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HomeMy WebLinkAbout11210 ORD - 12/20/1972AN ORDINANCE CLOSING THE HEARING ON STREET IMPROVEMENTS FOR THE FOLLOWING STREETS: 1. Ayers Street from a point approximately 3600 L.F. south of the center line of Alexander.Street north- ward to the north right -of -way line of Norton Street 2. East side of South Port Avenue from the north right -of -way line of Port Ayers Subdivision Center Annex B to its intersection with the west side of Ayers Street 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, TG W 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 8th DAY OF November , 1972, DETERMINED THE NECESSITY FOR, AND ORDERED THE IMPROVEMENT OF THE FOLLOWING STREETS: 1. Ayers Street from a point approximately 3600 L.F. south of the center line of Alexander Street north- ward to the north right -of -way line of Norton Street 2. East side of South Port Avenue from the north right - of-way line of Port Ayers Subdivision Center Annex B to its intersection with the west side of Ayers Street IN THE MANNER AND ACCORDING TO THE PLANS AND SPECIFICATIONS HERETOFORE APPROVED AND ADOPTED BY THE CITY COUNCIL BY ORDINANCE DATED November 8 , 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 11210 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 AGAIIIST 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 November 8. 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 November 8, 1972 , DID ORDER AND SET .A HEARING TO BE HELD AT ,4:00 P.M* , ON THE 13th DAY OF December , 1972, IN THE COUNCIL CHAMBERS rF THE CITY HALL, IN THE CITY OF CORPUS CHRIST., TEXAS, FOR THE REAL AND TRUE OWNERS OF THE PROPERTY ABUTTING UPON SAID STREETS, WITHIN THE LIMITS ABOVE DEr INED, AND FOR ALL OTHERS OWNING OR CLAIMING ANY INTEREST IN, OR OTHERWISE INTERESTED IN SAID PROPERTY, OR ANY OF SAID MATTERS AS TO THE ASSESSMENTS AND AMOUNTS TO BE ASSESSED AGAINST EACH PARCEL OR ABUTTING PROPERTY AND THE REAL AND TRUE OWNER OR OWNERS THEREOF, AND AS TO THE SPECIAL BENEFITS TO ACCRUE TO SAID ABUTTING PROPERTY BY VIRTUE OF SAID IMPROVEMENTS, IF ANY, OR CONCERN- ING ANY ERROR, INVALIDITY, IRREGULARITY OR DEFICIENCY IN ANY PROCEEDINGS, OR CONTRACT, TO APPEAR AND BE HEARD IN PERSON OR BY COUNSEL AND OFFER EVIDENCE IN REFERENCE TO SAID MATTERS; AND THE CITY COUNCIL DID BY SAID ORDINANCE ORDER AND DIRECT THE CITY TO GIVE NOTICE OF SAID HEARING TO THE OWNERS ABUTTING UPON SAID STREET AS SHOWN BY THE CURRENT AD VALOREM TAX ROLL BY MAILING SUCH NOTICE TO SUCH OWNERS AND PUBLISHING SAID NOTICE AT LEAST THREE TIMES IN THE CORPUS CHRISTI TIMES BEFORE THE DATE OF THE HEARING, SUCH NOTICE OF MAIL AND BY PUBLICATION BEING IN COMPLIANCE WITH THE PROVI- SIONS OF ARTICLE 11058 OF VERNON'S ANNOTATED CIVIL STATUTES.OF TEXAS; AND -2- 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 B` MAILING SUCH NOTICE AT LEAST FOURTEEN (14) DAYS PRIOR TO THE HEARING TO SUCH OWNERS AND BY PUBLISHING "HREE TIMES NOTICE OF SUCH HEARING IN THE CORPUS CHRISTI TIMES, THE FIRST OF WHICH PUBLICATION WAS AT LEAST TWENTY -ONE k2l) 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 December 13, 1972 , IN THE COUNCIL CHAMBERS OF CITY HALL IN THE CITY OF CORPUS CHRISTI, TE XAS, 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 dE HEARD AND TO OFFER EVIDENCE AS TO ALL MA' "TERS IN ACCORDANCE WITH SAID ORDINANCE AND NOTICE, AT WHICH TIME THE FOLLOWING APPEARED AND OFFERED THE FOLLOWING TESTIMONY: -3- Minutes Regular Council Meeting December 13, 1972 Page 3 Motion by Branch, seconded by Bonniwell and pas , zano voting "Nay ", that the motion be amen nd that CaYter'Street from Naples Street to the east property line of Lot 10, of D"el Mar College a closed subject to retention of the existing utility easements, and that an ordinance be brought effectuat- ing the closing, Mayor Sizemore announced the public hearing scheduled for 4 :00 p.m. on assessments for Ayers Street Improvements from Norton to Port Avenue, and approxi- mately 169 feet of Port Avenue at the Intersection of Port and Ayers. City Manager Townsend stated the purpose of the hearing is to comply with the statute regarding paving assessments; 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 the hearing is to form a basis on which the Council, acting as a legis- lative body, would determine or establish the assessments on the abutting prop- erties. He stated Assistant City Attorney James McKibben would conduct the hearing. Mr. McKibben interrogated the Director of Engineering Services James K. Lontos as to his occupation, time of residence in the City; formal qualifications, and ,familiarity with the subject project, and asked Mr. Lontos to present the plans and specifications. Mr. Lontos described the overall project in detail from a strip map; explained the nature, extent and specifications; stated that these improvements will be constructed by the Texas Highway Department in cooperation with the City of Corpus Christi and under the provisions of Urban Systems Program; that the construction will consist of pavement in accordance with the Highway Department plans including installation of curb and gutter, sidewalk, driveways and header curbs. He explained that the pavement portion of the project is the responsibility of the Highway Department, and that the drainage, right -of -way, utilities and concrete work, will be the responsibility of the City and the obligation of the property owners. He explained that the assessment rates have been determined in accordance with the present policy of the City and by applying the unit prices obtained from the low bid submitted by Heldenfels Brothers to the linear footage of private properties abutting the streets; that full credits have been given properties which have in place the improvements that meet the City Specifications, Minutes Regular Council Meeting December 13, 1972 Page 4 and that the assessments hove been calculated only for the portion which is to be paid for with City funds. He stated the total contract price is $445,367.70; total State cost, $256,414.75; gross total City cost, $188,952.95; total assessments, $59,451.85, and total net City cost, $129,501,10. Mr. Lantos explained the method provided for payment of the assessments. He also pointed out the savings to the property owners because of the State participation in the project. Mr. Lantos noted that all homes on Ayers Street back onto Ayers and that there will be no driveways except on the property of Mrs. T. C. Green at 3706 Ayers, listed on the preliminary assessment roll as Item 039. Mrs. Nell Short, Items 4 -C and 5 -C, questioned the effect of the Improve- ments on the headin parking in front of her restaurant at this location. She stated she had kept this area repaired for 20 years and felt it should remain for parking. She objected to the sidewalks, stating the existing sidewalk was in good condition and did not need to be replaced. Mr. Willie Beasley, 4001 Ayers, Items IF50 -C and 951 -C, objected to the elimination of headin parking at this location. Mr. Lantos explained that there is a drive- way to this property off Pearce Street, but if the owner desires a driveway off Ayers, there would be no reason not to construct one. 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 for record a statement of his qualifications. He described the general area and uses, stating that he was familiar with the project and had personally examined each and every parcel of land, and in his opinion, each of the properties, so assessed, would be enhanced in value at least in the amount of the assessments with the exception of the following: Item 042, Mercantile National Bank Property - the lot is irregular in shape, very narrow in width, and it is recommended that the assessment be reduced from $2,142.38 to $1,276.42. Items 010 -8 through Item y38 -B - Lots beginning at the Horne Road Inter- section, through the Roosevelt Street Intersection to Lot 11, Block 3, Arcadia Village, ail bark up to Ayers Street with a 15 foot strip between the property line and the right of way, and it is recommended that all these parcels be exempt and no assessments be imposed, i Minutes Regular Council Meeting December 13, 1972 Page 5 o • as there would be, in his opinion, no enhancement in value as a result of the improvements. Stems 057 -B, 58 -B, 59 -B, 60 -B, 61 -B and 62 -B - these lots back up to Horne Road, do not have the 15 feet of park strip, some have fences, and others have gates or hedges, are being assessed for sidewalks, and it is recommended that these assessments be deleted because there would be, in his opinion, no monetary value as a result of the installo- Lion of sidewalks. Persons in the audience were given an opportunity to state their approval or objections to the assessments. Mr. C. A. Norris, Item 020 -8, complained of the unsightly condition of the 15 -foot park strip abutting properties along this street. He stated he had maintained the portion in front of his property for the past several years and would like to have something done about it. He complained that some of the property owners maintain the park area and others allow it to grow up in weeds; that some have fences and others have hedges; and that the City mows those areas which are not fenced. He stated he felt the park strip should either be given back to the property owners or some other arrangement made for its main- tenance. He stated he felt these property owners should have the option to request driveways. City Manager Townsend explained that since the area is a dedicated park and not an easement, the City does not have the authority nor the mechanics to turn it back to the property owner but could require that every property owner move the encroachments back to the property line. Mr. Norris was advised that if he requested a driveway, he would then be assessed for curb and gutter unless there were restrictions. Mr. Corr stated there could be restrictions prohibiting this, but it should be checked. Mr. Bill Brown, 7141 Pharaoh Drive, appeared representing the E. C. Peterson Properties, Items 08 -C and 09 -C, and requested that credit be given for curb and butter and sidewalk along these properties since the existing curb and gutter and sidewalk -d been previcusly installed under an agreed plan between the City and Mr. Peterson and ere according to the then standard specifications. He stated the sidewalks were installed cs a convenience to the public, and if Heldenfels current prices were applied, it would cost some $2, 000 to replace the sidewalks. He stated he felt some additional credit should 1 • Minutes Regular Council Meeting December 13, 1972 Page 6 be allowed. He requested that the Council consider their request to substitute 1215 feet of header curb at $5.33 per I.f. for like amount of roll type curb and gutter at a cost of $3.04 per I.f., stating that the roll curb is more economically feasible and provides better drainage, and if this request is granted, they will not oppose the improvements and the assessments. City Manager Townsend stated the City would have no objections to roll type curb if plans were submitted to meet City standards, but this would depend on design. He stated this would be checked and worked out in the Engineering Department. Mr. H. C. Heldenfels, Jr., employee of Heldenfels Brothers Contractors, expressed disagreement with Mr. Brown relative to header curb vs. roll type curb. He stated the difference would be in maintenance of concrete rather than asphalt. Mrs. Lillie Cavazos, Item #64 -C, stated that her property had been listed as facing on Ayers, but explained that it is located at the comer of Carlton and Horne Road and faces the alley. She requested that she be permitted to retain the headin parking area off Horne Road for two cars. Mrs. Cavazos was advised that this would involve a zoning matter, that she should submit a zoning application through usual procedures, and that this would have to be done before the improvements are begun. She was also advised that only about two- thirds of her property is involved and the balance will be assessed when Horne Road is improved. The savings of State Highway participation on this project were pointed out. Mrs. Nell Short, Items 4 -C and 5 -C, stated she was opposed to the assess- ment for sidewakk which would result in her having two sidewalks in front of her property. Motion by Branch, seconded by Bosquez and passed, that the hearing be closed and taken under advisement and that the Staff give consideration to the foregoing testimonies and submit a revised Assessment Roll. AVERS STRnT l2<MWEMENTS FROM NORTON TO FORT AND APPROX71.9ATELY 169' OF Poib AVENUE AT TIME INTERSECTION OF PORT AND AYERS These improvements will be constructed by the Texas Highway Department in cooperation with the City of Corpus Christi and under the Urban Systems Program. The construction ,rill consist of excavation to permit the construc- tion of pavement in accordance with the Highway Department plans and also an installation of 6" curb and getter, a sidewalk varying in width from 4' wide to 5y" wide reinforced concrete, 6" thick re.nforced concrete driveways as well as header curbs. • The pavement portion of the project is the responsibility of the State Highway Department; drainage, :ight -of -way, utilities and concrete work will be that of the City. The assessment rates have been determined la accordance with the present policy of the City and by applying the unit prices obtained from the low bid submitted by Heldenfels Brothers to the linear footego of private properties abutting the streets. Full credits have been given io the properties which have in place the improvements that meet the City Specifications. The assessments have been calculated only for the portion of the project which is to be paid for with City funds and the rates are as follows: 11/2/r^ Curb and Gutter $3.04 per LF Sidewalk .73 per SF Driveway 1.30 per SF Header Curb 5.33 per LF TOTAL CONTRACT PRICE $445,367.70 TOTAL STATE COST - 256,414.75 GROSS TOTAL CITY COST ,952.95 TOTAL ASSESS.«BTTS NET ZOTAL CITY COST /39r,coS.a16 James K. Lontos, P.E. Director of Engineering Services AENU STREET • PORT AVENUE TO NORTON STREET Page ITEM NO. OWNER AND PROPERTY DESCRIPTION QUANTITY ASSESSED d DESCRIPTION OF ASSESSMENT RATE AMOUNT TOTAL AMOUNT ASSESSED AYERS SVIET FROM PO AVENUE TO NORTON STREET ;T BEGINNI G 106' SOU OF ALEXANDER ST. ST SIDE OF IYER3 STREET 1. Sam Susser, Jr., Tr. 106.0 IF C & G 3.04 322.24 C Lts. 1,2 & Por. of Lot 3 300.0 SF Sidewalk 0.73 219.00 Elk. 8 - Portairs Addn. 375.0 SF Dwy.- (1 -20'). 1.30 487.50 2515 Leopard 1,028.74 ALE ANDER STREE INTERSECTION 2. Israel & Daniel Goltzman 100.0 IF G &'G 3.04' 304.00 C Lts. 7 & 8, Elk 1 374.0 SF Sidewalk 0.73 273.02 Portairs Addition 172.5 SF Dwy. (1 -251) 1.30 224.25 446 Southern 75.0 IF Hdr. curb 5.33 399.75 1,201.02 3. W. L. Dillingham 50.0 IF C & G 3.04 152.00 C Lot 6, Elk. 1 165.0 Sr Sidewalk 0.73 120.45 Portairs Addn. 112.0 SF 'Dwy.- (1 -14') 1.30 145.60 7430 S. Padre Island 36.0 LF Hdr. Curb 5.33 191.88 609.93 • 4. Mrs. B. L. Short 50.0 IF C & G 3.04 152.00 C Lot 5, Elk. 1 165.0 SF Sidewalk 0.73 120.45 Portairs Addn. 113.8 SF Dwy. (� -35') 1.30 147.94 1526 Green Grove 32.5 IF Hdr. Curb 5.33 173.23 593.62 5. Juanita Short 50.0 LF C & G 3.04 152.00 C Lot 4, Elk. 1 165.0 SF Sidewalk 0.73 120.45 Portairs Addn. 113.8 SF Dwy. (-�-35') 1.30 147.94 1526 Green Grove 32.5 LF Hdr. Curb 5.33 173.23 593.62 Page SL ITEM N0. 011NER AND FROPERTr DESCRIPTION QUANTITY ASSESSED 9 DESCRIPTION OF ASSESSMENT RATE AMOUNT TOTAL AMOUNT ASSESSED 6. Louisa Maley 50.0 IF C & G 3.04 152.00 C Lot 3, Blk 1 275.0 SF Sidewalk 0.73 200.75 Portairs Addn. 0.0 Driveway 1.30 -0- 322 Aransas - Alice, Texas 50.0 LF Hdr. Curb 5.33 266.50 619.25 7. Dave Zacki.e 100.0 LF C & G 3.04 304.00 C Lots 1 & 2, Bak 1 385.0 SF Sidewalk 0.73 281.05 Portairs Addn. 158.6 SF Dwy.(1 -251) 1.30 206,18 317 Brooks 70.0 LF Hdr. Curb 5.33 373.10 1,164.33 8. E. C. Peterson, Tr. 181.48 LF C & G 3.04 551.70 C Public Parking Area 844.1 SF - Sidewalk 0.73 616.19 Blk 1 -R 158.6 SF Dwy.(1 -25')' 1.30 206.18 Cuiper Addn. 156.48 LF Hdr. Curb 5.33 834.04 Box 8229 2,208.11 iper Street intersection 9. E. C: Peterson, 2r. 055.51 LF C & G 3.04 3,208•75 C Public Parking Area 5022.8 SF Sidewalk 0.73 3,666.64 Lots 20 R -1 710.0 SF Dwys.(1 -40,& 1.30 923.00 Blk 15, Cuiper Addn. 2 -35') 5.33 4,805.00 Box 8229 901.5 LF Hdr. Curb 12,603.39 e ORNE ROAD I TERSECTION 10. Jim Ray Wise 75.0 LF C & G 0.00 -0- B Lot 17, Blk. 1 300.0 SF Sidewalk 0.37 111.00 Arcadia Village -0- Dwy. 1.30 -0- 422 Vanderbilt sQ_ P. S. ITEM NO. OWNER AND PROPERTY DESCRIPTION QUANTITY ASSESSED 9 DESCRIPTION OF ASSESSMENT RATE AMOUNT TOTAL AMOUNT ASSESSED 11. J. E. Carse 90.0 LF C & G 0.00 -0- B Lot 18, Blk. 1 360.0 SF Sidewalk 0.37 133.20 Arcadia Village -0- Dwy. 1.30 -0- 418 W. Vanderbilt 333,29 • - B 12. Dorothy May Hurt 65.0 IF C & G 0.00 -0- B Lot 19, Blk. 1 26'0.0 SF Sidewalk 0.37 96.20 Arcadia Village -0- Dwy. 1.30 -0- 414 W. Vanderbilt s96.2� • - o 13. J. W. Shaw 65.0 IF C & G 0.00 -0- B Lot 20, Blk. 1 260.0 SF Sidewalk 0.37 96.20 Arcadia Village -0- Dwy. 1.30• -0- 410 W. Vanderbilt 96.20 14. L. I. Nash 65.0 IF C & G 0.00 -0- B Lot 21, Blk. 1 260.0 SF Sidewalk 0.37 96.20 Arcadia Village -0- Dwy. 1.30 -0- 406 W. Vanderbilt 96.29 15. A. G. Dwarshus o 65.0 LF C & G 0.00 -0- B Lot 22, Blk. 1 260.0 SF Sidewalk 0.37 96.20 Arcadia Village -0- Dwy. 1.30 -0- 402 W. Vanderbilt 9"o -o ARCE STREET INTERSECTION 16. Lester Adler 70.0 IF C & G 0.00 -0- B Lot 1, Blk. 2 280.0 SF Sidewalk 0.37 103.60 Arcadia Village -0- Dwy. 1.30 -0- 702 Wilson Tower &03," • Page 0 ITEM NO. OWNER AND PROPERTY DESCRIPTION QUANTITY ASSESSED 9 DESCRIPTION OF ASSESSMENT RATE AMOUNT TOTAL AMOUNT ASSESSED 17. J. M. Howard 65.0 LF C & G 0.00 -0- B Lot 2, Blk. 2 260.0 SF Sidewalk 0.37 96.20 Arcadia Village -0- Dwy. 1.30 -0- 350 W. Vanderbilt a6_29 18. L. L. Barnes 65.0 LF C & G 0.00 -0- B Lot 3, Blk. 2 260.0 SF Sidewalk 0.37 96.20 Arcadia Village -0- Dwy. 1.30 -0- 346 W. Vanderbilt 9662 19. W. H. Schultz 65.0 LF C & G 0.00 -0- B Lot 4, Blk. 2 260.0 SF -Sidewalk 0.37 96.20 Arcadia Village -0- Dwy. 1.30• -0- 342 W. Vanderbilt X96.29 20. C. A. Norris 65.0 LF C & G 0.00 -0- B Lot 5, Blk. 2 260.0 SF Sidewalk 0.37 96.20 Arcadia Village -0- Dwy. 1.30 -0- Box 346, Lolita, Texas 46-24 21. Byron D. Horton 65.0 LF C & G 0.00 -0- B Lot 6, Blk. 2 260.0 SF Sidewalk 0.37 96.20 Arcadia Village -0- Dwy. 1.30 -0- 4225 Keeter Drive 96-M Ft. Worth, Texas -® -- 22. Martin L. Rodriguez 65.0 LF C & G 0.00 -0- B Lot 7, Blk. 2 260.0 SF Sidewalk 0.37 96.20 Arcadia Village -0- Dwy. 1.30 -0- 330 W. Vanderbilt Ab.Zf1 ITEM NO. OWNER AND PROPERTY DESCRIPTION QUANTITY ASSESSED F DESCRIPTION OF ASSESSMENT RATE AMOUNT TOTAL AMOUNT ASSESSED 23. J. C. Davis 65.0 LF C & G 0.00 -0- B Lot 8, Blk. 2 260.0 SF Sidewalk 0.37 96.20 Arcadia Village -0- Dwy. 1.30 -0- 326 W. Vanderbilt 96.20 24. Mary E. Hibbs 65.0 LF C & G 0.00 -0- B Lot 9, Blk. 2 260.0 SF Sidewalk 0.37 96.20 Arcadia Village -0- Dwy. 1.30 -0- 322 W. Vanderbilt 96.26 O 25. W. S. Dunbar 65.0 LF C & G 0.00 -0- B Lot 10, Blk 2 260.0 SF Sidewalk 0.37 96.20 Arcadia Village -0- Dwy. 1.30 -0- 318 W. Vanderbilt .96.2'9 .p 26. Rodolfo Alvarez 65..0 LF C & G 0.00 -0- B Lot 11, Blk. 2 260.0 SF Sidewalk 0.37 96.20 Arcadia Village. -0- Dwy. 1.30 -0- 314 W. Vanderbil t 27. F. Skrobarcek 65.0 LF C & G 0.00 -0- B Lot 12, Blk. 2 260.0 SF Sidewalk 0.37 96.20 Arcadia Village -0- Dory. 1.30 -0- Box 899, RefugLo, Texas 96.29 -O - 28. Harold Jackson B Lots 13 & 14, Blk. 2 117.98 LF C & G 0.00 -0- Arcadia Village 471.92 SF Sidewalk 0.37 174.61 1001 Barracuda -0- Dwy. 1.30 -0- 1Z4.61 - o . Pagc ITEM NO. OWNER AND PROPERTY DESCRIPTION QUANTITY ASSESSED a DESCRIPTION OF ASSESSMENT RATE AMOUNT TOTAL AMOUNT ASSESSED R00 EVELT STREEI INTERSECTION 29. Lester Adler B Lots 1 & 2, Blk. 3 104.83 LF C & G 0.00 -0- Arcadia Villagf 419.32 SF Sidewalk 0.37 155.15 P. 0. Box 5405 -0- Dwy. 1.30 -0- �SS..ld O- 30. Lloyd E. Vogt 61.0 LF C & G 0.00 -0- B Lot 3, Blk. 3 244.0 SF Sidewalk 0.37 90.28 Arcadia Village -0- Dwy. 1.30 -0- 526 Grant �9r28 31. Stacie D. Phillips 61.0 LF C & G 0.00 -0 -. B Lot 4, Blk. 3 244.0 SF Sidewalk 0.37 90.28 Arcadia Village- -0- ]A-7y. 1.30 -0- 286 W. 'Vanderbilt -'99 -8 i 32. E. E. Davis 61.0 LF C & G 0.00 -0- B Lot 5, Blk. 3 244.0 SF Sidewalk 0.37 90.28 Arcadia Village -0- Day. 1.30 -0- 282 Ellis 90--28 o -o� 33. Lester Lee Hogan 61.0 LF C & C 0.00 -0- B Lot 6, Blk. 3 244.0 SF Sidewalk 0.37 90.28 Arcadia Village -0- Dwy. 1.30 -0- 278 Ellis 99-.eB 34. J. E. Shelton 61.0 LF C & G 0.00 -0- B Lot 7, Blk. 3 244.0 SF Sidewalk 0.37 90.28 Arcadia Village -0- Dwy. 1.30 -0- 274 Ellis -40,24 • Page AL ITEM NO. 014NER AND PROPERTY DESCRIPTION QUANTITY ASSESSED 9 DESCRIPTION OF ASSESSMENT RATE AMOUNT TOTAL AMOUNT ASSESSED 35. R. D. Olson 69.97 LF C & G 0.00 -0- B Lot 8, Blk. 3 279.88 SF Sidewalk 0.37 103.56 Arcadia Village -0- Dwy. 1.30 -0- 270 Ellis 48.336 36. G. Doring 95.0 LF C & G 0.00 -0- B Lot 9, Blk. 3 380.0 SF Sidewalk 0.37 140.60 Arcadia Village -0- Dwy. 1.30 -0- 266 Ellis %0.60 37. J. V. Denniston 95.0 LF C & G 0.00 -0- B Lot 10, Blk. 3 380.0 SF Sidewalk 0.37 140.60 Arcadia Village -0- Dwy. 1.30 -0- 262 Ellis -140-..&@ o r 38. J. R. Lummus & 4ife 40.2 LF C & G 0.00 -0- B Lot 11, Blk. 3 160.8 SF Sidewalk 0.37 59.50 Arcadia Village -0- Dwy. 1.30, -0- 258 Ellis 59.5 39. Mrs. T. C. Green , 75.0 LF C & G 3.04 228.00 F Lot 1, Blk. 1 252.0 SF Sidewalk 0.73 183.96 Lena Pearse Addn. 239.0 SF Dwy.(1 -121) 1.30 310.70 3706 Ayers 722.66 40. Frank G. Busker F Lot 2, Blk. 1 75.0 LF C & G 3.04 228.00 Lena Pearse Addn. 300.0 SF Sidewalk 0.73 219.00 3700 Ayers -0- Dwy. 1.30 -0- 447.00 age ITEM NO. OWNER AND PROPERTY DESCRIPTION QUANTITY ASSESSED DESCRIPTION OF ASSESSMENT RATE AMOUNT TOTAL AMOUNT ASSESSED F NNIN STREET INTERSECTION 41. Arcadia Villa;;e Shop. Ctr. 145.0 LF C & C 3.04 440.80 C Lot 8, Blk 2 388.0 SF Sddewalk 0.73 283.24 Lena Pearce .Lddn. 886.0 SF Wv. (2 -241) 1.30 1,151.80 Box 8229 1,875.84 N RTON STREET INTERSECTION END OF FdST SIDE � OF AYERS STREET I AYERS STREET FRO•I PORT AVENUE TO NORTON STREET Page ITEM OWNER AND QUANTITY DESCRIPTION TOTAL NO. PROPERTY DESCRIPTION ASSESSED OF RATE AMOUNT AMOUNT ASSESSMENT ASSESSED AYERS TREET EGINNING AT PORT AVENUE ST SIDE OF IYERS STREET 42. Mercantile hatl. Bank 359.46 LF C 8 G 3.04 _ i-•94 loS /.Od . x;94 . c Annex B 1437.84 SF Sidewalk 0.73 Port -Ayers Suburban Ctr. -0- Dwy. 1.30 -0- Box 7247 'o 'z% 43. Mercantile Nat. Bank -0- x C & G 3.04 -0- C Lot A - Horne Tract -0- Sidewalk 0.73 -0- Box 7668 -0- Dwy. 1.30 -0- -0- 44. Mercantile Nat. Bank -0- x C & G 3.04 -0- C Lot 4R, Blk. B -1 -0- Sidewalk 0.73 -0- Port -Ayers Suburban Ctr. -0- + Driveway 1.30 -0- Box 7668 -0- 45. Gromarco, Inc. 410.64 LF C & G 3.04 1,248.35 C Lot 3, Blk. B -1 1286.56 SF Sidewalk 0.73 939.19 Port -Ayers Suburban Ctr. 1306.54 SF Dwy. (1 -35' & 1.30 1,698.50 1014 Vine Street 2 -27') 3,886.04 Cincinnati, Ohio 0 46. Guy Braselton & Wife 117.40 LF C & G 3.04 356.90 C Clevia 469.60 SF Sidewalk 0.73 342.81 Lot 5B, Blk. B -1 -0- Dwy. 1.30 -0- Port -Ayers Suburban Ctr. 699.71 77 Townhouse Lane • Page a 9 ITEM OMER AND QUANTITY DESCRIPTION TOTAL NO. PROPERTY DESCRIPTION ASSESSED OF RATE AMOUNT AMOUNT ASSESSAfl;f+1T ASSESSED 47. Humble Oil Co. 200.0 IF C & G 3.04 608.00 C Lot 5A, Blk. B -1 596.0 SF Sidewalk 0.73 435.08 Port -Ayers Suburban Ctr. 947.5 SF Dwy.,(1 -30' & 1.30 1,231.75 Wilson Tower _ 1 -35') 2,274.83 ORNE ROAD I TERSECTION 48. Arco Sinclair Ref. Co. -0- x LF C & G 3.04 -0- C Portion of Blk. 1 -0- * Sidewalk 0.73 -0- Harland Industrial Sites -0- + Dwy. 1.30 -0- c/o George Mason 0.00 155 N. Wacker - Chicago 49. M. Shamoun k223.54 IF C & G 3.04 679.56 C Lots 20 & 21, Blk. 1 696.2 SF Sidewalk 0.73 508.23 Harland Industrial Sites 1231.5 SF Dwy..'1 -28', 1.30 1,600.95 534 Naples 1 -30' & 1 -22' *Return on Pearse Street 88.0 LF Hdr. Curb 5.33 469.04 3,257.781 PJARCE STREET INTER:ECTION 50. Beasley Ent. *153.27 IF C & G 3.04 465.94 C Lot 20, Blk. 2 509.1 SF Sidewalk 0.73 371.64 Harland Industrial Sites- -0- Dwy. 1.30 -0- Rt. 4, Box 222 837.58 Center, Texas *Return on Pearse Street 51. C. C. State Nat. Bank 78.63 LF C & G 3.04 239.04 C Lot 1, Gulf Addition 226.5 SF Sidewalk 0.73 165.35 Box 301 409.0 SF DA,ry. (1 -22') 1.30 531.70 936.09 Page ITEM OWNER AND QUANTITY i DESCRIPTION TOTAL NO. PROPERTY DESCRIPTION ASSESSED OF RATE AMOUNT ANOUNT ASSESSMENT ASSESSED 52. Mrs. Rose Josephs 258.70 LF C & G 3.04 786.45 C Lot 2, Gulf Addn. 750.8 SF Sidewalk 0.73 548.08 1122 Leopard 1347.0 SF Dwye. (1.35', 1.30 1,751.10 3 -L2') 3,085.63 53. Herman Josephs 78.63 LF C & G 3.04 239.04 C Lot 5, Gulf Addn. 314.5 SF Sidewalk 0.73 229.59 1122 Leopard -0- Dwy. 1.30 -0- 468.63 54. Great Expectations Oil 388.73 LF C & G 3.04 1,181.74 C Corporation 1066.9 SF Sidewalk 0.73 778.84 Lot 6, Gulf Addn. 2214.0 SF Dwy.(1 -24', 1.30 2,878.20 Attn: D. P. Dean 2- 35',1 -28') 4,838.78 First Nat'l. Bank Bldg. Ft. Worth, Texas 55. La Armada Housing Project 1146.0 LF C & G 3.04 3,483.84 C Lot 9, Section G 987.0* SF Sidewalk 0.73 720.51 Paisley's Subd. of the 369.0 SF Dwy.(2••30') 1.30 479.70 Hoffman Tract 110.0 LF Hdr. Curb 5.33 586.30 C. C. Housing Authority 5,270.35 Attn: Ruthmary Price Box 7008 o END OF • W1 ST SIDE OF t YERS STREET • BORNE ROAD AYERS -HORNS INTERSECTION AND 410' S.E. AND Page 100' N.W. ON HORNE ROAD ITEM NO. OWNER AND PROPERTY DESCRIPTION QUANTITY ASSESSED 8 DESCRIPTION OF ASSESSMENT RATE AMOUNT TOTAL AMOUNT ASSESSED BEGINNING APPROX. 300' N.W. OF AY EIS NORTH SIDE } RNE ROAD 56. krco Sinclair Ref. Co. -0 x LF C , G 3.04 -0- C Portion of Blk. 1 -0- *. Sidewalk 0.73 -0- Harland Industrial Sites 257.2+ SF Dcvy. (1 -251) 1.30 334.36 c/o George Mason 334.36 155 N. Wacker - Chicago AIERS STREET -RSECTION i 57. Jim Ray Wise 77.67 LF C & G 0.00 -0- B Lot 17, Blk. 1 310.68 SF Sidewalk 0.37 114.95 Arcadia Village -0- Dwy. 1.30 -0- 22 W. Vanderbilt }1:4.95� 58. P. J. Macione 89.21 LF C & G 0.00 -0- B Lot 16, Blk. 1 356.84 SF Sidewalk 0.37 132.03 Arcadia Village -0- Dwy. 1.30 -0- 047 W. Vanderb; It Aa2-@3 p 59. 4. A. Gipson . 62.51 LF C & G 0.00 -0- 8 Lot 15, Blk. 1 250.0 SF Sidewalk 0.37 92.50 rcadia Village -0- Dwy. 1.30 -0- 043 W. Vanderbilt 60. G. Phillip Albright 62.5 IF C & G 0.00 -0- B Lot 14, Blk. 1 250.0 SF Sidewalk 0.37 92.50 rcadia Village -0- Dwy. 1.30 -0- 135 S. Alameda .92-5S -4 • Page 4035 W. Vanderbilt 62. Jay R. Jones B Lot 12, Elk. 1 Arcadia Village 4031 W. VandLrbi It 63. C 64. C E. C. Peterson Lots 20 R -1, Blk. 15 Cuiper Addn. Box 8229 62.5 LF C ,- G 150.0 SF Sic ewalk -0- Dwy. NORTH SID HORNE ROAD ON SOUTH IDE OF HORNE R( AT AYERS 4 55.36 LF C & G 41.8 SF ITEM OYlNER AND QUANTITY DESCRIPTION Hdr. Curb TOTAL NO. PROPERTY DESCRIPTION ASSESSED OF RATE AMOUNT AMOUNT ASSESSMENT ASSESSED 61. Jose H. Reyes 62.5 LF C & G 0.00 -0- B Lot 13, Blk. 1 250.0 SF Sidewalk 0.37 92.50 Arcadia Villaf,e -0- Dwy. 1.30 -0- 4035 W. Vanderbilt 62. Jay R. Jones B Lot 12, Elk. 1 Arcadia Village 4031 W. VandLrbi It 63. C 64. C E. C. Peterson Lots 20 R -1, Blk. 15 Cuiper Addn. Box 8229 62.5 LF C ,- G 150.0 SF Sic ewalk -0- Dwy. NORTH SID HORNE ROAD ON SOUTH IDE OF HORNE R( AT AYERS STREET 55.36 LF C & G 41.8 SF Sidewalk 95.0 SF Dwy. (1 -40') 57.0 LF Hdr. Curb 0delia T. Cavazos 105.0 LF, Lot 37, Blk. 15 525.0 SF Cuiper Addn.. -0- 4101 Carlton 74.0 LF I E D SOUTH SID] x - Credit Existing C & G + - Credit Existing Drivew y * - Credit Existing Sidewa k C - Commercial B - Backing F - Fronting �p 7 0.00 -0- 0.37 92.50 .1.30 -0- 3.04 776.29 0.73 760.51 1.30 643.50 5.33 836.81 3,017.31 C & C 3.04 319.20 Sidewalk 0.73 383.25 Dwy. 1.30 -0- Hdr. Curb 5.33 394.42 1,096.87 HORNE ROAD Total Bid Price $445,367. Total State Cost - 256,1-14, Gross Total. City Cos 188,952, Total Assess ents - Net Total Ci y Cost .4:297 59 ,SDK 9417.4 '��oofa.G • • THERE BEING NO FURTHER TESTIMONY OFFERED OR ANY FURTHER PARTIES APPEARING TO BE HEARD, UPON PROPER MOTIONS 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 TESTIMONYO TOGETHER WITH ALL PRO- TESTS AND OBJECTIONS RELATIVE TO'SUCH MATTERS AND AS TO ANY ERRORS, 1'VALIDI- TIES OR IRh'EGULARITIES IN ANY OF THE PROCEEDINGS AND CONTRACT FOR SAIE IM- PROVEMENTS, AND HAS GIVEN A FULL AND FAIR HEARING TO ALL PARTIES MAKIN3 OR DESIRING TO MAKE ANY SUCH PROTESTS OBJECTION OR OFFER TESTIMONY AND HAS FULLY EXAMINED AND CONSIDERED ALL EVIDENCES MATTERSt 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 ASUTS2 IN AN AMOUNT IN EXCESS OF THE AMOUNT OF THE COST OF SAID IMPROVEMENTS PROPOSED TO BED 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 o 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 - MENTSj AND IN ALL RESPECTS TO BE VALID AND REGULAR; AND SAID CITY COUNCIL 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 THEREOF2 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 THEREOF2 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. NOWP THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THERE BEING NO FURTHER PROTEST OR TESTIMONI FOR OR AGAINST SAID IMPROVEMENTS2 SAID HEARING GRANTED TO THE REAL AND TRUE. OWNERS OF :BUTTING PROPERTY.ON SAID STREETS WITHIN THE LIMITS ABOVE DEFINED AND TO ALL PLRSONSj FIRMS CORPORATIONS AND ESTATES, OWNING OR CLAIM_NG SAME OR'ANY INTEREST THEREIN, BE AND THE SAME IS HEREBY CLOSED AND ALI PROTESTS AND OBJECTIONS WHETHER SPECIFICALLY MENTIONED OR NOTE SHALL BES 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 THEREOFS 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 BED AND AS HEREIN ASSESSED AGAINST-SAID ABUTTING PROPERTY AND THE REAL AND TRUE OWNERS THEREOFS AND FINDS THAT THE APPORTIONMENT OF o 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 THC LAWS OF THE STATE OF TEXAS AND THE CHARTER PROVISIONS OF THE CITY OF CORPUS CHRISTI TEXASS AND THAT THE PROCEEDINGS AND CONTRACT HERETOFORE -5- HAD WITH REFERENCE TO SAID IMPROVEMENTS ARE IN ALL RESPECTS REGULARS PROPER AND VALID, AND THAT ALL PREREQUISITES TO THE FIXING OF THE ASSESSMENT LIENS AGAINST SAID ABUTTING PROPERTIES AS HEREINABOVE DESCRIBED AND THE PERSONAL LIABILITY OF THE REAL AND TRUE OWNER OR OWNERS 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 COUNCILS AUTHORIZING AND ORDERING THE IMPROVEMENTS OF THE ABOVE DESCRIBED STREET, WITHIN THE LIMITS DEFINEDS 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 lO6 OF THE ACTS OF THE FIRST CALLED SESSION OF THE 1OTH LEGISLATURE OF THE STATE OF TEXAS KNOWN AND SHOWN AS ARTICLE 1105a Or VERNON'S ANNOTATED CIVIL STATUTES OF TEXAS AS AMENDED, THERE SHALL BED AN) 15 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'SE 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 THEREOFj AND NAMES OF THE APPARENT OWNERS THEREOFj ALL AS CORRECTED AND ADJUSTED BY SAID CITY COUNCILS BEING AS FOLLOWS, TO -WIT: -6- SECTION 4. BE IT FURTHER ORDAINED THAT IN THE EVENT THE ACTUAL FRONTAGE OF ANY PROPERTY HEREIN ASSESSED SHALL BE FOUND UPON THE COMPLETION OF SAID IMPROVEMENTS TO BE GREATER OR LESS THAN THE NUMBER OF FEET HEREIN - ABOVE STATED, THE ASSESSMENTS HEREIN SET AGAINST ANY SUCH PROPERTY AND AGAINST THE REAL AND TRUE OWNER OR OWNERS THEREOF SHALL BE, AND THE SAME ARE HEREBY DECLARED TO BE INCREASED OR DECREASED AS THE CASE MAY 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 ASSESS14ENT 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 "j 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 TI, BE RECEIVED AND THE BURDENS IM?OSED THEREBY; AND IT IS FI -RTHER ORDAINED THAT UPON FINAL COMPLETION AND ACCEPTANCE OF SAID IMPROVEMENTS ON THE AFORESA D STREETS, WITHIN THE LIMITS DEFINED ALL CERTIFICATES HERiIN- 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 STREETS AND THE FINDINGS OF THE DIRECTOR OF PUBLIC WORKS SHALL BE FINAL AND BINDING UPON ALL PARTIES CONCERNED. SECTION 5. JHAT 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 THEREOF TOGETHER WITH INTEREST THEREON AT THE RATE OF SIX -7- s • AND ONE -HALF (6 -1 /2u) PER ANNUM WITH REASONABLE ATTORNEYS FEE AND ALL COSTS AND EXPENSES OF COLLECTION? IF INCURRED, ARE HEREBY DECLARED TO BE MADE A FIRST A14D PRIOR LIEN UPON THE RESPECTIVE PARCELS OF PROPERTY, AGAINST WHICH SAME ARE ASSESSED FROM AND AFTER THE DATE SAID IMPROVEMENTS WERE ORDERED BY SAID CITY COUNCIL, TO -WIT: November 8, 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 TWENTY PERCENT (20%) CASH WITHIN TWENTY DAYS AFTER THE COMPLETION OF SAID WORK AND ITS ACCEPTANCE BY THE CITY, AND ZC,'.' RESPECTIVELY ON OR BEFORE ONE 'YEAR, TWO YEARS, THREE YEARS AND FOUR YEARS AFTER THE COMPLETION OF SAID WORK AND ITS ACCEPTANCE BY THE CITY, WITH INTEREST FROM DAY OF SUCH COMPLETION AND ACCEPTANCE BY THE CITY UNTIL PAID AT THE RATE OF 6 -111C7j PER ANNUM; OR 3. PAYMENTS TO BE MADE IN MAXIMUM OF 60 EQUAL INSTALL- • MENTS, THE FIRST OF WHICH SHALL BE PAID WITHIN PO DAYS AFTER THE COMPLETION OF SAID IMPROVEMENT, 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 FULL, TOGETHER WITH INTEREST FROM THE DATE OF SAID COMPLETION AND ACCEPTANCE BY THE CITY, UNTIL PAID, AT THE RATE OF SIX AND ONE -HALF PERCENT (6 -1 1Zn) -8- A_ PER ANNUM; PROVIDED HOWEVER THAT THE OWNERS OF SAID PROPERTY AVAILING THEMSELVES OF OPTION nQn 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 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 'AID CITY COUNCILS WHICH CERTIFICATES SHALL BE EXECUTED BY THE MAYOR IN THE NAME OF THE CITY ATTESTED BY THE CITY SECRETARYj WITH THC CORPORATE .SEAL OF SAID CITYp AND WHICH CERTIFICATES SHALL DECLARE THE FMOUNTS OF SAID AS:E'SSMENTS AND THE TIMES AND TER4S 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 NUMBERS OR FRONT FOOT THEREOF OR SUCH OTHER DESCRIPTION AS MAY OTHERWISE IDENTIFY THE BAME, 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 T14E 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 PAYABLES AND SHALL BE COLLECTIBLE WITH REASONABLE ATTORNEYS FEES AND ALL EXPENSES AND COSTS OF COLLECTIONS IF`fNCURRED, 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 COUNCIL, TO -WIT: November 8, 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 PREREQI'ISITES TO THE FIXING OF THE ASSESSMENT LIEN AGAINST THE PROPERTY THEREIN DESCRIBED, OR ATTEMPTC', TO BE DESCRIBED AND THE PERSONAL LIABILITY OF THE REAL 4i11) TRUE OWNER (l1; OWNERS THEREOF, EVIDENCED BY SUCH CERTIFICATES, HAVE BECN 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 0 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 _10- ASSESSMENT OR IN THE CERTIFICATE ISSUED IN EVIDENCE THEREOF, MAY BE, BUT IS NOT REQUIRED TO BE, TO BE ENFORCEABLE, AT ANY TIME CORRECTED BY THE SAID CITY COUNCIL OF THE CITY OF CORPUS CHRISTI. FURTHER THAT THE OMISSION OF SAID IMPROVEMENTS IN FRONT OF 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 AS, 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 1061 OF THE ACTS OF THE FII?ST- CALLED SESSION OF THE BOTH LEGISLATURE OF THE STATE OF TEXAS, KNOWN A'i ARTICLE 110.jll OF VERNON'S ANNOTATED CIVIL STATUTES OF TEXAS AND THE CHARTER OF THE CITY OF CORPUS CHRISTI, TEXAS, UNDER WHICH TERMS, POWERS AND P.iOVIS10NS SAID PROCEEDINGS, SAID IMPROVEMENTS AND ASSESSMENTS WERE HAD AND MADE 9Y 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 INTRODUCTION, 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 • s CORPUS CHRISTI, TEXAS Za DAY OF .(`/.x.CQ�, i9--ZL- 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. RESPECTFU Y, YOR Nro•_derR THE CITY OF CORPUS CHRISTI,, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: RONNIE SIZEMORE ' CHARLES A. BON NIWELL v 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: RONN I E S 1 ZEMORE a_h -aJ.y� CHARLES A. BONNIWELL ROBERTO BGSQUEZ, M.D. REV. HAROLD T. BRANCH THOMAS V. GONZALES ' GABE LOZANO, SR. J. HOWARD STARK