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HomeMy WebLinkAbout10690 ORD - 02/02/19722/1/72:VMP AN ORDINANCE CLOSING THE HEARING ON STREET IMPROVEMENTS FOR THE FOLLOWING STREETS: 1. NORTH ALAMEDA FROM THE NORTH RIGHT -OF -WAY LINE OF INTERSTATE 37 TO THE SOUTH RIGHT -OF -WAY LINE OF WEST BROADWAY AND 2. CHIPITO STREET (WEST SIDE ONLY) FROM THE WEST RIGHT -OF -WAY LINE OF NORTH ALAMEDA APPROXIMATELY ,144 L. F. NORTHWARD ON CHIPITO; AND FINDING AND DETERMINING THAT PROPERTY ABUTTING SAID STREETS WILL BE SPECIFICALLY BENEFITED AND ENHANCED IN VALUE IN EXCESS OF COST OF THE IMPROVEMENTS AND LEVYING AN ASSESSMENT; FIXING A LIEN AND CHARGE, 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 THE 22ND DAY OF DECEMBER , 1971, DETERMINED THE NECESSITY FOR, AND ORDERED THE IMPROVEMENT OF THE FOLLOWING STREETS: 1. NORTH ALAMEDA FROM THE NORTH RIGHT -OF -WAY LINE OF INTERSTATE 37 TO THE SOUTH RIGHT OF WAY LINE OF WEST BROADWAY AND 2. CHIPITO STREET (WEST SIDE ONLY) FROM THE WEST RIGHT -OF -WAY LINE OF NORTH ALAMEDA APPROXIMATELY 140 L. F. NORTHWARD ON CHIPITO; IN THE MANNER AND ACCORDING TO THE PLANS AND SPECIFICATIONS HERETOFORE APPROVED AND ADOPTED BY THE CITY COUNCIL BY ORDINANCE DATED DECEMBER 22 , 1971, A DULY EXECUTED NOTICE OF SAID ORDINANCE HAVING BEEN FILED IN THE NAME OF THE SAID CITY WITH THE COUNTY CLERK OF NUECES COUNTY, TEXAS; AND 10690 r 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 CONTRACT FOR THE CONSTRUCTION OF SAID IMPROVEMENTS TO THEIR LOWEST AND MOST ADVANTAGEOUS BID AND SAID CONTRACT HAS BEEN AWARDED TO BURTEX CONSTR., INC. , AS AUTHORIZED BY ORDINANCE N0. , DATED FEBRUARY 21 1972 , AND THE PERFORMANCE BOND REQUIRED BY SAID CONTRACT HAS BEEN PROPERLY FURNISHED BY SAID BURTEX CONSTR., INC., AND ACCEPTED BY THE SAID CITY COUNCIL OF SAID CITY AS TO FORM AND AMOUNT AS REQUIRED BY THE CHARTER OF SAID CITY AND THE LAWS OF THE STATE OF TEXAS; AND WHEREAS, THE SAID CITY COUNCIL HAS CAUSED THE DIRECTOR OF ENGINEER- ING SERVICES 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 THE AFORESAID STREETS WITHIN THE LIMIT HEREIN DEFINED, TO BE IMPROVED, AND THE REAL AND TRUE OWNERS THEREOF, AND SAID DIRECTOR OF ENGINEERING SERVICES 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 DECEMBER 22, 1971 , DID DETERMINE THE NECESSITY OF LEVYING AN ASSESSMENT FOR THAT PORTION OF THE COST OF CONSTRUCTING SAID IMPROVEMENTS ON THE ABOVE - NAMED STREETS, WITHIN THE LIMITS HEREIN DEFINED, TO BE PAID BY THE ABUTTING PROPERTY AND THE REAL AND TRUE OWNERS THEREOF, AND BY ORDINANCE DATED DECEMBER 22, 1971 , DID ORDER AND SET A HEARING TO BE HELD AT CORPUS CHRISTI ON THE 26TH DAY OF JANUARY , 1972, IN THE COUNCIL CHAMBERS OF THE CITY HALL, IN THE CITY 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 -2- r- TO BE ASSESSED AGAINST EACH PARCEL OR 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 CONCERN- ING 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 OF MAIL AND BY PUBLICATION BEING IN COMPLIANCE WITH THE PROVI- SIONS OF ARTICLE 11058 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 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 JANUARY 26, 1972 f IN THE COUNCIL CHAMBERS OF 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: -3- .x I Minutes Regular Council Meeting January 26, 1972 Page 9 not designed for heavy loads. He pointed out one possible solution to the proem and th being to remove the a�- cessways entirely. Mr. Casler stated he would be le to the tam ,k removal of the esplanades with the extra width being added a street. Commissioner Stark stated he felt the Manager should invpstigate and report >reccmmendation as to th asibility of removing the acre: sways, and.requested . would be contacted relative to the damage alleged to have been done H. Lee. ; Mayor Sizemore announced the public hearing on assessments for street improvements on North Alameda from West Broadway to I.H. 37. City Manager Townsend explained the paving project and described the procedure to be followed. He pointed out on the map the portions of streets to be improved as being North Alameda, from the north right -of -way line of IH 37 to the south right -of -way line of West Broadway; and Chipito Street, west side only, from the west right -of -way line of North Alameda, approximately 140 linear feet northward on Chipito. He stated that Assistant City Attorney Bobby Terry would conduct the hearing. Mr. Terry stated the purpose of this hearing is to comply with the statutes regarding paving assessments; that testimony will be heard from the City Engineer and evaluation testimony from a real estate appraiser to substantiate the assessments which appear on the assessment roll; and that this hearing is to form a basis on which the Council, acting as a legislative body, would determine or establish the assessments on the abutting properties. Director of Engineering Services James K. Lantos was interrogated as to his occupation, time of residence in the City; formal qualifications; and familiarity with the subject project. He presented the plans for the proposed improvements; explained the nature, extent and specifications; stated that the project includes new curbs and gutters, reworking of all pavement, total overlay of hotmix, and sideadk improvements; that there will be three segments of improve- ments, (1) the portion along Northside Manor to be overlaid with hotmix; (2) the remaining portion of the street, with the exception of some small portions as marked on the plans, to be reworked and recompocted by using the existing base; and (3) the remainder to'be excavated of the preliminary assessment roll and completely rebuilt. He stated the total contract price/is $67,9,14.85; total assessments, Minutes " Regular Council Meeting January 26, 1972 Page 10 $22,983.58, and total City cost, $44,931.47; that the assessment rates have been determined in accordance with the present policy of the City by applying the unit prices obtained by the low bid to the calculated quantities for the improvements. Mr. Harold Carr, testified as to his identity as a real estate appraiser, time of residence in the City and occupation; and familiarity with subject area and project. He described the neighborhood and zoning classifications, stating there were no irregular shaped lots which would affect the assessments; stated that he had personally viewed the assessment roll relative to each of the properties to be assessed, and that in his opinion, each of the properties, so e assessed, would be enhanced in value at least in the amount of the assessment, with the exception of the following on which there is some question as to the amount of the assessment: Item 01, Robert Burke, Jr., West 1/2 of Lot 12, Block 49, Bluff Subdivision - recommend 25 percent reduction of paving portion of assessment; Item #4, Abelardo Longoria, et al, west 1/2 of Lot 12 -A, Block 50, Bluff Subdivision - recommend 25 percent reduction of paving portion of assessment; Item 025, Willie Davis, Lots 19, 20, 21, 22, southeast Block 4, Colonia Mexicana - recommend 38 percent reduction of paving portion of assessment. Property owners in the audience were given the opportunity to question Mr. Lantos as to the plans and specifications, and Mr. Carr as to his opinion relative to the assessments. Mr. Joe McManus, realtor, 509 North Water Street, appeared representing Mrs. Hanna Braslau relative to Items #1Pand 027, and spoke in opposition to the amount of the assessments. He stated that Mrs. Braslau owns several pieces of property in that block, three of which front on Chipito Street, and none on Alameda. He stated they have become deteriorated and border onto being classified as substandard; that her income from these properties is minimum, and that his opposition is based on his opinion that there is no way these properties would produce more income as a result of the proposed improvements. He further stated the assessments would work a severe hardship on Mrs. Broslou. Mr. Carr pointed out that some of these substandard houses have been removed and that the land, if developed to its maximum potential, would be enhanced at least in the amount of the assessment. r No one else appeared to be heard in connection with the proposed assessments. Motion by Bonniwell, seconded by Bosquez and passed, that the hearing be clo3ed, and tabled for evaluation of the foregoing testimony. 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 IIPROVEMENTS OF SAID PORTION OF SAID STREETS PROPOSED TO BE ASSESSED AGAINST SAID PROPERTY, OR AS TO ANY ERRORS, INVALIDITIES OR IRREGULARITIES, IN THE PROCEEDING OR CONTRACT HERETOFORE HAD IN REFERENCE TO THE PORTIONS OF SAID STREETS TO BE IMPROVED; AND WHEREAS, SAID CITY COUNCIL HAS HEARD EVIDENCE AS TO THE SPECIAL BENEFITS AND ENHANCED VALUE TO ACCRUE TO SAID ABUTTING PROPERTY, AND THE REAL AND TRUE OWNER OR OWNERS THEREOF, AS COMPARED WITH THE COST OF MAKING SAID IMPROVEMENTS ON SAID STREETS WITHIN THE LIMITS ABOVE DEFINED, AND HAS HEARD ALL PARTIES APPEARING AND OFFERING TESTIMONY, TOGETHER WITH ALL PRO- TESTS AND OBJECTIONS RELATIVE TO SUCH MATTERS AND AS TO ANY ERRORS, INVALIDI- TIES OR IRREGULARITIES IN ANY OF THE PROCEEDINGS AND CONTRACT FOR SAID IM- PROVEMENTS, 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 THE STREETS AFORESAID WITHIN THE LIMITS TO BE IMPROVED AS HEREIN DEFINED, WILL BE ENHANCED IN VALUE AND SPECIALLY BENEFITED BY THE CONSTRUC- TION OF SAID IMPROVEMENTS UPON THE SAID STREETS UPON WHICH SAID PROPERTY ABUTS, IN AN AMOUNT IN EXCESS OF THE AMOUNT OF THE COST OF SAID IMPROVEMENTS PROPOSED TO BE, AND AS HEREINBELOW ASSESSED AGAINST EACH AND EVERY SAID PARCEL OF ABUTTING PROPERTY, AND THE REAL AND TRUE OWNERS THEREOF, AND SAID CITY COUNCIL DID CONSIDER AND CORRECT ALL ERRORS, INVALIDITIES OR DEFICIENCIES I CALLED TO ITS ATTENTION AND DID FIND THAT ALL PROCEEDINGS AND CONTRACTS WERE PROPER AND IN ACCORDANCE WITH THE CHARTER OF SAID CITY AND THE LAWS OF THE STATE OF TEXAS, UNDER WHICH THOSE PROCEEDINGS WERE BEING HAD, AND THE PRO- CEEDINGS OF SAID CITY COUNCIL HERETOFORE HAD WITH REFERENCE TO SUCH IMPROVE- MENTS, AND IN ALL RESPECTS TO BE VALID AND REGULAR; AND SAID CITY COUNCIL -4- DID FURTHER FIND UPON SAID EVIDENCE THAT THE ASSESSMENTS HEREINBELOW MADE AND THE CHARGES HEREBY DECLARED AGAINST SAID ABUTTING PROPERTY ON THE PORTIONS OF THE STREETS HEREINABOVE DESCRIBED, WITHIN THE LIMITS DEFINED, AND THE REAL AND TRUE OWNER OR OWNERS TIiEREOF, ARE JUST AND EQUITABLE AND DID ADOPT THE RULE OF APPORTIONMENT SET OUT BELOW AND THE DIVISION OF THE COST OF SAID IMPROVEMENTS BETWEEN SAID ABUTTING PROPERTIES, AND THE REAL AND TRUE OWNER OR OWNERS THEREOF, AS JUST AND EQUITABLE, AND AS PRODUCING SUBSTANTIAL EQUALITY CONSIDERING THE BENEFITS TO BE RECEIVED AND THE BURDENS IMPOSED THEREBY, AND THAT ALL OBJECTIONS AND PROTESTS SHOULD,BE OVERRULED AND DENIED EXCEPT THE CORRECTIONS AND CHANGES AS APPEAR ON THE FINAL ASSESS- MENT ROLL INCLUDED IN THIS ORDINANCE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THERE BEING NO FURTHER PROTEST OR TESTIMONY FOR OR AGAINST SAID IMPROVEMENTS, SAID HEARING GRANTED TO THE REAL AND TRUE OWNERS OF ABUTTING PROPERTY ON SAID STREETS, WITHIN THE LIMITS ABOVE DEFINED, AND TO ALL PERSONS, FIRMS, CORPORATIONS AND ESTATES, OWNING OR CLAIMING SAME OR ANY INTEREST THEREIN, BE AND THE SAME IS HEREBY CLOSED AND ALL PROTESTS AND OBJECTIONS, WHETHER SPECIFICALLY MENTIONED OR NOT, SHALL BE, AND THE SAME ARE HEREBY OVERRULED AND DENIED. SECTION 2. THAT SAID'CITY COUNCIL HEREBY FINDS AND DETERMINES UPON THE EVIDENCE HEARD IN REFERENCE TO EACH AND EVERY PARCEL OR PROPERTY ABUTTING UPON THE AFORESAID STREETS, WITHIN THE LIMITS DEFINED, THAT THE SPECIAL BENEFITS IN THE ENHANCED VALUE TO ACCRUE TO SAID PROPERTY AND THE REAL AND TRUE OWNER OR OWNERS THEREOF, BY VIRTUE OF THE CONSTRUCTION OF SAID IMPROVEMENTS TO SAID PORTION OF SAID STREETS UPON WHICH SAID PROPERTY ABUTS, WILL BE IN EXCESS OF THE AMOUNT OF THE COST OF SAID 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 THE BENEFITS RECEIVED AND THE BURDENS IMPOSED THEREBY, AND ARE IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, AND THE CHARTER,PROVISIONS OF THE CITY OF CORPUS CHRISTI, TEXAS, AND THAT THE PROCEEDINGS AND CONTRACT HERETOFORE -5- 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 TH114GS 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 COUNCILS 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 l06 OF THE ACTS OF THE FIRST CALLED SESSION OF THE 40TH LEGISLATURE OF THE STATE OF TEXAS, KNOWN AND SHOWN AS ARTICLE 11058 OF VERNON'S ANNOTATED CIVIL STATUTES OF TEXAS AS AMENDED, THERE SHALL BED AND IS HEREBY LEVIED, ASSESSED AND TAXED AGAINST THE RESPECTIVE PARCELS OF PROPERTY ABUTTING UPON SAID PORTION OF SAID STREETS, AND AGAINST THE REAL AND TRUE OWNERS THEREOF WHETHER SUCH REAL AND TRUE OWNER OR OWNERS BE NAMED OR CORRECTLY NAMED HEREIN OR NOTE 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 COUNCILI BEING AS FOLLOWS, TO -WIT: -6- NORTH ALAIMA STREET TMPROVEMNNTS FROM EST BROAD'HAY TO 1.11. 37 This project is described as the North Alameda Street Improvements from [lest Broadway to L1I. 37. The construction of this project consists of the complete excavation of sections that do riot have adequate pavement plus the rework of other sections whose pavement is acceptable and the installation of curbs and gutters to a width of an average of 43' :measured from the back of the curb. Upon completion of the curbs and Gutters and the rework section and the completely reconstructed section, the entire street will receive a minimum of 1" hot -mix overlay. Also to be installed in this project are reinforced concrete sidewalks varying from It' wide to 6' wide. Also to be constructed are reinforced concrete - driveways where they presently exist and were requested by the abutting property owners. Due to the nature of the project, the assessment rates have been completed in accordance with the ordinance whereby the property owners are being assessed for curbs and gutters, sidewalks and 'driveways, and in regards to pavement the assess- ment rates are limited to the hot-mix surface only. The rates have been calcu- lated from the low bid as submitted by Burtex Constructors, and these rates have been applied to the abutting property owners. Credits have been given to the owners for curbs and gutters, sidewalks and driveways where they presently exist. The rates are as follows: North Alameda Rates Curb, Gutter & Pavement - School Use $4.75/L.F. Curb, Gutter & Pavement - 19.5' rate 5.26/L.F. Curb, Gutter & Pavement - 18.5' rate 5.20 /L.F. Tied to Curb Sidewalk 0.68/S.F. Sidewalk 0.60 /S.F. Driveway 1.33 /S.F. Overlay only 43' Street 1.20 /L.F. Overlay only 41' Street 1.13 /L.F. Chipito Street Rates Curb, Gutter & Pavement $4.07 /L.F. Tied to Curb Sidewalk 0.68/S F Total Contract Price $67,614.85 Total Assessments $22,755..70 Total City Cost $44,859.15 Ai•N) I I J'soill A ;k +t 011, Robert- 13'u):Icc' Jr. P. 0. B ': 2 t'0I'nt0Wn, Texas U' 1/2 of Lot 32, Block 149 �Bluff Su0bd.O' C,G, Overlay reduced 25% by .11._37 TO MWADIMY I Beast S'dj o.0 stcet (1-11. 37 111 itersection) 50.00 LI., Ic ' G, o-,,cr3.a'y 50.00 SP ISidevalk -0- SF (Driveway 3.95 0.60 -0- Irstatc of Juan Gonzales 150.00 Lr C,G,Ovcrlay 5.26 P. O. Box 1153 150 .0 - 0 SF Sidewalk o.6o [Lot- 9 -0, -11, Block 49 bd. IOS. 45 S11 Driveway 1-10 1-33 7. Abe Block & Ed Grossman Leopard Street 100-00 LF G, Overlay (r 5 26 Lots 7 & 8, Block 49 12.00 LT C' Overlay (S: 5:26 • Bluff Subd. 3:00.00 Sr 108•45 SP Sidewalk 0.60 Drivci;ay l-'33 (141 nebago Street Intersection) Abelardo Longoria, et al 1010. North Alameda 50.00 LF Curb & Gutter 3.95 W 1/2 of Lot 12-A, Blk. 50 * ' 12.00 LF & Overlay (F) Curb & Gutter , .. 3.95 Bluff Subd. . • & Overlay (S) • 200.00 SP 'idewalk 0.60 Curb, Gutter & i- -0- Sr Driveway reduced 25% by gouncil-Action 197-50 30-00 -0- 789.00 90.00 144.24 526.00 63.1x_ 60. Oo 14h.24 197.50 -4.7.4o 120.00 ... ....... ANOUNT N OWNER AM) QUAiI.M.'1'a )):?L;C1111 7,1011 '1'0'1'Al.• D. )VOPEk'1')' A:L11i:1JiiD OF RATE' AMOU11•P A1401,1G'J' ASSIi:JSI :ENT A J,;ISJSI;I) -- te0]Zrtt IONT.) �. Estate of Juan Gonzales * 81.00 IF 'Overlay 1.20 97.20 L'. 0. Box 1153 Lots 7, 8, 9, 10, 11 `169.00 I.F •Overlay 1.20 202.80 Block 50 250.00 Si' i Sidewalk 0.(0 150. -00 Bluff. Subd. • 216.90 SF Dri.voway 2 -10' 1.33 288.118 *Credit Existing C F G 738.48 Lake Street Intersection) gyp, Cornelia Carson 100.00 LF C,G,Overlay (S 5.26 526.00 1224 Lake. Street 4.09 LF C,G,Overlay (F 5.26 21.04 Lots 11, 12, Block 51 400.00 SF SidewalkOverla• 0.60 2110.00 Bluff Subd. -0- •SF Driveway -0- -O- 787.04 ?. Estate of Juan Gonzales 50:00 LF C,G,Overlay 5.26 263.00 P. 0. Box 1153 200.00 SF' Sidewalk 0.60 120.00 _ Lot 7.0, Block 51 -0- SF Driveway -0- -0- Bluff Subd. 383.00 q• Rev. E.. B. Ledvina 150.00 LF C,G,Overlay (F' 5.26 789.00 Lots 7, 8, 9, Block 51 6.00 LF C,G,Overlay (S; 5.26 .31.56 Bluff Subd. 560.00•SF Sidewalk 0.6o 336.00' •108.45 SF Driveway 1 -10' 1.33 144.24 11300.80 Lobo Street Intersection) Frank Braslau 3.00.00 LF C,G,Over --y'(F, 5.26 526.00 1001 Leopard 6.00 LF C,G,Overlay•(S) 5.26 31.56 V . Lots 11, 12, Block 52 600.00•SF Tied Sidewalk 0.68, 408.00 Bluff Subd. -6- ..SF Driveway -0- -0 -, 965.56 ,C!l ling 23 chipito t"; P1, 9, 10, L'-lock 52 tiff Subd. 50.00 LF G , 0,.,crlay(P) 5.26 96.00 LF C, Overlay (S) 5.26 6.00 LP G, Overlay (F` 5.26 912.00 SP I ed Sidewalk 1 0.63 (q,ipito SLrecjL-, Intersection 300.00 LF G, overlay _rx:ortli Norfolk, Virginia '1680.00sr 1)IL1,113-c"i CC III,( oil • Lots- 9-14, Block D 108.45SIF OWPIE'R AN'D QUAt.111117' )'ROP•PTY 01.1 IMR AMOUJIT TO'VAT, CSsie -Sampson 100-00 LF' c, overlay 1516 Gillette Houston, Texas 600.00 si., -ied Sidewalk Lots 91 10, 11, 12 N.W. -0- Sr )riveway Block 11 N0R1,11 AI (1:481)A !Z!-.!; -b,1j11,0V1;m1,11 i's (CONI I ,C!l ling 23 chipito t"; P1, 9, 10, L'-lock 52 tiff Subd. 50.00 LF G , 0,.,crlay(P) 5.26 96.00 LF C, Overlay (S) 5.26 6.00 LP G, Overlay (F` 5.26 912.00 SP I ed Sidewalk 1 0.63 (q,ipito SLrecjL-, Intersection 5.26 o.68 1.33 5.2 o.68 6 5.26 0.68 -0- 263.00 504.96 31-56 62o.3.6 1578.00 1142.4o 144.24 526.00 408.00 526.00 4o8.00 300.00 LF G, overlay _rx:ortli Norfolk, Virginia '1680.00sr �icd Sidewalk • Lots- 9-14, Block D 108.45SIF )riveway -.10 Morth Broadway Imirez Stre*c_ Intersection) CSsie -Sampson 100-00 LF' c, overlay 1516 Gillette Houston, Texas 600.00 si., -ied Sidewalk Lots 91 10, 11, 12 N.W. -0- Sr )riveway Block 11 -olonia •lexicana Yuan Gonzales P. O. Box 1153 3.00.00 LF G, Overlay Lots 5, 6, 7, 8 N.W. 600.00 sr -0- SF Cied Sidewalk glock 4 )riveway . olonia MeXi cana 5.26 o.68 1.33 5.2 o.68 6 5.26 0.68 -0- 263.00 504.96 31-56 62o.3.6 1578.00 1142.4o 144.24 526.00 408.00 526.00 4o8.00 :1911il•I 1i0. OUHER ALM )1,01'1WIT ]hi[1GIt11'J.'.LO : r QIIAI!'TIT AS3,E:3,;CO • M."SCIt1l9'1014 OP A.9:31'l...i•IlsilT I AtdOUiU, TOTAL -- AMOUHT AE;[�1:,.,,;lsll 1\101.•111 A7<;MI•:nA STi;Iai'L' ru[ >I:OVr:Ffii74TS L4. •far:la Cavazos 50.00 ).F Overlay i 5.26 263-00 1419 KorLh Alameda 300.00 Sr Cicd Sidewalk 0.68 2011.00 Lot's 3,4, N.W. Block 4 -0- SF )riveway -0- -0- 'olonia Mc .xicana 116`(.00 L5. fax Orshanski 50.00 LF ',G,Ovcrlay 5.26 263.00 Lcopard Street 300.00 SF rigid Sidewalk 0.68 2011.00 Lots 1 5 2, NAI. ))lock A -0- SF Driveway -0- -0- -oloni.a I•fexicana 1167.00 .6. Harold Kaffie 41.40 LF ,G, Overlay 5.26 217.76 Petroleum Tower 248.40 SF ried Sidewalk 0.68 168.91 Lot 1, Block ll -0 -. SP Driveway -0- -O- Colonia Nexicana 386.67 . (2 est Broadti,+ay Intersection) ` Lind orLh Alameda Street East Si le a• . >. -• - - � � . , ' � i,'A7. �. • — �.: S"RT r.� - . �p:i`ca:... � .. '. r- .!?aTr -'^. �� E...Z.� �.— -•- _ i T VE.M 01U1•1 AND I YJ1037."RITY QUAW1 1.111Y 1A."'IX.10 I 11f.011 'R)TAI, RM.1' At•l-31111i, AMOUNT NORT I ALAMEDA STRU.-l' 1�111110V 1.11. 37 TO 1'1:s*1' ww'*'m, West Sid I' of street (1-11. 37 Intersection) Carmelite Sisters Lots 1, 2, 3, 4, Block 57 'x200.00 IT. ovcrl,-Ly Bluff. Subd. I *Credit J.'xistinp C'G' —0— SP SidcwaJ k Sidewalk —0— SF iDrivetay 1 1.20 City of Corpus Christi —0— —0— Lots 5 & 6, Block 57 Bluff Subd. (Ili nebagt) Stre t Intersection City Of Corpus Christi -0- Lots 1-6, and 1/2 of Lake Street, Block 56 Bluff Subd. Corpus Christi Independent 330.00 LF' C,G, Overlay(F) 4;75 School District 1/2 of Lake Street & Lots (Alameda) 1,2,3',4,5,6, Block 55 8.00 LF C,G, Overlay (T.obo) 4-75 Bluff Subd. 1980.00 SF Tied Sidewalk 0.68 -0- SF. Driveway LOVO Street Intersection) 2110.00 1s567,50` 38.6o 1,346.4o "ifl It /s!11) (111AINU.'TY Amoull-j! OY M, V0. 011ENTY )):-: ;C�11 P.V.TO11 1201 191 AM.-N!'.1M Max Orshallski STI, ']:]."J* T;-PROVj::-11:.NTS (ONT.) !42.08 8.00 I,r C,C, OvcrlaY(S) 5.26 Leopard Svi-coL 1.50.00 LF C,G, Overlay(F) 5.26 789-00 Lots 1,2,3, Block 511 900.00 SP Tj(,(] Sidevalk 1 0.68 612.00 Bluff Subd. -0- SF Driveway Isabel Charles 25.00 1,r C,C, Overlay 5.26 131-50 1211 2.orLb Alau.ioda 1.50.00 SF Tied Sidewalk o:68 102.00 Lot 4-A, Block 54 -0- SF Driveway -0- -0- Bluff Subd. Estate of Juan Gonzales 141. 00 LF C,C, Overlay 5.26 741. 66 11. 0. Box 1153 786.00 SF Tied Sidewalk 0.68 534.48 Lots 4-B, 5,6,7, Block 54 288.45 SF Driveway 1-101 1-33 383.61+ Bluff Subd. (CiipiCo Stree- Intersection) Northside Manor Apts. 150.00 Lr Overlay 1.13 169.50' 1401 North Alameda -0- SP Sidewalk -0- -0- Lots 13, 14, 15, 16, 17, -0- SF Driveway -0-, -0- 4 18 SE Block 4 Colonia Mexicana. Willie Davis 100.00 LF c,c, Overlay 3.22 322.00• 1321 North Alameda 540.00 SF Tied Sidewalk 0.68 367.20 Lots 19, 20, 21, 22 113.45 SF Driveway 1-101 1.33 150-89 SL Block 4 Colonia 211exicana C ' ''G. Overlay reduced 38% by Council Action htf,(! 7 AM) Q A )A 1 ITI TY I YTION 'A)TAI, NO. PROPENTY 1)X,;C71LI7I0 ;I AS.'i 'D 011, BAIM.; AMOUNT A•MIM' f I i T A I D 1+01:711 AIIIIMA Northside Manor ApLs. 441.40 )AI Oval-1,ly 7..13 )198.78 1401 North Alamoda -0- Sr Sidcualk -0- - • -0- LOU; 2.3, 211, MILI Closed -0-- SP Driveway I -0- -0- I SE 1"JOCIZ 4 and Lots 13-24 NE Block 4 -lilt] Lot 28 1,10CIC C Colonia •exicana End N i•St Broadway I IE - )rth Alameda Intersdetion) Street West Si e . 11 16TAc i1p +�1 :. h +S �:Sr.ISNTS $67,611+.85 22 755.70 59.15 i M.�- - ----- ' 7ltr;o :,:�7•:rl -------- -___ —_ --_• _._ VC. os;;rn;r, nt,u�- ".i gtlnl;T.tT)• i7T.loNF 1'1i01'iii;7 llli:,;(Sll'1'1'.1011 nU_a`J:7iD 01' �• 4MOUAT 1'U'I'nL ' nrsrx;:r�:c1l'1' Al -MUNT nt'sl:s -- ----- ,._,_ ., S'1'Riail' I..I.�0,1•.]l:A'L',i i : "il�s i rci M. -S � i;t: Wi;;A i � Nort.h Side. Chi.pito^ trect from ftort`11 Alameca t•Irs. Hannah .Bt-aslau 1110.00 I,I' C, C 508 Butler ortit II40.00 SP Sidc� +all 1'13 0.60 158.20 Norfolk, Virginia -0– Sr 5011.00 Lot 14, Bl-el: n hort.•lt Broarl-way Addition �nrivet:my 662.20 16TAc i1p +�1 :. h +S �:Sr.ISNTS $67,611+.85 22 755.70 59.15 i 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 IMPROVEMENTS ON THE AFORESAID STREETS, WITHIN THE LIMITS DEFINED ALL CERTIFICATES HEREIN- AFTER 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 AFORESAID STREETS, 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 -7- AND ONE -HALF (6 -1 /2p) PER ANNUM WITH REASONABLE ATTORNEYS FEE AND ALL COSTS AND EXPENSES OF COLLECTIONS 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: DECEMBER 22, 1971 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 (201'.) CASH WITHIN TWENTY DAYS AFTER THE COMPLETION OF SAID WORK AND ITS ACCEPTANCE BY THE CITY, AND 20% RESPECTIVELY ON OR BEFORE ONE YEAR, TWO YEARb, THREE YEARS AND FOUR YEARS AFTER THE COMPLETION OF SAID WORK A'ND ITS ACCEPTANCE BY THE CITY, WITH INTEREST FROM DAY OF SUCH COMPLETION AND ACCEPTANCE BY THE CITY UNTIL PAID AT THE RATE OF 6 -1/2p PER ANNUM; OR 3. PAYMENTS TO BE MADE IN MAXIMUM OF 60 EQUAL INSTALL- MENTS, THE FIRST OF WHICH SHALL BE PAID WITHIN 201 DAYS AFTER THE COMPLETION OF SAID IMPROVEMENT, AND THE ACCEPTANCE THEREOF BY THE CITY, AND THE BALANCE TO BE PAID IN 59 EQUAL CONSECUTIVE MONTHLY INSTALL- MENTS COMMENCING ON THE 1ST DAY OF THE NEXT SUCCEED- ING MONTH AND CONTINUING THEREAFTER ON THE 1ST DAY OF EACH SUCCEEDING MONTH UNTIL THE ENTIRE SUM IS PAID IN FULL, TOGETHER WITH INTEREST FROM THE DATE OF SAID COMPLETION AND ACCEPTANCE BY THE CITY, UNTIL PAID, AT THE RATE OF SIX AND ONE -HALF PERCENT (6 -1/2 %) 51 PER ANNUM; PROVIDED, HOWEVER, THAT THE OWNERS OF SAID PROPERTY'AVAILING THEMSELVES OF OPTION "2" OR 'T' 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 PARCELS 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, ASSIGN- ABLE CERTIFICATES SHALL BE ISSUED BY THE CITY OF CORPUS CHRISTI, TEXAS TO ITSELF UPON THE COMPLETION OF SAID IMPROVEMENTS IN SAID STREETS AND ACCEPTANCE THEREOF BY SAID CITY COUNCIL, WHICH CERTIFICATES SHALL BE EXECUTED BY THE MAYOR IN THE NAME OF THE CITY, ATTESTED BY THE CITY SECRETARY, WITH THE CORPORATE SEAL OF SAID CITY,.AND WHICH CERTIFICATES SHALL DECLARE THE AMOUNTS OF SAID ASSESSMENTS AND THE TIMES AND TERMS THEREOF, THE RATE OF INTEREST THEREON, THE DATE OF THE COMPLETION AND ACCEPTANCE OF THE IMPROVEMENTS FOR WHICH THE CERTIFICATE IS ISSUED, AND SHALL CONTAIN THE NAMES OF THE APPARENT TRUE OWNER OR OWNERS AS ACCURATELY AS POSSIBLE, AND THE DESCRIPTION OF THE PROPERTY ASSESSED BY LOT AND BLOCK NUMBER, OR FRONT FOOT THEREOF, OR SUCH OTHER DESCRIPTION AS MAY OTHERWISE IDENTIFY THE SAME, AND IF THE SAID PRO- PERTY 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 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 WITH REASONABLE ATTORNEYS FEES AND ALL EXPENSES AND COSTS OF COLLECTION, IF INCURRED, AND SAID CERTIFICATE SHALL SET FORTH AND EVIDENCE THE PERSONAL LIABILITY OF THE -9- r REAL AND TRUE OWNER OR OWNERS OF SUCH PROPERTY WHETHER NAMED OR CORRECTLY NAMED THEREIN OR NOTE 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: DECEMBER 22, IW7 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 REGULARLY HAD IN COMPLIANCE WITH THE LAW AND CHARTER IN FORCE IN SAID CITY AND THE PROCEEDINGS OF SAID CITY COUNCIL OF SAID CITY, AND THAT ALL 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 PRO- PERTY DESCRIBED OR ATTEMPTED TO BE DESCRIBED, NOTWITHSTANDING SUCH OWNER OR OWNERS MAY NOT BE NAMED OR CORRECTLY NAMED, AND ANY IRREGULARITY IN THE NAME OF THE PROPERTY OWNER, OR THE DESCRIPTION OF ANY PROPERTY OR THE AMOUNT OF ANY ASSESSMENT, OR IN ANY OTHER MATTER OR THING SHALL NOT IN ANYWISE INVALIDATE OR IMPAIR ANY ASSESSMENT LEVIED HEREBY OR ANY CERTIFICATE ISSUED, AND SUCH MISTAKE, OR ERRORS INVALIDITY OR IRREGULARITY WHETHER IN SUCH _1Q- ASSESSMENT OR IN THE CERTIFICATE ISSUED IN EVIDENCE THEREOF, MAY BE, BUT IS NOT REQUIRED TO BED TO BE ENFORCEABLE, AT ANY TIME CORRECTED BY THE SAID CITY COUNCIL OF THE CITY OF CORPUS CHRISTI. FURTHER THAT THE OMISSION OF SAID IMPROVEMENTS IN FRONT OF ANY PART OR PARCEL OF PROPERTY ABUTTING UPON THE AFOREMENTIONED STREETS, WHICH IS EXEMPT FROM THE LIEN OF SAID ASSESS- MENT, 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 STREETS WITHIN THE LIMITS HEREIN DEFINED AND THE REAL AND TRUE OWNER OR OWNERS THEREOF, ARE THE SAME ASS OR LESS THAN, THE ESTIMATE OF SAID ASSESSMENT PREPARED BY THE DIRECTOR OF PUBLIC WORKS AND APPROVED AND ADOPTED BY SAID CITY COUNCIL AND ARE IN ACCORDANCE WITH THE PROCEEDINGS OF SAID CITY COUNCIL RELATIVE TO SAID IMPROVEMENTS AND ASSESSMENTS THEREOF, AND WITH THE TERMS, POWERS AND PROVISIONS OF SAID CHAPTER io6 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 H. THE FACT THAT THE ABOVE- DESCRIBED STREETS HAVE BECOME IMPORTANT THOROUGHFARES AND THE FACT THAT THE PRESENT CONDITION OF SAID STREETS, WITHIN THE LIMITS DEFINED ARE 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 INTRODUCTIONS AND THAT SAID ORDINANCE SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCILS AND THE MAYOR HAVING DECLARED THAT SUCH EMERGENCY AND NECESSITY EXISTS, AND HAVING REQUESTED THAT SAID CHARTER RULE BE SUSPENDED AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE.2 JDAY OF FEBRUARY, 1972 ATTEST: O L CITY SEC 40A AR MAYOR THE CITY OF CORPUFORISTI, TEXAS APPROVED: DAY OF F•BR RY , 1972: Yf y I CI TI ATTORNEY CORPUS CHRISTI, TEXAS ZILA-DAY OF 'w i9 /aJ 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. RESPECT LY, O MAYOR THE CITY OF COFzv CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: RONNIE SIZEMORE CHARLES A. BONNIWELL ROBERTO Boswuez, M.D. REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. J. HOWARD STARK THE ABOVE ORDINANCE WAS PASSED BY THE FO LLOWI VOTE: RONNIE SIZEMORE CHARLES A. BONNIWELL ROBERTO BOSQUEZ, M.D. REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. J. HOWARD STARK R�