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HomeMy WebLinkAbout08396 ORD - 03/29/1967VMP:3/29/67 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 MCARDLE ROAD FROM GREENWOOD DRIVE TO S. H. 286; DETERMINING AND FIXING THE PORTION OF SAID COSTS TO BE PAID BY THE CITY OF CORPUS CHRISTI, TEXAS; DETERMIN- ING THE NECESSITY OF LEVYING AN ASSESSMENT AGAINST SAID ABUTTING PROPERTY; ORDERING AND SETTING A HEARING TO BE HEIR ON APRIL 19, 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 29TH DAY OF MARCH, 1967, BY DULY ENACTED ORDINANCE DETERMINED THE NECESSITY FOR AND ORDERED THE IMPROVEMENT OF THE PORTION OF MCARDLE ROAD, FROM GREENWOOD DRIVE TO S. H. 286, 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 MARCH 29, 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, THE CITY HAS DULY AND REGULARLY MADE APPROPRIATION OF FUNDS AVAILABLE FOR SAID PURPOSE TO COVER THE ESTIMATED COST TO SAID CITY OF SAID IMPROVEMENTS; 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 fir. MCARDLE ROAD, WITHIN THE LIMITS HEREINABOVE DEFINED, IS $186,819.96. THAT THE TOTAL ESTIMATED AMOUNT OF THE COST OF SAID IMPROVEMENTS TO THE FOREGOING STREET PROPOSED TO BE ASSESSED AGAINST THE ABUTTING PROPERTY AND THE REAL AND TRUE OWNERS THEREOF, IS $63,906.04; 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 $58,397-02; AND THE REMAINDER OF SAID CONTRACT PRICE ESTIMATED FOR STORM SEWER WORK IS $64,516.90, TO BE PAID BY THE CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT UNDER SEPARATE AGREEMENT WITH THE CITY AND NOT SUBJECT TO THE PROPOSED ASSESSMENT; 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 THERE- OF AND OTHER MATTERS CONTAINED IN STATEMENT ARE AS FOLLOWS, TO -WIT: -2- 0 HEREWITH ARE SUBMITTED OWNERSHIP ROLLS, SHOWING THE NAMES OF THE APPARENT OWNERS OF PROPERTY ABUTTING THAT PORTION OF MCARDLE ROAD, BETWEEN GREENWOOD DRIVE AND S. H. 286, IN THE CITY OF CORPUS CHRISTI, TEXAS. ALSO SHOWN ARE THE NUMBER OF FRONT FEET OWNED BY EACH, THE DE- SCRIPTION 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 ASSESS- MENT RATES, THE TOTAL AMOUNT OF THE 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 STREET, WITHIN THE LIMITS ABOVE DEFINED, ARE AS FOLLOWS: CURB, GUTTER & PAVEMENT $5.56 PER LF SIDEWALK O.36 PER SF DRIVEWAY 0,85 PER SF RATES ZONED & USED R -1 OR R -2 C. C. IND. SCHOOL DIST. AS DEVELOPER RATE 1/2 OF STREET WIDTH 100% UNIT BID PRICE CURB, GUTTER & PAVEMENT $9.19 PER LF SIDEWALK (100% UNIT BID PR I CE� O.45 PER SF DRIVEWAY 100% UNIT BID PRICE 0.85 PER SF TOTAL CONTRACT PRICE $186,819.96 TOTAL PAVING ASSESSMENTS 63,go6.o4 C. C. IND. SCHOOL DIST. STORM SEWER 64 16. 0 TOTAL COST TO CITY , 9 .02 C. C. INDEPENDENT SCHOOL DIST. COST: PAVING ASSESSMENTS $46,004.73 STORM SEWER (SEPARATE AGREEMENT) 64 16. O TOTAL PARTICIPATION $110,52l.b3 APPROVED: CITY MANAGER DIRECTOR OF PUBLIC WORKS -3- • • PRELIMINARY ASSESSMENT ROLL McArdle Road Improvements from Greenwood Drive to State Highway 286 McArdle Road Improvements from Greenwood Drive to State Highway 286 is designated as project No. 220 -67 -90 and is to include the following improvements. 1. Excavation to a width and depth to permit the construction of 6" compacted sub -base to 18" back of each curb line, 8" compacted caliche base, prime coat and a 2" type "D" hot -mix asphaltic concrete surface for a pavement width of 44' face to face of curbs. Concrete curbs and gutters, 4' wide by 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. Drainage improvements appurtenant to this project include the const- ruction of 6' x 6' reinforced concrete box and reinforced concrete pipe ranging in size from 60" to 15" and storm sewer inlets. 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: It should be noted herein that the rate for the Corpus Christi Independent School District is based on 100% of unit bid price. In addition the storm sewer portion of the contract is being constructed jointly by the school and City under separate agreement. Curb, Gutter & Pavement $5.56 per LF Sidewalk 0.36 per SF Driveway 0.85 per SF Rates zoned & used R -1 or R -2 C. C. Ind. School Dist. as developer Rate z of street width 100% unit bid price Curb, Gutter & Pavement $9.19 per LF Sidewalk (1000 unit bid price) 0.45 per SF Driveway (100% unit bid price) 0.85 per SF Total Contract Price Total Paving Assessments C. C. Ind. School Dist. Storm Sewer Total cost to City C. C. Independent School Dist. Cost: Paving Assessments Storm Sewer (Separate Aggreement) Total Participation $186,819.96 63,go6.o4 64,516.90 5d, 397.02 $46,004.73 �64 516.90__ $110,521.b3 • McArdle Road From Hi rrYacrav T)r __ Slovak Brothers - Contractors Compacted Subgrade, 8" Compacted Caliche Base, Prime Coat and 2 Hot -Mix Asphaltic Surface for Pavement Width of 44' face to face of Curb. 5' wide Concrete Sidewalks and 6" thick reinforced Driveways where .­4 N oA Shcet6 1 Zoned & Used R -1 or R -2, C.G. & Pavement $ 5.56 Zoned & Used. Other Than R -1 or R -2 p.l.f.$ Assessment Rate, Sidewalk per sq. ft. $ 0.36 Assessment Rate, Driveway per sq. ft. $ 0.85 C. C. Ind. School Dist. as Developer, Rate 1 of st. width -Curb Gutter&Pvmt.L.F.$ 9.19 10 p Unit Bid Price - Sidewalk per S.F. $ 0.45 l 0rW TTn4 + 'P4 A P-ri no _ Tlv.i ac=aav n r C F .6 n As ITE,n NO. OWNER & PROPERTY DESCRIPTION QUANTITY DESCRIPTION TOTAL ASSESSED I OF AMOU'�T ASSESSMENT RATE AMOUNT ASSESSED STARTI TG AT GREENWOOD DR VE NORTH SIDE 1. MONTERREY DEV. Lot 11 Blk 1 -A, Greenwood 70 L.F. Curb,Gutter &Pvmt. 5.56 194.60 Park #2 - 50% Assessed (35') 280 S.F.' Sidewalk 0.36 50.40 (140) 245-00 2. HARRY HENDERSON MILLER Lot 2, Blk. 1 -A Greenwood Park #2 - 50% Assessed 59' L.F. (29.5) Curb,Gutter&Pvmt. 5.56 164.02 236' S.F. Si,'. valk 0.36 42.48 (118) 20675-0 3. JEWEL HOMES, INC. Lot 3, Blk. 1 -A Greenwood Park #2 - 50% Assessed 59' L F. (29.5_) Curb,Gutter &Pvmt, 5.56 164.02 236' S.F. Sidewalk 0.36 42.48 (l.8) 20 .50 4. MONTERREY DE'V. Lot 4, Blk. 1 -A Greenwood Park #2 - 5op Assessed 59' L.F. (29.5) Curb,Gutter&Pvmt. 5.56 164.02 236' S.F. Sidewalk 0.36 42.48 (118) 20U.50 5. EVEIN L. THOMPSON Lot 5, Blk. 1 -A Greenwood 59' L.F. Curb,Gutter&Pvmt. 5.56 164.02 Park # 2 - 50% Assessed (29.5) 236' S.F. Sidewalk 0.36 42.48 (118) 20 .50 Sheet* 1 McArdle Road, From Highway 286 to Greenwood Drive Slovak Brothers - Contractors _ Zoned & Used R -1 or R -2, C.G. & Pavement $5.56 Zoned & Used Other Than R -1 or R -2 p.l.f.$ Com acted sub grade 8" compacted caliche base, Assessment Rate, Sidewalk per sq. ft. $0,36 Prime coat and 2" hot -mix asphaltic surface Assessment Rate, Driveway per sq. ft. $ for pavement width of 44' f.f. curb 5' Bride C�. C. Ind. School Dist. as Developer, Rate concrete sidewalks and 6" thick reinforced - of Street Width Curb Gutter & Pvmt. .I. F .lT driveways where specified 10 p Unit bid price - Sidewalk p S.F. $ 0.4� in TTnit. RIrl nrioe - DrivPwav n_ R_F_ A n_A' 1 T 4 NO, OWNER & PROPERTY DESCRIPTION QUA31TITY DESCRIPTION TOTAL ASSESSED OF AMOUNT ASSESSMENT RATE AMOUNT ASSESSF, 6. JEWEL HOMES,INC. Lots 6 & 71 Blk. 1 -A Greenwood Park ;2 - 50" Assessed 118' L.F. (59) Curb,Gutter, &Pvmt 5.56 328.04 472' S.F. Sidewalk 0.36 84.96 (236) 13.00 7. LEROY SAVOY Lot 8, Blk. 1 -A Greenwood Park #2 - 50% Assessed 59' L.F. (29.5) Curb,Gutter&Pvmt. 5.56 164.02 236' S.F. Sidewalk 0.36 42.48 (118) 20 6755 0 8. JAMES THOMAS KAY Lot 9, Blk. 1 -A Greenwood 59' L.F. Curb,Gutter &.Pvmt. 5.56 164.02 Park #2 - 50% Assessed (29.5) ' 236' S.F. Sidewalk 0.36 42.48 (118) 206-50 9. MONTERREY DEV. Lot 10, Blk. 1 -A Greenwood 71.3 L.F. Curb,Gutter, &Pvmt. 5.56 198.21 Park #2 - 50% Assessed (35.65) 285'.2 S.F. Sidewalk 0.36 51.34 (142.6) 2 9.55 BALSAM STREET Curb,Gutter,&Pvmt. 10. GEORGE W. ADAMS Lot 12.& 13, Blk. 1 Greenwood 123' L.F. 5.56 341.94 Park #2 - 50% Assessed (61.5) 492' S.F. Sidewalk o.36 88.56 (246) T3o.5o 12. 13. 14. 15. 16. WILFORD E. RANSOM Lot 15, Blk. 1 Greenwood Park #2 - 50% Assessed ROBERT LEE SMITH Lot 16, -Blk. 1 Greenwood Park #2 - 50% Assessed MONTERREY DEV. Lots 17- 18 -19, Blk. 1 Greenwood Park #2 - 50% Assessed EUGENE STEWART Lot 20, Blk. 1 Greenwood Park #2 - 50 % Assessed C.C. IND. SCHOOL DISTRICT Invood Village High School Tract (116) 58' L.F„ Curb,Gutter&Pvmt. (29) 232' S.F. Sidewalk (116) 58' L.F. Curb,Gutter&Pvmt.' (29) 232' S.F. Sidewalk (116) 191' L.F. Curb,Gutter&Pvmt. (95.5) 764' S.F. Sidewalk (382) 128.42 L.F. Curb,Gutt f&Pvmt. (64.21) 513.68 S.F. Sidewalk (256.84) 1,261.16 LF Curb,Gutter&Pvmt. 5,855.8 SF Sidewalk 685.62 SF Driveway 5.56 I 161.24 0.36 41.76 5.56 I 161,_24 0.36 41.76 5.56 I 530.98 o.36 137.52 5.56 I 357.01 0.36 92.46 9.19 11,590.o6 0.45 2,635.11 0.85 582':78 14,807.5 Sheet 3 _ McArdle Road - From Highway 286 to Greenwood Drive SLOVAK BROTHERS - COMACTORS Zoned & Used R -1 or R -2, C.G. & Pavement $ 5,56 Zoned & Used Other Than R -1 or R-2 p.l.f.$ Compacted Sub grade, 8" Compacted Caliche _ Assessment Rate, Sidewalk per sq. ft. $ 0.36 Base, Prime Coat and 2' Hot -Mix Asphaltic Assessment Rate, Driveway per sq. ft. $ 0.85 Surface for Pavement Width of 44' face to face C.C. Ind. School Dist. as Developer, Rate of Curb. 5' wide Concrete Sidewalks and 6" i W vmt, L.F.$ 9.1 -9 thick reinforced Driveways where specified. 1 p Unit Bid Price - Sidewalk per S.F. $ 0.45 10 Unit Bid Price - Drive av Per S.F. 0.8 _ iTKK N0. OWNER & PROPERTY DESCRIPTION QUANTITY DESCRIPTION TOTAL ASSESSED OF AMOUi%i ASSESSMENT RATE AMOUNT ASSESSE 11. - BRYAN H. BARROWS,JR. Lot 14, Blk. 1 Greenwood 58' L.F. Curb,Gutter, &Pvmt. 5.56 161.24 Park #2 - 50% Assessed (29) 232' S.F. Sidewalk o.36 41.76 12. 13. 14. 15. 16. WILFORD E. RANSOM Lot 15, Blk. 1 Greenwood Park #2 - 50% Assessed ROBERT LEE SMITH Lot 16, -Blk. 1 Greenwood Park #2 - 50% Assessed MONTERREY DEV. Lots 17- 18 -19, Blk. 1 Greenwood Park #2 - 50% Assessed EUGENE STEWART Lot 20, Blk. 1 Greenwood Park #2 - 50 % Assessed C.C. IND. SCHOOL DISTRICT Invood Village High School Tract (116) 58' L.F„ Curb,Gutter&Pvmt. (29) 232' S.F. Sidewalk (116) 58' L.F. Curb,Gutter&Pvmt.' (29) 232' S.F. Sidewalk (116) 191' L.F. Curb,Gutter&Pvmt. (95.5) 764' S.F. Sidewalk (382) 128.42 L.F. Curb,Gutt f&Pvmt. (64.21) 513.68 S.F. Sidewalk (256.84) 1,261.16 LF Curb,Gutter&Pvmt. 5,855.8 SF Sidewalk 685.62 SF Driveway 5.56 I 161.24 0.36 41.76 5.56 I 161,_24 0.36 41.76 5.56 I 530.98 o.36 137.52 5.56 I 357.01 0.36 92.46 9.19 11,590.o6 0.45 2,635.11 0.85 582':78 14,807.5 Sheet R­_4 'McArdle Road, From Highway 286 to GI-ebr inod Drive SLOVAK BROTHERS - CONTRACTORS Compacted Subgrade 8" Compacted Caliche Base, Prime Coat and 2" Hot -Mix Asphaltic Surface for Pavement Width of 44' face to face of Curb. 5' wide Concrete Sidewalks and 6" thick reinforced Driveways where specified. Zoned & Used R -1 or R -2, C.G. & Pavement $ 5.56 Zoned & Used Other Than R -1 or R -2 p.1-f.$ Assessment Rate, Sidewalk per sq. ft. $ 0.36 Assessment Rate, Driveway per sq. ft._ $ 0.85 C. C. Ind. School Dist. as Developer, Rate i of St. width -Curb Gutter& -Pvm t. Der L -119 10 Unit Bid Prices - Sidewi per S.F. $ o.45 new/ . at n Ac 1TEM N0. OWNER & PROPERTY DESCRIPTION QUANTITY ASSESSED DESCRIPTION OF ASSESSMENT RATE AMOUNT TOTAL AMOU1l'T ASSES 17. GLAFIRO GOMEZ Lot 20, Blk. 13 Inwood Village Unit 3 - 64.75% Assessed **106.95 L.F. (69.24) Curb,Gutter&Pvmt. 5.56 -0- -0- Sidewalk 0.36 -0- -0- PRESCOTT STREET 18. ARMANDO B. CARDENAS Lot 21, Blk. 12 Inwood Village 106.93 L.F. urb,Gutter, &Pvmt. 5.56 -0- Unit 3 (68.46) -0- 3idevalk 0.36 -0- -0- Driveway 0.85 -0- -0- 19. PAUL TREVINO Lot 22, Blk. 12 Inwood Village -x106.95 L.F. urb,Gutter, &Pvmt. 5.56 -0- Unit 3 (68.44) -0- Didewalk o.36 -0- -0- 20. C.C. IND. SCHOOL DIST. 644.98 L.F. 3,224.9 S.F. urb,Gutter&Pvmt. idewalk 9.19 0.45 5,927.37 1,451.21 7,37 .5 21. RAYSIDE CORPORATION x185.35 L.F. urb,Gutter&Pvmt. 5.56 1,030.55 Lot 15, Section D. of 741.40 S.F. 3idevalk 0.36 266.90 Paisley Sub -Div. 1,297. ,' END NORTH SIDE Pavement **Credit For Existing Sidewalk, urb,Gutter & *Not Assessed Total Front Foota e due to Highway 286 Constructio plans. Sheeft. 5 _ McArdle Road, From Hi hg way.286 to Greenwood Drive SLOVAK BROTHERS - CONTRACTORS Zoned & Used R -1 or R -2, C.G. & Pavement $ 5.56 Zoned & Used Other Than R -1 or R -2 p.l.f.$ Compacted Subgrade, 8" Compacted Caliche Assessment Rate, Sidewalk per sq. ft. $ 0.36 Base, Prime Coat and 2 Hot -Mix Asphaltic Assessment Rate, Driveway per sq. ft. $ 0.85 Surface for Pavement width of 44'' face to ZrC.Tnd. coo is as eve open e face of Curb. 5' wide concrete Sidewalks 2 of St. width -Curb, Gutter& Pvmt. per L- F.$9.1; and 6" thick reinforced Driveways where 100% Unit Bid Price - Sidewalk per S.F. $0.4` specified. 100 Unit Bid Price - Drivewa y per S. to.8, I ^lEb1 NO. OWNER & PROPERTY DESCRIPTION QUANTITY DESCRIPTION TOTAL ASSESSLD OF AMOUNT ASSESSMENT RATE AMOUNT ASSESSEL STARTITd, AT GREENWOOD DRIVE S UTH SIDE 22. C. C. SCHOOL DIST. 638.3 L.F. Curb, Gutter & Pimt• 9.19 5,865.98 3,191.5 S.F. Sidewalk o.45 1,436.18 7,302.1 23- THE TRANSPORT CO. OF TEXAS 1,369.88 L.F. Curb,Gutter &Pvmt 5.56 7,616.53 5,479.52 S.F Sidewalk 0.36 1,972.63 24. C.C. IND. SCHOOL DIST. 1,443.71 L.F Curb, Gutter &Pvm 9.19 13,267.68 9,58-9.-16 7,218.55 S.F. Sidewalk 0.45 3,248.35 25• AMY REID DALTON *387.24 L -F Curb,Gutter &Pvmt. 5.56 2,153.05 16,516.04 1,548,96 Sidewalk 0.36 557.63 *Not Assessed Total Footage Due to Highway 286 Construction Plans Total Contract Price 186,819.96 Total Paving Assessment - 63,906.04 C.C. Ind. School District - 64,516.90 Storm Sewer Participating By Separate Aggrement TOTAL COST TO CITY - 0 58,397.02 School Paving sessment $ 46,0 4.73 Storm ewer 64,516.90 Total anticipation $110,5 1.63 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 COUNCIL, SHOWING THE ESTI- MATED TOTAL COST OF THE WHOLE IMPROVEMENT OF SAID MCARDLE ROAD, 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 PAVEMENT, CURBS, GUTTERS, DRIVEWAYS AND SIDEWALKS ON THE AFORESAID STREET; THE TOTAL ESTIMATED AMOUNT COST OF SAID IMPROVEMENTS ON SAID STREET, 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 STREET, 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 STREET, WITHIN THE LIMITS ABOVE DEFINED, IS $186,819.96. THAT THE TOTAL ESTIMATED AMOUNT OF THE COST OF SAID IMPROVEMENTS TO THE FOREGOING STREET PROPOSED TO BE ASSESSED AGAINST THE ABUTTING PROPERTY AND THE REAL AND TRUE OWNERS THEREOF IS $63,906.o4; THE TOTAL ESTIMATED AMOUNT OF THE COST OF SAID IMPROVEMENTS TO THE FOREGOING STREET WITHIN THE LIMITS ABOVE DEFINED PROPOSED TO BE PAID BY THE CITY OF CORPUS CHRISTI IS $581397.02; AND THE REMAINDER OF SAID CON- TRACT PRICE ESTIMATED FOR STORM SEWER WORK IS $64,516.90, TO BE PAID BY THE CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT UNDER SEPARATE AGREEMENT WITH THE CITY AND NOT SUBJECT TO THE PROPOSED ASSESSMENT. 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, INACCORDANCE WITH, AND IN THE MANNER PROVIDED BY, THE CHARTER OF THE CITY OF CORPUS CHRISTI, TEXAS, AND BY ARTICLE 1105B OF VERNON'S ANNOTATED CIVIL STATUTES OF TEXAS, AND THAT THE TOTAL COST OF SAID IMPROVEMENTS SHALL BE AND ARE HEREBY APPORTIONED ILI! BETWEEN SAID PARTIES AND SHALL BE PAID AND DEFRAYED AS FOLLOWS: (A) THE CITY OF CORPUS CHRISTI SHALL PAY THE WHOLE COST OF CON- STRUCTION, RECONSTRUCTION OR REPAIR OF THE CURBS, GUTTERS AND SIDEWALKS, WITHIN THE INTERSECTIONS OF SAID STREET WITH OTHER STREETS AND ALLEYS AND SHALL PAY NOT LESS THAN ONE -TENTH (I/l OTH) OF THE TOTAL REMAINING COST OF SAID IMPROVEMENTS ON SAID STREET, EXCLUSIVE OF THE COST OF THE CURBS, GUTTERSAND 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 STREET, 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 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, 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 11058, 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 C'O'MPLETED AND ACCEPTED BY THE SAID CITY COUNCIL, AND THE REMAINING FOUR (4) 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 (5%) 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 PAYMENTS 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 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 IMPROVE- MENTS, 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 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 19TH DAY OF -6- APRIL, 1967, 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 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 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 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 DIRECTED TO THE REAL AND TRUE OWNERS OF SAID ABUTTING PROPERTY, WHETHER NAMED OR CORRECTLY NAMED THEREIN OR NOT, AND TO ALL OTHERS CLAIMING, crQ 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 HEREINABOVE 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 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 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 STREET CREATES A PUBLIC EMERGENCY AND NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLU- TION 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 "•^ AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE 29TH DAY OF MARCH, 1967- ATTEST: W"" " CITr SECRETA APPROVED AS TO LEGAL FORM THIS DAY OF MARCH, 1967: CITY ATT RNE MAYOR THE CITY OF CORPUS CHRISTI, TEXAZ CORPUS CHRISTI, TEXAS ' ex DAY OF ��JA21i i 1 9-°. 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, 'AAY0R 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 PATRICK J. DUNNE , DR. P. eIIMENE2, JR. KEN MCDANIEL RONNIE SIZEMORE WM. H. WALLACE