Loading...
HomeMy WebLinkAbout17287 ORD - 10/13/1982TEXAS: A: ) AN ORDINANCE AMENDING ORDINANCE NO. 17112 ENACTING A CODE OF ETHICS TO EXCLUDE FROM THE DEFINITION OF "INTEREST" AN INTEREST IN REAL ESTATE OR IMPROVEMENTS WHEN THE CITY'S ACQUISITION OF THE PROPERTY COULD OTHERWISE ONLY BE ACCOMPLISHED THROUGH AN EMINENT DOMAIN PROCEEDING; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. That Ordinance No. 17112, as amended, the Code of Ethics for city officials and employees, included within Chapter 2 of the City Code of Ordinances be amended by amending Section 3(e) of the subject ordinance to read as follows: "Interest." Direct or indirect (but not remote or incidental) pecuniary or material benefit accruing to a city official, employee, or member of any City board, commission or committee as a result of a contract or transaction which is or may be the subject of an official act or action by or with the City, except for such contracts or transactions which by their terms and by the substance of their provisions / confer the opportunity and right to realize the accrual of similar benefits to all other persons and/or property similarly situated. An interest is remote or incidental if its value will not increase or decrease materially by reason of the action or decision of the City concerning the contract or transaction. With respect to section 4(e), the interest of a subcontractor of a business contracting directly with the City will generally be considered incidental if the subcontractor (1) is not one of the principals, in name or in substance, to the contract with the City. (2) does not contract directly with the City on the project, (3) receives a fair and reasonable compensation consistent with actual market value of services and goods actually rendered or produced, and (4) does not operate as a subterfuge to circumvent application of this Code of Ethics. Also, with respect to section 4(3), an interest in real estate or MICROFILMED 17287 SEP 28 1984 improvements shall be specifically excluded from this definition whenever the City's acquisition of the property could otherwise only be accomplished through an eminent domain proceeding where the land or improvements must be acquired for a public purpose and just compensation must be paid in accordance with the Texas Constitution. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need for efficient and effective administration of City affairs by amending the Code of Ethics, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure this the 4; day of October, 1982. ATTEST: <4,1PA:c3-Alg Cityrecretary MAYOR THE C TY OF CORPUS CHRISTI, TEXAS APPROVED: DAY OF OCTOBER, 1982 J. BRUCE AYCOCK, CITY ATTORNEY Corpus Christi, Texas day of gidagA..../, 1982 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas 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, Council Members MAYOR THE C OF CORPUS CHRISTI, TEXAS The above ordinance was passed by the foll wing vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky 17287 , CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article TV Section 21) September 23, 1982 s I certify to the City Council that $ 25,000 , the amount required for the contract, agreement, obligation or expenditures contemplated in the above and foregoing ordinance is in the Treasury of the city of Corpus Christi to the credit of: Fund N. and Name 103 Tourist and Convention Project NO. 331.531.12-301 Art Proiects Purpose: -1?-:st.44aiva Permanent Art Trust Fund from which it is proposed to be drawn, and such money is not appropriated for any other purpose. FIN 2-55 Revised 7/31/69 PUBLISHER'S AFFRNWIT STATE OF TEXAS, L. County of Nueces. Before me, the undersigned, a Notary Public, this day personally came. ..... LORRAINE Ca...MARTINEZ ...., who being first duly sworn, according to law, says that he is the ACCOUNTING CLERK of the Corpus Christi Caller and The Corpus Christi limes, Day Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of NOTICE OF PASSAGE OF ORDINANCE NO. 17287,... #V1610 CITY OF C .0 . of which the annexed is a true copy, was published in THE CORPUS CHRISTI CALLER -TIMES an the.J.! day of OCTOBER 1932 and once earl, consecutive..--.AllY— day _thereafter for..._ane____. _cane_ Times. $.... 27.90 LORRAINE 0. MARTINEZ ..149Maina - Vingkr-i;n4.. ACCOUNTING CLERK 15th OCTOBER Subscribed and sworn to before me this day of EUGENIA S. CORTEZ 82 19 Notary Publi ueces County, Texas NOTICEOF:FASSA OF ?Avg., AMENDING ORDr- NANCENO, 17112 ENACT— ING A CODE OF ETHICS TO EXCLUDE FROM THE' DEFINITION OF 'INTER EST' AN INTEREST IW REAL ESTATE OR Ia.. PROVEMENTS WHEN - THE CITY'S ACQUISITION. OF THE PROPERTV COULD OTHERVVISE-`, ONLY BE ACCOMPLISHED THROUGH AN EMINENT. DOMAIN PROCEEDING; AND DECLARING AN, EMERGENEY. VVas passed and approved by the City Council of the 'City of Corpus Christi, Texas - on the 61h day of October, - 1962, The fUll text of said op dInance is avallable to the public In thd Office of the - City Secretery. .513111 G. Read City Secreta • Corpus Chris Texas, SECTION 4. Be it further ordained that in the event the actual frontage of any property herein assessed shall be found upon the completion of said improvements to be greater or less than the number of feet 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 accordance with the front foot rule or rate of assessment herein adopted, it being the intention that such parcel of property and the real and true owner or owners thereof abutting on the portion of the streets above described, within the limits defined, shall pay for said improvements under the "FRONT FOOT RULE OR 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 completion and acceptance of said improvements on the aforesaid streets, within the limits defined all certificates hereinafter provided for, issued to evidence said assessments against said parcels of 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 named in said certificate 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 percent (6 1/2%) per annum with reasonable attorney's fee and all 6 costs and 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: September 8, 1982, 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 120 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 120 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 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 certificates shall be issued by the City of Corpus Christi, Texas, to itself upon the completion of said improvements in said streets and acceptance thereof by said City Council, which certificates shall be executed by the Mayor in the name of the City, attested by the City Secretary, with the corporate seal of said City, and which certificates shall declare the amounts of said assessments and the times and terms thereof, the rate of interest thereon, the date of the completion and acceptance of the improvements for which the certificate is issued, and shall contain the names of the apparent 7 true owner or owners as accurately as possible, and the description of the property assessed by lot and block number, or front foot thereof, or such other description as may otherwise identify the same, and if the said property shall be owned by an estate or firm, then to so state the fact shall be sufficient and no error or mistake in describing such property or in giving the name of any owner or owners, or otherwise, shall in anywise invalidate or impair the assessment 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: September 8, 1982, and shall provide in effect that if default shall be made in the payment thereof, the same may be enforced, at the option of the City, or their successors and assigns, by the sale of the property therein described in the manner provided for the collection of ad valorem taxes as above recited, or by suit in any court having jurisdiction. That said certificates shall further recite in effect that all the proceedings with reference to making said improvements have been regularly had in compliance with the law and Charter in force in said City and the proceedings of said City Council of said City, and that all prerequisites to the fixing of the assessment lien against the property therein described, or attempted to be described, and the personal liability of the real and true owner or owners thereof, evidence by such certificates, have been regularly done and performed, which recitals shall be evidence of all the matters and facts so recited and no further proof thereof shall be required in any court. That said certificates shall further provide in effect that the City of Corpus Christi, Texas, shall exercise all of its lawful powers, in 8 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 liability 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 assessment, or in any other matter or thing shall not in anywise invalidate or impair any assessment levied hereby or any certificate issued, and such mistake, or error, invalidity or irregularity whether in such assessment or in the certificate issued in evidence thereof, may be, but is not required to be, to be enforceable, at any time corrected by the said City Council of the City of Corpus Christi. Further that the omission of said improvements in front of any part of parcel of property abutting upon the aforementioned streets, which is exempt from the lien of said assessment, shall in no wise affect or impair the validity of assessments against the other parcels of property abutting upon said street; and that the total amounts assessed against the respective parcels of property abutting upon said streets within the limits herein defined and the real and true owner or owners thereof, are the same as, or less than, the estimate of said assessment prepared by the Director of Engineering and Physical Development and approved and adopted by the City Council and are in accordance with the procedures 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, power and provisions said proceedings, said improvements and assessments were had and made by said City Council. SECTION 8. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need for efficient administration of City affairs by the closing of such hearing on public street improvements, such finding of an emergency is made and declared 9 requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings so that this ordinance is passed and _s/hk.1_1take effect upon first reading as an emergency measure this the 45 day of October, 1982. ATTEST: Secretary AY OF 064i , 19g710/ ED: BRUCE AYCOCK, CITY ATTORNEY MAYOR THE Y OF CORPUS CHRISTI, TEXAS 10 Corpus Christi, Za day of , 1982 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas 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,. - Council Members Respectfully, MAYOR THE CITY 1F CORPUS CHRISTI, TEXAS The above ordinance was passed by the foll Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky wing vote: 17298