HomeMy WebLinkAbout05959 ORD - 11/09/1960AN ORDINANCE
APPROVING AND ADOPTING TIM DIRECTOR OF PUBLIC WORKS'
WRITTEN STATEMENT AND REPORT OF THE ESPIMATES OF THE
VARIOUS COSTS FOR TIM IMPROVEMENT OF A PORTION OF RAMSEY
STREET FROM ARCADIA VILLAGE SUBDIVISION TO HOPNE ROAD,
HORNE ROAD FROM RAMSEY STREET TO NAPLES STREET AND HOUSTON
STREET FROM RAMSEY STREET TO CLARK DRIVE , AND THE STATE -
IvLNTS OF THE NXTES OF THE APPARENT OWNERS, DESCRIPTIONS AND
NU,MER OF FRONT FEET OF ABUTTING PROPERTY ON SAID STREETS
WITHIN SAID LIMITS; DETERMINING AND FIXING THE PORTION OF
SAID COSTS, AND THE RATE THEREOF, TO BE PAID BY AND ASSESSED
AGAINST SAID ABUTTING PROPERTY, AND THE REAL AND TRUE
OWNERS THERFCF, AND THE PORTION THEREOF TO BE PAID BY THE
CITY OF CORPUS CHRISTI, TEXAS; DETERMINING THE NECESSITY OF
LEVYING AN ASSESSMENT AGAINST SAID ABUtPING PROPERTY, AND
THE PEAL AND TRUE OWNERS THEREOF, FOR THE PART OF SAID COST
APPORTIONED THEM; ORDERING AND SETTING A HEARING TO BE HELD
AT 3:00 O'CLOCK P.M. ON THE 30th DAY OF NOVEMBER, 1960, IN
THE COUNCIL CHAMBERS OF THE CITY HALT. IN CORPUS CHRISTI AS
THE TIME AND PLACE FOR FEARING OF THE REAL AND TRUE 07041MhS
OF SAID ABUTTING PROPEbTY, AND ALL OTHERS INTERESTED IN
SAID PROPERTY OR IN SAID PROCEEDINGS CONCERNING SAID ASSESS -
MENTS AND PROCEEDINGS; DIRECTING THE CITY SECRETARY TO GIVE
NOTICE OF SAID BEARING AS REQUIRED BY THE LAWS OF THE STATE
OF TEXAS AND THE CHATTER OF THE CITY OF CORPUS CHILI ST I, TEXAS,
AND FURTHER, DIRECTING SAID CITY SECRETARY IN ADDITION TO THE
CONTENTS OF THIS NOTICE OF SAID HEARING AS REQUIRED BY LAW,
WHICH SHALL BE VALID AND SUFFICIENT IN ITSELF, TOJINCLUDE
THEREIN A LIST OF 'PHE APPA=RENT OWNERS AND DESCRIPTION OF SAID
ABUTTING PROPERTY AS SET OUT IN SAID REPORT OF THE DIREM27, OF
PUBLIC WORKS AND PROVIDING THAT SAID LIST OF APPARENT OWNERS
SHAI,L NOT BE CONCLUSIVE OF SAID 0`14i'ERSHIP AND SHALL NOrl LIMIT
SAID NOTICE TO SUCH ONNERS' NALIES OR THE PROPERTIES DESCRIBED,
AND THE SAID NOTICE MEALY_- NEVERTHELESS BE DIRECTED TO THE REAL
AND TRUE OWNERS OF SAID ABUTTING PROPERTY, WHETHER NAMED OR
COR=RECTLY NAMED OR NOT; AND DECLAtLING AN E11IERGENCY.
WHEREAS, the City Council of the City of Corpus Christi, Texas,
heretofore on the 9th day of November, 1960, by duly enacted ordinance determined
the necessity for and ordered the improvement of the portions of Ramsey Street
from Arcadia Village Subdivision to Horne Road, Horne Road from Ramsey Street
to Naples Street and Houston Street from Ramsey Street to Clark Drive, a duly
executed notice of said ordinance having thereafter been filed in the name of
the City with the County Clerk of Nueces County, Texas; and
'01HE'REAS, pursuant to the ordinance of November 9, 1960, above
mentioned, and after having advertised for and received bids on the construction
of said improvements for the length of time and in the manner and form as required
by the Charter of said City and the laws of the State of Texas, having awarded a
contract for the construction of said improvements to Heldenfels Brothers, on
its lowest and most advantageous bid, and having duly and regularly made
appropriation of funds available for said purpose to cover the estimated cost
to said City of said improvements, all as provided by the Corpus Christi City
Charter and By -laws and the laws of the State of Texas, did execute heretofore
on October 13, 1960, a contract with Heldenfels Brothers, and the Performance
Bond required by said contract having been properly furnished and posted by
said Heldenfels Brothers, and accepted by said City Council as to form and
amount as required by the Charter of the City and the laws of the State of
Texas; and
W=AS, The said City Council has caused the Director of Public
Works to prepare and file estimates of the costs of such improvements and
estimates of the amount per front foot proposed to be assessed against the property
abutting said streets to be improved, and the real and true owners thereof, and
said Director of Public Works has heretofore filed said estimates and a state-
ment of other matters relating thereto with said City Council, and the same having
been received and examined by said City Council; and,
4V1E-RBAS, in accordance with said statement of estimates and other
matters prepared and filed by said Director of Public Works herein approved by
said City Council, the total estimated cost of the whole improvement of Ramsey
Street, Horne Road and Houston Street, within the limits above.defined, is
$71,243.90; the estimated amount per lineal foot to be assessed against each
abutting property, and the real and true owners thereof, for curbs and gutters
on said streets, within the limits above defined, is $1.74 per lineal foot;
the estimated amount per square foot to be assessed against each abutting property,
and the real and true owners thereof, for driveways on said streets within the
limits above defined, is $0,79875 per square foot; the estimated amount per front
foot proposed to be assessed against each abutting property, and the real and
true owners thereof, for construction of said pavement, curbs and e tters.in
place on Ramsey Street, Horne Road and Houston Street, within the limits above
defined, is $8.43938 per front foot; the estimated amount per front foot proposed
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to be assessed against each abbuting property, and the real and true owners
thereof, for construction of said pavement, with existing curbs and gutters on
Ramsey Street, Horne Road and Houston Street, within the limits above defined,
is $6,08976 per front foot; the total estimated amount of the cost of said
improvements- on said streets, within the limits above defined, proposed to be
assessed against the abutting property, and the real and true owners thereof, is
$112948,38; the total estimated amount of the cost of said improvements on said
streets, within the limits above defined, proposed to be paid by the City of
Corpus Christi, Texas, is $59,300.53.
WHEREAS, according to said written statement of said Director of
Public Works the names of the apparent owners of said abutting property and the
number of -front feet owned by each, the description of their property, the
amount proposed to be assessed against each abutting property and the real and
true owners thereof and other matters contained in said statements are as
follows, to -wit:
3-
November 9, 1960
TO: THE 14AYOR AND CITY COUNCIL
FROM: JACK GRAHAM, DIRECTOR OF PUBLIC WORKS.
Herewith are submitted ownership rolls, showing the names of the apparent
property owners abutting property on portions of Ramsey Street from Arcadia
Village Subdivision to Horne Road, Borne Road from Ramsey Street to Naples
Street and Houston Street from Ramsey Street to Clark Drive, showing the number
of front feet owned by each, the description of their property, and the amount
proposed to be assessed against each abutting property and the real and true
owners thereof, also hereafter set out are the various estimates of costs and
amounts of assessments:
Total estimated cost of whole improvements within the
limits defined:
Estimated amount per lineal foot proposed to be assessed
against each abutting property and the real and true
owners thereof for curbs and gutters:
Estimated amount per square foot to be assessed against
each abutting property and the real and true owners thereof
for driveways:
Estimated amount per front foot to be assessed against each
abutting property and the real and true owners thereof for
construction of said pavement, curbs and gutters in place:
$ 71,248.90
$ 1.74
$ 0.79875
$ $.?3938
Estimated amount per front foot to be assessed against each
abutting property and the real and true owners thereof for
construction of said pavement with existing curbs and gutters: $ 6.08976
Total amount to be assessed: $ 11,948.38
Total amount to be paid by the City of Corpus Christi: $ 59,300,52
6L
g Jack Graham, Director of Public Works
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NOM, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS;
SECTION 1. That the written statement and report of the Director
of Public works heretofore filed with the City Council, showing the estimated
total cost of the whole improvement of said Ramsey Street, fiorne Road and
Houston Street, within the limits above defined; the estimated amount per lineal
foot to be assessed against the abutting property, and the real and true owners
thereof, for said curbs and gutters on said streets, within the limits above
defined; the estimated amount per square foot to be assessed against the abutting
property, and the real and true owners thereof for driveways on said streets,
within the limits above defined; the estimated amount per front foot to be assessed
against each abutting property, and the real and true owners thereof for construction
of said pavement, curbs and gutters in place on said streets, within the limits
defined; the estimated amount per front foot to be assessed against each abutting
property, and the real and true owners thereof for construction of said pavement,
with existing curbs and gutters in place on said streets, within the limits defined;
the total estimated amount of the cost of said improvements on said streets, within
the limits defined, proposed, to be paid by the City of Corpus Christi, Texas; the
names of the apparent owners of the property abutting on said streets, within the
limits defined, with the number of front feet owned by each and the description
of the property, and other matters relative thereto, having been received and
examined by the City Council, said report is hereby in all things approved and
adopted.
SECTION 2. That it is hereby found and determined that the total
estimated cost of the whole improvement Ulf Famsey Street, Horne Road and Houston
Street, within the limits above defined, is $71,248,90; the estimated amount per
lineal foot to be assessed against each abutting property, and the real and true
owners thereof, for curbs and gutters on said streets, within the limits above
defined, is $1.74 per lineal foot; the estimated amount per square foot to be
assessed against each abutting property, and the real and true owners thereof, for
driveways on said streets, within the limits above defined, is $,79875 per square
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s
the total estimated amount per front foot proposed to be assessed against each
abutting property, and the real and true owners thereof, for construction of said
pavement, curbs, and gutters in place on said streets, within the limits above
defined, is $8,43938 per front foot; the estimated amount proposed to be assessed
against each abutting property, and the real and true owners thereof, for con-
struction of said pavement with existing curbs and gutters on said streets, within
the limits above defined, is $6.08976 per front foot; the total estimated amount
of the cost of said improvements on said streets, within the limits above defined,
proposed to be assessed against the abutting property, and the real and true owners
thereof, is $11,948,38; the total estimated amount of the cost of said improvements
on said streets, within the limits above defined, proposed to be paid by the City
of Corpus Christi, Texas, is $59,300.52.
SECTION 3, That a portion of the cost of said improvements shall be
paid and defrayed by the City of Corpus Christi, Texas, and that a portion of the
cost of said improvements shall be paid by and assessed against the property abutting
upon said streets, within the limits above defined, and against the real and true
owners thereof, in accordance with, and in the manner provided by, the Charter of
the City of Corpus Christi, Texas, and by the Acts of the 40th legislature of the
State of Texas, First Called Session, Chapter 106, and known and shown as Article
1105 -b of Vernon's Annotated Civil Statutes of Texas, and that the total cost of
said improvements shall be and are hereby apportioned between said parties and
shall be paid and defrayed as follows:
(a) The cost of constructing, reconstructing or repairing said
improvements within the area between and under rails, tracks, double tracks,
turnouts, and switches, and two feet on each side thereof, of any railway, street
railway or interurban, using, occupying or crossing such streets or portions thereof
hereby ordered and approved, shall be paid by the respective owners thereof and
assessed against such railway, street railway, or interurban, and its read -bed,
ties, rails, fixtures, rights and franchises, and the real and true owners thereof,
in the manner provided by the terms of the City Charter of the City of Corpus
Christi, Texas, and by said Acts of the 40th legislature of the State of Texas,
-5-
a
(1927), above identified.
(b) The City of Corpus Christi shall pay the whole cost of
construction, reconstruction or repair of the curbs, gutters and sidewalks, with-
in the intersection of said streets with other streets and alleys and shall pay
not less than one -tenth (1 /10th) of the total remaining cost of said improvements
on said streets, exclusive of the cost of the curbs, gutters and sidewalks, in
front of the respective properties abutting upon said streets, said costs being
in the amounts as hereinbefore set out in Section 2 hereof.
(c) The property abutting upon said streets, within the limits above
defined, zoned for one- and two - family dwelling units, and the real and true owners
thereof, shall be assessed and pay for eighty (80 %) percent of the total cost
of construction, reconstruction or repairing, as the case may be, of sidewalks, curbs
and gutters in front of their respective property, and shall be assessed and pay
eighty (807.) percent of the cost of an equivalent thirteen and one -half (13")
feet of pavement width abutting their respective property, exclusive of the amount
therein specified to be paid by any railway, street railway, or interurban, as set
out in Sub- section (a) above, and by the City of Corpus Christi as set out in Sub-
section (b) above, and exclusive of the cost of any storm sewers, but inclusive
of the costs of all incidentals and appurtenances. The property abutting upon
said streets, within the limits above defined, zoned or used for other than one -
or two - family dwelling units, and the real and true owners thereof, shall be
assessed and pay eighty (807o) per cent of the entire costs of the sidewalks,
curbs and gutters abutting their respective property, and shall be assessed and
pay forty (40 %) percent of the entire cost of the pavement abutting their
respective property, and exclusive of the amount therein specified to be paid by
any railway, street railway, or interurban, as set out in Sub- section (a) above,
and by the City of Corpus Christi as set out in Sub- section (b) above, but
inclusive of the costs of all incidentals and appurtenances. However, the total
costs to be assessed against and paid by abutting property, and the real and true
owners thereof, shall not in any case exceed nine - tentbs (9 /10ths) of the total
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cost of said improvements on the streets upon which they abut, exclusive of
the cost of curbs, gutters and sidewalks, said costs being at the rate of,
and in the amounts as hereinabove set out in Section 2 hereof,
The amounts payable by the abutting property and the real and true
owners thereof shall be assessed against such abutting property, and the real
and true owners thereof, and shall constitute a first and prior lien upon such
abutting property and a personal liability of the real and true owners thereof;
provided, however, that no amount shall be assessed against such abutting
property, or the real and true owners thereof, in excess of the benefits to
said property in the enhanced value thereof by reason of said improvements on
the streets upon which it abuts, and that said cost which may be assessed against
such property and its real and true owners shall be in accordance with the FRONT
FOOT RUL"L OR PLAN in proportion as the frontage of such property is to the
frontage to be improved, provided that, if it shall appear at the hearing on
special benefits, hereinafter provided for, that the application of such rule or
plan will result in inequality or injustice then such rule of apportionment shall
be applied as will in the judgment of the City Council produce substantial
justice and equality between respective parcels of property and the real and true
owners thereof, considering the special benefits in enhanced value to be received
and burdens imposed, all in accordance with and as provided for in said City
Charter and the said Acts of the 40th Legislature of the State of Texas, First
Called Session, Chapter 106, as hereinabove identified,
That the amounts payable by the real and true owners of said abutting
property shall be paid and become payable in five (5) equal installments, the
first of which shall be due and payable twenty (20) days after the date said
improvements are completed and accepted by the said City Council, and the
remaining four (4) installments to be due and payable, respectively, one (1),
two (2), three (3) and four (4) years from and after the date of such acceptance
and bearing interest at the rate of five (57D per cent per annum from said date
of acceptance, payable annually; provided, however, that the owners of said
property shall have the privilege of paying any one, or all, of such installments
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2 �
at any time before maturity thereof by paying the total amount of principal due,
together with interest accrued, to the date of payment; further, that if default
be made in payment of any such installments of principal or interest promptly
as same matures, then at the option of the Contractor or assigns the entire amount
of the assessment upon which such default is made shall be and become due and
payable together with reasonable attorney's fees and collection costs, if incurred.
SACTION 4. That a hearing be given to the real, and true owners and
all owning or claiming any interest in any property abutting upon said portions
of said streets, within the limits above defined, and to all others owning,
claiming or interested in said property, or any of said matters as to the assess-
ments and to the amount to be assessed against each parcel of property and the
real and true owners thereof, and as to the special benefits to said property to
be received from said improvements, if any, or concerning any error, invalidity,
irregularity or deficiency in any proceedings or contract with reference thereto,
or concerning any matter or thing connected therewith, which hearing shall be
held by the City Council of said City in the Council Chamber of the City Hall of
the City of Corpus Christi, Texas, at 3:00 o'clock P.DI. on the 30th day of
November, A. A., 1960, at which time all persons, firms, corporations, or estates,
owning or claiming any such abutting property, or any interest therein, and their
agents or attorneys, or persons interested in said proceedings are notified to
appear and to be heard in person or by counsel and may offer evidence; and said
hearing shall be adjourned from day to day and from time to time and kept open
until all persons, evidence and protests have been duly heard; and the City
Secretary of the City of Corpus Christi, Texas, is hereby directed to give notice
of said hearing by publication in the COFPUS CHRISTI T BETS, the official newspaper
of the City of Corpus Christi, which is a newspaper of general circulation in the
City of Corpus Christi, Texas; and said notice shall be published at least three .
times in said newspaper before the date set for said hearing, the first of which
publications shall be at least ten days prior to the date of said hearing, and
-8-
and such notice by publication shall be valid and sufficient without any further'
form of notice, as provided for and in accordance with the terms and provisions
of said City Charter and of Chapter 106 of the Acts of the First Called session
of the 40th Legislature of the State of Texas, known and shown as Article
1105 -b of Vernon °s Annotated Civil Statutes of Texas; however, said City Secretary
is further directed, in addition to the contents of the notice of said hearing as
required by law, which shall be for all purposes valid and sufficient in itself,
to include therein the list of the names of the apparent owners, and the
descriptions of said abutting property as set out in said Director' -of Public_Wb rks
report, provided, however, that the said list of apparent owners and property
descriptions so included in said Notice, shall merely be cumulative of and in
addition to the requirements of said Notice as provided by the Laws of the State of
Texas, and the Charter of the City of Corpus Christi, Texas, and shall not in any
manner be conclusive of the real and true owners or of the correct descriptions of
said abutting property nor limit said notice to the properties described or to such
apparent owners named therein, but said Notice shall nevertheless be directed to
the real and true owners of said abutting property, ;whether named or correctly
named therein or not, and to all others claiming, owning, or interested in any
manner in any of said abutting property on said streets within the limits above
defined.
SECTION 5. That following such hearing as above provided, assessments
will be levied against said abutting property and the real and true owners thereof
for that portion of the cost of said improvements bereinabove determined to be
payable by said abutting property and the real and true owners thereof, and
which assessment shall be a first and prior lien upon said abutting property and
a personal liability and charge against the real and true owners thereof. In
levying said assessments, if the name of the owners be unknown, it shall be
sufficient to so state the fact, and if said abutting property be owned by an
estate or by any firm or corporation, it shall be sufficient to so state the
fact, and it shall not be necessary to give the correct name of any such owner,
and no error or mistake in attempting to name any such owner or in describing any
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of said property shall invalidate any assessment or certificate issued in evidence
thereof, but nevertheless the real and true owner of said abutting property shall
be liable and the assessment against said property shall be valid whether or not
such owner be named or correctly named, or said property correctly described.
SECTION 6. The fact that Ramsey Street, Horne Road and Houston
Street, within the limits above defined, are badly in need at this time of
permanent street improvements, and the further fact that the present condition of
said portions of said streets is dangerous to the health and public welfare of
the inhabitants of the City of Corpus Christi, due to the conditions and increase
of traffic along said portions of said streets creates a public emergency and public
imperative necessity requiring the suspension of the Charter rule that no ordinance
or resolution shall be passed finally on the date it is introduced and that such
ordinance or resolution shall be read at three several meetings of the City Council;
and the Mayor having declared that such public emergency and imperative necessity
exist, and having requested that such Charter rule be suspended, and that this
ordinance be passed finally on the date of its introduction and take effect and be
in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED,
PASSED AND APPROVED this 9th day vember, A. D,, 1960,
TaiAY �
City of Corpus C isti, Tex
ATTEST � r
City ,ecretary
�l R
APPROVED AS TO LEGAI, FOR IT:
City Att ney
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9 a-
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
CORPUS CHRISTI, TEXAS
OAY OF
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE-
GOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE
SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLU-
TION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH
ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL;
f, THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIRE-
MENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT 15 INTRODUCED, OR AT THE
PRESENT MEETING OF THE CITY COUNCIL.
RESPECTFULLY,
CHRI$TlI. TEXAS
THE CITY OF
THE CHARTER RULE WAS SUSPENDED BY THE
FOLLOWING VOTE%
ELI.Roy KING
JAMES L. BARNARD
L n
MRS. _RAY AIRHEART
�6L ¢
JOSEP&i B. DUNN
PATRICK J. DUNNE
R. A. HUMBLE
GABE LOZANO, SR......
THE ABOVE ORDINANCE WAS PASSED BY THE
FOLLOW AG VOTE-.
ELLROY KING
JAMES L. BARNARD '"
2
MRS. RAY AIRHEART
JOSEPH B. DUNN
(PATRICK J. DUNNE
R. A. HUMBLE
GABE Lo¢ANO, SR. =�'
CHRI$TlI. TEXAS