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Home My WebLink About021333 ORD - 02/11/1992AN ORDINANCE CLOSING THE HEARING ON STREET IMPROVEMENTS ON THE FOLLOWING STREETS; CORONA/WILLIAMS CONNECTION CORONA DRIVE FROM EVERHART ROAD TO WILLIAMS DRIVE AND WILLIAMS DRIVE FROM EVERHART ROAD TO CORONA DRIVE. FIXING A LIEN AND CHARGE AND ADOPTING AN ASSESSMENT ROLL, AS AMENDED; AND DECLARING AN EMERGENCY. WHEREAS, the City Council of Corpus Christi, Texas, by duly enacted ordinance passed and approved on the 7th day of January, 1992, determined the necessity for, and ordered the improvement of the following streets: Corona/Williams Connection: Corona Drive from Everhart Road to Williams Drive and Williams Drive from Everhart Road to Corona Drive. hereinafter collectively referred to as "Streets." in the manner and according to the plans and specifications heretofore approved and adopted by the City Council by ordinance dated January 7, 1992, 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 Streets 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 January 7, 1992, did determine the necessity of levying an assessment for that portion of the cost of constructing said improvements on the above named Streets, to be paid by the abutting property and the real and true owners thereof, and by ordinance dated January 7, 1992, did order and set a hearing to be held during a meeting of the City Council of the City of Corpus Christi on February 11, 1992, in the Council Chambers, City Hall, 1201 Leopard Street, in the City of Corpus Christi, Texas, for the real and true owners of the property abutting upon said Streets, 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 AG5000.096.kp 1 021333 *IGBQf1LMk , 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 Caller -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 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 of the City of Corpus Christi in the Council Chambers, City Hall, 1201 Leopard Street, this 1 lth day of February, 1992, 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 testimony was received from those appearing; and WHEREAS, no further parties appearing and no further testimony being offered as to the special benefits in relation to the enhanced value of said abutting property as compared to cost of the improvements of said portion of said Streets proposed to be assessed against said property, or as to any errors, invalidities or irregularities, in the proceeding or contract heretofore had in reference to the portions of said Streets to be improved; and WHEREAS, said City Council has heard evidence as to the special benefits and enhanced value to accrue to said abutting property, and the real and true owner or owners thereof, as compared with the cost of making said improvements on said Streets, 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 will be enhanced in value and specially benefitted by the construction of said improvements upon the said Streets upon which said improvements are 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 AG5000.096.kp 2 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, 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, and to all persons, firms, corporations and estates, owning or claiming same or any interest therein, be and the same is hereby closed and all protests and objections, whether specifically mentioned or not, shall be, and the same are hereby overruled and denied. SECTION 2. That said City Council hereby finds and determines upon the evidence heard in reference to each and every parcel or property abutting upon the aforesaid Streets, that the special benefits in the enhanced value to accrue to said property and the real and true owner or owners thereof, by virtue of 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 AG5000.096.kp 3 reference to 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: AG5000.096.kp 4 Minutes Regular Council Meeting February 11, 1992 Page 9 Motion authorizing the acquisition of 89.72 acres of property along Oso Creek donated by the Botanical Society. The foregoing motion passed by the following vote: Rhodes, Galindo, Guerrero, Longoria, McComb, McNichols, Moss and Slavik voting, "Aye"; Martin abstaining. 13. M92-034 Motion authorizing the acquisition of 184.59 acres for park land located adjacent to South Staples Street and south of Oso Creek for $448,600 as funded by the Park Bond Fund and a grant from the Texas Parks and Wildlife Department. The foregoing motion passed by the following vote: Rhodes, Galindo, Guerrero, Longoria, McComb, McNichols, Moss and Slavik voting, "Aye"; Martin abstaining. 14. FIRST READING AUTHORIZING THE EXECUTION OF A SIXTY -YEAR USE AGREEMENT WITH THE CORPUS CHRISTI BOTANICAL SOCIETY FOR THE USE OF 180.85 ACRES OF PARK LAND ADJACENT TO OSO CREEK AS A BOTANICAL GARDEN; AND PROVIDING FOR PUBLICATION. The foregoing ordinance passed on first reading by the following vote: Rhodes, Guerrero, Longoria, McComb, McNichols, Moss and Slavik voting, "Aye"; Galindo voting, "No"; Martin abstaining. Council Member McNichols informed staff that a mound of construction materials has been discarded near the proposed area, and Deputy City Manager Garza stated that the City or County would take care of that matter. : s s s s s s• s s s a x Mayor Rhodes opened the public hearing on assessments for street improvements in connection with the Corona Drive Extension from Everhart Road to Williams Drive and to Williams Drive from Everhart Road to Corona Drive Extension and indicating assessments in the amount of $73,063.90 on 22 items. Carl Crull, Director of Engineering Services, stated that he had submitted a sworn statement concerning the project particulars, and Council Member McComb expressed concern that the sworn statement signed by the Engineering Services Director was signed by someone else. Mr. Jesus Garcia, a real estate appraiser, discussed his qualifications and stated that he is familiar with the project and the improvements. He stated that he has examined the assessment roll and each parcel therein. Mr. Garcia stated that he believes that the properties assessed in this street improvement will be enhanced in value by these improvements to at least the amount of the assessment. Minutes Regular Council Meeting February 11, 1992 Page 10 Mr. Jack Graham, President of the Board of Realtors, stated that they have an appraiser's opinion by Mr. Thomas Goade that was used in negotiations with the City and was accepted as creditable. He presented a letter from the appraiser in regard to the enhancement and requested that the assessment be $1,756.66. Mr. Crull indicated that as part of the acquisition of that property, the Council agreed to set a cap on the assessments on Corona Drive side at $20,000, and the assessments on the Williams Drive side would be at the commercial rate. He stated that there was some negotiation and talk about the assessment during the acquisition process and he commented on what was agreed to in the sales contract. Mr. Graham stated that the property sale was agreed to but not the amount of the assessment. He indicated that what was agreed upon was the $20,000 cap. Council Member McNichols expressed concern that the assessments did not benefit the individual property owner involved in this process even though he was compensated for his land. He indicated that he would modify the assessments for each of the property owners who are involved on the curve. Mr. Crull discussed the improvements and stated that they will make the roadway system in that area more efficient. He noted that there will be more traffic in that area. Following a discussion, Council Member Martin commented about the proposal from the Board of Realtors. He expressed the opinion that the $20,000 was part of the acquisition package and the price the City paid for the property. He expressed concern that they would try to change that. Mr. John Brooks, an attorney representing the Board of Realtors, stated that they were not privy to what was discussed in closed session. He stated that they did not accept $20,000 but agreed to that as a cap. Council Member Martin moved to close the public hearing; seconded by Council Member Galindo and passed unanimously. Deputy City Manager Jesus Garza stated that the board knew that the City was going to use the commercial assessment rate. He stated that staff stands by their recommendation. City Secretary Chapa polled the Council for their votes and the following ordinance was passed: 15. ORDINANCE NO. 021333 CLOSING THE HEARING ON STREET IMPROVEMENTS ON THE FOLLOWING STREETS: CORONA/WILLIAMS CONNECTION - CORONA DRIVE FROM EVERHART ROAD TO WILLIAMS DRIVE AND WILLIAMS DRIVE FROM EVERHART ROAD TO CORONA DRIVE. Minutes Regular Council Meeting February 11, 1992 Page 11 An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, Moss and Slavik voting, "Aye"; McNichols voting, "No." M92-035 Awarding a contract in the amount of $578,222.70 to Haas Paving Company to extend Corona Drive to Williams Drive. The foregoing motion passed by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, Moss and Slavik voting, "Aye"; McNichols voting, "No." The Council went into closed session pursuant to Article 6252-17, Section 2(g), V.A.C.S., regarding the evaluation of the City Manager and City Secretary. Mayor Rhodes reconvened the Council Meeting and called for the City Manager's report, and City Manager Garza provided a water update. Mayor Rhodes updated the Council on her recent meeting with the Texas Municipal League. Mayor Rhodes called for Council liaison reports. Council Member Martin commented in regard to the time schedule and process taking place on the brine discharges and a discussion followed on this subject. Council Member McNichols requested an update on the old Courthouse, and City Manager Garza stated that he will provide that to the Council. Dr. McNichols referred to a letter from Southwest Airlines and inquired about instituting a passenger facility charge, and City Manager Garza stated that the City will consider that and it will be presented to the Airport Advisory Committee. Council Member Slavik requested a copy of the contract with the Convention and Visitors Bureau regarding the lease agreement for the Lady Lex, and City Manager Garza stated that the contract will be brought to the Council next week. Mrs. Slavik raised questions about the State of Texas Purchasing Program, and City Manager Garza commented on the program and stated that the City is involved in the program. Council Member McComb inquired about the responsibility for the maintenance of the street near the railroad tracks at Holly and Staples, and City Manager Garza stated he will follow up on this matter. I. DECEMBER 20,1991 (456) it ITEM 12 NC. PAGE 1 OWNER AND PROPERTY DESCRIPTION DESCRIPTION QUANTITY OF ASSESSED ASSESSMENT RATE AMOUNT TOTAL AMOUNT ASSESSED 4- ASSESSMENT ROLL LiPf STREET IMPROVEMENTS II, r1;! BEGINNING AT EVERHART STA. 1+49 NORTH SIDE is - E 19 1 WALMART PROPERTIES♦ INC. 59.00 L.F.C.G.& PVMT. 19.30 1,150.50 C/O MR. FRED BUNCH a 198.00 L.F.C.G.& PVMT. 99.41 19,083.18 702 S.W. 8TH STREET *1494 295.00 S.F. S/W 1.00 295.00 ^9 BENTONVILLE* AR 72716 * 565.00 S.F. S/W 1.64 926.60 tib a MDORE PLAZA *1,152.26 S.F. D/W 2-35 3.13 3.606.57 71* 21• BLOCK 1, LOT 4 -0- S.F. D/W -0- -0- *CORONA SIDE �y ae 198.00 OTHER LF- 2.00 396.00 26,057.85 **TOTAL COST 101.41_ �P�..,, 2 CITY OF CORPUS CHRISTI 335.22 L.F•C.G.E PVMT• -0- -0- ��I GARDENDALE UNIT 3 -0- L.F.C.G.& PVMT. -0- -0- ho P. 13° BLOCK 14 1,676.10 S.F. S/W PORTIONS OF LOTS 6. 7* -0- S.F. S/W -0- -0- _. 8, 9 t 10 -0- S.F. D/W -0- -0-14 3a )' -0- S.F. D/W -0- -0- .OG 34 5 AS 74 3 W. RAY WARE 62.52 L.F.C.G.G PVMT. 9.75 609.57 -_ 4838 WILLIAMS -0- L.F.C.G.L PVMT. -0- -0- 4E., 39 C.C.* TX 78411 251.38 S.F. S/W .95 238.81 A9 GARDENDALE UNIT 3 -O- S.F. S/W -O- -0- s BLOCK 14. LOT 11 94.19 S.F. DJ W 1-10 3.13 294.81 LI a2 *5 CENTS SWIG. CREDIT -0- 5.f. D/W -0- -0- .i 1,143.19 's. A3 'I51 4fil AB 491 40 51 4 GARDENDALE PROPERTIES P.O. BOX 30694 C.C.* TX 78404 GARDENDALE UNIT 3 BLOCK 14* LOT 12 *5 CENTS SWI( CREDIT 60.89 L.F.C.G.& PVMT. -0- L.F.C.G.0 PVMT. 243.23 S.F. S/W -0- S.F. S/W 89.19 S.F. 0/W 1-10 3.13 -0- S.F. D/W -O- 9.75 -0- .95 593.66 - 0- 231.07 - 0- 279.16 -0- 1,103.914 521 33 34 4ti 551 5e. ':I DECEMBER 20,1991 (456) PAGE 2 ITEM NO.- PROPERT.Y.:DESCRIPTIDN DESCRIPTION QUANTITY OF ASSESSED ASSESSMENT 4 5 6 7 8 9 3 5 6 7 e 5 GARDENDALE.PROPERTIES P.O. BOX 30694 .C.C.` TX. 711404:" '60.09 L.f.C.6.4 PVMT. — 0—--L.F.C.64.6:111141Tw 239.01 S.F. S/11 " .75 .585.88 0— —0— x95 '-`.227.06 10 2 10 11 12 GARDENDALE UNIT 3 BLOCK 14, LOT 13 45 CENTS SWK CREDIT —0— S.F. S/N 95.19 S.F. D/N 1-12 —0— S.F. D/M — 0- 3.13 — 0— —o- 297.94 —0- 13 14 :5 I6 13 t. 15 16 17 18 19 -4 21 22 23 24 25 26 27 26 29 30 6 GARDENDALE PROPERTIES P.O. BOX 30694 C.C., TX 78404 60.00 L.F.C.6.L PYMT. 9.75 • —0— L.F.C.G.& PVMT. —0- 237.78 S.F. 5/N .95 585.00 —0- 225.89 Fe 19 420 21 32 23 24 iARDENDALE UNIT BLOCK -14• LOT44 . �5 CENTS-SNK.CREDIT' 73.30 S.F. D11M 1r141. - —0— S.F. D/M -0- 229.43 29 26 n 19 1,040.32 7. T.D. BONEN: P.O. 8OX.655 C.C.y. TEXAS 1184 32.00 L.F.C.6.C.1!YNT«. —0- t.F.Cs64.0-M MT+ - 160.00 S.F. S/K- 312.00 '.495 .::.::..152.00. 29 3C 31 32 33 3. 35 36 GARDENDALE UNIT 3 BLOCK 14, LOT 15 45 CENTS SIM CREDIT —0— S.F. S/M — 0— S.F. D/9 — 0— S.F. D/N —0- -0- -0— - 0- -0- 31 32 33 34 36 36 37 38 39 40 END NORTH SIDE STA. 9+85 41 42 43 44 45 46 47 45 491 501 51 BEGINNING SO."SI CORONA/MILLIANS'. IiY(« STATION 6415 3r 35 39 40 41 42 43 44 45 46 447 7e 46 50 53 53 54 55 66 8 CITY OF CORPUS CHRISTI. 150.59 11...F.C.6:[ flfl_> GARDENDALE 'UNIT 3 -0- L.f.C.6.4 PVMT: BLOCK 144 L07S 7-9 752.95 S.F• Shia -0-' ' se 60 — 0— S.F. S/M —0— S.F. D/N —0— S.F. D/W —0— —0— —0— —0— —0— — 0— 61 62 63 54 65 66 67 66 52 53 54 55 56 9 70 , 12 73 l4 75 ( l 4 4 4 4 4 4 4 A 4 4 1 4 4 4 4 4 DECEMBER 20,1991 (45G) PAGE 7 3 4 5 6 ITEM NO.•: OWNER AND PROPERTY DESCRIPTION QUANTITY ASSESSED DESCRIPTIONAIN• ASSESSMENT 1� 4 7 4 l 6 9 10 „ 12 13 14 15 9 C.C. BOARD OF REALTORS P+0. BOX 8060 C.C. TEXAS 78412 GARDENDALE UNIT 3 BLOCK 14, LOTS 1-6 CORCNA SOUTH SIDE MAX. FEE 20,000 - SOTOTAL COST 101.41. 305.02 L.F.C.G.B.PVMT« 99.41'_ —0— 1,338.42-S.F.-S/W, —0— S.F. S/W —0- 224.38 S.F. D/N 1-35 3.13 —0— S.F. D/W —0- 305002 OTHER LF € 22.04 ,195.01 —0- 702.31 9 ,0 2 13 44 6 610.04 7 6 9 4 20 16 17 18 BEGINNING N. SIDE NMS. STA. 1+37 21 222 63 , 54 19 20 21 -END CORONA STA. 29 9 30 31 22 23 24 25 26 27 26 29 30 10 C.C. BOARD OF REALTORS P.O. BOX 8060 C.C., TEXAS 78412 ,GARDENDALE UNIT 3 :- • BLK 14, LOTS 3, 4, 5, 4 6 • ;ASCENTS SIM CREDIT WILLIAMS NCRTH SIDE 180.00 L.F.C.G.6 PVT. 19.50 —0— L.F.C.G.K PVMT. —0- 635.00 S.F. S/W .95 —0— G.F. SAP- -345.01 345.01 S.F.--D/S 5.-320;` -0- S.F. DIN 3,510.00 —0- 603.25 32 ,079.88 —0- 5,193.13 33 3534 1 36 37 36 39{ 40 3, 32 33 11. 34 35 36 37 -CITY OF CORPUS CHRISTI GARDENDALE UNIT 3 BLOCK 14 LOTS 7-9 143.80 L.F•C —0— L.F.C.i"r.K'= PWMT, 575.20 S.F. 5/W —0— S.F. 5/W —0— S.F. D/W —0— S.F...D/Y 36 39 40 -0- -o- -0— -0- -0- 41 42 43 s .6 ) 41 42 43 44 45 END NORTH SIDE WILLIAMS BEGIN S0. SIDE MMS. STA. 1+37"7 52 53 5554 ( 56 56 59 1 60 4 47 46 . 50 31 12 SARAH C. GRAHAM 5302 EVERHART C.C.• TEXAS 78411 GARDENDALE UNIT 2. BUNK 1, 101 1 E 2 41.00 L.F.C.G.S PVMT. 19.50 —0— L.F.C.G.L PVMT. —0- 44.00 S.F. S/W 1.00 —0— S.F.-S/i►a,. 1s ;a< "482.51 S:.F.D/Wa 1-30 `f —0— S.F.• -i/W 799.50 —0- 44.00 -0— , *510.26 -0- 61 _2 63 64 5 66 6] 5 66 52 53 51 2,353.76 71 70 72 55 1 y56 3 75]4 4 2 3 4 6 7 0 9 10 I1 I2 DECEMBER 20,1991 (456) ITEM NO.. 13 47184ER AND PROPERTY DESCRIPTION RAFAEL T. MENA 4813:WILLIAMS.. C.C. TX. 78411 6ARDENDALE UNIT 2 BLOCK 1, LOT 3 ELIDA QUANTITY ASSESSED PAGE 66.00 L.F.C.. -0 L.F.C.6.. 243.75 S.F. -0- S.F. S/W 173.45 S.F. D/W 1-10 -0- S.F. D/W - 0- 3.13 -0- 643.50 43.75 -0- 542.90 -0- TOTAL ASSESSED 4 4 3 4 5 5 16 1 i1 12 13 14 15 16 13 I4 15 16 17 16 19 20 z2 23 24 5 27 25 Z9 30 31 32 33 34 35 36 37 30 39 14 EUSEBIO R. AMBRI2 4817 WILLIAMS C.C., TEXAS 78411 SARDENDALE.UNIT Z: :BLOCK. 1, LOT 4 " 15 MIQUEL LUNA A.O. BOX 749 C.C.r TEXAS 18413F 6ARDENDALE UNIT 2 BLOCK 1, LOT 5 16 A.B. MCCAUGHAN 4825 WILLIAMS C.C. TEXAS 78411 '6ARDENDALE UNIT 2. BLOCK 1, LOr6. 66.00 L.F.C.G.E PVMT. - 0- L.F.C.6.t PVMT. 219.75 S.F. S/11 -0- S.Ft S/ii ,a 173.45 S.F.• D/S -0- S.F.: 114/14 9.75 -0- 1.00 66.00 L.F.C.Gw-.E PVMT - • 211.75 S.F. S/i6 -0- S.F. S/W 204.45 S.F. D/W 1-12 3.13 -0- S.F. D/11 -0- 40 .1 42 43 44 45 46 47 46 11 'ROBERT R. MITCHELL - 4831: ITCHELL4831 WILLIAMS-- C.C.: TEXAS78411 6ARDENDALE UNIT 2 BLOCK 1, LOT 7 - 0- 643.50 - 0- 219.75 542.410 643.50 211.75 -0- 639.93 -0- 66.00 L.F.C.6.E PINT. -O- L.F.C.G.0 PVMT. 211.75 S.F. S/W -0- ' '- S.F.•. S/W . 204.45 Strip, 11/01,,t -0- - S.F'«. D/W 9.75 -0- ;.00 75.00 L.F.C.6... P -0- t.f.C.6.0=p 252.00 -0- S.F. S/W 204.45 S.F. D/W 3-12 - 0- S.F. ply 9 -0- 3.13 - 0- 643.50 -0- 211.75 7 15 \9 20 21 F 22 t 24 25 :26 ;.274 1,406.15 _o ( 32 33 34 35 37 38 34 4 40 5,495 49 Tz 639.93 731.25 25.00 -0- 639.93 - 0- 4 45 46 ,,7 45 1{9 60 51 1,495.18 ea 55 4 S6 57 _6 59 60 61 =2 63 64 1,623+.18: 2 1 X6741 66 64 70 71 12 4 73 • 74 ."7& 4 5 4 DECEMBER 20,1991 (450 2 ITEM. 3 NC. 4 6 7 8 9 10 12 1YtQUANTITY RIPTIOM .ASSESSED DE fl Assessiwast PAGE 5 TOTAL R3M1EA9T (MT ASSESSE J.J. TALAMANTES 4833 WILLIAMS C.C.pTEXAS 78411. GARDENDALE UNIT 2 BLOCK 1, LOT 8 66.00 L.F.Cepa:, MAT..' , 9 - 0- L.F.C.6.tPYMT.:: 264.34 S.F. S/U -0- S.F• S/W -0- 302.80 S.F• 0/14 1-10 3.13 - 0- S.F• D/W -0- 643.50 0-' 264.34 - 0- 947.76 - 0- 13 14 15 16 17 18 19 2 2, 22 23 24 25 26 27 26 29 3, 32 33 34 35 36 37 36 39 40 41 42 43 44 '5 46 47 46 49 50 5, 52 53 54 56 56 19 J.J. TALAMANTES 4833 WILLIAMS C.C., TEXAS 78411 GARDENDALE UNIT; 2 BLOCK. 1, LOT" 9. ' 1,855.60 66.00 L.F•C.G•L PVMT. 9.75 -0- L. F.C.G.L PVMT. -0-. 264.32 S.F. S/W 1.00 -0- S.F. SIM 244.45 S.F.< Mt - 0- S.F. 20 SERGIO OS:CARILLO,:JR. 4901 WILLIAMS. C.C.* TEXAS 18411 GARDENDALE UNIT 2 BLOCK 1, LOT 10 21 JESUS M. CAVAZOS 4905 WILLIAMS C.C. TEXAS 78411 GARDENDALE UNIT 2 suck 11 Lai 11 22 MARIO A. COLMENERO 4909 WILLIAMS C.C.f'TEXAS. 78411 GARDENDALE UNIT 2 BLOCK 1, LOT 12 643.50 - 0- 264.32 765.13 66.00 L.F.C.6.4.PV. -0- L.F•C.G.t P 186.56 S.F., S/i1 -0- S.F. 5/W 139.45 S.F. D/W 1-10 96.41 S.F. D/W 1-12 , 643.50 1,672.95 0 -0- 3.13 3.13 286.56 - 0- 436.48 301.76 1 66.00 L.F.C.Get PM. -0- L.F•C.G.L PVPIT. 262.78 S.F. 5/W 73.30 S.F. D4O,p.10- 9.75 . 10 9.75 -0- 1.00 51.00 L.F.C.6.[°;.PVKT..:'a -0- L.F.CeLvL: Pa 187.78 S. -0- S.F. S/W 73.30 S.F• D/W 1-10 - 0- S.F. D/W 643.50 -o- 262.78 ▪ 229.43 97.25 1,135.71 -0- 3.13 -0- 229.43 - 0- v t 4 4 4 4 4 4 4 1 ( 4 4 4 4 4 4 4 1 3 I DECEMBER 20,1991 (456) PAGE •DES =ITEM OWNER AND QUANTITY 7 N0.- PROPERTY, DESCRIPTION ASSESSED ASS 6 ATE TOTAL AMOUNT ASSESSED STA. 9+85. END OF PROJECT 4 7 T 5 7 6 9 0 ( 11 13 10 11 12 3 14 19( 6 13 14 15 16 17 16 TOTAL ASSESSMENTS *** 86,893.30 - 33, BV1 ,4C 53,e.3. qo + Z.O,000.00 10 19 2c 21 23 ( 24 19 20 21 22 23 26 is -13,01.3 .1 26 27 29 ]0 25 26 27 28 29 30 31 94 35 6 36 60 32 33 34 35 36 6 •2 b •5 66 37 35 39 40 41 42 43 44 65 46 47 46 69 50 51 52 53 54 i ( ( ( 50 ( 51 52 53 6t 65 56 59 0 61 64 67 70 71 55 56 3 7a 75 ( t 4 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 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. SECTION 5. That the several sums mentioned above in Section 3 hereof assessed against said parcels of property abutting on the aforesaid Streets, 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, together with all costs and expenses of collection including reasonable attorney's fees, 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: January 7, 1992, 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: All in cash within 30 days after completion or acceptance by City; or 2. Payments to be made in maximum of 120 equal installments, the first of which shall be paid within 30 days after the completion of said improvement, and the acceptance thereof by the City, and the balance to be paid in 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 AGS000.096.kp 5 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 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 and such mistake, or error, invalidity or irregularity in such assessment 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 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 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 7. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need for immediate action necessary for efficient administration of City affairs by the closing of such hearing on public street improvements, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances at three regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure this the day of , 1992. City Secretary MAYO THE CITY • C PUS CHRISTI APPROVED: 7TH DAY OF FEBRUARY, 1992 JAMES R -BRAY JR., CITY ATTORNEY By ,� Assistant City Attorney AG5000.096.kp 6 Corpus Christi, Texas day of ,,, kviati !1( , 19 a� TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at three regular meetings; I/we, therefore, request that you suspend said Charter rule and pass this ordinance 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 The above ordinance was passed by the following vote: Mary Rhodes Cezar Galindo Leo Guerrero Betty Jean Longoria Edward A. Martin Joe McComb Dr. David McNichols Clif Moss Mary Pat Slavik 045 021333