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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 -5- HAD WITH REFERENCE TO SAID IMPROVEMENTS ARE IN ALL RESPECTS REGULARS PROPER AND VALID, AND THAT ALL PREREQUISITES TO THE FIXING OF THE ASSESSMENT LIENS AGAINST SAID ABUTTING PROPERTIES, AS HEREINABOVE DESCRIBED AND THE PERSONAL LIABILITY OF THE REAL AND TRUE OWNER OR OWNERS THEREOF, WHETHER NAMED OR CORRECTLY NAMED HEREIN OR NOTE HAVE BEEN IN ALL THINGS REGULARLY HAD AND PERFORMED IN COMPLIANCE WITH THE LAWS CHARTER PROVISIONS AND PROCEEDINGS OF THE SAID CITY COUNCIL, SECTION 3. THAT IN PURSUANCE OF SAID ORDINANCES, DULY ENACTED BY SAID CITY COUNCILS AUTHORIZING AND ORDERING THE IMPROVEMENTS OF THE ABOVE DESCRIBED 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: -6- 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 -9- • 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 _1C- • 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