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HomeMy WebLinkAbout11066 ORD - 09/06/1972JRR:ml:9- 5- 72;1!,t AN ORDINANCE CLOSING THE HEARING ON STREET IMPROVEMENTS FOR THE FOLLOWING STREETS: 1. Airport Road from a point 195 + L.F. south of the Morgan Avenue -Old Brownsville Road Intersection to a point 500 + L.F. north of the Morgan Avenue -Old Brownsville Road Intersection 2. Morgan Avenue from Vera Cruz to the intersection of Airport Road 3. Old Brownsville Road from the intersection of Airport Road westward approximately 650 L.F. 4. South Staples Street, from 18th Street southeast to Annapolis Drive 5. Swantner Street, from 18th Street southeast to Annapolis 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 26th day of July, 1972, determined the necessity for, and ordered the improvement of the following streets• 1. Airport Road from a point 795-+ L.F. south of the Morgan Avenue -Old Brownsville Road Intersection to a point 500 ± L.F. north of the Morgan Avenue -Old Brownsville Road Intersection 2. Morgan Avenue from Vera Cruz to the intersection of Airport Road 3. Old Brownsville Road from the intersection of Airport Road 4. South Staples Street, from 18th Street southeast to Annapolis Drive 5. Swantner Street, from 18th.Street southeast to Annapolis Drive in the manner and according to the plans and specifications heretofore approved and adopted by the City Council by Ordinance dated July 26, 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 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 11066 6 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 July 26, 1972, 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 July 26, 1972, did order and set a hearing to be held at City Hall, on the 23rd day of August, 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 other 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 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 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) days prior to the date of said hearing; both forms of notice -2- 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 provided by law and the Charter of the City of Corpus Christi, said hearing of which notice was given, was opened and held on August 23, 1972, in the Council Chanbers of City Hall in the City of Corpus Christi, Texas, in accordance with said ordinance and notice, at which time and 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- Mayor Pro Tern Bonniwell announced the scheduled public hearing for improve- ments on Airport Road, Morgan Avenue, Old Brownsville, South Staples Street and Swantner. 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; that Director of Engineering Services would present the plans and specifications of the project, pnd that Assistant City Attorney Michael May would conduct the hearing. Assistant City Attorney May 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 an the abutting properties. Director of Engineering Services James K. Lantos was interrogated as to his occu- potion, time of residence in the City, formal qualifications and familiarity with the subject project. He presented the plans and specifications for the proposed improvements and pointed out the location; explained that the streets to be improved include (1) Airport Road froma point 795+ L.F. South of the Morgan Avenue -Old Brownsville Road Intersection to a point 500+ L. F. Mortl; of the Morgan Avenue -Old Brownsville Road Intersection; (2) Morgan Ava sua from Vera Cruz to the Intersection of Airport Road; (3) Old Brownsville Road from the Intersection of Airport Road Westward approximately 650 L.F.; (4) South Staples Street, from 18th Street southeast to Annapolis Drive; and (5) Swantner Street, from 18th Street southeast LF_ � to Annapolis Drive. He explained that the project is a joint project between the City and the State under the TOPICS Program and involves construction of curb, gutter, sidewalk, driveways, and pavement, and also channelization of the streets and widening of the intersection to improve the traffic flow; that the City basically participates toward the construction of all concrete work and the State completes the installation of the pavement; and as has been the policy on past joint projects between the City and State, the City has assessed the concrete work to the abutting property owners. He explained that Staples and Swantner portion already has curb and gutter in many places, and it is only required that a sidewalk and driveway assessment be imposed along the property which does not presently have permanent sidewalk and driveways, and basically includes the residential lots backing onto Staples Street from Louisiana towards Annapolis, the west side of Swantner from Ohio to Louisiana, and the What - a- Burger property in this area; and that in the Old Brownsville Road and Morgan Intersection, assessments are proposed along the Del Mar Tech property and a portion of Austin Addition No. 2. Mr. Lontas stated that the contract had been awarded to Burtex Construction Company, and that the assessment rates have been determined by using the low bid as sub- mitted by Burtex and applying the unit prices from the low bid to the front footage of the abutting properties. He stated the rates for Airport Road; Morgan Street Intersection are Curb & Gutter, $3.089 LF,; Sidewalk, $5,410 per sq. yard; Driveway, $10.544 per square yard; that the rate for Baldwin Boulevard, Staples Intersection, Sidewalk, $5.410 per square yard; Driveway, $10.544 per square yard; and Header Curb, $2.663 per linear foot; that the total contract price is $463,879.65, total assessments, $15,981.75, and total City and State share $447,897.90. He explained that the State Highway Department awards contracts on the basis of square yard which accounts for the difference in the rate figure. Mr. Wolter E. Nobles, (Item 016 -A), 1018 York, Lot 2, Block 1, Arcadia Sub- division, appeared and stated he had been assessed for a driveway, and inquired if this driveway would be torn out; and also stated he is being assessed for a sidewalk at the rear of ths; property. Mr. Lantos explained that as is the policy set out in the ordinance, if a piece of property does not have a sidewalk in front, and the property is less than 250 feet deep, there is an assessment for sidewalk for lots which back onto the street. He explained that Mr. Nobles' Minutes Regular Council Meeting August 23, 1972 Page 18 driveway is asphalt and does not conform; that there a number of asphalt driveways, and they will be assessed the full cost of concrete. Mr. Nobles stated his entrance is on South Staples but that the house faces on York and there are no sidewalks on York. City Manager Townsend stated the Engineering Staff had tried to work this out. He asked Mr. Nobles if a driveway could be provided or access to his property off York Street, would he be willing to abandon the driveway coming off of Staples. Mr. Nobles agreed to this proposal. Mr, W. A. Roberts, Right of Way Appraiser, stated there had been a question about granting an easement of access through the park, and In the granting of access they were told at the time they could not sell any of the park as that was part of the park dedication for park use only. tion Mr, Nobles stated his question had been answered but not entirely to his satisfac- Mayor Pro Tern Bonniwell asked that Mr. Nobles meet with Mr. Lantos and work out the problem of his sidewalk and driveway. Mr. May interrogated Mr. W. A. Roberts, Appraiser for the Right of Way Section of the City, as to his occupation and qualifications as an appraiser and familiarity with the subject area and project, and the TOPICS Program. He stated he had personally examined each parcel of land and 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 improvements at least to the extent of the assessment. No one else appeared to be heard in connection with the proposed street improve- ments. Motion by Lozano, seconded by Gonzales and passed, that the hearing be closed. Motion by Lozano, seconded by Gonzales and passed, that an ordinance be brought r"cu•ard i ,pprcving the Preliminary Assessment Roll for the foregoing street improvements. 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 EVIDENCES 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 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 -4- 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 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 HEREINSELOW 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 -5- HAD WIT11 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 THEREOF, WHETHER NAMED OR CORRECTLY NAMED HEREIN OR NOT, 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 COUNCILS AUTHORIZING AND ORDERING THE IMPROVEMENTS OF THE ABOVE DESCRIBED STREET, WITHIN THE LIMITS DEFINEI)p AND IN PURSUANCE OF SAID PROCEEDINGS HERETOFORE HAD AND ENACTED BY SAID CITY COUNCILS IN REFERENCE TO SAID IMPROVEMENTS AND BY VIRTUE OF THE POWERS VESTED IN SAID CITY WITH RESPECT TO SAID STREET IMPROVEMENTS BY THE LAWS OF THE STATE OF TEXAS AND THE CHARTER OF SAID CITY WITH PARTICULAR REFERENCE TO CHAPTER 106 OF THE ACTS OF THE FIRST CALLED SESSION OF THE 140TH 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 NOTE 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 COUNCILS BEING AS FOLLOWS, TO -WIT: • 1. PRELIMINARY ASSESSMENT :KILL #T-9007 (2)' A. Airport Road, from Morgan Avenue 500 feet north B. Old Brownsville Road, from Morgan Avenue 650 feet west #T -9007 (3) A. South Staples Street, from 18th Street southeast to Annapolis Drive B. Swantner Street, from 18th Street southeast to Annapolis Drive The proposed improvements are part of the joint project between the City and the State referred to as the TOPIC PROGRAM. The Streets will be con- structed in various widths and excavated in such manner as to provide addi- tional base where needed. Where no pavement is being constructed, the pave- ment is being designed to have 6" of lime base, 9" of raliche base and 3" . of asphaltic concrete. Where the pavement is being overlaid with asphalt, 14" of hot -mix is proposed. The project is designed to provide better traffic movement by constructing wider lanes and concrete islands. Also to be constructed are reinforced concrete sidewalks, reinforced concrete curbs, and concrete driveways including storm sewers where needed. The assessment rates have been determined by using the low bid as submitted by Burtex and applying the unit prices from the low bid to the front footage of the abutting properties. The rates are as follows: Assessment Rate for Airport Road, Morgan Street Intersection Improvements Curb and Gutter Sidewalk Driveway $ 3.089 per linear foot 5.410 per square yard 10.544 per square yard Assessment Rate for Baldwin Boulevard, Staples Street Intersection Improvements Sidewalk Driveway Header Curb TOTAL OONTRACT PRICE TOTAL ASSESSMENTS TOTAL CITY AND STATE SHARE $ 5.410 per square yard 10.544 per square yard 2.663 per linear foot $463,879.65 15 981.75 7 8 .g0 /L., ames K. Lontos, .E., Director Engineering Services 7 -19-72 • Page 1• ITEM NO. OWNER AND PROPERTY DESCRIPTION QUANTITY ASSESSED R DESCRIPTION OF ASSESSMENT RATE AMOUNT TOTAL AMOUNT ASSESSED AIEPORT ROAD - 4ORGAN STREET INTERSECTION IMPROVEMENTS 1. Del Mar College Tech. 1,122 L.F. C & G 3.089 3,465.86 & Vocational Institute 390.7 S.Y. Sidewalk 5.410. 2,113.69 Russell Farm Tracts 222.4 S.Y. Driveway 0.544 2,34+.99 Block 16, 9.2210 acres 7,924.54 2. L. L. Woodman (F 144.47 L.F. C & G 3.089 446.27 2214 Laredo (F 64.2 S.Y. Sidewalk 5.410 347.32 .456 acres, Block D -0- S.Y. Driveway 0.544 -0- Austin Addition #2 (S 132.5 L.F. C & G 1.544 204.58 (S 58.9 S.Y. Sidewalk 2.710 159.62 -0- S.Y. Driveway 0.544 -0- 1,157.79 3. Francisco A. Vela 40.0 L.F. C & G 3.089 123.56 658 Airport Road 10.2 S.Y. Sidewalk 5.410 55.18 Block D, Lot 15 11.7 S.Y. Driveway 0.544 123.36 Austin Addition #2 302.10 4. Eufredo G. Flores 40.0 L.F. C & G 3.089 123.56 654 Airport Road 10.2 S.Y. Sidewalk 5.410 55.18 Block D, Lot 14 11.7 S.Y. Driveway 0.544 123.36 _ Austin Addition #2 302.10 5. Epifanio Hinojosa 40.0 L.F. C & G 3.089 123 56 650 Airport Road 5.3 S.Y. Sidewalk 5.410 28.67 Block D, Lot 13 19.1 S.Y. Driveway 0.544 201.39 Austin Addition #2 353.62 6. Manuel Gonzales 40.0 L.F. C & G 3.089 123.56 646 Airport Road 1.6 S.Y. Sidewalk 5.410 8.66 Block D, Lot 12 4.6 S.Y. Driveway 0.544 48.50 Austin Addition #2 180.72 • pe,� ITEM M. OWNER AND PROPERTY DESCRIPTION QUANTITY ASSESSED i DES&UPTION OF ASSESSMENT RATE AMOUNT TOTAL AMOUNT ASSESSED 7. Roberto G. Ybarra, et ua 30.0 L.F. C & G 3.089 92.67 642 Airport Road 6.7 S.Y. Sidewalk 5.410 36.25 Block D, Lot 11 9.5 S.Y. Driveway 10.544 100.17 Austin Addition #2 229.09 BALD WIN BOULEVARD - STAPLES STREI T NFERSECTION ]IMPROVEMENTS 8. R. James Via, Jr. -0- L.F. C & G -0- -0- I 1138 Florida (B) 33.3 S.Y. Sidewalk 3.381 112.59 Lot 10, Block 3 (B) 14.0 S.Y. Driveway 10.544 147.62 Arcadia Subdivision 260.21 9. James Ross Underwood -0- L.F. C & G -0- -0- 1134 Florida (B) 26.7 S.Y. Sidewalk 3.381 90.27 Lot 9, Block 3 (B) 11.1 S.Y. Driveway lo.544 117.04 Arcadia Subdivision 207.31 10. J. Carl Green -0- L.F. C & G -0- -0- 1130 Florida (B) 24.9 S.Y. Sidewalk 3.381 84.19 Lot 8, Block 3 (B) 11.1 S.Y. Driveway 0.544 117.04 .Arcadia Subdivision 201.23 - ]1. Hubert R. Miller -0- L.F. C & G -0- -0- 1424 Fern Drive (B) 30.5 S.Y. Sidewalk 3.381 103.12 Lot 7, Block 3 -0- S.Y. Driveway -0- -0- Arcadia Subdivision 103.12 12. Marjorie McFarland -0- L.F. C & G -0- -0- 1122 Florida (B) 32.70 S.Y. Sidewalk 3.381 110.56 Lot 6, Block 3 (B) -0- S.Y. Driveway 0.544 -0- Arcadia Subdivision 110.56 • Page 3• • ITEM NO. OWNER AND PROPERTY DESCRIPTION QUANTITY ASSESSED a DESCRIPTION of ASSESSMENT RATE AMOUNT TOTAL AMOUNT ASSESSED 13. William F. Seay -0- L.F. C & G -0- -0- 1118 Florida (B) 30.5 S.Y. Sidewalk 3.381 103.12 Lot 5, Block 3 -0- S.Y. Driveway -0- -0- Arcadia Subdivision 103.12 .14. J. P. Lancaster -0- L.F. C & G -0- -0- Raymond M. Yow, M.D.(B) 18.5 S.Y. Sidewalk 3.381 62.55 615 Fountain Road (B) 15.0 S.Y. Driveway lo.544 158.16 Salisbury, Maryland 220.71 Lot 4, Block 3 Arcadia Subdivision 15. Phil T. Harris -0- L.F. C & G -0- -0- 1110 Florida (B) - 30.5 S.Y. Sidewalk 3.381 103.12 Lot 3, Block 3 -0- S.Y. Driveway -0- -0- Arcadia Subdivision 103.12 16. _ Mrs. Annie Lee Cross -0- L.F. C & G -0- -0- Post Office Box all (B) 30.5 S.Y. Sidewalk 3.381 103.12 Taft, Texas -0- S.Y. Driveway -0- -0- Lot 2, Block 3 103.12 Arcadia Subdivision 16-A. Walter E. N- o-bies -0- C & G -0- - 1018 York 16.0 S.Y. Driveway 10.544 168.70 Lot 2, Block 1 20.8 S.Y. Sidewalk 3.381 70.32 Arcadia Subdivision 239.02 Ed T SIDE OF E 2APLES STREET 17. Whataburger, Inc. -0- L.F. C & G -0- -0- Post Office Box 6742 60.0 S.Y. Sidewalk 324.60 Lot 1 201.2 S.Y. Driveway 0.544 2,121.45 Zweig Tract [1,410 2,446.05 ITEM NO. OWNER AND PROPERTY DESCRIPTION QUANTITY ASSESSED ; DESCRIPTION OF ASSESSMENT RATE AMOUNT TOTAL AMOUNT ASSESSED WEST SIDE SWANTNER BOILEVARD ( FRCM OHIO AVENUE UD LOUISIANA AVENUE ) 18. Dorothy Osbman -0- L.Y. C & G -0- -0- 621 Grant 46.7 S.Y. Sidewalk 5.410 252.65 Lot 2A, Block 1 -0- S.Y. Driveway 10.544 -0- Lindale Park,, Sec. 1 252.65 19. Coastal Bend Properties -0- L.F. C & G -0- -0- M.A. Cage 32.3 S.Y. Sidewalk 5.410 174.74 1020 The 600 Building 72.0 S.Y. Driveway 10.544 759.17 N 132' Lot 2, Block 1 93.0 L.F. Header Curb 2.663 247.66 Lindale Park, Sec. 1 1,181.57 TOTAL ASSESS DENTS 15,98d•76" 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 THEREC', 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 I'S 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 TILE PROVISIONS OF SECTION 4 THEREOF, TOGETHER WITH INTEREST THEREON AT THE RATE OF SIX -7- AND ONE -HALF (6 -11eu) 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 SAME ARE ASSESSED FROM AND AFTER THE DATE SAID IMPROVEMENTS WERE ORDERED BY SAID CITY COUNCILS TO -WIT: July 26, 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 LIENSS CLAIMS OR TITLES EXCEPT FOR LAWFUL AD VALOREM TAXES; AND THAT THE SAME SO ASSESSED SHALL BE PAID AND BECOME PAYABLE IN ONE OF THE FOLLOWING METHODS AT THE OPTION OF THE PROPERTY OWNER: 1. ALL IN CASH WITHIN 20 DAYS AFTER COMPLETION OR ACCEPTANCE BY THE CITY; OR 2. TWENTY PERCENT (20%) CASH WITHIN TWENTY DAYS AFTER THE COMPLETION OF SAID WORK AND ITS ACCEPTANCE BY THE CITY, AND 20p 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 6 -1j2, 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 COMPLETIONI AND ACCEPTANCE BY THE CITY UNTIL PAID, AT THE RATE OF SIX AND ONE -HALF PERCENT (6- 12,'0) -8- PER ANNUM; PROVIDEDj HOWEVERj THAT THE OWNERS OF SAID PROPERTY AVAILING THEMSELVES OF OPTION °Z1, OR 'T' ABOVE SHALL HAVE THE PRIVILEGE OF PLAYING ONES OR ALLY OF SUCH INSTALLMENTS AT ANY TIME BEFORE MATURITY THEREOF BY PAYING THE TOTAL AMOUNT OF PRINCIPAL DUEj 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 SAID 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 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 OWNERSO 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 REAL AND TRUE OWNER OR OWNERS OF SUCH PROPERTY, WHETHER NAMED OR CORRECTLY NAMED THEREIN OR NOT, AND THE LIEN UPON SUCH PROPERTY, AND THAT SAID LIEN IS FIRST AND PARAMOUNT THEREON, SUPERIOR TO ALL OTHER LIENS, TITLES AND CHARGES, EXCEPT FOR LAWFUL AD VALOREM TAXES, FROM AND AFTER THE DATE SAID IMPROVEMENTS WERE ORDERED BY SAID CITY COUNCIL, TO -WIT: .filly 26, 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 PRO- PERTY DESCRIBED OR ATTEMPTED TO BE DESCRIBED NOTWITHSTANDING SUCH OWNER 1 7 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 6ID �1_ • ASSESSMENT OR IN THE CERTIFICATE ISSUED IN EVIDENCE THEREOF MAY BED BUT IS NOT REQUIRED TO BED 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 IS EXEMPT FROM THE LIEN OF SAID ASSESS- " MENTj 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 THEREOF ARE THE SAME ASS OR LESS THANE THE ESTIMATE OF SAID ASSESSMENT PREPARED BY THE DIRECTOR OF PUBLIC WORKS AND APPROVED AND ADOPTED BY SAID CITY COUNCIL AND ARE IN ACCORDANCE WITH THE PROCEEDINGS OF SAID CITY COUNCIL RELATIVE TO SAID IMPROVEMENTS AND ASSESSMENTS THEREOFj AND WITH THE TERMS POWERS AND PROVISIONS OF SAID CHAPTER 106 OF THE ACTS OF THE FIRST - CALLED SESSION OF THE 40TH LEGISLATURE OF THE STATE OF TEXAS, KNOWN AS ARTICLE 1105B OF VERNON'S ANNOTATED CIVIL STATUTES OF TEXAS AND THE CHARTER OF THE CITY OF CORPUS CHRISTI] TEXAS UNDER WHICH TERMS POWERS AND PROVISIONS SAID PROCEEDINGS SAID IMPROVEMENTS AND ASSESSMENTS WERE HAD AND MADE BY SAID CITY COUNCIL. SECTION 8. THE FACT THAT THE ABOVE- DESCRIBED STREETS HAVE BECOME IMPORTANT THOROUGHFARES AND THE FACT THAT THE PRESENT CONDITION OF SAID STREETS2 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 COUNCIL, AND THE MAYOR HAVING DECLARED THAT SUCH EMERGENCY AND NECESSITY EXISTS AND HAVING REQUESTED THAT SAID CHARTER RULE BE SUSPENDED AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFT ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE DAY OF 7,Z ATTEST: A CIT SE RE AR MAYOR THE CITY OF ORPU RISTI, TEXAS APPROVED: DAY f ' '197;: CI ATTORNEY .,-4,:r. CORPUS CHRISTI, TEXAS DAY OF 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- 51ON 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. RES LY, YOR THE CITY OF C0 RIST1,, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTEL 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 FOLLOWIN VOTE: RONNIE SIZEMORE CHARLES A. BONNIWELL ROBERTO BOSQUEZ, M.D. _ 'REV. HAROLD T. BRANCH THOMAS V. GONZALES ' GABS LOZANO, SR. J. HOWARD STARK