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HomeMy WebLinkAbout09579 ORD - 12/17/1969rr AN ORDINANCE k CLOSING THE HEARING GIVEN TO THE REAL AND TRUE OMNERS OF PROPERTY ABUTTING UPON THE HEREINAFTER NAMED STREETS IN THE CITY OF CORPUS CHRISTI, TEXAS, TO -WIT: 1. ALAMEDA STREET, WEST SIDE ONLY, FROM HANCOCK TO AGNES STREET; 2. BROWNLEE BOULEVARD, WEST SIDE ONLY, BUFORD TO AGNES, EXCEPT LOT 18, BLOCK 15, CHAMBERLIN ADDITION; 4. CHICO, LAST SIDE ONLY, HOWARD TO COMANCHE; fi HowARo, NORTH SIDE ONLY, CIIICO TO 19TH; 5. CLARK, NORTON TO NORMANDY, BOTH SIDES; 6. NORTON, SOUTH SIDE ONLY, NAPLES TO RAMSEY; NAPLES, NORTHWEST SIDE ONLY, SHELY TO NORTON; MCARDLE ROAD, SOUTH SIDE ONLY, RODo FIELD ROAD TO NILE DRIVE; 9. RUTH, SOUTH SIDE ONLY, TWENTY - SECOND TO TWENTY- FIFTH; 10. SANTA FE, WEST SIDE ONLY, CRAIG TO MORGAN; 11• WEIL PLACE, EAST SIDE ONLY, KENWOOD DRIVE TO TEXAS- MEXICAN RAILROAD RIGHT OF WAY; 12. MCARDLE ROAD, NORTH SIDE ONLY, NESBITT TO JOHNSTON; 13. SHIRLEY DRIVE, EAST SIDE ONLY, ABUTTING WEST SIDE OF LOTS 1 AND 26, BLOCK �F, PRESCOTT PARK; 14. KAREN DRIVE, SOUTH SIDE ONLY, AUBTTING NORTH SIDE OF LOT 1, BLOC:< 5, PRESCOTT PARK; AND 15. JOHN JONES PARK; AND FI MDJ KG AND DI7TEPMI LN nlr TIaAT Ppnnrnry AB ITT.t AIG SA 1 n_ LOCATIONS WILL BE SPECIFICALLY BENEFITTED AND ENHANCED IN VALUE IN EXCESS OF COST OF IMPROVEMENTS, AND LEVYING AN ASSESSMENT FOR PAYMENT; FIXING A CHARGE AND LIEN, THE MANNER AND TIME OF PAYMENT AND COLLECTION; AND DECLARING AN EMERGENCY. WHEREAS, THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS, BY DULY ENACTED ORDINANCE PASSED AND APPROVED ON NOVEMBER 12, 1969, DETERMINED THE NECESSITY FOR AND ORDERED THE IMPROVEMENT OF THE AFORESAID STREETS BY THE CONSTRUCTION, RECONSTRUCTION, REPAIRING OR REALIGNING OF `CONCRETE /y SIDEWALKS, IN THE MANNER AND ACCORDING TO THE PLANSrAND SPECIFICATIONS / HERETOFORE APPROVED AND ADOPTED BY THE CITY COUNCIL BY ORDINANCE DATT b NOVEMBER 12, 1969, A DULY EXI?CUTED•NOTICE OF SAID ORDINANCg HAVING BEEN FILED IN THEONAME OF SAID CITY WITH THE COUNTY CLERK'fOF NUECES COUNTY, TEXAS; AND rk WHEREAS, SAID CITY COUNCIL Of" THE CITY OF CORPLIS CHRISTI, AFTER r RAVING ADVERTISED FOR AND RECEIVED BIDS ON THE CONSTRUCTION OF SAID IMPROVE- MENTS FOR THE LENGTH OF T114C AND IN THE MANNER AIJD FORM AS REQUIRED BY THE CHARTER OF THE CITY AND THE LAWS OF THE STATE OF TEXAS, AND 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 PROVIDE ,. BY THE CORPUS CHRISTI CI1Y CHARTER AND BY LAW, DID AWARD C014TRACT FOR THE CONSTRUCTION OF SAID IMPROVEMENTS TO FOWCO CONSTRUCTION COMPANY, THEIR ` 9590 , BID BEING THE LOWEST AND MOST ADVANTAGEOUS TO TI1E CITY OF CORPUS CHRISTI, SAID BID HAVING BEEN OPENED BY THE CITY COUNCIL ON NOVEMBER 5, 1969, AND SAID CONTRACT BEING HERETOFORE DULY EXECUTED BYSAID CITY AND FOWCO CONSTRUCTION COMPANY, DATED AND THE PERFORMANCE BOND REQUIRED BY SAID CONTRACT HAS BEEN PROPERLY FURNISHED BY SAID FOWCO CONSTRUCTION COMPANY AND ACCEPTED BY THE 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 EST114ATES OF THE COST OF SUCH IMPROVEMENTS AND ESTIMATES OF THE AMOUNTS'- ., TO BE ASSESSED AGAINST THE PROPERTY ABUTTING SAID SIDCWALKS AND THE REAL AND TRUE OWNERS THEREOF, AND SAID DIRECTOR,OF PUBLIC WORKS HAS HERETOFORE FILED SAID ESTIMATES AND A STATE- MENT OF OTHER MATTERS RELATING THERETO WITH SAID CITY COUNCIL, AND SAME HAS BEEN RECEIVED, EXAMINED AND APPROVED BY SAID CITY COUNCIL; AND , WEREAS, SAID CITY COUNCIL, BY DULY ENACTED ORDINANCE DATED NOVEMBER 12, 1969, DID DETER14INE THEINECESSITY OF LEVYING AN ASSESSMENT OF THAT PORTION OF THE COST OF CONSTRUCTING SAID IMPROVEMENTS ON THE ABOVE - NAMED STREETS, WITHIN THE LIMITS IIERE114 DEFINED, TO BE PAID BY THE ABUTTING PROPERTY AND THE REAL AND TRUE OW14ERS THEREOF, AND BY ORDINANCE DATED NOVEMBER 12, 1969 DID ORDER AND SET A HEARING TO BE HELD AT 3:00 O'CLOCK ON DECEMBER 10, 1969, 114 THE COUNCIL CHAMBER OF THE CITY HALL OF CORPUS CHRISTI, TEXAS, FOR THE REAL AND TRUE OWNERS OF THE PROPERTY ABUTTING UPON SAID STREETS, WITHIN THE LIMITS ABOVE DEFINED, AND FOR ALL OTHERS OWNING OR CLAIMING ANY INTEREST IN, OR OTHERWISE INTERESTED IN SAID PROPERTY, OR ANY OF SAID MATTERS AS TO THE ASSESSMENTS AND AMOUNTS TO BE ASSESSED AGAINST EACH PARCEL OF ABUTTING PROPERTY AND THE REAL AND TRUE OWNER OR OWNERS THEREOF, AND AS TO THE SPECIAL BENEFITS TO ACCRUE TO SAID ABUTTING PROPERTY BY VIRTUE OF SAID IMPROVEMENTS, IF ANY, OR CONCERNING ANY ERROR, INVALIDITY, IRREGULARITY OR DEFICIENCY IN ANY PROCEEDINGS, OR CONTRACT, TO APPEAR AND BE HEARD IN PERSON OR BY COUNSEL AND OFFER EVIDENCE IN REFERENCE TO SAID MATTERS; AND THE CITY COUNCIL DID BY SAID ORDINANCE ORDER AND DIRECT THE CITY TO GIVE NOTICE OF SAID HEARING TO THE OWNERS ABUTTING UPON SAID STREETS AS SHOWN BY THE CURRENT AD VALOREM TAX ROLL BY MAILING SUCH NOTICE TO SUCH OWNERS AND PUBLISHING SAID NOTICE AT LEAST THREE TIMES IN THE CORPUS CHRISTI TIMES BEFORE THC DATE OF THE HEARING, SUCH NOTICE BY MAIL AND BY PUBLICATION BEING IN COMPLIANCE WITH THE PROVISIONS OF ARTICLE 1105B OF VERNON'S ANNOTATED CIVIL STATUTES OF TEXAS; AND WHEREAS, SUCH NOTICE WAS GIVE14 SAID OWNERS OF PROPERTY AS SHOWN ON THE CURRENT AD VALOREM TAX ROLL WITHIN THE LIMITS OF THE STREETS BEING IMPROVED BY MAILING SUCH NOTICE A7 LEAST FOURTEEN (14) DAYS PRIOR TO TI1E HEARING TO SUCH OWNERS AND BY PUBLISHING THREE TIMES NOTICE OF SUCH HEAR- ING IN THE CORPUS CHRISTI TIMES, THE FIRST OF WHICH PUBLICATIONIAS AT LEAST TWENTY -ONE (21) DAUS PRIOR TO THE DATE OF SAID HEARING; BOTH FORMS OF NOTICE BEING IN COMPLIANCE WITH AND CONTAIN114G THE INFORMATION REQUIRED BY ARTICLE 1105B, VERNON'S ANNOTATED CIVIL STATUTES; AND WHEREAS, AFTER DUE, REGULAR AND PROPER NOTICE THEREOF, ALL AS PROVIDED -BY LAID AND THE CHARTER OF THE CITY OF CORPUS CHRISTI, SAID HEARING OF WHICH NOTICE WAS GIVEN, WAS OPENED AND HELD ON DECEMBER 10, 1g6g, 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 EVIDE14CE AS TO ALL MATTERS IN ACCORDANCE WITH SAID ORDINANCE AND NOTICE, AT WHICH TIME THE FOLLOWING APPEARED AND OFFERED THE FOLLOWING TESTIMONY: -3- Mayor Pro Tern Lozano reconvened the meeting at 3:00 p.m., directed that it be noted 4 that a quorum was present, and announced the Council would hold th&public hearing scheduled on assessments for the proposed Sidewalk Improvements, Unit V, consisting of construction of concrete and shell sidewalks in portions of the following streets: (1) Alameda Street, from Hancock to Agnes; (2) Brownlee Boulevard, Buford to Agnes; (3) Chico, Howard to Commanche; (4) Howard, Chico to 19th; (5) Clark, Norton to 150' east; (6) Norton, Naples to Ramsey; (7) Naples, Shely to Norton; (8) McArdle Road, Rodd Field to Nile Drive; (9) Ruth, 22nd to 25th; (10) Santa Fe, Craig to Morgan; (11) Weil Place; (12) McArdle Road, Nesbitt to Johnston; (13) Shirley Drive; (14) Karen Drive; and (15) John Jones Park. He stated that Assistant City Attorney Amador Garcia would conduct the hearing. Mr. Garcia explained the purpose of the public hearing and stated the Staff would offer testimony from the City Engineer, and evaluation testimony from a real estate` appraiser to sub- stantiate the assessments which appear on the Preliminary Assessment Roll, and stated that the s _ Mayor Pro Tern Lozano reconvened the meeting at 3:00 p.m., directed that it be noted 4 that a quorum was present, and announced the Council would hold th&public hearing scheduled on assessments for the proposed Sidewalk Improvements, Unit V, consisting of construction of concrete and shell sidewalks in portions of the following streets: (1) Alameda Street, from Hancock to Agnes; (2) Brownlee Boulevard, Buford to Agnes; (3) Chico, Howard to Commanche; (4) Howard, Chico to 19th; (5) Clark, Norton to 150' east; (6) Norton, Naples to Ramsey; (7) Naples, Shely to Norton; (8) McArdle Road, Rodd Field to Nile Drive; (9) Ruth, 22nd to 25th; (10) Santa Fe, Craig to Morgan; (11) Weil Place; (12) McArdle Road, Nesbitt to Johnston; (13) Shirley Drive; (14) Karen Drive; and (15) John Jones Park. He stated that Assistant City Attorney Amador Garcia would conduct the hearing. Mr. Garcia explained the purpose of the public hearing and stated the Staff would offer testimony from the City Engineer, and evaluation testimony from a real estate` appraiser to sub- stantiate the assessments which appear on the Preliminary Assessment Roll, and stated that the Minutes Regular Council Meeting December 10, 1969 Page 5 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, First Assistant Director of Public Works, presented and plans and specifications for the proposed sidewalk improvements and explained they are part of a proposed project designed to provide access to several schools in the City. He described the nature, extent, and specifications of the proposed sidewalks, and stated these plans and specifications were prepared in his office under his supervision. He explained that the sidewalks proposed are to be four feet in " t width with the exception of two streets where they will be five feet in width. He stated that the r total contract price, based on the recent assessment policy adopted by the Council, is $47,533.20; total assessment to property owners is $22,557.78, and that the total cost to the City is $24,975.42; and explained the manner in which the pro rata share was computed. He stated a problem has arisen as to placement of the sidewalk on Norton Street where huge palm trees exist along the curb; that letters have been received from the property owners requesting that the sidewalk be four feet in width and placed against the curb, in which case the palm trees would have to be removed; that as an alternative it had been suggested that the necessary easement be obtained from the property owners and that the sidewalk be placed back of the trees and narrowed to three and one -half feet, and that the proper adjustments be made in the rates. . Mr. Harold Carr, real estate appraiser, testified as to his background and experience which i he felt qualified him as a real estate appraiser for all types of property in the City; stated he had personally viewed and understood the extent and specifications of the proposed improvements; that he had personally viewed the preliminary assessment roll and each of the properties to be assessed; and stated that in his opinion, each of the properties so assessed would be enhanced in value at least to the extend of the proposed assessments, and that he does not recommend on adjustment on any single piece of property. Mayor Pro Tem Lozano gave property owners in the audience an opportunity to state his approval or objection to any of the proposed sidewalks or assessments to his property. The following persons appeared: 0 Minutes Regular Council Meeting December 10, 1969 Page 6 Item #47 - John R. Thomas, Lots 4, 5, 6, and 7, Block 9, Bayview Addition - Mr. Charles Hale, attorney representing Mrs. John R. Thomas and her three daughters, stated the notice appeared to be improper because the property had been described as being located on Clark Street, but stated he would stipulate that the described as correct. He stated his clients were vigorously opposed to the construction of the proposed sidewalks from Craig to Buford on the basis there are no school children, and no need for them since there is no pedestrian traffic; that Mrs. Thomas is a 90 -year old invalid widow confined to her bedroom, and that the proposed sidewalk construction would be within a few feet of her bedroom window which would be a nuisance and an injustice. He pointed out that the City had allowed business zoning in this area which does not necessitate construction of sidewalks; that his clients are willing to have the shrubs removed if they are objectionable, and that they are opposed on the basis the improve- ments would not benefit. Mrs. Otis Bowers, daughter of Mrs. Thomas, spoke on her behalf concurring in the statements made by Mr. Hale, and pointed out that sidewalks exist on the other side of the street all the way to Del Mar with the exception of an area in front of two buildings; that there is no bus stop, and that she feels the proposed sidewalks are useless. Mr. Carr stated that he had studied this particular property and that it was his opinion that sidewalks at this location would definitely benefit the area, pointing out that the property being used as a residence is not the highest and best use of the property. Items 0143 and 4144 - Alfred Mayorga, Lot 35, Block 1, and Lot 34, Block 1, Loma Alta Addition: Mr. Mayorga inquired as to whether or not driveways had been included in the con- struction. He was advised that they were not included and that if he desired ±driveways he should make arrangements with the contractor, and that credit would be allowed for driveway cuts. Item 1147 - Felipe Villa, Lot 31, Block 1, Loma Alta Addition: Alfred Mayorga spoke as interpreter for Mr. Villa and inquired as to how the payments are to be made. Item 012 - First Free Methodist Church, Lot 12, Block 12, Southmoreland Subdivision: Reverend Smith appeared as representative of the church and stated the members are opposed to the sidewalks on the basis that they already have sidewalks in front of the church, and that another one would only clutter up their head -in parking and create a hazard by cars having to cross the sidewalk ,L into their parking area. r » Minutes Regular Council Meeting December 10, 1969 Page 7 Item 022,1. H. Lester, Lot 20, Block 15, Arcadia Village: Mrs.. Lester stated she was not opposed to the sidewalks but that she was opposed to the 4 -foot easement proposed between the curb and the sidewalk, which would cut down the depth of her front yard and necessitate destruction of her palm trees. She suggested that the sidewalks be located between the palm trees and the curb. Item 015 - B. L. Miller, Lot 13, Block 15, Arcadia Village: Mrs. Edna Miller stated she was heartily in favor of the sidewalks, but that she could not understand why the City per- mitted that subdivision to be deve'l,oped without sidewalks in the first place which is penalizing the residents at this time. She stated she would be willing to sacrifice the palm trees if the plans could be modified to construct the sidewalk next to the curb. City Manager Townsend reported that letters had been received from three other residents in this area requesting that the sidewalk on this street be placed next to the curb. The letters were signed by Thelma Doughty, Cora Atkins, and C. O. Ward. Item 035 - Mrs. Lena Williams, Lot 1, Block 16, Arcadia Village: Mrs. - Williams stated she was opposed to the sidewalk on the basis it would decrease the size of her yard; would destroy the only Retama tree in the entire neighborhood; would be too close to her bedroom window; and that she does not feel the school children would use the sidewalk. Mr. Lontos stated the assessment had been reduced fifty percent because this property sides onto the street; and that it will be investigated further and a recommendation submitted. Item 018 - Martin Flores, Lot 16, Block 15, Arcadia Village: Mr. Flores stated he was not opposed to the sidewalk nor the assessment, but objected to the eight -foot reduction in the size of his property, and stated the sidewalk would be too close to his house. Item 030 - F. A. Voelkel, Lot 21, Block 19, Arcadia Village: Mr. Hamricks stated that if the sidewalk is going to be imposed upon him, -he would like to request that they be placed next to the curb. Items 052, 53, 54, 56 - Carrol I Jones Company, Lots 12 and Lot 1, Block 4; Lot 1 and 24, Block 3; and Lot 10, Block 2, all in Heritage Park 01: Mr. Phil Jones appeared and stated he was opposed to being asked to pay for sidewalks located on the opposite side of the street; that he felt they should be constructed on both sides of the street; and inquired if the individual Minutes Regular Council Meeting December 10, 1969 Page 8 owners could contract for the construction if they desired and found it could be done more economically. City Manager Townsend stated this would not be feasible since the contract had been awarded for the total project, and would be too complex. He explained that the School System officials had been consulted as to which side of the streets was most desirable for location of the sidewalk, and also a factor which was taken into consideration was the side of the street which has the greater number of houses, and which has the most intersections to be served by the sidewalks. Mr. Townsend stated that the Staff would review each and every one of -the requests. No one else appeared to be heard in connection with the proposed sidewalk construction. Motion by Bradley, seconded by McDaniel and passed, that the hearing be closed and tabled for further study. There being no further,business to come before the Council, the meeting was adjourned. THERE nCING NO OTHER PERSONS PRESENT WHO DESIRED TO BE t1EARO, THE M&YOR ANNOUNCED THAT THE HEARING WAS CLOSED AND DIRECTED THE CITY ATTORNEY TO PRCPARE AN ORDINANCE tNCORPORATING THE FINDINGS OF THE CITY COUNCIL WHEII MADE. %C.j• THAT AT SAID HEARING NO PROTESTS, OBJECTIONS OR TESTIMONY WERE OFFERED AS TO SAID IMPROVEMENTS, THE CONTRACTS OR ASSESSMENTS THEREFOR, OR AS TO ANY OF THE PROCEEDINGS IN REFERENCE THERETO EXCEPT AS HEREINA00VE SET OUT; THAT THE CITY COUNCIL HAS HEARD ALL PARTIES WHO APPEARED AND DESIRED TO BE HEARD AS TO THE SPECIAL BENEFITS IN ENHANCED VALUE TO ACCRUE TO SAID ABUTTING PROPERTY AND THE REAL AND TRUE OWNERS THEREOF AS COMPARED TO THE PORTION OF THE COSTS OF CONSTRUCTING SAID 114PAOVEMENTS PROPOSED TO BC ' AWSSED AGAINST SAID ABUTTING PROPERTY, AND HAS HEARD ALL PARTIES APPEARING AND OFFERING TESTIMONY, TOGETHER WITH ALL OBJECTIONS AND PROTESTS RELATIVE TO SUCH FLATTERS AND RELATIVE TO ANY ERRORS, INVALIDITIES OR IRRCGULARITIES IN ANY OF THE PROCEEDINGS FOR SAID IMPROVEMENTS, AND HAS GIVEN A FULL AND FAIR HEARING TO ALL PANTIES MAKING OR DESIRING TO MAKE ANY SUCH PROTEST OR OBJECTION OR TO °OFFER TESTIMONY, AND HAS FULLY EXAMINED AND CONSIDERED ALL •x OF SAID EVIDENCE, FLATTERS, TEST114ONY AND OBJECTION$ OFFERED, ilkii; THAT BASED Olt THE EVIDENCES MATTERS, TESTIMONY AND OBJECTIONS' i CONSIDERED AT SUCH HEARING THC SAID CITY COUNCIL HAS DETERMINED THAT THE PROPERTIES+ AND EACH AND EVERY PARCEL OF SUCH- PROPERTY ABUTTING UPON SAID SIDEWALK W1LC BE ENHANCED IN VALUE AND SPECIALLY DENEFITTC•D 114 AN AMOUNT IN EXCESS OF THE AMOUNT OF THE COST OF SUCH IMPROVEMENTS PROPOSED TO BE, AND AS HEREtNAFTER, ASSESSED AGAINST EACH OF SAID PARCEL$ OF PROPERTY, ABUTTING UPON SAID ALLEY, AND THE REAL AND TRUE OWNERS THEREOF. ,titfr THAT SAID CITY COUNCIL IS OF THE OPINION, AND FINDS THAT EXCEPT AS MAY BE VARIED THEREFROM IN THE ASSESSMENTS SET OUT IN SECTION f6 BELOW, THE FRONT FOOT PLAN OR RULE, IF-UNIFORMLY APPLIED, WOULD NOT RESULT IN INJUSTICES AND INEQUITIES SETWECtt THE DIFFERENT PARCCLS OF PROPERTY WITHIN THE SAME UNIT, TO WHICH SAID PLAN OR RULE IS HEREBY APPLIED THAT IN EACH OF THE CASES WHERE THE ASSESSMENT SET OUT IN SECTION 4 BCLOW HAS BEEN VARIED FROM THE FRONT FOOT PLAN OR RULE, SAID CITY COUNCIL 15 OF THE OPINION, AND FINDS, THAT SAID PLAN, IF UNIFORMLY APPLIED WOULD RESULT IN ; _ :�lk ti INJUSTICES AND,IHEQUITIES DCTWCEN THC DIFCCRENT PARCELS OF PROPERTY WITHIN THE SAME UNIT; AND THE CITY COUNCIL HAS DETERMINED TO APPORTION AND ASSESS THE COSTS IN A 0{FFCRENT MANNER IN SUCH PROPOATIO143 AS IT DEEMS AND FINDS TO DE JUST AND EQUITABLC, HAVING IN VIEW THE SPECIAL BENEFITS TO THE ENHANLED VALUE OF THE PROPERTIES. THAT SAID CITY COUNCIL HAS ADOPTED THC RULE OF APPORTIONMENT AND DIVISION OF THE COST OF SAID IMPROVEMENTS BETWEEN SAID ABUTTING PROPER - TICS AND THE REAL AND TRUE OWNER$ THEREOF HEREIN SET FORTH AND HAS FOUND THE SAME TO BE JUST AND EQUITABLE AND TO PRODUCE SUBSTANTIAL EQUALITY CON- SIDERING THE BENEFITS TO BE RCCEIVED AND THE BURDEN$ IMPOSED THEREBY; AND SAID CITY COUNCIL HAS FURTHER FOUND UPON THE EVIDENCE CONSIDERED THAT THE ASSESSMENTS HEREINAFTER MADE AND THE CHARGES IIEREBV DECLARED AGAINST SAID ABUTTING PROPERTIES AND THE REAL AND TRUE OWNCRS THEREOF ARE JUST AND EQUITABLE AND THAT ALL OBJECTIONS A14D PROTESTS SHOULD BE OVERRULED AND DENIED, SECTION P.. THERE Dam NO FURTHER PROTESTS OR TCST114ONY FOR OR AGAINST OR 14 REFERENCE TO SAID IMPROVEMENTS, BENEFITS OR PROCEEDINGS, SAID HEARING GRANTED TO THE REAL AND TRUE OWNCRS OF PROPERTIES. ABUTTING UPON SAID STREETS OR UNITS, WITHIN THE LIMITS HEREIN DEFINED, AND ALL PERSONS, FIRMS' CORPORATIONS AND ESTATES, OWNING OR CLAIMING SA14Z OR ANY INTEREST THEREIN, SHALL BE, AND THE SAME I$ HEREBY CLOSED$ AND ALL PROTCSTS AND DO- JECTIONS, WHETHER SPECIFICALLY MENTIONED OR NOT, SHALL DE AND THE SANE ARE HEREBY OVERRULED AND DENIED. SECTION 3. THE CITY COUNCIL HEREBY FINDS AND DETERNINCS UPON THE EVIDENCE HEARD IN REFERENCE TO EACH AND EVERY PARCEL OF PROPERTY ABUTTING UPON THE SAID 'STREETS AND UNITS HEREIR OCT OUT THAT THE ENHANCEMENT IN VALUE TO ACCRUE TO SAID PROPERTY AND THE REAL AND TRUE OWNERS THEREOF BY VIRTUE OF THE CONSTRUCTION OF SAID S1DL•WAI,KO WILL BE III EXCESS OF THE AMOUNT OF THE COSTS OF SAID IMPROVEMENTS PROPOSED TO DE$ AND AS HEREIN ASSESSED AGAINST SAID ABUTTING PROPERTIES AND THE REAL AND TRUE OWNERS ThERCOF, AND FINDS THAT THE APPORTIONMENT OF THE COSTS OF SAID IMPROVEMENTS AND THE ASSESSMENT$ HEREINDELOW MADE ARE JUST AND EQUITABLE AND PRODUCE SUBSTANTIAL EQUALITY, CONSIDERING SHE BENEFITS RECEIVCD AND THE BUADEP13 IMPOSED THEREOV, AND ARE IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, AND THE CHARTER °5- r Page 14 PROJECT: SIDEWALK IMPROVEMENTS UNIT V CONTRACTOR: FOWCO ITEM OWNER & PROPERTY DESCRIPTION QUANTITY DESCRIPTION TOTAL Nn. ASSESSED OF AMOUNT ASSESSMENT RATE AMOUNT ASSESS= 83. Merced Lopez, Jr. 45.81 L.F. Sidewalk 2.20 100.78 100.78 Lot 1, Block 10 Ext. of South End Addition 84. Guadulupe Salinas 45.81 L.F. Sidewalk 2.20 100.78 100.78 Lot2, Block 10 Ext. of South End Addition 85. Anita Bier 45.81 L.F. sidewalk 2.20 100.78 100.78 Lot 3, Block 10 Ext. South End Addition Co eman Avenue I tersection 46.06 L.F. 86. Sarah V. Fernandez sidewalk 2.20 101.33 101.33 Lot 1, Block 5 Ext. of South End Addition 87. Francisco R. Medina 46.06 L.F. Sidewalk 2.20 101.33 101.33 Lots 2 & 3, Block 5 Ext. of South End Addition 88. Weldon J. Ladewig 7.00 L.P.X Sidewalk 2.20 184.93 184 -•93 Lot 1, Block 8 'Morris & Mitchell's Addition *cr. existing sidewalk impr. Morris Avenue Intersection 140.00 L.F. 89. H. Lee Scott Sidewalk 2.20 308.00 308.0( Lot 1, Block 5 Morris & Mitchell's Addition 90. Estate of S.P. Ladin 139.34 L.F. Sidewalk 2.20 153.27 153.21 Lot 1, Block 5 (69.67) Steele & Laughlin Addition 50% Ma y Street Inte section ASSESSMENT ROLL 1_ PROJECT: SIDEWALK IMPROV24 NTS UNIT V CONTRACTOR: FOWCO ASSESSMENT RATES Zoned & Used R -1 or R -2 Curb. Gutter & Pavement P.l.f. = $ Zoned or Used other than R -1 or R -2 C. G. & Pvmt. .l.f. = $ Sidewalk 1_ p. s . f = $ Driveway p.s.f: = $ i ITEM OWNER & PROPERTY DESCRIPTION QTTANTITY DESGRTPIPMN mmmAT. N0, ASSESSED OF AMOUNT ASSESSMENT RATE AMOUNT ASSESSI 91. Martina Garza 118.0 L.F.1 Sidewalk 2.75 159.50 159.50 Lot 17, Block 18 (58.0) Chamberlain Addition 50% 92. A. R. Yzaguirre 35.0 L.F. Sidewalk 2.75 96.25 96.25 S. 35' of Lots 15 and 16 Block 18. 1 Chamberlain Addition �2 -A- Tommie Martinez 35.0 L.F. Sidewalk 2.75 96.25 96.25 Middle 35' Lots 15 and 16 _ Block 18 Chamberlain Addition + 93• Abel Serna 118.0 L.F. Sidewalk 2.75 324.50 324.50 Lot 17, Block 15 Chamberlain Addition Endl of Brownlee mprovements ements From incock Alameda Street Impr Avenue to A es Stre t B Pinning at Haock Avenue West Si le 94. Mrs. D. N. Grossman 100.0 L.F. Sidewalk 2.20 220.00 220.00 Lot 1,2,3 & 4, Block 11 Bay Terrace Addition 95• Lelia Livengood 120.0 L.F. Sidewalk 2.20 264.00 264.00 Lot 5,6,7,8 & S. 20' of Lot 9 Block 11 Bay Terrace Addition 96. John Q. McCoy 105.0 L.F. Sidewalk 2.20 231.00 31.00 N- 5' of Lot 9, Lots 10 - 13 Block 11 Bay Terrace Addition L� PROJECT: SIDEWALK IMPROVE[•MTS UNIT V CONTRACTOR: FOWOO ITEM OWNER & PROPERTY DESCRIPTION I QUANTITY I DESCRIPTION TOTAL Nn. AC,S-`FACF71 nF AMnumm ASSESSMENT RATE AMOUNT ASSESS 97• V. V. Hurst 53.78 L.F. Sidewalk 2.20 118.32 ' 118.32 Lot 1, Block 14 Ext. of South End Addition 98. Joe Salinas. 53.78 L.F. Sidewalk 2.20 118.32 118.32 Lot 2, Block 14 Ext. of South End Addition 99• H. Olsen 53.78 L.F. Sidewalk 2.20 118.32 118.32 Lot 3, Block 14 Ext. of South End Addition Coleman Street I tersection - 0 -•L.F. 100. Gilbert Isenberg Sidewalk 2.20 356 -. -18 356-.18 Lots 1, 2 & 3, Block 1 - Ext. of South End Addition - *credit existing sidewalk 101. Rosa Barnes - 0 - Sidewalk Lot 1, Block 12 Morris & Mitchell's extension of South End Additon * er. existing sidewalk Morxis Street Intcrsection 161.17 L.F. 102. Minnie T. Haas Sidewalk 2.20 177.28 177.28 Lot 1, Block 1 (80.58) Morris & Mitchell's Extension of South End Addition 50% IO2.a Henry Salazar 78.65 L.F. Sidewalk 2.20 173.03 173.03 Lot 2 -a, Block 1 Steel & McLaughlin Addition 103. Juan Cantu 78.09 L.F. Sidewalk 2.20 171.80 171.80 Lot 1 -a, Block 1 Steele & McIaughlin Addition 1 ' M. ry Street Int •rsection PROJECT: SIDEWALK IMPROVO4MTS UNIT V CONTRACTOR: FOWCO ITEM OWNER & PROPERTY DESCRIPTION QUANTITY DESCRIPTION I TOTAL Nn_ QCSEGSE-D nw AMQTTNPT ASSESSMENT RATE AMOUNT ASSESS 104. Romana Saldana 118.0 L.F. Sidewalk 2.20 259.60 259.6c Lot 17, Block 21 Chamberlain Addition 105. Abel Serna 118.0 L.F. Sidewalk 2.20 259.60 259.6c Lot 16, Block 21 Chamberlain Addition Margarite Street Intersection 118.0 L.F. Sidewalk 106. C. B. Mathiew 2.20 259.6o 259.6c Lot 17, Block 12 Chamberlain Addition 107. Richards & Roth - 0 - Lot 16, Block 12 Chamberlain Addition Cr. existing asphalt parking Ajameda es Street Int rsection End Street improvements W it Place Impr vements From Keiwood Drive to Agnes Street Beg_nning at Kenw od Drive East Sid 82.12 L.F. 108'. W. W. Meredith Sidewalk 2.20 90.33 90.33 Lot 1, Block 9 (41.o6) Westgate Heights 50% 109. D. V. Espey 116.58 L.F. Sidewalk 2.20 128.24 128.24 Lots 2 & 3, Block 9 (58.29) Westgate heights 50% 110. W. L. Loimmn 58.29 L.F. Sidewalk 2.20 64.11 64.11 Lot 4, Block 9 (29.14) Westgate Heights r auk Lam. Page 18 PROJECT: SIDEWALK IMPROVEMENTS UNIT V CONTRACTOR; FOWCO I•TEM Tan. OWNER & PROPERTY DESCRIPTION QUANTITY ASSESSED DESCRIPTION OF ASSESSMENT I RATE AMOUNT TOTAL AMOUNT ASSESSE 111. A. Id. Ritter 265 Longview W. 58.29 L.F. Sidewalk 2.20 64.11 64.11 Lot 5, Block 9 (29.14) Westgate.Heights 50% 112.• W. J. Morris 261 Longview Id. 58.29 L.F. Sidewalk 2.20 64.11 64.11 Lot 6, Block 9 (29.1'4) Westgate Heights 113. A. J. De Muele 257 Longview W. 63.61 L.F. Sidewalk 2.20 69.96 69.96 All lot 7, & N.11.69' (31.81) Lot 8, Block 9 Westgate Heights 114. Cecil D. Richardson 251 Longvie 1 63.60 L.F. Sidewalk 2.20 69.96 69.96 S. 38.32' Lot 8 & N.25.28' (31.80) Lot 9, Block 9 Westgate Heights 115. John W. Houston 247 Longview 63.60 L.F. Sidewalk 2.20 69.96 69.96 S. 25.03' Lot 9 & N.38.57' (31.80) Lill 1V, Bluc'k 9 Westgate Heights 116. Robert M. Morrow 241 Longview 62.24 L.F. Sidewalk 2.20 68.46 68.46 S. 12.13' Lot 10 & All 11 (31.12) Block 9, Westgate Heights 117. W. W. Meredith 239 Ohio 75.0 L.F. Sidewalk 2.20 82.50 82.50 All Lot 12 & N.25.0' Lot 13 (37.50) Block 9 Westgate Heights 118. M. E. White, Jr. 4510 Driftwood 102.26 L.F. Sidewalk 2.20 112.48 112.48 S. 25.0' Lot 13 & All 14 (51.13) Block 9 Westgate Heights t=--L( PROJECT: SIDEWALK IMPROVEMENTS UNIT V CONTRACTOR: ROW.O ITEM OWNER & PROPERTY DESCRIPTION QUANTITY DESCRIPTION TOTAL tun, naonoSru Or' AMOUN ASSESSMENT RATE AMOUNT ASSES Blue onnet Drive I tersection 83,66 L.F.- 119. Herman Ladewig Sidewalk 2.20 92.03 92.03 Lot 1, Block 11 (41,83) Westgate Heights *includes return on Bluebonnet Drive 120. Nicolas Abrego , 63.0 L.F. Sidewalk 2.20 69,30 69.30 Lot 2, Block 11 (31.50) Weesstgate Heights 121• A. C. Delgado 70.0 L.F. Sidewalk 2.20 77.00 77,00 Lot 3, Block 11 (35.00) Westgate Heights 50% 122• C.F. Roegels Lot 4, Black 11 70.5 L.F. (35.30) Sidewalk 2.20 77.66 77.66 Westgate Heights 123- R. F. Oliver 133.62 L.F. Sidewalk 2.20• 146.98 146.98 Lot 5, Block 11 (66.81) Heights Westgate 124. Bill Fowler Lot 6, Block ll 75.35 L.F. (37.67) Sidewalk 2.20 82.87 82.87 Westgate Heights 50% 24,a Mrs. Jonas Weil 649.65 L.F. Sidewalk 2.20' :1,429.23 1,1129.2, Jonas Weil 17.08 Acre Tract Agnes Street Int rsection End Weil Place Improvements Pape 20 PROJECT: SID04ALK IMPROVEMENTS UNIT V CONTRACTOR: F0wCO ITEM OWNER & PROPERTY DESCRIPTION I QUANTITY I DESCRIPTION I I I TOTAL N�- ASSESSED OF AMOUNT ASSESSMENT RATE AMOUNT I ASSESS; Chico Street From How ird Street to 1,ommanche Street Beg'nning at Howa d Street East Sid 107.46 L.F. Sidewalk 125.. Augustin Sanchez 2.20 118.21 118.21 Lot 26, Block 1 - except the (53.73) East 25 feet .Loma Alta Addition 50% 126. Acme Refrigeration Company, Inc 111.31 L.F. Sidewalk 2.20 122.43 122.4= Lot 25, Block 1 (55.65) Loma Alta Addition (50%) Comainche Street I tersection ' End of East 3ide End of Chico treet Howard St _et From Lqth Street tc Chico Street Be _ inning at lqth Street North-Sida 50 L.F. 127. Arthur M. Gomez Sidewalk 2.20 110.00 110.01 Lot 51, Block 1 Loma Alta Addition 128. Adolfo Jiminez 40 L.F. Sidewalk 2.20 - 88.00 88.00 Lot 50, Block 1 Loma Alta Addition 129. Inez B. I uie - 0 Lot 49, Block 1 Loma Alta Addition *credit for existing sidewalk 130. M. Guerrero) Lot 118, Block l' 6 L.F.* Sidewalk 2.20 13.20 13.21 131. Loma Addition sidewalk Ramon BernaLe 40 L.F. Sidewalk 2.20 88.00 08.0 Lot RI• "j, 1330ck J. Page 21 PROJECT: SIDL14ALK IMPROVEMENTS UNIT V CONTRACTOR: FOWM ITEM N0. OWNER & PROPERTY DESCRIPTION QUANTITY ASSESSED DESCRIPTION OF - ASSESSMENT j RATE AMOUNT TOTAL AMOUNT ASSESS] L32. Maria Munoz 110 L.F. Sidewalk 2.20 88.00 88.00 Lot 46, Block 1 Loma Alta Addition L33. B. S. Aparicio 40 L.F. Sidewalk 2.20 88.00 88.00 Lot 45, Block 1 Loma Alta Addition 134. B e-lia T. Aranda, 40 L.F. Sidewalk 2.20 88.00 88.00 Lot 44, Block 1 Loma Alta Addition 135• Jesus T. Rodriguez 40 L.F. Sidewalk 2.20 88.00 88.00 Lot 43, Block 1 Loma Alta Additbn 136. Fidel C. Saldana 40 L.F. Sidewalk 2.20 88.00 88.00 Lot 42, Block 1 Loma Alta Addition 137. Francisco C. Cabrera 40 L.F. Sidewalk 2.20 . 88.00 88.00 Lot 41. Block 1 Loma Alta Addition 138. Francisco C. Cabrera 40 L.F. Sidewalk 2.20 88.00 88.00 Lot 40, Block 1 Loma Alta Addition 139. Jose R. Narvaez 40 L.F. Sidewalk 2.20 88.00 88.00 Lot 39, Block 1 Loma Alta Addition 140. Susie 0. Farias 40 L.F. Sidewalk 2.20 88.00 88.00 Lot 38, Block 1 Loma Alta Addition Al. Jesus Saldana 40 L.F. Sidewalk 2.20 88.00 88.00 Lot 37, Block 1 Loma Alta Addition PROTECT: STTIPWAT.K IMPROVEMENTS ,TMTT IT CONTRACTOR: FOWCO ITEM NO. I OWNER & PROPERTY DESCRIPTION QUANTITY ASSESSED DESCRIPTION OF AS5ESS1dJ;1V'' RATE AMUUMe TOTAL AMOUNT A85E8,S' 142. Jesus Puente *35 L.F. Sidewalk 2.20 77.00 77.00 Lot 36, Block 1 Loma Alta Addition *cr. existing sidewalk 143. Alfred Mayorga, Jr. 40 L.F. Sidewalk 2.20 88.00 88.00 Lot 35, Block 1 Loma Alta Addition 144. Alfred Mayorga `• 40 L.F. Sidewalk 2.20 88.00 88.00 Lot 34, Block 1 Loma Alta Addition 145. Amelia Vargas Martinez 40 L.F. Sidewalk 2.20 88.00 88.00 Lot 33, Block 1 Loma Alta Additinn i46. Jesus G. Gonzalez -0 -* Lot 32, Block 1 Loma Alta Addition credit for existing sidewalk - ,1,7 �,.r.. � �- -ry L.X. Sidewalk 2.20 LSCS.UU 25ii.U0 Lot 31, Block 1 Loma Alta Addition 148. Angelita Lopez Ramirez 40 L.F. Sidewalk 2.20 88.00 88.00 Lot 30, Block 1 Loma Alta Addition 149. Alfredo G. Vargas 40 L.F. Sidewalk 2.20 88.00 88.00 Lot 29, Block 1 Loma Alta Addition - 150. Juan Santana - 0 - Lot 28, Block 1 Loma Alta Addition * credit existingsidewalk 151. -Pablo Martinez 40 L.F. Sidewalk 2.20 88.00 88.00 Lot 27, Block 1 Lana Alta Adaltion L. Pace 2 PROJECT: SIDEWALK IMPROVEMENTS UNIT V CONTRACTOR: FOWCO ITEM NO, OWNER & PROPERTY DESCRIPTION QUANTITY ASSESS> n DESCRIPTION OF ASSESSMENT RATE AMOUNT TOTAL narn,rnm I ASSESS: 152• E. S. Hinojosa 25 L.F. Sidewalk 2.20 55.00 55.00 East 25 Feet of Lot 26, Block 1 Loma Alta Addition L53• Augustin Sanchez 64.88 L.F. Sidewalk 2.20 142.74 1112.74 - Lot 26, Block 1, except East 25 Feet Loma Alta Addition Chi co Street IntE rsecti_on End of North Side Ind of Howard Street Karen Drive From escott to Shirley Drive Begi ping at Presc tt Street South Sid 154. Eluterio 0. Martinez 110 L.F. Sidewalk i 2.20 121.00 121.00 Lot 1, Block 5 (55.0) Pr es,2ntt -Park Addition VT it 11 I - 50% Shiley Drive Int rsection -From Karen Drive ginnin g At Karen Drive, going oath on East Side L55• Augustin Sanchez 99.00 90 L.F. Sidewa Lot 1, Block 4 (45.0) Prescott Park Addition Unit 4 156. Frank Melve 9 L.F. Sidewalk 2.20 99.00 99.00 Lot 4 (45-0) Prescott Park Additinn Unit 4 50 End of Shirle Drive End of East lide END 01 SIDEWALK UNII V PROJECT OF SAID CITY; AND FURTHER FINDS THAT ALL PROCCEDII05 AND CONTRACTS HERETO -' FORE 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 PROPERTICS, AS HEREINAFTER DESCRIBED, AND THE PERSONAL LIABILITY OF THE REAL' AND TRUE OWNERS' THEREOF, WHETHER NAMED OR CORRECTLY NAMED HEREIN OR NOTy HAVE BEEN IN ALL THINGS REGULARLY HAD AND PERFORMED IN'C014PLIANCE WITH THE LAW AND THE PROCEEDINGS OF SAID CITY COUNCIL. SECTION 4. IN PURSUANCC OF SAID ORDINANCE DULY ENACTED BY SAID CITY COUNCIL AUTHORIZING AND ORDERING THE CONSTRUCTION OF SAID SIDEWALKS AS HERE$NBELOW SET OUT.* WHICH Of WAS PASSED.* AS AFORESAID ON THE[ 12TH DAY OF NOVEMBER, 1969, AND IN PURSUANCE OF SAID PROCEEDINGS HERETOFORE HAD AND ENACTED BY SAID CITY COUNCIL IN REFERENCE TO SAID IMPROVC14ENTS AND BY VIRTUE OF THE POWERS VESTED IN SAID CITY WITH RESPECT TO SAID SIDEWALK IMPROVEMENTS BY THE LAWS OF THE STATE OF TEXAS, WITH PARTICULAR REFERENCE TO CHAPTER 106, ACTS OF THE FIRST CALLED SESSION OF THE 40TH LEGISLATURE, Gl KNOWN AS ARTICLE 110513, VERNONIS TEXA$ CIVIL STATUTES, AS AMENDED, AND ARTICLE IX, SECTION 6 OF THE CHARTER OF THE CITY OF CORPUS CHRISTI, TEXAS, THERE SHALL BE, AND I$ HEREBY LEVIED, ASSESSED AND TAXED AGAINST THE RESPECTIVE PARCELS OF PROPERTY HEREINAFTER DESCRIBED AND ABUTTING UPON THE SAID STREETS AND UNITS HEREINAFTER SET OUT'AND WITHIN THE LIHITS BELOW DEFINED AND AGAINST THE REAL AND TRUE OWNERS OF OUCH PROPERTY ,WHETHER SUCH REAL AND TRUE OWUORS BE NAMED OR CORRECTLY NAMED, OR SAID PROPERTIES OF CORRECTLY DESCRIDED HEREIN OR NOT, THE SEVERAL SUM$ OF MONEY HEREINAFTER MENTIONED AND ITEMIZED OPPOSITE THE DESCRIPTION OF THE RESPECTIVE PARCELS OF SAID PROPERTY, THE NUMBER OF FRONT FELT OF EACH, AND THE SEVERAL AMOUNTS ASSESSED AC4INST SAME AND THE REAL AND TRUE OWNERS THEREOF, AND THE NA14ES OF THE APPARENT OWNERS THEREOF, ALL AS CORRECTED AND ADJUSTED BY SAID CITY COUNCIL, BEING AS FOLLOWS, TO"WIT: 0 SECTION 5. THE ASSESSMENTS LEVIED IN SECTION 4 ABOVE ARE FOR A PORTION OF THE COSTS OF SAID IMPROVCMENTS IN THE STREETS AND UNITS THEREIN SET OUT, AND THE ASSESSMENTS FOR THE IMPROVEMENTS IN SAID UNITS ARE IN NOWISE RELATED TO, OR CONNECTED WITH, THE IMPROVEMENTS OR ASSESSMENTS IN ANY OTHER OF THE STREETS OR UNITS DESCRIBED IN SAID ORDINANCE OR -EACH OTHER; AND IN LEVYING SAID ASSESSMENTS THE AMOUNT SO ASSESSED FOR THE IMPROVEMENT IN SAID UNITS HAVE BEEN IN NOWISE AFFECTED BY ANY FACT OR THING IN ANY WAY CONNECTED WITH THE IMPROVEMENTS OR THE ASSESSMENTS THEREFOR IN ANY OTHER OF SAID UNITS. THE OMISSION OF THE IMPROVEMENTS IN ANY OF SAID STREETS OR UNITS AS A WHOLE SHALL IN NOWISE AFFECT NOR IMPAIR THE VALIDITY OF THE ASSESSMENTS IN ANY OTHER OF SAID UNITS AND THE OMISSION OF THE IMPROVEMENTS IN ANY PARTICULAR STREET OR UNIT IN FRONT OF ANY PARCEL OF PROPERTY EXEMPT FROM THE LIEN OF SUCH ASSESSMENTS OR AGAINST WHICH A VALID PROPERTY ASSESS- MENT CANNOT BE LEVIED, SHALL IN NOWISE AFFECT NOR IMPAIR THE VALIDITY OF THE ASSESSMENTS AGAINST THE OTHER PROPERTIES IN SUCH UNIT. SECTION 6. THE SEVERAL SUMS MENTIONED ABOVE IN SECTION 4 HEREOF, ASSESSED AGAINST SAID PARCELS OF ABUTTING PROPERTY AND THE REAL AND TRUE OWNERS OR OWNER THEREOF, WHETHER SAID OWNERS BE NAMED OR CORRECTLY NAMED, OR SAID PROPERTIES BE CORRECTLY DESCRIBED HEREIN OR NOT, TOGETHER WITH INTEREST THEREON AT THE RATE OF SIX AND ONE -HALF PERCENT (6 -1/2%) PER ANNUM AND WITH REASONABLE ATTORNEYS FEES AND ALL COSTS AND EXPENSE OF COLLECTION, IF INCURRED, ARE HEREBY DECLARED TO BE AND MADE A.FIRST AND PRIOR LIEN UPON THE RESPECTIVE PARCELS OF PROPERTY AGAINST WHICH SA14E ARE ASSESSED FROM AND AFTER THE DATE SAID IMPROVEMENTS WERE ORDERED BY SAID CITY COUNCIL, AND A PERSONAL LIABILITY AND CHARGE AGAINST THE REAL AND TRUE OWNER OR OWNERS THEREOF, WHETHER OR NOT SUCH OWNER OR OWNERS BE NAMED OR CORRECTLY NAMED HEREIN, PARAMOUNT AND SUPERIOR TO ALL OTHER LIENS, CLAIMS OR TITLES EXCEPT FOR LAWFUL AD VALOREM TAXES; AND THAT THE SUMS SO ASSESSED SHALL BE PAYABLE TO THE CITY OF CORPUS CHRISTI, OR ITS ASSIGNS, IN MONTHLY INSTALLMENTS OF NOT EXCEEDING TWENTY -FOUR (24) IN NUMBER, SAID PAYMENTS TO BE MADE AT THE CITY HALL 'IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, THE FIRST OF WHICH SHALL BE PAY- ABLE WITHIN THIRTY (30) DAYS FRO14 THE DATE OF THE COMPLETION OF SAID -7- IMPROVEMENTS AND THEIR ACCEPTANCE BY THE CITY OF CORPUS CHRISTI AND ONE INSTALLMENT SHALL BE PAYABLE EACH 14ONTH THEREAFTER UNTIL SAID ASSESSMENT HAS BEEN PAID IN FULL, INCLUDING INTEREST THEREON AT THE RATE OF 6-112% PER ANNUM FROM AND AFTER THE DATE OF SAID COMPLETION AND ACCEPTANCE, PAST DUE PRINCIPAL AND INTEREST TO BEAR INTEREST AT THE SAME RATE PER ANNUM UNTIL PAID, SO THAT UPON THE COMPLETION AND ACCEPTANCE BY SAID CITY COUNCIL OF THE IMPROVEMENTS IN ANY UNIT OR PORTION OF STREET ABOVE DEFINED, THE ASSESSMENTS AGAINST THE PROPERTY ABUTTING UPON SUCH COMPLETED AND ACCEPTED UNIT SHALL BE AND BECOME DUE AND PAYABLE IN INSTALLMENTS AS PROVIDED. PROVIDED HOWEVER, THE OWNER OR OWNERS OF ANY SUCH PROPERTY SHALL HAVE THE PRIVILEGE OF PAYING ALL OW ANY OF SAID INSTALLMENT, TOGETHER WITH INTEREST ACCRUED THEREON DOWN TO THE DATE OF PAYMENT; AND PROVIDED FURTHER THAT THE OWNER OR OWNERS OF ANY SUCH PROPERTY MAY PAY THE TOTAL OF SUCH ASSESSMENT WITHOUT INTEREST WITHIN THIRTY (30) DAYS AFTER THE COMPLETION AND ACCEPTANCE OF SAID IMPROVEMENTS. IF DEFAULT SHALL BE MADE IN THE PAYMENT OF ANY INSTALLMENT OF PRINCIPAL OR INTEREST, PROMPTLY WHEN DUE, THEN AT THE OPTION OF THE CITY'OF CORPUS CHRISTI, OR ITS ASSIGNS, THE ENTIRE AMOUNT OF SAID ASSESSMENT UPON WHICH DEFAULT IS MADE TOGETHER WITH REASONABLE ATTORNEYS FEES AND ALL COSTS AND EXPENSES OF COLLECTION, ° IF INCURRED, SHALL BE AND BECOME IMMEDIATELY DUE AND PAYABLE. SECTION 7. 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 EN- FORCED, AT THE OPTION OF THE CITY OF CORPUS CHRISTI, OR ITS 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 IN FORCE IN SAID CITY FOR THE COLLECTION OF AD VALOREM TAXES. SECTION 8. FOR THE PURPOSE OF EVIDENCING SAID ASSESSMENTS THE LIENS SECURING SAME AND THE SEVERAL SUMS ASSESSED AGADZ T THE SAID PARCELS OF PROPERTY, AND THE REAL AND TRUE OWNER OR OWNERS THEREOF, AND THE TIME AND TERMS OF PAYMENTS AND AID IN THE ENFORCE14ENT THEREOF, ASSIGNABLE CERTIFICATES SHALL BE ISSUED BY THE CITY OF CORPUS CHRISTI] TEXAS, TO In THE CITY 01' CORPUS CHRISTI UPON THE COMPL£F10N AND ACCEPTANCE OF SAID SIDE VALK IMPP,O`/£T1MITS IN A14Y U141T OR PORTION OF STREET ADDVE DEFINED, wRICH CERTIFICATES SHALL CE EXECUTED E1Y TIIE MAYOR IN THE HAY.E OF THE CITY, ATTEST::D BY THE CITY SECRETARY WITH THE CORPORATE SEAL, AND WHICH SHALL DECLAPF THr AMOUNTS OF SAID ASSESSt1_?I1'S AND THE TIMGS AND TERMS TbtCREOF, THE RAT£ OF INTEREST TIiCF.EO ?4, THE DATE OF THE COMPLM ON AND THE ACCEPTANCE OF THE Ib1PF10VEAfENTS FOR WHICH THE CERTIFICATE IS ISSVCO; AtiO SHALL CONTAIN THE HAVE OF THE APPARENT OWNER OR 0;01ER5 AS ACCURATELY A$ POSSIBLE, AND THE DESCRIPTIOH OF THE PROPERTY ASSESSEO BY LOT AND £LOCK 14UOiP£R OR FRONT FOOT• TH£R£OF, 0.1 SUCH OTHER DESCRIPTIONS AS MY OTt1CR }JISE IDENTIFY T11E SAM, 4 AND IF THE SAID PROPERTY SHALL DE OWNED B1 AN-ESTATE OR FIRI•{, IMC14 TO SO STATE TIIE FACT SHALL BE SUFFICIENT, AND 110 ERROR OR MISTAKE IN DESCRIBING ANY SUCH PROPERTY OR I11 GIVING THE NAME OF ANY OWNER OR OWNERS, OR OTHER- WISE, SHALL 114 ANYTII$£ 1HV4LIDATE OR IMPAIR THE ASSESSI4ENT LEVIED HERLSY OR THE CErTIFICATE ISSUED IN EVIDENCE THEREOt. - THE SAID CERTIFICATE SHALL FURTHER PROO DL $V05TANTIALLY THAT IF DEFAULT SHALL BE MiADE IN THE PAYMENT OF ANY ItISTA1.1-mCNT OF PRINCIPAL OP i NTfRCST WHEN DUE, THEN AT THE OPTION OF THE CITY OF CORPUS CtimeT1, OR ITS ASSIGNS, OR THE IiDLOEFI TNEREOF, THE WHOLE OF SAID ASSE$5111;,la kYIOEHCEO THERE- BY SIIALL AT ONCE BECOME CUE AND PAYABLE AND SHALL PF COLLECTIBLE lf$Tll P.E,ASOIIAULE ATTORNEYIS FOES AND ALL EXPENSES AND COSTS OF COLLLCTION, IF INCUPPED; AND SAID CERTIFICATE SHALL SET FORTH AND EVIDEt.CE YHE PERSONAL LIABILITY OF THC FIEAL AND TRUE OWNER OR OWNERS OF SUCH PROPERTY, illmTHER NAMED OR COP.RECTLY HAFIED TH£RE114 OR NOT, AHD THr LI CN UPON SUCH PROPERTY= AND THAT SAID LIEN 16 'FIRST A14D PARAMOUNT THEREON, SUPERIOP. TO ALL OTHER LIENS, • TiTLCS AND CHARLES, EXCEPT FOR LAWFUL AD VALON04 TAXES, FROM AND AFTER THE DATE. SAID IMPROVEt4VITS WERE ORDERED BY SAID CITY COUNCIL, AND SHALL. PROVIDE IN EFFECT, TiIAT IF DEFAULT SIIALL DE 14AOC lit THE PAYMENT TIICREOF, THE SA14E MAY DE E14FORCCD, AT THE OPTION OF THE CITY OF CORPUS CHRISTI OR ITS ASSIGNS, CITRCR BY THE SALG OF THE PROP =RTY 111VICIN DLSC:IOCD IN THC N.ANUCt1 PROVIDED FOR THE COL{ECTIOH OF AD VALOEtEId TAXES AS AOOVE RELITCD, OR BY SUIT 114 ANY COURT IIAVifM JURISDICTION. •'3- SAID CERTIFICATE SHALL FURTHER RECITE IN EFFECT THAT ALL THE PRO - CEEDIHQS WITH REFE11VICE TO tMIMIG SAID IMPROVEMENTS HAVE BEEN REGULARLY HAD III CO:4PLIANCE 111TR THE LAl1 In FOP.CC III SAID CITY AND PROCCEDiNGS OF THE CITY COUNCIL OF SAID CITY, AND THAT ALL PREPCOUISITES I'D THE FIXING OF THE ASSESSIiaiF LICH AGAINST THE PROPERTY AND THE PERSONAL LiADILITY OF THE REAL AND TRUE WHER OR OWNERS THEREOF, EVIOF.tICEO BY SUCH CERTIFIA CATCS, HAVE SEEN REGULARLY DONE AND PERI.ORHED, WHICH RECITALS SHALL 6C EVIDENCE OF ALL THC MATTERS AND FACTS SO RECITED, AND NO FURTHER PROOF THEREOF SHALL BE REQUIRED IN ANY COURT. $AID CERTIFICATES SHALL FURTHER PROVIDE III EFFECT THAT THE CITY OF CORPUS CHRISTI, TEXAS, SHALL EXERCiSC HLL OF ITS LA%IFVL POWERS, IIHE14 REOVE:TEO SO TO DO BY THE HOLDER OF SAID CERTIFICATES, TO Ala It, TFtE En- FORCEMENT AND COLLECTION THEP_'OF, AND SAID CERTIFIC11TE3 MAY CONTAIN OTFIER AND FURTHER RECITALS PERTINENT AND APPROPRIATE THERETO. IT SHALL HOT BE. urrre r.s uu T!MT cair. CrFMFlrx TVC nr Ira Tur cvgrT rnOM A5 AnM1r crT FORTH, BUT THE SUBSTANCE AND EFFECT THEREOF bHALL SUFFICE. SECTION g. ALL SUCH AS$ESSMENTS LEVIED ARC, AND SHALL BE A PER^ SOFIAL LIABILITY AND CHARGE AGAINST THE RESPECTIVE REAL APED TAME 01MER OR OWNERS OF SAID ADUTTING PROPERTIES, IIOTWITHSTANDING SUCH OWNER OR OWNERS MY NOT CC NAMED Oft CORRECTLY HARED, At4D ANY IRREGULARITY III THE NA14C OF THE PROPCHTY 011110, OR THE DESCRIPTION OF ANY PROPERTY OR THE AHOUNT OF ANY ASSESSMENT, OR IN ANY OTHER MATTER OF THING SHALL HOT III ANYWISE INVALIDATE OR IMPAIR ANY ASSESSMENT LEVIED HER£OY OR ANY CERTIFICATE IS3UEo, AND ANY SUCH 1413TAKE, OR CRROR, INVALIDITY OR IRRECVLARITY, WHETHER IN SUCH ASSESS - MNT OR IN THE CERTIFICATES ISSUED IN EVIOCUCE THCREOF, Wly BC, BUT IS HOT RrDUIF.EO TO BE, IN ORDER TO CC ENFO:RCEADLE, CORRECTED AT ANY T114C BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS. _ THE TOTAL AMOUNTS ASSESSED AGAINST THE RESPECTIVE PARCELS OF PROPERTY AOUTTING UPON THE UNIT'S OR PORTIONS OF &TREETS ABOVE SET OUT, AND THE REAL AND TRUC OWNER OR QW4CR3 THEREOF, ARE THE $AMC, oft LESS THAN, THE CSTMATES OF SAID ASSESSMENT$ PItrPARCD BY THE DIRECTOR Or PUBLIC :iORKS AND APPROVED AND ADOPTED BY SAID CITY-COUt1CIL, Atli) ARE IN ACCGRDAAICE WITH THE PROCCCOINGS OF SAID CITY f:ELATiVE TO SAID IMPROVCiCUTSi AND ASSCCSMEI4TS mj 0- THEREFOR, AND WITH THE TERMS, POWERS AND PROVISIONS OF SAID CHAPTER 1O6 OF THE ACTS OF THE FIRST CALLED SESSION OF THE YOTH LEGISLATURE, KNOWN AS ARTICLE 11058, VERNON'S TEXAS CIVIL STATUTES, AS AMENDED, AND ARTICLE IX, SECTION 6 OF THE CHARTER OF SAID CITY, UNDER WHICH TERMS, PROVISIONS AND POWERS OF SAID ACTS SAID IMPROVEMENTS AND ASSESSMENTS WERE HAD AND MADE BY SAID CITY COUNCIL. .SECTION 10. THE IMPORTANCE TO THE PUBLIC OF DETERMINING THE ASSESSMENTS AGAINST PROPERTY OWNERS.AND THEREBY ENABLING CONSTRUCTION TO PROCEED AS PROMPTLY AS POSSIBLE CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDI- NANCE OR RESOLUTION SHALL BE PASSED F114ALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEET- INGS OF THE CITY COUNCIL, AND THE MAYOR, HAVING DECLARED THAT SUCH EMERGENCY AND NECESSITY EXIST, HAVING REQUESTED THAT SUCH CHARTER RULE BE SUSPENDED AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE /qd.-DAY OF DECEMBER, 1969 • ATTEST: ✓ � 9 CITY SECR TAR / APPROVED: U DAY OF DEC PER, 1969: CITY ATT'bFRNEY yt4A",e&�.j R THE CITY OF CORPUS CHRISTI, TEXAS f Corpus Christi, Texas 17ZL day of 19Q7 TO THE tEMBERS 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; 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, wG� D XOR . THE CITY OF CORPUS CiH�ISTI, TEXAS The Charter rule was suspended by the following vote: Jack R. Blackmon Gabe Lozano, Sr. V. A. "Dick"Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. "Wrangler" Roberts Ronnie Sizemore The above ordinance was passed by the following vote: Jack R. Blackmon Gabe Lozano, Sr. V. A. "Dick" Bradley, Jr. _ Eduardo E. de Ases Ken McDaniel W. J. Wrangler" Roberts . Ronnie Sizemore r