Loading...
HomeMy WebLinkAbout08311 ORD - 01/11/1967i • AN ORDINANCE APPROVING AND ADOPTING THE DIRECTOR OF PUBLIC WORKS WRITTEN STATEMENT AND REPORT OF THE ESTIMATES OF THE VARIOUS COSTS FOR STREET IMPROVEMENTS ON THE FOLLOWING STREETS IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS: 1. MAcARTHUR STREET FROM HORNE ROAD TO BURNET STREET; 2. ROSLYN FROM MAcARTHUR TO A POINT 125 FEET EAST OF THE EAST LINE OF MACARTHUR STREET; BURNET STREET FROM MAcARTHUR TO REYNOSAt- MARGUERITE STREET FROM HIGHWAY 286 TO 14TH STREET; AND 5. 14TH STREET FROM AGNES TO MARGUERITE STREET; 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; DETERMINING THE NECESSITY OF LEVYING AN ASSESS- MENT AGAINST SAID ABUTTING PROPERTY; ORDERING AND SETTING A HEARING TO BE HELD ON FEBRUARY 8, 1967, TO GIVE NOTICE OF SAID HEARING AS REQUIRED BY THE LAWS OF THE STATE OF TEXAS AND THE CHARTER OF CORPUS CHRISTI; AND DECLARING AN EMERGENCY. WHEREAS, THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, HERETOFORE ON THE 11TH DAY OF JANUARY, 19671 BY DULY ENACTED ORDINANCE DETERMINED THE NECESSITY FOR AND ORDERED THE IMPROVEMENT OF THE PORTION OF MAcARTHUR STREET FROM HORNE ROAD TO BURNET STREET; ROSLYN FROM MAcARTHUR TO A POINT 125 FEET EAST OF THE EAST LINE OF MAcARTHUR STREET; BURNET STREET FROM MAcARTHUR 1 TO REYNOSA; MARGUERITE STREET FROM HIGHWAY 286 TO 14TH STREET; AND 14TH STREET FROM AGNES TO MARGUERITE STREET, 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 JANUARY 11, 1967, ABOVE MENTIONED, AND AFTER HAVING ADVERTISED FOR AND RECEIVED BIDS ON THE CONSTRUC- TION 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, HAVING AWARDED A CONTRACT FOR THE CONSTRUCTION OF SAID IMPROVEMENTS TO 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 1967, A CONTRACT WITH , AND THE PERFORMANCE BOND REQUIRED BY SAID CONTRACT HAVING BEEN PROPERLY FURNISHED AND POSTED BY SAID . AND ACCEPTED BY SAID CITY COUNCIL 8311 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 STREETS TO BE IMPROVED, AND THE REAL AND TRUE OWNERS 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 IMPROVE- MENT OF THE AFORESAID STREETS, WITHIN THE LIMITS DEFINED, IS $56,908.37. THAT THE TOTAL ESTIMATED AMOUNT OF THE COST OF SAID IMPROVEMENTS TO THE FORE- GOING STREET PROPOSED TO BE ASSESSED AGAINST THE ABUTTING PROPERTY, AND THE REAL AND TRUE 0WNERS THEREOF IS $12,483.09, 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 $44,425.28; AND WEREAS, 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 THE FOLLOW- ING STREETS: 1. MACARTHUR STREET FROM HORNE ROAD TO BURNET STREET; 2. ROSLYN FROM MACARTHUR TO A POINT 125 FEET EAST OF THE EAST LINE OF MACARTHUR STREET; BURNET STREET FROM MACARTHUR TO REY NO SAS MARGUERITE STREET FROM HIGHWAY 286 TO 14TH STREET; AND 5. 14TH STREET FROM AGNES TO MARGUERITE STREET. ALSO SHOWN ARE THE NUMBER OF FRONT FEET OWNED BY EACH, THE DESCRIPTION OF THEIR PROPERTY, THE ASSESSMENT RATES IN SQUARE Alm LINEAL FEET, AND THE AMOUNT PROPOSED TO BE ASSESSED AGAINST EACH ABUTTING PROPERTY AND THE REAL AND TRUE OWNERS THEREOF. A SUMMARY OF THEASSESSMENT RATES, THE TOTAL AMOUNT OF ASSESS- MENTS AND THE TOTAL AMOUNT TO BE PAID BY THE CITY OF CORPUS CHRISTI IS AS FOLLOWS: THE ASSESSMENT RATES FOR THE IMPROVEMENTS TO THE FOREGOING STREETS, WITHIN THE LIMITS ABOVE DEINNED, IS AS FOLLOWS: MCARTHUR STREET, CURB, GUTTER AND PAVEMENT $8.26 PLF BURNET STREET, CURBS GUTTER AND PAVEMENT 4.71 PLF 14TH AND MARGUERITE STREETS, CURBS GUTTER AND PAVEMENT (ZONED R -1 OR R -2) 5.04 PLF 14TH AND MARGUERITE STREETS (OTHER THAN R -1 OR R -2) 6.17 PLF 14TH AND MARGUERITE STREETS, PAVEMENT ONLY 4.16 PLF SIDEWALK 0.37 PSF DRIVEWAY 0.85 PSF TOTAL ESTIMATED COST OF WHOLE IMPROVEMENTS WITHIN THE LIMITS DEFINED: $56,908.37 TOTAL AMOUNT TO BE PAID BY ABUTTING PROPERTY OWNERS 12 48 TOTAL COST TO CITY OF CORPUS CHRISTI T772-5.28 APPROVED: CITY MANAGER DIRECTOR OF PUBLIC WORKS -3- 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 MACARTHUR STREET FROM HORNE ROAD TO BURNET STREET; ROSLYN FROM MACARTHUR TO A POINT 125 FEET EAST OF THE EAST LINE OF MACARTHUR STREET; BURNET STREET FROM MAC1A'RTHUR TO REYNOSA; MARGUERITE STREET FROM HIGHWAY 286 TO 14TH STREET; AND 14TH STREET FROM AGNES TO MARGUERITE; 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 SIDEWALKS ON THE AFORESAID STREET; THE TOTAL ESTIMATED AMOUNT OF COST OF SAID IMPROVEMENTS ON SAID STREETS, WITHIN THE LIMITS DEFINED, PROPOSED TO BE PAID BY THE CITY OF CORPUS CHRISTI; AND THE NAME OF THE APPARENT OWNERS OF THE PROPERTY ABUITING 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 $56,908.37. THAT THE TOTAL ESTIMATED AMOUNT OF THE COST OF SAID IMPROVEMENTS TO THE FOREGOING STREETS PROPOSED TO BE ASSESSED AGAINST THE ABUTTING PROPERTY AND THE REAL AND TRUE OWNERS THEREOF, IS $12,483.09; 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 $44,425.28. 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 STEETS 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 11058 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- ' PRELIMINARY ASSESSMENT ROLL • CROCKETT HEIGHTS ANNEX B, 14th, MARGUERITE and BURNET STREET This project, number 220 -61 -69.11 calls for the improvement of these streets in the following manner: 1. McArthur Street from Horne Road to Burnet Street shall be excavated to a width and depth to permit the construction of compacted subgrade, 8" compacted caliche base and 1" Hot Mix Type "D" surface for a roadway width of 44' face to face of curb. 2. Roslyn and Burnet Street shall have the same base as McArthur, but a roadway width of 27' face to face of curb. 3. Marguerite and 14th Streets will have the same base as above streets, but shall have a width of 40' face to face of curb. All streets shall have concrete curb and gutter, 4' wide 4" thick rein- forced concrete sidewalks, except where 5' wide sidewalks are specified on the plans, and 6" thick reinforced concrete driveways as shown on the plans. The assessment rates have been calculated as follows: McArthur Street - Curb, Gutter & Pavement $8.26 per LF Burnet Street - Curb, Gutter & Pavement 4.71 per LF 14th and Marguerite Streets - Curb, Gutter & Pavement, Zoned R -1 or R -2 5.04 per LF 14th and Marguerite Streets - Other Than R -1 or R -2 6.17 per LF 14th and Marguerite Streets - Pavement Only 4.16 per LF Sidewalk 0.37 per SF Driveway 0.85 per SF Based on these rates, the distribution of the contract cost is as follows: Total Contract Cost $56,908.37 To be Paid by Carmelite Sisters - 7,071.76 Assessments Other Than Carmelite Sisters -5 411.33 City's Portion of Cost ,425.2 Sheet No. Crockett Heights Annex B, 14th an$ Marguerite Street Improvements and Burnet Street _ Construction as to plans & specifications Zoned & Used R -1 or R -2, C.G. & Pavement $ 5,04 Zoned & Used Other Than R -1 or R -2 p.l.f. $ 6.17 Fowco Construction Company Assessment Rate, Sidewalk per sq. ft. $ 0.37 Assessment Rate, Driveway per sq. ft. $ 0,85 Pavement only -Other than R -1 or R -2 �-, z.16 ITEM DESCRIPTION TOIL—IT NO. OWNER & PROPERTY DESCRIPTION QUANTITY OF AlfiCLMIT ASSESSED ASSESSMENT RATE AMOUNT ASSESSED MARGUERITE SEEET FROM HIGHWAY 286 TO 14th STFEET Beginning at Highway 2 - Northside 1. ABEL RUIZ ALI of Lot 6 & Part of Lots 7, 8, & 9, Block 16, Chamberlain 89.09 Lr 356.36 SF urb, Gutter & PvnrLL. idevalk 6.17 0.37 549.69 131.85 Addition, Zoned & Used Other Than R -1 or R =2, 100% Assessed $681.54 14th S reet END NORTE SIDE MARGUERITE STIEET FROM HIGHWAY 286 TO 14th S T at Highway 286 - Southside Beginning 2. JOSE M. SOLIS Lots 2,3,4, &5, Block 17, *40.0 LF Curb, Gutter & Pvm . 5.04 201.60 Chamberlain Addition, Zoned & 300.0 SF Sidewalk 0.37 111.00 Used R1 or R2, 100% Assessed -0- Driveway -0- 312.60 3. JACK PEDIGO Lots 6 & 7, Block 17, 50.0 LF urb, Gutter & Pvm . 5.04 252.00 Chamberlain Addition, Zoned & 160.0 SF idewalk 0.37 59.20 Used R -1 or R -2, 100% Assessed 100.68 SF Driveway - 10' 0.85 85.58 396.78 14th Street END MARGUERI STREET *Credit for existing improveme is � i i i I �Crockett Heights Annex B, 14th and Marguerite Street Improvem ents Sheet No. Fowco Construction Company Zoned & Used R -1 or R -2, C.G. & Pavement $ 5.04 Zoned & Used Other Than R -1 or P. -2 p.l.f. $ 6.17 Assessment Rate, Sidewalk per sq. ft.. $ 0.37 Assessment Rate, Driveway per sq. ft. $ 0.85 Pavement only -Other than R -1 or R -2 t 4.16 TEM DESCRIPTION TOTAL N0. OWNER & PROPERTY DESCRIPTION QUANTITY OF &140UNT ASSESSED ASSESSMENT RATE AMOUNT ASSESSED 14th STREET IROM MARGUERITE STREET TO AGNES S T g at Margueri e Street - Westside Beginni 4. ABEL RUIZ Lot 6 & Part of Lots 7, 8, &9, Block 16, Chamberlain Addition, 118.0 IF 472.0 SF Curb, Gutter & Pvmt. Sidewalk 6.17 0.37 728.06 174.64 Zoned & Used Other Than R -1 or R -2, 100% Assessed $902.70 14' Public Alley 5. B. W. BELL Part of Lot 5, Block 16, 70.68 IF Curb, Gutter & Pvmt. 6.17 436.10 Chamberlain Addition, Zoned & 282.72 SF idewalk 0.37 104.61 Used Other Than R -1 or R -2, 100% Assessed 540.71 AGNES SEHEET 14th STREET THOM MARGUEBI= STREET TO AGNES S - T Begi ring at 1 th treet - Eastside 6. ABEL RUIZ Lots 31 & 32, Block 15, 118.0 IF Curb, Gutter & Pvmt. 6.17 728.06 Chamberlain Addition, Zoned & -0- idewalk 0.37 -0- Used Other Than R -1 or R -2, 100% Assessed 726.06 7. TEX -tiTkR OIL COMPANY Lot 1, Block 15, Chamberlain 118.0 LF avement Only 4.16 490.88 Addition, Zoned & Used Other -0- Sidewalk 0.37 -0- Than R -1 or R -21 100% Assessed -O- Driveway 0.85 -0- 9G. A 1 r�S S T END 14th STREET I • `� Sheet No. jW 0.38 _ Street _ Crockett Heights Annex B, 14th_ and _Marguerite GILBERTO CAVAZOS Improvements and Burnet Street Zoned & Used R -1 or R -2, C. G. & Pavement $5.04 Lot 1, Block 10, Temple Additio Zoned & Used Other Than R -1 or R -2 p.l.f. $`6.17 Fowco Construction Company Assessment Rate, Sidewalk per sq. ft. $0.37 Assessment Rate Driveway per sq. ft. $0.85 Curb, Gutter & Pvm 4.71 Pavement only -Other than R -_ or R -2 44.16 (56.07) Burnet Street - R -1 or R -2 $4.71 TEM 373.80 SF Sidewalk DESCRIPTION I 82.99 `OTC NO. OWNER & PROPERTY DESCRIPTION QUANTITY ASSESSED OF ASSESSMENT RATE AMOUNT A "fOUTIT ASSESSED BURNET STREEr, FROM MCARTHUj STREET TO REYNOSP STREET at McArthur Street - Northeast Side Beginning 8. ALBERTO GOMEZ Lot 22, Block 4, Crockett Heigh s 90.0 LF urb, Gutter & Pvm . 4.71 233.99 Zoned & Used R -1 or R -2, 55.18% (49.68) Assessed 360.12 SF 3idewalk 0.37 73.52 307.51 (198.71) 9. LINO BERNAL Lot 1, Block 9, Temple Addition Zoned & Used R -1 or R -2, 60% Assessed 96.0 LF (57.60) 384.0 SF urb, Gutter Pvm idewalk 4.71 0.37 271.30 85.11 (230.04) 1 356.41 2M 20 GLAFIRO GOMEZ Lot 18, Block 10, Temple Additi n 93.45 LF Curb, Gutter & Pvm . 4.71 264.09 Zoned & Used R -1 or R -2, 60'. Assessed (56.07) 373.80 SF (224.28) Sidewalk 0.38 82.93 GILBERTO CAVAZOS Lot 1, Block 10, Temple Additio 93.45 IF Curb, Gutter & Pvm 4.71 264.09 Zoned & Used R -1 or R -2, 60% (56.07) Assessed 373.80 SF Sidewalk 0.38 82.99 (224.28) REYNOSA STREET END BURNET STREET Total C ntraet Price 856, 08.3- 11 be p id by Carmelite Sisters - 7,D71.76 Assessm nts other then Carmelite Sister - 5,+11-53 City's ortion of Cost I i (A) THE CITY OF CORPUS CHRISTI SHALL PAY THE WHOLE COST OF CONSTRUCTION1 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 W IOTH) 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 Z HEREOF. (B) THE PROPERTY ABUTTING UPON SAID STREETS, 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 BE, OF PAVEMENTS SIDEWALKS CURBS GUTTERS AND DRIVEWAYS IN FRONT OF THE RESPECTIVE PROPERTY 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 STREETS 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 PROVISIONS OF ARTICLE 1105B, VERNON'S ANNOTATED CIVIL STATUTES OF TEXAS. -5- 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 PAYABLE, RESPECTIVELY, ONE (1), TWO (2), THREE (3) AND FOUR (4) YEARS FROM AND AFTER THE DATE OF SUCH ACCEPTANCE AND BEARING INTEREST AT THE RATE OF FIVE PERCENT (5 %) 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 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 AND TRUE OWNERS AND ALL OWNING OR CLAIMING ANY INTEREST IN ANY PROPERTY ABUTTING UPON SAID PORTION OF SAID STREETS, 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 PRO- CEEDINGS 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 8TH DAY OF FEBRUARY, 1967, AT WHICH TIME ALL PERSONS, FIRMS, CORPORATIONS OR ESTATES, OWNING OR CLAIMING ANY SUCH ABUTTING PROPERTY, OR ANY INTEREST THEREIN, AND THEIR AGENTS OR ATTORNEYS, OR PERSONS INTERESTED INSAID 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 0 AND KEPT OPEN UNTIL ALL PERSONS EVIDENCE AND PROTESTS HAVE BEEN DULY HEARD AND THE CITY SECRETARY OF THE CITY OF CORPUS CHRISTIj TEXASo 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 HEARINGS AND SUCH NOTICE BY PUBLICATION SHALL BE VALID AND SUFFICIENT WITHOUT ANY FURTHER FORM OF NOTICEI 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; PROVIDEDy HOWEVER THAT THE SAID LIST 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 OWNING OR INTERESTED IN ANY MANNER IN ANY OF SAID ABUTTING PROPERTY ON SAID STREETS, 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 HEREIN — 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 STREETS 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 PORTION OF SAID STREETS 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 STREETS 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 OF ITS INTRODUCTION 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 //-"/Z DAY of JANUARY, 1967. ATTE - CIT SECRETARY MAYOR APPROVED AS T0/ EGAL FO THIS JJJ THE CITY OF CORPUS CHRISTI, TEXAS �ryDAY OF� JANUARY, 1967: CITY ATTO NEY • TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI TEXAS • COR/PU /S CHRISTI, TEXAS. -, O DAY OF 19 Cp 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 ✓// �j�� PATRICK J. DUNNE ✓ -Cf. '� DR. P. JIMENEZ, JR. ✓ „�:'l KEN MCDANIEL RONN I E S I ZEMORE /- WM. H. WALLACE�G��' -r THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: DR. MCIVER FURMAN JACK BLACKMON PATRICK J. DUNNE DR. P. JIMENEZ, JR. if /T KEN MCDANIEL RONNIE SIZEMORE t, WM. H. WALLACE � j