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
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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
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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:
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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
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