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HomeMy WebLinkAbout04662 ORD - 10/31/1956AN ORDINANCE CLOSING THE HEARING GIVEN TO THE REAL AND TRUE OWNERS OF PROPERTY ABUTTING UPON THE PORTION OF SOUTH STAPLES STREET FROM THE SOUTHEASTERN BOUNDARY LINE OF HAMLIN DRIVE TO A POINT 853.7 FEET SOUTHEAST OF THE SOUTHEASTERN BOUNDARY LINE OF EVERHART ROAD, THE PORTION OF EMHART ROAD FROM THE SOUTHWESTERN BOUNDARY LINE OF SOUTH STAPLES STREET TO THE SOUTHWESTERN BOUNDARY LINE OF GOLLIHAR ROAD, AND THE PORTION OF GOLLIHAR ROAD FROM THE SOUTHEASTERN BOUNDARY LINE OF EVERHART ROAD TO THE SOUTHWESTERN BOUNDARY LINE OF SOUTH STAPLES STREET, AS TO SPECIAL BENEFITS TO ACCRUE TO SAID PROPERTY AND THE BEAT AND TRUE OWNERS THEREOF, BY VIRTUE OF THE IMPROVEMENTS OF SAID STREETS WITHIN THE LIMITS DEFINED, AND AS TO ANY ERRORS, AND INVALIDITIFS OR IRREGULAR- ITIES IN ANY OF THE PROCEEDINGS OF CONTRACT THEREOF, OVERRULING AND DENYING ALL PROTESTS AND OBJECTIONS OFFERED, EXCEPT THE CHANGES REFLECTED HEREIN, FINDING AND DETERMINING THAT THE PROPERTY ABUTTING UPON SOUTH STAPLES STREET, EVERHART ROAD AND GOLLIHAR ROAD, 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 AND AS HEREIN ASSESSED AGAINST SAID PROPERTY ABUTTING UPON SOUTH STAPLES STREET, EVERHART ROAD, AND GOLLIHAR ROAD, AND LEVYING AN ASSESSMENT FOR THE PAYMENT OF A PORTION OF THE COST OF IMPROVEMENTS OF SAID STREETS, WITHIN SAID LIMITS, FIXING A CHARGE AND LIEN AGAINST THE PROPERTY ABUTTING UPON SAID SOUTH STAPLES STREET, EVERHART ROAD AND GOLLIHAR ROAD, 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 PAYMENT AND PROVIDING THE MANNER AND METHOD OF COLLECTION OF SAID ASSESSMENTS AND CERTIFICATES; AND DECLARING AN EMERGENCY, WHEREAS., The City Council of Corpus Christi, Texas, by duly enacted ordinance passed and approved on October 10, 1956, determined the necessity for, and ordered the improvements of South Staples Street, Everhart Road and Gollihar Road, 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 October 10, 1956, said portions of said streets to be improved being as follows, to -wit: South Staples Street from the Southeastern boundary line of Hamlin Drive to a point 853.7 feet Southeast of the Southeastern boundary line of Everhart Road Everhart Road from the Southwestern boundary line of South Staples Street to the Southwestern boundary line of Gollihar Road Gollihar Road from the Southeastern boundary line of Everhart Road to the Southwestern boundary line of South Staples 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 �f4�z said City and the laws of the State of Texas, and after having duly and regularly made appropriation of funds available for such purpose to cover the estimated cost of said improvements to said City, all as provided by the Corpus Christi City Charter and by law, did award a contract for the construction of said improvements to Heldenfela Brothers on its lowest and most advantageous bid and said contract has been heretofore duly executed by said City of Corpus Christi Brothers and Heldenfels /and is dated October 10, 1956, 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 South Staples Street, Everhart Road, and Gollihar Road, 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 has been received, examined and approved by said City Council; and WHEREAS, Said City Council, by duly enacted ordinance dated October 10, 1956, did determine the necessity of levying an assessment for that portion of the cost of constructing said improvements on South Staples Street, Everhart Road and Gollihar Road, 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 2:00 o'clock P.M., on October 24, 19562 in the Council Chamber of the City Hall of Corpus Christi, Texas, for the real and true owners of the property abutting upon said streets, within the limits above defined, and for all others owning or claiming any interest in, or 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 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 streets, within the limits defined, by publication in the Corpus Christi Times, the official newspaper of the City of Corpus Christi, a newspaper published in the City of Corpus Christi, Texas, of general circula- tion, 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 4Oth Legislature of the State of Texas, known and shown as Article 1105 —b of Vernon's Annotated Civil Statutes of Texas; and WHERE.&S, 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 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 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 published in the City of Corpus Christi, Texas, on October 13, 1956, October 18, 1956, and October 22, 1956, said notice so published having included therein a list of the apparent owners as set out in said Director of Fublic Works' written report as directed in the aforesaid ordinance; and WHEREIN.,, 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 October 24, 1956, at 2:00 o'clock p.m. in the Council Chamber of the City Hall in the City of Corpus Christi, Texas, in accord- ance with said ordinance and notice, at which 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 accord- ance with said ordinance and notice, at which time the following appeared and offered the following testimony: MR. DRAHN JONES, DIRECTOR OF�RUBLIC WORKS, APPEARED, AND IN RESPONSE TO QUESTIONS BY THE CITY ATTORNEY TESTIFIED THAT HE WAS FAMILIAR'. WITH THE PLANS AND SPECIFICATIONS FOR THE IMPROVEMENTS TO BE MADE ON -SOUTH STAPLES STREET FROM THE SOUTHEASTERN BOUNDARY LINE OF HAMLIN DRIVE TO A POINT 853.7 FEET SOUTHEAST OF THE SOUTHEASTERN BOUNDARY LINE OF EVERHART ROAD, THE PORTION OF EVERHART ROAD FROM THE SOUTHWESTERN BOUNDARY LINE OF SOUTH STAPLES STREET TO THE SOUTHWESTERN BOUNDARY LINE OF GOLLIHAR ROAD, AND THE PORTION OF GOLLIHAR ROAD FROM THE SOUTHEASTERN BOUNDARY LINE OF EVERHART ROAD TO THE SOUTHWESTERN BOUNDARY LINE OF SOUTH STAPLES STREET, AND THAT THE IMPROVEMENTS ARE TO INCLUDE A SIXTY -ONE FOOT PAVEMENT FROM FACE TO FACE OF THE CURB, AND THREE FEET FOR CURB AND GUTTER WITH SIX INCHES ON EACH SIDE ADDED TO THE CURB, MAKING A TOTAL OF SIXTY -FIVE FEET FROM BACK TO BACK OF CURB, THE PAVEMENT TO BE COMPOSED OF 4 1/2 INCHES TYPE °A" ASPHALTIC CONCRETE FOR THE BASE COURSE AND 1 1/2 INCHES OF ASPHALTIC CONCRETE TYPE "Bv FOR THE SURFACE COURSE. HE ALSO EXPLAINED THE RATE OF ASSESSMENT PROPOSED. MR. ROY CALDWELL AND MR. J. A. C. BAKER APPEARED AND IN RESPONSE TO QUESTIONS BY THE CITY ATTORNEY EACH TESTIFIED FOR HIMSELF, THAT HE WAS NOW, AND HAD BEEN FOR A NUMBER OF YEARS, ENGAGED IN THE REAL ESTATE BUSINESS IN THE CITY OF CORPUS CHRISTI, AND THAT HE WAS FAMILIAR WITH THE REAL ESTATE AND PROPERTY VALUES GENERALLY IN SAID CITY, AND PARTICULARLY WITH SOME OF THE PROPERTIES ABUTTING UPON THAT PORTION OF SOUTH STAPLES PTO BE IMPROVED; THAT HE WAS FAMILIAR WITH THE TYPE AND CHARACTER OF SAID PROPOSED IMPROVEMENTS, AND THAT IN HIS OPINION EACH AND EVERY PARCEL OF PROPERTY ABUTTING UPON SAID STREET, WITHIN SAID LIMITS TO BE IMPROVED, WILL BE SPECIALLY BENEFITED AND ENHANCED IN VALUE AS A RESULT OF THE CONSTRUCTION OF SAID IMPROVEMENTS UPON SAID STREET UPON WHICH IT ABUTS, AND THAT THE AMOUNT OF SUCH SPECIAL BENLFITS BY ENHANCEMENT IN VALUE WILL BE, IN EACH INSTANCE IN EXCE55 OF THE AMOUNT ASSESSED PER FRONT FOOT THEREOF. MR. FAIRES %JADE APPEARED, REPRESENTING LOWELL BENEFIELD, AN INDEPENDENT BILLING STATION OPERATOR, AND OBJECTED TO THE FULL ASSESSMENT, BECAUSE OF THE SHAPE AND SIZE OF THE PROPERTY, BECAUSE OF THE FACT THAT THE PROPERTY WAS SMALL, AND THAT IT WAS PROPOSED THAT ASSESSMENTS BE AGAINST IT FOR IMPROVEMENTSON THREE SIDES. HE ALSO OBJECTED TO THE SIDEWALK IMPROVEMENTS WWirM, w ON THE EVERHART SIDE OF THE BLOCK. - NIR. J. R. SORRELL APPEARED, REPRESENTING G. R. SWANTNER, AND OBJECTED TO THE SIDEWALK IMPROVEMENTS UNTIL COMPLETION OF THE SUBDIVISION. MR. FRANK MiDSELEY APPEARED AND OBJECTED TO THE FULL ASSESSMENT ON HIS DRIVE -IN GROCERY STORE AND FELT THAT HE SHOULD BE GIVEN CREDIT FOR EXISTING IMPROVEMENTS. S. F. CORSELIUS APPEARED AND OBJECTED TO THE FULL ASSESSMENT DUE TO THE FACT THAT IT WOULD NOT ENHANCE HIS PROPERTY IN VALUE, BUT IN APPEARANCE ONLY. MR. TOM POGUE APPEARED, REPRESENTING DAHLIA MCCORD CARPENTER, AND OBJECTED TO THE FULL ASSESSMENT BECAUSE OF THE HEAVY TRAFFIC, WHICH WOULD DECREASE RATHER THAN INCREASE THE VALUE OF HER PROPERTY. LOWELL BENEFIELD TESTIFIED THAT THE PROPOSED IMPROVEMENTS WOULD IJOT INCREASE HIS BUSINESS. G. R. NUNNALLY APPEARED AND TESTIFIED THAT HE WAS FAMILIAR WITH THE PROPOSED IMPROVEMENTS IN THE VICINITY OF MR. BENEFIELD'S FILLING STATION AND THAT THE VALUE WOULD NOT BE INCREASED MORE THAN TEN PERCENT. A FULL TRANSCRIPT OF SUCH TESTIMONY IS ON FILE IN THE OFFICE OF THE CITY SECRETARY, AND IS MADE A PARTHEREOF BY REFERENCE. 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 improvements of said portions of said streets proposed to be assessed against said property, or as to any errors, invalidities or irregularities, in the proceedings or contract hereto- fore had in referrence to the improvements of said streets; 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 streets, within the limits above defined, and has heard all parties appearing and offering testimony, together with all protests and objections relative to such matters and as to any errors, invalidities or irregularities in any of the proceedings and contract 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 South Staples Street, Everhart Road, and Gollihar Road, within the limits to be improved as herein defined, will be enhanced in value and specially benefited by the construction of said improve- ments upon the said streets 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, invalidites 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 d'id further find upon said evidence that the assessments hereinbelow made and the charges hereby declared against said abutting property on said South Staples Street, Everhart Road and Gollihar Road, and the real and true owner or owners thereof, are just and equitable and did adopt the rule of apportionment set forth below and the division of the 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 objections and protests should be overruled and denied: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That there being no further protest or testimony for or against said.improvements, said hearing granted to the real and true owners of abutting property on said streets, within the limits above defined, and to all persons, firms, corporations and estates, owning or claiming same or any interest therein, be, and the same is hereby closed and all protests and objections, whether specifically mentioned or not, shall be, and the same are hereby over- ruled and denied. SECTION 2. That said City Charter hereby finds and determines upon the evidence heard in reference to each and every parcel of property abutting upon South Staples Street, Everhart Road and Gollihar Road, within the limits- 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 construc- tion of said improvements to said portions of said streets 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 equit- able 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 contract heretofore had with reference to said improvements are in all respects regular, proper and valid, and that all prerequisites to the fixing of the assessment liens against said abutting properties, as hereinabove described and the personal liability of the real and true owner or owners thereof, whether named or correctly named herein or not, have been in all things regularly had and performed in compliance with the law, Charter provisions and proceedings of the said City Council. SECTION 3. That in pursuance of said ordinance, duly enacted by said City Council, authorizing and ordering the improvement of South Staples Street, Everhart Road, and Gollihar Road, within the limits hereinabove 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 Vernonls 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 portions of said streets, and against the real and true owners thereof, whether such real and true owner or owners be named or correctly named herein or not, the several sums of money hereinbelow mentioned and itemized opposite the description of the respective parcels of said property, the number of front feet of each and the several amounts assessed against same and the real and true owner or owners thereof, and names of the apparent owners thereof, all as corrected and adjusted by said City Council, being as follows, to -wit: TYPE OF PAVEMENT CONTRACT 04TE- EA5T 5ir>p- 50. STAPLES 5T- FROM �4 AM Llw DQivE SOUTW TO GOLLIWAP ROAD 5OUTW Or-EvEipawALzT ROAD 6 -POT MIX A5PWALT BASE AND SU;2FACE CONT;ZA,:T3V OCT015ER -A� 195rp d- FA C E -fq -FAQJ—(7f ROADWAY AssESSIv1ENT RATE PAvE,,,iEU-rANi)CuReAmrGIJTTEP- _CONSTRUCTION S95L Z;10TINCI-VING SIDFWAl OM DIZiVEWAYS) COST OF CURB AND GUTTER PE Q LINEAL FOOT R 1.50 A-GO-(C. 2ESMENTIAL PER Fvowr FOOT COST OF SIDEWALK DER SQUARE FOOT-O,-;G (IZ-1 2) 8.7.54G8 8U51NESS RATE PER FRONT Foor COST OF CONCRETE Do vr: WAY PER SQUARE FOOT- 0.60 (OTH EPL THAN IZ-1 AND -3 �'4-5ZZY PZ-OC�- r d _4 - ----- TYPE �OT &UffTlwt OF 4umm PpDpmTYo)N,wG J20 le-I 25 /20 'e--1 2ro 120 ,01 /Zo i le-1 f2c, 9/ OFATH OT OWNEtsulp ftmsTu 70 70 70 70 ?ROPE-TI , 94me Of ,ADDITION 15LOCI� SIDEWALbL pooe PLACE aV17 3 .30 P40PE VZ.4C-- LIV17 13 30 3 ZF 1252 77 /252; V4,e7-'A. I- I R0,0EA -1 C�E &V/ 7-3 26 /-/Z-. -- ------ -- --------- A /44(/---L 2 At 120. OV 75 IX-4 75 d 6- dAo 9(;" ?r-- -3 �'4-5ZZY PZ-OC�- r d _4 - ----- TYPE �OT &UffTlwt OF 4umm PpDpmTYo)N,wG J20 le-I 25 /20 'e--1 2ro 120 ,01 /Zo i le-1 f2c, 9/ OFATH OT OWNEtsulp ftmsTu 70 70 70 70 LjW-fT!PMctt4T ASSESSWEH -r I J��F phy IWO OF , TE- P.&YiWC, AWD MENTS PWOUBLF CLJIZ13 AND GUTTER 120 70 8'30 120 1 70 3,37 3 0 120 0 3,37-30 120 /,Fo 70 387 30 70 SIDEWALbL 7 DMEWAY 77 126 7-7 /8 as .g 10-/ 77 1252 77 /252; 77 "25..: 7i 444.so A 48a IJ:53 - 46 At 120. OV 75 IX-4 75 d 6- dAo 9(;" ?r-- J84. 06 ,3371/ R-1 /0 3 /00 207'3.c^ 3 96-76 k3AsEo 014 G4 FrET OF 5Ttzr:ET WIDTH SIDEWALbL SIDEWILE DMEWAY PRWEW&Y To Th, L sq FT Aj9E%t4EWT Asse,95M.FNT A 48a 961 76 dad. Ll(. dAo 9(;" ?r-- J84. 06 480 96-76 559 -l0 544 4. 7G 539 'i 524.5 79 ,'146.4f 138£x.35 Co 6 ry 2.3 4- FAwc- of Ar)r)M0Q P,.L,0"1. 3 14.4,4 4C-r ,4 L44 LiVZ 4 C 7' oT /C - . 7ff,- A/0- F I tv A L PAviNG �co w I T) 7 LOT ', �?E DEF TfA-0F FL'- - I - ­ ­ ..INGTA ABLJIING�! -)F wwEIM14irl f- - . I — --I- ---- - -- Lw FT AqT,6,�� I�vTf AW, 1 15 RjL[tVI,6,y! IDEW-\�V- 5irllnvJA4-V,[) I I TOV, 7, 3TM11% rl-_ r CZ-,lZl- AN. k, T7 E P� 5q FT!AlSE'ZtALR -L SSE:5,fl EkIT �UWL;�EI4 h jo Ci,fQom AL • 13o 150 1-50, /:70 1513 'Zo 44 ,-3 36 i 121; S /882.73 / 67253'z /00 o 79 /O. i2 5-501 /00 OF '50-ET-NPLES ST - /r f2ENCAI A,,4-2o-- 17 -Ig —c 2 Of 9-/ 300 515-C A Of 4 10 4zo /o._ 00 A4.,,"z, z C) Z8 73 0 4 i W26 7cj 5 Rlo I /z, 72-3 3 42- 1216 4kit- 'A-�, -Z677-5zlc..4-Pv5 3 ---5 tS All T/- C2x, ,,,r Ao/ - - -3 - oi L.l 7iAC7 7,5 -3-/y .20 1490. 7,55 AL FINAL 5 n ijLa RP-, FPot 1 APP;:�oX GI WE AT CE!j Of 70f7 22a, 5clSTAp•-E 5 ST- T, PE OF PA': EMHJ7 iRF AL; >;TP4,'-TOP ',W LrA ^r DkIFF ;0. C 5T - �- -C' -- $ (wn l,�. iOlt, "nE'J'L'A OR FOOT 5() 512 84 f7 1 E, Llj -E rl� 14 F4n N Fr� C!3T D-I -DE- , t, -V —)4 ZE fOCT - FE? s T Y 'Oh: P E Tf- 1 P- VE "A L� -oc •(20 P�4-,F-F' C0 47 r2 E I F: T- j DT H .4F 5 w5 I't E T+ !E E 1 C! PrropE-7'..- "WiliC, �aWi PEA ✓ E), "n -Qo� "wr T n FT ASSF-.,5MU� vF. J15,E /l£F, - °E, ;5 IC !i7 lie 5ZY: G- I.,b dr6 7-,r,1 C-, 1 4, � >1'13,EF V-0, 7,-,A 7-5i 3r 3G /0O j 2?ro Qp, "oo _ F I N4k L PAVING ASSESSMEWT GOLL(4Jt&R ROtD - fRor^ Ev&E 4wi fz'r aoAn 70 So STAPLES 57 TYPE OF PAVEMENT r.' HOT MIX AS1 -IALT BGSE Aur7_S�J - GE CONTRACT DATE oLd' -p Fp- 10 ,1156 COUS_TRIJC_71, -)O CC-ST COST OF CUR(iANDGUTTER PER L' Or-4- FOOT I.50 COST OF- ai r,EWALIL DER 5C' ,)ARE FOOT 0.36 COST OF COrICRETE L =WAY r EM 5: r.AgE foOT -0 -GO NELoENFELS._brO�� CotiTRACTOR 20 ACE. -To FACE - QE- %UfsF 12oaDWAY A ,sESsNiENT Re.TE P4vcN:E1JTdNnC` tzPUr,uu7TER (NOTINCLJrmio DalVe qAl, 3.39 :iG rSy°.NEss RoTe Devi FRouT FOOT ;OTHE11 TWAl R- I d, I; :l 2) b45ED CrJ 21 FEET OF '�Tu`ET`PC)7I PROV£�eT ( OW'f1ER F. F,eE.VC-N L6►Y44 NEf /EJJ Le>•}G7r TYpE F Der .I a I-w f - 4CI rrrj A° 3E 4ME ; T i p� 2AE 'IN I OF OW'ME.- HI �thIPMiYE y'_NC -4T); P0. i1V"IC• dN N.Ql1E C�_ �,1_'G�1-- 1Uf•i� r "Rf+{�ERTY;ZCW!IMG `T1 Mkt Aur UYTFT:, AI- iZ-7i7 5fC2-FBEf16- 7D.e1-71 214.21 6 -/ F/0'Z /00 f 726 03 fbr�loj�6-S2�tL F.B.E.fb'v'?72�:T5 /¢5.46;8/ I SCI jIDEWdI "k vG ✓v4lX AFT A54ESSMEN _ [YtIVEY:Ay� C ��IQSSES-NEIiY 580Ki.�� Dk JEV.ati i�TAL ,455E55MERIT 72 ,x3 3S/•6^ x07-.4 3 268.2/ TOTAL COAT .¢PICT AS:��,^.Sn.'E/✓j� fi- ;IJ;,V.S,_ �.�; „4jE %,lr%J= 'Ex?7 ";% >iyt.��S-- - -'� ?';','L�ar7:2/ jaT,aL CoA✓'-,C.ACT 70 ^/ TY -- -- - - - - -- - - ---- - - - - -- /G3x240, „�� Cah/7i�e/J 6}- NB M,E.vG /A/EE/2iiv'aCc /O-.3/ o Mc G[E.vi'wtiI .4w�.C.d S�ci.S TLS - SECTION 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 hereinabove 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 or frontage shall bear to the whole number of front feet of property actually improved in accordance with the front foot rate of assess- ment herein adopted, it being the intentions that each parcel of property and the real and true owner or owners thereof abutting on South Staples Street, Everhart Road, and Gollihar Road, 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 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 South Staples Street, Everhart Road and Gollihar Road, all certificates hereinafter provided for, issued to evidence said assess- ments against said parcels of property abutting upon said streets, 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 improve- ments, 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 South Staples Street, Everhart Road and Gollihar Road, and the findings 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 South Staples Street, Everhart Road, and Gollihar Road, within the limits defined, 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 percent (5 %) per annum with reasonable attorney's fees and all costs and expenses of collection, if incurred, are hereby declared to be 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: October 10, 1956, 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 title, except for lawful ad valorem taxes; and that the sums so assessed shall be payable as follows, to -wit: in five (5) equal annual installments, the first of which will be payable on or before twenty (20) days after the completion of said improve- ments in the street upon which the respective property abuts, and acceptance thereof by the said City Council, the four (4) remaining installments to be due and payable, respectively, one (1), two (2), three (3), and four (4) years from and after said date of acceptance, deferred payments to bear interest from said date of acceptance at the rate of five 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 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 property, and the real and true owner or owners thereof, but Heldenfels Brothers shall look solely to such property and the real and true owner or owners thereof, for the payment of the sums validly assessed against said respective parcels of property, but said City shall be obligated to furnish Heldenfels Brothers valid assessments and assessment certificates and shall 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: October 10, 1956, 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 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 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 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 rentals 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 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 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 mayibe provided by law and Charter in force in said City for the sale of property for the collection of ad valorem taxes. SECTION 7. That for the purpose of evidencing said assessments, the liens securing same and the several sums assessed against the said parcels of property and the real and true owner or owners thereof, and the time and terms of payment, and to aid in the enforcement thereof, assignable certificates shall be issued by the City of Corpus Christi, Texas, to Heldenfels Brothers upon the completion of said improvements in said streets and acceptance thereof by said City Council, which certificates shall be executed by the Mayor in the name of the City, attested by the City Secretary with the corporate seal of said City, and which certificates shall declare the amounts of said assessments and 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 names of the apparent true owner or owners as accurately as possible, and the description of the property assessed by lot and block number, or front foot thereof, or such other description as may otherwise identify the same, and if the said property shall be owned by an estate or firm, then to so state the fact shall be sufficient and no error or mistake in describing 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 Ts 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 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 South Staples Street, Everhart Road, and Gollihar Road, which is exempt from the lien of said assessment, shall in no wise effect or impair the validity of assessmentssagainst the other parcels of property abutting upon said streets; and that the total amounts assessed against the respective parcels of property abutting upon said streets, within the limits herein defined, and the real and true owner or owners thereof, are the same as, or less than, the estimates of said assessments prepared by the Director of Public Works and approved and adopted by said City Council and are in accordance with the proceedings of said City Council relative to said improvements and assessments therefor, and with the terms, powers and provisions of said Chapter 106 of the acts of the First -Called Session of the 40th Legislature of the State of Texas, known as Article 1105 -b of Vernon's Annotated Civil Statutes of Texas and the Charter of the City of Corpus Christi, Texas, under which terms, powers and provisions said proceedings, said improvements and assessments were had and made by said City Council. SECTION g. The fact that South Staples Street, Everhart Road, and Gollihar Road have become important thoroughfares and connect important thoroughfares and the fact that the present condition of the streets, within the limits herein defined, is dangerous to the health and public welfare of the inhabitants thereof creates a public emergency and an imperative public necessity, requiring the axspension 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 that such emergency and imperative public necessity exists, and having requested that said Charter rule be suspended, and that this ordinance be passed finally on the date of its introduction, 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 the i_ day of October, A. D., 1956. MAYOR City of Corpus Christi, Texas ATTEST: _ /l1" 1-3-- cc City Secretary APPROVED AS TO LEGAL FORM: City Attorney CORPUS CHRISTI, TEXAS 3 I , 1956 TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS GENTLEMEN: r FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; I, THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, MAYOR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: FARRELL D. SMITH MINOR CULL] W. J. ROBERTS B. E. BIGLER MANUEL P. MALDONADO THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: FARRELL D. SMITH MINOR CULL[ W. J. ROBERTS B. E. BIGLER MANUEL P. MALDONADO Wes+ � ('� ('�2 -2-