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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 -2- 6 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 Approved' Sg G i ta`rr�g�_ ,� o ' ITEM N0. x wµ mS �t r t 0 m - ID y O 1+ O C N fU JID fi � cF n n O O O O to m ••i .n qgm n R 1 N t OD O r y 4 C1 Eli O% 01 O ti rn'o ON rn o b N �ro o O 1 1 I 1 1 1 •�• t] H F b 1 O 7 0 i 1 (1:1 1 I ! 1 ' k ' O w (joys 1 1 1 1 H O 7 O 1 O 1 O 1 1 [ O 1 1 1 O f O 1 1 1 O 1 H h Ul tj ro td H H t7 � cl, A1. 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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 -4- 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 -6- 5 e. 3 t 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 -7= i s 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 -9- 9 y 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 -10- 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