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
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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
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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:
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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
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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
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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:
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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�