HomeMy WebLinkAbout17287 ORD - 10/13/1982TEXAS:
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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