HomeMy WebLinkAbout11530 ORD - 06/20/1973JRR:vp:6 /18/73:lst
AN ORDINANCE
CLOSING THE HEARING ON STREET IMPROVEMENTS FOR THE
FOLLOWING STREETS:
PRESCOTT STREET IMPROVEMENTS, FROM THE NORTH RIGHT -
OF -WAY LINE OF GOLLIHAR ROAD TO THE SOUTH PROPERTY
LINE OF LOT 5, BLOCK 14, TEMPLE ADDITION;
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 16th DAY OF May ,
1973, DETERMINED THE NECESSITY FOR, AND ORDERED THE IMPROVEMENT OF THE
FOLLOWING STREETS:
Prescott Street Improvements, from the North Right -
of -Way line of Gollihar Road to the South property
line of Lot 5, Block 14, Temple Addition
IN THE MANNER AND ACCORDING TO fHE PLANS AND SPECIFICATIONS HERETOFORE \
APPROVED AND ADOPTED BY THE CITY COUNCIL BY ORDINANCE DATED May 16 ,
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
11530
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 a
AS AUTHORIZED BY ORDINANCE NO. , DATED �June�720, 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 NATTERS RELATING THERETO WITH SAID CITY COUNCIL,
AND SAME HAS BEEN RECEIVED, EXAMINED AND APPROVED BY SAID CITY COUNCIL; AND
WHEREAS, SAID CITY COUNCIL, BY DULY ENACTED ORDINANCE DATED
May. 16, 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
May 16, 1973 , DID ORDER AND SET A HEARING TO BE HELD AT 4:00 PM ,
ON THE 13th 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
TO BE ASSESSED AGAINST EACH PARCEL OR AOUTTING 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 FLATTERS; 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
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 CITY OF CORPUS CHRISTI, SAID HEARING
OF WHICH NOTICE WAS GIVEN, WAS OPENED AND HELD ON June 13, 1973 ,
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
Regular Council Meeting
June 13, 1973
Page 15
WAY OF AYERS STREET BETWEEN HORNE ROAD AND CUiPER STREET (SOU E),
SAID AREA HAVING PREVIOUSLY BEEN GRANTED A REVOCABLE EAS'FMBRT FOR
PARKING TO E. C. PETERSON, TRUSTEE, BY ORDINANCE NO. 185, SUCH SIGN
TO CONFORM TO ALL CITY ZONING AND BUILDING CODE -REQUIREMENTS QUIREMENTS AND
TO BE PERMITTED TO REMAIN IN THE RIGHT OF W Y -AYERS STREET UNTIL SUCH
RIGHT OF WAY IS NEEDED FOR FUTURE CITY USE', AND SAID SIGN TO BE LOCATED
AT ENGINEER'S STATION 21 + 50, SA9,SC N TO BE CONSTRUCTED THIRTEEN (13')
FEET INTO THE AYE RS STREET RIG .VT-OF WAY IN ACCORDANCE WITH THE REVOCABLE
EASEMENT ATTACHED HERE -, MARKED EXHIBIT "A ", AND MADE A PART HEREOF BY
REFERENCE; AND DECLAR G AN EMERGENCY.
SThe Charter Rule was suspended and the foregoing ordinance was passed by the
following vote: Luby, Acuff, Branch, T. Gonzales, R. Gonzalez, Lozano, and Stark,
present and voting "Aye ".
Mayor Luby announced the public hearing for Prescott Street Improvements
from Gollihar to near the intersection of the Crosstown Expressway.
City Manager Townsend explained the purpose of the hearing and the legal pro-
cedure 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 preliminary assessment roll, and that
this hearing is to form a basis on which the Council, acting as a legislative body, wood
determine or establish the assessments 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 location on the map, staling
that the improvements involved Prescott Street, from the north right of way line of
Gollihar Road to the Intersection of the Crosstown Expressway. He stated the asses -smert
rates have been calculated in accordance with the City's assessment policy using theurit
Minutes
Regular Council Meeting
June 13, 1973
Page 16
bid prices as submitted by Burtex Constructors, the low bidder; that the total
contract price is $241,223.17; total estimated assessments, $48,230.56, and total
cost to the City is $192,992.61. He stated that adjustments had been made where
lots side onto the subject street and corrections made on the assessment roll.
Interested persons in the audience were given an opportunity to question
Mr. Lontos relative to the plans and specifications.
Mr. Reymundo Fuentes, Item 434, inquired if he had been assessed for side-
walks, stating his sidewalks were in good condition. He also requested that his
driveway be changed from Yale Street to Prescott. Mr. Lontos stated he had been
given credit for sidewalks and that arrangements could be worked out for construct-
ing his driveway on Prescott.
Mr. Ocampo R. Cuellar, Item #3, stated the City had destroyed the gutters
at this location when the storm sewers were installed, and they had not been
replaced. Mr. Lontos explained that new paving was probably put back over the top
of the curbs in order to get the grade. He stated that this will be investigated.
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, a copy of which
qualifications are on file with the City Secretary. He described the general area,
and stated he had personally examined each parcel of land and found there were some
unusual shaped lots which in his opinion will need some discussion and possibly
some adjustment in the assessments. He stated each and every parcel would be
enhanced in value as a result of the improvements at least to the amount of the
assessment, with the exception of the following:
Item #1, A. L. Rankin, Lot 1, Block 1, A. L. Rankin Subdivision.. Mr. Carr
stated this service station has some improvements that were approved at the time
of installation; that this had been called to the attention of the Engineering
Department, and there will be credit given'for existing curb and gutter and paving
which is standard, but no credit for driveways or sidewalks. He stated the correct
figure of assessment would be a matter to be worked out by the Engineering Depart-
ment.
Minutes
Regular Council Meeting
June 13, 1973
Page 17
I`_em #2, American Home Builders, Inc., Prescott Park Unit 4. Mr. Carr
stated that the width of the sidewalks would be reduced and the correct figure of
assessment would be a matter of mathematics.
Coordinator for Voluntary Paving, Joe Pierce, stated that these corrections
have been made on the revised assessment roll.
Item #18, Demetrio Tovar. Jr., Lot 12, Block 2, Midway Addition. Mr. Carr
stated this lot is a corner lot on Horne Road and Prescott and is presently assessed
one -half residential rate. He.stated the property is being used for commercial
purposes, and the full assessment should apply.
Mr. Carr recommended reductions on the following parcels because of the
irregular shaped lots and variations in depth;
Item 424, Ralph M. McGill, Lot 16, Block 1, Lee Ann Estates - total assess-
ment reduced from $1489.37 to $1136.77;
Item 425, Fred Brulloths, Lot 11, Block 2, Lee Ann Estates - 'total assess-
ment reduced from $1496.07 to'$1173.74;
Item #26, Georgia Davis, Lot 10, Block 2, Lee Ann Estates - total assess-
ment reduced from $1502.15 to $1234.07;
Item #27, Henry S. Brulloths, Lot 12, Block 3, Lee Ann Estates - total
assessment reduced from $1865.38 to $1677.57;
Item #28, American Bottling Company, Lot 13, Block 3, Lee Ann Estates -
total assessment reduced from $3752.55 to $23401.54.'
The market value of the foregoing five parcels was discussed, and City
Manager Townsend pointed out that the assessments were based on the industrial
zoning; that property owners had not responded to advice to come in and make appli-
cation for residential zoning, but had indicated they wanted it to remain industrial
and would be sold as industrial. Mr. Townsend stated the land is clearly residential
and should be zoned as such.
No one else appeared to be heard in connection with the proposed street
improvements.
Motion by Stark, seconded by Acuff and passed, that the hearing be closed
and the recommended adjustments be taken under advisement,
Mayor Luby called for petitions or information from the audience on matters
not scheduled on— the_agenda. No one appeared.
There being no further -S sine s to come before the Council, the meeting
was adjourned at 5;30 p.m., June 13, 1973.
THERE BEING NB FURT14ER 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 III 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, III 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
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
S
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 REGULARS PROPER
AND VALID, AND THAT ALL PREREQUISITES TO THE FIXING OF THE ASSESSMENT LIENS
AGAINST SAID ABUTTING PROPERTIES, AS HEREINABOVE DESCRIBED AND THE PERSONAL
LIABILITY OF THE REAL AND TRUE OWNER OR OWNERS THEREOF, WHETHER NAMED OR
CORRECTLY NAMED HEREIN OR NOT, HAVE BEEN IN ALL THINGS REGULARLY HAD AND
PERFORMED IN COMPLIANCE WITH THE LAW, 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 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 11058 OF VERNON'S ANNOTATED CIVIL STATUTES
OF TEXAS AS AMENDED, THERE SHALL BED AND IS HEREBY LEVIED, ASSESSED AND
TAXED AGAINST THE RESPECTIVE PARCELS OF PROPERTY ABUTTING UPON SAID PORTION
OF SAID STREETS AND AGAINST THE REAL AND TRUE OWNERS THEREOF WHETHER SUCH
REAL AND TRUE OWNER OR OWNERS BE NAMED OR CORRECTLY NAMED HEREIN OR NOTE
THE SEVERAL SUMS OF MONEY HEREINBELOW MENTIONED AND ITEMIZED OPPOSITE THE
DESCRIPTION OF THE RESPECTIVE PARCELS OF SAID PROPERTY, THE NUMBER OF FRONT
FEET OF EACH AND THE SEVERAL AMOUNTS ASSESSED AGAINST SAME AND THE REAL AND
TRUE OWNER OR OWNERS THEREOF, AND NAMES OF THE APPARENT OWNERS THEREOF ALL
AS CORRECTED AND ADJUSTED BY SAID CITY COUNCIL, BEING AS FOLLOWS TO -WIT:
�6-
1°
Corrected Assessment Roll
P•RE`SCOTT STREET IMPROvm ENTS'
FROM THE NORTH RIGHT OF WAY LINE OF
GOLLIHAR ROAD TO THE INTERSECTION OF TILE
CROSSTOWN EXPRESSWAY
This street shall be constructed by excavation to a width and depth to permit the laying
of a standard curb and gutter section, 5" lime stabilized subgrade, 8" compacted caliche
base and 22" Type "B" hot -mix, and 12" Type "D" hot -mix surface, for a pavement width of
45' measured from the back to back of curb except at the intersection of Horne Road where
a pavement width increases to 56' to permit an additional turn lane. The project also
includes the construction of reinforced concrete sidewalk 4" thick varying in width from
4' to 5' and standard driveways where required or by owners request.
The assessment rates have been calculated based on the unit bid prices submitted by the
low bidder Burtex Constructors, and in accordance with the paving assessment policy of
the City.
Based on these calculations the assessment rates are as follows: -
Curb, Gutter & Pavement
$10.85
per
l.f.
Pavement Only
7.90
per
l.f.
Sidewalk
.65
per
s.f.
Driveway
1.24
per
s.f.
Header Curb
2.46
per
l.f.
TOTAL CONTRACT PRICE $241,223.17
ESTIMATED ASSESSMENTS $ 49,467.26
TOTAL CITY PORTION $191,755.91
rDi2?ector s, VP'_
ngineering Se rvices
Page 1
ITEM
NO.
OWNER AND
PROPERTY DESCRIPTION
QUANTITY
ASSESSED
t DESCRIPTION
OF
ASSESSMENT
RATE
AMOUNT
TOTAL
AMOUNT
ASSESSED
Presco
t St. from
Golf
har Road to
Crosstown Expr
ssway
Beginning a
Gollihar Road
Ea
t Side
1.
A. L. Rankin
119.00 LF
Pvmt. only*
7.90
940.10
Comm.
449 Dolphin
358.00 SF
Sidewalk
0.65
232.70
Lot 1, Block 1
491.90 SF
Driveway
A.L. Rankin Subd.
1 -30, 1 -35
1.24 -
6o9.96
*credit curb & gutter
30.00 IF
Header Curb
2.46
73.80
1856.56
2.
America Home Builders, In
362.50 LF
C,G, Pvmt.
10.85
3933.13
Comm.
4451 Gollihar
*1663.75 SF
Sidewalk
0.65
1081.43
Prescott Park
456.90 SF
Driveway 2 -30
1.24
566.56
5581.12
unit 4
*S /W reduced to 5.5'
Kare
Street
Ea
t Side
3.
Ocampo R. Cuellar
100.00 LF
C,G, Pvtat.
2.38
238.00
(S)
1946 Sherman
400.00 SF
Sidewalk
0.33
132.00
Lot 40, Block 3
0.00 SF
Driveway
1.24
0.00
370.00
Prescott Park
Unit 4
4.
1
Mauricio Arevalos, Jr.
100.00 IF
C,G, Pvmt.
2.38
238.00
(S)
2001 Islla
400.00 SF
Sidewalk
0.33
132.00
Lot 1, Block 3
0.00 SF
Driveway
1.24
0.00
370.00
Prescott Park Unit 3
Isll
Street
Ea
t Side
5.
Gilberto Gonzales
100.00 LF
C,G, Pvmt.
2.38
238.00
(S)
2002 Islla
1100.00 SF
Sidewalk
0.33
132.00
Lot 40, Block 2
0.00 SF
Driveway
1.24
0.00
370.00
Prescott Park Unit 3
6.
Alberto Rozzo
100.00 LF
C,G, Ptnnt.
2.38
238.00
(S)
2001 Harriett
320.00 SF
Sidewalk
0.33
105.60
Lot 1, Block 2
1.58.45 SF
Driveway 1 -20
1.24
196.48
540.08
Prescott Park Unit 2
ITEM
NO.
7•
(S)
8.
(S)
9•
(S)
10.
(S)
11.
(S)
12.
(S)
OWNER AND
PROPERTY DESCRIPTION
Maurilio Guzman
2002 Harriett
Lot 42, Block 1
Prescott Park Unit 2
Oscar 0. Villegas
2001 Rosalie
Lot 1, Block 1
Prescott Park Unit 1
Ismael G. Casares
2002 Rosalie
Lot 11, Block 11
Midway Addition
E.D. Vancura
830 oak Park
Lot 12, Block 11
Midway Addition
Alfred S. Dimas
2242 Harvard
Lot 11, Block 7
Midway Addition
Max Bernal
2001 Hudson
Lot 12, $lock 7
Midway Addition
QUANTITY. , DESCRIPTION
ASSESSED of
ASSESSMENT
i
Prescott St. Cont.
Harriett St.
East Side
100.00 LF C,G, Pvmt.
400.00 SF Sidewalk
0.00 SF Driveway
i
112.50 LF C,G, Pvmt.
410.00 SF Sidewalk
88.45 SF Driveway 10'
Rosalie Street
East Side
100.00 LF C,G, Pvmt.
400.00 SF Sidewalk
0.00 SF Driveway
100.00 LF C,G, Pvmt.
360.00 Sr Sidewalk
88.45 SF Driveway 10'
FIary d St.
East Side
100.00 LF C,G, Pvmt.
332.00 SF Sidewalk
137.45 SF Driveway 1 -17'
100.00 LF C,G, Pvmt.
36o.00 SF Sidewalk
88.45 SF Driveway 1 -10'
. Page 2
RATE I AMOUNT
2.38
238.00
0.33
132.00
1.24
0.00
2.38
267.75
0.33
135.30
1.24
log.68
2.38
238.00
0.33
132.00
1.24
0.00
2.38
238.00
0.33
118.80
1.24
log.68
2.38
238.00
o.33
109.56
1.24
17o.44
2.38
238.00
0.33
118.80
1.24
log.68
TOTAL
AMOUNT
ASSESSED
370.00
512.73
370.00
466.48
518.00
466.!18
Page _ 3
ITEM
NO.
OWNER AND
PROPERTY DESCRIPTION
QUANTITY
ASSESSED
u
DESCRIPTION
OF
ASSESSMENT
RATE
AMOUNT
TOTAL
AMOUNT
ASSESSED
Prescott f
t. Cont.
Hudsoi
St.
East
Side
13.
Paula Hinojosa
100.00 LF
C,G, Pvmt.
2.38
238.00
(S)
4406 Marie
400.00 SF
Sidewalk
0.33
132.00
Lot 11, Block 6
0.00 Sr
Driveway
1.24
0.00
370.00
Midway
-
14.
George F. Tyler
100.00 LF
C,G, Pvmt.
2.38
238.00
(S)
2001 Sherman
400.00 SF
Sidewalk
0.33
132.00
Lot 12, Block 6
0.00 SF
Driveway
1.24
'0.00
370.00
Midway Addition
"
Sherm
St.
East
Side
15.
Clara Echevarria
100.00 LF
C,G, Pvmt.
2.38
238.00
(S)
2002 Sherman
360.00 SF
Sidewalk
0.33
118.80
Lot 11, Block 3
88.45 SF
Driveway 1 -10'
1.24
109.68
466.48
Midway Addition
16.
Federal Housing Admin.
100.00 IF
C,G, Pvmt.
2.38
238.00
(S)
Ace. Sec. Comp. Div.
400.00 SF
Sidewalk
0.33
132.00
Washington 25, D.C.
0.00 SF
Driveway
1.24
0.00
370.00
Lot 12, Block 3
Midway Addition
Yale
treet
- -•
East
Side
17.
Ramon S. Esparza
110.00 IF
C,G, Pvmt.
2.38
261.80
(S)
2002 Yale -
392.00 SF
Sidewalk
0.33
129.36
Lot 11, Block 2
102.45 SF
Driveway 1 -12'
1.24
127.04
518.20
Midway Addition
18.
Demetrio Tovar, Jr.
150.00 LF
C,G, Pvmt.
10.85
1627.50
(F)
345 Old Robstown Rd.
500.00 SF
Sidewalk
0.65
525.00
Comm.
Lot 12, Block 2
211.90 SIB'
Driveway 1 -10'
use
Midway Addition
1 -15'
1.24
262.76
2215.26
a'n
•
Horne R
ad Int.
)
Page 4
ITEM 014NM AND QUANTITY DESCRIPTION TOTAL
N0. PROPERTY DESCRIPTION ASSESSED OF RATE AMOUNT AMOUNT
ASSESSMENT ASSESSED
19.
(S)
20.
(S)
21.
(S)
22.
(S)
23•
(S)
24.
Comm.
To
Baldemar Tanguma
2002 Horne
Lot 1, Block 1
Roseland Place
Credit Exist. Drive
Pedro Leal
2229 Talisman
Lot 16, Block 1
Roseland Place
Jose M. Morales
2230 Talisman
Lot 1, Block 2
Roseland Place
Ralph S. Garza
2229 Roslyn
Lot 16, Block 2
Roseland Place
Nativida,9 Garza
2.230 Roslyn
Lot 1, Block 3
Roseland Place
Ralph M. McGill !
2261 Loritte
Lot 3.6, Block 1
Lee Ann Estates
Credit Exist. Drive
Reduced by Council Action
74%
Prescott S reet Cont.
Horne Road ntersection
East Side
]19.16 LF C,G, PVmt.
432.64 SF Sidewalk
*18.45 SF Driveway 1 -11'
i
128.80 LP C,G, Pvmt.
475.20 SF Sidewalk
88.45 SF Driveway 1 -10'
Talisman St.
East Side
128.80 IF C,G, Pvmt.
475.20 SF Sidewalk
153.45 SF Driveway 1 -10'
13.5 x lG
128.80 IF C,G, Pvmt.
475.20 SF Sidewalk
178.45 SF Driveway 1 -10'
16 x 10
Roslyr St.
East Side
128.80 LF C,G, Pvmt.
475.20 SF Sidewalk
188.45 SF Driveway 1 -10'
102.76 IF C,G, Pvmt.
371.04 SF Sidewalk
-X-107.45 SF Driveway 1 -10
(3.7x10) -9x9
2.38
283.60
0.33
142.77
1.24
'22.88
449.25
2.38
306.54
0.33
156.82
1.24
109.68
573.04
2.38
0.33
1.24
2.38
0.33
1.24
2.38
0.33
1.24
803
0. .48
1.24
306.54
156.82
190.28
306.54
156.82
221.28
306.54
156.82
233.68
825.06
178.47
133.24
1 653.64
1 684.64
1 697.04
1 1136.77
Page 5
AMOUNT
TOTAL NOO..M I PROPERTY DESCRIPTION AS E SID DESLIPTION I I AMOUNT I ASSESSED
25•
Comm.
26.
Comm.
27.
Comm.
28.
Comm.
Fred Brulloths
2260 Loritte
Lot 11, Block 2
Lee Ann Estates
Credit Exist. Drive
Reduced by Council Action
to 76%
Georgia Davis
2245 Andrews
Lot 10, Block 2
Lee Ann Estates
Credit Exist: Drive
Reduced by Council Action
to 80%
Henry S. Brulloths
2246 Andrews
Lot 12, Block 3
Lee Ann Estates
Credit Exist. Drive
Reduced by Council Action
to 85.6%
I
American Bottling Co.
717 Lester -
Lot 13, Block 3
Lee Ann Estates
Reduced bytouncil Action
to 64%
Prescott t. Cont.
Lorit e St.
East Side
*102.75 IF C,G, Pvmt. I 8.25 847.27
*351.00 SF Sidewalk .49 173.39
*123.45 SF Driveway 1 -15'
7 x 15 1.24 153.08 1136.77
102.75 IF C,G, Pvmt.
347.00 SF Sidewalk
*130.45 SF Driveway 1 -16'
7 x 16
Andrei rs St.
East Side
102.76 LF C,G, Pvmt.
291.04 SF Sidewalk
*452.62 SF Driveway 1 -10'
1 -20'
279.00 IF C,G, Pvmt
1116.00 SF Sidewalk
0.00 SF Driveway
End Ealt Side
Presco t St.
8.68
891.87
.53
180.40
1.24
161.76
1234.03
9.29 954.39
.56 161.93
1.24 561.25
6.94 1937.28
42 464.26
1.24 0.00
1677.57
2401.54
Page 6
ITEM
NO.
OWNER AND
PROPERTY DESCRIPTION
QUANTITY
ASSESSED
DESCRIPTION
OF
ASSESSMENT
RATE
AMOUNT
TOTAL
AMOUNT
ASSESSED
Prescott
Street
Beginning
from
Gollihar Road
West
Side
29.
Corpus Christi Independen
1610.00 LF
C,G, Pvmt.
4.75
7647.50
School District
*774.00 SF
Sidewalk
0.65
503.10
*Credit exist. sidewalk
510.35 SF
Driveway 2 -25'
1 -15'
1.24
632.83
8783.43
30.
Marcus P. Perez
115.70 LF
C,G, Pvmt.
2.38
275.37
(S)
1945 Hudson
* 0.00 SF
Sidewalk
0.33
0.00
Lot 22, Block 5
176.90 SF
Driveway
1.24
219.36
494.73
John Jones Add. Unit 1
-
-
Credit exist. sidewalk
Hudso
St.
31.
Sixto M. Zunot
115.70 IF
C,G, Pvmt.
2.38
275.37
(S)
1946 Hudson
* 0.00 SF
Sidewalk
0.33
0.00
Lot 23, Block 4
0.00 SF
Driveway
1.24
0.00
275.37
John Jones Add. Unit 1
*Credit exist. sidewalk
32.
Jose M. Gonzalez
115.70 LF
C,G, Pvmt.
2.38
275.37
(S)
1945 Sherman
* 0.00 SF
Sidewalk
0.33
0.00
Lot 22, Block 4
123.45 SF
Driveway
1.24
153.08
428.45
John Jones Add. Unit 1
*Credit exist. sidewalk
Sher •
n St.
West
Side
33•
O.R. Cuellar
115.70 IF
C,G, Pvmt.
2.38
275.37
(S)
1946 Sherman
* 0.00 SF
Sidewalk
0.33
0.00
Lot 23, Block 3
0.00 SF
Driveway
1.24
0.00
275.37
John Jones Add. Unit 1
Xered.�jt exist. sidewalk
311.
Revmundo Fuentes
115.70 LF
C,G, Pmnt.
2.38
275.37
(S)
1945 Yale
x. 0.00 SF
Sidewalk
0.33
0.00
Lot 22, Block, 3
0.00 SF
Driveway
1.24
0.00
275.37
John Jones Add. Unit 1
-xCredit Exist. sidewalk
• Page 7
E
ITEM OWNER AND QUANTITY DESCRIPTIONT TOTAL
NO. PROPERTY DESCRIPTION ASSESSED OF RATE AMOUNT AMOUNT
ASSESSMENT ASSESSED
(S)
36.
Comm.
37.
Comm.
38.
38. A.
Comm.
39•
(S)
Clara Aguilar
1946 Yale
Lot 23, Block 2
Jokin Jones Add. Unit 1
*Credit exist. sidewalk
Jesus Alvarado
1801 Horne Road
Lot A, Block 2
John Jones Add. Unit 1
*Credit exist. sidewalk
and driveway and C & G
F
Y
Circle "K"
2810 Camelback
Phoenix, Arizona 85017
Block B
Monterrey Gardens Unit 2
*Credit Exist. sidewalk
Don Davis, Et Ux
130' out of Block A
Monterrey- Gardens
Jule H. Pels
3310 Agnes_
Block A =
Monterrey Gardens Unit 2
Credit kb:ist. sidewalk
Jule tI. Pels
3310 Agnes
Lot 1, Block 5
Mon L-errey,Gardens Unit 1
*Credit exist. sidewlh
Prescott ft . Cont.
Yale treet
West Side
115.74 LF C,G, Pvmt. I 2.3b 275.37
* 0.00 SF Sidewalk 0.33 0.00
88.45 SF Driveway 1.24 109.68 1 385.05
*115.80 LF
* 0.00 SF
* 0.00 SF
Pvmt. only
Sidewalk
Driveway
Horne Road
West Side
125.00 LF Pvmt. only
* 0.00 SF Sidewalk
242.45 SF Driveway 1 -32'
7x32
132.00 LF C,G., Pvmt.
320.00 SF Sidewalk
852.90 SF Dwy, 2 -24'
211.25 LF C,G, Pvmt.
0.00 SF Sidewalk
0.00 SF Driveway
Roslyn Street
West Side
104.00 LF C,G, Pvmt.
a 0.00 SF Sidewalk
341.45 SF Driveway 1 -19'
7.90
0.65
1.24
7.90
o.65
1.24
10.85
0.65
1.24
10.85
0.65
1.24
2.38
0.33
1.24
914.82
-0.00
0.00
987.50
0.00
300.64
1410.50
208.00
1057.59
2292.06
0.00
0.00
24'7.52
0.00
423.39
914.82
1 1288.14
2676.09
2292.06
1 670.91
Page 8
ITEM
OWNER AND
QUA14TITY
DESCRIPTION
444.47
2.38
TOTAL
NO.
PROPERTY DESCRIPTION
ASSESSED
OF
RATE
AMOUNT
AMOUNT
ASSESSMENT
ASSESSED
Prescott Street
Cont.
West
Side
' 40.
Homer J. Sanchez
104.00 LF
C,G, Pvmt.
2.38
247.52
(S)
1937 Loritte
* 0.00 SF
Sidewalk
0.33
0.00
Lot 40, Block 5
239.45 SF
Driveway 1 -13'
1.24
296.91
544.43
Monterrey Gardens Unit 1
*Credit exist. sidewalk
Loris
e St.
West
Side
. 41.
(S)
42.
(S)
43.
(S)
44.
(S)
Jewel Homes, Inc.
Rt. 1, Box 503
Lot 26, Block 7
Monterrey Gardens Unit 4
*Credit exist. sidewalk
Robert Zuniga
1937 Andrews
Lot 27, Block 7
Monterrey Gardens Unit 4
*Credit exist. sidewalk
Marcelino Campo III
1938 Andrews
Lot 1, Block 8
Monterrey Gardens Unit 4
*Credit exist. sidewalk
Sec. of Housing & Urban
Development
Washing, ton 25, D.C. 20)110
Lot 19, Block 8
Monterrey Gardens Unit 4
'Credit exist. sidewalk
lo4.00 LF C,G, Pvmt. 2.38 247.52
0.00 SF Sidewalk 0.33 0.00
0.00 SF Driveway 1.24 0.00 247.52
104.00 LI' C,G, Pvmt.
* 0.00 SF Sidewalk
307.45 SF Driveway 1 -17'
Andress St. -
West Side
105.50 LF C,G, Pvmt.
* 0.00 SF Sidewalk
358.45 SF Driveway 1 -20'
106.62 LF C,G, Punt.
x' 0.00 SF Sidewalk
0.00 SIB' Driveway
2.381 247.52 1
0.33 0.00
1.24 381.23 628.75
2.38
251.09
0,33
0.00
1.24
444.47
2.38
253.75
0.33
0.00
1.24
0.00
I 695.56
1 253.75
Page 9_
ITEM NO. I PROPERTY ID DESCRIPTION ASSE SED ASSE DESCRIPTION
MENT RATE I AMOUNT I ASSESSED
45,
(F)
46.
(F)
47.
(F)
48.
(F)
Federico Salinas
3833 Prescott
Lot 1, Block 14
Temple Addition
*Credit exist. sidewalk
M.R. Ramirez
3334 Casa Rosa
Lot 2, Block 14,
Temple Addition
-Credit exist. sidewalk
Jose Garana
3825 Prescott
Lot 3, Block 14
Temple Addition
*Credit exist. sidewalk
Rachel Gonzales
3821 Prescott
Lot 4, Block 14
*Credit exist. sidewalk
S. P/L
Prescott S'. Cont.
West 'ide
60.00 LF ,G, Pvmt. I 4.75 205.00 1
�c 0.00 SF idewalk 0.65 0.00
103.45 SF rivevray 1 -10' 1.24 128.27 413.27
52.00 LF ,G, Pvmt.
* 0.00 SF idewalk
103.45 SF riveway 1 -10'
52.00 LF V,G, Pvmt.
0.00 SF idewalk
145.95 SF riveway 1 -15'
52.00 IF V,G, Pvmt.
* 0.00 SF Sidewalk
103.45 SF Driveway
of Lot 5, Block 4 Temple A
End West Side
End Presc tt St.
4.75
247.00
o.65
0.00
1.24
128.27
375.27
4.75
247.00
o.65
0.00
1.24
180.97
427.97
4.75
o.65
1.24
247.00
0.00
128.27
1 375.27
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 BE, IN
THE PROPORTION WHICH SAID EXCESS OR DEFICIENCY OR FRONTAGE SHALL BEAR TO
THE WHOLE NUMBER OF FRO14T FEET OF PROPERTY ACTUALLY IMPROVED IN ACCORDANCE
WITH THE FRONT FOOT RULE OR RATE OF ASSESSMENT HEREIN ADOPTED, IT BEING THE
INTENTION THAT SUCH PARCEL OF PROPERTY AND THE REAL AND TRUE OWNER OR OWNERS
THEREOF ABUTTING ON THE PORTION OF THE STREETS ABOVE DESCRIBED, WITHIN THE
LIMITS DEFINED, SHALL PAY FOR SAID IMPROVEMENTS UNDER THE "FRONT FOOT RULE
OR PLAN ", WHICH RULE OR PLAN IS HEREBY FOUND AND DETERMINED TO BE JUST AND
EQUITABLE AND TO PRODUCE A SUBSTANTIAL EQUALITY, HAVING IN VIEW THE SPECIAL
BENEFITS TO BE RECEIVED AND THE BURDENS IMPOSED THEREBY; AND IT IS FURTHER
ORDAINED THAT UPON FINAL COMPLETION AND ACCEPTANCE OF SAID IMPROVEMENTS ON
THE AFORESAID STREETS, WITHIN THE LIMITS DEFINED ALL CERTIFICATES HEREIN-
AFTER PROVIDED FOR, ISSUED TO EVIDENCE SAID ASSESSMENTS AGAINST SAID PARCELS
OF PROPERTY ABUTTING UPON SAID STREET, AND THE REAL AND TRUE OWNER OR OWNERS
THEREOF, SHALL BE ISSUED IN ACCORDANCE WITH, AND SHALL EVIDENCE THE ACTUAL
FRONTAGE OF SAID PROPERTY AND THE ACTUAL COST OF SAID IMPROVEMENTS, THE
AMOUNT NAMED IN SAID CERTIFICATE IN NO CASE TO EXCEED THE AMOUNT HEREIN
ASSESSED AGAINST SUCH PROPERTY UNLESS SUCH INCREASE BE CAUSED BY AN EXCESS
OF FRONT FOOTAGE OVER THE AMOUNT HEREINABOVE STATED, SUCH ACTUAL COST AND
SUCH ACTUAL NUMBER OF FRONT FEET, IF DIFFERENT FROM THE HEREINABOVE SHOWN
IN SECTION 3 HEREOF, TO BE DETERMINED BY THE DIRECTOR OF PUBLIC WORKS UPON
COMPLETION OF SAID WORK ON SAID STREET, AND THE FINDINGS OF THE DIRECTOR OF
PUBLIC WORKS SHALL BE-FINAL AND BINDING UPON ALL PARTIES CONCERNED.
SECTION 5. THAT THE SEVERAL SUMS MENTIONED ABOVE IN SECTION 3
HEREOF ASSESSED AGAINST SAID PARCELS OF PROPERTY ABUTTING ON THE AFORESAID
STREETS, WITHIN THE LIMITS DEFINED, AND THE REAL AND TRUE OWNERS THEREOF,
WHETHER NAMED OR CORRECTLY NAMED HEREIN OR NOT, SUBJECT TO THE PROVISIONS
OF SECTION 4 THEREOF, TOGETHER WITH INTEREST THEREON AT THE RATE OF -
_7_
five and one - quarter (5 1/4 %) per annum with reasonable attorney's 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: May 16, 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 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 30 days after completion or acceptance by the
City; or
2. Twenty percent (20 %) cash within thirty days after the completion
of said work and its acceptance by the City,*and 20% respectively
on or before one year, two years, three years 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 5 1/4% per annum; or
3. Payments to'be made in maximum of 60 equal installments, the first
of which shall be paid within 30 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 installments
commencing on the let day of the next succeeding month and continu-
ing 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 five and one - fourth percent (5 1/4 %) per annum; provided, how-
ever, that the owners of said property availing themselves of Option
112" or "3" above shall have the privilege of paying one, or all, of
such installments at any time before maturity thereof by paying the
total amount of principal due, together with interest accrued, to
the date of payment.
-s-
4. The total number of monthly installments on owner occupied property
may be extended beyond sixty (60) in number so that, at the owner's
request, the total monthly payments will not exceed ten ($10.00)
per month.
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, assignable certifi-
cates 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 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
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
attorney's fees and all expenses and costs of collection, 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 COUNCIL, TO -WIT: May 16, 1973 ,
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 JURISOICTIOt4.
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 SEEN
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, PERTIIIENT 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 DESCRIDED, OR ATTEMPTED TO BE DESCRIBED, NOTWITHSTANDING SUCH OWNER
OR 01•%NERS MAY NOT BE NAMED OR CORRECTLY NAMED AND ANY IRREGULARITY IN THE
NAME OF THE PROPERTY OWNER, OR THE DESCRIPTION OF ANY PROPERTY OR TIIE 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 ERRORS INVALIDITY OR IRREGULARITY WIIETIIER IN SUCH
_10_
ASSESSMENT OR IN THE CERTIFICATE ISSUED IN EVIDENCE THEREOF MAY BED BUT IS
NOT REQUIRED TO DES TO BE ENFORCEABLE, AT ANY TIME CORRECTED BY THE SAID
CITY COUNCIL OF THE CITY OF CORPUS CHRISTI. FURTIIER 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 T11AN, 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 40TH LEGISLATURE OF THE STATE.OF TEXAS, KNOWN AS
ARTICLE 11050 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 DEFINEDI 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 DE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION
t.s.
AHD TAKE EFFECT AIJD DE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE,
IT IS ACCORDINGLY SO ORDAINED, THIS THE 20th DAY OF June, 1973
ATTEST' )
� Q /
c lt� NnA/J�
CITY SECRETARY/ % MAYOR eM
( T , CITY OF CORPUS C RISTI, TEXAS
APPROVED:
.P() DAY OF JUNE , 1973':
6-4. ITY ATTORNEY U
Corpus Christi, Texas
1 _ .L day of 4� 19%33
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,
MAYOR Pro• eM
THE TY OF CORPUS CHRAT01, TEXAS
The Charter rule was suspended by the following vote:
Jason Lubyy�
�t
James T. Acuff
Rev. Harold T. Branch
Thomas V. Gonzales
/�+ A
Ricardo Gonzalez
Q s
Gabe Lozano, Sr.
ou L
Gabe Lozano, Sr.
�.
J. Howard Stark
The above ordinance was passed by the following vote:
Jason Luby�
�t
James T. Acuff
Rev. Harold T. Branch
Thomas V. Gonzales
/�+ A
Ricardo Gonzalez
9:L,
Gabe Lozano, Sr.
ou L
J. Howard Starkj%k,