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'
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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