HomeMy WebLinkAbout10497 ORD - 09/29/1971. .,KH:9 -z9 -71 0
AN ORDINANCE
CLOSING THE HEARING ON STREET IMPROVEMENTS FOR
THE FOLLOWING STREETS:
1. WEAVER STREET, FROM THE NORTH RIGHT. OF WAY
LINE OF PADRE ISLAND DRIVE TO A PO NT 365
FEET NORTHEASTWARD TO EXISTING STRE T IMPROVE-
MENTS;
2. SACKY STREET, FROM RICHTER STREET SOUTHEASTWARD
APPROXIMATELY 700 FEET TO A POINT 10 FEET EAST OF
THE RIGHT OF WAY LINE OF ANITA STREET,
AND FINDING AND DETERMINING THAT PROPERTY ABUTTING
SAID STREETS WILL BE SPECIFICALLY BENEFITTED AND
ENHANCED IN VALUE IN EXCESS OF COST OF THE IMPROVE-
MENTS AND LEVYING AN ASSESSMENT; FIXING A LIEN
AND CHARGE, 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 THE 25TH DAY OF AUGUST, 19711
DETERMINED THE NECESSITY FOR, AND ORDERED THE IMPROVEMENT OF THE FOLLOWING
STREETS:
WEAVER STREET, FROM THE NORTH RIGHT OF WAY LINE OF PADRE
ISLAND DRIVE TO A POINT 365 FEET NORTHEASTWARD TO EXISTING
STREET IMPROVEMENTS; AND
SACKY STREET, FROM RICHTER STREET SOUTHEASTWARD APPROXIMATELY
700 FEET TO A POINT 10 FEET EAST OF THE RIGHT OF WAY LINE OF
ANITA STREET
IN THE MANNER AND ACCORDING TO THE PLANS AND SPECIFICATIONS HERETOFORE
APPROVED AND ADOPTED BY THE CITY COUNCIL BY ORDINANCE DATED AUGUST 25,
19711 A DULY EXECUTED NOTICE OF SAID ORDINANCE HAVING BEEN FILED IN THE
NAME OF THE 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
CONTRA CT FOR THE CONSTRUCTION OF SAID IMPROVEMENTS TO THEIR LOWEST AND MOST
- 10,197
ADVANTAGEOUS BID AND SAID CONTRACT HAS BEEN AWARDED TO HELDENFELS BROTHERS,
AS AUTHORIZED BY ORDINANCE NO. tO,360, DATED JULY 21, 19711 AND THE PERFORMANCE
BOND REQUIRED BY SAID CONTRACT HAS BEEN PROPERLY FURNISHED BY SAID HELDENFELS
BROTHERS 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
WHEREAS, THE SAID CITY COUNCIL HAS CAUSED THE DIRECTOR OF ENGINEERING
SERVICES 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 THE AFORESAID STREETS WITHIN THE LIMIT
HEREIN DEFINED, TO BE IMPROVED, AND THE REAL AND TRUE OWNERS THEREOF, AND
SAID DIRECTOR OF ENGINEERING SERVICES 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
AUGUST 25, 1971, 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
AUGUST 25, 1971, DID ORDER AND SET A HEARING TO BE HELD AT 3:00 P.M., ON
THE 22ND DAY OF SEPTEMBER, 1971, IN THE COUNCIL CHAMBERS OF THE CITY HALL,
IN THE CITY OF CORPUS CHRISTI, TEXAS, FOR THE REAL AND TRUE OWNERS OF
THE PROPERTY ABUTTING 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 OR ABUTTING PROPERTY AND THE REAL AND
TRUE OWNER OR OWNERS THEREOF, AND AS TO THE SPECIAL BENEFITS TO ACCRUE TO
SAID ABUTTING PROPERTY BY VIRTUE OF SAID IMPROVEMENTS, IF ANY, OR CONCERN-
ING 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 OF MAIL AND BY PUBLICATION BEING IN COMPLIANCE WITH THE
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PROVISIONS OF ARTICLE 11058 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
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 11058, VERNON'S ANNOTATED V VIL STATUTES; AND
WHEREAS, AFTER DUE, REGULAR AND PROPER NOTICE THEREOF, ALL
AS PROVIDED BY LAW AND THE CHARTER OF THE CITY OF CORPUS CHRISTI, SAID
HEARING OF WHICH NOTICE WAS GIVEN, WAS OPENED AND HELD ON SEPTEMBER 22,
1971, IN THE COUNCIL CHAMBERS OF CITY HALL IN THE CITY OF CORPUS CHRISTI,
TEXAS, IN ACCORDANCE WITH SAID ORDINANCE AND NOTICE, AT WHICH TIME AN
OPPORTUNITY WAS GIVEN TO ALL SAID ABOVEMENTIONED PERSONS, FIRMS, CORPORA-
TIONS 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
September 22, 1971
Page 7
i onager Townsend presented the pending item of Application X571 -8,
Egyptian Corporation, which an ordinance was approved by the Co on September 15,
1971, and failed to take effect eve ough approved f' o two because of the 20 per
rule. He explained that the-Staff calcul ' n wa ' error because of a recent change in the
20 percent rule, and that ' s since been determined that t e e does not apply in this case.
The until agreed that no further action was necessary and that t dinance approved
tuber 15, 1971, (No. 10465) is automatically adopted.
Mayor Sizemore announced the public hearing on street assessments for street and
drainage improvements for Caboniss Acres and Housing Authority Sites A & B and Street
improvements for Sacky Drive from Richter Drive to the West right -of -way Nne of Anita
Street and Weaver Street, from the existing improvements to the north right -of -way line of
Padre Island Drive. He explained that the usual legal procedure would be followed; that a
quorum of the Council was present; that each member of the Council had been presented with
a copy of the Preliminary Assessment Roll; and that r"stant City Attorney Bobby Terry would
conduct the hearing.
Director of Engineering Services James K. Lantos pointed out the location of the
proposed improvements on the map, testified as to his qualifications and as to the nature,
extend and specifications of the proposed improvements. He stated that the total cost of
the improvements was $196,990.46 based on the low bid of Heldenfels Brothers; explained
the manner in which the pro rata share of the City's portion and the property owners' share
of the cost was computed, stating that the assessment rates have been determined by using
the provisions of the Assessment Policy of the City and applying to those provisions the unit
prices as received by the low bid. He pointed out the location of the proposed drainage
ditches and explained that there are no existing streets therefore no credits have been
allowed. He stated the storm sewers will be constructed based on the low bid of T. H. Lee
Contractor.
J
Assi�tant City Attorney Bobby Terry called Mr. Bill Roberts, the City's expert
witness, and interrogated him as to his experience which he felt qualified him as a real
estate appraiser. Mr. Roberts testified that he was familiar with the subject project, that
Minutes
Regular Council Meeting
September 22, 1971
Page 8
he had personally viewed each and every parcel of property within the past week which
abuts the subject streets, and that in his opinion, each of the properties so assessed would
be enhanced in value at least to the extend of the proposed assessments.
No one appeared in favor or in opposition to the proposed assessments, or to
question Mr. Lontos or Mr. Roberts.
Motion by Lozano, seconded by Bonniwell and passed, that the hearing be closed.
Motion by Lozano, seconded by Bonniwell and passed, that the Preliminary Assess-
ment Roll, as presented toithe Council, be approved, and that an ordinance be brought
forward in accordance thereof.
Mayor Sizemore announced the Regular Meeting would be temporarily recessed to
be reconvened following the scheduled public hearing on six zoning cases.
i t
THERE BEING NO FURTHER TESTIMONY OFFERED OR ANY FURTHEr PARTIES
APPEARING TO BE HEARD, UPON PROPER MOTION, DULY SECONDED AIJD 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 PRO-
TESTS AND OBJECTIONS RELATIVE TO SUCH MATTERS AND AS TO ANY ERRORS, INVALIDI-
TIES OR IRREGULARITIES IN ANY OF THE PROCEEDINGS AND CONTRACT FOR SAID IM-
PROVEMENTS, 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, 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 THE STREETS AFORESAID WITHIN THE LIMITS TO BE IMPROVED AS HEREIN
DEFINED, WILL BE ENHANCED IN VALUE AND SPECIALLY BENEFITTED BY THE CONSTRUC-
TION 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 IMPROVE-
MENTS 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 WHJCH THOSE PROCEEDINGS WERE ,BEING
HAD, AND THE PROCEEDINGS OF SAID CITY COUNCIL HERETOFORE HAD WITH REFERENCE
TO SUCH IMPROVEMENTS, AND 114 ALL RESPECTS TO BE VALID AND REGULAR; AND SAID
CITY COUNCIL DID FURTHER FIND UPON SAID EVIDENCE THAT THE ASSESSMENTS HEREIN -
BELOW MADE AND THE CHARGES HEREBY DCCLARED AGAINST SAID ABUTTING PROPERTY
ON THE PORTIONS OF THE STREETS HEREINABOVE DESCRIBED, WITHIN THE LIMITS
DEFINED, AND THE REAL AND TRUE OWNER OR OWNERS THEREOF, ARE JUST AND EQUIT-
ABLE 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 PRO-
DUCING SUBSTANTIAL EQUALITY CONSIDERING THE BENEFITS TO BE RECEIVED AND THE
BURDENS IMPOSED THEP EBY, 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
SAME ARE HEREBY OVERRULED AND DENIED.
SECTION 2. THAT SAID CITY COUNCIL HEREBY FINDS AND DETERMINES
UPON THE EVIDENCE HEARD IN REFERENCE TO EACH AND EVERY PARCEL OR PROPERTY
ABUTTING UPON THE AFORESAID STREETS, WITHIN THE LIMITS DEFINED, THAT THE
SPECIAL BENEFITS IN THE ENCHANCED 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 HEREINOELOW MADE ARE
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JUST AND EQUITABLE AND PRODUCE SUBSTANTIAL EQUALITY CONSIDERING THE BENE-
FITS 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 REGULARS 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 THEREOFj WHETHER NAMED OR
CORRECTLY NAMED HEREIN OR NOTE HAVE BEEN IN ALL THINGS REGULARLY HAD AND
PERFORMED IN COMPLIANCE WITH THE LAW, CHARTER PROVISION$ AND PROCEEDINGS
OF THE SAID CITY COUNCIL.
SECTION 3. THAT IN PURSUANCE OF SAID ORDINANCES, DULY ENACTED BY
SAID CITY COUNCILS AUTHORIZING AND ORDERING THE IMPROVEMENTS OF THE ABOVE
DESCRIBED STREET, WITHIN THE LIMITS DEFINED, AND IN PURSUANCE OF SAID PRO-
CEEDINGS 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 MOTH LEGISLATURE OF THE STATE OF
TEXAS KNOWN AND SHOWN AS ARTICLE 11058 OF VERNON'S ANNOTATED CIVIL STATUTES
OF TEXAS AS AMENDED, THERE SHALL BED AND IS HEREBY LEVIED, ASSESSED AND
TAXED AGAINST THE RESPECTIVE PARCELS OF PROPERTY ABUTTING UPON SAID PORTION
OF SAID 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:
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rave IV
d
ITM
01-MM AND
QUMITIT'1
DESCRIrMOI'i
TOTAL
A10.
PROPERTY DESCRIPTION
ASSESS)
OF
RATE
Ab;oU11T
AMOUNT
ASSESS:,MIIT
ASSESSED
SACM
DRIVE STUIff
immovalE.NTS
P.I
CHTER ST. TC
FIIUM'ON ST.
SOUTH SIDE
M STn-ET
1.
J. A. Carcia
87.0 LF
C,G, Pvmt.(S)
2.38
207.06
1101 - 19th St.
348.0 SF
Sidewalk (S)
0.28
97.44
Lot 12, L'lk 1
17.0 LF
C & G (F)
2.98
50.66
Moravian Village
355.1
No. 6
VARRO ST. INTEERSECTION
2.
Plarin S. Garza
103.09 LF
C,G, Pvmt.(S)
2.38
245.35
5302 Navarro St._
412.,36 SF
Sidewalk (S)
0.28
115.46
Lot 12, Blk 2
12.0 LF
C & G (F)
2.98
35.76
Ventura Plaza
48.0 SF
Sidewalk (F)
0.56
26.88
No. 3
423.4
3.
Roy Nay
115.73 LF
C,G, Pvmt.(S)
2.38
275.44
5301 Alejandro. St.
462.92 SF
Sidewalk (S)
0.28
129.62
Lot 11, Blk 2
10.0 LF
C & G (F)
2.98
29.8U
Ventura Plaza
No. 3
40.0 Sr
Sidewalk (F)
0.56
22.40
457.2
AIEJANDRO
ST.
NTERSECTION
4.
Oscar J. Martinez et al
115.91 IF
C,G, Pvmt.(S)
2.38
275.87
5302 Alejandro St.
463.64 SF
Sidewalk (S)
0.28
129.82
Lot 11, Blk 1
10.0 LF
C & G (F)
2.98
29.80
.
Ventura Plaza
No. 3
40.0 SF
Sidewalk (F)
0.56
22.40
457.8
�T
ITIT1
Ol.NEM AND
QUANTITY
DE (,T%IIm0N
TOTAL
LID.
M, OPi-My DESCRIl 1TION
ASSESSED
OF
RATE
AMOUNT
AMOMW
ASSESSIE r'T
ASSESSED
(Sscky Drivc
Continucd)
5.
Rufino G. Garcia
1.15.73 LF
C,C, Pvnit.(S)
2.33
275.44
5301 Miarton St.
462.92 SF
Sidewalk (S)
0.28
129.62
Lot 11, Elk 1
40.0 Sr
Sidewalk (F)
0.56
22.40
Ventura Plaza
-0 -'w
C & C (F)
2.98
0.00
Nn. 2
427.4
*kCrcdit Existing C & G
A
ITk STREET INTERSECTION
6.
Jose F. Ybarra
10.0 LF
1
C,G,•Pvmt.(S)
2.38
23.80
5302 k4iarLon St.
40.0 SF
Sidewalk (S)
0.28
11.20
Lot 113 Ell. 2
40.0 SF
Sidewalk (F)
0.56
22.40
Ventura Plaza
C & G
2.98
0.00
No. 2
57.4
**Credit Existing C & G
/
I
ND SOUTH S4
SACRY DRIVE
/
SACK]
NORTH SIDE �
MUTE
c STREET
�C,G,
/
7.
Corpus Mcisti musing
712.0 LF
& PVmL.
10.75
7,65•i.uu
Authority
1;ohemian Colony
2800.0 SF
243.0 SF.
Sidewalk
Driveway
0.70
1.17
1,960.00
284.31
Land
Storm. Sewer
523.47
9-39c-s_ i-
11,261.74
'
2
21,160.0
8.
Corpus Christi Ind. School
District
53.0 LF
2124 SF
C, C, Pvmt.
Sidewalk
4.75
0.56
251.75
118.72
370.4
END A'ORTII
mE SACK" D
Flour ]sluff Park
i
paga
111TIM
OHlNTER ATID
Q17MITITY
DESCIiII'1'I0N
TOTAL
NO.
PROPERTY DrOCILTPTrION
ASSIlJJI'.D
OF
-RATE
A1•I0UNT
MOUNT
ASSESSkIMIT
:AVER STREET
IMPROVE IENTS
ASSESSED
WAVER
STRrr.T
17WROVE 1-MS
FL
UR BLUFF PAII:
SUBDIVISION
FL]UR
DLUFF PA
NORTH SIDE'
;K SUBDIVISION
OF STREET
SOUTH SIDE
9.
F•.ugenc A. Wilson
365.02 1.F
C., C., & Pxnnn
4.75
1,733.84
50 L.F.
1101 Lu•cor
1,460.03 SF
Sidewalk .
! 0.56
817.64
506 Hebb, 78418
Lots 44 -50, Bllc 12
Sidewalk
0.56
112.00
Flour ]sluff Park
i
PADRE ISI%ND
DRIVE
End Nortl
Side
W
:AVER STREET
IMPROVE IENTS
FL
UR BLUFF PAII:
SUBDIVISION
SOUTH SIDE
OF STREET
10.
Manuel L. Mnus
50 L.F.
C, C, & Pvmt.
4.75
237.50
506 Hebb, 78418
200 S.F.
Sidewalk
0.56
112.00
Lot 19, r llc 13
Flour Bluff Park
349.50
11.
Mrs. Ceorge F. Clark
314.97 LF
C., C., Pvmt.
4.75
1,496.11
206 Oleander
1,259.88 SF
Sidewalk
0.56
705.53
Lots 20 -25, Blk 13
Flour Bluff Park
2,201.64
PADRE IS
NO DRIVE
End Sou
h Side
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 BED AND THE SAME
ARE HEREBY DECLARED TO BE INCREASED OR DECREASED AS THE CASE MAY BED 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 ASSESSME14T 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 DEFINEDj SHALL PAY FOR SAID 114PROVEMENTS 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
THE AFORESAID STREETS WITHIN THE LIMITS DEFINED ALL CERTIFICATES HEREIN-
AFTER PROVIDED FORS ISSUED TO EVIDENCE SAID ASSESSMENTS AGAINST SAID PARCELS
OFPROPERTY 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 AFORESAID
STREETS WITHIN THE LIMITS DEFINED AND THE REAL AND TRUE OWNERS THEREOF
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WHETHER NAMED OR CORRECTLY NAMED HEREIN OR NOTE SUBJECT TO THE PROVISIONS
OF SECTION 11 THEREOF TOGETHER WITH INTEREST THEREON AT THE RATE OF SIX
AND ONE -HALF �6 - /2jo� PER ANNUM WITH REASONABLE ATTORNEYS FEE AND ALL
COSTS AND EXPENSES OF COLLECTIONS IF INCURRED, ARE HEREBY DECLARED TO BE
MADE A FIRST AND PRIOR LIEN UPON THE RESPECTIVE PARCELS OF PROPERTY;
AGAINST WHICH SA14E ARE ASSESSED FROM AND AFTER THE DATE SAID IMPROVEMENTS
WERE ORDERED BY SAID CITY COUNCILS TO -WIT: AUGUST 25;. 19711. 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 SP.ID WORK AND ITS ACCEPTANCE BY THE CITY,
AND 20%u RESPECTIVELY ON OR BEFORE ONE YEARS 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 5 -112% PER ANNUM; OR
3. PAYMENTS TO BE MADE IN MAXIMUM OF 670 EQUAL INSTALLMENTS
THE FIRST OF WHICH SHALL BE PAID WITHIN 20 DAYS AFTER THE
COMPLETION OF SAID IMPROVEMENTS 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 FULLS TOGETHER WITH INTEREST FROM
THE DATE OF SAID COMPLETION AND ACCEPTANCE BY THE CITY
M
UNTIL PAID, AT THE RATE OF SIX AND ONE -IIALF PERCENT
PER ANNUM; PROVIDED, HOWEVER, THAT THE OWNERS
OF SAID PROPERTY AVAILING THEMSELVES OF OPTION "Z" OR
naJu ABOVE SHALL HAVE THE PRIVILEGE OF PAYING ONE, OR
ALL, OF SUCH INSTALLME14TS 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
PARCELS OF PROPERTY AND THE REAL AND TRUE OWNER OR OWNERS THEREOF AND THE
TIME AND TERMS OF PAYMENT, AND TO AID IN THE ENFORCEMENT THEREOF, ASSIGNABLE
CERTIFICATES SHALL BE ISSUED BY THE CITY OF CORPUS CHRISTI, TEXAS TO ITSELF
UPON THE COMPLETION OF SAID IMPROVEMENTS IN SAID STREETS AND ACCEPTANCE
THEREOF BY SAID CITY COUNCIL,WHI'CH CERTIFICATES SHALL BE EXECUTED BY THE
MAYOR IN THE NAME OF THE CITY, ATTESTED BY THE CITY SECRETARY, WITH THE
CORPORATE SEAL OF SAID CITY, AND WHICH CERTIFICATES SHALL DECLARE THE AMOUNTS
OF SAID ASSESSMENTS AND THE TIMES AND TERMS THEREOF, THE RATE OF INTEREST
THEREON, THE DATE OF THE COMPLETION AND ACCEPTANCE OF THE IMPROVEMENTS FOR
WHICH THE CERTIFICATE IS ISSUED, AND SHALL CONTAIN THE NAMES OF THE APPARENT
TRUE OWNER OR OWNERS AS ACCURATELY AS POSSIBLE, AND THE DESCRIPTION OF THE
PROPERTY ASSESSED BY LOT AND BLOCK NUMBER, OR FRONT FOOT THEREOF, OR.SUCH
OTHER 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 ASSESSMEI'T LEVIED HEREBY OR THE CERTIFICATE ISSUED
IN EVIDENCE THEREOF.
THAT 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 WITH REASONABLE
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ATTORNEY'S FEES AND ALL EXPENSES AND COSTS OF COLLECTIONS IF INCURRED AND
SAID CERTIFICATE SHALL SET FORTH AND EVIDENCE THE PERSONAL LIABILITY OF
THE REAL AND TRUE OWNER OR OWNERS OF SUCH PROPERTY, WHETHER NAMED OR
CORRECTLY NAMED THEREIN OR NOTE AND THE LIEN UPON SUCH PROPERTY AND THAT
SAID LIEN 15 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: AUGUST 25y 1"971; AND
SHALL PROVIDE IN EFFECT THAT IF DEFAULT SHALL BE MADE IN THE PAYMENT THERE -
OFD 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 YO 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, TEXASj 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 THE 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.
SECTIO14 7. THAT ALL SUCH ASSESSMENTS LEVIED ARE A PERSONAL
LIABILITY AND CHARGE AGAINST THE REAL AND TRUE OWNER OR OWNERS OF THE PRO-
PERTY DESCRIBED OR ATTEMPTED TO BE DESCRIBED NOTWITHSTANDING SUCH OWNER
510
•
•
OR OWNERS MAY NOT BE NAMED OR CORRECTLY NAMED AND ANY IRREGULARITY IN THE
NAME OF THE PROPERTY OWNER, OR THE DESCRIPTION OF ANY PROPERTY OR THE AMOUNT
OF ANY ASSESSMENTS OR IN ANY OTHER 14ATTER OR THING SHALL NOT IN ANYWISE IN-
VALIDATE OR IMPAIR ANY ASSESSMENT LEVIED HEREBY OR ANY CERTIFICATE ISSUED
AND SUCH MISTAKES OR ERRORS INVALIDITY OR IRREGULARITY WHETHER IN SUCH
ASSESSMENT OR IN THE CERTIFICATE ISSUED IN EVIDENCE THEREOF, MAY BED BUT IS
NOT REQUIRED TO BE, TO BE ENFORCEABLE, AT ANY TIME CORRECTED BY THE SAID
CITY COUNCIL OF'THE CITY OF CORPUS CHRISTI. FURTHER THAT THE OMISSION OF
SAID IMPROVEMENTS IN FRONT OF ANY PART OR PARCEL OF PROPERTY ABUTTING UPON
THE AFOREMENTIONED STREETS, WHICH 15 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 STREET; 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 THEROF, ARE THE SAME ASS OR LESS THAN, THE ESTIMATE OF SAID ASSESS-
MENT 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 i06'OF THE ACTS OF THE FIRST -
CALLED SESSION OF THE MOTH LEGISLATURE OF THE STATE OF TEXAS, KNOWN AS
ARTICLE 11058 OF VERNON'S ANNOTATED CIVIL STATUTES OF TEXAS AND THE CHARTER
OF THE CITY BF CORPUS CHRISTI, TEXAS UNDER WHICH TERMS] POWERS AND PROVISIONS
SAID PROCEEDINGS SAID IMPROVEMENTS AND ASSESSMENTS WERE HAD AND MADE BY
SAID CITY COUNCIL.
SECTION S. THE FACT THAT THE ABOVE- DESCRIBED STREETS HAVE BECOME
IMPORTANT THOROUGHFARES AND THE FACT THAT THE PRESENT CONDITION OF SAID
STREETS WITHIN THE LIMITS DEFINED ARE DANGEROUS TO THE HEALTH AND PUBLIC
WELFARE OF THE INHABITANTS THEREOF CREATES A PUBLIC EMERGENCY AND AN
IMPERATIVE PUBLIC NECESSITY, REQUIRING THE SUSPENSION OF THE CHARTER RULE
THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS
INTRODUCTIONS AND THAT SAID ORDINANCE SHALL BE READ AT _THREE SEVERAL MEETINGS
OF THE CITY COUNCILS AND THE MAYOR HAVING DECLARED THAT SUCH EMERGENCY AND
0
NECESSITY EXISTS, AND HAVING REQUESTED THAT SAID CHARTER RULE DC SUSPENDED,
AND THAT THIS ORDINANCE DE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION
AND TAKE EFFECT A14D DE IN FULL FORCE AND EFFECT FROM AND JAFTER ITS PASSAGE,
IT IS ACCORDINGLY SO ORDAINED, THIS rHEDaY of .' L.' 1971.
ATTEST:
J,
ATTEST:
CITY SECRETARY
APPRO12D:
DAY OF , 1971
_ /✓9 w
CITY TOR NE
4
MAYOR
THE CITY OF CO PUS STI, TEXAS
•
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
•
CORPUS CHRISTI TEXAS `/
.2fg- .AY OF J E''1�- �9 II
i
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING
ORDINANCES 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
MAYOR
THE CITY OF CORPUS CHR STIR TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
RONNIE SIZEMORE -
CHARLES A. BONNIWELL
ROBERTO BOSQUEZ -�
REV. HAROLD T. BRANCH
THOMAS Y. GONZA LES
GAGE LOZANO, SR. -
J.` HOWARD STARK
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWI G VOTE:
RONNIE SIZEMORE
CHARLES A. BONNIWELL
ROBERTO BOSQUEZ
REV. HAROLD T. BRANCH
THOMAS V. GONZALES
GABE LOZANO, SR.
J. HOWARD STARK