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HomeMy WebLinkAbout09886 ORD - 08/12/1970• C, AN ORDINANCE CLOSING THE HEARING ON STREET IMPROVEMENTS FOR OCEAN DRIVE, FROM APPROXIMATELY 120 FEET EAST OF THE EASTERLY RIGHT -OF -WAY LINE OF ALAMEDA STREET TO NORTH GATE, NAVAL AIR STATION, IN THE CITY OF CORPUS CHRISTI, AND FINDING AND DETERMINING THAT PROPERTY ABUTTING SAID STREETS WILL BE SPECIFICALLY BENEFITTED AND ENHANCED IN VALUE IN EXCESS OF COST OF THE IMPROVEMENTS, AND LEVYING AN ASSESSMENT: 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 June 24, 1970, determined the necessity for, and ordered the improvement of Ocean Drive, from approximately 120 feet East of the easterly right -of -way line of Alameda Street to North Gate, Naval Air Station, in the City of Corpus Christi, in the manner and according to the plans and specifications heretofore approved and adopted by the City Council by ordinance dated June 24, 1970, 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, 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 Ocean Drive 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 ordinance dated June 24, 1970, did determine the necessity of levying an assessment for that portion of the cost of constructing said improvements an the above - named street, within the limits herein defined, to be paid by the abutting property and the real and true owners thereof, and by ordinance dated June 24, 1970, did order and set a hearing to be held at 3:00 p.m., on July 22, 1970 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 m 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 street 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 the date of the hearing, such notice by mail and by publication being in compliance with the provisions of Article 1105b or Vernon's Annotated Civil Statutes of Texas; and WHEREAS, such notice was given said owners of property as shown on the current ad valorem tax roll within the limits of the street being improved by mailing such notice at least fourteen (14) days prior to the hearing to such owners and by publishing three times notice of such hearing in the Corpus Christi Times, the first of which publication was at least twenty -one (21) days prior to the date of said hearing; both forms of notice being in compliance with and containing the information required by Article 1105b, Vernon's Annotated Civil Statutes; and WHEREAS, after due, regular and proper notice thereof, all as provided by law and the Charter of the City of Corpus Christi, said hearing of which notice was given, was opened and held on July 22, 1970, in the Council Chamber at City Hall in the City of Corpus Christi, Texas, in accordance with said ordinance and notice, at which time an opportunity was given to all said above mentioned persons, firms, corporations and estates, their agents and attorneys, to be heard and to offer evidence as to all matters in accordance with said ordinance and notice, at which time the following appeared and offered the following testimony: -2- • Minutes Regular Council Meeting July 22, 1970 Page 9 0 ORDINANCE NO. 9855 11 is AME G SECTION 21 -131 OF THE CORPUS CHRISTI CITY CODE , AS AMENDED, BY AMEND G PARAGRAPH 1, OF SUBSECTION (a), SO AST TORE PARKING METERS ON TH ST SIDE OF CHAPARRAL STREET, AD T TO LICHTENSTEIN'S, INC., AND BY AME DE PARAGRAPH 5, OF S CTION (a), SO AS TO RESTORE PARKING MEMBERS ON ORTH SIDE O RENCE STREET BETWEEN CHAPARRAL STREET AND MESQUITE STREET; D ARING AN EMERGENCY. The Charter Rule w spended and %4Qregoing ordinance was passed by the following vote: BlackmoDokfzano, Bradley, de Ases, McDaniel, and Sizemore, present and Following a brief recess, Mayor Blackmon reconvened the meeting and scheduled public hearing on paving assessments for the improvement of Ocean Drive, Unit V, from Alameda Junction, approximately 120 feet East of the easterly right of way line of Alameda Street to the North Gate, Naval Air Station. Mayor Blackmon directed that it be noted that a quorum of the Council was present; that each member of the Council had been furnished with a copy of the Assessment Roll; explained the procedure to be followed; and stated that Assistant City Attorney Bob Coffin would conduct the public hearing. Mayor Blackmon stated that due to the fact that he is a member of the Board of Trustees of the University of Corpus Christi, (owners of Parcel (a) South Side, and Parbel (b) North Side), he would disqualify himself from taking part in any decisions on those parcels. Mr. Bob Coffin 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 substantiate the assessments which appear on the 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. City Engineer Gerald Smith, presented the plans and specifications for the proposed improvements; testified as to his qualifications and as to the nature, extent and specifications; stated that the project is to be financed jointly by the Federal Government and the City; that the local share is the amount over and Above $1,000,000.00 which is to be paid by the Federal Government, the City's share being $65,935.79, of which amount $21,919.24 will be assessed 9 • • Minutes Regular Council Meeting July 22, 1970 Page 10 against the abutting property owners and the City paying the remainder in the amount of $44,016.55. He explained that the total cost includes the elevated bridge and all roadwork set forth in the contracts with the State. He explained the manner in which the prolrato share was computed, and stated that the assessment rates have been determined to include only the curb and gutter sections and the hot -mix asphalt surface, and that the rates are calculated based on the low bid submitted by Heldenfels Brothers. He further stated that the rates calculated on this project are comparable to the rates used on the Weber Road Project. Mr. Harold Carr, the City's expert witness, testified as to his background and experience which he felt qualified him as a real estate appraiser. He testified that he had personally viewed and understood the extent and specifications of the proposed improvements; stated that he had personally viewed the assessment roll and each of the properties to be assessed, and that in his opinion, each of the properties so assessed would be enhanced in value at least to the extent of the proposed improvements. Owners and representatives of the three abutting properties were given an opportunity to question Mr. Smith and Mr. Carr relative to specifications and methods used in calculating the rates and bases for assessments. Mr. Jerry Fischer, attorney representing the University of Corpus Christi, questioned Mr. Carr if his opinion that the property would be enhanced was based on an appraisal both before and after the improvements; and what method he had used in arriving at the amount of the enhancement. Mr. Carr stated he had taken into consideration the front footage on Ocean Drive of the property owned by the University of Corpus Christi on which side most of the improvements wi II be constructed, and also the north side of the property which extends down to the water's edge. He stated he had been advised that it was not necessary for an appraisal of properties before the improvements, and that he does not have the burden of making an exact appraisal of the property; that his opinion was based on his familiarity with the property and the value which he considered would be added by virtue of the improvements. He stated the inefhods'he hod used in arriving at his conclusion were the same elements used on other projects which were consideration of the condition of the street before and after the improvements, width, condition Minutes Regular Council Meeting July 22, 1970 Page 71 of curbs, drainage, comparison to other streets, etc; stated that waterfront properties are considered more valuable, and that it was his opinion that the property in question would be enhanced in value at least the amount of the assessment and perhaps two or three times this amount. Mr. William Riddick, appeared representing G. W. Henrichson and Dave Sughrue, Lot 5, Section 16, Flour Bluff and Encinal Farm and Garden Tracts, and questioned Mr. Carr if his opinion had been based partially on the benefits which have obviously accrued on the previous Ocean Drive Project. He stated that the traffic which moves along the portion of Ocean Drive from the Alameda Junction toward town, is used primarily to accommodate residents of Ocean Drive and adjoining areas for use in traveling back and forth to town, and stated that the portion of Ocean Drive from the Alameda Junction to the Naval Air Station is different in character being used primarily for Naval Base traffic and does not serve as an artery for streets leading to and from homes or businesses. Mr. Carr stated that in arriving at his opinion that the subject property would be enhanced in value at least to the amount of the assessment, he had taken into account the benefits which have already accrued on the previously improved portions of Ocean Drive, and that it is part of the total picture. He pointed out that there are many incidental uses for this street, a portion of which is to accommodate traffic to the Naval Air Station and partly to benefit travelers to and from residences along the roadway. He predicted that some of this property will be developed commercially, stated that it is his opinion that the owners, at the present time, would not consider selling the land for $2.50 per front foot, and that it is his opinion that the proposed improvements on this portion of Ocean Drive will change the entire character of the property and increase its value tremendously. Mr. Riddick stated that Mr. Carr appears to be basing his opinion on the balue of the property on its potential possibilities which will cost more than the estimated accrued value after the proposed improvements. Mayor Blackmon stated that each property owners, having been given the opportunity to question Mr. Smith and Mr. Carr relative to specifications and bases for assessments, would nowbe privileged to state their objections to the assessments. • • • • Minutes Regular Council Meeting July 22, 1970 Page 12 Item 01, G. W. Henrichson and Dave Sughrue, Lot 5, Section 16, Flour Bluff and Encinal Farm and Garden Tracts - Mr. Riddick, spoke in protest to the amount of the assess- ments, stating he had been involved in attempting to improve the areas in this vicinity, including Cayo del Oso, for the past ten years, and pointed out that an attempt had been made to have Ocean Drive re- routed behind the University of Corpus Christi, which would have enhanced the value of the land, but that all of these have failed, and now the City is pro- posing to enhance the value by improving the street and assessing the property owners for the costs. He re- emphasized his statement that the improvement would primarily serve the Naval Air Station and would not be for the benefit of the property owners, and that he feels the enhancement, as discussed by Mr. Carr, is arbitrary and that it is his opinion that no enhance- ment to the property will accrue by virtue of the improvements. Item #2, Jack Maddux, Lot 17, Block 1, Edgewater Terrace - Mr. Maddux stated he was very well satisfied with the proposed improvements and did not object to the assessments. Item 03, University of Corpus Christi (a) South Side, and (b) North Side - Attorney Jerry Fischer gave a history of former proposals for the improvement of Ocean Drive in which he stated several Federal Agencies have been involved, one of which was for obtaining better access through the North Gate route, and that a Federal Agency did agree to the grant of one - million dollars for this plan; stated that the initial Highway Department plans for this were estimated to be something under one million; that at that time the City agreed to pay the difference between one million and the actual cost of the improvements. He stated that he had been informed that the cost is comparable to that of the Weber Road improvements, but that it is his opinion that the two projects are entirely different; stated that the City, in that instance, bore the major portion of the construction costs, but in this case the City is attempting to regain in excess of one -third of the construction costs. He stated that Mr. Carr's opinion relative to the University of Corpus Christi may or may not apply, but that he doubts that the improvement of this street is going to attract any more students to the University, and will not make it any more economical to operate. He further questioned the enhancement of the property by virtue of the improvements to the water side because of its shallow depth. He stated he feels the enhancement should be based on present usage rather than on potential enhancement in the future, and that he feels the cost should be shared by those citizens who will use the street. 0 .0 0 0 Minutes Regular Council Meeting July 22, 1970 Page IT City Manager Townsend pointed out that the 1961 bond issue of which Mr. Riddick referred, was for the expansion of the Oso Sewage Treatment Plant; that the bonds were sold and expended for acquisition of land and sewage treatment facilities in that area. He pointed out that the bond issue for rerouting Ocean Drive did not pass; that Weber Road is a State Highway and therefore, some similarity to the subject project does exist. No one else appeared to be heard in connection with the proposed street improvements. Motion by Roberts, seconded by Bradley and passed, that the hearing be closed. Motion by Sizemore, seconded by Roberts and passed, that the matter of paving assessments on Ocean Drive, from Alameda Junction to Naval Air Station, be tabled for further consideration There being no further testimony offered or any further parties appearing to be heard, upon proper motion, duly seconded and unanimously carried, the said hearing was declared closed; and WHEREAS, no further parties appearing and no further testimony being offered as to the special benefits in relation to the enhanced value of said abutting property as compared to cost of the improvements of said portion of said street proposed to be assessed against said property, or as to any errors, invalidities or irregularities, in the proceedings or contract heretofore had in reference to the portions of said street to be improved; and WHEREAS, said City Council has heard evidence as to the special benefits and enhanced value to accrue to said abutting property, and the real and true owner or owners thereof, as compared with the cost of making said improvements on said street, within the limits above defined, and has heard all parties appearing and offering testmony, together with all protests and objections relative to such matters and as to any errors, invalidities or irregularities in any of the proceed- ings 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 Ocean Drive, within the limits to be improved as herein defined, will be enhanced in value and specially benefitted by the construction of said improvements upon the said street upon which said property abuts, in an amount in excess of the amount of the cost of said improvements proposed to 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 had -3- 0 0 and the proceedings of said City Council heretofore had with reference to such improvements, and in all respects to be valid and regular; and said City Council did further find upon said evidence that the assess- ments hereinbelow made and the charges hereby declared against said abutting property on said portion of said Ocean Drive, within the limits defined, and the real and true owner or owners thereof, are just and equitable and did adopt the rule of apportionment set out below and the division of the cost of said improvements between said abutting proper- ties, 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 ME CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TMS: SECTION 1. That there being no further protest or testimony for or against said improvements, said hearing granted to the real and true owners of abutting property on said street, within the limits above defined, and to all persons, firms, corporations and estates, owning or claiming same or any interest therein, be and the same is hereby closed and all protests and objections, whether specifically mentioned or not, shall be, and the same are hereby overruled and denied. SECTION 2. That said City Council hereby finds and determines upon the evidence heard in reference to each and every parcel or property abutting upon Ocean Drive, 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 be, and as herein assessed against said abutting property and the real and true owners thereof, and finds that the apportionment of the cost of said improvements, and that all assessments hereinbelow made are just and equitable and produce substantial equality considering -4- 0 0 the benefits received and the burdens imposed thereby, and are in accordance with the laws of the State of Texas, and the Charter pro- visions 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 not, have been in all things regularly had and performed in compliance with the law, Charter provisions and proceedings of the said City Council. SECTION 3. That in pursuance of said 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 proceedings heretofore had and enacted by said City Council, in reference to said improvements and by virtue of the powers vested in said City with respect to said street improvements by the laws of the State of Texas and the Charter of said City, with particular reference to Chapter 106 of the Acts of the First Called Session of the 40th Legislature of the State of Texas, known and shown as Article 1105b 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 street, and against the real and true owners thereof, whether such real and true owner or owners be named or correctly named herein or not, the several sums of money hereinbelow mentioned and itemized opposite the description of the respective parcels of said property, the number of front feet of each and the several amounts assessed against same and the real and true owner or owners thereof, and names of the apparent owners thereof, all as corrected and adjusted by said City Council, being as follows, to -wit: -5- OMAN DRIVE TMERMD11ENTS, UNIT V From Alameda Junction to the North Gate of the Naval Air Station ITEM OWNER & DESCRIPTION OF QUANTITY DESCRIPTION OF RATE OUNT TOTAL AM- 312, "I NO. PROPERTY ASSESSED ASSESSMENT ASSESSED ASSESSMENT I LkTES Curb, Gutter $2.503 per linear fo t Asphalt Surface ' a wide b) 74' wide 22 per $2.50 per linear fo linear fo t t 1. G. W. Henrichson & Dave Sughrue 420.00 L.F. Asphalt Surface 2.50 1,050-DO Lot 5, Section 16 Flour Bluff Encinal Farm & Garden Tract a 2. Jack Maddox 2 Asphalt Surface 2.50 625. Lot 17, Block 1 250.00 L.F. 0 III Edgewater Terrace 3• University of Corpus Christi ,278.39 L.F. Asphalt Surface. 2.22 9,498.02 a) South Side 4. University of Corpus Christi b) North Side .22 , i,8z. 64 L.F. , Asphalt Surfacer 2.22 10,7 TOTAL FROPO33ED ASSESSMENTS T P r I I I 0 . 1 0 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 Ocean Drive, all certificates hereinafter provided for, issued to evidence said assessments against said parcels of property abutting upon said street, and the real and true owner or owners thereof, shall be issued in accordance with, and shall evidence the actual frontage of said property and the actual cost of said improvements, the amount named in said certificate in no case to exceed the amount herein assessed against such property unless such increase be caused by an excess of front footage over the amount hereinabove stated, such actual cost and such actual number of front feet, if different from the hereinabove shown in Section 3 hereof, to be determined by the Director of Public Works upon completion of said work on said street, and the findings of the Director of Public Works shall be final and binding upon all parties concerned. SECTION 5. That the several sums mentioned above in Section 3 hereof assessed against said parcels of property abutting on the portion —6— of Ocean Drive, within the limits defined, and the real and true owners thereof, whether named or correctly named herein or not, subject to the provisions of Section 4 thereof, together with interest thereon at the rate of six and one -half (6- 1/27,) 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: June 24, 1970, 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 constitute the first and prior enforceable claim against the property assessed and shall be a first and paramount lien superior to all other liens, claims or title, except for lawful ad valorem taxes; and that the same so assessed shall be 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 (207) cash within twenty days after the completion of said work and its acceptance by the City, and 202 respectively on or before one year, two years, three years aid 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 there- of by the City, and the balance to be paid in 59 equal consecutive monthly installments commencing on the lst day of the next succeeding month and continuing there- after on the 1st day of each succeeding month until the entire sum is paid in full, together with interest -7- from the date of said completion and acceptance by the City, until paid, at the rate of six and one -half percent (6 -1/27) per annum; provided, however, that the owners of said property availing themselves of Option "2" or "3" above shall have the privilege of paying one, 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. SECTION 6. That for the purpose of evidencing said assessments, the liens securing same and the several sums assessed against the said par- cels of property and the real and true owner or owners thereof and the time and terms of payment, and to,aid in the enforcement thereof, assignable certificates shall be issued by the City of Corpus Christi, Texas, to itself upon the completion of said improvements in said street and acceptance there- of by said City Council, which certificates shall be executed by the Mayor in the name of the City attested by the City Secretary with the corporate seal of said City, and which certificates shall declare the amounts of said assessments and the times and terms thereof, the rate of interest thereon, the date of the completion and acceptance of the 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 prop- erty assessed by lot and block number, or front foot thereof, or such other description as may otherwise identify the same, and if the said prop- erty 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 the City, its successors, or assigns, or the holder thereof, the whole of said assessment evidenced thereby shall at once become due and payable, and shall be collectible -8- with reasonable attorney's fees and all expenses and costs of collection, if incurred, and said certificate shall set forth and evidence the personal liability of the real and true owner or owners of such property, whether named or correctly named therein or not, and the lien upon such property, and that said lien is first and paramount thereon, superior to all other liens, titles and charges, except for lawful ad valorem taxes, from and after the date said improvements were ordered by said City Council, to -wit: June 24, 1970, and shall provide in effect that if default shall be made in the payment thereof, the same may be enforced, at the option of the City, or their successors and assigns, by the sale of the property therein described in the manner provided for the collection of ad valorem taxes as above recited, or by suit in any Court having jurisdiction. That said certificates shall further recite in effect that all the proceedings with reference to making said improvements have been regu- larly had in compliance with the law and Charter in force in said City and the proceedings of said City Council of said City, and that all prerequisites to the fixing of the assessment lien against the property therein described, or attempted to be described, and the personal liability of the real and true owner or owners thereof, evidenced by such certificates, have been regularly done and performed, which recitals shall be evidence of all the matters and facts so recited and no further proof thereof shall be required in any Court. That said certificates shall further provide in effect that the City of Corpus Christi, Texas, shall exercise all of its lawful powers, 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 7. That all such assessments levied are a personal liability 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 -9- in the name of the property owner, or the description of any property or the amount of any assessment, or in any other matter or thing shall not in anywise invalidate or impair any assessment levied hereby or any certificate issued, and such mistake, or error, invalidity or irregularity whether in such assessment or in the certificate issued in evidence thereof, may be, nut is not required to be, to be enforceable, at any time cor- rected by the said City Council of the City of Corpus Christi. Further that the omission of said improvements in front of any part or parcel of property abutting upon the aforementioned streets, which is exempt from the lien of said assessment, shall in no wise affect or impair the validity of assessments against the other parcels of property abutting upon said street; and that the total amounts assessed against the respective parcels of property abutting upon said street within the limits herein defined and the real and true owner or owners thereof, are the same 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 106 of the Acts of the First Called Session of the 40th Legislature of the State of Texas, known as Article 1105b 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 8. The fact that the above described street has become an important thoroughfare and the fact that the present condition of said street, within the limits defined, is dangerous to the health and public welfare of the inhabitants thereof creates a public emergency and an imperative public necessity, requiring the suspension of the Charter Rule that no ordinance or resolution shall be passed finally on the date of its introduction, and that said ordinance shall be read at three several meetings of the City Council, and the Mayor having declared -10- • 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 take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this 1 the VIL day of �C ct_ -- .c�� , 19 70. ATTEST: City Secretary 0 THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: f 2 _ DAY OF AU , 1970: tang City Atto • Corpus Christi,, as /day of TO THE 1.0MBEP.S OF TI D 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, IA OR THE CITY OF CORPUS CHRISTI, 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 fol wing vote: Jack R. Blackmon Gabe Lozano, Sr. L V. A. "Dick" Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. :Wrangler" Roberts Ronnie Sizemore -•i