HomeMy WebLinkAbout08363 ORD - 02/15/1967JKH:2 -10 -67
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AN ORDINANCE
CLOSING THE PUBLIC HEARING ON IMPROVEMENTS OF THE FOLLOWING
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 REYNOSA•
MARGUERITE STREET FROM HIGHWAY 28 TO 1 S EE AH
5. 1 TH STREET FROM AGNES TO MARGUERITE STREET,
AND FINDING AND DETERMINING THAT PROPERTY ABUTTING SAID
STREETS WILL BE SPECIFICALLY BENEFITTED AND ENHANCED IN
VALUE IN EXCESS OF COST OF THE IMPROVEMENTS, AND LEVYING AN
ASSESSMENT FOR PAYMENT; FIXING A CHARGE AND LIEN; PROVID-
ING FOR ASSIGNABLE CERTIFICATES, THE MANNER AND TIME OF
PAYMENT AND COLLECTION; AND DECLARING AN EMERGENCY.
WHEREAS, THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS,
BY DULY ENACTED ORDINANCE PASSED AND APPROVED ON JANUARY 11, 1967, DETER-
MINED THE NECESSITY FOR, AND ORDERED THE IMPROVEMENT 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
TO REYNOSA; MARGUERITE STREET FROM HIGHWAY 286 TO ATH STREET; AND 14TH
STREET FROM AGNES TO MARGUERITE STREET, IN THE MANNER AND ACCORDING TO
THE PLANS AND SPECIFICATIONS HERETOFORE APPROVED AND ADOPTED BY THE CITY
COUNCIL BY ORDINANCE DATED JANUARY 11, 1967, 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,
HAVING ADVERTISED FOR AND RECEIVED BIDS ON THE CONSTRUCTION OF SAID IMPROVE-
MENTS 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 CONTRACT 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 JANUARY ii, 1967, 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 AND THE
LAWS OF THE STATE OF TEXAS; AND
WHEREAS, THE SAIO 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 MACARTHUR STREET, ROSLYN, BURNET,
MARGUERITE STREET AND 111TH 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
JANUARY 11, 1967, 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 FEBRUARY 8, 1967, IN
THE COUNCIL CHAMBER OF THE CITY HALL OF CORPUS CHRISTI, TEXAS, FOR THE
REAL AND TRUE OWNERS OF THE PROPERTY 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 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 STREETS, 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 OF CORPUS CHRISTI,
TEXAS, OF GENERAL CIRCULATION, SAID NOTICE TO BE PUBLISHED IN SAID NEWS-
PAPER AT LEAST THREE TIMES PRIOR TO THE DATE OF SAID HEARING, THE FIRST
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PUBLICATION OF WHICH IS TO BE AT LEAST TEN 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 BOTH LEGISLATURE OF
THE STATE OF TEXAS, KNOWN AND SHOWN AS ARTICLE 1105B, 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 REQUIRE-
MENT 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 MAN-
NER BE CONCLUSIVE OF THE REAL AND TRUE OWNERS OR OF THE CORRECT DESCRIP-
TIONS 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 GIVEN PUBLICATION OF SAME IN THE CORPUS CHRISTI TIMES, A NEWSPAPER
PUBLISHED IN THE CITY OF CORPUS CHRISTI, TEXAS, ON JANUARY 231 1967)
JANUARY 30, 1967 AND FEBRUARY 6, 1967, 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
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Mi nutes
Regular Council Meeting
February 8, 1967
Page 6
St a ' application for the reason that additional information was needed for the Co cil's
judicious di Man of the zoning in question, and further stated that it w in Mrs. Stahl's
interest that action on a application be deferred, and asked tho a bring a plan of pro-
posed development.
In answer to a question from Counc' an nne, as to what development plans
Mr. Stahl has for use of the property, Stahl s ad that "I might put a shack on it and
go into the oil business ".
Mayor furman clared a recess before the scheduled public h ing on the proposed
street assI ants for improvement of Crockett Heights Annex 8, 14th, Margu ' e and
Street.
Mayor Furman reconvened the meeting and announced the Council would now hold
-the scheduled public hearing for 3:00 p.m., on the proposed assessments for improvements
of Crockett Heights Annex B, McArthur Street from Home Road to Burnet, on Roslyn from
McArthur to approximately 125' east and on Burnet from McArthur to Reynosa; explained
that all memebers of the Council were present and had been furnished with a Preliminary
Assessment Roll; and that Mr. Tom McDowell, Assistant City Attorney, would conduct the
public hearing.
Mr. McDowell explained the purpose of the public hearing and stated that the Staff
would offer testimony from the City Engineer and evaluation testimony from a real estate
appraiser to substantiate the assessments which appear on the Preliminary Assessment Roll,
and that the hearing was to form a basis on which the Council, acting as a legislative
body, would determine or establish the assessments on the abutting properties.
Mr. James K. Lontos, City Engineer, testified that he is employed by the City as
City Engineer; that the design and proposed improvements of the streets in question ore
under the supervision; that he is familiar with the plans and specifications which were
prepared under his supervision; explained the nature, character, extent, and specifications
of the proposed improvements; stated that the total cost of the project will be $56,908.37;
$7,071.76 to be paid by Carmelite Sisters; assessments other than Carmelite Sisters to be
0
Minutes
Regular Council Meeting
February 8, i967
Page 7
$5,483.97, ord.the City's portion of cost will be $44,152,64; and exp ined the manner in
-which such pro rata share was computed. Mr. Lantos further explained thbt'McArthur Street
From Home Road to Bumet Street will be bxcavated to a width `and depth to permit the con-
struction of compacted subgrade, 8" compacted coliche base and 1' Hot Mix Type "D"
surface for a roadway width of 44' face to face of curb; Roslyn and Bumet Street shol I have
the some base as McArthur, but a roadway width of 27' face to face of curb; and that
Marguerite and 14th Streets will have the some base as the foregoing streets, but will have
a width of 40' face to face of curb; that al l streets wi l l have concrete curb and gutter, 4'
wide of 4" thick reinforced concrete sidewalks, except where S' wide sidewalks are
specified on the plans, and 6" thick reinforced concrete driveways as shown on the plans.
Mr. Bill Roberts, testified as to his employment with the City of Corpus Christi as
Right of Way Coordinator; background and experience which he felt qualified him as a
real estate appraiser for all types of properties in this City; 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
would be enhanced in value at least to the extent of the proposed assessments.
Mayor Furman called the names of property owners' from the Assessment Roll, giving
each an opportunity to speak in favor or in opposition to his or her individual assessments
Items 81, 04, and 06, Abel Ruiz; Mr. Abel Ruiz appeared and stated that he does
not object to the proposed improvements but stated he is being assessed for more than he
has to pay for the improvements, Mr. Ruiz asked for clarification of proposed location of
driveways, and the cost of same, Mrs. Ruiz also appeared and asked for an explanation of
thr difference in the amounts assessed on their property and that of Jose M. Salts.
Mr. Lontas explained that the Ruiz Property is commercial and that the property of
Mr. Solis is residential.
Item $2, Jose M. Solis. Mr. Solis appeared and stated that he did not object to the
improvement of the street but stated that he did not know how he was going to pay for it,
Minutes
Regular Council Meeting
February 8, 1967
Page 8
and asked for information as to what terms the City would require for paying for the improve-
ments, and engaged into a lengthy discussion (in Spanish) as to the placement, specifications
and cost of driveways.
Mr. Lantos advised Mr. Solis that the assessments could be paid for by paying the whole
amount when the project is completed or pay over a 5 -year period at 5 per cent interest;
that the driveway problems could be worked out with the Engineering Department, and that
the Staff would be willing to go with him for an on- the -scene inspection of the property.
Item 05, B. W. Bell: Mr. Caladonia Tolento appeared and stated that he is now the
owner of the portion of Lot 5, Block 16, Chamberlain Addition, and stated that he does not
object to the proposed improvements but stated that he does not need the sidewalks as
proposed since he alrecAy has sidewalks.
Mr, Roberts stated that the existing sidewalks on Mr. Tolento's property are in very
bad condition and will have to be replaced; that the installation of curbs and gutters will
eliminate the existing head -in parking.
Item 811, Gilbert Cavazos: Mr. Gilbert Cavazos appeared and stated that he approves
of the improvements, but asked for an explanation as to what basis the assessment rates were
calculated on his property and osk0ed if the new sidewalks would be smooth.
Mr. Lantos explained that all new sidewalks will be constructed in conformity with
the engineering standards, and that they will be smooth,
No one else appeared in connection with the foregoing proposed street improvements.
Motion by McDaniel, seconded by Blackmon and passed that the hearing be closed.
Motion by Blackmon, seconded by Sizemore and passed that the proposed Assessments
on the improvement of Crockett Heights Annex B, 14th, Marguerite and Burnet Street, be
tabled for further consideration.
There being no further business to come before the Council, the meeting was adjourned.
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, INVALIDITES 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 ALUE 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
PROTESTS 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 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 MACARTHUR STREET, ROSLYN, BURNET STREET, MARGUERITE
STREET AND 14TH 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 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
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 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
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0 . 1 •
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 STREETS HEREINBEFORE
DESCRIBED, WITHIN THE LIMITS DEFINED, AND THE REAL AND TRUE OWNER OR
OWNERS THEREOF, ARE JUST AND EQUITABLE AND DID ADOPT THE RULE OF APPOR-
TIONMENT 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 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 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 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 MACARTHUR STREET, ROSLYN, BURNET STREET, MARGUERITE STREET
AND 14TH 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 114PROVEMENTS
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 PROVISIONS OF THE CITY OF
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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 ASSESS-
MENT 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 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 106 OF THE 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 BED
AND IS HEREBY LEVIED, ASSESSED AND TAXED AGAINST THE RESPECTIVE PARCELS
OF PROPERTY ABUTTING UPON SAID PORTION OF SAID STREETS, 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
HEREINBELOW MENTIONED AND ITEMIZED OPPOSITE THE DESCRIPTION OF THE
RESPECTIVE PARCELS OF SAID PROPERTY, THE NUMBER OF FRONT FEET OF EACH
AND THE SEVERALAMOUNTS 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:
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CORRECTED FINAL ASSESSMENT ROLL
CROCKETT HEIGHTS ANNEX B, 14th, MARG=TE 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 reinforced
concrete sidewalks, except where 5' wide sidewalks are specified on the plans,
and 6" thick reinforced concrete dirveways 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 IF
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 - 5,812.55
City's Portion of Cost $44,024.06
*'This figure is based on the assessment policy, but it is
estimated in accordance with the prepared agreement with
the Carmelite Sisters. The final sum will be calculated
at the time of completion of the project.
Sheet No. 1
Crockett Heights Annex B, 14th and Marguerite Street Improvements
and Burnet Street
Construction as to 'Plans & specifications
Fowco Construction Company
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
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 $4.16
ITEM
DESCRIPTION
TOTAL
NO.
OWNER & PROPERTY DESCRIPTION
QUANTITY
OF
AMOUNT
ASSESSED
ASSESSMENT
RATE
AMOUNT
ASSESSED
MARGUERITE sgREET
FROM Him
my 286 to 14th STREET
Beginning
at Highway
2 - Northside
1.
ABEL RUIZ
All of Lot 6 & Part of Lots 72
82 & 9, Block 16, Chamberlain
89.09 IF
316.36 SF
Curb, Gutter & Pvmt.
Sidewalk
6.17
0.37
549.69
117.05
Addition, Zoned & Used Other
100.60
Driveway 10'
0.85
85.51
Than R -1 or R -2, 100% Assessed
$752.25
14th 4reet
END NOR�TR
SIDE
MARGUERITE S
FR�I ffiGH41AY
286 to 14th STkEET
at Highway
286 - Southside
Beginning
2.
JOSE M. SOLIS
Lots 2,3,4, & 5, Block 17,
*4o.0 LF
Curb, Gutter & Pvmt.
5.04
201.60
Chamberlain Addition, Zoned &
260.0 SF
Sidewalk
0.37
96.20
Used R1 or R2, 100% Assessed
100.6 SF
Driveway
0.85
85.51
3.31
3.
OTTO DUKES
Lots 6 & 7, Block 17,
56.0 IF
Curb, Gutter & Pvmt
5.04
252.00
Chamberlain Addition, Zoned &
160.0 SF
Sidewalk
0.37
59.20
Used R -1 or R -2, 100% Assessed
100.6 SF
Driveway - 10'
0.85
85.51
39 •71
14th
treet
END MARGUERITE
STREET
*Credit for existing improvements
Sheet No. 2
Crosrkel_t Hoights Annex 13, 14th and Marguerite StTPEt._Improxements
Fowco Construction Company
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
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 4.16
ITEM
DESCRIPTION
TOTAL
NO.
OWNER & PROPERTY DESCRIPTION
QUANTITY
OF
AMOUNT
ASSESSED
ASSESSMENT
RATE
AMOUNT
ASSESSED
14th STREET
FROM MARGUERITE
STREET TO AGNES
TREET
Beginn
e
ng at Marguer
to Street - Westsi
4.
ABEL RUIz
Lot 6 & Part of Lots 7, 8, & 9
Block 16, Chamberlain Addition,
118.0 IF
472.0 SF
Curb, Gutter & PvmL
Sidewalk
6.17
0.37
728.06
174.64
Zoned & Used Other Than R -1 or
902.70
R -2, 100% Assessed
14' Publi
Alley
5.
B.W. BELL = CELANDONIA TOLENTO
Part of Lot 5, Block 16,
Chamberlain Addition, Zoned &
70.68 IF
282.72 SF
lurb, Gutter & Pvm
3idewalk
6:17
0.37
436.10
104.61
•71
Used Other Than R -1 or R -2,
100%i Assessed
AGNES S
14th STREET
FROM MARGUERITE
STREET TO AGNZS
STREET
Beginning
at 14th
Street - Eastside
6.
ABEL RUIZ
Lots 31 & 32, Block 15,
118.0 IF
Curb, Gutter & Pvnt
6.17
728.06
Chamberlain Addition, Zoned &
-0-
Sidewalk
0.37
-O-
728.06
Used Other Than R -1 or R -2,
100%i Assessed
7.
TEX -STAR OIL COMPANY
Lot 1, Block 15, Chamberlain
118.0 IF
Pavement Only
4.16
490.88
Addition, Zoned & Used Other
Than R -1 or R -2, 100% Assessed
-O-
-0-
Sidewalk
Driveway
0.37
0.85
-0-
-0-
90.
AGNES S6ZET
END 14th
_
STREET
Sheet No.
Crockett Heights Annex B, 14th and Marguerite Street
Improvements and Burnet Street
Fowco Construction Company
Zoned & Used R -1 or R -2, C.G. & Pavement $ 5.o4
Zoned & Used Other Than R -1 or R -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 4.16
Burnet Street - R -1 or R -2 4.71
11'E14
N0.
OYNER & PROPERTY DESCRIPTION
QUANTITY
DESCRIPTION
TOTAL
ASSESSED
OF
AMOUNT
ASSESSMENT
RATE
AMOUNT
ASSESSE
BURNET STREES
FROM MCARTHUI
STREET TO REYNO
STREET
BeginninE
Side
at McArthur ctreet
- Northeast
8.
ALBERTO G0MEZ
Lot 22, Block 4, Crockett Height
Zoned & Used R -1 or R -2, 55.18%
120.03 IF
(66.23)
Curb, Gutter & Pvrt.
4.71
311.94
Assessed
480.12 SF
Sidewalk
0.37
98.02
(264.92)
9.90
9.
LINO BERNAL
Lot 1, Block 9, Temple Addition
Zoned & Used R -1 or R -2, 60%
96.0 IF
(57.60)
Curb, Gutter &
t 4.71
271.30
Assessed
384.0 SF
Sidewalk
0.37
85.11
(230.04)
35 1
SARITA
10.
GLAFIRO GOMEZ
Lot 18, Block 10, Temple Addn.
93.45 IF
Curb, Cutter & Pvfft
4.71
264.09
Zoned & Used R -1 or R -2, 60%
(56.07)
Assessed
373.80 SF
Sidewalk
0.37
82.98
(224.28)
3 7.07
11.
GILBERTO CAVAZOS - REYNOSA &
BURNETT
Lot 1, Block 10, Temple Addn.
93.45 IF
Durb, Gutter & Pv=
4.71
264.09
Zoned & Used R -1 or R -2, 60%
(56.07)
Assessed 100'
301.80 SF
Sidewalk
0.37
67.00
(181.08)
204.0 SF
Driveway - 18"
0.85
173.40
504.49
(S
MEET)
END BUPJ17ET
STREET
Price
Total Contract
$56,908
37
* To be paid by Garmelite
Sisters
-7,071
76
Assessments other
than Carmel
to Sisters
-5,81-2.55
City's portion
of Cost
T4,024,06
See note on cov
r.
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 MACARTHUR STREET, ROSLYN, BURNET STREET,
MARGUERITE STREET AND 14TH 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 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 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
r
OF MACARTHUR STREET, ROSLYN, BURNET STREET, MARGUERITE STREET AND 14TH
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, TOGETHER WITH INTEREST THEREON AT THE RATE OF FIVE
PERCENT (59) 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: FEBRUARY 15, 19673 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 SO 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
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 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, SHALL, AT THE OPTION OF
FOWCO CONSTRUCTION COMPANY, THEIR SUCCESSORS OR ASSIGNS, BE, AND BECOME
-9-
IMMEDIATELY DUE AND PAYABLE AND SHALL BE COLLECTIBLE TOGETHER WITH REASON-
ABLE 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 PROPERTY3 AND THE REAL AND TRUE OWNER OR OWNERS THERE-
OF., BUT FOWCO CONSTRUCTION COMPANY SHALL LOOK SOLELY TO SUCH PROPERTY AND
THE REAL AND TRUE OWNER OR OWNERS THEREOF3 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
THEREOF3 COLLECTION THEREOF SHALL BE ENFORCED AT THE OPTION OF FOWCO CON-
STRUCTION 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 ASSESSMENTSO
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 PAYMENTS AND TO AID IN THE ENFORCEMENT THEREOF ASSIGN-
ABLE CERTIFICATES SHALL BE ISSUED BY THE CITY OF CORPUS CHRISTI, TEXAS,
TO FOWCO CONSTRUCTION COMPANY UPON THE COMPLETION OF SAID IMPROVEMENTS IN
SAID STREETS AND ACCEPTANCE THEREOF BY SAID CITY COUNCIL, WHICH CERTIFI-
CATES 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 15 ISSUEDp
510
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 514ALL 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 ATTORNEYS FEES AND ALL EXPENSES AND C05T5 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:
JANUARY 11, 19672 AND SHALL PROVIDE IN EFFECT THAT IF DEFAULT SHALL BE
MADE IN THE PAYMENT THEREOF, THE SAME MAY BE ENFORCEDS 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
ffm
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 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 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 POWERS,
WHEN REQUESTED SO 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 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 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 1O6 OF THE ACTS OF THE FIRST - CALLED SESSION OF THE
40TH 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
15TH DAY OF FEBRUARY, 1967.
ATTEST•
W
s
CITY SECRETA
APPROVED AS TO LEGAL FORM T S
_DAY OF FEBf VARY, 1967:
CITY ATTDRNnk
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
•
•
CORPUS CHRISTI, TEXAS
/i—DAY OF Y411-, , 191,7 .
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 vac
JACK BLACKMON
PATRICK J. DUNNE
DR. P. JIMENEZ, JR.
KEN MCDANIEL
RONNIE SIZEMORE
WM. H. WALLACE
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWI G VOTE:
DR. MCIVER FURMAN
JACK BLACKMON
PATRICK J. DUNNE
DR. P. JIMENEZ, JR
KEN MCDANIEL
RONNIE SIZEMORE
WM. H. WALLACE