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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