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Home My WebLink About02056 ORD - 04/08/1947AN ORDINANCE APPROVING AND ADOPTING THE DIRECTOR OF PUBLIC WORKS' WRITTEN STATEMENT AND REPORT OF THE ESTIMATES OF THE VARIOUS COSTS FOR THE IMPROVE- MENT OF FURMAN STREET, BROADWAY COURT, TWIGG STREET, PALO ALTO STREET, DAN REID STREET AND MANN STREET, 'WITHIN THE LIMITS HEREIN DEFINED, AND THE STATEMENTS OF THE NAMES OF THE APPARENT OWNERS, DESCRIPTIONS AND NUMBER OF FRONT FEET OF ABUTTING PROPERTY ON SAID STREETS WITHIN SAID LIMITS: DETERMINING AND FIXING THE PORTION OF SAID COSTS, AND THE RATE THEREOF, TO BE PAID BY AND ASSESSED AGAINST SAID ABUTTING PROPERTY, AND THE REAL AND TRUE OWNERS THEREOF, AND THE PORTION THEREOF TO BE PAID BY THE CITY OF CORPUS CHRISTI: AND DETERMINING THE NECESSITY OF LEVYING AN ASSESSMENT AGAINST SAID ABUTTING PROPERTY, AND THE REAL AND TRUE OWNERS THEREOF FOR THE PART OF SAID COST APPORTIONED TO THEM; ORDERING 4ND SETTING A HEARING AT 4:00 O'CLOCK P. M. ON kj ;VK DAY OF APRIL, 1947, IN THE CITY COUNCIL CHAMBER OF THE CITY HALL OF CORPUS CHRISTI, TEXAS, AS THE TIME AND PLACE FOR A HEARING OF THE REAL AND TRUE OWNERS OF SAID ABUTTING PROPERTY, AND ALL OTHERS INTERESTED IN SAID PROPERTY OR IN SAID PROCEEDINGS CONCERNING SAID ASSESSMENTS AND PROCEEDINGS, DIRECTING THE CITY SECRETARY OF THE CITY OF CORPUS CHRISTI TO GIVE NOTICE OF SAID HEARING AS REQUIRED BY THE LAWS OF THE STATE OF TEXAS AND THE CHARTER OF THE CITY OF CORPUS CHRISTI; AND FURTHER DIRECTING SAID CITY SECRETARY, IN ADDITION TO THE CONTENTS OF THIS NOTICE OF SAID HEARING AS REQUIRED BY LAW, WHICH SHALL BE VALID AND SUFFICIENT IN ITSELF, TO INCLUDE THEREIN A LIST OF THE APPARENT OWNERS AND DESCRIPTIONS OF SAID ABUTTING PROPERTY AS SET OUT IN SAID REPORT OF THE DIRECTOR OF PUBLIC WORKS AND PROVIDING THAT SAID LIST OF APPARENT OWNERS SHALL NOT BE CONCLUSIVE OF SAID OWNERSHIP AND SHALL NOT LIMIT SAID NOTICE TO SUCH OWNERS NAMED OR THE PRO- PERTIES DESCRIBED, AND THAT SAID NOTICE SHALL NEVERTHELESS BE DIRECTED TO THE REAL AND TRUE OWNERS OF SAID ABUTTING PROPERTY, WHETHER NAMED OR CORRECTLY NAMED OR NOT; AND DECLARING AN EMERGENCY. WHEREAS, the City Council of the City of Corpus Christi, Texas, heretofore on January 7, 1947, by duly enacted ordinance, No. 2016, an amended by Ordinance No. 2022, enacted on January 14, 1947, determined the necessity for, and ordered the improvement of Furman Street, Broadway Court, Twigg Street, Palo Alto Street, Dan Reid Street and Mann Street, within the limits hereinbelow defined, said portions of said streets to be improved being as follows, to- wit-F' STREET, BROADWAY COURT, TWIGG STREET, PALU ALTO STREET, DAN REID STREET AND MANN STREET, being that portion of said streets extending from the east property line of Water Street to the west property line of Shoreline Boulevard a duly executed notice of said ordinance having thereafter been filed in the name of said City with the County Clerk of Nueces County, Texas; and WHEREAS, on the 5th day of February, 1947, and pursuant to Ordinance No. 2016 of January 7, 1947, as amended by Ordinance No. 2022 on January 14, 1947, 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 appropria- tion of funds available for said purpose to cover the estimated cost to said City of said improvements, all as provided by the Corpus Christi City Charter and the laws of the State of Texas, the City Council did award a contract for the construction of said improvements to Brown & Root, Inc., on its lowest and most advantageous bid, and said contract has been heretofore duly executed by said City of Corpus Christi, Texas, and Brown & Root. Inc., and is dated February 5, 1917, and the performance bond required by said contract has been properly furnished and posted by said Brown & Root, Inc., and accepted by 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 IM&RFAS, the said City Council has caused the Director of Public Works to prepare and file estimates of the costs of such improve- ments and estimates of the amounts per front foot proposed to be assessed against the property abutting upon said streets, within the limits hereinabove defined, to be improved, and the real and true owners thereof, and said Director of Public Works has heretofore filed said estimates and a statement of other matters relating thereto with said City Council, the same having been received and examined by the said City Council; and WHERFAS, in accordance with said statement of estimates and other matters prepared and filed by said Director of Public Works herein approved by said City. Council, the said estimates of the costs of said improvements on each of said streets above defined, and of the amounts -2- per front foot proposed to be assessed against the property abutting upon each of said streets, and the real and true owners thereof, and of the amounts proposed to be paid by said City, are as herei.nbelow set out in Section 2 hereof; and MOW, according to said written statement of said Director of Public Works the names of the apparent owners of said abutting property and the number of front feet owned by each, the description of their property, the amount proposed to be assessed against each abutting property and the real and true owners thereof on each of said streets, and other matters contained in said statement are as follows, to-wit: -3- March 29, 1947 TO: THE MAYOR AND CITY COUNCIL FROM: H. H. ALLEN, DIRECTOR OF PUBLIC G10R.KS Herewith is submitted ownership rolls, showing the names of the apparent owners of abutting property on Furman Avenue, Broadway Court, Twigg, Mann, Palo Alto and Dan Reid Streets, from the east property line of 'dater Street to the west property line of West Shoreline Boulevard, <,howinlr° thi- numb:r of front feet owned b,r each, the of their property, ar,1 the amount prcpose:3 to be assessed against eac!: ebut *ing property and the real and true owners thereof, also hereafter, are set out the various estimates of costs ar.:1 amounts of assessments. 1. The total estimated costs of the whole improvements on each of said streets within the limits above defined, is as follows: FUXT2ll\T STREET = - - - - - - !'2825.34 BROADWAY COURT - - - - - - 2905.39 TWIGG STREET - - - - - - 5499.19 PALO r TO STRFFT - - - - - 4843.76 DAW RF.ID STREET - - - - - - 1811.66 MA1,11, STRIa;T - - - - - - - - X/,,'.76 2. The estimated amount per front foot proposed to be assessed against each abetting property and the real and true owner or owner,: thereof for curbs cr., r c cL: of srid streets, 0_5C, per liner]. foot. Tlc( estimated amount o° file cost per front fcot proposed to be 3. a5sesseJ against eac a?;uttinL nrcper'ty rmcl th.e rr.al arc% true. thereof for the construction of said improvements, exclusive of curbs, on each of said streets, ar: follows: FU:'2"I:---- - - - - -- - ,4.3685 3RcilrlvAY COURT - - - - - - 4. ^c,85 TJI^CSTRsET - - - - - - - £.y7 ; ALC 11TO STREET - - - - - - '�. 7 DAY, REIN STREET - - - - - ;' IN STREET- - - - - - - - -,.6597 4. The total estimated amount per front foot proposed to be assessed against e:.,ch abutting property the real true owners thereof for said I mprovements on each o° vaid strec *_.s is as follows: PUkC`Al - - - - - - - - :,.8685 3P.0,071_k'. COURT - - - - - - v.26n5 _ .rl.,c- , TFCTET - - - - - - .1597 7 'r'1.G :;L TO Sr R.3ET - - - - - s.l`97 DAB iiii?-) STi,.aET _ - - - - 4.. r t'Td STREET- - - - - - - - ;.1597. 5. The tots'_ estimated amount of the ccst.s of said improvements to be assasseJ against t]'ie abutting property an_i the real. an) true owner.,- thereof on ac': of said streets is, as follows: m!t.0 ?°.AN STREET - - - - - - - 5 ? ...x.32 T, =T ET - - - - - - - ',095.84 -EEO r:LTO ,.TR1'G T 3T'iEET - - - - - - - - 3ne, r s r Tice tote estimatcl. avolint of the cosi-,,, of improvements, propoFe-II to I,-, 7U.3 by t'he cit7 Df cor�Dus or eacl' of strceti, as follow. STR7,ET - - - - - - - W!' 87,r.�' BHCr'-TU-f COURT- - - - "CC'. C-1 1', 1 -,,.I JC_ STREET P;-,T,O pr TO STIVM - - 1747.9-' 7, R ,T - - - - - - - -1747. °3 D'r,ctor of Public Works Prellm' nary PAVING ASSESSMENT n=man Avenue from Hater Street to Nest shoreline BouJ.evard Pavement 4f" Asph. Cone. Base 1�" Asph. Cone. Surf. Contract Date February 5, 1947 Curb cost per lineal foot .50 Sidewalk cost per sq. foot clone — Brown w Ftnnt, Tnr Contractor l,.O t - 00" Ft.. Roadway 4,3685 Paving rate per front foot None rate per front foot Property Owner Name of Addition Block Number Lot Number Property Frontage Paving Cost Sidewalk Lin. Ft, Sidewalk Cost Curb Lin. t. Curb $ Cost Total Amount S. Gugenheim Estate Furman Addition 3 7 200,3 875.01 200,3 100.15 975.16 H. D. Carpenter Furman Addition 3 6 200.3 875.01 200.3 100.15 975.16 Total Contract Price 2824.34 Cost to Property Owners 1950.3'2 Cost to City of Corpus Christi 875.02 Public Works Dept., Corpus Christi, Texas Engineering Division Compiled ELK 3 -28 -47 Checked PrP1 imiinary PAVING ASSESSMENT Broadway Court from Water Street to west Shoreline Boulevard Pavement 4 *" Asph. Cone. Base 1-k" Asph, Cone. Surf. Brown & Root, Inc. Contractor Contract Date February 5, 1947 40' — 00" Ft.. Roadway Curb cost per lineal foot .50 4.3685 Paving rate per front foot Sidewalk cost per sq. foot None None Sidewalk rate per front foot Property Owner Name of Addition Block Number Lot Number Property Frontage Paving Cost Sidewalk Lin. Ft. Sidewalk Cost Curb Fir Lin. t. Curb & Cost Total Amount First Baptist Church Shatzel Tract 205.6 898.16 205.65 102.83 1000.99 Pittsburg Pipe and Supply Company Shatzel Tract 206.3 901.22 206.3 103.15 1004.37 Total Contract Price 2905.39 Cost to Property Owners 2005.36 Coat to City of Corpus Christi 900.03 Public Works Dept., Corpus Christi, Texas Engineering Division Compiled E.L.K. 3-2814thecked Preliminary PAVING ASSESSMENT Street f..— Water to West Shoreline Pavement J411 dsph Cone, Base JJ to Agpb Qonc Surf, Brown & Root. Inc. Contractor Contract Date February 5, 1947 4.0I or more Ft.. Roadway Curb cost per lineal foot 50 4.6597 Paving rate per front foot Sidewalk cost per sq. foot None None Sidewalk rate per front foot Property Owner Name of Addition Block Number. Lot Number Property Frontage Paving Cost Sidewalk Lin. Ft. Sidewalk Cost C,,6&4LU Lin. Ft. Curb & VM Cost Total Amount George Plomarity Water Beach 9 1 150.00 698,96 150,00 75.00 773.96 V. M. Donigan Water Beach 9 12 150.00 698.96 150.00 75.00 773.96 Mary Allen Sparks & S. P. Chandler Water Beach 8 6 150.00 698.96 150.00 75.00 773.96 Conroe Drilling Co. Water Beach 8 7 150.00 698.96 150.00 75.00 773.96 Total Contract Price 5499.19 Cost to Prop. Owners 3095.84 Cost to City of Corpus Christi 2403.35 rUU a r.orxs uept., %,orpus v nrlsn., Texas Engineering Division Compiled ELK 3 -28-47 Checked Preliminary PAVING ASSESSMENT Pavement 4-P Hsph. Cone. base 11" Asph. cone. S-.irf. Contract Date February 5, 1947 Curb cost per lineal foot_ .50 Sidewalk cost per sq. foot None Water to West Shoreline Boulevard Brown & :toot, Qno. Contractor E• Roadway 4.6597 _ - Paving rate per front foot None Sidewalk rate per front foot Property Owner Name of Addition Block Number Lot Number Property Frontage Paving Cost Sidewalk Lin. Ft. Sidewalk Cost Cvrb&]e$r Lin. Ft. Curb & Cost Total Amount Walter Foster Beach Portion 54 1 & 12 300.00 1397.91 300.00 150.00 1547.91 Mrs Lydia Lass Water Beach 13 6 150.00 698.96 150.00 75.00 773.96 Otis E. I4arler Water Beach 13 7 150.00 698.96 50.00 75.00 773.96 Total Contract Price 4843.76 Cost to Prop. Owners 3095.83 Cost to City of Corpus Christi 1747.93 Public w..w Th..« r,._....... ..ep ., v0 us ..aaaa 1Caa`3 - Engineering Division Compiled ELK 3-28-47 Checked PALILIMINAU PAVING ASSESSMENT QLN w ETD _from 4ATER W, PTVD Pavement 01 Asih Cone, }lase 1-` -" Asph Cone, Surf P,rown & Roots Tnc Contractor Contract Date 2 -5-47 40' - 00" Ft.. Roadway Curb cost per lineal foot .50 G _ 0685 Paving rate per front foot Sidewalk cost per sq. foot None None Sidewalk rate per front foot Property Owner Name of Addition Block Number Lot Number Property Frontage Paving Cost Sidewalk Lin. Ft. Sidewalk Cost Cur69.c"" Lin_ Ft. Curb & Cost Total Amount V. M. Joniga3 Beach 105 12 150.00 610.28 610.28 J. R. Boyd Estate Beach 105 vJ of 1 75,00 305.14 305.14 R. M. Prather Beach 105 u� of 1 75.00 305.14 305.14 Magnolia Petroleum Beach 94 7 150.00 610.28 150.00 75.00 685.25 w'. D. Sasser Beach 94 6 150.00 61".28 150.00. i 75.00 685.28 TOTAL COr!TRACT Px1cF 3811.68 COST TO PROP. OZEnS 2591.12 COST TO CITY OF CCRPU3 0 .ISTI 1220.56 ✓cyr., V.. uau, texas Engineering Division CompiledELK 3- 211-47 Checked Preliminary __PAVING ASSESSMENT Mann Street from Water to West Shor-el • e Biz r4 Pavement 42 t Asph Conc a Dade 2±11 Aaph' anne _ 3urj . Brown & Root I Inc, Contractor Contract Date 2 -5-47 40 ! .- 00t+ Ft.. Roadway Curb cost per lineal foot .50 _ 4.6597 Paving rate per front foot Sidewalk cost per sq. foot None None Sidewalk rate per front foot Property Owner Name of Addition Block Number Lot Number Property Frontage Paving Cost Sidewalk Lin. Ft. Sidewalk Cost Ce,b&Qaw« Lin. Ft. Curb 4, Cost Total Amount Roy Murray Water Beach 9 6 150,00 '13 °.96 150,00 75,00 773.96 Bonnie Hays Water Beach 10 1 & 12 300.00 1397.91 300.00 150,00 L547,91 Arthur Landsman Water 2each 9 7 150.00 698.96 150.00 75.00 773.96 TOTAL CONTRACT PRICE 4843.76 COST TO PROP. O4rffi5 3095.83 COST TO CITY OF CORPUS C tISK 1747.93 ru .. r. —j", a,orpus k.,Unsrr, texas Engineering Division Compiled ELK 3-219-47 Checked Preliminary PAVING ASSESSMENT Furman Ave. Broadway Coixt,, Twigg, Mann, Palo Alto, Dan Rek&jts. The east property line of Water Street to the west property line of west Shoreline Boulevard. Pavement 4jtt Asph. Cone, Base lf" Asph. Cone. Surf. Brown w Root, Trnr, Contractor Contract Date February 5. 1947 401 — pptt t.. Roadway Furman 4. 3685, Curb cost per lineal foot .50 Mann, . a o g � Dan RPM, 0685, Broadway Court Paving rate per front foot Sidewalk cost per sq. foot None 4.3685 None Sidewalk rate per front foot Property Owner Name of Addition Block Number Lot Number Property Frontage Paving Cost Sidewalk Lin. Ft. Sidewalk Cost Curb&b Gutter Lin. Ft. Curb & Gutter Cost Total Amount REC PITIILA ION Total Contract Price 24,729.10 All ix Streets Cost to Property Owners 15,834.30 Cost to City of Corpus Christi 8,894.80 rumic vvorxs irepi., t—orpus t.nnsn, Texas Engineering Division Compiled ELK 3 -28 -47 Checked NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the written statement and report of the Director of Public Works heretofore filed with the City Council, showing the estimated total cost of the whole improvement on each of said streets, within the limits above defined; the estimated amount per front foot proposed to be assessed against the abutting property and the real and true owners thereof on each of said streets for construction of curbs; the estimated amount per front foot proposed to be assessed against the abutting property and the real and true owners thereof for said improve- ments, exclusive of curbs on each of said streets, the total estimated amount per front foot proposed to be assessed against said abutting property and the real and true owners thereof on each of said streets; the total estimated cost of said improvements on each of said streets to be paid by the City of Corpus Christi, Texas; the total estimated amount of the cost of said improvement on each of said streets proposed to be assessed against the abutting property and the real and true owners thereof; the names of the apparent owners of the property abutting on each of said streets within the limits above defined, with the number of front feet owned by each and the description of their property and other matters relative thereto, having been received and examined by the City Council, said report is hereby in all things approved and adopted. SECTION 2. That it is here found and datermined: 1. The total estimated costs of the whole improvements on each of said streets within the limits above defined, is as follows: FURMAPi STREET - - - - - - - - - - -$2825.34 BROADWAY COURT- - - - - - - - - - - $2905.339 TWIGG STREET- - - - - - - - - - - - 5499.19 PALO ALTO STREET- - - - - - - - - - 4843.76 DAN REID STREET - - - - - - - - - - 3811.66 MANN STREET - - - - - - - - - - - - 4843.76 2. The estimated amount per front foot proposed to be assessed against each abutting property and the real and true owner or owners thereof for curbs on each of said streets, is $0.50 per lineal foot. -4- 3. The estimated amount of the cost per front foot proposed to be assessed against each abutting property and the real and true owner thereof for the construction of said improvements, exclusive of curbs, on each of said streets, as follows: FORMAN STREET - - - - - - - - - - - $4.3685 BROADWAY COURT- - - - - - - - - - - 4.3685 TWIGG STREET- - - - - - - - - - - - 4.6597 PALO ALTO STREET- - - - - - - - - - 4.6597 DAN REID STREET - - - - - - - - - - 4.0685 MANN STREET - - - - - - - - - - - - 4.6597 4. The total estimated amount per front foot proposed to be assessed against each abutting property and the real and true owners thereof for said improvements on each of said streets is as follows: FORMAN STREET - - - - - - - - - - -$4.8685 BROADWAY COURT- - - - - - - - - - - 4.8685 TWIGG STREET- - - - - - - - - - - - 5.1597 PALO ALTO STREET- - - - - - - - - — 5.1597 DAN REID STREET - - - - - - - - - - 4.5685 MANN STREET - - - - - - - - - - - - 5.1597 5. The total estimated amount of the costs of said improve- ments to be assessed against the abutting property and the real and true owners thereof on each of said streets is as follows% FORMAN STREET - - - - - - - - - - - $1950.32 BROADWAY COURT- - - - - - - - - - - 2005.36 TWIGG STREET - - - - - - - - - - - - 3095.84 PALO ALTO STREET- - - - - - - - 3095.83 DAN REID STREET - - - - - - - - - - 2591.12 MANN STREET - - - - - - - - - - - - 3095.83 6. The total estimated amount of the costs of said improvements proposed to be paid by the City of Corpus Christi, Texas, on each of said streets is as follows: FORMAN STREET - - - - - - - - - - -$ 875.02 BROADWAY COURT- - - - - - - - - 900.03 TWIGG STREET- - - - - - - - - - - - 2403.35 PALO ALTO STREET- - - - - - - - - - 1747.93 DAN REID STREET - - - - - - - - - - 1220.54 MANN STREET - - - - - - - - - - - - 1747.93 SECTION 3. That a portion of the coats of said improvements shall be paid and defrayed by the City of Corpus Christi, Texas, and that a portion of the cost of said improvements shall be paid by and assessed against the property abutting upon said streets within the limits above defined, and against the real and true owners thereof in accordance with, and in a manner provided by, the Charter of the City -5- of Corpus Christi, Texas, and by the Acts of the 40th Legislature of the State of Texas, First Called Session, Chapter 106, and ]mown and shown as Article 1105 -b of Vernon's ANNOTATED CIVIL STATUTES OF TEXAS, and that the total cost of said improvements shall be and are hereby apportioned between said parties and shall be paid and defrayed as follower (a) The cost of constructing, reconstructing or repairing said improvements within the area between and under rails, tracks, double tracks, turnouts, and switches, and two feet on each side thereof, of any railway, street railway or interurban, using, occupying or crossing such streets or portion thereof hereby ordered and approved, shall be paid by the respective owners thereof and assessed against such rail- way, street railway, or interurban, and its road bed,.ties, rails, fixtures, rights and franchises, and the real and true owners thereof, in the manner provided by the terms of the City Charter of the City of Corpus Christi, Texas, and by said Acts of the 40th Legislature of the State of Texas, (1927), above identified. (b) The City of Corpus Christi shall pay the whole cost of construction, reconstruction or repair of the curbs, within the inter- sections of each of said streets with other streets and alleys and shall pay not less than one -tenth (110) of the total remaining cost of said improvements on each of said streets, exclusive of the costs of the curbs, in front of the respective properties abutting upon said streets, said costs being in the amounts as hereinabove set out in Section 2 hereof. (o) The property abutting upon each of said streets within the limits above defined, and the real and true owners thereof, shall be assessed and pay for the total cost of constructing, reconstructing or repairing, as the same may be, of curbs in front of their respective properties, and shall pay all of the remaining cost of said improvements on the street upon which they abut, exclusive of the amount thereof here- in specified to be paid by any railway, street railway, or interurban, as set out in Sub - section (a) above, and by the City of Corpus Christi as set out in Sub - section (b) above, and inclusive of the costs of all incidentals and appurtenances. However, such remaining costs to be assessed against and paid by abutting property and the real and true -6- owners thereof shall not in any case exceed nine - tenths (910) of the total costs of said improvements on the street upon which they abut, exclusive of the costs of curbs, said costs being at the rate of, and in the amounts as hereinabove set out in Section 2 hereof. The amounts payable by the abutting property and the real and true owners thereof shall be assessed against such abutting property and the real and true owners thereof, and shall constitute a first and prior lien upon such abutting property and a personal liability of the real and true owners thereof; provided, however, that no amount shall be assessed against such abutting property or the real and true owners thereof in excess of the benefits to said property in the enhanced value thereof by reason of said improvements on the street upon which it abuts, and that said cost which may be assessed against such property and its real and true owners shall be in accordance with the FRONT FOOT RULE OR PLAN in proportion as the frontage of such property is to the frontage to be improved, provided that, if it shall appear at the hearing on special benefits, hereinafter provided for, that the application of such rule or plan will result in inequality or injustice then such rule of apportionment shall be applied as will in the judgment of the City Council produce substantial justice and equality between respective parcels of property and the real and true owners thereof, considering the special benefits in enhanced value to be received and burdens imposed, all in accordance with and as provided for in said City Charter and the said Acts of the 40th Legislature of the State of Texas, First Called Session, Chapter 106, as hereinabove identified. That the amounts payable by the real and true owners of said abutting property shall be paid and become payable in five (5) equal annual installments, the first of which shall be due and payable twenty (20) days after the date said improvements are completed and accepted by the said City Council, and the remaining four (4) installments to be due and payable, respectively, one (1), two (2), three (3), and foo (4) years from and after the date of such acceptance and bearing interest at the rate of five per centum (5 %) per annum from said date of acceptance, payable annually; provided, however, that the owners of -7- said property shall have the privilege of paying any one of, 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; further, that if default be made in payment of any such installments of principal or interest promptly as same matures, then at the option of the contractor or assigns the entire amount of the assess- ment upon which such default is made shall be and become due and payable together with reasonable Attorneys Fees and collection costs, if incurred. SECTION 4. That a hearing be given to the real and true owners and all owning or claiming any interest in any property abutting upon said portions of said streets within the limits above defined, and to all others owning, claiming or interested in said property, or aEy of said matters as to the assessments and to the amount to be assessed against each parcel of property and the real and true owners thereof, and as to the special benefits to said property to be received from said improvements, if any, or concerning any error, invalidity, irregularity or deficiency in any proceedings or contract with reference thereto, or concerning any matter or thing connected therewith, which hearing shall be hold by the City Council of said City in the Council Chamber of the City Hall in the City of Corpus Christi, Texas, at 4o'clock P. M. on the day of April, A. D. 1947, at which time all persons, firma, corporations, or estates, owning or claiming any such abutting property, or any.interest therein, and their agents or attorneys, or persons interested in said proceedings are notified to appear and to be heard in person or by councel and may offer evidence; and said hearing shall be adjourned from day to day and from time to time and kept open until all persons, evidence and protests have been duly heard; and the City Secretary of the City of Corpus Christi, Texas, is hereby directed to give notice of said hearing by publication in the CORPUS CHRISTI PRESS, the official newspaper of the City of Corpus Christi, which is a news- paper of general circulation in the City of Corpus Christi, Texas; and said notice shall be published at least three times in said newspaper before the date set for said hearing, the first of which publications -8- shall be at least ton days prior to the date of said hearing, and such notice by publication shall be valid and sufficient without any further form of notice, as provided for and in accordance with the terms and provisions of said City Charter and of Chapter 106 of the Acts of the First Called Session of the 40th Legislature of the State of Texas, known and shown as Article 1105 -b of Vernon's ANNOTATED CIVIL STATUTES OF TEM, however, said City Secretary is further directed, in addition to the contents of the notice of said hearing as required by law, which shall be for all purposes valid and sufficient in itself, to include therein the list of the names of the apparent owners, and the desorip- tions of said abutting property as set out in said Director of Public Works report, provided, however, that the said list of apparent owners and property descriptions so included in said notice, shall merely be cumulative of and in addition to the requirements of said notice as provided by the laws of the State of Texas, and the Charter of the City of Corpus Christi, Texas, and shall not in any manner be conclusive of the real and true owners or of the correct descriptions of said abutting property nor limit said notice to the properties described or to such apparent owners named therein, but said notice shall nevertheless be directed to the real and true owners of said abutting property, whether named or correctly named therein or not, and to all others claiming, owning, or interested in any manner in any of said abutting property on said streets within the limits above defined. SECTION 5. That following such hearing as above provided, assessments will be levied against said abutting property and the real and true owners thereof for that portion of the cost of said improve- ments hereinabove determined to be payable by said abutting property and the real and true owners thereof, and which assessments shall be a first and prior lien upon said abutting property and a personal liability and charge against the real and true owners thereof. In levying said assessments, if the name of the owner be unlocown, it shall be sufficient to so state the fact, and if said abutting property be owned by an estate or by any firm or corporation, it shall be sufficient to so state the fact, and it shall not be necessary to give the correct name of any such owner, and no error or mistake in attempting to new any such owner or in describing any of said property shall invalidate any assessment or certificate issued in evidence thereof, but nevertheless the real and true owner of said abutting property shall be liable and the assessment against said property shall be valid whether or not such owner be named or correctly named, or said property correctly described. SECTION 6. The fact that there is no permanent street improve- ments on Furman Street, Broadway Court, Twigg Street, Palo Alto Street, Dan Reid Street and Mann Street, within the limits above defined and that such streets have become important thoroughfares and connect impor- tant thoroughfares and the fact that the present condition of the streets 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 imperative public necessity exist, and having requested that said Charter Rule be suspe3died, and that this Ordinance be passed finally on the date of its introduction, and that this ordinance take effect and-be in full force and effect from and after its passage, IT IS SO ORDAINED. PASSED and APPROVED this 8 day of CC its l , A. D. 1947• PR City of Corpus Christi, Tesas. ATTEST: City Secre ary APPROVED AS TO LEGAL FORM:/� City Attorney ' - L- _10- Corpus Christi, Texas TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas Gentlemen: For the reasons set forth in the emergency clause of the foregoing ordinance, a public emergency and imperative necessity exist for the suspension 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, hereby request that you suspend said Charter rule or requirement and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, 'QR CITY OF CORPUS CHRISTI, TEAS The Charter rule was suspended by the following votes Wesley E. Seale John A. Ferris George R. Clark, Jr. 4 R. R. Henry C41 , Joe Dawson The above ordinance wps passed by the following votes Wesley E. Seale John A. Ferris George R. Clark, Jr. R. R. Henry Joe Dawson