HomeMy WebLinkAbout16401 ORD - 07/22/19817-22-81;lst
AN ORDINANCE
CLOSING THE HEARING ON STREET IMPROVEMENTS FOR THE
FOLLOWING STREET(S):
CAIN DRIVE, FROM SOUTH STAPLES STREET TO EVERHART
ROAD
AND FINDING AND DETERMINING THAT PROPERTY ABUTTING
SAID STREET(S) WILL BE SPECIFICALLY BENEFITED AND
ENHANCED IN VALUE IN EXCESS OF COST OF THE IMPROVE-
MENTS AND LEVYING AS ASSESSMENT; FIXING A LIEN AND
CHARGE, THE MANNER AND TIME OF PAYMENT AND COLLEC-
TION; AND DECLARING AN EMERGENCY.
WHEREAS, the City Council of Corpus Christi, Texas, by duly
enacted ordinance passed and approved on the 17thday of June
19 81
determined the necessity for, and ordered the improvement of the
--following street(s):
Cain Drive, from South Staples Street to Everhart Road,
16401
MIOROFjtMED
•
r
IJ J414
SEP 271984
in the manner and according to the plans and specifications heretofore
approved and adopted by the City Council by ordinance dated 17th day of(3
June , 19 81 , 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 Heldenfels
Brothers as authorized by Ordinance No.
dated July 22
, 1981 , and the performance bond required by
said contract has been properly 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 Engineer-
ing 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 and Physical Development has hereto-
fore 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
June 17 , 1981 , did determine the necessity of levying 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 property and the real and true owners thereof, and by ordi-
nance dated June 17 , 19 81 , did order and set a hearing to
-2-
be held at 7:00 p.m. on the 15th day of July , 19 81 , at
Blanche Moore Elem. School Cafeteria, 5426 Williams Drive in the
City of Corpus Christi, Texas, for the real and true owners of the pro-
perty 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 concern-
ing 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 and 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 hear-
ing, 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 pro-
vided by law and the Charter of the City of Corpus Christi, said hearing
of which notice was given, was opened and held on July 15. ' >
19 81 , in Blanche Moore Elem. School Cafeteria, 5426 Williams Drive
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
-3-
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-
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 con-
tract 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 saidabuttingproperty, and the'
real and true owner or owners thereof, as comparedwiththe 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 state-
ments, 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 bene-
fited 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 proceed-
ings were being had, and the proceedings of said City Council heretofore
had with reference to such improvements, and in all respects to be valid
-5-
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 -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 limits defined, that the
special benefits in the enchanted 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 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
-6-
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 pro-
visions 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 -pro-
ceedings 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 11056 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 not,
the several sums of money hereinbelow mentioned -and itemized opposite the
description of the respective parcels of said property, the number of front
feet of each and the several amounts assessed against same and the real and -
true owner or owners thereof, and names of the apparent owners thereof, all
as corrected and adjusted by said City Council, being as follows, to -wit:
-7-
SECTION 4. Be it further ordained that in the event the actual
frontage of any property herein assessed shall be found upon the comple-
tion 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 accor-
dance 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 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 com-
pletion 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 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_propertyy
and the actual cost of said improvements, the amount names in -said certi-
ficate 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; tobedetermined
by the Director of Engineering and Physical Development upon completion of
said work on said street, and the findings of the Director of Engineering and
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 abutting 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 six and
one-half (6 1/2%) per annum with reasonable attorney's fee and all costs and
-8-
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: June 17 , 19 81 , and a personal
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 tobepaid 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 acceptance by the City,
until paid, at the rate of six and one-half percent
(6 1/2%) 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, br-
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
-9-
or 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 certi-
ficates 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 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 descrip-
tion 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
ssessment 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 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 lawful advalorem
taxes, from and after the date said improvements were ordered by said City
Council, to-wit: June 17 , 19 81
, 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 collec-
tion of ad valorem taxes as above recited, or by suit in any Court having
jurisdiction.
-10-
That said certificates shall further recite in effect that all
the proceedings with reference to making said improvements have been regu-
larly 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 regu-
larly 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 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 liabi-
lity 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 assess-
ment, or in any other matter or thing_shall not in anywise invalidate or
impair any assessment levied hereby or any certificate issued, and such mis-
take, 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 assessment prepared by the
Director of Engineering and Physical Development and approved and adopted
-11-
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 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 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 impera-
tive public necessity, requiring the suspension of the Chapter rule that no
ordinance or resolution shall be passed finally on the date of its introduc-
tion, but that said ordinance shall be read at three several meetings of the
City Council, and the Mayor or Council Members, having declared- that such
emergency and necessity exist, 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 -,'Qday of July ,
19 81
ATTEST:
r -
Ci y Secretary
APPROVED:
2- -DAY OF
-MAY
, 19S/
J. BRUCE AYCOCK, CITY/ ATTORNEY
By
Assistant 4f Attorney
THE CIT
-12-
F CORPUS CHRISTI, TEXAS
Corpus Christi, T y
2Z day of 4,27, 19 O /
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, but that such ordinance or resolution shall be read
at three meetings of the City Council; I/we, 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,
Council Members
Respectfully,
MAY
e Cit of Corpus Christi, Texas
The Charter rule was suspended by e following vote:
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L.—Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
The above ordinance was passed by the following vote:
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley '
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
16401