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HomeMy WebLinkAbout15839 ORD - 10/22/1980• AN ORDINANCE , - CLOSING THE HEARING ON STREET IMPROVEMENTS FOR THE FOLLOWING STREETS: Cabaniss Acres Area, 1. Joyce and Frederick Drives and Carolyn Street, from Ayers Street to Martin Street, 2. Wood Street, from the south end to Joyce Drive, 3. Martin Street, from Dorado Street to Holly Road, 4. Dorado Street, from Martin Street to Hacala Street, 5. Hacala Street, from Dorado Street to Frio Street, and ,6. Frio Street, from Hacala Street to Station 16+25. 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 AN 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 100 day of September , 1980 , determined the necessity for, and ordered the improvement of the following streets: - • Cabaniss Acres Area 1. Joyce and Frederick Drives and Carolyn Street, from Ayers Street to Martin Street, 2. Wood Street, from the south end to Joyce Drive, 3. Martin Street, from Dorado Street to Holly Road, 4. Dorado Street, from Martin Street to Hacala Street, 5. Hacala Street, from Dorado Street to Frio Street, and 6: Frio Street, from Hacala Street to Station 16+25. MLCLMED 15839 SIP 2719843 • F in the manner and according to the plans and specifications heretofore approved and adopted by the City Council by ordinance dated September00, 1980, 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 improvements to their lowest and most advantageous bid and said contract has been awarded to W. T. Young Cnnstrurtinn Company , as authorized by Ordinance No. , dated October 22 , 19 8Q and the performance bond required by said contract has been properly furnished by said contractor and ac- cepted 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 pro- posed 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 September 10 , 1980 did determine the necessityof levying e vying an assessment for that portion of the cost of constructing said improvements on the above named streets, within the limits herein defined, to be paid by the abutting 2 property and the real and true owners thereof, and by ordinance dated September 10 , 1980, did order and set a hearing to be held at 7:00 P.M. on the 15th day of October , 1980, at Los Encinos Elem. 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 con- cerning any error, invalidity, irregularity or deficiency in any proceed- ings, or contract, to appear and be heard in person or by counsel and offer evidence in reference to said matter; 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 fourteen (14) days prior to the hearing to such owners and by publishing 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 October 15 , 1980, in the Los Encinos Elementary School Cafeteria, in the City of Corpus Christi, Texas, in accordance with said ordinance and notice, at which time 3 an opportunity was given to all said abovementioned persons, firms, corpo- rations 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 MINUTES CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING LOS ENCINOS ELEMENTARY SCHOOL CAFETERIA 1826 FRIG OCTOBER 15, 1980 7:00 P.M. • PRESENT: Mayor Luther Jones Council Members Dr. Jack Best Betty N. Turner Cliff Zarsky ABSENT: Mayor Pro Tem Edward L. Sample Council Member David Diaz Council Member Jack K. Dumphy City Manager R. Marvin Townsend , Asst. City Attorney Bob Coffin City Secretary Bill G. Read Mayor Luther Jones called the meeting to order in the Los Encinds Elementary School Cafeteria and introduced the Council Members who were present. 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 stated that the purpose of the meeting was to conduct a public hearing on the preliminary assessments for Cabaniss Acres Area Street and Drainage Improvements and to conduct a hearing on the closing of Wood Street from Joyce Street to Holly Road. Mayor Jones called on Mrs. Herminia Pena to make a statement since she was the citizen who was instrumental in starting this project through the circulation of voluntary paving petitions. Mrs. Pena explained that she began working on this project primarily for the children in the area and several residents of the neighborhood worked to obtain signatures on the petitions for street improvements. City Manager R. Marvin Townsend informed the audience that Assistant City Attorney Bob Coffin would take care of the formalities of the hearing. He explained that the City must set forth the information on the engineering of the project and establish the value of the enhancement of the property involved. Assistant City Attorney Coffin stated that the City will present engineer- ing testimony and evaluation testimony from two witnesses, Mr. Gerald Smith and Minutes Special Council Meeting October 15, 1980 Page 2 Mr. Bill Holly. Mr. Cof in explained that this is to enable the Council to form the basis for either approving the assessment roll which is based on an estimate of the cost of improvemerllts or not. Mr. Coffin called as his first witness, Mr. Gerald Smith, and questioned him as to his qualifications to provide testimony. Through questioning of this witness, he ascertained hat Mr. Smith is a registered professional engineer in the State of Texas; that he is the Chief Engineer for the City of Corpus Christi in the Department of Engineering and Physical Development; that he has a degree in civil engineering from the University of Texas at Austin; and that he has been employed by the City for 21 years. Chief Engineer Smith testified that he is thoroughly familiar with this project and located the following streets to be improved in the Cabaniss Acres area: (1) Joyce and FreJerick Drives and Carolyn Street, from Ayers Street to Martin Street; (2) Wood S reet, from the south end to Joyce Drive; (3) Martin Street, from Dorado Stree to Holly Road; (4) Dorado Street, from Martin Street to Hacala Street; (5) Hac la Street, from Dorado Street to Frio Street; and (6) Frio Street, from Hacala Street to Station 16+25. Mr. Smith contined his testimony by informing the Council that this area is primarily residential but contains some industrial and commercial uses, as well as some apartments. Chief Engineer Sm to discuss the closing of ith stated that during this public hearing, they plan Wood Street between Joyce Street and Holly Road. Mr. Smith noted that Martin Street is not open at this time and the construction plans propose that this street be opened. Mr. Smith explained the method of construction for this project, stating that the streets will be constructed by excavation to a width and depth to permit the laying of a standard curb and gutter section, 6" compacted subgrade, 8" com- pacted caliche base and 1 " or 2" Type "D" hot asphaltic pavement; the streets will be 28', 38' or 40' wide within the existing right-of-way; and 4' or 5' wide reinforced concrete sidewalks 4" thick and 6" thick reinforced driveways are included in the plans or Jhere requested by property owners. iinutes Special Council Meeting October 15, 1980 Page 3 Chief Engineer stated that the low bidder on this project was W. T. Young Construction•in the amount of $1,490,540.26; the preliminary assessment roll totals $325,856.05 and includes 173 items; and the City's portion of the project will be $1,164,684.21. Mr. Smith also noted that a portion of Lacada Street and Dorado Street were deleted from the project because of their present good condition, but they will have an asphalt overlay and sidewalks will be constructed on these streets. He further explained the reason for closing Wood Street which is currently open on the ground, stating that there is an awkward crossing at the railroad track at Holly Road; the City plans to close that portion of Wood Street; and Martin Street will be opened and the railroad track will be lowered at the Holly Road crossing. Mr. Smith stated that this is in accordance with the Master Street Plan; Martin Street will be a wider collector street through this area and an improved intersection will be the result. Mr. Smith informed the Council that the assessment roll was prepared in accordance with the current assessment ordinance and is correct if the Council agrees to the removal of Lacada and Dorado Streets from this project. Assistant City Attorney Coffin then asked Mr. Smith to provide an explana- tion of the payment of the assessments. ' Chief Engineer Smith explained the assessment rates as compared to the bid price and stated that the assessment rate for residential, schools and churches is $4.75 per linear foot for curb, gutter and pavement; $.75 per square foot for sidewalks; and $2.98 per square foot for driveways. He stated that the amount of the assessment will not be due until 30 days after completion of the project, but there are several options for methods of payment -; cash payment, or monthly payments over a five-year period at 5/% interest rate, or In case of hardship, the length of time may be extended beyond the five-year period. Assistant City Attorney Coffin called as his next witness Mr. W. A. "Bill" Holly and ascertained through questioning that Mr. Holly is'a licensed real estate broker and appraiser, licensed by the State of Texas, and he has appraised real estate for 28 years in Nueces County. Mr. Holly also testified that he has per- formed this type of appraisal work for the City of Corpus Christi for five years Minutes Special Council Meeting October 15, 1980 Page 4 and that he ,is thorough project. y familiar with the Cabaniss Acres Area street improvement Mr. Holly further testified that in appraising the property included in the project, he used al City map books and made a physical on-site survey of every piece of property in the project. He stated that in his examination of the property, he found rjo odd -shaped or irregular-shaped pieces of property and that he recommends no adjustments on any of the items included in the assessment roll. Mr. Holly stated that, in his opinion, each and every piece of property will be enhanced at least in the amount of the assessment. Assistant City Attorney Coffin stated that this concluded the City's formal portion of the heLring. Mayor Jones then called for comments from the audience. Mr. Chetty Crocker, representing Joe Crocker Van and Storage Company, objected to the charge for his property of $19.50 per linear foot of curb, gutter and pavement, which he felt was excessive. Mr. Crocker contended the improvements are not needed for his ptoperty; his family's business has suffered financial reverses; the charges for assessments are unfair and unreasonable; and they cannot afford them. He also me tioned the lack of fire and police protection provided for their vans and storaje building. He informed the Council that his family is no longer in the moving business and are attempting to start an industrial sub- division. Chief Engineer Smith located the Crocker property, which includes two parcels, on the map and stated that the total assessment for this property is approximately $41,000. MI Smith noted that the assessments for this property include improvements to WJod Street, and if the Council agrees to close this street, Mr. Crocker's assessment will be reduced to about $30,000. City Manager Townlend pointed out that Mr. Crocker's property is zoned "1-2" and that is the reason the assessment is much higher than that for resi- dential property. City Manager Town end explained that the Council policy in regard to voluntary paving petition] is that if the owners of 50% of the property involved, or 50% of the• property ow ers, request the street improvements, those streets are included in a bond projec , and this is what has occurred on this project. Minutes Special Council Meeting October 15, 1980 Page 5 Council Member Turner inquired if the sidewalks on the Crocker side of the streets involved could be eliminated from the project, and City Manager Townsend replied that any amount of the improvements can be eliminated, but since it is a Community Development project, any change in the scope of the project needs to be carefully examined. Mr. Crocker reiterated that he does not feel that the pavement near his property needs to be improved; they do not need sidewalks; and the only improve- ments that would enhance his property are the driveways. Mayor Jones explained that this is not a new program in Corpus Christi since it has been continuing for a number of years, and the purposeof the street improvement projects is to upgrade existing neighborhoods. Mr. Pena addressed the Council and stated that although he sympathizes with Mr. Crocker, this neighborhood needs to be upgraded and the other residents of the area need street improvements, sidewalks, etc. Mr. Guillermo A. Buitron, 2215 Joyce Street, agreed that they need to improve their community but questioned Mr. Smith about the reason for closing Wood Street since this street is frequently used to gain access to Holly Road. Mr. Smith explained that Martin Street is located about one-half way between Holly and Ayers Streets and the Street Master Plan envisions it as a collector street. He further explained that another reason they recommend the closing of Wood Street is because of the unsafe crossing over the railroad track at the intersection of Wood and Holly, and the railroad crossing on Martin Street will be improved to provide a safe intersection. Mr. Smith then introduced Mr. Howard Darnell, representative of the Texas - Mexican Railroad, who was present to answer any questions. , Mr. Buitron noted that he felt that the neighbors in the area would be opposed to the closing of Wood Street because it is used to transport children to the neighborhood school. An unidentified gentleman in the audience inquired as to who would receive the property available after the street is closed, and Mr. Smith replied that when a street is closed, the abutting property owners receive the property, which in this case would be the Crocker family. Minutes Special Council Meeting October 15, 1980 Page 6 Mr. Ernest Pena contains apartments and some of the property to rates. 2313 Carolyn Street, stated that one-half of that street inquired about the possibility of changing the zoning on single-family zoning in order to reduce the assessment City Manager Tovjnsend explained that any property owner can request that the City initiate the procedure to reduce zoning on residential use property to "R -1B" but that this ca not be accomplished if the property is being utilized for apartments or duplexes. Mr. Frank Moreida, 2001 Joyce Street, inquired about the zoning in the La Joya Subdivision, and Mr. Smith replied that the planned use for that subdivi- sion is primarily for single-family residential use. Mrs.'Ernestina C. Ortega, 2309 Carolyn Street, asked about the current width of their streets, mately 18' to 20', but t nd Chief Engineer Smith replied that they are approxi - e new streets will be 28' except for the collector streets which will be 40' wide. Chief Engineer Smith then asked Mr. Crocker for his opinion in regard to the closing of Wood Street, since this would reduce his assessment and enlarge his property. Mr. Crocker stated that he is opposed to the closing of Wood Street and they were not interested closing. in acquiring the property that he would gain from this Mr. Darnell, Chief Engineer for Texas -Mexican Railroad Company, addressed the Council and stated that he has discussed this project with Mr. Smith, and the closing of Wood Street was suggested for the safety of motorists who have to pass over the railroad tacks at Holly Road. Mr. Darnell expressed the opinion that the improvements pl�nned for Martin Street will be a great improvement and much safer than that on Hood Street, since the railroad crossing is raised at Wood Street. Mr. Darnel Holly and Martin so that explained that they propose to lower the track at the roadway will be smooth. He suggested that as an alternative to allow motorists to reach Ayers, a demand traffic light could be installed at of the other intersections to enable motorists to gain access to Ayers. Minutes . Special Council Meeting October 15, 1980 Page 7 Mayor Jones inquired as to which entity will pay for the lowering of the track at Martin Street, and Mr. Smith replied that the City of Corpus Christi will pay this expense, and this is included in the price listed. City Manager Townsend commented that if the Council wants to make Wood Street a safe crossing at Holly, the cost would be much greater. Chief Engineer Smith also noted that because of Wood Street's proximity to Holly Road, the staff felt that it would be better to have Martin Street as a collector street in this area. City Manager Townsend also pointed out that if Wood Street is made a collector street, it would have to be 40' wide and traffic wou•}d be routed through the subdivision in order for motorists to gain access to Holly Road, and 10 more feet of right-of-way would have to be acquired. Mr. Arthur Ybacus also objected to the closing of Wood Street because of the difficulty that would be encountered in getting onto Ayers Street. He asked if a traffic:light could be installed on Ayers about a block from Holly Road to allow motorists to get onto Ayers. City.Manager Townsend explained that traffic lights are not usually placed so close to each other and he could not recommend this. Mr. Larry Nelson also suggested that Wood Street be left open for some time until Martin Street is improved and open. Mr. Smith assured him that Wood Street would not physically be closed until Martin Street is opened. Mr. Pena expressed the opinion that 75% of the people in the audience are in favor of keeping Wood Street open. Mayor Jones asked for a show of hands of those who prefer that Wood Street remain open, and everyone in the audience except one indicated that they desired to have this street open. Mr. James K. Lontos, Director of Engineering and Physical Development, pointed out that all of the discussions with the Texas -Mexican Railroad Company had been conducted with the assumption that Wood Street would be closed and Martin Street opened; therefore, if Wood Street remains open, further discussions will have to be held with the railroad company and the Federal Government. 4 eutes cial Council Meeting October 15, 1980 Page 8 ti Mayor Jones stated that possibly the Council will have to conduct another public hearing on the closing of Wood Street after Martin Street is opened. ' City Manager Townsend again pointed out that if W•od Street is to be a collector street, 10 more feet of right-of-way would be required. Council Member Zarsky stated that he felt that the lyze the situation that pertained to Martin and Wood Stree Martin Street already has the necessary dedicated right -of that if Wood Street is made a collector street, the proper residents should ana- ts and realize that way. He pointed out ty owners will have to dedicate more land. Mr. Zarsky also explained to the people in the audience that when a new subdivision is constructed, the developer pays 00% of all streets, sidewalks, etc., and the buyer of each lot has to pay for hat. He indicated that he wanted to make the property owners present aware o the tremendous savings they will realize on these street improvements, since they only have to pay 25% of the cost. Council Member Turner also pointed out that if Woo Street remains open, the abutting property owners will lose some of their prope ty. An unidentified member of the audience stated that they just want Wood Street to remain as a small residential street. Mrs. Turner then expressed her appreciation to the members of the audience for taking their time to attend this public hearing, as di. Council Member Best. Motion by Turner that the hearing be closed, seconded by Zarsky and passed unanimously. Motion by Turner that the Special Council Meeting b• adjourned at 8:30 p.m.; seconded by Zarsky; 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 compared 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 improvements, 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, testimony and statements, said City Council finds that each and every parcel 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 improvements 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 thereof, and said City Council did consider and correct all errors, invalidities or deficiences called to its attention and did find that all 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 proceedings of said City Council heretofore had with reference to such 5 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 equitable, and as producing substantial equality considering the benefits 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 testimony 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 pro- tests 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 limits defined, that the special benefits in the enhanced value to accrue to said property and the real and true owner or owners thereof, 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 considering the benefits received 6 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 not 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 improvements 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 improvements 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 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 no the several sums of money hereinbelow mentioned and itemized opposite th description of the respective parcels of said property, the number of frost feet of each and the several amounts assessed against same and r,; real and true owner or owners thereof, and names of the apparent ow thereof, all as corrected and adjusted by said City Council, being follows, to -wit: 1 7 .fir 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 herein- above 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 herein 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 PIAN", 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 evidence said assessments against said parcels of pro- perty 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 'ctual cost of said improvements, the amount named in said certificate iri 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 t 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 completion of said work on said street, and the findings of the Director of Engineering & Physical Development shall be final and binding upon all parties concerned. SECTION 5. That the seveal sums mentioned above in Section 3 hereof assessed against said parcel of property 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 8t 177 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: September 10, 19 80, and a personnel liability and charge against the real and true owner or owners be named or correctly named herein, 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 acceptance by - City; or 2. Payments to be made in maximum of 60 equal installments, 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 install- ments 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 acceptance by the City, until paid, at the rate of five and one -forth percent (5 1/4%) per annum; provided, however, that the owners of said property availing 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 assessments, the liens securing same and the several sums assessed against the said parcels of 9 property and the real and true owner or owners thereof and the time and terms of payment, and to aid in the enforcement 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 acceptance of the improvments 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 property 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 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 thereof. That said certificate shall further provide substantially that if default shall be made in the payment of any installment 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 cost 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 lawful ad valorem taxes, from and after the date said improvements were ordered by said City Council, to -wit: September 10 , 1980, 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 property therein described in the manner provided for the collection of ad valorem taxes as above recited, or by suit in any Court having jurisdiction. 10 That said certificate 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 regularly 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. 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 on 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, 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 thereof, 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 11 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 thereof, and with the terms, powers and provisions of said Chapter 106 of the Acts of 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 made by said City Council. SECTION 8. The fact that the above-described streets have become important thoroughfares and the fact that the present condition 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 an emergency and necessity exists, and having requested that said Charter rule be suspended and that this -ordinance be passed finally on the date of its introduction and take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the Z Z day of October , 1980. ATTEST: City Secretary MAY APPROVED: 22nd DAY OF October , 1980 J. BRUCE AYCOCK, CITY ATTORNEY By Assistant Ci e%' orney THE CITY OF CORPUS CHRISTI, TEXAS Corpus Christi, Texas day of , 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, MAYOR TH The Charter rule was suspended by Luther Jones Edward L. Sample Dr. Jack Best David Diaz • Jack K. Dumphy Betty N. Turner Cliff Zarsky CORPUS CHRISTI, TEXAS the following vote: The above ordinance was passe. by the following vote: Luther Jones `__ Edward L. Sample `i Dr. Jack Best David Diaz de Jack K. Dumphy de Betty N. Turner Cliff Zarsky 15839