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HomeMy WebLinkAbout025056 ORD - 10/22/2002ORDINANCE CLOSING THE PUBLIC HEARING ON PROPOSED ASSESSMENTS FOR IMPROVEMENTS TO THE FOLLOWING HIGHWAY IN CORPUS CHRISTI, NUECES COUNTY, TEXAS: Brookdale Street improvements from Gollihar to Sunnybrook and Whiting Street sidewalk improvements from Churchill to Lanier IMPOSING ASSESSMENTS TOTALING $77,685.74 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.024995. passed on September 9, 2002, the city council determined that it was necessary to improve and ordered the improvement of the following highway in Corpus Chr'sti, Nueces ( ounty, Texas: Brookdale Street improvements from Gollihar to Sunnybrook and Whiting Drive sidewalk improvements from Churchill to Lanier (collectively, the ~'Brookdale/Whiting Street Improvements/Sidewalk Project") (the "PrQject"). 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. 024996 passed on September 9, 2002, the city council scheduled a public hearing on proposed assessments for the Brookdale/Whiting Street hnprovements/Sidewalk Project. The city council directed that hearing notice be published and mailed in accordance with the Assessmen! Process Rules Resolution. Thereafter, notice was published on the following dates: September 23, 2002, September 30, 2002, and October 7, 2002. Written notice was sent via certi fled mail to owners of property abutting the proposed improvemenls, and owners o f affected railways, if any, on October 3, 2002. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRIST1, TEXAS: SECTION 1. During the September 9, 2002 city council meeting, a public hearing was held concerning proposed assessments for the Brookdale/Whiting Street Improvements/Sidewalk 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 ~vritten 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 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: 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. H:I EG-DIR john ORDINANCE Closc Pub Hrg Brookdale Whiting wpd 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 of: 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 September 9, 2002, the date when the Corpus Christi City Council ordered the Brookdale/Whiting Street Improvements/Sidewalk 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 attomeys' 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 ~9z~_r~dCa~ of C t~rl~'0.~/t .2002 ATTEST: Armando Chapa, City Secretary CITY OF CORPUS CHRISTI Samuel L. Neal, Jr., Mayq~r APPROVED AS TO FORM THE I~ DAY OF ~, 2002 JAMES R. BRAY JR., CITY ATTORNEY By: (_J~hn P. Burl~e:Jr. ~ Assistant City Attorney 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, Samuel L. Nea~.,'l~a~ 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~johnXORDINAN£ E\Closc Pub. 1 Irg. Brookdale }V.l~ir~.',~,0o[- t~ 5 CITY ENGINEER'S STATEMENT BROOKDALE DRIVE STREET IMPROVEMENTS FROM GOLLIHAR ROAD TO SUNNYBROOK WHITING SIDEWALK IIMPROVEMENTS FROM CHURCHILL TO LANIER My name is Angel R. Escobar. I am the City Engineer for the City of Corpus Chdsti 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: · Brookdale Drive from Gollihar Road to Sunnybrook · Whiting from Churchill to Lanier This project consists of construction of 1,250 linear feet of 28-foot back-to-back pavement, sidewalks, driveways, 560 linear feet of storm sewer, 1,190 linear feet of sanitary sewer and 1,560 linear feet of water line together with all appurtenances as shown on the plans and called for in the specifications. Limits of the work will be as follows: · Brookdale Drive from Gollihar Road to Sunnybrook · Whiting from Churchill to Lanier Funds to finance the proposed project are available in the Utilities Commercial Paper 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 December 2002 with completion in May 2003. Angel R. Escobar, P.E. (Date) Director of Engineering Services EXHIBIT "A" GEORGE N PARASKEVAS REALTORS CORPUS CHRISTI, TEXAS 78411 Ausust 20, 2002 PREMLIMINARY ASSESSMENT ROLL -BROOKDALE DRIVE & WHITING DRIVE Brookdale Drive - Gollihar Road to Sunnybrook Road Whiting Drive - Churchill Drive to Lanier Drive My name is George N Paraskevas and I 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 Brookdale Street Improvements and Whiting Sidewalk Improvements. I agree with Mr. JeffBarroso'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 78 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 least to the extent of the assessment stated. Thank you, George N Paraskevas Appraiser OFFICE (361) 992-2S41 FAX (361) 992-2542 geopara @ ccbor, org www.georgeparaskevas.com Preliminary Assessment Roll - Br6okdale Dr. and Whiting Dr.' Brookdale Dr Gollihar Rd. to Sunnybroo,~ Rd Whiting Dr. Churchill Dr. to Lanier Dr, 2002 Item[ Pro[%nr~smceria~nfidon I I ~cr,r~o. II n,,, II Amount /Amount Begin Brookdah Dr Wesl Side From Gollihar Rd to Sunnybrook Rd. Irooklawn 00C fl: NogecondDrive~ay ~ $518 peril: $000 EXHIBIT "B" Preliminary Assessment R611 - Bro~kdale Dr. and Whiting Dr. Revised Au ust 22, 2002 Item Proper7 D~o Fip~o[i Quaa tlt~' Description Rate Amount Amount 1050-0001-{11411 0 00 fl: No Extras ~ $000 er ftz $00C ............................... $1~500.56 Page 2 Preliminary Assessment Rbll - BroOkdale Dr. and Whiting Dr, Curb, Gutter, and Pavemenl - Front CurN Gutter, and Pavement - Side 4 fi Wide Sidewalk - Front 4 Pt Wide Sidex~alk - Side I I Pt Wide Driveway No Second Driveway No Exlras No Extras 2002 Assessment $487 5~ Curb, Gutter, and Pavement - Front Curb. Gulter, and Pavement - Side 4 fl. Wide Side,*alk - Front 4 fl Wide Sidewalk - Side 16 fl. Wide Driveway No Second Driveway No Extras No Extras $633 75 Block I Curb, Gutter, and Pavement - Front Curb, Gutter, and Pavmnent -Sidc 4 fi Wide Sidewalk - Front 4 fl Wide Sidewalk - Side No Dptvcway No Second Dptveway No Extras No Extras Curb, Gutter. and Pavement - Front Curb, Gutter, and Pavement - Side 4 fi Wide Sidewalk - Pront 4 fi Wide Sidewalk - Side 25 fl Wide Driveway No Second Driveway No Extras No Extras Curb. Gutter, and Pavement - Front Curb. Gutter, and Pavement - Side 4 fl Wide Sidewalk Front 4 fi Wide Sidewalk - Side No Driveway No Second Driveway No Extras No Extras Curb, Gutter, and Pavement - Front Curb, Gutter. and Pavement - Side 4 fl Wide Sidewalk - Front 4 ~ Wide Sidewalk - Side I I fi Wide Driveway No Second Driveway No Extras No Extras 4 fl Wide Sidewalk - Front 4 fl Wide Sidewalk - Side 15 fi. Wide Driveway No Second Driveway No Extras $487 51 $243 75 $782 18 Page 3 Preliminary Assessment R~II - Brookdale Dr. and Whiting Dr. 2002 Item Prorerl~ Descfi~iioa Qnanti~ Description Rate Amount Amount ................ $1,690.58 $2,003.48 Page 4 Preliminary Assessment Roll - Bro6kdale Dr. and Whiting Dr. Revised AH 2002 Page 5 Preliminary Assessment Rill - Broorkdale Dr. and Whiting Dr. Revised asr 22, 2002 ItemIP r°?er~l Descri?fi°n Owner Name andI Iquanti~ I Assessment I AssessmentI IAsse ...... t Total Rate } I n~s~sment I ^mount Amount Description I I 39 Diana ~a.eeda 500~ I1. Ctwb. Gutter. and Pavement- Front ~ $9 75 per ~ $48750 .... $1~372.70 Page 6 Preliminary Assessment R~II - Bro0kdale Dr. and Whiting Dr. Revised At 2002 Curb, Gutter, and Pavement - Eronl Culb Gutter, and Pavement - Side 4 ft. Wide Sidewalk Fmnl 4 fi Wide Sidewalk - Side 10 fl Wide Drivewa5 No Second Dfivewa5 No Extras No Extras Curb, Gutter. and Pavement - Front Curb. Gutter, and Pavement Side 4 fl Wide Sidewalk Front 4 ft Wide Sidewalk - Side 10 ft Wide Drlve,~ay No Second Drive~ay No Extras No Extras Curb. Guider, and Pavement - Front Curb Gutter. and Pavemem - Side 4 fl Wide Sidewalk - Fronl 4 fl Wide Sidewalk - Side I0 fl Wide Driveway, No Second Dliveway No Extras No Extras Curb, Gutter, and Pavement - Front Curb Gutter. and Pavement - Side 4 fl Wide Sidewalk - Front 4 fl Wide Sidewalk Side 28 fl Wide Driveway No Second Driveway No Extras No Extras Gollihar Rd. Intersection End Brookdale Dr East Side Begin Whiting Dr South Side From Church/Il Dr to Lan/er Dr. 4 fl Wide Sidewalk - Front 4 fl Wide Sidewalk - Side No Extras No Extras Curb, Gutter, mad Pavement - Front Curb, Gutter, and Pavement - Side 4 fi Wide Sidewalk - Front 4 fl. Wide Sidewalk - Side No Extras No Extras 4 fl Wide Sidewalk Front 4 fl Wide Sidewalk - Side No Extras No Extras $487 51 $694 E $00{ Page 7 Preliminary Assessment R011 - Bro6kdale Dr. and Whiting Dr. Revised Au 22, 2002 I Owner Name and [Assessment[ Assessment I ] Assessmen¢ I I Assessment ] Total Item Pro~ert~ D~criptlo. ~uantR~ D~criptlon Rate Amount Amount ~'orpu~ ('hri~tl ]~X -8415 0 0( ft: No Extras (6 $000 )er fl.: $0 0( $240.00 ...... $240.00 Page 8 Preliminary Assessment Ro'll - Brookdale Dr. and Whiting Dr, Revised Au ust 22, 2002 Item Pro~eri~l D~crir tion Quanli~ Descrirtion Rate Amount Amount 62 r.~atlk fi Rom(ll 232 0z fl~ 4 fi Wide Sidewalk - Front Q $1 O0 per flz $232 0~ 68 lhnmmS Cod~ra. 2522( fi2 4 fi Wide Sidewalk - Front (6 $1 O0 )er fl? $25220 .............. i $252.20 Page 9 Preliminary Assessment Roil - Brookdale Dr. and Whiting Dr. Revised Au ust 22, 2002 Item Pro~er~ Descrytlna Quanti~ Descri?tion Rate ~'.mount Amount $240.00 Page 10 Preliminary Assessment Roll - B. ,dale Dr. and Whiting Dr. Revised Au ust 22, 2002 Item Pro~eri~ Description IAssessment Description I ] Rate il Amoun~ [Amount ,~n~ 9r~sion ~erein whic~ resters t~e Sa~e, Ren~ or use nf the described REAL pBoPERTY because of Race. Cofor, Religion, Sex, HanCiicap, Familial Status o¢ Nst~onal Origin, is ~nval~l and unenforceable under FEDERAL LAW, 3/12/89 ll~{~ TEXAS C~IJlEY OF NUECES Ilhereby cedify that this In$~/lJment was RI. ED in File Number '~luence on the date and at the tfme stamped hereto by rrm, and duly RECORDED, in the Official Public Records of ;~':eces County, Texas w. Ol Page 11 PUBLISHER'S AFFIDAVIT State of Texas } County of Nueces } CITY OF CORPUS CHRISTI Ad # 4319913 PO # Before me, the undersigned, a Notary Public, this day personally came Diana Hinoiosa, 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 23RD, 30TH day(s) of SEPTEMBER, 2002. $1,139.44 FOUR (4 } Time(s) Credit Manager Subscribed and sworn to me on the date of OCTOBER 01, 2002. Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. IMPROVEMENTS 3rookdale/Whiting Street Improvements Project; Hearing Date: October 22, 2002 at 2:o0 p.m.; Place: City Council Chambers, 1st Floor, City Hall, 1201 Leopard Street, Corpus Christi, Texas. I. The Corpus Christi City Council will hold public hearing conceming proposed assessments for street and related improvements to the following streets in Corpus Christi, Nueces County, Texas: Brookdale Street from Gollihar Road to Sunnybrook Street and Whiting Street (sidewalk only) from Churchill to Lanier Street (the Brookdate/ Whiting Street improvements Project) (the "Proiect"). .).Owners of property abutting a proposed improvement, owners of affected railways, if any, and owner representatives may appear and testify at the hearing. LThe proposed improvements will include: A. filling, grading, lowering, paving or repairing the street (Brookdale Street) in a permanent the street (Brookdale Street) to 28 feet back gutters, and sidewalks 4.The street (Brookdale Street) will be sufficient depth for the 6" curb and gutter compacted subgrade C, gsogrJd retsfomement ~. 9" )avement, Type D. sidews[ks, 4 inches thick with ADA '/.The estimated amount per front-foot prof:m~ed to be assessed against owners of property abutting the mprovements and the property on which the earing is to be held is Imbed betsw: (item; lid Prices fof Improvements [Plus Eaglneering Costs] Adjusted per Corpus Christi Code, Section 4~.:21; Maximum Section 49-21): A. 1. Base Bid Item: Brookdale Street 28' Back-of-Curb to Back- of-Curb & Pavement ("B-B"): $29.34 per L.F.; B. Sidewalks: Brookdale Street $2.68 per S.F., ; Whiting Street $2.68 per S.F.,: $1.00 per S.F.; C. Driveways: $5.18 p~r S.F.; $5.18 per S.F; D. gutter and pavement if the property over 250 feet in same ,ach of the assessments Brookdale Street $229,797.00; and Whiting $45,960. 10, The Brookdale/ Whiting Street Improvements Pro act (the"Pro act" includes or wholly by assessments. Other project improvements are to be paid for entirely by the City because either the assessments statute does not apply to the improvements or the city is not making assessments to pay for them, Project cost and preliminary assessment estimates are: A. Anticipateri Total Project Construction Costs: $617,998.20; B. City Portion: $540,312.46; C, Preliminary Total of Assessments: $77,685.74. /s/Armando Chaps City Secretary City of Corpus Christi OF ~ 7.The eetin~eted anlpont H E A R I~ per front-foot Prolapsed CONCERNIN to pa assessod a~alnst P R O P O $ E owners of property abutting he S T R E E T A N D ~mprovements and the R E' L A T E which the IMPROVEMENTS r is to be ba~l is Brookdale/Whiti~ (Item; Street improvements Bid Prices for Project; Hearing Date: A s s e s s a b I e 2:00 p.m.; Place: City l ~E?~_e~er'_ng ~Coets] Floor City Hell 1201 ] t Code, Section ' I 49-21. Maximum Co us Christi, Texas. . · Secton 4g-21). A~' cee~erning prolx~ r uuttsr ]mprove~nts: I and related improvements to the followin streets in Corpus ~hristi, Nu~es County, Texas: Brookdale Street from Gollihar Road to hiting Street only] to Street (the Whiting Street Improvements Project) (the "Project"). 2.Owners of properly abutting a proposed improvement, owners of affected railways, if any, and owner representatives may appear and testify at the hearing. 3.The proposed improvements will include: A. tiffing, grading, lowering, paving or repairing the street (Brookdale Street) in a pem~anent manner; B. wideffi~g the street (Brookdete Street) to 28 feet back of curb to back of C. constructing and realigning curb, , and sidewalki and D. constmctJn ddveways. 4.The street (Brookda~ Street) will be constructed by excavation to a sufficient depth for the fallowing pavemenl s.ections: A. stsn(~rd 6 curb and g~ttsr section; B. 8' compacted subgrade; C. geogrid reinforcement D. timed flexible' base; E. 2.5-inch hot mix asphaltic concrete pavement, Type D. 5. Sidewalk BM Item: Back-oFCurb to $s,t8 )roved will be assessed at the rates specified above· E. Property backing onto a street being improved will be if a~3ess is prohib ted., will be reduced 50%. 8.Under Corpus Christi residenfial, chumh and Improvements: $9.75 school properties as Curb and Gutter per L.F.; B. $1.00 per S.F.; C. Dffi~way~ $5,18 per j S.F,; D. For ~e~a~ttyl eid~ on a et~ ~,~ing I improved, asseeeelent rats~ for ctJrb, g~'tsr, / ~ i d e w a I k improvements will not exceed 50% of the specified in this Section No. 8; E. property is more than property back~g on ~he street being ~mprpved will not be] assessed for curb, I ~afler al3d pewfnent include 4 foot-wide drrveway access is reinforced cortereta allowed. If ddveway sidewalks, 4 inche~ access is a#owed, then thick with ADA the sssessmenf rats compliance, will be 50% of the o~3en~ee PfO~J~ in Sec~N149-~1,~11ro a sidewa~k.~ h~ ~nt of the p,We~, there Finally, if the property is over 2~0 fe~ in d~oth, the assessment rates will be the same as if the property were fronting the street, 9. The estimated total cost of the improvements on each part of the highway to be paid partly or wholly by assessments is: Brookdale Street $229,797.00; and Whiting $45,960. 10. The Brookdale/ Whiting Street Impr. o. vements Project (the project') Indudes improvements which are to be pei~ for pertly or wholly by assessments. Other project improvements are to be paid for entimly by the City because either the assessments statute ~ not apply to the improvements or the city is not making assessments to pay for them. project cost' and preliminary asseSSment estimates are: A. Anticipated Total Project Construction Costs: $617,998.20; S. City Portion: $540,312.46; C. Preliminary Total of Assessments: $77,685.74. /s/Armando Chaps City Secretary City of Corpus Christi PUBLISHER'S AFFIDAVIT State of Texas } County of Nueces } CITY OF CORPUS CHRISTI Ad # 4320125 PO # Brooks, Nueces, Refugio, San Patricio, Victoria and Webb Counties, and that publication of, NOTICE OF PUBLIC HEARING CONCERNING which Before me, the undersigned, a Notary Public, this day personally came Diana Hinoiosa, 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, Duval, Jim Hogg, dim Wells, Karnes, Kenedy, Kleberg, Live Oak, the 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 OCTOBER, 2002. $571.72 on the 7TH TWO (2) Time(s) __ day(s) of Credit Manager Subscribed and sworn to me on the date of OCTOBER 08, 2002. Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. OF PUBLIC HEARING CONCERNING PROPOSED ASSESSMENTS FOR RELATE IMPROVEMENTS Street Im~'ovements' PI~ Hearing Date: assss~n~ for ~t c~ ~ ~ improvements will also include 4 foot-wide reinforced concrete skfewalks, 4 thcfles thick with ADA thick re.forced be constructed. 7 The ssllmat~id amount per front- eot proposed to be assessed against I owners of property~ abutting thel improvements and the properly on which the 2002 Asaeslable Impro~ments [Plus Engineering Costs] Adjualelt per Coflxml Chdali/Cede, Section 49-24; Maximum 1. Bame Bid Item: $1.00 per Driveways: $5.18 S.F.; $5;18 will be d at the rates I specified above. E. Property backing onto a street being improved will be assessed at the rates specified above except if access is prohibk~d. In that event, the lites will be reduced 50%. 8.urger Corpus Chdsti Code, Section 49-21, special ' assessment rate~ apply to ce~aln rssi~lenti~l, church, and folfows: A. pavement, Cu~b and Gutter Iml~_emeflts: $9.75 per L.F.; B. Sidewalks: $1.00 per S.F.; C. D~ewa~S: $5.18 per S.F.; D. For property siding on a slreet being improved, assessment rates for cL1rb, gutter, pavement and sidewalk improvements wa not exceed 50% of the respective rates specified in this Section No. 8; Except where the property is mom than 250 feet in depth, becking on the street being improved will not be assessed for curb, gutter and iflavement improvement unless driveway access is allowed. If driveway ac~e~ is allowed, then the 8ssessment rote will be 50% of the residential fronting rate for cu~ gutter pavement, and 50% of the rssidenllal rate for llidewalks, Exceflt as otherwise sidewalk exists in Eont of the property, there will be no sidewalk assessment: end F. Finally, if the proper~y is over 250 foet depth, the essssm'nent rates will be rite same as if the property were total ~oit of the t~provement~ on each pert of the highway to be paid partly o~ wholly by assessments Is: Brookdale Street $229,797.00; and Whitino ~45.960. 10. T~e Brookdele/ Whiting Street Improvements Project (the"Proiect") ncicdes , ~mprovements which are to be paid for partly or . wholly by assessments. Other project improvements are to be paid for entirely by the City because either the assessments etatuts does not apply to the improvements or the city Je not making mem. Project coet end preliminary, asseSsment estimat~ ere: A, Anticipa ed Total Project Construction Costs: / $617,gINL20; B. Cily~ Portion: $540,312.46;I C. Ptalicltt3ary Total of ' Assessments: $77,685.74. /s/Armendo Chaps City Secreta,-y ~Cl~y of Coq3us C hrist_i i