HomeMy WebLinkAbout10699 ORD - 02/09/1972r /7 /(c Mc
AN ORDINANCE
CLOSING THE HEARING GIVEN TO THE REAL AND TRUE OWNERS OF
PROPERTY ABUTTING UPON THE HEREINAFTER NAMED STREETS IN
THE CITY OF CORPUS CHRISTI, TEXAS, TO -WIT:
1. EAST SHORELINE BOULEVARD (WEST SIDE ONLY) FROM LAGUNA
STREET TO COOPER STREET, THENCE FROM KINNEY STREET
SOUTHWARD APPROXIMATELY 600 L.F., THENCE FROM PARK AVENUE
SOUTHWARD APPROXIMATELY 235 L.F.
2. WEST SHORELINE BOULEVARD (EAST SIDE ONLY) FROM LAGUNA
STREET TO COOPER STREET, THENCE FROM KINNEY STREET
SOUTHWARD APPROXIMATELY 640 L. F. b,, THENCE FROM PARK
AVENUE SOUTHWARD APPROXIMATELY 160 L.F.
3. WEST SHORELINE BOULEVARD (WEST SIDE ONLY FROM COOPER
STREET TO BORN STREET, THENCE FROM 181 L.F. SOUTH OF
BORN STREET TO PARK AVENUE, THENCE FROM 270 L.F. SOUTH
OF PARK AVENUE TO FURMAN AVENUE.
11. COOPER STREET (SOUTH SIDE ONLY) FROM WEST SHORELINE
BOULEVARD WESTWARD APPROXIMATELY 200 L.F. TO THE EXIST-
ING SIDEWALK.
5. KINNEY STREET (NORTH SIDE ONLY) FROM WEST SHORELINE
BOULEVARD TO WATER STREET.
6. BORN STREET (NORTH SIDE ONLY) FROM WEST SHORELINE
BOULEVARD WESTWARD APPROXIMATELY 36 L.F.
7. BROADWAY COURT (BOTH SIDES) FROM WEST SHORELINE BOULEVARD
TO WATER STREET.,
AND FINDING AND DETERMINING THAT PROPERTY ABUTTING SAID
STREETS WILL BE SPECIFICALLY BENEFITTED AND ENHANCED IN
VALUE IN EXCESS OF COST OF IMPROVEMENTS, AND LEVYING AN
ASSESSMENT FOR PAYMENT; FIXING A CHARGE AND LIEN, THE
MANNER AND TIME OF PAYMENT AND COLLECTION; AND DECLARING
AN EMERGENCY.
WHEREAS, THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS, BY DULY ENACTED
ORDINANCE PASSED AND APPROVED ON DECEMBER 29, 1971, DETERMINED THE NECESSITY
FOR AND ORDERED THE IMPROVEMENT OF THE FOLLOWING STREETS:
1. EAST SHORELINE BOULEVARD (WEST SIDE ONLY) FROM LAGUNA
STREET TO COOPER STREET, THENCE FROM KINNEY STREET SOUTH-
WARD APPROXIMATELY 600 L.F., THENCE FROM PARK AVENUE SOUTHWARD
APPROXIMATELY 235 L.F.
2. WEST SHORELINE BOULEVARD (EAST SIDE ONLY) FROM LAGUNA
STREET TO COOPER STREET, THENCE FROM KINNEY STREET SOUTH-
WARD APPROXIMATELY 6110 L.F., THENCE FROM PARK AVENUE
SOUTHWARD APPROXIMATELY 180 L.F.
3. WEST SHORELINE BOULEVARD (WEST SIDE ONLY) FROM COOPER
STREET TO BORN STREET, THENCE FROM 181 L.F. SOUTH OF BORN
STREET TO PARK AVENUE, THENCE FROM 270 L.F. SOUTH OF PARK
AVENUE TO FURMAN AVENUE.
is G99
4. COOPER STREET (SOUTH SIDE ONLY) FROM WEST SHORELINE
BOULEVARD WESTWARD APPROXIMATELY `LOO L.F. TO THE
EXISTING SIDEWALK.
5. KINNEY STREET (NORTH SIDE ONLY) FROM WEST SHORELINE
BOULEVARD TO WATER STREET.
6. BORN STREET (NORTH SIDE ONLY) FROM WEST SHORELINE
BOULEVARD WESTWARD APPROXIMATELY 36 L.F.
7. BROADWAY COURT (BOTH SIDES) FROM WEST SHORELINE
BOULEVARD TO WATER STREET. '
BY THE CONSTRUCTION, RECONSTRUCTION, REPAIRING OR REALIGNING OF CONCRETE SIDE-
WALKS, IN THE MANNER AND ACCORDING TO THE PLANS AND SPECIFICATIONS HERETOFORE
APPROVED AND ADOPTED BY THE CITY COUNCIL BY ORDINANCE DATED DECEMBER 29, 1971,
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 LAWS DID AWARD A
CONTRACT FOR THE CONSTRUCTION OF SAID IMPROVEMENTS TO THEIR LOWEST AND MOST
ADVANTAGEOUS BID AND SAID CONTRACT HAS BEEN AWARDED TB ASPHALT PAVING COMPANY,
AS AUTHORIZED BY ORDINANCE NO. 10646 . DATED DECEMBER 29, 1971 , AND THE
PERFORMANCE BOND REQUIRED BY SAID CONTRACT HAS BEEN PROPERLY FURNISHED BY
SAID ASPHALT PAVING COMPANY 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
WHEREASP 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 BF 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
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I
WHEREAS, SAID CITY COUNCIL, BY DULY ENACTED ORDINANCE DATED
DECEMBER 29, 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 29, 1971 , DID ORDER AND SET A HEARING TO BE HELD AT 3*00 OICI_oCk P.M.
ON THE 2ND DAY OF FEBRUARY , 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 ''"ESF"ENTS AND AMOUNTS
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 110558 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 (1Y) 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
11050, VERNON'S ANNOTATED CIVIL STATUTES; ANO
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 FEBRUARY 2, 1472 f
IN THE COUNCIL CHAMBERS OF CITY HALL IN THE CITY OF CORPUS CHRISTI, TEXAS,
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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:
a
Minutes
Regular Council Meeting
February 2, 1972
Page 5
matter be further tabled to allow the Council time to review the an approved by the
Commission January 11, and that the tim rfinal Council action be extended for a time
not to exceed March -172, so as to be within the time limit requirement as set out in
Mayor Sizemore announced the public hearing on assessments for sidewalk improve-
ments in the Coliseum area.
City Manager Townsend explained the sidewalk improvement project and the procedure
to be followed. He stated that the contract includes construction of sidewalks on portions of
streets in the Coliseum area, generally getween Furman, Laguna, East Shoreline and Water
Streets, and also expansion of the Parking Lot on the west side of the City Hall which portion
is not being assessed. He explained that these sidewalks are proposed for the safety of
pedestrian traffic to and from the Coliseum, and to improve access to the City Hall. He
stated that these sidewalks have been needed for many years, and 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 Director of Engineering Services
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 six segments of sidewalks on East Shoreline,
West Shoreline, Cooper Street, Kinney Street, Born Street and Broadway Court; that the
sidewalks will be six feet in width with the exception of a portion abutting the Goad Motor
Company which will be 14 feet wide to blend with the paved area existing on that portion,
and that the plans include construction of header curb along the parking area at the Goad
Minutes
Regular C6ncil Meeting
February 2, 1972
Page 6
Motor Company, for the purpose of stopping cars from encroaching onto the sidewalk.
Mr. Lantos stated the total contract price shown on the preliminary assessment roll is
$33,686.25; total assessments $12,348.29, and total City cost $21,337.96; 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. Lantos stated that it is recommended that the header curb on the north
side of the Goad Motor Company property be eliminated and the contract price be adjusted
accordingly to reflect a reduction of $608.73 on this item.
Mr. Tom Goad, owner of Goad Motor Company (Items #10 and #11), appeared and
stated they had requested the elimiration of the header curb at that particular point for the
reason it may not fit into their plans for future rearrangement of the property lines; that
they are agreeable to the header curb on the other side, but in lieu would prefer to have
wheel stops or the proposed fence. Mr. Goad explained his reason for requesting the 14 -foot
wide sidewalk in front of the property, stating it would be uniform with the existing sidewalk.
He pointed out that they were being assessed for the additional width, and that he had agreed
to this on the assumption that there will not be a bond issue for a possible convention center J
in the ea of the Coliseum which could alter the plan or void the expenditure. He suggested
a delay of at least thirty days of this construction pending the Council's decision with regard
to location of a convention center.
City Manager Townsend pointed out that the convention center issue at this time is
very indefinite and that it is the conclusion of the Staff that this project is basic and they
can depend on at least two year's use of the sidewalks.
Mr. Harold Carr testified as to his identity as a real estate appraiser, time of
residence in the City, occupation, and familiarity with the subject area and project. He
described the general area, stating there were no irregular shaped lots which would affect
the ossessmbnts; that he had personally examined each parcel of land and that each and
every parcel will be enhanced in value at least to the extent of the assessment as a result
of the sidewalk improvements.
Minutes
Regular Council Meeting
February 2,1972
Page 7
Mr. Jeff Wakefield, owner of Lots 5, 6, 7, Block 3, Rayne Tract, Otem #5;,
stated that this property is located io the north of the Terrace Motel, is being used for free
parking area for Coliseum activities; that if sidewalks are installed cars will have to cross
over the sidewalk to reach the parking area, and the sidewalks.will be broken and damaged
by traffic. He stated that when he improves the property he will have to build sidewalks_ but
at the present time he does not see where the sidewalk leads. He stated he not only wo,;Id be
charged for the installation of the sidewalks but would also be responsible for the maintgeance.
City ManagerTownsend pointed out that there are two motels in this area thai will use
the sidewalks, but that Mr. Wakefield has a valid point regarding the use of the parking area,
and suggested that perhaps the City should bear the expense of a driveway to the parking area.
Mr. Wakefield stated he did not object to the sidewalks but objected to the possibility
of having to rebuild them because of the traffic over them. He stated that to construct a
driveway to the parking area would be the same as posting a sign saying "free parking," and
that he did not wan] to pe put in a position of charging for the parking
No one else appeared to be heard in connection with the proposed sidewalk assessments.
Motion by Stark, seconded by Bosquez and passed, that the hearing be closed for
further consideration and evaluation of th6 foregoing testimony.
REDECLARING, UNDER ART. 5890e, V.A.C.S., TEXAS AND ARTICLE 1175, V. S.
TEXAS AND FOR IMPLEMENTATION OF THE CITY -HUD CONTRACT OF Aqatm 12,
1970, UNDER AUTHORITY OF PUBLIC LAW 79 AND PUBLIC LAW 875, . CON13RESS
AS AMENDED, AND THE DISASTER RELIEF ACT OF 1969, AS �NTBY AM ED, THE STATE CF
CIVIL EMERGENCY CONTINUING IN THE CITY OF CORSTI AS A RESULT OF
HURRICANE CELIA AND AUTHORIZING THE ESTABL!S HE-CITY OF MOBILE
HOME PARK ACCOMMODATIONS FOR DISASTE USING PURPOSES WITHIN THE
CITY AS HERETOFORE AUTHORIZ�BYTH Y COUNCIL , TO CONTINUE THE SAME;
PROVIDING SEVERABILITY; PROVICE AND PUBLICATION; AND DECLARING
AN EMERGENCY.
The Charter Rul -19-s suspended and the foregoing ordinance• was passed by the
following � - Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark,
Ar
THERE BEING NO FURTHER TESTIMONY OFFERED OR ANY FURTHER PARTIES
APPEARING TO BE HEARD, UPON PROPER MOTION, DULY SECONDED AND UNANIMOUSLY
CARRIED, THE SAID HEARING WAS DECLARED CLOSED; AND
WHEREAS, NO FURTHER PARTIES APPEARING AND NO FURTHER TESTIMONY
BEING OFFERED AS TO THE SPECIAL BENEFITS IN RELATION TO THE ENHANCED VALUE
OF SAID ABUTTING PROPERTY AS COMPARED TO COST OF THE IMPROVEMENTS OF SAID
PORTION OF SAID 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 TH,E 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
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CITY COUNCIL DID CONSIDER AND CORRECT ALL ERRORS, INVALIDITIES OR DEFICIENCIES
CALLED TO ITS ATTENTION AND DID FIND THAT ALL PROCEEDINGS AND CONTRACTS WERE
PROPER AND IN ACCORDANCE WITH THE CHARTER OF SAID CITY AND THE LAWS OF THE
STATE OF TEXASP 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
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 HEREINASOVE DESCRISEDj WITHIN THE LIMITS DEFINED,
AND THE REAL AND TRUE OWNER OR OWNERS THEREOF] ARE JUST AND EQUITABLE AND
DID ADOPT THE RULE OF APPORTIONMENT SET OUT BELOW AND THE DIVISION OF THE
COST OF SAID IMPROVEMENTS BETWEEN SAID ABUTTING 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 BED
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
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AS PROPOSED TO BED 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
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 NOTE HAVE BEEN IN ALL THINGS REGULARLY HAD AND
PERFORMED IN COMPLIANCE WITH THE LAW, CHARTER PROVISIONS AND PROCEEDINGS OF
THE SAID CITY COUNCIL.
SECTION 3. THAT IN PURSUANCE OF SAID ORDINANCES, DULY ENACTED
BY SAID CITY COUNCIL, AUTHORIZING AND ORDERING THE IMPROVEMENTS OF THE ABOVE
DESCRIBED STREET, WITHIN THE '.IMITS DEFINED, AND IN PURSUANCE OF SAID
PROCEEDINGS HERETOFORE HAD AND ENACTED BY SAID CITY COUNCIL, IN REFERENCE
TO SAID IMPROVEMENTS AND BY VIRTUE OF THE POWERS VESTED IN SAID CITY WITH
RESPECT TO SAID STREET IMPROVEMENTS BY THE LAWS OF THE STATE OF TEXAS AND
THE CHARTER OF SAID CITY, WITH PARTICULAR REFERENCE TO CHAPTER 106 OF THE
ACTS OF THE FIRST CALLED SESSION OF THE 40TH LEGISLATURE OF THE STATE OF
TEXAS, KNOWN AND SHOWN AS ARTICLE 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 THEREOFy 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 COUNCIL, BEING AS FOLLOWS TO -WIT:
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UIDEV IALI::L'I{17;01 +1;i•11 ?N'IS; 1-U13% D�FAITOVIN Ali1'A AND
CI'T'Y 1L11,L PARK-114G LOT IXTEMS1011
1. Last Shoreline Boulevard (hest sl.dc only) from Laguna Street
to Cooper Street, 'thence from Kinney Street southward approx-
imately 600 L.F., thence from Iark Avenue southward approxi-
mately 235 L.F.
J 2. West Shoreline Boulevard (F,ast side only) from Laguna Street
to Cooper Street, thence from Kinney Street southward approx-
imately 640 L.F., thence from Park Avenue southward approxi-
mately 180 L.F.
3. West Shoreline Boulevard (West side only) from Cooper Street
to Born Street, thence from 181 L.F. South of Born Street to
Park Avenue, thence from 270 L.F. South of Park Avenue to
Furman Avenue.
4. Cooper Strect.(South side only) from West Shoreline Boulevard
westward approximately 200 L.F. to the existing sidewalk.
5. Kinney Street (North side only) from West Shoreline Boulevard
to Water Street.
6. Born Street (North side only) from West Shoreline Boulevard
Crest ward approximately 36 L.F.
7. Broadway Court (Both sides) from I-lest Shoreline Boulevard to
Water Street.
Sidewalks proposed in the above locations vary in width but average 6' wide
and of reinforced concrete 4" thick.
The project also includes the enlargement
of the City Hall parking lot.'
The assessment rates have been calculated
in.accordance with the City's
paving assessment policy using the unit prices from the low bid as sub-
mitted by Asphalt Paving Company.
The project includes also minor repairs to
curbs and gutters and the con-
struction of some header curbs.
The assessment rates are as follows:
Sidewalk
$0.60/S.F.
Header Curb
3.09/L.F.
Curb and Gutter Repair
3.41/L:F.
Total Contract
*❑ _ } •32� 9s
Total Assessments
$11,613:56 ✓ Y4
Net City's Portion
�_ „/,
SIDEWALK IMPROVEM MS FOR
DOWNTOWN AREA
SIDEWALK ASSESSMENT RATIiS
BASED ON ASPHALT PAVING & CONST. CO.
BID OF DEC. 15, 1971 AND ORD. #9535
SIDEWALK
80% of Bid Price plus 6i% Engineering Costa
0.80 x 0,70 x 1.065 = $0.60 /S,F.
HEADER CURB
100% of Bid Price plus 6'k% Engineering Cost.
1.00 x $2.90 x 1.065 = $3.09 /L.F.
CURB & GUTTER REPAIR
100% of Bid Price plus 6?/ Engineering Cost.
1.00 x $3,20 x 1.065 = $3.41 /L.F.
Page 1.
ITEM
NO.
01•7NER AND
PROPLRTY DESCRIPTION
QUANTITY
ASSESSED
s
DESCRIPTION
OF
ASSESSMENT
RATE
AMOUNT
TOTAL
AMOUNT
ASSESSED
DOWNT
)WN AREA SIV',WALK
IMPROVEMS
i17S
West Shorel.ne
Boulevard
West S
de of West
horeline Boulevard
Beginning w
Kinney Street
1.
Joske Brothers
1879.22 SF
Sidewalk
$0.60
$1,127.53
% Neyland Realty
$1,127.53
Corpus Christi, Texas
Blk. 2, South Water Beach
Addition
109 N. Chaparral
2.
J. R. Davis % Ralph Cook
949.00 SF
Sidewalk
0.6o
569.40
P. O.,Box'6468
17.00 LF
Header Curb
3.09
52.53
Corpus Christi, Texas
621.93
Blk. 2, South Water Beach
Addition
(Cooper
Street)
West S
de of West
horeline Boule
and
B
ginning at Furman
Avenue
3.
First Methodist Church
*'1117.86 SF
Sidewalk
0.60
670.72
900 W. Shoreline
670,72
Corpus Christi, Texas
Lot 3, Shoreline Terrace
* Credit for existing s
dewalk
4.
Shoreline Terrace Hotel
45.00 SF
Sidewalk
0.60
27.00
P. 0. Box 837
27.00
Corpus Christi, Texas
Lot 2, Shoreline Terrace
Page 2
ITEM
01-17M AND
QUANTITY
DLSCRIPTION
TOTAL
NO.
PROPERTY DESCRIPTION
ASSESSED
OP
RATE
AMOUNT
AMOUNT
ASSESSMENT
ASSESSED
DOWNT
, A•TN AREA SIDEWALK
IMPROVEMBI
S
5.
J. F. Wakefield
1526.00 SF
sidewalk
$0.60
$ 915.60
P. 0. Box 279
Corpus Christi, Texas
$ 915.60
Lots 5, 6, 7, Blk. 3
Rayne Tract
6.
H. N. Pease
537.00 SF
Sidewalk
0.60
322.20
221 Louisiana
322.20
Corpus Christi, Texas
Lot D, Block 3
Rayne Tract
7.
House of Mark Restaurant
* 15.00 SF
Sidewalk
0.60
9.00
I
8.
9i
,b A.M. & Alice Salvo
201 Baycliff
Corpus Christi, Texas
Lot 1, Blk. 3
Rayne Tract
*Credit Existing sidewa:
Lichtenstein's, Inc.
P. 0. Box 1271
Corpus Christi, Texas
Lot 5, Blk. 5
South Water Beach Addn.
Frank Irving Braslau
1001 Leopard Street
Corpus Chriti, Texas
Lots 3A, 3B, 4, Blk. 5
South Water Beach Addn.
(Park venue)
334.00 SF Sidewalk
270.00 SF Sidewalk
o.6o 200.4o
0.60 162.00
9.00
200.1+0 I
162.00 1
Page _ 3 _
a
ITEM OWNER AND RUANTITY DESCRIPTION TOTAL
NO. PROPERTY DESCRIPTION ASSESSED OP RATE AMOUNT AMOUNT
ASSI:SS1MT ASSESSED
10 -A
10.
11.
12.
Barney Cott & Caroline C. 546.00 SF
Weber
1930 Eldorado Avenue
Berkley, California
Lot 2, Blk. 5
South Water Beach Addn.
I
T. L. Goad *'314.64 SF
P. 0. Box 2745
Corpus Christi, Texas
Lot 1, Blk. 5
South Water Beach Addn.
*Credit existing sidewLlk
Goad Motor Company
P. 0. Box 2745
Corpus Christi, Texas
Blk. 4, South Water Beach
Addn.
*Credit for existing si
Lewis Boggus Motors, Inc.
P. o. Box 1580
Corpus Christi, Texas
Lots 1 -11, Jones Shore-
line Business Lots
*Credit existing sidewalk
(Broadwa Courts)
*1498.00 SF Sidewalk 14'
wide
ewalk
(Born reet)
*1552.14 SF Sidewalk
$o.6o $ 327.6o
o.6o 188.78
1 0.60
Mo
898.80
931.28
1 $ 327.60 j
188.78 1
�I
931.28 1
Page !i
ITEM
NO.
OWNER AND
PROPERTY DESCRIPTION
!"
QUANTITY
ASSESSED
y
DESCRIPTION
OF
ASSESSAE11T
RATE
AMOUNT
TOTAL
AMOUNT
ASSESSED
DOWNT
)TdN AREA SIDI
VALK IMPROVER TS
13.
Nueces Trust & Savings
630.00 SF
Sidewalk
$0.60
$ 378.00
all S. Shoreline
$ 378.00
Lot 7
Harney Tract
(Kinney
Street)
End_Wes-
Side West
horeline Boule
and
est Shoreline
Boulevard
East Si
le of West S
oreline BoulevLrd
Cooper
Street
14.
Tax Assessor- Collector
1746.00 SF
Sidewalk
0.60
1,047.60
Nueces County
1,047.60
Corpus Christi, Texas
(Laguna
Street)
•
E
st Shorelin
Boulevard
West Side
of East S1
Loreline Boulev
xd
Cooper
Street
15.
Tax Assessor - Collector
1716.00 SF
Sidewalk
0.60
Nueces County
1,029.60
Corpus Christi, Texas
1,029.60
(Laguna
Street)
Page 5
1
ITNM 01MM AND QUANTITY DESCRIPTION TOTAL
170. PROPERTY MSCRIPTION ASSESSED Or RATE AMOUNT AMOUNT
ASSESSIMIT I ASSESSED
16
17.
'From Wat,
Joske Brothers
Neyland Realty
Corpus Christi, Texas
Lot 1, Blk. 2
South Water Beach
109 N. Chaparral
Between Wate
Lewis Boggus Car Lot
P. o. Box 1580
Corpus Christi, Texas
Lot 1
Jones Shoreline Business
Lots
From
AREA SID NALK IMPROVEM
(Kinney Street)
Side of Kinney Street
Itreet to West Shorelin
24.00 SF Sidewalk
55.00 IT Curb & Gutter
(Born treet)
orth Side of Born Avenue
Street and West Shoreline
114.00 SF Sidewalk
(Broadwa Courts)
th Side of I roadway Courts
Street to is st Shoreline B(
$o.6o $ 734.4o
3.41 187.55
$ 921.95
68.4o
Page 6
ITEM
NO.
01-MR AND
PROPERTY DESCRIPTION
QUANTITY
ASSESSED
A
DESCRIPTION
OF
ASSESSMENT
RATE
AMOUNT
TOTAL
AMOUNT
ASSESSED
DOWNT
WPT AREA SID]
WALK INIPROVU-911TS
18.
Cadillac Used Cars
1110.00 SF
Sidewalk
$0.60
$ 709.20
P. 0. Box 2745
-0- LF
Header Curb
3.09
-0-
Corpus Christi, Texas
trivev-ay_1. -12'
3..10
-0-
South Water Beach Addn.•
lurb Break -out
2.00-
-0=
$ 709.20 ,
'So
th Side of
Iroadway Courts
From° Water:
treet- to- We•t,Shoreline
Bo
levard
19.
Tom Goad Cadillac
.972.00 SF
Sidewalk
0.60
583.20,
P. 0. Box 2745
153.00 LF
Header Curb
3.09
472.77
Rent -A -Car
'urb 13real =out
2.00
"'-0 -"
Corpus Christi, Texas
Driveway -1-3'
1.10
-0-
$ 1,055.97
Lot 1
South Water Beach Addn.
SECTION 11. BE IT FURTHER ORDAINED THAT IN THE EVENT THE ACTUAL
FRONTAGE OF A14Y 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 BED 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 HERE.IN 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 FORS 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 ENGINEERING SERVICES UPON
COMPLETION OF SAID WORK ON SAID STREET] AND THE FINDINGS OF THE DIRECTOR OF
ENGINEERING SERVICES 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 DEFINEDI 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 -1/2 %) PER ANNUM WITH REASONABLE ATTORNEYS FEE AND ALL COSTS
AND EXPENSES OF COLLECTION, IF INCURRED, ARE HEREBY DECLARED TO BE MADE A
FIRST AND PRIOR LIEN UPON THE RESPECTIVE PARCELS OF PROPERTY, AGAINST WHICH
SAME ARE ASSESSED FROM AND AFTER THE DATE SAID IMPROVEMENTS WERE ORDERED BY
SAID CITY COUNCIL, TO -WIT: DECEMBER 29, 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 ENFORCE-
ABLE 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 SUMS SO ASSESSED SHALL BE PAYABLE TO THE CITY OF CORPUS
CHRISTI, OR ITS ASSIGNS, IN MONTHLY INSTALLMENTS OF NOT EXCEEDING TWENTY -FOUR
(24) IN NUMBER, SAID PAYMENTS TO BE MADE AT THE CITY HALL IN THE CITY OF CORPUS
CHRISTI, NUECES COUNTY, TEXAS, THE FIRST OF WHICH SHALL BE PAYABLE WITHIN THIRTY
(30) DAYS FROM THE DATE OF THE COMPLETION OF SAID IMPROVEMENTS AND THEIR ACCEPTANCE
BY THE CITY OF CORPUS CHRISTI, AND ONE INSTALLMENT SHALL BE PAYABLE EACH MONTH
THEREAFTER UNTIL SAID ASSESSMENT HAS BEEN PAID IN FULL, INCLUDING INTEREST
THEREON AT THE RATE OF 6 -1/2% PER ANNUM FROM AND AFTER THE DATE OF SAID COM-
PLETION AND ACCEPTANCE, PAST DUE PRINCIPAL AND INTEREST TO BEAR INTEREST AT THE
SAME RATE PER ANNUM UNTIL PAID, SO THAT UPON THE COMPLETION AND ACCEPTANCE BY
SAID CITY COUNCIL OF THE IMPROVEMENTS IN ANY UNIT OR PORTION OF STREET ABOVE
DEFINED, THE ASSESSMENTS AGAINST THE PROPERTY ABUTTING UPON SUCH COMPLETED AND
ACCEPTED UNIT SHALL BE AND BECOME DUE AND PAYABLE IN INSTALLMENTS AS PROVIDED.
PROVIDED, HOWEVER, THE OWNER OR OWNERS OF ANY SUCH PROPERTY SHALL HAVE THE
PRIVILEGE OF PAYING ALL OR ANY OF SAID INSTALLMENT, TOGETHER WITH INTEREST
ACCRUED THEREON DOWN TO THE DATE OF PAYMENT; AND PROVIDED FURTHER THAT THE
OWNER OR OWNERS OF ANY SUCH PROPERTY MAY PAY THE TOTAL OF SUCH ASSESSMENT WITHOUT
INTEREST WITHIN THIRTY (30) DAYS AFTER THE COMPLETION AND ACCEPTANCE OF SAID
IMPROVEMENTS. IF DEFAULT SHALL BE MADE IN THE PAYMENT OF ANY INSTALLMENT OF
PRINCIPAL OR INTEREST, PROMPTLY WHEN DUE, THEN, AT THE OPTION OF THE CITY OF
CORPUS CHRISTI, OR ITS ASSIGNS, THE ENTIRE AMOUNT OF SAID ASSESSMENT UPON WHICH
DEFAULT ,IS MADE, TOGETHER WITH REASONABLE ATTORNEY'S FEES AND ALL COSTS AND
EXPENSES OF COLLECTION, IF INCURRED, SHALL BE AND BECOME IMMEDIATELY DUE AND
PAYABLE.
51
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 COUNCILS 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 A N 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 DUES 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
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 COUNCILS TO -WIT: DECEMBER 29, 1971
AND SHALL PROVIDE IN EFFECT THAT IF DEFAULT SHALL BE MADE IN THE PAYMENT
THEREOF, THE SAME MAY BE ENFORCEDi AT THE OPTION OF THE CITY, OR THEIR
-9-
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 OWNERS OR THE DESCRIPTION OF ANY PROPERTY OR THE AMOUNT
OF ANY ASSESSMENT, OR IN ANY OTHER MATTER OR THING SHALL NOT IN ANYWISE
INVALIDATE OR IMPAIR ANY ASSESSMENT LEVIED HEREBY OR ANY CERTIFICATE ISSUED
AND SUCH MISTAKE, OR ERROR, INVALIDITY OR IRREGULARITY WHETHER IN SUCH
ASSESSMENT OR IN THE CERTIFICATE ISSUED IN EVIDENCE THEREOF MAY BED BUT IS
NOT REQUIRED TO BE, 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
so
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 AS, OR LESS TITAN, THE ESTIMATE OF SAID
ASSESSMENT PREPARED BY THE DIRECTOR OF ENGINEERING SERVICES AND APPROVED AND ADOPTED
BY SAID CITY COUNCIL AND ARE IN ACCORDANCE WITH THE PROCEEDINGS OF SAID CITY
COUNCIL RELATIVE TO SAID IMPROVEMENTS AND ASSESSMENTS THEREOF, AND WITH THE
TERMS, POWERS AND PROVISIONS OF SAID CHAPTER 106 OF THE ACTS OF THE FIRST -
CALLED SESSION OF THE 40TH LEGISLATURE OF THE STATE OF TEXAS, KNOWN AS '
ARTICLE 11056 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 114PROVEMENTS AND ASSESSMENTS WERE HAD AND MADE BY
SAID CITY COUNCIL.
SECTION 8. THE IMPORTANCE TO THE PUBLIC OF DETERMINING THE ASSESS-
MENTS AGAINST PROPERTY OWNERS AND THEREBY ENABLING CONSTRUCTION TO PROCEED
AS PROMPTLY AS POSSIBLE CREATES A PUBLIC EMERGENCY AND IMPERATIVE PUBLIC
NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR
RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION BUT THAT
SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE
CITY COUNCIL, AND THE MAYOR HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO
EXIST, AND HAVING REQUESTED THE SUSPENSION OF THE CHARTER RULE 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 9TH DAY OF FEBRUARY, 1972.
ATTEST- o
I �
CITY SECR TARP MAYOR
THE CITY OF CORPUS ST1, TEXAS
APPROVED:
AY F UARY, 1972:
GlQ�,(��Y AT OR Y
CORPUS CHRISTI, TEXAS
-CLJ DAY OF 4L__7 19 7.1/
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 I
THE CITY OF CORPUOIRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
RONNIE SIZEMORE
CHARLES A. BONNIWELL
ROBERTO BOS4UEZ, M.D.
REV. HAROLD T. BRANCH
THOMAS V. GONZALES
GABE LOZANO, SR.
J. HOWARD STARK
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
RONNIE SIZEMORE
CHARLES A. BONNIWELL
ROBERTO BOSQUEZ, M.D.
REV. HAROLD T. BRANCH
THOMAS V. GONZALES
• GABE LOZANO, SR.
J. HOWARD STARK