HomeMy WebLinkAbout14919 ORD - 05/23/1979Sk52279;1st
AN ORDINANCE
CLOSING THE HEARING ON STREET IMPROVEMENTS FOR THE
FOLLOWING STREETS:
Betel Street, from Burnet Street to Crosstown
Expressway,
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 18th _day of
April , 1979, determined the necessity for, and ordered the
Improvement of the following streets:
Betel Street, from Burnet Street to the Crosstown Expressway
in the manner and according to the plans and specifications
heretofore approved and adopted by the City Council by ordi-
nance dated April 18 , 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
1.4919
MICROFILMED
'AUL 0SIVO
•
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 M &M Construction Company
as authorized by Ordinance No.
14289 , dated April 28 , 19 78,
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
WHEREAS, said City Council, by duly enacted ordinance
dated April 18 , 1979, 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 April 18
1979, did order and set a hearing to be held at 3:00 P.M. on
the 16th day of MaY , 1979, at City Hall, in the Council Chambers
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
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•
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
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 May16 , 19 79, in City Hall, in the Council Chambers,
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:
nutes
Regular Council Meeting
May 16, 1979
Page 11
le that the City Manager's Reports, Items "a" thru "o," be
accepted; seconded by Turner; and passed unanimou
•
* * * * * * * * * * * *
City Manager Townsend announced the scheduled public hearing on the follow-
ing matter:
Assessment roll for improvements to Betel Street from Burnett Street to the
Crosstown Expressway. The improvements are included in Change Order No. 4 to
the Lozano School Area Street Improvements contract with M & M Construction
Company. The amount of the Change Order is $32,822. The preliminary assessment
roll totals $12,321.10 and includes 24 items. Betel Street was inadvertently
omitted from the original contract for the Lozano School Area Streets.
City Manager Townsend stated that all of the property owners involved with
this street improvement project have signed the petition requesting the improvements,
with the exception of one owner who resides in Milwaukee, Wisconsin. He suggested
that it might be appropriate to determine if anyone present in the audience desires
to speak in regard to the assessments and if not, the hearing can be shortened.
Mayor Jones ascertained that no one in the audience was present to speak
on this matter.
City Manager Townsend explained that the public hearing is required by
State statutes and requested that City Attorney J. Bruce Aycock conduct the public
hearing to establish testimony in regard to the preliminary assessments.
City Attorney Aycock informed the Council that this assessment hearing is
required by State statutes to develop facts in order for the Council to make a
judgment as to whether or not the proposed improvements will enhance the value of
the abutting property at least in an amount equal to the assessments. Mr. Aycock
called as his first witness, Mr. James K. Lontos.
Through questioning of Mr. Lontos, City Attorney Aycock ascertained that
he is a registered Professional Engineer and Real Estate Appraiser in the State of
Texas, that he has been employed by the City of Corpus Christi in his present posi-
tion of Director of Engineering and Physical Development for over five years, and
that he is familiar with the project under discussion. Mr. Aycock then requested
that Mr. Lontos explain the Betel Street improvement protect.
Mr. Lontos located Betel Street on the map and explained that this street
was inadvertently omitted from the Lozano School Area Street improvement project;
the Council approved the change order to add this street to the project; and all
�• nu
tes
Regular Council Meeting
May 16, 1979
Page 12
of the property owners have been contacted and have agreed to their assessments.
He stated that the protect will be increased in the amount of $33,000; the total
preliminary assessments are $12,500.02; and the City's portion is $20,499.98. Mr.
Lontos explained that all of the property involved is residential, and the maximum
rates as established by the City Council are $4.75 per linear foot for curb, gutter
and pavement, and $0.75 per square foot for sidewalks.
City Attorney Aycock inquired if these estimates of the cost of the street
improvements were made before any work was done on the street and before this hear-
ing commenced. Mr. Lontos verified that this was true and testified that he had
examined each and every parcel included in the Betel Street project and had
determined that there were no odd -shaped lots. Mr. Lontos also testified that, in
his opinion, every parcel of land abutting this street would be improved at least
in the amount of the assessment.
Council Member Zarsky inquired if the work on this street would be done
by the same contractor who is performing the work in the Lozano School Area project,
and Mr. Lontos stated that M & M Construction Company would also construct the Betel
Street improvements.
No one spoke in regard to this matter.
Motion by Diaz that the hearing be closed, seconded by Sample, and passed
unanimously.
* * * * * * * * * * * *
•
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
-4-
proceedings and contracts were proper and in accordance with
the Charter of said City and the laws of the State of Texas,
under which those proceedings were being had, and the pro-
ceedings of said City Council heretofore had with reference to
such improvements, and in all respects to be valid and regular;
and said City Council did further find upon said evidence that
the assessments hereinbelow made and the charges hereby declared
against said abutting property on the portions of the streets
hereinabove described, within the limits defined, and the real
and true owner or owners thereof, are just and equitable and did
adopt the rule of apportionment set out below and the division of
the cost of said improvements between said abutting properties,
and the real and true owner or owners thereof, as just and equit-
able, and as producing substantial equality considering the bene-
fits to be received and the burdens imposed thereby, and that all
objections and protests should be overruled and denied except the
corrections and changes as appear on the final assessment roll
included in this ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CORPUS CHRISTI, TEXAS;
SECTION 1. That there being no further protest or testi-
mony for or against said improvements, said hearing granted to the
real and true owners of abutting property on said streets, within
the limits above defined, and to all persons, firms, corporations
and estates, owning or claiming same or any interest therein, be
and the same is hereby closed and all protests and objections,
whether specifically mentioned or not, shall be, and the same are
hereby overruled and denied.
SECTION 2. That said City Council hereby finds and
determines upon the evidence heard in reference to each and every
parcel or property abutting upon the aforesaid streets, within the
-5-
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 constructionofsaid 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
-6-
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:
-7-
• •
PRELIMINARY ASSESSMENT ROLL
Betel Street from Burnet Street to Crosstown Expressway.
This project includes construction of street improvements to the above named street
within the limits described. The improvements consist of excavation to a width and
depth to provide for the laying of a standard curb and gutter section, 6" compacted.
eubgrade, 8" compacted caliche base and 1" Type "D" Rot -Mix Asphaltic pavement. The
street will be 28' wide on the existing 50' right-of-way. There will be 4' wide
reinforced sidewalks and 6" thick reinforced driveways as shown on the construction
plans or where requested by the owner.
The assessment rates have been calculated in accordance with the current paving
policy adoped by the City. Based on the lowest bid price submitted by M & M
Construction for the Lozano School Area street improvements of which Betel Street
is a part, the assessment rates are as follows:
28' Wide Street, Back of Curb
4" Curb, Gutter, & Pavement
6" Curb, Gutter, & Pavement
Sidewalk
Driveway
$8.29 per L.F.
$8.61 per L.F.
$1.04 per S.F.
$1.97 per S.F.
All properties, one and two family use, churches and schools have been assessed
at the maximum rate established by the City Council as:
Curb, Gutter & Pavement
$4.75 per L.F.
Sidewalk $ .75 per S.F.
JKL/d1
Total Contract Price by Change Order
Total Preliminary Assessment
Total City Portion
$33,000.00
12,500.02
$20,499.98
James E. Lo os, P.E., Director
Engineering & Physical Development
Page
ITEM
NO.
OWNER AND
PROPERTY DESCRIPTION
QUANTITY
ASSESSED
DESCRIPTION
OF
ASSESSMENT
RATE
AMOUNT
TOTAL
AMOUNT
ASSESSED
LOZANO SCHOOL
AREA
ADDITIONAL
STREET
BETEL STREET
Bur
let to CrossTown
Expressway
North S=de
299
Susie Arsuaga
* 56.00 L.F.
C.G.& PVMT.
4.75
266.00
1805 Lipan 78408
240.00 S.F.
S/W
.75
180.00
Lot 1, Block 13
-0- S.F.
D/W
.00
-0-
Temple Addition
R -1B
446.00
* Cr. 4 ft. RNT from Burnet
300
Olivia Ruiz Rodriguez
52.00 L.F.
C.G.& PVMT.
4.75
247.00
3829 Betel ,28416
208.00 S.F.
S/W
.75
156.00
Lot 2. Block.,13
73.30 S.F.
D/W 1-10
1.97
144.41
Temple Addition
R -1B
547.41
301
Florentino G. Castillo
52.00 L.F.
C.G.& PVMT.
4.75
247.00
3825 Betel 78416
208.00 S.F.
S/W
.75
156.00
Lot 3, Block 13
73.30 S.F.
�/W 1-10
1.97
144.41
Temple Addition
R -1B
547.41
302
Milton Villegas
52.00 L.F.
C.C.& PVMT.
4.75
247.00
3821 Betel 78416
208.00 S.F.
S/W
.75
156.00
Lot 4, Block 13
73.30 S.F.
D/W 1-10
1.97
144.41
Temple Addition
R -1B
547.41
303
Abel H. Moreno
52.00 L.F.
C.G.& PVMT.
4.75
247.00
3809 Betel 78416
208.00 S.F.
S/W
.75
156.00
Lot 5, Block 13
73.30 S.F.
D/W 1-10
1.97
144.41
Temple Addition
1
R -1B
547.41
Page
ITEM
NO.
OWNER AND
PROPERTY DESCRIPTION
QUANTITY
ASSESSED
DESCRIPTION
OF
ASSESSMENT
RATE
AMOUNT
TOTAL
AMOUNT
ASSESSED
304
Manuel H. Garcia
52.00 L.F.
C.G.& PVMT.
4.75
247.00
3813 Betel 78416
208.00 S.F.
S/W
.75
156.00
Lot 6, Block 13
73.30 S.F.
D/W 1-10
1.97
144.41
Temple Addition
R -1B
547.41
305
Jesus B. Aguilar
52.00 L.F.
C.G.& PVMT.
4.75
247.00
3809 Betel 78416
208.00 S.F.
S/W
.75
156.00
Lot 7, Block 13
73.30 S.F.
D/W 1-10.
1.97
144.41
•
Temple Addition
R -1B
547.41
306
Herman Renaud
53.00 L.F.
C.G.& PVMT.
4.75
251.75
429 W. Armour Ave.
212.00 S.F.
S/W
.75
159.00
Milwaukee, Wis. 53207
73.30 S.F.
D/W 1-10
1.97
144.41
Lot 8, Block 13
Temple Addition
555.16
R -1B
(F)307
Juan L. Flores
* 50.00 L.F.
C.G.& PVMT.
4.75
237.50
(S)263
3801 Betel 78416
240.00 S.F.
S/W
.75
180.00
Lot 9, Block 13
-0- S.F.
D/W
.00
-0-
Temple Addition
R -1B
417.50
* Cr. 10' RTN from Tasco St
TASCO STREET
INTERSECTION
(F)308
Ubaldo Cruz
* 47.00 L.F.
C.G.& PVMT.
4.75
223.25
3745 Betel 78416
228.00 S.F.
S/W
.75
171.00
Lot 1, Block 4
-0- S.F.
D/W
.00
-0-
Temple Addition
R -1B
394.25
* Cr. 10' RTN from Tasco St
309
Adelina Duque
50.00 L.F.
C.G.& PVMT.
4.75
237.50
3741 Betel 78416
200.00 S.F.
S/W
.75
150.00
Lot 2, Block 4
73.30 S.F.
D/W 1-10
1.97
144.41
Temple Addition
R -1B
531.91
Page
-115-
ITEM
NO.
OWNER AND
PROPERTY DESCRIPTION
•
QUANTITY
ASSESSED
DESCRIPTION
OF
ASSESSMENT
RATE
AMOUNT
TOTAL
AMOUNT
ASSESSED
310
Gilberto R. Plata
50.00 L.F.
C.G.E. PVMT.
4.75
237.50
3737 Betel 78416
200.00 S.F.
S/W
.75
150.00
Lot 3, Block 4
73.30 S.F.
D/W 1-10
1.97
144.41
Temple Addition
R -1B
531.91
311
0. Balderas
* 05.00 L.F.
C.G.& PVMT.
4.75
23.75
3733 Betel 78416
* 28.00 S.F.
S/W
.75
21.00
Lot 4, Block 4
-0- S.F.
D/W
.00
-0-
Temple Addition
R -1B
44.75
* Cr. Exst. Impvts.
CROSSTOWN EXPRESSWAY
END BETEL
STREET
NORTH SDE
BETEL STLEET
BURNET
STREET TO CROSSTOWN
EXPRESSWAY
SOUTH SJ
DE
312
Jovita Y. Capetillo
* 56.00 L.F.
C.G.& PVMT.
4.75
266.00
3834 Betel 78416
240.00 S.F.
S/W
.75
180.00
Lot 18, Block 14
73.30 S.F.
D/W 1-10
1.97
144.41
Temple Addition
R -1B
590.41
* Cr. 4' RTN from Burnet St
313
Osvaldo Garcia
52.00 L.F.
C.G.& PVNT.
4.75
247.00
9665 Paula 78410
208.00 S.F.
S/W
.75
156.00
Lot 17, Block 14
73.30 S.F.
D/W 1-10
1.97
144.41
Temple Addition
R -1B
547.41
314
Mary Corona Vasquez
52.00 L.F.
C.G.& PVMT.
4.75
237.00
713 10th Street 78401
208.00 S.F.
S/W
.75
156.00
Lot 16, Block 14
73.30 S.F.
D/W 1-10
1.97
144.41
Temple Addition
R -1B
547.41
Page
4
•
ITEM
NO.
OWNER AND
PROPERTY DESCRIPTION
QUANTITY DESCRIPTION
ASSESSED OF
ASSESSMENT
RATE
AMOUNT
TOTAL
AMOUNT
ASSESSED
315 Abel V. Gonzalez
3822 Betel 78416
Lot 15, Block 14
Temple Addition
R -1B
316 Jose A. Morales
3818 Betel 78416
Lot 14, Block 14
Temple Addition.
R -1B
317 Rodolfo Soliz
3814 Betel 78416
Lot 13, Block 14
Temple Addition
R -1B
318 R. & R. Carbajal
C/o Sonia Chapa
3802 Betel 78416
Lot 12, Block 14
Temple Addition
R -1B
319 Jessie Rivera
3806 Betel 78416
Lot 11, Block 14
Temple Addition
R -1B
(F)320 Mrs. Robert Jimenez
(S)264 519 Adam Street
San Antonio, TX 78210
Lot 10, Block 14
Temple Addition
R -1B
Cr. 10' RTN from Tasco
52.00 L.F. C.G.& PVMT.
208.00 S.F. S/W
73.30 S.F. D/W 1-10
52.00 L.F. C.G.& PVMT.
208.00 S.F. S/W
73.30 S.F. D/W 1-10
52.00 L.F. :.G.& PVMT.
208.00 S.F. S/W
70.38 S.F. )/W 1-10B
52.00 L.F. C.G.& PVMT.
208.00 S.F. S/W
70.38 S.F. )/W 1-10B
53.00 L.F. :.G.& PVMT.
212.00 S.F. 3/W
73.30 S.F. )/W 1-10
* 50.00 7..F. C.G.& PVMT.
240.00 S.F. S/W
-0- S.F. D/W
TASCO STREET INTERSECTION
4.75
.75
1.97
• 4.75
.75
1.97
247.00
156.00
144.41
247.00
156.00
144.41
4.75 247.00
.75 156.00
1.97 138.65
4.75 247.00
.75 156.00
1.97 138.65
4.75
.75
1.97
4.75
.75
.00
251.75
159.00
144.41
237.50
180.00
-0-
547.41
547.41
541.65
541.65
555.16
417.50
Page
ITEM
NO.
OWNER AND
PROPERTY DESCRIPTION
QUANTITY
ASSESSED
DESCRIPTION
OF
ASSESSMENT
RATE
AMOUNT
TOTAL
AMOUNT
ASSESSED
(F)321
Pedro P. Trujillo
* 47.00 L.F.
C.G.& PVMT.
4.75
223.25
3746 Betel 78416
228.00 S.F.
S/W
.75
171.00
-
Lot 24, Block 3
-0- S.F.
D/W
.00
-0-
Temple Addition
•
R -1B
394.25
* Cr. 10' RTN from Tasco
322
Mary Alice Silvas
50.00 L.F.
C.G.& PVMT.
4.75
237.50
1034 Meadowbrook 78412
200.00 S.F.
S/W
.75
150.00
Lot 23, Block 3
73.30 S.F.
D/W 1-10
1.97
144.41
Temple Addition
R -1B
531.91
323
Raul R. Pena
50.00 L.F.
C.G.& PVMT.
4.75
237.50
3738 Betel 78416.
200.00 S.F.
S/W
.75
150.00
Lot 22, Block 3
73.30 S.F.
D/W 1-10
1.97
144.41
Temple Addition
R -1B
531.91
CROSSTOWN EXPRESSWAY
END BETEL STREET
SOUTH SJIE
TOTAL ASSESSMENT
$12,500.02
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
-8-
of Engineering & Physical Development shall be final and binding
upon all parties
SECTION
Section 3 hereof
concerned.
5. That the several sums mentioned above in
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:
April 18 , 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
-9-
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
-10-
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: , 19,
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.
-11-
•
•
That said certificates shall further provide in effect
that the City of Corpus Christi, Texas, shall exercise all of
its lawful powers, in the
and said certificates may
pertinent and appropriate
enforcement
and collection thereof,
contain other and further
thereto.
that said certificates shall be
forth, but the substance and
SECTION 7. That all
personal liability and charge
recitals,
It shall not be necessary
in the exact form as above set
effect thereof shall suffice.
such assessments levied are a
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
-12-
•
thereof, and with the terms,
106 of the Acts of the First
of the State of Texas, known
Civil Statutes
of Texas
and
powers and provisions
Called Session of the
•
of said Chapter,
40th Legislature
as Article 1105b of Vernon's
Charter of the City of Corpus
Annotated
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 2.7411Y
day of May
ATTEST:
40i Seetary MAYO
, 19 79 .
APPROVED:
23rd DAY OF May , 19 79
J. BRUCE AYCOCK, CITY ATTORNEY
By
Assistant Cttorney
THE
OF CORPUS CHRISTI, TEXAS
Corpus Christi, Texas
23 day of
g/7___•
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 Charter rule was suspen
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
A y
OF CORPUS CHRISTI, TEXAS
by the following vote:
The above ordinance was passe• by the following vote:
Luther Jones / .
Edward L. Sample 401.
Dr. Jack Best 1
David Diaz
Jack K. Dumphy
Betty N. Turner AO!, ,
Cliff Zarsky �r
14919