HomeMy WebLinkAbout01725 ORD - 10/26/1944AN ORDINANCE
CLOSING THE HEARING GIVEN TO THE REAL AND TRUE
OWNERS OF PROPERTY ABUTTING ON AYERS STREET
WITHIN THE LIMITS HEREINBELOW DEFINED, AND TO
THE REAL AND TRUE OWNERS THEREOF, AS TO SPECIAL
BENEFITS TO ACCRUE TO SAID PROPERTY AND THE REAL
AND TRUE OWNERS THEREOF, BY VIRTUE OF THE
IMPROVEMENT OF SAID STREET WITHIN THE LIMITS
DEFINED, AND AS TO ANY ERRORS, INVALIDITIES OR
IRREGULARITIES IN ANY OF THE PROCEEDINGS OR
CONTRACT THEREFOR, OVERRULING AND DENYING ALL
PROTESTS AND OBJECTIONS OFFERED; FINDING AND
DETERMINING THAT ETCH AND EVERY PARCEL OF PROPERTY
ABUTTING UPON SAID STREET WITHIN THE LIMITS
DEFINED WILL BE SPECIALLY BENEFITED AND ENHANCED
IN VALUE IN EXCESS OF THE AMOUNT OF THE COST OF
SAID IMPROVEMENT, PROPOSED TO BE, AND AS HEREIN
ASSESSED AGAINST SAID PROPERTIES ABUTTING UPON
SAID AYERS STREET, AND LEVYING AN ASSESSMENT FOR
THE PAYMENT OF A PORTION OF THE COST OF IMPROV-
ING SAID STREET WITHIN SAID LIMITS, FIRING A
CHARGE AND LIEN AGAINST THE PROPERTY ABUTTING
UPON SAID STREET AND THE REAL AND TRUE OWNER OR
OWNERS THEREOF, PROVIDING FOR THE ISSUANCE OF
ASSIGNABLE CERTIFICATES UPON THE COMPLETION AND
ACCEPTANCE OF SAID WORK, THE MANNER AND TIME OF
PAYMENT AND PROVIDING FOR THE MANNER AND METHOD OF
COLLECTION OF SAID ASSESSMENTS AND CERTIFICATES,
AND DECLARING AN EMERGENCY.
* N f Y N• N i i* N N
WHEREAS, the City Council of Corpus Christi, Texas
heretofore on April 21, 1942, by duly enacted ordinance
determined the necessity for, and ordered the improvement of
Ayers Street, within the limits hereinbelow defined, in the
manner and according to the plane and specifications heretofore
approved and adopted by the City Council therefor, said portion
of said street to be improved being as follows, to-wit:
AYERS STREET from the East property line
of Twelfth Street to the East property
line of Thirteenth Street; and from the
West property line of Thirteenth Street
to the North property line of Baldwin
Boulevard,
a duly executed notice of said ordinance having been filed in the
name of said City with the County Clerk of Nueees County, Texas,
on the 21st day of April °, 1942; and,
MS
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 Carpus Christi City Charter
and by law, did award a contract for the construction of
said improvements to Brown & Root, Inc, on its lowest and most
advantageous bid and said contract has been heretofore duly
executed by said City of Corpus Christi, Texas, County of
Nueces, Texas, and Brown & Root, Inc., and is dated May 5th ,
1942, and the performance bond required by said contract has
been properly furnished and posted by said Brown & Root, Inc.,
and accepted by said City Council of said City as to form and
amount as required by the Charter of said City and the laws of
the State of Texas; and,
WHEREAS, the said City Council has caused the City
Engineer to prepare and file estimates of the cast of such
Improvements and estimates of the amount per front foot proposed
to be assessed against the property abutting upon said Ayers
Street, within the limits herein defined, to be improved, and
the real and true owners thereof, and said City Engineer has
heretofore filed said estimates and a statement of other matters
relating thereto with said City Council, and same having been
received, examined and approved by said City Council; and,
WHEREAS, said City Council by duly enacted ordinance
dated May 19, 1942, did determine the necessity of levying an
assessment for that portion of the cost of constructing said
Improvements on Ayers Street, within the limits herein defined,
— 2 -
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
10 o'clock A. M. on June B, 1942, 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 otherwise interested in said property, or any
of said matters go to the assessments and amounts to be
assessed against each parcel of abutting property and the
real and true owner or owners thereof, and as to the special
benefits to accrue to said abutting property by virtue
of said improvements, if any, or concerning any error,
Invalidity, irregularity or deficiency in any proceedings or
contract, to appear and be heard In person or by counsel and
offer evidence in reference to said matters; and said City
Council did by said ordinance order and direct the City Secretary
of said City 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 Press,
the then official newspaper of the City of Corpus Christi, Texas,
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 days prior thereto,
all as provided for an in accordance with the provisions of said
City 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 1105 b of Vernon's Annotated Civil Statutes or
Texas; and,
WHEREAS, said City Council did further order and
direct said City Secretary, in addition to said published notice
as aforesaid, which was provided to be valid and sufficient in
itself, to include in said notice a list of the apparent owners
g-
of said abutting property as set out in said City Engineer's
written report, but providing that said list of apparent owners
and the descriptions of said properties, 90 included shall
merely be cumulative of and in addition to the requirements of
said notice as required by law and shall not be conclusive as
to the real and true owners, or the descriptions of said
abutting properties, nor limit said notice to such owners
named, or the properties described, but that said notice shall
nevertheless be directed to the real and true owner or owners
of said abutting property, whether named or correctly named,
or said property described, or correctly described, therein or
not; 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 by publication of same
In the Corpus Christi Press, a newspaper published in the City
Of Corpus Christi, Texas on May 22, 1942, May 29, 1942 and
June 9, 1942, said notice so published having included therein
a list of the names of the apparent owners as set out
in said City Engineer's written report as divested in the
aforesaid ordinance; and,
SAS, after due, regular and proper notice thereof,
all as provided by law and the Charter of the City of Corpus
Christi, said hearing of which notice was given, was opened and
held on June 8, 1942 at 10 o'clock A. M. In the Council Chamber
Of the City Hall in tpe City of Corpus Christi, Texas, in
accordance with said ordinance and notice, at which time an
Opportunity was given to all of 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;
CZ=
RUSSELL SMITR D. H. BEST and FRED AI real
iaoCorpuseChrnisti for�manytyearsgand was well eacquainted twi hethess
the limiteePr Posed to bePimprovedruandnthat ifr the simprovementsn
as proposed are constructed on said street, that in his opinion
each parcel of property abutting thereon would be benefitted by an
enhancement in value in excess of the amount of the proposed
ment Of said adjust
ment be made in the aassheof a city hlaokthose properties having less
than the ordinary
MR. H. STIRMAN Assistant City Engineer, explained the
psaemant nreeent 9 upon said street resulted in a lower poet and
compared the cost on a id street with the other streets Paved in
the city recently. he
MR. DICK ROBERTS, an attorney at law, owners tandtfiled
represents a group of twenty-three property
with the City Council their written protest and ob�eotion to the
oonstruction of said improvements and the assessment of the cost
ther of world notgbenbenafittedroreenhanoed innastaareaulti•ofrsaidtiee
improvements, and they requested that either the oityeTtynsnpers
this project or pay the entire cost itself. The prop
so objecting and represented by Mr. Roberto are as follows:
Conway C. Craig W. J. Peck C A Nackris
H. E. Davis Claude Dimbleby Oeker
W. N. Cooper A. J. West
E. Edwards Arnold R. C. Bronson nso
E. K. Valenta
T. R. Holloway F. J. iner
G. F. Pepin Paul joiner
Harry
9ora E. Athey w. H. Flood Flood
J. F. Kucera Mrs. Jerome Russell
Nose F. Branch BY E. R. Russell
B. A. Burtash
The following owners, or their representatives, appeased
not beabenefittednoraenhanc de n valueoas suchrasrtherassessment
proposed to be levied against their properties:
1 OOOPER, owning Lots 1 and 2, Block 1203, Fitchue
Place. B. E. DAMS owning Lots 1 and 2, Block 1103, Fitchus
Place.
R. C. BRUN80N owning LOte2 and 3, Block. 1404 (!arse an
Benevides ddi ion.
HA,M MONEIL owning Lots 1, 2, 3 and 4, Block B, Bonita
Addition.
MR. RICHTER
WHEREAS, no further parties appearing and no further
testimony being offered, said haring, upon motion of Commissioner
McGee, seconded by Commissioner Segrest, and unanimously carried,
was ordered recessed until 10 A.M. on June 22,1942, on which
date said hearing was reopened at the appointed time and place
by the City Council, and all parties appearing were granted
opportunity to be heard and offer testimony as to all of said
matters, in accordance with said ordinances and notice, at which
tiLme the following appeared and offered testimony:
-5-
the City pgyne enaedet�thaicity Conn r, stated that
Per front foot for the paving proposed to be assessed against the
various properties abutting on the Said street be reduced from
$4.4468 to $3.3S69.
The following owners, or their representatives, appeared
and each stated that their properties would not be enhanced in
value as much as the amount of the assessment proposed to be
levied against their respective properties and each requested
an adjustment and reduction in said assessment, said owners and
their properties being as follows, to -wit:
ARNOLD OCKER , owning Lots 12 and 13, Block 1, Glendale
Addition.
HERMAN E. DAYIS owning property at the corner of 13th St.
and Ayers ree—$ et. ---
G. F. PEPIN Owning Lots 1, 2 and 3 And 4, in Block 1003
Fitchue acgi ee.
WILFRED J. PECK owning Lots 7, 8 and 9, in Block 6,
Bonita Addi ion.
CONWAY C. CRAIG owning property on Ayers St. between
15th. and ree s, with a frontage of 250 ft.
R. 0. BRUNSON-' owning Lots 2 and 3, in Block 1404,
Fitobue Place. �
HARRY EDWARDS represented by Mr. Roberts, owning Lots
1, 4, 5 and 6, 9 0 6, Bonita Addition.
ADA DIMBLEBY represented by Mr. Roberts, ownings Lots
1, 2, 3 and 4, and its South 1/2 of 5, in Block B, Bonita Addition.
Place. W. N. COOPER, owning Lots 1 and 2, Block 1203, Fitchue
OTTO RICHTER,
RAE EASLEY appearing for Conway C. Craig, stated he was
in the real es ate business for many years and is familiar with
the property on Ayers St., and that in his opinion the property
owned by Conway Craig would not be enhanced in value at the present
time as a result of the construction of said improvements.
WHEREAS, all the persons and parties appearing for
said hearing at said time and place were given the opportunity to be
heard and offer testimony as to all of said matters, and no
further persona or parties appearing, upon motion of Commissioner
McGee, seconded by Commissioner Segrest, said hearing was recessed
until June 26, 1942, at 10 o'clock A. M. at the Council Chamber in
the City Hall of said city, on which date said hearing was re-
opened at the appointed time and place by the City Council, and
-6-
all parties appearing were granted opportunity to be heard and
offer testimony as to all of said matters, and the following
appeared and offered the following testimony;
A. McCORMICS City Engineer,presented to the City Council
a copy of heasse�ssment rolls on Ayers St., showing the names of
the owners and descriptions of the property abutting upon the
Portion of the street to be improved, and showing the proposed
assessment against each of Same, together with the recommended
sdjustmentsand reductions in said assessments as worked out by said
City Engineer,and recommended to the City Council that said ad-
justmente and reductiona be made and granted to the various owners
and properties as shown on said rolls.
MR. MOBLEY appearing on behalf of Mr. Dick Roberts,
represen ing the property owners who had previously filed a written
Protest to the improvements, stated that all of his clients who
had received adjustments in accordance with the rolls presented
by the City Engineer, were satisfied and that in such cases where
his clients did not get any reduction or adjustment that he felt
they were not entitled to same.
MRS. RUTH HALTOM owning Lot 61 in Block 1104, Merchants
Addition o.2, es ie t she was of the opinion that her property
should receive an additional adjustment to equalize it with the
properties surrounding her property,and requested the City Council
to further adjust the assessment against her.
RUSSETS, SMITH and FRED UAILE upon oath each stated that
they had read a ro s presents y he City Engineer and were
familiar with the various adjustments givin to the assessments
against the properties abutting upon Ayers Street, and that in their
opinion each and every parcel of property abutting upon Ayers Street,
within the limits above defined, that was entitled to an adjustment
or reduction in its assessment had received a reasonable adjustment
and that in their opinion each and every parcel of property abutting
upon said street would be enhanced far in excess of the amount of the
assessments as adjusted, now proposed to be assessed against them as
reflected by said rolls presented by the City Engineer.
WHEREAS, no further parties appearing and no further
testimony being offered at said hearing in relation to any of said
matters, upon motion said hearing was ordered closed; however,
said hearing was not closed by proper ordinance duly enacted by
said City Council, and said bearing thereafter was not reopened
or closed by said City Council until by an ordinance dated
September $1, 1944, duly enacted by said C!.ty Council, said hearing
was ordered to be reopened, continued and held by said City Council
in the Council Chambers of the City Hall of said city at 10 o'clock
A. M. on October 9, 1944, at which time all persons, firms, cor-
porations or estates owning or claiming any such abutting property,
or any interest thereon, or their agents or attorneys, or any persons
interested in any of said proceedings or contracts, might appear
and offer testimony; and said City 6ouncil did by said ordinance
order and direct the City Secretary of said city to give notice
-7-
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 Caller, the official newspaper
of said oity, being a newspaper of general circulation published
in said city; said notice to be published therein at least three
times prior to the date of said hearing, the first publication
of which to be at least ten days prior thereto, all as provided
for, and in accordance with the provisions of said City Charter
and cf Chapter 106 of the Acts of the First Called Session of the
40th. Legislature of the State of Texas, known and shown as
Article 1105 -b Vernon's Annotated Civil Statutes; and
WHEREAS, said City Council did further order and
direct said City Secretary, in addition to the said notice of
said hearing as required by law, which was provided should be
for all purposes valid and sufficient in itself, to include in
said notice the list of the ❑amse of the apparent owners, the
apparent descriptions of said abutting property, the amounts of
the assessments proposed to be levied against said properties and
the adjusted amounts of said assessments as suggested by the
City Engineer and set cut in said City Engineer's reeommendaticn
above described, provided, however, that said list of apparent
owners, property descriptions, proposed assessments and adjustmefits
thereof so included in said notice, should 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 should not in any manner be
conclusive of the real and true owners, or of the true deserpticne
of said abutting property nor limit said notice to such apparent
owners named or property attempted to be particularly described
therein, but said notice should nevertheless be directed to the
real and true owners of said abutting property, whether named
And described, or corrected named or described therein or not,
and to all others claiming, owning or interested in any manner in
any of said abutting property on said street, within the
limits above defined; and
-a-
WHE8EA8, Said notice as ordered and directed by said
City Council, and as required by said Acts and Charter of said
City Be above identified, was duly given by publication of
same in the Corpus Christi Caller, a newspaper published in the
City of Corpus Christi, Texas, on Sept. 26,1944 October
and October 6, 19h4 '�' ---> 3, 19ii1,
said notice so published having included
therein a list of the names of the apparent owners as set out in
Said City Engineer's written report as directed in the aforesaid
ordinance; and
WHE'FAS, after due, regular• and proper notice the 'r'eof,
all as provided by law and the Charter of the City of Corpus
Christi, said heariag,of which notice was so given, was reopened,
continued and bold on October 9, 1944, at 10 o'clock A. D[, in the
Council Chamber of the City Hall. in the City of Corpus Christi,
Texas, in accordance with said ordinance and notice, at which
time an OPPortunity was given to all of said above mentioned
Persons, firm and estates, their agents and at-
torneys,to be heard and to offer evidenced as to all matters in
accordance with said ordinance and notice, at which time the
following appeared and offered testimony;
real estate bucineae for stated that he had been engaged in the
Texas; that he is acquainted years in Corpus Christi,
abutting usinted with the real estate values of property
ng upon said 9yers Street. That he recalls a previous hearing
on this street in 1942 and the proposed assessments made
_-abutting property at that time and that the rates at that time were
$4.89 for paving per front foot. That he had seen the against the
notice of the proposed adjusted assessments, which reduce value oraccrue to theTpro property his opinion the benefits in
than the amount as see owaera would be considerably ymnred
noticed that some of the as essmentsowereHe stated that he had
down and due to the conditions existing to those particular
Pieces of property, and St is his opinion that each of the
Posed assessments against the respective pieces of
on said street Pro -
to the notice ' as Set out in the notice and as adjuatedraccording
least in the umoM fair,, e$ the Property will be benefitted at
against them.
Benavides• N. ATHr'ad(Laura ed'frome ) ' Block 1404, Lot 4, Garza &
remains 243.69 to 169.3.5, the curb coat
proposedgassee�pt, making total of $194.01 ce against previously
was a fair asaeaement on 688-35- Stated that Jr. his opsnsor. that
at the other assessments as property. Stated that he had looked
Proposed Improvements would benefitdthed Property far as owners the
of the amount proposed to be assessed Property owners in ecess
against them.
0-� F-�z Black 1003
that he wa.e satisfied with the asaeeementFaoCOrd Plsoe, stated
adjustment in the amount of 0400.00. ing to the
C11w
HAROLD A. CARR stated that he was in the real estate
and insurance bus ness, associated with J. Roscoe Company. that
he has lived in Corpus Christi since July, 1930, and that since
1937 he has been connected with the Planning Commission of the
City of Corpus Christi. That during his residence in the City and
his connection with the Planning Board, and as real estate agent,
he has been acquainted with real estate values in the City, and
especially with property and values thereof on Ayers Street from
Twelfth Street to Baldwin Boulevard. That he has seer the notice
published regarding proposed assessments on said street as originally
made and as adjusted, and it is his opinion that the proposed im-
provements would benefit each parcel of the abutting property on
that street, and that it is his opinion that the proposed im-
provements will benefit each piece of abutting property at least
in the amount of the proposed assessments against each of the
respective pieces of property as set out in the notice.
.- 10-
WHEMS, 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 compered to the
cost of improving said portions of.said streets proposed to be
assessed against said property, or as to any errors, invalidities
or irregularities in the proceedings or contracts heretofore had
In reference to the improvement of said street, upon motion of
Commissioner Segrest, seconded by Commissioner Mireur, the said
hearing was declared closed; and,
MREAS, at none of said hearings was any objection or
protest raised as to said improvements, the assessments or contracts
therefor, or as to any of the proceedings In reference thereto had
by the City Council or any claim that said improvements did not
create and constitute a special benefit to the properties abutting
upon said Ayers Street, within the limits defined, in excess of
the portion of the cost of said improvements apportioned to the
respective abutting properties and the real and true owners
thereof, except as hersinabove set out; and,
WHOM, 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 protests
and objections relatitie to such matters and as to any errors,
invalidities or irregularities in any of the proceedings and
contract for said improvements, and has given a full and fair
hearing to all parties making or desiring to make any such protest,
Oujeetion, 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
�e City Council finds that each and every parcel of property
abutting upon said street, within the limits to be improved
as herein defined, will be enhanced in value and specially benefited
- a -
by the construction of said improvements in an amount in excess of
the amount of the costs of said improvements, as herein reduced and
adjusted, proposed to be, and as hereinbelow assessed against each
and every said parcel of property abutting on said street, and
the real and true owner or owners thereof, and said City Council
did consider and correct all errors, invalidities or deficiencies
* , called to its attention and did find that all proceedings and
contracts were proper and in accordance with the Charter of said
city and the laws of the State of Texas, under which these
proceedings are being bad, and the proceedings of said City
Council theretofore had with reference to such improvements,
and in all respects to be valid and regular; and said City Council
did further find upon said evidence that the assessments
bereinbelow made and the charges hereby declared against said
abutting properties and the real and true owner of owners thereof,
are just and equitable and did adopt the rule of apportionment
set forth below and the division of the costa of said
improvements between said abutting proyerties, and the real and true
owner or owners thereof, as just and equitable and as producing sub-
stantial equality considering the benefits to be received and the
burdens imposed thereby, and that all objections and protests should
be overruled and denied, except as regards the reductions and adjust-
Rents in the amount of the assessments as herein made and as are
shown in the schedule appearing below in Section III hereof:
NOW, THE WORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
Section I. That there being no further protests or
testimony for or against or in reference to said improvements, bene-
fits or proceedings, said hearing granted to the real and true owners
of abutting property on said street within the limits above defined,
to all persons, firms, corporations and estates owning or ing claim -
0, same or any interest therein, be, and the same is hereby,olosed
and all protests and objections whether specifically mentioned or
.� not, shall be, and the same are hereby, overruled and denied, except
as Main to the reductions and adjustments in the amount of the
- b -
assessments as herein made and am are shown in the schedule
appearing below in Section III hereof, which reductions and adjust-
ments are hereby made and granted in order to produce justice and
} equity and substantial equality between said assessments, consider-
ing the benefits to be received and the burdens imposed hereby.
Section II. That said City Council hereby finds and
• . determines upon the evidence heard In reference to each and every
parcel of property abutting upon said street, within the limits
above defined, that the special benefits in the enhanced value to
accrue to Bald property and the real and true owner or owners
thereof, by virtue of the construction of said improvements in
said portions of said street, will be in excess of the amount of
the costs of said improvements proposed, as reduced and adjusted
herein, to be, and as herein assessed against said abutting
property and the real and true owner or ownebe thereof, and
finds that the apportionment of the costs of said improvements,
and that the assessments hereinbelow made, are just 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 all proceedings and contracts
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
hereinafter 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 proceedinge of said
City Council.
Section III. That in pursuance of said ordinance, duly
enacted, by said City Council, authorising and ordering the improvement
aid above described street, within the limits hereinabove named
x`vend defined and in
pursuance of said proceedings heretofore had and
enseted by said City Council in reference to said improvements and by
virtue of the powers vested in said city with respect to said street
- o -
improvements by the laws of the State of Texas and the Charter
of said city, with particular reference to Chapter 106 of the Acts
of the First Called Session of the 40th Legislature of the State of
Texas, known and shown as Article 1105 -b of Vernon's Annotated Civil
Statutes of Texas, as amended, there shall be, and is hereby levied,
assessed and taxed against the r6spective parcels of property abutting
upon said portion of said Ayers Street, as herein below described,
and against the real and true owner or owners thereof, whether
such real and true owner or owners be named or correctly named,
or said properties be correctly described herein or not, the
several sums of money hersinbelow mentioned and itemized opposite
the description of the respective parcels of said property,
the description of such property, the number of front feet of each,
and the several amounts assessed against same and the real and true
owner or owners thereof, and the names of the apparent owners thereof,
all as corrected and adjusted by said City Council, being as follows,
to- Wit t
- d -
He
E1
Cc
So
+A.
Cc
C.
Gli
FINAL PAVING ASSESSMENT
Ayers Street From the aast�proyer y line oP 12th Street to the eeac
property line of 13th Street and from the west property line of 13th Street to the east
oronert} line oP Bad W1 n a a
Pavement4p+ asph.00no base li+ asph cone. surface Browtf & Root. Ino.. Contractor
Contract Date_ May 5. 1942 40 Ft. Roadway
Curb cost per lineal foot_ 0,45
4.44rc68 - paving rate per front foot
PROPERTY OWNER
I NRME OF
ADDtTiON
HLOCK
NUMBER
LOT NUMBER
PROPERTY
FRONTAGE
I PAYDIG COST
CUBE
Lm. FT.
CURB COSY
TOTAL
AMOUNT
TW&F
STREET
Droedes Lane
Herohant's
Add. No. 3
1004
32
125
(555.85)
125
(56.25)
(612.10)
Adjusted to
282.24
56.25
338.49
D. Thomason
+ +
1004
33
125
(555.85)
125
(56.25)
(612.10)
Adjusted to
338.69
56.25
394.94
F. Pepin
Fitohue Plao
1003
1
125
(555.85)
125
(56.25)
(612.10)
Adjusted to
343.75
56.25
400.00
elf Oil Corp.
+ +
1003
64
125
(555.85)
125
(56.25)
(612.10)
Adjusted to
338.69
56.25
394.94
THIRTEE
9TREE
,th Haltom
Merchant's
Add No. 2
1104
61
125
(555.85)
1 125
(56.25)
(612.10)
Adjusted to
293.75
56.25
350.00
rman E. Davis
Fitohue Place
1103
1
125
(555.85)
125
(56.25)
(612.10)
Adjusted to
293.75
56.25
350.00
Oise Durham
+
1103
64
125
(555.85)
125
(56.25)
(612.10)
Adjusted to
423.36
56.25
47 61
FOIIRTEE
TH STREc
rpus Christi Ind.
pool District
-
-
415
1.845.43)
-
-
(1,845.43)
Adjusted to
1,405.56
1,405.56
L. Palm and W. N.
oper
Fitohue Pla
I
a1203
1
125
(555.85)
125
(56.25)
(612.10)
9djusted to
243.75
56.25
300.00
0. Cole
+ +
1203
E. 501 o
64
50
(222.34)
50
(22.50)
(244.84;
Adjusted to
169.35
22.50
191.85
PLdys A. Roborn
+ +
1203
IV. 75' o
64
75
(333.51)
75
(33.75)
(367.26;
Adjuste& to
254.02
33.75
287.77
Engineering Dept., Corpus Christi, Texas Compiled Checked
W
UI
CI
G
A,
R.
NC
P.
M1
J.
Ri
FINAL PAVING ASSESSMENT
nyars From the east property line o£ 12th Street to the east _
property line of 13th Street and from the west Rroperty line o£ 13th Street to the Beat
property line of Baldwin Boulevard
Pavement4i• asnh.00no base 1 • asnh cono.surfaoe Brown & Root, Ino. , Contractor
Contract Date_ V 5, 1942 40
Ft. Roadway
Curb cost per lineal foot 0.45 4.4468
Pavino into nor front font
PROPERTY OWNER
NAME OF
ADDITION
BLOCK
NUMBER
�Y vrvY
LOT NUMBER
v •
PROPERTY
FRONTAGE
J.JVVi
I •pAVBJG COST i ,T.
ST
CVAB CO OT,
FIFTEMiTH
STRU
H. Flood
erohant's
Add No. 5
1304
32
125
(555.85)
125
(56.25)
L612.10
Adjusted to
423.36
56.25
479.61
se F. Branch
• •
1304
33
125
(555.85)
125
(56.25)
(612.10
Adjusted to
282.24
56.25
338.49
nway Craig
Fitohus Plaoe
1303
1
125
(555.85)
125
(56.25)
L612.10
Adjusted to
358.75
56.25
415,00
away Craig
• •
1303
64
125
(555.85)
125
(56.25)
(612.10
Adjusted to
i
358.75
56.25
415.00
SIX T
NTH ST
T
J. West
Garza and Ben.
I
avides Add.
11404
1
50.6
(225.01
50.6
(22.77)
(247.78
Adjusted to
169.35
22.77
192.1$
C. Brunson
• ■
11404
2, 3
110.57
(491.69)
110.57
(49.76)
(541.45;
Adjusted to
i
338.69
49 *76
388.45
ra E. Athey
• •
1404
4
54.8
(243.69)
54.8
(24.66)
(268.35;
Adjusted to
169.35
24.66
194.01
S. Dugat
• •
1404
5
56.85
(252.80)
56.85
(25.58)
(278.38)
Wjusted to
169.35
25.58
194.93
ins, Susser
Fitchue Place
1403
1
125
(555.85)
125
(56.25)
(612.10,
Adjusted to
282.24
56.25
338 *49
F. Ruoero
Garza and Beavides �1404
Add. 1
30
51.1
(227.23)
51.1
(23.00)
(250.23)
Adjusted to
1
86.54
23.00
109.54
EVENT
NTH STRE
ihter Baking Co.
Port Aransas
Cliffs Add. 11504
Pts. B£2
to 26 an
42 to 45
260.86_1,160.00)
(10160.00)
Ldjusted to
883.51
883.51
Engineering Dept., Corpus Christi, Texas Compiled Checked
F
A.
B,
L
F
M
H
E
B
H
C
C
FINAL PAVING ASSESSMENT
Ayers Street From the east property line of 12th Street tothe east
property line of 13th Street and from the west property line of 13th Street to the east
property line of Baldwin Boulevard
Pavement4i■ eaph.00no,base, 1P, asph.00no.surfaoe Brown & Root, Ino•+ Contractor
Contract Date May 5. 1942 40 pt. Roadway
Curb cost per lineal foot 0.45 4.4468 Raving rate per front foot
PROPERTY OWNER
N"' OF
AEDITION
BLOCK
NUMBER
LOT NUMBER
PROPERTY
FRONTAGE
PAVING COST
CURB.
LRU B .
CvRH COST
TOTAL
AMOUNT
SEVEN
EENTH STPEET
Con
'd
snk Sparks
Port Aransas
Cliffs Add.
1504
Pts. oft
to 30 ;Pt
.
38 to 40
290.50
(1.291.80 )
290.50
(130.73
(1,422.53
Adjusted to
983.89
130.73
1,114.62
EI
HTfiENTH
T T
13, 12
•nold Ooker
Glendale Add.
I
1
137.26
(610.37 )
137.2
(61.77
(672.14
Adjusted to
332.44
332.44
Innett C. Ooker
" •
1
10, 11
100
(444.68
100
(45.00
(489,68
Adjusted to
i
338.69
45.00
383.69
rrraine Ooker Russel
' ■
1
179 8, 9
150
(667.02
150
(67.50
(734.52
Adjusted to
i
508.03
67.50
575.53
J. Ritohie
■ •
1
6
50
(222.34
50
(22.50
(244.84
Adjusted to
169.34
22.50
191.84
)ivia Ooker. Trustee
■
1
3. 4, 5
150
(667.02
150
(67.50
(734.52
Adjusted to
508.03
67.50
575.53
amble Oil & Rat. Co.
1
1. 2
100
(444.68
(444.6E
Adjusted to
338.69
338.65
iil S. Vlantn
Bonita Add.
D
5 -8 inol
99.51
(442.50
99.5
(44.78
(487.2E
Adjusted to
337.03
44.78
381.87
srry MoNie1
" '
D
1 -4 inol
100
(444.68
100
(45.00
(489.6f
Adjusted to
i
338.69
45.00
383.64
. A. Bartosh
if *
B
18,9.K.101
1
of 7
60
(266.81
60
(27.00
) (293.8]
Adjusted to
203.21
27.00
230.23
asa. A. Maokris
■
B
15'6' S.151
of 7
65
(289.04
65
(29.95
(318.24
Adjusted to
I
220.15
29.25
249.4(
laude & Ada A.Dimble
y ■ ■
B
100
(444.68
100
(45.00
) (489.61
Adjusted to
I
11.2.3.4
270.96
45.00
315.91
Engineering Dept., Corpus Christi, Texas Compiled Checked
FINAL PAVING ASSESSMENT
Avers Street From the east property line of 12th Street to the east
property line of 13th Street and from the West property line of 13th Street to the east
property line of Baldwin Boulevard
Pavement41• asph.00no.base, lie asph.00no.surfaoe Brown & Root, Ina., Contractor
Contract Date_ Hay 5. 1942 40 Ft. Roadway
Curb cost per lineal foot 0.45 4.4468 Paving rate per front foot
Engineering Dept., Corpus Christi, Texas Compiled Checked
a b
PROPERTY OWNER
NAME OP
ADDITION
BLOCS
NUI+IBER
LOT NWBER
PPOPEATY
FRONTAGE
PAVING COST
CMD
LIN FT.
I CIA1A COST
AMODNT
Llfred Peak
Bonita Add.
6
7,8,9
TS
(333.51
75
(33.75
(367.2E
Adjusted to
254.02
33.75
287.77
H. Edwards
■ •
6
4,5,6
75
(333.51
75
(33.75
) (367.2E
Adjusted to
254.02
33.75
287.77
R. Holloway
•
6
2. 3
50
(222.34
50
(22.50
(244.84
Adjusted to
169.35
22.50
191.85
H. Edwards
w
6
1
25
(111.17
25
(11.25
) (122.42
Adjusted to
84.67
11.25
95.92
BALDWIN
BOULBVAR
,377.05
19.463.90
3.601.
9(1,620.5
)(21,084.
totals
adjusted
to.....
......
....
...14,779.
Adjusted
-toe
Total Cont
of Pr
oe......
.....$75
031.20
$75,031.20
Cost to pr
party
wners...
..... 21.084.45
14.779.
03
Cost to Oily
of C
rpus Chr
sti
and Nueoes
County
Texas..
.....$53.946.75
$60
252.17
Engineering Dept., Corpus Christi, Texas Compiled Checked
CIO. HE 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 hereinabove stated, the assessments herein made
against any such property and against the real and true owner or
owners thereof shall be, and the same are hereby declared to be
Increased or decreased, as the case may be, in the proportion which
said excess or deficiency of frontage shall bear to the whole number
of front feet of property actually improved in accordance with the
front foot rate of assessment herein adopted, it being the intention
that each parcel of property and the real and true owner or owners
thereof, abutting on said street, within the limits above 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 equit-
able 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, all certificates hereinafter provided for,
Issued to evidence said assessments against said parcels of property
abutting upon said street and the real and true owner or -owners
thereof, shall be issued in accordance with, and shall evidence the
actual frontage of said property and the actual cost of said
Improvements, the amount named in said certificate in no case
to exceed the amount herein assessed against such property unless
such increase be caused by an excess of front footage over the amount
hereinabove stated, such actual cost and such actual number of front
feet to be determined by the City Engineer upon completion of said
work, and the finding by said City Engineer shall be final and
binding upon all parties concerned,
Ssctioa V That the several sums mentioned above in
Section III hereof, assessed against said parcels of abutting property
and the real and true owner or owners thereof, whether said owners
be named or correctly named, or said properties be correctly
described herein or not, subject to the provisions of section IV
hereof, together with interest thereon at the rate of five uercent
per annum and with reasonable attorney's fees and all costs and
- e -
expense of collection, if incurred, are hereby declared to be and
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, April 21,
19429 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, paramount and superior to all
other liens, claims or titles except for lawful ad valorem taxes;
and that the sums so assessed shall be payable as follows, to -wit:
In ten (10) equal installments, the first of which shall be
payable on or before twenty (20) days after the completion of said
Improvements and acceptance thereof by the said City Council, the
nine remaining installments to be due and payable, respedtively,
one, two, three, four, five, six, seven, eight and nine years from
and after said date of acceptance of said improvements by said City
Council, deferred payments to bear interest at said rate of five
per cent per annum until paid, provided, however, that any owner of such
property shall have the right to pay off the entire amount of any
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 the said Brown & Root, Inc., or its 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 9I, 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 thereof, but Brown & Root, Inc, shall look
solely to such property and the real and true owner or owners
thereof, for payment of any sums validly assessed against said
- f -
respective parcels of property, but said city shall be obligated
to furnish Brown & Root, Inc, valid assessments and assessment
certificates and shall exercise all of its lawful powers to 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 option of said Brown & Root, Inc., or its 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 VII. 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 Brown & Boot, Inc.
upon the oompletion of said improvements and acceptance thereof
by said City CoBncil, which certificates shall be exeeured by the
Mayor in the name of theCity, attested by the City Secretary with
the corporate seal, and which shall declare the amounts of said
assessments and the times and terms thereof, the rate of interest
thereon, the date of the completion and the acceptance of the improve-
ments for which the certificate is issued, and shall contain the
name 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 any such property
or in giving the name of any owner or owners, or (Zherwise, shall
In anywise invalidate or impair the asseedment levied hereby or the
certificate issued in evidence thereof.
That the said certificates shall further provide sub-
- 9 —
stantially that if default shall be made in the payment of any
installment of principal or interest when due, then at the option
of Brown & Root, Inc., or its 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 attorney's
fees and all expenses and costs of collection, if incurred, and
said certificate shall set forth and evidence the personal liability
of the real and true owner or owners of such property, whether
named 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 liana, titles and charges, except for lawful
ad valorem taxes, from and after the date said improvements were
ordered by Bald City Council, to -wit, April 21, 1942, and shall
provide in effect that if default shall be made in the payment
thereof, the same may be enforced, at the option of Brown & Root,
Inc., or its assigns, either by the sale of the property t)Lerein
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 certificate 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 proceedings of the City Council of said City,
and that all prerequisit6s to the fixing of the assessment lien
against the property 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 the 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 Corous Christi, Texas, shall exercise all of its
lawful powers, when requested so to do by the holder of said
certificates, b aid in the enforcement and collection thereof,
- h -
and said certificates may contain other and further recitals
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 VIII. That all such assessments levied are,
and shall be, a personal liability and charge against the respective
real and true owner or owners of said abutting properties, notwith-
standing 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 anywise 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 be
but is not required to be, In order to be enforceable, corrected
at any time by the City Council of the City of Corpus Christi,
Texas. Further, that the omission of said improvements in front
of any particular parcel of property abutting upon said streets.
which is exempt from the lien of said assessment, shall in nowiee
affect or impair the validity of assessments against the other
parcels of property abutting upon said street, and the real and
true owner or owners thereof.
That the total amounts assessed against the respective
parcels of property abutting upon said street, within the limits
herein defined, and the real and true owner or owners thereof, are
the same, or less than, the estimates of said assessments pre-
pared by the City Engineer and approved and adopted by said
City Council and are In accordance with the proceedings of said
City Council relative to said improvements and assessments theree,
for, and with the terms, powers and provisions of said Chapter 106
of the Aots of the First Called Session of the 40th Legislature
of the State of Texas, known as Article 1105 -b of Vernon's Annotated
Civil Statutes of Texas, and the Charter of the City of Corpus
Christi, Texas, under which terms, powers and provisions and said
proceedings, said improvements and assessments were Iiad and made by
said City Council.
— i -
SeOtiOA I$. The fact that permanent street improve-
ments within the City of Corpus Christi are immediately necessary due
to the fact that the present condition of the streets In said City
aPfeat
Is �g(¢( /� the health and public welfare of the Inhabitants
thereof and that the streets are subject to unprecedented traffic
due to the rapid growth of said City, and the further fact that it
Is necessary to provide drainage for that area adjacent to said Ayers
Street , create a public emergency and an imperative public
necessity, requiring thesnspension of the Charter rule or require-
ment that no Ordinance or Resolution shall be passed finally on the
date of Its Introduction, and that said Ordinance or Resolution
shall be read at three several meetings of the City Council, and
the Mayor having declared that such emergency and public imperative
necessity exist, and requested that said Charter role 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., /�
PASSED AND APPROVED this Jft day of
A. D„ 1944,
MAYOR, City of Corpus Christi, Texas
ATTEST:
Ity decreta3ty
APPROVED AS TO LEGAL FORM:
-6 f// `
ity Attor y
CORPOS CHRISTI, TEUS
/ �9`+L
TO THE MEMBERS OF THE CITY CCUNCIL
OF THE CITY OF CORPDS.CHRISTI
Corpus Christi, Texas
Gentleman.
For the reasons set Forth in the emergency clause of
the foregoing ordiaeaoe, a public emergency and an imperative
necessity exist for the suspension of the Charter rule or require -
ment 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; I, there-
fore, hereby request that you suspend said Charter rule or require-
ment and pass this ordinance finally on the date it is introduced,
or at the present meeting or the City Council.
Respectfully
MAYOR, City of orpus is i,
Texas
The Charter rule was suspended by the following vote,
A. C. McCaughan
Jo
Joe. IDdireur
Ed. P. Williams
D. A. Segrest
B. G. Moffett
The above ordinance was passed byllowing votes
A. C. McCaughan
Jos. Mireur
Ed. P. Williams �
D. A. Segrest ����//// ,��7 " ""
B. G. Moffett
1795