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HomeMy WebLinkAbout04061 ORD - 01/19/1955AN ORDINANCE CLOSING THE HEARING GIVEN TO THE REAL AND TRUE OWNERS OF PROPERTY ABUTTING UPON BALDWIN BOULEVARD FROM THE - NORThEASTERLY EXTENSION OF THE SOUTHEAST PROPERTY LINE OF &WJIN PART, AN ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, TO THE EAST PROPERTY L114E OF PORT AVENUE, 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 IMPROVEMENT OF SAID STREETS .� WITHIN THE LIMITS DEFINED, AND AS TO ANY ERRORS, AND INVALIDITIES OR IRREGULARITIES IN ANY OF THE PROCEED- INGS OR CONTRACT THEREOF, OVERRULING AND DENYING ALL PROTESTS AND OBJECTIONS OFFERED, FINDING AND DETERMIN- ING THAT THE PROPERTY ABUTTING UPON BALDWIN BOULEVARD WITHIN THE LIMITS DEFINED WILL BE SPECIALLY BENEFITED AND ENHANCED IN VALUE IN EXCESS OF THE AMOUNT OF THE COST OF SAID IMPROVaIENTS PROPOSED TO BE, AND AS HEREIN ASSESSED AGAINST SAID PROPERTY ABUTTING UPON BALDWIN BOULEVARD AND LEVYING AN ASSESSME14T FOR THE PAYMENT OF A PORTION OF THE COST OF IMPROVEMENTS ON SAID STREETS WITHIN SAID LIMITS, FIXING A CHARGE AND LIEN AGAINST THE PROPERTY ABUTTING UPON SAID BALDWIN BOULEVARD AND THE REAL AND TRUE OWNER OR OWNERS THEREOF, PROVIDING FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES UPON THE COMPLETION AND ACCEPTANCE OF SAID WORK, THE MANNER AND TIME OF PAY1,92IT AND PROVIDING THE MANNER AND METHOD OF COLLECTION OF SAID ASSESSHENTS AND - CERTIFICATES; AND DECLARING AN EMERGENCY. - WHEREAS, The City Council of Corpus Christi, Texas, by duly enacted ordinance passed and approved on December 22, 1954 determined the necessity for, and ordered the improvement of Baldwin Boulevard within the limits hereinafter defined, in the manner and according to the plans and specifications heretofore approved and adopted by the City Council by ordinance dated December 22, 1954 , said portion of said street to be improved being as follows, to -wit: Baldwin Boulevard from the Northeasterly extension of the Southeast property line of Baldwin Park, an Addition to the City of Corpus Christi, Nueces County, Texas, to the East property line of Port Avenue, 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 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 _._.. , _... Abc�1 _ for the construction of said improvements to Heldenfels Brothers an its lowest and most advantageous bid and said contract, and modification thereof, has been heretofore duly executed by said City of Corpus Christi and Heldenfels Brothers and is dated July 12, 1954 and November 3, 1954, and the Performance Bond required by said contract has been properly furnished by said Heldenfels Brothers, and accepted by said City Council of said City as to form and amount as required by the Charter of said City and the laws of the State of Texas; and 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 Baldwin Boulevard 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, end same has been received, examined and approved by said City Council; and L.'f REAS, Said City Council, by duly enacted ordinance dated December 22, 1954 , did determine the necessity of levying an assessment o for that portion of the cost of constructing said improvements on Baldwin Boulevard 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 3:00 P.M., January 12, 1955 , 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 Y owning or claiming any interest in, or otherwise interested in said property, or any of said matters as to the assessments and amounts to be assessed against each parcel of abutting property and the real and true 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 contract, to appear and be heara 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, • -2- 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 (3) times 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 40th Legislature of the State of Texas, known and shown as Article 1105 -b of Vernon's Annotated Civil Statues 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 out in said Director of Public Works' written report, and providing that said list of apparent owners and the descriptions of said properties, so included shall be cumulative of and in addition to the requirements of said notice as required by law and shall not be conclusive as to the real and true owners or the descrip- tions 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 WHEREAS, Said notice as ordered and directed by said City Council and as required by said Acts and Charter of said City as above identified, was duly given publication of same in the Corpus Christi Times, a newspaper pub- lished in the City of Corpus Christi, Texas, on December 28, 1954, January 4, 1955 and January 11, 1955 , 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 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 January 12, 1955 at 3 o'clock p.M. in the Council Chamber of the City Hall in the City of Corpus Christi, Texas, in accordance with said ordinance and notice, at which -3- .araRSyMlMayspidw,�;r, . r . �h;ai ✓.'?�r`b:' "'r,^ . ^. n >.ry�r�' ...-- - tzv>xsrFM�is:::r" .. ., .., - ,�an'sr+'h+�+ts4rwl;n• - - t.t'r. nN+' TIME AN OPPORTUNITY WAS GIVEN TO ALL SAID ABOVE MENTIONED PERSONS, FIRMS, CORPORATIONS AND ESTATES, THEIR AGENTS AND ATTORNEYS, TO BE HEARD AND TO OFFER EVIDENCE AS TO ALL MATTERS IN ACCORDANCE WITH SAID ORDINANCE AI4D NOTICE, AT WHICH TIME THE FOLLOW114G APPEARED AND OFFERED THE FOLLOWING TESTIMONY: M.R. DRAHN JON -ES, DIRECTOR OF PUBLIC WORKS OF THE CITY OF CORPUS CHRISTI, DESCRIBED THE NATURE OF THE IMPROVEMENTS AND STATED THAT THE WIDTH OF PAVEMENT WOULD BE SIXTY (601) FEET FROM FACE TO FACE OF THE CURB, AND THAT THE IMPROVEMENTS INCLUDED CURBS, GUTTERS AND PAVEMENT, THE PAVEMENT BEING A FOUR AND ONE -HALF INCH (4 1/2') ASPHALTIC CONCRETE BASE WITH A 014E AND ONE -HALF (1 1/2 ") INCH CONCRETE SURFACE MATERIAL, RAKING A TOTAL OF 51X INCH (6") PAVING. HE FURTHER STATED THAT THE ASSESSMENT PROPOSED TO BE ASSESSED AGAINST EACH PROPERTY OWNER, ACCORDING TO THE ZONING OF EACH PAR- TICULAR, PIECE OF PROPERTY AND ACCORDING TO THE DEPTH PERPENDICULAR TO THE BALDWIN STREET RIGHT OF WAY WOULD BE AS FOLLOWS: FOR ALL PROPERTY ZONED R -1 OR R -2 (ONE AND TWO FAMILY DWELLING) ZONING) THE ASSESSMENT WOULD BE ON THE BASIS OF 05.77565 PER FRONT FOOT FOR ALL PROPERTY IIAV114G AN OWNERSHIP DEPTH OF ONE HUNDRED (1001) FEET OR MORE, AND THAT THE RATE FOR PROPERTY ZONED FOR OTHER THAN R -1 OP. R -2 USES WOULD BE AT THE RATE OF ^,9.53156 PER FRONT FOOT FOP. ALL PROPERTY HAVING A DEPTH OF ONE HUNDRED (1001) FEET OR HOVE. THAT ALL PROPERTY HAVING AN OWNERSHIP DEPTH OF LESS THAN ONE HUNDRED (1001) FEET AND MORE THAN FIFTY (501) FEET WOULD BE REDUCED ON A PRO RATA BASIS ACCORDING TO THE DEPTH, WITH FIFTY PERCENT (50,15) OF THE FULL RATE ASSESSED FOR PROPERTY HAVING A DEPTH OF FIFTY (509 FEET OR LESS. THE PAVEMENT PRO- POSED WILL BE CONSTRUCTED ON AND ALONG THAT PORTION OF BALDWIN BOULEVARD EX- TENDING FROM A POIIIT-ON LYNCH STREET, WHICH 15 THE NORTHEASTERN EXTENSION OF THE SOUTHEAST BOUNDARY LINE OF BALOVIN PARK. ADDITION TO THE EAST PROPERTY LINE OF PORT AVENUE. MR. J. A. C. BAKER, APPEARED AND STATED THAT HE WAS IN THE REAL ESTATE BUSINESS IN CORPUS CHRISTI AND HAD BEEN III SUCH BUSINESS IN CORPUS CHRISTI SINCE 1929, AND THAT HE AND HIS STAFF OF SALESMEN WERE ACQUAINTED WITH REAL ESTATE VALUES III CORPUS CHRISTI AND THAT HE WAS FAMILIAR WITH PORT AVENUE AND UNDERSTOOD THE NATURE OF THE PROPOSED IMPROVEMENTS. BEARING 114 MIND THE TYPE AND CHARACTER OF IMPROVEMENTS PROPOSED TO BE CONSTRUCTED AND AS OUTLINED BY MR. JONES, AND AS CONTAINED IN THE SPECIFICATIONS OF THE CONTRACT WITH HELDENFELS BROTHERS CONTRACTORS, MR. BAKER STATED THAT IT WAS HIS OPINION THAT EACH AND EVERY PIECE OF PROPERTY ALONG BALDWIN BOULEVARD IN THAT PORTION PROPOSED TO BE IMPROVED WILL BE ENHANCED IN VALUE AT LEAST AS MUCH AS THAT PORTION OF THE COST OF SUCH IMPROVEMENTS IS PROPOSED TO BE ASSESSED AGAINST THE ABUTTING PROPERTY. MR. BRUNO MORGAN APPEARED AND STATED THAT HE HAD BEEN ENGAGED IN THE REAL ESTATE BUSINESS IN CORPUS CHRISTI FOR TEN (10) YEARS AND THAT HE WAS FXIILIAR WITH BALDWIN BOULEVARD AREAS AND WAS FAMILIAR WITH THE ,PROPOSED IMPROVEMENTS AND THE RATE PROPOSED TO BE APPLIED FOR ASSESSMENT AGAINST EACH OF THE PROPERTY OWNERS ON THE BASIS OF ITS DEPTH AND WHETHER OR NOT THEY ARE RESIDENTIAL ZONED OR OTHERWISE ZONED. MR. MORGAN STATED AS HIS OPINION THAT THE PROPERTY ABUTTING BALDWIN BOULEVARD WITHIN THE AREA PRC- POSED TO BE IMPROVED WOULD BE ENHANCED IN VALUE AT LEAST THE AMOUNT PROPOSED TO BE ASSESSED AGAINST EACH OF THE ABUTTING PIECE OF PROPERTY IMPROVEMENTS. MR. FRED QUAILE APPEARED AND STATED THAT HE HAD BEEN ENGAGED IN THE REAL ESTATE BUSINESS IN CORPUS CHRISTI FOR THIRTY -TWO (32) YEARS DOING A GENERAL REAL ESTATE BUSINESS, AND WAS FAMILIAR WITH REAL ESTATE VALUES IN GENERAL IN CORPUS CHRISTI, AND THAT HE HAD MADE A PERSONAL INSPECTION OF THE PROPERTY ON AND ALONG BALDWIN BOULEVARD ON THAT PORTION OF BALDWIN BOULEVARD PROPOSED TO BE IMPROVED AND THAT HE WAS FAMILIAR WITH THE PROPOSED IMPROVE- MENTS AND THE RATES TO BE APPLIED AGAINST THE VARIOUS TYPES OF PROPERTY AS THEY OCCUR ACCORDING TO DEPTH AND ACCORDING TO ZONING. MR. QUAILE STATED THAT IT WAS HIS OPINION THAT THE PROPOSED IMPROVEMENTS WOULD ENHANC E THE VALUE OF EACH PARTICULAR PIECE OF PROPERTY ABUTTING BALDWIN BOULEVARD FAR MORE THAN THE AMOUNT OF THE ASSESSMENT. MR. HAROLD ALBERTS, MRS. D. W. WILSON MR. LIEDECKE AND MR. CARL WILLIAMS APPEARED AND MADE SUCH STATEMENTS AS THEY DESIRED. MRS. WILSON AND MR. LIEDECKE STATED THEY DID NOT WANT BALDWIN BOULEVARD.TO BE A WIDE STREET AND THAT THE COST OF THE PAVING WAS TOO HIGH. A COMPLETE TRANSCRIPT OF THE TESTIMONY IS ON FILE IN THE OFFICE OF THE CITY SECRETARY AS A PART OF HIS OFFICIAL RECORDS. SAID COMPLETE TRAFIS- CRIPT IS HEREBY MADE A PART HEREOF BY REFERENCE. f'krM ./vh`�?�AA: ! � .. SAT. ...r'nrp„+,.K' f•• , , Thera being no further testimony offered or any further parties appearing to be heard, upon proper notion, duly seconded and unanimously carried, the said hearing was declared closed; and ,*M -REAS, No further parties appearing and no further testimony Wing 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 streets; and Wh'EREAS, 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 improvement 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 contract for said improvements, and has given a fell 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 Baldwin Boulevard, within the limits to be improved as herein defined, will be enhanced in value and specially benefited by the construction of said improvements upon the said street upon which said property abuts, in an amount in excess of the amount of the cost 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 and correct all errors, icvalidities or deficiencies called to its attention and did find that all proceedings and contracts were proper and in accordance with the Charter of said City and the laws of the State of Texas, under which these proceedings were being had, and the proceedings of said City Council heretofore had with reference to such improvements, and in all respects to be valid and regular; and said City Council did further find upon said evidence ., u- oF;,ir'�R'ieH °i.v .r- ,- -.. ,.- rlti�_r,+,m »s r,'•••. : •'5:�.vs,v;[•4iZe thst'tfie assessments hereinbelow made'snd -the charges hereby declared against '•""•"'�'°'`• °"""""•"°'•"`"'• said abutting property on said Baldwin Boulevard, and the real and true owner or owners thereof, are just and equitable and did adopt the rule of apportion- ment set forth below and the division of the cost of said improvements between said abutting properties, and the real and true owner or owners thereof, as - just and equitable, and as producing substantial equality considering the benefits to be received and the burdens imposed thereby, and that all objec- tions and protests should be overruled and denied; NW, THEREFORE, BE IT ORDAINED BY Thn CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That there being nc further protest or testimony for or against said improvements, said hearing granted to the real and true owners of abutting property on said street, within the limits above defined, and to all persons, firms, corporations and estates, owning or claiming same or any interest therein, be, and the same is hereby closed and all protests and objections, whether specifically mentioned or not, 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 and every parcel of property abutting upon Baldwin Boulevard within the limits above defined, that the special benefits in the enhanced value to accrue to said property and the real and true owner or owners thereof, by virtue of the construction of said improvements to said portion of said street upon which said property abuts, will be in excess of the amount of the cost of said improvements as proposed to be, and as herein assessed against said abutting property and the real and true owners thereof, and finds that the apportionment of the cost of said improvements, and that all assessments hereinbelow made are just and equitable and produce substantial equality considering the benefits received and the burdens imposed thereby, and are in accordance with the laws of the State of Texas, and the Charter provision of the City of Corpus Christi, Texas, and that the proceedings and contracts heretofore had with reference to said improvements are in all respects regular, proper and valid, and that all prerequisites to the fisting of the assessment liens against said abutting properties, as herein- i t above described and the personal liability of the real and true owner or owners thereof, whether razed or correctly named herein or not, have been in all things regularly had and performed > compliance with the law, Charter pro- visions and proceedings of the said City Council, SECTION 3. That in pursuance of said ordinance, duly enacted by said City Council, authorizing and ordering the improvement of Baldwin Boulevard, within the limits hereinabove named and defined, and in pursuance of said proceedings heretofore had and enacted by said City Council in reference to said improvements and by virtue of the powers vested in said City with respect to said street improvements by the laws of the State of Texas and the Charter of said City, with particular reference to Chapter 106 of the Acts of the First Called Session of the 40th Legislature of the State of Texas, known and shown as Article 1105 -b of Vernon's Annotated Civil Statutes of Texas, as amended, there shall be, and is hereby levied, assessed and taxed against the respective parcels of property abutting upon said portion of said street, and against the real and true owners thereof, whether such real and'true olmer or owners be named or correctly named herein or not, the several sums of money hereinbelow mentioned and itemized opposite the description of the respective parcels of said property, the nw'aber of front feet of each and the several amounts assessed against same and the real and true owner or owners thereof, and names of the apparent owners thereof, all as corrected and adjusted by said City Council, being as follows, to -wit: t i 6 , • PAVIRG ASSA'SSMMT EIGHTEENTH SPREEP AND BALDWIN BLVD. FRDM'TIDS E7CPIIiSI017 OF THE S. E. 'BOUNDARY LINE OF HALI7WIN PARK SUBDIVISION TO PORT AVENUE AS SHONN'— — MANS: - TYPE OF PAVEMENT 6" EM -MM ASPHALT BASE AND SURFACE -MME[ MS'BRCPBERS CONTRACTOR CONTRACT-TATE July 12, 1954 -60' FACE— To FYtr or CURB FT. ROADWAY • CONSTRUCTION' COST ASSESSMENT -BATE & SIDEWALK MT -OF e[Hffi'7tt9H GtATER -PER L'INERR- $1:-50 $5.77565 RESIDENTIAL ". RATE PER FRONT FT. :� '�"b'ZDEWkLR`PER3HO1HiE `POOP '$0_-.34 9.53156 Business Rate per Front Ft. v.: OST OF FAVEMNT PER SQUARE YARD $2.9286 BASED ON 6o Feet of Street Width f. Property Owner ams of Addition lock Lot Length o Type Depth of Access Linear Ft. Per Cent of Assessment Amount Total 4 gzmber Umber Abutting of Ownership to of Paving Rate Before of aessment •• _ i 1'rspeerty moning fx Street Street Emprovement Chargeable Adjustment kdjustment .. AYERS STREET IPTPER ON _ W. T. Winston W. Baldvin Park 4 7 73.97 R -1 73.97 25 106.81 C., D. Defenbsugb W. - ° 4. 6 89.39 ' R -i 89.39 25 129.07 -Ramsland Dev. Co. W. 4 5 51.51 R -1 51.51 25 74.38 •H: 0.-Thompson W. 4 4 50. R -1 50 25 72.20 -am.. -A. Owens W. " 4 3 50 R -1 50 25 72.20 C.-R. Brewster W. " 4 2 50 R -1 50 25 72.20 Nailb nn White W. " 4 1 53 R -1 53 25 76.53' I.XBica BTREEr y -D. -Riggea E.- Tracy Addition 8 • %& 244 F 280 R -2 280 80 1293.75 MOM STRMT BEG== by -B• Fox W. wln'Park 5 1 53.58 R =1 53.58 25 77.37 .• ' "yi"pp• W.'Giassoa W. ^ 5 2 50 R -1 50 25 72•20 Public Works Department neering Division conp11u4d by t. L, K -• Checked by Corpus Christi, Texas - } ,t - ueyae�®cn� . Compiled 'by, E.G. Cb,�oksd by EIGRTEEMI STREET AND BALDWIN BLVD. FRON THE-MMENSION OF THE S. E. BOUNDARY LIRE " OF BALDWIN PARK SUBDIVISION TO PORT AVENUE AS - SHGw_VN- THE-PLANS; TYPE OF PAVEMMr -6"-NOT4MX'-ASP=- T'BASE`AND- 'SURFACE -BROTHERS CONTRACTOR 'CONMAi= -IIATL July 12, 1954 6O,-FACE-To FACE'-OF CURB FT. ROADWAY . CONSTRUCPIOH- COST ASSESS40T RATE - PAVBMMT, CURB AND -GU= & SIDEWALK - cOST'OF-- M -AND GUTTER PER LINEAR Foot $1.50- $5.77565 RESIDMIAL RATE- -PER FROND FOOT ,r COST OF -SlMVALK PM—SQUARE--FOM - -$0.34 $9.53156 -BUSINESS-RAM PER FRONT FOOT c "--COST OF PANEM= PER- SQCAIM-YARD - $2.8286 HAND ON 60 FEET OF STREET WIDTH rope y er name or on Block Lot Length of Depth or ccese Linear Ft. Per Cent of sessmea ua Number Number Abutting of Ownership to of Paving Rate Before of Assessment .1 Prove�.•tyv Ylosina from Street Street Imorovament Chargeable Adjustment kLiustme t - CL04DE STREET MMS=ON Jamw L. Colltnw --W: Bal6w±n Fvk 5 3 55 R =l 55 25 79.41 �. McCauley Sa. TM -5 4 55 R:1 55 25 79,41 -0, ff' W. " 5 5 50 R.1 50. 25 72.20 Bill G. MoNew' w+ " 5 6 50 R.1 50 25 72.20 ' •S. 0. Rowell W. " 5 7 50 R_2 50 25 72.20 -Alv L. Hrwa W. " 5 8 50 R -2 50 25 72.20 -' —yetts Reison W 5 9 53.58 M.2' 53.58 25 77.36 `May -D. Rigger E. Tracy Aida. 7s.xd.24� 280 R.2 130 280 100 1617.18 4 • EUZAM7H ST. INTERSEMON T4�?ison E. " 6 1 140 R.2 80 14o 80 646.87 itUrk. (City) E. " 6 20 20 --� ,ay�B.B:igg♦n E. TM 6 8_24 140 R -2 14o 100 808.59 ueyae�®cn� . Compiled 'by, E.G. Cb,�oksd by i EIGHIEENTH STREET AND BALDWIN BLVD. FROid THE'i9CPWi3I0N OF THE S. E. BOUNDARY LINE OF BALDWIN PARK SUBDIVISION TO FORT AVENUE AS 'BBONN"ON-m PLANS. TYPE- OF"PpV Mm- 6"-TOT --'= AMWM SASE' i4iU1 SURFACE CONTRACTOR - CONTRACT-DAM July 12, 1954 6U`- FACE -T0 -ntr-m CURB- FT. ROADWAY •�}` + -C1R0$COST I T -RATE i'AVEMBIPP> CURB -GUTTER &'STDa7x ! t COST OF -CURB- AND GUTTER PER LINEAR POOP $1.50 $5.77565 RESIDENTIAL RATS PER FRONT FOOT ' CO3T OF SIEEWAIK PER SQUARE FOOT $0.34 $9.53156 BUSINESS -RATE PER FRONT FOOT COST OF PAVE WT PER SQUARE YARD $2.8286 BASED ON 60 FEET OF STREET WIDTH Property Owner NAVE OF Addition Block lot Length of 'LyPe Depth of ccess Linear Ft. Per Cent of semen t Amolmt Total Number Number �ti*ng of Ownership to of Paving Rate Before of Assessment N Z tnR from Street- Street Improvement Chargeable Adjustment Adlustment BIGGAR STREET INTERSECTION ' - ',ram G. Cads W.'- B&3x1 +r -Park" -A 195 B.1- 195 100 1858.65 9almh Ellen CrockettW. " A 80 B-1 80 100 762.52 ' Cgrl Shelton & =Txmr, Turner E. Tracy Add. 5 1- w 14o R -2 80 140 80 646.87 Allay (City) E. ° 5 20 20 Tarmer 011 Co. E. " 5 24;0 140 B.1 140 100 1334.42 - Prescott Street Intersection No. I " Rloies T, Benavides W. Broadmoor Park 1 1 144 R -2 50 144 50 415,85 - P. -,D. Beaven W.• 1 2 144 R.1 50 144 50 415,85 e lmffreuee�•STates E. • - • Southwest Height 1 2 135 R.1 - 50 135 50 3a9•a6 - *1-1:07 (Cit y E. - " .. 1 18 R -1 18 'Adolph Baker E. " 1 15 135 R -1 50 135 50 389.86 �publio'Worki- Department . Engineering Division p Corpus -Chri /tip Ted Compiled by EL.. /'f Checked by Ci/�.'II .. i B EIGHTEEM STREET & nenwrnr BLVD. FRCM-TNLr1X'TffiZSION CF'-TBE S. -E. -BOUNDARY LINE OF BALDM PARK SUBDIVISION TO PORT AVENUE AS SO= ON TIM PLANS, TYPE-DF PAym= 6a--NOT =NIlX LT'HA'SE Am SURFACE 'RUXMD'M BROMMS OONRRACTOR COPTRACT"DATS- d1QY 12x 1954 60` FACE'TO FACE OF CURS VT. ROADWAY •'» -CONSTSU=M COST ASSESMMMT SATE - -PAVEMENT, CURB AND GUTTEE & SIDEWALK COSTtCF- -CURSE GUTTER­PER-IMM -FOOT $1.50 $5.77565 RF IMMIA RATR- PER FRONT FOOT TWSQUMM FOOD $0.34 $9.53156 WM PER -FRONT FOOT COST OF PAVMMT TER SQUARE YARD $2.8286 BASED ON - 60 FEET OF S"LEiEET WIDM Property OwneF ame of Lion Block Lot ' Number Number Length of Abutting YPe oP of Ownership ecese Lin ear r e Assessment ua t to °f a`3� �e Before of Property Zoning tYam Street Street Improvement Chargeable Adjustment Adjustment Assessment , - ' DAVID STREET nTTERMMON -iiee. Wayne & Una Wilson W. Broadmout M. No.l 8- 1 144- R -1 50 144 50- - 415.85 'Church- of 'Christ -W(00 . .�` '• ." " 8 24 144 R -1 50 144 ( 3 2870 Clam -P. Clemente —E-. 9autknob Heights -4 2 135 R -1 50 135 50 389.86 4 -18 18 Job3r ff±e==' -E. $anthwestHeights 4 15 135 R -1 -50 135 50 389.86 NiAOm STREET �1W7.'SRSE(.TI(� 8 r•Tgy11or McDwdels'4, r-Ft. 'No. 21 l.* 128.11 B.1 - -226.11 100 1221.09 1; . - aY�aee-3f-r Di:1NC�tth ^W. h " 1 24 12B.11 R-1 50 128.11. 50 369.96 Yes�ar Mm:-ft=trmalh 3aathaeat- fights 5 2 135 R.l 50 135 50 389.86 5 18 18- `r' 5 15 135 R1 50 135 SO 389,86 C6rpas Cbristi; Tenor Compiled by - . - E.L.A.... { >y. ehecxea by er ..... Y j SARITA STREET rAMUMION L 103.11 i RIGMME0TH STREET & BALDW7F BLVD. TYPS QF--PAVnMIr- 6-- HOT -MM A%MkW-BASE AND SURFACE cmcmAOT DAIS July 12, 1954 CONSMRUCFPON- COST - COST'OF CURB- AW GUTTES PER-LMWM FOOT $1.50 ;CM •N`,SI. IX FM sgvAHE -FOOT 7 COST C-PAVMM FM SQUARE YARD $2.8286 rropercy vwner IU=e of Addition Block Lot MYgt 0 FRW ME EXTENSION OF THE S. E. BOUNDARY T OF BALDWM PARR SUBDIVISION TO PORT AVENUE AS - SHOWIT-M THS'PLANS. HELDENFIIa BROTEM S CONTRACM 60-FAti-TO FACE - OF' CURB FT. ROADWAY ASSESS%= RAPS - PAVEYMU, CURB- AM GWM & SIDEWALK - 5.77565 RWICEN= FUM -PER' FRONT FOOT $9.53156 - BUSEMSS-TddS -PER FRORT FOOT BASED ON 6o FM! OF Sma= WIDTH inear er of Assessment Amouat Total Number Number Abutting or vwu = + =y+r to of Paving Rate Before of Assessment Property Zoning from Street Street Improvement Chargeable Adjustment Adjustment . SARITA STREET rAMUMION -} D.,1''. &i; Franke- W.-Broedmoor Bk.No.2 4 1 103.11 R -1 50 103.11 50 297.76 d Geu. Pi. Liedecker -/. 4 24 128.11 R -1 50 128.11 50 369.96 . a Wm.-­ E.'Brown --E. -Phillips - A 2 167.16 R -1 49 167.16 50 482.73 E. F- -Cm=dagb=' E. A 15 167.16 R -1 49 167.16 50 482.73 ' CLEO SnUM INTERSECTION Russeiti"iFlliiame •1i. David Brown N.262.44 x 69.02 248.2 R -1 248.2 100 1433.52 out of Tr. 3 & 4 T. D. Bolden W. 60 x 144.5 out of Tr. 3 60 R -1 60 ' 100 346.54 " -R.•At p1=01m. •-7i. -" " - --Part of'Tr. 3 132.35 R -1 132.35 100 764.41 , Gulf' 021-Corg. it. 150 B -3 150 100 1429.73 t Philli• Pet, Co. E. Phillips 66 ' r f,t, 8, & 7 436.69 R -1 436.69 100 2522'.17 ••�31eY ) - E. -- Roosevelt Fl. 5 20 20 -E. -Pl. Rpoaevalt 5 6 52.32 B =3 52.32 100 498.69 , c Works� • ` .t. en - vision amps Christi: Terms Compiled by E I K Chacked by PAVING ASSNSMM' EIGRTEENTH STREET & BALDWIN pub. MGM Tt18 EXTENSION OF THE S. E. BOUNDARY LINE " OF NALlt* PARK SUBDIVISION TO PORT [VENUE AS ' SHOWN ON THE PLANS. TYPE OF PAVEM&T 61HOT -DIIX ASPBALT BASE AND SURFACE HELbm,= EROT} 9 CONTRACTOR CONTRACT DATE July 12, 1954 .-- 661FACE To PACE OF CURB FT. ROADWAY + CONSTRUCTION COST ASBtS41EHT RATE - PAVMMT, CUES AND GUTTER & $IDEWWALK •COST OF CURB AND GUTTER PER LINEAR FOOT $1.50 $5. 7_7565 RESIDENTIAL RATE PER FRONT FOOT CC�tiT CP Tllh WALK PER SQVA�E FOOT '$O-34 $9.53156 Ri13INEp B= M FRONT FOOT COST OF PAVEMENT PER SBUARE YARD, $2.8286 BASED ON 60 FEET OF STREET WIDTH ` Property Owner Name of Addition Block ngth of p of ccess Linear Ft. Per Cent of Assessment Amount Number Number Abutting of Ownership to of. - Paving -Rate befo* `- of - • �. Property Zonis from Street Street Iwptavement Cbazgeairls Adjustmnmt Adjustment Assessment Total Contract Cost -From S. E. Line Baldwin Park Subdivision to Port Avenue, Unit 2 $101,594.38 Total Assessed to Property Owners (Before Adjustments) 24,468.63 Cost to City (Excluding Assessment Adjustments) $ 77,125.75 „zycc^3u"sr,�r'r�• xr..`•'n+y �3 - nrv, .,:'Y7' +• pew,,. :,aws� • , e�_.,,.. -amr.c a•- r.. <ra `*}rr+ +.+-s+-ra .••ws, � .. ... st- +rv++lr-- y..Jt+wY * -� - .» e - ..»r,.....+,. SECTION 4. 4. BE IT FURTHER ORDAINED that in the event the actual frontage of any property herein assessed shall be found upon the completion of said improvements to be greater or less than the number of feet herein- ” above stated the assessments herein set 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 on Baldwin Boulevard, within the limits above defined, shall pay for said improve- ments under the "FRCb ?T FOOT RULE OR PLANTI, which rule or plan is hereby found and determined to be just and equitable and to produce a substantial equality, having in view of 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 Baldwin Boulevard, all certificates hereinafter provided for, issued to evidence said assessments against said parcels of property abutting upon said street, and the real and true o,mer 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 Baldwin Boulevard and the findings of said Director of Public Works shall be final and binding upon all parties concerned. SECTION 5. That the several some mentioned above in Section 3 hereof assessed against said parcels of property abutting on Baldwin Boulevard, and the real and true 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 per cent (5%) per annum with reasonable attorney's fees and all costs and expenses of collection, if incurred, are hereby declared to be and made a first and prior lien upon the respective parcels of property, against which same are assessed from and after the date said improvements were ordered by said City Council, to-wit: December 22, 1954 , 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 orlitle, except for lawful ad valorem taxes; and that the sums so assessed shall be payable as follows, to -wit: 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 abuts, and acceptance thereof by the said City Council, the four (4) remaining installments to be due and payable, respectively, one (1), two (2), three (3), end 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 (5g) per annum, payable annually concurrently with each of said install- ments; past due installments of principal and interest to bear interest at the same rate per annum until paid; provided, however, that any oimer of such property shall have the 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 .-roperty, 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 enforce- ment 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 endorsed at the option of Heldenfels 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 securing same and the several sums assessed against the said parcels of property and the real and true owner or owners thereof, and the time and texas of payment, and to aid in the enforcement thereof, assignable certificates shall be issued by The City of Corpus Christi, Texas, to Heldenfels Brothers upon the completion of said improvements 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 improve- ments for which the certificate is issued, and shall contain the names of the apparent true owner or owners as accurately as possible, and the descrip- tion of the property assessed by lot and block number, or front foot thereof, or such other description as may otherwise identify the same, and if the said property shall be owned by an estate or firm, then to so state the fact shall be sufficient and no error or mistake in describing 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 attorney's fees and all expenses and costs of collection, if incurred, and said certificate shall set forth and evidence the personal liability of the • _ e .... aapad�aus,�•n•- . .• �. • S t+rrc reel 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: end shall provide in effect that if default shall be made In the payment thereof, the same may be endorced, 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 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 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 ana 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 all 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 reel 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 certificate issued, and such mistake, or error, invalidity or irregularity whether in such assessment or in the certificate issued in evidence thereof, may be, but is not required to be, to be enforcible, corrected at any time by the 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 Baldwin Boulevard which is exempt from the lien of said assessment, shall in no wise effect or impair the validity of assessments against the other parcels ' of property abutting upon said street; ana that the total amounts assessed against the respective parcels of property abetting upon said street, within the limits herein defined, and the real and true owner or owners thereof, are the same as, or less than, the estimates of saia assessments prepared by the Director of Public Works and approved and adopted by said City Council and are in accordance with the proceedings of said City Council relative to said improvements and assessments therefor, and with the terms, powers and provisions of said Chapter 106 of the Acts of the First - Called Session of the 40th Legislature of the State of Texas, known as Article 1105 -b of Vernon's Annotated Civil Statutes of Texas ana the Charter of the City of Corpus Christi, Texas, under which terms, powers and provisions said proceedings, said improvements and assessments were had and made by said City Council, SECTION 9. The fact that Balawi.n Boulevard 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 (3) several meetings of the City Council, and the Mayor having declared tnat such emergency and imperative public necessity exists, and having requested 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 cavil APPROVED this the of A. D. 195 S - Mayor City a£ Corpus Christi, `eras ATTEST: C1 y Secretary i APPROVED AS TO LEGAL FORM: City Attorney .N Mt�W+4 -.. - ' ,�'X.Y?�'t.L /•.. r�:J r � r :.�.arf -i. CORPU HRISTI, TEXAS 1955 TO THE 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, ' MAYOR CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: P. C. CALL AWAY ELLROY ICING JAMES S. NAISMITH C W. JAMES BRACE F. P. PETERSON, JR. "1 THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE' P. C. CAL LAW AY ELLROY KING JAMES S. NAISMITH 1 W. JAMES BRACE F F. P. PETERSON, JR.