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HomeMy WebLinkAbout12246 ORD - 08/28/1974Ist a 8/21/74 1st AN ORDINANCE CLOSING THE HEARING GIVEN TO THE REAL AND TRUE OWNERS OF PROPERTY ABUTTING UPON THE HEREINAFTER NAMED STREETS IN THE CITY OF CORPUS CHRISTI, TEXAS, TO -14IT: 1. Clarkwood Road, from Iris Street to Lot 9, Block 10, Clarkwood Townsite, East Side; 2. McArthur Street, from Belton Street to Tarlton Street, Northwest Side; 3. Winnebago Street, from North Alameda Street to Lake Street, Northwest Side; 4. Churchill Drive, Whittier to Tarlton, Southeast Side; 5. 15th Street, from Southern Street to South Staples Street, Southeast Side; 6. Everhart Road, from South P/L of Lot 1, Block 2, Alameda Estates No. 2, to North P/L of Lot 16, Block 3, Alameda Estates No. 3, Southeast Side; 7. Robert Drive, from Snata Fe to Estate Drive, Northwest Side; 8. Robert Drive, from South P/L of Lot 2, Block 1, Alameda Estates No. 4 to Delano Street, Southeast Side; 9. Buford Street, from Brownlee Boulevard to 10th Street, South Side; and 10. 15th Street, from Craig Street approximately 138.75' North' AND FINDING AND DETERMINING THAT PROPERTY ABUTTING SAID STREETS WILL BE SPECIFICALLY BENEFITED AND ENHANCED IN VALUE IN EXCESS OF COST OF IMPROVEMENTS, AND LEVYING AN ASSESSMENT FOR PAYMENT; FIXING A CHARGE AND LIEN, THE MANNER AND TIME OF PAYMENT AND COLLECTION; AND DECLARING AN EMERGENCY. WHEREAS, the City Council of Corpus Christi, Texas, by duly enacted ordinance passed and approved on June 19, 1974, determined the necessity for and ordered the improvement of the following streets: 1. Clarkwood Road, from Iris Street to Lot 9, Block 10, Clarkwood Townsite, East Side; 2. McArthur Street, from Belton Street to Tarlton Street, Northwest Side; 3. Winnebago Street, from North Alameda Street to Lake Street, Northwest Side; 4. Churchill Drive, Whittier to Tarlton, Southeast Side; 5. 15th Street, from Southern Street to South Staples Street, Southeast Side; 6. Everhart Road, from South P/L of Lot 1, Block 2, Alameda Estates No. 2, to North P/L of Lot 16, Block 3, Alameda Estates No. 3, Southeast Side; 7.. Robert Drive, from Snata Fe to Estate Drive, Northwest Side; 8. Robert Drive, from South P/L of Lot 2, Block 1, Alameda Estates No. 4 to Delano Street, Southeast Side; 9. Buford Street, from Brownlee Boulevard to 10th Street, South Side; and 10. 15th Street, from Craig Street approximately 138.75' North' 12246 by the construction, reconstruction, repairing or realigning of concrete sidewalks, in the manner and according to the plans and specifications heretofore approved and adopted by the City Council by ordinance dated June 19, 1974, as amended by Ordinance No. 12165 dated July 10, 1974, and as further amended by Ordinance No.12186, on July 17, 1974, a duly executed Notice of said ordinance having been filed in the name of 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 improvements to their lowest and most advantageous bid and said contract has been awarded to E. J. Netek Construction Co. as authorized by Ordinance No. dated and the performance bond required by said contract has been properly furnished by said E. J. Netek Construction Co. 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 Engineer- ing Services 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 limit herein defined, to be improved, and the real and true owners thereof, and said Director of Engineering Services has heretofore filed said estimates -2- and a statement of other matters relating thereto with said City Council, and same has been received, examined and approved by said City Council; and WHEREAS, said City Council, by duly enacted ordinance dated June 19, 1974, 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 July 10,.7;; 1974, did order and set a hearing to be held at 3.00 P.M. on the 14th day of August,1974, in the Council Chambers of the City Hall, in the City of Corpus Christi, Texas, for the real and true owners of the property abutting upon said streets, within the limits above defined, and for all others owning or claiming airy 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 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 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 Annota- ted 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 Annota- ted Civil Statutes; and -3- 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 August 14, 1974, in the Council Chambers of City Hall in the City of Corpus Christi, Texas, in accordance with said ordinance and notice, at which time an opportunity was given to all said above- mentioned persons, firms, corporations and estates, their agents and attorneys, to be heard and to offer evidence as to all matters in accordance with said ordinance and notice, at which time the following appeared and offered the following testimony: -4- Minutes Regular Council Meeting August 14, 1974 Page 4 ery few changes in the proposed ordinance from the original ordinance approved five years ago, and no that it was approved following a similar public hearing. He stated that it is- important to this compan hat the Council not delay actions on the ordinances and the rate request but move forward with all spe continue with the first and second readings as. presented. He explained that any delay would present p lems in financing since the company must operate under a franchise. He stated it is the primary interest of s Council to acre that the 22,000 connections of Cable television get maximum service and good ente fnment, and questioned the dilution of other channels by use of the converter band. Mr. Terrel Cass, Go ral Manager of Television Sttbtypn KEDT, stated they are working with the City Staf�Out vie hopes for a compromise arrangement satisfactory to all, and if this cannot be work ten he will be back before the Council before the final,-reading of the ordinane -- Motion by Branch, seconded by Acuff and passed, that the hearing be closed. Following a brief recess, Mayor Luby reconvened the meeting at 4:05 p.m. and announced the scheduled public hearing on assessments for Sidewalk, Unit VII, Improvement Project. Assistant City Attorney Jerry Benadum conducted the hearing and stated the purpose is to comply with the State Statute regarding paving assessments; that testimony will be offered from the Director of Engineering and Physical Development and evaluation testimony from a real estate appraiser to substantiate the assessments which appear on the preliminary assessment roll, and that the hearing is to form a basis on which the City Council, acting as a legislative body, would determine and establish the assessments on the abutting properties. Director of Engineering and Physical Development James K. Lontos, testified as to his identity, occupation, time of residence in the City, formal education and qualifications as an engineer and his familiarity with the subject project. A written statement of his qualifications are on file in the office of the City Secretary and are acceptable to the Council. He presented the plans and specifications of the subject project, explained the nature and extent of the improvements and pointed out on a map the locations of the streets involving 10 locations where sidewalks are proposed, being (1) Clarkwood Road, from Iris Street to Lot 9, Block 10, Clarkwood Townsite, East side; (2) McArthur Street, from Belton Street to Tarleton Street, northwest side; (3) Winnebago Street, from North Alameda to Lake Street, northwest side; (4) Churchill Drive, Whittier to Tarleton, southeast side; (5) 15th Street, from Southern Street to South Staples, southeast side; (6) Everhart Minutes Regular Council Meeting August 14, 1974 Page 5 Road, from the south property line of Lot 1, Block 2, Alameda Estates No. 2, to the north property line of Lot 16, Block 3, Alameda Estate 03, southeast side; (7) Robert Drive, from Santa Fe to Estate Drive, northwest side; (8) Robert Drive, from the south property line of Lot 2, Block 1, Alameda Estate 94 to Delano Street, from Brownlee Boulevard to 10th Street, south side; (9) Buford Street, from Brownlee Blvd. to 10th Street, south side; and (10) 15th Street, from Craig Street approximately 138.75 feet north. He explained that the assessment roll includes 49 items and the assessments have been calculated based on the unit bid price submitted by the low bidder, E. J. Netek Construction Company and in accordance with the paving assessment policy of the City. The project shall consist of construction of 4' wide 4" thick reinforced concrete sidewalks and assessment at the rate of $0.97 per square foot. Mr. Lontos stated the work on the project wi II start within 30 days from this date and is expected to require approximately four months to complete. He explained that the abutting property owners wi II be permitted to pay for the assessments on a monthly basis at the rate of 5 -1/2% interest up to 60 months or may pay the entire amount at the completion of the construction. Mr. Harold Carr testified as to his identity as a real estate appraiser of various types of real estate and his familiarity with the subject project. He stated a written resume of his qualifica- tions are on file in the office of the City Secretary which is acceptable to the Council. He stated he had, within the last week, personally examined each and every parcel of land involved in the subject project as to the evaluation in relation to the assessments, and had concluded that in some instances there would be no enhancement in value, and that in other instances, the value would be enhanced in value at least to the amount of the assessments. Mr. Carr's comments and recommenda- tions are as follows: Items 1, 2 and 3, Clarkwood Road, from Iris Street to Lot 9, Block 10, Clarkwood Townsite (east side) - Mr. Carr stated in his opinion, sidewalks on this portion of Clarkwood Street would not benefit the property owners or enhance the value of their property in any way; that it possibly would be of benefit to school children, but in his opinion the school could probably provide its own sidewalks. Mr. Lantos explained that a request for these sidewalks had been received from the school, the reason given being for safety reasons for a number of children which would be affected. A suggestion was made by members of the Council that the sidewalks be constructed on the side of the school. Mr. Lantos stated this would be investigated and the principal of the school would be Minutes Regular Council Meeting August 14, 1974 Page 6 contacted for his comments regarding the location of the sidewalks. Mr. Carr stated he would be of the some opinion that there would be no enhancement of the property owners if the sidewalks were constructed on the school side of the street. No one appeared in opposition to the assessments on Items 1, 2 and 3. Items 4 through 14, McArthur Street, from Belton Street to Tarleton Street (northwest side) - Mr. Carr explained that the proposed sidewalks are on property which side up to McArthur, one of which being the Holy Family Catholic Church property to which many people travel. He stated in this instance the sidewalk program is in accordance with comprehensive planning, and in his opinion, each of the abutting properties will be enhanced in value as a result of the improvements at least to the amount of the assessments as shown on the assessment rol I . No one appeared in opposition to the proposed assessments relative to Items 4 through 14. Items 15 through 22, Winnebago Street, from North Alameda to Lake Street (northwest side) - Mr. Carr stated these lots are only 50 feet deep and are one -half assessed according to an adjustment made by the Engineering Department, and the assessment roll reflects his opinion that each of the abutting properties so assessed will be enhanced in value as a result of the improvements at least in the amount of the assessments as shown on the assessment roll. Mr. Lontos explained that Items 16 and 17 are not being assessed at all but are being given credit for existing sidewalks. No one appeared in opposition to the proposed assessments relative to Items 15 through 22. Item 23, Churchill Drive, Whittier to Tarleton (southeast side), Corpus Christi Independent School District (Travis School, Broadmoore Park, 515 N. Carancahua) - Mr. Carr stated in his opinion, this property will be enhanced in value as a result of the improvements at least to the amount of the assessments as shown on the assessment rol I. No one appeared in opposition to the proposed assessments relative to Item 23. Items 24 through 29, 15th Street, from Southern Street to South Staples (southeast side) - Mr. Carr stated that improvement of these streets is in accordance with the comprehensive plan, but side up to the street and for that reason, all are being one -half assessed, and in his opinion each of the abutting properties will be enhanced in value as a result of the assessments at least in the amount of the assessments shown on the assessment roll. No one appeared in opposition to the proposed assessments on Items 24 through 29. Items 30 through 35, Everhart Road, from the south property line of Lot 1, Block 2, Minutes Regular Council Meeting August 14, 1974 Page 7 r Alameda Estate No. 2, to the north property line of Lot 16, Block 3, Alameda Estate 03 (south, side - Mr. Carr stated that each of the abutting properties side up to Everhart Road and front on the cross street, the sidewalks would only be used by school children and would be beneficial to the public in general, but in his opinion, sidewalks on this portion of the project would not benefit the property owners, would not enhance the value of their property, and therefore he would recommend that no assessments be made. Mr. H. D. Bailey, Lot 16, Block 3, Alameda Estate #3, stated he not only saw no enhancement to the value of the property, but in his opinion, the proposed sidewalks would be detrimental because of drainage problems which would result. He stated he is also representing Mr. Jesse B. Galbreath (Item 34) and Mr. Fronk L. Henderson (Item 33) and that they did not receive notice of this hearing possibly because they recently purchased their property. He asked that the Council consider placing the sidewalk on the opposite side of the street so that pedestrians could travel all the way to the park and to Carmel without crossing a driveway. He stated there would be six driveways under the proposed plan as opposed to one if constructed on the other side. Mr. Benadum questioned Mr. Lontos as to the procedures relative to notifying property owners of assessment hearings. Mr. Lantos explained that the names are obtained from the City Tax Office, and new tax records are not available until January or February which as a result, names are taken from prior year records. Mr. Lantos stated his office had not been contacted by property owners to say they had not received notice. Mr. Bailey stated, in response to a question from Mr. Benadum, that he had been requested by his neighbors (Items 33 and 34) to speak for them at this hearing. Items 37 and 38, Robert Drive, from Santa Fe to Estate Drive (northwest side) - Mr. Carr explained that the Diocese of Corpus Christi is the owner of Parcel 037; this tract of land is 700 feet long abutting Robert Drive but has frontage on Santa Fe; that since plans for development of this tract are uncertain, in his opinion, the proposed improvements on Items 37 and 38 would not be of any benefit to the property owners, would not enhance the value, and he therefore would recommend no assessments. Mr. Lantos explained that this request had come from the neighborhood through the Traffic Engineering Department, for reasons of providing access to Town & Country Shopping Center and for children attending Windsor Park School. Mrs. William Hopkins, 230 Purl Street, stated her children attend Windsor Park School Minutes Regular Council Meeting August 14, 1974 Page 8 and Cullen School, and the only access other than Robert Drive (which is very dangerous), was through the Cemetery; that the Cemetery had been closed to traffic and parents are forced to drive children to and from the schools. She explained that she and the neighbors had requested the side- walks down Robert and on Gains. Mr. Lantos stated he had not been aware of the request in this particular area, but was a valid request and he felt it should remain in the sidewalk program. Commissioner Ricardo Gonzalez commented that in view of the tight budget and since Mr. Carr does not recommend it, and since the Diocese does not want the sidewalk and do not agree to maintain it, perhaps it should be deleted from the project. Mr. Lantos explained that the Diocese of Corpus Christi property would be required to build sidewalks when the land is platted. In answer to a question by Mr. Benadum, Mr. Lantos stated sidewalk construction could be protected against future developments if installed now. Mr. Carr stated in his opinion a developer would prefer to construct his own sidewalks at the time the property is developed, and he would not be in a position to say prior construction would be protected. He stated it is still his opinion, based on his personal observation, that there would be no enhancement to the value of the property listed as Items 37 and 38 as a result of the proposed improvements. No one appeared in opposition to the foregoing proposed assessments. Items 39 & 40, Robert Drive, from the south property line of Lot 2, Block 1, to Delano Street (southeast side) - Mr. Carr stated the buildings on these properties face Robert Drive, fits into a comprehensive plan, and in his opinion, each of these properties will be enhanced in value as a result of the proposed improvements at least in the amount of the assessment. Items 4 through 47, Buford Street, from Brownlee Boulevard to 10th Street (south side) - Mr. Carr stated these properties side up to Buford Street and are shown on the assessment roll as one -half assessed and in his opinion, each parcel would be enhanced in value at least in the amount of the assessment shown on the rol I. No one appeared to speak in opposition to the foregoing proposed assessments. Items 48 and 49, 15th Street, from Craig Street approximately 138.75 feet north - Mr. Carr explained that one -half of Item 48 is facing on 15th Streeet, and Item 49 is a deep lot which was left out of another project. He stated in his opinion, each of these properties will be enhanced in value at least in the amount of the assessment. No one else appeared to speak in opposition to any of the foregoing assessments. Motion by Acuff, seconded by Lozano and passed, that the hearing be closed. 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 con- tract heretofore had in reference to the portions of said streets to be improved; and WHERCAS, said City Council has heard evidence as to the special benefits and enhanced value to accrue to said abutting property, and the real and true owner or owners thereof, as compared with the cost of making said improvements on said streets within the limits above defined, and has heard all parties appearing and offering testimony, together with all pro- tests and objections relative to such matters and as to any errors, invalidi- ties or irregularities in any of the proceedings and contract for said im- provements, and has given a full and fair hearing to all parties making or desiring to make any such protest, objection or offer testimony and has fully examined and considered all evidence, matters, objections and protests offered and based upon said evidence, testimony and statements, said City Council finds that each and every parcel of property abutting upon the portion Of the streets aforesaid within the limits to be improved as herein defined, will be enhanced in value and specially benefited by the construction 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 proceedings 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 -5- 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 equitable, and as producing substantial equality con- sidering the benefits to be received and the burdens imposed thereby, and that all objections and protests should be overruled and denied except the corrections and changes as appear on the final assessment roll included in this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That there being no further protest or testimony for or against said improvements, said hearing granted to the real and true owners of abutting property on said streets, within the limits above defined,. and to all persons, firms, corporations and estates, owning or claiming 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 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 of 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 proprty 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 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 -6- 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 com- pliance 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, an and ordering the improvements of the above described street, within the limits defined, and in pursuance of said pro- ceedings heretofore had and enacted by said City Council, in reference to said improvements and by virtue of the powers vested in said City with respect to said street improvements by the laws of the State of Texas and the Charter of said City, with particular reference to Chapter 106 of the Acts of the First Called Session of the 40th Legislature of the State of Texas, _known and shown as Article 1105b of Vernon's Annotated Civil,Statutes of Texas, as amended, there shall be, and is hereby levied, assessed and taxed against the respective parcels of 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, ^%c CORRECTED AUGUST 15, 1974 PRELIMINARY ASSESSMENT ROLL • SIDEWALK IMPROVEMENTS UNIT VII This project, Unit VII of the School Sidewalk Program shall consist of the construction of 4' wide 4" thick reinforced concrete sidewalks on the following streets. * I. Clerkwood Road, from Iris Street to Lot 9 Block 10 Clarkwood Townsite, East side; 2. McArthur Street, from Belton Street to Tarleton Street NfW side; 3. Winnebago Street, from N. Alameda to Lake Street, N1W side; 4. Churchill Drive, Whittier to Tarleton, SIE side; 5. 15th Street, from Southern Street to South Staples S/E side; 6. Everhart Road, from S. P/L of Lot 1 Block 2 Alameda Estate No. 2. to N. P/L of Lot 16 Block 3 Alameda Estate #3, S/E side; 7. Robert Drive, from Santa Fe to Estate Drive, N/W side; 8. Robert Drive, from S. P/L of Lot 2 Block 1 Alameda Estate #4 to Delano Street, S. side; 9• Buford Street, from Brownlee Blvd, to 10th Street, South side; and 10. 15th Street, from Craig Street approximately 138.75 feet North. Omit by Council Action 8- 14 -74. The assessments have been calculated based on the unit bid prices submitted by the low bidder E. J. Netek Construction Company and in accordance with., the paving assessment policy of the City. Based on the calculations, the assessment rate is as follows: 4* x 4" reinforced concrete sidewalk $0.97 per s, f. TOTAL CONTRACT PRICE $_33,075.98 TOTAL PRELIMINARY ASSESSMENTS 14,o%.91 TOTAL CITY PORTION $18,999,07 C��P' gflj'b-v JaStdb K. Lontos, P.E., Director Engineering & Physical Development M P-J Page 1 C ITEM NO. OldNER AND PROPERTY DESCRIPTION QUANTITY ASSESSED DE11PTION OF ASSESSMENT RATE AMOUNT TOTAL AMOUNT ASSESSED CLAR WOOD ROAD BOM IRIS STREET to Lol 9 Blk 10 C kwood Townsi e- East Side 1 F. C.. Payne 1000.0 S.F. Sidewalk .97 go- F. C. Payne Tract * -0- Clarkwood Townsite 126 S. Clarkwood Road Omit by Council Action 2 M. Gouger 200.0 S.F Sidewalk .97 * -0- Lot 6, Blk 4 * -0- Clarkwood Tonmsite Box 1108, Robstown * Omit by Council Action Clark Avenue Intersection 3 W.L.D. Winship 336.0 S.F Sidewalk .97 Lots 10 10 & 9, Blk 10 * -0- Clarkwood Townsite Drawer C, Clarkwood * Omit by Council Action End of Clarkw od Road Project McAR ST.- BELTON ST. TO TA1iLETO1 ST. Bel anning at D lton - N1W Sid 4 Juan Z. Garcia (s) .168.0 S.F. Sidewalk .49 B2.32 Lot 22, Blk 1 82.32 Crockett 2502 Belton 5 C. C. Castillo (s) 384.64 S. .Sidewalk .49 188.47 Lot 46, Bik 1 188.47 Crockett Bolivar St. Intersection 2506 Belton 6 Jose E. Morales, Jr. (s) 378.00 S. .Sidewalk .49 185.22 Lot 21, Blk 7 185.22 Casa Blanca 2813 Sokol 7 Javier F. Garcia (s) 378.0 S.F Sidewalk .49 185.22 Lot 22, Blk 7 185.22 Casa Blanca 2501 Press. Pam 2 ITEM NO. OWNER AMID PROPERTY DESCRIPTION QUANTITY ASSESSED DESCRIPTION OF ASSESSMWT RATE AMOUNT TOTAL AMOUNT ASSESSED Fresa St. I. ersection 8 Guadalupe Silvas (s) 378.0 S.F. Sidewalk .49 185.22 Lot 21, Blk 6 185.22 Casa Blanca 502 Presa 9 S. G. Noel (s) 378.0 S.F. Sidewalk .49 185.22 Lot 22, Bik 6 185.22 Casa Blanca. 501 Soledad Soledad St. Intersection 10 Holy Family Catholic Churc -0- Sidewalk -0- Lots 21 & 22, Elk 5 -0- Casa Blanca 2509 Nogales ogales St. Intersection 11 Ma. de Maldonado (s) 378.0 S.F. Sidewalk .49 185.22 Lot 21, B1k 4 185.22 Casa Blanca Av. Terranova 1136 Col. Vista Hermosa Monterrey, N.L. Mexico 12 Jose Hernandez (s) 378.0 S.F. Sidewalk .49 185.22 Lot 22, Blk 4 185.22 Casa Blanca 3229 McArthur (uadalupe St Intersection 13 C. G. Menchaca (s) 378.0 S.F. Sidewalk .49 185.22 Lot 21, B.lk 3 .185.22 Casa Blanca 2037 Yale 14 Nereo Hinojosa (s) 378.0 S.F Sidewalk .49 185.22 Lot 22, Blk 3 185.22 Casa Blanca 2501 Tarlton Tarlton In ersection End of McArth St. Page 3 ITEM NO. OWNER AND PROPERTY DESCRIPTION QUANTITY ASSESSED DESCRIPTION OF ASSESSMENT RATE AMOUNT TOTAL AMOUNT ASSESSED GO ST. N. TO LAKE T. Begb ning at N. 1 lameda - N1W S de 15 Abelardo Longoria S. 300.0 S.F Sidewalk .49 147.00 W 12 of Lot 12, Blk 50 147.00 Bluff Addn. 1010 N. Alameda. 16 Mrs. R. 0. Berryman *300.0 S.F. Sidewalk .97 - 0 - E z of Lot 12, Blk 50 - 0 - Bluff Addn. *Credit for existing S W 208 Ashburn, Robstown 17 Patricia Presas *6o0.0 S.F Sidewalk .97 - 0 - Lot 1, B1k 50 -. 0 Bluff Addn— *Credit for existing S W 403 Waco Street N Staples St Intersection 18 Paul Vaugh 510.80 S. .Sidewalk .97 495.48 ot A, Blk 66 495'.48 Bluff Addn. Winnebago 19 Pedro Garza *200.0 S.F. Sidewalk .49 98.00 Lot B, B1k 66 98.00 Bluff Addn. *Credit due to narrow of Winnebago 20 Will Haven *200.0 S.F Sidewalk .49 98.00 Lot C, Blk 66 98.00 Bluff Addn. *Credit due to narrow of 1614 Kenedy 21 G. White 128.0 S.F. Sidewalk .49 62.72. Lot D, Bik 66 62.72 Bluff Addn *Credit due to narrow of 13-10 Winnebago 22 Archibald Wilfred 500.0 S.F. Sidewalk .49 485.00 Lot H -R, Blk 6 242.50 Bluff Addn. St. Louis Street Street Intersection F End of Winneb go St. . , • Page ITEM OWNER AND QUANTITY DESCRIPTION FAMOUNT NO. PROPERTY DESCRIPTION ASSESSED OF RATE AMOUNT ASSESSMENT C CHILL DR. AR G1ON TO N Beg1 g at South /L of Travis S hool Si a to Tarleto Street S/E Si e 23 24, 25 26 27 28 29 1 C.C. Ind. School District Travis School Broadmoor Park 515 N. Carancahua 2,527.04 S.F Sidewalk .97 21+51.22 Tarleton St. Intersection End Churchill St. ST. - SO ST. TO S. S "ing at Sout ern St. S/E Si e 460.0 S.F. Sidewalk .49 460.0 S.F. Sidewalk .49 Atlantic St I Intersection Cecil C. Frederici (s) Lot 11, Blk 40 Sidewalk . Del Mar Subd. .49 642 Southern Sidewalk . Clyde J. Jackson (s) Lot 12, Blk 40 cr. will ] Del Mar Subd. 641 Atlantic' Winifred A. Nabours (a) Lot 11, Blk 39 Del Mar Subd. 640 Atlantic Andrew Barlett *(s) Lot 12, Blk 39 Del Mar Subd. f 541 Naples Marian M. Woods (S) Lot 11, Blk 38 Del Mar Subd. 402 Cole Robert L. Bagley, Sr. (S) Lot 12, Blk 38 Del Max Subd. 639 Del Mar 2,527.04 S.F Sidewalk .97 21+51.22 Tarleton St. Intersection End Churchill St. ST. - SO ST. TO S. S "ing at Sout ern St. S/E Si e 460.0 S.F. Sidewalk .49 460.0 S.F. Sidewalk .49 Atlantic St I Intersection 540.0 S.F. S Sidewalk . .49 51{0.0 S.F S Sidewalk . .49 eck to see i c cr. will ] en ] b 21+51.22 225.40 225.4o 225.40 225.4o Y, 264.60 264.60 264.60 176.48 264.60 264.60 264.60 176.48 Page ITEM N0. OWR AND PROPERTY DESCRIPTION QUANTITY ASSESSED DESCRIPTION OF ASSESSMENT RATE AMOUNT TOTAL AMOUNT ASSESSED RD. Fr m the South L Lot 1, Blk to Nolth P/L of Lol 15 Alameda Te ace BU 3 Alameda at. #3 SlE Side Beginning at S. P/L of Lot 1, Blk 2 Alain la Terra e 30 Maxine Boykin, et al (s) 560.0 S.F. Sidewalk .49 *-0- Lot 1, B1k 2 Alameda Est. No. 2 4201 Jr. Terrace Omit by Council Action Jr. Terrace Intersection 31 Hazel Calvin (s) 560.0 S.F. Sidewalk .49 - -0- Lot 11 Blk 1 Alameda Est. No. 2 * -�s. 1758 17th St. *Omit by Council Action 32 Robert E. Obets (s) 480.0 S.F Sidewalk .49 * -0- Lot 17, Blk 1 Alameda Est. No. 3 4201 Clinton *Omit by Council Action Clinton Dr. Intersection 33 Frank L. Henderson (s) 568.0 S.F Sidewalk .49 *-.0- Lot 8, Blk 2 # -0- Alameda Estate No. .3 4202 Clinton * Omit by Council Action 34 Jesse -B. =- Galbreath (s) 612.0 S.F Sidewalk .49 Lot 9, Blk 2_p_ Alameda Est. No. 3. 4201 Estate Dr. *Omit by Council Action Estate Drive 35 N. D. Bailey (s) 521.28 Sidewalk .49 * -0- Lot 16, Blk 3 *-0- Alameda Est. No. 3 4202 Estate Dr. *Omit by Council Action obert Drive.from Santa Fe to Estate Ir. N1W Side 37 Diocese"of C.C. 2931.40 S.F. Sidewalk .97 2843.45 2843.45 Page ITEM NO. OWNER AND PROPERTY DESCRIPTION QUANTITY ASSESSED DESCRIPTION OF ASSESSMENT RATE AMOUNT TOTAL AMOUNT ASSESSED 38 Trevis C. Cook (S) 480.0 S.F Driveway .49 235.20 Lot 1, Blk 3 235.20 Alameda Est. No. 3 4262 Estate Dr. Estate Dr. Intersection ROB RT DRIVE From S /L of Lot 2 Blk 1 Alameda Istate No. 4 to Delano Street S/E Side 39 John L. McPherson 1220.0 S.F. Sidewalk .97 1183.40 Lot 9, Blk 3 1183.40 Alameda Estates Route 2, Box 205 Rolling Fork, Mississippi Walton Plact Intersection 40 E. E. Eisenhower 1140.0 S.F. Sidewalk .97 1105.80 Lot 8, Blk 2 1105.80 Alameda Estates 453 Robert Dr. Delano St. Intersection End of Robe it Drive BUFORI ST. BROWNLEI BLVD. TO 10TH ST. Begiraing at Brow lee - South Si e Soutl Side 41 M. D. Abrego (S) 528.0 S.F Sidewalk .49 258.72 Lot 16, Blk 5 258.72 Bayview Addn. #2 1102 S. Brownlee 42 Mrs. S. C. Driscoll S) 528.0 S.F. Sidewalk .49 258.72 Lot 1, Blk 5 Bay View Addn. No. 2 12th Street Intersection 43 Fred Zamora (S) 528.0 S.F. Sidewalk .49 258.72 Lot 16, Blk 2 Bay Viet? Addn. #2 44 Guillermo Meza (S) 528.0 S.F. Sidewalk .49 258.72 Lot 1, Blk 2 Bay View Addn. #2 Page 7 ITEM NO. OWNER AND PROPERTY DESCRIPTION QUANTITY ASSESSED DESCRIPTION OF ASSESS14M RATE AMOUNT TOTAL AMOUNT ASSESSED 11th St. Intersection 45 Maria 0. Rodriguez (S) 276.0 S.F. Sidewalk .49 135.24 W 69' Lot 18, Blk 1 135.24 M. T. Gaffney Addn. 1323 Buford 46 Mrs. V. W. Russell (S) 280.0 S.F. Sidewalk .49 137.20 E. 70' Lot 18, Blk 1 137.20 M. T. Gaffney Addn. c/o Palm Hotel 1020 N. Chapparal 47 Travis Baptist Church (S) 556.0 S.F. Sidewalk .49 272.44 Lot 1, Blk 1 272.44 M: T. Gaffney Addn. 1107 10th St. End Buford St. 15TH ST. TO 138.75 IF NORTH OF CRAIG ST. Ea 3t Side , 48 Pedro Palacios (S) 370.0 S.F. Sidewalk .49 181.30 W 1/3 of Lots 9 & 1Q Blk 2 181.30,., ._ Bayview No. 1724 Craig 49 Nabor Villareal 185.OS.F. Sidewalk 179.45 Lot 11, Blk 2 179.45 Bayview No. 2 1112 Craig St. End of 1 th St. 14,076.91 Total Bid Price $33,075.98 Preliminary Assessments 1+,076.91 $18,999.07 Total City Portion SECTION 4, Be it further ordained that in the event the actual frontage of any property herein assessed shall be found upon the completion of said improvements to be greater or less than the number of feet herein- above stated, the assessments herein set against any such property and against the real and true owner or owners thereof, shall be, and the same are hereby declared to be increased or decreased as the case may be, in the proportion which said excess or deficiency or frontage shall bear to the whole number of front feet of property actually improved in accordance with the front foot rule or rate of assessment herein adopted, it being the intention that such parcel of property and the real and true owner or owners thereof abutting on the portion of the streets above described, within the limits defined, shall pay for said improvements under the "FRONT FOOT RULE OR PLAN ", which rule or plan is, hereby found and determined to be just and equitable and to produce a substantial equality, having in view the special benefits to be received and the burdens imposed thereby; - and it is further ordained that upon final completion and acceptance of said improvements on the aforesaid streets, within the limits defined all certificates herein- after provided for, issued to evidence said assessments against said parcels of property abutting upon said street, and the real and true owner or owners' thereof shall be issued in accordance with, and shall evidence the actual frontage of said property and the actual cost of said improvements, the amount named in said certificate in no case to exceed the amount herein assessed against such property unless such increase be caused by an excess of front footage over the amount hereinabove stated, such actual cost and such actual number of front feet, if different from the hereinabove shown in Section 3 hereof, to be determined by the Director of Engineering & Physical Development upon completion of said work on said street, and the findings of the Director of Engineering & Physical Development shall be final and binding upon all parties concerned. SECTION 5. That the several sums mentioned above in Section 3 hereof assessed against said parcels of property abutting on the aforesaid streets, within the limits defined, and the real and true owners thereof, whether named or correctly named herein or not, subject to the provisions of -8- .Section 4 thereof, together with interest thereon at the rate of five and one - quarter (5 1/47) per annum with reasonable attorney's fee and all costs and expenses of collection, if incurred, are hereby de- clared to be made a first and prior lien upon the respective parcels of property, against which same are assessed from and after the date said improvements were ordered by said City Council, to -wit: June 19. 1974• and a personal liability and charge 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 owner: -1. All in cash within 30.days after completion or acceptance by City; or 2. Payments to be made in maximum of 60 equal installments, the first of which shall be paid within 30 days after the comple- tion of said improvement, and the acceptance thereof by the City, and the balance to be paid in 59 equal consecutive monthly installments commencing on the 1st day of the next succeeding month and continuing thereafter on the 1st day of each succeeding month until the entire sum is paid in full, together with interest from the date of said completion and acceptance by the City, until paid, at the rate of five and one -forth percent (5 1/47) per annum; provided, however, that' the owners of said property availing themselves of Option "2" or "3" above shall have the privilege of paying one, or all, of such installments at any time before maturity thereof by paying the total amount of principal due, together with interest accrued, to the date of payment. 3. The total number of monthly installments on owner occupied property may be extended beyond sixty (60) in number so that, -9- • at the owner's request, the total monthly payments will not exceed ten ($10.00) per month. SECTION 6. That for the purpose of evidencing said assessments, • the liens securing same and the several sums assessed against the said parcels of property and the real and true owner or owners thereof and the time and terms of payment, and to aid in the enforcement thereof, assignable certifi- cates 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 -10- improvements were ordered by said City Council, to -wit: and shall provide in effect that if default shall be made in the payment thereof, the same may be enforced, at the option of the City, or their successors and assigns, by the sale of the property therein described in the manner provided for the collection of ad valorem taxes as above recited, or by suit in any Court having jurisdiction. That said certificates shall further recite in effect that all the proceedings with reference to making said improvements have been regularly had in compliance with the law and Charter in force in said City and the proceedings of said City Council of said City, and that all prerequisites to the fixing of the assessment lien against the property therein described, or attempted to be described, and the personal liability of the real and true owner or owners thereof, evidence by such certificates, have been regularly done and performed, which recitals shall be evidence of all the matters and facts so recited and no further proof- thereof shall be required in any Court. That said certificates shall further provide in effect that the City of Corpus Christi, Texas, shall exercise all of its lawful powers, in the enforcement and collection thereof, and said certificates may contain other and further recitals, pertinent and appropriate thereto. It shall not be necessary that said certificates shall be in the exact form as above set forth, but the substance and effect thereof shall suffice. SECTION 7. That all such assessments levied are a personal liability and charge against the real and true owner or owners of the pro- perty described, or attempted to be described, notwithstanding such owner or owners may not be named or correctly named, and any irregularity in the name.of the property owner, or the description of any property or the amount of any assessment, or in any other matter or thing shall not in anywise invalidate or impair any assessment levied hereby or any certificate issued, and such mistake, or error, invalidity or irregularity whether in such -11- assessment or in the certificate issued in evidence thereof, may be, but is not required to be, to be enforceable, at any time corrected by the said City Council of the City of Corpus Christi. Further that the omission of said improvements in front of any part or parcel of property abutting upon the aforementioned streets, which is exempt from the lien of said assess- ment, shall in no wise affect or impair the validity of assessments against the other parcels of property abutting upon said street; and that the total amounts assessed against the respective parcels of property abutting upon said streets within the limits herein defined and the real and true owner or owners thereof, are the same,as, or less than,the estimate of said assessment prepared by the Director of Engineering and Physical Development and approved and adopted by the City Council and are in accordance with the proceedings of said City Council relative to said improvements and assess- ments thereof, and with the terms, powers and provisions of said Chapter 106 of the Acts of the First Called Session of the 40th Legislature of - the_State of Texas, known as Article 1105b of Vernon's Annotated Civil Statutes of Texas and the Charter of the City of Corpus Christi, Texas, under which terms, powers and provisions said proceedings, said improvements and assess- ments were had and made by said City Council. SECTION 8. The fact that the above - described streets have become important thoroughfares and the fact that the present condition of said streets, within the limits defined, are dangerous to the health and public welfare of the inhabitants thereof creates a public emergency and an imperative public necessity, requiring the suspension of the Charter rule that no ordinance or resolution shall be passed finally on the date of its introduction, and that said ordinance shall be read at three several meetings of the City Council, and the Mayor having declared that such emergency and necessity exists, and having requested that said Charter rule be suspended, and that this ordinance be passed finally on the date of its introduction -12- • and take effect and be in full force and �eyf�fect from and after its passage, tL IT IS ACCORDINGLY SO ORDAINED, this the o'0 day of ATTEST: C' 6&e Secretary 664 AP SVED: /( DAY OF 1977: EXEC,, ASS' w City Attorney MA R �— TY 1,.,,i CI OF CORPUS C STI, TEXAS • Corpus Christi, Texas o2rday of 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 shall be passed finally on the date it is introduced, and that such ordinance or resolution shall be read at three meetings of the City Council; I, therefore, request that you suspend said Charter rule or requirement and pass this ordi- nance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, MA CITY OF CORPUS WISTI, TEXAS The Charter rule was suspended by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark The above ordinance was passed by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark