HomeMy WebLinkAbout08377 ORD - 03/08/19673/6/67
AN ORDINANCE
CLOSING THE PUBLIC HEARING ON IMPROVEMENTS OF OMAHA
DRIVE, FROM BALDWIN BOULEVARD TO STATE HIGHWAY d44,_
AND FINDING AND DETERMINING THAT PROPERTY ABUTTING
SAID STREET WILL BE SPECIFICALLY BENEFITTED AND EN-
HANCED IN VALUE IN EXCESS OF COST OF THE IMPROVEMENTS,
AND LEVYING AN ASSESSMENT FOR PAYMENT; FIXING A CHARGE
AND LIEN, PROVIDING FOR ASSIGNABLE CERTIFICATES, 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 FEBRUARY S, 1967, DETERMINED THE NECESSITY
FOR, AND ORDERED THE IMPROVEMENT OF OMAHA DRIVE, FROM BALDWIN BOULEVARD TO
.STATE HIGHWAY p44, IN THE MANNER AND ACCORDING TO THE PLANS AND SPECIFICA-
TIONS HERETOFORE APPROVED AND ADOPTED BY THE CITY COUNCIL BY ORDINANCE DATED
FEBRUARY S, 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,
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 HERETO-
FORE DULY EXECUTED BY SAID CITY OF CORPUS CHRISTI AND FOWCO CONSTRUCTION
COMPANY AND IS DATED JANUARY 25, 19671 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 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 OMAHA DRIVE, WITHIN THE LIMITS.HEREIN
Cya.DIO 9
DEFINED, TO BE IMPROVEDo AND THE REAL AND TRUE OWNERS THEREOF1 AND SAID
DIRECTOR OF PUBLIC WORKS HAS HERETOFORE FILED SAID ESTIMATES AND A STATEMENT
OF OTHER MATTERS RELATING THERETO WITH SAID CITY COUNCILS AND THE SAME HAS
BEEN RECEIVED, EXAMINED AND APPROVED BY SAID CITY COUNCIL; AND
WHEREAS SAID CITY COUNCILS BY DULY ENACTED ORDINANCE DATED
FEBRUARY S, 1967, DID DETERMINE THE NECESSITY OF LEVYING AN ASSESSMENT FOR THAT
PORTION OF THE COST OF CONSTRUCTING SAID IMPROVEMENTS ON THE ABOVE NAMED STREET
WITHIN THE LIMITS HEREIN DEFINED TO BE PAID BY THE ABUTTING PROPERTY AND THE
REAL AND TRUE OWNERS THEREOFj AND DID ORDER AND SET A HEARING TO BE HELD AT
3:00 O'CLOCK P.M. ON MARCH 1, 1967, IN THE COUNCIL CHAMBER OF THE CITY HALL
OF CORPUS CHRISTI TEXASo FOR THE REAL AND TRUE OWNERS OF THE PROPERTY ABUTTING
UPON SAID STREET WITHIN THE LIMITS ABOVE DEFINED AND FOR ALL OTHERS OWNING OR
CLAIMING ANY INTEREST INS 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 CONTRACTS TO APPEAR AND BE HEARD IN PERSON
OR BY COUNSEL AND OFFER EVIDENCE IN REFERENCE TO SAID MATTERS) AND SAID CITY
COUNCIL DID BY SAID ORDINANCE ORDER AND DIRECT THE CITY SECRETARY TO GIVE
NOTICE OF SAID HEARING TO THE REAL AND TRUE OWNERS OF THE PROPERTY ABUTTING
UPON SAID STREET, WITHIN THE LIMITS DEFINED BY PUBLICATION IN THE CORPUS
CHRISTI TIMES, THE OFFICIAL NEWSPAPER OF THE CITY OF CORPUS CHRISTI A NEWS-
PAPER PUBLISHED IN THE CITY OF CORPUS CHRISTI, TEXAS OF GENERAL CIRCULATION
SAID NOTICE TO BE PUBLISHED IN SAID NEWSPAPER AT LEAST THREE TIMES PRIOR TO
THE DATE OF SAID HEARINGS THE FIRST PUBLICATION OF WHICH IS TO BE AT LEAST
TEN (10) DAYS PRIOR THERETO, ALL AS PROVIDED FOR IN ACCORDANCE WITH THE PRO-
VISIONS 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
11056, VERNON'S ANNOTATED CIVIL STATUTES OF TEXAS AND
—2—
WHEREAS, SAID CITY COUNCIL DID FURTHER ORDER AND DIRECT SAID CITY
SECRETARY, IN ADDITION TO SAID PUBLISHED NOTICE AS AFORESAID, WHICH WAS PRO-
VIDED TO BE VALID AND SUFFICIENT IN ITSELF, TO KEEP ON FILE A COPY OF SAID
DIRECTOR OF PUBLIC WORKS' REPORT, AND INCLUDE THEREIN THE LIST OF NAMES OF
THE APPARENT OWNERS, AND THE DESCRIPTIONS OF SAID ABUTTING PROPERTY AS SET
OUT IN SAID DIRECTOR OF PUBLIC WORKS' REPORT, PROVIDED, HOWEVER, THAT THE
SAID LIST OF APPARENT OWNERS AND PROPERTY DESCRIPTIONS SO INCLUDED IN SAID
NOTICE, SHALL MERELY BE CUMULATIVE OF AND IN ADDITION TO THE REQUIREMENT OF
SAID NOTICE AS PROVIDED BY THE LAWS OF THE STATE OF TEXAS, AND THE CHARTER
OF THE CITY OF CORPUS CHRISTI, TEXAS, AND SHALL NOT IN ANY MANNER BE CONCLU-
SIVE 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 STREET
WITHIN THE LIMITS ABOVE DEFINED AND
WHEREAS, SAID NOTICE AS ORDERED AND DIRECTED BY SAID CITY COUNCIL
AND AS REQUIRED BY SAID ACTS AND CHARTER OF SAID CITY AS ABOVE IDENTIFIED,
WAS DULY GIVEN PUBLICATION OF SAME IN THE CORPUS CHRISTI TIMES, A NEWSPAPER
PUBLISHED IN THE CITY OF CORPUS CHRISTI, TEXAS, ON FEBRUARY 17, 1967,
FEBRUARY 24, 1967 AND FEBRUARY 28, 1967, SAID NOTICE SO PUBLISHED BEING
DIRECTED TO THE OWNERS OF PROPERTY ABUTTING UPON THE STREET HEREINASOVE NAMED;
AND
WHEREAS, AFTER DUE, REGULAR AND PROPER NOTICE THEREOF, ALL AS PRO-
VIDED BY LAW AND THE CHARTER OF THE CITY OF CORPUS CHRISTI, SAID HEARING OF
WHICH NOTICE WAS GIVEN, WAS OPENED AND HELD ON MARCH 1, 1967, IN THE COUNCIL
CHAMBER AT CITY HALL IN THE CITY OF CORPUS CHRISTI, TEXAS, IN ACCORDANCE WITH
SAID ORDINANCE AND NOTICE, AT WHICH TIMES 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 ACCORD-
ANCE WITH SAID ORDINANCE AND NOTICE, AT WHICH TIME THE FOLLOWING APPEARED AND
OFFERED THE FOLLOWING TESTIMONY:
-3-
Minutes
Regular Council Meeting
March 1, 1967
Page 5
Mayor Furman and members of the Council expressed regrets that this unfortunate s' ation
has occurred, nd explained -that because the strip was not dedicated, the request f the replat
did not come before is Council; and further explained that the City has mai wined the strip as a
normal continuation of the m 'ntenance of surrounding areas, and that ssibly the ordinance
should be revised to require notifica ' ns on the question of a r at.
Motion by Blackmon, seconded by aniel and ssed that the City Manager be instructed
to take immediate steps to contact the owner of th r wash stand to see if some alternate exit
plan can be worked out which would be ac ptable to all c cemed, and if necessary the City
should acquire this strip of land to pr ent a recurrence of other su situations in this area.
Mayor Furman appoint Commissioner McDaniel to work with the off, the car wash
stand owners, and the r idents of the area, as a committee in an effort to bring a ut a solution
to the foregoing otter.
or Furman declared a brief recess before the scheduled assessment hearing for 3:00
p. ., during which time Commissioner Wallace reported at the meeting.
Mayor Furman reconvened the meeting, and announced the Council would now hold the
scheduled public hearing on Assessments for the proposed street improvements on Omaha Drive
from Baldwin Boulevard to State Highway 044; explained that each member of the Council had
been presented with a Preliminary Assessment Roll; explained the procedure to be followed for
conducting the hearing; and stated that Assistant City Attorney Tom McDowell would conduct
the 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. Lantos, City Engineer, was interrogated by Mr. McDowell and stated that
he was personally familiar with the plans and specifications; that they were prepared by personnel
under his supervision; that the construction will be under the supervision of his office; explained
Minutes
Regular Council Meeting
March 1, 1967
Page 6
the nature, extent and specifications of the proposed improvements; stated that the construction
is proposed to be of a permanent nature; that the rates are based on 80% of the total cost of one -
half of the street since all properties on both sides of the street in question are zoned for industry;
that sidewalks and curbs and gutters are proposed; and stated that the total contract price is
$64,235.93; that the property owner's assessment is $38,327.37, and that the City's portion of the
cost is $25,908.56.
Mr. Bill Roberts testified as to his employment with the City of Corpus Christi as Right
of Way Coordinator; his 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 on Omaha Drive; that he
had personally viewed within the past week the preliminary assessment roll and each of the
properties to be assessed; and stated that in his opinion, each of the properties so assessed would
be enhanced in value at least to the extent of the proposed assessments. Mr. Roberts further
stated that the improvements in connection with the drainage would enhance property values,
and also stated that since Omaha Drive is a through street, the construction of sidewalks as
proposed on the assessment roll, should be installed as is required in all subdivisions, and that
in his opinion, sidewalks should be included in this project.
Mr. Lantos stated, with reference to the construction of sidewalks, that the platting
ordinance does not make a distinction in industrial and residential districts in this regard, and
further stated that there is no pedestrian traffic on Omaha Drive at present, but that he felt the
sidewalks would be beneficial.
Mayor Furman called the names of property owners as they appear on the assessment roll,
giving each an opportunity to speak in favor or in opposition to his or her individual assessment:
Item 01-, National.. Supply Company: Mr. Deal Mills appeared and stated that this company
has no objections to the proposed paving project, but that they feel the sidewalks are not needed
and would like to have this portion of the construction deleted.
Items #2, #3, #4, #5, #6 8, #7, Flato Properties: Mr. L. C. Carter appeared representing all
of the Flato Properties as shown on the Assessment Roll, and stated that the owners do not see a
need for the proposed sidewalks, but heartily approved of the street improvements.
Minutes
Regular Council Meeting
March 1, 1967
Page 7
Item 08 & 015, Texas Mexican Railroad: Mr. B. F. Wright spoke in behalf of the Texas
Mexican Railroad and stated that the Railroad Company has no objections to the paving of the
street in question, but they do not feel the installation of sidewalks are necessary in an undeveloped
industrial area. Mr. Wright also stated that the Railroad Company objected to the full plank type
of crossings included in the construction plans over the firm'stracks; stated that this type of con-
struction will cost his firm about three times as much as an alternate type of construction, and
suggested the some type of crossing which is required and used by the State Highway Department,
which he stated has been very successful.
Mr. Lantos pointed out an example on Cantwell Lane of the type crossings suggested by
Mr. Wright and stated that the process of deterioration had proven premature, and further stated
that he believes the plank type crossing as proposed by his department is the best type for industial
traffic .
Item 012, Russ Estate & Grover Johns Estate: Mr. E. G. Horne stated the owners of this
property are in favor of the proposed paving project with the exception of the sidewalks and
requested that they be deleted.
Item #14, Sechrist -Hall Company: Mr. Bob Sechrist appeared and stated that his company
is very pleased with the prospect of having the street paved, but that they see absolutely no
advantage in having sidewalks installed, and stated that last year when the paving project was
initiated, most of the property owners had requested that the sidewalks not be included, and
that he, as a representative of this company, is now requesting that this portion of the improvements
be eliminated.
No one else appeared to speak in connection with the foregoing street improvement
assessments.
Motion by Jimenez, seconded by Wallace and passed that the hearing be closed.
Motion by Jimenez, seconded by Wallace and passed that the Assessment Roll for the
improvement of Omaha Drive from Baldwin Boulevard to State Highway #44 be approved, with
the exception that construction of sidewalks be deleted.
Motion by Blackmon, seconded by McDaniel and passed that the problem in connection
with the type of crossings for the Texas Mexican Railroad Company be tabled for further discussion,
•
THERE BEING NO FURTHER TESTIMONY OFFERED OR ANY FURTHER PARTIES
APPEARING TO BE HEARD UPON PROPER MOTIONS DULY SECONDED AND UNANIMOUSLY
CARRIED THE SAID HEARING WAS DECLARED CLOSED; AND
WHEREAS, NO FURTHER PARTIES APPEARING AND NO FURTHER TESTIMONY
BEING OFFERED AS TO THE SPECIAL BENEFITS IN RELATION TO THE ENHANCED VALUE
OF SAID ABUTTING PROPERTY AS COMPARED TO COST OF THE IMPROVEMENTS OF SAID
PORTION OF SAID STREET PROPOSED TO BE ASSESSED AGAINST SAID PROPERTY OR AS
TO ANY ERRORS INVALIDITIES OR IRREGULARITIES, IN THE PROCEEDINGS OR CONTRACT
HERETOFORE HAD IN REFERENCE TO THE PORTIONS OF SAID 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 STREET, WITHIN THE LIMITS ABOVE DEFINED AND HAS HEARD
ALL PARTIES APPEARING AND OFFERING TESTIMONY TOGETHER WITH ALL PROTESTS AND
OBJECTIONS RELATIVE TO SUCH MATTERS AND AS TO ANY ERRORS INVALIDITIES OR
IRREGULARITIES IN ANY OF THE PROCEEDINGS AND CONTRACT FOR SAID IMPROVEMEMTS,
AND HAS GIVEN A FULL AND FAIR HEARING TO ALL PARTIES MAKING OR DESIRING TO
MAKE ANY SUCH PROTESTS 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 OMAHA DRIVE
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 STREET UPON WHICH SAID PROPERTY ABUTS IN AN AMOUNT IN EXCESS OF THE
AMOUNT OF THE COST OF SAID IMPROVEMENTS PROPOSED TO BEy 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 HERE-
TOFORE HAD WITH REFERENCE TO SUCH IMPROVEMENTS, AND IN ALL RESPECTS TO BE
VALID AND REGULARS 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 OMAHA DRIVE, WITHIN THE LIMITS
DEFINED, AND THE REAL AND TRUE OWNER OR OWNERS THEREOF, ARE JUST AND EQUITABLE
AND DID ADOPT THE RULE OF APPORTIONMENT SET OUT BELOW AND THE DIVISION OF
THE COST OF SAID IMPROVEMENTS BETWEEN SAID ABUTTING 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 STREET, WITHIN THE LIMITS ABOVE DEFINED, AND TO
ALL PERSONS, FIRMS, CORPORATIONS AND ESTATES, OWNING OR CLAIMING SAME OF 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 OMAHA DRIVE, WITHIN THE LIMITS DEFINED, AND 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 REIN 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,
-5-
AND THAT ALL ASSESSMENTS HEREINSELOW 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 CORPUS CHRISTI, TEXAS AND THAT THE PROCEED-
INGS AND CONTRACT HERETOFORE HAD WITH REFERENCE TO SAID IMPROVEMENTS ARE IN
ALL RESPECTS REGULARS PROPER AND VALID AND THAT ALL PREREQUISITES TO THE
FIXING OF THE ASSESSMENT LIENS AGAINST SAID ABUTTING PROPERTIES AS HEREIN-
ABOVE DESCRIBED AND THE PERSONAL LIABILITY OF THE REAL AND TRUE OWNER OR
OWNERS THEREOF, WHETHER NAMED OR CORRECTLY NAMED HEREIN OR NOTE HAVE BEEN IN
ALL THINGS REGULARLY HAD AND PERFORMED IN COMPLIANCE WITH THE LAWS CHARTER
PROVISIONS AND PROCEEDINGS OF THE SAID CITY COUNCIL.
SECTION 3. THAT IN PURSUANCE OF SAID ORDINANCES DULY ENACTED BY
SAID CITY COUNCILS AUTHORIZING AND ORDERING THE IMPROVEMENTS OF THE ABOVE
DESCRIBED STREETS WITHIN THE LIMITS DEFINED AND IN PURSUANCE OF SAID PRO-
CEEDINGS 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 io6 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 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 HEREINSELOW MENTIONED AND ITEMIZED OPPOSITE THE DESCRIPTION OF THE
RESPECTIVE PARCELS OF SAID PROPERTY THE NUMBER OF FRONT FEET OF EACH AND
THE SEVERAL AMOUNTS ASSESSED AGAINST SAME AND THE REAL AND TRUE OWNER OR
OWNERS THEREOF, AND NAMES OF THE APPARENT OWNERS THEREOF ALL AS CORRECTED
AND ADJUSTED BY SAID CITY COUNCIL, BEING AS FOLLOWS, TO -WIT:
Iris
- 0 0
CORRECTED FINAL ASSESSMENT ROLL
.Omaha Drive Improvements from Baldwin Boulevard to State Highway 44
Omaha Drive Improvements, from Baldwin Blvd. to S.H. #44 is designated
as project No. 220 -53-85 and is to include the following improvements:
1, Excavation to a width and depth to permit the construction of
a 6" compacted sub -base to 18" back of each curb line, 8" com-
pacted caliche base, prime coat and a 2" Type "D" Hot -mix
asphaltic surface for a pavement width of 36' face to face of
curbs. Concrete curb and gutters, 4' wide 4" thick reinforced
concrete sidewalk and 6" thick reinforced concrete driveway
approaches where specified on the approved plans on file in the
office of the City Engineer.
2. All drainage and utility installations appurtenant to this project.
3. The assessment rate to the abutting property owners has been
determined by applying the unit prices, obtained by Bids, to
the calculated quantities for the improvements. The results
of this calculation is as follows:
Curb, Gutter & Pavement $6.19 per LF
Sidewalk 0.37 per SF
Driveway 0.69 per SF
Pavement Only 4.81 per LF
Curb. & Gutter Only 1.38 per LF
Total Contract Price $64,235.93
Property Owner's Assessment 31,784.93
City's Portion of Costs 32,451.00
• Shee*-1
Omaha Drive Improvements - Baldwin Blvd. to N. Lane of Highaay_44
Fowco Construction Comapany Zoned 8e Used R -1 or R -2, C.G. & Pavement $
Zoned & Used Other Than R -1 or R -2 p.l.f.$ 6.19
Assessment Rate, Sidewalk per sq. ft. $ 0.37
Assessment Rate, Driveway per sq. ft. 0.6}'
Pavement Only 4.81.
Curb & Gutter Only $ 1.38
ITEM
- - - - - - -
- - -
- - - -- -
-- -
-
N0.
OWNER & PROPERTY DESCRIPTION
QUANTITY
DESCRIPTION
TOTAL
ASSESSED
OF
AMOUL�
ASSESSMENT
RATE
AMOUNT
ASSESS
BEGINNING at
BALDWIN BLVD.
West
Side
1.
NATIONAL SUPPLY COMPANY
Out of J. C. Russell Farm
304.60 LF
Curb,Gutter &Pvmt.
6.19
1,885.47
Tracts
678.0 SF
Driveway 2 -30'
o.69
467.82
2,353-29
2.
FLATO CONSTRUCTION COMPANY
Railroad R.O.W.
34.79 IF
Pavement Only
4.81
167.34
36.79 LF
Curb & Gutter
1.38
50.77
21 .11
3.
FLATO CONSTRUCTION COMPANY
Navigation Industrial Park,
179.54 LF
Curb,Gutter &Pvmt
6.19
1,111-35
1,111.3
Lot 13, Block 6
VEST1
AY DRIVE
4.
PLATO CONSTRUCTION COMPANY
Lots 12 & 24, Navigation
385.24 LF
Curb,Gutter &Pvmt
6.19
2,384.64
2, •61
Industrial Park, Block 5
TERM
NAL STREET
5.
FRANKLIN FLATO TRACT
.837 Acres out of Russell Farm
100.0 IF
Curb,Gutter & Pvm
6.19
619.00
19'0(
Blocks
6.
WINIFRED ANN FLATO
1.728 Acres out of Russell Fe.
206.25 LF
Curb,Gutter &Pvmt
6.19
1 276.69
1,27 .6:
Blocks, West of Villa Dr. & S.
of Baldwin Blvd.
7.
JANET FLATO SANDERS
1.817 Acres out of Russell
216.26 LF
urb.Gutter &Pvmt
6.19
1,338.65
Farm Blocks West of Villa Dr.
1,3
& s. of Baldwin Blvd.
• Sheet
Omaha Drive Improvements - Baldwin Blvd. to N. Lane of Hig way WL
Fowco Construction Company Zoned & Used R -1 or R -2, C.G. & Pavement $
Zoned & Used Other Than R -1 or R -2 p.l.f.$ 6.19
Assessment Rate, Sidewalk per sq. £t. $ 0.37
Assessment Rate, Driveway per sq. ft. $ 0.69
Pavement Only $ 4.81
Curb & Gutter Only % , as
ITEM
NO.
OWNER & PROPERTY DESCRIPTION
QUANTITY
ASSESSED
DESCRIPTION
OF
TOTAI
AM�J -\-
ASSESSMENT
RATE
AMOUNT
ASSESS -:
8.
TEXAS MEXICAN RAILROAD
15 Acre Tract, Lots 2,3,4,5,6,
7,8,9,10,11,13,14,15,16,
855.35 IF
1,356.0 sF
Curb,Gutter&Pvmt.
Driveway 4 -30'
6.19
o.69
5,294.62
935.64
Block 2
6,2FO.26
9.
TEXAS CAN RAILROAD
Right -of -Way
34.0 IF
47.0 SF
Curb,Gutter&Pvmt.
Pavement Only
6.19
4.81
210.46
266.07
7 .53�
HIGHWAY 44
WEST SIDE
10.
DRISCOLL FOUNDATION
J. C. Russell Farm Tracts
303.78 IF
Curb,Gutter,& Pvm
6.19
1 880.40
1, 0.
11.
DRISCOLL FOUNDATION
Texas Mexican Railroad
34.79 LF
Pavement Only
4.81
167.34
Right -of -Way
36.79 SF
Curb & Gutter Onl
1.38
50.77
21 . fl.Il
12.
RUSS ESTATE & GROVER JOHNS
ESTATE
Guaranty National Bank &
1,189.04 IF
Curb,Gutter&Pvmt.
6.19
7,36o.16
7,360-16
Herman Waters Trustees
Russell Farm Blocks 19 & 20
Out of Description No. 9
.13.
DRISCOLL FOUNDATION
Out of Russell Farm Blocks
218.75 LF
Curb,Gutter &Pvmt.
6.19
1,354.o6
1,35 •
19 & 20, Description No. 11
14.
SEGRIST -HALL COMPANY
Lot 1, Block 8 -A, Russell
610.0 IF
Curb,Gutter& Pvmt.
6.19
3,775.90
Industrial Area
1,017.0 SF
Driveway 3 -30'
0.69
701.73
4,477-b-'
Sheet *3
Omaha Drive Improvements - Baldwin Blvd. to N. Lane of HjZhyay 44
Fowco Construction Company Zoned & Used R -1 or R -2, C.G. & Pavement $
Zoned & Used Other Than R -1 or R -2 p.l.f.$6.19
_ Assessment Rate, Sidewalk per sq. ft. $0.37
Assessment Rate, Driveway per sq. ft. $0.69'
Pavement Only 14.8I
Curb and Gutter Only 1.�0
3TKM
N0.
OWNER & PROPERTY DESCRIPTION
QUANTITY
ASSESSED
DESCRIPTION
OF
ASSESSMENT
RATE
AMOUNT
TOTAL
AMOUNT
ASSESS
15.
TEXAS MEXICAN RAILROAD
42.0 IF
Curb,Gutter & vmt
6.19
259.98
Right -of -Way
47.0 IF
Pavement Only
4.81
226.07
4bb-05
Total Contract Price
$64,235.93
Property Owner's Assessment
31,784.93
City's Portion of Costs
32,451.00
i
7-
SECTION Y. 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 BED AND THE SAME
ARE HEREBY DECLARED TO BE INCREASED OR DECREASED AS THE CASE MAY BED 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 15 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 IMPROVEMENTS ON
SAID PORTION OF OMAHA DRIVE, 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 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 STREET,
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
_7_
0 ... . I I : 0
OMAHA DRIVES 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
(5 %) PER ANNUM WITH REASONABLE ATTORNEYS FEE AND ALL COSTS AND EXPENSES OF
COLLECTIONS 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: MARCH 1, 1967, 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 COM-
PLETION OF SAID IMPROVEMENTS TO THE STREET UPON WHICH THE RESPECTIVE PROPERTY
ABUTS, AND ACCEPTANCE THEREOF BY THE SAID CITY COUNCIL, THE REMAINING INSTALL-
MENTS TO BE DUE AND PAYABLE RESPECTIVELY ONE EACH MONTH BEGINNING SIXTY
(60) DAYS AFTER THE DATE OF ACCEPTANCES 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 INSTALL-
MENTS OF PRINCIPAL AND INTEREST TO BEAR INTEREST AT THE RATE PER ANNUM UNTIL
PAID; HOWEVER, PROVIDED THAT ANY OWNER OR SUCH PROPERTY SHALL HAVE THE RIGHT
TO PAY OFF THE ENTIRE SUM OF SUCH ASSESSMENTS OR ANY INSTALLMENT THEREOF
BEFORE MATURITY, BY PAYING PRINCIPAL AND ACCRUED INTEREST TO DATE OF SAID
PAYMENT; AND PROVIDED FURTHERS THAT IF DEFAULT SHALL BE MADE IN THE PAYMENT
OF ANY INSTALLMENT OF PRINCIPAL OR INTEREST WHEN DUES 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, BED AND BECOME
IMMEDIATELY DUE AND PAYABLE AND SHALL BE COLLECTIBLE TOGETHER WITH REASONABLE
ATTORNEYS FEES AND ALL COSTS AND EXPENSES OF COLLECTION, IF INCURRED.
9.3
•
•
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 PROPERTY2 AND THE REAL AND TRUE OWNER OR OWNERS
THEREOF2 COLLECTION THEREOF SHALL BE ENFORCED AT THE OPTION OF FOWCO
CONSTRUCTION COMPANY THEIR SUCCESSORS OR ASSIGNS2 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, TEXAS2 TO FOWCO
CONSTRUCTION COMPANY UPON THE COMPLETION OF SAID IMPROVEMENTS IN SAID STREET
AND ACCEPTANCE THEREOF BY SAID CITY COUNCILS WHICH CERTIFICATES SHALL BE
EXECUTED BY THE MAYOR IN THE NAME OF THE CITY ATTESTED BY THE CITY SECRETARY
WITH THE CORPORATE SEAL OF SAID CITY AND WHICH CERTIFICATES SHALL DECLARE
THE AMOUNTS OF SAID ASSESSMENTS AND THE TIMES AND TERMS THEREOF, THE RATE
OF INTEREST THEREON THE DATE OF THE COMPLETION AND ACCEPTANCE OF THE IMPROVE-
MENTS FOR WHICH THE CERTIFICATE ISISSUED� AND SHALL CONTAIN THE NAMES OF
THE APPARENT TRUE OWNER OR OWNERS AS ACCURATELY AS POSSIBLE AND THE DESCRIP-
TION OF THE PROPERTY ASSESSED BY LOT AND BLOCK NUMBERS OR FRONT FOOT THEREOF
OR SUCH OTHER DESCRIPTION AS MAY OTHERWISE IDENTIFY THE SAME AND IF THE
-9-
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
i
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 FORTH AND EVIDENCE THE PERSONAL
LIABILITY OF THE REAL AND TRUE OWNER OR OWNERS OF SUCH PROPERTY WHETHER
NAMED OR CORRECTLY NAMED THEREIN OR NOTE 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:
FEBRUARY 8, 1967, 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 REGULARLY
HAD IN COMPLIANCE WITH THE LAW AND CHARTER IN FORCE IN SAID CITY AND THE PRO-
CEEDINGS OF SAID CITY COUNCIL OF SAID CITY AND THAT ALL PREREQUISITES 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 REGULARLY
DOME AND PERFORMED, WHICH RECITALS SHALL BE EVIDENCE OF ALL THE MATTERS AND
_1p-
•
FACTS SO RECITED AND NO FURTHER PROOF THEREOF SHALL BE REQUIRED IN ANY
COURT.
THAT ALL SAID CERTIFICATES MAY HAVE COUPONS ATTACHED THERETO IN
EVIDENCE OF EACH OR ANY OF THE SEVERAL INSTALLMENTS THEREOFx 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 CERTIFICATES 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 OWNERS OR THE DESCRIPTION OF ANY PROPERTY OR THE AMOUNT OF ANY
ASSESSMENT, OR IN ANY OTHER MATTER OR THING SHALL NOT IN ANYWISE INVALIDATE
OR IMPAIR ANY ASSESSMENT LEVIED HEREBY OR ANY CERTIFICATE ISSUED, AND SUCH
MISTAKES OR ERRORS INVALIDITY OR IRREGULARITY WHETHER IN SUCH ASSESSMENT OR
IN THE CERTIFICATE ISSUED IN EVIDENCE THEREOF MAY BE, BUT IS NOT REQUIRED
TO BED 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 STREET; AND THAT THE TOTAL AMOUNTS ASSESSED
AGAINST THE RESPECTIVE PARCELS OF PROPERTY ABUTTING UPON SAID STREET WITHIN
THE LIMITS HEREIN DEFINED, AND THE REAL AND TRUE OWNER OR OWNERS THEREOF,
ARE THE SAME ASS OR LESS THAN, THE ESTIMATE OF SAID ASSESSMENT PREPARED BY
THE DIRECTOR OF PUBLIC WORKS AND APPROVED AND ADOPTED BY 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 40TH LEGISLATURE OF THE STATE OF TEXAS, KNOWN AS ARTICLE
11056 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 STREET HAS BECOME AN
IMPORTANT THOROUGHFARE AND THE FACT THAT THE PRESENT CONDITION OF SAID STREET,
WITHIN THE LIMITS DEFINED, IS DANGEROUS TO THE HEALTH AND PUBLIC WELFARE OF
THE INHABITANTS THEREOF CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC
NECESSITY, REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR
RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION, AND THAT
SAID ORDINANCE SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL,
AND THE MAYOR HAVING DECLARED THAT SUCH EMERGENCY AND NECESSITY EXISTS, AND
HAVING REQUESTED THAT SAID CHARTER RULE BE SUSPENDED, AND THAT THIS ORDINANCE
BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT THIS ORDINANCE TAKE
EFFECT AND BE IN FULL FORCE AND EFFECT' /FROM AND AFTER ITS PASSAGE, IT IS
ACCORDINGLY SO ORDAINED, THIS THE ,j� L DAY of MARCH, 1967-
ATTEST:
CIT $ CRETAR
APPROVED AS TO LEGAL FORM TH
___7 DAY OF MARCH, 1967:
CITY ATTORNEY
0 PID-1erH
THE CITY OF CORPUS CHRISTI, TEXAS
•
s
CORPUS CHRIST!' TEXAS
O DAY OF ,19_61.
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,
oR Pro•rem
THE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE'
DR. MCIVER FURMAN
JACK BLALKMON
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. Q
KEN Mc DANIEL /�,.�✓
RONN I E $ i ZEMORE - -- -'� IJ
WM. H. WALLACE � �0