HomeMy WebLinkAbout14655 ORD - 12/13/1978ikh:12- 13- 78;1st
AN ORDINANCE
CLOSING THE HEARING ON STREET IMPROVEMENTS FOR THE
FOLLOWING STREETS:
1. Sacky Drive, from 110 feet west of Bonham
Drive to Kostoryz Road,
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 1st day of
November , 1978, determined the necessity for, and ordered the
improvement of the following streets:
Sacky Drive, from 110 feet west of Bonham Drive to
Kostoryz Road,
4655
• P.
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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 _ Nnvamhpr 1 , 19 _M, 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
Jaw, 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 Concrete Paving Company
as authorized by Ordinance No. , dated December 13 , 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
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 November 1 , 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 November 1 ,
1978, did order and set a hearing to be held at 3:00 P.M. on
the 6th day of December, 1978, 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 December 6 , 1978, in the Council Chambers, City Hall,
in the City of Corpus Christi, Texas, in accordance with said
ordinance and notice, at which time an opportunity was given to
all -said 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
Ates
Regular Council Meeting
December 6, 1978
Page 8
City Manager Townsend explained that in the future, the Golf Course Super-
will report to Mr. Ken Krenek, Director of Parks, rather than to the Golf
-Pro, and this will provide the City staff with better control of the condition of
the golf coursb\and better relationships with the City employees at the golf course.
q. Plans and ecifications for construction and rehabilitation of the first
phase of Oso astewater Treatment Plant be approved and bids be received on
February 7, 19 The project includes construction and rehabilitation of
approximately ha f of the mixing tanks, reaeration tanks, clarifiers and
chlorine contact ambers; all of the prethickeners; aerobic digesters and
post - thickeners; a ew office and laboratory building; and two new blower
buildings. In addit n the project includes purchase of aeration and clarifier
equipment to be instal d when the next contract for plant work is let. This
will assure the City of tter competitive bids due to larger quantities of
purchase, continuity of ma' tenance and operation, and reduced cost due to
inflation. The project wil be funded by a 75% grant recently approved by
the Environmental Protection ency and 25% by local bond funds.
City Manager Townsend informed tfi� Council that this is a major contract for
4the rehabilitation of approximately one- half�of this plant.
Chief Engineer Gerald Smith explained t \Manager's icular contract will
require more than two years to construct.
Noting that two public hearings were sc:00 p.m., City Manager
Townsend suggested that the Council consider aps "a" thru "p" at this
4time and continue discussion of Item "q" and th Manager's Reports
following the public hearings.
There were no comments from the audiencger's ports Items "a"
thru "p."
Motion by Diaz that the City Manager's Reports, Items "a" thru "p "\,vith
Item "o" as corrected, be approved; seconded by Sample; and passed unanimous]
Mayor Lozano announced the scheduled public hearing on the following matter:
(a) Preliminary assessment roll for improvements to Sacky Drive from Kostoryz
Road to west of Bonham Drive. The assessment roll has been prepared in
accordance with the current assessment policy based on the low bid of
Asphalt Concrete Paving Company of $44,234.34. The preliminary roll totals
$16,843.41 and includes 8 items.
City Manager Townsend explained that bids on this project were received on
October 25, 1978, and the contract award will be made following the completion of
this public hearing. He then asked City Attorney J. Bruce Aycock to preside in
establishing testimony in connection with the preliminary assessment roll.
nutes
..egular Council Meeting
December 6, 1978
Page 9
City Attorney Aycock explained that this hearing is required by the State
law pertaining to paving assessments, and the purpose of the hearing is to develop
`facts by which the Council may make a determination that the subject property will
r actually be enhanced at least in the amount of the assessments proposed to be
levied. Mr. Aycock stated that he will call as witnesses a City staff engineer
,and an independent real estate appraiser. He also informed the Council that since
this is a public hearing, there may be property owners in the audience who may wish
to speak in regard to the preliminary assessment roll.
City Attorney Aycock called as his first witness Mr. Gerald Smith, P.E.,
Chief Engineer of the Department of Engineering and Physical Development. Mr.
Aycock ascertained that Mr. Smith is a qualified Registered Engineer in the State
of Texas, is employed by the City of Corpus Christi, and that he is familiar with
the street improvement project under discussion.
Mr. Smith further testified that he had supervised the preparation of the
preliminary assessment roll which includes eight items for a total of $T6,843.41.
-He explained that the assessment rates had been established according to the total
contract price of $44,234.34, which was the low bid as submitted by Asphalt Paving
'Concrete Company.
Chief Engineer Smith stated that a 28' wide street will be constructed;
the cost of 4" curb, gutter and pavement will be $13.18 per linear foot and for
6" curb, gutter and pavement, $13.44 per linear foot; the cost of the sidewalk will
be $1.04 per square foot; but that the assessments to be levied against the property
owners of property zoned and used for one and two family residences, churches and
schools will be $4.75 per linear foot for curb, gutter and pavement; and $.75 per
square foot for sidewalks. Mr. Smith informed the Council that no driveways were
included in the project.
Mr. Smith then located the area involved on the map and explained that a
new subdivision, Ventura Plaza No. 5, is under construction north of Sacky Drive,
and the staff feels that the extension of this street is necessary for the movement
of traffic through the subdivision. Mr. Smith explained the type of construction
that is planned for this street extension; stated that curb, gutters and sidewalks
-will be constructed in accordance with the requirements of the platting ordinance;
ces
Regular Council Meeting
December 6, 1978
Page 10
explained that 6" curbs are planned for the adjacent business property and 4" curbs
will be installed on the residential property; and stated that the necessary storm
sewers will also be installed. Mr. Smith also informed the Council that all of the
residential property involved in the assessment roll sides on Sacky Drive, and the
property owners of such property will pay only 50% of the usual residential assess-
ment rate. He also stated that since a street does not actually exist at this time,
the owners of the commercial property will be assessed to the center line of the
street. Mr. Smith also mentioned that the owners of the Lexington Manor Apartments
previously agreed to pay for one -half of the street construction which abuts their
property.
City Attorney Aycock called as his next witness Mr. W. J. (Bill) Holly, a
licensed Real Estate Broker in the State of Texas. Mr. Aycock established Mr.
Holly's competency to testify in regard to these preliminary assessments and
determined that he was familiar with the area and had examined each and every
piece of property abutting on the proposed extension of Sacky Drive.
Mr. Holly testified that, in his opinion, each and every piece of property
included in the assessment roll would be enhanced at least in the amount of the
assessment to be levied. He also assured the Council that there were no irregular -
or odd - shaped lots involved in this project.
There were no questions from the Council or from the audience in regard to
this project.
Motion by Diaz that the hearing be closed, seconded by Sample and passed
unanimously.
nayor Lozano announced the 'scheduled public hearing on the foil nwo g:
(b) Prelimina ssessment roll for improvements to N. Carancahua St. from,
Winnebago to Bu o and Winnebago from N. Carancahua to Upper Broadway.
The assessment roll ha en prepared in accordance with the current assessment
policy based on the low bid o 'ng Construction Company of $40,177.4o. The
preliminary roll totals $5,731.08 an ' volves 3 parcels.
City Manager Townsend stated that this assessmen earing is•for North
Carancahua Street from Winnebago to Buffalo and Winnebago from N. cahua to
Upper Broadway: there are _ �qmenta
.... - - _. - .,s' . r,_- � `F`.:'' -��.� _' tea``' -_'r :r�.,Yr "�.i•a ^�
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 I. 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 -x
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
16-4,
Property abutting upon said portion of said streets, and
against the real and true owners thereof, whether such real
and true owner or owners be named or correctly named herein
or not, the several sums of money hereinbelow mentioned and
itemized opposite the description of the respective parcels of
said property, the number of front feet of each and the several
amounts assessed against same and the real and true owner or
owners thereof, and names of the apparent owners thereof, all
as corrected and adjusted by said City Council, being as follows,
to -wit:
8
December 7, 1978
FINAL ASSESSMENT ROLL
SACKY DRIVE EXTENSION
Sacky Drive Extension shall include improvements to the following street:
Sacky Drive from West of Bonham Drive to Kostoryz Road_
This street shall be constructed by excavation to a width and depth to permit
the laying of a standard curb and gutter section, 6" compacted subgrade, 6"
compacted caliche base and 1 1/2" Type "D" Hot Mix Asphaltic pavement for a
28' wide street. There will be 4' wide reinforced concrete sidewalks 4" thick
and 6" thick reinforced concrete driveways where requested by property owners.
The assessment rates have been calculated in accordance'with the latest paving
Policy adopted by the City. Based on the lowest bid price submitted by Asphalt
Paving Concrete Company, the assessment rates are as follows:
28' Wide Street, Back of Curb
4 Curb, Gutter & Pavement $13.18 per 1_f.
6" Curb, Gutter & Pavement 13.44 per l.f.
Sidewalk $1.04 per s.f.
All properties, zoned and used for one and two family residences, churches and
schools have been assessed at the maximum rate established by the City Council
as follows:
Curb, Gutter & Pavement $4.75 per s.f.
Sidewalk
.75 Per s.f.
TOTAL CONTRACT PRICE $44,234.34
TOTAL FINAL ASSESSMENTS 16,843.41
TOTAL CITY PORTION $27,390.93
JKL /dl
James
es K. LontosS P. ., Director
Engineering & Physical Development
_ e, Z.
S) 2. I
3) 3.
Lot 2 tonio, Tx. 78216
,Boulevard Acres Annex I
*Cr. Rtn. Kostoryz 13�
A -1
nv TURYZ ROAD IN SECTION
Page 1
ITEM OiJNER AND
December 7, 1978
�—
NO. PROPERTY DESCRIPTION
QUANTITY DESCRIPTION
Plaza #4
t•
S/W
F) 40.00 S.F.
ASSESSED OF RATE
TOTAL
B
ASSESSMENT
AMOUNT AMOUNT
BO STREET IN TERSECTION
Maldonado
Bonham Dr. 78415
ASSESSED
12, Block 10
FINAL ASSESSf I4T ROLL
ura Plaza -
S/W
F)�40.00 S.F. S/W
SACKY DR VE
-p- S.F. D/W
Be inning Sta. 1 + 19 to Kosto 'z oad
Norths de
1• Lexington Manor Ltd.
C/o Consolidated Real
657.85 L.F. C.G.& PVMT. 13.44
2 S.F.
8,841.51
Mn t.>
P_ o. Box 32185
+631.14 S/w
-0- S.F. D/W •75
F
1,973.36
San An
-0-
S) 2. I
3) 3.
Lot 2 tonio, Tx. 78216
,Boulevard Acres Annex I
*Cr. Rtn. Kostoryz 13�
A -1
I 2.38
4.75
.38
•75
245.14
47.50
156.56
30.00
_p_
X10,814.87
479.20
2.38 263.97
4.75 47.50
.38 168.59
•75 30.00
-0-
510.06
nv TURYZ ROAD IN SECTION
SACKY DRIVE NORTHSIDE
,ia Manning
)1 Bonham Dr. 78416
5.1103.00 L.F. C.G.& PVMT.
F)*10.00
11, Block 11
tuna
L.F. C.G.& PVMT.
S)412.00 S.F.
Plaza #4
t•
S/W
F) 40.00 S.F.
on Bonham St.
S/W
-0-
B
S.F. D/W
BO STREET IN TERSECTION
Maldonado
Bonham Dr. 78415
S)3- 91 L.F. C.G.& PVMT.
F) 10.00 L.F.
12, Block 10
C.G.& PVMT.
5)443.64 S.F.
ura Plaza -
S/W
F)�40.00 S.F. S/W
on Bonham
-p- S.F. D/W
I 2.38
4.75
.38
•75
245.14
47.50
156.56
30.00
_p_
X10,814.87
479.20
2.38 263.97
4.75 47.50
.38 168.59
•75 30.00
-0-
510.06
„
Page
ITEM OWNER AND
N0. PROPERTY DESCRIPTION
QUANTITY DESCRIPTION
ASSESSED OF
RATE
AMOUNT
ASSESSMENT
(S) 4. Jose Angel Rodriquez
(5)110.78 L.F.
5301 Bowie 78C
.G.&
C.G. PVNjT,
(F) 10.00 L.F.
2.38
236.6
Lot 11, Block 10
Ventura Plaza
C.G.& FVMT.
443.12 S.F. S/W
4.75
47-51
R -1B
40.00 S.F. S/W
.38
168.3!
-0- S.F. D/W
-75
30.0(
-0-
WIE STREET IN SECTION
(S) 5• Guadalupe Cavazoos, Jr.
5302 Bowie 78415
5)110.91 L.F. C.G.& PVMT.
Lot 11, Block 9
F) *10.00 L.F. C.G.& PVMT.
2.38
4.75
263.97
Ventura Plaza
443.64 S.F. S/W
4 7.50
R -1$
*40.00 S.F. S/W
38
168.59
*Ret. on Bowie St.
-0- S.F. D/W
•75
30.00
-0-
(S) 6• R. J. Gonzales
5342 Bowie 7841q
S) *25.82 L.F. C.G.& OVMT.
F) 10.00 L.F.
2.38
299
Lot 1, Block 9
Ventura Plaza
C.G.& PVMT.
5)503.28 S.F. S/W
4.75
-46
47 -50
R -1B
F) *40.00 S.F, S/W
•38
191.25
*Ret. on Al aniz St.
-0- S.F. D/W
•75
30.00
-0-
IZ STREET IN ERSECTION
(S) 7. Francisco E. Sandoval
5317 Alaniz St. 78415
L.F. C.G.& PVMT.
F)
Lot 2, Block 1
Southland
*25.82
10
) .00 L.F. C.G.& PVMT.
S)503.28 S.F.
2'38
4.75
299.46
47.50
Estates
R -1B
S/W
F' ) *40.00 S.F. S/W
,38
191.25
*Ret. on Alaniz St.
-0- S.F. D/W
•75
30.00
-0-
8• Mazy U. Hartlep
5301 Kostoryz 78415
*175 -38 L.F. .& PVMT.
C.G
.G
Lot 8, Block 1
701,52 S.F ,
13.44 2,357.11
Southland Estates
-0- S.F. D/W
• 75
526.14
B -1
-0-
*Cr. Trn, from Kostoryz 13,
KOSTORYZ OAD
E
SACKY DRIVE SOUTHSIDE
END SACKY RIVE
TOTAL ASSESS
NT
1(
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
;L'
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:
— NnvP— &, 7 _, 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
one -forth percent (5 1/4 %) per annum; provided,
however, that the owners of said property avail-
ing themselves of Option 112" or 113" 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 prop=
erty 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: November 1 , 1978 ,
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 had and made by said City
Council.
SECTION 8. The fact that the above - described streets have
become important thoroughfares and the fact that the present 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 ��a22nd
after its passage, IT IS ACCORDINGLY SO ORDAINED, this the GJ
day of Dpramhpr 1918_.
ATTEST:
Secretary
APPROVED:
13th DAY OF December , 1978
J. BRUCE AYCOCK, CITY ATTORNEY
By
Ass— ant Attorney
AS
Corpus Christi, Texa
l3 day of o 192—,P—
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,
THE �efollowjng Y 4SF US CHRISTI, TEXAS
The Charter rule was suspended by vote:
Gabe Lozano, Sr. ••• --
Bob Gulley
David Diaz
Ruth Gill
Joe Holt
Tony Juarez, Jr.
Edward L. Sample
The above ordinance was passed by the following vote:
Gabe Lozano, Sr.
Bob Gulley j
David Diaz
Ruth Gill
Joe Holt
Tony Juarez,.Jr.
Edward L. Sample
1-4655