Loading...
HomeMy WebLinkAbout11122 ORD - 10/11/1972JRR:vmp 10/10/72:let AN ORDINANCE CLOSING THE HEARING ON STREET IMPROVEMENTS FOR THE FOLLOWING STREETS: (1) GREENWOOD DRIVE, FROM THE NORTH R.O.W. LINE OF SOUTH PADRE ISLAND DRIVE (STATE HIGHWAY 358) TO THE SOUTH R.O.W. LINE OF HORNE ROAD; (2) WEST POINT ROAD, FROM THE WEST R.O.W. LINE OF GREENWOOD DRIVE TO THE EAST R.O.W. LINE OF COLUMBIA PARKWAY; 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 6th DAY OF September 1972, DETERMINED THE NECESSITY FOR, AND ORDERED THE IMPROVEMENT OF THE FOLLOWING STREETS: (1) Greenwood Drive, from the north R.O.W. line of South Padre Island Drive (State Highway 358) to the south R.O.W. line of Horne Road; (2) West Point Road, from the west R.O.W. line of Greenwood Drive to the east R.O.W. line of Columbia Parkway IN THE MANNER AND ACCORDING TO THE PLANS AND SPECIF11CATIONS HERETOFORE APPROVED AND ADOPTED BY THE CITY COUNCIL BY ORDINANCE DATED September 6 , 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 :l 1) 22 • • WHEREAS, SAID CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, AFTER HAVING ADVERTISED FOR AND RECEIVED BIDS ON THE CONSTRUCTION OF SAID IMPROVEMENTS FOR THE LENGTH OF TIME AND IN THE MANNER AND FORM AS REQUIRED BY THE CHARTER OF SAID CITY AND THE LAWS OF THE STATE OF TEXAS, AND AFTER HAVING DULY AND REGULARLY MADE APPROPRIATION OF FUNDS AVAILABLE FOR SUCH PURPOSE TO COVER THE ESTIMATED COST OF SAID IMPROVEMENTS TO SAID CITY, ALL AS PROVIDED BY THE CORPUS CHRISTI CITY CHARTER AND BY LAW, DID AWARD A CONTRACT FOR THE CONSTRUCTION OF SAID IMPROVEMENTS TO THEIR LOWEST AND MOST ADVANTAGEOUS BID AND SAID CONTRACT HAS BEEN AWARDED TO BurteX Constructor$, Inc., AS AUTHORIZED BY ORDINANCE N0. DATED October 11, 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 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 September 6, 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 September 6, 1972 DID ORDER AND SET A HEARING TO BE HELD AT 7:30 P.M. , ON THE 4th DAY OF October 1972, IN THE Greenwood Branch Library 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 -2- I• • TO BE ASSESSED AGAINST EACH PARCEL OR ABUTTING PROPERTY AND THE REAL AND TRUE OWNER OR OWNERS THEREOF, AND AS TO THE SPECIAL BENEFITS TO ACCRUE TO SAID ABUTTING PROPERTY BY VIRTUE OF SAID IMPROVEMENTS, IF ANY, OR CONCERN- ING ANY ERROR, INVALIDITY, IRREGULARITY OR DEFICIENCY IN ANY PROCEEDINGS, OR CONTRACT, TO APPEAR AND BE HEARD IN PERSON OR BY COUNSEL AND OFFER EVIDENCE IN REFERENCE TO SAID MATTERS; AND THE CITY COUNCIL DID BY SAID ORDINANCE ORDER AND DIRECT THE CITY TO GIVE NOTICE OF SAID HEARING TO THE OWNERS ABUTTING UPON SAID STREET AS SHOWN BY THE CURRENT AD VALOREM TAX ROLL BY MAILING SUCH NOTICE TO SUCH OWNERS AND PUBLISHING SAID NOTICE AT LEAST THREE TIMES IN THE CORPUS CHRISTI TIMES BEFORE THE DATE OF THE HEARING, SUCH NOTICE OF MAIL AND BY PUBLICATION BEING IN COMPLIANCE WITH THE 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 11058, 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 October 4, 1972 y 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 CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING GREENWOOD BRANCH LIBRARY October 4, 1972 7:30 P. M. PRESENT: Mayor Ronnie Sizemore Mayor Pro Tem Chas. A. aonniwgll ,ommissionere• Roberto Boaquez, M,D. City Manager R. Marvin Townsend Rev. Harold T. Branch Senior Assistant City Attorney Michael May Thomas V. Gonzales City Secretary T. Ray Rring Gabe Lozano, Sr. J. Howard Stark Mayor Ronnie Sizemore called the meeting to order at 7:30 p,m., October 4, 1972, at Greenwood Branch Library, 4044 Greenwood Drive. die asked that it be noted that all members of the Council and required Charter officers were present to conduct a valid meeting. Mayor Sizemore noted that an informal meeting had been held at 6:30 immediately preceding this meeting at which time Director of Engineering Services James K. Loutos and his Staff conducted a question and answer session with interested persons regarding street improvements and assessments for Greenwood Drive and West Point Road Improvement Project which is the subject of this hearing. City Manager Townsend explained the purpose of the hearing was to comply with the statptes regarding paving assessments and explained the procedure to be followed. He stated that Sr. Assistant City Attorney Michael May would conduct the hearing. Mr. 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, will determine of 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 for the proposed improvements, explained the nature, extent and specifications, and pointed out the locations on the map. He explained that there are some 60 parcels of land involved pn be ~h sides of the streets on Greenwood Drive from South Padre Island Drive to Horne Road, and West Point Road from Greenwood Drive to Columbia Street; that Minutes Special Council Meeting October 4, 1972 - 7;30 p.m. Page 2 the total contract price shown on the preliminary assessment roll is $520,765.94; the total estimated assessments are $137,527.40; and the total cost to the City is $383,238,54. Mr. Lontos pointed out that the total assessments have been amended to reflect deletion of sidewalks on parcels identified on the assessment roll as Items Nos. 38, 39, 40, 41, 43, 45, 46 and 47. He stated it had been determined that there are existing sidewalks on these properties and that credit had not been given on the preliminary assessment roll. Mr. Lontos explained that the assess- ment rates have been determined by taking the unit prices used in the low bid submitted by Burtax Constructors and applying these to the front footage of the abutting properties in accordance with the assessment policy. Members of the audience were given an opportunity to question Mr. Lontos relative to the plane and specifications. Questions were answered relative to the time allowed for payment and interest charged; timetable fqr construction; provisions for drainage and storm sewers; alignment of sidewalks in cases where property extends out into the street; and ingress and egress during construction. Mr. Lontos stated that construction is expected to begin the latter part of this year and that 105 working days will be allowed for completion; that payments will be distributed over a 60 -month period at 62 percent interest; that there are provisions for storm sewers and that the streets will be lowered and drainage problems will by improved as a result of the improvements; that in cases where the property extends out into the street, the property will be purchased from the owner in order to align the sidewalks; and that ingress and egress will be provided during construction. 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 project. He stated that he had examiged each and every parcel; that there are no _. °regularly shaped lots which would significantly affect the assessment; that in his opinion each parcel of land Would be enhanced in value as a result of the Minutes Special Council Meeting October 4, 1972 - 7 :30 p.m. page 3 improvements at least to the extent of the assessments with the exception of the following: Item 31, ,Yuan Gonzales, Lot 12, Section D, Paisley's Subdivision of Hoffman Tract. He stated this is a 40 -acre vacant tract of unimproved land, and there is some question as to its highest and best use; that at the north corner at Gollihar at least 400 feet might be zoned for business, and it would be his recommendation that the $4.75 rate be applied on all this frontage except the north 400 feet. Item 60, Cliff Maus Village, Lot 1, Cliff Maus Villate. Mr. Carr stated that on the north side of West Point Road in Cliff Maus Village there is some question as to whether or not that property would be enhanced in value as a result of the improvements. He stated there are existing sidewalks all the way from East Padre Island Drive to West; Padre Island Drive with the exception of one parcel; that this sidewalk is on private property, and he does not feel another sidewalk ten feet from the existing one would be of any benefit. City Manager Townsend stated that this had been discussed with the owner, and he had indicated it would be to his advantage to have a secondary sidewalk, and had advised that be would give the Staff something in writing to this effect so that this could be considered further. Mr. Rill 'Neyland spoke on behalf of Mrs. Eleanor W. Faltinson, Lot 1, Lyle Subdivision Annex, item #15, and stated his client is a widow and had sold a portion of this property to the City and has approximately 308 feet of frontage on Gollihar Street. He stated that if he could be assured that this property could be zoned for business, then they would have no objection to the assess - menu , He was given relative assurance that this property would be zoned for business when applied for. Mr. Neyland stated they would promptly apply for business zoning. Mr, Richard Hatch spoke on behalf of Mr. Harry Weisman et al, Lot 11, LyA2s Sgbdivl.sion, Item #17, and Harry Weisman and Joe Roscoe, Lot 7, Lyles Suhci.vision, Item #18, and questioned if the same condition exists an these two tracts as on the north 400 feet of the 40 -acre tract of land of the Juan Gonzales Tract (Item #31), on which Mr. Carr recommended an adjustment, stating that it would appear the assessments should be the same. Minutes Special Council Meeting October 4, 1972, 7:30 p.m. Page 4 Mr. Carr stated it was his opinion that the highest and beat use of the Weisman and 40scoe tracts would be for apartment use, or other than resi- dential, and bayed on this, it was his opinion that they would be enhanced in value at least to the amount of the assessments. Mr. Hatch stated his main concern was on the installation of sidewalks, that he had no objection to sidewalks or the assessments, that this tract is large and undeveloped, and that when it is developed, it will be necessary to tear up the sidewalk. He suggested that an arrangement be worked out whereby the cones struction of the si #ewalks be postponed for a reasonable length of time, and the owner would be willing to enter into any reasonable agreement with the City to pay for the sidewalks at such time as the:property is developed. Commissioner Branch pointed out that Greenwood Park and Swimming Pool will be ready for use soon and it would appear the sidewalks would be needed for use of children going to and from the LVIAC Village, Mr. Hatch atated it would seem more logical that the pedestrian traffic to the swimming pool, would be through the park rather than by way of the street. Mr. John Haas, appeared representing Juan Gonzales, Lot 12, Section A, Paisley's Subdivision of the Roffman Tract, and stated this property is presently in receivership and that he did not know for how long, He requested that they have an opportunity to make a proposal after he confers with the owners to determine if they Are willing to deed restrict the north 400 feet of the tract for single- family use. City Manager Townsend stated the Staff had concurred with the recommends, Lion of Mr. Carr and a blanket recommendation on all the vacant tracts would be made if the owners are willing to deed restrict the land to single- family use, the assessments will_bO adjusted . acdordingl,y. - . Mr. Townsend read a letter from Mr, Buford Nicholson, Lot 1, Section 5, Bohemian Colony Lands, Item #2A, which stated that this tract will be developed for single- family use, and that his attorney will prepare and file deed restric* clues to this effect. No one else appeared to be heard in connection with the proposed str :e_t 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 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 ABUTTIN¢ 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 CQNSIDER 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 -1 - 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 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 -5- • • 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 lob OF THE ACTS OF THE FIRST CALLED SESSION OF THE MOTH 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 HEREINBELCW 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- 10 -2 -72 PRELIMINARY ASSESSMENT ROLL • r GREENWOOD DRIVE IMPROVEMENTS FROM SOUTH PADRE ISLAND DRIVE TO HORNE ROAD AND WEST POINT ROAD FROM GREENWOOD DRIVE TO COLUMBIA STREET The streets are to be excavated to a width and depth to permit the laying of the standard 6" curb and gutter sections and the installation of pavement consisting of: 1. Greenwood Drive - 6" lime stabilized base, 8" caliche base, prime coat, 2Z" of Type "B" hot -mix asphaltic concrete, and 12" of Type 'D" asphaltic concrete for a total width of 60' measured from the back of curb to the back of curb 2. West Point Road - 6" lime stabilized base, 8" caliche base, prime coat, 2z" of Type "B" hot -mix asphaltic concrete, and lz" of Type "D" asphaltic concrete for a total width of 45' measured from back of curb to back of curb Also to be constructed on this project are reinforced concrete sidewalks varying in width from 4' wide along most of Greenwood Drive to 10' wide along the Garcia Elementary School and 5' wide near the intersection of Greenwood and Horne Road. These sidewalks are to be 4" thick. In addition driveways where needed and as requested by property owners are proposed, as well as storm sewers to properly drain the streets. The project also includes the widening of Gollihar Road from State Highway 286 to Prescott, but no assessments are proposed for this section since the existing improvements are of a permanent nature. In addition the widening of the intersection of Greenwood and Horne Road is planned but no assessments are proposed since the existing improvements are of an adequate quality. 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. Greenwood Drive - Curb & Gutter & Pavement 14.02 /p.1 f. 2. West Point Road - Curb & Gutter & Pavement 9.87 /p.l.f. 3. Driveways 1.22 /p.s.f. 4. Sidewalks 0.60. /p.s.f. 5. Header Curb 3.20 /p.l.f. 6. Curb & Gutter & Pavement - residential use only (for both Greenwood Drive and West Point Road) $ 4.75 /P..l.f. Credit has been given for existing improvements such as curb, gutter, pavement, and sidewalks where they exist. TOTAL CONTRACT PRICE $520,765.94 TOTAL ESTIMATED ASSESSMENTS $137-1§27:40 TOTAL COST - CITY'S PORTION $3&3,258.54 �`'•4` r James K: Lontos, P.E. Tir +. n4' 7.nal naari na Servl ces ASSESSMENT FOR GREENWOOD DRIVE BETWEEN S. PADRE ISLAND DRIVE TO HORNE ROAD AND • WEST POINT ROAD FROM GREENWOOD DRIVE TO COLUMBIA PARKWAY Page 1 ITEM NO. OWNER AND PROPERTY DESCRIPTION QUANTITY ASSESSED 9 i DESCRIPTION OF ASSESSMENT RATE AMOUNT TOTAL AMOUNT ASSESSED NORTH SIDE G ENWOOD DRIVE AT PADRE ISIAND DRIVE 1 Humble Oil Corporation 123.03 IF C,G, Pvmt. 14.02 1724.88 Wilson Tower 492.12 SF Swk. 0.60 295.27 Lot 1,.Greenwood 'Terrace Dwy. 2020.15 2 Joslin/Smith Mt. Vernon 86.56 IF C,G, Pvmt. 14.02 1213.57 Bldg. & Dev. 346.24 SF Swk. 0.60 207.74 4930 South Staples Dwy. 1421.31: Lot 3, Greenwood Terrace 2A Buford Nicholson 900.05 IF C,G, Pvmt. 14.02 12618.70 217 Wilshire 3600.20 SF Swk. 0.60 2160.12 Lot 1, Section 5 14788.82 Bohemian Colony Lands TROJAN DRIVE 3 Hunt Developers, Inc.(S) 121.00 IF C,G, Pvmt. 2.38 287.98 4659 Everhart 484.00 SF Swk. 0.30 145.20 Lot 20, Block 5 Dwy. 433.18 Hacienda Estates #3 4 Hunt Developers, Inc.(S) 127.00 LF C,G, Pvmt. 2.38 302.26 4659 Everl=t 508.00 SF Swk. 0.30 152.40 Lot 19, Block 5 Dwy. 454.66 Hacienda Estates #3 Page 2 ITEM NO. OWNER AND PROPERTY DESCRIPTION QUANTITY ASSESSED a DESCRIPTION OF ASSESSMENT RATE AMOUNT TOTAL AMOUNT ASSESSED SEVILLE DRIVE 5 Runt Developers, Inc. (S) 106.00 IF C,G, Pvmt. 2.38 252.28 4659 Everhart 424.00 SF Swk. 0.30 127.20 Lot 20, Block 4 Dwy. 379.48 Hacienda Estates #3 6. Santos J. Gutierrez 106.00 IF C,G, Pvmt. 2.38 252.28 1533 Barcelona 424.00 SF Scak. 0.30 127.20 Lot 19, Block 4 Swy. 379.48 Hacienda Estates #2 BARCELOW STREET 7 George C. Boson 106.00 LF C,G, Pvmt. 2.38 252.28 1534 Barcelona 424.00 SF Swk. 0.30 127.20 Lot 20, Block 3 Dwy. 379.48 Hacienda Estates #2 8 Felipe Martinez, Jr. (S) 106.00 IF C,G, Pvmt. 2.38 252.28 1513 Valencia 424.00 SF Swk. 0.30 127.20 Lot 19, Block 3 Dwy. 379.48 ' Hacienda Estates #1 VALENCIA STREET 9 Freddy Velez, Jr. (S) 106.00 IF C,G, Pvmt. 2.38 252.28 1517 Valencia 424.00 SF Swk. 0.30 127.20 Lot 14, Blick 2 Dwy. 379.48 Hacienda Estates #1 Page ITEM NO. OWNER AND PROPERTY DESCRIPTION QUANTITY ASSESSED a DESCRIPTION OF ASSESSMENT RATE AMOUNT TOTAL AMOUNT ASSESSED 10 Ricardo R. Renteria (S) 106;.00 LF C,G, Pvmt. 2.38 252.28 1529 Madrid 424.00 SF Swk. 0.30 127.20 Lot 13, Block 2 Dwy. 379.48 Hacienda Estates #1 MADRID TREET 11 Armando Yturria (S) 106.00 LF C,G, Pvmt. 2.38 252.28 1530 Madrid 424.00 SF Swk. 0.30 127.20 Lot 22, Block 1 Dwy. 379.48 Hacienda Estates #1 12. Hulen H. Hunt 193.61 LF C,G, Pvmt. 14.02 2,714.41 4659 Everhart 774.44 SF Swk. 0.60 464.66 Lot 1, Block A Dwy. 3,179.08 Hacienda Estates #1 13 Cecil E. Burney, Attorney 160.00 LF C,G, Pvmt. 14.02 2,243.20 Petroleum Tower 400.00 SF Swk. 0.60 240.00 Lot 2, Block A 584.40 SF Dwy. 1.22 712.97 3,196.17• Hacienda Estates #1 WESTPOIIT ROAD 14 Juan Gonzales Estate 974.25 LF C,G, Pvmt. 14.02 13,658.99 % John R. Hass 3897.00 SF Swk. 0.60 2,338.20 3817 S. Alameda, Suite B Dwy. 15,997.19 Lot 9, Sec. E Paisley's SSubdivision of Hoffman Tr. i Page 4 • 9 ITEM OTAM AND QUANTITY DESCRIPTION TOTAL NO. PROPERTY DESCRIPTION ASSESSED OF RATE AMOUNT AMOUNT ASSESSMENT ASSESSED GOAIHAR STREET 15 Eleanor W. Faltinson 208.00 IF C,G, Pvmt. 14.02 2,916.16 511 Union St. 832.00 SF Swk. 0.60 499.20 Selma, Alabama Dwy. 3,415.36 .99 acres, Lot 1 ' Lyle Subdivision Annex 16. Corpus Christi Ind. Schoo 390.10 IF C,G, Pvmt. 4.75 1,852.98 District 2644.00 SF Swk. 0.60 1,586.40 515 N. Carancahua 261.40 SF Dwy. 1.22 318.91 3,758.28 18. Lot 8, Sec. E Paisley's Subdivision of Hoffman Tr. 1jarry Weisman et al 4451 Gollihar Lot 11, Lyles Subdivision Harry Weisman and Joe Roscoe 4451 Gollihar Lot 7, Lyles Subdivision 310.00 IF 1240.00 SF SHERMAN 620.00 IF 2480.00 SF HORNE C,G, Pvmt. Swk. Dwy. C,G, Pvmt. Swk. Dwy. 14.02 0.60 14.02 0.60 4,346.20 744.00 8,692.40 1,488.00 5,090.20 1 10,180.40 • Page 5 s ITEM M. OWNER AND PROPERTY DESCRIPTION QUANTITY ASSESSED g DESCRIPTION OR ASSESSMENT RATE AMOUNT TOTAL AMOUNT ASSESSED GREENWOOD IRIVE AT SOInH PADRE ISLAND DRIVE ,(EAST IDE) 19. H. E. Butt Grocery Co. 447.81 IF C,G, Pvmt. 14.02 6,278.30 807 Upper N. Broadway 1791.24 SF Swk. 0.60 1,074.74 Lot 8, Sec. 4 Dwy. 7,353.04 Bohemian Colony Lands 20. Corpus Christi Inde. 661.73 IF C,G, Pvmt. 4.75 3,143.22 School District 2646.92 SF Swk. 0.60 1,588.15 515 N. Carencahua Dwy. 4,731.37 Lot 8, Sec. 4 Bohemian Colony Lands TROJAN DRIVE 21. Jewel Homes, Inc. (S) 105.29 IF C,G, Pvmt. 2.38 250.59 Rt. Box 503 78415 Swk. 250.59 Lot 1, Block 1 -A Dwy. Greenwood Park #2 Page 6. • ITEM NO. 010W AND PROPERTY DESCRIPTION QUANTITY ASSESSED a DESCRIPTION OF ASSESSMENT RATE AMOUNT TOTAL AMOUNT ASSESSED BOISDARC STREET 22. Lewis W. Hardman (S) 106.00 LF C,G, Pvmt. 2.38 252.28 1718 Bois Dare Swk. 252.28 Lot 1, Block 2 Dwy. Greenwood Park #2 23. Horace W. Ross (S) 106.00 LF C,G, Pvmt. 2.38 252.28 1601 Hickory Swk. 252.28 Lot 38, Block 2 Dwy. Greenwood Park #1 HICKORY STREET 24. Paul L. Huntsman (S) 106.00 LF C,G, Pvmt. 2.38 252.28 1602 Hickory Swk. 252.28 Lot 1, Block 3 Dwy. Greenwood Park #1 25• Lou Andrew Jackson (S) 106.00 LF C,G, Pvmt. 2.38 252.28 1601 Hemlock Swk. 252.28 Lot 38, Block 3 Dwy. Greenwood Park #1 0 Page --7-0 ITEM NO. OWNER AND PROPERTY DESCRIPTION QUANTITY ASSESSED B , DESCRIPTION OF ASSESSMENT RATE AMOUNT 'TOTAL AMOUNT ASSESSED HEMLOCK STREET 26. Willie Sorrel (S) 106.00 IF C,G, Pvmt. 2.38 252.28 1602 Hemlock Swk. 252.28 Lot 1, Block 4 Dwy. Greenwood Park #1 27. Rev. Arthur Bland (S) 106.00 IF C,G, Pvmt. 2.38 252.28 1601 Birch Swk. 252.28 Lot 37, Block 4 Dwy. Greenwood Park #1 BIRCH TREET 28. Archie B. Dawkins (S) 106.00 IF C,G, Pvmt. 2.38 252.28 1602 Birch Swk. 252.28 Lot 1, Block 5 Dwy. Greenwood Park #1 29. Plea Mitchell (S) 106.00 IF C,G, Pvmt. 2.38 252.28 1601 Sycamore Swk. 252.28 Lot 34, Block 5 Dwy. Greenwood Park #1 SYCAMORE STREET 30. Thomas J. Duhart (S) 106.00 LF C,G, Pvmt. 2.38 252.28 1602 Sycamore Swk. 252.28 Lot 1, Block 6 Dwy. Greenwood Park #1 Page g• ITEM NO. OWNER AND PROPERTY DESCRIPTION QUANTITY ASSESSED 9 DESCRIPTION OF ASSESSMENT RATE AMOUNT 'TOTAL AMOUNT.' ASSESSED 31. Juan Gonzales Estate 1244.90 LF C,G, Pvmt. 14.02 17,440.88 % John R. Hass Swk. 1.22 185.68 3817 S. Alameda, Suite B ..152.20 SF Dwy. 17,626.56 Lot 12, Sec: D Paisley's Subdivision of Hoffman Tr. GOLLIHAR STREET 32. Lowell Benefield et al 117.90 LF C,G, Pvmt. 14.02 1,652.96 4702 %ostoryz. 231.60 SF Swk. 0.60 138.96 Lot A -6, Block A 884.40 SF Dwy. 1.22 1,078.97 2,870.89 John Jones Unit No. 2 33. Lowell Benefield et al 25.00 LF C,G, Pvmt. 14.02 350.50 4702 Kostoryz 100.00 SF Swk. 0.60 60.00 Lot A -5, Block A Dwy. 410.50 John Jones Unit No. 2 34. Lowell Benefield et al 25.00 LF C,G, Pvmt. 14.02 350.50 4702 Kostoryz 100.00 SF Swk. 0.60 60.00 Lot A -4, Block A Dwy. 410.50 . _ John Jones Unit No. 2 35. Lowell Benefield et al 25.00 LF C,G, Pvmt. 14.02 350.50 4702 Snstoryz 24.00 SF Swk. 0.60 14.40 Lot A -3, Block A 279.10 SF Dwy. 1.22 340.50 705.40 John Jones Unit No. 2 • Pa6e 9 • ITEM NO. OWNER AND PROPERTY DESCRIPTION QUANTITY ASSESSED e DESCRIPTION OF ASSESSMENT RATE MOUNT TOTAL AMOUNT ASSESSED 36. Lowell Benefield et al 24.00 LF C,G, Pvmt. 14.02 350.50 4702 Kostoryz 56.00 SF Swk. 0.60 33.60 Lot A -2, Block A 163.10 SF Dwy. 1.22 198.98 583.08 John Jones Unit No. 2 37. Lowell Benefield et al 30.00 LF C,G, Pvmt. 14.02 420.60 4702 Kostoryz 120.00 SF Swk. 0.60 72.00 Lot A -1, Block A Dwy. 492.60 John Jones Unit No. 2 AN A LEY 38. Pedro S. Berrientes (S) 104.00 LF C, G. Pvmt. 2.38 247.52 1601 Bernendino 444-Da-SF Swk. 0.30 , , 12*.#10 Lot 9, Block 1 Dwy. 3:32 John Jones Unit No. 2 BERNADIN STREET 39. Arcadio F. Ortiz (S) 104.00 LF C,G, Pvmt. 2.38 247.52 1602 Bernandino 416-.00-SF Swk. 0.30 -• . ° 124=.80 Lot 1, Block 4 Dwy. X2 32_ John Jones Unit No. 2 40. Richard C. Barron (S) 104.00 LF C,G, Pvmt. 2.38 247.52 1601 Karen 416.-W SF Swk. 0.30 ,, Lot 42, Block 4 Dwy. 3"-3Z John Jones Unit No. 2 • page ITEM N0. OWNER AND PROPERTY DESCRIPTION QUANTITY ASSESSED 9 , DESCRIPTION OF ASSESSMENT RATE AMOUNT 'DOTAL AMOUNT ASSESSED KAREN TREET 41. Ramon J. Martinez (S) 104.00 LF C,G, Pvmt. 2.38 247.52 1602 Karen 4+6:-00 SF Swk. 0.30 - 144.0 Lot 1, Block 5 Dwy. 372;=32 John Jones Unit No. 2 42. Benito Perez (S) 104.00 LF C,G, PVmt. 2.38 247.52 1601 Islla 446-M SF Swk. 0.30 c- 124=80= Lot 40, Block 5 Dcoy. 37.2 --a John Jones Unit No. 2 ISLIA TREET 43. Leonardo V. Caballero(S) 104.00 LF C,G, Pvmt. 2.38 247.52 1602 IsIla 4-I&AG SF Swk. 0.30-- - 124-:W Lot 1, Block 6 Dwy. 372_38 John Jones Unit No. 2 _ 44. Antonio Martinez (S) 104.00 LF C,G, Pvmt. 2.38 247.52 1601 Harriet *t6-.t&=SF Swk. 0.30 -, X80 Lot 33, Block 6 Dwy. 3a2 John Jones Unit No. 2 < HARRIET STREET 45. Santiago A. Tijerina (S) 104.00 LF C,G, Pvmt. 2.38 247.52 1602 Harriet 4SF Swk. 0.30 ,_ . _ 1=24=.8€ Lot 1, Block 7 Dwy. 3722 John Jones Unit No. 2 • Pam v� ITEM N0. OWNER AND I PROPERTY DESCRIPTION QUANTITY ASSESSED s DESCRIPTION OF ASSESSMENT RATE AMOUNT TOTAL AMOUNT ASSESSED (S) 46. Wm. P. & Thomas R. Riddicl 104.00 LF C,G, Pvmt. 2.38 247.52 3433 Manitou 416:00 SF Swk. 0.30 _- a 124-N Lot 1, Block 6 Dwy. 2 Chula Vista Add'n. #1 - HARVARD STREET (S) 47. Wm. P. 6 Thomas R. Riddic 104.00 LF C,G, Pvmt. 2.38 247.52 3433 Mani.tou 4,'6 -.Q0 SF Swk. 0.30 - _ 124°8 Lot 1, Block 5 Dwy- _ 37'2: -32= Chula Vista Add'n. #1 48, Wm. P. & Thomas R. Riddic 104.00 LF C,G, Pvmt. 2.38 247.52 3433 Mani-tou Swk. 247.52 Lot 42, Block 5 Dwy. Chula Vista Add'n. #1 HUDSON TREET 49. Flyn Investment Co. (S) 104.00 LF C,G, Pvmt. 2.38 247.52 P. 0. Box 2468 Harlingen Swk. 1 -:22 15"1 Lot 1, Block 4 123.45 SF Dwy. 398.13 Chula Vista Add'n. ¢1 50. Christian G. Apusen (S) 104.00 LF C,G, Pvmt. 2.38 247.52 1601 Sherman Swk. 1;22 = 1-50-.,&l Lot 44, Block 4 123.45 SF --Dwy. 398.13 Chula Vista Add'n. #1" • Page --2tj�q C,G, Pvmt. 14.02 1,752.50 500.00 SF S17k. 0.60 ITEM OWNER AND QUANTITY DESCRIPTION 1.22 643.40 29695.90 TOTAL NO. PROPERTY DESCRIPTION ASSESSED OF RATE AMOUNT AMOUNT ASSESSMENT ASSESSED SHERMAN STREET (S) 51• Wm. P. & Thomas R. Riddic 104.00 LF C,G, Pvmt. 2.38 247.52 3433 Menitou Swk. L-22 130,41 Lot 1, Block 3 123.45 SF Dwy. 398.13 Chula Vista Add'n. #1 (S) 52. Wm. P. & Thomas R. Riddic 3433 Manitou Lot 45, Block 3 Chula Vista Add'n.1 53. 54. 55. Flyn Investment Co. (S) Box 2468 Harlingen Lot 1, Block 7 Chula Vista Add'n. #2 Circle K'- 2810 Camelba.ek Phoenix, Arizona Lot 2, Block A Chula Vista Add'n. #2 R. Leery, Inc. Box 2146, Longview, Texas Lot 1, Block A Chula Vista Add'n. #2 104.00 IF C,G, Pvmt. Swk. 123.45 SF Dwy. CHULA VISI A STREET 104.00 IF C,G, Pvmt. Swk. Dwy. 112.35 LF C,G, Pvmt. 449.40 SF Swk. Ihry . 2.38 247.52 1x22 - 150:°61 ' 398.13 2.38 247.52 247.52 14.02 1,575.15 0:60 269.64 1,844.79 125.00 LF C,G, Pvmt. 14.02 1,752.50 500.00 SF S17k. 0.60 300.00 527.38 SF Dwy. 1.22 643.40 29695.90 Page 1 ITEM NO. OWNER AND PROPERTY DESCRIPTION QUANTITY ASSESSED e i DESCRIPTION OF AS SES SMENT RATE AMOUNT TOTAL AMOUNT ASSESSED ST POINT RCkD BETWEEN GREENW OD DRIVE ANI COLUMBIA PARIGkY 56. Cecil E. Burney, Attorney 160.58 IF C,G, Pvmt. 9.87 1,584.92 Petroleum Tower 627.90 SF Swk. 0.60 376.74 Lot 2, Block A 228.45 SF Dwy. 1.22 278.71 2,240.37 Hacienda Estates #1 57• Hulen H. Hunt 346.60 IF C,G, Pvmt. 9.87 3,420.94 4659 Everhart 1733.00 SF Swk. 0.60 1,039.80 Lot 1, Block A Dwy. 4,460.74 Hacienda Estates 58. Martin C. Hornsby (S) 114.49 LF C,G, Pvmt. 2.38 272.49 4706 Columbia 457.96 SF Swk. 0.30 137.39 Lot 1, Block 1 Dwy. 409.88 Hacienda Estates No. 1 NORTH SIDE WEST POI 1T ROAD 59. Juan Gonzales Estate 171.25 IF C,G, Pvmt. 9.87 1,690.24 % Jobn R. Hass 685.00 SF Swk. 0.60 411.00 3817 S. Alameda, Suite B Dwy. 2,101.24 Lot 9, Sec. E Paisley's Subdivision of Hoffman Tr. 60. Cliff Maus Village 1075.02 IF C,G, Pvmt. 9.87 10,610.45 % John Crutchfield 5095.10 SF Swk. 0.60 3,057.06 Box 1253 Dwy. 13,667.51 Lot 1 Cliff Maus Village 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 BE2 AND THE SAME ARE HEREBY DECLARED TO BE INCREASED OR DECREASED AS THE CASE MAY BED IN THE PROPORTION WHICH SAID EXCESS OR DEFICIENCY OR FRONTAGE SHALL BEAR TO THE WHOLE NUMBER OF FRONT FEET OF PROPERTY ACTUALLY IMPROVED IN ACCORDANCE WITH THE FRONT FOOT RULE OR RATE OF 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 FORS ISSUED TO EVIDENCE SAID ASSESSMENTS AGAINST SAID PARCELS OF PROPERTY ABUTTING UPON SAID STREETS AND THE REAL AND TRUE OWNER OR OWNERS THEREOF SHALL BE ISSUED IN ACCORDANCE WITHp AND SHALL EVIDENCE THE ACTUAL FRONTAGE OF SAID PROPERTY AND THE ACTUAL COST OF SAID IMPROVEMENTS, THE AMOUNT NAMED IN SAID CERTIFICATE IN NO CASE TO EXCEED THE AMOUNT HEREIN ASSESSED AGAINST SUCH PROPERTY UNLESS SUCH INCREASE BE CAUSED BY AN EXCESS OF FRONT FOOTAGE OVER THE AMOUNT HEREINABOVE STATED, SUCH ACTUAL COST AND SUCH ACTUAL NUMBER OF FRONT FEET IF DIFFERENT FROM THE HEREINABOVE SHOWN IN SECTION 3 HEREOF, TO BE DETERMINED BY THE DIRECTOR OF PUBLIC WORKS UPON COMPLETION OF SAID WORK ON SAID STREETS AND THE FINDINGS OF THE DIRECTOR OF PUBLIC WORKS SHALL BE FINAL AND BINDING UPON ALL PARTIES CONCERNED. SECTION 5. THAT THE SEVERAL SUMS MENTIONED ABOVE IN SECTION 3 HEREOF ASSESSED AGAINST SAID PARCELS OF PROPERTY ABUTTING ON THE AFORESAID STREETS WITHIN THE LIMITS DEFINED AND THE REAL AND TRUE OWNERS THEREOF WHETHER NAMED OR CORRECTLY NAMED HEREIN OR NOTE SUBJECT TO THE PROVISIONS OF SECTION 4 THEREOFy TOGETHER WITH INTEREST THEREON AT THE RATE OF SIX -7- • L' AND ONE -HALF (6 -112,) 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: September 6- 1972 y 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 (20105) CASH WITHIN TWENTY DAYS AFTER THE COMPLETION OF SAID WORK AND ITS ACCEPTANCE BY THE CITY, AND 20% 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 -1/2°o PER ANNUM; OR 3. PAYMENTS TO BE MADE IN MAXIMUM OF 60 EQUAL INSTALL - MENTSp 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,) IR PER ANNUM; PROVIDEDj HOWEVER, THAT THE OWNERS OF SAID PROPERTY AVAILING THEMSELVES OF OPTION "2" OR 'T' ABOVE SHALL HAVE THE PRIVILEGE OF PAYING ONES OR ALLY 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 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 STREETS AND ACCEPTANCE THEREOF BY SAID CITY COUNCIL, WHICH CERTIFICATES'SHALL BE EXECUTED BY THE MAYOR IN THE NAME OF THE CITY, ATTESTED BY THE CITY SECRETARY WITH THE CORPORATE SEAL OF SAID CITY AND WHICH CERTIFICATES SHALL DECLARE THE AMOUNTS OF SAID ASSESSMENTS AND THE TIMES AND TERMS THEREOF THE RATE OF INTEREST THEREONj 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 POSSIBLEj 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 FIRMS 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 DUES 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 -9- 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 COUNCILS TO -WIT: September 6, 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 OR OWNERS MAY NOT BE NAMED OR CORRECTLY NAMED AND ANY IRREGULARITY IN THE - NAME OF THE PROPERTY OWNERS OR THE DESCRIPTION OF ANY PROPERTY OR THE AMOUNT OF ANY ASSESSMENTS 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 Im ASSESSMENT OR IN THE CERTIFICATE ISSUED IN EVIDENCE THEREOF, MAY BED BUT IS NOT REQUIRED TO BED TO BE ENFORCEABLEX 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- MENT) 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 THAN, THE ESTIMATE OF SAID ASSESSMENT PREPARED BY THE DIRECTOR OF PUBLIC WORKS AND APPROVED AND ADOPTED BY SAID CITY COUNCIL AND ARE IN ACCORDANCE WITH THE PROCEEDINGS OF SAID CITY COUNCIL RELATIVE TO SAID IMPROVEMENTS AND ASSESSMENTS THEREOF, AND WITH THE TERMS POWERS AND PROVISIONS OF SAID CHAPTER 106 OF THE ACTS OF THE FIRST - CALLED SESSION OF THE MOTH LEGISLATURE'OF'�THE STATE OF TEXAS, KNOWN AS ARTICLE 11058 OF VERNON'S ANNOTATED CIVIL STATUTES OF TEXAS AND THE CHARTER OF THE CITY 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 STREETS WITHIN THE LIMITS DEFINED ARE DANGEROUS TO THE HEALTH AND PUBLIC WELFARE OF THE INHABITANTS THEREOF CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF'THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTIONS AND THAT SAID ORDINANCE SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCILS AND THE MAYOR HAVING DECLARED THAT SUCH EMERGENCY AND NECESSITY EXISTS2 AND HAVING REQUESTED THAT SAID CHARTER RULE BE SUSPENDED AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION mm AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE,. IT IS ACCORDINGLY SO ORDAINED, THIS THE 4t-4 DAY OF P „r 1i-7 ATTEST: G P CITY SECRETARY MAYOR THE CITY 0 CORP &CH ST I, TEXAS APPROVED: DAY OF B '1972- �� /,[��CITY TTORNEY CORPUS CHRISTI, TEXAS OAY OF �C�OQra•1-' , �9 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; 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. ' R ECTFULL , o THE cir(OF CORPU6 CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: . BONNIE SIZEMORE CHARLES A. BONNIWELL ROBERTO BOSQUE2, M.D. REV. HAROLD.T. BRANCH . y THOMAS V. GONZALES GABE LOZANO, SR. J. HOWARD STARK THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: - BONNIE SIZEMORE CHARLES A. BONNIWELL -..- ROBERTO BOSQUEZ, M.D. REV. HAROLD T. BRANCH THOMAS V. GONZALES GAGE LOZANO, SR. J. HOWARD STARK