Loading...
HomeMy WebLinkAbout12243 ORD - 08/28/1974i • AN ORDINANCE CLOSING THE HEARING ON STREET IMPROVEMENTS FOR THE FOLLOWING STREET: VIOLET ROAD (F.M. Hwy. 24) FROM LEOPARD STREET (LOOP 407) TO I.H. 37 ACCESS ROAD, AND DETERMINING THAT PROPERTY ABUTTING SAID STREET WILL BE SPECIFICALLY BENEFITED AND ENHANCED IN VALUE IN EXCESS OF THE COST OF THE IMPROVEMENTS; OMITTING THAT PORTION OF SIDEWALKS ALONG THE WEST SIDE ABUTTING PROPERTIES UNPLATTED AND RESIDENTIALLY ZONED, AND REDUCING THE ASSESSMENT RATES ON RESIDENTIALLY USED PROPERTIES ON THE EAST SIDE TO $7.67 PER LINEAR FOOT FOR CURBS, GUTTER AND SIDEWALKS, AND LEVYING AN ASSESS- MENT; FIXING A LIEN AND CHARGE, THE MANNER AND TIME OF PAYMENT AND COLLECTION; AND DECLARING AN EMERGENCY. WHEREAS, the City Council of the City of Corpus Christi, Texas by duly Enacted ordinance passed and approved on the 3rd day of ,Llj_191 determined the necessity for, and ordered the improvement of the following street: Violet Road (FM Hwy. 24) from Leopard Street (Loop 407) to I. H. 37 Access Road, in the manner and according to the plans and specifications heretofore approved and adopted by the City Council by ordinance dated July 3, 1974 a duly executed notice of said ordinance having been filed in the name of the City with the County Clerk of Nueces County, Texas; and WHEREAS, the said City Council has caused the Director of Engineering 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 por- tion of the aforesaid streets within the limit herein defined, to be improved, and 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 12243 WHEREAS, said City Council, by duly enacted ordinance dated July 3. 1974 , did determine the necessity of levying an assessment for that portion of the cost of constructing said improvements on the above named streets, within the limits herein defined, to be paid by the abutting property and the real and true owners thereof, and by ordinance dated July 3, 1974 did order and set a hearing to be held at 3:00 , on the 7th day of August 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 owners thereof, and as to the special benefits to accrue to said abutting property by virtue of said improvements, if any, or concerning any error, invalidity, irregularity or deficiency in any proceedings, or contract, to appear and be heard in person or by counsel and offer evidence in reference to said matters; and the City Council did by said ordinance order and direct the City to give notice of said hearing to the owners abutting upon said street as shown by the current ad valorem tax roll by mailing such notice to such owners and publishing said notice at least three times in the Corpus Christi Times before the date of the hearing, such notice of mail and by publication being in compliance with the provisions of Article 1105b of Vernon's Annotated Civil Statutes of Texas; and WHEREAS, such notice was given said owners of property as shown on the current ad valorem tax roll within the limits of the street being improved by mailing such notice at least fourteen (14) days prior to the hearing to such owners and by publishing three times notice of such hearing in the Corpus Christi Times, the first of which publication was at least twenty -one (21) days prior to the date of -2- said hearing; both forms of notice being in compliance with and contain- ing the information required by Article 1105b, Vernon's Annotated Civil Statutes; and WHEREAS, after due, regular and proper notice thereof, all as provided by law and the Charter of the City of Corpus Christi, said hearing of which notice was given, was opened and held on August 7, 1974 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- Wnutes • Regular Council Meeting August 7, 1974 Page 7 afford special police protection to any person, public or private, whose life is seriousl reatened with asonable probability of the threat eventuating. ion by Acuff, seconded by Branch and passed, Luby voti "Nay" on Item "I ", that the City Manager's orts, Items "a" through "p" be accepted, nd the requests and recommendations be granted, adopted and a roved, as presented by City nager Townsend. City Manager Townse presented the pe ing item of Zoning Application 14274 -3, for change of zoning from "R -1 B" to "R- ' loca on the east side of Cheyenne Street between Navajo and Chippewa Street, on which p blic hearing was held by the Council March 27, 1974 and a special permit approved fo n additional o -story living unit to the rear of the existing single- family residential s ucture, subject to an appr ved site plan. He stated the site plan had been submitted a eets all minimum requirements of the -2" district and is acceptable. �b. n by Stark, seconded by Acuff and passed, that t site plan be approved and that an rdinance brought forward effectuating the special permit. Mayor Lu6y announced the scheduled public hearing on paving assessments on Violet Road, from Leopard Street to I.H. 37 Access Road. City Manager Townsend explained that the improvement of Violet Road was a joint agreement between the State Highway Department and the City and had been under discussion for some time; that the agreement provides for joint usage of utilities and permits the City the use of the right of way in Farm to Market Road (Highway 24). Assistant City Attorney Jerry Benodum stated the purpose of the hearing is to comply with the Charter and State Statutes regarding paving assessments; that testimony will be offered from the Director of Engineering and Physical Development and evaluation testimony from a real estate appraiser to substantiate the assessments which appear on the preliminary assessment roll, and that the hearing is to form a basis on which the City Council, acting as a legislative body, would determine and establish the assessments on the abutting properties. Gerald Smith, Chief Engineer, was interrogated as to his identity, occupation, time of residence in the City, formal education and qualifications as an engineer and his familiarity with the subject project. He stated a resume of his qualifications was on file in the office of the City Secretary, accepted without question. He presented the plans and specifications, explained the nature and extent of the improvements, and pointed out the location of the portion to be improved, being Violet Road from Leopard Street (Loop 407) to I. H. 37 Access Road. He explained that the Minutes • Regular Council Meeting August 7, 1974 Page 8 project involved 18 parcels of land, is a joint project with the State Highway Department, and is the result of bonds voted in February of 1970. He stated that the Highway Department had prepared drawings and had received bids on the project on June 24, 1974, and based on the low bid of Heldenfels Brothers and in accordance with the special assessment policy approved by the City Council, the assessment rates have been calculated as follows: Curb & gutter, .$4.15 per linear foot; sidewalk, $1.30 per square foot; and driveways, $17.57 per square yard. The total cost of the project is $184,489.20; state's portion, $96,779.15; City's portion, $87,710.05; preliminary assessments, $27,066.42, with a net cost to the City of $60,643.63. He explained that the improvements will consist of pavement in accordance with the State's plans, the pavement portion costs of the project to be the responsibility of the State, the drainage, right of way, and utilities will be that of the City. Mr. Smith explained that the project will be constructed to provide two moving lanes in each direction with no parking permitted on either side; sidewalks to be constructed on both sides of the streets the entire length of the project; and driveways to be constructed where requested. He stated the construction is anticipated to begin on August 19, 1974, and explained provisions for payment. Mr. Clyde Teague, superintendent of Calallen School, 11134 Birdwood Lane (Item 014), spoke in opposition to the construction of curb, gutters, and sidewalks. He stated he is not an official spokesman for all the abutting property owners but had contacted all but one, and all had concurred that the sidewalks, curb and gutters were not needed. He explained that the opposition to the sidewalks is based on lack of pedestrian traffic on Violet Road because they lead to nowhere. He pointed out that an idential situation existed when McKenzie Road was improved and the side- walks had been deleted and the need was greater on McKenzie Road than on Violet Road. He further stated that the drainage on Violet Road is exceptionally good, and questioned the necessity of this improvement. He stated he could not see where curb, gutters and sidewalks would improve his property in the amount of the assessment of $678.24. He requested that the Council take into consideration his objections to the sidewalks, curb and gutters, as well as all other abutting propery owners' objections. Commissioner Stark commented that McKenzie Road improvements was not a bond funded project, was only interim repair work, and the matter of curb and gutters and sidewalks had not been finally settled. Mr. Ray Ridgway, 537 Parade, questioned whether or not Mr. Teague and all other *inutes • Regular Council Meeting August 7, 1974 Page 9 property owners, had been given an opportunity to present objections before the City Council before negotiations had been made with the Highway Department and before the contract had been awarded. City Manager Townsend explained that this hearing was the proper forum for property owners to express their objections. Mr. and Mrs. Oscar Striznek, 11161 Jackson Terrace (Item X17), spoke in opposition to the construction of sidewalks, stating Violet Road was very narrow, needs widening, but the amount of pedestrian traffic does not warrant this expense. They stated they preferred the suburban look which sidewalks, curb and gutters would destroy. Mr. Jim Naismith, 11153, Jackson Terrace, stated he felt the construction of the proposed 5 -foot sidewalk along the east curb line would greatly increase the safety of pedestrian and bicycle traffic on Violet Road on the basis that children do use this roadway to go to and from Jackson Woods area or to the neighborhood stores and the park. Also, the school buses stop to pick up and discharge passengers at various points along this street. He stated he felt it would be a serious mistake to consider eliminating the sidewalk improvements from which the entire neighbor- hood would benefit. He stated the lots siding on Violet Road would benefit only to a minor degree and some means should be found to distribute the cost to those benefitting. Mr. Naismith presented his statement in writing. Mr. Oran H. Williams, 11160 Jackson Terrace (item 918), spoke in opposition to the construction of sidewalks, stating that it would lead to a narrow bridge where there is heavy traffic and create a hazardous situation. He stated his lot is irregularly shaped on the comer and is being assessed an additional 21 linear feet around the corner. He complained that the entire City voted for the bonds, but only the abutting property owners will have to pay. He inquired if a retaining wall will be constructed and maintained to prevent erosion to the curbs and sidewalks. Mr. Elbert D. Roberts, 4427 Violet Road (Item 03), stated he is opposed to the construc- tion of sidewalks, but would be benefitted by the proposed drainage. He complained that he would lose several trees. He stated he did not feel the general public should be allowed to vote bonds to improve other people's property. He invited the Council to make on on -the- ground investigation of the pedestrian traffic on Violet Road. Mr. Gerald Smith explained that the property owners are only being assessed 50 percent of a four -foot sidewalk. He stated retaining walls are to be constructed at six different locations to protect the improvements and the properties and that this is being done entirely at the City's r � Minutes • Regular Council Meeting August 7, 1974 Page 10 expense. He stated that to his knowledge there is no other way other than Violet Road for school children to reach the school in the area. He also stated it is not feasible, without a complete redesign of the project, to construct storm sewers with the exclusion of curb and gutters, that ditches would have to be excavated, and the limited width of the right of way would present a problem. He also pointed out that since there is to be four lanes of moving traffic with no parking, there would be no place for pedestrians to walk without the sidewalk. Mr. Harold Carr testified as to his identity, time of residence in the City, occupation, experience as a real estate 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 as an appraiser, without objection. He stated he had, within the last week, personally examined each parcel of land involved in this project with the view to the evaluation in relation to the assessments, and in his opinion, each and every one of the 18 parcels, as described on the preliminary assessment roll, would be enhanced in value as a result of the proposed improvements at least to the amount of said assessments. He described Violet Road as being a very narrow street with heavy traffic, ditches on the sides and embankments, is hazardous and definitely needs the proposed improvements. He stated he felt if the sidewalks were constructed the sidewalks would be used by school children as well as adults. He further expressed the opinion that City streets should not remain rural but should become a part of the development within the City. Some doubt was expressed by members of the Council as to the need for the sidewalks and whether or not the property owners should be assessed for a facility they do not want. Also it was suggested that perhaps the sidewalks would only be needed on one side of the street. City Manager Townsend commented that there had been much dialogue as to the need for sidewalks, but that there is no place in the City where abutting property owners on arterial streets would vote for sidewalks. He pointed out that sidewalks on major thoroughfares without parking lanes is a safety measure. The City Manager read to the Council Proposition Number 6 of the December, 1972 Bond Election whereby this Street Improvement Proposition stated, relative to Violet Road and the other named streets "...Violet Road... neighborhood streets and sidewalks, and other street and sidewalk improvements;..." Mrs. Peggy Williams, 11160 Jackson Terrace (Item 118) stated she objected to being assessed for the additional 21 feet of curved area around the comer of her property and was also *Minutes l • Regular Council Meeting August 7, 1974 Page 11 opposed to the installation of sidewalks. Mr. Gerald Smith testified further that the installation of sidewalks, especially when tied to the curb as is proposed in this project, would reduce erosion along the curb, help prevent water from getting under the pavement, and thereby lengthen the life of the improvements. No one else appeared to speak relative to the proposed assessments. Motion by Stark, seconded by Acuff and passed, that the hearing be closed. Mayor Pro Tem Acuff stated he was not satisfied that the sidewalks on Violet Road are in fact needed, and would suggest that a determination be made as to what the deductions would be if this portion of the improvements were deleted. City Manager Townsend stated that a change in the minute order would have to be obtained from the Highway Department. A representative of the Highway Department stated this process would take approximately four weeks. Mr. Gerald Smith stated the results of the Highway Department's determination would be mailed to each of the 18 abutting property owners. Letters in opposition to the construction of sidewalks on Violet Road were filed by Mr. and Mrs. Jack A. Deer, 11150 Forest Hill (Item 016), and Mr. Caryl E. Lewis, 4553 Violet Road (Item 07 and 08). There being no further testimony offered or any further parties appearing to be heard, upon proper motion, duly seconded and unanimously carried, the said hearing was declared closed; and WHEREAS, no further parties appearing and no further testimony being offered as to the special benefits in relation to the enhanced value of said abutting property as compared to cost of the improvements of said portion of said streets proposed to be assessed against said property, or as to any errors, invalidities or irregularities, in the proceeding or contract heretofore had in reference to the portions of said streets to be improved; and WHEREAS, said City Council has heard evidence as to the special benefits and enhanced value to accrue to said abutting property, and the real and true owner or owners thereof, as compared with the cost of making said improvements on said streets within the limits above defined, and has heard all parties appearing and offering testimony, together with all pro- tests and objections relative to such matters and as to any errors, invalidi- ties or irregularities in any of the proceedings and contract for said im- provements, and has given a full and fair hearing to all parties making or desiring to make any such protest, objection or offer testimony and has fully examined and considered all evidence, matters, objections and protests offered and based upon said evidence, testimony and statements, said City Council finds that each and every parcel of property abutting upon the portion of the streets aforesaid within the limits to be improved as herein defined, will be enhanced in value and specially benefited by the construc- tion of said improvements upon the said streets upon which said property abuts, in an amount in excess of the amount of the cost of said improvements proposed to be, and as hereinbelow assessed against each and every said parcel of abutting property, and the real and true owners thereof, and said City Council did consider and correct all errors, invalidities or deficiencies called to its attention and did find that all proceedings and contracts were proper and in accordance with the Charter of said City and the laws of the State of Texas, under which those proceedings were being had, and the pro- ceedings of said City Council heretofore had with reference to such 4 • • r improvements, and in all respects to be valid and regular; and said City Council did further find upon said evidence that the assessments herein - below 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 assessment roll included in this ordinance. Novi, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS; SECTION 1. That there being no further protest or testimony for or against said improvements, said hearing granted to the real and true owners of abutting property on said streets, within the limits above defined, and to all persons, firms, corporations and estates, owning or claiming same or any interest therein, be and the same is hereby closed and all protests and objections, whether specifically mentioned or not, shall be, and the same are hereby overruled and denied. SECTION 2. That said City Council hereby finds and determines upon the evidence heard in reference to each and every parcel or property abutting upon the aforesaid streets, within the limits defined, that the special benefits in the enhanced value to accrue to said property and the real and true owner or owners thereof, by virtue to 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 5 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 had with reference to said improvements are in all respects regular, proper and valid, and that all prerequisites to the fixing of the assessment liens against said abutting properties, as hereinabove described and the personal liability of the real and true owner or owners thereof, whether named or correctly named herein or not, have been in all things regularly had and performed in compliance with the law, Charter provisions and proceedings of the said City Council. SECTION 3. That in pursuance of said ordinances, duly enacted by said City Council, authorizing and ordering the improvements of the above described street, within the limits defined, and in pursuance of said proceedings heretofore had and enacted by said City Council, in reference to said improvements and by virtue of the powers vested in said City with respect to said street improvements by the laws of the State of Texas and the Charter of said City, with particular reference to Chapter 106 of the Acts of the First Called Session of the 40th Legislature of the State of Texas, known and shown as Article 1105b of Vernon's Annotated Civil Statutes of Texas, as amended, there shall be, and is hereby levied, assessed and taxed against the respective parcels or property abutting upon said portion of said streets, and against the real and true owners thereof, whether such real and true owner or owners be named or correctly named herein or not, the several sums of money hereinbelow mentioned and itemized opposite the description of the respective parcels of said property, the number of front feet of each and the several amounts assessed against same and the real and true owner or owners thereof, and names of the apparent owners thereof, all as corrected and adjusted by said City Council, being as follows, to -wit: 6 AUGUST 21, 1974 CORRECTED PRELIMINARY ASSESSMENT ROLL VIOLET ROAD (F. M. Highway 24) From Leopard Street (Loop 407) to I.H. 37 Access Road This project is titled as the Violet Road Improvement Project, from Leopard Street to I.R. 37 Access Road and is designated as F. M. 24. This improvement will consist of excavation to permit the construction of pavement in accordance with the State Highway Department Plans, the construction of 6" standard curb and gutters, with 5' wide, tied to back of curb sidewalks. Six inch thick reinforced concrete driveways where specified or requested by the abutting owners. In certain areas header curbs will be installed to prevent erosion. The pavement portion costs of the project will be the respon- sibility of the State of Texas, the drainage, right -of -way, utilities and concrete work will be that of the City of Corpus Christi. The rates for calculating the assessments to the abutting property owners are as follows: Curb & Gutter 4.15 p. L.F. Sidewalk 1.30 P. S.F. R -1 Zoned Curb & Gutter 1.67 p. L.E. & Sidewalk Driveway $17.57 P. S.Y. * By Council Action 8/21/74 Total Contract Price f184,489.20 State Portion 96,779.15 City's Portion 87,710.05 Preliminary Assessment 20,447-59 Net City Cost 67,2i62.46 rPhysical Lont , P.E. of Engineering & Development dm 3- Box 330 % C.P. Pugh *Omitted by Council Action Elbert D. Roberts A Portion of Lots 8 & 9 Shell RoadPoultry Acres Route 2, Box 330_ *Omitted by Council. Action Roy Dugger Est. 2.69 Acres out of Tract 10, Shell Road Poultry Acres C. P. Pugh Box 330 78408 *Omitted by Council Action M.L. Campbell Lot 1 Shell Road Poultry -Acres Rt. 2, Box 296 M. L. Campbell Lot 2 Shell Road Poultry. Acres Rt. 2, Box 296 *Omitted by Council Action 165.00 L.F *596.00 S.F 13.57 s.Y 394.55 L.F *1578.20 S.F. -0- 247.00_L.F 988.00 S.F -0- 240.00 L.P *920.00 S.F 9.24 S.Y Curb & Gutter Sidewalk Driveway 16' Curb & Gutter Sidewalk Driveway Curb & Gutter Sidewalk Driveway Curb & Gutter Sidewalk Driveway 10' 4.15 1.30 17.57 4.15 1.30 17.57 4.15 1.30 17.57 4.15 1.30 17.57 599.27 684.75. * -0- 238.42 923.17 1637.38 . * -0- -0- 1637.38 1025.05 * -0- -0- 996.00 * -0- 162.35 1025.05 1158.35 Page_ ITEM OWNER AND NO. PROPERTY DESCRIPTION QUANTITY DESCRIPTION ASSESSED TOTAL OF ASSESSMENT RATE AMOUNT AMOUNT ASSESSED VIOLET ROAD F. M. H ghwa. 24) From Leop Street Loo 07 to I.H. 37 Beg' ing at Leopar Street Northwest Side 1. R. D. Dickson Lot 1, Blk 9 116.99 L.F. Curb & Gutter 4.15 485.51 Shell Road Pultry Acres 584.95 S.F. Sidewalk 1.30 760.44. 4729 Highway 9 _0_ Driveway 17.57 -0 -. 1245.95 2. Robert Garcia A portion of land out 90,00 L.P. Curb & Gutter *300.00 4.1 5 373.50 of Blk 9, Shell Road Poult S.F. Sidewalk 12 85 S.Y. Driveway 1.30 Acres.' 15' 17,57 225,77 3- Box 330 % C.P. Pugh *Omitted by Council Action Elbert D. Roberts A Portion of Lots 8 & 9 Shell RoadPoultry Acres Route 2, Box 330_ *Omitted by Council. Action Roy Dugger Est. 2.69 Acres out of Tract 10, Shell Road Poultry Acres C. P. Pugh Box 330 78408 *Omitted by Council Action M.L. Campbell Lot 1 Shell Road Poultry -Acres Rt. 2, Box 296 M. L. Campbell Lot 2 Shell Road Poultry. Acres Rt. 2, Box 296 *Omitted by Council Action 165.00 L.F *596.00 S.F 13.57 s.Y 394.55 L.F *1578.20 S.F. -0- 247.00_L.F 988.00 S.F -0- 240.00 L.P *920.00 S.F 9.24 S.Y Curb & Gutter Sidewalk Driveway 16' Curb & Gutter Sidewalk Driveway Curb & Gutter Sidewalk Driveway Curb & Gutter Sidewalk Driveway 10' 4.15 1.30 17.57 4.15 1.30 17.57 4.15 1.30 17.57 4.15 1.30 17.57 599.27 684.75. * -0- 238.42 923.17 1637.38 . * -0- -0- 1637.38 1025.05 * -0- -0- 996.00 * -0- 162.35 1025.05 1158.35 OWNER AND PROPERTY DESCRIPTION Caryl Lewis Lot 3, Blk 1 Shell Road Poultry Acres Box 10530, C.C. TX 78410 Caryl Lewis Lot 2, Blk 1 Shell Road Poultry Acres Box 10530, C.C., TX 78410 Exxon Corp.' Lot 1, Blk 1 Shell Road Poultry . Acres V. L. Windlinger' P. 0. Box 53 Houston, Texas 77001 QUANTITY ASSESSED 13.11L.F. 65.55S.F. -0- S.F. 35.45L.F. +2.24S.F. +6.34S.Y. "."L .F. 12.85S.F. 17.31S.Y. Page • DESCRIPTION TOTAL - OF RATE AMOUNT AMOUNT ASSESSMENT ASSESSED Curb & Cuttez 4.15 469.41 Sidewalk 1.30 735.22 Driveway 17.57 -0- 1204.63 Curb & Gutte 4.15 562.12 Sidewalk 1.30 704.93 Driveway (16'17)17.57 814.19 2081.24 Curb & Gutte 4.15 487.91 Sidewalk 1.30 536.71 Driveway 35" 17.57 1358.34 I. H. 37 INTERS CTION End N/W Sid VIOLET GAD (F.M. Hi hway 24) From Leopar Street (Loo 407) to I.H. 17 Begin ling at Leopa d Street orth -East Si e D. W. Grant Estate. 377.50L.F. Curb & Gutte: 4.15 Jackson Place Anuex 1887.50S.F. Sidewalk 1.30 3510 Leopard A. Verchal Mellard, Jr. F. _ 8.00L.F. Curb & Gutte .4.15 Lot 1, Blk 4 S. 134.69L.F. Curb & Gutte 3.84 Jackson Place * 134.69L.F. Sidewalk _0- 10409 Gettysburg,78410 -0- S.Y. Driveway 17.57 *Includes Return.on Timb rgrove TIMB RGROVE JANE NT. Aurora Barren F. 8.00L.F. Curb & Gutte 4.15 Lot 15, Blk 3 S. 115.00L.F. Curb & Cutte 3.84 (1313 Main Dr.) 11134 Ti *115.00L.F. Sidewalk -0- bergrove, Jackson Place -0- S.Y. Driveway 17.57 *Includes Return on Timb rgrove 1567.41 2453.75 33.20 517.21 -0- -0- 33.20 441.60 -0- -0- 2382.96 4021.16 550.41 474.80 Page 3 ITEM NO. OWNER AND PROPERTY DESCRIPTION QUANTITY DESCRIPTION ASSESSED OF RATE AMOUNT TOTAL AMOUNT ASSESSMENT ASSESSED 13. Charles Rhosack, etux F. 14.00L.F Lot 1, Blk 3 Curb & Gutter 121.55L 4.15 58.10 Jackson Place .F Curb & Gutter 121.55L.F 3.84 466.75 11129 Birdwood Lane Sidewalk -0- -0- *Includes Return on Birdwood -0 _ S.Y Driveway 17.57 -0- **Reduced by Council Acti n 524.85 BI WOOD LANE IN RSECTION 14- Clyde Teague Lot 19, Blk 2 F. 14.00L.F Curb & Gutter 4.15 58.10 Jackson Place 132.51L.F Curb & Gutter 3.84 ** 132.51L.F 508.80 11134 Birdwood 78410 Sidewalk -0- -0- _0_ *Includes Return on Bird ood S.Y Driveway 17,57 _0- **Reduced by Council Acti n 566:90 15. William K. Kadanka F. 14.00L.F Curb Lot 1, Blk 2 & Gutter 129.79 L. 4.15 58.10 Jackson Place 937 .Curb & Gutter ** 129.76L.F. Sidewalk 3.84 498'39 Acacia 784pg- � *Includes Return _ Driveway -0_ 17.57 _0_ on Forr st gill Lane * *Reduced by Council Acti n -0 -. 556.49 FOREST HILL NE 16. Jack A. Deer Lot 1; Blk 1 F. 8.00L.F. Curb & Gutter 33.20 Jackson Place 104.15L.F. Curb & Gutter ��* 104.15L-F. 3.8 399.94 4841' Karchmer 78415 Sidewalk -0- -0- *Includes *Includes Return on For _ t -0 S.Y. Driveway Hill Lane 17 57 -0- by Council Acti n 433:14 17• Oscar Strzinek Lot 27, Blk 1 F. 7.00L.F. Curb & Gut ter 4.15 29.05 Jackson Terrace 135.00L.F. Curb & Gutter 135.00L.F. 3.84 518.40 11161 Jackson Terrace Sidewalk -0- -0- I *ncludes Return on Jac -0- S.Y. Driveway on Terrace 17.57 -0- 547.45 JACKS TERRACE I RSECTION 18. Oran H. Williams F. Lot 1, Blk 1 7,00 L.F. Curb & Gutter 4.15 S. Jackson Terrace * 136.03 L.F. Curb & Gutter 775.00 2.08 2 9 05 282.94 11160 Jackson Terrace L.F. Sidewalk 1.76 202.40 -0- S.Y. Driveway 17.57 -0- 514.39 ITEM I AND NO. PROPERTY DESCRIPTION Total Contract Priee State Portion City's Portion Preliminary Assassments Net City Cost QUANTITY I DESCRIPTION ASSESSED OF ASSESSMENT LH, 37 RSEC End N/E Si e End Violet R ad (F.M. Highwa 24) 184,489.20 °0,779.15 87,7io.o5 20, 4z�7.59 $ 60,262.4& Page —Ap- RATE I AMOUNT TOTAL AMOUNT ASSESSED SECTION 4. Be it further ordained that in the event the actual frontage of any property herein assessed shall be found upon the completion of said improvements to be greater or less than the number of feet herein- above stated, the assessments herein set against any such property and against the real and true owner or owners thereof, shall be, and the same are hereby declared to be increased or decreased as the case may be, in the proportion which said excess or deficiency or frontage shall bear to the whole number of 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'shereby 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.sai.d 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 7 Section 4 thereof, together with interest thereon at the rate of five and one - quarter (5 1/47) per annum with reasonable attorney's fee and all costs and expenses of collection, if incurred, are hereby de- clared 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: , 'T_ yIr 1 q7 and a personal liability and charge against the real and true owner or owners.be named or correctly named herein, and that said lien shall be and constitute the first and prior enforceable claim against the property assessed and shall be a first and paramount lien superior to all other liens, claims or title, except for lawful ad valorem taxes; and that the same so assessed shall be paid and become payable in one of the following methods at the option of the property owner: le All in cash within 30 days after completion or acceptance by i 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 comple- tion of said improvement, and the acceptance thereof by the City, and the balance to be paid in 59 equal consecutive monthly installments commencing on the 1st day of the next succeeding month and continuing thereafter on the 1st day of 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 -forth percent (5 1/47) per annum; provided, however, that the owners of said property availing themselves of Option "2" or "3" above shall have the privilege of paying one, or 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, 3. The total number of monthly installments on owner occupied property may be extended beyond sixty (60) in number so that, 8 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 some 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- •rates 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 Nayor 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 evidence thereby shall at once become due and payable, and shall be collectible with reasonable attroney's fees and all expenses and costs of collection, if incurred, and said certificate shall set forth and evidence the personal liability of the real and true owner or owners of such property, whether named or correctly named therein or not, and the lien upon such property, and that said lien is first and paramount thereon, superior to all other liens, titles and charges, except for lawful ad valorem taxes, from and after the date said 9 improvements were ordered by said City Council, to -wit: July 3, 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 assigns, by the sale of the property therein described in the manner provided for the collection of ad valorem taxes as above recited, or by suit in any Court having jurisdiction. That said certificates shall further recite in effect that all the proceedings with reference to making said improvements have been regularly had in compliance with the law and Charter in force in said City and the proceedings of said City Council of said City, and that all prerequisites to the fixing of the assessment lien against the property therein described, or attempted to be described, and the personal liability of the real and true owner or owners thereof, evidence 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 maj not be named or correctly named, and any irregularity in the name,:of the property owner, or the description of any property or the amount of any assessment, or in any other matter or thing shall not in anywise invalidate or impair any assessment levied hereby or any certificate issued, and such mistake, or error, invalidity or irregularity whether in such 10 0 assessment or in the certificate issued in evidence thereof, may be, but is not required to be, to be enforceable, at any time corrected by the said City Council of the City of Corpus Christi. Further that the omission of said improvements in front of any part or parcel of property abutting upon the aforementioned streets, which is exempt from the lien of said assess- ment, shall in no wise affect or impair the validity of assessments against the other parcels of property abutting upon said street; and that the total amounts assessed against the respective parcels of property abutting upon said streets within the limits herein defined and the real and true owner or owners thereof, are the same..as, or less than,the estimate of said assessment prepared by the Director of Engineering and Physical Development and approved and adopted by the City Council and are in accordance with the proceedings of said City Council relative to said improvements and assess- ments thereof, and with the terms, powers and provisions of said Chapter 106 of the Acts of the First Called Session of the 40th Legislature of the State of Texas, known as Article 1105b of Vernon's Annotated Civil Statutes of Texas and the Charter of the City of Corpus Christi, Texas, under which terms, powers and provisions said proceedings, said improvements and assess- ments 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 -11- 0 1 and take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the -21 of ATTEST: Secretary Ci ry APPROVED: j_IXDAY OF 19 y At orney Qv TY OF CORY CHRISTI, TEXAS U Corpus Christi, Texas a0aday of , 19 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, a public emergency and imperative necessity exist for the suspen- sion of the Charter rule or requirement that no ordinance or resolution shall be passed finally on the date it is introduced, and that such ordinance or resolution shall be read at three meetings of the City Council; I, therefore, request that you suspend said Charter rule or requirement and pass this ordi- nance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, MAYOR ITY OF CORPUS CHVISTI, TEXAS The Charter rule was suspended by the following vote: Jason Luby AZa4 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 following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark