HomeMy WebLinkAbout19077 ORD - 11/05/1985• •
AN ORDINANCE
CLOSING THE HEARING ON STREET IMPROVEMENTS ON THE FOLLOWING
STREETS:
Howard Street
Howard Street, from 19th Street to Ben Garza Park;
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 1st day of October, 1985, determined the
necessity for, and ordered the improvement of the following streets:
Howard Street
Howard Street, from 19th Street to Ben Garza Park;
in the manner and according to the plans and specifications heretofore approved
and adopted by the City Council by ordinance dated October 1, 1985, 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
October 1, 1985, 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 October 1, 1985,
did order and set a hearing to be held during the regular 2:00 p.m. Council
Meeting on the 29th day of October, 1985, in the City Council Chambers, City
Hall, 302 S. Shoreline Boulevard, 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 appear and be heard in person or by counsel and offer evidence
04P.191.01
19077 It CROFILMED
•
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 29, 1985, during the regular
2:00 p.m. City Council Meeting, in the Council Chambers, City Hall, 302 S.
Shoreline Boulevard, 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:
04P.191.01
•Minutes
Regular Council Meeting
October 29, 1985
Page 5
13. FIRST READING
AMENDING ARTICLE II, MARINA, SECTI
12-60, WHAT PERSONS PERMIliED
PERSONS TO USE THE MARINA; SE
AND DOCKSPACE - SCHEDULE AND
•
12-41, APPLICABILITY OF AR E, SECTION
0 CATWALKS AND SLIPS, PROHIBIT► G UNAUTHORIZED
ON 12-61 RATES AND RENTAL FEE OR USE OF SLIPS
GULATIONS, BY ADDING DEFINITI. S FOR UNAUTHORIZED
CRAFT AND TEMPORARY SETTING DAILY RATES FOR TEMPO AND UNAUTHORIZED
CRAFT, REQUIRING TEMPO',•'Y OR TRANSIENT CRAFT TO REGI UPON ENTRY IN THE
MARINA, AND SETTING a TIES FOR FAILURE TO REGISTER; SECTION 12-63, RESTRAINT
OF CRAFT WHEN NOT ID, PROVIDING FOR TAKING UNAUTH''IZED CRAFTS INTO CUSTODY,
PROVIDING NOTICE - SALE AT PUBLIC AUCTION FOR FE ., CHARGES, AND EXPENSES AND
COSTS OWED THE MARINA; PROVIDING FOR S"'' CE; AND PROVIDING FOR
PUBLICATION
The Or nance was read for the first time and passed to second reading as
foll•-s: Jones, Best, Berlanga, Guerrero, cComb, Mendez, Pruet, Slavik, and
St .ng voting "aye."
,sae*** t*a ,t*
Mayor Jones announced the public hearing on the following assessment
project:
Howard Street, from 19th Street to the Ben Garza Park boundary line,
providing for assessments of $15,028.34 for the 37 items on the roll.
Mr. Lontos explained the procedure to be followed during the assessment
hearing in accordance with State law, and stated that Melene Dodson, Assistant
City Attorney, will conduct the formal portion of the hearing.
Ms. Dodson called as her first witness Mr. Gerald Smith, City Engineer.
Through questioning, Ms. Dodson determined that Mr. Smith is a Registered
Engineer in the State of Texas and has been employed by the City of Corpus
Christi for 25 years. Mr. Smith testified that he has a degree in Civil
Engineering from the University of Texas .at Austin, and verified that he is
familiar with the project.
Mr. Smith displayed a transparency showing the location of Howard Street
and explained that this project provides for the reconstruction of 600' of
Howard Street, from 19th Street to Ben Garza Park; this is a voluntary paving
project initiated by the neighborhood; the funds for this project were from the
1982 bond election; and that by virtue of CDBG funds, utilities will be
relocated. He stated that the street will be 28' wide, and constructed within
the existing 40' right-of-way. There will be 4' wide reinforced concrete
sidewalks, 4" thick, tied to the curb on both sides of the street, and driveways
of 6" thick reinforced concrete. He stated that since the lots are small, only
four driveways will be constructed.
Mr. Smith stated that storm sewer improvements will be made, and a small
retaining wall will be built, which is being assessed against those abutting
property owners. He stated that plans and specifications were prepared by the
•
Minutes
Regular Council Meeting
October 29, 1985
Page 6
•
Engineering Department, and bids were received on September 24, 1985, with the
low bidder being A. Ortiz Construction Company in the amount of $60,113.50.
Mr. Smith stated that all residential property is being assessed at the
residential rate of $9.75/linear foot of curb, gutter and pavement; $1.00/square
foot for sidewalk; $3.78/square foot for driveways, which is 100% of bid price;
and $9.18/linear foot for the 8" retaining wall.
He stated that the property owners have been notified of their assessments
and the public hearing. He stated that the assessments total $18,326.03; if a
resident qualifies, he would be eligible for CDBG to pay 100% of the cost of the
assessment; and if a tenant qualifies, the owner of the property would be
eligible for a 3% interest loan from CDBG. He stated that a letter written in
English and Spanish was sent to the residents explaining the CDBG funding.
In response to a question from Council Member Berlanga, Mr. Smith stated
that utility meters will be moved to the front of the properties.
Ms. Dodson asked Mr. Smith to describe the present conditions and how the
property will be enhanced following completion of the street improvement
project.
Mr. Smith responded that Howard Street is a narrow 18' wide street with
roadside ditches, no curb and gutter, a portion of a retaining wall, occasional
sidewalk, and cluttered parking conditions. He explained that the benefits will
include better drainage, a safer, wider street which will provide for parking on
either side, and sidewalks for the residents.
In response to a question from Council Member Berlanga, Mr. Smith stated
that the drainage problem in Wilmot Park will be solved when vegetation is
planted. He stated that the heavy rains had washed the topsoil from the park on
to the subdivision lots.
In response to Mayor Jones' inquiry, Mr. Smith stated that there is no
cul-de-sac an Howard Street; the property owners at the end of the street will
have driveways; and those driveways will basically be used as a turnaround.
Mayor Pro Tem Best
possibly a portion of the
stated that Ben Garza Park is a public
park could be used as a cul-de-sac.
Mr. Smith stated that
being acquired in relation
park land.
this would be investigated, since a legal
to the Mustang Trail Street Extension and
park, and
opinion is
the use of
Assistant City Attorney Dodson called as her next witness, Mr. George
Paraskevas.
Mr. Paraskevas testified that he is a certified appraiser, licensed in the
State of Texas, a certified real estate broker, and he has been practicing real
estate for 15 years. He stated that he is familiar with the real estate market
in Corpus Christi; he is familiar with the entire project area; he has examined
•
Minutes
Regular Council Meeting
October 29, 1985
Page 7
•
the assessment roll; he is familiar with the amount of assessments; and he has
examined each piece of property.
Ms. Dodson asked Mr. Paraskevas to describe the present conditions.
Mr. Paraskevas responded that Howard Street is a narrow 18' wide street,
with roadside ditches, no curb and gutter, a portion of a retaining wall,
occasional sidewalk, and cluttered parking conditions. He stated that each
piece of property will be enhanced in value by the improvements by at least the
amount of the assessments.
lots.
Mr. Paraskevas stated that there were no pie -shaped or irregular shaped
Council Member Guerrero questioned the procedure used in selecting an
appraiser, and Assistant City Manager Lantos explained that very few appraisers
want to become involved in this type of work.
Mayor Jones called for comments from the audience.
A woman speaking on behalf of Mr. Antonio Dalton, 2114 Howard, stated that
there was a large amount of gravel in front of his residence, and Assistant City
Manager Lontos stated that this will be removed.
There were no further comments from the audience; a motion was made by
Mayor Pro Tem Best that the public hearing be closed; seconded by Council Member
Mendez; and passed unanimously.
Mr. Lontos stated that the ordinances relating to the assessments would be
on the agenda next week.
* * * * * * * * * * * * * *
Mayor .nee announced the public hearing on thr zoning cases:
15. A..licatio• No. 1085-1, Poindexter and Wharton ':les Co .oration: for a
change of •ping from 'A-1" Apartment House Dist ct to "A -1A' Apartment
House Distri on Lots 9, 10, 11, 12, 13, and 14, '•lock D, North Broadway
Addition, loca.ed on the east side of North Alameda reet, between Ramirez
and Chipito Str=-ts.
Assistant City Man :_-er Tom Utter stated that in respons- to the 26 notices
mailed, 2 were returned favor, and 1 was returned in oppo tion. He stated
that the Planning Commissi.. and Planning Staff recommend appro -1.
Mr. Larry Wenger, Direct of Planning, displayed the area •n the zoning
and land use map, described th- land use in the surrounding area and showed
slides of the vicinity.
Mr. Utter stated that this prerty is located in the Washing on -Coles
area; the City has encouraged new construction in this area; and the sta feels
• •
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 deficiencies
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.
04P.191.01
• •
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
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:
04P.191.01
• •
Final Assessment Roll
Howard Street
From 19th Street To Ben Garza Park
This project will include improvements to the following street:
Howard Street, from 19th Street to Ben Garza Park.
This street shall be constructed by excavation to a width and depth to permit
the laying of a standard 6" curb and gutter section, 6" compacted subgrade,
8" compacted caliche base and 1/" Type "D" Hot Mix asphaltic pavement. The
street will be 28' wide, BOC, and constructed within the existing 40' right-of-
way. There will be 4' wide reinforced concrete sidewalks, 4" thick, tied to
the curb on both sides of the street and driveways of 6" thick reinforced con-
crete will be constructed as shown on the plans.
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 price sub-
mitted by A. Ortiz Construction & Paving Company, the assessment rates are
as follows:
Bid Price
plus Assessment
28' Wide Street, BOC Engineering Cost Rate
*6" Curb, Gutter & Pavement $16.33 L.F. $16.33 L.F.
*Sidewalk $ 2.05 S.F. $ 1.00 S.F.
Driveways $ 3.78 S.F. $ 3.78 S.F.
8" Retaining Wall $ 9.18 L.F. $ 9.18 L.F.
Residential Property, Churches & Schools
6" Curb, Gutter & Pavement
Sidewalk
Driveways
8" Retaining Wall
*Total Cost 12 Street $43.28 L.F.
Total Bid Price
Final Assessments
City Portion
$ 9.75 L.F.
$ 1.00 S.F.
$ 3.78 S.F.
$ 9.18 L.F.
$60,113.50
18,326.03
$41,787.47
Gerald Smith, P.E.
City Engineer
•
i
NOVEMBER 5. 1985 PAGE 1
DESCRIPTION TOTAL
r STEM CMNER AND QUANTITY OF AMOUNT
NO. PROPERTY DESCRIPTICN ASSESSED ASSESSMENT RATE AMCUNT ASSESSED
( _ `
ASSESSMENT ROLL CLOSING HEARING
HOWARD STREET
FROM 19TH ST. TO BEN GARZA PARK
{
CDBG ELIGIBLE AREA
HOWARD STREET
BEGIN NORTH SIDE
1 JESSIE F PREZ4 72.78 1.F.0.0.0 PVMT. 4.88 355.17
( S 0/0 THELMA NARVAEZ -0- L.F.C.G.E PVMT. -U- -0- 1
229 W VANDERBILT 78415 291.12 S.F. S/W .50 145.56
LCT 1 OLE 1 -0- S.F. 5/W -0- -0-
( WILBURN ADEN -0- S.F. D/W -0- -0-
4-2.1RES -0- S.F. D/W -C- -0-
500.73
2 FRANK M MENDEZ 25.00 L.F.C.G.E PVMT. 9.75 243.75
L 3308 HOUSTON 78411 -0- L.F.C.G.E PVMT. -0- -0-
LOT 4 OLE 1 100.00 S.F. S/W 1.00 100.00
WILBURN ADD -0- S.F. S/W -0- -0-
i A-2. 1 RES UNIT -0- S.F. D/W -0- -0- (
- 0- 5.F. D/W -0- -0-
343.75
(
3 I5IDRO G HUERTA 25.07 L.F.C.G.E PVMT. 9.75 243.75
i 2113 HOWARC 78408 -0- L.F.C.G.E PVMT. -0- -0- (
LOT 5 BLK 1 100.00 S.F. S/W 1.00 100.00
MILBURN ADEN -0- S.F. S/W -0- -0-
i A-2. 1RES UNIT -0- S.F. 0/W -0- -0-
- 0- S.F. D/W -0- -0-
343.75
C
4 RAMON R 845005Z 25.00 L.F.C.G.E PVMT. 9.75 243.75
1 1505 HOWARD 78408 -0- L.F.C.G.E PVNT. -0- -0- (
LCT 6 FILE 1 100.00 S.F. 5/W 1.10 100.00
WILBURN APCN -0- S.F. S/W -C- -0-
C 4-2, 1 RES UNIT -0- S.F. 0/W -0- -0- l
l
-0- S.F. D/W -0- -0-
343.75
l
NOVEMBER 5, 1985 PAGE 2
DESCRIPTION TOTAL
ITEM OWNER AND QUANTITY OF AMOUNT (
NO. PROPERTY DESCRIPTION ASSESSED ASSESSMENT RATE AMOUNT ASSESSED
5 ANTONIO T DALTON 25.00 L.F.C.0.1 PVMT. 9.75 243.75
2114 HOWARD 78408 -0- L.F.C.G.5 PVMT. -0- -0-
LOT 7 BLK 1 100.00 S.F. 5/W 1.00 100.00
WILBURN ADDN -0- S.F. 5/W -0- -0-
A-2, 1 RES UNIT -0- S.F. D/W -0- -0-
- 0- S.F. D/W -0- -5-
343.75
6 ISABEL H GAYTAN 25.00 1.F.0.0.1 PV80. 9.75 243.75
( 2112 HOWARD 78408 -0- L.F.C.0.1 PVMT. -0- -0-
LOT 8 BLK 1 100.09 S.F. 5/W 1.10 100.00
WILBURN ADEN -9- S.F. S/W -0- -0-
1 A-2, 1RES UNIT -0- S.F. C/W -J- -0-
- 0- S.F. D/W -0- -0-
( 343.75
7 ELVIRA R LOPEZ 25.00 L.F.C.G.G P9MT. 9.75 243.75
( 2110 HOWARD 78408 -2- L.F.C.0.1 PVMT. -0- -0- (
LCT 9 BLK 1 100.00 S.F. S/W 1.00 100.00
WILBURN ADDN -0- S.F. 5/W -0- -0-
( A-2, 1RE5 UNIT -0- S.F. D/W -0- -Q-
3
-J- S.F. D/W -0- -0-
343.75
8 ERNESTO F LCP5Z 25.00 L.F.C.G.G P9MT. 9.75 243.75
( 2108 HOWARD 78408 -0- L.F.C.0.1 PVMT. -0- -0-
LCT 10 BLK 1 100.00 S.F. S/W 1.00 100.00
WILBURN AODM -0- S.F. S/W -0- -0-
A-2, 1 RES UNIT -0- S.F. 0/W -0- -0-
- 0- S.F. 0/6 -0- -0-
( 343.75
9 955115A PEREZ 25.00 L.F.C.G.0 PVMT. 9.75 243.75
2106 HOWARD 78408 -0- L.F.C.C.0 PVMT. -0- -0- (
LOT 11 BLK 1 100.00 S.F. S/W 1.10 100.00
WILBURN AVON -0- S.F. S/W -0- -0-
'L A-2, 1 RES UNIT -0- S.F. 0/W -0- -0-
- 0- S.F. 0/W -0- -0-
1
343.75
l
l
NOVEMBER 51 1985 PAGE 3
DESCRIPTION TOTAL
ITEM OWNER AND QUANTITY OF AMOUNT I
NO. PROPERTY DESCRIPTION ASSESSED ASSESSMENT RATE AMCUNT ASSESSED
10 PATRICO G TUNCHEZ 25.00 L.F.C.G.E PVMT. 9.75 243.75
901 MENDOSZA 78416 -0- L.F.C.G.E PVMT. -0- -0- (
LOT 12 BLK 1 100.00 S.F. 5/W 1.00 100.00
WILBURN AUDN -0- S.F. 5/W -0- -0-
A-2, VACANT LOT -0- S.F. C/W -0- -0-
- 0- S.F. 0/W -0- -0-
343.75
11 ROSENDO MARTINEZ E 62.50 L.F.C.G.E PVMT. 9.75 609.38
EULALIA C MARTINEZ -0- L.F.C.G.E PVMT. -0- -0-
902 BLOOMING,TON 73416 193.57 S.F. 5/6 1.00 193.57
LCTS 13,14 L W .5 OF 15 -O- S.F. S/W -0- -0-
BLK 1 WILBURN AOCN 51.43 S.F. D/W 1-107 3.73 194.41 (
A-2 1 RES UNIT -0- S.F. C/W -0- -0-
997.36
(
12 TRINIDAD RODRIGUEL 37.53 L.F.C.G.E PVMT. 9.75 365.63
2016 HOWARD 78408 -0- L.F.C.G.E PVMT. -0- -0- (
LOT 16 E E .5 OF 15 150.00 S.F. S/W 1.00 150.00
BLK 1 WILBURN ADM. -0- S.F. 5/W -0- -0-
A-2, 1 RES UNIT -0- S.F. C/W -0- -0- (
- 0- S.F. D/W -0- -0-
515.63
13 ARMANDA PENA 25.00 L.F.C.G.E PVMT. 9.75 243.75
1511 HOWARD 78408 -0- L.F.C.G.E PVMT. -0- -0- (
LOT 17 BLK 1 100.00 S.F. S/W 1.00 100.00
WILBURN ADDN -0- S.F. S/W -o-
A...2, 1 RES UNIT -0- S.F. D/W -0- -0- t
- 0- S.F. D/W -o-
343.75
14 TOMASITA VILLAREAL, EST. 25.00 L.F.C.G.E PVMT. 9.75 243.75
( 2538 TARLTCN 78408 -0- L.F.C.G.E PVMT. -0- -0- (
LGT 18, BLK 1 100.00 S.F. S/W 1.00 100.00
WILBURN AOLN -0- S.F. S/W -U- -0-
A-2, 1 PES UNIT -0- S.F. 0/W -0- -0- (
-0- S.F. D/W -0- -0-
` 343.75
• •
r
NOVEMBER 5. 1985 PAGE 4
DESCRIPTION TOTAL
( ITEM OWNER AND QUANTITY CF AMOUNT
NC. PROPERTY DESCRIPTION ASSESSED ASSESS'IENT RATE AMOUNT ASSESSED
15 JAMES M. :MARTIN 25.00 L.F.C.G.E PVMT. 9.75 243.75
i 608 WACO 78401 -0- L.F.C.G.E PVMT. -0- -0- 1
LOT 19. BLK 1 100.00 S.F. S/W 1.00 100.00
W ILBLRN ADCN -0- S.F. 5/W -0-
1 A-2. VACANT LOT -0- S.F. 0/14 -0- -0- 1
- 0- S.F. D/W -0- -0-
(
Y
(
1
a
C
i
t
i
1
1
16 MARY M. PATILO
108 MISSISSIPPI
HOUSTON TO 77587
LOT 20, SLK 1
WILBURN ADCN
A-21 VACANT LOT
17 ALFCNSO P. CIRL05
2104 HOWARD 78408
LOT 21, BLK 1
WILBURN AOON.
A-2, 1 RES
25.00 L.F.C.G.E PVMT. 9.75
L.F.C.G.E PVMT. -0-
100.01 S.F. 5/W 1.00
-0- S.F. 5/8 -0
-0- S.F. D/6 -o-
S.F. 0/W -0-
243.75
-0-
100.00
25.07 L.F.C.G.E PVMT. 9.75 243.75
-0- L.F.C.0.5 PVMT. -0- -0-
100.00 S.F. S/W 1.00 100.00
- 0- S.F. S/W -0- -0-
- 0- S.F. D/W -0- -0-
-0- S.F. D/W -0- -0-
343.75
343.75
343.75
(
(
18 ELISO ANDRADE 25.01 1.5.5.5.E PVMT. 9.75 243.75
2004 HOWARD 78408 -0- 1.F.5.5.5 PVMT. -0- -0- (
LCT 22, BLK 1 100.00 S.F. S/W 1.00 100.00
WILBURN AODM -0- S.F. S/W -0- -0-
4-2. 1 RES UNIT -0- S.F. 0/W -0- -0- (
-0- S.F. D/W -0- -0-
343.75
(
19 FELIX GARZA
3103 GOLDEN AVE.
SAN ANTONIO, TX 78211
LOT 23, BLK 1
WILBURN ADCN
A-2 1 RES UNIT
20.00 L.F.C.S.E PVMT. 9.75 195.00
-0- L.F.C.G.E PVMT. -0- -0-
100.00 S.F. S/W 1.00 100.00
-0- S.F. S/W -U- -0-
S.F. D/W -0- -G-
-0- S.F. D/W -0- -0-
295.07
(
•
1
NOVEMBER 5, 1985
DESCRIPTION TOTAL
I ITEM OWNER AND QUANTITY OF AMOUNT
NO. PROPERTY DESCRIPTION ASSESSED ASSESSMENT RATE AMCUNT ASSESSED
PAGE 5
{
1
(
( 2C RICHARD T. GOMEZ
S P.O. BCX 3595 78404
LCT 3 BLK 2
( WILBURN ADCN
A-2, 2 RES UNIT
*RETAINING WALL
21 AUGUSTINE VILLARREAL
2601 DAVID 78405
3 LCT 4 BLK 2
WILBURN ACCN
A-2, 1 RES UNIT
*RETAINING WALL
3
1
c
22 LUCILA GATCIA
4218 TOWNSEND 78415
LOT 5, BLK 2
WILBURN ADEN
A-2, 1 RES UNIT
EAST WALL REMAINS
23 RAUL DELEON
2115 HOWARD 78408
L0T5 6 E 7, BLK 2
WILBURN ADCN
A-2, 1 RES UNIT
*10f -T WALL REPLACED
DEAD END/8EN GARZA PK
END HOWARD STREET
END NORTH SIDE
HOWARD STREET
/9TH ST. TO 8EN GARZA PARK
REGIN SOUTH SIDE
72.73 L.F.C.G.E PVMT. 4.88
- 0- L.F.C.G.E PVMT. -0-
234.69 S.F. S/W .50
- 0- S.F. S/W -G-
51.43 S.F. D/W 1-107 3.78
- 0- S.F. D/W -0-
* 72.73 OTHER LF WALL 9.18
355.17
-o-
117.35
-0-
194.41
-o-
668.12
25.00 L.F.C.G.E PVMT. 9.75 243.75
- 0- L.F.C.G.E PINT. -0- -0-
100.00 S.F. S/W 1.00 100.00
- 0- S.F. S/W -0- -0-
- 0- S.F. D/W -0- -o-
- O.. S.F. D/W -0- -0-
* 25.00 OTHER LF WALL 9.18 229.50
25.01 L.F.C.G.E PINT. 9.75 243.75
-0- L.F.C.G.E PVMT. -0- -0-
100.00 S.F. S/H 1.00 100.00
- 0- S.F. S/W -0- -0-
-0- S.F. 0/W -0- -0-
- 0- S.F. D/W -0- -0-
50.07 L.F.C.G.E PVMT. 9.75 487.50
-0- 1.F.8.8.0 PVMT. -0- -0-
200.00 S.F. 5/W 1.00 200.00
- 0- S.F. 5/W -0_ -c-
- 0- S.F. C/W -0-
- 0- S.F. 0/W -0- -0-
* 10.00 OTHER LF WALL 9.18 91.80
(
(
1,335.05
(
(
573.25
(
(
343.75
(
(
779.30 i
NOVEMBER 5. 19135 PAGE 6
DESCRIPTION TOTAL
ITEM OWNER AND QUANTITY OF AMOUNT 5
NO. PROPERTY DESCRIPTION ASSESSED ASSESSMENT RATE AMOUNT ASSESSED
24 JOHN URBIE
2109 HCWARD 78409
LOTS 8 E 9. 8LK 2
WILBURN *DON.
A-2, 1 RES UNIT
*CR 11 FT WALL
50.00 1.F.1.6.0 PVMT. 9.75
- 0- L.F.C.G.E PVMT. -0-
200.00 S.F. 5/W 1.00
- 0- S.F. S/W -0-
- 0- S.F. D/W -C-
- 0- S.F. 0/W -0-
4 39.00 OTHER LF WALL 9.18
487.50
200.00
- D-
- 0-
-0-
355.02
1,045.52 6
( 25 DAVID RANGEL. Site 50.03 L.F.C.G.E PVMT. 9.75 487.50
2513 NEMEC 78415 -0- L.F.C.G.E PVMT. -0- -0-
LCTS 10 E 11, ELK 2 143.57 S.F. 5/W 1.0C 143.57
( WILBURN ACCN -3... S.F. 5/6 - - -0- (
A-2. 1 RES UNIT 51.43 S.F. 0/6 1-107 3.78 194.41
NC WALL CONST. -0- S.F. C/W -0- -0-
( 825.48
( 26 ELIA JEAN 55008E00 25.00 L.F.C.G.E PVMT. 9.75 243.75 (
2103 HOWARD 784s3 -O- L.F.C.G.E PVMT. -0- -0-
LCT 12 PLK 2 43.57 5.F. S/W 1.00 43.57
( WILBURN ADCN -0- S.F. 5/W -0- -0- (
A-2, 1 RES UNIT 51.43 S.F. D/W 1-10T 3.78 194.41
NC WALL CONST -0- S.F. 0/6 -0- -0-
481.73 (
( 27 THERESA VILLARREAL 25.00 1.F.0.0.1 PVMT. 9.75 243.75 (
2101 HCWARC 78406 -0- L.F.C.G.E PVMT. -0- -0-
LOT 13, RLK 2 100.00 S.F. 5/W 1.00 100.00
( WILBURN ADCN -0- S.F. 516 -0- -0- t
A-21, 1 RES LNIT -0- S.F. 5/W -0- -0-
055545NING WALL -0- S.F. 0/W -o-
5. 0 25.00 OTHER LF WALL(9.18 229.50
573.25
(
28 PHLETE A. MARTIN, III 25.00 L.F.C.G.E PVMT. 9.75 243.75
60B WACC 78401 -0- L.F.C.G.E P9MT. -0-
( LOT 14. ELK 2 100.07 S.F. S/W 1.00 100.00 (
WILBURN ACCN -0- S.F. 5/44 -0- -0-
A-2• VACANT LOT -0- S.F. D/W -0- -0-
C N0 WALL CCNST -0- S.F. 0/W -0- -0- (
343.75
1
•
1
i
{
NOVEMBER 5. 1985
ITEM OWNER AND
NO. PROPERTY DESCRIPTION
PAGE 7
DESCRIPTION TOTAL
QUANTITY OF AMOUNT
ASSESSED ASSESSMENT RATE AMOUNT ASSESSED
29 JUANITA C. FUENTES 25.00 L.F.C.G.E PVMT. 9.75 243.75
2602 CLCYDE 75404 -0- L.F.C.0.6 PVMT. -0- -0-
LCT 15 ELK 2 100.00 S.F. S/W 1.00 100.00
WILBURN AOCN -0- S.F. S/W -0- -a-
A-2, 1 RES UNIT -0- S.F. 0/W - -
*RETAINING WALL -0- S.F. 0/W -0- -0-
* 25.00 OTHER LF WALL 9.18 229.50
573.25 (
( 30 VALENTINA V. ORTIZ 25.0) L.F.C.G.0 PVMT. 9.75 243.75
3314 FOLEY 78415 -J- L.F.C.G.0 P9MT. -C- -0-
LCT 16, ELK 2 100.07 S.F. 5/W 1.00 100.10
( WILBURN AODN -0- S.F. S/W -0- -0-
A-20 1 RES UNIT -0- S.F. D/W -0- -0-
*RETAINING WALL -0- S.F. D/W -C- -0-
( 0 25.00 OTHER LF WALL 9.18 229.50
573.25
(
31 LEONOR L. SCHUNICR 25.00 L.F.C.G.0 P9MT. 9.75 243.75
2013 HOWARD 78408 -0- 0.F.6.0.6 PVMT. -0-( -0-
LCT 17, BLK 2 100.00 S.F. S/W 1.00 100.00 (
WILBURN AODN -0- S.F. 5/W -0- -0-
A-2. 1 RES UNIT -0- S.F. C/W -0- -0-
*RETAINING WALL -0- S.F. C/W -0- -0- (
* 25.00 OTHER LF WALL 9.18 229.50
( 573.25
(
1
1
32 GEORGE R. SCHUNICR
C/CCARLOS SCHUNICR
1504 MONTANA AVE
EL PASO, TK 79902
LOT 18, ELK 2
WILBURN ADCN
4-2, 1 RES UNIT
*RETAINING WALL
33 AURORA F. GALVAN
2009 HOWARD 78408
LOT 19, ELK 2
WILBURN 400N
A-2. 1 PES UNIT
*RETAINING WALL
25.00 L.F.C.G.8 PVMT. 9.75 243.75
- 0- L.F.C.G.8 PVMT. -0- -0-
100.00 S.F. S/W 1.00 100.00
- 0- S.F. S/W -0- -0-
- 0- S.F. D/W -0- -0-
- 0- S.F. 0/14 -0- -0-
* 25.03 OTHER LF WALL 9.18 229.50
25.00 L.F.C.G.0 PVMT. 9.75
- 0- L.F.C.G.0 P9HT. -0-
100.01 S.F. 5/W 1.00
- 0- S.F. S/W -0-
- 0- S.F. D/W -0-
-0- S.F. D/W -0-
6 25.00 OTHER LF WALL 9.18
243.75
-C-
100.00
-o-
-a-
-o-
229.50
(
(
573.25 (
573.25
(
1. L
•
NOVEMBER 5, 1985 PAGE 3
DESCRIPTION TOTAL
ITEM CWNER AND QUANTITY CF AMOUNT
NO. PROPERTY DESCRIPTION ASSESSED ASSESSMENT RATE AMOUNT ASSESSED
34 FRANCISCC 2. RAMIREZ 25.03 L.F.C.5.0 PVNT. 9.75 243.75
2007 HCWARD 78408 -0- L.F.C.G.0 PVMT. -0- -0-
LOT 20, ELK 2 100.00 S.F. 5/W 1.00 100.00
WILBURN ADCN -0- S.F. S/W -0- -3-
A-2r 1 RES UNIT -0- S.F. 0/W -0- -0-
*RETAINING WALL -0- S.F. D/W -0- -0-
O 25.03 OTHER LF WALL 7.18 229.50
35 MARIA RAMIREZ
2005 HCWARD 78408
LCT 21 ELK 2
411859N ADDN
A -Lr 1 RES UNIT
N0 WALL CCNST
25.00 L.F.C.G.0 PVMT. 9.75 243.75
-0- L.F.C.G.0 PVMT. -U- -0-
170.00 S.F. 5/4 1.00 100.30
- 0- S.F. 5/14 -0- -0-
- 0- S.F. D/W -0- -0-
-0- S.F. 0/W -0- -0-
u
573.25 E
a
343.75 (
36 ENRISUE C. ALONZC 25.03 L.F.C.GG.0 PVMT. 9.75 243.75 (
2003 HOWARD 78408 -0- L.F.C.G.0 PVMT. -0- -0-
LOT 22, ELK 2 43.57 S.F. S/W 1.00 43.57
WILBURN ADEN -0- S.F. 5/W -0- -0-
A-2r 1 RES UNIT 51.43 S.F. D/W 1-10 3.78 194.41
N0 WALL CCNST -0- S.F. D/W -0- -0-
481.73 (
37 MARIA CE LA LUZ 5ALINA5 20.07 1.F.0.6.0 PYMT. 9.75 195.00 (
2001 H0W400 78408 -0- L.F.C.G.0 PVMT. -0- -0-
LCT 23, BLK 2 100.00 S.F. 5/W 1.00 100.00
WILBURN AODN -0- S.F. S/W -0- -0- t
A -2r 1 RES LNIT -0- S.F. D/W -0- -0-
NO WALL CONST -0- S.F. D/W --7-
D2.43 ENO
END HOWAPC ST.
ENO SCUTH SIDE
END PROJECT
Z95.00 (
•
NOVEMBER 5♦ 1985
DESCRIPTION
ITEM CMNER AND QUANTITY OF
NO. PROPERTY DESCRIPTION ASSESSED ASSESSMENT RATE
PAGE 9
TOTAL
AMOUNT
AMCUNT ASSESSED
TOTAL ASSESSMENTS • * 13.325.3 (
• •
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:
October 1, 1985, 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
04P.191.01
acceptance thereof by the City, and the balance to be
paid in 119 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 nine and
twenty-four one -hundreds percent (9.24%) per annum.
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.
provided, however, that in order for the owners of said property to avail
themselves of Option "2" or "3", above they shall be required to execute an
agreement providing for such payments and 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.
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: October 1, 1985, and shall provide in effect that if default
04P.191.01
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
04P.191.01
•
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
5th day of November, 1985.
ATTEST:
APPROVED:4 DAY OF NOVEEMBER. 1985
Assistant C /Atrney 01116,,
04P.191.01
MAYO
THE CITY F CORPUS CHRISTI, TEXAS
• •
CorpusrpChristi, T s
S^ day of . 198.E
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
Dr. Jack Best
David Berlanga, Sr.
Leo Guerrero
Joe McComb
Frank Mendez
Bill Pruet
Mary Pat Slavik
Linda Strong
19077