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HomeMy WebLinkAbout16812 ORD - 01/13/19821i:1-13-82;1st AN ORDINANCE CLOSING THE HEARING ON SIDEWALK IMPROVEMENTS FOR THE FOLLOWING STREETS: DOWNTOWN SIDEWALK AND DRIVEWAY PROGRAM 1. Shoreline Boulevard, sidewalk construction at various locations along the west side, from Park Avenue to Hughes Street, and 2. Taylor and Mesquite Streets, driveway construction at selected locations, AND FINDING AND DETERMINING THAT PROPERTY' ABUTTING SAID STREETS WILL BE SPECIFICALLY BENEFITED AND ENHANCED IN VALUE IN EXCESS OF COST OF THE IMPROVE- MENTS AND LEVYING AN ASSESSMENT; FIXING A LIEN AND CHARGE, THE MANNER AND TIME OF PAYMENT AND COLLEC— TION; AND DECLARING AN EMERGENCY. WHEREAS, the City Council of Corpus Christi, Texas, by duly enacted ordinance passed and approved on the 9th day of December , 19 81 , determined the necessity for, and ordered the improvement dEthe following streets by the construction, reconstruction, repairing or realigning of concrete sidewalks') on Shoreline Boulevard, at various locations along the west side, from Park Avenue to Hughes Street, and driveway construction at selected locations on Taylor and Mesquite Streets. 16812 SEP 48 1984 micROBLMED in the manner and according to the plans and speLifications heretufore approved and adopted by the City Council by ordinance dated December 9 , , 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 Civil Constructors, Inc. /as authorized by Ordinance No. dated , 19 , 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 December 9 , 19 81 , 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 December 9 , 19 81 , did order and set a hearing to -2- be held at 3:00 p.m. on the 6th day of January , 1982, at City Hall, in the City Council Chambers, 302 S. Shoreline, in the City of Corpus Christi, Texas, for the real and true owners of the pro- perty 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 January 6 ' 19 82 , in the Council Chambers, City Hall, in the City of Corpus Christi, Texas, in accordance vith said ordinance and notice, at which time an opportunity was given to all said abovementioned persons, firms, corporations and estates, their agents and attorneys, to be -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- 'nutes .tgular Council Meeting January 6, 1982 Page 10 Mr. Lontos stated that the Staff definitely recommends closing only one foot of the alley because the remainder must be retained for fire protection and utility easement. Mr. Dean agreed to this proposed closing. No one else spoke in regard to this alley closing. A motion was made by Council Member Gulley that the hearing be closed, seconded by Council Member Hawkins and passed unanimously by those present and voting. A motion was made by Council Member Gulley to close the one foot of the 20 -foot alley at the rear of Lots 33-38, Block 810, Port Aransas Cliffs Addition, as recommended by the City Staff; seconded by council Member Zarsky; and passed unanimously. * Dr. Charles Kennedy arrived.at the meeting at 3:30 p.m. ********** Mayor Pro Tem Turner announced the public hearing scheduled for 3:00 p.m. on the following matter: Assessment roll for the Downtown Curb, Sidewalk, and Driveway Renovation Project. The roll contains 17 items with total assessments of $15,890.61. New sidewalk on portions —(5E—Shoreline Boulevard from Park Avenue to Hughes-- StrEef and new driveways on portions of Mesquite and Taylor Streets are proposed. Mr. Bob -Coffin, Assistant --City Attorney, conducted the legal portion of the hearing stating that the purpose of the hearing is to provide the Council with information in order for them to make a determination as to whether or not the assessments are comparable to the enhancement of the property. He called as his first witness Mr. Geral Smith, P.E., Chief Engineer in the Engineering and Physical Development Department. Through questioning of the witness, Mr. Coffin ascertained that Mr. Smith is a- Registered Engineer in the State of Texas; he has been with the City of Corpus Christi for 22 years as Chief Engineer; he obtained his degree in Civil Engineering from the University of Texas at Austin. ** Mayor Luther Jones arrived at the meeting at 3:31 p.m. Mr. Smith continued his presentation and stated that he is thoroughly familiar with the property in this area. He displayed a transparency showing the scope of the project and pointed out the streets to be improved. Mr. Smith indicated to the Council the thirty-six blocks of the downtown area are included Minutes gular Council Meeti'ng ,Tuary 6, 1982 eage 11 ' in the project for renovation and restoration of the pavement. He informed the Council that also included is replacement of considerable sidewalks on Shoreline Drive on which they propose to construct six-foot sidewalks from the Convention Center to the Holiday Inn on Shoreline. He stated that this sidewalk is an assessment item and there will be only three spots in the major portion of the project on which assessments for driveways will be charged. He testified that the plans and specifications were prepared by the Engineering _ _ _ . _ Department of the City of Corpus Christi; bids were received from six contractors on December 23, 1981; and the low bidder was Civil Construtors, Inc. He also stated that the assessment roll was prepared according to the City's assessment policy and the total cost of the portion of the project on — which assessments are levied is $43,087 the 17 parcels on the assessment roll total $15,389.22 and the City's share of this portion of the project is $27,697.78. Mr. Smith stated that the cost of the entire project is $234,024.05 - which includes streets to be renovated but which will not include assessments. --- He stated—that-the cost -of the project will come froffi-tlid-borid fund and notd - "- - that the only tax-exempt organizations affected by this piOject are the Convention Center and the Tourist Bureau. He explained that letters were sent _ _ to all property owners in the area, even though they were not subject to the assessments-,-just-to make them -aware that the project was being initiated. He informed the Council that 90 working days had_ b_een alloted for the construction of the project. _ Mr. Smith explained the method of payment of the assessments, stating that none of the assessments will be due until the completion of the project, and the property owners may pay in cash or the assessment cost may be paid over a five-year period at an interest rate of 61/496. He explained that the property owners did not request these street improvements, but the City has the authority to levy such assessments. Acting City Manager Briones commented that the voluntary paving program is limited to residential areas. Assistant City Attorney Coffin called as his next witness Mr. W. A. Holly. Mr. Coffin then questioned Mr. Holly and determined that he is a qualified real estate appraiser and broker and that he has been in the City of Corpus Christi since 1929 and in the real estate business since 1934. Mr. Holly testified that he has worked for the City for many years preparing appraisals. He stated -'nutes 3gular Council Meeting January 6, 1982 Page 12 that he is thoroughly familiar with the subject project and that he has examined each and every piece of property affected by the improvements. Mr. Holly testified that, in his opinion, each piece of property will be enhanced at least in the amount of the assessment and stated that there are no triangular or irregular shaped lots included in the assessment roll. , Mayor Jones called for comments from the audience. Mr. Charles DeCou stated that he is a property owner in the area of the improvements but he has not been assessed anything. He stated that he had just received the notice of the project a day or so ago. He questioned the plan to remove all unused driveways and wondered why his driveway was being removed. Mr. Smith explained that the Staff surveyed the downtown area of the City and in additon to broken sidewalks, there are a number of driveways that are - either not used or do not serve any place of business and they recommend that those driveways be torn out. Mr. DeCou informed the Staff and the Council that he planned to construct - a parking lot and could use the driveways at his property. - Mr. smith informed Mr. DeCou that the Staff- was -of the opinion that the width of the driveways in_ _question should be reduced and iiita1ledTh accordance with the layout of his proposed parking lot. — -Jones-suggested-that- Mr:-DeCou-provide in writing the- loZatiori-of- the - - driveways that he does not want eliminated. Mr. DeCou stated that he has a problem deciding where he wants the driveways located because he is not sure exactly how his parking lot will be designed. He objected to the fact that he was not informed that the City plans to reduce or eliminate the driveways on his property. Mr. Smith reiterated that the letters informing the property owners about the project were niailed December 23, 1981. Mr. DeCou informed the Council that he would like to have two 30 -foot driveways on each street adjacent to his property. Mayor Pro Tern Turner stated that she felt that the Staff should be available to talk to Mr. DeCou. Mr. Briones suggested that Mr. DeCou discuss this with Mr. Smith or Mr. Lontos, and Mayor Jones suggested to Mr. DeCou that if they could not work the driveway situation that he appear before the Council again. 'linutes :gular Council Meeting Jnuary 6, 1982 Page 13 Mayor Pro Tem Turner suggested that property owners be informed three weeks in advance if their property is going to be affected by a project. Mr. Sam Allen stated that he is a property owner and that he owns two pieces of property on which driveways are to be eliminated. He stated that he did not receive any kind of notification even though the City plans to close two driveways on his property. He also informed the Council that he has plans to redevelop his properties in the near future. He agreed that this ' is a very good project but objected to the elimination of driveways without consultation with the property owners. A motion was made by Mayor Pro Tem Turner that Mr. Smith prepare some type of policy by which owners are notified well in advance of contemplated projects that affect their property. _ Council Member Dumphy agreed that it would only be courteous to inform property_ owners of any project that will affect their property. Council Member Zarsky also referred to other projects on which property owners are not notified-- such as zoning, installation of drainage ditches ;etc:— and stated that he would like -to -see- a list of the type of situations to which _ _this could be applied. _ _ _ Mayor Jones called for the vote on the motion and it passed unanimously, Mr. Ben Wallace, -rePresenting the landowner for Blocks 8 & 9, informed the .-.Conncil_ _that_ he_r_eceiv_uLnatic_e _DA_Monday_ in regard to Block_ 9_ but _has not _ received one for Block 8. He stated that his clients plan to construct a hotel in this area; they plan to construct driveways on Blocks 8 & 9; and expressed appreciation that sidewalks are being installed but pointed out that his clients will have to break out the sidewalk for driveway construction. He informed the Council that his clients are still planning to construct a hotel and an office building but they are attempting to find financing at this time. Mr. Smith- summarized by stating that normally, the Engineering Department recommends that the contract be awarded one week after the assessment hearing; they do not anticipate that the construction will start until - the middle of February; and stated that the Staff will be glad to discuss the driveways scheduled to be eliminated with the property owners. No one else spoke in regard to this project. A motion was made by Council Member Gulley that the hearing be closed, seconded by Council Member Kennedy, and passed unanimously. 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 slid_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 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 enchanced 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 cwner 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- FINAL ASSESSMENT ROLL DOWNTOWN SIDEWALK AND DRIVEWAY PROGRAM JANUARY 13, 1982 :The Downtown Sidewalk and Driveway Program shall consist of improvements to the following streets: (1) Shoreline Boulevard, sidewalk construction at various locations along the west side, from Park Avenue to Hughes Street, and (2) Taylor and Mesquite Streets, driveway construction at selected locations. This construction shall consist of placement of sidewalk within the limits des— cribed along the west side of Shoreline Boulevard at those locations that do not now have existing -sidewalk. The driveway construction shall consist of the replacement of existing asphalt driveways with concrete driveways on Taylor and Mesquite Streets. The sidewalks will be 6' to 8' in width and constructed of 4" thick reinforced concrete and the driveways will be of 6" thick reinforced con— crete. The low bid for this project was submitted by Civil Constructors, Inc. The assessment rates havebeen calculated in accordance with the latest assessment policy adopted by the City. Based on this policy the assessment rate is as follows: GS/dl Bid Price Assessment Rate Sidewalk $2.85 S.F. $1.00 S.F. Driveways $2.33 S.F. $2.52 S.F. TOTAL COST FINAL ASSESSMENTS TOTAL CITY SHARE $43,087.00 15,389.22 $27,697.78,____ Gerald Smith, P.E., Acting Director 7 Engineering & Physical Development CALAG4 1 f1291117/ 1'130491_14ES SAG E RniL JARUARY 13. 1982 PAGE DESCRIPTION TOTAL ITEM OWNER AND QUANTITY OF , AMOUNT NO. PROPERTY DESCRIPTION ASSESSED ASSESSMENT RATE AMOUNT ASSESSED ASSESSMENT ROLL CLOSING HEARING DOWNTOWN CCNSTRUCTION SIDEWALK & DRIVEWAYS S SHORELINE BLVD PARK AVENUE TO HUGHES ST WEST SIDE ONLY 1 A.M. & ALICE SALVO 201 BAYCLIFF 78412 - 0- L.F.C.G.& PVMT. -0- -0- L.F.C.G.& PVMT. -0- - 0- 70- LOT 1 BLK 3 RAYNE TRACT 8-2 270.00 S.F. S/W -0- S.F. S/W - 0- S.F. D/W 1.00 -0- - 0- 270.00 -0- - 0- -0- S.F. D/W -o- -o- 270.00 2 WHATABURGER INC. C/O PROPERTY TAX SVC - 0- L.F.C.G.& PVMT. -0- - 0- L.F.C.G.& PVMT. -0- -0- - 0- BOX 8808 78412 LOTS 11 & 12 BLK 2 WATER BEACH 200.00 S.F. S/W -0- S.F. S/W -0- S.F. D/W B-2 - 0- • S.F. D/W 1.00 -0- -0- - 0- 200.00 - 0- -0- - 0- 200.00 3 EDUCATIONAL SVC.CNTR C/O C.V. COOK -0- L.F.C.G.& PVMT. -0- -0- L.F.C.G.& PVMT. -0- -0- -0- 209 N WATER 78401 LOTS 7 THRU 10 BLK 2, WATER BEACH 1,600.00 S.F. S/W - 0- S.F. S/W - 0- S.F. 0/W 1.00 - 0- - 0- 1,600.00 -0- -0- B-2 - 0- S.F. D/W -0- - 0- 1,600.00 4 CITY OF CORPUS SCHATZEL ST. MEDIAN - 0- L.F.C.G.& PVMT. -0- - 0- L.F.C.G.& PVMT. -0- - o- - 0- 390.00 S.F. S/W -0- S.F. S/W - 0- S.F. D/W - 0- S.F. D/W - 0- - 0- .00 4ANUARY_131982 PA E__2 DESCRIPTION TOTAL ITEM OWNER AND QUANTITY OF AMOUNT NO. PROPERTY DESCRIPTION. ASSESSED ASSESSMENT RATE AMOUNT ASSESSED 5 A.P.K. PROPERTIES -0- L.F.C.G.& PVMT. -0- -0- C/0 JOSEPHINE SPARKS -0- L.F.C.G.& PVMT. -0- -0- 205 ROSEBUD 78404 2,100.00 S.F. S/W ' 1.00 2,100.00 LOTS 7 THRU 12 BLK 2 -0- S.F. S/W -0- . -0- , WATER BEACH -0- S.F. D/W -0- -0- 8-2 -0- S.F. D/W -0- -0- 2,100.00 6 PT. GREY INVESTMENT CORP. C/O BILL HENDERSON BOX 1168 - 0- L.F.C.G.E PVMT. -0- -0- - 0- L.F.C.G.& PVMT. -0- -0- 1,740.00 S.F. S/W 1.00 1,740.00 PLANO TX 75074 - LOTS 7 THRU 12 BLK 8 WATER BEACH -0- S.F. S/W - 0- S.F. D/W - 0- S.F. D/W 8-2 1,740.00 7 ROBERT B. WALLACE, JR. TRUSTEE -0- L.F.C.G.B PVMT. -0- - 0- L.F.C.G.& PVMT. -0- - 0- -0- 1006 GUARANTY BANK PLAZA 78475 LOTS 7 THRU 12 BLK 9 1,800.00 S.F. S/W - 0- S.F. S/W - 0- S.F. D/W 1.00 1,800.00 -0- -0- -0- -0- WATER BEACH 8-2 -0- S.F. D/W -0- -o- 1,800.00 8 RICHARD A. GRAY JR. - 0- L.F.C.G.& PVMT. -0- -0- 1013 N SHORELINE 78401 LOTS 7 THRU 12 BLK 10, WATER BEACH - 0- L.F.C.G.& PVMT. 1,260.00 S.F. S/W -0- S.F. S/W -0- 1.00 - 0- -0- 1,260.00 -0- B-2 - 0- S.F. D/W -0- S.F. D/W -0- - o- - 0- - 0- 1,260.00 BA CITY OF CORPUS - 0- L.F.C.G.& PVMT. - 0- -o- PRESSWAY/BELDEN ST. MEDIAN - 0- L.F.C.G.& PVMT. -0- 210.00 S.F. S/W -0- - 0- S.F. S/W • -0- -o- - o- S.F. D/W S.F. D/W -0- - 0- - o- -o- .00 - JANUARY 13, 1982 DESCRIPTION TOTAL ITEM OWNER AND QUANTITY . OF AMOUNT NO. PROPERTY DESCRIPTfON ASSESSED ASSESSMENT RATE AMOUNT ASSESSED ' 9 VESTLAND INC -0- L.F.C.G.& PVMT. -0- -0- C/0 PROPERTY TAX SERVICE -0- L.F.C.G.& PVMT. -0- -0- BOX 8808 78412 1,140.00 S.F. S/W 1.00 1,140.00 LOT 7 THRU 10 BLK 13 -0- S.F. S/W -0- -0- 8-2 -0- S.F. D/W -0- -0- - 0- S.F. 0/W -0- -0- 10 WESTLAND FILM INDUSTRIES -0- L.F.C.G.& PVMT. -0- -0- 1401 N SHORELINE 78401 -0- L.F.C.G.& PVMT. -0- -0- ' LOTS 7 THRU 12 BLK 54 • 1,920.00 S.F. S/W 1.00 1,920.00 11140.00 BEACH PORTION 8-2 -0- S.F. S/W -0- -0- -0- S.F. D/W -0- -0- - 0- S.F. D/W -0- -0- 1,920.00 11 THE ESHLEMAN TRUST C/O LORINE E. VOGT BOX 2663 78403 - 0- L.F.C.G.& PVMT. - 0- L.F.C.G.& PVMT. 780.00 S.F. S/W - 0- - 0- 1.00 - 0- -0- 780.00 LOTS 2 & 3 BLK 63 BEACH PORTION 8-2 -0- S.F. S/W -0- -0- -0- S.F. D/W -0- -0- -0- S.F. D/W -0- -0- 780.00 12 K.P. HRISSIKOPOLOUS 1014 MIRAMAR 78411 LOT 4 BLK 63 BEACH PORTION B-2 -0- L.F.C.G.& PVMT. -0- - 0- L.F.C.G.& PVMT. -0- 300.00 S.F. S/W 1.00 -0- S.F. S/W - 0- S.F. D/W -0- S.F. D/W -o- -o- - 0- 300.00 -0- -0- -0- 300.00 13 E.K. COPELAND KING COPELAND LMBR CO. ROBSTOWN TX 73380 -0- L.F.C.G.& PVMT. -0- L.F.C.G.& PVMT. 300.00 S.F. S/W LOT 5 BLK 63 BEACH PORTION -0- S.F. S/W - 0- S.F. D/W - o- - o- 1.00 -0- - 0- - 0- -0- 300.00 -o- - o- - 0- S.F. D/W -0- -0- 300.00 JANUARY 11.2_1912 PAGE__4 DESCRIPTION TOTAL ITEM OWNER AND QUANTITY OF AMOUNT ,NO. PROPERTY DESCRIPTION ASSESSED ASSESSMENT RATE AMOUNT ASSESSED 14 MAURICE O. NAST 423 WILLIAMSON 78411 LOT 6 BLK 63 BEACH PORTION B-2 - 0- L.F.C.G.& PVMT. -0- - 0- L.F.C.G.& PVMT. -0- 300.00 S.F. S/W 1.00 - 0- S.F. S/W -0- -0- S.F. D/W -0- -0- S.F. D/W -0- - 0- - 0- 300.00 - 0- -0- - 0- 300.00 15 MAYFLOWER MOTOR HOTEL -0- L.F.C.G.& PVMT. -0- -0- C/OED SLAVIK -0- L.F.C.G.& PVMT. -0- -0- 80X 8808 78412 390.00 S.F. S/W 1.00 390.00 LOTS 5 & 6 BLK 72 BEACH PORTION B-2 - o- -o- - o- S.F. S/W S.F. D/W S.F. D/W 390.00 DRIVEWAY CONSTRUCTION TAYLOR & MESQUITE STREETS TAYLOR STREET 16 C.C. TOWN CLUB BOX 325 78403 - 0- L.F.C.G.& PVMT. -0- - 0- L.F.C.G.& PVMT. -0- - 0- - 0- LOT 6 BLK 6 BEACH PORTION - 0- S.F. S/W -0- -0- S.F. S/W -0- 208.45 S.F. D/W 1-20C 2.52 - 0- -0- 525.29 -0- S.F. D/W -0- -0- 525.29 17 E.B. BAKER C/O E PAT BAKER - 0- L.F.C.G.& PVMT. -0- -0- L.F.C.G.& PVMT. -0- -0- - 0- 925 MONTECITA DRIVE SAN ANGELO TX 76901 LOT 1 BLK 3 -0- S.F. 5/W -0- S.F. S/W 162.45 S.F. D/W 1-16C -0- - 0- 2.52 - 0- - 0- 409.37 BEACH PORTION -0- S.F. D/W - o- -o- 409.37 MESQUITE STREET 18 BESSIE JOHNS ESTATE C/O 1800 BANK & TRUST - 0- L.F.C.G.& PVMT. -0- - 0- L.F.C.G.& PVMT. -0- TOWER 78477 . LOT 9 BLK 14 BEACH PORTION -0- S.F. S/W - 0- S.F. S/W 140.70 S.F. D/W 1-15C -0- S.F. D/W - 0- -0- 2.52 -0- - 0- -0- 354.56 - 0- 354.56 JANUARY 13. 1982 ITEM OWNER AND NO. PROPERTY DESCRIPTFON RAGE 5 DESCRIPTION TOTAL QUANTITY OF AMOUNT ASSESSED ASSESSMENT RATE AMOUNT ASSESSED END PROJECT TOTAL ASSESSMENTS * 15,389.22 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 thcreof, 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: December 9, , 19 , 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 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 may be extended beyond sixty (60) in number so that, at the owner's request, the total monthly payments will not exceed ten ($10.00) per month. SECTION 6. That for the purpose of evidencing said 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 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 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 nf 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: December 9 , 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 be, to be enforceable, at any time corrected by the said City Council of the City of Corpus Christi. Further that the omission of said improvements in front of any part of parcel of property abutting upon the aforementioned streets, which is exempt from the lien of said assessment, shall in no wise affect or impair the validity of assessments against the other parcels of property abutting upon said street; and that the total amounts assessed against the respective parcels of property abutting upon said streets within the limits herein defined and the real and true owner or owners thereof, are the same as, or less than, the estimate of said assessment prepared by the Director of Engineering and Physical Development and approved and adopted -11- by the City Council and are in accordance with the proceedinos 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 13th day of January 19 82 . ATTEST: 41 /1" Ci secretary WOR THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: 13th DAY OF January , 19 82 J. BRUCE AYCOCK, CITY ATTORNEY -12- Corpus Christi, xas 43 day of 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; 1/we, therefore, request that you suspend said Charter rule and pass this ordinance or resolution finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, MAYOR Council Members dOf 440./T. THE CITY OF CORPUS CHRISTI, TEXAS The abbve ordinance was passed by the foll ing vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky 16812