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HomeMy WebLinkAbout08280 ORD - 12/21/1966AN ORDINANCE APPROVING AND ADOPTING THE DIRECTOR OF PUBLIC WORKS' WRITTEN STATEMENT AND REPORT OF THE ESTIMATES OF THE VARIOUS COSTS FOR THE IMPROVEMENTS OF THAT PORTION OF DODDRIDGE FROM STAPLES TO TOPEKA; DETERMINING AND FIXING THE PORTION OF SAID COSTS TO BE PAID BY AND ASSESSED AGAINST ABUTTING PROPERTY, THE PORTION THEREOF TO BE PAID BY THE CITY OF CORPUS CHRISTI, TEXAS; DETER- MINING THE NECESSITY OF LEVYING AN ASSESSMENT AGAINST SAID ABUTTING PROPERTY; ORDERING AND SETTING A HEARING TO BE HELD JANUARY 18, 1967, 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 21ST DAY OF DECEMBER, 1966, BY DULY ENACTED ORDINANCE DETERMINED THE NECESSITY FOR AND ORDERED THE IMPROVEMENT OF THE PORTION OF DODDRIDGE FROM STAPLES TO TOPEKA STREET, A DULY EXECUTED NOTICE OF SAID ORDINANCE HAVINGTHEREAFTER BEEN FILED IN THE NAME OF THE CITY WITH THE COUNTY CLERK OF NUECES COUNTY, TEXAS; AND WHEREAS, PURSUANT TO THE ORDINANCE OF DECEMBER 21, 1966, ABOVE MENTIONED, AND AFTER HAVING ADVERTISED FOR AND RECEIVED BIDS ON THE CON- STRUCTION OF SAID IMPROVEMENTSFOR 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, HAVING AWARDED A CONTRACT FOR THE CONSTRUCTION OF SAID IMPROVEMENTS TO KING CONSTRUCTION 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 LAW OF THE STATE OF TEXAS, DID EXECUTE HERETOFORE ON 1966, A CONTRACT WITH KING CONSTRUCTION COMPANY, AND THE PERFORMANCE BOND REQUIRED BY SAID CONTRACT HAVING BEEN PROPERLY FURNISHED AND POSTED BY SAID KING CONSTRUCTION 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 WHEREAS, THE SAID CITY COUNCIL HAS CAUSED THE DIRECTOR OF PUBLIC WORKS TO PREPARE AND FILE ESTIMATES OF THE COSTS OF SUCH IMPROVEMENTS AND ESTIMATES OF THE AMOUNT PER FRONT FOOT PROPOSED TO BE ASSESSED AGAINST THE PROPERTY ABUTTING SAID STREET TO BE IMPROVED, AND THE REAL AND TRUE OWNERS ma THEREOF, AND SAID DIRECTOR OF PUBLIC WORKS HAS HERETOFORE FILED SAID ESTI- MATES AND A STATEMENT OF OTHER MATTERS RELATING THERETO WITH SAID CITY COUNCIL, AND THE SAME HAVING BEEN RECEIVED AND EXAMINED BY SAID CITY COUNCIL; AND WHEREAS, IN ACCORDANCE WITH SAID STATEMENT OF ESTIMATES AND OTHER MATTERS PREPARED AND FILED BY SAID DIRECTOR OF PUBLIC WORKS HEREIN APPROVED BY SAID CITY COUNCIL, THE TOTAL ESTIMATED COST OF THE WHOLE IMPROVEMENT OF DODDRIDGE FROM STAPLES TO TOPEKA STREET IS $ 87,8Di.i D. 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 $ 4,925.18;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 $ 82,875.92; 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- Preliminary Assessment Roll Sheet No. Doddridae Street. from Topeka Street to South Staple -' _ KING CONSTRUCTION COMPANY Zoned & Used R -1 or R -2, C.G. & Pavement $ 6.26 Zoned -& Used Other Than R -1 or R -2 p.l.f. $ 10.52 Assessment Rate, Sidewalk per sq. ft. $ 0.38 Mo Assessment Rate, Driveway per sq. ft. $ 0.26 Sidewalk Edge Thickening C.L.F. ITEM DESCRIPTION TOTAL NO. OWNER & PROPERTY DESCRIPTION QUANTITY ASSESSED OF ASSESSMENT RATE AMOUNT AMOUNT ASSESSED DODDRIDGE STRE T From TO STREET To SOUTH 3TAPLES Topeka Street - North Side 1. ORVILLE B. MOON Lot 1, 22 & 11" of Lot 3, Blk. 817, Port Aransas Cliffs, Zoned R -1 or R -2 50% Assessed for G. G. & Pvmt• 125. IF 106.12 542.5 SF 125.0 Curb, Gutter & Pvm Driveway - 16' Sidewalk - 4' wide Edge Thickening 4.08 0.80 0.38 0.26 510.00 84.90 206.15 32.50 7933-55 ALAMEDA S=T 2. CHARLES GALLARD Lot 6, Hopper Addition #3, 100.0 LF Curb, Gutter & Pvm 1.08 108.00 25% Assessed 500.0 SF Sidewalk - 4' 0.10 50.00 of 50% 100.0 IF Edge Thickening 0.07 7.00 3. M1MORRIS E. WHITE Lot 5, Hopper Addition #3, 25% Assessed 120.35 IF 601.75 SF Curb, Gutter & Pvm Sidewalk - 5' wide . 1.08 0.10 129.98 60.18 of 50% 120.35 LF Edge Thickening 0.07 8.42 198.52 4. DR. C. CON= Lot 4, Hopper Addition #3, 100.0 IF Curb, Gutter & Pvm . 1.08 108.00 25% Assessed 500. SF Sidewalk - 4' 0.10 50.00 50% 100. LF Edge Thickening 0.07 7.00 165,00 5. CITY OF CORPUS CHRISTI POPE DRIVE Fi. CITY OF CORPUS CHRISTI END of SOUTH TAPLES STREET STREET ILUEDA - SOUTH SIDE 7. THE"VILLAGE - Mrs. Ruth Parr Sparks, at al. 50% Assessed- .Ourb, gutter and pavement 286.0 LF 1430.0 SF 286.0 IF b Curb, Gutter & Pvmb. Sidewalk Edge Thickening 7.07 0.38 0.26 2022.02 543.40 74. 6 2 39• Preliminary Assessment Roll � Sheet No. Doddridge Street, from Topeka Street to South Staples _ KING CONSTRUCTION COMPANY Zoned & Used R -1 or R -2, C.G. & Pavement $ 6.26 Zoned & Used Other Than R -1 or R -2 p.l.f. $ 10.52 Assessment Rate, Sidewalk per sq. ft. $ 0,38 Assessment Rate, Driveway per sq. ft. $ 0.80 Sidewalk Edge Thickening # 0.26 :TEM NO. OWNER & PROPERTY DESCRIPTION QUANTITY ASSESSED DESCRIPTION OF ASSESSMENT RATE AMOUNT TOTAL AMOUNT ASSESSED 20' Public Alley, 8. AGNES POPE BAYNES EST. Guaranty National Bank, Lots 107.50 LF Curb, Gutter & Pvm . 7.07 760.03 2 & 31 Blk. B -1, 50% Assessed, 430.00 SF Sidewalk 6.38 163.40 Zoned other than R -1 923.43 END ALAMEDA STREET T tal Contract Price $87 801.10 i T tal Property Owner's Assessment 4 925.18 City 9. Portion o Cost $821875.92 • 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 DODDRIDGE FROM STAPLES TO TOPEKA STREET; 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 NEW PAVEMENT, CURBS, GUTTERS, DRIVEWAYS AND SIDE- WALKS ON THE AFORESAID STREET; THE TOTAL ESTIMATED AMOUNT OF COST OF SAID IMPROVEMENTS ON SAID STREET, 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 STREETS, WITHIN THE LIMITS DEFINED, WITH THE NUMBER OF FRONT FEET OWNED BY EACH AND THE DESCRIPTION OF THE PROPERTY, AND OTHER MATTERS RELATIVE THERETO, HAVING BEEN RECEIVED AND EXAMINED BY THE CITY COUNCIL, SAID REPORT IS HEREBY IN ALL THINGS APPROVED AND ADOPTED. SECTION 2. THAT IT IS HEREBY FOUND AND DETERMINED THAT THE TOTAL ESTIMATED COST OF THE WHOLE IMPROVEMENT OF THE ABOVE NAMED STREET, WITHIN THE LIMITS ABOVE DEFINED, IS $87,801.10. 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 $4,925.18; 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 $82,875.92. 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 STREET WITHIN THE LIMITS ABOVE DEFINED, AND AGAINST THE REAL AND TRUE OWNERS THEREOF, IN ACCORDANCE WITH, AND IN THE MANNER PROVIDED BY, THE CHARTER OF THE CITY OF CORPUS CHRISTI, TEXAS, AND BY ARTICLE 11055 OF VERNON'S 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: -4- • December 21, 1966 TO: The Mayor and City Council FROM: Jack McDaniel, Director of Public Works SUBJECT: Doddridge Street Improvements, from Topeka Street to South Staples Street Herewith submitted are ownership rolls showing the apparent ownership of property abutting that portion of subject street being improved. Doddridge Street, from Topeka Street to South Alameda Street is to be reconstructed according to plans and specifications on file in the office of the City Engineer. Generally this portion sba11 be 57' wide pavement and a traffic median for a left turn lane, new concrete curbs and gutters and driveways where specified. From South Alameda Street to South Staples Street, the pave- ment width shall be generally 53', face to face of curb, with a 5" lime stabilized base, 9" compacted ca73che and a 2" type "D" asphaltic concrete surface, concrete curbs, gutters and sidewalks, all according to plans in the office of the City Engineer. These assessment rates are based on 80% of the unit bid price applied to the front footage being assessed. All rates on the assess- ment roll shows adjustments for existing improvements, side lots and lots backing up to street being improved. The assessment rates for the improvements of Doddridge Street within the above described limits are: Property Zoned and Used R -1 or R -2 Curb, Gutter and Pavement 6.26 PLF Sidewalk 0.38 PSF Driveway 0.80 PSF Edge Thickening 0.26 PLF Property Zoned and Used Other Than R -1 or R -2 Curb, Gutter and Pavement 10.52 PLF Sidewalk 0.38 PEF Driveway 0.80 PSF Edge Thickening 0.26 PLF Total Contract Bid Price 87,8o1.lo Total Amount Property Owners Assessments 4 925.18 Total Cost to City 2�8 7 APPROVED: City Manager (A) THE CITY OF CORPUS CHRISTI SHALL PAY THE WHOLE COST OF CONSTRUCTIONS 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 STREETS SAID COSTS BEING IN THE AMOUNTS AS HEREINBEFORE SET OUT IN SECTION 'L 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 CONSTRUCTIONS RECONSTRUCTION OR REPAIRING, AS THE CASE MAY BED OF PAVEMENT, SIDEWALKS CURBS GUTTERS AND DRIVEWAYS IN FRONT OF THE RESPECTIVE PROPERTY2 SAID COSTS 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, 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 FOR, THAT THE APPLICATION OF SUCH RULE OR PLAN WILL RESULT IN INEQUALITY OR INJUSTICE THEN SUCH RULE OF APPORTIONMENT SHALL BE APPLIED AS WILL IN THE JUDGMENT OF THE CITY COUNCIL PRODUCE 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 PROVISIONS OF ARTICLE 1105B, VERNON'S ANNOTATED CIVIL STATUTES OF TEXAS. -5- n • THAT THE AMOUNTS PAYABLE BY THE REAL AND TRUE OWNERS OF SAID ABUTTING PROPERTY SHALL BE PAID AND BECOME PAYABLE IN FIVE (5) EQUAL INSTALLMENTSy THE FIRST OF WHICH SHALL BE DUE AND PAYABLE TWENTY (20) DAYS AFTER THE DATE SAID IMPROVEMENTS ARE COMPLETED AND ACCEPTED BY THESAID CITY COUNCIL, AND THEREMAINING FOUR (4) INSTALLMENTS TO BE DUE AND PAYABLE RESPECTIVELY2 ONE (1), TWO (Z), THREE (3) AND FOUR (4) YEARS FROM AND AFTER THE DATE OF SUCH ACCEPTANCE AND BEARING INTEREST AT THE RATE OF FIVE PERCENT (5 %) PER ANNUM FROM SAID DATE OF ACCEP ANCE, 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 DUES 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 ASSESS- MENT UPON WHICH SUCH DEFAULT 15 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 ANDTRUE 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 18TH DAY OF JANUARY 1967, AT WHICH TIME ALL PERSONS FIRMS CORPORATIONS OR ESTATESO 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 BYCOUNSEL AND MAY OFFER EVIDENCE; AND SAID HEARING SHALL BE ADJOURNED FROM DAY TO DAY AND FROM TIME TO TIME -6- • L J 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 HEARINGS 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 1105B 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 LAWS 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 NOTICES SHALL MERELY BE CUMULATIVE OF AND IN ADDITION TO THE REQUIREMENTS OF SAID NOTICE AS PROVIDED BY THE LAWS OF THE STATE OF TEXAS AND THE CHARTER OF THE CITY OF CORPUS CHRISTI, TEXAS AND SHALL NOT IN ANY MANNER BE CONCLUSIVE OF THE REAL AND TRUE OWNERS OR OF THE CORRECT DESCRIPTIONS OF SAID ABUTTING PROPERTY NOR LIMIT SAID NOTICE TO THE PROPERTIES DESCRIBED OR TO SUCH APPARENT OWNERS NAMED THEREIN BUT SAID NOTICE SHALL NEVERTHELESS BE DIRECTED TO-THE REAL AND TRUE OWNERS OF SAID ABUTTING PROPERTY WHETHER NAMED OR CORRECTLY NAMED THEREIN OR NOTE AND TO ALL OTHERS CLAIMING, OWNING OR INTERESTED IN ANY MANNER IN ANY OF SAID ABUTTING PROPERTY ON SAID STREET WITHIN THE LIMITS ABOVE DEFINED. SECTION 5. THAT FOLLOWING SUCH HEARING AS ABOVE PROVIDED ASSESS- MENTS WILL BE LEVIED AGAINST SAID ABUTTING PROPERTY AND THE REAL AND TRUE OWNERS THEREOF FOR THAT PORTION OF THE COST OF SAID IMPROVEMENTS HEREI,N- ABOVE 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 -7- 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 NOT BE NECESSARY TO GIVE THE CORRECT NAME OF ANY SUCH OWNER, AND NO ERROR 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 ABUTTING PROPERTY SHALL BE LIABLE AND THE ASSESSMENT AGAINST SAID PROPERTY SHALL BE VALID WHETHER OR NOT SUCH OWNER BE NAMED OR CORRECTLY NAMED, OR SAID PROPERTY CORRECTLY DESCRIBED, SECTION 6. THE FACT THAT THE STREET WITHIN THE LIMITS ABOVE DEFINED IS BADLY IN NEED AT THIS TIME OF PERMANENT STREET IMPROVEMENTS, AND THE FURTHER FACT THAT THE PRESENT CONDITION OF SAID PORTION OF SAID STREET IS DANGEROUS TO THE HEALTH AND PUBLIC WELFARE OF THE INHABITANTS OF THE CITY OF CORPUS CHRISTI DUE TO THE CONDITIONS AND INCREASE OF TRAFFIC ALONG SAID PORTION OF SAID STREET CREATES A PUBLIC EMERGENCY AND PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE 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 SEVERAL MEETINGS OF THE CITY COUNCIL AND THE MAYOR HAVING DECLARED THAT SUCH 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 AV DAY OF 1��(7%/I37�2 _, 196L_• ATTES C I S C E ARY M OR APPROVED AS LEGAL FORM THIS THE CITY OF CORPUS CHRISTI, TEXAS DAY OF DECEMBER, 1966: CITY AT ORNEY • CORPUS CHRISTI TEXAS • lvlat DAY OF 192--e. TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE- GOING ORDINANCEo 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 VOTES DR. MCIVER FURMAN JACK BLACKMON QlifP/ PATRICK J. DU NNE DR. P. JIMENE Z, JR. �( ✓T� KEN MCDANIEL . 1 BONNIE SIZEMORE WM. H. WALLACE THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTER DR. MCIVER FURMAN . v JACK BLACKMON PATRICK J. DUNNE DR. P. JIMENEZ, JR. KEN MCDANIEL � RONNIE SIZEMORE WM. H. WALLACE