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Home My WebLink About08755 ORD - 02/14/1968..n n :C -14 -00 w AN ORDINANCE CLOSING THE HEARING GIVEN TO THE REAL AND TRUE OWNERS OF PROPERTY ABUTTING UPON EVERHART ROAD, FROM AVALON TO STAPLES AND THAT PORTION OF GOLLIHAR ROAD FROM AYERS TO S.H. 2 AS TO SPECIAL BENEFITS TO ACCRUE TO SAID PROPERTY AND THE REAL AND TRUE OWNERS THEREOF PY VIRTUE OF THE IMPROVEMENT OF SAID STREETS WITHIN THE LIMITS DEFINED, AND AS TO ANY ERRORS, AND INVALIDITIES OR IRREGULARITIES LANY OF THE PROCEEDINGS OR CONTRACT THEREOF, OVERRULING AND DENYING•ALL PROTESTS AND OBJEC- TIONS OFFLRED, EXCEPT THE CHANGES REFLECTED HEREIN: FINDING AND DETERMINING THAT THE PROPERTY ABUTTING UPON SAID STREETS, WITHIN THE LIMITS DEFINED, WILL BE SPECIALLY BENEFITTED AND ENHANCED IN VALUE IN EXCESS OF THE AMOUNT OF THE COST OF SAID IMPROVEMENTS PROPOSED TO BE AND AS HEREIN ASSESSED AGAINST SAID PROPERTY ABUTTING UPON A PORTION OF EVERHART ROAD AND GOLLIHAR ROAD, WITHIN THE LIMITS DEFINED, AND LEVYING AN ASSESSMENT FOR THE PAY- MENT OF A PORTION OF THE COST OF IMPROVEMENTS ON SAID STREETS, WITHIN SAID LIMITS, FIXING A CHARGE AND LIEN AGAINST THE PROPERTY ABUTTING UPON SAID STREETS AND THE REAL AND TRUE OWNERS THEREOF, PROVIDING FOR THE ISSUANCE OF ASSIGNABLE CERTIFICAT UPON THE COMPLE- TION AND ACCEPTAN ES CE OF SAID WORK, THE MANNER AND TIME OF PAYMENT AND PROVIDING THE MANNER AND METHOD OF COLLEC- TION OF SAID ASSESSMENTS AND CERTIFICATES; AND DECLARING AN EMERGENCY. WHEREAS, THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS, BY DULY ENACTED ORDINANCE PASSED AND APPROVED ON JANUARY 77, 7968, DETERMINED THE NECESSITY FOR, AND ORDERED THE IMPROVEMENT OF A PORTION OF EVERHART ROAD, FROM AVALON TO STAPLES, AND A PORTION OF GOLLIHAR ROAD, FROM AYERS TO S.H. 286, WITHIN THE LIMITS HEREINAFTER DEFINED, IN THE MANNER AND ACCORDING TO THE PLANS AND SPECIFICATIONS HERETOFORE APPROVED AND ADOPTED BY THE CITY COUNCIL BY ORDINANCE DATED JANUARY 771 7968, SAID PORTION OF SAID STREETS TO BE IMPROVED BEING AS FOLLOWS, TO -WIT: I. A PORTION OF EVERHART ROAD, FROM AVALON TO STAPLES; 2. A PORTION OF GOLLIHAR ROAD, FROM AYERS STREET TO S.H. 286; 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, TEDAS, AFTER HAVING ADVERTISED FOR AND RECEIVED BIDS ON THE CONSTRUCTION OF SAID IMPROVEMENTS FOR THE LENTGH 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 Y7 �5_ 5" M M AVAILABLE FOR SUCH PURPOSE TO COVER THE ESTIMATED COST OF SAID IMPROVE- MENTS TO SAID CITY, ALL AS PROVIDED BY THE CORPUS CHRISTI CITY CHARTER AND BY LAW, DID AWARD A CONTRACT FOR THE CONSTRUCTION OF SAID IMPROVE- MENTS TO KING CONSTRUCTION COMPANY ON THEIR LOWEST AND MOST ADVANTAGEOUS BID AND SAID CONTRACT HAS BEEN HERETOFORE DULY EXECUTED BY SAID CITY OF C05PU5 CHRISTI AND KING CONSTRUCTION COMPANY AND 15 DATED FEBRUARY 14, 1908, AND THE PERFORMANCE BOND REQUIRED BY SAID CONTRACT HAS BEEN PROPERLY FURNISHED BY SAID KING 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 EVERHART ROAD AND A PORTION OF GOLLIHAR ROAD, WITHIN THE LIMITS HEREIN DEFINED, TO BE IMPROVED, AND THE REAL AND TRUE OWNERS THEREOF, AND SAID DIRECTOR OF PUBLIC WORKS HAS HERE- TOFORE 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 17, 1968, 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 7, 1968 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 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 -2- �i 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 NEWSPAPER AT LEAST THREE TIMES PRIOR TO THE DATE OF SAID HEARING, THE FIRST PUBLICATION OF WHICH 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 ACTS OF THE FIRST CALLED SESSION OF THE 40TH 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 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 REQUIREMENTS OF SAID NOTICE AS PROVIDED BY THE LAWS OF THE STATE OF TEXAS, AND THE CHARTER OF THE CITY OF CORPUS CHRISTI, TEXAS, AND SHALL NOT IN ANY MANNER BE CONCLUSIVE OF THE REAL AND TRUE OWNERS OR OF THE CORRECT DESCRIPTIONS OF SAID ABUTTING PROPERTY NOR LIMIT SAID NOTICE TO THE PROPERTIES DESCRIBED OR TO SUCH APPARENT OWNERS NAMED THEREIN, BUT SAID NOTICE SHALL NEVERTHELESS BE DIRECTED TO THE REAL AND TRUE OWNERS OF SAID ABUTTING PROPERTY, WHETHER NAMED OR CORRECTLY NAMED THEREIN OR NOT, AND TO ALL OTHERS CLAIMING, OWNING OR INTERESTED IN ANY MANNER IN ANY OF SAID ABUTTING PROPERTY ON SAID STREETS WITHIN THE LIMITS ABOVE DEFINED; 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 - 3- w • IDENTIFIEDy WAS DULY GIVEN PUBLICATION OF SAME IN THE CORPUS CHRISTI TIMES A NEWSPAPER PUBLISHED IN THE CITY OF CORPUS CHRISTI TEXAS ON JANUARY 26, 19681 JANUARY 311 1968 AND FEBRUARY 5� 1968� 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, OF WHICH NOTICE WAS GIVEN, WAS OPENED AND HELD ON FEBRUARY 7, 1968j 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: -4- Minutes Regular Council Meeting February 7, 1968 Page 6 i Townsend explained that the ordinance had been read the second time t be legally rea t ird time before a period of 30 days from its first an i a vote of the Council indicated u-n ravel of the ordinance, Wyatt was advised that some preliminary construction could be begun on the Following a brief recess, at which time Commissioner McDaniel was excused, Mayor Blackmon reconvened the meeting, and stated that a quorum was present, and announced the Council would now hold the public hearing scheduled on assessments for the proposed street improvements on Everhart Road, from Avalon to South Staples, and on Gollihor Road from S. H. 286 to Ayers Street. Mayor Blackmon explained that each member of the Council had been presented with a Preliminary Assessment Roll, and stated 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 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, presented the plans for the proposed improve- ments; testified to the nature, extent and specifications of the proposed improvements; stated that the total contract price of the project is $138,390.10; that the total assessments are $65,895.15, and that the total cost to the City is $72,494.95; explained the manner in which such pro rata share was computed, and how these assessments may be paid. Mr. Harold Carr 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; 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. w w Minutes Regular Council Meeting February 7, 1968 Page 7 Mr. Lontos and Mr. Carr were questioned as to specifical ions, rates and assessments, by Carl Austin, C. T. Price, John Phillips, Vernon Schultz, and Mrs. Eugene R. Mauer, Mayor Blackmon relinquished the Chair to Mayor Pro Tem Ronnie Sizemore and departed. Mayor Pro Tern Sizemore announced he would call the names of the property owners as they appeared on the Assessment Roll, and that every owner would be given an opportunity to speak, and the following appeared: Item 05, Eugene R. Mauer - Mrs. Mauer appeared and inquired if she would be required to install the driveway, and if so, would it be required to connect onto the street. Mrs. Mauer also sought information in regard to how she would be required to make payments for the assessments. Item 414, Corral T. Price - Mr. Price asked for clarification of reports he had received with regard to the amount of his front yard to be taken for the improvements, stating that if the report is correct that they will take 30 percent of the yard, he is protesting. This was clarified to his satisfaction. Item 022, Mrs. Maudy N. Beason - Mrs. Beason stated that she had appeared before the Council three times requesting business zoning of her property and had been denied, but that she was being assessed the commercial rate for these improvements, and that she is protesting on that basis. Item 046, Mr. Carl Austin - Mr. Austin, representing the Kayo Service Station properly, appeared and protested the amount of the assessment, on the basis he did not feel the profits made from the business at this location was commensurate with the rate it is being assessed. Item #49, Mr. Vernon Schultz- Mr. Schultz, representing the Corpus Christi Lodge #34, stated that the income from the Lodge is not an amount comparable to the amount being assessed; inquired if there was a possibility of it being reduced, and as to what recourse the property owner has If the assessments are not acceptable. Mr. Schultz stated that the Minutes Regular Council Meeting February 7, 1968 Page 8 assessment amounts to almost the amount paid for the property originally, and assuming the property would be enhanced in the amount it is assessed, stated that it would be several years before the $4,950 could be recovered in benefits. Mr. Schultz pointed out a mathemat- ical error in connection with the subject property appearing on the assessment roll as $4,950. Mr. Lantos stated it was an error and would be changed to show the correct figure of $4,886.67. Mr. Carr stated that the increase in all the property values in the area of the Crosstown Expressway have been fantastic, and stated that, in his opinion, this particular property is specifically enhanced. Mr. Arthur Vinson appeared and requested that the economical advantage of the property owner installing driveways during the construction of the project be explained for the benefit of those present in the audience. Mr. Lantos explained that if the driveways are not installed during the construction, and it is decided they are desired at a later date, the property owner will have to employ a private contractor at a higher cost to them. ments. No one else appeared to be heard in connection with the proposed street improve- Motion by Lozano, seconded by Roberts and passed, that the hearing be closed. Motion by Roberts, seconded by Jimenez and passed, that the matter of assessments on the foregoing street improvement project be tabled for further consideration. There being no further business to come before the Council, the meeting was adjourned. M to 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, 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 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, INVALIDITES 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 STATE- MENTS, SAID CITY COUNCIL FINDS THAT EACH AND EVERY PARCEL OF PROPERTY ABUTTING UPON THE PORTIONS OF EVERHART ROAD AND GOLLIHAR 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, 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 -5- a.. .. .... 0 TO BE VALID AND 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 EVERHART ROAD AND GOLLIHAR ROAD, WITHIN THE LIMITS DEFINED, AND THE REAL AND TRUE OWNERS THEREOF, ARE JUST AND EQUITABLE AND DID ADOPT THE RULE OF APPORTION- MENT 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 EVERHART ROAD AND GOLLIHAR 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 STREETS UPON WHICH SAID PROPERTY ABUTS, WILL BE IN EXCESS OF THE AMOUNT OF THE COST OF SAID IMPROVE- MENTS AS PROPOSED TO BE, AND AS HEREIN,ASSESSED AGAINST SAID ABUTTING PROPERTY AND THE REAL AND TRUE OWNERS THEREOF, AND FINDS THAT THE APPORTION- MENT 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 0 w 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 ORDINANCE, 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 CITY1 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 11056 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 NOT, 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 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: _7_ Everhart Road from Avalon to S. Staples Gollihar Road from S. H. 286 to Ayers Street This project will be designated as: r (1) Everhart Roadi from Avalon to S. Staples #220 -67 -89 This section s to be constructed by excavation to a width and depth to permit the laying of standard 6" curb and gutter section and a pavement consisting of 7" lime stabilized base, 9" compacted caliche, prime coat and 2" type "D" asphaltic concrete surface to a width of 54' measured from face to face of curbs and a 4' wide concrete sidewalk except 5' wide or more where tied to curbs. Also to be constructed are concrete driveways, storm sewers and appurten- ances as needed. (2) Gollihar Road, from S. H. 286 to Ayers Street #220 -67 -86 The construction of this portion of the project shall consist of the following: Excavation to a width and depth to permit construc- tion of 6" curbs and gutters and a 6" lime stabilized base, 10" compacted caliche, prime coat and 2" type "D" asphaltic concrete surface to a width of 66' measured from face to face of curbs, 5' wide sidewalks, tied to curbs, storm sewers and appurtenances, con- crete driveways as needed, are also included. Assessment rates have been determined by calculating the unit bid prices as applied to the front footage of the abutting properties as follows: Property zoned and used R -1 or R -2 $ 5.88 p.l.f. Curb, gutter, pvmt. Property zoned or used other than R -1 or R -2 Curb, gutter, pvmt. Typical width Everhart Road $11.62 p.l.f. Gollihar Road $14.34 p.l.f. Widened section of Everhart & Staples, other than R -1 or R -2; curb, gutter, pvmt. $12.34 p.l.f. All Sidewalk 0.38 p.s.f. Edge Thickening for Sidewalk 0.26 p.l.f. All Driveway $ 0.85 p.s.f. Where pavement is to be widened, the rate was applied by calculating the pavement cost only. Credit is being given for all existing standard im- provements. Total Contract Price $138,390.10 Total Assessments 4a,4 97 Total Cost to City -72i#94.--95 71 gF/ /3 Sheet EVERHART.ROAD - Avalon Street to'South Staples Street, King Construction Company Zoned & Used R -1 or R -2, C.G. & Pavement $ Zoned & Used Other Than R -1 or R -2 p.l.f.$ Assessment Rate, Sidewalk per sq. ft. $ Assessment Rate, Driveway per sq. ft. $ N0. OWNER & PROPERTY DESCRIPTION QUANTITY ASSESSED DESCRIPTION OF ASSESSMENT RATE AMOUNT TOTAL AMOUNT ASSESSED BEGINNING Al AVALON STREET South Side 1. EARL QUIDORT (3.53) Lot 1, Block 6, Alameda Park 130.00 L.F. Curb,gutter,pvmt. 5.85 458.90 60% assessed. R -1 or R -2 460.00 S.F. Sidewalk 0.23 105.80 Zoned and Used 209.00 S.F. Driveway 15' 0.85 177.65 742.35 2. RAY WASSERMAN Lot 36, Block 6, Alameda Pk. 62.00 L.F. Curb,gutter,pvmt. 5.88 364.56 R -1 or R -2 Zoned & Used 208.00 S.F. Sidewalk 0.38 79.04 100% assessed 141.52 S.F. Driveway 10' 0.85 120.29 563.59 3. WILLIAM J. GANEM Lot 35, Block 6, Alameda Pk. 62.00 L.F. Curb,gutter,pvmt. 5.88 364.56 R -1 or R -2 Zoned & Used 208.00 S.F. Sidewalk 0.38 79.04 100% assessed 141.52 S.F. Driveway 10' 0.85 120.29 563.59 4. CLARA M. HON.EYCUTT Lot 34, Block 6, Alameda Pk. 62.00 L.F. Curb,gutter,pvmt. 5.88 364.56 R -1 or R -2 Zoned & Used 208.00 S.F. Sidewalk 0.38 79.04 100% assessed 136.52 S.F. Driveway 10' 0.85 116.4+ 559.64 5. EUGENE R. MAUER Lot 33, Block 6, Alameda Pk. 62.00 L.F. Curb,gutter,pvmt. 5.88 364.56 R -1 or R -2 Zoned & Used 208.00 S.F. Sidewalk 0.38 79.04 100% assessed 131.52 S.F. Driveway 10' 0.85 111.E 555.38 6. C. I. CURRIER Lot 32, Block 6, Alameda Pk. 62.00 L.F. Curb,gutter,pvmt. 5.85 364.56 R -1 or R -2 Zoned & Used 208.00 S.F. Sidewalk 0.38 79.04 100% assessed 126.52 S.F. Driveway 10' 0.85 107.54 551.14 • Sheet EVERBART.ROAD - Avalon to South Staples King Construction Comp? nv Zoned & Used R -1 or R -21 C.G. & Pavement $ Zoned & Used Other.Than R -1 or R -2 p.l.f.$ Assessment Rate, Sidewalk per sq. ft. $ Assessment Rate, Driveway per sq. ft. $ N0. I OWNER & PROPERTY DESCRIPTION I ASSE SID I ASSEOSMENTN RATE (AMOUNT TOTAL AMOUNT 7. M. A. MORRIS Lot 31, Block 6, Alameda Park 62.00 L.F. Curb,gutter,pvmt. 5.88 364.56 R -1 or R -2 Zoned & Used 208.00 S.F. Sidewalk 0.38 79.04 100% assessed 121.52 S.F. Driveway 10' 0.85 103.29 546.89 8. JAMES HOWARD Lot 30, Block 6, Alameda Park 62.00 L.F. Curb,gutter,pvmt. 5.88 364.56 R -1 or R -2 Zoned & Used 200.00 S.F. Sidewalk 0.38 76.00 100% assessed 141.52 S.F. Driveway '12' 0.85 120.29 560.85 9. WAYNE E. GOOD Lot 29, Block 6, Alameda Park 62.00 L.F. Curb,gutter,pvmt. 5.88 364.56 R -1 or R -2 Zoned & Used 208.00 S.F. Sidewalk 0.38 79.04 100% assessed 121.52 S.F. Driveway 10' 0.85 103.29 546.89 10. SANEST A. PARROTT Lot 28, Block 6, Alameda Park 62.00 L.F. Curb,gutter,pvmt. 5.88 364.56 R -1 or R -2 Zoned & Used 208.00 S.F. Sidewalk 0.38 79.04 100% assessed 116.52 S.F. Driveway 10' 0.85 9g.o4 542.64 11. ROSS ISHERWOOD COMPANY Lot 27, Block 6, Alameda Park 62.00 L.F. Curb,gutter,pvmt. 5.88 364.56 R -1 or R -2 Zoned & Used 208.00 S.F. Sidewalk 0.38 79.04 100% assessed 116.52 S.F. Driveway 10' 0.85 99.04, 542.64 12. JOSE F. HIKOJOSA Lot 26, Block 6, Alameda Park 62.00 L.F. Curb,gutter,pvmt. 5.88 364.56 R -1 or R -2 Zoned & Used 208.00 S.F. Sidewalk 0.38 79.04 100% assessed 111.52 S.F. Driveway 10' 0.85 94.79 536-39 • Sheet _ EVERHART ROAD - Avalon to S. Staples Street King Construction Co. Zoned & Used R -1 or R -2, C.G. & Pavement $ Zoned & Used Other Than R -1 or R -2 p.l.f.$ Assessment Rate, Sidewalk per sq. ft. $ Assessment Rate, Driveway per sq. ft. $ IT Em N0: OWNER & PROPERTY DESCRIPTION QUANTITY ASSESSED DESCRIPTION OF ASSESSMENT RATE AMOUNT TOTAL AMOUNT ASSESS= 13. D. D. YOUNG Lot 25, Block 6, Alameda Pk. 62.00 L.F. Curb,gutter,pvmt. 5.88 364.56 R -1 or R -2 Zoned & Used 208.00 S.F. Sidewalk 0.38 79.04 100% assessed 111.52 S.F. Driveway 10' 0.85 94.79 538.39 14. CARROL T. PRICE Lot 24, Block 6, Alameda Pk. 62.00 L.F. Curb,gutter,pvmt. 5.88 364.56 R -1 or R -2 Zoned & Used 208.00 S.F. Sidewalk 0.45 79•x4 100%n assessed 106.52 S.F. Driveway 10' 0.80 90.54 534.14 15. GEORGE M. KRATKO Lot 23, Block 6, Alameda Pk. 62.00 L.F. Curb,gutter,pvmt. 5.88 364.56 R -1 or R -2 Zoned & Used 208.00 S.F. Sidewalk 0.38 79.0+ 100% assessed 106.52 S.F. Driveway 10' 0.85 90.54 534.14 16. JOSEPH J. SCHULTZ (3.53) Lot 22, Block 6, Alameda Pk. 127.00 L.F. Curb,gutter,pvmt. 5.88 448.31 R -1 or R -2 Zoned & Used *96.00 S.F. Sidewalk (0.23) 22.08 60% assessed 106.52 S.F. Driveway 10' 0.85 90.54 Credit for existing improvemen s 560.93 HARRY STREW INTERSECTION 17. EVA JOYCE ARROWOOD (4.12) Lot 1, Block 7, Alameda Pk. 120.00 L.F. Curb,gutter,pvmt. 5.88 494.40 R -1 or R -2 Zoned & Used *64.00 S.F. Sidewalk 0.27 17.28 70% assessed 105.52 S.F. Driveway 12' 0.85 89.69 *Credit for existing improvemen s 601.37 I Sheet EVE, T• ROa1� - Av .lon o So h 4 .ag1 s r _ King Construction Company Zoned & Used R -1 or R -21 C.G. & Pavement $ Zoned & Used Other Than R -1 or R -2 p:l.f.$ Assessment Rate, Sidewalk per sq. ft. $ Assessment Rate, Driveway per sq. ft. $ ri:T'EM NO, OWNER & PROPERTY DESCRIPTION QUANTITY ASSESSED DESCRIPTION OF ASSESSMENT RATE AMOUNT I TOTAL AMOUNT ASSESSES 18. DENNIS R. GILES Lot 1, Sunnyside Strip 55.42 L.F. Curb,gutter,pvmt. 5.88 325.87 R -1 or R -2 Zoned & Used 173.68 S.F. Sidewalk 0.38 66.00 100% assessed 105.52 S.F. Driveway 0.85 89.69 481.56 19. MRS. R. C. BROYLES Lot 2 thru 8, Sunnyside Strip 362.00 L.F. Curb,gutter,pvmt. 5.88 2,128.56 R -1 or R -2 Zoned & Used ,368.00 S.F. Sidewalk 0.38 519.84 100% assessed 1$3.04 S.F. Driveway 2 -10' 0.85 0.85 .55.58 2,803.98 20. WILLIAM C. GHORMLEY Lot 9, Sunnyside Strip 67.00 L.F. Curb,gutter,pvmt. 5.88 393.96 R -1 or R -2 Zoned & Used 228.00 S.F. Sidewalk 0.38 86.64 100°% assessed 91.52 S.F. Driveway 10' 0.85 77.79 558.39 21. JACK E. HAWKINS All Lot 10 & N/E 2 of Lot 11 100.42 L.F. Curb,gutter,pvmt. 5.88 590.47 R -1 or R -2 Zoned & Used 361.68 S.F. Sidewalk 0.38 137.44 100%a assessed 91.52 S.F. Driveway 10' 0.85 77.79 805.70 22. MAUDY N. BEASON S1W,Vpf Lot 11 & All Lot 12 90.00 L.F. Curb,gutter,pvmt. 11.62 1,045.80 Sunnyside Strip. Zoned & Used 300.00 S.F. Sidewalk 0.38 114.00 R -1 or R -2 Other Than 231.52 S.F. Driveway 1 -30 0.85 196.79 100°% assessed 75.00 L.F. Edge Tkng. 0.26 19.50 1,376.09 23. ROS7E SLOVACEK Lot 13? Sunnyside Strip 60.00 L.F. Curb,gutter,pvmt. 11.62 697.20 Zoned`OtheT_'Than R -l.or R -2 200.00 S.F. Sidewalk 0.38 76.00 100%9 assessed 91.52 S.F. Driveway 10' 0.85 77.79 50.00 L.F. Edge Thickening 0.26 13.00 I 863.99 Sheet EVErRHART ROAD - Aval�g_fin 20 th fitaplec Street King Constr coon Company Zoned & Used R -1 or R -2, C.G. & Pavement $ Zoned & Used Other Than R -1 or R -2 p.l.f.$ Assessment Rate, Sidewalk per sq. ft. $ Assessment Rate, Driveway per sq. ft. $ NO. OYNER & PROPERTY DESCRIPTION QUANTITY ASSESSED DESCRIPTION OF TOTAL AMOUNT ASSESSMENT RATE AMOUNT ASSESSED 24. I JOHN THOMASOV Lot 14, Sunnyside Strip 50.00 L.F. Curb,gutter,pvmt. 11.62 581.00 Zoned & Used Other Than R -1 or R -2. 1000 assessed 150.00 S.F. 161.52 S.F. Sidewalk Driveway P-0' 0.38 0.85 S7.00 137.29 775.29 25• JANET F. FRANK Lot 15, Sunnyside Strip 50.00 L.F. Curb,gutter,pvmt. 5.88 291+.00 Zoned & Used R -1 or R -2 100% assessed 200.00 S.F. -0- Sidewalk Driveway 0.38 0.85 76.00 -0- 370.00 JACQUELYN fflTREET INTE.RSECTIO 26. GERALD D. HINES Lot "B ", S. Staples Center 107.43 L.F. Curb,gutter,pvmt. 12.34 ,325.68 Zoned & Used Other Than R -1 or R -2. 100% assessed 329.72 S.F. 322.56 S.F. Sidewalk Driveway 25' 0.38 0.85 125.29 274.18 1,725.17 27. SINCLAIR REFINNIUG COMPANY Lot "A ", S. Staples Center 80% of z w dth of street Zoned & Used Other Than R -1 119.24 L.F. Pavement Only 10.81 1,288.98 or R -2 -0- Sidewalk .0.38 -0- 25.00 L.F. Header Curb 1.60 40.00 1,328.98 SOUTH STAPLE STREET IINTERSEC ON End South fflide Everhart Rd. . Sheet �6 ElMiHART u0 Avalon to S. Staples Street —King Construction Com-pany Zoned & Used R -1 or R -2, C.G. & Pavement $ Zoned & Used Other Than R -1 or R -2 p.l.f.$ Assessment Rate, Sidewalk per sq. ft. $ Assessment Rate, Driveway per sq. ft. $ i 1re�I N0. OWNER & PROPERTY DESCRIPTION QUANTITY DESCRIPTION TOTAL ASSESSED OF AMOUNT ASSESSMENT RATE AMOUNT ASSESSED SOUTH STAPLES INTERSECTION 28. HUMBLE OIL & REFG. COMPANY 7 w,orM 84.48' x 168.10' out of 84.48 L.F. Pavement Only 2.08 175.72 F.B.E.F.&G. TRACT -0- Sidewalk -0- B4 Zoned & Used -0- Driveway -0- 175.72 PARKDALE DRIN E INTERSECTION 29. PARKDALE BANK BUILDING, INC. d'y„,arN Bank Park Plaza, Lot 1 279.63 L.F. Pavement Only .1.79 500.54 Zoned & Used Other Than R -1 662.80 S.F. Driveway 0.85 533.80 or R -2 878.52 S.F. Sidewalk 0.38 333.84 1,368.18 END OF SOU EH SIDE . Sheet •�_ EVERHART•ROAD - Avalon to South Staples Street King Construction Company Zoned & Used R -1 or R -2, C.G. & Pavement $ Zoned & Used Other Than R -1 or R -2 p.l.f.$ Assessment Rate, Sidewalk per sq. ft. $ Assessment Rate, Driveway per sq. ft. $ ITEM NO. OWNER & PROPERTY DESCRIPTION QUANTITY DESCRIPTION TOTAL ASSESSED OF AMOUNT ASSESSMENT RATE AMOUNT ASSESSED BEGINNING N.P.L. of BLOCK 34 POPE PLACE UNIT 5, TARPON PLACE NORM SIDE 30. EDDIE BUBIDAR (5.76) Lot 10, Block 34, Pope Place 145.00 L.F. Curb,gutter,pvmt. 5.88 835.20 R -1 or R -2 Zoned & Used 580.00 S.F. Sidewalk x(0.37) 214.60 98% assessed -0- Driveway 0.85 -0- 1,049.80 31. ANTONIO HERNANDEZ, M.D. (5.59) Lot 1, Block 34, Pope Place 145.00 L.F. b,gutter,pvmt. 5.88 810.55 R -1 or R -2 Zoned & Used 580.00 S.F. Sidewalk (0.36) 208.80 95% assessed -0- Driveway 0.85 -0- 1,019.35 MERIDIAN PEACE INTERSECTION 32. JAMES W. LENNEN (5.70) Lot 24, Block 33, Pope Place 145.00 L.F. Curb,gutter,pvmt. 5.88 826.50 Unit 5, R -1 or R -2 Zoned & Used 96.93% assessed 580.00 S.F. -0- Sidewalk Driveway (0.3� 0.85 214.60 -0- 1, 4+1.10 33• LLOYD C. MILLER (5.35) Lot 1, Block 33, Pope Place 145.00 L.F. Curb,gutter,pvmt. 5.88 775.75 Unit 5, R -1 or R -2 Zoned & Used 90.95% assessed 580.00 S.F. -0- Sidewalk Driveway (0.35) 0.85 203.00 -0- 978.75 POMPANO PEkCE INTERSECTION 34. ALETA F. WHITTLESEY (5.55) Lot 14, Block 32, Pope Place 145.00 L.F. Curb,gutter,pvmt. 5.88 804.75 Unit 5, R -1 or R -2 Zoned & Used 580.00 S.F. Sidewalk 0.36) 208.80 94.33% assessed -0- Driveway 0.85 -0- ,013.55 36. 37. 38. 39. 4o. OLIVERO EVEREST Lot 1, Block 31, Pope Place Unit 5, R -1 or R -2 Zoned & Used 100% assessed LUTHERAN CHURCH Church Use - R -1 rate Assessed 100% assessed JEWISH COMMUNITY COUNCIL OF CO Lot B -1 out of Paisley Tract Church Use - R -1 rate assed. 100% assessed OMITTED WAYNE R. JACKSON Lot "A" Paisley Tract 100% assessed 150.16 L.F Curb,gutter,pvmt. 600.64 S.F.Sidewalk -0- [Driveway 385.00 L.F.Curb,gutter,pvmt. 1,340.00 S.F.Sideialk 893.o4 S.F.Driveway 25' 3PUS CHRISTI 394.50 L.F.Curb,gutter,pvmt. 1,378.00 S.F.Sidewalk 893.04 S.F.Driveways 2 -25' 87.67 L.F. urb,gutter,pvmt. 329.00 S.F. idewalk 510.12 S.F, iveways 2 -20' 30.00 L.F. eader Curb 5.88 Sheet � 8 EVERHART ROAD - Avalon to South Staples Street King Construction Company 228.24 Zoned & Used R -1 or R -2, C.G. & Pavement $ 0.85 Zoned & Used Other Than R -1 or R -2 p.l.f.$ Assessment Rate, Sidewalk per sq. ft. $ Assessment Rate, Driveway per sq. ft. $ iTHM 2,263.80 0.38 509.20 o.85 N0. OWNER & PROPERTY DESCRIPTION QUANTITY DESCRIPTION ,532.08 TOTAL ASSESSED OF AMOUNT ASSESSMENT RATE AMOUNT ASSESSL= 35. VICTOR MEDINA (4.85) Lot 1, Block 32, Pope Place 145.00 L.F Curb,gutter,pvmt. 5.88 703.25 Unit 51 R -1 or R -2 Zoned & 580.00 S.F. Sidewalk (0.31) 179.80 Used 82.40% assessed -0- Driveway 0.85 -0- 883.05 36. 37. 38. 39. 4o. OLIVERO EVEREST Lot 1, Block 31, Pope Place Unit 5, R -1 or R -2 Zoned & Used 100% assessed LUTHERAN CHURCH Church Use - R -1 rate Assessed 100% assessed JEWISH COMMUNITY COUNCIL OF CO Lot B -1 out of Paisley Tract Church Use - R -1 rate assed. 100% assessed OMITTED WAYNE R. JACKSON Lot "A" Paisley Tract 100% assessed 150.16 L.F Curb,gutter,pvmt. 600.64 S.F.Sidewalk -0- [Driveway 385.00 L.F.Curb,gutter,pvmt. 1,340.00 S.F.Sideialk 893.o4 S.F.Driveway 25' 3PUS CHRISTI 394.50 L.F.Curb,gutter,pvmt. 1,378.00 S.F.Sidewalk 893.04 S.F.Driveways 2 -25' 87.67 L.F. urb,gutter,pvmt. 329.00 S.F. idewalk 510.12 S.F, iveways 2 -20' 30.00 L.F. eader Curb 5.88 882.94 0.38 228.24 0.85 -0- ]11.18 I 5.88 2,263.80 0.38 509.20 o.85 759.08 ,532.08 5.88 0.38 o.85 o.85 12.34 0.38 o.85 1.60 2,319.66 523.64 759.08. 1,081.85 125.02 433.6o 48.00 -,688.47 ITEM . Sheet �� ER�ART ROA7 - Ava_1_on tp �nt,th RtanrlPs 4rrPP+ NO. OWNER & PROPERTY DESCRIPTION QUANTITY DESCRIPTION King Construction Company TOTAL Zoned & Used R -1 or R -2, C.G. & Pavement $ AMOUNT Zoned & Used Other Than R -1 or R -2 p.l.f.$ ASSESSMENT Assessment Rate, Sidewalk per sq. ft. $ PHILLIPS PET. COMPANY Assessment Rate, Driveway per sq. ft. $ ITEM NO. OWNER & PROPERTY DESCRIPTION QUANTITY DESCRIPTION TOTAL ASSESSED OF AMOUNT ASSESSMENT RATE AMOUNT ASSESSE= 41. PHILLIPS PET. COMPANY Lot "C" out of Paisley Tract S/P Zoned & Business Use 100% assessed 125.00 L.F. 831.o0 S.F. 779.04 S.F. Pavement Only Sidewalk Driveways 2 -35t 12.34 0.38 0.85 1,542.50 315.78 662.18 35.00 L.F. Header Curb 1.60 56.00 2,576.46 STAPLES STFEET INTERSECTION 94.16 L.F. 7'wra TN Pavement Only 42. MOBILE OIL COMPANY Parkdale Village Annex "A" 2.08 195.85 out of Sec. "A ", Paisley -Hoff- -0- Sidewalk -O- man Tr. Zoned & Used R -1 or R -2 -0- Driveway -0- 195.85 PARKf)ALE IRIVE INTERSECTION 7'w,Drm Pavement Only 43• LEO J. & DANIEL GOLTZMAN Lot 1 -A, Block 2, Osage Addn. 110.01 L.F. 2.08 228.82 Zoned & Used Other Than R -1 or -0- Sidewalk -0- R -2 -0- Driveway -0- 228.82 44. ELSIE M. TE'T°T'r,Em Lot 1 -B, Block 2, Osage Addn. 80.00 L.F. 7' w I D r H Pavement Only 2.08 166.40 Zoned & Used R -1 or R -2 -0- Sidewalk -0- -0- Driveway -0- 166.4o 45. HARMON DOBSON ESTATE 3,4wrvr,4 Lot 2 -A, Block 2, Osage Addn. 100.67 L.F. Pavement Only 1.04 104.70 Zoned & Used Other Than R -1 or -0- Sidewalk -0- R-2 -0- Driveway -0- 104.70 END NORTH SIDE EVERHART ROAD End Everhar Road I rovement . Sheet 10 GOLLIHP.R ROAD - Ayers Street tc'S H 286 King Construction Company Zoned & Used R -1 or R -2, C.G. & Pavement $ Zoned & Used Other Than R -1 or R -2 p.l.f.$ Assessment Rate, Sidewalk per sq. ft. $ Assessment Rate, Driveway per sq. ft. $ ITEM NO. OWNER & PROPERTY DESCRIPTION QUANTITY DESCRIPTION TOTAL ASSESSED OF AMOUNT^_ ASSESSMENT RATE AMOUNT ASSESS BEGLWING AU AYERS STREET Side South 46. KAYO SERVICE STATION Herman & Arno Behmann 140.00 L.F, urb,gutter,pvmt. 14.34 22007.60 Lot 1, Behmann Addition 595.12 S.F. iveways 2 -35' 0.85 505.85 Zoned other than R -1 or R -2 100% assessed 50.00 L.F, 250.00 S.F. dge Thickening idewalk 0.26 0.38 13.00 95.00 2,621.45 47. HERMAN & ARNO W. BEHMANN I Pt of 10.88 ac out of Lot 9 175.00 L.F. urb,gutter,pvmt. 14.34 2,509.50 Sec. "D ", Paisley Tract 875.00 S.F. idewalk 0.38 332.50 Zoned & used other than R -1 or R -2 100% assessed 175.00 L.F. -0- dge Thickening Driveway 0.26 0.85 45.50 -0- 2,887.50 48. OMITTED 49. SONS OF HERMAN. C. C. LODGE #3 1.38 ac out of Lot 9, Sec. "D" 300.00 L.F, urb,gutter,pvmt. 14.34 41302.00 Paisley Tract, Zoned & used 1,325.00 S.F. 1dewalk 0.38 503.50 other than R -1 or R -2 265.00 L.F. dge Thickening 0.26 68.90 100% assessed 249.02 S.F. iveway 1 -35' 0.85 211.65 5,086.05 50. HERMAN & ARNO W. BEHMANN Balance of 10.88 ac out of 56.41 L.F. urb,gutter,pvmt. 14.34 808.92 Lot 9, Sec. "D ", Paisley Tr. 282.05 S.F. idewalk 0.38 107.18 Zoned other than R -1 or R -2 56.41 L.F. dge Thickening 0.26 14.67 100% assessed -0- Driveway 0.85 -0- 930.77 S. H. 286 IVTKRSECTION Gollihar Road I End South Sida • Sheet 11 GOLLTRA1 ROAD - Avers Street to I., H. 286 King Construction Company Zoned & Used R -1 or R -2, C.G. & Pavement $ Zoned & Used Other Than R -1 or R -2 p.l.f.$ Assessment Rate, Sidewalk per sq. ft. $ Assessment Rate, Driveway per sq. ft. $ .TEM N0. OWNER & PROPERTY DESCRIPTION QUANTITY DESCRIPTION TOTAL ASSESSED OF AMOUNT ASSESSMENT RATE AMOUNT ASSESSEZ- BEGINNING AT AYERS STREET Side North 51. CENTRAL POWER & LIGHT COMPANY 165' x 300' out of corner Lot 8, Sec. "D ", Paisley Tract 290.00 L.F. 1,360.00 S.F. Curb,gutter,pvmt. Sidewalk 14.34 0.38 4,158.60 516.80 Zoned Other Than R -1 or R -2 100% assessed 272.00 L.F. 129.52 S.F. Edge Thickening Driveway 18' 0.26 0.85 .70.72 110.09 4,856.21 52. NUECES COUNTY 5.41 ac out of Lot 8, Sec. "D" 400.00 L.F. Curb,gutter,pvmt. 14.34 5,736.00 Paisley Tract. Zoned Other Tha R -1 or R -2. 100% assessed ,893.50 S.F. 379.00 L.F. Sidewalk Edge Thickening 0.38 0.26 719.53 98.54 149.32 S.F Driveway o.85 izs.92 6,680.99 DILLON L M INTERSECTION 53• A. L. RANKIN .492 ac out of Section "D" 122.89 L.F. Curb,gutter,pvmt. 14.34 1,762.24 Paisley Tract. Zoned Other 614.45 S.F. Sidewalk 0.38 233.49 Than R -1 or R -2. 100% assessed 122.00 L.F. Edge Thickening 0.26 31.72 -0- Driveway .0.85 -0- 2,027.45 I. H. 286 aj5mEmm Eni Road North End Gollihar Road End Gollilvx 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 HEREINABOVE 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 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 DEFINEDy 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 PORTIONS OF EVERHART ROAD AND GOLLIHAR ROAD, ALL CERTIFICATES HEREIN AFTER 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 OF EVERHART ROAD AND GOLLIHAR ROAD, WITHIN THE LIMITS DEFINED, AND THE REAL AND TRUE OWNERS THEREOF WHETHER NAMED OR CORRECTLY NAMED HEREIN OR NOTE t7 • • SUBJECT TO THE PROVISIONS OF SECTION 4 HEREOF, TOGETHER WITH INTEREST THEREON AT THE RATE OF SIX AND ONE -HALF PERCENT (6 -1/2%) 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: JANUARY 171 19/68' AND A PERSONAL LIABILITY AND CHARGE AGAINST THE REAL AND TRUE OWNER OR OWNERS THEREOF, WHETHER OR NOT SUCH OWNER OR OWNERS BE NAMED DR 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 COUNCILS THE REMAINING INSTALLMENTS TO BE DUE AND PAYABLE RESPECTIVELY ONE EACH MONTH BEGINNING SIXTY (60) DAYS AFTER THE DATE OF ACCEPTANCE2 DEFERRED PAYMENTS TO BEAR INTEREST FROM DATE OF SAID ACCEPTANCE AT THE RATE OF SIX AND ONE -HALF PERCENT (6- 1/2%) 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; PROVIDED, HOWEVER, THAT ANY OWNER OF SUCH PROPERTY SHALL HAVE THE RIGHT TO PAY OFF THE ENTIRE AMOUNT OF SUCH ASSESSMENTS 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 DUE2 THEN THE ENTIRE AMOUNT OF SAID ASSESSMENT UPON WHICH SUCH DEFAULT 15 MADE, SHALL AT THE OPTION OF KING 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. SECTION 6. THAT THE CITY OF CORPUS CHRISTI, TEXAS, SHALL NOT IN ANY MANNER BE LIABLE FOR THE PAYMENT OF ANY SUMS HEREBY VALIDLY -9- n ASSESSED AGAINST ANY ABUTTING PROPERTY AND THE REAL AND TRUE OWNER OR OWNERS THEREOF, BUT KING 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 KING 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 THEREOF] COLLECTION THEREOF SHALL BE ENFORCED AT THE OPTION OF KING CONSTRUCTION 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 ASSESSMENTS, THE LIENS SECURING SAME AND THE SEVERAL SUMS ASSESSED AGAINST THE SAID PARCELS OF PROPERTY AND THE REAL AND TRUE OWNER OR OWNERS THEREOF AND THE TIME AND TERMS OF PAYMENTS AND TO AID IN THE ENFORCEMENT THEREOFp ASSIGNABLE CERTIFICATES SHALL BE ISSUED BY THE CITY OF CORPUS CHRISTI, TEXAS, TO KING CONSTRUCTION COMPANY UPON THE COMPLETION OF SAID IMPROVE- MENTS IN SAID STREETS AND ACCEPTANCE THEREOF BY SAID CITY COUNCIL, WHICH CERTIFICATES SHALL BE EXECUTED BY THE MAYOR IN THE NAME OF THE CITYp ATTESTED BY THE CITY SECRETARY WITH THE CORPORATE SEAL OF SAID CITYp 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 IMPROVEMENTS 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 NUMBERS 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 FIRMS THEN TO SO STATE THE FACT SHALL BE SUFFICIENT AND NO ERROR OR MISTAKE IN DESCRIBING SUCH PROPERTY OR IN 1062 • • 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 KING 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 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: JANUARY 17, 1968, AND SHALL PROVIDE IN EFFECT THAT IF DEFAULT SHALL BE MADE IN THE PAYMENT THEREOF, THE SAME MAY BE ENFORCED, AT THE OPTION OF KING CONSTRUCTION COMPANY, OR THEIR SUCCESSORS AND ASSIGNS, BY THE SALE OF THE PROPERTY THEREIN DESCRIBED IN THE MANNER PROVIDED FOR THE COLLEC- TION 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 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 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 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, • . . . I 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 PERSONAN 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 INVALI- DATE OR IMPAIR ANY ASSESSMENT LEVIED HEREBY OR ANY CERTIFICATE ISSUED AND SUCH MISTAKES OR ERRORS INVALIDITY OR IRREGULARITY WHETHER IN SUCH ASSESS- MENT OR IN THE CERTIFICATE ISSUED IN EVIDENCE THEREOF, MAY BE, BUT IS NOT REQUIRED TO BE, TO BE ENFORCEABLE CORRECTED AT ANY TIME BY THE SAID CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS. 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 ASSESSMENTS 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 THE LIMITS HEREIN DEFINED, AND THE REAL AND TRUE OWNER OR OWNERS THEREOF1 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 40TH LEGIS- LATURE 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 -12- 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 SUCH ORDINANCE SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED THAT SUCH EMERGENCY ANDNECESSITY EXIST AND HAVING REQUESTED THAT SAID CHARTER RULE BE SUSPENDED, AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE 14TH DAY OF FEBRUARY, 1968. ATTEST: i i! �J CI SECRETA Y M R THE CITY OF CORPUS CHRISTI, TEXAS APPROVED AS TO EGAL FORM THIS THE 1 DAY OF FE Y, 1968: TTY ATTORNEY i a • CORPUS CHRISTI, TEXAS 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 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 COUNCILS I, 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, YOR 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. P. JIMENEZ, JR., M.D. GABE LOZANO, SR. KEN MCDANIEL W. J. (°WRANGLER" ROBERTS THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTES JACK R. BLACKMON RONNIE SIZEMORE V. A. "DICK" BRADLEY, JR. .a P. JIMENEZ, JR., M.D. GABE LOZANO, SR. KEN MCDANIEL W. J. "WRANGLER" ROBERTS