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Home My WebLink About02982 ORD - 01/23/1951AN ORDINANCE APPROVING AND ADOPTING THE DIRECTOR OF PUBLIC WORKS' WRITTEN STATIMM2 AIM REPORT OF THE ESTIMATES OF THE VARIOUS COSTS FOR THE IIiPROVEP,'ENT OF WATER STREET (OCEW DRIVE) EXTENSION FRB4 THE SOUTH BOUNDARY LINE OF FURI4LN AVE41E TO THE NO3TH BOUNDARY LINE OF BUFORD STREET, TPE lt,a OVENENT OF HANCOCK AVENUE FROI4 THE WEST BOUNDARY LIME OF WATER STREET (OCEAN DRIVE) TO THE EAST BOUNDARY LINE OF SECOND STREET AND THE IMPROKMIEUr OF PARK AVENUE EXTENSION FRa4 THE EAST BOUNDARY LINE OF CHAPARRAL STREET TO THE WEST BOUNDARY LINE OF EAST SHORELINE DRIVE, AND THE STATE 124TS OF THE NPIIES OF THE APPARENT aMM, DESCRIP- TIONS AND NTAMI OF FRONT FEET OF ABUTTING PROPERTY ON SAID STREETS WITHIN SAID LIKETS; DETERMZIM AND FIXING THE PORTION OF SAID COSTS, AND THE RATE THEREOF, TO BE PAID BY AIM ASSESSED kGAINST SAID ABUTTING PROPERTY, AND THE REAL AND TRUE 0[v MRS THEREOF, AND THE PMTIOI1 THEREOF TO BE PAID BY THE CITY OF CORPUS CHRISTI; AND DETMI INING THE NECESSITY OF LEVYIPG AN ASSESSIENT AGAINST SAID ABUT- TING PROPERTY, AIM THE REAL AIM TRUE OWNERS 1HP -MOF FOR THE PART OF SAID COST APPORTIONED TO THEI4; CRIERING AND SETTING A HEARING AT 4:00 O'CLOCK P.H. ON THE 6th D!S OF FEBRUARY, 1951, IN THE CITY COUNCIL CKkl=R OF THE CITY HALL OF CORPUS CHRISTI, TEXAS, AS THE TINE AND PLACE FOR A HEARING OF THE REAL AND TRUE CU E4S OF SAID ABUTTING PROPERTY, AND ALL OTHERS INTERESTED IN SAID PROPERTY OR IN SAID PROCEEDINGS CONCLTda G SAID ASSESSIMMS RID PROCEEDINGS DIRECTING THE CITY SECRETARY OF THE CITY OF CMPUS CHRISTI TO GIVE NOTICE OF SAID HEARINM AS REQUIRED BY THE LAWS OF THE STATE OF TEXAS AND THE CHARTER OF THE CITY OF CORPUS CHRISTI; AND FURTHER DIRME T MT SAID CITY SECRETARY, IN ADDITION TO THE CQITENTS OF THIS NOTICE OF SAID HEARINM AS REWIRED BY LAW, ;'RICH SHALL BE VALID AIM SUFFICIENT III ITSELF, TO MCLUDE THEREIN A LIST OF THE APPARENT OWNERS AND DESCRIPTIONS OF SAID ABUTTING PROPERTY AS SET OUT IN SAID REPORT OF THE DIRCTOR OF PUBLIC WORKS AND PROVIDING THAT SAID LIST OF APPARENT ONNERS SHALL NOT BE CONCLUSIVE OF SAID OIMER,SHIP AND SHALL NOT LIMIT SAID NOTICE TO SUCH O`I,NER.S NAIES OR THE PROPERTIES DESCRIBED, AND THE SAID NOTICE SHALL NEVERTHELESS HE DIRECTED TO THE REAL AND TRUE O.•RERS OF SAID ABUTTING PROPERTY, WHETHER. NAIIED OR QORRECTLY NAMED OR NOT; AIM DECIARINXN All MMIGECY. WHEREAS, the City Council of the City of Corpus Christi, Texas, heretofore on January 23, 1951, by duly enacted ordinance determined the necessity for, and ordered the improvement of Water Street (Ocean Drive), Hancock Avenue and Park Avenue, within the limits hereinbelow defined, said portions of said streets to be improved being as follows, to-wit: Water Street (Ocean Drive) extension from the South boundary line of Furman Avenue to the North boundary line of Buford Street. Hancock Avenue from the West boundary line of Water Street (Ocean Drive) to the East boundary line of Second Street. Park Avenue extension from the East boundary line of Chaparral Street to the West boundary line of East Shoreline Drive. 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,, WHEFEAS, on the 23rd day of January , A. D. 1951, and pursuant to the ordinance of January 23rd, A. D. 1951, after having adver- tised 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 said purpose to cover the estimated cost of said City of said improvements, all as provided by the Corpus Christi City Charter and by -laws, and the laws of the State of Texas, did award a contract for the construction of said improvements to Heldenfels Brothers, on its lowest and most advantageous bid, and said contract has been hereto- fore duly executed by said City o£ Corpus Christi, Texas, and Heldenfels Brothers, and is dated ' January 2� , 1951, and the Performance Mond required by said contract has been properly furnished and posted by said Heldenfels Brothers, 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 MEREAS, the said City Council has caused the Director of Public 'dorks 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 streets 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 Norks herein approved by said City Council, the total estimated cost of the whole improve,-ent of Water Street (Ocean Drive), within the limits above defined, is $14,032.97, the total estimated cost of the whole improvement of Hancock Avenue, within the limits above defined, is $4,459.34, and the total estimated cost of the whole improvement of Park Avenue Extension, within the limits above defined, is 621,736.96; the estimated amount per front foot proposed to be assessed against each abutting property and the real and true owners thereof for curbs on Water Street, (Ocean Drive), within the limits above defined, is $0.80 per lineal 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 curbs, on Water Street (Ocean Drive), within the limits above defined, is $6,633.96 per lineal foot; the total estimated amount per front foot proposed to be assessed against each abutting property and the real and true owners thereof on Water Street (Ocean Drive), within the limits above defined, is 07.43396 per lineal foot; the total estimated amount of the cost of said improvements on Water Street (Ocean Drive), within the limits above defined, proposed to be assessed against the abutting property and the real and true owners thereof is $4,383.07; the total estimated amount of the cost of said improvements on Water Street (Ocean Drive), within the limits above defined, proposed to be paid by the City of Corpus Christi, Texas, is $9,699.90; the estimated amount per front foot proposed to be assessed against each abutting property and the real and true ownera thereof, for curbs on Hancock Avenue, within the limits above defined, is W.80 per lineal foot; the estimated adjusted amount per front foot to be assessed against each abutting property and the real and true owners thereof for construction of said improvements, exclusive of curbs, on Hancock Avenue, within the limits above defined is $2,71228-; the total estimated adjusted amount per front foot proposed to be assessed against each abutting property and the real and true owners thereof, on Hancock Avenue, within the limits above defined is $3.51228- per lineal foot; the total estimated amount of the cost of said improvements on Hancock Avenue, within the limits above defined, proposed to be assessed against the abutting property and the real and true owners thereof, is ;$1,550.51; the total estimated amount of the cost of said improvements on Hancock Avenue, within the limits above defined, proposed to be paid by the City of Corpus Christi, Texas, is $2,908.8;; the estimated amount per front foot proposed to be assessed against each abutting property and the real and true rnmers thereof for curbs on Park Avenue Extension, within the limits above defined, is $0.80 per lineal foot; the estimated adjusted amount per front foot proposed to be assessed against each abutting property, and the real and. true m-ners thereof for construction of said improvements, exclusive of curbs, on Park Avenue. Extension, within the limits above defined, is $4.403.59 per lineal foot; the total estimated adjusted amount per front foot proposed to be assessed against each abutting property and the real and true ozmere thereof on Park Avenue Extension, within the limits above defined, is $5.20 per lineal foot; the total estimated amount of the cost of said improvements on Park Avenue Extension, within the limits above defined, proposed to be assessed against the abutting property and the real and true comers thereof, is :`?10,83%.96; the total estimated amount of the cost of said improvements on Park Avenue Extension, within the limits above defined, proposed to be paid by the City of Corpus Christi, Texas, is w10,899.00; and, MEREAS, 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 and other matters contained in said statement, are as follows, to —wit: 9 Property 0— 'PAVING ASSESSMENT' Block, -QNpTbcr 11RIM), (BAY ym)� from -FURMI-AVOM 10', Sidewalk Lin. Ft ,Sidewalks Cost Cu,61= Lin.: Ft b �Cost T.Ini Amount .',_'Pavemez# •—Contractor- J, i'§- Contract AbIoi Ft.. Roadway - Curb cost'per lineal foot-, 040, Paving rate per front foot Sidewalk cost per sq. Sidewalk -rate per front foot 9 Property 0— Name of Addition Block, -QNpTbcr Iot Nnnber ,Z�faviug Coat Sidewalk Lin. Ft ,Sidewalks Cost Cu,61= Lin.: Ft b �Cost T.Ini Amount J, "TZ 'CEMO 6, 40 49, - 37349 " 11676 Z it J, 1 34 `4 -26, 4 �('N'00' 0 4t (0 V" 468 ;-40m), '400 Z ""io ;oolr a fit 0 iky" Tzk= Of ;A� ;�3Z- 941 0", 2 B" 13JI,,F 545.*3 A ,4 �BAY Vhf: �'E .-79 122i67 9844 9U.93 Of" M-M, '1'2 50137; 0 0 3 3a Dept_, Corpus Christi, Texas SND' Checked Division Compiled _3 011 r __ V " - PAWING ASSESSMENT . 6 "'Qa�pe atie� "FCaliohi Hi4ef- �2!'y "Hrit 1snti:caeao.anTlaoo Pavement - • "t - Contract Date - Ciirb coat per linealifoot -I't µ _ ai•'. IilOTIiS@S Contractor 40t ?1rac�;CtiTb` �a fdoe of''CIIrb, u - Ft.. Roadway Paving, rate per front foot psi Sidewalk rate per front foot ' Properly Owner -, Name of Addition: -' • ' Block ° Nomber ' ,_Lot . -' - -: NLot `° Pr_operty` . - 1;r0irtage?' -- PavidB -, :- Cost ., r Sidewalk -Lin. Ft Tlcl=llt '_ "- Cost ' %' Cu , Liu.. Pt +_' r -�. a �dnE�oa Total Amount .347M = xsz 4z, ;,tU94• 3 iAl !€�8gC�T3RtL, ". •a- z:s :4 °f ; "5?:1:• `37/9 _5'i,19 7&5 f, 5, 4,2/5:7.'. (X X04 *; a "' ;z .rm,,z;` x;56;9 ;377 >54 <; U .91 • 45G53: 4z3:a _ I^ yy hF,' "-. ::- a . ;' : ] .r $ ^' _'5�s87`: '337.47 _ > 5Q' c '.q'+F70' ...,:r %- -' - �Y -•r 7ya ' nF �``` ''.-'ri -x sy t•....r .,ti• - - - 't+a, - .•y,Y:° +i'14. -- :.J« .�,�A�� .'i.° - - ._It+ _ �'�,t,'�ryi „W 'atn •. ,..;r[ ;60:00 557:5: NAB[iiSE1'!,3oS$PHI &ri10Wl Z ` . *.” :'✓ - Y..' `391 -70 ' :497 - - ,50!", " 4040 Q_ 46;bo' 5;6 .�54. Vim; 55 4_ r,a5 )�i'tlt' O:f;9TEQA$D' - '01 s; 99' _ 'T;135� 9Q6:o�j'' 9, •�}, :- .: - s'- - :,` . .. - - _ _. - _ -,:�y sF : "`• ;, - TOTa_gfstEti:z. to _ - _,.xa•• St=,- ,r.;,- 3,964;93' 418.34) `4,3ff3d - " =8T,- `T0-'CiT1:.OP `CORpAS: Gib s o iu ' •:'-3.- '_`• €.` AS' :PROPXM'61�i'' -`- 0,00 ", " -`: §sRbig 'am 1.0iI x o odae t r Vbk'TD,'4T rOTB& WPAM' f, _f=Wy' <<21- 2 i '?P�6•,. 8 )- 5 o�d',`8e; s_ *on a +H- - F11•X'0Vf8,SI,a '®� :+• .,l9is,!3698392i0.9Q9:70 ;- : T = Vu VIY 1 PL"d;' .AOP'SrLiDRATUCTIDBEGY!�C- UP S 'P,:=CIfF-1R 1O>5• ��t YC ` ` - `: 7-' ,. ''" 'j 14 . .+ ' 3- ' ' A aTS T'�kI,�Q.F. P t o1, _ - k = ,� rDeptq" , Corpus Christi, Texas Division Compiled '' Checked Contract Date % Curb cost per lineal foot Sidewalk cost per sq. foot "A PAVING ASSESSMENT from Property 0—or 4, Blk�4- blam�et'-- s Frontage I'Sd—alk Cost Lin. Ft Sid6lk '-C,! Cu,b= • CuTbT& Cost Total Amount W 14 "•' - 73 106 X ... ... 106'z� 84.80 .—M (372.3 4i 66 106, '-84.80 - 659�. 8 LIO I 37743 4 2 T •70 .136.00 1- O%':L * ;AD 7Q T 597A 0 TMMAOX 2 "'22 6'18 081- ' -W46 2 n " ]9«4 1105;24 7J9«4 15.52 12U7 AM_M ('5Z62Y n '2 3Q03;62 424qO 339*20- 2i639.i2 -TOTAL; 1;21131 (1 550;5 'T c='OF-'jcaaPUs'.,vFL3 ON t 0 or COMS a NMTAL'yCOST: PAYING, 3 Works Dep ' t.,'- Corpus Christi, Tex" erring! Division Compiled -9 Checked j PAVING ASSESSMENT a _ PARS AVENUE from C11 Pavement 6* Caatpacted`CaIiahe Base L 2eHot Asph: Cone_SarPace Contract Date Curb cost per lineal foot 0.80 t; ggis BRtI His Contractor _u,, Faw .- p Curb Ft.. Roadway 8;80718 (Adjusted to 4:40359) Paving rate per front foot 1.60' Sidewalk rate per front foot Pro Owns N Name of Addition Block L Lot P Property P Paving S Sidewalk S Sidewalk - -oZb GliYffi r C Curb - T Total R. anc OF STREET D10E ZWfiIG R RATITE TRACT - - - 194:57 1 1 719.. 1 194: 1 155: 1 1,869; `ADJUSTED . .. 8 856: ) ) ( (1;,012; WATE S STREET,' DAYS ZWEM " " 2 213.2D 1 1 877' 2 213: 2,048, ADUSTED ( (1109; W -EST S ' I OF CORPUS CIRISTI 3 3480 3 3;0¢: 3 348.0 ; / !3,343; EAST S SHORELINR D DR . .11 S. SIDE OF STREET- S. 0. COMMEINITY CENTER " " 1 176.82 1 1,6571 1 176:8 U Ul-.4 ' '1- 698; Public Works 1)ept., Uorpus unnsu, texas Engineering Division TOM 21,7 Compiled Checked January 19, 1951 TOs THE MAYOR AND CITY COUNCIL FROM: H. H. STIRMAH, DIRECTOR OF PUBLIC WORKS Herewith is submitted ownership rolls$ sharing the names of the apparent owners of abutting property on Water Street (Ocean Drive) from the south boundary line of Furman Avenue to the north boundary line of Buford Street; Hancock Avenue from the west boundary line of Water Street (Ocean Drive) to the cast boundary line of Second Street; and Park Avenue Extension from the east boundary, line of Chaparral Street to the west boundary line of East Shoreline Drive, shoving the number of front feet owned by each, the description of their property, and the amount proposed to be assessed'againat each abutting property and the real and tree owners thereofp also set out are the various estimates of costs and amounts of assessments. In preparing the assessments on the above mentioned streets adjustments were made in the front foot rate o_ paving on the streets where the improve>te as were parallel to the long aide of the tracts and on that portion of Water Street where the City as a right of way consideration agreed to assume all street improvements between the south boundary line of Furman Avenue and the north boundary line of Hancock Avenue, and which consideration is recorded in volume 212. page 185 Of the Deed Records of Naeccs County: WATER STREET (OCEAN DRIVE) Total estimated cost of whole improvement of Water Street (Ocean Drive) within the limits defined. iA,082.97 Estimated amount per front foot proposed to be assessed against each abutting property and tba real and true owner thereof for curba. 0.80 Estimated amount per front foot proposed to be assessed against each abetting property and the real and true owner thereof for construction of said improvements exclusive of curbs. 6.63396 Total estimated amount per front foot proposed to be assessed against each abutting property and real and true owner thereof. 7.43396 Total estimate amount to be assessed. 4,383.07 Total estimated amount to be paid by the City of Corpos Christi. 90699.90 HANCOCK AVENGE Total estimated cost of the whole improvement of Hancock Avenue within the limits defined* 4,459.34 Estimated amount per front foot proposed to be assessed against each abutting property and the real and true owner thereof, for curbs. 0.80 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 curbs. 5.42456 Estimated adjusted 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 curbs, 2.71228 Total estimated amount per front foot proposed to .. a be assessed against each abutting property and real and true owner thereof. 6.224% Total adjusted estimated amount per front foot proposed to be assessed against each abutting property and real and true owner thereof. _ 3.51228 Total estimated amount to be assessed. 1 1,550 -51 Total estimated mount to be paid by the City of Corpus Christi. 2,908.83 PARE AVEEGE EIT&GIOR Total estimated cost of whole improvement of Park Avenue Extension within the limits defined. $ 21,736.96 Estimated amount per front foot proposed to be assessed against each abutting property and the real and true owner thereof for curbs. 0.80 Estimated amount per front foot proposed to be assessed against each abutting property and the real and true ownor thereof for construction of said improvements exclusive of curbs. 8.80718 Estimate adjusted 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 curbs. 4.40359 Total estimated amount per front foot proposed to be assessed against each abutting property and real and true owners thereof. 9.60718 Total adjusted estimated amount per front foot pro- posed to be assessed against each abutting property and real and true owner thereof. 5.20 Total estimated amount to be assessed. $10,837.96 Total estimate amount to be paid by the City of Corpus Christi. 10,899.00 Respectfully sadkitted, H. a. Stirsan Director of Public Works Approved W. B. COLLIM CITE MMGER IM, THEREFORE, BE IT ORDAMED BY THE CITY COUNCIL OF THE C= 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 cost of the whole improvement of said Water Street (Ocean Drive), Hancock Avenue and Park Avenue Extension, with the limits above defined; the estimated amount per front foot poposed to be assessed against the abutting property and the real and true owners thereof on said streets for construction of curbs; the estimated amount per front foot to be assessed against the abutting property and the real and true owners thereof for said improvements, exclusive of curbs on said streets; the total estimated amount per front foot proposed to be assessed against said abutting property and the real and true owners thereof on said streets; the total estimated cost of special improve- ments on said streets to be paid by the City of Corpus Christi, Texas; the total estimated amount of the cost of said improvement on said streets pro- , posed 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 said streets within the limits above defined, with the number of front feet owned by each and the description of property and other utters 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 Water Street (Ocean Drive), within the limits above defined, is $14,082.97; the estimated amount per front foot to be assessed against each abutting property and the real and true owners thereof on lister Street (Ocean Drive), within the limits above defined, for curbs is $0.80 per lineal 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 curbs, on Sister Street (Ocean Drive), within the limits above defined, is $6.63396 per lineal foot; the total estimated amount per front foot proposed to be assessed against each abutting property and the real and true owners thereof on Water Street (Ocean Drive), within the limits above defined is $7.4-3396 per lineal foot; the total estimated amount of the cost of said improvements on Water Street (Ocean Drive), within the limits above defined, proposed to be assessed against the abutting property and the real and true owners thereof is 44,383.07; the total estimated amount of the cost of said improvements on Plater Street (Ocean Drive), within the limits above defined, proposed to be paid by the City of Corpus Christi, Texas, is $9,699.90. That it is hereby found and determined that the total estimated cost of the whole improvement of Hancock Avenue, within the limits above de- fined, is $4,459.34; the estimated amount per front foot proposed to be assessed against each abutting property and the real and true owners thereof on Hancock Avenue, within the limits above defined, for curbs is $0.80 per lineal foot; the estimated adjusted amount per front four proposed to be assessed against each abutting property and the real and true owners thereof for construction of said improvements, exclusive of curbs, on Hancock Avenue, ` within the limits above defined, is ;x2.71228 per lineal foot; that the total estimated adjusted amount per front foot proposed to be assessed against each abutting property and the real and true owners thereof on Hancock Avenue, with- in the limits defined, is $3.51228 per lineal foot, the total estimated amount of the cost of said improvements on Hancock Avenue, within the limits defined, proposed to be assessed against the abutting property and the real and true owners thereof is v1,550.51; the total estimated amount of the cost of said improvements on Eancook Avenue, within the limits defined, proposed to be paid by the City of Corpus Christi, Texas, is 02,908.83. That it is hereby found and determined that the total estimated cost of the whole improvement of Park Avenue Eytension,wi.thin the limits above defined, is $21,736.96; the estimated amount per front foot proposed to be assessed against each abutting property and the real and true owners thereof on Park Avenue Extension, within the limits defined, for curbs is 60.80 per lineal foot; the estimated adjusted 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 curbs, on Park Avenue Extension, within the limits defined, is $4.40359 per lineal foot, that the total estimated adjusted amount per front foot proposed to be assessed against each abutting property and the real and true owners thereof on Park Avenue Extension, within the limits defined, is $5.20 per lineal foot; the total estimated amount of the cost of said improvements on Park Avenue Extension, within the limits defined, proposed to be assessed against the abutting property and the real and true owners thereof is $10,837.96; the total estimated amount of the cost of said improvements on Park Avenue Extension, within the limits defined, proposed to be paid ly the City of Corpus•Christi, Texas, is $10,899.00. SECTION 3. That a portion of the costs of said improvements shall be paid and defrayed by the City of Corpus Christi, Texas, and that a portion of the cost of said improvements shall be paid by and assessed against the property abutting upon said streets within the limits above defined, and against the real and true owners thereof in accordance with, and in 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 any railway, street railway or interurban, using, occupying or crossing such streets or portion thereof hereby ordered and approved, shall be paid by the respective owners thereof and assessed against such railway, street railway, or inter- urban, and its road bed, ties„ rails, fixtures, rights and franchises, and the real and true owners thereof, in the manner provided by the terns of the City Charter of the City of Corpus hristi, 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 construc- tion, reconstruction or repair of the curbs, within the intersections of each of said streets with other streets and alleys and shall pay not less than one -tenth (1 /10) of the total remaining cost of said improvements on each of said streets, exclusive of the costs of the curbs, in front of the respective properties abutting upon said streets, said costs being the amounts as herein - above set out in Section 2 hereof. (c) The property abutting upon each of said streets 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 in front of their respective properties, and shall pay all ` of the remaining cost of said improvements on the street upon which they abut, exclusive of the amount thereof herein specified 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 improvements on the street upon which they abut exclusive of the costs of curbs, said costs being at the rate of, and in the amounts as hereinabove set 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 mwners 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 bene- fits to said property in the enhanced value thereof by reason of said im- > provements on the street upon which it abuts, and that said cost which may i be assessed against such property and its real and true owners shall be in accordance with the FSONT FOOT RULE OR PIAN 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 in- justice then such rule of apportionment shall be applied as will in the judgment of the City Council produce substantial justice and equality be- tween 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 becomes payable in five (5) equal annual in- stallments, 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, res- pectively, 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; provided, how- ever, that the owners of said property shall have the privilege of paying any one of, or all of, such installments at any time before mturity 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 such installments of principal or interest promptly as same mature, 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 costs, if incurred. SUCTION 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 por- ,ticns of said streets within the limits above defined, and to all others owning, claiming or interested in said property, or any of said matters as to the assessments and to the amount to be assessed against each parcel of property and the real and true owners thereof, and as to the special benefits to said property to be received from said improvements, if any, or concerning any error, invalidity, irregularity or deficiency in any proceedings or con- tract 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 in the City of Corpus Christi, Texas, ✓ � 6T+t at 4: DO o'clock P.M. on the 6th day of February, A. D., 1951, 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 CCIFUS CHRISTI TIIU;S, the official news- paper of the City of Corpus Christi, which is a newspaper of general circu- lation in the City of Corpus Christi, Texas; and said notice shall be.pub- lished 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 Chap- ter 106 of the Acts of the First Called Session of the 40th Legislature of the State of Texas, lmown 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 descriptions of said abutting property as set out in said Director o£ Public Works' report, provided, however, that the said list of apparent owne s 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 Teresa, 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 streets within the limits above defined. SECTION 5. That following such 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 hereinabove determined to be payable by said abutting property and the real and true owners thereof, and which assessments will 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 attempt- ing to nare any such owner or in describing any of said property shall in- validate any assessment or certificate issued in evidence thereof, but never- theless 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 b. The fact that there is no permanent street improve- ments on Water Street (Ocean Drive), Hancock. Avenue and Park Avenue &%tension, within the limits above defined and that such streets have become important thoroughfares and connect important thoroughfares and the fact that the present condition of the streets are 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 exists, and having requested that said Charter Rule be suspended, and that this Ordinance be passed finally on the date of its introduction, end that this ` Ordinance take effect and be in full force and effect from and after its pass- age, TP IS SO ORDAEZED. � 3r„( 'ip --/ PASSED AND APPROVED this 2: —day ' A.D., 1951. 14AYOR City of Corpus Christi, Texas SST: City Secretary APPROVED AS TO LEGAL FMI: City -Attdrney Corpus Christi, Texas January a-3_, 1951 TO THE MDIBERS OF THE CM COMICII. 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 suspen- sion of the Charter rile or requirement that no ordinance or resolution shall be passed finall;, on the date it is introduced, and that such ordinance or resolution shall be read at three meetings of the City Council; 1, 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 meet- ing of the City Council. Respectfully, MYOR City of Corpus Christi, Texas The Charter rule was suspended by the following vote: Leslie Wasserman - Jack DeForrest C Harney Cott /L ,L.Cut Sydney E. Herndon George L. Lowman °ring The above ordinance was passed by the folloY vote: Leslie Wasserman Jack DeForrest Harney Cott Sydney E. Herndon George L. Lowman 1_1�99a