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HomeMy WebLinkAbout13025 ORD - 02/11/1976• ikh:2- 10 -76; 1st 0 AN ORDINANCE CLOSING THE HEARING ON STREET IMPROVEMENTS FOR THE FOLLOWING STREET: PALOMA STREET, FROM OCEAN DRIVE TO JARVIS DRIVE, AND 172 FEET SOUTH OF JARVIS DRIVE TO 290 FEET NORTH OF ALA14EDA STREET; AND FINDING AND DETERMINING THAT PROPERTY ABUTTING SAID STREET WILL BE SPECIFICALLY BENEFITED AND ENHANCED IN VALUE IN EXCESS OF COST OF THE IMPROVE- MENTS AND LEVYING AN ASSESSMENT; FIXING A LIEN AND CHARGE, THE MANNER AND TIME OF PAYMENT AND COLLECTION; AND DECLARING AN EMERGENCY, WHEREAS, the City Council of the City of Corpus Christi, Texas by duly enacted ordinance passed and approved on the 31St day of December, 1975 determined the necessity for, and ordered the improvement of the following" street- Paloma Street, from Ocean Drive to Jarvis Drive, and 172 feet south of Jarvis Drive to 290 feet north of Alameda Street, in the manner and according to the plans and specifications heretofore approved 'and adopted by the City Council by ordinance dated December 31, 1975 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, said City Council of the City of,Corpus Christi, Texas, after having advertised for and received bids on the construction of said improvements for the length of time and in the manner and form as required by the Charter of said City and the laws of the State of Texas, and after having duly and regularly made appropriation of funds available for such purpose to cover the estimated cost of said improvements to said City, all as provided by the Corpus Christi City Charter and by law, did award a contract for the construction of said improvements to their lowest and most 13023 advantageous bid and said contract has been awarded to Asphalt Maintenance Co. as authorized by Ordinance No. , dated February 11,1976 , and the performance bond required by said contract has been properly furnished by said Contractor and accepted by the said City Council of said City as to form and amount as required by the Charter of said City and the laws of the State of Texas; and 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 WHEREAS, said city Council, by duly enacted ordinance dated DPremhF-t_3!_j2Zj, 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 December 31, 1975 did order and set a hearing to be held at 300 P.M on the 4th day of February 1976 , 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 2 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 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 February 4, 1976 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 Res • Regular Council Meeting February 4, 1976 Page 10 __ Qmmisdoner de Ases inquired if the Staff could compile a list of neighborhood improveTpP*- type projects in p in the City now, so it can be ascertained who wll be able qualify for the loans. Cify Manager Townse esponded that it is the Staff's int attempt to qualify every project and every place where people are vo rily im rng their streets; that they will look at Community Development projects for the I o years an t improvements for the last decade. Motion by Lozano, se ed by Sample and passed -_w. Tipton d Gulley voting No on Item "h ", and Mayor y abstaining on Item "j" --that the City Manager's Reports be gro d, approved as presented by City Manager Townsend. Mayor Luby announced the scheduled public hearing on the preliminary assessment roll for the Paloma Street improvements from Ocean Drive to Jarvis Drive, and 172' south of Jarvis Drive to 290' north of Alameda Street. Assistant City Attorney Charles DuBois questioned Director of Engineering and Physical Develop- ment James Lontos as to his qualifications; a formal resume of his qualifications was offered into evidence and is on file in the City Secretary's office, and incorporated herein by reference, the same as if written herein. Mr. Lantos explained the project, which involves excavation to a width and depth to permit the construction of curbs, gutters, sidewalks and driveways, on a low bid submitted by Asphalt Maintenance Company. He reviewed the assessment rates for the project per square foot and per linear foot,aid stated that the total contract price would be $72,532.10, the total preliminary assessments would be $34,921.27, and the net cost to the City would be $37,610.83. He continued that the project should begin within two to three weeks; that the contractor has 90 working days in which to complete it, which he estimated to be in May or early June; he explained that the assessments would become due within 30 days of completion, and outlined the terms of payment. Assistant City Attorney DuBois questioned real estate dealer and appraiser Harold A. Carr as to his qualifications; a formal resume of his qualifications was offered into evidence and is on file in the City Secretary's office, and incorporated herein by reference, the some as if written herein. Mr. Carr stated he had examined each and every parcel of land involved in the project; that he had found no irregular- shaped lots; and that in his opinion each piece of property on the assessment roll would be enhanced in value at least to the extent of the individual assessment. Mr. W. J. Beck appeared before the Council to explain that he owns Lots 9A & B, and that according to the plans there is to be one 10' driveway and one 25' driveway on those properties. Mr. Lantos explained that the existing driveway is 10'; and that the Staff was trying to match what is actually �es • Regular Council Meeting February 4, 1976 Page II there on the other property for the 25' driveway. Mr. Beck replied that he only wanted the other driveway to be 20'; the Staff agreed. Mr. Lee Carsons, a resident on Paloma Street, informed the Council and Staff that the small portion of Paloma Street on the other side of Ocean Drive toward the bay is +"a mudhole ", and requested that it also be paved at this time. He stated that a couple years ago a contractor had dumped some rocks out in that area, and that children go swimming there; that it is a safety hazard. Mr. Lontos replied that the Staff would be happy to check into it. Mr. B. N. McDonald, owner of Lot 22, pointed out that there are some large date palm trees adjacent to his property offsetting the sidewalk; he asked what the City plans to do with them in this construction project, as they are too big to replant. Mr. Lontos responded that a City inspector had just recently talked to the adjacent property owner concerning the trees, but that he did not know as yet what had been resolved; that the Staff will work with al I parties involved and try to come up with an acceptable solution. Mr. McDonald also mentioned a drainage problem on Monette; that the water runs downhill into his front yard and into a neighbor's house. Mr. Lontos replied that the Staff would Icok into the matter. Mr. Guy 1. Warren, owner of Lot 1, questioned the need for 5' sidewalks in front of his properly. Mr. Lontos acknowledged that the normal width is 4'; but that this section is against a curb, and for safety reasons the Staff recommends 5'. City Manager Townsend added that the Staff will investigate the possibility of reducing the sidewalk in that area to 4'. Mr. W. J. Beck brought up the fact that there is a drainage problem in the Tonglewood addition. Mr. Lontos replied that the Staff will look into it. Motion by Tipton, seconded by Lozano and passed, that the hearing be closed. Council recessed at 4:30 p.m. to go into a Special Council Meeting on zoning cases. The Regular Meeting was esumed and the Council next consere�rTthe plat appeal of Mr. Frank Parks concerning a preliminary plat of a tract of a mutely 200 acres one mile west of the City limits on FM 624 abutting the Nueces Rive ity Manager Townsend r wed that the appeal was tabled on December 31, 197 allow the Legal Department to look into the feasibility veloping and restrictions against resubdivision, limiting the development to single - family • • 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 her einbelow 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 0 0 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. 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 smme 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 0 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 CORRECTED FEERUARY 4, 1976 PRELIMINARY-ASSESSPfW ROLL PALOMA STREET'IMOVEMENTS From Ocean Drive to Jarvis Drive, and 172' South of Jarvis Drive to 290' North of Alameda Street Paloma Street, within the limits described, is to be improved by exca- vation to a width and depth to permit the construction of a 28'.wide back to back of curb street, 4" standard curb and gutter, 6" compacted subgrade, 8" compacted caliche base and 11y' Type D hot mix asphalt surface. From Ocean Drive to Jarvis Drive, the sidewalks will be 5' wide tied to back of curb, and from 172' south of Jarvis to 290' north of Alameda, on the east side only, the sidewalk will. be 4' wide. All driveways will be 6" thick reinforced concrete. The assessment rates have been determined by taking the unit prices used in the low bid submitted by Asphalt Maintenance Company and apply- ing these unit prices to the front footage of the abutting properties In accordance with the assessment policy. The rates are as follows: Pavement, Curb and Gutter $6.40 p.l.f. Sidewalk .75 p.s.f. Driveway 1.81 p.s.f. Curb, Gutter & Pavement for 4.75 p.l.f. (churches, schools & residential) Total Contract Price $72,532.10 Total Preliminary Assessments 34.620.60 Total City Portion $37,911,50 R. Lontos, PM, Director ering & Physical Development JRL /JP /dz I• • Page 1 ITEM NO. OWNER AND PROPERTY DESCRIPTION QUANTITY ASSESSED DEAWT'ION OF ASSESSMENT RATE AMOUNT TOTAL AMOUNT ASSESSED PALO L STREET 0 can Drive to South Alameda SO SIDE 1. Guy I. Warren 283.07 L.F C.G. & Pvmt. 6.40 1,811.65 P. 0.-Box 2507 1046.76 S.F S -W •75 859.71 Corpus ChriBi, Tx.- 78403 - 0 - S.F D/W 1 -14` 1.81 _ 0 - 2,671:36 Lot 1, Sec. 15 FB &EF &CT Guy I. Warren Tract 2. Guy I. Warren 144.00 L.F C.G. & Pvmt. 4.75 684.00 P.O. Box 2507 - 576.00 S.F S/W .75 432.00 Corpus Christi, Tx. 78403 - 0 -. S.F D/W 1.81 - 0 - _,.. Z.- _. 1,116.00 Lots 4, 5& E. 36° of Lot 6 Bluff Estates 3. Ronald J. Williams 72,00 L.F C.G. & Pvmt. 4.75 342.00 P: 0.:.862C:-6027• 244.00 S.F S/W .75 - 183.00 N/W k of I:ot= 6 135.68 S.F D/W 1.81 245.58 Bluff Estates 770.58 78411 4. Spencer Peanson 72.00 L.F C.G. & Pvmt. 4.75 342.00 235.Paloma 78412 248.00 S.F S/W .75 186.00 N/W h Of Lot 7 125.18 S.F D/W 1 -10' 1.81 226.58 Bluff Estates 754.58 0 � Page 2 ITEM OWNER ANA QUANTITY DES�RIPTION TOTAL NO. PROPERTY DESCRIPTION ASSESSED OF RATE AMOUNT AMOUNT ASSESSMENT ASSESSED 5. 6. 7. S. John W. Berry 241 Paloma Lot 8 Bluff Estates W. J. Peck 3413 Xanftou 78411 Lots 9A & 9B Bluff Estates First Savings Association Box 3707 - 78404 Lot IOA Bluff Estates J. C. Swinburn 309 Paloma Lot 10B Bluff Estates John & Martba Anthbnp 313 Paloma Lot 2 Ledman Acres 2 78412 59.44 L.F C.G. & Pvmt. 7.75, 460.66 -0- S.F D/W 1.81 -0- 460.66 99.20 L.F C.G. & Pvmt. 276.80 S.F S/W 349.38 S.F D/W 1 -20' & 1 -10' 55.80 L.F C.G. & Pvmt. 183.20 S.F S/W 119.20 S.F D/W 1 -10' 110.00 L.Fj C.G. & Pvmt. 376.00 S.F S/W 188.18 S.F D/W 1 -16' 68.00 L.Fj C.G. & Pvmt. 203.00 S.F S/W 209.18 S.F D/W 1 -18' 4.75 471.20 .75 207.60 1.81 632.38 4.75 265.05 .75 137.40 1.81 215.75 4.75 522.50 .75 '282.00 1.81 340.61 4.75 .75 1.81 323.00 152.25 378.62 1 1,911.18 618.20 1,145.11 853.87 Page 3 ITEM NO. OWNER AND PROPERTY DESCRIPTION QUANTITY ASSESSED : DESCRIPTION OF ASSESS' RATE AMOUNT TOTAL AMOUNT ASSESSED 10. James Grams 75.00 L.F C.G. & Pvmt. 4.75 356.25 317 Paloma 263.00 S.F S/W .75 197.25• Lot 1. 125.18 S.F D/W 1 -10 1.81 226.58 Ledman Acres 2 780.08 11. Frank J. Duge 55.00 L.F C.G. '& Pvmt. 4.75 261.25 321 Paloma 180.00 S.F S/W .75 135.00 E. 55' of Lot 12 125.18 S.F D/W 1 -10' 1.81 2.26.58 Bluff Estates 622.83 12. D. S. Mandlowitz 55.00 L.F C.G. & Pvmt. 4.75 261.25 5614 Ocean Dr. 180.00 S.F S/W .75 135.00 Lot 12A 125.18 S.F D/W 1 -10' 1.81 226.58 Bluff Estates 622.83 13. E. W. Kretzinger 110.00 L. C.G. & Pvmt. 4.75 522.50 P. 0. Box 3565 78404 376.00 S. S/W .75 282.00 Lot 13D & 13 E 188.18 S. D/W 1 -16.' 1.81 340.61 Bluff Estates 1,145.11 14. Allison,Maddin,White & 66.00 L. C.G. & Pvmt. 4.75 313.50 Bren, Inc. * 11.00 L.F C.G. & Pvmt. 2.38 26.18 Lot 13 256.00 S. S/W .75 192.00 Bluff Estates- -0- S. D/W 1.81 -0- 2100 600 Bldg. 78401 Return on Jarvis 531.68 Jarvis Street Intersection Page 4 ITEM NO. OWNER AND. PROPERTY DESCRIPTION QUANTITY ASSESSED I DESCRIPTION OF ASSESSMENT RATE ANR}UNT TOTAL AMOUNT ASSESSED 15. Floyd H. Trudeall 143.00 L. C.G.& Pvmt.& 7.75 409 Paloma S/W 1,108.25 Lot 15 68.18 S. D/W 1 -12' 1.81 123.41 Bluff Estates 1,231.66 16. C. W. McLaury 71_.50 L. C.G.& Pvmt.& S/W 7.75 554.13 P. 0. Box 33389 60.18 S. D/W 1 -10' 1.81 .108.93 Houston, Texas 77033 663.06 Lot 16 Bluff Estates 17. N. 6. Stewart 71.50 L. I. C.G.& Pvmt.& 423 Paloma S/W 7.75 554.13 Lot 17 60.18 S1 . D/W 1 -10' 1.81 108.93 663.06 Bluff Estates 18. Richard R. Role 71.50 L. I. C.G.& Pvmt. 429 Paloma S/W 7.75 554.13 Lot 18 60.18 S. I. D/W 1 -10' 1.81 108.93 Bluff Estates 663.06 19. Barney E. Blount 71.50 Li l. C.G.& Pvmt.& 7.75 554.13 337 Angelo S/W Lot 19 60.18 S. I. D/W 1 -10' 1.81 108.93 i Bluff Estates 663.06 Gordon L. Billingsly, Jr -447 Paloma 78412 Lot 21 Bluff Estates Durham Newton McDonald 453 Paloma 78412 Lot 22 Bluff Estates Beryl R. Warren 459 Paloma Lot 23 Bluff Estates Eugene P. Corbin 465 Paloma Lot 24 Bluff Estates W. J. Sheehan 725 Brock Lot 25 Bluff Estates 71.50 L.Fj C.G.& Pmt.! S/W 60.18 S.F D/W 1 -10' 71.50 L.F C.G.& Pvmt.& S/W 60.5.6 S.F D/W 1 -12 71.50 L.F C.G.& Pvmt & S/W 54.20 S.F D/W 1 -10' 71.50 L.F C.G.& Pvmt.& S/W 109.39 S.F D/W 2 -10' 663.74 Page 5 1.81 ITEM OWNER AND NO. PROPERTY DESCRIPI w DESCRIPTION 663.06 TOTAL 554.13 OF RATE AMOUNT AMOUNT 663.74 ASSESSMENT FA ASSESSED !0• Barbara 5. Martin 441 Paloma C.G.& Pvmt.& 7.75 554.13 Lot 20 Bluf£ Estates S D/W 1 -12' 1 81 109.61 Gordon L. Billingsly, Jr -447 Paloma 78412 Lot 21 Bluff Estates Durham Newton McDonald 453 Paloma 78412 Lot 22 Bluff Estates Beryl R. Warren 459 Paloma Lot 23 Bluff Estates Eugene P. Corbin 465 Paloma Lot 24 Bluff Estates W. J. Sheehan 725 Brock Lot 25 Bluff Estates 71.50 L.Fj C.G.& Pmt.! S/W 60.18 S.F D/W 1 -10' 71.50 L.F C.G.& Pvmt.& S/W 60.5.6 S.F D/W 1 -12 71.50 L.F C.G.& Pvmt & S/W 54.20 S.F D/W 1 -10' 71.50 L.F C.G.& Pvmt.& S/W 109.39 S.F D/W 2 -10' 7.75 663.74 7.75 554.13 1.81 108.93 7.75 663.06 7.75 554.13 1.81 109.61 663.74 7.75 554.13 1.81 98.10 652.23 7.75 554.13 1.81 198.00 752.13 67.19 S.Fj D /W•1- 13*t• &f 1.81 I 554.13 I 121.61 675.74 Page 6 ITEM NO. OVNER AND PROPERTY DESCRIPTION QUANTITY ASSESSED DES P1TION OF ASS RATE (AMOUNT TOTAL AMOUNT ASSESSED PALOMA STREET OC '?DRIVE TO SOUTH ALAMIDA NORTI SIDE EGINNING AT OCEAN DRIVE 26. Milton E. Froelich -: -'0 - LL: . C.G.& Pvmt. 4.75 --0 - 206 Palo= * (S) 588.40 =S ". . S/W 50% .75 441.30 Lot 3, - 0 - S. F. D/W 1.81 - 0 - Timberlakea 3 ai4l.�38- *Reduced to 50% of Assessment by Counc 1 Action *220.65 27. J. C. Sprinkle 70.00 L. C.G.& Pvmt. 4.75 332.50 - 210 Paloma '184.00 S. S/W .75 138.00 Lot 1 133.33 S. D/W 1 -24' 1.81 241.33 Sprinkle Addn. 771.83 28. Paul H. Jostee 100.00 L. C.G.& Pvmt. 4.75 ." 475.00 218 Paloma 360.00 S.). S/W .75 270.00 Lot 2 125.18 S. I. D/W 1 -10' 1.81 226.58 Timberlake 971.58 29, Doris S. Bauer 109.27 L. I. C.G.& Pvmt. 4.75 519.03 220 Paloma 397.08 S. I. S/W .75 297.81 Lot 1 125.18 S. I. D/W 1 -10' 1.81 226.58 Timberlake 1,043.42 Page ITEM NO. OWNER AND PROPERTY DESCRIPTION QUANTITY ASSESSED DES6TXON OF ASSESSMENT- RATE AMOUNT TOTAL AMOUNT ASSESSED 30. Wilma Wilmore 100.00 L. C.G.& Pvmt. 4.75 475.00 222 Paloma 340.00 S. S/W .75 255.00 Lot 5, Sec. 1 177.68 S. D/W 1 -15' 1.81 321.60 FB' EF' GT 1,051.60 31. Quinton E. Williams 100.00 L. 0.G.& Pvmt. 4:75 475.00 4891 ocean Dr. 320.00 S. S/W .75 240.00 FB., & EF. & GT. 230.18 S. D/W 1 -20' 1.81 416.63 Lot 5, Sec. 1 1,131.63 I 32. H. T. Gee 100.00 L. C.G.& Pvmt. 4.75 475.00 I 232 Paloma 352.00 S.:. S/W .75 264.00 FB.,& E.F. & G.T. 146.18 S.]. D/W 1 -12' 1.81 264.59 Lot 5, Sec. 1 1,003.59 33. A; J. Dullnig 66.00 L. I. C.G.& Pvmt. 4.75 313:50 304 Paloma 224.00 S. I. S/W .75 168.00 Lot 9 125.18 S. I. D/W 1 -10' 1.81 226.58 Ledman Acres 1.' .708.08 34. A. A. Carlson 66.00 L. I. C.G.& Pvmt. 4.75 313.50 306 Paloma 224.00 S. I. S/W .75 168.00 Lot 8 125.18 S. I. D/W 1 -10' 1.81 226.58 Dedman Acres 1 708.08 i Page 8 ITEM N0. OWNER AND PROPERTY DESCRIPTION QUANTITY ASSESSED MS&IPTION OF ASSESSMENT RATE AMOUNT TOTAL AMOUNT ASSESSED 35. Madison Coons etus 66.00 L. C.C.S Pvmt. 4.75 313.50 310 Paloma 216.00 S. S/W .75 162.00 Lot 7 146.18 S. D/W 1 -12' 1.81 264.59 Ledman Acres 1 740.09 36. L. E. Karsten 66.00 L. C.G.6 Pvmt. 4.75 313.50 314.Paloma 224.00 S. . S/W .75 168.00 Lot 6, 125.18 S..'. D/W 1 -10' 1.81 226.58 Ledman Acres 1 708.08 37. Merle D. Spence 66.00 L.?. C.G.B Pvmt. 4.75 313.50 318 P.aloma 239.00 S.?. S/W .75 179.25 Lot 5 125.18 S. . D/W 1 -10' 1.81 226.58 Ledman Acres 1 719.33 38. William F. White 143.70 L. 1F. C.G.6 Pvmt. 4.75 682.58 4789 Ocean Dr. 534.80 S. F. S/w .75 401.10 Lot 4 125.18 S. F. D/W 1 -10' 1.81 226.58 Ledman Acres 1, 1,310.26 39. Barbara, E. Knoll 64.00 L. . C.G.5 Pvmt. 4.75 304.00 330 Paloma 216.00 S. F. S/W .75 162.00 Lot 3 125.18 S. F. D/W 1 -10' 1.81 226.58 Ledman Acres 1 692.58 Page 9 ITEM NO. OWNER AND PROPERTY DESCRIPTION QUANTITY ASSESSED a DESdRIPTION OF ASSESSMENT RATE AMOUNT TOTAL AMOUNT ASSESSED 40. Denver D. Splawn 64.00 L. F. C.G.& Pvmt: 4.75 304.00 334 Paloma 216.00 S.?. S/W .75 162.00 Lot 2 Ledmaa Acres 1 125.18 S. . D/W 1 -10' 1.81 226.68 692.58 41 Adolph A. Marek 64.00 L. W. C.G.& Pvmt. 4.75 304.00 338 Paldma 192.00 s.,. S/W .75 144.. D0 Lot 1 188.18 S. . D/W 1 -16' 1.81 340,6] Cadman Acres 1 788..61 END 0 CONST. OF NORTH SIDE OF PALOMA END OF PR,OMA ST. TOTAL $37,911:50 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. 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 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 an& after the date said improvements were ordered by said City Council, to -wit: December _31,A275-, and a personal liability and charge against the real and true owner or owners be named or correctly named herein, and that ll said lien sha 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: 1e All in cash within 30 days after completion or acceptance by City; or 2. Payments to be made in maximum of 60 equal installments, the first of which shall be paid within 30 days after the 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 1/4%) 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 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- Bates 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 Hayor 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:_ Decer.Iber 31. 1975 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 may not be named or correctly named, and any irregularity in the name of the property owner, or the description of any property or the amount of any assessment, or in any other matter or thing shall not in anywise invalidate or impair any assessment levied hereby or any certificate issued, and such mistake, or error, invalidity or irregularity whether in such 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- and take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the day of . February, 1976 ATTEST: 42-�' ecretary AP VED: DAY OF February , 1976 City Attorney FX&C ASST 1.2 MAYOR THE CITY OF CORPUS CHRISTI, TEXAS CORPUS CMRISTIs TEXAS DAY OF TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTIp TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCES 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, YR TH CI+Y OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JASON LUST DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE THE ABOVE ORDINANCE WAS PASSED BY JASON LUBY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE E: