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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 -2- 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 -5- 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 -6- 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