HomeMy WebLinkAbout06036 ORD - 01/11/1961AN ORDINANCE
THE HEARING GIVEN TO THE REAL AND TRUE
SUBDIVISION
r=ann ness+u�ax �-rnu:�r 1y c'LAI_0{ DRNE AS TO SPECIAL BENEFITS TO ACCRUE TO
SAID PROPERTY AND THE REAL AND TRUE OWNERS THEREOF BY VIRTUE OF THE
IM'PROVEIENTS OF SAID STREETS WITHIN THE LIMITS DEFINED, AND AS TO ANY
ERRORS, AND INVALIDTTIES OR IRREGULARITIES IN ANY OF THE PROCEEDINGS OF
CONTRACT THEREOF, OVERRULING AND DENYING ALL PROTESTS AND OBJECTIONS
OFFERED, EXCEPT THE CHANGES REFLECTED HEREIN, FINDING AND DETERMINING
THAT THE PROPERTY ABUTTING UPON SAID STREETS, WITHIN THE LIMITS DEFINED,
WILL BE SPECIALLY BENEFITED AND ENHANCED IN VALUE IN EXCESS OF THE AMOUNT
OF THE COST OF SAID I39nWEffwr PROPOSED TO BE AND AS HEREIN ASSESSED
AGAINST SAID _P&OPERTY,4HUT_TING I N PORTIONS OF RAMSEY STREET, HORNE ROAD
AND HOUSTON STREET,WITHIN THE LIMITS DEFINED, AND LEVYING AN ASSESSMENT
FOR THE PAYWNT OF A P_QRTION OF THE COT OF IMPROVEMENTS ON SAID STREETS,
WITHIN SAID LIMITS, FIXING A CHARGE AND LIEN AGAINST THE PROPERTY
ABUTTING UPON SAID STREETS AND THE REAL AND TRUE OWNER OR OWNERS THEREOF,
PROVIDING FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES UPON THE COMPLETION
AND ACCEPTANCE OF SAID WORK
- -- . .- -- . -.___ WORK. MANNER AND TIME OF PAYMENT MI LP
THE MANNER AND METHOD OF COLLECTION OF SAID ASSESSMENTS AND CERTIFICATES;
E -
AND DfiCLARING AN EMERGEPfCY, _ _ - -_ _. -
WHEREAS, The City Council of Corpus Christi, Texas, by duly enacted ordinance
passed and approved on November 9, 1960, determined the necessity for, and ordered
the improvement of a portion of Ramsey Street, Horne Road and Houston Street, within
the limits hereinafter defined, in the manner and according to the plans and
specifications heretofore approved and adopted by the City Council by ordinance dated
November 9, 1960, said portions of said streets to be improved being as follows,
to -mitt
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 been filed in the name of said City
with the Councy Clerk of Nueces County, Texas; and
WEEHEAS9 said City Council of the City of Corpus Christi, Texas, 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, and after having duly and regularly made
appropriation of funds available for such purpose to cover the estimated cost of said
improvements to said City, all as provided by the Corpus Christi City Charter and by
law, did award a contract for the construction of said improvements to, Heldenfels
Brothers on their lowest and most advantageous bid and said contract has been heretofore
• i
duly executed by said City of Corpus Christi and Heldenfels Brothers and is dated
October 13, 19609 and the Performance Bond required by said contract has been
properly furnished by said Heldenfels Brothers, and accepted by said City Council
of said City as to form and amount as required by the Charter of said City and the
laws of the State of Texas; and
WEMAS, the said City Council has caused the Director of Public Works 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 Ramsey Street,
Horne Road and Houston Street, within the limits herein defined, to be improved, and
the real and true owners thereof, and said Director of Public works has heretofore
filed said estimates and a statement of other matters relating thereto with said City
Council, and same has been received, examined and approv&d by said City Council; and,
WHEREAS, said City Council, by duly enacted ordinance dated November 9, 1990,
did determine the necessity of levying an assessment for that portion of the cost of
constructing said improvements on said streets, within the limits herein defined, to be
paid by the abutting property and the real and true owners thereof, and did order and
set a bearing to be held at 3s O0 o'clock P.M. on November 30, 1960, in the Council
Chamber of the City Hall of Corpus Christi, Texas, for the real and true owners of the
property abutting upon said streets, within the limits above defined, and for all others
owning or claiming any interest in, or otherwise interested in said property, or any
of said matters as to the assessments and amounts to be assessed against each parcel
of abutting property and the real and true owner or owners thereof, and as to the
special benefits to accrue to said abutting property by virtue of said improvements, if
any, or concerning any error, invalidity, irregularity or deficiency in any proceedings,
or contract, to appear and be heard in person or by counsel and offer evidence in
reference to said matters; and said City Council did by said ordinance order and direct
the City Secretary to give notice of said bearing to the real and true owners of the
property abutting upon said streets, within the limits defined, by publication in
the Corpus Christi Times, the official newspaper of the City of Corpus Christi, a
newspaper published in the City of Corpus Christi, Texas, of general circulation, said
—2-
notice to be published in said newspaper at least three (3) times prior to the date
of said hearing, the first publication of which to be at least ten (10) days prior
thereto, all as provided for and in accordance with the 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 1105mb of Vernon *s Annotated Civil
Statutes of Texas; and
WHEREAS, said City Council did further order and direct said City Secretary,
In addition to said published notice as aforesaid, which was provided to be valid and
sufficient in itself, to include in said notice a list of the apparent owners of said
abutting property as set out in said Director of Public Yorks* written report, and
providing that said list of apparent owners and the descriptions of said properties,
so included, shall be cumulative of and in addition to the requirements of said notice
as required by law and shall not be conclusive as to the real and true owners or the
descriptions of said abutting property nor limit said notice to such owners named, or
the properties described, but that said notice shall nevertheless be directed to the
real and true owner or owners of said abutting property, whether named or correctly
named, or said property described or correctly described therein or not; and
WHEREAS, said notice as ordered and directed by said City Council and as
required by said Acts and Charter of said City as above identified, was duly given
Publication of same in the Corpus Christi Times, a newspaper published in the City of
Corpus Christi, Texas, on November 15, 1990, November 22, 1990, and November 29, 1990,
said notice so published having included therein a list of the apparent owners as set
out in said Director of Public Workst written report as directed in the aforesaid
ordinance; and
WHEREAS, after due, regular and proper notice thereof, all as provided by law
and the Charter of the City of Corpus Christi, said hearing, of which notice was given,
was opened and held on November 30, 1960, at 3:00 o °clock P.M. in the Council Chamber
of the City Hall in the City of Corpus Christi, Texas, in accordance with said
ordinance and notice, at which time an opportunity was given to all said above mentioned
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:
—3—
Regular Council Meeting
November 30, 1960
Page 6
Mayor Bing announced the Council would hold the public hearing scheduled
for 3:00 o'clock p -m., on the Ramsey, Horne and Houston Street Improvement Assess-
ments.
Assistant City Attorney Charles Cartwright advised the Council that ad-
justments had been made in the proposed assessments on the following:
Item No. 13, Vincent F. Tonnon, from $387.86 to $451.92, due to a differ-
ence in the front foot length of the property;
Item No. 15, Woodson Lumber Co., Inc., from $1,054.69 to $830.22; Item
No. 16, J. C. Sharp, from $1,024.84 to $694.02; Item No. 17, E. E. Williams, from
$1,033.76 to $829.20; Item No. 18, Lotta E. Neal, from $1,049.10 to $765.03; and
Item No. 20, H. S. Thompson, from $1,113.93 to $942.56; all because the lots side
on Horne Road, and each adjustment was based on depth of lot at right angles to
Horne Road.
City Engineer Obie Etheridge presented the paving plans and preliminary
assessment roll; described the nature, extent and specifications of the paposed im-
provements on Ramsey Street from Arcadia Village Subdivision to Horne Road, on Horne
Road from Ramsey Street to Naples Street, and on Houston Street from Ramsey Street to
Clark Drive; the cost of construction; the amount to be paid by the City and the amount,
before final adjustment, to be assessed against the abutting property owners; the
manner in which such pro rata share was computed; and the nature and extent of the
proposed improvements to be paid for solely by the City.
Harold Carr testified as to his background experience which he felt quali-
fied him as a real estate appraiser for all types of properties; that he had person-
ally viewed and understood the extent and specifications of the proposed improvements;
that he had personally viewed the assessment roll and each of the properties to be
assessed; and that in his opinion each of the properties so assessed would be enhanc-
ed in value at least to the extent of the proposed assessment against each property,
with no exceptions.
Each of the abutting property owners, or their agents, with the exception
of Ray Peterson, Item 14, 19 and 21, appeared to speak in opposition and objection to
the proposed improvements and assessments, on the general basis that the proposed im-
provements would not enhance the value of their properties since they already had
curbs, gutters and passable street roadway in good condition, and that the indreaeed
flow and speed of traffic that would be encouraged by the widening and repaving of the
roadways and the one -way street pattern involved would create an even greater traffic
hazard for the safety of the many elementary school age children in the area than they
feel already exists.
f
Regular Council Meeting
November 30, 1960
Page 7
Mr. Carr pointed out that the properties are in what is considered
a negative condition due to the condition of the streets and that the proposed
improvements and better control of traffic will bring the properties into-a-
more saleable condition.
Mr. Etheridge pointed out that although the streets had been built
according to street requirements for subdivisions and so accepted by the City, the
roadbed and paving requirements do not come up to City requirements for permanent
streets, and that the problem of traffic controls was properly a matter for the
Traffic Engineering Department.
Mayor King directed the City Manager to investigate the speeding traffic
problem in this area with particular reference to Ramsey Street, Horne Road and
Brenner Parkway, referred to by the property owners, and to report back to the
Council on the matter.
Commissioner Barnard stated that /attitude of the property owners at this
hearing and at the previous hearings on street improvement assessments which this
Council had heard, indicated that the question of whether the City or the abutting
property owners ought to be responsible for the cost of such street improve®snts,''
might soon have to be decided by the electorate or perhaps even the State Legislature
since it is a very controversial question in many other Texas cities as well as in
this City.
No one else present appeared to be heard.
Motion by Airheart, seconded by Barnard and passed that the hearing be
closed, and that the City Staff be authorized to prepare the final assessment rail
and the ordinance closing the hearing.
There being no further testimony offered or any further parties appearing
to be heard, upon proper motion, duly seconded and unanimously carried, the said
hearing was declared closed; 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 with the cost of making said improvements of said portions of said
streets proposed to be assessed against said property, or as to any errors,invalidities
or irregularities, in the proceedings or contract heretofore had in reference to the
improvements of said streets; and
wHERFAS, 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 that portion of Ramsey Street, Horne Road
and Houston Street, 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 property abuts, in an amount in excess of the amount of
the cost of 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
—4—
r
property on said portions of Ramsey street, Horne Road and Houston Street, within
the limits above defined, and the real and true owner or owners thereof, are just
and equitable and did adopt the rule of apportionment set forth 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:
NON, THEREFORE, BE IT ORDA -MO 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.
SECTION 2. That said City Council hereby finds and determines upon the
evidence heard in reference to each and every parcel of property abutting upon
said Ramsey Street, Horne Road and Houston Street, 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 of the construction of said improvements
to said portions 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 provision 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
Sfl
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 Ramsey Street, Horne Road
and Houston Street, within the limits hereinabove 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
1105 -b of Vernon's Annotated Civil Statutes of Texas, as amended, there shall be,
and is hereby levied, assessed and taxed against the respective parcels of 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 -wits
-6-
F wAL ' STREET IMPROVEMENT ASSESSMIT Sheet 1
RAMSEY STREET FROM ARCADIA VILLAGE SUBDIVISI011 TO HORNE ROAD
ITSPEIOF IMPRCyIIMENT: -Consacte Curb , R,ttar- Hot -Mix Asphaltic Iieldenffels Brothers CONTRACTOR
Concrete Pavement. Driygsws & Storm ewers Assessment for Pavement with Existing C & G per L.F. 6.08 76
Assessment for Curb and Gutter & Pavement per Lin. Ft.
CONTRACT DATE : �3 October 1960 Assessment for Curb and Gutter Only per Lin. Ft. 1.
Assessment for Concrete Driveway per Square Ft. 75
ri
PROPERTY OWNER
NAME OF ADDITION
BLOCK
LOT
=MALIN.
ABUT,
PROP.
FT.
OF PAVE -
MEET &
C& G
ASSESSMENT
CURB & GUT
TER & PVT.
LIN. FT.
PAVEMENT
WITH EKIIST.
C& G
ASSESSMENT
PAVEMENT
TH EXIST.
C& G
DRIVE-
WAY
SQ.FT.
DRIVEWAY
ASSESS-
KENT
TOT. ASSESS
NUT BEFORE
ADJUSTMENT
ASSESSMENT
ADJUSTMENT
TOTAL
ADJUSTED
ASSESSMENT
O U T
H E A S
T S I D E
F R A M
E Y S T R
E E T
1.
Earl A. To to
Sam Houston Addn
11
3,4
-0-
1 -0-
62.82
382.5C
-0-
1 -0-
382.56
260.06
122.50
`;omee. Inc.
S Houston Addn
11
443 ! +5
01.46
142,00
W
2
-0-
-0-
73.72
V,2.94 4
-0-
4.
Donald R. Newsome
Sam Houston Addn
1
io
j6 3.69
-o-
-o-
63-0)
263 66
124.20
5.
Glen 1'. La-1_r
Sam Houston Addn
32 .e(G
263.66
124.20
6.
Low
387.86
7.
John A 7cti-Q1*'en
Sam Houston Ad
1
7
6,i.6Q
_
263.66
124.20
8.
Jess
Sam Houston Addn
9.
W. L s
Sam Houston
-0-
.CC
263.66
124.20
63.69
-o-
-0-
63.69
3C .8C
_0_
13,
James A. Robbins
am Rouston Addn
6R. 6
-o-
6
3C7. 86
12.
Billie R. Davidson
Sam Houston Addn
1
2
63.69
-0-
-0-
63.69
,13_
Vincent F. Tonnon
_&M ffoust= AdAn
-L
1
74.21
-0-
-0-
74.21
4 1. _
_0_
-0_
4 1.92
307.21
144.71
N
0 R T H W
E S T S I
D E O F
R A M S E
14. I
Ray E. Peterson
Part of Lewis
AsBeEsmenl
for Curb
and G
tter
4
1 0 .46
-0-
1,094.46
Adjusted because
Asses
men
Rate
hanged t
$5.88 per Iront
Foot
conform tc
City Council
instructions.
FIlVAL 3TREET IMPROVEMENT ASSLSSMEQT Sheet 2'
HORNS ROAD FROM RAMSE'Y STREET TO NAPLES STREET
TYPE OF IMPB TEMENT: Concrete Curb & Gutter, Hot -Mix Asphaltic Heldenfele Brothers CONTRACTOR
Couercte Pavement, Driveways & Storm Sewers Assessment for Pavement with Existing C & G per L.F. 08 76
Assessment for Curb and Gutter & Pavement per Lin. Ft. 39
;0n-NTXACT DATE 13 October 1960 Assessment for Curb and Gutter Only per Ian. Ft. 1.7
Assessment for Concrete Driveway per Square Ft. 0.7 75
SOR
N
PROPERTY OWNER
NAME OF ADDITION
BLOCK
LOT
LM GM
ABUT.
PROP.
LIN. FT.
OF PAVE -
MENT &
C& G
AST
CURB & OUT
TER & PVT.
LIft. FT.
PAVEMENT
WITH EKIST
C& G
ASSESSMENT
PAVEMENT
WITH EUM
C& G
DRIVE-
WAY
SQ.FT.
DRTVEW
ASSIMS-
MENT
TOT. ASSES9
MENT BEFORE
ADJUSTMENT
ASSESSMENT
ADJUSMMENT
TOTAL
ADJUSTED
ASSESSMENT
O U
r H W E S
T S I D E
O F H
R N E R C
A D
A M S E Y
S T R E E
T
15.
Inc.
- ,:oou;,c_, aer Co.
Cui er Addn.
11
25
110'
110.00
8.
-0-
-0-
158.20
126.
1 0 4.6
437.93
616 76
521.86
6.
J. C. Sharp
Cui er Adda.
11
1
106.
106. 0'
.48
-O-
-0-
158.2o
126.36
1 026.84
50448
C H
R I S T I E
S T R E I
T
17.
E.E. Williams
Cui er Addn.
12
27
107.52.
107.521
97o.4o
-0-
-0-
158.20
326.36
.1.033.76
408.45
625.31
569.65
'
_
479.45
A P L E S
S T R E E
T
0 R
V H E A SIT
S I D E
O F R Q
R N E R C
A D
A 14 S E Y
S T R E E
T
•
19,
Ray E. Peterson
Part of Lewis
& Willard
ASBCssed
f3r
curb ard
gutter omy
------==
---------------
89,51 '
0
I55 ;
T. S. C�oLp:.o_.
Arcadia Villaize
12
l
L22.
122.32
1,032.30
-
-0-
102.20
81.6
1 1 .
I
A P L E S
S T R E E
T
Adjusted
because loti
side
on Jr.
R
Each
ne based on
depth of lot
at Rt
o Ilorne
an
EM
1
1,111-11
fl /,/-
FINAL STREET IMPROVENT ASSESSMENT Sheet 3
HOUSTON STREET FROM RAMSEY STREET TO CLARK DRIVE
TYPE OF-IMPROVEMENT: EM Concrete Curb & Gutter, Hot-Mix Asphaltic
Concrete Pavement, Driveways & Storm Sewers Heldenfels Brothers CONTRACTOR
Assessment for Pavement with Existing C & G per L.F. 08 6
CONTRACT DATE 13 October 1960 Assessment for Curb and Gutter & Pavement per Lin. Ft.
Assessment for Curb and Gutter Only per Lin. Ft. 1.7
Assessment for Concrete Driveway per Square Ft. 0. 75
PROPERTY OWNER
NAME OF ADDITION
BLOCK
LOT
LENGT11
ABUT.
PROP.
LIN.FT.
OF PAVE -
b= &
C& G
ASSESSMENT
CURB & GUT-
TER & PVT.
LIN. FT.
PAVEMENT
WITH EXIST.
C& G
ASSESSMENT
PAVEMENT
wITR EXIST.
C& G
DRIVE-
HAY
SQ.FT.
DRIVEWAY
ASSESS-
MENT
TOT.
MU BEFORE
ADJUSTMENT
ASSESSMENT
ADJUSTMENT
TOTAL
ADTUSTED
ASSESSMENT
iJ O
R T H,
w E S T
S I D E
F H 0 U
3 T 0 N S
P R E E
21,
Ray E. Peterson
Part of Lewis &
Trnnt,
Ass
semen
for Curb
and Gutter
y'
242.51+'
p $1.74
422.02
�.DO
22.oZ
TOTAL CONTRACT CO
71,248.90
TOTAL ASSESSMENT T
PROPERTY owims
6,358.05
TOTAL CAST TO CITY
64,89o.85
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 rate of assessment herein adopted, it being the intention that each parcel
of property and the real and true owner or owners thereof abutting on the portions
of Ramsey Street, Horne Road and Houston Street, within the limits above defined, shall
pay for said improvements under the "FRONT FOOT RELE OR FLAN ", which rule or plan is
hereby found and determined to be just and equitable and to produce a substantial
equality, having in view of 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 said portions of said streets, all certificates hereinafter provided
for, issued to evidence said assessments against said parcels of property abutting
upon said streets, 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 Director of Public Works upon completion of said work
on said streets, and the findings of said Director of Public Works 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 portions of Ramsey Street,
Horne Road and Houston street, 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 hereof, together with interest thereon at the rate of five per cent (5 %)
.7.
per annum with reasonable attorney *s fee and all costs and expenses of collection,
It incurred, are hereby declared to be made a first and prior lien upon the
respective parcels of property, against which some are assessed from and after the
date said improvements were ordered by said City Council, to -wit= November 9, 1960*
and a personal liability and charge against the real and true owner or owners
thereof, whether or not such 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 payable as follows, to -wits in five (6) equal annual installments,
the first of which will be payable on or before twenty (20) days after the completion
of said improvements in the streets upon which the respective property abuts, and
acceptance thereof by the said City Council, the four (4) remaining installments to
be due and payable, respectively, one (1), two (2), three (3) and four (4) years from
and after said date of acceptance, deferred payments to bear interest from said date
of acceptance at the rate of five per cent (B%) per annum, payable annually concurrently
with each of said installments; past due installments of principal and interest to
bear interest at the same rate per annum until paid; provided, however, that any
owner of such property shall have the right to pay off the entire amount of such
assessment, or any installment thereof, before maturity, by paying principal and accrued
interest to date of said payment; and provided, further, that if default shall be
made in the payment of any installment of principal or interest when due, then the
entire amount of said assessment upon which such default is made, shall, at the option
of Heldenfels Brothers, their successors or assigns, be, and become immediately due
and payable and shall be collectible together with reasonable attorney *s fees and
all costs and expenses of collection if incurred.
SECTION S. That the City of Corpus Christi, Texas, shall not in any
manner be liable for the payment of any sums hereby validly assessed against any
abutting property, and the real and true owner or owners thereof, but Heldenfels
Brothers shall look solely to such property and the real and true owner or owners
thereof, for the payment of the sums validly assessed against said respective parcels
of property, but said City shall be obligated to furnish Beldenfels Brothers valid
assessments and assessment certificates and shall exercise all of its lawful powers
and aid in the enforcement and collection of said liens and assessments; and if
default shall be made in the payment of any of said sums herein assessed against
the said parcels of property, and the real and true owner or owners thereof,
collection thereof shall be enforced at the option of Heldenfels Brothers, their
successors or assigns, either by suit in any Court having jurisdiction or by sale of
the property assessed as nearly as possible in the manner as may be provided by law
and Charter in force in said City for the sale of property for the collection of
ad valorem taxes.
SECTION 7. That for the purpose of evidencing said assessments, the liens
securing same and the several sums assessed against the said parcels of 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 Beldenfels Brothers 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 thereof, 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 other-
wise, shall in anywise invalidate or impair the assessment levied hereby or the
certificate issued in evidence thereof.
That the said certificate sball 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 Heldenfels Brothers, their successors or assigns, or the
—9—
holder thereof, the whole of said assessment evidenced thereby shall at once become
due and payable, and shall be collectible with reasonable attorneyls 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 owners or owner of such
property, whether named or correctly named therein or not, and the lien upon 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 CounclIT, to -wits November 9, 1960,
and shall provide in effect that if default shall be made in the payment thereof,
the same may be enforced, at the option of Heldenfele Brothers, or their successors
and assigns, by the sale of the property therein described in-fte manner pravided for
the collection of ad valorem tales 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, evidenced 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 all said certificates may have coupons attached thereto in evidence of
each or any of the several installments thereof, which may be signed with the
facsimile signatures of the Mayor and City Secretary.
That said certificates shall further provide in effect that the City of
Corpus Christi, Texas, shall exercise all of its lawful powers, when requested so to do
by the holder of said certificates, to aid 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
-10+
the exact form as above set forth, but the substance and effect thereof shall suffice. "
SECTION 8. 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, corrected at any time by the said City
Council of the City of Corpus Christi, Texas. Further that the omission of said
Improvements in front of any part or parcel of property abutting upon that portion
of Ramsey Street, Horne Road and Houston Street, which is exempt from the lien of "said
assessment, shall in no wise effect or impair the validity of assessments against the
other parcels of property abutting upon said streets; 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 Director of Public
Works and approved and adopted by said City Council and are in accordance with the
proceedings of said City Council relative to said improvements and assessments therefor,
and with the terms, powers and provisions of said Chapter 100 of the Acts of the
First -Called Session of the 40th Legislature of the State of Texas, known as Article
1105rb of Vernon *s Annotated Civil Statutes of Texas and the Charter of the City of
Corpus Christi, Texas, under which terms, powers and provisions said proceedings,
said improvements and assessments were had and made by said City Council.
SECTION 9. The fact that Ramsey Street, Horne Road and Houston Street have
become important thoroughfares and the fact that the present condition of said
streets, within the limits herein defined, is dangerous to the health and public
welfare of the inhabitants thereof creates a public emergency and an imperative
-11-
public necessity, requiring the suspension of the Charter rule that no ordinance
or resolution shall be passed finally on the date of its introduction, and that
said ordinance shall be read at three (3) several meetings of the City Council,
and the Mayor having declared that such emergency and imperative public necessity
exists, and having requested that said Charter rule be suspended, and that this
ordinance be passed finally on the date of its introduction, and that this
ordinance take effect and be in full force and effect from and after its passage,
it is so ordained.
PASSED AND AVPEOVED this the 11th day of January, A. D., 1881.
AWESTt
C Be
Oetary
APPROVED AS TO LEGAL FORM:
City Attorney/
Ma
City of Corp�ii hristi,T as
—12—
CORPUS CHRISTI, TEXAS
.AT OF ai.'
TO TTY MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
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, MEREST REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR- REQUIRE-
MENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE
PRESENT MEETING OF THE CITY COUNCIL.
RESPPCTFU ,
MAYOR
THE CITY OF ry CNRf , TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTEt
ELFROY KING 1/
JAMES L. BARNARD ✓
MRS. ,RAY AIRNEART ✓/
JOsEPN B. DUNK
PATRICK J._BU14NE f
R. -A. (NIMBLE
GABE LOEANO,,SR. .
THE ABOTP ORDINANCE WAS PASSED BY THE FOLLOWI 0 YOTEi
ELLROT KING.- -
JAMES L. BARNARD�
MRS. RAY AIRNEART
JOSEPH a. DUNN-
PATRICK J. OUNNE
R. A. MUMBLE
GABE LOZANO, SR.
•
VOL 924 PAGE524
THE SPATE OF TEX" I
]WON ALL HEN BY THESE PHESEPTSt
QTY OF NMCES I
WHEREAS, by resolution adopted on the 9th day of November, 1990, by its
City Council, the City of Corpus Christi, Texas, hereinafter called "said
City", determined the public necessity for, and ordered the improvement of
Ramsey Street, Horne Road and Houston Street in said City between certain limits
In said resolution defined, and provided that a part of the cost of such improve-
ments be assessed and made a lien on properly abutting thereon; and,
WHEREAS, a Notice of such action on the part of said City was duly filed
in the office of the County Clerk of Nueces County on the 9th day of November,
1990, and recorded in Volume 7799 page 499, of the Mortgage Records of said
County; and
WHEREAS, by an ordinance passed by said City on the 11th day of January,
1991, and other proceedings of said City Council, there were levied assessments
against the following described property abutting said streets (among others),
and against the real and true owner thereof, to -wits
Description of Property
Amount of Assessment
Part of Lot 3 and 4. Block 11, Sam
Houston Addition to the City of
Corpus Christi, Texas
$122.50.
Lot 11 in Block 1 of Sam Houston
Addition to the City of Corpus Christi,
Texas
$143.75.
, Lot 10 in Block 1 of Sam Houston Addition
to the City of Corpus Christi, Texas
$124.20 -
Lot 9 in Block 1 of Sam Houston Addition
to the City of Corpus Christi, Texas
$124,20.
Lot 9 in Block 1, Sam Houston Addition to
the City of Corpus Christi, Texas
$124,20'
Lot 5 in Block 1, Sam Houston Addition to
the City of Corpus Christi, Texas
$124.20•
Lot 4 in Block 1, Sam Houston Addition to
the City of Corpus Christi, Texas
$124,20 '
Lot 3 in Block 1, Sam Houston Addition to
the City of Corpus Christi, Texas
$124,20'
Lot 2, Block 1, Sam Houston Addition to the
City of Corpus Christi, Texas
$124,20'
THE STATE OF TEXAS
COUNTY OF NUECES.
L Mrs. Henry E Gower, Clark of the County Court in and for said County, do hereby certify
that the foregoing instrument --- ----- ...........
Dated day of--- - -- - -- - .--- - — ---- - --- 1 19. with its certificate of
authentication, was filed for record in my office the ___!�//25:7day of
at-_e; doo!clock-_ K, and duly recorded the _12- --day oL__._M6
at .'clok__f_.!__hL, 1n- -.------ -- - - - - -- — - - -------- ------- --Record of said
County, in on 5- - (-
Witness my hand and seal of the County Court of said County at office in Corpus Christi, Tomas,
the day and year last above written Mrs. Henry E. Gouger,
Byt/ - Deputy County Clerk, Nuaces County.
s •
VOL 924 PAGE525
✓tot 1 in Block 11 of Casper Addition to the City of
Corpus Christi, Texas $821,88 .
Tart 27 in Block 12 of Cuiper Addition to the City of
Corpus Christi, Texas $828,31•
I tot 1 in Block 12 of Cuiper Addition to the City of
Corpus Christi, Texas $899,88;•
and,
SAS, the improvements on said streets were constructed by Heldenfels
Brothers, contractor, under the terms of a contract with said City, and
certificates of special assessment were issued by said City to said Contractors
RON, TBEREF'DRE, Know All Men By These presents, That we, Heldenfels
Brothers, a partnership of Nueces County, Texas, for and in consideration of the
sum of Two Thousand Eight Hundred Fifty Two and 47/100 ($2,882,47) Dollars to us
in hand paid by said City, have granted, transferred and assigned, and do by
these presents grant, transfer and assign unto the said City the certificates
of special assessment evidencing the assessment for said street improvements
levied against the above described property together with all right, title, interest,
lien and powers securing payment of same.
It is expressly understood that the assignment of said certificates of
special assessment is made without recourse on the undersigned.
Executed this the 11Y day of April, 1981.
HELDENFELS BHOTBERB
By
pa�� "ner
A y
TJM STATE OF IMAS I
couNTY OF NDFICES !
Before me, the undersigned authority, on this day personally appeared
,known to me to be the person whose name
Is subscribed -to the foregoing instrument, and acknowledged to me that he executed
the purposes and consideration therein expressed and in the capacity
".�-•' •�hereid;, dated,
" " "6iven under my hand and seal of office this day of April, 1981,
Notary Public, Nueces County, Texas
P. C.AilI
Notnry Public, in d ;w i :ut , Cou ,y, Tax " s
,My Co mtusion Expire. June ], 19_ .2
� ` x''' `' � d'� �