HomeMy WebLinkAbout02932 ORD - 11/14/1950AN ORDINANCE Oa93a
APPROMC AND ADOPTING THE DIRECTOR OF PUBLIC WORKS*
WRIMN STATEMENT AND REPORT OF THE ESTIMATES OF THE
VARIOUS COSTS TOR THE IMPROVEMENT OF OLD ROBSTCWN ROAD
FROM THE NORTH BOUNDARY LINE OF AGNES STREET TO THE
SOUTH BOUNDARY LINE OF UPRIVER ROAD, AND THE STATEMENTS
OF THE NAMES OF THE APPARENT 00ER.S, DESCRIPTIONS AND
NUMBER OF FRONT FEET OF ABUTTING PROPERTY ON SAID STREET
WLTHIN SAID LIMITS; DETERMINING AND FIXING THE PORTION
OF SAID COSTS, AND THE RATE THEREOF, TO BE PAID BY AND
ASSESSED AGAINST -SAID ABUTTING PROPERTY, AND THE REAL
AND TRUE GINEHS 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 aWERS THEREOF TOR THE
PART OF SAID COST APPORTIONED TO THEM; ORDERING AND
SETTING A HEARING AT ! OTCLOCK P. M. ON THE
5th DAY OF 11ECEMUhR., 1950, IN TR�CTY COUNCIL
CHAMBER OF THE CITY HALL OF CORPUS CHRISTI, TEXAS, AS THE
TIME AND PLACE FOR A HEARING OF THE REAL AND TRUE OWNERS
OF SAID APITTING PRCPERTY, AND ALL OTHERS INTERESTED IN
SAID PROPERTY OR IN SAID PROCEEDINGS CONCERNING SAID
ASSESSMENTS AND PROCEEDINGS; DIRECTING 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 ADDITION 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 LISP OF
THE APPARENT aMRS AND DESCRIPTIONS OF SAID ABUTTING
PROPERTY AS SET OUT IN SAID REPORT OF THE DIRECTOR OF
PUBLIC PARKS AND PROVIDING THAT SAID LIST OF APPARENT
UMERS SHALL NOT BE CONCLUSIVE OF SAID aaER3i IP AND
SHALL NOT LIMIT SAID NOTICE TO SUCH Or7MERS NAMED OR THE
PROPERTIES DESCRIBED, AND THE SAID NOTICE SHALL NEVERTHE:
LESS BE DIRECTED TO THE REAL AND TRUE OWERS OF SAID
ABUTTING PROPERTY, WHETHER NAMED OR CORRECTED NAMED OR
NOTE; AND DECLARING AN EMERGENCY.
WHEREAS, the City Council of the City of Corpus Christi, Texas,
heretofore on November lb, 1950, by duly enacted ordinance determined
the necessity for, and ordered the improvement of Old Robstown Road
within the limits hereinbelow defined, said portions of said Street to
be improved being as follows, to -wit:
Old Robstown Road from the North boundary line
of Agnes Street to the South boundary line of
Upriver Road, ,
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
WHEREAS, said City Council of the City of Corpus Christi having -
advertised for and received bids on the construction of said improvements
for the length of time and in the manner and form required by the Charter
�9�a
of said City and the laws of the State of Texas, and also having, duly
and regularly made appropriations of funds available for such purpose
to cover the estimated cost to said City of said improvements, all as
provided by the Corpus Christi City Charter, and by -laws, did award a
contract for the construction of said improvements to J. M. Dellinger,
Inc., on its lowest and most advantageous bid, and said contract having
been heretofore duly executed by the City of Corpus Christi, Texas, and
J. M. Dellinger, Inc., and dated November—L4,.______, 1950,
and the Performance Bond required by said contract has been properly
furnished and posted by said J. M. Dellinger, 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 Director of Public
Works to prepare and file estimates of the costs of such improvements and
estimates of the amounts per front foot proposed to be assessed against the
property abutting upon said street to be improved, and the real and true
owners thereof, and said Director of Public Works has heretofore filed said
estimates and a statement of other matters relating thereto with said City
Council, the same having been received and examined by the said City
Council; and,
WHEREAS, in accordance with said statement of estimates and other
matters prepared and filed by said Director of Public Works herein approved
by said City Council, the total estimated cost of the whole improvement of
Old Robstown Road, within the himita above defined, is $862538.71; the
estimated amount per front foot proposed to be assessed against each abutting
property and the real and true owners thereof for curbs and gutters on Old
Robstown Road, within the limits above defined is $1.55 per front foot;
the estimated amount per square foot proposed to be assessed against such
abutting property and the real and true owners thereof for sidewalks on
Old Robstown Road,within the limits above defined is $0.42 per square foot;
the estimated amount per front foot proposed to be assessed against each
abutting property, and the real and true owners thereof for construction
of said improvements, exclusive of paving on Old Robstown Road within the
limits above defined is $3.23 per front foot; the total estimated amount
of cost of said improvements on Old Robstown Road, within the limits
above defined, proposed to be assdased against the abutting property and
the real and true owners thereof for curbs and gutters is $7,626.52; the
total estimated amount of the cost of said improvements of Old Robstown
Road, within the limits above defined, proposed to be assessed against
the abutting property and the real and true owners thereof for sidewalks
is $9,770.41; the total estimated amount of the cost of said improvements
of Old Robstosn Road, within the limits above defined, proposed to be
assessed against the abutting property and the real and true owners thereof
is $17,398.93; the total estimated amount of cost of said improvements of
Old Robstown Road, within the limits above defined, proposed to be paid
by Nueces County is $30,000.00; and the total estimated amount of the cost
of said improvements on Old Robstown Road, within the limits above defined,
proposed to be paid by the City of Corpus Christi is $39,139.78; and
WHEREAS, according to said written statement of said Director
of Public Works, the names of the apparent owners of said abutting property
and the number of front feet owned by each, the description of thair property,
the amount proposed to be assessed against each abutting property and the
real and true owners thereof and other matters contained in said statements
are as follows, to -wit:
iliEfi�MINAiiL -PAVIN ASSESSMENT. • x
,IQWTCWN,,H lilt from 'ArNES STRFrar T&tf�tlii&� 80GD
t",, 'Nvement 1'�= 8P•CaUdhe'-Base� 2• ILnt At�,t;al'+;� ,Tra e' J.?�.�ellin� Iaoa CoatractorY�
.' µ.. -. ngers-
C ICoatraofDate
40 ft: 'fanw nf r"Tr'K + fgqc.e -of _c¢ b Ft. Roadway".
•_
"Cuzb�cost peirlineal, foot 1�,•K5 Nome Paving rate per front foot
1° ->
;a� Sidewalk ,cost per sgc'foot• 042 1:68 R Sidewalk rate gez front foot '.
h•', " . ,.,c z. ;Y Property -Owner
., . <.. -
< Name of Addition-
_
Block
Number
Lt
Number
Property
Frontage
+ Pavin
Cost
_Sidewalk
Lin. Ft.
,Sidewalk
' Cost
Cu 6&Gutt:
Lin: Ft. ='
Curti ''&
Gutter Cost
, - Total
q Amount
V". ":(W)
J.C.Russ®1 Farm B1
'_ V
]AO
84.
141.12'
46 y
='71.30
• "212.11
r".'B.,'Frank•'in',Rlat Jr. (W)
s
19
1474
!
147.9
-24847
147.9
'929.25
'477:7:
RW
:.S:E'LL,
DRIVE
,F `Guarauty'Tit7:e- & Trust • (W)''
'Olen
N•
19
_
'43.58
43.5,8
73.21
-43.5
67.55
:,:14007
-
Royal"
2
20., -
42.•0 7
42.07
70.68
42.0
65.21
135.8
_
V" -I C
:,T,.O'R•Y.:
`A -$:I,V
E•
: .;:- O'
"
3' •
- 4 T8,•,
71:51
k
71.51,
120.14
71.
776;84
230.91
Brorin - ' , 5 (w).
"
3 -
T',
68:61+
r°
68;6
71:5►32
64
:10419
221.7:
L;I'. ^
''D -R_`�,I V
_
E_'
Ml
: "- £']L
,99:84
99.84
.• 167,73
99.8
154.75
322o41
ji ^.
F�11 "ILre3c3 1, ,.(W),
R#j'Krejki'Tract,•
S-0.
--
;A• %'E T'
--
D•R'-I
;,1 -: -
140
235.20
140
217.00
452.2(
r Derxard- A:- stBpnel1ne ;(➢P),
2.14.97
274.97
214.9
'333'.20
'694.3;
_,E_
_
-`s
_361.15'
h <<• , -f',. -
K ,
J C' I
L:A° N, E
'�f
y
R�qr Peterson x t, (W) ,-
Saget Rte.a`2';
1 ,
•8
7:96:68
l
796:68
330.42:
127;
]96.8 5
527.2;
o2in Kolloja' -: = -', (W)
•
T '
1
105:9: '
1050
177:91.
° 105,9
164.15
3429
•B'E'T D
R I E
Narveson- (W)
�a
s
2
i
131979
220.110
131.
203.34
423.71
;Hal; M;•Smitliers„ - (W)
!+
2
28'
133-21 33.
133.'21
223:79
133.
206.48
43042i
,
a:p 7 �jViilcs Dept,.:'Corpus Christi, Teaas
w=-•: Compiled Checked
Engt enng Division•
PRELIMINARY PAVING ASSESSMENT
QP ROBSTM ROAD, from AG S STREET TO TTEMNER ROAD
Pavement _ 8" Caliche Base, 211 Hot Asphaltic Surface
Contract Date
Curb cost per lineal foot 1.55
Sidewalk cost per sq. foot 0.112
- - 1
inn f+. 'face of curb to face of cu-h Ft.. Roadway
f
None Paving rate per front foot
1.68 Sidewalk rate per front foot
Property Owner
Name of Addition
Block
Number
Lot
Number
Property
Frontage
Paving
Cost
Sidewalk
Lin. Ft
Sidewalk
Cost
Curb&Gutter
Lin. Ft
Curb &
Gutter Cost
Total
Amount
BA
TLETT
DRIVE
Kinnie C. Williams (W)
Saxet ate. #2
8
1
156.32
156.32
262.62
156.3
242.30
504,92
Evangeline Garza (W)
Baldwin 3 Acre Tract
rract 4 &5
210
210
352.80
210
325.50
678,30 ,
M. Elizabeth Marion (W)
Tract 3
105
105
176.40
195
162,75
339.15
A. Dorsogna (W)
n
Tract 2
105
105
176.40
105
162.75
339.15
Magnolia Petroleum Co. (W)
"
Tract 1
171,55
92
154,56
88
136,110
290.96
TOTAIS
2,147.81
3,608.32
2,036-13
3,156.01
Public Works Dept., Corpus Christi, Texas
Engineering Division
Compiled Checked
7
], pRFT.TMTN&Ry PAVING ASSESSMENT
OLD ROBSTOWN B]AD from AGNES STREET TO UPRIVER ROAD
Pavement 8" CAIjehfg Baye,; 2" Rot Asphaltic Surface J M Dellinger, Inc. Contractor
Contract Date 40 ft face- of curb to face of curb Ft.. Roadway
Curb cost per lineal foot 1.55 None Paving rate per front foot
Sidewalk cost ner so. foot 0.L2 1.68 Sidewalk rate per front foot
Property Owner
Name of Addition
Block
Number
Lot
Number
Property
Frontage
Paving
Cost
Sidewalk
Lin. Ft
Sidewalk
Cost
Curb E+Guttar
Lin. FL
Curb &
Gutter Cost
Total
Amount
Tex -Max R. R. (E)
Hillcrest ]Ac.Trac
"
s
13
100
102.9
84
102.9
141.72
172.87
46
102.9
71-
159,5
212,42
332.31
( )
(E)
"
12 & 11
222.58
222,5
373693
222#5
345,
718,93
G. E. Miller
tt
10
69,34
69.3
116.49
69.3
107.4
223.91
Pulliam (E)
e
8 & 9
151.
151.
254637
151.
234.6
489,0E
W. T.
H. C. Starnes (E)
"
7 & Part
of 6
95.20
95.
159.94
95.
147.5
307.5E
Nora & H. C. Griffin (E)
"
part of 6
79.99
79.9
101
134.38
169.68
79.
101
123,98
156.5
258,3!
326.2:
G.E.,H.R.& Ethel Naylor(E)
(E)
"
"
5
4
101
114.74
114.7
192.76
114.,7
173 *85
370&6:
J. M. Nogueria
(E)
"
3
136.29
136.
228.97
136.
211,2
440.2
Eva N. Guererro
(E)
"
2 B
150
15o
252.00,
150
232.50
484.5(
Roger Q. Mills
N0. N
Y_L0R_
CIR
LE
G.E.,H.R.& Ethel Naylor(E)
"
1 & 2 A
273.93
273.9
20
460,33
273.9
20
424.59
31•
88497'
64.6
" " " " (E)
Snodgrass -30 Acre
act
A
1
20
77.66
77.
33.60
130,47
77.
120-37
250.8
G. E. Naylor _ (E)
(E)
Bluebonnet Court
"
A
2
77966
77.
130.47
77•
120.37
250,8
J. B. Goode
B
L U E B O
N E T
D R I V
E
(E)
"
B
2
77.66
77.6
130,47
77-61
120*37
250 #8
C. T. Huffman
(E)
"
B
1
77.66
77.
130,47
77&0
12D-37
2500
L. B. Meade
C. C. Ind. School Dist.(E)
"
401,7
674.96
401.7
622-73
1,297,6
K E N W
O D
DRIVE
W. A. Bretton & J.L.Peake(
Hilltop Terrace
1
1
127
60,
127
57
213.36
95.76
213.3
95.4
W. C. Stanford (E)
(E)
"
!'
1
1
2
3
60
57
95.76
95.1
R. G. Stawn
Public Works Dept., Corpus Christi, Texas Compiled Checked
F.rtaineerincr Division
PRELIMINARY PAVING ASSESSMENT
OLD ROBSTOWN ROAD from AGNES STREET TO UPRIVER ROAD
Pavement 8" Caliche Base,, 2" Hot Asphaltic Surface J M Dellinger, Inc. - Contractor
Contract Date
Curb cost'per lineal foot 1.
Sidewalk cost per sq. foot 0,
40 Ft face of curb to face o£ curb Ft.. Roadway
None Paving rate per front foot
1.68 1 Sidewalk rate per front foot
Property Owner
Name of Addition
Block
Number
Lot
Number
Property
Frontage
Paving
Cost
Sidewalk
Lin. Ft.
Sidewalk
Cost
Curb&Gutter
Lin. Ft
Curb &
Gutter Cost
Total
Amount
J. T. Messer (E)
Hilltop Terrace
1
4
60
60
100.80
10008(
D. D. Berry (E)
"
1
5
60,
48
80.64
804
A. Be Priour (E)
"
1
6
60
57
95.76
95.7E
R. H. Turner (E)
"
1
7
60
47
78.96
78.9E
R. V. Oakley (E)
"
1
8
60
57
95.76
95.7E
C. E. Stockton (E)
TM
1
9
45
35
58.80
58.8C
W. A. Thomas (E)
°
2
1
50
62
104.16
104.1E
H. A. Gibson (E)
"
2
2
60,
56
94.08
94.0E
E. E. & M. P. Elkins (E)
"
2
3
74.42
74.42
125.03
125.0;
J. L. Shelton (E)
L.A.Barnett's Subd.
2
T.
113.9
113.9
191.35
113.9
176.55
367.9(
C 0
0 N I A 1
C OU
a T
Mrs. G. W. Green (E)
"
1
1
113.9
113.9
191.35
113.9
176.55
367.9(
A. Cofas (E)
Barr - Keeler Subd.
art of 6
50
50
84.00
50
77,.50
161.5(
Morris Liedeker (E)
"
art of 6
100
100;
168.00
100
155.00'
323.0(
Mrs. Bertha Liedeker (E)
"
Part of 6
150
150
252.00
150
232.50
484.5(
M. Liedeker (E1]
1!
Part of 6
52.9
52.9
88.87
5269
82.00
170.81
Humble Oil & Rfg.Co. (E)
'!
Part of 6
100
36
60.48
29
44.95
105.4:
TOTAL EAST SIDE
3,667.9
6,162.09
2,885.48
4,472o!,3.
TOTAL WEST SIDE
2,147-813,608o32
2 0 6.1
1 6.
1
PROPERTY OtiMRS TOrAL
, 1 ..7
9,770.
,721.1
7, 62 T.-!;2
17,3;
COST TO CITY OF CORPUS
CHRISTI AS PROPERTY
OWNER
None
Cost to all. other Pro
rty Oluners
17,.398.93
Amount to be Paid by
ces County
30,000.00
Total Cost to City of
orpus Christi for Paving
39,139.78
and Drainage
Total Cost-of Project
Public Works Dept., Corpus Christi, Texas
Engineering Division
Compiled Checked
November IA„ 1950
TO: THE MUCH AND CITY COUNCIL
FROM: H. H. STIRMAN, DIRECTOR OF PJBLiC WCRBS
Herewith is submitted ownership rolls, showing the names of apparent prop-
erty owners of the abutting property on Old Robstown Road from the north
boundary line of Agnes Street to the south boundary line of Upriver Road,
showing the number of front feet owned by each, the description of their
property, and the amount proposed to be assessed against each abutting
property and the real and true owners thereof. Only the cost of curb: and
gutter and sidewalk abutting the property is assessed against each abutting
property.
Total estimated cost of whole improvement
to be made.
Estimated amount per front foot proposed
to be assessed against each abutting prop-
erty and the real and true owner thereof,—
for curb and gutter.
Estimated amount per square foot proposed
to be assessed against each abutting prop-
erty and the real and true owner thereof,
for sidewa7ka.
Estimated amount per front foot proposed
to be assessed against each abutting prop-
erty and the real and true owner thereof,
for curb and gutter and 4' wide sidewalk.
Total estimated amount to be assessed
against property owners for cub and getter.
Total estimate amount to be assessed against
property owners for sidewalk.
Total Amount to be assessed.
Amount to be contributed by Nmeces County.
Total amount to be paid by the City of
Corpus Christi. 39,139.78
H. H. Stirman
Director of Public Works
$86,538.71
1.55
0.42
3.23
7,628.52
9,770.41
17„998.93
30,000.00
Approved
City Manager
NOW, THEREFORE, BE IT MUINED BY THE CITY ODUNCIL OF THE CITY
OF CORPUS CHRISTI; TEXAS:
SECTION 1. That the written statement and report of the Director
of Public Works heretofore filed with the City Council, showing the esti— _ g
mated total cost of the whole improvement of said Old Robstown Road, within '
the limits above defined; the estimated total cost per front foot proposed to
be assessed against each abutting property and the real and true owner
thereof, for curb and gutter; the estimated total cost per square foot
proposed to be assessed against each property and the real and true owners
thereof, for sidewalks; the estimated total cost per front foot proposed to
be assessed against each abutting property and the real and true owner
thereof, for curb, gutter and 41 wide sidewalk; estimated total amount of
the cost of said improvements on said street proposed to be assessed against
the abutting property and the real and true owners thereof; the estimated
total cost of special improvements on said street to be paid by the City of
Corpus Christi, Texas; the estimated total cost of said improvements on said
street to be paid from funds contributed by Nueces County; the names of the
apparent owners of the property abutting on said street within the limits above
defined, with the number of front feet owned by each and the description of
property and other matters relative thereto, having been received and examined
by the City Council, said report is hereby in all things approved and adopted.
SECTION 2. That it is hereby found and determined that the total
estimated cost of the whole improvement of Old Robstown Road, within the
limits above defined, is $86,538.71; the estimated amount per front foot
proposed to be assessed against each abutting property and the real and true
owners thereof for curbs and gutters on Old Robatown Road, within the limits
above defined is $1,55 per front foot; the estimated amount per square foot
proposed to be assessed against such abutting property and the real and true
owners thereof for sidewalks on Old Robstown Road, within the limits above
defined, is $0.42 per square foot; the estimated amount per front foot
proposed d to be assessed against each abutting" property, and the real and
true owners thereof for construction of said improvements', exclusive of
paving on Old Robstown Road within the limits above defined is $3.4 per
front foot; the total estimated amount of coat of said improvements on
Old Robstown Road, within the limits above defined, proposed to be assessed
against the abutting property and the real and true owners thereof for m rbs
and gutters is $7,628.52; the total estimated amount of the cost of said
improvements of Old Robstown Road, within the limits above defined, pro-
posed to be assessed against the abutting property and the real and true
owners thereof for sidewalks is $9,770.41; the total estimated amount of
the cost of said improvements of Old Robstown Road, within the limits above
defined, proposed to be assessed against the abutting property and the
real and true owners thereof is $17,398.93; the total estimated amount of
cost of said improvements of Old Robstotim Road, within the limits above
defined, proposed to be paid by Nueces County is $30,000.00; and the total
estimated amount of the cost of said improvements on Old Robstoim Road,
within the limits above defined, proposed to be paid by the City of Corpus
Christi is $39,139.78.
SECTION 3. That a portion of the cost of said improvements shall
be paid and defrayed by the City of Corpus Christi, Texas, that a portion
of the cost of said improvements shall be paid and defrayed by funds to be
contributed by Nueces County, Texas, and that a portion of the cost of said
improvements shall be paid by and assessed against the property abutting
upon said street within the limits above defined, and against the real and
true owners thereof in accordance with, and in a 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 Vernon's Annotated Civil Statutes of
Texas, and that the total cost of said improvements shall be and are hereby
apportioned between said parties and shall be paid and defrayed as follows:
(a) The cost of constructing, reconstructing or repairing said
improvements within the area between and under rails, tracks, double tracks,
turnouts, and switches, and two feet on each side thereof, of W railway,
street railway or interurban, using, occupying or crossing such street or
portion thereof hereby ordered and approved, shall be paid by the respective
owners thereof and assessed against such railway, street railway, or
interurban, and its road bed, ties, rails, fixtures, rights and faanchises,
and the real and true owners thereof, in the manner provided by the terms of
the City Charter of the City of Corpus Christi, Texas, and by said Acts
of the 40th legislature of the State of Texas, (1927), above identified.
(b) The City of Corpus Christi shall pay the whole cost of
construction, reconstruction or repair of the curbs and sidewalks, within
the intersections of said street with other streets and alleys and shall
pay not less than one -tenth (1/10) of the total remaining cost of said
improvements on said street, exclusive of the cost of the curbs and side- ,
walks, in front of the respective properties abutting upon said street,
said costs being in the amounts as hereinabove set out in Section 2 hereof.
(c) The property abutting upon said street 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 same may be, of curbs and sidewalks in front of their respective proper-
ties, and shall pay all of the remaining cost of said improvements on the
street upon which they abut, exclusive of the amount thereof herein speci-
fied to be paid by any railway, street railway, or interurban, as set out
in Sub- section (a) above, and by the City of Corpus Christi as set out in
Sub - section (b) above, and inclusive of the costs of all incidentals and
appurtenances. However, such remaining costs to be assessed against and
paid by abutting property and the real and true owners thereof shall,not
in any case exceed nine- tenths (9/10) of the total costs of said improve-
ments on the street upon which they abut exclusive of the costs of curbs
and sidewalks, said coats being at the rate of, and in the amounts as
hereinabove eat out in Section 2 hereof.
The amounts payable by the abutting property and the real and true
owners thereof shall be assessed against such abutting property and the
real and true owners thereof, and shall constitute a first and prior lien
upon such abutting property and a Personal liability of the real and true
owners thereof, provided, however, that no amount shall be assessed against
such abutting property or the real and true owners thereof in excess of
the benefits to said property in the enhanced value thereof by reason of
said improvements on the street upon which it abuts, and that said cost
which may be as sassed against such property and its real and true owners
shall be in accordance with the FRONT FOOT RULE OR PLAN in proportion as
the frontage of such Property is to the frontage to be improved, provided
that, if it shall appear at the hearing on special benefits, hereinafter
provided for, that the application of such rule or plan will result in
inequality or injustice then such rule of apportionment shall be applied
as will in the judgment of the City Council produce substantial justice
and equality between respective parcels of property and the real and true
owners thereof, considering the special benefits in enhanced value to be
received and burdens imposed, all in accordance with and as provided for
in said City Charter and the 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 abut-
ting Property shall be paid and become payable in five (5) equal a nnual
installments, the first of which shall be due and payable twenty (20) days
after the date said improvements are completed and accepted by the said
City Council, and the remaining four (4) installments to be due and payable,
respectively, one (1), two (2), three (3), and four (4) years from and after
the date of such acceptance and bearing interest at the rate of five per
centum (5%) per annum from said date of acceptance, payable annually; pro-
vided, however, that the owners of said property shall have the privilege
of paying any one 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 payment of any such installments of principal or interest promptly as
as= matures, then at the option of the contractor or assigns the entire
amount of the assessment upon which such default is made shall be and become
due and payable together with reasonable Attorney's Fees and collection
costa, if incurred.
SECTION 4. That a hearing be given to the real and true owners
and all owning or claiming any interest in any property abutting upon said
portions of said street 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 City Hall of the City of Corpus Christi, Texas,
at 4 o'clock ?. M. on the 5th day of December, A. D. 1950, at
which time all persons, firms, corporations, or estates, owning or claiming
any such abutting property, or any interest therein, and their agents or
attorneys, or persons interested in said proceedings are notified to appear
and to be heard in person or by counsel and may offer evidence; and said
hearing shall be adjourned from day to day and from time to time and kept
open until all persons, evidence and protests have been duly heard; and the
City Secretary of the City of Corpus Christi, Texas, is hereby directed to
give notice of said hearing by publication in the CORPUS CHRISTI TIMES, the
official newspaper of the City of Corpus Christi, which is a newspaper of
general circulation in the City of Corpus Christi, Texas; and said notice
shall be published at least three times in said newpaper 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 description
of said abutting property as set out in said Director of Public Worksl report,
provided, however, that the said list of apparent owners and property des-
criptions so included in said Notice, shall merely be cumulative ofIand in
addition to the requirements of said notice as provided by the laws of
the State of Texas, and the Charter of the City of Corpus Christi, Texas,
and shall not in any manner be conclusive of the real and true owners or
of the correct descriptions of said abutting property nor limit said notice
to the properties described or to such apparent owners named therein, but
said notice shall nevertheless be directed to the real and true owners of
said abutting property, whether named or correctly named therein or not,
and to all others claiming, Owning, or interested in any manner in any of
said abutting property on said street within the limits above defined,
METION 5. That following each hearing as above provided, assess-
ments will be levied against said abutting property and the real and true
owners thereof for that portion of the cost of said improvements herein_
above determined to be payable by said abutting property and the real and
true owners thereof, and which assessments shall be a first and prior lion
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 Old Robstawn Road, within the limits above
defined has become an important thoroughfare and connects important thorough-
fares and the fact that the present condition of the street 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 introduction, 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 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 SO ORDAINED.
PASSED AND APPROVED this day of November, A. D. 1950,
A ST:
City Secretary
APPROVED AS TO LEGAL FORM:
City A t r y
L
ity oY Co s ChrietIi Taxaa
Corpus Christ , Texas
November , 1950
TO THE MQM8 OF THE CITY C) UNC IL
Corpus Christi, Texas
Gentlemen:
For the reasons set forth in the emergency clause of the fore-
going ordinance, a public emergency and imperative necessity exist for the
suspension of the Charter Rule or requirement that no ordinance or resolu-
tion 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 require-
ment and pass this ordinance finally on the date it is introduced, or at
the present meeting of the City Council,
Respectfully,
L
U City of Corpus Christi, Texas
The Charter rule was suspended by the following vote:
Leslie Wasserman
Jack DeForrest
Barney Cott
Sydney E. Herndon
n
George L. Lowman
The above ordinance was passed by the following vote:
Leslie Wasserman
Jack DeFOrrest
Barney Cott
(//u,�.`
Sydney E. Herndon
Owl
George L. Lowman��