HomeMy WebLinkAbout16762 ORD - 12/16/1981mb;12/11/81 lst
AN ORDINANCE
CLOSING THE HEARING ON SIDEWALK IMPROVEMENTS FOR THE
FOLLOWING STREET:
1. PURDUE ROAD, SOUTH SIDE, FROM WALDRON ROAD WEST
FOR APPROXIMATELY 270 LINEAR FEET, AND
2. PURDUE ROAD, NORTH SIDE, FROM A POINT EAST OF
LOMBARDY STREET TO WINDMERE DRIVE,
AND FINDING AND DETERMINING THAT PROPERTY ABUTTING THE
SAID STREET WILL BE SPECIFICALLY BENEFITED AND ENHANCED
IN VALUE IN EXCESS OF COST OF THE IMPROVEMENTS AND LEVY-
ING AN ASSESSMENT; FIXING A LIEN AND CHARGE, 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 the 28th day of October, 1981,
determined the necessity for, and ordered the improvement of the following
streets by the construction, reconstruction, repairing or realigning of
concrete sidwalks:
16" 762
'SEP 28 1984.
MICROF!! ^.7ED
in the manner and according to the plans and specifications heretofore
approved and adopted by the City Council by ordinance dated October 28
, 19 81 , a duly executed notice of said ordinance having
been filed in the name of the said City with the County Clerk of Nueces
County, Texas; and
WHEREAS, said City Council of the City of Corpus Christi, Texas,
after having advertised for and received bids on the construction of said
improvements for the length of time and in the manner and form as required
by the Charter of said City and the laws of the State of Texas, and after
having duly and regularly made appropriation of funds available for such
purpose to cover the estimated cost of said improvements to said City, all
as provided by the Corpus Christi City Charter and by law, did award a
contract for the construction of said improvements to their lowest and most
advantageous bid and -said contract has been awarded to Jon C. Lewis
as authorized by Ordinance No.
dated Derenber 16 , 19 Ri , and the performance bond required by
said contract has been properly furnished by said contractor and accepted by
the said City Council of said City as to form and amount as required by the
Charter of said City and the laws of the State of Texas; and
WHEREAS, the said City Council has caused the Director of Engineer-
ing and Physical Development to prepare and file estimates of the cost of
such improvements and estimates of the amount per front foot proposed to be
assessed against the property abutting upon a portion of the aforesaid streets
within the limits herein defined, to be improved, and the real and true owners
thereof, and said Director of Engineering and Physical Development has hereto-
fore filed said estimates and a statement of other matters relating thereto
with said City Council, and same has been received, examined and approved by
said City Council; and
WHEREAS, said City Council, by duly enacted ordinance dated
October 28 , 1981 , 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 ordi-
nance dated October 28 , 1981 , did order and set a hearing to
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be held at 3:00 p.m., on the 2nd day of December, 1981, in the Council Chambers
at City Hall, 302 S. Shoreline, in the City of Corpus Christi, Texas, and
reset by the said City Council for December 9, 1981, 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 concern-
ing 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 and 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 hear-
ing, 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 fourteen (14) days prior to the
hearing to such owners and by publishing three times notice of such hearing
in the Corpus Christi Times, the first of which publication was at least
twenty-one (21) days prior to the date of said hearing; both forms of notice
being in compliance with and containing the information required by Article
1105b, Vernon's Annotated Civil Statutes; and
WHEREAS, after due, regular and proper notice thereof, all as pro-
vided by law and the Charter of the City of Corpus Christi, said hearing
of which notice was given, was opened and held on December 9
1981 , in the Council Chambers, 302 S. Shoreline Blvd.,
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 he
-3-
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 -
''tj •A ni �� ,uui :i
:ember 9•, 1981
.ya 12.
Mayor Jones then called for the vote on Item No. 18 which passed by the
following vote: Turner, Dumphy, Gulley, Hawkins and Kennedy voting, "Aye";
Jones and Zarsky voting, "No".
**********
Mayor Jones called for the following Council consideration:
Employment of Dr. David Wasson, Industrial Psychologist, to assist the
City Council in evaluating those applicants selected for final consideration
for appointment to the position of City Manager.
A motion was made by Council Member Gulley that the employment of Dr.
David Wasson for this purpose be approved, seconded by Mayor Pro Tem
Turner.
Council Member Kennedy stated that he recommended this because it is an
additional bit of information to be used in evaluation to help decide on the best
possible City Manager for this City. He expressed the opinion that such
testing is used more and more in private industry and would be a very valuable
tool. He stated that Dr. Wasson had indicated that he could arrive in Corpus
Christi on Friday for interviews with the City Manager candidates over the
weekend. He stated that Dr. Wasson's fee is $800 per day plus expenses.
Mayor Jones called for the vote on the motion and it passed unanimously.
***********
Mayor Jones announced the Public Hearing on the following matter:
Assessment roll for the construction of a 4 -foot wide concrete sidewalk
along Purdue Road from Waldron Road to Windmere Drive. The roll
contains 26 items with total assessments of $4,931.97. The estimated City
share of the construction is $23,068.03. The sidewalk will be constructed
on the south side of Purdue Road from Waldron Road to near Lombardy
Drive and on the north side of Purdue Road from east of Lombardy Drive
to Windmere Drive. The project is in the 7th year Community Development
Block Grant Program.
Mr. Briones stated that Asst. City Attorney Bob Coffin would conduct the
formal portion of the hearing.
Mr. Coffin stated that the hearing is required by State law and the
purpose is to provide information to the Council, acting in its legislative
capacity, to establish the assessments on this project and to make a deter-
mination as to whether the enhancement to the abutting property will be greater
than the amount of the assessments.
12
;Lilac L:3ttili.i; :-!d2iLlg
Amber 9, 1981
.age 13
Mr. Coffin called as his first witness, Mr. Gerald Smith. Through
questioning of the witness, Mr. Coffin ascertained that Mr. Smith has been with
the City of Corpus Christi as Chief Engineer for 11 years; he is a Professional
Engineer registered in the State of Texas; his degree is in Civil Engineering
which he obtained at the University of Texas at Austin; and that Mr. Smith is
thoroughly familiar with the Purdue Road project.
Chief Engineer Smith stated that this project was designed because of the
need for a pedestrian way for school children. He displayed before the Council
a transparency showing the location of the sidewalk which will extend from
Waldron Road to Windmere Drive. Mr. Smith explained that the sidewalk
construction will consist of a 4 -foot wide reinforced concrete sidewalk 4 inches
thick to be constructed within the existing right-of-way as shown on the plans.
He informed the Council that bids were received on this project on November
25, 1981, and seven contractors submitted bids, with the low bid submitted by
Mr. Jon Lewis of Aransas Pass in the amount of $15,775.30. Mr. Smith stated
that the assessments total $4,931.97, with the City cost to be $10,843.33. He
informed the Council that the assessment roll includes 26 items.
Mr. Smith also stated that the contractor has 45 working days to complete
the project and the Staff expects the work to begin shortly after January 1,
1982.
Mayor Jones stated that the Council would like to participate in
ground -breaking ceremonies at the beginning of the project and Mr. Smith
assured them that he would make arrangements for this.
Council Member Kennedy asked about the portion of the street where the
crossing will be required from the north to the south side.
Mr. Smith explained that the plans include a cross -hatched area on the
street at this point and they hope to have a crossing guard at that location.
Council Member Dumphy questioned the contractor's experience since his
bid was so low.
Mr. Smith agreed, but stated that he was of the opinion that since this is
a relatively simple job and the successful bidder has the appropriate equipment,
he will be able to do a satisfactory job.
Asst. City Attorney Coffin called as his next witness, Mr. W. J. Holly.
Through questioning Mr. Holly, Mr. Coffin ascertained that he is a licensed
broker in the state of Texas; he has worked in that capacity since 1954; and
that he is thoroughly familiar with the property in this area.
13
ember 9; 1981
,Je 14.•
Mr. Holly testified that he has examined each and every piece of property
and stated that there are no odd or pie -shaped pieces of property, and in his
opinion, each and every parcel will be enhanced at least in the amount of the
assessment.
Mayor Jones determined that no one in the audience wished to speak in
regard to this assessment hearing. A motion was made by Council Member
Kennedy that the hearing be closed, seconded by Council Member Zarsky and
passed by the following vote: Jones, Dumphy, Hawkins, Kennedy, Zarsky
voting, "Aye"; Turner and Gulley absent at the time the vote was taken.
Mr. Lontos stated that further action in regard to this assessment roll
will be on the agenda next week.
***********
Mayor Jones announced Public Hearings on two zoning applications.
Acting City Manager Briones announced the Public Hearing on Application
No. 1181-2.
Application No. 1181-2, Appraisal and Real Estate Service, Inc. and
Jim Howry, for change of zoning from "A-1" Apartment House District and
"R-2" Multiple Dwelling District to "R -1B" One -family Dwelling District on
18.65 acres out of Lots 25, 26 and 27, Section 49, Flour Bluff and Encinal
Farm and Garden Tracts located on the north side of Glenoak Drive
approximately 750' west of Waldron Road.
Mr. Briones informed the Council that in response to the notices of the
Public Hearing, 4 in favor and none in opposition have been returned. He
stated that both the Planning Commission and the Planning Staff recommended
approval of this application.
Mayor Jones ascertained that no one in the audience wished to speak on
this zoning case.
Motion by Council Member Hawkins that the hearing be closed, seconded
by Council Member Dumphy and passed unanimously.
A motion was made by Council Member Dumphy that the zoning of "R -1B"
be approved for Application No. 1181-2; seconded by Council Member Hawkins
and passed by the following vote: Jones, Dumphy, Hawkins, Kennedy and
Zarsky voting, "Aye"; Turner and Gulley absent at the time the vote was
taken.
14
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
WHEREAS, said City Council has heard evidence as to the special
benefits and enhanced value to accrue to said abutting property, and the
real and true owner or owners thereof, as compared with the cost of making
- said improvements on•said streets within the limits above defined, and has
heard all parties appearing and offering testimony, together with all
protests and objections relative to such matters and as to any errors,
invalidities or irregularities in any of the proceedings and contract for
said improvements, 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 state-
ments, 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 bene-
fited 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 deficiences 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 proceed-
ings were being had, and the proceedings of said City Council heretofore
had with reference to such improvements, and in all respects to be valid
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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
equitable, and as producing substantial equality considering the benefits
to be received and the burdens imposed thereby, and that all objections
and protests should be overruled and denied except the corrections and
changes as appear on the final assessment roll included in this ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. That there being no further protest or testimony for
or against said improvements, said hearing °ranted 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 enchanted value to accrue to said property and the
real and true owner or owners thereof, by virtue to the construction of
said improvements to said portion of said streets upon which said property
abuts, will be in excess of the amount of the cost of said improvements
as proposed to be, and as herein assessed against said abutting property
and the real and true owners thereof, and finds that the apportionment of
the cost of said improvements, and that all assessments hereinbelow made
are just and equitable and produce substantial equality considering the
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
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heretofore had with reference to said improvements are in all respects
regular, proper and valid, and that all prerequisites to the fixing of
the assessment liens against said abutting properties, as hereinabove
described and the personal liability of the real and true owner or owners
thereof, whether named or correctly named herein or not, have been in all
things regularly had and performed in compliance with the law, Charter pro-
visions 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 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 or property abutting upon said portion
of said streets, and against the real and true owners thereof, whether such
real and true owner or owners be named or correctly named herein or not,
the several sums of money hereinbelow mentioned and itemized opposite the
description of the respective parcels of said property, the number of front
feet of each and the several amounts assessed against same and the real and
true owner or owners thereof, and names of the apparent owners thereof, all
as corrected and adjusted by said City Council, being as follows, to -wit:
-7-
PRELIMINARY ASSESSMENT ROLL
PURDUE ROAD SIDEWALK PROGRAM
DECEMBER 16, 1981
The Purdue Road sidewalk construction project will consist of sidewalks
along the following street:
1. Purdue Road, south side, from Waldron Road west for
approximately 270 linear feet, and
2. Purdue Road, north side, from a point east of
Lombardy Drive to Windmere Drive.
This sidewalk construction shall consist of a 4' wide reinforced concrete
sidewalk 4" thick and shall be constructed within the existing right-of-way
as shown on the plans.
The assessment rates have been calculated in accordance with the latest
assessment policy adopted by the City. All properties within the project
are zoned for residential usage and have been assessed at the maximum rate
established by the City Council as follows:
SIDEWALK
BID PRICE
4' Wide $1.98 S.F.
TOTAL ESTIMATED COST
TOTAL PRELIMINARY ASSESSMENT
TOTAL CITY SHARE
ASSESSMENT RATE
$ .75 S.F.
$15,775.30
4,931.97
$10,843.33
4.
Gerald s�
Engineering
Smith, P.E., Acting Director
Engineering & Physical Development
GS/dl
,r
DECEMBER 16,_19$1 PAGE 1
DESCRIPTION TOTAL
ITEM OWNER AND QUANTITY OF AMOUNT
NO. PROPERTY DESCRIPTION ASSESSED ASSESSMENT RATE AMOUNT ASSESSED
ASSESSMENT ROLL, CLOSING HEARING
PURDUE ROAD SIDEWALKS
WALDRON ROAD TO WINDMERE DRIVE
BEGIN SOUTH SIDE
1 FLOUR BLUFF INDEPENDENT -0- L.F.C.G.& PVMT. -0-
SCHOOL DISTRICT -0- L.F.C.G.& PVMT. -0- -0-
2300 WALDRON RD 78418 1,176.00 S.F. S/W .75 882.00
POR OF LOT 23,24,25,626 -0- S.F. 5/W -0- -0-
SEC 49
F B & E FRM & GON TRS
SO -COL PROPERTY
- 0- S.F. D/W
- 0- S.F. D/W
- 0-
- 0-
- 0-
- 0-
882.00
END SOUTH SIDE SIDEWALK
BEGIN SIDEWALK NORTH SIDE
2 JOHN MATTESON
2250 WALDRON RD 78418
- 0- L.F.C.G.E PVMT. -0-
-0- L.F.C.G.& PVMT. -0-
- 0-
1.5 AC OF LOT 9 SEC 49
F B & E FRM & GRDN TR
R- 1 B
-*NO IMPVTS CONSTRUCTED
* 100.00 S.F. S/W -0-
- 0- S.F. S/W -0-
- 0- S.F. D/W -0-
- 0- S.F. D/W -0-
-
- 0-
-0-
.00
3 CITY OF CORPUS CHRISTI
50' X 50' LOT
- 0- L.F.C.G.& PVMT. -0- -0-
- 0- L.F.C.G.& PVMT. -0- -0-
OUT OF LOT 1 BLK 2
STCODART SMITH SUB 1
LIFT STATION
88.00 S.F. S/W -0- -0-
-0- S.F. S/W -0- -0-
-0- S. F. D/W -0- -0-
-0- S.F. D/W -0- -0-
.00
4 PELS QUALITY HOMES -0- L.F.C.G.& PVMT. -0- -0-
RTE 1 BOX 503 78413 -0- L.F.C.G.& PVMT. -0- -0-
LOT 6 BLK 5 335.36 S.F. S/W .75 251.52
CASTLE PARK UNIT 1 -0- S.F. S/W -0- -0-
R-2 -0- S.F. D/W -0- -0-
-0- S.F. D/W
- 0-
251.52
DECEMRER 16. 1981 PAGE 2
DESCRIPTION TOTAL
ITEM OWNER AND QUANTITY OF AMOUNT
NO. PROPERTY DESCRIPTICN ASSESSED ASSESSMENT RATE AMOUNT ASSESSED
LOMBARDY STREET INTERSECTION
5 OSCAR MONSIVAII
702 PURDUE 78418
L0T22 BLK 1
- 0- L.F.C.G.& PVMT. -0-
-0- L.F.C.G.& PVMT. -0-
240.00 S.F. S/W .75
-0-
-0-
180.00
STCDDART SMITH SUB 1
R-18
- 0- S.F. S/W -0-
-0- S.F. D/W -0-
-0- S.F. D/W -0-
- 0-
- 0-
- 0-
180.00 1
6 H.A. TAUBER -0- L.F.C.G.E PVMT. -0- -0-
706 PURDUE 78418 -0- L.F.C.G.& PVMT. -0- -0-
LOT 21 BLK 1 228.60 S.F. S/W .75 171.45
STCDDART SMITH SUB 1 -0- S.F. S/W -0- -0-
R-18 -0- S.F. D/W -0- -A-
- 0- S.F. D/W -0- -0-
171 .45
7 RICHARD 8. SOLOMAN -0- L.F.C.G.& PVMT. -0- -0-
710 PURDUE 78418 -0- L.F.C.G.& PVMT. -0- -0-
LOT 20 BLK 1 228.00 S.F. S/W .75 171.00
ST00DART SMITH SUB 1
R-18
- 0- S.F. S/W -0- -0-
-0- S.F. D/W -0- -0-
- 0- S.F. D/W -0- -0-
171.00
8 JOhN A. RANK III
714 PURDUE 78418
LOT 19 BLK 1
-0- L.F.C.G.& PVMT. -0-
- 0- L.F.C.G.& PVMT. -0-
228.00 S.F. S/W .75
- 0-
- 0-
171.00
STODDART SMITH SUB 1
R-18
- 0- S.F. S/W
- 0- S.F. D/W
- 0- S.F. D/W
- 0-
-0-
- 0-
-0-
- 0-
-0-
171.00
9 B.A. BASSETT -0- L.F.C.G.& PVMT. -0- -0-
718 PURDUE 78418 -0- L.F.C.G.& PVMT. -0- -0-
LOT 18 BLK 1 228.00 S.F. S/W .75 171.00
STCCDART SMITH SUB 1
R-18
- 0-
- 0-
-0-
S.F. S/W
S.F. D/W
S.F. D/W
- 0-
-0-
-0-
-0-
- 0-
- 0-
171.00 1
CEf FMBER 16 1981
PAGE 3 I
DESCRIPTION TOTAL
ITEM OWNER AND QUANTITY OF AMOUNT
NO. PROPERTY DESCRIPTICN ASSESSED ASSESSMENT RATE AMOUNT ASSESSED
10 W. DOCLITTLE
722 PURDUE 78418
LOT 17 BLK 1
- 0- L.F.C.G.& PVMT. -0- -0-
- 0- L.F.C.G.E PVMT. -0- -0-
228.00 S.F. S/W . .75 171.00
ST00DART SMITH SUB 1
R -1B
-0- S.F. S/W -0- -0-
-0- S.F. D/W -0- -0-
-0- S.F. D/W -0- -0-
171.00
11 JOHN EDWARD VEGH
726 PURDUE 78418
LOT 16 BLK 1
STCDDART SMITH SUB 1
R -1B
-0- L.F.C.G.0 PVMT. -0- -0-
-0- L.F.C.G.0 PVMT. -0- -0-
228.00 S.F. S/W • .75 171.00
- 0- S.F. S/W -0- -0-
- 0- S.F. D/W -0- -0-
-0- S.F. D/W -0- -0-
171.00
12 CHARLES H. BENSON
730 PURDUE 78418
LOT 15 BLK 1
- 0- L.F.C.G.0 PVMT. -0- -0-
- 0- L.F.C.G.E PVMT. -0- -0-
228.00 S.F. S/W .75 171.00
STCDDART SMITH SUB 1
R-18
- 0- S.F. S/W -0- -0-
- 0- S.F. D/W -0- -0-
-0- S.F. D/W -0- -0-
171.00
13 JESSIE J. SAVOIE -0- L.F.C.G.0 PVMT. -0- -0-
734 PURDUE 78418 -0- L.F.C.G.0 PVMT. -0- -0-
LOT 14 BLK 1 228.00 S.F. S/W .75 171.00
STCCDART SMITH SUB 1 -0- S.F. S/W -0- -0-
R-1B -0- S.F. D/W -0- -0-
-0- S.F. D/W -0- -0-
171.00
14 JUAN TAMEZ ET UX -0- L.F.C.G.E PVMT. -0- -0-
738 PURDUE 78418 -0- L.F.C.G.E PVMT. -0- -0- '
LOT 13 BLK 1 228.00 S.F. S/W .75 171.00
STCDDART SMITH SUB 1
R-18
-0- S.F. S/W -0- -0-
-0- S.F. D/W -0- ,-0-
- 0- S.F. D/W -0- -0-
171.00
ITEM
NO.
OWNER AND
DESCRIPTION
• QUANTITY OF
PROPERTY DESCRIPTION ASSESSED ASSESSMENT RATE AMOUNT
TOTAL
AMOUNT
ASSESSED
15 P.A. COX
742 PURDUE 78418
LOT 12 BLK 1
— 0— L.F.C.G.0 PVMT. —0— —0-
- 0— L.F.C.G.0 PVMT. —0— —0-
228.00 S.F. S/W .75 171.00
STCDDART SMITH SUB 1
R-18
— 0— S.F. S/W —0-
- 0— S.F. D/W —0-
- 0— S.F. D/W —0—
-o-
-0-
- 0-
a
171.00
16 IGNATIUS G. PETERS
746 PURDUE 78418
LOT 11 BLK 1
STCCDART SMITH SUB 1
R-18
—0— L.F.C.G.& PVMT. —0— —0-
-0— L.F.C.G.E PVMT. —0— —0-
228.00 S.F. S/W .75 171.00
— 0— S.F. S/W —0— —0-
- 0— S.F. D/W —o— —0-
- 0— S.F. D/W —0— —0-
171.00
17 WALTER G. SMITHSON ET UX —0— L.F.C.G.E PVMT. —0— —0-
750 PURDUE 78418 —0— L.F.C.G.E PVMT. —0— —0—
LOT 10 BLK 1 228.00 S.F. S/W .75 171.00
STOCDAR7 SMITH SUB 1
R-18
— 0— S.F. S/W —0-
- 0— S.F. D/W —0-
-0— S.F. D/W —0—
-0-
- 0-
-0-
171.00
18 T.A. MILLER —0— L.F.C.G.0 PVMT. —0— —0-
802 PURDUE 78418 —0— L.F.C.G.0 PVMT. —0— —0—
LOT 9 BLK 1 228.00 S.F. S/W .75 171.00
STGDDART SMITH SUB 1 —0— S.F. S/W • —0— —0—
R -1B —0— S.F. D/W —0— —0-
- 0— S.F. D/W —0— —0-
171.00
19 WILLIAM, O. CASSELS —0— L.F.C.G.0 PVMT. —0— —0-
806 PURDUE 78418 —0— L.F.C.G.E PVNT. —0— —0—
LOT 8 BLK 1 228.00 S.F. S/W .75 171.00
STCODART SMITH SUB 1
R-18
—0— S.F. S/W —0-
-0— S.F. D/W —0-
-0— S.F. D/W —0—
-0-
-0-
-0-
171.00
CFCFMBER_.1fQ: 1981 PAGE 5
DESCRIPTION TOTAL
ITEM OWNER AND QUANTITY OF AMOUNT
NO. PROPERTY DESCRIPTION ASSESSED ASSESSMENT RATE AMOUNT ASSESSED
20 J.C. DAFFRON
810 PURDUE 78418
LOT 7 BLK 1
-0- L.F.C.G.& PVMT. -0- -0-
-0- L.F.C.G.& PVMT. -0- -0-
228.00 S.F. S/W .75 171.00
STCDDART SMITH SUB 1
R -1B
-0- S.F. S/W -0- -0-
- 0- S.F. D/W -0- - -0-
-0- S.F. D/W -0- -0-
171 .00
21 STEPHEN R. BURNETT -0- L.F.C.G.& PVMT. -0- -0-
814 PURDUE 78418 -0- L.F.C.G.& PVMT. -0- -0-
LOT 6 BLK 1 228.00 S.F. S/W .75 171.00
STCCDART SMITH SUB 1
R-18
- 0- S.F. S/W -0- -0-
- 0- S.F. D/W -0- -0-
- 0- S.F. D/W -0- -0-
171.00
22 JOE C. GARCIA JR
818 PURDUE 78418
LOT 5 BLK 1
- 0- L.F.C.G.& PVMT. -0- -0-
- 0- L.F.C.G.& PVMT. -0- -0-
228.00 S.F. S/W .75 171.00
STCDDART SMITH SUB 1
R -1B
-0- S.F. S/W -0- -0-
-0- S.F. D/W -0- -0-
-0- S.F. D/14 -0-
171.00
23 ALAN DOTY &
J.C. BOREN
828 PURDUE 78418
LOT 4 BLK 1
STGODART SMITH SUB 1
R -1B
-0- L.F.C.G.& PVMT. -0- -0-
- 0- L.F.C.G.& PVMT. -0- -0-
228.00 S.F. S/W .75 171.00
- 0- S.F. S/W -0- -0-
-0- S.F. D/W -0- -0-
- 0- S.F. D/W -0- -0-
171.00
24 R.G. HARLCW JR.
826 PURDUE 78418
LOT 3 BLK 1
- 0-• L.F.C.G.& PVMT. -0- -0-
- 0- L.F.C.G.& PVMT. -0- -0-
228.00 S.F. S/W .75 171.00
STOODART SMITH SUB 1
R-18
- 0- S.F. S/W -0- -0-
- 0- S.F. D/W -0- -0-
-0- S.F. D/W -0- -0-
171.00
IY i
DECEMBER 16, 1981
PAGE 6
ITEM
NO.
DESCRIPTION TOTAL
OWNER AND QUANTITY OF AMOUNT
PROPERTY DESCRIPTION ASSESSED ASSESSMENT RATE AMOUNT ASSESSED
25 RICHARD E. HOCH -0- L.F.C.G.& PVMT. -0- -0-
830 PORDUE 78418 -0- L.F.C.G.G PVMT. -0- -0-
LOT 2 BLK 1 228.00 S.F. S/W .75 171.00
STCDOART SMITH SUB 1 -0- S.F. S/W -0- -0-
R-18 -0- S.F. D/W -0- -0-
- 0- S.F. D/W -0- -0- 1
171.00
26 J.J. ALMAGUER
834 PURDUE 78418
LOT 1 BLK 1
- 0- L.F.C.G.E PVMT. -0- -0-
-0- L.F.C.G.E PVMT. -0- -0-
240.00 S.F. S/W .75 180.00
STOCDART SMITH SUB 1
R-18
- 0- S.F. S/W -0- -0-
- 0- S.F. D/W -0- -0-
- 0- S.F. D/W -0- -0-
180.00 I
WINDMERE DRIVE
END PUDRUE ROAD SIDEWALKS
END NORTH SIDE
END PRCJECT
TOTAL ASSESSMENTS *** 4,913.97
SECTION 4. Be it further ordained that in the event the actual
frontage of any property herein assessed shall be found upon the comple-
tion 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 accor-
dance 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 com-
pletion and acceptance of said improvements on the aforesaid streets, within
the limits defined all certificates hereinafter 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 names in said certi-
ficate 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 and Physical Development upon completion of
said work on said street, and the findings of the Director of Engineering and
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
Section 4 thereof, together with interest thereon at the rate of six and
one-half (6 1/2%) per annum with reasonable attorney's fee and all costs and
-8-
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: October 28 , 19 81 , 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. Paymentstohe made in maximum of 60 equal installments,
the first of which shall be paid within 30 days after
the completion of said improvement, and the acceptance
thereof by the City, and the balance to be paid in 59
equal consecutive monthly installments commencing on
the 1st day of the next succeeding month until the
entire sum is paid in full, together with interest from
the date of said completion and acceptance by the City,
until paid, at the rate of six and one-half percent
(6 1/2%) 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 inay 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 assessments,
the liens securing same and the several sums assessed against the said parcels
-9-
or 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 certi-
ficates 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 Payor 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 descrip-
tion as may otherwise identify the same, and if the said property 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 assess-
ment 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 attorney's fees
and all expenses and costs of collection, if incurred, and said certificate
shall set forth and evidence the personal liability of the real and true owner
or owners of such property, and that said lien is first and paramount thereon,
superior to all other liens, titles and charges, except for lawful ad valorem
taxes, from and after the date said improvements were ordered by said City
Council, to -wit: October 28,
, 1981 , 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 collec-
tion of ad valorem taxes as above recited, or by suit in any Court having
jurisdiction.
-10-
That said certificates shall further recite in effect that all
the proceedings with reference to making said improvements have been regu-
larly 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 regu-
larly 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 liabi-
lity 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 assess-
ment, or in any other matter or thing shall not in anywise invalidate or
impair any assessment levied hereby or any certificate issued, and such mis-
take, or error, invalidity or irregularity whether in such assessment or in
the certificate issued in evidence thereof, may be, but is not required to
he, 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
-11-
by the City Council and are in accordance with the proceedings of said
City Council relative to said improvements and assessments 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
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 impera-
tive public necessity, requiring the suspension of the Chapter rule that no
-ordinance or resolution shall be passed finally on the date of its introduc-
tion, but that said ordinance shall be read at three several meetings of the
City Council, and the Mayor or Council Members, having declared that such
emergency and necessity exist, and having requested that said Charter rule
be suspended, and that this ordinance be passed finally on the date of its
introduction and take effect and be in full force and effect from and after
its passage, IT IS ACCORDINGLY SO ORDAINED, this the 7, day of December ,
19 81 .
ATTEST:
City Secretary
APPROVED:
DAY OF
December
, 1981
J. BRUCE AYCOCK, CITY ATTORNEY
By
NAY
-12-
0pr /'t
THE CITY 't'CORPUS CHRISTI, TEXAS
Corpus Christi, Texas
4 day of O C%,o , 1981
TO THE MEMBERS OF THE CITY COUNCIL -
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance or resolution,
an emergency exists requiring suspension of the Charter rule as to consideration and voting
upon ordinances or resolutions at three regular meetings;_I/we,—therefore, request that you
suspend said Charter rule and pass this ordinance or resolution finally on the date it iq
introduced, or at the present meeting of the City Council. -
Respectfully, Respectfully,
Council Members
MAYOR / /
THE CITY r: CORPUS CHRISTI, TEXAS
The above ordinance was passed by the following vote:
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky