HomeMy WebLinkAbout03961 ORD - 11/26/1954AB :ti /23/5:1+s *se
All 0RDINANCE
CLOSING THE HEARING GIVEN TO THE REAL AND TRUE OWNERS OF
PROPERTY ABUTTING UPON EIGHTEENTH STREET FROM THE SOUTH
PROPERTY LINE OF LOUISIANA STREET TO THE NORTH PROPERTY
LINE OF NAPLES STREET, NAPLES STREET FROM THE NORTHEAST
PROPERTY LINE OF BALD'dIN BOULEVARD TO THE SOUTKI -EST
PROPERTY LINE OF EIGHTEENTH STREET AND SAL0411N BOULEVARD FROM
THE SOUTHWEST PROPERTY LINE OF EIGHTEENTH STREET TO THE
NORTHEASTERLY EXTENSION OF THE SOUTHEAST PROPERTY LINE OF
BALD'dIN PARK, AN ADDITION TO THE CITY OF CORPUS CHRISTI,
NUECES COUNTY, TEXAS, AND TO THE REAL AIJJ TRUE OWNERS
THEREOF, AS TO SPECIAL BENEFITS TO ACCRUE TO SAID PROPERTY AND THE
REAL AND TRUE OWNERS THEREOF, BY VIRTUE OF THE IMPROVEMENT
OF SAID STREETS WITHIN THE LIMITS DEFINED, AND AS TO PIN
ERRORS, AND IN'VALIDITIES OR IRREGULARITIES IN ANY OF THE
PROCEBDINGS OR CONTRACT THEREOF, OVERRULING AND DENYI14G
ALL PROTESTS AIID OBJECTIONS OFFERED, FINJING AND DETEM.IINING
THAT THE PROPERTY ABLITT114G UPON EIGHTEENTH STREET, NAPLES
STREET AIJJ 8ALD1IIN BOULEVARD WITHIN THE LIMITS DEFINED WILL
BE SPECIALLY BENEFITED AND ENHANCED IN VALUE IN EXCESS OF
THE 41OUNT OF THE COST OF SAID IMPROVEMENTS PROPOSE-) TO BE,
AND AS HEREIN ASSESSED AGAINST SAID PROPERTY ABUTTING UPON
EIGHTEENTH STREET, NAPLES STREET AND 3AL[YIlll BOULEVARD AND
LEVYING AIJ ASSESSMENT FOR THE PAYMENT OF A PORTION OF THE
COST OF IMPROVEMENTS ON SAID STREETS WITHIN SAID LIMITS,
FIXING A CHARGE AND LIEU AGAINST THE PROPERTY ABUTTING UPON
SAID EIGHTEENTH STREET, NAPLES STREET AIJJ BALDWIN BOULEVARD
AND THE REAL AND TRUE OdNER OR MINERS THEREOF, PROVIDING FOR
THE ISSUANCE OF ASSIGNABLE CERTIFICATES UPON THE Ca1PLETION
AND ACCEPTANCE OF SAID WORK, THE MANNER AND T114E OF PAYHEr!T
AND PROVIDING THE 1,TANNER AND METHOD OF COLLECTION OF SAID
ASSESSMENTS AlD CERTIFICATES; AND JECLAIilNG At! EHERSENCY.
WIJZREAS, THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS, BY DULY ENACTED
ORDINANCE PASSED AND APPROVED ON NOVEMBER 3, igj)4, DETERMINED THE NECESSITY
FOR, AND ORDERED THE IMPROVEMENT OF EIGHTEENTH STP.EET, NAPLES STREET AND BALDUIN
BOULEVARD WITHIN THE LIMITS HEREINAFTER. DEFINED, III THE MANNER AND ACCORDING
TO THE PLANS AND SPECIFICATIONS HERETOFORE APPROVED AND ADOPTED BY THE CITY
CCUHCIL BY ORDINANCE DATED NOVEMBER O, 1�54, SAID PORTION OF SAID STREETS
TO BE IMPROVED BEING AS FOLLOWS, TO -WIT:
EIGHTEENTH STREET FROM THE SOUTH PROPERTY LINE OF
LOUISIANA STREET TO THE NORTH PROPERTY LIME OF NAPLES
STREET, NAPLES STREET FROM THE NORTHEAST PROPETY LINE
OF BALDWIN BOULEVARD TO THE SOUTHWEST PROPERTY LINE OF
EIGHTEENTY STREET AND BALDWIN BOULEVARD FROM THE SOUTHWEST
PROPERTY LINE OF EIGHTEENTH STREET TO THE NORTHEASTERLY
E::TENSION OF THE SOUTHEAST PROPERTY LINE OF 3ALOUIN PARE,
AN ADDITION TO THE CITY OF CORPUS CHRISTI, UUECES COUNTY,
TEXAS,
A DULY EXECUTED NOTICE OF SAID ORDINANCE HAVING BEEN FILED Ill THE NAME OF SAID
CITY WITH THE COUNTY CLERK OF NUECES COUNTY, TEXAS) AND
t•IHEREAS, SAID CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS,
AFTER HAVING ADVERTISED FOR AND RECEIVED BIDS ON THE CONSTRUCTIOII OF SAID
IMPROVEMENTS FOR THE LENGTH OF TIME AND IN THE MANNER AND FOR14 AS REQUIRED BY
THE CHARTER OF SAID ..ITY AND TH ^E LAAIIS OF THE STATE OF TEXAS, AND AFTER HAVING -
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DULY AND REGULARLY MADE APPROPRIATION OF FUNDS AVAILABLE FOR SUCH PURPOSE
TO COVER THE ESTIMATED COST OF SAID IMPROVEMENTS TO SAID CITY, ALL AS PRO-
VIDED BY THE CORPUS CHRISTI CITY CHARTER AND BY LAW, DID AWARD A CONTRACT
FOR THE CONSTRUCTION OF SAID IIAPROVE14ENITS TO HELDEIIFELS BROTHERS ON ITS
LOWEST AND MOST ADVANTAGEOUS BID AND SAID CONTRACT, AND MODIFICATION THEREOF,
HAS BEEN HERETOFORE DULY EXECUTED BY SAID CITY OF CORPUS CHRISTI AND HELDE14FELS
BROTHERS AND IS DATED JULY 12, 1954 AND NOVEMBER 3, iQ541 AND THE PERFORMANCE
BOND REQUIRED BY SAID CONTRACT HAS BEEN PROPERLY FUR141SHED BY SAID HELDENFELS
BROTHERS, AND ACCEPTED BY SAID -,ITY 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 CUASED THE DIRECTOR OF PUBLIC
WORKS TO PREPARE AND FILE ESTIMATES OF THE COST OF SUCH IMPROVEMENTS AND
ESTIMATES OF THE AMOUNT PER FROI'T FOOT PROPOSED TO BE ASSESSED AGAINST THE
PROPERTY ABUTTING UPON EIGHTEENTH STREET, 14APLES STREET AND BALOWIN BOULEVARD
WITHIN THE LIMITS HEREIN DEFINED, TO BE It1PPOVEO, AND THE REAL AND TRUE
OWNERS THEREOF, AND SAID DIRECTOR OF PUBLIC 1:ORKS HAS HERETOFORE FILED SAID
ESTIMATES AND A STATEMENT OF OTHER MATTERS RELATING THERETO WITH SAID CITY
COUNCIL, AND SAME HAS DEEH RECEIVED, EXAMINED AND APPROVED BY SAID CITY
COUNCIL; AND
IdHEREAS, SAID CITY COUNCIL, BY DULY ENACTED ORDINANCE DATED NOVEMBER
19554, DID DETERMINE THE NECESSITY OF LEVYING All ASSESSMENT FOR THAT PORTION
OF THE COST OF CONSTRUCTING SAID IMPROVEMENTS ON EIGHTEENTH STREET, NAPLES
STREET AND BALDWIN BOULEARD WITHIN THELIHITS HEREIN DEFINED, TO BE PAID BY
THE ABUTTING PROPERTY AND THE REAL AND TRUE OWNERS THEREOF, AND DID ORDER
AND SET A HEAPING TO BE HELD AT 3:00 O'CLOCK P. H. ON NOVEMBER 17, 1954, 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, AIID 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 A`ID 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
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ANY ERROR, INVALIDITY, IRREGULARITY OR DEFICIENCY IN ANY PROCEEDINGS OR CON-
TRACT, TO APPEAR AND BE HEARD IN PERSON OR BY COUNSE1. 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 STREETS, WITHIN THE LIMITS
DEFINED, BY PUBLICATION IN THE CORPUS CHRISTI TIMES, THE OFFICIAL NEWSPAPER
OF THE CITY OF CORPUS CHRISTI, A NEWSPAPER PUBLISHED III THE CITY OF CORPUS
CHRISTI, TEXAS, OF GENERAL CIRCULATION, SAID NOTICE TO BE PUBLISHED IN SAID
NEWSPAPER AT LEAST THREE (3) TINES PRIOR TO THE DATE OF SAID HEARING, THE
FIRST PUBLICATION OF WHICH TO BE AT LEAST TEN (10) 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 110TH
LEGISLATURE OF THE STATE OF TEY.AS, KNOWN AND SHCWN AB ARTICLE liOS -B OF
VERNON'S ANNOTATED CIVIL STATUTES OF TEXAS; AND
I.-IHEREAS, SAID CITY COU14CIL 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' IIRITTEN REPORT, ANO PROVIDING THAT SAID LIST OF APPARENT
OWNERS AND THE DESCRIPTIONS OF SAID PROPEI.TIES, 50 INCLUDED SHALL BE CUMU-
LATIVE OF AND III 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 PROPERTY 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
UHEREAS, SAID NOTICE AS ORDERED AND DIRECTED BY SAID CITY COUNCIL
AIID AS REQUIRED BY SAID A TS AND CHARTER OF SAID CITY AS ABOVE IDENTIFIED, WAS
DULY GIVEN PUBLICATION OF SAME IN THE CORPUS CHRISTI TIMES, A NEWSPAPER PUB-
LISHED IN THE CITY OF CORPUS CHRISTI, TEXAS, ON NOVEMBER 6, 1954; NOVEMBER 9,
1954, AND NOVEMBER 16, 1954, SAID NOTICE SO PUBLISHED HAVING INCLUDED THEREIN
A LIST OF THE APPARENT OWNERS AS SET OUT IN SAID DIRECTOR OF PUBLIC WORKS'
WRITTEN REPORT AS DIRECTED IN THE AFORESAID ORDINANCE; AND
-3-
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 NOVEMBER. 17, 1954, AT
3 :00 O'CLOCK P. II. IN THE COU14CIL - HAMBER OF THE CITY HALL IN THE CITY OF
CORPUS CHRISTI, TEXAS, IN ACCORDANCE WITH SAID ORDINANCE AND NOTICE, AT
WHICH TIME AN OPPORTUNITY WAS GIVEN TO ALL SAID A30VE MENTIONED PERSOIIS,
FIRMS, CORPORATIONS AND ESTATES, THEIR AGENTS AND ATTORNEYS, TO CE HOARD
AND TO OFFER EVIDEN :E AS TO ALL HATTERS IN ACCORDANCE WITH 5410 ORDINANCE
AND NOTICE: AT WHICH TIME THE FOLLOWING APPEARED AND OFFERED THE FOLLOWING
TESTIMONY:
MAYOR CALLAWAY ANNOUNCED A PUBLIC HEARING FOR THE PURPOSE
OF ASCERTAININS THE BENEFITS TO BE HAD BY THE PROPERTY
OWNERS ABUTTING EIGHTEENTH STREET FROM THE SOUTH PROPERTY
LINE OF LOUISIANA STREET TO THE NORTH PROPERTY LI',E OF
NAPLES STREET, NAPLES STREET FROM THE NORTHEAST PROPERTY
LINE OF BALDOIN BOULEVARD TO THE SCUTHEEST PROPERTY LINE
OF EIGHTEENTH STREET AND BALDWIN BOULEVARD FROM THE SOUTH -
WECT PROPERTY LINE OF EIGHTEENTH STREET TO THE NORTHEASTERLY
EXTENSION OF THE SOUTHEAST PROPERTY LINE OF BALDWIN PARK,
AN ADDITIO14 TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY,
TEXAS, DY VIRTUE OF PAVING AND IMPROVING SAID STREETS AND
THE CONSTRUCTION OF SIDEWALKS, CURBS AND GUTTERS THEREON,
THE HEARING BEING HELD IN ACCOPDANCE WITH THE NOTICE GIVEN
UNDER THE TERNS OF ORDINANCE NG. 3912, PASSED BY THE CITY
COUNCIL AT ITS REGULAR HEETIIIG 011 POVEilGER 3, 1J54.
M.R. DPAHN JONES, DIRECTOR OF PUBLI,: WORKS, APPEARED AND
IN RESPONSE TO QUESTIONS BY THE CITY ATTORNEY TCSTIFIED
THAT HE WAS FAMILIAR. WITH THE PLANS AND SPECIFICATIONS FOR
THE IMPROVEMENTS TO BE MADE ON EIGHTEENTH STREET FROH THE
SOUTH PROPERTY LINE OF LOUISIANA STREET TO THE NORTH PROPERTY
LINE OF NAPLES STREET, NAPLES STREET FROM THE NORTHEAST PROPERTY
LINE OF BALDWIN BOULEVARD TO THE SOUTHWEST PROPERTY LINE OF
EIGHTEENTH STREET AND BALDWIN BOULEVARD FROM THE SOUTHWEST
PROPERTY LINE OF EIGHTEENTH STREET TO THE IlORTHEASTEPLY EX-
TENSION OF THE SOUTHEAST PROPERTY LINE OF BALDWIN PARK, AND
THAT SAID IMPROVEMENTS CONSISTED OF
PEP MANENT PAVING, WIDENIVG
OF PAVING AND CONSTRUCTION OF PAVING ON SAID STREETS. HR.
JONES FURTHER STATED THAT THE CALCULATIONS 3H0'UN IN SAID
NOTICE WERE CORRECTLY CALCULATED.
CITY MANAGER RUSSELL E. McCLURE CALLED THE ATTENTION OF
THE COUNCIL TO THE FACT THAT THE PROPERTY DESCRIBED AS
LOTS 38 THROUGH 20 IN BLOCK A OF BONITA ADDITION IS
SHOWN IN THE PRINTED NOTICE AS BEING ZONED °R -2 ", OUT
WAS CALCULATED AT THE RATE OF BUSINESS PROPERTY, AND THAT
THE FOLLOWING CORRECTIONS SHOULD BE MADE IN THE RCSPECTIVE
PROPERTY:
LOTS 38 THROUGH 34 REDUCED FROM a1,g34.12 TO $808.59
LOTS _Q7_, 32 a 31 REDUCED FROM VA. 87 TO ,';S3-17
LOTS 30 THROUGH 20 REDUCED FROM y2,521.18 TO A1,588.30.
:IGTION WAS HARE, SECONDED AND PASSED THAT SUCH RECOMHENDATION
BE CARRIED OUT AND SUCH REDUCTIONS BY MADE.
MR. BRUNO htORGA?; hIR. ICJ. A. COOPER ANO HR. ROY CALO'.:ELL
APPEARED AND IN RESPONSE TO QUESTIONS BY THE CITY ATTORNEY
EACH TESTIFIED FOR HIMSELF, THAT HE WAS NOQ AND HAD BEEN
FOR A NUMBER OF YEARS, ENGAGED IN THE REAL ESTATE D'JSINESS
I:! THE CITY OF CORPUS CHRISTI, A'ID THAT HE WAS FAMILIAR
llITN THE REAL ESTATE AND PROPERTY VALUES GENERALLY IN SAID
` CITY, AND PARTICULARLY WITH SOME OF THE PROPERTIES ABUTTING
UPON EIGHTEENTH STREET FROM THE SOUTH PROPERTY LINE OF
LOUISIANA STREET TO THE NORTH PROPERTY LINE OF NAPLES STREET,
NAPLES STREET FROM THE NORTHEAST PROPERTY LINE OF BALDWIN
BOULEVARD TO THE SOUTHWEST PROPERTY LINE OF EIGHTEENTH STREET
AND BALDWIN BOULEVARD FROM THE SOUTHUEST PROPERTY LINE OF
EIGHTEENTH STREET TO THE NORTHEASTERLY EXTEII31011 OF THE SOUTHEAST
PROPERTY LINE OF BALDWIN PART:, Ai, ADOITIOJ TO THE CITY OF
CORPUS CHRISTI, NUECES COUNTY, TEXAS; THAT HE WAS FA141LIAP
WITH THE TYPE AND CHARACTER OF SAID PROPOSED IMPROVEMENTS,
AND THAT III HIS OPINION EACH AND EVERY PARCEL OF PROPERTY
ABUTTING UPOJ SAID STREETS, W17HIN SAID L1141TS TO BE 1:4-
PROVED, WILL BE SPECIALLY BENEFITED AND ENHANCED IN VALUE
AS A RESULT OF THE CONSTRUCTION OF SAID IMPROVEMENTS UPON
SAID STREETS UPON WHICH IT ABUTS, AND THAT THE A14OU14T OF
SUCH SPECIAL BENEFITS BY ENHANCEMENT IN VALUE WILL BE, IN
EACH INSTANCE IN EXCESS OF THE AMOUNT ASSESSED PER FRONT
FOOT THEREOF.
THERE BEING NO FURTHER TESTII:OIIY OFFERED OR ANY FURTHER PANTIES
' APPEARI'IS TO BE HEARD, UPON PROPER, 140'iION2 DULY SECONDED AND UIIANItIOUS�Y
CA P.RI ED, THE SAID HEARING WAS DECLARED CLOSED; AI;D
WHEREAS, NO FURTHER PARTIES APPEARING AND NO FURTHER TESTIMONY
DEING OFFERED AS TO THE SPECIAL BENEFITS III RELATION TO THE E� :HANCED VALUE
OF SAID ABUTTING PROPERTY AS COMPARED TO THE COST OF THE ItIPP.OVENENT OF
SAID PORTION OF SAID STREETS PROPOSED TO BE ASSESSED AGAI:IST SAID PROPERTY,
OR AS TO ANY EP.RORS, IIIVALIDITIES OR IRRCGULARITIES, IN THE PROCEEDINGS OR CON-
TRACTS HERETOFORE HAD IN REFEREACE TO THE IMPROVEMENTS OF SAID STPEETS; AND
WHEREAS, SAID CITY COUNCIL HAS HEARD EVIDENCE AS TO THE SPECIAL
BENEFITS AND ENHANCED VALUE TO ACCRUE TO SAID ABUTTIG PROPERTY, AND THE REAL
AI:D TRUE OWNER OR OWNERS THEREOF, AS COMPARED WITH THE COST OF MAKING SAID
IMPROVEMENTS OW SAID STREET, WITHIN THE LIMITS ABOVE DEFINED, AND HAS HEARD
ALL PARTIES APPEARING AND OFFERING TESTIMONY, TOGETHER WITH ALL PROTESTS AND
OBJECTIOi1S RELATIVE TO SUCH MATTERS AI:D AS TO ANY ERROP.S, INVALIDITIES OR
IREGULARITIES IN At,Y OF THE PROVEEOINGS A'ID CONTRACT FOP. SAID IMPROVEMENTS,
AND HAS GIVEII A FULL AND FAIR HEARING TO ALL PARTIES MAKING OR DESIRING TO
MAKE A'IY SUCH PROTEST, OOJECTIOH, OR OFFER TESTIMONY AND HAS FULLY EXAMII:ED
AND CONSIDERED ALL EVIDENCE, MATTERS, OBJECTIO14S AND PROTESTS OFFERED AND
BASED 'UPON SAID EVIDENCE, TESTIMONY A14D STATEMENTS, SAID CITY COU14CIL FINDS
THAT EACH AND EVERY PARCEL OF PROPERTY ABUTTING UPON EIGHTEENTH STREET,
NAPLES STREET AND BALDWIN BOULEVARD, WITHIN THE LIMITS TO BE IMPROVED
AS HEREIN DEFI:.ED, WILL BE ENHANCED 114 VALUE AND SPECIALLY BENEFITED BY
THE CD,ISTRUCTION OF SAID IMPROVEMENTS UPON THE SAID STREM UPOtl WHICH SAID
PROPERTY ABUTS, III AN AMOUNT IN EXCESS OF THE AMOUNT OF THE-COST OF SAID
IMPROVEMENTS PROPOSED TO BE, AND AS HEP.EIIISELOW ASSESSED AGAINST EACH AND
EVERY SAID PARCEL OF ABUTTING PROPERTY, A- THE REAL AND TPUE OWNER OR OWNERS
THEREOF, AND SAID CITY COUNCIL DID CONSIDER AND CORP.CCT ALL ERRORS, iNVALIDITIES
OR DEFICIENCIES CALLED TO ITS ATTEHTI011 AND DID FIND THAT ALL PROCEEDINGS AIID
CONTRACTS WERE PROPER Ai:O III ACCORDANCE WITH THE CHARTER OF SAID CITY Ai.D
THE LAWS OF THE STATE OF TEXAS, UNDER WHICH THESE PROCEEDI'JGS WERE BEING
HAD, AND THE PROCEEDINGS OF SAID CITY ZOUNCIL HERETOFORE HAD WITH REFERENCE
TO SUCH IMPROVEi1ENTS, AND IN ALL RESPECTS TO BE VALID AI.D REGULAR; AND SAID
CITY COUNCIL DID FURTHER FIND UPON SAID EVIDENCE THAT THE ASSESSMENTS HERE][!-
BELOW HADE AND THE CHARGES HEREBY DECLARED A3AI,iST SAID ABUTTING PROPERTY ON
SAID EIGHTEENTH STREET, NAPLES STREET A'ID BALDWIN BOULEVARD, AND THE REAL
AIID TRUE OWIIER OR OWNERS THEREOF, ARE JUST A'iD EQUITABLE AND D10 ADOPT THE
RULE OF APPORTICNNENT SET FORTH BELOW AND THE DIVISION OF THE COST OF SAID
IMPROVEMENTS BETWEEN SAID ABUTTING PROPERTIES, AND THE REAL AND TRUE OWI.ER
OR OWNERS THEREOF, AS JUST AND EQUITABLE, AND AS PRODUCING SUBSTANTIAL
EQUALITY CO:;SIDERI110 THE BENEFITS TO BE RECEIVED AIID THE BURDENS IMPOSED
THEREBY, AND THAT ALL OBJECTIO.S AND PROTESTS SHOULD BE OVERRULED AND DENIED;
1101, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. THAT THERE BEING I10 FURTHER PROTEST OP. TESTIMONY FOR
OR AGAINST SAID IMPROVEMENTS, SAID HEARING GRANTED TO THE REAL AND TRUE
OWNERS OF ABUTTING PROPERTY 0:1 SAID STRCETS, WITHIN THE LIMITS ABOVE DEFINED,
AND TO ALL PERSONS, FIRMS, CORPORATIONS AND ESTATES, OtNING OR CLAIMING SAIIE
OR ANY INTEREST THEREIN, BE, ANO'THE SAME IS HEREBY CLOSED AND ALL PROTESTS
AND OBJECTIONS, WHETHER SPECIFICALLY MEIITIONED OR NOT, SHALL BE, AND THE
SAME ARE HEREBY OVERRULED AND DENIED.
SECTION 2. THAT SAID CITY COUNCIL HEREBY FINDS AND DETERMINES
UPON THE EVIDENCE HEARD IN REFERENCE TO EACH A140 EVERY PARCEL OF PROPERTY
ABUTTING UPON EIGHTEEIITH STREET, NAPLES STREET A140 BALDWIN BOULEVARD WITHIN
• THE LIMITS ABOVE DEFINED, THAT THE SPECIAL SEI4EFITS IN THE EIIHANCED VALUE
TO ACCRUE TO SAID PROPERTY AND THE REAL AND TRUE OWNER OR OWNERS THEREOF,
BY VIRTUE OF THE CONSTRUCTION OF SAID IMPROVEMENTS TO SAID PORTION OF
SAID STREETS UPON WHICH SAID PROPERTY ABUTS, WILL BE IH EXCESS OF THE
To
AMOUNT OF THE COST OF SAID IMPROVEMENTS AS PROPOSEDIBE, AND AS HEREIN
ASSESSED AGAINST SAID ABUTTING PROPERTY ANO THE REAL AND TRUE OWNERS THEREOF,
AND FINDS THAT THE APPORTIONHEIIT OF THE COST OF SAID IMPROVEMENTS, AND THAT
ALL ASSESSMENTS HEREIIISELOW MADE ARE JUST AND EQUITABLE AND PRODUCE SUB-
STANTIAL EQUALITY CONSIDERING THE BENEFITS RECEIVED AND THE BURDENS IMPOSED
THEREBY, AND ARE IN A=COP.DAN:E WITH THE LAW5 OF THE STATEOF TEXAS, AND THE ;HARTER
PIZOVISIO14 OF THE CITY OF CORPUS CHRISTI, TEXAS, AND THAT THE PROCEEDINGS ANO
CONTRACTS HERETOFORE HAD WITH REFERENCE TO SAID IMPROVEN�ENTS AR_ I.1 ALL RES-
PECTS REGULAR., PROPER AND VALID, ACID THAT ALL PREREQUISITES TO THE FIXmG
OF THE A5SESS'IC"IT LIENS AGAII'ST SAID ABUTTING PROPERTIES, AS HCREI'IACOVE
DESSnISED AI'O THE PERSONAL LIABILITY OF THE REAL AND TRUE OWNER OR OWNERS
THEREOF, WHETHER NAKED OR CORRECTLY NAMED HEREIN OR NOT, HAVE CEEN III ALL
THINGS REGULARLY RAO AHO PERFORMED III CCIIPLIA:CE WITH THE LAW, CHAPTER PRO-
VISIONS AND PROCEEDINGS OF THE SAID CITY COUNCIL.
SECTION D. THAT IN PURSUANCE OF SAID ORDIi.ANCC, DULY EVA_TEJ BY
SAID CITE COUNCIL, AL'THOPIZING AND ORJERIOCG THE IMPROVEMENT OF EIGHTEENTH STREET,
NAPLES STREET AND BALDWIN BOULEVARD,
UITHh, THE LIMITS HEREINASOVE NAMED AND DEFIt.ED, AND III PURSUANCE OF SAID
PROCEEDIIGS HERETOFORE HAD AND ENACTED BY SAID CITY CCUNCI. IH REFERENCE TO
SAID IMPROVEMENTS AND BY VIRTUE OF THE POWERS VESTED III SAID CITY WITH RES-
PECT TO SAID STREET IMPROVEMENTS BY THE LAWS OF THE STATE OF TEXAS AID THE
CHARTER OF SAID CITY, WITH PARTICULAR REFERENCE TO CHAPTER. 100 OF THE ,..TS
OF THE FIRST CALLED SESSION OF THE 40TH LEGISLATJRE OF THE STATE OF TEXAS,
KNOWN AND SHOWN AS ARTICLE 110,"-3 OF 3/E RN ON 'S ANNOTATED CIVIL STATUTES OF
TEXAS, AS ATTENDED, THERE SHALL BE, AND IS HERESY LEVIED, ASSESSED A'7D TAXED
AGAINST THE RESPECTIVE PARCELS OF PROPERTY AOUTTING UPON SAID PORTION5CF SAID
STREETS AND AGAINST THE REAL A'40 TRUE OWNERS THEREOF, IIHETHER SUCH REAL A'ID
TRUE 01114ER OR OWNERS BE NAMED OR CORRECTLY NAMED HEREIN OR NOT, THE SEVERAL
SUMS OF MONEY HEREI.!BELOW MENTIONED AND ITEMIZED OPPOSITE THE DESCRIPTION
OF THE RESPECTIVE PARCELS OF SAID PROPERTY, THE NUMOER OF FRONT FEET OF EACH
AND THE SEVERAL AMOUNTS ASSESSED AGAI'IST SAME AND THE PEAL AND TRUE OWI.ER OR
OWNERS THEREOF, AND NAMES OF THE APPARENT OWNERS THEREOF, ALL AS CORRECTED
AND ADJUSTED BY SAID CITY COUNCIL, BEING AS FOLLOWS, TO -WIT:
i—HL ravlsu aom2sbMV
' Eighteenth St. & om Baldwin Blvd. fr Louisiana Ave.
-to the Extension of S. E. Boundary Line of Baldwin Park Subdivision, as shown
_
he -P1�s.
4 Type of Pavement 6" Hot -Mix Asphalt Base-& surface
Heldenfels Brothers Contractor '
Contract Date 'may l
56' Face to Face of Curbs Foot Roadway
x
CONSTRUCTION COST
ASSESSMMT RATE - PAVRAENT, CURB & OUT= AND SIDEWALK
yg
Cost of Curb & Gutter per Linear Foot $1.50
$5.77565 Residential Rate per Front'Foot
b Cost of Sidewalk per Square Foot $0.34
$9.04426 Business Rate per Front Foot
Cost of Pavement per Square Yard $2.8286
Based on 56 Feet of Street Width.
Block
Lot
Length o
Type
Depth of
Access
Lines Ft.
Per Cent oP
Aseesemen
Amount
Total
Property Owner
Name of Addition
Bu>mbe
Number
Abutting
of
Ownership
to
oP
Paving Rate
Before
of
Assessment
Property
Zoning
from titre
St.
Improvement
Chargeable
AdjuAment
Adjustment
'
y Georgia Platis
P. A. Cliffs
1606A
224.79
B -3
224.79
100
2033.06
S
B. Zweig
P. A. Cliffs
15o6A
1,2,3,& 4
100
A -2
100.00
loo
904.43
B. Zweig IP
P. A. Cliffs
15o6A
5 thru 18
204.32
B -3
204.12
100
1846.11
,
4
i
Public Works Department - Engineering Division
Corpus Christi, Texas
Compiled by SHD 10 -27 -54
Checked by RLO 10 -28 -54
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Checked by RLO 10 -28 -54
i
3
]fg{
f
n
FINAL P -PAVING'ASSESMcBT
- — �'ig—teenth-st, & -Ba7dvin -Blvd,
- --from
Lrnrisinna Ave, to-the Satension of S.E. Boundary
of Haldain Psrk Subdivision;as shown 112_
Length ol
butting
Property
Type
of
zoning
Depth of
Ownership
From St.
the Plans.
Type- of-Pavement- 6" Hob -Mtr Asphalt Base & 3m7kce -
3jeldenfels Brothers Contractor
Contract Date duly 12, 1954
(TOUR HIMTT(M O RP
Amount
of
Adjustment
60, u" " V.—
AffiSEq,%MP RAM - PAVF1,M,
,.r Curha Foot Roadway ,
COMA & .INTER AM SIMMAT.x
. Glendale
Cost of Curb & Gutter per Linear Foot
$1.50
$5.77565
Residential Rate per Frost Foot
Cobt of Sidewalk per Square Foot
$0.34
$9.53156
Businesp Rate per Front Foot -
Cost of Pavement per Square Yard
$2.8286
Based on
60 Feet of Street Width. ,
Property Owner
Name of Addition
Block
Humber
Lot
Number
Length ol
butting
Property
Type
of
zoning
Depth of
Ownership
From St.
lkccess
to
t.
Linear Ft.
of
Improv
Per Cent o
of
Improvemen
Aesessmen
Before
Adjustmeh
Amount
of
Adjustment
Total ,
Assessment '
Willie Mae Ingrtmg
. Glendale
3
9
59
R 1
125
No
59.00
25
85.19
Carl E.Gustsfson 3.
"
3
8
59
R 1
725
No
59
25
85.19
Alvin Cothera 1.
3
7
59
R 1
125
No
59
25
85.19
T. M. Brown 3.
3
6
59
R 1
125
No
59
25
85.19
Ted W.Hutchinsoa 1.
"
3
5
59
R 1
125
No
59
25
85.19
Truett K.Whitmirel.
3
4
59
R 1
125
No
59
25
85.19
A.B.Stephens 1.
1.
3
3
59
R 1
125
No
59
25
85.19
A.M.&Louise F.
,
•IC7aerner E
3
2
59
R 1
125
No -
59
25
85.19
E.L.Caldve l,Tr.E
"
3
1
69
R 1
125
No
69
25
99.63
NDALE DR
T. O.Kyyendall E
"
1
23
310
R 1
70
Yes
110
70
444.73
,
Alley (City) E
"
1
20
`-
Humble Oil &
Ref. Co. E
"
1
1 & 2
105
B 3
105
100
1000.81
Public Works Department - Engineering Division Compiled by SHIM 10/27/54 Checked by RLO 10/20/54
Corpus Christi, Texas
�1
t y�
F
't
r/A/AL -YSY raven. ewn65-g� ,
Eighteenth -zt. & Baldwin Blvd, from Louisiana Ave, to the Extension of S. 1p.,Bouridary Line of Baldxin -Park S*ivision, "as. stOvu .
Type of Pavement 6" Hot -Mix (alt Base & Surface
Contract Date Sul- 12- 1954-'
CONSRBDCTION COST
Coat of Curb & Gutter per Linear Foot $1.50
Coat of Sidewalk per Square Foot $0, R4
Cost of Pavement per Square Yard t2,8286
Heldenfels Bros.
Contractors
v
60' Fhee to Face
of 0-b- Foot Roadway
ASSFSSMEMP RATE - PAVEMENT.
CDsB & GUTTER AND SIDEWALK
Depth of
ership
ffrom Stre
Access
to
.St.
$5.77565
Residential Rate per Front Foot
9.54156
t
Business Rate -•yer Front Foot �
'Total
Asaessmet ,
Based on 6o
Feet of street Width. '
Property Owner
Name of Addition
Block
Number
Lot
Number
Length of
sitting
?roperty
Type
of
Zoning
Depth of
ership
ffrom Stre
Access
to
.St.
Linear Ft.
of
Improvement
Per Cent o
Paving Rate
Chargeable
sessment
Before
Adjustment
Amount
of
Adjustment
'Total
Asaessmet ,
SOUI
I STAPLEN
STEM IE
MSECTI
R. H. Hoatutler W
Arcadia
1
5 & 6
347.89
R 1
347.89
loo
2009.29
.
'
M. G. Lee E
Caruthers
1506
•5 & 6
246.95
R 1
246.95
100
1426.30
Robert F.GruebarH
1506
7
60.
R 1
60.
100
346.54
Todd Tilton E
"
1506
8
60
R 1
60.
100
346.54
KAPIM
STREET
N
Del Mar College W
Southmoreland
Blur.
z HHigh
1165
R 1
1165
100
6728,63
i
Del Mar College W
"
-
" "
100
B 3
100
100
953.16
Weatminister E
Presbyterian Chure
h Glendale
3
13
206.57
R 1
100
No
206.57.
25
298.27
t
,
3
13
57.00
R 1
206.57
Yes
57.00
100
329.21
-
"
3
13
30.00
8 1
30.00
100
173.27
t
E
"
3
12
59
R 1
125
No
59.00
25
85.19
}
Olin Reeves E
3
32
59
R 1
125
No
59.00
25
85.19
�
P
Vicente Lozano, S
E
.
"
3
10
59
R 1
125
No
59.00
25
85.19
Public Works Department - Engineering Division
Corpus Christi, Texas
Compiled by SND 10L27/54 Checked by RLO 1054
c�i*iO•ro
S
e
,z
Xj#xteenth St. & Baldwin UVd. -from Louisiana Ave. to the Extension of S. E. Bomdary Line of Baldwin Park "Subdivisioni-te -shown
In Tne P amens,
Type of Pavement 6" Hot -Mix Asphalt Base & Surface Heldenfels Brothers Coatractor-
Contract Date duly 12, 1954 60' Face to Face of Curbs Foot Roadway
V COHSTRDOTION COST AMHOM NT RAT$ - PA7MffiPT CURB & GUTTER xn 4YnnF!.fnT$
Cost of Curb & Gutter per Linear Foot $1.50 $5.77565 Residential Rate per Front Foot
Coat of Sidewalk per Square Foot $a-4 - ,$9.54156 Business ,Rate per Front Foot
9@921= 1D 82Bh Based on 60` Feet of Street Width. I
Cost of Pavement per $ X
Property Owner
Name of Addition
Block
Number
Lot
Number
'
Length a
Abutting
Property
Type of
Zoning
Depth of
ownership
from St.
Access
to
Street
Linear Ft.
of
Improvement
Per Cent of
Paving Rate
Chargeable
Assessment
Before
Adjustment
Amount
of
Adjustment
Total: ;
Assessment
-
AMS S
MMT INTO
SECTION
T.P. McCord Tr. W
A Portion of Lotl6
Sec.L,
Paisley 8/1
143
-B -3
75
143
100
1363.01
W
" "
" "
488.37
R 2
75
488.37
100
282o.65
H. H. Edwards E
Bonita
6
1
121.5
B 3
121.5
100
1158.08
Alley (City)
"
20.
Y
Eunice McCord Sims
E. "
A
38 thru 34
14o
R 2
105
140
100
83
4
Dr.o.B.Vaugban 8
"
A
33,32 & 31
75
R 2
105
75
100
lk ;aq
#f #{
Boy Scouts of
/,588,30
=618
f
America E
"
A
30 thru 20
275
R 2
105
275
loo
PIG
O3
r. P. McCord Tr. W
A Portion of Lot 16
Sec.L.
Paisley S1.
393
R 2
393
100
-69.83
rack Winston W
" " " "
"
"
206.79
B 3
206.79
100
1971.03
Albert H. Kruse H
Bonita
4
L,2,3 & 4
140
R 2
100
140
100
808.59
Alley (City) E
12.35
0. H. Johnson E
Maretta Terrace
D
10 & 9
123.71
R 2
100
323.72
100
714.51
P ublic Works Department - Eogiueering Division Compiled by MD 1027/54 Checked by HLO 10/28/54-
Corpus Christi, Texas 3"bam 5 2 f
i,
F
..v.yc r re+vun. xc�sS7� �
-' i•- ghteent}y�t- ,_&--Taitwin Bivd.._ -from Luai-siana Ave. to the - Extgnsion of S. E. - Boundary Line of Baldwin Park Subdivision, as shown
in the Plan s.
Type -of Pavement 6" Hot -Mix Asphalt B se & Surface Heldenfels Brothers,
Contract Date •My IP, -1954 60' Face to Face of Curbs Fcot Roadway
CONSTRUCTION COST ASSffiSMENT RATE - PAVEMENT. CURB & GUTTER AND SIDEVALK
Cost of Curb & Gutter per Linear Foot $1.50 $5.77565 Residential Rate per Front Foot ,
Cost of Sidewalk per Square Foot $0.34 $9.53156 Business Rate per Front Foot '
Cost of Pavement per Square Yard $2.8286 Based on 60 Feet of Street Width.
Property Owner
Name of Addition
Block
Numbe
Lot
Number
Length o
Abutting
Property
of
Zoning
Depth of
Ownership
from St.
Access
to
Street
Linear Ft.
of
Improvemen
Per Cent of
Paving Rate
Chargeable
Assessment
BeforB
Adjustment
Amount of
Adjustment
Total
Assessment
TERRACE
STREET
W. H. Stahl E
Maaetta Terrace
A
12 & 13
123.7
R 2
100
123.7
100
714.45
Mable Crawford t
" "
A
11
123.7
R 2
50
123.7
50
357.22
t
k
F
d
TOTAL
ONTRACT COST LOUISI
TO
RAIDW3MN P
SUBD.,
I
$86,228
37
e•
}
TOTAL
LSSESSED TO PROPERTY
OWNME
(BEFORE AD
UST?4MMTS
34
84.50
COST T
CM (EXCLUDING AS
ES
S)
43.87
S,
Public Works Department - Engineering Division Compiled by AND 107/54 Checked by .wrn 1 n/2A4s�,
Corpus Christi. Texas
a
k
SECTION 4. BE IT FUR ER ORDAINED THAT IN THE EVENT THE ACTUAL
FRlot+T,Aft` 'ANY PROPERTY HEREIN ASSESSED SHALL BE FOUND UPON THE COMPLETION
OF SAID IMPROVEMENTS TO BE GREATER OR LE55 THAN THE NUMBER OF FEET HEREIN-
ABOVE STATED THE ASSECSIAE'-TS HERE114 SET AGAINST ANY SUCH PROPERTY AND AGAINST
THE REAL AND TRUE OWNER OR OWNERS THEREOF SHALL BE, AND THE SA14E ARE HEREBY
DECLARED TO BE INCREASED OR OCCREASED AS THE CASE MAY BE- IN THE PROPORTIO1
WHICH SAID EXCESS OR DEFICIENCY OF FRONTAGE SHALL DEAR TO THE WHOLE NUMBER
OF FRO14T FEET OF PROPERTY ACTUALLY IMPROVED IN ACCORDANCE WITH THE FRONT FOOT
RATE OF ASSESSIIEIIT HEREIN ADOPTED, IT BEING THE INTENTION THAT EACH PARCEL
OF PROPERTY AND THE REAL AND TRUE OWNER OR OWNERS THEREOF, ABUTTING ON
EIGHTEENTH STREET: NAPLES STREET AND BALDWIN BOULEVARD: WITHIN THE L114ITS
ABOVE DEFINED: SHALL PAY FOR SAID IMPROVEMENTS UDDER THE "FRONT FOOT RULE
OR PLAN", WHICH RULE OR P,AH 15 HEREBY FOUND AND DETERMINED TO BE JUST AND
EQUITABLE A14D TO PRODUCE A SUBSTANTIAL EQUALITY, HAVING IN VIEW OF THE SPECIAL
BENEFITS TO BE RECEIVED AND THE BURDENS IMPOSED THEREBY; AND IT 15 FURTHER
ORDAINED THAT UPON FINAL COMPLETION AND ACCEPTANCE OF SAID IMPROVEMENTS CH
EIGHTEENTH STREET, NAPLES STREET AND BALDWIN BOULEVARD, ALL CERTIFICATES
HEREINAFTER PROVIDED FOR, ISSUED TO EVIDENCE SAID ASSESSMENTS AGAINST SAID
PARCELS OF PROPERTY ABUTTING UPON SAID STREETS: AND THE REAL AND TRUE OWNER OR
OWNERS THEREOF: SHALL BE: ISSUED 114 ACCORDA'4CE WITH, AND SHALL EVIDENCE THE
ACTUAL FRONTAGE OF SAID PROPERTY AND THE ACTUAL COST OF SAID IMPROVEMENTS: THE
AMOUNT NAIIED 114 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 HERE114ABOVC 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 014 EIGHTEENTH STREET: NAPLES STREET AND PALOW114 BOULEVARD AND TIE
FINDINGS OF SAID DIRECTOR OF PUBLIC WORKS SHALL BE FIIIAL AND BjNOII:G UPON ALL
PARTIES CONCERNED.
SECTION 5. THAT THE SEVERAL SUITS MENTIONED ABOVE IN SECTIO:t 3
HEREOF ASSESSED AGAINST SAID PARCELS OF PROPERTY ABUTTING ON EIGHTEENTH STREET,
MAPLES STREET AND BALDW114 BOULEVARD: AND THE REAL AND TRUE OWNERS THEREOF,
, —Uw,
WHETHER NA14ED OR CORRECTLY NAMED HEREIII OR NOT, SUBJECT TO THE `PROVISIONS
OF SECTION 4 HEREOF, TOGETHER WITH INTEREST THEREON AT THE RATE OF FIVE
PER CENT (535) PER ANNUH WITH REASONABLE ATTORNEY'S FEES AND ALL COSTS AND
EXPENSES OF CO:.LECT1014, IF INCURRED, ARE HEREBY DECLARED TO BE AND If ADE 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: NOVEMBER 3, 1954, AND A PERSONAL LIABILITY '
AND CHARGE AGAINST THE REAL AHO TRUE OWNER OR OWNERS THEREOF, WHETHER OR
NOT SUCH OWNER OR oim EP.S BE NAMED OR CORRECTLY NAMED HEREIN, AND THAT SAID
LIEN SHALL BE ANO - ONSTITUTE THE FIRST AND PRIOR ENFORCIBLE CLAIM AGAINST THE
PROPERTY ASSESSED AND SHALL BE A FIRST AND PARAMOUNT LIEN SUPERIOR TO ALL
OTHER LIENS, CLAIMS OP. TITLE, EXCEPT FOR LAWFUL AD VALOREM TAXES; AND
THAT THE SUMS 50 ASSESSED SHALL BE PAYABLE AS FOLLOWS, TO -WIT: IN FIVE (5)
EQUAL INSTALLMENTS, THE FIRST OF WHICH WILL BE PAYABLE ON OR BEFORE TWENTY
(PO) DAYS AFTER THE COMPLETION OF SAID IMPROVEMENTS 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 (Z), 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 (5,71) 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
i RIGHT TO PAY OFF THE ENTIRE AMOUNT OF 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 DUE AND PAYABLE AND SHALL BE COLLECTIBLE TOGETHER WITH
REASONABLE ATTORNEY'S FEES AND ALL COSTS AND EXPENSES OF COLLECTION IF
INCURRED.
SECTION 6. THAT THE CITY OF CORPUS CHRISTI, TEXAS SHALL
NOT IN ANY MANNER BE LIABLE FOR THE PAYMENT OF ANY SUMS HEREBY VALIDLY
ASSESSED AGAINST ANY ABUTTING PROPERTYj 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 FURNISH 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 HELDENFCLS BROTHERS: OR THEIR 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 SCCURING 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 PAYMENTS AND TO AID IN THE ENFORCEMENT THEREOF ASSIGN-
ABLE CERTIFICATES SHALL BE 15SUED BY THE CITY OF CORPUS CHRISTI, TEXAS, TO
HELDENFELS BROTHERS UPON THE COMPLETION OF SAID IMPROVEMENTS III SAID
STREET AND ACCEPTANCE THEREOF BY SAID CITY COUNCILS WHICH CERTIFICATES SHALL
BE EXECUTED BY THE MAYORIN 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 AIID ACCEPTANCE OF THE
IMPROVEMENTS FOR WHICH THE CERTIFICATE IS ISSUEDj AND SHALL CONTAIN THE
NAMES OF THE APPARENT TRUE OWNER OR OWNERS AS ACCURATELY AS POSSIBLE AND
THE DESCRIPTION OF THE PROPERTY ASSESSED BY LOT AND BLOCK NUMBERS OR FRONT
FOOT THEREOF, OR SUCH OTHER DESCRIPTION AS MAY OTHERWISE IDENTIFY THE SAME
_ �, :,�t%sq.�c3S+. # §.r - _, s - ...m asy'ysFra^ti` +'s- �•.:
.... «r �.. a... a.Mw�+,a,+...- wuw�,a....�+�s.•• a „�..- .,.+rr�t�+ � - _ . - �w• t..,.._. .w_..
AND IF THE SAID PROPERTY SHALL BE OWNED BY AN ESTATE OR FIRM, THEN TO 50 r
STATE THE FACT SHALL BE SUFFICIENT AND NO ERROR OR MISTAKE IN DESCRIBING
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 THEIR
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 ATTORNEYS FEES AND ALL EXPENSES AND COSTS OF COLLECTION,IF IN-
CURRED, 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 ORDERED BY SAID CITY COUNCIL, TO -WIT:
NOVEMBER 31 1954, 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 THEIR 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 CERTIFICATES SHALL FURTHER RECITE IN EFFECT THAT ALL
THE PROCEEDINGS WITH REFERENCE TO MAKING SAID IMPROVEMENTS HAVE BEEN
6 REGULARLY HAD IN COMPLIANCE WITH THE LAW AND CHARTER IN FORCE IN SAID CITY
AND THE PROCEEDINGS OF SAID CITY COUNCIL OF SAID CITY,AND THAT ALL PRERE-
QUISITES TO THE FIXING OF THE ASSESSMENT LIEN AGAINST THE PROPERTY THEREIN
OESCRISED, OR ATTEMPTED TO BE DESCRIBED, AND THE PERSONAL LIABILITY OF THE
REAL AMC 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
f. °.:.Yv�:i ate•' , -. _ . .+r w
REQUIRED IN ANY COURT.
THAT ALL SAID CERTIFICATES MAY HAVE COUPONS ATTACHED THERETO
IN EVIDENCE OF EACH OR ANY OF THE SEVERAL IN5TALLMEIITS 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, TEXA S, SHALL EXERCISE ALL OF ITS LAWFUL POWERS'
WHEN REQUESTED 50 TO DO BY THE HOLDER OF SAID CERTIFICATES, TO A10 IN THE
ENFORCEMENT AND COLLECTION THEREOFy 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, B.T THE SUBSTANCE AND EFFECT THEREOF SHALL SUFFICE.
SECTION 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 ORNERS MAY NOT BE NAMED OR CORRECTLY NAMED, AND ANY IRREGULARITY
IN THE NAME OF THE PROPERTY OWNERS OR THE DESCRIPTION OF ANY PROPERTY OR
i=
THE AMOUNT OF ANY ASSESSMENTS OR IN ANY OTHER MATTER OR THING SHALL NOT IN
ANYWISE INVALIDATE OR IMPAIR ANY ASSESSMENT LEVIED HEREBY OR ANY CERTIFICATE
ISSUEDj AND SUCH MISTAKES OR ERRORS INVALIDITY OR IRREGULARITY WhETHER IN
SUCH ASSESSMENT OR IN THE CERTIFICATE ISSUED IN EVIDENCE THEREOFy MAY BED
BUT 15 NOT REQUIRED TO BED TO BE ENFORCIBLE, CORRECTED AT ANY TIME BY THE
SAID CITY COUNCIL OF THE CITY OF CORPUS CHRISTI] TEXAS. FURTHER, THAT THE
OMISSION OF SAID IMPROVEMENTS IN FRONT OF ANY PART OR PARCEL OF PROPERTY
ABUTTING UPON EIGHTEENTH STREET, NAPLES STREET AND BALDWIN BOULEVARD WHICH
15 EXEMPT FROM THE LIEN OF SAID ASSESSMENTS SHALL IN NO Yl15E EFFECT OR
IMPAIR THE VALIDITY OF ASSESSMENTS AGAINST THE OTHER PARCELS OF PROPERTY
ABUTTING UPON SAID STREET; 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
ASS OR LESS THANE THE ESTIMATES OF SAID ASSESSMENTS PREPARED BY THE DIRECTOR
Y OF PUBLIC WORKS AND APPROVED A14D ADOPTED BY SAID CITY COUNCIL AND ARE IN
ACCORDANCE WITH THE PROCEEDINGS OF SAID CITY COUNCIL RELATIVE TO SAID
IMPROVEMENTS AND ASSESSMENTS THEREFORE AND WITH THE TERMS POWERS AND
FROVISIONS 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 TEXAS2 UNDER WHICH TERMS, POWERS AND PROVISIONS SAID
PROCEEDINGSy SAID IMPROVEMENTS AND ASSESSMENTS WERE HAD AND MADE BY SAID
CITY COUNCIL
SECTION 9. THE FACT THAT EIGHTEENTH STREET, NAPLES STREET ANO
BALDWIN BOULEVARD HAVE BECOME AN IMPORTANT THOROUGHFARE AND CONNECTS
IMPORTANT THOROUGHFARES AND THE FACT THAT THE PRESENT C014DIT1014 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 CRDINANCE SHALL BE READ AT THREE (j) SEVERAL MEETINGS OF THE
CITY COUNCIL, AND THE MAYOR HAVING DECLARED THAT SUCH EMERGENCY AND
IMPERATIVE PUBLIC NECESSITY EXISTSy AND HAVING REQUESTED SAID CHARTER
RULE BE SUSPENDED AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE
OF ITS INTRODUCTIONS AND THAT THIS ORDINANCE TAKE EFFECT AND BE IN FULL
FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS 50 ORDAI
PASSED AND APPROVED THIS THE 0 (n DAY OF
A. D. 1554. �-�
MAYORTY OF 000. US CH P.ISTI� EXAS
ATTEST:
CITY SECRETARY �
APPROVED AS TO LEGAL FORM:
CITY ATTORNEY
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COR PUS•CXRISTIj TE .. XAS ��
Ate. 2l 1954
TO THE MEWER$ 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
FOP. THE SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORO.NANCE
V RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED,
AND THAT SUCH OPDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS
7f 1`4E CITY COUNCIL; I, THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID
CHAPTER RULE OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE
IT IS INTRODUCED, OR Al THE PRESENT MEETING OF THE CITY COUNCIL.
RESPECTFULLY,
MAYOR
CITY CORPUS HRI I, TE XAS
I THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: Y
P. C. CALLAWAY ,\
ELLROY ICING
JAMES S. NAISMITH
W. JAMES BRACE
l
F. P. PETERSON, JR
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING tTE:
P. C. CALLAWAY .fL -6
Y
JAMES KING
AMES S. NAI SMITH
W. JAMES BRACE
F. P. PETERSON, JR.�