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Home My WebLink About024288 ORD - 11/21/2000Doc# 2884887864 ORDINANCE CLOSING THE PUBLIC HEARING ON PROPOSED ASSESSMENTS FOR IMPROVEMENTS TO THE FOLLOWING HIGHWAY IN CORPUS CHRISTI, NUECES COUNTY, TEXAS: Omaha Drive Improvements Omaha Drive----I.H. 37 to Leopard Street 1MPOSING ASSESSMENTS TOTALING $126,982.07 AGAINST PROPERTY ABUTTING THE IMPROVEMENTS, AFFECTED RAILWAYS, AND PROPERTY AND RAILWAY OWNERS; FIXING CORRESPONDING LIENS ON PROPERTY AND CHARGES AGAINST PROPERTY OWNERS; PROVIDING FOR SUBSEQUENT ADJUSTMENT OF ASSESSMENT AMOUNTS AND THE CORRESPONDING LIENS AND CHARGES BASED ON AS-BUILT CONDITIONS; SPECIFYING ASSESSMENT PAYMENT TERMS AND LIEN ENFORCEMENT MEASURES; AND DECLARING AN EMERGENCY. In its Resolution No. 024246, passed on October 10, 2000, the city council determined that it was necessary to improve and ordered the improvement of the following highway in Corpus Christi, Nueces County, Texas: Omaha Drive--I.H. 37 to Leopard Street (collectively, the "Omaha Drive Improvements Project") (the "Project"). In that resolution, the city council also noted that street, curb, gutter, and sidewalk improvements were to be paid for partly by the city and partly by assessments. Driveway improvements were to be paid for entirely by assessments. On November 26, 1996, the city council passed Resolution No. 022767, which specified rules which apply to the city street improvement assessment process (the "Assessment Process Rules Resolution"). These rules concerned assessment hearing notice and the assessment hearing itself. In Resolution No. 024247, passed on Oct 10, 2000, the city council scheduled a public hearing on proposed assessments for the Omaha Drive Improvements Project. The city council directed that hearing notice be published and mailed in accordance with the Assessment Process Rules Resolution. Thereafter, notice was published on the following dates: October 23, 2000, October 30, 2000, and November 6, 2000. Written notice was sent via certified mail to owners of property abutting the proposed improvements, and owners of affected railways, if any, on November H:\LEG-DIR\SHINDALIOHN\ORD00.100\JPBORD00. 106 0, 4° 7,2000. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. During the November 21,2000 city council meeting, a public hearing was held concerning proposed assessments for the Omaha Drive Improvements Project. The city council considered: written testimony by the city's director of engineering services and a city-retained real estate appraiser. A copy of the appraiser's written testimony is attached as Exhibit A; testimony, if any, by owners of property abutting the proposed improvements and their representatives; C. testimony, if any, by owners of affected railways and their representatives; additional testimony, if any, by the director of engineering services, other members of city staff, and a city-retained real estate appraiser; and E. other testimony and evidence, if any. After consideration of all testimony and other evidence, the assessment hearing is closed. SECTION 2. Proposed assessments for each property abutting proposed improvements and for affected railway property, if any, are listed in Exhibit B. These assessments have been calculated according to the requirements of the Code of Ordinances, City of Corpus Christi (the "Corpus Christi Code") Section 49-2 l and Texas Transportation Code Chapter 313. The front-foot rule was applied unless that would have resulted in injustice or inequality. In those cases, however, the city council has applied special rates or made other equitable adjustments to the assessments, all considering the: A. special benefit the property and the owner receive in enhanced value to the property; B. equities of the owners; and adjustment of the apportionment to produce a substantial equality of benefits received and burdens imposed. SECTION 3. The city council determines that the assessment on each property listed in Exhibit B is just and equitable and does not exceed the special benefit in enhanced value which that property and its owner will receive by construction of the proposed improvements. SECTION 4. The assessments listed in Exhibit B are adopted and fixed as a lien on the property and a personal liability and charge against the property owner. This includes any property which is in the area between, under, or extending two feet outside a railway's tracks, double tracks, turn outs, or switches. SECTION 5. The director of engineering services or his designee is authorized to adjust these assessments and the corresponding liens and charges without further city council action if it is determined after completion of the proposed improvements that the amount of property actually improved is either greater or less than the amount utilized for purposes of calculating the assessment. Under those circmnstances, an adjustment may be made to ensure that the assessment for each property corresponds to as-built conditions. The adjustment will be made using the same assessment method (front-foot rule, special rate, other equitable adjustment) which was used to calculate the assessment listed in Exhibit B. It is intended that these adjustments will not be substantial in nature. Thus, they will not trigger any statutory requirement for the city council to hold a new assessment hearing to impose revised assessments. SECTION 6. These assessments have been imposed after due consideration of all testimony and other evidence. They include any appropriate equitable adjustments. They also reflect the correction of any errors, inaccuracies, or irregularities noted at the public hearing. All protests against or objections to the assessments or to the contract for the improvements, other than as reflected in Exhibit B, are denied. SECTION 7. In accordance with Corpus Christi Code Section 49-21, a property owner may pay an assessment as follows: Any property owner against whom and against whose property an assessment has been imposed may pay the whole assessment, without interest, within thirty (30) days after completion and acceptance of the improvements by the city. Altematively, an assessment may be paid in 120 or fewer monthly installments. The first installment will be payable within thirty (30) days after completion and acceptance of the improvements by the city. Installments and accrued interest will be due each month thereafter until the assessment is paid. Alternatively, an assessment may be paid in 10 or fewer annual installments. The first installment will be payable within thirty (30) days after completion and acceptance of the improvements by the city. One installment and accrued interest will be due each year thereafter until the assessment is paid. SECTION 8. The interest rate on assessments will be the greater off A. eight (8) percent per annum; or B. the interest rate paid by the city on its most recently issued general obligation bonds. Assessment installments may be paid at any time before maturity by paying the principal and accrued interest. If a property owner does not timely pay an assessment indebtedness or any part thereof, then the whole indebtedness remaining unpaid will, at the option of the city, immediately mature and become payable without notice, demand, or presentment for payment. SECTION 9. These assessment liens are first and prior liens on the property affected. They are superior to any other lien or claim other than one for county, school district, or municipal ad valorem taxes. The liens date from October 10, 2000, the date when the Corpus Christi City Council ordered the Omaha Drive Improvements Project. SECTION 10. A lien against property or the personal liability of a property owner that arises from an assessment under this ordinance may be enforced by suit or sale of the property assessed in the manner provided by law for sale of property for municipal ad valorem taxes. Further, the assessments may be collected along with interest, expenses of collection, and reasonable attorneys' fees. SECTION 11. That upon written request of the Mayor or five Council members, copy attached, to fmd and declare an emergency because of the need for immediate action necessary for the efficient and effective administration of city affairs, such finding of an emergency is made and declared requiring suspension of the charter rule as to consideration and voting upon ordinances at two regular meetings so that this oj:~tinance js passed and shall take effect upon first reading as an emergency measure this the _~_S3ay of [~ 0~2000. ATTEST: Arm~ecretary APPROVED: ]~ DAY OF/I/t) fica ,2000 CITY OF CORPUS CHRISTI JAMES R. BRAY JR., CITY ATTORNEY A Ohn P. Bur--kc, Jr. ' ~ ssistant City Attorney CITY ENGINEER'S STATEMENT OMAHA DRIVE IMPROVEMENTS PROJECT My name is ,~ngel R. Escobar. I am the City Engineer for the City of Corpus Christi and have served in this capacity for the last 13 months and as Assistant City Engineer for the last one-hundred and twenty months (120) months. I am a Professional Engineer, licensed by the State of Texas since 1977. I have over 23 years of experience in design of construction and estimating the costs thereof. I am familiar with this project which encompasses: Omaha Drive--I.H. 37 to Leopard Street The Project consists of the reconstruction of the streets and underground drainage and the construction of curb and gutter, sidewalks and driveway aprons in the Omaha Drive area. The streets will be restored to 28 feet back-to-back of curb. The plans/specifications provide the details of the design. Also included is the replacement of water and wastewater lines and associated public water and wastewater service connections. Funding for street work and utility related improvements is available from FY1997-98, FY1998-1999, FY 1999-2000 Community Development Block Grant (CDBG) Program and · from the FY 2000-2001 Street, Water, and Wastewater Capital Improvement Program. Prior to this hearing, I had an estimate of project costs prepared, and it compared favorably with the bids received. In my opinion, the costs are true and accurate. The project is estimated to start in January 2001 with completion in August 2001. ~iin;~ IioRr '~ SEC~; ~ r; ePr i'nE~ ~e~i c~e~~ GEORGE N. PARASKEVAS REALTORS CORPUS CHRISTI. TEXAS 78411 October 13, 2000 PRELIMINARY ASSESSMENT ROLL, OMAHA DRIVE FROM LEOPARD STREET TO 11137 SOUTH FRONTAGE ROAD My name is George N Paraskevas and l am a State Certified Residential appraiser and have been evaluating property and practicing real estate in the Corpus Christi area since 1971. I have experience in appraising both commercial and residential properties, and I am familiar with the real estate market in Corpus Christi. I am familiar with the Omaha Street Improvement. I agree with Mr. Angel R. Escobar's description of the conditions to be changed and I am familiar with the improvements to be made by the City of Corpus Christi. I have reviewed the project assessment roll; and personally examined each of the 34 parcels of land therein. In my opinion each such parcel will be specifically benefited by each improvement to be assessed against it; without regard to the community benefit. In addition, it is my opinion that each such parcel will be specially enhanced by such improvement at At least to the extent of the assessment stated. Thank you, George N Paraskevas Appraiser OFFICE (512) 992-2541 October 2, 2000 ITEM OWNER AND NO, PROPERTY DESCRIPTION 2 4 DESCRIPTION QUANTITY OF RATE PRELIMINARY ASSESSMENT ROLL OMAHA DRIVE FROM LEOPARD STREET TO I-H37 S. FRONTAGE ROAD NORTHSIDE WILLIAM DISTRIBUTING CO. 601 19TH ST., SUITE 800, 78408 LOT 1, 8A CT I0' OF 3A, BLK 1 ELLENDALE GARDENS NO. 3 B-4 & 1-2 GULF COAST COL~'CIL OF LA RAZA INC. 2230 BALDWIN ST . 78405 LOTS 9-10 & 5' LOT 11 ELLENDALE GARDENS NO. 2 A-2 B.L. GUESS, INC. 728 ELIZABETH. 78405 LOTS 12, 13 LESS N. 10' LOT 13 ELLENDALE GARDENS NO. 2 A-2 ARTURO GONZALEZ 805 OMAHA. 78408 LOT I, BLK 2 VANCURA ADDN A-2 123.27 L.F.C.G. & PVMT. 245.08 S.F S/W 686.00 S.F. D/W 1-62' 19.50 1.00 4.32 300.16 L.F.C.G. & PVMT. 19.50 1048.64 S.F S/W 207.45 S.F. D/W 1-18' 228.45 S.F. D/W 1-20' 1.00 4.32 4.32 189.62 L.F.C.G & ?VMT. 658.48 S.F. S/W 289.95 S.F. D/W 1-25 19.50 1.00 4.32 VANCURA DRIVE INTERSECTION 69.28 L.F.C.G & PVM/. 277.12 S.F. S/W 19.50 1.00 AMOUNT TOTAL AMOUNT 2403.77 245.08 2963.52 5612.37 5853.12 1048.64 896.18 986.90 8784.84 3697.59 658.48 1252.58 5608.65 1350.96 277.12 1628.08 H:\HOM E\CRISTIG GEN2TAB LE S ~ ~' ITEM OWNER AND No. P YD N 5 C.L. HAGGERTON ET UX 803 OMAHA. 78408 LOT 21. SHIPP TRACT A-2 SALVADOR GONZALEZ ET UX 805 OMAHA, 78408 LOT 20 SHIPP TRACT A-2 7 LILLIAN PAVLAS 809 OMAHA, 78408 50' X 140' OUT OF 3 ACRES UNRECORDED SHIPP TRACT A-2 8 CONRADO G. PENA ET UX 813 OMAHA, 78408 LOT 5 SHIPP TRACT A-2 9 ERICA L. GARCIA 817 OMAHA, 78408 LOT 6. SHIPP TRACT A-2 10 ELIDA GARCIA 821 OMAHA. 78408 LOT 17. SHIPP TRACT A-2 DESCRIPTION QUANTITY OF 50.00 L.F.C.G. & PVMT. 160.00 S.F. S/W 123.45 S.F. D/W 1-10' 50.00 L.F,C,G. & PVMT. 104.00 S.F. S/W 120.45 S.F. D/W 1-10 162.54 S.F. D/W 1-14 49.93 L.F.C.G. & PVMT. 135.72 S.F. S/W 186.45 S.F. D/W 1-16' 50.00 L.F.C.G. & PVMT. 228.45 S.F. D/W 1-20' 120.00 S.F. S/W 72.18 L.F.C.G & PVMT. 196.72 S.F. S/W 123.45 S.F. D/W 1-10' 154.93 S.F. D/W 1-13' 53.93 L.F.C.G. & PVMT. 123,45 S.F. D/W 1-10' 175.72 S.F. S/W ~ RATE 19.50 1.00 4.32 19.50 1.00 4.32 4.32 19.50 1.00 4.32 19.50 4.32 1.00 I9.50 1.00 4.32 4.32 19.50 4.32 1.00 AMOUNT 975.00 160.00 533.30 975.00 104.00 520.34 702.17 973.64 135.72 805.46 975.00 986.90 120.00 1407.51 196.72 533.30 669.30 1051.64 533.30 175.72 TOTAL AMOUNT 1668.30 2301.51 1914.82 2081.90 2806.83 1760.66 H:\HOME\CRISTIG\GEN~TABLES ITEM OWNER AND No. P PTI N DESCRIPTION QUANTITY OF ASSESSED ~ ~TE AMOUNT TOTAL AMOUNT ASSESSED I1 JOSE ALANIZ 825 OMAHA. 78408 LOT 16, SHIPP TRACT A-2 54.02 L.F.C.G. & PVMT. 176.08 S.F. S/W 123.45 S.F. D/W I-Iff 19.50 1.00 4.32 1053.39 176.08 533.30 1762.77 12 GERALD & MARY SHELLER 429 MC CLEOD. 78408 DOC# 1996043916 UNRECORDED SHIPP TRACT A-2 54.02 L.F.C.G. & PVMT. 176.08 S.F. S/W 123.45 S.F. D/W 1-10' 19.50 1.00 4.32 1053.39 176.08 533.30 1762.77 13 MARGARITO MONTELONGO 841 OMAHA, 78408 LOT 5. SH1PP TRACT A-2 50.02 L.F.C.G. & PVMT 160.08 S.F. S/W 123.45 S.F. D/W 1-10' 19.50 1.00 4.32 975.39 160.08 533.30 1668.77 14 DOUGLAS EDWARDS 1501 - 12TH ST.. WEB TR N. 50' OF 100 X 200 185 AKA SHIPP TRACT. LESS POR TO ROW A-2 50.04 L.F.C.G. & PVMT. 160.16 S.F. S/W 123.45 S.F. D/W l-Iff 19.50 1.00 4.32 975.78 160.16 533.30 1669.24 15 16 RICHARD SUAREZ 847 OMAHA. 78408 LOT 13, SHIPP TRACT A-2 ROY A. BEAVER P.O. BOX 3307. 78463 LOT 11, SHIPP TRACT A-2 100.05 L.F.C.G. & PVMT. 360.20 S.F. S/W 123.45 S.F. D/W 1-10' 200.58 L.F.C.G & PVMT. 564.32 S.F. S/W 336.15 S.F D/W 1-17.5-111' 360.40 S.F. D/W 1-15- 1-16 19.50 1.00 4.32 19.50 1,00 4.32 4.32 1950.98 360.20 533.30 3911.31 564.32 1452.17 1556.93 2844.48 7484.73 H:\HOME\C RISTIG\GENhTABLES ITEM OWNER AND No. ERTY RIP DESCRIPTION QUANTITY OF RATE AMOUNT TOTAL AMOUNT 17 MAIN FAMILY PROPERTIES 1601 ALAMEDA. 78404 LOT 9. SHIPP TRACT AND WEBB/RN UNRECORDE A-2 200.00 L.F.C.G. & PVMT. 676.00 S.F S/W 246.90 S.F. D/W 2-10' 133.95 S.F. D/W 1-11' 19.50 1.00 4,32 4.32 3900.00 676.00 1066.61 578.66 6221.27 18 GUADALUPE GARZA 1830 JORDAN, 78412 LOT 8 & ADJACENT TRACT SHIPP TiL,~CT A-2 100.06 LF.C.G. & PVMT. 320.24 S.F. S/W 123.45 S.F. D/WI-10' 173.45 S.F. D/WI-10' 19.50 1.00 4.32 4.32 1951.17 320.24 533,30 749.30 3554.01 19 JERRY MATHIS 12925 E. REDBIRD. 78414 LOT 7 SHIPP TRACT 154.10 L.F.C.G. & PVMT. 476.40 S.F. S/W 577.50 S.F. D/W 19.50 1.00 4.32 3004.95 476.40 2494.80 5976.15 I-H 37 S. FRONTAGE ROAD NTERSECTION END OMAHA DRIVE NORTHSIDE H:\HOME' CRISTIG\GEN\TABLES 20 21 CODY JAMES KELLEY RT. 1, BOX 404 GEORGE WEST, TX 78022 403 OF AN AC OUT OF LOT B ELLANDALE GARDENS NO. 2 PEGGY ANN GRAY. WANDA GONZALEZ 718 OMAHA, 78408 .56 ACRE OUT OF LOT A ELLENDALE GARDENS NO. 2 A-2 OMAHA DRIVE FROM LEOPARD TO I-H 37 S. FRONTAGE ROAD SOUTHSIDE 189.78 L.F. OFC.G. & PVMT. 619.12 S.F. S/W 402.50 S.F. D/W 1-35' 101.68 L.F.C.G. & PVMI. 350.72 S.F. S/W 165.45 S.F. D/W 1-14' 19.50 1.00 4.32 19.50 1.00 4.32 3700.71 619.12 1738.80 1982.76 350.72 714.74 6058.63 3048.22 1TEM OWNER AND 22 MRS. MARILYN B. HOFFMAN WORTHINGTON HOTEL 200 MAIN ST.. SUITE 1201 FORT WORTH, TX 76102 LOT 4 ELLANDALE GARDENS NO. 2 A-2 23 COUNTY TRUSTEE 901 LEOPARD, 78401 LOTS 3-C. 3-D COURTHOUSE ELLENDALE GARDENS NO. 2 A-2 DESCRIPTION QUANTITY OF 100.00 L.F.C.G. & PVMT. 400.00 S.F. S/W 100.00 L.F.C.G.&PVMT. 304.00 S.F. S/W 165.45 S.F. D/W 1-14' 123.45 S.F. D/WI-10' RATE 19.50 l.O0 19.50 1.00 4.32 4.32 AMOUNT 1950.00 400.00 1950.00 304.00 714.74 533.30 TOTAL AMOUNT 2350.00 3502.04 H:\HOM E\C Ri STIG\GEN~TABLES 24 25 26 JAY PHILIP WERNER 3418 DENVER. 78411 LOT 2 & S 20'. LOT I ELLENDALE GARDENS NO. 2 A-2 MADELYN L. VOGLER P.O. BOX 4001, 78469 N. 80' OUT OF LOT 1 ELLENDALE GARDENS NO. 2 A-2 JOHNNIE & JIMMIE IRWIN 3702 BRUSHWOOD, 78415 LOT 16 ELLENDALE GARDENS A-2 120.00 L.F.C.G. & PVMT. 400.00 S.F. S/W 123.45 S.F. D/W 1-10' 123.45 S.F. D/W 1-10' 80.00 L.F.C.G. & pVMT. 280.00 S.F. S/W 123.45 S.F. D/W 1-10' 114.70 L.F.C.G. & PVMT. 378.80 S.F. S/W 123.45 S.F. D/W 1-10' 123.45 S.F. D/W 1-10' 19.50 1.00 4.32 4.32 19.50 1.00 4.32 19.50 1.00 4.32 4.32 2340.00 400.00 533.30 533.30 1560.00 280.00 533.30 2236.65 378.80 533.30 533.30 3806.60 2373.30 3682.05 ITEM OWNER AND 27 ROEL PENA ET UX 810 OMAHA. 78408 LOT 15 ELLENDALE GARDENS A-2 28 PEDRO G. PENA, ET UX 818 OMAHA. 78408 LOT 14 ELLENDALE GARDENS A-2 DESCRIPTION QUANTITY OF 100.07 L.F.C.G. & PVMT. 320.28 S.F. S/W 28.45 S.F. D/W 1-20' 99.52 L.F.C.G. & PVMT. 350.00 S.F. S/W 144.45 S.F. D/W 1-14' RATE 19.50 1.00 4.32 19.50 1.00 4.32 AMOUNT 195.37 320.28 I22.90 1940.64 350.00 624.02 TOTAL AMOUNT 638.55 2914.66 H:\HOM E\C RISTIG\GEN~TABLE S 29 ADELINA PENA 826 OMAHA. 78408 LOT 13 ELLENDALE GARDENS A-2 100.02 L.F.C.G. & PVMT. 360.08 S.F. S/W 144.45 S.F. D/W 1-14' 19.50 1.00 4.32 1950.39 360.08 624.02 2934.49 3O BRYAN & LINDA MC COUL 834 OMAHA. 78408 LOT 12 ELLENDALE GARDENS A-2 100.27 L.F.C.G. & PVMT. 337.08 S.F. S/W 186.45 S.F. D/W 1-16' 19.50 1.00 4.32 1955.27 337.08 805,46 3097.81 31 ROY A. BEAVER P.O. BOX 3307, 78463 LOTS 10 & l 1 ELLENDALE GARDENS A-2 200.21 L.F.C.G. & PVMT. 760.84 S.F S/W 123.45 S.F. D/W 1-10' 19.50 1.00 4.32 3904.10 760.84 533.30 5198.24 ITEM OWNER AND DESCRIPTION QUANTITY OF RATE AMOUNT TOTAL AMOUNT 32 RUDY GARZA 329 BAKER, 78408 LOT 8 ELLENDALE GARDEN A-2 199.95 L,F. C.G. & PVMT. 607.80 S.F. S/W 228.45 S,F. D/W 1-20' 312,45 S.F. D/W 1-28' 133.95 S.F. D/W I-I1' 19.50 1.00 432 4 32 4.32 3899.03 607.80 986.90 1349.78 578.66 7422.17 33 YUNKER INDUSTRIES CORP. P,O. BOX 18401. 78480-8401 LOTS 6 & 7 ELLENDALE GARDENS A-2 200.00 L.F.C.G. & PVMT. 576.00 S.F. S/W 123.45 S.F. D/W 1-10' 385.95 S.F. D/W 135' 133,95 S.F.D/W 1-11' 19.50 1.00 4.32 432 4.32 3900.00 576.00 533.30 1667.30 578.66 7255.26 H:\HOM E\C RI STIG\GENhTAB LES 34 BAY OAK PROPERTIES. INC. 6707 FA'~CLIFF HOUSTON. TX 77069-3233 LOTS 4A & 4B ELLENDALE GARDENS 190.52 L.F.C.G. & PVMT. 670,08 S.F. S W 144.45 S.F. D \V 1-12 133.95 S.F. D W-I-Il I-H 37 S. FRONTAGE ROAD INTERSECTION END OMAHA DRIVE SOUTHSIDE END PROJECT 19.50 1.00 4,32 4.32 3715.14 670.08 624.02 578.66 5587.90 126982.07 H:\HOME\CRiSTIG\GENXTABLES Corpus Christi, Texas OQ/'~)CDayof ~ ~2000 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Javier D. Colmenero Melody Cooper Henry Garrett Dr. Arnold Gonzales Rex A. Kinnison Betty Jean Longoria John Longoria Mark Scott Any provision herein which restricts the Sale, Rental or use el the described REAL P(~OPER'~D~ because of Race, Religion, S ex, Handicap. Familial Status or National Ofl~l, ia invalid and unenthmeable under FEDERAL LAW. 3/12/89 Doc# i~001003946 CERTIFICAT~E THE STATE OF TEXAS § COUNTY OF NUECES § I, Armando Chapa, City Secretary for the City of C0rpus Christi, do hereby certify that the attached exhibits are true and correct copies of Ordinance No. 024288 passed and approved by City Council on November 21, 2000, and of Resolution No. 024246, passed and approved by City Council on October 10, 2000, on file in the records kept and maintained at the office of the City Secretary of the City of Corpus Christi. WITNESSETH MY HAND AND OFFICIAL SEAL of the City of Corpus Christi, Texas, this ~l dayofJanuary, 2001. Armando Chapa City Secretary H:~LEG-DIR\SHINDALIOHNLa-SSESMNT~004 JPB .ASM 3 NOTICE OF ASSESSMENTS IMPOSED FOR STREET AND RELATED IMPROVEMENTS THE STATE OF TEXAS § COUNTY OF NUECES § OMAHA DRIVE IMPROVEMENTS 1. On November 21, 2000, the Corpus Christi City Council imposed assessments for street and related improvements to properties on Omaha Drive from I.H. 37 to Leopard Street, located in Corpus Christi, Nueces County, Texas. Legal descriptions of the properties against which assessments were imposed are specified in the assessment ordinance, Ordinance No. 024288 (certified copy attached as Exhibit 1). 2. The assessment ordinance was preceded by Resolution No. 024246 (certified copy attached as Exhibit 2), which the City Council passed on October 10, 2000. In that Resolution, the Corpus Christi City Council determined that it was necessary to improve and ordered the improvement of the following street: Omaha Drive----I.H. 37 to Leopard Street (hereinafter called the" Project"). As specified in more detail in Project plans and specifications, the Omaha Drive--I.H. 37 to Leopard Street improvements will include: A. filling, grading, raising, paving, or repairing the street in a permanent manner; B. widening or narrowing various sections of the street; C. constructing and realigning curbs, gutters, and sidewalks; and D. constructing driveways. 3. The cost of street, curb, gutter, and sidewalk improvements will be paid for partly by the city and partly by assessments against: A. property abutting the part of the highway to be improved; and H:~LEG-DIR\SHINDA~JOHNL~S SESMNT~004 IPB.A S M B. affected railway property, if any. Costs to construct driveways will be paid for entirely by assessments. CITY OF CORPUS CHRISTI By: Nan,. 'Angel Escobar. P.E. Title: Director of En~ineerin~ Services Date: STATE OF TEXAS COUNIY ~ NUECES I her*by c~y that ~hls i~slmment was RLED ~ Rle Nu~ S~ue~e on ~e date and at ~e ~ ~ta~d hewn ~y ~,~ was d,~ RECORDED, in ~e ~;c~al P~t;;~c ~,~C~rd~ ~ Nueces Count, T~xas r NUECES COUNt. ~ Approvefi as to form this the day of / ,2001 JAMES R. BRAY JR., CITY ATTORNEY ~.'P. Burke, Jr. ~ (._~istant City Attorney ~ THE STATE OF TEXAS § COUNTY OF NUECES § This instmment w~s a~knowledged before me on the ~ day of January, 2001, by John P. Burke, Jr., Assistant City Attorney. ?-0. ¢Oy q 77 H:kLEG-DIR\SHiNDAkJOh'N~SSESIVINT~004 JpB .ASM N~tJry in and for the State'o?Texas ~0c#i~O0~O03946 # Pa§es 3 Date: 1/31/~001 4:17=~3 P~ Filed & Recorded in 0ffieial Records of RUECE8 COU~TY ER~ESI ~. BRID~E8 COUNTY CLERg Fees $13.00 rivaled ~d u~O~ ..... State of Texas } County of Nueces } PUBLISHER'S AFFIDAVIT SS: CITY OF CORPUS CHRISTI Ad # 3621639 PO # Before me, the undersigned, a Notary Public, this day personally came Eugenia Cortez, who being first duly sworn, according to law, says that she is Customer Service Manager of the Corpus Christi Caller-Times, a daily newspaper published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria and Webb Counties, and that the publication of, NOTICE OF PUBLIC HEARING CONCERNING which the annexed is a true copy, was inserted in the Corpus Christi Caller-Times and on the World Wide Web on NOVEMBER, 2000. TWO (2) Time(s) $469.82 the Caller-Times Interactive on the 6TH day(s) of Customer Service Manager Subscribed and sworn to me on the date of NOVEMBER 07, 2000. \ Notary Public, Nueces County, Texas CONNIE HARALSON Print or Type Name of Notary Public My commission expires on 5/14/01. HEARING CONCERNING PROPOSE]~ A~ESSMENTS ~TREET AN~I I I~ L A T E ! MPROVEMENTS mills DrlW~ I~ngDate: Nove~M 21. 2000 at. 2~00 p.m.' P~ace: City Cou~ ~lmbers; t~t Flelil~ ¥ Ha!l, 1~1 ~ prov®me~s ~0 Ilowing streets ~rpua C~-iai, ~un~,,, T~: .Iv~ o I.R. ~? ~ Leopard Street ~_c~llectively, the 'Omaha Drive Im rovement~ ~,) (~ Owne~ curb,~ g~tter, ~sb ~ved, ~ ~.~ ~e ~d~ ~n~ 50% of t~e ~ldentlal" r~[e for be 'no sidewalk · The propos* Improvements include: A. ,~m~ied ~ (Item; ~.~, :~rlces for :~mentl [Plus Adjusted ~r Ch~' ~, ~ ~ ~r P~m~t~ ~: !n ~t eve~ U~ ~u, ~e, S~ 49-21. Curb: d 25~r in depth, PUBLISHER'S AFFIDAVIT State of Texas } County of Nueces } SS; CITY OF CORPUS CHRISTI Ad # 3621621 PO # Before me, the undersigned, a Notary Public, this day personally came Eugenia Cortez, who being first duly sworn, according to law, says that she is Customer Service Manager of the Corpus Christi Caller-Times, a dally newspaper published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria and Webb Counties, and that the publication of, NOTICE OF PUBLIC HEARING CONCERNING which the annexed is a true copy, was inserted in the Corpus Christi Caller-Times and on the World Wide Web on the Caller-Times Interactive on the 23RD, 30TH day(s) o oo o ,, ooo. $937.64 Customer Service Manager Subscribed and sworn to me on the date of OCTOBER 31, 2000. Notary Public, Nueces County, Texas CONNIE HARALSON Print or Type Name of Notary Public My commission expires on 5/14/01. Caller-Times, Monda ,~ober 23, 2000/D7 NOTICE OF PUBLIC H E A I N ~ =iCON C E~R NI N' IP R O P (~)Brae I ASSESSMENTS FO $TREET AN iMPROVEMENTS meha Driv them. Project cost ainu preliminary a~essment estimates are: A. Anticipated Total Project Cot¥lr~t~ r a ~tio n Cost: _$8~,8;763.0D; B. city Po~: $~rf%78o.93: c. Preliminary Total of AaseaBments: $126,9~.07. Is/ Amend0 Ch~ga~ abutting a the steel. improvement, ownem o 9. The estimated total afl.ted railwaYs, if a~y, of the irr~rOvements end .owner · each part of the hi ay representatives may to tm todd ~a~Wor hearing, i~: O~ta~a Drive -- I.H. ' [ m pTr ohvee mPe;<~ aP ° aw(~ I~ IL,t,~l~rd S'reet: II Inclu~le: A. filling, 10. The Omaha Drvell gr~dmg, Io.w?ln.~g, I Improvements Project pawng, or repmnng me ,'the ,Prelect" ncludes / Itmets in a permanent ~n ~nta'~ are atmets to 28. feet back of ~ ',,nollv-"~-a~e~ | curb to backer ou~; ~. ~'~'e-r' ¢onstruotlng.~arlCl ~am~, 4. The Itrtm~ w~ ri:et aPply tO teem oenatructed ~by Imp~ o~ the city m e~avation to a aufl~ie~t il 6e~ math for the fernY, ring , ~],e pa~ pavement sections: A; ~u~er aachen; ~. ~.men estimates are: A. compacted time ~tm~ :Total inch c~mpacted limed $898783.00; B. City bede; and D. 2-inch Portion: $771,780.93: C. HMAC-Type "D" and width of 28 feet mlllumd from the beci~- POt sidewalks, 4 inches Preliminary Total of prop?ties aa' :: 2~ Pavement, ~and Gutter