HomeMy WebLinkAbout12151 ORD - 07/03/19740 JRR:jkh:7 -3 -74; 1st
AN ORDINANCE
CLOSING THE HEARING ON STREET IMPROVEMENTS FOR THE
FOLLOWING STREETS:
SOUTH STAPLES STREET, FROM PADRE ISLAND DRIVE TO
SARATOGA BOULEVARD;
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 22nd DAY OF May ,
1974, DETERMINED THE NECESSITY FOR, AND ORDERED THE IMPROVEMENT OF THE
rOLLOWING STREETS:
South Staples Street from Padre Island Drive to Saratoga Blvd.,
IN THE MANNER AND ACCORDING TO THE PLANS AND SPECIFICATIONS HERETOFORE
APPROVED AND ADOPTED BY THE CITY COUNCIL BY ORDINANCE DATED May 22,
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, 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, end the real and
true owners thereof, and said Director of Engineering & 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
May 22, 1974 , did determine the necessity of levying an assessment
12151,
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 22; 1974 , did order and set a hearing to be held at3,j
on the 26thday of June , 1974 , 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 ABUTTING PROPERTY AND THE REAL AND
TRUE OWNER OR OWNERS THEREOF, AND AS TO THE SPECIAL BENEFITS TO ACCRUE TO
SAID ABUTTING PROPERTY BY VIRTUE OF SAID IMPROVEMENTS, IF ANY, OR CONCERN-
ING ANY ERROR,.INVALIDITY, IRREGULARITY OR DEFICIENCY IN AMY PROCEEDINGS,
OR CONTRACT, TO APPEAR AND BE HEARD IN PERSON OR BY COUNSEL AND OFFER
EVIDENCE IN REFERENCE TO SAID MATTERS; AND THE CITY COUNCIL DID BY SAID
ORDINANCE ORDER AND DIRECT THE CITY TO GIVE NOTICE OF SAID HEARING TO THE
OWNERS ABUTTING UPON SAID STREET AS SHOWN BY,THE CURRENT AD VALOREM TAX
ROLL BY MAILING SUCH NOTICE TO SUCH OWNERS AND PUBLISHING SAID NOTICE AT
LEAST THREE TIMES IN THE CORPUS CHRISTI TIMES BEFORE THE DATE OF THE HEARING,
SUCH NOTICE OF MAIL AND BY PUBLICATION BEING IN COMPLIANCE WITH THE PROVI-
SIONS OF ARTICLE 11058 OF VERNON'S ANNOTATED CIVIL STATUTES OF TEXAS; AND
kWEREAS, 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 *TAILING 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 HEARINGS BOTH FORMS OF NOTICE
BEING IN COMPLIANCE WITH AND CONTAINING THE INFORMATION REQUIRED BY ARTICLE
11056, VERNON'S ANNOTATED CIVIL STATUTES; AND
WEREAS, 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 .IUDP 26 1974 �
-2-
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 26, 1974
Page 7
The Charter Rule was suspended and the foregoing ordinance was passed by the following
vote: Acuff, Tom Gonzales, Lozano and Stark, present and voting "Aye "; Luby, Branch and
Ricardo Gonzalez absent.
ORDINANCE NO. 12144
APPROPRIATING AND REAPPROPRIATING OUT OF THE 102 GENERAL FUND, ACTIVITY 3327,
CODE 501, THE SUM OF $5667.50, FOR ACQUISITION OF PARCEL NO. 9, POLICE STATION
EXPANSION, FROM LEWIS TILLEY, ET AL, SAID SUM TO INCLUDE AWARD OF SPECIAL
COMMISSIONERS, COMMISSIONERS' FEES, APPRAISER'S COSTS, MOVING, PUBLICATION
AND COURT COSTS; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the following
vote: Acuff, Tom Gonzales, Lozano and Stark, present and voting "Aye "; Luby, Branch and
Ricardo Gonzalez absent.
ORDINANCE NO. 12145
APPROPRIATING OUT OF THE NO. 208 AUDITORIUM BOND FUND $6,000 APPLICABLE TO
PROJECT NO. 208 -72 -2, MUNICIPAL AUDITORIUM, FOR ACOUSTICS CONSULTANT SERVICES
WITH C. P. BONER AND ASSOCIATES, SAID SERVICES TO BE PROVIDED THROUGH THE CITY'S
ARCHITECTURAL CONSULTANTS FOR THE PROJECT, CAUDILL ROWLETT SCOTT /SWANSON,
HEISTER, WILSON AND CLAYCOMB, INC.; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the following
vote: Acuff, Tom Gonzales, Lozano and Stark, present and voting "Aye "; Luby, Branch and
Ricardo Gonzalez absent.
Mayor Pro Tem Acuff called for petitions or information from the audience on matters
not scheduled on the agenda. No one appeared.
Following a brief recess, Mayor Pro Tern Acuff reconvened the meeting and announced
the scheduled public hearing on paving assessments for South Staples Street from South Padre Island
Drive to Saratoga.
City Manager Townsend explained that this is a joint City -State project; that the assess-
ment roll includes 63 items which are substantially below what the cost would have been had the
project been as voted as a bond funded program.
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 bsis on which the City Counci I, acting as a legislative body, would determine and
Wes •
Regular Council Meeting
June 26, 1974
Page 8
and establish the assessments on the abutting properties.
Director of Engineering and Phsyical Development James K. Lantos was interrogated as
to his identity, occupation, time of residence in the City, formal education and qualifications as
on engineer and his familiarity with the subject project. He filed with the City Secretary a written
statement 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, being South Staples Street from South Padre Island Drive to Saratoga Boulevard. He
explained that the project will consist of pavement as per State Highway Department Plans, instal la-
tion of curb, gutter, sidewalk and reinforced concrete driveways where specified or requested by
abutting property owners, and construction of such storm sewers and drains together with all other
necessary incidentals and appurtenances, deemed adequate and as provided in the plans and specifica-
tions. He explained that the assessment rates for the concrete portion of the project have been
determined in accordance with the present policy of the City and by applying the unit prices obtained
by the low bid submitted by Burtex Constructors to the calculated quantities for the improvements
abutting the properties, and that the assessments have been made only to the portions of the contract
which are to be paid by the City. He stated the Preliminary Assessment Roll reflects the total
contract price of $1,148,300.51; State's portion, $603,529.78; City's portion, $511,521.81;
Preliminary assessments, $160,678.58; and net cost to the City of $350,848.23.
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 various types of real estate, and familiarity
with the subject project. He filed with the City Secretary a written statement of his qualifications.
He stated he had, within the last week, personally examined each parcel of land involved in the
subject project as to the evaluation in relation to the assessments, and in his opinion, 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 four parcels where a drainage ditch crosses South Staples
Street. In this situation, he stated property owners gave to the City a 37 -1/2 foot strip of land which
this ditch crosses, and practically destroyed the use of the property. He stated, in his opinion,
the improvements will not increase the valuation of these properties and the assessments on this
37 -1/2 feet of frontage should be deducted. The parcels involved and recommended for reduction
are as follows:
' �tes •
Regular Council Meeting
June 26, 1974
Page 9
Item #22, W. K. Cowling, Lot 1, Tract D, Lokey Subdivision;
Item #23, Vaughn Bowen et al, Lot 1, 2 & 3, Block 1, Garvin Addition;
Item 055, Duaine A. Davis, Staple Grove; and
Item #56, Southwestern Bell Telephone Company, Lot 9, Logan Tract.
The following persons appeared and questioned the assessments as they appear on the
preliminary assessment roll:
Mr. Duaine Davis, 5761 South Staples (Item 055), stated he did not need a 15 -foot
driveway as shown on the plans and asked that the width be reduced to 12 feet. He complained
of trees which he had planted on the 20 -foot easement having been destroyed without notice to him;
that dirt, pipe, and other building materials had been allowed to accumulate in front of his house;
and that water stands along the side of his residence because the ditch is not being kept clean.
Mr. Marshall Boykin, attorney representing Mrs. Blanch Moore, owner of Lot 9, Block 3
(Item X35), questioned Mr. Carr as to the increase in valuation of this property as a result of the
proposed sidewalk, curb and gutter. He stated that for farm usage, these improvements would be
useless and would not enhance the value of the property to a potential buyer of the land.
Mr. W. A. Krause, owner of Lot 8 -A, Block 6, Gardendale No. 1 (Item 448), spoke
in opposition to the assessments on this property, stating that when he had applied to the City for
a permit to build a building he was told he could have the permit only if this land was re- platted
and he gave the City 20 feet of the property for street right -of -way; that he was led to believe he
would not be assessed, and he considers this to be "blackmail ". He stated he feels he is being
discriminated against, sees no justification whatsoever, and if this is the City's policy, then the
policy should be changed. Mr. Lantos explained that in this particular situation, which extends
all the way to the Cain Drive intersection, there is ten feet of excess right -of -way on some three
parcels of land which is not being used for this project and could be returned to the property owners.
Mr. Townsend was directed to check Mr. Krause's complaint and report.
Mr. Gene Peoples, attorney representing property owners along South Staples Street
between Woolridge and Holly Road, asked that they also be included for the return of the ten
feet of excess right -of -way. Mr. Peeples did not speak in opposition to the assessments but
requested the City's cooperation on whatever basis feasible in getting an adequate sanitary sewer
system in this area, and felt it should be done before the streets are paved.
�tes
Regular Council Meeting
June 26, 1974
Page 10
Motion by Stark, seconded by Lozano and passed, that the hearing be closed.
Mayor Pro Tem Acuff made a brief report on his trip to Washington D.C. this week
where he heard testimony from three Congressmen and representatives of the Department of Interior
and Bureau of Reclamation, who introduced the Bill for the location of a dam at Choke Canyon.
He reported that it was the general concensus that there would be an early hearing in the summer
with favorable results.
City Manager Townsend briefly reported on the results of the Texas Water Quality Board
hearing held Friday, Saturday and Sunday, at Miller High School. He stated the hearing was
recessed with a statement from Mr. Yantis that the hearing would be reconvened at a later date
pending information from Texas Waste Materials Services, and that this information wi II be submitted
directly to the TWQB. He stated the status of the lawsuit is that it is still pending.
Mr. Townsend also made a brief report on the Corpus Christi Gas Corporation audit for
the year ended December 31, 1973.
City Manager Townsend discussed the item of the offer to donate Los Amigos Park to the
City and read from the proposed deed certain restrictions against buildings, parking lots and other
improvements, submitted by the trustees of the subdivision. He explained that this property is across
Ocean Drive from Kush Lane extending 415 feet to one lot north of Amistad Street, and the City
would pay only the outstanding paving assessment. He stated among the restrictions set out were
that the City would have the right to construct a sea wall or such other structures as may be
necessary to prevent erosion and to install landscaping, but that no structure be installed that would
obstruct the view from the Bay; the land not to be used for parking of vehicles, and no outdoor
cooking facilities such as barbeque pits or picnic tables. Mr. Townsend stated the restriction
against picnic facilities is the only condition of concern by the staff. He stated that this document
is more acceptable than the one originally submitted, and that a recommendation would be presented
next week.
Relative to the closing of Kay Street, the Council agreed that the closing and the sale
of the 25 foot strip of City -owned property, be conditioned on (a) retention of substitution of side-
walk easement; (b) commencement of a project with local Housing Authority participation; and
(c) approval by the City Council of public access to the abutting property involved either by
platting or other covenants. Mr. Townsend stated this action would be scheduled for Council
Agenda on July 10.
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
CI7Y 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 HEREINSELOW 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 Z. 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 THEREOF, WHETHER NAMED OR
CORRECTLY NAMED HEREIN OR NOTE HAVE BEEN IN ALL THINGS REGULARLY HAD AND
PERFORMED IN COMPLIANCE WITH THE LAWS CHARTER PROVISIONS AND PROCEEDINGS OF
THE SAID CITY COUNCIL,
SECTION 3. THAT IN PURSUANCE OF SAID ORDINANCES, DULY ENACTED
BY SAID CITY COUNCILS AUTHORIZING AND ORDERING THE IMPROVEMENTS OF THE ABOVE
DESCRIBED STREETS WITHIN THE LIMITS DEFINEDj AND IN PURSUANCE OF SAID
PROCEEDINGS HERETOFORE HAD AND ENACTED BY SAID CITY COUNCILS IN REFERENCE
TO SAID IMPROVEMENTS AND BY VIRTUE OF THE POWERS VESTED IN SAID CITY WITH
RESPECT TO SAID STREET IMPROVEMENTS BY THE LAWS OF THE STATE OF TEXAS AND
THE CHARTER OF SAID CITY WITH PARTICULAR REFERENCE TO CHAPTER lO6 OF THE
ACTS OF THE FIRST CALLED SESSION OF THE 40TH LEGISLATURE OF THE STATE OF
TEXAS? KNOWN AND SHOWN AS ARTICLE 11056 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 HEREINSELOW 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:
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6/27/74
CORRECTED ASSESSMENT ROLL
South Staples Street
From Padre Island Drive to Saratoga Boulevard
This project is titled as the South Staples Street Improvement Project, from South
Padre Island Drive (S.H. 358) to Saratoga Boulevard (S.H. 357) and is designated
as State Highway No. 29.
This improvement will consist of excavation to permit the construction of pavement
as per State Highway Department Plans, and also the installation of 6" curb and
gutter, sidewalk 4" thick and ranging in width from 4' to 5''6 ", 6" thick rein-
forced concrete driveways where specified or requested by the abutting property
owners as well as header curbs where specified. The pavement portion costs of the
project will be the responsibility of the State of Texas; the drainage, right -of-
way, utilities and concrete work will be that of the City.
The assessmentrates for the concrete portion of the project have been determined
in accordance with the present policy of the City and by applying the unit prices
obtained by the low bid submitted by Burtex Constructors to the calculated quan-
tities for the improvements abutting the properties. The assessments have been
made only to the portions of the contract which are to be paid by the City. The
rates are as follows:
Curb & Gutter $ 3.73/LF
Sidewalk & Combined Header
Curb 1.06ls
6" Reinforced Concrete
Driveways 14.16/SY
TOTAL CONTRACT PRICE $ 1,1489300.51
STATE PORTION 603,529.78
CITY'S PORTION 511,521.81
PRELIMINARY ASSESSMENTS 160,674.03
NET CITY COST350�g�F7.7$'
3ames K. Lont P.E_
Dir. of Engineering &
Physical Development
jkl /dc
Page 1
TTEBi
No.
OWNER AND
PROPERTY DESCRIPTI017
QJ4NTITY
ASSESSED
DESCRIPTION
OF
A SSES SI'MIT
PATE
AMOUNT
TOTAL
M40UNT
ASSESSED
i
SOUTH STAPL
S FROM SOUTH PORE
IS
D
DRIVE TO S
TOGA BOULEVARD
BEGINN
G
SOUTH PADRE
ISLAND DRIVE N
E SIDS
1
Gulf Oil.Corporation
200.00 IF
Curb, Gutter,
3.73
746.00
Lot A Sammons Subdivision
540.00 SF
Sidewalk 4'
1.06
572.4Q
P. 0. Drawer 2100
123.30 SY
D/W 1 -30 1 -35
14.16
1,745.93
Houston, TX 77001
3.064.33
2
Gromarco
336.32 IF
Curb, Gutter
3.73
1.254.47
Lot B Sammons Subdivision
1191.58 SF
S/W
1.06
7_26.3.071
1014 Vine Street
Cincinnati, OR 45202
81.78 SY
D/W 2 -30'
14.16
1,158 -00
3,6'75-51
3
Mrs. Katherine Lontos
*579.09 IF
Curb, Gutter
3.73
2,160.01
Lot 16 Section 13
,236.36 SF
S/W 4' -
1.96
2,370_54 .
FB & EF & GT
0.00 SY
D/W
14.16
0.00
*Return on Williams Drive
4,530.5'
333 Baycliff
WILLIAMS DRIVE
INTERSECTI
N
4
Arcadia Shopping Center
*180.00 LF
Curb, Gutter
3.73
671.40
Lot Section 13
800.00 SF
S/W 5' tied
1.06
848.00
FB & EF & GT
0.00 SY
D/W
14.16
0.00
*Return on Williams Drive
1,519.4E
600 S. Padre Island Dr.
5
James J. Rossi
330.00 IF
Curb, Gutter
3.73
1,230.90
Lot 17 Section 13
1443.00
S/W
1.06
1,529.58.
FB EF & GT
466 Miramar
0.00 SY
D/W
14.16
0.00
2,760.4E
6
A. M. Salvo et.al
330.00 LF
Curb, Gutter
3.73
1,230.90
Lot 17 Section 13
1,320.00 SF
S/W 4'
1.06
1,399.20
FB & EF & GT
0.00 SY
D/W
14.16
0.00
2,630.10
5200 McArdle Road
7
Southwasterit Bell Tel. Co.
440.00 IF
Curb, Gutter
3.73-
1,641.20
Lot 17 Section 13
1,560.00 SF
S/W 4'
1.06
1.653.60
FB & EF & GT
98.42 SY
D/W 2 -25'
14.16
1,393.63
4,688.43
406 North Carancahua
8
Roy M. Lambert
5122.80 LF
C, G
1.87
229.84
Lot 1 Blk 7
491.20 SF
S/W 4'
•53
26q.34
Glen Arbor Unit 2
0.00 SY
D/W
14.16
0.00
5602 Bonner 78412
490.18
BONNER DRIVE
INTERSECTION
9
J. L. Harrison Const. Co.
5100.00 LF
Curb, Gutter
1.87
187.00
Lot 34 Blk 6
400100 SF
s%W 4'
53
212 -00
Glen Arbor Unit 2
0.00 SY
D/W
14.16
0.00
399 -00
5621 Bonner 78412
1r.
•
Page 2
=1-111
UO.
OWNER AND
PROPERTY DESCRIPTION
QUANTITY
ASSESSED
DESCRIPTION
OF
ASSESSIC, N'T
PULTE
AMOUNT
TOTAL
AMIOUNT
ASSESSED
10
Robert A. Henderson
S 100.00 LF
Curb, Gutter
1.87
187-00
Lot I Blk 6
400.00 SF
S/W 4'
.53
212.00
Glen Arbor Unit 2
0.00 SY
D/W
14.16
0.00
5607 Tanglewood 78412
399-CO
TANGLEWOOD
DRIVE INTERSEC71ON
Benny Ray Burke
S 100.22 LF
Curb, Gutter
.1-87
187.41
,Lot 34 Blk 5
400.88 SF
S/W 4'
•53
212-46
Glen Arbor Unit 2
0.00 SY
D/W
14.16
0.00
5601 Tanglewood 78412
399.87
12
Jack C. Chase
S 116.77 LF
Curb, Gutter
1.67
218-35
Lot 1 Blk 5
467.08 SF
S/W 41
Z3
247:55
Glen Arbor Unit 1
0.00 SY
D/W
14.16,
0.00
5602 Cain Drive 78412
465.90
CAIN DR
INTERSECTION
13
Jimmy R. Melhart
S 100.00 LF
Curb, Gutter
1.87
187-00
Lot I Blk 1
400.00 SF
D/W 41
.53
212,,00
Glen Arbor Unit 1
0.00 SY
D/W
14.16
0.00
5601 Cain Drive
399,00
14
E. B. Essary
*555..0 LF
curb, Gutter
3.73
2,070-15
Lot A Blk 1
Glen Arbor Unit 1
1,880.00 SF
S/W 41
1.06
1,992.80
406 Paloma
0.00 SY
D/W
14.16
0.00
4,062.95
*Return on Holly Road
HOLLY ROAD
INTERSECTION
15
Waldron Corp.
300.00 LF
Curb, Gutter
3.73
1,119.00
Lot I Tract A
1,340.00 SF
S/W 5' tied
1.06
1,420.40
Lokey Subdivision
28.33 SY
D/W 20' & 12'
14.16
401.15
P. 0. Box 6190 C.C., TX
2.940-55
16
T. E. Orrell
165.00 LF
curb, Gutter
3.73
615.45
Lot 1 Tract B
612.00 SF
S/W 41
1.06
648-7'2
Lokey Subd.
15.91 SY
D/W 12'
14.16
225.29
6000 S. Staples
2,489.46
17
Glenn W. Beardsley
165.00 LF
Curb, Gutter
3.73
615.451;
Lot 1 Tract C
564.00 sF
S/W 4'
1.06
597.84
Lokey Subd.
52.20 SY
D/W 2-121
14.16
739.15
917 Dolphin
1,95;2444
18
William B. Miller et al
165.00 LF
Curb.-Gutter
3.73
615.45
Lot I Tract C
604.00 SF
S/W 4'
1.06
640.24
Lokey Subd.
29.65 SY
D/W 1-14'
14.16
419.84
1,675-53
9th Floor'.Guaranty Bank
Plaza, City 78401
Page 3
ITEM
N0.
OWNER AIM
PROPERTY DESCRI.PTIOY
QUANTITY
ASSESSED
DESCRILPrTION
OF
ASSESSP-ENT
RATE
AMOUNT
TOTAL
BMOUT.IT
ASSESSED
19
Bernwanger- Ethridge
! .50.00 LF
Curb, Gutter
3.73
186.50
Lot 1C Tract A & Willie
200.00 SF
S/W 4'
1.06
212.00
Lokey Subd. 3857 S. Stap.
0.00 SY
D/W
14.16
0.00
398,50
20
Bernwanger- Ethridge
50.00 LF
Curb, Gutter
3.73
1 186.50
Lot 1 C Tract B & William-'
112.00 SF
S%W 4'
1.06
118.72
-
Lokey Subd. 3857 S. Stap.
43.88 SY
D/W 1 -22'
14.16
621.34
926.56
21
Bernwanger- Ethridge.
65.OG LF
Gutter
3.73
2 242.45
Lot 1C Tract C
.260.60 SF
_Curb,
S/W 4'
1.06
275,60
Lokey Subd 3857 S. Stap.
0.00 SY
D/W
14.16
0.00
518.05
78412
22
W. K. Cowling " -
*330.00 LF
Curb,_ "Gutter
3.73
1,230.90
Lot 1 Tract D
,264.00 SF
S/W 4'
1.06
1039.84
Lokey Subd. Box 410 CC
29.65 SY
D/W 14'
14.16
419.84
*Includes Drainage Esmt.
2,990.58
SCHANNEN DITCH
EASEMENT
23
Vaughn Bowen et al
198.0011F
Curb, Gutter
3.73
738.54
Lot 1, 2 & 3 Blk 1
632,00 SF
S/W 4'
1.06
669.92
Garvin Addition
80.64 SY
D/W 2 - 20'
14.16
1,141.86
4707 EverhartC.C., Tx
2,550;32
24
Claude F. Huff
66.00 LF
Curb, Gutter
3.73
-246.18
Lot 4 Blk 1- Garvin Add.
164.00 sF
s/W 4'
1.06
173.84
5918 S. Staples 78412
47.42 SY
D/W 25'
14.16
671.47
3,091.49
25
J.A. & T.L. Hoot
132.00LF
Curb, Gutter
3.73
492.36
Lot 5 Blk 1 Garvin Add
368.OosF
S/W 4'
1.06
390,08
P.O. Box 6148, Austin,Tx
- 78.86SY
D/W 15'"
14.16
1,116.65
11999.09
Included in #25
LF
Curb, Gutter
3.73
Lot 6 Blk 1 Garvin Add.
SF
S/W 4'
1.06
601 Van Cleve _
SY
D/W 25'
14.16
26
Dr. Wm. M. Hart
264.00 LF
Curb,_Gutter
3.73
984.72
Lot 7, 87 91 10 Blk 1
952.60 SF
S/W 4'
1.06
1,009.12 -
Garvin Add -3861 S. Staple
55.75 SY
D/W 12' 14'
14.16
789.42
2,783.26
78411.
27
Dr. Wm. M. Hart
155.00 LF
Curb, Gutter
3.73
- 578.15
Lot 16 Tract C Lokey Subd.
572.00 SF
S/W 4'
1.06
606.32
3861 S.. Stap. 78411
26.10 SY
D/W 12'
14.16
369.58
1,554.05
28
Nolan W. Culp
82.00 LF
Curb, Gutter
3.73
305.86
Lot 16 Tract C S1W z
280.00 SF
S/W 4'
1.06
296.80
Lokey Subd. 6018 S. Stap
26.10 Sy
D/W 12'
14.16
369.58
972.24
784:12
Page 4
ITEIM
NO.
OWNER AND
PROPERTY DESCRIPTION
QUANTITY
ASSESSED
DESCRIPTION
OF
ASSESSP+IENT
RATE
AMOUNT
TOTAL
AMOUNT
ASSESS
29
Harry A. Plomarity
93.00 LF
Curb,.Gutter
3.73
346.89
Lot 16C Tract A Lokey Sub
272.00 SF
S/W 4'
1.06
288.32
220 Baycliff
76.99 SY
A/W 25'
14.16
1,090.18
1,725.•39
30
W.L. Lundgren : et al
* 313.00 LF
Curb, Gutter
3.73
1,167.49
Lot 16 Tract D Lokey Sub
1,200.00 SF
S/W 4'
1,.06
1,272.00
Lot 16 Section 12 FB EF G
0.00 SY
D/W
14.16
0.00
2,439.49
*Return on Wooldridge Rd.
5121 Cape Ann
WOOLDRIDGE
ROAD INTERSECT
ON
31
W. L. Bates
203.50 LF
Curb -, Gutter.
3.73
759.06
FB & EF & GT lot 17 sec 1
805.00 SF
S/W 5'. tied
1.06
853.30
Rt 1 Box 164 CC,T%
22.46 SY
D/W 16'
14.16
318.03
1,930.39
32
Wooldridge & Company
450.00 IF
Curb, Gutter
3.73
1,678.50
FB & EF & GT lot 17 sec l,
•1912.48 SF
S/W
1.06
2,027.22
5635 Wooldridge Rd.
78415
0.00 SY
D/W
14.16
0.00
3,705.72
33
E. P. Zock et a1
661.69 LF
Curb, Gutter
3.73
2,468.10
FB & EF & GT lot 17 sec 1
2,646.76 SF
S/W 4'
1 -06
2,805.57
0.00 SY
D/W
14.16
0.00
5;2.73.67
34
John D. Hawn et. al.
1,249.00 LF
Curb, Gutter
3.73
4,658.77
_
FB & EF & GT Lot 32
4,640.00 SF
S/W 4'
1.06
4,918.49
Section 12 Hawn Bldg. CC.
600 Building
0.00 SY
D/W
14.16
0.00
9,577.17
SARATOGA EXLEVARD
EITD
SOUTH STAPLES
N/E SIDE
SOUTH STAPLES
FROM SOUTH
ADRE IS
AM DR.
TO SARA
GA BOULEVARD
BEGINNING SOU
M PADRE
ISLAND DR
E
N/W SIDE
_35
Mrs. Blanche Moore
905.36 IF
Curb, Gutter
3.73
3,376.99
Lot 9 Blk 3 FE & EF & GT
3,621.44 SF
S/W 4'
1.06
3,838 -73
5202 Everhart
0.00 SY
D/W
14.16
0.00
7,215.72
36
Ronald Massad & Ged Herr
*200.00 LF
Curb, Gutter
3.73
746.00
Lot 20, 21, 22 Blk 11
965_00 SF
S/W 5' tied
1.06
1,022.9Q
Gardendale No. 3
0.00 SY
D/W
14.16
0.00
1,768.90
*Return on Williams Dr.
3427 Ocean Drive
WILLIAMS DRIVE
INTERSECTI
N
ITEM OWNER AND
LO. PROPEBTY DESCRIPTION
37
38
39
40 .
44
45
46
47
Betty W. Hall
Lot 16B Blk 4
Gardendale No. 2
*Return on Williams Dr.
Southwestern Bell Tel. Co.
Lot 17 & 18 Blk 4
Gardendale No. 2
406 N. Caxancahua
William E. Price et ux.
Lot 19 Blk 4
zg1� dew o °d 2
Gladys E. Laird_ Miller
Lot 20 Blk 4
Gardendale No 2
5333 S. Staples
Gardendale Church of Chri:
Lot 21 blk 4
Gardendale No. 2
*R turn on Curtis Clark
53+1 S. Staples
H.M.- & Walter H. DeVille
Gardendale No. 2
Lot 16 Bl 5
P.O. Box 4268
Reichart Gro. Co.
Lot 17 Blk 5
ardendale No. 2
5+15 S. Staples
Mrs. Albert Sanchez
Lot 18 Blk 5
Gardendale No. 2
1654 W. Manor
C. F. Wallace, D.V.M.
Lot 19 Blk 5
Gardendale No. 2
5+25 S. Staples
Wilbert L. Hermes
Lot 20 -21 Blk 5
Gardendale No. 2
5437 S. Staples
Lawrence J.. Berger
Lot A& C Blk 6
Gardendale Gin Tract ail
*Return on Bonner Drive
4817 Mable
QUANTITY DESC=ION
ASSESSED OF
ASSESSMENT
120.00 LF Curb, Gutte
320.00 SF S/W 4'
80.64 SY D/W 2 -20'
200.00 LF Curb,-Gutte
520.00 SF S/W 4`
138..74 SY D/W 30' 2 -2
100.00 LF Curb, - Gutte
400.00 SF S/W 4''
0.00 SY D/W
100.00 LF Curb, Gutte
304.00 sF s/W 4'
52.20 SY D/W 2 -12'
10.00 LF* Curb, Gutt
00.00 LF Curb;:Gutte
400.O SF S/W 4'
-0= SY D/W
CURTIS CLA1K INTERSECTIO
110.00 LF Curb, Gutter
400.A0 Sr S1W 4'
0.00 ST D/W
100.00 LF Curb, Gutte
224.00 SF s/W 4'
87.76 SY D/W 2 -22'
100.00 LF Curb,-Gutte
352.00 SF S/W 4'
26.10 SY D/W 12'
100.00 LF Curb, Gutte
300.00 SF S/W 4'
49.21 SY D/W 25.'
200.00 LF Curb, Gutte
592.00 SF S/W 4'
120.96 SY D/W 3 -20'
BONNER DR ]E INTERSECTIO
,279.00 LF Curb, Gutte
975.50 SF 5.5' S/W & RC
98.19 SY D/W 25 & 2-
•
Page 5
RATE ! AMOUNT
3.73 447.60
1.o6 339.20
14.16 1,141.86
3.73 .746.00
1.o6 551.20
14.16 1,964.56
3.73 373.00
1.06 4.24,00
14.16 0.00
3.73 373.00
1..o6 .322.24
14.16 739.15
1.87 18.70
3.73 373.00
1.o6+ 424.0
14.16 f -0-
3.73
.1.o6
14.16
3:73
1.06
14.16
3.73
1:oE
14.16
3.73
1.0E
14.16
3.73
1.o6
14.16
3.73
1.o6
' 14.16
410.30
424.00
" 0.00
373.00
237.44
1,242.68
373.00
373.E
369.58
373.00
`318.00
696.81
746.00
627.52-
1,712.79
1,040.67
1,034.03
1,390.37
TOTAL
Ab:OUNT
ASSESSED
1,928.66
3,261.76.
797.00.
1,434.39:
.81$.70 .
. fl34.3o
1;853.12.
1,]15..70
1387.81. .
3,086.31
3,465.07
•
Page 6
TT_,I
IiO.
OWNER AND
PROPERTY DESCRIPTION
9UA111TITY
ASSESSED
DESCRIPTION
TOTAL
OF
RATE
AMOUNT
AMOUNT
W. A. Krause P�C�D
ASSESSMENT
ASSESSE7
48
Mrs. Blanche Starrett
58.28 LF
Curb, Gutter
3.73
217.38
Lot 8 A Blk 6
185.12 SF
S/W 4'
1.06'
196.2 3
Gardendale No. 1
26.10 SY
D/W 12'
14.16
369.58
783.19
1007 Furman 78404
49
Evelyn B. Collins
51.72 LF
Curb, Gutter
3.73
192.92
Lot 8 Elk 6
206.88 SF
OW 4'
1.06
2:19.29
Gardendale No. 1
-0- SY
D/W =
14.16
-0-
412.21
5525 S..Staples 78412
.
50
Evelyn:B:,Col,ins
150.00 LF
Curb, Gutter
3.73
559.50
Lot 9 -10 Blk 6
600.00 SF
s/w 4'
1.06
636.0o
Gardendale No. 1
.0- SY
D/W
14.16
-0-
1,195.50
5525 S. Staples 78412
P.O. Box 9172
51
Circle K. Corporation 264
69.83 IF
Curb, Gutter
3.73
260.47
Blk 10 A Blk 6
139.32 SF
8/W 4'
1.o6.
147.68
Gardendale No. 1
66.99 SY
D/W 35'
14.16
948.58
1;356.73.
Box 8349 - 78412
CAIN DRIVE
INTERSECTION
52
Gardendale Bap. Church
* 27.50 LF
Curb, Gutter
1- 87
51..43
Lot 8A & 11B Elk 10
.550.28 LF
Curb, .Gutter
3.73
2,052.54
Gardendale No. 1
1,890.12 SF
S/W
1.06
2,003,53
*Return on Holly Road
219.71 SY
D/W 3 -24'
14.16
3,111.09
5633 S. Staples
35', 20'
7,218.59
HOLLY ROAD
INTERSECTION
53
F. W. Heldenfels, et al.
743.88 LF
Curb, Gutter
3.73
2,774.67
FB & EF & GT Lot,8 Sec 4
2,887.52 SF
S/W
1.06
3,060.77
521 McBride Lane
43.88 SY
D/W 22'
14.16
621.34
6,456.78
54
M..J,. „Zerr-
431.12 LF
Curb, Gutter
3.73
1,608.08
Lot 8 Sec 4
1,724.48 SF
S/W
1.06
1,827.95
FBo& E x &3GT
0.00
D/W
14.16
0.00
3,436.03
55
Duaine -A. Davis
125.00 LF
Curb-Gutter
3.73
466.25
Staple Grove
440.00 SF
S/W 4'
1.06
466.40
5861 S. Stap. 78412
31.43 SY
D/W 15'
14.16
445.05
1,377:70`
56
Saratoga Land Company-
375.17 LF
Curb, Gutter
173
1,399.38
FB EF & GT Lot 9
1,500.68 SF
S/W
1.06
1,590.72
Logan Tract
0.00
DEW
14.16
0.00
2,990.10
57
Saratoga Land Co.
436.97 LF
Curb, Gutter
3.73
1,629.90
FB EF & GT Lot 9 Sec 4
1,747.88 SF
S/W 4'
1.06
1,852.75
Hawn Bldg
0.00 SY
D/W
14.16
0.00
3,482.65 -
817 Caranchua 78401
Page 7
ITFI
170.
OWNER AND
PROPERTY DESCRIPTION
Q7JA14PITY
ASSESSED
DESCRIPTION
or
ASSESS2'ffi�,,T
RATE
AUNT
TOTAL
A,ti:OUNT
ASSESSED
58
John D. Haan et al.
*493.49 LF
Curb, Gutter
3.73
1,840.72
FB ET & GT Lot 9 Sec 4
2,231.45 SF
5' S/W tied
1.06
2,365.34
c/o AVTC 835 Petroleem Tr
0.00 SY
D/W
14.16
0.00
4,206.06
*Return on Wooldridge Roa
WOOLDRIDGE
ROAD INTERSECTION
59
John D. Hawn et al.
*332.78 LF
Curb, Gutter
3.73
1.241.27
FB EF & GT Lot 24 Sec 4
1,331.12 SF
S/W 4'
1.06
1,410,99
C/o AVTC 835 Petroleum TR
0.00 SY
D/W
14.16
0.00
2,652.26
60
Saratoga Land Co.
1,479.35 IF
Curb, Gutter
3.73
5,517.98
FB EF & GT Lot 24 25 Sec 4
5,917.40 SF
S/W 4'
1.06
6,272.41_x;
11,790.42
Hawn .Bldg...78401
61
Country Club Assts.
499.93 IF
Curb, Gutter
3.73
1,864.74
Sec 2 Tract.G
1,796.72 SF
S/W 4' & HC
1.06
1,904.52
Country Club Estates
81.78 SY
DjW 2 -30'
14.16
1,158'.-00
4,927.26
c/o AVTC 835 Petroleum TR
F3 EF & GT Lot 25 Sec 4
62
Humble, Oil,& Ref. Co..
160.07 IF
Curbs Gutter
3.73
= 597.06
Sec 1 Tract G
800.35 SF
S/W 5' tied
1.96
848.37
0.00 SY
D/W
14.16"
0.00
1,445,43
FB EF & GT lot 25 see 4
Houston, Texas
SARATOGA BOULEVARD
"
End South
taples N/W Sid
TOTAL CONTRACT PRICE -$1,148,300.5
STATE PORTION
603,529.7
CITY'S PORTION
511,521.A
PRELIMINARY ASSESSHMS
160 673..50
NET CITY COST
$.,3502
".
J*
SECTION h. 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 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 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 & Physical
Development upon completion of said work on said street, and the findings of
the Director of Engineering & 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
-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: 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 ell 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. 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 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.
M.
3. 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
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REAL AND TRUE OWNER OR OWNERS OF SUCH PROPERTY WHETHER NAMED OR CORRECTLY
NAMED THEREIN OR NOTE 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 22, 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
SUCCESSORS AND ASSIGNSj BY THE SALE OF THE PROPERTY THEREIN DESCRIBED IN
THE MANNER PROVIDED FOR THE COLLECTION OF AD VALOREM TAXES AS ABOVE RECITED
OR BY SUIT IN ANY COURT HAVING JURISDICTION.
THAT SAID CERTIFICATES SHALL FURTHER RECITE IN EFFECT THAT ALL
THE PROCEEDINGS WITH REFERENCE TO MAKING SAID IMPROVEMENTS HAVE BEEN REGULARLY
HAD IN COMPLIANCE WITH THE LAW AND CHARTER IN FORCE IN SAID CITY AND
THE PROCEEDINGS OF SAID CITY COUNCIL OF SAID CITY, AND THAT ALL PREREQUISITES
TO THE FIXING OF THE ASSESSMENT LIEN AGAINST THE PROPERTY THEREIN DESCRIBED
OR ATTEMPTED TO BE DESCRIBED AND THE PERSONAL LIABILITY OF THE REAL AND
TRUE OWNER OR OWNERS THEREOF, EVIDENCED BY.SUCH CERTIFICATES HAVE BEEN
REGULARLY DONE AND PERFORMED WHICH RECITALS SHALL BE EVIDENCE OF ALL THE
MATTERS AND FACTS SO RECITED AND NO FURTHER PROOF THEREOF SHALL BE REQUIRED
IN ANY COURT.
THAT SAID CERTIFICATES SHALL FURTHER PROVIDE IN EFFECT THAT THE
CITY OF CORPUS CHRISTI, TEXAS, SHALL EXERCISE ALL OF ITS LAWFUL POWERS IN
THE ENFORCEMENT AND COLLECTION THEREOF AND SAID CERTIFICATES MAY CONTAIN
OTHER AND FURTHER RECITALS, PERTINENT AND APPROPRIATE THERETO. IT SHALL
NOT BE NECESSARY THAT SAID CERTIFICATES SHALL BE IN THE EXACT FORM AS ABOVE
SET FORTH, BUT THE SUBSTANCE AND EFFECT THEREOF SHALL SUFFICE.
SECTION 7. THAT ALL SUCH ASSESSMENTS LEVIED ARE A PERSONAL
LIABILITY AND CHARGE AGAINST THE REAL AND TRUE OWNER OR OWNERS OF THE PRO-
PERTY DESCRIBED, OR ATTEMPTED TO BE DESCRIBED, NOTWITHSTANDING SUCH OWNER
OR OWNERS MAY NOT BE NAMED OR CORRECTLY NAMED, AND ANY IRREGULARITY IN THE
NAME OF THE PROPERTY OWNER, OR THE DESCRIPTION OF ANY PROPERTY OR THE AMOUNT
OF ANY ASSESSMENTS OR IN ANY OTHER MATTER OR THING SHALL NOT IN ANYWISE
INVALIDATE OR IMPAIR ANY ASSESSMENT LEVIED HEREBY OR ANY CERTIFICATE ISSUED,
AND SUCH MISTAKE, OR ERRORS INVALIDITY OR IRREGULARITY WHETHER IN SUCH
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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 15 EXEMPT FROM THE LIEN OF SAID ASSESS-
MENT, SHALL IN NO WISE AFFECT OR IMPAIR THE VALIDITY OF ASSESSMENTS AGAINST
THE OTHER PARCELS OF PROPERTY ABUTTING UPON SAID STREET; AND THAT THE TOTAL
AMOUNTS ASSESSED AGAINST THE RESPECTIVE PARCELS OF PROPERTY ABUTTING UPON
SAID STREETS WITHIN THE LIMITS HEREIN DEFINED AND THE REAL AND TRUE OWNER
OR OWNERS THEREOF? ARE THE SAME ASS OR LESS THAN, THE ESTIMATE OF SAID
ASSESSMENT PREPARED BY THE DIRECTOR OF PUBLIC WORKS AND APPROVED AND ADOPTED
BY SAID CITY COUNCIL AND ARE IN ACCORDANCE WITH THE PROCEEDINGS OF SAID CITY
COUNCIL RELATIVE TO SAID IMPROVEMENTS AND ASSESSMENTS THEREOF AND WITH THE
TERMS, POWERS AND PROVISIONS OF SAID CHAPTER 106 OF THE ACTS OF THE FIRST-
- CALLED SESSION OF THE 40TH LEGISLATURE OF THE STATE OF TEXAS, KNOWN AS
ARTICLE 11056 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 .DAY OF
ATTEST:
CITY SECRETARY MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
APPROVED:
3 DAY OF &1 19741:
I' �L,1 CiTY ATTORNEY
Y ,`�
•
Corpus Christi, Texas
15,11— day of LA, , 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 meetings of the City Council; 1, therefore,
request that you suspend said Charter rule or requirement and pass this ordi-
nance finally on the date it is introduced, or at the present meeting of the
City Council.
Respectfully,
MAYOR
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.
J. Howard Stark
The above ordinance was passed
by the fol owing vote:
Jason Why
James T. Acuff
Rev. Harold T. Branch
Thomas V. Gonzales
Ricardo Gonzalez
Gabe Lozano, Sr.
J. Howard Stark