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HomeMy WebLinkAbout08974 ORD - 08/14/19681,111 . 8/13/68 AN ORDINANCE CLOSING THE PUBLIC HEARING ON IMPROVEMENTS OF NORTH STAPLES STREET FROM KINNEY AVENUE TO I. H. 37, AND FINDING AND DETERMINING THAT PROPERTY ABUTTING SAID STREET WILL BE SPECIFICALLY BENEFITTED AND ENHANCED IN VALUE IN EXCESS OF COST OF IMPROVEMENTS, AND LEVY- ING AN ASSESSMENT FOR PAYMENT; FIXING A CHARGE AND LIEN, PROVIDING FOR ASSIGNABLE CERTIFICATES, THE MANNER AND TIME OF PAYMENT AND COLLECTION; AND DECLAR- ING AN EMERGENCY. WHEREAS, THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS, BY DULY ENACTED ORDINANCES PASSED AND APPROVED ON OCTOBER 9, 1963 AND .JULY 3, 1968, DETERMINED THE NECESSITY FOR, AND ORDERED THE IMPROVEMENT OF NORTH STAPLES STREET FROM KINNEY AVENUE TO I. H. 37, IN THE MANNER AND ACCORDING TO THE PLANS AND SPECIFICATIONS HERETOFORE APPROVED AND ADOPTED BY THE CITY COUNCIL BY ORDINANCE DATED OCTOBER 9, 1963 AND BY CHANGE ORDER HERETOFORE APPROVED ON .TUNE 19, 1968; 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 HELDENFELS BROTHERS ON THEIR LOWEST AND MOST ADVANTAGEOUS BID AND SAID CONTRACT HAS BEEN HERETOFORE DULY EXECUTED BY SAID CITY OF CORPUS CHRISTI AND HELDENFELS BROTHERS AND IS DATED SEPTEMBER 25, 1963 AND CHANGE ORDER TO CONTRACT AS HERETOFORE APPROVED, AND THE PERFORMANCE BOND REQUIRED BY SAID CONTRACT HAS BEEN PROPERLY FURNISHED BY SAID HELDENFELS BROTHERS AND ACCEPTED BY THE 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 NORTH STAPLES STREET, WITHIN THE LIMITS HEREIN DEFINED, TO BE IMPROVED, AND THE REAL AND TRUE OWNERS THEREOF, AND SAID DIRECTOR OF PUBLIC WORKS HAS HERETOFORE FILED SAID ESTIMATES AND A STATEMENT OF OTHER MATTERS RELATING THERETO WITH SAID CITY COUNCIL, AND SAME HAS BEEN RECEIVED, EXAMINED AND APPROVED BY SAID CITY COUNCIL; AND WHEREAS, SAID CITY COUNCIL, BY DULY ENACTED ORDINANCES DATED OCTOBER 9, 1963 AND JULY 3, 1968, DID DETERMINE THE NECESSITY OF LEVYING AN ASSESSMENT FOR THAT PORTION OF THE COST OF CONSTRUCTING SAID IMPROVEMENTS ON THE ABOVE NAMED STREET, WITHIN THE LIMITS HEREIN DEFINED, TO BE PAID BY THE ABUTTING PROPERTY AND THE REAL AND TRUE OWNERS THEREOF, AND DID ORDER AND SET HEARINGS TO BE HELD AT 3:00 O'CLOCK P. M. ON OCTOBER 30, 1963, AND AUGUST 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 CLAIM- ING 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, IRREGU- LARITY OR DEFICIENCY IN ANY PROCEEDINGS, OR CONTRACT, TO APPEAR AND BE HEARD IN PERSON OR BY COUNSEL AND OFFICER EVIDENCE IN REFERENCE TO SAID MATTERS; AND SAID CITY COUNCIL DID BY SAID ORDINANCES ORDER AND DIRECT THE CITY SECRETARY TO GIVE NOTICE OF SAID HEARINGS 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 CIRCULATION, SAID NOTICES TO BE PUBLISHED IN SAID NEWS- PAPER AT LEASE THREE TIMES PRIOR TO THE DATE OF SAID HEARINGS, THE FIRST PUBLICATION OF WHICH IS TO BE AT LEAST TEN (10) DAYS PRIOR THERETO, ALL AS PROVIDED FOR IN ACCORDANCE WITH THE PROVISIONS OF SAID CITY CHARTER AND OF . CHAPTER 106 OF THE FIRST CALLED SESSION OF THE 40TH LEGISLATURE OF THE STATE OF TEXAS, KNOWN AND SHOWN AS ARTICLE 11056, VERNON'S ANNOTATED CIVIL STATUTES OF TEXAS; AND -2- F* WHEREAS, SAID CITY COUNCIL DID FURTHER ORDER AND DIRECT SAID CITY SECRETARY, IN ADDITION TO SAID PUBLISHED NOTICES AS AFORESAID, WHICH WERE PROVIDED TO BE VALID AND SUFFICIENT IN THEMSELVES, 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 NOTICES SHALL MERELY BE CUMULATIVE OF AND IN ADDITION TO THE REQUIRE- MENT OF SAID NOTICES 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 NOTICES TO THE PROPERTIES DESCRIBED OR TO SUCH APPARENT OWNERS NAMED THEREIN, BUT SAID NOTICES SHALL NEVERTHE- LESS 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 NOTICES AS ORDERED AND DIRECTED BY SAID CITY COUNCIL AND AS REQUIRED BY SAID ACTS AND CHARTER OF SAID CITY AS ABOVE IDENTIFIED, WERE DULY GIVEN PUBLICATION OF SAME IN THE CORPUS CHRISTI TIMES, A NEWSPAPER PUBLISHED IN THE CITY OF CORPUS CHRISTI, TEXAS, ON OCTOBER 15, 1963, OCTOBER 22, 1963, OCTOBER 29, 1963, AND JULY 22, 1968, JULY 29, 196% AND AUGUST 5, 1968, SAID NOTICES SO PUBLISHED BEING DIRECTED TO THE OWNERS OF PROPERTY ABUTTING UPON THE STREET HEREINABOVE DESCRIBED; AND WHEREAS, AFTER DUE, REGULAR AND PROPER NOTICES THEREOF, ALL AS PROVIDED BY LAW AND THE CHARTER OF THE CITY OF CORPUS CHRISTI, SAID HEARINGS OF WHICH NOTICES WERE GIVEN, WERE OPENED AND HELD ON OCTOBER 30, 1963 AND AUGUST 7, 19681 IN THE COUNCIL CHAMBER AT CITY HALL IN THE CITY OF CORPUS CHRISTI, TEXAS, IN ACCORDANCE WITH SAID ORDINANCES AND NOTICES, 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 ORDINANCES AND NOTICES, AT WHICH TIME THE FOLLOWING APPEARED AND OFFERED THE FOLLOWING TESTIMONY: -3- Minutes Regular Council Meeting :. August 7, 1968 Page 13 Mr. McDowell explained the purpose of the public hearing and stated that the Staff would offer testimony from the City Engineer and evaluation testimony from a real estate appraiser to substantiate the assessments which appear on the Preliminary Assessment Roll, and that the hearing was to form a basis on which the Council; acting as a legislative body, would determine or establish the assessments on the abutting properties. Mr. David M. Coover, attorney and counsel for certain property owners present for this hearing, asked if the proceedings would include a complete verbatim transcript of the hearing, and was advised by City Manager Townsend that the quality of the equipment and clerical provisions complies with the requirements usually employed for the taking of minutes of the Council proceedings and the recording of same. James K. Lantos, City Engineer, testified as to his qualifications as an engineer, and presented the plans for the street improvements and the preliminary assessment roll, stating that the roll which is in the hands of members of the Council at this time is a revised assessment roll and not the same as the one which was released to the property owners prior to the hearing; testified as to the nature, extent and specifications of the proposed improvements; stated that the total contract price for the project is $140,066.15 as compared to the total contract price of $113,726.90 in 1963; that the total property owner assessment is $80,976.34, and that the City's portion is $59,089.81; explained the manner in which such pro rato share was computed. Mr. Lantos gave a brief history of the paving project, stating that in 1963 the original proposal was to improve North Staples between Antelope and Kinney; that a public hearing was held and a contract awarded; that the proposed width at that time was 41 feet measured from back of curbs; that it was then the desire of the property owners to have a wider street, and since then a new bond election was held and' approved and the new proposed width is 60 feet measured from back of curbs providing for four moving lanes and two parking lanes. 'Mr. Lantos stated the assessments have been revised since 1963 based on revised prices which are the result of increased quantities and prices of - materials needed for the wider street, and that this change order has been submitted to the contractor; stated that in 1963, no credit was allowed for existing curbs and sidewalks because of deterioration, but that it is felt now that some credit should be given inasmuch as some of the facilities are in fair condition. Minutes Regular Council Meeting August 7, 1968 Page 14 Property owners in the audience were given the opportunity to question Mr. Lantos as to the construction aspects of the project. Mr. E. Pena, Mr. H. Sheinberg, Mr, Jessie Pampa, Mr. Frank Sovey, Mr. Ashley Johnson, representing himself and his Mother, Clara Johnson, and Mr, Dave Coover, representing the Frank Cech and J. E. Smothers properties, all questioned Mr. Lantos as to their specific pieces of property regarding width, allowance for existing improvements, loading and parking provisions. Mr. Harold Carr, real estate appraiser and City's expert witness, 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; stated that he had personally viewed the preliminary assessment roll and each of the properties to be assessed, and that he found most all the property being used for industrial and commercial purposes; that some railroad tracts remain at the south end of the project; that the street as a whole is in very poor condition; that the paving is very rough, narrow and broken in many places, and in many instances, no sidewalks, and that the street generally is considered one of the worst commercial streets in the City. He further stated that most of the lots are 150 feet deep, some are 100 feet, and some are 50 or less feet deep, and that he feels the assessment should be reduced when the lots are substantially less than the standard depth in proportion to its depth. He stated that in his opinion, each of the properties so assessed would be enhanced in value at least to the extent of the proposed assessments, with certain exceptions, which he stated he would specifically point out during the hearing as each property appeared on the assessment roll, as follows: Item 03, E. Pena Mr. Pena stated he has good driveways and sidewalks, for which he felt he deserved some credit; stated he did not like the reduced width of the street in front of his property; felt the assessment was too high, and did not feel it would benefit his property because of lack of uniformity in the width of the rest of the street. Minutes Regular Council Meeting August 7, 1968 Page 15 Item #4, Raymundo Longoria - The daughter of Mr. Longoria, deceased, spoke on behalf of her father's estate and stated her objections were identical to those of Mr. Pena; that she felt the cost was excessive, and that she could not see how the proposed improvements could possible benefit this portion of the street, Item #5, H. Sheinberg & Mrs. A. Cohen - Relative to this item, Mr. Carr stated he would recommend an estimated reduction of 70 percent, (using 100 foot lot as a standard basis) on this property based on its 50 -foot depth. Mr. Sheinberg stated he felt his 50 -foot lot was worthless and would not be benefited, but that he would be satisfied if it could be reduced 50 percent. Item #14, Frank Cech, and Item #31, Frank Estate - Mr. Dave Coover spoke on behalf of and as counsel for these two properties.. He requested detailed clarification of the assessment roll furnished the property owners and the one being used in this hearing. The revised roll was explained and clarified to Mr. Coover's satisfaction. Mr. Coover engaged Mr. Carr in a lengthy question and answer period in which he attempted to prove that "if a property owner possesses a parking, loading or unloading facility, and by virtue of the new improvements this facility, his right, is taken away from him, will the value of his property be diminished and not enhanced ?" He further attempted to prove that the business in question is not the type to warrant sidewalk or walk -in trade of a retail nature; that this street is adequate to conduct this type business and could be operated on any type of street, and on that basis questioned Mr. Carr's statement that the improvements would enhance the value of the property to the extent of the assessment. He asked Mr. Carr to state whether or not he had appraised, as to market value per front foot, each and every piece of property, and Mr. Carr stated that he had examined each piece of property on generalities and not specifics; that he was not engaged to attempt to estimate appraisal values of each piece of property on Specifics, but to attempt to estimate the enhancement of each piece of property as a result of the proposed improvements, and that his statement that the subject property would be enhanced to the amount of the assessment was based on the determination that the property is wholly commercial and industrial, has a 300 -foot frontage, and therefore, would receive all the benefits of the proposed improvements; stated that it had been clearly pointed out Minutes Regular Council Meeting August 7, 1968 Page 16 in the hearing that back -up type loading and unloading would not be permitted after these improvements were completed; that some types of businesses should have off - street parking, but that the City has the right to control head -in parking procedures; and that the project only allows.driveways of a determined width which is within the Council's power to change. Attorney McDowell objected to the questioning, stating that it had become repetitious; that the matter of "right" is a legal question and does not come within the process of this hearing; that Mr. Carr has been engaged as an appraiser to estimate the amount of the enhancement, and that the issue of property rights as described by Mr. Coover, is not the issue; that the Council has no authority, nor is it attempting to acquire property by this procedure, and that Mr. Coover's hypothetical question should be clarified as to what "right" he is talking obout; that it has not been shown inthis hearing that a property "right" is being taken. Mr. McDowell pointed out that the City does have the right to limit ingress and egress even when a street is not being improved. City Manager Townsend stated that when the subject street is completed, it is the recommendation of the Staff that the City exercise its police powers not to allow curbs to be cutfor the purpose of providing loading and unloading facilities. Mr. Coover again stated the question, "does the taking of this 'right' diminish the value of the property ?" He stated he is concerned. solely with whether or not "this type of improvement, by virtue of its wider width will deny a property owner parking privileges other than parallel parking, and when and if he is stopped, does it diminish the value of his property ?" Mr. Carr stated some of Mr. Coover's questions involve eminent domain and that he is not prepared to answer as they are not within the scope of this proceeding. Mr. Carr stated the sidewalks, in general are in poor condition, but possibly some credit should be given; that he would review these further. He stated that there are two driveways, but that one of them is not being used as it is grown up with brush. He pointed out that it is his opinion that this location is an ideal location for Mr, Cech's business, but that the improvements will generally increase the real estate value of the property, and that if he were operating the business, he would prefer to be on a paved street, and that it is still his opinion that the improvements will enhance the property to at least the amount of the assessment. Minutes Regular Council Meeting August 7, 1968 Page 17 Mr. Joe McManus, realtor, 509 North Water, stated he would have to agree , with Mr. Carr that the street is in bad condition, and that speaking in generalities, he would agree that the improvements would improve the street, but that it had not been shown just how the improvements would enhance the value of the specific piece of property, on the basis that it has no walk -in trade, that a sizeable portion of the area in front of this business is taken up by a bus stop which makes parking difficult, and that a "right" is being taken from the owner.. He stated he has much respect for Mr. Carr's opinion, but stated that he deals in markets every day, and it is his opinion that the majority of the people of Corpus Christi will be greatly benefited, but that these merchants who will be paying for 65 percent of the assess- ment, will not be benefited in that amount; that he feels it might be enhanced as much as $5.00 per front foot, but that the taking away from industrial or commercial property the right to back into his property and load or unload, would definitely diminish the value of the property as much as $45.00 per front foot. . Attorney McDowell at this point, cross - examined and questioned Mr. McManus as to his qualifications as a real estate appraiser, and as to what he considered maximum use of the property. Mr. McManus stated one of the major benefits for use of the property is the privilege of unloading of trucks," and that the owner will be receiving a limited use if this privilege is taken. Items 020 & 21 & 34, Jack Smothers - Relative to these three properties, Mr. Coover stated that the same arguments apply to the Smothers properties as the Cech pro- perty, and stated that the paving will not enhance the value of the property as this type of business can be successfully carried on on any kind of street. He asked that the records show that the testimony relative to the Cech properties also applies to Item #34, J. E. Smothers. Items #22 & 35, Johnson Lumber Company - Mr. Ashley Johnson, owner and operator of property at Lot 11, Block 1, Mussett Addition, spoke on behalf of himself and his mother, Mrs. Clara Johnson, owner of property described in Item #35. He read a letter signed by Mrs. Johnson, asking that she be given consideration to the fact that she has been previously assessed for paving of North Staples Street, and that she be given credit for this on i the new assessment. She alleged that the City has been negligent in keeping this street in Minutes Regular Council Meeting August 7, 1968 Page 18 good repair, and that the responsibility has been shifted to the Railroad Company; stated that she has repeatedly called the City to report the condition, and that other property owners will verify this complaint. With regard to Item #22, Mr. Carr stated that this is a shallow lot, and on that basis he would recommend that the assessment be reduced 52.47 percent of the amount shown on the assessment roll. He stated that Mr. Johnson's property, listed as Item #35, the depth will average about 100' in depth, and that he does not recommend an adjustment on this tract, that he feels the property will realize the full benefit. City Manager Townsend stated that to his knowledge the City has never given credit for prior paving assessments. Item #26, Sheinberg & Cohen Company -.Mr. Sheinberg questioned as to why the assessments were the same on the narrow portion of the street as on the wider portion, and stated that he is voicing his opposition to the amount of the assessment on that basis. Mr. Carr stated that due to the shallowness of this lot he is recommending that a reduction in the amount of 30 percent be allowed. Item #28, Jessie G. and J. M. Pompa - Mr. Pompo stated he did not object to the amount of the assessment, but stated that he has good sidewalks, curbs, and two drive- ways, and asked that he be given credit for these improvements. Item #37, W. A. Saunders - Mr. Carr recommended that the amount of this assessment be adjusted to 80 percent rather than the 100 percent shown on the assessment roll. Item #38, Frank Sovey - Mr. Sovey stated that he is not objecting to the amount of the assessment, but that it is his understanding that the paving will be constructed up to his front door, that after the improvements are completed, the canopy will extend out over the street, and is concerned if he would be allowed to keep the canopy; stated that with his type x: • of business of keeping fresh fruits and vegetables, the canopy is essential and without it he might as well close up the place. He further inquired as to how he would be able to get his three trucks over the curb onto his property; that he needs 35 feet of space to back up the trucks for loading and unloading, and that he will be compelled to drive over the sidewalks t to get into the property. Minutes Regular Council Meeting August 7, 1968 Page 19 �. Mr. Lantos explained that parking and access to the properties is going to be one of the basic problems, and that he would be glad to discuss the problem of Mr. Sovey's canopy and access to the properties at any time after the hearing. Mr. Carr stated that in view of the fact that Mr. Sovey's property is below average depth, there should be a reduction of 72Ypercent of the figure shown on the assess- ment roll on this property, and that the reduction would apply to all the proposed improve- ments except the driveway. No one else appeared to be heard in connection with the foregoing proposed street improvements. Motion by Bradley, seconded by Roberts and passed, that the hearing be closed. Mayor Pro Tern Sizemore explained that conflicting opinions had been given by qualified experts_that the matter will be taken under advisement and all objections and recommended adjustments be given due consideration. _ There being no further business to come before the Council, the meeting was adjourned. THERE BEING NO FURTHER TESTIMONY OFFERED OR ANY FURTHER PARTIES APPEARING TO BE HEARD, UPON PROPER MOTION, DULY SECONDED AND UNANIMOUSLY CARRIED, THE SAID HEARINGS WERE DECLARED CLOSED; AND WHEREAS, NO FURTHER PARTIES APPEARING AND NO FURTHER TESTIMONY BEING OFFERED AS TO THE SPECIAL BENEFITS IN RELATION TO THE ENHANCED VALUE OF SAID ABUTTING PROPERTY AS COMPARED TO COST OF THE IMPROVEMENTS OF SAID PORTION OF SAID STREET PROPOSED TO BE ASSESSED AGAINST SAID PROPERTY, OR AS TO ANY ERRORS, INVALIDITIES OR IRREGULARITIES, IN THE PROCEEDINGS OR CONTRACT HERETOFORE HAD IN REFERENCE TO THE PORTIONS OF SAID STREETS TO BE IMPROVED; AND WHEREAS, SAID CITY COUNCIL HAS HEARD EVIDENCE AS TO THE SPECIAL BENEFITS AND ENHANCED VALUE TO ACCRUE TO SAID ABUTTING PROPERTY, AND THE REAL AND TRUE OWNER OR OWNERS THEREOF, AS COMPARED WITH THE COST OF MAKING SAID IMPROVEMENTS ON SAID STREET, WITHIN THE LIMITS ABOVE DEFINED, AND HAS HEARD ALL PARTIES APPEARING AND OFFERING TESTIMONY, TOGETHER WITH ALL 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 NORTH STAPLES STREET, WITHIN THE LIMITS TO BE IMPROVED AS HEREIN DEFINED, WILL BE ENHANCED IN VALUE AND SPECIALLY BENEFITTED BY THE CONSTRUCTION OF SAID IMPROVEMENTS UPON THE SAID STREET UPON WHICH SAID PROPERTY ABUTS, IN AN AMOUNT IN EXCESS OF THE AMOUNT OF THE COST OF SAID IMPROVEMENTS PROPOSED TO BE, AND AS HEREINBELOW ASSESSED AGAINST EACH AND EVERY SAID PARCEL OF ABUTTING PROPERTY, AND THE REAL AND TRUE OWNERS THEREOF, AND SAID CITY COUNCIL DID CONSIDER AND CORRECT ALL ERRORS, INVALIDITIES OR DEFICIENCIES CALLED TO ITS ATTENTION AND DID FIND THAT ALL PROCEEDINGS AND CONTRACTS WERE PROPER AND IN ACCORDANCE WITH THE CHARTER OF SAID CITY AND THE LAWS OF THE STATE OF TEXAS, UNDER WHICH THOSE PROCEEDINGS WERE BEING _1}_ HAD AND THE PROCEEDINGS OF SAID CITY COUNCIL HERETOFORE HAD WITH REFERENCE TO SUCH IMPROVEMENTS, AND IN ALL RESPECTS TO BE VALID AND REGULARS AND SAID CITY COUNCIL DID FURTHER FIND UPON SAID EVIDENCE THAT THE ASSESSMENTS HEREIN - BELOW MADE AND THE CHARGES HEREBY DECLARED AGAINST SAID ABUTTING PROPERTY ON SAID PORTION OF SAID NORTH STAPLES STREET, WITHIN THE LIMITS DEFINED, AND THE REAL AND TRUE OWNER OR OWNERS THEREOF5 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 EXCEPT THE CORRECTIONS AND CHANGES AS APPEAR ON THE FINAL ASSESSMENT ROLL INCLUDED IN THIS ORDINANCE. 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 PRO- TESTS AND OBJECTIONS, WHETHER SPECIFICALLY MENTIONED OR NOT, SHALL BE, AND THE SAME ARE HEREBY OVERRULED AND DENIED. SECTION Z. THAT SAID CITY COUNCIL HEREBY FINDS AND DETERMINES UPON THE EVIDENCE HEARD IN REFERENCE TO EACH AND EVERY PARCEL OR PROPERTY ABUTTING UPON NORTH STAPLES STREET, WITHIN THE LIMITS DEFINED THAT THE SPECIAL BENEFITS IN THE ENHANCED VALUE TO ACCRUE TO SAID PROPERTY AND THE REAL AND TRUE OWNER OR OWNERS THEREOF, BY VIRTUE OF THE CONSTRUCTION OF SAID 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 PROPOSED TO BED 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 -5- 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 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 NOTE HAVE BEEN IN ALL THINGS REGULARLY HAD AND PERFORMED IN COMPLIANCE WITH THE LAW, CHARTER PROVISIONS AND PROCEEDINGS OF THE SAID CITY COUNCIL. SECTION 3. THAT IN PURSUANCE OF SAID ORDINANCES DULY ENACTED BY SAID CITY COUNCIL, AUTHORIZING AND ORDERING THE IMPROVEMENTS OF THE ABOVE DESCRIBED 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 iO6 OF THE ACTS OF THE FIRST CALLED SESSION OF THE 40TH LEGISLATURE OF THE STATE OF TEXAS KNOWN AND SHOWN AS ARTICLE 11058 OF VERNON'S ANNOTATED CIVIL STATUTES OF TEXAS AS AMENDED, THERE SHALL BE, 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 COUNCILS BEING AS FOLLOWS, TO -WIT: -6- - CORRECTED PRELINffNARY - NORTH STAPLES STREET - KCNNEY TO I.H. 37 This project No. 220 -61 -50 is titled North Staples, Street Improvements from Kinney Street to Interstate Highway 37. This project is to be constructed by excavating to a width and depth to permit the laying of standard six inch curb and gutter section, the in- stallation of a pavement consisting of compacted aub- grade, twelve inches of compacted caliche base, a prime coat, 22 inches of Type "A" Asphaltic Concrete, 12 inches of Type "D" Asphaltic concrete surface, for a total width of sixty feet measured from the back of the curbs. Also to be constructed on this project: one reinforced concrete side- walk, five feet wide, four inches thick, tied to the back of the curb, concrete driveways as needed and as required by property owners, and storm sewers as needed to drain the street. All utilities shall be adjusted where required to properly facilitate the street construction. Assessment rates have been determined by using the unit prices taken from the low bid submitted in 1963, and also the revised unit prices as agreed upon by the Contractor and City by change order. The re- vised unit prices resulted due to the increased or decreased scope of work as shown on the approved plans. These rates were applied to the front footage of the abutting properties as follows. 1. Property zoned or used other than R -1 or R -2 and x•$15.66 p.l.f. a street width of 60' B.B. Curb,gutter,pavement $16.34 p.l.f. 2. Property zoned or used other than R -1 or R -2 and x'$10.96 p.l.f. a street width of 41' B.B. Curb,gutter,pavement $11.64 p.l.f. 3. Edge Thickening $ 0.43 p.l.f. 4. Sawed Joint 5• Sidewalk $ 1.86 p.l.f. *$ 0.22 p.s.f. $ 0.43 p.s.f. 6. Driveway $ 0.85 p.s.f. Total Contract Price $140,066.15 Total Property Owner Assessments xx 73 061.1. Total City's Portion 7,004.96. x'50% Credit for existing curb and gutter *50% Credit for existing sidewalk **Credit allowed as a result of.test��mony at Public Hearing - August 7, 1968 ASSFSS1,E11T ROLL North Staples Street - I. H. 37 to Kinney Heldenfels BroLhhers ASSESSINMIT RATE 41' B. B. Zoned or Used other than R -1 or R- 2- Curb,gutter,pvmt. p.l.f. = $1.1.64 60' B.B. Zoned or Used other than F. -1 or R- 2- Curb,gutter,pvmt. p.l.f. = $16.34 Edge Thickening,= $0.43 p.l.f. Sidewalk p.s.f. = $ o.43 Sawed Joints $1.86 p.l.f. Driveway p.s.f. = $ 0.85 :r td I0, OWNER AND PROPERTY DESCRIPTION QUANTITY ASSE•_SED DESCRIPTION OF ASSESSII^i1T- RATE -- I AS'ObHT �mt� MIOUNT Beginning at I.H. 37 West Side CAROLINA MONDRAGOId Lot 6, Block 46, Bluff Portion Addn. Zoned other than R -1 or R -2; 1001 assessed 50.00 L.F. 463.00 S.F. 50.00 L.P. Curh,gutter,pvit. Sidewalk Edge Thickening 0.68 0.43 0.43 34.00 199.09 21.50 254.59 A. T. PRADO - DAVE COOVER - JOE B,,RRERA Lot 5, Block 46, Bluff Portion Addn. Zoned other than R -1 or R -2; 1001 assessed 50.00 L.F. 475,00 S.F. 51.09 L.F. Curb,gutter,pvntt. Sidewalk Edge Thickening 0.68 0.43 0.43. 34.00 2o4.25 21.96 26o.21. E. PEIIA Lot 4, Block 46, Bluff Portion Addn. Zoned other than R -1 or R -2; 1001 assessed 50.00 L.F. 1.71.00 S.F. 20.27 L.F. 309.00 S.F. Curb,gutter,p,,mt. Sidewalk Edge Thickening Driveways 1 -15' & 1.36 0.22 0.43 68..00 37.62 8.7.1 18' of 28' 0.85 262.66 376:99 RA)24UNM LONGORIA Lot 3, Block 46, Bluff Portion Addn. Zoned other than R -1 or R -2; 1001 assessed 50.00 L.F. x362.00 S.F. 33.27 L.F. 189.80 S.F. Curb, gutter,pvmt. Sidewalk Edge Thickening Driveways 1 -10' & 1.36 0,22 0.43 68.00 79.64 14.30 10' of 28' o.85 161.33 323.27 *50% CREDIT FOR EXISTING iNPRow 1.1EETS Lot J out of Lot 1 & 2, Block 4 Bluff Portion Addn. 90.00 L. F. Curb + ,Gut er,pvmt. Zoned other than R -1 or R- 2; : 70% assessed 1 X65.50 S.F. 29.36 L.F. Sidewalk 383.!~0 S.F. Edge Thickening Driveway 1 -2].' & 1 -201 ' LEOPM D STREET INTi Ecroiq - - JACK PAINTER Lot 6, Block 45, Bluff Portion .Addn. Zoned other than R 40.00 L.F. ,u,.b,gatter,pvnit. -1 or. R -2. 100, assessed 60' R.0.w. 200.00 S.F. Sidewalk J. IR. DE LA GARZA Lot 5, Block 45, Bluff Portion Addn. Zoned other than R -1 or 49.88 L.F. 249.40 9. 10 S.F. Curb tter, ,� ,Pvmt. R -2; 100[ assessed 49.88 L.P. Sidewalk Edge Thickening RALPH COLE - . , et al Lots 2,3,4, Block 45, Bluff Portion Addn. Zoned other than 150.00 L.F. Curb,Iutter,pvmt. R -1 or R -2; 100, Assessed 510.00 S.F. 86.36 L.F. Sidewalk Edge laicker,iiig -0- Driveway Lot 1, Block 45, Bluff Portion Addn. Zoned other than R 50.00 L.P. Curb,gu tFt,lnnat. - -1 or R -2; lOrJ, assessed 250.00 S.F. Sidewalk 50.00 L.F. Edge Th'cl:ening lrF:, hr�. 1'lm 1 T11 (•9520 1.36 .85.68 L .1540 71.69 .]:540 4:52 0.85 325.8 -X- 15.66 626.40 0.22 44.00 70.x+0 15.66 731,12 0.43 I .107.211 0.43 21.44 909-90- } 15.66 2, 349, 00 X. 0.22 I 112, 20 o.43 37.13 0.85 -0- I2, 93D 783.00 0.22 55.00 0.43 21.50 L I 669,50 PROJECT: - Rorth Staules Stre et to_I.inres CONTRACTOR: Heldenfels Brothers _ .. *S(��rr�t f r xi ati nv nitrj� „7d -PJZ_� and sidewalks. EM 01MER & PROPERTY DESCRIPTION QUATui DESCRIPTION 707YL ASSESSED OF AMOUNT ASSESSMENT RATE AMOUNT AS ES iz /� 11 MARIE S-kMAN & ADELL BOTARY Lot 7, Block 44, Bluff Portion Add-n- Zoned other than R1 or R2, 100% Assessed R. M. GARRISON Lots 6, 5, 4,3 Block 44, Bluff Portion Addn., Zoned other than Rl or R2, 100% Assessed X,uPLIA M. MONOADA Lot 2, Block 44, Bluff Portion Addn., Zoned other than R1 or R2, 100p Assessed ALONZO M. CONZALES Lot 1, Block 44, Bluff Portion Addn.., Zoned other than R1 or R2, 100; Assessed LI. :';SAP C CECIi Lots 6 thm 1, Block 43, Bluff Portion Addn., Zoned other than R1 or R2, 100% Assessed COL "• 50.00 L.F. Curb,gutter,pvmt 250.00 S.F. Sidewalk 50.00 L.F. Edge Thickening I 200.00 L.F. Curb,gutter,pvmt. 920. Or) .S.F. Sidewalk 176.18 L.F. Edge Thickening 79.20 S.F. Driveway - 1 -16' 50.00 L.F. Curb,gutter,pvmt. 210.00 S.F. Sidewalk 50.00 L.F. Edge Thickening 52.20 S.F. Driveway 50.00. L.F. Curb,gutter,pvmt. 70.00 S.F. Sidewalk 14.00 L.F. Edge Thickening 164.70 S.F. Driveway 35' IN STREET INTERSECTION 300.00 L.F. Curb, gutter,pvmt. - ,23'(.50 S.F. Sidewalk 277.18 L.F. Edge Thickening 107.20 S.F. Driveway 25' fCHF, STIi'r'r,P Ii `i`fs'RSECTION *15.66 783.00 * 0.22 55.00 0.43 21.50 859.50. * 15.66 3,132.00 * 0.22 202.40 0.43 75.75 0.85 67.32 3 16.34 ,817.00 0,22 46.20 0.43 21.50 0.85 44-37 929.07. 16.34 817.00 0.22 15.40 c.43 6.02 ° 0.85 139.99 97T.71 * 15.66 4,698.00 * 0.22 272.25 o.43 119.18 o.85 91.12 5,1 0.55 ryi OWNER & PROPERTY DESCRIPTION QUANTITY DESCRIPTION TOTAL ASSESSED OF Ab10UTIT ASSES&,JEPiT FATE A-MOM T ASSESSED /S W. M. NEYLAND Lots 6 & 5, Block B, Bluff 1Q0.00 L.F. Wrb,gutter,pvmt. *15.66 1,566.00 Portion Addn., Zoned other 1125.00 S.F. Sidewalk 0.22 93.50 than R1 or R2; 1000 Assessed 77.18 L.F. Edge Thickening 0.43 33.18 , 74.70 S.F. Driveway .15' 0.85 63.49 756.18 J. M. BARIRMA Lot 11, Block B, Bluff Portion 50.00 L.F. Curb, gutter,pvmt. x-15.66 Addn., Zoned other than R1 or R2, 100% Assessed 190.00 S.F. 34.09 L.F. Sidewalk Edge Thickening 0.43 .783.00 81.70 61.20 S.F. Driveway 12 0.43 0.85 f 14.65 52.02 i 931.37 7 SADIE ORSIi ami Lot 3, Block B, Bluff Portion 50.00 L.F. Curb,gutter,pvmt. x-15.66 783,00 Arldn., Zoned other than R1 or 185.00 S.F. Sidewalk 0.22 40.70 R2, 100% Assessed 39.18 L.F. Edge Thickening 0.43 16.84• `65.70 S.F. Driveway 13' 0.85 55.811 $9T 3 _ EATON & CO. Lot 2, Blcck B, Bluff Portion 50.00 L.F. Curb,gutter,pvrat, 15.66 783.00 Addu., Zoned other than R1 or 200.00 S.F. Sidewalk * 0 44.00 R2, 1OCp Assessed 42.18 L.F. Edge Thickenine 02 18,13 52.20 S.F. Driveway 10' 0.85 44.37 �ta9:5o 'g W. B. KNOX N. 25' of Lot 1, Block B, Bluff Portion 25.00 L.F. a&b,guttar,pvmt. X115.66 391.50 Addn., Zoned other than 125.00 S.F. Sid wa?k -x. 0.22 27-50 Il or R2, 100' )15 Assessed 25.00 L.F. Ed g ' Thickening 0.43 -- 1 0.75� 1- � 29 7 �_ 5 i'' 1 O'WMER & PROPERTY DESCRIPTION QUANT'I'TY DESCRIPTIOIIT ASSESSM, OF FASSESSHU ASSESSb:OT RATE AMOUNT .00 JACK SMOTHTEMS R S. 25' Lot 1, Block B, Bluff .25.00 L.F. Curb,gutter,pvmt. 16.34 408.50 Portion, Zoned -other than R1 or R2, 100 Assessed 125.00 S.F. Sidewalk 0.43 53.75 25.00 L.F. Edge Thickening 0.43 10.75 473.00 Z/ JACK =MRS Lot 1, Block 1, Paul Court 13.00 L.F. Curb, gutter,pvmt. 16.34 212.42 Addn., Zoned other than R1 or R2, 100'% Assessed 65.00 S.F. Sidewalk 0.43 27.95 . 13.00 L.F. Edge Thickening 0.43 5.59 �596 CALD ?'ELL STREET IN ESECTION JOHNSON My,BER co. Lot 11, Block 1, Mussett Addn., 150.34 L. 10. Curb,gutter,pv.,nt. 8.57, 13288.41 Zoned other than RL or R2, 751.70 S.F. Sidewalk .2256 169:58 52.479A.ssessed 150.34 L.F. Edge Thickening ?256 '33.92 1,491,91 2J TEX.- PTERICAN RAILROAD 372.00 L.F. Pavement Only e15.66 5,825.52 Lot 1, Blk. 19, South Lot 1 & 130.00 L.F. Ga b,gutter.,pvmt. 16.34 2,124.20 North Lot 1, Blk. 17 and the 1,253.00 S.F. Sidewalk 0.43 538.79 abandoned. R.O.W. of San Diego 453.511 L.F. Edge Thickening 0,43 195.02 Ave. between said Lot 1, Ells. 261.96 S.F. Driveway 25' 0.85 222.61 19, & N. Lot 1, Blk. 17, & 2 -15' C.W.& W. Co. Subd. R; 40' of 1,052.00 S.F. Sidewalk x- 0.22 231.44 abandoned R.O.W. of N. R.R. Ave .R.O.W. & 40' of R.R. R.O.W.. ,137.5 Sntth of Lot 1, Blk. 17, C.W. & W. Co. Subd., all as shotm on Mp or Plat of Record in Vol. "A" Pg. 15 Map Records of Nueces Co. KII i F 1 ST U I T 1T 1f F.`.;% CTIOI'T 6 PROTEC to kinney CO ?:TR:CTORR: - ife]denfels B *_others 2�,_credit fo-r. existing curb :gutter and ,0 sidewalks. F,q OVRI ER & PROPEP,TY DESCRrPTION QUANTITY DFSCRIPTIOI TOTAL ASSESSFD OF Ahi0L'N' ASSFSSiiE2a?P FATE Ahi0U1`T ASSESS D ' Beginning at 1.11. 37 East Sida�V IdANUFL L. RANILRFZ Lots 7 -8 -9, Block 39, Bluff 150.00 L.F. Curb,gutter,pvmt. x =::68 83,23 Portion Addn., Zoned other 462.00 S.F. Sidewalk 0.22 101.6 , than R -1 or R -2; 100% assessed 132.18 L.F. Edge Thickening 0.43 56.83 97.20 S.F. Driveway 10' 0.85 82.65 146.50 L.F. Sawed Joint 1.36 272.49 59� $I~ ROSE JOSEPHS Lot 10, Block 39, Bluff 50.00 L.F. Curb,vatter,pvmt. ':0:6$ ;34,00 Portion Addn., Zoned other 380.00 S.F. Sidewalk 0.22 83.60 Than R -1 or R -2; 100% assessed 37.18 L.F. Edge Thickening 0.43 15.98 i 97.20 S.F. Driveway 10' 0.85 82.62 21 ' -20 i. SM,3INBURG & COHEN Co:dPANY . Lots 3.1 & 12, Block 39, 90.00 L.F. Curb,gut;,ez•,pvmt. -4760 42.84 Bluff Portion Addn., Zoned *175.50 S.F. Sidewalk -X. 1540 27,02 other than R -1 or R -2. 26.09 L.F. Edge Thickening .3010 7.85 70% Assessed '77.71 I&OPARD STRFM ; INTERSECTION 111MV'1N JOSEPHS, et al - Lots 7 & 8, Block 140, Bluff 90.00 L.F. Curb,gutter,pvmt. 15,66 11409.40 Portion Adda., Zoned other -0- Sidewalk -0- than R -1 or R -2. 100, assessed . -0- Driveway -0- -0- Edge Thickening -0- -U � 7 JESS1.R G. & J. m. PompA I . Lots 9 -10, Block 40, Bluff 100.00 L.F. Curb,rg°atter,pvrlt. to 15.66 1,566.60 Portion Addn., Zoned other 425.00 S.F. Sidewalk � 0.22 � 93.50 than R -1 or R -2. 10Vp assessed r 77.18 L.F. Pdge Thickening -Co Drivewov 15' 0.43 33.18 _G_ -o_ t50� MU O i,,. ,692.69 T I r1I�ai1iG II:P30, ?� G;T 9�d OVINER & PROPERTY DESCRIPTION QUANTITY DESCRIPTION TOPAL i. ASSESSED OF AMOIDIT ASSESSMENT RATE AMOUNT ASSESSEi': ?� I i CORPUS CIRIIS TI PROPERTIES Lots 11 & 12, Block 40 100.00 L.F. Curb,gutter,pvcrt. 16.34: 1,634.00 Bluff Portion Addn. Zoned 530.00 S.F. Sidewalk 0.43 215.00 other than R -1 or R -2 100.0o L.F. Edge Thickening 0.43 43.00 100% assessed ,2.00 ME, ST.- NA STREET INTS RSECT' OSd 350.00 L.F. 1,750.00 S.F. 350.00 L.F. �. STATE OF TEXAS Pt. Lots 8,9.10,11,12,13 & 111 Block III, Bluff Portion Addn. Zoned other than R -1 or R -2 Curb,gutter,pvmt. Sidewalk Edge Thickening 16.34 0.43. 0.43 5,719.00 752.50 150.50 100% assessed LIPAN -0- STREET INTERSECTION Driveway 0.85 -0- _ 6622.00 - L. ITtANK CECH ESTATE Lots 7,8,9,1.0,11 & 12, Block 42� Bluff Portion Addn. Zoned othc.1,210.50 than R -1 or R -2; 100% assessed 300.00 L.F. S.F. 253.36 L.F. Curb,gutter,pvmt. Sidewalk Edge Thickening 15.66 0.22' o.43 4,698.00 266.31 i 108.94 1113.90 L.F. Driveway 1 -16' 1 -15' 0.85 122.31 ,195.56 COMMIE STREET IPi ERSECTIOI 2. J. MEANEY et. al. & MARY C. w `1I Lots 7 & 8, Block A, Bluff. 100.00 L.F. Curb,gutter,pvmt. 1.6.34 1,634.00 Portion Addn. Zoned ether than 400.00 S.F. Sidewalk 0.22 88.00 R -1 or R -2; 100% assessed 72.18 L.F. Edge Thickening 0.43 31,03 97.20 S.F. Driveway 20' 0.85 82.62 1,335.65 3. ALONSO OREA VELEZ Lot 9, Block A,, Bluff Portion 50.00 L.F. Curb,-utter.,pvnit. 16.34 817.00 Zoned other than R -1 or R -2 80.00 S.F'. Sidewalk 0.22 17.60 10011 assessed 28.13 L.F. 61.20 S.F. Edge Thickening Driveway 12' 0.4 3 0.85 12.11: 52.0.2 898.;3 ,7rM 01-11NER & PROPFAITY DESCRIPTION QUANTITY DESCRIPTION TOTAL ); ASSESSED OF A140UNT ASSESSMENT RATE AMOUNT ASSESS::: J. E. SMOTP.EP.5 Lots 10- 11- 12,,Block A, Bluff 199.73 L.F. Curb,gutter,pvmt. 16.34 3,263.58 Portion Addn., and the abandon- 788.80 S.F. Sidewalk 0.43 339.18 ed R.O.W. of Cladwell Street, 161.27 L.F. Edge Thickening 0.43 69.34 east of Staples Street; Zoned 235.60 S.F. Driveways 1 -12' 0.85 200.26 other than R -1 or R -2; 100,%, 1 -20' and 1 -10' 1$72.36 assessed. 35. CLARA JOMSOIQ Lot 9, part of Lot 10, Block 1 129.84 L.F. Curb,gutter,pvmt. 16.34 21121.58 Musset Addn. Zoned other than 549.20 S.F. Sidewalk 0.113 23b.15 R -1 or R -2; 1.00% assessed 94.20 L.F. Edge Thickening 0.43 40.50 104.40 S.F. Driveways 2 -10' o.85 88.711 36. W. N. HOWARD S 20.5' Lot 9; S 20.5' of 45.44 L.F. Curb,gutter,pvmt. -x15.66 '711:59 fractional Lot 10; N 211.94' 227.20 S.F. Sidewalk 0.22 of Lot 6, Block 1, Mussett Addn 115.44 L.F. Edge Thickening 0.43 .49.98 19.53 - (t3Ii0 BLUM ER STREET 1FT1PBECTION 37. FRANK sovEY". N or N.W. 34.23' of the S- or S.E. 65.13' of Lot 6 & 7, Blk. 34.23 L.F. 81.15 S.F. Curb,gutter,pvmt. Sidewalk 13.07 .3440 447.38. 27.92, 1, Mussett Addn. Zoned other than R -1 or R -2; :80%" assessed 7.83 L.F. 88.20 S.F. Edge Thickening Driveway 18' .3440 R:85 2.69. 74.97' _ ;552.96 38. FRANK SOVEY S or S.E. 30.09' of Lots 6 & 7 67102 L.F. Curb,gutter,pvmt. 11:76 788.15' Block 1, Mussett Addn. of the 160.1.0 S.F. Sidewalk 3096 49.54 eban.oned R.O.W. of Mussett Street' 44. 20 L.F. Edge Thickening _3096 13,..68 E of Staples St. all abutting a total of 67.02' on E side of 179.70 S.1'. Driveway 151& 20' 0- ..85- 152.74 1;034.1: Staples St.; Zoned other than or R -2; .72 %. assessed 11 .TZI OUNER & PROPERTY DESCRIPTION Q,UAN'PITY DESCRIPTION TOTAI,� 1• ASSESSED OF AMOU: T ASSESSNIEhT RATE AMOUNT ASSESSES E. S. JOSLIPI 305' of Block 18, Central Wharf 305.00 L.F. Curb,gutter,pvmt. 16.34 4,993.70 & Whse.; Zoned'other than R -1 1,332:50 S.F. Sidewalk 0.43 572.97 or R -2; 100°1 assessed 253.36 L.F. 176.40 S.F. Edge Thickening Driveways 1 -20' 0.43 0.85 108.94 149.94 1 -16' ,, 815-55 ). C. H. GUENTIIER & S014 Lot 1, Block 18, Central Wharf 125.00 L.F. Curb,gutter.,pvmt. 16.34 2,042.50 & FThse.; Zoned other than R -1 460.00 S.F. Sidewalk 0.43 19'(.80 or R -2; l0r,% assessed 81.36 L.F. Edge Thickening 0.43 34.98 1.62.90 S.F. Driveways 1 -15' 0.85 138.46 x,_13.7 TF;XtLS- 12IXICAN RAILROAD 70' of Block 18, Central Wharf 70.00 L.F. Curb,gutter,pvmt. 16.34 1,143.80 and Warehouse; Zoned other than 275.00 S.F. Sidewalk 0.43 110.25 R -1 or R -2; 1001- assessed 57.18 L.F. Edge Thickening o.43 24.58 74.70 S.F. Driveway 1-15' 0.85 63.49 350.12 KIM EY STREET IN•TRESECTION Emd 1 nd Project East Side - TOTAL CONTRACT PRICE $140,066.15 TOTl'J, PROPERTY ASSESSMEUTS 73,061.19 TOTAL CITY'S PORTION FC7,004.96 . 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 SUCH PARCEL OF PROPERTY AND THE REAL AND TRUE OWNER OR OWNERS THEREOF ABUTTING ON THE PORTION OF THE STREETS ABOVE DESCRIBED, WITHIN THE LIMITS DEFINED, SHALL PAY FOR SAID IMPROVEMENTS UNDER THE "FRONT FOOT RULE OR PLAN ", WHICH RULE OR PLAN IS HEREBY FOUND AND DETERMINED TO BE JUST AND EQUITABLE AND TO PRODUCE A SUBSTANTIAL EQUALITY, HAVING IN VIEW THE SPECIAL BENEFITS TO BE RECEIVED AND THE BURDENS IMPOSED THEREBY; AND IT IS FURTHER ORDAINED THAT UPON FINAL COMPLETION AND ACCEPTANCE OF SAID IM- PROVEMENTS ON °SAID PORTION OF NORTH STAPLES STREET, ALL CERTIFICATES HERE- INAFTER 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 IMPROVE- MENTS, 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_ OF NORTH STAPLES STREET, WITHIN THE LIMITS DEFINED, AND THE REAL AND TRUE OWNERS THEREOF, WHETHER NAMED OR CORRECTLY NAMED HEREIN OR NOT, SUBJECT TO THE PROVISIONS OF SECTION Y THEREOF. TOGETHER WITH INTEREST THEREON AT THE RATE OF SIX AND ONE -HALF PERCENT (6 -1/2 %) PER ANNUM WITH REASONABLE ATTORNEY'S 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: JULY 3, 1968, AND A PERSONAL LIABILITY AND CHARGE AGAINST THE REAL AND TRUE OWNER OR OWNERS BE NAMED OR CORRECTLY NAMED HEREIN, AND THAT SAID LIEN SHALL BE AND CONSTI- TUTE 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 PAID AND BECOME PAYABLE IN ONE OF THE FOLLOWING METHODS AT THE OPTION OF THE PROPERTY OWNER: 1. ALL IN CASH WITHIN 20 DAYS AFTER COMPLETION OR ACCEPTANCE BY THE CITY; OR 2. TWENTY PERCENT (20 %) CASH WITHIN TWENTY DAYS AFTER THE COMPLETION OF SAID WORK AND ITS ACCEPTANCE BY THE CITY, AND 20% RESPECTIVELY ON OR BEFORE ONE YEAR, TWO YEARS, THREE YEARS AND FOUR YEARS AFTER THE COMPLETION OF SAID WORK AND ITS ACCEPTANCE BY THE CITY, WITH INTEREST FROM DAY OF SUCH COMPLETION AND ACCEPTANCE BY THE CITY UNTIL PAID AT THE RATE OF 6 -1/2% PER ANNUM; OR 3. PAYMENTS TO BE MADE IN MAXIMUM OF 60 EQUAL INSTALLMENTS, THE FIRST OF WHICH SHALL BE PAID WITHIN 20 DAYS AFTER THE COMPLETION OF SAID IMPROVEMENT, AND THE ACCEPTANCE THEREOF BY THE CITY, AND THE BALANCE TO BE PAID IN 59 EQUAL CONSECUTIVE MONTHLY INSTALLMENTS COMMENCING ON THE 1ST DAY OF THE NEXT SUCCEEDING MONTH AND CONTINUING THEREAFTER ON THE 1ST DAY OF EACH SUCCEEDING MONTH UNTIL THE ENTIRE SUM IS PAID IN FULL, TOGETHER WITH INTEREST FROM THE DATE OF SAID COMPLETION AND ACCEPTANCE BY THE CITY, UNTIL PAID, AT THE RATE OF SIX AND ONE -HALF PERCENT (6 -1/2 %) PER ANNUM; PROVIDED, HOWEVER THAT THE OWNERS OF SAID PROPERTY AVAILING THEMSELVES OF OPTION n2u OR 11311 ABOVE SHALL HAVE THE PRIVILEGE OF PAYING ONES OR ALL, OF SUCH INSTALLMENTS AT ANY TIME BEFORE MATURITY THEREOF BY PAYING THE TOTAL AMOUNT OF PRINCIPAL DUE, TOGETHER WITH INTEREST ACCRUED, TO THE DATE OF PAYMENT. AND SAID ORDINANCE FURTHER PROVIDED THAT THE AMOUNTS PAYABLE BY THE ABUTTING PROPERTY, AND THE REAL AND TRUE OWNERS THEREOF, TO BE ASSESSED AGAINST SAID PROPERTY AND SAID TRUE OWNERS THEREOF SHALL CONSTITUTE A FIRST AND PRIOR LIEN ON SUCH ABUTTING PROPERTY AND A PERSONAL LIABILITY OF THE REAL AND TRUE OWNERS THEREOF. 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 HELDENFELS 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 HELDENFELS 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 THERE- OF SHALL BE ENFORCED AT THE OPTION OF HELDENFELS 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 -9- CERTIFICATES SHALL BE ISSUED BY THE CITY OF CORPUS CHRISTI TEXAS] TO HELDENFELS BROTHERS UPON THE COMPLETION OF SAID IMPROVEMENTS IN SAID STREET 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 THERE- OF, 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 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 PROPERTY OR IN GIVING THE NAME OF ANY OWNER OR OWNERS, OR OTHERWISE SHALL IN ANYWISE INVALIDATE OR IMPAIR THE ASSESSMENT LEVIED HEREBY OR THE CERTIFICATE ISSUED IN EVIDENCE THEREOF. THAT THE SAID CERTIFICATE SHALL FURTHER PROVIDE SUBSTANTIALLY THAT IF DEFAULT SHALL BE MADE IN THE PAYMENT OF ANY INSTALLMENT OF PRINCIPAL OR INTEREST WHEN DUE THEN AT THE OPTION OF HELDENFELS BROTHERS, THEIR SUCCESSORS, OR ASSIGNS, OR THE HOLDER THEREOF, THE WHOLE OF SAID ASSESS- MENT 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 PRO- PERTY, 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: JULY 3, 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 HELDENFELS 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. mm r r r 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, WHEN REQUESTED SO TO DO BY THE HOLDER OF SAID CERTIFICATES TO AID IN THE ENFORCEMENT AND COLLECTION THEREOF AND SAID CERTIFICATES MAY CONTAIN OTHER AND FURTHER RECITALS PERTINENT AND APPROPRIATE THERETO. IT SHALL NOT BE NECESSARY THAT SAID CERTIFICATES SHALL BE IN THE EXACT FORM AS ABOVE SET FORTH, BUT THE SUBSTANCE AND EFFECT THEREOF SHALL SUFFICE. SECTION 8. THAT ALL SUCH ASSESSMENTS LEVIED ARE A PERSONAL LIA- BILITY AND CHARGE AGAINST THE REAL AND TRUE OWNER OR OWNERS OF THE PROPERTY DESCRIBED, OR ATTEMPTED TO BE DESCRIBED, NOTWITHSTANDING SUCH OWNER OR OWNERS MAY NOT BE NAMED OR CORRECTLY NAMED, AND ANY IRREGULARITY IN THE NAME OF THE PROPERTY OWNER, OR THE DESCRIPTION OF ANY PROPERTY OR THE AMOUNT OF ANY ASSESSMENT, OR IN ANY OTHER MATTER OR THING SHALL NOT IN ANYWISE IN- VALIDATE OR IMPAIR ANY ASSESSMENT LEVIED HEREBY OR ANY CERTIFICATE ISSUED AND SUCH MISTAKES OR ERROR; INVALIDITY OR IRREGULARITY WHETHER IN SUCH ASSESSMENT OR IN THE CERTIFICATE ISSUED IN EVIDENCE THEREOF, MAY BE, BUT IS NOT REQUIRED TO BED TO BE ENFORCEABLE; AT ANY TIME CORRECTED BY THE SAID CITY COUNCIL OF THE CITY OF CORPUS CHRISTI. FURTHER THAT THE OMISSION OF SAID IMPROVEMENTS IN FRONT OF ANY PART OR PARCEL OF PROPERTY ABUTTING UPON THE AFOREMENTIONED STREETS WHICH IS EXEMPT FROM THE LIEN OF SAID ASSESSMENT mm I 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 AS, OR LESS THAN, THE ESTIMATE OF SAID ASSESSMENT PREPARED BY THE DIRECTOR OF PUBLIC WORKS AND APPROVED AND ADOPTED BY SAID CITY COUNCIL AND ARE IN ACCORDANCE WITH THE PROCEEDINGS OF SAID CITY COUNCIL RELATIVE TO SAID IMPROVEMENTS AND ASSESSMENTS THEREOF, AND WITH THE TERMS, POWERS AND PROVISIONS OF SAID CHAPTER tO6 OF THE ACTS OF THE FIRST - CALLED SESSION OF THE MOTH LEGISLATURE OF THE STATE OF TEXAS, KNOWN AS ARTICLE 11058 OF VERNON'S ANNOTATED CIVIL STATUTES OF TEXAS AND THE CHARTER OF THE CITY OF CORPUS CHRISTI, TEXAS, UNDER WHICH TERMS, POWERS AND PROVISIONS SAID PROCEEDINGS, SAID IMPROVEMENTS AND ASSESSMENTS WERE HAD AND MADE BY SAID CITY COUNCIL. SECTION 9. THE FACT THAT THE ABOVE DESCRIBED 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 IMPERA- TIVE PUBLIC NECESSITY, REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL'BE PASSED FINALLY ON THE DATE OF 'ITS INTRO- DUCTION, AND THAT SAID ORDINANCE SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED THAT SUCH EMERGENCY AND NECESSITY EXISTS, AND HAVING REQUESTED THAT SAID CHARTER RULE BE SUSPENDED, AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT THIS ORDINANCE TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE 4, DAY OF 1968. ATTEST: CITY S�ECRETAR/Yl OqAY THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: DAY OF , 1968: CITY ATTORN Y - CORPUS CHRISTI, TEXAS / p —DAY OF UcGGC�C(dy, j9C�Q 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 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, YOR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: •. JACK R. BLACKMON -� Y 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 VOTE: JACK R. BLACKMON RONNIE SIZEMORE - V. A. "DICK" BRADLEY, JR. V P. JIMENEZ, JR., M.D.' GAGE LOZAN O, SR. KEN MCDANIEL W. J. "WRANGLER". ROBERTS