HomeMy WebLinkAbout11518 ORD - 06/13/19736,
AN ORDINANCE
CLOSING THE HEARING ON STREET IMPROVEMENTS FOR THE
FOLLOWING STREETS:
Columbia Drive from the south right of way line
of Lolita Street to the north right of way line of
Bloomington 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,
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 25th DAY OF April ,
1973, DETERMINED THE NECESSITY FOR, AND ORDERED THE IMPROVEMENT OF THE
FOLLOWING STREETS:
Columbia Drive from the south right of way line
of Lolita Street to the north right of way line
of Bloomington Street,
IN THE MANNER AND ACCORDING TO THE PLANS AND SPECIFICATIONS HERETOFORE
APPROVED AND ADOPTED BY THE CITY COUNCIL BY ORDINANCE DATED April 25 ,
1973, 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
11518
N,
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 Constructors-,
AS AUTHORIZED BY ORDINANCE ND. , DATED April 4, 1973 ; AND THE
PERFORMANCE BOND REQUIRED BY SAID CONTRACT HAS BEEN PROPERLY FURNISHED BY
SAID Burtex Constructors 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
April 25, 1973 , 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
April 25, 1973 , DID ORDER AND SET A HEARING TO BE HELD AT 4:00 P:M. ,
ON THE 6th DAY OF June , 1973, IN THE COUNCIL CHAMBERS OF THE
CITY HALL, IN THE CITY OF CORPUS CHRISTI, TEXAS, FOR THE REAL AND TRUE OWNERS
OF THE PROPERTY ABUTTING UPON SAID STREETS, WITHIN THE LIMITS ABOVE DEFINED,
AND FOR ALL OTHERS OWNING OR CLAIMING ANY INTEREST IN, OR OTHERWISE INTERESTED
IN SAID PROPERTY, OR ANY OF SAID MATTERS AS TO THE ASSESSMENTS AND AMOUNTS
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TO BE ASSESSED AGAINST EACH PARCEL OR ABUTTING PROPERTY AND THE REAL AND
TRUE OWNER OR OWNERS THEREOF AND AS TO THE SPECIAL BENEFITS TO ACCRUE TO
SAID ABUTTING PROPERTY BY VIRTUE OF SAID IMPROVEMENTS; IF ANYI OR CONCERN-
ING ANY ERRORS INVALIDITY, IRREGULARITY' -0R 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
1 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
11056, VERNON'S ANNOTATED CIVIL STATUTES; AND
WHEREAS, AFTER DUE, REGULAR AND PROPER NOTICE THEREOF, ALL AS
PROVIDED BY LAW AND THE CHARTER OF THE CJTY OF CORPUS CHRISTI, SAID HEARING
OF WHICH NOTICE,WAS GIVENS WAS OPENED AND HELD ON June 6. 1973 -�
IN THE COUNCIL CHAMBERS OF CITY HALL IN THE CITY OF CORPUS CHRISTI, TEXAS
IN ACCORDANCE WITH SAID ORDINANCE AND NOTICES AT WHICH TIME AN OPPORTUNITY
WAS GIVEN TO ALL SAID ABOVE- MENTIONED PERSONS, FIRMS CORPORATIONS AND
ESTATES, THEIR AGENTS AND ATTORNEYS, TO BE HEARD AND TO OFFER EVIDENCE AS
TO ALL MATTERS IN ACCORDANCE WITH SAID ORDINANCE AND NOTICE, AT WHICH TIME
THE FOLLOWING APPEARED AND OFFERED THE FOLLOWING TESTIMONY:
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Mayor Luby announced the public hearing on assessments for construction of
Columbia Street from Lolita to Bloomington Street scheduled for 4:00 p.m,
City Manager Townsend explained the purpose of the hearing and the procedure
to be followed, stating that abutting property owners or those claiming any interest in said
proceedings may appear to be heard in person or by counsel and offer evidence concerning
any matter connected with the improvements or assessments. He stated the Director of
Engineering Services would present plans and specifications of the project and Assistant City
Attorney Michael May would conduct the hearing.
Assistant City Attorney May stated the purpose of this hearing was to* comply with
the statutes regarding paving assessments; that testimony would be heard from the Director of
Engineering Services, and evaluation testimony from a real estate appraiser to substantiate
the assessments which appear on the assessment roll, and that this hearing is to form a basis
on which the Council, acting as a legislative body, would determine or establish the assess-
ments on the abutting properties.
Director of Engineering Services James K. Lantos was interrogated as to his
identity, occupation, time of residence in the City, formal qualifications and familiarity
with the subject project. He presented plans for the proposed improvements, explained the
nature, extent and specifications, and pointed out the locations on the map, stating that the
streets involved Columbia Drive, from the south right -of -way line of Loliia Street to the
north right -of -way line of Bloomington Street; that three months ago a public hearing was
held on the assessments of the Horne Road project, Unit 1, and the question of extending
the improvements to cover the portion of Columbia Street from Lolita to Bloomington was
brought up, and it was recommended that this portion of Columbia Street be constructed as
part of that Project by Change Order. He stated the assessment rates have been calculated
in accordance with the City's assessment policy using the unit bid prices as submitted by
Burtex Constructors, the low bidder on the Horne Road Project; that the total contract
price is $25,661.55; total estimated assessments are $5,883.97, and total City's portion
is $19,777.58. He explained that all necessary drainage and appurtenances to properly
drain this street are included in this project.
Members of the audience were given an opportunity to question Mr. Lantos rela-
tive to the plans and specifications.
Mr. Harold Carr testified as to his identity as a real estate appraiser, time of
residence in the City, 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 described the general area, and stated he had
personally examined each parcel of land and that each and every Parcel would be enhanced in
value as a result of the proposed improvements at least to the amount of the assessment, with
the exception of the following:
Item 06, 4239 Columbia, Lot 1 -A, Block 3, Laguna Acres. He stated the owner
of this property has 181 feet of frontage on Columbia Street and has a depth of only 34 feet,
and as a consequence, it would be impossible for him to receive as much benefit from these
improvements as he would if his lot were 100 feet deep. He explained that by applying the
depth factor to the assessment of $7.15 per front foot, he would recommend that this owner
be assessed $4.16 per front foot, making a total of $752.96 for pavement, and a totc: of
$298.65 for sidewalk paving.
Item 95, 1237 Mendoza, Lot 23 -B, Block 2, Laguna Acres. Mr. Carr stated this
property sides up to Columbia Street for a distance of 50 feet, and in this case, his assess -
mean should be treated the same as the three preceding Items 2, 3, and 4, which would
make the assessment for curbs, and gutters $237.50 and for sidewalk and paving, $114.00,
making a total of $351.50 instead of the $177.00 shown on the preliminary assessment roll.
He pointed out that the adjustment is recommended because the property fronts on Columbia
and sides on Mendoso.
Persons in the audience were given the opportunity to address the Council stating
their objections, if any, to the assessments.
Mr. Eudias Dominguez (Item �6) spoke to the Council in Spanish. Commissioner
Lozano translated his comments, stating that Mr. Dominguez has been ill for several years,
has been out of work most of the time, that his wife is also ill, cnd that he has absolutely
no way to pay for the assessments.
City Manager Townsend explained the provisions for paying the assessments, stat-
ing that the policy of the enforcement is that it becomes a lien on the property; that no
0 0
portion of the assessment is due until the work is finished; that collection falls on the Legal
Department to work out a payment schedule on an agreed basis if there il, in fact, a hard-
ship. He stated that the City has never been known to evict a property owner because of
a paving lien. He stated Q thorough check will be made of these properties to determine
if they are side streets or front on Colympia, and if they are side streets, the assessments
will be something less than one -half the amount stated on the roll.
No one else appeared to be heard in connection with the proposed street improve-
ments.
Motion by Lozano, seconded by Branch and passed, that the hearing be closed and
the recommended adjustments be taken under advisement.
There being no further business to come before the Council, the meeting was
adjourned at 4:55 p.m. Wednesday, June 6, 1973.
THERE BEING NO FURTHER TESTIMONY OFFERED OR ANY FURTHER PARTIES
APPEARING TO BE HEARD, UPON PROPER MOTION, DULY SECONDED AND UNANIMOUSLY
CARRIED, THE SAID HEARING WAS DECLARED CLOSED; AND
WHEREAS, NO FURTHER PARTIES APPEARING AND NO FURTHER TESTIMONY
BEING OFFERED AS TO THE SPECIAL BENEFITS IN RELATION TO THE ENHANCED VALUE
OF SAID ABUTTING PROPERTY AS COMPARED TO COST OF THE IMPROVEMENTS OF SAID
PORTION OF SAID STREETS PROPOSED TO BE ASSESSED AGAINST SAID PROPERTY, OR
AS TO ANY ERRORS, INVALIDITIES OR IRREGULARITIES, IN THE PROCEEDING OR
CONTRACT HERETOFORE HAD-.IN REFERENCE TO THE PORTIONS OF SAID STREETS TO
BE IMPROVED; AND
` WHEREAS, SAID CITY COUNCIL HAS HEARD EVIDENCE AS TO THE SPECIAL
BENEFITS AND ENHANCED VALUE TO ACCRUE TO SAID ABUTTING PROPERTY, AND THE
REAL AND TRUE OWNER OR OWNERS THEREOF, AS COMPARED WITH THE COST OF MAKING
SAID IMPROVEMENTS ON SAID STREETS WITHIN THE LIMITS ABOVE DEFINED, AND HAS
HEARD ALL PARTIES APPEARING AND OFFERING TESTIMONY, TOGETHER WITH ALL PRO-
TESTS AND OBJECTIONS RELATIVE TO SUCH MATTERS AND AS TO ANY ERRORS, INVALIDI-
TIES OR IRREGULARITIES IN ANY OF THE PROCEEDINGS AND CONTRACT FOR SAID IM-
PROVEMENTS, AND HAS GIVEN A FULL AND FAIR HEARING TO ALL PARTIES MAKING OR
DESIRING TO MAKE ANY SUCH PROTEST, OBJECTION OR OFFER TESTIMONY AND HAS
FULLY EXAMINED AND CONSIDERED ALL EVIDENCE, MATTERS, OBJECTIONS AND PROTESTS
OFFERED AND BASED UPON SAID EVIDENCE, TESTIMONY AND STATEMENTS, SAID CITY
COUNCIL FINDS THAT EACH AND EVERY PARCEL OF PROPERTY ABUTTING UPON THE
PORTION OF THE STREETS AFORESAID WITHIN THE LIMITS TO BE IMPROVED AS HEREIN
DEFINED, WILL BE ENHANCED IN VALUE AND SPECIALLY BENEFITED BY THE CONSTRUC-
TION OF SAID IMPROVEMENTS UPON THE SAID STREETS UPON WHICH SAID PROPERTY
ABUTS, IN AN AMOUNT IN EXCESS OF THE AMOUNT OF THE COST OF SAID IMPROVEMENTS
PROPOSED TO BE, AND AS HEREINBELOW ASSESSED AGAINST EACH AND EVERY SAID
PARCEL OF ABUTTING PROPERTY, AND THE REAL AND TRUE OWNERS THEREOF, AND SAID
CITY COUNCIL DID CONSIDER AND CORRECT ALL ERRORS, INVALIDITIES OR DEFICIENCIES
CALLED TO ITS ATTENTION AND DID FIND THAT ALL PROCEEDINGS AND CONTRACTS WERE
PROPER AND IN ACCORDANCE WITH THE CHARTER OF SAID CITY AND THE LAWS OF THE
STATE OF TEXAS, UNDER WHICH THOSE PROCEEDINGS WERE BEING HAD, AND THE PRO-
CEEDINGS OF SAID CITY COUNCIL HERETOFORE HAD WITH REFERENCE TO SUCH IMPROVE-
MENTS, AND IN ALL RESPECTS TO BE VALID AND REGULAR; AND SAID CITY COUNCIL
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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
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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 THEREOF3 WHETHER NAMED OR
CORRECTLY NAMED HEREIN OR NOT, HAVE BEEN IN ALL THINGS REGULARLY HAD AND
PERFORMED IN COMPLIANCE WITH THE LAW, CHARTER PROVISIONS AND PROCEEDINGS OF
THE SAID CITY COUNCIL.
SECTION 3. THAT IN PURSUANCE OF SAID ORDINANCES, DULY ENACTED
BY SAID CITY COUNCIL, AUTHORIZING AND ORDERING THE IMPROVEMENTS OF THE ABOVE
DESCRIBED STREET, WITHIN THE LIMITS DEFINED AND IN PURSUANCE OF SAID
PROCEEDINGS HERETOFORE HAD AND ENACTED BY SAID CITY COUNCIL, IN REFERENCE
TO SAID IMPROVEMENTS AND BY VIRTUE OF THE POWERS VESTED IN SAID CITY WITH
RESPECT TO SAID STREET IMPROVEMENTS BY THE LAWS OF THE STATE OF TEXAS AND
THE CHARTER OF SAID CITY, WITH PARTICULAR REFERENCE TO CHAPTER 106 OF THE
ACTS OF THE FIRST CALLED SESSION,OF THE 40TH LEGISLATURE OF THE STATE OF
TEXAS KNOWN AND SHOWN AS ARTICLE 11055 OF VERNON'S ANNOTATED CIVIL STATUTES
OF TEXAS, AS AMENDED, THERE SHALL BE, AND 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 BE NAMED.OR CORRECTLY NAMED HEREIN OR NOTE
THE SEVERAL SUMS OF MONEY HEREINBELOW MENYIONED 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:
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Corrected
Assessment Roll
6 -11 -73
COLUMBIA STREET DTROVE[AENTS
This project will be constructed as an addition to the Horne Road
Improvements, Unit 1. The street shall be excavated to a depth
and width to permit the laying of a standard curb and gutter section
and a pavement width of 41 feet measured from back to back of curb,
with a 6" compacted sub - grade, 10" compacted caliche base and 2"
Type D hot -mix asphalt surface. 5' wide, 4" thick tied to back of
curb sidewalks and standard driveways where specified or requested
by the property owners will also be installed.
All necessary drainage and appurtenances to properly drain this
street are also to be constructed.
y "
The assessment rates have been calculated in accordance with the
City's assessment policy using the unit bid prices as submitted by
Burtex Constructors, the low bidder on the Horne Road project.
The assessment rates on this project are as follows
Curb and gutter and pavement
Sidewalk
Driveway
TOTAL CONTRACT PRICE
TOTAL EST124ATED ASSESSMENTS
TOTAL CITY'S PORTION
$7:15 per linear foot
$0.57 per square foot
$1.07 per square foot
$25,661.55
5.003.70
20 6
C o.-r�/
James K. Lonto , P. .
Director of Engineering Services
WEST SIDE OF COLUMBIA DRIVE
FROM LOLITA STREET TO BLOOMINGTON
Page 1
ITEM
NO.
OWNER AND
PROPERTY DESCRIPTION
QUANTITY
ASSESSED
DESCRIPTION
OF
ASSESSMENT
RATE
AMOUNT
TOTAL
AMOUNT
ASSESSED
-
West Sid
Columbia D
ive at Lolita Street
1. (S)
Sixto M. Loera.
190.00 L.F.
C,G, Pvmt.
2.38
452.20
1237 Lolita Street
720.00 S.F.
Sidewalk
-0.29
208.80
Lot 1 -A, Block 2
71.06 S.F.
Driveway 10'
1.07
76.03
737.03
Laguna Acres
9
r.
2. (F)
Adam G. Contreras
45.00 L.F
C,G, Pvmt.
4.75
213.75
4306 Yolanda
132.00 S.F.
Sidewalk
0.57
75.24
Lot 23 -A, Block 2
77.53 S.F.
Driveway 12'
1.07
82.96
371.95
Laguna Acres
3. (F)
Luis Pena
45.00 L.F.
C,G,.Pvmt.
4.75
213.75
3722 W. McLeon
132.00 S.F.
Sidewalk
0.57
75.24
Chicago, Ill. 60647
77.53 S.F.
Driveway 12'
1.07
82.96
371.95
Lot 23 -B, Block 2
Laguna Acres
-
4. (F)
Gasper T. Curiel
50.00 L F.
C,G, Pvmt.
4.75
237.50
4225 Columbia
152.00 S.F.
Sidewalk
0.57
86.64
Lot 23 -C, Block 2
83.06 S.F.
Driveway 12'
1.07
88.87
413.01
Laguna Acres
5. (S)
Rodolfo Garcia
50.00 L.F.
C,G, Pvmt.
4.75
237.50
1237 Mendoza
200.00 S.F.
Sidewalk
0.57
114.00
Lot 23 -B, Block 2
-0- S.F.
Driveway
1.07
-0-
351.50
Laguna Acres
Mendoza
3treet
o. o
Page 2
ITEM
NO.
OWNER AND
PROPERTY DESCRIPTION
QUANTITY
ASSESSED
a
DESCRIPTION
OF
ASSESSMENT
RATE
AMOUNT
TOTAL
AMOUNT
ASSESSED
6. (F)
Eudias Dominguez
181.00 L.F.
C,G, Pvmt.
2.38
430.78
Comm.
4239 Columbia
905.00 S.F.
Sidewalk
0.29
264.45
Lot 1 -A, Block 3
-0- S.F
Driveway
1.07
-0-
755.23'
Laguna Acres
7. (S)
Jose N. Mendez
181.00 L.F.
C,G, Pvmt.
7.15
1,294.15
Comm.
2246 Presa Street
444.00 S.F.
Sidewalk y
0.58
257.52
Lot 20, Block 3
421.84 S.F.
Driveway
1.07
451.36
2,003.03
Laguna Acres
Bloomingtcn
Street
Er,d
Columbia Etreet
Project
TOTAL
ONTRACT PRICE
$25,661,55
TOTAL
STIMATED ASSES
MENTS
5,003.7Q
TOTAL
ITY'S PORTION
$20,657.85
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 ASSESSMENT HEREIN ADOPTED, IT BEING THE
INTENTION THAT SUCH PARCEL OF PROPERTY AND THE REAL AND TRUE OWNER OR OWNERS
THEREOF ABUTTING ON THE PORTION OF THE STREETS ABOVE DESCRIBED, WITHIN THE
LIMITS DEFINED SHALL PAY FOR SAID IMPROVEMENTS UNDER THE "FRONT FOOT RULE
OR PLAN ", WHICH RULE OR PLAN IS HEREBY FOUND AND DETERMINED TO BE JUST AND
EQUITABLE AND TO PRODUCE A SUBSTANTIAL EQUALITY, HAVING IN VIEW THE SPECIAL
BENEFITS TO BE RECEIVED AND THE BURDENS IMPOSED THEREBY; AND IT IS FURTHER
ORDAINED THAT UPON FINAL COMPLETION AND ACCEPTANCE OF SAID IMPROVEMENTS ON
THE AFORESAID STREETS, WITHIN THE LIMITS DEFINED ALL CERTIFICATES HEREIN-
AFTER PROVIDED FOR, ISSUED TO EVIDENCE SAID ASSESSMENTS AGAINST SAID PARCELS
OF PROPERTY ABUTTING UPON SAID STREET, AND THE REAL AND TRUE OWNER OR OWNERS
THEREOF, SHALL BE ISSUED IN ACCORDANCE WITH) AND SHALL EVIDENCE THE ACTUAL
FRONTAGE OF SAID PROPERTY AND THE ACTUAL COST OF SAID IMPROVEMENTS, THE
AMOUNT NAMED IN SAID CERTIFICATE IN NO CASE TO EXCEED THE AMOUNT HEREIN
ASSESSED AGAINST SUCH PROPERTY UNLESS SUC+1 INCREASE BE CAUSED BY AN EXCESS
OF FRONT FOOTAGE OVER THE AMOUNT HEREINABOVE STATED, SUCH ACTUAL COST AND
SUCH ACTUAL NUMBER OF FRONT FEET, IF DIFFERENT FROM THE HEREINABOVE SHOWN
IN SECTION 3 HEREOF, TO BE DETERMINED BY THE DIRECTOR OF PUBLIC WORKS UPON
COMPLETION OF SAID WORK ON SAID STREET, AND THE FINDINGS OF THE DIRECTOR OF
PUBLIC WORKS SHALL BE FINAL AND. BINDING UPON ALL PARTIES CONCERNED.
SECTION 5. THAT THE SEVERAL SUMS MENTIONED ABOVE IN SECTION 3
HEREOF ASSESSED AGAINST SAID PARCELS OF PROPERTY ABUTTING ON THE AFORESAID
STREETS WITHIN THE LIMITS DEFINED AND THE REAL AND TRUE OWNERS THEREOF
WHETHER NAMED OR CORRECTLY NAMED HEREIN OR NOT, SUBJECT TO THE PROVISIONS
OF SECTION li THEREOF, TOGETHER WITH INTEREST THEREON AT THE RATE OF SIX
-7-
AND ONE -HALF (6 -1/2 %) PER ANNUM WITH REASONABLE ATTORNEYS FEE AND ALL
COSTS AND EXPENSES OF COLLECTION, IF INCURRED ARE HEREBY, DECLARED TO BE
MADE A FIRST AND PRIOR LIEN UPON THE RESPECTIVE PARCELS OF PROPERTY
AGAINST WHICH SAME ARE ASSESSED FROM AND AFTER THE DATE SAID IMPROVEMENTS
WERE ORDERED BY SAID CITY COUNCIL, TO -WIT: April 25, 1973 , 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 50 ASSESSED
SHALL BE PAID AND BECOME PAYABLE IN ONE OF THE FOLLOWING METHODS AT THE
OPTION OF THE PROPERTY OWNER:
1. ALL IN CASH WITHIN 20 DAYS AFTER COMPLETION OR
ACCEPTANCE BY THE CITY; OR
2. TWENTY-PERCENT (20 ,co) CASH WITHIN TWENTY DAYS
AFTER THE COMPLETION OF SAID WORK AND ITS ACCEPTANCE
BY THE CITY AND 20`u RESPECTIVELY ON OR BEFORE ONE
• YEAR, TWO YEARS, THREE YEARS AND FOUR YEARS AFTER
THE COMPLETION OF SAID WORK AND ITS ACCEPTANCE BY
THE CITY WITH INTEREST FROM DAY OF SUCH COMPLETION
AND ACCEPTANCE BY THE CITY UNTIL PAID AT THE RATE OF
6 -1/2% PER ANNUM; OR
3, PAYMENTS TO BE MADE IN MAXIOUM OF 60 EQUAL INSTALL-
MENTS, THE FIRST OF WHICH SHALL BE PAID WITHIN 20
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 -
MEI4TS 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- 1/2/0)
PER ANNUM; PROVIDED HOWEVER THAT THE OWNERS
OF SAID PROPERTY AVAILING THEMSELVES OF OPTION
"2" OR "3" ABOVE SHALL HAVE THE PRIVILEGE OF
PAYING ONE, OR ALLY OF SUCH INSTALLMENTS AT ANY
TIME BEFORE MATURITY THEREOF BY PAYING THE
TOTAL AMOUNT OF PRINCIPAL DUE, TOGETHER WITH
INTEREST ACCRUED, TO THE DATE OF PAYMENT.
SECTION 6. THAT FOR THE PURPOSE OF EVIDENCING SAID ASSESSMENTS,
THE LIENS SECURING SAME AND THE SEVERAL SUMS ASSESSED AGAINST THE SAID
PARCELS OF PROPERTY AND THE REAL AND TRUE OWNER OR OWNERS THEREOF AND THE
TIME AND TERMS OF PAYMENT] AND TO AID IN THE ENFORCEMENT THEREOF] ASSIGN -
1
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
1 MAYOR IN THE NAME OF THE CITY,,ATTESTED BY THE CITY SECRETARY, WITH THE
CORPORATE SEAL OF SAID CITY, AND WHICH CERTIFICATES SHALL DECLARE THE AMOUNTS
OF SAID ASSESSMENTS AND THE TIMES AND TERMS THEREOF, THE RATE OF INTEREST
THEREON, THE DATE OF THE COMPLETION AND ACCEPTANCE OF THE IMPROVEMENTS FOR
WHICH THE CERTIFICATE IS ISSUED, AND SHALL CONTAIN THE NAMES OF THE APPARENT
TRUE OWNER OR OWNERS AS ACCURATELY AS POSSIBLE, AND THE DESCRIPTION OF THE
PROPERTY ASSESSED BY LOT AND BLOCK NUMBER, OR FRONT FOOT THEREOF, OR SUCH
OTHER DESCRIPTION AS MAY OTHERWISE IDENTIFY THE SAME, AND IF THE SAID PRO-
. PERTY SHALL BE OWNED BY AN ESTATE OR FIRM,- THEN TO SO STATE THE FACT SHALL
BE SUFFICIENT AND NO ERROR OR MISTAKE IN DESCRIBING SUCH PROPERTY OR IN
GIVING THE NAME OF ANY OWNER OR 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
I
INTEREST WHEN DUE, THEN AT THE OPTION OF THE CITY, ITS SUCCESSORS OR ASSIGNS,
OR THE HOLDER THEREOF] THE WHOLE OF SAID ASSESSMENT EVIDENCED THEREBY SHALL
AT ONCE BECOME'DUE AND PAYABLE AND SHALL BE COLLECTIBLE WITH REASONABLE
ATTORNEYS FEES AND ALL EXPENSES AND COSTS OF COLLECTION] IF INCURRED, AND
SAID CERTIFICATC SHALL SET FORTII AND EVIDENCE THE PERSONAL LIABILITY OF THE
�9�
o _ o
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:
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 DES CRIBED, 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 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 MISTAKES OR ERROR, INVALIDITY OR IRREGULARITY WHETHER IN SUCH
ASSESSMENT OR IN THE CERTIFICATE ISSUED IN EVIDENCE THEREOF, MAY BED BUT IS
NOT REQUIRED TO BED TO BE ENFORCEABLE, AT ANY TIME CORRECTED BY THE SAID
CITY COUNCIL OF THE CITY OF CORPUS CHRISTI. FURTHER THAT THE OMISSION OF
SAID IMPROVEMENTS IN FRONT OF ANY PART OR PARCEL OF PROPERTY ABUTTING UPON
THE AFOREMENTIONED STREETS, WHICH IS EXEMPT FROM THE LIEN OF SAID ASSESS-
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 1O6 OF THE ACTS OF THE FIRST -
CALLED SESSION OF THE 40TH 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 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
t
AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE,
IT IS ACCORDINGLY SO ORDAINED, THIS THE DAY OF Tune 1973
aA - - /' /'
CITY SECRETARY. / MAY
THE CITY OF CORPUS CHRISTI, TEXAS
APPROVED:
r# DA , 973
1 ATTORN Y
Corpus Christi, Texas
,tk, day of 19 %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.
Respectfully,
MAY
THE CITY OF CORPUS CHRISTI, TEXAS
The Charter rule was suspended by the following vote:
Jason Luby
�.
James T. Acuff
({
Rev. Harold T. Branch
Thomas V. Gonzales
-
Ricardo Gonzalez
Gabe Lozano, Sr.
(fie
J. Howard Stark
Ct t
The above ordinance was passed by the following vote:
Jason Luby
James T. Acuff
Q�
Rev. Harold T. Branch
Thomas V. Gonzales
C i
Ricardo Gonzalez
Gabe Lozano, Sr.
Qe
J. Howard Stark
p�,�✓
U