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HomeMy WebLinkAbout06919 ORD - 05/29/1963JST:JKH:5 -7 -63 TEXAS: FINDS: AN ORDINANCE CLOSING THE HEARING GIVEN TO THE REAL AND TRUE OWNERS OF PROPERTY ABUTTING UPON AN ALLEY BETWEEN SANTA FE AND THIRD STREETS AND FROM AYERS STREET TO ELIZABETH STREET, SAID ALLEY BEING IN BLOCK IX, OCEAN VIEW ADDI- TION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AS TO THE SPECIAL BENEFITS TO ACCRUE TO SAID PROPERTY AND THE REAL AND TRUE OWNERS THEREOF BY VIRTUE OF THE IMPROVEMENT OF SAID ALLEY, AND AS TO ANY ERRORS, INVALIDI- TIES OR IRREGULARITIES IN ANY OF THE PROCEEDINGS THEREFOR; FINDING AND DETERMINING THAT EACH AND EVERY PARCEL OF PROPERTY ABUTTING UPON SAID ALLEY WILL BE SPECIALLY BENEFITTED AND ENHANCED IN VALUE IN EXCESS OF THE AMOUNT OF THE COST OF SAID IMPROVEMENTS PROPOSED TO BE, AND AS, ASSESSED AGAINST SAID ABUTTING PROPERTY AND THE REAL AND TRUE OWNERS THEREOF, AND LEVYING AN ASSESSMENT FOR THE PAYMENT OF A PORTION OF THE COST OF IMPROVING SAID ALLEY; FIXING A CHARGE AND LIEN AGAINST ALL SAID ABUTTING PROPERTIES, AND THE REAL AND TRUE OWNERS THEREOF; PRO- VIDING FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES UPON THE COMPLETION AND ACCEPTANCE OF SAID IMPROVEMENTS, THE MANNER AND TIME OF PAYMENT THEREOF, AND PROVIDING FOR THE MANNER AND METHOD OF COLLECTION OF SAID ASSESSMENTS AND CERTIFICATES; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. THAT THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI (A) THAT THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, HAS HERETOFORE BY ORDINANCE NO. 6899 , ENACTED ON THE 8 DAY OF MAY , 1963, DETERMINED THE NECESSITY FOR AND ORDERED THE IMPROVEMENT OF AN ALLEY BETWEEN SANTA FE AND THIRD STREETS AND FROM AYERS STREET TO ELIZABEli STREET, SAID ALLEY BEING IN BLOCK IX, OCEAN VIEW ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AND IN THE MANNER AND ACCORDING TO THE PLANS AND SPECIFICATIONS THEREFOR, WHICH PLANS AND SPECIFICATIONS HAVE HERETOFORE BEEN APPROVED AND ADOPTED BY THE CITY COUNCIL. (B) THAT A NOTICE DULY EXECUTED IN THE NAME OF THE CITY OF CORPUS CHRISTI, TEXAS, OF THE ENACTMENT OF THE ABOVE SAID ORDINANCE HAS BEEN, TO -WIT, ON THE 8TH DAY OF MAY , 1963, FILED WITH THE COUNTY CLERK OF NUECES COUNTY, TEXAS, THE COUNTY IN WHICH THE CITY OF CORPUS CHRISTI IS SITUATED, AND SUCH NOTICE HAS BEEN DULY RECORDED IN VOL. 861E , PAGES 395 -396 , OF THE DEED OF TRUST RECORDS OF NUECES COUNTY, TEXAS. 6919 (C) THAT THE CITY COUNCIL HAS HERETOFORE DIRECTED THAT SAID IMPROVEMENTS BE CONSTRUCTED BY THE DEPARTMENT OF PUBLIC WORKS OF SAID CITY. (D) THAT THE CITY COUNCIL CAUSED THE DIRECTOR OF PUBLIC WORKS TO PREPARE AND FILE ESTIMATES OF THE COSTS OF SUCH IMPROVEMENTS AND ESTI- MATES OF THE AMOUNT PER FRONT FOOT PROPOSED TO BE ASSESSED AGAINST THE PROPERTY ABUTTING ON SAID ALLEY, AND AGAINST THE REAL AND TRUE OWNERS THEREOF. (E) THAT UPON THE FILING OF SAID ESTIMATES, THE CITY OF CORPUS CHRISTI DID BY ORDINANCE DULY ENACTED ON THE 8TH DAY OF MAY , 1963, PROVIDE FOR AND ORDER A HEARING TO BE HELD AT 3:00 O'CLOCK P .M., ON THE 22ND DAY OF MAY , 1963, IN THE COUNCIIL CHAMBERS OF THE CITY HALL OF THE CITY OF CORPUS CHRISTI, TEXAS, AT WHICH TIME AND PLACE ALL PERSONS, FIRMS, CORPORATIONS AND ESTATES OWNING OR CLAIMING ANY SUCH ABUTTING PROPERTY OR ANY INTEREST THEREIN, AND THEIR AGENTS, AND ATTORNEYS, AND ALL OTHER PERSONS INTERESTED THEREIN, WERE TO APPEAR AND BE HEARD IN PERSON OR BY COUNSEL, AND SUCH ORDINANCE DIRECTED THE CITY SECRETARY TO GIVE DUE NOTICE OF SUCH HEARING IN THE MANNER REQUIRED BY LAW. (F) THAT AFTER DUE PUBLICATION AS REQUIRED BY LAW, AND ON THE 22ND DAY OF MAY , 1963, AT 3:00 O'CLOCK P .M., SAID PUBLIC HEARING WAS OPENED AND HELD IN ACCORDANCE WITH SAID ORDINANCE AND NOTICE, AT WHICH TIME AND PLACE AN OPPORTUNITY WAS GIVEN TO ALL OF THE ABOVE MENTIONED PARTIES, 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 TESTIFIED AS FOLLOWS: -2- City of Corpus Christi, Texas Regular Council Meeting May 22, 1963 Page 5 s r a member of his family, and that any demonstration was uncalled for and 'complete- ly out o r er; that the application had been voluntarily withdrawn i view of the extent of opposition, and the matter was closed and no longer before the City Council. Tony Bonilla, attornayy, referred to_th-d petition Listed on the agenda re- lating to the Maternity Clinic a at abinasgan and stated that the area has been cleaned up sincesgresentation of the petition to,theCommissioners Court, but that the ,pets "tri'oo_neerr. are requesting that the Commissioners Court-and the City Council consider the matter of relocating this Maternity Clinic. Mayor Barnard excused himself temporarily from the meeting and turned the Chair over to Mayor Pro Tam Young. Mayor Pro Tam Young announced the public hearing scheduled for 3:00 p.m. on the improvement of an Alley between Santa Fe & Third Street, and running from Ayers Street to Elizabeth Street, and the portion of cost to be assessed against abutting property owners. Jack Graham, Director of Public Works, explained that the petition for the paving of this alley was signed by 16 of the 17 property owners abutting on the alley; that all but 5 of the 16 have already submitted cash payment to the City for full amount of the proposed assessment; and pointed out that the one involuntary assessment is not homestead property. Mr. Graham described the extent and specifi- cations of the proposed paving, and explained the total cost of the improvement, the portion to be paid by the City, and the portion be paid by the petitioners and abut- ting property owners based on front foot assessment. Mayor Barnard returned to the meeting and resumed the Chair during the testimony. William "Bill" Roberts testified as to his background experience which he felt qualified him as a real estate appraiser for property in this City, answered that he has personally viewed and understood the extent and specifications of the proposed paving; the assessment roll, and each of the properties to be assessed; and stated that in his opinion each of the properties to be assessed would be en- hanced in value at least to the extent of the proposed assessment against each property with no exception. City of Corpus Christi, Texas Regular Council Meeting May 22, 1963 Page 6 Gordon Stewart and A. C. Agan, speaking for themselves and for the petitioners, spoke in support of the improvement and pointed out the benefits to the abutting properties which they felt would enhance in value the properties to even more than the extent of the proposed assessment, and Mr. Stewart added that a few of the property owners who had not already paid their full assessment preferred to make monthly installment payments to satisfy the assessment. M. C. Wertz, 1413 Third Street, spoke in opposition to the assessment on the basis that he had no use for the alley except to walk his dog, but that he did not object to the paving of the alley if the entire cost was paid by the City. Everyone desiring to be heard having been given an opportunity to speak, motion by Blackmon, seconded by Wallace and passed that the hearing be closed, the final assessment roll be prepared, and an enacting ordinance be brought forward. Mayor Barnard called for the City Manager's Reports. Motion by Roberts, seconded by Maldonado and passed that the City Manager's Reports accepted, and the recommendations and requests be approved and granted, as follows: a. Tha the award of bid be made on the basis of low bid meeti specifi- cations, for estimate 12- months' supplies, as follows: 1. Lot I, Group & II, 4,010 Street Name Sign Faces f 452 different street names, for $4,321.39, an Lot II, 2,100 Street Name S' n Blanks & 1,500 Traffic Sign Blanks in assorted sizes_, for $3,666.00, to nterstate Highway Sign Manufacturing Co., for a total of $7,9987+x,39; (Bid Ta lation #24 in File); 2. Approximately 1,803 Red Brass RiperFittings, consisting of bushings, caps, couplings, ells, nipples, tees, and un ons, to Ajax Supply Co., for $993.71; (Bid Tabulations #25 in File); 3. 100 bundles of Pl,,ass�t ZLaths & 1,105 bundles of Survey Stakes in various sizes, to Armstrong LZ er Co., for $1,136.56; (Bid T�k�lation #26 in File); 4. 1,084 lbs. %Manila Rope ranging in size from k" to"VIN& 2,500' Wire Rope ranging in size from 3/8" to 3/4", to Oil Field Equipment Co., fo \IBUI 9; (Bid Tabulation 27 in File); Estimated 2'k- months' supply, 2,084 barrels of Portland Type Cemen , to Halliburton Portland Cement Co., for $7,231.48; (Bid Tabulation #28 in ��F THERE BEING NO OTHER PERSONS PRESENT WHO DESIRED TO BE HEARD, THE MAYOR ANNOUNCED THAT THE HEARING WAS CLOSED AND DIRECTED THE CITY ATTORNEY TO PREPARE AN ORDINANCE INCORPORATING THE FINDINGS OF THE CITY COUNCIL WHEN MADE. (G) THAT AT SAID HEARING, NO PROTESTS OBJECTIONS OR TESTIMONY WERE OFFERED AS TO SAID IMPROVEMENTS,IHE CONTRACTS OR ASSESSMENTS THEREFOR, OR AS TO ANY OF THE PROCEEDINGS IN REFERENCE THERETO EXCEPT AS HEREINABOVE SET OUT; THAT THE CITY COUNCIL HAS HEARD ALL PARTIES WHO APPEARED AND DESIRED TO BE HEARD AS TO THE SPECIAL BENEFITS IN ENHANCED VALUE TO ACCRUE TO SAID ABUTTING PROPERTY AND THE REAL AND TRUE OWNERS THEREOF AS COMPARED TO THE PORTION OF THE COSTS OF CONSTRUCTING SAID IMPROVEMENTS PROPOSED TO BE ASSESSED AGAINST SAID ABUTTING PROPERTY, AND HAS HEARD ALL PARTIES APPEARING AND OFFERING TESTIMONY, TOGETHER WITH ALL OBJECTIONS AND PROTESTS RELATIVE TO SUCH MATTERS AND RELATIVE TO ANY ERRORS INVALIDITIES OR IRREGULARITIES IN ANY OF THE PROCEEDINGS FOR SAID IMPROVEMENTS AND HAS GIVEN A FULL AND FAIR HEARING TO ALL PARTIES MAKING OR DESIRING TO MAKE ANY SUCH PROTESTS OR OBJEC- TIONS OR TO OFFER TESTIMONY, HAS FULLY EXAMINED AND CONSIDERED ALL OF SAID EVIDENCES MATTERS, TESTIMONY AND OBJECTIONS OFFERED. (H) THAT BASED ON THE EVIDENCES MATTERS, TESTIMONY AND OBJECTIONS CONSIDERED AT SUCH HEARING THE SAID CITY COUNCIL HAS DETERMINED THAT THE PROPERTIES, AND EACH AND EVERY PARCEL OF SUCH PROPERTY ABUTTING UPON SAID ALLEY WILL BE ENHANCED IN VALUE AND SPECIALLY BENEFITED IN AN AMOUNT IN EXCESS OF THE AMOUNT OF THE COST OF SUCH IMPROVEMENTS PROPOSED TO BED AND AS HEREINAFTER ASSESSED AGAINST EACH OF SAID PARCELS OF PROPERTY, ABUTTING UPON SAID ALLEY, AND THE REAL AND TRUE OWNERS THEREOF. (I) THAT SAID CITY COUNCIL IS OF THE OPINION, AND FINDS, THAT EXCEPT AS MAY BE VARIED THEREFROM IN THE ASSESSMENTS SET OUT IN SECTION 4 BELOW, THAT THE FRONT FOOT PLAN OR RULE, IF UNIFORMLY APPLIED, WOULD NOT RESULT IN INJUSTICES AND INEQUITIES BETWEEN THE DIFFERENT PARCELS OF PROPERTY ABUTTING UPON SAID ALLEY TO WHICH SAID PLAN OR RULE IS HEREBY APPLIED. THAT IN EACH OF THE CASES WHERE THE ASSESSMENT SET OUT IN SECTION 4 BELOW, HAS BEEN VARIED FROM THE FRONT FOOT PLAN OR RULES SAID CITY COUNCIL IS OF THE OPINION OF, AND FINDSI THAT SAID PLANS IF UNIFORMLY APPLIED WOULD RESULT -3- IN INJUSTICES AND INEQUITIES BETWEEN THE DIFFERENT PARCELS OF PROPERTY ABUTTING SAID ALLEY AND THE CITY COUNCIL HAS DETERMINED TO APPORTION AND ASSESSES THE COST IN A DIFFERENT MANNER IN SUCH PROPORTIONS AS IT DEEMS AND FINDS TO BE JUST AND EQUITABLE HAVING IN VIEW THE SPECIAL BENEFITS TO THE ENHANCED VALUE OF THE PROPERTIES. (J) THAT SAID CITY COUNCIL HAS ADOPTED THE RULE OF APPORTIONMENT AND DIVISION OF THE COSTS OF SAID IMPROVEMENTS BETWEEN SAID ABUTTING PROPERTIES AND THE REAL AND TRUE OWNERS THEREOF HEREIN SET FORTH AND HAS FOUND THE SAME TO BE JUST AND EQUITABLE AND TO PRODUCE SUBSTANTIAL EQUALITY CONSIDERING THE BENEFITS TO BE RECEIVED AND THE BURDENS IMPOSED THEREBY; AND SAID CITY COUNCIL HAS FURTHER FOUND UPON THE EVIDENCE CONSIDERED THAT THE ASSESSMENTS HEREINAFTER MADE AND THE CHARGES HEREBY DECLARED AGAINST SAID ABUTTING PROPERTIES AND THE REAL AND TRUE OWNERS THEREOF ARE JUST AND EQUITABLE AND THAT ALL OBJECTIONS AND PROTESTS SHOULD BE OVERRULED AND DENIED. SECTION 2. THERE BEING NO FURTHER PROTESTS OR TESTIMONY FOR OR AGAINST OR IN REFERENCE TO SAID IMPROVEMENTS, BENEFITS OR PROCEEDINGS SAID HEARING GRANTED TO THE REAL AND TRUE OWNERS OF PROPERTIES ABUTTING UPON SAID ALLEYS AND ALL PERSONS FIRMSy CORPORATIONS AND ESTATES2 OWNING OR CLAIMING SAME OR ANY INTEREST THEREIN, SHALL BED 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 3. THE CITY COUNCIL HEREBY FINDS AND DETERMINES UPON THE EVIDENCE HEARD IN REFERENCE TO EACH AND EVERY PARCEL OF PROPERTY ABUTTING UPON THE SAID ALLEY THAT THE ENHANCEMENT IN VALUE TO ACCRUE TO SAID PROPERTY AND THE REAL AND TRUE OWNERS THEREOF BY VIRTUE OF THE CONSTRUCTION OF SAID IMPROVEMENTS TO SAID ALLEYS WILL BE IN EXCESS OF THE AMOUNT OF THE COSTS OF SAID IMPROVEMENTS PROPOSED TO BE, AND AS HEREIN ASSESSED AGAINST SAID ABUTTING PROPERTIES AND THE REAL AND TRUE OWNERS THEREOF; AND FINDS THAT THE APPORTION- MENT OF THE COSTS OF SAID IMPROVEMENTS AND THE 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 OF SAID CITY; AND FURTHER FINDS THAT ALL PROCEEDINGS HERETOFORE HAD WITH REFERENCE TO SAID IMPROVEMENTS ARE IN ALL RESPECTS REGULAR, PROPER AND VALID2 AND THAT ALL PREREQUISITES TO THE FIXING OF THE ASSESSMENT LIENS AGAINST SAID ABUTTING PROPERTIES AS HEREINAFTER DESCRIBED2 AND THE PERSONAL LIABILITY OF THE REAL AND TRUE OWNERS THEREOF, WHETHER NAMED OR CORRECTLY NAMED HEREIN OR NOTE HAVE BEEIN IN ALL THINGS REGULARLY HAD AND PERFORMED IN COMPLIANCE WITH THE LAW AND THE PROCEEDINGS OF SAID CITY-COUNCIL. SECTION 4. IN PURSUANCE OF SAID ORDINANCE DULY ENACTED BY SAID CITY COUNCIL AUTHORIZING AND ORDERING THE IMPROVEMENT OF SAID ALLEY AS HEREINBELOW SET OUTS WHICH ORDINANCE WAS PASSED, AS AFORESAID ON 8TH DAY OF MAY , 1963, 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 ALLEY IMPROVEMENTS BY THE LAWS OF THE STATE OF TEXAS, WITH PARTICULAR REFERENCE TO CHAPTER 106, ACTS OF THE FIRST CALLED SESSION OF THE BOTH LEGISLATURE, KNOWN AS ARTICLE 11058, VERNON'S TEXAS CIVIL STATUTES, AS AMENDED2 AND ARTICLE IX, SECTION 6 OF THE CHARTER OF THE CITY OF CORPUS CHRIST12 TEXAS, THERE SHALL BE, AND IS HEREBY LEVIED ASSESSED AND TAXED AGAINST THE RESPECTIVE PARCELS OF PROPERTY HEREINAFTER DESCRIBED AND ABUTTING UPON THE SAID ALLEY HEREINAFTER SET OUT AND WITHIN THE LIMITS BELOW DEFINED AND AGAINST THE REAL AND TRUE OWNERS OF SUCH PROPERTY WHETHER SUCH REAL AND TRUE OWNERS BE NAMED OR CORRECTLY NAMED, OR SAID PROPERTIES BE CORRECTLY DESCRIBED HEREIN OR NOT2 THE SEVERAL SUMS OF MONEY HEREINAFTER MENTIONED AND ITEMIZED OPPOSITE THE DESCRIPTION OF THE RESPECTIVE PARCELS OF SAID PROPERTY2 THE NUMBER OF FRONT FEET OF EACH, AND THE SEVERAL AMOUNTS ASSESSED AGAINST SAME AND THE REAL AND TRUE OWNERS THEREOF, AND THE NAMES OF THE APPARENT OWNERS THEREOF ALL AS CORRECTED ANDFDJUSTED BY SAID CITY COUNCIL BEING AS FOLLOWS, TO -WITS -5- 7i ' n� Sheet 1 FROM AYER9_STREET TO ELIZAgTH *TREE EXCAVATION M. A WI = OF i n 1 All Zoned @ *1.45 P.L.F. 8 " -5 " -8' CONCRETE PAVING ON CQMPACTja1ORAIE ITEM NO. OWNER & PROPERTY INSCRIPTION w QUANTITY ASSESSED .� -_ _. DESCRIPTION OF I AS=a= RATE AMOUNT A== ELIZABETH STREET 1. H. E. Butt Lot 1, Block IX, Ocean View 53.75 LF Alley Paving $1.45 77.9 2. James C. Moody Lot 2, Block IX, Ocean View 50.00 LF Alley Paving $1.45 72.5 3. W. C. Stewart Lot 3, Block IX, Ocean View 50.00 LF Alley Paving $1.45 72.5 4. D. G. Wilkins _ Lot 4, Block IX, Ocean View 50.00 IF Alley Paving $1.45 72.5 5. Clare Johnson Lot 5, Block IX, Ocean View 50.00 LF Alley Paving $1.45 72.5 6. F. T. (Sam) Falk Lot 6, Block IX, Ocean View 50.00 LF Alley Paving $1.45 72.5 7. M. C. Wertz Lot 7, Block IX, Ocean View 50.00 Lir Alley Paving $1.45 72.51 8. 8. L. Moomaw Lot 8, Block IX, Ocean View 50.00 LF Alley Paving $1.45 72.5 9. Ed doodiriend Lots 9, 10 & 11, Block IX Ocean View 150.00 LF Alley Paving $1.45 217.5+ AYFRS STREET 10. Jos. A. Cohn Lots 12 & 13, Block IX Ocean View 100.00 LF Ailey Paving $1.45 145.0( 11. S. E. Olsen Lots 14 & 15, Block XX Ocean View '100.00 LF Alley Paving $1.45 145.0( Sheet ALLEY PAVING BETWEEN SARA FE & THIRD STREET TPLT.T?AASamH STREET FROM AYERS Smrn^�m UCL=QWA, TO A WIDTH OF 101 All Zoned @ $1.45 P. L. F. 8 " -5 " -8' CONCRETE PAVIIQG ON COMPACTED SUBGRAM Citv Forces ITEM QUANTITY DESCRIPTIOa OF TOTAL AMJUNT D _ AIMS STREET 12. Geo. Taylor Lot 16, Block IX, Ocean View 50.00 LF Alley Paving 11,45 72.50 13. J. A. Cameron Lot 17, Block IX, Ocean View 50.00 LF Alley Paving #1.45 72.50 14. Duke Burnett Lot 18, Block IX, Ocean View 50.00 IF Alley Paving 11,45 72.50 15. Wm. R. Reiff Lqt 19, Block IX, Ocean View 50.00 IF Alley Paving 11.45 ` 72.50 16, A. C. Agen Estate Lot 20, Block IX, Ocean View 50.00 LF Alley Paving 1.45 t 72.50 17. Roy W. Logan I Lots 21 & 22, Block IX, Ocean View 103.75 LF Alley Paving 11.45 150.44 TIMAW TOTAL COB $2,160.00 OWE on 160 .88 ITY'S PORTION 55 .12 i 1 1 i 3 SECTION 5. THE SEVERAL SUMS MENTIONED ABOVE IN SECTION 4 HEREOF, ASSESSED AGAINST SAID PARCELS OF ABUTTING PROPERTY AND THE REAL AND TRUE OWNERS OR OWNER THEREOF, WHETHER SAID OWNERS BE NAMED OR CORRECTLY NAMED, OR SAID PROPERTIES BE CORRECTLY DESCRIBED HEREIN OR NOT, TOGETHER WITH INTEREST THEREON AT THE RATE OF FIVE PERCENT (5 %) PER ANNUM AND WITH REASON- ABLE ATTORNEYS FEES AND ALL COSTS AND EXPENSE OF COLLECTION, IF INCURRED, ARE HEREBY DECLARED TO BE AND 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, 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, PARAMOUNT AND SUPERIOR TO ALL OTHER LIENS, CLAIMS OR TITLES EXCEPT FOR LAWFUL:" AD VALOREM TAXES; ANDIRAT THE SUMS SO ASSESSED SHALL BE PAYABLE TO THE CITY OF CORPUS CHRISTI. SAID PAYMENTS SHALL BE PAYABLE IN MONTHLY INSTALLMENTS OF NOT EXCEEDING SIXTY (60) IN NUMBER, SAID PAYMENTS TO BE MADE AT THE CITY HALL IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, THE FIRST OF WHICH SHALL BE PAYABLE WITHIN THIRTY (30) DAYS FROM THE DATE OF THE COMPLETION OF SAID IMPROVEMENTS AND THEIR ACCEPTANCE BY THE CITY OF CORPUS CHRISTI, AND ONE INSTALLMENT EACH MONTH THEREAFTER UNTIL PAID, WITH INTEREST THEREON AT THE RATE OF FIVE PERCENT (5 %) PER ANNUM FROM AND AFTER THE DATE OF SAID COMPLE- TION AND ACCEPTANCE, PAST DUE PRINCIPAL AND INTEREST TO BEAR INTEREST AT THE SAME RATE. PROVIDED, HOWEVER, THAT THE OWNERS OF ANY OF SAID PROPERTIES SHALL HAVE THE PRIVILEGE OF PAYING ALL OR ANY OF SAID INSTALLMENTS AT ANY TIME BEFORE MATURITY THEREOF BY PAYING THE TOTAL AMOUNT OF PRINCIPAL OF SUCH INSTALLMENT TOGETHER WITH INTEREST ACCRUED THEREON DOWN TO THE DATE OF PAYMENT. THE OWNERS OF ANY OF SAID PROPERTY MAY PAY THE TOTAL AMOUNT ASSESSED AGAINST THEM AND THEIR PROPERTY WITHOUT INTEREST WITHIN THIRTY (30) DAYS AFTER THE COMPLETION AND ACCEPTANCE OF SAID IMPROVEMENTS. IF DEFAULT BE MADE IN THE PAYMENT OF ANY OF SAID INSTALLMENTS OF PRINCIPAL OR INTEREST, PROMPTLY AS IT MATURES, THEN AT THE OPTION OF THE CITY OF CORPUS CHRISTI, OR ITS ASSIGNS, THE ENTIRE AMOUNT OF THE ASSESSMENT UPON WHICH DEFAULT IS MADE, TOGETHER WITH REASONABLE ATTORNEYS FEES AND ALL COLLECTION COSTS IF INCURRED, SHALL BE AND BECOME IMMEDIATELY DUE AND PAYABLE. -6- SECTION 6. 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 THE CITY OF CORPUS CHRISTI, OR ITS ASSIGNS EITHER BY SUIT IN ANY COURT HAVING JURISDICTION2 OR BY SALE OF THE PROPERTY ASSESSED AS NEARLY AS POSSIBLE IN THE MANNER AS MAY BE PROVIDED BY LAW IN FORCE IN SAID CITY FOR THE SALE OF PROPERTY FOR THE COLLECTION OF AD VALOREM TAXES. SECTION 7. 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 PAYMENT2 AND AID IN THE ENFORCEMENT THEREOF1 ASSIGNABLE CERTIFICATES SHALL BE ISSUED BY THE CITY OF CARPUS CHRISTI TEXAS, TO THE CITY OF CORPUS CHRISTI UPON THE COMPLETION AND ACCEPTANCE OF SAID IMPROVEMENTS TO SAID ALLEY ABOVE DEFINED, WHICH CERTIFICATES SHALL BE EXECUTED BY THE MAYOR IN THE NAME OF THE CITY2 ATTESTED BY THE CITY SECRETARY WITH THE CORPORATE SEAL2 AND WHICH SHALL DECLARE THE AMOUNTS OF SAID ASSESSMENTS AND THE TIME S AND TERMS THEREOF, THE RATE OF INTEREST THEREON, THE DATE OF THE COMPLETION AND THE ACCEPTANCE OF THE IMPROVEMENTS FOR WHICH THE CERTIFICATE IS ISSUED; AND SHALL CONTAIN THE NAME OF THE APPARENT OWNER OR OWNERS AS ACCURATELY AS POSSIBLE2 AND THE DESCRIPTION OF THE PROPERTY ASSESSED BY LOT AND BLOCK NUMBER OR FRONT FOOT THEREOF, OR SUCH OTHER DESCRIPTIONS 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 SUFFICIENT2 AND NO ERROR OR MISTAKE IN DESCRIBING ANY SUCH PROPERTY OR IN GIVING THE NAME OF ANY OWNER OR OWNERS, OR OTHERWISE, SHALL IN ANYWISE INVALIDATE OR IMPAIR THE ASSESSMENT LEVIED HEREBY OR THE CERTIFICATE ISSUED IN EVIDENCE THEREOF. THE SAID CERTIFICATE SHALL FURTHER PROVIDE SUBSTANTIALLY THAT IF DEFAULT SHALL BE MADE IN THE PAYMENT OF ANY INSTALLMENT OF PRINCIPAL OR INTEREST WHEN DUE, THEN AT THE OPTION OF THE CITY OF CORPUS CHRISTI, OR ITS ASSIGNS OR THE HOLDER THEREOF, THE WHOLE OF SAID ASSESSMENT EVIDENCED THEREBY SHALL AT ONCE BECOME DUE AND PAYABLE AND SHALL BE COLLECTIBLE WITH -7- 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 OWNER OR OWNERS 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 COUNCILS AND SHALL PROVIDE IN EFFECT, THAT IF DEFAULT SHALL BE MADE IN THE PAYMENT THEREOF THE SAME MAY BE ENFORCED AT THE OPTION OF THE CITY OF CORPUS CHRISTI OR ITS ASSIGNS, EITHER 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. SAID CERTIFICATE SHALL FURTHER RECITE IN EFFECT THAT ALL THE PROCEEDINGS WITH REFERENCE TO MAKING SAID IMPROVEMENTS HAVE BEEN REGULARLY HAD IN COMPLIANCE WITH THE LAW IN FORCE IN SAID CITY AND PROCEEDINGS OF THE CITY COUNCIL OF SAID CITY, AND THAT ALL PREREQUISITES TO THE FIXING OF THE ASSESSMENT LIEN AGAINST THE PROPERTY AND THE PERSONAL LIABILITY OF THE REAL AND TRUE OWNER OR OWNERS THEREOF EVIDENCED BY SUCH CERTIFICATF4 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 R:QUIRED IN ANY COURT. 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 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. ALL SUCH ASSESSMENTS LEVIED AREA AND SHALL BE A PERSONAL LIABILITY AND CHARGE AGAINST THE RESPECTIVE REAL AND TRUE OWNER OR OWNERS OF SAID ABUTTING PROPERTIES, 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 ANY SUCH MISTAKE, OR ERRORo INVALIDITY OR IRREGULARITY) WHETHER IN SUCH ASSESSMENT OR IN THE CERTIFICATES ISSUED IN EVIDENCE THEREOF, MAY BED BUT IS NOT REQUIRED TO BED IN ORDER TO BE ENFORCEABLE, CORRECTED AT ANY TIME BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI TEXAS. THE TOTAL AMOUNTS ASSESSED AGAINST THE RESPECTIVE PARCELS OF PROPERTY ABUTTING UPON THE ALLEY ABOVE SET OUTS AND THE REAL AND TRUE OWNER OR OWNERS THEREOF, ARE THE SAME, OR LESS THAN, THE ESTIMATES OF SAID ASSESS- MENTS 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 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, KNOWN AS ARTICLE 1105B, VERNON'S TEXAS CIVIL STATUTES AS AMENDED, AND ARTICLE IX, SECTION 6 OF THE CHARTER OF SAID CITY, UNDER WHICH TERMS, PROVISIONS AND POWERS OF SAID ACTS SAID IMPROVEMENTS AND ASSESSMENTS WERE HAD,ANO MADE BY SAID CITY COUNCIL. SECTION 9. THE IMPORTANCE TO THE PUBLIC OF DETERMINING THE ASSESSMENTS AGAINST PROPERTY OWNERS AND THEREBY ENABLING CONSTRUCTION TO PROCEED AS PROMPTLY AS POSSIBLE CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDI- NANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCILS AND THE MAYORI HAVING DECLARED THAT SUCH EMERGENCY AND NECESSITY EXIST, HAVING REQUESTED THAT SUCH CHARTER RULE BE SUSPENDED AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER L TS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE_ DAY OF , 1963- �/ V 11",l - , _ r-, Z- - `THE C I TY OF CORPUS CHRISTI, TEXAS CITY DECRLTAKY APPROVED :"o EGAL FORM TH OF 1963; CITY A • ORNEY CORPUS CHRISTI, TEXAS DAY OF 1915 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 FOR THE SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; I, 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, OR THE CITY OF CORPUS CHRISTI, TEXAS. THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JAMES L. BARNARD JAMES H. YOUNG JACK R. BLACKMON JOSE R. DELEON M. P. MALDONADO y W. J. ROBERTS W. H. WALLACE, JR. THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOW G VOTE: JAMES L. BARNARD JAMES H. YOUNG JACK R. BLACKMON JOSE R. DELEON M. P. MALDONADO W. J. ROBERTS W. H. WALLACE, JR.