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HomeMy WebLinkAbout02096 ORD - 06/03/1947AN ORDINANCE Z7 k0 9l� APPROVING AND ADOPTING THE DIRECTOR OF 'PUBLIC WORKS' WRITTEN STATEMENT AND REPORT OF THE ESTIMATES OF THE VARIOUS COSTS FOR THE IMPROVE- MENT OF THAT PORTION OF MORGAN AVENUE AND KOUMOT AVENUE AND BAYLOR AVENUE, WITHIN THE LIMITS HEREIN DEFINED, AND THE STATEMENTS OF THE NAMES OF THE APPARENT OWNERS, DESCRIPTIONS AND NUMBER OF FRONT FEET OF ABUTTING PROPERTY ON SAID STREETS WITHIN SAID LIMITS; DETERMINING AND FIXING THE PORTION OF SAID COSTS, AND THE RATE THEREOF, TO BE PAID BY AND ASSESSED AGAINST SAID ABUTTING PROPERTY, THE REAL AND TRUE Ur4NERS THEREOF, AND THE PORTION THEREOF TO BE PAID BY THE CITY OF CORPUS CHRISTI; AND DETERMINING THE NECESSITY OF LEVYING AN ASSESSMENT AGAINST SAID ABUTTING PROPERTY, AND THE REAL AND TRUE OWNERS THEREOF FOR THE PART OF SAID COSTS APPORTIONED TO THEM; ORDERING AND SETTING A HEARING AT FOUR (4.00) O'CLOCK P.M. ON DAY OF JUNE, 1947, IN THE CITY COUNCIL CHAM=OF THE CITY HALL OF CORPUS CHRISTI, TEXAS, AS THE TIME AND PLACE FOR A HEARING OF THE REAL AND TRUE OWNERS OF SAID ABUTTING PRO- PERTY AND ALL OTHERS INTERESTED IN SAID PROPERTY OR IN SAID PROCEEDINGS CONCERNING SAID ASSESSMENTS AND PROCEEDINGS; DIRECTING THE CITY SECRETARY OF THE CITY OF CORPUS CHRISTI 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 FURTHER DIRECTING SAID CITY SECRETARY, IN ADDIT'ION'TO THE CONTENTS OF THIS NOTICE OF SAID HEARING AS REQUIRED BY LAW, WHICH SHALL BE VALID AND SUFFICIENT IN ITSELF, TO INCLUDE THEREIN A LIST OF THE APPARENT OWNERS AND DESCRIPTION OF SAID ABUTTING PROPERTY AS SET OUT IN SAID REPORT OF THE DIRECTOR OF PUBLIC WORKS AND PROVIDING THAT SAID LIST OF APPARENT OWNERS SHALL NOT BE CONCLU- SIVE OF SAID OWNERSHIP AND SHALL NOT LIMIT SAID NOTICE TO SUCH OWNERS NAMED OR THE PROPERTIES DES- CRIBED AND THAT SAID NOTICE SHALL NEVERTHELESS BE DIRECTED TO THE REAL AND TRUE OWNERS OF SAID ABUTTING PROPERTY 'WHETHER NAMED OR CORRECTLY NAMED OR NOT AND DECLARING AN EMERGENCY. WHEREAS, the City Council of the City of Corpus Christi, Texas, heretofore on January 15, 1945, by duly enacted ordinance, No. A -336, determined the necessity for, and ordered the improvement of Morgan Avenue, Kokernot Avenue and Baylor Avenue, within the limits hereinafter defined, said portions of said streets to be improved as follows, to�wito MORGAN AVENUE from the West property line of Nineteenth Street to the East property line of Port Avenue; and KOKERNOT AVENUE from the North property line of Morgan Avenue to the South property line of the Memorial Hospital Boulevard; and BAYLOR AVENUE from the North property line of Morgan Avenue to the South property line of the Memorial Hospital Boulevard a duly executed notice of said ordinance having thereafter been filed in the name of said City with the County Clerk of Nueces County, Texas; and, 1 WHEREAS, on February 1, 1945, and pursuant to Ordinance No. A -366 of January 15, 1945, 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 appropria- tions 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 the laws of the State of Texas, the City Council did award a contract for the construction of said improvements to Brown and Root, Inc., on its lowest and most advantageous bid, and said contract has been heretofore duly executed by said City of Corpus Christi, Texas, and Brown and Root, Inc., and Nueces County, Texas, and is dated February 1, 1945, and the Performance Bond required by said contract has been properly furnished and posted by said Brown and Root, Inc., and accepted by said City Council of said City as to form and amount and as required by the Charter of said City and the laws of the State of Texas; and, WhEREAS, The said City Council, did, by ordinance No. 1970, enacted on August 29, 1926, reaffirm said determination of necessity for improving said streets within the above limits, and said contract above identified, and did thereby declare its intention to proceed with the improvement of said streets in accordance therewith; and said City Council did, by ordinance No. 2021 enacted on January 14, 1947, reaffirm the appropriation originally made by it by ordinance dated February 1, 1945, to cover the portion of said costs of said improvements to be paid by said City; and YYHMAS, the City Council has caused the Director of Public Works to prepare and file estimates of the cost of such improvements and estimates of the amounts per front foot proposed to be assessed against the property abutting upon said streets, within the limits hereinabove defined, to be improved, and the real and true owners thereof, and said Director of Public Works has heretofore filed said estimates and a statement -2- of other matters relating thereto with the said City Council, the same having been received and examined by the said City Council; and, MLKRREA3, in accordance with the said statement of estimates and other matters prepared and filed by said Director of Public Abrks herein approved by said City Council, the said estimates of the costs of said improvements on each of said streets above defined, and of the amounts per front foot proposed to be assessed against the property abutting upon each of said streets, and the real and true owners thereof, and of the amounts proposed to be paid by said City, are as herainbelow set out in Section 2 hereof; and, VREREAS, it is found that there are no railways, street rail- ways or interurbans using, occupying, or crossing said streets within the limits herein defined to be improved; and, WHEREAS, according to said written statement of said Director of Public 'Works the names of the apparent owners of said abutting property and the number of front feet owned by each, the description of their property, the amount proposed to be assessed against each abutting property and the real and true owners thereof on each of said streets, and other matters contained in said statements are as follows, to merit: -3- TO: THE MAYOR AND CITY COUNCIL FROM: H. H. STIR1,10, DIRPCTOR OF PUBLIC WORKS In accordance with the proceedings heretofore had by the City Council, and at your request and direction, I have prepared and herewith submit to you, estimates of the cost of improving the hereinafter named streets in accordance with the contract therefor. Said estimates are based upon the City and County of Nueces paying all the costs of said improvements to be constructed on Kokernot & Baylor Avenues, and are based upon a portion of the costs of said improvements to be constructed on Morgan Avenue being assessed and charged against the property abutting thereupon and the real and true owners thereof. Said streets to be approved and said estimates being as follows, to—wit: Morgan Avenue from the west property line of Nineteenth Street to the east property line of Port Avenue; and Kokernot Avenue from the North property line of Morgan Avenue to the South property line of Memorial Hospital Boulevard; and Baylor Avenue from the North property line of Morgan Avenue to the South property line of Memorial Hospital Boulevard. "The total estimated cost of the whole improvements on said streets within the limits above defined is $$75,415.80, of which sum $,64,11,1.80 is the total estimated cost of said improvements on said Morgan Avenue, and :11,274.00 is the total estimated cost of said improvements on Kokernot Avenue and Baylor Avenue, which total cost for Kokernot and Baylor Avenues will be paid by said City and the County of Nueces.^ Estimated amount per front foot proposed to be assessed against each abutting property and real and true owner thereof for curbs. 0.45 Estimated amount per front foot proposed to be assessed against each abutting property and real and true owner thereof for construction of said improvements, exclusive of curb. 8.5680 Total estimated amount perfront foot to be assessed against each abutting property and real and true owner thereof. 9.0180 Total estimated amount to be assessed. $ 32,799.55 Total estimated amount to be paid by City and Nueces County; $ 31,342.25 Attached hereto is also submitted a copy of the proposed assessment rolls relative to said improvements on said Morgan Avenue, on which rolls are shown the estimated amounts proposed to be assessed, the names of the apparent owners, the descriptions of the abutting properties with the number of front footage and other information relative thereto, as accurately as I have been able to determine. Respectfully submii tad, i H. H. Stirman Director of Public Works APPROVED City Manager ERK.TMTNARV _*PAVING ASSESSMENT Mars Street from The West Property Line of 19th Street to the Egtpf Property line of port Avenue Pavement .4 -1" Asph, Cone, Bass 1P Asph, Cone, Surfaee Brown & Root, Inc. Contractor Contract Da ?e Februarv_�1_9l„`�_ 561 - 0" Ft.. Roadway Curb cost per lineal foot 0-45 8.5680 Paving rate per front foot Sidewalk cost per sq. foot None Nnntg Sidewalk rate per front foot Property Owner Name of Addition Block Number Lot Number Property Frontage Paving Cost Sidewalk Lin. Ft. Sidewalk Cost " C,,6&(tt Uri. �C Curh & Cost Total Amount NINE ENTH STREET INTERSECTION Fred Frank (s) Segrest 12 9 68.06 583.14 68.06 30.6 613.7 George Taylor (a) Segrest 12 10 155.05 1328.47 155.05 69.71 1398.2 SARI TA STREET INTERSECTrON Sam Braslau (a) Segrest 13 5,6 155.05 1328.47 155.05 69.77 1398.2 Sam Braslau (a) Segrest 13 7,8 155.05 1328.47 155.05 69.7 1398.2 CLEO STREET IN ERSECTIO d Maggie M. Stafford (s) Segrest 20 1,2 149.20 1278.35 149.20 67.14 1345.4 City of Corpus Christi( s) Segrest 20 3 50.55 433.11 50.55 22.7 455.8 HE EY AND ORE WS STREE V INTERSE TION Max and Eva Goltzman (s) Segrest 21 4,5 155,05 1328.47 155.05 69.77 1398.2 Gene Dowdy (s) Corpus Heights 1 1,2,3 181.00 1550.81 181.00 81.4 1632.2 Chick Fogley (s) Corpus Heights 1 4,5 188.61 1616.01 188.61 84.8 (1700.8 Adjusted to: 850.4 runnc worxs irepr., t,;orpus %,nnsu, texas Engineering Division Compiled ELK Checked WEC PRELIMINARY PAVING ASSESSMENT Morgsn Avmnne from The rmQ+ *rty- lips ps o f 19U ­R st,_— to the east prQparty 1 ine of Port Avenue Pavement 4"Asph. Conc. Base l^ Asph. Cone, Surf, Brown _& Root. Inc. Contractor Contract Date-F$b '3 ­ .3-,r Curb cost per lineal foot _1 Sidewalk cost per sq. foot I Ft.. Roadway 8, 5680 _ Paving rate per front foot None Sidewalk rate per front foot Property Owner Name of Addition Black Number Lot Number Property Frontage Paving Cost Sidewalk Lin. Ft. Sidewalk Cost C­b&G.tw1 Lin. Ft. Curb & Gutter Cost Total Amount HE L7 STREET INTIMSECTION Morris Liedeker (s) Roosevelt Place 1 9 to 14 281,.:$2;2,440.34 284.8 128.17 2568.51 RABBIT RUN ROM INTER CTION S. D. Roberts (s) Paisley's See. M 9 81.80 700.86 81. SC 36.81 (737.67 Adjusted to 368.84 I NINETEENTH S ET INTO SECTION Baptist Foundation (n) df Texas (To be paid by the City of Corpus Christi) Tyree Musset Tr. 1691.0 ,488.92 1551.0 697.97 15,186.89 George J. Merriman (n) Tyre Musset:-Tr 175.00 1,499.40 175-OC 78.75 1,578.15 TWE TY–FIFTH SnMT INTERSECTION Joe Kubala (n) Tyre Musset Tr. 49.46 423977 49 *46 22.26 446.03 Frederick McGregor & wife Irene McGregor (n) Tyre Musset Tr. 89.00 762.55 89-OC 40.05 802.60 Joe W. Johnson (n) Tyre Musset Tr 150.56 1290.00 1 1 67.75 1 3779.31 32,381.14 3639.3 637.68 34,018.82 Adjusted Total 32,799.55 Public Works Dept., Corpus Christi, Texas Engineering Division Compiled ELK Checked WEC Preliminary PAVING ASSESSMENT Morgan Avenue from The West Property Line of 19th Street to the East Property Line of Port ;avenue Pavement A+J2 Asph. Cone, Base 1z11 Asph. Cone. Surf. Brown and Hoot, Inc, Contractor Contract Date February 1, 1945 561 — Os Ft.. Roadway Curb cost per lineal foot INW45 8.5680 Paving rate per front foot Sidewalk cost per sq. foot !done None Sidewalk rate per front foot Property Owner Name of Addition Blmk Number Lot Number Property Frontage Paving Cost Sidewalk Lin. FL Sidewalk Cost Cu,b&C Lin. Ft. Curb & Gm" Cost Total Amount Total dontract Price? 7 i,415.80 Cost of Kokernot & Baylor A enues $ 11,274.00 (to be paid by City of Corpt s Christi, and Idueces County, Texas. Cost of Norgan Avenue 6 ,141.80 Cost to Property Owners 3 ,799.55 Out of the sum of 02,799.5 the City of Corpus Christi, as property owner is paying the sum of X455.86 and the City of Corpus Christi & llueces County, Texas is paying the stun of W,186.8c for the benefit of the Baptist Foun ation of Texas. Cost to the City of Corpus hristi, and $ 31,342.25 Idueces County, Texas, Public Works Dept., Corpus Christi, Texas Engineering Division Compiled FLY 5/21/47 Checked 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 estimated total costs of the whole improvement on said Morgan avenue, within the limits above defined; the total estimated costs of the whole improvement on Kokernot and Baylor Avenues; the estimated amount per front foot proposed to be assessed against the abutting property and the real and true owners thereof on said Morgan iivenue for construction of curbs; the estimated amount per front foot proposed to be assessed against the abutting property and the real and true owners thereof for said improvements, exclusive of curbs on said Morgan Avenue; the total amount per front foot proposed to be assessed against said abutting property and the real and true owners thereof on said Morgan Avenue; the total estimated cost of said improvements on said Morgan Avenue to be paid by the City of Corpus Christi, Texas; the total estimated amount of the cost of said improvements on said Morgan Avenue proposed to be assessed against the abutting property and the real and true owners thereof; the names of the apparent owners of the property abutting on Morgan Avenue within the limits above defined, with the number of front feet owned by each and the description of their 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, It is hereby found and determined that; 1. The total estimated cost of the whole improvements on said streets within the limits above defined is $75,415.80, of which sum $64,141.80 is the total estimated cost of said improvements on said Morgan Ave., and $11,274.00 is the total estimated cost of said improvements on Kokernot Ave. and Baylor Ave., which total cost for Kokernot and Baylor Avenues will be paid by said City and the County of Nueces. 2. The estimated amount per front foot proposed to be assessed against each abutting property and the real and true owner or owners thereof for curbs on said Morgan Ave., within the limits above defined, is $0.15 per lineal foot. 3. The estimated amount of cost per front foot proposed to be assessed against each abutting property and the real and true owners thereof for the construction of said improvements on said Morgan Ave., within the limits above defined, exclusive of curbs, is $86680 per lineal foot. 4. The total estimated amount per front foot proposed to be assessed against each abutting property and the real and true owners thereof for said improvements on Morgan Avenue within the limits above defined is $9.0180 per lineal foot. 5. The total estimated amount of the costs of said improvements on Morgan Avenue within the limits above defined proposed to be assessed against the abutting property and the real and true owners thereof is $32,799.55, of which sum the City of Corpus Christi, Texas, as a property owner, will pay the sum of $455.86, and the City of Corpus Christi, Texas, and the County of Nueces, Texas, will pay the sum of $15,186.89, being -5- the amount of the estimated costs of said improvements proposed to be assessed against the property of the Baptist Foundation of Texas; and 6. The total cost of said improvements on said streets within the limits above defined, to be paid by the City of Corpus Christi, Texas, and the County of Nueces, Texas, is $142,616.25, of which sum 331,3L2.25 is for the costs of said improvements on said Morgan Ave., and 9^11,271.00 is for all of the costs of said improvements on KokernotAve. and Baylor Ave. SECTION 3. A portion of the costs of said improvements shall be paid and defrayed by the City of Corpus Christi, Texas, which portion shall include whatever part of said costs which may be contributed or paid by the County of Nueces, Texas, and that a portion of the costs of said improvements on said Morgan Avenue shall be paid and assessed against the property abutting upon said Morgan Avenue 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 the Acts of the 40th Legislature of the State of Texas, First Called Session, Chapter 106, and known and shown as Article 1105 -b of Vernonfs ANNOTATED CIVIL STATUTES OF TEXAS, and that the total costs of said improvements on said streets within the limits above defined shall be and are hereby apportioned between said parties and shall be paid and defrayed as follows: (a) The City of Corpus Christi shall pay the whole cost of construction, reconstruction or repair of the curbs within the intersections of said streets with other streets and alleys, the whole cost of construction, reconstruction or repair of the intersections of said Morgan Avenue with other streets and alleys, the whole cost of construction, reconstruction or re- said pair of all /improvements on Baylor Avenue and Kokernot Avenue within the limits above defined including the curbs, the whole cost of construc- tion of storm sewers and appurtenances thereto, if any, and shall pay not less than one -tenth (110) of the total remaining cost of said improvements, -6- exclusive of the cost of the curbs in front of the respective properties abutting upon said Morgan Avenue. The portion of the costs of said improvements recited in this paragraph as payable by the City, includes whatever part thereof that may be contributed or paid by Nueces County, Texas, said costs being in amounts as hereinbeforo set out in Section 2 hereof. (b) The property abutting upon said Morgan Avenue within the limits above defined, and the real and true owners thereof, shall be assessed and pay for the total cost of constructing, reconstructing, or repairing, as the case may be, of curbs in front of their respective properties, and shall pay all the remaining costs of said improvements, exclusive of the amounts thereof herein specified to be paid by the City of Corpus Christi as set out in Sub- section (a) above, and exclusive of the cost of any storm sewers, but inclusive of the cost of all inci- dentals and appurtenances. However, such remaining costs to be assessed against and paid by said abutting property and the real and true owners thereof shall not in any case exceed nine - tenths (910) of the total costs of said improvements on said Morgan Avenue, exclusive of the costs of curbs, said costs being at the rate of, and in the amounts as set out in Section 2 hereof, and said portion of said costs for such improvements shall be assessed against said abutting property and the real and true owners thereof; provided, however, that no amount shall be assessed against said 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, and that said costs 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 on said Morgan Avenue. Provided that if it shall appear at the hearing on special benefits, hereafter 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, -7- considering the special benefits in enhanced value to be received and burdens imposed, all in accordance with and as provided for in said City Charter and said Acts of the 40th Legislature of the State of Texas, First Called Session, Chapter 106 as hereinabove identified. That the amounts payable by the real and true owners of said abutting property shall be paid and become payable in ten (10) equal annual installments, the first of which is to be due and payable twenty (20) days after the date said improvements are completed and accepted by the City Council of the City of Corpus Christi and the remaining nine (9) installments to be due and payable respectively in one (1), two (2), three (3), four (4). five (5), six (6), seven (7), eight (8), and nine (9) years from and after the date of such acceptance, together with interest thereon from the date of acceptance, at the rate of five (5 %) per cent per annum, payable, annually; provided, however, that the owners of said property shall have the privilege of paying anyone of 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 the payment of any of said 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 immediately due and payable,'together with reasonable attorney's fees and collection costs, if incurred. SECTION 14. That a hearing be given to the real and true owners and all owning or claiming any interest in any property abutting upon said portions of said Morgan Avenue within the limits above defined, and to all others owning, claiming or interested in said property, or any of said matters as to the assessments and to the amount to be assessed against each parcel of property and the real and true owners thereof, and as to the special benefits to said property to be received from said improvements, if any, or concerning any error, invalidity, irregularity or deficiency in any proceedings or contract with reference thereto, or concerning any matter or thing connected therewith, which hearing shall be held by the City Council of said City in the Council Chamber of the _g_ City Hall in the City of Corpus Christi, Texas, at 4 o'clock P.M. on the ,a�.g day of June, A. D. 1947, 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 councel 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 PRESS, the official newspaper of the City of Corpus Christi, which is a news- paper 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 publications shall be at least ten days prior to the date of said hearing, and such notice by publication shall be valid and sufficient without any further form of notice, as provided for and in accordance with the terms and provisions of said City Charter and of 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; 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 descrip- tions of said abutting property as set out in said Director of Public Work's 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 limitssaid notice to the properties described or to such apparent owners named therein, but said notice shall nevertheless r� 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, owning, or interested in any manner in any of said abutting property on said Morgan Avenue 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 improve - on Morgan Avenue ments/hereinabove determined to be payable by said abutting property and the real and true owners thereof, and which assessments 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 there are no permanent street improve- ments on Morgan Avenue, Kokernot Avenue and Baylor Avenue, within the limits above defined, and that such streets have become important thorough- fares and connect important thoroughfares and the fact that the present condition of these streets is dangerous to the health and public welfare of the inhabitants thereof creates a public emergency and an imperative public necessity, requiring the suspension of the Charter Rule, that no ordinance or resolution shall be passed finally on the date of its intro- duction and that said ordinance shall be read at three several meetings of the City Council, and the Mayor having declared that such emergency and imperative public necessity exist, and having requested that said -19- Charter rule be suspended, and that this Ordinance be passed finally on the date of its introduction, and that this ordinance take effect and be in full force and effect from and after its passage, IT IS ACCAEDINGLY SO ORDAINED. PASSED and APPROVED this day of , A. D. 1947. AT/TEES�ST: vL(P -- City Secretary / APPROVED AS TO LEGAL, FORM: (A A-U orney WOR City of Corpus Christi, Texas. -11- Corpus Christi, Texas lmfflai_ 1947 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas Gentlemen; For the reasons set forth in the emergency clause of the foregoing 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 introduced, or at the present meeting of the City Council. Respectfully, City of Corpus Christi, Texas The Charter rule was suspended by the following vote: Wesley E. Seale George R. Clark, Jr. John A. Ferris R. R. Henry Joe T. Dawson The above ordinance was passed by the following vote: Wesley E. seals George R. Clark, Jr. John A. Farris �dY� R. R. Henry Joe T. Dawson A0,9 4, NOTICE TO THE REAL AND TRUE OWNERS, 'WHETHER HEREIN- AFTER NAMED OR CORRECTLY NAMED OR NOT, OF PROPERTY ABUTTING UPON MORGAN AVENUE FROM THE WEST PROPERTY LINE OF NINETEENTH STREET TO THE EAST PROPERTY LINE OF PORT AVENUES AND KOKERNOT AVENUE FROM THE NORTH PRO- PERTY LINE OF MORGAN AVENUE TO THE SOUTH PROPERTY LINE OF THE MEMORIAL HOSPITAL BOULEVARD; AND BAYLOR AVENUE FROM THE NORTH PROPERTY LINE OF MORGAN AVENUE TO THE SOUTH PROPERTY LINE OF THE MEMORIAL HOSPITAL BOULEVARD IN THE CITY OF CORPUS CHRISTI, TEXAS, AND TO ALL OWNING OR CLAIMING ANY SUCH ABUTTING PRO- PERTY OR ANY INTEREST THEREIN AND TO ALL INTERESTED IN ANY PROCEEDINGS, CONTRACTS, OR MATTERS HEREINAFTER MENTIONED. NOTICE is hereby given to the real and true owners, whether hereinafter named or correctly named or not of property abutting upon Morgan Avenue, Kokernot Avenue and Baylor Avenue, within the limits herein defined, and all persons owning or claiming any of such abutting property, or any interest therein, and to all others owning, claiming, or interested in any of said property or in ar{y of the proceedings, con- tracts and matters mentioned herein, that; The City Council of the City of Corpus Christi, Texas, by duly enacted ordinance dated January 15, 1945, determined the necessity for and ordered the improvement of the following streets within the following limits in the City of Corpus Christi, Texas, to-wit- MORGAN AVENUE from the west property line of Nineteenth Street to the East property line of Port Avenue; and KDEM OT AVENUE from the North property line of Morgan Avenue to the South property line of the Memorial Hospital Boulevard; and BAYLOR AVENUE from the North property line of Morgan Avenue to the South property line of the Memorial Hospital Boulevard by raising, grading, filling, widening, paving, repaving, or repairing same and by constructing, reconstructing, repairing or realigning concrete curbs and gutters where the Director of Public works has determined that X09( adequate curbs and gutters are not now installed on proper line and grade and by constructing such storm sewers and drains, and all other incidentals and appurtenances thereto, all as deemed adequate by the Director of Public Works. Said paving to consist of the construction, reconstruction air of a 1 or repair 4a inch hot asphaltic concrete base course, and the construction thereon of a substantial wearing surface of 12 inch asphaltic surface course; all of said improvements to be done in the manner and according to the plans and specifications therefor heretofore adopted and approved by the City Council of said City and the contract hereinafter des- cribed which said plans and specifications and contract are on file in the office of the City Secretary and in the office of the Director of Public Works of said City. That said City Council, after having duly and legally advertised for and received bids for the construction of said improvements, has let and awarded a contract to Brown & Root, Inc., for the construction of said improvements, said contract being dated February 1, 1945, and having heretofore been duly entered into on behalf of said City, the County of Nueces, Texas, and said contractor, Brown & Root, Inc., The said City Council did, by Ordinance No. 1970, enacted on August 29, 1926, reaffirm said determination of necessity for improving said streets within the above limits, and said contract above identified, and did thereby declare its intention to proceed with the improvement of said streets in accordance therewith; and said City Council did, by Ordinance No. 2021 enacted on January 14, 1947, reaffirm the appropriation originally made by it by ordinance dated February 1, 1915, to cover the portion of said costs of said improvements to be paid by said City. The said City Council has caused the Director of Public Works to prepare and file the hereinafter set out estimates of the costs of such improvements and has heretofore by duly enacted Ordinance No. BJ.����� dated day of June, 1947, determined the necessity of levying assess- ments for a portion of the cost of construction of said improvements against the property abutting upon said Morgan Avenue, within the limits above defined, and the real and true owner or owners thereof, and did adopt and determine the hereinafter set out proposed apportionment of the costs of said improvements between said City and said abutting property and the real and true owners thereof and that the portion of said costs proposed to be assessed against the said abutting property and the real and -2- true owners thereof will be in accordance with the FRONT FOOT RULE OR PLAN and did further adopt the following proposed rates and estimates of said costs¢ 1. The total estimated cost of the whole improvements on said streets within the limits above defined is $75,1415.80, of which sum $614,1141.80 is the total estimated cost of said improvements on said Morgan Ave., and $11,2714.00 is the total estimated cost of said improvements on Kokernot Ave. and Baylor Ave., which total cost for Kokernot and Baylor Avenues will be paid by said City and the County of Nueces. 2. The estimated amount per front foot proposed to be assessed against each abutting property and the real and true owner or owners thereof for curbs on said Morgan Ave., within the limits above defined, is $0.45 per lineal foot. 3. The estimated amount of cost per front foot proposed to be assessed against each abutting property and the real and true owners thereof for the construction of said improvements on said Morgan Ave., within the limits above defined, exclusive of curbs, is $8.5680 per lineal foot. 14. The total estimated amount per front foot proposed to be assessed against each abutting property and the real and true owners thereof for said improvements on Morgan Avenue within the limits above defined is $9.0180 per lineal foot. 5. The total estimated amount of the costs of said improvements on Morgan Avenue within the limits above defined proposed to be assessed against the abutting property and the real and true owners thereof is $32,799.55, of which sum the City of Corpus Christi, Texas, as a property owner, will pay the sum of $455.86, and the City of Corpus Christi, Texas, and the County of Nueces, Texas, will pay the sum of $15,186.89, being the amount of the estimated costs of said improvements proposed to be assessed against the property of the Baptist Foundation of Texas; and 6. The total cost of said improvements on said streets within the limits above defined, to be paid by the City of Corpus Christi, Texas, and the County of Nueces, Texas, is $12,616.25, of which sum $31,3142.25 is for the costs of said improvements on said Morgan Ave., and $11,2714.00 is for all of the costs of said improvements on Kokernot Ave. and Baylor Ave. A hearing will be given and held by and before the City Council of the City of Corpus Christi, Texas, on June 4—, 1947, at 4;00 o'clock -3- P.M. in the City Council Chamber in the City of Corpus Christi, Texas, to the real and true owners, whether named or correctly named herein or not, of all property abutting upon said Morgan Avenue within the limits above defined, and to all persons owning or claiming any such abutting property or interest therein, and to all others owning, claiming, or interested in said abutting property, or any of the proceedings, contracts or matters and things herein mentioned or incident to said improvements or contract herein described. At said time and place all of such persons, firms, corporations and estates, and their agents and attorneys, shall have the right to appear and to be heard and offer testimony as to the said assessments, and to the amount thereof, proposed to be assessed against said abutting property and the real and true owner or owners thereof, the lien and charge of personal liability to secure payment of said assessments, the special benefits to accrue to each such abutting property and the owner or owners thereof by virtue of said improvements, if any, or concerning any error, invalidity, irregularity or deficiency in any proceedings or contracts in reference to said improvements, and said proposed assess- ments, and concerning any other matter or things as to which hearing is a Constitutional prerequisite to the validity of said assessments, proceedings, and improvements on which they are entitled to a hearing under the laws of the State of Texas and the Charter of the City of Corpus Christi, Texas. Following such hearing, assessments will be levied against each and every parcel of property abutting upon said Morgan Avenue within the limits above defined and the real and true owners thereof for that por- tion of the costs of said improvements determined by said City Council to be payable by such abutting properties, and the real and true owners thereof, and said assessments shall be and constitute a first and prior lien upon said abutting property from the date said improvements were ordered by said Council, and shall be a personal liability and charge against the real and true owners of such abutting property as of said date, whether such property be described or correctly described, or such true owner be named, or correctly named, in said proceedings or not, and no error or mistake or discrepancy of such names of such owners or in des- cribing such property herein in this notice or in any of said proceedings with reference to said improvements, shall invalidate any assessments or certificates issued in evidence thereof, but nevertheless each parcel of property abutting upon said Morgan Avenue, within the limits above defined, and the real and true owner or owners thereof, shall be charged with, and be liable for, said assessment which shall be valid, whether or not such Owner or owners be named or correctly named, or such property be described or correctly described, all as provided for and under the Charter of the City of Corpus Christi and the ,,cts of 1927, 40th Legislature of the State of Texas, First Called Session, Chapter 106, commonly known as rirticle 1105 -b, Vernonts ANNOTATED CIVIL STATUTES OF TEXAS as amended, under which said improvements, proceedings and assessments are being constructed, performed and levied. The following is a list of the apparent owners and description of said abutting property on said Morgan Avenue, within the limits above defined, which list is included herein merely as an aid to assist in Giving notice to the real and true owners of said abutting property and is cumulative of, and in addition to, the requisites of the foregoing notice as provided for by said Acts and Charter provisions, above identified, which notice in itself is valid and sufficient, and the following list and schedule shall not be conclusive as to the real and true owners, and the description of said abutting property, nor shall said list limit said notice to such owners names or property described, but this said notice shall nevertheless be directed to the real and true owner or owners of all said abutting property on said Morgan Avenue, within the limits above defined, whether named or correctly named herein or not: -5- TOs THE MAYOR Ai;D CITY COUNCIL FRCMt H. H. STIRMiai, IiIR CTCR CF PUBLIC WORKS In accordance with the proceedings heretofore had by the City Council, and at your request and direction, I have prepared and herewith submit to you, estimates of the cost of improving the hereinafter named streets in accordance with the contract therefor. Said estimates are based upon the City and County of Nueces paying all the costs of said improvements to be constructed on Kokernot & Baylor Avenues, and are based upon a portion of the costs of said improvements to be constructed on Morgan Avenue being assessed and charged against the property abutting thereupon and the real and true owners thereof. Said streets to be approved and said estimates being as follows, to -wit,, Morgan Avenue from the wort property line oi' 141nateenth Street to the east property line of "Port Avenue; and Kokernot Avenue from the north property line of Morgan Avenue to the South property line of Memorial Hospital Boulevard; and Baylor Avenue from the North property Line of Morgan Avenue to the South property line of Iemoria Hospital Boulevard. "The total estimated cost of the whole improvements on said streets within the lip.its above defined is x°75,415.80, of which sum �64,141.80 is the total estimated cost of said improvements on said Morgan Avenue, and x.1,1,274.00 is the total estimated cost of said improvements on Kokernot Avenue and Baylor Avenue, which total cost for - ;Okernot and Baylor Avenues will be p.id by said Citb and the County of Hueees." L;stimated amount per front foot r- ;posed to be assessed against each abutting property and real and true owner thereof for curbs. 0.45 Estimated amount per front foot yroposed to be assessed against each abutting property a<cd real a1•1 true owner thereof for construction of said improvements, exclusive of curb. 8.5660 Total estimated amount per£rort foot to be assessed against each abutting property and reel and true owner thereof. 9.0180 Total ostamted amount to be assessed. Z 32,799.55 Total estimated aromt to be paid by City and IhAecos count" 031,342.4 Attached hereto Is also sibmitted a copV of the propooed saseamsnt rO3,js relative to said iMnrOVWWU, on saM norgen AV%Me, On Wjach ra" a" shown the estimated a,.wjLntV >roix>e xi to be a0aessed, the names of the aLIpsXQ.Ut, oWDQrUS US descriPtlo�:S of the abutti3ag proportie, rtth the WmbW Of I'MIt fOOta6v Wtd GthtT infonntion relative therotol as accurately as 1 Mve bow able to doU=im. 'ism —tnaly man' Director of Public Works GUY 140-110M M=M11NARx _PAVING ASSESSMENT Morse, Street -from The West Property Line of 19th Street to the E@at Pro porty line of Port Avenue Pavement4" Asph, Cone. 13eae 1 " Asph Cone Surface ftrown &Root. Irrc. Contractor Contract Date_ Februarys, 19415 561 - on Ft.. Roadway Curb cost per lineal foot 0 45 8.5660 Paving rate per front foot Sidewalk cost per sq. foot None None c:a,.....n_ __._ ___ r___. ,_ . Property Owner Name of Addition Block Number Lot Number Property Frontage Paving Cost Sidewalk Lin. Ft. Sidewalk Cost Cur6f6etter Li'n_. Rtt. Curb & r Cost Total Amount NINETE if STREE 1�'TE12s TION Fred Frank (s) Segrest 12 9 68.06 583.14 68.06 30.63 613.77 George Taylor (a) Segrest 12 10 55.05 328.47 55.05 69.77 1398.24 SARITA STREET In SECTIC 14 Sam Braslau (s) Segrest 13 5,6 55.05 1328.47 55.05 69.77 1398.24 Sam Braslau (s) Segrest 13 7,8 55.05 L328.47 55.05 69,77 1398.21; CLBO STREET IN SECTION Maggie M. Stafford (s) Segrest 20 1,2 9.20 278.35 149.2D 67.14 1345.49 City of Corpus Christi(s) Segrest 20 3 50.55 433.11 50.55 22.75 455.86 BE'NLL7 AND CRFW STREET INTERSECT rON Max and Eva Goitzman (s) Segrest 21 4,5 55,05 328,47 155.05 69.77 1398.24 Gene Dowdy (s) Corpus Heights 1 1,2,3 81.00 550.81 81.00 81.45 1632.26 Chick Fogley (s) Adjusted to: Corpus Heights 1 4,5 88.61 616.01 88.61 84.87 1700.88 ) 850.44 Pnhlin Wnrlra i7er.f ('..r.,..Q !•1..:..0 m..___ - Engineering Division �vu� Compiled EU Checked; PAVING ASSESSMENT Morgan Avenue from The west property line of 19th Street to the east property line of Port ;'_venue Pavement 0 "Asph. Conc. Ba.ee V -" Asph. Gone. Surf. Brown & :Root, Inc. Contractor Contract Date Feb Sy 1, 1945 56 r r ® n Ft.. Roadway Curb cost per lineal foot 0.45 8.561 i hone Fore Paving rate per front foot Sidewalk cost per sq. foot Sidewalk rate per front foot Property Owner Name of Addidon Block Number Lot Number Property Frontage Paving Cost Sidewalk Lin. Ft Sidewalk Cost Curb&Gutter Lin. Ft. Curb & Gutter Cost Total Amount Ht*,kt LY STRTf 'k.i ,TTM1 ,RK( IO( Morris I,iedeker (s) Roosevelt Placq 1 9 to 14 24.,$2 2;440.31,. 284.8, :128.17 2568.53 RABE IT RMZ ROAO S. D. Roberts (s) Paisley's Sec. V. 9 81. W 700.86 81. 8C 36,41 (737.6; Adjusted to 368.'x'4 a3T7 !T,N` H STUYT LiT''' 8YOTIC'i' Baptist Foundation (n) 8P Texas (To be paid by theity of Corpus Christi) Musaet Tr. 1691.0 ,488.92 1551.0 697.97 155186.89 George J Merriman (n) Tyre Musset.Tr, 175.00 1,4.99./;0 175. W, 78.75 1,578.15 TWENTY—FIFTH FT 2- SSCTIt�T, Joe Kubala (n) Tyre Musaet Tr. 49.46 4.2 7'1 3r 49.4 22.26 446.03 Frederick McGregor & wife Irene McGregor (n) Tyres 41tisset Tr. 89.00 762.55 89-Od 40.05 802.60 Joe W. Johnson (n) Tyre "set Tr. 67.75 1357.75 3719.31 32,381.1A 3639.3 637.68 34„018.82 Adjust,ed Total 32,799.55 runuc Works Dept., Corpus Christi, lesas WE( ELK Engineering Division Compiled Checked Prelim ;n°ry PAVING ASSESSMENT Morgan Avenue from The West Property Line of 19th Street to the .East Property Linea of Port Avenue. Pavement 4? Asph. Cono. Base I*u Asph. Gone. Surf, Brown L Rost., Inn, Contractor Contract Date February 1, 1943 561 — Qs Ft.. Roadway Curb cost per lineal foot O.45 Sidewalk cost per sq. foot None A.VAM Paving rate per front foot lions Sidewalk rate per front foot Property Owner - Name of Addition Block Number Lot Number Property Frontage Paving Cost Sidewalk Lin. Ft, Sidewalk Cost Curb&'.n" Lin. Ft Curb & C Cost Total Amount Total. Contract Price � 75 A15.80 Cost of Kokernot & Baylor Ajenues a 3.1,,274-00 (to be paid by City of Corpt a Christi, and ldueces County, Texas Cost of Morgan Avenue 14-1.80 Cost to Property Owners 32 799.55 Out of the sum of 432,799.5 the city of Corpus Christi, as prop owner is Paying the sum of X155.86 the City Of Corpus Christi & Aueees County, Tex,,s is Paying the sum of $15,186. 89 for the benefit of the Baptist Foundation of Texas. Cost to the Cite of Corpus Ghriati, and n 342.25 Nueees County, Texas. Public Works Dept., Corpus Christi, Texas Engineering Division Compiled 5/21/47 Checked Of all said matters and things, all claiming or owning such abutting property or any interest therein, as well as all others in anywise interested or affected by the things and matters herein men- tioned, will take notice. DONE by order of the City Council of the City of Corpus Christi, Texas, this .day of Jun 1947. -�2 L GITY BE , e ;t City of Corpus Christi, Texas. Publications -6- CORPUS CIIRISTI PRESS s se-11— RATE FRANK S. HARRISON, PusLISHER TES u91.0O PER YEAR ON APPLICATION IAU�OlN, � ¢ -9sz eo/, —" elrh 44 E'" Ita a]I CORPUS CHRISTI, TEXAS State of Texas County of Nueces; On this the 23rd day of June 1947 personally appeared Frank B.Harrison, known to me, who upon his oath says that he is the publisherof Corpus Christd Press, a newspaper of general circulation published every Thursday in Corpus Christi Nueces County Texas and entered as second cladd mailing matter at the Corpus Christi Texas postoffice and designated by City Council of Corpus Christi.as the official publication of said city$ and who upon his oath says that the notice of heating for the paving of Morgan Street, was published as per attached exhibit in threw conseciitive issues of Corpus Christi Press to -wit; June 5,12 and 19, 1947 --- _ ____ Frank B.Harriwon Sworn to and subscribed before me a notary public on this the 23rd day of June 1947 Ethel Frisby Notary Pub ;ic Nueces County Texas ...1. 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