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HomeMy WebLinkAbout17297 ORD - 10/13/1982AN ORDINANCE CLOSING THE HEARING ON STREET IMPROVEMENTS FOR THE FOLLOWING STREETS: Spohn Hospital Area 1. Furman Street, from South Staples Street to South Caranchua Street, 2. Hancock and Buford Streets, from South Staples Street to Santa Fe Street, 3. Booty Street, from South Staples Street to Ayers Street, 4. Third Street, from Ayers Street to Morgan Avenue, 5. Fifth Street, from Booty Street to Craig Street, and 6. Sixth and Seventh Streets, from Ayers Street to Hancock Street; FIXING A LIEN AND CHARGE, THE MANNER AND TIME OF PAYMENT AND COLLECTION; AND DECLARING AN EMERGENCY. WHEREAS, the City Council of Corpus Christi, Texas, by duly enacted ordinance passed and approved on the 18th day of August, 1982, determined the necessity for, and ordered the improvement of the following streets: Spohn Hospital Area 1. Furman Street, from South Staples Street to South Caranchua Street, 2. Hancock and Buford Streets, from South Staples Street to Santa Fe Street, 3. Booty Street, from South Staples Street to Ayers Street, 4. Third Street, from Ayers Street to Morgan Avenue, 5. Fifth Street, from Booty Street to Craig Street, and 6. Sixth and Seventh Streets, from Ayers Street to Hancock Street; in the manner and according to the plans and specifications heretofore approved and adopted by the City Council by ordinance dated August 18, 1982, 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, the said City Council has caused the Director of Engineering 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 heretofore 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 MICROFILM ED 17297 .SEP u i984 SEP 2 8 1984 i WHEREAS, said City Council, by duly enacted ordinance dated August 18, 1982, 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 ordinance dated August 18, 1982, did order and set a hearing to be held at 7:00 p.m. on the 22nd day of September; 1982, at Council Chambers at City Hall in the City of Corpus Christi, Texas, for the real and true owners of the property 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 sid abutting property by virtue of said improvements, if any, or concerning 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 ad 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 hearing, 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 provided by law and the Charter of the City of Corpus Christi, said hearing of which notice was given, was opened and held on September 22, 1982, in the Council Chambers at City Hallin the City of Corpus Christi, Texas, in 2 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 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: 3 MINUTES CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING September 22, 1982 7:00 P.M. PRESENT: Mayor Luther Jones Mayor Pro Tem Betty N. Turner Council Members: Herbert Hawkins Dr. Charles W. Kennedy ABSENT: Council Members: Jack K. Dumphy Bob Gulley Cliff Zarsky City Manager Edward Martin Ass't. City Attorney Bob Coffin City Secretary Bill G. Read Mayor Luther Jones called the meeting to order in the Council Chamber of City Hall and stated that the purpose of the special meeting was to conduct public hearings on assessments associated with the Spohn Hospital Area Street Improvement Project and the closing of Lawnview Street from Booty Street to Ayers Street. City Secretary Bill G. Read called the roll of required Charter Officers and verified that the necessary quorum was present to conduct a legally constituted meeting. Assistant City Manager James K. Lontos stated that this hearing is required by State Law to present evidence and testimony to enable the City Council to make a decision in regard to the adoption of the assessment roll. Mayor Jones explained the source of the funds for this project, noting that it will be financed through bonds, property owners' assessments, and Community Development Block Grant funds. Assistant City Attorney Bob Coffin conducted the formal portion of the hearing and called as his first witness Mr. Gerald .Smith, P.E., City Engineer. Through questioning of the witness, Mr. Coffin ascertained that Mr. Smith has been in the Engineering Department of the City of Corpus Christi for Minutes Special Council Meeting September 22, 1982 Page 2 approximately 221 years and verified that a copy of Mr. Smith's qualifications in resume form is on file in the Office of the City Secretary. Mr. Smith then explained the scope of the project and stated that the following streets are included in the project: 1. Furman Street, from South Staples Street to South Carancahua Street, 2. Hancock and Buford Streets, from South Staples Street to Santa Fe Street, 3. Booty Street, from South Staples Street to Ayers Street, 4. Third Street, from Ayers Street to Morgan Avenue, 5. Fifth Street, from Booty Street to Craig Street, and 6. Sixth and Seventh Streets, from Ayers Street to Hancock Street; Mr. Smith informed the Council that the streets will be constructed by excavation to a width and depth to permit the laying of a standard curb and gutter section, 6" compacted subgrade, 8" compacted caliche base, and 11" or 2" type "D" Hot Asphaltic pavement. He explained that the streets will be 28', 31.5', 35', 36', 38' or 40' wide within the existing right-of-way; there will be 4, or 5' wide reinforced concrete sidewalks 4" thick and 6" thick reinforced concrete driveways. He located these streets on a transparency. Mr. Smith then explained the proposed closing of one block of Lawnview Street from Booty to Ayers Streets, stating that the reason for this proposed street closing was to eliminate this extension of Lawnview Street into the intersection of Booty and 6th Street. Mr. Smith also informed the Council that old streets will be removed and replaced; some of the streets will have utilities removed and replaced; but some of the concrete streets will be improved rather than completely replaced. Mr. Smith stated bids were received on this project on August 4, 1982 and APCCO was the low bidder on the project with their total bid being $1,400,087.10. He explained that the contract calls for 180 .working days and should be completed in approximately nine months after contract award. He stated that the total of the preliminary assessments is $441,005.45 and the City's portion of the project is $959,081.65. Mr. Smith explained the assessment rates and stated that most of the property will be fully assessed at the commercial rate since nearly all of the property is zoned for "AB" or business zoning. He stated that there are no residential assessments except for a few churches. He explained that the assessment rate for curb, gutter and pavement will vary from $12.49 per linear foot to $19.50 per linear foot, depending upon the width of the street; Ites _._:.cial Coundil Meeting September 22, 1982 Page 3 sidewalks will be assessed at $1 per square foot and driveways will be assessed at $3.29 per square foot. Mr. Smith stated that the payment of the assessments will not be due until after completion of the project and that payments may be made over a five year period at an interest rate of 6*$ or in cases of extreme hardship, the period of the time may be extended to ten years. Mr. Smith referred to existing pavement and stated that credits would not be given in most cases since most of the existing improvements are over thirty years old. He stated, however, that those that are constructed with concrete will receive credit.. Mayor Pro Tem Turner inquired about head -in parking. Mr. Smith pointed out the areas affected and explained that head -in parking will not be included on the street improvements. .Mr. Lontos explained to the members of the audience whose property contained single-family dwellings that it would be possible to request change of zoning to "R -1B" on their property in order to reduce the amount of the assessments. He stated that the Staff will assist those who wish to do this. Assistant City Attorney Coffin called as his next witness Mr. William J. Holly, Real Estate Broke F and Appraiser. 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. Mr. Coffin 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 Spohn Hospital Area Street Improvement projects and that he has examined each and every parcel of land. He explained that he had found four pieces of property that might be considered odd -shaped, and mostly triangular properties on which he recommended the following reductions: Item No. 99, J. D. Doyle, suggested reduction, $852.15; Item No. 255, Chapel of Spiritual Light, suggested reduction, $218.53; Item No. 256, James I. Tyree, M.D., suggested reduction, $303.33; and Item No. 257, William and Tony Bonilla, suggested reduction, $339.35. Mr. Holly testified that, with the exception of those four pieces of property, all of the other property, in his opinion, will be enhanced at least in Special Council Meeting September 22, 1982 Page 4 the amount of the assessment, including the areas that now have head -in parking. Mayor Jones, noting the large number of people in the audience, called for a show of hands of those who are opposed to the project and a large majority indicated their opposition. Mayor Jones then called for comments from the audience on these preliminary assessments. / Mrs. Jan Jack, representing South Texas Planned Parenth000d, stated that they had purchased their facility in 1976 and have since spent over $30,000 improving the property. She stated that they now have asphalt driveways, curbs and gutters but the City plans to move the curb but declined to give credit for their curb. She also stated that the plans call for the elimination of some of their driveways which would cut off their ingress and egress. She stated that the reason for this was that the Staff felt that the driveways were too close to the intersection. Mrs. Jack summarized by stating that they wanted credit for their existing curbs and that their driveways not be el imlnated . Mayor Pro Tem Turner suggested that the Staff meet with representatives of this organization to work out these problems. Speaking in opposition to the project because the planned sidewalks will be too close to their houses were Mrs. Betty Stinson, 910 Booty Street, Mrs. Argentina Hernandez, 923 Booty, and Mrs. Carmen Cortez, 922 Booty. They also stated that they could not afford to pay the assessments. Mrs. Alvin A. Machalac, 1609 Sixth Street, expressed opposition to the installation of the sidewalk which will be too close to her house and also stated that she opposed the closing of Lawnview Street. She stated that she would not object too much to a curb/sidewalk combination. Council Member Kennedy inquired about the effect that exluding the sidwalks on Booty Street would have on the project. The Staff indicated they would study this suggestion. Mr. George Aboud, who owns property on Sixth Street, expressed opposition to the closing of Lawnview Street because he was of the opinion it would increase traffic on Sixth Street. He stated that his house is the only one on this portion of the street and the remainder is a parking lot. Mr. Aboud also stated that he was opposed to the sidewalk installation because there • 'lutes cial Council Meeting ,itember 22., 1982. Page 5 4 is at this time existing curb, gutter and sidewalks on this street. Mrs. George W. Jordan, Jr*., who owns property on Buford Street, stated that there is an existing sidewalk for which no credit will be given and her place of business which is the CompuCenter will lose head -in parking after the streets are improved. Mrs. Sam Hornish, 915 Furman Street, stated that she is in favor of the proposed improvements but inquired as to why no new water lines are being installed as a part of the project. Mr. Smith indicated that he would investigate that aspect of the project. Mrs. Catalina Martinez, 1309 Sixth Street, expressed opposition to the percentage of the assessments, indicating that she felt that the property owners were paying too large a portion of the total project. Mr. Jose L. Guerra, 1223 Sixth Street, stated that he already has curbs, gutters and sidewalk and he objected to installation. Mr. Smith pointed out to Mr. Guerra that he was not being charged for the curb, gutter and pavement. Mr. Walter Wenger stated that he was in favor of the street improvement project. •-- — Also speaking in favor of the improvements was Mr. Bruce Garvin Whitman, who owns property on Sixth Street. Mrs. Belia M. Esquivel, 1330 Seventh Street, stated that she is opposed to paying the assessment rate for commercial property since her property now has a single-family dwelling on it. She informed the Staff that she would like to reduce the zoning on her property to "R -1B". Mrs. Esquivel was told to discuss this with the Staff in regard to the procedure for downzoning property in this area. Mr. Carlos Guerguin, who owns property on Third Street, objected to the plan to eliminate head -in parking. He expresssed the opinion that this would decrease the value of his property rather than increase it. Mr. Bill Demestihas, who owns property at 823 Furman Street, informed the Council that this is the old Singer Home, and according to the contract with the City, it is restricted to single-family dwelling. He questioned the zoning that exists on the property. Mr. Smith informed Mr. Demestihas that he would investigate this. Mr. Clifford Lee, who owns a floral shop in the area, objected to the elimination of head -in parking in front of his place of business. He stated . . Minutes Special Council Meeting September 22, 1982 Page 6 that he will lose five parking spaces, and even though he will have parallel parking in front of his shop, he was apprehensive that someone could park there all day and his customers would have no place to park. Mr. Tom Stewart, Director of Traffic Division, stated that the parking spaces in front of Mr. Lee's business could be marked for one hour or 30 minute parking zones and there is a police patrol in ,the area to. enforce such -limitations. Mrs. Mary McCorkle, representing the owners of several pieces of property in the area, expressed opposition to the plan to. construct 6" thick driveways, which is required in commercial property. She stated that they would prefer to have residential type driveways. Mr. Smith explained to Mrs. McCorkle that the difference in cost would only be about $40 and that he would meet with the owners to resolve this problem. Mr. James H. Throop, who owns property on Seventh Street, objected to the planned width of that street which will be 38'. He expressed the opinion that this is too wide for this area and will generate a great deal of traffic. Mr. S. J. Becker, 1201 Seventh Street, objected tearing out the existing sidewalks and driveways unless credit is given for them. Dr. T. M. Bailey, 1001 Santa Fe, objected to the elimination of head -in parking in front of his office building but indicated that he will talk to the City Staff about this problem. Also objecting to the percentage of the assessments was Mr. Arturo P. Martinez, 1309 Sixth Street. Speaking in favor of the project was Mrs. Jane H. Mays, who owns property on Fifth and Seventh Streets and who indicated that she was satisfied with her assessments. Speaking in opposition to the entire project was Mr. Cecil C. Jenkins, 1119 Sixth Street. He specifically objected to the fact that no credit will be given for existing curbs and also objected to his assessment as commercial zoning since he has 'a residence located there. Mr. Jenkins was referred to the City Staff to consider the possibility of requesting a lower zoning for his property. Mr. Paul N. Jordan, who owns two pieces of property on Sixth Street, stated that he had already paid for curbing for these pieces of property. He requested that credit be given for the curbs that exist in front of his property MInules Council, Meeting ,piber 22, 1982 Fr.ye / and ife was informed that the Staff will work with him to determine if it has been I 'did for• f,lso speaking in opposition to the entire project was Mr. Bob Keeling, who expreosed the opinion that there is no need for these street improvements in this rea and suggested that the money be spent in some other area. He exprehsed the opinion that the value of the property will not be enhanced by improvements; taxes are already too high; and their property should not these be 0iled commercial. Mrs• Dorthalee Rittgers, 1517 Sixth Street, expressed approval of the but stated that she is opposed to the closing of Lawnview. She alleged projeL that our sidewalk is good arid that she should be given credit for it. pr. James I. Tyree, 1209 Santa Fe, informed the Staff that he would like to rehiin his head -in parking. It was pointed out to Dr. Tyree that 60%, of this head -10 parking exists in the right-of-way and only 40% is actually on his propel IY• lo one else spoke in regard to the preliminary assessments. motion was made by Council Member Kennedy that the hearing be closed, .-- seconlied by Council Member Hawkins, and passed unanimously. f:ity SecretarY Read pointed out to the Council that the closing of Lawnliew Street was a separate public hearing, and Mayor Jones inquired if ode wanted to speak in regard to the street closing who had not already any done bo• Mrs. George Aboud expressed' opposition to the closing because she was of the cii1ini00 that the street is needed. Mr. Smith explained that the Staff has requested this street closing becailbe they are of the opinion that it is in the public interest to close it so the roblic will not have to maintain it and because of the odd -angle that it intercLcts with Sixth Street and Booty Street, pointing out that because the - is open, a five -point intersection is in existence. street one else spoke in regard to the street closing. /1 motion was made by Council Member Kennedy that the hearing be closed, seconfled by Council Member Hawkins and passed unanimously. .ssistant City Manager Lontos informed the Council that he and his Staff mend,,•rs will discuss all of the objections presented during the public hearing and Ive a recommendation on the agenda within two weeks. ,ites :ial Council Meeting _ .dtember 22', 1982. Page 8 There being no further business to come before the Council, on motion by Council Member Kennedy, seconded by Mayor Pro Tem Turner and passed unanimously, the Special Council Meeting was adjourned at 9:54 p.m., September 22, 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 contract 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 statements, 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 benefited by the construction of said improvements upon the said streets upon which 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 proceedings were being had, and the proceedings of said City Council heretofore had with reference to such improvements, and in all respects to be valid and regular; and said City Council did further find upon said evidence that the assessments hereinbelow made and the charges hereby declared against said abutting property on the 4 portions of the streets hereinabove described, within the limits defined, and the real and true owner or owners thereof, are just and equitable and did adopt the rule of apportionment set out below and the division of the cost of said improvements between said abutting properties, and the real and true owner or owners thereof, as just and equitable, and as producing substantial equality considering the benefits to be received and the burdens imposed thereby, and that all objections and protests should be overruled and denied except the corrections and changes as appear on the final assessment roll included in this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That there being no further protest or testimony for or against said improvements, said hearing granted to the real and true owners of abutting property on said streets, within the limits above defined, and to all persons, firms, corporations and estates, owning or claiming same or any interest therein, be and the same is hereby closed and all protests and objections, whether specifically mentioned or not, shall be, and the same are hereby overruled and denied. SECTION 2. That said City Council hereby finds and determines upon the evidence heard in reference to each and every parcel or property abutting upon the aforesaid streets, within the limits defined, that the special benefits in the enhanced 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 heretofore had with reference to said improvements are in all respects regular, proper and valid, and that all prerequisites to the fixing of the assessment liens against said abutting properties, as hereinabove described and the personal liability of the real 5 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 provisions 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 proceedings 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: 6 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 7 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: August 18, 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 8 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: August 18, 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 9 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 10 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 day of October, 1982. ATTEST: / All' LA Secre ry AP ED: AY OF 1;1115, , 19gY : J. BRUCE AYCOCK, CITY ATTORNEY MAYOR THE CI OF CORPUS CHRISTI, TEXAS 11 t Corpus Christi, xas 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, Respectfully, Council Members MAYOR 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: 17297 AN ORDINANCE CLOSING THE HEARING ON STREET IMPROVEMENTS FOR THE FOLLOWING STREETS: Spohn Hospital Area 1. Furman Street, from South Staples Street to South Caranchua Street, 2. Hancock and Buford Streets, from South Staples Street to Santa Fe Street, 3. Booty Street, from South Staples Street, 4. Third Street, from Ayers Street to 5. Fifth Street, from Booty Street to 6. Sixth and Seventh Streets, from Hancock Street; Street to Ayers Morgan Avenue, Craig Street, and Ayers Street to FIXING A LIEN AND CHARGE, THE MANNER AND TIME OF PAYMENT AND COLLECTION; AND DECLARING AN EMERGENCY. WHEREAS, the City Council of Corpus Christi, Texas, by duly enacted ordinance passed and approved on the 18th day of August, 1982, determined the necessity for, and ordered the improvement of the following streets: Spohn Hospital Area 2. Street to Santa Fe Street, 3. Booty Street, from South Staples Street, 4. Third Street, from Ayers Street to 5. Fifth Street, from Booty Street to 6. Sixth and Seventh Streets, from Hancock Street; Furman Street, from South Staples Street to South Caranchua Street, Hancock and Buford Streets, from South Staples Street to Ayers Morgan Avenue, Craig Street, and Ayers Street to in the manner and according to the plans and specifications heretofore approved and adopted by the City Council by ordinance dated August 18, 1982, 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, the said City Council has caused the Director of Engineering 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 heretofore 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 :17297 MICROFILMED •SEP .4, W84 .SEP 28 1984 *J. WHEREAS, said City Council, by duly enacted ordinance dated August 18, 1982, 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 ordinance dated August 18, 1982, did order and set a hearing to be held at 7:00 p.m. on the 22nd day of September; 1982, at Council Chambers at City Hall in the City of Corpus Christi, Texas, for the real and true owners of the property 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 concerning 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 ad 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 hearing, 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 provided by law and the Charter of the City of Corpus Christi, said hearing of which notice was given, was opened and held on September 22, 1982, in the Council Chambers at City Hallin the City of Corpus Christi, Texas, in 2 4 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 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: 3 MINUTES CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING September 22, 1982 7:00 P.M. PRESENT: Mayor Luther Jones Mayor Pro Tem Betty N. Turner Council Members: Herbert Hawkins Dr. Charles W. Kennedy ABSENT: Council Members: Jack K. Dumphy Bob Gulley Cliff Zarsky 01..; City Manager Edward Martin Ass't. City Attorney Bob Coffin City Secretary Bill G. Read Mayor Luther Jones called the meeting to order in the Council Chamber of City Hall and stated that the purpose of the special meeting was to conduct public hearings on assessments associated with the Spohn Hospital Area Street Improvement Project and the closing of Lawnview Street from Booty Street to Ayers Street. City Secretary Bill G. Read called the roll of required Charter Officers and verified that the necessary quorum was present to conduct a legally constituted meeting. Assistant City Manager James K. Lontos stated that this hearing is required by State Law to present evidence and testimony to enable the City Council to make a decision in regard to the adoption of the assessment roll. Mayor Jones explained the source of the funds for this project, noting that it will be financed through bonds, property ownersassessments, and Community Development Block Grant funds. Assistant City Attorney Bob Coffin conducted the formal portion of the hearing and called as his first witness Mr. Gerald Smith, P.E., City Engineer. Through questioning of the witness, Mr. Coffin ascertained that Mr. Smith has been in the Engineering Department of the City of Corpus Christi for Minutes Special Council Meeting September 22, 1982 Page 2 approximately 221 years and verified that a copy of Mr. Smith's qualifications in resume form is on file in the Office of the City Secretary. Mr. Smith then explained the scope of the project and stated that the following streets are included in the project: 1. Furman Street, from South Staples Street to South Carancahua Street, 2. Hancock and Buford Streets, from South Staples Street to Santa Fe Street, 3. Booty Street, from South Staples Street to Ayers Street, 4. Third Street, from Ayers Street to Morgan Avenue, 5. Fifth Street, from Booty Street to Craig Street, and 6. Sixth and Seventh Streets, from Ayers Street to Hancock Street; Mr. Smith informed the Council that the streets will be constructed by excavation to a width and depth to permit the laying of a standard curb and gutter section, 6" compacted subgrade, 8" compacted caliche base, and 11" or 2" type "D" Hot Asphaltic pavement. I -le explained that the streets will be 28', 31.5', 35', 36', 38' or 40' wide within the existing right-of-way; there will be 4' or 5' wide reinforced concrete sidewalks 4" thick and 6" thick reinforced concrete driveways. He located these streets on a transparency. Mr. Smith then explained the proposed closing of one block of Lawnview Street from Booty to Ayers Streets, stating that the reason for this proposed street closing was to eliminate this extension of Lawnview Street into the intersection of Booty and 6th Street. Mr. Smith also informed the Council that old streets will be removed and replaced; some of the streets will have utilities removed and replaced; but some of the concrete streets will be improved rather than completely replaced. Mr. Smith stated bids were received on this project on August 4, 1982 and APCCO was the low bidder on the project with their total bid being $1,400,087.10. He explained that the contract calls for 180 working days and should be completed in approximately nine months after contract award. He stated that the total of the preliminary assessments is $441,005.45 and the City's portion of the project is $959,081.65. Mr. Smith explained the assessment rates and stated that most of the property will be fully assessed at the commercial rate since nearly all of the property is zoned for "AB" or business zoning. He stated that there are no residential assessments except for a few churches. He explained that the assessment rate for curb, gutter and pavement will vary from $12.49 per linear foot to $19.50 per linear foot, depending upon the width of the street; ltes _Ida! Coundil Meeting September 22, 1982 Page 3 sidewalks will be assessed at $1 per square foot and driveways will be assessed at $3.29 per square foot. Mr. Smith stated that the payment of the assessments will not be due until after completion of the project and that payments may be made over a five year period at an interest rate of 6i$ or in cases of extreme hardship, the period of the time may be extended to ten years. Mr. Smith referred to existing pavement and stated that credits would not be given in most cases since most of the existing improvements are over thirty years old. He stated, however, that those that are constructed with concrete will receive credit. Mayor Pro Tem Turner inquired about head -in parking. Mr. Smith pointed out the areas affected and explained that head -in parking will not be included on the street improvements. Mr. Lontos explained to the members of the audience whose property contained single-family dwellings that it would be possible to request change of zoning to "R-18" on their property in order to reduce the amount of the assessments. He stated that the Staff will assist those who wish to do this. Assistant City Attorney Coffin called as his next witness Mr. William J. Holly, Real Estate Broker; and Appraiser. 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. Mr. Coffin 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 Spohn Hospital Area Street Improvement projects and that he has examined each and every parcel of land. He explained that he had found four pieces of property that might be considered odd -shaped, and mostly triangular properties on which he recommended the following reductions: Item No. 99, J. D. Doyle, suggested reduction, $852.15; Item No. 255, Chapel of Spiritual Light, suggested reduction, $218.53; Item No. 256, James I. Tyree, M.D., suggested reduction, $303.38; and Item No. 257, William and Tony Bonilla, suggested reduction, $339.35. Mr. Holly testified that, with the exception of those four pieces of property, all of the other property, in his opinion, will be enhanced at least in Special Council Meeting September 22, 1982 Page 4 the amount of the assessment, including the areas that now have head -in parking. Mayor Jones, noting the large number of people in the audience, called for a show of hands of those who are opposed to the project and a large majority indicated their opposition. Mayor Jones then called for comments from the audience on these preliminary assessments. Mrs. Jan Jack, representing South Texas Planned Parenth000d, stated that they had purchased their facility in 1976 and have since spent over $30,000 improving the property. She stated that they now have asphalt driveways, curbs and gutters but the City plans to move the curb but declined to give credit for their curb. She also stated that the plans call for the elimination of some of their driveways which would cut off their ingress and egress. She stated that the reason for this was that the Staff felt that the driveways were too close to the intersection. Mrs. Jack summarized by stating that they wanted credit for their existing curbs and that their driveways not be eliMinated. Mayor Pro Tem Turner suggested that the Staff meet with representatives of this organization to work out these problems. Speaking in opposition to the project because the planned sidewalks will be too close to their houses were Mrs. Betty Stinson, 910 Booty Street, Mrs. Argentina Hernandez, 923 Booty, and Mrs. Carmen Cortez, 922 Booty. They also stated that they could not afford to pay the assessments. Mrs. Alvin A. Machalac, 1609 Sixth Street, expressed opposition to the installation of the sidewalk which will be too close to her house and also stated that she opposed the closing of Lawnview Street. She stated that she would not object too much to a curb/sidewalk combination. Council Member Kennedy inquired about the effect that exluding the sidwalks on Booty Street would have on the project. The Staff indicated they would study this suggestion. Mr. George Aboud, who owns property on Sixth Street, expressed opposition to the closing of Lawnview Street because he was of. the opinion it would increase traffic on Sixth Street. He stated that his house is the only one on this portion of the street and the remainder is a parking lot. Mr. Aboud also stated that he was opposed to the sidewalk installation because there utes cial Council Meeting ,itember 22,, 1982. Page 5 is at this time existing curb, gutter and sidewalks on this street. Mrs. George W. Jordan, Jr., who owns property on Buford Street, stated that there is an existing sidewalk for which no credit will be given and her place of business which is the CompuCenter will lose head -in parking after the streets are improved. Mrs. Sam Hornish, 915 Furman Street, stated that she is in favor of the proposed improvements but inquired as to why no new water lines are being installed as a part of the project. Mr. Smith indicated that he would investigate that aspect of the project. Mrs. Catalina Martinez, 1309 Sixth Street, expressed opposition to the percentage of the assessments, indicating that she felt that the property owners were paying too large a portion of the total project. Mr. Jose L. Guerra, 1223 Sixth Street, stated that he already has curbs, gutters and sidewalk and he objected to installation. Mr. Smith pointed out to Mr. Guerra that he was not being charged for the curb, gutter and pavement. Mr. Walter Wenger stated that he was in favor of the street improvement project. Also speaking in favor of the improvements was Mr. Bruce Garvin Whitman, who owns property on Sixth Street. Mrs. Bella M. Esquivel, 1330 Seventh Street, stated that she is opposed to paying the assessment rate for commercial property since her property now has a single-family dwelling on it. She informed the Staff that she would like to reduce the zoning on her property to "R -1B11. Mrs. Esquivel was told to discuss this with the Staff in regard to the procedure for downzoning property in this area. Mr. Carlos Guerguin, who owns property on Third Street, objected to the plan to eliminate head -in parking. He expresssed the opinion that this would decrease the value of his property rather than increase it. Mr. Bill Demestihas, who owns property at 823 Furman Street, informed the Council that this is the old Singer Home, and according to the contract with the City, it is restricted to single-family dwelling. He questioned the zoning that exists on the property. Mr. Smith informed Mr. Demestihas that he would investigate this. Mr. Clifford Lee, who owns a floral shop in the area, objected to the elimination of head -in parking in front of his place of business. He stated • • Minutes Special Council Meeting September 22, 1982 Page 6 that he will lose five parking spaces, and even though he will have parallel parking in front of his shop, he was apprehensive that someone could park there all day and his customers would have no place to park. Mr. Tom Stewart, Director of Traffic Division, stated that the parking spaces in front of Mr. Lee's business could be marked for one hour or 30 minute parking zones and there is a police patrol in ,the area to enforce such -limitations. Mrs. Mary McCorkle, representing the owners of several pieces of property in the area, expressed opposition to the plan to. construct 6" thick driveways, which is required in commercial property. She stated that they would prefer to have residential type driveways. Mr. Smith explained to Mrs. McCorkle that the difference in cost would only be about $40 and that he would meet with the owners to resolve this problem. Mr. James H. Throop, who owns property on Seventh Street, objected to the planned width of that street which will be 38'. He expressed the opinion that this is too wide for this area and will generate a great deal of traffic. Mr. S. J. Becker, 1201 Seventh Street, objected tearing out the existing sidewalks and driveways unless credit is given for them. Dr. T. M. Bailey, 1001 Santa Fe, objected to the elimination of head -in parking in front of his office building but indicated that he will talk to the City Staff about this problem. Also objecting to the percentage of the assessments was Mr. Arturo P. Martinez, 1309 Sixth Street. Speaking in favor of the project was Mrs. Jane H. Mays, who owns property on Fifth and Seventh Streets and who indicated that she was satisfied with her assessments. Speaking in opposition to the entire project was Mr. Cecil C. Jenkins, 1119 Sixth Street. He specifically objected to the fact that no credit will be given for existing curbs and also objected to his assessment as commercial zoning since he has a residence located there. Mr. Jenkins was referred to the City Staff to consider the possibility of requesting a lower zoning for his property. Mr. Paul N. Jordan, who owns two pieces of property on Sixth Street, stated that he had already paid for curbing for these pieces of property. He requested that credit be given for the curbs that exist in front of his property M"-tulas 101 Council. Meeting ,mber 22, 1982 V- .ye and ),a was informed that the Staff will work with him to determine if it has been loid for• pdso speaking in opposition to the entire project was Mr. Bob Keeling, who exprpbsed the opinion that there is no need for these street improvements in this erea and suggested that the money be spent in some other area. He exprpssed the opinion that the value of the propertY will not be enhanced by these improvements; taxes are already too high; and their property should not be zoned commercial. Ors. Dorthalee Rittgers, 1517 Sixth Street, expressed approval of the project but stated that she is opposed to the closing of Lawnview. She alleged that ner sidewalk is good and that she should be given credit for it. sr. James I. Tyree, 1209 Santa Fe, informed the Staff that he would like to rei,iin his head -in parking. It was pointed out to Dr. Tyree that 60% of this parking exists in the right-of-way and only 40% is actually on his propellY• ilo one else spoke in regard to the preliminary assessments. motion was made by Council Member Kennedy that the hearing be closed, -- seconded by Council Member Hawkins, and passed unanimously. i:ity Secretary Read pointed out to the Council that the closing of Lawnliew Street was a separate public hearing, and Mayor Jones inquired if anynoe. wanted to speak in regard to the street closing who had not already done bo• Mrs. George Aboud expressed. opposition to the closing because she was of the Oinion that the street is needed. Mr. Smith explained that the Staff has requested this street closing becaili:;e they are of the opinion that it is in the public interest to close it so the 1sbliCwill not have to maintain it and because of the odd -angle that it inter:.-i.f.ts with Sixth Street and Booty Street, pointing out that because the is open, a five -point intersection is in existence. streel 114, one else spoke in regard to the street closing. /1. motion was made by Council Member Kennedy that the hearing be closed, seconiled by Council Member Hawkins and passed unanimously. /-ssistant City Manager Lontos informed the Council that he and his Staff memb.a s will discuss all of the objections presented during the public hearing love a recommendation on the agenda within two weeks. and I ,ites .:ial Council Meting .ptember 22', 1982. Page 8 There being no further business to come before the Council, on motion by Council Member Kennedy, seconded by Mayor Pro Tem Turner and passed unanimously, the Special Council Meeting was adjourned at 954 p.m., September 22, 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 contract 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 statements, 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 benefited by the construction of said improvements upon the said streets upon which 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 proceedings were being had, and the proceedings of said City Council heretofore had with reference to such improvements, and in all respects to be valid and regular; and said City Council did further find upon said evidence that the assessments hereinbelow made and the charges hereby declared against said abutting property on the 4 portions of the streets hereinabove described, within the limits defined, and the real and true owner or owners thereof, are just and equitable and did adopt the rule of apportionment set out below and the division of the cost of said improvements between said abutting properties, and the real and true owner or owners thereof, as just and equitable, and as producing substantial equality considering the benefits to be received and the burdens imposed thereby, and that all objections and protests should be overruled and denied except the corrections and changes as appear on the final assessment roll included in this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That there being no further protest or testimony for or against said improvements, said hearing granted to the real and true owners of abutting property on said streets, within the limits above defined, and to all persons, firms, corporations and estates, owning or claiming same or any interest therein, be and the same is hereby closed and all protests and objections, whether specifically mentioned or not, shall be, and the same are hereby overruled and denied. SECTION 2. That said City Council hereby finds and determines upon the evidence heard in reference to each and every parcel or property abutting upon the aforesaid streets, within the limits defined, that the special benefits in the enhanced 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 heretofore had with reference to said improvements are in all respects regular, proper and valid, and that all prerequisites to the fixing of the assessment liens against said abutting properties, as hereinabove described and the personal liability of the real 5 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 provisions 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 proceedings 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: 6 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 7 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: August 18, 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 8 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: August 18, 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 9 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 10 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 ATTEST: day of October, 1982. / IV ary APRQ.LED: AY OF , 19gY : J. BRUCE AYCOCK, CITY ATTORNEY By..Aiillaaltrn1(tdsy^, MAYOR 11 THE CI OF CORPUS CHRISTI, TEXAS Corpus Christi, xas )...n. day of dold-i. , 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 The above ordinance Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky Respectfully, MAYOR THE CITY OF CORPUS CHRISTI, TEXAS was passed by the following vote: 1729'7