Loading...
HomeMy WebLinkAbout17005 ORD - 04/28/1982jkh:4-27,8211st.: AN ORDINANCE CLOSING THE HEARING ON STREET IMPROVEMENTS FOR THE FOLLOWING STREET(S): N. Shoreline Boulevard, from Canal Avenue to Coastal Avenue, AND FINDING AND DETERMINING THAT PROPERTY ABUTTING SAID STREET(S) WILL BE SPECIFICALLY BENEFITED AND ENHANCED IN VALUE IN EXCESS OF COST OF THE IMPROVE--- MENTS AND LEVYING AS 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 24th day of March 1982 , determined the necessity for, and ordered the improvement of the following street(s): North Shoreline Boulevard, from Canal Avenue to Coastal Avenue, 17005 in the manner and according to the plans and specifications heretofore approved and adopted by the City Council by ordinance dated March 24 , 19 82 , a duly executed notice of said ordinance havino 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,yegularly 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 A. Ortiz Asphalt Paving Company as authorized by Ordinance No. dated April 28 , 1982 , 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 March 24 , 19 82 , 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 March 24 , 19 82 , did order and set a hearing to -2- • be held at 3:00 p.m. on the 21st day of April , 1982 , at City Council Chambers, City Hall, 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 April 21 1982, in the Council Chambers, City Hall, 302 S. Shoreline 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 be -3- b 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- linUtes Regular Council Meeting April 21, 1982 Page 15 very small lot. Mr. Utter also informed the Council that that area is a Community Development Block Grant area designated to be improved; the streets and sidewalks were installed with funds from that source; an attempt is being made to rehabilitate this residential neighborhood; and the intrusion of multi -family dwellings into the neighborhood would be detrimental to the Community Block Grant Program. No one else spoke in regard to this zoning case. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Zarsky and passed unanimously. A motion was made by Council Member Hawkins that the request for "A-1" zoning for application no. 382-13 be denied; seconded by Council Member Kennedy; and passed by the following vote: Jones, Turner, Gulley, Hawkins and Kennedy voting "aye"; Dumphy and Zarsky voting "no." * * * * * * * * * * * * * Mayor Jones announced the public hearing on the following matter: The preliminary assessment roll for the improvement of North Shoreline Boulevard from Canal Street to Coastal Street. The preliminary roll totals $61,926.70 on 26 items and is based on the low bid of $557,097.86 for this 1977 bond project submitted by A. Ortiz Asphalt Paving Company. North Shoreline Boulevard will be reconstructed including parallel and head -in parking and landscaping. Assistant City Attorney Coffin stated that this hearing is required by State Law to present evidence and testimony to enable the City Council to make a decision in regard to the adoption of the assessment roll. He called as his first witness Mr. Gerald Smith, P.E., Acting Director of Engineering and Physical Development. Through questioning of the witness, Mr. Coffin ascertained that Mr. Smith has been in the Engineering Department of the City of Corpus Christi for approximately 22 years and verified that a copy of Mr. Smith's qualifications in resume form is on file in the Office of the City Secretary. Mr. Smith explained the improvements planned for North Shoreline Boulevard from Canal Street to Coastal Street and referred to an exhibit that was used during a public hearing on July 9, 1980. He stated that at that time it was decided that this would be a one-way system as a part of the development of Corpus Christi Beach, and Surfside Boulevard would be one-way in the other direction. He explained that this was included in the 1977 Bond Project and during the hearing conducted in 1980, there was no objection to the plan. He explained that because of Hurricane Allen, the bid receipt was cancelled for inutes Regular Council Meeting April 21, 1982 Page 16 these street improvements and bids were received on March 3, 1982. He explained that the plans provide for various parking bays at locations along the street which would provide parking for those going to the beach and noted that there will be landscaping along the street. He informed the Council that the street will be widened and elevated to keep North Shoreline out of the tidewater. He explained that plans were prepared in the City offices, and the low bidder was A. Ortiz Paving Company which submitted a bid of $557,097.86. Mr. Smith stated that the assessment roll consists of 26 items in the value of $61,926.70. He also stated that the rates were figured according to the ordinance limitations, and since there are no residential properties on Shoreline Boulevard, the maximum rate would be $19.50 per linear foot for 6" curb, gutter and pavement; $1 per square foot for sidewalks; and $3.78 per square foot for driveways. He also stated that the contractor has 130 working days to complete the project which will be approximately 61/2 months. Mr. Smith informed the Council that $323,000 was included in the 1977 Bond Program for these improvements, but since the cost to the City will be $515,171.16, the balance will be funded from interest on other street bond money. Mr. Coffin called as his next witness Mr. W. A. "Bill" Holly. He questioned Mr. Holly and determined that he is a licensed real estate broker and that he has on file in the Office of the City Secretary a resume of his qualifications. Mr. Holly stated that he has appraised all types of property in the City of Corpus Christi and that he is thoroughly familar with each and every parcel included in this project. He testified that he did not find any odd shaped lots, but some lots are more shallow than others due to the wave action along the beach, but he does not recommend any reduction in the assessment because of the value of the waterfront property. He testified that, in his opinion, each and every piece of property will be enchanced at least in the amount of the assessment. Mayor Jones called for comments from the audience. Mr. Robert Roth stated that he owns property at 2616 N. Shoreline Boulevard and he thought that the plan that has been presented has been examined by the people on the beach a number of times. He approved of the plans but questioned the timing of the project. He explained that in this area, there are 50 many Ylinutes Regular Council Meeting April 21, 1982 Page 17 plans being presented and there is so much turmoil on the beach since the Hurricane that he was of the opinion that this project should be delayed until the area is more settled and developed. He referred to the problems related to tearing up the street and again asked that it be delayed. Mayor Jones pointed out that the City is making the improvements to attract more development to the beach, and Mr. Roth pointed out that the street is in good condition now and again suggested that this be delayed until construction on various new developments has been completed. Ms. Juliett Brown, speaking on behalf of Charles E. and D. F. Brown, stated that they own two lots on Breakwater and Shoreline. She agreed that this project is premature since the beach property is just now being developed. She stated that they are not sure how they want to develop their property and questioned Why this street is being reconstructed at this time. Mr. Carol Carithers stated that he owns a motel and noted that they had been waiting a long time for this project. He urged that the street improvements be made as soon as possible. Mr. Dean Banks addressed the Council, stating that he is interested in bayfront development. He inquired if any of the funds for this street improvement are from any other bond funds designated for beach development. Mr. Smith assured him that there was no transfer of funds and that the project would be funded from street bond funds only. Mr. Banks then inquired about the parking lot at the end of the beach, and Mr. Smith explained that the proposal is to build a small parking lot at the end of Breakwater Avenue and pointed out that there will be other parking to serve the beach. Mr. Banks then pointed out that there is only one master plan for the beach, which was approved in 1966, which designates a parking area adjacent to the Master Host Inn. He stated that he would like to make sure that parking areas are designated in this plan to coincide with the master plan for the beach. He urged that the Council be sure that plans on any projects are in accordance with the master plan. Mrs. Helen Royal, 2722 N. Shoreline Blvd., questioned the statement that there was no residential property, pointing out that she has her home on that street. Mr. Smith explained that although there are some residences, all of the inutes • Regular Council Meeting April 21, 1982 Page 18 property is zoned commercial. Mr. Wayne Johnson, 131 Naples Street, stated that he has property on N. Shoreline Blvd. and that he is very much in favor of this project. He commended the staff for their work on it and stated that he would like to discuss some of the minor variations in the design with the Engineering staff. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Dumphy and passed unanimously. A motion was made by Council Member Dumphy that the preliminary assessment roll be adopted and that this project be expedited; seconded by Council Member Zarsky; and passed unanimously. Mr. Smith then introduced the contractor, Mr. A. Ortiz. Mayor Jones suggested that Mr. Ortiz write a letter to the property owners to inform them as to when the project will be started, which was action taken by a contractor on another street improvement project. * * * * * * * * * * * * * Mayor Jones called for consideration of appointments to the Coastal Bend Hospital Authority. A motion was made by Mayor Pro Tem Turner that the following appointments be confirmed, seconded by Council Member Kennedy and passed unanimously: Mr. Jacob Munoz, Mr. William H. Keys, Mr. Max J. Luther, III, Mr. Don Hanks, Mr. Gabe Lozano, Sr., NEC. Nancy Bowen and Mr. Jack Solka. * * * * * * * * * * * * * Mayor Jones called for consideration of the ordinances. No one spoke in regard to the ordinances; City Secretary Read polled the Council for their votes; and the following were passed: FIRST READING CHANGING THE NAME OF 14th STREET, BETWEEN SOUTH STAPLES AND AYERS STREETS, TO BUCKAROO TRAIL. The above ordinance was read for the first time and passed to its second reading by the following vote: Turner, Dumphy, Hawkins, and Zarsky voting "aye"; Jones and Gulley "no"; Kennedy absent. FIRST READING AMENDING SECTION 53-252, SCHEDULE III, PARKING PROHIBITED AT ALL TIMES ON CERTAIN STEETS, TO PROHIBIT PARKING AT ALL TIMES ON OCEAN DRIVE (WEST SIDE) BETWEEN CRAIG STREET AND SOUTH LOUISIANA STREET; AMENDING SECTION 53-253, SCHEDULE IV, STOPPING, STANDING OR PARKING PROHIBITED DURING CERTAIN HOURS ON CERTAIN STREETS BY DELETING REFERENCE TO OCEAN DRIVE (WEST SIDE) BETWEEN CRAIG STREET AND COLE STREET, EXCEPT BETWEEN AYERS STREET AND ELIZABETH STREET. The above ordinance was read for the first time and passed by the following vote: Jones, Turner, Dunphy, Gulley, Hawkins, Kennedy and Zarsky voting "aye." 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 aranted 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 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 NORTH SHORELINE BOULEVARD STREET InPROVENENT These improvenents shall include improvement to the following street: North Shoreline Boulevard, from Canal Avenue to Coastal Avenue. This street shall be constructed to a width and depth to permit the laying of a standard curb and gutter section, 8" compacted shell/sand base and 2" Type "D" Hot Asphaltic pavement. There will be 5' wide reinforced concrete sidewalk 4" thick and 6" thick reinforced concrete driveways as shown on the plans. The street will varyin width within the 100' right-of-way to accommodate a one way flow of traffic and parallel .and head -in parking in. selected areas. . • • , . .. The assessment rates have been .calculated in accordance with the' - latest paving policy adopted by the City. Based on this policy and the low bid submitted by A. Ortiz Asphalt Paving, the assessments are as follows: North Shoreline Boulvard Bid Price 6" Curb, Cutter & Pavement .Sidewalk Driveways" • ' 6" Header Curb • 4" header.Curb Total Bid Price Preliminary Assessments Total City Portion $85.88 L.F. $ 1.36 S.F. $ 3.78 S.F. $ 5.40 L.F. $ 5.29 L.F. $557,097.86 b926.70 $495,171.16 Assessment Rate $19.50 L.F. .$ 1.00 S.F. $ 3.78 S.F. $ 5.40 L.P. •$ 5.29 B.F. a k J...1, ,,, 14 / , , 17 A 1,,,I. jetAr,i..,...t+-.., / Gerald Smith, P.E., Acting Director Engineering & Physical Development CS/dl 5) CATA COLLIIDENTVINC CALAG45C (820422/090933) MESSAGE . ASSESSMENT ROLL • 2 \ 3 o o 6 7 3 9 9 27 22 9 22 9 6 27 29 22 31 32 14 M 97 93 41 33 .. ... 7 a 6 3 ft 6 6 7 7 72 7 7 3 Li. &DATI ZOCIAENTS/INC - APRIL 28, 1982-- PAGE __/. _ , ITEM , NO. OWNER AND PROPERTY DESCRIPTION UESLRI-FI1UN QUANTITY OF ASSESSED ASSESSMENT RATE AMOUNT ILIAL i< AMOUNT . ASSESSED : , . ' 7 . 7 AS-SESSMENI RULL CLUSING HEARING NORTH SHORLINE BLVD. STREET IMPROVEMENTS i . . . 12 NORTH SHORELINE BLVD. ' . . 16 (.ANAL AVE. IU LUSIAL AVE. WEST SIDE 7 ' " 0 , 1 16 NORMAN THOMPSON THE BREAKERS 100.00 L.F.C.G.& PVMT. -0- L.F.C.G.& PVMT. 500.00 S.F. S/W * 35.00 S.F. S/W -0- S.F. D/W 19.50 -0- 1.00 1.00 -0- 1,950.00 -0- Du0.00 35.00 -0- 2 . 3 . . . 7 M 19 10 21 424Z GULF bKhtLE f8402 LOTS I & 3 BLK 3 BEACH HOTEL ADDN . 23 B-4 *S/W EXTENSION -U-b.V. U/W -U- -U- . 2,485.00 ,1 25 26 27 2 ROBERT & KATHRYN ROTH 200.00 L.F.C.G.& PVMT. 19.50 3,900.00 2 3. . . . BOX 946 ROBSTOWN TX 78380 LOTS 5,7,9 & 11 BLK 3 -0- L.F.C.6.4 PVM1. 1,000.00 S.F. S/W * 112.00 S.F. S/W -U- 1.00 1.00 -U- 1,000.00 112.00 . . . 21 33 8EACH HOILL ADDN *4 S/W EXTENSIONS -0- S.t. U/W -0- S.F. D/W -0- -0- -0- -0- , 5,012.00 . SS . BENNETT ST. INTERSECTION 46 47 . 27 . 3 RUBY B. ROWDEN 150.00 L.F.C.G.& PVMT. -0- L.t.L.G.f. PVMi. 750.00 S.F. S/W * 56.00 S.F. S/W 19.50 -0- 1.00 1.00 2,925.00 -0- 750.00 56.00 W St . 54 S5 M . 4 57.05 R/0 VISTA' 78412 LOTS 1,3, & 5 BLK 4 BROOKLYN ADDN 4 . . *S/W EXIENSIUN -0- S.F. U/W -0- S.F. D/W -U- -0- -0- -0- 57 SE 3,731.00 r, 4 46 CATHERINE M. HUSTACE 50.00 L.F.C.G.& PVMT. 19.50 975.00 41 62 63 . . 2/18 N SHORELINE 78402 LOT 7 BLK 4 BROOKLYN ADM -0- L.F.C.G.& PVMT. 250.00 S.F. S/W * 28.00 S.F. S/W -0- 1.00 1.00 -0- 250.00 28.00 -0- -0- 06 . 47 . SI 77 1,253.00 , 5 54 8-2 * S/W EXTENSION -0- S.F. D/W -0- S.F. D/W -0- -0- 7 7 •z7 7 ' m 7 II1ATA 13004ENTS/INC [ APRIL 28, 1982 PAGE ITEM NO. OWNER AND PROPERTY DESCRIPTION UE5LKIPI1UN QUANTITY OF ASSESSED ASSESSMENT RATE AMOUNT TJTAL AMOUNT ASSESSED 3 4 6 *. • -0- 1.00 1.UU 3.78 -0- ,.50700 -0- 500.00 LLS.UU 580.04 -0- 6 7 . . , . 1 , , 1 7 5 . JO-StPH GROW 2801 N SHORELINE 78402 LOTS 9 E 11 BLK 4 el•le . v . . •, . -0- L.F.C.G.E PVMT. 500.00 S.F. S/W .7 II . . W 153.45 S.F. D/W 1-15 -0- S.F. D/W BliuuKCY , , 11 11-2 *S/W EXTENSION al - ,11 . II': l' 1 1, : 11 1 - • •.1 3.511.64' 1 2 7 PEARL ST. INTERSECTION 7 0418 . 6 CARITHERS INC. , 2801 N SHORELINE 78402 -----L-OTS-1r3T-E-5-"BMCM 150.00 L.F.C.G.E PVMT. -0- L.F.C.G.E PVMT. -u- S.F. Slw 56.00 S.F. S/W -0- S.F. D/W 19.50 -0- u 1.00 -0- 2,925.00 -0- u 56.00 -0- . 0 . 31 7 BROOKLYN ADON B-2 24 * 7 *Z S/W tAltNS1UNS **CR EXST S/W -U- S.F. U/W -U- - - . 2,981.00 " 28 7 RUSSELL N. PLEMONS 100.00 L.F.C.G.E PVMT. 19.50 1,950.00 7 . LUZ5 N SNURLLINt fb4UL LOTS 7 E 9 BLK 5 BROOKLYN ADDN ** * -0- L.V.I...U.t. FI/Mi. -0- S.F. S/W 56.00 S.F. S/W -u- -0- 1.00 -0- -0- 56.00 . 3 . . 12.-2 **CR EXST S/W *2 S/W EXTENSIONS -U- S.F. U/w -0- S.F. D/W -0- -0- -0- -0- - . . 7 . . . ** 5u.ou L.t.L.U. PI/mi. -0- L.F.C.G.E PVMT. -0- S.F. S/W 19.0 -0- -0- 9(,.00= -0- -0- 4,00b.u0 42 , 3 14 . . . JAMES NEIC-KENNtuY C/O RUSSELL N PLEMONS 2825 N SHORELIN 78402 04 . LUI 11 BLK .5 BROOKLYN ADDN B-2 28.00 S.t. S/W -0- S.F. D/W -0- S.F. D/W 1.00 -0- -0- C8.00 -0- -0- 7 . . 4 . *Lit EXSI S/W *S/W EXTENSION 01 1,003.00' 3 . 49 BREAKWATER AVE. INTERSECTION 65 67 5 33 9 4 CHARLES E. E D.R. BROWN C/O JACK N. BOGART r 100.00 L.F.C.G.E PVMT. -0- L.F.C.G.E PVMT. 19.50 -0- 1,950.00 -0- 61 . 70 50 se 7 9508 QUAIL VILLAGE AUSTIN TX 78758 LOT 1 E 3 BLK 6 ----- -. .--. * 500.00 S.F. S/W 20.00 S.F. S/W -0- S.F. D/W _ 1.00 1.00 -0- 50(1.00 20.00 -0- 73 74 n 7 *S/W EXTENSION - - 2,470.06 &BATA BOLUIDENTS/IRIL. APRIL 28, 1982 RATE PAGE 3 AMOUNT IJ AL AMOUNT ASSESSED , 2 : ,ITEM NO. OWNER AND PROPERTY DESCRIPTION QUANTITY ASSESSED UESLKiPTIUN OF ASSESSMENT . ----- - ' y . , LO , HtLbt H. KAtHLLK 2911 N SHORELINE 78402 LOTS 5 & 7 BLK 6 100.00 -0- 500.00 L.F.L.b.t. PVM1. L.F.C.G.& PVMT. S.F. S/W S.t-. S W S.F. D/W S.F. D/W 19.50 -0- 1.00 j.JIJ -0- -0- 1,950.00 -0- 500.0000 40.00 -0- -0- . . 16 , bRUUKLYN AUUN *2 S/W EXTENSION * 40.00 -0- -0- ' 7 Z/IHUOUD 17 19 10A HEL0t N. KAtHUR 1 1 C/O DR. MAURICE HUNSAKER 3636 OCEAN OR. 78411 5U.U0 -0- 250.00 1.F.C.Gt. PVMI. L.F.C.G.& PVMT. S.F. S/W f9.5075.00 -0- 1.00 -0- 250.00 1, 22 25 22 , LUI 9 ULK 6 20 BEACH HOTEL ADDN 2 B-2 16.uu -0- -0- S.y. S/W S.F. D/W S. F. D/W 1.00 -0- -0- 16.00 -0- -0- 25 10 27 . 7,--*-S7W-EXTENS1CIN . 1,241.00 3" . . , 11 PATRICIA A. LOVING 2921 N SHORELINE 78402 50.00 -0- L.F.C.G.& PVMT. L.F.C.G.& PVMT. 19.50 -0- 975.00 -0- 25000 -0- -0- . ." . . . . . . LU1 11 BLK 6 BEACH HOTEL ADDN 250.00 -0- -0- S.F. S/W S.F. S/W S.F. D/W 1.00 -0- -0- . 3 -0- S.F. U/W -0- -0- 1,225.00 . . . . . BRIDGEPORT AVE. INTERSECTION . ' . y 12 . MORRIS LIEDECKER EST. BOX 1391 78403 100.00 -0- L.F.C.G.& PVMT. L.F.C.G.& PVMT. 19.50 -0- 11950.00 -0- ' . . . 6t 62 LOT 1 & 3 BLK 7 BROOKLYN ADDN 8-2 500.00 * 16.00 -0- S.F. S/W S.F. S/W S.F. D/W 1.00 1.00 -0- 50 .00 16.00 -0- 3 . . . . 45 *S/W EXMNSION -U- S.F. U/W -0- -0- 2,466.00 y . 0 . 47 13 20 GEORGE TAYLOR BOX 719 78403 100.00 -0- L.F.C.G.& PVMT. L.F.C.G.& PVMT. 19.50 -0- 1,950.00 -0- , 00 . 66 . 30 LOTS 5 & ( BLK 1 BROOKLYN ADDN *S/W EXTENSION 500.00 * 32.00 -0- S.F. S/W S.F. S/W S.F. D/W 1.00 1.00 -0- 500.00 32.00 -0- 65 . 67 . 33 . -0- S.F. 0/W -0- -0- 2,482.00 69 . . 73 74 "25 . 5 (.. &BATA ISCCULDENT5MIL . 0- APRIL 28, 1982 PAGE 4 . , ITEM , NO. OWNER AND PROPERTY DESCRIPTION DtSLKIvilON QUANTITY OF ASSESSED ASSESSMENT RATE AMOUNT TJTAL , AMOUNT 7 ASSESSED . . . 7 7 14 . . MUKK1S L1tUtCKtR EST. BOX 1391 78403 LOTS 9 & 11 BLK 7 it.u.u0 L.F.C.G.6 PVm7. -0- L.F.C.G.& PVMT. 500.00 S.F. S/W 19.50 -0- 1.00 1,950.00 -0- 500.00 . 0 . 00 BROOKLYN ADON 8-2 -0- S.F. S/W -0- S.F. D/W -0- S.F. D/W -0- -0- -G- -0- -0- -0- 3 • . II . 2,450.00 , . 0 16 17 18 LUSTAL Av6NUE I, 2 5 26 15 20 . LUXURY LUDGtS 1NC. C/O STERN FIENBERG BOX 839 78403 L3.00 L.F.C.W.0 PvMT. -0- L.F.C.G.& PVMT. 80.00 S.F. S/W 1.J.ou -0- 1.00 448.50 -0- 80.00 00 00 7. = 23 . LUI 1 BLK 8 BROOKLYN ADDN B-2 -u- S.F. S/w -0- S.F. D/W -0- S.F. D/W -0- -0- -0- -0- -0- -0- , .. , . 25 26 27 *KIN UN LuSIAL I 528.50 " . . 30 END N SHORELINE BLVD END WEST SIDE 7 . . . 31 33 N SHORELINE BLVD I 2 0 . 30 . 35 LAUAC AVIU LUSIAL AVt t EAST SIDE 6 . * 47 . 37 . 16 35 HARBOR DEVELOPMENT CO. C/O NIXON M. WELCH 100.00 L.F.C.G.& PVMT. -0- L.F.C.G.& PVMT. 19.50 -0- 1,950.00 -0- 65 " 0 52 . 4 LOTS 2 & 4 BLK E BROOKLYN ADDN 16.06 • * 16.00 S.F. S/W -0- S.F. D/W .66 1.00 -0- OUTOD 16.00 -0- 53 . 55 M 4 . . 132 *S/W EXTENSION -U- S.F. U/W -u- -0- 57 58 2,466.00 : . 17 40 HARBOR DEVELOPMENT CO. 200.00 L.F.C.G.& PVMT. 19.50 3,900.00 41 52 61 . 5 2616 N SHURLLINE (8402 LOTS 6,8,10, & 12 BLK E BROOKLYN ADDN -0- L.F.L.b.& PVM1. 1,000.00 S.F. S/W * 48.00 S.F. S/W -U- 1.00 1.00 -0- 1,000.00 48.00 65 * 67 . 59 57 B-2 *3 S/W EXTENS -o- S.F. D/W -0- S.F. D/W -0- -0- -0- -0- 0 70 4,948.00 59 55 73 73 75 (i OMA 130LUIDENTS/INC APRIL 28, 1982 PAGE 1 , ITEM NO. OWNER AND PROPERTY DESCRIPTION QUANTITY ASSESSED UtW,KIPI1UN OF ASSESSMENT RATE AMOUNT WIAL AMOUNT z ASSESSED z 6 ,----- s --- 6 6 6 a a titNNtll Si. INIEKShLIIUN 19.50 -0- 1.00 z77257,0p -0- 750.00 . 14 1 to : II ,,,2 ,„ Ii• IN BOX 3400 78404 LOTS 14221431 G 144 BLK F 150.0 -0- 750.00 L.F.LoboG PVM • L.F.C.G.G PVMT. S.F. S/W btALM MUltL AUUN 8-2 *2 S/W EXTENSIONS iG.UU -0- -0- S.i.-. S/W S.F. D/W S.F. D/W 1.00 -0- -0- 3L.UU -0- -0- 2 ' 1 * t 18 - 377Ut.UU n . , 19 o WAYNh A. JUHNSUN BOX 3400 78404 LOT 145 BLK F 50.01) -0- 250.00 L.F.L.b.L PVMI. L.F.C.G.& PVMT. S.F. S/W 19.50 -0- 1.00 9(5•00 -0- 250.00 2 z n 86ALH HUILL AljUN 13-'2 *S/W EXTENSION 16.00 -0- -0- S.h. S/W S.F. D/W S.F. D/W leUU -0- -0- 16.00 -0- -0- z n 1,Z41.UU 3 3 30 1 ' ' " 1 ' 2722 N. SHORELINE 78402 LOT 146 BLK F 0.00 -0- 250.00 . . . . •'' 6 L.F.C.G.& PVMT. S.F. S/W . I -..0- 1.00 • I 8 -0 - 250.00 37 30 39 BEALH HUIEL AUUN B-2 -0- -0- -0- Sol-. S/W S.F. D/W S.F. D/W t) -0- *0- -0- -0- -0- 42 a * 1, LL5.UU n 6, 66 LOA NAIHAN R. LLARK M 344 BARTLETT 78408 66 LOT 147 BLK F 50.00 -0- 250.00 L.V.C.U.L PVMI. L.F.C.G.0 PVMT. S.F. S/W 19.50 -0- 1.00 9(5.00 -0- 250.00 . 30 31 32 • 41 BEW-RUTECIDUN B-2 -0- -0- S.F. D/W S.F. D/W -0- -0- -o- -o- -0- 34 33 36 4 4 itZLOUU ,,,, 58 30 40 PhARL SI. INIERSLLI1UN 61 62 W 21 , l'ITME A . JOHNSON BOX 3400 78404 LOT 2 BLK G 50.00 -0-.- 250.00 L.F.L.G.6 PVMT. L.F.C.G.E, PVMT. S.F. S/W 19.50 -0- 1.00 9(5.00 -0- 250.00 6 ft 67 3 5 11.111' • 8-2 -". 51.42 -0- • • ' S.F. 0/W 1-10 S.F. D/W -,- 3.78 -0- -I- 194.37 -0- 60 70 72 3 1,419.3773 74 n ''$ APRIL 28, 1982 PAGE JTAL AMOUNT : ASSESSED , ITEM NO. OWNER AND PROPERTY DESCRIPTION I• 1 , QUANTITY OF ASSESSED ASSESSMENT RATE AMOUNT 6 ' . CC WILLIAM 8. 0,LETREE 150.u0 L.F.C.G.L PVT. 19.50 2,925.00 . 2816 N. SHORELINE 78402 -0- L.F.C.G.& PVMT. -0- -0- 10 . LOTS 4,6, & 8 BLK G 750.00 S.F. S/W 1.00 750.00 : BROOKLYN ADuN * 52.00 S.F. S/w 1.00 52.00 0, *2 S/W EXTENSION 70.42 S.F. D/W 1-16 3.78 266.19 4 -0- S.F. D/W -0- -0- , 0 3,973.19 , • 21 . , , 5 uu.uuLoVeLAbota plimr7---1)-r-9750------r7,950-zo 2822 N. SHORELINE 78402 -0- L.F.C.G.& PVMT. -0- -0- LOTS 10 & 12 BLK G 500.00 S.F. S/W 1.00 500.00 22 2A1 BKUUKLYN ADDN 32.00 S.F. S/w 1.00 32.00 00 8-2 -0- S.F. D/W -0- -0- 00 21 *2 S/W EXTENSIONS -0- S.F. D/W -0- -0- , 2,482.00 . . BWEAKWAItK Alite INILKSECIION , x w -LAVERNE ,. a---24 WARNER 5U.Up L.r. .b.t. evm1 :--1-9:5-cr-------3831-00 2900 N. SHORELINE 78402 * 60.00 L.F.C.G.& PVMT. 19.50 1,170.00 . , LOTS 2 & 4 BLK H 150.00 S.F. S/W 1.00 150.00 . , UKUUKLYN AUUN -0- Soi-. S/W -U- B-2 -0- S.F. D/W -0- -0- . 0 * HDR CURB 6 PVMT -0- S.F. D/W -0- -0- , . **LR 6UL.r. XS1. S/W . 1,905.00 " 7 3 25 CITY OF CORPUS 200.00 L.F.C.G.& PVMT. -0- -0- ° LOTS 6,8,10 & 12 BLK H -0- L.F.C.G.& PVMT. -0- -0- , BROOKLYN AUON 1,000.00 S.r. Sfir----=0- -0- 3 *3 S/W EXTENSIONS * 48.00 S.F. S/W -0- -0- . . -0- S.F. D/W -0- -0- ° . . S.)-.U/W -' ''' 7 . . .00 s. ° 0 . BRIDGEPORT AVE. INTERSECTION . . , . 26 CITY OF CORPUS 300.00 L.F.C.G.& PVMT. -0- -0- . LOTS 2 THRU 12 BLK I -0- L.F.C.G.& PVMT. -0- -0- , 0 BROOKLYN AUDN 1,500.UO S.r. S/W -o- -0- 00 *S/W EXT * 100.00 S.F. S/W -0- -0- 00 5 54 -0- S.F. D/W -0- -0- 00 - S.F. D/W -0- -0- .00 ,5 r APRIL 28, 1982 • • . . PAGE 7 , UtSLKIFILUN TOTAL i< ITEM OWNER AND QUANTITY OF AMOUNT . , NO. PROPERTY DESCRIPTION ASSESSED ASSESSMENT RATE AMOUNT ASSESSED s . . - 3 4 ' 7 6 s LUASIAL AVtNUt END N. SHORELINE DR. ' . END EAST SIDE . 10 1 2 END PROJECT 6 , . , ' . . 2 7 33 13 3 211 s o 1 IUIAL ASSESSMLNIN **4' 15.1 ,9C6.(0 n . 7 ze s 3 " 4 31 29, 5 9 ' 34 T ' 36 32 n , a ° 30 40 31 41 32 Z 33 3 40 34 IS 33 44 96 7 411 ST 49 SO 33 39 2 4C 3 41 34 42 53 36 49 37 44 SS 4 39 SO 46 4 62 01 63 " 4 65 SO 62 67 -SO 5 69 S TO 34, 71 2 3 79 3 74 72 Te S'ECTIDN 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 ownersthereofabutting 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: March 24 , 19 82 , 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 of120 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 113" 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" 120 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 fevied 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 holderthereof, 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: March 24 , 1982 , 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 su6stance 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, hut 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 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. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need to take immediate action to preserve and protect public property by expedit- ing the construction of public improvements, such findings of an emergency is made and declared requiring suspension of the Charter rule as to con- sideration and voting upon ordinances or resolutions at three regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure this 28th day of April , 19 82 . ATTEST: APPROVED: 27th DAY OF April , lg 82 : J. BRUCE AYCOCK, CITY ATTORNEY By MAYO THE C Y OF CORPUS CHRISTI, TEXAS Corpus Christi, c;?P day of , 19.8*— 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, Council Members MAYOR THE CIT OF 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 17005