Loading...
HomeMy WebLinkAbout10873 ORD - 05/24/19727RR:dp:5- 22- 72:lst. " 1 AN ORDINANCE CLOSING THE HEARING GIVEN TO THE REAL AND TRUE OWNERS OF PROPERTY ABUTTING UPON THE HEREINAFTER NAMED STREET IN THE CITY OF CORPUS CHRISTI, TEXAS, TO -WIT: Gollihar Road from Caddo Street to Airline Road AND FINDING AND DETERMINING THAT PROPERTY ABUTTING SAID - STREET WILL BE SPECIFICALLY BENEFITTED AND ENHANCED IN VALUE IN EXCESS OF COST OF IMPROVEMENTS, AND LEVYING AN ASSESSMENT FOR PAYMENT; FIXING A CHARGE AND LIEN, 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 April 19, 1972, determined the necessity for and order the improvement of the following street: Gollihar Road from Caddo Street to Airline Road by the construction, reconstruction, repairing or realigning of concrete sidewalks, in the manner and according to the plans and specifications here- tofore approved and adopted by the City Council by ordinance dated April 19, 1972, 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 im- provements 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 contract for the construction of said improvements to their lowest and most advantageous bid and said contract has been awarded to Burtex Constructors. Inc. as authorized by Ordinance No. , dated May 24. 1972 , and the performance bond required by said contract has been properly furnished by said Burtex Constructors, Inc, 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 10873 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, the same has been received, examined and approved by said City Council; and WHEREAS, said City Council, by duly enacted ordinance dated April 19, 1972, did determine the necessity of levying an assessment for that portion of the cost of constructing said improvements on the abovenamed street, within the limits herein defined, to be paid by the abutting property and the real and true owners thereof, and by ordinance dated April 19, 1972, did order and set a hearing to be held at 3:00 o'clock P.M. on the 17th day of May, 1972, 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 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 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 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 twenty -one (21) -2- 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 May 17, 1972, 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 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 May 17, 1972 Page 12 Mayor Pro Tem Bonniwell resumed the Chair in the temporary absence of Mayor Sizemore and announced the public hearing scheduled for 3 :00 p.m. on Gollihar Road Improvements from Caddo to Airline Road. City Manager Townsend explained the purpose of the hearing was to comply with the statutes regarding paving assessments and explained the procedure to be followed. He stated that the Director of Engineering Services will present the plans and specifications of the project, and that Assistant City Attorney Jim McKibben will conduct the hearing, N Mr. McKibben stated that testimony will be heard from the Director of Engineering Services, and evaluation testimony from a real estate appraiser to substantiate the assessments which appear on the assessment roll, and that this hearing is to form a basis on which the Council, acting as a legislative body, would determine or establish the assessments on the abutting properties. Director of Engineering Services James K. Lontos was interrogated as to his occupation, time of residence in the City; formal qualifications and familiarity with the subject project. He presented the plans and specifications for the pro- posed improvements, explained the nature and extent, and pointed out the location by lots and blocks on the map. He stated that the project includes minor storm sewer adjustments, the standard 6 -inch curb and gutter sections, reinforced concrete sidewalks varying,in width from six feet along schools to the normal 4 feet wide; driveways where needed and requested by property owners, and storm sewers to properly drain the streets. He explained that a small storm sewer extension is proposed in Brock Drive and Bradshaw Drive to alleviate a small drainage problem; that the plans include the extension of the concrete box at Airline and Adel Drive to Drexel; stated that the assessment rates had been determined in accordance with the assessment policy of the City by taking the unit prices used in the low bid submitted by Burtex Constructors and applying these unit prices to the front footage of the abutting properties; that properties being used for residential purposes are being assessed the maximum rate established by ordinance which is $4.75 per linear foot; that the total cost of the construction shown on the preliminary assessment roll is $274,180.87; total estimated assessments, $41,114.83; and total cost to the City is $233,066.04. Minutes Regular Council Meeting May 17, 1972 Page 13 Mr. Patrick Horkin, attorney representing the Saint Pius X Catholic Church property, Lot B, Meadowbrook Unit 4, questioned the calculation of assessment rates on this property. Mayor Pro Tem Bonniwell asked Mr. Lontos to specifically explain how the rates had been calculated on the property identified as Item #27. Mr. Lontos stated the church property was assessed on the basis of the full residential rate, and that the determination was that the 5 -acre tract has a large frontage on St. Pius Drive, but that they also have access to the parking lot from Gollihar, and that this was considered as frontage because the plat does not show any side yard, and the building line is specifically classified as siding onto Gollihar. He further explained that the ordinance states that if property is deeper than 250 feet, as a matter of policy, it should be assessed as frontage. Mr. Harold Carr testified as to his identity as a real estate appraiser, time of residence in the City of Corpus Christi, occupation, experience as an appraiser, of all types of real estate, residential, commercial, vacant and rural, his present occupation as a real estate broker, and familiarity with the subject area and project. He filed his qualifications in writing with the Council. Mr. Carr described the general area, and pointed out the various uses, both business and residential; stated that there are no irregular shaped Lots; that he had personally examined each parcel of land and had checked each with the preliminary assessment roll, and that in his opinion each and every parcel would be enhanced in value as a result of the improve- ments at least to the extent of the assessment. Mr. Guy Winstead, owner of Lot 14, Block 8, Item 929, and Lot 15, Block 8, Item #29 -A, both in Koolside Addition, stated that he does have an odd - shaped lot. He inquired as to the amount of land that would be taken from off his property for curb and gutter, and as to the location of the driveway. He complained that he had been refused a building permit to improve the property because of the shape and size of the lot, and pointed out that if any more is taken, the property would be worth- less to him; that the proposed improvements would damage the property more than it could possibly enhance it, and that if he could not build and improve the property he would not pay the assessment. Minutes Regular Council Meeting May 17, 1972 Page 14 Mr. Lontos stated the Staff is having problems in the final survey of this tract; that the survey on the ground does rot agree with the plat, and there has been difficulty in verifying the corner lot size. (Mayor Sizemore reported at the meeting and resumed the Chair) � f City Manager Townsend explained that the Staff had met with Mr. Winstead and had not been able to verify the plat with the on- the - ground survey, but that they are in the process of tracing the records in an effort to resolve this problem. Mayor Sizemore asked Mr. Winstead if he would be satisfied with the assess- ments if he were granted a building permit, and Mr. Winstead stated he did not feel it his responsibility to hire an attorney or an appraiser, but if he could get a building permit and the City paid him for the right of way, he would be satisfied. Mr. Patrick Horkin questioned Mr. Carr if in his opinion theSaint Pius Catholic Church property would be enhanced to the same extent as other lots in Meadowbrook which abut on Gollihar, and Mr. Carr stated in his opinion this property would be enhanced more on the basis that the Church property gets a great deal of influence from Gollihar regardless of frontage; that it is a large tract of land and in itself is a large influence in the neighborhood; that the added convenience to the parishioners would be an enhancement, and that in his opinion the improve- ments would be a definite enhancement to the property. He further pointed out that if the property should in the future be sold and ceased to be used for church purposes, its greatest influence would come from Gollihar Street. Mr. Horkin com- mented that Catholic churches, as a rule, do not cease to exist as Catholic churches, to which Mr. Carr agreed, but stated his opinion was unchanged that the property would be enhanced at least in the amount of the assessment, and that its public benefit would be of benefit to the users of the Church. Mrs. Guy Winstead, 917 Airline Road, asked Mr. Carr to state a value per square foot on her property identified as Items 729 and #29A, and City Manager Townsend advised that Mr. Carr's assignment is only to determine if property so assessed would be enhanced at least to the amount of the assessment, Mayor Sizemore invited those in the audience whose properties appear on the preliminary assessment roll to state their objections, if any, to the assessments. Mr. Horkin, speaking on behalf of the St. Pius Catholic X Church, Item #27, opposed the assessments on Lot B, Meadowbrook Unit 4, on the basis that the prop- erty fronts on St. Pius Drive, and that the Paving Coordinator has prepared an Minutes REgular Council Meeting May 17, 1972 Page 15 assessment rate on the basis of the church property fronting on Gollihar Road. He stated he feels that according to the City ordinance, the Church is legally obliged to pay only 50% of the rate for sidewalks, curb and gutter, and 100% of the cost of the single driveway entering the property from Gollihar Road, and that this resolves itself to a point of law. Mr. Horkin filed his comments in writing for official record. Mr. Curtis Haley, Item #2, Lot 22, Block 7, Windsor Park Unit 1, spoke in opposition to the project in general but more specifically was opposed to the sidewalks. He stated he does not feel these improvements are needed; that his property is for rental purposes, and that the sidewalks would not benefit anyone. Mr. Roland G. Walker, Item x`16, Lot 16, Block 7, Meadowbrook Unit 3, stated he did not oppose the improvement project, but raised the question of park- ing regulations around King High School during school hours. Mr. Lontos explained that no parking would be allowed on the street with the exception of along the school for loading and unloading; explained the extra width in front of the school for this purpose, stating that parking would only be allowed on one side of the street at this point. Mr. Winstead complained that he will be deprived of parking which will further damage his property; that he owned the ground before it was platted; and that he had originally donated the right of way and had not been paid for it. No one else appeared to be heard in connection with the proposed street improvements. Motion by Stark, seconded by Bosquez and passed, that the hearing be closed. Motion by Bonniwell, seconded by Lozano and passed, that approval of assessments for Gollihar Road Improvements from Caddo to Airline Road, be deferred for further consideration pending a legal determination of whether or not the Saint Pius X Catholic Church Property, Item #27, sides or fronts on Gollihar. five zoning applications, and explained the procedure to be wed. City Manager Townsend presented Ap cation 7�C472 -2, The Planning Commis- sion, for change of zoning R -1B" One - family Dwelling District to "B -4" General Bus' s District, on a portion of Lot 3, Oso Farm Tracts (Herman Waters There being no further testimony offered or any further parties appearing to be heard, upon proper motion, duly seconded and unanimously carried, the said hearing was declared closed; and WHEREAS, no further parties appearing and no further testimony being offered as to the special benefits in relation to the enhanced value of said abutting property as compared to cost of the improvements of said portion of said street- proposed to be assessed against said property, or as to any errors, invalidities or irregularities, in the proceeding 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, 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 street. aforesaid within the limits to be improved as herein defined, will be enhanced in value and specially benefited by the construe- tion of said improvements upon the said street­ upon which said property abuts, in an amount in excess of the amount of the cost of said improvements - proposed to be, and as hereinbelow assessed against each and every said parcel of abutting property, and the real and true owners thereof, and said City Council did consider and correct all errors, invalidities or deficiencies called to its attention and did find that all proceedings and contracts were proper and in accordance with the Charter of said City and the laws of the State of Texas, under which those proceedings were being had, and the pro- ceedings of said City Council heretofore had with reference to such improve- ments, and in all respects to be valid and regular; and said City Council M did further find upon said evidence that the assessments hereinbelow made and the charges hereby declared against said abutting property on the portions of the street.- hereinabove described, 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 assess- ment 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 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 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 street , within the limits defined, that the special benefits in the enhanced value to accrue to said property and the real and true owner or owners thereof, by virtue of the construction of said improvements to said portion of said street• upon which said property abuts, will be in excess of the amount of the cost of said improvements as proposed to be, and as herein assessed against said abutting property and the real and true owners thereof, and finds that the apportionment of the cost of said improvements, and that all assessments hereinbelow made are just and equitable and produce substantial equality considering the benefits received and the burdens imposed thereby, and are in accordance with the Laws of the State of Texas, and the Charter provisions of the City -5- 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 street, 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 said portion of said street , and against the real and true-owners thereof, whether such real and true owner or owners be named or correctly named herein or not, the several sums of money 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- /� ASSESSMENT ROLL GOLLIHAR ROAD IMPROVEMENTS FROM CADDO TO AIRLINE ROAD The street is to be constructed by excavating to a width and depth to permit the laying of standard 6" curb and gutter sections, and the installation of pavement consisting as follows: 6" lime stabilized base, 8" compacted caliche, prime coat, 3" of Type B Asphaltic Concrete and 1" of Type D Asphaltic Concrete for a normal ef- fective width of 59' measured from back of curbs. Also to be constructed on this project are reinforced concrete sidewalks vary- ing in width from 6' wide along schools to the normal 4' wide 4" thick, drive- ways where needed and requested by property owners and storm sewers to properly drain the streets. In addition, storm sewer extensions in Brock and Bradshaw are included to alleviate a drainage problem. The assessment rates have been determined by taking the unit prices used in the low bid submitted by Burtex Constructors and applying these unit prices to the front footage of the abutting properties in accordance with the assessment policy. The rates are as follows: 1. Curb & Gutter & Pavement (standard rate) $10.873 2. Curb & Gutter & Pavement for Lot 1, Block C. South Staples Center $13.986 3. Curb & Gutter & Pavement for Lot C -2, Habluetzel Tract $14.797 4. Curb & Gutter & Pavement for Lot D -11 Habluetzel Tract $13.691 5. Sidewalks $ 0.571 50% assessed $ 0.285 6. Driveways $ 1.012 7. Header Curb $ 3.50 8. Properties that are being used for residential purposes are assessed the maximum rate established by Ordinance. This rate is $4.75 per L.F. Credits have been given for existing improvements such as curbs,, gutters, and pavements as well as sidewalks where they exist. TOTAL CONTRACT PRICE $274,180.87 7L , 7� TOTAL, ESTIMATED ASSESSMENTS TOTAL COST - CITY'S PORTION $233;066:04 Page " ITEM NO. OWNER AND PROPERTY DESCRIPTION QUANTITY ASSESSED a , DESCRIPTION OF ASSESSMENT RATE AMOUNT TOTAL AMOUNT ASSESSED GOLLIHfR ROAD CAIDO STREET TC AIRLINE ROAD NORTH SIDE 1. B. Wiley Mayden Company ]16.84 LF C,G, Pvmt. 3.986 1,634.12 437 Sheridan 403.36 SF Sidewalk 0.571 230.32 Lot 1, Block C 194.45 SF Driveway 1.012 196.78 South Staples Center 2,061.22 2. J.S. Daugherty 86.50 IF Pavement & CG' 2.375 205.44 792 Collingswood 466.00 SF Sidewalk 0.285 132.81 Lot 23, Block 3 -0- SF Driveway 1.012 -0- Windsor Park Unit 1 338.25 (Collingsw od Drive) 3. James R. McClintock 86.50 LF Pavement & CG 2.375 205.44 793 Collingswood 466.00 SF Sidewalk 0.285 132.81 Lot 22, Block 4 -0 -- SF Driveway 1.012 -0- Windsor Park Unit 4 338.25 4. R. L. Bleakley 86.50 LF Pavement & CG 2.375 205.44 910 Stirman 426.00 SF Sidewalk 0.285 121.41 Lot 23, Block 4 158.45 SF Driveway 1.012 160.35 Windsor Park Unit 1 6.00 SF Sidewalk (F) 0.571 3.43 490.63 (Lansdo Drive) Page ITEM NO. OWNER AND J,'ROPERTY DESCRIPTION QUANTITY ASSESSED I DESCRIPTION OF ASSESSMENT RATE AMOUNT TOTAL AMOUNT ASSESSED GOLLIHAR ROAD CAIDO STREET TC AIRLINE ROAD NORTH 31DE 5. William W. Ward 86.50 IF Pavement & CG 2.375 205.44 781 Lansdown 1+66.00 SF Sidewalk 0.285 132.81 Lot 21, Block 7 -0- SF Driveway 1.012 -0- Windsor Park Unit 1 8.00 SF Sidewalk (F) 0.571 4.57 342.82 6. C. F. Haley 86.50 IF Pavement & CG 2.375 205.44 782 Sharon 426.00 SF Sidewalk 0.285 121.41 Lot 22, Block 7 158.45 SF Driveway 1.012 160.35 Windsor Park Unit 1 12.00 SF Sidewalk (F) 0.571 6.85 494.05 (Sharon rive) 7.. Erwin J. Roberts 86.50 IF Pavement & CG 2.375 205.44 - 781 Sharon 394.00 SF Sidewalk 0.285 112.29 Lot 21, Block 8 270.45 SF Driveway 1.012 273.70 Windsor Park Unit 1 20.00 SF Sidewalk (F) 0.571 11.42 602.85 8. Guadalupe Escamilla 116.00 LF C,G, Pvmt. 2.375 275.50 782 Ashland 464.00 SF Sidewalk 0.285 132.24 - Lot 22, Block 8 -0- SF Driveway 1.012 -0- Windsor Park Unit 2 42.00 SF Sidewalk (F) 0.571 23.98 431.72 (Ashlan Drive) _ - - Page ITEM NO. ' OWNER AND PROPERTY DESCRIPTION QUANTITY ASSESSED d i DESCRIPTION OF ASSESSMENT RATE AMOUNT TOTAL AMOUNT ASSESSED GOLLIHf R ROAD CAD 0 STREET TO AIRLINE ROAD NORTH SIDE 9. Ophia Ellis 115.50 IF C,G, Pvmt. 2.375 274.31 10 Plaza Sq., Apt. 1440 462.00 SF Sidewalk 0.285 131.67 St. Louis, Missouri 63103 -0- SF Driveway 1.012 -0- Lot 21, Block 10 42.00 SF Sidewalk (F) 0.571 23.98 Windsor Park Unit 2 429.96 10. Theodore I. Smith 115.50 IF C,G, Pvmt. 2.375 274.31 788 Sheridan 386.00 SF Sidewalk 0.285 110.01 Lot 22, Block 10 246.45 SF Driveway 1.012 249.41 Windsor Park Unit 2 42.00 SF Sidewalk (F)' 0.571 23.98 657.71 (Sherid Drive) - 11. Mary Etta Bomba 116.50 IF C,G, Pvmt. 2.375 276.69 777 Sheridan 466.00 SF Sidewalk 0.285 132.81 Lot 21, Block 11 -0- SF Driveway 1.012 -0- Windsor Park Unit 2 42.00 SF Sidewalk (F) 0.571 23.98 433.48 12. C.C. Thomas 116.50 IF C,G, Pvmt. 2.375 276.69 782 Chase 418.00 SF Sidewalk 0.285 119.13 Lot 22, Block 11 162.45 SF Driveway 1.012 164.40 Windsor Park Unit 3 22.00 SF Sidewalk (F) 0.571 12.56 572.78 (Chase rive) Page 4 ITEM NO. OWNER AND PROPERTY DESCRIPTION QUANTITY ASSESSED ; DESCRIPTION OF ASSESSMENT RATE AMOUNT TOTAL AMOUNT ASSESSED GOLLIIU R ROAD CAIDO STREET TC AIRLINE ROAD NORTH 3IDE 13. J. J. Parker 116.50 LF C,G, Pvmt. 2.375 276.69 781 Chase 466.00 SF Sidewalk 0.285 132.81 Lot 21, Block 14 -0- SF Driveway 1.012 -0- Windsor Park Unit 3 22.00 SF Sidewalk (F) 0.571 12.56 422.o6 14. Bruce A. Bayerlein 116.50 LF C,G, Pvmt. 2.375 276.69 782 Pennington 426.00 SF Sidewalk 0.285 121.41 Lot 22, Block 14 138.45 SF Driveway 1.012 140.11 Windsor Park Unit 3 18.00 SF Sidewalk (F) 0.571 10.28 548.49 (Penningt Drive) 15. Mrs. Larry Hunt u6.50 LF C,G, Pvmt. 2.375 276.69 781 Pennington 466.00 SF Sidewalk 0.285 132.81 Lot 21, Block 15 -0- SF Driveway 1.012 -0- Windsor Park Unit 3 18.00 SF Sidewalk (F) 0.571 10.28 419.78 16. Roland G. Walker 117.68 LF C,G, Pvmt. 2.375 279.49 762 Monette 470.72 SF Sidewalk 0.285 134.16 Lot 16, Block 7 -0- SF Driveway 1.012 -0- Meadowbrook Unit 3 413.65 ( Monette Drive) - _ _ Page 5 ITEM NO. OWNER AND PROPERTY DESCRIPTION QUANTITY ASSESSED 9 DESCRIPTION OF ASSESSMENT RATE AMOUNT TOTAL AMOUNT ASSESSED GOLL ROAD CAIDO STREET TO AIRLINE ROAD NORTH 31DE 17. Phillip M. Wal_lock 116.00 LF C,G, Pvmt. 2.375 275.50 761 Monette 464.00 SF sidewalk 0.285 132.24 Lot 1, Block 8 -0- SF Driveway 1.012 -0- Meadowbrook Unit 3 407.74 18. "Herbert J. Lehn 116.00 IF C,G, Pvmt. 2.375 275.50 718 Burkshire 464.00 SF Sidewalk 0,285 132,24 Lot 32, Block 8 -0- Driveway 1.012 -0- Meadowbrook Unit 3 407,74 (Burkshi Drive) 19. Richard T. Battles 116.00 LF C,G, Pvmt. 2.375 275.50 757 Burkshire 464.00 SF Sidewalk 0.285 132.24 Lot 1, Block 9 -0- SF Driveway 1.012 -0- Meadowbrook Unit 3 407.74 20. Melvin L. Faw 116.00 LF C,G, Pvmt. 2.375 275.50 762 Meadowbrook 464.00 SF Sidewalk 0,285 132,24 Lot 24, Block 9 -0- SF Driveway 1.012 -0- Meadowbrook Unit 3 407.74 (Meadowbro )k Drive) Page 6 ITEM NO. OWNER AND PROPERTY DESCRIPTION QUANTITY ASSESSED 9 i DESCRIPTION OF ASSESSMENT RATE AMOUNT TOTAL AMOUNT ASSESSED GOLLIHAI ROAD CAD DO STREET TO AIRLINE ROAD NORTH 3IDE 21. Gene S. Villarreal 116.00 IF C,G, Pvmt. 2.375 275.50 761 Meadowbrook 464.00 SF Sidewalk 0.285 132.24 Lot 2, Block 10 -0- SF Driveway 1.012 -0- Meadowbrook Unit 3 407.74 22. "Henry H. Wade 116:00'LF C;G, Pvmt. 2.375 275.50 766 Brock 464.00 SF Sidewalk 0.285 132.24 Lot 1, Block 10 -0- SF Driveway 1.012 . -0- Meadowbrook Unit 3 407.74 (Brock )rive) 23. Roy H. Markwardt 116.00 IF C,G, Pvmt. 2.375 275.50 765 Brock 464.00 SF Sidewalk 0.285 132.24 Lot 2, Block 11 -0- SF Driveway 1.012 -0- Meadowbrook Unit 3 407.74 24. L. M. Atkins 116.00 IF C,G, Pvmt. 2.375 275.50 758 Bradshaw 464.00 SF Sidewalk 0.285 132.24 Lot 1; Block 11 -0- SF Driveway 1.012 -0- Meadowbrook Unit 3 407.74 (Bradshaw Drive) Page 7 a ITEM OWNER AND QUANTITY DESCRIPTION TOTAL NO. PROPERTY DESCRIPTION ASSESSED OF RATE AMOUNT AMOUNT ASSESSMENT ASSESSED GOLLIHA.1 ROAD C 0 STREET TO AIRLINE ROAD NORTH 31DE 25. John C. Wyeth 116.00 IF C,G, Pvmt. 2.375 275.50 761 Bradshaw 464.o0 SF Sidewalk 0.285 132.24 Lot 1, Block 14 -0- SF Driveway 1.012 -0- Meadowbrook Unit 3 407.74 26. 'Norma Van Loh Barlow 116.00 IF C,G, Pvmt. 2.375 275.50 766 St. Pius 464.00 SF Sidewalk 0.285 132.24 Lot 14, Block 14 -0- SF Driveway 1.012 -0- Meadowbrook Unit 3 407.74 (St. Pius Drive) ' -27. Saint.Pius X Catholic 392.19 IF' C,G, Pvmt. °�'cv� Church 1448.76 SF Sidewalk 0.571 747 St. Pius 543.45 SF Driveway 1.012 549.97 Lot B Meadowbrook Unit 4 • /BYJ�m� ` 28. H. D. Detterman 140.00 IF C,G, Pvmt. 2.375 332.50 841 Lum 480.00 SF Sidewalk 0.285 136.80 Lot 1, Block 9 *29.26 SF Driveway * 1.012 29.61 Koolside Addition 498.91 *Credit Existing Drivewa (Lum Alnue) Page 8 ITEM NO. OWNER AND PROPERTY DESCRIPTION QUANTITY ASSESSED � DESCRIPTION OF ASSESSMENT RATE AMOUNT TOTAL AMOUNT ASSESSED GOLLIH 2 ROAD C DO STREET T AIRLINE ROAD • NORTH SIDE 29. Guy D. & Ruby Winstead 140.00 LF C, G, Pvmt. 2.375 332.50 917 Airline 560.00 SF Sidewalk 0.285' 159.60 Lot 14, Block 8 492.10 Koolside Addition 29 -A' Guy D. & Ruby Winstead 486.90 SF Driveway (F) 1.012 492.74 917 Airline 45.00 LF Sidewalk Curb 3.500 157.50 Lot 15, Block 8 108.47 LF C,G, Pvmt. (F) 10.873 1,179.39 Koolside Addition 291.00 SF Sidewalk (F) 0.571 166.16 1,995-79 30. Ronald C. & Joseph V. 135.00 LF C,G, Pvmt. (F) 10.873 1,467.86 Fuedo 640.00 SF Sidewalk (F) 0.571 365.44 831 Airline 250.29 SF Driveway (F) 1.012 253.29 Lot 1, Block 8 76.00 LF Sidewalk Curb 3.500 266.00 Koolside Addition 2,352.59 (Airlin Road) (Go Llihax Road d North Side) Page c) ITEM NO. OWNER AND PROPERTY DESCRIPTION QUANTITY ASSESSED 3 DESCRIPTION OF ASSESSMENT RATE AMOUNT TOTAL AMOUNT ASSESSED GOLLIHAi ROAD CAD DO STREET TO AIRLINE ROAD SOUTH 3IDE 31. Martin B. Pigott, Jr. 39.00 IF C,G, Pvmt. 14.797 577.08 4322 South Staples 4.00 SF Sidewalk 0.571 2.28 Lot c -2 -0- SF Driveway 1.012 -0- Habluetzer Tract 579.36 32. Mrs. Elsie A. Gelback 83.00 IF C,G, Pvmt. 13.691 1,136.35 4328 South Staples 332.00 SF Sidewalk 0.571 189.57 Lot d -; -0- SF Driveway 1.012 -0- Habluetzer Tract 1,325.92 (Collings wo d Drive) (Mustang Trail) 33• Corpus Christi Independent 1338.56 IF C,G, Pvmt. (F) 4.75 6,358.16 School District 6498.36 SF Sidewalk (F) 0.571 3,710.56 515 North Carancahua 1589.00 SF Driveway (F) 1.012 1,608.07 Park Plaza School Tract 11,676.79 (Meadowbro k Drive) - 34. George Rahn 107.00 LF C,G, Pvmt. 2.375 254.12 902 Meadowbrook -0- SF Sidewalk 0.285 -0- Lot.14, Block 7 -0- SF Driveway 1.012 -0- Park Plaza Add. Unit 1 254,12 35. Floyd P. Butler 107.00 IF CA, Pvmt. 2.375 254.12 901 Brock -0- SF Sidewalk 0.285 -0- Lot 13, Block 7 -0- SF Driveway 1.012 -0- Park Plaza Add. Unit 1 254.12 OWNER AND PROPERTY DESCRIPTION CA Abel Chapa 902 Brock. .Lot_13, Block 4 Park Plaza Add. Unit 1 Terrance C. O'Brien 901 Bradshaw Lot 14," Block 4 Park Plaza Add. Unit 1 Harry A. Wright 902 Bradshaw Lot 11, Block 3 Park Plaza Add. Unit 1 Gerald S. Plougher 901 Zarsky Lot 1, Block 4 Green Acres Village *Credit Existing Curb an • �I RATE 2.375 0.285 1. 012 2.375 0.285 1.012 2.375 0.285 1.012 2.375 0.285 1.012 Fag( AMOUNT 254.12 -0- -0- 2'54.12 -0- -0- 254.12 -0- -0- 182.87 -0- -0- u QUANTITY DESCRIPTION ASSESSED OP ASSESSMENT GOLLIHA ROAD 0 STREET TO AIRLINE ROAD SOUTH IDE (Brock )rive) 107.00 LF C,G, Pvmt. -0- SF Sidewalk -0- SF Driveway 107.00 LF C,G, Pvmt. -0- SF Sidewalk -0- SF Driveway (Bradshaz Drive) 107.00 LF C,G, Pvmt. -0- SF Sidewalk -0- SF Driveway C, G * (309 77.00 LF Pavement & CG -0- SF Sidewalk -0- SF Driveway i Gutter ( Zarsky rive) RATE 2.375 0.285 1. 012 2.375 0.285 1.012 2.375 0.285 1.012 2.375 0.285 1.012 Fag( AMOUNT 254.12 -0- -0- 2'54.12 -0- -0- 254.12 -0- -0- 182.87 -0- -0- Page 11 ITEM NO OWNER AND PROPERTY DESCRIPTION QUANTITY ASSESSED 5 DESCRIPTION OF ASSESSMENT RATE AMOUNT TOTAL AMOUNT ASSESSED GOIJjIHA3 ROAD CAI DO STREET TO AIRLINE ROAD SOUTH 3IDE 40. Stanley Steve Konarik C,G * (30') 902 Zarsky 77.00 IF Pavement & CG 2.375 182.87 Lot 1, Block 1 -0- SF Sidewalk 0.285 -0- Green Acres Village -0- SF Driveway 1.012 -0- 10.00 SF Sidewalk 0.571 5.71 *Credit Existing Curb aid Gutter 188.58 41. Windsor Park Baptist C, G * (301) Church 77.00 IF Pavement 2.375 182.87 506 Chase -0- SF Sidewalk 0.285 -0- Lot 11, Block 9 -0- SF Driveway 1.012 -0- Green Acres Village No. 2 182.87 *Credit Existing Curb ari Gutter (Salem )rive) 42. John Henry Si.ebe--t C, G * (30' ) 902 Salem 77.00 IF Pavement & CG 2.375 182.87 Lot 11, Block 10 -0- SF Sidewalk 0.285 -0- Green Acres Village No. 2 -0- SF Driveway 1.012 -0- *Credit Existing Curb ani Gutter 182.87 43. Sheldon Jennings 140.00 IF C,G, Pvmt. 2.375 332.50 901 Lum 480.00 SF Sidewalk 0.285 136.80 Lot 11, Block 10 -0- SF Driveway * 1.012 -0- Koolside Addition 4,69-30 *Credit Existing Drivewsr (Lum A nue) Page 12 913.33 0.571 p 1.012 -0- ITEM OWNER AND QUANTITY DESCRIPTION 10.873 565.40 TOTAL NO. PROPERTY DESCRIPTION ASSESSED OF RATE AMOUNT AMOUNT 713.86 ASSESSMENT ASSESSED GOLLIHffi ROAD CAD )O STREET TO AIRLINE ROAD SOUTH 31DE 44. Lilliput School, Inc. 145.50 IF C,G, Pvmt. (F) 10.873 1,582.02 Mrs. Genevieve Reddam -0- SF Sidewalk -0- -0- 506 Brock -0- SF Driveway -0- -0- 45. 46. Lot 21 & 22, Block 7 Koolside Addition R. 0. Woodson Gibson Discount Store 1330 Kostoryz Lot 26, Block 6 Koolside Addition Phillips Mkt. Service 2100 Lipan Lot 25, Block 6 Koolside Addition (Dorthy treet) 84.00 IF C,G, Pvmt. (F) 336.00 SF Sidewalk (F) -0- SF Driveway 52.00 IF 260.00 SF -0- SF Road E C,G, Pvmt. (F) Sidewalk (F) Driveway Road) d South Side) 1,582.02 lo.873 913.33 0.571 191.86 1.012 -0- 1,105.19 10.873 565.40 0.571 148.46 1.012 -0- 713.86 Total IQ`7 7Y 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 street above described, within the limits defined, shall pay for said improvements under the "FRONT FOOT RULE OR PLAN ", which rule or plan is hereby found and determined to be just and equitable and to produce a substantial equality, having in view the special benefits to be received and the burdens imposed thereby; and it is further ordainee that upon final completion and acceptance of said improvements on the aforesaid street., within the limits defined all certificates herein- after provided fo -, 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 Engineering Services upon completion of said work on said street, and the findings of the Director of Engineering Services 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 street , 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 -7- 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: April 19., 1972, 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 enforce- able 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 thesproperty „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 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 IM 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 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, assign- able certificates shall be issued by the City of Corpus Christi, Texas to itself upon the completion of said improvements in said street, and acceptance thereof by said City Council, which certificates shall be executed by the a,,14ayor•.in- the,name <of the,City,,- attested *by the,GityaSecretary, -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 assessment 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 ai 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 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 -9- charges, except for lawful ad valorem taxes, from and after the date said improvements were ordered by said City Council, to -wit: April 19, 1972, 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 regularly had in compliance with the law and Charter in force in said City and the proceedings of said City Council of said City, and that all prerequisites to the fixing of the assessment lien against the property therein described, or attempted to be described, and the personal liability of the real and true owner or owners thereof, evidenced by such certificates, have been regularly done and performed, which recitals shall be evidence of all the matters and facts so recited and no further proof thereof shall be required in any Court. That said certificates shall further provide in effect that the City of Corpus Christi, Texas, shall exercise all of its lawful powers, in the enforcement and collection thereof, and said certificates may contain other and further recitals, pertinent and appropriate thereto. It shall not be necessary that said certificates shall be in the exact form as above set forth, but the substance and effect thereof shall suffice. 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 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 corrected by the said City Council of the City of Corpus Christi. Further that the omission of said improvements in front of -10- any part or parcel of property abutting upon the aforementioned street, 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 street; and that the total amounts assessed against the respective parcels of property abutting upon said street,, within the limits herein defined and the real and true owner or owners thereof, are the same as, or less than, the estimate of said assessment prepared by the Director of Engineering Services and approved and adopted by said City Council and are in accordance with the proceedings of said City Council relative to said improve- ments 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 importance to the public of determining the assess- ments against property owners and thereby enabling construction to proceed as promptly as possible creates a public emergency and imperative public necessity requiring the suspension of the Charter rule that no ordinance or resolution shall be passed finally on the date of its introduction but that such ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor having declared such emergency and necessity to exist, and having requested the suspension of the Charter rule 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 24th day of May, 1972. ATTEST; / J Cit37-SecretarNI / MAYOR ! THE CITY OF CO U CHRISTI, TEXAS APPROVED: / Day of May, 1972: Aelxe C ty A�tt`ofr`neey _ - - _v ..c .- .a.. a5.t. x�a��_.•. -44 s•n ;=y-k P ^oai�.. . - ,.. °:'-. -,f ^� :.5,�.".. •.s ;ia. ,., k�. '-, -.. _ -.,_ CORPUS CHRISTI, TEXAS �7 j DAY OF , 19 / 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 13E 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. RE TFULLY, .O MAYOR THE CITY OF CORPS HRISTI, TEXAS V THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: RONNIE SIZEMORE CHARLES A. BONNIWELL ✓ - ROBERTO BOSQUEZ, M.D. ✓ REV. HAROLD T. BRANCH t/ i . > THOMAS V. GONZA LES GAGE L02AN0, SR. (� J. HOWARD STARK THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: RONNIE SIZE MORE CHARLES A. BONNIWELL f ( ROBERTO BOSQUEZ, M.D. ✓ REV. HAROLD T. BRANCH ✓ THOMAS V. GONZALES /✓ ' GAGE LO ZANO, SR. J. HOWARD STARK ry