Loading...
HomeMy WebLinkAbout03961 ORD - 11/26/1954AB :ti /23/5:1+s *se All 0RDINANCE CLOSING THE HEARING GIVEN TO THE REAL AND TRUE OWNERS OF PROPERTY ABUTTING UPON EIGHTEENTH STREET FROM THE SOUTH PROPERTY LINE OF LOUISIANA STREET TO THE NORTH PROPERTY LINE OF NAPLES STREET, NAPLES STREET FROM THE NORTHEAST PROPERTY LINE OF BALD'dIN BOULEVARD TO THE SOUTKI -EST PROPERTY LINE OF EIGHTEENTH STREET AND SAL0411N BOULEVARD FROM THE SOUTHWEST PROPERTY LINE OF EIGHTEENTH STREET TO THE NORTHEASTERLY EXTENSION OF THE SOUTHEAST PROPERTY LINE OF BALD'dIN PARK, AN ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AND TO THE REAL AIJJ TRUE OWNERS THEREOF, AS TO SPECIAL BENEFITS TO ACCRUE TO SAID PROPERTY AND THE REAL AND TRUE OWNERS THEREOF, BY VIRTUE OF THE IMPROVEMENT OF SAID STREETS WITHIN THE LIMITS DEFINED, AND AS TO PIN ERRORS, AND IN'VALIDITIES OR IRREGULARITIES IN ANY OF THE PROCEBDINGS OR CONTRACT THEREOF, OVERRULING AND DENYI14G ALL PROTESTS AIID OBJECTIONS OFFERED, FINJING AND DETEM.IINING THAT THE PROPERTY ABLITT114G UPON EIGHTEENTH STREET, NAPLES STREET AIJJ 8ALD1IIN BOULEVARD WITHIN THE LIMITS DEFINED WILL BE SPECIALLY BENEFITED AND ENHANCED IN VALUE IN EXCESS OF THE 41OUNT OF THE COST OF SAID IMPROVEMENTS PROPOSE-) TO BE, AND AS HEREIN ASSESSED AGAINST SAID PROPERTY ABUTTING UPON EIGHTEENTH STREET, NAPLES STREET AND 3AL[YIlll BOULEVARD AND LEVYING AIJ ASSESSMENT FOR THE PAYMENT OF A PORTION OF THE COST OF IMPROVEMENTS ON SAID STREETS WITHIN SAID LIMITS, FIXING A CHARGE AND LIEU AGAINST THE PROPERTY ABUTTING UPON SAID EIGHTEENTH STREET, NAPLES STREET AIJJ BALDWIN BOULEVARD AND THE REAL AND TRUE OdNER OR MINERS THEREOF, PROVIDING FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES UPON THE Ca1PLETION AND ACCEPTANCE OF SAID WORK, THE MANNER AND T114E OF PAYHEr!T AND PROVIDING THE 1,TANNER AND METHOD OF COLLECTION OF SAID ASSESSMENTS AlD CERTIFICATES; AND JECLAIilNG At! EHERSENCY. WIJZREAS, THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS, BY DULY ENACTED ORDINANCE PASSED AND APPROVED ON NOVEMBER 3, igj)4, DETERMINED THE NECESSITY FOR, AND ORDERED THE IMPROVEMENT OF EIGHTEENTH STP.EET, NAPLES STREET AND BALDUIN BOULEVARD WITHIN THE LIMITS HEREINAFTER. DEFINED, III THE MANNER AND ACCORDING TO THE PLANS AND SPECIFICATIONS HERETOFORE APPROVED AND ADOPTED BY THE CITY CCUHCIL BY ORDINANCE DATED NOVEMBER O, 1�54, SAID PORTION OF SAID STREETS TO BE IMPROVED BEING AS FOLLOWS, TO -WIT: EIGHTEENTH STREET FROM THE SOUTH PROPERTY LINE OF LOUISIANA STREET TO THE NORTH PROPERTY LIME OF NAPLES STREET, NAPLES STREET FROM THE NORTHEAST PROPETY LINE OF BALDWIN BOULEVARD TO THE SOUTHWEST PROPERTY LINE OF EIGHTEENTY STREET AND BALDWIN BOULEVARD FROM THE SOUTHWEST PROPERTY LINE OF EIGHTEENTH STREET TO THE NORTHEASTERLY E::TENSION OF THE SOUTHEAST PROPERTY LINE OF 3ALOUIN PARE, AN ADDITION TO THE CITY OF CORPUS CHRISTI, UUECES COUNTY, TEXAS, A DULY EXECUTED NOTICE OF SAID ORDINANCE HAVING BEEN FILED Ill THE NAME OF SAID CITY WITH THE COUNTY CLERK OF NUECES COUNTY, TEXAS) AND t•IHEREAS, SAID CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, AFTER HAVING ADVERTISED FOR AND RECEIVED BIDS ON THE CONSTRUCTIOII OF SAID IMPROVEMENTS FOR THE LENGTH OF TIME AND IN THE MANNER AND FOR14 AS REQUIRED BY THE CHARTER OF SAID ..ITY AND TH ^E LAAIIS OF THE STATE OF TEXAS, AND AFTER HAVING - /,/tn.±r3(rAyiY,.' w, -. . . � �nrx;RC tb 4.,:.1'f "• - .. .. /f.x.'..i Y'u r. . r�. •+•1.- yu,^wu.�.�..v.�a..r -n.n r.Fr..- .�rw.�.M.I•. -v�r .. _ - _ _ Yc� .. r wn �..a- r.wn.eM•+n.++.+TV4 - DULY AND REGULARLY MADE APPROPRIATION OF FUNDS AVAILABLE FOR SUCH PURPOSE TO COVER THE ESTIMATED COST OF SAID IMPROVEMENTS TO SAID CITY, ALL AS PRO- VIDED BY THE CORPUS CHRISTI CITY CHARTER AND BY LAW, DID AWARD A CONTRACT FOR THE CONSTRUCTION OF SAID IIAPROVE14ENITS TO HELDEIIFELS BROTHERS ON ITS LOWEST AND MOST ADVANTAGEOUS BID AND SAID CONTRACT, AND MODIFICATION THEREOF, HAS BEEN HERETOFORE DULY EXECUTED BY SAID CITY OF CORPUS CHRISTI AND HELDE14FELS BROTHERS AND IS DATED JULY 12, 1954 AND NOVEMBER 3, iQ541 AND THE PERFORMANCE BOND REQUIRED BY SAID CONTRACT HAS BEEN PROPERLY FUR141SHED BY SAID HELDENFELS BROTHERS, AND ACCEPTED BY SAID -,ITY 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 WHEREAS, THE SAID CITY COUNCIL HAS CUASED THE DIRECTOR OF PUBLIC WORKS TO PREPARE AND FILE ESTIMATES OF THE COST OF SUCH IMPROVEMENTS AND ESTIMATES OF THE AMOUNT PER FROI'T FOOT PROPOSED TO BE ASSESSED AGAINST THE PROPERTY ABUTTING UPON EIGHTEENTH STREET, 14APLES STREET AND BALOWIN BOULEVARD WITHIN THE LIMITS HEREIN DEFINED, TO BE It1PPOVEO, AND THE REAL AND TRUE OWNERS THEREOF, AND SAID DIRECTOR OF PUBLIC 1:ORKS HAS HERETOFORE FILED SAID ESTIMATES AND A STATEMENT OF OTHER MATTERS RELATING THERETO WITH SAID CITY COUNCIL, AND SAME HAS DEEH RECEIVED, EXAMINED AND APPROVED BY SAID CITY COUNCIL; AND IdHEREAS, SAID CITY COUNCIL, BY DULY ENACTED ORDINANCE DATED NOVEMBER 19554, DID DETERMINE THE NECESSITY OF LEVYING All ASSESSMENT FOR THAT PORTION OF THE COST OF CONSTRUCTING SAID IMPROVEMENTS ON EIGHTEENTH STREET, NAPLES STREET AND BALDWIN BOULEARD WITHIN THELIHITS HEREIN DEFINED, TO BE PAID BY THE ABUTTING PROPERTY AND THE REAL AND TRUE OWNERS THEREOF, AND DID ORDER AND SET A HEAPING TO BE HELD AT 3:00 O'CLOCK P. H. ON NOVEMBER 17, 1954, IN THE COUNCIL CHAMBER OF THE CITY HALL OF CORPUS CHRISTI, TEXAS, FOR THE REAL AND TRUE OWNERS OF THE PROPERTY ABUTTING UPON SAID STREETS, WITHIN THE LIMITS ABOVE DEFINED, AIID FOR ALL OTHERS OWNING OR CLAIMING ANY INTEREST IN, OR OTHER- WISE INTERESTED IN SAID PROPERTY, OR ANY OF SAID MATTERS AS TO THE ASSESSMENTS AND AMOUNTS TO BE ASSESSED AGAINST EACH PARCEL OF ABUTTING PROPERTY AND THE REAL A`ID TRUE OWNER OR OWNERS THEREOF, AND AS TO THE SPECIAL BENEFITS TO ACCRUE TO SAID ABUTTING PROPERTY BY VIRTUE OF SAID IMPROVEMENTS, IF ANY, OR CONCERNING -z- n-= +!4.- .a+.y+rew•.+- 5- >•..•r+t .» .r- ...w.. :....w... <r.. , .- ..irFrY.u+!e+. +e.- .+...r -wee m+iw.+..- ..• - .... .. e� .+- .- .- w..- a.:.wN.,w...- w.wu -.. ANY ERROR, INVALIDITY, IRREGULARITY OR DEFICIENCY IN ANY PROCEEDINGS OR CON- TRACT, TO APPEAR AND BE HEARD IN PERSON OR BY COUNSE1. AND OFFER EVIDENCE IN REFERENCE TO SAID MATTERS; AND SAID CITY COUNCIL DID BY SAID ORDINANCE ORDER AND DIRECT THE CITY SECRETARY TO GIVE NOTICE OF SAID HEARING TO THE REAL AND TRUE OWNERS OF THE PROPERTY ABUTTING UPON SAID STREETS, WITHIN THE LIMITS DEFINED, BY PUBLICATION IN THE CORPUS CHRISTI TIMES, THE OFFICIAL NEWSPAPER OF THE CITY OF CORPUS CHRISTI, A NEWSPAPER PUBLISHED III THE CITY OF CORPUS CHRISTI, TEXAS, OF GENERAL CIRCULATION, SAID NOTICE TO BE PUBLISHED IN SAID NEWSPAPER AT LEAST THREE (3) TINES PRIOR TO THE DATE OF SAID HEARING, THE FIRST PUBLICATION OF WHICH TO BE AT LEAST TEN (10) DAYS PRIOR THERETO, ALL AS PROVIDED FOR AND IN ACCORDANCE WITH THE PROVISIONS OF SAID CITY CHARTER AND OF CHAPTER 106 OF THE ACTS OF THE FIRST CALLED SESSION OF THE 110TH LEGISLATURE OF THE STATE OF TEY.AS, KNOWN AND SHCWN AB ARTICLE liOS -B OF VERNON'S ANNOTATED CIVIL STATUTES OF TEXAS; AND I.-IHEREAS, SAID CITY COU14CIL DID FURTHER ORDER AND DIRECT SAID CITY SECRETARY, IN ADDITION TO SAID PUBLISHED NOTICE AS AFORESAID, WHICH WAS PRO- VIDED 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 PUBLIC WORKS' IIRITTEN REPORT, ANO PROVIDING THAT SAID LIST OF APPARENT OWNERS AND THE DESCRIPTIONS OF SAID PROPEI.TIES, 50 INCLUDED SHALL BE CUMU- LATIVE OF AND III ADDITION TO THE REQUIREMENTS OF SAID NOTICE AS REQUIRED BY LAW AND SHALL NOT BE CONCLUSIVE AS TO THE REAL AND TRUE OWNERS OR THE DESCRIPTIONS OF SAID ABUTTING PROPERTY 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 CORRECTLY NAMED, OR SAID PROPERTY DESCRIBED OR CORRECTLY DESCRIBED THEREIN OR NOT; AND UHEREAS, SAID NOTICE AS ORDERED AND DIRECTED BY SAID CITY COUNCIL AIID AS REQUIRED BY SAID A TS AND CHARTER OF SAID CITY AS ABOVE IDENTIFIED, WAS DULY GIVEN PUBLICATION OF SAME IN THE CORPUS CHRISTI TIMES, A NEWSPAPER PUB- LISHED IN THE CITY OF CORPUS CHRISTI, TEXAS, ON NOVEMBER 6, 1954; NOVEMBER 9, 1954, AND NOVEMBER 16, 1954, SAID NOTICE SO PUBLISHED HAVING INCLUDED THEREIN A LIST OF THE APPARENT OWNERS AS SET OUT IN SAID DIRECTOR OF PUBLIC WORKS' WRITTEN REPORT AS DIRECTED IN THE AFORESAID ORDINANCE; AND -3- WHEREAS, AFTER DUE�REGULAR AND PROPER NOTICE THEREOF, ALL AS PROVIDED BY LAW AND THE CHARTER OF THE CITY OF CORPUS CHRISTI, SAID HEARING OF WHICH NOTICE WAS GIVEN, WAS OPENED AND HELD ON NOVEMBER. 17, 1954, AT 3 :00 O'CLOCK P. II. IN THE COU14CIL - HAMBER 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 A30VE MENTIONED PERSOIIS, FIRMS, CORPORATIONS AND ESTATES, THEIR AGENTS AND ATTORNEYS, TO CE HOARD AND TO OFFER EVIDEN :E AS TO ALL HATTERS IN ACCORDANCE WITH 5410 ORDINANCE AND NOTICE: AT WHICH TIME THE FOLLOWING APPEARED AND OFFERED THE FOLLOWING TESTIMONY: MAYOR CALLAWAY ANNOUNCED A PUBLIC HEARING FOR THE PURPOSE OF ASCERTAININS THE BENEFITS TO BE HAD BY THE PROPERTY OWNERS ABUTTING EIGHTEENTH STREET FROM THE SOUTH PROPERTY LINE OF LOUISIANA STREET TO THE NORTH PROPERTY LI',E OF NAPLES STREET, NAPLES STREET FROM THE NORTHEAST PROPERTY LINE OF BALDOIN BOULEVARD TO THE SCUTHEEST PROPERTY LINE OF EIGHTEENTH STREET AND BALDWIN BOULEVARD FROM THE SOUTH - WECT PROPERTY LINE OF EIGHTEENTH STREET TO THE NORTHEASTERLY EXTENSION OF THE SOUTHEAST PROPERTY LINE OF BALDWIN PARK, AN ADDITIO14 TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, DY VIRTUE OF PAVING AND IMPROVING SAID STREETS AND THE CONSTRUCTION OF SIDEWALKS, CURBS AND GUTTERS THEREON, THE HEARING BEING HELD IN ACCOPDANCE WITH THE NOTICE GIVEN UNDER THE TERNS OF ORDINANCE NG. 3912, PASSED BY THE CITY COUNCIL AT ITS REGULAR HEETIIIG 011 POVEilGER 3, 1J54. M.R. DPAHN JONES, DIRECTOR OF PUBLI,: WORKS, APPEARED AND IN RESPONSE TO QUESTIONS BY THE CITY ATTORNEY TCSTIFIED THAT HE WAS FAMILIAR. WITH THE PLANS AND SPECIFICATIONS FOR THE IMPROVEMENTS TO BE MADE ON EIGHTEENTH STREET FROH THE SOUTH PROPERTY LINE OF LOUISIANA STREET TO THE NORTH PROPERTY LINE OF NAPLES STREET, NAPLES STREET FROM THE NORTHEAST PROPERTY LINE OF BALDWIN BOULEVARD TO THE SOUTHWEST PROPERTY LINE OF EIGHTEENTH STREET AND BALDWIN BOULEVARD FROM THE SOUTHWEST PROPERTY LINE OF EIGHTEENTH STREET TO THE IlORTHEASTEPLY EX- TENSION OF THE SOUTHEAST PROPERTY LINE OF BALDWIN PARK, AND THAT SAID IMPROVEMENTS CONSISTED OF PEP MANENT PAVING, WIDENIVG OF PAVING AND CONSTRUCTION OF PAVING ON SAID STREETS. HR. JONES FURTHER STATED THAT THE CALCULATIONS 3H0'UN IN SAID NOTICE WERE CORRECTLY CALCULATED. CITY MANAGER RUSSELL E. McCLURE CALLED THE ATTENTION OF THE COUNCIL TO THE FACT THAT THE PROPERTY DESCRIBED AS LOTS 38 THROUGH 20 IN BLOCK A OF BONITA ADDITION IS SHOWN IN THE PRINTED NOTICE AS BEING ZONED °R -2 ", OUT WAS CALCULATED AT THE RATE OF BUSINESS PROPERTY, AND THAT THE FOLLOWING CORRECTIONS SHOULD BE MADE IN THE RCSPECTIVE PROPERTY: LOTS 38 THROUGH 34 REDUCED FROM a1,g34.12 TO $808.59 LOTS _Q7_, 32 a 31 REDUCED FROM VA. 87 TO ,';S3-17 LOTS 30 THROUGH 20 REDUCED FROM y2,521.18 TO A1,588.30. :IGTION WAS HARE, SECONDED AND PASSED THAT SUCH RECOMHENDATION BE CARRIED OUT AND SUCH REDUCTIONS BY MADE. MR. BRUNO htORGA?; hIR. ICJ. A. COOPER ANO HR. ROY CALO'.:ELL APPEARED AND IN RESPONSE TO QUESTIONS BY THE CITY ATTORNEY EACH TESTIFIED FOR HIMSELF, THAT HE WAS NOQ AND HAD BEEN FOR A NUMBER OF YEARS, ENGAGED IN THE REAL ESTATE D'JSINESS I:! THE CITY OF CORPUS CHRISTI, A'ID THAT HE WAS FAMILIAR llITN THE REAL ESTATE AND PROPERTY VALUES GENERALLY IN SAID ` CITY, AND PARTICULARLY WITH SOME OF THE PROPERTIES ABUTTING UPON EIGHTEENTH STREET FROM THE SOUTH PROPERTY LINE OF LOUISIANA STREET TO THE NORTH PROPERTY LINE OF NAPLES STREET, NAPLES STREET FROM THE NORTHEAST PROPERTY LINE OF BALDWIN BOULEVARD TO THE SOUTHWEST PROPERTY LINE OF EIGHTEENTH STREET AND BALDWIN BOULEVARD FROM THE SOUTHUEST PROPERTY LINE OF EIGHTEENTH STREET TO THE NORTHEASTERLY EXTEII31011 OF THE SOUTHEAST PROPERTY LINE OF BALDWIN PART:, Ai, ADOITIOJ TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; THAT HE WAS FA141LIAP WITH THE TYPE AND CHARACTER OF SAID PROPOSED IMPROVEMENTS, AND THAT III HIS OPINION EACH AND EVERY PARCEL OF PROPERTY ABUTTING UPOJ SAID STREETS, W17HIN SAID L1141TS TO BE 1:4- PROVED, WILL BE SPECIALLY BENEFITED AND ENHANCED IN VALUE AS A RESULT OF THE CONSTRUCTION OF SAID IMPROVEMENTS UPON SAID STREETS UPON WHICH IT ABUTS, AND THAT THE A14OU14T OF SUCH SPECIAL BENEFITS BY ENHANCEMENT IN VALUE WILL BE, IN EACH INSTANCE IN EXCESS OF THE AMOUNT ASSESSED PER FRONT FOOT THEREOF. THERE BEING NO FURTHER TESTII:OIIY OFFERED OR ANY FURTHER PANTIES ' APPEARI'IS TO BE HEARD, UPON PROPER, 140'iION2 DULY SECONDED AND UIIANItIOUS�Y CA P.RI ED, THE SAID HEARING WAS DECLARED CLOSED; AI;D WHEREAS, NO FURTHER PARTIES APPEARING AND NO FURTHER TESTIMONY DEING OFFERED AS TO THE SPECIAL BENEFITS III RELATION TO THE E� :HANCED VALUE OF SAID ABUTTING PROPERTY AS COMPARED TO THE COST OF THE ItIPP.OVENENT OF SAID PORTION OF SAID STREETS PROPOSED TO BE ASSESSED AGAI:IST SAID PROPERTY, OR AS TO ANY EP.RORS, IIIVALIDITIES OR IRRCGULARITIES, IN THE PROCEEDINGS OR CON- TRACTS HERETOFORE HAD IN REFEREACE TO THE IMPROVEMENTS OF SAID STPEETS; AND WHEREAS, SAID CITY COUNCIL HAS HEARD EVIDENCE AS TO THE SPECIAL BENEFITS AND ENHANCED VALUE TO ACCRUE TO SAID ABUTTIG PROPERTY, AND THE REAL AI:D TRUE OWNER OR OWNERS THEREOF, AS COMPARED WITH THE COST OF MAKING SAID IMPROVEMENTS OW SAID STREET, WITHIN THE LIMITS ABOVE DEFINED, AND HAS HEARD ALL PARTIES APPEARING AND OFFERING TESTIMONY, TOGETHER WITH ALL PROTESTS AND OBJECTIOi1S RELATIVE TO SUCH MATTERS AI:D AS TO ANY ERROP.S, INVALIDITIES OR IREGULARITIES IN At,Y OF THE PROVEEOINGS A'ID CONTRACT FOP. SAID IMPROVEMENTS, AND HAS GIVEII A FULL AND FAIR HEARING TO ALL PARTIES MAKING OR DESIRING TO MAKE A'IY SUCH PROTEST, OOJECTIOH, OR OFFER TESTIMONY AND HAS FULLY EXAMII:ED AND CONSIDERED ALL EVIDENCE, MATTERS, OBJECTIO14S AND PROTESTS OFFERED AND BASED 'UPON SAID EVIDENCE, TESTIMONY A14D STATEMENTS, SAID CITY COU14CIL FINDS THAT EACH AND EVERY PARCEL OF PROPERTY ABUTTING UPON EIGHTEENTH STREET, NAPLES STREET AND BALDWIN BOULEVARD, WITHIN THE LIMITS TO BE IMPROVED AS HEREIN DEFI:.ED, WILL BE ENHANCED 114 VALUE AND SPECIALLY BENEFITED BY THE CD,ISTRUCTION OF SAID IMPROVEMENTS UPON THE SAID STREM UPOtl WHICH SAID PROPERTY ABUTS, III AN AMOUNT IN EXCESS OF THE AMOUNT OF THE-COST OF SAID IMPROVEMENTS PROPOSED TO BE, AND AS HEP.EIIISELOW ASSESSED AGAINST EACH AND EVERY SAID PARCEL OF ABUTTING PROPERTY, A- THE REAL AND TPUE OWNER OR OWNERS THEREOF, AND SAID CITY COUNCIL DID CONSIDER AND CORP.CCT ALL ERRORS, iNVALIDITIES OR DEFICIENCIES CALLED TO ITS ATTEHTI011 AND DID FIND THAT ALL PROCEEDINGS AIID CONTRACTS WERE PROPER Ai:O III ACCORDANCE WITH THE CHARTER OF SAID CITY Ai.D THE LAWS OF THE STATE OF TEXAS, UNDER WHICH THESE PROCEEDI'JGS WERE BEING HAD, AND THE PROCEEDINGS OF SAID CITY ZOUNCIL HERETOFORE HAD WITH REFERENCE TO SUCH IMPROVEi1ENTS, AND IN ALL RESPECTS TO BE VALID AI.D REGULAR; AND SAID CITY COUNCIL DID FURTHER FIND UPON SAID EVIDENCE THAT THE ASSESSMENTS HERE][!- BELOW HADE AND THE CHARGES HEREBY DECLARED A3AI,iST SAID ABUTTING PROPERTY ON SAID EIGHTEENTH STREET, NAPLES STREET A'ID BALDWIN BOULEVARD, AND THE REAL AIID TRUE OWIIER OR OWNERS THEREOF, ARE JUST A'iD EQUITABLE AND D10 ADOPT THE RULE OF APPORTICNNENT SET FORTH BELOW AND THE DIVISION OF THE COST OF SAID IMPROVEMENTS BETWEEN SAID ABUTTING PROPERTIES, AND THE REAL AND TRUE OWI.ER OR OWNERS THEREOF, AS JUST AND EQUITABLE, AND AS PRODUCING SUBSTANTIAL EQUALITY CO:;SIDERI110 THE BENEFITS TO BE RECEIVED AIID THE BURDENS IMPOSED THEREBY, AND THAT ALL OBJECTIO.S AND PROTESTS SHOULD BE OVERRULED AND DENIED; 1101, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THERE BEING I10 FURTHER PROTEST OP. TESTIMONY FOR OR AGAINST SAID IMPROVEMENTS, SAID HEARING GRANTED TO THE REAL AND TRUE OWNERS OF ABUTTING PROPERTY 0:1 SAID STRCETS, WITHIN THE LIMITS ABOVE DEFINED, AND TO ALL PERSONS, FIRMS, CORPORATIONS AND ESTATES, OtNING OR CLAIMING SAIIE OR ANY INTEREST THEREIN, BE, ANO'THE SAME IS HEREBY CLOSED AND ALL PROTESTS AND OBJECTIONS, WHETHER SPECIFICALLY MEIITIONED OR NOT, SHALL BE, AND THE SAME ARE HEREBY OVERRULED AND DENIED. SECTION 2. THAT SAID CITY COUNCIL HEREBY FINDS AND DETERMINES UPON THE EVIDENCE HEARD IN REFERENCE TO EACH A140 EVERY PARCEL OF PROPERTY ABUTTING UPON EIGHTEEIITH STREET, NAPLES STREET A140 BALDWIN BOULEVARD WITHIN • THE LIMITS ABOVE DEFINED, THAT THE SPECIAL SEI4EFITS IN THE EIIHANCED VALUE TO ACCRUE TO SAID PROPERTY AND THE REAL AND TRUE OWNER OR OWNERS THEREOF, BY VIRTUE OF THE CONSTRUCTION OF SAID IMPROVEMENTS TO SAID PORTION OF SAID STREETS UPON WHICH SAID PROPERTY ABUTS, WILL BE IH EXCESS OF THE To AMOUNT OF THE COST OF SAID IMPROVEMENTS AS PROPOSEDIBE, AND AS HEREIN ASSESSED AGAINST SAID ABUTTING PROPERTY ANO THE REAL AND TRUE OWNERS THEREOF, AND FINDS THAT THE APPORTIONHEIIT OF THE COST OF SAID IMPROVEMENTS, AND THAT ALL ASSESSMENTS HEREIIISELOW MADE ARE JUST AND EQUITABLE AND PRODUCE SUB- STANTIAL EQUALITY CONSIDERING THE BENEFITS RECEIVED AND THE BURDENS IMPOSED THEREBY, AND ARE IN A=COP.DAN:E WITH THE LAW5 OF THE STATEOF TEXAS, AND THE ;HARTER PIZOVISIO14 OF THE CITY OF CORPUS CHRISTI, TEXAS, AND THAT THE PROCEEDINGS ANO CONTRACTS HERETOFORE HAD WITH REFERENCE TO SAID IMPROVEN�ENTS AR_ I.1 ALL RES- PECTS REGULAR., PROPER AND VALID, ACID THAT ALL PREREQUISITES TO THE FIXmG OF THE A5SESS'IC"IT LIENS AGAII'ST SAID ABUTTING PROPERTIES, AS HCREI'IACOVE DESSnISED AI'O THE PERSONAL LIABILITY OF THE REAL AND TRUE OWNER OR OWNERS THEREOF, WHETHER NAKED OR CORRECTLY NAMED HEREIN OR NOT, HAVE CEEN III ALL THINGS REGULARLY RAO AHO PERFORMED III CCIIPLIA:CE WITH THE LAW, CHAPTER PRO- VISIONS AND PROCEEDINGS OF THE SAID CITY COUNCIL. SECTION D. THAT IN PURSUANCE OF SAID ORDIi.ANCC, DULY EVA_TEJ BY SAID CITE COUNCIL, AL'THOPIZING AND ORJERIOCG THE IMPROVEMENT OF EIGHTEENTH STREET, NAPLES STREET AND BALDWIN BOULEVARD, UITHh, THE LIMITS HEREINASOVE NAMED AND DEFIt.ED, AND III PURSUANCE OF SAID PROCEEDIIGS HERETOFORE HAD AND ENACTED BY SAID CITY CCUNCI. IH REFERENCE TO SAID IMPROVEMENTS AND BY VIRTUE OF THE POWERS VESTED III SAID CITY WITH RES- PECT TO SAID STREET IMPROVEMENTS BY THE LAWS OF THE STATE OF TEXAS AID THE CHARTER OF SAID CITY, WITH PARTICULAR REFERENCE TO CHAPTER. 100 OF THE ,..TS OF THE FIRST CALLED SESSION OF THE 40TH LEGISLATJRE OF THE STATE OF TEXAS, KNOWN AND SHOWN AS ARTICLE 110,"-3 OF 3/E RN ON 'S ANNOTATED CIVIL STATUTES OF TEXAS, AS ATTENDED, THERE SHALL BE, AND IS HERESY LEVIED, ASSESSED A'7D TAXED AGAINST THE RESPECTIVE PARCELS OF PROPERTY AOUTTING UPON SAID PORTION5CF SAID STREETS AND AGAINST THE REAL A'40 TRUE OWNERS THEREOF, IIHETHER SUCH REAL A'ID TRUE 01114ER OR OWNERS BE NAMED OR CORRECTLY NAMED HEREIN OR NOT, THE SEVERAL SUMS OF MONEY HEREI.!BELOW MENTIONED AND ITEMIZED OPPOSITE THE DESCRIPTION OF THE RESPECTIVE PARCELS OF SAID PROPERTY, THE NUMOER OF FRONT FEET OF EACH AND THE SEVERAL AMOUNTS ASSESSED AGAI'IST SAME AND THE PEAL AND TRUE OWI.ER OR OWNERS THEREOF, AND NAMES OF THE APPARENT OWNERS THEREOF, ALL AS CORRECTED AND ADJUSTED BY SAID CITY COUNCIL, BEING AS FOLLOWS, TO -WIT: i—HL ravlsu aom2sbMV ' Eighteenth St. & om Baldwin Blvd. fr Louisiana Ave. -to the Extension of S. E. Boundary Line of Baldwin Park Subdivision, as shown _ he -P1�s. 4 Type of Pavement 6" Hot -Mix Asphalt Base-& surface Heldenfels Brothers Contractor ' Contract Date 'may l 56' Face to Face of Curbs Foot Roadway x CONSTRUCTION COST ASSESSMMT RATE - PAVRAENT, CURB & OUT= AND SIDEWALK yg Cost of Curb & Gutter per Linear Foot $1.50 $5.77565 Residential Rate per Front'Foot b Cost of Sidewalk per Square Foot $0.34 $9.04426 Business Rate per Front Foot Cost of Pavement per Square Yard $2.8286 Based on 56 Feet of Street Width. Block Lot Length o Type Depth of Access Lines Ft. Per Cent oP Aseesemen Amount Total Property Owner Name of Addition Bu>mbe Number Abutting of Ownership to oP Paving Rate Before of Assessment Property Zoning from titre St. Improvement Chargeable AdjuAment Adjustment ' y Georgia Platis P. A. Cliffs 1606A 224.79 B -3 224.79 100 2033.06 S B. Zweig P. A. Cliffs 15o6A 1,2,3,& 4 100 A -2 100.00 loo 904.43 B. Zweig IP P. A. Cliffs 15o6A 5 thru 18 204.32 B -3 204.12 100 1846.11 , 4 i Public Works Department - Engineering Division Corpus Christi, Texas Compiled by SHD 10 -27 -54 Checked by RLO 10 -28 -54 i 3 ]fg{ f n s z x C 3 Checked by RLO 10 -28 -54 i 3 ]fg{ f n FINAL P -PAVING'ASSESMcBT - — �'ig—teenth-st, & -Ba7dvin -Blvd, - --from Lrnrisinna Ave, to-the Satension of S.E. Boundary of Haldain Psrk Subdivision;as shown 112_ Length ol butting Property Type of zoning Depth of Ownership From St. the Plans. Type- of-Pavement- 6" Hob -Mtr Asphalt Base & 3m7kce - 3jeldenfels Brothers Contractor Contract Date duly 12, 1954 (TOUR HIMTT(M O RP Amount of Adjustment 60, u" " V.— AffiSEq,%MP RAM - PAVF1,M, ,.r Curha Foot Roadway , COMA & .INTER AM SIMMAT.x . Glendale Cost of Curb & Gutter per Linear Foot $1.50 $5.77565 Residential Rate per Frost Foot Cobt of Sidewalk per Square Foot $0.34 $9.53156 Businesp Rate per Front Foot - Cost of Pavement per Square Yard $2.8286 Based on 60 Feet of Street Width. , Property Owner Name of Addition Block Humber Lot Number Length ol butting Property Type of zoning Depth of Ownership From St. lkccess to t. Linear Ft. of Improv Per Cent o of Improvemen Aesessmen Before Adjustmeh Amount of Adjustment Total , Assessment ' Willie Mae Ingrtmg . Glendale 3 9 59 R 1 125 No 59.00 25 85.19 Carl E.Gustsfson 3. " 3 8 59 R 1 725 No 59 25 85.19 Alvin Cothera 1. 3 7 59 R 1 125 No 59 25 85.19 T. M. Brown 3. 3 6 59 R 1 125 No 59 25 85.19 Ted W.Hutchinsoa 1. " 3 5 59 R 1 125 No 59 25 85.19 Truett K.Whitmirel. 3 4 59 R 1 125 No 59 25 85.19 A.B.Stephens 1. 1. 3 3 59 R 1 125 No 59 25 85.19 A.M.&Louise F. , •IC7aerner E 3 2 59 R 1 125 No - 59 25 85.19 E.L.Caldve l,Tr.E " 3 1 69 R 1 125 No 69 25 99.63 NDALE DR T. O.Kyyendall E " 1 23 310 R 1 70 Yes 110 70 444.73 , Alley (City) E " 1 20 `- Humble Oil & Ref. Co. E " 1 1 & 2 105 B 3 105 100 1000.81 Public Works Department - Engineering Division Compiled by SHIM 10/27/54 Checked by RLO 10/20/54 Corpus Christi, Texas �1 t y� F 't r/A/AL -YSY raven. ewn65-g� , Eighteenth -zt. & Baldwin Blvd, from Louisiana Ave, to the Extension of S. 1p.,Bouridary Line of Baldxin -Park S*ivision, "as. stOvu . Type of Pavement 6" Hot -Mix (alt Base & Surface Contract Date Sul- 12- 1954-' CONSRBDCTION COST Coat of Curb & Gutter per Linear Foot $1.50 Coat of Sidewalk per Square Foot $0, R4 Cost of Pavement per Square Yard t2,8286 Heldenfels Bros. Contractors v 60' Fhee to Face of 0-b- Foot Roadway ASSFSSMEMP RATE - PAVEMENT. CDsB & GUTTER AND SIDEWALK Depth of ership ffrom Stre Access to .St. $5.77565 Residential Rate per Front Foot 9.54156 t Business Rate -•yer Front Foot � 'Total Asaessmet , Based on 6o Feet of street Width. ' Property Owner Name of Addition Block Number Lot Number Length of sitting ?roperty Type of Zoning Depth of ership ffrom Stre Access to .St. Linear Ft. of Improvement Per Cent o Paving Rate Chargeable sessment Before Adjustment Amount of Adjustment 'Total Asaessmet , SOUI I STAPLEN STEM IE MSECTI R. H. Hoatutler W Arcadia 1 5 & 6 347.89 R 1 347.89 loo 2009.29 . ' M. G. Lee E Caruthers 1506 •5 & 6 246.95 R 1 246.95 100 1426.30 Robert F.GruebarH 1506 7 60. R 1 60. 100 346.54 Todd Tilton E " 1506 8 60 R 1 60. 100 346.54 KAPIM STREET N Del Mar College W Southmoreland Blur. z HHigh 1165 R 1 1165 100 6728,63 i Del Mar College W " - " " 100 B 3 100 100 953.16 Weatminister E Presbyterian Chure h Glendale 3 13 206.57 R 1 100 No 206.57. 25 298.27 t , 3 13 57.00 R 1 206.57 Yes 57.00 100 329.21 - " 3 13 30.00 8 1 30.00 100 173.27 t E " 3 12 59 R 1 125 No 59.00 25 85.19 } Olin Reeves E 3 32 59 R 1 125 No 59.00 25 85.19 � P Vicente Lozano, S E . " 3 10 59 R 1 125 No 59.00 25 85.19 Public Works Department - Engineering Division Corpus Christi, Texas Compiled by SND 10L27/54 Checked by RLO 1054 c�i*iO•ro S e ,z Xj#xteenth St. & Baldwin UVd. -from Louisiana Ave. to the Extension of S. E. Bomdary Line of Baldwin Park "Subdivisioni-te -shown In Tne P amens, Type of Pavement 6" Hot -Mix Asphalt Base & Surface Heldenfels Brothers Coatractor- Contract Date duly 12, 1954 60' Face to Face of Curbs Foot Roadway V COHSTRDOTION COST AMHOM NT RAT$ - PA7MffiPT CURB & GUTTER xn 4YnnF!.fnT$ Cost of Curb & Gutter per Linear Foot $1.50 $5.77565 Residential Rate per Front Foot Coat of Sidewalk per Square Foot $a-4 - ,$9.54156 Business ,Rate per Front Foot 9@921= 1D 82Bh Based on 60` Feet of Street Width. I Cost of Pavement per $ X Property Owner Name of Addition Block Number Lot Number ' Length a Abutting Property Type of Zoning Depth of ownership from St. Access to Street Linear Ft. of Improvement Per Cent of Paving Rate Chargeable Assessment Before Adjustment Amount of Adjustment Total: ; Assessment - AMS S MMT INTO SECTION T.P. McCord Tr. W A Portion of Lotl6 Sec.L, Paisley 8/1 143 -B -3 75 143 100 1363.01 W " " " " 488.37 R 2 75 488.37 100 282o.65 H. H. Edwards E Bonita 6 1 121.5 B 3 121.5 100 1158.08 Alley (City) " 20. Y Eunice McCord Sims E. " A 38 thru 34 14o R 2 105 140 100 83 4 Dr.o.B.Vaugban 8 " A 33,32 & 31 75 R 2 105 75 100 lk ;aq #f #{ Boy Scouts of /,588,30 =618 f America E " A 30 thru 20 275 R 2 105 275 loo PIG O3 r. P. McCord Tr. W A Portion of Lot 16 Sec.L. Paisley S1. 393 R 2 393 100 -69.83 rack Winston W " " " " " " 206.79 B 3 206.79 100 1971.03 Albert H. Kruse H Bonita 4 L,2,3 & 4 140 R 2 100 140 100 808.59 Alley (City) E 12.35 0. H. Johnson E Maretta Terrace D 10 & 9 123.71 R 2 100 323.72 100 714.51 P ublic Works Department - Eogiueering Division Compiled by MD 1027/54 Checked by HLO 10/28/54- Corpus Christi, Texas 3"bam 5 2 f i, F ..v.yc r re+vun. xc�sS7� � -' i•- ghteent}y�t- ,_&--Taitwin Bivd.._ -from Luai-siana Ave. to the - Extgnsion of S. E. - Boundary Line of Baldwin Park Subdivision, as shown in the Plan s. Type -of Pavement 6" Hot -Mix Asphalt B se & Surface Heldenfels Brothers, Contract Date •My IP, -1954 60' Face to Face of Curbs Fcot Roadway CONSTRUCTION COST ASSffiSMENT RATE - PAVEMENT. CURB & GUTTER AND SIDEVALK Cost of Curb & Gutter per Linear Foot $1.50 $5.77565 Residential Rate per Front Foot , Cost of Sidewalk per Square Foot $0.34 $9.53156 Business Rate per Front Foot ' Cost of Pavement per Square Yard $2.8286 Based on 60 Feet of Street Width. Property Owner Name of Addition Block Numbe Lot Number Length o Abutting Property of Zoning Depth of Ownership from St. Access to Street Linear Ft. of Improvemen Per Cent of Paving Rate Chargeable Assessment BeforB Adjustment Amount of Adjustment Total Assessment TERRACE STREET W. H. Stahl E Maaetta Terrace A 12 & 13 123.7 R 2 100 123.7 100 714.45 Mable Crawford t " " A 11 123.7 R 2 50 123.7 50 357.22 t k F d TOTAL ONTRACT COST LOUISI TO RAIDW3MN P SUBD., I $86,228 37 e• } TOTAL LSSESSED TO PROPERTY OWNME (BEFORE AD UST?4MMTS 34 84.50 COST T CM (EXCLUDING AS ES S) 43.87 S, Public Works Department - Engineering Division Compiled by AND 107/54 Checked by .wrn 1 n/2A4s�, Corpus Christi. Texas a k SECTION 4. BE IT FUR ER ORDAINED THAT IN THE EVENT THE ACTUAL FRlot+T,Aft` 'ANY PROPERTY HEREIN ASSESSED SHALL BE FOUND UPON THE COMPLETION OF SAID IMPROVEMENTS TO BE GREATER OR LE55 THAN THE NUMBER OF FEET HEREIN- ABOVE STATED THE ASSECSIAE'-TS HERE114 SET AGAINST ANY SUCH PROPERTY AND AGAINST THE REAL AND TRUE OWNER OR OWNERS THEREOF SHALL BE, AND THE SA14E ARE HEREBY DECLARED TO BE INCREASED OR OCCREASED AS THE CASE MAY BE- IN THE PROPORTIO1 WHICH SAID EXCESS OR DEFICIENCY OF FRONTAGE SHALL DEAR TO THE WHOLE NUMBER OF FRO14T FEET OF PROPERTY ACTUALLY IMPROVED IN ACCORDANCE WITH THE FRONT FOOT RATE OF ASSESSIIEIIT HEREIN ADOPTED, IT BEING THE INTENTION THAT EACH PARCEL OF PROPERTY AND THE REAL AND TRUE OWNER OR OWNERS THEREOF, ABUTTING ON EIGHTEENTH STREET: NAPLES STREET AND BALDWIN BOULEVARD: WITHIN THE L114ITS ABOVE DEFINED: SHALL PAY FOR SAID IMPROVEMENTS UDDER THE "FRONT FOOT RULE OR PLAN", WHICH RULE OR P,AH 15 HEREBY FOUND AND DETERMINED TO BE JUST AND EQUITABLE A14D TO PRODUCE A SUBSTANTIAL EQUALITY, HAVING IN VIEW OF THE SPECIAL BENEFITS TO BE RECEIVED AND THE BURDENS IMPOSED THEREBY; AND IT 15 FURTHER ORDAINED THAT UPON FINAL COMPLETION AND ACCEPTANCE OF SAID IMPROVEMENTS CH EIGHTEENTH STREET, NAPLES STREET AND BALDWIN BOULEVARD, ALL CERTIFICATES HEREINAFTER PROVIDED FOR, ISSUED TO EVIDENCE SAID ASSESSMENTS AGAINST SAID PARCELS OF PROPERTY ABUTTING UPON SAID STREETS: AND THE REAL AND TRUE OWNER OR OWNERS THEREOF: SHALL BE: ISSUED 114 ACCORDA'4CE WITH, AND SHALL EVIDENCE THE ACTUAL FRONTAGE OF SAID PROPERTY AND THE ACTUAL COST OF SAID IMPROVEMENTS: THE AMOUNT NAIIED 114 SAID CERTIFICATE IN NO CASE TO 'EXCEED THE AMOUNT HEREIN ASSESSED AGAINST SUCH PROPERTY UNLESS SUCH INCREASE BE CAUSED BY AN EXCESS OF FRONT FOOTAGE OVER THE AMOUNT HERE114ABOVC STATED, SUCH ACTUAL COST AND SUCH ACTUAL NUMBER OF FRONT FEET, IF DIFFERENT FROM THAT HEREINABOVE SHOWN IN SECTION 3 HEREOF: TO BE DETERMINED BY THE DIRECTOR OF PUBLIC WORKS UPON COMPLETION OF SAID WORK 014 EIGHTEENTH STREET: NAPLES STREET AND PALOW114 BOULEVARD AND TIE FINDINGS OF SAID DIRECTOR OF PUBLIC WORKS SHALL BE FIIIAL AND BjNOII:G UPON ALL PARTIES CONCERNED. SECTION 5. THAT THE SEVERAL SUITS MENTIONED ABOVE IN SECTIO:t 3 HEREOF ASSESSED AGAINST SAID PARCELS OF PROPERTY ABUTTING ON EIGHTEENTH STREET, MAPLES STREET AND BALDW114 BOULEVARD: AND THE REAL AND TRUE OWNERS THEREOF, , —Uw, WHETHER NA14ED OR CORRECTLY NAMED HEREIII OR NOT, SUBJECT TO THE `PROVISIONS OF SECTION 4 HEREOF, TOGETHER WITH INTEREST THEREON AT THE RATE OF FIVE PER CENT (535) PER ANNUH WITH REASONABLE ATTORNEY'S FEES AND ALL COSTS AND EXPENSES OF CO:.LECT1014, IF INCURRED, ARE HEREBY DECLARED TO BE AND If ADE 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 -WIT: NOVEMBER 3, 1954, AND A PERSONAL LIABILITY ' AND CHARGE AGAINST THE REAL AHO TRUE OWNER OR OWNERS THEREOF, WHETHER OR NOT SUCH OWNER OR oim EP.S BE NAMED OR CORRECTLY NAMED HEREIN, AND THAT SAID LIEN SHALL BE ANO - ONSTITUTE THE FIRST AND PRIOR ENFORCIBLE CLAIM AGAINST THE PROPERTY ASSESSED AND SHALL BE A FIRST AND PARAMOUNT LIEN SUPERIOR TO ALL OTHER LIENS, CLAIMS OP. TITLE, EXCEPT FOR LAWFUL AD VALOREM TAXES; AND THAT THE SUMS 50 ASSESSED SHALL BE PAYABLE AS FOLLOWS, TO -WIT: IN FIVE (5) EQUAL INSTALLMENTS, THE FIRST OF WHICH WILL BE PAYABLE ON OR BEFORE TWENTY (PO) 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 AND PAYABLE, RESPECTIVELY, ONE (1), TWO (Z), THREE (3), AND FOUR (4) YEARS FROM AND AFTER SAID DATE OF ACCEPTANCE, DEFERRED PAYMENTS TO BEAR INTEREST FROM SAID DATE OF ACCEPTANCE AT THE RATE OF FIVE PERCENT (5,71) PER ANNUM, PAYABLE ANNUALLY CONCURRENTLY WITH EACH OF SAID INSTALLMENTS; PAST DUE INSTALLMENTS OF PRINCIPAL AND INTEREST TO BEAR INTEREST AT THE SAME RATE PER ANNUM UNTIL PAID; PROVIDED, HOWEVER, THAT ANY OWNER OF SUCH PROPERTY SHALL HAVE THE i RIGHT TO PAY OFF THE ENTIRE AMOUNT OF SUCH ASSESSMENT, OR ANY INSTALLMENT THEREOF, BEFORE MATURITY BY PAYING PRINCIPAL AND ACCRUED INTEREST TO DATE OF SAID PAYMENT; AND PROVIDED, FURTHER, THAT IF DEFAULT SHALL BE MADE IN THE PAYMENT OF ANY INSTALLMENT OF PRINCIPAL OR INTEREST WHEN DUE, THEN THE ENTIRE AMOUNT OF SAID ASSESSMENT UPON WHICH SUCH DEFAULT IS MADE, SHALL, AT THE OPTION OF HELDENFELS BROTHERS, OR ITS ASSIGNS, BE, AND BECOME IMMEDIATELY DUE AND PAYABLE AND SHALL BE COLLECTIBLE TOGETHER WITH REASONABLE ATTORNEY'S FEES AND ALL COSTS AND EXPENSES OF COLLECTION IF INCURRED. SECTION 6. THAT THE CITY OF CORPUS CHRISTI, TEXAS SHALL NOT IN ANY MANNER BE LIABLE FOR THE PAYMENT OF ANY SUMS HEREBY VALIDLY ASSESSED AGAINST ANY ABUTTING PROPERTYj AND THE REAL AND TRUE OWNER OR OWNERS THEREOF BUT HELDENFELS BROTHERS SHALL LOOK SOLELY TO SUCH PROPERTY AND THE REAL AND TRUE OWNER OR OWNERS THEREOF, FOR THE PAYMENT OF THE SUMS VALIDLY ASSESSED AGAINST SAID RESPECTIVE PARCELS OF PROPERTY, BUT SAID CITY SHALL BE OBLIGATED TO FURNISH HELDENFELS BROTHERS 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 SUMS 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 HELDENFCLS BROTHERS: OR THEIR ASSIGNS, EITHER BY SUIT IN ANY COURT HAVING JURISDICTION OR BY SALE OF THE PROPERTY ASSESSED AS NEARLY AS POSSIBLE IN THE MANNER AS MAY BE PROVIDED BY LAW AND CHARTER IN FORCE IN SAID CITY FOR THE SALE OF PROPERTY FOR THE COLLECTION OF AD VALOREM TAXES. SECTION 7. THAT FOR THE PURPOSE OF EVIDENCING SAID ASSESSMENTS, THE LIENS SCCURING SAME AND THE SEVERAL SUMS ASSESSED AGAINST THE SAID PARCELS OF PROPERTY AND THE REAL AND TRUE OWNER OR OWNERS THEREOF, AND THE TIME AND TERMS OF PAYMENTS AND TO AID IN THE ENFORCEMENT THEREOF ASSIGN- ABLE CERTIFICATES SHALL BE 15SUED BY THE CITY OF CORPUS CHRISTI, TEXAS, TO HELDENFELS BROTHERS UPON THE COMPLETION OF SAID IMPROVEMENTS III SAID STREET AND ACCEPTANCE THEREOF BY SAID CITY COUNCILS WHICH CERTIFICATES SHALL BE EXECUTED BY THE MAYORIN THE NAME OF THE CITY ATTESTED BY THE CITY SECRETARY WITH THE CORPORATE SEAL OF SAID CITY] AND WHICH CERTIFICATES SHALL DECLARE THE AMOUNTS OF SAID ASSESSMENTS AND THE TIMES AND TERMS THEREOF THE RATE OF INTEREST THEREON THE DATE OF THE COMPLETION AIID ACCEPTANCE OF THE IMPROVEMENTS FOR WHICH THE CERTIFICATE IS ISSUEDj AND SHALL CONTAIN THE NAMES OF THE APPARENT TRUE OWNER OR OWNERS AS ACCURATELY AS POSSIBLE AND THE DESCRIPTION OF THE PROPERTY ASSESSED BY LOT AND BLOCK NUMBERS OR FRONT FOOT THEREOF, OR SUCH OTHER DESCRIPTION AS MAY OTHERWISE IDENTIFY THE SAME _ �, :,�t%sq.�c3S+. # §.r - _, s - ...m asy'ysFra^ti` +'s- �•.: .... «r �.. a... a.Mw�+,a,+...- wuw�,a....�+�s.•• a „�..- .,.+rr�t�+ � - _ . - �w• t..,.._. .w_.. AND IF THE SAID PROPERTY SHALL BE OWNED BY AN ESTATE OR FIRM, THEN TO 50 r STATE THE FACT SHALL BE SUFFICIENT AND NO ERROR OR MISTAKE IN DESCRIBING SUCH PROPERTY OR IN GIVING THE NAME OF ANY OWNER OR OWNERS, OR OTHERWISE, SHALL IN ANYWISE INVALIDATE OR IMPAIR THE ASSESSMENT LEVIED HEREBY OR THE CERTIFICATE ISSUED IN EVIDENCE THEREOF. THAT THE SAID CERTIFICATES SHALL FURTHER PROVIDE SUBSTANTIALLY THAT IF DEFAULT SHALL BE MADE IN THE PAYMENT OF ANY INSTALLMENT OF PRINCIPAL OR INTEREST WHEN DUE THEN AT THE OPTION OF HELDENFELS BROTHERS OR THEIR 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 ATTORNEYS FEES AND ALL EXPENSES AND COSTS OF COLLECTION,IF IN- CURRED, AND SAID CERTIFICATE SHALL SET FORTH AND EVIDENCE THE PERSONAL LIABILITY OF THE REAL AND TRUE OWNER OR OWNERS OF SUCH PROPERTY, WHETHER NAMED OR CORRECTLY NAMED THEREIN OR NOT, AND THE LIEN UPON SUCH PROPERTY, AND THAT SAID LIEN IS FIRST AND PARAMOUNT THEREON, SUPERIOR TO ALL OTHER LIENS, TITLES AND CHARGES, EXCEPT FOR LAWFUL AD VALOREM TAXES, FROM AND AFTER THE DATE SAID IMPROVEMENTS WERE ORDERED BY SAID CITY COUNCIL, TO -WIT: NOVEMBER 31 1954, AND SHALL PROVIDE IN EFFECT THAT IF DEFAULT SHALL BE MADE IN THE PAYMENT THEREOF, THE SAME MAY BE ENFORCED, AT THE OPTION OF HELDENFELS BROTHERS, OR THEIR ASSIGNS, 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 CERTIFICATES SHALL FURTHER RECITE IN EFFECT THAT ALL THE PROCEEDINGS WITH REFERENCE TO MAKING SAID IMPROVEMENTS HAVE BEEN 6 REGULARLY HAD IN COMPLIANCE WITH THE LAW AND CHARTER IN FORCE IN SAID CITY AND THE PROCEEDINGS OF SAID CITY COUNCIL OF SAID CITY,AND THAT ALL PRERE- QUISITES TO THE FIXING OF THE ASSESSMENT LIEN AGAINST THE PROPERTY THEREIN OESCRISED, OR ATTEMPTED TO BE DESCRIBED, AND THE PERSONAL LIABILITY OF THE REAL AMC TRUE OWNER OR OWNERS THEREOF, EVIDENCED BY SUCH CERTIFICATES, HAVE BEEN REGULARLY DONE AND PERFORMED, WHICH RECITALS SHALL BE EVIDENCE OF ALL THE MATTERS AND FACTS SO RECITED AND NO FURTHER PROOF THEREOF SHALL BE f. °.:.Yv�:i ate•' , -. _ . .+r w REQUIRED IN ANY COURT. THAT ALL SAID CERTIFICATES MAY HAVE COUPONS ATTACHED THERETO IN EVIDENCE OF EACH OR ANY OF THE SEVERAL IN5TALLMEIITS THEREOF WHICH MAY BE SIGNED WITH THE FACSIMILE SIGNATURES OF THE MAYOR AND CITY SECRETARY. THAT SAID CERTIFICATES SHALL FURTHER PROVIDE IN EFFECT THAT THE CITY OF CORPUS CHRISTI, TEXA S, SHALL EXERCISE ALL OF ITS LAWFUL POWERS' WHEN REQUESTED 50 TO DO BY THE HOLDER OF SAID CERTIFICATES, TO A10 IN THE ENFORCEMENT AND COLLECTION THEREOFy 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, B.T THE SUBSTANCE AND EFFECT THEREOF SHALL SUFFICE. SECTION S. 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 ORNERS MAY NOT BE NAMED OR CORRECTLY NAMED, AND ANY IRREGULARITY IN THE NAME OF THE PROPERTY OWNERS OR THE DESCRIPTION OF ANY PROPERTY OR i= THE AMOUNT OF ANY ASSESSMENTS OR IN ANY OTHER MATTER OR THING SHALL NOT IN ANYWISE INVALIDATE OR IMPAIR ANY ASSESSMENT LEVIED HEREBY OR ANY CERTIFICATE ISSUEDj AND SUCH MISTAKES OR ERRORS INVALIDITY OR IRREGULARITY WhETHER IN SUCH ASSESSMENT OR IN THE CERTIFICATE ISSUED IN EVIDENCE THEREOFy MAY BED BUT 15 NOT REQUIRED TO BED TO BE ENFORCIBLE, CORRECTED AT ANY TIME BY THE SAID CITY COUNCIL OF THE CITY OF CORPUS CHRISTI] TEXAS. FURTHER, THAT THE OMISSION OF SAID IMPROVEMENTS IN FRONT OF ANY PART OR PARCEL OF PROPERTY ABUTTING UPON EIGHTEENTH STREET, NAPLES STREET AND BALDWIN BOULEVARD WHICH 15 EXEMPT FROM THE LIEN OF SAID ASSESSMENTS SHALL IN NO Yl15E EFFECT 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 STREETS WITHIN THE LIMITS HEREIN DEFINED AND THE REAL AND TRUE OWNER OR OWNERS THEREOF, ARE THE SAME ASS OR LESS THANE THE ESTIMATES OF SAID ASSESSMENTS PREPARED BY THE DIRECTOR Y OF PUBLIC WORKS AND APPROVED A14D ADOPTED BY SAID CITY COUNCIL AND ARE IN ACCORDANCE WITH THE PROCEEDINGS OF SAID CITY COUNCIL RELATIVE TO SAID IMPROVEMENTS AND ASSESSMENTS THEREFORE AND WITH THE TERMS POWERS AND FROVISIONS OF SAID CHAPTER 106 OF THE ACTS OF THE FIRST- CALLED SESSION OF THE 40TH LEGISLATURE OF THE STATE OF TEXAS KNOWN AS ARTICLE 1105 -B OF VERNON'S ANNOTATED CIVIL STATUTES OF TEXAS AND THE CHARTER OF THE CITY OF CORPUS CHRISTI TEXAS2 UNDER WHICH TERMS, POWERS AND PROVISIONS SAID PROCEEDINGSy SAID IMPROVEMENTS AND ASSESSMENTS WERE HAD AND MADE BY SAID CITY COUNCIL SECTION 9. THE FACT THAT EIGHTEENTH STREET, NAPLES STREET ANO BALDWIN BOULEVARD HAVE BECOME AN IMPORTANT THOROUGHFARE AND CONNECTS IMPORTANT THOROUGHFARES AND THE FACT THAT THE PRESENT C014DIT1014 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 CRDINANCE SHALL BE READ AT THREE (j) SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED THAT SUCH EMERGENCY AND IMPERATIVE PUBLIC NECESSITY EXISTSy AND HAVING REQUESTED SAID CHARTER RULE BE SUSPENDED AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTIONS AND THAT THIS ORDINANCE TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS 50 ORDAI PASSED AND APPROVED THIS THE 0 (n DAY OF A. D. 1554. �-� MAYORTY OF 000. US CH P.ISTI� EXAS ATTEST: CITY SECRETARY � APPROVED AS TO LEGAL FORM: CITY ATTORNEY .t ` ._ ,rrex;)KIN#aa' ^•I ,r?y:w.`.t�..� ^.�Y . • {I„ tAr,+xpG=.J.4 tP" � p• •,.y:e :.QE � r. wawrry•.+o...wu. _. �u— .a.u4— ....�W�A..wX.e w. .er.�..a�... ..—.w. —' .at COR PUS•CXRISTIj TE .. XAS �� Ate. 2l 1954 TO THE MEWER$ OF THE 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 FOP. THE SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORO.NANCE V RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH OPDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS 7f 1`4E CITY COUNCIL; I, THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHAPTER RULE OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRODUCED, OR Al THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, MAYOR CITY CORPUS HRI I, TE XAS I THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: Y P. C. CALLAWAY ,\ ELLROY ICING JAMES S. NAISMITH W. JAMES BRACE l F. P. PETERSON, JR THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING tTE: P. C. CALLAWAY .fL -6 Y JAMES KING AMES S. NAI SMITH W. JAMES BRACE F. P. PETERSON, JR.�