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HomeMy WebLinkAbout10236 ORD - 04/07/1971JKH:11 -7 -71 v l AN ORDINANCE CLOSING THE HEARING ON STREET IMPROVEMENTS FOR McBRIDE LANE, FROM HIGHWAY 9 TO HIGHWAY 44, AND FINDING AND DETERMINING THAT PROPERTY ABUTTING SAID STREET WILL BE SPECIFICALLY BENEFITTED AND ENHANCED IN VALUE IN EXCESS OF COST OF THE IMPROVEMENTS, AND LEVYING AN ASSESSMENT; 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 FEBRUARY 17, 1971, DETERMINED THE NECESSITY FOR, AND ORDERED THE IMPROVEMENT OF MCBRIDE LANE FROM HIGHWAY 9 LEOPARD STREET) TO HIGHWAY 44 IN THE MANNER AND ACCORDING TO THE PLANS AND SPECIFI- CATIONS HERETOFORE APPROVED AND ADOPTED BY THE CITY COUNCIL'BY ORDINANCE DATED FEBRUARY 171 19711 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 ASPHALT PAVING COMPANY; THEIR LOWEST AND MOST ADVANTAGEOUS BID AND SAID CONTRACT HAS BEEN HERETOFORE DULY EXECUTED BY SAID CITY OF CORPUS CHRISTI AND ASPHALT PAVING COMPANY AND IS DATED , 1971, AND THE PERFORMANCE BOND REQUIRED BY SAID CONTRACT HAS BEEN PROPERLY FURNISHED BY SAID ASPHALT PAVING COMPANY AND_ACCEPTED BY THE SAID COUNCIL OF SAID CITY AS TO FORM AND AMOUNT AS REQUIRED BY THE CHARTER OF SAID CITY AND THE LAWS OF THE STATE OF TEXAS; AND WHEREAS, THE SAID CITY COUNCIL HAS CAUSED THE DIRECTOR OF PUBLIC WORKS TO PREPARE AND FILE ESTIMATES OF THE COST OF SUCH IMPROVEMENTS AND ESTIMATES OF THE AMOUNT PER FRONT FOOT PROPOSED TO BE ASSESSED AGAINST THE PROPERTY ABUTTING UPON A PORTION OF MCBRIDE LANE 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 FEBRUARY 17, 1971, DID DETERMINE THE NECESSITY OF LEVYING AN ASSESSMENT FOR f THAT PORTION OF THE COST OF CONSTRUCTING SAID IMPROVEMENTS ON THE ABOVENAMED STREET, WITHIN THE LIMITS HEREIN DEFINED, TO BE PAID BY THE ABUTTING PROPERTY AND THE REAL AND TRUE OWNERS THEREOF, AND BY ORDINANCE DATED FEBRUARY 17, 1971, DID ORDER AND SET A HEARING TO BE HELD AT 3:00 O'CLOCK P.M. ON MARCH 24, 1971, IN THE COUNCIL CHAMBER OF THE CITY HALL OF CORPUS CHRISTI, TEXAS, FOR THE REAL AND TRUE OWNERS OF THE PROPERTY ABUTTING UPON SAID STREET, WITHIN THE LIMITS ABOVE DEFINED, AND FOR ALL OTHERS OWNING OR CLAIMING ANY INTEREST IN, OR OTHERWISE INTERESTED IN SAID PROPERTY, OR ANY OF SAID MATTERS AS TO THE ASSESSMENTS AND AMOUNTS TO BE ASSESSED AGAINST EACH PARCEL OF ABUTTING PROPERTY AND THE REAL AND TRUE OWNER OR OWNERS THEREOF, AND AS TO THE SPECIAL BENEFITS TO ACCRUE TO SAID ABUTTING PROPERTY BY VIRTUE OF SAID IMPROVEMENTS, IF ANY, OR CONCERNING ANY ERROR, INVALIDITY, IRREGULARITY OR DEFICIENCY IN ANY PROCEEDINGS, OR CONTRACT, TO APPEAR AND BE HEARD IN PERSON OR BY COUNSEL AdD OFFER EVIDENCE IN REFERENCE TO SAID MATTERS; AND THE CITY COUNCIL DID !y �" 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 OF 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 -2- 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 11058, 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 MARCH 2�, 1971, IN THE COUNCIL CHAMBER AT CITY HALL IN THE CITY OF CORPUS CHRISTI, TEXAS, IN ACCORD- ANCE WITH SAID ORDINANCE AND NOTICE, AT WHICH TIME AN OPPORTUNITY WAS GIVEN TO ALL IWORESAID PERSONS, FIRMS, CORPORATIONS AND ESTATES, THEIR AGENTS AND ATTORNEYS, TO BE HEARD AND TO OFFER EVIDENCE AS TO ALL MATTERS IN ACCORDANCE WITH SAID ORDINANCE AND NOTICE, AT WHICH TIME THE FOLLOWING APPEARED AND OFFERED THE FOLLOWING TESTIMONY: -3- Following a brief recess, Mayor Blackmon reconvened the meeting, directed that it be noted that a quorum of the CouAciI was present, and announced the scheduled public hearing on assessments for the proposed street improvements on McBride Lane from Highway 9 (Leopard) to Highway 44 (Agnes). He explained the procedure to be followed, stating that 7ssWant City Attorney Bobby Terry would conduct the hearing; that the Staff would offer testimony from the City Engineer and evaluation testimony from a real estate appraiser to substantiate the assess- ments 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, James K. Lontos, First Assistant Director of Public Works, presented the plans for the proposed street improvements; explained the nature, extent and specifications; the total contract price in the amount of $271,309.59; total contract price for McBride Lane in the amount of $254,765.61; and the cost to be borne by the City in the amount--of $168, 137.93; assessments against abutting property owners in the amount of $103, 171.66;*.nionner in which such pro rata share was computed; and the various methods of payment of the assessments. He explained that the improvements were being made on petition of abutting property owners; that in addition to the paving section, the project will include the construction of driveways where needed and requested by property owners, and also the storm sewer extensions from Highway 9 to Highway 44, including all appurtenances required for proper drainage of the street.. He further explained that both the storm sewer portion and the paving portion are bond projects, and that a small storm sewer extension of Westchester Drive is included in the contract. Mr. Harold Carr testified as to his background and experience which he felt qualified him as a real estate appraiser for all types of properties in this City; testified that he had personally viewed and understobd the extent and specifications of the proposed improvements; Minutes Regular Council Meeting _ March 24, 1971 Page 8 that he had personally viewed the assessment roll of 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 assessment. Mayor Blackmon stated the procedure for holding the hearing would be to give each property owner present an opportunity to question Mr. Lantos and Mr. Carr, and to state his objection or approval to any of the proposed improvements or assessments relative to his property. The following persons appeared: Item 03 -A, Bobby 1. George & George Jackson, Lots V & 38, Block 4, West Side Industrial District - Mr. Bobby L. George appeared and inquired if it would be feasible to leave the entire 200 foot frontage of this property open as a driveway, and how this would affect his assessment. He stated there are no improvements on the property at present, but that they plan to build and would like to have the driveway problem solved now. Mr. Lantos explained that the ordinance allows for a maximum of 40 foot driveways with hardship cases excepted; that he would recommend that Mr. George have two 35 foot driveways placed close together, or not have the driveways constructed at this time. He explained that the cost would be the same amount assessed for driveways. Items �6 and �9, Alford Refrigeration Warehouse, 260 McBride Lane - Mr. John Morgan appeared representing the subject property and stated he did not oppose the improve- ments, and that all of his questions had been answered. Item 119, Gulf Iron Works, Lot 13 -A, Block 1, Lantana Industrial Area - Mr. Arthur James spoke on behalf of the subject property and stated they would like to•have the pavement moved back to within three feet of the property line the full length of their property, because of the large trucks which have to back into the driveways. He stated he is aware that they will be assessed for this additional pavement. Mr. Lantos explained that the plans show the pave- ment moved to the west three feet rather than from the center of the right of way to accommodate the backing in of large trucks. He explained that the street is little more than 20 feet wide at present, and when it is widened to 40 feet, the problem will not be so severe. Mr. James Has directed to discuss the proposal with the Public Works Staff. Minutes Regular Council Meeting - March 24, A 971 Page 9 Item X21, fex -Mex Railro ___ 6002 Highway 44, (Right of Way Crossing) - Mr. C. H. Darnell, representing the subject property, stated they had no objections to the proposed improvements or the assessments. Item �8, Ficken and Shaw, 314 McBride Lane - Mr. Ficken stated he had no objections to the improvements or the assessments, and asked for clarification of the payment plan. Mr. BiII Stephenson, representative of the H. E. Butt Grocery Company, Lot 1, Block 5, West Side Industrial, commended the Council, City Manager, and Public Works' Staff for the -manner in which this project had been expedited; stated they had a sidewalk problem but that it could be worked out with the Staff. No one else appeared to be heard. Motion by de Ases, seconded by Bradley and passed, that the hearing be closed. Motion by Bradley, seconded by Lozano and passed, that the assessments on the foregoing project be tabled for further consideration. 'rIICitC OLIIIG NO FURIHCR TESTIMONY DFFLQrD Olt ANY FUIITHEI2 PARTIES APPEARING TO DC IIEAIM,-UPON PROPER NOTION, DULY SECONDED AI4D UNANIMOU5LY ! CARRICO, THE SAID HCARING WAS DECLARL"D CLOSED; AHD ! l :�riC'RC'S, NO FURTIIER PARTIES APPEARING AND IIO FURTHER TESTIMONY • I BEING OFFERED AS -TO THE SPECIAL BENEFIT5 III RELATION TO THE ENHANCED VALUE OF SAID ABUTTING PROPERTY AS COMPARED TO COST OF 'THE IHPROVENENTS OF SAID � ' t PORTION OF SAID STREET PROPOSED TO BE ASSESSED AGAINST SAID PROPERTY, OR AS TO ANY ERRORS, INV41LIDITIES OR IRREGULARITIES, IN THE PROCEEDINGS OR i CONTRACT HERETOFORE HAD It, REFERENCE TO THE PORTIONS OF SAID STREET TO BE 114PROVED; AND 1•:HEREAS, SAID CITY COUNCIL HAS HEARD EVIDENCE AS TO THE SPECIAL BENEFITS AND CUKANCED VALUE TO ACCRUE TO•SAID ABUTTING PROPERTY, AND THE r REAL AND TRUE 01WNER OR OWNERS THEREOF, AS COMPARED WITH THE COST OF MAKMG SAID lHPROVE::ENTS ON SAID STREET, WITHIN THE LIMITS ABOVE DEFINED, AND HAS F HEARD ALL PARTIES APPEARING AND OFFERING TESTIMONY, TOGETHER WITH ALL PRO- ! TESTS AND OBJECTIONS RELATIVE TO SUCH MATTERS AND AS TO ANY ERRORS: INVALID- . 1 ' F IT:CS•OR IRREGULARITIES 111 ANY OF THE PROCEEDINGS AND CONTRACT FOR SAID ! IMPP.OVEI•:ENTS, AND HIS GIVE14 A FULL AND FAIR HEARING TO ALL PARTIES MAKING r i . I OR DESIRING TO MAKE ANY SUCH PROTEST, CBJECTION OR OFFER TE.STIX.ONY AND ! HAS FULLY EXAMINED AND CONSIDERED ALL EVIDENCE, :TATTERS, OBJECTIONS AND ' 3 PROTESTS OFFERED AND'BASED UPON SAID EVIDENCE, TESTIMONY AND STATEMENTS, t • t SAID CITY COUNCIL FINDS THAT EACH AND EVERY PARCEL OF PROPERTY ABUTTING {! UPON THE.PORTION OF •'MCBRIDE LANE 'WITHIN THE LIMITS TO BE IMPROVED AS j HERE114 DEFINED, %MILL BE ENHANCED IN %'ALOE AND SPECIALLY SENEFITTED BY THE CONSTRUCTION OF SAID II :P ROVEXENTS UPON THE SAID STREET UPON WHICH SAID f PROPERTY ABUTS, 114 AN AMOUNT IN EXCESS OF THE AMOUNT OF THE COST OF SAID IMPROVEMENTS PROPOSED TO BE, AND AS HEP.EINSELOW ASSESSED AGAINST EACH AND EVERY SAID PARCEL OF ABUTTING PROPERTY, AND THE REAL AND TRUC OWNERS THEREOF, 1 AND SAID CITY COUNCIL DID CONSIDER AND CORRECT ALL ERRORS, INVALIDITIES OR i ! DEFICIENCIES CALLED TO ITS ATTENTION AND DID FIND THAT ALL PROCECDINGS AMID ! . CONTRACTS WERE PROPER AND IN ACCORDANCE WITH THE CHARTER OF SAID CITY AHD THC LAWS OF THE STATE OF TEXAS, U14DER WHICH THOSE PROCEEDINGS WERE BEING DAD, AND TIIE PROCEEDINGS OF SAID CITY COUNCIL IILRE1 0FORC HAD WITH RF.FCUCIICF. TO SUCH IIIPROVCHL'NTS, AND IN ALL RCSVI:'�S TO BE VALID AND REGULAR; AND SAID CITY COUNCIL DID FURTHER FIND UPON SAID EVIDENCE THAT THE ASSLSSI41IJIS 11CREIGDELOW-OAOL' A!:D TtIE CHARGES HCI!LDY DECLARED /;GAINST SAID ADUTTING PROPERTY 014 SAID PORTION OF SAID NCBRIDE- LANE.' WITH 11! 111E L11.11TS Dr. FINCD, AND TILE REAL AND TRUE O•dNER OR OWNERS THEREOF, ARE JUST AND EQUITABLE AItD DID ADOPT THE RULE OF APPO:TIO.N:'CNT SET OUT BELOW A4113 THE DIVISION OF THE COST OF SAID II:PROVEMENTS BETWEEN SAID ABUTTING PROPERTIES, AND THE REAL AND TRUE OWNER OR OWNERS THEREOF, AS JUST AND EQUITABLE, AND AS PRODUCING SUB- STANTIAL EQUALITY CONSIDERING THE DEIICFITS TO BE RECEIVED AND THE DURDENS 114POSED THEREBY, AND THAT ALL OBJECTIONS AND PROTESTS SHOULD .13-L OVERRULED AI:D - DENIED EXCEPT THE CDRRECTIO::S AND ClIANGES t.5 AP P'e AR ON 771E FINAL ASSCSSaEIaT ROLL INCLUDED IN THIS ORDINANCE. - HOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION I. THATTHERE 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, FIR_;S, CORPORATIONS AND ESTATES, OWNING OR CLAIMING SAI4E OR ANY INTERC51 THEP.EI::, BE AND THE SANE IS HEREBY CLOSED AND ALL PRO- TESTS AND OBJECTIONS, WHETHER SPECIFICALLY MENTIONED OR NOT, SHALL BE, AND THE SAFE ARE HEREBY OVERRULED AND DENIED. SECTION 2. THAT SAID CITY COU14CIL HEREBY FINDS AND DETERMINES UPON THE EVIDENCE HEARD 1:1 REFERENCE TO EACH AND EVERY PARCEL OR PROPERTY ABUTTING UP04,MCBRI6E•L•ANE 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 IMPROV_- I4ENTS Tb 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, AIID AS HEREIN ASSESSED AGAINST SAID ABUTTING PROPERTY AND THE REAL AND TRUE OWNERS TIiEREOF, AND FINDS THAT THE APPORTION!IENT OF THE COST OF SAID • IMPROVCHENTS, AND THAT ALL A5SESSHENT5 HERCIHBCLOW MADE ARE JUST AND CQUITABLE AND PRODUCE SUBSTANTIAL EQUALITY CONSIDCRING THE BENEFITS 'ffL•CCIVCD AND THE BURDENS IIIPOSFD TIIERFOY, AND ARE III ACCOROAIICE WITII TIiC LAWS OF TNC STATE or TEXAE•, AND TNC CHARTER PROVISIONS OF TIiC CITY OF CORPUS CIIRISTI, TEXAS, AND TIIAT TIIC PROCEEDINGS AND CONTRACT IICRL-TOFORC HAD 111711 RL•FLHENCE TO SAID 111I`ROV[HCNTS ARE IN ALL RESPECTS REGULAR, PROPER AND VALID, AND THAT ALL PREREQUISITES TO THE FIXING OF ME ASSESSMENT LICKS AGAINST SAID ' 'ABUTTING PROPERTIES, AS 111REIVABOVE DESCRIBED AND THE PERSONAL LIABILITY OF THE REAL AND TRUE OWNER OR OWNERS THEREOF, IlHCT11CR NAMED OR CORRECTLY NAMED , HEREIN OR NOT, HAVE BEEN IN ALL TIIINGS REGULARLY HAD AND PERFORMED I•N COI.- - PLIANCE WITH THE LAW, CHARTER PROVISIONS AND PROCEEDIIICS OF THE SAID CITY COU14C I L. SECT10 ?! 3. THAT IN PURSUANCE OF SAID ORDINANCES, DULY ENACTED BY SAID CITY COUNCIL, AUTHORIZING MID ORDERING THE IMPROVEMENTS OF THE ABOVE DESCRIBED STREET, WITHIN THE LIMITS DEFINED, AND 114 PURSUANCE OF -SAID PROCEEDINGS HERETOFORE HAD AND ENACTED BY SAID CITY COUNCIL, IN REFERENCE TO SAID 114PROVEIIENTS AND BY VIRTUE OF THE POI;ERS VESTED 114 SAID CITY III TH RESPECT TO SAID STREET IMPROVEMENTS BY THE LAWS OF THE STATE or-TEXAS AND THE CHARTER OF SAID CITY, WITH PARTICULAR REFERENCE TO CHAPTER 106 OF THE ACTS OF•TIIE FIRST CALLED SESSION OF THE MOTH LEGISLATURE OF THE STATE OF TEXAS, IKNOWN AND SHOWN AS ARTICLE 11058 OF VERNONIS ANNOTATED CIVIL STATUTES, OF TEY,AS, 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 AGA114ST THE REAL AND TRUE OWNERS THEREOF, WHETHER SUCH REAL AND TRUE OWNER OR OW14ERS BE NAMED OR CORRECTLY NAMED HEREIN OR NOT, THE SEVERAL SUMS OF MONEY HEREINBELOW MENTIONED AND ITE1417ED 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, A14D NAMES OF THE APPARENT OWNERS THEREOF, 'ALL -AS CORRECTED AND ADJUSTED BY SAID CITY COUNCIL, BEING AS FOLLOWS, - • TO -WIT: -6- .. EC MTU.- SIPR—T XIVIR'Rll:��IMITS JEECI;,-ILx )J4 lrhl!; 17.vo,leat 10 t,.cICA. as -(,"? l-,lLl,,f.,idC jl=;-ne Street Yr.-I.-rovemento flcm IM 1 ,'oay �) to Hif hway 11".k. a"his 11:70jea.l. Is to- b" the, to a wldtJ) 0---pth to P=%�.t t'-,-a co::,3t,-,zzct-iq- mi otiraaraq 6" curl a!:1 f�cct, i - O= tae the !,-:z o til,� i. rectL�l om jzOjCut ,--Ll. COI.A6Z 1-- lil-& 0--mbilized the irntzlaa�im of ?.0' =244 cn� lvaao, the ill:stulalebii .n 02 C-,: .I;-pe "b" U�. in to tics C:., medel cr.-i loy c-wn,,,ra nta--n 02,ver ext'-13ionz 9 to all lor tive la�O-, 1,,th tl-,L c•_;rpr r.aeti= -.::d t,ie -I�avlin�, p7rtim ax -2 bczzl p:.l,).',,�,cts. In to th of Me-7,Tade, a r=.-JI :jt--= otrm..: ex-tomiira of is included in Fail) contrac-�, - - The accem=--at, =.T-u I-rs born ciete^ i e3 07 uoin-- the 1-,-:It ricer received f%,on the Anmr,:uli, Cu_-_%=Y az-1 4lr!;,I:v7-,,, thaze Imit lari(: %m 'to th�� policy Gn of the City of -0-13ad on 1,11.1's Lbe vwsa,Slm.nt rc,.tee W,:a Pave.-ment, and Cu"tt-c: . . . . . . . . . . . . . ... �11:1.16 na,f. Curb al-a Cutter Only . . . . . . . . . . . . . . . . . . �2. 50 p.l.r. I,tvC-,seat Only . . . . . . . . . . . . . . . . . . . . . $6.66 p.l.f. . . . . . . . . . . . . . . . . . . . . . . . .O 1p.o.f. Iwader Garb . . . . . . . . . . . . . . . . . . . . . . !2.66 .66 *0. I-f ,t-�' a p. .y. , -,Ulizod Daze Uncler rvrivi�way . . . . . . ... . . . .. Slacv-,LLI . . . . . . . . . . . . . . . . . . . . . . . 0.55 P.S.Y. Sinnc,4 tlie existirN of either d--Ivevnys erwd/or Pavement are not oe atandrxd ocnstruction, no credits havc been allo-.rcd on this rroect. Ica Ulao of the z,;rcet b?J.!:,,, an type street, si?cmallks have not lKsm in this contract. Total Contract Price . Y271,309-59 Contract -Frice for ll.cl�rldc lane ' -,54,765-61 Tot:_2 fw: mc!'Zide lam3 ./0 '2- (nmi i mi-=7 11011) e city' a Portion e7 3 nsSRSSDP ^;T POLL PROJECT: McBride Ianc, Hil;hway 44 to Highway 9 CONPRACTOR: Asphalt Paving Company ITEid MITER AND BASIC ROTES DESCRIPTIO Assessment Rate Pavement, Curb.& Gutter p.l.f. OF 9.16 Assessment Rate Curb & Gutter Onlv p.l.f. $ 2.50 Assessment Rate Pavement Only p.l.f. $ 6.66 Assessment Rate Drivewav p.s.f. 0.99 Assessment Rate header Curb p.l.f. �" 2.66 Assessment Rate Stabilizod Rase Under Driveways P.S.Y. 2.18 1. Hoyt Lee Grasham C;,7-, m 11- - P AL n Gc ITEid MITER AND QUANTITY DESCRIPTIO TOTAL NO. PROPERTY DESCRIPTION ASSESSED OF RATE AMOUNT AMOUdT ASSESSbMTT ASSESSED MC BE IDE LANE FROM LEOPARD STRE TO AGNES STREET, BEGI ZIi:G AT LEOP STREET EAST SIDE 1. Hoyt Lee Grasham 149.67 LF C., G., Pvmt. 9.16 1,370.97 1501 N. Shoreline; 78401 298.45 Sr Driveway 20' 0.99 295.46 Lots 29, 30 & 31, Blk 4 1,666.43 Westside Industrial 2. Coastal Plating Co. 199.98 LF C., G., Pvmt.- 9.16 1,831.81 534 McBride In. 806.90 SP Driveway 25 -30 .0.99 798.83 Lots 32, 33, Block 4 2,630.64 West Side Industrial Page 2 -- I9.Tlf OT•IIQER AND QUANTITY DESCRIPTION TOTAL NO. PROPERTY DESCRIPTION ASSESSED OI' RATE AMOUNT AMOUNT ASSESS1,1ENT ASSESSED 3. Morris Liedeker, Sr. 300.00 LF C., G., Pmt. 9.16 2,748.00 611 Mesquite -0- SF riveway 20.' 0.99 -0- Lots 34, 35, 36 Block 4, West Side Indust. 2,748.00 3 -A Bobby L George & Geo. 200.23-LP C., G., Pvmt. 9.16 1,834.11 Johnson, 9614 Huntington Lots 37 & 38, Blk 4, West 298.1F5 SF rivez•,ay 20' 0.99 295.46 2,iff 57 Side Industrial Dist. 4. Joe's Auto Electric 200.0 LF C., G., Pvmt. 9..16 1,832.00 Joe A. I1artinez 76.90.SF Drivemay 2 -30' 0.99 868.13 5033 Williams Lot 7, 6, 5, & 4, Blk 4 2,700.13 West Side Industrial x-44.o LF C., G., Pvmt. 7.98 351.12 5: McKesson Chemical Co. 250.0 LF C., G., Pvmt., 9.16 2,290.00 Guillotte & Michigan ,315.35 SF Driveway -j7' 0.99 1,302.19 Kansas City, Mo. 64120 58.0 LF Header Curb. (� 2.66 154.28 Lots 1, 2 & 3, Block 4 51.0 LF b & Gutter ( 3.49 177.99 West Side Industrial 03.31 S.F. Driveway 1 -15' 0.99 102.27 • R. on Steel St. 4,377.85 EIEEL STREET INTERSECTION '44.o IF G., Pvmt. 7.98 351.12 6. Alford Refrig. Warehouse 300.0 IF , G., Pvmt. 9.16 2,748.00 260 McBride In. 587.36 SF riveway 25&15' 0.99 581.48 2.18 AC out of H.E.B. *R. on Steel Street 3,680.60 Page 3 - ITF14 OWNER AND QUANTITY DES CRIPTION TOTAL NO PROPERTY DESCRIPTION ASSESSED OF RATE A14OUNT AMOUNT ASSESSAM ASSESSED 7. Bro ,,m Oil Tool. Co. C/o Clarke & Harding 3616 Richmond Ave. IIou. ,ton, Teyas 77027 100.0 IF, ' 598.78 Sr •C., G., Pvmt. D /Y7 15'& 20' 9.16 � 0.99 916.00 592.79 1,508.79 Lob 2, Block 5 I'7est Side Industrial 8. F:i.cken and Shaw 314 McBride Ln. 150.00 IF 1,126.02 SF C., G•, Pvmt. D/W 2- 30'&1 -35 9.16 0.99 1,374.00 11114.75 1.090 AC oirL of McBride Tract 2,488 75 8 -A. Shaw Machine & Tool Co. 0.602 ACTr. out of Share 82.81 LF 528.45 Sr C., G., Pvmt. D/W 1 -30' 9.16 0.99 758.53 523.16 B & C of Mary McBride Tr. ,281.69 9. Alford Refrig. Co. 260 McBride Lot 1 -A & 1 -B .Groce Wearden Tract 350.0 LF 25776.90 sr 6" Lime for C., G., Pvmt. D/1.7 1-1 O' SP /1.7.195 SY 9.16 0.99 2.18 3,206.00 2,749.13 425.10 6,380.23 10. Groce Wearden Groc. Co. 510.0 LF C., G., Pvmt. 9.16 4,671.60 210 McBride Ln. '4577.47 SF /W 2 -20', 0.99 4,531.69 Lot 1 -C & 2 1 -112' & 1 -11 ' 2.18 852.38 Groce Wearden Tract *Cred for ExtG. "' Lime for /W 391 SY LO,055.67 Page 1E - ITEM 140. OWNER AND PROPERTY DESCRIPTION QUANTITY ASSESSED DESCRIPTION OF RATE AMOUNT TOTAL AMOUNT ASSESSD�?IiT ASSESSED 11. H. E Butt Groc. Co. P. 0. . Box 371 924.20 IF 4,858 Sr fC. , G. , Pvmt. 'D /w 4-25' s 9.16 o.99 8,465.67 4,8o9.42 Lot 1, Block 5 1,645 SF s/W 0.55 West Side Industrial 268.0 LF Header Garb. 1 2.66 904.75 712.88 4,892.72 MC BR'DE AGNES S LANE, FROM GREET, BEGITMING T]ES LEOPARD STREIT AT LEOPARD /STrEET SIDE TO 12. J. L. Dean 5501 Leopard Lot 1 1294.0 IN 736.90 SF C., G., Pvmt. � D/W 1 -30'& 1 -2Q' 9.16 0.99 2,693.04 I 729.53 35422.57 Ebony Acres 13• .Quatro Milpas 2.66 AC out of McBride 200.0 LF 228.45 SF C., G., Pvmt. /W 1 -15' 9.16 0.99 1,83200 226..16 2,058.16 Partition, Share "B" = 14. Heldenfels Brothers, P. 0. Box 4957 Lot 1, Block 1 680.o LF 311.60 SF C., G., Pvmt. /W 4-35' 1 -14' 1 -20' 1 -22' & 9.16. 0.99 6,228.80 3,278.48 Lantana Industrial 1 -30' 9,507.28 Page 5 ITEM OWNER AND QuildiTITY DESCRIPTION TOTAL N0. PROPERTY DESCRIPTION ASSESSED OF RATE AMOUNT AMOUNT ASSESSMENT I I ASSESSED 15. 15 -A. 16. 17. 18. 19. Frank Evans & D. D. Petty 166.66 LF C., G., Pvmt. ! 9.16' 1,526.60 P. o. Box 4x29-- N.166.66 o ,298.E +5 ST �D�W 1 -20' 0.99 295.45 Lots 2A -1 & 2A -2, Blk. 1 Lantana Industrial ; 1,822.06 Roy Hunt, Inc. 333.32 IT C., G., Pvmt. 9.16 3,053.21 S• 333.32' of Lots 2A -1 & 526.90 sF /W 1 -201& 1-151 0.99 521.63 2A -2, Blk 1, Lantana Ind. 3,5f4.84 J. H. Spurlock 100.0 LF C., G., Pvmt. 9.16 916.00 345 McBride In. 1g.40 SF C�l 1 -15' 0.99 I 216.21 300' x 100' out of McBride Tract r 1,132.21 Creston A. King c/o Jack Miller P. 0. Box 7247; 78415 5.06 AC out of Share B McBride Tract Hunt Tool Co. 300 McBride In. Lot 4 -A, Blk 1 Lantana Industrial Area Gulf Iron Works .Lot 13 -A, Block 1 Lantana Industrial Area (211 Me Bride) 11"e-- -711 ).0 LF C., G., Pvmt. ).4o SF D/W 1- 20'1 -25' 766.90 LF jC., G., Pvmt. 1577.25 SF D11•T 1- 35'4 -25' 48.0 LF Header Curb 250.0 IF 306.23 SF C., G., Pvmt. D/W 27'of 40' 9.16 j 3,664.00 0.99 ` 563.70 4,227-70 9.16 1'7,o24 8o 0.99 1,561.47 2.66 i 127.68 8,713.95 9.16 2,290.00 0.99 303.16 990 S 2,593.16 3 9'3.71 Page 6 ITEM NO. OWI ER AND PROPERTY.')ESCRIPTION QUANTITY ASSESSED DESCRIITION OF RATE AMOUNT TOTAL AMOUNT ASSESSb1ENT ASSESSED • 20. Pipe Line Service Co. P. 0. Box 578;78403 5.49 AC out of McBride 870.0 LF 152.23 Sr- C., G., Pvmt. D /Id 13' of 40'f i 9.16 0.99 7,969.20 150.70 Partition Share A s I 8,119.90 21. Tex -Mex Railroad 6002 Hwy 44 Right -of -Way Crossing -x-Both sides of McBride Ln k88.0 IF *98 LF C., G., Pvmt. Pvmt. only 9.16 6.66 806.08 652.68 I 1,458-76 AGNES STREET INTERSECTION (HIGHIr 44) END WEST SIDE END OJECT TOTAL COA'TRACT PRICE CONTRACT PRICE FOR MC BR LANE $254,765. $271,39.59 � 1 - y/ TOTAL ASSESSMENTS FOR MC TIDE CITY'S PORTION LANE ^mow jl 7 -T j 7 *AP SL7 36 SCCfICIId �I. or IT rVRTHCR ORDAINED THAT IIJ THE EVENT THC ACTUAL FRONTAGE OF ANY PROPERTY HERE I11 AS SESSLU SIIALL. DE FOUND UPON THE C011PLET I ON OF SAID IMPROVMENTS 10 DE GREATER OR LESS THAN THE NUHBL'R OF I "ECT HCRCIN- ABOVE STATED, THC ASSESSMENTS HEREIN SET AGAIIJS-T ANY SUCH PROPERTY AND A•GAI.NST THE REAL AND TRUE 011NCR OR OWNERS THEREOF, SHALL DE, AND THE SANE - - ARC HERCOY DECLARED TO BE INCREASED OR DECREASED AS THE CASE HAY BE, IN THE PROPORTION WHICH SAID EXCESS OR DEFICIENCY OR FRONTAGE SHALL BEAR TO • I THE WHOLE NUMBER. OF FRONT FCET OF PROPERTY ACTUALLY IN.PROYED IIJ ACCORDANCE WITH THE FRONT FOOT RULE OR RATE OF ASSESSMENT HEREIN ADOPTED, IT BEIIJG THE INTENTION THAT SUCH PARCEL OF PROPERTY AND THE REAL A14D TRUE OW14ER OR OWI4ERS THEREOF ABUTT114G ON THE PORTION OF THE.STRE.0 S ABOVE DESCRIBED, WITHIN THE LIMITS DEFINED, SHALL PAY FOR SAID IMPROVEMENTS UND =R THE "FRONT FOOT RULE OR PLA•WI',WHICH RULE OR PLAN IS HEREBY FOUND AIJD DETERMINED TO BE JUST AIJD EQUITABLE AND TO PRODUCE A SUBSTAIJTIAI- EQUALITYp !SAVING. IN VIEW THE SPECIAL BENEFITS TO BE RECEIVED AND THE BURDENS IMPOSED THEREBY; AND IT IS FURTHER ORDAINED THAT UPON FINAL COhIPLETION AND ACCEPTANCE OF SAID IM- - - PROVEMCNTS ON SAID PORTION OF'•MCBRIDE LANE ALL CERTIFICATES HEREINAFTER - PROVIDED FOR, ISSUED TO EVIDENCE SAID ASSESSMENTS AGAINST SAID PARCELS OF PROPERTY ABUTT IIJG UPON SAID STP.E ET, 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 HEREIHABOVE STATED, SUCH 'ACTUAL COST AND SUCH ACTUAL NUMBER OF FRONT FEET, IF DIFFERENT FROM THE HEREINABOVE SHOWN IN SECTION 3 HEREOF, TO BE DETERIIINED BY THE DIRECTOR OF PUBLIC WORKS UPON COMPLETION OF SAID WORK ON SAID STREET., AND THE F114DI14GS OF THE.DIRECTOR OF PUBLIC -WORKS SHALL BE FINAL AND BINDING UPON ALL PARTIES CONCERNED. SECTION; THAT THE SEVERAL SUMS MENTIONED ABOVE IN SECTION HEREOF ASSES:CD ASAINST $AID PARCELS OF PROPERTY• /,BUTTING ON THE PORTION OF MCBRI'DE.`LANE, : WITHIN THE LIMITS DEFINED, A14D THE REAL AND TRUE OWNERS THEREOF, WHETIIER NAMED OR CORRECTLY NAILED HERCIN OR NOT, SUBJECT TO THE PROVISIONS OF SECTION I} THEREOF, TOGETHER WITH INTEREST THEREON AT THE RATE OF SIX AND ONE -HALF ( 6 1/2ji) PER ANNUM WITH REASONABLE ATTORNCYIS FEE AND ALL COSTS AND EXPENSES OF COLLECTION, IF INCURRED, ARE HCREDY 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: FEBRUARY'17,.1971y AND A PERSONAL LIABILITY AND CHARGE AGA114ST THE RCAL AUD TRUE 01114ER OR OWNERS BE NAMED OR CORRECTLY NAMED HEREIN, A14D THAT SAID LIEN SHALL BE AIJD CONSTITUTE THE FIRST AND PRIOR ENFORCEABLE CLAII4 AGAINST THE PROPERTY ASSESSED AND SHALL BE A FIRST A14D PARAI•IOU14T LIEN SUPERIOR TO ALL OTHER LIENS, CLAIMS OR TITLE, EXCEPT FOR LAWFUL AD VALOREM TAXES; AND THAT THE SANE SO ASSESSED SHALL BE PAID A14D BECOME PAYABLE IN ONE OF THE FOLLOWING METHODS AT THE OPTION OF THE PROPERTY 01111ER: 1. ALL IN CASH WITHIN 20 DAYS AFTER COMPLETION�OR ACCEPTANCE BY THE CITY; OR -_ 2. TWENTY PERCENT (200) CASH WITHIN TWENTY DAYS AFTER THE COMPLETION OF SAID WORK AND ITS ACCEPTANCE BY THE CITY, A14D .20% RESPECTIVELY ON OR BEFORE 014E 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 C011PLETION AND ACCEPTANCE BY THE CITY UNTIL PAID AT THE RATE OF 6 1/2, PER ANNUI.1; 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 1ST DAY OF THE NEXT SUCCEEDING MONTH AND CONTII;UIIJG THERE- AFTER ON THE IST DAY OF EACH SUCCEEDING MONTH UNTIL THE ENTIRE SUM IS PAID 111 FULL, TOGETHER WITH INTEREST -8- FROM THE DATE OF SAID COI.IPLCTION A14D ACCEPTANCE DY THE: CITY, UNTIL. PAID, AT TIIE RATE OF SLY. AND ONE —HALF PERCENT PCR ANNU11; PROVIDED, HOWEVER,' THAT THE OWNERS OF SAID PROPERTY AVAILING THEMSELVES OF OPTION °2° OR °311 ABOVE SHALL HAVE THE PRIVILEGE OF PAYING ONE, OR ALL, OF SUCH INSTALLI:EIfTS AT ANY TIWE BEFORE PiATURITY THEREOF BY t PAYING THE TOTAL AMOUNT OF PRI14CIPAL DUE, TOGETHER WITH INTEREST ACCRUED, TO THE DATE OF PAYMENT. , SECT IOfd G. THAT FCR THE PURPOSE OF EVIDENCING SAID ASSESSMENTS, TIIE LIENS SECURING SAME-AND THE SEVERAL SUNS ASSESSED AGAINST THE SAID PAR- CELS OF PROPERTY AI4D THE REAL AND TRUE OltNER OR O4:NER5 +.HrrrOF AND THE TIME AND TERMS OF PAYMENT, AND TO AID IN THE EI.FORCEMENT '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 ASSESS14114TS AND THE TIMES AND TERI.13 THEREOF, THE RATE OF INTEREST THEREON, THE DATE OF THE CO.XPLETION AND ACCEPTANCE OF THE IMPROVEMENTS FOR WHICH THE CERTIFICATE IS ISSUED, AND SHALL CONTAIN THE NAMES OF THE APPARENT TRUE 01114FR OR OWNERS AS'ACCURATELY AS POSSIBLE, AND THE DESCRIPTION OF THE PRO- , PERTY ASSESSED BY LOT AND BLOCK NO.MBER, OR FRONT FOOT THEREOF, OR SUCH OTHER.VCSCR:PTIOU AS MAY OTIiCRWISE IDENTIFY THE SAME, AND IF THE SAID PRO- PERTY SHALL BE'OWNED BY All ESTATE OR FIRM, THEN TO SO STATE THE FACT SHALL BE SUFFICIENT AND NO ERROR OR MISTAKE IN DESCRI13ING SUCH PROPERTY OR IN GIVING THE NAME OF ANY OWNER OR OWNERS, OR OTHERWISE, SHALL IN ANYWISE INVALIDATE OR 114PAIR THE ASSESSI4ENT LEVIED HEREBY OR THE CERTIFICATE ISSUED IN EVIDENCE THEREOF. ' TIIAT THE SAID CLRTIFICATE SMALL FURTHER I`ROVIDC SUUST'ANTIALLY • TIIAT IF DCFAULT SHALL DC MADC IN THC PAYMCHT OF ANY INSTALLIICNT OF PRINCIPAL OR INTEREST WHEN DUE, THEN AT THE OPTION Of' THE CITY, ITS SUCCESSORS, OR ASSIGNS, Olt THE HOLDER THEREOF, THE WHOLE OF SAID ASSESSHENT EVIDENCED THERE- ' BY SHALL AT ONCC,BCCOItC DUC AND PAYABLE, AND SHALL BC COLLECTIBLE %IlTlt REASON- ABLE ATTOPNEY'S FEES AND ALL EXPENSES AND COSTS OF COLLECTION') IF INCURRED, • A14D SAID CERTIFICATE SI' :.LL SET FORTH AND EVIDENCE THE PERSONAL LIABILITY OF THE REAL AND TRUE OWNER OR C',;;1EF.5 OF SUCH PROPERTY, W4ETH7_P. 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 LAWFVL AD VALOREM TAXES, FRCIA AND AFTER THE DATE SAID IMPROVENIENTS WERE ORDERED 13Y'SAI1) CITY COUNCIL, TO -WIT: FEBRUARY 17,I W, AHD SHALL PROVIDE IN EFFECT THAT IF DEFAULT SHALL BE MADE IN THE PAYMbIT THEREOF, THE SAME MAY BE ENFORCED, AT THE OPTION! OF THE CITY, OR THEIR SUCCESSORS AND ASSIGNS, BY THE SALE OF THE PROPERTY THEP.EIN DESCRIBED- IN THE MANNER PROVIDED FOR THE COLLECTION OF AD VALOP•EM 7 :. Y.ES AS ABOVE RECITED, OR BY'SUIT IN ANY COURT HAVING JURISDICTION. THAT SAID CERTIFICATES SHALL FURTHER RECITE III EFFECT THAT ALL THE PROCEEDINGS WITH REFERENCE TO MAKING SAID IM?ROYEY,ENTIS HAVE BEEN REGU- ..LARLY HAD IN COMPLIANCE WITH THE LAW AND CHAPTER IN FORCE IN SAID CITY AND THE PROCEEDINGS OF SAID CITY COUNCIL OF SAID CITY, AND THAT ALL PRERCCUISITES ' TO THE FIXING OF THE ASSESSNIENT LIEN AGAINST THE PROPERTY THEREIN DESCRIBED, OR ATTEI•: ?TED TO BE DESCRIBED, AND THE PERSONAL LIABILITY OF THE REAL AND TRUE OWNER OR O.,NERS THEREOF, EVIDENCED BY SUCH CERTIFICATES, HAVE BEEN - REGULARLY D011E AND PERFORMED, WHICH RECITALS SHALL BE EVIDENCE OF ALL THE • MATTERS AND FACTS -SO RECITED AND NO FURTHER PROOF THEREOF SHALL BEREOUIRED It? MIT COURT. .. . THAT SAID CERTIFICAT'E'S SMALL FURTHER PROVIDE IN EFFECT THAT THE CITY OF CORPUS CHRISTI, TEXAS, SHALL EXERCISE ALL OF ITS LAWFUL ?O.ERS, IN THE EHFOP.CEIIEN7 AND CCLLECTIO:1 THEREOF, AND SAID C_ 4BTIFI CATCS MAY CONTt.I4 OTHER AND FURTHER RECITALS,'PERTINCIIT AND APPROPRIATE THERETO. IT SHALL 110T BE NECESSARY THAT SAID CERTIFICATES SHALL BC IN THE EXACT FORM AS ACOVE SET FORTH, -BUT THE CUBSTANCF. AI.O EFFECT THEREOF SHALL SUFFICC. . SECTION f. THAT ALL SUCH ASSrS5IlrNTS•LEVIED _Aft E A PEr5OIIAL LI A- B ILITY A.M 611ArGC AGAINST THE REAL AND TRUE OWNER OR OWNERS OF THE PROPERTY DESCRIDED, OR ATTEMPTED TO BE DESCRIBED, NOTIIITIISTACDiI:G SUCH OWNER OR OWNERS „AY NOT DC lIAIIEP Or COr4CCTLY NA::rD, AND A:IY IRr EGULARITY IN THE NAI :E OF•THE•PROPERTY Ow;IER, OR THE DESCRIPTION OF Ar7Y PROPERTY OR THE AMOUNT OF ANY ASSESSMENT, OR, IN ANY OTHER DIATTER OR THING SHALL NOT IN ANYWISE- INVALI— DATE OR II:PAIR L::Y ASSESS:1ENT LEVIED HERESY OR ANY CERTIFICATE ISSUED, AND SUCH MH STAKES OR ERROR, INVALIDITY OR IRREGULARITY Wr;ETHER III SUCH ASSESSm.E:T OR IN TI :E CERTIFICATE ISSUED IN EVIDENCE THEREOF, 11AY DE, BUT IS NOT RCQUIRED TO BE, TO DE ENFO.,CE:BLE, AT ANY TI ?;E COPRECTED 6Y THE SAID CITY COUNCIL OF THE CITY OF CORPUS CHRISTI. FURTHER THAT THE OMI -ES1ON OF SAID 1:4PROVEMENTS IN FRONT OF ANY PART OR PAP.CEL OF PROPERTY A3UTTIi2G UPON THE AFOREIIENTIO \CD STREETS, WHICH IS EY, =bi ?T FROM, THE LIEN OF SAID ASSESS;;rNT, SHALL IN NO WISE AFFECT OR IMPAIR THE VALIDITY OF ASSESSMENTS AGAINST THE OTHER PARCELS OF PP.OPERTY*ADUTTII:G UPON SAID STREET; AND THAT THE TOTAL AXZ�VNTS ASSESSED t ' AGAINST THE RESPECTIVE PARCELS OF PROPERTY ABUTTING UPON SAID STREET WITHIN THE LIMITS HEREIN DEFINED AND Ti.E REAL AND TRUE CW;:LR OR OWNERS THEREOF Anc - THE SANE AS, OR LESS THAN, THE ESTII:ATE OF SAID- ASSESSXENT PREPARED BY THE DIRECTOR OF PUBLIC *::DRKS A:;D APPROVED AND ADOPTED BY SAID CITY COUNCI1. AND ARE IN ACCO2DA::r_E • „I TH THE: PRCCEECiI ;GS DF SAID CITY COUNCIL RELATIVE TO SAID IMPROVENEN S A: :D ASSESSME.ITS THEREOF, AND WITH THE TEP�;S, POVIERS AND PRO- VISIONS OF SAID CHAPTER i00 OF THE ACTS OF THE F;RST- GILLED SESSION OF THE 0TH LEGISLATURE OF THE STATE OF TEXAS, KNOWN AS ARTICLE 11053 OF VERHCIItS ANNOTATED CIVIL STATUTES OF TEXAS AND THE CHARTER OF THE CITY OF CORPUS CHRISTI, TEXAS, UNDER WHICH TERMS, POWERS AND PRCYISIONS SAID 'PROCEEDINGS, SAID IMPROVEMEtITS AND ASSESS::E:I:TS WERE tiAD AIID MADE BY SAID CITY COUNCIL. SECTION V. THE FACT THAT THE AoCVE- DE3CSI5EC STREET HAS BECOME A14 114PORTAYT TtiOROU�:;HFARE A::D THE FACT THAT THE PRESENT CONDITION OF SAID STREET, WITM., TI:C LIMITS D_rl2iED, IS Df.NC•EROUS TO -THE HCAITI! A':D'PUBIIC WELFARE OF TUE IIMA31'iANTS THEREOF CP.EA'ES 7, PUSLIC EI ;E?GENCY AND Ar: IIIPERA- TIVE PUJLI'C NECESSITY, REQUIRING TIIC SUSPCNSIOtI'or TItE CHADTL'R RU LE THAT NO ORDINl NCC OR RESOLUTION SHALL 13C PASSED I "INALLY Oil TIIC DATE 01' ITS INTRODUC- TION, AND THAI' SAID ORDINANCE SMALL UC READ Al' TIIRLL" SEVERAL 110ETINCS Or TIIC CITY COUNCIL, AND TIIC MAYOR IiAVII:G DECLARED THAT SUCH EI rRGENCY AND IJECES- SITY CY,ISTS, AND HAVING RCQUESTED TIIAT SAID CIIARTER RULE BE SUSPENDED, AND THAT THIS ORDINANCE DE PASSED FINALLY ON TIIC DATE Or ITS INTRODUCTIOII AND TAKE EFFECT AND BE 111 FULL FORCE AfID Er.FL•CT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE DAY or 'APRIL,•1971. .. ATTEST: CITY SECRETAR ,/ t�:YUR Plogrr! ' ✓�% 'THE 17Y 0 GR ?U CF;RISTI, TEXAS APPROVED: • r%f'� DAl' OF APRI L, '971: ' C Y ATTORNEY . Corpus Christi, Texas _7 tk7day 197 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; 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, MAYOR PI0;7em�/ �/ THE CI OF PUS HRISTI, TEXAS The Charter rule was suspended by the follo3,wfig 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 follow ng vote: Jack R. Blackmon L Gabe Lozano, Sr. C` V. A. "Dick" Bradley, Jr. ZPC Eduardo E. de Ases Ken McDaniel W. J. "Wrangler" Roberts / Ronnie Sizemore