HomeMy WebLinkAbout17298 ORD - 10/13/19823-
e"
AN ORDINANCE -
CLOSING THE HEARING ON STREET IMPROVEMENTS FOR CALALLEN
DRIVE, FROM U.S. HIGHWAY 77 TO REDBIRD LANE; FIXING A
LIEN AND CHARGE, THE MANNER AND TIME OF PAYMENT AND
COLLECTION; AND DECLARING AN EMERGENCY.
WHEREAS, the City Council of Corpus Christi, Texas, by duly enacted
ordinance passed and approved on the 8th day of September, 1982, determined
the necessity for, and ordered the improvement of Calallen Drive, from U.S.
Highway 77 to Redbird Lane in the manner and according to the plans and
specifications heretofore approved and adopted by the City Council by
ordinance dated September 8, 1982, 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, the , said City Council has caused the Director of
Engineering 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 heretofore 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
September 8, 1982, 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 ordinance dated
September 8, 1982, did order and set a hearing to be held at 7:30 p.m. on the
6th day of October, 1982, at the Wilma C. Magee Elementary School Cafeteria
in the City of Corpus Christi, Texas, for the real and true owners of the
property abutting upon said streets, within the limits above defined, and for
all others owning or claiming any interest in, or otherwise interested in
said property, or any of said matters as to the assessments and amounts to be
assessed,against each parcel of abutting property and the real and true owner
or owners thereof, and as to the special benefits to accrue to said abutting
property by virtue of said improvements, if any, or concerning any error,
SEP 28 1984
MICROFILMED
17298
,.
c.
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 ad 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 hearing, 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
provided by law and the Charter of the City of Corpus Christi, said hearing
of which notice was given, was opened and held on October 6, 1982, in the
Wilma C. Magee Elementary Cafeteria 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 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:
2
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 contract
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 statements, 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 benefited by the construction of said
improvements upon the said streets upon which 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 proceedings were being had, and the
proceedings of said City Council heretofore had with reference to such
improvements, and in all respects to be valid 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
3
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 enhanced 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 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
4
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 provisions 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
proceedings 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:
5
.------GEORGE N. PARASKEVAS
REALTORS
EVERHART PATIO PLAZA
5440 EVERHART
CORPUS CHRISTI. TEXAS 78411
September 27, 1982
City of Corpus Christi
Corpus Christi, Texas
Gentlemen:
As per your request for examination and appraisal, please
make reference to your preliminary assessment roll entitled
"Calallen Drive from U.S. Highway 77 to Redbird Lane".
This roll consists of twenty-eight (28) items, and was checked
in a physical survey in which I personally examined each pro-
perty involved.
The properties involved in this street improvement program
are on Calallen Drive from U.S. Highway 77 to Redbird Lane,
on both the west and east side of the street.
It is my professional opinion that all of the properties being
assessed in this street improvement program will be enhanced
in value by this improvement, to at least the amount of the •
improvements.
Yours truly:
George N. Paraskevas, CRB,ICA
GNP:gnp
BA, Chemistry/Biology, Pan American University
Certified Real Estate Broker
International Certified Appraiser
Texas Real Estate Broker
CRB
Certified Residential Broker
i
• ,, :11 ' TO : J,77"; • II -51110 'I P 11141. [11:5,. EL-t..r: Lii[i VP ,E....7 EF 54. Li:,;4 1? V, li 11..r.1! I- V r.
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.== 4 .1 -1=-, " -7-1 ::::-.Z.:-. " - '," - -...4 "%Z:- ..... I. "-',:: -1 L- :"."'"..1 i- I,: ' L....".-:-.41:7-.....1 6.0=1:4
OFFICE ( 51Z1 992-2541
FINAL ASSESSMENT ROLL
CALALLEN DRIVE
FROM U.S. HIGHWAY 77 TO REDBIRD LANE
This project shall include improvements to Calallen Drive within the described
limits and provides for construction by excavation to a width and depth to
permit the laying of a 41 foot wide street within the 60 foot wide right-of-way.
The improvements include standard 6" curb and gutter sections, 6" thick stablized
subgrade, 10" thick flexiable base and 11/4" of Hot Mix asphaltic pavement. There
will be 4' wide reinforced concrete sidewalks, 4" thick and 6" thick reinforced
concrete driveways as shown on the plans.
This project is being constructed by the City and the State Department of
Highways and Public Transportation and is an improvement assessment project.
Based on the low bid price submitted by Heldenfels Brothers Inc., and the City's
current assessment policy, abutting property owners are assessed at the following
rates:
Bid Price Assessment Rate
Curb, Gutter & Pavement $22.14 L.F. $19.50 L.F.
Sidewalk $ 1.49 S.F. $ 1.00 S.F.
Driveways $ 3.00 S.F. $ 3.00 S.F.
Residential Property, Schools & Churches
Curb, Gutter & Pavement $ 9.75 L.F.
Sidewalks $ 1.00 S.F.
Driveways $ 3.00 S.F.
GS/dl
Total Cost
State & Federal Portion
Final Assessment
City Share
$437,597.97
$189,997.97
$ 75,162.78
$172,437.22
GeA,:et
Gerald Smith, T.E.
City Engineer
[ ,
OCTOBER 13, 1982
, :
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PAGE 1
'irtte--64A4W'--------lidifiri - -13#- - -' -4' .AMOUNT''' '''-2
3 NO:'—" -PROPERTY -DESCRIPTION- SSESSEU-"ASSESSMENT-'4--RATEAMOUNT"--"--'-ASSESSED'':'
4
4
6
7
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ASSESSMENT ROLL CLOSING HEARING - -
"CAIALLEN DRIVE'IMPR0VEMENTS''-'4-"4-"''''--
0
13
2
BEGIN WEST-SiDE
12
14 , ,
:, ...,
. .. ' .. .. t ,.....,,,e......e.,. ,.. . .
6
1604 W HILDEBRAND
-0- L.F.C.G.E PVMT.
-0-
7
SAN ANTONIO TX 78201
-0- S.F. S/W
-0-
-
-0 17
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FIVE POINT SHOPPING CNT
-0- S.F. S/W
. -0-
9
8-1,t, 4,I10PPINP: CENTER .
,'' , ,-, . -0^%.,, S.F. D/W
.•.. ,
--. - ,
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25
23
25
24
TEAGUE LANE
24
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-8; 1997 - ''''''''"'"''''''''--" "' '
28
4602 CORMETT 78410
-0- L.F.C.G.& PVMT.
-0- .
-0-
MAGEE ELEMENTRY SCHOOL
3,128.00 S.F. S/W
1.00
3,128.00 29
R-18. SCHOOL
, -0- S.F. S/W
-Or
-0-
21
20 FT
747.68 Sof. OtW 1--24C .
3.00
2,243,04
-3,
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54
5
33
5,688.35 34
u 3
SOCIETY OF CHRISTIAN
583.42 L.F.C.G.E PM.
9./5
:
SOCIAL SERVICES - ..- - L.F*C40.E. PVMT..
46(4.-- 41401 -pg: .!7,61,407:, , - 2,333:,,k4"-S;F-;---Si, -,
-0-
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'''0-
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CENIZO CANYON UNIT 2
61.18 S.F. big' 1--12
3.00- 1136.54
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41
SP
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413 PL 78410
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46
LOT 1
9-4-70 S.F. 5/W
1.00-
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94.00 47
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39
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4
4
4
44
4
46
4
44
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50
51
53
54
55
06
OCTOBER 13. 1982
DESCRIPTiON
ITEM ._ , ..-:::64Nstliiii71:7464NTlfi:: -- .,.-0, - , . --,“- AMOUNT
-NO. - - " - PROPERTY fittkfrOfitiN-7-. A-Sttst'Eb kg- E t-t',:ig-i4-T-. -- ---:-fi-A-rt -- '- -At46UNi-.----4-A'sgt-sSED
, ,, SMITH PRIV INTgAsgrooll „ .
5 TIMONTHY W. HIX 201.96 L.F.C.G.E. PVMT. 9.75 1,969.11
4701 CALALLEN DR 78410 -0- L.F.C.G.E PVMT. -0- -0-
LOT 26 B LK A * 807.84 S•F • S/W .20 161.57
RI VER FOREST ADON.',:_,;_, ,,,,„,,,,,,, ,,,,„, --0^- S.F• S/W , , ,-.0'^-
R-18. 1 KE5-"Ii0t1-7,,,,, I' .,:, -:7,1.„.....,:71;44:4:1.•:,PlA:T.''44:1;,......7 3•.0. .43,i,WT,-
.. 2 # 344.22
6 MELVIN B. OgBRYANT , , ; ,,,,„,, 80.00 L•F.C•0•G PVMT. , 9.75 , , 780.00,,,,,,,, 1
-4709 - CAL -AC L EN -DR' .74140-4,',' '''-' - ''''''':--0:.- ''''t..7r;
- - ' 1-07-23 8LK-A, ` - ' " ' '''''''''''-`"' :""'".:*-3'2-0-.00" S • F. -,S/W-'-' - "" ' " • 20 '' 64.00
RI VER FOREST ACRES -0- S • F• S/W -0- . -0-
R-1B, 1 RES UNIT 67.18 S.F. D/W 1-15 3.00 201.54
*CR EXST S/W .80 -0- S.F • D/W
1.045.54 ,
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, .. _,I.,,,,,, 4,,,, ..,„, , ,, ,,,,,,,,,,,,,,,,,,,,7_ .,,,,!,-,0,.:,,; '-',,,,,.--,r.4,-,,,,,,,,,,,,,,-„. ',",,".',`,7•L'A`,:,,,t.'''7,', '44' ',"'-'' '" , '-' '---- ' '-'-`',--?'-'''''''''''''''''"'''',' '-'4",,,,Z, ,,,,,, '.••,,,,,,A,,,,,/,,,,,,,,;.;-., r'f , 11- tr-,,
7 M.G. MULL INS 80.00 L.F.C.G.'E PVMT. 9.75 780.00
4713 CALALLEN DR. 78410 -0- L.F.C.G.G PVMT. -0-
LOT 24 BLK A 320.00 S.F. S/W .20 64.00
RIVER - FOREST ACRES -0-- S.F. S/W :
,
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1,057.54
8 MARRY J. DIETRIOK ET DX._ - ‘.80.00 L•F•C•G•& PVMT. , 9.75 , , 780.00, •
RIVER FOREST ACES -0- S.F. S/W -0 -
R -18, 1 RES UNIT 71.18 S.F. D/W 1-16 3.00 213754
*CR EXST S/W .80 -0- S.F. D/W
, . 1,057.54 ,
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9 ED WA Ri) O. L OFTON 80.00 L.F.C.G.E PVMT • 9.75 780.00
4721 CALALLEN OR. 78410 -0- L.F.C.G. & PVMT. -0- -0-
LOT 22 BLK A * 320.00 S.F. S/W .20 64.00
RIVER FOREST Ac,R,.gs... . _ _7,07-, .4„.f.,,,v1, _ , , _707_ _ ._, _ 7,07-,
- R=18:1-1: 'RES- !Mit' „,„,,,76,7,•18 S•F . D/W 1-15 .,,, ,B•00 , ,,,„. ?01•54,,,,
'-
1.045.54 5
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OCTOBER 13 1982
...,4"
ITEM , WritA_ , -, _
.PROP'ERTY-DESCR1PTION --
UANTIT , OF
, , _ , ,
ASSESSED- "-ASSESSMENT "
,,, , TOTAL
— ----- -- -'"- ' 'AMOUNTMo'T' 4
-_, _ _ _
' RATE- ----AMOUNT - --ASSESSED
-
,
10
JACK R. STANFORD ET UX
4725 CALALLtN -DR. ' 7A;fap`
80.00 L.F.C.G.& PVMT.
-; .G.a p,11MT.
9.75
780.00
64.00
--
RIVER FOREST ADDN.
-0- S.F. S/W
71.18 S.F. D/W 1-16
-0-
3.00
-0-
-0-
213.54
-0-
R-18, 1 RES UNIT
*CR EXST S/W .80
-0- S.F. D/W
,
1.057.54
11
RAYBURN M. BRITT
80.00 L.F.C.G.& PVMT.
9.75
780.00
4729 CALALLEN DR. 78410
-0- L.F.C.G.& PVMT.
-0-
-0-
LOT 20 BLK A
320.00 S.F. S/W
.20
6470-0
RtVER FOREST ADON,
R-18, 1 RES UNIT— ,
*CR'
_
-07 S.F. S/W
,
.18 S -.F. D/W 1-16
-0-
3 3.00
'''
213.54 "
'
12
---'2325
FILIBERTO CHAPA ET UX
800A ' RATorsi - "
70.00 L.F.C.G.& PVMT.
-0- ''---- ' 1.F.C.G.c pvtt-r.'
9.15
-0---
682.50
LOT 19 BLK A
-0- S.F. S/W
67.18 S -.7-.707W-1-15
-0,
3.00
-0-
-0-
201:54
-0-
RIVER FOREST ADDN
R-11311 RES UNIT
55L.F. S/W
*CR EXST S/W -.
'
- 928.04
STATION 27+00
END CALALLEN DR.
END WEST SIDE
CALALLEN DRIVE
•
•1 • 1; • I 1
•
_
liOBER T F ..-' M I liKEI so rv"---'
C.F. G,&. PVMT."
5440 EVERHART (8411
-0- L.F.L.U.4 PVMi.
-S-713. .
-0- S.F. S/W
-U-
17U0
-0-
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L0T 2878371-6-STF-
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RIVER FOREST
-
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226.73 S.F. D/W 1-241
3.UU
580.19
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-0- S.F. S/W -o-
xIvcx FOREST ACRES
235.73 S.F. D/W 1-25C 3.00 707.19
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-o- S.F. D/W -o- -u-
, '
. ,.- .51605.41 .
15 Jsnosu INVESTMENT co
35.00 L.p.c.s.0 PVMT. 19.50 682.50
xonr F. xIxxsLsom,pnss
-o� L.p.c.s.c PVMT. -o- -0-
5440 EVERHART 78411
40.00 S.F. S/W 1.00 40.00
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LOT 23
-0- S.F. S/W -o- -o-
RIVER FOREST ACRES
235.73 S.F. D/W 1-25u 3.00 707.19
AB
-0- S.F.D/W _o- -o-
. '5,445.61
=,====``~�.~,=~=°=`~=�_�==='
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135.75 L.F.C.G.& pxmre 9.75 1.323.56
4330 CALALLEN DR. 78410
-o- L.F.C.G.& PVMT. -0- -0-
LOT 21
*43.00 S.F. S/W .no 543.00
^=ittsP°=^
, =,~r '=.='~^
1,866.56
. -
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55.18 S.F. . z�5.54
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OCTOBER a. 1982
.
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PAGE ,- -
[ • OCTOBER 13, 1982 ' - .
.-
2 ITEM ' , OWNER A - .,„„.. 'QUANTITV ,., : ' OF ' , ' - AMOUNT 2
2 'N-0 • oTY. 0E7'SCRIPIT0Ikr"-- —ASst-s-8-E15--- -kg'S ESS MEM' RATE— -AM0UNT'''2":1SSESSE0
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,24:, crry OF CORPUS . . - ; ' . -, /45412 I„.F.C.,0.8 ,PYMT. -0- -0-
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PARK GREP,WAY.: ... ,..:-.',,,„..., _ -...Q.-.7'. ..ct.F4-.,,Gt&J!),M.-.... ....707..,......,,,..... 76-'1..
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.
. -0- S.F. S/W -o- -0 -
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-0- S.F. D/W -o- -0-
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13 " _ -.00
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6 5 MANUEL A. DURON ET UX 54.73 L.F.C.G.E PVMT. 9.75 533.62
17 4402 CALALLEN DR. 76410 -0- L.F.C.G.& PVMT. -0- - 0 -
LOT 10 218.92 S.F. S/W 1.00 218.92
9 RIVER FOREST ACRES -0 S.F. S/W -0- 1
20 ,16,,,--t.„-kriii41-1-7-.„„e„.-4--„---4m..--vg'n:Y--=-L76-47,-;it5:4-t .r.- F';.:-Ditei.,-1-.-,i; 00 o,..„,.;_, 131-.,;-5-4,;-,,,,_-_-.,...-:,,,-,,,.. ,-
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28 RIVER FOREST ACRES -0- S.F. S/W -o- -0-
R- 18 t 1 RES UNIT 75.18 S•F • D/W 1-17 3.00 275.54
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31
1 111 "1,- '
31
1,389001
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34 27 RI VER SIDE CHURCH OF CHRI ST 9.96 L•F.C.G•E PVM I • 9.(, 3,B60.61
35 C/O ED BROWNING -0- L.F.C.G.E PVA- -0-
4701 CORNETT -78410 1,583.84 S.F. S/W 1.00 1,583.84
LOT, 3, BIA 9 _ „ _ . _ --0-- , , S.F. S/W
40
'444.45
41 .
41
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„ 28 A.B. AULT ET UX . _151,20 Lah..L•LveGyVMI. .4.88 (6(.14
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. RIVER FOREST AMIN -0- S.F. S/W -0- -o-
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7
47 R- 1B, 1 RES UNIT 55-.T8-57r.—D/W 1-12 3.00 1-65754
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OCTOBER 13, 1982 PAGE 7 -
27' ITEM '"'e'AN6 -' --kiffit.e' - - ii0 - - -- - -- - ''' - -- ---- --- ' - ..------.'- --AriouNT -- — 2
3 14b:"-'''' iiii0PERiV
4 4
5
- 6
REDBIRD LANE
8 ' ' - ' END" CALA LLEN DRIVE"
o " 10
11 t
1 END PROJECT 12
3
4 •
5 4
6 6
7
8
9 TOTAL ASSESSMENTS *** 75,162.78 9
00r.:45.5'..i...?4:5^gt"....5‘,55:t.5.,4-4-5,5,•e4,41',,,I.:"...,,,:?,;•4,4-4,4..,.:20
34,,,,,,,414,-.4,4....,47...5.,-,,Z,A5,.,4=51.4.5,,,:,!,::, .r.:V.,. V.,,,,,,,,... .,,,....66.,,, ,-.-4;,,,,,, • ,,,,-..,,,14,,,,,,,,
26
23 22
23 23
4 4
,,',,55,-., ,`_?--1,-,.,4,,,,,,=. 4—V1,-.. -=,,,T4,-,o'o5, ''',,,'," 5,5,. - 25
2541.,•:?;;7',,,,,,,-,,,,T.,,;:,,--,,V,,,,,,,-;,,,..;,,gt...4',..--,,,,,,,,.,..-„,X,:`,., -i1, 1-1, 1..`,..,:r ,,.:",,,,, -.4-„,,,,,,,,,, --t6 -
26 ..- :„.,....t. -.,-,;,,,,,,,,,,,....11-,,,,,..:;;,...4,:5,916-...b1; :1'4,....,;,o4v,'..55'1,e.,5,,4,S,10,5.4,5i,*4'1•'-'X;'','”,,,VA',1,1' ','-'14'41..1,',5tg,,,6
7•••,,- .. •. : 41- .,,,,4`0•54.4ft,.•',1 ',‘ :',,,-;-4,414,4,5,,,,,,5,,--5,4-,-..,:;,.....t,,,,,-.,..',---... ...
v
8
29 29
-
30 20
31 -r14 626146 - 36
31 34
5 33
36
11
M r.ivf,,,,:k. 5555"5),-55t55.5‘r5.5..5'.„5,5"-o-,.55--.,-.55.55$55.-.55 *".4,:5:4,145,,,1--.,,,, -1-:.4Z4 .44.' - 4,"'": ',,,,, ,,. 1 L 11
40
16 I
2 , ,
- 1561 11S6 . 611166 6111 106-1 . -16%175111
45,....,-.=:, 5,,,,t.'15.5:,„5.5.‘..55.5"-455"..5-555",-?„.1-5';.,,efO5.5.54.,",...05:t55.51-5--,555,-",..55555..5.45 .554.54.555,4. 5 .5.55-..,....,,-.5..... -5.5-511-. 55,5,5-5-5,4.555.5.5.5., - ..:'.5:55.5`5-..;55;',,.,:5, ''''' '..." 5,5' ' q,5-55.5`" . , -1-5`,`,.,..,...`, "
5 „ .,
46 46
47 47
46 45
51 5,
53 .
54 54
7 '
SECTION 4. Be it further ordained that in the event the actual
frontage of any property herein assessed shall be found upon the completion
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 accordance 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 completion 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 named in said certificate 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 percent (6 1/2%) per annum with reasonable attorney's fee and all
6
costs and 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: September 8, 1982, 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 120 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 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 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
certificates 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
7
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 description 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 assessment levied hereby or the certificate issued
in evidence thereof.
That said certificate shall further provide substantially that if
default shall be made in the payment of any installment of principal or
interest when due, then at the option of the City, its successors, or
assigns, or the holder thereof, the whole of said assessment evidence thereby
shall at once become due and payable, and shall be collectible with
reasonable attorney's fees and all expenses and costs of collection, if
incurred, and said certificate shall set forth and evidence the personal
liability of the real and true owner or owners of such property, and that
said lien is first and paramount thereon, superior to all other liens, titles
and charges, except for lawful ad valorem taxes, from and after the date said
improvements were ordered by said City Council, to -wit: September 8, 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 collection of ad valorem taxes as above recited, or
by suit in any court having jurisdiction.
That said certificates shall further recite in effect that all the
proceedings with reference to making said improvements have been regularly
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 regularly
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
8
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
liability 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 assessment, or in any other matter or thing shall not in anywise
invalidate or impair any assessment levied hereby or any certificate issued,
and such mistake, 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 by the City Council and are in accordance with the
procedures 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 11056 of Vernon's Annotated Civil Statutes of Texas
and Charter of the City of Corpus Christi, Texas, under which terms, power
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 for
efficient administration of City affairs by the closing of such hearing on
public street improvements, such finding of an emergency is made and declared
9
requiring suspension of the Charter rule as to consideration and voting upon
ordinances or resolutions at three regular meetings so that this ordinance is
passed and 41k_lj take effect upon first reading as an emergency measure this
the /5 day of October, 1982.
ATTEST:
0?"-C2X,4),e
Secretar-1
y
IFA(
AY OF
O. BRUCE AYCOCK, CITY ATTORNEY
MAYOR
10
THE OlitiOF CORPUS CHRISTI, TEXAS
Corpus Christi,
/a day of
, 1982
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
The above ordinance was
Luther Jones
Betty N. limner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
/#7(0/
MAYOR
THE CITY F CORPUS CHRISTI, TEXAS
passed by the folliw,,2ingvote:
17298