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HomeMy WebLinkAbout06051 ORD - 01/25/1961• s AN ORDINANCE CLOSING THE HEARING GIVEN TO THE REAL AND TRUE OWNERS OF PROPERTY ABUTTING AGNES STREET FROM SOUTH STAPLES STREET TO CARANCAHUA STREET AND UPON LAREDO STREET FROM SOUTH STAPLES STREET TO TANCAHUA STREET, AS TO SPECIAL. BENEFITS TO AC- CRUE TO SAID PROPERTY AND THE REAL AND TRUE OWN- ERS THEREOF, BY VIRTUE OF THE IMPROVEMENT OF SAID STREETS, SIDEWALKS, GUTTERS, DRIVEWAYS AND CURBS, WITHIN THE LIMITS DEFINED, AND AS TO ANY ERRORS, AND INVALIDITIES OR IRREGULARITIES IN ANY OF THE PROCEEDINGS OR CONTRACT THEREOF, OVERRULING AND DENYING ALL PROTESTS AND OBJECTIONS OFFERED, FIND- ING RAID. DETERMINING THAT THE PROPERTY ABUTTING UPON AGNES STREET FROM SOUTH STAPLES STREET TO CARANCAHUA STREET AND UPON LAREDO STREET FROM SOUTH STAPLES STREET TO TANCAHUA STREET WILL BE SPECIFI- CALLY BENEFITED AND ENHANCED IN VALUE, • IN EXCESS OF THE AMOUNT OF THE COST OF SAID) D4YROVENENTS PRO- POSED TO BE, AND AS HEREIN ASSESSED AGAINST SAID PROPERTY ABUTTING. UPON SAID AGNES STREET AND SAID LAREDO STREET AND LEVYING AN ASSESSMENT FOR THE AYMENT OF A PORTION OF THE COST OF IMPROVEMENTS N S D STREETS WITHIN SAID LIMITS, FIXING J1 CHARGE AND LIEN AGAINST THE PROPERTY ABUTTING UPON SAI D TGNES STREET AND LAREDO STREET WITHIN THE LIMITS DEFINED AND THE REAL AND TRUE OWNER OR OWNERS THEREOF, PROVIDING FOR THE, ISSUANCE. OF ASSIGNABLE CERTIFICATES UPON THE COMPLETION AND ACCEPTANCE OF SAID WORK, THE MANNER AND TIME Off' PAYMENT AND PROVIDING THE MANNER AND,eJ TSQD E COLLECTION OF SAID ASSESS S AND QUJIII T.E_S AND DECLARING AN EMERGENCY. WHEREAS, the City Council of Corpus Christi, Texas, by duly enacted ordinance passed and approved on DECEMBER 14 , 19 6o , determined the necessity for, and ordered the improve- ment of Agnes Street and Laredo Street within the limits here- inafter defined, in the manner and according to the plans and specifications heretofore approved and adopted by the City Coun- cil by ordinance dated DECEMBER 14 y 19 60 , said portions of said streets to be improved being as follows, to wit: Agnes Street from South Staples Street to Carancahua Street; Laredo Street from South . Staples Street to Tancahua Street, a duly executed notice of said ordinance having been filed in the ,name of said City with the County Clerk of Nueces County, Texas; and WHEREAS, 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 improve- ments to Bur-Tex Constructors, Inc., on its lowest and most ad- vantageous bid and said contract has been heretofore duly exe- cuted by said City of Corpus Christi and Bur -Tex Constructors, Inc., and is dated SEPTEMBER 17 , 1960 , and the Performance Bond required by said contract has been properly furnished by said Bur -Tex Constructors, Inc., and accepted by said City Coun- cil 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 WHEREAS, the said City Council has caused the Direc- tor 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 said Agnes Street and said Laredo 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 ap- proved by said City Council; and -. WHEREAS, said City Council, by duly enacted ordinance dated DECEMBER 14 , 19 60 , did determine the necessity of levying an assessment for that portion of the cost of construe- -2- O • f ting said improvements on Laredo Street and Agnes Street 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 hearing to be held at JANUARY 4 , 1961 , in the. Council Cham- ber of the City Hall of Corpus Christi, Texas, for the real and true owners of the property abutting upon said street, 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 as- sessed 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 de- ficiency in any proceedings or contract with reference thereto, 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 hearing 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 notice to be pub- lished 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 chap- ter 106 of the Acts of the First Called Session of the 40th Legis- lature of the State of Texas, known and shown as Article 1105 -b 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 afore- -3- • r f said, 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 Works' written report, and providing that said list of apparent owners and the descriptions of said properties, so included shall be cumulative of aid 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 19 60 , and JANUARY 3 DECEMBER 22 , 19 6o , DECEMBER 29 , 1961 , said notice so published having included therein a list of the apparent owners as set out in said Director of Public Works' written report as direc- ted 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 JANUARY .4 , 19 61 ,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 -4- 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 accor- dance with said ordinance and notice, at which time the follow- ing appeared and offered the following testimony: Mayor Ring announced the Council would hold the public hearing scheduled for 3:00 o'clock p.m., on the Agnes - Laredo Street Improvement Assessments. Jack Graham, Director of Public Works, presented the plans and preliminary assessment roll; described the nature, extent and specifications of the proposed improvements on the continuation of Laredo Street from Staples Street to Tancahua Street, and Agnes Street from Staples Street to Carancahua Street; 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, and the improvements to be constructed by the State Highway Department at no cost to the City or the property owners; the manner in which such pro rata share was computed; and stated that prior to the street being constructed, utility rehabilitation at no expense to the owners is being car- ried out to provide better and more trouble free service to the neighborhood. Harold Carr testified as to his background experience which he felt qualified him as, a real estate appraiser for all types of properties; that he had personally viewed the plans, and understood. the extent and specifications of the proposed im- provements; that he had personally viewed the assessment roll and each of the properties to be assessed; described the general con- dition of the properties; and stated that in his opinion, in each case, the property will be enhanced in value at least to the extent -5- • • , of the assessment and explained some of the Criterion upon which he based his opinion. Each of the abutting property owners, or their agent, was given an opportunity to speak with regard to the assessment and improvements. The following persons appeared, and Mr. Graham answered each of their questions by referred to the plans: Geo. J. Stein, Item 2, read a letter to the effect that the Governmental Agency now leasing his property considers the property unsatisfactory for renewal of lease due to the run -down condition of surrounding area, and stated that he is very anxious for the improvements to be made, and requested a 25 -foot driveway at least; Representative for John H. Herman W. and Arno W. Rebmann Estate, Item 3, asked about the width of sidewalk and the parkway between the sidewalk and the curb; Herman W. and Arno W. Rebmann, Item 16, asked about the width of sidewalk, whether or not there was to be a parkway be- tween sidewalk and curb in front of this property, and requested that the mathematics of their assessment be checked for error in addition; Mrs. Heney, for G. N. Jones Estate, Item 18, asked if the amount published in the paper was the full amount of the as- sessment; Ella E. Clark, Item 37, asked about the manner of pay- ment of the assessment; Charles Delomel, real estate appraiser, and Kenneth R. Darrah, owner, Item 39, objected to any assessment for this pro- perty, on the basis that there would be no benefit to his property; Roy 0. Crocker, Item 40, objected to any assessment for his property on the basis that the improvement is for the benefit of the City as a whole, and does not benefit him as a resident, and that since theCity will very likely take his property for fur- ther development of street constructinn within the next five years, it will be dead real estate as far as saleability; that when the house was constructed the City was granted a pedestrian walkway, and with a 4 -ft. walkway, cuts the property down to only 46 -feet, and asked if the pedestrian right -of -way or walkway could be given back to the property owners as the City would have no need of it. The.Council instructed the Director of Public Works to investigate this matter of the pedestrian walkway, and report back to the Conn- ell with recommendation; -6- • • • B. J. Ricks, Item 42, asked about the width of side- walk in front of his property; • R. L. and M. T. Purinton, Item 46, stated that there was a hill in front of his property which would have to be leveled for a sidewalk and questioned as to how close it would come to his house proper, and whether or not the City would have to build a retaining wall. No one else present appeared to be heard. Motion by Joe Dunn, seconded by Airheart and passed that the hearing be closed, and that the City Staff be authorized to prepare the final assessment roll and the ordinance closing the hearing. A complete transcript of the testimony is on file in the office of the City Secretary as a part of his official rec- ords. Said complete transcript is hereby made a part hereof by reference. There being no further testimony offered or any fur- ther parties appearing to be heard, upon proper motion, duly seconded and unanimously carried, the said hearing was declared closed; and VIEWS, 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 the cost of the improvement of said portion of said street pro- posed to be assessed against said property, or as to any errors, innal idities or irregularities, in the proceedings or contracts heretofore had in reference to the improvements of said streets; and WHEREAS, said City Council has heard evidence as to the special benefits and enhanced value to accrue to said abut- ting property, and the real and true owner or owners thereof, as compared with the cost of making said improvement on said -7- . • . • street, 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 pro- ceedings 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 aaid evidence, testimony and statements, said City Council finds that each and every parcel of property abutting upon Agnes Street within the limits to be improved. as herein defined, and each and every parcel of property abutting upon Laredo Street within the limits to be improved as herein defined, will be enhanced in value and spe- cially benefited by the construction of said improvements upon the said street upon which said property abuts, in an amount in excess of the amount of the cost of said improvements pro- posed to be, and as hereinbelow assessed against each and every said parcel of abutting property, and the real and true owner or owners thereof, and said City Council did consider and cor- rect 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 these 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 -8- • • said Agnes ;: Street and said Laredo - Street, 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 divi- sion of the cost.o-f said improvements between said abutting properties, and the real and true owner or owners thereof, as just and equitable, and as producing substantial equality con -. sidering the benefits to be received and the burdens imposed thereby, and that all objections and protests should be over- ruled and denied; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS. SECTION I. That there being no further protest or testimony for or against said improvements, said hearing gran- ted to the real and true owners of abutting property on said street, 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 Agnes Street within the limits above defined, and each and every parcel of property abutting upon Laredo Street within the limits above defined, that the. special benefits in the enhanced value to accrue to said property and the real and true owners or owner therebf by virtue of the construction _of said:.improvvements for which assessment is herein made to said portion of said street upon which said property abuts, will be in excess of the amount of -9- • • • • 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 for which assessment is herein made, and that all assessments hereinbelow made are just and equitable and produce substantial equality considering the benefits re- ceived 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 contracts heretofore had with reference to said improvements are in all respects regular, proper and valid, and that all pre- requisites 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 im- provement of Agnes Street and Laredo Street, within the limits hereinabove named and defined, and in pursuance of said proceed- ings heretofore had and enacted by said Qity 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 ref- erence 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 -10- • • 0 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 sins of money herainbe1 w mentioned and itemized opposite the descrip- tion of the respective parcels of said property, the number of front feet•.of each and the several amounts assessed against same and the real andLtrue owner or owners thereof, and names of the apparent 6wneers thereof, all as corrected and adjusted by said City Council, being as follows, to wit; • TYPE CONTRACT FINAL NORTH SIDE OF LAREDD OF IMPROVEMENT: Concrete Sidewalks, Driveways, Curberend ASSESSMENT STAPLES STREET TO TANCAHUA STREET Bur -Tea Codbtructora, Inc. Sheet 1 . STREET IMPROVEMENT STREET FROM CONTRACTOR Gutters with Caliche Base, and Street Excavation 44' Face to Face of Curb ROADWAY DATE: September 17, 1960 Assessment for Curb and Gutter & Caliche Base & Gutter, end Street Excavation, per Lin. Ft. Assessment for Sidewalk per Square Foot Assessment for Concrete Driveway per Square Ft. Assessment for Curb Ties and Thickened Sidewalk Abutting Curbs, per Lin. Ft. for Curb $2.93116 $0.33228 , $0.5751 $0.1278 PROPERTY OWNER NAME OF ADDITION HLOCF LOT PA, . ABUT. PROP. Mr . ' CURB AND GUTTER, CALICHE BASE AND EXCAVATION •o l,r,,i rii-.' DRIVEWAY ASSESS- RENT IdIN.FT. CURB TIES & THICK- ENED SIDEWALK ASSESSMEN` T CURB TIES & THICKENED SIDEWALK EDGES ABUT. CURBS TOT. ASSESS- SENT BEFORE ADJUSTMENT ASSESSMENT ADJUSTMENT TOTAL ADJUSTED ASSESSMENT CURB & GUT- TER, CALICHE BASE AND EXCAVATION SIDEWALK SQ.FT. SIDEWALK ASSESS- SENT BRINE- WAY SQ.FT. EDGES ABUT. CURBS S T A P L E S S T R E E T 1. Robert C. Cameron Central Wharf & Warehouse 13 9 & 10 90.00 90.00 263.80 542.08 180.12 121.3E 69.79 74.00 9.46 523.17 2. Geo. J. Stein " 13 11 50.00 50.00 146.56 174.58 58.01 184.3E 106.03 25.00 3.20 313.80 ,� 3' John H.,Herman W. & Arno W. Behmann Est. " 13 12 50.00 50.00 146.56 160.00 53.16 79.3E 45.64 245.36 4. P. E. Gne r 13 13 50.00 50.00 146.56 160.00 53.16 79.36 45.64 245.36 ; 5. Mrs. Gulie M.Mertine if 13 14 50.00 50.00 146.56 160.00 53.16 79.3E 45.64 245.36 t� 6. Carmen Matta Chavara " 13 15 50.00 50.00 146.56 160.00 53.16 79.36 45.64 245.36 7. Mrs. J. Hendricks 13 16 50.00 50.00 146.56 200.00 66.45 -o- -0- 213.01 -, - - -' KING S BEET • Churuh of Jesus Chriqt of Later Central Wharf & Warehouse Day Saints 12 9 & 10 100.00 100.E 293.12 400.E 132.91 -0- -0- 426.03 19. Asastacia Lamas 12 11 & 12 100.00 100.00 293.12 360.00 119.62 79.36 45.64 458.38 10. Mrs. Lois Rutledge 12 13 50.00 50.00 146.56 160.00 53.16 , 79.36 45.64 24 11. Silas Correa If 12 14 50.00 50.00 146.56 160.00 53.16 79.36 45.64 245.36 TYPE OF IMPROVEMENT: CONTRACT DATE: FINAL- NORTH SIDE OF LAREDO Concrete Sidewalks, Driveways, Curbs and STREET IMPROVEMENT STREET FROM ASSESSMENT STAPLES STREET TO TANCAHUA Sheet STREET Bur -Tex Constructors, Inc. 2 CONTRACTOR Gutters with Caliche Base, and Street Excavation 44' Face to Face of Curb ROADWAY September 17, 1960 Assessment for Curb and Gutter & Caliche Base & Gutter, and Street Excavation, per Lin. Ft. Assessment for Sidewalk per Square Foot Assessment for Concrete Driveway per Square Ft. Assessment for Curb Ties and Thickened Sidewalk Abutting Curbs, per Lin. Ft. for Curb $2:93116 $0.33228 $0.5751 $0.1278 of M PROPERTY OWNER NAME OF ADDITION BLOC LOT LENGTH ABUT. PROP. LIN.FT. OF CURB AND GUTTER, CALICHE BASE APED FXCAVATTON ASSESSMENT CURB & GUT- TER, CALICHE BASE AND EXCAVATION SIDEWALK SQ.FT. SIDEWALK ASSESS- MENT DRIVE- WAY SQ.FT. DRIVEWAY ASSESS- MENT LIN.FT. CURB TIES & THICK- ENID SIDEWALK EDGES ABUT. CURBS ASSESSMENT CURB TIES & THICKENED SIDEWALK EDGES ABUT. CURBS TOT. ASSESS- TENT AFr'ORE ADJUSTMENT ASSESSMENT ADJUSTMENT TOTAL ADJUSTED ASSESSMENT 12. Mrs. Grace M. _;ui•:i5 Central Wharf & Warehouse 12 15 & 16 100.0Q 100.0C 293.12 400.0( 132.91 -0- -0- 426.03 C A R R I Z O S T R E E T 1 13. A. T. Barton Est. g 6 x. 7 2nn 0c 200 0r 586 23 760 OC 2'2. 79 36 45 64 r� 884 4 40 14. Antonio Martinez n 9 8 49.6 49.6o 145.38 158.40 52.63 79.36 45.64 24 6 3 5 — y 15. r.T .Echols ,, 9 9 49.6 49.60 145.38 198.4c 65.92 -0- -o- 211.30 / v/ T A N C A H U A S T R E E T 1 e TYPE OF IMPROVEMENT: • CONTRACT DATE: FINAL STREET SOUTH SIDE OF LAREDO STREET Concrete Sidewalks, Driveways, Curbs and IMPROVEMENT ASSESSMENT FROM STAPLES aria= TO TANCAHUA - Inc. Sheet 3 STREET Thur -Tex Constructors, CONTRACTOR 6 Gutters with Caliche Base, and Street Excavation 44' Face to Face of Curb ROADWAY September 17, 1960 Assessment for Curb and Gutter & Caliche Base for & Gutter, and Street Excavation, per Lin. Ft. Assessment for Sidewalk per Square Foot Assessment for Concrete Driveway per Square Ft. Assessment for Curb Ties and Thickened Sidewalk Abutting Curbs, per Lin. Ft. Curb 0� $0.5751 $0.1278 PROPERTY OWNER NAME OF ADDITION BLOCK LOT LEN1R ABUT. PROP. LIN.FT. OF CURB AND GUTTER, CALICHE BASE AND EXCAVATION ASSESSMENT CURB & GUT- TER,CALICRE BASE AND EXCAVATION SIDEWALK SQ.FT. SIDEWALK ASSESS- MEET DRIVE- WAY 6Q. FT. DRIVEWAY ASMFSS- MENT LIN.FT. OM TIES & T Ct EKED SIDEWALK ABUT. ASS CURB TIES & THICKENED SIDEWALK EDGE ABUT. CURBS TOT. ASSESS- MENT BEFORE ADJUSTMENT ASST TOTAL ADJUSTED AS31NT' STAPLES 3 T R E E 9 16. Herman W. and Arno W. Bebmann Central Wharf & Warehouse 14 6, 7 & 8 140.00 140.00 410.36 947.08 314.70 93.36 53.69 128.00 16.36 79',-,1 17. John 0. Murphy Central Wharf & Warehouse 14 4 &5 100.00 100.00 293.12 400.00 132.91 0 0 426.03 18. G. N. Jones Central Wharf & Warehouse 14 3 50.E 50.00 146.56 160.00 53.16 79.36 45.64 245.36 19. J;or...ny 1._at. ire Central Wharf & Warehouse 14 1 &2 100.00 100.00 293.12 360.00 119.62 79.36 45.64 458.38 K I N G S T R E E T 20. Pablo Hinojosa Central Wharf & Warehouse 11 4 50.00 50.00 146.56 200.00 66.46 0 0 213.02 pj 21. Leo Vlahos Central Wharf &Warehouse 11 3 50.00 50.00 146.56 160.00 53.16 79.36 45.64 245.36 ,- 22. Dorthy C. Mavity Central Wharf & Warehouse 11 2 50.00 50.00 146.56 152.00 50.51 93.36 53.69 250.76 t�--- 23. :Ernest M. Trevino Central Wharf & Warehouse 11 5 50.00 50.00 146.56 160.00 53.16 79.36 45.64 245.36 -_ 24. C. H. Joseph Central Wharf 11 6 50.0o 50.00 146.56 160.00 53.16 79.36 45.64 245.36 j 5. P. H. Guenburg Central Wharf & Warehouse 11. 7 50.00 50.00 146.56 160.00 53.16 79.36 45.64 245.36 ,V;>.------ 26. Sva:f;clinc De1o.= Lr `'238, Central Wharf WarehousQ 11 8 &9 100.00 100.00 293.12 400.00 132.91 0 O 426.03 TYPE OF IMPROVEMENT: CONTRACT DATE: MALL_ STREET SOUTH SIDE OF LAREDO STREET Concrete Sidewalks, Driveways, Curbs and IMPROVEMENT ASSESSMENT FROM STAPLES STREET TO TANCAHUA STREET Ror -Tea Constructors, Inc. Sheet 4 CONTRACTOR Gutters with Caliche Base, and Street Excavation W Face to Face of Curb ROADWAY September 17, 1960 Assessment for Curb and Gutter & Caliche Base for & Gutter, and Street Excavation, per Lin. Ft. Assessment for Sidewalk per Square Foot Assessment for Concrete Driveway per Square Ft. Assessment for Curb Ties and Thickened Sidewalk Abutting Curbs, per Lin. Ft. Curb $2.93ll6 3322 $0.5751 $0.1278 iy PROPERTY OWNER NAME OF ADDITION BLOCK LOT LENGTH ABUT. PROP. LIN.FT. OF CURB AND GUTTER, CALICHE BASE AND EXCAVATION ASSESSMENT CURB & GUT- TER,CALICHE BASE AND EXCAVATION SIDEWALK SQ.FT. SIDEWALK ASSESS- MENT - - DRIVE- WAY SQ.FT. DRIVEWAY ASSESS- MENT LIN.FT. CURB TIES & THICK- EKED SIDEWALK EDGES ABUT. CURBS ASSESSMENT CURB TIES & THICKENED SIDEWALK EDGES ABUT. CURBS TOT. ASSESS- MENT BEFORE ADJUSTMENT ASSESSMENT TOTAL ADJUSTED ASSESSMENT C A R R I Z O S T R E E 7 27. Elizabeth Gerard May Central Wharf & Warehouse 10 1 145.58 145.58 426.72 582.32 193.49 0 0 620.21 ` 28. Nora Lee Wilson Central Wharf & Warehouse 10 6 134.70 134.70 394.83 538.80 179.03 0 0 573.86 T A N C P H U A S T R E I T TYPE OF IMPROVEMENT: CONTRACT DATE: FINAL NORTH SIDE OF AGNES Concrete Sidewalks, Driveways, Curbs and . STREET IMPROVEMENT STREET FROM ASSESSMENT STAPLES STREET TO CARANCAHUA Sheet STREET Bur -Tex Constructors, Inc. 5 CONTRACTOR Gutters with Caliche Base, and Street Excavation 44' Face to Face of Curb ROADWAY September 17, 1960 Assessment for Curb and Gutter & Caliche Base for & Gutter, and Street Excavation, per Lin. Ft. Assessment for Sidewalk per Square Foot Assessment for Concrete Driveway per Square Ft. Assessment for Curb Ties and Thickened Sidewalk Abutting Curbs, per Lin. Ft. Curb $2 93116 $0 T6-377.- $0.1278 o z PROPERTY OWNER NAME OF ADD1'T10Ii BLOC LOT LENGTH ABUT. PROP. LIN.FT. OF CURB AND GUTTER, CALICIIE BASE AND ECCAVAT -rN ASSESSMENT CURB & GUT- TER, CALICIIE BASE AND EXCAVATION SIDEWALK SQ.FT. SIDEWALK ASSESS- MENT DRIVE- WAY SQ.FT. DRIVEWAY ASSESS- MENT LIN.FT. CURB TIES & THICK- ENED SIDEWALK EDGES ABUT. CURBS ASSESSMENT CURB TIES & THICKENED SIDEWALK EDGES ABUT. CTTRTIR TOT. ASSESS- MENT BEFORE ADJUSTMENT ASSESSMENT ADJUSTMENT TOTAL ADJUSTED ASSESSMENT STAPLES S T:R E E T 29. eL_t W. of Lac 1 .f L.'__ 1,2,3 4 85 129.08 129.08 378.35 '1.52.26 249.96 186.72 107.38 105.08 13.43 749.12 Frank Breslau Chamberlain 7 30. M. G. Ellis 7 Wi78 62.5 62.5 183.20 190.00 63.13 119.04 68.46 314.79 31. F. W. Burnside 7 Ei 8 9 -10 62.5 62.5 183.20 230.00 76.42 39.68 22.82 282 45 32. Joe Dunlap 7 11 -12 13 75.0 75.0 219.84 260.00 86.39 79.36 45.64 351.87 3?,. Clara N. Johnson If 7 14 -15 21 .84 00.00 ••.68 -0- -0- 1•- 2 i K I N G S T R E E T 34. Marcus E. Lindsey Chamberlain 1,2 -, 3 & 4 35. Marcus E. Lindsey Schatzel Tr. Wet Portion 225.00 225.00 659.51 900.00 299.05 -0- -0- 958.56 s� J 36. W. H. Gibbs Schatzel Tr. WEst Portion 175.00 175.00 512.95 628.00 208.67 135.3E 77.85 799 47' C A R R I Z O S T R E E T ' it' 37' Ella E. Clark Park Place 1 -A 7 123.00 123.00 360.52 492.00 163.48 -0- -0- 524.00 ,!G° 38. Brig.Gen. M.B. Bell " " 1 -A 5 116.4 116.4 341.19 465.60 154.71 -0- -0- 495 90 • FINAL STREET IMPROVEMENT ASSESSMENT NORTH SIDE OF AGNES b1UEET FROM STAPLES STREET TO CARANCAHUA STREET TYPE OF IMPROVEMENT: Concrete Sidewalks, Driveways, Curbs and Gutters with Caliche Base, and Street Excavation CONTRACT DATE; September 17, 1960 Sheet 6 Bur -Tex Constructors, Inc 44' Face to Face of Curb Assessment for Curb and Gutter & Caliche Base for Curb & Gutter, and Street Excavation. per Lin. Ft. Assessment for Sidewalk per square Foot Assessment for Concrete Driveway per Square Ft Assessment for Curb Ties and Thickened Sidewalk Abutting Curbs, per Lin. Ft. CONTRACTOR ROADWAY $2.93116 $0.33228 $0.5751 $0.1278 PROPERTY OWNER NAME OF ADDITION BLOCK LOT LENGTH ABUT. PROP. LIN.FT. OF CURB AND GUTTER, CALICHE BASE AND �XCAVATTOIj ASSESSMENT CURB & GUT- TER, CALICHE BASE AND EXCAVATION SIDEWALK SIDEWALK SQ.FT. ASSESS- MENT LIN.FT. CURB ASSESSMENT DRIVE - DRIVEWAY TIES & THICK- CURB TIES & TOT. ASSESS - WAY ASSESS- ENID SIDEWALK THICKENED MENT BEFORE SQ.FT. MENT EDGES ABUT. SIDEWALK ADJUSTMENT CURBS EDGES ABUT. CURBS ASSESSMENT ADJUSTMENT TOTAL ADJUSTED ASSESSMENT TAN e A H U A S T R E ILT 39. Kenneth R. Darrah Brayton 2 6 136.27 136.27 399.43 545.08 181.12 -0- -0- 580 55 • 40. Roy 0. Crocker 2 3 135.22 135.22 396.35 540.88 179.72 -0- -0- 576.07 C A RAN C A H U A • SOUTH SITE OF Concrete Sidewalks, Driveways, Curbs and FINAL . STREET AGNES STREET IMPROVEMENT FROM STAPLES ASSESSMENT Sheet TO CARANCAHUA STREET Bur -Tex Constructors, Inc. 7 TYPE OF ERROVEMENT: CON'T'RACT DATE: S'TREE'T' CONTRACTOR Gutters with Caliche Base, and Street Excavation 44' Face to Pace of Curb ROADWAY September 17, 1960 Assessment for Curb and Gutter & Caliche Base for & Gutter, and Street Excavation, per Lin. Ft. Assessment for Sidewalk per Square Foot Assessment for Concrete Driveway per Square Ft. Assessment for Curb Ties and Thickened Sidewalk Abutting Curbs, per Lin. Ft. Curb $2.93116 $0.33228 $0.5751 $0.1278 c; mi PROPERTY OWNER NAME OF ADDITION BLOCK LOT LENGTH ABUT. PROP. LIN.FT. OF CURB AND GUTTER, CALICHE BASE AND EXCAVATION ASSESSMENT CURB & GUT- TER, CALICHE BASE AND EXCAVATION SIDEWALK SQ.FT. SIDEWALK ASSESS- MENT DRIVE- DRIVEWAY WAY SQ.FT. ASSESS- LIN.FT. CURB TIES & THICK- EKED SIDEWALK ASSESSMENT CURB TIES & THICKENED SIDEWALK EDGES ABUT. CURBS TOT. ASSESS- MENT BEFORE ADJUSTMENT ASSESSMENT ADJUSTMENT TOTAL ADJUSTED ASSESSMENT • MEAT EDGES ABUT. CURBS S T A P L E S S T R E E P 41. Joe W. Johnson Jack Miller 80.00 234.49 600.00 199.37 -0- -0- 80.00 10.22 444.08 Chamberlain (Lot W.oi &WJ 9.14' Iot 1-V80.00 n' i STREET IMPROVEMENT ASSESSMENT Sheet 8 ; :FINAL SOUTH SIDE OF AGNES STREET FROM STAPLES STREET TO CARANCAHUA STREET Bur -Tex Constructors, Inc. CONTRACTOR P TYPE OF IMPROVEMENT: Concrete Sidewalks, Driveways, Curbs and 44 race to Face of Curb ROADWAY Gutters with cliche Base, and Street Excavation Assessment for Curb and Gutter & Caliche Base for Curb CONTRACT DATE: September 17, 1960 & Gutter, and Street Excavation, per Lin. Ft. $2.93116 for Sidewalk Square Foot $0.33228 Assessment per Assessment for Concrete Driveway per Square Ft. 075775T- Assessment for Curb Ties and Thickened Sidewalk Abutting Curbs, per Lin. Ft. $0.1278 PROPERTY OWNERS NAME OF ADDITION BLOCK LOT LENGTH ABUT. PROP. LIN.FT. OF CURB AND GUTTER, CALICHE BASE AND Rxl:vATTON ASSESSMENT CURB & GUT- TER, CALICHE BASE AND EXCAVATION , TANCJkHUA SIDEWALK SQ. FT. SIDEWALK ASSESS- MEND STREET DRIVE- WAY SQ.FT. DRIVEWAY ASSESS- MENT LIN.FT. CURB TIES & THICK- EKED STALK EIS ABUT. CURBS ASSESSMENT CURB TIES & THICK SIDEWALK EDGES ABUT. - CURBS TOT. ASSESS- VENT BEFORE ADJUSTMENT ASSESSMENT ADJUSTMENT —- TOTAL ADJUSTED ASSESSMENT 50. C.E. Munson Doddridge 1 5 134.22 134.22 393.42 536.88 178.40 -0- -0- 571.82 51 Kaefie Properties 1 4 137.17 137.17 402.07 548.68 182.32 -0- -0- 584.39 C A R A T C A H U A S T R"T E T TOTAL ASSESSMENTS TO PRIVATE OWNERS 22,C- . _ TOTAL $41,159.70 . CONTRACT FRTCR ASSESSMENTS TO P) TVATE PROPERTY OWNERS 22,014.70 CITY'S PORTION $19,145.00 1 . • • SECTION 4. BRIT FURTHRR•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 leas than the number of feet hereinabove stated, then, as to that portion of the assessment set out above assessed by reason of curb and gutter, caliche base and excavation, 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 of frontage -shall bear to the whole number of front feet of property actually im- proved in accordance with the front -foot rate of assessment here- in adopted, it•being the intention that each parcel of property and the real..and true owner or owners thereof, abutting on Laredo Street and upon Agnes`: Street, within the limits above defined, shall pay for said improvements under the "FRONT FOOT RULE OR PLAN ", which rule or plan is hereby found and determined to be just and equitable and to produce a substantial equality, hav- ing in view of the special benefits to be received. and the bur- dens imposed thereby; and, as to those portions of the total as- sessment herein .set out by reason of sidewalks and driveways, the Council having determined that to assess against abutting property and owners thereof the part of the cost of improvements apportioned among the parcels of abutting properties and owners thereof in accordance with the front foot plan or rule would re- sult in injustice or any or any quality, the assessment against each parcel of property and the real and true owner or owners thereof shall be based upon the number of square feet of side- walk and the number of square feet of driveway to be constructed -12- • • • in front of the abutting property; which rule or plan as to such improvements is found hereby to be just and equitable and to produce a substantial quality having in view the benefits to be received and the burdens imposed thereby; and as to those portions of the total assessment herein set out by reason of curb ties and thickened sidewalkcedges, abutting curbs, the Council having determined that to assess against abutting pro- perty and owners thereof the part of the cost of improvements apportioned among the parcels of abutting properties and owners thereof in accordance with the front foot plan or rule would result in injustice or any quality, the assessment against each piece of property and the real and true owner or owners thereof shall be based upon the number of lineal feet of curb ties and iiiickened- sidewalk edges abutting curbs; which rule or plan as to such improvement is found hereby to be just and equitable and to produce a substantial equality, having in view the bene- fit to be received and the burdens imposed thereby; and it is further ordained that upon final completion and acceptance of said improvements on said Agnes Street and Laredo Street, all certificates hereinafter provided for, issued to evidence said assessments against said parcels of property abutting upon said street, and.the real and true owner or owners thereof, shall be issued in accordance with the rules set out hereinabove and shall evidence the actual frontage of said property, the square footage of sidewalk and driveway, the lineal footage of curb ties and thickened curb edges, and the actual cost of said im- pruvements, 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, square -13- • footage, or lineal footage over the amount hereinabove stated, such actual cost and such actual number of front feet, square feet or lineal feetage, if different from that hereinabove shown in Section 3 hereof, to be determined by the Director of Public Works upon completion of said work on Agnes Street and Laredo Street 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 abut- ting on AgnesStteet -and Laredo Street, 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 %) per annum with reasonable attorneyts fees and all costs and expenses of collection, if incurred, are hereby declared to be and 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, DECEMBER 14 , Wo , 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 enfarcible claim against the property assessed and shall be a first and paramount lien superior to all other liens, claims or title, except for lawful a& valorem taxes; and that the sums so assessed shall be payable as follows, to wit: in five (5) equal installments, the first of which will be payable on or before twenty (20) days after the completion of said improvements in the street upon which the respective property abuts, and ac- ceptance thereof by the said City Council, the four (4) remain- -14- ing 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 (5 %) 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 Bur -Tex Construc- tors, Inc. -, or its assigns, be, and become immediately date and payable and shall be collectible - together with reasonable at- torney's fees and all costs and expenses of collection if incur- red. SECTION 6. 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 Bur -Tex Constructors, Inc., shall look solely to such property and the areal 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 Bur -Tex Constructors, Inc., valid assessments and assessment certificates and shall exer- cise all of its lawful powers and aid. in the enforcement -and collection of -said liens and assessments; and if default shall -15- 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 en4orsed at the - option of Bur -Tex Constructors, Inc., or its 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 as- sessed against. the said parcels of property and the real and true owner or- owners thereof, and the time and terms of pay- ment, and to aid in the enforcement thereof, assignable cer tificates shall be issued by the. City of Corpus Christi, Texas, to Bur -Tex Constructors, Inc., upon .the completion of said im- provements in said street and acceptance thereof by said City Council, which certificates shall. be executed by the Mayor in the name- of the City, attested by theCity Secretary -with the corporate seal' of said City, and which certificate shall de- clare the amounts of said assessments and the times and terms thereof, the rate of interest thereon, the date of the comple- tion and acceptance of the' improvements for which the certifi- cate 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 shal.1 be owned by an estate or firm, then to so state the fact -shall be sufficient and no error or mistake in describing such property or in giving the name of any owner or owners, or otherwise, shall in any wise -16- • • invalidate or impair the assessment levied hereby or the certifi- cate issued in. evidence thereof. That the said certificates shall further provide sub- stantially that if default shall be made in the payment of any installment of principal or interest when due, then at the option of Bur -Tex Constructors, Inc.,. or their.-assigns, or the holder thereof, the whole of said assessment evidenced thereby shall at once become due and payable, and Shall be collectible with rea- sonable attorney's fees and all expenses and costs of collection if incurred, and said certificate shall set forth and evidence the personal liability of the real and true owner or owners of such property, 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 char- ges, except for lawful ad valorem taxes, from and after the ,date said improvements were ordered by said City Council, to wit; DECEMBER 114 , 19)60 , and shall provide in effect that if default shall be made in the payments thereof, the same may be en}oraed, at the option of Bur -Tex Constructors, Inc., or their assigns, by the sale of the property therein described in the manner provided for the collection of ad valorem taxes as above recited, or by suit in any. Court having Jurisdiction. That said certificates shall further recite in effect that all the proceedings with reference to making said improve- ments 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 liabbility of the -17- real and true owner or owners thereof, evidenced by such cer- tificates, have been regularly done and performed, which reci- tals shall be evidence of all the matters and facts sa 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 therms. It shall not be necessary that said certificates shall be in the exact form as above set forth, but the substance and effect thereof shall suffice. SECTION 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 des- cribed, 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 any wise invalidate Or impair any assessment levied hereby or any certificate issued, and such mistake, or error, invalidity or irre arity whether in such assessment or in the certifi- cate issued in evidence thereof, may be, but is not required to- be, to be enforcible, corrected at any time by the said City -18- Council of the City of Corpus Christi, Texas. Further, that the omission of said improvements in front of any part or par- cel of property abutting upon Agnes Street or Laredo 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 street; and that the total amounts assessed against the respective parcels of property abutting upon said street, within the limits herein defined, and the real and true owner or owners thereof,are the same as, or less than, the estimates of said assessments pre- pared 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 assess- ments therefor, and with the terms, powers and provisions of said Chapter 106 of the Acts of the First - Called Session of the 40th Legislature of the State of Texas, known as Article 1105 -b 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 assess- ments were had and made by said City - Council. SECTION 9. The .fact that Agnes Street and Laredo Street have become an important. thoroughfare and connect im- portant thoroughfares -and the fact that the present condition of the streets is dangerous to the health and public welfare of the inhabitants thereof creates. a public emergency and an imperative 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, -19- and the Mayor having declared that ouch emergency and imperative public necessity - e>ists, and having requested 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 APPROVED this the /� s ^daq -cif 19 Mayor City City Secr APPROVED AS TO LEGAL FARM 0-0/ City At r ti, mull CORPUS CHRISTI, TEXAS TO THE MCMBERS 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 ORD INANCE OR RESOLD■ 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; 1, THEREFORE, HEREBY 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. THE CHARTER RESPECTFULLY, • MAYOR THE CITY 'PUS CHRISTI, TEXAS RULE WAS SUSPENDED BY THE FOLLOWING VOTE: ELLROY KING JAMES L. BARNARD MRS. -RAY AIRNEART JOSEPH B. DUNN PATRICK J. DUNNE R. -A. HUMBLE GABE LOZANO, BR. - THE ABOVE ORDINANCE WAS PASSED BY THE FOLLO FIND VOTE: ELLROY KING JAMES L. BARNARD MRS. RAY AIRNEART JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GABE LOQANO, SR.