Loading...
HomeMy WebLinkAbout09835 ORD - 07/08/1970AN ORDINANCE CLOSING THE HEARING ON STREET IMPROVEMENTS FOR SOUTH ALAMEDA STREET FROM MONTCLAIR DRIVE TO EDGEWATER DRIVE: FOR CARSON DRIVE FROM ENNIS JOSLIN ROAD TO SOUTH ALAMEDA STREET: FOR ENNIS JOSLIN ROAD FROM CARSON DRIVE TO SOUTH ALAMEDA STREET: AND FOR THE INTERSECTIONS OF SOUTH ALAMEDA STREET WITH TROY DRIVE, HAROLDSON STREET, PALMETTO DRIVE, COUNTRY CLUB DRIVE AND EBONWOOD DRIVE, AND FINDING AND DETERMINING THAT PROPERTY ABUTTING SAID STREETS 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 May 27, 1970, determined the necessity for, and ordered the improvement of South Alameda Street from Montclair Drive to Edgewater Drive; for Carson Drive from Ennis Joslin Road to South Alameda Street; for Ennis Joslin Road from Carson Drive to South Alameda Street; and for the intersections of South Alameda Street with Troy Drive, Haroldson Street, Palmetto Drive, Country Club Drive and Ebonwood Drive, in the manner and according to the plans and specifications heretofore approved and adopted by the City Council by ordinance dated May 27, 1970, 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 South Texas Construction Company on their lowest and most advantageous bid and said contract has been heretofore duly executed by said City of Corpus Christi and South Texas Con- struction Company and is dated July 1, 1970, and the performance bond required by said contract has been properly furnished by said South Texas Construction Company and accepted by the said City Council of said City as to form and amount as required by the said City Council of said City and the laws of the State of Texas; and 9835 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 the aforesaid streets, within the limits herein defined, to be improved, and the real and true owners thereof, and said Director of Public Works has heretofore filed said estimates and a 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 May 27, 1970, did determine the necessity of levying an assessment for that portion of the cost of constructing said improvements on the above -named streets within the limits herein defined, to be paid by the abutting property and the real and true owners thereof, and by ordinance dated May 27, 1970, did order and set a hearing to be held at 3:00 o'clock P.M. on June 17, 1970, in the Council Chamber of the City Hall at Corpus Christi, Texas, for the real and true owners of the property aubtting upon said streets, 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 pro- perty 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 the City Council did by said ordinance order and direct the City to give notice of said hearing to the owners abutting upon said streets 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 streets being -2- 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 twenty -one (21) days prior to the date of said hearing; both forms of notice being in compliance with and containing the information required by Article 1105b, Vernon's Annotated Civil Statutes; and 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 June 17, 1970, 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 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: -3- Minutes Regular Council Meeting June 24, 1970 Page 6 Mayor Blackmon announced the scheduled public hearing on paving assessments for the improvement of Alameda Street from Ocean Drive to Montclair. He explained the procedure to be followed, and asked that it be noted that a quorum of the Council and the required Charter officers were present. He stated that each member of the Council had been presented with a copy of the Preliminary Assessment Roil, and that Assistant City Attorney Amador Garcia would conduct the public hearing. Mr. Garcia explained the purpose of the 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. Lontos, First Assistant Director of Public Works, presented the plans for the proposed street improvements; testified as to the nature and extent of the specifications; explained how the assessment rates had been determined in accordance with the assessment policy of the City; stated that the total cost of the construction was $471,647.83; that the City's portion was $391,667.38; and that the property owner's assessment was $79,980.45. He described the extend of the project as being (1) South Alameda Street from the northeast right of way line of Montclair Drive to the west right of way line of Edgewater Drive; (2) Carson Drive, from the north right of way Tine of Ennis Joslin Road to the south right of way line of South Alameda Street; (3) Ennis Joslin Road from the south right of way line of Carson Drive to the intersection of the south right of way line of South Alameda Street; and intersections of Troy Drive, Haroldson Street, Palmetto Drive, Country Club Drive, and Ebonwood Drive. Property owners in the audience were given the opportunity to question Mr. Lontos as to the construction aspects of the project, at which time the following property owners made inquiries as to their specific pieces of property relative to access, type and width of pavement, driveways, drainage facilities, width and location of sidewalks, credits allowed for existing improvements, and consideration for trees and shrubbery: Mr. John Stokes, Mrs. Mowery Vickers, Mr. Eliot C. Walker, and Mr. Otto Neuner. Mr. Lontos explained and answered all questions in detail. Minutes Regular Council Meeting June 24, 1970 Page 7 Mr. Garcia called Mr. Harold Carr to testify as the City's expert witness. Mr. Carr stated his background and experience which he felt qualified him as a real estate appraiser for all types of properties in this City; testified that he had personally viewed and understood the extent and specifications of the proposed improvements; that he had personally viewed the preliminary assessment roll and each of the properties to be assessed, and that in his opinion, each of the properties so assessed would be enhanced in value at least to the extent of the proposed assessment, with the following exceptions: Item #46 , J. C. Rackley, Lot 8, Block 8, Edgewater Terrace - Mr. Carr stated that because of its irregular shape should be reduced to $749.15, of which amount $436.65 is for paving, curb and gutters, and $312.50 is for sidewalk improvements; Item #47, Samuel Frech, Lot 7, Block 8, Edgewater Terrace - He stated this property faces Edgewater Terrace and driveway entrance is from Edgewater Terrace with proposed paving on back side of the property; that it has an irregular shape, and that the assessments should be reduced to $338.06, of which amount $197.03 is for paving curbs and gutters, and $141.03 for sidewalks; Item #66, Ferdinand C. Irrgang, Lot 3, Block 15, Edgewater Terrace - Mr. Carr explained that the property fronts on Alameda, and that the paving portion of the assessments should be deleted entirely and assessed only for the driveway which is $200.14; Item #67,Letha A. Agnew, Lot 2, Block 15, Edgewater Terrace - Mr. Carr explained that this property has a driveway from Ennis Joslin Road and that the paving assessment of $484.50 should be deleted and should only be assessed for the driveway in the amount of $160.36; Item #68, Arlie M. Estes, Lot 1, Block 15, Edgewater Terrace - He stated the property faces on Ennis Joslin Road and the entire assessment of $574.75 should be deleted. Mr. Carr stated that some of these adjustments had been made on the Revised Preliminary 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 or her property. The following persons appeared: Minutes Regular Council Meeting June 24, 1970 Page 8 Item #3, Charles J. Kaler, Lot 1, Block 1, Montclair 02 - Mr. Kaler inquired as to the width and location of the sidewalk, and requested that it be placed next to the curbline if possible. He pointed out that the street is narrow at this point, and in his opinion, the location of the turning median as shown on the plans, would create a greater traffic hazard which would force traffic closer to the curb. He also stated that the proposed parking restrictions would be an inconvenience to him since he would not be able to continue parking on Alameda; that it is his opinion that the benefit and enhancement should be to the property owner and not entirely to the public, and that he does not feel the improvements will enhance the value of his property. Item 010, Eliot C. Walker, Lot 30, Block 1, University Place - Mr. Walker inquired as to the location of the sidewalk, stating he preferred no sidewalk at all but would be more interested in having the alley improved. He inquired if the drainage in the alley would be improved as a result of the proposed improvements. Mr. Lontos explained that it is hoped that the installation of the proposed drainage system will improve the drainage of the alley. Item 019, Mowery Vickers, Lot K -R, Waverly Estates 03, Mrs. Vickers stated their property is commercial and that they also own and operate an apartment complex at this location; that they now have some off - street parking, but due to an architects error, they do not have enough, and that if they are not permitted to continue using the street for parking, they will suffer a loss; that their business will be damaged if the construction is continued over a long period of time unless a break in the construction could be arranged by completing one -half up to their property, leaving one -half open for access. She also inquired if an assessment could be added to that of one reluctant property owner to participate with other property owners for paving the alley. She further stated that they felt the assessments were excessive and should be about one -half as shown on the assessment roll. Mayor Blackmon explained that on- street parking would be prohibited at this location; that it is not the policy of the City to assess for paving alleys; and that the City Staff would make an effort to cooperate with the property owners and give as much consideration as possible to providing access during construction. Minutes Regular Council Meeting June 24, 1970 Page 8 Item #3, Charles J. Kaler, Lot 1, Block 1, Montclair #2 - Mr. Kaler inquired as to the width and location of the sidewalk, and requested that it be placed next to the curbline if possible. He pointed out that the street is narrow at this point, and in his opinion, the location of the turning median as shown on the plans, would create a greater traffic hazard which would force traffic closer to the curb. He also stated that the proposed parking restrictions would be an inconvenience to him since he would not be able to continue parking on Alameda; that it is his opinion that the benefit and enhancement should be to the property owner and not entirely to the public, and that he does not feel the improvements will enhance the value of his property. Item #10, Eliot C. Walker, Lot 30, Block 1, University Place - Mr. Walker inquired as to the location of the sidewalk, stating he preferred no sidewalk at all but would be more interested in having the alley improved. He inquired if the drainage in the alley would be improved as a result of the proposed improvements. Mr. Lontos explained that it is hoped that the installation of the proposed drainage system will improve the drainage of the alley. Item #19, Mowery Vickers, Lot K -R, Waverly Estates #3, Mrs. Vickers stated their property is commercial and that they also own and operate an apartment complex at this location; that they now have some off - street parking, but due to an architects error, they do not have enough, and that if they are not permitted to continue using the street for parking, they will suffer a loss; that their business will be damaged if the construction is continued over a long period of time unless a break in the construction could be arranged by completing one -half up to their property, leaving one -half open for access. She also inquired if an assessment could be added to that of one reluctant property owner to participate with other property owners for paving the alley. She further stated that they felt the assessments were excessive and should be about one -half as shown on the assessment roll. Mayor Blackmon explained that on- street parking would be prohibited at this location; that it is not the policy of the City to assess for paving alleys; and that the City Staff would make an effort to cooperate with the property owners and give as much consideration as possible to providing access during construction. Minutes Regular Council Meeting June 24, 1970 Page 9 Item #21, William H. Kalbfleisch, Lot 1, Block 9 - Mr. Kalbfleisch stated he owns a 4 -unit apartment at the comer of Waverly and Alameda with a service road which k improved with curb and gutters, and inquired if he would be given credit for these improvements. Mr. Lontos stated the question of giving credit for improved service roads is valid in this instance since it appears to be a dedicated road, and that the same situation exists on Items #21 through #27. Item #23, Manor House, Lot 3 through 7, Block 97 Mr. Bill Granberry, attorney representing the Manor House property, pointed out the existence of the off - street service rood and questioned the assessment of the property which does not front on Alameda. He stated he felt credit should be given for the existing curb and gutters. Mayor Blackmon stated that it is a question of law as to whether or not the Council has the authority to assess owners of property who have paid for improvements of service roads when they purchased their properties within the subdivision. Assistant City Attorney Garcia stated that with relation to the platting, the subdivision limits come all the way {ip to Alameda Street, and that the service road is within the subdivision . Item #29, R. L. Shafer, all of Lot 8 and E. 20' of Lot 9, Block 14, Edgewater Terrace - Mr. Shaffer stated he was hopeful that parking would be allowed on all property which extends onto Alameda. Mr. Lantos stated the plans show that parking would be provided up to the entrance of Mr. Shaffer's driveway, but explained that these are only preliminary plans. Item #30, George Roberts; Lot 7, Block 14, Edgewater Terrace - Mr. Roberts inquired as to how much the improvements will lower Alameda Street, and Mr. Lontos stated it would be lowered approximately one foot from the centerline. Item #34, M. H. Lovelady, Lot 22, Block 9, Edgewater Terrace - Mr. Otto J. Neuner appeared and stated he had recently purchased the subject property and inquired as to plans in general specifically location of the sidewalk and driveway, and also access from Ocean Drive. Mr. Lontos explained that the problem of entrance from Ocean Drive is an unresolved problem, and asked Mr. Neuner to consult with the Staff on this matter. Minutes Regular Council Meeting June 24, 1970 Page 10 Item #37, John F. Stokes, Lot 19, Block 9, Edgewater Terrace - Mr. Stokes stated he is dissatisfied with the plans for location of the medians at this point, stating that it would create a serious traffic hazard; would block his ingress and egress, and that his property would suffer a loss if the medians are installed as planned. He also stated that he is opposed to the amount of the assessment since his property will not be enhanced in value. Mayor Blackmon advised Mr. Stokes that he will have an opportunity to discuss the problem of egress and ingress with Mr. Lontos before construction, and directed_that Mr. Lontos confer with the Council later relative to location of the medians. Item #38, Thomas McCoy Craig, Lot 18, Block 9, Edgewater Terrace - Mr. Craig stated he has the same problem as that of Mr. Stokes, and concurs that the property will not be enhanced. He inquired as to what disposition will, be made of the shrubs and trees. Mr. Lontos stated that an inspector will be assigned to the project before and during construction, and that a determination will be made as to whether or not shrubbery and trees are located on private property or in the right of way,and that the property owner will be approached again before construction begins. Item #39, G. A. Davis, Lot 17, Block 9, Edgewater Terrace - Mrs. Davis stated the 100 - foot frontage on which the assessment was calculated is in error and does not coincide with the footage on which she is being taxed. She stated that this some situation exists on Item #40, Barney K. Kay, Lot 16, Block 9, Edgewater Terrace. Mr. Joe Pierce, stated that the front footage figures were preliminary, and that attention would be given to resolve that question. Item #42, Bill R. Brady, Lot 14, Block 9, Edgewater Terrace - Mr. Brady stated that the original assessment roll showed two driveways for his property and pointed out that there should be only one. He inquired as to the location of the sidewalks, and where the rural type mailboxes would be relocated. Mr. Lontos explained that the driveway provision had been reduced to one on the final plan, and that the mailboxes would probably be relocated into the yards. He further explained that the sidewalks at this point will be five feet in width and placed next to the curb. Minutes Regular Cosincil Meeting June 24, 1970 Page 11 Item 043, Thad H. Pollard, Lot 13, Block 9, Edgewater Terrace - Mr. Pollard stated he was concerned as to whether or not the proposed improvements would alleviate the dangerous traffic problem in this area. Mr. Lontas stated that the project was designed with that purpose in mind. Item 051, Knights of Columbus, Club Home Inc., Lot 5, Block 7, Club House Place - Mr. J. B. Self spoke on behalf of the subject property and stated they did not oppose the assessments but inquired if all assessments on the project were the same per square foot; if sidewalks will be constructed across the Oso Golf Course City -owned property, and if he will be assessed for sidewalks. City Manager Townsend explained that in instances where there are four -foot existing sidewalks and are replaced with five -foot sidewalks, the property owner will only be assessed for four -foot sidewalks, and that the plan calls for placement of sidewalks up to the entrance of the Oso Golf Course in front of the nursery. No one else appeared to be heard in connection with the proposed street improvements. Motion by Sizemore, seconded by Bradley and passed, that the hearing be closed. Motion by de Ases, seconded by Roberts and passed, that the matter of assessments on Alameda, from Ocean Drive to Montclair, be tabled for further consideration. City Manager Townsend presented pending items and the following actions taken: Motion by Sizemore, seconded by Bradley and passed, that the recommend • '•n of the City Manager be concurred in and that excess right of way, being the eas - 20 feet of Baldwin Boulevard right of way extending from David northwestward to 5• ' a Street, and 30 feet extending from Sarita Street to Cleo Street, be closed and revert = e abutting property owners subject to the payment of the appraised values less the e ated current value of the assessments previously paid; Portion of Lot 1, Block 4, So est Heights Addition, $2,200; Portion of Lot 16, Block 4, Southwest Heights Addition 00.00; Portion of Lot 1, Block 5, Southwest Heights Addition, $500.00; Portion o of 16, Block 5, Southwest Heights Addition, $500.00; Portion of Lot 1, Block A fillips Addition, $1,500; and Portion of Lot 16, Block A, Phillips Addition, $1,500, There being no further testimony offered or any further parties appearing to be heard, upon proper motion, buly 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 streets 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 streets 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 streets, within the limits above defined, and has heard all parties appearing and offering testimony, together with all protests and objections relative to such matters and as to any errors, invalidities or irregularities in any of the proceed- ings andcontract for said improvements, and has given a full and fair hearing to all parties making or desiring to make any such protest, objection or offer testimony and has fully examined and considered all evidence, testimony and statements, said City Council finds that each and every parcel of property abutting upon the aforesaid streets, 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 streets 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 -4- 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 assess- ments hereinbelow made and the charges hereby declared against said abutting property on the aforesaid streets, 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 streets 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 protests and objections, whether specifically mentioned or not, shall be, and the sane 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 the aforesaid streets, within the limits defined, that the special benefits in the enhanced value to accrue to said property and the real and true owner or owners thereof, by virtue of the construction of said improvements to said portion of said streets 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 just and equitable and produce substantial equality considering -5- the benefits received and the burdens imposed thereby, and are in accordance with the laws of the State of Texas, and the Charter pro- visions 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 valid, 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 streets, within the limits defined, 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 1105b 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 the aforesaid 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 Council, being as follows, to -wit: -6- ALAMEDA STREET IMPROVEMENTS This project is known as Alameda, Ocean Drive to Montclair, Project No. 220 -67 -87 and includes improvements to the following streets: 1. South Alameda Street from the north /east right -of -way line of Montclair Drive to the west right-of-way line of Edgewater Drive 2. Carson Drive, from the north right -of -way line of Ennis Joslin Road to the south right -of -way line of South Alameda Street 3. Ennis Joslin Road from the south right -of -way line of Carson Drive to the intersection of the south right -of -way line of South Alameda Street; and 4. The intersections of: (a) Troy Drive (b) Haroldson Street (c) Palmetto Drive (d) Country Club Drive (e) Ebonwood Drive The project is to be constructed by excavating the streets to a width and depth to permit the laying of 6" standard curb and gutter section and the installation of pavement consisting of: 1. 11" Lime Stabilized Base 2. 31/4" Type "B" Asphaltic Concrete 3. 11" Type "D" Asphaltic Concrete In addition, reinforced concrete sidewalks are also to be constructed on this pro- ject, varying in width from 4' to 5' depending on whether they are located next to the property line or next to the curb. The sidewalks are to be reinforced and 4" thick. The concrete driveways, where needed and where requested by property owners, are proposed as well as storm sewers for the purpose of draining the street. The plans also incorporate, together with the drainage system on Alameda, the drainage for Phase I of the Edgewater Terrace storm sewer system. In addition, the replace- ment of a 12" water line with a new 12" water line the entire length of the project is also proposed. The assessment rate has been determined by using the unit prices taken from the low bid submitted by South Texas Construction Company and applying those unit prices to the front footage of the abutting property in accordance with the assessment policy of the City of Corpus Christi. The rates are as follows: Curb, Gutter & Pavement $12 17 per L.F. Driveways 1.17 per S.F. Sidewalks 68 per S.F. Maximum Rate for Property for Residential Use 4 75 per L.F. Total Construction Cost $471,647.83 Total Assessments . . 76,994.68 Total City Portion $394,653.15 ASSESSMENT ROLL PROJECT: Alameda Street Improvements CONTRACTOR: South Texas Construction Company Assessment Rate Assessment Ratei Assessment Rate BASIC RATES Curb, Gutter & Pavement per 1.f. _ Sidewalk per s.f. _ Driveway per s.f. Maximum Rate for. Property for Residential Use per 1.f. _ $12.17 .68 1.17 4.75 ITEM NO. OWNER & PROYSRTY DESCRIPTION QUANTITY ASSESSED DESCRIPTION OF ASSESSMENT RATE AMOUNT TOTAL AMOUNT ASSESSED • Alameda Street Beginning at Montclair Drive Nor-.11 Side 1. T. G. White (33) * 66.00 L.F C., G., & Pvmt. 4,75 156.75 Lot 32, Block 2 (132) * 264.00 S.F Sidewalk .68 89.76 Montclair it - 0 - Driveway -0- - 0 - *credit existing imp. 246.51 50% assessed 2. Norval I. Sommers, Jr.(53.5,;* 107.00 L.F C., G., & Pvmt. 4.75 254.12 Lot 1, Block 2 (214) * 428.00 S.F Sidewalk .68 145.52 Montclair 42 - 0 - Driveway -0- - 0 - *50% assessed 399.64 Poenisc Drive Intersection 3. Charles J. haler (53.5)* 107.00 L.F C., G., & Pvmt. 4.75 254.12 Lot 1, Block 1 (214) * 428.00 S.F Sidewalk .68 145.52 Montclair 42 - 0 - Driveway -0- - 0 - *50% assessed 399.64 4. Norman E. Norton (53.5)•x 107.00 L.F Pavement 2.20 117.70 Lot 1, Block 3 (214)S. 428.00 S.F Sidewalk .68 145.52 Montclair 42 F. 16.00 S.F Sidewalk .68 10.88 *credit existing imp. - 0 - Driveway -0- - 0 - 50% assessed 274.10 Troy Drive Intersection 5. Bertram E. Beecroft (53.5)e 107.00 L.F. Pavement 2.20 117.70 Lot 32, Block 2 (214)S. 428.00 S.F Sidewalk .68 145.52 Ocean Terrace F. 16.00 S.F, Sidewalk .68 10.88 . *credit existing impr. - 0 - Driveway - 0 - - 0 - 50% assessed 274.10 6. Tony Bonilla (53.5) 107.00 L.F. Pavement 2.20 117.70 Lot 1, Block 2 (214)S. 428.00 S.F Sidewalk .68 145.52 Ocean Terrace, 16.00 S.F. Sidewalk .68 10.88 *50% assessed - 0 - Driveway -0- - 0 - 274.10 Haroldson Street Intersection 7. Robert J. Cotichelli (53.5)x 107.00 L.F. Pavement 2.20 117.70 Lot 32, Block 1 (214)S. 428.00 S.F. Sidewalk .68 145.52 • Ocean Terrace F. 16 ;00 S.F. Sidewalk .68 10.88 *credit existing impr. - 0 - Driveway -0- - 0 - 274.10 Page 2 PRO,TPCT: Alameda Street Improvements GEM ). OWNER & PROPERTY DESCRIPTION • • QUANTITY ASSESSED DESCRIPTION • OF ASSESSMENT RATE AMOUNT TOTAL AMOUNT ASSESSE 8. Max J. Snider (53.5) **107.00 L.F. Pavement 2.20 117.70 Lot 1, Block 1 (214) S.428.O0 S.F. Sidewalk .68 145.52 Ocean Terrace F. 44.00 S.F. Sidewalk .68 29.92 *credit existing imp. - 0 - Driveway - 0 - - 0 - 50% assessed 293.14 Palnetto Drive Intersection 9. Dellene N. Vaughan (65) * 130.00 L.F. Pavement 2.20 143.00 Lot 1, Block 1 (260)S 520.00 S.F. Sidewalk . .68 176.80 University Place - 0 - Driveway - 0 - - 0 - *credit existing imp. 319.50 50% assessed • 10. Eliot C. Walker (65) * 130.00 L.F. Pavement 2.20 143.00 Lot 30, Block 1 (260)0 520.00 S.F. Sidewalk 176.50 . University Place - 0 - Driveway .68 - 0 - - 0 - *credit existing impr. 319.80 50% assessed ,University Drive intersection 11. Floyd E. Lambert (65) * 130.00 L.F. Pavement 2.20 143.00 . Lot 1, Block 2 (260)S 520.00 S.F. Sidewalk .68 176.80 University Place - 0 - Driveway - 0 - _ - 0 - *50% assessed 31 12. Charles H. Krusewski 65) * 130.00 L.F. Pavement 2.20 143.00 Lot 30, Block 2 (260) S.520.00 S.F. Sidewalk .68 176.80 University Place *50% assessed Claremore - 0 - Drive Intersection Driveway - 0 - • • - 0 - .3 9.50 13. T. R. Lister (70.04) * 140.07 L.F. Pavement 2.20 154.08 Lot 46 (244.11•) 5.488.28 S.F. Sidewalk .68 166.01 Aero Village - * - 0 - Driveway 1.17 - 0 - *credit existing impr. 320.09 507 assessed 14, Ned Kirby (70.11) * 140.22 L.F. Pavement 2.20 154.24 Lot 31 • 256.44) 512.88 S.F. Sidewalk .68 174.37 Aero Village * 99.06 S.F. Driveway - 12' 1.17 115.90 *credit existing impr. 4:4.51 50% assessed Homecreat Drive Intersection 15. James A. Craft (70.28) 140.57 L.F. Pavement 2.20 154.62 Lot 16 (257.14) 514.28 S.F. Sidewalk .68 174.85 Aero Village 299.06 S.F. Driveway - 12' 1.17 349.90 * 50% assessed 679.37 16. Julius Paul & Robert Racusin (70.46 140.92 L.F. Pavement 2.20 155.01 Lot 1 . (281.84) 563.68 S.F. Sidewalk .68 191.65 Aero Village - 0 - Driveway 1.17 - 0 - *50% assessed 346.66 Glenmore Drive Intersection 17. Phillips Petroleum Co. * 172.50 L.F. C., G. & Pvmt. 12.17 2,099.32 Lot 13, Block 1 342.00 S.F. Sidewalk .68 232.56 Waverley Estates 1,400.12 S.F. Driveway 2 -35' 1.17 1,638.1+ *includes V.G. return on Glen- 65.00 L.F. Header Curb 2.98 193.7) more Dr. Valley Gutter charged rate of C., G., & P ,163.t 18. Maverick Market, Inc. 101.97 L.F. C., G., & P 12.17 1,240.97 Lot L R, Block 1 207.88 S.F. Sidewalk • .68 141.35 Waverley Estates 3 1,020.12 S.F. Driveway 2 -25' 1.17 1,193.54 35.00 L.F. Header Crub 2.98 104.30 2 PRO.TFSr : Alameda Street Improvements ITEM NO. OWNER & PROPERTY DESCRIPTION QUANTITY ASSESSED DESCRIrr1ON OF ASSESSMENT RATE TOTAL AMOUNT AMOUNil ASSESSED 19. 20. 21. 22. 23. 24. 25. 26. Mowery Vickers Lot K -R Waverley Estates 3 R. Lacy, Inc. Lot A., Block 1 Waverly Estates 3 *S /W return of Waverley Dr. credit existing C & G William H. Kalbfleisch Lot 1, Block 9 Waverley Estates 3 *reduced by Council action Ray J. Lumsten Lot 2, Block 9 Waverley Estates 3' *reduced by Council action Manor House Lot 3 thru 7, Block 9 Waverley Estates 3 *reduced by Council action J. E. Bradford Lot 8, Block 9 Waverley Estates 3 *reduced by Council action Melvin G. Montgomery Lot 9, Block 9 Waverley Estates 3 *reduced by Council action q Ivan Wood Lot 10, Block 9 Waverley Estates 3 27. John Robert Hodgens Lot 11, Block 9 Waverley Estates 3 28. James F. Boudreau Lot 9 except E. 20' Block 14 Edgewater Terrace 190.11 L.F. 680.44 S.F. 415.06 S.F. 153.00 L.F. *4 142.42 L.F. 4 457.68 S.F. L,210.13 S.F. 71.00 L.F. C., G., & Pvmt Sidewalk Driveway 20' Header Curb C. G., Pvmt. Sidewalk Driveway 2 -30' Header Curb Waverley Drive Intersection 29. Richard L. Shafer AU Lot 8 & E. 20'Lot 9, Blk.i Edgewater Terrace 30. George E. Roberts Lot 7, Block 14 Edgewater Terrace 331• Fred D. Anderson Lot 6, Block 14 Edgewater Terrace 75.00 L.F. - 0 - 0 - 60.00 L.F. - 0 - 300.00 L.F. - 0 - - 0 - 60.00 L.F. - 0 - -0- 60.00 L.F. - 0 - 0- 65.00 L.F. • 0 - 0 - 65.32 L.F. - 0 0 - 167.70 L.F. 670.80 S.F. - 0 - 120.00 L.F. 338.00 S.F. 355.06 s.F. 100.00 L.F. 400.00 S.F. - 0 - 100.00 L.F. 440.00 S.F. 155.06 S.F. C., G., & Pvmt. Sidewalk Driveway C., G., & Pvmt. Sidewalk Driveway C., G., & Pvmt. Sidewalk Driveway C., G., & Pvmt. Sidewalk Driveway C., G., & Pvmt. Sidewalk Driveway C., G., & Pvmt. Sidewalk Driveway C., G., & Pvmt. Sidewalk Driveway C., G., & Pvmt. Sidewalk Driveway C., G., & Pvmt. Sidewalk, Driveway - 16' C. G., & Pvmt. Sidewalk Driveway C., G., & Pvmt. Sidewalk - 5' Driveway - 12' 12.17 .68 1.17 2.98 12,17 .68 1.17 2.98 * 6.09 *6.09 6.09 - 6.09 6.09 -4.75 X4.75 2,313. 462. h85. 455. 64 70 52 94 1,733. 311. 1,415. 211. 3,717.90 25 22 35 58 3,671.90 . 456 75 456.75 - 0 - 0 x+56 75 - - 0 1,82 -o - 0 365.75 .00 1,$27.00. 36540 365.40 - 0 365.40 365.40, 308. 5 - 0 0 308,75 310. 7 - 0 - 0 310.27 4.75 796.5 .68 456.1 - 0 - 4.75 570.0 .68 229.8 1.17 415. 1,252, 71 4.75 475.0 .68 272.0 - 0 - 4.75 .68 1.17 1,215.26 • 747.00 475.0 299.2 181.42 • • 955.62 Page 4 PROJECT: Alameda Street Improvements IT. OWNER & PROPERTY DESCRIPTION N0. 32- QUANTITY ASSESSED DESCRIPTION OF ASSESSMENT RATE AMOUNT TOTAL AMOUNT ASSESSED J. W. Elledge Lot 5, Block 14 Edgewater Terrace * includes return on C.C. Dr. 50% assessed F. (12.5) 33. Jerry Migl Lot 23, Block 9 Edgewater Terrace * includes ret on C.C. Dr. 50% assessed 34. Otto John Neuner, Jr. Lot 22, Block 9 Edgewater Terrace 100.00 L.F. C., G., & Pvmt. 25.00 L.F. c., G., & Pvmt. 500.00 S.F. Sidewalk - 5' - 0 - Driveway Ocuntry Club Driv 100.00 L.F. (12.5) S. 25.00 L.F. 414.40 S.F. - 0 - S.F. 35. John F. Koepke Lot 21, Block 9 Edgewater Terrace 36. J. M. Enders Lot 20, Block 9 Edgewater Tdrrace 37. John F. Stokes Lot 19, Block 9 Edgwater Terrace 38 Thomas McCoy Craig Lot 18, Block 9 Edgewater Terrace 39 G. A. Davis Lot 17, Block 9 Edgewater Terrace 40 Barney K. Kay Lot 16, Block 9 Edgewater Terrace 1 C.D. Sloneker (Mrs.) Lot 15, Block 9 Edgewater Terrace 42 Bill R. Brady Lot 14, Block 9 Edgewater Terrace 43 Thad H. Pollard Lot 13, Block 9 Edgewater Terrace 44 Andrew M. Strauss Lots 12 & 11, Block 9 Edgewater Terrace *inc. return on Ebonwood ve Intersection C., G., & Pvmt. C., G., & Pvmt. Sidewalk Driveway 100.00 L.F. C., G., Pvmt. 352.00 S.F. Sidewalk - 4' 137.06 S.F. Driveway = 12' 100.00 L.F. C., G., Pvmt. 312.00 S.F. Sidewalk - 4' * 57.06 S.F. Driveway - 22' 100.00 L.F. C., G., & Pvmt. 340.00 S.F. Sidewalk - 4' 162.56 S.F. Driveway - 15' 100.00 L.F. C., G., & Pvmt. 352.00 S.F. Sidewalk- 5' *- 0 - Driveway- 12' 100.00 L.F 336.00 S.F 171.06 S.F 100.00 L.F 288.00 S.F 252.12 S.F 100.00 L.F 300.00 S.F 282.62 S.F 100.00 L.F 352.00 S.F 149.06 S.F 100.00 L.F 340.00 8.F 177.56 S.F 100.00 C., 352.00 S.F 149.06 S.F C., G., & Pvmt. Sidewalk - 5' Driveway - 16' C., G., & Pvmt. Sidewalk - 5' Driveway 2 =14' C., G., & Pvmt. Sidewalk - 5' Driveway 1 -12' 1 -13' C., G., & Pvmt. Sidewalk - 5' Driveway - 12' C., G., & Pvmt. Sidewalk - 5' Driveway-15' G., & Pvmt. Sidewalk Driveway 1 -12' 241.00 L.F J C., G., & Pvmt. 964.00 S.F Sidewalk - 5' - 0 - Driveway 4.75 4.75 .68 4.75 4.75 .68 475.0o 59.37 340.00 - 0 - 874.37 475.00 59.37 281.79 -o- 816.16 4.75 . .68 1.17 4.75 .68 1.17 4.75 .68 1.17 4.75 .68 4.75 .68 1.17 4.75 .68 1.17 4.75 .68 1.17 4.75 .68 1.17 4.75 .68 1.17 475.00 239.36 160.36 874.72 475.00 212.16 66.76 753.92 475.00 231.20 190.19 896.39 475.00 239.36 - 0 - 717.36 475.00 228.48 200.14 903.62 475.00 195.84 294.18 475.00 204.00 330.66 965.02 1,009.66 475.00 239.36 174.40 888.76 475.00 231.20 207.75 913.95 4.75 .68 , 475.00 239.36 174.40 888.76 4.75 1,144."5 .68 655.52 - 0 - 1,800.27 Page 5 • PROJECT: Alameda Street improvements CM OWNER & PROPERTY DESCRIPTION QUANTITY ASSESSED DESCRIPTION OF ASSESSMENT RATE AMOUNT TOTAL AMOUNT ASSESSED Ebonwood Drive Iitersection +5. M. L. Gardner * 48.00 L.F. C., G., & Pvmt. 4.75 228.00 228.00 Lot 9, Block 8 Edgewater Terrace • . * return on Ebonwood Drive a6. S. C. Beckley 138.03 L.F. C., G. & Pvmt. 4.75 *436.65 Lot 8, Block 8 690.15 S.F. Sidewalk - 4' .68. 250.00, Edgewater Terrace *reduced - 0 - Driveway - 0 - by Council .action .. . . -686:65- gr. Samuel Frech '. (172) 4 244.00 L.F. C., G. & Pvmt. 4.75 197.03 Lot 7, Block 8 (1488) ,976.00'S.F. Sidewalk - 4'. .68 112.80 Edgewater Terrace - 0 - Driveway - 0 - *Not total footage of Lot, only to existing improvements 309.83 5o% assessed *reduced by Council action End North Side ' Alameda Streit Beginning a: Montclair Drive South Side 43. Sage Properties Carp. 660.00 L.F. C., G. & Pvmt. 12.17 8,032.20 Lots 1 & 2, Block 6 2,312.00 S.F. Sidewalk .68 1,572.16 Club House Place • • • 1,663.18 S.F. Driveway 1 -25' 1 -28' 1 -29' 1.17 1,945.92 11,550.21 9. Coastal Bend Shrine Club 180.00 L.F. C., G. & Pvmt. 12.17' 2,190.60 Lot 3, Block 7 620.00 S.F. Sidewalk .68 421.60 Club House Place 510.06 S.F. Driveway -25' 1.17 596.77 . 3,x.9 0. Little Theater of Corpus Christi 150.00 L.F. C., G. & Pvmt. 12.17 1,825.50 Lot 4, Block 7 520.00 S.F. Sidewalk .68 353.60 Club House Place 415.06 S.F. Driveway - 20' 1.17 485.62 • 2,664.72 2,664.72 1. Knights of Columbus 330.00 L.F. C., G. & Pvmt. 12.17 4,016.10 Club Home Inc. 1,142.00 S.F. Sidewalk .68 776.56 Lot 5, Block 7 453.06 S.F. Driveway 2 -22' 1.17 530.08 Club Rouse Place 5,322.7 • Carson Drive Intiersection • • • • • Rene 6 PROJECT: Alameda Street Improvements ITEM NO. OWNER & PROPERTY DESCRIPTION • QUANTITY ASSESSED DESCRIPTION OF ASSESSMENT RATE AMOUNT TOTAL AMOUNT SESSE 52. Zeb Carson Const. Co. • 105.26 L.F. Pvmt. only 2.20 231.57 Lot 4 Bik 15 421.04 S.F. Sidewalk .68 286.30 Edgewater Terrace - -87_ 7. *cr. ex. imp. 53. Ferdinand C. Irrgang 102.0 1.f. C.G.&P. • • 4.75 484.50 484.50 Lot 3 Bik 15 408.0 s.f. Sidewalk • .68 277.44 Edgewater Terrace : • 761.94 54. Lethe A. Agnew 102.0 1.f. C.G.&P. 4.75 484.50 Lot 2 Bik 15' 86.06 S.F. D /W -12' 1.17 100.69 585.19 Edgewater Terrace *cr. 360.00 S.F. Sideaa.lk .68 244.80 ex. D/4T 829.99 55. Arlie M. Estes • 117.0 1.f. C.G.O. 4.75 555.75 Lot 1 Bik 15 182.06 s.f. D/W - 14' 1.17 213.01 Edgewater Terrace x+21.04 s.f. Sidewalk .68 280.16_ ' ' ENNIS JOSLIN "MAD INTERSECTION 1J048.92 56. Samuel Frech - .. 200.0 lf. C.G.&P. 4.75 950.00 950.00' Lot 12 & 13 Bik 2 • Edgewater Terrace . - 57• Landon C. Arnim • . Lot 11 Blk 2 . 100.0 1.f. C.G.&P. 4.75 475.00 475.00, Edgewater Terrace • • • 58. J. R. & A. C. Padilla Lot 10 Bik 2 100.0 1.f. C.G.&P. 4.75 . 475.00 475.00 Edgewater Terrace • • . 59. Cedric Priday Lot 9 Bik 2 •• .. 100.0 1.f.• ' C.G.&P. 4.75 475.00 475.00 Edgewater Terrace. . - - 60. C. H. & Olga Plomarity Lot 7 Blk 2 • • 100.0 1.f. C.G.&P. 4.75 475.00 475.00 Edgewater Terrace. • 61. Kathryn Shepard • Lot 6 Bik 2 • • 100.0 L.F. C.G.&P. 4.75 475.00 475.00 Edgewater Terrace " 2. J. R. & A. C. Padilla Lot 5 Bik 2- - ' *85.0 L.F. C.G.&P. 4.75 403.75 403.75 Edgewater Terrace . *imp, short of P.L. • END SOUTH SIDE ALAMEDA • • END A7AMEDA S EREET • • • ?age 7 PRO,+; Alameda Street Improvements TEM O. OWNER & PROPERTY DESCRIPTION QUANTITY ASSESSED DESCRIPTION OF ASSESSMENT RATE AMOUNT TOTAL AMOUNT ASSESSE CARSON DRIVE :MPROVEMENTS, FROM ENNIS JOSLIN ROAD TO ALAMEDA STREET - BEGINNING AT ENNIS JOSLIN ROAD WEST SIDE 63. F. L. Dauenhauer (121.5) S. *243.0 L.F. C.G. &P. 4.75 577.12 Lot 8 Blk 15 F. 1.25.0 L.F. C.G. &P 118.75 Edgewater Terrace 695.87 *includes return on 'Ennis Joslin Rd. ALAMEDA INTERSECTION END WEST SIDE CARSON DRIVE • ' CARSON DRIVE, FROM ENNIS JOSLIN ROAD TO ALAMEDA - 3EGINNING AT ENNIS JOSLIN ROAD EAST SIDE 64. Zeb Carson Const. Co. (77.0) Lot 9 Blk 15 • 154.0 L.F. Pavement Only 2.20 169.40 169.40 Edgewater Terrace • 50% assessed 65. Zeb Carson Const. Co. (73.93) 147.85 L.F. Pavement only 2.20 162.64 162.64 Lot 4 Blk 15 Edgewater Terrace 504 assessed , ALAMEDA INTERSECTION END EAST SIDE CARSON DRIVE END CARSON DRIVE ENNIS JOSLIN 40AD IMPROVEMENTS FROM • • CARSON DRIVE PO ALAMEDA STREET, BEGINNING AT CARSON DRIVE, NORTH SIDE 66. a • I CrE T Ferdinand C. Irrgan�d4i �e40r Ij 102.0 1.f. C.G.&P. 4.75 - k84r59 Lot 3 Blk 15 r °f 171.06 S.F. D/W - 16' 1.17 200.14 Edgewater Terrace - Zu0.f4 671 Letha A. Agnew ('Y,'�Q ion 102.0 -L,F. C.G.M. h.75 >18'l.50 137.06 S.F. 1.17 160.36 pM,t Lot 2 Blk 15 c.0,' D/W 12' Edgewater Terrace !40036 68. • Arlie M. Estes (rl t( Ac 4. or' ..u�.�...:��...r,.:a= ,s:.. �«..�...r.4c7:: Lot 1 Blk 15 /'��,,,C) L • Edgewater Tei, Vie - ALAMEDA STREET INTERSECTION END NORTH 511.3 ENNIS JOSLIN ROAD • ENNIS JOSLIN ROAD IMP. FROM CARSON DR. TO ALAMEDA ST. . BEGINNING AT ARSON DRIVE, SOUTH SIDE 69. Dorothy H. Blakeney, Est. 100.0 L.F. C.G.&P. 4.75 475.00 475.00 Lot 18 Blk 2 Edgewater Terrace 70. H. E. Hipps 100.0 L.F. G.G.&P. 4.75 475.00 475.00 Lot 17 Blk 2 Edgewater Terrace PROJECT: Alameda Street Improvements [TEM N0. OWNER & PROPERTY DESCRIPTION QUANTITY ASSESSED DESCRIPTION OF ASSESSMENT RATE AMOUNT TOTAL AMOUNT ASSESS= 71. 72. nary E. Grisham Lot 15 Blk 2 Edgewater Terrace Joe Simon Lot 14 B1k 2 Edgewater. Terrace • • 100.0 L.F. • 100.0 L.F. ALANLN'DA STREW.? END SOUTH SIDL END ENlIS JOSLIN C.G.U. C.G.W. INTERSECTION EIINIS JOSLIN ROAD ROAD • 4.75 4.75 • 475.00 475.00 475.00 475.00 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 aforesaid streets, 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 improvements on said streets, all certificates hereinafter provided for, issued to evidence said assessments against said parcels of property abutting upon said streets 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 streets, 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 -7- of the aforesaid streets, 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 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: May 27, 1970, 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 2J% 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 1st 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 of said property availing themselves of Option "2" or "3" above shall have the privilege of paying one, or all, of 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. SECTION 6. That for 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 payment, and to aid in the enforcement thereof, assignable certificates shall be issued by the City of Corpus Christi, Texas, to itself upon the completion of said improvements in said streets and acceptance there- of 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 prop- erty assessed by lot and block number, or front foot thereof, or such other description as may otherwise identify the same, and if the said prop- erty 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. 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, its successors, or assigns, or the holder thereof, the whole of said assessment evidenced thereby shall at once become due and payable, and shall be collectible -9- with reasonable 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 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: May 27, 1970, 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 tfiereto. 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 liability 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 -10- 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 invalidate or impair any assessment levied hereby or any certificate issued, and such mistake, or error, invalidity or irregularity whether in such assessment or in the certificate issued in evidence thereof, may be, but is not required to be, to be enforceable, at any time cor- rected 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 assessment, shall in no wise affect or impair the validity of assessments against the other parcels of property abutting upon said streets, and that the total amounts assessed against the respective parcels of property abutting upon said streets 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, Texas, under which terms, powers and provisions said proceedings, said improvements and assessments were had and made by said City Council. SECTION 8. The fact that the above described streets have become heavily traveled streets and the fact that the present condition of said streets within the limits defined, is dangerous to the health and public welfare of the inhabitants thereof creates a public emergency and an imperative public necessity, requiring the suspension of the Charter Rule that no ordinance or resultuion shall be passed finally on the date of its introduction, 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 take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the 6q474) day of July. 1970. ATTEST: City Sec tar APPIIVED: J1 DAY OF JULY, 970: ting City Att R THE CITY OF CORPUS CHRISTI, TEXAS Corpus Christi, exas day of , 19 70 TO THE j,1EMBERS 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 he passed finally on the date it is introduced, and that such ordinance or resolution shall be read at three meetings of the City Council; 1, therefore, request that you suspend said Charter rule or requirement and pass this ordi- nance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, OR THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following Jack R. Blackmon Gabe Lozano, Sr. V. A. "DicW"Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. "Wrangler" Roberts Ronnie Sizemore vote: The above ordinance was passed by the £ol wing vote: I 1, Jack R. Blackmon Gabe Lozano, Sr. V. A, "Dick" Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. 'Wrangler" Roberts Ronnie Sizemore Y: