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Home My WebLink About020250 ORD - 03/22/1988AN ORDINANCE CLOSING THE HEARING ON STREET IMPROVEMENTS ON THE FOLLOWING STREETS: I.H. 37, Calallen Interchange From 1500' east of the Missouri Pacific Railroad Underpass to 0.74 miles south of the Nueces River Bridge. 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 17th day of November, 1987, determined the necessity for, and ordered the improvement of the following streets: I.H. 37, Calallen Interchange From 1500' east of the Missouri Pacific Railroad Underpass to 0.74 miles south of the Nueces River Bridge. in the manner and according to the plans and specifications heretofore approved and adopted by the City Council by ordinance dated November 17, 1987, 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 November 17, 1987, 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 November 17, 1987, did order and set a hearing to be held during a meeting of the City Council on December 29, 1987, in the Council Chambers, City Hall, 302 South Shoreline Boulevard, 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 205RP118.ord MICROFILMED 20250 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 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 Caller -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 during a meeting of the City Council on December 29, 1987, and reconvened on January 19, 1988, in the Council Chambers, City Hall, 302 South Shoreline Boulevard, 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: 205RP118.ord 2 t 1 City Attorney Hal George stated that this hearing is required by Article 1105-B of VACS which specifies that the City must prove that the property involved will be enhanced at least in the amount of the assessments. He called • as his first witness Mr. Victor Medina. Minutes . Regular Council Meeting December 29, 1987 Page 2 Mr. Medina stated that it might possibly have bee ecause gasoline had been discovered in the area and contractors may have� en hesitant to submit bids. He noted, however, that included in the spe ications is a contingency item in the event adverse conditions are discoveafter the work has started. He also explained that the City could not iden fy the source of the gasoline. Mayor Turner suggested that a lette •e sent to all companies that checked out plans and specifications to deteine why they did not submit bids. She asked that the Council be provided th copies of the letter. 3. Waterline Relocation 0-• Creek at Chapman Ranch project Mr. Medina opened •ids on this project from the following firms: CAT Contracting, Inc.; tefek Construction Company; and Tennessee Pipeline Construction Co. . Medina noted that contractors submitting bids on all three projects had ••matted the required bid security bond or check and had acknowledged eceipt,of all addenda. Mayor Turner expressed appreciation to the bidders for submitting bids on the above projects. * * * * * * * * * * * * * Mayor Turner announced the public hearing on assessments for the IH 37 -US 77 (Calallen) interchange project indicating assessments of $103,526.88 on 36 items. Through questioning of Mr. Medina, Mr. George determined that he has a degree in Civil Engineering from the University of Texas in Austin; he is a registered engineer in the state of Texas; he is Director of Engineering Services for the City of Corpus Christi; and that he is familiar with the project. Mr. Medina testified that the project includes improvements to the frontage roads along the north, south and west sides of the Calallen interchange; the State Department of Highways and Public Transportation had received bids on the project on October 6, 1987 and low bid in the amount of $27,307,312.96 had been submitted by Heldenfeis Brothers, Inc. Mr. Medina stated that the contractor had 750 days to complete the project; the preliminary assessments total $103,526.88 on thirty-six items; the City's portion for the project is $259,801.78. He explained that there are existing curbs and gutters on the west side of IH 37 but none on the other side. He stated that he was of the opinion that all properties should be assessed because the existing curb has been in place since 1958, and the ordinance specifies that no credit should be given to Minutes Regular Council'Meeting December 29, 1987 Page 3 improvements that are over thirty years old. He stated that some of the property is commercial and some is residential. Mr. George called as his next witness Mr. George Paraskevas to provide his expert testimony on the assessment roll. Mr. George questioned Mr. Paraskevas and ascertained that he is a real estate broker, that he has a broker and real estate license, and stated that he appraises both commercial and residential property. Mr. Paraskevas stated that, in his opinion, all of the property will be enchanced at least in the amount of the assessments with the exception of II parcels of land. Mr. Paraskevas stated that he had examined property that has curbs and gutters, and although it is thirty years old, in his opinion, it is still in good condition and the property owner should not be assessed. He stated that Item 14, owned by Rodney G. Camp, et ux, should not be assessed at all and the owners of the properties listed as Items 18, I9a-g, 20, 21, 22, 23, 25, 26, 27, 28 and 29 should not be assessed for curb and gutter. Council Member Slavik asked Mr. Paraskevas for his opinion of the City's thirty-year rule of charging for new curbs and gutters and why he did not feel that the property owners should be assessed. Mr. Paraskevas explained that the curbs and gutters on these pieces of property look pretty good and he did not know the expected life of such improvements. Council Member Slavik expressed the opinion that they should be assessed but possibly at a lower rate. Mayor Turner called for comments from the audience. Mr. Kelly V. Cobb, -.-12922 East Redbird, objected to the assessments for his property noting that it was condemned at 87 cents per square foot; curbs, gutters and sidewalks will not enhance his property because they do not have access to IH 37; and he objected to the fact that City crews have already performed some utility.. work and left his driveway with only gravel. He mentioned other inconveniences and reiterated that they have no access from their property. Mr. Medina pointed out that all of that property was acquired by the state of Texas, not the City. Council Member Moss noted that it is a state highway and it is City right-of-way that is required for utility lines. Mr. Paraskevas was asked for his opinion, and he stated that it is his understanding that this piece of property has been purchased and the owners received a fair price; the curb and gutter had been moved back; and he felt that they should be assessed. Minutes Regular Council Meeting December 29, 1987 Page 4 Council Member Guerrero noted that the assessment is $581.13 and asked Mr. Cobb if he did not think his property would be enchanced at least in that amount, and Mr. Cobb stated that the sidewalk will come within three feet of his bedroom window and the sidewalk would actually be an inconvenience to him because of invasion of their privacy. He again stated his property would certainly not be enhanced. Council Member Guerrero inquired about the zoning on the property, and City Manager McDowell stated that it is zoned B-4. Mr. Medina pointed out that it will be valuable property in the future. Mrs. Millie Cobb, 12922 East Redbird, stated that this is their home and expressed the opinion that no one could use the sidewalks anyway. Mayor Turner suggested tabling this item for further consideration, and City Attorney George pointed out that this is a public hearing and the ordinance will not be before the Council until a later date. Mr. Ted Eaton, pastor of Calallen First Baptist Church, Item 20 on the assessment roll, pointed out that if a sidewalk is installed adjacent to their property, they would have to construct a retaining wall to keep the soil from washing away. Mayor Turner pointed out that Mr. Paraskevas has recommended that the church not be assessed for curbs and gutters. Mrs. Pauline P. Duff, 11645 Coleta Creek, stated that she has two acres of unimproved property and stated that they would never need curbs and sidewalks there. Mr. Medina pointed out that the City ordinance requires that all property have sidewalks when streets are being improved. Mayor Turner inquired if the sidewalk was really needed, and Mr. Medina stated that it may not be needed today but it may be in the future. Council Member Guerrero pointed out that if the City does not have consistent 'development and later has to come back to construct a sidewalk, the cost will.be greatly increased. Mr. Pat Rickham, 3710 Country Estates, Item 7, informed the Council that a portion of his property was taken for right-of-way. He also questioned the need for the sidewalks and how far the sidewalk would extend. Mr. Medina stated that the sidewalks extend to Ripple Street, and Mr. Carl Crull, Engineer, stated that is the end of curbs and gutter section also. Minutes , Regular Council Meeting December 29, 1987 Page 5 Mr. Bickham inquired as to how the assessments were determined, and Mr. Medina stated that property owners are assessed 80 percent for the sidewalks and 100 percent for curbs and gutters. Mr. Carl Crull, Design Engineer, stated that there is a $1 minimus charge for sidewalks in residential areas. Mr. Medina informed the Council that there is a possibility of errors on Items 8 and 12 and the Staff is recommending that no assessments be made against the property in Item 12 but there should be assessments on Item 8. Mayor Turner suggested that the hearing not be closed until the owners of those two pieces of property have been notified. A motion was made,.by Council Member Strong that the assessment hearing be recessed for one week; the motion was seconded by Council Member Moss. Mr. Moss stated that the property owners should receive the same letter showing the amount of their assessments before the hearing is conducted. The motion to recess passed unanimously. -* * * * * * * * * * * * * Mayor Turner call-. for consideration of Consent Motions 1 thru 4. 1.. M87-0409 Approving plans and spe fications and authorizing receipt of bids on January 26, 1986, for impro'-ments to Austin Neighborhood Park. 2. M87-0410 Approving plans and specification- and authorizing receipt of bids on January 26, 1988, for the relocation ,r adjustment of water and wastewater lines along Park Road 22 between Waldro Road and Laguna Madre. 3. M87-0411., Scheduling a public hearing for January 12, 19 , on a request to close a 5 -foot wide by 121.5 -foot long portion of -en Street right-of-way adjacent to Lot 1, Block R, Lexington Place Subdivi=_on. 4. M87-0412 Accepting the Flour Bluff Fishing Pier project; granting =n 88 -day time extension; and authorizing final payment of $17,794.99 to Kin_. Construction Company, Inc. Minutes Regular Council Meeting January 19, 19.88 Page 6 Mayor Turner announced the public hearing on assessments 'or the Glenoak Drive Sidewalk Improvements, indicating assessments of $9,463.7 on six items. City Attorney Hal George stated that this hearing is equired by Article 1105-B of VACS which specifies that the City must pro - that the property involved will be enhanced at least in the amount of the .ssessments. He called as his first witness Mr. Victor Medina. Through questioning of Mr. Medina, Mr. George determined that he has a degree in Civil Engineering from the University oTexas in Austin; he is a registered engineer in the state of Texas; he is Director of Engineering Services for the City of Corpus Christi; and hat he is familiar with the project. Mr. Medina testified that the projec includes the construction of a sidewalk along the south side of Glenoak D''ve from Waldron Road to Saint Peter Street; the contractor is A. Ortiz Const' ction and Paving Company, Inc. with the low bid of $35,794.00; the projec will take 25 working days; and the preliminary assessments are $9,463.74. Mr. George called as his next tness Mr. George Paraskevas to provide his expert testimony on the assessment oll. Mr. George questioned Nr. Paraskevas ,and ascertained that he is a real estate broker; he has a bro -r and real estate license; he appraises both commercial and residential pr•perty; he is familiar with the project; and he has examined the assessment rol and each parcel. Mr. Paraskevas stat -d that, in his opinion, all of the property will be enhanced at least in th- amount of the assessments. In answer to a question from Council Member Moss, Mr. Medina stated that there is a condomi'ium complex that fronts on Glenoak that has an association, and the City is assessing the association and not the individual property owners. A motio was made by Council Member Pruet to close the public hearing; seconded by ouncil Member Guerrero and passed unanimously. It as noted that the Ordinance will be forthcoming to the Council in a couple -f weeks. Mayor Turner reconvened the assessment hearing for the I.H. 37/U.S. 77 (Calallen) Interchange Project indicating assessments of $103,526.88 on 36 items. Minutes .Regular Council Meeting January 19, 1988 Page 7 City Attorney George stated that this is a reconvened hearing and asked Victor Medina, Engineering Services Director, to bring the Council up-to-date on the reason for reconvening the hearing. Mr. Medina stated there were some questions raised in regard to two of the assessment items at the hearing on the proposed sidewalk, and it was decided to recess the hearing for three weeks so that the Council could go out and study the improvements. Council Member Strong stated she went out and drove around the area for about thirty. minutes; she did not think the sidewalk is appropriate; and that she did not, think the Cobbs' property will be enhanced at all. She noted that she is surprised that with the highway property line running as close to the Cobbs' house as it is, that the Highway Department is not buying their property. She also referred to the sewer line and stated that there would be trouble in going in and out and walking across to get the mail. She noted that the Cobbs family is in a deplorable situation and that she thought the Council should be sensitive to individual people's needs. Mr. Medina stated that in defense of the Highway Department, they are saying that when they appraised the property, as a part of the settlement in acquiring that right-of-way, damages were included. Council Member Strong expressed concern about the Cobbs and pointed out that their whole living 'situation has totally changed now and will be changed forever as long as they'are on that property. She stated that she thought the property will be impossible to sell. She noted that she did not think the damages for the property purchased goes far enough. Mayor Turner and Council Member Rhodes concurred with Mrs. Strong. In answer to a question from Council Member Rhodes, Mr. Medina stated that the right-of-way line was moved and located the area on the transparency map. In answer to a question from Council Member Rhodes, Mr. Medina stated that the Highway Department. requires sidewalks for control of their right-of-way and by Ordinance, the City also requires sidewalks on all of their street improvement projects. Council Member Rhodes inquired if it could be waived, and Mr. Medina replied in the affirmative, stating that it is the Council's decision. He recommended that if one is waived, all of the assessments on the sidewalks for all abutting property owners be waived. He pointed out that the state does not want to waive the sidewalks, and that is their control for their right-of-way. Mr. Medina noted that the City can make a recommendation to the state. Mr. George Paraskevas was asked for his opinion, and he stated that he felt if• the sidewalk was not put in and that particular spot was bypassed, that property would lose value if someone at a later date wants to buy it. He stated Minutes Regular Council Meeting January 19, 1988 Page 8 that there is a buyer for all types of properties, and it would not be enhanced if it did not have a curb, gutter and sidewalk. Council Member Guerrero noted that it is a residential piece of property, and once the highway comes through that particular area, the value will be enhanced and that has to be a part of the consideration and a value appreciation set on that particular piece of property. He also expressed concern for the Cobbs and noted that in the near future, the property will appreciate in value. Mayor Pro Tem Berlanga concurred with Mr. Guerrero and stated if the City tries to omit sidewalks from that particular area, they will be establishing a precedent. He stated that if a sidewalk is required by Ordinance and the City staff and appraiser says it will enhance the property in the future, he thought the City should proceed with it. Council Member Strong noted that there are two separate issues, the assessment of curbs, gutters and sidewalks and someone's homestead which will be changed forever because of this progress. She pointed out that the property is now residential, and they will have to pay at their own expense the planning process for a change of zoning. Mr. Medina noted that the property is zoned "B-4" and not "R -1B." In answer to questions from Council Member Slavik, Mr. Paraskevas stated that enhancement is equal.if the property is residential or commercial and noted that it is a corner piece -of property. Mr. Guerrero noted it is a detriment right now but he thought it will be a great benefit in the future. and they will personally benefit from it. He stated that he`did not think the -City should deviate from their own ordinances. Mr. Kelly Cobb, 12922 -Red Bird, stated he has his own appraiser but he is not present today. He noted he was not given damages for any other building, and the only damage he was given was actually for what was taken by the state of Texas. He stated that the state of Texas said they did not damage his house. Mr. Cobb referred to the City Ordinance which requires a setback of 25 feet from a road and stated his lot does not meet the City Ordinance in any way. He asked how the property could'be enhanced when he has to pay $1.00 per sq. ft. for sidewalks that cannot be used. Mr. Cobb noted he has lived on the property 26 years and was not aware of the change in zoning. Mayor Turner inquired when the property was rezoned, and Mr. Medina stated about 10 to 15 years ago. Council Member Schwing inquired if the City can build gutters and not build sidewalks, and Mr. Medina replied that can happen, but the City's Ordinance says there must be sidewalks and the Ordinance would have to be changed. He noted that the City would have to ask the state not to build the sidewalks. Minutes Regular Council Meeting January 19, 1988 Page 9 Council Member Moss pointed out that this is not a condemnation hearing and stated that the assessments that are imposed do not have to be paid until the project has been completed or the property is sold. Mayor Turner requested that a clarification be given to Mr. Cobbs about the change of zoning. Mr. Gordon Roakes, representing his daughter and son, stated they are located on the west side. He stated they attended several hearings when the state contract came up and there was nothing presented regarding sidewalks. He stated that the west side was not to be touched and now they understand there will be sidewalks and curbs. He noted that they already have gutters. Mr. Medina stated that the sidewalk will be built in accordance with the Highway Department requirements. He stated that the City has acquired property on the west side for their utility line relocations; the sidewalks will be built by the state; and that would not require a covenant. Mr. Roakes referred to mistakes made by the City and stated that this is not the first time the City of Corpus Christi has raped Calallen. He presented photographs to the Council and noted that they have a historical marker on their property and asked what would be done with it. He referred to the map and spoke about the easements. He stated that if a sidewalk is put in, there won't be five feet or less from their front door to the right-of-way. Mr. Medina mentioned the lots owned by Mr. Roakes' daughter and how much they were assessed. He clarified that the sidewalk will be tied to the curb and gutter. He noted that the state requires sidewalks on their projects and the City has that sane requirement. He stated that wherever the curb and gutter ceases, there will be no more sidewalks. Council Member Rhodes inquired again if the City can waive the sidewalk for this particular piece of property without changing the Ordinance, and Mr. Medina stated it is not the City's project; it is the Highway Department's project; and the City would have to approach them to see if they will waive the sidewalk. Council Member Rhodes inquired about the consequences if the Council votes "no," and Mr. Medina replied this is an assessment hearing; it is the state's project; the City has to have an assessment hearing because of the improvements being done; and the City has the option of not assessing. Council Member Pruet pointed out the only way not to assess the property owners would be for the City to pay for the improvements. Council Member Schwing noted that another option would be for the the City tc ask the State not to build the sidewalks and inquired about how that could be done. Minutes "Regular Council Meeting January 19, 1988 Page 10 • Mr. Medina stated that the. City could notify the Highway Department in writing but that he did not know how long it would take them to reply. He also noted the project could be jeopardized. After more discussion, it was the consensus of the Council that a letter be sent to the Highway Department expressing the City's concern regarding the sidewalks and asking them to consider waiving the sidewalks if this will not jeopardize the project. * * * * * * * * * * * * * Mayor Turner called for consideration of Consent Motions 1 thru 8 and Council Members requested that Motions 3 thru 8 be withheld for scussion. A motion was made by Council Member Schwing to approve Consent M• ions 1 and 2; seconded by Council Member Guerrero and passed unanimously. 1. M88-0008 Appointment of Frank Schwing, Jr. as a Director Housing Finance Corporation, Corpus Christi Corporation and the Corpus Christi Health Corporation to serve the remaining portion of ending May 1, 1989, with the provision th conformity with the By -Laws of the individual 2. M88-0009 Approving a supply agreement for service addles to Corpus Christi Pipe and Supply based on lowbid for an estimat-• annual expenditure of $16,756.61. The term of the contract will be twe e months, with an option to extend for an additional twelve months, su•ject to the approval of the supplier and the City Manager or his desig e. These items will be stored in the City Warehouse and used by the Wa -r Department. o the Corpus Christi dustrial Development acilities Development he vacant two-year term the appointment is in orporations. In reference to Item No. 3 pe Fine Paper, Council Member Moss Manager McDowell stated it is cop in their Print Shop in regular organization the size of this In reference to the s bid was not accepted, and Monarch Paper did not ha aining to Approving a Supply Agreement for required about use of the paper, and City paper; cover stock and material the City uses erations; and that it is a normal charge for an ity. e item, Council Member Slavik inquired why the low ity Manager McDowell replied the low bid submitted by a ceiling on the price adjustment. In reference to em No. 6 pertaining to the Wastewater Building Enclosure, Council Member Slav inquired if the contractor was responsible for the $750 change order for t'e rusty screws, and City Manager McDowell stated that Staff requested him to •erform that work when the problem was discovered, and that the City is respons ale for the charge. 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. 205RP118.ord 3 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: 205RP118.ord 4 Final Assessment Roll I.H. 37, Calallen Interchange From 1500' East Of The Missouri Pacific Railroad Underpass To 0.74 Miles South Of Nueces River Bridge This project shall include improvements to the frontage roads along the north, south and west sides of the Calallen Interchange within the described limits. The typical frontage road will be 35 feet in width with a 6" curb and gutter section on the outboard side and a 6" machine laid curb along the inboard side. The frontage roads will be constructed with an 8" stabilized subgrade, 18" flexible base and 11" Type "D" Asphaltic pavement. There will be 4' or 5' wide reinforced concrete sidewalks, 4" thick and 6" thick reinforced con- crete driveways constructed as shown on the plans. This project is being constructed jointly by the City and the State Department of Highways and Public Transportation and is an improvement assessment project. Based on the low bid prices submitted by Heldenfels Brothers, Inc. and the City's current assessment policy, owners of abutting property are assessed at the following rates. Bid Prices Assessment Item Plus Engineering Cost Rate 6" Curb & Gutter $4.86 L.F. $4.86 L.S. Sidewalk $1.44 S.F. $1.00 S.F. Driveways $2.76 S.F. $2.76 S.F. Total Bid Price State & Federal Portion City Portion City Escrow Funds Final Assessments $27,307,312.96 27,047,511.18 259,801.78 308,132.00 $ 89,569.45 VSM/al Victor S. Medina, P.E. Director of Engineering Services 1.1 6 FEBRUARY 2, 1988 PAGE 1 DESCRIPTION TOTAL ( ' ITEM CWNER AND QUANTITY OF AMOUNT 3 NO. PROPERTY DESCRIPTION ASSESSED ASSESSMENT _ RATE AMOUNT ASSESSED ASSESSMENT ROLL CLOSING HEARING I.H. 37 CALALLEN INTERCHANGE 11 BEGIN NORTH FRONTAGE _ RAILROAD AVE. TO 0.74 MILES SOUTH OF NUECES RIVER 1 BEN F. VAUGHN III ETAL C/0 BANK E TRUST CO. PO BCX 1698 VICTCRIA TX 77901 25.36 AC OUT OF TR 28 G. FARIAS GRANT I-2 1,066.82 L.F.C.G.E PVMT. 4.86 5,184.75 - 0- L.F.C.G.E PVMT. -0- -0- 4,267.28 S.F. S/W 1.00 4,267.28 -0- S.F. S/W -0- -0- - 0- S.F. D/W -0- -0 - 0- S.F. D/W -0- -0- THOMAS B. GUNTER, JR. 544.24 L.F.C.G.E PVMT. 4.86 _ 2,645.01 11573 UP RIVER RD. 78410 -0- L.F.C.G.E PVMT. -0- -0- 4.027 AC TR 1 2,176.96 S.F. S/W 1.00 2,176.96 CALALLEN ANNEX 6 -0- S.F. S/W -0- -0- .065 AC POR LOT 3 -0- S.F. D/W -0- J.E. WILSON SUBD -0- S.F. D/W -0- B-4/R-16 3 PAULINE P. DUFF 11645 CDLETA CREEK 78410 •� 1.972 AC OF TR. B .0 AA C - CALALLEN ANNEX R-18 9,452.03. 497.97 L.F.C.G.E PVMT. 4.86 2,420.13 -0- L.F.C.G.E PVMT. -0 -0- 1,991.88 S.F. S/W 1.00 1,991.88 -0- S.F. S/W -0- '3-0- S.F. D/W -0- -Q- - 0- S.F. D/W -0- -0- 3A JERRY MATHIS 12925 REDBIRD LN 78413 1.52 AC OUT OF TR 32 G FARIAS GRANT R-18 53.15 L.F.C.G.E PVMT. -0- L.F.C.G.E PVMT. 212.60 S.F. S/W -0- S.F. S/W -0- S.F. D/W -0- S.F. D/W 4.86 -0- 1.00 -0- -0- 258.31 212.60 -0- 4,821.97 . 4,412.01". 47J.91 a: FEBRUARY 2. 1988 ITEM NC. CWNER AND PROPERTY DESCRIPTION DESCRIPTICN QUANTITY OF ASSESSED ASSESSMENT PAGE 2 RATE AMOUNT ELSIE B. GREENWOOD 13114 MIDDLEE LN 7841 2 AC POR. BLK .32 MAGEE LAND OF G. FARIAS GRANT TRACT R-18 i 430.78 L.F.C.G.E PVMT. 4.86 —0— L.F.C.G.E PVMT. —0 1,723.12 S.F. S/W 1.00 —0— S.F• S/W —0- - 0— S.F. D/W —0- -0— S.F. D/W —0— • REDBIRD INTERSECTS KELLY Be CCBBS 12922 E. REDBIRD 78410 LOT 1 LESS 13.5' BLK 23 CALALLEN TGWNSITE 8-4 i c 111 GEORGE D. SHAFFER 4617 NUECES TOWN RD. 7841C N 13.5. OF LOT 1 E ALL LOTS 2 E 3, LESS .113 AC TO ROW BLK 23, CALALLEN TCINSITE B-4 2,093.59 —0- 1,723.12 f TOTAL AMOUNT ( ASSESSED 3,816.71 65.59 L•F.C.G.E PVMT. 4.86 —0— L.F.C.G.E PVMT. —0- 262.36S.F.S/W .—.._: —0— S.F. S/W —0— S.F. D/W — 0— S.F. C/W 1.00 —0- 113.55 L.F.C.G.E PVMT. 4.86 — 0— L.F•C.G.E PVMT. —0- 454.20 S.F• S/W 1.00 -0 S.F. S/W —0- — 0— S.F. D/W —0- -0— S.F. D/W -0— PAT'BICKHAM 3710 COUNTRY ESTATES 78410 LOTS 4 THRU 7 BLK 23 CALALLEN TOWNSITE 8-4 8 LOUISE L. HUNTSMAN 12902 E. ELIFF 78410 LOT 7 THRU 10, BLK 24 CALALLEN TGWNSITE B-4 **DOES NOT ABUT IMPVTS. 122.79 L.F.C.G.E —0— L.F.C.G.E 491.16 S.F. S/W — 0— S.F. S/W —0— S.F. D/W —0— S.F. D/W PVMT. 4.86 PVMT. —0— 1.00 —0- - 0- - 0— E. ELIFF INTERSECTS 44 ..100.00 L.F.C.G.E PVMT. —0- - 0— L.F.C.G.E PVMT. —0— 400.00 S.F. S/W — 0— S.F. S/W —0— —0— S•F• D/W —0— S.F. D/W — 0— 319.77 — 0- 262.36 — 0- - 0- -0- 551.85 - 0- 454.20 -0- -0- -0- 596.76 - 0- 491.16 - 0- - 0- -0- - 0- - 0- - 0- - 0- -0- 581.13 1,006.05 [' .al FEBRUARY 29 1988 ITEM OWNER AND NC. PROPERTY DESCRIPTIGN t QUANTITY PAGE DESCRIPTION OF ASSESSED ASSESSMENT RATE AMOUNT TOTAL TOTAL AMOUNT ASSESSED WANDA L. MCCALL 7102 LAKEVIEW 78412 LOTS 11 E 12, BLK 24 CALALLEN TCWNSITE 8-4 RUTH DORA MASTER E WILLIS LYDELL WRIGHT 4913 RAILRCAD 7841C LOT 13 E PGR. LOT 14, BLK 24 CALALLEN TCWNSITES B-4 11 P.S. WRIGHT BOX 103 LEESVILLE TX 78122 LOTS 15 THRU 18, BLK 24 CALALLEN TCWNSITES 8-4 t !� 12 STATE OF TEXAS HIGHWAY ROW • �•� LOTS 1A E 3A • BLK 25 CALALLEN TOWNSITE t !,r 8-4 NO ASSESSMENT u.a t i t 13 MISSOURI PACIFIC R.R. CO. P. G. BOX 2500 BROOMFIELD CO. 80020 15.13 AC IN R.R. NC. 1 I-2 *DOES NCT ABUT 50.00 L.F.C.G.E PVMT. 4.86 PVMT. —0- 100.00 S.F. S/W 1.00 — 0— S.F. S/W —0- - 0— S.F. D/W —0- -0— S.F. D/W —0- 50.00 L.F.C.G.E PVMT. 4.86 —0— L.F.C.G.E PVMT. —0- 100.00 S.F. S/W 1.00 —0— S.F. S/W —0- -0— S.F. D/W —0- -0— S.F. C/W —C- 103.29 L.F.£.G.E_PVMT. 4.86 — 0— L.F.C.G.E PVMT. —0- 413.16 S.F•_S/W 1.00 —0— S.F. S/W —0- - 0— S.F. D/W —0— S.F. D/W —0- 229.55 L.F.C.G.E PVMT. — 0— L.F.C.G.E PVMT., 918.20 S.F. S/W —0— S.F. S/W —0— S.F. D/W —0— S.F. D/W BUCKHORN ST. INTERSECTS L.F.C.G.E PVMT. L.F.C.G.E PVMT. S.F. S/W S.F. S/W S.F. D/W S.F. D/W — -0- - 0- - 0- - 0- -o- 0- -0- -0- -0- - 0- - 0- -0- -0- - 0- -0- 243.00 —0- 100.00 —0- -0- -0- 501.99 -0- 413.16 -0- -0- -0- 0- -0- -0- - 0- - 0- - 0- - 0- -0- -0- _0- 343.00 343.00 '"i 915.15', L .00 FEBRUARY 2. 1988 PAGE ITEM OWNER ANC NC. PROPERTY DESCRIPTION QUANTITY ASSESSED ti 14 RODNEY G. CAMP, ET UX 4358 FIVE PTS. RD. 78410 LOT 12 RIVER FOREST ACRES R -1B, RES. UNIT *PREVIOUSLY ASSESSED DESCRIPTION OF ASSESSMENT RATE AMOUNT TOTAL AMOUNT _ASSESSED_ END CURB E GUTTER STA. 10814 PLUS 70 END NORTH FRONTAGE RD. WEST FRONTAGE ROAD_._. FIVE POINTS ROAD BEGIN STA. 760 PLUS 66 a 120.39 L.F.C.G.E PVMT. -0- I.F.C.G.E PVMT. 409.56 S.F. S/W - 0- S.F. S/W 297.00 S.F. D/W 1-18C -0- -0- S.F. D/W -0- 14B CITY OF CORPUS WATER LINE EASTMENT 14C [PEI EASEMENT 40.00 L.F.C.G.E PVMT. - 0- L.F.C.G.E PVMT. -�- S.F. S/W - 0- S.F. S/W - 0- S.F. D/W -0- S.F. D/W 40.00 L.F.C•G.E PVMT. - 3- L.F.C.G.E PVMT. -0 S.F• S/W - 0- S.F• S/W -0- S.F. D/W - 0- S.F. D/W - 0- -0- - 0- - 0- - 0- -0- -0- -0- -0- - 0- -0- - 0- 40.00 L.F.C•G.E PVMT. -0- - d- L.F•C.G.E PVMT. -0- - 0- S.F. S/W -J- -0- S.F. S/W -.- - 0- S.F. C/W -0- -0- S.F. D/W -0- - 0- - 0- - 0- -0- - 0- - 0- -0- -0- -0- -0- -0- -0- - 0- - 0- .00 .00 FEBRUARY 27 19E8 ITEM OWNER AND 'NC. PROPERTY DESCRIPTION f'.. QUANTITY ASSESSED PAGE DESCRIPTION GF ASSESSMENT RATE AMOUNT TOTAL AMOUNT ASSESSED C's t 5 DOYLE D. HENDERSCN 4601 CORNETT DR. 78410 LOT 8 RIVER FOREST ACRES R-18, RES. UNIT 16 CALALLEN INDEPENDENT SCHOOL DISTRICT 4205 WILDCAT LANE 7E410 POR TR 31 E 32 G. FARIAS GRANT A-592 R-187 SCHOOL 7 RAY H• HCSTUTLER7 INC. P.O. BOX 3147 78404 3.949 AC TR 32 G FARIAS GRANT R-18 8 T.A. SETLIFF 13301 LEOPARD 78410 FRAC. LOTS 1 THRU 5 BLK 17 CALALLEN TCWNSITE #EXST C & G *REDUCED BY COUNCIL 19 H.W. REAGAN P.O. BOX 10493 7E410 BLD. 8. UNITS 12 THRU 16 E BLD. C. UNITS 9. 10 E 11 E 28.25959 PERCENT GCE RIVER HILL TOWNHOUSE R-2 *REDUCED BY COUNCIL 99.14 L.F.C.G.E PVMT. L.F.C.G.E PVMT. 396.56 S.F. S/W - 0- S.F. S/W -0- S.F. D/W -0- S.F. D/W - 0- CORNETT DR. INTERSECTS 17518.39 L.F.C.G.E PVMT. -0- L.F.C.G.E PVMT. 7,591.95 S.F. S/W - S.F. S/W - 0- S.F. D/W - 0- S.F. D/W 464.98 L.F.C.G.E PVMT. - 0- L.F.C.G.E PVMT. 27324.90 S.F. S/W -0- S.F. S/W - 0- S.F. D/W -0- S.F. D/W 252.63 L.F.C.G.E PVMT. -0- L.F.C.G.E PVMT. 17263.15 S.F. S/W -0- S.F. S/W - 0- S.F. C/W -0- S.F. D/W 135.02 675.10 L.F.C.G.E PVMT. L.F.C.G.E PVMT. S.F. S/W S.F. S/W S.F. D/W S.F. D/W 4.86 - 0- .50 - 0- - o- 70- 4.36 -0- . a 4.66 1.U0 -0- -0- 1.00 - 0- -0- -0- 1.30 -3- - 0- 481.82 - 0- 198.28 -0- -0- -0- 7.379.38 -0- 7.591.95 -0- -0- - 0- ,__ 2.259.8 -0- 27324.90 -0- -0- 17263.15 -0- -0- - 0- -0- 675.10 -0- 680.1,0 14.971.3 47584.70 17263.15 675.10 e . FEBRUARY 2, 1988 PAGE DESCRIPTION OWNER AND OF PROPERTY DESCRIPTION ASSESSMENT ITEM NC. 1.1 QUANTITY ASSESSED RATE AMCUNT I>f 19A VERNON A. TAUER ET UX ( 18 RIVER HOME 78410 BLDG. A. UNIT 18 E 2.245836 PERCENT GCE RIVER HILL TOWNHCUSE R-2 *EXISTING C E G *REDUCED BY COUNCIL t E 198 ANTHA G. HAHN 19 RIVER HCME 78410 BLDG. A UNIT 19 E 2.98634 PERCENT GCE RIVERHILL TOWNHOUSE R- 2 *EXISTING C C G *REDUCED BY COUNCIL 19C H.N. REAGAN P.O. BOX 10493 78410 BLDG. A. UNIT 20 E 2.98634 PERCENT G.C.E. RIVER HILL TOWNHCUSE R-2 #EXISTING C E G *REDUCED BY COUNCIL 19D STEVEN G. BURGOCN, ET UX 21 RIVER HCME 78410 BLDG. A UNIT 21 E 2.98634 PERCENT GCE RIVER HILL TOWNHCUSE R-2 ¢EXISTING C E G *REDUCED BY COUNCIL 19E RIVER HILL TOWNHC=MES, INC. P. O. BOX 10493 78410 BLDG. At UNIT 22 E 3.69402 PERCENT GCE RIVER HILL TOWNHCUSE R-2 #EXISTING C E G *REDUCED BY COUNCIL 10.75 L.F.C.G.E PVMT. -0- -0- L.F.C.G.6 PVMT. -0- 53.65 S.F. S/W 1.00 - 0- S.F. S/W -0- - 0- S.F. C/W -0- - S.F. D/W $ 14.27 L.F.C.G.E PVMT. -0- L.F.C.G.E PVMT. ..... ........... 57.08 S.F. S/W -0- S.F. S/W - 0- S.F.C/W__.._ - 0- S.F. D/W 14.27 L.F.C.G.E PVMT. -0- L.F.C.G.E PVMT. 57.08 S.F. S/W -0- S.F. S/W - 0- S.F. D/W -0 S.F. D/W 14.27 L.F.C.G.E PVMT. - 3- L•F.C.G.E PVMT. 71.35 S.F. S/W -0- S.F. S/W -0- S.F. C/W -0- S.F. C/W 1.00 1.00 - 0- -0- 1.00 - 0- -3- 17.65 L.F.C.G.E PVMT. -C- - 0- L.F.C.G.E PVMT. -�- 88.25 S.F. S/W -0- S.F. S/W -0- - 0- S.F. C/W -3- -0- S.F. D/W -G- 1.00 53.65 - 0- - 0- -0- - J- 57.08 -0- - 0- - 0- TOTAL AMOUNT ASSESSED 53.65 ( ,r( 57.08 - 0- -0- -0- -0- 71.35 - 0- - 0- -0- 88.25 - n- ( ( 57.08 ( C C 57.08 C 71.355 C 38.25 L I. FEBRUARY 2, 1985 PAGE DESCRIPTION OWNER AND OF PROPERTY DESCRIPTIQN ASSESSMENT ITEM NC. QUANTITY ASSESSED RATE AMOUNT TOTAL AMOUNT ASSESSED 19F RIGO8ERTO E. LOPEZ, ET UX * { 23 RIVER HOME 78410 BLD At UNIT 236 3.69402 PERCENT GCE RIVER HILL TOhNHCUSE R-2 *EXISTING C E G *REDUCED BY COUNCIL 19G H.W. REAGAN P.O. BOX 10493 78410 BLD Ft 24, 25, 26, 27,28, BLD 0, 29, 30, 31, 32 BID Et 1, 2. 3, 4 BLD D, 5, c, 7, E RIVER HILL TOWNHCUSE 55.0710 PERCENT GCE 17.65 L.F.C.G.0 -0 L.F.C.G.E 88.25 S.F. S/W - 0- S.F. S/W -0- S.F. c/« -0- S.F. C/W PVMT. -J- PVMT. -0- 1.00 - u- -i - * 263.12 L.F.C.G.S PVMT. -0- -0- L.F.C.G.E PVMT. -0- 1,315.60 S.F. S/W -0- S.F. S/W -0- S.F. D/W -0- -0- S.F. D/W -3- 1.00 20 FIRST BAPTIST CHURCH 13505 LEOPARD 78410 LOTS 7? 8, 9 E I0, SLK 19 CALALLEN TCnNSITE R-1B/SP CHURCH *EXISTING C E G *REDUCED BY COUNCIL 1 TOMAS G. TIMOTEA M. GOMEZ 13521 LEOPARD 78410 LOTS 11 E 12, BLK 19 CALALLEN TC.NSITE R -1B, RES UNIT *EXISTIN 0 E G *REDUCED BY COUNCIL 22 B JAMES WILLIAM NOAKES BEOKIE LYNN CALK 13601 LEOPARD 73410 LOTS 6, 7 i 8? GLK 25 CALALLEN TCWNSITES R-18 *EXISTING C & G *REDUCED BY COUNCIL 220.00 L.F.C.G.& PVMT. -0- L.F.C.G.E PVMT. 942.80 S.F. S/W -0- S.F. S/W 204.42 S.F. C/W 1-25TC - 0- S.F. D/W 100.00 L.F.C.G.E -0- L.F.C.G.E 500.00 S.F. S/W -0- S.F. S/W - 0- S.F. C/W -0- S.F. D/W - 0- -0- 1.00 2.76 - 0- PVMT. -0- PVMT. -0- 1.00 MIDDLE LANE INTERSECTS • 90.00 L.F.C.G.L -0 L.F.C.G.E 450.00 S.F. S/W - 0- S.F. S/W -0- S.F. C/W - 0- S.F. 0/w -0- PVMT. -{- PVMT. -4- .50 -1- -0- 88.25 - 0- -0- 11315.60 -0- -0- - 0- 88.25 t t 500.00 - 0- -0- -0- - 0- -0- 225.00 ( 500.00 (. 225.00 L e FEBRUARY 2, 1988 ITEM NO. OWNER AND PROPERTY DESCRIPTION QUANTITY ASSESSED DESCRIPTION OF ASSESSMENT PAG RATE AMOUNT TOTAL AMOUNT 1, ASSESSED 23 JAMES E RENE BATEMAN 5113 AVE E 78410 LOTS 9, 10, BLK 20 CALALLEN TCWNSITE R-18, LCT 17 NC ASSESS. #EXISTING C E G *REDUCED BY CCUNCIL 24 W.M. MAGEE BOX 10022 78412 LOT 18A, BLK 20 CALALLEN TCWNSITE R-18, RES. BACK *DOES NOT ABUT 25 CONSTANT V. BOWERS 5202 AVE. A 78410 LOTS 1, 2, 6 E ALLEY BLK 27 CALALLEN TCWNSITE 8-4 ¢EXISTING C & G *REDUCED BY CCUNCIL 26 DANIEL B. COWAN 5218 GRIFFITH 78410 LOTS 7 THRU 10, BLK 27 CALALLEN TCWNSITE 8-4 #EXISTING C & G *REDUCED BY CCUNCIL 27 J.R. MCCONNELL 777 PCST OAK RD. HOUSTON, TX 77056 LOTS 1 E 2, BLK 28 CALALLEN TCWNSITE 8-4 *EXISTING C E , *REDUCED BY CCUNCIL 50.00 L.F.C.G.E PVMT. -0- L.F.C.G.E PVMT. 250.00 S.F. S/W -0- S.F. S/W - S.F. D/W -' - S.F. D/W 90.00 L.F•C.G.E PVMT. -0- L.F.C.G.E PVMT. - 0- S.F. S/W - 0- S.F. S/W -0-S.F. D/W -0- _- S.F. D/W MOUNTAIN TRAIL * 184.81 -0- 909.20 L.F.C.G.E L.F.C.G.E S.F. S/W S.F. S/W S.F. D/W S.F. D/W PVMT. PVMT. .50 0- - n- -0- -0- -0- -0- 1.00 - 0- 120.00 L.F.C.G.E PVMT. -0- -0- L.F.C.G.& PVMT. -0- 382.30 S.F. S/W -0- S.F. S/W -0- 286.92 S.F. D/W 1-40TC -0- S.F. D/W 1.0'0 2.76 56.31 L.F.C.G.E PVMT. -0- -0- L.F.C.G.E PVMT. -0- 281.55 s.F. S/W - 0- S.F. S/W -0- S.F. D/W -0- S.F. D/W 1.00 - 0- -0- 125.00 - 0- -0— ( 125.00 ( ( - 0- - 0- 382.80 791.90 - 0- -0- 281.55 - 0- - 0- 909.20 C 1,174.70 281.55 L. FEBRUARY 2/ 1988 PAGE 9 DESCRIPTION TOTAL ( 'ITEM OWNER AND QUANTITY OF AMOUNT • NC. PROPERTY DESCRIPTION ASSESSED ASSESSMENT RATE AMOUNT ASSESSED HI (, 26 J.R. MCCONNELL 385.94 L.F.C.G.E PVMT. -0- ( 777 POST OAX RD. -0- L.F.C.G.E PVMT. -0- HOUSTON. TX 77056 1/929.70 S.F. S/W O LOT 24/ BLK 28 E -0- S.F. S/W -0- LOTS 1 THRU 51 BLK 29 -G- S.F. D/W -0- CALALLENTCWNS1TE-0- S.F. C/W 8-4 *REDUCED BY COUNCIL 1.00 - 29 J. ,MILTON DUNN E MARILYN B. DUNN 311 FREILING SAN ANTCNIC. TX 78213 5.835AC OUT OF TR. 40 G. FARIAS GRANT B-4 *REDUCED BY COUNCIL 0 CITY CF CORPUS CUNNINGHAM PLANT 133.40 L.F.C.G.E PVMT. - 0- L.F.C.G.E PVMT. 667.00 S.F. S/W - S.F. S/W - 0- S.F. D/W -0- S.F. D/W RIPPLE ROAD 1.00 -0- - 0- 264.00 L.F.C.G.E PVMT. -+)- - 0- L.F.C.G.E PYMT. -0- -0- S.F. S/W -0- -0- S.F. S/W -0- S.F. D/W -0- S.F. D/W END WEST FRONTAGE END 5 PCINTS RD. SOUTH FRCNTAGE ROAD 5 POINTS RCAD BGIN STA. 750 PLUS 00 -0- - 0- -0- 31 DIOCESE OF CORPUS CHRISTI 1,448.84 L.F.C.G.E PYMT. 4.86 620 LIPAN 78401 L.F.C.G.E PYMT. -0- 3.77AC TRACT A E 7,244.20 S.F. S/W 1.00 3.77 AC TRACT 8 -U- S.F. S/W -G- MAGE TRACT ANNEX -3- S.F. !:/W -v- R-18 MISSIONARY SISTERS -0- S.F. D/W -0- - 0- 1 ,929.70 -0- -0- 667+00 - 0- -0- - 0- - 0- -0- -0- - 0- - 0- 7/041.36 -0- 7/244.20 -0- -0- - 0- 1,929.70 667.00 .00 14,285.56 t L C L FEBRUARY 2, 1968 PAGE 10 DESCRIPTION TOTAL ITEM OWNER AND QUANTITY GF AMOUNT NC. PROPERTY DESCRIPTION ASSESSED ASSESSMENT RATE AMOUNT ASSESSED M 32 EPISCOPAL CHURCH CORP. CF WEST TEXAS P.O. BOX 6885 ------- -------- SAN ANTCNIC, TX 78209 LOTS C-1, £ C-2 tAGEE TRACT ANNEX R -1B, ST. THOMAS CH. 33 AMERICAN DRILLING £ EXPLCRATION C/0 JAMES R. ELTZRCTH P.O. BOX 7368 78415 3.47 AC OUT OF TR 29 G. FARIAS GRANT R -1B 516.36 L.F.C.G.£ PVMT. 4.86 -0- L.F•C.G.s PVMT. -0- 2,531.80 S.F. S/W 1.00 -0- S.F. S/W -0- - 0- S.F. D/W -0- -0- S.F. 0/W -0- 2,509.51 -0- 2,531.80 -^- - 0- 5,041.31 ( 274.52 L.F.C.G.£ PVMT. 4.86 1,334.17 -0- L.F.C.G.£ PVMT. -C- -3- 1,372.60 S.F. S/W 1.00 1,372.60 -0- J.F. S/W -0- -0- ---0- S.F. D/W -0- -0- S.F. C/W -0- -d- X34 AMERICAN DRILLING C 365.58 L.F.C.G.£ PVMT. 4.66 _1,776.72 �'�� EXPLCRATION -0- L.F.C.G.£ PVMT. -0- -0- !,1C/0 JAMES R. ELTZROTH 1,827.90 S.F. S/W 1.00 1,827.90 P.O. BOX 7368 78415 -0- S.F. S/W -0- -0- LOT D TRACT 2 -0- S.F. D/W -0- -0- IL MAGEE TRACT ANNEX 8-4 ii 35 AMERICAN DRILLING EXPLCRATIQN CO. C/0 JAMES R. ELTZRCTH P.O. BOX 7368 78415 LOT D, TRACT 1 MCGEE TRACT ANNEX B-4 36 EDWARD H. FREDERICK 400 CORAL PL 78411 9.497 AC OUT OF TR 31 MCGEE LAND G. FARIAS GRANT 6-4 4=453.74 L.F. S/W -0- S.F. C/W -0- -0- 299.69 L.F.C.G.£ PVMT. -0- L.F.C.G.£ PVMT. 1,498.45 S.F. S/W S.F. S/W - 0- S.F. D/W -d- S.F. D/W 1.00 -0- 1,456.49 -0- 1 ,498.45 - 0- - 0- -0- 253.71 L.F.C.G.£ PVMT. 4.86 1,233.03 -0- L.F.C.G.£ PVMT. -S- - -0- *1,268.55 S.F. S/W 1.00 1,268.55 -J- S.F. S/W -0- -0- -0- S.F. L/W -0- -0- - 0- S.F. D/W -0- -0- L e 2,954.94 (, e 2,501.58 FEBRUARY 29 1988 PAGE 11 DESCRIPTION TOTAL -ITEM GfNER AND QUANTITY OF AMOUNT NC. PROPERTY DESCRIPTION ASSESSED ASSESSMENT RATE AMOUNT__ _.ASSESSED c c c 1 1 ND SOUTH FRONTAGE END 5 POINTS RD. END PROJECT TOTAL ASSESSMENTS B99569.45 f C c. 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: November 17, 1987, 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 205RP118.ord 5 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 eight percent (8%) 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: November 17, 1987, and shall provide in effect that if default 205RP118.ord 6 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 205RP118.ord 7 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 at three regular meetings so that this ordinance is passed and shall e effect upon first reading as an emergency measure this the as day of 192g ATTEST: City Secretary APPROVED: /2i DAY OF /yl,9gct/ HAL GEORGE, CITY ATTORNEY By Assistant City torney) M OR THE CITY OF CORPUS CHRISTI, TEXAS , 195 205RP118.ord 8 Corpus Christi, Texas day of (.1 d , 198Y 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 The above ordinance was Betty N. Turner David Berlanga, Sr. Leo Guerrero Clif Moss Bill Pruet Mary Rhodes Frank Schwing, Jr. Mary Pat Slavik Linda Strong 99.045.01 MOR THE CITY OF CORPUS CHRISTI, TEXAS passed by the following vote: CLCua¢ tut 20250