HomeMy WebLinkAbout04662 ORD - 10/31/1956AN ORDINANCE
CLOSING THE HEARING GIVEN TO THE REAL AND TRUE OWNERS OF
PROPERTY ABUTTING UPON THE PORTION OF SOUTH STAPLES STREET
FROM THE SOUTHEASTERN BOUNDARY LINE OF HAMLIN DRIVE TO A
POINT 853.7 FEET SOUTHEAST OF THE SOUTHEASTERN BOUNDARY
LINE OF EVERHART ROAD, THE PORTION OF EMHART ROAD FROM
THE SOUTHWESTERN BOUNDARY LINE OF SOUTH STAPLES STREET TO THE
SOUTHWESTERN BOUNDARY LINE OF GOLLIHAR ROAD, AND THE PORTION
OF GOLLIHAR ROAD FROM THE SOUTHEASTERN BOUNDARY LINE OF
EVERHART ROAD TO THE SOUTHWESTERN BOUNDARY LINE OF SOUTH
STAPLES STREET, AS TO SPECIAL BENEFITS TO ACCRUE TO SAID
PROPERTY AND THE BEAT AND TRUE OWNERS THEREOF, BY VIRTUE
OF THE IMPROVEMENTS OF SAID STREETS WITHIN THE LIMITS
DEFINED, AND AS TO ANY ERRORS, AND INVALIDITIFS OR IRREGULAR-
ITIES IN ANY OF THE PROCEEDINGS OF CONTRACT THEREOF, OVERRULING
AND DENYING ALL PROTESTS AND OBJECTIONS OFFERED, EXCEPT THE
CHANGES REFLECTED HEREIN, FINDING AND DETERMINING THAT THE
PROPERTY ABUTTING UPON SOUTH STAPLES STREET, EVERHART ROAD
AND GOLLIHAR ROAD, WITHIN THE LIMITS DEFINED, WILL BE
SPECIALLY BENEFITED AND ENHANCED IN VALUE IN EXCESS OF THE
AMOUNT OF THE COST OF SAID IMPROVEMENTS PROPOSED TO BE AND
AS HEREIN ASSESSED AGAINST SAID PROPERTY ABUTTING UPON SOUTH
STAPLES STREET, EVERHART ROAD, AND GOLLIHAR ROAD, AND LEVYING
AN ASSESSMENT FOR THE PAYMENT OF A PORTION OF THE COST OF
IMPROVEMENTS OF SAID STREETS, WITHIN SAID LIMITS, FIXING A
CHARGE AND LIEN AGAINST THE PROPERTY ABUTTING UPON SAID SOUTH
STAPLES STREET, EVERHART ROAD AND GOLLIHAR ROAD, AND THE REAL
AND TRUE OWNER OR OWNERS THEREOF, PROVIDING FOR THE ISSUANCE
OF ASSIGNABLE CERTIFICATES UPON THE COMPLETION AND ACCEPTANCE
OF SAID WORK, THE MANNER AND TIME OF PAYMENT AND PROVIDING
THE MANNER AND METHOD OF COLLECTION OF SAID ASSESSMENTS AND
CERTIFICATES; AND DECLARING AN EMERGENCY,
WHEREAS., The City Council of Corpus Christi, Texas, by duly enacted
ordinance passed and approved on October 10, 1956, determined the necessity for,
and ordered the improvements of South Staples Street, Everhart Road and Gollihar
Road, within the limits hereinafter defined, in the manner and according to the
plans and specifications heretofore approved and adopted by the City Council
by ordinance dated October 10, 1956, said portions of said streets to be improved
being as follows, to -wit:
South Staples Street from the Southeastern boundary line of
Hamlin Drive to a point 853.7 feet Southeast of the Southeastern
boundary line of Everhart Road
Everhart Road from the Southwestern boundary line of South Staples
Street to the Southwestern boundary line of Gollihar Road
Gollihar Road from the Southeastern boundary line of Everhart Road
to the Southwestern boundary line of South Staples Street
a duly executed notice of said ordinance having been filed in the name of said
City with the County Clerk of Nueces County, Texas; and
WHEREAS, Said City Council of the City of Corpus Christi, Texas, after
having advertised for and received bids on the construction of said improvements
for the length of time and in the manner and form as required by the Charter of
�f4�z
said City and the laws of the State of Texas, and after having duly and regularly
made appropriation of funds 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 contract for the construction of said
improvements to Heldenfela Brothers on its lowest and most advantageous bid
and said contract has been heretofore duly executed by said City of Corpus Christi
Brothers
and Heldenfels /and is dated October 10, 1956, and the Performance Bond required
by said contract has been properly furnished by said Heldenfels Brothers, 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
WHEREAS, 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 amount per front foot proposed to be assessed against the property
abutting upon South Staples Street, Everhart Road, and Gollihar Road, within
the limits herein defined, to be improved, and the real and true owners thereof,
and said Director of Public Works has heretofore filed said estimates and a
statement of other matters relating thereto with said City Council, and same
has been received, examined and approved by said City Council; and
WHEREAS, Said City Council, by duly enacted ordinance dated October 10,
1956, did determine the necessity of levying an assessment for that portion of
the cost of constructing said improvements on South Staples Street, Everhart Road
and Gollihar Road, 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 2:00 o'clock P.M., on October 24, 19562 in the Council Chamber
of the City Hall of Corpus Christi, Texas, for the real and true owners of the
property abutting upon said streets, within the limits above defined, and for
all others owning or claiming any interest in, or otherwise interested in said
property, or any of said matters as to the assessments and amounts to be assessed
against each parcel of abutting property and the real and true owner or owners
thereof, and as to the special benefits to accrue to said abutting property by
virtue of said improvements, if any, or concerning any error, invalidity,
irregularity or deficiency in any proceedings, or contract, to appear and be
heard in person or by counsel and offer evidence in reference to said matters;
and said City Council did by said ordinance order and direct the City Secretary
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 in the City of Corpus Christi, Texas, of general circula-
tion, said notice to be published in said newspaper at least three (3) times
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 4Oth Legislature of the State of Texas, known and shown
as Article 1105 —b of Vernon's Annotated Civil Statutes of Texas; and
WHERE.&S, Said City Council did further order and direct said City
Secretary, in addition to said published notice as aforesaid, which was provided
to be valid and sufficient in itself, to include in said notice a list of the
apparent owners of said abutting property as set out in said Director of Public
Works' written report, and providing that said list of apparent owners and the
descriptions of said properties, so included, shall be cumulative of and in
addition to the requirements of said notice as required by law and shall not be
conclusive as to the real and true owners or the descriptions 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
WHEREAS, Said notice as ordered and directed by said City Council and
as required by said Acts and Charter of said City as above identified, was duly
given publication of same in the Corpus Christi,Times, a newspaper published in
the City of Corpus Christi, Texas, on October 13, 1956, October 18, 1956, and
October 22, 1956, said notice so published having included therein a list of the
apparent owners as set out in said Director of Fublic Works' written report as
directed in the aforesaid ordinance; and
WHEREIN.,, 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 October 24, 1956, at 2:00 o'clock p.m. in the
Council Chamber of the City Hall in the City of Corpus Christi, Texas, in accord-
ance with said ordinance and notice, at which time an opportunity was given to
all said above mentioned persons, firms, corporations and estates, their agents
and attorneys, to be heard and to offer evidence as to all matters in accord-
ance with said ordinance and notice, at which time the following appeared and
offered the following testimony:
MR. DRAHN JONES, DIRECTOR OF�RUBLIC WORKS, APPEARED, AND IN RESPONSE
TO QUESTIONS BY THE CITY ATTORNEY TESTIFIED THAT HE WAS FAMILIAR'.
WITH THE PLANS AND SPECIFICATIONS FOR THE IMPROVEMENTS TO BE
MADE ON -SOUTH STAPLES STREET FROM THE SOUTHEASTERN BOUNDARY LINE
OF HAMLIN DRIVE TO A POINT 853.7 FEET SOUTHEAST OF THE SOUTHEASTERN
BOUNDARY LINE OF EVERHART ROAD, THE PORTION OF EVERHART ROAD FROM
THE SOUTHWESTERN BOUNDARY LINE OF SOUTH STAPLES STREET TO THE
SOUTHWESTERN BOUNDARY LINE OF GOLLIHAR ROAD, AND THE PORTION OF
GOLLIHAR ROAD FROM THE SOUTHEASTERN BOUNDARY LINE OF EVERHART ROAD
TO THE SOUTHWESTERN BOUNDARY LINE OF SOUTH STAPLES STREET, AND
THAT THE IMPROVEMENTS ARE TO INCLUDE A SIXTY -ONE FOOT PAVEMENT
FROM FACE TO FACE OF THE CURB, AND THREE FEET FOR CURB AND GUTTER
WITH SIX INCHES ON EACH SIDE ADDED TO THE CURB, MAKING A TOTAL OF
SIXTY -FIVE FEET FROM BACK TO BACK OF CURB, THE PAVEMENT TO BE
COMPOSED OF 4 1/2 INCHES TYPE °A" ASPHALTIC CONCRETE FOR THE BASE
COURSE AND 1 1/2 INCHES OF ASPHALTIC CONCRETE TYPE "Bv FOR THE
SURFACE COURSE. HE ALSO EXPLAINED THE RATE OF ASSESSMENT PROPOSED.
MR. ROY CALDWELL AND MR. J. A. C. BAKER APPEARED AND IN RESPONSE TO
QUESTIONS BY THE CITY ATTORNEY EACH TESTIFIED FOR HIMSELF, THAT HE
WAS NOW, AND HAD BEEN FOR A NUMBER OF YEARS, ENGAGED IN THE REAL
ESTATE BUSINESS IN THE CITY OF CORPUS CHRISTI, AND THAT HE WAS
FAMILIAR WITH THE REAL ESTATE AND PROPERTY VALUES GENERALLY IN
SAID CITY, AND PARTICULARLY WITH SOME OF THE PROPERTIES ABUTTING
UPON THAT PORTION OF SOUTH STAPLES PTO BE IMPROVED; THAT HE WAS
FAMILIAR WITH THE TYPE AND CHARACTER OF SAID PROPOSED IMPROVEMENTS,
AND THAT IN HIS OPINION EACH AND EVERY PARCEL OF PROPERTY ABUTTING
UPON SAID STREET, WITHIN SAID LIMITS TO BE IMPROVED, WILL BE SPECIALLY
BENEFITED AND ENHANCED IN VALUE AS A RESULT OF THE CONSTRUCTION OF
SAID IMPROVEMENTS UPON SAID STREET UPON WHICH IT ABUTS, AND THAT
THE AMOUNT OF SUCH SPECIAL BENLFITS BY ENHANCEMENT IN VALUE WILL
BE, IN EACH INSTANCE IN EXCE55 OF THE AMOUNT ASSESSED PER FRONT
FOOT THEREOF.
MR. FAIRES %JADE APPEARED, REPRESENTING LOWELL BENEFIELD, AN
INDEPENDENT BILLING STATION OPERATOR, AND OBJECTED TO THE
FULL ASSESSMENT, BECAUSE OF THE SHAPE AND SIZE OF THE PROPERTY,
BECAUSE OF THE FACT THAT THE PROPERTY WAS SMALL, AND THAT IT
WAS PROPOSED THAT ASSESSMENTS BE AGAINST IT FOR IMPROVEMENTSON
THREE SIDES. HE ALSO OBJECTED TO THE SIDEWALK IMPROVEMENTS WWirM,
w ON THE EVERHART SIDE OF THE BLOCK. -
NIR. J. R. SORRELL APPEARED, REPRESENTING G. R. SWANTNER, AND OBJECTED
TO THE SIDEWALK IMPROVEMENTS UNTIL COMPLETION OF THE SUBDIVISION.
MR. FRANK MiDSELEY APPEARED AND OBJECTED TO THE FULL ASSESSMENT
ON HIS DRIVE -IN GROCERY STORE AND FELT THAT HE SHOULD BE GIVEN
CREDIT FOR EXISTING IMPROVEMENTS.
S. F. CORSELIUS APPEARED AND OBJECTED TO THE FULL ASSESSMENT DUE
TO THE FACT THAT IT WOULD NOT ENHANCE HIS PROPERTY IN VALUE, BUT
IN APPEARANCE ONLY.
MR. TOM POGUE APPEARED, REPRESENTING DAHLIA MCCORD CARPENTER, AND
OBJECTED TO THE FULL ASSESSMENT BECAUSE OF THE HEAVY TRAFFIC, WHICH
WOULD DECREASE RATHER THAN INCREASE THE VALUE OF HER PROPERTY.
LOWELL BENEFIELD TESTIFIED THAT THE PROPOSED IMPROVEMENTS WOULD
IJOT INCREASE HIS BUSINESS.
G. R. NUNNALLY APPEARED AND TESTIFIED THAT HE WAS FAMILIAR WITH
THE PROPOSED IMPROVEMENTS IN THE VICINITY OF MR. BENEFIELD'S
FILLING STATION AND THAT THE VALUE WOULD NOT BE INCREASED MORE
THAN TEN PERCENT.
A FULL TRANSCRIPT OF SUCH TESTIMONY IS ON FILE IN THE OFFICE OF THE
CITY SECRETARY, AND IS MADE A PARTHEREOF BY REFERENCE.
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 closed; and
WHEREAS, No further parties appearing and no further testimony being
offered as to the special benefits in relation to the enhanced value of said
abutting property as compared to the cost of the improvements 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 contract hereto-
fore had in referrence to the improvements of said streets; and
WHEREAS, Said City Council has heard evidence as to the special
benefits and enhanced value to accrue to said abutting property, and the real
and true owner or owners thereof, as compared with the cost of making said
improvements on said streets, within the limits above defined, and has heard
all parties appearing and offering testimony, together with all protests and
objections relative to such matters and as to any errors, invalidities or
irregularities in any of the proceedings and contract for said improvements,
and has given a full and fair hearing to.all parties making or desiring to
make any such protest, objection, or offer testimony and has fully examined and
considered all evidence, matters, objections and protests offered and based upon
said evidence, testimony and statements, said City Council finds that each and
every parcel of property abutting upon South Staples Street, Everhart Road, and
Gollihar Road, within the limits to be improved as herein defined, will be
enhanced in value and specially benefited by the construction of said improve-
ments upon the said streets upon which said property abuts, in an amount in
excess of the amount of the cost of said improvements proposed to be, and as
hereinbelow assessed against each
,and every said parcel of abutting property,
and the real and true owner or owners thereof, and said City Council did
consider and correct all errors, invalidites or deficiencies called to its
attention and did find that all proceedings and contracts were proper and in
accordance with the Charter of said City and the laws of the State of Texas,
under which these proceedings 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 d'id further find upon said
evidence that the assessments hereinbelow made and the charges hereby declared
against said abutting property on said South Staples Street, Everhart Road and
Gollihar Road, 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 cost of said improvements between said abutting properties, and
the real and true owner or owners thereof, as just and equitable, and as producing
substantial equality considering the benefits to be received and the burdens
imposed thereby, and that all objections and protests should be overruled and
denied:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That there being no further protest or testimony for or
against said.improvements, said hearing granted to the real and true owners of
abutting property on said streets, within the limits above defined, and to all
persons, firms, corporations and estates, owning or claiming same or any interest
therein, be, and the same is hereby closed and all protests and objections,
whether specifically mentioned or not, shall be, and the same are hereby over-
ruled and denied.
SECTION 2. That said City Charter hereby finds and determines upon
the evidence heard in reference to each and every parcel of property abutting
upon South Staples Street, Everhart Road and Gollihar Road, within the limits-
defined, that the special benefits in the enhanced value to accrue to said
property and the real and true owner or owners thereof, by virtue of the construc-
tion of said improvements to said portions of said streets upon which said
property abuts, will be in excess of the amount of the cost of said improvements
as proposed to be, and as herein assessed against said abutting property and the
real and true owners thereof, and finds that the apportionment of the cost of
said improvements, and that all assessments hereinbelow made are just and equit-
able and produce substantial equality considering the benefits received and the
burdens imposed thereby, and are in accordance with the laws of the State of
Texas, and the Charter provision of the City of Corpus Christi, Texas, and that
the proceedings and contract 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 hereinabove
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 3. That in pursuance of said ordinance, duly enacted by
said City Council, authorizing and ordering the improvement of South Staples
Street, Everhart Road, and Gollihar Road, within the limits hereinabove defined,
and in pursuance of said proceedings heretofore had and enacted by said City
Council in reference to said improvements and by virtue of the powers vested in
said City with respect to said street improvements by the laws of the State of
Texas and the Charter of said City, with particular reference to Chapter 106
of the Acts of the First Called Session of the 40th Legislature of the State of
Texas, known and shown as Article 1105 -b of Vernonls Annotated Civil Statutes of
Texas, as amended, there shall be, and is hereby levied, assessed and taxed
against the respective parcels of property abutting upon said portions of said
streets, and against the real and true owners thereof, whether such real and true
owner or owners be named or correctly named herein or not, the several sums of
money hereinbelow mentioned and itemized opposite the description of the respective
parcels of said property, the number of front feet of each and the several amounts
assessed against same and the real and true owner or owners thereof, and names
of the apparent owners thereof, all as corrected and adjusted by said City Council,
being as follows, to -wit:
TYPE OF PAVEMENT
CONTRACT 04TE-
EA5T 5ir>p- 50. STAPLES 5T- FROM �4 AM Llw DQivE SOUTW TO GOLLIWAP ROAD 5OUTW Or-EvEipawALzT ROAD
6 -POT MIX A5PWALT BASE AND SU;2FACE CONT;ZA,:T3V
OCT015ER -A� 195rp d- FA C E -fq -FAQJ—(7f ROADWAY
AssESSIv1ENT RATE PAvE,,,iEU-rANi)CuReAmrGIJTTEP-
_CONSTRUCTION S95L Z;10TINCI-VING SIDFWAl OM DIZiVEWAYS)
COST OF CURB AND GUTTER PE Q LINEAL FOOT R 1.50 A-GO-(C. 2ESMENTIAL PER Fvowr FOOT
COST OF SIDEWALK DER SQUARE FOOT-O,-;G (IZ-1 2)
8.7.54G8 8U51NESS RATE PER FRONT Foor
COST OF CONCRETE Do vr: WAY PER SQUARE FOOT- 0.60 (OTH EPL THAN IZ-1 AND
-3
�'4-5ZZY PZ-OC�- r d
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70 So STAPLES 57
TYPE OF PAVEMENT r.' HOT MIX AS1 -IALT BGSE Aur7_S�J - GE
CONTRACT DATE oLd' -p Fp- 10 ,1156
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SECTION 4. 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 hereinabove
stated the assessments herein set 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 or frontage shall bear to the whole number of front feet
of property actually improved in accordance with the front foot rate of assess-
ment herein adopted, it being the intentions that each parcel of property and
the real and true owner or owners thereof abutting on South Staples Street,
Everhart Road, and Gollihar Road, 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 of 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 South Staples Street, Everhart Road and Gollihar
Road, all certificates hereinafter provided for, issued to evidence said assess-
ments against said parcels of property abutting upon said streets, and the real
and true owner or owners thereof, shall be issued in accordance with, and shall
evidence the actual frontage of said property and the actual cost of said improve-
ments, the amount named in said certificate in no case to exceed the amount
herein assessed against such property unless such increase be caused by an
excess of front footage over the amount hereinabove stated, such actual cost
and such actual number of front feet, if different from that hereinabove shown
in Section 3 hereof, to be determined by the Director of Public Works upon
completion of said work on South Staples Street, Everhart Road and Gollihar Road,
and the findings of said Director of Public Works shall be final and binding
upon all parties concerned.
SECTION 5. That the several sums mentioned above in Section 3 hereof
assessed against said parcels of property abutting on South Staples Street,
Everhart Road, and Gollihar Road, within the limits defined, and the real and
true owners thereof, whether named or correctly named herein or not, subject
to the provisions of Section 4 hereof, together with interest thereon at the
rate of five percent (5 %) per annum with reasonable attorney's fees and all
costs and expenses of collection, if incurred, are hereby declared to be 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 wit: October 10, 1956, and a personal liability and charge against
the real and true owner or owners thereof, whether or not such owner or owners
be named or correctly named herein, 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 liens, claims or title, except
for lawful ad valorem taxes; and that the sums so assessed shall be payable as
follows, to -wit: in five (5) equal annual installments, the first of which will
be payable on or before twenty (20) days after the completion of said improve-
ments 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 (2), 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 %) 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 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 property, 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
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:
October 10, 1956, 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 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 prerequisites to the fixing 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 matters and facts so recited and no further
proof thereof shall be required in any Court.
That all said certificates may have coupons attached thereto in
evidence of each or any,of the several installments thereof, which may be signed
with the facsimile signatures of the Mayor and City Secretary.
That said certificates shall further provide in effect that the City
of Corpus Christi, Texas, shall exercise all of its lawful powers, when requested
so to do by the holder of said certificates, to aid in the enforcement and
collection thereof, and said certificates may contain other and further rentals
pertinent and appropriate thereto. It shall not be necessary that said certificates
shall be in the exact form as above set forth, but the substance and effect thereof
shall suffice.
SECTION 8. That all such assessments levied are a personal liability
and charge against the real and true owner or owners of the property described,
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
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 Heldenfels 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 mayibe 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 securing same and the several sums assessed against the said parcels of
property and the real and true owner or owners thereof, and the time and terms
of payment, and to aid in the enforcement thereof, assignable certificates shall
be issued by the City of Corpus Christi, Texas, to Heldenfels Brothers upon the
completion of said improvements in said streets and acceptance thereof by said
City Council, which certificates shall be executed by the Mayor in the name of
the City, attested by the City Secretary with the corporate seal 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
and acceptance of the improvements for which the certificate is issued, 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 number, or front
foot thereof, or such other description as may otherwise identify the same, and
if the said property shall be owned by an estate or firm, then to so state the
fact shall be sufficient and no error or mistake in 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 attorney Ts fees and all
expenses and costs of collection, if incurred, and said certificate shall set
forth and evidence the personal liability of the real and true owner or owners
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 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 South Staples Street, Everhart Road, and Gollihar Road,
which is exempt from the lien of said assessment, shall in no wise effect or
impair the validity of assessmentssagainst the other parcels of property abutting
upon said streets; 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 as, or less than,
the estimates of said assessments prepared by the Director of Public Works and
approved and adopted by said City Council and are in accordance with the proceedings
of said City Council relative to said improvements and assessments therefor, and
with the terms, powers and provisions of said Chapter 106 of the acts of the
First -Called Session of the 40th 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, Texas, under which terms, powers and provisions
said proceedings, said improvements and assessments were had and made by said
City Council.
SECTION g. The fact that South Staples Street, Everhart Road, and
Gollihar Road have become important thoroughfares and connect important
thoroughfares and the fact that the present condition of the streets, within
the limits herein defined, is dangerous to the health and public welfare of
the inhabitants thereof creates a public emergency and an imperative public
necessity, requiring the axspension 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 (3) several meetings of the City Council,
and the Mayor having declared that such emergency and imperative public
necessity exists, 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 force and effect from and
after its passage, it is so ordained,
PASSED AND APPROVED this the i_ day of October, A. D., 1956.
MAYOR
City of Corpus Christi, Texas
ATTEST:
_ /l1" 1-3-- cc
City Secretary
APPROVED AS TO LEGAL FORM:
City Attorney
CORPUS CHRISTI, TEXAS
3 I , 1956
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
GENTLEMEN:
r
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING
ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPENSION
OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED
FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL
BE READ AT THREE MEETINGS OF THE CITY COUNCIL; I, THEREFORE, HEREBY REQUEST THAT
YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON
THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL.
RESPECTFULLY,
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
FARRELL D. SMITH
MINOR CULL]
W. J. ROBERTS
B. E. BIGLER
MANUEL P. MALDONADO
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
FARRELL D. SMITH
MINOR CULL[
W. J. ROBERTS
B. E. BIGLER
MANUEL P. MALDONADO Wes+
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