HomeMy WebLinkAbout16816 ORD - 01/13/1982jkh:1-13-82;lst
AN ORDINANCE
CLOSING THE HEARING ON STREET IMPROVEMENTS FOR THE
FOLLOWING STREET(S):
TRACY ADDITION
1. Riggan, Cloyde, Lynch and Terrace Streets, from
Baldwin Boulevard to 19th Street;
2. Elizabeth Street, from Baldwin Boulevard to 18th
Street;
3. 19th and Tracy Streets, from Prescott Street to
Terrace Street; and
4. McKenzie Street, from 18th Street to 19th Street,
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 25th day of November
1981, determined the necessity for, and ordered the improvement of the
following street(s):
1. Riggan, Cloyde, Lynch and Terrace Streets, from Baldwin
Boulevard to 19th Street;
2. Elizabeth Street, from Baldwin Boulevard to 18th Street;
3. 19th and Tracy Streets, from Prescott Street to Terrace
Street; and
4. McKenzie Street, from 18th Street to 19th Street,
16816
SEP 2 8 1984
MICROFILMED.
in the manner and according to the plans aAd specifications heretofore
approved and adopted by the City Council by ordinance dated 25th day of;
November , 1981 , 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 Asphalt Paving and
Construction Company
as authorized by Ordinance No.
dated , 19 , 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
November 25 , 19 81 , 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 November 25 , 1981 , did order and set a hearing to
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be held at 7:00 p.m. on the 6th day of January , 19 82 , at
T. G. Allen Elementary School Cafeteria, 2022 Elizabeth, 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 January 6
19 82 , in T. G. Allen Elementary School Cafeteria
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
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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
JANUARY 6, 1982
7:00 P.M.
T. G. ALLEN ELEMENTARY SCHOOL
2002 ELIZABETH STREET
PRESENT:
Mayor_ Luther% Jones
Mayor Pro Tem Betty N. Turner
Council Members:
Herbert Hawkins
Dr. Charles W. Kennedy
ABSENT:
Council Member Jack K. Dumphy
Council Member Bob Gulley
Council Member Cliff Zarsky
Acting City Mgr. Ernest Briones
Ass't. City Attorney Bob Coffin
City Secretary Bill G. Read
Mayor Luther Jones called the meeting to order at T. G. Allen Elementary
School and introduced the Council Members who were present.
Mayor Jones explained that Mr. David Saenz had been instrumental in
circulating the voluntary paving petition and was assisted by several other
residents of the area.
Mr. James K. Lantos, P.E., Assistant City Manager, explained that this
assessment hearing is required by State Law;and that the project started as a
result of voluntary paving petitions. He then introduced members of the
Engineering Staff who will be associated with the project.
Mr. Lontos then informed the Council and the audience that Assistant City
Attorney Bob Coffin would conduct the hearing.
Assistant City Attorney Coffin called as his first witness, Mr. Gerald.
Smith, and through questioning of the witness, ascertained that Mr. Smith is
Chief Engineer of the Engineering and Physical Development Department of the
City of Corpus Christi and has been employed in that capacity for 22 years.
Mr. Coffin verified that a copy of Mr. Smith's qualifications in resume form is
on file in the Office of the City Secretary.
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,Jecial Council Meeting
January 6., 1982
Page 2
Mr. Smith informed the Council that he is thoroughly familiar with the
project and then displayed a transparency which showed the various streets
included in the project, as follows:
1.. Riggan, Cloyde, Lynch and Terrace Streets, from Baldwin Boulevard
to 19th Street;
2. Elizabeth Street, from Baldwin Boulevard to 18th Street;
3. 19th and Tracy Streets, from Prescott Street to Terrace Street; and
McKenzie Street, from. 18th, Street to 19th .Street.
Mr. Smith informed the Council and the audience that in addition to the
assessment hearing, a public hearing will be conducted on closing unused alleys
that are in the project. He explained that if the alleys are closed, the
easements will be retained for utilities.
Chief Engineer Smith explained that the project proposes the complete
reconstruction of streets to City standards and that all of the streets will be
28' wide with the _exception of 19th Street, which will be 36' wide. He stated
that storm sewers and new water lines will be installed on most of the streets in
the project and stated that the plans were prepared in the City Engineering
offices. Bids were received on November 4, 1981 from five contractors with the
low bid of $1,268,274.05 being submitted by APCCO. He explained that there
are 286 separate parcels included on the assessment roll for a total amount of
$204,976.74.
Mr. Smith explained the assessment rates as follows:
28' Wide, Curb,
36' Wide, Curb,
Sidewalks
Driveways
Gutter & Pavement
Gutter & Pavement
He also explained
churches and schools:
$13.40 L.F.
$19.12 L.F.
$ 1.00 S.F.
$ 3.29 S.F.
that the following rates would be charged for residential,
Curb, Gutter & Pavement
Sidewalk
Driveways
$4.75 L.F.
$ .75 S.F.
$3.29 S.F.
Mr. Smith also stated that the City's share of the project will be
$1,063,297.31.
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)ecial Council Meeting
anuary 6, 1982
Page 3
Mr. Smith continued his presentation by explaining that the assessments
will not be due until after the work is completed at which time they may be
paid in cash or over a five-year period at an interest rate of 61/4s6 or in cases of
extreme hardship, the period of time may be extended. He informed the
audience and the Council that the project allows 275 working days and stated
that the Engineering Staff will be able to work with the individual property
owners on driveways and special problems and assured them that there will be
- every_ attempt made to save all_of the trees possible.-- He noted also thatsome
fences must be removed by the contractor during construction, but the
contractor will replace the fences at no cost to the property owner.
Mr. Smith referred to the alleys proposed to be closed and stated that
they are either 10' wide or 20' wide alleys and if they are closed, the land
realized from the closures will be awarded to the abutting property owners. He
stated that the contractor will probably start to work in four to five weeks and
the project will require thirteen to fourteen months for completion.
Mr. Anastacio R. Hernandez, 2406 Elizabeth Street, informed the Council
that there is an island that divides Elizabeth Street from 19th Street. He noted
that the plans indicate that the island will be eliminated and expressed
opposition to that portion of the plan.
Mr. Smith explained that the plans do propose the removal of that island;
the neighbors desire to have the island retained; but the Staff has determined
that the cost of retention will be $5,500; therefore, the Staff is reluctant to
recommend that the island be retained.
Assistant City Attorney Coffin called as his next witness Mr. W. A. Holly.
Through questioning of the witness, Mr. Coffin determined that Mr. Holly
is a Real Estate Appraiser and Broker; that he has been in that business for
approximately 27 years; and that he has served as appraiser on a number of
municipal jobs. He stated that a copy of Mr. Holly's resume, including all of
his qualifications, is on file in the Office of the City Secretary.
Mr. Holly testified that he is thoroughly familiar with all of the property
included in the Tracy Addition Street Improvement Project and that he has
examined each and every parcel of land. Mr. Holly stated that he has
'ascertained that there are eleven pieces of property which are odd -shaped and
on which he recommends a reduction because they will not be enhanced in value
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pedal Council Meeting
Jannary 6., 1982
Page 4
to the extent of the assessment rate. Mr. Holly recommended reductions on the
properties listed below:
Item No. 271 & 55, Olivero R. Benavides - suggested reduction $294.18
Item No. 272 & 83, Castulo E. Delgado - suggested reduction $288.56
Item No. 274 & 112, Sebastian Ramirez - suggested reduction $313.96
Items 275 & 137, Frances Evans - suggested reduction $225.32
Items 276A & 160A, Catherine McKenney - suggested reduction $239.28
Item No. 181, Carlos Sauceda - suggested reduction $130.40
Items 181A & 199A, Catherine McKenney - suggested reduction $431.22
Item No. 278, L. H. Dillman - suggested reduction $283.62
Items 279 & 230, Raul & Carmen Almaguer- suggested reduction $282.24
Items '21 & 210, Archie McKinney suggested reduction $164.97.,
Item - 10, Santos & - Christina Rosales - - suggested reduction $173.98
He noted that the -total reduction recommended to the assessment roll is
$2,827.73.
Mr. Holly testified that, with the exception of those eleven pieces of
property, all of the other property, in his opinion, will be enhanced at least in
the amount of the assessment.
Mayor Jones called on members of the audience who wished to speak.
Mr. Chet Hartley, representing the Calvary Gospel Tabernacle, which is
located at 2637 Terrace, inquired if taxes on property in the area would be
increased as a result of the enhancement of the property.
Chief Engineer Smith explained that taxes are based on the sale of
property in a neighborhood, and the owner's property value will increase only
if other property on the street is sold for a higher price.
Mr. Hartley then referred to the intersection of Terrace and Tracy and
inquired if the pattern of traffic control would be changed after the
improvements are completed.
Mr. Smith stated that he was not aware of any problem there; there a
number of stop signs on the street; the Staff anticipates that the traffic signs
will be replaced; and he explained that the Traffic and Transit Department will
have to study this if there is a problem.
Mr. Hartley then referred to the fact that their church has an off-street
parking problem; they presently have a sidewalk running in front of the church
on Terrace Street which provides some off-street parking; and inquired if some
additional provisions could be made so that they can have off-street parking by
widening the street in front of their church.
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pecial Council Meeting
January 6, 1982
Page 5
Mr. Smith explained that additional widening would be at the expense of
the abutting property owner. He commented that the Masonic Lodge, which is
also in that neighborhood, made a similar request and the cost to them for
widening will be $750. Mr. Smith stated that the Staff members would be glad
to discuss this with the church to see if something could be worked out.
Mr. Hernandez, 2406 Elizabeth Street, addressed the Council and inquired
about driveways adjacent to each other on the same side between houses. He
inquried if new driveways would be separated or if it will be one wide driveway
and Mr. Smith replied that the driveways will be Separate.
Mr. Carl Crull, Engineer with the City, stated that at Mr. Hernandez'
house, a community driveway for two property owners will be constructed.
Mr. obie Etheridge addressed the Council and commented that the
voluntary paving program was started 19 years ago when he was City Engineer
for the City of Corpus Christi. He stated that he was speaking as a
representative of the Masonic Temple, which is a non-profit organization, and
stated that they have a large frontage and urged that the City widen the
pavement at that point by 7'. He noted that this would provide parking for
their organization and they are willing to pay for it.
Also speaking in favor of retaining the island on Elizabeth Street were Mr.
Ben Elizondo and Mr. D. C. Fisher.
Mr. Lontos informed the Council that the Staff will have a report next
week in regard to the island and they will also work with the Calvary Gospel
Tabernacle Church and the Masonic Temple in regard to their parking problem.
Assistant City A'ttorney Coffin referred to Mr. Hartley's question in regard
to tax increases and pointed out that if the church -owned property is used for
legitimate religious reasons, the building will be exempt from taxes.
Mayor Jones referred to the bond election scheduled for February 20, 1982
and explained items included in that bond issue. He urged that the citizens
vote in favor of the items included in the bond election. He then opened the
meeting for comments on other matters, noting that Council Member Hawkins had
suggested that the Council hold Town Hall Meetings to discuss any subject that
the area residents desired.
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pecial Council Meeting
january 6, 1982
Page 6
One unidentified gentleman inquired if there was someone he could talk to
. about an inferior sidewalk that a private contractor had built in front of his
property and Mayor Jones suggested that he see Mr. Marion Brown as soon as
the meeting was over.
There being no further business to come before the Council, on motion by
Mayor Pro Tem Turner, seconded by Council Member Kennedy and passed
unanimously, the Special Council Meeting was adjourned at 8:25 p.m., January
1982::
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 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 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
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and regular; and said City Council did further find upon said evidence that
Che assessments hereinbelow made and the charges hereby declared against
said abutting property on the portions of the streets hereinabove described,
withiv 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 enchanced 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
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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 perbonal 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 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 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:
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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 property
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, to be determined
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
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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: November 25 , 1981 , 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 to be paid in 59
equal consecutive monthly installments commencing on
the 1st day of the next succeeding month until the
entire sum is paid in full, together with interest from
the date of said completion and 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, 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
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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 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 ad valorem
taxes, from and after the date said improvements were ordered by said City
Council, to -wit: November 25 , 1981 , 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.
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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 prlrequisites
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
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by the City Council and are in accordance with the.proceedinos 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 mabe 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 13th day of January ,
19 82 .
ATTEST:
y Secretary
APPROVED:
NAY
13th DAY OF January , 1982 -
J. BRUCE AYCOCK, CITY ATTORNEY
By
Assistant Cit orney
THE CI Y OF CORPUS CHRISTI, TEXAS
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TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
Corpus Christxas
11111
13 day o ,K,c„
/
For the reasons set forth in the emergency clause of the foregoing ordinance or resolution,
an emergency exists requiring suspension of the Charter rule as to consideration and voting
upon ordinances or resolutions at three regular meetings; 1/we, therefore, request that you
suspend said Charter rule and pass this ordinance or resolution finally on the date it is
introduced, or at the present meeting of the City Council.
Respectfully, Respectfully,
MAYOR
Council Members
THE CITY OF CORPUS CHRISTI, TEXAS
The above ordinance was passed by the following
Luther Jones
Betty N. Turner
Jack K. DuMphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
vote:
161316