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
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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.
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: