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HomeMy WebLinkAbout05891 ORD - 08/31/1960AN ORDINANCE CLOSING THE BEARING GIVEN TO THE REAL AND TRUE OWNERS OF PROPERTY ABUTTING UPON BOOTY STREIST FROM THE 'WESTERLY LINE CF OCEAN DRIVE TO THE EASTERLY BOUNDARY LINE (W SANTA FE STREET AS TO SPECIAL BENEFITS TO .ACCRUE TO SAID PROPERTY AND THE REAL AND TRUE OWNERS THEREOF 'BY VIRTUE CF THE IMPROVEMENT OF SAID STREET WITHIN THE LIMITS DEFINED, AND AS TO ANY ERRORS, -AND INVALIDITIES OR IRREGULAR- ITIES IN ANY OF THE PROCEEDINGS OF CONTRACT THEREOF, OVERRULING AND DENYING ALL PROTESTS AND OBJECTIONS OFFERED, EXCEPT THE CHANGES REFLECTED HEREIN, FINDING AND DETERMINING THAT THE PROPERTY ABUTTING UPON SAID IREET, 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 A PORTION OF BOOTY STREET, -AND LEVYING AN (ASSESSMENT FOR THE PAYMENT OF A PORTION OF THE COST CF _ R9'S ON SAID STREET, WITHIN SAID LIMITS, FIXING A CHARGE AND LIEN AGAINST THE PROPERTY- ABUTTING upom SAID STREET AND THE REAL AND TRUE OWNER OR OWNERS THEREOF, PROVIDING FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES UPON THE C(MPLETION AND AGCEPTAZI CE WORK, THE MANNER AND TIME E OF PAYMENT.AND PROVIDING THE MANNER AND METHOD OF COLLECTION OF SAID ASSESS.AND CERTIFICATES; AND DECLARING AN EMERGENCY. WHEREAS, The City Council of Corpus Christi, Texas, by duly enacted ordinance passed and approved on July 27, 1960, determined the necessity for, and ordered the improvement of a portion of Booty Street, 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 27, 1960, said portion of said street to be improved being as follows, to -wit; Booty Street from the Westerly line of Ocean Drive to the Easterly boundary line of Santa Fe Street; a duly executed notice of said ordinance having been filed in the name of said City with the County Clerk of Nueces County, Texas; and WHEREAS, said City Council of the City of Corpus Christi, Texas, after having advertised for and received bids on the construction of said improvements for the length of time and in the manner and form as required by the Charter of 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 their 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 July 219 1960, 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 W'EAS, 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 a portion of Booty Street, within the limits herein defined, to be improved, and the real and true owners thereof, and said Director of Public {Yorks 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 27, 1960, did determine the necessity of levying an assessment for that portion of the cost of constructing said improvements on a portion of Booty Street, 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 oAclock P.M. on August 17, 1960, 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 street, within the limits defined, by publication in the Corpus Christi Times, the official newspaper of the City of Corpus Christi, a newspaper published —2— v o � 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 Secrdtary, in addition to said published notice as aforesaid, which was provided to be valid and sufficient in itself, to include in said notice a list of the apparent owners of said abutting property as set out in said Director of Public Works' written report, and providing that said list of apparent owners and the descriptions of said properties, so included, ,shall be cumulative of and in addition to the requirements of said notice as required by law and shall not be conclusive as to the real and true owners or the descriptions of said abutting property nor limit said notice to such owners named, or the properties described, but that said notice shall neverthe- less be directed to the real and true owner or owners of said abutting property, whether named or correctly named, or said property described or correctly described therein or not; and WHEREAS, said notice as ordered and directed by said.City Council, and as required by said Acts and Charter of said City as above identified, was duly given publication of same in the Corpus Christi Times, a newspaper published in the City of Corpus Christi, Texas, on.August 2, 1960, August 9, 1960, and August 16, 1960, said notice so published having included therein a list of the apparent owners as set out in said Director of Public Works* written report as directed in the afore- said 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 17, 1960, at 3 :00 oeclock P.M. in the Council Chamber of the City Hall in the City of Corpus Christi, Texas, in accordance with said ordinance and notice, at which 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 o accordance with said ordinance and notice, at which time the following appeared and offered the following testimony; -4- Mayor King announced the Council would next hold a public hearing on the Booty Street Improvements and proposed assessments to the abutting property owners from Ocean Drive to Santa Fee City Engineer, Obie L. ]Etheridge, testified in detail in answer to ques- tions by City Attorney Singer, as to the specifications for the improvements; as to construction and as to the City's policy whereby the cost of improvements are assessed. He stated that some rehabilitation of water and gas lines now com- pleted or to be done at City expense, will provide.better and more trouble-free service to the neighborhood. The present narrow and congested street will be rebuilt with new construction as follows. The street will be excavated 43° wide, to 1' back of curbs. An 81B com- pacted caliche base will be placed. A 6" curb with 1818 gutter will be constructed, 40' face to face. Curb and gutter along Spohn hospital is judged to be sound and on the proper line and grade, and will be retained, Hot -mix, asphaltic concrete; pavement will be laid, consisting of a " base course, and a 14" surface courss with crushed limestone aggregate. Sidewalks will be 4° wide and will be con- structed where usable sidewalks do not now exist. New 6" concrete driveways will replace existing driveways. The property is zoned for apartments, and the assess- ments are computed on the basis that each abutting owner pays 40 of the cost of the street; the cost includes excavation, base, pavement, curb and gutter, and sidewalks, at contract cost plus 64 percent for engineering and inspection costs, as directed by the Council. Appropriate adjustments have been made where header curbs, .sidewalks, or driveways already exist. Improvements to storm sewers and drainage along the street, not included in the assessment estimates., but paid by the City, amount to $6,238.50. The rate of assessment for the North and South side of Booty Street from Ocean Drive to Samtaft for curb and $4ntter & parse- meat per linear foot is $11.55299; for sidewalk per square foot,$0 °38340; for con- crete driveway per square foot,$0.79875; and for the North vide of booty Street the assessment for pavement only (curb & gutter left in place)is $9. 05695. The total contract price for the improvements is $31,577.05; total assessments against property owners is $20,243.68, and the City's portion of the contract is $13,571087° Inspected each of the properties involved in the assessment program and testified that in his opinion the properties would be enhanced in value at least to the extent of the assessment with the following exceptions,. Item 1, should be reduced from $2,399.07 to between $600 to $900. Item 2, should be reduced from $2,512.75 to between $600 to $90o. Item 3, should be reduced from $1,254.73 to between $400 to $7000 Item 4, should be reduced from $1,405.49 to between $400 to $700. Item 5, should be reduced from $1,587.71 to between $400 to $700, Item 6, should be reduced from $1,625.64 to between $500 to $900. Item 9, should be reduced from $1,689.85 to between $900 to $lloo. M[r- C, C. Wilson, owner of Lot 10, Block 4, Say Front Terrace protested, by letter, the assessment against his property, stating he had owned the property for 14 years and had been paying 5 percent of the.value each year as property teases that tkne City dnad colleted 75% ®f tb'e,? **Ule of the:: property nxa" lases and street improvement, Mr. Joseph Cohen, representing himself and his smother, appeared and protested the assessment of $1,689085 made against his property, being Lot 12, Block 9, ®cean View, stating it had not been practical to develop this property under its present zoning, and that in his opinion, the property will not be enhanced in the amount of the assessment. Requested adjustments and cori;ections based on requests and objections by property owners appearing were noted to be considered by the Council in the final assessments, and to be adjusted and corrected in those cases where the Council deems it advisable by subsequent ordinance. Everyone present who'wished to be heard having spoken, motion by Joe B -Dunn, seconded by Humble and passed, that the hearing be closed and the mattes be taken 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 with the cost of making said improvements of said portion of said street proposed to be assessed against said property, or as to any errors, invalidities or irregularities, in the proceedings or contract heretofore had in reference to the improvements of said street; and WHEREAS, said City Council has heard evidence as to the special benefits and enhanced value to accrue to said abutting property, and the real and true owner or owners thereof, as compared with the cost of making said improvements on said street, within the limits above defined, and has beard 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 state— ments, said City Council finds that each and every parcel of property abutting upon that portion of Booty Street -, 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 those proceedings were being had, and the proceedings of said City Council heretofore had with reference to such improvements, and in all respects to be valid and regular; and said City —6— Council did further find,sxpon said evidence that the assessments hereinbelow made and the charges hereby declared against said, abutting property on.said portion of Booty Street, the limits above defined, 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 considerating the benefits to be received and the burdens imposed thereby, and that all objections and protests should be overruled and denied: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That there being no. further protest or testimony for or against said improvements, said hearing granted to the real and true owners of abutting ._ property on said street, within the limits above defined, and to all persons, firms, corporations and estates, owning or claiming same or any interest therein, be, and the same is hereby closed and all protests and objections, whether specifically mentioned ar not, shall be, and the same are hereby overruled and denied. SECTION 2. That said City Council hereby finds and determines upon the evidence heard in reference to each and every parcel of property abutting upon Booty Street, 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 construction of said improvements to said portion of said street upon which said property abuts, will be in excess of the amount of the cost of said i.mprovements.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, proper and valid, and that all prerequisites -6- to the.fixing of the - assessment liens against said abutting properties, as herein - above 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 Booty Street, within the limits hereinabove defined, and is 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 mand the Charter of said City, with particular reference to Chapter 106 of the Acts of the First Called Session of the 40th Legislature of the State of Texas, known and shown as .Article 1105 -b of Vernon•s.Annotated Civil Statutes of Texas, as amended, there shall be, and is hereby levied, assessed and taxed against the respective parcels of property abutting upon said portion of said street, and against the real and true owners thereof, whether such real and true 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- 0 �7 -s, Oxj Y 6�U G CA E� F-3 N CD y�3. �O, K yam. 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IT M 6 b ro Fd d � o m c+ rn n fifi w o ro CD hi Fj � E+ re � yy y H tj tfD !rd ON n t i CQ �• �+'d F+ CDD c+ €D O N H E$ 0 o C> W 'ji N 01 O m t" D� iii U3 H- --3 w\n09 - \oW 1p O N N�� F03. 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 intention that each parcel of property and the real and true owner or owners thereof abutting on the portion of ,Booty Street, 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 sub- stantial equality, having in view of the special benefits to be received and the burdens imposed thereby; and;it is'< further ordained that upon final-campletion and acceptance of said improvements on said_portion.of Booty Street, all certificates hereinafter provided for, issued to evidence said assessments against said - parcels of property abutting upon said street, 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 here- inabove 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 said street, and the find- ings of said Director of Public Works shall be final and binding upon all parties concerned. SECTION 5. That the several sums mentioned above in Section 3'hereof assessed against said parcels.of.property abutting on the portion of Booty Street, within the limits defined, and the real and true owners thereof, whether named or correctly named herein or not, subject to the provisions of Section,4 hereof',. -8- together with interest thereon at the rate of five per cent (5%) per annum with reasonable attorneys - fee 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 improve- ments were ordered by said City Council, to -wit: duly 27, 1960,`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 five (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 acceptance, deferred payments to bear interest from said date of acceptance at the rate of five per cent (5 %) per annum, payable annually concurrently with each of said installments; past due installments of principal and interest to bear interest at the same rate per annum until paid; provided, however, that any owner of such property shall have the right to pay off the entire amount of such assessment, or any installment thereof, before maturity, by paying principal and accrued interest to date of said payment; and provided, further, that if default shall be made in the payment of any installment of principal or interest when due, then the entire amount of said assessment upon which such default is made, shall, at the option of Heldenfels Brothers, their successors or assigns, be, and become immediately due and payable and shall be collectible together with reasonable attorney *s fees and all costs and expenses of collection if incurred. HEMON 6. That the City of Corpus Christi, Texas, shall not in any manner be liable for the payment of any sums hereby validly assessed against any abutting property, and the real and true owner or owners thereof, but Heldenfels Brothers -9- 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 Heldenfels Brothers, their successors or assigns, either by suit in any Court having jurisdiction or by sale of the property assessed as nearly as possible in the manner as may be provided by law and Charter in force in said City for the sale of property for the collection of ad valorem taxes. SECTION 7. That for the purpose of evidencing said assessments, the liens securing same and the several sums assessed against the said parcels of property and the real and true owner or owners thereof, and the time and 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 street and acceptance thereof by said City Council, . which certificates shall be executed by the Mayor in the name of the City, attested by the City :Secretary with the corporate seal of said City, and which certificates shall declare the amounts of said assessments and the times and terms thereof, the rate of interest thereof, 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 other- wise, shall in anywise invalidate or impair the assessment levied hereby or the certificate issued in evidence thereof. That the said certificate shall further provide substantially that if default _10- shall be made in the payment of any installment of principal or interest when due then at tb& option of Heldenfels Brothers, their successors or 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 attorneyls 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: duly 27, 19609 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 success ors and assigns, by the sale of the property therein described in the manner provided for the collection of ad valorem taxes as above recited, or by suit in any Court having jurisdiction. That said certificates shall further recite in effect that all the proceedings with reference to making said improvements have been regularly had in compliance with the law and Charter in force in said City and the proceedings of said City Council of said City, and that all prerequisites to the fixing of the assessment lien against the property therein described, or attempted to be described, and the personal liability of the real and true owner or owners thereof, evidenced by such certificates, have been regularly done and performed, which recitals shall be evidence of all the matters and facts so recited and no further proof thereof shall be required in any Court. That all said certificates may have coupons attached thereto in evidence of each or any of the several installments thereof, which may be signed with the facsimile signatures of the Mayor and City Secretary. That said certificates shall further provide in effect that the City of Corpus Christi, Texas, shall exercise all of its lawful powers, when requested so to do -11- by the holder of said certificates, to aid in the enforcement and collection thereof, and said certificates may contain other and further recitals pertinent and appropriate thereto. It shall not be necessary that said certificates shall be in the exact form as above set forth, but the substance and effect thereof shall suffice. SECTION 8. That all such assessments levied are a personal liability and charge against the 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 that portion of Booty Street, which is exempt from the lien of said assessment, shall in no wise effect or impair the validity of assessments against the other parcels of property abutting upon said street; and that the total amounts assessed against the respective parcels of property abutting upon said street, within the limits herein defined, and the real and true owner or owners thereof, are the same as, or less than, the estimate of said assessment prepared by the Directorrof Public Works and approved and adopted by said City Council and are in accordance with the proceed- ings 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. -12- SECTION 9. The fact that Booty Street has become an important thorough- fare and the fact that the present condition of said street, within the limits herein defined, is dangerous to the health and public welfare of the inhabitants thereof creates a public emergency and an imperative public necessity, requiring the 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 fall force and effect from and after its passage, it is so ordained. PASSED AND .APPROVED this the 31st day of .August, A. D„ 1960. N . Ic3AY City of Corpu isti, Texas ATTEST: /cz X' - - City Se etar APPROVED AS TO LEGAL FORMS f City Attorney -13- CORPUS CHRISTI, TEXAS DAY OF , 19 F7 TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE- GOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST F -OR _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' I, THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIRE- MENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, G MAYOR THE ClT OF C PUS CHR9 61 , TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE; ELLROY KING JAMES L. BARNARD MRS. RAY AIRHEART fie- p JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GABE Lo7ANO, SR. C i THE ABOVE ORDINANCE WAS PASSED BY THE FOLLO' NG VOTEY ELLROY KING JAMES L. BARNARD- MRS. RAY AIRHEART / JOSEPH B. DUNN C. PATRICK J. DONNE R. A. HUMBLE C GABE LOZANO, SR. /�Ji