HomeMy WebLinkAbout06419 ORD - 01/31/1962ORDINANC1 "NO,
AN ORDINANCE LEVYING.A$$ESSMENTS AGAINST VARIOUS, PERSONS AND THEIR PROPERTY FOR
THE PUNM 4F A ART OF THE COST OF INPROVING AND PAVING PORTIONS OF THE FOLLOW-
ING STREETS AND PORTIONS 1120MOF IN THE CITY OF CORPUS CHRISTI, TEXAS,
T0-WIT; 1- Fourteenth Street, from Buford Street to Craig Street to be improved
with eight ( nch ckness compacted csliche base with one 1 inch thickness
hot -mix asphaltic concrete surface, concrete curbs, gutters and sidewalks, and re-
inforced concrete driveways where specified, so that roadway width will be 30 feet
face to face of curb.
2. Power Street, from Oso Street to�encahua Street, to be improved with
seven (7) inch esa s ze c y su are, rour k4) inch thickness com-
pacted caliche base, four (4) inch thickness hot -mix asphaltic concrete base and sur-
face, concrete curb and gutters and driveways where specified, so that roadway will
be 37.5 feet from face to face of curb.
PROVIDING FOR THE TIME WHEN SUCH ASSESSNIFd'S BECOME DUE AND PAYABLE, THE RATE OF .
ST, AND FIXING A CHARGE AND LIEN AGAINST SAID PROPERTY AND K4MNG SAID CHARGE
A VLkWWVLL LI BU,= OF THE PROPERTY,O�MMS OWNING PROPERTY ABUTTING ON SAID
STREETS , AND PROVIDING FOR THE COLLECTION THEREOF; AND DECLARING
WHEREAS, heretofore, as ordinance was duly adcp'ced by the City Council ordering
the improvements of
1. Fourteenth Street from Buford Street to Craig Street; and,
2. Power Street from Oso Street to Tancahua Street.
by filling, raising, grading and paving same; and,
WHEREAS, pursuant to said ordinance, specifications were prepared for said work
by the Director of Public Works, filed with said Council, examined, approved, and
adopted by it, all as required by applicable law; and,
WHEREAS, thereafter in compliance with the law the Director of Public Works
prepared his statements or lists showing the names of property owners upon said
streets , the description of their property, the total cost of
he said improvements, the cost thereof, per front foot and the cost of each
property owners, said statements possessing all the other requities required by
law; and,
WHEREAS, thereafter the said statements were filed with the City Council and
by them examined and approved and an ordinance was passed by said Council deter-
mining the necessity of making an assessment for part of the cost of said pavement
against property owners and their property, and fixing a time and providing for a
hearing to such property owners, their agents, or attorneys, all in accordance
with the terms of applicable law, at which hearing said owners were to be heard as
to the benefits of the said improvements to their property, as to any error or in-
validity in said proceedings, or to any matter or thing connected with the said
improvements; and,
WHEREAS, the said ordinance in connection with the improvement of said
streets was duly adopted in compliance with the law on the 70TH
ey of JAMIAGV , 19—.(a—; and,
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WHEREAS, thereafter, in accordance with the terms of the law, the City
Secretary of the City of Corpus Christi gave notice to the property owners on said
streets ' their agents and attorneys, of said hearing, by publish-
ing a copy of said ordinance in the Corpus Christi Times , a daily paper of general
circulation in the City of Corpus Christi, for three successive days prior to the
days set for the hearing, to wit, the 16, 23, 30 day of January , 19 62
and the City Secretary also gave notice of said hearing by posting registered or
certified letters containing the same to said property owners, their agents and
attorneys, ten days before the said hearing; provided, however, that any failure
of the property owners to receive said notices shall not invalidate these pro-
ceedings; and,
WHEREAS, said hearing was had at the time and place mentioned in the said
ordinance and notice, to wit, on the 31 day of January , 19 62 ,
at 3.00 o'clock P.M. at the Council Chamber in the City Hall of the City of
Corpus Christi, Texas which hearing was j HELD ON
wW the 31sT day of JANUARY , 19 62 and was then closed, and,
WHEREAS, at said hearing, all desiring to contest the said assessments,
correct the same, or in any manner be heard concerning the benefits thereof, or
in any other matter, were heard, and errors and all matters of error or mistake
or inequalities or other matters requiring rectification which were called to the
attention of the Council were rectified and corrected;
Now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS; THAT,
SECTION 1. That the action of the City Council closing the hearing and
overruling the protests at the public hearing on the 31 day of January ,
19 62 , in these proceedings is hereby ratified and confirmed by this ordinance.
That the City Council, from the evidence, finds that the assessments herein levied
should be made and levied against the respective parcels of property abutting upon
the streets hereinbelow mentioned and against the owners thereof, and
tha —such assessments and charges are right and proper, and are substantially in
proportion to the benefits to the respective parcels of property by means of the
improvement in the unit or district for which such assessments are levied, and
establish substantial justice and equality and uniformity between the respective
owners of the respective properties and between all parties concerned, considering
the benefits received and burdens imposed, and further finds that in each case
the abutting property assessed is specially benefited in enhanced value to the said
properties by means of the said improvements in the unit or district upon which
the particular property abuts, and for which assessment is levied and charge made,
in a sum in excess of the said assessment and charge made against the same by this
ordinance, and further finds that the apportionment of the cost of the improvements
is in accordance with the law in force in this City and the proceedings of the
City heretofore had with reference to said improvements and is in all respects
valid and regular.
SECTION 2. There shall be and is hereby levied and assessed against the
parcels of property hereinbelow mentioned, and against the real and true owners
thereof (whether such owners be correctly named herein or not), the sums of money a
below mentioned and itemized shown opposite the description of the respective par-
cels of property, and the several mounts assessed against the same, and the owners
thereof, as far as such owners are known, being as follows;
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STREET D'ROVEMENT ASSESSMM
1. Fourteenth Street - from Buford Street to Craig Street, to be improved in
the following manner - excavation to a width two (2) feet behind curb line,
eight (8) inch thickness compacted caliche base and one (1) inch thickness
hOt-mix asphaltic concrete surface, concrete curbs and gutters, four (4)
feet wide four (4) Inch thickness concrete sidewalks and six (6) inch thick-
ness reinforced concrete driveways where specified, so that roadway width
will be 30 feet from face to face of curb.
2. Power Street, from Tancahua Street to Oso Street, to be excavated to a width
two (2) feet behind curb line, seven ('j) inch thickness lime stabilized clay
sub -base, four (4) inch thickness compacted caliche base, four (4) inch
thickness hot -mix asphaltic concrete base and surface, concrete curbs and
gutters, and six (6) inch thickness reinforced concrete driveways where
specified, so that roadway width will be 37.5 feet face to face of curb.
J. Contractor for project is Fowco Construction Company.
4. Rates on assessment for project are as follows:
a. Property zoned and used R -1 or R -20 Curb & Gutter & Pavement 5.66 p.l.f.
b. Property zoned and used other than R -1 or R -2, Curb & Gutter
and lavement er
10.21 p.1.P.
c. Property zoned and used other than R -1 or R -2, with curb
and gutter in place
8.05 p.l.f.
d. V wide, 4" inch thickness concrete sidewalk
i 1.56 p.l.f.
•. 6 lash thictdu reWoroed emerete drIvemw # 0.91 p.e.f.
FINAL SMUT IWROVF2.TN_AS�SSMENT - -- Sheet 1
'VEST SIDE `OF llitl, STREET _ CWIG STREET'20 B4,oRD STREET
i'tER & 'ROpERIfy iQI:;CPl[ 1'IONA DESCR
0 L'1'ION
ASSESSED
I --
T'E
CRAIG STR. RA
0. Hickman
ut 7 & 81 Block 2, Bayview #3
5 10U% assessed
T. D. W i>il:erton
! ui. 6, Blo •k ., Buyview #3
' .6.25 i0U% assessed
,
I is •r:r Garza
u s 4 & 5, Block 2, Buyview #
50 10u� assessed
M. Hiao.joca
art 01' Lot 2, Ali of Lot 3, B .x!k L,
JAEI. -iew #3 - 6y.375 1" assessed
!scar irrza
art of Lut ^, All of l,et 1, Muck
1uu vlew #3, 69.375 lu' % assessed
i
12:ST SME 14th STRIR',9'
M. P. Bradley
Iots 9 F: 10, Block 8, Bayview #<
!
, -'•50 - 66% assessed
G. W. Falcon
Let 11, Bluck 8, Ba•yview #2
+b.25 I" ussesced
)T. G. Martinez
i Lot 1[', Block 8, Bay view •#
i' +6.25 IOU% assessed
I
Uscar Garza
huts 13 & 11,, Block 6, Bh• view j['2
r .5u lof)% ussessed
i
vmt. C• &. G I $ 5.66
idewalk 370sf. 0. -14
C & G 1$ 5.661 $'61.'(8
walk 185 e.f, 0.391 72.15
mt. C &'G {$ 5.6E $5-'3.55
dewulk 370 si•U 0.39 144.30
t. C F: G j $ 5.66
idewalk'245.5si'1 0.39
r_veway 128.88 0.91
1
'vmt. C & G 1$ 5.66
I $392.66
95.'(5
117.28
$392.66
idewalk 245.5sff 0.39
95.75
r i vewa., 228.88 !
t
11'(.28
I
�,mt. C & G $ 5.66
$345.95
idewalk 370 a.i�. 0.39
144.30
I
nnt. C & G $ 5.66
$'61.73
idewals 153 s.:Q. u.39
5 •67
r i vewa.v 145 • •(6 0.91
132.64
G $ 5.66
$261.78
idewalk 153 s.f. 0.39
59.67
I
riveway 145.76 0.91
132.64
i
Pvmt. C & G 1$ 5.66
$523.55
Sidewalk 338 s.f.� 0.39
131.&
)rlveway 115.76 0.91
I
132.64
T-)7Ai.
AMOUNT
AS:'ESSEP
$66•(.x,', ✓
$6)5.6) ✓
$b05.69 d'
$49U • - /
$454.(j-,
y FINAL.., . S'1�EET fi MQVEXM A9WM= Sheet 2
-T SIDE OF 14th STANET - CRAIG snM TD mwol� STREET
ITM
WANTITY
DI =IPTma
TOTAL
NO.
OWEM & FFIOPFR TT DESCRnMON
AjWjMM
RAM
AID=
AM7UNT
10.
Antonio ADarca
Lot 15, Block 8, Bsyviev #2
46.25 100% assesses
r.mt. C & G
Sidevalk 153 of
Drivevey 145.76
$5.66
0.39
0.91
$261.78
59.67
132.64
$454.09
11.
Mrs. C. N. Pearce
Lot 16, Block 8, Bayviev #2
46.25 100% assessed
Pvmt. C & G
8idevalk 185 of
$5.66
0.39
$261.78
72.15
$333.93
14th
$5,855.47
,l, -- -- FIlYAL
_ $TF?- .d1�'R9l'�t�L1�_ASSESSMEIY�
Sheet 3
I'OilER STREET
- IANC!•HUA S-IIMT TO OSO STREET
t,UANTITY
DESCRIPTION OF
:rtt�t & PROPERTY DESCRIPTION
ASSESSED
ASSESSMENT
RATE AMOUNT
ASSESSED
- r — - - - -- - -
- -- - ---
--
{
ANCAHUA STF
MT
1-sing braslau
'avement Only
$8.05 $2 415.06
uts 1 8, P, Block hL, Beach Portion
*2,415.0G
f o, J(30% assessed
o;;o STREM
I4
i
SOU'!'$ SIDE POWER
STREET
Ti!'II�Ai UA STR
MT
�;. il. 5- -hwarz 8. J. Hirsch
'evemcuL C 8a G
$10.21 $1,531.50
6, F.io,!k 34, Beach rortion
$1,5i1.5i'
!i I',0$ assessed
F• L-A, Texas Materials Ccmpany
avement C 8! G
$10.21 $1,531.50
;it 7,Block 34, Bench Portion
riveway 96 o.f.
0.91 87.36
QUO'% assessed
$1,618.36
i
.2 -7
IOWER STREET TOTIL
ASSES NT
$5,565.36
ROJECT TOTAL KESESSMrS
$ii,420-83
t
!'i',ol-1 PROJECT BID PRICE
±4,4 4.2>
, i'>'1'AL PROTECT ASSESSMENTS
11,4PU.(33
i
-iiY'S PORTION
5 3,073.42
SECTION 3. Where more than one person, firm or corporation owns an interest
in any property above described, each said person, firm or corporation shall be
personally liable only for its, his or her pro rata of the total assessment
against such property in proportion as its, his or her respective interest bears
to the total ownership of such property, and its, his or her respective interest
in such property may be released from the assessment lien upon payment of such
proportionate a=.
SECTION 4. The several sums above mentioned and assessed against the said
parcels of property and the owners thereof, and interest thereon at the rate of
five per centum (5 %) per annum, together with reasonable attorney's fees and costs
of collection, if incurred, are hereby declared to be and are made a lien upon
the respective parcels of property against which the same are assessed, and a
personal liability and charge against the real and true owners of such property,
whether such owners be named herein or not, and the said liens shall be and con-
stitute the first enforceable lien and claim against the property on which such
assessments are levied, and shall be a first and paramount lien thereon, superior
to all other liens and claims except State, County, School District and City ad
valorem taxes.
The sums so assessed against the abutting property and the owners thereof,
shall be and become due and payable as follows, to -wit, in twelve (12) equal in-
stallments, the first payable on or before thirty (30) days from the completion
and acceptance of the improvements in the unit or district upon which the property
abuts, and one (1) each month thereafter until the total amount is paid; deferred
Payments shall bear interest from the date of such completion and acceptance at
the rate of five per centum (5 %) per annum, payable monthly with each installment,
so that upon the completion and acceptance of the improvements in a particular
unit or district, assessments against such completed and accepted unit or district
shall be and become due and payable in such installments, and with interest from
the date of such completion and acceptance. Provided, however, that any owner
shall have the right to pay the entire assessment, or any installment thereof, be-
fore maturity, by payment of principal and accrued interest, and further provided
that if default shall be made in the payment of any installment of principal or
interest promptly as the same matures, than the entire amount of the assessment
upon which such default is made shall , at the option of the said City of Corpus
Christi, or its assigns, be and become immediately due and payable, and shall be
collectible, together with reasonable attorneys' fees and coats of collection, if
incurred.
SECTION 5. That if default be made in the payment of any of the said sums
hereby assessed against said property owners and their property, collection thereof
shall be enforced either by the sale of the said property by the Assessor and
Collector of Taxes of the City of Corpus Christi as near as possible in the manner
provided for the sale of property for non - payment of ad valorem taxes; or at the
option of the said City of Corpus Christi the payment of the said sum shall be
enforced by suit in any court having jurisdiction.
SECTION 6. That for the purpose of evidencing the several sums payable by
said property owners and the time and terms of payment, and to aid in the en-
forcement thereof, assignable certificates shall be issued by theCCity of Corpus
Christi upon the completion and acceptance of the said work of improvement, which
shall be executed by the Mayor, signing the same or by his facsimile signature
impressed thereon, attested by the City Secretary, under the impress of the
corporate seal, and shall be payable to the City of Corpus Christi, or its assigns,
v -SP -3 -3-
which certificate shall declare the said amounts and the time and terms of payment
thereof, and the said rate of interest payable thereof, and shall contain the name
of the owner and the description of his property by Lot or Block Number or front feet
thereof, or such description as may otherwise identify the same by reference to any
other fact, and if said property shall be owned by an estate, then the description
thereof as so owned shall be sufficient.
And the said certificates shall further provide that if default shall be
made in the payment of any installment of principal or interest thereon, when due
then at the option of the said City of Corpus Christi being the owner and holder
thereof, the whole of the said assessment shell at once become due and payable and
shall be collectible with reasonable attorney's fees and costs if incurred.
And the said certificates shall further set forth and evidence the said
personal liability of the owner and the lien upon his premises, and shall provide
that if default shall be made in the payment thereof, the same may be enforced
either by sale of the property by the T,ax Assessor and Collection of the City of
Corpus Christi, as above recited, or by suit in any court having jurisdiction.
And the said certificates shall further recite that the proceedings with
reference to making said improvements have been regularly had in compliance with
the terms of the applicable law, and that all pre - requisites to the fixing of the
lien and claims of personal liability evidenced by such certificates have been per-
formed, which recitals shall be evidence of the facts so recited and no further
proof thereof shall be required.
That the said certificates shall also provide the amounts payable thereunder
shall be paid to the Collection Supervisor of the City of Corpus Christi, who
shall credit said payments upon the said certificates, and shall immediately de-
posit the amounts so collected with the City Treasurer of the City of Corpus Christi,
And the said certificates shall further provide that the City of Corpus Christi
shall exercise all legal power, when requested so to do by the h&der:afLoWid
certificate, to aid in the collection thereof; but the City of Corpus Christi shall
in no wise be liable to the holder of said certificates in any manner for payment of
the amount evidenced by the said certificates or for any costs or expense in the
premises, or for any failure of the said City Council or any of its officers in con-
nection therewith.
Full power to make and levy reassessments, and to correct mistakes, errors,
invalidities or irregularities, either in the assessments or in the certificates
issued in evidence thereof, is in accordance with the law in force in this City,
vested in the City.
SECTION 7. All assessments levied are a personal liability and charge
against the real and true owners of the premises described, notwithstanding such
owners may not be named, or may be incorrectly named.
SECTION 8. The assessments herein levied are made and levied under and
by virtue of the terms, powers and provisions of an Act passed at the First Called
Session of the Fortieth Legislature of the State of Texas, known as Chapter 106 of
the Acts of said Session, with amendments thereto, now shown as Article 1105b of
Vernon's Texas Civil Statutes, which said law has been adopted as an alternative
method for the construction of street improvements in the City of Corpus Christi,
Texas. The City shall likewise have the power to do the improvement by its own
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forces if, in the opinion of the City Council, the work can be done more expeditiously
or economically.
SECTION 9. The fact that in order to finance these improvements in an expeditious
manner 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 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 such public
emergency and imperative public necessity to 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 ORDA Il ®.
PASSED AND APPROVED, the 31sT day of JANUARY 19 62 .
ATTEST:
P PIP
11=11-1-®RW
TEE CITY OF CORPUS CHRISTI, TEXAS
C y Sec etary
APPROVED AS TO LEGAL FORM TH THE 31ST DAY OF JANUARY 19 62
c
City Attor y
-5-
V -SP -5
CORPUS CHRIS TEXAS
ILDAY OF 19_�
TO THE 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
RESOLUTION 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 REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRODUCED,
OR AT THE PRESENT MEETING OF THE CITY COUNCIL.
RESPECTFULLY,
MAYOR
THE CITY OF CORPUS CHRIST ,TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
BEN F. MCDDNALD
TOM R. SWANTNER
DR. JAMES L. BARNARD
JOSE R. DELEON
M. P. MALDONADO
W. J. ROBERTS
JAMES H. YouMS C
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTES
BEN F. MCDONALD
TOM R. SWANTNER
DR. JAMES L. BARNARD
JOSE R. DELEON
M. P. MALDONADO
W. J. ROBERTS
JAMES H. YOUNG