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HomeMy WebLinkAbout13822 ORD - 07/06/19771 Uw 3 4 . AN ORDINANCE CLOSING THE HEARING ON STREET IMPROVEMENTS FOR THE FOLLOWING STREETS: COOPER'S ALLEY EXTENSION AND TELCO STREET, FROM 100 FEET EAST OF CHAPARRAL STREET TO TANCAHUA STREET, INCLUDING 250 FEET OF CARANCAHUA STREET NORTH OF TELCO STREET AND A PORTION OF MESQUITE STREET AT COOPER'S STREET, PROJECT NO. MH -281, 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, TNT MANNER AND TINE OF PAYMENT AND COrTTEC- TION; AND DECLARING AN EMERGENCY. IgHE.REAS, the City Council of Cotpus Christi, Texas, by duly enacted ordinance passed and approved on the _15-t_day of June_, 7.9 77, determined necessity for, ar_d ordered the improvement: of the following streets: Cooper's Alley Extension and Telco Street, from 100 feet east of Chaparral Street to Tancahua Street, including 250 feet of Carancahua Street north of Telco Street and a portion of Mesquite Street at Cooper's Street, Project No. MH -281, , tT in the manner and according to the plans and specifications heretofore approved and adopted by the City Council by ordi- nance dated June 1 , 1977, 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 WIIEREAS, the said City Council has caused the Director .. of Engineering and Physical Development to prepaxe and file estimates of the cost of such improvements and estimates of the amount per iron% 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 MICROFILMED -JUL 0 `7 1980 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 June 1 , 1977, 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;ther_eof, and by ordinance dated June 1 , 1977, did order and set a hearing to be held at 3:00 P.M. on the 29th day of June 1977, at City Hall, City Council Chambers 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 -2- 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 June 29- , 1977, in the Council Chambers at 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 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: -3- Minutes Regular Council Meeting June 29, 1977 Page 10 6. He asked the Council to waive this fee for the organization to use the Amphi- theat on a weekend night some time in August. Fu her discussion followed on this matter and Council Member Gulley sug- gested that th T -Head be considered for this event, and Council Member Gill men- tioned the possibi ',y of using the Front Porch at the Corpus Christi Museum. City Manager To end explained the necessity for the charge for use of the Amphitheater citing the over 'me pay for staff, maintenance, policing the area, and other expenses involved. He sta d that since this is handled by the Park and Recreation Department, he would have meone check on this charge and work with Mr. Zapata on the arrangements. City Manager Townsend informed the Council \he gree, he planned to attend a meeting of the Water Task Force, which ry group appointed by the Governor, on Thursday, June 30, in Austin, e had been invited to appear before the group. 'The Council indicated a The Council meeting was recessed at 2:55 p.e sch %led 3:00 p.m. public hearing on assessments in connection with the improvements oe Alley. The Regular Council Meeting was reconvened at 3:00 p.m. City Manager Townsend stated that the purpose of the public hearing is to approve the preliminary assessment roll for the street improvements for Cooper's Alley Extension and Telco Street, from 100 feet east of Chaparral Street to Tancahua Street, and including 250 feet of Carancahua Street north of Telco Street and a por- tion of Mesquite Street at Cooper's Alley. City Attorney Aycock stated that the purpose of this public hearing is to develop evidence to determine the amount of assessments of property owners on the streets to be improved. City Attorney Aycock called on Mr. James K. Lontos, Director of Engineering and Physical Development, to present testimony on the proposed assessments. Minutes Regular Council Meeting June 29, 1977 Page 11 Mr. Lontos was questioned by City Attorney Aycock as to his qualifications and stated that a formal resume of his qualifications is on file in the office of the City Secretary. Mr. Lontos explained the scope of the project and pointed out the portions of the streets to be improved on a map. He stated that the improve- ments will consist of excavation to a width and depth to provide for the construc- tion of a street width varying from 24.5' to 45' back to back of curb. Mr. Lontos further stated that the project is being jointly constructed by the City and the State Department of Highways and Public Transportation and the plans, as prepared by the State, provide for two -way traffic movement to the downtown area and travel- ing westward. He also informed the Council that the plans include curbs, gutters, sidewalks, traffic islands, inlets, driveways, and the existing street, which is offset, will be aligned. He also stated that the plans specify the use of 8" flex- ible and 2" hot -mix asphalt concrete. In regard to funding, Mr. Lontos stated that Abacus Corporation was the low bidder on the project, and the total contract price is $174,282.67; the State will provide, through the Urban Systems Program, $105,821.47; preliminary assessments total $31,598.38; and the City's portion is $68,461.20. Mr. Lontos explained the various charges for different property owners and stated that, in accordance with the City's assessment policy, the property owners may pay their entire assessment following completion of the project, or may pay in monthly installments at an interest rate of 5�4Y. Council Member Gulley inquired about the plans for the islands. Mr. Lontos stated that the plans specify brick islands with some planters in the area. Mr. Gulley suggested the installation of some type of sculptures for the islands. Council Member Sample inquired if the entire street improvements will have 8" flexible base. Mr. Lontos indicated that the street will have the 8" flexible base with the exception of the streets that are in good condition, on which there will be only an overlay. City Manager Townsend summarized that this project will provide two -way traffic on Cooper's Alley, Mesquite Street will be one -way, and the improvements will facilitate the flow of traffic. Minutes Regular Council Meeting June 29, 1977 Page 12 Mayor Pro Tem de Ases inquired if Cooper's Alley was included in the 1972 Bond Program. City Manager Townsend informed him that it was in the 1972 Bond Program and that it has been under study by the State Department of Highways and Public Transportation for some time. Mr. Townsend also explained the method by which the assessments are returned to the street fund and used to fund more street improvements. Council Member Lozano inquired if the City was aware that the State con- templated improvements to Cooper's Alley when the bonds were approved in 1972. City Manager Townsend stated that the City was not aware of this, but participa- tion by the State enables the City to fund other street projects. Mr. Dean Flinn, 618 Carmel, inquired if a traffic light or stop sign will be installed at the intersection of Mesquite Street and Cooper's Alley. Mr. Lontos stated that conduits will be there in the event they are needed in the future. Mr. Flinn then asked if the parking meters will be removed on Broadway. City Manager Townsend stated that this will be a separate matter to be considered at another time. An unidentified lady in the audience mentioned that it is very difficult for traffic to flow from Tancahua to Carancahua during the 5:00 p.m. heavy traffic situation. City Manager Townsend informed her that a traffic light for this area may be considered at a later date. City Attorney Aycock then introduced Mr. W. A. Holly, Jr., a Real Estate Broker and Appraiser, and questioned him as to his qualifications to appear as a witness to attest to the proposed assessments. Mr. Holly stated that a formal resume of his qualifications is on file in the office of the City Secretary. Mr. Holly testified that he is familiar with each piece of property involved in the assessments; that he has examined all of the property; and that he does not recommend any reductions in the assessment of any of the property. He stated that, in his opinion, all of the property being assessed will be enhanced at least for the amount of the assessment, pointing out that all of the property is zoned for business Minutes Regular Council Meeting June 29, 1977 Page 13 and all of the businesses will benefit from the improved street and the two -way flow of traffic. Mayor Luby invited members of the audience to address the Council in regard to the assessment roll. Mr. Dean Sanders, 210 Mitchell, representing Flato Electric Supply Company, stated that this company's total assessments amount to $19,131.31. Mr. Sanders contended that since the City had taken the easement from some of the property, the value of the lots on the curve of the proposed street has been reduced. He also stated that he does not feel that the change in traffic flow will enhance the value of the lots since two -way traffic already exists on Telco Street and on Cooper's Alley. He requested that the Council consider a reduction on the assessments for this property owner. Council Member Gulley requested Mr. Sanders to point out the lots owned,by the Flato Company from which the easements had been obtained, and inquired if the property owner had been paid for the easements. Mr. Sander$ pointed out the pro- perty and stated that the owner had been paid for the easements but he did not know the exact amount. Mr. Sanders stated that the property in question is now being used for parking lots with the exception of one piece of property which is vacant. Council Member Gill inquired if the property owner is reimbursed for just the easement when it is acquired, or if the damage to the property is considered when payment is made. City Manager Townsend stated that damage to the remainder of the property is also taken into consideration. City Manager Townsend explained that the point Mr. Sanders was trying to make was that the lots are now curved rather than rectangular. Mr. Townsend pointed out that Mr. Holly has determined that the property will be enhanced by the street improvements, but Mr. Sanders feels that the property will not be enhanced due to the fact that the lots in question are no longer rectangular. Council Member Gulley inquired about the amounts paid for the acquisition of the easements. Mr. Lontos informed him that the acquisition cost for Parcel No. 1 was $34,800 and for Parcel No. 2, it was $19,900. Minutes Regular Council Meeting June 29, 1977 Page 14 Mayor Pro Tem de Ases pointed out that the property owner had been compen- sated for the land taken, and City Manager Townsend stated that the land was appraised at that time and the property owner had agreed to the price. City Manager Townsend asked Mr. Lontos about the number of driveways planned for this property. Mr. Lontos stated that a total of five driveways are planned for the three parcels of land. Mr. Townsend explained to Mr. Sanders that it would be possible for the location and sizes of the driveways to be changed if the owner so desires. Council Member Gulley stated that the owner of these three pieces of property had received over $54,000 for the right -of -way and he felt that the matter of enhance- ment should have been considered at that time. Council Member Sample inquired if there are any setback requirements for construction of buildings on curved streets. City Manager Townsend stated that there are no requirements, and Mr. Sample stated that the owner would not neces- sarily be required to build a curved building. Mr. C. J. Childers, 3249 South Staples, spoke at this time in regard to Item No. 7 on the assessment roll, the owner of which is Mike Childers, 3321 Orlando. Mr. Childers questioned the need for the sidewalk in front of 'this property since it does not continue past his property. City Manager Townsend stated that the extra width of the sidewalk is planned primarily for the safety of pedestrians crossing to the island which will be con- structed in front of his property. Mr. Mike Childers requested a reduction in his sidewalk assessment since a wider sidewalk than normally constructed is planned in front of his property. After further discussion on this aspect of Mr. Childers' assessment, Council Member Gulley suggested that this property owner's sidewalk assessment be reduced to 400 square feet, which would represent a reduction to $300 for the sidewalk. Mr. Childers agreed to this reduction, which would reduce the total assessment for Item No. 7 to $726.40. No one else spoke in regard to the assessment roll. Motion by de Ases that the hearing be closed; seconded by Sample, and passed unanimously. Minutes Regular Council Meeting June 29, 1977 Page 15 Motion by de Ases that the preliminary assessment roil be accepted with the exception that the assessments on Item 7 be reduced from $996.40 to $726.40; seconded by Diaz, and passed unanimously. Council Member Gulley reiterated that he felt that the islands included in this project would be an ideal location for sculptures. Mayor Luby and Council Member Gill agreed to this. Council Member Sample stated that he would agree to this if a similar project is considered for Chipito Street. City Manager Townsend mentioned that an application to be sent in to the Bureau of Outdoor Recreation by the Tennis Association may be the catalyst to expand the H.E.B. Tennis Center and stated that Del Mar College had indicated an interest in participating in the expansion. .Mayor Luby suggested that the property at the intersection of Ocean Drive and Airline be considered for acquisition for use as a park. City Manager Townsend stated that the Staff will.investigate the possibility of acquiring this property. Council Member Diaz asked if the "No Parking" zone in front of Fraser Elementary School in the 1600 Block of Airline could be eliminated between the hours of 7:00 and 9:00 a.m. and 3:00 and 4:00 p.m. to enable parents to pick up their children. City Manager Townsend stated that this is a major intersection, but the staff will investigate the possibility. City Manager Townsend informed the Council that the closed session listed on the agenda, under the authority of Section 6252 -17 2(g), involves the City's contract with the Nueces County Community Action Agency and the personnel involved. Motion by de Ases that the Council go into closed session; seconded by Sample, and passed unanimously at 4:05 p.m. The Council reconvened in Regular Meeting at 4:55 p.m: There being no further business to come before the Council, the Regular Council Meeting was adjourned at 4:46 p.m., June 29, 1977. 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, invaliditi.es 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 xrithin -the limits above defined, and has heard all parties.appear_ing 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 proceeding, 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 correCL-ions 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 aiid 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 -5- - 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 o£ 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 agai.nst said abutting properties, as her_einabove 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 provisi.ono 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 -6- Y 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: -7- June 30, 1977 PRELIMINARY ASSESSMENT ROLL Cooper's Alley Extension and Telco Street - from 100' east of Chaparral Street to Tancahua Street - including 250 feet of Carancahua Street north of Telco Street and a portion of Mesquite Street at Cooper's Street. Project Number MH - 281 This project includes the construction of street improvements to the above named streets within the limits described. The improvements shall consist of excavation to a width and depth to provide for the construction of a roadway width varying from 24.5' to 45.0 ' back to back of curb. Approximately 8" flexible and approximately 2" hot -mix asphalt concrete. Standard 4" thick reinforced sidewalks and 6" thick reinforced driveways according to the plans and specifications of the State Department of Highways and Public Transportation, including traffic islands and pedestrian handrails. This project is built jointly by the City and the State Department of Highways and Public Transportation. This is an assessment project and the abutting property owners shall be assessed in accordance with the assessment policy of the City of Corpus Christi. Based on the low bid as submitted by Abacus Corpora- tion and the assessment policy the assessments are as follows: Curb & Gutter Only Curb, Gutter & Pavement Sidewalk Driveway Total Contract Price State Portion City's Portion Preliminary Assessments 5.33 p.1.f. 14.25 p.l.f. .75 p.s.f. 20.13 p.s.y. 174,282.67 105,821.47 68,461.20 31,328.38 James K. LonfVs, P:E., Directoy Engineering & Physical Development Page ITEM NO. OWNER AND PROPERTY DESCRIPTION QUANTITY ASSESSED DESCRIPTION OF ASSESSMENT RATE AMOUNT TOTAL AMOUNT ASSESSED COOPER'S ALLEY ANCAHUA TO ST TION 10+30 SOUTH IDE EGINNING AT T CAHUA ST. 1. Answers, Inc. 250.00 L.F. C.G.& Pvmt. 14.25 3,562.50 205 S. Carancahua 1,157.25 S.F. S/W .75 867.94 Lot 7 & 8, Blk. 5 18.00 S.Y. D/W 1 -15' 20.13 362.34 Central Wharf & Warehouse ` - Subd. (South Bluff Addn.) 42792.7$ 2. David Collins Et Ux 135.00 L.F. C.G.& Pvmt. 14.25 1,923.75 P. 0. Drawer 930 582.26 S.F. S/W .75 436.70 Lot 8, Blk. 2 14.00 S.Y. D/W 1 -15' 20.13 281.82 Central Wharf & Warehouse Addn. (South Bluff) 2,642.27 3. W. M. Neyland 135.00 L.F. C.G.& Pvmt. 14.25 1,923.75 Box 1576 532.26 S.F. S/W .75 399.20• Lot 7, Blk. 2 21.00 S.Y. D/W 1 -25' 20.13 422.73 Central Wharf & Warehouse Addn. (South Bluff) 2,745.68 MESQUIT STREET INTERSECTION 4. Plato Electric Supply Co. 205:00 L.F. C.G.& Pvmt. 14.25 2,921.25 P. 0. Box-9317 857.26 S.F. S/W .75 642.95 Lots 3 & 22 Blk. 4 35.00 $:Y. D/W 1 -30' 20.13 704.55 South Beach Addn. 4,268.75 END OF OUTH SIDE Page ITE_`S NO. OWNER AND PROPERTY DESCRIPTION QUANTITY ASSESSED DESCRIPTION OF ASSESSMENT RATE AMOUNT TOTAL AMOUNT ASSESSED COOPER'S AL= T AHUA ST. TO S ATION 10+30 NORTH SIDE BEGINNING AT TANG HUA ST. 5. Plato Elec. Supply Co. 243.00 L.F. C.G.& Pvmt. 14.25 3,462.25 P. 0. Box 9317 1,215.00 S.F. S/W .75 911.25 Lot 1 & 2, Blk. 6 - 0 - S.Y. D/W 20.13 -- 0 - Central Wharf & Warehouse Co. Subd. 4,374.00 CARANCAUHA TREET INTERSECTIO 6. Plato Elec. Supply Co. 270.00 L.F. C.G.& Pvmt. 14.25 3,847.50 P. 0. Box 9317 1,207.26 S.F. S/W .75 905.45 Lots 1, 2 & 5; Blk. 1 60.00 S.Y. D/W 1 -25' 20.13 1,207.80 Central Wharf & Warehouse Co. Subd. 5,960.75 MESQUITE ST EET INTERSECTION 7. Mike Childers 80.00 L.F. C.G. Only 5.33 426.40 3321 Orlando 760.00 S.F. S/W ,75 ,;$ @Q Sop Lot 8, - 0 - S.Y. D/W 20.13 - 0 - 16 Business District - -99.6 -.44 *Reduced by C. A. 726.40 END NORTH SIDE COOP R'S ALLEY Page ITE24 OWNER P11D QUANTITY DESCRIPTION TOTAL PiO. PROPERTY DESCRIPTION ASSESSED OF RATE Al AM OUNT ASSESSf4Et� ASSESSED CARANCAHUU ST. COOPER'S ALL Y TO SAT. 2 +28 WEST S E 8. Answers, Inc. - 0 - L.F. C.G.& Pvmt. 14.25 - 0 - 205 S. Carancahua - 0 - S.F. S/W .75 - 0 - Lot 7, Blk. 5 - 0 - S:Y. D/W 20.13 - 0 - Central Wharf & Warehouse Subd. - 0 - COOPER'SIALLEY 9. Flato Elec. Supply Co. 105.00 L.F. C.& G. Only I 5.33 559.65 P. 0. Box 9317 450.00 S.F. S/W 75 337.50 Lot 2, Blk."6 10.00 S.Y. D/W 1 -15' 20.13 201.30 Central Wharf & Warehouse Co. Addn. 1,098.45 10. E.S. Joslin 1242 Ohio. 11. Alamo Iron Work 6002 Hwy. 44 Lot 12, Blk. 2 Popes Broadway 38.00 L.F.1 C.G.Only 5.33 202.54 _ 90.00 S.F. S/W .75 67.50 23.00 S.Y. D/W 1 -20 20.13 469.99 733.03 25.00 L.E. C.& G. Only 5.33 133.25 31.50 S.F. S/W .75 23.63 - 0 - S.Y. D/W 20.13 - 0 - 156.88 END OF NEST SIDE OF CA*ANCAHUAIST. 13. Plato Elect. Supply Co. P. 0. Box 9317 Lot 5,& 4 & 3, Blk, 1 Central Wharf & Warehouse 14. IE. S. Toslin 242 Ohio 15. Alamo Iron Works 100 Upper N. Broadway Lot 15 Arroyo Tract COOPER'S A 113.00 L.F. 415.00 S.F. 35.00 S.Y. C. & G. & Pvm S/W D/W 1 -30' 14.25 75 20.13 '1610.25 . 311.25 704.55 2,626.05 30.00 L.F. C.& G. only 5.33 159.90. 150.00 S.F. S/W .75 112.50 - 0 - S.Y. D/W 20.13 - 0 -. 272.40 14.00 L:?. C. & G. 5.33 70.00 S.F. Page —J& ITEM PTO. OWNER APTD PROPERTY DF,SCRIPTIO,T QUe 1VTITY ASSESSED DESCRIPTIO' SIDE CARANCA A ST. TOTAL CARANCAHUA ST. OF RATE AMOUNT Af.[OUNT ASSESSMENT ASSESSED CARANCAHUA T. EAST SIDE C OPER'S ALLEY TO STA. 2 +30 12. David Collins - 0 - L.F. C.& G. 5.33 - 0 - P. 0. Drawer 930 - 0 - S.F. S/W .75 - 0 - ot 3, Blk. 2 - 0 - S.Y. D/W 2 20:13 - 0 - Central Wharf & Warehouse - 0 - 13. Plato Elect. Supply Co. P. 0. Box 9317 Lot 5,& 4 & 3, Blk, 1 Central Wharf & Warehouse 14. IE. S. Toslin 242 Ohio 15. Alamo Iron Works 100 Upper N. Broadway Lot 15 Arroyo Tract COOPER'S A 113.00 L.F. 415.00 S.F. 35.00 S.Y. C. & G. & Pvm S/W D/W 1 -30' 14.25 75 20.13 '1610.25 . 311.25 704.55 2,626.05 30.00 L.F. C.& G. only 5.33 159.90. 150.00 S.F. S/W .75 112.50 - 0 - S.Y. D/W 20.13 - 0 -. 272.40 14.00 L:?. C. & G. 5.33 70.00 S.F. S/W ,75 - 0 - S.Y. D/W 20.13 END OF EAS SIDE CARANCA A ST. END CARANCAHUA ST. 74.62 52.50 - 0 - 127.12 50 - IT 11 O'YMER AND VAWITY DESCRIPTIONI NO. PROPERTY DESCRIPTION ASSESSED OF RATE Pd0UN ITTIT T T AASSESStSJT SSESSED 16. 17. 18. 19. M. Neyland 0. Box 1576 of 7, Blk. 2 Central Wharf &'Warehouse ' MESQUITE 1 STATION 0+821 TO STA. 2 +17 WEST SIDE SIDE - 0 - L.F. C.G.Only 5.33 - 0 - - 0 - S.F. S/W .75 - 0 - - 0 - S.Y. D/W 20.13 - 0 - -0- COOPER'S AL EY INTERSECTIO lato Elect. Supply Co. - 0 - L.F. C. & G. only 5.33 . 0. Box 9317 - 0 - S.F. S/W .75 entral Wharf & Warehouse - 0 - S.Y. D/W 20.13 Addn. Flato Elect. Supply Co. P. 0. Box 9317 78412 Lots 3 & 2, Blk. 4 South Beach Addn. Mike Childers 3321 Orlando Lot 8, 16 Business District MESQUI' E STREET ION 0+82 to TATION 2 +17 EAST SIDE 52.50 L.F. C.G.only 5.33 135.00 S.F. S/W 5' ,75 21.00 S.Y. D/W 1 -20' 20.13 .. COOPER s ALLEY INTERS CTION - 0 - L.F. C.G. only 5.33 - 0 - S.F. S/W ,75 - 0 - S.Y. D/W 20.13 END OF MESQUITE STREE EA T SIDE - 0 - 0 - -0- 279.33 101.25 422.73 -0- -0- - 0 - - 0 - 803.81 - 0 - 0 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 iri 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 0 -8- 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 1/411) 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: 1977, 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 ai. 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 lst 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 -9- one -forth percent (5 1 /4%) per annum; provided, however, that the owners of said property avail- ing 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, 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 -10- property or in giving the name of any owner or owners, or otherwise, shall in anywise invalidate or impair the assess- ment levied hereby 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 oL-her liens, titles and charges, except for law - :Jul ad valorem taxes, from and after the date said improvements were ordered by _.aid City Council, to -wit: June 1 1977, 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 anti Court, -11- 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 -12- 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 p - age, IT IS ACCORDINGLY SO ORDAINED, this the day of 1977 . ATTEST: �l, ,LTV• � City Secretary JAp R VED: DAY OF�, 19 77 J. BRUCE AYCOCK, CITY ATTORNEY By �- X.�y y A7 r�� Askant Cii'Attorney MAYOR THE CITY OF CORPUS CHRISTI, TEXAS W Corpus Christi Texas �A( day of 1971 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 suspension 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 ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, MAYOR THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Jason Luby [/ Eduardo de Ases David Diaz Ruth Gill Bob Gulley _ Gabe Lozano, Sr. Edward L. Sample The above ordinance was passed by the following vote: Jason Luby _ Eduardo de Ases — David Diaz Ruth Gill Bob Gulley ___ Gabe Lozano, Sr. Edward L. Sample r 13822