HomeMy WebLinkAbout03324 ORD - 09/23/1952AN ORDINANCE
CLOSING THE HEARING GIVEN TO TEE REAL AND
•TRUE OWNERS OF PROPERTY ABUTTING UPON AYERS
STREET FROM THE NORTHEAST PROPERTY LINE OF
BALDWIN BOULEVARD TO THE SOUTHWEST PROPERTY
LINE OF NORTON STREET, 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 STREET, WITHIN THE LIMITS DEFINED,
AND AS TO ANY ERRORS AND INVALIDITIES OR IRREGU-
LARITIES IN ANY OF THE PROCEEDINGS OR CONTRACT
THEREFOR, OVERRULING AND DENYING ALL PROTESTS
AND OBJECTIONS OFFERED; FINDING AND DETERMINING
THAT EACH AND EVERY PARCEL OF PROPERTY ABUTTING
UPON SAID AYERS STREET, WITHIN THE LIMITS DEFINED,
WILL BE SPECIALLY BENEFITED AND ENHANCED IN VALUE
IN EXCESS OF THE AMOUNT OF THE COST OF SAID
IMPROVEMENTS PROPOSED TO BE MADE, AND AS HEREIN
ASSESSED AGAINST SAID PROPERTIES ABUTTING UPON
SAID AYERS STREET, AND, LEVYING AN ASSESSMENT FOR
THE PAYMENT OF A PORTION OF.THE COST OF IMPROVING
SAID AYERS STREET, WITHIN SAID LIMITS, FIXING A
CHARGE AND LIEN AGAINST THE PROPERTY ABUTTING
UPON SAID STREET AND THE REAL AND TRUE OWNER
OR OWNERS THEREOF, PROVIDING FOR THE ISSUANCE
OF ASSIGNABLE CERTIFICATES UPON THE COMPLETION
AND ACCEPTANCE OF SAID FORK, THE MANNER AND TIME
OF PAYMENT AND PROVIDING THE MANNER AND METHOD
OF COLLECTION OF SAID ASSESSMENTS; AND DECLARING
AN EMERGENCY,
WHEREAS, the City Council of the City of Corpus Christi, Texas,
by duly enacted ordinance passed and approved on August 12, 1952, deter-
mined the necessity for and ordered the improvement of Ayers Street, within
the limits hereinafter defined, in the manner and according to the plane
and specifications heretofore approved and adopted by the City Council
therefor by ordinance dated August 12, 1952, said portion of said street
to be improved being as follows, to -wits
Ayers Street from the Northeast property line of
Baldwin Boulevard to the Southwest property line of
Norton Street,
a duly executed notice of said ordinance having 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, 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 aV&Uable 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 J. M. Dellinger,
Inc. on its lowest and most advantageous bid and said contract has been
heretofore duly executed by said City of Corpus Christi and J. M. Dellinger,
Inc., and is dated August 12, 1952, and the Performance Barad required by
said contract has been properly furnished 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 cost of such improvements and
estimates of the amount per front foot proposed to be assessed against the
property abutting upon Ayers Street, within the limits herein defined, to
be improved, and the real and true owners thereof, and said Director of
Public Works has heretofore filed said estimates and a statement of other
matters relating thereto, with said City Council, and same have been received,
examined and approved by said City Council; and,
WHEREAS, said City Council, by duly enacted ordinence� dated
August 12, 1952, did determine the necessity of levying an assessment for
that portion of the cost of constructing said improvements on Ayers Street,
within the limits herein defined, 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 o =clock PaL , on September 9, 1952, in the Council Chamber of
the City Hall of Corpus Christi, Texas, for the real and true owners of
the property abutting upon said street, within the limits above defined,
and for all others owning or claiming any interest in, or otherwise
to
interested in said property, or any of said matters ae /the assessments
and amounts to be assessed against each parcel of abutting property and
the real and true owner or owners thereof, and as to the special benefits
to accrue'to said abutting property by virtue of said improvements, if any,
or concerning any error, invalidity, irregularity or deficiency in any
proceedings or contrast, to appear and be heard in person or by counsel
and offer evidence in reference to said matters; and said City Council
did by said ordinance order and direct the City Secretary to give notice
of said hearing to the real and true owners of the property abutting upon
said street, within the limits defined, by publication in the Corpus Christi
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 aeeordanee with the
provisions of said City Charter and of Chapter 106 of the Auto of the
First Called Session of the 40th Legislature of the State of Texas, known
and shown as Article 1105 —b, of 9ernonts Annotated Civil Statutes of Texas;
and
WHEREAS, said City Council did further order and direct said City
Secretary, in addition to said published notice as aforesaid, which was
provided to be valid and sufficient in itself, to, include in said notice a
list of the apparent owners of said abutting property as set oat in said
Director of Public Workst 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 sball not be conclusive as to the real and true
owners, or the descriptions of said abutting properties, nor limit said
notice to such owners named, or the properties described, but that said
notice shall nevertheless be directed to the real and true owner or owners
of said abutting property, whether named or correctly named, or said
property described, or correctly described therein or not; and,
WHEREAS, said notice as ordered and directed by said City Council,
and as required by said Acts end Charter of said City as above identified,
was duly given by publication of same in the Corpus Christi Times, a news-
paper published in the City of Corpus Christi, Texas, on August 20, 1952,
August 27, 1952 and September 3, 1952, said notice so published having
included therein a list of the names of the apparent owners as set out in
said Director of Public Workst written report as directed in the aforesaid
ordinanae; and,
WH$HEAS, after due, regular and proper notice thereof, all as
provided by law and the Charter of the City of Corpus Christi, said hear.
ing of which notice was given, was opened and held on September 9, 1952, at
4800 otclock P.M, in the Council Chamber of the City Hall in the City of
Corpus Christi; Texas, in accordance with said ordnance and notice, at
which time an opportunity was given to all said above mentioned persona,
firms, corporations and estates, their agents and attorneys, to be heard
and to offer evidence as to all matters in accordance with said ordinance
and notice, at which time the following appeared and offered the following
testimony:
0
TRANSCRIPT
OF
PUBLIC HEARING GIVEN THE REAL AND
TRUE OWNERS OF ALL PROPERTY ABUTTING
AYERS STREET FROM THE NORTHEAST PRDPER-
TY LINE OF BALDWIN BOULEVARD TO THE
SOUTHWEST LINE OF NORTON STREET, IN
THE CITY OF CORPUS CHRISTI, TEXAS,, OR
OTHER INTERESTED PARTIES, REGARDING
PROPOSED ASSESS14ENTS TD BE LEVIED FOR
PAVING, CURBS AND GUTTERS ALONG AND UP-
ON SAID STREET IN CORPUS CHRISTI, TEXAS
HELD BEFORE THE CITY
C017 11. OF THE -CITY OF
CORPUS CHRISTI IN THE
CITY COUbiC I L CHAMBER
OF THE CITY HALL ON
SEPTEMBER 9, A.D. 1952
MAYOR PRO TEN JACK DEFORREST OPENED THE PUBLIC HEARING ON THE MATTER
OF AYERS STREET IMPROVEMENTS AND ASSESSMENTS, AND THE MEETING WAS TURNED OVER
TO 1. M. SINGER, CITY ATTORNEY:
MR. SINGER: THIS MEETING 13 TO CONSIDER THE IMPROVEMENT OF AYERS
STREET FROM THE NORTHEAST PROPERTY LINE Of BALDWIN BOULEVARD TO THE SOUTHWEST
PROPERTY LINE OF NORTON STREET. MR. STIRMAN, WILL YOU PLEASE DESCRIBE THE PRO-
JECT:
MR. STIRMAN (H. H. STIRMAN, DIRECTOR OF PUBLIC WORKS) THIS PROJECT
CONSISTS OF THE IMPROVEMENT OF AYERS STREET WITHIN THE LIMITS JUST OUTLINED AND
THE PLANS CALL FOR A 56 FOOT WIDTH PERMANENT PAVING FACE OF CURB TO FACE OF CURB.
THE EXISTING PAVEMENT IS NOW OF A WIDTH OF 18 FEET, ALL OF WHICH WILL BE USED EX-
CEPT APPROXIMATELY 600 FEET ON THE SOUTH END NEAR NORTON STREET. THE PAVING WILL
CONSIST OF 14 1/2" ASPHALTIC CONCRETE BASE WITH 1 1/2" ASPHALTIC CONCRETE WEARING
SURFACE FROM CURB TO CURB WITH STANDARD CONCRETE CURBS AND GUTTERS, WITH CURBS
LAID DOWN WHERE NECESSARY. THE TOTAL COST OF THIS PROJECT 13 $144,082.92. THE
ESTIMATED AMOUNT TO BE ASSESSED FFOR CURBS AGAINST THE ABUTTING PROPERTY OWNERS
IS $0.75; THE ESTIMATED AMOUNT TO BE ASSESSED FOR PAVING IS $9.036782 THE TOTAL
COST BEING $9.778, ASSESSED ON FRONT FOOT BASIS FOR PAVING AND CURB AND GUTTER.
THE ASSESSMENTS ARE BASED ON A ONE -THIRD BEING PAID BY THE CITY AND THE OTHER
�j_ry• K.
TWO- THIRDS BEING ASSESSED AGAINST THE PROPERTY OWNERS. THIS PROJECT WAS PETITIONED
BY AYERS STREET PROPERTY OWNERS.
MR. SINGER: NOW WIDE IS THE PRESENT CONCRETE STRIPY THE IMPROVEMENTS DO
NOT INCLUDE SIDEWALKS?
MR. STIRMAN: EIGHTEEN FEET WIDE. NO.
MR, SINGER: ARE THERE ANY QUESTIONS FROM THE PERSONS PRESENT?
MR, DAVE COOVER, ATTORNEY: I REPRESENT MR. TRUMAN MCCORD AND MR. TRUMAN
MCCoR-D, TRUSTEE FOR MRS. EUNICE MCCORD SIMMS ... .......MR. STIRMAN, WHAT DID YOU SAY
THE BASE WAS TO BE? '
MR. STIRMAN: THE BASE WILL BE b 1 /2" ASPHALTIC CONCRETE PAVING...
Mft.•C00VER: THE TOTAL PAVING IS TO BE APPROXIMATELY 56 FEET?
MR. STIRMAN' YES.
MR. COOVER:- WHAT IS THE EXISTING RIGHT OF WAY FOR THE STREET?
MR, STIRMAN: SEVENTY OR EIGHTY FEET'. IT IS IN EXCESS OF FIFTY FEET.
MR. CODVERt YOU WILL THEN HAVE AN UNPAVED STRIP OF APPROXIMATELY 26
FEET AS IT EXTENDS TO THE PROPERTY LINE.
MR, STIRMAN: AS I SAID THE PAVEMENT WILL EXTEND FROM FACE OF CURB TO
FACE OF CURB.
MR. D. COOVER: DID YOU PREPARE THE PROPORTIONING OF THE COSTS AS PUBLISH-
ED IN THE NEWSPAPER?
MR. STIRMANt MY OFFICE DID.
MR. COOVERt DID THEY PROPORTION IT ON A LINEAL FOOT BASIS?
MR. STIRMAN: IT I$ THE OVER -ALL COST DIVIDED BY THE NUMBER OF FRONT FEET.
MR. COOVER: DOES THE RIGHT OF WAYS DOES IT AT ANY POINT NARROW ITSELF
DOWN TO FIFTY -SIX FEET?
MR. STIRMAN: I DON'T BELIEVE $0.
MR. COOVERt THEN THERE WILL BE AN UNPAVED AREA FROM THE PAVEMENT OR PRO-
POSED CURB LINE TO THE PROPERTY LINES.
MR. COOVER: HAVE YOU MADE ANY ADJUSTMENTS IN THAT TYPE OF SITUATION.
MR, STIRMAN: THERE HAVE BEEN NO ADJUSTMENTS MADE. THAT IS UP TO THE
£OUNCI L.
MR. COOVER; HAVE YOU MADE ANY ADJUSTMENTS FOR ANY EXISTING CURB LINES?
MR. STIRMAN: WE 00 NOT MAKE ADJUSTMENTS FOR CURBS EXISTING BEYOND THE
PROPOSED CURB LINE...
MR. COOVER: HOW DOES THE PAVING COST COMPARE WITH THE COSTS OF OTHER
STREETS?
., MR. STIRMAN: IT IS COMPRABLE TO THAT OF SIMILAR TYPE OF CONSTRUCTION.
MR. COOVER: HOW WIDE WAS ANTELOPE STREET AND WHAT WAS THE COST ASSESSED
AGAINST ABUTTING PROPERTY OWNERS?
MR. STIRMAN: THE COST WAS CLOSE TO $7, BUT THE WIDTH OF THE PAVEMENT WAS
38 OR $O FEET COMPARED TO THE FIFTY -SIX FEET HERE.
MR. COOVER: THERE IS NECESSITY FOR GREATER CHARGES?
MR. STIRMAN: ONLY ON THE NUMBER OFFSET BEING GREATER.(OF PAVING)
MR, CODVFR: I THINK THAT IS ALL.
MR, SINGER: IF THAT 18 ALL/ WILL MR. BAKER COME FORWARD.
MR. SINGER: WHAT IS YOUR NAME? 'MR, BAKERS MY NAME IS J.A.C.BAKER.
MR. SINGERS WHAT BUSINESS ARE YOU IN? MR. BAKERt I AM A REAL ESTATE MAN.
MR. SINGER: HOW LONG HAVE YOU LIVED IN CORPUS CHRISTI? MR. BAKERt I
HAVE BEEN IN CORPUS CHRISTI SINCE 1928.
MR. SINGER: ARE YOU ACQUAINTED WITH REAL ESTATE VALUES GENERALLY IN
CORPUS CHRISTI?
MR. BAKER: I AM ACQUAINTED WITH THE REAL ESTATE VALUES IN GENERAL IN
CORPUS CHRISTI AND 00 A GENERAL REAL ESTATE BUSINESS.
MR. SINGER: HOW MANY PEOPLE DO YOU HAVE WORKING IN YOUR OFFICE?
�I MR. BKIMt HAVE THREE SALESMEN WORKING IN AND OUT OF MY OFFICE.
MR. SINGER: ARE YOU ACQUAINTED WITH THE PROPERTY ABUTTING AVERS STREET?
MR. BAKER: YES.
MR. SINGERS HAVE YOU MADE AN INSPECTION OF THIS PROPERTY?
MR. BAKER: I MADE AN INSPECTION YESTERDAY.
MR. SINGER: ARE YOU FAMILIAR WITH REAL ESTATE VALUES IN THIS AREA?
MR. BAKER: YES.
MR. SINGER: DO YOU UNDERSTAND THE IMPROVEMENTS TO BE INSTALLED AS DESCRIB-
ED BY MR. STIRMAN?
MR. BAKER: YES.
MR. SINGER: DO YOU UNDERSTAND THE ASSESSMENTS?
MR. BAKER: I UNDERSTAND THAT $9.76 PER FRONT FOOT INCLUDING CURBS AND GUTTERS
IS TO BE CHARGED FOR THE SAME.
MR. SINGER: KEEPING IN MIND THE PRESENT USE OF SAID PROPERTY AND THE FUTURE
USES TO WHICH THEY MIGHT BE PUT, WHAT 15 YOUR OPINION OF THE ASSESSMENTS?
MR. BAKER: I AM OF THE OPINION THAT THE IMPROVEMENTS ENCHANCE THE VALUE
OF THE PROPERTY AT LEAST THE AMOUNT ASSESSED AND BONE OF THE PROPERTY WILL BE EN-
HANGED MORE THAN THAT AMOUNTS BUT ALL OF IT WILL BE ENHANCED TO SOME EXTENT IN EXCESS
OF SUCH ASSESSMENTS.
MR. COOVER: I WOULD LIKE TO ASK MR. BAKER SOME QUESTIONS: THE INSPECTION
YOU MADE YESTERDAY WAS IN THE COMPANY OF MR. STIRMAN, IN THE STATION WAGON FURNISHED
MR. STIRMAN BY THE CITY? -
MR. BAKER: I WAS IN THE COMPANY OF HUNT COLE, MR. STIRMAN AND MR. MCCAMPBELL.
MR. COOVER: DID YOU EXAMINE THE PROPOSED ASSESSMENT LIST?
MR. BAKER: YES, WE LOOKED IT OVER.
MR. COOVER: DID YOU DETERMINE THE USE MADE OF THE PROPERTY?
MR. BAKER: YES. WE DROVE ALONG AND SPENT ABOUT AN HOUR INSPECTING THE AREA
TO BE IMPROVED ALONG AVERS STREET.
MR. COOVER: DD YOU KNOW THE MCCORD PROPERTY?
MR. BAKER. I KNOW THAT THERE 15 SOME MORTION OF IT USED AS BUSINESS AND
INE REST FOR APARTMENTSj AND IT IS ZONED AS SUCH.
MR. COOVER: DID YOU EXAMINE EACH INDIVIDUAL LOT OF IT?
MR. BAKER: WE DID NOT STOP AND DETERMINE THE LOT LINES, BUT WE EXAMINED
THE PROPERTIES ALONG AYERS STREET.
MR. COOVERI ASSUMING PROPERTY TO BE RESIDENTIAL PROPERTY, IN VIEW OF
THE EXISTING PAVING AND THE PROPOSED PAVING SUCH PROPERTY BEING RESTRICTED TO USE
AND ZONED FOR RESIDENTAAL PURPOSES, ARE YOU OR ARE YOU NOT OF THE OPINION THAT SUCH
PROPERTY WILL BE ENHANCED IN VALUE?
MR. BAKERS I REALIZE THAT SOME OF THAT PROPERTY HAS APARTMENTS ON IT, BUT
MOST OF THE PROPERTY HAS BEEN ZONED FOR COMMERCIAL USES AND IT IS LIKELY THAT ALL OF
UNDER
IT WILL BE $0 ZONED, AND I THINK THAT/ANY TYPE OF ZONING THE ABUTTING PROPERTY WILL
BE ENHANCED IN VALUE.
MR. COOVER: RESIDENTIAL PROPERTY INCLUDED.
MR, BAKER: YES.
MR. COOVERs ARE YOU FAMILIAR WITH THE RESTRICTIONS ON DAHLIA TERRACE?
MR, BAKER: WELLA I KNOW THAT IT IS ZONED FOR APARTMENTS,
MR. COOVER: ARE YOU FAMILIAR WITH THEM?
MR, BAKERS WELL, I DIDN'T HAVE A ZONING MAP, BUT...
MR. COOVER: WHEN YOU SAID THAT THE ABUTTING PROPERTY,WOULO BE ENHANCED
IN VALUE, WERE YOU LOOKING INTO THE FUTURE,ARE YOU LOOKING AT IT AS TO FUTURE USES,
OR PRESENT USE?
MR. BAKERS i DON'T THINK IT WOULD HAKE ANY DIFFERENCE AS TO WHAT USE THE
PROPERTY WERE PUT, PRESENT OR FUTURE, IT WOULD BE ENHANCED IN VALUE.
MR. COOVER: I WILLMAKE THIS SPECIFIC, IF THERE IS ANY OF THAT PROPERTY
ZONED FOR RESIDENTIAL USE AND NO MORE, WOULD IT BE ERBRNCED? ..WITH PERMANENT IMPROVEMENTS
MR. BAKER: THE PROPERTY IS ZONED FOR COMMERCIAL PURPOSES. ANY IMPORTANT
IMPROVEMENTS MIGHT CHANGE MY MIND, YES:
1:�'p??•;�y�. MR. COOVER: WHAT DO YOU CLASSIFY AS COMMERCIAL ZONING? �}
FIR. BAKER: PRIMARY BUSINESSES.
t
MR. COOVER: Avy PROPERTY DEDICATED FOR THE QUARTERING OF PEOPLE WOULD NOT
COME INTO THAT, WOULD IT?
MR. BAKER: WE ARE TALKING ABOUT ZONING.
MR. COOPER: AS A GENERAL RULE, QUALIFYING AS AN EXPERT, DOES HEAVY TRAFFIC
ENHANCE OR DEPRECIATE PROPERTY RESIDENTIALLY ZONED OR RESTRICTED PROPERTY.
MR. BAKER: IT SHOULD ENHANCE PROPERTY ZONED FOR APARTMENTS.
MR. COOPER: I AM SPEAKING OF RE51DENTAIL ZONING NOT APARTMENTS.
MR. BAKER: WHERE IT IS A MULTIPLE UNIT, IT WOULD BE ENHANCED.
MR. COOVERt NOW DO YOU DISTINGUISH BETWEEN SINGLE•FAMILY ZONOING AND
MULTIPLE ZONING?
MR. BAKER: SINGLE FAMILY ZONpING I THINK APPLIES TO HOME OWNERS OF LONG
STANDING.
MR. COWER: HOW DOES IT EFFECT THE VALUE OF THE IMPROVEMENTS?
MR. BAKER, OF COURSE THE CONVENIENCE OF THE INHABITANTS ESTALISNES THE
VALUE OF THE IMPROVEMENTS.
MR. COOPER: IN ONE INSTANCE YOU FEEL THAT THE VALUE IS ENHANCED AND THE
OTHER IT IS NOT.
MR. BAKER: WHERE MORE THAN ONE FAMILY LIVES IN A DWELLING, I AM SURE IT
;S.
MR. COOPER: IN THE MANAGEMENT OF THE PROPERTY, WHAT IS YOUR EXPERIENCE
IN KEEPING RESIDENTIAL PROPERTY ON MAIN THOROUGHFARES RENTED.
MR. BAKER: IT HAS NO EFFECT ON OCEAN DRIVE. ON STAPLES STREET, ON
LEOPARD STREET, ON OCEAN DRIVE, IT HAS NO EFFECT.... TENANTS CONE AND GO.
MR. COOVER: DO YOU HAVE ANY PARTICULAR REASON TO WHICH YOU CAN CONTRIBUTE
THAT TO?
MR. BAKER: AS I SAID PEOPLE WHO RENT 00 HOVE ABOUT.
MR. COOPER: ISN'T IT AN ACCEPTED REAL ESTATE FACT THAT PEOPLE WHO RENT
IN RESIDENTIAL AREAS ARE MORE PERMANENT. To WHAT EXTENT IS IT ATTRIBUTED TO TRAFFIC.
MR. BAKER: YES, THE PERMANENT TYPE.
MR. COOVERt ISN'T THAT WHAT A REAL ESTATE DEALER LOOKS FOR?
MR. BAKER: IN DAHLIA TERRACE, I KNOW THAT THE BACKS OF THE HOUSES ARE TO
AYERS STREET, THAT THEY WERE BUILT W'TH THAT IN MIND AND ARE QUITE A DISTANCE FROM
THE STREET.
MR. COOVER: YOU -MADE NJ EXAMINATION OF THE RECORDS OF RESTRICTIVE
CONVEYANCES ON THAT PROPERTY AT ALL.
MR. BAKER: No.
MR. GIVENS: (W. P. GIVENS, OWNER OF LOT 13, BLOna 3, SOUTHMORELAND)
I HAVE A PIECE OF PROPERTY 135 FEET ON AYERS STREET WHICH IS TO BE PAVED. I HAVE
NO OBJECTION TO THE PAVING, BUT ACROSS THE STREET I SEE THAT LA ARMADAS HAVE NOT
BEEN ASSESSED. THAT WOULD CUT THE PAVING COST DOWN. ARE WE PAYING FOR THEIR COST
OF THE PAVING.
MR. STIRMAN: I THOUGHT THAT L ARMADA WAS ON THE ASSESSMENT LIST. IT
SHOULD HAVE BEEN. THEY WILL BE ASSESSED. THE FACT THAT THEY ARE LEFT OFF WOULD
NOT AFFECT THE PROPORTIONATE ASSESSMENTS AGAINST OTHER PROPERTY OWNERS, AS THE PRO-
JECT IS FIGURED ON TOTAL FRONT FEET AND COST TO BE ASSESSED IS FOUND BY DIVIDING
THE TOTAL COST BY THE NUMBER OF FRONT FEET. EACH OWNER WOULD ONLY BE ASSESSED WITH
THE COST OF THE NUMBER OF FRONT FEET OF PRJPERTY ABUTTING THE IMPROVEMENTS.
r 1
MR. GIVENS: WILL THEY MAKE ADJUSTMENTS FOR CURBS?
MR. STIRMAN: ANY WHERE THEY DO NOT COME UP TO THE H INCH GRADE THEY
WILL BE ASSESSED.
MR. GIVENS. AND WHAT ABOUT MY UTILITIES. ARE THEY PUT IN THERE NEW?
MR. STIRMAN: WE DO NOT PUT IN ANY UTILITY LINES. YOU WILL PUT THOSE IN.
MR. GIVENS: i MEAN FROM THE PROPERTY LINE TO THE SUILDING3.
MR. STIRMAN: YOU WILL PUT THOSE IN. IF THERE ARE ANY IN THE STREETS
WE WOULD DO So.
MR. GIVENS: CAN I GET ANOTHER GAS MAIN THERE.
MR. STIRMAN: IF YOU PAY FOR IT.
MR. GIVENS: IF WE HAVE ONE THAT IS SATISFACTORY?
MR. STIRMAN: IF YOU WANT A REPLACEMENT YOU WILL HAVE TO PURCHASE ONE.
MR. GIVEN$I I AN ONE OF THE MANY THOUSAND THAT HAVE LOST CONFIDENCE IN
YOU PEOPLE, AND I JUST WANT TO MAKE SURE THAT WE ARE NOT TO PAY FOR THE COST TO THE
LA ARMADAS.
MR. STIRMAN: THE REASON THAT I SAY THEY ARE INCLUDED IS THAT BECAUSE
THEY NIGHT BE FIGURED BUT WE CAN EASILY LEAVE THEM OUT WITHOUT REDUCING THE COST
TO THE ABUTTING PROPERTY. THIS HEARING 13 TO BRING OUT SUCH ERRORS. _
MR. SHAEIWN SHAMOON, OWNER OF N 1/2 OF LOT 13 BLOCK 5, SOUTHMORELAND
LISTED E. H. SHAMOON): Y OWN A LOT IN THE 2900 BLOCK, 70 BY 100 FEET LONG. WMAT
IS THE ADJUSTMENTS ON THIS PROPERTY.
MR. STIRMAN: WE HAVE CALCULATED THE SAME ON THE NUMBER OF FRONT FEET.
THERE CAN BE ANY ADJUSTMENT MADE AT THIS HEARING.
MR. BAKER: AS I RECALL, THOSE LOTS ARE GENERALLY 50 FEET DEEP OFF AVERS
STREET AND IN MOST INSTANCE THAT PROPERTY IS ZONED ONLY 50 FEET BACK.
MR. STIRMAN: THEY 00 NOT HAVE ANY ACCESSIBILITY TO THE IMPROVEMENTS.
MR. SINGER: I THINK UNDER THE STATE PAYING LAYS, THE IMPROVEMENTS CAN
ONLY BE ASSESSED AGAINST PROPERTY FRONTING THE STREET.
MR. COOVER: ABUTTING.
FIR. STIRMAN: NONE OF THE COST CAN BE ASSESSED AGAINST PROPERTY THAT DOES
NOT ABUT THE IMPROVEMENTS.
MR. COOVER: IN REGARD TO THE CURBS IN FRONT OF BUSINESS PROPERTY.
WHAT IS YOUR OPINION (MR. BAKER) IN RESPECT TO THE CONSTRUCTION OF THE CURBS.
MR. BAKERt I THINK THE INDIVIDUAL CASE MIGHT ALTER THE FACTS SOME. I
THINK IN SOME CASES IT IS A SAFETY PRECAUTION. I THINK IN SOME IN ,ST ANCE$ IT NIGHT
BE DETRIMENTAL.
MR. COOVER: DID YOU EXAMINE ANY PARTICULAR PIECE OF THAT PROPERTY AS
IT IS ZONED FOR BUSINESS, AS IT RELATES TO CURBS IN FRONT OF THE PROPERTY. HOW
ABOUT CURBS IN FRONT OF THE T. P. MCCORD TRACT.
MR. BAKER: I KNOW THAT THERE IS A FILLING STATION ON THE END.
MR. COOVER: WHAT EFFECT WILL CURBS ... AT FILLING STATION?
MR. BAKER: DETRIMENTAL.
MR. COOVER: WHAT ABOUT OTHER LOTS.
MR. BAKERS WHEN THIS PROJECT IS COMPLETE YOU CAN BELIEVE IN THE BUSINESS
ENHANCEMENT FROM TRAFFIC ON THIS STREET.
MR.000VER: WHERE THE PROPERTY IS SEVERED FROM THE PROPERTY TO PAVED STREET.
MR. BAKER: THE CONDITION EXISTS NOW, DOESN'T IT?
!MR. STIRMAN: THE DITCH WILL BE ELIMINATED. THAT WILL BE A SERVICE DRIVE.
MR. STIRMAN: I WOULD LIKE TO MAKE A STATEMENT AS TO WHY LA ARAMADA 15 NOT
LISTED. IT HAS BEEN THE POLICY OF ALL COUNCILS, THIS ONE AND ALL PREVIOUS COUNCILS
TO MAKE ADJUSMENT TAKING INTO ACCOUNT EXISTING PAYING OF THE TYPE BEING ALSO LAID.
MR. GIVENS: IT IS ACROSS FROM MY PROPERTY.
MR. OCKER (B. C. OCKER, OWNER LOTS 9, 10, 11, AND 12, BLOCK 4, BELMONT PARK):
WOULD LIKE TO ASK MR. STIRMAN A QUESTION. IN THAT PROPERTY OF OURS WE HAVE CURBS
ON THAT LINE. WE WILL HAVE APPROXIMATELY 12 FEET BETWEEN THE TWO CURBS. THERE WILL
NEVER BE A NECESSITY FOR SIDEWALKS. WE WOULD LIKE TO SEE THAT IN LAY DOWN CURBS
AND EVERYWHERE EXCEPT IN INTERSECTIONS AND DRIVEWAYS. WE ANTICIPATE LACK OF PARKING
M1 AND, IF NOTHING ELSE I WILL ACCOMODATE THEM. THESE TYPE OF INLET BASINS PROPOSED
HERE ARE A HAZARD TO LAY DOWN CURBS.
MR. STIRMAN: WE OBJECT TO GRATE TYPE BASINS BECAUSE IT STOPS UP FLOW OF
DRAINAGE AND ALSO LAY DOWN CURBS ARE A HAZARD WHEN CARRIED ALONG 700 FAR.
MR. OCKER: WE WOULD LIKE TO SEE SOMETHING LIKE 1200 FEET OF 17 LAID DOWN.
MR. STIRMAN: USUALLY THAT IS TOO MUCH OF A HAZARD TO TRAFFIC. THE SSOEWALK
AREA EXISTS.. HOW MUCH PEDESTRIAN TRAFFIC DO YOU HAVE?
MR. OCKER: WE WOULD LIKE TO LAY IT DOWN AND HAVE A FLAT CATCH BASIN. ON
OTHER TYPE OF PAVING FROM 18TH TO BALDWIN, WE INSISTED ON THAT TYPE AND THEY ARE
SATISFACTORY.
MR. STIRMAN: UNDER EXISTING CONDITIONS IT IS ALMOST IMPOSSIBLE TO HAVE PEDES+
TRAIN TRAFFIC.
MR. OCKER: PEOSLE DO NOT WLAK A HALF MILE IF T EY CAN RIDE.
MR. STIRMAN: I THINK WHEN WE GET IN CONSTRUCTION ON THE GUTTERS, WE CAN WORK
IT OUT SATISFACTORILY.
MR. OCKER: NO GREATER CONSIDERATION OF 50 TO 60 FEET OF PAVING?
MR. STIRMAN: I RECOMMEND ADJUSTMENT Vj� COST TO THIS PROPERTY IN REGARD
TO THE PAVEMENT.
MR. OMER: OTHERWISE WE ARE SATISFIED.
MR, COOVER: DO YOU PROPOSE TO INSPECT THOSE. SO THAT ADJUSTMENT WILL BE
MADE. ARE YOU FAMILIAR WITH THOSE AREAS NOM? WHAT I WANT TO KNOW IS WHETHER YOU
WILL INSPECT THE AREAS INDIVIDUALLY.
MR. W. B. COLLIER, CITY MANAGER'. ANY PROPERTY THAT CAN BE USED OR HAS ANY
VALUE TO THE PROJECT, CREDIT WILL BE GIVEN.
MR. STIRMAN: No CREDIT EXCEPT FOR SIMILAR JYPE OF PAVING.
MR. COOVER; WHERE ARE ADJUSTMENTS MADE ON CURBS.
MR, STIRMAN: NO ALLOWANCE MADE ON CURBS BACK OF RIGHT OF MAY FOR PUBLIC
STREET.
MR. PETERSON: (RAY PETERSON, OWNER LOT 12, BLOCK 9, SOUTHMORELAND) I AN
VERY MUCH IN FAVOR OF THE PAVING OF AYERS STREET. I HAVE ABOUT 140 FEET AT THE
ORNER OF RICHARD AND AVERS AND ABOUT TWO YEARS AGO I LAID BLACK TOP CAL#CHE DOWN.
MR. STIRMAN: WE WILL TEAR OUT TE CALICHE AND REPLACE IT WITH ASPHALTIC
(A SMALL PORTION)
CONCRETE BASE. ONLY ABOUT OF THAT YOU LAID IS IN THE PUBLIC RIGHT -OF -MAY.
MR. PETERSON: WE SPENT ABOUT $2700 TO WASTE.
MR. STIRMAN: CREDIT IS GIVEN FOR CONCRETE PAVING AND MR. OCKER SHOULD BE
GIVEN CREDIT.
MR. SINGER: MR. QUAILE WILL YOU COME FORWARD?
MR. SINGER: WHAT IS YOUR NAME? MR. QUAILE: MY NAME IS FRED QUAILE,
AND I HAVE BEEN IN THE REAL ESTATE BUSINESS FOR THIRTY YEARS IN CORPUS CHRISTI.
MR. SINGER: ARE YOU FAMILIAR WITH REAL ESTATE VALUES IN CORPUS CHRISTI?
MR. OU4ILE: YES.
MR. SINGER: HOW MANY PEOPLE DO YOU EMPLOY?
MR. QUAILEt I HAVE SIX EMPLOYEES IN MY OFFICE.
MR. SINGER: ARE YOU ACQUAINTED WITH THE PROPERTY TO BE ASSESSED? 00 YOU
UNDERSTAND THE IMPROVEMENTS AS DESCRIBED?
MR. QUAILE: YES, I AM.
MR. S MER: HAVE YOU MADE A PERSONAL INSPECTION OF THIS PROPERTY?
MR. QUAILE: i DID SO YESTERDAY IN THE COMPANY OF KR. STIRMAN, BUT
HAVE SEEN THE SAME IMPROVEMENTS FREQUENTLY. EACH AND EVERY PARCEL OF THAT
PROPERTY WILL BE ENHANCED IN VALUE BY THE CONSTRUCTION OF THE IMPROVEMENTS FAR
IN EXCESS OF THE AMOUNT OF ASSESSMENTS.
MRS COOVER: DID YOU LOOK AT EACH AND EVERY TRACT OF THAT AREA. DID YOU
DETERMINE THE RESTRICTIVE USES OF THAT PROPERTY?
MR. QUAILE: I AM FAMILIAR WITH MOST OF IT. I AM FAMILIAR WITH THE MCCORD
TRACT,
MR. COOVER: YOU 00 NOT KNOW THE RESTRICTIONS?
MR. QUAILS: REGARDLESS OF WHAT USE TO WHICH IT IS PUT, WHETHER IT 15 RE-
STRICTED OR OTHERWISE, IT WILL BE ENHANCED IN VALUE.
MR. COOVER: THOROUGHFARE TRAFFIC IS JUST AS VALUABLE TO THE ENHANCEMENT
OF PROPERTY IN ONE INSTANCE AS IT IS IN THE OTHER?
MR. QUAILE: NO, WHERE IT IS A RESIDENTIAL STREET, IT IS NOT.
MR. COOVER: WHERE IT IS A RESIDENTIAL STREET, IT WOULD NOT BE ENHANCED
IN VALUE
Mt. QUAILE: No IT WOULD NOT,
MR. COOYER: YOU HEARD MR. BAKER TELL ME IN REGARD TO THE CURB ALONG AND
IN FRONT OF BUSINESS PROPERTY, 15 IT YOUR OPINION THAT CURBING ENHANCES THE VALUE
OF THE PROPERTY?
MR. QUAILE; IT CERTAINLY DOES. IT GIVES PROTECTION, BUT OF COURSE FOR
DRIVE INS IT IS WASTED.
MR. COOVER: DID YOU DETERMINE WHETHER THERE IS ANY DRIVE IN ON THE MtCCORD
PROPERTY?
MR. QUAILE: LAYDOWN TYPE OF CURB WOULD BE PREFERRED AT CORNER FOR FILLING
STATION.
MR. COOVER; A LAYDOWN CURB IS ONE WHICH CAN BE DRIVEN ONT
MR. SIMBER: WILL MR. COLE COME FORWZkD.
MR. SINGER: YOUR NAME IS...
MR. COLE: MY NAME IS HUNT COLE.
MR. SINGER: WHAT BUSINESS ARE YOU IN.
MR. COLE: I AM IN THE REAL ESTATE BUSINESS.
Mt. SINGER: HOW LONG HAVE YOU LIVED IN CORPUS CHRISTI?
MR, COLE: I HAVE BEEN IN THE REAL ESTATE BUSINESS IN CORPUS CHRISTI
FOR ABOUT FIFTEEN YEARS.
MR. SINGER: ARE YOU FAMILIAR WITH REAL ESTATE VALUES IN THE CITY?
MR. COLE: YES.
MR. SINGER: ARE YOU ACQUAINTED WITH THE SECTION OF AYERS PROPOSED TO
BE IMPROVED?
MR. COLE: YES.
Iii. SINGER: ARE YOU ACQUAINTED WITH THE SURROUNDING PROPERTY WITH EM-
PHASIS TO THE USE IT IS 14OW BEING PUT AND THOSE TO WHICH IT COULD BE PUT?
MR. COLE: I AM.
MR. SINGER: ARE YOU FAMILIAR WITH THE IMPROVEMENTS THEIISELIl4&,AND WHAT
15 YOUR OPTNION AS TO THEIR ENBANCEMENT OF THE VALUE OF THE ABUTTING PROPERTY..
MR. COLE: YES. I AM OF THE OPINION THAT THE PROPERTY WILL BE ENHANCED
IN VALUES AND EACH PIECE OF PROPERTY WILL BE ENHANCED2 BY THE BENEFIT OF HAVING
THE IMPROVEMENTS TO AT LEAST THE AMOUNT ASSESSED AGAINST IT.
MR. COOVER: DID YOU EXAMINE EACH AND EVERY PARCEL OF PROPERTY.
MR. COLE: IN A GENERAL WAY, WE EXAMINED THE AREA ALONG WHICH THE IMPROVE-
MENTS ARE TO BE LAID.
MR. COOVER: ARE YOU FAMILIAR WITH THE MCCORD PROPERTY?
MR. COLE: WELL, I KNOW WHERE IT 18 AND THAT PART OF IT IS BUSINESSES}
THERE IS A FILLING, STATION ON THE END, AND PART OF IT 13 APARTMENTS.
MR. COOVER: ARE YOU FAI1LIAR WITH THE ZONING OR RESTRICTIVE COVENANTS?
MR. COLE: I BELIEVE IT IS ....DAHLIA TERRACE .... FOR DUPLEX.
MR. COOVER: 13 IT YOUR CONSIDERED OPINION THA THOROUGHFARE TRAFFIC ON A
STREET SUCH AS THIS, THAT THE IMPROVEMENTS WILL ENHANCE THE VALUE OF THE PROPERTY.
MR. COLE: YES.
MR. COOVER: WHAT HAS BEEN YOUR EXPERIENCE IN REGARD TO RENTALS ON
STREETS WITH HEAVY TRAFFIC ON THEM?
MR. COLE: MY EXPERIENCE IS NOSTLY WITH RENTALS AND MANY HAVE PROPERTY
ON BUSINESS STREETS. ONE PIECE IS IN THE 3300 BLOCK OF ANETLOPE. I THINK THERE
:�+`•'= IS MORE TRAFFIC ALONG THERE AT TIMES. THEY HAVE ALWASS STAYED RENTED.
MR. COOVER: ARE YOU A MEMBER OF ANY APPRAISING INSTITUTE?
MR. COLE: No.
MR. COOVER: YOU, MR. QUAILE?
MR. QUAILE: NO, BUT MR. BAKER IS.
MR. BAKER: I AM A MEMBER OF THE INSTITUTE OF RESIDENTIAL APPRAISERS.
MR. COOVER: I WOULD LIKE TO CALL OUR WITNESS, MR. GREGORY MOORE. DO
YOU WISH TO ESTABLISH HIS...
MR, SINGER: NO, WE HAVE USED MR. MOORE MANY TIMES. HE IS WELL QUALIFIED.
MR. COOVER: MR. MOORE, YOU HAVE EXAMINED THIS PROPERTY WHICH WE HAVE DIS-
CUSSED ON AYERS STREET, AND YOU HAVE HEARD MR. STIRMAN EXPLAIN THE PROPOSED PAVING,
AND AS IT RELATED PARTICULARLY TO THE MCCORD PROPERTY?
MR. MOORE: YES.
MR. COOVER: YOU KNOW THE CHARACTER OF THE PROPERTY AND THE RESTRICTIVE USES
TO WHICH IT IS PUT AND THE ZONING OF THE PROPERTY.
MR. MOORE: YES.
MR. COOVER: WHAT PROPERTY IS ZONED FOR BUSINESS?
MR. MOORE: BLOCK S IN DAHLIA TERRACE IS A BUSINESS BLOCK, 7, 8 IN BLOCK 1
AND 2 AND THE T. P. MCCORD TRACT, IS; 1, 2, 3, 4, 5, AND 6 IN BLOCK 2, AND I, :E,
3, 4, 5, AND U IN BLOCK 1, ARE "R -2 ", OR TWO FAMILY DWELLINGS.
MR. COOVER: CONSIDERING THE EXISTING PAVING, HOW AND WHAT IS YOUR OPINION
OF THE IMPROVEMENTS.
MR. MOORE: AS TO THE BUSINESS PROPERTY, IN AS MUCH AS THE ASSESSMENT OF $9.75,
IF THEY DO ELIMINATE ISLANDS AND GRADE IT TO EASY NEGOTIATION OF TRAFFIC, YES, I
THINK THAT PROPERTY IS. THE REST IS NOT.
MR. COOVER: THAT THAT IS NOT BUSINESS PROPERTY IS NOT?
MR. MOORE: No-, IT IS NOT. DUPLEX ZONED NOT ENHANCES IN ANY AMOUNT.
MR. COOVER: WHAT IS YOUR OPINION IN REGARD TO CURBS IN FRONT OF BUSINESS
PROPERTY?
MR. MOORE: THE CURB AROUND THE ISLAND AND ALONG CURBS(SIDEW:LXS) MIGHT BE
NECESSARY, BUT WHERE IT IS USED ON BUSINESS PROPERTY, ON DRIVE INS, IT 15 NOT OF
ANY VALUE.
MR. COOVER: IN DEVELOPING PROPERTY ZONED FOR BUSINESS, THERE WOULD HAVE TO
BE AN ANTICIPATION THAT THERE IS GOING TO BE A DRIVE IN AT THAT SPOT, AND THAT THAT
BUSINESS WAS UTLIMATELY TERMED AS SUCH OR ONLY DECIDED TO BE USED AS SAME.
MR. SINGER: YOU DO NOT MEAN TO SAY THAT PROPERTY NOW BEING USED FOR DUPLEX
IS RESTRICTED BY OECD.
MR. MOORE. RESTRICTED UNTIL 1976.
MR. SINGER: THERE ARE SOME BUSINESSES THAT CAN BE PUT UP ON PROPERTY ZONED
FOR DUPLEXES. -
MR. MOORE: IT WOULD NOT BE FEASIBLE.
MR. SINGER: CAN IT OR CAN IT NOT BEY
MR, MOORE: WELL, IT COULD BE USED FOR SOME BUSINESSES. ....
MR. COOVER: HOW 00 YOU MEAN IT CAN BE USED FOR SOMETHING ELSE?
MR. MOORE: WELL, IT COULD BE USED FOR A CLINIC, IF THE CLINIC WERE LIMITED
TO TWO EMPLOYEES....
MR. COOVER: WOULD IT ALTER YOUR OPINION AS TO WHETHER THIS PROPERTY WOULD BE
ENHANCED IN VALUE.
MR. MOORE: N0. THERE ARE TOO MANY LIMiAT10NS. LIMITED TO 25% OF THE AREA
MR..QUAILE: IT IS BEING SED FOR DUPLEXES... DIRT STREET.
MR. COOVER: AS A DUPLEX... YOU... DID YOU PREDICATE YOUR OPINION ON THE FACT
THAT AYERS STREET IS A DIRT STREET? OR SHELL.
MR. QUAILEs YEs.
MR. BAKER: No, IT 13 NOT A SHELL STREET.
MR. S INGER: DID YOU HAVE IN MIND IMPROVEMENTS AS DESCRIBED BY MR. STIRMAN
NOW EXISTING INCLUDING TdC CONCRETE PAVING STRIP III FEET WIDE IN CONNECTION WITH YOUR
OPINION THAT THE PROPOSED IMPROVEMENTS WOULD ENHANCE THE VALUE OF THE PROPERTY ZONED
FOR DUPLEXES, INCLUDING DAHLIA TERRACE, MR. QUAILET
LAIR. QUAILE: YES.
MR. SINGER: IN OTHER WORDS, YOU TOOK INTO ACCOUNT THAT THE PAVING WOULD BE
INCREASED IN WIDTH AND THAT SUCH.INCREASE WOULD ENHANCE THE VALUE OF THE MCCORD
PROPERTY?
MR. QUAILE: YES.
MR. WILL €AMSON (FRANK WILLIAMSON, CITY COUNCILMAN): I MAKE THE MOTION
THAT THIS HEARING BE CLOSED. ,
S!0 D MOTION BEING DULY MADE, SECONDED AND PASSED, THERE BEING NO FURTHER
TESTIMONY, THE HEARING WAS CLOSED AS OF THIS CITY COUNCIL MEETING.
There being no further testimony offered or any further 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 street proposed to be assessed against said property,
or as to any errors, invalidities or irregularities, in the proceedings or
contracts heretofore had in reference to the improvements of said street;
and '
WHEREAS, said City Council has heard evidence as to the special
benefits and enhanced value to accrue to said abutting property, and the
real and true owner or owners thereof, as compared with the cost of making
said improvements on said street, within the limits above defined, and has
heard all parties appearing and offering testimony, together with all
protests and objections 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 Ayers Street, within the limits to be improved as herein defined, will
be enchanted in value and specially benefited by the construction of said
improvements upon the said street upon which said property abuts, in an
amount in excess of the amount of the costs of said improvements proposed
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 -add correct all errors, invalidities or deficien-
cies 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
n iY
yµ thr`; proaesdinge of "maid_ ;cA-; j'dokmc i hmret_bf,04 }iad'`wit}i iefaitiitCe't tot °
iinprovemsntq; .` and "iii-,e� ] ' reep®ots %'to 'ie 'valid• .:and :'rpgii7 er ;` aiid'saicl °'',City ;r .t f .
Oounoil ,did-TuiViir �find.Apon acid oiii aoe rthbt A46 'aaaeaAmeata'hereii� ," +'•
Ar
below made and the; `aheigie kiereby deolared 'egeinet' acid' abritfiing °prppirty + ++ , i'; j 1; ,•
on baid '�yera Sheet, ici _the' real• 3aiid:,tive owner or 4oiinsrR`,ther`,eof,
just aad'egnitible-<imd ; did ' adopt,tti ''rule of apportioainent?aet :foitti'tiilovt'
and' the diviaiaan -of 'P 'the eoatd of 'said iiteov®amente- be'tv'sit 'ad' 'abattiag•n4, k °
properties, -and the re a: G'L iia'.ti�e' "- oihier''or'•ovriiia ttieraof
squiptelolo,' end'iae " "piroiiiXig= cabeGia1 _eciudli ty ooneidoiiaa Eh° ®;,,berii�ii�r
, • . , nom. ..._ `.w �i s ' x:r.
to be-reeeived'aad -the biiidana- iipop*d'tiiereby, and,'t ,t a ll:objs'otlonA „andi
roteats' •Ahonld' be, o'iiTa7':d :and- diiiicl' ;,
p
]wow'. :'01W `T, H-- ffiREEORE ;'BE .IT 6RDdI$SB ss•- : :'01 ,oxxr.? =<t ori., s ° sro1
�_
r.• R:1
fit. l
, :- - ' � -- '- - < t . -' .r” * '' ' �• .� =r'•:,.,. ^.3i;�'f� s
SEtlrlTO& ,1 °.a ''L'hs Ahera'be 3og-' 6-, f trtiir ; +: ,p' r ote• st -•o" = . is �;,:•. ' •��., sf��'
tsetiiiu��t�cilPa'� v f` s•Sr
.r.' - `'' '..�.ti; ��;��dr,�:"ii� "�."w'%. ='3's ,�',, �"s;' •k�' °„'^'.�';,}f s,�,';y, x' "S"Fd4µ �l,r�y,'{;ti "'e;
- , ,or_'aainit :said 3apro�smiaf �'�'e. sal'isndwitirae'�
, _o,r, laid ' - Bearing- �granted�;'�o,:th �.Tr-;n �
t' a` - f,y . 'T9t+e'i � ���'.' •s't`f�''�+=�r 9?��
ovnare 'of- abitting,,propgTy,,cp, Raid. triet�`.idtn;m r
e. Che, ,1SmitA v abadefiiseil'' a
� x. <x •" ,.: �,. ' ,.,` ;'. : ,
and{rto_ all, persona t;:ei a , oorporati .oab`,and'::es'tibia"ovai.ng:'$
or_ex{T °iatia® t:triere + i .4! >.,•
s iii _bm�': andT they '�same'.'is,.hereby�,cl:sa�d;
and ob ssiion x ' °'
j a gliithsr' a oifio gntiori d'or`�not;' :sba71 ba'.,',anil'.;
. , -'. Pm - -ally`;::: .�:, - .s ,>
...< ^'` °``. ,,. .x,.e3 t`-k;f^;.' ti.�."•i '`,� (nr'�tJ [ id
, . - ^ '•;" S' ` . , - t <A�- k�Fti�i:''.`i%d Sm °�.a` kmrc��!h'b.��p' "'•{ �' r`�.
ar' e' hsrebp,', ' eT ®rru7.d "and.,deriied,'3nr`igb�rd - toi.'the dvsaenta� ®n °,id6�sx'Aa:���tt���'':$� �"
Stirodt e Yi6'rain of
' r -e_y n Ta .:;,.,,' =D• +t �'essf::hf. �l1NS_.t�"'x
SE03ION 2, Tha %= aatd "Citgs.Coriioi7 heinb� fiadA- arid<<aatoraines:n_p}on:`;; ;
the s do o
vi' ne .iiaaid'ain `iifsr.. ®nas':to'saoh,aud'.iti Rio
• - ' ry.'pnrosl�of'�p pirtT`''
upon Dora aS%iist,. 't2ue`r`ein_tdifised, + >F1 a'iylii<rpiiia7 ,1 :S =,
b
^ '; '" • , '' ` ' ; , ; ; 's;;..:., -,;zV � s' ir'�i.�+':� ^ „r:_.e; ,.,k' r��rg�,. p��,rP,�?, �� ” *:
S!,.a.,,k'y,•:,a,
sasfit c the
.,an �, in intisiiced' >viTue %o Tagisriis `tb caaYd` prop�rtT; and` that? +'� y xr,
true owner- or' Omits' +&sheet` vii tu® of'the a ; ' 'xn E i," t a 8y° • "' ='4
',by" oaetrnotion';o2- .Raid,'• iaprovsr.,r �.
=sate in sai:d'portion•of faaid emit' uponxhiiih': said' , Pr dP*
or; dba
be ,it%- sgaeAA `Of "thet amount °Of'tiiB { nen p i,- •.tsd` Af
aysmsn�a��ae '.`propo,Ard`''� f!•r c'"•
-to --lie : and•;ae hires ij' ;aidiased Lgsinst`r':ea3dx aiiu�ii o� t t;' Y `'„nr _ }
and ;tr¢e, "`Btip ®r' =;6r" _'owners ?tki ®reof�4'al>� *,fn3e , tlie' t* tiie *iap;lar't�erit�'of�ths'�F s"
ooati =of ..a iripro. Al j'•aad,thaE, fidie asoei "e eriSabeloi�r ^iiiti: 'a s :la •y °, '
"a.. .„ ;�'�- t, i s� a ''�i R i j- � t, x. *`t �: a•e'',e,+1..' }
net eid'e gmdtib p and _ produsi`aUAant �
egvalit, 7;? ooaailtsi�ingrthsRrsriiiti,', #`!
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 assess-
ment 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, chatster provisions
and proceedings of the said City Council.
SECTICN 3. That in pursuance of said ordinance, duly enacted,
by said City Council, authorizing and ordering the improvement of Ayers
Street, within the limits herein named and defined, and in pursuance of
9
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 Texas, Imown and shown as Article 1105 -b of Vernonts Annotated
Civil Statutes of Texas, as amended, there shall be, and is hereby levied,
assessed and taxed against the respective parcels of property abutting
y upon said portion of said street, and against the real and true owners
thereof, whether such real and true owner ors 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 follows, to -wit:
September 16, 1952
TO s THE MAYCR AND CITY COUNCIL
FROM: H. H. STIRMAN, DVMTOR OF PUBLIC WORKS
Herewith submitted is ownership roll shoeing the names of the apparent owners
of abutting property on Ayer, Street from the northeast,boundary line of
Baldwin Boulevard to the southwest boundary line of Norton Street, the
number of front feet owned by each, the description of their property, and
the amount proposed to be assessed againet'each abutting property and the -
real and true owners thereof. The roll also eats out the estimate of cost
and amounts of assessment,. In preparing the assessments, adjustments were
made where the improvements front apartment maed and dupler.a6ned property.
Total estimated cost of whole
improvements within the limits
defined as follow,:
Northeast property line Baldwin Boulevard
to southwest property line of Norton Street $144,082.92
Estimated amount per front Moot proposed
to be assessed against each abutting
property and the real and true owner
between northeast property line of Baldwin
Boulevard and southwest property line of
Norton Street thereof for curbs ..................... $0.75
Estimated amount per front foot proposed
to be assessed against eachabutting
ProPartY and the real and true owner
- thereof between northeast property line
Of Baldwin Boulevard -and southwest property
7.ine of Norton Street for paving exclusive of ourbs:
Busiijess Zone » B..3 .......................... $9.03678
Apartment Zone - A-1 ............................ $6.51839
Duplex Zone - R-2 0 ......................... $5.25920
Total estimated amount per front foot
proposed to be assessed against each
abatting property and.the real and
true owner thereof between northeast
property line of Baldwin Boulevard and
southwest property, line of Norton Street:
Basinesa Zone — (B-3) 9 ........................... 9078678
Apartment Zone — (A1) . ........................ 7.26839
Daplea Zone — (R.2) ... ..............................• 6.00920
Estimated total amount of adjusted
assesawnts ......................... ..................... $61,347.30
' t
Estimated total coat of the project
to the City of Corpus Christi
exclusive of Engineering and
Contingencies ........... .. ............................... $82,735.62
&eapectiul]y au�,
H. H. Stirman, ,
Director of PbMio Works
Approved '
Collier,
City Manager
-A PA-Vix
LAM�A*iNQ ME
BOUIM
IV
to fAo4` di- -,d�b
:--k'C6ntiactorI
Road-ay--.
�j
rate'R "fro4t foot, I
Property 01—r.
Name of Addition
P.
Lt
Number
Date
jg
NCO-
irb-'rat" '--Un9916& $0x75
SW";a,
coit�
Cu
IV
to fAo4` di- -,d�b
:--k'C6ntiactorI
Road-ay--.
�j
rate'R "fro4t foot, I
Property 01—r.
Name of Addition
BIk
Number
Lt
Number
; Pmperty
FKY
�-S
SW";a,
coit�
Cu
LT
'(W)
To.-F*I;JkqOrd Trap t:,�
�qi.
7
477*7
45.4o:--56;25
•731,:0
z
.
i "T
;Pi2+!'�
jiwb
A6
(�j -'q
F-1600,
- 4174A
"I,
*y
34919
89 M
177
Maiki
4,� • 4.1
2N
ON
-V
'A- ',':x1.2::( 0
2:-
;0D,`,,0*W
5874
-366&
W63?d P81iiii, -A�igqi6
2,
`64�0
:456W
- 587*2
(3645
, )
(W
' " - . N'
2
60*001
-IIU211
PD,
- 45iw
OU
ACM
315&55)
;-'Dbpt,,f !C6q5ustqhxIsti, Texas'
Digiaion Compiled Checked
L
L
6
Z
s
4
u
t
ATM STRM
Pavement
Contract Date
Curb cost per lineal foot $0 -75
Sidewalk coat per sq. foot $0000
IG'ASSESSMENT
t ,A
THE NOR,THUST PROPERTI T•TARt OF BALD m
BOULEVARD TO 80OTfigM T,T`N1 -'CF NORTON STREET
Jo 16 Del3J=er, Inc- Contractor
561 Face to face of curb Ft.. Roadway
$9903678 .. Business Zone (B..3) Paving rate per front foot
$,Ri -:• •• ne
= .. Dnv7 ez Zone (R-2) Sidewalk rate per front foot
Property Owner
Name of Addition
Block
Number
Lot
Number
Property
Frontage
Paving
Coat
Sidewalk
Lin. Ft
Sidewalk
Cost
C.,bA.Godd r
Lin. Ft
Curb ,&w
Cost
Total
Amount
FERN IRM
INT
SECTION
CONTII
60*00
�(�
Ina McCord 10111any-R-2 (W)
Dahlia Terrace
2
3
Woo
45@00
tot
.55)
(36005
Mes.6 Annie Rod R-2 (W)
^ "
2
2
60&00
542&21
60&00
4500
587e2
Adjns
tot
(315.55
(360.5
Ina MaCOrd Ki l 9 t an Rr2 (W)
^ "
2
1
60917
543.74
60.17
45,73
r 58808
/
Adjusted
to:
(316.45
(3$s•5
Corpus Chrieti Housing
Anthority Arl (W)
La Armada #3
329.58
2978934
0
0900
297893
ad to:
(21118,33
(2148.3
Oalf Oil Corps B-3 (W)
Pineda Park #2
12
2M, 21
120,00
1084&111
1086h
Del. Mar College B-3 (E)
Soi'ithwrillandt+
L & Sou
b Bluff J
.4590,85
4155.56
3902
29.94
47=8505
Fligh So
1 Site
Del Mar College B-o3 (E)
Soutblooreland Adds
1
12s 13
279,90
2529040
279.690
209e92
27390
HOSM
STREET NTEEOECTI
N
13905
7264#70
Sinclair Refining Co,B -3 (E )
2
12
139e95
10696
7369.E
J# 0. McCoy B»3 (E)
Southmoreland
2
N 801 .3
80&00
722,94
80,00
60900
782&5
I&.Ee Beiniend Bw3 (E)
Southmoreland
2
3 599951
59&95
541.75
59.95
44996
586.7
of 73
Public Works Dept., Corpus Christi, Texas
Enoineetina Division Compiled Checked
L
5)
L
5)
3)
3)
L
7
z
5
11
L
*� "*RF• }: r r . yF. _
;
. S' •'P r.."p � sNN {"Ti.�'ij"7 .vx[ - _
_ . e "'a s'^i :� e y n.ari.•r+f �'"' e.M '3 ".,:' .
`PAVING'>=ASSESSM
xr' 'y
a
NT'
Sidewalk
Cost
. s
MRW 31$
4
from TAR NORTH 'HAT PRnPM
jN
BOULEVARD TO SOUTBIM LIVE109 NORTON STREET
Pavement
TON
J. Ma Dellinger. Inn+
Contractor
Contract Date
561 Fans to tars of curb
Ft. Roadway
Curb cost per lineal foot
$0x75
$9x03678 Business Zone (B..3)
Paving rate per front foot
Sidewalk cost per sq. foot
$0000
no N
55.25920 » Duplex lane (R.2)
Sidewalk rate per front foot
Property Owner
Name of Addition
Bio&
Number
Lot
Number
Property
Frontage
Paving
Cost
Sidewalk
Lin. Ft
Sidewalk
Cost
Curb86.reer
Lin. Ft
Curb-&—
ost
Total
Amount
CARTES
STRMT
TON
139x95
1264x70
is G. Gusman B»3 (E)
Soutiacreland
3
12
139.95
104x96
1369&6
go P. Givens B..3 (E)
e
3
13
139.95
1264 -70
139.95
104.96
136906
TOMM
MS S
INTER=
TION
139&95
1264x70
J. F. Goforth B»3 (E)
SouUmoreland
4
12
139x95
104x96
136996
Jo -A. Talbert B»3 (E)
"
4
N 3.00.951
7 .95
912.26
100995
751171
987-9
'
of 13
-
0L T. Talbert B-3 (E)
"
4
S 391 13
39900
352-43
39.00
29925
38196
SBEGY
MM I
ECTI
N
69.97
632,30
L. 0. QvV B»3 (E)
"
5
N of 12
69-97
52948 -
6867
R. Cs Beasley 13-3 (E)
"
5
S +} of 12
69997
632&30
69s97
52948
6867
B. He Shasoon Br-3 (E)
"
5
N of •13
69.97
632930
69x97
52948
6867
D. 4 Johnson B..3 (E)
"
5
5 of 13
69.97
632.30
69997
52x48
6867
EIS
STREET
1INTERM
ON .
139995
1264.70
3r7stal Petroleum Cox B-3 (E
"
6 _
12
139.95
104996
3369-6
Huoble Oil & Ref. Co. B»3 (E
"
6
13,
139.95
1264.70
12667,
Public Works Dept., Corpus Christi, Texas
Engineering Division Compiled Checked
FINAL PAVING ASSESSMENT
ATM STREET from THE NORTHUST PROFERTr LINE OF AAT.TAtTfiT
BLVD. TO SUUTHMI. I=-OF. NORTON STREET
Pavement
Contract Date
Curb cost per lineal foot $0x75
Sidewalk cost per sq. foot $0.00
Contractor
561 Face to face of curb Ft.. Roadway
$943678 c+ Buaiwas Zone (B..3) Paving rate per front foot
•• par Zone
$5.25920 .. Dnz lex 7ortw (Rr 2) Sidewalk rate per front foot
Property Owner
Name of Addition
Block
Number
Lot
Number
Property
Frontage
Paving
Cost
Sidewalk
Lin. Ft.
Sidewalk
Cost
Curb6•Fsattar
Lin. Ft
Curb -&
Cost
Total
Amount
EMES
BMW
INffiiSEC
Obi CO
INDED
LW 00
108641
H@ S. Butt 1103 (W)
Pined& Park #2
14
9 10
120.00
90.00
3171161✓
He Be Butt B..3 (W)
"
330000
2982x111
330.00
247 *50
32290E
(credit for Hzifftb
Gone*
Pvmte) adjusted
to'
(255.6)
(2309.80)
(255 @6)
191.70
(250145
C. Ca The &tree, 11104 B:.3 (W
(Credit for Existb
Come
Pvmtr)
300@00
271143
300@00
225600
293660
adjwrt4id
tot
(23068)
2085&69)
(23068)
173&10
(2258.7
TARINJ
ON S
nmmnliTION
139@95
1261b70
Magnolia Petroleum Cox Bw3
SouthmoreUnd
7
12
.
1207
E
Phillip Massed Bo3•(E)
"
7
N 79051
79695
72W
79x95
59.96
7824
Frank Braslau B.3 (E)
"
7
S 601 3.4
60*900
5112@21
Wow
45@o0
587x2
BILME
3 STREET
INTERSECI
ION
339.95
12611970
fto Be Wagenehein B..3 (E)
"
8
12
139.95
104696
336966
grab P. L. Ashley B-3 (E)
"
8
N 69.971
'33
69097
632&30
69997
520118
6847
of
D@ M@ Nicholson B»3 (E)
"
8
S 69.971
69097
63430
69.97
5418
6847
of 13
Public Works Dept., Corpus Christi, Texas
Engineering Division
Compiled Checked
L
a
7
FINAL PAVING ASSESSMENT
AYERS STREEP from THS NORTH=T PROPERTY LINE CF BAIDWIN
BOULEVARD TO N�ATON STREST
Pavement J &M6 DeLRMs Inc. Contractor
Contract Date _561 Face to face of curb Ft.. Roadway
Curb cost per lineal foot $0675 09:03678 » Business Zone (B"3)- Paving rate per front foot
Sidewalk cost per s foot 39 "' partment Zone
P 4• $0600 $.509!g2 » 1hnA3tty 7nnQ (ly) Sidewalk rate per front foot
Property Owner N
Name of Addition B
Block L
Lot P
Properly P
Paving S
Sidewalk S
Sidewalk C
Curb86anar C
CurbASS• T
Total
RIC S
STMT I
INTEM,TION
1,39.95 1
1264x+70 -
Rapp Peterson -B. 3 (E S
Southmoreland 9
9 1
12 1
-139#95 1
10696 1
1369e&
A• R6 MaHMM B-3 (E "
" 9
9 1
113 1
139.95 1
1261,70 1
1,39995 1
10696 1
1,369.6E
,Bennett Ocker BO (w B
Belmont Park 4
4 3
3.4 & 15 9
99x52 8
899034 9
99952 7
74664 9
973691
"Bem;!ett & Melvin
Coker B»3 (W o
50600 4
45144 5
50600 3
37.50 4
489.31
(Credit for end a s
oo4io6 P
Pere13: 5
Public Works Dept., Corpus Christi, 1'eaas
Engineering Division Compiled Checked
FINAL PAVING ASSESSMENT
ASS STET from THE NORTHEAST PROPERTY LINE OF BAL WIN
BOULEVARD TO SOIITIiWEST LINE OF NORTON STREET
Contract Date
Curb cost per lineal foot $0.75
Sidewalk cost per sq. foot $0000
J. N. De11LW*r, Inc. Contractor
56t Face to face of curb Ft.. Roadway
$903678 - Business Zone (B@O) Paving rate per front foot
$605103y « Apartment Zone &
M25920 .. Dip] ex Zone r (R.2 Sidewalk rate per front foot
I
operty Paving Sidewalk Sidewalk Curb£-6etter Curb -&- Total j
Property Owner
Name of Addition
Block
Number
Lot
Number
Pr
Frontage
Cost
Lin Ft.
Cost
Un. Ft
Smiter Cost
Amount
AMR
WON ME
E & CIM
INTERSEC
TION
ER STREW
,bristrs Lutheran
:huroh B-3 (E)
Southmore] and
10
12
e
339.95
126670
139095
304096
1369&&
fasel Calvin B-3 (E)
n
10
13
139.95
1264,70
139.95
10696
136906!
WAMSOR
STREET
miRSEC
ON
119095
1083096
dank D, Combos B-3 (E)
°
3.1
1
119995
89.86
1173x9,
Sennett Ocker B..3 (W)'
n
?
,2,3,4,5,
6,7,8,9
450.00
4066055
450.00
337.50
440400:
NOR
STREET
INTERSECTION
?rojeot Totals ............
ldjusted Project Totals .......
.........................
...............................
.........
6912077
6719017
62,469alS
57,,170*03
5736036
5569976
432205
4177•
66,7934
61,347:
lost of Improvements — Baldwin
loot to all property owners
lirect cost to city ........
ngineering and Coutingenoie
.0tal Cost of Project to C1
Blvd. to Norton Street
..........0 ...............
.... .........................
6. ...............
• ...........:.0..........
o
.oe....
.......00
.......0
.......•*
..,..,••.
$144
66
082092
791.68
Adj
d:
$�y,08
61
•92
0
029
.9
77
914
080
,73
40
91
•
,
„Public Works Dept., Corpus Christi, Texas
'Engineering Division
Compiled Checked
68
30
SECTION 4. BE IT FURTHER ORDAINED; That in the event the actual f
frontage of o 4
g 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 same are
hereby declared, to be increased or decreased, as the case may be, in the
proportion which said excess or deficiency of frontage shall bear to the
whole number of front feet of property actually improved in accordance
with the front foot rate of assessment herein adopted, it being the intention
that each parcel of property and-the real and true owner or owners thereof,
abutting upon Ayers Street, within the limits above defined, shall pay for
said improvements under the "FRONT FOOT RULE OR PLAN ", which rule or plan
is hereby found and determined to be just and 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 Ayers Street, all certi-
ficates hereinafter provided for, issued to evidence said assessments against
said parcels of property abutting upon Ayers Street, and the real and true
owner or owners thereof, shall be issued in accordance with, and shall
evidence the actual frontage of said property and the actual cost of said
improvements, the amount named in said certificate in no case to exceed the
amount herein assessed against such property unless such increase be caused
by an excess of front footage over the amount hereinabove stated, such
actual cost and such actual number of front feet, 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 Ayers Street, 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 Ayers Street,
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 percent (5 %) 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 -wits August 12, 1952, 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 -wits in five (5) equal installments,
the first of which will be payable on or before twenty (20) days after the
completion of said improvements in the street upon which the respective
property abate, 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
percent (5%) 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 seemed 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 J. M.Dellinger, Inc.,
or its assigns, be, and become immediately due and payable and shall be
collectible, together with reasonable attorneyto fees and all costs and
expanses of collection if incurred.
SECTION 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 J. M.Dellinger, Inc. 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 furnish J. M. Dellinger, Inc. valid assessements and
assessment certificates and shall exercise all of its le)wful 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 eons 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
J. M. Dellinger, Inc., or its assigns, either by suit in any court having
jurisdiction or by sale of the property assessed as nearly as possible in
the manner as may be provided by law and charter in force in said City for
the sale of property for the collection of ad valorem taxes.
SECTION 7. That for the purpose of evidencing said assessments,
the liens securing same and the several stuns 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, assign-
able certificates shall be issued by the City of Corpus Christi,'Texas, to
J. M. Dellinger, Inc., upon the completion of said improvements in said
street 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 the times and terms
thereof, the rate of interest thereon, the date of the completion and
acceptance of the improvements for which the certificate is issued, and
shall contain the name of the apparent true owner or owners as accurately
as possible, and the description of the property assessed by lot and
blpck 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 otberwise, 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 J. M. Dellinger, Inc., or its
assigns, or the holder thereof, the whole of said assessment evidenced
thereby shall at once become due and payable, and shall be collectible
with reasonable attorneyts fees and all expenses and costs of collection,
if incurred, and said certificate shall set forth and evidence the personal
liability of the real and true owner or owners of such property, whether
named or correctly named therein or not, and the lien upon such property,
and that said lien is first and paramount thereon, superior to all other
liens, titles and charges, except for lawful ad valorem taxes, from'and
after the date said improvements were ordsred by said City Council, to -wit:
August 12, 1952, and shall provide in effect that if default sball be made
in the payment thereof, the same may be enforced, at the option of J. M.
Dellinger, Inc., 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 any court having jurisdiction.
That said certificate shall further recite in effect that all
the proceedings with reference to making said improvements have been regularly
had in compliance with the law and charter in force in said City and the
proceedings 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 requested 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 substance and effect thereof shall suffice.
SECTION 8. 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 any property or
the amount of any assessment, or in any other matter or thing shall not
in anywise invalidate or impair any assessment levied hereby or any certi-
ficate 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 Ayers Street, 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 street; and that
the total amounts assessed against the reappetive parcels of property
abutting upon said street, within the limits herein defined, and the real
and true owner or owners thereof, are the same as, or lees 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 Ca11%d Session of the 40th Legislature
of the State of Texas, known as Article 1150 -b of Vernonts Annotated Civil
Statutes of Texas and the Charter of the City of Corpus Christi, Texas,
i
under which terms, powers and provisions said proceedings, said improge-
ments and assessments, were had and made by said City Council.
SECTION 9. The fact that Avers Street, within the limits above
defined, has become an important thoroughfare and connects important
thoroughfares, 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 aZ� day of September, A.D., 1952.
A' TIEST:
G
MAYOR
t of Corpus AL, Texas
Corpus Christi, Texas
19 S z—
TO T11E MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
Gentlemen:
For the reasons set forth in the emergency clause of the foregoing
ordinance, a public emergency and imperative necessity exist for the suspen-
sion 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,
J�CUW6
YOR
City of Corpus Christi, Texas
The Charter rule was suspended by the following vote:
Leslie Wasserman__
Jack DeForrest —�
Sydney E. Herndon
George L. Lowman
Frank E. Williamson _
The above ordinance was passed by the following vote:
Leslie Wasserman
Jack DeForrest
Sydney E. Herndon
`
George L. Lowman
Frank E. Williamson
. 3 SQ4