HomeMy WebLinkAbout12243 ORD - 08/28/1974i
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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:
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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
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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
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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 �
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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
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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
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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