Loading...
HomeMy WebLinkAbout12006 ORD - 04/17/1974JRR:e:4 /16/74 1st is AN ORDINANCE CLOSING THE HEARING GIVEN TO THE REAL AND TRUE OWNERS OF PROPERTY ABUTTING UPON THE HEREINAFTER NAMED STREETS IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, TO -WIT: Nueces Bay Boulevard from Interstate 37 to Leopard Street: AND FINDING AND DETERMINING THAT PROPERTY ABUTTING SAID STREETS WILL BE SPECIFICALLY BENEFITED AND ENHANCED IN VALUE IN EXCESS OF COST OF THE IMPROVEMENTS AND LEVYING AN ASSESSMENT; FIXING A LIEN AND CHARGE, THE MANNER AND TIME OF PAYMENT AND COLLECTION; AND DECLARING AN EMERGENCY. WHEREAS, the City Council of the City of Corpus Christi, Texas, by duly enacted ordinance passed and approved on the 27th day of February, 1974, determined the necessity for, and ordered the improvement of the following streets: Nueces Bay Boulevard from Interstate 37 to Leopard Street; in the manner and according to the plans and specifications heretofore approved and adopted by the City Council by ordinance dated February 27, 1974, a duly executed notice of said ordinance having been filed in the name of the 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 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 their lowest and most advantageous bid and said contract has been awarded to Asphalt Paving and Construction Company by Ordinance dated April 17, 1974, and the performance bond required by said contract has been properly furnished by said Asphalt Paving and Construction Company and accepted by the 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 12006 WHEREAS, the said City Council has caused the Director of Engineer- ing and Physical Development 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 a portion of the aforesaid streets within the limit herein defined, to be improved, and the real and true owners thereof, and said Director of Engineering and Physical Development 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 February 27th, 1974, did determine the necessity of levying an assessment for that portion of the cost of constructing said improvements on the above named streets, within the limits herein defined, to be paid by the abutting property and the real and true owners thereof, and by ordinance dated February 27, 1974, and amended by ordinance dated March 13, 1974, did order a hearing to be held at 3:00 p.m. on the 10th day of April, 1974 in the Council Chamber at City Hall, in the City of Corpus Christi, Texas, for the real and true owners of the property abutting 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 or 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, irregulatiry 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 the City Council did by said ordinance order and direct the City to give notice of said hearing to the owners abutting upon said street as shown by the current ad valorem tax roll by mailing such notice to such owners and publishing said notice at least three times in the Corpus Christi Times before the date of the hearing, such notice of mail and by publication being in compliance with the provisions of Article 1105b of Vernon's Annotated Civil Statutes of Texas; and -2- WHEREAS, such notice was given said owners of property as shown on the current ad valorem tax roll within the limits of the street being improved by mailing such notice at least fourteen (14) days prior to the hearing to such owners and by publishing three times notice of such hearing in the Corpus Christi Times, the first of which publication was at least twenty -one (21) days prior to the date of said hearing; both forms of notice being in compliance with and containing the information required by Article 1105b, Vernon's Annotated Civil Statutes; and WHEREAS, after due, regular and proper notice thereof, all as pro- vided by law and the Charter of the City of Corpus Christi, said hearing of which notice was given, was opened and held on April 10, 1974, in the Council Chamber at 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 above mentioned persons, firms,corporations and estates, their agents and attorneys, to be heard and to offer evidence as to all matters in accordance with said ordinance and notice, at which time the following appeared and offered the following testimony: -3- Minutes Regular Council Meeting April 10, 1974 Page 8 LW—I =y -o#- Corpus - aervi ce to--- Ed r He stated he was to have had an answer from the staff two weeks from that date but had not been contacted. Mr. Johnson explained that he was not being paid to plead time case of Edroy but his concern was to get water to these people, and felt the requ4t was being frustrated by concerns of the Corpus Christi staff. He i stated it appeara'One of the questions is concerning standards and methods of providing the facilities. He pp�inted out that attempts to form a water district had been con- fused by the City staff attempting to require too expensive water and sewer facilities. He stated he has no objections to minimum standards, but that he does not think the City's minimum standards confo* with standards described in a communication from the City Manager. City Manager Townsend statel{ the staff was prepared to meet with Mr. Johnson and representatives of the community, standards that are not spelled out, c out that the City could not agree to that it is much more expensive to install a water system adequate for fire equipmlept operation, etc., than for usual residential use, and stated there is a question regarding the undeveloped property. Mr. Johnson stated the district the people oaf ,Edroy propose to form could V get a Farmers Home Administration loan for the water proj64t and an Environmental Protection Agency grant for the sewer system. He explained that there has been no thought of incorporation; that it is a political subdivision instead of a City, and they need some kind of tax base. He stated a petition would have td\be submitted to a the Water Rights Commission and they need to know what it will take to,gge the organization formed by the City of Corpus Christi. S` Motion by Acuff, seconded by Ricardo Gonzalez and passed, that an be brought forward approving FHA standards for water and sewer facilities for _the— .Water -Rights Commissioom,_ Mayor Luby announced the scheduled public hearing for street improvements to Nueces Bay Boulevard, Interstate 37 to Leopard. City Manager Townsend explained the purpose of the hearing and the legal processes required in bringing about paving projects of this nature. He stated Assistant City Attorney Gerry Miller would conduct the hearing. Mr. Miller stated the purpose of the hearing is to comply with the State Statute regarding paving assessments; that testimony will be offered from the Director of Engineering and Physical Development and evaluation testimony from a real estate appraiser to substantiate the assessments which appear on the Preliminary Assessment M t es • ar Council Meeting April 10, 1974 Page 9 Roll. He explained that the hearing is to form a basis on which the City Council, acting as a legislative body, would determine and establish the assessments on the abutting properties. Director of Engineering and Physical Development James R. Lontos was interrogated as to his identity, occupation, time of residence in the City, formal education and qualifications as an engineer, and his familiarity with the subject project. He presented plane and specifications, explained the nature and extent of the improvements, and .pointed out the location on the map of the portion of the street to be improved, being Nusces Bay Boulevard, from Interstate 37 Frontage Road to the north right of way line of Leopard Street. He stated the construction will consist of excavation, standard curb and gutter, concrete sidewalks, and reinforced concrete driveways. He explained the streets are to be constructed in accordance with.the City's paving assessment policy, using the low bid submitted by Asphalt Construction Company, and applying the rate to the front footage of the abutting property. He described the calculated rates per linear foot of the improvements on curb, gutter and pavement based on the width of the street, and the calculated rates per square foot on sidewalks, driveways and header curb, and explained that credit had been allowed for sidewalk in place and meeting City standards. He stated the Preliminary Assessment Roll reflects the total contract price as $89,243.95, total preliminary assessments, $32,476.13, and total City portion, $56,767.82. Mr. Lontos pointed out that directly opposite Magnolia Street there are only two property owners involved, and suggested that that portion of access right of way be resolved which would have a definite affect on the assessment roll. City Manager Townsend concurred in this suggestion stating be would wholeheartedly support the closing of Rose Street. Mr. Lontos explained that construction on this project is scheduled to begin within the next 45 days and completion in the fall of this year. Commissioner Branch stated he had been of the opinion that the improvements were to be continued all the way to UpRiver Road. Paving Coordinator Joe Pierce explained that there is a petition being circulated at the present time for the paving of this section of roadway, but that it has not been submitted to the staff. Mr. Lontoe stated a cost estimate on this would be worked out and submitted to the Council. Mr. Harold Carr testified as to his identity as a real estate appraiser, time of residence in the City, experieno� as an appraiser of all types of real estate, and familiarity with the subject project. His written statement of qualifications as tes •lar Council Meeting April 10, 1974 Page 10 an appraiser was filed with the City Secretary. He stated he had, within the last week, personally examined each parcel of land involved with the view of the effect on the properties as a result of the improvements, and that it is his opinion each and every parcel would be enhanced in value as a result of the proposed improvements at least to the amount of the assessments, with the following exceptions. Item #10, Westside Automotive of Corpus Christi Lots 1, 3, 4 & 5, Block 1, Barthlome Addition, and one -half of the right of way of Rose Street (closed); Item 09, George Byrd, Lot 1, Block 2, Barthlome Addition; Item #12, Pearl Fischer, Lots 1 & 2, Block 4, Barthlome Addition and one- half of Lily Street (closed). Mr. Carr explained that the foregoing properties are irregular in shape and will not receive the full benefit of the improvements, and is recommending specific reductions in the assessments. He stated it was his opinion that the assessment on Item #12 should be reduced to $3,288.80 , and that the assessments on Items #9 and #10 cannot be determined until a mathematical determination of size has been worked out. Mr. Carl W. Bertsch, Lot 99, Baymoor Addition, spoke in opposition to the construction of sidewalks on both sides of Magnolia Street, stating that the residents are mostly elderly and the elimination of the sidewalk would be a great financial help to them. City Manager Townsend explained that it had been the policy for many years to construct sidewalks on both sides of major streets, that it is required of subdividers and therefore should be required of the City. He pointed out that this street does go under the Expressway and to the Post Office, and that he feels the sidewalks are warranted. Mr. Bertsch warned that the sidewalk construction would not hold up because of the type of soil in that area. Mr. George Byrd, Lot 1, Block 2, Barthlome Addition, stated he was not officially objecting to the improvements at this time, but wanted to go on record as not agreeing to anything at this time. Motion by Branch, seconded by Acuff and passed, that the hearing be closed and tabled for further consideration. Cooky 321 Breezeway And� Paul R. Burkett, 322 Breezeway, all spoke in opposition to the ordinance changing the name of Breezeway- Street, between the 2800 Block of South Alameda and Austin Street, to Angel Avenue. The objections were generally on r • 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 cost of the improvements of said portion of said streets proposed to be assessed against said property, or as to any errors, invalidities or irregularities, in the proceeding or contract heretofore had in reference to the portions of said streets to be improved; 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 pro- tests and objections relative to such matters and as to any errors, invalidi- ties or irregularities in any of the proceedings and contract for said im- provements, 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 the portion of the streets aforesaid within the limits to be improved as herein defined, will be enhanced in value and specially benefited by the construc- tion of said improvements 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 owners thereof, and said City Council did consider and correct all errors, invalidities 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 those proceedings were being had, and the pro- ceedings of said City Council heretofore had with reference to such improve- ments, and in all respects to be valid and regular; and said City Council -4- did further find upon said evidence that the assessments hereinbelow made and the charges hereby declared against said abutting property on the portions of the streets hereinabove described, within the limits defined, and the real and true owner or owners thereof, are just and equitable and did adopt the rule of apportionment set out 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 except the corrections and changes as appear on the final assess- ment roll included in this ordinance. 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 overruled and denied. SECTION 2. That said City Council hereby finds and determines upon the evidence heard in reference to each and every parcel or property abutting upon the aforesaid streets, 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 construction of said improvements to said portion 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 equitable 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 provisions of the City of Corpus Christi, Texas, and that the proceedings and contract heretofore -5- 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 ordinances, duly enacted by said City Council, authorizing and ordering the improvements of the above described street, within the limits defined, and in pursuance of said pro- ceedings 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 1105b of Vernon's 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 portion 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: Qla i + CORRECTED RRUS.rUNARY ASSESSMENT ROLL Naeces Bay Boulevard, from Interstate 37 frontage road to the north R.O.W. line of Leopard Street. The construction of the street will consist of the excavation to a width and depth to permit the construction of standard curb and gutter section, a compacted 6" lime stabilized subgrade, an 8" lime stabilized caliche base to a width of 45' bask to back of curb trensitioning into a width of 55' back to back of curb at the intersection of I.R. 37 and Leopard Street to permit a right turn lane. Also to be constructed are concrete sidewalks varying in width from 4' to 6'.tied z to back of curb 4" thick and 6" thick reinforced concrete driveways where shown on the plans or requested by the owners. The assessment rates have been determined in accordance with the City policy and by using the low bid submitted by Asphalt Paving and Construction Company, and applying the rate to the front footage of the abutting property. The assessment rates as applied are as follows; 45' wide street, curb, gutter and pavement $12.84 P.L.F. Sidewalk 0.81 P.S.F. Driveway 1.49 P.S.F. Credit has been given for all sidewalk, driveway and curb and gutter in place and meeting City standards. Maximum assessment rate for property committed to one and two family residential use or church or school as established by City Ordinance for curb, gutter and pavement is $4.75 P.L.F. or less according to bid price. TOTAL CONTRACT PRICE 9,243.95 TOTAL FREr.TMMY ASSESSMENTS 31 283.98 � TOTAL CITY PORTION 57,959.97 of -l'i"j 1��7Ar Uames K. Lontos; P.E. Director Engine ing Physical Development Nueces Bay'Blvd. From I.H. 37 to Leopard Stre Page .7�- Begl...ning approx. 25' N/E of the S.�-- ner.of Lot 166 Baymoor Addition IIEM OWNER AND QUANTITY DESCRIPTION TOTAL 170. PROPERTY DESCRIPTION ASSESSED OF RATE AMOUNT AMOUNT ASSESSMENT ASSESSED . Street End West .194.54 585.63 585.63 '859.49 2191.56 7039.59 West ;ide 1. Heriberto'F. Garza S 25.00 L.F. C, G, Pvmt. 2.38 59.50 Lot 166 Baymoor Addu. F 16.00 L.F. C, G, Pvmt. 4.75 76.00 3110 Huisache Street 144.00 S.F. Sidewalk 0.41 .59.04 uisache St. ntersection 2. C.R. Lehman S 131.50 �..F. C, G, Pvmt. 2.38 312.97 Lot 100 F 12.00 L.P. C, G, Pvmt. 4.75 57.00 Baymoor Addn. 526.00 S.F. Sidewalk 0.41 215.66 3101 Huisache -0- S.F. Driveway. -0- -0- 3. C.W. Bertsch S 131.50 L.F. C, G, Pvmt. 2.38 312.97 Lot 99 F 12.00 L.F. C, G, Pvmt. 4.75 57.00 Baymoor Addn. 526.00 S.F. Sidewalk 0.41 215.66 3102 Magnolia -0- S.F. Driveway gnolia St. ntersection 4. Jessie Torres Garza S 131.50 L.F. C, G. Pvmt. 2.38 312.95 Lot 33 Baymoor Addn. F 12.00 L.F. C, G, Pvmt. 4.75 57.00 3101 Magnolia 478.00 S.F. Sidewalk 0.41 195.98 197.02 S.F. Driveway 12' 1.49 293.56 5. '. Mamie E. Stafford 137.50 L.F. C, G, Pvmt. 12.84 1765.50. Lot 32 Baymoor Addn. 3102 Buddy Laurence Drive 526.00 S.F. Sidewalk 0.81 426.06 - 0 - S.F. Driveway. -0- -0- 6. U.S. Postal Service * - 0 - C, G, Pvmt. -0- -0- Lot 2, 1 -R & 3 Block 1 * - 0 - Sidewalk -0- -0- " -" * - 0 - Driveway -0- -0- Driscoll Village #2 *Credit exis Imp. 7. Kroger Family Center 381.73 L.F. C, G, Pvmt. 12.84 4901.41 Lot 4 Block 1 1 202.92 S.F. Sidewalk o.81 974.37 Driscoll Village #2 781.08 S.F. Driveway 2 -35' 1.49 ..1163.81 /o Robert D. McKee Post Office Box 42045 Houston. TX 77042 . Street End West .194.54 585.63 585.63 '859.49 2191.56 7039.59 t ( Page 2 of 2 ITEM OWNER AND QUANTITY DES ION NO. PROPERTY DESCRIPTION ASSESSED OF RATE I AMOUNT ASSESSIMU Nueces Bay B vd.,.from 1.1. 37 A cess Road to Leopard Street Beginning, at Lo 9 ForrBst Park 8. ircle K. Coporation 209.22 LF C. G, t. 12.84 ots 9 -10 & 11 *- 0 - Sidewalk -O- orrest Park Unit 2 1,172.54 SF Drive my 2 -35' 1.49 . J. Stevens, Tr. 638 Maryland Avenue hoenix, Ar. 85016 Lit 2 686.38 U- 747.08 9. eorge Byrd *141.48 LF C, G, Pvmt. 12.84 1816.60 of 1 Block 2 * -0- SF Sidewalk -0- -0- arthlome Addition 486.02 SF Drive y 22' 1.49 724.17 14a Fisher C.C. *Subject to adjustment by .O.W. C osing 10. Vestaide Automotive of C.C. *338.79 LF C, G, t. 12.84 4350.06 ots 1, 3, 4 & 5 * - 0 - Sidewa 1 -16' -0- -0- lock 1 Barthlome Addn. 664.52 SF Driveway 1 -13' 1.49 990.13 h R.O.W. of Rose Street *Subject to adjustment by losing O.W. losed " Buddy Lawr ce Dr Int. 11. St. John's Lutheran Church 62.76 LF C,G, _ t. 4.75 298.11 Lot 5 Block 4 * - 0 -SF Sidewalk -0- -0- Barthlome Addn. & Lily - 0 -SF Driveway -0- -0- Street (Closed) 12. Pearl Fischer 285.44 LF, C, G, I Ivmt. 12.84 *2473.00 Lots 1 & 2 Block 4 * - 0 -SF Sidewa -0- -0- Barthlome Addn. & ' Lily 547.52 SF Drivew y 25' 1.49 815.80 Street (Closed) *Reduced by Council Action 13. Dairy Queen Store #11 Lots 3, 4 & 5 Block 6 Barthlome Addition 7 AVTC 835 Petroleum Tower C.C. 14. Edgar M. Linkerhoger Lot 6 & Pt. Lot 7 Blk 6 Barthlome Addition P. 0. Box 151 C.C. Total lontract Price $ 89,243.95 Total Pre iminary Assmts. 3283.98 Total ity Cost 57,959.97: Antelope St. Intersection 174.69 LF C, G, I Ivmt. 12.84 2243.02 * - 0 -SF Sidewalk -0- -0- _ * - 0 -SF Drivew y -0- -0- 87.36 LF C, G, 71vmt. 12.84 209.44 SF Sidewalk 0.81 633.60 SF Driveway 35' 1.49 Leopard Str et Int rsectio End E st Sid End Nueces Bay B1 d. 1121.70 169.65 944.o6 TOTAL AMOUNT ASSESSED 4433.46- 2540.77 5,340.19 298.11 3,288.80 2243.02 2235.41 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 rule or rate of assessment herein adopted, it being the intention that such parcel of property and the real and true owner or owners thereof abutting on the portion of the streets above described, within the limits defined, shall pay for said improvements under the "FRONT FOOT RULE OR PLAN ", which rule or plan is hereby found and determined to be just and equitable and to produce a substantial equality, having in view the special benefits to be received and the burdens imposed thereby; and it is further ordained that upon final completion and acceptance of said improvements on the aforesaid streets, within the limits defined all certificates hereinafter provided for, issued to evidence said assessments against said parcels of property abutting upon said street, 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 improvements, 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 the hereinabove shown in Section 3 hereof, to be determined by the Director of Engineering and Physical Development upon the completion of said work on said street, and the findings of the Director of Engineering and Physical Development 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 the aforesaid streets, 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 thereof, together with interest thereon at the rate of five and one - quarter (5 1/4%) per cent per annum with reasonable attorney's fees -7- 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 of said improvements were ordered by said City Council, to -wit: February 27, 1974, 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 enforceable 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 same so assessed shall be paid and become payable in one of the following methods at the option of the property owner: 1. All in cash within 30 days after completion or acceptance by City; or 2. Payments to be made in maximum of 60 equal installments, the first of which shall be paid within 30 days after the completion of said improvement, and the acceptance thereof by the City, and the balance to be paid in 59 equal consecutive monthly installments commencing on the 1st day of the next succeeding month and continuing thereafter on the 1st day of the next succeeding month until the entire sum is paid in full, together with interest from the date of said completion and acceptance by the City, until paid, at the rate of five and one - fourth percent (5 1/4%) per annum; provided, however, that the owners of said property availing themselves of Option 112" or "3" shall have the privilege of paying one, 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. 3. The total number of monthly installments on owner occupied property may be extended beyond sixty (60) in number so that, at owner's request, the total monthly payments will not exceed Ten Dollars ($10.00) per month. -8- 0 SECTION 6. That for the purpose of evidencing said assessments, the liens securing same and the several sums assessed against the said par- cels 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 itself 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 said certificate 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 the City, its successors, or 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's 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 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: February 27, 1974, and shall provide in effect that if default shall be made in the payment thereof, the same may be enforced, at the option of the City, or their -9- 0 successors and 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 the 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 said certificates shall further provide in effect that the City of Corpus Christi, Texas, shall exercise all of its lawful powers, in the enforcement and collection thereof, and said certificates may contain other and further recitals, pertinent and appropriate thereto. It shall not be necessary that said certificates shall be in the exact form as above set forth, but the substance and effect thereof shall suffice. SECTION 7. That all such assessments levied are a personal liability and charge against the real and true owner or owners of the property described, or attempted to be described, notwithstanding such owner or owners may not be named or correctly named, and any irregularity in the name of the property owner, or the description of any property or the amount of any assessment, or in any other matter or thing shall not in anywise invalidate or impair any assessment levied hereby or any certificate issued, and such mistake, or error, invalidity or irregularity whether in such assessment or in the certificate issued in evidence thereof, may be, but is not required to be, to be enforceable, at any time corrected by the said City Council of the City of Corpus Chtisti. Further that the omission of said improvements in front of any part or parcel of property abutting upon the aforementioned streets, which is exempt from the lien of said assessment, shall in no wise affect or impair the validity of assessments against the other parcels of property -10- 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 as, or less than, the estimate of said assessment prepared by the Director of Engineering & Physical Development 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 thereof, 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 1105b 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 8. The fact that the above described streets have become important thoroughfares and the fact that the present condition of said streets, within the limits defined, are dangerous to the health and public welfare of the inhabitants thereof creates a public emergency and an imperative public necessity, requiring the suspension of the Charter rule that no ordinance or resolution shall be passed finally on the date of its introduction, and that said ordinance shall be read at three several meetings of the City Council, and the Mayor having declared that such emergency and 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 take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the 17th day of April, 1974. ATTE�t / City Secretary APPROVED: 17161 DAY OF APR L, 9 pa— f%T,- City At orney (12� - MAYOR THE CITY OF CORPUS CHRISTI, TEXAS • Corpus Christi, Texas • l74 day of , 19_4!�' TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas 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, request that you suspend said Charter rule or requirement and pass this ordi- nance 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: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark The above ordinance was passed by the fo lowing vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark