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HomeMy WebLinkAbout05146 ORD - 08/27/1958AN ORDINANCE CLOSING THE HEARING GIVEN TO THE REAL AND TRUE OWNERS OF PFOPERTY ABUTTING UPON THE PORTION OF LIPAN STREET FROM THE WESTERLY BOUNDARY LINE OF NINETEENTH STREET TO THE CENTER LINE OF PALM DRIVE, UP RIVER ROAD FRC6I THE CENTER LINE OF PALM DRIVE TO THE EASTERLY BOUNDARY OF OLD ROBSTOWN ROAD, AND UP RIVER ROAD FROM THE WESTERLY BOUNDARY LINE OF OLD ROBSTOWN ROAD TG THE SOUTHERLY BOUNDARY LINE OF TEXAS STATE HIGHWAY #9 AS TO SPECIAL BENEFITS TO ACCRUE TO SAID PROPERTY AND THE REAL AND TRUE OWNERS THEREOF, BY VIRTUE OF THE IATROVE- MENTS OF SAID STREETS WITHIN THE LIMITS DEFINED, AND AS TO ANY ERRORS, AND INVALEDITIES OR IRREGULARITIES IN ANY OF THE PROCEEDINGS OF CONTRACT THEREOF, OVERRULING APED DENYING ALL PROTESTS AND OBJECTIONS OFFERED, EXCEPT THE CHANGES REFLECTED HEREIN, FINDING AND DETERMINING THAT THE PROPERTY ABUTTING UPON THE PORTION OF LIPAN STREET AND UP RIVER 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 PORTIONS OF LIPAN STREET AND UP RIVER ROAD, .AND LEVYING AN ASSESSMENT 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 STREETS 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 AM PROVIDING THE MANNER AND METHOD OF COLLECTION OF SAID ASSESSMENTS AND CERTIFICATES; APED DECLARING AN EMERGENCY, WHEREAS, The City Council of Corpus Christi, Texas, by duly enacted ordinance passed and approved on July 30, 1958, determined the necessity for, and ordered the improvements of Lipan Street and Up River 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 July 30, 1958, said portions of said streets to be improved being as follows, to —wit: Lipan Street from the Westerly boundary line of Nineteenth Street to the center line of Palm Drive, Up River Road from the center line of Palm Drive to the easterly boundary line of Old Robstown Road, Up River Road from the westerly boundary line of Old Robstown Road to the Southerly boundary line of Texas State Highway #9, 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 provided by the Corpus Christi City Charter and by law, did award a contract for the construction of said improvements to Heldenfels Brothers on its lowest and most advantageous bid and said contract has been heretofore duly executed by said City of Corpus Christi and Heldenfels Brothers, and is dated June 11, 1958, 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 portions of Lipan Street and Up River 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 July 30, 1958, did determine the necessity of levying an assessment for that portion of the cost of constructing said improvements on portions of Lipan Street and Up P.iver 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 3;00 o'clock P,NI,, on August 20, 1958, in the Council Chamber of the City Hall of Corpus Christi, Texas, for the real and true owners of the property abutting upon said street, within the limits above defined, and for all others owning or claiming any interest in, or otherwise 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 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 Statutes of Texas; and WHEREAS, said City Council did further order and direct said City Secretary, ` and in addition to said published notice as aforesaid, which was provided to be vali(Y 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 require- ments 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 des- cribed 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 August 9, 1958, August 12, 1958 and August 19, 1958, said notice so published having included therein a list of the —3— 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 August 20, 19587 at 3:00 o'clock P,ffi„ in the Council Chamber of the City Hall in the City of Corpus Christi, Texas, in accordance with said ordinance and notice, at which time an opportunity was given to all said 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 and notice, at which time the following appeared and offered the following testimony; —4— IiAYOR .i PIR. D. W. GRANT, BY LETTER TO JRAHN JONES. DATED AUGUST lam, REQUESTED TO BE CONTACTED WITH REGARD TO ITEM 53, FREDERIC TRACT, ON THE BA515 THAT HE IS SELLING THAT PROPERTY TO MAGNOLIA AND DOES NOT WANT TO HAVE TO PAY FOR CURB AND GUTTERS WHICH MIGHT BE TAKEN OUT; ITEM 55, LOT 1, WOO DLAWN, ON THE BASIS OF IT BEING UNIMPROVED PROPERTY, ASSESSED FOR A DRIVEWAY WHICH HE 15 NOT CERTAIN HE WANTS BECAUSE HE DOES NOT KNOW HOW THE PROPERTY WILL BE UTILIZED; AND ITEM F3, PART OF 7 & 3, SUBURBAN HOME aITES, WITH REGARD TO THE SIDEWALK ASSESSMENT ON THE BASIS OF AN EXISTING SIDEWALK 014 THE SOUTH SIDE OF THE BUILDING. NOTION BY ROBERTS, SECONDED BY BIGLER AND PASSED THAT THE HEARING BE CLOSED, AND THE PROTESTS BE TAKEN UNDER ADVISEMENT FOR STUDY. 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 heretofore had in reference to the improvements of said streets; and WHEP.EAS, 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 proceed- ings 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 portions of Lipan Street and Up River Road, 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 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 owners thereof, and said City Council did consider and correct all errors, invalidities 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 proceed- ings 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 that the assessments —5— hereinbelow made and the charges hereby declared against said abutting property on said Lipan Street and Up River 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 over- ruled and denied: NOW, THEREFORE, BE IT ORDAINED BY TIME CITY COUNCIL OF THE CITY OF CORPUS CHRLRTI, TEXM: 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 Council hereby finds and determines upon the evidence heard in reference to each and every parcel of property abutting upon Lipan Street and Up River 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 constructions 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 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 contract heretofore had with reference to said improvements are in all respects regular, —6— proper and valid, and that all prerequisities 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 improvements of Lipan Street and Up River 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 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 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: —7— PAVING ASSESSMENT Sheet 1 NORTH SIDE LEPAN STREET FROM -- UNIT I 6" Caliche Base 3" Hot -Mix Base and 19T1l STREET TD P.41M DRIVE TYPE OF PAVEMENT 12" Hot -Mix Surface ^^ HELDENF'ELS BROS. CONTRACTOR CONTRACT DATE u0' Face to Face of Curb ROADWAY ASSESSMENT RATE PAVEMENT AND CURB AND GUTTER (Not including sidewalk or driveways) ASSESSMENT COSTS Residential Rate Per Front Foot (R -1 - R -2) Assessment for Sidewalk per Square Foot $0.36636 $6.31136 Business Rate Per Front Foot Assessment for Concrete Driveway per Square Ft. 0. 9225 (Other than R -1 and R -2) BASED ON 40 FEET OF STREET WIDTH Length Type Depth Lin. % Pay. Assessment Crdt for PROPERTY OWNER NAME OF ADDITION Bloct Lot Abut. of Owner- ft. 0± Rate Paving and Sidewalk Sidewalk Drive- Driveway Existing TOTAL No. No. Prop. Zenin-ship Impra�c Charg& Curb and Sq. Ft. Assess- wa,; Assess- acili- ASSESSMENT H from St ments able Gutter merit Sci. F N I N E T EE_NT H S TR_E E T 1 Missouri Improve- Paving 3 1,67 �'0 , went Comoanv 02.02 H -1 1 100 ' lOS .62 100 6 6- `.O' -- OG 208. �- q 888 2 Robt. J. Kleberg Est. Rankin Tract 6C,.0 H -1 100 260.0 100 1 641. 9 60.2 1 .81 181 12 . 0 " 8 P 0 R T ±V _ E_ N U E_ 3 Robt. J. eber ` � 2 142.1 4 en ra ower Light Company Rankin Tract 50.47 H -1 100 } 441.2 1r)0% 2,785.14 1 4x5.8 915. 06 S'6053 2, 739, 6T 5 an H. Properties Association Rankin Tract 84.86 H -1 100 IT 484. 86 100 060.12 1 1,847.441 6 6.8 208 14 1,4q4.2 2 L M 11 R I V 6 Sheet 2 PAVING ASSMENT SOUTH SIDE LIPAN STREET FROM 19TH STREET TO PALM DRIVE -- UNIT 1 6" Caliche Base 3" Hot -Mix Base HELDENFELS BROS. CONTRACTOR TYPE OF PAVEMENT and 12" Hot -Mix Surface 0' Face to Face of Curb ROADWAY CONTRACT DATE ASSESSMENT RATE PAVEMENT AND CURB AND GUTTER (Not including sidewalk or driveways) ASSESSMENT COSTS Residential Rate per Front Foot (R -1 - R -2) Assessment for Sidewalk per Square Foot $0.36636 $6.31136 Business Rate Per Front Foot Assessment for Concrete Driveway per Square Ft. 9225 (Other than R -1 and R -2) H+ PROPERTY OWNER NAME OF ADDITION Block No. Lot No. Le.gtl Abut, Prop. Type of Zoning Depth Owner ship i'rorr. St Lin. Ft. of Improve ments % Pay. Rate Charge able Assessment Paving and Curb and Gutter Sidewall sq. ft Sidewalk Assess- ment Drive way S . Ft Driveway Assess- ment Crdt for Existing Facili- ties TOTAL ASSESSMENP N I N E T E E N T H S T R E E 6 Missouri Improve- R—kin Tract 10 H -1 loo ' 0 8.Ga loo 6 68 .6 8 42 Pavin 3 8 331.6 �7 ._ 16,771.27 1 40.1 7 Robt. J. KlebergFA Rankin Tract 260.1 H -1 100 } 260.11 100 1 G .'O 1,040.4 '8 P O T A V E N U 8 Robt. J. Kleberg�bt Rankin Tract 296.9 H -1 100 } 287.83 100fo 1,816.60 1,151.3 421.80 416.89 1,821.51 9 an H Properties Association Rankin Tract 934.4 H -1 100 } 925.23 100% 1 5,839.46 ' 516. 1,28'8.46, 287, l 40. TC TAL UNIT 226 9.3a Sheet -3 PAVING ASSESSMENT NORTH SIDE LIPAN STREET FROM ROBSTOWN ROAD -- UNIT 2 41" Hot -Mix Asphaltic Conc. Base & TYPE OF PAVEMENT 11" HAsphaltic Cone. Surface BELDENFELS BROS. CONTRACTOR CONTRACT DATE 0' Face to Face of Curb ROADWAY ASSESSMENT RATE PAVEMENT AND CURB AND GUTTER ASSESSMENT COSTS (Not including sidewalk or driveways) 6.49589 Residential Rate per Front Foot Assessment for Sidewalk per Square Foot 0. 63 6, 66 (R -1 - R-2) Assessment for Concrete Driveway per Square Ft. '0.(9225 $8.23591 Business Rate Per Front Foot ( Other than R -1 and R-2) BASED ON 40 FEET OF STREET WIDTH ength Type Depth Lin. Pay. Assessment rdt.for PROPERTY OWNER NAME OF ADDITION Block Lot Abut. of er- ft. of Rate Paving and Sidewalk Sidewalk Drive- Driveway Existi-ne TOTAL H No. No. Prop. Zoning ship Imp harge- Curb and Sti. Ft. Assess- way Assess- Facili- SESSMENT P A L I D R I V E 10 City of Nelson No. 1 3 1 1 -2 50 1 HI 1 92.55 150 1 100% 1,235.39 552 202.23 109 75.45 1,513.07 1 Alley Nelson No. 1 3 10 10 2 Howard R. Garner Nelson No. 1 3 E50' 9 -10 50 A -2 94.09 50 100`$ 411.79 16o 58.62 91 62.99 533.40 3 W. H. Wagner Nelson No. 1 4100 ' _ 00 A -2 .14 100 10 82 360 131.8 1 62. 65'0.00 F S H E T RE T 4 Corpus Christi Seven Oaks 6, 7, 8 All 87.50 A -2 100 4 787.5 100% 6, 485.78 1962 1 718.80 13''1- 0° 206.98 348.48 06 03 7, 3 5 Corpus Christi 14 All A -2 100 53.89 10 443.8 215.56 78.97 22.8,E I S Dist Barthlome 53.89 6 Corpus Christi Rose Street 64.67 A 100 64.6 100% 5.32.62 258.68 94.77 627. =a Ind. School Dist. Closed -2 7 Corpus Christi In School Dist Rose Street 15 All 79.21 R -1 100 79.21 10 514.54 316.84 116.08 630. 2 8 Corpus Christi Re -Sub. of Lot of Tracts I & 2 R 100 4 132 100th 857.46 528' 193.4+ 1,050.90 Ind. School Dist. A. Barthlome s cre 32 -1 Re- Sub.of Lot A of A. 4 132 10% 857.46 528 193.44 1,050.90 9 R. Morgan Barthlome's Acre acts 3&4 32 R -1 100 0 R. Morgan Re- Sub.of Lot 7 BarthlrnwIs Acre of A. s 66 R -1 100 4 66 10 428.73 264 96.72 525.45 1 Joe J. Dreis Re- Sub.of Lot 7 I BarthlDmeis Acre Tr of A. cts 1 6 66 R -1 100 66 1 428.73 264 96.72 525.45 Re-Sub.of Lot f A. E28' f 28 1 181.88 72 26.38 91 62.99 271.25 Joe J. Dreis Tr 28 R -1 100 Sheet PAVING ASSESSMENT NORTH SIDE LIPAN STREET FROM PALM DRIVE TO OLD ROBSTOWN ROAD -- UNIT 2 411' Hot -Mix Asphaltic Cone. Base & TYPE OF PAVEMENT 13" Hot -Mix Asphaltic Conc. Surface HELDENFELS BROS. CONTRACTOR 2 0' Face to Face of Curb ROADWAY CONTRACT DATE ASSESSMENT RATE PAVEMENT AND CURB AMID GUT'l'ER (Not including sidewalk of driveways) ASSESSMENT COSTS $6,49589 Residential Rate per Front Foot Assessment for Sidewalk per Square Foot $0. 63 636 (R -1 - R -2) Square Ft. $0.69225 1,8.23591 Business Rate per Front Foot Assessment for Concrete Driveway per (Other than R -1 and R -2) BgED ON 40 FEET OF STREET WIDTH Lin. Pay. Assessment Crdt. fo Lengt Type Depth ft. of Rate Paving and Sidewalk S4dewalk rived Driveway Existing TOTAL PROPERTY OWNER NAME OF ADDITION Blo Lot Abut. of Owner- snip e° Charge. Curb and Sq. Ft. Asses, "ay Assess Facili- ASSESSMENT No. No. Prop. oning from St merts able Gutter mexat Sq F , t. ment ties Re- Sub.of Lot 6, A. W32' R loo+ 32 100 7.87 128 46.89 254.76 23 Berth Upham c 32 -1 24 Berth U ham e- u .o o , Barthlome Acre T acts 8 60 R -1 100} 60 10 8a. 180 65.94 136 94.15 549.84 �5 Dr. Pepper arthlome's Acre 0 L -I 100+ 120 lOG% 988.31 428 156.80 118 81.68 1,226.79 Bottli Co a Tracts 5 'e 4.1 26 L. A. Felder 4 20 R- re 0' 60 R 100 60 100 8 240 8 . 2 4 .6 27 A. G. Rhodes re F W50' 50 -1 R -1 100} 50 100,% 324.79 160 58.62 91 62.99 446.-_ 28 R. W. Telford re E10' of 3 844.46 440 # /6/20 - r3 /Bg � I25.eB /,/3/.6/ 2 D. N. Wri t 1 f 30 R -1 100} 130 lo0`% arthlome's Acre E10' of 2 $ 100} 150.78 100% 1,241.81 323.2 118.38 632 437.50 1,79'.' jo L. A. Felder r f 1 ^1 N TJ E C E S B Y 0 U L E V A R D - 31 Philip Doss ie Bagnall 12,23_ 4.8 B- 100 224.8 10 1,852.11 61.6 226.98 1 332 922.08 00 Alley tie�� 21.1 21.17 -- _ 33 C. B. Rice and Bagnall 1 50 B -3 1001 150 lUG� 1,235.39 480 175.85 571 395.27 Wm S der L D R 0 B S T 0 N F 0 A D PAVING ASSESSMENT SOUTH SIDS LIPAN STREET FROM PALM DRIVE TO OLD ROBSTOWN ROAD -- UNIT 2 W r Hot -Mix Asphaltic Cone. Base & CONTRACTOR HELDENFELS BROS. TYPE OF PAVEMENT 1�" Hot -Mix Asphaltic Cone. Surface 0' Face to Face to Curb ROADWAY CONTRACT DATE ASSESSMENT RATE PAVEMENT AND CURB AND GUTTER (Not including sidewalk or driveways) ASSESSMENT COSTS $6.5 9589 Residential Rate Per FrontRrot (R -1 Assessment for Sidewalk per Square Foot $0.36636 $8.23591 Business Rate Per Front Foot Assessment for Concrete Driveway per Square Ft. O. 9225 (Other than R -1 and R -2) BASED ON 4o FEET OF STREET WIDTH epth Lin. % Pay. Assessment Crdt for Owner- ft. of Rate Paving and Sidewalk idewalk Drive Driveway Existing TOTAL Owner- PROPERTY OWNER OF ADDITION Block Lot Length Type ASSE53ENP Abut. ship - Charge- Curb and $q. Ft. Assess- WAY Assess - No. No. of r ring fromST. ments able Gutter ment S . Ft. t ties P A L V E g 7• R -1 loo f l00% 6413.20 3,845.08 1,408.68 236 163.37 7,985.25 � '•lslo /y cross 34 Peterson Tract 9 A 100 r987.27 100 1577.34 558.08 204.46 4'rl 26.05 2 107.8 35 John A. Hatc and Rhoda Hatch Peterson Tract 191.5 -4 36 Dr. C. P. Jasperson Peterson Tract 98.9 R -1 loo loo 642.57 323.68 118.58 164 11 .5 8 4.68 W. C. Ba =. rd Peterson Tract 143.9 1 R -1 100 143.y5 100% 935.08 535.80 196.30 1 91 62.98 1,194.37 146.8 R -1 100 t 146.80 l00% 953.60 471.20 172.63 263 182.06 1,308 38 R. Morgan Peterson Tract 57 R -1 100 57 100% 370.26 188 68.88 91 62.99 502.1' 39 W. A. Saunders T eterson Tract .5 R -1 100 164.5 100% 1068.57 578 211.76 181 125.30 1,405. 40 Joe W. Johnson Peterson Tract 2 1 130 R -1 82.75 130 82.75 698.79 520 190.51 4/Q o0 4l Harry Weisman W S T G T E R I V E /�2SOD 42 T. B. Gallagher Westgate Height Dunlap Tract 1 1 L.0 94.69 R -1 R -1 8 100 ; 1 0 94.69 8 l00% 38.65 615.09 680 326.76 249.12 119.71 118 81.69 816.4c,, 43 Fern L. North A. N. DartstV Mghland EstateE 1 1 64 R -1 R -1 loo ; loo ' 64 64 lo0% l00% 415.74 415.74 256 256 93.79 93.79 30.40 9 "- 44 45 0. Porcher H1 and Estate 1 2 64 L N G V_ I E_ W I E S T ' Crad /f 'or Exisf%ny �Siore / 4� PAVING ASSESSMENT Sheet 6 SOUTH SIDE LIPAN STREET FROM PALM DRIVE TO OLD ROSBTOWN ROAD -- UNIT 2 41" Hot -Mix Asphaltic Conc. Base & CONTRACTOR HELDENFELS BROS. TYPE OF PAVEME NT 1" Hot -Mix Asphaltic Conc. Surface 40' Face to Face of Curb ROADWAY CONTRACT DATE ASSESSMEND RATE PAVEMENT AND CURB AND GUTTER (Not including sidewalk or driveways) ASSESSMENT COSTS $6.49589 Residential Rate per Front Foot Assessment for Sidewalk per Square Foot $0� (R -1 - R -2) $8.23591 Business Rate Per Front Foot Assessment for Concrete Driveway per Square Ft. 0. 9225 (Other than R -1 and R-2) BASED ON 4o FEET OF STREET WIDTH ength Type Depth Owner- Lin. of Pay. to Assessment Paving and Sidewalk Sidewalk Drive- Drivewa rdt. foi :isting TOTAL w PROPERTY OWNER NAME OF AD ➢ITIO Black No. Lot No. Abut. Prop. of Zoning ship . mpro e harge- Curb and Sq. Ft. Assess- way Assess- Facili- SESSMENP H s e S F 052.56 46 L. G. Talbert Highland Estates Barr Keeler 2 1&2 75 2 145 75 R -1 R -2 100} 100 45 100 10 941.90 487.19 520 224 190.51 82.06 136 172 94.15 119-07 /94.00 688.32 47 E. D. Barton 48 Ima Holman Barr Keeler W E 5' -2 0'- 75 R -2 100 5 10 487.12 00 lo g.91 .10 F I R V E W D R I E 4 100 R -2 1004 LOO 100% 649.59 344 126.03 127 87.91 863.53 49 W. M. Morgan Barr Keeler Morris E 1.80 61.8 B- 1o0} 61.80 10 508.98 68 24.91 58.08 475-81 50 Barr Keeler W ° 8 2& 5 110 B- L D 1001 R 0 B 110 S T 0 TA 10 N R 09.95 0 A D 145.20 76o.75 5� umble Oil & Barr Keeler TAL ASSE SMENP UNIr II -- 49 076./6 Pr'ce $ L37,688.45 Original Contract 7/ 7-05-AG Property Owner, Ass ssme is $ 65, gg Cost to City $ PAVING ASSESSMENT SOUTH SIDE LIPAN STREET FROM OLD ROBSTOWN ROAD TO HIGHWAY N0. 9 -- UNIT III 41t Hot -Mix Asphaltic COnc- Base & H9ZEMLS BROS. CONTRACTOR TYPE OF PAVEMENT 1 Hot -Mix Asphaltic Conc . S�xr_face O' Face to Face of Garb ROADWAY CONTRACT DATE ASSESSMENT RATE PAVEMENT AND CURB AND GUTTER (Not including sidewalk or driveways) ASSESSMENT COSTS $6.49589 Residential Rate Per Front Foot 0. (R -1 R -2) Assessment for Sidewalk per Square Foot 366 6 8.23591 Business Rate Per Front Foot Assessment for Concrete Driveway per Square Ft. 0. 9225 (Other than R -1 and R -2) z.c+m ciTtttm *Credit for Lxcavazion m -r2 - PROPERTY OWNER NAME OF ADDITIO Magnolia Per 1 um Co Frederic Tr ct D. W. Grant Frederic Tract Wm. & Helen Garnett Meyer Frederic Tract D. W. Grant Woodlawn g jugmas Co W Barbara J. Gray Woodlawn A. M. Lacey Woodlawn Albert Olden Woodlawn Block Lot No. No. 1 2 3 4 5 Lengt e Abut. of Prop. oning 100 B -3 131.3 B -3 145.8 A -2 99.8 A -2 loo R -2 104 R -2 loo R -2 100 R -2 Depth Owner- ship 100} 100{ 100} 100} 100 loo} 100} 100} Lin. t. of mprove 100 131.32 145.84 99.8 loo 104 loo 100 100 100 % Pay. Rate Charge - 100 loO�a 100' 1 00 IOQ% 100% look 1000 100% 1OO� 100% Assessment Paving raand 823.59 1,081.54 1,201.12 821.94 6 . 675.57 649.59 649.59 649.59 649.59 259.84 tSA7.S11 Ssgew k 138 485.28 V11 4U r�l Sealk 50.56 177.79 yr v Drive- 854.25 104 Driveway 591.35 71.99 rdt. for acili- ASSESS 1 465.50 11331.32 H 52 53 455.36 359.20 44 376 360 .960 -#�- 360 360 364 166.83 131.60 126 0 137.75 131.89 /3/. B9 310.8 2 301 341 27/ 271 231 21 18 .60 208.37 236.06 iBZ6o 187.60 159.91 1141.14 1 021.69 1,017.49 969' zl �3 181.45 832.03 403.22 53.17 161.29 231.1 54 55 56 57 8 X31.89 131.89 133.36 E. C. Peterson Woodlawn Dr. J. V. Blair Woodlawn 6 7 loo R -2 100 R -2 100} 100} 61 62 Nellie Woodlawn 8 loo R-2 100 40 T.1- Ft_ *Credit for Lxcavazion m -r2 - Sheet 8 PAVING ASSESSMENT _� III NORTH SIDE LIPAN STREET FROM OLD ROBSTOWN ROAD TO ffiGHWAY NO. 9 - 411 Hot -Mix Asphaltic Conc. Base & 86.61 HELDENFEIS BROS. CONTRACTOR ROADWAY TYPE OF PAVEM&NT Tlot Mix Asphaltic Conc. Surface 0' Face to Face of Curb RATE PAVEMOU AND CURB AND GUTTER CONTRACT DATE ASSESSMENT (Not including sidewalk or driveways ASSESSMENT COSTS $6.49589 Residential Rate Per Front Foot R-2) (R -1 - er Square Foot 0.36636 Assessment for Sidewalk P q 01.9 $8.23591 Business Rate Per Front Foot (Other than R -1 and R -2) er Square Ft. 0. 9225 Assessment for Concrete Driveway p q 407.60 BASED ON 40 FEET OF STREET WIDTH 988.57 B_3 rdt. for Le; Type Depth Lin. % Pay. Assessment Rate Paving and Sidewalk Sidewalk Drive- Driveway Existing TOT SESSME 62.99 PROPERTY OWNER AME OF ADDITION lock Lot Abut. of Owner- Prop. Zoning t. of a Charge - Curb and Sq. Ft. Assess - way S Ft Assess- Facili- met ties 2,393 -60 No. No. S e a ment 2,881.69 ~ 0 L D O B S T 0 W 1320. 36 663. I , --,d bue Rome rt o 68.3 B -3 100} 68.38 100% 563.17 273.52 100.21 6R &8 D. W. Grant Sittes s -- - 66 41+ 61 1 1 6. 4 ' W. C. Ghormley Martha A. Mayf Ben Vaughan Geo. Clark Mrs. M.F. Fort Humble Oil & Suburban Home Suburban Home Suburban Home Sites E.R. Oliver Tr E. R. Oliver Tract_ E. R. Oliver Tract E. R. Oliver TOTAL ORIGIVAL, VvivJ TOTAL PROPERTY OWN TOTAL COST TO CITY t for Curb & Gutter, ; B- 100 86.61 100 OLIVE R C O U R 100} 01.9 look 839.24 407.60 149.33 988.57 B_3 100�n 839.24 367.6 134.67 91 62.99 1,036.90 B -3 10 0} 01.9 90.63 1006 2,393 -60 1,122.52 411.25 111 76.84 2,881.69 B -3 loo} 1320. 36 . _ _ I , --,d I , on of 1 544.4 1 199.45 1 167,104.47 per Lin. Ft. To CITY 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 assessment herein adopted, it being the intentions that each parcel of property and the real and true owner or owners thereof abutting on portions of Lipan Street and Up River 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 said portions of Lipan Street and Up River Road, all certificates hereinafter provided for, issued to evidence said assessments against said parcels of property abutting upon said streets, and the real and true owner or owners thereof, shall be issued 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 the hereinabove shown in section 3 hereof, to be determined by the Director of Public Works upon completion of said work on Lipan Street and Up River Road, and the findings of said Director of Public Works shall be final and binding upon all parties concerned. SDCTION 5. That the several sums mentioned above in Section 3 hereof assessed against said parcels of property abutting on portions of Lipan Street and Up River Road, within the limits defined, and the real and true owner thereof, whether named or correctly named herein or not, subject to the —8— provisions of Section 4 hereof, together with interest thereon at the rate of five percent (57o) 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: July 30, 1958, 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 enforceable 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 same so assessed shall be payable as follows, to —wit: in live (5) equal annual 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), and four (4) years from and after said date of accept- ance, deferred payments to bear interest from said date of acceptance at the rate of five percent (576) 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 their assigns, be, and become immediately due and payable and shall be collectible together with reasonable attorneys 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 —9— Brothers shall look solely to such property and the real and true owner or owners thereof, for the payment of the sums validly assessed against said respective parcels of property, but said City shall be obligated to furnish Heldenfels Brothers valid assessments and assessment certificates and shall exercise all of its lawful powers and aid in the enforcement and collection of said liens and assessments; and if default shall be made in the payment of any of said sums herein assessed against the said parcels of property, and the real and true owner or owners thereof, collection thereof shall be enforced at the option of Hendenfels 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. BECTION 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 assess- ment levied hereby or the certificate issued in evidence thereof. That the said certificate shall further provide substantially that if —10— 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 real and true owners or owner 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= July 30, 1958, 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 proceed- ings 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 recitals —11— 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 there- of shall suffice. SECTION 8. That all such assessments levied are a personal liability and charge against the real and true owner or owners of the property described, or attempted to be described, notwithstanding such owner or owners may not be named or correctly named, and any irregularity in the name of the property owner, or the description of any property or the amount of any assessment, or in any other matter or thing shall not in anywise invalidate or impair any assessment levied hereby or any 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 enforceable, 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 portions of Lipan Street and Up River Read, 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 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 estimate of said assessment 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 9. The fact that Lipan Street and Up River Road have become important thoroughfares and connect important thoroughfares and the fact that the present condition of the streets, within the limits herein defined, are dangerous —12— to the heolth 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 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 V9 day of August, A. D., 1958. ATTEST: City S etary / APPR(MED AS TO LEGS. FORId: 1 i City Attorri r� :.:n5rca City of Corpus Christi, Texas -13- CARPUS CHRISTI, TEXAS 1958 TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS GENTLEMENS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF 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 MEETINQS 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- DUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, Z�: i A THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTES FARRELL D. SMITH C C-4 W. J. ROBERTS LL -t B. E. BIGLER MANUEL P. MALDONADO CHARLIE J. AILLS ARTMUR R. JAMES Lc ODELL INGLE [ THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTES FARRELL D. SMITH L� < W. J. ROBERTS B. E. BIGLER MANUEL P. MALDONADO CHARLIE J. AILLS ARTHUR R. JAMES -(.,C Jc ODELL INGLE -(L+