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
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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