HomeMy WebLinkAbout08793 ORD - 03/13/196813.Iw:3/13/68 `
AN ORDINANCE
CLOSING THE HEAW GIVEN TO THE REAL AND TRUE OWNERS
OF PROPERTY ABUTTING UPON EVERHART ROAD, FROM PADRE
ISLAND DRIVE TO HOLLY ROAD AS TO SPECIAL BENEFITS TO
ACCRUE TO SAID PROPERTY AND THE REAL AND TRUE OWNERS
THEREOF BY VIRTUE OF THE IMPROVEMENT OF SAID STREET
WITHIN THE LIMITS DEFINED, AND AS TO ANY ERRORS, AND
INVALIDITIES OR IRREGULARITIES IN ANY OF THE PROCEEDINGS
OR CONTRACT THEREOF, OVERRULING AND DENYING ALL PROTESTS
AND OBJECTIONS OFFERED, EXCEPT THE CHANGES REFLECTED
HEREIN; FINDING AND DETERMINING THAT THE PROPERTY ABUTTING
UPON SAID STREET, WITHIN THE LIMITS DEFINED, WILL BE
SPECIALLY BENEFITTED AND ENHANCED IN VALUE IN EXCESS OF
THE AMOUNT OF THE COST OF SAID IMPROVEMENTS PROPOSED TO
BE AND AS HEREIN ASSESSED AGAINST SAID PROPERTY ABUTTING
UPON A PORTION OF EVERHART ROAD, WITHIN THE LIMITS DE-
FINED, AND LEVYING AN ASSESSMENT FOR THE PAYMENT OF A
PORTION OF THE COST OF IMPROVEMENTS ON SAID STREET, WITH-
IN SAID LIMITS, FIXING A CHARGE AND LIEN AGAINST THE PRO-
PERTY ABUTTING UPON SAID STREET AND THE REAL AND TRUE
OWNERS THEREOF, PROVIDING FOR THE ISSUANCE OF ASSIGNABLE
CERTIFICATES UPON THE COMPLETION AND ACCEPTANCE OF SAID
WORK, THE MANNER AND TIME OF PAYMENT AND PROVIDING THE
MANNER AND METHOD OF COLLECTION OF SAID ASSESSMENTS AND
CERTIFICATES; AND DECLARING AN EMERGENCY.
•
WHEREAS, THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS, BY DULY ENACTED
ORDINANCE PASSED AND APPROVED ON FEBRUARY 14, 1968, DETERMINED THE NECESSITY
FOR, AND ORDERED THE IMPROVEMENT OF A PORTION OF EVERHART ROAD, FROM PADRE
ISLAND DRIVE TO HOLLY ROAD, WITHIN THE LIMITS HEREINAFTER DEFINED, IN THE
MANNER AND ACCORDING TO THE PLANS AND SPECIFICATIONS HERETOFORE APPROVED
AND ADOPTED BY THE CITY COUNCIL BY ORDINANCE DATED FEBRUARY 14, 1968, SAID
PORTION OF SAID STREET TO BE IMPROVED BEING AS FOLLOWS, TO -WIT:
A PORTION OF EVERHART ROAD, FROM PADRE ISLAND DRIVE TO
HOLLY ROAD;
A DULY EXECUTED NOTICE OF SAID ORDINANCE HAVING BEEN FILED IN THE NAME OF
SAID CITY WITH THE COUNTY CLERK OF NUECES COUNTY, TEXAS; AND
WHEREAS, SAID CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS,
AFTER HAVING ADVERTISED FOR AND RECEIVED BIDS ON THE CONSTRUCTION OF SAID
IMPROVEMENTS FOR THE LENGTH OF TIME AND IN THE MANNER AND FORM AS REQUIRED
BY THE CHARTER OF SAID CITY AND THE LAWS OF THE STATE OF TEXAS, AND AFTER
HAVING DULY AND REGULARLY MADE APPROPRIATION OF FUNDS AVAILABLE FOR SUCH
PURPOSE TO COVER THE ESTIMATED COST OF SAID IMPROVEMENTS TO SAID CITY, ALL
AS PROVIDED BY THE CORPUS CHRISTI CITY CHARTER AND BY LAW; AND
8!9A.7"
WHEREAS, THE SAID CITY COUNCIL HAS CAUSED THE DIRECTOR OF PUBLIC
WORKS TO PREPARE AND FILE ESTIMATES OF THE COST OF SUCH IMPROVEMENTS AND
ESTIMATES OF THE AMOUNT PER FRONT FOOT PROPOSED TO BE ASSESSED AGAINST THE
PROPERTY ABUTTING UPON A PORTION OF EVERHART ROAD, WITHIN THE LIMITS HEREIN
DEFINED, TO BE IMPROVED AND THE REAL AND TRUE OWNERS THEREOF, AND SAID
DIRECTOR OF PUBLIC WORKS HAS HERETOFORE FILED SAID ESTIMATES AND A STATE-
MENT OF OTHER MATTERS RELATING THERETO WITH SAID CITY COUNCIL, AND SAME HAS
BEEN RECEIVED EXAMINED AND APPROVED BY SAID CITY COUNCIL; AND
WHEREAS, SAID CITY COUNCIL, BY DULY ENACTED ORDINANCE DATED
FEBRUARY 14, 1968, DID DETERMINE THE NECESSITY OF LEVYING AN ASSESSMENT FOR
THAT PORTION OF THE COST OF CONSTRUCTING SAID IMPROVEMENTS ON THE ABOVE
NAMED STREETS, WITHIN THE LIMITS HEREIN DEFINED TO BE PAID BY THE ABUTTING
•
PROPERTY AND THE REAL AND TRUE OWNERS THEREOF AND DID ORDER AND SET A HEAR-
ING TO BE HELD AT 3:00 O'CLOCK P.M. ON MARCH 6, 1968, IN THE COUNCIL CHAMBER
OF THE CITY HALL OF CORPUS CHRISTI, TEXAS, FOR THE REAL AND TRUE OWNERS OF
THE PROPERTY ABUTTING UPON SAID STREET WITHIN THE LIMITS ABOVE DEFINED
AND FOR ALL OTHERS OWNING OR CLAIMING ANY INTEREST IN, OR OTHERWISE INTER-
ESTED IN SAID PROPERTY OR ANY OF SAID MATTERS AS TO THE ASSESSMENTS AND
AMOUNTS TO BE ASSESSED AGAINST EACH PARCEL OF ABUTTING PROPERTY AND THE
REAL AND TRUE OWNER OR OWNERS THEREOF, AND AS TO THE SPECIAL BENEFITS TO
ACCRUE TO SAID ABUTTING PROPERTY BY VIRTUE OF SAID IMPROVEMENTS IF ANY
OR CONCERNING ANY ERRORS INVALIDITY IRREGULARITY OR DEFICIENCY IN ANY PRO-
CEEDINGS, OR CONTRACTS TO APPEAR AND BE HEARD IN PERSON OR BY COUNSEL AND
OFFER EVIDENCE IN REFERENCE TO SAID MATTERS; AND SAID CITY COUNCIL DID BY
SAID ORDINANCE ORDER AND DIRECT THE CITY SECRETARY TO GIVE NOTICE OF SAID
HEARING TO THE REAL AND TRUE OWNERS OF THE PROPERTY ABUTTING UPON SAID
STREETS, WITHIN THE LIMITS DEFINED BY PUBLICATION IN THE CORPUS CHRISTI
TIMESs THE OFFICIAL NEWSPAPER OF THE CITY OF CORPUS CHRISTI A NEWSPAPER
PUBLISHED IN THE CITY OF CORPUS CHRISTI, TEXAS, OF GENERAL CIRCULATION,
SAID NOTICE TO BE PUBLISHED IN SAID NEWSPAPER AT LEAST THREE TIMES PRIOR
TO THE DATE OF SAID HEARING, THE FIRST PUBLICATION OF WHICH TO BE AT LEAST
-2-
TEN (10) DAYS PRIOR THERETO, ALL AS PROVIDED FOR IN ACCORDANCE WITH THE
PROVISIONS OF SAID CITY CHARTER AND OF CHAPTER 106 OF THE ACTS OF THE
FIRST CALLED SESSION OF THE 110TH LEGISLATURE OF THE STATE OF TEXAS, KNOWN
AND SHOWN AS ARTICLE 11058, VERNON'S ANNOTATED CIVIL STATUTES OF TEXAS; AND
WHEREAS, SAID CITY COUNCIL DID FURTHER ORDER AND DIRECT SAID CITY
SECRETARY, IN ADDITION TO SAID PUBLISHED NOTICE AS AFORESAID, WHICH WAS
PROVIDED TO BE VALID AND SUFFICIENT IN ITSELF, TO KEEP ON FILE A COPY OF
SAID DIRECTOR OF PUBLIC WORKS' REPORT, AND INCLUDE THEREIN THE LIST OF
NAMES OF THE APPARENT OWNERS, AND THE DESCRIPTIONS OF SAID ABUTTING PRO-
PERTY AS SET OUT IN SAID DIRECTOR OF PUBLIC WORKS' REPORT; PROVIDED, HOW-
EVER, THAT THE SAID LIST OF APPARENT OWNERS AND PROPERTY DESCRIPTIONS SO
INCLUDED IN SAID NOTICE, SHALL MERELY BE CUMULATIVE OF AND IN ADDITION TO
THE REQUIREMENTS OF SAID NOTICE AS PROVIDED BY THE LAWS OF THE STATE OF
TEXAS, AND THE CHARTER OF THE CITY OF CORPUS CHRISTI, TEXAS, AND SHALL NOT
IN ANY MANNER BE CONCLUSIVE OF THE REAL AND TRUE OWNERS OR OF THE CORRECT
DESCRIPTIONS OF SAID ABUTTING PROPERTY NOR LIMIT SAID NOTICE TO THE PRO-
PERTIES DESCRIBED OR TO SUCH APPARENT OWNERS NAMED THEREIN, BUT SAID NOTICE
SHALL NEVERTHELESS BE DIRECTED TO THE REAL AND TRUE OWNERS OF SAID ABUTTING
PROPERTY, WHETHER NAMED OR CORRECTLY NAMED THEREIN OR NOT, AND TO ALL OTHERS
CLAIMING, OWNING OR INTERESTED IN ANY MANNER IN ANY OF SAID ABUTTING PROPERTY
ON SAID STREETS WITHIN THE LIMITS ABOVE DEFINED; AND
WHEREAS, SAID NOTICE AS ORDERED AND DIRECTED BY SAID CITY COUNCIL
AND AS REQUIRED BY SAID ACTS AND CHARTER OF SAID CITY AS ABOVE IDENTIFIED,
WAS DULY GIVEN PUBLICATION OF SAME IN THE CORPUS CHRISTI TIMES, A NEWSPAPER
PUBLISHED IN THE CITY OF CORPUS CHRISTI, TEXAS, ON FEBRUARY 24, 1968,
FEBRUARY 29, 1968 AND MARCH 4, 1968, SAID NOTICE SO PUBLISHED BEING DIRECTED
TO THE OWNERS OF PROPERTY ABUTTING UPON THE STREETS HEREINABOVE DESCRIBED;
AND
WHEREAS, AFTER DUE, REGULAR AND PROPER NOTICE THEREOF, ALL AS
PROVIDED BY LAW AND THE CHARTER OF THE CITY OF CORPUS CHRISTI, SAID HEARING,
OF WHICH NOTICE WAS GIVEN, WAS OPENED AND HELD ON MARCH 6, 1968, IN THE
COUNCIL CHAMBER AT CITY HALL IN THE CITY OF CORPUS CHRISTI, TEXAS IN
-3-
• s
Minutes
Regular Council Meeting
March 6, 1968
Page 5
.5'feet wide and 280 feet long in the N. Broadway Addition to the City of Co
Christi, closed, subject to the retention of the existing utility easeme , and
contingent upon t applicant securing the necessary financing t ough the Federal
Housing Administration as s ed in their application.
City Manager Townsend reco ended t the City sell to a Transit
Company at Bucyrus, Ohio, 8 — 1957 C 3 ssenger buses at $2,500 each
without tires, with a one we option for 4 additional es of the same model at
the same cost.
o ' n by Roberts, seconded by Sizemore and passed that the for 'ng sale
be authorized as recommended.
Mayor Blackmon announced the Council would now hold the public hearing
on assessments to abutting property owners on Everhart Road from Padre Island Drive
to Holly Road, scheduled for 3 p.m., and that consideration of the City Manager's
Reports and other business appearing on the agenda would be deferred until after
the public hearing.
Mayor Blackmon directed that it be noted that the Council was all present,
and stated that Assistant City Attorney Tom McDowell, would conduct the public
hearing.
Mr. McDowell explained the purpose of the hearing and stated that the Staff
would offer testimony from the City Engineer and evaluation testimony from a real
estate appraiser to substantiate the assessments which appear on the Preliminary
Assessment Roll, and that the hearing was to forma basis on which the Council, act-
ing as a legislative body, would determine or establish the assessments on the abutting
properties.
Mr. James K. Lantos, City Engineer, presented the plans for the street
improvements and the Preliminary Assessment Roll; testified as to his responsibilities
as City Engineer; testified as to the nature, extent and specifications of the proposed
improvements; the cost of construction; the amount of cost to be borne by the City;
Minutes
Regular Council Meeting
March 6, 1968
Page 6
the amount to be assessed against the abutting property owners; the manner in which
such pro rata share was computed; and explained that City funds were provided for
this project by a Bond election; that plans had been prepared by Roy M. Monroe,
consulting engineer, and that the rate of assessment was based on the low bid sub-
mitted.
Mr. Bill Roberts testified as to his background and experience which he felt
qualified him as a real estate appraiser for all types of properties in this City;
testified that he had personally viewed and understood the extent and specifications
of the proposed improvements; that he had personally viewed within the past week
the preliminary assessment roll and each of the properties to be assessed; and that
in his opinion, each of the properties so assessed would be enhanced in value at
least to the extent of the proposed assessments.
Mayor Blackmon gave property owners in the audience an opportunity to
question Mr. Lontos as to specifications of the improvements, and to question Mr.
Roberts as to property values and bases for the assessments.
The following persons or representatives appeared to seek information and to
oppose or approve the assessments on their respective properties:
Item #1 - Mrs. Blanche Moore - Mr. M. A. Compton, representing Mrs.
Moore, stated that the owner feels the property will be enhanced in the amount of the
assessment, but requests that the construction of sidewalks be delayed on the 705 feet
in front of her house at this time.
Item 03 - Della Boyd - Mr. H. B. Boyd, representing Della Boyd, stated that
the owner is requesting that the construction of the driveway on this property be
deleted.
Item 06 $ Item 1�7 - Rayburn Britt - Raymond M. Britt stated that he thought
the assessments to be excessive on both these properties.
Item #II - E. R. Webb - Mr. Webb stated he would prefer to delete the 300
Feet of sidewalks, and that he considered the cost too high for all of the assessments.
Minutes
Regular Council Meeting
March 6, 1968
Page 7
Item 013 - Mr. Edward Fuller inquired as to the location of the sidewalk and
its effect on his fence which is located on or near the property line. Mr. Fuller
was informed that the sidewalks would be located outside the property line.
Item 017 - Mr. Wayne Brock, stated he considered the assessments
excessive .
Item 618 and f19 - Robert E. Lindley stated he felt the cost of the improve-
ments to be too high.
Item 020 - Mrs. Zelono R. Harding stated she felt the cost of the entire
project was too high, basing her opinion on the fact that the area does not warrant
this type of improvement; that there is already adequate drainage, and pointed out
the hazard of the railroad track in the area.
Item X22 - Texaco, Inc. - Mr. J. L. Page stated that he favored the
improvements, but inquired as to plans to construct curbs and gutters on Padre Island
Drive. Mr. Lantos stated that curbs and gutters on Padre Island Drive are not
included in the present plans.
Items 023 and $25 - Turnbull, Simard & Weil - City Manager Townsend stated
a letter had been filed by the owner's attorney, Mr. Willard Shuart, stating that
the owners are not protesting the assessment of the pavement, including curb and
gutter, but insofar as the 750 square feet of sidewalk to be constructed on the
tract zoned for commercial property and the 600 square feet of sidewalk to be con-
strutted on the tract zoned for residential property is concerned, they are request-
ing, at this time, that this assessment on sidewalks be postponed or eliminated, on
the basis that they do not feel the value of the land will be enhanced by sidewalks,
and further stated, that they agree to install the necessary sidewalks when the
property is subdivided and a determination is made of its use.
Item �25A - Mr. Joseph V. Levek questioned the advantage to him of
having sidewalks constructed on his side of the street since they are not being con-
strutted on the opposite side.
Minutes
Regular Council Meeting
March 6, 1968,
Page 8
Item JV27 - Representative of American Home Builders stated they have no
objection to the improvements.
Items 028, 429, and 030 - Mr. John W.Crutchfield submitted an appraisal
made by the Veterans Administration of the subject property, Lot 21, Block 3, which
showed the amount of $22,250, and then a recent revised appraisal to show the
enhancement to this lot by Veterans Administration's estimate to be $22,750, or a
net increase of $500. Mr. Crutchfield stated that the some will apply to Lot 21.
Mr. McDowell requested that the records show that he could not cross
examine the Veteran's Administration's appraisal .
Mr. C. C. Horn, owner of Lots I -A, I -B & I -C, Block 3, Gardendale 02,
stated his property is the same as Mr. Crutchfield's, and asked if the VA appraisal
would apply to his property. He further stated that he paid $900 for his property
and that the cost of the proposed improvements will be three times that much, and
that he estimates it will take two years to pay for the improvements.
Mr. Roberts stated that it was possible that Mr. Horn's improvements are
not comparable to the value of the land.
Mr. Lantos stated that the total contract price for the improvements is
$160,842.70; the total assessments are $62,164.30, and that the total cost of the
City's portion is $98,674.40.
Item X31 - A. A. Lichtenstein - City Manager Townsend stated that a letter
had been filed March 6, 1968, signed by Mr. Lichtenstein, in which he stated he
has no protest as to the paving assessment, but stated that this property is at present
being used for farm land, and requested that the construction of the sidewalks be
waived until the property is developed.
In answer to questions from property owners as to lighting facilities, City
Manager Townsend explained that lighting is governed by a separate budget, and
is not included in the subject project;" but that this will have to be considered in
future budgets.
Minutes
Regular Council Meeting
March 6, 1968
Page 9
Motion by Sizemore, seconded by Roberts and passed, that the hearing be
closed.
THERE BEING NO FURTHEr TESTIMONY OFFERED OR ANY FURTHER PARTIES
APPEARING TO BE HEARD, UPON PROPER MOTION, DULY SECONDED AND UNANIMOUSLY
CARRIED, THE SAID HEARIIJG WAS DECLARED CLOSED; AND -
WHEREAS, NO FURTHER PARTIES APPEARING AND NO FURTHER TESTIMONY
BEING OFFERED AS TO THE SPECIAL BENEFITS IN RELATION TO THE ENHANCED VALUE
OF SAID ABUTTING PROPERTY AS COMPARED TO COST OF THE IMPROVEMENTS OF SAID
PORTION OF SAID STREET PROPOSED TO BE ASSESSED AGAINST SAID PROPERTY, OR
AS TO ANY ERRORS, INVALIDITIES OR IRREGULARITIES, IN THE PROCEEDINGS OR
CONTRACT HERETOFORE HAD IN REFERENCE TO THE PORTIONS OF SAID STREET TO
BE IMPROVED; AND
WHEREAS, SAID CITY COUNCIL HAS HEARD EVIDENCE AS TO THE SPECIAL
BENEFITS AND ENHANCED VALUE TO ACCRUE TO SAID ABUTTING PROPERTY, AND THE
REAL AND TRUE OWNER OR OWNERS THEREOF, AS COMPARED WITH THE COST OF 14AKING
SAID IMPROVEMENTS ON SAID STREETS, WITHIN THE LIMITS ABOVE DEFINED, AND
HAS HEARD ALL PARTIES APPEARING AND OFFERING TESTIMONY, TOGETHER WITH ALL
PROTESTS AND OBJECTIONS RELATIVE TO SUCH MATTERS AND AS TO ANY ERRORS,
INVALIDITES OR IRREGULARITIES IN ANY OF THE PROCEEDINGS AND CONTRACT FOR
SAID IMPROVEMENTS, AND HAS GIVEN A FULL AND FAIR HEARING TO ALL PARTIES
MAKING OR DESIRING TO MAKE A14Y SUCH PROTEST, OBJECTION OR OFFER TESTIMONY
AND HAS FULLY EXA14INED AND CONSIDERED ALL EVIDENCE, MATTERS, OBJECTIONS
AND PROTESTS OFFERED AND BASED UPON SAID EVIDENCE, TESTIMONY AND STATE-
MENTS] SAID CITY COUNCIL FINDS THAT EACH AND EVERY PARCEL OF PROPERTY
ABUTTING UPON THE PORTION OF EVERHART ROAD, WITHIN THE LIMITS TO BE IM-
PROVED, AS HEREIN DEFINED, WILL BE ENHANCED IN VALUE AND SPECIALLY BENEFITTED
BY THE CONSTRUCTION OF SAID IMPROVEMENTS UPON THE SAID STREET UPON WHICH
SAID PROPERTY ABUTS, IN AN AMOUNT IN EXCESS OF THE AMOUNT OF THE COST OF
SAID IMPROVEMENTS PROPOSED TO BE, AND AS HEREINSELOW ASSESSED AGAINST
EACH AND EVERY SAID PARCEL OF ABUTTING PROPERTY, AND THE REAL AND TRUE
OWNERS THEREOF, SAID CITY COUNCIL DID CONSIDER AND CORRECT ALL ERRORS,
INVALIDITIES OR DEFICIENCIES CALLED TO ITS ATTENTION AND DID FIND THAT
ALL PROCEEDINGS AND ODNTRACTS WERE PROPER AND IN ACCORDANCE WITH THE
CHARTER OF SAID CITY AND THE LAWS OF THE STATE OF TEXAS, UNDER WHICH
THOSE PROCEEDINGS WERE BEING HAD, AND THE PROCEEDINGS OF SAID CITY COUNCIL
HERETOFORE HAD WITH REFERENCE TO SUCH IMPROVEMENTS, AND IN ALL RESPECTS
-5-
TO BE VALID AND REGULAR; AND SAID CITY COUNCIL DID FURTHER FIND UPON
SAID EVIDENCE THAT THE ASSESSMENTS HEREINBELOW MADE AND THE CHARGES HEREBY
DECLARED AGAINST SAID ABUTTING PROPERTY ON SAID PORTION OF SAID EVERHART
ROAD, WITHIN THE LIMITS DEFINED, AND THE REAL AND TRUE OWNERS THEREOF,
ARE JUST AND EQUITABLE AND DID ADOPT THE RULE OF APPORTIONMENT SET OUT
BELOW AND THE DIVISION OF THE COST OF SAID IMPROVEMENTS BETWEEN SAID
ABUTTING PROPERTIES, AND THE REAL AND TRUE OWNER OR OWNERS THEREOF, AS
JUST AND EQUITABLE, AND AS PRODUCING SUBSTANTIAL EQUALITY CONSIDERING
THE BENEFITS TO BE RECEIVED AND THE BURDENS IMPOSED THEREBY, AND THAT ALL
OBJECTIONS AND PROTESTS SHOULD BE OVERRULED AND DENIED:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. THAT THERE BEING NO FURTHER PROTEST OR TESTIMONY
FOR OR AGAINST SAID IMPROVEMENTS, SAID HEARING GRANTED TO THE REAL AND
TRUE OWNERS OF ABUTTING PROPERTY ON SAID STREET, WITHIN THE LIMITS ABOVE
DEFINED, AND TO ALL PERSONS, FIRMS, CORPORATIONS AND ESTATES, OWNING
OR CLAIMING SAME OR ANY INTEREST THEREIN, BE AND THE SAME I$ HEREBY CLOSED
AND ALL PROTESTS AND OBJECTIONS, WHETHER SPECIFICALLY MENTIONED OR NOT,
SHALL BE, AND THE SAME ARE HEREBY OVERRULED AND DENIED.
SECTION 2. THAT SAID CITY COUNCIL HEREBY FINDS AND DETERMINES
UPON THE EVIDENCE HEARD IN REFERENCE TO EACH AND EVERY PARCEL OF PROPERTY
ABUTTING UPON EVERHART ROAD, WITHIN THE LIMITS DEFINED, THAT THE SPECIAL
BENEFITS IN THE ENHANCED VALUE TO ACCRUE TO SAID PROPERTY AND THE REAL
AND TRUE OWNER OR OWNERS THEREOF, BY VIRTUE OF THE CONSTRUCTION OF SAID
IMPROVEMENTS TO SAID PORTION OF SAID STREET UPON WHICH SAID PROPERTY
ABUTS, WILL BE IN EXCESS OF THE AMOUNT OF THE COST OF SAID IMPROVEMENTS
AS PROPOSED TO BE, AND AS HEREIN, ASSESSED AGAINST SAID ABUTTING PROPERTY
AND THE REAL AND TRUE OWNERS THEREOF, AND FINDS THAT THE APPORTIONMENT
OF THE COST OF SAID IMPROVEMENTS, AND ALL ASSESSMENTS HEREINBELOW MADE
ARE JUST AND EQUITABLE AND PRODUCE SUBSTANTIAL EQUALITY CONSIDERING THE
BENEFITS RECEIVED AND THE BURDENS IMPOSED THEREBY, AND ARE IN ACCORDANCE
WITH THE LAWS OF THE STATE OF TEXAS,AND THE CHARTER PROVISIONS OF THE CITY
OF CORPUS CHRISTI, TEXAS, AND THAT THE PROCEEDINGS AND CONTRACT HERETOFORE
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HAD WITH REFERENCE TO SAID IMPROVEMENTS ARE IN ALL RESPECTS REGULAR
PROPER AND VALID AND THAT ALL PREREQUISITES TO:THE FI::ING OF THE ASSESS-
MENT LIENS AGAINST SAID A3UTTING PROPERTIES, AS HEREINABOVE DESCRIBED
AND THE PERSONAL LIA3I1I7Y OF THE REAL AND TRUE OWNER OR OWNERS THEREOF
WHETHER NAMED OR CORRECTLY NAKED HEREIN OR NOT, HAVE BEEN IN ALL THINGS
REGULARLY HAD AND PERFORMED IN COMPLIANCE WITH THE LAWS CHARTER PROVISIONS
AND PROCEEDINGS OF THE SAID CITY COUNCIL.
SECTION 3. THAT IN PURSUANCE OF SAID ORDINANCE, DULY ENACTED
BY SAID CITY COUNCILS AUTHORIZING AND ORDERING THE IMPROVEMENTS OF THE
ABOVE DESCRIBED STREET, WITHIN THE LIMITS DEFINED, AND IN PURSUANCE OF
SAID PROCEEDINGS HERETOFO,:E HAD AND ENACTED BY SAID CITY COUNCIL IN
REFERENCE TO SAID IMPROVEMENTS A14D BY VIRTUE OF THE POWERS VESTED IN SAID
CITY WITH RESPECT TO SAID STREET IMPROVEMENTS BY THE LAWS OF THE STATE OF
TEXAS AND THE CHARTER OF SAID CITY, WITH PARTICULAR REFERENCE TO CHAPTER
100 OF THE ACTS OF THE FIRST CALLED SESSION OF THE 40TH LEGISLATURE OF
THE STATE OF TEXAS, KNOt:;H AND SHOWN AS ARTICLE 11076 OF VERNON'S ANNOTATED
CIVIL STATUTES OF TEXAS AS AMENDED, THERE SHALL BED AND IS HEREBY
LEVIED] ASSESSED AND TAXED AGAINST THE RESPECTIVE PARCELS OF PROPERTY
ABUTTING UPON SAID PORTION OF SAID STREET,; AND AGAINST THE REAL AND
TRUE OWNERS THEREOF] WHETHER SUCH REAL AND TRUE OWNER OR OWNERS BE NAMED
OR CORRECTLY NAMED HEREIN OR NOT, THE SEVERAL SUMS OF MONEY HEREINSELOW
MENTIONED AND ITEMIZED OPPOSITE THE DESCRIPTION OF THE RESPECTIVE PARCELS
OF SAID PROPERTYy THE NUMBER OF FRONT FEET OF EACH AND THE SEVERAL AMOUNTS
ASSESSED AGAINST SAME AND THE REAL AND TRUE OWNER OR OWNERS THEREOF, AND
'NAMES OF THE APPARENT OWNERS THEREOF, ALL AS CORRECTED AND ADJUSTED BY
SAID CITY COUNCIL] BEING AS FOLLOWS, TO -WIT:
. -7-
EVERHART ROAD, PADRE ISLAND DRIVE to HOLLY ROAD
This project, number 220- 67 -89, is titled Everhart Road Improvements,
from Padre Island Drive to Holly Road. This project is to be constructed
by excavating to a width and depth to permit the laying of standard 6"
curb and gutter section, and the installation of a pavement, consisting of
6" lime stabilized base, 9" compacted caliche base, a prime coat and 2"
Type "D" asphaltic concrete surface, for a total roadway width of 54' mea-
sured from the face of the curbs. Also to be constructed on this project
are reinforced concrete sidewalks, 5' wide, 4" thick, tied to the curb,
concrete driveways as needed and as required by property owners, and storm
sewers as needed to properly drain the street.
All utilities shall be adjusted where required to properly facilitate
the street construction.
Assessment rates have been determined by using the unit prices taken
from the low bid and applying these prices to the front footage of the
abutting properties as follows:
Property zoned & used R -1 or R -2
Curb, gutter, pavement $ 5.88 p.1.f.
Property zoned or used other than R -1 or R -2
Curb, gutter, pavement $10.38 p.l.f.
Sidewalk $ 0.43 p.s.f.
Driveway $ 0.85 p.s.f.
Total Contract Price $160,842.70
Total Assessments 62J64-300
Total Cost - City's Portion T 9-8,7678.40
•
2,076.00
Sheet-
-
4,145.4o
Everhart Road - Psdre Island Drive o Holly Roed
o.43
1,584.12
0.85
249.32
935.57
5.88
Zoned & Used R -1 or R -2, C.G.
& Pavement
$
97.47
Zoned & Used Other Than R -1 or R -2 p.l.f.$
o.85
Assessment Rate, Sidewalk per
sq. ft.
$
Assessment Pate, Driveway per
sq. ft.
$
NO. I OWNER & PROPERTY DESCRIPTION I QUANTITY
i ASSESSED
1.
2.
3.
4.
5.
6.
MRS. BLANCHE MOORE
Lots 9 thru 16, Sec. 3
107.745 ac out of F.B.
&E.F.&G.T. 200' x 200'
100% assessed
*Zoned other than R -1 or R -2
*Zoned R -1 or R -2
YOUNG -WISE COMPANY
Lots 1, 2 & 3, Block 14
Gardendale No. 3
100% assessed
DELLA BOYD
N 100' of Lots 1 & 2
Block 1, Gardendale #2
ERNEST W. REYNOLDS
All Lot 10 & S 16.67' Lot 9
Block 1, Roper Addition
GUY ALLISON
S 33.33' Lot 9 & N 33.33'
Lot 8, Block 1, Roper Addn.
RAYMOND M. BRITT
s 16.67' Lot 8, All Lot 7
Block 1, Roper Addition
3EGI17NINNG at
DESCRIPTION TOTAL
OF AMOUNT
ASSESSMENT RATE AMOUNT ASSESSED
DRE ISLAND DRIVE
*200
**705.000 0 L.F CCrurb,,ggutttr,ppvtt.
3,684.00 S.F Sidewalk
293.32 S.F Driveway
200.00 L.F Curb,gutter,pvmt.'
720.00 S.F Sidewalk
-0- S.F Driveway
LIAM.S DRIVE 11 TMSECTION
120.00 L.F Curb,gutter,pvmt.
360.00 S.F Sidewalk
88.44 S.F Driveway 10'
66.67 L.F Curb,gutter,pvmt.
226.68 S.F Sidewalk
88.44 S.F Driveway 10'
66.67 L.F Curb,gutter,pvmt.
226.68 S.F Sidewalk
88.44 S.F Driveway 10'
66.67 L.F Curb,gutter,pvmt.
226.68 s.F Sidewalk
88.44 s.F Driveway 10'
10.38
2,076.00
5.88
4,145.4o
o.43
1,584.12
0.85
249.32
935.57
5.88
392.01
8,054.84
5.88 1,176.00
o.43 309.6o
o.85 -0-
m
5.88
705.60
o.43
154.8o
0.85
75.17
935.57
5.88
392.01
o.43
97.47
o.85
75.17
564.65
5.88
392.01
o.43
97.47
0.85
75.17
564.65
5.88
392.01
o.43
97.47
0.85
75.17
5 64. 65
N0.
9.
10.
11.
12.
•• Shcet��. - --
_^ _Ev >> hy.rt. ∨d Pydr.__zs_).atld D _ive i9�Io�- 1�Ro�d
Zc:rcd & Used R -1 or R -2, C.G. & Pavement $
Zoned & Used Other Than R -1 or R -2 p.l.f.$
ssessmcnt Rate, Sidewalk per sq. ft. $
Assessment Pate, Driveway per sq. ft. $
OWI ER & PROPERTY DESCRIPTION
QUANTITY
DESCRIPTION
TOTAL,
fiSSESSED
OF
AMOUNT
ASSESSMENT
RATE
AMOUNT
ASSESSE
RAYBURN BRITT
All Lot 6 & N 16.67' Lot 5
Block 1, Roper Addition
66.67 L.F.
226.68 S.F.
Curb,gutter,pvmt.
Sidewalk
5.88
0.43
392.01
97.47
88.44 S.F.
Driveway 10'
0.85
75.17
564.65
JAMES A. CHANDLER
S 33.33' Lot 5 &V 33.33'
Lot 4, Block 1, Roper Addn.
66.67 L.F.
226.68 S.F.
Curb,gutter,pvmt.
Sidewalk
5.88
o.43
392.01
97.47
88.44 S.F.
Driveway 10'
0.85
75.17
564.65
EZRA CLZOUNS
S 16.67' Lot 4, All Lot 3
66.67 L.F.
Curb,gutter,pvmt.
5.88
392.01
Block 1, Roper Addition
202.68 S.F.
Sidewalk
0.43
x7.15
130.44 S.F.
Driveway 16'
0.85
110.87
590.03
ROBERT BAL ARD
Lots 1 & 2, Block 1
120.00 L.F.
Curb,Vtter,pvmt.
5.88
705.60
Roper Addition
36o.o0 S.F.
Sidewalk
0.43
154.80
88.44 S.F.
Driveway 10'
o.85
75.17
935.57
CU
TIS CLARK DR.
INTERSECTION
E. R. WEBB
Lots A. B. C. & D
Block 8, Gardendale +2
320.00 L.F.
1,160.00 S.F.
Curb,gutter,pvmt.
Sidewalk
5.88
0,43
x.,881.60
4g8.80
88.44 S.F.
Driveway 10'
0.85
75.17
,?+55.57
SMITH & SELF
N 185' Lot 36, Block 8
185.00 L.F.
Curb,gutter,pvrut.
5.88
1,087.80
Gardendale #2
740.00 S.F.
Sidewalk
0.43
318.20
-0-
Driveway
0.85
-0-
,406.00
• Shec +, 3
'?.. T rive LQ Ij 11Rc T --
__!`_
Zoned & Uscd R -i or R -2, C.G. & Pavement
Z=cd & Used Other Than R -1 or R -2 p.l.f.$
_ ^ ^� __ Assessment. Rate, Sidewalk per sq. ft. $
Assoss;rsnt Rate, Driveway per sq. ft. $
sAm
I
-
1.
OWAIER & PROPERTY DESCRIPTION
QUANTITY
DESCRIPTION
TOTAL
ASSESSED
OF
AMOUNT
ASSESSMENT
RATE
AMOUNT
ASSESSM
;.
EDWARD FULLER
S 115' of Lot 36, Block 8
Gardendale #2
135.00 L.F.
460.00 S.F.
Curb,gutter,pvmt.
Sidewalk
5.88
o.43
793.80
197.80
-0-
Driveway
0.85
-0-
991.60
BC
NNER DRIVE INr
ERSECTION
C. C. HORN
Lots 1 -A, 1 -B & 1 -C
Block 3, Gardendale #2
217.00 L.F.
708.00 S.F.
Curb,gutter,pvmt.
Sidewalk
5.88
0.43
1,275.96
304.44-
176.88 S.F.
Driveways 2 -101
0.85
150.34
,730.74
E. R. WEBB
S/W 103' Lot 1, Block 3
Gardendale #1
103.00 L.F.
372.00 S.F.
Curb,gutter,pvmt.
Sidewalk
5.88
0.43
605.64
159.96
88.44 S.F.
Driveway 10'
o.85
75.17
840.77
ISMAEL GUERRA
Lots 20 -B & 20 -C, Block 3
Gardendale #1
150.00 L.F.
520.00 S.F.
Curb,gutter,pvmt.
Sidewalk
5.88
0.43
882.00
223•6o
176.88 S.F.
Driveways 2 -10'
0.85
150.34
,255.94
WAYNE BROCK
Lot 20 -A, Block 3
Gerdendale #1
170.00 L.F.
520.00 S.F.
Curb,gutter,pvmt.
Sidewalk
5.88
0.43
999.60
223.60
158.4+ S.F.
Driveway 20'
o.85
134.67
,357.87
CAIN DRIVE INTERSECTION
ROBERT E. LINDLEY
Lot 1, Block 7, Gardendale #1
320.00 L.F.
Curb,gutter,pvmt.
5.88
1,881.60
1,144.00 S.F.
Sidewalk
0.43
491.92
116.44 S.F.
Driveway 14,
0.85
98.97
,472.49
' Sheet 4
� --
Sor.ad & Used R -1 or P,-2, C.G. & Pavement
r na3 & Used Other Than R -1 or R -2 p.l.f.$
sacs^ -nt Rate, Side�alk rcr sq. ft.
Asscssmo :t Rate, Lrive':?ay per sq. ft.
N0.
OWNER & PROPERTY DESCRIPTION
QUA+TsTY
DESCRIPTION
TOTAL
ASSESSED
Or
AMOUNT
ASSESSMENT
RATE
AMOUNT
ASSESSEI
19.
MRS, R. E. LINDLEY
N 100' of Lot 20, 20 -A
Block 7, Gardendale #1
100.00 L.F.
360.00 S.F.
Curb,gutter,pvnit.
Sidewalk
5.88
0.43
588.00
154.80
88.44 S.F.
Driveway lo'
0.85
75.17
817.97
20.
ZELONA R. HARDING
Lot 20 -B, Block 7
Gardendale #1
140.00 L.F.
520.00 S.F.
Curb,gutter,pvmt.
Sidewalk
5.88
0.43
823.20
223.60
88.44 S.F.
Driveway 10'
0.85
75.17
30.00 L.F.
Pavement only
3.44
103.20
HOLLY ROAD IN IERSECTION
1,225.17
21.
END EAST SIDE
EVERHART ROAD
EVERIART
ROAD, BEGINNING
AT PADRE ISIM
DRIVE
WEST
SIDE
22.
TEXACO, INC.
200' x 200' out of Levek Tr.
"A ". Zoned and Used Other
Than R -1 or R -2
200.00 L.F.
650.00 S.F.
526,.88 S.F.
Curb,gutter,pvmt.
Sidewalk
Driveway 2 -35'
10.38
0.43
2,076.00
279.50
'
0.85
447.84
2;803.94
23.
TURNBULL, SIMARD & WEIL
29.15 ac out of Tract 3 & 4
150.00 L.F.
Curb,gutter,pvmt.
10.38
1,557.00
Oso Farm Tracts
750.00 S.F.
Sidewalks
0.43
322.50
Zoned or Used Other Than R -1
-0-
Driveway
0.85
-o-
or R -2
1,879.50
• Shoe� -�_
K erhart Road - Padre Island Drive to Holly Road
Zoned & Used R -1 or R -2, C.G. & Pavement $
Zoned & Used Other Than R -1 or R -2 p.l.f.$
Assessment Rate, Sidewalk per sq. ft. $
Assessment Rate, Driveway per sq. ft. $
ITmi
N0.
OWNER & PROPERTY DESCRIPTION
QUANTITY
DESCRIPTION
TOTAL
ASSESSED
OF
AMOUNT
ASSESSMENT
RATE
AMOUNT
ASSESSE!
24.
HERMAN F. WATERS, JR. et al
2.837 ac out of Lot 3, Oso
772.46 L.F.
3,089.84 S.F.
urb,gutter,pvmt.
Sidewalk
5.88
o.43
4,542.06
1,328.63
Farm Tracts
-0-
Driveway
0.85
-0-
5,870.69
25.
PAUL R. TURNBULL et al
A portion of Lot 4, Oso
Farm Tract 150' x 430'
150.00 L.F,
600.00 S.F.
rb,gutter,pvmt.
idewalk
5.88
0.43
882.00
258.00
-0-
Driveway
0.85
-0-
1,140.00
25-A
JOSEPH V. IMEK
3.22 ac out of the N/E
176.23 L.F,
urb,gutter,pvmt.
5.88
1,036.23
part of Lot 4, Oso Farm
Tracts
648.92 S.F.
116.44 S.F.
Sidewalk
Driveway
0.43
0.85
279.00
98.97
1,414.24
26.
ROY SMITH
2.397 ac out of Lot 4
Oso Farm Tracts
323.70 L.F,
1,142.80 S.F.
urb,gatter,pvmt.
Sidewalk
5.88
0.43
1,903.35
491.40
144.44 S.F.
Driveway 18'
0.85
122.77
2,517.52
CURTIS CLAM
INTERSECTION
27.
AMERICAN HOME BUILDERS
Block 1, Stonegate North
6og.61 L.F.
Curb,gutter,pvmt.
5.88
3,584.50
Subdivision
2,438.44 S.F.
Sidewalk
o.43
1,048.52
-0-
Driveway
0.85
-0-
4,633.02
BONNER DRIVE
INTERSECTION
28.
JOHN W. CRUOHFIEr D
Lots 21 -22, Block 2
220.00 L.F.
Curb,gutter,pvmt.
5.88
1,293.60
Stonegate South Subd.
880.00 S.F.
Sidewalk
0.43
378.40
-0-
Driveway
0.85
-0-
1,672.00
'
COVENTRY DRI7E
INTERSECTION
7
Sheet
Ry rbaz Ro -b3_ =. Page, @lend DI -_ ve to Holly
Road
N0.
OWNER & PROPERTY DESCRIIPTION
QUANTITY
DESCRIPTION
Zoned & Used R -1
or R -2, C.G.
& Pavement $
ASSESSED
Zoned & Used Other Than R -1 or
R -2 p.l.f.$
_
Assessment Rate,
Sidewalk per
sq. ft. $
Assessment Rate,
Driveway per
sq. ft. $
i ^1r�I
N0.
OWNER & PROPERTY DESCRIIPTION
QUANTITY
DESCRIPTION
TOTAL
ASSESSED
OF
AMOUNT
ASSESSMENT
RATE
AMOUNT
ASSESSED
29.
JOHN CRUCHFIELD
Lots 20 -21, Block 3
220.00 L.F.
Curb,gutter,pvmt.
5.88
1,293.60
Stonegate South Subd.
880.00 S.F.
Sidewalk
0.43
378.40
-0-
Driveway
0.85
-0-
1,672.0o
COBBLESTONE
DRIVD INTERSECTION
30.
JOHN W. CRUCHFIELD
Lot 1, Block 1, Stonegate
115.00 L.F.
Curb,gutter,pvmt.
5.88
676.20
South Subd.
460.00 S.F.
Sidewalk
0.43
197.80
-0-
Driveway
0.85
-0-
874.0o
31.
A. A. LICHTENSTEIN
Lot 3, Block "A ", Stonegate
404.99 L.F.
Curb,gutter,pvmt.
10.38
4,203.79
South Subd. #2. Zoned & Used
2,024.95 S.F.
Sidewalk
0.43
870.72
other than R -1 or R -2
-0-
Driveway
0.85
-0-
5,074.51
32.
PHILLIPS PET. COMPANY
Lot 1, Block "A ", Stonegate
163.56 L.F.
Curb,gutter,pvmt.
10.38
1,697.75
South Subd. #2. Zoned Other
467.80 S.F.
Sidewalk
0.43
201.58
than R -1 or R -2
526.88 S.F.
Driveway
0.85
447.84
2,347-17
HOLLY ROAD
iNTERSECTION
33•
U. S. GOVERNMENT
RAILROAD RIGHT OF WAY
*Credit for rail widths
107.80 L.F.
Curb,gutter,pvmt.
10.38
1,118.96
200.00 S.F.
Sidewalk
0.43
86.00
1,2o1,,.96
END EVERHARP
ROAD PROJECT
SECTION 4. BE IT FURTHER ORDAINED THAT IN THE EVENT THE
ACTUAL FRONTAGE OF ANY PROPERTf HEREIN ASSE5SED!SHALL BE FOUND UPON THE
COMPLETION OF SAID IMPROVEMENTS TO BE GREATER OR LESS THAN THE NUMBER OF
FEET HEREINABOVE STATED, THE ASSESSMENTS HEREIN SET AGAINST ANY SUCH
PROPERTY AND AGAIf1ST THE REAL AND TRUE OWNER OR OWNERS THEREOF] SHALL BED
AND THE SAI•lE ARE HEREBY DECLARED TO BE INCREASED OR DECREASED AS THE CASE
MAY BE, IN THE PROPORTION WHICH SAID EXCESS OR DEFICIENCY OR FRONTAGE SHALL
BEAR TO THE WHOLE NUMBER OF FRONT FEET OF PROPERTY ACTUALLY IMPROVED IN
ACCORDANCE WITH THE FRONT FOOT RULE OR RATE OF ASSESSMENT HEREIN ADOPTEOj
IT BEING THE INTENTION THAT EACH PARCEL OF PROPERTY AND THE REAL AND TRUE
OWNER OR OWNERS THEREOF ABUTTING ON THE PORTION OF THE STREETS ABOVE
DESCRIBED WITHIN THE LIMITS DEFINED SHALL PAY FOR SAID IMPROVEMENTS
UNDER THE FRONT FOOT PULE OR PLAN ", WHICH RULE OP. PLAN IS HEREBY FOUND
AND DETERMINED TO BE JUST AND EQUITABLE AND TO PRODUCE A SUBSTANTIAL
EQUALITYj HAVING IN VIEW THE SPECIAL BENEFITS TO BE RECEIVED AND THE
BURDENS IMPOSED THEREBY; AND IT IS FURTHER ORDAINED THAT UPON FINAL
COMPLETION AND ACCEPTANCE OF SAID IMPROVEMENTS ON SAID PORTION OF EVERHART
ROADS ALL CERTIFICATES HEREINAFTER PROVIDED FORS ISSUED TO EVIDENCE SAID
ASSESSMENTS AGAINST SAID PARCELS OF PROPERTY ABUTTING UPON SAID STREET
AND THE REAL AND TRUE OWNER OR OWNERS THEREOF, SHALL BE ISSUED IN ACCORDANCE
WITH' AND SHALL EVIDENCE THE ACTUAL FRONTAGE OF SAID PROPERTY AND THE ACTUAL
COST OF SAID IMPROVEMENTS THE AMOUNT NAMED IN SAID CERTIFICATE IN NO CASE
TO EXCEED THE AMOUNT HEREIN ASSESSED AGAINST SUCH PROPERTY UNLESS SUCH
INCREASE BE CAUSED BY AN EXCESS OF FRONT FOOTAGE OVER THE AMOUNT HEREIN -
ABOVE STATED SUCH ACTUAL COST AND SUCH ACTUAL NUMBER OF FRONT FEET IF
DIFFERENT FROM THE HEREINABOVE SHOWN IN SECTION 3 HEREOF, TO BE DETERMINED
BY THE DIRECTOR OF PUBLIC WORKS UPON COMPLETION OF SAID WORK ON SAID
STREET, AND THE FINDINGS OF THE DIRECTOR OF PUBLIC WORKS SHALL BE FINAL
AND BINDING UPON ALL PARTIES CONCERNED.
SECTION 5. THAT THE SEVERAL SUMS MENTIONED ABOVE IN SECTION
3 HEREOF ASSESSED AGAINST SAID PARCELS OF PROPERTY ABUTTING ON THE POR-
TION OF EVERHART ROAD, WITHIN THE LIMITS DEFINED AND THE REAL AND
TRUE OWNERS THEREOF, WHETHER NAMED OR CORRECTLY NAMED HEREIN OR NOTy
0 - '. . 0
SUBJECT TO THE PROVISIONS OF SECTION 4 HEREOF. TOGETHER WITH INTEREST
THEREON AT THE RATE OF SIX AND ONE -HALF PERCENT (6 -1/2 %) PER ANNUM WITH
REASONABLE ATTORNEYS FEE AND ALL COSTS AND EXPENSES OF COLLECTION, IF
INCURRED, ARE HEREBY DECLARED TO BE MADE A FIRST AND PRIOR LIEN UPON THE
RESPECTIVE PARCELS OF PROPERTY, AGAINST WHICH SAME ARE ASSESSED FROM AND
AFTER THE DATE SAID IMPROVEMENTS WERE ORDERED BY SAID CITY COUNCIL, TO -WIT:
FEBRUARY A, 1968, AND A PERSONAL LIABILITY AND CHARGE AGAINST THE REAL AND
TRUE OWNER OR OWNERS THEREOF, WHETHER OR NOT SUCH OWNER OR OWNERS BE NAMED
OR CORRECTLY NAMED HEREIN, AND THAT SAID LIEN SHALL BE AND CONSTITUTE
THE FIRST AND PRIOR ENFORCEABLE CLAIM AGAINST THE PROPERTY ASSESSED AND
SHALL BE A FIRST AND PARAMOUNT LIEN SUPERIOR TO ALL OTHER LIENS, CLAIMS
OR TITLE, EXCEPT FOR LAWFUL AD VALOREM TAXES; AND THAT THE SAME SO
ASSESSED SHALL BE PAYABLE AS FOLLOWS, TO -WIT: SIXTY (60) EQUAL MONTHLY
INSTALLMENTS, THE FIRST OF WHICH WILL BE PAYABLE ON OR BEFORE TWENTY (20)
DAYS AFTER THE COMPLETION OF SAID IMPROVEMENTS TO THE STREETS UPON WHICH
THE RESPECTIVE PROPERTY ABUTS, AND ACCEPTANCE THEREOF BY THE SAID CITY
COUNCIL, THE REMAINING INSTALLMENTS TO BE DUE AND PAYABLE, RESPECTIVELY,
ONE EACH MONTH BEGINNING SIXTY (60) DAYS AFTER THE DATE OF ACCEPTANCE,
DEFERRED PAYMENTS TO BEAR INTEREST FROM DATE OF SAID ACCEPTANCE AT THE
RATE OF SIX AND ONE -HALF PERCENT (6 -112 %) PER ANNUM, PAYABLE MONTHLY
CONCURRENTLY WITH EACH OF SAID INSTALLMENTS; PAST DUE INSTALLMENTS OF
PRINCIPAL AND INTEREST TO BEAR INTEREST AT THE SAME RATE PER ANNUM UNTIL
PAID; PROVIDED, HOWEVER, THAT ANY OWNER OF SUCH PROPERTY SHALL HAVE THE
RIGHT TO PAY OFF THE ENTIRE AMOUNT OF SUCH ASSESSMENT, OR ANY INSTALLMENT
THEREOF, BEFORE MATURITY, BY PAYING PRINCIPAL AND ACCRUED INTEREST TO DATE
OF SAID PAYMENT; AND PROVIDED, FURTHER, THAT IF DEFAULT SHALL BE MADE IN THE
PAYMENT OF ANY INSTALLMENT OF PRINCIPAL OR INTEREST WHEN DUE, THEN THE
ENTIRE AMOUNT OF SAID ASSESSMENT UPON WHICH SUCH DEFAULT IS MADE, SHALL
AT THE OPTION OF THE CITY OF CORPUS CHRISTI, THEIR SUCCESSORS OR ASSIGNS,
BE, AND BECOME IMMEDIATELY DUE AND PAYABLE AND SHALL BE COLLECTIBLE TOGETHER
WITH REASONABLE ATTORNEY'S FEES AND ALL COSTS AND EXPENSES OF COLLECTION,
IF INCURRED. <
SECTION 6. THAT THE CITY OF CORPUS CHRISTI, TEXAS, SHALL NOT
IN ANY MANNER BE LIABLE FOR THE PAYMENT OF ANY SUMS HEREBY VALIDLY
-9-
ASSESSED AGAINST ANY ABUTTING PROPERTY AND THE REAL AND TRUE OWNER OR
OWNERS THEREOF, BUT THE CITY OF CORPUS CHRISTI SHALL LOOK SOLELY TO SUCH
PROPERTY AND THE REAL AND TRUE OWNER OR OWNERS THEREOF, FOR THE PAYMENT OF
THE SUMS VALIDLY ASSESSED AGAINST SAID RESPECTIVE PARCELS OF PROPERTY
AND IF DEFAULT SHALL BE MADE IN THE PAYMENT OF ANY OF SAID SUMS HEREIN
ASSESSED AGAINST THE SAID PARCELS OF PROPERTY, AND THE REAL AND TRUE
OWNER OR OWNERS THEREOF COLLECTION THEREOF SHALL BE ENFORCED AT THE
OPTION OF THE CITY OF CORPUS CHRISTI EITHER BY SUIT IN ANY COURT HAVING
JURISDICTION OR BY SALE OF THE PROPERTY.ASSESSED AS NEARLY AS POSSIBLE IN
THE MANNER AS MAY BE PROVIDED BY LAW AND CHARTER IN FORCE IN SAID CITY
FOR THE SALE OF PROPERTY FOR THE COLLECTION OF AD VALOREM TAXES.
SECTION 7. THAT FOR THE PURPOSE OF EVIDENCING SAID ASSESS-
MENTS, THE LIENS SECURING SAME AND THE SEVERAL SUMS ASSESSED AGAINST THE
SAID PARCELS OF PROPERTY AND THE REAL AND TRUE OWNER OR OWNERS THEREOF,
AND THE TIME AND TERMS OF PAYMENT, AND TO AID IN THE ENFORCEMENT THEREOF,
ASSIGNABLE CERTIFICATES SHALL BE ISSUED BY THE CITY OF CORPUS CHRISTI,
TEXAS, TO ITSELF UPON THE COMPLETION OF SAID IMPROVEMENTS IN SAID STREET
AND ACCEPTANCE THEREOF BY SAID CITY COUNCIL, WHICH CERTIFICATES SHALL BE
EXECUTED BY THE MAYOR IN THE NAME OF THE CITY ATTESTED BY THE CITY
SECRETARY WITH THE CORPORATE SEAL OF SAID CITY, AND WHICH CERTIFICATES
SHALL DECLARE THE AMOUNTS OF SAID ASSESSMENTS AND THE TIMES AND TERMS
THEREOF, THE RATE OF INTEREST THEREON, THE DATE OF THE COMPLETION AND
ACCEPTANCE OF THE IMPROVEMENTS FOR WHICH THE CERTIFICATE IS ISSUED,
AND SHALL CONTAIN THE NAMES OF THE APPARENT TRUE OWNER OR OWNERS AS
ACCURATELY AS POSSIBLE, AND THE DESCRIPTION OF THE PROPERTY ASSESSED
BY LOT AND BLOCK NUMBER, OR FRONT FOOT THEREOF, OR SUCH OTHER DESCRIP-
TION AS MAY OTHERWISE IDENTIFY THE SAME, AND IF THE SAID PROPERTY SHALL
BE OWNED BY AN ESTATE OR FIRM, THEN TO SO STATE THE FACT SHALL BE SUF-
FICIENT AND NO ERROR OR MISTAKE IN DESCRIBING SUCH PROPERTY OR IN GIVING
THE NAME OF ANY OWNER OR OWNERS OR OTHERWISE, SHALL IN ANYWISE INVALIDATE
OR IMPAIR THE ASSESSMENT LEVIED HEREBY OR THE CERTIFICATE ISSUED IN
EVIDENCE THEREOF.
THAT THE SAID CERTIFICATE SHALL FURTHER PROVIDE SUBSTANTIALLY
THAT IF DEFAULT SHALL BE MADE IN THE PAYMENT OF ANY INSTALLMENT OF PRIN-
CIPAL OR INTEREST WHEN DUE THEN AT THE OPTION OF THE CITY OF CORPUS CHRISTI
-10-
THE WHOLE OF SAID ASSESSMENT EVIDENCED THEREBY SHALL AT ONCE BECOME DUE
AND PAYABLE, AND SHALL BE COLLECTIBLE WITH REASONABLE ATTORNEYS FEES
AND ALL EXPENSES AND COSTS OF COLLECTION, IF INCURRED, AND SAID CERTIFICATE
SHALL SET FORTH AND EVIDENCE THE PERSONAL LIABILITY OF THE REAL AND TRUE
OWNER OR OWNERS OF SUCH PROPERTYO WHETHER NAMED OR CORRECTLY NAMED THEREIN
OR NOT, AND THE LIEN UPON SUCH PROPERTY, AND THAT SAID LIEN IS FIRST AND
PARAMOUNT THEREON, SUPERIOR TO ALL OTHER LIENS, TITLES AND CHARGES, EXCEPT
FOR LAWFUL AD VALOREM TAXES, FROM AND.AFTER THE DATE SAID IMPROVEMENTS WERE
ORDERED BY SAID CITY COUNCIL, TO -WIT: FEBRUARY A, 1968, AND SHALL PROVIDE
IN EFFECT THAT IF DEFAULT SHALL BE MADE IN THE PAYMENT THEREOF, THE SAME
MAY BE ENFORCED, AT THE OPTION OF THE CITY OF CORPUS CHRISTI, OR THEIR
SUCCESSORS AND ASSIGNS, BY THE SALE OF THE PROPERTY THEREIN DESCRIBED IN
THE MANNER PROVIDED FOR THE COLLECTION OF AD VALOREM TAXES AS ABOVE
RECITED, OR BY SUIT IN ANY COURT HAVING JURISDICTION.
THAT SAID CERTIFICATES SHALL FURTHER RECITE IN EFFECT THAT ALL
THE PROCEEDINGS WITH REFERENCE TO MAKING SAID IMPROVEMENTS HAVE BEEN
REGULARLY HAD IN COMPLIANCE WITH THE LAW AND CHARTER IN FORCE IN SAID CITY
AND THE PROCEEDINGS OF SAID CITY COUNCIL OF SAID CITY, AND THAT ALL PRE-
REQUISITES TO THE FIXING OF THE ASSESSMENT LIEN AGAINST THE PROPERTY THEREIN
DESCRIBED, OR ATTEMPTED TO BE DESCRIBED, AND THE PERSONAL LIABILITY OF THE
REAL AND TRUE OWNER OR OWNERS THEREOF, EVIDENCED BY SUCH CERTIFICATES,
HAVE BEEN REGULARLY DONE AND PERFORMED, WHICH RECITALS SHALL BE EVIDENCE
OF ALL THE MATTERS AND FACTS SO RECITED AND NO FURTHER PROOF THEREOF SHALLBE
REQUIRED IN ANY COURT.
THAT SAID CERTIFICATES SHALL FURTHER PROVIDE IN EFFECT THAT THE
CITY OF CORPUS CHRISTI, TEXAS, SHALL EXERCISE ALL OF ITS LAWFUL POWERS, AS
THE HOLDER OF SAID CERTIFICATE, TO AID IN THE ENFORCEMENT AND COLLECTION
THEREOF, AND SAID CERTIFICATES MAY CONTAIN OTHER AND FURTHER RECITALS,
PERTINENT AND APPROPRIATE THERETO. IT SHALL NOT BE NECESSARY THAT SAID
CERTIFICATES SHALL BE IN THE EXACT FORM AS ABOVE SET FORTH, BUT THE
SUBSTANCE AND EFFECT THEREOF SHALL SUFFICE.
SECTION 8. THAT ALL SUCH ASSESSMENTS LEVIED ARE A PERSONAL
LIABILITY AND CHARGE AGAINST THE REAL AND TRUE OWNER OR OWNERS OF THE
mm
PROPERTY DESCRIBED OR ATTEMPTED TO BE DESCRIBED NOTWITHSTANDING SUCH OWNER
OR OWNERS MAY NOT BE NAMED OR CORRECTLY NAMED AND ANY IRREGULARITY IN THE
NAME OF THE PROPERTY OWNER, OR THE DESCRIPTION OF ANY PROPERTY OR THE
AMOUNT OF ANY ASSESSMENTS OR IN ANY OTHER MATTER OR THING SHALL NOT IN
ANYWISE INVALIDATE OR IMPAIR ANY ASSESSMENT LEVIED HEREBY OR ANY CERTIFICATE
ISSUED, AND SUCH MISTAKE, OR ERROR, INVALIDITY OR IRREGULARITY WHETHER IN
SUCH ASSESSMENT OR IN THE CERTIFICATE ISSUED IN EVIDENCE THEREOF, MAY BE, BUT
IT IS NOT REQUIRED TO BED TO BE ENFORCEABLE,CORRECTED AT ANY TIME BY THE
SAID CITY COUNCIL OF THE CITY OF CORPUS CHRISTI TEXAS. FURTHER THAT THE
OMISSION OF SAID IMPROVEMENTS IN FRONT OF ANY PART OR PARCEL OF PROPERTY
ABUTTING UPON THE AFOREMENTIONED STREETS, WHICH IS EXEMPT FROM THE LIEN OF
SAID ASSESSMENT, SHALL IN NO WISE AFFECT OR IMPAIR THE VALIDITY OF ASSESS-
MENTS AGAINST THE OTHER PARCELS OF PROPERTY ABUTTING UPON SAID STREETS;
AND THAT THE TOTAL AMOUNTS ASSESSED AGAINST THE RESPECTIVE PARCELS OF PROP-
ERTY ABUTRNG UPON SAID STRETS, WITHIN THE LIMITS HEREIN DEFINED, AND THE
REAL AND TRUE OWNER OR OWNERS THEREOF ARE THE SAME AS, OR LESS THAN
THE ESTIMATE OF SAID ASSESSMENT PREPARED BY THE DIRECTOR OF PUBLIC WORKS
AND APPROVED AND ADOPTED BY SAID CITY COUNCIL AND ARE IN ACCORDANCE WITH
THE PROCEEDINGS OF SAID CITY COUNCIL RELATIVE TO SAID IMPROVEMENTS AND
ASSESSMENTS THEREFORE AND WITH THE TERMS POWERS AND PROVISIONS OF SAID
CHAPTER 106 OF THE ACTS OF THE FIRST- CALLED SESSION OF THE 40TH LEGIS-
LATURE OF THE STATE OF TEXAS, KNOWN AS ARTICLE 11058 OF VERNON'S ANNOTATED
CIVIL STATUTES OF TEXAS AND THE CHARTER OF THE CITY OF CORPUS CHRISTI, TEXAS
UNDER WHICH TERMS, POWERS AND PROVISIONS SAID PROCEEDINGS, SAID IMPROVEMENTS
AND ASSESSMENTS WERE HAD AND MADE BY SAID CITY COUNCIL.
SECTION 9. THE FACT THAT THE ABOVE DESCRIBED STREET HAS BECOME
AN IMPORTANT THOROUGHFARE AND THE FACT THAT THE PRESENT CONDITION OF SAID
STREET, WITHIN THE LIMITS DEFINED, IS DANGEROUS TO THE HEALTH AND PUBLIC
WELFARE OF THE INHABITANTS THEREOF CREATES A PUBLIC EMERGENCY AND AN
IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE
THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF
ITS INTRODUCTION, AND THAT SUCH ORDINANCE SHALL BE READ AT THREE SEVERAL
MEETINGS OF THE CITY COUNCILS AND THE MAYOR HAVING DECLARED THAT SUCH
EMERGENCY AND NECESSITY EXISTS AND HAVING REQUESTED THAT SUCH CHARTER RULE
-12-
•
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
•
CORPUS CHRISTI, TEXAS ,
./I DAY , l9_ �9 /d"
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING
ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN-
SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL
BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR
RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; 1, THEREFORE,
REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI-
NANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE
CITY COUNCIL.
RESPECTFULLY,
40-R-
THE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDE- BY THE FOLLOWING VOTEC
JACK R. BLACKMON ,�[/
RONNIE SIZEMORE I\
V. A. "DICK" BRADLEY, JR.
P. JIMENEZ, JR., M.D.
GABE LOZANO, SR.
KEN MCDANIEL
W. J. "WRANGLER" ROBERTS
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWI VOTES
JACK R. BLACKMON
RONNIEt SIZEMORE
V. A. "DICK" BRADLEY, JR.
P. JIMENEZ, JR., M.D.
GABE LOZANO, SR.
KEN MCDANIEL
W. J. "WRANGLER" ROBERTS