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AN ORDINANCE
CLOSING THE HEARING ON STREET IMPROVEMENTS FOR THE
FOLLOWING STREETS:
ELL& BARNES AREA, UNIT LA
.1. Chippewa Street from Duncan Avenue to Francesca
Street;
2.. Coleman and Morris Streets from Duncan Avenue
to Harmon Street;
3. Dolores Avenue and Harmon Street from Ruth
Street to Agnes Street;
4. Duncan Avenue from Highland Avenue to Agnes- -
Street;
5. Marguerite Street from Duncan Avenue to South
Port Avenue;
6. Mary Street from Francesca Street to South
Port Avenue;
7. Ruth Street from Francesca Street to Highland
Avenue;
8. Sunrise Avenue from Duncan Avenue to Ruth Street.
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 23rd day of
August , 1978, determined the necessity for, and ordered the
improvement of the following streets:
ELL& BARNES AREA, UNIT lA
1. Chippewa Street from Duncan Avenue to Francesca
Street;
2.. Coleman and Morris Streets from Duncan Avenue
to Harmon Street;
3. Dolores Avenue and Harmon Street from Ruth
Street to Agnes Street;
4. Duncan Avenue from Highland Avenue to Agnes
Street;
5. Marguerite Street. from Duncan Avenue to South
Port Avenue;
6. Mary Street from Francesca Street to -South
Port Avenue;
7. Ruth Street from Francesca Street to Highland C /Iv Qj
�
Avenue; ®jf�l
8. Sunrise Avenue from Duncan Avenue to Ruth Street.
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in the manner and according to the plans and specifications
heretofore approved and adopted by the City Council by ordi-
nance dated August 23 , 1978, 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 Isles Gonstrurtion
as authorized by Ordinance No. , dated _ October 4 , 1978,
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 L:
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 __August 23 , 1978, 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 23
1978, did order and set a hearing to be held at 7:00 P.M. on
the 20th day of September, 1978 , at Auditorium of Zavala 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
3
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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 20 , 1978 , in Zavala Elementary School Auditorium
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
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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
PRESENT:
Mayor Gabe Lozano, Sr.
Mayor Pro Tem Bob Gulley
Council Members:
David Diaz
Ruth Gill
Tony Juarez, Jr.
Edward L. Sample
CITY OF CORPUS CHRISTI, TEXAS
SPECIAL COUNCIL MEETING
ZAVALA ELEMENTARY SCHOOL
SEPTEMBER 20, 1978
7:00 P.M.
City Manager R. Marvin Townsend
City Attorney J. Bruce Aycock
Acting City Secretary Dorothy Zahn
Mayor Gabe Lozano, Sr, called the meeting to order at Zavala Elementary
School and stated that the purpose of the meeting was to conduct a public hearing
on the preliminary assessment roll for street improvements in the Ella Barnes Area
Unit IA.
It was noted that the necessary quorum was present to conduct a legally
constituted meeting.
City Manager R. Marvin Townsend explained that the public hearing on
paving assessments is required by law to obtain the property owners' comments
pertaining to the assessments on the street improvement project. Mr. Townsend
stated that the planned street improvement project is the result of voluntary
paving petitions that have been filed on each of the various streets included in
the project and funds for this project were approved as part of the 1977 Bond
Election and Community Development Program. City Manager Townsend then asked
City Attorney J. Bruce Aycock to preside in establishing testimony in connection
with the project.
City Attorney Aycock stated that this hearing is required by State law
covering paving assessments and that basically, the law is that before any assessments
can be placed, the engineers must make certain studies and estimated costs so 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. Gerald Smith, P.E., Chief Engineer in the Department of Engineering and Physical
Development, City of Corpus Christi, Texas.
Minutes
)ecial Council Meeting
aptember 20, 1978
Page 2
City Attorney Aycock ascertained that Mr. Smith is a qualified Registered
Engineer in the State of Texas and that he is familiar with the proposed project_
Mr. Smith proceeded to explain the Zavala School area street improvement
project, stating that this is a neighborhood street improvement project. Mr. Smith
displayed a map of the area involved which include improvements to the following
streets:
1. Chippewa Street from Duncan Avenue to Francesca Street;
2. Coleman and Morris Streets from Duncan Avenue to Harmon Street;
3. Dolores Avenue and Harmon Street from Ruth Street to Agnes Street;
4. Duncan Avenue from Highland Avenue to Agnes Street;
5. Marguerite Street from Duncan Avenue to South Port Avenue;
6. Mary Street from Francesca Street to South Port Avenue;
•7. Ruth Street from Francesca Street to Highland Avenue;
8. Sunrise Avenue from Duncan Avenue to Ruth Street.
Mr. Smith further explained that voluntary paving petitions have been receive
on all of the streets; funds were included in the 1977 Bond Program and through
Community Development funds; bids on the project were received on August 9, 1978;
and the plans and specifications were prepared by the Department of Engineering and
Physical Development.
Mr. Smith informed the Council and the audience that the streets shall be
constructed by excavation to a width and depth to permit the laying of a standard
curb and gutter section, 6" compacted subgrade, 8" compacted caliche base and 1V" -
Type "D" Hot -Mix Asphaltic pavement, and that the streets will vary in width from 28'
to 38' depending on right -of -way and street usage. Mr. Smith mentioned that in this
case,"Ruth Street will be the only street to be 38' wide. He also stated there will
be 4' -wide reinforced sidewalks and 6" reinforced driveways as shown on the construction
plans or where requested by the property owner. ,
Mr. Smith further added that the amount of assessments has been computed
according to the City ordinance pertaining to the levying of assessments and that
the maximum charge for residential property was computed at a rate of $4.75 per linear
foot for curb, gutter and pavement, and $.75 per square foot for sidewalks.
Chief Engineer Smith informed the audience that the low bidder on the
project was Isles Construction Company, Inc. in the amount of $733,370.10. Mr. Smith
stated that the contract provides for the project to be completed within 175 working
days or approximately 811 months and that it is staged'so that not too many streets
will be under construction at the same time. Mr. Smith further explained that there
are a few fences which will have to be reset at no expense to the property owner
and assured them that every extra precaution will be taken to save as many trees as
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µ September 20, 1978
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they possibly can. Mr. Smith stated that the project contains 366 items, some of
Which are corner lots, and that the City's total value of assessment roll is
$306,438.74.
Mayor Gabe Lozano briefly explained in Spanish Mr, Smith's presentation of
the project and stated that if anyone from the audience did not understand any part
of this project to please address themselves to either Council Members Diaz, Juarez,
Sample or himself and they would be more than happy to answer any of their questions
in Spanish.
Mr. Frank Medina, 3001 Highland, stated he owns property on Duncan Street;
that he understands everything about the project; that he is not here to complain
about the price; but that he is concerned in that streets such as Hiawatha, Havana,
Virginia, Pueblo, Duncan and Chippewa had been recently improved and that every one
of these streets are already in bad need of repair. Mr. Medina questioned the type
of base design used on these streets and urged the Council's consideration on some
other type material on the proposed street improvements.
Chief Engineer Smith informed Mr. Medina that these streets were included
in the Austin School Unit #2 project and that a different base design had been used
which was not as effective as-the material normally used. Mr. Smith informed
Mr. Medina that the Street Division has started working on some of these streets.
City Manager Townsend confirmed Mr. Smith's statement, adding that the
City realized that it was a mistake to use the different base on those streets and
assured Mr. Medina that these streets in this area will be constructed with material
previously used.
City Attorney Aycock called as his next witness, Mr. W. J. (Bill) Holly, Jr.,
a licensed Real Estate Broker in the State of Texas, and ascertained that Mr. Holly
is familiar with the area and had examined each and every piece of property to be
assessed in connection with this street project.
Mr. Holly testified that it is usually his unreserved opinion that resi-
dential property being assessed at a residential rate, will be enhanced in value in
an amount equal to at least the value of the street improvements being made; however,
in an area such as Ella Barnes Area -lA, it is his opinion that many residential (only)
properties (due to the higher assessed rates) may not be enhanced enough in value to
offset the costs of the improvements, particularly where so many 25' lots are included.
Mr. Holly further stated that he feels that a 25! lot, due to its limited useability,
probably would not justify the advanced rate of assessment.
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ipecial Council Meeting
September 20, 1978
Page 4
Mr. Holly mentioned that there are twenty -nine (29) businesses; business
structures, and apartment -zoned pieces of property on which the assessments may be
higher than the residential rate.
Mayor Cabe Lozano asked Chief Engineer Smith to please point out these 29
lots on the map. He then inquired that if residences are located on these lots why
should they be charged for business assessments.
City Manager Townsend recommended that this matter be studied by the Plannin
Department and the necessary rezoning hearings be held. In this manner, the assess-
ments may be reduced to residential rates, providing that the owners agree to have
these properties rezoned. He suggested that a pad be passed around so that the
property owners may write their name and address if he or she wishes to have their
property rezoned to "R -1B ".
Mr. Leon Brand, representing Role Real Estate, inquired that if he owns
Property that is zoned "A -2" on which he plans to construct apartments,' would he be
forced to rezone his property to "R -1B ".
Mayor Lozano informed Mr. Brand that any rezoning would have to be with the
property owner's consent.
City Manager Townsend remarked that the list that is being signed is just
for anyone who wishes to have his property zoning changed. Mr. Townsend stated that
a zoning hearing on the entire area will be held at which time the property owners will
be allowed to speak and express their objection to the change of zoning to residential.
Mayor Lozano briefly translated in Spanish Mr. Townsend's statement and
added that the purpose of changing the zoning is the difference in rates to allow
the property owners to take advantage of the lower assessment rates. He further
urged people wishing to rezone their property, to please sign the pad that is being
Passed around and assured them that notices will be mailed advising them when the
hearing will be held.
Chief Engineer Smith gave a brief explanation of�the savings to be realized
In rezoning a 25' lot from "A -1" to "R -1B" which would be approximately $129.00.
An unidentified lady from the audience inquired if the utility lines in
the alleys to be closed would be relocated.
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= Page 5
Chief Engineer Smith showed a slide of the alleys to be closed stating that
the utility lines are located in the alley at the present time; new utility lines
have been installed; and meters will be placed in front of the property on the reques
of the property owner. He added that if the existing water line is satisfactory, it
will not be moved; but if the condition of the water line warrants the relocation of '
the line to the street, the City will accomplish this with no charge to the property
owner. He did state, however, that the cost for the line between the meter and the
house is ordinarily charged to the property owner.
City Manager Townsend explained that in this case, the City is attempting
to devise a plan whereby the City will assume the cost for installing the line between
the meter and the house, but it has not been worked out as yet.
Chief Engineer Smith stated that the alleys are not physically open but that
the meter reader still has access to the alley in order to read the meter_
City Manager Townsend further explained that right now, anyone could walk
down that alley without violating the law, but technically, if the alley is closed,
there will be an easement for utility lines retained. City Manager Townsend stated
that the staff is recommending the closing of the four alleys in Blocks 9, 10, 11 and
12, Steele Addition (Duncan to Harmon) and in Block 8, Steele Addition (Harmon to
Port) in connection with the street improvements in Ella Barnes Area Unit IA. He
asked that Chief Engineer Smith explain further the proposed alley closings.
Chief Engineer Smith referred to a map of the area involved stating that
the alleys run between Duncan to Harmon and Harmon to Port; that these alleys have
not been used as public alley's per'se; there are very few utilities in the alleys;
that the staff feels that the neighborhood would be improved if the alleys are closed;
that the'water lines located in the alley will eventually be closed; and that the
easements will be retained until the water lines are abandoned.
Mayor Cabe Lozano briefly explained in Spanish about the alley closings,
further adding that if the closings are approved, 5' will be awarded to the abutting
property owners on each side of the alley but that at all times, the City requires
accessability to the alley for the checking or repairing of the utility lines.
A lady from the audience inquired if abutting Property owners.would be provide4
with written verification that they would be awarded 5' of the alley that is closed.
Chief Engineer Smith showed a slide of the alleys to be closed stating that
the utility lines are located in the alley at the present time; new utility lines
have been installed; and meters will be placed in front of the property on the reques
of the property owner. He added that if the existing water line is satisfactory, it
will not be moved; but if the condition of the water line warrants the relocation of '
the line to the street, the City will accomplish this with no charge to the property
owner. He did state, however, that the cost for the line between the meter and the
house is ordinarily charged to the property owner.
City Manager Townsend explained that in this case, the City is attempting
to devise a plan whereby the City will assume the cost for installing the line between
the meter and the house, but it has not been worked out as yet.
Chief Engineer Smith stated that the alleys are not physically open but that
the meter reader still has access to the alley in order to read the meter_
City Manager Townsend further explained that right now, anyone could walk
down that alley without violating the law, but technically, if the alley is closed,
there will be an easement for utility lines retained. City Manager Townsend stated
that the staff is recommending the closing of the four alleys in Blocks 9, 10, 11 and
12, Steele Addition (Duncan to Harmon) and in Block 8, Steele Addition (Harmon to
Port) in connection with the street improvements in Ella Barnes Area Unit IA. He
asked that Chief Engineer Smith explain further the proposed alley closings.
Chief Engineer Smith referred to a map of the area involved stating that
the alleys run between Duncan to Harmon and Harmon to Port; that these alleys have
not been used as public alley's per'se; there are very few utilities in the alleys;
that the staff feels that the neighborhood would be improved if the alleys are closed;
that the'water lines located in the alley will eventually be closed; and that the
easements will be retained until the water lines are abandoned.
Mayor Cabe Lozano briefly explained in Spanish about the alley closings,
further adding that if the closings are approved, 5' will be awarded to the abutting
property owners on each side of the alley but that at all times, the City requires
accessability to the alley for the checking or repairing of the utility lines.
A lady from the audience inquired if abutting Property owners.would be provide4
with written verification that they would be awarded 5' of the alley that is closed.
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September 20, 1978
Page 6
City Manager Townsend assured her that a certified copy of the ordinance
closing said alleys would be provided by the City Secretary's Office for anyone
requesting copies.
A gentleman in the audience inquired about how the trees can be saved.
Chief Engineer Smith introduced Mr. Victor Medina, P.E., Construction
Engineer, who will be on the construction site and will be available to discuss this
matter.
City Manager Townsend explained that as a matter of policy, the City will
save as many trees as they can but that unfortunately, some of the construction will
not allow it; however, he assured the property owners that every effort will be made
to save the trees.
Mr. Leon Brand spoke again and stated that he has two pieces of property
on which rent houses are located; the rent received is only $600 per month; he is
being assessed $10,000 total on this property; and it will not be profitable for him
to retain the property if he has to pay such high assessments.
City Manager Townsend replied that zoning will not be changed on property
on which the correct use exists and that the City plans to change the zoning on
property that contains single family residences which is zoned business or for
apartment use only.
Mr. Brand expressed his objection to the assessments proposed to be levied,
stating that he did not believe that the street improvements would enhance his property
in the amount of the assessments.
An unidentified gentleman referred to an article in the Corpus Christi
Caller —Times which indicated that the City will receive 3.2 million dollars in
Community Development funds and asked why this could not be used for street improve-
ments since it is specified that it must be used in the west side.
City Manager Townsend explained that the portion of the cost not paid by
assessments will be partially funded with Community Development funds and partly
with 1977 bond funds.
Council Member Bob Gulley pointed out that the paving would cost each
homeowner a lot more than the amount charged here if the City did not use Community
Development funds.
The unidentified gentleman spoke again inquiring why assessments could not
be paid out of the Community Development funds.
Mr. Victor Medina, P.E., Construction Engineer, explained that Communityr
nutes .. -u,s,ti r µ�; - n j.& •w i;,:: �cc :; ..�1 s1 `:
iecial Council Meeting
aptember 20, 1978 ;
Page 7
Development funds must be used on the total contract price less the preliminary
assessment, adding that the rest will be utilized in other parts of the community.
An unidentified lady asked that if she lives on one property but owns
another property could she rezone it too.
City Manager Townsend responded that as long as it is a single family dwellin
it could be rezoned.
Another lady asked how the property owners are to be billed.
Mayor Gabe Lozano explained that the City's representative will call on
each property owner to arrange the most convenient method of billing the assessments_
City Manager Townsend assured the property owners that payments on the
assessments will not be due until the project is completed, which will be at least
eight (8) months.
City Attorney Aycock again questioned Mr. Bill Holly and referred to his
testimony earlier in the meeting at which time he stated that on the 25' Lots he
did not think that it would be fair to assess them at the higher rate.
Mr. Bill Holly agreed that if those lots were changed to single family
residential zoning, the benefits received from the improvements would enhance the
property at least in the amount of the assessment providing the property is improved.
Mr. Holly also agreed that paving, curbs, gutters and sidewalks would improve the
lots.
City Manager stated that members of the staff wi11 remain on the premises
to answer any questions that property owners in the audience might have.
At this time, Chief Engineer Smith introduced members of the Engineering
staff who will be working on the project.
Council Member Ruth Gill inquired what the City's share of the project
cost would be if at least one -half of the property owners agree to rezone their property
to "R -1B" which would subsequently reduce the amount of the assessments.
City Manager Townsend responded that it will be substantially more.
Chief Engineer Smith stated that he did not have the amount of increase
available, but it would be approximately an additional $30,000 that the City will
have to pay, and that amount will probably be funded by Community Development funds. .
Mr. Dan Ambriz, a member of the voluntary paving staff, gtated- that a
property owner in the audience had inquired about a 24' x 70' lot on which a house
was located prior to Hurricane Celia. He stated that she had asked if the City would
allow her to rebuild this house.
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City Manager Townsend stated that this could be worked out with a staff
member.
Council Member Gulley moved that the hearing be closed_ It was seconded
by Sample and passed unanimously.
Mayor Lozano thanked the citizens for attending the meeting and suggested
that if they had other questions, they discuss them with Engineering staff members
following the adjournment of the meeting.
There being no further business to come before the Council, on motion by
Sample, seconded by Juarez, and passed unanimously, the Special Council Meeting was
adjourned at 8:25 p.m., September 20, 1978.
=�s,_. -
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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
acid 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
Xa d
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
`�Gs�,� +t•- �v`�•::r '`:�`•' i�:�.�.�. -r
K�:E;.• {r!"'- 'i;5.::."51'1, �- 'tin�,c;'� i.� * 1�,, ~��"�j- $i ;,Y.Kr�,�s•F•}��si�;sf ^.�. `a� ��.; Y,.'�•,'"�,- =i����:
X ' ?:,�9 y S 1 ssp• a.ea ;si.•� i;°
ag•.d. _ - .. .,y_ .xvo. it_:-�.' Y'ig;,,i y.45':;.''.e�S: n "'�,�^ "i: v'a, .Fr: 3,e.' .k.1
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:
N
y
8
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f'
"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
t 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
bj. the Director of Engineering & Physical Development upon comple-
tion of said work on said street, and the findings of the Director
9
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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:
August 23' , 1978, 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
r.
��.�`
c�t.r y�;A ?`eµ
IT",
�f a. k; y'n.
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 mistake in describing such
11
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V n,. a�aa� =,•'• v xK .;� crK. ; t . �, r ..5' �,' � r -4 a.�a.'.� •�vr.Pc-.
,y'�J„"•y";in"i.,.M ,- ,,,,,y�'i'in -.0 . '.�;R - '- uv';•' A o-' T.. s h 5 *t��..
a.. "`t,', 'rk.rb•- »�v�nbelak .+i 'F ;. 'yk.. - .... a ;.� i."s,_x.(S'•'
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: August 23' , 1978 ,
and shall provide in effect that if default shall be made in the
payment thereof, the same may be enforced, at the option o£ 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 recital's shall be evidence of all the
matters and facts so recited and no further proof thereof shall be
required in any Court.
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,
J 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 SS ACCORDINGLY SO ORDAINED, this the 4th
day of October , 1978 .
ATTEST:
City Secretary MAYOR.
APPROVED: THE CITY OF CORPUS CHRISTI, TEXAS
4th DAY OF October,
19 78
J. BRUCE AYCOCK, CITY ATTORNEY
By
Assistant Attorney
_ K'a�.;: �rtf
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 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 the 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.
Respectfully,
MAYOR pro•Tem
TTiE CITY OF CORPUS CHRIST% TEXAS
The Charter rule was suspended by the following vote:
Gabe Lozano, Sr.
Bob Gulley
David Diaz
Ruth Gill
Joe Holt
Tony Juarez, Jr.
Edward L. Sample
The above ordinance was passed
Gabe Lozano, Sr.
Bob Gulley
David Diaz
Ruth Gill
Joe Holt
Tony Juarez, Jr.
Edward L. Sample
453 9
-
Corpus Christi, Tee s
_day of
�y
19 %d
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 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 the 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.
Respectfully,
MAYOR pro•Tem
TTiE CITY OF CORPUS CHRIST% TEXAS
The Charter rule was suspended by the following vote:
Gabe Lozano, Sr.
Bob Gulley
David Diaz
Ruth Gill
Joe Holt
Tony Juarez, Jr.
Edward L. Sample
The above ordinance was passed
Gabe Lozano, Sr.
Bob Gulley
David Diaz
Ruth Gill
Joe Holt
Tony Juarez, Jr.
Edward L. Sample
453 9
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