HomeMy WebLinkAbout08202 ORD - 10/05/196610/3/66
AN ORDINANCE
CLOSING THE HEARIbGGIVEN TO THE REAL AND TRUE OWNERS
OF PROPERTY ABUTTING UPON WINTERS DRIVE, FROM HORNE
ROAD TO GREEN GROVE AND HOLLYWOOD TERRACE CONNECTION
TO WINTERS DRIVE, 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 AND OBJEC-
TIONS OFFERED, EXCEPT THE CHANGES REFLECTED HEREIN,
FINDING AND DETERMINING THAT THE PROPERTY ABUTTING UPON
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
WINTERS DRIVE, 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 AND TRUE OWNER THEREOF, PROVIDING FOR
THE ISSUANCE OF ASSIGNABLE CERTIFICATES UPON THE COMIPLETION
AND ACCEPTANCE OF SAID WORK, THE MANNER AND THE TIME OF PAY-
MENT AND PROVIDING THE MANNER AND METHOD OF COLLECTION OF
SAID ASSESSMENTS AND CERTIFICATES; AND DECLARING AN EMERGENCY.
WHEREAS, THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS, BY DULY ENACTED
ORDINANCE PASSED AND APPROVED ON AUGUST 31, 1966, DETERMINED THE NECESSITY FOR,
AND ORDERED THE IMPROVEMENT OF WINTERS DRIVE, FROM HORNE ROAD TO GREEN GROVE
AND HOLLYWOOD TERRACE CONNECTION TO WINTERS DRIVE, IN THE MANNER AND ACCORD-
ING TO THE PLANS AND SPECIFICATIONS HERETOFORE APPROVED AND ADOPTED BY THE
CITY COUNCIL BY ORDINANCE DATED AUGUST 31, 1966; A DULY EXECUTED NOTICE OF
SAID ORDINANCE HAVING BEEN FILED IN THE NAME OF SAID CITY WITH THE COUNTY
CLERK OF NUECES COUNTY, TEXAS; AND
WHEREAS, SAID CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS,
AFTER HAVING ADVERTISED FOR AND RECEIVED BIDS ON THE CONSTRUCTION OF SAID
IMPROVEMENTS FOR THE LENGTH OF TIME AND IN THE MANNER AND FORM AS REQUIRED
BY THE CHARTER OF SAID CITY AND THE LAWS OF THE STATE OF TEXAS, AND AFTER
HAVING DULY AND REGULARLY MADE APPROPRIATION OF FUNDS AVAILABLE FOR SUCH
PURPOSE TO COVER THE ESTIMATED COST OF SAID IMPROVEMENTS TO SAID CITY, ALL
AS PROVIDED BY THE CORPUS CHRISTI CITY CHARTER AND BY LAW, WILL AWARD A CON-
TRACT FOR THE CONSTRUCTION OF SAID IMPROVEMENTS TO ASPHALT PAVING COMPANY
ON THEIR LOWEST AND MOST ADVANTAGEOUS BID AND SAID CONTRACT WILL HEREAFTER
.BE DULY EXECUTED BY SAID CITY OF CORPUS CHRISTI AND ASPHALT PAVING COMPANY,
PROVIDED THAT THE PERFORMANCE BOND REQUIRED BY SAID CONTRACT HAS BEEN
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PROPERLY FURNISHED BY SAID ASPHALT PAVING COMPANY AND ACCEPTED BY THE SAID
CITY COUNCIL OF SAID CITY AS TO FORM AND AMOUNT AS REQUIRED BY THE CHARTER
OF SAID CITY AND THE LAWS OF THE STATE OF TEXAS; AND
WHEREAS, THE SAID CITY COUNCIL HAS CAUSED THE DIRECTOR OF PUBLIC
WORKS TO PREPARE AND FILE ESTIMATES OF THE COST OF SUCH IMPROVEMENTS AND
ESTIMATES OF THE AMOUNT PER FRONT FOOT PROPOSED TO BE ASSESSED AGAINST THE
PROPERTY ABUTTING UPON A PORTION OF WINTERS DRIVE, 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
BEEN RECEIVED, EXAMINED AND APPROVED BY SAID CITY COUNCIL; AND
WHEREAS, SAID CITY COUNCIL, BY DULY ENACTED ORDINANCE DATED
AUGUST 31, 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 HEAR-
ING TO BE HELD AT 3:00 O'CLOCK P.M. ON SEPTEMBER 21, 1966, IN THE COUNCIL
CHAMBER OF THE CITY HALL OF CORPUS CHRISTI, TEXAS, FOR THE REAL AND TRUE
OWNERS OF THE PROPERTY 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
AND AMOUNTS TO BE ASSESSED AGAINST EACH PARCEL OF ABUTTING PROPERTY AND THE
REAL AND TRUE OWNER OR OWNERS THEREOF, AND AS TO THE SPECIAL BENEFITS TO
ACCRUE TO SAID ABUTTING PROPERTY BY VIRTUE OF SAID IMPROVEMENTS, IF ANY, OR
CONCERNING ANY ERROR, INVALIDITY, IRREGULARITY OR DEFICIENCY IN ANY PROCEED-
INGS, OR CONTRACT, TO APPEAR AND BE HEARD IN PERSON OR BY COUNSEL AND OFFER
EVIDENCE IN REFERENCE TO SAID MATTERS; AND SAID CITY COUNCIL DID BY SAID
ORDINANCE ORDER AND DIRECT THE CITY SECRETARY TO GIVE NOTICE OF SAID HEARING
TO THE REAL AND TRUE OWNERS OF THE PROPERTY ABUTTING UPON SAID STREET, WITHIN
THE LIMITS DEFINED, BY PUBLICATION IN THE CORPUS CHRISTI TIMES, THE OFFICIAL
NEWSPAPER OF THE CITY OF CORPUS CHRISTI, A NEWSPAPER PUBLISHED IN THE CITY
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OF CORPUS CHRISTI, TEXAS, OF GENERAL CIRCULATION, SAID NOTICE HAVING BEEN
PUBLISHED IN SAID NEWSPAPER AT LEAST THREE TIMES PRIOR TO THE DATE OF SAID
HEARING, THE FIRST PUBLICATION OF WHICH WAS AT LEAST TEN (10) DAYS PRIOR
THERETO, ALL AS PROVIDED FOR IN ACCORDANCE WITH THE PROVISIONS OF SAID CITY
CHARTER AND OF CHAPTER 106 OF THE FIRST CALLED SESSION OF THE 40TH LEGISLA-
TURE OF THE STATE OF TEXAS, KNOWN AND SHOWN AS ARTICLE 11058, VERNON'S ANNOTATED
CIVIL STATUTES OF TEXAS; AND
WHEREAS, SAID CITY COUNCIL DID FURTHER ORDER AND DIRECT SAID CITY
SECRETARY, IN ADDITION TO SAID PUBLISHED NOTICE AS AFORESAID, WHICH WAS PRO-
VIDED TO BE VALID AND SUFFICIENT IN ITSELF, TO KEEP ON FILE A COPY OF SAID
DIRECTOR OF PUBLIC WORKS' 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 CON-
CLUSIVE 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 OTHER CLAIMING, OWNING OR INTER-
ESTED 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
AND AS REQUIRED BY SAID ACTS AND CHARTER OF SAID CITY AS ABOVE IDENTIFIED,
WAS DULY GIVEN PUBLICATION OF SAME IN THE CORPUS CHRISTI TIMES, A NEWSPAPER
PUBLISHED IN THE CITY OF CORPUS CHRISTI, TEXAS, ON SEPTEMBER 6, 1966, SEP-
TEMBER 1Z, 1966, AND SEPTEMBER 19,.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 PRO-
VIDED BY LAW AND THE CHARTER OF THE CITY OF CORPUS CHRISTI, SAID HEARING OF
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WHICH NOTICE WAS GIVEN, WAS OPENED AND HELD ON SEPTEMBER 21, 1966, IN THE
COUNCIL CHAMBER AT CITY HALL IN THE CITY OF CORPUS CHRISTI, TEXAS, IN ACCORD -
I
ANCE WITH SAID ORDINANCE AND NOTICE, AT WHICH TIME AN OPPORTUNITY TO ALL MATTERS
IN ACCORDANCE WITH SAID ORDINANCE AND NOTICE, AT WHICH TIME THE FOLLOWING APPEARED
AND OFFERED THE FOLLOWING TESTIMONY:
' Mayor Furman announced the Council would deviate from the usual routine
of the Council Meeting and would now hold the scheduled public hearing on the
Assessments for the construction of the Winters Drive Street Improvements located
r
- rbetween Horne Road and Green Grove Drive, and Hollywood Terrace connection to
Winters Drive; explained that each member of the Council had been furnished with
a copy of the Preliminary Assessment Roll; and that Assistant City Attorney Tom
• McDowell would conduct the public hearing.
Mr. MaDowell'explained the purpose of the public hearing and stated that
the Staff would offer testimony from the City Engineer and evaluate testimony from
r a real estate appraiser to substantiate the assessments which appear or the Pre-
liminary Assessment Roll, and that the hearing was to form a basis on which the
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Minutes
Regular Council Meeting
September 21, 1966
Page 6
Council, acting as a legislative body, would determine or establish the assess-
ments on the abutting property owners.
a
Following Mr. McDowell's interrogation of Mr. James Lontos, City Engi-
neer and a determination that Mr. Lontos was a registered professional engineer;
is familiar with the proposed street improvements for Winters Drive; familiar
with the plans and specifications for this project, and that they were prepared by
personnel under his supervision; that the construction will be under his super-
vision; Mr. Lontos presented the plans for the street improvements; testified
> to the nature, extent and specifications of the proposed improvements; that this
project will consist of an excavation to a width and depth to permit the con-
struction of concrete curbs and gutters on a 6" subgrade, 8" compacted caliche
base and 1" hot mix surface, 4' wide, 4" thick reinforced concrete sidewalks and
6" thick reinforced City Standard driveways where specified; that the assessment
rates have been calculated according to the unit bid price applied to the cal-
culated quantities for the improvement abutting the property; that the total cost
of the improvements is $34,679.16 - the property owners assessment is $16,175.03
and the City's portion of the cost is $18,504.13; and explained that the manner in
' which such pro rata share was computed. Mr. Lontos further pointed out corrections
which have been made on the Assessment Roll, which in some instances had amounted
to an increase and in other instances the amount was reduced. 4
Mr. W. A. Roberts testified as to his background and experience which
he felt qualified him as a real estate appraiser for all types of properties in
this City; that he has held a real estate license for 15 years;testified that he
had personally viewed and understood the extent and specifications of the proposed
improvements; that he had personally viewed within the past week the preliminary
assessment roll and each of the properties to be assessed; and that in his opinion,
each of the properties so assessed as corrected would be enhanced in value at least
to the extent of the proposed assessment.
The following persons appeared in connection with the paving project:
Mr. Dave Coover appeared representing Mr. Reynaldo Sandavol, Lot 4, South
Addition (Item #1) and Serfino Martinez, Lot 5, W. 50' x226' out of Section "C"
Tract 1, Paisley Subdivision, (Item #2) and stated that Mr. Sandoval and Mr.
Martinez are men of very limited means, that they cannot pay for the improvements
Minutes
Regular Council Meeting
September 21, 1966
Page 7
and furthermore, they are not needed; that the street is mainly used by the resi-
dents on the street with no circulation of traffic from other streets, and that
a poll taken of the residents had indicated that prictically all had indicated
opposition for the reasons stated.
Mrs. Frank Addison, speaking for herself and her sister Marcella
(Item #3)
Champion, owner of Lot 2, Champion Addition /and Lot 1, Champion Addition (Item
#4) opposed the improvements on the basis that they have lived at this location
for 20 years and have managed without pavement; that there are very few children
in the area, and therefore sidewalks are not needed; and that they cannot afford
to pay the assessment.
Mr. Faires Wade appeared in connection with Lot 4, Champion Addition
(Item #5); Lot 3, Champion Addition (Item #6, and Lots 5 and 6, Champion Addition
No. 2 (Item #7), and stated that the owners could not pay for the assessments;
that in some instances it would necessitate losing their homes; that some of the
homes could not be sold for the amount of the assessment; that it would not
improve the property; and that this particular area does not need the paving.
Mr. Wade further stated that he is shown as a joint owner on two of the tracts,
and is selling the property under contract for deed.
Mr. Jesus Pena also appeared (Item #7) and concurred in the statements
of Mr. Wade.
A spokesman for Herbert F. Aduddell, Lot 1, Block 2, Browning Acres,
(Item #8) stated that he does not want the sidewalks but that he is in favor of
the street improvements.
Robert N. Radtke, Bishop of the Church of Jesus Christi Latter Day Saints,
all of Block "A ", Winters Subdivision (Items, #11 and #17), the largest land owner
involved, appeared and strongly supported the proposed improvements, stating that
the street in its present condition is a "disgrace" and badly in need of improve-
ment; that plans to enlarge the church are to be completed by October 16, that
these plans had been made on the assumption that this project will be completed;
and that the projected plan for the church is that it will serve as a State Center
for church activities.
Minutes
Regular Council Meeting
September 21, 1966
Page 8
Mrs. Frank Jasso, Lot 17, Block 1, Christi Park #2, (Item #14), opposed
the improvements, stating that the street in question was not travelled extensively
and that constru:tion work in the area aggrevated the condition.
In answer to questions from the Council, Mr. Whitney stated that the
request had come from the Church of Jesus Christ of Latter Day Saints; that this
was the second request, and that members of the church were strongly urging that
the improvements be made.
No one else appeared to be heard in connection with the proposed street
improvements.
Motion by Blackmon, seconded by Dunne and passed that the hearing be closed.
Motion by Dunne, seconded by Blackmon and passed that decision on the
foregoing proposed paving assessments be tabled for further consideration at the
Workshop meeting next week.
THERE BEING NO FURTHER TESTIMONY OFFERED OR ANY FURTHER PARTIES
APPEARING TO BE HEARD, UPON PROPER MOT.ION,,a 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 VALUE 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 BENE-
FITS 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 IMPROVE-
MENTS 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 PRO-
TEST, 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 WINTERS DRIVE, WITHIN THE LIMITS TO BE
IMPROVED AS HEREIN DEFINED, WILL BE ENHANCED IN VALUE AND SPECIALLY BENEFITED
BY THE CONSTRUCTION OF SAID IMPROVEMENTS UPON THE SAID STREET UPON WHICH SAID
PROPERTY ABUTS, IN AN AMOUNT IN EXCESS OF THE AMOUNT OF THE COST OF SAID IM-
PROVEMENTS 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 DEFI-
CIENCIES 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 PROCEED-
INGS OF SAID CITY COUNCIL HERETOFORE HAD WITH REFERENCE TO SUCH IMPROVEMENTS,
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AND IN ALL RESPECTS TO BE VALID AND REGULAR; AND SAID CITY COUNCIL DID FURTHER
FIND UPON SAID EVIDENCE THAT THEASSESSMENTS HEREINBELOW MADE AND THE CHARGES
HEREBY DECLARED AGAINST SAID ABUTTING PROPERTY ON SAID PORTION OF SAID WINTERS
DRIVE, WITHIN THE LIMITS DEFINED, AND THE REAL AND TRUE OWNER OR OWNERS THEREOF,
ARE JUST AND EQUITABLE AND DID ADOPT THE RULE OF APPORTIONMENT SET OUT BELOW
AND THE DIVISION OF THE COST OF SAID IMPROVEMENTS BETWEEN SAID ABUTTING PRO-
PERTIES, AND THE REAL AND TRUE OWNER OR OWNERS THEREOF, AS JUST AND EQUITABLE,
AND AS PRODUCING SUBSTANTIAL EQUALITY CONSIDERING THE BENEFITS TO BE RECEIVED
AND THE BURDENS IMPOSED THEREBY, AND THAT ALL OBJECTIONS AND PROTESTS SHOULD
BE OVERRULED AND DENIED:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. THAT THERE BEING NO FURTHER PROTEST OR TESTIMONY FOR "
OR AGAINST SAID IMPROVEMENTS, SAID HEARING GRANTED TO THE REAL AND TRUE OWNERS
OF ABUTTING PROPERTY ON SAID STREET, WITHIN THE LIMITS ABOVE DEFINED, AND TO
ALL PERSONS, FIRMS, CORPORATIONS AND ESTATES,•OWNING OR CLAIMING SAME OR ANY
INTEREST THEREIN, BE AND THE SAME IS HEREBY CLOSED AND ALL PROTESTS AND OBJEC-
TIONS, 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 WINTERS DRIVE WITHIN THE LIMITS DEFINED, THAT THE SPECIAL BENEFITS
IN THE ENHANCED VALUE TO ACCRUE TO SAID PROPERTY AND THE REAL AND TRUE OWNER
OR OWNERS THEREOF, BY VIRTUE OF THE CONSTRUCTION OF SAID IMPROVEMENTS TO SAID
PORTION OF SAID STREET UPON WHICH SAID PROPERTY ABUTS, WILL BE IN EXCESS OF
THE AMOUNT OF THE COST OF SAID IMPROVEMENTS AS PROPOSED TO BE, AND AS HEREIN
ASSESSED AGAINST SAID ABUTTING PROPERTY AND THE REAL AND TRUE OWNERS THEREOF,
AND FINDS THAT THE APPORTIONMENT OF THE COST OF SAID IMPROVEMENTS, AND THAT,
ALL ASSESSMENTS 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
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PROVISIONS OF THE CITY OF CORPUS CHRISTI, TEXAS AND THAT THE PROCEEDINGS AND
CONTRACT HERETOFORE HAD WITH REFERENCE TO SAID IMPROVEMENTS ARE IN ALL RESPECTS
REGULAR, PROPER AND VALID AND THAT ALL PREREQUISITES TO THE FIXING OF THE
ASSESSMENT LIENS AGAINST SAID ABUTTING PROPERTIES, AS HEREINABOVE DESCRIBED
AND THE PERSONAL LIABILITY OF THE REAL AND TRUE OWNER OR OWNERS THEREOF, WHETHER
NAMED OR 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 ORDINANCES DULY ENACTED BY SAID
CITY COUNCILS AUTHORIZING AND ORDERING THE IMPROVEMENTS OF THE ABOVE DESCRIBED
STREETS, WITHIN THE LIMITS DEFINED; AND IN PURSUANCE OF SAID PROCEEDINGS HERE-
TOFORE 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 lO6 OF THE ACTS OF THE FIRST CALLED SESSION
OF THE MOTH LEGISLATURE OF THE STATE OF TEXAS KNOWN AND SHOWN AS ARTICLE 11058
OF VERNON'S ANNOTATED CIVIL STATUTES OF TEXAS, AS AMENDED,THERE SHALL BED AND
IS HEREBY LEVIED, ASSESSED AND TAXED AGAINST THE RESPECTIVE PARCELS OF PROPERTY
ABUTTING UPON SAID PORTION OF SAID STREET, AND AGAINST THE REAL AND TRUE OWNERS
THEREOF WHETHER SUCH REAL AND TRUE OWNER OR OWNERS BE NAMED OR CORRECTLY NAMED
HEREIN OR NOTE THE SEVERAL SUMS OF MONEY HEREINSELOW MENTIONED AND ITEMIZED
OPPOSITE THE DESCRIPTION OF THE RESPECTIVE PARCELS OF SAID PROPERTY, THE NUMBER
OF FRONT FEET OF EACH AND THE SEVERAL AMOUNTS ASSESSED AGAINST SAME AND THE
REAL AND TRUE OWNER OR OWNERS THEREOF, AND NAMES OF THE APPARENT OWNERS THEREOF,
ALL AS CORRECTED AND ADJUSTED BY SAID CITY COUNCIL, BEING AS FOLLOWS TO -WIT:
= x ,
i
FINAL
WINTERS DRIVE, FROM HORNE ROAD TO GREEN GROVE,
AND THE HOLLYWOOD TERRACE CONNECTION
I
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 dirveways 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.P.
Based on these calculations the total costs are as follows:
Total Contract Price $34,679.16
Property Owner's Assessment 15,339.77
City's Portion of Cost $192339.39
Final
Winters Drive from Horne Road to Green Grove _and_Hol�w od ._
Terrace Connection
34' wide Excavation, 6" Compacted subgrade,
8" Compacted Caliche Base, ' wide Concrete
Sidewalks & City Std. Driveways
ASPHALT PAVING COMPANY
n- tractorn
Sheet No.
Zoned & Used R -1 or R -2, C.G. & Pavement
Zoned & Used Other Than R -1 or R -2 p.l.f.
Assessment Rate, Sidewalk per sq. ft.
Assessment Rate, Driveway per sq. ft.
$ 5.74
$ -0-
$ 0.47
$ 1.17
TEM
DESCRIPTION
TOTAL
NO.
OWNER & PROPERTY DESCRIPTION
QUANTITY
ASSESSED
OF
ASSESSMENT
RATE
AMOUNT
AMOUNT
ASSESSED
WIM
(HORNE RO
ERS DRIVE
- WEST SIDE)
1.
REYNALDO SANDOVAL
Lot 4, South Addition, Zoned
& Used R -1 6o%
(59.29)
98.81 IF
237.14
Curb, Gutter,
& Pavement
Sidewalk
5.74
0.47
340.32
- .46
0
Driveway
1.17
-0-
51.
2.
SEFRINO MARTINEZ
Lot 5, W. 50' x 226' out of
Sec. "C" Tract 1, Paisley
Subdivision, Zoned & Used R -1
50. IF
152. SF
118.68 SF
Curb, Gutter,
& Pavement
Sidewalk
Driveway - 12'
5.74
o.47
1.17
287.00
71.44
138.66
97.10
3.
MARCELLA CHAMPION
Lot 2, Champion Addition,
Zoned & Used R -1
96.4 IF
342.40 SF.
Curb, Gutter,
& Pavement
Sidewalk
5.74
0.47
553.34
160.93
107.8 SF.
Driveway - 10.8'
1.17
126.13
4.
FRANK W. ADDISON
Lot 1, Champion Addition,
Zoned & Used R -1
96.4 IF
337.60 SF
118.68 -sF
Curb, Gutter,
& Pavement
Sidewalk
Driveway - 12'
5.74
0.47
1.17
553.34
158.67
138.86
0.
5-
FARIES P. WADE & BENITO WERRA
Lot 4, Champion Addition,
Zoned & Used R -1, No. 2
96.4 IF
345.60 SF
Curb, Gutter,
& Pavement
Sidewalk
5.74
0.47
1.17
553.34
162.43
117.80
100.68 SF
Driveway - 10'
33.57
6.
FARIES P. WADE
Lot 3, Champion Addition,
No. 2, Zoned & Used R -1
184.05 LF
688.20 SF
118.68 SF
Curb, Gutter,
& Pavement
Sidewalk
Driveway - 12'
5.74
o.47
1.17
1,056.45
323.45
138.86
T-516-76
Sheet No.
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 $ 5.74
Subgrade, " Compacted Caliche Base Zoned & Used Other Than R -1 or R -2 p.l.f. $ -0-
4' Wide Concrete Sidewalks & City Assessment Rate, Sidewalk per sq. ft. $ 0.47
titcE. lyriveways Assessment Rate, Driveway per sq. ft. $ 1.17
ASPHALT PAVING COMPANY
0. I OWNER & PROPERTY DESCRIPTION I QUANTITY
ASSESSED
13.
14.
15-
16.
17.
E. ALEX FRAUSTO
Lot 17, Block 1, Tropical2
Park, Zoned & Used R -1
63.26% Assessed
FRANK JASSO
Lot 17, Block 1, Christi Pk.
J2, Zoned & Used R -1
63.26% Assessed
FRANCISCO RIOS
Lot 17, Block 2, Christi Pk.
P, Zoned & Used R -1,
63.26% Assessed
BEVERLY D. RAND0 -PH
Lot 20, Block 2, Christi Pk.
Zoned & Used R -1
64.06% Assessed
DESCRIPTION
OF
ASSESSMENT
NESHI I STREET
(57.71)-IJ
-, Curb, Gutter,
281.32 81 & Pavement
Sidewalk
0 Driveway
(64.42)
101.84 IF Curb, Gutter,
(281.57) SF & Pavement
445.10 Sidewalk
0 Driveway
(64.34)
101.70 LF Curb, Gutter,
(281.57) & Pavement
445.10 SP Sidewalk
0 Driveway
(74.00) LP
115.51 Curb, Gutter,
& Pavement
296.00 I Sidewalk
CORPORATION of the PRESIDING
BISHOP, CHURCH of JUSUS CHRIST 147.83
of LATTER DAY SAINTS
Block "A" Winters Subd., Churc 680.16
Property, Used R -1 or R -2 0
DRIVE
NORTHWEST SIDE)
Curb, Gutter,
& Pavement
Sidewalk
Driveway
TOTAL
AMOUNT
RATE AMOUNT ASSESSED
5.74 I 331.26
0.47 132.22
1.17 -0-
5.74 369.77
0.47 132.34
1.17 1 -0-_
5.74 369.31
o.47 132.34
1.17
5.74 424.76
0.47 139.12
5.74 848.54
o.47 319.68
1.17 -0-
Sheet No.
Winters Drive from Horne Road to Green Grove and- Ho13y1aDoa —
Terrace Connection _
34' Wide Excavation, 6" Compacted Zoned & Used R -1 or R -2, C.G. & Pavement $ 5.74
Subgrade, 8" Compacted Caliche Base Zoned & Used Other Than R -1 or R -2 p.l.f. $ -0-
4' Wide Concrete Sidewalks & City Assessment Rate, Sidewalk per sq. ft. $ 0.47
Driveways Assessment Rate, Driveway per sq. ft. $ 1.17
ASPHALT PAVING COMPANY
Contractors
TEM
NO.
OWNER & PROPERTY DESCRIPTION
QUANTITY
ASSESSED
DESCRIPTION
OF
ASSESSMENT
RATE
AMOUNT
TOTAL
AMOUNT
ASSESSED
HOLLYW
D DRIVE
WINTERS S
- SOUTHEAST SIDE
18.
MERCANTILE NATIONAL BANK
Lot 9, Rushing Addition,
(56.33)
Zoned & Used R -1 or R -2
111.26
Curb, Gutter,
50.63% Assessed
(225.32) St
& Pavement
5.74
323.33
445.04 5
Sidewalk
0.47
105.90
0
Driveway
1.17
0
9.23
END HOLLIWOOD
DRIVE
TOTAL
CONTRACT PRICi
$34,679•
PROPERTY
OWNERS ASSESSMENT
15,339-77
CITY'S
PORTION
19,339•
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 TO
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 WINTERS DRIVE FROM HORNE ROAD TO GREEN GROVE
DRIVE AND HOLLYWOOD TERRACE CONNECTION TO WINTERS DRIVE, 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 INCREASE BE CAUSED BY AN EXCESS
OF FRONT FOOTAGE OVER THE AMOUNT HEREINABOVE STATED, SUCH ACTUAL COST AND
SUCH ACTUAL NUMBER OF FRONT FEET IF DIFFERENT FROM THE HEREINABOVE SHOWN
IN SECTION 3 HEREOF, TO BE DETERMINED BY THE DIRECTOR OF PUBLIC WORKS UPON
COMPLETION OF SAID WORK ON SAID STREET, AND THE FINDINGS OF THE DIRECTOR OF
PUBLIC WORKS SHALL BE FINAL AND BINDING UPON ALL PARTIES CONCERNED.
m1
SECTION 5. THAT THE SEVERAL SUMS MENTIONED ABOVE IN SECTION 3
HEREOF ASSESSED AGAINST SAID PARCELS OF PROPERTY ABUTTING ON THE PORTION OF
WINTERS DRIVE, WITHIN THE LIMITS DEFINED AND THE REAL AND TRUE OWNERS THEREOF
WHETHER NAMED OR CORRECTLY NAMED HEREIN OR NOTE SUBJECT TO THE PROVISIONS OF
SECTION 4 HEREOF, TOGETHER WITH INTEREST THEREON AT THE RATE OF FIVE PERCENT
(5 %) PER ANNUM WITH REASONABLE ATTORNEYS 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 COUNCILS TO -WIT:
AUGUST 31, 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 ENFORCEABLE CLAIM AGAINST THE PROPERTY ASSESSED AND SHALL BE A FIRST
AND PARAMOUNT LIEN SUPERIOR TO ALL OTHER LIENS, CLAIMS OR TITLE, EXCEPT FOR
LAWFUL AD VALOREM TAXES; AND THAT THE SAME $O 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 ACCEPTANCE, 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 ASSESSMENT, OR ANY INSTALLMENT THEREOF, BEFORE MATURITY,
BY PAYING PRINCIPAL AND ACCRUED INTEREST TO DATE OF SAID PAYMENT; AND PROVIDED,
FURTHER, THAT IF DEFAULT SHALL BE'MADE IN THE PAYMENT OF ANY-INSTALLMENT OF
PRINCIPAL OR INTEREST WHEN DUE, THEN'THE ENTIRE AMOUNT OF SAID ASSESSMENT
UPON WHICH SUCH DEFAULT IS MADE SHALLy AT THE OPTION OF ASPHALT PAVING COMPANY
-9-
THEIR SUCCESSORS OR ASSIGNS, BE, AND BECOME IMMEDIATELY DUE AND PAYABLE AND
SHALL BE COLLECTIBLE TOGETHER WITH REASONABLE ATTORNEYS FEES AND ALL COSTS
AND EXPENSES OF COLLECTION, IF INCURRED.
SECTION 6. THAT THE CITY OF CORPUS CHRISTI, TEXAS, SHALL NOT IN
ANY MANNER BE LIABLE FOR THE PAYMENT OF ANY SUMS HEREBY VALIDLY ASSESSED
AGAINST ANY ABUTTING PROPERTY, AND THE REAL AND TRUE OWNER OR OWNERS THEREOF,
BUT ASPHALT LAVING 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 ASPHALT PAVING 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 PRO-
PERTY, AND THE REAL AND TRUE OWNER OR OWNERS THEREOF, COLLECTION THEREOF SHALL
BE ENFORCED AT THE OPTION OF ASPHALT PAVING COMPANY, THEIR SUCCESSORS OR
ASSIGNS EITHER BY SUIT IN ANY COURT HAVING JURISDICTION OR BY SALE OF THE
PROPERTY ASSESSED AS NEARLY AS POSSIBLE IN THE MANNER AS MAY BE PROVIDED BY
LAW AND CHARTER IN FORCE IN SAID CITYFOR 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 PARCELS
OF PROPERTY AND THE REAL AND TRUE OWNER OR OWNERS THEREOF, AND THE TIME AND
TERMS OF PAYMENT, AND TO AID IN THE ENFORCEMENT THEREOF, ASSIGNABLE CERTIFI-
CATES SHALL BE ISSUED BY THE CITY OF CORPUS CHRISTI, TEXAS, TO ASPHALT PAVING
COMPANY UPON THE COMPLETION OF SAID IMPROVEMENTS IN SAID STREET AND ACCEPTANCE
THEREOF BY SAID CITY COUNCIL, WHICH CERTIFICATES SHALL BE EXECUTED BY THE
MAYOR IN THE NAME OF THE CITY, ATTESTED BY THE CITY SECRETARY WITH THE
CORPORATE SEAL OF SAID CITY, AND WHICH CERTIFICATES SHALL DECLARE THE AMOUNTS
OF SAID ASSESSMENTS AND THE TIMES AND TERMS THEREOF, THE RATE OF INTEREST
THEREON, THE DATE OF THE COMPLETION AND ACCEPTANCE OF THE IMPROVEMENTS FOR
WHICH THE CERTIFICATE IS ISSUED, AND SHALL CONTAIN THE NAMES OF THE APPARENT
TRUE OWNER OR OWNERS AS ACCURATELY AS POSSIBLE; AND THE DESCRIPTION OF THE
PROPERTY ASSESSED BY LOT AND BLOCK NUMBER, OR FRONT FOOT THEREOF, OR SUCH
OTHER DESCRIPTION AS MAY OTHERWISE IDENTIFY THE SAME, AND IF THE SAID PROPERTY
SHALL BE OWNED BY AN ESTATE OR FIRM, THEN TO SO STATE THE FACT SHALL BE SUF-
FICIENT 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 ASPHALT PAVING COMPANY, THEIR SUC-
CESSORS OR ASSIGNS, OR THE HOLDER THEREOF, THE WHOLE OF SAID ASSESSMENT
EVIDENCED THEREBY SHALL AT ONCE BECOI4E DUE AND PAYABLE, AND SHALL BE COLLECT-
IBLE WITH REASONABLE ATTORNEYS FEES AND ALL EXPENSES AND COSTS OF COLLECTION,
IF INCURRED, AND SAID CERTIFICATE SHALL SET FORTH AND EVIDENCE THE PERSONAL
LIABILITY OF THE REAL AND TRUE 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: AUGUST
31, 1966, AND SHALL PROVIDE IN EFFECT THAT IF DEFAULT SHALL BE MADE IN THE
PAYMENT THEREOF, THE SAME MAY BE ENFORCED, AT THE OPTION OF ASPHALT PAVING
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 PREREQUI-
SITES TO THE FIXING OF THE ASSESSMENT LIEN AGAINST THE PROPERTY THEREIN
DESCRIBED, OR ATTEMPTED TO BE DESCRIBED, AND THE PERSONAL LIABILITY OF THE
REAL AND TRUE OWNER OR OWNERS THEREOF, EVIDENCED BY SUCH CERTIFICATES, HAVE
�ID
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 SAID CERTIFICATES SHALL FURTHER PROVIDE IN EFFECT THAT THE
CITY OF CORPUS CHRISTI, TEXAS, SHALL EXERCISE ALL OF ITS LAWFUL POWERS, WHEN
REQUESTED $O TO DO BY THE HOLDER OF SAID CERTIFICATE, TO AID IN THE ENFORCE-
MENT AND COLLECTION THEREOF AND SAID CERTIFICATES MAY CONTAIN OTHER AND
FURTHER RECITALS, PERTINENT AND APPROPRIATE THERETO. IT SHALL NOT BE NECESSARY
THAT SAID CERTIFICATES SHALL BE IN THE EXACT FORM AS ABOVE SET FORTH, BUT THE
SUBSTANCE AND EFFECT THEREOF SHALL SUFFICE.
SECTION 8. THAT ALL SUCH ASSESSMENTS LEVIED ARE A PERSONAL LIABILITY
AND CHARGE AGAINST THE REAL AND TRUE OWNER OR OWNERS OF THE PROPERTY DESCRIBED
OR ATTEMPTED TO BE DESCRIBED, NOTWITHSTANDING SUCH OWNER OR OWNERS MAY NOT BE
NAMED OR CORRECTLY NAMED, AND ANY IRREGULARITY IN THE NAME OF THE PROPERTY
OWNERS OR THE DESCRIPTION OF ANY PROPERTY OR THE AMOUNT OF ANY ASSESSMENT
OR IN ANY OTHER MATTER OR THING SHALL NOT IN ANYWISE INVALIDATE OR IMPAIR ANY
ASSESSMENT LEVIED HEREBY OR ANY CERTIFICATE ISSUED, AND SUCH MISTAKE, OR
ERROR, INVALIDITY OR IRREGULARITY WHETHER IN SUCH ASSESSMENT OR IN THE CERTI-
FICATE ISSUED IN EVIDENCE THEREOF, MAY BE, BUT IS NOT REQUIRED 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 IMPROVEMENTS IN
FRONT OF ANY PART OR PARCEL OF PROPERTY ABUTTING UPON THE AFOREMENTIONED
STREET, WHICH IS EXEMPT FROM THE LIEN OF SAID ASSESSMENT, SHALL IN NO WISE
AFFECT OR IMPAIR THE VALIDITY OF ASSESSMENTS AGAINST THE OTHER PARCELS OF
PROPERTY ABUTTING UPON SAID STREET; AND THAT THE TOTAL AMOUNTS ASSESSED
AGAINST THE RESPECTIVE PARCELS OF PROPERTY ABUTTING UPON SAID STREETS WITH-
IN THE LIMITS HEREIN DEFINED, AND THE REAL AND TRUE OWNER OR OWNERS THEREOF,
ARE THE SAME AS, OR LESS THEN, THE ESTIMATE OF SAID ASSESSMENT PREPARED BY
THE DIRECTOR OF PUBLIC WORKS AND-APPROVED AND ADOPTED BY SAID CITY COUNCIL
AND ARE IN ACCORDANCE WITH THE PROCEEDINGS OF SAID CITY COUNCIL RELATIVE TO
SAID IMPROVEMENTS AND ASSESSMENTS THEREFORE AND WITH THE TERMS POWERS AND
-12-
PROVISIONS OF SAID CHAPTER 106 OF THE ACTS OF THE FIRST- CALLED SESSION OF
THE MOTH LEGISLATURE OF THE STATE OF TEXAS, KNOWN AS ARTICLE 1105B 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 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 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
TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS
ACCORDINGLY SO ORDAINED, THIS THE h)DAY of OCTOBER, 1966.
ATTEST:
C
A
CITY ECRETAI MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
APPROVED AS TO LEGAL FORM THIS
,3 DAY OF OCTOBER, 1966:
'�64 - " , _
CITY ATTORNEY
w
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
CORPUS CHRISTI, TEXAS
(- DAY OF
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE-
GOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR
THE SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR
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
COUNCILS 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,
MAYOR
THE CITY OF CORPUS CHRISTI} TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
DR. MCIVER FORMAN
JACK BLACKMON ✓
4 PATRICK J. DUNNE
DR. P. JIMENEZ, JR.
KEN MCDANIEL ✓
RONNIE SIZEMORE /✓
WM. H. WALLACE
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING
DR. MCIVER FURMAN
JACK BLACKMON
PATRICK J. DUNNE /
DR. P. JIMENEZ, JR./
KEN MCDANIEL
RONNIE SIZEMORE ✓
WM. H. WALLACE