HomeMy WebLinkAbout12082 ORD - 05/22/1974JRR:jkh:5- 21 -74; 1st
AN ORDINANCE
CLOSING THE HEARING GIVEN TO THE REAL AND TRUE OWNERS
OF PROPERTY ABUTTING UPON THE HEREINAFTER NAMED STREETS
IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS,
TO -WIT:
HORNE ROAD UNIT II, McARTHUR TO NAPLES
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 the City of Corpus Christi, Texas,
by duly enacted ordinance passed and approved on the 20th day of March,
1974, determined the necessity for, and ordered the improvement of the
following streets:
Horne Road Unit II, McArthur to Naples
in the manner and according to the plans and 6pecifications heretofore
approved and adopted by the City Council by.ordinance dated March 20,
1974, a duly executed notice of said ordinance having been filed in the
name of the said City with the County Clerk of Nueces County, Texas; and
WHEREAS, 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 bidder and said contract has been awarded to Asphalt Paving
and Construction Company by ordinance dated May 22, 1974 and
the performance bond required by said contract has been properly
furnished by said Asphalt Paving and Construction Company 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
12082
WHEREAS, the said City Council has caused the Director of Engineer-
ing and Physical Development 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 and Physical Development 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
March 20, 1974, did determine the necessity of levying an assessment for
that portion of the cost of constructing said improvements on the abive
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
March 20, 1974, did order a hearing to be held at 3:00 P.M. on the 17th
day of April, 1974 in the Council Chamber at City Hall, in the City of
Corpus Christi, Texas, for the real and true owners of the property abutting
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 abutting property and the real and true owner or owners thereof,
and as to the special benefits to accrue to said abutting property by virtue
of said improvements, if any, or concerning any error, invalidity, irregularity
or deficiency in any proceedings, or contract, to appear and be heard in
person or by counsel and offer evidence in reference to said matters; and the
City Council did by said ordinance order and direct the City to give notice
of said hearing to the owners abutting upon said street as shown by the
current ad valorem tax roll by mailing such notice to such owners and
publishing said notice at least three times in the Corpus Christi Times
before the date of the hearing, such notice of mail and by publication
being in compliance with the provisions of Article 11056 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
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 1105b, Vernon's
Annotated Civil Statutes; and
WHEREAS, after due, regular and proper notice thereof, all as pro-
vided by law and the Charter of the City of Corpus Christi, said hearing of
which notice was given, was opened and held on April 17, 1974, in the Council
Chamber at 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-
W tes
lar Council Meeting •
April 17, 1974
Page 6
Mayor Luby announced the public hearing for street improvements to Horne
Road, Unit II, from McArthur to Naples Street.
City Manager Townsend explained that since publication and notices of the
public hearing had gone out to the property owners, it had come to the attention of
the staff that fourteen parcels had been incorrectly assessed on the Preliminary
Assessment roll, and that it would be his recommendation that this hearing proceed
as scheduled but that it be recessed and new notices mailed to those property owners
whose properties have been incorrectly assessed.
Assistant City Attorney Gerry Miller stated the purpose of the hearing is to
comply with the State Statute regarding paving assessments; that testimony will be
offered from the Director of Engineering and Physical Development and evaluation
testimony from a real estate appraiser to substantiate the assessments which appear
on the Preliminary Assessment Roll; and that the hearing is to form a basis on which
the City Council, acting as a legislative body, would determine and establish the
assessments on the abutting properties.
Director of Engineering and Physical Development James R. Lontos was interrogated
as to his identity, occupation, time of residence in the City, formal education and
qualifications as an engineer, and his familiarity with the subject project. Mr.
Lontos filed with the City Secretary a written sratement of his qualifications. He
presented plans and specifications, explained the nature and extent of the improvements,
and pointed out the location on the map the portion of the street to be improved as
being Horne Road, from McArthur to Naples Street. He explained that the construction
will consist of excavation, standard curb and gutter, concrete sidewalks, driveways
and storm sewers. He explained that the streets are to be constructed in accordance
with the City's paving assessment policy, using the low bid submitted by Asphalt
Construction Company, and applying the rate to the front footage of the abutting
property. He described the calculated rates per linear foot on curb, gutter and pavement
based on the width of the street, and the calculated rates per square foot on sidewalk,
driveway and header curb, and explained that credit had been allowed for sidewalk in
place and meeting City standards. He stated the Preliminary Assessment Roll reflects the
total contract price of $198,585.55, Preliminary Assessments, $63,732.67, and the City's
portion, $134,852.88. He further pointed out that credit had been allowed for all
existing curb gutter and sidewalks which meet City standards.
Mr. W. A. (Bill) Roberts testified as to his identity as a realtor, real estate
brokc_r and appraiser; time of residence in the City, experience as an appraiser of ell
nutes
Regular Council Meeting
April 17, 1974
Page 7
types of real estate, and familiarity with the subject project. He filed his
written statement of qualifications with the City Secretary. He stated he had,
within the last week, personally examined each parcel of land involved in the
project with the view of the effect on the properties as a result of the improve-
meats, and that in his opinion, each and every parcel would be enhanced in value as a
result of the proposed improvements at least to the amount of the assessments, with
the following exceptions on which there are questions and should be checked:
Item #5. Alberto Rubio, Lot 10, Block 2, John Jones Addition - The assess-
ment in the amount of $92.67 is probably excessive since the existing driveway is of
new construction and credit should be given;
Item #14. Demetrio Tovar, Lot 12 and 13, Block 2, Midway Addition - Lot LZ and
13 have been assessed as commercial on the Preliminary Assessment Roll, and according
to information, these properties were zoned as residential in 1972 and have not been
changed.
Mr. Ruben Fuentes, 2109 Horne Road (Lot 24, Block 1, Midway Addition (Item #22),
complained of poor drainage at the Underpass location, and inquired if the improvements
would correct this problem. Mr. Lontos explained that the street will be lowered from
that point on Horne Road all the way to Prescott, directing the water onto the street
rather than onto private property.
Mr. Joe Bader, 4001 South Port Avenue (property not platted (Item #43), stated
that5l feet of his property at the corner of Port Avenue and Horne Road had been
taken by the City, and inquired as to what plans the City has for improvement of that
intersection, and why they took 51 feet of the property. Mr. Lontos explained that a
15 -foot width is needed for right of way at this intersection and necessary to avoid
a sharp turn. Mr. Bader was also advised that when his property is platted, he will be
required to install a water main. He stated he wants to have the property subdivided
and developed and is concerned that this could be a hinderance to the sale of the
property and felt he should be compensated for damages. -
No one else appeared to speak for or against the assessments or the improvements
on the subject project.
Motion by Ricardo Gonzalez, seconded by Lozano and passed, that the hearing
be recessed until May 15, 1974, at 3:00 p.m., to permit proper advertising and notices
involving the fourteen properties which have been incorrectly assessed.
0
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
-4-
did further find upon said evidence that the assessments hereinbelow made
and the charges hereby declared against said abutting property on the
portions of the streets hereinabove described, within the limits defined,
and the real and true owner or owners thereof, are just and equitable and
did adopt the rule of apportionment set out below and the division of the
cost of said improvements between said abutting properties, and the real
and true owner or owners thereof, as just.and equitable, and as producing
substantial equality considering the benefits to be received and the burdens
imposed thereby, and that all objections and protests should be overruled
and denied except the corrections and changes as appear on the final assess-
ment roll included in this ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. That there being no further protest or testimony for
or against said improvements, said hearing granted to the real and true
owners of abutting property on said streets, within the limits above defined,
and to all persons, firms, corporations and estates, owning or claiming
same or any interest therein, be and the same is hereby closed and all
protests and objections, whether specifically mentioned or not, shall be,
and the same are hereby overruled and denied.
SECTION 2. That said City Council hereby finds and determines
upon the evidence heard in reference to each and every parcel or property
abutting upon the aforesaid streets, within the limits defined, that the
special benefits in the enhanced value to accrue to said property and the
real and true owner or owners thereof, by virtue of the construction of
said improvements to said portion of said streets upon which said property
abuts, will be in excess of the amount of the cost of said improvements
as proposed to be, and as herein assessed against said abutting property
and the real and true owners thereof, and finds that the apportionment of
the cost of said improvements, and that all assessments hereinbelow made
are just and equitable and produce substantial equality considering the
benefits received and the burdens imposed thereby, and are in accordance
with the laws of the State of Texas, and the Charter provisions of the City
of Corpus Christi, Texas, and that the proceedings and contract heretofore
-5-
had with reference to said improvements are in all respects regular, proper
and valid, and that all prerequisites to the fixing of the assessment liens
against said abutting properties, as hereinabove described and the personal
liability of the real and true owner or owners thereof, whether named or
correctly named herein or not, have been in all things regularly had and
performed in compliance with the law, Charter provisions and proceedings of
the said City Council.
SECTION 3. That in pursuance of said ordinances, duly enacted
by said City Council, authorizing and ordering the improvements of the above
described street, within the limits defined, and in pursuance of said pro-
ceedings 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 1105b of Vernon's Annotated Civil Statutes
of Texas, as amended, there shall be, and is hereby levied, assessed and
taxed against the respective parcels of property abutting upon said portion
of said streets, and against the real and true owners thereof, whether such
real and true owner or owners be named or correctly named herein or not,
the several sums of money 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-
CORRECTED ASSESSMENT ROLL
FOR CONSTRUCTION
HORNE ROAD UNIT II, FROM McARTHUR TO NAPLES
The Construction of this street will consist of the excavation to a width and
d^pth to permit the Construction of standard curb and gutter section, a com-
pacted 6" lime stablilized sub - grade, an 8" compacted caliche base., 21" Type
"B" Hot Mix and a 12" Type "D" Hot Mix surface on the pavement width of 61'
back of curb to back of curb. The 41' pavement width shall have the above
subgrade, base and 2" Type "D" Hot Mix surface.
Sidewalks shall vary in width from 4' to 5' and shall be standard 4" in thick-
ness. Driveways are to be constructed as shown on the plans or where designa-
ted by the owners in compliance with good and safe construction practice.
The assessment rates have been determined in accordance with the City policy
and by using the low bid submitted by Asphalt Paving and Construction Company
and applying the rate to the front footage of abutting property. The assess-
ment rates as applied are as follows:
61' width street, curb, gutter & pavement
$ 19.47/L.F.
41' width street, curb, gutter & pavement
10.31 /L.F.
Sidewalk
0.75 /S.F.
Driveway
1.49 /s.F.
Header Curb
3.72/L.F.
Credit has been given for all sidewalk, driveway and curb and gutter in place
and meeting City standards.
Maximum assessment rates for property committed to one and two family residen-
tial use or church or school has been established by City Ordinance for curb,
gutter and pavement is $4.75/L.F. or less according to the bid price.
Total Contract Price $198,585.55
Preliminary Assessment 63 096.67
City's Portion 135, .
/ James K. Lon aVP.E.
Director of Engineering &
Physical Development
5/16/74
dm
Paga 2
ITEM
LO.
Oar Anil
PROPERTY Dr" SMUPTION
QUANTITY
ASSESSM
DEJtIF=ON
OF
ASSESS'*M
RATE
LVA-R T
TOTAL
AMOUNT
ASSESSED
RNE ROAD
II
FR
McARTHUR ID
NAPLES
B
GINNING AT FcARTHUR
SOUTH SIDE
1
Vicente Gutierrez
62.20 S
Driveway 10'
1.49
92.67
Lot 2 Block 2
- 0 -
92.67
Jobn Jones Addition
1805 Horne Road
78416
2
Manuel H. Cantu
62.20 ST
Driveway 10'
1.49
92.67
Lot 3 Block 2
-0-
92.67
John Jones Addition '
1809 Horne Road
78416
3
Willie P. Gonzales
62.20 SE
Driveway 10'
1.49
92.67
Lot 8 Block 2
- 0 -
92.67
John Jones Addition
1829 Horne Road
78416
4
Diego P. Moreno
62.20 SF
Driveway 10'
1.49
92.67
Lot 9 Block 2
- 0 -
92.67
John Jones Addition
1833 Horne Road
78416
5
Alberto Rubio
62.20 SF
Diiveway 10'
1.49
92.67
Lot 10 Block 2
- 0 -
%-92.67
Jobn Jones Addditioa
-
1837 Horne Road
78416
6
Rauel Valenzuela
62.20 SF
Driveway 10'
1.49
92.67
lot 11 Block 2
- 0 -
92.67
John Jones Addition
1901 Horne Road
78416
7
Beal Miles E=ord
62.20 SF
Driveway 10'
1.49
- 92.67
Lot 12 Block 2
- 0 -
John Jones Addition
92.67
Post Office Box 865
78403
•
OWNER AND
PROPERTY DESCRIPTION
Alvarado Benevides
Lot 13 Block 2
John Jones Addition
1909 Horne Road
78416
Antonio Guerra
Lot 14 Block 2
John Jones Addition
1913 Horne Road, 78416
Reynaldo Couales
Lot 15 Block 2
John Jones Addition
1917 Horne Road 78416
Manuel Garces
Lot 16 Block 2 -.
John Jones Addition
1921 Horne Road 78416
Guadalupe Valdez, Jr'.
Lot 17 Block 2
John Jones Addition
1925 Horne Road 78416
Regina Salinas
Lot 18 Block 2
John Jones Addition
1929 Horne Road 78416
I
Demetrio Tovar
Lot 12 -13 Block 2
Midway Addition
345 Old Robstown Rd. 7840!
C. B. McGill
Lots 14 -15 Block 2
Midway Addition
2013 Horne Road 78418
QUANTITY
DESCRIPTION
ASSESSED
OF
ASSESSMENT
62.20 SF
Driveway 10'
62.20 SF
Driveway 10'
62.20 SF
Driveway 10'
62.20 SF
Driveway 10'
62.20 SF
Driveway 10'
62.20 SF
Driveway 10'
PRESCOTT
STREET INTERS0
50.00 LF
C, G, & Pvmt.
57.50 LF
.C, G, & Pvmt.
* 0.00 SF
Sidewalk
95.58 SF
Driveway 10'
*Cr. Ex.
Imps.
100.00 LF
C, G, & Pvmt.
*0.00 SF
Sidewalk
53.58 SF
Driveway 12'
*Cr. Ex.
Imps.
PATE
1.49
1.49
1.49
1.49
1.49
1.49
TION
4.75
19.47
0.00
1.49
4.75
.75
1.49
•
Page 3
AMOUNT
92.67
92.67
92.67
92.67
92.67
92.67
237.50
1,119.53
0.00
67.91
475.00
0.00
89.93
16
17
18
19
20
21
22
23
Page 4
ITE'd OWiVED AND QUANTITY DESMUI=ON TOTAL
110. PROPERTY D3SMMON ASSESSED OF RATE AZMUDT ANOINT
ASSESSED
Homoro Garcia
50.00 LI
C, G & Pvmt
-4.75
237.5(
Lot 16 Block 2
* -0- SI
Sidewalk
.75
- 0 -'
Midway Addition
45.58 51
Driveway 10'
1.49
67.91
C/O Jerry H. Blazer
4238 Brentwood 78415
Torcuato Luna
100.00 LI
C, G & Pvmt
4.75
475.00
Lot 17 -18 Block 2
* -0- S
Sidewalk
.75
"t0 -
Midway Addition
61.53 S
Driveway 14'
1.49
91.74
2025 Horn Road 78416
S..J. Limon
50.00 LI
C, G & Pvmt
4.75
237.50
Lot 19 Block 2
*- 0 - S1
Sidewalk
.75
- 0 -
Midway,Addition
45.58 si
Driveway 10'
1.49
67.91
2029 Horne Road 78416
Humberto Pena
50.00 LI
C, G & Pvmt.
4.75
237.50
Lot 20 Block 2
* -0- SI
Sidewalk
.75
- 0 -
Midway Addition
45.58 SI
Driveway 10'
1.49
67.91
2033 Horne Road 78416
C. C. Casgrove
F 107.50 LI
C, G & Pvmt
4.75
510.63
Lots 2142 Block 2
S 8.00 LI
C, G & Pvmt
2.38
19.04
Midway Addition
*44.00 sl
Sidewalk
.75
33.00
3302 Olsen Drive 78411
-0- S
Driveway
1.49
- 0 -
*Cr. Ex. s/W
VITI
MB INTERSECTIO
Benito G. Silva
F 107.50 LI
C, G & Pvmt
4.75
510.63
Lots -22 -23 Block 1
S 8.00 LI
C, G & Pvmt
2.38
19.04
Midway Addition
60.00 SI
Sidewalk
.75
45.00
3646 Braniff 78405
65.58 SI
Driveway 15'
1.49
97.71
Ruben Fuentes
50.00 U
C, G & Pvmt
4.75
237.50
Lot 24 Block 1
-0- S
Sidewalk
.75
-- 0 -
Midway Addition
45.58 S
Driveway 10'
1.49
67.91
2109 Horne Road 78416
Berth Weatherly
*32.00 LI
C, G & Pvmt
4.75
152.00
Lot 25 Block 1
* -0- SY
Sidewalk
.75
- 0 -
Midway Addition
* -0- ST
Driveway
1.49
- 0 -
Rt. 1 Boa 391
Nacogdoches, TB
CROSST WN 07RESSWAY jnERsECjICN
305.41
566.75
305.41
305.41
562.67
672.38
305.41
152.00
f I s •
Page S
IT M11
NO.
OTTM AND
PROPS M DESCRIPTION
ounITITY
ASSESSED
y
OF
ASSESMMT
RATE
A.%MUNT
TOTAL
PIMUNT
ASSESSED
24
W. A. Horne (not platted)
123.00 Lr
C, G & Pvmt
19.47
2,394.81
c/o E. G. Horne
492.00 SI
Sidewalk
.75
369.00
4614 Wilma 78412
-0- SE
Driveway
1.49
- 0 -
25
Wiltower Property Inc.
* -0-
C, G & Pvmt
- 0 -
2,763
B
Port Ayers Sub-Center
* -0-
Sidewalk
- 0 -
Block 4
c/o Charter International
* -0-
Driveway
- 0 -
- 0 _
P. 0. Box 5008
Houston, T% 77012 :
*Cr, Ex,
Imps.
PORT AVE. im
26.
Franchise Realty Intersta
a * 425.46 LE
C G & Pvmt
19.47
8,283.71
B
Port Ayers Surb. Center
1,592.84 SF
Sidewalk
-'.75
1,194.63
Block B -1 Lot 7
270.45 S
Driveway 28'
1.49
402.97
P. 0.' Box 66351
*Return
a Port
9,SSI;
O'Hare Airport
Chicago, Ill.. 60666.
27
A 5 W International, Inc.
183.55 Li
C, G & Pvmt
19.47
3,573.72
B
Port. Ayers Surb. Center
514.20 S1
Sidewalk
.75
385.65
Lot 2 Block B -1
494.40 S1
Driveway 1 -30
1.49
736.66
922 Broadway
1 -25
4,696.
Santa Monica, CA 90406
28
Travis Oil Company
-0-
C G & Pvmt
- 0 -
- 0 -
Lot i Block B -1
152.00 sE
Sidewalk
.75
114.00
Port -Ayers Surb. Center
-0- SZ
Driveway
- 0 -
- 0 -
114.
6000 S. Padre Island Dr.
AYEE
S STREET IM
ERSECTION
29
Odelia T. Cavazos
62.43 LF
C, G & Pvmt
10.31
643.65
Lot 37 Block 15
*17.00 LF
C, G & Pvmt
4.75
128.25
281N
Cuiper Addition
359.00 SF
sidewalk
.75
269.25
4101 Carlton
*Return
-0- SF
Driveway
- 0 -
1,041.:
on Carlton
ON STREET MTERSECTION
30
E. C. Davis
135.00 LF
C, G & Pvmt
2.38
321.30
S
Lot 1 Block 14
460.00 SF
Sidewalk
.38
174.80
Cuiper Addition
198.45 SE
Driveway 20'
1.49
295.69
4102 Carlton 78415
791.E
31
Vernon E. Byrd
135.00 LF
C, G & Pvmt
2.38
321.30
S
Lot 31
496.00 SF
Sidewalk .
.75
372.00
Cuiper Addition
162.45 S
Driveway 16'
4101 Dina 78415
1.49
242.05
Q3S 7
•
i
Page
6
ITE.k OTv6YER AND
QUXMTY DESIa
170. PROPERTY D^9CRIPT20N
FT
ASSESSED ON
Oa
TOTAL
RATE
AKMW
AMOUNT
ASSESSMEM
ASSESSED
D
STREMINT_ ECTION
Juan Nino
Lot 1 Block 13
135.00 Ll C, G & Pvmt.
2.38
321.30
Addition
472.00 S Sidewalk
.38
179.36
4102 D
4102 inn 78415
171.45 S y Drivewa 17'
1.49
255.46
756.1;
Robert E. Bridges
Lot 29 Block 13'.
135.00 C, G & Pvmt
2.38
321.30
Cuiper Addition
408.00 S Sidewalk
.04
4101 Naples 78415
318.45 S Driveway 1 -13'
1 ":49 49 :
74
474.49
1 -20'
950.83
NAP L
STREET ECTION
END SOUTH E
RNE ROAD T II
FR
McARTHUR T NAPLES
B
INNING AT PRESCOTT
NORTH S
Baldemar Tanguma
Lot 1 Block 1
54.36 Ll C, G & Pvmt
4.75
258.21
Roseland Place Add.
217.44 S1 Sidewalk
6.08
2002 Horne Road 78416
- 0 - S Driveway
1.49
1 0
421.29
Gerald E. Saldana
Lot 2 Block 1
54.34 M C, G & Pvmt
4.75
258.12
Roseland Place Add.
177.36 S1 Sidewalk
108.45 SE
.75
133:02
2006 Horse Road 78416
Driveway 20'
1.49
161.59
552.73
Jose G. Cavazos
Lot 3 Block 1
54.34 IS C, G & Pvmt
4.75
258.12
Roseland Place Add.
177.36 SF Sidewalk
.75
133.02
2010 Horna Road 78416
108.45 SF Driveway 10'
1.45
161.59
552.73
Wm- P. Riddick
Lot 4 Block 1
54.34 LF C, G S Pvmt.
4.75
258.12
Roseland Place Addition
173.36 SF Sidewalk
.75
130.02
401 Parade 78412
117.45 SF Driveway ll
1.49
175.00
563.14
Tanis E.'Jaquez
Lot 5 Block 1
54.34 LF C, G & Pvmt
4.75
258.12
Roseland Place Add.
177.36 SF Sidewalk
.75
133.02
2018 Horne Road 78.416
108.45 SF Driveway 10'
1.49
161.59
552.73
Page `7 -
ITEM
NO.
OWNER AND
PROPERTr DESCRIPTION
QUANTITY
ASSESSED
s
DESCRIPTION
OF
ASSESSLiR'TIT
RATE
AMUNT
TOTAL
AMOUNT
ASSESSED
39
Santos Saucedo
54.34 IF
C, G, & Pvmt.
4.75
258.12
Lot 6 Block 1
177.36 SF
Sidewalk
..75
133.02
Roseland Place Addition
108.45 SF
Driveway 10'
1.49
161.59
2022 Horne Road 78416
552.73
40
Guadalupe M. Rodriguez
54.34 LF
C, G, & Pvmt.
4.75
258.12
Lot 7 Block 1
177.36 SF
Sidewalk
.75
133.02
Roseland Place Addition
108.45 SF
Driveway 10'
1.49
161.59
2026 Horne Road 78416
552.73
41.
Miguel Z. Aranda
54.37 IF
C, G, & Pvmt
4.75
258.26
Lot 8 Block 1
217.48 SF
Sidewalk
.75
163.11
Roseland Place Addition
0.00 `
Driveway
1.49
0.00
2030Eorne Road 78416
421.37
RAMBLER
TREET INTERSEM
ION
42
Continental Oil Co.
140.00 IF
C, G, & Pvmt
19.47
2,725.80
Lot 1 & 2 Block 4
700.00 SF
Sidewalk
.75
525.00
Roseland Place Addition
0.00 SF
Driveway
1.49
0.00
1201 Continental Life
Fort Worth, TX 76102
3,250.80
CROSSTOWD
EXPY. INTERSE
ON
43
Mrs. Nell Bader (n /p)
242.00 IF
C, G, & Pvmt
19.47
4,711.74
Bader Tract
1,024.00 SF
Sidewalk
.75
768.00
4001 S. Port Avenue 78.405
0.00 SF
Driveway
1.49
0.00
5,479.74
PORT AVU
jE INTERSECTIO
44
Diamond Shamrock Corp.
100.06 IF
C, G, & Pvmt.
19.47
1,947.00
Lot 3 & 4 Block 1
248.60 SF
Sidewalk
.75
186.45
Harland Industrial Sites
21.00 SF
Header Curb
3.72
78.12
P. 0. Box 631
806.90 SF
Driveway 2 -35'
1.49
1,202.28
Amarillo, TX 79105
% .
3,413.85
45.
Mercie Lee Braslau
90.01 LF
C, G, & Pvmt.
19.47
1,752.49
Lot 2 & 1 Block 1
280.04 SF
Sidewalk
.75
210.03
Harland Industrial Sites
238.45 SF
Driveway 20'
1.49
355.29
511 Louisiana 78404
2,317.81
46
Joe Brame
75.00 IF
C, G, & Pvmt
19.47
1,460.25 '
Lot 10 -A Block 1
240.00 SF
Sidewalk
.75
180.00
Harland Industrial Sites
183.45 SF
Driveway 15'
1.49
273.34
505 Cole 78404
1,913.59
•
•
Page 8
ITEM
OWNER AND
QUANTITY
DES &FTIOR
NO.
PROPERTY DESCRIPTION
ASSESSED
OF
RATE
MUNT
TOTAL
AMOUNT
ASS'
ASSESSED
47
Claude Crews
50.00 LF
C, G, & Pvmt
19.47
973.50
Lot 11 -A Block 1
120.00 SF
Sidewalk
.75
90.00
Harland Industrial Sites
238.45 SF
Driveway 20'
1.49
355.29
2324 Horne Road 78416
1,418.79
48
Ed Fenner
75.00 LF
C, G, & Pvmt
19.47
1,460.25
Tract G Lot 16 Block 8
300.00 SF
Sidewalk
.75
225.00
Sec. G of Paisley Subd. of
the Hoffman Tract
0.00 SF
Driveway
1.49
0.00
Harland Industrial Sites
4703 Cosner 78415
1,685.25
49
Mrs. Amboline
75.00 LF
C, G, & Pvmt
19.47
1,460.25
Tract F Lot 16 Block 8
300.00 S1
Sidewalk
.75
225.00
Sec. G of Paisley Subd.
of Hoffman Tract
0.00 ST
Driveway
1.49
0.DO
Hailand.Industrial Site
3706 Bonnie Rd. Austin, IX
1,685.25
50
D. E. Rains
75.00 U
C, G, & Pvmt
19.4
1,460.25
Lot 1 Annex 2
17.50 Ll
Header Curb
3.7
65.10
Harland Industrial Sites
297.50 5
Sidewalk
.7
223.13
9302 S. PID 78418
520.90 31
Driveway 2-2V
1.4
776.14
2,524.62
51
Lois R. Hall
163.96 Li
C, G, & Pvmt
19.4
3,192.30
Harland Industrial Sites
534.16 S
Sidewalk
.7
400.62
Annex 1
814.70 S
Driveway 12'
1.41
1,213.90
P. 0. Box 3207 78404
28', 24'
4,806.82
52
Tidelands Inv. Corp.
65.00 L
C, G, & Pvmt
19.4;
1,265.55
Lot 22 .
460.00'S
Sidewalk
.7
345.00
Harland Industrial Sites
293.45 S
Driveway 25'
1AS
437.24
Annex 1
P. 0. Box 7125 78415
2,047.79
53
Atlantic Richfield Oil
0.00 L
C, G, & Pvmt
19.4
0.00
Lot 21
110.00 S
Sidewalk
.7
82.50
Harland Industrial Sites
Annex 1
82.50
Total Contract Price
$198,585.5
Preliminary Assessment
63,o96.6
City's Portion
$135,
C
•
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 hereinabove
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
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 hereinafter 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 Engineering and Physical Development
upon the completion of said work on said street, and the findings of the
Director of Engineering and Physical Development 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 five
and one - quarter (5 1/4%) per cent per annum with reasonable attorney's fees
-7-
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 whirl same are assessed from and after the date of said improvements
were ordered by said'City Council, to -wit: March 20, 1974 . and a personal
liability and charge against the real and true owner or owners thereof, whether
or not such 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 City; or
2. 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 1st day of the next
succeeding month and continuing thereafter on the 1st day of
the next 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, however,
that the owners of said property availing themselves of
Option "2" or "3" shall have the privilege of paying one, or
ail, 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.
3. The total number of monthly installments on owner occupied '
property may be extended beyond sixty (60) in number so that,
at owner's request, the total monthly payments will not exceed
Ten Dollars ($10.00) per month.
-9-
SECTION 6. That for the purpose of evidencing said assessments,
the liens securing same and the several sums assessed against the said par-
cels 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
certificates shall be issued by the City of Corpus Christi, Texas to itself
upon the completion of said improvements in said streets and acceptance thereof
by said City Council, which.certificates shall be executed by the Mayor in the
name of the City, attested by the City Secretary, with the corporate seal
of said City, and which certificates shall declare the amounts of said
assessments and the times and terms thereof, the rate of interest 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
property 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 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: March 20,
1974, 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
-9-
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 the Charter in force in said City and the
proceedings of said City Council of said City, and that all prerequisites
to the fixing of the assessment lien against the property therein described,
or attempted to be described, and the personal liability of the real and
true owner or owners thereof, evidenced by such certificates, have been
regularly done and performed, which recitals shall be evidence of all the
matters and facts so recited and no further proof thereof shall be required
in any Court.
That said certificates shall further provide in effect that the
City of Corpus Christi, Texas, shall exercise all of its lawful powers, in
the enforcement and collection thereof, and said certificates may contain
other and further recitals, pertinent and appropriate thereto. It shall not
be necessary that said certificates shall be in the exact form as above set
forth, but the substance and effect thereof shall suffice.
SECTION 7. That all such assessments levied are a personal
liability and charge against the real and true owner or owners of the property
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
mistake, or error, invalidity or irregularity whether in such 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 Chtisti. 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 assessment, shall in no wise affect or
impair the validity of assessments against the other parcels of property
-10-
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 Engineering & Physical Development 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 1105b
of Vernon's Annotated Civil Statutes of Texas and the Charter of the City
of Corpus Christi, Texas, under which terms, powers and provisions said
proceedings, said improvements and assessments were had and made by said
City Council.
SECTION 8. The fact that the above described streets have become
important thoroughfares and the fact that the present condition of said 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 and take effect and be in
full force and effect from and after its passage, IT IS ACCORDINGLY SO
ORDAINED, this the 22nd day of May, 1974,
ATTEST -
City Secretary
APPROVED:
22 d: DAY OF MAY, 974::
.3�u�� PX7 &,-
��ec / City Attorney
MAYO Pro -T
CITY -OF CORPUS 6QSTI, TEXAS
Corpus Christi, Texas
day of , 19&
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 meeting& 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 Y19.1g .
ITY OF CORPUS STI, TEXAS
The Charter rule was suspended by the following vote:
Jason Luby —
James T. Acuff
Rev. Harold T. Branch
i
Thomas V. Gonzales
Ricardo Gonzalez
Gabe Lozano, Sr.
J. Howard Stark
The above ordinance was passed by the following vote:
Jason Luby
James T. Acuff
Rev. Harold T. Branch
Thomas V. Gonzales
Ricardo Gonzalez
Gabe Lozano, Sr.
J. Howard Stark