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HomeMy WebLinkAbout12179 ORD - 07/17/19740 JRR:jkh:7- 1_� -74; 1st AN ORDINANCE CLOSING THE HEARING ON STREET IMPROVEMENTS FOR THE FOLLOWING STREET: CHICO STREET, FROM THE NORTH RIGHT -UF -WAY LINE OF HOWARD STREET TO THE SOUTH RIGHT -OF -WAY LINE OF COMANCHE STREET, AND FINDING AND DETERMINING THAT PROPERTY ABUTTING SAID STREET WILL BE SPECIFICALLY BENEFITED AND ENHANCED IN VALUE IN EXCESS OF COST OF THE IMPROVE - NENTS 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 .5th day of June, 1974, determined the necessity for, and ordered the improvement of the following street: Chico Street, from the north right -of -way line of Howard Street to the south right- of-way line of Comanche Street, in the manner and according to the plans and specifications heretofore approved and adopted by the City Council by ordinance dated June 5, 1974, a duly executed notice of said ordinance having been filed in the name of the City wltb 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 meaner 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 Heldenfels Brothers. Change Order to as authorized by /Ordinance No. 11983 , dated April 3. 1974 . and the performance bond required by said contract has been properly furnished by said Heldenfels Brothers 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 1`179 LI • iHERFAS, the said City Council has caused the Director of Eagineer- 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 & 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 VEEREAS, said City Council, by duly enacted ordinanc dated ..June. 5_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 June 5; 1974 , did order and set a hearing to be held at 3:00 F -M, on the 10th day of 'July 1974 , in the Council Chambers of the City Hall, in the City 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 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 provi- sions 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 PROVIDED BY LAW AND THE CHARTER OF THE CITY OF CORPUS CHRISTI, SAID HEARING OF WHICH NOTICE WAS GIVEN, WAS OPENED AND HELD ON July 10, 1974 IN THE COUNCIL CHAMBERS OF 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 July 10, 1974 Page 5 Mayor Luby announced the scheduled public hearing on paving assessments for a portion of Chico Street. City Manager Townsend explained that the extension of Chico Street from Howard to Comanche question was raised during the public hearing on the assess- ments for the Lamar School Area Street Improvements had been deemed a logical extension, and the staff was directed to prepare plans for the project to be added to the Lamar School Area contract by addendum. Assistant City Attorney Gerry 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 roll, and that the hen ing 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 K. Lontos was interrogated as to his identity, occupation, time of residence in the City, formal education and qualifications as an engineer and familiarity with the subject pro- ject. He stated a written statement of his qualifications are on file in the office of the City Secretary. He presented plans and specifications, explained the nature and extent of the improvements, and pointed out on a map the location of the portion of Chico Street to be improved, being the portion from the north right of way line of Howard Street to the south right of way line of Comanche Street. He explained that there are sidewalks on one side of the street that tie on to Howard Street which will be left in place, and that curb and gutter will be continued from Howard Street. He pointed out that there are only three property owners along the street to be improved, the principal one being Missouri Pacific Railroad Company who owns a 40' strip running along the railroad property on the opposite side of the street and on which their tracks traverse. Mr. Lontos ex- plained that the project will be constructed to provide a 28' back of curb to back of curb pavement, and a 4 foot wide sidewalk along the east side and driveways at the owners request. He stated the preliminary assessment roll reflects the total contract price of $9,200.00, total preliminary assessments, $3,011.06, and net cost to the City, $6,188.94. J 41 Minutes Regular Council Meeting July 10, 1974 Page 6 Mr. Harold Carr testified as to his identity as a real estate appraiser, time of residence in the City, occupation, experience as an appraiser of various types of real estate, and familiarity with the subject project. He filed with the City Secretary a written statement of his qualifications as an appraiser. He stated he had, within the last week, personally examined each parcel of land in- volved in the subject project as to the evaluation in relation to the assessments, and made the following observations: Item #315, Augustine Sanchez, Lot 26, Block 1, Loma Alta Addition - this property is situated on the corner, is irregular in shape, sides up to Chico Street and fronts on Howard Street, and has an average depth on the side street of 43.5 feet, He recommended that the assessment be reduced to one -half of that shown on the assessment roll or $385.49, and in his opinion the property would be enhanced in value to that extent. Item #316, Acme Refining Company, Lot 25, Block 1, Loma Addition - this property fronts on Comanche 41.5 feet, is irregular in shape and is zoned "A -2" consistent with all other lots on Howard Street which were assessed at $4.75 per linear. foot. He stated that in his opinion, this property would only be enhanced in value as a result of the improvements.'-in the amount of $247.76. Item 0317, Missouri Pacific Railroad Company, right of way from south right of way line of Howard Street to the south right of way line of Comanche Street - this property extends along Chico Street and is only 40 feet wide. Mr. Carr stated he cannot see where paving this street and installing curb and gutter would benefit the property in any way, and in his opinion there should be no assessments.levied. Mr. M. R. Moore, representative of the Missouri Pacific Railroad Company, filed with the City written protest signed by Mr. Wm. C. Dowdy, Jr., General Attorney for Missouri Pacific Railroad Company of the proposed paving assessment on Chico Street between Comanche and Howard Streets on the grounds that there is no demonstration of any specific benefit or enhancement of value to the railroad's property since this strip of land can only be used for railroad operations. City Manager Townsend stated he felt strongly that there would be some enhancement to this property; that the addition of curb and gutter along the street Regular Council Meeting July 10, 1974 Page 7 would remove at least a part of the ditch on the railroad property, would probably improve maintenance problems, and would generally improve the neighbor- hood. No one else appeared to speak relative to the proposed assessments. Motion by Acuff, seconded by Ricardo Gonzalez and passed, that the hearing be closed. THERE BEING NO FURTHER TESTIMONY OFFERED OR ANY FURTHER PARTIES APPEARING 70 BE HEARD, UP014 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, 1NVALIDITIES OR IRREGULARITIES, IN THE PROCEEDING OR CONTRACT HERETOFORE HAD IN REFERENCE TO THE PORTIONS OF SAID STREETS TO BE IMPROVED; AND . WEREAS, 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- 71014 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 AIJD DID FIND THAT ALL PROCEEDINGS AIJD 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 REGULARS 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 P. 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- C] 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 NOTE HAVE BEEN IN ALL THINGS REGULARLY HAD AND PERFORMED IN COMPLIANCE WITH THE LAWS CHARTER PROVISIONS AND PROCEEDINGS OF THE SAID CITY COUNCIL. SECTION 3. THAT IN PURSUANCE OF SAID ORDINANCES3 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 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 1105B OF VERNON'S ANNOTATED CIVIL STATUTES OF TEXAS AS AMENDED THERE SHALL BED 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 DR NOTE THE SEVERAL SUMS OF MONEY MEREINSELOW 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 FOLLOWSo TO —WIT: —6— CORRECTED ASSESSMENT ROLL 7 -10 -7 Chico Street Improvements This street is proposed to be included in the Lamar School Area Street Improvements project now under contract by $eldenfels Brothers by addendum, and is to be constructed by excavation to a width to permit a 28' back of curb to back of curb pavement, a 4' wide sidewalk along the east side and driveways where shown on the plans as at the owner's request Chico Street, from the N. R. 0. W. line of Howard Street to the S. R. 0. W. line of Comanche Street The assessments have been prepared by using the unit prices in the low bid and applying those prices to the front footage of the abutting property owner. The assessment rates are as follows: Curb, gutter and pavement $6.27 p.l.f. Sidewalk $ .72 p.s.f. Driveways $1.38 p.s.f. TOTAL COST OF PROJECT $9,200.00 TOTAL CORRECTED ASSESSMENTS �i 612.58 NET CITY COST $7,567-02 111ra t` �C giLla J es K. Lontos, P.E. Director Engineering & Physical Development • CHICO STREET, FROM HOWARD STREET TO COMMANCHE STREET • Page 1 ITEM NO. OWNER AND PROPERTY DESCRIPTION QUANTITY ASSESSED DESCRIPTION OF ASSESSMENT RATE AMOUNT TOTAL AMOUNT ASSESSED Chico Street, fror Howard StreEt to Comanche reet Be inning at Howard Street East Side 315 Augustine Sanchez 101.50 L.F. C,G, & Pvmt. 6.27 $ 636.41 Lot 26, Blk. 1 -0- S.F. Sidewalk .72 -0- ' Loma Alta Addition 48.75 S.F. Driveway 1.38 67.38 2354 Howard, Street (3-70-3 -- 9) *Reduced by Council Action $385 -49 316 Acme Ref. Co. 10-50 L.F. CA, & Pvmt. 6.27 $ 680.30 Lot 25, Elk 1 -0- S.F. Sidewalk .72 -O- Loma Alta Addition -0- S.F. Driveway 1.38 -0- 3111 Polk ( 0.30 Houston, Texas 77003 $427.49 *Reduced by Council Action C manche Streel Intersection and Fast Side Chico Street Chico Street,. from Howard Stre t to Comanche f treet Be anni ng at Howar Street West Side 817 Tex -Mex Railroad 259.50 L.F. C.. &.G'only 3.46 $ 897.87 R.O.W. from S.R.O.W. line -0- Sidewalk .72 -0- of from Howard Street -0- ' Driveway 1.38 -O- to S.R.O.W. line Comanche ( . 7) Street * $800_00 *Reduced by Council Action Comanche Str et Intersectio end West Sido Chico Street end Chic Street • SECTION A. Be it further ordained that in the event the actual frontage of any property herein assessed shell be found upon the completion of said improvements to be greater or less than the number of feet herein- above stated, the assessments herein set against any such property and against the reel and true owner or owners thereof, shell 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 end 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 fwather ordained that upon final completion and acceptance of::said improvements on the aforesaid streets, within the limits defined all certificates herein- der 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 vith, and sha11 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 II such actual number of front feet, if different from the hereinabove shown in Section 3 hereof, to be determined by the Director of Engineering & Physical Development upon completion of said work on said street, and the findings of I the Director of Engineering & Physical Development shall be final end 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, trithin 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 -7- five and one - quarter (5 1/h%) per annum with reasonable attorney's fee 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 Pre assessed from and after the date said improvements were ordered by said City Council, to -wit: h;ne s 197.4 , and a personal liability and Charge against the real and true 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 fallowing methods at the option of the property owner: l� All in cash vithin. 30 days after completion or acceptance by the City; or 2•- Paymaats to be made in maximum of 60 equal installments, the first of which.shall be paid within 90 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'lst day of the neat succeeding month and continu- iP9:thereafter on the 18t day of each succeeding =oath until the : entire sum is paid in full, together. with 3aterest from. the dete. of i said completion and aceepteaee by the City, until paid, at the rate Of Siva and one-fourth percent (5 1 /4%) per annum; provided, how- ever. that the owners of said property aTa ling themselves of Option I 412" or 113" above shel] 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. -8- • 3_ The total number of monthly instalments on owner occupied property may be extended beyond sixty (60) in number so that, at the osner's request, the total monthly payments will not exceed ten (,10.00) per month. SECTION 6. That for the purpose of evidencing said assessments, the liens securing same end 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, end to aid in the enforcement thereof, assignable certifi- cates shell be issued by the City of Corpus Christi, Texas to itself upon the completion of said improvements in said streets end 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. shell 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 pro - party 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, sha11 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 i i at once become due and payable, and shall be collectible with reasonable i attorney's fees and all expenses and costs of collection, if incurred, and said certificate shat set forth and evidence the personal liability of the 9- REAL AND TRUE OWNER OR OWNERS OF SUCH PROPERTY, WHETHER NAMED OR CORRECTLY I! II 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: June 5, 1974 AND SMALL 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 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, i OR BY SUIT IN ANY CDURT HAVING JURISDICTION. THAT SAID CERTIFICATES SHALL FURTHER RECITE IN EFFECT THAT ALL THE PROCEEDINGS WITH REFERENCE TO MAKING SAID IMPROVEMENTS HAVE BEEN REGULARLY i - 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, I_ OR ATTEMPTED TO BE DESCRIBED, AND THE PERSONAL LIABILITY OF THE REAL AND i . TRUE OWNER OR OWNERS THEREOF EVIDENCED BY SUCH CERTIFICATES, HAVE BEEN I i 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 I` THE ENFORCEMENT AND COLLECTION THEREOF AND SAID CERTIFICATES MAY CONTAIN I GTMER AND FURTHER RECITALS, PERTINENT AND APPROPRIATE THERETO.. IT SHALL 11 _ f MOT BE NECESSARY THAT SAID CERTIFICATES SHALL BE IN THE EXACT FORM AS ABOVE SET FORTH, BUT THE SUBSTANCE AND EFFECT THEREOF SHALL SUFFICE. I SECTION 7. THAT ALL SUCH ASSESSMENTS LEVIED ARE A PERSONAL LIABILITY AND CHARGE AGAINST THE REAL AND TRUE OWNER OR OWNERS OF THE PRO- PERTY 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 OWNERS OR THE DESCRIPTION OF ANY PROPERTY OR THE AMOUNT OF ANY ASSESSMENT, OR IN AIJY 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 -10- 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 CHRISTI. FURTHER THAT THE OHISS1014 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 ASSESS - WENT, SHALL IN NO WISE AFFECT OR IMPAIR THE VALIDITY OF ASSESSMENTS AGAINST THE OTHER PARCELS OF PROPERTY ABUTTING UPON SAID STREET; AND THAT THE TOTAL I 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 I ASSESSMENT 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 I 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 %OTH LEGISLATURE OF THE STATE OF TEXAS, KNOWN AS ARTICLE 11055 OF VERNON'S ANNOTATED CIVIL STATUTES OF TEXAS AND THE CHARTER i Ior THE. CITY OF CORPUS. CHRI STI,- TEXAS, UNDER WHICH TERMS, POWERS AND PROVISIONS j SAID PROCEEDINGS, SAID IMPROVEMENTS AND ASSESSMENTS WERE HAD AND MADE BY i I- SAID CITY COUNCIL.- iSECTION S. THE FACT THAT THE ABOVE-DESCRIBED STREETS HAVE BECOME IMPORTANT TMOROUGHFARES AND THE FACT THAT THE PRESENT CONDITION OF SAID STit EFTS, 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 -11- AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY 50 ORDAINED, THIS THE AY of %7 ATTEST_ EFSSj 'T�RETARY MAYOR THE CITY OF CORPUS CHRISTI, TEXAS i APPROVED: i DAY OF , 197': �I me ASST 4, CITY ATTORNEY • • Corpus Christi, Texas 17 day of 19 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. Respectfull 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 following vote: Jason Why James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark