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HomeMy WebLinkAbout17560 ORD - 04/13/1983AN ORDINANCE CLOSING THE HEARING ON STREET IMPROVEMENTS ON GLENMORE STREET, FROM KENTNER STREET TO OCEAN DRIVE, 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 23d day of February, 1983, determined the necessity for, and ordered the improvement of Glenmore Street, from Kentner Street to Ocean Drive, in the manner and according to the plans and specifications heretofore approved and adopted by the City Council by ordinance dated February 23, 1983, 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 City Engineer 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 City Engineer 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 February 23, 1983, 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 February 23, 1983, did order and set a hearing to be held at 3 p.m. on the 23d day of March, 1983, in the City Council Chambers 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, invalidity, irregularity or deficiency in any proceedings, or contract, to appe,il 17560 I1EP Z61984. 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 March 23, 1983, in the City Council Chambers 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: 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 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 Minutes Regular Council Meeting April 6, 1983 Page 9 25. Consideration of pending state legislation. Deputy City Manager Ernest Briones referred to SB 1260 in regard to Port Commissioners and stated that he would provide information on this 'at a later date. He informed the Council that it is now in committee. o*o*o*o*o*o*o*ototo*o*o* Mayor Jones called for Action by Ordinance from the Regular Agenda on item 26. There were no comments from the Council or the audience on this ordinance and it passed as follows: 26. ORDINANCE NO. 17559: AMENDING THE ORDINANCE ADOPTING THE 1982-83 BUDGET FOR THE GENERAL FUND BY INCREASING VARIOUS REVENUE ESTIMATES IN THE AMOUNT OF $1,255,000 AND CANCELLING VARIOUS APPROPRIATIONS IN THE AMOUNT OF $1,054,000; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye"; Durnphy, absent. o*o*o*o*o*o*o*o*o*o*o*o*o*o*o*o*o*o Mayor Jones announced public hearings on the following assessment rolls: 27. TABLED - Preliminary assessment roll for the Glenmore Street Improvements Project providing for assessments of $21,000.09 for the twenty-six items on the roll. The public hearing on this assessment roll was tabled for two weeks on March 23 to allow the abutting property owners to decide whether they still want the improvements. Assistant City Manager Lontos briefly reviewed the public hearing that was conducted on March 23 on this project noting that it was tabled in order for the residents to submit an application to withdraw their voluntary paving petition. Mr. Sherman King, 226 Glenmore, informed the Council that everyone contacted indicated that they are in favor of the project; the City did not change its assessment policy until the bond issue had already passed; and they are still requesting that the lower assessment costs be established 'for' this project. Mayor Jones inquired of the Staff as to the number of projects that would be affected if the assessments on this project are lowered. Mr. Gerald Smith, City Engineer, explained that this would affect a great number of projects. He stated that the format of the petition was changed prior to the 1982 Bond Election. Minutes Regular Council Meeting April 6, 1983 Page 10 ' Mrs. Barbara McDowell, 302 Glenmore, agreed that most of the residents want the paving completed but they would prefer the lower assessment rates. No one else spoke in regard to this matter. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Zarsky and passed unanimously. Mr. Lontos stated that the Staff will have an ordinance on the agenda next week to close the hearing and award the contract. Council Member Kennedy commented that fewer streets could be paved if the assessment rates are lowered. o,to*o*o*o*o*o*o*o,to*o,to*o*o*o*o*o*o 28. Preliminary assessment roll for the Washington -Coles Area Street Improvements, Phase III project providing for assessments of $55,699.65 for the forty-seven items on the roll. Mr. Lontos informed the Council that this is the third project of street improvements for this area. Mayor Pro Tem Turner inquired as to why this hearing was not conducted in the evening in the area of the improvements in order that more residents would be able to attend the meetings. Mr. Lontos explained that previously, the Council had indicated that they preferred to have the meetings during the Regular Council Meeting. Mr. Gerald Smith stated that this project has been prepared according to the previous assessment policy and this public hearing was set prior to the date the action was taken by the Council to provide for payment by other methods in hardship cases. Mr. Utter explained that the Staff is still waiting for HUD approval on the changes proposed in the assessment policy. He pointed out that the final assessment roll is not finalized until the project has been completed and this would be the case with any project. 29. Closing a portion of Chipito Street between Cabra Street and North Staples Street. A 26 foot wide by 200 foot long portion of the south side of Chipito Street is being considered for closure concurrently with the Washington -Coles Area Street Improvements, Phase III project. Mr. Lontos informed the Council that the closing of Chipito Street is associated with this project and will be discussed at the same time. City Attorney J. Bruce Aycock conducted the formal portion of the hearing on the preliminary assessment roll for street improvements in the Washington -Coles Area Street Improvements, Phase III project and called as his first witness, Mr. Gerald Smith, P.E., City Engineer. ,mutes • Regular Council Meeting March 23, 1983 Page 10 A motion was made by Council Member Kennedy that this application be denied, seconded by Council Member Zarsky, and passed unanimously by those present and voting. Assistant City Manager BiII Hennings referred to the first reading of the ordinance amending the City Code Land Drilling Ordinance which proposes to add additional requirements pertaining to surface casing setting depths. He explained that this change would add wording to the ordinance that an exception to the Railroad Commission ruling would have to be approved. He stated that the deeper casings would prevent the possibility of additional blowouts. He stated that one other modification would require the Bay Drilling Ordinance to have the same casing requirement as the Land Drilling Ordinance. o*o*o*o*o*o*o*o*o*o*o*o Mayor Jones announced the public hearing on the following assessment rolls scheduled for 3:00 p.m. 26. Preliminary assessment roll for street improvements in the Woodlawn Estates and Alameda Estates areas. The roll provides for assessments of $167,115.82 on 116 items. 27. Preliminary assessment roll for the Glenmore Street Improvements. The roll provides for assessments of $21,000.09 on 26 items. City Attorney J. Bruce Aycock conducted the formal portion of the hearing on the preliminary assessment rolls for street improvements in the Woodlawn Estates and Alameda Estates areas and for the Glenmore Street Improvement Projects. He called as his first witness, Mr. Gerald Smith, P.E., City Engineer. Through questioning of the witness, Mr. Aycock ascertained that Mr. Smith has been employed by the City of Corpus Christi for twenty-three years and that he has on file in the City Engineering Department his qualifications. Mr. Smith testified that the two hearings are for two separate projects that are voluntary paving projects. Mr. Smith stated that he would like to address the Glenmore Street Improvement Project first and informed the Council that the Staff proposes to reconstruct these streets according to standard residential specifications. He stated that the low bidder for this project was M&M Construction Company and the number of working days for the project is 30. He explained that the voluntary paving petition was signed by one-half of the residents of Glenmore Street, specifically on the north side, and the bulk of the assessments are for that side of the street. He explained that the Staff is recommending that only four property owners on the south side be assessed, but the total street will be reconstructed. .inutes Regular Council Meeting March 23, 1983 Page 11 Mr. Smith described this project as being a 28 -foot wide street and the improvements will include a 4" curb and gutter section on the northwest side of the street and selected replacement of the existing curb and gutter on the southeast side. He explained that the roadway will consist of a 6" thick compacted subgrade, 8" thick compacted caliche base and 1}" thick hot -mix asphaltic pavement. He stated that the assessment rate for the curb, gutter and pavement will be $9.75 per linear foot; the sidewalk will be $1 per square foot; and the driveways will be assessed $2.97 per square foot which is the actual price included in the bid. Mr. Smith informed the Council that the total bid price was $35,859.50; the preliminary assessments will be $21 ,024.09; and the City's portion will be $64,835.41. Mr. Smith then described the Woodlawn Estates and Alameda Estates Street Improvement Project, noting that the improvements on Woodlawn Estates will include Woodlawn and Daley Drives from Williams Drive to South Padre Island Drive; and the Alameda Estates portion will include Eldon Drive from Gaines Street to Alameda Street and the Delano Drive and Walton Place from Robert Drive to Elton Drive. He explained that the construction will also be similar to that of Glenmore Street and the assessment rates will be $9.75 per linear foot for 6" curb, gutter and pavement; $1 per square foot for sidewalks; $3.08 per square foot for driveways; and $.88 per linear foot for the water line to be constructed by City forces. He explained that the total bid price as submitted by Maverick Construction Company is $445,430.37; the preliminary assessments will be $171,355.30; and the City's portion will be $274,075.07. Mr. Smith explained how the assessment payments could be made, noting that following completion of the project, the assessments may be paid by cash or over a period of five years at an interest rate as set forth in the assessment ordinance. He stated that construction on both projects will begin in about six weeks and both of them are voluntary paving projects included in the 1982 bond prog ram. City Attorney Aycock called as his next witness, Mr. William J. Holly, Real Estate Broker and Appraiser. Through questioning of Mr. Holly, Mr. Aycock ascertained that he is qualified to serve in the capacity of appraiser for the City; that he is thoroughly familiar with all of the property involved in these street improvement projects; and that he has on file in the Engineering Office a copy of his resume listing his qualifications. Mr. Holly testified that he is familiar with the real estate values in the City of Corpus Christi and that he had examined each and every parcel of land included in the two projects. He testified that there is one exception, which is a triangular shaped piece of property located at the corner of Eldon and Gaines Drives, described as item no. 90 on the Alameda Estates Street Improvement Project, which may not be enhanced equally in value by the improvements due to its configuration. He stated that on this item, he recommended a reduction of 26% in the dollar amount of $157.46 or from $605.77 to $448.31. Mr. Holly testified that other than this °one piece of property, in his opinion, all other property included in all of the assessment rolls would be enhanced at least in .iinutes • Regular Council Meeting March 23, 1983 Page 12 the amount of the assessment. Mayor Jones called for comments from the audience. Mr. Sherman King, 226 Glenmore, pointed out to the Council that the petition signed by the residents of Glenmore Street was prepared at the $4.75 per linear foot charge; the bond issue was approved in February, 1982; and the assessment rate was not changed until after that time. He expressed the opinion that their assessments should have been calculated at the lower rate. Mr. Smith responded to Mr. King's remarks by stating that in July of 1982, the change in the assessment rates was approved by the Council and appropriations for the street improvements for this street were committed to this project. He noted that after the change, there was a reversion clause in the ordinance which will allow the Council to assess the lower rate if they desired. Mayor Jones inquired if the Council had approved any assessment projects at the new higher rates, and Mr. Smith replied that the City had on Carroll Lane, Calalien Drive and Airline Road, all of which were assessed at the new rates. Mr. King stated that the streets Mr. Smith referred to were not voluntary paving petition streets, and this is the first one that was started as a voluntary paving petition; therefore, he felt that they should be assessed at the old rate. Council Member Zarsky inquired of Mr. King if he would like to eliminate this project entirely, and Mr. King agreed that that would be satisfactory with him. Mrs. Elaine Turner, of Turner's Gardenland, stated that they leased some property and owned several other pieces of property. She requested that some provision be provided to keep Daley Street opened during construction so that customers may gain access to their business during that period. Also speaking in regard to the Glenmore Street project was Mr. Mike Linnane, 225 Glenmore, who also spoke in opposition to the rate of the assessments. He suggested that a new petition be circulated indicating the increased assessment rates. Council Member Kennedy inquired as to the length of time that the new prices have been in effect, and Mr. Smith stated that it is approximately three years. Council Member Zarsky inquired if the contract for the street improvements has been awarded and Mr. Smith replied that it had not. Mr. Zarsky then inquired about the City's obligation to the contractor if a decision was made not to reconstruct Glenmore Street since he felt that the property owners have indicated they would prefer not to have their street improved if they have to pay the higher assessment rate. inutes• Regular Council Meeting March 23, 1983 Page 13 Mr. Smith explained that the residents of Glenmore Street could petition the Council to withdraw their voluntary paving petition and for the Glenmore Street improvements. Mayor Jones pointed out to Mr. Linnane that the property owners would have five years to pay the assessments at a low interest rate and Mr. Smith noted that this gentleman resides on the south side and there are only four other property owners on that side of the street who will be assessed. Council Member Zarsky suggested that this assessment roll be tabled in order to provide an opportunity for the property owners to withdraw their voluntary paving petition if they desired. Mr. King spoke again and stated that he does want the street improved even at the higher assessment rates. Mrs. Barbara McDowell, 302 Glenmore, also objected to the increase in the assessment rates since they were under the impression that they would only have to pay a certain amount at the time the voluntary paving petitions were signed. Council Member Kennedy pointed out that assessments will naturally be higher as costs are increased. Mrs. McDowell stated that she still would like to have the street reconstructed but she does not feel that the increase in assessments should have been made without informing the property owners. Council Member Hawkins pointed out to Mrs. McDowell that this was a major policy change. Mr. Smith then read the wording on the petition and stated that the petition forms currently being used do not refer to any particular assessment rates. A motion was made by Council Member Kennedy that the public hearing on the assessments for Woodlawn and Alameda Estates Street Improvements be closed and that the Glenmore Street assessment project be tabled for two weeks; seconded by Mayor Pro Tem Turner; and passed by the following vote: Jones, Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Gulley, absent at the time the vote was taken. 0*0*0*0*0*o*o*0*0*0*0*0 City Secretary Read reminded the Council that there was a need to pass Ordinance No. 25. He polled the Council for their votes and the following ordinance was approved: 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: FINAL ASSESSMENT ROLL • GLENMORE STREET IMPROVEMENTS FROM IENTNER STREET TO OCEAN DRIVE This project shall include improvements to Glenmore Street within the described limits and provides for construction by excavation to a width and depth to permit the laying of a 28' wide street within the existing 50' wide right-of-way. The improvements include a 4" curb and gutter section on the northwest side of the street and selected replacement of the existing curb and gutter on the southeast side. The roadway will consist of a 6" thick compacted subgrade, 8" thick com- pacted caliche base and 11" Hot Mix asphaltic pavement. There will be a 4' wide reinforced concrete sidewalk, 4 inches thick, and 6" thick reinforced concrete driveways on the northwest side and selected replacement of deteriorated sidewalk and driveways on the southeast side as shown on the plans. The assessment rates have been calculated in accordance with the City's latest paving policy. Based on this policy and the low bid submitted by M & M Construction Company, the assessment rates are as follows: Glenmore Street Bid Price Assessment Rate 4" Curb, Gutter & Pavement $11.61 L.F. $11.61 L.F. Sidewalk $ 1.34 S.F. $ 1.00 S.F. Driveways $ 2.97 S.F. $ 2.97 S.F. Residential Property, Schools and Churches 4" Curb, Gutter & Pavement Sidewalk Driveways Total Bid Price Final Assessments City Portion GS/dl $9.75 L.F. $1.00 S.F. $2.97 S.F. $85,859.50 21,024.09 $64,835.41 Gerald Smith, P.E. City Engineer APRIL 13. 1983 PAGE 1 ITEM N0. _ .-;,; .•; t,a,DESCRIPTICN „ - ' OWNER.4N0 " `s.,. QU4NIITY.i _ OF PROPERTY DESCRIPTION- ASSESSED' " ASSESSMENT" '• RATE _ „ "'AMOUNT • - TOTAL - - AMOUNT > _ ASSESSED ,..y.. a_,e=.._. ASSE55MENI ROLL CLOSING HEARING -� ''• ' ""'`" GLENMORE STREET' - ' - 1r p•:.`'.,.�.° "KENTNER STREET TO OCEAN OR ' - WEST SIDE IMPROVEMENTS SELECTED REPLACEMENT EAST SIDE 1 L.L. BULK,JM 82.50 L.F.C.G.0 PVMT. 9.75 804.38 334 GLEN408E 78412 -0- L.F.C.G.0 PVMT. -0- -0- 330.00 LOT 160 ALK 4 330.00 S.F. 5/W 1.00 OCEAN DRIVE AXON ,.. ...: • -0- 5.F. 5/W _ -0- R-1A_- 106.30-S.F. D/W 1-16 2.97 - _ _ .. •r _C- - S.F. D/9 '" - -0- -0- 315.71 -0- - - 1,450.09 2 DAVID 80WDEN _•. ,_t." -,mac -x•. 82.50 L.F.C.G.0 PVMT._ _9.75 330 GLEN4ORE 78412 ,,: jx;:>„`- "- -0- , L.F. C.G.0 PV4T.-0-; LOT 160 8L8 4 - 330.00 S.F. S/W - - 1.00 ' ; - 804.38 -0- 330.00 - - -' -: OCEAN_DRIVE_A -0- S.F. 5/W -0- -0- 11-1A 58.65 S.F. D/W 1/2-18 2.97 174.19 -0- S.F. D/W -0- -0- - 1,308.51 3 JOFN F. 4ILSHLSEN 9C.00 L.F.C.G.0 PVMT. 9.75 877.50 4848 5. ALANECA 78412 -0- L.F.C.G.0 PVMT. -0- LOT 15 -BR BLK 4 360.00 S.F. 5/8 1.00 360.00 OCEAN DRIVE ADONa _ 24.00 S.F. S/W , 1.00 R-18 - "-33'' "„ 58.65 S.F. D/W 1/2-18 2.97 -_ , - _ 24.00 174.19 a5/W EXTENSION 75.15 S.F. 0/9 120F28 2.97 223.20 1,658.89 4 SIDNEY E DUERR 322 GLENMORE 78412 LOT 15 -AR ELK 4 - OCEAN OR AD38 Y R -1A *S/W EXT 90.00 L.F.0.0.0 PVMT. 9.75 877.50 -0- L.F.C.G.0 PVMT. -0- -0- 36C.00 S.F. 5/W 1.00 360.00. * 24.00 S.F. S/W 1.00 24.00 97.15 S.F. 0/9 160028 2.97 288.54 131.05 S.F. D/d 1-20.5 2.97 369.22 1,939.24 ,,,J iso P' . 302 GLENMORE 78412 1! LOT 13A BLK 4 OCEAN UR ADDN R -IA *S/W EXT ITEM NO PROPERTY DESCRIPTION' '' ASSESSED-- ASSESSMENT -- - RATE ' AMOUNT - TOTAL . ,. AMOUNT ASSESSED 5 JOHN F hERREN JR ,., 318 GLENMORE 78412 LOT 148 BLK 4 ' ,,4 -' 9C.00 1.0.0.0.1 PVMT. i,,::. -o- ..L.F.C.O.& RVMT. '360.00 S.F. S/W ' - ' 9.75 ,, -0- . 1.00 '', 877.50 -0- 360.00 OLEAN_DR_ADDN - 0- s E._Sti -n- -0- ,-------ILT-LA 95 2.9.3 283.04 .10._S...E._D/A_117..14 -0- S.F. D/W -0- - 1,520.54 6 RICHARD ..E_R_LEIFRS 90.00_10dL.C.,0.6 PVMI, 9.75 877.50 31.2_,LLEN4DRF 78412 -0- i.F„.0,g,0__EvmT. 360.00 S.F. S/W -0- 1.00 -0- 360.00 LOT 14-A BLK 4 OCEAN DR ADDN . R-10 , _ ,-,,,,,,„ -0- S.F. S/W , , ,:.,,,, 118.95 S.F. D/W 1-18.3 , -0- 2.97 352.28 -0- 1,590.78 7 GARNET G JONES .- 306 GLENMORE 78412 LOT 13B EILK 4 4 ,,„.;., 90.00 L.F.C.G.0 PVMT. :. ..i-,,..:-0- 'L.F.C.0.1 PVMT., ,..., 360.00 S.F. S/W " ' 9.75 l-0- 1.00 , 877.50 360.00 . OCEAE GR_ADDN -0- 5j8 -0- r= 2,1_4_ .5.f., 7100 5.F. 0/5 1-10 2.97 217.70 -0- S.F. D/W -0- . , .. 1,455.20 8 BAREARA MCDOWELL 90.00 L.F.C.G.0 PVMT. 9.75 877.50 -C- 360.00 1.0.1.0. S.F. S/W S.F. 5/8 S.F. 0/W S.F. D/W PVMT. 1=10 -0- -0- 1.00 360.00 1.00 24.00 2.97 217.70 -0- -0- - C. r r 9 RAYMOND F REGDELL 87.33 L.F.C.G. 1 PVMT. 9.75 ( re:' 230 GLENIORE 78412 -0- L.F.C.G.E PVMT.-0 r - 1,' LOT 128 BLK 4 349.32 S.F. S/W 1.00 OCEANSB_ADOr -0- S.F. 1/8 -0- -0- 128.30 S.F. D/W 1-20 2.97 381.05 -0- S.F. D/W -0- -0- 1,479.20 , 851.47 -o- 349.32' 1,581. 84 L { • { APRIL 13. 19 ITEM N0. _ _ -' OWNER AND ;'`i -. PROPERTY DESCRIPTION '- -- : DESCRIPTION QUANTITY- _ : OF - ' ASSESSED ''' ASSESSMENT RATE ' _" "' "' -" AMOUNT ` TOTAL I AMOUNT ASSESSED j 10 _ SHERMAN 0 KING ETCX 226 GLENMORE 78412 LOT 12-A BLK 4 ," - '- 87.32 -0- 349.28 L.F.C.G.E L.F.C.G.E S.F. S/W PVMT. PVMT. 9.75 -0- 1.00 _, 851.37 "-0- 349.28 "' I- OCEAN. DR 4GDN -0- S.F. S/W -0- -0- ..11=1A 122.80 -G- S.F. D/W S.F. D/W 1-19 2.97 -0- 364.72 -0- ,_-_ - - 1,565.37; "j__U_W_ILLIA_'4 A SEARS 285.00 L.F.C.G.E PVMT. 4.88 1,390.80 ' 41.IlCEALLOR 18417 LOT 6 BL'( 4 - 0- L 3 '2 2 & PVMT. -0- -0- 1,140.00 S.F. S/6 .50 570.00 OCEAN DR ADDN R -1A -0- S.F. 5/W -0- L28.30 S.F. D/W 1-20 2.97 73.30 S.F. D/W 1-10 2.97 381.05 - 217.70 C it 2,559.55 4 OCEAN DRIVE INTERSECTICN ' END WEST SIDE iv GLENNORE STREET KENTNER ST TO OCEAN 0R BEGIN EAST SIDE 12 C N BLISSIT C • _34L_GtENi10RE_78412 LOT 1 8LK 3 WAVERLY ESTATES 3 C + *N0 IMPROVEMENTS ( t, 337 GLENMORE 78412 -0- L.F.C.G.E PVMT. -0- LOT 2 E SH 2.15' LOT 3 -0- S.F. 5/W -0- BLK 3 wAvERLY ESTATES 3 -0- S.F. 5/'W ( 8-14 -0- S.F. 0/4 d -C- S.F. 0/4 -0- - 0- -0- L.F.C.G.E PVMT. -0- - 0- L.F.C.G.E PVMT. -0- S.F. 5/4 -0- 5.F. S/W -0- S.F. 0/3 S.F. 0/6 -' -0- - 0- - 0- - 0- .00 L3 DAVIS ANTHONY -C- L.F.C.G.E PVMT. -0- - 0- - 0- ( ( - o- -0- C - 0- 11 -0- -0- - o- .00e !,< �.I CC4 1. r (' iv S �I l WI w.--___WAVERL`_ESTATES 3 .14,_R-14 „ I! •'_ ITEM OWNER AND -." NO. PROPERTY DESCRIPTION DESCRIPTION ��s QUANTITY' ;� - OF ASSESSED ASSESSMENT � RATE AMOUNT TOTAL AMOUNT ASSESSED 14 SIMON M SALINAS . ...- 333 CLENMORE 78412,- NE 60.70' CF LOT 3 E .,.Le:.w. �t -0-... L.F.C.G.E PVMT. " 0- L.F.C.G.E PVMT. ,✓,•'y'''-0- S.F. S/W -0- -0- _ -0- SW 7 30 LOT 4 ALK 1 -0- SeE• S18 -0- -0- _iIAVFRLY ESTATES 3 -0- $...F. 0/8 -0- S.F. D/W -0- -0- -0- -0- R-1A NO IMPROVEMENTS .00 ,_S5 CYRIL N RHODES -0- L.F.C.G.E PVMT. -0- 329 GLENMOPE 78412 -C- L.F.C.G.E PVMT. -0- -0- NE 55.55' OF _LOT 4 0 SW 20' LOT 5 BLK 3 WAVERLY ESTATE 3 -0- _S.F. S/W -C- S.F. D/W - - -0- -0- -0- R=1A -Q- S.F. 2/W -0- -0- --MO ILIET .00 16 LATHA M BISHOP -` - ' -0- L.F.C.G.E PVMT. -0- -0- 319 S.LEN.YOFE 7841_2 -0- L.F.C.G.E PVMT. -0- -0- NE„42.85' LCT 5 0 32.00 S.F. S/W 1.00 32.00 SW 32.15' LOT 6 8LK 3 -0- S.F. S/W -0- -0- WAVERLY ESTATES 3 R-1A - .,--. -0-_. S.F. 0/8 ..,, .. _ -0- S.F. 0/W -0- -0- -0- - _0 :. -- 17 L4ThA M BISHOP 319 GLEN'10RE 78412 . NE 30.70' LOT 6 E 5W 44.30' LOT 7 3LK 3 18 DIANE F HDSTETTER - 0- L.F.C.G.E PVMT. -0- -0- L.F.C.G.E _ PVMT. -0- 236.00 S.F. S/W 1.00 - 0- S.F. 5/W -0- -0- -0- S.F. D/W -0- -0- -0- S.F. D/W - 0- 236.00 - 0- - 0- L.F.C.G.E PVMT. -0- -0- 315 GLENIORE 78412 -0- L.F.C.G.E P551. -0- -0- 'C.C. ME 19.55' LOT 7 L s 32.00 S.F. S/w 1.00 32.00 :a SW 51.45' LOT 8 BLK 3 -0- S.F. S/W -0- -0- WAVERLY ESTATES 3 -0- S.F. 0/8 -0- -0- R-1A - -0- S.F. D/W -0- -0- 32.00 s L APRIL 13, 1983 ITEM OWNER AND',,'"^ '1 N0. PROPERTY DESCRIPTION 19 MARCIA L MAYES 309 GLENMDRE 7841S'- °� NE 11.401 LOT 8 L a ALL LOTS SLK 3 DESCRIPTICN QUANTITY OF ` _ 'ASSESSED'ASSESSMENT' — 0— L.F.C.G.L PVMT. — 0— L.F.C.G.0 PVMT. —0— S.F. S/W PAGE 5 'RATE AMOUNT — 0— S.F. S/W —O— ( �' WAYERLy ESTATES 3 —0— S.F. 0/W —0— R-14 *REPLACEMENT — C— S.F. 0/W TOTAL AMOUNT ASSESSED .00 :( { +. 20 ROBERT C_MAHER 305 GLENMORE 78412 r n LOT 10 ELK 3 . j WAVERLY ESTATES 3 R-14 *REPLACEMENT —0— L.F.C.G.0 PVMT. —0— —0- -C— L.F.C.G.1 PVMT. —0— —0— * 112.00 S.F. 5/W . 1.00 112.00 —0— S.F. S/W ' —0— —0- - 0— S.F. 0/14 —0— —0- - 0— S.F. 0/W —0— —0- 21 GEORGE C VILLALALON 301 GLENMDRE 78412 _ LUI 11 ELK_ 3 WAVERL_Y ESTATES R—IA —0— L.F.C.G.0 PVMT. —0— —0- - 0— L.F.C.G.L PVMT. —0— —0— S.F. 5/W —0— —0- - 0— S.F. 5/W —0— —0- - 0— S.F. 0/W —0— —0— *NO IMPROVEMENTS S.F. D/W-0- 0 ip°� 22 MICHAEL C DEARING ETUX * 60.85 L.F.C.G.1 PVMT. 6.59 401.00 ; ( 233 GLEN1ORE 78412 —0— L.F.C.G.0 PVRT. —0— —0— LOT 12 81K 3 * 72.00 S.F. 5/14 1.00 WAVERLY ESTATES 3 ' —0— S.F. 5/W —0— „i 11-14 - 6* 61.40 S.F. D/W - 1.49 o*REPLACEMENT —0— S.F. 0/4 —0— { ,d **CR 0/4 .50 ( . 23 ROBERT A HUEGELE ETUX * 62.85 L.F.0.0.1 PVMT. 6.59 1209 PRESTON 78418 —I,— L.F.C.G.0 PVMT. —0— ( • LOT 13 SLK 3 —C— S.F. 5/W —0- 72.00 —0— 91.49 —0— y C 564.-49 , 414.18- SAVERLY ESTATES 3 R—IA tr *REPLACEMENT Cn **CR 0/W .75 — 0— S.F. S/H —0— ** 64.15 S.F. 0/W 1-1OCM .74 — 0— S.F. 0/W —O— 47.47 —0- .a „C i1. 461.6r, C7 11 51 t ( ( -r APRII 11. 1983 PAGE 6 TOTAL :i ITEM OWNER AND ,-2'7rT.,'., QUANTITY =. ,, OF ,- , AMOUNT I NO. PROPERTY DESCRIPTION ASSESSED ASSESSMENT RATE - AMOUNT -= ' ASSESSED 1 ------ ,J_____ 'i 24 MICHAEL LINNANE ETUX* 62.85 L.F.C.G.0 PVMT. 6.59. 414.18 ..„,,,,,,-,,,,,,. ., 225 GLENMORE 78412 :=,,j,-,..:::%,..,,,,,.,: -0- = L.F.C.0.1 PVMT. -0- -0-.:,''.., LOT 14 BLK 3 ' ' -'''''''''' * 140.00 S.F. S/W 'OVERLY ESTATES 2 ** 18.00 S.F. S/W 1.00 18.00 . 8-1A * 122.80 S.F. D/W 1-19 1.49 182.97 *REPLACEMENT -0- S.F. D/W -0- -0- **5/W EXT CR D/W .50 , .,.- ,,,,, 1 ,755 15 s , - j25_111ChAEL_DE_SELETLER_ETux * 100ASia_L.f.C...&_EYMJ. 6.59 1702 SANTA FE 78404 -C- 1.F.0.5.1 PVMT. -0- .2,2.00 LOT 18 BLK 2 1 WAVERLY ESTATES 2, R -1A . ' ' ' -0- S.F. 0/14 i *RFRLA.CfMENT -C- S.F. D/W -0- -0- I --P 659.00 , . i 26 NANCY HUGHES ---: ,,:,-„.:..,*. 19.00 L.F.C.G.8 PVMT. 3.29 =',-'. 62.51 i $ 5701 OCEAN DRIVE 78412 -0- L.F.C.G.0 °VMT. -0- -0- h-- --- T-1A_ELK 2 -C- S.F. S/J -0- -0- WAVERLY ESTATES 2 -0- S.F. S/8 -0- -0- 8-10 -0- S.F. D/W -0- -0- 0 *REPLACEMENT ,= - -0- S.F. D/W . - „ , ' ,-- ; .„'- , -62. 51 I OCEAN DRIVE END EAST SIDE GLENMORE STREET END PROJECT Lc_ TOTAL ASSESSMENTS *** 21,024.09 , c 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 City Engineer upon completion of said work on said street, and the findings of the City Engineer 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 eight percent (8%) per annum with reasonable attorney's fee and all 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: February 23, 1983, 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 eight percent (8%) 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 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: February 23, 1983, 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 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 City Engineer 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 1105b 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 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 shall take effect upon first reading as an emergency measure this the 13th day of April, 1983. ATTEST:' Secrea�ry MAYOR AP D: J. BRUCE AYCC(.7nDAY OF 'TTORNEY THE C OF CORPUS CHRISTI, TEXAS Corpus Christi, Tex s /,� day of , 19ac,.� TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance or resolution, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings; I/we, therefore, request that you suspend said Charter rule and pass this ordinance or resolution finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members MAYOR THE CITY OF CORPUS CHRISTI, TEXAS The above ordinance was passed :y the following vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky 17560