HomeMy WebLinkAbout13464 ORD - 11/03/1976jkh:11-1 -76; 1st
,
AN ORDINANCE
CLOSING THE HEARING ON STREET IMPROVEMENTS FOR THE
FOLLOWING STREETS:
1. Calallen Drive, from Smith Drive to Burning Tree Lane,
west side only;
2. Up River Road, from Cantwell Drive to Van Cura Drive,
south side only;
3. Carroll Lane, from Wesleyan Church to connection with
existing sidewalk, west side only; and
4.- McArdle Road, from Broughton Drive to Carroll Lane,
north side only,
AND FINDING AND DETERMINING THAT PROPERTY ABUTTING
SAID STREETS WILL BE SPECIFICALLY BENEFITED AND
- ENHANCED IN VALUE IN EXCESS OF COST OF THE IMPROVE-
MENTS AND LEVYING AS ASSESSMENT; FIXING A LIEN AND
CHARGE „ THE MANNER AND TIME OF PAYMENT AND COLLEC-
TION; AND,DECLARING AN EMERGENCY.
WHEREAS, the City Council of Corpus Christi, Texas, by
duly enacted ordinance passed and approved on the 29th day of
September , 1976, determined the necessity for., and ordered the
improvement of the following streets:
1. Calallen Drive, from Smith Drive to Burning Tree Lane,
west side only;
2. UpRiver Road, from Cantwell Drive to Van Cura Drive,
south side only;
3. Carroll Lane, from 4esleyan Church to connection with
existing sidewalk, west side only; and
4. McArdle Road, from Broughton Drive to Carroll Lane,
A north side only,
ti
MICROFILMEO
J11N 3 01900
13464
in the manner and according to the plans and specifications
heretofore approved and adopted by the City Council by ordi-
nance dated September 29 , 1976, a duly executed notice of
said ordinance having been filed in the name of the said 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 improve-
ments to their lowest and most advantageous bid and said contract
has been awarded to B'& B Builders
as authorized by ordinance No. dated November 3 , 1976,
and the performance bond required by said contract has been pro-
perly 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 portion of the aforesaid streets within the limits 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
2
WHEREAS, said City Council, by duly enacted ordinance
dated September 29 , 1976 , did determine the necessity of
levying an assessment for that portion of the cost of construct-
ing 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 September 29,
19 76, did order and set a hearing to be held at 4:00 P.M. on
the 27th day of October , 1976, at City Council Chambers, 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
of abutting property and the real and true owner or 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 streets 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 streets being improved by mailing such notice at least four-
teen (14) days prior to the hearing to such owners and by publish-
ing three times notice of such hearing in the Corpus Christi Times,
the first of which publication was at least twenty -one (21) days
3
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
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 October 27 , 19 76, in Council Chambers at City HalI
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, 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:
4
Minutes
Regular Council Meeting
October 27, 1976
Page 6
City Manager Townsend then announced the scheduled public hearing on the
i
preliminary assessment roll for Sidewalk Program Unit VIII on Calallen Drive, from
Smith Drive to Burning Tree Lane, west side only; on Up River Road, from Cantwell
Drive to Van Cura Drive, south side only; on Carroll Lane, from Wesleyan Church to
connection of existing sidewalk, west side only; and on McArdle Road, from Broughton
Drive to Carroll Lane, north side only.
Mr. James Lontos, Director of Engineering and Physical Development, described
the project for construction of 4' wide, 4" thick reinforced sidewalks on the streets
listed above to improve the safety of pedestrian traffic. He informed the Council
that the contract was awarded to B & B Builders on the basis of their low bid; that
construction would start in to two weeks and stuuld be completed within two - and -a -half
months. Mr. Lontos explained the assessment rates for the project per square foot,
and stated that the total contract price was $27,349.64, the preliminary assessments
total $9,625.56, resulting in a total City cost of $17,724.08. He outlined the terms
of repayment for the assessments. He added that the Staff concurs with the reduction
recommended for item 1 by Mr- Bill Holly, real estate appraiser.
Assistant City Attorney Jerry Benadum called as his next witness real estate
dealer and appraiser Mr. W. J. (Bill) Holly, Jr., and questioned Mr. Holly 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. Holly replied to Mr. Benadum that he had examined each and
every parcel of land involved in the project and that, subject to his suggested
revision on Item 1 which the Staff concurs with, in his opinion each piece of property
on the assessment roll would be enhanced in value at least to the extent of the
assessment.
Mr. Benadum stated that concluded the testimony from the City.
Mayor Luby then opened the floor for discussion from the audience, and Col.
Frederick A. Lupton addressed the Council relative to his property (Item 1, Lot No.
26, Block A, River Forrest Addition.) He asked for more consideration than the
reduction from $605.88 to $468.54, saying he feels the assessment is unreasonable
because CP &L has a 40' easement on the property. He also told that at the time he
agreed to support the project, he understood he would only have to pay what the other
nearby property owners would pay - -which would be $240. He added that he has no need
Mii.,,..es
Regular Council Meeting
October 27, 1976
Page 7
for sidewalks on his lot but recognizes the safety factor involved. Col. Lupton
also informed the Council of a drainage problem on his property which overflows
his septic tank. The Staff responded they would check into it.
Attorney Benadum again called Mr. Holly to the stand, asking him if he took
into consideration the existing utility easement on Col. Lupton's property when he
appraised it. Mr. Holly replied that he did, and again explained the dimensions of
the lot and his recommendation.
After discussion, it was the consensus of the Council that the assessment for
Item 1 owned by Col. Lupton be reduced to $240, which would be the same as the other
lots.
Motion by Tipton, seconded by Sample and passed unanimously, that the hearing
be closed.
Mayor Luby then called for the City Manager's Report. City =1976th,
pre nted the following items, with related comments and explanatio
a. Recommendation that a public hearing be held on November , /
nnexation of McKenzie Road from the City limits just north of ,H 37
t that portion of the road being dedicated by the developers Castle
Riv Unit I Subdivision.
b. Recomme ation that bids be received at 11:00 a.m., Tuesday, November 23,
1976 for a printing, collating, and assembly of 500 pity Zoning Map
Books. The ooks are then sold to the public and va4ous City operations
at a price su ficient to cover the cost of production.
C. Recommendation t t bids be received at 11:00 A.M., Tuesday, November 16,
1976 for 1976/77 r uirements of tires and tubes as follows:
1. 250 Police pursuit pecial fabric radii�,/ tires.
2. 1,450 passenger and ght commerci�! tires and 840 tubes.
3. 735 truck and trailer re s and 1/,200 tubes.
4. 100 farm and industrial res d 94 tubes.
5. 90 heavy equipment and of ro d tires and 120 tubes.
d. Recommendation that an ambula ce a one -ton cab and chassis with dual
rear wheels be purchased fr Modul Ambulance Corporation, Grand Prairie,
on the basis of the only d received f $22,228.65. Price comparison
shows an increase of ap oximately 25.7 since April, 1973, partly due to
revision in the speci cations to provide dual rear wheels, wide rear axle
and body and increa ed gross vehicle weight from 8,000 to 10,000 pounds.
The changes were signed to increase vehicle stability and handling on
the road. Fund for the purchase were carried ver from the 1975 -76 budget.
e. Recommendat n that the General Fund be reimbursed 27,495.29 for engineering
services r various Bond and Community Development p Xcotructed ng September,
and tha an additional $15,629.71 be appropriated.
f. Rec endation that duck blinds be prohibited within the shoreline
o Laguna Madre. During duck hunting season, blinds cted in the
aguna Madre. Pellets from shotguns often reach sharrearm is
discharged in that direction. The existing ordinance hunting
and the unauthorized discharge of firearms of any dess a the
City limits and within 400 feet of the City limits is unlawful, exc t in
Laguna Madre where duck hunting is allowed in season. Requiring duck
hunting blinds and structures to be 400 feet from shore will help to pr vent
the discharge of firearms near the shore and occupied homes.
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 com-
pared 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 protests and objections
relative to such matters and as to any errors, invalidities 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, testi-
mony and statements, said City Council finds that each and every par-
cel 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 construction of said improve-
ments 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 there-
of, and said City Council did consider and correct all errors, invali-
dities or deficiences called to its attention and did find that all
5
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 improvements, and in all respects to be valid and regular;
and said City Council did further find upon said evidence that
the assessments hereinbelow 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 equit-
able, and as producing substantial equality considering the bene-
fits 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 testi-
mony for or against said improvements, said hearing granted to the
real and true owners of abutting property on said streets, within
the limits above defined, and to all persons, firms, corporations
and estates, owning or claiming same or any interest therein, be
and the same is hereby closed and all protests and objections,
whether specifically mentioned or not, shall be, and the same are
hereby overruled and denied.
SECTION 2. That said City Council hereby finds and
determines upon the evidence heard in reference to each and every
parcel or property abutting upon the aforesaid streets, within the
6
limits defined, that the special benefits in the enchanced value to
accrue to said property and the real and true owner or owners there-
of, 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 con-
sidering the 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 ordinance, duly
enacted by said City Council, authorizing and ordering the improve-
ments 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 im-
provements 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
7
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 opposit 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:
8
10 -27 -76
CORRECTED
PRELIMINARY ASSESSMENT ROLL
SIDEWALK PROGRAM UNIT VIII
This project includes the construction of 4' wide 4" thick reinforced
sidewalks on the streets listed below for the purpose of improving the
safety of pedestrian traffic. The streets that are to be improved as
mentioned above are:
1. Calallen Drive, from Smith Drive to Burning Tree Lane, West side only;
2. Up River Road, from Cantwell Drive to Van Cure. Drive, South side only;
3. Carroll Lane, from Wesleyan Church to connection of existing sidewalk,
West side only;
4. McArdle Road, from Broughton Drive to Carroll Lane, North side only;
The assessment rate has been calculated in accordance with the City's
assessment policy, and the low bid submitted by B & B Builders based on
the above policy the assessment rate is:
JKL /lo
Sidewalk @ $0.75 per square foot
Total Bid Price $27,349.64
Preliminary Assessment 9,259.68
TOTAL CITY COST $18,089.96
EL G _
James K. ontos P.S., Director
Engineering & Physical Development
Page I
ITEM
NO.
OWNER AND
PROPERTY DESCRIPTION
QUANTITY
ASSESSED
DESCRIIPTION
OF
ASSESSMENT
RATE
AMOUNT
TOTAL
P140UNT
ASSESSED
SIDEWALK P
GRAM UNIT VIII
CALAL
EN DRIVE
FR
)M SMITH DRIV
TO BURNING TR
E LANE
WE
3T SIDE
1.
Frederick A. Lupton
807.84 S.F.
S/W
.75
605.88
4701 Calallen Dr.'
*240.00
Lot 26, Blk. A
*Reduced
by Council
Action
River Forest Addn.
2.
Melvin B. O'Bryant
320.00 S.F.
S/W
.75
240.00
240.00
4709 Calallen Dr.
Lot 25, Blk. A
River Forest Addd.
3.*
Almon R. Montgomery
320.00 S.F.
S/W
.75
240.00
240.00
4717 Calallen Dr.
Lot 24, Blk. A
River Forest Addn.
4.
James J. McMarken
320.00 S.F.
S/W
.75
240.00
240.00
4717 Calallen Dr.
Lot 23, Blk. A
River Forest Addn.
5.
Edward D. Loften
320.00 S.F.
S/W
.75
240.00
240.00
4721 Calallen Dr.
Lot 22, Blk. A
River Forest Addn.
Page 2
ITE14
NO.
OWNER AND
PROPERTY DESCRIPTION
QUANTITY
PSSESSED
DESCRIPTION
OF
ASSESSMENT
RATE
AMOUNT
TO SL
F_'•MOUNT
ASSESSED
6.
James Hogan
320.00 S.F.
S/W
.75
240.00
240.00
4725 Calallen Dr.
Lot 21, Blk. A
River Forest Addn.
7.
Dorothy S. Bell
320.00 S.F.
S/W
.75
240.00
240.00
4729 Calallen Dr.
Lot 20, Blk. A
River Forest Addn.
8.
Homer Villarreal
320.00 S.F.
S/W
.75
240.00
240.00
4733 Calallen Dr.
Lot 19, Blk. A
River Forest Addn.
9.
Roy Gott
320.00 S.F.
S/W
.75
240.00
240.00
3901 Starlite Ln.
Lot 18, Blk. A
River Forest Addn.
10.
Elmer Davis Barber
320.00 S.F.
S/W
.75
240.00
240.00
4807 Calallen Dr.
Lot 17, Blk. A
River Forest Addn.
11.
A. R. Ramirez
320.00 S.F.
S/W
.75
240.00
240.00
4809 Calallen
Lot 16, Blk. A
River Forest Addn.
Page
ITEM
NO.
OWNER AND
PROPERTY DESCRIPTION
QUANTITY
ASSESSED
DESCRIPTION
OF
ASSESSMENT
RATE
AMOUNT
TOTAL
AMOUNT
ASSESSED
12.
Patrick D. Leyethy
320.00 S.F.
S/W
.75
240.00
240.00
151 -A River Forest
Lot 15, Blk. A
River Forest Addn.
13.(S)
Frank Robinson
460.00 S.F.
S/W
•38
174.80
174.80
13601 River Forest
Lot 14, Blk. A-
River-'Forest Addn.
RIVER FOREST
DRIVE INTERSEC
ION
14.(S)
Joe Cutler
460.00 S.F.
S/W
.38
174.80
174.80
13602 River Forest
Lot 13, Blk. E
River Forest Addn.
15.
Elmo S. Masters
340.00 S.F.
S/W
.75
255.00
255.00
4909 Calallen Dr.
Lot 14, Blk. E
River Forest Addn.
Page 4
ITE14
NO.
OWNER AND
PROPERTY DESCRIPTION
QUANTITY
ASSESSED
DESCRIPTION
OF
ASSESSMENT
RATE
AMOUDIT
TOTAL
piI6T-:T
ASSESSED
MESQUITE T
ZA.IL INTERSECTZ
N
16.
Manfred M. Scheurich
340.00 S.F.
S/W
.75
255.00
255.00
Box 10101
Lot 1, Blk. J
River Forest Addn.
17.
Nueces Inv. Corp.
640.00 S.F.
S/W
.75
480.00
480.00
Rt. 8, Box 249B
San Antonio, Tx. 78228
Lots 2 -3, Blk. F
River Forest Addn.
18.
Jessie E. Simmons
320.00 S.F.
S/W
.75
240.00
240.00
5013 Calallen Dr.
Lot 4, Blk. F
River Forest Addn.
19.
Don Smith Co.
320.00 S.F.
S/W
.75
240.00
240.00
Rt. 8, Box 542A
San Antonio, Tx.
Lot 5, Blk. F
River Forest Addn.
20.
J. L. Keller
340.00 S.F.
S/W
.75
255.00
255.00
Berl Himes
925 Barracuda
Lot 6, Blk. F
R-f —, Fes, - .. eaa
Page
ITEM
NO.
OWNER AND
PROPERTY DESCRIPTION
QUANTITY
ASSESSED
DESCRIPTION
OF
ASSESSMENT
RATE
AMOUNT
TOTAL
AMOUNT
ASSESSED
MOUNTAIN TZAIL
INTERSECTI
N
21.
Willard T. Martin, Jr.
560.00 S.F.
S/W
.75
420.00
420.00
P. 0. Box 969
Robstown, Tx. 78380
Lot 15, Blk. F
River Forest Addn.
22:
Don Smith Co.
540.00 S.F.
S/W
.75
405.00
405.00
Rt. 8, Box 542A
_
San Antonio, Tx. 78228
Lot 16, Blk. F
River Forest Addn.
BURNING TREE
LANE INTERSECT
ON
END OF CA
ALLEN DRIVE
WF
T SIDE
UP R
VER ROAD
ROM CANTWELL
DR. TO VAN CUR
DR.
SOU
CH SIDE
23.
Diamond Shamrock Corp.
288.00 S.F.
S/W
.75
216.00
216.00
P. 0. Box 631
Amarillo, Tx. 79105
Lot 6, Blk. 2
Page 6
ITEM
NO.
OWNER AND
PROPERTY DESCRIPTION
QUANTITY
ASSESSED
i
: DE86RIPTTION
OF
ASST
RATE
AUNT
TOTAL
AUNT
ASSESSED
23A.
Jack Jester
172.32 S.".
S/W
.75
129.24
129.24
P. 0. Box 1392
Lot 5, Navigation Hts.
24.
James H. Belanger, Jr.
722.08 S. I.
S/W
.75
541.56
541.56
629 Chamberlain
A Kubela
25.
Nat W. Hardy, Est.
545.80 S.).
S/W
.75
409.35
409.35
P. 0. Box 6277, 78411
Lot 1, Blk. 2,
Geistman.Tract
LYNCH DRIVE
INTERSECTION
26.
Nat W. Hardy
545.80 s.
. S/W
.75
409.35
409.35
P. 0. Box 6277
Lot 1, Blk 1
Geistman Tract
27.
City of Corpus Christi
494.36 s.
. S/W
.75
- 0 -
- 0 -
Lot 31- 32 -33, Blk. 1
Van Cura Addn.
VAN CUBA D1.
INTERSECTION
END OF Ur
RIVER ROAD
SOM
H SIDE
Page 7
ITEM
NO.
OWNER AND
PROPERTY DESCRIPTION
QUANTITY
ASSESSED
DESCRIPTION
OF
ASSESSMENT
RATE
AMOUNT
TOTAL
AMOUNT
ASSESSED
CARR
LL LANE
BEGINNING AT
1ST. WESLEYAN
H.
WE
)T SIDE
28.
1st. Wesleyan Church
420.00 S.F
S/W
.75
315.00
315.00
5405 Carroll Lane
Lot 14, Elk. 21
Lynwood P1. Unit 3
END AT 1ST
WESLEYAN CH.
WET
SIDE
MC
LE ROAD
ROM BROUGHT04
DR. TO CARROL
LANE
NORCH
SIDE
29.()
Michael T. Montemarro
480.00 S.F
S/W
.38
182.40
182.40
4838 Broughton
Lot 18, Elk. 8
Central Park
30 ()
W. L. Fuller
480.00 S.F
S/W
.38
182.40
182.40
4837 Moravian
Lot 19, Elk. 8
Central Park
MORANIAN D
IVE INTERSECTI
N
Page 8
ITF14
NO.
OWNER AND
PROPERTY DESCRIPTION
QUANTITY
ASSESSED
DESCRIPTION
OF
ASSESSMENT
RATE
AMOUNT
TOTAL
Pii6 Vl
ASSESSED
31.()
Henry Gorman, et ux
480.00 S.F
S/W
.38
182.40
182.40
4838 Moravian
Lot 18, Blk. 9
Central Pakk
32.()
Ariel N. Cantu
480.00 S.F
S/W
.38
182.40
182.40
4837 Kosarek
Lot 19, Blk. 9
Central Park
KOS
K DRIVE
33.()
C.T. Sanchez, et ux
480.00 S.F.
S/W
.38
182.40
182.40
229 Edward
Lot 18, Elk. 10
Central Park
34.
S)Edmund Garcia, Sr.
480.00 S.F
S/W
.38
182.40
182:40
4837 Mokry
-
Lot 19, Blk. 10
Central Park
MOKRY DRI
E INTERSECTION
Page 9
ITEid
NO.
OWNER AND
PROPERTY DESCRIPTION
QUANTITY
ASSESSED
DESCRIPTION
OF
ASSESSMENT
RATE
AMOUNT
TOTAL
P.MOU,'NT
ASSESSED
35.(S)
Alfredo C. Carrisales
480.00 S.F
S/W
.38
182.40
182.40
4838 Mokry
Lot 18, Blk. 11
Central Park
36. (S)
Antonio M. Ramon
481.00 S.F
S/W
.38
182.78
.182.78
4853 Carroll Lane
Lot 19, Blk. 11.
Central Park
CARROLL LAN
INTERSECTION
END OF M
ARDLE ROAD
NOR
SIDE
4Q, 2Si.Gs
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 hereinabove 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 here-
in 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 hereinafter provided for, issued to evi-
dence 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 comple-
tion of said work on said street, and the findings of the Director
9
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 abutt-
ing 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 Section 4 thereof,
together with interest thereon at the rate of five and one -
quarter (5 1/4%) per annum with reasonable attorney's fee and all
costs and expenses of collection, if incurred, are hereby declared
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:
September 29 , 1976, and a personal liability and charge against
the real and true owner or owners be named or correctly named here-
in, and that said lien shall be and constitute the first and prior
enforceable claim against the property assessed and shall be a
first and paramount lien superior to all other liens, claims or
title, except for lawful ad valorem taxes; and that the same so
assessed shall be paid and become payable in one of the following
methods at the option of the property owner:
1. All in cash within 30 days after completion or accep-
tance by City; or
2. Payments to be made in maximum of 60 equal install-
ments, the first of which shall be paid within 30 days
after the completion 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
until the entire sum is paid in full, together with
interest from the date of said completion and accep-
tance by the City, until paid, at the rate of five and
10
one -forth percent (5 1/4 %) per annum; provided,
however, that the owners of said property avail-
ing themselves of option 112" 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, 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 assess-
ments, the liens securing same and the several sums assessed against
the said parcels or property and the real and true owner or owners
thereof and the time and terms of payment, and to aid in the en-
forcement thereof, assignable certificates 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 accept-
ance 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
11
property or in giving the name of any owner or owners, or
otherwise, shall in anywise invalidate or impair the assess-
ment levied herebv or the certificate issued in evidence there-
of.
That said certificate shall further provide substan-
tially that if default shall be made in the payment of any in-
stallment 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
attorney'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, and that said lien is first and paramount thereon,
superior to all other liens, titles and charges, except for law-
ful ad valorem taxes, from and after the date said improvements
were ordered by said City Council, to -wit: September 29_, 1976 ,
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 pro-
perty 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 regular-
ly 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.
12
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 property 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 assessment or in the certificate issued in evidence there-
of, 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 of parcel of property abutting upon the aforementioned
streets, which is exempt from the lien of said assessment, 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 assessments
13
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 Charter of the City of Corpus Christi,
Texas, under which terms, powers and provisions said proceedings,
said improvements and assessments were hand 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 condi-
tion 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 neces-
sity exists, and having requested that said Charter rule be suspended,
and that this ordinance be passed finally on the date of its intro-
duction and take effect and be in full force and effect from and
after its passage, IT IS ACCORDINGLY SO ORDAINED, this the
day of November 1976
ATTEST: r
AP VED:
DAY OF November , 19 76
J. BRUCE AYCOCK, CITY ATTORNEY
By
Assistant CiU, A torney
�3 "At
MAYOR PIQ-JM
THE CITY OF CORPUS C RISTI, TEXAS
CORPUS CHRISTI TEXAS
DAY OF �'jlliliGf�C� 19 /�
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI TEXAS
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING
ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN-
SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SMALL
BE PASSED FINALLY ON THE DATE IT 13 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
MAYOR Plo•Tem
THE CITY OF CORPUS CHRI Vil TEXAS
THE CHARTER RULE WAS SUSPENDED BY TN
FOLLOWING VOTE:
JASON LUBY
DR. BILL TIPTON
EDUARDO DE ASES
RUTH GILL
BOB GALLEY
GABE LOZANO, SR.
EDWARD L. SAMPLE
THE ABOVE ORDINANCE WAS PASSED BY THA FOLLOWING VOTE:
JASON LUBY
DR. BILL TIPTON
EDUARDO DE ASES
RUTH GILL
8013 GALLEY
GABE LOZANO, SR.
EDWARD L. SAMPLE
' s