HomeMy WebLinkAbout05985 ORD - 11/23/1960AN ORDINANCE
CLOSING THE HEARING GIVEN TO THE REAL AND TRUE OWNERS OF PROPERTY
ABUTTING ON PffiA6--1=E-Z FROM THE WESTERLY BOUNDARY LINE OF
PORT AVENUE TO THE EASTERLY BOUNDARY LINE OF AIRPORTµRPAD AS TO
SPECIAL BENEFITS TO ACCRUE TO SAID PROPERTY AND THE REAL AND TRUE
OWNERS THEMCF BY VIRTUE OF THE IMPROVEMENT OF SAID STREET WITHIN
THE LIMITS DEFINED, AND AS TO ANY ERRORS, AND INVALIDITIES OR
IRREGULARITIES IN ANY OF THE PROCEEDINGS OR CONTRACT THEREOF', OVER-
RULING AND DENYING ALL PROTESTS AND OBJECTIONS OFFERED, EXCEPT THE
CHANGES REFLECTED HEREIN, FINDING AND DETERMINING THAT THE PROPERTY
ABUTTING UPON SAID STREET., 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 BEREIN
ASSESSED AGAINST SAID PROPERTY ABUTTING UPON A PORTION OF MORGAN
STREET, WITHIN THE LIMITS DEFINED, AND LEVYING AN ASSESaiENT FOR
THE PAYMENT OF A PORTION OF THE CAST OF IMPROVEMENTS ON SAID STREET,
WITHIN :SAID LIMITS, FIXING A CHARGE AND LIEN AGAINST THE PROPERTY
ABUTTING UPON SAID STREET AND THE REAL AND TRUE_
OjNERS THEREOF',
PROVIDING FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES UPON THE
COMPLETION AND ACCEPTANCE OF SAID WORK, THE MANNE�t AND TTME OF PAY-
MENT AND PROVIDING THE MANNER. AND METHOD OF COLLECTION OF SAID
ASSES9tigENTS AND TIFICATE.S• AND DECLARING AN EMERGENCY,
WHEREAS, The City Council of Corpus Christi, Texas, by duly enacted
ordinance passed and approved on October 5, 1966, determined the necessity for,
and ordered the improvement of a portion of Morgan 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 October
5, 1960, said portion of said street to be improved being as follows, to -wit:
Morgan Street from the Westerly boundary line of Port Avenue
to the Easterly boundary line of Airport Road;
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
S &6
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 September 6, 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,
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 a portion of Morgan Street, 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; arid,
WHEREAS, said City Council, by duly enacted ordinance dated October 5, 1960,
did determine the necessity of levying an assessment for that portion of the cost
of constructing said improvements on a portion of Morgan 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 o*clock P.M. on
October 26, 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 streets within
the limits above defined, and for all others owning or claiming any interest in,
or otherwise interested in said property, or any of said matters as to the
assessments and amounts to be assessed against each parcel of abutting property
and the real and true owner or owners thereof, and as to the special benefits to
accrue to said abutting property by virtue of said improvements, if any, or
concerning any error, invalidity, irregularity or deficiency in any proceedings,
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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 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
idfKMAS, said City Council did further order and direct said City Secretary,
in addition to said published notice as aforesaid, which was provided to be valid
and sufficient in itself, to include in said notice a list of the apparent owners
of said abutting property as set out in said Director of Public Works' written
report, and providing that said list of apparent owners and the descriptions of
said properties, so included, shall be cumulative of and in addition to the
requirements of said notice as required by law and shall not be conclusive as to
the real and true owners or the descriptions of said abutting property nor
limit said notice to such owners named, or the properties described, but that said
notice shall nevertheless be directed to the real and true owner or owners of
said abutting property, whether named or correctly named, or said property
described or correctly described therein or not; and,
WAS, said notice as ordered and directed by said City Council and as
required by said Acts and Charter of said City as above identified, was duly given
publication of same in the Corpus Christi Times, a newspaper published in the
City of Corpus Christi, Texas, on October 14, 1960, October 21, 1960, and October
25, 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
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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 October 26, 1966, at 3:00 otelock
Palk, 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:
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ID
ZSCOVOt --- --- NAUUtes of 00tabe. 2U 1960
mayor King reqonsaand We meetlag at 3 P.V., and annouaced the GOUAgil
would Aeld toe public hearing to tea. Oot$aa Meet
Nam Part aveuue to A Reed.
J Wham, DIVOCCOT of Public forkQ pr Q4 the pavio, plons asad
PtAlwWry as Baas sweat call; described We nature, 4MAL gad apeolficatipag Q
WO PrOPOS&I AnProv ts oa ANyou Street, NOW Oct AM= to Urpart Road; the
Coaz of 40astruwau; the ammant tw bo paid by tu'M City and r" ao".4' before
adjustmant, to be the abuttlag prqp4rty Owners As 000ner VA
I. szch pro rats sbaV4 too computed; and C40 Aatura QQ exteat of tAs propow
iavrovWWnts to be Pala for solely ly the zits.
Gragoly Wors aAd Wed qualke eoQ ladAridually tMauixL6d as to his
sducatlaa aW haMro4ad esperiamns VAICA he talc qualified as 4g a veal &ggeto
O*Prakev fur WtU busla= and =idantlal poreparte; and gge, 1"d1q1Au&1lye
tastAled that he 04 parsonALly viewed and understood W umnr and specifica-
tions of tha prapasud luvrovvmew; that Q 04 Personally view4d Z64
rolls slid duck 09 W properties to be Osataaad; and that = hip Oplaloa each 01
propertiev so w4s Weald be eahaacad iA VVIOC at Q to to extent Oz
P assessawax again9t eac4 propurtyo WAN the followina exteptivas.
It Me. 42, Samuel 1. pit -a Let., sboulA be adj ud from #3,579.9g to
42,00WOU, Awe to the Wedau slaps of-the property;
!tow A*. -'iWs should be Adjusted to $775 last Sgoordinia
tv Me. Moore, oad 4750 less acVarding to W mile, due to tho wedge shape of
t propart$.
ZAA9 full aviuz abuttlus pnepartl Owaarat or their agoats, appear ea to
wam Warmatton, or to make reivasts iq Conm-Wtion Witu �4414-oajk' Curbidjo or
dravvways wits rejereocu to a particular pt :e 01 Jttl ag propertyz
!tow So. 4, motor P. GsXQJ, aame d WUat 4w would bg allow, to coastrutt
is As WAY A dr1saways. It Was explained thot OAY uwrovss iA APUNUMents Ou4ch
as
dart vaways = Ue Made by 06 PJVP*Vty OWMaV paying thW yontragtor t4a djfforogMa
Wtw= tGe Qfltiaaal tonstrualloo and the assmsamwoti
zum Sw 5 4 6, A. A. stainmota, urg"t tAe C zd to caussAer a 60 jopt
PON14 scraet Wma Oct zz DOW,, to tit sa;$Js Qat moat Of W*w buaLaeam pro-
perties 4ava aotba a Mtruction as will Ova Uxtra 10, drxvewwya U was "-
Plain, to aim that since toe eltuatioa applied t rAjy all-e 214e 01 t4a. straiat,
tt wat oat recummended practice to w a savvet by only *40 jano or anty Ou
portion Oz tog ztreeQ a
nam W. ?, 4 & 9, gd&v d- Lava4z' WeaW Qtthar g 60 Q sccaez' or
aloe WOU14 like to QNe the g1dewall WyV14 closer to Wk'a ;61urb so thzgr' Ui* te"anza
n0aAA USQ the lawarve all g spacc bet as twz sidlewa.lk Aad taw "Uding
Or afl-awat Parking;
its 40. 19, TO-ay Gado')r�' o
'b erect to the tract balug. sO and agk*'a
if the City OWN in 10 JazzV to W14VA tA* $treat, 4041d CK shutzing Property
Quuars be aaaosaeo azal". it was Ouplained that Walt ;a it mivat Q le4a!Q
P0001biu, tiers Vera go pracedaax for au,4 VWWWOnal assessment provided the rOW
way was in goad W� fwitlpal 04� I= la need Of miaJor repair;
1'r
ItAm go. 21 & -4 ba, jot Cob ay. for y, for awaovtu uW&Law,
Ot"" tkAt he W&S 34tisgi0d, wilti, t4a 64)UStamd-C of $775 recommanded by XrQ
Moore , '144 WW therefore 4we 4" a private appr"Sal =ad*;
Item Mo. 36, PaU SeLvievar, stated j lag jrogt of 4ia
buLbdivig 0*4 Wald lum to us* twat Lutead af havig-4 a r" &no 'Aunstructe4.
It was wq4auxed zAat if an axiatiA& aidawalk U La Swo-d cou'aLZAAm and up-to-
Vade sad Ia thft publU r4At-of-way, t4a Citys P014CY $4 to ALLOW a Credit
for t"aa S4d0Qa1k,
lUm A*. 42, a repramuttative of gamei 1. pjt , st " thiat "
was Satisfied WIC4 the ad3usuwnt to UPOUP "Comamw by tbo apprai"ro, Mr.
�bove aud Mr. quails;
It aa. 55, 0. A. 4004., aar4 vtkdre the pavemam vgS iwi-os to be
plac*4s and was shown the via" k
item AD. 71, "$Qa was co"era" about Ub* area between
tAe $!,"wave m4 tkw batldiw6 tonstructioi— it was "pisia*a tuat 4t mr.
&Qdv4U*v, could Q Cka coment zuo ae;ftemnt of all coac&vaad within tike
u"t I" ualra, tAere v" mufficizat *fta U. tAxv p*rticalar aactioa to allow
the city Staff and t1w 3 0-C 4 abuttizRa Qv1*r*h&p6 to vock out a icevokmt "Ia.-44
arvanammat 3a. t4s nature of a &mjj snappi-4g 0"tar*,
It No. 15, Awascito ort and It 76, Lorauw artiz, w&et�*r
rCT4"ted a *QWmirlity *rivavay bet%m4r, u&* 2 propert440. M%AA as Opted, 4" it VS&
explairied tiut the assagameat for tkue dr1v"0$ Would be divided betwen
C.he 2 wm�vzk4ps-
�6 Vag at" presmat Appearad ca im Ueard,
hayor -Mviauftcodd LAU tut and ras;pdstr* md-a at
Wis ivariag 1AV41d 441L be giveQ d4e datails Qt arc
.1 adjustwAce
armaed vauid w wurk*4i a tviuwv, the "-zt tea aaga bajor& c4,a ;
ordiog"o approvizis ma Uaal &, %5 eat roil.
&%lon by Pat Vim, *"um4ad by Bamard aad Passed that t aeariza
be c,10"d and taken as ear adv"04wzM, as CURL Ux city Staff be authorized "
Vvepare tfita ear "ante U 46-
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,
W11.S, 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 coast of the 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 streets; and,
WHEREAS, said City Council has heard evidence as to the special benefits
and enhanced value to accrue to said abutting property, and the real and true
owner or owners thereof, as compared with the cost of making said improvements on
said street, within the limits above defined, and has heard all parties appearing
and offering testimony, together with all protests and Objections relative to such
matters and as to any errors, invalidities or irregularities in any of the
proceedings and contract for said improvements, and has given a full and fair
hearing to all parties making or desiring to make any such protest, objection, or
offer testimony and has fully examined and considered all evidence, matters,
objections and protests offered and based upon said evidence, testimony and
statements, said City Council finds that each and every parcel of property abutting
upon a portion of Morgan 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 street 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, invaliditdes 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
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proceedings were being had, and the proceedings of said City Council heretofore
had with reference to such improvements, and in all respects to be valid and
regular; and said City Council did further find upon said evidence that the
assessments hereinbelow made and the charges hereby declared against said
abutting property on said portion of Morgan Street, within 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
considering the benefits to be received and the burdens imposed thereby, and that
all objections and protests should be overruled and denied:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OFF CORPUS
CHRISPI, 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 or 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 Morgan 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 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 herein —
below made are just and equitable and produce substantial equality considering
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_g AN e
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 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 correct-
ly 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 Morgan Street, 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 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:
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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 Morgan 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 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 portion of Morgan
Street, all certificates hereinafter provided for, issued to evidence said assess-
ments 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 improve-
ments, the amount named in said certificate in no case to exceed the amount herein
assessed against such property unless such increase be caused by an excess of
front footage over the amount hereinabove stated, such actual cost and such actual
number of front feet, if different from 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 findings of said Director of Public Works shall be final
and binding upon all parties concerned.
SECTION 5. That the several sums mentioned above in Section 3 hereof
assessed against said parcels of property abutting on the portion of Morgan
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, together with interest thereon at the rate of five per cent (5%) per
annum with reasonable attorneyss fee and all costs and expenses of collection, if
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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, toWwit:
October 5, 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 attorneyts 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
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Heldenfels Brothers shall loom 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 heirs 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 suns 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 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
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anywise invalidate or impair the assessment levied hereby or the certificate
issued in evidence thereof.
That the said certificate shall further provide substantially that
It default shall be made in the payment of any installment of principal or
interest when due then at the 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, aad shall be
collectible with reasonable attorneys 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: October 6, 1960,
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
successors 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 proceed-
ings with reference to making said improvements have been regularly had is
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.
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`♦
m
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 .enforce-
ment 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 1n front of any part or parcel of
property abutting upon a portion of Morgan Street, which is ,exempt from the
lien of said assessments shall in no wise - effector 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 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
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City of Corpus Christi, Texas, under Which terns, powers: and provisions said
proceedings, said improvements and assessments were had and made by said City
Council.
SECTION 9. The fact that Morgan Street has become an important
thoroughfare and the tact 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 full force and effect from and after its
passage, it is so ordained. g
PASSED AND ;APPD this the 01 day of d
A. De, 1960.
MAYOR ,mil
City of Corpus `Christi, Texas
Arnsn
City cretiry —
APPROVED AS To IYiY{[LlY
t it
City Attorn
s
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TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
0 a 0 .
COI1RPU{Sq CHRISTI, TEXAS
DAY OF
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 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.
RESPIECTFY,LLY,:
THE CITY OF CORR
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
EL�ROY KING
JAMES L. BARNARD
MRS. ,RAY AIRHEART
JOSEPH B. DOWN
PATRICK J. DUNNE
R. -A. HUMBLE
GABELOZANO, -.SR. -
THE ABOV( ORDINANCE WAS PASSED BY 1
ELLROY KING
JAMES L. BARNARD
MRS. RAY AIRHEART
JOSEPH B. DUNN
PATRICK J. DUNNE
R. A. FUMBLE -
GABE LOZANO, SR.
ISTI,