HomeMy WebLinkAbout06570 ORD - 07/11/1962AN ORDINANCE
CLOSING THE HEARING GIVEN TO THE REAL AND TRUE OWNERS OF
PROPERTY ABUTTING UPON EVERHART ROAD FRO14 THE WEST
BOUNDARY LINE OF PAREDAIE DRIVE TO THE NORTHEAST BOUNDARY
LINE OF LEXINGTON BOULEVARD AS TO SPECIAL BENEFITS TO ACCRUE
TO SAID PROPERTY AND THE REAL AND TRUE O.MRS TIEREOF BY VIRTUE
OF THE IMPROVEMENT OF SAID STREET WITHIN THE LIMIITS DEFINED ,AND
AS TO ANY ERRORS, AND INVALIDITIES OR IRREGULARITIES IN ANY OF
THE PROCEEDINGS OR CONTRACT THEREOF, OVERRULING AND DENYING ALT,
PROTESTS AND OBJECTIONS OFFERED, EXCEPT THE CHANGES REFLECTED
HEREIN, FINDING AND DETERMINING THAT THE PROPERTY ABUTTING UPON
SAID STREET, WITIIIN THE LIMITS DEFINED, WILL BE SPECIALLY
BENEFITED AND ENHANCED IN VALUE IN EXCESS OF THE AMOUNT OF THE
COST OF SAID IMPROVEMENTS PROPOSED TO HE AND AS HEREIN ASSESSED
AGAINST SAID PROPERTY ABUTTING UPON A PORTION OF EVERHART ROAD,'
WITHIN THE LIMIITS DEFINED, AND LEVYING AN ASSESSMENT FOR THE
PAYMENT OF A PORTION OF THE COST OF IMPROVEMENTS ON SAID .STREET,
WITHIN SAID LIMITS, FIXING A CHARGE AND LIEN AGAINST THE PROPERTY '
ABUIING UPON SAID STREET AND THE REAL AND TRUE OWNERS THEREOF,
PROVIDING FOR THE ISSUANCE OF ASSIGNABLE-CERTIFICATES UPON THE
COMPLETION AND ACCEPTANCE OF SAID WORK, THE MANNER AND TIRE OF
PAYP.11ENT AND PROVIDING THE PW*MR AND PaETHOD OF COLLECTION OF
SAID ASSESSMENTS AND CERTIFICATES; AND DECLARING AN PJE_RGENCY,
WHEREAS, The City Council of Corpus Christi, Texas, by'duly enacted
ordinance passed and approved on June 20, 1962, determined the necessity for,
and ordered the improvement oji a portion of Everhart Road, witbin the limits
hereinafter defined, in the manner and according to the plans and specifications
s '
heretofore approved and adopted by the City Council by ordinance dated June
20, 1962, said portion of said street to be improved being as follows, to —wit:
Everhart Road from the West boundary line of Parkdale Drive,
to the Northeast boundary line of Lexington Boulevard;
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 improve -
1
m nts for the length of time and in the manner and form as required by the
8
Charter of said City and the laws of the State of Texas, and aftQr 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.con-
struction of said improvements to South Texas Construction Co, on their lowest
and most advantageous bid and said contract has been heretofore duly executed by
said City of Corpus Christi and South Texas Construction Co, and is dated
June 13, 1962 and the performance bond required by said contract has been
6570
properly furnished by said South Texas Construction Co., 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,t
WHEREAS, 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 a portion of Everhart Road, 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 approved by said City Council; and,
WIMPEAS, said City Council, by duly enacted ordinance dated June 20,
1962, did determine the necessity of levying an assessment for that portion
of the cost of constructing said improvements on a portion of Everhart Road,
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 3 :00 o'clock P.M. On July 3, 1962, in the Council Chamber of the City Hall
N
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 bthers 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
I
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 hearing to the real and true owners of the property abutting
upon said street, 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 published in said newspaper at least three
times prior to the date of said hearing, the first publication of which to be
—2—
at least ten (10) days prior thereto, all as provided for in accordance with
the provisions of said City Charter and of Chapter 106 of the Acts of the
s �
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; and
WTEREAS, said City Council did further order and direct said City
Secretary, in addition to said published notice as aforesaid, which was pro-
vided to be valid and sufficient in itself, to keep on file a copy of said
Director of Public Works' Report, and include therein the listsof names of
the apparent owners, and the descriptions of said abutting property as set out
in said Director of Public Works' Report, provided, however, that thetsaid
list of apparent owners and property descriptions so included in said notice,
shall merely be cumulative of and in addition to the requirements of said
Notice as provided by the laws of the State of Tpxas, and the Charter.of the
City of Corpus Christi, Texas, and shall not in any manner be conclusive oftthe
read and true owners or of the correct descriptions of said abutting property
nor limit said notice to the properties described or to such apparent owners
named therein, but said notice shall nevertheless be directed to the real and
true owners of said abutting property, whether named or_ correctly named therein
or not, and to all,cthers claiming, owning, or interested in any manner in any
of gaid abutting property,on said street within the limits above defined.
S"1FMAS, said notice as ordered and directed by said City Coundil 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 pub-
lished in the City of Corpus Christi, Texas, on June 22, 1962, June 29, 1962,
and July 2, 1962, said notice so published being directed to the owners of
property abutting upon Everhart Poad from the {Vest boundary lind of Parkdale
Drive to the Northeast boundary line of Lexington Boulevard; and
WF.EREAS, 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 July 3, 1962, 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—
SpeoiU Meeting y
July 3; 1962
Page #5
Is a
r McDonald reconvened the meeting and announced the presence of a--
Honorable John Connally, `e7Ea emocratic Gubernatorl. te, presently visiting
the City in connection with e� of J 8 bration. Mr. Connally was pre-
sent olio key to our City by Commissioner Swantner.
Mayor McDonald announced the Council would next hold the public hearing
scheduled for 3 o'clock, p.m., on the assessments for the proposed street improvements
on Everhart Road from the intersection of Park,'-le Drive to Lexington Boulevard.
Jack Grahm, Director of Public Works, presented the plans for the Improve-
ments and the preliminary assessment roll; explained the nature, extent and-specifi-
cations of the proposed improvements; the cost of construction; the amount of cost
4k
to be borne by the City, and the amount to be assessed against the abutting property
owners; the manner in which such pro rata share was computed; the various methods of
payment of assessment; and explained that the improvements are being made on petition
of abutting property owners, filed with the Council in November 1960, for such im-
provements under this Council's Voluntary Street Improvement Assessment Program; that
full credit will be given for all existing sidewalk and driveways which must be re-
placed to`fit new grades, and a pro rata credit foriexisting curb And gutter based on
a life expectancy of 20 years will be given
n
Harold Carr testified as to his background and experience which he,felt
qualified him as a real estate appraiser for all types of properties in this,City;
testified that he had personally viewed and understood the extent and specifications
of the proposed improvements; that he had personally viewed within the past week
the assessment roll of each of the properties to be assessed; and that in his opinion, '
each of the properties so assessed would be enhanced in value at least to the extent
of the proposed assessments.
Assistant City Attorney James S. Tunnell stated the procedure for holding
the hearing would be to call the names of the property owners as they are listed on
the assessment roll and that each property owner would state his objection or approval
to any of the proposed improvements or assessments relative to his property in the
order his or her name was called. The following persons appeared;
Lee Mahoney, attorney representing Horace L. Tettleton, Kenneth E. Wallace,
Dr. Thomas York, Minnie B. Oliphant, Howard L. Dahlberg, Jesus Talamantes, Hermina M.
E
Special Council Meeting
July 3, 1962
Page #6
Talawantes and George W. Day, owners of property on Everhart Road, Items 2 thru
9, objected to the amount of the assessments, stating that the values of properties
on Everhart did not compare to that on Weber Road, that property owners on Weber
were assessed 25 percent to 50 percent of the cost of the paving and that property
owners on Everhart were being assessed 80 percent of the cost of the paving; that
he could not see the difference, and that in his opinion the property on Everhart
would not be enhanced in value the amount of the assessment.
P. K. Davis, Item No. 11, appeared but stated that he did not wish to
make a statement.
Verna Livingston, Item No. 15, objected to sidewalks being constructed
on Everhart Street for lack of sidewalk traffic and maintenance.
Herb French spoke for Maude French Smith, Item No. 20, stating that he
does not object to the paving and the curbs and gutters, but sees no use for side-
walks at the present time. He further stated that he would enter into an agreement
with the City to construct sidewalks at the time the property is platted. Further,
since the property is unplatted, how could anyone know where to put driveways.
Lloyd Si Lafave, Item No. 31, stated that improvements already exist in
front of his house and that they are entirely satisfactory; that new paving is just
an added expense; and that none of the owners abutting the two blocks on Everhart
Street which has curb, gutter and sidewalks signed the petition for this paving
project.
Aaron Cash, Item No. 32, appeared and stated that had he known that the
City was going to tear up the present pavement he would not have purchased his
property; that existing improvements are satisfactory and that he does not see how
his property could be enhanced by the new improvements.
Elmer Ray Nobles, Item No. 33, objected to destroying the existing pave-
ment.
Richard J. Hatch, attorney and former owner of Item No. 35, appearing for
the present owner, objected to the amount of assessments against the two -block area
of Windsor Park #4 Subdivisions, particularly the amount the City is asking the
owners to pay for a change in grade, stating that it will not increase the property
valuations.
t
Special Council Meeting
July 3, 1962
Page #7
Mrs. Dale Fox, Item No. 36, wanted to know if the new curbs would be the
roll type curbs.
C. Gordon Moore, Item No. 37, asked for more detailed description of
specifications.
Mrs. Milton Houston Fraiser, Item No. 39, objected to the construction of
a driveway to her property, stating that she has a drive at the back of her lot and
does not use or want the driveway on Everhart.
Monte Whitten, owner of Item No. 43 under a recorded contract of sale,
questioned the circulation of the petition, stating that he had not been approached
to sign such a petition.
Mrs. Robert H. Neargardner, Item No. 46, questioned the length of time
specified for completion of the project and whether she would be subjected to the in-
convenience of not being able to get into the street and her driveway.
There followed a lengthy discussion in which attorneys Hatch, George
Shaffer and Toufic Nicolas questioned Mr. Carr and Mr. Graham as to property values,
costs to property owners, allowances for existing curbs, gutters and sidewalks, and
uniformity of the new improvements; ;Attorneys Charles Cartwright and Tunnell re-
questioned Mr. Carr and Mr. Graham on redirect.
No one else appeared to be heard.
Motion by Barnard, seconded by Roberts and passed that the hearing be
closed and that the questions of assessment be taken under advisement after a full
study of the testimony.
There being no further business to come before the Council, the meeting
was adjourned.
' � e
There being no further testimony offered or any further parties appear-
ing to be heard, upon proper motion, duly seconded and unanimously carried,
the said hearing was declared closed; and,
VMREAS, 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 cost of the improvements of said portion of
said street 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 street; an d,
WHEREAS, 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 improvemnts
on said street, within the limits above defined, and has heard allaparties
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 the portion of Everhart Road, 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 street 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 proceed-
ings 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 said portion of
—4—
I
Everhart Road, within the limits above defined, and the real and true owner
or owners thereof, are just and equitable and did adopt the rule of apportion-
ment set forth below and the division of the cost of said improvements between
said abutting propertiesr 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:
NOW, THEREFORE, BE IT ORDAINED 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 trub 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 sane 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
Everhart Road, 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
portion of said street 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 sub-
stantial equality considering the benefits received and the burdenslimposed
thereby, and are in accordance with the laws of the State of Texas, and the
Charter provisions 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 abutting properties, as
hereinabove described and the personal liability of the real and true owner
—5—
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 Everhart Road,
within the limits hereinabove defined, and in pursuance of said proceedings
heretofore had and enacted by said City Council in reference to said improve -
r,�nts and by virtue of the powers vested in said City with respect tb 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 11 95 —b of Vernon's Annotated Civil Statutes of Texas, as amended, there
shall be, and is hereby levied, assessed and taxed against thesrespeetive
parcels of property abutting upon said portion of said street, 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 pnd 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 th8reof,'and names
of the apparent owners thereof, all as corrected and adjusted by said City
Council, being as follows, to -wit:
ABaT ROLL
, rnw ART ROAD FROM PARS DRIV! TO Id%IMMS, l01MARD
Fverhart Road frga the intersection of Parkdole Drive to Lexington Boulevard,
to be improved by: excavating to • width etghtoan (18) inches bask of proposed
curb@, and tope depth to permit the coastruotion of a five (5) inch line ata-
bilized b*se four (4) inch cowsct*d calicbe has*, tvo and qne -ball (2j)
inch Type "A�' asphaltic concrete and cue and one -half (1}) inch 'Type as-
phaltic concrete surface. Psvosapt viAth will be forty four (44) feet face
to fame of curb, from Parkdale Drive to ate. 1�f90 or myprgxlmately two hundred
thirty (830) feat before the inter{ectioa of Janssen Drive and tverhart Road.
Because of existing curb card gutter at this point the pavement width become
fifty feet and six inches (50.5) from face to face of curb and continues this
vidth to Mt. Veraon Drive interaeotion, thence forty four (44) feet vide to
LexiggtW Boulevard.
The aseeamment rates for' the avow projeet ere:
Property us" and used other thee A -1 or R-2 for
avrb, gutter and pavwpnt $8.55 p•l.f.
Property teaed and u ed R *i a' A•2 $5.88 p.l.t.
Property somed and used R,l or M,2 W having existing
curb and gutter •5.13 p•l.f.
six (6) inch reinforced otxnsveta driveway $0.80 P.m.f.
Four (4) inch reinforced concrete sidevsl.t $0.38 p.s.f.
Tull credit bas been given for all existing sidewalk mad driveears•Nkit:h must
be replaoed to fit nev grads@• A pro -rata credit for existing otsrb and gutter
based on a life expectancy of 20 years bus also been given.
sheet 1
PRlLIMIBARY '$ j�M M tiT Aumm
BVVMRT ROAD FROM PARYOA S DRrM TO Lu mama w"
rT .
Asses d -ID11 $5.88
Ivikim =B, MIT=, SIDEWALKS Asstssmat Rats Otber Than R -1 ; -2 -plf $8.55
Assessment Wate for eidevalk - sf $0.38
DRX*WAY6 8 ABFSALTIC COWRM PAVEHM Asseseaent Rata for Driveway -psf $0. so
801"" gVrAA CYV9WMY-Pme m
ITEM Q
mm i Propim DebCRIPT10A A
QUAXTIW D
DSBCRIPTI01 OF T
RATt M
MOM
TOM --
ARMALS MI M
M ,
11. B
Bri bkwater Invest. Co. *
N. W. a
,
'T- 5
53i 06
535.10
4%.00 -
-
2. B
Bwws L. Tettleton 8
80.0 L.1 C
C.O. &Feat. 8
8.55 4
Lot I- B,Dlock 2, Osaw Addition 1
140 BY S
Sidewalk 0
0.38 5
53.20
411
XMHART ROAD FFZM PAM" DRIVE TO UMIII( MN BMLWARD-
AssesSEnt Rate Z00% 4 UwI'R- & R -2 - „�f $5.88
cam OtB13, GVrown STrf UA7T B Assessment Rate Other Than R -1 6a R - plf $8.55
Assessment Rate for Sidewalk -kpsf $0.30
DRIVEWAYS & ASPHALTIC CONCrd= PAVElSS11T Assessment Rate for Drive + iwv - psf $0.80
ii0 . owm & PFDFM TY ECSCRIPTIOH
12. C.C. Ind. School Dist.
(Parkdale School)
512.47 L.F. R -1
13.1 Trisity Baptist Church
Park Urraoe, Block A
! 290.0 L.V: (Church)
i
j TOTAL
;1 MITY ItSMIPTIOIf OF '-
512.47 LF C.G. ✓4 Pvmt.
1809.86 87 Sidewalk
1116-7M.
�2 Sy Drivmy
20' of 35' mcm. drive)
290.0 Lr C.G. & Pvst.
1100 187 sidevolk
274.35 BY Dri"VGY
(15' of ' Drive)
F. G. Evans
Portion Tract 7, Lot 2 , Oso Farm
201.40 L.F.
Veins Livingston
Portion Tract 7, Lot 2
Oso Fsra Lots
Faits,Ts4re
3,at.8, -23ack 2, Gray Village ife
100.0 L.F.
L.B. Stores
Tr. 6, Lot 2, Oso Faxa,
130.0 L.F.
18. I' L.B. Stokes
` Partiod Tr. 6, Lot 2, Oso Farm
130.0 L.F.
19.1 H.S. Butt
Portion Tr. 6, Lot 2, Oso Farm
318.17 L.F. B-I
201.40 LF
T65.6o By
208.70 SF
205.19 LF
T72.76 8F
242.70 BF
160.0 LF
360.0 BY
208.7o mr
130.0 Ty
520 BF''
C.G. & Pvst.
Bidevalk
Driveway
C.G. & Pvst.
Sidewalk
Driveway
C.G. & PVmt.
SLdevalk
Drivevay
C.G. & Pvat.
8ldevalk
Drivevey
. VII4]p1 33
IVE
130.0 I1r
C.G. & Pvtt•
520.0 By
Bidevalk
Drivew4y
318.17 LP
C.G. & Pvst.
1272.68 SF
Bidevalk
v{t w
21%.4$
Drivevey
`:•
3,013.32
c.
68T.T5
893.40
4,5g4.4T
5:68
1,70S-20
0.38
0.80
v{t w
21%.4$
2,342.68
5.88 1,164.23
0.38 290.93
0.80 166.96
5.88 1,206.52
0.38 293.65
0.80 194.16
5.88 588.00
0.38 136.80
0.80 166.96
5.88 764.4o
0.38 197.60
0.00
5.88 764.40
0.38 197.60
0.00
8.55 2,720.35
0.38 483.62
0.00
PRELiRIWY BM-r 49WVMW A88ffiBl�mr Sb.et
Assessmenz xste Zmed & Used R -1 & R -2 -plf $5.68
CONCHM CURB, Off, (11OMW Assesaaent Rate Otter Than R-1 & R -2 -plf $8.55
DRIVZUTS & ASPHALTIC CODCiVTZ PAV214W e i pt Rate far SS �r wf $0.38
Asses asaent Rate for Driveway yar $0.80
__ FiOiTrR in ppmf�mp,r.nna. m.
OWlQ3R & PADP�TY DL'BCRIPTT03f
DIMIPTIOK OF
Lot 1 Block 34, Windsor Park 4
69.98 L.T. 11
e.g. Sim
20.
Maude Smith French
129L) LF
�2
French Tract
11*28 LF
,
�%-•_9L.F. B-1
5197.12 6R
21.
Henry Miller
-130.0 LF
24.
Lot 1, Block 35, Windsor Park 4
* 65.0 LF
130.0, L.F. 11/20 of $1.'-o C & 0 onlZ
• 70%
7
JANEIM zpil
^2.
Kenneth Ray Hawley
- 69.98 Im
DIMIPTIOK OF
Lot 1 Block 34, Windsor Park 4
69.98 L.T. 11
AI+DMUN
TOTAL
MOUNT
A
/M, of
8.55
5.89
0.38
�2
Jaws A. Bierman
- 65.0 LT
,
Lot 2, M, =k 34, Windsor Park 4
5.13
65.0 L,F. la/-O of
24.
Lowell 0. than
* 65.0 LF
Lot 3, Block 34, Windsor Park 4
65.0 L.F. 111,20 of &
•5•
John D. Duncan
Lot 4, Block 34, Windsor Park 4
- 65.0 LF
65.0 L.F. 11/2 -0 0"
:6.
Wilbur Hoarey �-
65 -0 LF
Lot 5, block 3h, Windsor Park 4
65.0 L.F. I1 /M of • ,' G d: c r ��,
'7•
Tommy F. McDow
* 65.0 LF
Lot 6, Block 34, Windsor Park 4
65.0 L.F. _ o' `;.'' C p-
-1.,
Marshall Orr Trustee
- -65.0 LF
Lot 7, Block 34, Windsor Park 4
65.0 L.F. +
j•
C.C. Lewrinore
Lot 8, Block 34, Windsor Park 4
- 65.0 LY
65.0 L.F. *
- Credit for 1120. of $1.86 Curb & 13u-tter
only
DIMIPTIOK OF
RATI
AI+DMUN
TOTAL
MOUNT
A
B-1 Z. CO & Pvt
R -1 Z. CO & Pvt
Sidewalk
8.55
5.89
0.38
6,669.57
1,gTh. 1
h3.4
466_3.3
0.00
0.00
,
C.G. & Pvmt.
Sidewalk
Driveway
5.13
C.G. & Pvat.
sidewalk
Driveway
C.a.
sidewalk
Driveway
C.G. & Prat.
Sidewalk
Driveway
C.G. & Pvat.
Sidewalk
Drivewayy
C.G. & Pvmt.
Sidewalk
Driveway
C.O. A Peat.
Sidetalk
Driveway
C.G. & Pvat.
Sidewalk
Driveway
C.G. & Pvat.
Sidewalk
Driveway
5.13 359.00
0.00
0.00
5.13 333.45
o.00
0.00
5.13 11 333.45
0.00
5.13 333.45
0.00
0.00
5.13 333.85
0.00
0.00
5.13 333.45
0.00
0.00
5.13 I 333.45
0.00
5.13 1
333 -45
0.00
P,RE'L•_r aRAZI
STW T IZiPA0T/EFCI1T AST
4
S CIl� atnwe� ■
Assesss�ent
Asses -t Rats Otlyr Aan
DIt171oHA]Cra a ASPHALTIC OD71GRtE'lE PAV7@ W Assssneut"
R_i t' p
if $8.I
sr $0-.
.
gmW
far I)rl w�11'
-pef $0.!
IT1lM OWW a privim )> IlaTi09f
QiARTITy WK
ly1'i1C
4UTA7
AIDUJFp
AM7UN;
30
. t e L . ,.
La9, 31k 34, V it aT` k k
* 6S•P LT Q
3.13
33
F
65.0 L.P. *
a�
0.00
� �Ok
.00
45
31.
Lloyd a. L rw.
Lot 10, 713 34, W1dNr lark k
+ 65.0 LT C.O. i pmt.
5.13
330.0
30
65.0
;ikSeva}k
L.I.
aW�,y
04
.45
32.
Ad*
Lot 4, KcO 34,ir ftrk b
* 0'0 LT CDs.4ir.
.
333.5
65.0 L.Y.
Driveway
0.00
.4
33•
XUpr �134r m k
* �.o LT c.0. a kr,wt.
3.13
333•ks
65.0 P. +►
suWAak
Dmlrwa�y
0.
.4
34.
Otto D. Ct7leis,i
Lot 3,, mlpok 31►, WlNUW Park k
• fj.0 LT C.O. i TriE.
7.13
333.47
65.OIL. l. *
$ k
0.00
DriraW47
0.
35.
Rich4xA J. gates
165E ]L.P 1k 3�►, WSu4sat Fark 4
* �i5.0 Lea mid
4.13
'
933.43
wal�.
0.00
Dct lvs++ay
0.00
.4
36.
pale I1• !a�
Lot 15 u9oit 3k, s ae' Fler�t k
+► 0.0 L.! C.O. • P"�E.
5l13
k
0.06
65,o L.P. *
sidewalk
Drirsry
0.00
.4
37.
C. Gordon -MOM
Lot 14, 3100k 34, VI*LSW Pork q
*65.0 LP C.O. i ?vat.
5.13
333.7►5
65.0 L.P,}*
sidewalk
9.00
Driveway
�
3.4
38.
Cheater R. Black 34
310, Wsr,aemr Park 4
* 70.0 tr C.O. a Peat.
5.13
70.0 L.P.
61iomu
Driveway
0.0000
0.00
39.
Milton Acwtoa rmier
Lot 121, Moak 1, kt. VVMM Subld
* 70,0 Lt C.O. a Pr t.
5.13
359.10
.lo
70.0 L.P. *
Sidewalk
0.00
Driveway
o.00
.lo
//��
*'Cropit for 11 /00 of ¢l.96 Curb i
tar pity
st».t
M AKT �[16�aR�1 yAAx�'= nary! rtrf TLStrYlbA BO[II�NA2:D
Arrtrar�at a.+ � � s ,rod a_T i X-2 --W $5.813
steA Rsnesaent lute Othrr R j E -P plY 48.55
Ply' $0'30
D lIY3tNAYl1 {� AIM491C CO ,PAV&1iMT Masrar�ra_t lir"- far DrinvAy -Drf $0.80
6ou= .=�a..COal .CO. --
IiEM ma & pran Y =CltIP7,'IOx
43. Robert Cox Stabery at ux
Lot }3 Block 1, Mt. Vernon Sub'd
63.0 L.F. *
i +l.
42.
43•
41= .
45.
48.
Lionel A. Nendt
Lot lk, Block 1, Mt. Vernon Bub'
63.0 L.F. *
Roy Harrer Jr.
Lot 15, Black 1, Mt. Vernon Sub'
63.0 L,F. *
Clyde J. Lintner
Lot 16, Block 1, Mt. Vernon Sub'
63.0 L.F. *
Henry R. "anklin
Lot 17, Block 1, 34t. Vernon
63.0 L.F.
Donald Lee Sauern
Lot 18, Block 1, Mt. Vernon
63.0 L. F. *
Robert H. Neargardner
Lot 19, Block 1, Mt. Vernon
63.0 L.F,
Bill H. Hell
Lot 20, Block 1 Mt. Vernon
63.0 L.F. *
James Robert Owens
Lot 21, Block 1 Mt. Vernon
63.0 L.F. *
Robert R. Cbevarrio
Lot 22, Block 1, Mt. Vernon
70.00 L.F. *
* Credit for 11/20 of 1.36 Curl
TOTAL
or
Am
Ali =
MOUNT
* 63.o LF
C.O. & Pvmt.
5.13
323.19
sidewalk
0.00
Driveway
0.00
323.19
* 63.0 LF
C.O. & Pvat.
5.13
323.19
i
Sidewalk
0.00
Driveway
0.00
.19_
323.19
* 65.0 Lr
C.O. & fit.
5.13
1
S }dew%4
0.00
Drivevay
0.00
323-19
* 63.0 LF
C.G. & Pvmt.
5.13
323.19
d
Sidewalk
Driveway
0.00
0.00
323.19
+� 63.0 LF
C.O. & Pvmt.
5.13
323-19
Sidewalk
0.00
Driveway
0.00
.19
323.19
* 63.0 LF
C.O. & Pvm-t
5.13
Sidewalk
0.00
Driveway
0.00
.19
* 63.0 LF
C.G. & Pvmt.
5.13
323.19
Sidewalk
0.00
Driveway
0.00
323.19
* 63.0 V
C.G. & Pvait.
5.13
32319
Sidrvalk
0.00
Driveway
0.00
.19
323.19
* 63.0 LF
C.O. & Pvmt.
5.13
Sidewalk
0.00
Driveway
0.00
323.19
* 70.0 LF
C.O. & Pvmt.
5.13
359.10
Sidewalk
0.00
Driveway
0.00
35 .10
Mr, VEMN
MVE
r &
utter Only
SECTION 4, BE IT FURTHER ORDAINED That in the event the actual frontage
of ariy 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 portion of Everhart Road,
within the limits above defined, shall pay for said improvements under the
"FRONT FOOT RUIE OR PLAN ", which rule or plan is hereby found and determined
to be just and equitable and to produce a substantial equality, having in view
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 portion of Everhart Road, 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, 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 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 abutting on the portion of Everhart
Road, 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 (57o) per
—7—
-: Sin*,,. dA,r -0.
annum with reasonable attorney's fee and all costs and expenses of collection,
if incurred, are hereby declared to be 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;
June 20, 1962, 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 -wit: in five (5) equal annual installments, the first of which will
be payable on or before twenty (20) days after the completion of said improve-
ments in the street 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 (5our (4) years
e ,
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 install-
ments 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 South Texas Construction Co„ 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,
s
SECTION 6, That the City of Corpus Christi, Texas, shall not in any
`d r -1
manner be liftble for the payment of any sums hereby validly assessed against
any abutting property, and the real and true owner or owners thereof, but
South Texas Construction Co, shall look solely to such property and the real
d
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
=8—
obligated to furnish South Texas Construction Co, valid assessments and
asgessment 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 South Texas
Construction Co„ their successors or assigns, either by suit in any Court
j
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 andYterms
of payment, and to aid in the enforcement thereof, assignable certificates
shall be issued by the City of Corpus Christi, Texas, to South Texas
Construction Co, upon the completion of said improvements in said street and
acceptance thereof by said City Council, which certificates shall be executed
I
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
thereon, 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 wners 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 otherwise, shall in anywise
invalidate or impair the assessment levied hereby or the certificate issued
in evidence thereof.
That the said certificate shall further provide substantially that
if default shall be made in the payment of any installment of principal or
a
—9—
interest when due then at the option of South Texas Construction Co., their
successors or assigns, or the holder thereof, the whole of said assdssmenU
evidenced thereby shall at once become due and payable, and shall be collectible
with reasonable 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
oracorrectly named therein or not, and the lien upon such property, (and that
.t
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 Council, to —wit: June 20, 1962, and
shall provide in effect that if default shall be made in the payment thereof,
the same$may be enforced, at the option of South Texas Construction Co., on their
successors and assigns, by the sale of the property therein described'in th6
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 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 m�mer or owners
thereof, evidenced by such certificates, have been regularly done and performed,
T
wha.ch recitals shall be evidence of all the matters and facts so recited andino
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 Myor and City Secretary.
That said certificates shall further provide in effect that the Citya of
Corpus Christi, Texas,a 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
—10—
certificates shall be in the exact form as above set forth, but the substance`
and effect thereof shall suffice,
' k ;
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
I
named or correctly named, and any irregularity in the name of the property t
oymer, 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
I ;
assessment levied hereby or any certificate issued, and such mistake, or error,
z
invalidity or irregularity whether iri such assessment or in the certificate
t
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 a portion of Everhart Road, which is exempt
from the lien of said assessment, shall in no wise affect 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 4
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 estimate of
said assessment prepared by the Director of Public Works and approved and
t
adopted by said City Council and are in accordance with the proceedings of said
- - r
City Council relative to said improvements and assessments therefor, and with
the terms, powers and provisions of said Chapter 106 of the Acts of the Fiist— i
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 assessments were had and made by said City
Council.
I
SECTION 9. The fact that Everhart Road has become an important
thoroughfare and the fact that the present condition of said street, within the
limits herein defined, is dangerous to the health and public welfare of the
—11— —
4
;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 z
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 F
Its passage, it is so ordained,
PASSED AND APPROVED this the day of July, A. D. 1962,
Mayor
City of Corpus Christi, Texas
A=SP:
c
l
'lty cretax
APPROVED AS TO LEGAL FORM:
City Attorney
-12-
f
CORPUS CHRISTI TEXAS
LLD AY OF w if 19�i
�
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS .
F
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
* COUNCILS I, 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, i
G
MAYOR
THE CITY' OF CORPUS CHRISTI XAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE;
BEN F. MCDoNALD
K
Tom R. SWANTNER
DR. JAMES L. BARNARD�.
JOSE R. DELEON
M. P. MALDONADO 44
W. J. ROBERTS
JAMES H. YOUNG «
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE%
BEN F. MCDONALD
TOM R. SWANTNER
DR. JAMES L. BARNARD
JOSE R. DELEON
M. P. MALDONADO
• f
W. J. ROBERTS
JAMES H. YOUNG
d, �: