HomeMy WebLinkAbout13977 ORD - 10/12/1977,1
AN ORDINANCE
CLOSING THE HEARING ON STREET IMPROVEMENTS,FOR THE
FOLLOWING STREETS:
CASA BLANCA, -LA ARBOLEDA, & HIGH TERRACE
STREET-IMPROVEMENTS
PHASE "A"
1. Bolivar St., from MacArthur §t. to Eisenhower St.;
2. Presa St., from MacArthur St. to Eisenhower:
3. Soledad St., from MacArthur to Greenwood Dr.;
4. .Guadalupe St., from MacArthur to Eisenhower;
5. MacArthur St., from Tarlton to Belton St.; and
6. Eisenhower St., from Bolivar to Belton.
PHASE "B"
1. Wainwright Street, from MacArthur St. to Eisenhower St.;
2. Montgomery Street, from MacArthur St. to Eisenhower St.;
3. Dunbar Street, from MacArthur St. to Greenwood Dr.;
4. Halsey Street, from MacArthur St. to Eisenhower St;
5. Nimitz Street, from S. Port Ave. to Eisenhower. St.;
6. MacArthur Street, from Tarlton St. to Nimitz St.;
7. Eisenhower Street, from Tarlton St. to Nimitz St.;
8. Goliad St., from S. Port Ave. to Lamar St.; .
•9. San Jacinto St., from S. Port Ave. to Lamar Street;
10. Sonora Street, from S. Port Ave. to Greenwood Dr.;
11. Alamo Street, from S. Port Ave. to Lamar St.; and
12. Lamar Street, Goliad St. to Baldwin Blvd.
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 Cofpus Christi, Texas, by
duly enacted ordinance passed and approved on the 3lstday of
August 1977, determined the necessity for, and ordered the
improvement of the following streets:
PHASE "A"
1. Bolivar-St., from MacArthur St. to Eisenhower St.;
2: Presa St., from MacArthur St. to Eisenhower:
3. Soledad St., from MacArthur to Greenwood Dr.;
4. Guadalupe St., from MacArthur to Eisenhower; -
5. MacArthur St., from Tarlton to Belton St.; and
6. Eisenhower St., from Bolivar to Belton.
PHASE "B"
•l. Wainwright Street, from MacArthur St. to Eisenhower St.;
2. Montgomery Street, from MacArthur St. to Eisenhower St.;
3. Dunbar Street, from MacArthur St. to Greenwood Dr.;
4. Halsey Street, from MacArthur St. to Eisenhower St;. , MICROFILMED
5. Nimitz Street, from S.-Port Ave. to Eisenhower. St.;
6. MacArthur Street, from Tarlton St. to Nimitz St.; JUL 0 7.1980
7: 'Eisenhower Street, from Tarlton St. to Nimitz St_;
8. • Goliad St., from S. Port Ave.• -to Lamar St.; . . • - .
9. San Jacinto St., from S.-Port.Ave. to Lamar Street;
10. Sonora Street, from S. Port Ave. to Greenwood Dr.;
11. Alamo Street, from S. Port Ave. to Lamar St.; and
a' 12: Lamar Street, Goliad St.' tg,B ds*jn Blvd.
in the manner and according to the plans and specifications
heretofore approved and adopted by the City Council by ordi-
nance dated Augiist 31 , 1977, 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 Asphalt. Maintenance Comaany, as to Phase "A ", and to
As haltt Pavin nd Construction Company, as to Phase "B ",
asp authori�e by Ordinance No. , dated October 12 , 19 77,
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
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WHEREAS, said City Council, by duly enacted ordinance
dated August 31 , 19 77, 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 August 31
19_ZZ, did order and set a hearing to be held at' 7;00 P.M. on
the 9±b _day of tPptemhp ri 192L, at _ Crockett Elementary School ,
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
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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 September 29 , 19 77, in Crockett Elementary School
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:
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MINUTES
CITY OF CORPUS CHRISTI, TEXAS
SPECIAL COUNCIL MEETING
CROCKETT ELEMENTARY SCHOOL
SEPTEMBER 29, 1977
7:00 P. M.
PRESENT:
Mayor Pro Tem Eduardo E. de Ases
Council Members:
Ruth Gill
Gabe Lozano, Sr.
Edward L. Sample
City Manager R. Marvin Townsend
City Attorney J. Bruce Aycock
City Secretary Bill G. Read
Mayor Pro Tem Eduardo E. de Ases called the meeting to order for the public
hearing on the assessments in connection with the Casa Blanca, La Arboleda, High
Terrace Area Street Improvement Project. Mayor Pro Tem de Ases welcomed
the people and explained the purpose of the meeting and the procedures in Spanish.,
Dorothy Zahn, Secretary in the Office of the City Secretary, called the
roll of required Charter Officers while City Secretary Bill G. Read was temporarily
absent from the meeting attempting to contact one of the Council Members and stated_
that a quorum was present.
Mayor Pro Tem de Ases asked City Manager R. Marvin Townsend to set the
stage for the public hearing on the preliminary assessments for this project.
City Manager Townsend stated that the purpose of the hearing is to explain:
the scope of the project and hear the comments of the members of the audience. He
then asked City Attorney J. Bruce Aycock to conduct the hearing.
City Attorney Aycock stated that this hearing is required by State law which
requires that the amount of assessment for each property owner shall not exceed the;
value of the enhancement received from the improvements.
Mr. Aycock called as his first witness Mr. James R. Lontos, P.E., Director
of Engineering and Physical Development. Mr. Aycock questioned Mr. Lontos as to_
his qualifications and ascertained that a formal resume of his qualifications iso,
on file in the Office of the City Secretary and considered as a part of the Minutes,
as if written herein.
Mr. Lontos explained the scope of the street--.improvement project, stating
that the project will be divided into two phases; the streets will be 28 feet wide'
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Special Council Meeting
September 29
Page 2
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measured from back of curb to back of curb; the construction will consist of 8
inches of compacted caliche base and 1'k inches of Type "D" hot -mix asphalt surface;
the improvements will include concrete curbs and Qutters, 4 -inch thick sidewalks
4 feet wide, and reinforced concrete driveways.
Mr. Lontos stated that the low bid on Phase "A" was submitted by Asphalt
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Maintenance Company, Inc., in the amount of $315,058.35; the preliminary assess-
ment for curbs, gutters, pavement, sidewalks and driveways totals $108,251.36; and
the City's cost would be $206,806.99.
Mr. Lontos informed the Council and the property owners that the low bid
on Phase "B" was submitted by APCCO in the total amount of $641,321.94; the prelim-
inary assessment for curbs, gutters, pavement, sidewalks and driveways totals
$232,668.75; and the City's cost would be $408,653.19. He pointed out that the
assessments for Phase "B" are somewhat higher than for Phase "A "; therefore, the
staff is recommending that the lower rate of $7.42 per linear foot for curbs,
gutters and sidewalks and $2.02 per square-foot for driveways be applied through
out the entire project. Mr. Lontos stated that the lower rates are not reflected
on the preliminary assessment roll but the corrections will be made.
City Manager Townsend interjected at this point that these lower rates
only apply to non - residential property. Mr. Lontos stated that the driveways for_
residential properties in Phase "B" will also be lowered to $2.02 per square foot.,
Mr. Lontos stated that the project will start in about 45 days; the pro-,
ject will be completed in 6 to 8 months, after which the assessments will be due;
the City provides that property owners may pay for their assessments in one pay
ment; but the City will arrange for property owners to make payments in 60 install-
ments at an interest rate of 5'k%. He further stated that in hardship cases, it
would be possible to extend the payments for 12 years at the same interest rate.,
Mayor Pro Tem de Ases called for comments or questions from the audience.,
Mr. Margarito Galvan, 2517 Soledad Street, mentioned the fact that a por-
tion of that street was constructed over an old landfill, and the street is sinking.
Mr. Lontos assured him that the foundation of the street will be repaired prior to-
paving,
Q tes ecial Council Meeting
September 29, 1977
Page 3
Mr. John Medina, speaking on behalf of Mrs. Maria Salazar, 3005 Eisenhower
Street (Item No. 240 of Phase "B "),stated that Mrs. Salazar's property is zoned
for business; a residence is located there; and she would like to have the property
rezoned as residential property.
City Manager Townsend informed Mr. Medina and Mrs. Salazar that the matter
will be investigated, and if it is appropriate that it be zoned as residential
property, the City of Corpus Christi will instigate the procedure to change the
zoning to residential, and Mrs. Salazar will be contacted in regard to this next
week.
Mayor Pro Tem de Ases recognized Mrs. Rosa Gonzales who was present in the
audience and complimented her on the outstanding work she has done as a member of.
the Planning Commission.
City Attorney Aycock next called Mr. W. J. (Bill) Hobby, ;Jr.',.Rgal Estate -.
Broker and Appraiser,_.to testify. Mr. Aycock questioned Mr. Hobby as to his quali —,
£ications and ascertained that a formal resume of his qualifications is on file In
the Office of the City Secretary and considered as a part of the Minutes as if
written herein. y
- Mr. Hobby testified that he is familiar with the market value in the City
of Corpus Christi and is'familiar with each and every parcel of land involved in-
the street improvements in this area. Mr. Hobby testified that, in his opinion,,
each parcel of land included in the assessment roll would be enhanced at least in the
amount listed on the preliminary assessment roll, with the exception of a few
Irregularly shaped lots listed in the Phase "B" portion of the street improvement'
project. Mr. Hobby presented the Council with copies of his letter of recommenda -,
tion and addendum listing the parcels of land on which he recommended reductions.,
Mayor Pro Tem de Ases stated that the actual testimony had been completed-
and invited questions from the audience in regard to the assessments.
An unidentified gentleman in the audience inquired about the length of time.
estimated for the construction project. Mr-. Lontos replied that the smaller project,
Phase "A" would require approximately six months for completion, and Phase "B" would
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dpecial Council Meeting
September 29, 1977
Page 4
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require approximately eight months. The same gentleman also asked about the drain-
age in the area. Mr. LOntOs informed him that additional storm sewers will be
installed, and the streets will be lowered to improve the drainage.
The same gentleman then inquired if the taxes will be increased as a result
of the street improvements. City Manager Townsend stated that property taxes are
related to 'sale prices of houses, and there is no direct relationship between the
street improvements and taxes.
In response to a question from an unidentified lady in the audience, Mr.
Lontos stated that property that is vacant will be assessed the same as property
that is not vacant. .
Mrs. Margie Callis, 2614 Wainwright Street, asked about the assessment for
each individual for sidewalks, driveways, etc. Mr. Lontos replied that the charge
for residential property is $4.75 for curbs, gutters and pavement per linear foot,
$.75 per square foot for sidewalks, and her total assessment at this time is $484.73.
Mrs. Aurora Quesada, 3708 Pensacola, who owns property at 2623 Alamo, asked
about the procedure for arranging for payment of the assessments. Mr. Lontos explained
that a staff member of the Department of Engineering and Physical Development will,
contact each property owner to assist in processing the necessary forms.
In reply to a question from the audience regarding fences, Mr. Lontos stated
that if the contractor has to remove a fence during construction, the fence will be`
replaced at the expense of the contractor.
Mr. Lontos informed the property owners that it would be possible to change'
width of driveways, but requested that these changes be called to the attention of
the staff after "the meeting is adjourned so the changes may be made on the plans
prior to construction. He also stated that community driveway$ can be built and
the property owners on each side of the driveway will be assessed for their portion
of the cost.
Mr. Margarito Galvan mentioned a problem in regard to parking on his street_
when services and events are conducted at the Holy Family Church. He stated that
there are parking -lots, but frequently drivers park on the street and block drive-
ways-.
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Special Council Meeting
September 29, 1977
Page S
Mayor Pro Tem de Ases assured Mr. Galvan that he will discuss this problem
with the priest of this church so that the parishioners may be made aware of the
problem.
City Manager Townsend stated that it is against the law to park vehicles
in a manner that blocks driveways and suggested that this could be brought to the
attention of the police.
Mayor Pro Tem de Ases urged the property owners to call City Manager
Townsend, members of the Council or staff members of the Department of Engineering
and Physical Development if they encounter any problems during construction of the
street improvements. Mayor Pro Tem de Ases then introduced the following staff
members to the property owners: Mr. James K. Lontos, Director of Engineering and.
Physical Development; Mr. Gerald Smith, Chief Engineer; Mr. Victor Medina, Con-
struction Engineer; and Paving Field Representatives - Mr. Erasmo Garza, Mr. Dan
Ambriz, and Mr. Harry Maxim.
Motion by Lozano that the hearing be closed, seconded by Sample and
passed unanimously.
The meeting was adjourned at 8:00 p.m. September 29, 1977.
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'
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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
aiid 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
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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
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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 suns 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:
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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
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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:;
ugUst 31 ,• 19 77, and a personal liability and dharge 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 pr ior
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:
I. 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 lst 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-
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one -forth percent (5 1 /4%) per annum; provided,
however, that the owners of said property avail-
- ing 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, 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 mistakeniri describing+; such.
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property or in giving the name of any owner or owners, or
otherwise, shall in anywise invalidate or impair the assess-
ment levied hereby 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:_ _ A..9 „�t 3� , 1977 ,
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 they
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
0 0
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 It'
day of- October 19 77
ATTEST:
City Secretary
APPROVED:
12th DAY OF October , 19 77
J. BRUCE AYCOCK, CITY ATTORNEY
By 1wfWd?f*M_ -
Assistant CiV Attorrieyf
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
This ordinance is in effect and
force with or without the
signature of the Mayor, in
accordance with Article II
Section 6 of the City Charter.
�_ . < =.. ,;• = •'�" .w�•;r� fir. Corpus Christi °,'Texas '
} TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi,•Texas r a
` For the reasons set forth in the emergency clause of the foregoing, - ordinance,.`
a public emergency and imperative necessity exist for the suspension 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 '06 City Council; I,- therefore,', request
that you suspend said, Charter rule or requirement and'pass this ordinance
finally on the'date it is introduced, or at the present meeting�of the .City
Council. 4-
Respectfully,
x MAYOR
* THE CITY OF CORPUS CHRISTI, TEXAS
The Charter rule «was suspended by the following vote:
Jason Luby
Eduardo de Ases
,. David Diaz
Ruth Gill
Bob Gulley
Gabe Lozano, Sr.
` Edward L. Sample
The above ordinance was passed by tthhe'following vote:
Jason Luby
Eduardo de Ases
David Diaz
Ruth Gill
Bob Gulley
Gabe Lozano, Sr. _
Edward L. Sample _
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