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HomeMy WebLinkAbout08124 ORD - 08/03/19668 -1 -66 AN ORDINANCE APPROVING AND ADOPTING THE DIRECTOR OF PUBLIC WORKS' WRITTEN STATEMENT AND REPORT OF THE ESTIMATES OF THE VARIOUS COSTS FOR THE IMPROVEMENT OF NAVIGATION BOULEVARD, FROM HIGHWAY 9 (LEOPARD STREET) TO UPRIVER ROAD, AND THE STATEMENT OF THE NAMES OF THE APPARENT OWNERS, DESCRIPTIONS AND NUMBER OF FRONT FEET OF ABUTTING PROPERTY OF SAID STREET WITHIN SAID LIMITS; DETERMINING AND FIXING THE PORTION OF SAID COSTS, AND THE RATE THEREOF, TO BE PAID BY AND ASSESSED AGAINST SAID ABUTTING PROPERTY, AND THE REAL AND TRUE OWNERS THEREOF, AND THE PORTION THEREOF TO BE PAID BY THE CITY OF CORPUS CHRISTI, TEXAS; DETERMINING THE NECESSITY OF LEVYING AN ASSESSMENT AGAINST SAID ABUTTING PROPERTY, AND THE REAL AND TRUE OWNERS THEREOF FOR THE PART OF SAID COST APPORTIONED THEM; ORDERING AND SETTING A HEAR- ING TO BE HELD AT 3:00 O'CLOCK P. M., ON THE 17TH DAY OF AUGUST, 1966, IN THE COUNCIL CHAMBER OF THE CITY HALL IN CORPUS CHRISTI AS THE TIME AND PLACE FOR THE HEARING OF THE REAL AND TRUE OWNERS OF SAID ABUTTING PROPERTY, AND ALL OTHERS INTERESTED IN SAID PROPERTY OR IN SAID PROCEED- INGS CONCERNING SAID ASSESSMENTS AND PROCEEDINGS; DIRECT- ING THE CITY SECRETARY TO GIVE NOTICE OF SAID HEARING AS REQUIRED BY THE LAWS OF THE STATE OF TEXAS AND THE CHARTER OF THE CITY OF CORPUS CHRISTI, TEXAS, AND FURTHER, DIRECT- ING SAID CITY SECRETARY IN ADDITION TO THE CONTENTS OF THIS NOTICE OF SAID HEARING AS REQUIRED BY LAW, WHICH SHALL BE VALID AND SUFFICIENT IN ITSELF, TO INCLUDE THEREIN A LIST OF THE APPARENT OWNERS AND DESCRIPTION OF SAID ABUTTING PROPERTY AS SET OUT IN SAID REPORT OF THE DIRECTOR OF PUBLIC WORKS AND PROVIDING THAT SAID LIST OF APPARENT OWNERS SHALL NOT BE CONCLUSIVE OF SAID OWNERSHIP AND SHALL NOT LIMIT SAID NOTICE TO SUCH OWNERS NAMED OR THE PROPERTIES DESCRIBED, AND THE SAID NOTICE SHALL NEVERTHELESS BE DIRECTED TO THE REAL AND TRUE OWNERS OF SAID ABUTTING PROPERTY, WHETHER NAMED OR CORRECTLY NAMED OR NOT; AND DECLARING AN EMERGENCY. WHEREAS, THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, HERETOFORE ON THE 3RD DAY OF AUGUST, 1966, BY DULY ENACTED ORDINANCE DETERMINED THE NECESSITY FOR AND ORDERED THE IMPROVEMENT OF THE PORTION OF NAVIGATION BOULEVARD, FROM HIGHWAY 9 (LEOPARD STREET) TO UPRIVER ROAD, A DULY EXECUTED NOTICE OF SAID ORDINANCE HAVING THEREAFTER BEEN FILED IN THE NAME OF THE CITY WITH THE COUNTY CLERK OF NUECES COUNTY, TEXAS; AND WHEREAS, PURSUANT TO THE ORDINANCE OF AUGUST 3, 1966, ABOVE MENTIONED, AND AFTER HAVING ADVERTISED FOR THE RECEIVED BIDS ON THE CON- STRUCTION OF SAID IMPROVEMENTS FOR THE LENGTH OF TIME AND IN THE MANNER i AND FORM AS REQUIRED BY THE CHARTER OF SAID CITY AND THE LAWS OF THE STATE OF TEXAS, HAVING AWARDED A CONTRACT FOR THE CONSTRUCTION OF SAID IMPROVE- MENTS TO HELDENFELS BROTHERS, ON ITS LOWEST AND MOST ADVANTAGEOUS BID, AND I F,', -aI HAVING DULY AND REGULARLY MADE APPROPRIATION OF FUNDS AVAILABLE FOR SAID PURPOSE TO COVER THE ESTIMATED COST TO SAID CITY OF SAID IMPROVEMENTS, ALL AS PROVIDED BY THE CORPUS CHRISTI CITY CHARTER AND BY -LAWS AND THE LAWS OF THE STATE OF TEXAS, DID EXECUTE HERETOFORE ON 1966, A CONTRACT WITH HELDENFELS BROTHERS, AND THE PERFORMANCE BOND REQUIRED BY SAID CONTRACT HAVING BEEN PROPERLY FURNISHED AND POSTED BY SAID HELDENFELS BROTHERS, AND ACCEPTED BY SAID CITY COUNCIL AS TO FORM AND AMOUNT AS REQUIRED BY THE CHARTER OF THE 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 COSTS OF SUCH IMPROVEMENTS AND ESTIMATES OF THE AMOUNT PER FRONT FOOT PROPOSED TO BE ASSESSED AGAINST THE PROPERTY ABUTTING SAID STREET 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 THE SAME HAVING BEEN RECEIVED AND EXAMINED BY SAID CITY COUNCIL; AND WHEREAS, IN ACCORDANCE WITH SAID STATEMENT OF ESTIMATES AND OTHER MATTERS PREPARED AND FILED BY SAID DIRECTOR OF PUBLIC WORKS HEREIN APPROVED BY SAID CITY COUNCIL, THE TOTAL ESTIMATED COST OF,THE WHOLE IMPROVEMENT OF NAVIGATION BOULEVARD, WITHIN THE LIMITS HEREINABOVE DEFINED, IS $122,750.35• THAT THE TOTAL ESTIMATED AMOUNT OF THE COST OF SAID IMPROVEMENTS TO THE FORE- GOING STREET PROPOSED TO BE ASSESSED AGAINST THE ABUTTING PROPERTY, AND THE REAL AND TRUE OWNERS THEREOF, IS $63,973.31; THE TOTAL ESTIMATED AMOUNT OF THE COST OF SAID IMPROVEMENTS TO THE FOREGOING STREETS WITHIN THE LIMITS ABOVE DEFINED PROPOSED TO BE PAID BY THE CITY OF CORPUS CHRISTI IS $5$,777.04; AND _ WHEREAS, ACCORDING TO SAID WRITTEN STATEMENT OF SAID DIRECTOR OF PUBLIC WORKS, THE NAMES OF THE APPARENT OWNERS OF SAID ABUTTING PROPERTY, THE DESCRIPTION OF THEIR PROPERTY, THE NUMBER OF FRONT FEET OWNED BY EACH, THE ASSESSMENT RATES IN SQUARE AND LINEAL FEET, THE AMOUNT PROPOSED TO BE ASSESSED AGAINST EACH ABUTTING PROPERTY AND THE REAL AND TRUE OWNERS THERE- OF AND OTHER MATTERS CONTAINED IN SAID STATEMENT ARE AS FOLLOWS, TO -WIT: -2- TO: THE MAYOR AND CITY COUNCIL FROM: DIRECTOR OF PUBLIC WORKS HEREWITH ARE SUBMITTED OWNERSHIP ROLLS, SHOWING THE NAMES OF THE APPARENT PROPERTY OWNERS ABUTTING PROPERTY ON THAT PORTION OF NAVIGATION BOULEVARD, FROM HIGHWAY NO. 9 (LEOPARD STREET) TO UPRIVER ROAD. ALSO SHOWN ARE THE NUMBER OF FRONT FEET OWNED BY EACH THE DESCRIP- TION OF THEIR PROPERTY, THE ASSESSMENT RATES IN LINEAL FEET, AND THE AMOUNT PROPOSED TO BE ASSESSED AGAINST EACH ABUTTING PROPERTY AND THE REAL AND TRUE OWNERS THEREOF. A SUMMARY OF THE ASSESSMENT RATES, THE TOTAL AMOUNT OF ASSESSMENTS AND THE TOTAL AMOUNT TO BE PAID BY THE CITY OF CORPUS CHRISTI IS AS FOLLOWS: THE ASSESSMENT RATES FOR THE IMPROVEMENTS TO THE FOREGOING STREETS WITHIN THE LIMITS DEFINED, ARE AS FOLLOWS: PROPERTY ZONED AND USED OTHER THAN °R -1n OR °R -21' (PAVEMENT ONLY) 5.76 PLF PROPERTY USED AND OWNED BY CHURCH AND GULF COAST HUMANE SOCIETY (PAVEMENT ONLY) 5.55 PLF TOTAL ESTIMATED COST OF WHOLE IMPROVEMENTS y. 7 WITHIN THE LIMITS DEFINED: $122,750.35 TOTAL AMOUNT TO BE ASSESSED: 6 TOTAL COST TO CITY OF CORPUS CHRISTI 5 APPROVED: DIRECTOR OFrP LIC WORKS CITY MANAGER -3- PRELIMINARY ASSESSMENT ROLL NAVIGATION BOULEVARD FROM LEOPARD STREET TO UP RIVET? ROAD This project, numbered 220- 64 -63, calls for the excavation to a width of 60' and to a depth and grade to permit the construction of a pavement consisting of the following requirements: 9" Lime stabilized base, 6" compacted caliche, prime coat M.C. 70, 22" Type "A ", and 12" Type "D" hot -mix asphaltic concrete to a width of 44' and 2 - 8' paved shoulders with 2 course asphaltic surface treatment, making a total paved roadway width of 601. All existing driveways shall be replaced according to width shown on plans. Any additional widths shall be by separate agreements between property owners and contractor at contract bid price per linear foot. The assessment rate to abutting property owners for the above improvement is as follows: Property Zoned and Used Other Than R1 or R2 - Pavement Only @ $8.76 per linear foot Property Used and Owned by Church and Gulf Coast Humane Society - Pavement Only @ $5.88 per linear foot Total Contract Price $122,750.35 Property Owner Assessments 63,973-31 City's Portion $5b,777-04 ' Preliminary Assessment Roll - Navigation Blvd. Contractor: Helden£els Brothers >. 9" lime stabilized base, 6" compacted cal i- !he, prime coat M070, 22" Type "A" hot -mix as- )haltic concrete-&- l- Type D hot -mix 7sphal- 5ic concrete. Sheet No. _ _ Zoned & Used R -1 or R -2, C.G. & Pavement $ Zoned & Used Other Than R -1 or R -2 p.1.f. $ 8.76 Assessment Rate, Sidewalk per sq. ft: $ Assessment Rate, Driveway per sq. ft. $ 'EM 0. OWNER & PROPERTY DESCRIPTION QUANTITY ASSESSED DESCRIPTION OF ASSESSMENT RATE AMOUNT TOTAL AMOUNT ASSESSED HIGHWAY - WEST SIDE 1. D. W. GRANT .446 Acres out of E. Portion of 215.0 L.F. Pavement Only 8.76 $ 1,883.4 Share D.&E., McBride Addn., Zoned 1 -2, 100% Assessed 2 J. R. HELDENFELS 100% Assessed 1031.68 L.F. Pavement Only 8.76 9,037.52 3 J. R. HELDENFELS 100% Assessed 520.68 L.F. Pavement Only 8.76 4,561.1 4 CORPUS CHRISTI BROADCASTING SYS 100% Assessed 247.85 L.F. Pavement Only 8.76 2,171.1 5 TEXACO INC Lot 1, Wheian Add.. Annex, 175.0 L.F. Pavement Only 8.76 1,533.0 Zoned Other Than R1, 100p Assessed 6 KREBS CONSTRUCTION CO. 100% Assessed 442.70 L.F. Pavement Only 8.76 3,878.05 7 GULF COAST HUMANE SOOTY Zoned 1 -2, Assessed at R1 or 343.0 L.F. Pavement Only 5.88 2,016.8 R2 PRELIMINARY ASSESSMENT ROLL NAVIGATION BOULEVARD FROM LEOPARD STREET TO UP RIVER ROAD This project, numbered 220- 64 -63, calls for the excavation to a width of 60' and to a depth and grade to permit the construction of a pavement consisting of the following requirements: 9" Lime stabilized base, 6" compacted caliche, prime coat M.C. 70, 2_Z Type "A ", and 12" Type "D" hot -mix asphaltic concrete to a width of 44' and 2 - 8' paved shoulders with 2 course asphaltic surface treatment, making a total paved roadway width of 60'. All existing driveways shall be replaced according to width shown on plans. Any additional widths shall be by separate agreements between property owners and contractor at contract bid price per linear foot. The assessment rate to abutting property owners for the above improvement is as follows: Property Zoned and Used Other Than Rl or R2 - Pavement Only Cal $8.76 per linear foot Property Used and Owned by Church and Gulf Coast Humane Society - Pavement Only @ $5.88 per linear foot Total Contract Price $122,750.35 Property Owner Assessments 63 ' 973.31 City's Portion $5 ,7$77.O4 r • .k yr, Sheet No. _ — Preliminary Assessment Roll - Navigation Blvd. Highway 9 - West Side _ a. Contractor: Heldenfels Brothers Zoned & Used R -1 or R -21 C.G. & Pavement b. 9" 11ne stabimnea onse, c e ca Zoned & Used Other Than R -1 or R -2 p.l.f. $8.76 che, prime coat MC70j 22" Type "A" hot -mix as- Assessment Rate, Sidewalk per sq. ft. $ ph 'tie eeterete m �3� ' i- tic concrete. Assessment Rate, Driveway per sq. ft. $ TEM NO. OWNER & PROPERTY DESCRIPTION QUANTITY ASSESSED DESCRIPTION OF ASSESSMENT RATE AMOUNT TOTAL AMOUNT ASSESSED 8 - SCOTT ROBE'RSON 100% Assessed, Zoned other Than 136.00 L.F. Pavement Only 8.76 1,191.36 R1 or R2 9 MARY Z. NICHOLSON Zoned Other Than Rl or R2, 100% 56.0 L.F. Pavement Only 8.76 490.56 Assessed 10 EMCO ELEVATOR CO. Zoned Other Than R1 or R2, 100% 95.75 L.F. Pavement Only 8.76 838.77 Assessed 11 RALPH W. KING Lot 6, Block H, Census Tract 7, 191.63 L.F. Pavement Only 8.76 1,678.68 1CO% Assessed. 12 GILMAN CO. Lot 5, Block H, Census Tract 7, 95.93 L.F. Pavement Only 8.76 84o.35 100% Assessed 13 TOM WHELAN Tom Whelan Estate, 100% Assessed 292.24 L.F. Pavement Only 8.76 2,560.02 HIGHWAY 9 - EAST SIDE 14 W. C. HENDON Lot 2, Block 2, Richter Addn., 255.0 L.F. Pavement Only 8.76 2,233.80 100% Assessed 15 ARTHUR WESTRUP Lot 3, Block 2, Richter Addn., 190.32 Pavement Only 8.76 1,667.20 100% Assessed Sheet No. Preliminary Assessment Roll - Navigation Blvd. a. Contractor: Heldenfels Brothers Zoned & Used R -1 or R -2, C.G. & Pavement $ b. 9 lime stabilized base compacted Cali- Zoned & Used Other Than R -1 or R -2 p.1.f. $8,76 che, prime coat MC70, 22" Type "A" hot -mix Assessment Rate, Sidewalk per sq. ft. asphaltic concrete, z Assessment Rate, Driveway per sq. ft. $ PEM DESCRIPTION TOTAL d0. OWNER & PROPERTY DESCRIPTION QUANTITY OF AMOUNT ASSESSED ASSESSMENT RATE AMOUNT ASSESSED HIGHWAY 9 - T SIDE 16 SAM KATZ ,100,% Assessed 225.24 L.F. Pavement Only 8.76 1,973.10 17 18 19 rM ow B. B. MORSE 100% Assessed B. T. STALLCUP 100% Assessed J. A. HOOT 100% Assessed J. R. HELDENFELS McBride Partition, 100% Assessed CHURCH OF JESUS Zoned Other Than R1 or R2, 75% Assessed as RI or Church 119.0 L.F. Pavement Only 100.0 L.F. Pavement Only i 100.0 L.F. Pavement Only i SAV GE LANE 1031.0 L.F. Pavement Only 42.0 L.F. ( 31.50) 22 M. R. DAVIS Zoned Other Than Rl or R2 150.0 L.F. 75% Assessed (112.50) Pavement Only AAA STREET Pavement Only I 8.76 1,o42.44 5.88 8.76 876.00 985.50 8.76 876.00 8.76 9,031.56 5.88 185.22 8.76 985.50 Preliminary Assessment Roll - Navigation Blvd. a. Contractor: Heldenfels Brothers b. me stabilizea riase compac e c fi- che, prime coat MC70, 22 Type "A" hot -mix asphaltic concrete. Sheet No. _ Zoned & Used R -1 or R -2, C.G. & Pavement $ Zoned & Used Other Than R -1 or R -2 p.1.f. $8.76 Assessment Rate, Sidewalk per sq. ft. $ Assessment Rate, Driveway per sq. ft. $ TEM. 90. OWNER & PROPERTY DESCRIPTION QUANTITY ASSESSED DESCRIPTION OF ASSESSMENT RATE AMOUNT TOTAL AMOUNT ASSESSED TROI 1AS STREET 23 F. D. BLANTON Zoned Other Than RI or R2, 100% 150.0 L.F. Pavement Only 8.76 1,314.00 Assessed MARGA=T STREET 24 C. E. mAmH - ZONED Other Than R1 or R21 100% 100.0 L.F. Pavement Only 8.76 876.00 Assessed 25 Mrs. A. C. Miles Zoned Other Than R1 or R2, 100% 50.0 L.F. Pavement Only 8.76 438.00 Assessed 26 A. C. ALVAREZ Zoned Other Than Rl or R2, 100'% 150.0 L.F. Pavement Only 8.76 1,314.00 Assessed 27 CHURCH OF JESUS Zoned Other Than R1 or R2, 75.0 L.F. Pavement Only 5.88 441.00 Assessed as R1 Church 28 TOM WH LAN Zoned Other Than R1 or R2, 75.0 L.F. Pavement Only 8.76 657.00 100% Assessed 29 E. F. SCHROEDER Zoned Other Than R1 or R2, 100% 75.0 L.F. Pavement Only 8.76 657.00 Assessed Sheet No.. _ Preliminary Assessment Roll - Navigation Blvd.- a. Contractor: Heldenfels Brothers Zoned & Used R -1 or R -2, C.G. & Pavement $ b. me s a i tali-Zoned -& Used Other Than R -1 or R -2 p.l.f. $8•76 che, prime coat MC70, 2z" Type "A" hot- Assessment Rate, Sidewalk per sq. ft. $ asphalt-- eeeeke & 1 hot -mix asphaltic concrete. Assessment Rate, Driveway per sq. ft. $ TEM NO. OWNER & PROPERTY DESCRIPTION QUANTITY ASSESSED DESCRIPTION OF ASSESSMENT RATE AMOUNT TOTAL AMOUNT ASSESSED MAR CARET STREET 30 W. 0. GERLOFF ,Zoned Other Than R1 or R2, 100% 75.0 L.F. Pavement Only 8.76 657.00 Assessed 31 R. E. FULTION Zoned Other Than RI or R2, 100% 75.00 L.F. Pavement Only 8.76 657.00 Assessed - 32 E. V. DUPREE Zoned Other Than Rl or R2, 100% 75.0 L.F. Pavement Only 8.76 657.00 Assessed 33 TOM 1411ELAN Zoned Other Than R1 or R2, 100 150.00 L.F. Pavement Only 8.76 1,314.00 Assessed 34 FLOYD A. ROBERTS Zoned Other Than'R1 or R2, 100% 75.24 L.F. Pavement Only 8.76 659.1o' Assessed 35 ALBERT EVERT Zoned Other T1-:an R1 or R2, 100% 75.08 L.F. Pavement only 8.76 657.70 Assessed 36 W. L. HARRIS Zoned Other Than RI or R2, 100$, 75.0 L.F. Pavement Only 8.76 657.00 Assessed Sheet No. _ Preliminary Assessment Roll - Navigation Blvd. a. Contractor: Heldenfels Brothers Zoned & Used R -1 or R -2, C.G. & Pavement $ b. 9" lime stabilized base, compacted Zoned & Used Other Than R -1 or R -2 p.l.f. caliche, prime coat MC7O, 22" Type "A" Assessment Rate, Sidewalk per sq. ft. $ hot-mix asp i z e Assessment Rate, Driveway per sq. ft. $ hot -mix asphaltic concrete. TEM NO. OWNER & PROPERTY DESCRIPTION QUANTITY ASSESSED DESCRIPTION OF ASSESSMENT RATE AMOUNT TOTAL AMOUNT ASSESSED KAR ABET STREET 37 A. M. SHEPHERD iZoned Other Than R1 or R2, 100% 75.33 - = Pavement only 8.76 659.89 Assessed 38 TOM WHELAN 1 Zoned Other Than R1 or R2, 100% 92.00 L.F. Pavement Only 8.76 805.92 Assessed Total Contract Price $122,750.35 Property Owner Assessme is 63,973-31 $ City's Portion 5 , NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE WRITTEN STATEMENT AND REPORT OF THE DIRECTOR OF PUBLIC WORKS HERETOFORE FILED WITH THE CITY COUNCIL, SHOWING THE ESTIMATED TOTAL COST OF THE WHOLE IMPROVEMENT OF SAID NAVIGATION BOULEVARD, WITHIN THE LIMITS ABOVE DEFINED; THE ESTIMATED AMOUNT PER FRONT FOOT TO BE ASSESSED AGAINST EACH ABUTTING PROPERTY, AND THE REAL AND TRUE OWNER$ THEREOF FOR CONSTRUCTION OF SAID PAVEMENT, WITHIN THE LIMITS ABOVE DEFINED; THE TOTAL ESTIMATED AMOUNT OF THE COST OF SAID IMPROVEMENTS ON SAID STREET, WITHIN THE LIMITS DEFINED, PROPOSED TO BE PAID BY THE CITY OF CORPUS CHRISTI, TEXAS; THE NAMES OF THE APPARENT OWNERS OF THE PROPERTY ABUTTING ON SAID STREET, WITHIN THE LIMITS DEFINED, WITH THE NUMBER OF FRONT FEET OWNED BY EACH AND THE DESCRIPTION OF THE PROPERTY, AND OTHER MATTERS RELATIVE THERETO, HAVING BEEN RECEIVED AND EXAMINED BY THE CITY COUNCIL, SAID REPORT IS HEREBY IN ALL THINGS APPROVED AND ADOPTED. SECTION 2. THAT IT IS HEREBY FOUND AND DETERMINED THAT THE TOTAL ESTIMATED COST OF THE WHOLE IMPROVEMENT OF THE ABOVE NAMED STREET, WITHIN THE LIMITS ABOVE DEFINED, IS $122,750.35• THAT THE TOTAL ESTIMATED AMOUNT OF THE COST OF SAID IMPROVEMENTS TO THE FOREGOING STREET PROPOSED TO BE ASSESSED AGAINST THE ABUTTING PROPERTY, AND THE REAL AND TRUE OWNERS THERE- OF, IS $63,973.31; THE TOTAL ESTIMATED AMOUNT OF THE COST OF SAID IMPROVE- MENTS TO THE FOREGOING STREET, WITHIN THE LIMITS ABOVE DEFINED, PROPOSED TO BE PAID BY THE CITY OF CORPUS CHRISTI, IS $58,777.0• SECTION 3. THAT A PORTION OF THE COST OF SAID IMPROVEMENTS SHALL BE PAID AND DEFRAYED BY THE CITY OF CORPUS CHRISTI, TEXAS, AND THAT A PORTION OF THE COST OF SAID IMPROVEMENTS SHALL BE PAID BY AND ASSESSED AGAINST THE PROPERTY ABUTTING UPON SAID STREET, WITHIN THE LIMITS ABOVE DEFINED, AND AGAINST THE REAL AND TRUE OWNERS THEREOF, IN ACCORDANCE WITH, AND IN THE MANNER PROVIDED BY, THE CHARTER OF THE CITY OF CORPUS CHRISTI, TEXAS, AND BY ARTICLE 1105 -B OF VERNON'S ANNOTATED CIVIL STATUTES OF TEXAS, AND THAT THE TOTAL COST OF SAID IMPROVEMENTS SHALL BE AND ARE HEREBY AP- PORTIONED BETWEEN SAID PARTIES AND SHALL BE PAID AND DEFRAYED AS FOLLOWS: r e -4- a (A) THE CITY OF CORPUS CHRISTI SHALL PAY NOT LESS THAN ONE -TENTH (I/lOTH) OF THE TOTAL COST OF SAID IMPROVEMENTS ON SAID STREET IN FRONT OF THE RESPECTIVE PROPERTIES ABUTTING UPON SAID STREETS SAID COSTS BEING IN THE AMOUNTS AS HEREINBEFORE SET OUT IN SECTION 2 HEREOF. (B) THE PROPERTY ABUTTING UPON SAID STREET, WITHIN THE LIMITS ABOVE DEFINED, AND THE REAL AND TRUE OWNERS THEREOF SHALL BE ASSESSED EIGHTY PERCENT (') OF THE COST OF ONE -HALF OF THE STREET IMPROVED WHICH uLrA SHALL BE ONE -HALF OF THE PAVEMENT WIDTH ABUTTING THE PROPERTY AS DETERMINED BY APPLYING THE UNIT PRICES OBTAINED BY BIDS TO THE CALCULATED QUANTITIES FOR THE IMPROVEMENTS ABUTTING THE PROPERTY, EXCLUSIVE OF THE COST OF ANY STORM SEWERS; PROVIDED, HOWEVER, THE TOTAL COSTS TO BE ASSESSED AGAINST AND PAID BY ABUTTING PROPERTY, AND THE REAL AND TRUE OWNERS THEREOF SHALL NOT IN ANY CASE EXCEED NINE - TENTHS (9 /10THS) OF THE TOTAL COST OF SAID IMPROVE- MENTS ON THE STREET UPON WHICH THEY ABUT, SAID COSTS BEING AT THE RATE OFD AND IN THE AMOUNTS AS HEREINABOVE SET OUT IN SECTION 2 HEREOF. THE AMOUNTS PAYABLE BY THE ABUTTING PROPERTY AND THE REAL AND TRUE OWNERS THEREOF SHALL BE ASSESSED AGAINST SUCH ABUTTING PROPERTY, AND THE REAL AND TRUE OWNERS THEREOF, AND SHALL CONSTITUTE A FIRST AND PRIOR LIEN UPON SUCH ABUTTING PROPERTY AND A PERSONAL LIABILITY OF THE REAL AND TRUE OWNERS THEREOF, PROVIDED HOWEVER; THAT NO AMOUNT SHALL BE ASSESSED AGAINST SUCH ABUTTING PROPERTY, OR THE REAL AND TRUE OWNERS THEREOF, IN EXCESS OF THE BENEFITS TO SAID PROPERTY IN THE ENHANCED VALUE THEREOF BY REASON OF SAID IMPROVEMENTS ON THE STREET UPON WHICH IT ABUTS, AND THAT SAID COST WHICH MAY BE ASSESSED AGAINST SUCH PROPERTY AND ITS REAL AND TRUE OWNERS SHALL BE IN ACCORDANCE WITH THE FRONT FOOT RULE OR PLAN IN PROPORTION AS THE FRONTAGE OF SUCH PROPERTY IS TO THE FRONTAGE TO BE IM- PROVED, PROVIDED THAT, IF IT SHALL APPEAR AT THE HEARING ON SPECIAL BENEFITS; HEREINAFTER PROVIDED FOR, THAT THE APPLICATION OF SUCH RULE OR PLAN WILL RESULT IN INEQUALITY OR INJUSTICE THEN SUCH RULE OF APPORTIONMENT SHALL BE APPLIED AS WILL IN THE JUDGMENT OF THE CITY COUNCIL PRODUCE SUB- STANTIAL JUSTICE AND EQUALITY BETWEEN RESPECTIVE PARCELS OF PROPERTY AND THE REAL AND TRUE OWNERS THEREOF CONSIDERING THE SPECIAL BENEFITS IN -5- ENHANCED VALUE TO BE RECEIVED AND BURDENS IMPOSED, ALL IN ACCORDANCE WITH AND AS PROVIDED FOR IN SAID CITY CHARTER AND THE PROVISION OF ARTICLE 11058, VERNON'S ANNOTATED CIVIL STATUTES OF TEXAS. THAT THE AMOUNTS PAYABLE BY THE REAL AND TRUE OWNERS OF SAID ABUTTING PROPERTY SHALL BE PAID AND BECOME PAYABLE IN FIVE (5) EQUAL INSTALL- MENTS, THE FIRST OF WHICH SHALL BE DUE AND PAYABLE TWENTY (20) DAYS AFTER THE DATE SAID IMPROVEMENTS ARE COMPLETED AND ACCEPTED BY THE SAID CITY COUNCIL, AND THE REMAINING FOUR (4) INSTALLMENTS TO BE DUE AND PAYABLE, RESPECTIVELY, ONE (1), TWO (2), THREE (3) AND FOUR (4) YEARS FROM AND AFTER THE DATE OF SUCH ACCEPTANCE AND BEARING INTEREST AT THE RATE OF FIVE (5 %) PERCENT PER ANNUM FROM SAID DATE OF ACCEPTANCE, PAYABLE ANNUALLY; PRO- VIDED, HOWEVER, THAT THE OWNERS OF SAID PROPERTY SHALL HAVE THE PRIVILEGE OF PAYING ANY ONE, OR ALL, OF SUCH INSTALLMENTS AT ANY TIME BEFORE MATURITY THEREOF BY PAYING THE TOTAL AMOUNT OF PRINCIPAL DUE, TOGETHER WITH INTEREST ACCRUED, TO THE DATE OF PAYMENT; FURTHER, THAT IF DEFAULT BE MADE IN PAY- MENT OF ANY SUCH INSTALLMENTS OF PRINCIPAL OR INTEREST PROMPTLY AS SAME MATURES, THEN AT THE OPTION OF THE CONTRACTOR OR ASSIGNS THE ENTIRE AMOUNT OF THE ASSESSMENT UPON WHICH SUCH DEFAULT IS MADE SHALL BE AND BECOME DUE AND PAYABLE TOGETHER WITH REASONABLE ATTORNEYS FEES AND COLLECTION COSTS, IF INCURRED. SECTION 4. THAT A HEARING BE GIVEN TO THE REAL AND TRUE OWNERS AND ALL OWNING OR CLAIMING ANY INTEREST IN ANY PROPERTY ABUTTING UPON SAID PORTION OF SAID STREET, WITHIN THE LIMITS ABOVE DEFINED, AND TO ALL OTHERS OWNING, CLAIMING OR INTERESTED IN SAID PROPERTY, OR ANY OF SAID MATTERS AS TO THE ASSESSMENTS AND TO THE AMOUNT TO BE ASSESSED AGAINST EACH PARCEL OF PROPERTY AND THE REAL AND TRUE OWNERS THEREOF, AND AS TO THE SPECIAL BENE- FITS TO SAID PROPERTY TO BE RECEIVED FROM SAID IMPROVEMENTS, IF ANY, OR CONCERNING ANY ERROR, INVALIDITY, IRREGULARITY OR DEFICIENCY IN ANY PRO- CEEDING OR CONTRACT WITH REFERENCE THERETO, OR CONCERNING ANY MATTER OR THING CONNECTED THEREWITH, WHICH HEARING SHALL BE HELD BY THE CITY COUNCIL OF SAID CITY IN THE COUNCIL CHAMBER OF THE CITY HALL OF THE CITY OF CORPUS CHRISTI, TEXAS, AT 3:00 O'CLOCK P.M. ON THE 17TH DAY OF AUGUST, 1966, AT WHICH TIME ALL PERSONS, FIRMS, CORPORATIONS, OR ESTATES, OWNING OR CLAIMING ANY SUCH ABUTTING PROPERTY, OR ANY INTEREST THEREIN, AND THEIR AGENTS OR m ATTORNEYS, OR PERSONS INTERESTED IN SAID PROCEEDINGS ARE NOTIFIED TO APPEAR AND TO BE HEARD IN PERSON OR BY COUNSEL AND MAY OFFER EVIDENCE; AND SAID HEARING SHALL BE ADJOURNED FROM DAY TO DAY AND FROM TIME TO TIME AND KEPT OPEN UNTIL ALL'PERSONSj EVIDENCE AND PROTESTS HAVE BEEN DULY HEARD; AND THE CITY SECRETARY OF THE CITY OF CORPUS CHRISTI, TEXAS, IS HEREBY DIRECTED TO GIVE NOTICE OF SAID HEARING BY PUBLICATION IN THE CORPUS CHRISTI TIMES THE OFFICIAL NEWSPAPER OF THE CITY OF CORPUS CHRISTI, WHICH IS A NEWSPAPER OF GENERAL CIRCULATION IN THE CITY OF CORPUS CHRISTI, TEXAS; AND SAID NOTICE SHALL BE PUBLISHED AT LEAST THREE TIMES IN SAID NEWSPAPER BEFORE THE DATE SET FOR SAID HEARINGS THE FIRST OF WHICH PUBLICATIONS SHALL BE AT LEAST TEN DAYS PRIOR TO THE DATE OF SAID HEARING, AND SUCH NOTICE BY PUBLICATION SHALL BE VALID AND SUFFICIENT WITHOUT ANY FURTHER FORM OF NOTICE, AS PROVIDED FOR AND IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF SAID CITY CHARTER AND OF ARTICLE 11058 OF VERNON'S ANNOTATED CIVIL STATUTES OF TEXAS; HOWEVER, SAID CITY SECRETARY IS FURTHER DIRECTED, IN ADDITION TO THE CONTENTS OF THE NOTICE OF SAID HEARING AS REQUIRED BY LAW, WHICH SHALL BE FOR ALL PURPOSES VALID AND SUFFICIENT IN ITSELF, TO IN- CLUDE THEREIN THE LIST OF THE NAMES OF THE APPARENT OWNERS, AND THE DESCRIP- TIONS 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 NOTICES SHALL MERELY BE CUMULATIVE OF AND IN ADDITION TO THE REQUIREMENTS 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 OR 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 TO THE REAL AND TRUE OWNERS OF SAID ABUTTING PROPERTY WHETHER NAMED OR CORRECTLY NAMED THEREIN OR NOT; AND TO ALL OTHERS CLAIMING, OWNING OR INTERESTED IN ANY MANNER IN ANY MANNER IN ANY OF SAID ABUTTING PROPERTY ON SAID STREET WITHIN THE LIMITS ABOVE DEFINED. SECTION 5. THAT FOLLOWING SUCH HEARING AS ABOVE PROVIDED ASSESS- MENTS WILL BE LEVIED AGAINST SAID ABUTTING PROPERTY AND THE REAL AND TRUE OWNERS THEREOF FOR THAT PORTION OF THE COST OF SAID IMPROVEMENTS HEREINABOVE DETERMINED TO BE PAYABLE BY SAID ABUTTING PROPERTY AND THE REAL AND TRUE OWNERS THEREOF, AND WHICH ASSESSMENT SHALL BE A FIRST AND PRIOR LIEN UPON SAID ABUTTING PROPERTY AND A PERSONAL LIABILITY AND CHARGE AGAINST THE REAL AND TRUE OWNERS THEREOF. IN LEVYING SAID ASSESSMENTS, IF THE NAME OF THE OWNER BE UNKNOWNS IT SHALL BE SUFFICIENT TO SO STATE THE FACT, AND IF SAID ABUTTING PROPERTY BE OWNED BY AN ESTATE OR BY ANY FIRM OR CORPORATION, IT SHALL BE SUFFICIENT TO SO STATE THE FACT, AND IT SHALL NOT BE NECESSARY TO GIVE THE CORRECT NAME OF ANY SUCH OWNER, AND NO ERROR OR MISTAKE IN ATTEMPT- ING TO NAME ANY SUCH OWNER OR IN DESCRIBING ANY OF SAID PROPERTY SHALL IN- VALIDATE ANY ASSESSMENT OR CERTIFICATE ISSUED IN EVIDENCE THEREOF) BUT NEVERTHELESS THE REAL AND TRUE OWNER OF SAID ABUTTING PROPERTY SHALL BE LIABLE AND THE ASSESSMENT AGAINST SAID PROPERTY SHALL BE VALID WHETHER OR NOT SUCH OWNER BE NAMED OR CORRECTLY NAMED, OR SAID PROPERTY CORRECTLY DESCRIBED. SECTION 6. THE FACT THAT THE STREET] WITHIN THE LIMITS ABOVE DEFINED, 15 BADLY IN NEED AT THIS TIME OF PERMANENT STREET IMPROVEMENTS, AND THE FURTHER FACT THAT THE PRESENT CONDITION OF SAID PORTION= OF SAID STREET IS DANGEROUS TO THE HEALTH AND PUBLIC WELFARE OF THE INHABITANTS OF THE CITY OF CORPUS CHRISTI, DUE TO THE CONDITIONS AND INCREASE OF TRAFFIC ALONG SAID PORTION OF SAID STREET CREATES A PUBLIC EMERGENCY AND PUBLIC IMPERATIVE NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRO- DUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL; AND THE MAYOR HAVING DECLARED THAT SUCH PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST, AND 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 ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE 3RD DAY OF AUGUST, 1966. ATTEST: / X OR -THE CITY OF CORPUS CHRISTI, TEXAS ACTING CITY SECRETARY APPROVED AS TO LEGAL FORM THIS THE 3RD DA OF AUGU , 1966: CITY ATTORNE CORPUS CHRISTI, TEXAS DAY OF TE , 9 G ry 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; 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, DR i�.lr "1 THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: DR. MCIVER FURMAN JACK BLACKMON v_ U PATRICK J. DUNNE DR. P. JIMENEZ, JR. f C.Q KEN MCDAN I EL i� C RONNIE SIZEMORE I > WM. H. WALLACE THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: DR. MCIVER FURMAN JACK BLACKMON PATRICK J. DUNNE DR. P. JIMENEZ, JR. KEN MCDAN 1 EL _ _ (_ (,;.,,v�_ RONNIE 31ZEMORE WM. H. WALLACE i C .Q- `J