HomeMy WebLinkAbout08190 ORD - 09/28/19669 -28 -66
AN ORDINANCE
APPROVING AND ADOPTING THE DIRECTOR OF PUBLIC WORKS
WRITTEN STATEMENT AND REPORT OF THE ESTIMATES OF THE
VARIOUS COSTS FOR THE IMPROVEMENTS OF THAT PORTION OF
SOUTH LANE OF BRAWNER PARKWAY FROM CARROLL LANE TO
DAKIN PLACE; WILLOW STREET FROM 150 FEET SOUTH OF
HARRIS DRIVE TO THE SOUTH LANE OF BRAWNER PARKWAY, AND
PECAN STREET FROM WILLOW STREET TO CARROLL LANE; DETER-
MINING AND FIXING THE PORTION OF SAID COSTS TO BE PAID
BY THE CITY OF CORPUS CHRISTI, TEXAS; DETERMINING THE
NECESSITY OF LEVYING AN ASSESSMENT AGAINST SAID ABUTTING
PROPERTY; ORDERING AND SETTING A HEARING TO BE HELD ON
OCTOBER 19, 1966, TO GIVE NOTICE OF SAID HEARING AS
REQUIRED BY THE LAWS OF THE STATE OF TEXAS AND THE CHARTER
OF THE CITY OF CORPUS CHRISTI; AND DECLARING AN EMERGENCY.
WHEREAS, THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS,
HERETOFORE ON THE 28TH DAY OF SEPTEMBER, 1966, BY DULY ENACTED ORDINANCE
DETERMINED THE NECESSITY FOR AND ORDERED THE IMPROVEMENT OF THE PORTION OF
THE SOUTH LANE OF BRAWNER PARKWAY FROM CARROLL LANE TO DAKIN PLACE; WILLOW
STREET FROM 150 FEET SOUTH OF HARRIS DRIVE TO THE SOUTH LANE OF BRAWNER
PARKWAY AND PECAN STREET FROM WILLOW STREET TO CARROLL LANE, A DULY EXECUTED
NOTICE OF SAID ORDINANCE HAVING THEREAFTER BEEN FILED IN THE NAME OF THE
CITY WITH THE COUNTY CLERK OF NUECES COUNTY, TEXAS; AND
WHEREAS, PURSUANT TO THE ORDINANCE OF SEPTEMBER 28, 1966, ABOVE
MENTIONED, AND AFTER HAVING ADVERTISED FOR AND RECEIVED BIDS ON THE CONSTRUC-
TION 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,
HAVING AWARDED A CONTRACT FOR THE CONSTRUCTION OF SAID IMPROVEMENTS TO FOWCO
CONSTRUCTION CO., INC., ON ITS LOWEST AND MOST ADVANTAGEOUS BID, AND HAVING
DULY AND REGULARLY MADE APPROPRIATION OF FUNDS AVAILABLE FOR SAID PURPOSE
TO COVER THE ESTIMATED COST TO SAID CITY OF SAID IMPROVEMENTS, ALL AS PRO-
VIDED BY THE CORPUS CHRISTI CITY CHARTER AND BY -LAWS AND THE LAWS OF THE
STATE OF TEXAS, DID EXECUTE HERETOFORE ON , 1966, A
CONTRACT WITH FOWCO CONSTRUCTION CO., INC., AND THE PERFORMANCE BOND REQUIRED
BY SAID CONTRACT'HAVING BEEN PROPERLY FURNISHED AND POSTED BY SAID FOWCO
CONSTRUCTION CO., INC., AND ACCEPTED BY SAID CITY COUNCIL AS TO FORM AND
AMOUNT AS REQUIRED BY THE CHARTER OF THE 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 COSTS OF SUCH IMPROVEMENTS AND
ESTIMATES OF THE AMOUNT PER FRONT FOOT PROPOSED TO BE ASSESSED AGAINST THE
PROPERTY ABUTTING SAID STREET TO BE IMPROVED, AND THE REAL AND TRUE OWNERS
THEREOF, AND SAID DIRECTOR OF PUBLIC WORKS HAS HERETOFORE FILED SAID ESTI-
MATES AND A STATEMENT OF OTHER MATTERS RELATING THERETO WITH SAID CITY
COUNCIL, AND THE SAME HAVING BEEN RECEIVED AND EXAMINED BY SAID CITY COUNCIL;
AND
WHEREAS, IN ACCORDANCE WITH SAID STATEMENT OF ESTIMATES AND OTHER
MATTERS PREPARED AND FILED BY SAID DIRECTOR OF PUBLIC WORKS HEREIN APPROVED
BY SAID CITY COUNCIL, THE TOTAL ESTIMATED COST OF THE WHOLE IMPROVEMENT OF
BRAWNER PARKWAY, WILLOW STREET AND PECAN STREET, WITHIN THE LIMITS HEREIN -
ABOVE DEFINED, IS $53,280.70. THAT THE TOTAL ESTIMATED AMOUNT OF THE COST
OF SAID IMPROVEMENTS TO THE FOREGOING STREETS PROPOSED TO BE ASSESSED AGAINST
THE ABUTTING PROPERTY, AND THE REAL AND TRUE OWNERS THEREOF, IS $21,8i6.7O;
THE TOTAL ESTIMATED AMOUNT OF THE COST OF SAID IMPROVEMENTS TO THE FOREGOING
STREETS WITHIN THE LIMITS ABOVE DEFINED PROPOSED TO BE PAID BY THE CITY OF
CORPUS CHRISTI IS $31,464.00; AND
WHEREAS, ACCORDING TO SAID WRITTEN STATEMENT OF SAID DIRECTOR OF
PUBLIC WORKS, THE NAMES OF THE APPARENT OWNERS OF SAID ABUTTING PROPERTY,
THE DESCRIPTION OF THEIR PROPERTY, THE NUMBER OF FRONT FEET OWNED BY EACH,
THE ASSESSMENT RATES IN SQUARE AND LINEAL FEET, THE AMOUNT PROPOSED TO BE
ASSESSED AGAINST EACH ABUTTING PROPERTY AND THE REAL AND TRUE OWNERS THEREOF
AND OTHER MATTERS CONTAINED IN SAID STATEMENT ARE AS FOLLOWS, TO -WIT:
-2-
TO: THE MAYOR AND CITY COUNCIL
FROM: DIRECTOR OF PUBLIC WORKS
HEREWITH ARE SUBMITTED OWNERSHIP ROLLS, SHOWING THE NAMES OF
THE APPARENT PROPERTY OWNERS OF ABUTTING PROPERTY ON THAT PORTION OF THE
SOUTH LANE OF BRAWNER PARKWAY FROM CARROLL LANE TO DAKIN PLACE; WILLOW
STREET FROM 150 FEET SOUTH OF HARRIS DRIVE TO THE SOUTH LANE OF BRAWNER
PARKWAY, AND PECAN STREET FROM WILLOW STREET TO CARROLL LANE. ALSO SHOWN
ARE THE NUMBER OF FRONT FEET OWNED BY EACH, THE DESCRIPTION OF THEIR PRO -
PERTY5 THE ASSESSMENT RATES IN SQUARE AND LINEAL FEET, AND THE AMOUNT
PROPOSED TO BE ASSESSED AGAINST EACH ABUTTING PROPERTY AND THE REAL AND
TRUE OWNERS THEREOF. A SUMMARY OF THE ASSESSMENT RATES, THE TOTAL AMOUNT
OF ASSESSMENTS AND THE TOTAL AMOUNT TO BE PAID BY THE CITY OF CORPUS CHRISTI
IS AS FOLLOWS:
THE ASSESSMENT RATES FOR THE IMPROVEMENTS TO THE FOREGOING STREETS,
WITHIN THE LIMITS ABOVE DEFINED, AS AS FOLLOWS:
PROPERTY ZONED AND USED °R -1" OR "R -2" OR CHURCH $ 5.88 PLF
4 -FOOT WIDE CONCRETE SIDEWALK 0.38 PSF
CONCRETE DRIVEWAY 0.85 PSF
TOTAL ESTIMATED COST OF WHOLE IMPROVEMENTS WITHIN
THE LIMITS DEFINED: $53,280.70
TOTAL AMOUNT TO BE ASSESSED: 21,816.7o
TOTAL COST TO CITY OF CORPUS CHRISTI T31,TPFOO
APPROVED:
CITY ENGINEER AND ACTING DIRECTOR OF
PUBLIC WORKS
CITY MANAGER
-3-
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CORPUS CHRISTI, TEXAS:
SECTION 1. THAT THE WR.I.TTEN STATEMENT AND REPORT OF THE DIRECTOR
OF PUBLIC WORKS HERETOFORE FILED WITH THE CITY COUNCIL, SHOWING THE ESTI-
MATED TOTAL COST OF THE WHOLE IMPROVEMENT OF SAID BRAWNER PARKWAY, PECAN
STREET AND WILLOW STREET, WITHIN THE LIMITS ABOVE DEFINED; THE ESTIMATED
AMOUNT PER SQUARE AND LINEAL FOOT TO BE ASSESSED AGAINST THE ABUTTING PRO-
PERTY AND THE REAL AND TRUE OWNERS THEREOF FOR THE CONSTRUCTION OF NEW PAVE-
MENT, CURBS, GUTTERS, DRIVEWAYS AND SIDEWALKS ON THE AFORESAID STREET; THE
TOTAL ESTIMATED AMOUNT OF COST OF SAID IMPROVEMENTS ON SAID STREETS, WITHIN
THE LIMITS DEFINED, PROPOSED TO BE PAID BY THE CITY OF CORPUS CHRISTI; AND
THE NAME OF THE APPARENT OWNERS OF THE PROPERTY ABUTTING ON SAID STREETS,
WITHIN THE LIMITS DEFINED, WITH THE NUMBER OF FRONT FEET OWNED BY EACH AND
' THE DESCRIPTION OF THE PROPERTY, AND OTHER MATTERS RELATIVE THERETO, HAVING
BEEN RECEIVED AND EXAMINED BY THE CITY COUNCIL, SAID REPORT IS HEREBY IN ALL
THINGS APPROVED AND ADOPTED.
SECTION 2. THAT IT IS HEREBY FOUND AND DETERMINED THAT THE TOTAL
ESTIMATED COST OF THE WHOLE IMPROVEMENT OF THE ABOVE NAMED STREETS, WITHIN
THE LIMITS ABOVE DEFINED, IS $53,280.70. THAT THE TOTAL ESTIMATED AMOUNT
OF THE COST OF SAID IMPROVEMENTS TO THE FOREGOING STREETS PROPOSED TO BE
ASSESSED AGAINST THE ABUTTING PROPERTY AND THE REAL AND TRUE OWNERS THEREOF,
IS $21,816.70; THE TOTAL ESTIMATED AMOUNT OF THE COST OF SAID IMPROVEMENTS
TO THE FOREGOING STREETS WITHIN THE LIMITS ABOVE DEFINED PROPOSED TO BE
PAID BY THE CITY OF CORPUS CHRISTI IS $31,464.00.
SECTION 3. THAT A PORTION OF THE COST OF SAID IMPROVEMENTS SHALL
BE PAID AND DEFRAYED BY THE CITY OF CORPUS CHRISTI, TEXAS, AND THAT A POR-
TION OF THE COST OF SAID IMPROVEMENTS SHALL BE PAID BY AND ASSESSED AGAINST
THE PROPERTY ABUTTING UPON SAID STREETS, WITHIN THE LIMITS ABOVE DEFINED, AND
AGAINST THE REAL AND TRUE OWNERS THEREOF, IN ACCORDANCE WITH, AND IN THE
MANNER PROVIDED BY, THE CHARTER OF THE CITY OF CORPUS CHRISTI, TEXAS,
AND BY ARTICLE 11058 OF VERNON'S ANNOTATED CIVIL STATUTES OF TEXAS, AND
THAT THE TOTAL COST OF SAID IMPROVEMENTS SHALL BE AND ARE HEREBY APPORTIONED
BETWEEN SAID PARTIES AND SHALL BE PAID AND DEFRAYED AS FOLLOWS:
-4-
�reliminary Assessment Rpll Sheet No.
Pecan Street - Willow St. to Carroll Lane _
Fowco Construction Company Zoned & Used R -1 or R -2, C. G. & Pavement $ 5.88
P. 0. Box 5426 Zoned & Used Other Than R -1 or R -2 p.l.f. $ --
Corpus Christi, Texas Assessment Rate, Sidewalk per sq. ft. $ 0.38
Assessment Rate, Driveway per sq. ft. $ 0,85
:TEM
NO.
OWNER & PROPERTY DESCRIPTION
QUANTITY
ASSESSED
DESCRIPTION
OF
ASSESSMENT
RATE
AMOUNT
TOTAL
AMOUNT
ASSESSED
1
MARIN MALDONADO '
75.0 L.F.
Curb Gutter & Pvmt
$5.88
$441.00
Lot 8 - Blk. 3, Carroll Lane
145.6 S.F.
15' Driveway
0.85
123.76
Pkrk -Unit I
279• S.F.
4' Sidewalk
0.38
106.02
$ 670.78
2
MILTON COX
80.0 L.F.
Curb Gutter & Pvmt
5.88
470.40
Lot 9 - Blk. 3, Carroll Lane
114.1 S.F.
11.5' Driveway
0.85
96.99
Park #1
274. S.F.
4' Sidewalk
0.38
104.12
671.51
3
STEVE RICHTER
80.0 L.F.
Curb Gutter & Pvmt
5.88
470.40
Lot 10 - Blk. 3, Carroll Lane
154.6 S.F.
16' Driveway
0.85.
131.41
Park #1
256. S.F.
4' Sidewalk
0.38
97.28
699.09
4
ROBERT BAMMERT
80.0 L.F.
Curb Gutter & Pvmt
5.88
470.40
Lot 11 - Blk- 3, Carroll Lane
154.6 S.F.
16' Driveway
0.85
131.41
Park #1
256. S.F.
4' Sidewalk
0.38
97.28
699.09
5
I. E. CRANE
80.0 L.F.
Curb Gutter & Pvmt
5.88
470.40
Lot 12 - Blk. 3, Carroll Lane
136.6" S.F.
14' Driveway
0.85
116.11
Park #1
264. S.F.
4' Sidewalk
0.38
100.32
686.83
6
L. E. PARADER
80.0 L.F.
Curb Gutter & Pvmt
5.88
470.40
Lot 13 - Blk. 3, Carroll Lane
100.6 S.F.
10' Driveway
0.85'
85.51
Park #1
304. S.F.
4' Sidewalk
0.38
115.52
671.43
7
MRS. STEVE RICHTER
80.0 L.F.
Curb Gutter & Pvmt
5.88
470.40
Lot 14 - Blk. 3, Carroll Lane
100.6 S.F.
10' Driveway
0.85
85.51
Park #1
280. S.F.
4' Sideway
0.38
106.40
662.31
8
W. A. HUNT
75.0 LtF.
Curb Gutter, & Pvmt
5.88
441.00
Lot 7 - Blk. 2, Carroll Lane
--
--
--
--
Park #1
344. S.F.
4' Sidewalk
0.38
130.72
571.72
9 _
HOMER G. CHANEY
80.0 L.F.
Curb Gutter & Pvmt
5.88
470.40
Lot 6 - Blk. 21 Carroll Lane
100.6 S.F.
10' Driveway
0.85
85.51
Park #1
280. S.F.
4' Sidewalk
0.38
106.40
662.31
10
EDWARD FARMER
,
80.0 L.F.
Curb Gutter & Pvmt
5.88
470.40
Lot 5 - Blk. 2, Carroll Lane
100.6 S.F.
10' Driveway
0.85
85.51
Park #1
296.5 S.F.
V Sidewalk
0.38
112.67
668.58
P
EL.IMINARY.
14,.• Preliminary Assessment Roll
Sheet No.
Pecan Street - Willow St. to Carroll Lane ,_
Willow St. - 140 Ft. South Harris Dr. to Brawner Pkwy. _
Fowco Construction Company Zoned & Used R -1 or R -2, C.G. & Pavement $ 5.88
P. 0. Box 5426 Zoned & Used Other Than R -1 or R -2 p.l.f. $ --
Corpus Christi, Texas Assessment Rate, Sidewalk per sq. ft. $ 0.38
Assessment Rate, Driveway per sq. ft. $ o.85
'TEMa)
NO.9
OWNER & PROPERTY DESCRIPTION
QUANTITY
ASSESSED
DESCRIPTION
OF
ASSESSMENT
RATE
AMOUNT
TOTAL
AMOUNT
ASSESSED
11
AUBRA PEARL KNUDSEN
80.0 L67.
Curb Gutter & Pvmt
$5.88
$470.40
Lot 4 - Blk. 2, Carroll Lane
100.6 S.F.
10' Driveway
0.85
85.51
+o,
43
Park #1
280. S.F.
4' sidewalk
o.38
106.40
$ 662.31
12
VERNON W. ELLIS
80.0 L.F.
Curb Gutter•& Pvmt
5.88
470.40
Lot 3 - Blk. 2, Carroll Lane
100.6 S.F.
10' Driveway
0.85
85.51
Park #1
280. S.F.
4' Sidewalk
0.38
106.40
662.31
13 �'
J. A. KARARAR
80.0 L.F.
Curb Gutter & Pvmt
;5.88
470.40
Lot 2 - Blk. 2, Carroll Lane
100.6 S.F.
10' Driveway
0.85
85.51
Park #1
296.5 S.F.
4' Sidewalk
0.38
112.67
668.58
14 w
MARGARET PERRENOT
80.0 L.F.
Curb Gutter & Pvmt
5.88
470.40
Lot 1 - Blk. 2, Carroll Lane
--
--
--
--
.
Park #1
336.5 S.F.
4' Sidewalk
0.38
127.87
598.27
15
KENNETH 0. WHITLEY
75.17 L.F.
Curb Gutter & Pvmt
5.88
441.99
Lot 1 - Blk. 4, Belleview
--
--
--
--
Add'n. (58.5% assessed)
327.6 S.F.
4' Sidewalk
0.38
124.49
566.48
16 P,
. JOHN A. MINGLE
81.90 L.F.
Curb Gutter & Pvmt
5.88
481.57
Lot 1 - Blk. 3, Belleview
--
--
--
--
Add'n- (58.5% assessed)
327.60 S.F.
4' Sidewalk
0.38
124.49
606.06
H
17*--
J. 0. BURNETT
115.91 L.F.
Curb Gutter & Pvmt
5.88
681.55
4°,
Lot K. Travis Subdivision,
30.0 L.F.
Curb Gutter & Pvmt
5.88
176.40
(73.03% assessed on Willow)
463.64 S.F.
4' Sidewalk
0.38
176.18
1,034.13
H
18 *w
ADA MAE SMITH
132.0 L.F.
Curb Gutter & Pvmt
5.88
776.16
Lot E, Sarah Gocher Subdivi-
49.0 L.F.
Curb Gutter & Pvmt
5.88
288.12
m
sion
63.0 S.F.
15' Driveway
0.85
53-55
528.0 S.F.
4' Sidewalk
0.38
200.64
1,318.47
19 o
JAMES E. LOOMIS
75.17 L:-'.
Curb Gutter & Pvmt
5.88
441.99
w
Lot 11'- Blk. 2, Belleview
--
--
--
--
Add'n. (58.5% assessed)
327.6 S.F.
4' Sidewalk
o.38
124.49
566.48 .
20,°0
EVERETT D. FOX
81.90 L.F.
Curb Gutter &,Pvmt
5.88
481.57
i
Lot 11 - Blk. 1, Belleview
--
--
-
'
Add'n.' (58.5% assessed)
327.6 S.F.
4' Sidewalk
0.38
124.49
606.06
w
3
•Includes
assessment on
Dalraida Street
Preliminary Assessment Roll
H
m
Willow St. - 140 ft.• South Harris Dr_f td Braw_nerPkwy. _
Brawner Pkwy. - Dakin Place to Carroll Lane
Fowco Construction Comuany
m P. 0. Box 5426
Corpus Christi Texas
A
Sheet No.
Zoned & Used R -1 or R -2, C.G. & Pavement
Zoned & Used Other Than R -1 or R -2 p.l.f.
Assessment Rate, Sidewalk per sq, ft.
Assessment Rate, Driveway per sq. ft.
$5.88
$0:38
$0.85
TEM.
DESCRIPTION
TOTAL
NO w
OWNER & PROPERTY DESCRIPTION
QUANTITY
OF
AMOUNT
o
ASSESSED
ASSESSMENT
RATE
AMOUNT
ASSESSED
21-90
ROBERT & RUTH VOGEL
111.96 L.F.
Curb Gutter & Pvmt
$5.88
$658.32
o
Lot L, Travis Subdivision
20.00 L.F.
Curb Gutter & Pvmt
5.88
117.60
''
M
(70.43% on Willow Street)
447.84 S.F.
4' Sidewalk
0.38
170.18
$ 946.10
22*1
DR. W. R. BANE
132.0 L.F.
Curb Gutter & Pvmt
5.88
776.16
Lot D, Sarah Gocher Subdivi-
13.0 L.F.
Curb Gutter & Pvmt
5.88
76.44
1
sion
528.0• S.F.
4' Sidewalk
0.38
200.64
1,053.24
23 t
PERRY R. SMITH
10.0 L.F.
Curb Gutter & Pvmt
5.88
58.80
Lot G2, Sarah Gocher Sub-
40.0 S.F.
4' Sidewalk
0.38
15.20
74.00
y
division (50% assessed)
24 a
E.O. & NORMA LANE MARSHALL
132.0 L.F.
Curb Gutter & Pvmt
5.88
776.16
Lots G1 & F2, Sarah Gocher
528.0 S.F.
4' Sidewalk
0.38
200.64
976.80
Subdivision (100%i assessed)
ro
25
HAROLD FRAIN
33.0 L:F.
Curb Gutter & Pvmt
5.88
194.04
+o,
'Lot F1, Sarah Gocher Sub-
100.6 S.F.
10' Driveway
0.85
85.51
v
division (50% assessed)
112.0 S.F.
4' Sidewalk
0.38
42.56
322.11
V
26 w
ADA MAE SMITH
60.5 L.F.
Curb Gutter & Pvmt
5.88
355.74
r
Lot E, Sarah Gocher Sub-
242.0 S.F.
4' Sidewalk
0.38
91.96
447.70
division (50% assessed)
27 ,
DR. W. R. BANE
463.98 W.F.
Curb Gutter & Pvmt
5.88
21728.20
Lot A, C. D, Sarah Gocher,
1855.92 S.F.
4' Sidewalk
0.38
705.25
3,433-45
Subdivision (100% assessed)
28 a
DR. W. R. BANE
82.5 'L.F.
Curb Gutter & Pvmt
5.88
•485.10
Lot B, Sarah Gocher Sub-
330.0 S.F.
4' Sidewalk
0.38
125.40
610.50
division (50% assessed)
ra
Amount of Contract
$53,280.7
Less Assessments
21 -816.7
21 816.70
Total Cost to
City $31,464.
*Includes as
essment on
lraida Street
N
(A) THE CITY OF CORPUS CHRISTI SHALL PAY THE WHOLE COST OF
CONSTRUCTION, RECONSTRUCTION OR REPAIR OF THE CURBS GUTTERS AND SIDEWALKS,
WITHIN THE INTERSECTIONS OF SAID STREETS WITH OTHER STREETS AND ALLEYS AND
SHALL PAY NOT LESS THAN ONE -TENTH (1/10TH) OF THE TOTAL REMAINING COST OF
SAID IMPROVEMENTS ON SAID STREETS, EXCLUSIVE OF THE COST OF THE CURBS,
GUTTERS AND SIDEWALKS, IN FRONT OF THE RESPECTIVE PROPERTIES ABUTTING UPON
SAID STREET, SAID COSTS BEING IN THE AMOUNTS AS HEREINBEFORE SET OUT IN
SECTION Z HEREOF.
(B) THE PROPERTY ABUTTING UPON SAID STREETS WITHIN THE LIMITS
ABOVE DEFINED, AND THE REAL AND TRUE OWNERS THEREOF, SHALL BE ASSESSED AND
PARTICIPATE IN THE TOTAL COST OF CONSTRUCTIONS RECONSTRUCTION OR REPAIRING
AS THE CASE MAY BE, OF PAVEMENT, SIDEWALKS, CURBS GUTTERS AND DRIVEWAYS
IN FRONT OF THE RESPECTIVE PROPERTY, SAID COSTS TO BE AT THE; RATE OF AND
IN THE AMOUNTS AS SHOWN HEREINABOVE.
THE AMOUNTS PAYABLE BY THE ABUTTING PROPERTY AND THE REAL AND TRUE
OWNERS THEREOF SHALL BE ASSESSED AGAINST SUCH ABUTTING PROPERTY, AND THE
REAL AND TRUE OWNERS THEREOF, AND SHALL CONSTITUTE A FIRST AND PRIOR LIEN
UPON SUCH ABUTTING PROPERTY AND A PERSONAL LIABILITY OF THE REAL AND TRUE
OWNERS THEREOF; PROVIDED, HOWEVER, THAT NO AMOUNT SHALL BE ASSESSED AGAINST
SUCH ABUTTING PROPERTY, OR THE REAL AND TRUE OWNERS THEREOF, IN EXCESS OF
THE BENEFITS TO SAID PROPERTY IN THE ENHANCED VALUE THEREOF BY REASON OF
SAID IMPROVEMENTS ON THE STREET UPON WHICH IT ABUTS, AND THAT SAID COST
WHICH MAY BE ASSESSED AGAINST SUCH PROPERTY AND ITS REAL AND TRUE OWNERS
SHALL BE IN ACCORDANCE WITH THE FRONT FOOT RULE OR PLAN IN PROPORTION AS
THE FRONTAGE OF SUCH PROPERTY IS TO THE FRONTAGE TO BE IMPROVED, PROVIDED
THAT? IF IT SHALL APPEAR AT THE HEARING ON SPECIAL BENEFITS HEREINAFTER
PROVIDED FOR, THAT THE APPLICATION OF SUCH RULE OR PLAN WILL RESULT IN
INEQUALITY OR INJUSTICE THEN SUCH RULE OF APPORTIONMENT SHALL BE APPLIED
AS WILL IN THE JUDGMENT OF THE CITY COUNCIL PRODUCE SUBSTANTIAL JUSTICE AND
EQUALITY BETWEEN RESPECTIVE PARCELS OF PROPERTY AND THE REAL AND TRUE OWNERS
THEREOF, CONSIDERING THE SPECIAL BENEFITS IN ENHANCED VALUE TO BE RECEIVED
-5-
AND BURDENS IMPOSED1 ALL IN ACCORDANCE WITH AND AS PROVIDED FOR IN SAID
CITY CHARTER AND THE PROVISION OF ARTICLE 1105B, VERNON'S ANNOTATED CIVIL
STATUTES OF TEXAS.
THAT THE AMOUNTS PAYABLE BY THE REAL AND TRUE OWNERS OF SAID
ABUTTING PROPERTY SHALL BE PAID AND BECOME PAYABLE IN FIVE (5) EQUAL
INSTALLMENTS THE FIRST OF WHICH SHALL BE DUE AND PAYABLE TWENTY (?0)
DAYS AFTER THE DATE SAID IMPROVEMENTS ARE COMPLETED AND ACCEPTED BY THE
SAID CITY COUNCILS AND THE REMAINING FOUR (4) INSTALLMENTS TO BE DUE
AND PAYABLE RESPECTIVELY, ONE (1), TWO (Z), THREE (3) AND FOUR (4) YEARS
FROM AND AFTER THE DATE OF SUCH ACCEPTANCE AND BEARING INTEREST AT THE
RATE OF FIVE (5 %) PERCENT PER ANNUM FROM SAID DATE OF ACCEPTANCE, PAYABLE
ANNUALLY; PROVIDED, HOWEVER, THAT THE OWNERS OF SAID PROPERTY SHALL HAVE
THE PRIVILEGE OF PAYING ANY ONEp OR ALL, OF SUCH INSTALLMENTS AT ANY TIME
BEFORE MATURITY THEREOF BY PAYING THE TOTAL AMOUNT OF PRINCIPAL DUE,
TOGETHER WITH INTEREST ACCRUED, TO THE DATE OF PAYMENT; FURTHERS THAT IF
DEFAULT BE MADE IN PAYMENT OF ANY SUCH INSTALLMENTS OF PRINCIPAL OR INTEREST
PROMPTLY AS SAME MATURES, THEN AT THE OPTION OF THE CONTRACTOR OR ASSIGNS
THE ENTIRE AMOUNT OF THE ASSESSMENT UPON WHICH SUCH DEFAULT IS MADE SHALL
BE AND BECOME DUE AND PAYABLE TOGETHER WITH REASONABLE ATTORNEYS FEES
AND COLLECTION COSTS IF INCURRED.
SECTION 4. THAT A HEARING BE GIVEN TO THE REAL AND TRUE OWNERS
AND ALL OWNING OR CLAIMING ANY INTEREST IN ANY PROPERTY ABUTTING UPON
SAID PORTION OF SAID STREETS, WITHIN THE LIMITS ABOVE DEFINED AND TO
ALL OTHERS OWNING, CLAIMING OR INTERESTED IN SAID PROPERTY, OR ANY OF
SAID-MATTERS AS TO THE ASSESSMENTS AND TO THE AMOUNT TO BE ASSESSED AGAINST
EACH PARCEL OF PROPERTY AND THE REAL AND TRUE OWNERS THEREOF, AND AS TO
THE SPECIAL BENEFITS TO SAID PROPERTY TO BE RECEIVED FROM SAID IMPROVEMENTS
IF ANY, OR CONCERNING ANY ERROR, INVALIDITY, IRREGULARITY OR DEFICIENCY
IN ANY PROCEEDINGS OR CONTRACT WITH REFERENCE THERETO, OR CONCERNING ANY
MATTER OR THING CONNECTED THEREWITHp WHICH HEARING SHALL BE HELD BY THE
CITY COUNCIL OF SAID CITY IN THE COUNCIL CHAMBER OF THE CITY HALL OF THE
CITY OF CORPUS CHRISTI, TEXAS, AT 3:00 O'CLOCK P.M. ON THE 19TH DAY OF
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. r
OCTOBERS 1966, AT WHICH TIME ALL PERSONS, FIRMS CORPORATIONS OR ESTATES,
OWNING OR CLAIMING ANY SUCH ABUTTING PROPERTY, OR ANY INTEREST THEREIN,
AND THEIR AGENTS OR ATTORNEYS, OR PERSONS INTERESTED IN SAID PROCEEDINGS
ARE NOTIFIED TO APPEAR AND TO BE HEARD IN PERSON OR BY COUNSEL AND MAY
OFFER EVIDENCE; AND SAID HEARING SHALL BE ADJOURNED FROM DAY TO DAY AND
FROM TIME TO TIME AND KEPT OPEN UNTIL ALL PERSONS, EVIDENCE AND PROTESTS
HAVE BEEN DULY HEARD; AND THE CITY SECRETARY OF THE CITY OF CORPUS CHRISTI,
TEXAS, IS HEREBY DIRECTED TO GIVE NOTICE OF, SAID HEARING BY PUBLICATION IN
THE CORPUS CHRISTI TIMES, THE OFFICIAL NEWSPAPER OF THE CITY OF CORPUS'
CHRISTI, WHICH IS A NEWSPAPER OF GENERAL CIRCULATION IN THE CITY OF CORPUS
CHRISTI, TEXAS; AND SAID NOTICE SHALL BE PUBLISHED AT LEAST THREE TIMES IN
SAID NEWSPAPER BEFORE THE DATE SET FOR SAID HEARING, THE FIRST OF WHICH
PUBLICATION SHALL BE AT LEAST TEN DAYS PRIOR TO THE DATE OF SAID HEARING
AND SUCH NOTICE BY PUBLICATION SHALL BE VALID AND SUFFICIENT WITHOUT ANY
FURTHER FORM OF NOTICE, AS PROVIDED FOR AND IN ACCORDANCE WITH THE TERMS
AND PROVISIONS OF SAID CITY CHARTER AND OF ARTICLE 11058 OF VERNON'S
ANNOTATED CIVIL STATUTES OF TEXAS; HOWEVER, SAID CITY SECRETARY IS FURTHER
DIRECTED, IN ADDITION TO THE CONTENTS OF THE NOTICE OF SAID HEARING AS
REQUIRED BY LAW, WHICH SHALL BE FOR ALL PURPOSES VALID AND SUFFICIENT IN
ITSELF, TO LNCLUDE THEREIN THE LIST OF THE NAMES OF THE APPARENT OWNERS,
AND THE DESCRIPTIONS OF SAID ABUTTING PROPERTY AS SET OUT IN SAID DIRECTOR
OF PUBLIC WORKS' REPORT; PROVIDEDo HOWEVER, 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 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 OTHERS CLAIMING,
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OWNING OR INTERESTED IN ANY MANNER IN ANY OF SAID ABUTTING PROPERTY ON SAID
STREETS WITHIN THE LIMITS ABOVE DEFINED.
SECTION 5. THAT FOLLOWING SUCH HEARING AS ABOVE PROVIDED, ASSESS-
MENTS WILL BE LEVIED AGAINST SAID ABUTTING PROPERTY AND THE REAL AND TRUE
OWNERS THEREOF FOR THAT PORTION OF THE COST OF SAID IMPROVEMENTS HEREIN -
ABOVE DETERMINED TO BE PAYABLE BY SAID ABUTTING PROPERTY AND THE REAL AND
TRUE OWNERS THEREOF, AND WHICH ASSESSMENT SHALL BE A FIRST AND PRIOR LIEN
UPON SAID ABUTTING PROPERTY AND A PERSONAL LIABILITY AND CHARGE AGAINST THE
REAL AND TRUE OWNERS THEREOF. IN LEVYING SAID ASSESSMENTS, IF THE NAME OF
THE OWNER BE UNKNOWN, IT SHALL BE SUFFICIENT TO SO STATE THE FACT, AND IF
SAID ABUTTING PROPERTY BE OWNED BY AN ESTATE OR BY ANY FIRM OR CORPORATION,
IT SHALL BE SUFFICIENT TO $O STATE THE FACT, AND IT SHALL NOT BE NECESSARY
TO GIVE THE CORRECT NAME OF ANY SUCH OWNER, AND NO ERROR OR MISTAKE IN
ATTEMPTING TO NAME ANY SUCH PWNER OR IN DESCRIBING ANY OF SAID PROPERTY
SHALL INVALIDATE ANY ASSESSMENT OR CERTIFICATE ISSUED IN EVIDENCE THEREOF,
BUT NEVERTHELESS THE REAL AND TRUE OWNER OF SAID ABUTTING PROPERTY SHALL BE
LIABLE AND THE ASSESSMENT AGAINST SAID PROPERTY SHALL BE VALID WHETHER OR
NOT SUCH OWNER BE NAMED OR CORRECTLY NAMED, OR SAID PROPERTY CORRECTLY
DESCRIBED.
SECTION 6. THE FACT THAT THE STREETS WITHIN THE LIMITS ABOVE
DEFINED ARE BADLY IN NEED AT THIS TIME OF PERMANENT STREET IMPROVEMENTS,
AND THE FURTHER FACT THAT THE PRESENT CONDITION OF SAID PORTIONS OF SAID
STREETS ARE DANGEROUS TO THE HEALTH AND PUBLIC WELFARE OF THE INHABITANTS
OF THE CITY OF CORPUS CHRISTI DUE TO THE CONDITIONS AND INCREASE OF TRAFFIC
ALONG SAID PORTION OF SAID STREETS CREATES A PUBLIC EMERGENCY AND PUBLIC
NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE
OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED AND
THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS
OF THE CITY COUNCIL AND THE MAYOR HAVING DECLARED THAT SUCH EMERGENCY AND
NECESSITY EXIST, AND HAVING REQUESTED THAT SUCH CHARTER RULE BE SUSPENDED,
AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION
AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE,
IT IS ACCORDINGLY SO ORDAINED, THIS THE 28TH DAY OF SEPTEMBER, 1966.
ATTEST
lu % ?11111 A
CI SECRET? MAYOR
APPRO D AS LEGAL FORM TH THE CITY OF CORPUS CHRISTI, TEXAS
DAY F SEPTEMBER, 1966:
CORPUS CHRISTI, TEXAS
I 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
COUNCILS 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.
RESPECTFULLY,
" //i4Y mA4 A
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 FOLLOWI VOTE:
DR. MCIVER FURMAN
JACK BLACKMON
PATRICK J. DUNNE (\
DR. P. JIMENEZ, JR. 1
KEN MCDANIEL
RONNIE SIZEMORE
WM. H. WALLACE
t