HomeMy WebLinkAbout04762 ORD - 03/06/1957A
AN ORDINANCE
APPROVING AND ?DOk l InTG THE DIRECTOR 05' PUBLIC lvloaKSt
WRITTEN STATEI NIT Ul) REPORT OF THE ESTIMATES OF THE
VARIOUS COSTS FOR THE IMPROVEVENT OF THE PORTION OF
LOUISIf+NA STREET FROM THE WEST PROPERTY LINE OF OCEAN
DRIVE TO THE EAST PROPERTY 1_11x1 OF SOUTH STAPLES
STREET AND THE STATE2,ENTS OF THE ATAMFS OF' THE APPARENT
OWNERS, DFSCItIPTIONS AND NUMBER OF FRONT FEET OF ABUT-
TING PROPERTY OF SAID STREET WITHIN SAID LIMITS; DE-
TMMINING AND FIXING THE PORTIONT OF SAID COSTS, AND
THE RATE THEREOF, TO BE PAID BY ANL ASSESSED AGAINST
SAID ABUTTING PROP ,HTY, Flue THE REAL AND TRUE OWNmS
`HEREOF, AND TIE PORTION THEREOF TO BE PAID BY THE
CITY OF CORPUS CHRISTI, TEXAS; DETERPrINING THE
NECESSITY OF LEVYING AN AS3LSS51,MNT AGAID:S'i SAID
ABUTTING PROP RTY, AND THE REAL AND TRUE OWNERS THERE-
OF, FOR Tb:E PART OF SAID COST APPORTIONED THEM;
011LERING AND SETTING A HEARING TO E HELD AT 3;00
O'CLOCK P. M., ON THE2�ITH DAY OF MARCH, 1957, IN
THE COUNCIL CHAMBERS OF THE CITY HALT, IN CORPUS
CHRISTI AS THE TIME AND PLACE FOR HEARING OF THE
REAL AND TRUE OWNERS OF SAID ABUTTING PROPERTY, AND
ALL OTHERS INTERESTED IN SAD PROPERTY OR IN SAID
PROCEEDINGS CONCERNING SAID ASSESSMENTS AND PROCELD-
INGS; DIRECTING THE CITY SECRETARY TO GIVE NIOTICE
OF SAID HEARING AS REQUIRED BY THE LAWS OF THE STATE
OF 'TEXAS AND THE CHARTER OF TIE CITY OF CORPUS CHRISTI,
TEXAS, AND FURTHER, DIRECTING SAID CITY SECRETARY IN
ADDITION TO THE CONTENTS OF THIS NOTICE OF SAID
HEARING AS REQUIRED BY LAW, WHICH SHALL BE VALID
AND SUFFICIENT IN ITSELF, TO INCLUDE THEREIN A LIST
OF THE APPARENT OWNERS AM DESCRIPTION OF SAID
ABUTTING PROPERTY AS SET OUT IN S. ",D REPORT OF THE
DIRECTOR OF PUBLIC WORKS AND PROVIDING THAT SAID
LIST OF APPARENT OWNERS SHALL NOT BE CONCLUSIVE OF
SAID 01,PTERSHIP AND SN1iLL NOT LIT' "_IT SAID NOTICE TO
SUCH OWNERS' N4MES OR THE PROPERTIES DESCRIBED, AND
THL SAID NOTICE SHALL NEVERTHELESS BE Di7tECTED TO THE
REAL AND TRUE OWNERS OF SAID ABUTTING PROPERTY, ',THETHER
NAMED OR CORRECTLY NAMED OR NOT; AND DECLARING AN EMERGENCY.
WHEREAS, the City Council of the City of Corpus Christi, Texas,
heretofore on the 6th day of March, 1957, by duly enacted ordinance determined
the necessity for and ordered the improvement of the portion of Louisiana
Street from the west property line of Ocean Drive to the east property line
of South Staples, a duly executed notice of said ordinance havingthereafter
been filed in the name of the City with the County Clerk of Nueces County,
Texas; and
WiE SAS, Pursuant to the ordinance of March 6, 1957, above mentioned,
and 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 re-
quired by the Charter of said City and the laws of the State of Texas, having
awarded a contract for the construction of said improvements to C. L. Castor
`�1�cz
Construction Company, Inc., on its lowest and most advantageous bid, and
having duly and regularly made appropriation of funds available for said
purpose to cover the estimated cost to said City of said improvements, all
as provided by the Corpus Christi City Charter and by -laws of the State of
Texas, did execute heretofore on February 6, 1957, a contract with C. L.
Castor Construction Company, Inc., and the Performance Bond required by said
contract having been propertly furnished and posted by said C. L. Castor
Construction Company, Inc., and accepted by said City Council as to form
and amount as required by the Charter of the City and the laws of the State
of Texas; and
WEF3 S, The said City Council has caused the Director of Public
Works to prepare and file estimates of the costs of such improvements and
estimates of the amount per front foot proposed to be assessed against the
property abutting said street 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 the same having been received and examined by said City Council; and,
rIDLRE , in accordance with said statement of estimates and other
matters prepared and filed by said Director of Public Works herein approved by
said City Council, the total estimated cost of the whole improvement of
Louisiana Street, within the limits above defined, is $128,318.36; the estimated
amount per front foot proposed to be assessed against each abutting property,
and the real and true owners thereof, for curbs and gutters on Louisiana
Street, within the limits above defined, is 41.20 per front foot; the estimated
amount per square foot to be assessed against each abutting property, and
the real and true owners thereof, for sidewalks on Louisiana Street, within
the limits above defined, is 40.336 per square foot; the estimated amount
per square foot to be assessed against each abutting property, and the real
and true owners thereof, for driveways on Louisiana Street, within the limits
above defined, is $0.62 per square foot; the estimated amount per front foot
proposed to be assessed against each abutting property zoned for one- and two-
family dwelling units, and the real and true owners thereof, for construction
of said pavement, curbs and gutters in place on Louisiana Street, within the
limits above defined, is $4.70839 per front foot; the total estimated amount
per front foot to be assessed against each abutting property zoned for other
than one - and two - family dwelling units, and the real and true owners there-
of, for construction of said pavement, curbs and gutters in place on Louisi-
ana Street, within the limits above defined, is $9.41678 per front foot; the
total estimated amount of the cost of said improvements on Louisiana Street,
within the limits above defined, proposed to be assessed against the abutting
property, and the real and true owners thereof, is $40,189.11; the total
estimated amount of the cost of said improvements on Louisiana Street, with-
in the limits above defined, proposed to be paid by the City of Corpus
Christi, Texas, is 688,129.25.
kiERVAS, according to said written statement of said Director of
Public Works the names of the apparent owners of said abutting property and
the number of front feet owned by each, the description of their property,
the amount proposed to be assessed against each abutting property and the
real and true owners thereof and other matters contained in said statements
are as follows, to -wit:
March 6, 1957
TO: THE MAYOR AND CITY COUNCIL
FROM: DRAHN JONES, DIRECTOR OF PUBLIC WORKS
Herewith are submitted ownership rolls, showing the names of the apparent
property owners abutting property on the portion of Louisiana Street from
the west property line of Ocean Drive to the east property line of South
Staples Street, showing the number of front feet owned by each, the descrip-
tion of their property, and the amount proposed to be assessed against each
abutting property and the real and true owners thereof, also hereafter set
out are the various estimates of costs and amounts of assessments:
Total estimated cost of whole improvements within the
limits defined 0128,318.36
Estimated amount per front foot proposed to be assessed
against each abutting property for curbs and gutters 1.20
Estimated amount per so_uare foot proposed to be assessed
against each abutting property and the real and true
owners thereof for sidewalks 0.336
Estimated amount per square foot to be assessed against
each abutting property and the real and true owners
thereof for driveways 0.62
Estimated amount per front foot to be assessed against
each abutting property, zoned for one - and two - family
dwelling units, and the real and true owners thereof,
for construction of said pavement, curbs and gutters
in place $ 4.70839
Estimated amount per front foot to be assessed against
each abutting property, zoned or used for other than
one- or two - family dwelling units, and the real and
true owners thereof, for construction of said pavement,
curbs, and gutters in place 9.41678
Total amount to be assessed $ 40,189.11
Total amount to be paid by the City of Corpus Christi $ 88,129.25
Drahn Jones, ector of Public Works
Approved:
City :Manager
PROPERTY OWNER
NAME OF ADDITION
PRELIMINARY PAVING ASSESSMENT
Compiled by H.O. Checked by S.N.D.
Length
Abut.
Prop.
SOUTH SIDE LOUISIANA STREET
FROM OCEAN DRIVE TO SOUTH
STAPLES STREET
Type of Pavement 6" Hot -Mix Asphalt Base and Surface
Assessment
Paving and
curb and
Sidewalk
Sq.Ft.
C. L. CASTOR CONSTRUCTION CO. INC. Contractor
Contract Date February , 195-7
Drive-
way
Assess-
Credit fo
Existing
Facilitiei
IWA"CA-
TOTAL
ASSESSMENT
Two 30 -ft. ace to Face of Curb Traffic Lanes
Assessment Rate Pavement and Curb & Gutter
Construction Cost
IAWNVEEW
STMET
Assessment Rate
(not including sidewalk or driveways)
Cost of Curb and Gutter per linear foot ............ $1.50
80%
1.20
$ 4.70839 Residential Rate per Front Foot
Cost of Sidewalk per square foot ...................
$0.42
80%
= $ 0.336
(R -1 and R -2)
Cost of Concrete Driveway per square foot
.......... $0.62
100%
= $ 0.62
$ 9.41678 Business Rate per Front Foot
588.55
0
0.00
0
(other than R -1 and R -2)
PROPERTY OWNER
NAME OF ADDITION
Block
No.
Lot
No.
Length
Abut.
Prop.
Type
of
Zonine
Depth
Owner-
ship
r
Lin.
ft.of
Impror
Pav
Rate
Charg
Assessment
Paving and
curb and
Sidewalk
Sq.Ft.
Sidewalk
Assess -
meats
Drive
way
Sq.Ft.
Drive-
way
Assess-
Credit fo
Existing
Facilitiei
IWA"CA-
TOTAL
ASSESSMENT
IAWNVEEW
STMET
Hilda H. Hubble
Port Aransas Cliffs
607
32
1251.
R -2
125'
100
588.55
0
0.00
0
0.00
0.00
588.55
. -R. Meson
1. " 11
60
& 22.
l4
R -2
14
100
694.49
0
0.00
141
87.42
0.00
781.91
Mrs;
Monte
EE z�s t :Z
-2
125'
5'
100
447.30
0
0.00
141
87.42
0.00
534.72
Minnie I. Ingle
"
1
1K 5- 747
v o io
72.5
R -1
125'
72.5
100
341.36
0
o.00
141
87.42
0.00
428-78
organ ve. p is
Church
1
50'
R -1
125'
50'
100
235.42
0
0.00
141
87.42
0.00
322.84
Julia M. De Roche
1
211'17' r z
75'
R -1
125
75'
1 100
353.13
0
0.00
141
87.42
0.00
440.55
A. H. Meinrath
1
sl: 2s' 17,,41
6,fE. /r.6 o/s
87.5
R -1
125'
87-51
100
411.98
0
0.0o
141
87.42
0.00
499.40
Jas. M. Beavers
1
0,,os --.'T of°a
87.5.
R -1
125'
87.5
100
411.98
0
0.00
141
87.42
0.00
499.40 �
Joseph W. Smith
1
3
50P
R -1
125t
501
100
235.42
0
0.o0
141
87.42
0.00
322.84
Eula Cate Hefley
1
2
50'
R -1
125'
50'
100
235.42
0
O.00
141
87.42
0.00
322.84 *
P. E. Ahrens
1
1
501
R -1
12 5 '
501
100
235.42
0
0.00
0
0.00
0.00
2 .42
T
E. Le Grand Harrison
Lindale Park - 1
�zo afe
140'
R -1
100'
140'
100
659-17
560
188.16
0
0.00
677.5o
169.83
Sam Braelau
3
1f i a 6
1001
R -1
100'
100'
100
470.84
360
120.96
0
0.00
473-85
117-95 xxr
Guy T. geffee
3
16 & 15
120'
R -1
100'
120'
100
565.01
411.2
138.16
0
0.00
56
139-80
Matilda L. Ocker
3
14 & 13
120'
R -1
100'
120'
100
565.01
414
139-10
0
0.00
564.08
140.0 **
R. J. Sechrist
"
3
12 & 11
120'
R -1
100'
1.$0'
100
565.ol
4 -16
1)46.50
0
0.00
569.62
10 & 9
1201
R -1
100'
1201
100
563.37
139-80 **
Compiled by H. 0. Checked by S. N. D.
PRELIMINARY PAVING ASSESSMENT
` SOUTH SIDE OF LOUISIANA STREET FROM OCEAN DRIVE TO SOUTH STAPLES STREET
`e of Pavement 6" Hot -Mix Asphalt Base and Surface
006utract Date February 6, 1957
Construction Cost Assessment Rate
-Cost of Curb and Gutter per linear foot ,. $1.50 0; _ 1.20
Cost of Sidewalk per square foot ......... $0.42 80% _ $0.336
,Cost of Concrete Driveway per square foot $0.62 LOO, _ $0.62
Contractor C. L. Castor Construction Company, Inc.
Two 30 -ft. Face to Face of Curb Traffic Lanes
Assessment Rate Pavement and Curb & Gutter:
(not including sidewalk or driveways)
4.70839 Residential Rate per front foot
(R -1 and R -2)
$9.41678 Business Rate per front foot
(other than R -1 and R -2)
'P80PERTY OWNER
-_
NAME OF ADDITION
Block
No.
Lot No.
Length
of
abut.
prop.
Type
of
Zon-
ing
Depth
Owner
ship
fm st.
Lin.
.of
Impry
ent
I)b Pay.kssessment
Rate
Charg
able
aving and
urb and
,utter
Sidewalk
Sq. Ft.
Sidewalk
Assess-
ment
Drive-
way
Sq.Ft.
rive-
way
Assess-
ment
Credit for
Existing
Facilities
emoved
TOTAL
ASSESSMENT
:`0. Woodson
Lindale Park 1
3
4 of 7777
00' °f 6
40f
R -1
100'
14o'
100
654,1
48 .6
328
163.16
110.21
0
0.00
658.75
163.58 *
111.26
,,.`C. Blasingame
Lindale Park 1
3
.a ¢ t1 f s
100
R -1
100'
100'
100
470.84
0
0.00
465.79
,H. Thomas
Lindale Park 1
3
4 & 3
120'
R -1
100'
1201
100
565.01
433.2
145.56
0
0.00
568.92
141.65
`` d Ocker
Lindale Park 1
2 & 1
125
R -1
100'
125'
100
588.55
500
168.00
0
0.00
604.91
151.64+
5TH
STREET
e' d L. Cole
Lindale Park 1
2
£ 30,of /z
'
R -1
100'
95'
100
447.30
380
127.68
0
0.0_0
459.73
115.25 ***
Fee E. Smith
Lindale Park 1
2
AU °�Lo1 //
90'
R -1
100'
90'
100
423.76
295.2
99.19
0
0.00
419.21
103-74
J' oi. 'A. Seitter
Lindale Park 1
2
;o All f i 9
90'
R -1
100'
90'
100
423.76
294
98.78
0
o.00
418.91
103.63
' L. Geistman
Lindale Park 1
2
w es o 8
75'
R -1
100'
75'
100
353.13
235.2
79.03
0
0.00
346.62
85.54
B. Crouch
Lindale Park 1
2
H /9'0/ 6 f
A //°" -'°/ 7
75'
R -1
100'
75'
100
353.13
268
90.05
0
0.00
354.89
88.29
`hn A. Wuensche
Lindale Park 1
2
1,11151111
240'
A -1
100'
240'
100
2260.03
832
279.55
0
0.00
785.66
1,753.92
0mice G. Patee
Lindale Park 1
2
2
60'
A -1
100'
60'
100
565.01
200
67.20
141
87.42
194.40
525.23 ***
"aja Wilson
Lindale Park 1
2
1
96.66
A -1
100'
6.66
100
910.23
364.28
129.91
0
0.00
329.41
710.73 +' *
SW
NER
DRIVE
C <Med. Arts Bldg.
Lindale Park 1
1
2
1 .o6
B-
261'
loo
1290.66
11 .14
40.0
0
0.00
328.94
1,001-75
of C rpus Chrs.
Lindale Park 1
Alley
' 'old A. Carr
Re Plat of Lind. Pk. 1
1
1 -A
40.22
B -3
170'
4o.22
100
378.74
16_0.88
54.06
0
0.00
96.53
336.27
,orris L Goodfriend
ditto
1
1 -C
97.44
B -3
7o.44
100
663.32
249.76
83.92
491
304.42
169.06
882.60 +'*�
PROrERTY OWNER
NAME OF ADDITION
Block
No.
Lot No.
Compiled by H. 0. Checked by S. N. D.
Type
of
Zon-
Depth
Owner-
ship
Lin.
.of
Impry
PRELIMINARY PAVING ASSESSMENT
Assessment
Paving &
utt
Sidewalk
Sq. Ft.
r
Sidewalk
Assess-
ments
SOUTH SIDE LOUISIANA STREET FROM OCEAN DRIVE TO SOUTH
STAPLES S17REET
Type
of Pavement
6" Hot -Mix Asphalt Base and Surface
Contractor C. L. Castor Construction Company, Inc.
Contract Date February 6, 1957
Two 30 -ft. Face to Face of Curb Traffic Lanes
Construction Cost
Assessment Rate
Assessment Rate Pavement and Curb & Gutter:
Cost
of Curb and
Gutter per linear foot ... 1.50
0 = 1.20
(not including sidewalk or driveways)
Cost
of Sidewalk
per square foot .......... JL 2
80% = 0.336
$4.70839 Residential Rate per front foot
(R -1 and R -2)
Cost
of Concrete
Driveway per square foot . $0.62
10096 0.62
Total Adjusted
Assessments
---------------------------
$9.41678 Business Rate per front foot
40,189.11
•
(other than R -1 and R -2)
PROrERTY OWNER
NAME OF ADDITION
Block
No.
Lot No.
Length
of
abut.
Type
of
Zon-
Depth
Owner-
ship
Lin.
.of
Impry
Pay.
Rate
Charg
Assessment
Paving &
utt
Sidewalk
Sq. Ft.
r
Sidewalk
Assess-
ments
Drive-
way
S .Ft.
Drive-
way
Assess-Facilities
ments
Credit for
Existing
Removed
TOTAL
ASSESS14ENT
Total Adjusted
Assessments
---------------------------
40,189.11
•
Less City
kssessmen
----------------------------------
0.00
Private Pr
perty
ers' Asse
sments
--------
--------
40,189.11
r
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEL-IS:
SECTION 1. That the written statement and report of the Director
of Public Works heretofore filed with the City Council, showing the estimated
total cost of the whole improvement of said Louisiana Street, within the limits
above defined; the estimated amount per front foot proposed to be assessed
against the abutting property, and the real and true owners thereof, on said
street for construction of curbs and gutters; the estimated amount per square
foot to be assessed against the abutting property, and the real and true owners
thereof, for said sidewalks on said Louisiana Street, within the limits above
defined; the estimated amount per square foot to be assessed against the
abutting property, and the real and true owners thereof for driveways on said
Louisiana Street, within the limits above defined; the estimated amount per
front foot to be assessed against each abutting property zoned for one- and
two - family dwelling units, and the real and true owners thereof for construction
of said pavement, curbs and gutters in place on said Louisiana Street, within
the limits defined; the estimated amount per front foot proposed to be assessed
against each abutting property zoned for other than one- or two - family dwelling
units, and the real and true owners thereof, for construction of said pavement,
curbs, and gutters in place on said Louisiana Street, within the limits de-
fined; the total estimated amount of the cost of said improvements on said
street, within the limits defined, proposed to be assessed against the abutting
property, and the real and true owners thereof; the total estimated amount of
the coat of said improvements on said street, within the limits defined, pro-
posed to be paid by the City of Corpus Christi, Texas; the names of the apparent
owners of the property abutting on said street, within the limits defined, with
the number of front feet owned by each and the description of the property,
and other matters relative thereto, having been received and examined by the
City Council, said report is hereby in all things approved and adopted.
SECTION 2. That it is hereby found and determined that the total
estimated cost of the whole improvement of Louisiana Street, within the limits
above defined, is $128,318.36; the estimated amount per front foot proposed
to be assessed against each abutting property, and the real and true owners
thereof, for curbs and gutters on Louisiana Street, within the limits above
defined, is $1.20 per front foot; the estimated amount per square foot to be
assessed against each abutting property, and the real and true owners thereof,
for sidewalks on Louisiana Street, within the limits above defined, is $0.336
per square foot; the estimated amount per square foot to be assessed against
each abutting property, and the real and true owners thereof, for driveways
on Louisiana Street, within the limits above defined, is $0.62 per square foot;
the estimated amount per front foot proposed to be assessed against each abut-
ting property zoned for one - and two - family dwelling units, and the real and
true owners thereof, for construction of said pavement, curbs and gutters in
place on Louisiana Street, within the limits above defined, is 04.70839 per
front foot; the total estimated amount per front foot to be assessed against
each abutting property zoned or used for other than one -and two - family dwelling
units, and the real and true owners thereof, for construction of said pavement,
curbs and gutters, in place on Louisiana Street, within the limits above de-
fined, is $9.41678 per front foot; the total estimated amount of the cost of
said improvements on Louisiana Street, within the limits above defined, proposed
to be assessed against the abutting property, and the real and true owners
thereof, is 040,189.11; the total estimated amount of the cost of said improve-
ments on Louisiana Street, within the limits above defined, proposed to be
paid by the City of Corpus Christi, Texas, is $88,129.25.
SyGTTON 3. That a portion of the cost of said improvements shall be
paid and defrayed by the City of Corpus Christi, Texas, and that a portion of
the cost of said improvements shall be paid by and assessed against the property
abutting upon said street, within the limits above defined, and against the real
and true owners thereof, in accordance with, and in the manner provided by,
the Charter of the City of Corpus Christi, Texas, and by the Acts of the 40th
Legislature of the State of Texas, First Galled Session, Chapter 106, and known
and shown as Article 1105 -b of Vernon}s Annotated Civil Statutes of Texas, and
that the total cost of said improvements shall be and are hereby apportioned
between said parties and shall be paid and defrayed as follows:
(a) The cost of constructing, reconstructing or repairing said
improvements within the area between and under rails, tracks, double tracks,
turnouts, and switches, and two feet on each side thereof, of any railway,
street railway or interurban, using, occupying or crossing such streets or
portions thereof hereby ordered /and approved, shall be paid by the respective
owners thereof and assessed against such railway, street railway, or inter-
urban, and its roadbed, ties, rails, fixtures, rights and franchises, and the
real and true owners thereof, in the manner provided by the terms of the City
Charter of the City of Corpus Christi, Texas, and by said Acts of the 40th
Legislature of the State of Texas, (1927), above identified.
(b) The City of Corpus Christi shall pay the whole cost of construction,
reconstruction or repair of the curbs, gutters and sidewalks, within the
intersections of said street with other streets and alleys and shall pay not
less than one -tenth (1 /10) of the total remaining cost of said improvements on
said streets, exclusive of the cost of the curbs, gutters and sidewalks, in
front of the respective properties abutting upon said street, said cost being
the amounts as hereinbefore set out in Section 2 hereof.
(c) The property abutting upon said street, within the limits above
defined, zoned for one- and two - family dwelling units, and the real and true
owners thereof, shall be assessed and pay for eighty (80%) percent of the total
cost of construction, reconstruction or repairing, as the case may be, of side -
walK5, curbs and gutters in front of their respective property, and shall be
assessed and pay eighty (80%) percent of the cost of an equivalent thirteen and
one -half (132) feet of pavement width abutting their respective property,
exclusive of the amount therein specified to be paid by any railway, street
railway, or interurban, as set out in Sub - section (a) above, and by the City
of Corpus Christi as set out in Sub - section (b) above, and exclusive of the
cost of any storm sewers, but inclusive of the costs of all incidentals and
appurtenances. The pro_,erty abutting upon said street, within the limits
above defined, zoned or used for other than one- or two - family dwelling units,
and the real and true owners thereof, shall be asces_,ed and pay eighty (80%)
percent of the entire costs of the sidewalks, curbs and gutters abutting
their respective property, and shall be assessed and pay forty (40�) percent
of the entire cost of the pavement abutting their respective property, and
exclusive of the amount therein specified to be paid by any railway, street
railway, or interurban, as set out in Sub- cection (a) above, and by the City
of Corpus Christi as set out in Sub- section (b) above, but inclusive of the
costs of all incidentals and appurtenances. However, the total costs to be
assessed against and paid by abutting property, and the real and true owners
thereof, shall not in any case exceed nine - tenths (9/10) of the total cost
of said improvements on the street upon which they abut, exclusive of the
cost of curbs, gutters and sidewalks, said cost being at the rate of, and
in the amounts as hereinabove set out in Section 2 hereof.
The amounts payable by the abutting property and the real and true
owners thereof shall be assessed against such abutting property-, and the real
and true oi•rners ti areof, and shall constitute a first and prior lien upon
such abutting property and a personal liability of the real and true owners
thereof; provided, however, that no amount shall be assessed against such
abutting property, or the real and true owners therea£, in excess of the benefits
to said property in the enhanced value thereof by reason of said improvements
on the street upon which it abuts, and that said cost which may be assessed
against such property and its real and true owners shall be in accordance with
the FRONT FOOT b.ULE: OR PLAN in proportion as the frontage of such property is
to the frontage to be improved, provided that, if it shall appear at the hear-
ing on special r�enefits, hereinafter provided for, that the application of such
rule or plan will result in inequality or injustice then such rule of apportion-
ment shall be applied as will in the judgment of the City Council produce
substantial justice and equality between respective parcels of property and the
real and true owners thereof, considering the special benefits in enhanced
value to be received and burdens imposed, all in accordance with and as
provided for in said City Charter and the said Acts of the 40th Legislature
of the State of Texas, First Called Session, Chapter 106, as hereinabove
identified.
That the amounts payable by the real and true owners of said abutting
property shall be paid and become payable in five (5) equal installments, the
first of which shall be due and payable twenty (20) days after the date said
improvements are completed and accepted by the said City Council, and the
remaining four (4) installments to be due and payable, respectively, one (1),
two (2), three (3), and four (4) years from and after the date of such acceptance
and bearing interest at the rate of five (5 %) percent per annum from said date
of acceptance, payable annually, provided, however, that the owners of said
property shall have the privilege of paying any one, or all, of such install-
ments at any time before maturity thereof by paying the total amount of
principal due, together with interest accrued, to the date of payment; further,
that if default be made in payment of any such installments of principal or
interest promptly as same matures, then at the option of the Contractor or
assigns the entire amount of the assessment upon which such default is made
shall be and become due and payable together with reasonable attorney's fees
and collection costs, if incurred.
SECTION 4. That a hearing be given to the real and true owners and
all owning or claiming any interest in any property abutting upon said portions
of said street, within the limits above defined, and to all others owning,
claiming or interested in said property, or any of said matters as to the
assessment and to the amount to be asses::ed against each parcel of property
and the real and true owners thereof, and as to the special benefits to said
property to be received from said improvements, if any, or concerning any error,
invalidity, irregularity or deficiency in any proceedings or contract with
reference thereto, or concerning any matter or thing connected therewith, which
hearing shall be held by the City Council of said City in the Council Chamber
of the City Hall of the City of Corpus Christi, Texas, at 3:00 o'clock P. M.
on the 27th day of March, A. D., 1957, at which time all persons, firms,
corporations, or estates, owning or claiming any such abutting property, or
any interest therein, and their agents or attorneys, or persons interested
in said proceedings are notified to appear and to be heard in person or by
counsel and may offer evidence; and said hearing shall be adjourned from day-
to day and from time to time and kept open until all persons, evidence and
protests have been duly heard; and the City Secretary of the City of Corpus
Christi, Texas, is hereby directed to give notice of said hearing by publica-
tion in the CORPUS CHRISTI TD1:riS, the official newspaper of the City of Corpus
Christi, which is a newspaper of general circulation in the City of Corpus
Christi, Texas; and said notice shall be published at least three times in
said newspaper before the date set for said hearing, the first of which
publications shall be at least ten days prior to the date of said hearing,
and such notice by publication shall be valid and sufficient without any
further form of notice, as provided for and in accordance with the terms and
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 Statutes of Texas; however, said
City Secretary is further directed, in addition to the contents of the notice
of said hearing as required by law, which shall be for all purposes valid and
sufficient in itself, to include therein the list of names of the apparent
owners, and the descriptions of said abutting property as set out in said
Director of Public Works' report, provided, however, that the said list of
apparent owners and property descriptions so included in said Notice, shall
merely be cumulative of and in addition to the requirements of said Notice as
provided by the Laws of the State of Texas, and the Charter of the City of
Corpus Christi, Texas, and shall not in any manner be conclusive of the real
and true owners or of the correct description of said abutting property nor
limit said notice to the properties described or to such apparent owners named
thex•ein, but said Notice shall nevertheless be directed to the real and true
owners of said abutting property, whether named or correctly named therein or
not, and to all others claiming, owning, or interested in any manner in any of
said abutting property on said street within the limits above defined.
SECTION 5. That following such nearing as above provided, assessments
will be levied against said abutting property and the real and true owners thereof
for that portion of the cost of said improvements hereinabove determined to be
payable by said abutting property and Uhe real and true owners thereof, and
which assessment shall be a first and prior lien upon said abutting property
and a personal liability and charge against the real and true owners thereof.
In levying said assessments, if the name of the owner be unknown, it shall be
sufficient to so state the fact, and if said abutting property be owned by an
estate or by any firm or corporation, it shall be sufficient to so state the
fact, and it shall not be necessary to give the correct name of any such owner,
and no error or mistake in attempting to name any such owner or in describing
any of said property shall invalidate any assessment or certificate issued in
evidence thereof, but nevertheless the real and true owner of said abutting
property shall be liable and the assessment against said property shall be
valid whether or not such owner be named or correctly named, or said property
correctly described.
SECTION 6. The fact that Louisiana Street, within the limits above
defined, is badly in need at this time of permanent street improvements, and
the further fact that the present condition of said portions of said street
is dangerous to the health and public welfare of the inhabitants of the City
of Corpus Christi, due to the conditions and increase of traffic along said
portions of said street creates a public emergency and public imperative
necessity requiring the suspension of the Charter rule that no ordinance or
resolution shall be passed finally on the date it is introduced and that such
ordinance or resolution shall be read at three several meetings of the City
Council; and the Mayor having declared that such public emergency and impera-
tive necessity exist, and having requested that such Charter rule be suspended,
and that this ordinance be passed finally on the date of its introduction
and 'take effect and be in full force and effect from and after its passage,
IT IS ACCORDINGLY SO ORDAINED.
PASSED AND APPROVED this 6th day of March, A. D., 1957.
MAYOR
City of Corpus Christi, Texas
ATTrSfi
City Secretary ,
APiROVK) AS TO LB'GAL FORM:_j,Ff:7
City Attorney
COYPUS CHRISTI, TEXAS
t2_1 9z
145
TO THE MEMBERS OF-THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
GENTLEMEN:
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OAF- THE FORE-
GOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE
SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLU-
TION 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; 1, THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE
OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRO
OUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL.
` RESPECTFULLY,
FIA`cdAc
THE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
FARRELL D. SMITH
W. J. ROBERTS
MINOR CULLI
�
B. E. BIGLER
MANUEL P. MALDONADO
THE ABOVE ORDINANCE WAS PASSED BY
THE FOLLOWI VOTE'
FARR4,� zQ. SMITH
M. J. ROBERTS
MINOR CULL1
S. E. BIGLER
MANUEL P. MALDONADO
C.