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Home My WebLink About08153 ORD - 08/31/1966s 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 A PORTION OF WINTERS DRIVE FROM HORNE ROAD TO GREEN GROVE DRIVE AND HOLLYWOOD TERRACE CONNECTION TO WINTERS DRIVE; DETERMINING AND FIXING THE PORTION OF SAID COSTS TO BE PAID BY AND ASSESSED AGAINST SAID ABUTTING PROPERTY, THE PORTION THEREOF TO BE PAID BY THE CITY OF CORPUS CHRISTI, DETERMINING THE NECESSITY OF LEVYING' AN ASSESSMENT AGAINST SAID ABUTTING PROPERTY; ORDERING AND SETTING A HEARING TO BE HELD ON SEPTEMBER 21, 1966, 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; AND DECLARING AN EMERGENCY. WHEREAS, THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, HERETOFORE ON THE 31ST DAY OF AUGUST, 1966, BY DULY ENACTED ORDINANCE DETERMINED THE NECESSITY FOR AND ORDERED THE IMPROVEMENT OF THE PORTION OF WINTERS DRIVE FROM HORNE ROAD TO GREEN GROVE DRIVE AND HOLLYWOOD TERRACE CONNECTION TO WINTERS DRIVE, 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 31, 1966, ABOVE MENTIONED, AND AFTER HAVING ADVERTISED FOR AND RECEIVED BIDS ON THE CONSTRUCTION OF SAID IMPROVEMENTS FOR THE LENGTH OF TIME AND IN THE MANNER ANDFORM 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 IMPROVEMENTS TO ASPHALT PAVING COMPANY, ON ITS LOWEST AND MOST ADVANTAGEOUS BID, AND 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 ASPHALT PAVING COMPANY, AND THE PERFORMANCE BOND REQUIRED BY SAID CONTRACT HAVING BEEN PROPERLY FURNISHED AND POSTED BY SAID ASPHALT PAVING COMPANY, 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 t WHEREAS, THE SAID CITY COUNCIL HAS CAUSED THE DIRECTOR OF PUBLIC WORKS TO PREPARE AND FILE ESTIMATES OF THE COSTS OF SUCH IMPROVEMENTS AND e 8�J�,y 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 THE SAID CITY COUNCIL, THE TOTAL ESTIMATED COST OF THE WHOLE IMPROVEMENTS �Y OF WINTERS DRIVE, WITHIN THE LIMITS HEREINABOVE DEFINED, IS $34,679.16. 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 THEREOF, IS $16,175.03; THE TOTAL ESTIMATED AMOUNT OF THE COST OF SAID IMPROVEMENTS TO THE FOREGOING STREET WITHIN THE LIMITS ABOVE DEFINED PROPOSED TO BE PAID BY THE CITY OF CORPUS CHRISTI IS $18,504.13; 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 THEREOF 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 OF ABUTTING PROPERTY ON THAT PORTION OF WINTERS DRIVE, FROM HORNE ROAD TO GREEN GROVE DRIVE, AND HOLLYWOOD TERRACE CONNEC- TION TO WINTERS DRIVE. ALSO SHOWN ARE THE NUMBER OF FRONT FEET OWNED BY EACH, THE DESCRIPTION OF THEIR PROPERTY, THEASSESSMENT RATES IN SQUARE AND 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 STREET, WITHIN THE LIMITS ABOVE DEINFED, ARE AS FOLLOWS: CURBS, GUTTERS AND PAVEMENT (FOR PROPERTY ZONED AND USED R -1 OR R -Z) PER LINEAL FOOT $ 5.174 SIDEWALK (PER SQUARE FOOT) .47 DRIVEWAY (PER SQUARE FOOT) 1.17 ALL OF THE PROPERTY ABUTTING THE PROPOSED IMPROVEMENTS WITHIN THE LIMITS DEFINED HEREIN ARE ZONED FOR RESIDENTIAL USE. TOTAL ESTIMATED COST OF WHOLE IMPROVEMENTS: $34,679.16 TOTAL AMOUNT TO BE ASSESSED 16 •O TOTAL COST TO THE CITY OF CORPUS CHRISTI $18,5o4.13 APPROVED: DIRECTOR OF PUBLIC WORKS HERBERT W. WHITNEY CITY MANAGER PRELIMINARY WINTERS DRIVE, FROM HORNE ROAD TO GREEN GROVE, AND THE HOLLYWOOD TERRACE CONNECTION This project, number 220- 61 -39, will consist of the following construc- tion as per plans and specifications; excavation to a width and depth to permit the construction of concrete curbs and gutters on a 6" sub- grade, 8" compacted caliche base and 1" hot mix surface, 4' wide, 4" thick reinforced concrete sidewalks and 6" thick reinforced City stand- ard driveways where specified. The assessment rates have been calculated according to the unit bid price applied to the calculated quantities for the improvement abutting the property, these rates are as follows: Property Zoned & Used R -1 or R -2 - C.G. & Pvmt. - $5.74 P.L.F. Sidewalk - 0.47 P.S.F. Driveway - 1.17 P.S.F. Based on these calculations the total costs are as follows: Total Contract Price $34,679.16 Property Owner's Assessment 16,175.03 City's Portion of Cost $18,504.13 PAELININARY �i• Shee Winters Drive from Horne Road to •Green [;rove and Hol_.l,wiood Terrace Connecti6n 34' wide Excavation, 6" Compacted subarade, Zoned & Used R -1 or R- 2,.C.G.. &'Pavement $ 5 -T4 8" Compacted Caliche Base, 4' wide Concrete Zone_d_& Used Other Than R -1 or R -2 p.l.f.$ -0- Sidewalks & City Std, Driveways. ASPHALT PAVING COMPANY Contractors • Assessment Rate. Sidewalk per so, ft. $ 0.47 Assessment Rate, Driveway per sq. ft. $ 1.17 ITEM DESCRIPTION TOTAL NO. OWNER & PROPERTY DESCRIPTION QUANTITY OF RATE AMDUNT AMOUNT ASSESSED 'ASSESSMENT / ASSESSED WINI RS DRIVE' (HORNE RO - WEST SIDE) 11. REYNALDO SANDOVAL Lot 4, South Addition, Zoned 91.81 LF Curb, Gutter, 5.74 526.99 & Used R -1 & Pavement 395.24 SF Sidewalk o.47 185.76 0 Driveway 1.17 -0- ' 2. SEFRINO MARTINEZ '- Lot 5, W. 50' x 226' out of Sec. "C" Tract 1, Paisley Subdivision, Zoned & Used R -1 50. IF 160. SF ]18.68 SF Curb, Gutter, & Pavement Sidewalk Driveway - 12' 5.74 0.47 1.17 287.00 75.20 138.86 01.0 3. MARCELLA CHAMPION Lot 2, Champion Addition, 96.4 LF Curb, Gutter, Zoned & Used R -1 & Pavement 5.74 553.34 345.60 sF Sidewalk 0.47 162.43 100.68 sF Driveway - 10' 1.17 117.80 33 -57, 4. FRANK W. ADDISON Lot 1, Champion Addition, 96.4 LF Curb, Gutter, Zoned & Used R -1 337.60 sF & Pavement Sidewalk 5.74 0.47 553.34 158.67 118.68 sF Driveway - 12' 1.17 138.86 ,. b 57 5. FARIES P. WADE & BENITO Lot 41 Champion Addition, 96.4 LF Curb, Gutter, 5.74 553.34 Zoned & Used R -1, No. 2 "' & Pavement o.47 162.43 345.60 SF 100.68 SF Sidewalk' • Driveway - 10' 1.17 117.80 33.5 - 6. FARIES P. WADE _ Lot 3, Champion Addition, 184.05 LF Curb, Gutter, No. 2, Zoned & Used R -1 688.20 SF 100.68 sF & Pavement Sidewalk Driveway - 10' 5,74 o.47 1.17 1,056.45 323.45 117.80• 1,497-70 ' PRELIMINARY Sheet 2 Winters Drive from Horne Road to-Green Grove and Hollywood Terrace Connection* 4' wide Excavation 6" Com cted Sub r dQ,' Zoned & Used R -1 or R- 2,.C.G..& Pavement $ x.,74 " Compacted Caliche Base, ' wide Concrete Sidewalks & City Std. Driveways. Zoned & Used Other Than R -1 or R -2 p.l.f_.$ -0- ASPHALT PAVING COMPANY Contractors Assessment Rate. Sidewalk per sa. ft. $ 0.47 Assessment Rate. Driveway per sq. ft. $ 1.17 ITEM 4eDESCRIPTION TOTAL NO. OWNER & PROPERTY DESCRIPTION QUANTITY OF RATE AMOUNT AMOUNT ASSESSED ASSESSMENT / ASSESSED 7. FARIES P. WADE & JESUS PENA Lots 5 & 6, Champion Addn., 110.0 IF Curb, Gutter, ' No. 2, Zoned & Used R -1 ^400.0 SF 100.68 SF & Pavement Sidewalk Driveway 5,74 0.47 1.17 631.40 188.00 117.80 .937.20- 8. HERBERT F. ADUDDELL . (67.67) LF Lot 1, Block 2, Browning Acres, Zoned•& Used R -1, 506 Assessed ' 135.34 IF (270.68) SF 541.36 SF 0 Curb, Gutter, & Pavement Sidewalk Driveway 5.74 0.47 1.17 388.43 127.18 -0- TGWNSK M STREET 15. . 9. LOUIS T. GARZA Lot 1, Block 1, Browning (67.67) IF 135.34 LF Curb, Gutter, ' Acres, Zoned & Used R -1, 5096 Assessed 7 (541.36)SF 0 & Pavement '. Sidewalk Driveway 5.47 0.47 1.17 388.43 127.18 -0- • 1 . ' 10. C.C. SPEED & ANTONIO JIMENEZ Lot 1, Block 2, Green Grove (50,0) IF 100.0 LF Curb, Gutter, Addition, Zoned & Used $ -1, 50% Assessed (200,0) SF 400.0 SF 0 & Pavement Sidewalk Driveway 5,74 0,47 1.17 287,00 94,00 -0- GREEN GR VE STREET 381.00• WINTE (HORNE ROAD IS DRIVE - EAST SIDE) 11. CORPORATION of the PRESIDING BISHOP of the CHURCH of JESUS 437.88 IF, Curb, Gutter, CHRIST of LATTER DAY SAINTS All Block "A ", Winters Subd., Church Property, Zoned R -1 1739.52 SF 238.68 SF & Pavement Sidewalk Driveway - 25' 5.�4 0, 7 1.17 2,513.43- 817.57 - 279.26• qO. 26 12. J. W. TAYLOR Lot 17, Block 2, Tropical 128.3 IF Curb, Gutter, Park, Zoned R -1 513.52 SP 0 & Pavement Sidewalk Driveway 5.74 0.47 1.17 736.44 241.35 -0- ____.._.�.� PRELIMINARY_ - Sheet 3 Winters Drive from Horne Road to Green Grove and Hollywood Terrace Connection 34' Wide Excavation, 6" Compacted Zoned & Used R -1 or R -2,. C.G_ .. &'Pavement $ 5.,7'4 Subgrade, 8" Compacted Caliche Base,' Zoned & Used Other Than R -1 or R -2 p.l.f.$ -0- 4' wide Concrete Sidewalks•& City Std. Driveway Assessment Rate Sidewalk per so. ft $ 0.47 Assessment Rate, Driveway per sq. ft. $ 1.17 ASPHALT PAVING COMPANY Contractors ITEM DESCRIPTION TOTAL NO. OWNER & PROPERTY DESCRIPTION QUANTITY OF RATE AMOUNT AMOUNT ASSESSED ASSESSMENT / ASSESSED NESBITT STREET 13. ANASTA E. PERRODIN (70,36) IF Lot 17, Block 1, Tropical 111.23 LF Curb, Gutter, Park, Zoned & Used R -1, 63.26% Assessed (284.62) SF 449.92 SF & Pavement Sidewalk 5,74 0.47 403.$7. 133.77• 0 Driveway 1.17 -0- 37. 14. FRANK SASSO (70.39) LF Lot 17, Block 1, Christi Pk. #2, Zoned & Used R -1, 11.275 LF (2 1.57) SF Curb, Gutter, & Pavement 5.7.4 404.04• 63.26% Assessed 445.10 SF Sidewalk 0.47 132.34• - 0 Driveway 1.17 -0- 3, TOWNS STREET 15. FRANCISCO RIOS (70.39) IF Lot 17, Block 2, Christi Pk. #2, Zoned & Used R -1, 111.27 LF (281.57 SF Curb, Gutter, & Pavement 5.74 1•}04.64• 63.26% Assessed 445,10 SF Sidewalk 0.47 132.34• 0 Driveway 1.17 -0- .. 3 , 16. BEVERLY D. RANDOLPH t (74.00) LF ' Lot 20, Block 2, Christi Pk., Zoned & Used R -1, 64.06% Assessed 115.51 LF (234.49) SF 366.04 SF 226.68 SF Curb, Gutter, & Pavement Sidewalk Driveway - 24' 5. T4. 0.47 1.17 424,76• 110.21 " 265.22• GREEN GROVE STREET - - EfID'VINTERg STREET HOLLYWOOD DRIVE WINTERS S T - NORTHWEST SIDE 17. CORPORATION of the PRESIDING ' BISHOP,XHURCH of JESUS CHRIST of LATTER DAY SAINTS Block "A" Winters Subd., Churc Property, Used R -1 or R -2 147.83 LF h 680.16 SF 0 Curb, Gutter, & Pavement Sidewalk Driveway 5,71E 0.47 1.17 848.54' 319.68 ' -0- 1,165.22 • Winters Drivd& from*Horne Road to Green Grove and Hollywood Sheet 4 Terrace onnec on• ,44' Wide F.xcavatinn� 6" rnm�arted Subgrade, S" Compacted Caliche Base, 4' wide Concrete Sidewalks.& City Std. Driveways ASPHALT PAVING COMPANY Contractors Zoned & Used R -1 or R -2, C'.G.. &'Pavement $.'5,74 Zoned & Used Other Than R -1 or R -2 D.1,f.$ -0- Assessment Rate. Sidewalk ner ea. ft. $ 0,47 Assessment Rate, Driveway per sq. ft. $ 1.17 ITEM NO. OWNER & PROPERTY DESCRIPTION QUANTITY ASSESSED DESCRIPTION OF ASSESSMENT RATE % AMOUNT TOTAL AMOUNT ASSESSED HOLLYWOOD DRIVE WINTERS STF0 T - SOUTHEAST SIDE) 18. RHEA H. BLOUNT Lot 9, Rushing Addition, (56.33) LF Zoned & Used R -1 or R -2, 111.26 LF Curb, Gutter, 50.63% Assessed (225.32) SF & Pavement 5.74 323.33' 445.04 SF Sidewalk 0.47 105.90• 0 Driveway 1.17 0 29.23 END HOI LYWOOD DRIVE TOTAL CONTRACT PRI E •34,679.16 PROPERTY OWNERS ASSESSIENT 1161175.03 CITY'S PORTION 1t5,5p� ; i 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 ESTI- MATED TOTAL COST OF THE WHOLE IMPROVEMENT OF SAID WINTERS DRIVE, WITHIN THE LIMITS ABOVE DEFINED; THE ESTIMATED AMOUNT PER SQUARE AND LINEAL FOOT TO BE ASSESSED AGAINST THE ABUTTING PROPERTY AND THE REAL AND TRUE OWNERS THEREOF FOR THE CONSTRUCTION OF PAVEMENT, CURBS, GUTTERS, DRIVEWAYS AND SIDEWALKS ON THE AFORESAID STREET; THE TOTAL ESTIMATED AMOUNT OF COST OF SAID IMPROVEMENTS ON STREET ABOVE DESCRIBED, WITHIN THE LIMITS DEFINED, PROPOSED TO BE PAID BY THE CITY OF CORPUS CHRISTI; AND THE NAME 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 Z. 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 $34,679.16. 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 THEREOF, IS $16,i75.03; 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 $18,504.13. 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 POR- TION 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 a i MANNER PROVIDED BY, THE CHARTER OF THE CITY OF CORPUS CHRISTI, TEXAS, AND BY ARTICLE 11058 OF VERNONtS ANNOTATED CIVIL STATUTES OF TEXAS, AND THAT THE TOTAL COST OF SAID IMPROVEMENTS SHALL BE AND ARE HEREBY APPORTIONED BETWEEN SAID PARTIES AND SHALL BE PAID AND DEFRAYED AS FOLLOWS: -3- (A) THE CITY OF CORPUS CHRISTI SHALL PAY THE WHOLE COST OF CONSTRUCTION, RECONSTRUCTION OR REPAIR OF THE CURBS, GUTTERS AND SIDEWALKS, WITHIN THE INTERSECTIONS OF SAID STREETS WITH OTHER STREETS AND ALLEYS AND SHALL PAY NOT LESS THAN ONE -TENTH (1/10TH) OF THE TOTAL REMAINING COST OF SAID IMPROVEMENTS ON SAID STREETS EXCLUSIVE OF THE COST OF THE CURBS, GUTTERS AND SIDEWALKS IN FRONT OF THE RESPECTIVE PROPERTIES ABUTTING UPON SAID STREET, 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 AND PARTICIPATE IN THE TOTAL COST OF CONSTRUCTION, RECONSTRUCTION OR REPAIRING AS THE CASE MAY BED OF PAVEMENT, SIDEWALKS, CURBS, GUTTERS AND DRIVEWAYS IN FRONT OF THE RESPECTIVE PROPERTY. SAID COSTS ARE TO BE AT THE RATE OF AND IN THE AMOUNTS AS SHOWN HEREINABOVE. 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 IMPROVED, PROVIDED THAT, IF IT SHALL APPEAR AT THE HEARING ON SPECIAL BENEFITS, HEREINAFTER PROVIDED FORS 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 SUBSTANTIAL JUSTICE AND EQUALITY BETWEEN RESPECTIVE PARCELS OF PROPERTY AND THE REAL AND TRUE OWNERS THEREOF, CONSIDERING THE SPECIAL BENEFITS IN 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 INSTALLMENTS, 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 PAY- ABLE, 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; PROVIDED 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 PAYMENT 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 BENEFITS TO SAID PROPERTY TO BE RECEIVED ,)FROM SAID IMPROVEMENTS, IF ANY, OR CONCERNING ANY ERROR, INVALIDITY IRREGULARITY OR DEFICIENCY IN ANY PROCEEDINGS 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 21ST DAY OF SEPTEMBER, 1966, AT WHICH TIME ALL PERSONS, FIRMS CORPORATIONS OR ESTATES -5- OWNING OR CLAIMING ANY SUCH ABUTTING PROPERTY, OR ANY INTEREST THEREIN, AND THEIR AGENTS OR 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 PERSONS, 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 HEARING, THE FIRST OF WHICH PUBLICATION 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 INCLUDE THEREIN THE LIST OF THE 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 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, OWN- ING OR INTERESTED IN ANY MANNER IN ANY OF SAID ABUTTING PROPERTY ON SAID STREETS WITHIN THE LIMITS ABOVE DEFINED. -6- SECTION 5. THAT FOLLOWING SUCH HEARING AS ABOVE PROVIDED, ASSESSMENTS 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 UNKNOWN, 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 R NOT BE NECESSARY TO GIVE THE CORRECT NAME OF ANY SUCH OWNER, AND NO ERROR a ' OR MISTAKE IN ATTEMPTING TO NAME ANY SUCH OWNER OR IN DESCRIBING ANY OF SAID PROPERTY SHALL INVALIDATE ANY ASSESSMENT OR CERTIFICATE ISSUED IN EVIDENCE THEREOF; BUT NEVERTHELESS THE REAL AND TRUE OWNER OF SAID ABUT- TING 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 ARE BADLY IN NEED AT THIS TIME OF PERMANENT STREET IMPROVEMENTS, AND THE FURTHER FACT THAT THE PRESENT CONDITION OF SAID PORTIONS 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 IT IS INTRO- DUCED 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 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 31sT DAY OF AUGUST, 1966. ATTEST: MAYOR THE CITY OF CORPUS CHRISTI, TEXAS CITY SECRETARY APPROVA AS TO LEGAL F M THIS 31st A GUS S STANT CITY ATT EY 1 CORPUS CHRISTI, TEXAS DAY OF agax ` '19 66 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, r MAYOR THE CITY OF CORPUS CHRISTI,, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: DR. MCIVER FORMAN JACK BLACKMON ./ I PL- PATRICK J. DUNNE ✓ DR. P. JIMENEZ, JR. KEN MCDANIEL BONNIE SIZEMORE WM. H. WALLACE V THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE* DR. MCIVER FURMAN JACK BLACKMON � / ✓� / PATRICK J. DU NNE V ////111 DR. P. JIMENEZ, JR. I/ / KEN MCDANIEL y RONNIE SIZEMORE WM. H. WALLACE / i