HomeMy WebLinkAbout07969 ORD - 04/06/1966.. mq JKH:4 -4 -66
d•
AN ORDINANCE
CLOSING THE HEARING GIVEN TO THE REAL AND TRUE OWNERS
OF PROPERTY ABUTTING UPON LOUISIANA BOULEVARD, SOUTH
LANE, FROM DENVER TO SANTA FE, AS TO SPECIAL BENEFITS
TO ACCRUE TO SAID PROPERTY AND THE REAL AND TRUE OWNERS
THEREOF 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, OVERRULING AND DENYING ALL PROTESTS
j AND OBJECTIONS OFFERED, EXCEPT THE CHANGES REFLECTED HEREIN,
FINDING AND DETERMINING THAT THE PROPERTY ABUTTING UPON I
SAID STREETS, 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 LOUISIANA BOULEVARD, WITHIN THE LIMITS DEFINED, AND
LEVYING AN ASSESSMENT FOR THE PAYMENT OF A PORTION OF THE
COST OF IMPROVEMENTS ON SAID STREET, WITHIN SAID LIMITS,
FIXING A CHARGE AND LIEN AGAINST THE PROPERTY ABUTTING
UPON SAID STREET AND THE REAL AN) TRUE OWNER THEREOF,
PROVIDING FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES
C
UPON THE COMPLETION AND ACCEPTANCE OF SAID WORK, THE
MANNER AND THE TIME OF PAYMENT AND PROVIDING THE MANNER'`
AND METHOD OF COLLECTION OF SAID ASSESSMENTS AND CERTI-
FICATES; AND DECLARING AN EMERGENCY.
WHEREAS, THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS, BY'•DULY
ENACTED ORDINANCE PASSED AND APPROVED ON MARCH 9, 1966, DETERMINED THE NECES-
SITY FOR, AND ORDERED THE IMPROVEMENT OF LOUISIANA BOULEVARD, SOUTH LANE, ,
x
FROM DENVER TO SANTA FE, IN THE MANNER AND ACCORDING TO THE PLANS AND SPECI-
FICATIONS HERETOFORE APPROVED AND ADOPTED BY THE CITY COUNCIL BY ORDINANCE DATED
- MARCH 9, 1966; A DULY EXECUTED NOTICE OF SAIDORDINANCE 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 IM-
PROVEMENTS 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 HAVIING DULY
AND REGULARLY MADE APPROPRIATION OF FUNDS AVAILABLE FOR SUCH PURPOSE TO COVER Y
THE ESTIMATED COST OF SAID IMPROVEMENTS TO SAID CITY If ALL AS PROVIDED BY THE
CORPUS CHRISTI CITY CHARTER AND BY LAW, DID AWARD A CONTRACT FOR THE CONSTRUC-
TION OF SAID IMPROVEMENTS TO KING CONSTRUCTION COMPANY ON THEIR LOWEST AND MOST
Y
ADVANTAGEOUS BID AND SAID CONTRACT HAS BEEN HERETOFORE DULY EXECUTED BY SAID'"
• a I
7969
CITY OF CORPUS CHRISTI AND KING CONSTRUCTION"COMPANY AND IS DATED MARCH 2,
1966, AND THE PERFORMANCE BOND REQUIRED ,BY SAID CONTRACT HAS BEEN PROPERLY
4 e
FURNISHED BY SAID KING CONSTRU,CTION ;COMP -ANY AND ACCEPTED BY THE SAID CITY COUNCIL
OF SAID CITY AS TO FORM AND AMOUNT AS.,"'IQU IRED tBY THE CHARTER OF SAID CITY AND
THE LAWS OF THE STATE OF TEXAS; AND
WHEREAS, THE SAID CI T& Coutc."I4b HAS *CAUSED THE DIRECTOR OF PUBLIC
J i�ee
WORKS TO PREPARE AND FILE^ ESTIMATES OFa THE�;i COST OF SUCH -IMPROVEMENTS AND
ESTIMATES OF THE AMOUNT PER FRONT FO OeT PROPOSED TO BE ASSESSED AGAINST THE
PROPERTY ABUTTING UPON A PORTIONkgF LorUISIANA BOULEVARD, 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 STATE-
MENT OF OTHER MATTERS RELATING, THERETO WITH SAID CITY COUNCIL, AND SAME HAS
t
BEEN RECEIVED, EXAMINED AND APPROVED BY SAID CITY COUNCIL; AND
WHEREAS, SAID CITY'COUNCIL, BY DULY ENACTED ORDINANCE DATED
MARCH 9, 1966, DID DETERMINE THE NECESSITY OF LEVYING AN ASSESSMENT FOR THAT
PORTION OF THE COST OF CONSTRUCTING SAID IMPROVEMENTS ON THE ABOVE NAMED
STREETS, 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 MARCH 30, 1966, IN THE COUNCIL CHAMBER OF THE
CITY HALL OF CORPUS CHRl STI, TEXAS, FOR THE REAL AND TRUE OWNERS OF THE PROPERTY
P,
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 ANDAMOUNTS TO BE ASSESSED AGAINST
EACH PARCEL OFABUTTING PROPERTY AND THE REAL AND TRUE OWNER OR OWNERS THEREOF,
AND AS TO THE SPECIAL BENEFITS TO ACCRUE TO SAID ABUTTING PROPERTY BY VIRTUE
x
OF SAID IMPROVEMENTS, IF ANY, OR CONCERNING ANY ERROR, INVALIDITY - IRREGULAR-
' �
ITY 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
k
ABUTTING UPON SAID STREET, WITHIN THE LIMITS DEFINED, BY PUBLICATION IN THE
CORPUS CHRISTI TIMES, THE OFFICIAL NEWSPAPER OF THE CITY OF CORPUS CHRISTI,
4,
-2-
A NEWSPAPER PUBLISHED IN THE CITY OF CORPUS CHRISTI, TEXAS, OF GENERAL CIR-
CULATION, SAID NOTICE TO BE PUBLISHED.IN SAID NEWSPAPER AT LEAST THREE TIMES
PRIOR TO THE DATE OF SAID HEARING,�TkE FIRST PUBLICATION OF WHICH IS TO BE
AT LEAST TEN (10) DAYS PRIOR THERETO, ALL AS'PROVIDED FOR IN ACCORDANCE WITH
E
THE PROVISIONS OF SAID CITY CHARTER AND OF CHAPTER 1O6 OF THE FIRST CALLED
SESSION OF THE 40TH LEGISLATURE;,O,,F THE STATE OF TEXAS, KNOWN AND SHOWN
i !s;
AS ARTICLE 11056, VERNON'S ANNOTATEDICIVIL STATUTES OF TEXAS; AND
WHEREAS, SAID -CITY COUNC.L'DID�F.URTHER ORDER AND DIRECT SAID
r a
CITY SECRETARY, IN ADDITION TO ,SA.ID�'PUBLISHED NOTICE AS AFORESAID, WHICH
WAS PROVIDED TO BE VALID AND SUFFICIENT IN ITSELF, TO KEEP ON FILE A COPY
OF SAID DIRECTOR OF PUBLIC WORK3' REPORT, AND INCLUDE THEREIN THE LIST OF
NAMES OF THE APPARENT OWNERS, AND THE DESCRIPTIONS OF SAID ABUTTING PROPERTY
AS SET OUT IN SAID DIRECTOR OF PUBLIC WORKS' REPORT, PROVIDED, HOWEVER, THAT
THE SAID LIST OF APPARENT OWNERS AND PROPERTY DESCRIPTIONS SO INCLUDED IN
SAID NOTICE, SHALL MERELY BE CUMULATIVE OF AND IN ADDITION TO THE REQUIREMENT
OF SAID NOTICE AS PROVIDED BY THE LAWS OF THE STATE OF TEXAS, AND THE CHARTER
OF THE CITY OF CORPUS CHRISTI, TEXAS, AND SHALL NOT IN ANY MANNER BE CONCLUSIVE
OF, THE REAL AND TRUE OWNERS UR'OF THE CORRECT DESCRIPTIONS OF SAID ABUTTING
PROPERTY NOR LIMIT SAID NOTICE TO THE'PROPERTIES DESCRIBED OR TO SUCH
APPARENT OWNERS NAMED THEREIN, BUT SAID NOTICE SHALL NEVERTHELESS BE DIRECTED
n
TO THE REAL AND TRUE OWNERS OF SAID ABUTTING PROPERTY, WHETHER NAMED OR COR-
RECTLY NAMED THEREIN OR NOT, AND TO ALL OTHERS CLAIMING, OWNING OR INTERESTED
IN ANY MANNER IN ANY OF SAID ABUTTING PROPERTY ON SAID STREET WITHIN THE
LIMITS ABOVE DEFINED; AND
WHEREAS, SAID NOTICE AS ORDERED AND DIRECTED BY SAID CITY COUNCIL
i
AND AS REQUIRED BY SAID ACTS AND CHARTER OF SAID CITY AS ABOVE-IDENTIF ]ED,
WAS DULY GIVEN PUBLICATION OF SAME IN THE CORPUS CHRISTI TIMES, A NEWSPAPER
PUBLISHED IN THE CITY OF CORPUS CHRISTI, TEXAS, ON MARCH ,14, 1966, -MARCH 21,
1966 AND MARCH 28, 1966, SAID NOTICE SO PUBLISHED BEING DIRECTED TO THE OWNERS
OF PROPERTY ABUTTING UPON THE STREET HEREINABOVE DESCRIBED; 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
N
OF WHICH NOTICE WAS GIVEN, WAS OPENED AND HELD ON MARCH 30, 1966, IN THE
COUNCIL CHAMBER AT 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
-3-
TO ALL MATTERS IN ACCORDANCE WITH SAID ORDINANCE AND NOTICE, AT WHICH TIME
THE FOLLOWING APPEARED AND OFFERED THE FOLLOWING TESTIMONY:
Minutes
Regular Council Meeting
March 30, 1966
• - S „r.•
Page 10
\ ,t
L \istrict e from "B -1” Neighborhood Business District to "B -4" General Buussi-
nould permit uses that would adversely affect nearby res identdal •ro• aadjacent "B -1" district, and also, would set a pattern f r additional.'
{ "at would abut directly upon residential areas with chance of
e ransitional zone, r,
Motion by
\'-Jimenez, seconded by Dunne and passed that the hearing be
closed.
Mayor Pro T\Blacon uired about the e cessity for a right turn at
that particular cornuld be done th the dedicated land, and City
Manager Whitney advised that it wa the fee ng of the Traffic Engineer that a ,
s
place on the corner should be reserved r a right turn; that it was his feeling,
and most of the staff's feeling, t a t\ting perty is of no feasible value
to the City and should be abandoned to property owners; and that it
caas dedicated for public us u t caas noy the City. Mayor Pro Tem Bj ackmoon asked a sufficient dedicated,prop-
erty to construct a x3gght -turn lane withing 'th the plans or delaying
the project, and City Manager Whitney advised there would b\AvalonPlace,
Motion by Jimenez, seconded by Blackmon and passed Daniel bstain-
ing, thatOthe recommendation of the Zoning and Planning Comrred
in, and that the change of zoning from "B -1 Neighborhood B to
"B 4" General Business District on Lots 9, 10 and 11, Block , e
approved.
Mayor Furman announced the Council would now hold the public hearing
scheduled for 3:00 p.m., on assessments for the proposed street improvements on
Louisiana Boulevard, South Lane, from Denver to Santa Fe.
Assistant City Attorney Tom McDowell explained the purpose of the public
hearing and stated that the Staff would offer testimony from the City Engineer
ani evaluation testimony from the City Right -of -Way Agent to substantiate the
assessments which appear on the Preliminary Assessment Roll, and that the hearing
was to form a basis on which the Council, acting as a legislative body, would
determine or establish the assessments on -the abutting properties.
z•
•
Minutes
Regular Council Meeting
March 30, 1966
Page 11
James K. Loatos, City Engineer, presented the plans for the street improves
s
ments and the Preliminary Assessment Roll; testified to the nature, extent and .%
specifications of the proposed improvements; the cost of construction; the amount of w:x
cost to be borne by the City, and the amount to be assessed against the abutting prop-
N
arty owners; the manner in which such pro rata share was computed, and explained that
the property owners were being assessed at the rate of 50% ?£_cost for removal and
replacement of curbs, gutters, sidewalks and driveways and that' the property owners
were not being assessed for the paving.
Commissioner McDaniel inquired about the assessments for street improve-
ments in-the Saxet Heights Addition,, and Commissioner Sizemore explained the assess-
ments and stated that the assessments were similar. '
W. A. (Bill) Roberts, Sr. testified to his background and experience which
he felt qualified him as a real estate appraiser for all types of properties in the
City; testified that he had personally viewed and understood the extent and speci-
fications of the proposed improvements; that he had personally viewed within the
past week the assessment roll and each of the properties to be assessed; and that
in his opinion, each of the properties so assessed would be enhanced in value at
,y
least to the extent of the proposed assessments. r
Mayor Furman stated that he would call the names of the property owners
as they are listed on the assessment roll and invited each property owner to state
his approval or objection to any of the proposed improvements or assessments to his
property. The following persons appeared:
Frank Tompkins, representing his parents, Mr. and Mrs. John L. Tompkins,
(Item #1), owners of-Lots 1 and 2 and the E. 7' of Lot 3, Block 1, Bessar Park,
read a letter from the Tompkins protesting the proposed assessments on the basis
that the proposed work offers no benefit to their property; that the curb is in
F
good condition, and the sidewalk is in fair condition and that they would put the
sidewalk in good condition at their own expense; and that they have four large
oak trees in the front area that might be damaged by the lowering of the proposed
grade.
Minutes '
Regular Council Meeting
March 30, 1966
Page 12
Mr. Tompkins stated that his parents would repair the sidewalks that
were in fair condition; that they were opposed to the assessments;•and'requested
that the curb and sidewalk in the front area be left in their present condition.
Mr. Tompkins further stated that he was informed that the streets were widened in a
the Saxet Heights Area without any dire affects on the trees; that if the grade
were lowered it could damage the oak trees; and that he wanted to go on record
in favor of our oak trees." Mr. Tompkins further stated that the proposed im-
provements would not enhance the property.
In answer to questions from the Council, City Engineer Lontos advised i-
that the grade would be lowered approximately 6" or 7 ", and that the street would
be widened approximately 18" on each side, from Denver to Santa Fe; and that the
oak trees were on public right of way.
Attorney McDowell advised that in the specifications in the contract for
.a
these improvements, there was one provision that advised the contractor that there i'
were trees and shrubs and to exercise extreme caution not to damage these trees
and shrubs.
Mrs. William H. Martin, representing her mother, Mrs. Helen Heard Pease,
(Item #4) W. 43' Lot 6, All Lot 7 and E. 42' Lot 8, Block 1, Bessar Park, spoke
in favor of the proposed improvements and stated that the water stood in the area;
that the sidewalks were not in a good condition; and that a wider driveway would
be desirable.
No one else appeared to be heard in connection with the proposed street
a +.
improvements.
:N
Motion by Wallace, seconded by Dunne and - passed that the hearing be °r •, w
closed.
Motion by Wallace, seconded by Jimenez and passed that the Asseasm r'
Roll be appro \as presented.
Louis Perones, President of LULAC, presented 4 petition signed by resi
dents of Main Drive in Hudson A rc es,,stat�ing,-that there were no sewerage facilities
furnished in that area, and petit oning the,Co` u\ to immediately institute such
t-
} steps as necessary to alleviate the unsanitary conditions that presently exist; '
(Petition 66 =6). Mr. Perones stated that LULAC would min any way to correct
Av
this problem.
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 VALUD OF SAID
ABUTTING PROPERTY AS COMPARED TO COST 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 PORTIONS OF SAID STREET TO BE IMPROVED; 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 THE PORTION OF LOUISIANA BOULEVARD, SOUTH LANE, WITHIN THE LIMITS TO
BE IMPROVED AS HEREIN DEFINED, WILL BE ENCHANCED IN VALUE AND SPECIALLY BENE-
FITED 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,
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
-5-
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
SAID LOUISIANA BOULEVARD, WITHIN THE LIMITS DEFINED, AND THE REAL AND TRUE
OWNER OR OWNERS THEREOF, ARE JUST AND EQUITABLE AND DID ADOPT THE RULE OF
4
APPORTIONMENT SET OUT 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 CON-
SIDERING 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:
I 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 PTO 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 LOUISIANA BOULEVARD, SOUTH LANE, 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 xUPON WHICH SAID PROPERTY
+
ABUTS, WILL BE.'hN EXCESS OF THE AMOUNT OF THE COST OF SAID IMPROVEMENTS AS
PROPOSED TO BE, AND AS HEREIN ASSESSED AGAINST SAID ABUTTING PROPERTY AND
THE REAL AND TRUE OWNERS THEREOF, AND FINDS THAT THE APPORTIONMENT OF THE
COST OF SAID IMPROVEMENTS, AND THAT ALL ASSESSMENTS HEREINBELOW MADE ARE
JUST AND EQUITABLE AND PRODUCE SUBSTANTIAL EQUALITY'' ONSIDERING THE BENEFITS
RECEIVED AND THE BURDENS IMPOSED THEREBY, AND ARE IN ACCORDANCE WITH THE
LAWS OF THE STATE OF TEXAS, AND THE CHARTER PROVISIONS OF THE CITY OF
-6-
y
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 TO THE FIXING OF THE ASSESS-
MENT LIENS AGAINST SAID ABUTTING PROPERTIES AS HEREINABOVE DESCRIBED
AND THE PERSONAL LIABILITY OF THE REAL AND TRUE OWNER OR OWNERS THEREOF,
WHETHER NAMED OR CORRECTLY NAMED HEREIN OR NOT, HAVE BEEN IN ALL THINGS
REGULARLY HAD AND PERFORMED IN COMPLIANCE WITH THE LAW, CHARTER PROVISIONS
AND PROCEEDINGS OF THE SAID CITY COUNCIL.
SECTION 3. THAT IN PURSUANCE OF SAID ORDINANCE, DULY ENACTED
BY SAID CITY COUNCIL, AUTHORIZING AND ORDERING THE IMPROVEMENTS OF THE'
ABOVE DESCRIBED STREETS, WITHIN THE LIMITS DEFINED, AND IN PURSUANCE OF
ac
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
LR
THE STATE OF TEXAS, KNOWN AND SHOWN AS ARTICLE 11058 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
4`
BE NAMED OR CORRECTLY NAMED HEREIN OR NOT, THE SEVERAL SUMS OF MONEY
HEREINDELOW 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 riT.HE REAL AND TRUE
� pr!
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:
4 .d
ASSESSMENT ROLL
- SOUTH LOUISIANA BOULEVARD, SOUTH SIDE ;.
FROM SANTA FE STREET TO DENVER AVENUE
This project consists of improving the south lane of Louisiana Boulevard
within the subject'limits by: (a) excavating to a width of 34' and con- '
strutting a 6" lime stabilized base, (b) 6" compacted caliche base and a'
4" hot -mix surface, (c) City standard curbs and gutters, (d).4' wider 4" '
4 ,•,•;,, {,.-
'thick reinforced concrete sidewalks and (e) 6" thick.reinforced City
standard driveways.
All existing sidewalks and driveways that do not conform to engineering
grades or to City specifications are'to be removed and replaced. The re= „. -.r `•
placement cost,of all boncrete, work is to be assessed to the abutting ,
property owners in the following manner: '
Vff
s' 150% of the unit bid price for removal and replacement of curb x
t” and gutter per linear foot = $2 ^44 = $1.22.
2
50% of the unit bid price for the removal'and replacement of
sidewalk per square foot - $2.84 - $0.42.
+= 2
50% 'of the unit bid price of removal and replacement of drive-
ways per square foot = $2 ^56 = $1.28.
2
- -' No assessment has been calculated for pavement cost to the property owners.
Contract Bid Price $20,609.40
' Property Owners' Assessment $ 3 022.19
$17,5 7.21 °
,,: _ f ,. ire f f ,� if i ''�!', •'i��~ •• , ; '.
Sheet-No.
Louisiana Blvd., South Side, From Deriver Street to
Santa Fe Street
King Construction Company Zoned & Used R -1 or R -2, C.G.}XZMM=4;• $ 1.22'•
Zoried & Used Other Than R -1 or R- 2.p.l.f..$ -0 -1 .
Assessment Rates Based on 50% of the Assessment Rate, Sidewalk per sq. ft. $ .42 ._
unit i e ep me
cent Assessment Rate, Driveway per sq. ft. $ 1.28
of all Concrete Improvements, Plus Engineer -,
ing Cost.
STEM
DESCRIPTION
TOTAL
NO..
OWNER & PROPERTY DESCRIPTION
QUANTITY
ASSESSED
OF,
ASSESSMENT
RATE •
AMOUNT
AMOUNT,,
ASSESSED.
LOUISIANA BLVD.-
SOUTfi SIDE
DENVER
STREET
1'
JOAN L. TOMPKINS
Lots 1 and 2 and the E. 7' of
118`.76 L.F.
Curb and Gutter
1.22
'
$144.89
Lot 3, Block 1, Besser Park. .'
165.56 S.F.
*552.04 S.F.
Driveway
Sidewalk
1.28
0.42
211.92
231.86
•
5 . 7
2
CLYDE H. GERDES
E. 32' Lot 4, &w. 68' Lot 3,
Block 1, Besser Park
100.0 L.F.
-0-
*400.0 S.F.
Curb and Gutter
Driveway
Sidewalk
1.22
0.42
122.00
168.00
290.00
" 3'
FRANK B. ADAMS
E. 32' Lot 6, West 43' Lot 4
and All of Lot 5.' Block 1,
Besser Park.
150.0 L.F.
193.56 S.F.
*588.0 S.F.
Curb and Gutter
Driveway
Sidewalk
1.22
1.28
'•0.42
183.00
'247.76
246.96
77.72
4
MRS. HELEN.AEARD PEASE
W. 43' Lot 6, All Lot 7 and
E. 42' Lot 8, Block 1,
Besser Park.
160.0 L.F.
165.56 S.F.
*•636.0• S.F.
Curb and Gutter
Driveway
Sidewalk
1.22
•1.28
0.42
195.20
211.92
267.12
674.24
5
`
A. ALBERT & ANNIE •W. IMICHTENES
W. 33' Lot 8, All Lot 9.and
E. 50' Lot 10r and W. 331 Lot
15, All Lot 14 and E. 50' Lot
158.0 L.F.
200.56 S.F.
76.0 S.F,.
Curti and Gutter
Driveway
Sidewalk
1.22
1.28
••0.42
192.76
256.72
31.92
1. 0
13,.Block 1, Besser Park,
6
W. A. FAGAN
W. 25' Lot 10 and All Lot 11,
100.0 L.P.
. Curb and Gutter
1.22
.122.00
Block 1, Besser Park
-0-
*•448.0 S.F.
Driveway
Sidewalk.
0.42
188.16
310.1
SAM
FE STREET
*Includes all sidewalk shown
on plans To-be replaced.
Total Contract
Price. $20,.6)9.4o
Property
City's Po
Owners' Assmt. 3,022.19.
tion $17,5T7.21
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 HEREIN -
ABOVE 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 PTO
THE WHOLE NUMBER OF FRONT FEET OF PROPERTY ACTUALLY IMPROVED IN ACCORDANCE
WITH THE FRONT FOOT RULE OR 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 THE STREETS ABOVE DESCRIBED,
WITHIN THE LIMITS 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
THE SPECIAL BENEFITS TO BE RECEIVED AND THE BURDENS IMPOSED THEREBY; AND IT
IS FURTHER ORDAINED THAT UPON FINAL COMPLETION AND ACCEPTANCE OF SAID IM-
PROVEMENTS ON SAID PORTION OF LOUISIANA BOULEVARD, SOUTH LANE, FROM DENVER
TO SANTA FE, 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 IN-
CREASE 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 THE DIRECTOR OF PUBLIC WORKS SHALL BE FINAL AND BINDING
UPON ALL PARTIES CONCERNED.
-8-
SECTION 5. THAT THE SEVERAL SUMS MENTIONED ABOVE IN SECTION
3 HEREOF ASSESSED AGAINST SAID PARCELS OF PROPERTY °ABUTTING ON THE PORTION
OF LOUISIANA BOULEVARD, SOUTH LANE, 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 PERCENT (5 %) PER ANNUM WITH REASONABLE ATTORNEY'S 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 IMPROVEMENTS °
WERE ORDERED BY SAID CITY COUNCIL, TO -WIT: MARCH 9, 1966, 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 ENFOR pEABLE
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:
SIXTY (60) EQUAL MONTHLY INSTALLMENTS, THE FIRST OF WHICH WILL BE PAYABLE
ON OR BEFORE TWENTY (20) DAYS AFTER THE COMPLETION OF SAID IMPROVEMENTS
TO THE STREET UPON WHICH THE RESPECTIVE PROPERTY ABUTS, AND ACCEPTANCE
THEREOF BY THE SAID CITY COUNCIL, THE REMAINING INSTALLMENTS TO BE DUE
AND PAYABLE, RESPECTIVELY, ONE EACH MONTH BEGINNING SIXTY (60) DAYS
AFTER THE DATE OF ACCEPTANCES DEFERRED PAYMENTS TO BEAR INTEREST FROM
DATE OF SAID ACCEPTANCE AT THE RATE OF FIVE PERCENT (5 %) PER ANNUM
PAYABLE MONTHLY CONCURRENTLY WITH EACH OF SAID INSTALLMENTS; PAST DUE
INSTALLMENTS OF PRINCIPAL AND INTEREST TO BEAR INTEREST AT THE SAME RATE
PER ANNUM UNTIL PAID; HOWEVER, PROVIDED THAT ANY OWNER OF SUCH-PROPERTY
SHALL HAVE THE RIGHT TO PAY OFF THE ENTIRE SUM OF SUCH ASSESSMENTS OR ANY
INSTALLMENT THEREOF, BEFORE MATURITY, BY PAYING PRINCIPAL AND ACCRUED
INTEREST TO DATE OF SAID PAYMENT; AND PROVIDED, FURTHERS 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
i
IS MADE SHALL AT THE OPTION OF KING CONSTRUCTION COMPANY, THEIR SUCCESSORS
-9-
OR ASSIGNS, BE, AND BECOME IMMEDIATELY DUE AND PAYABLE AND SHALL BE COLLECTIBLE
TOGETHER WITH REASONABLE ATTORNEYS FEES AND ALL COSTS AND EXPENSES OF COL-
LECTION, 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 KING CONSTRUCTION COMPANY 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 KING CONSTRUCTION COMPANY 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 AM THE REAL AND TRUE OWNER OR OWNERS
THEREOF, COLLECTION THEREOF SHALL BE ENFORCED AT THE OPTION OF KING CONSTRUC-
TION COMPANY, THEIR SUCCESSORS OR ASSIGNS EITHER BY SUITCIN ANY COURT
HAVING JURISDICTION OR BY SALE OF THE PROPERTY ASSESSED AS NEARLY AS POS-
SIBLE 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 PAR-
CELS 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 KING CONSTRUCTION COMPANY UPON THE COMPLETION OF SAID IMPROVE-
MENTS 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 THEjSAID PROPERTY
SHALL BE OWNED BY AN ESTATE OR FIRM, THEN TO SO STATE THE FACT SHALL BE
SUFFICIENT AND NO ERROR OR MISTAKE IN DESCRIBING SUCH PROPERTY OR IN GIVING
THE NAME OF ANY OWNER OR OWNERS, OR OTHERWISE, SHALL IN ANYWISE INVALIDATE
OR IMPAIR THE ASSESSMENT LEVIED HEREBY OR THE CERTIFICATE ISSUED IN EVIDENCE
THEREOF.
THAT 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 KING CONSTRUCTION COMPANY, 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 COLLECT-
IBLE WITH REASONABLE ATTORNEYS FEES AND ALL EXPENSES ANO'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 COUNCIL, TO -WIT: MARCH
9, 1966, AND SHALL PROVIDE IN EFFECT THAT IF DEFAULT SHALL BE MADE IN THE
PAYMENT THEREOF, THE SAME MAY BE ENFORCED, AT THE OPTIONoF KING CONSTRUC-
TION COMPANY, 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 PROCEEDINGS WITH REFERENCE TO MAKING SAID IMPROVEMENTS HAVE BEEN REGU-
LARLY 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 PRE-
REQUISITES TO THE FIXING OF THE ASSESSMENT LIEN AGAINST THE PROPERTY THEREIN
r
i
DESCRIBED, OR ATTEMPTED TO BE DESCRIBED, AND THE PERSONAL LIABILITY OF THE
I
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 RE-
QUIRED IN ANY COURT.
THAT ALL SAID CERTIFICATES MAY HAVE COUPONS ATTACHED THERETO IN
EVIDENCE OF EACH OR ANY OF THE SEVERAL INSTALLMENTS THEREOF, WHICH MAY BE
SIGNED WITH THE FACSIMILE SIGNATURES OF THE MAYOR AND CITY SECRETARY.
THAT SAID CERTIFICATES SHALL FURTHER PROVIDE IN EFFECT THAT THE
CITY OF CORPUS CHRISTI, TEXAS SHALL EXERCISE ALL OF ITS LAWFUL POWERS,
WHEN REQUESTED SO TO DO BY THE HOLDER OF SAID CERTIFICATE, TO AID IN THE
ENFORCEMENT AND COLLECTION THEREOF, AND SAID CERTIFICATES MAY CONTAIN OTHER
AND FURTHER RECITALS PERTINENT AND APPROPRIATE THEREOT. 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 LIA- 4
i
BILITY AND CHARGE AGAINST THE REAL AND TRUE OWNER OR OWNERS OF THE PROPERTY
DESCRIBED, OR ATTEMPTED TO BE DESCRIBED, NOTWITHSTANDING SUCH OWNER OR OWNERS
i
MAY NOT BE NAMED OR CORRECTLY NAMED, AND ANY IRREGULARITY IN THE NAME OF i
THE PROPERTY OWNER, OR THE DESCRIPTION OF ANY PROPERTY OR THE AMOUNT OF ANY
I
ASSESSMENT, OR IN ANY OTHER MATTER OR THING SHALL NOT IN ANYWISE INVALIDATE
{ w
OR IMPAIR ANY ASSESSMENT LEVIED HEREBY OR ANY CERTIFICATE ISSUED, AND SUCH
' I
MISTAKES OR ERROR, INVALIDITY OR IRREGULARITY WHETHER IN SUCH ASSESSMENT OR
IN THE CERTIFICATE ISSUED INEVIDENCE THEREOF, MAY BED BUT IS NOT REQUIRED
TO BE, TO BE ENFORCEABLE AT ANY TIME CORRECTED BY THE SAID CITY•COUNCIL OF
THE CITY OF CORPUS CHRISTI, TEXAS. FURTHER THAT THE OMISSION OF SAID IM-
PROVEMENTS IN FRONT OF ANY PART OR PARCEL OF PROPERTY ABUTTING UPON THE AFORE- i
MENTIONED STREET, WHICH IS EXEMPT FROM THE LIEN OF SAID ASSESSMENT, SHALL I
IN NO WISE AFFECT OR IMPAIR THE VALIDITY OF ASSESSMENTS AGAINST THE OTHER
PARCELS OF PROPERTY ABUTTING UPON SAID STREETS AND THAT THE TOTAL AMOUNTS
t
ASSESSED AGAINST THE RESPECTIVE PARCELS OF PROPERTY ABUTTING UPON SAID STREET,
I
WITHIN THE LIMITS HEREIN DEFINED, AND THE REAL AND TRUE OWNER OR OWNERS THEREOF, 1
-12-
ARE THE SAME AS, OR LESS THAN, THE ESTIMATE OF SAID ASSESSMENT PROPARED 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
40TH OF SAID CHAPTER 106 OF THE ACTS OF THE FIRST- CALLED SESSION OF THE
`LOTH LEGISLATURE OF THE STATE OF TEXAS, KNOWN AS ARTICLE 11058 OF VERNON'S
ANNOTATED CIVIL STATUTES OF TEXAS AND THE CHARTER OF THE CITY OF CORPUS
` CHRISTI, TEXAS, UNDER WHICH TERMS, POWERS AND PROVISIONS SAID PROCEEDINGS,
SAID IMPROVEMENTS AND ASSESSMENTS WERE HAD AND MADE BY SAID CITY COUNCIL.
SECTION 9. THE FACT THAT THE ABOVE DESCRIBED STREETS HAVE BECOME
AN IMPORTANT THOROUGHFARE AND THE FACT THAT THE PRESENT CONDITION OF SAID
STREET, WITHIN THE LIMITS DEFINED, IS DANGEROUS TO THE HEALTH AND PUBLIC
WELFARE OF THE INHABITANTS THEREOF CREATES A PUBLIC EMERGENCY AND AN IM-
PERATIVE 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 SEVERAL
MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED THAT SUCH
EMERGENCY AND 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 ACCORDINGLY SO ORDAINED
THISITHE Ig DAY OF APRIL, 1966.
ATTEST:
"/0' Zt�
CITY ECR TA Y
APPROVED AS LEGAL FORM T
CITY ATTORNEY 0
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
CORPUS CHRISTI; TEXAS j
L DAY OF
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 EX14T 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; 1, THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE
OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRO
DUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL.
RESPECTFULLY,
� � x
MAY�,��"G'�`Ii�L[ Gtv�
THE CITY OF CORPUS CHRISTI, TEXAS
JHE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTES
DR: MCIVER FURMAN
JACK BLACKM ON
PATRICK J. DUNNE t-N fL
DR. P. JIMENEZ, JR. / 2
KEN MCDANIEL (� 1
RONNIE SIZEMORE ;, Q
WM. H. WALLACE Q
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
w DR. MCIVER FURMAN ..(7
JACK BLACKMON L.(!
PATRICK J. DUNNE�A
� DR. P. JIMENEZ, JR. �
KEN MCDAN I EL 4-
RONNIE SIZEMORE n Q y
WM. H. WALLACE
9