HomeMy WebLinkAbout024949 ORD - 07/16/2002ORDINANCE
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CLOSING THE PUBLIC HEARING ON PROPOSED ASSESSMENTS FOR
IMPROVEMENTS TO THE FOLLOWING HIGHWAY IN CORPUS
CHRISTI, NUECES COUNTY, TEXAS:
CLIFF MAUS ROAD, PHASE IA, FROM F.M. 665 (OLD BROWNSVILLE
ROAD) TO JUST SOUTH OF ROCKFORD ROAD
IMPOSING ASSESSMENTS TOTALING $38,189.68 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.024866, passed on May 14, 2002, thc city council determined that it was
necessary to improve and ordered thc improvement of the following highway in Corpus Christi,
Nucces County, Texas:
Cliff Maus Road, Phase l A, from F.M. 665 (Old Brownsville Road) to just south of
Rockford Road
(collectively, the "Cliff Mans Road, Phase 1. Street Improvements Project") (the "Project"). In
that resolution, thc 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.024867, passcd on May 14. 2002, the city council scheduled a public
hearing on proposed assessments for the Cliff Mans Road, Phase 1, Street 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: June 3, 2002, June 10, 2002, and June 17, 2002. Written notice was sent via certified mail
to owners of property abutting the proposed improvements, and owners of affected railways, if
any, on June 27, 2002.
}l: I EG-DI~\john~,ORI)INANCE Close Pul) Hrg (/iffMaus 1)~. ;vpd
024949 ,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CORPUS CHRISTI, TEXAS:
SECTION 1. During the July 16, 2002 city council meeting, a public hearing was held
concerning proposed assessments for the Cliff Mans Road, Phase 1, Street Improvements
Project. The city council considered:
A. ~'itten 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;
B. testimony, if any, by owners of property abutting the proposed improvements and
their representatives;
C. testimony, ii' any, by o~vners of affected railways and their representatives;
D. additional testimony, ii' any, by the director of engineering services, other
members of city stafl~ 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 1 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
C. 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.
H: LEG-DIR~ohn ORDINANCE C}osc Pub Hrg CliffMaus Dr.x~pd 2
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 circumstances, 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.
Alternatively, 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 May 14, 2002, the date when the Corpus Christi
City Council ordered the Cliff Maus Road, Phase 1, Street 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 la~v 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 find 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 ordinance is passed and shall take effect upon first
reading as an emergency measure this the / ~tay of ~'4,-- ,2002.
ATTEST:
Armando Chapa, City Secretary
CITY OF CORPUS CHRISTI
Samuel L. Neal, Jr., Mayor~
APPROVED AS TO FORM THE It) DAY OF....~///---},'
JAMES R. BRAY JR., CITY ATTORNEY
,2002
By: I'~.,~ 17 ~M~,~ (~,!
f Foh~ P. Burke, Jr. "If'
k,/ Assistant City Attome:sV
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,
City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Henry Garrett
Rex A. Kinnison
Bill Kelly
John Longoria
Jesse Noyola
Mark Scott
H:\LEG-DIR~john\ORDINANCE~Close Pub Hrg. Cliff Maus Dr..x~pd 0 2 ~t 9/~ ~[~ 5
CITY ENGINEER'S STATEMENT
CLIFF MAUS DRIVE
FROM OLD BROWNSVILLE ROAD TO SOUTH OF ROCKFORD DRIVE
My name is Angel R. Escobar. I am the City Engineer for the City of Corpus Christi and have
served in this capacity for the last 26 months and as Assistant City Engineer for the last one
hundred twenty months (120) months.
I am a Professional Engineer, licensed by the State of Texas since 1977. I have over 24 years of
experience in design of construction and estimating the costs thereof.
I am familiar with this project which encompasses:
· Cliff Maus Ddve from Old Brownsville Road to south of Rockford Drive
The proposed project consists of 1,400 linear feet of 42-foot back-to-back pavement, widening to
52-foot back to back pavement at the intersection with F.M 665 (Old Brownsville Road), sidewalks,
driveways, 1,820 linear feet of storm sewer and storm outfall structure, 1,490 linear feet of sanitary
sewer and 1,513 linear feet of water line together with all appurtenances as shown on the plans
and called for in the specifications.
Funds to finance the project are available in the FY 2001-2002 Street, Storm Water, Wastewater,
and Water 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. This project is estimated to start
in August 2002 with completion in February 2003.
/y~ge~ R. Escobar, P.E.
Director of Engineering Services
(~Date)
H:'~OME',VELMAR\GEN~STREE~6148 CLIFF MAU S~CONSTRUCTION~ENGIN EER STATEMENT
EXHIBIT "A"
GEORGE N.
PARASKEVAS
REALTORS
CORPUS CHRISTI. TEXAS 7541!
May 30, 2002
PRELIMINARY ASSESSMENT ROLL, CliffMans Drive
CliffMaus Drive - Old Brownsville Road to 289' South of Rockford Drive
My name is George N Paraskevas and I am a State Certified Residential appraisex 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 CliffMaus Drive Street Improvements. I agree with Mr. JeffBarreso's description
of the ennditions 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 8 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 improve~nent at
least to the extent of the assessment stated.
Thank you,
George N Paraskevas
Appraiser
OFFICE (512)
Preliminary Assessment Roll - Cliff Maus Dr.
C~ffMausDr.-O~lBmwnst~Rd. toRoc~,dDz..
Exhibit "B"
Any provis~n herein which m$~icts the Sale, P, ental or use
of the described REAL PBOP~R'P¢ b~a~e of Race, Color,
Reli~, S~. Handicap, F~i~l S~s ~ Na~nal O~g~, is
invatid and unen~crceab~e u~ FEDER~ ~W, ~1~9
02JUNI9 ~MII:OI
State of Texas }
County of Nueces } ss:
PUBLISHER' S AFFI DAVIT
CITY OF CORPUS CHRISTI
Ad # 4210553
PO #
Before me, the undersigned, a Notary Public, this day personally came Diana
Hinolosa, who being first duly sworn, according to law, says that she is Credit
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 the Caller-Times Interactive on the 3RD, 10TH, 17TH
day(s} of JUNE, 2002. ~, ~0- .(r~ ~.~, ~. ~__~, _
$1,690.22 ~.~'~ ~l.~ ~/-[~0~..~,~
SIX (6) Time(s)
Credit Manager
Subscribed and sworn to me on the date of
JUNE 18, 2002.
Notary Public, Nueces County, Texas
ROSA MARIA FLORES
Print or Type Name of Notary Public
My commission expires on 04/23/05.
Monde, June 3, 2002,
i Improvements [Plus
NOTICE OF PUBLIC :Engineering Cos!si
H E A R I N G
CONCERNING
PROPOSED
ASSESSMENTS FOR
STREET AND
R E LATE D
~MPROVEMENTS
Cliff Maus Road, Phase
A, Street
Improvements Project;
Hearing Date: July 16,
2002 at 2:00 p.m.;
Place: City Council
Chambers, 1st Floor,
City Hall, 1201
Leopard Street,
Corpus Christi, Texas.
1. The Corpus Christi
City Council will hold a
)ublic hearing
concerning proposed
assessments for street
and related
Improvements to the
following street in
Corpus Christi, Nueces
County, Texas:
Maus Road
Road
Cliff Maus
Phase lA
improvements Project)
(the 'Project").
2.Owners of p~operty
a proposed
of affected railways, if
any, and owner
representafive~ may
appear and ts~tty at
the heari~l.
grading, lowering,
paving or repairing the
streets in a permanent
manner; B. widening
the streets fo 42 and
52 feet back of curb to
back of .curb;
52 feet measured from
the back-of-curb to
Sidewalk
improvements Will also
include 5 and 6 foot-
i~3hes thick.
LRetnforced
driveways will be
Adjusted per Corpus
Christi Code, Section
49-21 Maximum
Assessment Rates per
Corpus Christi Code,
Section 49-21): A.
Pavement, Curb and
Gutter Improvements:
1. Base Bid Item: Cliff
Maus Road 42' Back-
of-Curb to Back-of-
Curb & Pavement (B-
B): $51.89 per L.F.,
Cliff Maus Road 52'
Back-of-Curb to Back-
of-curb & Pavement (B-
B) $69.54 per L.F.;
$19.50 par L.F.; B.
Sidewalks: $2.33 per:
S.F.,; $1.00 per S.F.;
C. Driveways: $2.92
per S.F.; $2.92 per
S.F; D. Property which
sides along the street
i being improved will be
assessed at the rates
specified above. E.
Properly backing onto
a street bain
reproved wilt b~
respective r~tes
SeC~len ~No. e; E.
property is more than
property beeldng o~
residential fronting rate
Ihe rasidenlial rate for
~ sidewalks. Except as
J, otherwise provided in
I Seetion 49-21, whare a
of the property, thera
10. The Cliff Maus
Road, Phase lA Street
improvements Project
the "Project" inciudes
improvemen s wh ch
are to be paid for partly
or wholly by
assessments. Other
project
are to be
entirely by the mprovementsProject;
because either Hearing Date: Juy 16,
assessmen s statute . .
the ~ 2002 at 200 p.m,.
~loes not ap~ly to "alii Place: ,City Council
ci is not makin Chambers, 1st Floor,
. Leopard Street,
them Project cost and · *
. . . Corpus Christi, Texas.
as ' ' d City Council will hold a
are: A, Anticipate ub ic hear ngl
Construction Costs: v~ ~;sm ~ts~or~st r eot
$685,062.00; B. City
$43,013.38.
City Secrata~y
City of Corpus Christi
Monday, June 10, 2002
NOTICE OF PUBLIC ~ En'gineering Costs]
H I= A R I N GI~ Ad usted per Corpus
CONCERNING~ Christ Code, Section
P R O P O S E D 49-21; Maximum
ASSESSMENTS FOR ~ Assessment Ratesper
STREET AND ! Corpus Christi Code,
R E L A T E D '. Section 49-21): A.
Pavement, Curb and
iMPROVEMENTS ~ Gutter improvements:
Cliff Maus Road, Phase . Base Bid Item: Cliff
I A, St re et Maus Road 42 Back-
of-Curb to Back-of-
Curb & Pavement (B-
B): $51 89 per L.F,,
Cliff Maus Road 52'
Back-of-Curb to Sack-
of-curb & Pavement (I
B} $69.54
$19.50
Sidewalks: $2,33
C.
per S.Fd
' S,F; D, Property ~
and related sides along
mprovements to the
following street n the rates
Corpus Christi, Nueces specified above,
County, Texas: Cliff property backing onto
Maus Road From F.M. a street being
665 Old Brownsville,, improved w[U be
Road) to just south of1 ~ assessed at the rates
Rockford Road (the / specified above except
Cliff Maus Road if access s prohibited.
Phase lA Street n that event, the rates
mp~veme?.tsProect w be educed50%.
(the Project ). ~8 Under Corpus Christi
2.Owners of property ~ ~ode, Section 49-21,
abutting a proposed special assessment
of affected railways, if
representatives may
appear and tostEy at
the hearing.
3.The proposed
improvements writ
include: A. filling,
grading, lowering,
paving or repainng the
streets in a permanent
manner; B. widening
the streets to 42 and
52 feet back of curb to
back of curb; C.
constructing and
reali9ning curb,
gutters, and sidewalks;
and D. constructin,
driveways.
4.The streets will
constructed
sufficient dapth for the
excavation to a~
following pavement i
~' ~rb and ~
section; B. 6' ftsxib~
base-h!gh strength; C.
eogrid reinforcement
[~. 3.5" HMAC-Type B;
E. 2" HMAC-Type D
' and widths of 42 and
52 feet measured from
the beck-of-curb to
beck-of-curb Hot Mix
asphaltic pavement.
5. Sidewalk
improvements will also
include 5 and- 6 foot-
wide reinforced
concrete sidewalks, 4
inches thick,
6.Reintorced concrete
driveways will be
constructed.
7.The estimated amount
per froct-foct proposed
to be assessed against
owners of property
abutting the
improvements and the
rates apply to certain
residential, church, and
school pmpaffies as
follows: A, Pavemect,
Curb and Gutter
Improvements: $9.75
per LF.; B. Sidewalks:
$1.00 per S.F.; C.
Driveways: $2.92 per
S.F.; D. For property
siding on a street being
improved, assessment
rates for curb, gutter,
pavement and
sidewalk
improvements will not
exceed 50% Of the
respective, rat~s
specified in this
Section No. 8; E,
Except where the
propad~y is more than
250 fear in depth,
property backing bn
the street being
improved will not be
assessed for curb,
gutter and pavement
improvement unless
"driveway access is
allowed. If driveway
access is allowed, then
the assessment rate
will be 50% of the
residential fronting rate
for curb, gutter and
pavement, and 50% of
the residential rate for
sidewalks, Except as
otherwise provided in
Section 49-21, where a
sidewalk exists in front
of the property, there
will be no sidewalk
assessment: and F.
Finally, if the property
is over 250 feet in
depth, the assessment
rates will De the same
as if the property were
fronting the street.
9. The estimated total
~ cost of the
= improvements on each
property on wflloh the pa~t of the highway to
headng is to b~ held is
specified below; (Item; i be paid panty or wholly
by assessments is:
Bid Prices for $272,311.00;
Assessable
Improvements [Plus
10. The Cliff Maus
Read, phase IA Street
mpr,o, vements Praioet[
(the Project") includes
improvements wh~jh
are to be paid for pa y
or wholly by
assessments. Other
project improvements
entirely by the City
are to be paid for
because either the i
assessments statute
does not apply to the
improvements or the
city is not making~
assessments to pay for !
them. Project cost and i
preliminary!
assessment estimates
a e: A. Anticipated
Total Project
Construction Costs:
$685,062.00; B. City
Po~t on: $642048.62;
C. PreliminAry Total o
ssessments:
43,013.38.
Mondl, J~
HOTICE OF p!.J~MC ~{~eted per C.,o~p~s! l~T'-The Cliff
~P R 0 P 0 S E O~ ~.Rat~r~ (~e P~)~I
~ ~SESSMENT8 ~R j ~us ~l ~,~ impmv~ents which
~ STREET AND~ Section 49-21):~ am~ld~r~y
~ R E L A T E D[ ~, Cu~ [~ or wholly
~ IMPROVEMENTS ~ G~r Impmve~[~ ~smen~. Othe~
~Clffi MaUS Road, P~e 1. Ba Bid ~ p~
~ lA, Street ~ueR~d~ ~-~ ~ ~ be ~d ~r
": 2~2 at 2:00 p.m.; ~men~
'+Place: Ci~ Oouncll
City Hall, 1201
Leopard Street,
Corpus Christi, Texas.
1. The Corpus Christi
City Ceuncil will holds
public hearing
concerning pried
and rel&tad
Corpus ~hdsti, Noaoae
Mau~:~l Fmm F.M.
665 (Old Brownsville
Road) to just sOUth of
Roc~dord ROad
Improvements Project) ~
(the 'Project"). i
2.Owners of property L
ebuffing e proposedI
improvement, ownem I
of affected railways, if
appear end ts~t~y at
improvements witl~
include: A; filling,
Pav~ng er repalrlng the
and D. conat~
sufficient depth tm' the
D. 3.5" HMAC-Type B;
E. 2' HMAC-Type D
and widths of 42 and
52 feet measured from
asphaltic paver~nt.
include $ and 0 foot-
inches thick.
6.Relnforoad ~or~rete
7.TYro estimated amount
owners Of prope~
property on whk~ ~
hearing is to be held i~I
A s S e s sa bls!
Improvement~
Engineering C0sts]
8;Under COrpus Chriml
Code, Sentlo~ 4g-21,
apePlel
mte~a
~.h~ol ~ropegles es
follow~: A,Pavement,
Curb and Gutter
improvements: $9.75
per L.F.; B. Sidew$1k$'.
$.F,; O. For property
aldlnQ on a S~ being
tmprOved, aesM~fna~t
rates for c~, guber,
pavement end
~ld eWeik
improvements will not
specified in this
8~tl0,n No. e; E.
Excapl where the
~y ia mom than~
2~0 feet n depth
~pee rty basking on
improved wilt not
essassed for surb,
gutter and pavement
[rpprovement unless
driveway assess
allowed. I! drlveway~
ecoae~ ia ~owed, then
the e~esesment rate
will be 60% of the~
I~tderitial frongng rate
for sarp, gutter and l
pavement, and 50% of
the r~ntlal rate forI
oth~rv/l~e rpmvlded In
Se~on 4g-21, where aI
~tbe p~tty, there
II ibp no ~lbewalk
esesesment: end F,
Finally, if the property
Is over 250 feet in
depth the assessment
rates wll be the same
es If tbs property wsre
fronting the ~traet,
9. The esflm~tsd total
sost of the
Improverna~ on each
pe~,d the t~ghw~y to
[~ paid partly er whoay