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HomeMy WebLinkAbout11689 ORD - 09/12/1973AN ORDINANCE CLOSING THE HEARING ON STREET IMPROVEMENTS FOR THE FOLLOWING STREETS; 1. ELIZABETH STREET, FROM 17TH STREET TO 18TH STREET; 2. 17TH STREET FROM ELIZABETH STREET TO THE SOUTH R.O.W. LINE OF LOT 25, BLOCK 1400, BAY TERRACE NUMBER 2; 3. PRESCOTT STREET, FROM 17Th STREET TO 18TH 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,, THE MANNER AI4D 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 15th DAY OF August 1 197 3, DETERMINED THE NECESSITY FOR, AND ORDERED THE IMPROVEMENT OF THE FOLLOWING STREETS: 1. Elizabeth Street, from 17th Street to 18th Street 2. 17th Street from Elizabeth Street to the-South R.O.W. line of Lot 259 Block 1400, Bey Terrace Number 2 3. Prescott Street, from 17th Street to 18th Street IN THE MANNER AND ACCORDING TO THE PLANS AND SPECIFICATIONS HERETOFORE APPROVED AND ADOPTED BY THE CITY COUNCIL BY ORDINANCE DATED August 15 , 1973, A DULY EXECUTED NOTICE OF SAID ORDINANCE HAVING BEEN FILED IN THE NAME OF THE SAID CITY WITH THE COUNTY CLERK OF NUECES COUNTY, TEXAS; AND 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 Asphalt Maintenance,Co.Inc. as authorized by Ordinance No. , dated , and the performance bond required by said contract has been properly furnished Asphalt Maintenance by said /Company, Inc. and accepted by the said City Council of said City as to form and amount as required by the Charter of said City and the laws of the State of Texas; and `SAG, the said City Council has caused the Director of Engineer- ing and Physical Development 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 & Physical Development has heretofore filed said estimates and a statement of other matters relating thereto with said City Council, and same has been renei.ved, examined and approved by said City Council; and WHEREAS, said City Council, by duly enacted ordinance dated August 15. 1973 , 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 August 15. 1973 , did order and set a hearing to be held at 4:00 PM , on the 5th day of September , 1973 in the Cc ncil Chambers of the City Hall, in the City of Corpus Christi, Texas, forithe 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 ins or otherwise interested in said property, or any of said matters as to the assessments and amounts -2- TO BE ASSESSED AGAINST EACH PARCEL OR ABUTTING PROPERTY AND THE REAL AND TRUE OWNER OR OWNERS THEREOF, AND AS TO THE SPECIAL BENEFITS TO ACCRUE TO SAID ABUTTING PROPERTY BY VIRTUE OF SAID IMPROVEMENTS, IF ANY, OR CONCERN- ING ANY ERROR, INVALIDITY, IRREGULARITY OR DEFICIENCY IN ANY PROCEEDINGS, OR CONTRACT, TO APPEAR AND BE HEARD IN PERSON OR BY COUNSEL AND OFFER EVIDENCE IN REFERENCE TO SAID MATTERS; AND THE CITY COUNCIL DID BY SAID ORDINANCE ORDER AND DIRECT THE CITY TO GIVE NOTICE OF SAID HEARING TO THE OWNERS ABUTTING UPON SAID STREET AS SHOWN BY THE CURRENT AD VALOREM TAX ROLL BY MAILING SUCH NOTICE TO SUCH OWNERS AND PUBLISHING SAID NOTICE AT LEAST THREE TIMES IN THE CORPUS CHRISTI TIMES BEFORE THE DATE OF THE HEARING, SUCH NOTICE OF MAIL AND BY PUBLICATION BEING IN COMPLIANCE WITH THE PROVI- SIONS OF ARTICLE 11058 OF VERNON'S ANNOTATED CIVIL STATUTES OF TEXAS; AND WHEREAS, SUCH NOTICE WAS GIVEN SAID OWNERS OF PROPERTY AS SHOWN ON THE CURRENT AD VALOREM TAX ROLL WITHIN THE LIMITS OF THE STREET BEING IMPROVED BY MAILING SUCH NOTICE AT LEAST FOURTEEN (14) DAYS PRIOR TO THE HEARING TO SUCH OWNERS AND BY PUBLISHING THREE TIMES NOTICE OF SUCH HEARING IN THE CORPUS CHRISTI TIMES, THE FIRST OF WHICH PUBLICATION WAS AT LEAST TWENTY -ONE (21) DAYS PRIOR TO THE DATE OF SAID HEARING; BOTH FORMS OF NOTICE BEING IN COMPLIANCE WITH AND CONTAINING THE INFORMATION REQUIRED BY ARTICLE 11059, 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 September 5, 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, AT WHICH TIME THE FOLLOWING APPEARED AND OFFERED THE FOLLOWING TESTIMONY: -3- • s Minutes Regular Council Meeting September 5, 1973 Page 9 that he had been given contradictory advice from the Planning Staff and felt they were being di iminated against because they were a minority group. He stated the request was for a_change of zoningtthey could erect a 4' x 8' sign to advertise their business at this address. He stated they had paid the ,$80 fee and the case had not been brought before the Planning Commission. After discussing the complaint with the Zoning Staff, City Manager Townsend explained signs that this was one of the applications ovolving / which had been postponed pending receipt of the Eisner Report. He instructed the Staff to- schedule it for a hearing before the Planning Com- minion as soon as possible. Mr. Barrera was advised that the case could be heard October 2. Mr. Clifford Cosgrove appeard relative to Item "01 -,of the City Manager's Reports, stating he owned 100 feet of -frontage on Horne Road and had not received notification of any street improvements.' City Manager Townsend explained that a contract had riot,been awarded qn the proper"ff which Mr. Cosgrove is owner. Motion by Stark, seconded by Acuff and passed, that the meeting be recessed until X4:00 p.m. Mayor Luby reconvened the meeting and announced the public hearing on assessments for construction of street improvements on Elizabeth Street, from 17th to 18th Street; 17th Street, from Elizabeth Street to the south right of way line of Lot 25, Block 1400, Bay Terrace No. 2; and Prescott Street, from 17th Street to 18th Street. City Manager Townsend explained the purpose cf the hearing and the procedure to be followed. It was noted that all members of the Council and required Charter Officers were present to conduct a valid meeting. Assistant City Attorney Bob Coffin explained the purpose of this hearing was to comply with the statutes regarding paving assessments; that testimony would be heard from the Director of Engineering and Physical Development, 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 and Physical Development, James K. Lantos, was interrogated as to his identity, occupation, time of residence in the City, formal qualifications and familiarity with the subject project. He presented plans for the proposed improvements, explained the nature, • Minutes Regular Council Meeting September 5, 1973 Page 10 C J extent and specifications and pointed out the locations on the map. He explained that on July 3, 1973, a public hearing was held on the improvements on 15th, 18th, Espinosa and Dolores Streets, at which time it was determined that improvements of streets in the area of T. G. Allen School could be worked into the contract and the change order was authorized in the amount of $73,640.00. He explained that the subject streets will be paved in the same manner as the original project of 17th and 18th Streets, and that notices had been sent to all property owners abutting these streets; that the total assessment is $28,555.65 with $45,084.35 being the estimated net City portion. 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 as a real estate broker, and familiarity with the subject project. He stated he had personally examined each parcel of land and that each and every parcel would be enhanced in value as a result of the proposed improvements at least to the amount of the assessment with the following exception: Item #32, Lloyd K. Morgan, Lot 12, Block 15, Bay Terrace No. 2 - this property fronts east upon 17th Street 27 feet; is triangular in shape with altitude of the triangle being 51 feet, the hypotenuse extends along the frontage road of Crosstown Expressway about 61 feet, and if various set -back regulations of the Zoning Ordinance were applied, there would be no space upon which improvements could be built. Consequently, there is no utility in the lot and scarcely no market value, and accordingly, no assessment should be levied against the property as there would be no enhancement in value as a result of the improvement. No one in the audience appeared to question Mr. Lantos or Mr. Carr, and no one appeared in opposition to the proposed improvements or the assessments. Motion by Acuff, seconded by Branch and passed, that the hearing be closed and tabled for one week pending recommendation relative to suggested adjustment to Parcel No. 32, There being no further business to come before the Council, the meeting was adjourned at 4:40 p.m., September 5, 1973. 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 PROTESTS OBJECTION OR OFFER TESTIMONY AND HAS FULLY EXAMINED AND CONSIDERED ALL EVIDENCE, MATTERS, OBJECTIONS AND PROTESTS OFFERED AND BASED UPON SAID EVIDENCE, TESTIMONY AND STATEMENTS SAID CITY COUNCIL FINDS THAT EACH AND EVERY PARCEL OF PROPERTY ABUTTING UPON THE PORTION OF THE STREETS AFORESAID WITHIN THE LIMITS TO BE IMPROVED AS HEREIN DEFINED WILL BE ENHANCED IN VALUE AND SPECIALLY BENEFITED BY THE CONSTRUC- TION OF SAID IMPROVEMENTS UPON THE SAID STREETS UPON WHICH SAID PROPERTY ABUTS IN AN AMOUNT IN EXCESS OF THE AMOUNT OF THE COST OF SAID IMPROVEMENTS PROPOSED TO BED 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 Dip 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, CORPORATIONS AND ESTATES, OWNING OR CLAIMING SAME OR ANY INTEREST THEREIN, BE AND THE SAME IS HEREBY CLOSED AND ALL PROTESTS AND OBJECTIONS, WHETHER SPECIFICALLY MENTIONED OR NOT, SHALL BE, AND THE SAME ARE HEREBY OVERRULED AND DENIED. SECTION 2. THAT SAID CITY COUNCIL HEREBY FINDS AND DETERMINES UPON THE EVIDENCE HEARD IN REFERENCE TO EACH AND EVERY PARCEL OR PROPERTY ABUTTING UPON THE AFORESAID STREETS, WITHIN THE LIMITS DEFINED, THAT THE SPECIAL BENEFITS IN THE ENHANCED VALUE TO ACCRUE TO SAID PROPERTY AND THE REAL AND TRUE OWNER OR OWNERS THEREOF, BY VIRTUE OF THE CONSTRUCTION OF SAID IMPROVEMENTS TO SAID PORTION OF SAID STREETS UPON WHICH SAID PROPERTY ABUTS, WILL BE IN EXCESS OF THE AMOUNT OF THE COST OF SAID IMPROVEMENTS AS PROPOSED TO BE, AND AS HEREIN ASSESSED AGAINST SAID ABUTTING PROPERTY AND THE REAL AND TRUE OWNERS THEREOF, AND FINDS THAT THE APPORTIONMENT OF THE COST OF SAID IMPROVEMENTS, AND THAT ALL ASSESSMENTS HEREINBELOW MADE ARE JUST AND EQUITABLE AND PRODUCE SUBSTANTIAL EQUALITY CONSIDERING THE BENEFITS RECEIVED AND THE BURDENS IMPOSED THEREBY, AND ARE IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, AND THE CHARTER PROVISIONS OF THE CITY OF CORPUS CHRISTI, TEXAS, AND THAT THE PROCEEDINGS AND CONTRACT HERETOFORE I 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 LAWS 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 io6 OF THE ACTS OF THE FIRST CALLED SESSION OF THE 40TH LEGISLATURE OF THE STATE OF TEXAS KNOWN AND SHOWN AS ARTICLE 11058 OF VERNON'S ANNOTATED CIVIL STATUTES OF TEXAS, AS AMENDED, THERE SHALL BED AND IS HEREBY LEVIED, ASSESSED AND TAXED AGAINST THE RESPECTIVE PARCELS OF PROPERTY ABUTTING UPON SAID PORTION OF SAID STREETS AND AGAINST THE REAL AND,TRUE OWNERS THEREOF WHETHER SUCH REAL AND TRUE OWNER OR OWNERS BE NAMED OR CORRECTLY NAMED HEREIN OR NOTE THE SEVERAL SUMS OF MONEY 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: 9 -6- i�oRR6erED � s.�3 • PRKMUNARY ASSESSMENT ROLL This project sball be an addition to the improvements to 15th, 18th, Espinosa and Dolores streets, and shall include the improvements to: 1. Elizabeth Street, from 17th Street to 18th Street; 2. 17th Street, from Elizabeth Street to the south R.O.W. line of lot 25 Blk. 1400, Bay Terrace No. 2; and, 3. Prescott Street, from 17th Street to 18th Street These streets are to be improved by excavation to a width and depth to permit the construction of 6" standard curb and gutter section, a compacted 6" subgrade, a compacted caliche base from 8" to 10" depth, depending upon 28' or 37' width of pavement. Standard 4' wide 4" thick sidewalks and standard 6" thick reinforced driveways where shown on the plans or requested by the owners. The assessment rates have been calculated by using the low bid price submitted by Asphalt Maintenance Co., Inc. and applying the rate to the front footage of the abutting property. The assessment rates are as follows: 28' wide street, curb, gutter and pavement ' 72 p.l.f. 37' wide street, curb, gutter and pavement 1.22 .39 p.l.f. Sidewalk tied. to curb. .63 p.s.f. Sidewalk 4' wide .60 p.s.f. Driveway p.s.f. The assessment rate for property committed to one or two family residential use or church or school as established by City Ordinance for curb, gutter and pave- ment is $4.75 or less according to the bid price. ESTIMATED CONTRACT PRICE $73,640.00 TOTAL ASSES.Srr= $28,343.49 ESTIMATED NET CITY PORTION 5 296.51 James K. Lontos, P.E. Director of Engineering & ical Dave went a By- Joe W. Pierce Paving Coordinator Page 1 ITEM NO. OWNER AND PROPERTY DESCRIPTION QUANTITY ASSESSED e ir DESCRIPTION OF ASSESSMENT RATE AMOUNT TOTAL AMOUNT ASSESSED Elizabeth Street lEth Street to 17th Street Begin3ing at 18tb Street South S de 1. John Sanchez 125.00 LF C.,G., & Pomt 2.36 295.00 1410 17th Street 460.00 SF Sidewalk 0.30 138.00 Corpus Christi, T% 170.88 SF Driveway (1-1)')1.22 208.47 Lot 33, Block 1502 Bay Terrace No. 2 641.47 2. Emilio Garza, et. ua. 125.00 LF C., G.,'& . 2.36 295.00 1501 17th Street 438.00 SF Sidewalk 0.30 131.40 Corpus Christi, T% 256.13.SF Driveway (1- 15.50) 1.22 312.48 Lot 32, Block 1502 Bay Terrace No. 2 738.88 1 tb Street ntersection End outh Side E izabeth Street Elizabeth Street 1 th Street t 17th Street eginning at 18th Street North ide Page 2 2T EM ED. OWNER AND PROPERTY DESCRIPTION QUANTITY ASSESSED DESCRIPTION OF ASSESSMENT RATE AM0UNT TOTAL AMOUNT ASSESSED 3. Corpus Christi Indepen- 250.00 LF C., G., Pvmt. 4.72 1,180.00 dent School District 1,000.00 SF Sidewalk 0.60 600.00 515 N. Carancahua 0.00 SF Driveway 1.22 -0- Corpus Christi, TX Allen Elementary School 1,780.00 7th Street intersection End North Side Elizabeth Street End Elizabeth Street 17th Street . I i Elizabett Street to rosstown Expressway Be inning at Elizabeth Street East Side 4. Bruno Gonzales 50.00 IF C., G., Pvmt. 4.75 237.50 1462 17th Street 200.00 SF Sidewalk 0.60 120.00 Corpus Christi, TX -0- Driveway 1.22 -0- Lots 63 & 64, Block 1401 Bay Terrace No. 2 357.50 5. Gregor Noriega, et. ux. 50.00 LF C., G., Pvmt 4.75 237.50 1458 17th Street 160.00 SF Sidewalk 0.60 96.00 Corpus Christi, TX 223.45 SF Driveway 1.22 272.61 Lots 61 & 62, Block 1401 Bay Terrace No. 2 606.11 + Side Street i Side Street •. Page 3 • ITEM ED. OWNER AND PROPERTY DESCRIPTION QUANTITY ASSESSED g i DESCRIPTION OF ASSESSMENT RATE AMOUNT TOTAL AMOUNT ASSESSED 6. Estella R. Perez & Elma 50.00 IF C., G., Pvmt. 4.75 237.50 Flores 160.00 SF Sidewalk 0.60 96.00 1454 17th Street 223.45 SF Driveway 1.22 272.61 Corpus Christi, TR Lots 59 & 60, Block 1401 Bay Terrace No. 2 606.11 7. W. L. Moses, Jr. 50.00 IF C., G., Pvmt. 4.75 237.50 3926 Panama, Apt. 110 160.00 SF Sidewalk 0.60 96.00 Corpus Christi, T% 223.45 SF Driveway 1.22 272.61 Lots 57 & 58, Block 1401 Bay Terrace No. 2 606.11 8. Santos Briones 50.00 IF C., G., Pvmt. 4.75 237.50 1446 17th Street 160.00 SF Sidewalk 0.60 96.00 Corpus Christi, T% 224.45 SF Driveway 1.22 272.61 Lots 55 & 56, Block 1401 Bay Terrace No. 2 606.11 9. A. Leal 50.00 IF C., G., Pvmt. 4.75 237.50 1442 17th Street 160.00 SF Sidewalk 0.60 96.00 Corpus Christi, T% 223.45 SF Driveway 1.22 272.61 Lots 53 & 54, Block 1401 Bay Terrace No. 2 606.11 10. H. R. Fouts 50.00 IF C., G., Pvmt. 4.75 237.50 1438 17th Street 160.00 SF Sidewalk 0.60 96.00 Corpus Christi, T3 223.45 SF Driveway 1.22 272.61 Lots 51 & 52, Block 1401 Bay Terrace No. 2 606.11 11. M. L. Roberts 50.00 IF C., G., Pvmt. 4.75 237.50 1434 17th Street 200.00 SF Sidewalk 0.60 120.00 Corpus Christi, TA 0.00 SF Driveway 1.22 0.00 Lots 49 & 50, Block 1401 Bay Terrace No. 2 357.50 12. W. S. Martin 50.00 IF C., G., Pvmt. 4.75 237.50 1605 Sprucewood 160.00 SF Sidewalk 0.60 96.00 Corpus Christi, TX 223.45 SF Driveway 1.22 272.61 Lots 47 & 48, Block 1401 Bay Terrace No. 2 606.11 13. Antonio Avalos 50.00 IF C., G., Pvmt. 4.75 237.50 1428 17th Street 160.00 SF Sidewalk 0.60. 96.00 rg ChriS,idlTX 223.45 SF Driveway 1.22 272.61 Lot 1401 Rev • ITEM No, 14. 15. 16. 17. 18. 19. OWNER AND PROPERTY DESCRIPTION Ira A. Connell 9570 S. W. 80th Street Portland, Oregon Lots 43 & 44, Block 1401 Bay Terrace No. 2 Anastacio Garza, Jr. 1418 17th Street Corpus Christi, TX Lots 41 & 42, Block 1401 Bay Terrace No. 2 Joe Cisneros 1412 17th Street Corpus Christi, TX Lots 39 & 40, Block 1401 Bay Terrace No. 2 Juan C. Sanchez 1410 17th Street Corpus Christi, TX Lots 37 & 38, Block 1401 Bay Terrace No. 2 Ida D. Magnenat 1406 17th Street Corpus Christi, TX Lots 35 & 36, Block 1401 Bay Terrace No. 2 Alfonso Cadena 1402 17th Street Corpus Christi, TX Lots 33 & 34, Block 1401 Bay Terrace No. 2 Prescott Street 20. Ernest E. Range 50.00 LF 3661 Austin Street 200.00 SF Corpus Christi, TX -0- Lots 63 &.64, Block 1400 Bay Terrace No. 2 itersection ., G., Pvmt. {idewalk Irveway RATE 4.75 0.60 1.22 4.75 0.60 1.22 4.75 0.60 1.22 4.75 0.60 1.22 4.75 0.60 1.22 4.75 0.60 1.22 4.72 0.60 1.22 • Page fit___ AMOUNT 237.50 96.00 272.61 237.50 96.00 272.61 237.50 96.00 272.61 237.50 96.00 272.61 237.50 96.00 272.61 237.50 120.00 -0- 236.00 120.00 -0- I QUANTITY DESCRIPTION ASSESSED OF ASSESSMENT 50.00 LF C., G., Pvmt 160.00 SF Sidewalk 224.45 SF Driveway 50.00 IF C., G., Pvmt, 160.00 SF Sidewalk 223.45 SF Driveway 50.00 LF C., G., Pvmt. 160.00 SF Sidewalk 223.45 SF Driveway' 50.00 IF C., G., Pvmt. 160.00 SF Sidewalk 223.45 SF Driveway 50.00 IF C., G., Pvmt. 160.00 SF Sidewalk 223.45 SF Driveway 50.00 IF C., G., Pvmt. 200.00 SF Sidewalk -0- '` Driveway Prescott Street 20. Ernest E. Range 50.00 LF 3661 Austin Street 200.00 SF Corpus Christi, TX -0- Lots 63 &.64, Block 1400 Bay Terrace No. 2 itersection ., G., Pvmt. {idewalk Irveway RATE 4.75 0.60 1.22 4.75 0.60 1.22 4.75 0.60 1.22 4.75 0.60 1.22 4.75 0.60 1.22 4.75 0.60 1.22 4.72 0.60 1.22 • Page fit___ AMOUNT 237.50 96.00 272.61 237.50 96.00 272.61 237.50 96.00 272.61 237.50 96.00 272.61 237.50 96.00 272.61 237.50 120.00 -0- 236.00 120.00 -0- Page 4r_ ITEM NO. ONNER AND _PROPERTY DESCRIPTION QUANTITY ASSESSED DESCRIPTION OF ASSESSMENT RATE AMOUNT TOTAL AMOUNT ASSESSED 21. Jose Yanez 50.00 LF C., G., Pvmt. 4.72 236.00 1338 17th Street 160.00 SF Sidewalk 0.60 96.00 Corpus Christi, TX 223.45 SF Driveway 1.22 272.61 Lots 61 & 62, Block 1400 Bay Terrace No. 2 604.61 22. Adan F. Rangel 50.00 IF C., G., Pvmt. 4.72 236.00 1336 17th Street *128.00 SF Sidewalk 0.60 76.80 Corpus Christi, TX 223.45 SF Driveway 1.22 272.61 Lots 59 & 60, Block 1400 Bay Terrace No. 2 585.41 23. Jesse H. Outlaw 50.00 SF C., G., Pvmt. 4.72 236.00 1332 17th Street *20.00 SF Sidewalk 0.60 12.00 Corpus Christi, TX 223.45 SF Driveway 1.22 272.61 Lots 57 & 58, Block 1400 Bay Terrace No. 2 520.61 24. A. L. Grigar 50.00 LF C., G., Pvmt. 4.72 236.00 1328 17th Street 160.00 SF Sidewalk 0.60 96.00 Corpus Christi, TX 223.45 SF Driveway .1.22 272.61 Lots 55 & 56, Block 1400 - Bay Terrace No. 2 604.61 25. Jose A. Cepeda 50.00 IF C., G., Pvmt. 4.72 236.00 1324 17th Street 160.00 SF Sidewalk 0.60 96.00 Corpus Christi, TX 223.45 SF Driveway 1.22 272.61 Lots 53 & 54, Block 1400 Bay Terrace No. 2 604.61 *Cr Sidewalk in place South R.O. . Line Lot 52 lock WO Bay Terrace No. 2 End East Side 17th St. 17th 5 reet Elizabeth St. to Crosst ExpresEway Beginning it Elizabeth St West Side 26. Corpus Christi 800.00 LF C., G., Pvmt. 4.75 3,800.00 Independent School 2465.00 SF Sidewalk 0.60 1,479.00 District 1088.20 SF Driveway 1.22 1,327.60 515 N. Caranchua Street Corpus Christi, T!{ Allen Elementary School 6,606.60 • CJ Page 7 ITEM M. ' O12M AND PROPERTY DESCRIPTION - QUANTITY ASSESSED 9 DESCRIPTION OF ASSESSMENT RATE I AMOUNT TOTAL AMOUNT ASSESSED 27. Tom & Kathrun Brown 75.00 LF C., G., Pvmt. 4.72 354.00 1347 17th Street 300.00 SF Sidewalk 0.60 180.00 Corpus Christi, TX -0- Driveway 1.22 -0- Lots 1, 2, & 3, Block 15CD Bay Terrace No. 2 534.00 28. J. A. Bigham 50.00 LF C., G., Pvmt. 4.72 236.00 1343 17th Street 160.00 SF Sidewalk 0.60 96.00 Corpus Christi, TX 223.45 SF Driveway 1.22 272.61 Lots 4 & 5, Block 1500 Bay Terrace No. 2 604.61 29. Reynaldo H. Daniel 50.00 LF C., G., Pvmt. 4.72 236.00 1339 17th Street 160.00 SF Sidewalk 0.60 96.00 Corpus Christi, TX 223.45 SF Driveway 1.22 272.61 Lots 6 & 7, Block 1500 Bay Terrace No. 2 604.61 30. J. A. Garza 50.00 LF C., G., Pvmt. 4.72 236.00 1335 17th Street 160.00 SF Sidewalk 0.60 96.00 Houston TX 77002 223.45 SF Driveway -1.22 272.61 Lots 8 & 9, Block 1500 Bay Terrace No. 2 604.61 31. Jose A. Rodriguez 50.00 LF C., G., Pvmt. 4.72 236.00 1331 17th Street 160.00 SF Sidewalk 0.60 96.00 Corpus Christi, TX 223.45 SF Driveway 1.22 272.61 Lots 10 & 11, Block 1500 Bay Terrace No. 2 604.61 32. Lloyd K. Morgan 27.00 LF C., G., Pvmt 4.72 127.44 4410 Lockhart Hwy. 141.20 SF Sidewalk 0.60 84.72 Austin TX 78744 -0- Driveway 1.22 -0- Lot 12, Block 1500 Bay Terrace No. 2 -0- Omit by Council Action September 5, 1973 Crosstown pressway End Test Sid of 17 th Street Ene 17th Street Prescott Street 17th Street to 16th Street Beginning at 17th Street North Slie 33. Tom & Kathryn Brown 125.00 LF C., C., Pvmt 2.36 295.00 1347 17th Street 420.00 SF Sidewalk 0.30 126.00 Corpus Christi, TX 328.45 SF Driveway 1.22 400.71 Lot 1, Block 1500 Bay Te rrace No. 2 Q?1 71 i • Page R ITEM NO. OWNER AND PROPERTY DESCRIPTION QUANTITY ASSESSED 9 DESCRIPTION OF ASSESSMENT RATE AMOUNT TOTAL AMOUNT ASSESSED 34. Arnulfo F. Rodriguez 125.00 LF C., G., Pvmt. 2.36 295.00 1354 18th Street 460.00 SF Sidewalk 0.30 138.00 Corpus Christi, T% 173.45 SF Driveway 1.22 211.61 Lot 64, Block 1500 644.61 18th Stree Intersection E d North Sift of Prescott S reet Prescott S eet 17th Stree to 18th Stree Beginning t 17th Street Soutt Side 35. Corpus Christi Indepen- 250.00 IF C., G., Pvmt. 4.72 1,180.00 dent School District 1250.00 SF Sidewalk 0.60 750.00 515 N. Carancahua Street -0- Driveway 1.22 -0- Corpus Christi, TX Allen Elementary School 1,930.00 18th Stree Intersection nd South Si a of Prescott treet GRAND TOTAL 28,343.49 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 lees than the number of feet herein — above stated, the assessments herein set against any such property and against the real and true owner or owners thereof, shall be, and the same are hereby declared to be increased or decreased as the case may be, in the proportion which said excess or deficiency or frontage shall bear to the whole number of front feet of property actually improved in accordance with the front foot rule or rate of assessment herein adopted, it being the intention that such parcel of property and the real and true owner or owners thereof abutting on the portion of the streets above described, within the limits defined, shall pay for said improvements under the "FRONT FOOT RULE OR PLAN ", which rule or plan is hereby found and determined to be just and equitable and to produce a substantial equality, having in view the special benefits to be received and the burdens imposed thereby; and it is further ordained that upon final completion and acceptance of said improvements on the aforesaid streets, within the limits defined all certificates herein- after provided for, issued to evidence said assessments against said parcels of property abutting upon said street, and the real and true owner or owners, thereof, shall be issued in accordance with, and shall evidence the actual frontage of said property and the actual cost of said improvements, the amount named in said certificate in no case to exceed the amount herein assessed against such property unless such increase be caused by an excess of front footage over the amount hereinabove stated, such actual cost and such actual number of front feet, if different from the hereinabove shown in Section 3 hereof, to be determined by the Director of Engineering & Physical Development upon completion of said work on said street, and the findings of the Director of Engineering & Physical Development shell be final and binding upon all parties concerned. SECTION 5. That the several sums mentioned above in Section 3 hereof assessed against said parcels of property abutting on the aforesaid streets, within the limits defined, and the real and true owners thereof, whether named or correctly named herein or not, subject to the provisions of Section 4 thereof, together with interest thereon at the rate of -7 -- five and one - quarter (5 1 /4%) per annum with reasonable attorney's fee and all costs and expenses of collection, if incurred, are hereby declared to be made &.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: Aumust 15. 1973 and a personal liability and charge against the real and true owner or owners be named or correctly named herein, and that said lien shall be and constitute the first and prior enforceable claim against the property assessed and shall be a first and paramount lien superior to all other liens, claims or title, except for lmvf 1. -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 30 days after completion or acceptance by the City; or 2. Payments to be made in mesimum of 60 equal installments, the first of which shall be paid within 30 days after the completion of said improvement, and the acceptance thereof by the City, and the balance to be paid in 59 equal consecutive monthly installments commencing on the 1st day of the next succeeding month and continu- ing thereafter on the 1st day of each succeeding month until the entire sum is paid in full, together with interest from the date of said completion and acceptance by the City, until paid, at the rate of five and one- fourth percent (5 1 /4%) per annum; provided, how- ever, 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. -8- n 3. The total number of monthly installments on owner occupied property may be extended beyond sixty (60) in number so that, at the owner's request, the total monthly payments will not exceed ten ($10.00) per month. 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, assignable certifi- cates shall be issued by the City of Corpus Christi, Texas to itself upon the completion of said improvements in said streets and acceptance thereof by said City Council, which certificates shall be executed by the Mayor in the name of the City, attested by the City Secretary, with the corporate seal of said City, and which certificates shall declare the amounts of said assessments and the times and terms thereof, the rate of interest thereon, the date of the completion and acceptance of the improvements for which the certificate is issued, and shall contain the names of the apparent true owner or owners as accurately as possible, and the description of the property assessed by lot and block number, or front foot thereof, or such other description as may otherwise identify the same, and if the said pro- perty shall be owned by an estate or firm, then to so state the fact shall be sufficient and no error or mistake in describing such property or in giving the name of any owner or owners, or otherwise, shall in anywise invalidate or impair the assessment levied hereby or the certificate issued in evidence thereof. That said certificate shell further provide substantially that if default shall be made in the payment of any installment of principal or interest when due, then at the option of the City, its successors, or assigns, or the holder thereof, the whole of said assessment evidenced thereby shall at once become due and payable, and shall be collectible with reasonable attorney's fees and all expenses and costs of collection, if incurred, and said certificate shell set forth and evidence the personal liability of the -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: August 15, 19T3 , AND SHALL PROVIDE IN EFFECT THAT IF DEFAULT SHALL BE MADE IN THE PAYMENT THEREOF, THE SAME MAY BE ENFORCED, AT THE OPTION OF THE CITY, OR THEIR SUCCESSORS AND ASSIGNS, BY THE SALE OF THE PROPERTY THEREIN DESCRIBED IN THE MANNER PROVIDED FOR THE COLLECTION OF AD VALOREM TAXES AS ABOVE RECITED, • OR BY SUIT IN ANY COURT HAVING JURISDICTION. THAT SAID CERTIFICATES SHALL FURTHER RECITE IN EFFECT THAT ALL THE PROCEEDINGS WITH REFERENCE TO MAKING SAID IMPROVEMENTS HAVE BEEN REGULARLY HAD IN COMPLIANCE WITH THE LAW AND CHARTER IN FORCE IN SAID CITY AND THE PROCEEDINGS OF SAID CITY COUNCIL OF SAID CITY, AND THAT ALL PREREQUISITES TO THE FIXING OF THE ASSESSMENT LIEN AGAINST THE PROPERTY THEREIN DESCRIBED, OR ATTEMPTED TO BE DESCRIBED, AND THE PERSONAL LIABILITY OF THE REAL AND TRUE OWNER OR OWNERS THEREOF, EVIDENCED BY SUCH CERTIFICATES, HAVE BEEN REGULARLY DONE AND PERFORMED, WHICH RECITALS SHALL BE, EVIDENCE OF ALL THE MATTERS AND FACTS SO RECITED AND NO FURTHER PROOF THEREOF SHALL BE REQUIRED IN ANY COURT. THAT SAID CERTIFICATES SHALL FURTHER PROVIDE IN EFFECT THAT THE CITY OF CORPUS CHRISTI, TEXAS, SHALL EXERCISE ALL OF ITS LAWFUL POWERS, IN THE ENFORCEMENT AND COLLECTION THEREOF, AND SAID CERTIFICATES MAY CONTAIN OTHER AND FURTHER RECITALS, PERTINENT AND APPROPRIATE THERETO. IT SHALL NOT BE NECESSARY THAT SAID CERTIFICATES SHALL BE IN THE EXACT FORM AS ABOVE SET FORTH, BUT THE SUBSTANCE AND EFFECT THEREOF SHALL SUFFICE. % SECTION 7. THAT ALL SUCH ASSESSMENTS LEVIED ARE A PERSONAL LIABILITY AND CHARGE AGAINST THE REAL AND TRUE OWNER OR OWNERS OF THE PRO- PERTY DESCRIBED, OR ATTEMPTED TO BE DESCRIBED, NOTWITHSTANDING SUCH OWNER OR OWNERS MAY NOT BE NAMED OR CORRECTLY NAMED, AND ANY IRREGULARITY IN THE NAME OF THE PROPERTY OWNER, OR THE DESCRIPTION OF ANY PROPERTY OR THE AMOUNT OF ANY ASSESSMENT, OR IN ANY OTHER MATTER OR THING SHALL NOT IN ANYWISE INVALIDATE OR IMPAIR ANY ASSESSMENT LEVIED HEREBY OR AAY CERTIFICATE ISSUED, AND SUCH MfSTAKE, OR ERROR, INVALIDITY OR IRREGULARITY WHETHER IN SUCH —10— ASSESSMENT OR IN THE CERTIFICATE ISSUED IN EVIDENCE THEREOF MAY BED BUT IS NOT REQUIRED TO BED TO BE ENFORCEABLE AT ANY TIME CORRECTED BY THE SAID CITY COUNCIL OF THE CITY OF CORPUS CHRISTI. FURTHER THAT THE OMISSION OF SAID IMPROVEMENTS IN FRONT OF ANY PART OR PARCEL OF PROPERTY ABUTTING UPON THE AFOREMENTIONED STREETS, WHICH IS EXEMPT FROM THE LIEN OF SAID ASSESS- MENT, SHALL IN NO WISE AFFECT OR IMPAIR THE VALIDITY OF ASSESSMENTS AGAINST THE OTHER PARCELS OF PROPERTY ABUTTING UPON SAID STREET; AND THAT THE TOTAL AMOUNTS ASSESSED AGAINST THE RESPECTIVE PARCELS OF PROPERTY ABUTTING UPON SAID STREETS WITHIN THE LIMITS HEREIN ,DEFINED AND THE REAL AND TRUE OWNER OR OWNERS THEREOF, ARE THE SAME AS, OR LESS THANE 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 THEREOFS AND WITH THE TERMS POWERS AND PROVISIONS OF SAID CHAPTER 106 OF THE ACTS OF THE FIRST - CALLED SESSION OF THE MOTH 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 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 THE MAYOR HAVING DECLARED THAT SUCH EMERGENCY AND NECESSITY EXISTS AND HAVING REQUESTED THAT SAID CHARTER RULE BE SUSPENDED AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE IT IS ACCORDINGLY SO ORDAINED, THIS THE lath DAY OF Semt m@ ber_ 1971 - ATTEST• CITY SECRETARY MAYOR THE CITY OF CORPUS CHRISTI, TEXAS • Corpus Christi, Texas • d.xt day of , 19--Z,3 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 THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales tj Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark The above ordinance was passed by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez9P Gabe Lozano, Sr. J. Howard Stark