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HomeMy WebLinkAbout14795 ORD - 02/28/1979•:2_28_79;lst AN ORDINANCE CLOSING THE HEARING ON STREET IMPROVEMENTS FOR THE FOLLOWING STREETS: 1. Sam Rankin Street from Martin Luther King Drive to West Broadway Boulevard; 2. Winnebago Street from Sam Rankin Street to Brownlee Boulevard and from North Staples Street to I.H. 37 Frontage Road; 3. Lake Street from Sam Rankin Street to T. C. Ayers Park; 4. Ramirez Street from North Alameda Street to Waco Street; 5. Waco Street from Winnebago Street to Martin Luther King Drive, 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 110- day of January , 1979, determined the necessity for, and ordered the improvement of the following streets: 1. Sam Rankin Street from Martin Luther King Drive to West Broadway Boulevard; 2. Winnebago Street from Sam Rankin Street to Brownlee Boulevard and from North Staples Street to I.H. 37 Frontage Road; 3. Lake Street from Sam Rankin Street to T.C. Ayers Park; 4. Ramirez Street from North Alameda Street to Waco Street; 5. Waco Street from Winnebago Street to Martin Luther King Drive MICROFILMED 1UL 0 8 T9C0 14 795 41• in the manner and according to the plans and specifications heretofore approved and adopted by the City Council by ordi- nance dated January 31 , 1979, 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 Paving & Construction Company (APCCO) as authorized by Ordinance No. 14771 , dated February 14 , 1979, 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 1 WHEREAS, said City Council, by duly enacted ordinance dated January 31 , 19 79, 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 January 31 , 1979, did order and set a hearing to be held at 7:00 P.M. on the 21st day of February , 1979, at Solomon Coles Elementary School Cafeteria 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 February 21 , 1979, in Solomon Coles Elem. School Cafeteria 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 • PRESENT: Mayor Pro Tem Bob Gulley Council Members: David Diaz ** Ruth Gill *** Joe Holt * Edward L. Sample MINUTES CiTY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING SOLOMON-COLES ELEMENTARY SCHOOL February 21, 1979 7:00 p. m. Assistant City Manager Archie N. Walker Assistant City Attorney Jim Holtz City Secretary Bill G. Read Mayor Pro Tem Bob Gulley called the meeting to order at the Solomon - Coles Elementary School in the absence of Mayor Gabe Lozano, Sr. and stated that the purpose of the meeting was to conduct a public hearing on the preliminary assessments on the street improvements in the Washington -Coles Area - Phase 1. Administrative Assistant Dorothy Zahn called the roll of required Charter Officers in the temporary absence of City Secretary Bill G. Read and stated that the necessary quorum was present to conduct a legally constituted meeting. Assistant City Manager Archie N. Walker asked Mr. James K. Lontos, Director of Engineering and Physical Development, to briefly describe the street improvement project. Mr. Lontos explained that the Washington -Cole School Area Street Improve- ments include the following streets: 1. Sam Rankin Street, from Martin Luther King Drive to West Broadway Blvd.; 2. Winnebago Street, from Sam Rankin Street to Brownlee Blvd. and from North Staples Street to I.H. 37 Frontage Road; 3. Lake Street, from Sam Rankin Street to T. C. Ayers Park; 4. Ramirez Street, from North Alameda Street to Waco Street; and 5. Waco Street, from Winnebago Street to Martin Luther King Drive. He informed the Council that funds for this street reconstruction had been included in the 1972 Bond Election; the project was initiated as a result of some voluntary paving petitions from residents of some of the streets; bids were received on the project, and the bid was awarded to APCCO, the low bidder, on February 14, 1979, for a contract price of $504,235.15, but the work has not started yet. Assistant City Manager Walker stated that Assistant City Attorney Jim Holtz will conduct the hearing and that testimony will be offered by Mr. James K. Lontos; Mr. Gerald Smith, Chief Engineer for the City; and by Mr. William J. Holly, the City's independent appraiser. • • Minutes Special Council Meeting February 21, 1979 Page 2 Assistant City Attorney Holtz stated that the purpose of this hearing is to determine whether or not the assessments that have been proposed are appropriate and proper and if the property involved will be enhanced at least in the amount of the assessment to be levied. Mr. Holtz explained that the procedure to be followed would be to provide testimony on which the Council can base their decision as to the validity of the assessments. He then called as his first witness Chief Engineer Gerald Smith, P.E. Through questioning of Chief Engineer Smith, Mr. Holtz ascertained that he is a qualified professional engineer, registered in the State of Texas, that he has been employed by the City of Corpus Christi for 19 years, and that he is tho- roughly familiar with the protect under discussion. Mr. Holtz then requested that Mr. Smith explain the Washington -Coles Area - Phase 1 street improvement project. Mr. Smith displayed a map of the area and located the streets to be improved in the area, some of which are scheduled to be Improved and others are to be completely reconstructed. He also stated that water lines in some of the streets will be replaced as a part of this contract which has been awarded to APCCO, the construction company that submitted the lowest bid. Chief Engineer Smith explained that the assessments were computed according to the contract price of $504,235.15, and the assessment roll consists of 102 items for a total of $102,777.86. Mr. Smith described the planned method of construction; stated that no assessments will be levied on Sam Rankin Street for pavement since it will only be resurfaced; and explained that credits will be given for existing improvements if they are in good condition. Assistant City Attorney Holtz inquired about the completion date of the project, and Chief Engineer Smith replied that the contract was awarded on February 14, 1979; the project should begin in approximately two weeks; and the contract allows for 120 working days, which is approximately six months. * Council Member Sample arrived at the meeting at 7:25 p.m. Mr. David Coover, Attorney representing one of the property owners, inquired about the possible credit for existing improvements. Chief Engineer Smith replied that most of the credits will be for property owners who own property on Sam Rankin Street. He stated that there are some sidewalks Milks Special Council Meeting February 21, 1979 Page 3 on other streets for which credit will be given, but basically most of the credits referred to are on Sam Rankin and Winnebago Streets. Mr. Smith also stated that no credits will be given for property on Ramirez Street. Mr. Coover, stating that the property he was concerned about was on Ramirez Street, asked for a definition of serviceable pavement and sidewalks that are in good condition. Mr. Smith reiterated that the staff did not find anything in the 6900 Block of Ramirez Street on which credit could be given. Mr. Lontos then introduced Mr. William J. Holly, who was present to present testimony in regard to the value of the assessments. Assistant City Attorney Holtz questioned Mr. Holly and determined that he is a licensed real estate broker in the State of Texas, that he has been in the real estate business for 25 years, and that he is experienced as a real estate appraiser. Mr. Holly verified that he has examined each and every parcel of land included in this project. He testified that with the exception of three parcels of land, in his opinion, each and every parcel assessed as a part of this project will be enhanced in value at least in the amount of the assessment. Mr. Holly continued his presentation by explaining that this protect includes three odd -shaped, or pie -shaped, pieces of property on which he has recom- mended a reduction. He explained that because of the odd shapes of the lots listed below, he has recommended reductions as listed: item No. 39 - Sadi Orshanski Estate Item No. 62 - SA.U. & G. R.R. Item No. 67 - A. Watford, et ux Recommended Reduction $153.79 $257.35 $459.42 Mr. Lontos stated that the staff has reviewed the recommendations of Mr. Holly; they agree with the suggested reductions on these parcels; and he recommends that these reductions be incorporated in the assessment roll. Mr. Coover indicated that he would like to question Mr. Holly in regard to Item 91 which is listed as Lot 9, Block 69, Bluff Portion, stating that he was speaking on behalf of the owner. He Inquired of Mr. Holly if he was familiar with • Mi es Special Council Meeting February 21, 1979 Page 4 this particular piece of property. Mr. Holly stated that he is familiar with It and noted that it is a vacant lot. Mr. Coover further questioned Mr. Holly in regard to the condition of the street in front of this property, and Mr. Holly stated that the entire portion of this street needs to be improved. Assistant City Attorney Holtz objected to this line of questioning of the real estate appraiser, pointing out that he is not qualified to testify as to the condition of the streets and that he was not retained by the City for this purpose. Mayor Pro Tem Gulley informed Mr. Coover that he would allow him to ques- tion Mr. Holly in regard to his appraisals of the property as it pertains to the assessments, but the Engineering staff would be the proper ones to speak to the condition of the street. Mr. Coover then stated that he would like to know the value of this parti- cular piece of property and questioned Mr. Holly in regard to this. Mr. Holly stated that he would have to run some comparables of similar property before he could reply to that question, indicating that he would be glad to do so if Mr. Coover would like to engage him for this service. Mr. Coover then questioned Mr. Holly's ability to testify as an expert witness in regard to the enhancement of this property if he does not even know the value of the property. Mr. Holly informed Mr. Coover that he could testify as to the value of the improvements planned for this property and pointed out that he was not employed by the City for any other purpose. Assistant City Attorney Holtz again objected to Mr. Coover's questions and pointed out to the Council that the purpose of this hearing is not to determine the value of all of the property involved. Mr. Holtz noted that the appraiser, Mr. Holly, has testified that each and every piece of property will be enhanced at least the value of the assessments with three exceptions of odd -shaped lots, and pointed out that Mr. Holly has already done this. Mayor Pro Tem Gulley again explained to Mr. Coover that the appraiser was not required to testify as to the value of all of the property involved in the project. 1110 Minutes Special Council Meeting February 21, 1979 Page 5 • Mr. Coover then objected to the assessments leviedagainstthis property and stated that the gentleman who owns the property cannot afford to pay for the assessments and that an attempt has been made to sell the property without success. Mr. Lontos mentioned the fact that most of the property included in this assessment roll is zoned other than residential, and noted that the property under discussion is zoned "A-1" but is vacant. He informed Mr. Coover that traditionally the City has taken the position that if the property owners involved in a street improvement project desire to have their property rezoned to "R -1B", the City will initiate the proceedings, and If the property is down zoned, then the assessments may be reduced accordingly. He suggested to Mr. Coover that he request the change of zoning for his client on this particular item since it is a vacant lot. Council Member Holt inquired about the amount of reduction that would be effected if this particular piece of property is rezoned to "R-iB," and Mr. Lontos replied that the rate would be reduced from $10.48 to $4.75 for curb, gutter and pavement. Council Member Holt then explained to Mr. Coover that the assessment on this property could be greatly reduced if he would request that the City initiate change of zoning proceedings. After further discussion, Mayor Pro Tem Gulley stated that it is the con- sensus of the Council that if the property owners request it, their property could be rezoned "R-iB" which would result in a lower assessment. Mr. Joe McManus, Realtor, 509 N. Water, stated that he was speaking on behalf of Mrs. liana Braslau on Items 82 and 83, which are 50 -foot lots bordering on Ramirez Street. Mr. McManus pointed out that this property has gone down con- siderably in value and he did not think that it would be enhanced in the amount of the assessment and informed the Council that his client had already paid assess- ments when North Alameda and other streets in the area were improved. Council Member Gill inquired if it is determined that the property will not be enhanced by the amount of the assessment, if it would be possible to change the amount of the assessment. Assistant City Manager Walker confirmed that if the property is not to be enhanced at least in the amount of the assessment, according to State law, the assessment must be reduced. •eS Special Council Meeting February 21, 1979 Page 6 • Discussion followed in regard to this aspect of the assessments, and Assis- tant City Attorney Holtz informed the Council that the property owner has 15 days in which to appeal the decision of the Council In District Court if he does not agree with the recommended assessment. Mr. Perry C. Tucker, the owner of Mayflower Moving and Storage Company, who owns property listed in Items 69, 70 and 102, contended that his business will not be enhanced in the amount of the assessments. **Council Member Gill departed the meeting at 7:55 p.m. Mr. Tucker stated that he would like to have the sidewalks deleted from his property which is adjacent to Winnebago and. Sam Rankin. He also stated that he did not object to the sidewalks being installed on Waco Street because the children walking to school need these sidewalks, but he pointed out that they will not enhance his property. Mayor Pro Tem Gulley suggested that he discuss this matter with the staff after the close .of the public hearing. Mr. Pedro Garza, 2313 Riggan, spoke in regard to his property which is listed as Item 64, which is zoned "A-1" and on which two residential units are located, and inquired if this property could be rezoned to "R -1B" in order for the assessment to be reduced. Mayor Pro Tem Gulley assured him that if he requested lesser zoning on this property, the staff would initiate the zoning procedure which would In turn allow for the reduction in his assessment. The Reverend Elliott Grant stated that the St. Matthews Missionary Baptist Church does own property that is on Ramirez Street which has curbs, gutters and sidewalks for which they are being assessed and inquired if credit would be allowed. Chief Engineer Smith explained that consideration will be given to exist- ing improvements and If they are in good condition, credit will be recommended. Mr. Coover spoke again in regard to Block 69, Bluff Portion, stating that he is thoroughly familiar with the area; the street is macadam paved; there are no holes or ruts in the street; there is no need for curbs, gutters and sidewalks in the area; there is no reason to improve this street; and that his client's property will certainly not be enhanced by these improvements. He also contended that his S a1 Council Meetjng February 21, 1979 Page 7 • client cannot afford to pay his assessment and would like to sell the property. Mr. Coover summarized by emphasizing that Ramirez Street does not need to be reconstructed because it is more than adequate at this time. Mayor Pro Tem Gulley explained that the Council has to consider what is best for a majority of the citizens in the area and they feel that these improvements will benefit the entire neighborhood. Reverend Grant stated that he, too, felt that the improvement program is needed by the neighborhood. He also pointed out that improved lighting would be very desirable in the neighborhood. ***Council Member Holt departed the meeting at 8:12 p.m. Mr. Lontos reminded the Council that this project is a Community Development project; there have been many public hearings conducted in connection with the pro- ject; and an attempt is being made to change the character of the neighborhood through this program, and the street improvement project is one of the items under- taken for this purpose. Mayor Pro Tem Gulley reiterated that if any of the property owners had any specific questions, members of the staff will remain after the meeting to assist them. There being no further business to come before the Council, on motion by Sample, seconded by Diaz, and passed unanimously, the Special Council Meeting was adjourned at 8:15 p.m., February 21, 1979. • 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 the Charter under which ceedings of and contracts were proper and in accordance with of said City and the laws of the State of Texas, those proceedings were being had, and the pro - 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 CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That there being no further protest or mony for or against said improvements, said hearing granted OF THE testi- to the real and true owners of abutting property on said streets, within the limits above defined, and to all persons, firms, corporations and estates, owning or claiming same or any interest therein, be and the same is hereby closed and all protests and objections, whether specifically mentioned or not, shall be, and the same are hereby overruled and denied. SECTION 2. That said City Council hereby finds and determines upon the evidence heard in reference to each and every parcel or property abutting upon the aforesaid streets, within the 6 • • limits defined, that the special benefits in the enchanced value to accrue to said property and the real and true owner or owners there- of, by virtue to the construction of said improvements to said portion of said streets upon which said property abuts, will be in excess of the amount of the cost of said improvements as proposed to be, and as herein assessed against said abutting property and the real and true owners thereof, and finds that the apportionment of the cost of said improvements, and that all assessments hereinbelow made are just and equitable and produce substantial equality con- sidering the benefits received and the burdens imposed thereby, and are in accordance with the laws of the State of Texas, and the Charter provisions of the City of Corpus Christi, Texas, and that the proceedings and contract heretofore had with reference to said improvements are in all respects regular, proper and valid, and that all prerequisites to the fixing of the assessment liens against said abutting properties, as hereinabove described and the personal liability of the real and true owner or owners thereof, whether named or correctly named herein or not, have been in all things regularly had and performed in compliance with the law, Charter provisions and proceedings of the said City Council. SECTION 3. That in pursuance of said ordinance, duly enacted by said City Council, authorizing and ordering the improve- ments of the above described street, within the limits defined, and in pursuance of said proceedings heretofore had and enacted, by said City Council, in reference to said improvements and by virtue of the powers vested in said City with respect to said street im- provements by the laws of the State of Texas and the Charter of said City, with particular reference to Chapter 106 of the Acts of the First Called Session of the 40th Legislature of the State of Texas, known and shown as Article 1105b of Vernon's Annotated Civil Statutes of Texas, as amended, there shall be, and is hereby levied, assessed and taxed against the respective parcels or 7 • property abutting upon said portion of said streets, and against the real and true owners thereof, whether such real and true owner or owners be named or correctly named herein or not, the several sums of money hereinbelow mentioned and itemized 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 .4110 PRELIMINARY ASSESSMENT ROLL 11111 WASHINGTON -COLE SCHOOL AREA STREET IMPROVEMENTS February 28, 1979 The Washington -Cole School Area Street Improvements shall include improvements to the following streets: 1. Sam Rankin Street, from Martin Luther King Drive to West Broadway Boulevard; 2. Winnebago Street, from Sam Rankin Street to Brownlee Boulevard, and from North Staples Street to I.H. 37 Frontage Road; 3. Lake Street, from Sam Rankin Street to T. C. Ayers Park; 4. Ramirez Street, from North Alameda Street to Waco Street; 5. Waco Street, from Winnebago Street to Martin Luther Ring Drive. These streets shall be constructed by excavation to a width and depth to permit the lay- ing of a standard curb and gutter section, 6" compacted subgrade, 8" compacted caliche base and 1'" and 2" Type "D" Hot Mix Asphaltic pavement. Streets will vary in width from 28' to 41' depending on right-of-way and street usage. There will be 4' wide rein- forced sidewalks and 6" thick reinforced driveways as shown on the construction plana or where requested by the owner. The assessment rates have been calculated in accordance with the latest paving policy adopted by the City. Based on this policy and the low bid price submitted by APCCO, the assessment rates are as follows: 28' Wide Street, BOC 4" Curb, Gutter & Pvmt. $10.48 6" Curb, Gutter & Pvmt. $10.90 38' Wide Street, BOC 4" Curb, Gutter & Pvmt. $17.47 6" Curb, Gutter & Pvmt. $17.89 Rates for 5' Street Widening 4" Curb, Gutter & Pvmt. $13.00 6" Curb, Gutter & Pvmt. $13.43 Sidewalks $1.34 Driveways Curb & Gutter (Only) 4" Type 6" Type L.F. L.F. L.F. L.F. L.F. L.F. per S.F. $2.93 per S.F. $4.69 per L.F. $5.11 per L.F. All properties have been assessed at the Curb, Gutter & Pavement Curb, Gutter & Pavement (Residential, school & church) Sidewalk TOTAL CONTRACT PRICE TOTAL PRELIMINARY ASSESSMENTS TOTAL CITY PORTION 37.6' Wide Street, BOC 4" Curb, Gutter & Pvmt. $17.20 L.F. 6" Curb, Gutter & Pvmt. $17.62 L.F. 39' Wide Street, BOC 4" Curb, Gutter & Pvmt. $18.13 L.F. 6" Curb, Gutter & Pvmt. $18.56 L.F. rates established by City $14.25 per L.F. $ 4.75 per L.E. $ .75 per L.F. $504,235.15 141,146.413 /00i1Sb.e $403,089.12 ir4A /1. / James K. Lontos, P.E., Director Engineering & Physical Development Ordinance as follows: • 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, herein set against any such property and against the assessments the real and true owner or owners thereof, shall be, and the same are hereby declared to be increased or decreased as the case may be, in the proportion which said excess or deficiency or frontage shall bear to the whole number of front feet of property actually improved in accordance with the front foot rule or rate of assessment here- in adopted, it being the intention that such parcel of property and the real and true owner or owners thereof abutting on the portion of the streets above described, within the limits defined, shall pay for said improvements under the "FRONT FOOT RULE OR PLAN", which rule or plan is hereby found and determined to be just and equitable and to produce a substantial equality, having in view the special benefits to be received and the burdens imposed thereby; and it is further ordained that upon final completion and acceptance of said improvements on the aforesaid streets,within the limits defined all certificates hereinafter provided for, issued to evi- dence said assessments against said parcels of property abutting upon said street, and the real and true owner or owners thereof shall be issued in accordance with, and shall evidence the actual frontage of said property and the actual cost of said improvements, the amount named in said certificate in no case to exceed the amount herein assessed against such property unless such increase be caused by an excess of front footage over the amount hereinabove stated such actual cost and such actual number of front feet, if different from the hereinabove shown in Section 3 hereof, to be determined by the Director of Engineering & Physical Development upon comple- tion of said work on said street, and the findings of the Director 9 • of Engineering & Physical Development shall be final and binding upon all parties concerned. SECTION 5. That the several sums mentioned above in Section 3 hereof assessed against said parcels of property abutt- ing on the aforesaid streets, within the limits defined, and the real and true owners thereof, whether named or correctly named herein or not, subject to the provisions of Section 4 thereof, together with interest thereon at the rate of five and one- quarter (5 1/4%) per annum with reasonable attorney's fee and all costs and expenses of collection, if incurred, are hereby declared to be made a first and prior lien upon the respective parcels of property, against which same are assessed from and after the date said improvements were ordered by said City Council, to-wit: January 31 , 1979, 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 "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 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 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: January 31 , 1979 , 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 and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the 28th day of February , 19 79. ATTEST: C y Secretary MAYOR THE CITY APPROVED: .28th DAY OF February , 1922. J. BRUCE AYCOCR, CITY ATTORNEY RPUS CHRISTI, TEXAS Corpus Christi, Texas aY day of u , 19 77 70 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 THE CITY OF CO .40 R STI, 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 by Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt • Tony Juarez, Jr. Edward L. Sample he following vote: 40!. 1 , v 14795 •