HomeMy WebLinkAbout11028 ORD - 08/09/19726/26/2 /72
6/72:1st -
AN ORDINANCE
CLOSING THE HEARING ON STREET IMPROVEMENTS FOR THE
FOLLOWING STREETS:
AIRLINE ROAD, FROM 300 FEET NORTH OF ALAMEDA STREET
TO OCEAN DRIVE;
AND FINDING AND DETERMINING THAT PROPERTY ABUTTING
SAID STREETS WILL BE SPECIFICALLY BENEFITED AND
ENHANCED IN VALUE IN EXCESS OF COST OF THE IMPROVEMENTS
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 24th DAY OF May ,
1972, DETERMINED THE NECESSITY FOR, AND ORDERED THE IMPROVEMENT OF THE
FOLLOWING STREETS:
Airline Road, from 300 feet north of Alameda Street to Ocean
Drive
IN THE MANNER AND ACCORDING TO THE PLANS AND SPECIFICATIONS HERETOFORE
APPROVED AND ADOPTED BY THE CITY COUNCIL BY ORDINANCE DATED May 24,
1972, 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
11028
WEREAS, 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 CFIARTER 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 Heldenfels Brothers
AS AUTHORIZED BY ORDINANCE NO. ,,DATED June 28, 1972 , 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 ENGINEER-
ING 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
May 24, 1972 , 010 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 24, 1972 , DID ORDER AND SET A HEARING TO BE HELD AT 4:00 P.M. ,
ON THE 21st DAY OF June, 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 OW141NG OR CLAIMING ANY INTEREST IN, OR OTHERWISE INTERESTED
IN SAID PROPERTY, OR ANY OF SAID MATTERS AS TO THE ASSESSMENTS AND AMOUNTS
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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 A14Y 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 PROVI-
SIONS 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
110561 VERNON'S ANNOTATED CIVIL 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 June 21, 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:
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Minutes
Regular Council Meeting
June 21, 1972
Page 10
City Manager Townsend explained that the Staff is aware of this problem and
presently in the p ocrhe the oTrecpr►iri4 -a subdivider to so drain- -his property so it will not drain
across adjacent property. He stated the problem will -66 farther. investigated and a report
submitted next week.
Mayor Pro Tern Bonniwell announced the public hearing on assessments for
street improvements on Airline Road from 300' north of Alameda Street to Ocean Drive.
City Manager Townsend stated the purpose of the hearing and explained the
procedure to be followed; that testimony will be heard from the City Engineer and evolua-
tion 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.
Senior Assistant City Attorney, Michael May, conducted the hearing. He
interrogated Director of Engineering Services James K. Lantos as to his occupation, time
of residence in the City; formal qualifications, and familiarity with the subject project.
He called on Mr. Lantos to present the plans and specifications for the proposed improve-
ments.
Mr. Lantos described the overall project from a strip map; explained the nature,
extent and specifications; stated that the plans and specifications have been prepared in
accordance with the approved preliminary plans approved by Council action December 26,
1971; that the plans show Airline to be four moving lanes from Gaines to Ocean Drive with
a continuous left turn lane from Gaines to Alameda; a right turn lane is proposed at Airline
and Ocean Drive; the basic width is 49' measured from back of curb to back of curb, with
Hie width becoming 61' from Gaines to Alameda; that storm sewers, curb and gutter and
sidewalks are included; that the sidewalks are included along both sides of the street with
the sidewalk tied to the curb along the north side and the sidewalk along the property litre
on the south side. He explained that the excavated material, other than broken concrete
or other undesirable materials, would be placed along the parks on Ocean Drive near South
Shores. He stated the total contract price, based on the low bid submitted by Heldenfels
Brothers was $148,919.10; the total estimated assessments were $49,710.60, and the total
Minutes
Regular Council Meeting
June 21, 1972
Page II
cost to the City was $109,208.50; that the assessment rates have been determined in accordance
with the present policy of the City by applying the unit prices obtained by the low bid to the
front footage of the abutting properties as shown on the preliminary assessment roll.
Mr. Harold Carr testified as to his qualifications as a real estate appraiser,
time of residence in the City, occupation, and familiarity with the subject project. He filed
a statement of his qualifications with the City Secretary. He described the general area and
uses, stating that he was familiar with the project, had examined each and every parcel of
land; that there are no unusual shaped lots and few unusual conditions; that all the properties,
other than the Seaside Memorial Cemetery and the South Shore Christian Church, either side
up or back up to Airline, and that adjustments have been made on the assessment roll. He
pointed out that the South Shore Christian Church fronts on Alameda and sides up to Airline
and that the Church uses the property abutting Airline as a parking lot. He stated he had
personally viewed the assessment roll relative to each of the properties, and that in his
opinion, each of the properties, so assessed, would be enhanced in value at least in the
amount of the assessment.
To substantiate his opinion that Seaside Memorial Cemetery would be benefited
in the amount of the assessment, Mr. Carr read and filed for record a statement, pointing out
that the cemetery will receive benefits from the program in that the amenities of the cemetery
and the adjoining neighborhood will be increased as shown by the landscaping; and that such
amenities aid in the sale of cemetery plots; that improved drainage, general appearance of
the cemetery, and the large portion which is undeveloped along Airline Road will be
especially benefited by the street improvements.
Although no mention was made at the meeting, letters were filed for record
from the following persons on behalf of the Seaside Memorial Cemetery in opposition to the
opinion that the Cemetery would be benefited as a result of the improvements: Mr. Curtis
Hall, 322 Wilson Building; Mr. Roy Caldwell, reoltor, P. O. Box 6424; and Mr. Vaughn
Bowen, 517 Glaaebrook. The opposition was generally on the basis that the land Is dedicated
for a single purpose, the value before and after such improvements would remain constant,
and that no ingress or egress requirements will ever be needed from Airline Road.
Minutes
Regular Council Meeting
June 21, 1972
Page 12
Mr. Ken Loosemore, 4646 Wilma, inquired as to the plans for parking on either
side of Airline and Was advised that "No Parking" signs will be erected for both sides of the
street ,
Motion by Branch, seconded by Lozano and passed, that the hearing be closed
and tabled for evaluation of the foregoing testimony. Mayor Pro Tom Bonniwell requested
that the record show that he disqualified himself from voting relative to Item 08, shown on
the assessment Roll as Seaside Memorial Cemetery.
There being no further business to come before the Council, the meeting was
adjourned at 4;30 p.m. June 21, 1972.
s
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 STREETS 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 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 BENEFITED 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 IMPROVEMENTS
PROPOSED TO BE, AND AS HEREINSELOW ASSESSED AGAINST EACH AND EVERY SAID
PARCEL OF ABUTTING PROPERTY, AND THE REAL AND TRUE OWNERS THEREOF, AND SAID
CITY COUNCIL DID CONSIDER AND CORRECT ALL ERRORS, INVALIDITIES OR DEFICIENCIES
CALLED TO ITS ATTENTION AND DID FIND THAT ALL PROCEEDINGS AND CONTRACTS WERE
PROPER AND IN ACCORDANCE WITH THE CHARTER OF SAID CITY AND THE LAWS OF THE
STATE OF TEXAS, UNDER WHICH THOSE PROCEEDINGS WERE BEING HAD, AND THE 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
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DID FURTHER FIND UPON SAID EVIDENCE THAT THE ASSESSMENTS HERE INDELOW MADE
AND THE CHARGES HEREBY DECLARED 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 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 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 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 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 THE
BENEFITS RECEIVED AND THE BURDENS IMPOSED THEREBY, AND ARE IN ACCORDANCE
WITH THE LAWS OF THE STATE OF TEXAS, AND THE CHARTER PROVISIONS OF THE CITY
OF CORPUS CHRISTI, TEXAS, AND THAT THE PROCEEDINGS AND CONTRACT HERETOFORE
k
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 NOTE HAVE BEEN IN ALL THINGS REGULARLY HAD AND
PERFORMED IN COMPLIANCE WITH THE LAWS 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 166 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 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 COUNCILi BEING AS FOLLOWS, TO -WIT:
G
REVISED ASSESSMENT ROLL /
• AIRLINE ROAD IMPRO- a,0VTS FROM 300' NORTH OF ALCM EDA STREET TO OCEAN DRIVE •
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:
11" lime stabilized base, prime coat, 3 -3/4" of Type "B" Asphaltic Concrete
and 1 -1/2" of Type "D" Asphaltic Concrete for a normal effective width of
49' measured from back of curbs between Ocean Drive and Gaines and 61' mea-
sured from back to back of curbs from Gaines to near Alameda.
Also to be constructed on this project are reinforced concrete sidewalks varying
in width from 5'. wide where they abut against curb to the normal 4' wide 4" thick,
driveways where needed and requested by property owners and and storm sewers to
properly drain the streets.
The assessment rates have been determined by taking the unit prices used in the
low bid submitted by Heldenfels Brothers 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)
$12.25/LF
2. Curb & Gutter & Pavement for Lot 1, Unit 12
Ocean Village Estates
$13 -71/LF
3. Curb & Gutter & Pavement for Lot 2, Brentwood
Community Center & Lot 1, Block 1, Brentwood
Village
15.23/LF & $12.41 /LF
4. Sidewalks
0.55 /SF
50% assessed
0.28 /SF
I
5. Driveways
1.17 /SF
6. 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 $148,919.10
TOTAL ESTIMATED ASSESSMENTS $ 26,740.80
TOTAL COST.- CITY'S PORTION $122,178.30
Submitted by:
James K. Lontos, P.E.
Director of Engineering Services
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Page
ITEM
NO.
OWNER AND
PROPERTY DESCRIPTION
QUANTITY
ASSESSED
DESCRIPTION
OF
ASSESSMENT
RATE
AMOUNT _
TOTAL
AMOUNT
ASSESSED
.AIRLINE
ROAD - ALPM
DA TO OCEAN DRIVE
Beginning
at a point
proximately 2C5.4,
South of the NIE cc
rner of Lot
, Block 9, Br
kdale fi
idit ion
West
Side
(Alameda
Street)
1.
South Shores Christian
203.40 IF
C,G, Pvmt.
2.38
484.07
4710 South Alameda
708.60 SF
Sidewalk
0.28
198.40
Lot A, Block 9
291.34 SF
Driveway
1.17
340.87
Brookdale Addition
1,023.36
2.
Jack 'Bruce
241.49 LF
C,G,'Pvmt.(S)
2.38
574.75
4637 Monette
965.96 Sr
Sidewalk
0.28
270.47
Lot 14, Block 9
845.22
Brookdale Park
(Monett
Drive)
3.
John W. Armstrong
120.00 IF
C,G, Pvmt.(S)
2.38
285.6o
4501 Leopard
480.00 sF
Sidewalk
0.28
134.40
Lot 21, Block 8
420.00
Brookdale Park
4.
Gilbert F. Nemec
120.00 IF
C,G, Pvmt. (S)
2.38
285.6o
_
4645 Wilma Drive
480.00 SF
Sidewalk
0.28
134.40
-
Lot 20, Block 8
420.00
Brookdale Park
(Wilma
rive)
5.
Kermeth H. Loosemore
120.00 IF
C,G, Pvmt. (S)
2.38
285.60
4646 Wilma Drive
480.00 SF
Sidewalk
0.28
134.40
Lot 10, Block 7
420.00
Brookdale Perk
•' Page
ITEM
NO.
OWNER AND
PROPERTY DESCRIPTION
QUANTITY
ASSESSED
4
DESCRIPTION
OF
ASSESSMENT
RATE
AMOUNT
TOTAL
AMOUNT
ASSESSED
AIRLINE
ROAD -
A TO OCEAN DRI
7E
West
3ide
6.
Wayne W. Rasmussen
120.00 LF
C,G, Pvmt. (S)
2.38
285.60
% Ed Slavik
480.00 SF
Sidewalk
0.28
134.40
835 Petroleum Tower
420.00
Lot 9
Brookdale Park
(Jarvis
rive)
7.
Elmer Nordell
100.65 LF
C,G, Pvmt. (S)
2.38
239.55
4634 Jarvis
402.60 SF
Sidewalk
0.28
112.73
Lot 8, Block 6
352.28
Brookdale Park
(Gaines
treet)
8.
Seaside Memorial Cemetery
1096.38 LF
C,G, Pvmt.
2.38
2,609.38
Jack Ryan *
5481.90 SF
Sidewalk
0.28
1,534.93
4,144.31
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Phil Massad
436.58 LF
C,G, Pvmt.
13.71
5985.51
"
P. 0. Box 3053
2182.90 SF
Sidewalk
0.55
1200.60
Lot 1, Unit 1
7186.11
Ocean Village Estates
*The total assessment has
een reduced
from $16,445-7L
to $4,
44.31 with
the
condition that should the
use of the
Land change or
cess b
requested
from
Airline the difference wiLl
be paid br
the Seaside M
morial
LSsociation
Separate agreement is fit
d for recori
on this.
Page
ITEM
NO.
OWNER AND
PROPERTY DESCRIPTION
QUANTITY
ASSESSED
P
DESCRIPTION
OF
ASSESSMENT
RATE
AMOUNT
TOTAL
AMOUNT
ASSESSED
AIRLINE
ROAD -
A TO OCEAN DRI
1E
East
Dide
(Alameda
treet)
10.
Melvin M. Stein
29.00 LF
Pvmt. only
12.41
359.89
28 Aspen Road
248.08 LF
C,G, Pvmt.
15.23
3778.26
Scarsdale, N.Y. 10583
*556.00 SF
Sidewalk
0.55
305.80
Lot 2, Brentwood Commimit
4+43.95
Center and Lot 1, Block
1, Brentwood Village
*Credit Existing Sidewalk
(Monett
Drive)
11.
E. B. Hodge
126.42 IF
C,G, Pvmt. (S )
2.38
300.88
4802 Monette
* 0.00 SF
Sidewalk
0.28
0.00
Lot 22, Block 2
* 0.00 SF
Driveway
1.17
0.00
Brentwood Village
3oo.88
*Credit Existing Sidewalk
Driveway
12.
W. D. Pickett
126.42 LF
C,G, Pvmt. (S)
2.38
300.88
433 Wilma Drive
* 0.00 SF
Sidewalk
0.28
0.00
Lot 1, Block 2
300.88
Brentwood Village
_
*Credit Existing Sidewalk
;
(Wilma
)rive)
13.
Antonio B. Rosales
134.84 F
C,G, Pvnt. (S)
2.38
320.92
434 Wilma. Drive
* 0.00 SF
Sidewalk
0.28
0.00
Lot 12, Block 3
320.92
Brentwood Village
*Credit Existing Sidewalk
Page
ITEM
NO.
OWNER AND
PROPERTY DESCRIPTION
QUANTITY
ASSESSED
DESCRIPTION
OF
ASSESSMENT
RATE
AMOUNT
TOTAL
AMOUNT
ASSESSED
AIRL
ROAD -
DA TO OCEAN DRIVE
East
3ide
14.
Lamar Gentlemen
134.84 LF
C,G, Pvmt. (S)
2.38
320.92
4701 Jarvis
* 0.00 SF
Sidewalk.
0.28
0.00
Lot 1, Block 3
320.92
Brentwood Village
*Credit Existing Sidewalk
(Jarvis
rive)
15.
Aded H. Brown
195.39 LF
C,G, Pvmt. (S)
2.38
465.03
4702 Jarvis
0.00 SF
Sidewalk
0.28
0.00
Lot 1, Block 4
465.03
Brentwood Village
*Credit Existing Sidewalk
(North P/L of
Lot 1, Blocc
4, Brentwood
illage)
Begin» oina at this point aaL
properties
back onto stre
t being
improved with
all improvements in front
f property
md no access t
Airlin
Road
Page --�
ITEM
NO.
OWNER AND
PROPERTY DESCRIPTION
QUANTITY
ASSESSED
DESCRIPTION
OF
ASSESSMENT
RATE
AMOUNT
TOTAL
AMOUNT
ASSESSED
ROAD - ALA4EDA
TO OCEAN D
UVE
Beginning at
the S1W P/L
of Lot 2, Cam
n Place
16.
Billy W. Dawe
138.00 LF
C,G, Pvmt. (S)
2.38
328.4+
2 Camden
552.00 SF
Sidewalk
0.28
154.56
Lot 2
483.00
Camden Place
17.
"David T. Moore
152.18 LF
C,G, Pvmt.' (S)
2.38
362.19
1 Camden
608.72 SF
Sidewalk
0.28
170.4+
Lot 1
532.63
Camden Place
Lorine Eshleman Vogt and
18.
Benjamin Eshleman, Jr. Est
252.32 LF
C,G, Pvmt.
14.64
3693.96
a tract of land containinS
1177.00 SF
Sidewalk
0.55
647.35
4.707 acres and out of
4341.31
Lots 3 & 6, Sec. L,
F.B.E.F. & G.T.
(Ocean
rive)
Airline RoLd
East Side
_
Eni
of Airline
Road Project
Total
$26,740.80
SECTION 11. BE IT FURTHER ORDAINED THAT IN THE EVENT THE ACTUAL
FRONTAGE OF ANY PROPERTY HEREIN ASSESSED SHALL BE FOUND UPON THE COMPLETION
OF SAID IMPROVEMENTS TO BE GREATER OR LESS THAN THE NUMBER OF FEET HEREIN -
ABOVE STATED, THE ASSESSMENTS HEREIN SET AGAINST ANY SUCH PROPERTY AND
AGAINST THE REAL AND TRUE OWNER OR OWNERS THEREOF, SHALL BE, AND THE SAME
ARE HEREBY DECLARED TO BE INCREASED OR DECREASED AS THE CASE MAY BE, IN
THE PROPORTION WHICH SAID EXCESS OR DEFICIENCY OR FRONTAGE SHALL BEAR TO
THE WHOLE NUMBER OF FRONT FEET OF PROPERTY ACTUALLY IMPROVED IN ACCORDANCE
WITH THE FRONT FOOT RULE OR RATE OF ASSESSMENT HEREIN ADOPTED, IT BEING THE
INTENTION THAT SUCH PARCEL OF PROPERTY "AND THE REAL AND TRUE OWNER OR OWNERS
THEREOF ABUTTING ON THE PORTION OF THE STREETS ABOVE DESCRIBED, WITHIN THE
LIMITS DEFINED, SHALL PAY FOR SAID IMPROVEMENTS UNDER THE "FRONT FOOT RULE
OR PLAN ", WHICH RULE OR PLAN IS HEREBY FOUND AND DETERMINED TO BE JUST AND
EQUITABLE AND TO PRODUCE A SUBSTANTIAL EQUALITY, HAVING IN VIEW THE SPECIAL
BENEFITS TO BE RECEIVED AND THE BURDENS IMPOSED THEREBY; AND IT IS FURTHER
ORDAINED THAT UPON FINAL COMPLETION AND ACCEPTANCE OF SAID IMPROVEMENTS ON
THE AFORESAID STREETS, WITHIN THE LIMITS DEFINED ALL CERTIFICATES HEREIN-
AFTER PROVIDED FOR, ISSUED TO EVIDENCE SAID ASSESSMENTS AGAINST SAID PARCELS
OF PROPERTY ABUTTING UPON SAID STREET, AND THE REAL AND TRUE OWNER OR OWNERS
THEREOF, SHALL BE ISSUED IN ACCORDANCE WITH, AND SHALL EVIDENCE THE ACTUAL
FRONTAGE OF SAID PROPERTY AND THE ACTUAL COST OF SAID IMPROVEMENTS, THE
AMOUNT NAMED IN SAID CERTIFICATE IN NO CASE TO EXCEED THE AMOUNT HEREIN
ASSESSED AGAINST SUCH PROPERTY UNLESS SUCH INCREASE BE CAUSED BY AN EXCESS
OF FRONT FOOTAGE OVER THE AMOUNT HEREINABOVE STATED, SUCH ACTUAL COST AND
SUCH ACTUAL NUMBER OF FRONT FEET, IF DIFFERENT FROM THE HEREINABOVE SHOWN
IN SECTION 3 HEREOF, TO BE DETERMINED BY THE DIRECTOR OF PUBLIC WORKS UPON
COMPLETION OF SAID WORK ON SAID STREET, AND THE FINDINGS OF THE DIRECTOR OF
PUBLIC WORKS SHALL BE FINAL AND BINDING UPON ALL PARTIES CONCERNED.
SECTION 5. THAT THE SEVERAL SUMS MENTIONED ABOVE IN SECTION 3
HEREOF ASSESSED AGAINST SAID PARCELS OF PROPERTY ABUTTING ON THE 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
-7-
AND ONE -HALF (6 -1/2%) PER ANNUM WITH REASONABLE ATTORNEYS 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 COUNCILS TO -WIT: May 24, 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 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 (20,0) 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 A14D 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 -1112, PER ANNUM; OR
3. PAYMENTS TO BE MADE IN MAXIMUM OF 60 EQUAL INSTALL-
MENTS, THE FIRST OF WHICH SHALL BE PAID WITHIN 20
DAYS AFTER THE COMPLETION OF SAID IMPROVEMENTS AND
THE ACCEPTANCE THEREOF BY THE CITY, AND THE BALANCE
TO BE PAID IN 59 EQUAL CONSECUTIVE MONTHLY INSTALL-
MENTS COMMENCING ON THE 1ST DAY OF THE NEXT SUCCEED-
ING MONTH AND CONTINUING THEREAFTER 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, UNTIL
PAID AT THE RATE OF SIX AND ONE -HALF PERCENT (6 -1/2 %)
-8.
PER ANNUM; PROVIDED, HOWEVER, THAT THE OWNERS
OF SAID PROPERTY AVAILING THEMSELVES OF OPTION
"2" OR 'T' 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 DUES 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 PAYMENTS 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 PAID IMPROVEMENTS IN SAID STREETS AND ACCEPTANCE
THEREOF BY SAID CITY COUNCILS WHICH CERTIFICATES SHALL BE EXECUTED BY THE
MAYOR IN THE NAME OF THE CITY ATTESTED BY THE CITY SECRETARYj 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 ISSUEDj AND SHALL CONTAIN THE NAMES OF THE APPARENT
TRUE OWNER OR OWNERS AS ACCURATELY AS POSSIBLE AND THE DESCRIPTION OF THE
PROPERTY ASSESSED BY LOT AND BLOCK. NUMBERS OR FRONT FOOT THEREOF, OR SUCH
OTHER DESCRIPTION AS MAY OTHERWISE IDENTIFY THE SAME, AND IF THE SAID 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 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
ATTORNEYS FEES AND ALL EXPENSES AND COSTS OF COLLECTIONS IF INCURRED AND
SAID - CERTIFICATE SHALL SET FORTH AND EVIDENCE THE PERSONAL LIABILITY OF THE
C
-9-
CORPUS CHRISTI TEXAS
1DAY OF j9--.7,?-,
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING
ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN-
SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL
BE PASSED FINALLY ON THE DATE IT IS INTRODUCED AND THAT SUCH ORDINANCE OR
RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; 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,
YOR P o gTE M
THE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
RONNIE SIZEMORE
CHARLES A. BONNIWELL
ROBERTO BOSQUEZ, M.D.
REV. HAROLD.T. BRANCH
THOMAS V. GONZALES
GABE LOZANO, SR.
J. HOWARD STARK
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
RONNIE SIZEMORE Q�
• CHARLES A. BONNI4ELL
ROBERTO BOSQUEZ, M.D.
'REV. HAROLD T. BRANCH
THOMAS V. GONZALES _ QJ
GAGE LOZANO, SR.
J. HOWARD STARK