HomeMy WebLinkAbout08996 ORD - 08/21/19688 -21 -68
i
AN ORDINANCE
CLOSING THE PUBLIC HEARING ON IMPROVEMENTS OF UP RIVER
ROAD, FROM LEOPARD STREET TO I. H. 37, AND FINDING AND
DETERMINING THAT PROPERTY ABUTTING SAID STREET WILL BE
SPECIFICALLY BENEFITTED AND ENHANCED IN VALUE IN EXCESS
OF COST OF IMPROVEMENTS, AND LEVYING AN ASSESSMENT FOR
PAYMENT; FIXING A CHARGE AND LIEN; PROVIDING THE MANNER
AND TIME OF PAYMENT AND COLLECTION; AND DECLARING AN
EMERGENCY.
WHEREAS, THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS, BY DULY
+ ENACTED ORDINANCE PASSED AND APPROVED ON JULY 3, 1968,DETERMINED THE NECES-
SITY FOR, AND ORDERED THE IMPROVEMENT OF UPRIVER ROAD, FROM LEOPARD STREET
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TO I. H. 371 IN THE MANNER AND ACCORDING TO THE PLANS AND SPECIFICATIONS
HERETOFORE APPROVED AND ADOPTED BY THE CITY COUNCIL BY ORDINANCE DATED
JULY 3, 1968; 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, DID AWARD A CON-
TRACT FOR THE CONSTRUCTION OF SAID IMPROVEMENTS TO FOWCO CONSTRUCTION CO. ON
THEIR LOWEST AND MOST ADVANTAGEOUS BID AND SAID CONTRACT HAS BEEN HERETOFORE
DULY EXECUTED BY SAID CITY OF CORPUS CHRISTI•AND FOWCO CONSTRUCTION CO. AND 'y
IS DATED AUGUST 21, 1968, AND THE PERFORMANCE BOND REQUIRED BY SAID CONTRACT
•
HAS BEEN PROPERLY FURNISHED BY SAID FOWCO CONSTRUCTION CO. AND ACCEPTED BY
THE SAID CITY AS TO FORM AND AMOUNT AS REQUIRED BY THE CHARTER OF SAID CITY
AND THE LAWS OF THE STATE OF TEXAS; AND
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 UPRIVER ROAD, WITHIN THE LIMITS HEREIN
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8996
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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
.JULY 3, 1968, DID DETERMINE THE NECESSITY OF LEVYING AN ASSESSMENT FOR THAT
PORTION OF THE COST OF CONSTRUCTING SAID IMPROVEMENTS ON THE ABOVE NAMED
STREET, WITHIN THE LIMITS HEREIN DEFINED, TO BE PAID BY THE ABUTTING PROPERTY
AND THE REAL AND TRUE OWNERS THEREOF, AND DID ORDER AND SET HEARING TO BE
HELD AT 3:00 O'CLOCK P.M. ON AUGUST 14, 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 INTERESTED 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
ERROR, INVALIDITY, IRREGULARITY OR DEFICIENCY IN ANY PROCEEDINGS, OR CONTRACT,
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 STREET, WITHIN THE LIMITS DEFINED, BY
PUBLICATION IN THE CORPUS CHRISTI TIMES, 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 IS TO BE AT LEAST TEN (10) DAYS PRIOR THERETO, ALL AS PROVIDED FOR
IN ACCORDANCE WITH THE PROVISIONS OF SAID CITY CHARTER AND OF CHAPTER 106 OF
THE FIRST CALLED SESSION OF THE BOTH 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
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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 PROPERTY AS
SET OUT IN SAID DIRECTOR OF PUBLIC WORKS' REPORT, PROVIDED, HOWEVER, 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 REQUIREMENT
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 CON-
CLUSIVE OF THE REAL AND TRUE OWNERS OR OF THE CORRECT DESCRIPTIONS OF SAID
ABUTTING PROPERTY NOR LIMIT SAID NOTICE TO THE PROPERTIES 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 STREET
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 JULY 29, 19681 AUGUST 5,
1968, AND AUGUST 12, 1968, SAID NOTICE SO PUBLISHED BEING DIRECTED TO THE
OWNERS OF PROPERTY ABUTTING UPON THE STREET 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 AUGUST 14, 1968, IN THE
COUNCIL CHAMBER AT CITY HALL IN THE CITY OF CORPUS CHRISTI, TEXAS, IN
ACCORDANCE WITH SAID ORDINANCE AND NOTICE, AT WHICH TIME AN OPPORTUNITY WAS
GIVEN TO ALL SAID ABOVE MENTIONED PERSONS, FIRMS, CORPORATIONS AND ESTATES,
THEIR AGENTS AND ATTORNEYS, TO BE HEARD AND TO OFFER EVIDENCE AS TO ALL
MATTERS IN ACCORDANCE WITH SAID ORDINANCE AND NOTICE, AT WHICH TIME THE
FOLLOWING APPEARED AND OFFERED THE FOLLOWING TESTIMONY:
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Minutes Re
Regular Council Meeting
August 14, 1968
Page 14
Mayor Blackmon reconvened the meeting, directed that it be noted that a quorum was
present, and announced the Council would now hold the public hearing for the proposed streetlmprove-
ments on UpRiver Road, Leopard to I.H. 37, explained that each member of the Council had been
presented with a Preliminary Assessment Roll; and stated that Mr. Tom McDowell, Assistant City .'
Attorney, would conduct the public hearing.
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Mr. McDowell explained the purpose of the public hearing and stated the Staff would
offer testimony from the City Engineer and evaluation testimony from a real estate appraiser to sub-
stantiate the assessments which appear on the Preliminary Assessment Roll, and that the hearing was to
form a basis on which the Council, acting 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;
testified as to the nature, extent and specifications of the proposed improvements; stated the total cost
of the construction was $125,118.17; the property owner's assessment is $43,351 .46; that the City's
portion is $81,766.71; and explained the manner in which such pro rata share was computed.
Property owners in the audience were given the opportunity to question Mr. Lantos
as to the construction aspects of the project, at which time Mr. Will Fry, Mrs. Frank Longoria,
Steve Valdez, and a ,representative of Statewide Stations, Inc., made inquiries as to their specific
pieces of property as to access, type and width of driveways, drainage facilities, credits allowed for
existing improvements and trees, to which Mr, Lontos explained in detail.
Mr. McDowell called Mr. Harold Carr to testify as the City's expert witness, and
asked permission for his statement of qualifications be dispensed with as Mr. Carr has appeared in
l this capacity on numerous other occasions and the Council is familiar with his qualifications as a
real estate appraiser. Mr. Carr 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 stated that in his opinion,
each of the properties so assessed would be enhanced in value at least to the extent of the proposed
assessments, with the following exceptions, for which he recommended that adjustments be made as
follows:
,
,
Minutes
Regular Council Meeting
August 14, 1968
Page 15
Item #1, First Presbyterian Church ( Woodlawn Presbyterian Church) - Mr. Carr stated
there is a legal question involved as to ownership of a strip of land in front of the church property which
is being used for off - streat head -in parking by the church and that his estimate of enhancement would be
two -fold; that if it is determined that the church does not own the property, then, in his opinion, the
improvements would enhance the value to the amount of the assessment, and if it is owned by the church,
then there is some question as to the amount the improvements would enhance the value of the property,
as the proposed plans would permit the continued use of the 20' strip, but stated that either way the
property would be benefitted by the improvements.
Mr. Bob Wolter:, attorney representing the Woodlawn Presbyterian Church,stated he did
not agree that the improvements would be an enhancement to the amount of the assessment, and that it
is not clear to him as to how the ownership of the land in question affects the amount of the assessment
He stated he was not in agreement with the plans relative to the placing of curbs and gutters, and
proposed parallel parking as an alternate proposal; stated it is not practical for the elderly members of
the church to park across the street as there is no push- button traffic signal at that intersection.
Mr. Lontos stated he had discussed the parking problem with Mr. WpIte'r and that
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further discussions will be held with the intent of working out a solution acceptable to both the City
and the Church.
Item #11, Church of Jesus Christ of the Latter Day Saints - Mr. Carr stated some adjust-
ment should be made for the loss of hackberry trees now located in front of this property, stating that
this portion of the street is distinctive for the beautiful trees.
Item #12 , Mrs. Frances Martinez - Mr. Carr stated the sidewalk of the new improve-
ments would destroy three hackberry trees; that Mrs. Martinez had agreed to give five feet of land
for re- alighment of the sidewalk in order to preserve the trees, but stated that since the trees are
located on the easement, he would have to say the property would be enhanced to the amount of the
assessment, and that this opinion would also apply to Item #11 relative to the Church of Jesus Christ
of Latter Day Saints.
Minutes
Regular Council Meeting
August 14, 1968
Page 16
Item 025 , Mrs. Mary Andrews Randall - Mr, Carr explained that the existing curbs
and gutters are in good condition, and since the assessment is only on curbs, gutters, sidewalk, and
driveway, in his opinion, there would be no benefit to this particular piece of property by virtue of
the proposed improvements.
Item 026 , James A, Creighton - Mr. Carr explained that there are existing gutters
and header type curbs which are adequate, and that there is a question as to the amount of benefit
or enhancement to the property by virtue of the proposed improvements,
Item 038, Robert H. Davis - Mr, Carr stated that this property is presently zoned "AB"
which was the basis for the amount of the assessment, but in the event it should be zoned "R -18" (by
pending application to down - zone), then in his opinion, the assessment should be reduced approximately
one -third or $400.00 of the amount shown on the assessment roll,
Mayor Blackmon stated he would call the names of the property owners as they are
listed on the assessment roll and invited each property owner to state his approval or objection to any
of the proposed improvements or assessments to his property, The following persons appeared:
Item 04, Will E. Fry - Mr. Fry stated he had no objections to the proposed improvements.
Item 020, -Tommy 1,. Robison - Mrs. Robison appeared and stated she hag good sidewalks
and driveway, and could not understand why she is being Assessed for these improvements. Mr. Lantos
explained that the existing sidewalk is only three feet wide which she is being given credit for, but
that the new sidewalk will be four feet wide and that she is being assessed for the extra width.
Item 021, Steve M. Valdez - Mr. Valdez stated he has good sidewalks and driveway,
and understands that he is being given credit for the extra width, but complained that the pavement on
this street has been severely damaged by heavy truck traffic.
Item 033, L, E. Berry - Mr. David Smith spoke on behalf of the L. E. Berry property,
and stated he felt the 100 percent assessment was excessive and that the creditibeing given for existing
curbs and gutters was not satisfactory.
Item 034, L. K, Sherrill - Mrs. Sherrill stated she heartily approved the proposed
improvements, but was concerned as to who would bear the expense of moving her fence. Mr, Lantos
advised Mrs. Sherrill that the fence would not be moved as it was on her property.
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Minutes
Regular Council Meeting
August 14, 1968
Page 17
Item #36, Frank and Ida Longoria - Mr. Longoria stated that he now has a 10 -foot
driveway; that the assessment roll shows a fifteen -foot driveway, and that he would like to have it
increased to 20 Feet. He stated he had no objections to the proposed improvements.
Item 041, Vergie R. Norman - Mrs. Norman stated she has no objections to the proposed
street improvements nor the assessment, but expressed concern over the loss of the palm tree; located
just outside the fence on the property line.
No one else appeared to be heard in connection with the foregoing proposed street
improvements
Motion by Lozano, seconded by Bradley and passed, that the hearing be recessed for
one week, and that the matters relative to adjustment in assessments and other requests wi II be taken
under advisement.
There being no further business to come before the Council, the meeting was adjourned.
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THERE BEING NO FURTHER TESTIMONY OFFERED OR ANY FURTHER PARTIES
APPEARING TO BE HEARD, UPON PROPER MOTION, DULY SECONDED AND UNANIMOUSLY
CARRIED, THE SAID HEARING 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 MAKING
SAID IMPROVEMENTS ON SAID STREET, WITHIN THE LIMITS ABOVE DEFINED, AND HAS
HEARD ALL PARTIES APPEARING AND OFFERING TESTIMONY, TOGETHER WITH ALL PRO-
TESTS AND OBJECTIONS RELATIVE TO SUCH MATTERS AND AS TO ANY ERRORS, IN-
VALIDITIES 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 ANY SUCH PROTEST, OBJECTCON OR OFFER TESTIMONY
AND HAS FULLY EXAMINED AND CONSIDERED . ALL EVIDENCE, MATTERS, OBJECTIONS
AND PROTESTS OFFERED AND BASED UPON SAID EVIDENCE, TESTIMONY AND STATEMENTS,
SAID CITY COUNCIL FINDS THAT EACH AND EVERY PARCEL OF PROPERTY ABUTTING
UPON THE PORTION OF UP RIVER ROAD, WITHIN THE LIMITS TO BE IMPROVED 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 HEREINBELOW ASSESSED AGAINST EACH AND
EVERY SAID PARCEL OF ABUTTING PROPERTY, AND THE REAL AND TRUE OWNERS THEREOF,
AND SAID CITY COUNCIL DID CONSIDER AND CORRECT ALL ERRORS, INVALIDITIES OR
DEFICIENCIES CALLED TO ITS ATTENTION AND DID FIND THAT ALL PROCEEDINGS
AND CONTRACTS 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 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 AGAINSTSAID ABUTTING
PROPERTY ON SAID PORTION OF SAID UP RIVER ROAD, WITHIN THE LIMITS DEFINED,
AND THE REAL AND TRUE OWNER OR 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
EXCEPT THE CORRECTIONS AND CHANGES AS APPEAR ON THE FINAL ASSESSMENT ROLL
INCLUDED IN THIS ORDINANCE.
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 IS HEREBY CLOSED AND ALL PRO-
TESTS 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 OR PROPERTY
ABUTTING UPON UP RIVER ROAD, WITHIN THE LIMITS DEFINED, THAT THE
SPECIAL BENEFITS IN THE ENHANCED VALUE TO ACCRUETO 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 THAT ALL ASSESSMENTS HEREINBELOW MADE ARE
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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 HAD WITH
REFERENCE TO SAID IMPROVEMENTS ARE IN ALL RESPECTS REGULAR, PROPER AND
VALIDj AND THAT ALL PREREQUISITES TO THE FIXING OF THE ASSESSMENT LIENS
AGAINST SAID ABUTTING PROPERTIES, AS HEREINABOVE DESCRIBED AND THE PERSONAL
LIABILITY OF THE REAL AND TRUE OWNER OR OWNERS THEREOF WHETHER NAMED OR
CORRECTLY NAMED HEREIN OR NOT, HAVE BEEN IN ALL THINGS REGULARLY HAD AND
PERFORMED IN COMPLIANCE WITH THE LAW, CHARTER PROVISIONS AND PROCEEDINGS
OF THE SAID CITY COUNCIL.
SECTION 3. THAT IN PURSUANCE OF SAID ORDINANCES DULY ENACTED BY
SAID CITY COUNCIL, AUTHORIZING AND ORDERING THE IMPROVEMENTS OF THE ABOVE
DESCRIBED STREET, WITHIN THE LIMITS DEFINEDI AND IN PURSUANCE OF SAID
PROCEEDINGS HERETOFORE HAD AND ENACTED BY SAID CITY COUNCIL, IN REFERENCE
TO SAID IMPROVEMENTS AND 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 106 OF THE
ACTS OF THE FIRST CALLED SESSION OF THE 40TH LEGISLATURE OF THE STATE OF
TEXAS KNOWN AND SHOWN AS ARTICLE 11058 OF VERNON'S ANNOTATED CIVIL STATUTES
OF TEXAS, AS AMENDED, THERE SHALL BE, AND IS HEREBY LEVIED, ASSESSED AND
TAXED AGAINST THE RESPECTIVE PARCELS OF PROPERTY ABUTTING UPON SAID PORTION
OF SAID STREETS 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 HEREINBELOW MENTIONED AND ITEMIZED OPPOSITE THE
DESCRIPTION OF THE RESPECTIVE PARCELS OF SAID PROPERTY 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 COUNCILI BEING AS FOLLOWS1 TO -WIT:
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Z-4
Up River Road - Leopard Street to I.H. 37
This project, number 2220- 53 -4.2, calls for the improvement of Up River Road
within the above limits, in the following manner.
The construction will consist generally of excavation of the street to a
width and depth to permit the laying of standard six inch curb and gutter section
and the installation of pavement, consisting of six inch compacted sub - grade, nine
inches of compacted caliche base, a prime coat, and two inches of Type "D" Asphaltic
Concrete surface for a total width of standard 45' measured from the back of curb,
except 54' in a section where pavement exists to this width to provide parallel park-
ing to residents fronting the street.
Also to be constructed on this project: one reinforced concrete sidewalk, five
feet wide, four inches thick where tied to curb and four feet wide, four inches
thick where next to property line, 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 to properly facilitate the construction of
the street.
Assessment rates have been determined by using the unit prices taken from the
low bid and applying these unit prices to the front footage of the abutting property
as follows:
1. Property zoned & used R -1 or R -2; Curb,gutter and pavement $5.88 p.l.f.
2. Church Property; Curb,gutter
and pavement
$5.88
p.l.f.
3. Property zoned
and used R -1 or R -2; Pavement only
$5.17
p.l.f.
4. Property zoned
or used other
than R -1 or R -2
Curb, gutter and pavement
$9.00
p.l.f.
5. Property zoned
or used other
than R -1 or R -2
Pavement only
7.51
p.l.f.
6. All properties
R -1 or R -2 or
other; Curb and gutter only
1.49
p.l.f.
7. Sidewalk
$0.43
p.s.f.
8. Driveway
$0.85
p.s.£.
Total Contract
Price
$125,118.17
Property Owner's
Assessment
4 1.46
City's Portion
T 013, 7(5,,.71
ASSESSMENT ROLL
1
PROJECT: Up River Road, from Leopard to I.H. 37
CONTRACTOR: Fowco Construction Company
ASSESSMENT RATES
Zoned & Used R -1 or R -2 Curb, Gutter & Pavement -p.l.f. _ $
_ Zoned or Used other than R -1 or R -2 C. G. & Pvmt..p.l.f. _ $
Sidewalk r h p.s.f. _ $
Driveway s.f. _ $
ITEM
OWNER & PROPERTY DESCRIPTION
QUANTITY
DESCRIPTION
TOTAL
NO.
ASSESSED
OF
AMOUNT
ASSESSMENT
RATE
AMOUNT
ASSESSEL
B
ginning at Le
pard St. South Side
1.
FIRST PRESBYTERIAN CHURCH
Lots 12 & 13, Block
* 177.00 L.F.
Pavement only
5.17
915.09
woodlawn :_
77.00 L.F.
Curb only
1.49
114.73
Church use; 100% assessed
*Credit for existing imps.
748.00 S.F.
* 276.00 S.F.
Sidewalk
Driveway 10'
0.43
0.85
321.64
234.60
2.
WHITES MONEY ,ORDER INC.
A portion of Lots 14 -15, lying
196.40 L.F.
Curb,gutter,pvmt.
9.00
1,767.60
north of Highway 9; Woodlawn
842.00 S.F.
Sidewalk
0.43
362.06
zoned other than R -1
684.86 S.F.
Driveway 20'
0.85
582.13
or R -2; 100%i assessed
2,711.79
OAK PARK INn
RSECTION
3•
MOORE'S INCORPORATED
Lot B, Saxet Community Center
330.50 L.F.
Curb,gutter,pvmt.
9.00
2,974.50
Zoned B -4; 100°p' assessed
790.74 S.F.
Driveway 2 -26'
0.85
672.12
1 -35'
1, 0110.00 S.F.
Sidewalk
0.43
447.20
,093.$2
4.
WILL E. FRY
Lot A & E, Saxet Community
Center; Zoned B -4; 100%i assesse
254.20 L.F.
656.78 S.F.
Curb,gutter,pvmt.
Driveway 1 -10'
9.00
o.85
2,287.80
558.26
1 -35'; 1 -25'
826.00 S.F.
Sidewalk
0.43
355.18
1
3,201.2
'
a
2
PROJECT: Up River Road, Leopard Street to I.H. 37
CONTRACTOR: Fowco Construction Comnanv
ITEM
NO.
OWNER & PROPERTY DESCRIPTION
QUANTITY
ASSESSED
DESCRIPTION
OF
ASSESSMENT
RATE
AMOITVT
TOTAL
AMOUNT
ASSESSEI
5.
DOROTHY SHEPHERD
Lot F, Saxet Community Center
Zoned B -4; 100% Assessed
106.47 L.F.
427.35 S.F.
Curb,gutter,pvmt.
Sidewalk
9.00
0.43
958.23
183.76
*Return on Villa Drive
-0-
Driveway
0
0
1,1+1.9;3
VI
.LA DRIVE, INTE
ECTIONT
6.
JOHN S. LUBY
Lot O, Block 11, Bancroft Farm
Lots, R -1 B zone; 1000 assessed
*Return on Villa Drive
85.00 L.F.
292.00 S.F.
-0-
Curb,gutter,pvmt.
Sidewalk
Driveway
5.88
0.43
0
_
499.80
125.56
0
25:36
7.
BLANCHE P. McNEILL
123.81 x 2101; Bancroft Farm
Lots; R -1 B Zoned; 100%•assesse
123.81 L.F.
455.24 S.F.
Curb,gutter,pvmt.
Sidewalk
5.88
0.43
728.00
195.75
115.82 S.F.
Driveway 10'
0.85
98.44
,022.19
8,
EU,ENE BEYNON
Lot 11 - 61.06' x 210.15
of E - of 2 acres; R -1B Zoned
100% assessed
•
61.06 L.F.
244.32 S.F.
-0-
Curb,gutter,pvmt.
Sidewalk
Driveway
5.88
0.43
0.85
359.03
105.05
0
.OS
9.
ARTHUR STARR ESTATE
2.59 acres of Lot 11 and west,
part -Lots J & K, Bancroft
Farm Lots; R -1B Zoned
89.86 L.F.
*303-1A S.F.
* 711.82 S.F.
Curb,gutter,pvmt.
Sidewalk -
Driveway 10'
5.88
0.43
0.85
528.37
130.47
63.59
*Credit for existing imps.
_
•
722.43
10.
CLAD R PALMER
.6 acres out of Lot , Block
point tract 11 N, Bancroft
Farm Lots; R -1B Zoned; 100%
139.33 L.F.
525.32 S.F.
-0-
Curb,gutter,pvmt.
Sidewalk
Driveway
5.88
0.1:3
0
819.26
225.88
0
assessed; *Return Werner Lane
1,075-T
PROJECT: Up River Road Improvements from Leonard to I.H. 37
CONTRACTOR: Fowco Congtruc ion Company
ITEM
NO.
OWNER & PROPERTY DESCRIPTION
QUANTITY
ASSESSED
DESCRIPTION
OF
ASSESSMENT
RATE
AMOUNT
TOTAL
AMOK
ASSESSE
WERNER LANE IITERSECTION
CHURCH OF JESUS CHRIST OF THE
11.
LATTER DAY SAINTS
Lot 1 & 2, Fairbairn Addn.
Church Use; 100% assessed
*100.00 L.F.
475.00 S.F.
Curb,gutter,pvmt.
Sidewalk
5.88
0.43
588.00
204.25
*Return on Werner Lane
-0-
Driveway
0
0
792.25
12.
MRS, FRANCES MARTINEZ
Lot 2, Block 0 , Fairbairn Addn
R -1B Zoned; 100, assessed
95.00 L.F.
340.00 S.F.
Curb,gutter,pvmt.
Sidewalk
5.88
0.43
55$•60
146.20
-0-
Driveway
0
0
704.R
13.
J. A. IDSAR
Lot 39, Block 4, Westchester
* 79.52 L.F.
Pavement only
5.17
411.11
Place; R -1B Zoned; 100% assesse
* 66.02 S.F.
Sidewalk
0.43
28.38
*Credit for existing imps.
61.02 S.F.
Driveway 13.5'
0.85
51.86
14.
ORVELIA SYRJANEN
Lot 38, Block 4
* 65.00 L.F.
Pavement only
5.17
336.05
91.35
Westchester Place
* 55.00 S.F.
Sidewalk
0.43
23.65
R -1B Zoned; 100% assessed
* 36.32 S.F.
Driveway 10'
0.85
30.87
•.
*Credit for existing imps.
15.'
J. W. ELLEDGE
Lot 37, Block 4
*65.00 L.F.
Pavement only
5.17
336.05
390.57
Westchester Place
R -1B Zoned; 100b assessed
*55.00 S.F.
*36.32 S.F.
Sidewalk
Driveway 10'
0.43
0.85
23.65
30.87
*Credit for existing imps.
_
7705,
1}
PROJECT: Up River Road, Leopard to I.H. 37
CONTRACTOR: Fcwco Construction Company
ITEM I OWNER & PROPERTY DESCRIPTION I ASSESSED SED I ASSESSMENT I RATE 1,L MOUNT AMOLTFT
16.
17.
18.
19.
m
21.
MANUEL D. EL PRADO
Lot 36, Block 4
Westchester Place
R -1B zoned; 100% assessed
*Credit for existing imps.
ROBERT MONTOYA
Lot 35, Block 4
Westchester Place-
R-IB zoned; 100% assessed
*credit for existing imps.
A. H. AMMAN
Lot 34, Block 4
Westchester Place
R -1B zoned; 100% assessed
*credit for existing imps.
EMERY S. LASSO
Lot 33, Block 4
Westchester Place
R -lB zoned; 100% assessed
*credit for existing imps.
TOMMY L. ROBINSON
Lot 32, Block 4
Westchester Place
R -1B zoned; 100% assessed
*credit for existing imps.
STEVE M. VALDEZ
Lot 31, Block 4
Westchester Place
R -1B zoned; 100% assessed
*credit for existing imps.
*60.00 L.F. Pavement only
*50.00 S.F. Sidewalk
*36.32 S.F. Driveway 10'
*60.00 L.F. Pavement only
*50.00 S.F. Sidewalk
*36.32 S.F. Driveway 101
*60.00 L.F. Pavement only
*44.00 S.F. Sidewalk
83.44 S.F. Driveway 16'
*60.00 L.F. Pavempnt only
*50.00 S.F. Sidewalk
*46.32 S.F. Driveway 10'
*60.00 L.F. Pavement only
*50.00 S.F. Sidewalk
*46.32 S.F. Driveway 10'
*81.70 L.F. Pavement only
81.70 S.F. Sideval k
-0- Drivew,, y
5.17
310.20
0.43
21.50
0.85
30.87
5.17
310.20
o.43
21.50
0.85
30.87
5.17
310.20
0.43
18.92
0.85
70.92
!_
5.17
I
310.20
0.43
21.50
o.85
39.37
5.17
310.20
0.43
21.50
0.85
39.37
5.17
422.39
0.43
35.13
o.85
-0-
PROJECT: Up River Road, Leopard to I.R. 37
CONTRACTOR: Fowco Construction Company
ITEM
OWNER & PROPERTY DESCRIPTION
QUANTITY
DESCRIPTION
TOTAL
NO.
ASSESSED
OF
AMOUNT
ASSESSMENT
RATE
AMOUNT
ASSESSE]
WESTCHESTER DIIVE
INTERSECTION
22.
BLANCHE CROCKETT
Lot 34, Block 3
* 101.22 L.F.
Pavement only
5.17
523.30
Westchester Place
R -1B zoned; 100% assessed
x• 83.72 S.F.
* 90.22 S.F.
Sidewalk
Driveway 17.5'
0.43
0.85
35.99
76.68
35.97
Credit for existing imps.
23.
W. A. ROBERTS
Lot 33, Block 3
Westchester Place
60.00 L.F.
*50.00 S.F.
Pavement only
Sidewalk
5.17
0.43
310.20
21.50
R -1B zoned; 100% assessed
*36.32 S.F.
Driveway 10'
0.85
30.87
3b2.57
24.
HAROLD & LEONARD HOELSCHER
Lots 30, 31 & 32, Block 3
Westchester Place
180.00 L.F.
*180.00 S.F.
Pavement only
Sidewalk
5.17
0.43
930.60
77.40
R -1B zoned; 100% assessed
-0-
Driveway
0.85
-0-
6
PROJECT: Up River Road. Leopard Street to I.H. 37
CONTRACTOR: Fowco Construction Company
Beginning at Leopard Street
North Side
ITEM
OWNER & PROPERTY DESCRIPTION
QUANTITY
DESCRIPTION
TOTAL
NO.
ASSESSED
OF
AMOUNT
ASSESSMENT
RATE
AMOUNT
ASSESSEI
25•
MARY ANDREWS RANDALL
Lot 1,2,3, & 4, Block 1
Geneva Heights; A -1 zoned
64.65 L.F.
258.00 S.F.
Curb,gutter only
Sidewalk
1.49
0.43
96.32
110.94
100% assessed
70-
Driveway
0
0
207
26.
JAMES A. CREIGHTON
Lot A (S 297' of E z)
Woodlawn #2; A -1 zoned
75.00 L.F.
260.00 S.F.
Curb,gutter only
Sidewalk
1.49
0.43
111.75
111.80
100%i assessed
111.82 S.F.
Driveway 101 _.
0.85
95.o4
318.59
27.
MISS MAY BLYTHE
Lot B (S 297' of W 2)
Woodlawn #2; A -1 zoned
10o% assessed
75.00 L.F.
260.00 S.F.
111.82 S.F.
Curb,gutter only
Sidewalk
Driveway 10'
1,49
0.43
0.85
111.75
111.80
95.04
318.59
28.
GENELL N. ARNOLD
Lot 2 ( S 234.94')
Block 1, Woodlawn #2
A -1 Zoned; 100,% assessed
74.60 L.F.
23.00 L.F.
310.40 S.F.
urb,gutter,pvmt.
Curb,gutter,only
Sidewalk
9.00
1.49
0.43
671.40
34.27
133.47
223.64 S.F.
Driveway 2 -10'
0.85
190.94
29.
CLARA BESS SHIELDS
Lot 2; Woodlawn Addn. 2
A -1 zoned; 100% assessed
97.60 L.F.
350.4 S.F.
111.82S.F.
urb,gutter,pvmt.
Sidewalk
Driveway 10'
9.00
0.43
0.85
878.40
150.67
95.04
,12 +.11
30.
CLARA BESS SHIELDS
Lot 3, Woodlawn Addn. 2
A -1 zoned; 100% assessed
102.60 L.F.
258.40 S.F.
urb,gutter,pvmt.
3idevalk
9.00
0.43
923.40
111.11
-0-
Driveway
0
0
E
rTIN AVE. INTE
ECTION
PROJECT: Up River Road, Le•pard to I.H. 37
CONTRACTOR: Fowco Construction Company
ITEM
OWNER & PROPERTY DESCRIPTION
QUANTITY
DESCRIPTION
TOTAL
NO.
ASSESSED
OF
AMOUNT
ASSESSMENT
RATE
AMOUNT
ASSESSEI
31.
ROBERT BURGESS
Lot 22, Block 9
75.04 L.F.
Curb,gutter,pvmt.
5.85
441.23
Oak Park; R -1B zoned
* -0-
Sidewalk
0
0
100% assessed
-0-
Driveway
0
0
OAK PARK INTERSECTION
441.2 3
TOM GRAHAM PARK - CITY
OAK PARK INTI
RSECTION
32.
W. T. PULLIAM
Lot 1 to 4 & 21 & 22
79.04 L.F.
i
Curb,gutter,pvmt.
5.88
464.75
Block 2, Oak Park
* -0-
Sidewalk
0
0
R -1B zoned; 10 assessed
-0-
Driveway
0
0
Used for business
_ _
RETAMA AVE
INTERSECTION
4647 '75
33.
L. E. BERRY
Lot , Block
130.00 L.F.
Pavement only
5,17
672.10
Retama Grove;'R -1B zoned
480.00 S.F.
Sidewalk
0.43
206.40
100% assessed
-0-
Driveway
0
0
34.
L. K. SHERRILL
Lot 1, Block,3
124.22 L.F.
Curb,gutter,pvmt.
5.88
730.41
Retama Grove Subdivision
480.88 S.F.
Sidewalk
0.43
206.77
R -1B Zoned; 100% assessed
-0-
Driveway
0
0
937.1
CENIZO AVENUE
INTERSECTION
35.
ST. THOMAS ESPIC. CHURCH
Lot C out of Bancroft Dodge
271.05 L.F.
Curb,gutter,pvmt.
5.88
1,593.77
Farm Lots; Church use
916.20 S.F.
Sidewalk
0.43
393.96
100% assessed
152.88 S.F.
Driveway 26,
0.85
129.94
No removal cost to church
_
2,i17•. 6•;
8
PROJECT: Up River Road,. Leonard to T.H. 3l
CONTRACTOR: Fowco Construction Company
ITEM I OWNER & PROPERTY DESCRIPTION I QUANTITY I DESCRIPTION TOTAL
NO. ASSESSED OF AMOUNT
ASSESSMENT RATE A340UTiT ASSFSSEE
36.
FRANK & IDA LONGORIA
Lot B, Bancroft Dodge Annex
Special zoning permit
100% assessed
85.00 L.F.
350.00 S.F.
258.62 S.F.
Curb,gutter,pvmt.
Sidewalk
Driveway 15'
9.00
0.43
0.85
765.00
150.50
219.8
_
,135.32
37-
DONALD V. KINGSBURY
Lot A, Bancroft Dodge Annex
R -3B zoned; 100% assessed
100.00 L.F.
420.00 S.F.
Curb, gutter,pvmt.
Sidewalk
5.88
0.43
588.00
180.60
1.76.12 S.F.
Driveway 10'
0.85
149.70
91b.30
38.
ROBERT H. DAVIS
Lot D, Block Bancroft Dodge
Farm Lots; Zoned A & B
(Ord. # 8010) 100%i assessed
139.16 L.F.
625.80 S.F.
81.82 S.F.
Curb,gutter,pvmt.
Sidewalk
Driveway 10'
9,00
0.43
0.85
1,252.44
269.09
69.54
^
1,591,07
POTH LANE IN`
MISECTION
39.
MRS. REST}'R SHERMAN
Lots 3A & 1B, Country Club P3.
R -3B zoned; 100% assessed
199.98 L.F.
699.92 S.F.
Curb,gutte-,pvmt.
Sidewalk
5.88
0.43
1,175.88
300.96
-0-
Driveway
0
0
COUNTRY CLUB
PLACE INTERSECTIO
40.
S. L. & OLLIE IRENE DAMS, SR.
Lot 66, Country Club Place
R -3B Zoned; 100% assessed
191.66 L.F.
602.64 S.F.
101.76 S.F.
Curb,gutter,pvmt.
Sidewalk
Driveway 16'
5.88
0.43
0.85
1,126.96
259.13
86.49
_
L,472-505
41.
VIRGIE R. NORMAN
Lot 1:$, Country Club Place
189.66 L.F.
urb,gutter,pvmt.
5.88
1,115.20
R -3B Zoned; 100% assessed
586.64 S.F.
149.44 S.F,
idewalk
iveways 2 -10'
0.43
0.85
252.25
127.02
S. COUNTRY CL
PI�4CE INTERSECTi
PI
PROJECT: Up River Road Leopard to I.H. 37
CONTRACTOR: Fowco Const. Company
ITEM
OWNER & PROPERTY DESCRIPTION
QUANTITY
DESCRIPTION
TOTAL
NO.
ASSESSED
OF
AMOUNT.'
ASSESSMENT
RATE
AMOUNT
ASSESSET
42.
MRS. FRANK J. TANSIK
Lot 47, Country Club Place
185.66 L.F.
Curb,gutter,pvmt.
5.88
1,091.68
R -1B Zoned; 100% assessed
626.64 S.F.
Sidewalk
0.43
269.45
96.12 S.F.
Driveway 10'
0.85
81.70
1,442.b3
43.
STATEWIDE STATIONS, INC.
Lot 30, Country Club Place
166.66 L. F.
Pavement only
7.51
1,251.61
B -4 zoned; 100% assessed
-0-
Sidewalk
0
0
-0-
Driveway
0
0
1,23 .57
Total
Contract Pric
$125,118.17
Total
Assessments
43,351.46
City'i
Portion
1,7-66 71
SECTION 4.' BE IT FURTHER ORDAINED THAT IN THE EVENT THE ACTUAL
FRONTAGE OF ANY PROPERTY HEREIN ASSESSED SHALL BE FOUND UPON THE COMPLETION
OF SAID IMPROVEMENTS TO BE GREATER OR LESS THAN THE NUMBER OF FEET HEREIN -
ABOVE STATED, THE ASSESSMENTS HEREIN SET AGAINST ANY SUCH PROPERTY AND
AGAINST THE REAL AND TRUE OWNER OR OWNERS THEREOF, SHALL BE, AND THE SAME
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 ADOPTED, IT BEING
THE INTENTION THAT SUCH 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 RULE OR PLAN ", WHICH RULE OR PLAN IS HEREBY FOUND AND DETERMINED TO
BE JUST AND EQUITABLE AND TO PRODUCE A SUBSTANTIAL EQUALITY, 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 IM-
PROVEMENTS ON SAID PORTION OF UPRIVER ROAD, ALL CERTIFICATES HEREINAFTER
PROVIDED FOR, 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 HEREINABOVE 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 PORTION
1
-7-
OF UPRIVER ROAD, WITHIN THE LIMITS DEFINED, AND THE REAL AND TRUE OWNERS
THEREOF, WHETHER NAMED OR CORRECTLY NAMED HEREIN OR NOT, SUBJECT TO THE
PROVISIONS OF SECTION 4 THEREOF. TOGETHER WITH INTEREST THEREON AT THE RATE
OF SIX AND ONE -HALF PERCENT (6 -1/2 %) PER ANNUM WITH REASONABLE ATTORNEY'S
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: JULY 3, 1968, AND
A PERSONAL LIABILITY AND CHARGE AGAINST THE REAL AND TRUE OWNER OR OWNERS
BE NAMED OR CORRECTLY NAMED HEREIN, AND THAT SAID LIEN SHALL BE AND CONSTI-
TUTE 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 PAID AND BECOME PAYABLE IN ONE OF THE FOLLOWING METHODS AT THE
OPTION OF THE PROPERTY OWNER:
1. ALL IN CASH WITHIN 20 DAYS AFTER COMPLETION OR ACCEPTANCE
BY,THE CITY; OR
2. TWENTY PERCENT (20 %) CASH WITHIN TWENTY DAYS AFTER THE
COMPLETION OF SAID WORK AND ITS ACCEPTANCE BY THE CITY,
AND 20% RESPECTIVELY ON OR BEFORE ONE YEAR, TWO YEARS,
THREE YEARS AND FOUR YEARS AFTER THE COMPLETION OF SAID
WORK AND ITS ACCEPTANCE BY THE CITY, WITH INTEREST FROM
DAY OF SUCH COMPLETION AND ACCEPTANCE BY THE CITY UNTIL
PAID AT THE RATE OF 6 -1/2% PER ANNUM; OR
3. PAYMENTS TO BE MADE IN MAXIMUM OF 60 EQUAL INSTALLMENTS,
THE FIRST OF WHICH SHALL BE PAID WITHIN 20 DAYS AFTER THE
COMPLETION OF SAID IMPROVEMENT, AND THE ACCEPTANCE
THEREOF BY THE CITY, AND THE BALANCE TO BE PAID IN
59 EQUAL CONSECUTIVE MONTHLY INSTALLMENTS COMMENCING ON
THE 1ST DAY OF THE NEXT SUCCEEDING MONTH AND CONTINUING
• THEREAFTER ON THE IST DAY OF EACH SUCCEEDING MONTH UNTIL
THE ENTIRE SUM IS PAID IN FULL, TOGETHER WITH INTEREST
FROM THE DATE OF SAID COMPLETION AND ACCEPTANCE BY THE
CITY, UNTIL PAID, AT THE RATE OF SIX AND ONE -HALF PERCENT
(6 -1/2 %) PER ANNUM; PROVIDED, HOWEVER, THAT THE OWNERS
0
OF SAID PROPERTY AVAILING THEMSELVES OF OPTION 1111 OR 11311
ABOVE SHALL HAVE THE PRIVILEGE OF PAYING ONES OR ALL, OF 1
SUCH INSTALLMENTS AT ANY TIME BEFORE MATURITY THEREOF BY
PAYING THE TOTAL AMOUNT OF PRINCIPAL DUE, TOGETHER WITH
INTEREST ACCRUED, TO THE DATE OF PAYMENT. AND SAID
ORDINANCE FURTHER PROVIDED THAT THE AMOUNTS PAYABLE
BY THE ABUTTING PROPERTY AND THE REAL AND TRUE OWNERS
THEREOF, TO BE ASSESSED AGAINST SAID PROPERTY AND SAID
TRUE OWNERS THEREOF SHALL CONSTITUTE A FIRST AND PRIOR
LIEN ON SUCH ABUTTING PROPERTY AND A PERSONAL LIABILITY
OF THE REAL AND TRUE OWNERS THEREOF.
SECTION 6. THAT FOR THE PURPOSE OF EVIDENCING SAID ASSESSMENTS5
THE LIENS SECURING SAME AND THE SEVERAL SUMS ASSESSED AGAINST THE SAID PAR-
CELS OF PROPERTY AND THE REAL AND TRUE OWNER OR OWNERS THEREOF AND THE TIME
AND TERMS OF PAYMENTS 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 NUMBERS OR FRONT FOOT THEREOF, OR SUCH OTHER
DESCRIPTION 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
SUFFICIENT 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.
-9-
THAT THE SAID CERTIFICATE SHALL FURTHER PROVIDE SUBSTANTIALLY
THAT IF DEFAULT SHALL BE MADE IN THE PAYMENT OF ANY INSTALLMENT OF PRINCIPAL
OR INTEREST WHEN DUE, THEN AT THE OPTION OF THE CITY, THEIR SUCCESSORS, OR
ASSIGNS, OR THE HOLDER THEREOF1 THE WHOLE OF SAID ASSESSMENT EVIDENCED THERE-
BY SHALL AT ONCE BECOME DUE AND PAYABLE, AND SHALL BE COLLECTIBLE WITH REASON-
ABLE ATTORNEY'S 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 PROPERTY, WHETHER NAMED OR
CORRECTLY NAMED THEREIN OR NOTE 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: JULY 3, 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, 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 REGU-
LARLY 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 PREREQUISITES
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 SHALL BE 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, 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.
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SECTION 7. THAT ALL SUCH ASSESSMENTS LEVIED ARE A PERSONAL LIA-
BILITY AND CHARGE AGAINST THE REAL AND TRUE OWNER OR OWNERS OF THE 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 ASSESSMENT, OR IN ANY OTHER MATTER OR THING SHALL NOT IN ANYWISE IN-
VALIDATE OR IMPAIR ANY ASSESSMENT LEVIED HEREBY OR ANY CERTIFICATE ISSUED,
AND SUCH MISTAKE, OR ERRORI INVALIDITY OR IRREGULARITY WHETHER IN SUCH
ASSESSMENT OR IN THE CERTIFICATE ISSUED IN EVIDENCE THEREOF, MAY BE, BUT
IS NOT REQUIRED TO BE, TO BE ENFORCEABLE, AT ANY TIME CORRECTED BY THE SAID
CITY COUNCIL OF THE CITY OF CORPUS CHRISTI. 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 ASSESS-
MENT, SHALL IN NO WISE AFFECT OR IMPAIR THE VALIDITY OF ASSESSMENTS AGAINST
THE OTHER PARCELS OF PROPERTY ABUTTING UPON SAID STREET; AND THAT THE TOTAL
AMOUNTS ASSESSED AGAINST THE RESPECTIVE PARCELS OF PROPERTY ABUTTING UPON
SAID STREET 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 THEREOF, AND WITH THE
TERMS POWERS AND PROVISIONS OF SAID CHAPTER 106 OF THE ACTS OF THE FIRST -
CALLED SESSION OF THE 40TH LEGISLATURE OF THE STATE OF TEXAS, KNOWN AS
ARTICLE 1105B OF VERNON'S ANNOTATED CIVIL STATUTES OF TEXAS AND THE CHARTER
OF THE CITY OF CORPUS CHRISTI TEXASI UNDER WHICH TERMS, POWERS AND PRO-
VISIONS SAID PROCEEDINGS, SAID IMPROVEMENTS AND ASSESSMENTS WERE HAD AND
MADE BY SAID CITY COUNCIL.
SECTION 8. 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 IMPERA-
TIVE PUBLIC NECESSITY, REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO
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ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRO-
DUCTION, AND THAT SAID ORDINANCE SHALL BE READ AT THREE SEVERAL MEETINGS OF
THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED THAT SUCH EMERGENCY AND
NECESSITY EXISTS, AND HAVING REQUESTED THAT SAID CHARTER RULE BE SUSPENDED,
AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION
AND THAT THIS ORDINANCE TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM
AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE
DAY OF AUGUST, 1968.
ATTEST: &&-"/ /
CIT SkcRVr4RY MAYO
THE CITY OF CORPUS CHRISTI, TEXAS
APPROVED:
DAY OF AUGUST, 1968:
r
CITY AT ORNEY
CORPUS CHRISTI T AS /, r
.;,,
)/I ./ g_ UAY OF
TO THE MEMEiERS OF THE CITY COUNCIL
CORPUS CHRISTI,-TEXAS
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 14EETINGS OF THE CITY COUNCIL; I, 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,
Zorz-
/ THE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
JACK R. BLACKMON
RONNIE SIZEMORE
V. A. "DICK" BRADLEY, JR.
P. JIMEN EZ, JR,, M.D.
GABE LOZANO, SR.
KEN MCDANIEL '
W. J. '% WRANGLER" ROBERTS
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
JACK R. BLACKMON
RONNIE SIZEMORE
V. A. "DICK" BRADLEY, JR. �-
.r ,
P. JIMENEZ, JR., M.D.
ell
GABE LOZANO, SR.
KEN MCDANIEL
W. J. "WRANGLER" ROBERTS -�/