HomeMy WebLinkAbout09507 ORD - 10/08/1969AN ORDINANCE
CLOSING THE HEARING ON STREET IMPROVEMENTS FOR GOLLIHAR
ROAD, FROM GREENWOOD DRIVE TO S. H. 286, AND FINDING
AND DETERMINING THAT PROPERTY ABUTTING SAID STREET
WILL BE SPECIFICALLY BENEFITTED AND ENHANCED IN VALUE
IN EXCESS OF COST OF THE IMPROVEMENTS, AND LEVYING AN
ASSESSMENT; FIXING A CHARGE AND LIEN, 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 SEPTEMBER 10, 1969, DETERMINED THE NECESSITY
FOR, AND ORDERED THE IMPROVEMENT OF GOLLIHAR ROAD, GREENWOOD DRIVE TO S. H.
286 IN THE MANNER AND ACCORDING TO THE PLANS AND SPECIFICATIONS HERETOFORE
APPROVED AND ADOPTED BY THE CITY COUNCIL BY ORDINANCE DATED SEPTEMBER 10, 1969,
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 ASPHALT PAVING COMPANY
THEIR LOWEST AND MOST ADVANTAGEOUS BID AND SAID CONTRACT HAS BEEN HERETOFORE
DULY EXECUTED BY SAID CITY OF CORPUS CHRISTI AND ASPHALT PAVING COMPANY AND IS
DATED OCTOBER 8, 1969, AND THE PERFORMANCE BOND REQUIRED BY SAID CONTRACT
HAS BEEN PROPERLY FURNISHED BY SAID ASPHALT PAVING COMPANY AND ACCEPTED BY THE
SAID CITY COUNCIL OF SAID CITY AS TO FORM AND AMOUNT AS REQUIRED BY THE
CHARTER OF SAID CITY AND THE LAWS OF THE STATE OF TEXAS; AND i
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 GOLLIHAR ROAD WITHIN THE LIMITS HEREIN
DEFINED, TO BE IMPROVED, AND THE REAL AND TRUE OWNERS THEREOF, AND SAID
(�7 ra 7
DIRECTOR OF PUBLIC WORKS HAS HERETOFORE FILED SAID ESTIMATES AND A STATEMENT
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
SEPTEMBER 10, 1969, 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 BY ORDINANCE DATED SEPTEMBER 10,
1969, DID ORDER AND SET A HEARING TO BE HELD AT 3:00 O'CLOCK P. M. ON
OCTOBER 1, 1969, 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 ABUT-
TING 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 IM-
PROVEMENTS, 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 THE CITY
COUNCIL DID BY SAID ORDINANCE ORDER AND DIRECT THE CITY TO GIVE NOTICE OF SAID
HEARING TO THE OWNERS ABUTTING UPON SAID STREET AS SHOWN BY THE CURRENT AD
VALOREM TAX ROLL BY MAILING SUCH NOTICE TO SUCH OWNERS AND PUBLISHING SAID
NOTICE AT LEAST THREE TIMES IN THE CORPUS CHRISTI TIMES BEFORE THE DATE OF
THE HEARING, SUCH NOTICE BY MAIL AND BY PUBLICATION BEING IN COMPLIANCE WITH
THE PROVISIONS OF ARTICLE 1105B OF VERNON'S ANNOTATED CIVIL STATUTES OF TEXAS;
AND
WHEREAS, SUCH NOTICE WAS GIVEN SAID OWNERS OF PROPERTY AS SHOWN
ON THE CURRENT AD VALOREM TAX ROLL WITHIN THE LIMITS OF THE STREET BEING
IMPROVED BY MAILING SUCH NOTICE AT LEAST FOURTEEN (14) DAYS PRIOR TO THE
HEARING TO SUCH OWNERS AND BY PUBLISHING THREE TIMES NOTICE OF SUCH HEARING
IN THE CORPUS CHRISTI TIMES, THE FIRST OF WHICH PUBLICATION WAS AT LEAST
-2-
i
. 1
TWENTY -ONE (21) DAYS PRIOR TO THE.DATE OF SAID HEARINGS BOTH FORMS OF NOTICE
BEING IN COMPLIANCE WITH AND CONTAINING THE INFORMATION REQUIRED BY
ARTICLE 11056, VERNON'S ANNOTATED CIVIL STATUTES.
WHEREAS, AFTER DUE, REGULAR AND PROPER NOTICE THEREOF, ALL AS PRO-
VIDED BY LAW AND THE CHARTER OF THE CITY OF CORPUS CHRISTI, SAID HEARING OF
WHICH NOTICE WAS GIVEN, WAS OPENED AND HELD ON OCTOBER 1, 1969 , IN THE
COUNCIL CHAMBER AT CITY HALL IN THE CITY OF CORPUS CHRISTI, TEXAS, IN ACCORD-
ANCE WITH SAID ORDINANCE AND NOTICE, AT WHICH TIME AN OPPORTUNITY WAS GIVEN
TO ALL SAID ABOVE- MENTIONED PERSONS, FIRMS, CORPORATIONS AND ESTATES, THEIR
AGENTS A14D 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:
-3-
Following a brief recess, Mayor Blackmon reconvened the meeting at 3:15 p.m. and
announced the scheduled public hearing on paving assessments for street improvements on Gollihar
G adii.'tiJOJ urivu i%:, S.ii. 2v61 Uijii H. He asked iiiar ii be noied ihai a quorum was
present, and explained the procedure to be followed. He stated that each member of the Council
had been presented with a copy of the assessment roll, and stated that Assistant City Attorney
Amador Garcia would conduct the hearing; that the Staff would offer testimony from the City
Engineer, and expert testimony from Mr. Paul J. Koepke, MAI, SRA, real estate appraiser, to
substantiate the assessments which appear on the assessment roll, and that the hearing was to
form a basis on which the Council would determine or establish the assessments on the abutting
properties.
James K. Lantos, First Assistant Director of Public Works, pointed out on the map the
location of the proposed improvements; presented the plans and described the extent and specifi-
cations of the project; stated there are proposed four moving lanes with left turn lanes at major
intersections; and that the total roadway width will vary from 45 feet to 61 feet; thut credits
have been allowed for existing improvements such as curbs, gutters, and pavements, as welt as
sidewalks where they exist; explained that most of the property involved, sides or backs onto
the street, and that parking lanes are not justified; that the total contract price is $214,425.18;
total assessments, $44,111.40, and the total cost to the City is $170,313.78. He stated that
the assessment rates have been determined by using the unit prices taken from the low bid and
applying those unit prices to the front footage of the abutting property owners, and that the
rates have been prepared according to the City's'policy recently adopted by Ordinance No. 9480
September 10, 1969. Mr. Lontos further explained that a water line is included in the contract,
and that all utilities will be adjusted where required to properly facilitate the street construction;
that a header curb along Airline Road in front of the Greenbriar Apartments is proposed and
assessed 100% against the abutting property owner, which header curb was proposed on the
Airline Road Project, but that the property owner requested permission to construct a fence in
lieu of the curb, but that no fence had been constructed.
Mr. Garcia called Mr. Koepke to testify as to his background and experience which he
felt qualified him as a real estate appraiser. Mr. Garcia explained that Mr. Koepke's qualifi-
cations had been furnished in writing to the Council. Mr. Koepke stated that he had personally
viewed and understood the extent and specifications of the proposed improvements, 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, and that he would recommend that no adjustments be made.
Attorney Bob Spann, representing the estate of Juan Gonzales, Lot 12, Section D,
Paisley Hoffman Subdivision, interrogated Mr. Koepke as to the method, extent, and time of
his appraisal of the properties, and as to what total valuation he had placed on the properties
before and after the improvements, and particularly, the Gonzales property.
Mr. Koepke stated that he was not employed to appraise the properties, but rather to
submit an opinion as to the enhancement of the land as a result of the assessments, and that he
had not made a detailed appraisal of the market value of any specific piece of property or
overall estimate.
Mr. Spann stated he had been of the opinion that the purpose of the hearing was to
determine whether or not the property will be improved and if the improvements are all justified,
and that it would appear that the Council, in making this determination, is dependent upon the
appraisals made yesterday afternoon by its expert appraiser. He pointed out that the notices had ,
been mailed to property owners prior to Mr. Koepke's investigation of the property. He stated
he feels the appraiser made a "skimpy" investigation; that he did not have adequate opportunity
to exercise his skills as an appraiser, and that he does not feel it is a fair basis on which to make
a determination of the enhancement.of the properties.
Mr. Roger Butler, representing properties listed as Items X35 and X32, A. L. Rankin,
stated he was opposing the assessments on these properties on the basis of "insufficiency of
data upon which to predicate a judgment."
Mayor Blackmon stated the usual procedure for holding assessment hearings would be
followed; that the names of the property owners would be called as they are listed'on the assess-
ment roll, and that the owner would have an opportunity to state his objection or approval to
any of the prcposed improvements or assessments relative to his property. The following persons
appeared:
Item #32 and 35, A. L. Rankin - Mr. Roger Butler reiterated his objection to the assessment,
stating there had not been sufficient evidence shown upori which'to predicate a judgment, and that
he is opposed to the assessment on thal basis.
Item X35, Estate of Juan Gonzales - Mr. Spann made further inquiry as to how the rates
were calculated in relation to other properties listed; how it had been determined that certain,
property was classified commercial or residential; as to the zoning of the Gonzales property and
if it would be rezoned upon application; as to the proportionate credits allowed for curbe and
gutters; and as to why vacant property is classified as commercial. He stated he feels they are
dealing with specific values so far as improvements are concerned, and that he feels it is unfair
to assess vacant property as commercial; that it was unfair to pass an ordinance on September 10,
saying that all property not platted is going to be assessed as commercial when the notices were
mailed on September 8, saying that the property was being assessed at the commercial rates.
Mr. Spann stated it was his opinion that the ordinance should be reconsidered. He stated the
Gonzales Estate is in litigation and a determination of platting as residential or commercial
cannot be made at this time.
Item 1,°51, Seymore Mendell and Irvin W. Gendys - Mr. Mendell, owner of Greenbriar
Apartments, stated he was opposed to the assessment for the header curb, stating that he had
made an inquiry and that he could have the header curb installed at a cheaper rate than shown
on the assessment roll I.
Mr. Mendell was advised that lie should consult with the Public Works Department and
work out a plan whereby he would be permitted to construct the header curb, but that it would
have to be built under City supervision and specifications, and that the work would have to be
done before a work order is issued on the project.
Attorney Garcia asked Mr. Koepke to state his opinion as to the highest and best use
of the Gonzales property and the Rankin tracts, and Mr. Koepke stated it is his opinion that
the highest and best use is for at least "AB" Professional Office District uses on the iRANK IN
property and commercial and some residential on the GONIZALES' PROPERTY.
No one else appeared to be heard.
Motion by Bradley, seconded by Roberts and passed, that the hearing be closed, and
that the questions of assessments to taken under advisement after a full study of the testimony.
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
WEREAS, 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 I14PROVE14ENTS OF SAID
PORTION OF SAID STREET PROPOSED TO BE ASSESSED AGAINST SAID PROPERTY, OR
AS TO ANY ERRORS, 114VALIDITIES 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. INVALID -
ITJES•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, CBJECTION 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 GOLLIHAR -ROAD WITHIN THE LIMITS TO SE 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, 14 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,
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 AGAINST SAID ABUTTING
PROPERTY ON SAID PORTION OF SAID GOLLIHAR 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 SUB-
STANTIAL 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 COR ?US CHRISTI, TEXAS:
SECTION 1. THAT THERE BEING 140 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 0'o JECTIONS, WHETHER SPECIFICALLY MENTIONED OR NOT, SHALL BE, AND
THE SAME ARE HEREBY OVERRULED AND DENIED.
SECTION Z. THAT SAID CITY COUNCIL HEREBY FINDS AND DETERMINES
UPON THE EVIDENCE HEARD IN REFERENCE TO EACH AND EVERY PARCEL OR PROPERTY
ABUTTING UPON GOLLIHAR 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 IMPROVE-
MENTS 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 HERE INBELOW 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 HAD WITH REFERENCE
TO SAID IMPROVEMENTS ARE IN ALL RESPECTS REGULAR, PROPER AND VALIDI 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 COM-
PLIANCE WITH THE LAW, CHARTER PROVISIONS AND PROCEEDINGS OF THE SAID CITY
COUNCIL.
SECTION 3. THAT IN PURSUANCE OF SAID OP.DINANCESj DULY ENACTED BY
SAID CITY COUNCIL, AUTHORIZING AND ORDERING THE IMPROVEMENTS OF THE ABOVE
DESCRIBED STREETS WITHIN THE LIMITS DEFINED1 AND IN PURSUANCE OF SAID
PROCEEDINGS HERETOFORE HAD AND ENACTED BY SAID CITY COUNCILS 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 THEREOF1
ALL AS CORRECTED AND ADJUSTED BY SAID CITY COUNCIL, BEING AS FOLLOWS,
TO -WIT:
GOLLIHAR ROAD IMPROVEMENTS, GREENWOOD DRIVE TO S.H. 286, UNIT II
Assessments
This project is titled Gollihar Road Improvements, from Greenwood Drive
to S.H. 286. The 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 5" of lime stabilized
base, 8" of compacted caliche base, a prime coat, 22" of Type "A "'
Asphaltic Concrete, and 1" of Type "D" Asphaltic Concrete surface, for
a total roadway width varying from 45' to 61', measured from the back
of the curbs. Also to be constructed on this project are reinforced
concrete sidewalks 5' wide and 4" thick tied to the curb, as well as
4' wide sidewalks 4" thick, concrete driveways where needed and as re-
quired by property owners, and storm sewers to properly drain the street.
In addition to the above mentioned street improvements a water line is in
this contract. All utilities shall be adjusted where required to properly
facilitate the street construction. In addition, a header curb along
Airline Road in front of the Greenbrier Apartments is proposed and assessed
100% against the abutting property owner. This curb was proposed on the
Airline Road Project. The property owner requested permission to construct
a fence in lieu of the curb, but no fence has been constructed.
The assessment rates have been determined by using the unit prices taken
from the low bid and applying those unit prices to the front footage of
the abutting property owners as follows:
Property zoned & used R -1 or R -2
Curb, gutter, pavement $4.75 p.1.f.
Property zoned or used other than R -1 or R -2
Curb, gutter, pavement $8.97 p.1.f.
Sidewalk
4' wide $0.51 p.s.f.
5' wide $0.50 p.s.f.
Driveway $0.96 p.s.f.
Header curb at Airline Road $2.13 p.l.f.
Credits have been given to existing improvements such as curbs, gutters, and
pavements, as well as sidewalks where they exist.
Total Contract Price $214,425.18
Total Assessments - 44,111.40
Total Cost - City's Portion $170,313.78
ASSESSMENT ROLL
pg0jDCT: Gollihar Road Improvements - Greenwood Drive to S.H. 286
CONTRACTOR:
ASSESSMENT RATES
Zoned & Used R -1 or R -2 Curb, Glitter & Pavement p.l.f. = $
Zoned or Used other than R -1 or R -2 C. G. & Pvmt. p.l.f. =
Sidewalk 1 p.s.£. = $
Driveway p.s.f. _ $
LTEM
'70.
OWNER & PROPERTY DESCRI_TION
QUANTITY
ASSESSED
DESCRIPTION
OF
ASSESSMENT
RATE
A14OUNT
TOTAL
AMOUNT
ASSESS-7
BEGINNI
, AT GREENWOOD
DRIVE
NOR
EMAST SIDE
1.
Demetrio Tovar, Jr.
170.90 L.F.
Pavement only
6.73
1,150.16
Lot A -6 Blk A
367.50 S.F.
Sidewalk
0.50
183.75
John Jones Subdivision #2
* -0- S.F.
Driveway
0.96
0.00
*Credit for existing imp.
1,333.91
2.
Enrique Casas
* 102.0 L.F.
Pavement only
1.33
135.66
Lot 1 Blk 1
-0- S.F.
Sidewalk
0.51
- 0.00
John Jones Subdivision #42
* -0- S.F.
Driveway
0.96_
0.00
*Credit for existing imp.
135.66
FALKCNSO
STREET IN'IE
ECTION
3.
Camilo M. Garcia
* 52.70 L.E.
Pavement only
1.33.•
70.09
Lot 1 Blk 2
* -0- S.F.
Sidewalk
0.51
0.00
John Jones Subdivision #2
* -0- S.F.
Driveway
0.96
0.00
*Credit for existing imp.
70.09
4.
Jesus Medrano, Jr.
* 52.7 L.F.
Pavement only
0.00
0.00
Lot 2 Blk 2
* -0- S.F.
Sidewalk
0.51
0.00
John Jones Subdivision #2
* -0- S.F.
Driveway
0.96
0.00
*Credit for existing imp.
0.00
5.
David H. Leal
* 52.7 L.F.
Pavement only
0.00
0.00
Lot 3 Blk 2
* -0- S.F.
Sidewalk
0.51
0.00
John Jones Subdivision #2
* -0- S.F.
Driveway
0.96
0.00
*Credit for existing imp.
6.
Robert M. Garza
* 52.7 L.F.
Pavement only
0.00
0.00
Lot 4 Blk 2
* -0- S.F.
Sidewalk
0.51
0.00
John Jones Subdivision #2
* -0-
Driveway
0.96
0.00
*Credit for existing imp.
0.00
Page
PROJECT: Gollihar Road Improvements - Greenwood Drive to S.H. 286
CONTRACTOR:
ITEM
NO.
I OWNER & PROPERTY DESCRIPTION
QUANTITY
ASSESSED
DESCRIPTION
OF
ASSESSMENT
RATE
AMOUNT
TOTAL
AMOUNI.
ASSES;
7.
Leo Dupre
"'52.7 L.F.
Pavement only
0.00
0.00
Lot 5 Blk 2
* -0- S.F.
Sidewalk
0.51
0.00
John Jones Subdivision #2
-0- S.F.
Driveway
0.96
0.00
*Credit for existing imp.
0.c
8.
Cruz Rosales
* 52.7 L.F.
Pavement only
0.00
0.00
Lot 6 Blk 2
* -0- S.F.
Sidewalk
0.51
0.00
John Jones Subdivision #2
* -0- S.F.
Driveway
0.96
0.00
*Credit for existing imp.
0,C
9.
Marcella V. Eyler
* 53.45 L.F.
Pavement only
0.00
0.00
Lot 7 Blk 2
* -0- S.F.
Sidewalk
0.51
0.00
John Jones Subdivision #2
* -0- S.F.
Driveway
0.96
0.00
*Credit for existing imp.
O.0
10.•
Daniel Serrato
* 53.45 L.F.
Pavement only
0.00
0.00
Lot 8 Blk 2
* -0 -- S.F.
Sidewalk
0.51
0.00
John Jones Subdivision #2
* -0- S.F.
Driveway
0.96
0.00
0.0
11.
Cecilio M. Perez
* 52.7 L.F.
Pavement only
0.00
0.00
Lot 9 Blk 2
* . -0- S.F.
Sidewalk
0.51
0.00
John Jones Subdivision #2
* -0 -.
Driveway
0.96
0.00
*Credit for existing imp.
12.
Rene Ramos
* 52.7 L.F.
Pavement only
0.00
0.00
Lot 10 Blk 2
* -0- S". F.
Sidewalk
0.51
0.00
John Jones Subdivision #2
* -0-
Driveway
0.96
0.00
*Credit for existing imp.
0.0
13.
Elias Guerra
* 52.7 L.F.
Pavement only
0.00
0.00
Lot 11 Blk 2
* -0- S.F.
Sidewalk
0.51
0.00
John Jones Subdivision #2
* -0- S.F.
Driveway
0.96
0.00
*Credit for existing imp.
0.0
L4.
Raymond Zuniga, Jr.
52.7 L.F.
Pavement only
0.00
0.00
Lot 12 Blk 2
-0- S.F.
Sidewalk
0.51
0.00
John Jones Subdivision #2
-0- S.-F.
riveway
0.96
0.00
*Credit for existing imp.
0.0'
Pa re
PROJECT: Gollihar Road Improvements - Greenwood Drive to S.H. 286
CONTRACTOR:
ITEM
NO.
OWNER & PROPERTY DESCRIPTION
QUANTITY
ASSESSED
DESCRIPTION
OF
ASSESSMENT
RATE
AMOUNT
TOTAL
AMOUL?
ASSESS
15.
Rene Ramos
* 52.7 L.F.
Pavement only
0.00
0.00
Lot 13 Blk 2
* -0- S.F.
Sidewalk
0.51
0.00
John Jones Subdivision #2
* - O- -,S.F.
Driveway
0.96
0_00
*Credit for existing imp.
0.00
16.
Edward Casares
*•52.7 L.F.
Pavement only
0.00
0.00
Lot 14 Blk 2
* -0- S.F.
Sidewalk
0.51
0.00
John Jones Subdivision #2
* -0- S.F.
Driveway
0.96
0.00
*Credit for existing imp.
0.00
17.,
Manuel B. Pena
* 58.7 L.F.
Pavement only
1.33
0.00•
Lot 15 Blk 2
* -0- S.F.
Sidewalk
0.51
0.00
John Jones Subdivision #2
* -0- S.F.
Driveway
0.96
0.00
*Credit for existing imp.
0.00
SHAW STREET I
TERSECTION
18.
R. E. Aguilera
*304.00 L.F.
Pavement only
1.33
138.32
Lot 1 Blk 8
* -0- S.F.
Sidewalk
0.51
0.00
John Jones Subdivision #2
* -0- S.F.
Driveway
0.96
0.00
*Credit for existing imp.
138.32
19.
C. C. Speed et al
*•109.80 L.F.
Pavement only
1.33
146.03
Lot 9 Blk 4
* 64.00 S.F.
Sidewalk
0.51
32.64
Gollihar Park Unit 1
* -0- S.F.
Driveway
0.96
0.00
'
*Credit for existing imp.
178.67
CASTENON STREET
INTERSECTION
20.
Robert Ybarra
50.Q 'L.F.
Pvmt, curb, guttei
0.00
0.00
Lot 10 Blk 1
t6.0 S.F.
Sidewalk
0.51
28.56
Gollihar Park Unit 1
-0- S.F.
Driveway
0.96
0.00
28.56
21.
Gregorio Villarreal, Jr.
50.0 L.F.
Pvmt, curb, gutte
0.00
0.00
Lot 9 Blk 1 .
* . -07 S.F.
Sidewalk
0.51
0.00
Gollihar Park Unit 1
* -0- S.F.
Driveway
0.96
0.00
*Credit for existing imp.
0.00
Page It
PROJECT: Gollihar Road Improvements - Greenwood Drive to S.R. 286
CONTRACTOR:
ITEM
NO.
OWNER & PROPERTY DESCRIPTION
QUANTITY
ASSESSED
DESCRIPTION
OF
ASSESSMENT
RATE
AMOUNT
TOTAL
AMOUNT
ASSESS:
22.
Enrique Aguirre 50.0 L.F.-
Pvmt, curb, guttei
0.00
0.00
Lot 8 Blk 1 ; =0- S.F.
Sidewalk
0.51
0.00
Gollihar Park Unit 1 -0 -, S.F.
Driveway
0.96
0_00
O.00
23.
Alberto Trevino 50.0 L.F.
Pvmt, curb, gutte3
0.00
0.00
Lot 7 Blk 1 - -0- S.F.
Sidewalk
0.51
0.00
Gollihar Park Unit 1 -0- S.F.
Driveway
0.96
0.00
O.00
24.
Por£irio Garcia, Jr. 50.0 L.F.
Pvmt, curb, guttea
0.00
0.00
Lot 6 Blk 1 70- S.F.
Sidewalk
0.51
0.00
Gollihar Park Unit 1 -0- S.F.
Driveway
0.96
0_00
O.00
25.
T. D. Bowen 50.0 L.F.
Pvmt, curb, guttei
0.00
0.00
Lot 5 Blk 1 -0- S.F.
Sidewalk
0.51
0.00
Gollihar Park Unit 1 • -0- S.F.
Driveway
0.96;
0.00
O.00
o6_
u_ n Ts.,,,,isc sn 0 T., T?
Ptm +_. CLl h g„ ± +P
O.nO
0_00
Lot 4 Blk 1 -0- S.F.
Sidewalk
0.51
0.00
Gollihar Park Unit 1 -0- S.F.
Driveway
0.96
0_00
O.00
27.
Urbano Guarjardo 50.0 L.F.
Pvmt, curb, gutte2
0.00
0.00
Lot 3 Blk 1 -0- S.F.
Sidewalk
0.51
0.00
Gollihar Park Unit 1 -0- S.F.
Driveway
0.96
0.00
O.00
28.1
Leon Salinas 50.0 L.F.
Pvmt, curb, gutte2
0.00
0.00
Lot 2 Blk 1 -0- S.F.
Sidewalk
0.51
0.00
Gollihar Park Unit 1 -0- S.F.
Driveway
0.96
0_00
0.0C
29..
Juan M. Villarreal 50.0 L.F.
Pvmt, curb, gutte2
2.37
0.00
Lot 1 Blk 1 46.0 'S.F.
Sidewalk
0.51
23.46
Gollihar Park Unit 1 -0 -• S.F.
Driveway
0.96
0.00
23.4E
BERNANDINO SB
EET INTERSECTION
30.
Alfonso Beltran 109.80 L.F.
Pvmt, curb, guttei
2.37
260.23
Lot 19 Blk 3 (100 %) 92.00 S.F.
Sidewalk
0.51
46.92
Gollihar Park Unit 1 (50 %) 219.6 S.F.
Sidewalk
0.51
112.00
-0- S.F.
Driveway
0.96
0.00
419.15
Page 5
PROJECT: Gollihar Road Improvements - Greenwood Drive to S.H. 286
CONTRACTOR:
ITEM
OWNER & PROPERTY DESCRIPTION
QUANTITY
DESCRIPTION
TOTAL
NO.
ASSESSED
OF
AMOUNT
ASSESSMENT
RATE
AMOUNT
ASSESSE
31,
C. C. Ind. School District
460.00 L.F.
Pvmt, curb, gtr.
4.75
2,185.00
1840.00 S.F.
Sidewalk
0.51
938.40
-0- S.F.
Driveway
0.96
0.00
3,123.40
PRESCOTT ST
ET INTERSECTION
32.
A. L. Rankin
150.00 L.F.
Pavement only
6.73
1,009.50
Lot 1 Blk 1
870.00 S.F.
Sidewalk
0.50
435.00
A. L. Rankin Tract
840.12 S.F.
Driveway
0.96
806.51
2,251,01
33.
Roberto Bosques, M.D.
160.00 L.F.
Pvmt, curb, gtr.
8.97
1,435.20
Lot 1
1056.00 S.F.
Sidewalk
0.50
528.00
A. L. Rankin Tract Unit 2
231.00 S.F.
Driveway
0.96
221.76
2,184.96
34.
Clemente Garcia. Jr.
160.00 L.F.
Pvmt, curb, gtr.
8.97
1,435.20
Lots 2, 3, & 4
776.00 S.F.
Sidewalk
0.50
388.00
A. L. Rankin Tract Unit 2
540.06 S.F.
Driveway
0.96
518.40
2,341.60
35.
A. L. Rankin
811100 L.F.
Pvmt, curb, gtr.
8.97
7,274.67
2.16 acres out of the Paisley
Subdivision - A. L. Rankin Trac
4055.00 S.F.
-0- S.F.
Sidewalk
Driveway
0.50
0.96
2,027.58
0.00
9,302.17
GOLLIHAR ROA
IMPROVEMENTS
GREENWOOD DR
VE TO S.H. 286
BEGINNING AT
GREENWOOD DRIVE
SOULHWE
T SIDE
36
Estate of Juan Gonzales
1271.00 L.F.
Pvmt, curb, gtr.
8.97
11,300.87
Lot 12 Sec. D
6355.00 S.F.
Sidewalk
0.50
3,177.50
Paisley Hoffman Subdivision
-0- S.F.
Driveway
0.96
0.00
14 ,478.37
37.
Second Baptist Church
264.00 L.F.
Pvmt, curb, gtr.
4.75
1,254.00
Lots 1, 2, 3, & 4 Blk A
* -0- S.F.
Sidewalk
0.51
0.00
Gollihar Park Unit 2
387.12 S.F.
Driveway 2 -25'
0.96
371.63
1,625.63
*Credit for existing imp.
PROJECT: Gollihar Road Improvements - Greenwood Drive to S.H. 286
CONTRACTOR:
ITEM r OWNER & PROPERTY DESCRIPTION
NO. f
39•
Guadalupe Gonzales
Lot 1 Blk 1
Gollihar Park Unit 2
*Credit for existing imp.
Rosendo Mondragon
Lot 1 Blk 3
Gollihar Park Unit 2
*Credit for existing imp.
40. Agapito G. Gomez
Lot 30 Blk 3
Gollihar Park Unit 2
I
41. C.C. Ind. School District
redit fpr existing imp.
42. Fernando G. Rodriguez
Lot 1 Blk 1
Inwood Village Unit 1
*Credit for existing imp.
43 -t James O'Quina
Lot 1 Blk 3
Inwood Village Unit
44. Jose C. Perez
Lot 42 Blk 3
Inwood Village Unit 1
s
QUANTITY DESCRIPTION
ASSESSED OF
ASSESSMENT
*:107.0 L.F. Pavement only
-0- S.F. Sidewalk
-0- S.F. Driveway
*106.80 L.F._ Pavement only
* -0- S.F. Sidewalk
* -0- S.F. Driveway
LEON STREET I TERSECTION
106.80 L.F. Pavement only
-0- S.F. Sidewalk
-0- S.F. Driveway
BERNANDINO STIPMT INTERSECTION
636.0 L.F.± pvmt, curb, gutte3
1152.0 S.F. Sidewalk
422.0 S.F. Driveway
•x•106.95 L.F. Pavement only
0.00 SrF, Sidewalk
-0- Driveway
PRESCOTT STRE1T INTERSECTION.
106.95 LF Pavement only
-0- Sidewalk
-0- Driveway
106.95 IF Pavement only
-0- Sidewalk
-0- Drivewav
RATE AMOUNT
1.33 142.31
0.51 0.00
0.96 0,00
1.33 142.04
0.51 0.00
0.96 0.00
1,33 142.04
0.51 0,00
0.96 0.00
I
4.75 3,021.00
0.51 . 587.52
0.96 405.12
1.33 142.24
0.51 0,00
0,96 0.00
1.33 142.24
0.51 0.00
0.96 0,00
1.33 142,24
0.51 0.00
0.96 0.00
Page 6
Pa ge 7
PROJECT:Golliher Road Improvements - Greenwood Drive to S.R. 286
CONTRACTOR:
ITEM
NO.
I OWNER & PROPERTY DESCRIPTION
QUANTITY
ASSESSED
DESCRIPTION
OF
ASSESSMENT
RATE
AMOUNT
TOTAL
AMOUNT
ASSESSE
ORCHID LANE INTERSECTION
45.
H. Gordon Heaney
106.95 LF
Pavement only
1.33
142.24
Lot 1 Blk 4
-0-
Sidewalk
0.51
0.00
Inwood Village Unit 1
-0-
Driveway
0.96
0.00
142.24
46.
Apolinario Garcia
106.95 LF
Pavement only
1.33
142.24
Lot 42 Blk 4
-0-
Sidewalk
0.51
0.00
Inwood Village Unit 1
-0-
Driveway
0.96
0.00
142.24
LARKSPUR LANE
INTERSECTION
47.
M. P. Maldonado
io6.95 LF
Pavement only
1.33
142.24
Lot 1 Blk 5
-0-
Sidewalk
0.51
0.00
Inwood Village
-o-
Driveway
0.96
0.00
142.24
'" ado, jr.
y42jBlk
ivy. -- ii•
Pav 6i,iCUi, uui,'y
T0.00
Lot 5
-0-
Sidewalk
0.51
Inwood Village
-0-
Driveway
0.96
0.00
142.24
BLUEBELL STREET
INTERSECTION
49.
Matilde S. Alvarado
106.95 IF
Pavement only
1.33
142.24
Lot 1 Bia 6
-0-
Sidewalk
0.51
0.00
Inwood Village
-o-
Driveway
0.96
0.00
142.24
50.
Julio B. Benavides
106.95 IF
Pavement only
1.33
142.24
Lot 42 Blk 6
-0-
Sidewalk
0.51
0.00
Inwood Village
-0-
Driveway
0.96
0.00
142.24
VESTAL STREET
INTERSECTION
51.
Eugenio Betancourt
76.95 IF
Pavement only
1.33
102.34
Lot 1 Blk 7, less portion
-0-
Sidewalk
0.51
0.00
of R.O.W. 286
-0-
Driveway
0.96
.0.00
102.34
Inwood Village Unit 1
WEST R.O.W. MATE
HIGHWAY 286
END SOUTHWEST
SIDE GOLLIHAR
END GOLLIHAR ROAD
IMPROVEMENTS
PROJECT: Airline Road, Header Curb Installation Adjacent to Greenbrier Apts.
CONTRACTOR:
ITEM
NO.
1 OWNER & PROPERTY DESCRIPTION
QUANTITY
ASSESSED
DESCRIPTION
OF
ASSESSMENT
RATE
AMOUNT
TOTAL
AMOUNT
ASSESS
51.
Seymore Mendell & Irvin W.
307.00 ' L.F.
Header Curb
2,13
653.91
Gendys
Lot 2, Blk C
Meadowbrook'Subd,
r
i
END AIRLINE JOAD
I
Total Contract Price
S214,425.18
Total Prel, Assessments
- 44,111,40
i
City Portion
� 170,313 .78
r
S
1
j
A
C
C
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 A14D 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 GOLLIHA�R ROAD, ALL ICERTI FI CATES 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
OF GOLLIHAR 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 ( 6 1/2 %) PER ANNUM WITH REASONABLE ATTORNEYS FEE AND
ALL COSTS AND EXPENSES OF COLLECTIONS IF INCURRED5 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: SEPTEMBER 10, 1969 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 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
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 THERE-
OF 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 THERE-
AFTER ON THE IST DAY OF EACH SUCCEEDING MONTH UNTIL THE
ENTIRE SUM IS PAID IN FULL, TOGETHER WITH INTEREST
10
FROM THE DATE OF SAID COMPLETION AND ACCEPTANCE BY THE
CITY UNTIL PAID AT THE RATE OF SIX AND ONE -HALF PERCENT
(6- 112`'%) PER ANNUM; PROVIDED, HOWEVER THAT THE OWNERS OF
SAID PROPERTY AVAILING THEMSELVES OF OPTION "2" OR „3"
ABOVE SHALL HAVE THE PRIVILEGE OF PAYING ONEj OR ALLY OF
SUCH INSTALLMENTS AT A14Y TIME BEFORE MATURITY THEREOF BY
PAYING THE TOTAL AMOUNT OF PRINCIPAL DUE, TOGETHER WITH
INTEREST ACCRUED, TO THE DATE OF PAYMENT.
SECTION 6. THAT FCR THE PURPOSE OF EVIDENCING SAID ASSESSMENTS
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 THERE-
OF BY SAID CITY COUNCILS WHICH CERTIFICATES SHALL BE EXECUTED BY THE MAYOR
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 PRO-
PERTY ASSESSED BY LOT AND BLOCK NUMBER, OR FRONT FOOT THEREOF1 OR SUCH
OTHER DESCRIPTION AS MAY OTHERWISE IDENTIFY THE SAME AND IF THE SAID PRO-
PERTY 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 ASSESS14ENT 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 DUES THEN AT THE OPTION OF THE CITY, ITS SUCCESSORS OR
ASSIGNS, OR THE HOLDER THEREOF, THE WHOLE OF SAID ASSESSMENT EVIDENCED THERE-
' BY SHALL AT ONCE BECOME DUE AND PAYABLE AND SHALL BE COLLECTIBLE WITH REASON-
• AELE 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 PROPERTY, WHETHER NAMED OR
CORRECTLY NAMED Th EREIN 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: SEPTEMBER 10, 1969 '
AND ShALL PROVIDE IN EFFECT THAT IF DEFAULT SHALL BE HADE 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 CO! :PLIANCE WITH THE LAW AND CHARTER IN FORCE IN SAID CITY AND
THE PROCEEDINGS OF SAID CITY COUNCIL OF SAID CITY1 AND THAT ALL PREREQUISITES
TO THE FIXING OF THE ASSESSMENT LIEN AGAINST THE PROPERTY THEREIN DESCRIBED,
OR ATTEMPTED TO BE DESCRISEDi 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 BEFEQUIRED
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 EHFOP,CEIIENT AND COLLECTION THEREOF AND SAID Cc P.TIFICATES 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 7. THAT ALL SUCH ASSESSMENTS LEVIED ARE A PERSONAL LIA-
BILITY AND CHARGE AGAINST THE PEAL 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 OWN;RJ OR THE DESCRIPTION OF ANY PROPERTY OR THE AMOUNT OF
ANY ASSESSMENT, OR III ANY OTHER MATTER OR THING SHALL NOT IN ANYWISE INVALI-
DATE OR IMPAIR ANY ASSESSMENT LEVIED HEREBY OR ANY CERTIFICATE ISSU£Dj AN-0
SUCH MISTAKES OR ERRORS INVALIDITY OR IRREGULARITY WHETHER IN SUCH ASSESSMENT
OR IN THE CERTIFICATE ISSUED IN EVIDENCE THEREOF; 14AY BED BUT IS NOT REQUIRED
TO BED TO BE ENFORCE. "BLEB AT ANY TIME CORRECTED BY THE SAID CITY COUNCIL OF
THE CITY OF CORPUS CHRISTI. FURTHER THAT THE C.N11,SSION 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 ASSESSMENTS AGAINST THE OTHER PARCELS OF
PROPERTY ASUTTING UP014 SAID STREET; AND THAT THE TOTAL AI -0z;L'NTS ASSESSED
AGAINST THE KLSPLC, IVL PAK(:LLS U. YKUYtK1Y AdU71'I::G UPON SAID SIHLET' WITHIN
THE LIMITS HEREIN DEFINED AND THE PEAL AND TRUE OWNER. OR OWJCERS THEREOF ARE ,
THE SAME ASS OR LESS THAN, THE ESTIMATE OF SAID ASSESSMENT PREPARED BY THE
DIRECTOR. OF PUSLiC •::ORKS 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 PRO-
s
VISIONS OF SAID CHAPTER 1,06 OF THE ACTS OF THE FJ RS T ^CALLED SESSION OF THE
110TH LEGISLATURE OF THE STATE OF TEXAS KNOWN AS ARTICLE 110 '7B OF %1EP.NCN(S
ANNOTATED CIVIL STATUTES OF TEXAS AND THE CHARTER OF THE CITY OF CORPUS
CHRISTI TEXAS, UNDER WHICH TERJ•1S, POWERS AND PROVISIONS SAID PROCEEDINGS,
SAID IMPROVEMENTS AND ASSESSMENTS WERE HAD AND MADE BY SAID CITY COUNCIL.
SECTION 8. THE FACT THAT THE ABGVE- 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 IHHA31'iANTS THEREOF CREATES A PUBLIC EH£RGEHCY AND Ar: II-IPERA-
TIVE PUBLIC NECESSITY, REQUIRING THE SUSPENSION OF THE CHARTER PULE THAT NO
' -11-
ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY 014 THE DATE OF ITS INTRODUC-
TION, AND THAT SAID ORDINANCE SHALL BE READ AT THREE SLVCRAL 14CETINGS OF
THE CITY COUNCIL, AND THE•IJAYOR HAVING DECLARED THAT SUCH ENCRGENCY AND NECES-
SITY EXISTS, AND HAVING REQUESTED THAT SAID CHARTER RULE BE SUSPENDED, AND
THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND
TAKE EFFECT AND BE IN FULL FORCE AND E CT FROH AND AFTER ITS PASSAGE, IT
IS ACCORDINGLY SO ORDAINED, THIS THE DAY OF OCTOBER, 1969:•.
ATTEST:
CIT EC E A 4 Y
/� R
APPROVED:
(/ THE CITY OF CORPUS CHRISTI, TEXAS
-
DAY OF OCTOBER; 1969;•'.
CITY ATTOR4EY
Cor us Christi, Texas
day of 19a
TO THE MEMBERS 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 meetings 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,
1AYOR
THE CITY OF CORPUS CHRISTI, TEXAS
The Charter rule was suspended by the following vote:
Jack R. Blackmon
Gabe Lozano, Sr.
V. A. "Dicle'Bradley, Jr.
Eduardo E. de Ases
Ken McDaniel
W. J. "Wrangler" Roberts
Ronnie Sizemore
The above ordinance was passed by the following vote:
Jack R. Blackmon
Gabe Lozano, Sr.
V. A. "Dick" Bradley, Jr.
Eduardo E. de Ases
Ken McDaniel
W. J. ','Wrangler" Roberts
Ronnie Sizemore
Y:•