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HomeMy WebLinkAbout08217 ORD - 10/19/19661o/18/66 AN ORDINANCE CLOSING THE PUBLIC HEARING ON IMPROVEMENTS OF BRAWNER PARKWAY FROM CARROLL LANE TO DAKIN PLACE; WILLOW STREET FROM 150 FEET SOUTH OF HARRIS DRIVE TO THE SOUTH LANE OF BRAWNER PARKWAY, AND PECAN STREET FROM WILLOW STREET TO CARROLL LANE, AND FINDING AND DETERMINING THAT PRO- PERTY ABUTTING SAID STREETS WILL BE SPECIFICALLY BENE- FITTED AND ENHANCED IN VALUE IN EXCESS OF COST OF THE IMPROVEMENTS, AND LEVYING AN ASSESSMENT FOR PAYMENT; FIXING A CHARGE AND LIEN, PROVIDING FOR ASSIGNABLE CERTI- FICATES, THE MANNER AND TIME OF PAYMENT AND COLLECTION; AND DECLARING AN EMERGENCY. WHEREAS, THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS, BY DULY ENACTED ORDINANCE PASSED AND APPROVED ON SEPTEMBER 28, 1966, DETERMINED THE NECESSITY FOR, AND ORDERED THE IMPROVEMENT OF BRAWNER PARKWAY, FROM CARROLL LANE TO DAKIN PLACE, WILLOW STREET FROM 150 FEET SOUTH OF HARRIS DRIVE TO THE SOUTH LANE OF BRAWNER PARKWAY, AND PECAN STREET FROM WILLOW STREET TO CARROLL LANE, IN THE MANNER AND ACCORDING TO THE PLANS AND SPECI- FICATIONS HERETOFORE APPROVED AND ADOPTED BY THE CITY COUNCIL BY ORDINANCE DATED SEPTEMBER, 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, DID AWARD A CON- TRACT FOR THE CONSTRUCTION OF SAID IMPROVEMENTS TO FOWCO CONSTRUCTION COMPANY ON THEIR LOWEST AND MOST ADVANTAGEOUS BID AND SAID CONTRACT HAS BEEN HERETOFORE DULY EXECUTED BY SAID CITY OF CORPUS CHRISTI AND FOWCO CONSTRUCTION COMPANY AND IS DATED 1966, AND THE PERFORMANCE BOND REQUIRED BY SAID CONTRACT HAS BEEN PROPERLY FURNISHED BY SAID FOWCO CONSTRUCTION COMPANY AND ACCEPTED BY THE SAID CITY COUNCIL OF SAID CITY AS TO FORM AND AMOUNT AS REQUIRED BY THE CHARTER OF SAID CITY 82 k 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 BRAWNER PARKWAY, WILLOW STREET AND PECAN STREET, 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 STATEMENT 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 SEPTEMBER 28, 1966, DID DETERMINE THE NECESSITY OF LEVYING AN ASSESSMENT FOR THAT PORTION OF THE COST OF CONSTRUCTING SAID IMPROVEMENTS ON THE ABOVE NAMED STREETS, WITHIN THE LIMITS HEREIN DEFINED, TO BE PAID BY THE ABUTTING PROPERTY AND THE REAL AND TRUE OWNERS THEREOF, AND DID ORDER AND SET A HEARING TO BE HELD AT 3:00 O'CLOCK P.M. ON OCTOBER 19, 1966, IN THE COUNCIL CHAMBER OF THE CITY HALL OF CORPUS CHRISTI, TEXAS, FOR THE REAL AND TRUE OWNERS OF THE PRO- PERTY ABUTTING UPON SAID STREETS 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 PROCEEDINGS, OR CONTRACT, TO APPEAR AND BE HEARD IN PERSON OR BY COUNSEL AND OFFER EVIDENCE IN REFER- ENCE 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 STREETS, WITHIN THE LIMITS DEFINED, BY PUBLICATION IN THE CORPUS CHRISTI T,m ES, THE OFFICIAL NEWSPAPER OF THE CITY OF CORPUS CHRISTI, A NEWSPAPER PUBLISHED IN THE CITY OF CORPUS -2- CHRISTI, TEXAS, OF GENERAL CIRCULATION, SAID NOTICE TO BE PUBLISHED IN SAID NEWSPAPER AT LEAST THREE TIMES PRIOR TO THE DATE OF SAID HEARING, THE FIRST PUBLICATION OF WHICH IS TO BE 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 LEGISLATURE 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 PROVIDED 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 OTHERS CLAIMING, OWNING OR INTERESTED IN ANY MANNER IN ANY OF SAID ABUTTING PROPERTY ON SAID STREETS 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 OCTOBER 3, 1966, OCTOBER 10, 1966 AND OCTOBER 17, 1966, SAID NOTICE SO PUBLISHED BEING DIRECTED TO THE OWNERS OF PROPERTY ABUTTING UPON THE STREETS HEREINABOVE DESCRIBED; AND WHEREAS, AFTER DUE, REGULAR AND PROPER NOTICE THEREOF, ALL AS PROVIDED BY LAW AND THE CHARTER OF THE CITY OF CORPUS CHRISTI, SAID HEARING -3- OF WHICH NOTICE WAS GIVEN, WAS OPENED AND HELD ON OCTOBER 19, 1966, IN THE COUNCIL CHAMBER AT CITY HALL IN THE CITY OF CORPUS CHRISTI, TEXAS, IN ACCORDANCE WITH SAID ORDINANCE AND NOTICE, AT WHICH TIME AN OPPORTUNITY WAS GIVEN TO ALL SAID ABOVE MENTIONED PERSONS, FIRMS, CORPORATIONS AND ESTATES, THEIR AGENTS AND ATTORNEYS, TO BE HEARD AND TO OFFER EVIDENCE AS TO ALL MATTERS IN ACCORDANCE WITH SAID ORDINANCE AND NOTICE, AT WHICH TIME THE FOLLOWING APPEARED AND OFFERED THE FOLLOWING TESTIMONY: 1 __ THERE BEING NO FURTHER TESTIMONY OFFERED OR ANY FURTHER PARTIES APPEARING TO BE HEARD UPON PROPER MOTION, DULY SECONDED AND UNANIMOUSLY CARRIED, THE SAID HEARING WAS DECLARED CLOSED; AND WHEREAS, NO FURTHER PARTIES APPEARING AND NO FURTHER TESTIMONY BEING OFFERED AS TO THE SPECIAL BENEFITS IN RELATION TO THE ENHANCED VALUE OF SAID ABUTTING PROPERTY AS COMPARED TO COST OF THE IMPROVEMENTS OF SAID PORTION OF SAID STREETS 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 STREETS TO BE IMPROVED; AND WHEREAS, SAID CITY COUNCIL HAS HEARD EVIDENCE AS TO THE SPECIAL BENEFITS AND ENHANCED VALUE TO ACCRUE TO SAID ABUTTING PROPERTY, AND THE REAL AND TRUE OWNER OR OWNERS THEREOF, AS COMPARED WITH THE COST OF MAKING SAID IMPROVEMENTS ON SAID STREETS WITHIN THE LIMITS ABOVE DEFINED AND HAS HEARD ALL PARTIES APPEARING AND OFFERING TESTIMONY, TOGETHER WITH ALL PRO- TESTS AND OBJECTIONS RELATIVE TO SUCH MATTERS AND AS TO ANY ERRORS IN- VALIDITIES OR IRREGULARITIES IN ANY OF THE PROCEEDINGS AND CONTRACT FOR SAID IMPROVEMENTS, AND HAS GIVEN A FULL AND FAIR HEARING TO ALL PARTIES MAKING OR DESIRING TO MAKE ANY SUCH PROTEST, OBJECTION OR OFFER TESTIMONY AND HAS FULLY EXAMINED AND CONSIDERED ALL EVIDENCES MATTERS OBJECTIONS AND PROTESTS OFFERED AND BASED UPON SAID EVIDENCES TESTIMONY AND STATEMENTS, SAID CITY COUNCIL FINDS THAT EACH AND EVERY PARCEL OF PROPERTY ABUTTING UPON THE PORTION OF BRAWNER PARKWAY, WILLOW STREET AND PECAN STREET, WITHIN THE LIMITS TO BE IMPROVED AS HEREIN DEFINED WILL BE ENHANCED IN VALUE AND SPECIALLY BENEFITTED BY THE CONSTRUCTION OF SAID IMPROVEMENTS UPON THE SAID STREETS UPON WHICH SAID PROPERTY ABUTS IN AN AMOUNT IN EXCESS OF THE AMOUNT OF THE COST OF SAID IMPROVEMENTS PROPOSED TO BED AND AS HEREINBELOW ASSESSED AGAINST EACH AND EVERY SAID PARCEL OF ABUTTING PROPERTY, AND THE REAL AND TRUE OWNERS THEREOF, AND SAID CITY COUNCIL DID CONSIDER AND CORRECT ALL ERRORS INVALIDITIES OR DEFICIENCIES CALLED TO ITS ATTENTION AND DID FIND THAT ALL PROCEEDINGS AND CONTRACTS WERE PROPER AND IN ACCORDANCE WITH THE CHARTER OF SAID CITY AND THE LAWS OF THE STATE OF TEXAS UNDER WHICH THOSE -5- PROCEEDINGS WERE BEING HAD, AND THE PROCEEDINGS OF SAID CITY COUNCIL HERETOFORE HAD WITH REFERENCE TO SUCH IMPROVEMENTS, AND IN ALL RESPECTS TO BE VALID AND REGULAR; AND SAID CITY COUNCIL DID FURTHER FIND UPON SAID EVIDENCE THAT THE ASSESSMENTS HEREINBELOW MADE AND THE CHARGES HEREBY DECLARED AGAINST SAID ABUTTING PROPERTY ON SAID PORTION OF SAID BRAWNER PARKWAY, WILLOW STREET AND PECAN STREET, 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 PROPERTIES, 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 BUR- DENS IMPOSED THEREBY, AND THAT ALL OBJECTIONS AND PROTESTS SHOULD BE OVER- RULED AND DENIED: I 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 STREETS, 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 OBJECTIONS, WHETHER SPECIFICALLY MENTIONED OR NOT, SHALL BE, AND TOE 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 BRAWNER PARKWAY, WILLOW STREET AND PECAN STREET, 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, 10 5 , AND ARE IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, AND THE CHARTER 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 HERE - INABOVE DESCRIBED AND THE PERSONAL LIABILITY OF THE REAL AND TRUE OWNER OR OWNERS THEREOF, WHETHER NAMED OR CORRECTLY NAMED HEREIN OR NOT, HAVE BEEN IN ALL THINGS REGULARLY HAD AND PERFORMED IN COMPLIANCE WITH THE LAW, CHARTER PROVISIONS AND PROCEEDINGS OF THE SAID CITY COUNCIL. SECTION 3. THAT IN PURSUANCE OF SAID ORDINANCE, DULY ENACTED BY SAID CITY COUNCIL, AUTHORIZING AND ORDERING THE IMPROVEMENTS OF THE ABOVE DESCRIBED STREETS, WITHIN THE LIMITS DEFINED, AND IN PURSUANCE OF SAID PROCEEDINGS HERETOFORE HAD AND ENACTED BY SAID CITY COUNCIL IN REFERENCE TO SAID IMPROVEMENTS AND BY VIRTUE OF THE POWERS VESTED IN SAID CITY WITH RESPECT TO SAID STREET IMPROVEMENTS BY THE LAWS OF THE STATE OF TEXAS AND THE CHARTER OF SAID.CITY, WITH PARTICULAR REFERENCE TO CHAPTER lob OF THE s ACTS OF THE FIRST CALLED SESSION OF THE 40TH LEGISLATURE OF THE STATE OF TEXAS, KNOWN AND SHOWN AS ARTICLE 11058 OF VERNON'S ANNOTATED CIVIL STATUTES OF TEXAS, AS AMENDED, THERE SHALL BE, AND IS HEREBY LEVIED, ASSESSED AND TAXED AGAINST THE RESPECTIVE PARCELS OF PROPERTY ABUTTING UPON SAID PORTION OF SAID STREET, AND AGAINST THE REAL AND TRUE OWNERS THEREOF, WHETHER SUCH REAL AND TRUE OWNER OR OWNERS BE -NAMED OR CORRECTLY NAMED HEREIN OR NOT, THE SEVERAL SUMS OF MONEY HEREINBELOW 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:, .. -7- 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,BRAWNER PARKWAY, WILLOW STREET AND PECAN STREET, ALL CERTIFICATES HEREINAFTER PROVIDED FOR, ISSUED TO EVIDENCE SAID ASSESSMENTS AGAINST SAID PARCELS OF PROPERTY ABUTTING UPON SAID STREETS, AND THE REAL AND TRUE OWNER OR OWNERS THEREOF, SHALL BE ISSUED IN ACCORD- ANCE 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 114CREASE BE CAUSED BY AN EXCESS OF.FRONT FOOTAGE OVER THE AMOUNT HERE - INABOVE 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 STREETS, AND THE FINDINGS OF THE DIRECTOR OF PUBLIC WORKS SHALL BE FINAL AND BINDING UPON ALL PARTIES CONCERNED. SECTION 5. THAT THE SEVERAL SUMS MENTIONED ABOVE IN SECTION 3 HEREOF ASSESSED AGAINST SAID PARCELS OF PROPERTY ABUTTING ON THE PORTION OF BRAWNER PARKWAY,•WILLOW STREET AND PECAN STREET, WITHIN THE LIMITS DEFINED, AND THE REAL AND TRUE OWNERS THEREOF, WHETHER NAMED OR CORRECTLY NAMED HEREIN OR NOT, SUBJECT TO THE PROVISIONS OF SECTION 4 HEREOF, TO- GETHER 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 COUNCIL, TO -WIT: OCTOBER 79, 7966, 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 CON- STITUTE 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 SO ASSESSED SHALL BE PAYABLE, AS FOLLOWS, TO -WIT: SIXTY (60) EQUAL MONTHLY INSTALL- MENTS, THE FIRST OF WHICH WILL BE PAYABLE ON OR BEFORE TWENTY (20) DAYS AFTER THE COMPLETION OF SAID IMPROVEMENTS TO THE STREETS 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 PRO- VIDED, 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, SHALL, AT THE OPTION OF FOWCO CONSTRUCTION COMPANY, THEIR SUCCESSORS -9- OR ASSIGNS, BE, AND BECOME IMMEDIATELY DUE AND PAYABLE AND SHALL BE COLLECTIBLE TOGETHER WITH REASONABLE ATTORNEY'S FEES AND ALL COSTS AND EXPENSES OF COLLEC- TION, 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 FOWCO CONSTRUCTION COMPANY SHALL LOOK SOLELY TO SUCH PROPERTY AND THE REAL AND TRUE OWNER OR OWNERS THEREOF, FOR THE PAYMENT OF THE SUMS VALIDLY ASSESSED AGAINST SAID RESPECTIVE PARCELS OF PROPERTY, BUT SAID CITY SHALL BE OBLIGATED TO FURNISH FOWCO CONSTRUCTION COMPANY VALID ASSESSMENTS AND ASSESSMENT CERTIFICATES AND SHALL EXERCISE ALL OF ITS LAWFUL POWERS AND AID IN THE ENFORCEMENT AND COLLECTION OF SAID LIENS AND ASSESSMENTS; AND IF DEFAULT SHALL BE MADE IN THE PAYMENT OF ANY OF SAID SUMS HEREIN ASSESSED AGAINST THE SAID PARCELS OF PROPERTY, AND THE REAL AND TRUE OWNER OR OWNERS THEREOF, COLLECTION THEREOF SHALL BE ENFORCED AT THE OPTION OF FOWCO CONSTRUCTION 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 CITY FOR THE SALE OF PROPERTY FOR THE COLLECTION OF AD VALOREM TAXES. SECTION 7. THAT FOR THE PURPOSE OF EVIDENCING SAID ASSESSMENTS, THE LIENS SECURING SAME AND THE SEVERAL SUMS ASSESSED AGAINST THE SAID PAR- CELS OF PROPERTY AND THE REAL AND TRUE OWNER OR OWNERS THEREOF AND THE TIME AND TERMS OF PAYMENT, AND TO AID IN THE ENFORCEMENT THEREOF, ASSIGNABLE CERTIFICATES SHALL BE ISSUED BY THE CITY OF CORPUS CHRISTI, TEXAS TO FOWCO CONSTRUCTION COMPANY UPON THE COMPLETION OF SAID IMPROVE- MENTS IN SAID STREETS 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 CERTI- FICATES 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, im 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 SUFFICIENT AND NO ERROR OR MISTAKE IN DESCRIBING SUCH PROPERTY OR IN GIVING THE NAME OF ANY OWNER OR OWNERS, OR OTHERWISE, SHALL IN ANYWISE INVALIDATE OR IMPAIR THE ASSESSMENT LEVIED HEREBY OR THE CERTIFICATE ISSUED IN EVIDENCE THEREOF. THAT THE SAID CERTIFICATE SHALL FURTHER PROVIDE SUBSTANTIALLY THAT IF DEFAULT SHALL BE MADE IN THE PAYMENT OF ANY INSTALLMENT OF PRINCIPAL OR INTEREST WHEN DUE THEN AT THE OPTION OF FOWCO CONSTRUCTION COMPANY, THEIR SUCCESSORS OR ASSIGNS, OR THE HOLDER THEREOF, THE WHOLE OF SAID ASSESSMENT EVIDENCED THEREBY SHALL AT ONCE BECOME DUE AND PAYABLE, AND SHALL BE COLLECT- IBLE WITH REASONABLE ATTORNEY'S FEES AND ALL EXPENSES AND COSTS OF COLLECTION, IF INCURRED, AND SAID CERTIFICATE SHALL SET FOR 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: SEPTEMBER 28, 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 FOWCO CONSTRUCTION COMPANY, OR THEIR SUCCESSORS AND ASSIGNS, BY THE SALE OR THE PROPERTY THEREIN DESCRIBED IN THE MANNER PROVIDED FOR THE COLLECTION OF AD VALOREM TAXES AS ABOVE RECITED, OR BY SUIT IN ANY COURT HAVING JURISDICTION. THAT SAID CERTIFICATES SHALL FURTHER RECITE IN EFFECT THAT ALL THE PROCEEDINGS WITH REFERENCE TO MAKING SAID IMPROVEMENTS HAVE BEEN REGU- LARLY HAD IN COMPLIANCE WITH THE LAW AND CHARTER IN FORCE IN SAID CITY AND THE PROCEEDINGS OF SAID CITY COUNCIL OF SAID CITY, AND THAT ALL PRE- REQUISITES TO THE FIXING OF THE ASSESSMENT LIEN AGAINST THE PROPERTY THEREIN DESCRIBED, OR ATTEMPTED TO BE DESCRIBED AND THE PERSONAL LIABILITY OF THE REAL AND TRUE OWNER OR OWNERS THEREOF, EVIDENCED BY SUCH CERTIFICATES, HAVE BEEN REGULARLYDONE AND PERFORMED, WHICH RECITALS SHALL BE EVIDENCE OF ALL THE MATTERS AND FACTS SO RECITED AND NO FURTHER PROOF THEREOF SHALL BE RE- QUIRED IN ANY COURT. THAT ALL SAID CERTIFICATES MAY HAVE COUPONS ATTACHED THERETO IN EVIDENCE OF EACH OR ANY OF THE SEVERAL INSTALLMENTS THEREOF WHICH MAY BE SIGNED WITH THE FACSIMILE SIGNATURES OF THE MAYOR AND CITY SECRETARY. THAT SAID CERTIFICATES SHALL FURTHER PROVIDE IN EFFECT THAT THE CITY OF CORPUS CHRISTI, TEXAS SHALL EXERCISE ALL OF ITS LAWFUL POWERS1 WHEN REQUESTED $O TO DO BY THE HOLDER OF SAID CERTIFICATE,'TO AID IN THE ENFORCEMENT AND COLLECTION THEREOF, AND SAID CERTIFICATES MAY CONTAIN OTHER AND FURTHER RECITALS, PERTINENT AND APPROPRIATE 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 LIA- BILITY AND CHARGE AGAINST THE REAL AND TRUE OWNER OR OWNERS OF THE PROPERTY DESCRIBED, OR ATTEMPTED TO BE DESCRIBED, NOTWITHSTANDING SUCH OWNER OR OWNERS MAY NOT BE NAMED OR CORRECTLY NAMED AND ANY IRREGULARITY IN THE NAME OF THE PROPERTY OWNER, OR THE DESCRIPTION OF ANY PROPERTY OR THE AMOUNT dF ANY ASSESSMENT, OR I'N 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 CERTIFICATE ISSUED IN EVIDENCE THEREOF, MAY BE, BUT IS NOT REQUIRED TO BE, TO BE ENFORCEABLE AT ANY TIME CORRECTED BY THE SAID CITY COUNCIL OF THE CITY OF CORPUS CHRISTI. FURTHER THAT THE OMISSION OF SAID IMPROVEMENTS IN FRONT OF ANY PART OR PARCEL OF PROPERTY ABUTTING UPON THE AFOREMENTIONED STREETS 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 STREETS; AND THAT THE TOTAL AMOUNTS ASSESSED AGAINST THE RESPECTIVE PARCELS OF PROPERTY ABUTTING UPON SAID STREETS WITHIN -12- THE LIMITS HEREIN DEFINED, AND THE REAL AND TRUE OWNER OR OWNERS THEREOF, ARE THE SAME AS, OR LESS THAN, 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 THEREFOR, AND WITH THE TERMS POWERS AND PROVISIONS OF SAID CHAPTER 106 OF THE ACTS OF THE FIRST - CALLED SESSION OF THE BOTH LEGISLATURE OF THE STATE OF TEXAS, KNOWN AS ARTICLE 11058 OF VERNON'S ANNOTATED CIVIL STATUTES OF TEXAS AND THE CHARTER OF THE CITY OF CORPUS CHRISTI, TEXAS, UNDER WHICH TERMS, POWERS AND PROVISIONS SAID PROCEEDINGS, SAID IMPROVEMENTS AND ASSESSMENTS WERE HAD AND MADE BY SAID CITY COUNCIL. SECTION 9. THE FACT THAT THE ABOVE DESCRIBED STREETS HAVE BECOME AN IMPORTANT THOROUGHFARE AND THE FACT THAT THE PRESENT CONDITION, OF SAID STREETS, WITHIN THE LIMITS DEFINED, IS DANGEROUS TO THE HEALTH AND PUBLIC WELFARE OF THE INHABITANTS THEREOF CREATES A PUBLIC EMERGENCY AND AN IM- PERATIVE PUBLIC NECESSITY, REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION, AND THAT SAID ORDINANCE SHALL BE READ AT THREE SEVERAL MEET- INGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED THAT SUCH EMERGENCY AND NECESSITY EXISTS, AND HAVING REQUESTED THAT SAID CHARTER RULE BE SUSPENDED, AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT THIS ORDINANCE TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE DAY OF OCTOBER, 1966. ATTEST: CITY EC ETA Y APPROVED AS TO LEGAL FORM T DAY OF OCTOBER, 1966: CITY ATTO'RN rwo MAYOR THE CITY OF CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS DAY OF e- K , 19�. 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, MAYOR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: DR. MCIVER FURMAN JACK BLACKMON PATRICK J. DUNNE DR. P. JIMENEZ, JR. KEN MCDANIEL RONNIE SIZEMORE 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 MCDANIEL RONNIE SIZEMORE WM. H. WALLACE