HomeMy WebLinkAbout02107 ORD - 07/01/1947API ORDINANCE I
CLOSING THE HEARING GIVEN TO THE REAL AND TRUE
OWNERS OF PROPERTY ABUTTING ON MORGAN AVENUE,
WITHIN THE LIMITS HEREINBELOW DEFINED, AND TO
THE REAL AND TRUE OWNERS THEREOF, AS TO SPECIAL
BENEFITS TO ACCRUE TO SAID PROPERTY AND THE REAL
AND TRUE OWNERS THEREOF, BY VIRTUE OF THE IM-
PROVEMENTS OF SAID STREETS WITHIN THE LIMITS
DEFINED, AND AS TO ANY ERRORS, INVALIDITIES,
OR IRREGULARITIES IN ANY OF THE PROCEEDINGS OR
CONTRACTS THEREFOR, OVERRULING AND DENYING ALL
PROTESTS AND OBJECTIONS OFFERED; FINDING AND
DETERMINING EACH AND EVERY PARCEL OF PROPERTY
ABUTTING UPON SAID MORGAN AV'E'NUE WITHIN THE
LIMITS DEFINED WILL BE SPECIFICALLY BENEFITED
AND ENHANCED IN VALUE IN EXCESS OF THE AMOUNT
OF THE COST OF SAID IMPROVEMENTS, PROPOSED TO BE,
AND IS HEREIN ASSESSED AGAINST SAID PROPERTIES
ABUTTING UPON SAID MORGAN AVENUE AND LEVYING AN
ASSESSMENT FOR THE PAYMENT OF A PORTION OF THE
COSTS OF IMPROVING SAID MORGAN AVENUE WITHIN SAID
LIMITS, FIXING A CHARGE AND LIEN AGAINST THE
PROPERTY ABUTTING UPON SAID MORGAN AVENUE AND THE
REAL AND TRUE OWNER OR OWNERS THEREOF, PROVIDING
FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES UPON
THE COMPLETICN AND ACCEPTANCE OF SAID WORK, AND
THE MANNER. AND TIME OF PAYMENT AND PROVIDING FOR
THE MANNER AND METHOD OF COLLECTION OF SAID
ASSESSMENTS AND CERTIFICATES, AND DECLARING AN
EMERGENCY.
WHEREAS, the City Council of the City of Corpus Christi, Texas,
heretofore on January 15, 1945, by duly enacted ordinance, No. A -366,
determined the necessity for, and ordered the improvement of Morgan
Avenue, Kokernot Avenue and Baylor Avenue, within the limits hereinafter
defined, in the manner and according to the plans and specifications
heretofore approved and adopted by the City Council therefor, said por-
tions of said streets to be improved being as follows, to -wit:
MORGAN AVENUE from the West property line
of Nineteenth Street to the East property
line of Port Avenue; and
KOKERNOT AVENUE from the North property line
of Morgan Avenue to the South property line
of the Memorial Hospital Boulevard; and
BAYLOR AVENUE from the North property line
of Morgan Avenue to the South property line
of the Memorial Hospital Boulevard
a duly executed notice of said ordinance having heretofore been filed
in the name of said City with the County Clerk of Nueces County, Texas,
on the 1 7th day of January, 1945; and,
WHEREAS, on February 1, 1945, and pursuant to Ordinance No.
A -366 of January 15, 1945, 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 appro-
priations 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
and Root, Inc., on its lowest and most advantageous bid, and said con-
tract has been heretofore duly executed by said City of Corpus Christi,
Texas, and Brown and Root, Inc., and Nusces County, Texas, and is dated
February 1, 1945, 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 and
as required by the Charter of said City and the laws of the State of
Texas; and,
WHEREAS, The said City Council, did, by Ordinance No. 1970,
enacted on August 29, 1926, reaffirm said determination of necessity for
improving said streets within the above limits, and said contract above
identified, and did thereby declare its intention to proceed with the
improvement of said streets in accordance therewith; and said City Council
did, by ordinance No. 2021 enacted on January 14, 1947, reaffirm the appropria-
tion originally made by it by ordinance dated February 1, 1945, to cover
the portion of said costs of said improvements to be paid by said City; and,
WHEREAS, the City Council has caused the Director of Public
Works to prepare and file estimates of the cost of such improvements 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 the said City Council, the same
having been received and examined by the said City Council; and,
-2-
WHEREAS, said City Council, by duly enacted ordinance dated
June 3, 1917, did determine the necessity of levying an assessment for
that portion of the cost of constructing the said improvements on Morgan
Avenue, within the limits herein defined, to be paid by the abutting
property and the real and true owners thereof, did order and set a
hearing to be held at 4 o'clock P.M. on June 24, 1947, in the Council
Chamber of the City Hall of Corpus Christi, Texas, for the real and true
owners of the property abutting upon said streets, within the limits
above defined, and for all others owning or claiming any interest in,
or otherwise interested in, said property, on any of said matters as
to the assessments and amounts to be assessed against each parcel of
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 concerning any error, invalidity, or
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 said City Council did, by said Ordinance, order and
direct the City Secretary of said City to give notice of said hearing
to the real and true owners of the property abutting upon said streets,
within the limits defined, by publication in the Corpus Christi Press,
the official newspaper of the City of Corpus Christi, Texas, a newspaper
published in the City of Corpus Christi, Texas, of general pirciilation,
said notice to be published in said newspaper at least three times prior
to the date of said hearing, the first publication of which is to be at
least ten (10) days prior thereto, all as provided for and in accordance
with the 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
TEXAS; and,
WBEREAS, said City Council did further order and direct said
City Secretary, in addition to said published notice as aforesaid, which
was provided to be valid and sufficient in itself, to include in said
notice a list of the apparent owners of said abutting property as set out
-3-
in said City Enginserts written report, but providing that said list
of apparent owners and the descriptions of said properties, so included
shall merely be cumulative of and in addition to the requirements of
said notice as required by law and shall not be conclusive as to the
real and true owners, or the descriptions, or said abutting property,
nor limit said notice to such owners named, or the property described,
but that said notice shall nevertheless be directed to the real and
true owner or owners of said abutting property, whether named or correctly
named, or said property correctly described, therein or not; and,
WHEREAS, said notice as ordered and directed by said City
Council, and as required by said Acts and Charter of the said City as
above identified, has been duly given by publication of same in the
Corpus Christi Press, a newspaper published in the City of Corpus Christi,
Texas, on June 5, 1947, June 12, 1947, and June 19, 1917, said notice so
published having included therein a list of the names of the apparent
owners as set out in the Director of Public ;forks written report as
directed in the aforesaid ordinance; 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 so given, was opened and held on June 24,
1947, at 4 o'clock P.M, in the Council Chamber of the 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 of said above men-
tioned 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 testimoW:
-4-
HARRY STIRMAN, DIRECTOR OF PUBLIC WORKS, appeared and in response to
questions by the City Attorney testified that he was familiar with the
plans and specifications for the improvement proposed to be made upon
Morgan Avenue from the West property line of 19th Street to the East
property line of Port Avenue under contract with Brown and Root, Inc.
and that said improvements consisted of a permanent paving, including
curbs and gutters and the construction, reconstruction or repair of a
z inch hot asphaltic concrete base course and construction thereon of
a substantial wearing surface of a 12 inch asphaltic surface course,
placed on 6 -inch packed base; and he further stated that he recommended
the assessments on Lots 1 and 2, Block 20, Segrest Addition; Lots 4 and
5, Block 1, Corpus Heights Addition; and Lot 9, Block M, Paisley's Sec-
tion, be reduced approximately 50% of their prior assessment.
MR. FRANK NELSON, IV. M. NEYLAND, AND L. H. GROSS appeared and in res-
ponse to questions by the City Attorney, each testified for himself
that he was now and had been for a number of years engaged in the real
estate business in the City of Corpus Christi and that he was familiar
with real estate and property values generally in said City, and parti-
cularly with same of the properties abutting upon said Morgan Avenue
from the Nest property line of 19th Street to the East property line of
Port Avenue proposed to be improved under this proceeding; that he was
familiar with the type and character of said proposed improvements, and
that in his opinion each and every parcel of property abutting upon
Morgan Avenue within said limits to be improved will be specially bene-
fited and enhanced in value as a result of the construction of said
improvements upon the street which it abuts; and that the amount of such
special benefits by enhancement in value will be in excess of 19.0180
per front foot of the property abutting upon Morgan },avenue with the
exception of the property abutting upon Lots 1 and 2, Block 20, Segrest
Addition; Blocks 4 and 5, Block 1, Corpus Heights Addition; Lot 9, Block
M, Paisley's Section, the above three tracts having been reduced by
approximately 507. It was then testified by the above parties that
improvement to such property would amount to such special benefits by
enhancement in value of said property in excess of the amounts assessed
against them.
Motion was made by Mr. Clark and seconded by Mr. Henry and duly carried
that said Hearing be closed and that adjustments of the assessments
against Lots 1 and 2, Block 20; Segrest Addition; Lots 4 and 5, Block
1, Corpus Heights Addition; and Lot 9, Block M, Paisley's Section, as
set out in the assessment rolls attached hereto, be made and that the
City Attorney be ordered to prepare a proper ordinance closing said
hearing.
wHERFA.S, no further parties appearing and no further testi-
mony being offered as to the special benefits in relation to the
enhanced value of said abutting property as compared to the cost of
improving said portions of said streets proposed to be assessed against
said property, or as to any errors, invalidities or irregularities in
the proceedings or contracts heretofore had in reference to the improvement
of said street, upon motion of Commissioner Clark -., seconded by Co=mmissioner
Henry , the said hearing was declared closed; and,
WHEREAS, at none of said hearing was any objection or pro-
test raised as to said improvements, the assessments or contracts there-
for, or as to ary of the proceedings in reference thereto had by the
City Council or any claim that said improvements did not create and
constitute a special benefit to the properties abutting upon said Morgan
Avenue, within the limits defined, in excess of the portion of the cost
of said improvements apportioned to the respective abutting properties
and the real and true owners thereof; except as hereinabove set out; and,
W MEAS, 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 in said Morgan Avenue, within the limits
above defined, and has heard all parties appearing and offering testimony,
together with all protests and objections relative to such matters and
as to any errors, invalidities or irregularities in ar{y of the proceedings
and contract for said improvements, and has given a full and fair hearing
to all parties making or desiring to make any such protest, objection,
or offer testimony, and has fully examined and considered all evidence,
matters, objections and protests offered, and based upon said evidence,
testimony and statements, said City Council finds that each and every
parcel of property abutting upon Morgan Avenue, within the limits to be
improved as herein defined, will be enhanced in value and specially bene -
fitted by the construction of said improvements in an amount in excess
of the amount of the costs of said improvements proposed to be, and as
hereinbelow assessed against each and every said parcel of property abutting
on said Morgan Avenue, and the real and true owner or owners thereof,
and said City Council did consider and correct all errors, invalidities
or deficiencies called to its attention and did find that all proceedings
and contracts were proper and in accordance with the Charter of said
city and the laws of the State of Texas, under which these proceedings
are being had, and the proceedings of said City Council theretofore had
with reference to such improvements, 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 and the real and true owner or owners
thereof, are just and equitable and did adopt the rule of apportionment
set forth below and the division of the costs of said improvements be-
tween 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:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CORPUS CHRISTI, TE1kSs
SECTION 1. That there being no further protests or testimony
for or against or in reference to said improvements, benefits or pro-
ceedings, said hearing granted to the real and true owners of abutting
property on said Morgan Avenue 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 of
property abutting upon said Morgan Avenue, within the limits above 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 construc-
tion of said improvements in said portions of said street, will be in
excess of the amount of the costs of said improvements as proposed to be,
and as herein assessed against said abutting property and the real and
true owner or owners thereof, and finds that the apportionment of the costs
of said improvements, and that the 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 all proceedings and contracts
heretofore had with reference to said improvements are in all respects
regular, proper and valid, and that all prerequisites to the fixing of
the assessment liens against said abutting properties, as hereinafter
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 said City Council.
SECTION j. That in pursuance of said ordinance, duly enacted,
by said City Council, authorizing and ordering the improvement of
said above described streets, within the limits hereinabove named and
defined, and in pursuance of said proceedings heretofore had and enacted
by said City Council in reference to said improvements and by virtue of
the powers vested in said city with respect to said street improvements
by the laws of the State of Texas and the Charter of said city, with
particular reference to Chapter 106 of the Acts of the First Called Session
of the 40th Legislature of the State of Texas, known and shown as Article
1105 -b of Vernon's ANNOTATED CIVIL STATUTES OF TEXAS, as amended, there
shall be, and is hereby levied, assessed and taxed against the respective
parcels of property abutting upon said portion of said Morgan Avenue as
hereinbelow described, and against the real and true owner or owners
thereof, whether such real and true owner or owners be named or correctly
named, or said properties be correctly described, herein or not, the several
sums of money hereinbelow mentioned and itemized opposite the description
of the respective parcels of said property, the description of such 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 the names of the
apparent owners thereof, all as corrected and adjusted by said City Council,
being as follows, to -wit:
Finest PAVING ASSESSMENT
Ilor� n Street
'sue
from
The -;lest Pro- orty T,Ine of � ti
l _9 i
Street
to tl ;,-l: Pro ^ertr
lire e1, Port 1.venue
Sidewalk
Lin. Ft.
Sidewalk
Cost
Pavement 4 - -" ii ;: Cale.
T13ace 1'," lash , Ccnc . "w _face
Bruin ec itoot, Inc.
Contractor
Contract Date ?e %,ru.aa
1, 1945 _
561— 07t
Ft.. Roadway
Curb cost per lineal foot
0.45
8.56 &a0 —Paving
rate per front foot
Sidewalk cost per sq. foot
None
done
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& �(j�
Lin. t.
Curb &
- Cost
Total
Amount
i:TTj�rtT
fIMI SlI: "_
1 ;i.S
CTI0I7
S e C st
2.2
a
�
<; ".06
5„�q
a l.ry _
,
-14
i.a V
q
tof
7t
1,
1r
,n5
a.. ,':7
,51.n,
"-9.7
,398.
9z T
^1 ]T
1+'1 u UTLUN
Michel_ • Slwnonn,
. .:.. e �• i
i,
,
:7
155085
!.007
1'0,x•
T
rm7r
2
1_4n �n
,
l,Q ow
4 n
cam! _
-
(i !r
T! (IT
ene Dol4dyj C. D. 'Walker ( )
Corpus
1.,2,E
101.00
' 55Q.Si
2_a. Do
e , may; ;, h. ,,;rl r ,
-
C.orp>>e „ht
-
,
%,5
�_ , , ,.
,, _ �,
J 83,61
3W, i
11700,
• CC
eublic Works Dept., Corpus Uhnsti, Texas
Engineering Division L' TS
4� 4 Compiled Checked._._ -
77
1y
H !
14
'6
.r
1
Fir_s1 PAVING ASSESSMENT
llorgan livenue from 1'he ,jest property line of 19th street';
'`o tho o^ gt �T:)!"'.I �r j.;i,'yo or Port hven-ir-
Pavement 4);-" 4r1,:,1 . Conic. se l s >oph. Conc. S f o.ce Erown L Poot, Inc. Contractor
Contract Date Yebilans r 1, 1945 561 - Ott Ft.. Roadway
Curb cost per lineal foot
Sidewalk cost per sq. foot
i.56 Paving rate per front foot
:;one Sidewalk rate per front foot
Property Owner - N
Name of Addition B
Block L
Lot P
Property P
Paving S
Sidewalk S
Sidewalk C
Cer6f>�tt' , C
Curb & T
Total
dead S
Street Iitercoct o
on
iorrts Liedokor (s) ?
?oocozrel:4 !'lace 1
1 9
9 to 14 2
284. C2 2
2,/,1,0.3,' 2
2—".82 1
128.17 2
2568.:
Rabbi +
+ nun .6oad I
In"crce t
tion
All OS 9 -
L). toberts (c) P
Pa_ slay ts S
Sectl.n, A
-
.... -
-._.ut
nf
Lre of
96 '
',81.80 7
7 ^0.8 S
SL 80 3
36.81 (
(737.1
Adjusted to: 3
3668.E
7'1 .)_,e c
centk: Str� t
t ntel.<ecti.on
J. moist Foundatlon
Cora"." to he a h,r `
` me t _s, et Tr. 1
169 ^• .0 .
. !
! " l c
c� ^
^t
h C_t� of Co'"Uu ('l,rie";'
5t of Chas` 4 o
of ti a
ae
1 .
of
.
d
so,.; L
Lie e
eat corave e
ed
of �4j..' to the o
o_F Oo a
a
Public Works Dept., Corpus Christi, Texas
Engineering Division
Compiled - ' Checked `JS
51
57)
31,
% i,'°
Final PAVING ASSESSMENT
IIor ^an Ave mle from the west -Dronerty line of 19th street
to the eat ror rt r ? Lc 02 Port ''vemic
vement w•
-t1 J4ph Cone 13ase 1't' Asph, C;onc. Surf, Broom & Root, Inc. Contractor
)ntract Date PeoruarV 1, 1945 561 - Ctt Ft.. Roadway
irb cost per lineal foot 0.45
dewalk cost per sq. foot 1 ?one
8.56 °•0 Paving rate per front foot
Pone Sidewalk rate per front foot
Property Owner
Name of Addition
Block
Number
Lot
Number
Property
Frontage
Paving
Cost
Sidewalk
Lin. Ft
Sidewalk
ew
Cost
Curb,
Lind t.
rC &
Cost
Total
Amount
=:dericic ,icCre o tai.fe
Traci; of land 891
1-251
11t of Shar
ene IdcGregor (n)
4 of Tyre iaissett
'race t
d.o_scribcd
.Ln
deed ro.corl?oO in V.
1. 305
page 25%%
f
'idueccs Ooitr_ty Decd
_,nccrd,
c' cop't a
strip 101 ro7'.de off
ti_e 5'0'
tr >ide th
.reof
comr, —_d for R.O,':7
Ci'•
of Qorrn
Ch–
_.,r_.
89.00
762.55
r�.00
40.05
202.60
,e Johnson
of 1-nd froze
; _ / - 11,
.116 feet o
. the
?o ^rIQ of i`O_
n :rve.
ot. of Sha
of Tyre ;Ussett
flCt b
;r
_ "iL coM cs
d Cf
2 - ^oel.s, one 100
1.001
a_id_ th-,: o
her
50.561 _, 150t as describe
,:necti
ly in
2 of t_ it deeds, o
e rcco
1. in Vol
246,
pace /,'0 <.nd the o
her d,
r
in Vol_.
276
Pa- e :L6 8, of iluece
3
Do,:,,! _te ro
ds, eac
nt
tr .7 10 feet td -d.e
off so-.
tli ic?es o
both
c t�trcclr, rr,nvo
c?- fc.
.0, to
'i'c' of
Cc"
Cc_,w. 'IL- isti.
1
l ?_00 OQ
_
10�`L6
62.75
3719.31
32,381.1
3634.31
1637.68
34,01 &'.82
gusted 1
ta.1
32,126,20
'ublic Works Dept., Corpus Christi, Texas
Compiled EIL Checked 09
iral PAVING ASSESSMENT
? Iorgan � venuo
to the East Proncrty Lire of Port
avement il.sph. Cor-c. Dace 1'," 'snh. Conc. Svsf.
!ontract Date
!urb cost per lineal foot
idewalk cost per sq. foc
from the hest nroi�ert• line of 1111h st_ +
Brown & Root, Inc. Contractor
I�
Roadway
8.56880 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
Curb &fir
Lin. Ft.
Curb &
Mr Cost
Total
Amount
tal Contract Pricc
r
5,5.80
ct of Kohernot L: B-7or Ava
ues
> be :,aid by Cites* 01 Ccrr'us
Cta�icti,
vid Ilueecs County, -i, ^res.)
27 00
f. L. _.Y
,1G1.80
Of _ioiC ^n ::venue
)st to Propertl Oiancrc
32,126.80
t of the s— of x32,126.80
tho City of Corpus
_sti, zs ,,rope_ m.'ner _c
ay *irg ti. o shun of
15.86 and the C�
CI7riSti £. iduece
nrt r T eras is in -, :1e s
n of, 615,1: 6:89 for
the
lefit Of tI!c ., t :' ^.,171^
_cn of Texas.
A to the C7..uy of ror ..� 01.
_ ,^,t:i, and I?ueces
mty, Texas.
w 32,015.00
?ublic Works Dept., Corpus Christi, Texas
;ngineering Division
Compiled MS Checked V5
SECTION 4. BE IT FURTHER ORDAINED3 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 hereinabove stated, the assessments herein made 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 of frontage shall
bear to the whole number of front feet of property actually improved
in accordance with the front foot rate of assessment herein adopted,
it being the intention that each parcel of property and the real and
true owner or owners thereof, abutting on said Morgan Avenue, within
the limits above defined, shall pay for said improvements under the
"FRONT FOOT RULE OR PLAN", which rule or plan is hereby found and deter-
mined 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, all certificates hereinafter provided
for, issued to evidence said assessments against said parcels of property
abutting upon said Morgan Avenue 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 to be determined by the City Engineer
upon completion of said work, and the finding by said City Engineer 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 abutting property and the real
and true owner or owners thereof, whether said owners be named or correctly
named, or said properties be correctly described, herein or not, subject to
the provisions of Section 4 hereof, together with interest thereon at the
rate of five percent per annum and with reasonable attorney's fees and all
costs and expenses of collection, if incurred, are hereby declared to be
and made a first and prior lien upon the respective parcels of property,
against which as= are assessed from and after the date said improvements
were ordered by said City Council, to wit, January 15, 1945, and a personal
liability and charge against the real and true owner or owners thereof,
whether or not such owner or owners be named or correctly named herein,
paramount and superior to all other liens, claims or titles except for
lawful ad valorem taxes; and that the sums so assessed shall be payable
as follows, to -wit: in ten (10) equal installments, the first of which
shall be payable on or before twenty (20) days after the completion of
said improvements and acceptance thereof by the said City Council, the
nine remaining installments to be due and payable, respectively, one,
two, three, four, five, six, seven, eight and nine years from and after
said date of acceptance of said improvements by said City Council,
deferred payments to bear interest from said date at the rate of five
percent per annum, payable annually, concurrently with each of said
installments; past due installments of principal and interest to bear
interest at the some rate per annum until paid, provided, however, that
any owner of such property shall have the right to pay off the entire
amount of any such assessment, or any installment thereof, before maturity
by paying principal and accrued interest to date of said payment; and
provided, further, that if default shall be made in the payment of any
installment of principal or interest when due, then the entire amount
of said assessment upon which such default is made, shall, at the option
of the said Brown & Root, Inc., or its assigns, be, and become immediately
due and payable and shall be collectible, together with reasonable attorney's
fees and all costs and expenses of collection, if incurred.
SECTION 6. That the City of Corpus Christi shall not in any
manner be liable for the payment of any sums hereby validly assessed
against axy abutting property and the real and true owner or owners thereof,
but Brown & Root, Inc., shall look solely to such property and the real
and true owner or owners thereof, for payment of any sums validly assessed
against said respective parcels of property, but said city shall be obligated
to furnish Brown & Root, Inc. valid assessments and assessment certificates
and shall exercise all of its lawful powers to aid in the enforcement
and collection of said liens and assessments; and if default shall be
made in the payment of any of said sums herein assessed against the
said parcels of property and the real and true owner or owners thereof,
collection thereof shall be enforced at option of said Brown & Root, Inc.,
or its assigns, either by suit in any court having jurisdiction or by
sale of the property assessed as nearly as possible in the manner as
may be provided by law and Charter in force in said city for the sale
of property for the collection of ad valorem taxes.
SECTION 7. That for the purpose of evidencing said assess-
ments, 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 certificates shall be issued by the City of Corpus Christi,
Texas, to Brown & Root, Inc., upon the completion of said improvements
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, and which 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 name of the
apparent true owner or owners as accurately as possible, and the descrip-
tion 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 property shall be owned by an estate or firm, then to
so state the fact shall be sufficient, and no error or mistake in des-
cribing any 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 the said certificates 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 Brown & Root, Inc., or its
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 shall set forth and evidence the
personal liability of the real and true owner or owners of such property,
whether named or correctly named therein or 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 th date said improvements were ordered
by said City Council, to -wit, �shalle 1944, and shall
provide in effect that if de ult n the payment thereof,
the same may be enforced, at the option of Broom & Root, Inc., or its
assigns, either 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 certificate 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 the City Council of said City, and that all
prerequisites to the fixing of the assessment lien against the property
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 the said certificates may have coupons athohed thereto
in evidence of each or any of the several installments thereof, which
may be signed with the facsimile signatures of the Mayor and City Secretary.
That said certificates shall further provide in effect that
the City of Corpus Christi, Texas, shall exercise all of its lawful powers,
when requested so to do by the holder of said certificates, to aid 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 8. That all such assessments levied are a personal
liability and charge against the real and true owner or owners of the
property 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 im-
pair any assessment levied hereby or any certificate issued, and such
mistake, or error, invalidity or irregularity whether in such assessment
or in the certificate issued in evidence thereof, may be, but is not re-
quired to be enforceable, corrected at any time by the City Council of
the City of Corpus Christi, Texas. Further, that the omission of said
improvements in front of any particular parcel of property abutting upon
said streets, which is exempt from the lien of said assessment, shall
in nowise affect or impair the validity of assessments against the other
parcels of property abutting upon said street.
That the total amounts assessed against the respective par -
cola of property abutting upon said street, within the limits herein
defined, and the real and true owner or owners thereof, are the same as,
or less than, the estimates of said assessments prepared by the City
Engineer 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 therefor, and with the terms, powers and provisions of said
Chapter 106 of the Acts of the First Called Session of the 40th Legisla-
ture of the State of Texas, known as Article 1105 -b of Vernonis ANNOTATED
CIVIL STATUTES OF TEAS and the Charter of the City of Corpus Christi,
Texas, under which terms, powers and provisions and said proceedings,
said improvements and assessments were had and made by said City Council.
SECTION 9. The fact that Morgan Avenue is one of the main
thoroughfares and a heavy traveled avenue of the City and the fact that it
is necessary for the safety and general welfare of the citizens of this
City that said Morgan Avenue be improved by paving and draining creates a
public emergency and an imperative public necessity requiring the suspension
of the Charter rule, that no ordinance or resolution be passed finally
on the date of its introduction, and that said ordinance or resolution
shall be read at three several meetings of the City Council, and the Mayor,
in writing, having declared that said public emergency and imperative
necessity exist, and having requested that such Charter rule be suspended,
and that this ordinance be passed finally on the date of its introduotion,
and take effect and be in full force and effect from and after its
passage, IT IS ACCORDINGLY SO ORDAINED.
i
PASSED AND APPROVED this j.�;-_ day of Ik-1-11 , A. D.
1947-
MAYOR M-
City of Corpus Christi, Texas.
ATT'ES�TT t
—City Secretary
1
APPROVED AS TO LEGAL FORMz
�� —Z'i -y Attorney
Cor us Christi, Texas
Ju _ bs ;- , 1947
TO THE MUMS OF THE CITY COUNCIL
Corpus Christi, Texas
Gentlemens
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,
City of Corpus Christi, Texas
The Charter rule was suspended by the following vote;
Wesley E. Seale
George R. Clark, Jr.
John A. Ferris
R. R. Henry
Joe T. Dawson
The above ordinance was passed by the following vote:
Wesley E. Seale
George R. Clark, Jr.
John A. Ferris
R. R. Henry
Joe T. Dawson
cl�'/ b 7