HomeMy WebLinkAbout029461 ORD - 04/24/2012Ordinance closing the public hearing on proposed assessments for
improvements to the following highway in Corpus Christi, Nueces
County, Texas: Flour Bluff Street Improvements: construction of a
sound wall structure on public right of way at the corner of Flour Bluff
Drive and Cornerstone Drive; imposing assessments totaling $23,509.68
against property abutting the improvements; 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.
In its Resolution No. 029452, passed on April 17, 2012, the City Council
determined that it was necessary to improve and ordered the improvement of the
following highway in Corpus Christi, Nueces County, Texas:
Construction of a sound wall structure on public right of way at the corner
of Flour Bluff Drive and Cornerstone Drive in connection with the Flour Bluff
Street Improvements.
In that resolution, the City Council also noted that the improvement was to be
paid for partly by the City and partly by assessment to the abutting property owners.
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 N.o. 029452, passed on April 17, 2012, the City Council scheduled
a public hearing on the proposed assessments for the construction of a sound wall
structure on public right of way at the corner of Flour Bluff Drive and Cornerstone Drive
in connection with the Flour Bluff Street Improvements. The City Council directed that
hearing notice be published and mailed. Thereafter, notice was published on the
following dates: March 27, 2012, April 3, 2012, and April 10, 2012. Written notice was
sent to the owner of property abutting the proposed improvements on April 24, 2012.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CORPUS CHRISTI, TEXAS:
SECTION 1. During the April 24, 2012 City Council meeting, a public hearing
was held concerning proposed assessments for the Construction of a sound wall
structure on public right of way at the corner of Flour Bluff Drive and Cornerstone
Drive in connection with the Flour Bluff Street Improvements. The City Council
considered:
A. written testimony by the City's Director of Engineering Services and a
City -employed Texas Certified Real Estate Appraiser. A copy of the City
Appraiser's written testimony is attached as Exhibit A;
B. testimony, if any, by owners of property abutting the proposed
029461 INDEED
Page 2 of 5
improvements and their representatives;
C. additional testimony, if any, by the Director of Engineering
Services, other members of city staff, and a City -employed Texas
Certified Real Estate Appraiser; and
D. other testimony and evidence, if any.
After consideration of all testimony and other evidence, the assessment hearing
is closed.
SECTION 2. Proposed assessments for the property abutting the proposed
improvement 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 49-21, and Chapter 313, Texas Transportation Code.
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 improvement.
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.
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.
041712 ORD No 1 Soundwall Assessment closing public hearing blanks filled in
Page 3 of 5
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:
A. 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.
B. 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.
C. 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 April 24, 2012, the
date when the Corpus Christi City Council ordered the improvement: construction of
a sound wall structure on public right of way at the corner of Flour Bluff Drive and
Cornerstone Drive in connection with the Flour Bluff 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 law for sale of property for
041712 ORD No 1 Soundwall Assessment closing public hearing blanks filled in
Page 4 of 5
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.
ATTEST
Armando Chapa
City Secretary
APPROVED as,to form:�`m04-Apr 12
By: l �J t u,\100u,,
Veronica Ocanas
Assistant City Attorney
for City Attorney
CITY OF CORPUS CHRISTI
Joe Ad'arne
Mayor
041712 ORD No 1 Soundwall Assessment closing public hearing - no emergency
Corpus Christi, Texas �1
.9,1441‘ Day of f' i I , 2012
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,
Joe ame
Mayor
Council Members
The above ordinance was passed by the following vote:
Joe Adame
Chris N. Adler
Kelley Allen
Larry Elizondo, Sr.
Priscilla G. Leal
David Loeb
John E. Marez OL,611-44-
Nelda Martinez
Markt Scott °tlf
a134
ay -
029461
NOTICE OF PROPOSED ASSESSMENTS
Sound Wall at Flour Bluff Drive and Cornerstone Drive
Flour Bluff Drive Phase 1 and 2, S.P.I.D. to Don Patricio PR 6498/6499
Construction of Sound Wall -- approximately 275 linear feet (FENCECRETE) at the corner of
Flour Bluff Drive and Cornerstone Drive.
The assessment rate for this improvement is 100% and has been calculated in accordance with the
City's current assessment policy and the estimate submitted by Haas Anderson Construction, Inc.
The assessment rates are as follows:
Item
Price Plus
Engineering Cost (if any)
Assessment
Rates
275 LINEAR FEET (FENCECRETE)
Sound Wall
$30,209.68
$85.49 per L.F.
Actual Cost
to abutting property owner
$85.49 per L. F.
Total Price
Change Order No. 11
$30,209.68
Preliminary Assessment
Amount to be charged to the abutting
property owner
$23,509
$85.49 per L. F
City Share
Cost for minimal attenuation
$6,700.00
Daniel Biles, P. E.,
Interim Director,
Department of Engineering Services
City of Corpus Christi
EXHIBIT A
CITY ENGINEER'S STATEMENT
RE: PRELIMINARY ASSESSMENT ROLL,
Sound Wall at Flour Bluff Drive and Cornerstone Drive
Flour Bluff Drive Phase 1 and 2, S.P.LD. to Don Patricio PR 6498/6499
My name is Daniel Biles. I am the Interim Director of Engineering Services and City
Engineer for the City of Corpus Christi and have served in this capacity for the last 2
months and as Assistant City Engineer for the last 20 months.
I am a Professional Engineer, licensed by the State of Texas since 2008. I have over 20
years of experience in design of construction and estimating the costs thereof.
I am familiar with this project which encompasses:
Sound Wall at Flour Bluff Drive and Cornerstone Drive
Flour Bluff Drive Phase 1 and 2, S.P.I.D. to Don Patricio PR 6498/6499
The project consists of construction of 275 linear feet of FENCECRETE as shown on the
plans and called for in the specifications.
Funds to finance the project are available in the FY 2011 - 2012 Street Improvement
Program.
Prior to this hearing, I had an estimate of project costs prepared, and the costs are true and
accurate. This project is estimated to start in April of 2012 with completion in May,
2012.
Y( -
Daniel Biles, P.E. Date
Interim Director
Department of Engineering Services
City of Corpus Christi
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1'n'A
Re: PRELIMINARY ASSESSMENT ROLL,
Sound Wall at FIour Bluff Drive and Cornerstone Drive
Flour BluffDrive Phase 1 and 2, S.P.I.D. to Don Patricio PR 6498/6499
My name is Eusebio Garza, III and I am a State Certified Residential Real Estate
Appraiser and have been evaluating property and real estate for the City of Corpus
Christi since 1998. 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 sound wall to be constructed at Flour Bluff Drive and
Cornerstone Drive, 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 reviewed the
parcel of land to be assessed. In my opinion this parcel will be specifically
benefited by the improvement to be assessed against it; without regard to the
community benefit.
In addition, it is my opinion that the parcel will be specially enhanced by
the improvement at least to the extent of the assessment stated.
Thank you,
Eusebio Garza, III Date
Manager, Property & Lan Acquisition
Department of Engineering Services
City of Corpus Christi
State of Texas
County of Nueces
PUBLISHER'S AFFIDAVIT
CITY OF CORPUS CHRISTI
Ad # 5992396
PO #
Before me, the undersigned, a Notary Public, this day personally came
GEORGIA LAWSON, who being first duly sworn, according to law, says that she
is LEGAL SALES REPRESENTITIVE , 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, Refugia, San Patricia, Victoria and Webb
Counties, and that the publication of, NOTICE OF PUBLIC which the
annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the
3RD' AND 17TH DAYS OF APRIL, 2012.
LEGAL SALES REPRESENTIVE
0.\ --
On this day of SA S , 20 I certify that the attached document
is a true and an exact copy made by publisher.
Notary Public, State o x'I as
•
4 J' 1 MICHELLE JOYCE CABRERA,
My Commission Expires.:
17 � l March 19, 2018
CALLER -TIMES u April 3, 2612 (( 3El
Leal Notices 1110
NOTICE OF' PUBLIC
HEARING
CONCERNING
PROPOSED AS:
SESSMENTS FOR
STREET AND
RELATED
IMPROVEMENTS:
Flour Bluff Street Im-
provements at:.Cor-
nerstoneDrive and
Flour Bluff Drive;
Hearing Date: April
24, 2012' at 12:00
p.m.; Place: City
Council Chambers,
1st Floor, City Hall,
1201 Leopard Street,
Corpus. Christi, Tex-
as.
1. The Corpus Christi
City Council will hold
a<public hearing con-
cerning proposed 'as-
sessments for street
and .related 'improve-
ments to the follow-
ing streets in Corpus
Christi, Nueces
County, Texas: Flour
Bluff Blu Sreet Improve-
ments (the "Project'').
2.Owners of property
abutting( a prdposed
improvement, owners
of affected raijways, if
any, and owner rep-
resen: may
pear and testify at theap-
hearing
3.Yhe proposedtativesim-
provements will in-
clude a sound wall
E275 linear: feet' of
ENCEGRETE) on
public right of way at
the corner of Flour
Bluff Drive and Cor
nerstonepriva_T
4.The Flour Sluff:
Street Improvements
at Cornerstone Drive
and Flour Bluff Drive
includes Improve-
ments which are to
be paid for partly or
wholly by assess-
ments. The estimat-
ed cost of the project
to install the FENCE -
CRETE Wall is
$30,209.68. The
City's share of this
amount of $6,700.
/s/ Armando Chapa
City Secretary
City of Corpus Christi
State of Texas
County of Nueces
}
}
PUBLISHER'S AFFIDAVIT
CITY OF CORPUS CHRISTI
Ad # 5992396
PO #
Before me, the undersigned, a Notary Public, this day personally came
GEORGIA LAWSON, who being first duly sworn, according to law, says that she
is LEGAL SALES REPRESENTITIVE , 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 which the
annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the
3Ro,AND 17TH DAYS OF APRIL, 2012.
LEGAL SALES REPRESENTIVE
On this Oday
of �.L , 20 a -I certify that the attached document
is a true and an exact copy made by publisher.
4110
Notary Public, State o xas
11 '
1 • MICHELLE JOYCE CABRERA
+�r MY Commission Expires •
��/ March 19, 2016
CALLER TIMES ((: April 17 2012 cc 3E
Legal Notices
NOTICE OF 1)13410
�HEARIf��
CONCERNING
PROPOSED AS
$. SSME4Tssf=oR
STREET AND
FS7I=t k
tMP1 4�YEfJ NTS .'
Flour :Bluff Street !m-
provements 'at Cor,.
nerstone Drive and
Flcur`. Bluff.'pave.;
Hearing pate: April
24 201x2;'at.i12:00
p,m.; Place ...`C.ity
Council Chambers,
1st,Floor City Hall,
1201 Leopard °Street,
Ctirpus Christi, Tex-
as
1 The Corpus Christi
City Council w It hold
a public hearing con-
cerning propnsed:as
sessmenta for. street
and related lm rove-
ments;to the<fotlow-
Ingg streets in Corpus.
Chris:ti, IVifeces
Count Texas: Flour
Bluff $treat Im .rove
ments,(the ProJedr .
2 Owrjers of proPerty
aiiutt€rig a proposed
Impr0Vament, au�rfers'
of affeandcted ra€Iways; ii
arty, owher. re.p-s
reserttatives play ap
peax ai d tsstify'at the
hearing
TtA9=:proposed irrl-
provementsuwlil in
elude: a sottnd; wall.
(275 .Pinder feet of
ENCEC.RETE).an
public right of way at
,the. Cotner of. Flour
Bluff:Drive aria Cor
nerstone .Drive,;..
4,Thei FloerBlu:ff.
Street: l mproverOents :
at .Cornerstone Orly&
and Flour BluffDrive
Includes Improye-
meets:which are to
be paid for partly or..
wholly by assets -
merits. The estimat
ed cost of the project
to Install the FENCE
CRETE Wa"II -.is
$30,209.6'8. The
City's•:share of this
amount of$6;7Q0 .
Is/ Armando Chaps
City Secretary
City of Corpus Christi