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.
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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
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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
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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