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Home My WebLink About03305 ORD - 08/12/1952-r 03 j o _S-- AN ORDINANCE APPROVING AND ADOPTING THE- DIRECTOR OF PUBLIC WORRSI WRITTEN STATENENT AND REPORT OF THE ESTIMATES OF THE VARIOUS COSTS FOR THE 124PROVENENT OF AYERS STREET FROM THE NORTHEAST PROPERTY LINE OF BALDW N BOULEVARD TO THE SOUTHWEST PROPERTY LINE OF NORTON STREET, AND THE STATEMENTS OF THE NAMES OF THE APPARENT OWNERS, DESCRIPTIONS AND NUMBER OF FRONT FEET OF ABUTTING PROPERTY ON SAID STREET, WITHIN SAID LIMITS; DETERVINIM AND FIXING THE PORTION OF SAID COSTS, AND THE RATE THEREOF, TO BE PAID BY AND ASSESSED AGAINST SAID ABUTTING PROPERTY, AND THE REAL AND TRUE OW`NKRS THEREOF, AND THE PORTION THEREOKTO BE PAID BY THE CITY OF CORPUS CHRISTI; AM DETERMINING THE NECESSITY OF LEVYING AN ASSESSMENT AGAINST SAID ABUTTING PROPERTY, AND THE REAL AND TRUE OWNERS THEREOF FOR THE PART OF SAID COST APP0 4 TIONED TO THEM; ORDERING AND SETTING A HEARING AT • OICLOCK' P M. ON THE 9TH DAY OF SEPTEMBER . 1952, IN THE CITY COUNCIL CHANBER OF THE CITY R4LL OF CORPUS CHRISTI, TEXAS, AS THE TIME AND PLACE FOR A HEARING OF THE REAL AND TRUE OWNERS OF SAID ABUTTING PROPERTY, AND ALL OTHERS INTERESTED IN SAID PROPERTY OR IN SAID PROCEEDINGS CONCERNING SAID ASSESMNTS AND. PROCEEDING; DIRECTING THE CITY OF CORPUS CHRISTI TO GIVE NOTICE OF SAID HEARING AS REQUIRED BY THE LAWS OF THE STATE OF TEXAS AND THE CHARTER OF THE CITr OF CORPUS CHRISTI; AND FURTHER DIRECTING SAID CITY SECRETARY, IN ADDITION TO THE CONTENTS OF THIS NOTICE OF SAID HEARING AS REQUIRED BY LAW, WHICH SHALL BE VALID AND SUFFICIENT IN 1TSELF, TO INCLUDE THEREIN A LIST OF THE APPARENT OWNERS AND DESCRIPTIONS OF SAID ABUTTING PROPERTY AS SET OUT IN SAID REPORT OF THE DIRECTOR OF PUBLIC WORKS AND PROVIDING THAT SAID LIST OF APPARENT OInMS SHALL NOT BE CONCLUSIVE OF SAID OW1228iIP AND SHALL NOT LIEU SAID NOTICE TO SUCH OMERS NAMED OR THE PROPERTIES DESCRIBED, AND THE SAID NOTICE SHALL NEVERTHELESS BE DIRECTED TO THE REAL AND TRUE 01OMS OF SAID ABUTTING PROPERTY, WHETHER NAMED OR CORRECTLY NA14;D OR NOT; AND DECLARING AN ENERGEICY. WHEREAS, the City Council of the City of Corpus Christi, Texas, heretofore on AUGUST 12 , 1952, by duly enacted ordinance deter- mined the necessity for, and ordered the improvement of Ayers Street, within the Limits hereinbelow defined, said portion of said street to be improved, being as follows, to -wit: Ayers Street from the Northeast property line of Baldwin Boulevard to the Southwest property line of Norton Street, a duly executed notice of said ordinance having thereafter been filed in the name of said City with the County Clerk of'Nueces County, Texas; and 3 505 WHEREAS, said City Council of the City of Corpus Christi having advertised for and received bids on the construction of said improvements for the length of time and in the manner and form required by the Charter of said City and the laws of the State of Terms, and also having duly and regularly made appropriations of funds available for such purpose to cover the estimated cost to said City of said improverents, all as provided by the Corpus Christi City Charter, and by —laws, did award a contract for the c alstruction of said improvements to J. M. Dellinger, Inc., on its lowest and most advantageous bid, and said contract having been heretofore duly executed by the City of Corpus Christi, Texas, and J. M. Dellinger, Inc., and dated AUGUST 12 1952, and the Performance Bond required by said contract having been properly furnished and posted by said J. M. Dellinger, Inc. and accepted by said City Council of said City as to form and amount as required by the Charter of said City and the laws of the State of Texas; and, WfUMS, the said 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 street to be improved, and the real and true owners thereof, and said Director of Public Works has heretofore filed said estimates and a statement of other matters relating thereto, with said City Council, the same having been received and examined by the seal City Council; and, UMMAS, in accordance with said statement of estimates and other matters prepared and filed by said Director of Public Works, herein approved by said City Council, the total estimated cost of the whole improve- ment of Dyers Street, within the limits above defined, is $7144,0$2.92; the estimated amount per front foot to be assessed against each abutting property and the real and true owners thereof for curbs on Ayers Street, within the limits above defined, is $0.75 per front foot; the estimated amount per front foot to be assessed against each abutting property, and the real and true owners thereof, for construction of said improvements on Ayers Street, within the limits above defined, exclusive of curbs, is $9.03678 per front foot; the total estimated amount per front foot to be assessed against each abutting property, and the real and true owners thereof, for construction of said improvements on Ayers Street, within the limits above defined, is $9.78678 per front foot; the total estimated amount of the cost of said improvements on Ayers Street, within the limits above defined, to be assessed against the abutting property, and the real and true owners thereof, is X667,03$.86; and the total esti- mated amount of the cost of said improvements on Ayers Street, within the limits above defined, exclusive of engineering and contingencies, to be paid by the City of Corpus Christi is 377,044.06; and WHEREAS, according to said written statement of said Director of Public Works, the names of the apparent owners of said abutting property and the number of front feet owned by each, the description of their property, the amount proposed to be assessed 'against each abutting property and the real and true owners thereof and other matters contained in said statements, are as follows, to-wit: , pll'`. July 29, 1952 Tot THE MAYOR AND CITY COUNCIL FROYs H. H. STIRMAN, DIRECTOR OF PUBUG W=S Herewith submitted is ownership roll showing the name of apparent owners of abutting property on Ayers Street from the northeast boundary line of Baldwin Boulevard to the southwest boundary line of Norton Street, the number of front feet owned by each, the description of their property, and the amount proposed to be assessed against each abutting property and the real and true owners thereof. The roll also note out the estimate of cost and amounts of assessments. Total estimated cost of whole . improvement within the ]inns defined as followas Northeast property line Baldwin Blvd. to southwest pmperV line of Norton Street $344,082.92 Estimated amount per front foot proposed to be assessed againa� each abutting property and the real and true owner between northeast property line of Baldwin Boulevard and southmat property line of Norton Street thereof for curbs 0,75 Betimated amount per front foot proposed to be aassased against each abutting property and thw real and true owner thereof between northeast property line of Baldwin Boulevard and southwest property line of Norton Street for paving exclusive of curbs 9.0367$ "I*e Total estimated amount per front foot proposed to be assessed against each abutting property and the real and true owner thereof between northeast property line of Baldwin Boulevard and southwest property line of Wrton Street 9.78678 Estimated total amount of adjusted assessments $67,03806 Metimatsd total cost of the project to the Gity of Corpus Christi exclusive of Engineering and Contingencies $77,044.06 approved R. U. Lo City )tanager Respectfully submitted, t:r an, Director of Public Yorks PREUP9INAR.Y PAVING ASSESSMENT ..1. AYFILS STRr"C,T PAVIIM from THE NORTHEAST MOPM7Y LINE OF RUDWIN BOULEVARD TO SMTM VMT LtIu. OF NORTON STREET. Pavement J. IL Dol7inaer, Inc. Contractor Contract Date - 560 Face of curb to Pace of curb -Ft.. Roadway Club cost per lineal foot 40.75 €9.03678 Paving rate per front foot Sidewalk cost per sq. foot_ _8000 Sidewalk rate per front foot Property Owner Name of Addition Block Number Lot Number Property Frontage Paving Cost Sidewalk Lin. Ft. Sidewalk Cost Curb-&Gaet"e Lin. Ft Curb-&- GiAter Cost Total Amount RUMM BOULEOA M INTERS ACTION To P. UcCord, Trustee (9M) T. P. McCord Tract 754,00 56,25 7360 •OD 7. To P. McCord, Trustee (N) Dahlia Terrace 1 1,20#65,6 359 #77 3N57o16 359.77 269.83 3520.9 Ty P6 McCord, Trustee (I7) Dahlia Terrace 1 7, 8 120.00 io84.41 120.00 90.00 1174.4 DAHWA E IN ECTI 119x,96 1084#05 T. P, idCCord 07) Dahlia Terrace 8 .Business Block 119,96 89997 1174.0 rERN DRIVE INTE, ISBOTION 120o00 108641 T. P. McCord, Trustee (17) Dahlia Terrace 2 7, 8 120,00 90.00 1174.4 1• P. Mccord, Trustee (W) Dahlia Terrace 2 6 60400 542.21 60.00 45.00 587.2 Eunice McCord Sims (i7) Dahlia Terrace 2 5 Wow 54421 60600 45 #00 587.2 Dahlia McCord Carpenter (17) Dahlia Terrace 2 4 60 #00 542 #21 60900 45.00 587.2 Ina McCord Killian (17) Dahlia Terrace 2 3 60x00 542,21 60 #00 45e00 587,2 Mrs. Annie Reid (W) Dahlia Terrace 2 2 60.00 542.21 6000 45.00 587 #2 Ina McCord Killian (19) Dahlia Terrace 2 1 60.17 543.74 60,17 45 #13 588#8 C#C. Housing Authority (s7) La Armada #3 329058 2978 #34 329.58 247.18 3225 #5 'Ulf Oil Corporation (W) Pineda Park #2 12 20,21 120600 708641 10811,11 Public Works Dept., Corpus Christi, Texas Engineering Division Compiled TUX Checked r.TX L 1° 1 L L 1 L :n FRELUMUM PAVING ASSESSMENT 02.. AYERS STREET PAVING from THE NORTHEAST PROPERTY LING OF HAIDWIN:BOObEVAHD TO SOUTHAEST LINE OF NOTION 37RY P Pavement J.- 1d.'De173ng@�i Tmo Contractor Contract Date 56+ Face of mwb to face of wrb Ft.. Roadway Curb cost per lineal foot_ 40.75 0%03678 Paving rate per front foot Sidewalk cost per aq. foot $01,00 Sidewalk rate per front foot Property Owner Name of Addition Block Number Lot Number Property Frontage Paving Cost Sidewalk Lim Ft. Sidewalk Cost CA&SUM r Lim Ft. Curb--&w ^- a= Cost Total Amount 1�ERbi IM ONMON CONT 45945 4155,$6 Del Iar College (B) 39,92 29,94 4185.5 Del Mw College (E) Southmarreland Add, 1 12P 13 279.90 2529,40 279190 209192 2739,3 &GEAR S MEET 3NIMSOMOO ' 139,95 1264.70 sinclasr Refining Co. (E) Sontbnorolani Add, 2 12 139x95 104896 1369.6 J. o. WCW (L) Soutbmreland 2 N 800 13 80,00 722.94 80x00 60900 782,91 4 E. Behriend (E) 'Southmoreland 2 S 59.95• of 13 59.95 541.75 59.95 4696 596.7: CARTER TRHET ISTERSECTICK 139.95 1264.70 ►. 0. Gusean (E) Southmoreland 3 12 139.95 1o496 1369.6 t, $ Given (E) Southmorelana 3 13 139.95 1264e7o 139.95 104.96 3,369.6r a Tanyam 5 STREET INTERSECI Ion 139.95 1264.70 J� F. Goforth (E) Sonthnloreland 4 12 139995 4896 1369,61 J. A, Talbert (E) ). T. Talbert (E) Southwrel A Southmorelard 4 4 N 100.95' of 13 S 39' 13 loo,95 39.00 912.26 352.43 100 .95 39.00 75.71 29.25 987 :9' 381,bi Public Works Dept., Corpus Christi, Texas Engineering Division Compiled Checked PRL+TI)dINABY PAVING ASSESSMENT A= 4=9 P Qit10 from mire ruMTHFL T t'RfliMM LT= 6V RA¢UMN MilXAM TO SOUTHiMST LINO OF NORTON STREET Pavement T U.DeTIinOr_ Tno, Contractor Contract Date 561 Paco of mrrh to faan n4 om-h Ft.. Roadway Club cost per lineal foot 40475 "I'a *036778 Paving rate per front foot Sidewalk cost per sq. foot ;EY1 rate per front foot Property Owner Name of Addition Block Number Lot Number Property Frontage Paving Cost Sidewalk Lin. Ft. Sidewalk Cost Curb 6TQ , Lin, Ft Curb -& Sees, Cos Total Amount SE= 7Ri+xsi PffifSECTI N 69497 632,30 6. 04 0rey,s;.. - (E) SontbOOreland 5 N }'of 12 69.97 52.48 684„7 4 C. Beasley (E) SoutttmoreUnsl 5 s of 12 69.97, 632x30 69.97 5448 68447 S. H. shamoon (E) Sonth=Mland 5 N of 13 69.97 63200 69.97 52.48 6867 7. H. Johnson (E) SouWvwoland 5 S of 33 69.97 632.30 69.97 52.48 6867 87RUET INTRRSEO ION 139.95 1264.,70 ;rystel Petroleum. Co. (E) Southatareland 6 IZ 139e95 10696 736996 3umbl.e Oil & Ref. Co. (E) Southmoreland 6 13 139.95 1264.70 -- 1264,7 34 E, Bmtt (W) Pinsda Sark #2 14 9 & 10 120900 108641 320,00 90,00 1174+14 H. T. Butt (>ar) 330800 298414 330.00 247.50 322946 4 Co Theatres, Into. (W) 300 ;00, 2717x03 300`400 225,00 2936.0 TARLETON STREET ' IMWHCT ON 13%95 7264170 Yagno3ia Patrols= Co. (E) SouthmorolMid- 7 12 __." -=--+ 1264.7 Phillip Vassad Southmoreland 7 79.95° 79195 722#49 79.95 59.96 782.4 of 4. Fiw* Braelau (E) Southmoreland 7 60, 14 60x00 542.21 60,00 45,o0 587.2 Public Works Dept., Corpus Christi, Texas. Fugineering Division Compiled ELK Checked rzr;R PRi LIMNS PAVING ASSESSMENT -4. AXW STRm PA9INa from TO NOETHOST PROPERTY LIM OF SALDNTN 13DUL�Ar� To SMTHi9E,9T 111ru OF NORTON STRESTA Pavement J. b(. Contractor Contract Date $6* FAW of awb to face of curb . Ft.. Roadway Curb cost per lineal foot 30a75 Sidewalk cost per sq. foot 60600 -1 . • - 3%03678 Paving rate per front foot rate per front foot Property Owner Name of Addition Block Number Lot Number Property Frontage Paving Cost Sidewalk Lin. Ft. Sidewalk Cost Cur Lin. Ft Curb$' Cost Total Amount B=ns SM= INPBRS150 ION 139.95 3264,70 Wtn. E. lvasenshsin (S) SouthmWeland 8 12 139:95 104:96 1369:61 Urs's P. L.;Ash1W (E) Southmorelund 8 N 694970 69.97 632:30 69#97 52:48 6840-71 of'13 Il0 16 Nicholson (E) Soutbmoreland 8 S 69.97 69.97 632.30 69:97 52:48 684:7 of 13 RICHU 3 STRENT MUMS= ION 13905 12Q00 RV. Peter®on. ' -. • (E) Sonthmare3,and 9 12 139495 104:96 1369.61 AA Rb UOI ansy (E) 8outbmoro1ar4' 9 13 139,:95 1264070 13905 101#96 136916! Bennett 00ker (W.) Delmont Park 4 14 & 15 99:52 899:34 99152 74.64 9730-91 . Bennett &-ifelvin 00ker (W) Belmont Park 4 9#30#11, 250!00 2259:20 MOD 187050 2446,7( 12,13 Arnold & M=7 Oak- (W) Belmont Park 4 7 & 8 100.00 903.68 100,.00 75.00 978.61 B„ R. Russell (F!) Belnwnt Park 4 6 50,00 4514 50.00 37#50 489x31 kaa J. P, Martin MA Ea R. Russell (W) Delmont Park 4 4 & 5 100.00 903,68 1000-00 750-00 978.6f grsb J. P. Martin (W) Belmnt Park 4 3 50.00 451.84 56,00 37#50 489 #31 Public Works Dept., Corpus Christi, Texas Engineering Division Compiled im * _ Checked RM PRFrLIiaKw PAVING ASSESSMENT n A'YERS STR= PA'VIM from 7113 NOHTHMT PROPERTY LINE OF BALDWIN BWLBVAM TO SOITHiWT LINE OF XMTON STBEET., Pavement .T.�t. ^T3t.�ling�' Ine::1 Contractor Contract Date 564 Ease nP curb to face of curb Ft.. Roadway Curb cost per lineal foot SO.75 . $9ff78 Paving rate per front foot Sidewalk cost per sq. foot 60 -00 Sidewalk rate per front foot Property Owner Name of Addition Block Number Lot Number Property Frontage Paving Cost Sidewalk Lin. Ft Sidewalk Cost C.r6396.u.r Lin. Ft Curb&- Cost Total Amount RICHA STREET INTERMC TON (COP TIMM 8000 72494 Bennett Poker (17) Bolalont,Park 4 1 "& 2 80.00 60000 7824 TON IKU & 01MOR SME34 INTERSEC ION Y 13945 126670 Christie Lntbaran Churoh (E ) Solathmorelaand 10 12 139.95 10696 1369.E Hazel Calvin (E) Santhmoreland 10 13 139:95 126670 139.95 104:96 1369,E WATSON TR+ ECTI N 119*95 1083.96 Frank De Combee (E) Soathmoreland 11 1 . 119.95 89.96 1173.5 Bennett Ockar 01) 2 1,2,3,4,5 6,7,8,9 450.00 4066p55 450*W 337.50 44044 NORTON STRF.i;T I WOOTION 6912:77 2,469:18 Project Totals ....................................... ....... 2.�4 1669.68 67,038, Cost ,of iraprasasants — Bal& in Blvd. to Norton Itreet ImIusive .... #144 082„92 Cost to all property ownere ..........0 .............. I ............. 67 03806 Direct Coat to City .............................................. TM MM.o6 EngLneering and ContinRenci................ .... ....... .. 11i 408.29 Total:Coat of Project to Ci ................ ..... ............ r 91 .35 Public Works Dept., Corpus Christi, Texas Engineering Division Compiled RUC Checked ctan NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY CF COEPUS CHRISTI, TEXAS: SECTION 1. That the written statement and report of the Director of Public Works heretofore filed with the City Council, showing the estimated total cost of the whole improvement of said Ayers Street, within the limits above defined; the estimated total cost per front foot. proposed to be assessed against each abutting property, and the real and true owners thereof, for curb; the estimated total cost per front foot to be assessed against each abutting property, and the real and true owners thereof, for construction of said improvements on Dyers Street, within the limits above defined, exclusive of curbs; the total estimated amount per front foot to be assessed against each abutting property, and the real and true owners thereof, for construction of said improvements on Dyers Street, within the limits above defined; the total estimated amount of the cost of said improvements on Ayers Street, within the limits above defined, to be assessed against the abutting property, and the real and true owners there- of; and the total estimated amount of the cost of said improvements on Ayers Street, within the limits above defined, exclusive of engineering and contingencies, to be paid by the City of Corpus Christi; the names of the apparent comers of the property abutting on said street within the limits above defined, with the number of front feet owned by each and the description of property and other matters relative thereto, having been received and examined by the City Council, said report is hereby in all things approved and adopted. SECTION 2. That it is hereby found and determined that the total estimated cost of the vhole improvement of Ayers Street, within the limits above defined, is $$144,082.92; the estimated amount per front foot to be assessed against each abutting property, and the real and true owners thereof, for curbs on Dyers Street, within the limits above defined, is 30.75 per front foot; the estimated amount per front foot to be assessed against each abutting property, and the real and true owners thereof, for construction of said improvements on Ayers Street, within the limits above defined, exclusive of curbs, is $9.03678 per front foot; the total estimated amount per front foot to be assessed against each abutting property, and the real and true owners thereof, for construction of said improvements on Dyers Street, within the limits above defined, is 09.78678 per front foot; the total estimated amount of the cost of said improvements on Dyers Street, within the limits above defined, to be assessed against the abutting property, and the real and true owners thereof, is $67,038.86; and the total estimated amount of the cost of said improvements on Dyers Street, within the limits above defined, exclusive of engineering and contingencies, to be paid by the City of Corpus Christi is $77,044.06. •SECTION 3. That a portion of the cost of said improvements shall be paid'and defrayed by the City of Corpus Christi, .Texas, that a portion of the cost of said improvements shall be paid by and assessed against the property abutting upon said street, within the limits above defined, and against the real and true owners thereof in accordance with, and in a manner provided by, the Charter of the City of Corpus Christi, Texas, and by the Acts of the 40th Legislature of the State of Texas, First Called Session, Chapter 106, and known and shown as Article 1105 —b of Vernonts Annotated Civil Statutes of Texas, and that the total cost of said improvements shall be, and are hereby, apportioned between said parties and shall be paid and defrayed as follows: (a) The cost of constructing, reconstructing or repairing said improvements within the area between and under rails, tracks; double tracks, turnouts, and switches, and two feet on each side thereof, of any railway, street railway or interurban, using, occupying or crossing such street or portion thereof hereby ordered and approved, shall be paid by the respective owners thereof and assessed against such railway, street railway, or interurban, and its roadbed, ties, rails, fixtures, rights and franchises, and the real and true owners thereof, in the manner provided by the terms of the City Charter of the City of Corpus Christi, 'texas, and by said Acts of the 40th Legislature of the State of Texas, (1927), above identified. (b) The City of Corpus Christi shall pay the whole cost of construction, reconstruction or repair of the curbs within the intersections of said street with other streets and alleys and shall pay not less than one -tenth (1 /10th) of the total remaining cost of said improvements on said street, exclusive of the cost of the curbs in front of the respective properties abutting upon said street, said costs being in the amounts as ` hereinabove set out in Section 2 hereof. , (c) The property abutting upon said street, within the limits above defined, and the real and true owners thereof, shall be assessed and pay for the total cost of constructing, reconstructing or repairing, as the same may be, of curbs in front of their respective properties, and sball pay all of the remaining cost of said improvements on the street upon which they abut, exclusive of the amount thereof herein specified to be paid by ary railway, street railway, or interurban, as set out in Sub - section (a) above, and by the City of Corpus Christi, as set out in Sub- section (b) above, and inclusive of the costs of all incidentals and appurtenances. However, such remaining costs to be assessed against and paid by abutting property and the real and true owners thereof shall not in any case exceed nine- tenths (9 /10ths) of the total costs of said improve- ments on the street upon which they abut, exclusive of the cost of curbs, said costs being at the rate of, and in the amourits hereinabove set out in Section 2 hereof. The amounts payable by the abutting property and the real and true owners thereof shall be assessed against such abutting property and the real and true owners thereof, and shall constitute a first and prior lien upon such abutting property and a personal liability of the real and true owners thereof; provided, however, that no amount shall be assessed against such abutting property or the real and true owners thereof in f: excess of the benefitsto said property in the enhanced value thereof by reason of said improvements on the street upon which it abuts, and that said cost which may be assessed against such property and its real and true owners shall be in accordance with the FRONT FOOT RULE C3 PLAN in proportion as the frontage of such property is to the frontage to be improved, provided that, if it shall appear at the hearing on special benefits, hereinafter provided for, that the application of such rule or plan will result in inequality or injustice, then such rule of appor- tionment shall be applied as will in the judgment of the City Council produce substantial justice and equality between respective parcels of property and the real and true owners thereof, considering the special benefits in enhanced value: to be received and burdens unposed, all in accordance with and as provided for in said City Charter and the said Acts of the 40th Legislature of the State of Texas, First Called Session, Chapter 106, as hereinabove identified. That the amounts payable by the real and true owners of said abutting property shall be paid and become payable in five (5) equal annual installments, the first of which shall be due and payable twenty (20) days after the date said improvements are completed and accepted by the said City Council, and the remaining four (4) installments to be due and payable, respectively, one (1), two (2), three (3) and four (4) years from and after the date of such acceptance and bearing interest at the rate of five percent (5 %) per annum from said date of acceptance, payable annually; provided, however, that the ozmers of said property shall have the privilege of pay- ing any one of, or all of, such installments at any time before maturity thereof by paying the total amount of principal due, together with interest accrued, to the date of payment; further, that if default be made in payment of any such installments of principal or interest promptly as same matures, then at the option of the contractor or assigns the entire amount of the assessment upon which such default is wade shall be and becane due and payable together with reasonable attorneyts fees and collection costs, if incurred. SECTION 4. That a hearing be given to the real and true owners and all owning or claiming any interest in ar7 property abutting upon said portions of said street, within the limits above defined, and to all others owning, claiming or interested in said property, or arty of said matters as to the assessments and to the amount to be assessed against each parcel of property and the real and true owners thereof, and as to the special benefits to said property to be received from said improvements, if any, or concern- ing any error, invalidity, irregularity or deficiency in arty proceedings or contract with reference thereto, or concerning arty matter ob thing connected therewith, which hearing shell be held by the City Council of said City in the Council Chamber of the City Hall of the City of Corpus Christi, Texas, atM 4 o'clock P M. on the 9TH day of SEPTEMBER A. D., 1952, at which time all pers ms, firms, corporations, or estates, owning or claiming any such abutting property, or any interest therein, and their agents or attorneys, or persons interested in said proceedings are notified to appear and to be heard in person or by counsel and may offer evidence; and said hearing shalt be adjourned from day to day and from time to time and kept open until all persons, evidence and protests have been duly heard; and the City Secretary of the City of Corpus Christi, Texas, is hereby directed to give notice of said hearing by publication in the CORPUS CHRISTI TIMtS, the official newspaper of the City of Corpus Christi, Texas, which is a newspaper of general circulation in the City of Corpus Christi, Texas; and said notice shall be published at least three times in said newspaper before the date set for said hearing, the first of which publications shall be at least ten days prior to the date of said hearing, and such notice by publication shell be va;i.d and sufficient without any further form of notice, as provided for and in accordance with the terms and provisions of said City Charter and of Chapter 106 of the Acts of the First Called Session of the 40th Legislature of the State of Texas, known and shown as Article 1105 -b of Vernon's Annotated Civil Statutes of Texas; however, said City Secretary is further directed, in addition to the contents of the notice of said hearing as required by law, which shall be for all purposes valid and sufficient in itself, to include tke rein the list of the names of the apparent owners, and the description of said abutting property as set out in said Director of Public Workst report, provided, however, that the said list of apparent owners and property descriptions so included in said Notice, shall merely be cumulative of and in addition to the requirements of said notice as provided by the laws of the State of Texas, and the Charter of the City of Corpus Christi, Texas, and shall not in any manner be conclusive of the real and true owners or of the correct descriptions of said abutting property nor limit said notice to the properties described or to such apparent owners named therein, but said notice shall nevertheless be directed to the real and true owners of said abutting property, whether named or correctly named therein or not, and to all others claiming, owning, or interested in any manner in arty of said abutting property on said street, within the limits above defined, SECTION 5. That following such hearing as above provided, assess- ments will be levied against said abutting property and the real and true owners thereof for that portion of the cost of said improvements hereinabove determined to be payable by said abutting property and the real and true owners thereof, and which assessments shall be a first and prior lien upon said abutting property and a personal liability and charge against the real and true owners thereof. In levying said assessments, if the nacre of the owner be unknown, it shall be sufficient to so state the fact, and if said abutting property be owned by an estate or by any firm or corporation, it shall be sufficient to so state the fact, and it shall not be necessary to give the correct name of arty such owner, and no error or mistake in attempting to name any such owner or in describing any of said property shall invalidate any assessment or certificate issued in evidence thereof, but nevertheless, the real and true owner of said abutting property shall be liable and the assessment against said property shall be valid whether or not such owner be named or correctly named, or said property correctly described. SECTION b. The fact that Ayers Street, within the limits above defined, has become an important thoroughfare and connects important thoroughfares, and-the fact that the present condition of the street 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 sha11 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 introduction, and that this Ordinance take effect and be in full farce and effect from and after its passage, IT IS SO ORDAINED. PASSED AND APPROVED this Z' Z!-day of s A. D., 1952. MAYOR City of Corpus Christi, Texas ATTEST: (A.�.t1u--- -- --�Y City Secretary APPROVED AS TO IEG& FORM: City Attorney =?% a, Corpus Christi, Texas 4z19 S TO Ti;E MEMBERS OF TEE CITY COUNCIL Corpus Christi, Texas Gentlemen: For the reasons set forth in the emergency clause of the foregoing ordinance, a public emergency and imperative necessity exist for the suspen- sion 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, RespecL�� MAYOR City of Corpus Christi, Texas The Charter rule was suspended by the following vote: Leslie Wasserman _ Jack DeForrest Sydney E. Herndon George L. Lowman AOL Frank E. Williamson_ The above ordinance was passed by the following vote: Leslie Wasserman r,� OF Jack'DeForrest , Sydney E. Herndon 6M George L. Lowman ��' o Frank E. Williamson 4 3305