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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