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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 FTgxgs1* f► a Al �•�� '44 A•414 p -Y 367 ° �•0 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