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HomeMy WebLinkAbout08429 ORD - 04/26/1967VMP:V21/67 . AN ORDINANCE CLOSING THE PUBLIC HEARING ON IMPROVEMENTS OF MCA LE ROAD FROM S. H. 286 TO GREENWOOD DRIVE, AND FINDING AND DETERMINING THAT PROPERTY ABUTTING SAID STREET 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, PRO- VIDING 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 MARCH 29, 1967, DETERMINED THE NECESSITY FOR, AND ORDERED THE IMPROVEMENT OF MCARDLE ROAD, FROM S. H. 286 TO GREENWOOD DRIVE, IN THE MANNER AND ACCORDING TO THE PLANS AND SPECI- FICATIONS HERETOFORE APPROVED AND ADOPTED BY THE CITY COUNCIL BY ORDINANCE DATED MARCH 29, 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 SLOVAK BROTHERS ON THEIR LOWEST AND MOST ADVANTAGEOUS BID AND SAID .CONTRACT HAS BEEN HERETOFORE DULY EXECUTED BY SAID CITY OF CORPUS CHRISTI AND SLOVAK BROTHERS AND IS DATED APRIL , 1967, AND THE PERFORMANCE BOND REQUIRED BY SAID CONTRACT HAS BEEN PROPERLY FURNISHED BY SAID SLOVAK BROTHERS 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 MCARDLE ROAD, WITHIN THE LIMITS HEREIN DEFINED, TO BE IMPROVED, AND THE REAL AND TRUE OWNERS THEREOF, AND SAID 8429 DIRECTOR OF PUBLIC WORKS HAS HERETOFORE FILED SAID ESTIMATES AND A STATE- MENT 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 MARCH 29, 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 HEAR- ING TO BE HELD AT 3:00 O'CLOCK P. M. ON APRIL 19, 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 STREET, WITHIN THE LIMITS ABOVE DEFINED, AND FOR ALL OTHERS OWNING OR CLAIMING ANY INTEREST IN, OR OTHER- WISE INTERESTED IN SAID PROPERTY, OR ANY OF SAID MATTERS AS TO THE ASSESS- MENTS 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 STREET, 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 CIRCU- LATION, SAID NOTICE TO BE PUBLISHED IN SAID NEWSPAPER AT LEAST THREE TIMES PRIOR TO THE DATE OF SAID HEARING, THE FIRST PUBLICATION OF WHICH IS TO BE AT LEAST TEN (10) DAYS PRIOR THERETO, ALL AS PROVIDED FOR IN ACCORDANCE WITH THE PROVISIONS OF SAID CITY CHARTER AND OF CHAPTER 106 OF THE FIRST CALLED SESSION OF THE MOTH LEGISLATURE OF THE STATE OF TEXAS, KNOWN AND SHOWN AS ARTICLE 11058, VERNON'S ANNOTATED CIVIL STATUTES OF TEXAS; AND WHEREAS, SAID CITY COUNCIL DID FURTHER ORDER AND DIRECT SAID CITY SECRETARY, IN ADDITION TO SAID PUBLISHED NOTICE AS AFORESAID, WHICH WAS PROVIDED TO BE VALID AND SUFFICIENT IN ITSELF, TO KEEP ON FILE A COPY -2- 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 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 NEVERTHLESS 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 APRIL 3, 1967, APRIL 10, 1967, AND APRIL 17, 1967, SAID NOTICE SO PUBLISHED BEING DIRECTED TO THE OWNERS OF PROPERTY ABUTTING UPON THE STREET 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 OF WHICH NOTICE WAS GIVEN, WAS OPENED AND HELD ON APRIL 19, 1967, IN THE COUNCIL CHAMBER AT CITY HALL IN THE CITY OF CORPUS CHRISTI, TEXAS, IN ACCORDANCE WITH SAID ORDINANCE AND NOTICE, AT WHICH TIME AN OPPORTUNITY WAS GIVEN TO ALL SAID ABOVE MENTIONED PERSONS, FIRMS, CORPORATIONS AND ESTATES, THEIR AGENTS AND ATTORNEYS, TO BE HEARD AND TO OFFER EVIDENCE AS TO ALL MATTERS IN ACCORDANCE WITH SAID ORDINANCE AND NOTICE, AT WHICH TIME THE FOLLOWING APPEARED AND OFFERED THE FOLLOWING TESTIMONY: -3- Minutes Regular Council Meeting April 19, 1967 Page 9 willing to assume the financial obligation for these improve. Mr. Bonilla further stated that childre alking to and from Mary Carroll High S I are forced to use the side of the street, creating d dangerous tra azard, and furt stated that the ditches on either side are a health hazard. (Petition #67 -12) Mayor Blackmon a opted the petition an sod Mr. Bonilla that the matter will be investigated byfiia"City Staff, and that a recommendation wil Sizemore departed the meeting. Mayor Blackmon announced the scheduled public hearing for 3:00 p.m. on Assessment for the proposed street improvements for a portion of McArdle Road from Greenwood Drive to State Highway 286; directed that it be noted that a quorum was present; explained that each member of the Council had been presented with a copy of the Preliminary Assessment Roll, and stated that Assistant City Attorney Tom McDowell would conduct the public hearing. Assistant City Attorney McDowell explained the purpose of the public hearing to establish whether or not each individual property would be specially benefitted or enhanced in value to at least the amount of the assessment, and explained 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 stated 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, stated that he was a qualified, registered professional engineer, that he was thoroughly familiar with the plans and specifications of the proposed improve- ments which were prepared by his staff and under his supervision, and stated that subsequent con- struction will also be under his supervision; testified as to the nature, extent and specifications of the proposed improvements; stated that the total contract price is $186,819.96; total paving assessments $63,906.04; Corpus Christi Independent School District, Storm Sewer Participating by separate agreement, $64,516.90, total cost to the City is $58,397.02; explained the manner in which the pro rata share was computed, stated that the improvements will consist of excavation to a width and depth to permit the construction of 6" compacted sub -base to 18" back of each curb Minutes Regular Council Meeting April 1.9, 1967 Page 1 i line, 8" compacted caliche base, prime coat and a 2" type of "d" hot -mix asphaltic concrete surface for a pavement width of 44 feet face to face of curbs; that concrete curbs and gutters, 4 feet wide by 4 inches thick reinforced concrete sidewalk and 6 inches thick reinforced concrete driveway approaches where specified on the approved plans on file in the office of the City Engineer; that drainage improvements appurtenant to this project include the construction of 6' x 6' reinforced concrete box and reinforced concrete pipe ranging in size from 60" to 15" and storm sewer inlets; that the assessment rate to the abutting property owners had been determined by applying the unit prices obtained by bids to the calculated quantities for the improvements. Mr. Lantos pointed out that the rate for the Corpus Christi Independent School District is based on 100% of unit bid price, and that the storm sewer portion of the contract is being constructed jointly by the School District and the City under a separate agreement. Interested property owners in the audience were given the opportunity to question Mr. Lontos for clarification of calculations based on the size and shape of the respective lots, as to credit given for existing improvements, and the method of computing varied costs, after which the follow- ing persons appeared: Mr. John Brooke, attorney, representing Amy Reid Dalton, Item 25, questioned Mr. Lantos as to total amount being assessed against abutting property owners; asked if the term "assessed for paving" included curbs and gutters; inquired as to the width of the street, the material to be used, the design, what percentage of cost Is being assessed against the property owners, and if a qualified appraiser would be employed. Mr. Harry Henderson Miller, Item 02, raised the question as to what consideration had been given to the fact that traffic will to fed onto Greenwood Drive, which is a narrow street, and City Manager Whitney explained that normally Greenwood would have been paved first, but because of the urgency brought about by the construction of the new high school, McArdle is being improved now with a plan to eventually pave Greenwood from Horne Road to Padre Island Drive. Mr. Bill Roberts, Right of Way Coordinator of the City Staff, testified as to his background and experience which he felt qualified him as a real estate appraiser for all types of properties in this City; stated that he had personally viewed and understood the extent and specifications of the Minutes Regular Council Meeting Apri 1 19, 1967 Page 11 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, with the follow- ing exceptions, for which he recommended that the assessments be reduced as follows: Item 014, Monterrey Dev. - Lots 17, 18 and 19, Block 1, Greenwood Park #2, reduce assess- ment from $668.50 to $609.0@, based on the irregular triangular shape of the lot; Item #15, Eugene Stewart - Lot 20, Block 1, Greenwood Park.42, reduce assessment on Lot 20 from $449.47 to $203.00, based on the irregular triangular shape of the lot. Mr. Brooke questioned Mr. Roberts' authority for the making of real estate appraisals; inquired .as to what basis he had arrived at his conclusions that the properties will be enhanced at least to the value of the amount of the assessments and questioned his affiliations with appraisers' associations. Mr. Roberts stated that he was an accredited real estate appraiser, having appeared as a witness at prior hearings of this type for the City; that he is a member of the Corpus Christi Real Estate Board, but that he is not a member of the American Association of Real Estate Appraisers; that his conclusions have been based on his knowledge of Corpus Christi real estate and his general knowledge and experience both in the capacity of his position with the City of Corpus Christi and of his private experience. Mayor Blackmon stated he would call the names of the, property owners as they are listed on the assessment roll, and invited each property owner to state his approval or objection to any of the proposed improvements or assessments to his property. The following persons appeared: Item 62, Harry Henderson Miller - Mr. Miller stated that he has no objection to the proposed Improvements of McArdle Street, but that he is interested in obtaining general information as to the financial responsibility and the maintenance after the project is completed. Mr. Miller was informed that he will be responsible for the initial assessment only, and that the maintenance is the City's responsibility. Item 03 and Item 06, City Manager Whitney stated that he had received a communication from Mr. Jule Pels in connection with these two items, stating that he could not be present at the hearing but that he wanted to go on record that he wished to waive the access rights, Mr. Whitney stated Minutes Regular Council Meeting April 19, 1967 Page 12, 1967 that this could be done, but that it would have to be done by agreement between the property owner and the Council. Item 012, Wilford E. Ranson stated that he did not oppose the proposed improvements, but asked if all property owners were to have received a notice, stating that some of his neighbors have not received a letter as of this date. Mr. Joe Pierce, Paving Coordinator of the City Staff, explained that names of property owners are taken from the City Tax Rolls as the record owners, and that notices are mailed by Certified Mail. Mr. Pierce further stated that all have been received with the exception of two. Item #13, Robert Lee Smith. Mr. Kitchen .appeared in behalf of Robert Lee Smith, and stilted that this property backs up to McArdle; that the owner does not oppose the improvements nor the assessments, but questioned the reasoning for assessing property which does not abut the street to be improved; stated that he was seeking general information so that he would be in a position to inform the owner; inquired as to how the payments can be made and when the installments will begin and if interest will be added. Mr. Kitchen was advised that the assessment may be .paid in full at the completion of the construction or by five annual installments plus five percent interest, or in monthly payments over a period of five years. Item 025, Amy Reid Dalton. Mr. John C. Brooke, spoke in behalf of the subject property, and stated that his client has no basic objection to the proposed street improvements, but stated that a few months ago, after attempting to negotiate with the City for the purchase of this land for right of way purposes, he became convinced that an agreement could not be reached, and that he decided that he preferred to give the right of way to the City by gift deed; at that time he was not aware that he was going to be assessed for street improvements; and that his client is asking that he be given credit for the right of way given to the City valued at $981.00. City Manager Whitney stated that it would be his recommendation that the Dalton property be assessed for the full amount rather than give credit for the right of way, and then buy the right of way outright. No one else appeared to be heard in connection with the proposed street improvements. Motion by McDaniel, seconded by Bradley and passed that the hearing be closed. 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 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 STREET 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 PRO- TESTS AND OBJECTIONS RELATIVE TO SUCH MATTERS AND AS TO ANY ERRORS, IN- VALIDITIES OR IRREGULARITIES IN ANY OF THE PROCEEDINGS AND CONTRACT FOR SAID IMPROVEMENTS, AND HAS GIVEN A FULL AND FAIR HEARING TO ALL PARTIES MAKING OR DESIRING TO MAKE ANY SUCH PROTEST, OBJECTION OR OFFER TESTIMONY AND HAS FULLY EXAMINED AND CONSIDERED ALL 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 MCARDLE ROAD, 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 PRO- CEEDINGS WERE BEING HAD, AND THE PROCEEDINGS OF SAID CITY COUNCIL HERETO- FORE HAD WITH REFERENCE TO SUCH IMPROVEMENTS, AND IN ALL RESPECTS TO BE I VALID AND REGULAR; AND SAID CITY COUNCIL DID FURTHER FIND UPON SAID EVI- DENCE THAT THE ASSESSMENTS HEREINBELOW MADE AND THE CHARGES HEREBY DECLARED AGAINST SAID ABUTTING PROPERTY ON SAID PORTION OF SAID MCARDLE ROAD, 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 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 MCARDLE ROAD, WITHIN THE LIMITS DEFINED, THAT THE SPECIAL BENEFITS IN THE ENHANCED VALUE TO ACCRUE TO SAID PROPERTY AND THE REAL AND -TRUE OWNER OR OWNERS THEREOF, BY VIRTUE OF THE CONSTRUCTION OF SAID IMPROVEMENTS TO SAID PORTION OF SAID STREET UPON WHICH SAID PROPERTY ABUTS, WILL BE IN EXCESS OF THE AMOUNT OF THE COST OF SAID IMPROVEMENTS AS PRO- POSED 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 CORPUS CHRISTI, TEXAS, AND THAT THE PROCEEDINGS AND CONTRACT HERETOFORE HAD WITH -5- rl REFERENCE TO SAID IMPROVEMENTS ARE IN ALL RESPECTS REGULAR, PROPER AND VALID, AND THAT ALL PREREQUISITES TO THE FIXING OF THE ASSESSMENT LIENS AGAINST SAID ABUTTING PROPERTIES, AS 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 ORDINANCE, DULY ENACTED BY SAID CITY COUNCILS AUTHORIZING AND ORDERING THE IMPROVEMENTS OF THE ABOVE DESCRIBED STREET, 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 lob 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 HEREINBELOW MENTIONED AND ITEM- IZED 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: -6. FINAL ilYffffkW ASSESSMENT ROLL McArdle Road Improvements from Greenwood Drive to State Highway 286 McArdle Road Improvements from Greenwood Drive to State Highway 286 is desig- nated as project No. 220 -67 -90 and is to include the following improvements. 1. Excavation to a width and depth to permit the construction of 6" compacted sub -base to 18" back of each curb line, 8" compacted caliche base, prime coat and a 2" type of "D" hot -mix asphaltic concrete surface for a pavement width of 44' face to face of curbs. Concrete curbs and gutters, 4' wide by 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. Drainage improvements appurtenant to this project include the const- ruction of 6' x 6' reinforced concrete box and reinforced concrete pipe ranging in size from 60" to 15" and storm sewer inlets. 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. It should be noted herein that the rate for the Corpus Christi Independent School District is based on 100% of unit bid price. In addition the storm sewer portion of the contract is being cogstructed jointly by the school and City under separate agreement. v Rates for Property Zoned & Used R -1 or R -2 Curb, Gutter & Pavement Sidewalk Driveway C. C. Ind. School District as Developer Rate z of street width 1ON unit bid price Curb, Gutter & Pavement Sidewalk (100% unit bid price) Driveway (100% unit bid price) Total Contract Price Total Paving Assessments C. C. Ind. School Dist. Storm Sewer Total Cost to City C. C. Independent School Dist. Cost Paving Assessments Storm Sewer (Separate Aggreement) Total Participation $5.56 per LF 0.36 per SF 0.85 per SF $9.19 per IF 0.45 per SF 0.85 per SF $186,819.96 44�- A 0, Goo. o y 64 516.90 $46,004.73 64 516.90 $110, . 0 0 • Sheet NO l McArdle Road, From Hi,gb ,y 286 to Greenwood 'Drive Slovak Brothers - Contractors Compacted Subgxade, 8" Compacted Caliche Base, Prime Coat and 2 Hot -Mix Asphaltic Surface for Pavement Width of 441 face to face of Curb. 5' wide Concrete Sidewalks and 6" thick reinforced Driveways where ni 4-1 e.i Zoned & Used R -1 or R -21 C.G. & Pavement $ 5.56 Zoned & Used Other Than R -1 or R -2 p.l.f.$ Assessment Rate, Sidewalk per sq. ft. $ 0.36 Assessment Rate, Driveway per sq. ft. $ 0.85 C. C. Ind. School Dist. as Developer, Rate P4 of st. vridth- Curb,Gutter &Pvmt.L.F.$ 9.19_ 10 Unit Bid Price - Sidewalk per S.F. $ 0.45 lnMf TT 4+ -A -.... d. n Sim iTEN NO. OWNER & PROPERTY DESCRIPTION QUANTITY DESCRIPTION TOTAL ASSESSED OF AMOUNT ASSESSMENT RATE AMOUNT ASSESSED I START" TG AT GREENWOOD D NORTH SIDE 1. MONTE'RREY DEV. Lot 1, Blk 1 -A, Greenwood Perk #2 - 50% Assessed 70 L.F. (35') Curb,Gutter &Pvmt. 5.56 194.60 280 S.F. Sidewalk 0.36 50.4o (14o) 2 5.00 2. HARRY HEN"DERSON MILLER Lot 21 Blk. 1 -A Greenwood Park #2 - 50% Assessed 59' L.F. (29.5) Curb,Gutter&Pvmt. 5.56 164.02 236' S.F. Sidewalk 0.36 42.48 (118) 20 .50 3. JEWEL HOMES, INC. Lot 3, Blk. 1 -A Greenwood Park #2 - 50% Assessed 59' L.F. (29.5) Curb,Gutter&Pvmt. 5.56 164.02 236' S.F. Sidewalk 0.36 42.48 (118) 206-50 4. MONTERRE DEV. Lot 4, Blk. 1 -A Greenwood Park #2 - 50% Assessed 59' L.F. (29.5) Curb,Gutter &Pvmt. 5.56 164.02 236' S.F. Sidewalk 0.36 42.48 206-50 5. EVEIN L. THOMPSON Lot 5, Blk. 1 -A Greenwood 59' L.F. Curb,Gutter&Pvmt. 5.56 164.02 Park # 2 - 50% Assessed (29.5) 236' S.F. Sidewalk 0.36 42.48 (ll8) 206-50 0 • • Sheet 0 2 McArdle Road, From Highway 286 to Greenwood Drive Slovak Brothers - Contractors Zoned & Used R -1 or R -2, C.G. & Pavement $5,56 Zoned & Used Other Than R -1 or R -2 p.l.f.$ Compacted subRrade, 8" compacted caliche base, Assessment Rate, Sidewalk per sq. ft. $0,36 Prime coat and 2" hot -mix asphaltic surface Assessment Rate, Driveway per sq. ft. $ for pavement width of 44' f.£. curb 5' wide q. C. Ind. School Dist, as Developer, Rate concrete sidewalks and 6" thick reinforced - of Street Width Curb Gutter & Pvmt. .L.F 1 driveways where specified 10079 Unit bid price - Sidewalk p S.F. $ 0.45 lOCV.. TTnT+ -WA .. Tl..i ...._...._ a. n 0, ITEM N0. OWNER & PROPERTY DESCRIPTION QUANTITY DESCRIPTION TOTAL ASSESSED OF AMOUNT ASSESSMENT RATE AMOUNT ASSESSED 6. JEWEL ROMES,INC. Lots 6 &7, Blk. 1 -A Greenwood Park #2 - 50% Assessed 118' L.F. (59) Curb,Gutter, &Pvmt 5.56 328.04 472' S.F. Sidewalk 0.36 84.96 (236) 13.00 7. LEROY SAVOY Lot 8, Blk. 1 -A Greenwood Park #2 - 50% Assessed 59' L.F. (29.5) Curb,Gutter&Pvmt. 5.56 164.02 236' S.F. Sidewalk 0.36 42.48 (118) 20 .50 8. JAMES THOMAS KAY Lot 9, Blk. 1 -A Greenwood Park #2 - 50% Assessed 59' L.F. (29.5) Curb,Gutter&Pvmt. 5.56 164.02 236' S.F. Sidewalk 0.36 42.48 (118) 20 .50 9. MONTEPM DEV. Lot 10, Blk. 1 -A Greenwood Park #2 - 50% Assessed 71.3 L.F. (35.65) Curb,Gutter,&Pvmt 5.56 198.21 285.2 S.F. (142.6) Sidewalk 0.36 51.34 2 9.55 BALSAM STREET 10. GEORGE W. ADAMS Lot 12 &13, Blk. 1 Greenwood Park #2 - 50% Assessed 123' L.F. (61.5) Curb,Gutter,&Pvmt. 5.56 341.94 492' S.F. Sidewalk 0.36 88.56 (246) 30.50 0 .• • Sheet* 3 McArdle Road - From Highway 286 to Greenwood Drive Compacted Subgrade, 8" Compacted Caliche Base, Prime Coat and 2" Hot -Mix Asphaltic Surface for Pavement Width of 44' face to face of Curb. 5' wide Concrete Sidewalks and 6" thick reinforced Driveways where specified. _Zoned & Used R -1 or R -2, C.G. & Pavement $ 5.56 Zoned & Used Other Than R -1 or R -2 p.l.f.$ Assessment Rate, Sidewalk per sq. ft. $ 0.36 Assessment Rate, Driveway per sq. ft. $ 0.85 C.C. Ind. School Dist, as Developer, Rate i of Street Width -Curb Gutter &Pvmt. L.F. .l 1 Unit Bid Price - Sidewalk per S.F. $ 0.45 tVu-jo Vul 1. 151a rrlce - LrlveWa v Der p..C'. - U. 01) , TTEK N0. OWNER & PROPERTY DESCRIPTION QUANTITY DESCRIPTION TOTAL ASSESSED OF AMOUNT ASSESSMENT RATE AMOUNT ASSESSED 11. BRYAN H. BARROWS,JR. Lot 14, Blk. 1 Greenwood 58' L.F. Curb,Gutter,&Pvmt. 5.56 161.24 Park #2 - 50% Assessed (29) 232' S.F. Sidewalk 0.36 41.76 (116) 203.00 12. WILFORD E. RANSOM Lot 15, Blk. 1 Greenwood Park #2 - 50% Assessed 58' L.F. (29) Curb,Gutter &Pvmt. 5.56 161.24 232' S.F. Sidewalk 0.36 41.76 (116) 203.00 13. ROBERT LEE SMITH Lot 16, Blk. 1 Greenwood 58' L.F. Curb,Gutter&Pvmt. 5.56 161.24 Park #2 - 50% Assessed (29) 232' S.F. Sidewalk. 0.36 41.76 (116) 203.00 4. MptvmmREY DEV. Lots 17- 18 -19, Blk. 1 Greenwood 191' L.F. Curb,Gutter&Pvmt. 5.56 530.98 Park #2 - 50% Assessed (95.5) 764' S.F. • r�e�� Siid^dewalk � C4�iY4�/� �'ar4� 0.36 137.52 e o• q Uo 15. EUGENE STEWART Lot 20, Blk. 1 Greenwood Park #2 - 50 % Assessed 128.42 L.F. (64.21) Curb,Gutter&Pvmt. 5.56 357.01 513.68 S.F. Sidewalk J 0.36 92.46 84 �Be-- 16. C.C. IND. SCHOOL DISTRICT Inwood Village High School Tract 1,261.16 LF Curb,Gutter&Pvmt. 9.19 11,590.06 5,855.8 SF Sidewalk o.45 2,635.E 685.62 SF Driveway 0.85 582':78 14,807.95 • • Sheet McArdle Road, From Highway 286 to ,r a wnnd nriva SLOVAK BROTHERS - CONTRACTORS Compacted Subgrade, 8" Compacted Caliche_Base, Prime Coat and 2" Hot -Mix Asphaltic Surface for Pavement Width of 44' face to face of Curb. 5' wide Concrete Sidewalks and 6" thick reinforced Driveways where specified. Zoned & Used R -1 or R -2, C.G. & Pavement $ Zoned & Used Other Than R -1 or R -2 p.1-f.$ Assessment Rate, Sidewalk per sq. ft. $ Assessment Rate, Driveway per sq. ft. $ C. C. Ind. School Dist, as Developer, Rate of St. width- Curb.Gutter&Pvmt. per L.F.$ 5.56 1 0.36 I 0.85 Unit Bid Prices - Sidewalk per S.F. $ 0.45 � vnlb D1u rrluzb - Dr1vtlflal ljvr r ITEM N0. OWNER & PROPERTY DESCRIPTION QUANTITY ASSESSED DESCRIPTION OF TOTAL AMOK ASSESSMENT RATE AMOUNT ASSESSED 17. GLAFIRO GOMEZ Lot 20, Blk. 13 Inwood Village Unit 3 - 64.75% Assessed 106.95 L.F. (69.24) Curb,Gutter&Pvmt. 5.56 -0- -0- Sidewalk 0.36 -0- -0- PRESCOTT STREET 18. ARMANDO B. CARnENAG Lot 21, Blk. 12 Inwood Village Unit 3 106.93 L.F. (68.46) urb,Gutter,&Pvmt. 5.56 -0- -0- Sidewalk 0.36 -0- -0- Driveway 0.85 -0- -0- 19. PAUL TREVINO Lot 22, Blk. 12 Inwood Village unit 3 106.95 L.F. (68.44) urb,Gutter, &Pvmt. 5.56 -0- -0- Sidmqalk 0.36 -0- -0- 20. C.C. IND. SCHOOL DIST. 644.98 L.F. 3,224.9 S.F. b,Gutter &Pvmt. 3idewalk 9.19 0.45 5,927.37 1,451.21 7,37t$ .5 21. B,=.M COMORAM014 Lot 15, Section D. of *185.35 L.F. 741.40 S.F. urb,Gutter &Pvmt. idewalk 5.56 0.36 1,030.55 266.90 Paisley Sub -Div. [END 1,297. 5 NORTH SIDE Credit For Existing Sidewalk, urb,Gutter & Pavement *Not Assessed Total Front Foo due to Highway 286 Constructio e plans. + • • • Sheet to 5 McArdle Road From Highway 286 to Greenwood Drive SLOVAK BROTHERS - CONTRACTORS Zoned & Used R -1 or R -2, C.G. & Pavement $ 5.56 Zoned & Used Other Than R -1 or R -2 p.l.f.$ Compacted Subgrade, 8" Compacted Caliche Assessment Rate, Sidewalk per sq. ft. $ 0.36 Base, Prime Coat an Hot -Mix p t c Assessment Rate, Driveway per sq. ft. $ 0.85 Surface for Pavement width of 44' face to n coo s as eve oper e face of Curb. 5' wide concrete Sidewalks z of St. width -Curb, Gutter& Pvmt. per L.F. 9.19 and 6" thick reinforced Driveways where 10 Unit Bid Price - Sidewalk per S.F. O.45 s ecified. 100 Unit Bid Price - Driveway per S.F- 1TEM - 64,516.90 Storm Sewer Participating By Separate Aggrement TOTAL COST TO CITY - N0. OWNER & PROPERTY DESCRIPTION QUANTITY DESCRIPTION TOTAL ASSESSED OF JAMOUNT I AMOUNT ASSESSMENT RATE ASSESSED 22. 23. 24. 25. C. C. SCHOOL DIST. THE TRANSPORT CO. OF TEXAS C.C. IND. SCHOOL DIST. ANY REED DAYTON STARTING ATIGREENWOOD DRIVE S 638.3 L.F. Curb, Gutter & P 3,191.5 S.F. Sidewalk 1,369.88 L.F Curb,Gutter &Pvmt 5,479.52 S.F Sidewalk 11443.71 L.F Curb,Gutter &Pvm 7,218.55 S.F Sidewalk •387.24 L.F Curb,Gutter&Pvmt (-1,548.96 1 Sidewalk *Not Assessed Total Footage Due to Highway 286 Construction Plans Total Contract Price Paving Assessment 186,819.96 6t, 96:9 6, 6,0 %/ Total C.C. Ind. School District - 64,516.90 Storm Sewer Participating By Separate Aggrement TOTAL COST TO CITY - 6 4g31;� 4014 70 �• q 9.19 1 5,865.98 o.45 1,436.18 7, 5.56 7,616.53 0.36 1,972.63 9, 9.19 13,267.69 0.45 3,248-35 16, 5.56 2,153.05 0.36 557.63 C. Indepe dent School Distr ct Paving Assessment $ 46,Oi Storm Eewer 64,5 Total larticipation $110,51 )4.73 .6.90 '1.63 i 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 IMPROVEMENTS ON SAID PORTION OF MCARDLE ROAD, ALL CERTIFICATES HEREINAFTER PROVIDED FOR, ISSUED TO EVIDENCE SAID ASSESSMENTS AGAINST SAID PARCELS OF PROPERTY ABUTTING UPON SAID STREET, 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 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 -7- �J OF WARDLE ROAD, 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 Y HEREOF. TOGETHER WITH INTEREST THEREON AT THE RATE OF FIVE PERCENT (5 %) PER ANNUM WITH REASONABLE ATTORNEYS FEE AND ALL COSTS AND EXPENSES OF COLLECTION, IF INCURRED, ARE HEREBY DECLARED TO BE MADE A FIRST AND PRIOR LIEN UPON THE RESPECTIVE PARCELS OF PROPERTY, AGAINST WHICH SAME ARE ASSESSED FROM AND AFTER THE DATE SAID IMPROVEMENTS WERE ORDERED BY SAID CITY COUNCIL, TO -WIT: WCH 29, 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 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, RE- SPECTIVELY, ONE EACH MONTH BEGINNING SIXTY (60) DAYS AFTER THE DATE OF ACCEPTANCE, DEFERRED PAYMENTS TO BEAR INTEREST FROM DATE OF SAID ACCEPTANCE AT THE RATE OF FIVE PERCENT (5 %) PER ANNUM, PAYABLE MONTHLY CONCURRENTLY WITH EACH OF SAID INSTALLMENTS PAST DUE INSTALLMENTS OF PRINCIPAL AND INTEREST TO BEAR INTEREST AT THE SAME RATE PER ANNUM UNTIL PAID HOWEVER, PROVIDED THAT ANY OWNER OF SUCH PROPERTY SHALL HAVE THE RIGHT TO PAY OFF THE ENTIRE SUM OF SUCH ASSESSMENT, OR ANY INSTALLMENT THEREOF, BEFORE MATURITY, BY PAYING PRINCIPAL AND ACCRUED INTEREST TO DATE OF SAID PAYMENT; AND PRO- VIDED, FURTHER, THAT IF DEFAULT SHALL BE MADE IN THE PAYMENT OF ANY INSTALL- MENT OF PRINCIPAL OR INTEREST WHEN DUE, THEN THE ENTIRE AMOUNT OF SAID ASSESSMENT UPON WHICH SUCH DEFAULT IS MADE, SHALL, AT THE OPTION OF SLOVAK BROTHERS, THEIR SUCCESSORS OR ASSIGNS, BE, AND BECOME IMMEDIATELY DUE AND PAYABLE AND SHALL BE COLLECTIBLE TOGETHER WITH REASONABLE ATTORNEYS FEES AND ALL COSTS AND EXPENSES OF COLLECTION, IF INCURRED. n 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 CERTI- FICATE 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 SLOVAK BROTHERS, 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 COLLECTIBLE WITH REASONABLE ATTORNEYS 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 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: MARCH 29, 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 SLOVAK BROTHERS, OR THEIR SUCCESSORS AND ASSIGNS, BY THE SALE OR THE PROPERTY THEREIN DESCRIBED IN THE MANNER PROVIDED FOR THE COLLECTION OF AD VALOREM TAXES AS ABOVE RECITED, OR BY SUIT IN ANY COURT HAVING JURISDICTION. THAT SAID CERTIFICATES SHALL FURTHER RECITE IN EFFECT THAT ALL THE PROCEEDINGS WITH REFERENCE TO MAKING SAID IMPROVEMENTS HAVE BEEN REGU- LARLY HAD IN COMPLIANCE WITH THE LAW AND CHARTER IN FORCE IN SAID CITY AND THE PROCEEDINGS OF SAID CITY COUNCIL OF SAID CITY, AND THAT ALL PRE- REQUISITES TO THE FIXING OF THE ASSESSMENT LIEN AGAINST THE PROPERTY THEREIN DESCRIBED, OR ATTEMPTED TO BE DESCRIBED, AND THE PERSONAL LIABILITY OF THE REAL AND TRUE OWNER OR OWNERS THEREOF, EVIDENCED BY SUCH CERTIFICATES, HAVE BEEN 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. -9- 71 • • 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 SLOVAK BROTHERS 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 SLOVAK BROTHERS VALID ASSESSMENTS AND ASSESSMENT CERTIFICATES AND SHALL EXERCISE ALL OF ITS LAWFUL POWERS AND AID IN THE ENFORCEMENT AND COLLECTION OF SAID LIENS AND ASSESSMENTS; AND IF DEFAULT SHALL BE MADE IN THE PAYMENT OF ANY OF SAID SUMS HEREIN ASSESSED AGAINST THE SAID PARCELS OF PROPERTY, AND THE REAL AND TRUE OWNER OR OWNERS THEREOF, COLLECTION THEREOF SHALL BE ENFORCED AT THE OPTION OF SLOVAK BROTHERS, THEIR SUCCESSORS OR ASSIGNS, EITHER BY SUIT IN ANY COURT HAVING JURISDICTION OR BY SALE OF THE PROPERTY ASSESSED AS NEARLY AS POSSIBLE IN THE MANNER AS MAY BE PROVIDED BY LAW AND CHARTER IN FORCE IN SAID CITY FOR THE SALE OF PROPERTY FOR THE COLLECTION OF AD VALOREM TAXES. SECTION 7. THAT FOR THE PURPOSE OF EVIDENCING SAID ASSESSMENTS, THE LIENS SECURING SAME AND THE SEVERAL SUMS ASSESSED AGAINST THE SAID PAR- CELS OF PROPERTY AND THE REAL AND TRUE OWNER OR OWNERS THEREOF AND THE TIME AND TERMS OF PAYMENT, AND TO AID IN THE ENFORCEMENT THEREOF, ASSIGNABLE CERTIFICATES SHALL BE ISSUED BY THE CITY OF CORPUS CHRISTI, TEXAS, TO SLOVAK BROTHERS UPON THE COMPLETION OF SAID IMPROVEMENTS IN SAID STREETS AND ACCEPTANCE THEREOF BY SAID CITY COUNCIL, WHICH CERTIFICATES SHALL BE EXECUTED BY THE MAYOR IN THE NAME OF THE CITY ATTESTED BY THE CITY SECRETARY WITH THE CORPORATE SEAL OF SAID CITY AND WHICH 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 IM- PROVEMENTS FOR WHICH THE CERTIFICATE IS ISSUED, AND SHALL CONTAIN THE NAMES OF THE APPARENT TRUE OWNER OR OWNERS AS ACCURATELY AS POSSIBLE, AND THE DESCRIPTION OF THE PROPERTY ASSESSED BY LOT AND BLOCK NUMBER, OR FRONT FOOT THEREOF OR SUCH OTHER DESCRIPTION AS MAY OTHERWISE IDENTIFY THE SAME, AND IF THE SAID PROPERTY SHALL BE OWNED BY AN ESTATE OR FIRM, THEN TO SO STATE THE FACT SHALL BE SUFFICIENT AND NO ERROR OR MISTAKE IN DESCRIBING SUCH -10- 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 CERTI- FICATE 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 SLOVAK BROTHERS, 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 COLLECTIBLE WITH REASONABLE ATTORNEYS 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 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: MARCH 29, 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 SLOVAK BROTHERS, OR THEIR SUCCESSORS AND ASSIGNS, BY THE SALE OF 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 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 DONE AND PERFORMED, WHICH RECITALS SHALL BE EVIDENCE OF ALL THE MATTERS AND 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 THEREOF, WHICH MAY BE 9 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 S. 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 BED 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 STREET, 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 AND ARE IN ACCORDANCE WITH THE PROCEEDINGS OF SAID CITY COUNCIL RELATIVE TO SAID IMPROVEMENTS AND ASSESSMENTS THEREFOR, AND WITH THE TERMS, POWERS, AND PROVISIONS OF SAID CHAPTER 106 OF THE ACTS OF THE FIRST - CALLED SESSION OF THE BOTH LEGISLATURE OF THE STATE OF TEXAS, KNOWN AS ARTICLE 11058 OF VERNON'S ANNOTATED CIVIL STATUTES OF TEXAS AND THE CHARTER OF THE CITY OF CORPUS CHRISTI, TEXAS, UNDER WHICH TERMS, POWERS AND PROVISIONS SAID PRO- CEEDINGS, SAID IMPROVEMENTS AND ASSESSMENTS WERE HAD AND MADE BY SAID CITY COUNCIL. -12- i t 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 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 -2L'-Z °� DAY OF / 1967- ATTEST„ 0 r THE CITY OF CORPUS CHRISTI, TEXAS APPROVED AS TO LEGAL FORM THIS DAY OF 1967: v CITY ATTORNEY i CORPUS CHRISTI /, TEXAS 12�_ .DAY OF , , 19�, TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY - CLAUSE OF THE FOREGOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN- SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTI.ON 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; 1, THEREFORE, REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI- NANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, R ,`7 THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JACK R. BLACKMON RONNIE SIZEMORE V. A. "DICK" BRADLEY, JR., J. A. "JACK" GRANT LIV P. JIMENEZ, JR., M.D. GABE LOZANO, SR. KEN MCDANIEL THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: JACK R. BLACKMON V j_ r9 RONNIE SIZEMORE ✓' �-,A�y� V. A. "DICK" BRADLEY, JR., -t�J J. A. "JACK" GRANT C �UCrj�(,�,J� L P. JIMENEZ, JR., M. D. J GAGE LOZA NO, SR. L KEN MCDANIEL (LLJXJ