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HomeMy WebLinkAbout13464 ORD - 11/03/1976jkh:11-1 -76; 1st , AN ORDINANCE CLOSING THE HEARING ON STREET IMPROVEMENTS FOR THE FOLLOWING STREETS: 1. Calallen Drive, from Smith Drive to Burning Tree Lane, west side only; 2. Up River Road, from Cantwell Drive to Van Cura Drive, south side only; 3. Carroll Lane, from Wesleyan Church to connection with existing sidewalk, west side only; and 4.- McArdle Road, from Broughton Drive to Carroll Lane, north side only, AND FINDING AND DETERMINING THAT PROPERTY ABUTTING SAID STREETS WILL BE SPECIFICALLY BENEFITED AND - ENHANCED IN VALUE IN EXCESS OF COST OF THE IMPROVE- MENTS AND LEVYING AS ASSESSMENT; FIXING A LIEN AND CHARGE „ THE MANNER AND TIME OF PAYMENT AND COLLEC- TION; AND,DECLARING AN EMERGENCY. WHEREAS, the City Council of Corpus Christi, Texas, by duly enacted ordinance passed and approved on the 29th day of September , 1976, determined the necessity for., and ordered the improvement of the following streets: 1. Calallen Drive, from Smith Drive to Burning Tree Lane, west side only; 2. UpRiver Road, from Cantwell Drive to Van Cura Drive, south side only; 3. Carroll Lane, from 4esleyan Church to connection with existing sidewalk, west side only; and 4. McArdle Road, from Broughton Drive to Carroll Lane, A north side only, ti MICROFILMEO J11N 3 01900 13464 in the manner and according to the plans and specifications heretofore approved and adopted by the City Council by ordi- nance dated September 29 , 1976, 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 improve- ments to their lowest and most advantageous bid and said contract has been awarded to B'& B Builders as authorized by ordinance No. dated November 3 , 1976, and the performance bond required by said contract has been pro- perly furnished by said contractor 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 portion of the aforesaid streets within the limits 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 2 WHEREAS, said City Council, by duly enacted ordinance dated September 29 , 1976 , did determine the necessity of levying an assessment for that portion of the cost of construct- ing 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 September 29, 19 76, did order and set a hearing to be held at 4:00 P.M. on the 27th day of October , 1976, at City Council Chambers, 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 of 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, irregularity 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 streets 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 streets being improved by mailing such notice at least four- teen (14) days prior to the hearing to such owners and by publish- ing three times notice of such hearing in the Corpus Christi Times, the first of which publication was at least twenty -one (21) days 3 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 October 27 , 19 76, in Council Chambers at City HalI in the City of Corpus Christi, Texas, in accordance with said ordinance and notice, at which time an opportunity was given to all said abovementioned 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: 4 Minutes Regular Council Meeting October 27, 1976 Page 6 City Manager Townsend then announced the scheduled public hearing on the i preliminary assessment roll for Sidewalk Program Unit VIII on Calallen Drive, from Smith Drive to Burning Tree Lane, west side only; on Up River Road, from Cantwell Drive to Van Cura Drive, south side only; on Carroll Lane, from Wesleyan Church to connection of existing sidewalk, west side only; and on McArdle Road, from Broughton Drive to Carroll Lane, north side only. Mr. James Lontos, Director of Engineering and Physical Development, described the project for construction of 4' wide, 4" thick reinforced sidewalks on the streets listed above to improve the safety of pedestrian traffic. He informed the Council that the contract was awarded to B & B Builders on the basis of their low bid; that construction would start in to two weeks and stuuld be completed within two - and -a -half months. Mr. Lontos explained the assessment rates for the project per square foot, and stated that the total contract price was $27,349.64, the preliminary assessments total $9,625.56, resulting in a total City cost of $17,724.08. He outlined the terms of repayment for the assessments. He added that the Staff concurs with the reduction recommended for item 1 by Mr- Bill Holly, real estate appraiser. Assistant City Attorney Jerry Benadum called as his next witness real estate dealer and appraiser Mr. W. J. (Bill) Holly, Jr., and questioned Mr. Holly as to his qualifications. A formal resume of his qualifications was offered into evidence and is attached hereto as Exhibit "A" and incorporated herein by reference, the same as if written herein. Mr. Holly replied to Mr. Benadum that he had examined each and every parcel of land involved in the project and that, subject to his suggested revision on Item 1 which the Staff concurs with, in his opinion each piece of property on the assessment roll would be enhanced in value at least to the extent of the assessment. Mr. Benadum stated that concluded the testimony from the City. Mayor Luby then opened the floor for discussion from the audience, and Col. Frederick A. Lupton addressed the Council relative to his property (Item 1, Lot No. 26, Block A, River Forrest Addition.) He asked for more consideration than the reduction from $605.88 to $468.54, saying he feels the assessment is unreasonable because CP &L has a 40' easement on the property. He also told that at the time he agreed to support the project, he understood he would only have to pay what the other nearby property owners would pay - -which would be $240. He added that he has no need Mii.,,..es Regular Council Meeting October 27, 1976 Page 7 for sidewalks on his lot but recognizes the safety factor involved. Col. Lupton also informed the Council of a drainage problem on his property which overflows his septic tank. The Staff responded they would check into it. Attorney Benadum again called Mr. Holly to the stand, asking him if he took into consideration the existing utility easement on Col. Lupton's property when he appraised it. Mr. Holly replied that he did, and again explained the dimensions of the lot and his recommendation. After discussion, it was the consensus of the Council that the assessment for Item 1 owned by Col. Lupton be reduced to $240, which would be the same as the other lots. Motion by Tipton, seconded by Sample and passed unanimously, that the hearing be closed. Mayor Luby then called for the City Manager's Report. City =1976th, pre nted the following items, with related comments and explanatio a. Recommendation that a public hearing be held on November , / nnexation of McKenzie Road from the City limits just north of ,H 37 t that portion of the road being dedicated by the developers Castle Riv Unit I Subdivision. b. Recomme ation that bids be received at 11:00 a.m., Tuesday, November 23, 1976 for a printing, collating, and assembly of 500 pity Zoning Map Books. The ooks are then sold to the public and va4ous City operations at a price su ficient to cover the cost of production. C. Recommendation t t bids be received at 11:00 A.M., Tuesday, November 16, 1976 for 1976/77 r uirements of tires and tubes as follows: 1. 250 Police pursuit pecial fabric radii�,/ tires. 2. 1,450 passenger and ght commerci�! tires and 840 tubes. 3. 735 truck and trailer re s and 1/,200 tubes. 4. 100 farm and industrial res d 94 tubes. 5. 90 heavy equipment and of ro d tires and 120 tubes. d. Recommendation that an ambula ce a one -ton cab and chassis with dual rear wheels be purchased fr Modul Ambulance Corporation, Grand Prairie, on the basis of the only d received f $22,228.65. Price comparison shows an increase of ap oximately 25.7 since April, 1973, partly due to revision in the speci cations to provide dual rear wheels, wide rear axle and body and increa ed gross vehicle weight from 8,000 to 10,000 pounds. The changes were signed to increase vehicle stability and handling on the road. Fund for the purchase were carried ver from the 1975 -76 budget. e. Recommendat n that the General Fund be reimbursed 27,495.29 for engineering services r various Bond and Community Development p Xcotructed ng September, and tha an additional $15,629.71 be appropriated. f. Rec endation that duck blinds be prohibited within the shoreline o Laguna Madre. During duck hunting season, blinds cted in the aguna Madre. Pellets from shotguns often reach sharrearm is discharged in that direction. The existing ordinance hunting and the unauthorized discharge of firearms of any dess a the City limits and within 400 feet of the City limits is unlawful, exc t in Laguna Madre where duck hunting is allowed in season. Requiring duck hunting blinds and structures to be 400 feet from shore will help to pr vent the discharge of firearms near the shore and occupied homes. 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 com- pared 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 protests and objections relative to such matters and as to any errors, invalidities 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, testi- mony and statements, said City Council finds that each and every par- cel 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 construction of said improve- ments 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 there- of, and said City Council did consider and correct all errors, invali- dities or deficiences called to its attention and did find that all 5 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 improvements, and in all respects to be valid and regular; and said City Council 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 equit- able, and as producing substantial equality considering the bene- fits 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 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 testi- mony 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 6 limits defined, that the special benefits in the enchanced value to accrue to said property and the real and true owner or owners there- of, 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 con- sidering 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 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 ordinance, duly enacted by said City Council, authorizing and ordering the improve- ments 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 im- provements 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 7 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 opposit 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: 8 10 -27 -76 CORRECTED PRELIMINARY ASSESSMENT ROLL SIDEWALK PROGRAM UNIT VIII This project includes the construction of 4' wide 4" thick reinforced sidewalks on the streets listed below for the purpose of improving the safety of pedestrian traffic. The streets that are to be improved as mentioned above are: 1. Calallen Drive, from Smith Drive to Burning Tree Lane, West side only; 2. Up River Road, from Cantwell Drive to Van Cure. Drive, South side only; 3. Carroll Lane, from Wesleyan Church to connection of existing sidewalk, West side only; 4. McArdle Road, from Broughton Drive to Carroll Lane, North side only; The assessment rate has been calculated in accordance with the City's assessment policy, and the low bid submitted by B & B Builders based on the above policy the assessment rate is: JKL /lo Sidewalk @ $0.75 per square foot Total Bid Price $27,349.64 Preliminary Assessment 9,259.68 TOTAL CITY COST $18,089.96 EL G _ James K. ontos P.S., Director Engineering & Physical Development Page I ITEM NO. OWNER AND PROPERTY DESCRIPTION QUANTITY ASSESSED DESCRIIPTION OF ASSESSMENT RATE AMOUNT TOTAL P140UNT ASSESSED SIDEWALK P GRAM UNIT VIII CALAL EN DRIVE FR )M SMITH DRIV TO BURNING TR E LANE WE 3T SIDE 1. Frederick A. Lupton 807.84 S.F. S/W .75 605.88 4701 Calallen Dr.' *240.00 Lot 26, Blk. A *Reduced by Council Action River Forest Addn. 2. Melvin B. O'Bryant 320.00 S.F. S/W .75 240.00 240.00 4709 Calallen Dr. Lot 25, Blk. A River Forest Addd. 3.* Almon R. Montgomery 320.00 S.F. S/W .75 240.00 240.00 4717 Calallen Dr. Lot 24, Blk. A River Forest Addn. 4. James J. McMarken 320.00 S.F. S/W .75 240.00 240.00 4717 Calallen Dr. Lot 23, Blk. A River Forest Addn. 5. Edward D. Loften 320.00 S.F. S/W .75 240.00 240.00 4721 Calallen Dr. Lot 22, Blk. A River Forest Addn. Page 2 ITE14 NO. OWNER AND PROPERTY DESCRIPTION QUANTITY PSSESSED DESCRIPTION OF ASSESSMENT RATE AMOUNT TO SL F_'•MOUNT ASSESSED 6. James Hogan 320.00 S.F. S/W .75 240.00 240.00 4725 Calallen Dr. Lot 21, Blk. A River Forest Addn. 7. Dorothy S. Bell 320.00 S.F. S/W .75 240.00 240.00 4729 Calallen Dr. Lot 20, Blk. A River Forest Addn. 8. Homer Villarreal 320.00 S.F. S/W .75 240.00 240.00 4733 Calallen Dr. Lot 19, Blk. A River Forest Addn. 9. Roy Gott 320.00 S.F. S/W .75 240.00 240.00 3901 Starlite Ln. Lot 18, Blk. A River Forest Addn. 10. Elmer Davis Barber 320.00 S.F. S/W .75 240.00 240.00 4807 Calallen Dr. Lot 17, Blk. A River Forest Addn. 11. A. R. Ramirez 320.00 S.F. S/W .75 240.00 240.00 4809 Calallen Lot 16, Blk. A River Forest Addn. Page ITEM NO. OWNER AND PROPERTY DESCRIPTION QUANTITY ASSESSED DESCRIPTION OF ASSESSMENT RATE AMOUNT TOTAL AMOUNT ASSESSED 12. Patrick D. Leyethy 320.00 S.F. S/W .75 240.00 240.00 151 -A River Forest Lot 15, Blk. A River Forest Addn. 13.(S) Frank Robinson 460.00 S.F. S/W •38 174.80 174.80 13601 River Forest Lot 14, Blk. A- River-'Forest Addn. RIVER FOREST DRIVE INTERSEC ION 14.(S) Joe Cutler 460.00 S.F. S/W .38 174.80 174.80 13602 River Forest Lot 13, Blk. E River Forest Addn. 15. Elmo S. Masters 340.00 S.F. S/W .75 255.00 255.00 4909 Calallen Dr. Lot 14, Blk. E River Forest Addn. Page 4 ITE14 NO. OWNER AND PROPERTY DESCRIPTION QUANTITY ASSESSED DESCRIPTION OF ASSESSMENT RATE AMOUDIT TOTAL piI6T-:T ASSESSED MESQUITE T ZA.IL INTERSECTZ N 16. Manfred M. Scheurich 340.00 S.F. S/W .75 255.00 255.00 Box 10101 Lot 1, Blk. J River Forest Addn. 17. Nueces Inv. Corp. 640.00 S.F. S/W .75 480.00 480.00 Rt. 8, Box 249B San Antonio, Tx. 78228 Lots 2 -3, Blk. F River Forest Addn. 18. Jessie E. Simmons 320.00 S.F. S/W .75 240.00 240.00 5013 Calallen Dr. Lot 4, Blk. F River Forest Addn. 19. Don Smith Co. 320.00 S.F. S/W .75 240.00 240.00 Rt. 8, Box 542A San Antonio, Tx. Lot 5, Blk. F River Forest Addn. 20. J. L. Keller 340.00 S.F. S/W .75 255.00 255.00 Berl Himes 925 Barracuda Lot 6, Blk. F R-f —, Fes, - .. eaa Page ITEM NO. OWNER AND PROPERTY DESCRIPTION QUANTITY ASSESSED DESCRIPTION OF ASSESSMENT RATE AMOUNT TOTAL AMOUNT ASSESSED MOUNTAIN TZAIL INTERSECTI N 21. Willard T. Martin, Jr. 560.00 S.F. S/W .75 420.00 420.00 P. 0. Box 969 Robstown, Tx. 78380 Lot 15, Blk. F River Forest Addn. 22: Don Smith Co. 540.00 S.F. S/W .75 405.00 405.00 Rt. 8, Box 542A _ San Antonio, Tx. 78228 Lot 16, Blk. F River Forest Addn. BURNING TREE LANE INTERSECT ON END OF CA ALLEN DRIVE WF T SIDE UP R VER ROAD ROM CANTWELL DR. TO VAN CUR DR. SOU CH SIDE 23. Diamond Shamrock Corp. 288.00 S.F. S/W .75 216.00 216.00 P. 0. Box 631 Amarillo, Tx. 79105 Lot 6, Blk. 2 Page 6 ITEM NO. OWNER AND PROPERTY DESCRIPTION QUANTITY ASSESSED i : DE86RIPTTION OF ASST RATE AUNT TOTAL AUNT ASSESSED 23A. Jack Jester 172.32 S.". S/W .75 129.24 129.24 P. 0. Box 1392 Lot 5, Navigation Hts. 24. James H. Belanger, Jr. 722.08 S. I. S/W .75 541.56 541.56 629 Chamberlain A Kubela 25. Nat W. Hardy, Est. 545.80 S.). S/W .75 409.35 409.35 P. 0. Box 6277, 78411 Lot 1, Blk. 2, Geistman.Tract LYNCH DRIVE INTERSECTION 26. Nat W. Hardy 545.80 s. . S/W .75 409.35 409.35 P. 0. Box 6277 Lot 1, Blk 1 Geistman Tract 27. City of Corpus Christi 494.36 s. . S/W .75 - 0 - - 0 - Lot 31- 32 -33, Blk. 1 Van Cura Addn. VAN CUBA D1. INTERSECTION END OF Ur RIVER ROAD SOM H SIDE Page 7 ITEM NO. OWNER AND PROPERTY DESCRIPTION QUANTITY ASSESSED DESCRIPTION OF ASSESSMENT RATE AMOUNT TOTAL AMOUNT ASSESSED CARR LL LANE BEGINNING AT 1ST. WESLEYAN H. WE )T SIDE 28. 1st. Wesleyan Church 420.00 S.F S/W .75 315.00 315.00 5405 Carroll Lane Lot 14, Elk. 21 Lynwood P1. Unit 3 END AT 1ST WESLEYAN CH. WET SIDE MC LE ROAD ROM BROUGHT04 DR. TO CARROL LANE NORCH SIDE 29.() Michael T. Montemarro 480.00 S.F S/W .38 182.40 182.40 4838 Broughton Lot 18, Elk. 8 Central Park 30 () W. L. Fuller 480.00 S.F S/W .38 182.40 182.40 4837 Moravian Lot 19, Elk. 8 Central Park MORANIAN D IVE INTERSECTI N Page 8 ITF14 NO. OWNER AND PROPERTY DESCRIPTION QUANTITY ASSESSED DESCRIPTION OF ASSESSMENT RATE AMOUNT TOTAL Pii6 Vl ASSESSED 31.() Henry Gorman, et ux 480.00 S.F S/W .38 182.40 182.40 4838 Moravian Lot 18, Blk. 9 Central Pakk 32.() Ariel N. Cantu 480.00 S.F S/W .38 182.40 182.40 4837 Kosarek Lot 19, Blk. 9 Central Park KOS K DRIVE 33.() C.T. Sanchez, et ux 480.00 S.F. S/W .38 182.40 182.40 229 Edward Lot 18, Elk. 10 Central Park 34. S)Edmund Garcia, Sr. 480.00 S.F S/W .38 182.40 182:40 4837 Mokry - Lot 19, Blk. 10 Central Park MOKRY DRI E INTERSECTION Page 9 ITEid NO. OWNER AND PROPERTY DESCRIPTION QUANTITY ASSESSED DESCRIPTION OF ASSESSMENT RATE AMOUNT TOTAL P.MOU,'NT ASSESSED 35.(S) Alfredo C. Carrisales 480.00 S.F S/W .38 182.40 182.40 4838 Mokry Lot 18, Blk. 11 Central Park 36. (S) Antonio M. Ramon 481.00 S.F S/W .38 182.78 .182.78 4853 Carroll Lane Lot 19, Blk. 11. Central Park CARROLL LAN INTERSECTION END OF M ARDLE ROAD NOR SIDE 4Q, 2Si.Gs 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 here- in 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 evi- dence 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 comple- tion of said work on said street, and the findings of the Director 9 of Engineering & 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 abutt- ing 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 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 are assessed from and after the date said improvements were ordered by said City Council, to -wit: September 29 , 1976, and a personal liability and charge against the real and true owner or owners be named or correctly named here- in, 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 accep- tance by City; or 2. Payments to be made in maximum of 60 equal install- ments, 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 until the entire sum is paid in full, together with interest from the date of said completion and accep- tance by the City, until paid, at the rate of five and 10 one -forth percent (5 1/4 %) per annum; provided, however, that the owners of said property avail- ing themselves of option 112" 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, at the owner's request, the total monthly payments will not exceed ten ($10.00) per month. SECTION 6. That for the purpose of evidencing said assess- ments, the liens securing same and the several sums assessed against the said parcels or property and the real and true owner or owners thereof and the time and terms of payment, and to aid in the en- forcement thereof, assignable certificates shall be issued by the City of Corpus Christi, 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 accept- ance 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 11 property or in giving the name of any owner or owners, or otherwise, shall in anywise invalidate or impair the assess- ment levied herebv or the certificate issued in evidence there- of. That said certificate shall further provide substan- tially that if default shall be made in the payment of any in- stallment 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 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, and that said lien is first and paramount thereon, superior to all other liens, titles and charges, except for law- ful ad valorem taxes, from and after the date said improvements were ordered by said City Council, to -wit: September 29_, 1976 , 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 pro- perty 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 regular- ly 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. 12 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 there- of, 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 omission of said improvements in front of any part of 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 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 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 assessments 13 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 Charter of the City of Corpus Christi, Texas, under which terms, powers and provisions said proceedings, said improvements and assessments were hand 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 condi- tion 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 neces- sity exists, and having requested that said Charter rule be suspended, and that this ordinance be passed finally on the date of its intro- duction and take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the day of November 1976 ATTEST: r AP VED: DAY OF November , 19 76 J. BRUCE AYCOCK, CITY ATTORNEY By Assistant CiU, A torney �3 "At MAYOR PIQ-JM THE CITY OF CORPUS C RISTI, TEXAS CORPUS CHRISTI TEXAS DAY OF �'jlliliGf�C� 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 SMALL BE PASSED FINALLY ON THE DATE IT 13 INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; 1, 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 Plo•Tem THE CITY OF CORPUS CHRI Vil TEXAS THE CHARTER RULE WAS SUSPENDED BY TN FOLLOWING VOTE: JASON LUBY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GALLEY GABE LOZANO, SR. EDWARD L. SAMPLE THE ABOVE ORDINANCE WAS PASSED BY THA FOLLOWING VOTE: JASON LUBY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL 8013 GALLEY GABE LOZANO, SR. EDWARD L. SAMPLE ' s