HomeMy WebLinkAbout11163 ORD - 11/08/1972• JRR:jkh:10- 31 -72; 1::, •
AN ORDINANCE
CLOSING THE HEARING ON STREET IMPROVEMENTS FOR THE
FOLLOWING STREETS:
HYGETA STREET, FROM AYERS STREET TO MUNICIPAL SERVICE
CENTER ROAD,
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 5th DAY OF July ,
1972, DETERMINED THE NECESSITY FOR, AND ORDERED THE IMPROVEMENT OF THE
FOLLOWING STREETS:
Hygeia Street, from Ayers Street to Municipal Service
Center Road,
IN THE MANNER AIJD ACCORDING TO THE PLANS AND SPECIFICATIONS HERETOFORE
APPROVED AND ADOPTED BY TIIE CITY COUNCIL BY ORDINANCE DATED JUly 51
1872, A DULY CXECUTCD NOTICE OF SAID ORDINANCE HAVING BEEN FILED IN THE
NAME OF THE SAID CITY WITH THE COUNTY CLERK OF NUECES COUNTY, TEXAS; AND
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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 Heldenfels BIDS.
AS AUTHORIZED BY ORDINANCE N0. 11020 , DATED August 9, 1972 , AND THE
PERFORMANCE BOND REQUIRED BY SAID CONTRACT HAS BEEN PROPERLY FURNISHED BY
SAID Heldenfels BIOtheIs 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 CIYY COUNCIL; AND ..
WHEREAS, SAID CITY COUNCIL, BY DULY ENACTED ORDINANCE DATED
July 5, 1972 , 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
July 5, 1972 , DID ORDER AND SET A HEARING TO BE HELD AT 4:00 P.M.
ON THE 2nd DAY OF' August , 19722 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 1105B OF VERNON'S ANNOTATED CIVIL STATUTES OF TEXAS; AND
WHEREAS, SUCH NOTICE WAS GIVEN SAID OWNERS OF PROPERTY AS SHOWN
ON THE CURRENT AD VALOREM TAX ROLL WITHIN THE LIMITS OF THE STREET BEING
IMPROVED BY MAILING SUCH NOTICE AT LEAST FOURTEEN (14) DAYS PRIOR TO THE
HEARING TO SUCH OWNERS AND BY PUBLISHING THREE TIMES NOTICE OF SUCH HEARING
IN THE CORPUS CHRISTI TIMES, THE FIRST OF WHICH PUBLICATION WAS AT LEAST
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
11055, 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 _ August 2, 1972 ,
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, AND SAID
NOTICE WAS REOPENED FOR THE PURPOSE OF HEARING TESTIMONY RELATIVE TO HYGEIA
STREET ONLY, A "F WHICH TIME THE FOLLOWING APPEARED AND OFFERED THE FOLLOW-
ING TESTIMONY;
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Minutes
Regular Council Meeting
October 25, 1972
Paga 4
by the following vote: Sizemore, Bonniwell, Bosquez, Gonzales, Lozano and Stark,
present and voting "Aye "; Brat.ch abset.t.
ORDINANCE NO.11136
AUTHORIZING THE CITY MANAGER TO FILE A GRANT APPLICATION FOR TECHNICAL ASSISTANCE
THROUGH THE INTERGOVERNMENTAL PERSONNEL ACT OF 1970, A COPY OF WHICH GRANT APPLI-
CATION I3 ATTACHED HERETO AND MADE A PART HEREOF, AND TO EXECUTE ALL CONTRACTS,
DOCUMENTS AND INSTRUMENTS INCIDENT THERETO; AND DECLARING AN EMERGENCY.
The Charter rule was suspended and the foregoing ordinance was passed
by the following vote: Sizemore, Bonniwell, Bosquez, Gonzales, Lozano and Stark,
present and voting "Aye "; Branch absent.
ORDINANCE NO. 11137
DIRECTING CITY SECRETARY TO PUBLISH THE ATTACHED FORM OF NOTICE FOR A HEARING
TO CONSIDER ANNEXATION OF PROPERTIES DESCRIBED IN SAID FORM NOTICE OF A PUBLIC
HEARING TO BE HELD IN THE CITY COUNCIL CHAMBER ON NOVEMBER 8, 1972, AT 4:30 P.M.,
DECLARING AN EMERGENCY.
The Charter rule was suspended and the foregoing ordinance was passed
by the following vote: Sizemore, Bonniwell, Bosquez, Gonzales, Lozano and Stark,
present and voting "Aye "; Branch absent.
ORDINANCE NO. 11138
AUTHORIZING THE CITY MANAGER TO SUBMIT AN AMENDED APPLICATION FOR A FEDERAL
GRANT UNDER THE FEDERAL WATER POLLUTION CONTROL ACT, PUBLIC LAW 660, AS AMENDED,
TO ASSIST THE CITY IN THE CONSTRUCIION OF A 500 GPD SEWAGE TREATMENT -PLANT WITH
TERTIARY TREATMENT, FOUR LIFT STATIONS, FORCE MAINS, AND GRAVITY TRUNK MAINS
ON PADRE ISLAND AND A LIFT STATION, FORCE MAIN, AND GRAVITY TRUNK MAIN IN THE
CLARKWOOD AREA; DESIGNATING THE CITY 'MANAGER, R. MARVIN TOWNSEND, AS THE AUTHOR-
IZED REPRESENTATIVE WITH AU`IHORITY TO SIGN DOCUMENTS NECESSARY TO COMPLETE THE
PROJECT; AND DECLARING AN EMERGENCY.
The Charter rule was suspended and the foregoing ordinance was passed
by the following vote: Sizemore, Bonniwell, Bosquez, Gonzales, Lozano and Stark,
present and voting "Aye "; Branch absent,
Mayor Sizemore announced the Regular Meeting would be recessed until
4:00 p.m., during which time the Council held the meeting of the Corpus Christi
Muaeicipal Gas Corporation.
Mayor Sizemore reconvened the meeting at 4:00 p.m., and announced the
Council would hold the scheduled public hearing on assessments on a portion of the
Richter Stre --t Area Strelr Improvements. He asked that it be noted that a quorum
of the Council was present to hold a valid m °eting; that each member of the
Council had been furnished a copy of the Preliminary Assessment Roll, and that
fenior Assistant City Attorney Michael May would conduct the hearing.
Minutes
Regular Council Meeting
October 25, 1972
page 5
City Manager Townsend explained that the public hearing on the Richter
Street Area Street Improvements was held on August 2, 1972, and that the hearing was
being re- opened for the purpose of hearing testimony relative to Hygeia Street only in
view of a protest received from Mr. L. E. Null, attorney representing Mr. Oswald J.
Weiser, owner of property abutting on Hygeia and Sacky, listed on the Assessment Roll
as Item if213; and also that this hearing is concerned with Item #214 in the name of
Hygeia Dairy Company. Mr. Townsend explained that Mr. Weiser had stated he did not
appear at the August 2 hearing because he did not receive a notice of such hearing:
Senior Assistant City Attor -iey Michael May explained the purpose of the
bearing is to comply with the statutes regarding paving assessments; that the Staff
would offer testimony from the City Engineer and evaluation testimony from a real
estate appraiser to substantiate the assessments which appear on the Preliminary
Assessment Roll; that the hearing was to form a basis on which the Council, acting
as a legislative body, would determine or establish the assessments on the abutting
properties, so assessed, that they will be enhanced at least to the amount of the
assessment.
Mr. James K. Lontos, Director of Engineering Services, testified as to his
occupation, time of residence in the City, and formal qualifications and familiarity
with the subject project. He presented the plans and specifications for the proposed
improvements on Hygeia Street; explained the nature and extent, and pointed out the
specific location on the map as being the north side of Hygeia Street from Ayers to
the Municipal Service Center Road, and the south side of Hygeia Street, from Ayers
to the Service Center Road. He stated that Hygeia Street was designed for 37 -foot width
because of its industrial nature, and included curb and gutter, sidewalks and drive-
ways. He explained that the assessment rates have been determined in accordance with
the City policy and by using the low bid submitted by Heldenfe'ls Brothers and apply-
ing these prices to the front footage of the abutting property.
Mr. Harold Carr testified as to his identity as a real estate appraiser,
time of residence in the City of Corpus Christi, occupation, experience as an
appraiser of all types of real estate, residential, commercial, vacant and rural, and
his familiarity with the subject street. He stated the two properties in question
were rectangular in shape; that he had examinad both parcels, and in his opinion,
both will be enhanced in value. as a result of the improvements at least to the amount
of the assessments.
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Minutes
Regular Council Meeting
October 25, 1972
Page 6
Attorney L. E. Null questioned Mr. Carr as to his knowledge of the exist-
ing trailer park, and specifically, if this trailer park would be enhanced in value
as a result of the construction of curb and gutters, Mr. Carr stated he had been
aware of the use of this land, and the existence of the trailer park had been taken
into consideration when he made his recommendation.
Mr. Oswald J. Weiser, 4654 Marks, owner of property abutting on both
Sacky and Hygeia, identified on the assessment roll as Item #213, appeared and
stated he is the owner of Mobile Home Courts at this location, and protested the
assessment for curb and gutters and sidewalks on Hygeia Street on the basis that he
did not feel they were necessary and would devalue rather than enhance the property
because of the added traffic of City employees to the Municipal Service Center. He
explained that Hygeia Street is a deadend street and the improvements would only
benefit the City employees' parking lot and he would, in effect, be paying for the
improvement of this public parking facility. He stated he did not understand why
Hygeia Dairy Company representatives were not present to protest because of the
difficulty they would have to operate with the curb and gutter on their side of the
Street. He stated he did not plan to sell his property, and that his tenants of
the trailer park would not be concerned whether or not there were curb and gutters
and sidewalk; and that he was also concerned about not being able to afford the
$4,118.93 assessment. Mr. Weiser stated it should be noted that there are no
existing curbs and gutters except those proposed around the Municipal Service Center,
and that all streets north, south and west, have no curb and gutters. He explained
that he has access to his trailer park from Ayers Street and Sacky.
City Manager Townsend pointed out that this property is presently zoned
for "I -2" which is part of the problem. It was pointed out that the land could be
deed restricted to single- family use, but under any other circumstances, could be
sold for commercial use.
No one else appeared to be heard in regard to the paving assessments on
Hygeia Street.
Motion by Sonniwell, seconded by Lozano and passed, that the hearing be
closed and that the assessments on Hygeia Street be taken under advisement.
There being no further business to come before the Council, the Regular
« Meeting was adjourned at 4:45 p.m., October 25, 1972.
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THERE BEING NO FURTHER TESTIMONY OFFERED OR ANY FURTHER PARTIES
APPEARING TO BE HEARD, UPON PROPER MOTION, DULY SECONDED AND UNANIMOUSLY
CARRIED, TliE SAID HEARING WAS DECLARED CLOSED; AND
WEREAS, 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 BENEFIT. ED 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
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
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 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, CORPORATIDNS 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
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 LAWS CHARTER PROVISIONS AND PROCEEDINGS OF
THE SAID CITY COUNCIL.
SECTION 3. THAT IN PURSUANCE OF SAID ORDINANCES, DULY ENACTED
BY SAID CITY COUNCILS AUTHORIZING AND ORDERING THE IMPROVEMENTS OF THE ABOVE
DESCRIBED STREET, W9THIN THE LIMITS DEFINED AND IN PURSUANCE OF SAID
PROCEEDINGS HERETOFORE HAD AND ENACTED BY SAID CITY COUNCIL, IN REFERENCE
TO SAID IMPROVEMENTS AND BY VIRTUE OF'THE POWERS VESTED IN SAID CITY WITH
RESPECT TO SAID STREET IMPROVEMENTS BY THE LAWS OF THE STATE OF TEXAS AND
THE CHARTER OF SAID CITY WITH PARTICULAR REFERENCE TO CHAPTER lO0 OF THE
ACTS OF THE FIRST CALLED SESSION OF THE 40TH LEGISLATURE OF THE STATE OF
TEXASI 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 COUNCILS BEING AS FOLLOWS, TO -WIT:
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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 BED 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 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 DEFINEDY 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 014
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 STREET2 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 THEREOF, 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
WHETIIER NAMED OR CORRECTLY NAMED HEREIN OR NOTE SUBJECT TO THE PROVISIONS
OF SECTION 11 TIIEREOF, TOGETIIER WITH 114TEREST THEREON AT THE RATE OF SIX
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AND ONE -HALF (6 -1/2%) 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 COUNCILS TO -WIT: July 5. 1972 1 AND A
PERSONAL LIABILITY AND CHARGE AGAINST THE REAL AND TRUE OWNER OR OWNERS BE
NAMED OR CORRECTLY NAMED HLREINy 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 LIENS2 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 (20,0) CASH WITHIN TWENTY DAYS
AFTER THE COMPLETION OF SAID WORK AND ITS ACCEPTANCE
BY THE CITY AND 20% RESPECTIVELY ON OR BEFORE ONE
YEARS TWO YEARS, THREE YEARS AND FOUR YEARS AFTER
THE COMPLETION OF SAID WORK AND ITS ACCEPTANCE BY
THE CITY WITH INTEREST FROM DAY OF SUCH COMPLETION -
AND ACCEPTANCE BY THE CITY UNTIL PAID AT THE RATE OF
6 -1 /l2/t PER ANNUM; OR
3. PAYMENTS TO BE MADE IN MAXIMUM OF 60 EQUAL INSTALL-
MENTS, THE FIRST OF WHICH SHALL BE PAID WITHIN 20
DAYS AFTER THE COMPLETION OF SAID IMPROVEMENTS 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 FULLS TOGETHER WITH INTCREST FROM THE DATE
OF SAID COMPLETION AND ACCEPTANCE BY THE CITY, UNTIL
PAID AT TIIE RATE OF SIX AND ONE -HALF PERCENT (6- 112;)
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PER ANNUM; PROVIDED HOWEVER, THAT THE OWNERS
OF SAID PROPERTY AVAILING THEMSELVES OF OPTION
IIZII OR ITI ABOVE SHALL HAVE THE PRIVILEGE OF
PAYING ONE, OR ALLY 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
T114E 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 SECRETARYj 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 NUMBERS 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 FIRMS 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 OWNERSp 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 COLLECTIONS IF INCURRrDy AND
SAID CCNTIFICATE SHALL SET FORTH AND EVIDENCE TIIC PERSONAL LIADILITY OF TIIE
-9°
REAL AND TRUE OWNER OR OWNERS OF SUCH PROPERTY, WHETHER NAMED OR CORRECTLY
NAMED THEREIN OR NOT, AND THE LIEN UPON SUCH PROPERTY, AND THAT SAID LIEN
IS FIRST AND PARAMOUNT THEREON, SUPERIOR TO ALL OTHER LIENS, TITLES AND
CHARGES, EXCEPT FOR LAWFUL AD VALOREM TAXES, FROM AND AFTER THE DATE SAID
IMPROVEMENTS WERE ORDERED BY SAID CITY COUNCIL, TO -WIT: July 5, 1972
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 UESCRIBED 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, QUT 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 ERROR, INVALIDITY OR IRREGULARITY WHETHER IN SUCH
im
ASSESSMENT OR IN THE CERTIFICATE ISSUED IN EVIDENCE THEREOF, MAY BED BUT 15
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'106.0F THE ACTS OF THE FIRST -
CALLED SESSION OF THE 40TH LEGISLATURE OF THE STATE OF TEXAS KNOWN AS
ARTICLE 11058 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 S. 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 HEALYH AND PUBLIC
WELFARE OF THE INHABITANTS THEREOF CREATES A PUBLIC EMERGENCY AND AN
IMPERATIVE PUBLIC NECESSITY, REQUIRING THE SUSPENSION OF THE CHARTER RULE
THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS
INTRODUCTION, AND THAT SAID ORDINANCE SHALL BE READ AT THREE SEVERAL MEETINGS
OF THE CITY COUNCILS AND THE MAYOR HAVING DECLARED THAT SUCH EMERGENCY AND
NECESSITY EXISTS AND HAVING REQUESTED THAT SAID CHARTER RULE BE SUSPENDEDy
AND THAT THIS ORDINATCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION
AND TAKE EFFECT AND DE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE,
IT IS ACCORDINGLY SO ORDAINED, THIS THE DAY DF November, 1972
ATTESTS to
/ c q
CITY SECRE A p MAYOR
THE CITY OF CORPUS _S S I, TEXAS
APPROVED:
�A DAY OF NOvEMSER , 1972:
Cf Y ATTORNEY
�. _ A �
CORPUS CHRISTI TEXAS
92& DAY OF
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 15 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.
ESPEC TFU Y� /
THE CITY OF CORP C ISTIx TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
BONNIE SIZENORE
CHARLES A. BONNIWELL
ROBERTO BOSQUEZ, M.D.
REV. HAROLD T. BRANCH
THOMAS V. GONZALES ,
GAGE LOZANO, SR.
J. HOWARD STARK v
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
RONNIE SIZEMORE
CHARLES A. BONNIWELL
ROBERTO BOSQUEZ, M.D.
REV. HAROLD T. BRANCH A
THOMAS V. GONZALES '
GABS LOZANO, SR.
U
J.'HOVARD STARK �_