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HomeMy WebLinkAbout02446 ORD - 01/18/1949AN ORDINANCE CLOSING THE HEARING GIVEN TO THE REAL AND TRUE MUMS OF PROPERTY ABUTTING UPON ALAMEDA STREET FRO" THE SOUTH PROPERTY LINE OF CLIFFORD STREET TO THE NORTH PROPERTY LINE OF LOUISIANA AVENUE WID TARLTON STRM FROIYS THE HEST PROPERTY LINE OF AYM STREET TO THE EAST PROPERTY LINE OF PINEDA PARK, AIM TO THE REAL AND TRDE O4RTERS TREREOF, AS TO SPECIAL BENEFITS TO ACCRUE TO SAID PROPERTY AND TEE REAL AND TRUE OWNERS THEREOF, BY VIRTUE OF TM IMPROVEPMS OF SAID STREETS 19ITHRd THE LIMITS DEFINED, AND AS TO ANY ERRORS, AND IN- VALIDITIES OR IRREGULARITIES IN ANY OF THE PROCEED- INGS OR CONTRACT TEEREFOR, OVERROL_,NG AND DENYnuG ALL PROTESTS AND OBJECTIONS OFFERED; FINDING APED DETP1it!INIt;G THAT THE PROPERTY ABUTTING UPON AL&MEDA STREET VLTHI ' THE L=TS DEFINED M. L NOT BE SP?CIALLY BENEFITED AND ENHANCED IN VALUE IN EXCESS OF THE AliOUSIT OF THE COST OF SAID IIORUV�NTS AND PROVIDING 'To ASSESS= SHALL BE LEVIED AGAINST SHE PROPERTY ABUTTING UPON ALAM' A STREET 7- 11THIN TEE LMITS DE- FINED AND PROVIDING FOR THE MAYIXR OF PAYMENT OF IGgROVELZUTS ON SAID Ar AMEDA STREW. FINDING AND DETERMINING THAT EACH AND EVERY PARCEL OF PROPERTY ABUTTING UPON SAID TARLTON STREET V11THIN TO LIMITS DEFINED WILL BE SPECLiLLY BENEFITED AND ENHANCED IN VALUE IN EXCESS OF TEE AMOUNT OF THE COST OF SAID WROVEIMTS, PROPOSED TO BE, AMID AS HEREIN ASSESSED AGAINST SAID PROPERTIES ABUTTING UPON SAID TARLTCN STREET, AND LEVYING AN ASSESSL=T FOR THE PAYLWNT OF A PORTION OF TIE COST OF IMPROVING SAID TARLTON STREET ';ITEM SAID LIMITS, FIXING A CHARGE AMID LIEN AGAINST THE PROPERTY ABUTTING UPON SAID TARLTON STREET AND TIM REAL AIM TRUE Can OR OGRMS THEREOF, PROVIDING FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES UPON THE CQE- PLETION AND ACCEPTANCE OF SAID HORS, TIE MANNER AND TIME OF PAY='T AND PROVIDING THE MANN a AND r„ =HCD OF COLLECTION OF SAID ASSESSMENTS AND CERTIFICATES, AND DECLARING AN EUKRGENCY, VEEREAS, the City Council of Corpus Christi, Texas, by duly enacted ordinance passed and approved on September 21, 1948, determined the necessity for, and ordered the improvement of Alameda Street within the limits herein- after defined, end Tarlton Street within the limits hereinafter defined, in the manner and according to the plane and specifications heretofore approved and adopted by the City Council therefor by ordinance dated December 116, 19l6S, said portions of said streets to be improved being as follows, to-wits ALAMEDA STREET from the south property line of Clifford Street to the north property line of Louisiana Avenue TARLTON STREET from the west property Line of Ayers Street to the east property line of Pineds. Park, a duly eaeouted notice of said ordinance having been filed in the name of said City with the County Clerk of Nueoes County, Texasj and, WHEREAS, said City Council of the City of Corpus Christi, Texas, sr' z�� after having advertised for and received bids on the construction of said improvements for the length of time and in the meaner and form as required by the Charter of said City and the Lawn of the State of Texas, and after having duly and regularly made appropriation of .fluids available for such purpose to cover the estimated cost of said improvements to said City, all as provided by the Corpus Christi City Charter and by law, did award a ooa- tract for the construction of said improvements to J. M. Dellinger, Inc. on its lowest and most advantageous bid and said contract has been heretofore duly executed by said City of Corpus Christi and J. L Dellinger, Ino., and is dated October 23, 19l B, and the Performance Bond required by said con- tract bas been properly furnished by said J. M. Dellinger, Inc, and accepted by said City Council of said City es to form and amount as required by the Charter of said City and the Laws of the State of Texas; and, WEERsa. the said City Council he. .—ad the Director of Public Works to prepare and file estimates of the cost of such improvements and estimates of the amount per front foot proposed to be assessed against the property abutting upon Alameda Street within the limits herein defined and Tarlton Street within the limits herein defined, to be improved, and the real and true owners thereof, and said Director of Public Works has hereto- fore filed said estimates and a statement of other matters relating thereto with said City Council, and same have been received, examined and approved by said City Covnoil; end. WIMI AS, said City Council by duly enacted ordinance dated December 14, 191-1$, did determine the necessity of levying an assessment for that portion of the cost of constructing said improvements on Alameda Street within the limits herein defined and Tarlton Street within the limits herein defined, to be paid by the abutting property and the real and true owners thereof, and did order and set a hearing to be held at 4eCC o'clock P. M. " January 4, 1949, in the Council Chamber of the City Ball 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, or any of said matter. 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 conoeraing any error, Invalidity, irregularity or defioiency 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 Counoil did by said ordinance order and direst the City Seoretary to give notioe of said hearing to the real end true owners of the property abutting upon said streets, within the limits defined, by publication In the Corpus Christi Times, the official newspaper of the City of Corpus Christi, a newspaper published in the City of Corpus Christi, Tease, of general oiroulation, said notice to be published in said newspaper at least three times prior to the date of said hearing, the first publioa- tion of which to be at least ten days prior thereto, all ae provided :Car and in acoordanoe with the provisions of said City Charter and of Chapter 106 of the Acts of the First Called Session of the 1}Oth Legislature of the State of Taxes, known and show as Article 1105 -b of Vernon's Annotated Civil Statutes of Texas= and, wMMEu4, said City Council did further order and direot amid City Seoretary, in addition to said published notice as aforesaid, whioh 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 In said Director of Publio Wor'sst mitten report, but providing that said list of apparent owners and the descriptions of said properties, so in- cluded shall be merely cumulative of and in addition to the requirements of said notion as required by law and shall not be conolusive as to the real and true owners, or the descriptions of said abutting properties, nor limit said notice to such owners named, or the properties described, but that said notice shall nevertheless be directed to the real and true owner or owners of said abutting property, whether named or oorreotly named, or said property described, or oorreotly desoribed therein or notj end, VMRM, said notice as ordered and directed by said City Council, and ea required by said Acts and Charter of said City as above identified, =a duly given by publication of same in the Corpus Christi Time, a news- paper published in the City of Corpus Christi, Texas, on December 15, 1918, December 22, 1948, and December 29, 1948, said notice eo published having included therein a list of the names of the apparent owners as set out in said Director of public worksi written report as directed in the aforesaid ordinances and, I WPBS, after due, regular and proper notice thereof, all as provided by law and the Charter of the City of Corpus Christi, said imer- ing or which "tioe was give-, wee opened and held an January 4, 1949. at 4too 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 said abovementioned persons, firms, corporations and estabas, their agents and attorneys, to be heard and to offer evidence as to all matters in accordance with said ordinance and notice, at which time the following appeared and offered the following testimony: H. H. STIWAAlT, Director of public works, appeared and in response to questions by orney testified that he was familiar with the plane and Specifications for the improvements proposed to be made upon ,Alameda Street and Tarlton Street under contract with J. M. Dellinger, Inc. and that said improvement proposed for Alameda Street consisted of the widening of the pavement of said street from the south property line of Clifford Street to the north property line of Louisiana ,avenue to a width of 56 feet from face of curb to face of curb, the paving will consist of a Lie asphaltic concrete base and a i$ asphaltic concrete surface course, that the improve- ments proposed to be made on Tarlton Street from the west property line of Ayers Street to the east property line of Pined. park to consist of a proposed 40 foot pavement from face of curb to face of curb with oon- orete curb and gutters 2 feet in width, the paving to Consist of W asphaltic concrete base with la asphal- tio concrete wearing surface, making a total thickness of 6 inches of paving, that there is an extra widening from the west property line of Ayers Street, approximately 400 feet westerly along the community center, and same would be widening of the south side of the pavement, making a total pavement width of 61 feet or 60 feet from face of curb to face of Curb. 118. HAHCLD C&R8, BhR. PP. N. 016M A BR, J, F. 11AHEFl= appeared an response to questions ty A orney each testified for himself, that he was now, end had been for a uo tber of years, engaged in real estate business in the City of Corpus Christi, that he was familiar with the real estate and property values generally in Said City, and partioulerly with Same of the properties abutting upon said streets proposed to be improved under this prooeeding, that he was familiar with the type and oharaoter of said Proposed improvements, and that in his opinion each and every parcel of property abutting upon Tarlton Street, within said limits to be improved, will be specially benefited and enhanced in value as a result of the oon- struotion of said improvements upon said Street upon which it abuts, and that the amount of Such special benefits by enhanaenent in value will be. in each instance in eanass o£ V- 63456722 per front foot of the property abutting upon Tarlton Street; and that In his opinion each and every parcel of property abutting upon Alameda Street, within ` said limits to be i%proved, will not be specially benefited and enhanced in value as a result of the oonstruation of said improvements upon the street which it abuts. MR. DMLEY TARLTON appeared and objected to tho widening of Alansda Strse and to the levying of special assessments against the properties abutting upon Alameda Street. Mr. Tarlton stated that lie represented the following property owners and entered objections for them. Mrs. Martha Ashmore Cole Street and Alameda Street Mrs. Martha Holt De1 Mar " ^ Mr. Floyd London ' Mr. J. C. London Mr. Parnot Donigan Dr. R. o. Best Naples Street and Alameda Street 1r. Parnot Doni.gan n n n n n Mr. W. S. Hutchins n n n n s Mr. Jack Grant Atlantio ' Mrs. J. D. Proctor Mr. John 800kwell Mr. J. H. MoLaren Soutbern Street & Alameda Street Mrs. r;3 .' Loyd n n Mr. T. H. Montgomery u n n n n Mr. W. R. Robertson n n n n n MR. J. H. MoLAiM testified that he-- bbjeoted to the widening of Alameda Ut—RW on tbo ground that it would considerably damage him and would be detrimental to the property owners on Alameda Street. ITS. FROGES HALED testified she waa an abutting property owner on Al emeda Street and was definitely in _favor of the widening of said street although she opposed the asseaement against the property owners. MR. BMWTT OCHER appeared and objected to the proposed assessment to be levied against his property on Tarlton Street. The hearing was recessed until Jeauery 11, 1949. On January 11. 1949, said hearing was reopened and the City Manager announced that Mr. Bennett Oeker had withdrawn his objeotion re- garding Tarlton Street. Mr. J. H. MoLarca appeared and objected to the widoni�g of Alameda Street on the grounds of damage to his property. There being no further testimony offered or any further parties appearing to be heard, upon proper motion, duly seconded and unanimously carried, the said hearing was declared olosedj and, WHEREAS, no further parties appearing and no further testimony being offered as to the speoial benefits in relation to the enhanced value of said abutting property as compared to the cost of the improvement of 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 improvements of said streets; and, VMXS S, said City Council has heard evidence as to the special benefits and enhanoed value to accrue to said abutting property, and the real and true owner or owners thereof, as compared with the cost of making said improvements on each of said streets, within the limits above defined, and has heard all parties appearing and offering testimony, together with all protests and objeotions relative to such matters and as to any errors, invalidities or irregularities in any of the proceedings and contract for said improvements, and has given a full and Pair 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 Alameda Street within the limits to be improved as herein defined, will not be enhanced in value and not specially benefited by the construction of said improvements upon the said street upon which said property abuts. Said City Council finds that each and every parcel of property abutting upon Tarlton Street, within the limits to be improved as herein defined, will be enhanced in value and specially benefited by the construo- tian of said inprovements upon the said street upon which said property abuts, in an amount in exceas of the amount of the costs of said improve- ments proposed to be, and as hereinbelow, assessed against each and every said parcel of abutting property, and the real and true owner or avmera thereof, and said City Council did consider and oorreot all errors, in- validities 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 Taws, under which these proceed- ings were being had, and the proceedings of said City Council heretofore 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 assessment. hareinbelow —de and the abarges hereby daolared against said abutting property on said Tarlton Street, 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 im- provemcnts between said abutting properties, and the real and true owner ar 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 objeotions and protests should be overruled and denied: NOW TMEEPORE. BE IT ORDAINED BY Tffis CITY uouscn OF THE CITY OF CORPUS CHRISTI, TEAS. SECTION 1. That there being no further protests or testimony for or against said improvements, said hearing granted to the real and true owners of abutting property as each of said streets, within the limits above defined, and to all persons, firms, corporations and estates owning or claim- ing 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, in regard to the improvement on Tarlton Street within the limits herein defined. SECTION 2. That the City Council hereby finds and determines upon the evidence heard in referents to cash and every parcel of property abutting upon Alameda Street within the limits above defined, that there will be no special benefits and no enhancement of value to the said property and the real and true owner or owners thereof, by virtue of the construction of said improvements to said portion of said street upon which said property abuts, and that no special assessment for the improvement of said Alameda Street shall be levied against the abutting property or the real and true owners thereof. SECTION 3. That said City council hereby finds and determines upon the evidence heard in reference to each and every parcel of property abutting upon Tarlton Street within the limits above defined, that the special benefits in the eahanoed value to accrue to said property and the real and true owner or owners thereof, by virtue of the construction of said improvements in said portions of said street upon which Raid property abuts, will be in excess of the amount of the costa of said improvements se proposed to be, and as herein, assessed against said abutting property and the real and true owner or owners thereof, and finds that the apportion- ment or the Costa of Raid improvements, and that the assessments hersinbelow made, are just and equitable and produce substantial equality, considering the benefits received and the burdens imposed thereby, and are in accordance with the lams of the State of Taxes, 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 the said City Council. SECTION LN That in pursuance of said ordiname, duly enacted, by said City Councils authorizing and ordering the improvement of Tarlton Street, within the limits hereinabove named and defined, and in pursuance of said proceedings heretofore had and enacted by said City Counoil 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 amid City, with particular reference to Chapter 106 of the Acts of the First Called Session of the lath Legislature of the State of Texas, lcaown and shown es Article 1105 -b of Vernon's Annotated Civil Statutes of Texas, as emended, there shall be, and is hereby levied, assessed and taxed against the respective parcels of property abutting upon said portion of said street, and against the real and true Owners thereofs whether suoh real and true owner or owners be named or correctly named herein or not, the several sums of money hereinbelow mentioned end itemized opposite the description of the respective parcels of Said property, the number of front feet of each and the several emmcunta assessed against Same and the real and true owner or owners thereof, and names of the apparent owners thereof, all as corrected and adjusted by said City Councils being as follows, to -mit. x r' PAVING AaSE$M`3+T x from the a or � sumit, to t3. MA bmmdoy ice! or Pineda Pam Pavement "Phalt3.e COW- Baal 1ja Asphaltio Corm. SuTfam J. 0. DaLtz%ar, tno. Con #actor Contract Date October 19139 140, - 0Bo Face of ouro to ram of t uirb Ft.. Roadway Curb cost per lineal foot 0'90 5.1345872 Sidewalk coat 0. Paving rate per froat.foot per sq. foot 1.b0 Sidewalk rata nez fioiit fee+ Propu'ty 0� Ne a of Addition Block Number Lot ..Number Property Finatage Paving Cost. Sidewd k LM a Sid..& Coat Cui 'r Lin. Ft - Cnrb� 3'otd Amount frav9 a solmout Park 7.50 1322.16 40 64.00 52.4 47.14 Ta7:]er G attar 257 U5,45 P90.77 C. C. Ind. X01 li1$t. e e 264.21 1$56.a 9a11ear cattw 421. 8. X5.46 c. .00 3337.4 r 650.00 .0p 650. OW Drug® GOLUM 586.W 27.40 370.23 9 ty of ChrS41 9.23 6549.32 59.17 145. 31.23 6758.72 + ty of COQ AlztL't3 5torva Sew 5726.90 Sub Totid Fccgineering Diviefon� - -= �W.,, +��u Compiled 5.1..5. Checked iNAL,_PAVING ASSESSMENT ProPm9 Owner N Name of Addition B Block L Lot P ProP9 P Paving S Sdewallr S Sidewalk C Curb C Curb` T Total A t gati]Aa Coker f float hwk 6 682.52 3 35G -46 3 332.52 5 532.03 6 621.35 5 559. W W954 NEUIda. poker M Matra M d dth P Total S SMOG, rP apse Engineering Division Compiled Cheaked SECTION 5. BE IT FURTHER ORDAINED. That in the event the actual frontage of any property herein assessed shall be found upon the completion of said improvements to be greater or less than the number of feet herein - above stated, the assessments herein 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 u the whole number of front feet of property actually improved in a000rdeaoe 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 Tarlton Street 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 determined to be just and equitable and to produce a substantial equality, having in view the special benefits to be received and the burdens imposed thereby; and it is further ordained that upon final completion and acceptance of said improvements, on Tarlton Street all csrti- fioatee hereinafter provided for, issued to evidence said assessments against said parcels of property abutting upon Tarlton Street, and the real and true owner or owners thereof, shall be issued in accordance with, and shall evi- dence the actual frontage of said property end the actual cost of said im- provements, 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 "case of front footage over the amount hereinabove stated, such actual coat and such mot-- number of front feet, if different from that heroin, Ova shown in Section 4 hereof, to be determined by the Director of Public Works upon completion of said work on Tarlton Street and the finding of said Director of Public Works shall be final and binding upon all parties concerned. SECTION 6. That the several aums mentioned above in Section 4 hereof assessed against said parcels of property abutting on Tarlton Street, and the real and true owner or owners thereof, whether named or correctly named herein or not, subjeot to the provisions of Section 5 hereof, together with interest thereon at the rate of five (5 %) par cent per ann= with reasonable attorney's fees and all costs and expense of collection, if incurred, are hereby declared to be and made a first and prior lien upon the respective parcels of property, against which same are assessed from and after the date said improvements were ordered by said City Council, to -mite September 21, 1949, mud 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, and that said lien shall be and constitute the first and prior enforcible claim against the property assessed and shall be a first and paramount lien superior to all other lions, claims or titles, except for lawful ad valorem taxes; and that the stns so assessbd sball be payable as follows, to -,wits in five (5) equal installments, the first of which will be payable on or before twenty (20) days after the completion of said improvements in the street upon which the respective property abuts, and acceptance thereof by the said City Council, the four (4) remaining installments to be due end payable, respectively, one (1), two (2), three (3) and four (4) years from and after said date of ....ptenoe, deferred payment. to bear interest from said date of aoceptanca at the rate of five (5%) per cent per a , payable annually concurrently with each of said installments; past due installments of principal and interest to bear interest at the same rate per am= until paid; provided, however, that any owner of such property shall hays the right to pay off the entire amount of any such aseesamout, or any dnstall- ment 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 J. 1G. Dellinger, Inc., or its assigns, be, and become immedi- ately due and payable and shall be collectible, together with reasonable attorney's fees and all costs and expenses of collection if incurred. SECTION 7. That the City of Corpus Christi shall not in any manner be liable for the payment of any sums hereby validly assessed again.t any abutting property, and the real and true owner or owners thereof, but J. 1i. Dellinger, Inc., shall look solely to such property, and the real and true owner or owners thereof, for the payment of the auras validly assessed against said respective parcels of property, but said City shall be obligated to furnish J. 1L Dellinger, Inc.,valid assessments and assessment certificates and shall exercise all of its lawful powers and aid in the enforcement and collection of said liens and assessments; and if default shall be made in the payment of any of said some herein assessed against the said parcels of ProPerty, and the real and true owner or owners thereof, collection thereof shall be enforced, at the option of said J. Pi. Dellinger, 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 8. That for the purpose of evidencing said assessments. the liana securing $ame and the several sums assessed against the said paroCla of property and the real and true oamer or owners thereof, and the time and tarps of payment, and to aid in the enforcement thereof, assignable eertifi- Cates shall be iseued by the City of Corpus Christi, Taxers, to J. X. Dellinger, Zns., upon the completion of said improvements in eaoh of said streets and acceptance thereof by said City Council, eloh certificates shall be executed by the Mayor in the name of the City, attested by the City Secretary with the corporate seal of said City, and which oertifioates 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 a rs as aoourately as possible, and the description of the property assessed by lot and block number, or front foot thereof, or such other description as may otherwise identify the Same, and if the said property shall be e—d by an estate or firm, than to so state the fact shall be suffi- cient, and no error or mistake in describing any such property or in giving the name of any owner or ormers, 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 J, U. Dellinger, Imo., 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 attor- neys face and all expenses and costa of Collection, if incurred, and said certifioato 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, ex- cept for lawful ad valorem taxes, from and after the date said improvements were ordered by said City Council, to-wit, September 21, 1948, and shall provide in effect that if default shall be made in the payment thereof, the same may be enforced, at the option or J. M. Dellinger, Inc., or its assigns, with 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 affect that all the proceedings with reference to malting 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 fining of the assessment lien against the property therein described, or attempted to be described, and the personal liability of the real and true owner or owners thereof, evidenced by such certificates, have been regularly done and performed, which recitals shall be evidence of all the natters and facts so recited and no further proof thereof shall be required in any court. That the said certificates may have coupons attached thereto in evidence of each or any of the several installments thereof, whioh 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 9. That all such assessments levied are a personal liability and charge against the real and true owner or owners of the property described, or attempted to be described, notwithstanding such owner or owners may not be named or correctly named, and any irregularity in the name of the property owner, or the description of any property or the amount of any assessment, or in any other matter or thing shall not in anywise invalidate or impair any assessment levied hereby or 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 required to be, to be enforcible, corrected at any time by the City COmmoil of the City Of Corpus Christi, Texas. a Cher, that the omission of said improvements in front of any particular parool of property abutting upon Tarlton Street, which is exempt from the lion of said assess- ment, shall in nowise affect or impair the validity of assessments against the other parcels of property abutting upon said street; and that the total amounts assessed against the respective parcels of property abutting upon said street, within the limits herein defined, and the real and true owner or ouners thereof, are the same as, or less than, the estimates of said assessmento prepared by the Director of .Public .Yorke and approved and adopted by said City Council and are in accordance with the proceedings of the 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 Isgislature of the State of Texas, k-- se Article 1105 -b of Vernon's Annotated Civil Statutes of Texas and the Charter of the City of Corpus Christi, Texas, under which terms, powers and provisions said proceedings, said improvements and assessments were had and made by said City Council. SF,CTIOPv 10. It is further ordained that Alameda Street shall be improved in accordance with the plans and specifications prepared by the Director of Public Works and that the total costs of improvements on Alameda Street shall be paid by the City of Corpus Christi out of Street Improvement Construction Pund Bonds Series 1948, and no assessment shall be levied against the property owners abutting upon Alameda Street. SECTION 11. The fact that there are no permanent street improve- ments on Tarlton Street, within the limits above defined and that such Tarlton and Alameda Streets have become important thoroughfares and eonneot� important thoroughfares and the fact that the present condition of the streets is 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 suspended, and that this Ordinance be passed finally on the date of its introduotion, and that this ordineaoa take effeot and be in fall force and effeot from and after its passage, IT IS SO ORDAINED, PASSED AHD APPROVED this the_Zj day of January, A. D. 19499. ATTESTS ty s s//t$� APPROVIM O LsT'GAL 3''ORPds ;Tit 0 ity Attorn City of Corpus Christi, Texas Corpus Christi, Texas January, 1949 TO TEE BOMBERS OF THE CITY COUNC31 Corpus Christi, Texas Gentlemen: For the reasons set forth in the emergency clause of the fore- going ordinance, a public emergency and imperative necessity exist for the suspension of the Charter rule or requirement that no ordinance or resolu- tion shell be passed finally on the date it is introduced, _a tart such ordinance or resolution shell be read at three meetings of the City Counoil, I, therefore, hereby request that you suspend said Charter rule or require- ment and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, MMeR City of Corpus Christi, Texas The Charter rule was suspended by the following votes M—ley E. Seale George R. Clark, Jr. John A. Ferris R. R. Henry Joe T. Dawson The above ordinenoo was passed by the follow' voter Wesley E. Beale George R. Clark, Jr. John A. Farris R. R. Henry Joe T. Dawson 7_q4 p