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HomeMy WebLinkAbout02993 ORD - 02/13/1951�L AN ORDINANCE CLOSING THE HEARING GIVEN TO THE REAL. AND TRUE OWNERS OF PROPERTY ABUTTING UPON 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 AND PARK AVENUE EXTENSION FROM THE EAST BOUNDARY LINE OF CHAPARRAL STREET TO THE WEST BOUNDARY LINE OF EAST SHORELINE DRIVE, AND TO THE REAL AND TRUE OWNERS THEREOF, AS TO SPECIAL BENEFITS TO ACCRUE TO SAID PROPERTY AND THE REAL AND TRUE OWNERS THEREOF, BY VIRTUE OF THE IMPROVE- MENTS OF SAID STREETS WITHIN THE LIMITS DEFnM, AND AS TO ANY ERRORS, AND INVALIDTTIFS OR IRREGULARITIES IN ANY OF THE PROCEEDINGS OR CONTRACT THEREFOR, OVERRULING AND DENYING ALL PROTESTS AND OBJECTIONS OFFERED; FINDING AMID DETERMINING THAT EACH AND EVERY PARCEL OF PROPERTY ABUTTING UPON SAID STREETS WITHIN THE LIMITS DEFINED, WILL BE TECINUX BENEFIT-ED- AND ENHANCED IN VALUE IN EXCESS OF THE AMOUNT OF THE COST OF SAID IMPROMnTS PROPOSED TO BE MADE, AND AS HEREIN ASSESSED AGAINST SAID PROPERTIES ABUTTING UPON SAID WATER STREET (OCEAN DRIVE), BANC OCK AVENUE AND PARK AVENUE EXTENN ON, AND IEVYING AN ASSESSMENT FOR THE PAYMENT OF A PORTION OF THE COST OF IMPROVIEG SAID STREETS WITHIN SAID LIMITS, FIBIMX: A CHARGE AND LIEN AGAINST THE PROPERTY ABUTTII, UPON SAID STREETS AND THE REAL AND TRUE OWNER OR OWNERS THEREOF, PROVIDING FOR THE LSSUAMAE OF ASSIGNABLE CERTIFICATES UPON THE COMPLETION AND ACCEPTANCE OF SAID WORK, THE MANNER AND TIME OF PAYMENT AND PROVIDING THE MANNER AND METHOD OF COLLECTION OF SAID ASSESS- MENTS; AND DECIARING AN EMERGENCY. WHEREAS, the City Council of the City, of Corpus Christi, Texas, by duly enacted ordinance passed and approved on January 23, 1951, determined the necessity for and ordered the improvement of Water Street (Ocean Drive), Hancock Avenue and Park Avenue Extension within the limits hereinafter defined in the manner and according to the plans and specifications heretofore approved and adopted by the City Council therefor by Ordinance dated January 23, 1951, said portion 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 amid ordinance having been filed in the name of said City with the County Clark of Nueces County, Texas; and, WAFJEAS, said City Council of the City of Corpus Christi, Texas, after having advertised for and received bids on the construction of said improvements for the length of time and in the manner and form as required by the Charter of said City and the Laws of the State of Texas, and after having duly and regularly made appropriation of funds available for such purpose to - cover the estimated cost of said improvements to said City, all as provided by the Corpus Christi City Charter and by law, did award a contract for the construction of said improvements to Heldenfele Brothers, on its lowest and most advantageous bid and said contract has been heretofore duly executed by said City of Corpus Christi and Heldenfels Brothers, and is dated January 23, 1951, and the Perfonmae a Bond required by said contract has been properly furnished by 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, ` WHEREAS, the said City Council has caused the Director of Public Works to prepare and file estimates of the cost of such improvements and estimates of -the amount per front foot proposed to be assessed against the property abutting upon Water Street (Ocean Drive), Hancock Avenue and Park Avenue Extension, within the limits herein defined, to be improved, and the real and true osiers thereof, and said Director of Public Works has hereto- fore filed said estimates and a statement of'other matters relating thereto with said City Council, and same have been received, examined and approved Y by said City Council; and, WHEREAS, said City Council by duly enacted ordinance dated January 23, 1951, did determine the necessity of levying an assessment for that portion of the cost of constructing said improvements on Water Street (Ocean Drive), Hancock Avenue and Park Avenue Extension, within the limits herein defined, to be paid by the abutting property and the real and true owners thereof, and did order and set a hearing to be held at 4:00 o'clock P.M. on February 6th, 1951, in the Council Chamber of the City Hall of Corpus Christi, Texas, for the real ` and true owners of the property abutting upon said streets, within the limits above defined, and for all others owning or claiming any interest in, or other- wise interested in said property, or any of said matters as to the assessments and amounts to be assessed against each parcel of abutting property and the real and true owners or owner thereof, and as to the special benefits to accrue to said abutting property by virtue of said improvements, if any, or concerning any error, invalidity, irregularity or deficiency in any proceedings or contract, to appear and be heard in person or by counsel end offer evidence in reference to said matters; and said City Council did by said ordinance order and direct the City Secretary to give notice of said hearing to the real and i true owners of the property abutting upon said streets, within the limits defined, by publication in the Corpus Christi Times, the official newspaper of the City of Corpus Christi, a newspaper published in the City of Corpus Christi, Texas, of general circulation, said notice to be published in said newspaper at least three times prior to the date of said hearing, the first publication of which to be at least ten days prior thereto, all as provided for and in accordance with the provisions of said City Charter and of Chapter 106 of the Acts of the First Called Session of the 40th Legislature of the State of Texas, known and shown as Article 1105 -b of Vernon'a Annotated Civil Statutes of Texas; and, WHEMS, said City Council did further order and direct said City Secretary, in addition to said published notice as aforesaid, which was pro- vided to be valid and sufficient in itself, to include in said notice a list of the apparent owners of said abutting property as set out in said Director - of Public Works' written report, but providing that said list of apparent owners and the description of said properties, so included shall be merely cumulative of and in addition to the requirements of said notice as required by law and shall not be conclusive as to the real and true owners, or the descriptions of said abutting properties, nor limit said notice to such owners named, or the properties described, but that said notice shall nevertheless be directed to the real and true owner or owners of said abutting property, whether named or correctly named, or said property described, or correctly described therein or not; and, WREREAS, said notice as ordered and directed by said City Council and as required by said Acts and Charter of said City as above identified, was daly given by publication of same in the Corpus Christi Times, a news - paper published in the City of Corpus Christi, Texas, on January 24, 1951, January 31, 1951, and February 3, 1951, said notice so published having included therein a list of the names of the apparent owners as set out in said Director of Public Works' written report as directed in the aforesaid ordinance; and, WHEREAS, after due, regular and proper notice thereof, all as provided by law and the Charter of the City of Corpus Christi, said hearing of which notice was given, was opened and held on February 6, 1951, at 4:00 o'clock P.M. in the Council Chamber of the City Hall in the City of Corers Christi, Texas, in accordance with said ordinance and notice, at which time an opportunity was given to all said above mentioned persons, firms, corpora- tions and estates, their agents and attorneys, to be heard and to offer evi- dence as to all matters in accordance with said ordinance and notice, at which time the following appeared and offered the following testimony: of PUBLIC MMINC OIVM To TIM liM AND TRUE OWN= OF ALL PROPERTY ABU11MN9 UPON WATER STREET (OCEAM D.RM) EYT NSION FW.1 THE SOUTH BOMMART LINE OF FU91M-AVKM TO m MMR BoUma r Lim OF SUFORD, HANCOCK AVM x RDM THE :"MT BOUE- DMM LINE OF VATSR STREET (OCR DRIVE) TO THE LAST BOUNDARY OF- SECUND STREET, AND PARK AVENUE EXTENSION FRM THE EAST BOUNDARY LIl1*r, CF CHAPARRAL STREET TO THE .VEST BOUNDARY LIM& OF RAST SHORELM FOR FAVM ASSESSMENTS -At bald o +clock P.m. on February 6, 1451,,in the City Council Chamber at the City Hall in Corpus Christi, Texas The Hearing was opened with City Sscretary C. IT. Tatters being called upon to describe the purpose of the hearing, which he did as followat "This hearing was called for the purpose of giving to the real and true owners, whether named corrsetly or IIets of ProPsrtY abutting upon Water :Street (ocean Drive) Extension from the South boundary line of Furman Avvnus to the North boundary line of Buford Street, Hancock Avenue from the I4bst Boundaxg.line of Satar Street (Ocean Driver) 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 Sharelics.in the MY of -Corpus Christi,. Texas, and of any' railways, street railways and interurbans using" occupying or crossing acid streets or azW Portion thereof, and to all Ming or c24Sm- ing W such abutting Property,, or such railwaym, street fiailways or iaterutans, or any interest therein, and to all interested in aay of the proceedings, contracts, or matters related to the improving of such streets and assessmat of costs therefor." The Director of Public 'c'ork's H. A. Stirman was called upon to ax. plain the improvements, which he did sa follows: HR. STYMt qbe improvements are to be put dorm on the Extension of mater Street, at one time known as Ba ies Avenue, between the Units of Furman Avenue and Buford Street; on Hancock Avenue from 'fat•r Street &%tension to Second Oebus and Park Avenue from Chaparral Street to East Shoreline. . This 'pavem nt is 6 inch compacted 'eabiche base - 2 inch Hot Asphalt concrete surface, improvements are to be a"essed against the abutting property owners. In receiving bids for this project, sidewalks were includsd,.but'were.iater stricken and were not-included in the con- tract nor assessed against the property own6rs. 'The cost of the Curbs is 80� per lineal foot' which is, half of the 'bid price of 91460 for curbs and gutters. The abutting property owners pay for the curbs and 1/3 of the paving casts and the gutters am included in the 1/3 portion d the paving cost and figured in arriving at the assessmeat.s Ur; Stirman introduced the plans and speoifications for exednation. MI. OtUM D. `COX (appearing in behalf of the Board of Trustsms for the Givic Center ind tho Episcopal Church)t °What we are interested in Is the extension of Park Avenue, bat I %hink,it is the propel' order of procedure, that you will want to go ahead with your ttlatiwrq.e'mr. Cox was told that it was aUlght for hiss to present his witnesses first, but he gave way to the calling of witnesses for the City. Im. FW QUAIL was called andtestified that he was acquainted with the area and improvemente is gxestion." That he is in the real estate business and knows the value and condition of property in tha said areas, being in the real estate business "25 years or more. That aCCh improvements wM benefit the property, way' in excess of this Cost of the improvementa. That be is famailiar with other inatances where improvements have been made and that they definite y benefit tbs property abutting. That he understood vhat the assessed coat. in and understands the improvements being wade and knotty the presea value of the property. air, Quails started that he thought that there was an objeCtion'to the assessment to the Civic Centers, but that it does not oaks any differentia as to 'shat use the property* is being put in figuring tics value of the improvements .to the property. WL C©U "Im reference to the Civic Center property-s, that is a little different from situations where imprct'esents are placed in front of the property". I think it ought to be Called to your attention that the Civic Center ptoporty is nom in a corporation in the support of bsnm- volent activities. It chore not belong to the Episcopal Church, but is - a separate benevolent organization. Hack in 1937, the corporation was organised for-the purpose of supporting and maintaining an auditorium to provide recreation facilities and a meeting place for 'Civic, rel gnus and other organizations and the general publials,use. it was deeded from the Corpus Christi Parish to this corporations, one of its original founders was the fovmr Mapr Maughon, and it 'is not subject to trans•- fer, where there is no particular benevolent purposii involved in such liquidation. It is such like Guth Park. &W proceeds or profit which night result from the orals of the property, if it could be soles,. €e army purpose than that for which it is now being needs, mould not benefit any individual or group of individuals. IR. QULW: There are two asps that you can look at its (1) Does it benefit the property immediately as it now stands and is used. (2) Does it give any benefit to the City of Corpus Christi, it will, I " think, , have a direct effect. S thick that it is in the same Posi- tion as an auditorium. Um City could troll afford to pay the costs. It will,beawever�provide parking facilitiesa' and as wall clean up the p%vMimw# which look like a general dumping'ground. The front of the Civic Canter'being,vn. Upper Broadsay, With the extension of Park Avenue, this front Will be Mom accessible. M&. COXs That will only be so, will. it not, from desntown. Rout have free access to the Water Street Entrance now. Let ms ask you also: this increase of market values --or the possible increase of market value what would happen to this if the property'is so tied up that it can not be taken advantage of? MR. OUAM; The value of the increase is •still there, you just couldn't take advantage of it MR. Cols There is no market value now existing atnd it will. still not addt after improvements are put dose. MS. SnIGES: Whom is the deed to the Civic Center to? ML COX: Deed is to the corporation. If&. SINGER: in fee simple? M&. COX: r do not have deed here. Mt4- SIM M Thera are no restrictions, are there, on the dispowl- tion, but on the use of the proceeds from the sale? MR. Cole The title Was originally in the Episcopal Church, was deeded to the corporation. At the time it ww. deeded, it was found r< that the title rotas so elouded, that it was decided that it could not be convoyed out of the corporation. MR. SINGERt Either the Church or the Trustees or the corporation 11ave the Yee simple title to it„ MR. COX: I do not think so. If this corporation should ever be dissolved= I think the property would remain with the trustees to use or go bock to the Church. MR. SIMORt ,1ho appoints the trustees? MR. COY: The operations of the corporation is handled in this fashion. Back there, there was the need to borrow awe moaey, and in order for there to be a definite organization to liquidate the debt, this corporation was,organisad. The trustees are the same men as those on the Vestry, of the Episcopal Church. Each years every year, it takes donations to keep up the operation of the civic Canter. MR. 19 FnitiWTs Is there still, a debt? p :n, Y• : E.R. COL, Yes. No, it has, been paid. UR. t08. During the War, 'You win rseen the use of the Civic Center in•regard•to the Uavat perObnM03 — recreation for the boys. It Is available to' the general public. IM- ,W®SST:13Ut It is not eutire3,Y the property of the Episcopal Church then. IM. 0010 By no means. CM, To MR. QUgUr Doutt you think'that the grade which is going to be used in the proposed extension of Park . will ciestroy'mv possible benefit to the Civic Center or parking facilities? ga. QUAXW: It is not good. 'M- 91WtR'T4 MR. 002e The Vestry of the Episcopal Church are the trustees: MR. Cogs ?es. Mx. SnMRO They are elected by the hpincopal Church, I=, cots res• HR. SIUGERt The Civic Center is assessed for approximately 176 feet at the cost of 3920.10. (in answer to a question from a member of the Council) MR. VASSGR Mt Would not we be setting a precedent to pay the cost in this instance. Can it be done. MR. SINGER: That is a matter for the Council to decide. UR* QUAMI I would like to voice my objection as to the way it is laid out. You are going to have a bottleneck here as one now exists on Shoreline. (dater Street extension) MR. S.l' OIRt Would you cat off the property on Buford to alle- viate this condition? (Betraeen the end of Itater and 0cean,Drive; -.) MR. QUAIM Yes# and widen on the East side. M- SINGERt You would add to improvements by widening and cutting off East side of property on Buford marl Water# Do you mean to change your testimony as to the enbanceaeut of the values of the properties by the proposed improvements? M. QUAIfi6t Pic. &• R. E. CARTER. My property is at the corner of Hancock. I have an assessment of approx'imateap $1900. I have 75 feet on ocean Drive and 90 feet on Hancock. Would thO improvements benefit my property to that extent? Right at the time the improvements are made would it increase? You think that it would add ¢900 to the present value of ry property. What mauls the present value be? M• QUAIMI Yes. I would be glad to appraise Your property for you. EA WILLIAi14- Would benefit be equal on both sides of the streets in these improvements, as far as your obseraatdonwtella you. M. QUAnzt Yes. MR. COOPER was called and stated that he had'been in the real estate business for 26 years and in Corpus Christi for abrut 14 years. That he is familiar with the areas being Improved and the improvements, that he is acquainted with the value of the property facing on the said streets, and that the property' values would be increased with one exception --the Civic Center, which faces on two streets. It would benefit the property across from Civic Center more than it would bens- fit the Civic Center. Property on which a business or profitable organization could go in. I do not see how it could benefit the Civic Center. The City could make the owaers keep lot clean. FROM MUM OP AUDIENCE: The City owns the lot- MR. OOOPM I think it will benefit the rest of the property. I think I could answer Mr. Carterts q eation is this way: I do not tbink anyone would boy property in his area if they did not eonteWlate such improvements being made. IM. S:IMER: is your opinion based on present use and vith the understanding that it will continue to be used for such purpose? 33R. COOPER: Same thing vrould apply to it alto other property. MR. SINOERt It ought to be asseased then. MR. COOPER: It is fair to assess it. &M. ED WMIAM% You recognise that ownership does nd have anything to do with assessaent. ER. COS: Do you think the benefit would be uniform? The property on the north could be used for profitable purposes. It will., I am sure, be business property, which mill hurt the Civic Center. _,...,, „,.....,..,...a , - M* CitXI Don't You think that a lower trades might hell? 'Ct3(7L�BNs I have already stated that I do not think that it is to th® greater benefit of the private property owner as to tho general publio. . 3f, I'LLLWI You think thst the pavenont of this onsiment is not as'Mat aa_ 4tm raves, in the front, bsina on the side. MR. C0of'ER2 It sao= to MD that is the case. This rigltt�or. my is going to form a bottleneak viiiah is detrinental. KR- 31HOUt 1 understand you to nos say that nark Avon%,* Property will be enhanood in value at losat to tns cost of assess - mant, but that other property will be onhaaaod a great deal more. �?. COOPERI Yes. 1'u Bc1NMt tsas introduced end -testifiad that ho has be=-in the real estate business in Corpus Chricti.tor about 22 Years, and is familiar with tho Areas and the icsprosomonts as explained by Mr. Stirman, but that he did not got the coat of the avaessmanta per front foot. 7€R' BXNGEitt This cost per front toot on nark is about -40 front toot and 60y for the curb. On ftter, b. 3 and 60 e.• on &MOOk, 42.71 for paving and 90j( for Curbing, a, total of $3.51 Plus, Bearing those facts in mind, would you say that it is bsnOticlal to the property abutting for the fmpr*TO=Zts to be put loan. MR- S.RUR. Sep, but I think bare is a different application In the instance of t8c GIV'o Center., Z think that it bonerits the Water Street property In eras to the cost of the improvomottte, but it occurs to see that it bensfits tim public more than the property« MR. SIM29: You are 'taking into account the use beizu made of the property. Considering the property QnY, shat would yrni say. MAR.. DAM, It has to be tatmn into consideration. . 3ZYftsleBit but If you do not take it into oonsideratidn. MR. UM(M it would enhance the property, scram and I thiuk tmt the enhancement would be to the extent it is being assessed. But oo",idaring the use it is mare of a benefit to the general publio. I thinnk the traffic on these streets will be relieved by the 9aten- situ of Park Instead of increasing the harard, M. COX: Just one question. Mr. Singer askod you to consider the 'property without regard to tbo uso.. Whore you have a piece or property saved, as this property is now zoned, as A, -2, Second Apart- ment Souse District use, with a leaved street on the back side, with a grade on the aide street, would it enhance the prroperty to pave tiia sido strest. UP, MINAURc I think it gas old. MR. COB* Do you think it would so enhance the value as ruch set if it mas a through atroet. AM. COXt This paying mUI amuse the corner of Park And Broadway to have more traffic and be ,00ngdlatsed. I3. SiA i It will "an a greater outlet and reduce the hmsard. M ED WILLI,i}#Sc Does your statomeat as to tho value an side property have funeral application? I direct your attention to J&s. Steatart *s property on the corner of Buford and 'Rater. Bair property faces on Buford. Sn this part£oular instance the side street In later street. I#a you think Mrs. 8towart would got as great a boraafit as in the paving of street - which 'sho fronta. Would you estiesate tho di£ferenoe. per. TaAB)s a, You hove to consider Aaarp* things, but I do not thial= it is as great. MR. E1h W,rt3t+IQSt Do "foil think that tho 1J nefit -would bo greater if the csorner aatrass the street ,ass roaeoved to give easy asaoeai's to ,. ocean Drive. 3R. BA M* I think it =ld be greater. VA. iTLi,I,XWSt You have walks on both aideo. ,. Si>'IdeM These are no sidoaalks in this project. ,TI-4 e56 goat psving width is four 'feat 1889 than width Of paving as iYstor Street. - ii. 81 CRRe (to Mr. Cap) Are you prepared to say 'that this fee siMle title is such that it would be iWbssible to oozVeey the property, Would you furs lab 'us definite information gas to tbisr im. wbERfa ll. T think ho can obtain the intormatitan throush soaroli Weird. In any event, I know the proceeds could not be put to any otter use. . OVIM- qa It title, can be 'transferred would you say still some- adjustment should be made because of its present use? uR. CQXt The qrdsbUt use has to to teekea into consideration. While Mr. alilliazs says You cab not take tho rimer Ssita 'acnsidasertion. the SCaiutos uses the words °owaer" in references to assossmeart against air's, and benefit to owWrs. #t~'. &khart t018 me that in 19}x. tics Civic Center tried to transfer thin property beak to the Zp38GapaZ Church, and fowacl that it could not de so. " 1M. OMPIXr Suppose they violate tarns of the doed to than, It mould revert back to sormane. MR. CaKe It weight possibly go back to original owner. When the ssritah vMs made to the oporatIns corporation, Maroelles Vokh rdt could not mako up their mind as to what would happen if It was oo=ayed. -Title is confused and clouded, 12. 519uPA4 Is it your contention that there 7muld be no bonafit or lass. . C<M4 Wane. XR- CAhTERr Had there been away change in the grads in the 2Qth klook on this project, from three yeara ago when theso improvo� esn s were first propossd, t took out a pormit for sidewalks and put them doyen to the grade than figured on. htli. $IIMS. There have boon no major changes. MS. pSl71IGM It to m3 that instead of a hD foot wide pavement, that they should pnva tho .fall width of the Streatp It 'you put dew curbs in front of whore I live, it will mean that' the water wizen it rains will Plead qy Preut yard. M 3'£Th#,kA14► ?be curb grades will be so adjusted that the water which would ordinarily run into your yard would run nor the top of the curb into the gutter and into the nearest starry drain. 'rho curbs and gutters are especially dosiped to servo this purpose. There will be no depression. it is oustowrily dmw- 'to part in 4 40 foot street on a 60 foot right- o£-mW, thereby siioxin„ ton Peet on each side for utilities, sidarraiks, etc. 7dA* M#i33F.Stds Can you eliminate the curb? I intend to put' in an apartment house bore and *it would mwian brdaking thw curbing ont. Mao dTlib S& If it was ten Y`set ?ride, it would only, bd $8 if you had to break out som of the curbing. Ae I have explained to Mr. Sander graTioudiy, the curbing and gutters are fashioned in such S. ==-Or as to praTide an even dwm grade from. terracod ; kopsxty snrsh an hie. X-R. UUUMBc I would like to ass parmauent pawing put 'in. Ua . STIIt3 is This is the typo of paving being put dowA on highways which got a great deal, of trAvol. and bns soma advalLi4ges over the straight t concrete type of paring. MR. SMONNI£#s .Gaff long will it be before tbmy will want to out off a oomor and run this street Into Shoreline. I differ with Your Opinion on the p-aving, it has never .stood up. MR. STiSi8 Ut Righway engineers are recommending this typo of paving. MR?, was a Gall for any other persons vsho scanted to bu heard. and there being now. a motion was Made by Mr. Do Borrost, seconded by Vr. Lmw=, and voted that the hearing be clotted. There being no farther testimony offered nor any farther parties appearing to be heard, upon proper motion duly seconded and unanimously carried, the said hearing was declared closed; and, WHEREAS, no further parties appearing and no further testimony being offered as to the special benefits in relation to the enhanced value of said abutting property as compared to the cost of the improvement of said portion of said streets proposed to be assessed against said property, or as to any errors, invalidities or irregularities, in the proceedings or contracts hereto- fore had in reference to the improvements of said streets; WHMEaa, said City Council has heard evidence as to the special benefits and enhanced value to accrue to said abutting property, and the real and true owner or owners thereof, as compared with the cost of making said improvements on said streets, within the limits above defined, and has heard all parties appearing and offering testimony, together with all protests and objections relative to such matters and as to any errors, invalidities or irregularities in any of the proceedings and contracts for said improvements, and has given a full and fair hearing to all parties making or desiring to make any such protest, objection, or offer testimony, and has fully examined and considered all evidence, matters, objections and protests offered, and based upon said evidence, testimony and statements, said City Council finds that each and every parcel of property abutting upon Water Street (Ocean Drive), Hancock Avenue and Park Avenue Extension, within the limits to be improved as herein defined, will be enhanced in value and specially benefited by the construction of said improvements upon the said streets upon which said property abuts, in an amount in excess of the amount of the coats of said improvements pro- posed to be, and as hereinbelow, assessed against each and every said parcel of abutting property, and the real and true owner or owners thereof, and said City Council did consider and correct all errors, invalidities or deficiencies called to its attention and did find that all proceedings and contracts were proper and in accordance with the Charter of said City and the Laws of the State of Texas, under which these proceedings were being had, and the proceed - Inge of said City Council heretofore had with reference to each improvements, and in all respects to be valid and regular; and said City Council did further find upon said evidence that the assessments hereinbelow made and the charges v hereby declared against said abutting property on said Water Street (Ocean Drive), Hancock Avenue and Park Avenue Extension, and the real and true owner or owners thereof, are just and equitable and did adopt the rule of apportionment set forth below and the division of the costs of said improve- ments between said abutting properties, and the real and true owner or owners thereof, as just and equitable, and as producing substantial equality consider- ing the benefits to be received and the burdens imposed thereby, and that all objections and protests should be overruled and denied; NOW, THEHEFCSE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That there being no further protests or testimony for or against said improvements, said hearing granted to the real and true owners of abutting property on said streets, within the limits above defined, and to all persons, firms, corporations and estates owning or claiming same or any interest therein, be, and the same is hereby, closed and all protests and objections whether specifically mentioned or not, sball be, and the same are hereby, overruled and denied, in regard to the improvements on Water Street (Ocean Drive), Hancock Avenue and Park Avenue Extension, within the limits herein defined. SECTION 2. That said City Council hereby finds and determines upon the evidence heard in reference to each and every parcel of property abutting upon Water Street (Ocean Drive), Hancock Avenue and Park Avenue Extension, within the limits herein defined, that the special benefits in the enhanced value to accrue to said property and the real and true owner or owners thereof, by virtue of the construction of said improvements in said portions of said streets upon which said property abuts, will be in excess of the amount of the costs of said improvements as proposed to be, and as herein, assessed against said abutting property and the real and true owner or owners thereof, and finds that the apportionment of the costs of said improvements, and that the assessments hereinbelow made, are just and equitable and produce substantial equality, considering the benefits received and the burdens imposed thereby, and are in accordance with the laws of the State of Texas, and the Charter Provisions of the City of Corpus Christi, Texas, and that all proceedings and contracts heretofore had with reference to said improvements are in all respects regular, proper and valid, and that all prerequisites to the, fixing of the assessment liens against said abutting properties, as hereinafter described and the personal liability of the real and true owner or owners thereof, whether named or correctly named herein or not, have been in all things regularly had and performed in compliance with the law, charter provisions and proceedings of the said City Council. SECTION 3. That in pursuance of said ordinance, duly enacted, by said City Council, authorizing and ordering the improvement of Water Street (Ocean Drive), Hancock Avenue and Park Avenue Fateneion, within the limits herein defined, and in pursuance of said proceedings heretofore had and enacted by said City Council in reference to said improvements and by virtue of the powers vested in said City with respect to said street improvements by the laws of the State of Texas and the Charter of said City, with particular reference to Chapter 106 of the Acts of the First Called Session of the 40th Legislature of the State of Teas, known and shown as Article 1105 -b of Vernon's Annotated Civil Statutes of Texas, as amended, there!shall be, and is hereby levied, assessed and taxed against the respective parcels of property abutting upon said portion of said streets, and against the real and true owner or owners thereof, whether such real and true owner or owners be named or correctly named herein or not, the several sums of money hereinbelow mentioned and itemized opposite the description of the respective parcels of said property, the number of front feet of each and the several amounts assessed against same and the real and true owner or owners thereof, and the names of the apparent owners thereof, all as corrected and adjusted by said City Council, being as fbllows, to -wit: PAVING ASSESSMENT -WATwSmuter. (Dew URIS) (Ba VM) f-m FLIMO AVE= To HMRD OWL7 SHOT. 6" Cavacted Callebe Baz6 - 20 got AsPh. Cc�. StlrfSOO rnma-ris qWS Contractor Pavement 401 fikee Curb, to fac� of Curb J Ft.. Roadway Contract Date ,"Curb cost per lineal foot 0.80 6-.63396 Paving rate per front foot 1.60 -Sidewalk rate per front foot Property Ow- Name of Addition Block Number Lot Number Property Frontage Paving cost Sidewalk Lin. Ft. Sidewalk Cost C.,6J Lin. Ft. t7prtCl Cost Total Amount MST U.S. CMRCH FUNU 3- 6 5D.0 333.29 50.24 40.19 373.4 10 AWM rFD TO (0.00) (0.00 (0.0 3 5 51.58 342.2'3 U." 41.26 3#13" *&=-Cjrm 70 (000) . (0.00 (O.0 4 54.45 361922 54.45 43-56 404-1 0 Awwmmv. TO - (0.00) .(0.00 (O.0 Cif 1kC$ 3 3 59.78 396.58 59.78 47.82 444.4 15 AM 70 - (0.00) (0.00 (O.0 rbsT'.')L E.- cmileff 3 2 63.05 419.27 63.05 50.44 468. AM S rED 70 (0.00) (0.00 (O.0 fto 31. S. -CIMCH 3 1 52.30 346.96 52.30 42.04 389.f 11 AM$ FED TO (0.00 (0.00, (0.( 4& 2/ 1 E. camen SAY TZMAGE Of B 126.67 940.32 126,67' '101-34 941.4 S.213 IL Sams n or n 73.33 496.47 73.33 58-66 545-1 DAY v7 A a 122.67 a3.79 =.67 99.14 9120 *T aim, OF fimm 0 1 "D. mram 2 6 50.37 334.15 00 00 334.' AM TO (0.00) (Z .4Kblic Works Dept., Corpus Christi, Texas C . ontpiled Checked �qneering Division D) D 0) 0 0) . 6 3 !3 m_-- PAVING - ASSESSMENT ErMsm (Gcmo BRIM) (BAY VIEW) from pavqp4exxt Contractor Contract Date It.. Roadway Curti Purb qo# per lineal foot ;SMO ig per t foot -Pavtng rate Sidewalk cost persq.foot 1Si&W9k i6ti Doi 9�.i i I P.P.ty O� N Name of Addition, B Block L Lot ( Pm 'rt C Lin. C Cost (�ffl FJ)Ml it., EKWMZk ! Maw 2 2 5 5 5 52." 3 347." 5 52.421,.42.% -CADWI * '(0.00) 1 I - - 1-0114m? i i I A 9=13 a. acculka " 2 ' "(0-00Y " " C COM)" - -2 ' , MAWU M M 2. ( (6-MY5 1 P P0% : : M. A W : :.6.%, ( 37744, 1 1 ' I -0 3 Public, Works Dept., Corpus Christi, Texas Compiled'" PAVING ASSESSMENT from Cfu1}'A@aM bYfiB(SY ,TO -B= Sfi 11 D9E f_tay a�v=TE 6" a � + a° Hot 5a. Sgat 1 Ei0 u as Pavement Contractor 'a is rtno ,,Contract Date 56' f°m to facet of Curb Ft.. Roadway :: i =oo diuJ¢f,Curb cost per lineal foot 8'�@i718 (�_ u &mod_ 4.40359) Paving rate per front foot `Sidewalk cost per sq. foot 1'� Sidewalk rate per front foot { _ i Property Owner Name of Addition Block Number Lot Number Property Frontage Paving Cost Sidewalk Lin. Ft Sidewalk Cost Curb Lin. Ft. ���yy Cost Total Amount :`.;'.•. DAVE Z6II'M PAW 14t OT zkl Au To 194.57 1371. 1856: 144.57 15i. 1,869.27 + ) (1,oz2.46D IIXPIi TkB1D '� fi1A TS. I ST 213.20 Z 9t-T 1 6W 6S, 2±3.20 170.56 2,049.25 ADJUI = TD ° 1938: '.tea ,c .? CITY.OP A7T3�IIS_CSiIS3I VEST 3DOaB1,1111 348.0 310fa4. DR S 348.0 2778.40 3,343.30 $AST SHORELIfil D R I V Z 57R= "C: -C. C"Elfrry Go= 9 176.82 1 557. - -- 176•:02 341.46 184699.75 iez AWU! TO . 778. itAT9, STRIAT- 1 <zl' CABDI NE I�11'1R28 ul w 233.20 3677: 213.20 170.56 2,=.25 . ADJt 2C! 1938. D {1,109.40) f WPST SHORELZN DR E I CITY OF C1�Fn38 Ciitz9^iT 348.0 3,1164. 348.0 ZM.40 3,343.30 9,it2T 9110 It - LIR. - DRI r 8 T 0 T AL 3,493.79 4493.79 13,156.00 ,195. 340351.12 !lAn 413 C3TI Ok' COfti'QS C1>IIiSTT PRDPffiiT3 ADJ#f YCl + (9,642.9 (10,8,37.96) a •' < Ig ADOM I 6,486.60 4� ST- TO ALL OTMR FROPERTY C 4,151.36 ST TO CIT7: VOR, FAV3NMT ' '' YAIITICIPBlIOR i 10,899.110 tk F a 2,4 i+ ,?36.96 TtYlAL C:7ST i0 C OF CM I, - 4117 5'85.60 oW;.niidri ;- ipibiiaLPldiksDept , '0Cozpns,CYxikti,1Teaas p` m ' ,,F aineering`eDivision '',l,r .•y _ - - • , - a - {�C�ompiled Ch`eCk' . - "�l�i�4'�i97.' flee. 2L' xe&..°•.•}< fMA ,�r„J.m..e. +iLu�3adni.1..: �•r — _ - i%..iia'.WJiedr "' --kx' ^ 431SriYL". NuB�tliii lLYiY�`S.Sax.n_;.i�5e, i_',�,a. aiA.sA+$ti.7�ivLt i f � t los -ifroTontractDate dstrma ar 19, 1951 cost per lineal foot 0.80 oo d - luVCurb {# kif�wcaw BAY TERRACE L4,0 Sidewalk cost per sq. foot BAY - TERRACE Property Owner Name of Addition Number t S. SIDE OF STREET 5-11456 COST TO P.7399 Paving rate per front foot 2 CITY OF CORPUS CNRIS9'I AS { RAM E. CARTER BAY TERRACE 1 A COST TO Sidewalk Cost ADJ rt TJ fie: :.i ELLA B. CARTER BAY TERRACE 1 s Lx1� N. SIDE OF STREET ild�4 ± Public Works Dept., Corpus Christi, Texas ? a_ Engineering Division PAVING ASSESSMENT from WATER STREET EXTENSION TO SECOND STREET :• Surface FPTAF.NFET.S C. J. ROMM BAY TERRACE gC' CITY -OF C. C. (ALLEY) BAY TERRACE L4,0 JAMS ROSSI BAY - TERRACE Curb Ft.. Roadway ED TO — (461 ) 5-11456 COST TO P.7399 Paving rate per front foot 2 CITY OF CORPUS CNRIS9'I AS 22.6 Sidewalk rate per front foot A PROPERTY Ol4NER. — — — — _ 140.68 f4: T %,'A COST TO Sidewalk Cost �rrr» A ALL OTMM PROPERTY OWNERS— 1,325.04 lr COST TO . 488. (2"13) 66x-. sting c (330.91 +ea 'T?,A4 CITY OF CORPUS OP IfSTI FOR 90 , 122 16 PAVEMENT PARTICIPATION — — 21993.63 { .Y ' w' i TOTAL COST OF PAVING — — — $4,459.35 ild�4 ± Public Works Dept., Corpus Christi, Texas ? a_ Engineering Division PAVING ASSESSMENT from WATER STREET EXTENSION TO SECOND STREET :• Surface FPTAF.NFET.S RROTNFBS Contractor 92241 170 136.00 301 Face to Face of Curb Ft.. Roadway ED TO — (461 ) 5-11456 (Adj,tated +n P.7399 Paving rate per front foot 2 1-60 22.6 Sidewalk rate per front foot Lot Number Property Frontage Paving Cost Sidewalk Lin. Ft Sidewalk Cost Cu,6 £+ Lin. FL Curb S Ca H- Cost Total Amount 11 To - 12 d been i TO = 90 122 of el 488. (2"13) 66x-. sting c (330.91 ). 15.52 90 , 122 16 72.00 97. 12.80 560,,,21 (316 -17.) 759.40 (343. 0) 2 a 1 170 92241 170 136.00 1,058.18 ADJIl ED TO — (461 ) (597x09) 2 22.6 122.6c 22.6 18.08 140.68 2 11 19.4 lo5-21 19.4 15.52 120,,76 ADJUSTED TO — (52.6) (68.14) 424.0 2,300-02 424.0 339.20 2,639.23 T 0 7 A L Corrected total because of exist g curb 31B-0 254.40 2,55443 ADJU ED TOTAL (1,088.7) 1,465 -72) Compiled G N Il. Checked i SECTION 4. HE IT FURTHER ORDAINED: That in the event the actual frontage of any property herein assessed shall be found upon the completion of said improvements to be greater or less than the number of feet herein - above stated, the assessments herein made against any: such property and against the real and true owner or owners thereof shall be, and the aame are hereby declared, to be increased or decreased, as the case may be, in the proportion which said excess or deficiency of frontage sball bear to the whole number of front feet of property actually improved in accordance with the front foot rate of assessment herein adopted, it being the intention that each parcel of property and the real and true owner or owners thereof, abutting upon Water Street (Ocean Drive), Hancock Avenue and Park Avenue Extension, within the limits above defined, shall pay for said improvements under the "FRONT FOOT RULE OR PIAN," which rule or plan is hereby found and determined to be just and equitable and to produce a substantial equality, having in view the special benefits to be received and the burdens imposed thereby; and it is further ordained that upon final completion and acceptance of said improvements on Water Street (Ocean Drive), Hancock Avenue and Park Avenue Extension, all certificates hereinafter provided for, issued to evidence said assessments against all parcels of property abutting upon Water Street (Ocean Drive), Hancock Avenue and Park Avenue Extension, and the real and true owner or owners thereof, shall be issued in accordance with, and shall evidence the actual frontage of said property and the actual cost of said improvements, the amount named in said certificate in no case to exceed the amount herein assessed against such property unless such increase be caused by an excess of front footage over the amount hereinabove stated, such actual cost and such actual number of front feet, if different from.that hereinabove shown in Section 3 hereof, to be determined by the Director of Public Works upon completion of said work on Water Street (Ocean Drive), Hancock Avenue and Park Avenue Extension, and the finding of said Director of Public Works shall be final and binding upon all parties concerned. SECTION 5. That the several sums mentioned above in Section 3 hereof assessed against said parcels of property abutting on Water Street (Ocean Drive), Hancock Avenue and Park Avenue Extension, and the real and true owner or owners thereof, whether named or correctly named herein or not, subject to the *' provisions of Section 4 hereof, together with interest thereon at the rate of five (5 %) percent per annum with reasonable attorney's fees and all costs and expense of collection, if incurred, are hereby declared to be and made a first and prior lien upon the respective parcels of property, against which same are assessed from and after the date said improvements were ordered by said City Council, to -wit: January 23, 1951, and a personal liability and charge against the real and true owner or owners thereof, whether or not such owner or owners be named or correctly named herein, and that said lien shall be and constitute the first and prior enforcible claim against the property assessed and shall be a first and paramount lien superior to all other liens, claims or titles, except for lawful ad valorem taxes; and that the sums so assessed shall be payable as follows, to -wit: in five (5) equal annual installments, the first of which will be payable on or before twenty (20) days after the completion of said improve- ments in the street upon which the respective property abuts, and acceptance thereof by the said City Council, the four (4) remaining installments to be due and payable, respectively, one (1), two (2), three (3) and four (4) years from and after said date of acceptance, deferred payments to bear interest from said date of acceptance at the rate of five (5 %) percent per annum, payable annually concurrently with each of said installments; past due installments of principal and interest to bear interest at the same rate per annum until paid; provided, however, that any owner of such property shall have the right to pay off the entire amount of any such assessment, or any installment thereof, before maturity by paying principal and accrued interest to date of said payment; and provided, further, that if default shall be made in the payment of any installment of principal or interest when due, then the entire amount of said assessment upon which such default is made, shall, at the option of Heldenfels Brothers, or its assigns, be, and become immediately clue and payable and shall be collectible, together with reasonable attorney's fees and all costs and expenses of collection if incurred. S CTICN 6. That the City of Corpus Christi shall not in any manner be liable for the payment of any sums hereby validly assessed against any abutting property, and the real and true owner or owners thereof, but Heldenfels Brothers shall look solely to such property, and the real and true owner or owners thereof, for the payment of the sums validly assessed against said respective parcels of property, but said City shall be obligated to fernish Heldenfels Brothers valid assessments and assessment certificates and shall exercise all of its lawful powers and aid in the enforcement and collection of said liens and assessments; and if default shall be made in the payment of any of said sums herein assessed against the said parcels of property, and the real and true owner or owners thereof, collection thereof shall be enforced, at the option of said Heldenfels Brothers, or.its assigns, either by suit in any court having jurisdiction or by sale of the property assessed as nearly as possible in the manner as may be provided by law and charter in force in said City for the sale of property for the collection of ad valorem taxes, SECTION 7. That for the purpose of evidencing said assessments, the liens securing same and the several sums assessed against the said parcels of property and the real and true owner or owners thereof, and the time and terms of payment, and to aid in the enforcement thereof, assignable certificates shall be issued by the City of Corpus Christi, Texas, to Heldenfels Brothers, upon the completion of said improvements on said streets and acceptance thereof by said City Council, which certificates shall be executed by the Mayor in the name of the City, attested by the City Secretary with the corporate seal of said City, and which certificates shall declare the amounts of said assessments and times and texas thereof, the rate of interest thereon, the date of the completion and acceptance of the improvements for which the certificate is issued, and sballcontain the name of the apparent true owner or owners as accurately as possible, and the description of the property assessed by lot and block number, or front foot thereof, or such other description as may otherwise identify the same, and if the said property shall be owned by an estate or firm, then to so state the fact shall be sufficient, and no error or mistake in describing any such property or in giving the name of any owner or owners, or otherwise, shall in anywise invalidate or impair the assessment levied hereby or the certificate issued in evidence thereof. That the said certificates shall further provide substantially that if default shall be made in the payment of any installment of principal or interest when due, then at the option of Heldenfels Brothers, or its assigns, or the holder thereof, the whole of said assessment evidenced thereby shall at once become due and payable, and shall be collectible with reasonable,attomey ' a fees and all expenses and costs of collection, if incurred, and said certificates shall set forth and evidence the personal liability of the real and true owner or owners of such property, whether named or correctly named therein or not, and the lien upon such property, and that said lien is first and paramount thereon, superior to all other liens, titles and charges, except for lawful ad valorem taxes, from and after the date said improvements were ordered by said City Council, to -wit: January 23, 1951, and shall provide in effect that if default shall be made in the payment thereof, the same may be enforced, at the option of Heldenfels Brothers, or its assigns, by the sale of the property therein described in the manner provided for the collection of ad valorem taxes as above recited, or by suit in asps court having jurisdiction. That said certificate shall further recite in effect that all the proceedings with reference to making said improvements have been regularly had in compliance with the law and charter in force in said City and the pro- ceedings of the City Council of said City, and that all prerequisites to the fixing of the assessment lien against the property therein described, or attempted to be described, and the personal liability of the real and true owner or owners thereof, evidenced by such certificates, have been regularly done and performed, which recitals shall be evidence of all the matters and facts so recited and no further proof thereof shall be required in any court, That the said certificates may have coupons attached thereto in evidence of each or any of the several installments thereof, which may be signed with the facsimile signatures of the Mayor and City Secretary. That said certificates shall further provide in effect that the City of Corpus Christi, Texas, shall exercise all of its lawful powers, when re- quested so to do by the holder of said certificates, to aid in the enforcement and collection thereof, and said certificates may contain other and further recitals pertinent and appropriate thereto. It shall not be necessary that said certificates shall be in the exact form as above set forth, but the sub- stance and effect thereof absll suffice. OCTION S. That all such assessments levied are a personal liability and charge against the real and true owner or owners of the property described, or attempted to be described, notwithstanding such owner or owners may not be named or correctly named, and any irregularity in the name of the property ' owner, or the description of ary property or the amount of the assessment, or in any other matter or thing shall not in anywise invalidate or impair any assessment levied hereby or any certificate issued, and such mistake, or error, invalidity or irregularity whether in such assessment or in the certificate issued in evidence thereof, may be, but is not required to be, to be enforcible, corrected at any time by the City Council of the City of Corpus Christi, Texas. Further, that the omission of said improvements in front of any particular parcel of property abutting upon Water Street (Ocean Drive), Hancock Avenue and Paris Avenue Extension, which is exempt from the lien of said assessment, shall in nowise affect or impair the validity of assessments against the other parcels of property abutting upon said streets; and that the total amounts assessed against the respective parcels of property abutting upon said streets, within the limits herein defined, and the real and true owner or owners thereof, are the same as, or less than, the estimates of said assessments prepared by the Director of Public Works and approved and adopted by said City Council and are in accordance with the proceedings of the said City Council relative to said improvements and assessments therefor, and with the terms, powers and provisions of said Chapter 106 of the Acts of the First Called Session of the 40th Legislature of the State of Texas, known as Article 1105 -b of Vernon's Annotated Civil Statutes of Texas and the Charter of the City of Corpus Christi, Texas, under which terms, powers and provisions said proceedings, said improve- ments and assessments were had and made by said City Council. SECTION 9. The fact that there is badly needed at this time permanent street improvements on Water Street (Ocean Drive), Hancock Avenue and Park Avenue Extension, within the limits hereinbefore defined, and the further fact that the present condition of said portions of Water Street (Ocean Drive), Hancock Avenue and Park Avenue Extension is dangerous to the health and public welfare of the inhabitants of the City of Corpus Christi, due to the conditions and increase of traffic along said portions of said streets creates a public emergency and public imperative necessity requiring the sus- pension of the Charter Rule that no ordinance or resolution shall be passed finally on the date it is introduced and that such ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor having declared that such public emergency and imperative necessity exist, and having requested that such Charter Rule be suspended, and that this ordinance be passed finally on the date of its introduction and take effect and be in fall force and effect from and after its passage, IT IS ACCCRDINGLY SO ORDAINED. PASSED AND APPROVED this 1a day of February, A. D. 1951, A City Secretary APPROVED AS TO LEGAL FaM City Attorney V j 'WXCR C� City of Co is Christi, Texas Corpus Christi, Texas February Lc�?, 1951 TO THE MUMMS of THE CITY COUNCIL 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 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, The above ordinance was passed by the following vote: Leslie Wasserman Jack DeForrest Barney Cott Sydney E. Herndon George L. Lawman Ag93 Li MAY D • t r City of Corpus Christi, Texas The Charter rule was suspended by the'following vote: Leslie Wasserman +V Jack DeForrest Harney Cott Sydney E. Herndon George L. Lawman — B The above ordinance was passed by the following vote: Leslie Wasserman Jack DeForrest Barney Cott Sydney E. Herndon George L. Lawman Ag93