HomeMy WebLinkAbout12803 ORD - 09/17/1975i
AN ORDINANCE
CLOSING THE HEARING ON STREET IMPROVEMENTS FOR THE
FOLLOWING STREET: A.
HORNE ROAD, FROM COLUMBIA STREET TO MOLINA DRIVE,
SOUTH SIDE ONLY,
AND FINDING AND DETERMINING THAT PROPERTY ABUTTING
SAID STREET WILL BE SPECIFICALLY BENEFITED AND
ENHANCED IN VALUE IN EXCESS'OF COST OF THE IMPROVE-
MENTS 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 13th day of August, _1975
determined the necessity for, and ordered the improvement of the following
street:
Horne Road, from Columbia Street to Molina Drive, South
side only, "
in the manner and according to the plans and specifications heretofore
approved and adopted by the City Council by ordinance dated August 13, 1975
a duly executed notice of said ordinance having been filed in the name
of the 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
12803
w 4
advantageous bid and said contract has been awarded to Glazer Construction Co.
as authorized by Ordinance No. , dated and
the performance bond required by said contract has been properly furnished
Construction Co.
by said G7a?er / 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
WHEREAS, the said City Council has caused the Director of
' Engineering 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 por-
tion 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
WHEREAS, said City Council, by duly enacted ordinance dated
August 13, 1915 , 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 August 13, 1975 , did order and set a hearing to be
held at___ 3•n0 t M. , on the 10thday of September , 1975 , 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 owners thereof, and as
to the special benefits to accrue to said abutting property by virtue
of said improvements, if any, or concerning any error, invalidity,
irregularity or deficiency in any proceedings, or contract, to appear
and be heard in person or by counsel and offer evidence in reference to
2
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
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 contain-
ing 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 September 10, 1975
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
Mayor Luby announced the public hearing scheduled at 3:00 p.m. on assess-
ments for Molina Area Street Improvements Unit II, Part "A ', Sidewalk Improvements,
Horne Road from Columbia Street to Molina Drive, South side only.
City Manager Townsend explained the procedure to be followed and stated
that Assistant City Attorney would conduct the hearing. �-
Assistant City Attorney Hal George stated the purpose of the hearing is
to comply with the State Statute regarding paving assessments; that testimony would
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 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 K. Lontos testified
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
stated a written statement of his qualifications are on file in the office of the
City Secretary. He presented the plans and specifications, explained the nature and
extent of the improvements, and pointed out on a map the locations of the proposed
sidewalk improvements. He stated the project includes the construction of a 4' wide
4" thick reinforced concrete sidewalk on Horne Road from Columbia Street to Molina
Drive, south side only; that the assessment rates have been calculated in accordance
with the latest paving policy adopted by the City and are based on the lowest unit
bid price submitted by Glaser Construction Company; that all properties, one and two
family use, churches and schoolshave been assessed at the maximum rate established by
the City Council; that the contract price (sidewalk portion) is $15,903.17; assess-
ments, $11,931.45, and the City's share is $3,971.72. He pointed out that it is
recommended that the assessments on Lot 1 -A, Block 1, Laguna Acres, Eliseo Reyes,
4513 Vestal, be deleted (Item 446), because it is occupied by a service station with
entire concrete frontage.
Mr. Harold Carr testified as to his identify as a real estate appraiser of
various types of real estate, and his familiarity with the subject project. He
filed a resume of his qualifications with the City Secretary. Mr. Carr stated he
had personally examined each and every parcel of land involved in the subject project
as to the evaluation in relation to the assessments; there are no irregular shaped
lots involved and, in his opinion, each of the abutting properties will be enhanced
in value as a result of the improvements at least to the amount of the assessments.
He stated that he had been handed the recommended adjustment on Item #46 and concurred
In this recommendation.
No one appeared to speak in favor or in opposition to the assessments.
Motion by Lozano, seconded by Tipton and passed, that the hearing be closed.
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
4
improvements, and in all respects to be valid and regular; and said City
Council did further find upon said evidence that the assessments herein-
below 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
a
protests should be overruled and denied except the corrections and changes
as appear on the final assessment 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 to 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
5
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
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
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 be, and is hereby levied, assessed and
taxed against the respective parcels or 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:
6
CORRECTED PRELIMINARY
MOLINA AREA STREET IMPROVEMENTS
UNIT II, PART "A"
SIDEWALK IMPROVEMENTS
HORNE ROAD FROM COLUMBIA STREET TO MOLINA DRIVE, SOUTH SIDE, ONLY.
This project shall include the construction of a 4' wide 4" thick reinforced
concrete sidewalk, on Horne Road on the south side only.
The assessment rates have been calculated in accordance with the latest
paving policy adopted by the City- and are based on the lowest unit bid price
submitted-by Glaser Construction Company.
The assessment rates are as follows:
4' Wide 4" Thick Reinforced Concrete Sidewalk @ .98 p.s.f.
All properties, one and two family use, churches and school have been
assessed at the maximum rate established by the City Council as:
Sidewalk 4' Wide 4" Thick Reinforced Concrete @ .75 p.s.f.
Contract Price (Sidewalk Portion) $15,903.17
Assessments $11..10 87
City's Share x4,772.30
lames K.'Lonto�, P.E., Director
Engineering & Physical Development
• r�Llrui exrx �ttcnni Lriri<uvnrir.nt�
UNIT II PART "A" (HORNE ROAD SIDEWALKS) Page 1. -
BEGINNING AT MOLINA DRIVE
SOUTH SIDE
iTELd
OWNER AND
QUANTITY
DESCRIPTION
TOTAL
530.
PROPERTY DESCRIPTION
ASSESSED
OF
RATE
AMOUNT
AMOUNT
ASSESSMENT
ASSESSED
1.
David Keever
480.00 S.F.
Sidewalk
.98
470.40
470.40
Lot 1 -A, Blk. 2
Molina Subdivision
Sec. 1
4237 Molina 78416
2.
Trinidad V. Encisco
160.0 S.F.
Sidewalk
.98
156.80
156.80.
Lot 1 -B, Blk. 2
Molina Subdivision
-
Sec. 1
432 S. Lincoln
Santa Maria, Cal. 93454
3.
Trinidad V. Encisco
160.0 S.F.
Sidewalk
.98
156.80.
156.80
Lot 1 -C, Blk. 2
Molina Subdivision
Sec. 1
432 S. Lincoln
Santa Maria, Cal. 93454
4.
5.
Gordon H. Brandon et ux
Lot 26, Blk. 2
Molina Subdivision
Sec. 1
442 Southern
Lauro Ybanez
Lot 1, Blk. 3
Molina Subdivision
Sec. 1
4104 Barrera 78416
800.00 S.F.
Sidewalk
-rera Drive I tersection
777.72 S.F. Sidewalk
.98 784.00 784.00
.98 762.17 762.17
rage Z.
ITEM
NO.
OWNER AND
PROPERTY DESCRIPTION
QUADTITY
ASSESSED
DESCRIPTION
OF
ASSESSMENT
RATE
AMOUNT
TOTAL
AMOUNT
ASSESSED
6.
John Trice
198.60 S.F.
Sidewalk
.98
194.63
194.63
Lot 25 -A, Blk. 3
Molina Subdivision
Sec. 1
4117 Angela
7_
George C. Trice
656.20 S.F.
Sidewalk
.98
643.08
643.08
Lot 25 -B, Blk. 3
Molina Subdivision
Sec. 1
1209 Brentwood
Ang
la Drive Intersection
8.
Jim Wilburn
398.00 S.F.
Sidewalk
.98
390.04
390.04
Lot 1, Blk. 4
Molina Subdivision
Sec_ 1
-
2822 Sarita
9.
Antonio N. Rodriquez, et.
398.00 S.F.
Sidewalk
.98
390.04
390.04
ux.
Lot 1 -A, Blk. 4
Molina Subdivision
Sec. 1 -
4405 Uose 7$416
E1
ira Drive Intersection
10.(s)
Maria Bosman
400.00 S.F.
Sidewalk
.75
300.00
300.00
Lot 14 -A, Blk_ 6
Laguna Acres
4110 Elvira 78416
ITE14 OWNER AND
NO. PROPERTY DESCRIPTION
QUANTITY
ASSESSED
DESCRIPTION'
OF
ASSESSMENT
RATE
AMOUNT
TVA LL
AMOUNT
ASSESSED
11.
Eugenio Castillo
366.68 S.F.
Sidewalk
.75
274.96
274.96
Lot 13, Blk. 6
Laguna Acres
_
3950 MacArthur
12.
Eugenio Castillo
366.68 S.F.
Sidewalk
.75
275.01
275.01
Lot 12, Blk. 6
Laguna Acres
3950 MacArthur
13.
Ramiro Arrozalo
366.68 S.F.
Sidewalk
.75
275.01
275.01
Lot 11, Blk. 6
Laguna Acres
923 Horne Rd. 78416
14.
Nicolas Abrego
366.68 S.F.
Sidewalk
.75.
275.01
275.01
Lot 10, Blk. 6
Laguna Acres
217 Longview West
15.
Alex Cox et. ux.
183.36 S.F.
Sidewalk
.75
137.52
137.52
Lot 9 -B, Blk. 6
Laguna Acres
P.O. Box 7393 78415
16.
Alex Cox et. al.
183.36 S.F.
Sidewalk
.75
137.52
137.52
Lot 9 -A, Blk. 6
Laguna Acres
P.O. Box 7393 78415
ITEM
NO.
17.
18.
19.
20.
21.
22.
23.
OWNER AND
PROPERTY DESCRIPTIOY
Alex Cox
Lot 8 -B, Blk. 6
Laguna Acres
P.O. Box 7393 78415
Alex Cox
Lot 8 -A, Blk. 6
Laguna Acres
P.O. Box-7393 78415
Oscar Garza
Lot 7, Blk. 6
Laguna Acres
1107 - 14th
Fidencio Hernandez
Lot 6 -A, Blk. 6
Laguna Acres
1009 Horne Road 78416
Agapita Hernandez
Lot 6 -B, Blk. 6
Laguna Acres
1009 Horne Rd. 78416
Paul Cox & Domingo De
Los Santos
Lot 5 -B, Blk. 6
Laguna Acres
1017 Horne Rd.
Frank Silvas
Lot 5 -A, Blk. 6
Laguna Acres
1021 Horne Road
QUANTITY DESCRIPTION
ASSESSED OF
ASSESSMENT
183.36 S.F. Sidewalk
183.36 S.F. Sidewalk
366.68 S.F. Sidewalk
183.36 S.F. Sidewalk
183.36 S.F. Sidewalk
183.36 S.F.1 Sidewalk
183.36 S.F. Sidewalk
RATE
.75
.75
.75
.75
.75
.75
.75
Page 4.
AMOUNT
137.52
137.52
275.01
137.52
137.52
137.52
137.52
Page
ITEM
NO.
-
OWNER AND
PROPERTY DESCRIPTION
QUANTITY
ASSESSED
DESCRIPTION
OF
ASSESSIENT
RATE
AMOUNT
TOTAL
AMOUNT
ASSESSED
24.
Amador Hernandez
183.36 S.F.
Sidewalk
.75
137.52
Lot 4 -B, Blk. 6
Laguna Acres
1025 Horne Road 78416
137.52
25.
Preciliano Acuna
183.36 S.F
Sidewalk
.75
137.52
Lot 4 -A, Blk. 6
Laguna Acres 78416
1029 Horne Road
137.52
26.
Pedro Hernandez
183.36 S.F
Sidewalk
.75
137.52
Lot 3 -B, Blk. 6
Laguna Acres
1033 Horne Road 78416
137.52
27.
Armando E. Benavides
183.36 S.F
Sidewalk
.75
137.52
Lot 3 -A, Blk. 6
Laguna Acres -
610 Ripford
San Antonio, Texas 782
5
137.52
28.
Arturo Flores
366.68 S.F
Sidewalk
.75
275.01
Lot 2, Blk. 6
Laguna Acres
124 Buford
'
San Antonio, Texas 78202
275.01
29.
A. C. Martinez
400.00 S.F
Sidewalk
.98
392.00
Lot 1, Blk. 6
Laguna Acres
4113 Theresa 78416
392.00
Page —6— —
ITEM
NO.
OWNER AND
PROPERTY DESCRIPTION
QUANTITY
ASSESSED
DESCRIPTION
OF
ASSESSMENT
RATE
910Wi T
TOTAL
AMOUNT
ASSESSED
30.
Florentino Sheldon
400.00 S.F.
Sidewalk
.98
392.00
Lot 12, Blk. 1
Laguna Acres
1415 Commanche
392.00
31.
Florentiuo Sheldon
380.00 S.F
Sidewalk
.75
285.00
Lot 11, Blk. 1
Laguna Acres
1415 Commanche
285.00
32.
Wenseslado Almanza
190.00 S.F
Sidewalk
.75
142.50
Lot 10-B, Blk. 1
Laguna Acres
1117 Horne Road
142.50
- 33.
Eramo Rodriquez _
190.00 S.F
Sidewalk
.75
142.50
Lot 10 -A, Blk. 1
Laguna Acres
1121 Home Road
142.50
34.
Fred Marshall %
190.00 S.F
Sidewalk
.75
142.50
Gua
Guadalupe G. Garcia
Lot 9B Blk. 1
Laguna Acres
1125 Horne Road
14,2.50
35.
Luis Olmos
190.00 S.F
Sidewalk
-.75
142.50
Lot 9A, Blk. 1
Laguna Acres
721 Horne Road
(4338 Elvira)
142.50
Page !.
-ITEM
NO.
OWNER AND
PROPERTY DESCRIPTION
QUANTITY
ASSESSED
DESCRIPTION
OF
ASSESSIENT
RATE
AMOUNT
TOTAL
AMOUNT
ASSESSED
36.
Judge Hector De Pena
380.00 S.F.
Sidewalk
.75
285.00
Lot 8, Blk. 1
Laguna Acres
Box 1152 78415
285.00
37.
Paul Cox'% Adeia V. San
190.00 S.F.
Sidewalk
.75
142.50
Miquel
Lot 7 -B, Blk. 1
Laguna Acres
1141 Horne Rd.
142.50
38.
Juan Rodriquez
190.00 S.F.
Sidewalk
.75
142.50
Lot 7 -A, Blk. 1
Laguna Acres
1145 Horne Road
2709 Marguirita
142.50
39.
Guadalupe Vasquez
126.64 S.F.
Sidewalk
.75
94.98
Lot 6, Blk. 1
Laguna Acres
1201 Horne Road 78416
94.98
40.: _
"Sohn Holland
126.64 S.F.
Sidewalk
.75
94.98
Lot 6, Blk. 1
Laguna Acres
1211 Horne 78416
94.98
41.
Manuel Blanco
190.00 S.F.
Sidewalk
.98
186.20
Lot 5 -B, Blk. 1
Laguna Acres
1213 Horne 78416
186.20
4s= o
ITEM
.110.
OWNER AND
PROPERTY DESCRIPTION
QUANTITY
ASSESSED
DESCRI'PTIOR
OF
ASSESS14ENT
RATE
A�UOUNT
TOTAL
AMOUNT
ASSESSED
42.
Faires wade
190.00 S.F.
Sidewalk
.75
142:50
Lot 5 -A, Blk. 1
Laguna Acres
3150 S. Alameda
142.50
43.
Augustin Maldonado
380.00 S.F
Sidewalk
.75
285.00
Lot 4, Blk. 1
Laguna Acres
2021 Mandy Lane 78412
285.00
44.
Augustin Maldonado
380.00 S.F
Sidewalk
.75
285.00
Lot 3, Blk. 1
Laguna Acres
2021 dandy Lane
285.00
45.
Basi.lio 6 Francisca
G. Saldana
380.00 S.F
Sidewalk
.75
285.00
Lot 2, Blk. 1
Laguna Acres
1237 Horne Road
285.00
46.
Eliseo Reyes
400.00 S.F
Sidewalk
.98
392.00
Lot 1 -A, Blk. 1
Laguna Acres
4513 Vestal
392T99
Credit Existing
-0'
Improvements
COL
IA STREET
INTERSEGTION
END HO
E ROAD SIDE
ALK PROJECT
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 herein -
above 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 herein-
after 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 & Physical
Development upon completion of said work on said street, and the findings of
the Director of Engineering & Physical Development shall be final and binding
upon all parties concerned.
SECTION S. 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
7
.Section 4 thereof, together with interest thereon at the rate of
five and one - quarter (5 114) per annum with reasonable attorney's fee
and all costs and expenses of collection, if incurred, are hereby de-
clared to be made a first and prior lien upon the respective parcels
of property, against which same are assessed from and after the date
said improvements were ordered by said City Council, to -wit: August 13,
1975. 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 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 comple-
tion 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
each 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 -forth percent (5 1/4%) per annum; provided, however, that
the owners of said property availing themselves of Option "2"
or "3" above 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,
8
at the owners 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 and the several sums assessed against the said parcels
of property and the real and true owner or owners thereof and the time and
terms of payment, and to aid in the enforcement thereof, assignable certifi-
cates 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 pro-
perty 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 evidence thereby shall
at once become due and payable, and shall be collectible with reasonable
attroney's fees and all expenses and cost's 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
9
improvements were ordered by said City Council, to -wit: August 13, 1975
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
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 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, evidence 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 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 owner, or the description of any property or the amount
of any assessment, or in any other matter br 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
• J
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 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 assess-
ment, 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
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 lest than,the estimate of said
assessment prepared by the Director of Engineering and Physical Development
and approved and adopted by the City Council and are in accordance with the
proceedings of said City Council relative to said improvements and assess-
ments 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, lmown 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 assess-
ments 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
-11-
and take effect and be in full force and effect from and after its passage,
IT IS ACCORDINGLY SO ORDAINED, this the Il May of
ATTEST:
'City Secretary M&YOR �� J
THE CITY OF CORPUS CHRISTI, TEXAS
APPROVED:
_DAY OF 197_
City Attorney
12
CORPUS CHRISTI, TEXAS
DAY OF , t9 /s
TO THE M£WERS OF THE CITY COUNCIL
COPPUJ CHRISTI, TEXAS
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING
ORCINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN-
SION OF THS 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 all' _L�
DR. BILL TIPTON
EDUARDO OE ASES
RUTH GILL
B09 GULLEY
GABE LOZANO, SR.
EDWARD L. SAMPLE
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
JASON LuBy
DR. BILL TIPTON
EDUARDO DE ASES
RUTH GILL
B08 GULLEY
GABE LOZANO, SR.
EDWARD L. SAMPLE
N