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+