Loading...
HomeMy WebLinkAbout13166 ORD - 05/05/19763kh:5 -5 -76; 1st.. AN ORDINANCE CLOSING THE HEARING ON STREET IMPROVEMENTS FOR THE FOLLOWING STREET: Starlite Lane (M.H. 152) from Leopard Street to Sunny Drive, Project'No. M 8030 (1) �1_ 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; F 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 March, 1976 determined the necessity for, and ordered the improvement of the following street: Starlite Lane.(M.H. 152) from Leopard Street to Sunny Drive, Project No. M 8030.(1) in the manner and according to the plans and specifications heretofore --approved •and adopted by the City Council by ordinance dated March 31, 1976 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 f and a statement'of other matters relating thereto with said City Council, iand same has been received, examined and approved by said City Council; I and 131-66 f?EMMAS, said City Council, by duly enacted ordinance dated March 31, 1976 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' March 31, 1976 did order and set a hearing to be held at 7:00 P.M.—, on the 30 day of April 1976 in the Annaville Elementary School 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 rjr 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 said hearing; both forms of notice being in compliance with and containing the information required by Article 1105b, Vernon's Annotated Civil Statutes; and IIHEREAS, 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 April 30, 1976, in the Annaville Elementary School , in the City of Corpus Christi, Texas, in accordance with said ordinance and notice, at which time an opportunity was given to all said abovementioned persons, firms, corpora- tions 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- *Mayor Jason Luby Mayor Pro Tem Bill Tipton Council Members: Eduardo E. de Ases City Manager R. Marvin Townsend Ruth Gill Assistant City Attorney Chas. DuBois Bob Gulley City Secretary Bill G. Read Gabe Lozano, Sr. Edward Sample Mayor Pro Tem Tipton called the meeting to order in the temporary absence of Mayor Luby. City Secretary Read called the roll and stated there was a quorum of the Council and the necessary Charter Officers present to have a legally constituted meeting. Assistant City Attorney DuBois questioned Mr. Gerry Smith, Chief Engineer in the Department of Engineering and Physical Development, as to his qualifications; a . formal resume of his qualifications was offered into evidence and is attached hereto as Exhibit "A" and incorporated herein by reference, the same as if written herein. Mr. Smith explained the project, consisting of excavation to a width and depth necessary to provide for the construction of 's roadway varying in width from 39' to 45' including curb and gutter on Starlite Lane from Leopard Street to Sunny Drive. He explained that ' the improvements were approved by the voters in the 1972 bond election; that it would be a joint project with the State Department of Highways and Public Transportation. He reviewed the assessment rates for the project per square foot and stated that the total contract price would be $303,864.41; the preliminary assessments totaled $73,730.73; and . the total City /State portion is $230,133.68, 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 attached hereto as Exhibit "B" and incorporated herein by reference, the same as if written herein, Mr. Carr stated he had examined each and every parcel of land involved in the project; he responded that be had found some irregular - shaped lots; and that, subject to his suggested revisions, 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. MINUTES CITY OF CORPUS CHRISTI, TEAS SPECIAL COUNCIL MEETING ANNAVILLE ELEMENTARY SCHOOL APRIL 30, 1976 7:00 P.M. PRESENT: *Mayor Jason Luby Mayor Pro Tem Bill Tipton Council Members: Eduardo E. de Ases City Manager R. Marvin Townsend Ruth Gill Assistant City Attorney Chas. DuBois Bob Gulley City Secretary Bill G. Read Gabe Lozano, Sr. Edward Sample Mayor Pro Tem Tipton called the meeting to order in the temporary absence of Mayor Luby. City Secretary Read called the roll and stated there was a quorum of the Council and the necessary Charter Officers present to have a legally constituted meeting. Assistant City Attorney DuBois questioned Mr. Gerry Smith, Chief Engineer in the Department of Engineering and Physical Development, as to his qualifications; a . formal resume of his qualifications was offered into evidence and is attached hereto as Exhibit "A" and incorporated herein by reference, the same as if written herein. Mr. Smith explained the project, consisting of excavation to a width and depth necessary to provide for the construction of 's roadway varying in width from 39' to 45' including curb and gutter on Starlite Lane from Leopard Street to Sunny Drive. He explained that ' the improvements were approved by the voters in the 1972 bond election; that it would be a joint project with the State Department of Highways and Public Transportation. He reviewed the assessment rates for the project per square foot and stated that the total contract price would be $303,864.41; the preliminary assessments totaled $73,730.73; and . the total City /State portion is $230,133.68, 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 attached hereto as Exhibit "B" and incorporated herein by reference, the same as if written herein, Mr. Carr stated he had examined each and every parcel of land involved in the project; he responded that be had found some irregular - shaped lots; and that, subject to his suggested revisions, 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. Deg 0Special Council Meeting April 30, 1976 Page 2 City Manager Townsend informed the Council that Mr, Carr had recommended that a number of the assessments be reduced from $10,31 per linear foot for business uses to $4.75 p.l.f. for residential uses; and that the Staff agrees with the suggested reductions —with the exception of parcels gl and #15— providing the property owners file a deed restriction limiting their property to residential uses. Mayor Pro Tem Tipton called for those from the audience who would like to speak regarding their assessments, and Mrs. Agnes R. McCorkle, Lot. #1, showed the Council a map which totaled her property at 297' rather than 400' as the Staff had determined. She complained that although she wanted the street improved she didn't - want to have to pay that much; that only a small portion (94') of the property is used for business purposes, and the rest is residential; that she should not be charged the full commercial rate. She added she does not intend to develop the property for.some time. City Manager Townsend responded that the Staff had determined that the zoning map shows 400' of property, all zoned B -4, and this figure was verified with the Planning Department. Mr. Townsend explained to Mrs. McCorkle that she would need to file a deed restriction on her property, limiting it to residential uses; however, she was unwilling to do that. Mr. Gene Tackett of the Staff met with Mrs. McCorkle concerning her assessment. Mrs. Adolph C. Conrad, Lot #24. asked what would be the cost for hookup to the City sewer system; City Manager Townsend replied that it costs $2.00 per front property foot, plus a $50 tap charge, which the Staff totaled for Mrs. Conrad. He also added that she would not be forced to tie onto the sewer if they have a satisfactory septic tank," system on their property. *(Mayor Luby arrived at this time.) Mrs. Frances Dean Morris, Lot 9, questioned the necessity of curbs, gutters and sidewalks. City Manager Townsend responded that if the residents in her subdivision want them they would need to petition for them. Mr. Lewis W. Williams,. Lot 40, inquired regarding the payment for the assessments, and Mr. Gerry Smith explained the terms of payment available to the property owners. Mr. Williams also complained that the sidewalks to be constructed on his property would probably not be used very much, but would cost a great deal. Since several other property owners appeared to be in opposition to the construction of sidewalks in the area, this discussion was reserved until the end of the meeting after all other questions had been resolved. �es Special Council Meeting April 30, 1916 Page 3 • Mrs. Melvin Adair, owner of Lot 015 regarding which the Staff was in disagreement with Mr. Carr.concerning the assessment rate, explained that she has 6 7/11 acres on which she raises and sells vegetables, plants and house plants, and that she also has some greenhouses on the property. The Staff then decided it was 4 home occupation, "R 71B ", and should be assessed at the $4.75 rate rather than $10.31 for business uses. Mr. Billy J. Burton, Lot 113, stated he has no objection to the construction of sidewalks in the area. Mrs. Robert E. Brennan, 042, voiced that she would like to have the dedicated roadway in the area either built by the County as promised, or abandoned. She was advised to contact the County relative to their agreement to build the road; and if that fails to contact the City for a public hearing to abandon it.. Mrs. Alice Fulton, Lots 043 and 044, said she didn't9hink there was any need for sidewalks. Mr. Max E. Morgan, Lot 029, and Mrs. E. R. Michael, Lot 017, said they were satisfied with their assessments. There was some discussion of where the mailboxes would be placed after the street improvements are completed. The Staff explained the requirements of the U.-S. Postal Service; that the existing mailboxes would be reinstalled if they are serviceable, and they would be placed in the sidewalks parallel to the curb. Some of the residents voiced their objections to having the mailboxes in the sidewalks, adding that it would not create a very neat appearance since they would not be of uniform height. Mrs. Adair stated again that she was not in favor of the sidewalks; and she felt that eliminating the sidewalks would solve the problem with the Postal Service. Some of the residents said the sidewalks would not be used very much anyway; however, one gentleman spoke up that he had seen a lot of people walking down the street Starlite Lane. Mayor Luby stated that he very strongly favors sidewalks, citing that they greatly enhance the property and surrounding area. Council Member Gulley asserted that it is a lot safer for the children and everybody concerned to have sidewalks; and Mayor Pro Tem Tipton pointed out that the property owners would only pay $.75 per square foot at this time, whereas if they were constructed at a later date the cost to them would be much higher. Motion by Tipton, seconded by Lozano and passed unanimously, that the hearing be closed. �al • Speci Council Meeting April 30, 1976 Page 4 There being no further business to come before the Council, this Special Council Meeting of April 30, 1976 adjourned at 8:55 p.m. 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 objectionsi 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 construe - 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- f ceedings of said City Council heretofore had with reference to such 4 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, TERAS; 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, corporation; 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, S and the sasee 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 upoh.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 .portian of said streets upon which said property abuts, will be in excess of the amount of the cost of said improvements as proposed to be, and as herein assessed against said abutting property and the real and true owners thereof, and finds that the apportionment of the cost of -said improvements, and that all assessments hereinbelow made are just and equitable and produce substantial equality considering the 5 • • benefits received and the burdens imposed thereby, and are in accordance with the laws of the State of Texas, and the Charter provisions of the City of Corpus Christi, Texas, and that the proceedings and contract heretofore had with reference to said improvements are in all respects regular, proper and valid, and that all prerequisites to the fixing of the assessment liens against said abutting properties, as hereinabove described and the personal liability of the real and true owner or owners thereof, whether named or correctly named herein or not, have been in all things regularly had and performed in compliance with the law, Charter provisions and proceedings of the said City Council. SECTION 3. That in pursuance of said ordinances, duly enacted by said City Council, authorizing and ordering the improvements of the above described street, within the limits defined, and in pursuance of said .proceedings heretofore had and enacted by said City Council, in reference - - to said improvements and by virtue of the powers vested in said City with respect to said street improvements by the laws of the State of Texas and the Charter of said City, with particular reference to Chapter 106 of the Acts of the First Called Session of tha 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 PRELIMINARY ASSESSMENT ROLL 10,1 6, 1976 STARLITE LANE This project includes the extension and construction of street improvements on the following streets: Starlite Lane (M.R. 152) from Leopard Street to Sunny Drive; Project No. M R035 (1) The improvements'shall consist of excavation to a width and depth necessary to provide for the construction of a roadway varying in width from 39' to 45' including curb and gutter. The roadway section will be composed of 6" of compacted lime stabilized subgrade, 6" of base material compacted and lime treated, one course of undersea) surface treatment and 2" of asphalt- concrete riding surface. Other improvements shall include 4" thick reinforced concrete sidewalks and 6" thick reinforced concrete driveways where specified on the construction plans or requested by the abutting property owners. This project is built jointly by the City and the State Department of Highways and Public Transportation. This project was bid together with improvements to North Staples Street and Winnebago Street. The assessment rates have been calculated in accordance with the City's paving assessment policy based on the low bid submitted to the State Department of Highways and Public Transportation on March 24, 1976. The assessment rates for this project are as follows: Cutb, Gutter and Pavement (39' width) @ $10.31 p.l.f. Sidewalk @ $ .75 p.s.f. Driveway @ $18.11 P.S.Y. Total Contract Price $303,864.41 - Preliminary Assessments 59,Lgtlq Total City /State Port $_244,816.72 ames R. Loatos, ., Director Engineering & Physical Development Page 1 ITEM NO. OWNER AND PROPERTY DESCRIPTION QUANTITY ASSESSED a DES&IPFION OF ASSESSMERT RATE AMDDNT TOTAL AMOUNT ASSESSED STARL TE LANE Le pard Street to Sunny Drive EAST SIDE 1. Agnes R. McCorkle 977.10 L. I. C.G.& Pvmt. 10.31 10,073.90 4366 Starlite Lane 4,207.95 S. T. S/W 4.5' .75. 3.155.96 J. R. Donnan Tract 31.22 S. I. D/W lm-16,1-18'18.11 565.39 78410 & 1 -12 $13,793.25 2. Manuel Rios 75.00 L. T. C.G.& Pvmt. 10.31 773.25 % Agnes R. MCCo'rkle 337.50 S. I. S/W 4.5' .75 253.13 4366 Starlite Lane - 0 - S. I. D/W 18.11 - 0 - J. R. Donnas Tr. _ 78410 * 609.38 *Reduced by C. A. 3. Billy J. Burton et.ux S 130.18 L. I. C.G.& Pvmt. 2.38 309.83 10756 Larkwood F 24.00 LA. C.G.& Pvmt. 4.75 114.00 Lot 1, Blk. 5 520.72 S. I. S/W .38 197.87 Westwood Hts. 2 - 0 = S. I. D/W 18.11 - 0 - *Return on Larkwood St. 621.70 .. 507 on side 78410 LARRW STREET 4. R. L. Lightfoot, et ux S 130.18 L. I. C.G.& Pvmt. 2.38 309.83 10829 Mayfield F 24.00 L. I. C.G.& Pvmt. 4.75 114.00 Lot 39, Blk.4 520.72 S. I. S/W .38 197.87 Westwood Hts. @ - 0 - S. . D/W 18.11 - 0 - *Return on Larkwood St. 621.70 50% on side 78410 Page ITEM OWNER AND QUANTITY DESCRIPTION TOTAL NO. PROPERTY DESCRIPTION ASSESSED OF RATE AMOUNT AMOUNT ASSESSMENT ASSESSED 5. Francis Dean Morrie S 130.18 L.F. C.G.& Pvmt. 2.38 309.83 P. 0. Box 10367 78410 F * 24.00 L.F. C.G.& Pvmt. 4.75 114.00 Lot 1, Blk. 4 520.72 S.F. S/W ..38 197.87 Westwood Hts. 2 *Return on Dogwood St. - 0 - S.Y. D/W 18.11 - 0 - 621.70 50% on side DOGWOOD ST. INTERSECTION 6. Daniel M. Wilson et ux S 130.18 L.F. C.G.& Pvmt. 2.38 309.83 3651 Starlite Ln. F *24.00 L.F. C.G.& Pvmt. 4.75 114.00 Lot 27, Blk. 3 520.72 S.F. S/W .38 197.87 Westwood Hts.Unit 2 - 0 - S.Y. D/W 18.11 - 0 - 621.70 *Return on Dogwood St. 502 on side 78410 7. Jackson 0. Riney `S 130.18 L.F. C.G.& Pvmt. 2.38 309.83 10746 Glenwood F *724.00 L.F. C.G.& Pvmt. 4.75 114.00 Lot 1, Blk. 3 520.72.S.F. S/W .38 197.87 Westwood Hts. Unit 2 - 0 - S.Y. D/W 18.11 - 0 - 621.70 ' *Return on Glenwood St. 507 on side 78410 GLENWOOD ST. INTERSECTION 8. Bobby Ray Bentley 8 130.18 L.F. C.G.& Pvmt. 2.38 309.83 10745 Glenwood St. F * 24.00 L.F. C.G.& Pvmt. 4.75 114.00 Lot 15, Blk. 2 520.72 S.F. S/W .38 197.87 Westwood Hts. 2 - 0 - S.F. D/W 18.11 - 0 - 621.70 ' *Return on Glenwood St. 509 on side 78410 Peke ITEM NO. OWNER AND PROPERTY DESCRIPTION QUANTITY ASSESSED DESCRIPTION OF ASSESSMENT RATE AMOUNT TOTAL AMOUNT ASSESSED 9. Billy W. Landers S 130.18 L.F. C.G.& Pvmt. 2.38 309.83 P. 0. Boa 10151 F * 24.00 L.F. C.G.& Pvmt. 4.75 114.00 Lot 1, Blk. 2 78410 520.72 S.F. S/W .38 197.87 Westwood Hts. 2 - 0 - S.Y. D/W 18.11 - 0 - 621.70 *Return on Rockwood St. 50% on side ROCKWOOD ST. INTERSECTION 10. Francis Dean Morrie S 130.22 L.F. C.G.& Pvmt. 2.38 309.92 P. 0. Box 10367 F * 24.00 L.F. C.G.& Pvmt. 4.75 114.00 Lot 1, Blk. 1 78410 520.88 S.F. S/W .38 197.93 Westwood Hts. 2 - 0 - S.Y. D/W 18.11 - 0 - 621.85 *Return on Rockwood 50% on side 11. Eugene E. Pavlicek S 137.50 L.F. C.G.& Pvmt. 2109 287.39 10750 Westwood 78410 F * 17.00 L.F. C.G.& Pvmt. 4.75 80.75 Lot 1, Blk. 1 550.00 S.F. 81W .33 181.50 Westwood Hts. 1 - 0 - S.Y. D/W 18.11 - 0 - *Return on Westwood 549.63 ' 447 on side STWOOD DRIVE, INTERSECTION 12• W. R.' Biersenwale S 137.50 L.F. C.G.& Pvmt. 2.09 287,38 10749 Westwood 78410 F * 17.00 L.F. C.G.& Pvmt. 4.75 80.75 Lot 1, Blk. 2 550.00 S.F. S/W .33 181.50 Westwood Hts. 1 - 0 - S.Y. D/W 18.11 - 0 - 549.63 *Return on Westwood 447 on side 0 Page ITEM NO. OWNER AND PROPERTY DESCRIPTION QUANTITY ASSESSED DESCRIPTION OF ASSESSMENT RATE AMOUNT TOTAL AMOUNT ASSESSED 13. Donald R. Kopecky S7 137.50 L.F. C.G.& Pvmt. 2.09 287.38 10750 Kingwood 78410 F * 21.00 L.F. C.G.& Pvmt. 4.75 99.75 Lot 39, Blk. 2 550.00 S.F. S/W .33 181.50 Westwood Hts. 1 - 0 - S.Y. D/W 18.11 - 0 - *Return on Kingswood 568:63 44% on aide GWOOD DRIVE INTERSECTION 14. Milburn F. Walker S 137.50 L.F. C.G.& Pvmt. 2/09 287.38 10749 Kingwood 78410 F * 21.00 L.F. C.G.& Pvmt. 4.75 99.75 Lot 1, Blk. 3 550.00 S.F. S/W .33 181.50 Westwood Rts. 1 - 0 - S.Y. D/W 18.11 - 0 - *Return on Kingwood 568.63. 44% on side 15-. Melvin Adair F 200.00 L.F. C.G.& Pvmt. 10.31 2,062.00 4002 Starlite Ln. 792.00 S.F. S/W 4.5' .75 594.00 Lot 60 78410 26.34 S.Y. D/W 3 -12t- 18.11 477.02 Nueces Gardens 2 *Reduced by C.A. *2,021.02. 16. Kenneth S. Jernigan F 200.00 L.F. C.G.& Pvmt. 10.31 2,062.00 Rt. 1. Box 85 78380 846.00 S.F. S/W .75 634.50 Robstown, Tx. 8.78 S.Y. D/W 1 -12' 18.11 159.01 Lot 61 _ Nueces Garden 2 *1,743.51 *Reduced by C.A. 17. E. R. Michael F 21+.00 L.F. C.G.& Pvmt. 10.31 2,206.34 3922 Starlite Ln. .75 634.50 Lot 62C 78410 846.00 S.F. S/w 18.11 159.01 Nueces Gardens 2 8.78 S.Y. D/W 1 -12' 2,999.85 *Reduced by C.A. *1,018.76 • Page ITEM NO. OWNER AND PROPERTY DESCRIPTION QUANTITY ASSESSED DESCRIPTION OF ASSESSMENT RATE AMOUNT TOTAL AMOUNT ASSESSED SUNNY DRIVE QTTERSECPION 18. Jessie L. Kimmel 10.00 L.F. C.G.S Pvmt. 4.75 47.50 3918 Starlite Land 14.00 L.F. C.G.S Pvmt. 2.38 33.32 Lot 63A 78410 - 0 - S.F. S/W .75 - 0 - Nueces Gardens 2 - 0 - S.Y. D/W 18.11 - 0 - *Return on Sunny Dr. 80.82 STARL LANE END OF STAR=E LANE EAST ;IDE • Page ITEM NO. OWNER AND PROPERTY DESCRIPTION QUANTITY ASSESSED DESCRIPTION OF ASSESSMENT RATE AMOUNT TOTAL AMOUNT ASSESSED STARLIT LANE BEGIrNING AT LEOP = TO SUNNY DR. (WEST IDE) 19. The Circle "R" Corp. 147.10 L.F. C.G.& Pvmt. 10.31 1,516.60 756 Caddo ' 391.95 S.F. S/W ..75 293.96 Corpus- ChrUti, Tx. 39.56 S.Y. D/W 2 -30' 18.11 •716.43 Lot 10A 2,526.99 Annaville Addn. 1 78412 20. James Van Blarcom 119.35 L.E. C.G.& Pvmt. 10.31 1,230.50 4341 Starlite In' 78410 402.08 3.F. S/W .75 301.56 Lot IOC 19.78 S.Y. D/W 1 -30' 18.11 358.22 Annaville Addn. 1 1,890:28 21'. James A. Vanblarcom 100.00 L.F. C.G.& Pvmt. 10.31 1,031.00 4341 Starlite Lane 180.00 S.F. S/W ,75 135.00 Lot IOD 78410 3.9,.56 S.Y. D/W 1 -18' 18.11 716.,431' Annaville Addn. 1 1,882.43, 22. E.G. Hardin 31.00 L.F. C.G.& Pvmt. 10.31 319.61 P.O. Box 8169. 78412 139.50 S.F. S/W .75 104.63 Lot 7 & 8 & S. 31' of 9 & 1 - 0 = S.Y. D/W 1 -18' 18.11 - - Blk. B _0 424.24 Annaville Addn. 1 % Betty Hall 3033 padre Island Dr. 23. M. C. Perez 103.89 L.F. C.G.& Pvmt. 4.75 493.48 4333 Starlite In. 78410 367.56 S.F. S/W .75 275.67 Lot A, Blk. E 8.78 S.Y. D/W 1 -12' 18.11 159.01 928.16 Annaville Addn. 2 Page -7W ITEM NO. OWNER AND PROPERTY DESCRIPTION QUANTITY ASSESSED DESCRIPTION OF ASSESSMENT RATE AMOUNT TOTAL AMOUNT ASSESSED 24. Adolph C. Conrad 60.00 L.F. C.G.& Pvmt. 4.75 285.00 4329 Starlite Ln. 78410 200.00 S.F. S/W 75 150.00 Lot B, Blk. E 7.56 S.Y. D/W 1 -10' 18.11 136.91 Annaville Addn. 2 571'.91 25. Burrell Lemon 60.00 L.F. C.G.& Pvmt. 4.75 285.00 4325 Starlite Lua. 78410 192.00 S.F. S/W .75 144.00 Lot C, Blk. E 8.78 S.Y. D/W 1 -12' 18.11 159.01 - Annaville Addn. 2 588.01 26. Charles K.:Brett et ux 60.00 L.F. C.G.& Pvmt. 4.75 285.00 4321 Starlite Lane 200.00 S.F. S/W .75 150.00 Lot D, Blk. G' 78410 7.56 S.Y. D/W 1 -10' 18.11 136.91 571.91 Annaville Addn. @ 27, J. W. Honeycutt, Sr. 60.00 L.F. C.G.& Pvmt. 4.75 285.00 % G. M. Baker 78404 200.00 S.F. S/W •75 150.00 314 Melrose 7.56 S.Y. D/W 1 -:10' 18.11 136.91 571.95 Lot E, Blk. E Annaville Adds. 2 28. M. A. Sanford 60.00 L.E. C.G.& Pvmt. 4.75 285.00 - 4313 Starlite Lane 192.00 S.F. S/W .75 144.00 Lot F. Blk. E 78410 8,78 S.Y. D/W 1 -:12' 18.11 159.01 588.01 Annaville Addn. 2 29• Max E. Morgan 49.00 L.F. C.G.& Pvmt. 4.75 232.75 430.9 Starlite Ln. 150.00 S.F. S/W •75 117.00 N.E. 49 x 150' Lot G 7.56 S.F. D/W 1-10, 18.11 136.91 486.66 Blk. E, Annaville Addn.2 78410 Page ITEM NO. OWNER AND PROPERTY DESCRIPTION QUANTITY ASSESSED DESCRIPTION OF ASSESSMENT RATE AMOUNT TOTAL AMOUNT ASSESSED 30. Roy Graham 71.00 S.F. C.G.& Pvmt. 4.75 337.25 4305 Starlite Lw- 244:00 S.F. S/W • °75 183;00. S.E. 11' of G & all 7.56 S.Y. D/W "1=10' 18.11 136.91 Lot H, Blk. E 657.16 Annaville 2 78410 31. Mr. & Mrs. H. J. Anders 60.00 L.E. C.G.& Pvmt.- 4.75 285.00 4301 Starlite In. 240.00 S.F. S/W .75 180.00 Lot 1, Blk. E - 0 - S.Y. D/W 1 -12' 18.11 - 0 - 465.00 Annaville 2 78410 32. Mr. & Mrs. H. J. Anders 52.48 L.F. C.G.& Pvmt. 4.75 249.28 4301 Starlite Ln. * 14.00 L.E. C.G.& Pvmt. 1.66 23.24 Lot J, Blk. E 7.56 S.Y. D/W 1 -101_ 18.11 136.91 Annaville 2 163.92 S.F. S/W .75 127.44 536.87 • *Return on Annaville Rd. 35% on side 78410 VTTJ- . ROAD INTERSECTION 33. Oma Weeks 407.23 L.F. C.G.& Pvmt. 10.31 4,198.54 4249 Starlite In. * 15.00 L.F. C.G.& Pvmt. 10.31 154.65 Lot 21, Blk. D ,778.54 S.F. S/W 4.5' .75 1,333.91 Annaville Addn. 2 5.78 S.Y. D/W 1 -12' 18.11 159:01 3�4bi� 78410 *3,462.46 *Reduced by C.A. 34• Hipolito Cantu S 175.00 L.F. C.G.& Pvmt. 2.38 416.50 10802 Mayfield Dr. F * 14.50 L.F. C.G.& Pvmt. 4.75 68.88 Lot 21, Blk. 2 652.00 S.F. S /Sd .38 247.76 Shady Acres Subd. 78410 8.78 S.Y. D/W 1 -12' 18.11 159.01 892.15 *Return on Mayfield Dr. 0 Page �- ITEM NO. OWNER AND PROPERTY DESCRIPTION QUANTITY ASSESSED DESCRIPTION OF ASSESSMENT RATE AMOUNT TOTAL AMOUNT ASSESSED MAYFIELD DR. INTERSECTION 35. Quienbie A. Elam S 175.00 L.F. C.G.& Pvmt. 2.38 416.50 10801 Mayfield Dr. F * 14.50 L.F. C.G.& Pvmt. 4.75 68.88 Lot 21, Blk. 1 78410 620.00 S.F. S/W ,38 235.60 Shady Acres Subd. 15.12 S.Y- D/W 2 -10v 18.11 273.82 *Return on Mayfield Dr. 994.80 36. W. J. Miller 200.00 L.F. C.G.& Pvmt. 10.31 2,062.00 4137 Starlite Lu. 78410 792.00 S.F. S/W 4.5' .75 594.00 Lot 50 16.34 S.Y. D/W 1•-10' & 18.11 295, 9.2 Nueces Gardens 2 1 -12' - *ftduced by C.A. *1,839.92 37. J. P. Benkendorfer 200.00 L.F. C.G.& Pvmt. 10.31 2,062.00 4117 Starlite Ln. 792.00 S.F. S/W .75 594.00 Lot 49 78410 16.34 S.Y. D/W 1 -10' & 18.11 295.92 Nueces Garden 2 1 -12' *1;839.92 *Reduced by C.A. 38• J. P. Satchitt 200.00 :,.F C.G.& Pvmt. 10.31 2,062.00-. 4109 Starlite Ln. 792.00 S.F. S/W ,75 594.00 Lot 48 78410 17.56 S.Y D/W 2 -12' 18.11 318.01 Nueces Gardens 2 *Reduced by C.A. 1,839:92 38a. Jose L. Cortez 100.00 L.F C.G. & Pvmt. 10.31 1,031.00 4045 Starlite Ln. 396.00 S.F. S/W .75 297.00 Lots 47A & 47B 78410-,- -- 8.78 S.Y. D/W 1 -12' 18.11 159.01 -t,48g81 Nueces Gardens 2 *Re uced by C.A. * 931:01 C.C. Congregation 39- of JehovahsIfitnesses.' 135.00 L.F C.G. & Pvmt. 4.75 641.25 West Unit - 340.00 =1S.F S/W ,75 255.00 4935 Starlite Ln. 33.44 S.Y D/W 2 -25' 18.11 605.60 Lot 47B 1,501.85 Nueces Gardens: 78410 • Page 10 IfiEM NO. OWNER AND PROPERTY DESCRIPTION QUANTITY ASSESSED DESCRIPTION OF ASSESSMENT RATE AMOUNT TOTAL AMOUNT ASSESSED 40. Lewis W. Williams 235.00 L.E. C.G.& Pvmt. 10.31 2,422.85 10638 Westwood Dr. ,003.50 S.F. S/W 4.5' .75 752.63 Lot 46 78401 $•78 S.Y. D/W 1 -12' 18.11 159.01 Nueces Gardens 2 *Reduced -g;9g9 *2,027.09 y C.A. 41. Henry L. Duecker 170.00 L.F. C.G.& Pvmt. 10.31 1,752.70 '% C.P. Spraggins 632.00 S.F. S/W .75 533.25 Rt. 1, Box 36, Devine,Ts. 8.78 S.Y. D/W 1 -12' 18.11 159.01 Nueces Gardens 2 78016 I I; t '45 1,499.76 *Reduced by C.A. 42. Robert E. Brennan 170.00 L.F. C.G.& Pvmt. 10.31 1,752.70 9995 Roundtree Cir. 680.00 S.F. S/W .75 573.75 Lot 44 78410 - 0 - S.Y. D/W 18.11 - 0 - Nueces Gardens 2 *Reduced by C.A. 1,381.25 43. Mrs. A.M. Fulton 170.00 L.F. C.G. & Pvmt. 10.31" 1,752.70 3926 Leopard * 15.50 L.F. C.G.& Pvmt. 10.31 159.81 Lot 43 680.00 S.F. S/W .75 573.75 Nueces Gardens 2 - 0 - S.Y. D/W 18.11 - 0 - 1 -26 *Ret. on Sunny Dr. **Reduced by C.A. * *1,454.88 SUNNY DRIVE NTERSECTION 44. Mrs. .A: M. Fulton 30.00 L.F. C.G.& Pvmt. 10.31 309.30 3926 Leonard k 15.50 L.F. C.g. & Pvmt. 10.31 159.81 N.E. 100' of Lot 42 120.00 S.F. S/W .75 - 0__ Nueces Gardens - 0 - S.Y. /W 18.11 - 0 - 469:x! *Return an Sunny Dr. * *216.13 439, on side *Reduced by C.A. PRELIKXARY AS ESSMENT STARLI E LANE STARFS LANE TOTAL F $59,047.69 WE E I 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 100T RULE OR PLAN ", which rule or'pIan 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 amoaat 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 /470 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: P7dtch 31, _ Lg7ti- .and a personal liability and charge g 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 owners 1. All.in cash within 30 days after completion or acceptance by City;. or -. �• 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- cammen_•sng on the lst day of the next succeeding month and continuing thereafter on the 1st day of each succeeding month until the entire sum is geld 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 °21° 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 am ount 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 owners 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 ' nforcement 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 Mayor in the name of the City, attested by the City Secretary, with the corporate seal of said City, and which certificates shall declare the amounts of said .assessments and the times and terms thereof, the rate of interest thereon, the date of the completion and acceptance of the improvements for which the certificate is issued' and shall contain the names of the apparent true owner or owners as accurately as possible, and the description of the property assessed by'lot and block number, or front foot thereof, or such other description as may otherwise identify the same, and if the said pro- perty shall be owned by an estate or firm, then to so state the fact shall be,'sufficient and no error or mistake in describing such property or in giving the name of any owner or owners, or otherwise, shall in anywise Invalidate or impair the assessment-:levied hereby or the certificate issued in evidence thereof. That said certificate shall further provide substantially that if default shall be made in the payment of any installment of principal or interest-when due, then at the option of the City, its successors, or assigns, or the holder thereof, the whole of said assessment 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: Marth 31, 1976 and shall provide in effect that if defaiift 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 fokce 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 certi€icates,'have been regularly done and performed, which recitals shall be evidence of all the matters sad facts so recited and no further proof thereof shall be requl ed 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. emd 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 Axone of the property owner, or the description of any property or the emount 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 11 . 10 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 o£ any part or parcel of property abutting upon the aforementioned streets, which is exempt from the lien of said assess- meat, 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 ay of O ATTEST:. /l L�Zn -A `Z�l a sQiln .�Oir�� City Secretary MAYOR / THE CITY OF CORPUS CHRISTI, TEXAS APP VED: DAY OF -City Attorney r CORPUS CHRISTI, TEXAS DAY OF TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN- SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; 1, THEREFORE, REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI- NANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, (2, - — �"J� MAYOR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JASON LuBY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GAGE LOZANO, SR. EDWARD L. SAMPLE THE ABOVE ORDINANCE WAS PASSED BY JASON LueY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE