HomeMy WebLinkAbout15386 ORD - 02/27/19801sp:2-26-80;1st
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AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH ISLES
CONSTRUCTION COMPANY FOR CONSTRUCTION OF THE SEGREST ADDITION
STREET IMPROVEMENTS; APPROPRIATING $1,510,000.00, OF WHICH
$259,951.43 IS OUT OF THE NO. 220 STREET BOND FUND AND
$1,250,048.57 IS OUT OF THE NO. 162 FEDERAL/STATES GRANT FUND,
ACTIVITY 4744, CODE 502, FIFTH YEAR COMMUNITY DEVELOPMENT
BLOCK GRANT, OF WHICH TOTAL AMOUNT $1,466,182.92 IS FOR THE.
CONSTRUCTION CONTRACT AND $43,817.08 I5 FOR ADDITIONAL ENGI-
NEERING, LABORATORY TESTING, INCIDENTAL AND RELATED EXPENSES
APPLICABLE TO PROJECT NO. 220-77-2.9, SEGREST ADDITION STREET
IMPROVEMENTS; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
Y
SECTION 1. That the City Manager be authorized to execute a contract
with Isles Construction Company for construction of the Segrest Addition Improve-
ments, all as is more fully described in the plans and specifications and
contract documents on file in the office of the City Secretary, all of which
are made a part hereof by reference and according to the bid.of Isles- Construc-
tion Company, opened on the 9th day of January, 1980, the said bid being the
lowest and most advantageous to the City of Corpus Christi.
SECTION 2. That there. is hereby appropriated $1,510,000 of which
$259,951.43 is out of -the No. 220 Street Bond Fund and $1,250,048.57 is out
of the No. 162 Federal/States Grant Fund, Activity 4744, Code 502, Fifth
Year Community Development Block Grant, of which total amount $1;466,182.92
is for the construction contract ana $43,817.08 is for additional engineering,
laboratory testing, incidental and related expenses applicable to Project
No. 220-77-2.9, Segrest Addition Street Improvements.
SECTION 3. The necessity to execute the aforesaid contract and
to appropriate the sums hereinabove set out at the earliest -practicable
date so that construction may commence, 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 but that such ordinance or resolution shall be read at three
15386
y Iill0k si
in the manner and according to the plans and specifications
heretofore approved and adopted by the City Council by ordi-
nance dated January 23 , 1V0 , 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 is 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.hy
law, did award a contract for the construction of said improve-
ments to their lowest and most advantageous bid and said contract
has been awarded to Isles Construction Company
as authorized by Ordinance No. , dated February 27 , 1980.
and the performance bond required by said contract has been pro-
perly furnished by said contractor and accepted by the said City
Council of said City as to form and amount as required by the
Charter of said City and the laws of the State of Texas; and
WHEREAS, the said City Council has caused the Director
of Engineering and Physical Development to prepare and file estimates
of the cost of such improvements and estimates of the amount per
front foot proposed to be assessed against the property abutting
upon a portion of the aforesaid streets within the limits herein
defined, to be improved, and the real and true owners thereof, and
said Director of Engineering & Physical Development has heretofore
filed said estimates and a statement of other matters relating
thereto with said City Council, and same has been received,
examined and approved by said City Council; and
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WHEREAS, said City Council, by duly enacted ordinance
dated January 23 , 1980, 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 23 ,
191a, did order and set a hearing to be held at 7:00 P.M. on
the 20th day of February ., 1980, at Travis Elementary School
in the City of Corpus Christi, Texas, for the real and true owners
of the property abutting upon said streets, within the limits above
defined, and for all others owning or claiming any interest in, or
otherwise interested --in said property, or any of said matters as
to the assessments and amounts to be assessed against each parcel
of abutting property and the real and true owner or owners thereof,
and as to the special benefits to accrue to said abutting property
by virtue of said improvements, if any, or concerning any error,
invalidity, irregularity or deficiency in any proceedings, or
contract, to appear and be heard in person or by counsel and offer
evidence in reference to. said matters; and the City Council did by
said ordinance order and direct the City to give notice of said
hearing to the owners abutting upon said streets as shown by the
current ad valorem tax roll by mailing such notice to such owners
and publishing said notice at least three times in the Corpus
Christi Times before the date of the hearing, such notice of mail
and by publication being in compliance with the provisions of
Article 1105b of Vernon's Annotated Civil Statutes of Texas; and
WHEREAS, such notice was given said owners of property
as shown on the current ad valorem tax roll within the limits of
the streets being improved by mailing such notice at least four-
teen (14) days prior to the hearing to such owners and by publish-
ing three times notice of such hearing in the Corpus Christi Times,
the first of which publication was at least twenty-one (21) days
3
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 20 , 1980, in Travis Elementary School
in the City of Corpus Christi, Texas, in accordance with said
ordinance and notice, at which time an opportunity was given to
all said abovementioned persons, firms, corporations and estates,
their agents and attorneys, to be heard and to offer evidence as
to all matters in accordance with said ordinance and notice, at
which time the following appeared and offered the following
testimony:
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1- i
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
SPECIAL COUNCIL MEETING
TRAVIS ELEMENTARY SCHOOL
FEB§UARY 20, 1980
7:00 P. M.
PRESENT:
Mayor Luther Jones
Council Members:
Dr. Jack Best
David Diaz
Cliff Zarsky
ABSENT:
Mayor Pro Tem Edward L. Sample
Jack K. Dumphy
Betty N. Turner
City Manager R. Marvin Townsend
Assistant City Attorney Jim Holtz
CitySecretaryBill G. Read
Mayor Luther Jones called the meeting to order and stated that the purpose
of the meeting is to conduct public hearings in connection with the Segrest Addition
Street improvement project.
City Secretary Bill G. Read called the roll of required Charter Officers and
verified that the necessary quorum was present to conduct a legally constituted
meeting.
Mayor Jones announced concurrent public hearings on the following matters:
a. Assessment Hearing on street improvements for the Segrest Addition Project
b. Closure of a number of alleys in the project area
City Manager R. Marvin Townsend explained that there are a number of legal
alleys that exist in the project area; they are not physically open on the ground;
there is a need to close the alleys; but the City must retain the easements for
utilities. Mr. Townsend then called upon Assistant City Attorney Jim Holtz to
conduct the public hearing on the preliminary assessments.
Assistant City Attorney Holtz Informed the Council that the hearing is
conducted as required by Article 1105 of the State Statutes and the purpose of
the hearing is to determine if the assessments levied will enhance the affected
property at least in the amount of the assessments. Mr. Holtz called as his first
witness, Mr. Gerald Smith.
Through questioning of the witness, Mr. Holtz ascertained that Mr. Smith
is a registered professional engineer in the $tate of Texas; he is the Chief Engi-
neer in the Department of Engineering and Physical Development for the City of
Corpus Christi; he has been employed by the City for 20 years; obtained his degree
nutes
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February 20, 1980
Page 2
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in Engineering from the University of Texas at Austin; and that he is thoroughly
familiar with the Segrest Addition Street improvement project and the area involved.
Chief Engineer Smith provided testimony in regard to this project and
located the area involved, noting that the streets to be Improved are as follows:
1. Francis, Brannan and Segrest from the Crosstown Expressway to South Port,
2. Headley and Heinley from the Crosstown to Morgan,
3. Niagara from Baldwin to 19th,
4. Cleo from Baldwin to Morgan, and
5. Crews from Francis to Morgan.
Mr. Smith also explained that a number of alleys in the project area are to
be closed and identified the location of the various alleys recommended for closure
by the City Staff, stating that the easements must be retained for utilities.
Chief Engineer Smith explained that this street improvement protect is a
1977 bond project and is partially funded from the fifth year Community Development
Fund. Mr. Smith also stated that this project was initiated through the Voluntary
Paving Program.
Mr. Smith continued his presentation by explaining the planned method of
constructionwhich will include the installation of storm sewers and curbs, gutters
and sidewalks on all of the streets. He stated that bids on the protect were
received on January 9, 1980 from five companies, and the low bidder was Isles
Construction Company which submitted a bid of $1,466,152.92; the total preliminary
assessments amounts to $262,392.88; and the City's portion is $1,203,760.04.
Chief Engineer Smith further informed the audience and the Council that the
contractor has 225 working days in which to complete the construction project, which
will require approximately 11 months. He stated that concrete driveways will be
constructed where driveways presently exist, but if a property owner has any ques-
tions or would like to change the location, Mr. Smith suggested that he contact a
member of the Engineering Department staff. He also assured the property owners
that every effort will be made to save as many trees as possible.
Mr. Smith explained that the assessments were computed based on the low
bid price and the City's assessment policies; the assessment roll consists of 308
items; and the assessments will not be due until after the project is completed.
He explained that the assessments may be paid in cash or in equal installments
over a five-year period at an interest rate of 5s%, stating futher that in hard-
ship cases, the period of time may be extended to 10 years.
(Minutes
Special Council Meeting
February 20, 1980
Page 3
Assistant City Attorney Holtz called as his next witness Mr. William J.
"Bill" Holly, Real Estate Broker.
Through questioning of Mr. Holly, Assistant City Attorney Holtz determined
that he is a qualified real estate appraiser and broker; that he has been practicing
this profession for 26 years; and that he has been appraising property in the City
of Corpus Christi and Nueces County for that period of time.
Mr. Holly also testified that he had examined each and every piece of pro-
perty associated with the Segrest Area Street improvement project and had ascertained
that there are only four triangular or odd -shaped pieces of property affected by
the assessments on which he recommended a reduction 'in the amount.
Mr. Holly stated that he recommended the following reductions on the pro-
perties listed below:
Item No. 59 S No. 193
Recommended reduction
item No. 110 - Owner:
Recommended reduction
Item No. 177 - Owner:
Recommended reduction
Item No. 178 - Owner:
Recommended reduction
- Owner: Norman G. Smith
$1,191.48
Rudolph G. Garza, et al
$ 252.37
Dom M. Val
$ 134.69
Phillips Marketing Prop.
$ 736.61
Mr. Holly stated that, in his opinion, all of the other properties will be
enhanced at least in the amount of the assessment.
Assistant City Attorney Holtz stated that this concluded the formal testi-
honey.
Mayor Jones called on members of the audience to speak in regard to the
assessments.
Mr. Harvey Grossman, owner of the properties listed as Items 163 and 108,
stated that these properties contain a four-plex fronting on Headley Street and ques-
tioned Mr. Holly as to the method of approach used in determining the increase in
value on his property.
Mr. Holly replied that Mr. Grossman's property was examined as of that
date, and in checking the tax rolls, he discovered that the property is valued at
$19,300, but in using the revenue approach, the value would be $26,600. Mr. Holly
explained that after examining the property again, he was of the opinion that Mr.
*inutes
Special Council Meeting
February 20, 1980
Page 4
Grossman's property would in fact be enhanced at least in the amount of the assess-
ment and would generate more income after the improvements are completed.
Mrs. Gertrude C. Null, 2513 Niagara, (Item 205) expressed concern in regard
to the proposed closure of the alley behind her residence, stating that she felt
that access might be difficult for fire trucks to reach her property if the alley
is closed.
Mr. Smith informed Mrs. Null that nearly all of the alleys scheduled to be
closed are actually not open on the ground, since they have either been fenced in
by adjacent property owners or grown up in weeds and are not used by vehicles.
Mrs. Null stated that the alley behind her house can be used by vehicles.
City Manager Townsend inquired of Mrs. Null as to whether or not she felt
that her neighbors whose property abuts the alley would prefer to have this alley
remain open.
Mayor Jones assured Mrs. Null that a member of the staff and one of the
Council Members will visit her at her residence to discuss this further with her.
City Manager Townsend pointed out thatif the alleys are closed, the land
would become a part of the adjoining property.
Mr. Bernard A. Rose, 2209 Cleo Street (item 57), asked if the City had
considered widening Cleo Street since it is a through street.
Mr. Smith replied that the portion of Cleo Street near Morgan Street will
be widened, but the remainder of the street will be 28 feet wide, which is the
usual width for residential streets all over the City.
Mr. Elieso R. Serna, 2121 Niagara (Item 229), expressed concern about the
sanitary sewer line being stopped up at his residence frequently.
City Manager Townsend stated that Mr. Serna's property is at the foremost
end of the line and the sewer line could be stopped up. He assured Mr. Serna that
this problem will be investigated.
Mr. Rose addressed the Council again and inquired if the residents in the
area would be able to drive to their property at night during construction.
Mr. Smith explained that the residents' driveways would be blocked during
the day, but other than the day the driveway is poured, they would be able to
reach their property at night.
•
1 notes
Special Council Meeting
February 20, 1980
Page 5
An unidentified gentleman asked how long the newly constructed streets will
last, and Mr. Smith explained that the contractor guarantees his construction work
for one year.
An unidentified lady requested an explanation of the method used to determine
the assessments, and City Manager Townsend replied that an Engineering staff member
went to each piece of property and measured it to ascertain Just how much the assess-
ments should be.
Another property owner inquired about the connercial truck traffic from South
Port Avenue using Francis Street and Crews Street as thoroughfares to reach Morgan
Avenue, and City Manager Townsend stated that heavy trucks are not supposed to use
the residential streets and the Traffic and Transit Department will be notified of
this problem.
An unidentified gentleman inquired about the City bus that goes down
Niagara Street and asked if this route will be continued during and after construc-
tion. He expressed the opinion that the area of the street on which the buses stop
will be morely quickly worn out than other areas of the street.
City Manager Townsend agreed that this could be a problem on that residen-
tial street and the possibility of reinforcing those areas would be investigated.
He also stated that the Transit Supervisor will be notified of the construction
schedule so that the buses can be rerouted during that period of time.
Mrs. Paulino Leija, 2405 Francis (Item 139), stated that the alley behind
her home is not scheduled to be closed and inquired if it should be. She also
stated that the houses on her block do not have driveways and asked if it would
be possible to construct driveways during this project.
Mr. Smith assured her that this possibility will be investigated.
Mrs. Leija also pointed out that there is almost no pedestrial traffic on
her street and questioned the need for sidewalks.
City Manager Townsend replied that the basic reason for the installation of
sidewalks is to provide access to individual property for people departing vehicles.
Mayor Jones also pointed out that sidewalks improve the value of property.
Mr. Serna, 2121 Niagara, spoke again and asked if the sewer tap presently
located at the back of his property could be relocated. City Manager Townsend
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February 20, 1980
Page 6
•
replied that the Wastewater Services Division w111 be contacted on the feasibility
of relocating the sewer tap to the front of the property.
Mr. R. G. Perez, 2630 Segrest (Item 306), stated that he also has a problem
with sewer service in his neighborhood, and Mayor Jones stated that he and a staff
member will visit Mr. Perez to discuss this problem with him.
Mr. Grossman spoke again and stated that he wants to formally object to the
amount of the assessment levied against his property at the corner of Headley and
Crews Streets. He stated that he does not feel that the value of this property
will be enhanced by the amount of the assessments. He explained that he receives
very little profit from the rental of these apartments, and if he has to pay the
assessment as listed, he will certainly not make any profit. Mr. Grossman requested
that he be considered a hardship case and that his payments be extended over a ten-
year period.
Mayor Jones asked Mr. Grossman to provide his comments in regard to this
matter in writing addressed to the Mayor and Council.
City Manager Townsend explained that the City usually considers hardship
cases to be applied to citizens who are on a fixed income and have difficulty in
paying their assessments.
An unidentified gentleman asked if their tax valuation will be increased
as a result of these improvements. Mayor Jones replied that the true value of a
piece of property is increased if it is improved.
City Manager Townsend stated that he would like to elaborate on this and
assured the gentleman that the only way his taxes would be increased is if the
residences in his neighborhood are increased in value through sale prices greater
than the value nowshownon the houses.
An unidentified lady who resides on Cleo Street between Headley and Heinley
Streets stated that her property is zoned for apartments, but there is only a resi-
dential structure located there. She inquired if her property could be assessed
at the residential rate rather than apartment rates, and Mr. James K. Lontos,
Director of Eng.Ineering and Physical Development, assured her that any property
owners who wished to have their property down zoned could do so by contacting one
of the Engineering staff members. Mr. Lontos explained that the City will initiate
Minutes
Special Council Meeting
February 20, 1980
Page 7
such zoning requests.
Mayor Jones then introduced the Council Members who were present for the
hearing.
There being no further business to come before the Council during this.
special meeting, on motion by Diaz, seconded by Zarsky and passed unanimously, the
meeting was adjourned and the hearing closed at 8:25 p.m.
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 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
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
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
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 23 , 1980, 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 23 . 193E•
and shall provide in effect that if default shall be made in the
payment thereof, the same may be enforced, at the option o£ the
City, or their successors and assigns, by the sale of the pro-
perty therein described in the manner provided for the collection
of ad valorem taxes as above recited, or by suit in any Court
having jurisdiction.
That said certificates shall further recite in effect that
all the proceedings with reference to making said improvements
have been regularly had in compliance with the law and Charter in
force in said City and the proceedings of said City Council of said
City, and that all prerequisites to the fixing of the assessment
lien against the property therein described, or attempted to be
described, and the personal liability of the real and true owner
or owners thereof, evidence by such certificates, have been regular-
ly done and performed, which 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 27th
day of February
ATTEST:
, 19 80 .
APPROVED:
27th DAY OF February , 1980:
J. BRUCE AYCOCg, CITY ATTORNEY
THE OF CORPUS CHRISTI, TEXAS
several meetings of the City Council, and the Mayor having declared that
such emergency and necessity exist, and having requested the suspension
of the Charter rule and that this ordinance be passed finally on the date
of its introduction and takeeffect and be'in full force and effect from
and after its passage, IT IS ACCORDINGL.Y.SO ORDAINED, this the Z-7 day
of February, 1980.
ATTEST:
Cit Secretary
APPROVED: 77 DAY OF FEBRUARY, 1980:
J. BRUCE AYCOCK, CITY ATTORNEY
By
iwv 4
Assistant //Attorney
OF CORPUS CHRISTI, TEXAS
CITY OF CORPUS CHRISTI, TEXAS
CERTIFICATION OF FUNDS
(City Charter Article IV Section 21)
February 22, 1980
I certify to the City Council that $ 1,250,048.57 , the amount required
for the contract, agreement, obligation or expenditures contemplated in the
above and foregoing ordinance is in the Treasury of the City of Corpus Christi
to the credit of:
Fund No. and Name No. 162 Federal/States Grant Fund
Project No. Activity 474+, Code 502
Project Name Segrest Addition Street Improvements
from which it is proposed to be drawn, and such money is not appropriated for
any other purpose.
iga. % , 19
ydFIN 2-55
''asc ,9`� Revised 7/31/69
d�72J
07
CITY OF CORPUS CHRISTI, TEXAS
CERTIFICATION OF FUNS
(City Charter Article IV Section 21)
February 22, 1980
I certify to the City Council that $ 259,951.43 , the amount required
for the contract, agreement, obligation or expenditures contemplated in the
above and foregoing ordinance is in the Treasury of the City of Corpus Christi
to the credit of:
No. 220 Street Bond Fund
Fund No. and Name
Project No. 220-77-2.9
Project Name Segrest Addition Street Improvements
from which it is proposed to be drawn, and such money is not appropriated for
any other purpose. •
FIN 2-55
Revised 7/31/69
O "x 217 , 198D
441.47414". r on cece
Corpus Christi, exas
2..17 day of �yu , 19/19
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,
Art
HE CrOF CORPUS CHRISTI, TEXAS
The Charter rule was suspended by the following vote:
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
The above ordinance was pass -d by the following vote:
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
15386