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HomeMy WebLinkAbout06518 ORD - 05/16/1962�tb -62 - AN ORDINANCE LEVYING ASSESSMENTS AGAINST VARIOUS PERSONS AND THEIR PROPERTY FOR THE PAYMENT OF A PART OF THE COST OF IMPROVING AND PAVING PORTIONS OF THE FOLLOWING STREETS AND PORTIONS THEREOF IN THE CITY OF CORPUS CHRISTI, TEXAS, TO -WIT: 1. KOSAR STREET FROM AYERS STREET TO NAPLES STREET (2 BLOCKS); 2. VINE STREET FROM HAMILTON ROAD TO EAST FRONTAGE ROAD OF HARBOR BRIDGE; 3; VINE STREET FROM WEST FRONTAGE ROAD OF HARBOR BRIDGE TO AVENUE I'D "; !} VINE STREET FROM AVENUE D TO U.S. HIGHWAY 181; DAVIS STREET'FROM TIMON BOULEVARD TO AVENUE D; 6. DAVIS STREET FROM AVENUE D TO HIGHWAY 181; AND 7. HAMILTON ROAD EXTENSION FROM BUSHICK PLACE TO OXFORD PLACE; PROVIDING FOR THE TIME WHEN SUCH ASSESSMENTS BECOME DUE AND PAYABLE, THE RATE OF INTER- EST, AND FIXING A CHARGE AND LIEN AGAINST SAID PROPERTY AND MAKING SAID CHARGE A PERSONAL LIABILITY OF THE PROPERTY OWNERS OWNING PROPERTY ABUTTING ON SAID STREETS, AND PROVIDING FOR THE COLLECTION THEREOF; AND DECLARING AN EMERGENCY. WHEREAS, HERETOFORE, AN ORDINANCE WAS DULY ADOPTED BY THE CITY COUNCIL ORDERING THE IMPROVEMENTS OF 1. KOSAR STREET FROM AYERS STREET TO NAPLES STREET (2 BLOCKS); 2. VINE STREET FROM HAMILTON ROAD TO EAST FRONTAGE ROAD OF HARBOR BRIDGE; VINE STREET FROM WEST FRONTAGE ROAD OF HARBOR BRIDGE TO AVENUE "D"; VINE STREET FROM AVENUE D TO U.S. HIGHWAY 181; °j. DAVIS STREET FROM TIMON BOULEVARD TO AVENUE D; 6. DAVIS STREET FROM AVENUE D TO HIGHWAY 181; AND 7. HAMILTON ROAD EXTENSION FROM BUSHICK PLACE TO OXFORD PLACE; BY FILLING, RAISING, GRADING AND PAVING SAME; AND, WHEREAS, PURSUANT TO SAID ORDINANCE, SPECIFICATIONS WERE PREPARED FOR SAID WORK BY THE DIRECTOR OF PUBLIC WORKS, FILED WITH SAID COUNCIL, EXAMINED, APPROVED, AND ADOPTED BY IT, ALL AS REQUIRED BY APPLICABLE LAW; AND, WHEREAS, THEREAFTER IN COMPLIANCE WITH THE LAW THE DIRECTOR OF PUBLIC WORKS n PREPARED HIS STATEMENTS OR LISTS SHOWING THE NAMES OF PROPERTY OWNERS UPON SAID STREETS, THE DESCRIPTION OF THEIR PROPERTY, THE TOTAL COST OF THE SAID IMPROVEMENTS, THE COST THEREOF, PER FRONT FOOT AND THE COST OF EACH PROPERTY OWNERS, SAID STATEMENTS POSSESSING ALL THE OTHER REQUITIES REQUIRED BY LAW; AND, WHEREAS, THEREAFTER THE SAID STATEMENTS WERE FILED WITH THE CITY COUNCIL AND BY THEM EXAMINED AND APPROVED AND AN ORDINANCE WAS PASSED BY SAID COUNCIL DETERMINING THE NECESSITY OF MAKING AN ASSESSMENT FOR PART OF THE COST OF SAID PAVEMENT AGAINST PROPERTY OWNERS AND THEIR PROPERTY, AND FIXING A TIME AND PROVIDING FOR A HEARING TO SUCH PROPERTY OWNERS, THEIR AGENTS, OR ATTORNEYS, ALL IN ACCORDANCE WITH THE TERMS OF APPLICABLE LAW, AT WHICH HEARING SAID OWNERS WERE TO BE HEARD AS TO THE BENEFITS OF THE SAID IMPROVEMENTS TO THEIR PROPERTY, AS TO ANY ERROR OR INVALIDITY IN SAID PROCEEDINGS, OR TO ANY MATTER OR THING CONNECTED WITH THE SAID IMPROVEMENTS; AND, WHEREAS, THE SAID ORDINANCE IN CONNECTION WITH THE IMPROVEMENT OF SAID STREETS WAS DULY ADOPTED IN COMPLIANCE WITH THE LAW ON THE 14TH DAY OF MARCH, 1962; AND, I WHEREAS, thereafter, in accordance with the terms of the law, the City Secretary of the City of Corpus Christi gave notice to the property owners on said Streets , their agents and attorneys, of said hearing, by publish- ing a copy of said ordinances in theCorpus Christi Times , a daily paper of general circulation in the City of Corpus Christi, for three successive days prior to the days set for the hearing, to wit, the 27th April 8$ lst & 8th May , 19 62 and the City Secretary also gave notice of said hearing by posting registered or certified letters containing the same to said property owners, their agents and attorneys, ten days before the said hearing; provided, however, that any failure of the property owners to receive said notices shall not invalidate these pro- ceedings; and, WHEREAS, said hearing was had at the time and place mentioned in the said ordinance and notice, to wit, on the 9th day of May , 19 62 , at' 3 :00 o'clock P M. at the Council Chamber in the City Hall of the City of Corpus Christi, Texas which -hearing- was.-- oatinued_fsom -d y -to -day, -and -time _to -time, - the_----------- .daat�-- --- --- ---- - -- - -- r 4 - -- - and was then closed, and, 4 WHEREAS, at said hearing, all desiring to contest the said assessments, correct the same, or in any manner be heard concerning the benefits thereof, or in any other matter, were heard, and errors and all matters of error or mistake or inequalities or other matters requiring rectification which were called to the attention of the Council were rectified and corrected; Now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS; THAT, SECTION 1. That the action of the City Council closing the hearing and overruling the protests at the public hearing on the 9th day of May , 19 62 , in these proceedings is hereby ratified and confirmed by this ordinance. That the City Council, from the evidence, finds that the assessments herein levied should be made and levied against the respective parcels of property abutting upon the Streets hereinbelow mentioned and against the owners thereof, and that such assessments and charges are right and proper, and are substantially in proportion to the benefits to the respective parcels of property by means of the improvement in the unit or district for which such assessments are levied, and establish substantial justice and equality and uniformity between the respective owners of the respective properties and between all parties concerned, considering the benefits received and burdens imposed, and further finds that in each case the abutting property assessed is specially benefited in enhanced value to the said properties by means of the said improvements in the unit or district upon which the particular property abuts, and for which assessment is levied and charge made, in a sum in excess of the said assessment and charge made against the same by this ordinance, and further finds that the apportionment of the cost of the improvements is in accordance with the law in force in this City and the proceedings of the City heretofore had with reference to said improvements and is in all respects valid and regular. SECTION 2. There shall be and is' hereby levied and assessed against the parcels of property hereinbelow mentioned, and against the real and true owners thereof (whether such owners be correctly named herein or not), the sums of money CR below mentioned and itemized shown opposite the description of the respective par- cels of property, and the several amounts assessed against the same, and the owners thereof, as far as such owners are known, being as follows; -2- V-SP-2 SECTION 3. Where more than one person, firm or corporation owns an interest in any property above described, each said person, firm or corporation shall be personally liable only for its, his or her pro rata of the total assessment against such property in proportion as its, his or her respective interest bears to the total ownership of such property, and its, his or her respective interest in such property may be released from the assessment lien upon payment of such' proportionate sum. SECTION 4. The several sums above mentioned and assessed against the said parcels of property aria the owners thereof, and interest thereon at the rate of five per centum (5%) per annum, together with reasonable attorney's fees and costs of collection, if incurred, are hereby declared to be and are made a lien upon the respective parcels of property against which the same are assessed, and a personal liability and charge against the real and true owners of such property, whether such owners be named herein or not, and the said liens shall be and con- stitute the first enforceable lien and claim against the property on which such assessments are levied, and shall be a first and paramount lien thereon, superior to all other liens and claims except State, County, School District and City ad valorem taxes. The sums so assessed against the abutting property and the owner& thereof, shall be and become due and payable as follows, to -wit, in twee (I equal in- stallments, the first payable on or before thirty (30) days from the completion and acceptance of the improvements in the unit or district upon which the property abuts, and one (1) each month thereafter until the total amount is paid; deferred payments shall bear interest from the date of such completion and acceptance at the rate of five per centum (5 %) per annum, payable monthly with each installment, so that upon the completion and acceptance of the improvements in a particular unit or district, assessments against such completed and accepted unit or district shall be and become due and payable in such installments, and with interest from the date of such completion and acceptance. Provided, however, that any owner shall have the right to pay the entire assessment, or any installment thereof, be- fore maturity, by payment of principal and accrued interest, and further .provided that if default shall be made in the payment of any installment of principal or interest promptly as the same matures, than the entire amount of the assessment upon which such default is made shall, at the option of the said City of Corpus Christi, or its assigns, be and become immediately due and payable, and shall be collectible, together with reasonable attorneys' fees and costs of collection, if incurred. SECTION 5. That if default be made in the payment of any of the said sums hereby assessed against said property owners and their property, collection thereof shall be enforced either by the sale of the said property by the Assessor and Collector of Taxes of the City of Corpus Christi as near as possible in the manner provided for the sale of property for non - payment of ad valorem taxes; or at the option of the said City of Corpus Christi the payment of the said sum shall be enforced by suit in any court having jurisdiction. SECTION 6. That for the purpose of evidencing the several sums payable by said property owners and the time and terms of payment, and to aid in the en- forcement thereof, assignable certificates shall be issued by the;:City of Corpus Christi upon the completion and acceptance of the said work of improvement, which shall be executed by the Mayor, signing the same or by his facsimile signature impressed thereon, attested by the City Secretary, under the impress of the corporate seal, and shall be payable to the City of Corpus Christi, or its assigns, v -SP -3 -3- which certificate shall declare the said amounts and the time and terms of payment thereof, and the said rate of interest payable thereof, and shall contain the name of the owner and the description of his property by Lot or Block Number or front feet thereof, or such description as may otherwise identify the same by reference to any other fact, and if said property shall be owned by an estate, then the description thereof as so owned shall be sufficient. And the said certificates shall further provide that if default shall be made in the payment of any installment of principal or interest thereon, when due then at the option of the said City of Corpus Christi being the owner and holder thereof, the whole of the said assessment shall at once become due and payable and shall be collectible with reasonable attorney's fees and costs if incurred. And the said certificates shall further set forth and evidence the said personal liability of the owner and the lien upon his premises, and shall provide that if default shall be made in the payment thereof, the same may be enforced either by sale of the property by the Tax Assessor and Collection of the City of Corpus Christi, as above recited, or by suit in any court having jurisdiction. And the said certificates shall further recite that the proceedings with reference to making said improvements have been regularly had in compliance with the terms of the applicable law, and that all pre- requisites to the fixing of the lien and claims of personal liability evidenced by such certificates have been per- formed, which recitals shall be evidence of the facts so recited and no further proof thereof shall be required. That the said certificates shall also provide the amounts payable thereunder shall be paid to the Collection Supervisor of the City of Corpus Christi, who shall credit said payments upon the said certificates, and shall immediately de- posit the amounts so collected with the City Treasurer of the City of Corpus Christi. And the said certificates shall further provide that the City of Corpus Christi shall exercise all legal power, when requested so to do by the holder:of ulidld certificate, to aid in the collection thereof; "but the City of Corpus Christi shall in no wise be liable to the holder of said certificates in any manner for payment of the amount evidenced by the said certificates or for any costs or expense in the premises, or for any failure of the said City Council or any of its officers in con- nection therewith. Full power to make and levy reassessments, and to correct mistakes, errors, invalidities or irregularities, either in the assessments or in the certificates issued in evidence thereof, is in accordance with the law in force in this City, vested in the City. SECTION 7. All assessments levied are a personal liability and charge against the real and true owners of the premises described, notwithstanding such owners may not be named, or may be incorrectly named. SECTION 8. The assessments herein levied are made and levied under and by virtue of the terms, powers and provisions of an Act passed at the First Called Session of the Fortieth Legislature of the State of Texas, known as Chapter 106 of the Act's of said Session, with amendments thereto, now shown as Article 1105b of Vernon's Texas Civil Statutes, which said law has been adopted as an alternative method for the construction of street improvements in the City of Corpus Christi, Texas. The City shall likewise have the power to do the improvement by its own -4- V -sp -4 forces if, in the opinion of the City Council, the work can be done more expeditiously or economically. SECTION 9. The fact that in order to finance these improvements in an expeditious manner 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 it is introduced and that such ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor having declared such public emergency and imperative public necessity to exist, and having requested that such Charter rule be suspended and that this ordinance be passed finally on the date of, its introduction and take effect and be in f 1 force and effect from and after its passage, IT IS ACCORDINGLY SO 0 INED. PASSED AND APPROVED, the day of /mac 19 U ATTEST: MayorNo -Terw TEE CITY OF CORPUS CHRISTI, TEXAS 4� 51y Sec etary APPROVED AS TO LEGAL FORM THI THE DAY OF 19 CityjAttorney C -5- V-SP-5 CORPUS CHRISTI TEXAS TO THE KMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE- GOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR 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 15 INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. -• ♦ RESPECTFULLY, A OR ei -T4 Pro -Tem i THE CITY OF CORPUS CHRISTI, TEXAS ' x THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE$ i BEN F. MCDONALD TOM R. SWANTNER DR. ,JAMES L. BARNARD .I g JOSE R. DELEON all I M. P. MALDONADO ' ,''+a "•' A�', W. J. ROBERTS r� JAMES H. YOUNG ~ ' s THE ABOVE ORDINANCE WAS PASSED BY THE--FOLLOWING VOTE: r fYR .- BEN F. MCDONALD n ti TOM R. SWANTNER DR. JAMES L. BARNARD 6 JOSE R. DELEON M. P. MALDONADO rl W. J. ROBERTS } r • JAMES H. YOUNG 'A ok s� A; i i• 14 It n K •Au f•W .., x w.•A.rir. +nR. .� -`:14 ..'`.' * -ate.. C.. rn a a 6515