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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 -2- 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 -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- 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. nutes ,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. *nutes )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 nutes 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. nutes 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. nutes 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 -5- 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 -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 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: -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 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 -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: 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 -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 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. -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 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 -11- 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 -12- 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