HomeMy WebLinkAbout08157 ORD - 08/31/1966�t
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AN ORDINANCE ,
t
CLOSING THE HEARING GIVEN TO THE REAL AND TRUE bWNERS
OF PROPERTY ABUTTING UPON NAVIGATION BOULEVARD, FROM
HIGHWAY 9 (LEOPARD STREET) TO UPRIVER ROAD, AS TO
SPECIAL BENEFITS TO ACCRUE TO SAID PROPERTY AND THE
REAL AND TRUE OWNERS THEREOF BY VIRTUE OF THE IMPROVE-
MENT OF.SAID STREET 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, EXCEPT
THE CHANGES REFLECTED HEREIN, FINDING AND DETERMINING
THAT THE PROPERTY ABUTTING UPON SAID STREET, WIIHI N THE
LIMITS DEFINED, WILL BE SPECIALLY BENEFITED AND ENHANCED ;
4 IN VALUE IN EXCESS OF THE AMOUNT OF THE COST OF SAID ,
IMPROVEMENTS PROPOSED TO BE AND AS HEREIN ASSESSED
AGAINST SAID PROPERTY ABUTTING UPON A PORTION OF
NAVIGATION BOULEVARD, WITHIN THE LIMITS 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
ABUTTING UPON SAID STREET AND THE REAL AND TRUE OWNERS
THEREOF, PROVIDING FOR THE ISSUANCE OF ASSIGNABLE CERTIFI-
CATES UPON THE COMPLETION AND ACCEPTANCE OF SAID WORK, THE
MANNER AND TINE OF PAYMENT AND PROVIDING THE MANNER AND
METHOD OF COLLECTION OF SAID ASSESSMENTS AND CERTIFICATES;
AND DECLARING AN EMERGE NC .
WHEREAS, THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS, BY DULY ENACTED
ORDINANCE PASSED AND APPROVED ON AUGUST 3, 1966, DETERMINED THE NECESSITY FOR,
AND ORDERED THE IMPROVEMENT OF A PORTION OF NAVIGATION BOULEVARD, FROM HIGHWAY
9 (LEOPARD STREET)TO UPRIVER ROAD, IN THE MANNER AND ACCORDING TO THE PLANS
V. AND SPECIFICATIONS HERETOFORE APPROVED AND ADOPTED BY THE CITY,_COUNCIL BY
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ORDINANCE DATED AUGUST 3, 1966, 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 CON-
TRACT FOR THE CONSTRUCTION OF SAID IMPROVEMENTS TO HELDENFELS BROTHERS ON
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THEIR LOWEST AND MOST ADVANTAGEOUS BID AND SAID CONTRACT HAS BEEN HERETOFORE
t
Y A5
DULY EXECUTED BY SAID CITY OF CORPUS CHRISTI AND HELDENFELS BROTHERS AND
IS DATED - , 1966, AND THE PERFORMANCE BOND REQUIRED BY
• SAID CONTRACT HAS BEEN PROPERLY FURNISHED BY SAID HELDENFELS BROTHERS AND
ACCEPTED BY THE 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 '
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 NAVIGATION BOULEVARD-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
WHEREAS, SAID CITY COUNCIL, BY DULY ENACTED ORDINANCE DATED
AUGUST 3, 1966, DID DETERMINE THE NECESSITY OF LEVYING AN ASSESSMENT FOR
THAT PORTION OF THE COST OF CONSTRUCTING SAID IMPROVEMENTS ON THE ABOVE
NAMED 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 3:00 O'CLOCK P.M. ON AUGUST 17, 1966,•IN THE COUNCIL
CHAMBER 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 OTHER-
WISE INTERESTED IN SAID PROPERTY, OR ANY OF SAID MATTERS AS TO THE ASSESS-
MENTS 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 BENE-
FITS TO ACCRUE TO SAID ABUTTING PROPERTY BY VIRTUE OF SAID IMPROVEMENTS, IF
ANY, OR CONCERNING ANY ERROR, INVALIDITY, IRREGULARITY OR DEFICIENCY IN ANY
PROCEEDINGS, OR CONTRACT, TO APPEAR AND BE HEARD IN PERSON OR BY COUNSEL
AND OFFER EVIDENCE IN REFERENCE TO SAID MATTERS; AND SAID CITY COUNCIL DID
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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 AT LEAST
TEN J10) DAYS PRIOR THERETO, ALL,AS PROVIDED FOR IN ACCORDANCE WITH THE
PROVISIONS OF SAID CITY
1 CHARTER AND OF CHAPTER 106 OF THE ACTS OF THE FIRST
CALLED SESSION OF THE 40TH LEGISLATURE OF THE STATE OF.TEXAS, KNOWN AND
SHOWN AS ARTICLE 1105B, VERNON'S ANNOTATED CIVIL STATUTES OF TEXAS; AND ,
• WHEREAS, SAID CITY COUNCIL DJD FURTHER ORDER AND DIRECT SAID
CITY SECRETARY, IN ADDITION TO SAID PUBLISHED NOTJCE AS AFORESAID, WHICH
WAS PROVIDED TO BE VALID AND SUFFICIENT IN ITSELF, TO KEEP ON FILE A COPY
OF SAID DIRECTOR OF PUBLIC WORKS' REPORT, AND INCLUDE THEREIN THE LIST OF
NAMES OF,THE APPARENT OWNERS, AND THE DESCRIPTIONS OF SAID ABUTTING PRO -
PERTY,AS SET OUT IN SAID DIRECTOR OF PUBLIC,WORKS' REPORT, PROVIDED, HOW-
EVER, THAT THE SAID LIST OF APPARENT OWNERS AND PROPERTY DESCRIPTIONS SO
INCLUDED IN SAID NOTICE, SHALL MERELY BE CUMULATIVE OF AND IN ADDITION TO
THE REQUIREMENTS OF SAID NOTICE AS PROVIDED BY THE LAWS OF THE STATE OF ,
TEXAS, AND THE CHARTER OF THE CITY OF CORPUS CHRISTI, TEXAS, AND SHALL NOT
IN ANY MANNER BE ,CONCLUSIVE OF THE REAL AND TRUE OWNERS OR OF THE CORRECT
DESCRIPTIONS OF SAID ABUTTING PROPERTY NOR LIMIT SAID NOTICE TO THE PRO-
PERTIES DESCRIBED OR TO SUCH APPARENT OWNERS NAMED THEREIN, BUT SAID NOTICE
SHALL NEVERTHELESS BE DIRECTED TO THE REAL AND TRUE OWNERS OF SAID ABUTTJING
PROPERTY, WHETHER NAMED OR CORRECTLY NAMED THEREIN OR NOT, AND TO ALL OTHERS
CLAIMING, OWNING OR ,INTERESTED IN ANY MANNER IN ANY OF SAID ABUTTING PRO-
PERTY ON SAID STREET WITIJIN THE LIMITS ABOVE DEFINED; 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
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PUBLISHED IN THE CITY OF CORPUS CHRISTI, TEXAS, ON AUGUST 6, 1966, AUGUST 8,
1966 AND AUGUST 11, 1966, SAID NOTICE SO PUBLISHED BEING DIRECTED TO THE
OWNERS OF PROPERTY ABUTTING UPON THE STREETS HEREINABOVE DESCRIBED; AND
1+II-IEREAS, AFTER DUE, REGULAR AND PROPER NOTICE THEREOF, ALL AS PRO-
VIDED BY LAW AND THE CHARTER OF THE CITY OF CORPUS CHRISTI, SAID HEARING,
OF WHICH NOTICE WAS GIVEN, WAS OPENED AND HELD ON AUGUST 17, 1966, IN,THE
COUNCIL CHAMBER AT 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:
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Minutes
Regular Council Meeting
August 17, 1966
Page 11
be denied on the basis that approval would constitute spot zoning, but in 1 u
thereof, a Special Permit be granted for the construction of a grocery a re
subject to the regulations of "B -1" Neighborhood Business District.
Mr. Dalrymple appeared and spoke in support of his appli tion, stating
that he wishes to construct d small neighborhood drive -in gorcer on the subject
lots; that he had made'a canvass of the neighborhood and that he residents had
indicated they were all very much in favor of his proposal nd that he had pre-
sented two petitions to the Zoning and Planning Commissi n attesting to this
fact
Mr. D. M. Massie, an apartment house
opposition to the request, stating that he is
objects to the sale of alcholic beverages, �t-
n/k
intends to do; that he feels that his ten
of alcholic beverages.
in the area, spoke in
favor of such a business but
ch the applicant stated that he
would also object to the sale
In answer to questions fr Commissioners Wallace and Dunne regarding
the sale of beer, Mr. Dalrymple s ated that he would comply with and be s'ubject
to "B -1" Neighborhood District oning.
Motion by Sizemore seconded by Dunne and passed that the hearing be
closed.
Motion by Du e, seconded by Wallace, with Sizemore, McDaniel and Furman
voting "Nay Walla and Dunne voting "Aye ", that the recommendation of the
Zoning and Plann g Commission be concurred in to deny the application on the'
basis /beg oval would constitite spot zoning, but in lieu thereof, a Special
Permied for the construction of a grocery store subject to the regulations
of "B orhood Business District.
Furman declared the motion had failed to pass and that action on
foregoing application would be tabled for further consideration at next Monday
Mayor Furman reconvened the meeting, and announced the Council would now
hold the public hearing scheduled for 3:00 p.m. on Assessments for the proposed
street improvements for Navigation Boulevard from Highway 9 (Leopard Street) to
UpRiver Road; explained the procedure to be followed, and explained that each member
Minutes
Regular Council Meeting
August 17, 1966
Page 12
of the Council had been presented with a Preliminary Assessment Roll; and that
Assistant City Attorney Tom McDowell, would conduct the public hearing.
Assistant City Attorney McDowell explained the purpose of the public
hearing and stated that the Staff would offer testimony from the City Engineer
and evaluation testimony from a real estate appraiser to substantiate the asses -
ments which appear on the Preliminary Assessment Roll, and that the hearing was
to form a basis on which the Council, acting as a legislative body, would
determine or establish the assessmeas on the abutting properties.
Mr. James K. Lontos, City Engineer, presented the plans for the street
improvements and the Preliminary Assessment Roll; testified to the nature, extent
and specifications of the proposed improvements; that thin project, numbered
220- 64 -63, calls for the excavation to a width of 60 feet and to a depth and grade
to permit the construction of a pavement consisting of 9" Lime stablized base, 6"
compacted caliche, prime coat M.C. 70, 2�" Type "A", and 1'" Type "d" hot -mix asphal-
tic concrete to a width of 44 feet and 2 - 8 -' paved shoulders with 2 course
asphaltic surface treatment, making a total paved roadway width of 60 feet; that
all existing driveways shall be replaced according to width as shown on plans in
the office of Public Works Department; and to be of asphalt construction that any
additional widths shall be by separate agreements between property owners and con-
tractor at contract bid price per linear foot; that the assessment rate to abutting
property owners for improvements will be: property zoned and used other than R -1
or R -2, pavement only @ $8.76 per linear foot; property used and owned by Church and
Gulf Coast Humane Society, pavement only @ $5.88 per linear foot; and `hat the
total contract price is $122,750.35, with property owner assessments $63,973.31,
and the City's portion amounting to $58,777.04.
Mr. Harold Carr, real estate broker, 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; 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 preliminary assessment roll and 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 assessment.
Minutes
Regular Council Meeting
August 17, 1966
Page 13
Mayor Furman stated he would call the names of the property owners as
they are listed on the assessment roll and invited each property owner to state
his approval or objection to any of the proposed improvements or assessments to
his property. The following persons appeared:
Mr. J. R. Heldenfels (Item #2 and #3) appeared and stated that he had
noted a discrepancy in assessments for these two tracts, but that this had been
corrected and that he had no objection, and that he approves of the method of
construction as set out in the plans.
Mary Z. Nicholson (Item #9) stated she was opposed on the basis that
she did not understand why homeowners should pay for industrial traffic which
they do not want; that they have low cost homes and that the assessments are too
high; that she uses some of her property as rental property and that the in-
creased noise from traffic will make rental of property more difficult and
undesirable.
City Manager Whitney explained that the properties in this area were
all zoned as light industry when the over -all zoning map was adopted.
Mr. Arthur Westrup (Item #15) stated that he approves of the street
improvements as proposed.
Mr. F. D. Blanton (Item #23) stated that he owns three rental units
which he is renting for the same rent as he did in 1951-when they were constructed;
that taxes have increased from $70.00 to $263.00, that he is being assessed $1314
for 150 linear feet and that he thinks the cost is excessive, but that his object-
ions are not too strong. Mr. Blanton questioned Mr. Lontos in regard to drainage
and curbs and gutters.
Mr. Lontos stated that roadside ditches and inlets are being provided for
drainage; that storm sewers are provided, that the design of the improvements is to
ultimately add curbs and gutters at no extra cost.
Mr. R. Davis, (Item #22) stated that he objects to being assessed $985.50
for 150 foot side lot.
Mrs. C. E. Marsh (Item #24) stated that she had lived at this location
since 1952; that she is a widow and is supporting herself and does not have the
$876.00 plus interest to pay for these improvements which she does not want; that
her property was zoned for residences when she bought it and that she did not know
Minutes
Regualr Council Meeting
August 17, 1966
Page 14
when it was rezoned for light industry.
Mr. H. C. Alvarez (Item #26) stated that the assessment is too high
for this particular piece of property inasmuch as it is unimproved and located
across the street from the Gulf Coast Humane Society property which in his
opinion devaluates the property.
Mrs. Gerloff (Item 030) stated that she had owned her home and had
lived in it since 1948 and that it was outside of the city limits when she pur-
chased it; that their reason for buying was to get outside the city limits and
to get away from conjection and traffic; that they now have three children and
that it is dangerous for them to go to school, and that the proposed improvements
would only increase the dangers; that the assessment is too high and they are
not financially able to pay $657.00 assessment.
Mr. and Mrs. R. B. Fulton (Item #31) stated that they were definitely
opposed to having the street improved; that they have lived there since 1950 and
are living on social security and cannot see how they are going to pay for the
assessment. Mr. Fulton further stated that the City of Corpus Christi is one of
the few cities which does not have a specified truck route; that his property
will not sell for what it should because of the increased noise, and that they
should not have to pay for something that they do not want.
Mr. B. V. Dupree (Item #32) stated that he was opposed to the proposed
street improvements for many reasons; that he is a combat veteran, having served
in the Pacific in World War II, and that he had built a good home in what he thought
was a quite peaceful neighborhood, hoping to enjoy some of the peace and quiet of
country living; that the property was taken into the City limits about 12 years
ago and that he had paid City taxes ever since; that the only thing the City had
ever given him was one fire plug; that he and his neighbors had paid for their
own sewer lines; that he is not in favor of paying for a public highway which
he does'not want; and that he would sell his home today and move from Corpus
Christi.
Commissioner Wallace asked that Mr. Carr state his opinion as to the
values of property in this area. Mr. Carr stated that since 1954 there have been
residences on the street in question, but that in recent years Navigation Boulevard
has been progressively changing from residential to industry, and that the enhanced
Minutes
Regular Council Meeting
August 17, 1966
Page 15
value will come out when industry absorbs the properties. Mr. Carr cited specific
pieces of property which has sold for gains in the past few years.
No one else appeared to be heard in connection with the propssed street
improvements.
Mayor Furman announced that the Council would recess for a brief period
before closing the hearing.
Mayor Furman reconvened the meeting and stated that the hearing could
be closed at this time.
Motion by McDaniel, seconded by Dunne and passed that the hearing be
closed, and that each of the properties would be given further consideration.
AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY CORPUS
CHRISTI, TO EXECUTE A CONTRACT WITH HELDENFELS BROTHERS FOR CONSTRUCT OF THE
NAVIGATION BOULEVARD IMPROVEMENTS, PROJECT NO. 226 - 64-63; APPROP ING OUT OF
NO. 220 STREET BOND FUND THE SUM OF $135,000, OF WHICH AMOUN 922,750.35 IS FOR
THE CONSTRUCTION CONTRACT AND $12,249.65 IS FOR CONTING S, INCLUDING ENGINEERING
LABORATORY TESTING, LEGAL ADVERTISING COSTS AND EXP WITNESS FEE; AND DECLARING'
AN EMERGENCY.
The Charter rule was suspeod`and the foregoing ordinance was passed
by the following vote: Furor , Dunne, McDaniel, Sizemore, and Wallace, present
and voting "Aye," �a2`&mon and Jimenez, absent.
being no further business to come before the Council, the meeting
THERE BEING NO FURTHER TESTIMONY OFFERED OR ANY FURTHER PARTIES
APPEARING TO BE HEARD, UPON PROPER MOTION, DULY SECONDED AND UNANIMOUSLY
CARRIED, THE SAID HEARING WAS DECLARED CLOSED; AND
WHEREAS, NO FURTHER PARTIES APPEARING AND NO FURTHER TESTIMONY
BEING OFFERED AS TO THE SPECIAL BENEFITS IN RELATION TO THE ENHANCED
VALUE OF SAID ABUTTING PROPERTY AS COMPARED 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 PORTIONS OF SAID STREET TO BE
IMPROVED; AND '
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 IMPROVEMENTS ON SAID STREET, WITHIN THE LIMITS ABOVE DEFINED, AND HAS
HEARD ALL PARTIES APPEARING AND OFFERING TESTIMONY, TOGETHER WITH ALL PRO-
TESTS AND OBJECTIONS RELATIVE TO SUCH MATTERS AND AS TO ANY ERRORS, INVALIDI-
TIES OR IRREGULARITIES IN ANY OF THE PROCEEDINGS AND CONTRACT FOR SAID IMPROVE-
MENTS, AND HAS GIVEN A FULL AND FAIR HEARING TO ALL PARTIES MAKING OR DESIR-
ING 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 POR-
TION OF NAVIGATION BOULEVARD WITHIN THE LIMITS TO BE IMPROVED AS HEREIN
DEFINED, WILL BE ENHANCED IN VALUE AND SPECIALLY BENEFITED BY THE CONSTRUC-
TION 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 IMPROVE-
MENTS 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
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CONTRACTS WERE PROPER AND IN ACCORDANCE WITH THE CHARTER OF SAID CITY AND
THE LAWS OF THE STATE OF TEXAS, UNDER WHICH THOSE PROCEEDINGS WERE BEING
HAD, AND THE PROCEEDINGS OF SAID CITY COUNCIL HERETOFORE HAD WITH REFERENCE
TO SUCH IMPROVEMENTS, AND IN ALL RESPECTS TO BE VALID AND REGULARS AND SAID
CITY COUNCIL DID FURTHER FIND UPON SAID EVIDENCE THAT THE ASSESSMENTS HEREIN -
BELOW MADE AND THE CHARGES HEREBY DECLARED AGAINST SAID ABUTTING PROPERTY ON
SAID PORTION OF NAVIGATION BOULEVARD, WITHIN THE LIMITS DEFINED, AND THE REAL
AND TRUE OWNER OR OWNERS THEREOF, ARE JUST AND EQUITABLE AND DID ADOPT THE
RULE OF APPORTIONMENT SET OUT BELOW AND THE DIVISION OF THE COST OF SAID
IMPROVEMENTS BETWEEN SAID ABUTTING PROPERTIES, AND THE REAL AND TRUE OWNER
OR OWNERS THEREOF, AS JUST AND EQUITABLE, AND AS PRODUCING SUBSTANTIAL
EQUALITY CONSIDERING THE BENEFITS TO BE RECEIVED AND THE BURDENS IMPOSED
THEREBY, AND THAT ALL OBJECTIONS AND PROTESTS SHOULD BE OVERRULED AND DENIED:
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 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
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UPON THE EVIDENCE HEARD IN REFERENCE TO EACH AND EVERY PARCEL OF PROPERTY
ABUTTING UPON NAVIGATION BOULEVARD, 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
IN
OF,SAID IMPROVEMENTS, AND THAT ALL ASSESSMENTS HEREINBELOW MADE ARE JUST I
AND EQUITABLE AND PRODUCE SUBSTANTIAL EQUALITY CONSIDERING THE BENEFITS
RECEIVED AND THE BURDENS IMPOSED THEREBY, AND ARE IN ACCORDANCE WITH THE
LAWS OF THE STATE OF TEXAS, AND THE CHARTER 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 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 THE ABOVE
DESCRIBED STREET, WITHIN THE LIMITS DEFINED, AND IN PURSUANCE OF SAID PRO-
CEEDINGS HERETOFORE HAD AND ENACTED BY SAID CITY COUNCIL IN REFERENCE TO
SAID IMPROVEMENTS AND BY VIRTUE OF THE POWERS VESTED IN SAID CITY WITH
RESPECT TO SAID STREET IMPROVEMENTS BY THE LAWS OF THE STATE OF TEXAS AND
THE CHARTER OF SAID CITY, WITH PARTICULAR REFERENCE TO CHAPTER lob OF THE
ACTS OF THE FIRST CALLED SESSION OF THER40TH LEGISLATURE OF THE STATE OF
TEXAS, KNOWN AND SHOWN AS ARTICLE 11058 OF VERNON'S ANNOTATED CIVIL STATUTUES
OF TEXAS, AS AMENDED, THERE SHALL BED AND IS HEREBY LEVIEDI ASSESSED AND
TAXED AGAINST THE RESPECTIVE 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 NOTE
THE SEVERAL SUMS OF MONEY HEREINBELOW MENTIONED AND ITEMIZED OPPOSITE THE
DESCRIPTION OF THE RESPECTIVE PARCELS OF'SAID PROPERTY THE NUMBER OF FRONT
FEET OF EACH AND THE SEVERAL AMOUNTS ASSESSED AGAINST SAME AND THE REAL AND
TRUE OWNER OR OWNERS THEREOFf AND NAMES OF THE APPARENT OWNERS THEREOF ALL
AS CORRECTED AND ADJUSTED BY SAID CITY COUNCILS BEING AS FOLLOWS TO -WIT:
r
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FINAL
ASSESSMENT ROLL
NAVIGATION BOULEVARD
FROM LEOPARD STREET TO UP RIVER ROAD
This project, numbered 220- 64 -63, calls for the excavation to a width of
60' and to a depth and grade to permit the construction of a pavement
consisting of the following requirements:
9" Lime stabilized base, 6" compacted caliche, prime coat M.C. 70,
22" Type "A ", and 12" Type "D" hot -mix asphaltic concrete to a
width of 44' and 2 - 8' paved shoulders with 2 course asphaltic
surface treatment, making a total paved roadway width of 60'.
All existing driveways shall be replaced according to width shown on plans.
Any additional widths shall be by separate agreements between property
owners and contractor at contract bid price per linear foot.
The assessment rate to abutting property owners for the above improvement
is as follows:
Property Zoned and Used Other Than Rl or R2 -
Pavement Only @ $8.76 per linear foot
Property Zoned Other Than R1 or R2, but Used as
R1 or R2 and Owned as Church property, by Council
action 8 -31 -66
Pavement Only @ $4.47 per linear foot
Total Contract Price $122,750.35
Property Owners Assessments 54 508.48
City's Portion 68,241-.8 7
Shee 1
Assessment Roll - Navigation Blvd.
From Leopard Street to Up River Road
a. Contractor: Reldenfels Brothers }Z9D C}4CUsed R -1 or R -2, C'.G. •& Pavement $4',47
b. 9" lime stabilized base, 6" compacted Zoned & Used Other Than R -1 or R -2 p.l.f.$8.76
caliche, prime coat MC70, 22" Type "A" hot- Assessment Rate. Sidewalk per sg. ft. $
mix asphaltic concrete & 12" Type "D" hot- • Assessment Rate, Driveway per sq. ft. $
mix asphaltic concrete.
ITEM
DESCRIPTION
TOTAL
NO.
OWNER & PROPERTY DESCRIPTION
QUANTITY
OF
RATE
AMOUNT
AMOUNT
ASSESSED
ASSESSMENT
/
ASSESSED
HIGHWAY
9 - WEST SIDE
1.
D. W. GRANT
.446 Acres out of E. Portion of
215.0 L.F.
pavement Only
8.76
$1,883.4o
Share D.&E., McBride Addn.,
Zoned 1 -2, 100% Assessed
$1,73-705
2.
J. R. HELDENFELS
100% Assessed, Box 1917,
McBride Tract. 26.237 Acres
1031.68'L.F.
Pavement Only
8.76
9,037-52
9,037.52
3.
J. R. HELDENFELS
`
100, Assessed, Box 1917,
520.68 L.F.
Pavement Only
8.76
4,561.16
McBride Tract. 26.237 Acres
—7,7T.
' 4.
CORPUS CHRISTI BROADCASTING SYS
•
100% Assessed, Assessors Block
#133, Dunn - Whelan Tract,
3.609 Acres
247.85 L.F.
Pavement Only
8.76
2,171-17
2,171.17
5.
TEXACO, INC.
Lot 1, Whelan Addn. Annex,
Zoned Other Than Rl, 100%
Assessed
175.0 L.F.
Pavement Only
8.76
1,533-00,
4,533OC!,
6.
NORTH SIDE STATE BANK
100% Assessed, 10.423 Acres
442.70 L.F.
Pavement Only
8.76
3,878.05
out of McBride Partition
3,876-05
7.
GULF COAST HUMANE SOCIETY
Zoned 1 -2, Assessed at R1 or
343.0 L.F.
Pavement Only
4.47
1,533.21
•
R2, Gulf Coast Humane Society
1,533.21
Tract, Census Track 7
8.,
SCOTT ROBERSON
100% Assessed, Zoned Other Than
80.00 L.F.
Pavement Only
4.47
357.60
R1 or R2, 1115 Whelan Dr., Dunn
Tr. Cody Portition of 2 Acre
357.
Tr. 8o' x 414.9'
20.
20A
21.
22.
23.
J. R. RELDENFEIS
McBride Partition, 100% 489.23 L".T':
Assessed, 6.124 Acres out of
Tract 8
CONTINENTAL OIL CO.
9.73 Acres out of Tr. 8, 541.77 L.F.
McBride Partition, 100% Assesse
KINGDON HALL of JEHOVAH'S WITNE S
Zoned Other Than R1 or R2, 75% 42.0 L.F.
Assessed as R1 or Church, Lot (31.50)
1, Block 2, Whelan Addn.
T
M. R. DAVIS
Zoned Other Than R1 or R2, 75% 150.0 L.F.
Assessed, Lot 18, Block 1, (112.50)
Whelan Addn.
F. D. BLANTON
Zoned Other Than R1 or R2, 150.0 L.F.
75% Assessed, Lot 1 Block 1 (112.50)
Whelan Addn.
AGE LANE
. Pavement Only
Pavement Only
Pavement Only
OMAS STREET
Pavement Only
Pavement Only
8.76
8.76 4,745.91
4.47 140.81
4.47 1 502.88
4.47
Shee
3
Assessment Roll - Navigation Blvd.
From Leopard
Street to Up
River Road
a.
Contractor: Heldenfels Brothers )ZbBGa0& Used R -1 or R -2, C.G..& Pavement $ 4.47
i
b.
9" lime stabilized base, 6" cotacted
Zoned & Used Other Than R-1! or R -2 ),11f.$8.76
caliche, prime coat NC70, 212" T1pe
"A" Assessment Rate. Sidewalk per
sa. ft.1
$
hot mix asphaltic concrete & 121' Type Assessment Rate. Driveway per
sq. ft.1
$
"D" hot -mix asphaltic concrete.
ITEM
DESCRIPTION
TOTAL
NO.
OWNER & PROPERTY DESCRIPTION
QUANTITY
OF
RATE
AMOUNT
AMOUNT
ASSESSED
ASSESSMENT
/
ASSESSED
17.
B. B. MORSE
100% Assessed, Tract "A" out
119.0 L.F.
Pavement Only
4.47
531.93
of 14.509 Acres, Block 20,
531.93
Russell Farm Tract
18.
B. T. STALLCUP
100% Assessed, S. 50' & N. 50'
100.0 L.F.
Pavement Only
8.76
876.00
of Tract "B" out of 14.509
877-0-0
Acres, Blk. 20, Russell Farm
Tract
19.
J. A. HOOT
Russell Farm Tract, 100%
100.0 L.F
Pavement Only
8.76
876.00
Assessed, Tract "C" Block
b76.00
19 &20
20.
20A
21.
22.
23.
J. R. RELDENFEIS
McBride Partition, 100% 489.23 L".T':
Assessed, 6.124 Acres out of
Tract 8
CONTINENTAL OIL CO.
9.73 Acres out of Tr. 8, 541.77 L.F.
McBride Partition, 100% Assesse
KINGDON HALL of JEHOVAH'S WITNE S
Zoned Other Than R1 or R2, 75% 42.0 L.F.
Assessed as R1 or Church, Lot (31.50)
1, Block 2, Whelan Addn.
T
M. R. DAVIS
Zoned Other Than R1 or R2, 75% 150.0 L.F.
Assessed, Lot 18, Block 1, (112.50)
Whelan Addn.
F. D. BLANTON
Zoned Other Than R1 or R2, 150.0 L.F.
75% Assessed, Lot 1 Block 1 (112.50)
Whelan Addn.
AGE LANE
. Pavement Only
Pavement Only
Pavement Only
OMAS STREET
Pavement Only
Pavement Only
8.76
8.76 4,745.91
4.47 140.81
4.47 1 502.88
4.47
Shea 4
Assessment Roll - Navigation Blvd.
From Leopard Street to Up River Road
a. Contractor: Heldenfels Brothers MS98aM Used R -1 or R- 2,.C'.G..& Pavement $4';47
b. 9" Lime stabilized base, 6" compacted Zoned & Used Other Than R -1 or R -2 p,1.f.$8.76
caliche, prime coat MC70, 2," Type "A" Assessment Rate. Sidewalk per sa. ft. $
hot -mix asphaltic concrete & 11 Type Assessment Rate, Driveway per sq. ft. $
"D" hot -mix asphaltic concrete.
ITEM
DESCRIPTION
TOTAL
NO.
OWNER & PROPERTY DESCRIPTION
QUANTITY
OF
RATE
AMOUNT
AMOUNT
ASSESSED
ASSESSMENT
/
ASSESSED
MARGJ
RET STREET
24.,
C.E. MARSH
Zoned Other Than R1 or R2,
100% Assessed, Lot J, Block 133
Assessors Tract #14
100.0 L.F
Pavement Only
•4.47
447.00
447.00
25.
MRS. A. C. MILES
Zoned Other Than R1 or R2,
100% Assessed, Lot J -1, Block
133, Assessors Tract #14
50.0• L.F
Pavement Only
4.47
223.50
P �3, O
26.
H. C. ALVAREZ
Zoned Other Than R1 or R2,
100% Assessed, Lot K, Block 133
Assessors Tract 14
150.0 L.F.,
Pavement Only
8.76
1 314.00
1,31 .00
27.
CHRISTIAN INSTITUTE of CHURCH
OF JESUS, G.P. Gilbert Tr.
Zoned Other Than R1 or R2,
Assessed as R1 Church, Lot "L"
Block 133, Assessors Tract 14
75.0 L.F
Pavement Only
4.47
335.25
335.25
28.
TOM WHELAN
Zoned Other Than R1 or R2,
100% Assessed, Lot L -1t Block
133, Assessors Tract 14
75.0 L.F.
Pavement Only
8.76
657.00
57.00
29.
E. F. SCHRADER
Zoned Other Than R1 or R2,
100% Assessed, Lot "M ", Block
133, Assessors Tract 14
75.0 L.F.
Pavement Only
4.47
335.25
335.25
30.
W. 0. GERIAFF
Zoned Other Than R1 or R2,
100% Assessed, Lot M -1, Block
133, Assessors Tract 14
75.0 L.F.
Pavement; Only
4.47
335.25
335.25
100% Assessed, Lot N -1, Block
133, Assessors Tr. 14, Dunn Cod
Tract
33. TOM WHELAN
Zoned Other Than R1 or R2, 150.00 L.F.
100% Assessed, Lot "0" Block
34. FLOYD A. ROBERTS
Zoned Other Than R1 or R2, 75.24 L.F.
100% Assessed, Lot "P" Block
35• ALBERT EMMERT
Zoned Other Than R1 or R2, 75.08 L.F.
100% Assessed, Lot P -1, Dunn
Cody Tract
36. • W. L. HARRIS
Zoned Other Than R1 or R2, 75.0 L.F.
100% Assessed, Lot Q, Block
37. A. M. SHEPHERD
Zoned Other Than R1 or R2, 100% 75.33 L.F.
Assessed, Lot Q -1, Block
38. TOM WHELAN
Zoned Other Than RI or R2, 100% 92.00 L.F.
Assessed, Lot "R"
Total Cont act Price
Property 0 er Assessme
City's Por ion
Pavement Only
Pavement Only
Pavement Only
Pavement Only
Pavement Only
Pavement Only
$122,750.35
to 54,508.48
$ 68,241.87
8.76
1 314.00
Shee
5
1,3117
Assessment Roll - Navigation Blvd.
4.47
336.32
From Leopard Street to Up River Road
a.
Contractor: Heldenfels Brothers MGMMM Used R -1 or R- 2,.C.G..& Pavement $ 4.47
b.
9" Lime stabilized base, 6" compacted Zoned & Used Other Than R -1 or R -2 D.l.f.$ 8.76
caliche, prime coat MC70. 261" Type
"A" Assessment Rate. Sidewalk -per so, ft.
$
4.47
hot -mix asphaltic concrete & lz"
Type Assessment Rate. Driveway per so. ft.
$
335.
"D" hot -mix asphaltic concrete.
4.47
336.73
ITEM
DESCRIPTION
8.76
805.92
TOTAL
NO.
OWNER & PROPERTY DESCRIPTION
QUANTITY
OF
RATE
AMOUNT
AMOUNT
ASSESSED
ASSESSMENT
/
ASSESSED
31.
R. E. FULTON
Zoned Other Than R1 or R2,
75.00 L.F.
Pavement Only
4.47
335.25
100% Assessed, Lot "N ", Block
335.25
133, Assessors Tract 14
.32.
E. V. DUPREE
Zoned Other Than R1 or R2,
75.0 L.F.
Pavement Only
4.47
335.25
100% Assessed, Lot N -1, Block
133, Assessors Tr. 14, Dunn Cod
Tract
33. TOM WHELAN
Zoned Other Than R1 or R2, 150.00 L.F.
100% Assessed, Lot "0" Block
34. FLOYD A. ROBERTS
Zoned Other Than R1 or R2, 75.24 L.F.
100% Assessed, Lot "P" Block
35• ALBERT EMMERT
Zoned Other Than R1 or R2, 75.08 L.F.
100% Assessed, Lot P -1, Dunn
Cody Tract
36. • W. L. HARRIS
Zoned Other Than R1 or R2, 75.0 L.F.
100% Assessed, Lot Q, Block
37. A. M. SHEPHERD
Zoned Other Than R1 or R2, 100% 75.33 L.F.
Assessed, Lot Q -1, Block
38. TOM WHELAN
Zoned Other Than RI or R2, 100% 92.00 L.F.
Assessed, Lot "R"
Total Cont act Price
Property 0 er Assessme
City's Por ion
Pavement Only
Pavement Only
Pavement Only
Pavement Only
Pavement Only
Pavement Only
$122,750.35
to 54,508.48
$ 68,241.87
8.76
1 314.00
1,3117
4.47
336.32
33 •
4.47
335.61 •
335.
4.47
335.25
335.
4.47
336.73
336.
8.76
805.92
s
SECTION 4. BE IT FURTHER ORDAINED THAT IN THE EVENT THE ACTUAL
FRONTAGE OF ANY PROPERTY HEREIN ASSESSED SHALL BE FOUND UPON THE COMPLETION
OF SAID IMPROVEMENTS TO BE GREATER OR LESS THAN THE NUMBER OF FEET HEREIN -
ABOVE STATED, THE ASSESSMENTS HEREIN SET AGAINST ANY SUCH PROPERTY AND
AGAINST THE REAL AND TRUE OWNER OR OWNERS THEREOF SHALL BED 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 RULE OR 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 THE STREET ABOVE DESCRIBED, WITHIN THE
LIMITS 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, 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 NAVIGATION BOULEVARD, WITHIN THE LIMITS DEFINED ALL CERTIFI-
CATES 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 ISSUES IN ACCORDANCE WITH, AND SHALL EVI-
DENCE THE ACTUAL FRONTAGE OF SAID PROPERTY AND THE ACTUAL COST OF SAID
IMPROVEMENTS, THE AMOUNT NAMED IN SAID CERTIFICATE IN NO CASE TO EXCEED THE
AMOUNT HEREIN ASSESSED AGAINST SUCH PROPERTY UNLESS SUCH INCREASE BE CAUSED
BY AN EXCESS OF FRONT FOOTAGE OVER THE AMOUNT HEREINABOVE STATED, SUCH ACTUAL
COST AND SUCH ACTUAL NUMBER OF FRONT FEET, IF DIFFERENT FROM THE HEREINABOVE
SHOWN IN SECTION 3 HEREOF TO BE DETERMINED BY THE DIRECTOR OF PUBLIC WORKS
UPON COMPLETION OF SAID WORK ON SAID STREETS AND THE FINDINGS OF THE DIRECTOR
OF PUBLIC WORKS UPON COMPLETION OF SAID WORK ON SAID STREET, AND THE FINDINGS
OF THE DIRECTOR OF PUBLIC WORKS SHALL BE FINAL AND BINDING UPON ALL PARTIES
g # #•
CONCERNED.
SECTION 5. THAT THE SEVERAL SUMS MENTIONED ABOVE IN SECTION 3
HEREOF ASSESSED AGAINST SAID PARCELS OF PROPERTY ABUTTING ON THE PORTION
OF NAVIGATION BOULEVARD, 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 PERCENT (5 %) PER ANNUM WITH REASONABLE ATTORNEYS 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: AUGUST 3, 1966, 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: SIXTY (60) EQUAL
BE
MONTHLY I•NSTALLMENTS, THE FIRST OF WHICH WILL /PAYABLE ON OR BEFORE TWENTY
(20) DAYS AFTER THE COMPLETION OF SAID IMPROVEMENTS TO THE STREET UPON WHICH
t
THE RESPECTIVE PROPERTY ABUTS, AND ACCEPTANCE THEREOF BY THE SAID CITY
COUNCIL, THE REMAINING INSTALLMENTS TO BE DUE AND PAYABLE,.RESPECTIVELY, ONE
EACH MONTH BEGINNING SIXTY (60) DAYS AFTER THE DATE OF ACCEPTANCE, DEFERRED
PAYMENTS TO BEAR INTEREST FROM DATE OF SAID ACCEPTANCE AT THE RATE OF FIVE
PERCENT (5 %) PER ANNUM, PAYABLE MONTHLY CONCURRENTLY WITH EACH OF SAID INSTALL-
MENTS; PAST DUE INSTALLMENTS OF PRINCIPAL AND INTEREST TO BEAR INTEREST AT
THE SAME RATE PER ANNUM UNTIL PAID; PROVIDED, HOWEVER, THAT ANY OWNER OF
SUCH PROPERTY SHALL HAVE THE RIGHT TO PAY OFF THE ENTIRE AMOUNT OF SUCH
ASSESSMENT, OR ANY INSTALLMENT THEREOF BEFORE MATURITY, BY PAYING PRINCIPAL
AND ACCRUED INTEREST TO DATE OF SAID PAYMENT; AND PROVIDED, FURTHER, THAT
IF DEFAULT SHALL BE MADE IN THE PAYMENT OF ANY INSTALLMENT OF PRINCIPAL OR
INTEREST WHEN DUE, THEN THE ENTIRE AMOUNT OF SAID ASSESSMENT UPON WHICH
SUCH DEFAULT IS MADE, SHALL, AT THE OPTION OF HELDENFELS BROTHERS, THEIR
m
SUCCESSORS OR ASSIGNS, BE, AND BECOME IMMEDIATELY DUE AND PAYABLE AND SHALL
BE COLLECTIBLE TOGETHER WITH REASONABLE ATTORNEY'S FEES AND ALL COSTS AND
EXPENSES OF COLLECTION, IF INCURRED.
SECTION 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 THERE-
OFD BUT HELDENFELS BROTHERS SHALL LOOK SOLELY TO SUCH PROPERTY AND THE REAL
AND TRUE OWNER OR OWNERS THEREOF FOR THE PAYMENT OF THE SUMS VALIDLY
ASSESSED AGAINST SAID RESPECTIVE PARCELS OF PROPERTY, BUT SAID CITY SHALL
BE OBLIGATED TO FURNISH HELDENFELS BROTHERS VALID ASSESSMENTS AND ASSESSMENT
CERTIFICATES AND SHALL EXERCISE ALL OF ITS LAWFUL POWERS AND AID IN THE
ENFORCEMENT AND COLLECTION OF SAID LIENS AND ASSESSMENTS; AND IF DEFAULT
SHALL BE MADE IN THE PAYMENT OF ANY OF SAID SUMS HEREIN ASSESSED AGAINST
THE SAID PARCELS OF PROPERTY, AND THE REAL AND TRUE OWNER OR OWNERS THEREOF,
COLLECTION THEREOF SHALL BE ENFORCED AT THE OPTION OF HELDENFELS BROTHERS,
THEIR SUCCESSORS OR ASSIGNS, EITHER BY SUIT IN ANY COURT HAVING JURISDICTION
OR BY SALE OF THE PROPERTY ASSESSED AS NEARLY AS POSSIBLE IN THE MANNER AS
MAY BE PROVIDED BY LAW AND CHARTER IN FORCE IN SAID CITY FOR THE SALE OF
PROPERTY FOR THE COLLECTION OF AD VALOREM TAXES.
SECTION 7. THAT FOR THE PURPOSE OF EVIDENCING SAID ASSESSMENTS,
THE LIENS SECURING SAME AND THE SEVERAL SUMS ASSESSED AGAINST THE SAID
PARCELS OF PROPERTY AND THE REAL AND TRUE OWNER OR OWNERS THEREOF, AND
THE TIME AND TERMS OF PAYMENT, AND TO AID IN THE ENFORCEMENT THEREOF,
ASSIGNABLE CERTIFICATES SHALL BE ISSUED BY THE CITY OF CORPUS CHRISTI,
TEXAS TO HELDENFELS BROTHERS UPON THE COMPLETION OF SAID IMPROVEMENTS 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 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 THERE-
OFD THE RATE OF INTEREST.THEREON, THE DATE OF THE COMPLETION AND ACCEPTANCE
so
OF THE IMPROVEMENTS FOR WHICH THE CERTIFICATE IS ISSUED, AND SHALL CONTAIN
THE NAMES OF THE APPARENT TRUE OWNER OR OWNERS AS ACCURATELY AS POSSIBLE,
AND THE DESCRIPTION OF THE PROPERTY ASSESSED BY LOT AND BLOCK NUMBER, OR
FRONT FOOT THEREOF, OR SUCH OTHER DESCRIPTION AS MAY OTHERWISE IDENTIFY THE
SAME, AND IF THE SAID PROPERTY SHALL BE OWNED BY AN ESTATE OR FIRM, THEN TO
SO STATE THE FACT SHALL BE SUFFICIENT AND NO ERROR OR MISTAKE IN DESCRIBING
SUCH PROPERTY OR IN GIVING THE NAME OF ANY OWNER OR OWNERS, OR 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
INTEREST WHEN DUE THEN AT THE OPTION OF HELDENFELS BROTHERS, THEIR SUCCESSORS
OR ASSIGNS, OR THE HOLDER THEREOF, THE WHOLE OF SAID ASSESSMENT EVIDENCED
THEREBY SHALL AT ONCE BECOME DUE AND PAYABLE, AND SHALL BE COLLECTIBLE WITH
REASONABLE ATTORNEYS 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 CHARGES, EXCEPT FOR LAWFUL AD VALOREM TAXES, FROM AND
AFTER THE DATE SAID IMPROVEMENTS WERE ORDERED BY SAID CITY COUNCIL, TO -WIT:
AUGUST 3,,1966, AND SHALL PROVIDE IN EFFECT THAT IF DEFAULT SHALL BE MADE
IN THE PAYMENT THEREOF, THE SAME MAY BE ENFORCED, AT THE OPTION OF HELDENFELS
BROTHERS, OR THEIR SUCCESSORS AND ASSIGNS, BY THE SALE OF THE PROPERTY THERE-
IN 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 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 PRE-
REQUISITES TO THE FIXING OF THE ASSESSMENT LIEN AGAINST THE PROPERTY THEREIN
DESCRIBED OR ATTEMPTED TO BE DESCRIBED, AND THE PERSONAL LIABILITY OF THE
REAL AND TRUE OWNER OR OWNERS THEREOF, EVIDENCED BY SUCH CERTIFICATES,
HAVE BEEN REGULARLY DONE AND PERFORMED, WHICH RECITALS SHALL BE EVIDENCE
OF ALL THE MATTERS AND FACTS SO RECITED AND NO FURTHER PROOF THEREOF SHALL
BE REQUIRED IN ANY COURT.
THAT ALL SAID CERTIFICATES MAY HAVE COUPONS ATTACHED THERETO IN
EVIDENCE OF EACH OR ANY OF THE SEVERAL INSTALLMENTS THEREOF, WHICH MAY BE
SIGNED WITH THE FACSIMILE SIGNATURES OF THE MAYOR AND CITY SECRETARY.
THAT SAID CERTIFICATES SHALL FURTHER PROVIDE IN EFFECT THAT THE
CITY OF CORPUS CHRISTI, TEXAS, SHALL EXERCISE ALL OF ITS LAWFUL POWERS, WHEN
REQUESTED SO TO DO BY THE HOLDER OF SAID CERTIFICATE, TO AID IN THE ENFORCE-
MENT AND COLLECTION THEREOF, AND SAID CERTIFICATES MAY CONTAIN OTHER AND
FURTHER RECITALSI PERTINENT AND APPROPRIATE THERETO. 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 9. THAT ALL SUCH ASSESSMENTS LEVIED ARE A PERSONAL LIA-
BILITY AND CHARGE AGAINST THE REAL AND TRUE OWNER OR OWNERS OF THE PROPERTY
DESCRIBED, OR ATTEMPTED TO BE DESCRIBED, NOTWITHSTANDING SUCH OWNER OR
OWNERS MAY NOT BE NAMED OR CORRECTLY NAMED, AND ANY IRREGULARITY IN THE
NAME OF THE PROPERTY OWNER, OR THE DESCRIPTION OF ANY PROPERTY OR THE
AMOUNT OF ANY ASSESSMENT, OR IN ANY OTHER MATTER OR THING SHALL NOT IN ANY-
WISE INVALIDATE OR IMPAIR ANY ASSESSMENT LEVIED HEREBY OR ANY CERTIFICATE
ISSUED, AND SUCH MISTAKE, OR ERROR, INVALIDITY OR IRREGULARITY WHETHER IN
SUCH ASSESSMENT OR IN THE CERTIFICATE ISSUED IN EVIDENCE THEREOF, MAY BED
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 THE AFOREMENTIONED STREETS, WHICH IS EXEMPT FROM THE LIEN OF
SAID ASSESSMENT, SHALL IN NO WISE AFFECT OR IMPAIR THE VALIDITY OF ASSESS-
MENTS AGAINST THE OTHER PARCELS OF PROPERTY ABUTTING UPON SAID STREETS; AND
THAT THE TOTAL AMOUNTS ASSESSED AGAINST THE RESPECTIVE PARCELS OF PROPERTY
-12-
ABUTTING UPON SAID STREETS, WITHIN THE LIMITS HEREIN DEFINED, AND THE
REAL AND TRUE OWNER OR OWNERS THEREOF, ARE THE SAME AS, OR LESS THAN, THE
ESTIMATE OF SAID ASSESSMENT PREPARED BY THE DIRECTOR OF PUBLIC WORKS AND
APPROVED AND ADOPTED BY SAID CITY COUNCIL AND ARE IN ACCORDANCE WITH THE
PROCEEDINGS OF SAID CITY COUNCIL RELATIVE TO SAID IMPROVEMENTS AND ASSESS-
MENTS THEREFOR, AND WITH THE TERMS, POWERS AND PROVISIONS OF SAID CHAPTER
106 OF THE ACTS OF THE FIRST- CALLED SESSION OF THE MOTH LEGISLATURE OF THE
STATE OF TEXAS, KNOWN AS ARTICLE 11058 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 THE ABOVE DESCRIBED STREET HAS BECOME AN
IMPORTANT THOROUGHFARE AND THE FACT THAT THE PRESENT CONDITION OF SAID STREET
WITHIN THE LIMITS DEFINED, 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, 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
EF T /FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE
O� [ DAY OF AUGUST, 1966.
ATTEST:
CITY SECRETARY
APPROVED AS TO LEGAL FORM HIS
DAY OF A ST, 7866:
CITY ATTOANE
t� Y` �/J/dJ aR
THE CITY OF CORPUS CHRISTI, TEXAS
CORPUS CHRISTI, TEXAS
91-4,t DAY OF
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; I, THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE
OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRO -
DUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL.
A
RESPECTFULLY,
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
DR. MCIVER FURMAN
JACK BLACKMON
PATRICK J. DUNNE
DR. P. JIMENEZ� JR.
KEN MCDANIEL
RONNIE SIZEMORE
WM. H. WALLACE
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
DR. MCIVER FURMAN
JACK BLACKMON U
� PATRICK J. DUNNE
DR. P. JIMENEZ, JR.
KEN MCDANIEL
RONNIE SIZEMORE
WM. H. WALLACE