The URL can be used to link to this page

Home My WebLink About11425 ORD - 04/04/1973JRR: jldT:4 -2 -73; 1st • AN ORDINANCE CLOSING THE HEARING ON STREET IMPROVEMENTS FOR THE FOLLOWING STREETS: Horne Road Street Improvements Unit I including: 1. Horne Road, from the west property line of Lot 1 -A, Block 1, Laguna Acres to the west right of way line of McArthur Street; and 2. Columbia Street, from the south right of \ way line of °Lolita Street, 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, TH.E MANNER AND TIME OF PAYMENT AND COLLECTION; AND DECLARING AN EMERGENCY. VAHEREAS, THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS, DY DULY ENACTED ORDINANCE PASSED AND APPROVED ON THE 14th DAY OF February , 1973, DETERMINED THE NECESSITY FOR, AND ORDERED THE IMPROVEMENT OF THE FOLLOWING STREETS: Horne Road Street Improvements Unit I including: 1. Horne Road, from the west property line of Lot 1 -A, Block 1, Laguna Acres to the west right of way line of McArthur Street, and 2. Columbia Street, from the south right of way line of Horne Road to the north right of way line of Lolita Street, IN THE MANNER. AND ACCCROING TO THE. PLANS AND SPECIFICATIONS HERETOFORE APPROVED AND ADOPTED DY THE CITY CO;1:dCIL BY 0r0INANCE DATED -February-14,--, 1973, A DULY F:XECUTEO NOTICE LF fAIO ORDINANCE IIAVIfJG BEEN FILED IN THE NAME OF TIIC SAID CITY WITEI T'NF. CcUNTY CLF.r!( oE' N:.IEces Conln'Y, TLXAS; AND 11425 WlIEREAS, SAID CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, AFTER HAVING ADVERTISED FOR AND RECEIVED BIDS ON THE CONSTRUCTION OF SAID IMPROVEHENTS. FOR THE LENGTH OF TIME AND IN THE MANNER AND FORM AS REQUIRED 6Y 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 Constructors , AS AUTHORIZED BY ORDINANCE NO. _ , DATED April 4. 1973 , AND THE PERFORMANCE BOND REQUIRED BY SAID CONTRACT HAS BEEN PROPERLY FURNISHED BY SAID Burtex Constructors 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, EXAI4 INED AND APPROVED BY SAID CITY COUNCIL; AND VNEREAS, SAID CITY COUNCIL, BY DULY ENACTED ORDINANCE DATED Februa 14 1973 1 _ ry a , DID DETERMINE THE NECESSITY OF LEVYING AN ASSESSMENT , FOR THAT PORT1094 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 February 14, 1973, did order and set a hearing to be held on the 7th day of March, 1973, at 4:00 P.M., in the Council Chambers of City Hall, in the City of Corpus Christi, Texas, and reset for 4:00 P.M., March 28, 1973, in the Council Chambers of City Hall, for the real and true owners of the property abutting upon said streets, within the limits above defined, and for all others owning or claiming any interest in or otherwise interested in said property, or any of said matters as to the assessments and amounts' -2- r. TO DE 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 DUES 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 GIVENS WAS OPENED AND HELD ON March 28, 1973 , 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, WHICH TIME THE FOLLOWING APPEARED AND OFFERED THE FOLLOWING 7ESTIMONY7 J i . . A I Minutes • Regular Council Meeting March 28, 1973 Page 14 ORDINANCE NO. 11409 AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION TO THE CRIMI A JUSTICE COUNCIL FOR A GRANT FOR THE SECOND YEAR IMPLEMENTATION OF T. POLICE INFORMATION SYSTEM, A COPY OF SAID APPLICATION BEING ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A "; AUTHORIZING THE CITY MANAGER TO ACCEPT THE AFORESAID AWARD IF OFFERED; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordirlZ.. was passed by the follow- ing vote: Sizemore, Bonniwell, Branch, Gonzales, Lozano and Stark, present and voting "Aye "; Bosquez absent. 1/1" CE NO. 11410 AMENDING THE GRANT AGREEMEVT HERETOFORE ENTERED INTO BETWEEN THE FEDERAL AVIATION AGENCY AND THE 9l'TY OF CORPUS CHRISTI BY AUTHORITY OF ORDINANCE NO. 9482, PASSED AND APPROVED BY THE CITY COUNCIL ON SEPTEMBER 10, 1969, ;BY DELETING PARAGRAPHS�h) AND 10 FROM THE SAID GRANT AGREEMENT, APPLICABLE TO PROJECT NO. 9 -41 156 -7008, CORPUS CHRISTI INTERNATIONAL AIRPORT, AS MORE FULLY SET FO;Rule /,EREINAFTER; AND DECLARING AN EMERGENCY. Zq. h was suspended and the foregoing ordinance was passed ssed by the following , Bonniwell, Branch, Gonzales, Lozano and Stark, present and voting "Aye "; Mayor Sizemore announced the public hearing on assessments for Horne Road Unit I Street Improvements, scheduled for 4:00 p.m. He explained the procedure to be followed, and asked that it be noted that a quorum of the Council and the required Charter officers were present to conduct a valid hearing. City Manager Townsend explained the purpose of the hearing was to allow those interested paoperty owners an opportunity to express themselves regarding the specifications ` of the project and to make comments as to the assessments against their individual properties which will provide a framework for levying the assessments. He stated Director of Engineering Services will present the plans and specifications, and that Assistant City Attorney Michael May will conduct the hearing. Mr. May 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 Minutes Regular Council Meeting March 28, 1973 Page 15 legislative body, would determine or establish the assessments on the abutting properties. Director of Engineering Services James K. Lontos was interrogated 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, explained the nature and extent of the proposed improvements, and pointed out the location on the map, stating the basic limits of the project are: (1) Horne Road, from the west property line of Lot 1 -A, Block 1, Laguna Acres to the west right -of -way line of McArthur Street, and (2) Columbia Street, from the south right -of -way line of Horne Road to the north right -of -way line of Lolita Street. He explained that the construc- tion will be done in two phases, the first beginning at Columbia to McArthur; that the construction is to be according to standard specifications, consisting of curb and gutter, sidewalk, storm sewer improvements and driveways where needed and requested by the property owners. He explained that the assessment rates have been determined in accordance with the City's policy and by using the low bid submitted by Burtex Constructors and by applying these unit prices to the front footage of the abutting property; that the total contract price as shown on the preliminary assessment roll is $270,328.85; total estimated assessments, $74,807.88, and total cost of City's portion, $195,520.97. Mr. Lontos explained options whereby property owners may pay the assessments, and explained that no bills will be submitted for approximately 30 days after the project is finished. Mr. Harold Carr testified as to his identity as a real estate appraiser, time of residence in the City, occupation, experience as an appraiser of all types of real estate, residential, commercial, vacant and rural, his present occupation, and familiarity with the subject area and project. He described the general area, and stated there were no irregularly shaped lots of any significance. He stated he had examined each parcel of land and in his opinion, all the properties appearing on the preliminary assessment roll would be enhanced in value as a result of the improve- ments at least to the extent of the assessment, with the exception of Items #4 and #5, Lots l and 2, Lyles Subdivision, in the name of Harry Weisman, et al. Mr. Carr explained that these properties are zoned "R -1B" at the present time, and if assessed as zoned, it is his opinion that the assessment of $14.31 per L.F. for Curb and gutter and pavement would not be a valid assessment, and should only apply to the area Minutes Regular Council Meeting March 28, 1973 Page 16 presently zoned "B -1 ". Mr. Carr stated if the property were "deed restricted for 20 years to remain for residential use, this would affect his opinion of enhancement as a result of the improvements, and that if it were rezoned for business at the present time, then it would be his opinion that it would be enhanced in the amount of the assessment. He stated it is very valuable property and in his opinion, it will eventually be used for something other than residential. Mr. Carr pointed out that there is some question as to how much of the property is presently zoned for business. Mr. Richard Hatch, attorney representing the Harry Weisman properties, appeared and stated there is some confusion as to how much of the property is actually zoned for business, but that his client never requested that any of it be zoned for business, but was requested by the City; that they had applied for business zoning on the corner lot, but this was rejected by the Planning Commission and was later withdrawn before it came before the Council. He stated his client would like to have the entire area restricted to single - family uses and pay the lower rates, and would be willing to execute instruments to that effect, will execute instruments to the effect that they will pay the higher rate or the difference between $4.75 and $14.31 plus interest, if they are successful in getting the property zoned for a higher use, and are willing to commit the entire tract. No one else appeared to be heard in connection with the proposed street improvements. Motion by Gonzales, seconded by Branch and passed, that the hearing be closed, and that the assessments for the foregoing street improvements, be taken under advisement. and Teel Amendments, Article 25 of the Zoning Ordinance. City MZanager Townsend presented Application #373 -1, Albert P. Perez, for change of zoning from " =,1B" one-family Dwelling District and a Special Permit to "A -1" Apartment House District, on Lot_ 23, Block 3, Molina #1 Subdivision, located south of Horne Road on the west side of Angela Street in the 4100 Block. The request was heard by the Planning Commission March 6, 1973, and forwarded to the Council with the recommendation that it be approved because apartments would be an improvement to this neighborhood and, also, the neighbors are in favor of there nest. The Staff's opinion was that the requested change would constitute spot zoning and an�'ntrusion of multiple - family development into this area. 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, OBJECTIO14 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 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 TIIE STATE OF TEXAS, U::DER WHICH THOSE PROCEEDINGS, WERE BEING HAD, AND THE PRO- CEEDINGS OF SAID CITY COUNCIL HERETOFORE HAD WITH REFERENCE TO SUCH IMPROVE - HENTS, AND IN ALL RESPECTS TO IIE VALID AND REGULAR) AND SAID CITY COUtI(11L i 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 114CLUDED 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 OE.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 IMPROVEMCNTS, AND THAT ALL ASSESSMENTS HEREINSELOW MADE ARE JUST ANU EQUITABLE AND PRODUCE. SUBSTANTIAL EQUALITY CONSIDCRING TIIC BENEFITS RCCCIVED AND THE BURDENS IMPOSED TIIEREBY, AND ARE IN ACCORDANCE WITII THE LA%13 OF THE STATE OF TEXAS, AND THE' CHARTCR PROVISIONS OF THE CITY OF CORPUS CIIRISTI, TEXAS, AND THAT THE PROCEF.OINC.5 AND CONTRACT HEHCTOFORC 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 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 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 106 OF THE ACTS OF THE FIRST CALLED SESSION OF THE tiOTH LEGISLATURE OF THE STATE OF TEXAS, KNOWN AND SHOWN AS ARTICLE 11056 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 HEREINSELOW 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: FINAY ASSESSMENT ROLL, HORNE ROAD STREET IMPROVEMENTS UNIT I This project is described as Horne Road Street Improvements Unit I and the basic limits of this project are as follows: 1. Horne Road, from the west property line of Lot 1 -A, Block 1, Laguna Acres to the west R.O.W. line of McArthur Street, and 2. Columbia Street, from the south R.O.W. line of Horne Road to the north R.O.W. line of Lolita Street. The project is to be constructed by excavating to a width and depth to permit the laying of a 6" curb and gutter section and the installation of pavement varying in cross - section from 8" caliche base, 6" lime stabilized base, 4" of hot -mix surface to 10" caliche base, 6" of subgrade compacted and 2" of Type D hot -mix surface. The basic width of Horne Road is 61' measured from the back of curbs and a portion of Columbia Street will be 41' measured from the back of curbs. Also to be constructed on the project are reinforced concrete sidewalks varying in width from 4' to 5' and 4" thick and driveways where needed and requested by property owners. Storm Sewers are also included to properly drain the streets. The assessment rates have been determined in accordance with the City's policy and by using the low bid submitted by Burtex Constructors and by applying these unit prices to the front footage of the abutting property. The assessment rates are as follows- 1. Curb and gutter and pavement (Horne Road) $14.31 /L.F. 2. Curb and gutter and pavement (Columbia Street) 7.15 /L.F. 3. Pavement only (Horne Road) 11.69 /L.F. 4. Pavement only (Columbia Street) $ 4.53/L.F. 5. Maximum assessed for Residential Area $ 4.75/L.F. 6. Sidewalks � 0.57 /S.F. 7. Driveways 1.07 S.F. 8. 'Transition Section - curb and gutter and pavement $ 8.04 /L.F. Contract Price $270,328.85 Estimated Assessments $ 62,818.35 Total Cost of City's Portion $207,510.50 Janes K. Lon s, P.E. Director of Engineering Services 3/29/73 ASSESSMENTS FOR HORNE ROAD FROM COLUMBIA DRIVE TO MCARTHUR•STREET . Page 1 ITEM NO. OWNER AND PROPERTY DESCRIPTION QUANTITY ASSESSED y ; DESCRIPTION OF ASSESSMENT RATE AMOUNT TOTAL AMOUNT ASSESSED South Side Horne Ro d at Columbia irive 1. City of Corpus Christi -0- IF C, G, Pvmt. 0.00 -0- -0- SF Sidewalk 0.00 -0- -0- SF Driveway 0.00 -0- -0- 2. E. W. Poth 458.00 LF C,G, Pvmt. 14.31 6553.98 8617 Mettler Drive 1832.00 SF Sidewalk 0.57 1044.24 El Paso, Texas 79925 -0- SF Driveway 1.07 -0- 7598.22 Lot 6 Lyles Subdivision 3. Lulac Village Trust 904.00 LF C,G, Pvmt. 4.75 .4294.00 % C. Garcia, et al 86.00 IF Pvmt. only 11.69 1005.34 - 2030 Gollihar -0- SF Sidewalk 0.57 -0- Lulac Village Park -0- SF Driveway 1.07 -0- 5299.34 4. Harry Weisman, et a1 330.00 IF C,G, Pvmt. 14.31 4722.30 4451 Gollihar 1320.00 SF Sidewalk 0.57 752.40 Lot 2 -0- SF Driveway 1.07 -0- 5474.70 Lyles Subdivision 5. Harry Weisman, et al 290.00 IF C,G, Pvmt. 14.31 4149.90 4451 Gollihar 60.00'SF Sidewalk 0.57 661.20 Lot 1 -0- SF Driveway 1.07 -0- 4811.10 Lyles Subdivision Greenwoci Drive 6 R. Lacy, Inc. 146.70 LF C,G, Punt. 14.31 2099.28 Box 2146 466.8o SF Sidewalk 0.57 266.o8 Longview, Texas 75601 288.45 SF Driveway 1.07 3o8.64 2674.00 Lot 1, Block A Chula Vista, Unit 2 • ITEM NO. 7. 8. (S) 9. 10. 11. 12. OWNER AND PROPERTY DESCRIPTION Edgar Linkenhoger Transport Co. of Texas Portion of Block A Chula Vista, Unit 2 Jose Salinas 1642 Chula Vista Lot 8, Block 7 Chula Vista, Unit 2 Flynn Investment Co. Box 2468 Harlingen, Texas 78550 Lot 30, Block 2 Chula Vista #2 1.7. P. & Thomas Riddick 3433 Manitou lot 29, Block 2 Chula Vista #2 W. P. & Thomas Riddick 3433 Manitou Lot 28, Block 2 Chula Vista #2 Nicolas P. Galindo 1713 Horne Road Lot 27, Block, 2 Chula Vista #1 I QUANTITY ! DESCRIPTION ASSESSED OF ASSESSMENT 20.00 LF C,G, Pvmt. 20.00 SF Sidewalk 153.45 SF Drivewayl -15' i +103.99 LF C,G, Pvmt. * -0- SF Sidewalk -0- SF Driveway Chula Vi to Drive + 74.98 IF C,G, P=t. * -0- SF Sidewalk -0- SF Driveway 50.00 IF C,G, Pvmt. -0- SF Sidewalk 1o8.45 SF Driveway 1 -10' i 50.00 LF -0- SF 1o8.45 sr 50.00'LF -0- SF 1o8.45 SF RATE 14.31 0.57 1.07 2.38 0.29 1.07 4.75 0.57 1.07 4.75 0.57 1.07 • Page 2 AMOUNT 286.20 11.40 164.19 247.50 -0- -0- 356.16 -0- -0- 237.50 -0- u6.04 C,G, Pvmt. 4.75 237.50 Sidewalk 0.57 -0- Driveway 1 -10 1.07 11.6.04 C,G, Pvmt. 4.75 237.50 Sidewa lk 1 0.57 -0- Driveway 1 -101 l. o,7 I ll6.04 'F Page I _ ITEM NO. OWNER AND PROPERTY DESCRIPTION QUANTITY ASSESSED i DESCRIPTION OF , ASSESSMENT RATE AMOUNT TOTAL AMOUNT . ASSESSED .73. Ruben E. Sanchez 50.00 IF C,G, Pvmt. 4.75 237.50 1717 Horne Road -0- SF Sidewalk 0.57 -0- Lot 26, Block 2 108.45 SF Driveway 1 -10 1.07 116.04 353.54 Chula Vista #1 14. W. P. & Thomas Riddick 50.00 IF C,G, Pvmt. 4.75 237.50 3433 Manitou -0- SF Sidewalk 0.57 -0- Lot 25, Block 2 108.45 SF Driveway 1 -10' 1.07 116.01+ 353.54 Chula Vista #1 15. W. P. & Thomas Riddick 50.00 LF C,G, Pvmt. 4.75 237.50 3433 Manitou -0- SF Sidewalk 0.57 -0- Lot 24, Block 2 108.45 SF Driveway 1 -10 1.07 116.04 353.54 Chula Vista #1 16. W. P. & Thomas Riddick 50.00 LF C,G, Pvmt. 4.75 237.50 3433 Manitou -0- SF Sidewalk 0.57 -0- Lot 23, Block 2 108.45 SF Driveway 1 -10' 1.07 116.04 353.54 Chula Vista #1 17. Flynn Investment Co. 50.00 LF C,G, Pvmt. 4.75 237.50 Box 2468 -0- SF Sidewalk 0.57 -0- Harlingen, Texas 78550 108.45 SF Driveway 1 -10' 1.07 116.04 353-54 Lot 22, Block 2 Chula Vista ill 18. Irma G. Davila 50.00 LF C,G, Pvmt. 4.75 237.50 1737 Horne -0- SF Sidewalk 0.57 -0- Lot 21, Block 2 108.45 SF Driveway 1 -10' 1.07 116.04 353.54 Chula Vista �l 19. ALestiii Alaniz 50.00 LF C,G, Pvmt. 4.75 237.50 17 E1 Horne -0- SF Sidewalk 0.57 -0- LoL 20, Block 2 108.45 SF Driveway 1 -10' 1.07 116.04 353.54 Chula Vista fkl Page 4 • ITEM NO. OWNER AND PROPERTY DESCRIPTION QUANTITY ASSESSED 9 ; DESCRIPTION OF ASSESSMENT RATE AMOUNT TOTAL AMOUNT ASSESSED 20. Eloise G. Martinez 50.00 IS C,G, Pvmt. 4.75 237.50 1745 Horne -0- SF Sidewalk 0.57 -0- Lot 19, Block 2 108.45 SF Driveway 1 -10 1.07 116.04 353.54 Chula Vista #1 21. W. F. Wallace, Jr. 50.00 IF C,G, Pvmt. 4.75 237.50 Box 6248 -0- SF Sidewalk 0.57 -0- Lot 18, Block 2 108.45 SF Driveway 1 -10' 1.07 116.04 353.54 Chula Vista #1 22. Victor G. Valdez 50.00 LF C,G, Pvmt. 4.75 237.50 1353 Horne -0- SF Sidewalk 0.57 -0- Lot 17, Block 2 108.45 SF Driveway 1 -10' 1.07 116.04 353.54 Chula Vista #1 23. W. P. & Thomas Riddick + 80.71 LF C,G, Pvmt. 4.75 383.37 3433 Manitou * -0- SF Sidewalk 0.57 -0- Lot 16, Block 2 108.45 SF Driveway 1 -10' 1.07 116.04 499.41 Chula Vista #1 Shaw Sc treet 24. W. P. & Thomas Riddick 123.99 LF C,G, Pvmt. 2.38 295.10 (S) 3433 Manitou -0- SF Sidewalk 0.29 -0- Lot 1, Block 1 -0- SF Driveway 1.07 -0- 295.10 Chula Vista #1 Had South Sid3 Horne Road North Side Horne Ro ^l at Columbia Irive 25. City of Corpus Christi -0- IF C,G, Pvmt. 0.00 -0 -- -0- SF Sidewalk 0.00 -0- -0- SF Driveway 0.00 -0- -0- • Page 5 ITEM NO. OWNER AND PROPERTY DESCRIPTION QUANTITY ASSESSED g DESCRIPTION OF ASSESSMENT RATE AMOUNT TOTAL AMOUNT ASSESSED 26. Texas National Guard 803.68 IF C,G Pvmt. 14.31 11500.66 Texas National Guard 274.00 SF Sidewalk 0.57 1296.18 Armory Tract IX378.45 SF Driveway 1 -40 1.07 404.94 13021.78 x 1 -20' 27. State of Texas 637.65 LF C,G, Fvmt. 14.31 9124.77 Cliff Maus Tracts 2478.6o SF sidewalk 0.57 1412.80 Tract G 162.45 SF Driveway 1.07 173.82 10711.39 28. City of Corpus Christi -0- LF C,G, Pvmt. 0.00 -0- Cliff Maus Tracts -0- SF Sidewalk 0.00 -0- Tract E -0- SF Driveway 0.00 -0- -0- Greenwoc i Drive 29. City of Corpus Christi -0- IF C,G, Pvmt. 0.00 -0- Block 6 -0- SF Sidewalk 0.00 -0- Crockett Heights Annex B -0- SF Driveway 0.00 -0- -0- 30. City of Corpus Christi -0- LF C,G, Pvmt. 0.00 -0- Block 5 -0- SF Sidewalk 0.00 -0- Crockett Heights Annex B -0- SF Driveway 0.00 -0- -0- 31. Carmelite Sisters 334.06 LF C,G, Pvmt. 4.75 1586.79 4015 McArthur 17.00 LF Fvmt. only 2.65 45.05 Block 4 404.24 SF Sidewalk 0.57 800.42 Crockett Heights Annex B -0- SF Driveway 1.07 -0- 2432.26 Eni North Side Horne Road Airport Road West ide Beginning 320' (approx. ) North of Horn Road • Page 6 ITEM NO. OWNER AND PROPERTY DESCRIPTION @UANTITY ASSESSED i DESCRIPTION Or ASSESSMENT RATE AMOUNT TOTAL AMOUNT ASSESSED 32. City of Corpas.Christi -0- IF C,G, Pvmt. 0.00 -0- -0- SF Sidewalk 0.00 -0- -0- SF Driveway 0.00 -0- -0- Airport Road East Side Beginning 0' (approx.) North of Horra Road .33• City of Corpus Christi -0- IF C,G, Pvmt. 0.00 -0- -0- SF Sidewalk 0.00 -0- -0- SF Driveway 0.00 -0- -0- Columbie Drive West Side Beginning & Horne Road 34- Eliseo Reyes 121.50 LF C,G, Pvmt. 7.15 868.73 4513 Vestal 291.00 SF Sidewalk 0.57 165.87 Lot l -A, Block 1 410.90 SF Driveway 1 -33 Laguna Acres 1 -35 1.07 439.66 1474.26 35. David Reyes 54.00 LF C,G, Pvmt. 7.15 386.10 (F) 4119 Columbia 182.50 SF Sidewalk 0.57 104.03 Lot 1, Block 1 73.45 SF Driveway 1 -10 1.07 78.59 568.72 Laguna Acres 36. Pablo Morales 170.00 LF C,G, Pvmt. 2.38 404.60 (S) 1246 Loli.ta 620.00 SF Sidewalk 0.29 179.80 E. 50' of Lot 24, Block 1 73.45 SF Driveway 1 -10 1.07 78.59 662.99 Laguna Acres Columbia Drive East ,ide Beginning a Horne Road 37. City og-Coxpus Christi -0- LF C,G, Fvmt. 0.00 -0- -0- SF Sidewalk 0.00 -0- -0- SF Driveway 0.00 -0- -0- • Page 7 ITEM NO. OWNER AND PROPERTY DESCRIPTION QUANTITY ASSESSED 9 DESCRIPTION OF ASSESSMENT RATE AMOUNT TOTAL AMOUNT ASSESSED Horne Road South Side Begi=n ng West Sid of Columbia D ive 38. Eliseo Reyes 9.00 IF C,G, Pvmt. 4" 14.31 128.79 4513 Vestal 91.00 LF C,G, Pvmt. 1" 8.04 731.64 Lot I-A, Block 1 273.50 SF Sidewalk 0.57 155.90 Laguna Acres 576.90 SF Driveway 2 -30' 1.07 617.28 1633.61 S= Sides = Credit Existing sidew + Credit Existing curb a3 id gutter x= Credit Existing drivew 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 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 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 TIIE 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 A14OUNT 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 WORT( ON SAID STREETS AND THE FINDINGS OF TFIE 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, l,'NETHCR NAMED OR CORRECTLY :7ANED HEREIN OR ILOT, SUBJECT TO THE PROVISION OF SLCTIOH 11 TFILItC01', TOGETHER WITH 111TF.REST TIIEREON Al THE HATE OF SIX AND ONE -HALF (6-1125) PER ANNUM WITH REASONABLE ATTORNEY'S 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, AGJ1INST WHICH SAME ARE ASSESSED FROM AND AFTER THE DATE SAID IMPROVEMENTS WERE ORDERED BY SAID CITY COUNCILS TO -WIT: Fahruary 14� 1974 j 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 P RIOR 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: 6 1. ALL IN CASH WITHIN 20 DAYS AFTER COMPLETION OR ACCEPTANCE BY THE CITY) OR 2. TWENTY PERCENT (20�,) CASH WITHIN TWENTY DAYS AFTER THE COMPLETION OF SAID WORK AND ITS ACCEPTANCE BY THE CITY, AND 20�a RESPECTIVELY ON OR BEFORE ONE YEAR, TWO YEARS, THREE YEARS AND FOUR YEARS AFTER THE COM9ILETION 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 -112�', PER ANNUM; OR 3. PAYt•IENTS TO BE MADE IN MAXIMU61 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 SUNI IS PAID IN FULL, TOGETHER WITH INTEREST FROM THE DATE OF SAID COMPLLTIOH Arlo ACCEPTANCE BY THE CITY, ONTIL PAIL), AT THE RATE OF SIX A':N1 ONE -HALF PERCENT (6- 1/2"') PER ANNUM; PROVIDED, HOWEVER, THAT THE OWNERS OF SAID PROPERTY AVAILING THEMSELVES OF OPTION "2" OR „3„ 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 PAYMENTS 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. 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 FIRM, THEN TO SO STATE THE FACT SHALL DE SUFFICIENT AND NO ERROR OR MISTAKE IN DESCRIBI14G SUCH PROPERTY OR IN GIVING THE NAME OF ANY OWNER OR OWNERS, OR OTHERWISE, SHALL IN ANYWISE INVALIDATE OR II4PAIR 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 ASSICNS, OR TIIE HOLDER THEREOF, THE WHOLE OF SAID ASSESSMENT EVIDENCED THEREBY SHALL AT ONCE OCCOHF. DUE. AND PAYABLE, AND SHALL OE COLLECTIBLE WITH REASONABLE ATTOftNEY'S I'EF.S AND ALL E:XPEFISES AI:D COSTS OF COLLECTIONS IF INCURRCD, Ali[' SAID CENT I K I CATC SiHALL SET FORTH AND EVIDENCE. T I I C PERSONAL L I A O I L I T Y OF' REAL AND TRUE OWNER OR OWNERS OF SUCH PROPERTY WHCTHER NAMED OR CORRECTLY NAMED THEREIN OR NOTy AND THE LIEN UPON SUCH PROPERTYy 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: .�21,irt1� 1974 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 i 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 OTIiER 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 SUCII 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 tMA61ED 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 114 ANY OTHER ,FATTER OR TIIING SHALL NOT IN ANYWISE INVALIDATE OR IMPAIR ANY ASSESSMENT LEVIED IIERL•0Y OR ANY CERTIFICATE ISSUED AND SUCII MI`;TAICF, OR FRROR, INVALIDITY OR IRREGULARITY WiIETHCR IN SUCH - IIIIIM ASSESSMENT OR IN THE CERTIFICATE ISSUED IN EVIDENCE THEREOF, MAY BED BUT IS NOT REQUIRED TO BED TO DE 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 lO0 OF THE ACTS OF THE FIRST - CALLED SESSION OF THE BOTH 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 PROVISIO14S SAID PROCEEDINGS, SAID IMPROVEMENTS AND ASSESSMENTS WERE HAD AND MADE BY SAID CITY COUNCIL. SECTION 8. 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 INTRODUCTION, AND THAT SAID ORDINANCE SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND TIIE MAYOR HAVING DECLARED THAT SUCH EMERGENCY AND NECESSITY EXISTS, AND HAVING REQUESTED THAT SAID CHARTER RULE BE SUSPENDED, AND THAT THIS ORDINANCE DE 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 4th DAY OF April, 1973 4cCFIRISTI, ATTES CITY SECR TA Y MAYOR THE CI TEXAS APPROVED: DAY OF ril , X973: AAJI S4 CITY TTO EY . k CORPUS CHRISTI, TEXAS oAY OF , X92-5 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. RESPECTFU Y, Q MAYOR THE CITY OF CO US HRISTI,_ TEXAS I'VE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: BONNIE $IZEMORE � CHARLES A. BONNI :!ELL ROBERTO BOSQUEZ, M.D. REV. HAROLD T. BRANCH _ - THOMAS V. GONZA LES , GABE LOZANO, SR. . - V. HOWARD STARK THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: • BONNIE SIZEMORE CHARLES A. BONNIWELL - ROBERTO BOSQUEZ, M.D. Q,c-• -REV. HAROLD T. BRANCH`S - THOMAS V. GON2ALE5 � •. GABE LOZANO, SR. /I J. HOWARD STARK