HomeMy WebLinkAbout08358 ORD - 02/08/19670 JKH:2 -8 -67 I •
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
OMAHA DRIVE, FROM BALDWIN BOULEVARD TO STATE HIGHWAY
044; DETERMINING 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 FEBRUARY 22, 1967, 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 8TH DAY OF FEBRUARY, 19671 BY DULY ENACTED ORDINANCE
DETERMINED THE NECESSITY FOR AND ORDERED THE IMPROVEMENT
�� OF THE PORTION OF
OMAHA DRIVE, FROM BALDWIN BOULEVARD TO STATE HIGHWAY A4, A DULY EXECUTED
NOTICE OF SAID ORDINANCE HAVING THEREAFTER BEEIN FILED IN THE NAME OF THE
CITY WITH THE COUNTY CLERIC OF NUECES COUNTY,TEXAS; AND
WHEREAS, PURSUANT TO THE ORDINANCE OF FEBRUARY 8, 1967, ABOVE
MENTIONED, AND AFTER HAVING ADVERTISED FOR AND RECEIVED BIDS ON THE CON-
STRUCTION 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 PROVIDED BY THE CORPUS CHRISTI CITY CHARTER AND BY -LAWS AND THE
LAWS OF THE STATE OF TEXAS, DID EXECUTE HERETOFORE ON JANUARY 25, 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
OMAHA DRIVE, WITHIN THE LIMITS HEREINABOVE DEFINED, IS $64,235.93. THAT
THE TOTAL ESTIMATED AMOUNT OF THE COST OF SAID IMPROVEMENTS TO THE FORE-
GOING STREET PROPOSED TO BE ASSESSED AGAINST THE ABUTTING PROPERTY, AND THE
REAL AND TRUE OWNERS THEREOF, IS $38,327.37; THE TOTAL ESTIMATED AMOUNT
OF THE COST OF SAID IMPROVEMENTS TO THE FOREGOING STREET WITHIN THE LIMITS
ABOVE DEFINED AND PROPOSED TO BE PAID BY THE CITY OF CORPUS CHRISTI IS
$25,908.56; 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 OFTHEIR 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 THERE-
OF AND OTHER MATTERS CONTAINED IN STATEMENT ARE AS FOLLOWS, TO -WIT:
-2-
n
�-A
TO: THE MAYOR AND THE CITY COUNCIL
FROM: DIRECTOR OF PUBLIC WORKS
HEREWITH ARE SUBMITTED OWNERSHIP ROLL51 SHOWING THE NAMES OF THE
APPARENT OWNERS OF PROPERTY ABUTTING THAT PORTION OF OMAHA DRIVE, BETWEEN
BALDWIN BOULEVARD AND STATE HIGHWAY w"44 IN THE CITY OF CORPUS CHRISTI,
TEXAS. ALSO SHOWN ARE THE NUMBER OF FRONT FEET OWNED BY EACH, THE
DESCRIPTION OF THEIR PROPERTY, 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 THEASSESSMENTS AND THE TOTAL AMOUNT TO BE PAID BY THECITY
OF CORPUS CHRISTI 15 AS FOLLOWS:
THE ASSESSMENT RATES FOR THE IMPROVEMENTS TO THE FOREGOING STREET,
WITHIN THE LIMITS ABOVE DEFINED, ARE AS FOLLOWS:
CURB, GUTTER AND PAVEMENT
$6.i9
PER LF
SIDEWALK
.37
PER SF
DRIVEWAY
PER SF
PAVEMENT ONLY
1.69
4 .81
PER LF
CURB AND GUTTER ONLY
1.38
PER LF
TOTAL ESTIMATED COST OF WHOLE IMPROVEMENTS: $64,235.93
TOTAL AMOUNT TO BE ASSESSED 38,321-3
TOTAL COST TO THE CITY OF CORPUS CHRISTI $25,90b.56
APPROVED:
CITY MANAGER DIRECTOR OF PUBLIC WORKS
•
•
D
!i_
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CORPUS CHRISTI, TEXAS:
SECTION 1. THAT THE WRITTEN STATEMENT AND REPORT OF THE DIRECTOR
OF PUBLIC WORKS HERETOFORE FILED WITH THE CITY COUNCILp SHOWING THE ESTI-
MATED TOTAL COST OF THE WHOLE IMPROVEMENT OF SAID OMAHA DRIVEp WITHIN
THE LIMITS ABOVE DEFINED; THE ESTIMATED AMOUNT PER SQUARE AND LINEAL
FOOT TO BE ASSESSED AGAINST THE ABUTTING PROPERTY AND THE REAL AND TRUE
OWNERS THEREOF FOR THE CONSTRUCTION OF NEW PAVEMENTS CURBS, GUTTERS, DRIVE-
WAYS AND SIDEWALKS ON THE AFORESAID STREETS 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 15 HEREBY FOUND AND DETERMINED THAT THE TOTAL
ESTIMATED COST OF THE WHOLE IMPROVEMENT OF THE ABOVE NAMED STREETS WITHIN
THE LIMITS ABOVE DEFINED, IS $64,235.93• 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 $38,327.37; 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 $25,908.56.
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-
PRELIMINARY ASSESSMENT ROLL
Omaha Drive Improvements from Baldwin Boulevard to State Highway 44
Omaha Drive Improvements, from Baldwin Blvd. to S.H. T44 is designated
as project No. 220 -53 -85 and is to include the following improvements:
1. Excavation to a width and depth to permit the construction of
a 6" compacted sub -base to 18" back of each curb line, 8" com-
pacted caliche base, prime coat and a 2" Type "D" Hot -mix asphaltic
surface for a pavement width of 36' face to face of curbs. Concrete
curb and gutters, 4' wide 4" thick reinforced concrete sidewalk
and 6" thick reinforced concrete driveway approaches where specified
on the approved plans on file in the office of the City Engineer.
2. All drainage and utility installations appurtenant to this project.
3. The assessment rate to the abutting property owners has been
determined by applying the unit prices, obtained by bids, to the
calculated quantities for the improvements. The results of this
calculation is as follows:
Curb, Gutter & Pavement $6.19 per LF
Sidewalk 0.37 per SF
Driveway 0.69 per SF
Pavement Only 4.81 per LF
Curb & Gutter Only 1.38 per LF
Total Contract Price $64,235.93
Property Owner's Assessment 38 327.31.
City's Portion of Costs $25"908.56.
•
PRELIMINARY ASSESSMENTvROLL •
Sheet No*
Omaha Drive Improvements - Baldwin Blvd. to North Lane of Highway 44
Fowco Construction Company
Zoned & Used P. -1 or R -2, C.G. & Pavement $
Zoned & Used Other Than R -1 or R -2 p.1.f. $ 6.19 pL
Assessment Rate, Sidewalk per sq. ft. $ 0.37 psi
Assessment Rate, Driveway per sq. ft. $ 0.69 psi
Pavement Only 4.81 pr
Curb & Gutter Only 1.38 pli
ITEM
DESCRIPTION
TOTAL
NO.
OWNER & PROPERTY DESCRIPTION
QUANTITY
OF
AMOUNT
ASSESSED
ASSESSMENT
RATE
AMOUNT
ASSESSED
BEGINNING at
BALDWIN BLVD.
West
Side
1
NATIONAL SUPPLY CO.
Out of J. C. Russell Farm
304.60 LF -.Curb,
Gutter & Pvm
6.19
1,885.47
Tracts
978.40 SF
Sidewalk
0.37
362.00
678.0 Sr
Driveway 2 -30'
0.69
467.82
2,715.29
2
Texas Mexican Railroad
34.79 LF
Pavement Only
4.81
167.34
Railroad R.O.W.
36.79 LF
Curb & Gutter
1.38
50.77
174.50 SF
Sidewalk
0.37
64.57
2 2.
3
FLATO CONSTRUCTION CO.
Navigation Industrial Park,
Lot 13, Block 6
179.54 IF
718.16 SF
Curb, Gutter & Pvm
Sidewalk
6.19
0.37
1,111.35
265.72
1,377.07
WESTWA
DRIVE
4
FLATO CONSTRUCTION CO:
Lots 12 & 24, Navigation
Industrial Park, Block 5
385.24 LF
1,540.96 SF
Curb, Gutter & Pvm
Sidewalk
6.19
0.37
2,384.64
570.16
2,957TOT
TERMINKI
STREET
�j
FRANKLIN FLATO -TRACT
.837 Acres out of Russell Farm
100.0 LF
Curb, Gutter & P=_
6.19
619.00
Blocks
400.0 SF
Sidewalk
0.37
148.00
7 7.00
6
WIN= - D ANN FLATO
1.728 Acres out of Russell Farn
206.25 LF
Curb, Gutter & Pvm
. 6.19
1,276.69
Blocks, West of Villa Dr. & S.
825.00 SF
Sidewalk
0.37
305.25
1,561-94
of Baldwin Blvd.
PRELIMINARY ASSESSMENT 'ROLL •
Sheet No•2
Omaha Drive Improvements - Baldwin Blvd to North Ane of Highway 44
Zoned & Used R -1 or R -2, C.G. & Pavement $
Zoned & Used Other Than R -1 or R -2 p.l.f. $ 6.19 pi
Assessment Rate, Sidewalk per sq. ft. $ 0.37 Ps
Assessment Rate Driveway per sq. ft. $ 0.69 ps
Pavement On $ 4.81 pi
I`•EM
DESCRIPTION
TOTAL
NO.
OWNER & PROPERTY DESCRIPTION
QUANTITY
OF
AMOUNT
ASSESSED
ASSESSMENT
RATE
AMOUNT
ASSESSED
7
JANET FLATO SANDERS
1.817 Acres out of Russell Farm
_216.26 IF
Curb, Gutter & Pvm
6.19
1,338.65
Blocks West of Villa Dr. & S.
865.04 SF
Sidewalk
0.37
320.06
of Baldwin Blvd.
1,656.71
8
TEXAS MEXICAN RAILROAD
15 Acre Tract, Lots 2,3,4,5,6,
7,8,9,10,11,13,14,15,16
855.35 IF
2,941.40 SF
Curb, Gutter & Pvm
Sidewalk
. 6.19
0.37
5,294.62
1,088.32
Block 2
1,356.0 SF
Driveway 4 -30'
0.69
935.64
7,31- 317.-5-F-
9
TEXAS MEXICAN RAILROAD
Right -of -Way
34.0 IF
Curb, Gutter & Pvm
. 6.19
210.46
47.0 IF
Pavement Only
4.81
226.07
132.0 SF
Sidewalk
0.37
48.84
465-37
B:EaHwj
Y 44
END WEST
SIDE
BEGINNING at
BALDWIN BLVD.
East
Side
10
DRISCOLL FOUNDATION
J. C. Russell Farm Tracts
303.78 LF
Curb, Gutter & Pvm
6.19
1,880.40
,215.12 SF
Sidewalk
0.37
449.59
2,329.99
11
TEXAS MEXICAN RAILROAD
Right -of -Way
34.79 IF
Pavement Only
4.81
167.34
36.79 LF
Curb & Gutter Only
1.38
50.77
130.0 SF
Sidewalk
0.37
48.10
2 .21
12
RUSS ESTATE
c/o Guaranty National Bank,
964.04 LF
Curb, Gutter & Pvm
. 6.19
5,967.41
Russell Farm Blocks 19 & 20
3,856.16 SF
Sidewalk
0.37
1,426-78
Out of Description #9
--7-,3-9Z-.-19
PRELIMINARY ASSESSMENT ROLL • •
Sheet No. 3
Omaha Drive Improvements - Baldwin Blvd to North Ls_ne oL Aighway 44
Zoned & Used R -1 or R -2, C.G. & Pavement $
Zoned & Used Other Than R -1 or R -2 p.l.f. $ 6.19 pl:
Assessment Rate, Sidewalk per sq. ft. $ 0.37 ps:
Assessment Rate, Driveway per sq. ft. $ 0.6 9p s:
Pavement Only $ 4.81 pL
Curb 8i Uutter Only 1.38 PT-
ITEM
DESCRIPTION
TOTAL
NO.
OWNER & PROPERTY DESCRIPTION
QUANTITY
OF
AMOUNT
ASSESSED
ASSESSMENT
RATE
AMOUNT
ASSESSED
13
GROVER JOHNS ESTATE
Russell Farm Blocks out of
Block 19 & 20 out of Descripti
#9
225.0 IF
n 900. SF
Curb, Gutter & Pvm
Sidewalk
6.19
0.37
11392.75
333.00
1,725.75
14
DRISCOLL FOUNDATION
Out of Russell Farm Blocks
19 & 20, Description T11
218.75 IF
875.00 SF
Curb, Gutter & Pvm
Sidewalk
. 6.19
0:37
1,354.06
323.75
1, 677. 1
15
SEGRIST -HALL CO.
Lot 1, Block 8 -A, Russell I_=
610.0 IF
Curb, Gutter & Pvm
. 6.19
3,775.90
dustrial Area
2,080.0 SF
Sidewalk
0.37
769.60
1,017.0 SF
Driveway 3 -30'
0.69
701.73
5,2 7.23
16
TEXAS =1 CAN RAILROAD
Right -of -Way
42.0 IF
Curb, Gutter & P=.
6.19
259.98
47.0 IF
Pavement Only
4.81
226.07
160.0 SF
Sidewalk
0.37
59.20
545.25
Total Co
tract Price
$64,23
•93
Property
Owner's Assessment
38 324
.37
City's P
rtion of Costs
25,9
•5
-0
(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 (1/1OTH) 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 RESPECTIVEPROPERTIES ABUTTING UPON
SAID STREET, SAID COSTS BEING IN THE AMOUNTS AS HEREINBEFORE SET OUT IN
SECTION 2 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 CONSTRUCTION, RECONSTRUCTION OR REPAIR -.
ING, AS THE CASE MAY BE, OF PAVEMENT, SIDEWALKS, CURBS, GUTTERS AND DRIVE-
WAYS 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 SHALLBE 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, PRO-
VIDED THAT, IF IT SHALL APPEAR AT THE HEARING ON SPECIAL BENEFITS, HEREIN-
AFTER 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 IMPOSED, 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 (20)
DAYS AFTER THE DATE SAID IMPROVEMENTS ARE COMPLETED AND ACCEPTED BY THE
SAID CITY COUNCIL, AND THE REMAINING FOUR (11) INSTALLMENTS TO BE DUE
AND PAYABLE, RESPECTIVELY, ONE, TWO, THREE AND FOUR YEARS FROM AND
AFTER THE DATE OF SUCH ACCEPTANCE AND BEARING INTEREST AT THE RATE OF FIVE
i5 /`. PERCENT PER ANNUM FROM SAID DATE OF ACCEPTANCE, PAYABLE ANNUALLY; PRO-
VIDED, HOWEVER, THAT THE OWNERS OF SAID PROPERTY SHALL HAVE THE PRIVILEGE
OF PAYING ONE, 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; FURTHER, 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 WH1'LH SUCH DEFAULT IS MADE SHALL
BE AND BECOME DUE AND PAYABLE TOGETHER WITH REASONABLE ATTORNEYS FEES
AND COLLECTION COSTS, IF INCURRED.
SECTION Z. 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 IMPROVE-
MENTS, IF ANY, OR CONCERNING ANY ERROR, INVALIDITY, IRREGULARITY OR DEF;CIENCY
IN ANY PROCEEDINGS OR CONTRACT WITH REFERENCE THERETO, OR CONCERNING ANY
MATTER OR THING CONNECTED THEREWITH, 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 22ND DAY OF
-6-
•
FEBRUARY, 1967, AT WHICH TIME ALL PERSONS, FIRMS, CORPORATIONS OR ESTATES,
01•lNING 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 APPEAR 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 11056 OF VERNON'S
ANNOTATED CIVIL STATUTES OF TEXAS; HOWEVER SAID CITY SECRETARY 15 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 INCLUDE 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; PROVIDED, 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
O
DIRECTED TO THE REAL AND TRUE WNERS OF SAID ABUTTING PROPERTY, WHETHER
NAMED OR CORRECTLY NAMED THEREIN OR NOT, AND TO ALL OTHERS CLAIMING,
-7-
•
•
OWNING OR INTERESTED IN ANY MANNER IN ANY OF SAID ABUTTING PROPERTY ON SAID
STREET WITHIN THE LIMITS ABOVE DEFINED.
SECTION 5. THAT FOLLOWING SUCH HEARING AS ABOVE PROVIDED,
ASSESSMENTS WILL BE LEVIED AGAINST SAID ABUTTING PROPERTY AND THE REAL AND
TRUE OWNERS THEREOF FOR THAT PORTION OF THE COST OF SAID IMPROVEMENTS HERE -
INABOVE 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 LIABILIT`! 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 SO 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 OWNER -OR INDESCRIBING 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 STREET CREATES A PUBLIC EMERGENCY AND 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 SUCH
ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE
CITY COUNCIL AND THE MAYOR HAVING DECLARED THAT SUCH EMERGENCY AND NECES-
SITY EXIST, AND HAVING REQUESTED THAT SUCH CHARTER RULE BE SUSPENDED,
AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION
- S-
u
s
CORPUS CHRISTI, TEXAS
DAY OF 9-L- 7.
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,
RESPECTFULLY,
E 91
MAYO
THE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
DR. MCIVER FURMAN G
JACK BLACKMON
PATRICK J. DONNE V
DR. P. JIMENEZ, JR.
KEN MLDANIEL
RONNIE SIZEMORE _ 4 '
WM. H. WALLACE
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTEo
DR. MCIVER FORMAN L
JACK BLACKMONi
PATRICK J. DUNNE
DR. P. JIMENEZ, JR.9�
KEN MLDANIEL
RONNIE SIZEMORE 6ZL
WM. H. WALLACE