HomeMy WebLinkAbout17389 ORD - 12/15/1982AN -ORDINANCE
CLOSING THE HEARING ON STREET IMPROVEMENTS FOR AIRLINE
ROAD, FROM W-ILLIAMS DRIVE TO HOLLY ROAD; 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 27th day of October, 1982, determined
the necessity for, and ordered the improvement of Airline Road, from Williams
Drive to Holly Road, in the manner and according to the plans and
specifications heretofore approved and adopted by the City Council by
ordinance dated October 27, 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
WHEREAS, said City Council, by duly enacted ordinance dated
October 27, 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
October 27, 1982, did order and set a hearing to be held at 3 p.m. on the 8th
day of December, 1982, at the City 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 awning 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,
MICROFILMED
SEP28`9A4
17389
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 December 8, 1982, in the
City Council Chambers at City Hall in the City of Corpus Christi, Texas, in
accordance with said ordinance and notice, at which time an opportunity was
given to all said abovementioned persons, firms, corporations and estates,
their agents and attorneys, to be 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:
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
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
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:
FINAL ASSESSMENT ROLL
AIRLINE ROAD
FROM WILLIAMS DRIVE TO HOLLY ROAD
This project shall include improvements to Airline Road within the limits
described and provides for excavation to a width and depth to permit the
construction of a 62 foot wide street (back to back of curb) within the
existing 80 foot wide right-of-way. The improvements include a standard
6" curb and gutter section, 6" thick stabilized subgrade, 8" thick flexible
base (caliche), 5-3/4" asphalt stabilized base, and 1-1/4" of Hot Mix
asphaltic pavement. There will be 4' wide reinforced concrete sidewalks,
4" thick and 6" thick reinforced concrete driveways as shown on the plans.
This project is being constructed by the City and the State Department of
Highways and Public Transportation and is an improvement assessment project.
Based on the low bid submitted by Heldenfels Brothers, Inc., and the City's
current assessment policy, abutting property owners are assessed at the
following rates:
Curb, Gutter & Pavement
Sidewalk
Driveways
Bid Price Assessment Rate
$52.66 L.F.
$ 1.27 S.F.
$ 2.64 S.F.
Residential Property, Schools & Churches
Curb, Gutter & Pavement
Sidewalks
Driveways
Total Bid Price
State & Federal Portion
Final Assessments
City Share
GS:das
$863,313.77
$535,393.77
$113,957.03*
$213,962.97*
$19.50 L.F.
$ 1.00 S.F.
$ 2.64 S.F.
$ 9.75 L.F.
$ 1.00 S.F.
$ 2.64 S.F.
Gerald Smith,
City Engineer
P.E.
DECEMBER• 15, 1Q142
PAC.P 1
ITEM OWNER AND
NQ. PROPERTY DESRI_PTION
QUANTITY
ASSESSED
DESCRIPTICN
OF
ASSESSMENT
RATE AMOUNT
TO TA L
AMOUNT
ASSESSED
ASSESSMENT ROLL CLOSING HEARING
AIRLINE ROAD •
WILLIAMS DR. TO HOLLY RD
AIRLINE ROAD
BEGIN EAST SIDE
1 ARNOLD RITTER EQUIP CO.
C/O B.W. MAYDEN
BOX 8314 78412
154.67 L.F.C.G.F PVMT. 19.50
-0- L.F.C.G.E PVHT. -0-
* 406.10 S.F. Slit .50
3.016.07
-0-
203.05
LOT 1 BLK 1
CANDLEWOOD UNIT 4
8-1, COMM. BLDG.
-0- S.F. S/W
334.20 S.F. D/W 1-30C
-0- S.F. 0/W
-0-
2.64
-0-
-0-
882.29
- 0-
*S/W 15 YR LIFE REMAINS
4.101.41
2 RO EL MARTINEZ
6101 BIRCHWOOD 78412
LOT 2 BLK 1
CANDLEWOOD UNIT 4
R- 18, 1 RES UNI T
**
10.00 L.F.C.G.E PVMT. 9.75
105.00 L.F.C.G.E PVMT. 4.88
-0- S.F. S/W
-0- S.F. S/W
-0- S.F. 0/W
*CR EXST S/W
**RTN ON BIRCHWOOD
-0- S.F. D/W
-D-
-0-
-0-
-0-
97.50
512.40
-0^
-0-
-0-
- 0-
609.90
BSRCHWOCO OR. IAT ERSECTION
3 MANUEL DAIZ ET UX
** 10.00 L.F.C.G.E PVMT. 9.75•
97.50
723 ALAMEDA 78412
LOT_ 1 BLK 3
CANDLEWOOD UNIT 4
100.00 1...F.C.6.E PVMT.
* 80.00 S.F. S/W
^0- S.F. SFW
4.88
.25
^0^
488.00
20.00
R-1B, 1 RES UNIT
*CR EXST S/W
20 LF S/W AT 15/30 LIFE
**RTN ON BIRCHWOOD
- 0- S.F. 0/W
- 0- S.F. 0/W
-o-
-0-
05.5
4 STEVEN L. KEYES ** 10.00
S 6102 ORANGEW000 78412 100.00
LOT 79 BLK 3 * 400.00
CANDLENOOD UNIT 4 -0-
R- 1B, 1 RES UNIT -0-
*CR S/N 15/30 LIFE ^0^
**RTN ON ORANGEWOOD
L.F.C.G.E PVMT.
L.F.C.G.E PVMT.
S.F. S/W
SwF. SIN
S.F. DIW
Sof* . 0/W
9.75
4..88
.25
97.50
488.00
100.00
-0-
*0*
-0-
685.50
DECEMBER 15: 1982
PAGE
ITEM OWNER AND
40. PROPERTY DESCRIPTION
QUANTITY
ASSESSED
DESCRIPTION
OF
ASSESSMENT
RATE AMOUNT
TOTAL
AMOUNT
ASSESSED
ORANGEWOOD DR. INTERSECTION
5 ELLEN JOAN GRIFFITH
S 6102 ORANGEWOOD 78412
LOT 63 BLK 3
** 10.00 L.F.C.G.E PVMT. 9.75
100.00 L.F.C.G.0 FVMT. 4.88
* 112.00 S.F. S/W .25
97.50
488.00
28.00
CANDLEW000 UNIT 4
R- 1B: 1 RES UNIT
*CR S/W 15/30 LIFE
- 0- S.F. S/W
-0- S.F. 0/W
-0-
*RTN ORANGREW00D
613.50
6 ANGEL L. MATOS
6102 BEECHW00D 78412
LOT 62 BLK 3
CANDLE WOOD UNI T4
R- 1B: 1 RES UNI T
** 10.00 L.F.C.G.G PVMT.
100.00 L.f.C.G.6 PVMT.
- o- S.F. S/W
-a- S.F. S/W
-0- S.F. 0/W
CR . EXST S/W
**RTN ON BEEC HW000
- 0- S.F. D/W
9.75
4.88
-0-
-0-
-0..
-0-
97.50
488.00
-0-
-0-
-0-
-0-
585.50
BEECHWOCD DR. INTERSECTION
7 MAY BARRERA
** 10.00 L.F.C.G.S PVMT. 9.75
97.50
5 6101 BEECHWDOD 784/2
LOT I BLK 4
CANDLEW000 UNIT 4
100.00 t.f.C.G.6 PVMT.4.88
* 400.00 S.F. S/W .25
=0- S.F. S/W ' -0-
488.00,
100.00
*0‘.•
R-18,
0-
R-18, 1 RES UNIT
**RTN ON BEECHW000
*CR 15/30 LIFE
- 0- S.F. 0/W
- 0- S.F. 0/W
-0-
-0-
-0-
-0-
685.50
8
S
OSCAR CHAVAZOS JR.
6102 VINCENT DR. 78412
CANDLEWOOD UNIT 5
R -1B, 1 RES UNIT
*CR. EXST S/W
**RTN
** 10.00 L.F.C.G.G PVMT. 9.75 97.50.
100.00 L.F.C.G.0 PVMT. 4.88 488.00
* -0- ,F IW -0- -0-
-o- S.F. S/W -0- -0-
-o- S.F. 0/W -0- -o-
-0- S.F. 0/W-0-
585.50
•
1IFf FMRER 15, 19,17
PA&F
OESCRIPTICN TOTAL
OF AMOUNT
X0 PROPERTY DESCRIPTION ASSESSED ASSESSMENT RATE AMOUNT ASSESSED
IT EM OWNER AND QUANTITY
VINCENT DR. INTERSECTICN
9 J.C. HOGAN
S 2550 ROOD FIELD RD. 78412
LOT 1 BLK 5
CANOLEWOOD UNIT 5
R -1B, 1 RES UNIT
*CR EX
10.00 L.F.C.G.S PVMT.
100.00 L.F.C.G.S PVMT.
* -0- S.F. S/W
9.75
4.88
-0-
97.50
488.00
-0-
- o-
S.F. S/W
S.F. 0!W
-0-
-0-
-0-
-0-
585.50
10 DR. JIM P. ARCHER
S 5925 FARM RD 1863
RT 1 BOX 1249
12.00 L.F.C.G.S PVMT. 9.75
74.81 L.F.C.G.S PVMT. 4.88
18.00 S.F. S/W .37
117.00
365.07
6.66
BULVEROE 7X 78163
LOT 1 BLK 1
CANOLEW00D UNIT 7
-0- S.F. S/W -0-
78.03 S.F. 0!W 1-11 2.64
-0- S.F. 0/W -0-
-0-
206.00
-0»
**CR D/W 19/30 LIFE REMAINS
*18 LF S/W 19/30 LIFE
694.73
ER5KIA DP. INTERSECTION
11 ANTONIO J. PENA ET UX
S 6201 ERSKIN 78412
LOT 1 BLK 4
CANOLEW000 UNIT 7
R -1B. 1 RES UNIT
*CR EXST S/W
**RTN ERSKIN
** 19.00 L.F.C.G.S PVMT. 9.75
111.71 L.F.C.G.S PVMT. 4.88
185.25
545.14
-0- S.E. S/W -0-
-0- S.F. S/W -0-
- 0- S.F. D/W -0-
-0-
-0-
-0-
-0- S.F. D/W -0-
-0-
• 730.39
12 C.C. JOINT VENTURE
C/0 LAN BENTSEN
MANAGING GEN PRTNR
4600 POST OAK P j SUITE
HOUSTON TX 77027
LOT 15 BLK 4
CANDLEW000 UNIT 7
A-1,' PIN OAK APT S
552.96 L.F.C.G.S' PVMT. 19.50 - 10,782.72
-0- L.F.C.G.S PVMT. -0-
1.00
1,778.10 S.F. S/W
102 -0- S.P. S/W
317.20 SrJ. D/W 1^28C 2.64
634.40 S.F. D/W 2-28C 2.64
- 0-
1,778.10
- 0-
837.41
1,674.82
159073.05
DFC EMBER 15, 1982
PAGE 4
ITEM
NO.
OWNER AND
PROPERTY DESCRIPTION
QUANTITY
ASSESSED
DESCRIPTION
OF
ASSESSMENT
RATE AMOUNT
TOTAL
AMOUNT
ASSESSED
13 G.C. JOINT VENTIRE
LAN BENTSEN
MANAGING GEN PTNR
* 22.00 L.F.C.G.& PVMT., 19.50
840.00 L.F.C.G.& PVMT. 19.50
3,360.76 S.F. S/W 1.00
429.00
16,380.00
3.360.76
4600 POST OAK RD, SUI TE 102
HOUSTON TX 77027
LOT 26 SEC 13
-0-
-0-
_0-.
S.F. S/W
S.F. 0/W
S.F. D/W
F B E E F& G TRACT
A -1/B-4, VACANT,*RTN HOLLY
20.169.76 "
HOLLY RCAO INTERSECTION
ENO EAST SIDE
AIRLINE ROAD
AIRLINE RCAD
WILLIAMS DR. TO HOLLY RD
BEGIN WEST SIDE
14 ARLINE PARK LTD.
33.33 L.F.C.G.& PVMT. 19.50
649.94
C/O JASON R. ELTZRATH CO..
SOX 7368 78415
LOT 32 BLK 2
PVMT. -0-
13/3.32 S.F. S/W 1.00
-0- S.F. S/W -0-
-0-
133.32
GULFWAY AIRLINE PARK
5-1
-0- S.F. 0/W
-0- S.F. D/W
-0-
- 0-
- 0-
- 0-
783.26
15 SOUTHWEST BELL TELEPHONE
649.78 L.F.C.G.& PVMT. 19.50 12,670.71
C/O TAX DEPARTMENT
DRAWER 390
SAN ANTONIO TX 78206
- 0- L.F.C.G.& PVMT.
* 766.36 S.F. S/W
- 0- S.F. S/W
- 0-
1.00
-0-
- 0-
766.36
-0-
LOTS 142 BLK 1
5-1
*REDUCED BY COUNCIL
334.20 S.F. 0/W 1-300 2.64
170.96 S.F. 0/W 1-16C 2.64
882.29,
451.33
14.770.69
16 JOIN 4 HELEN TUCKER
3834 APOLLO ROAD 78415
LOT 3 BLK 1
722.79 L.F.C.G.& PVMT.
-0- L.F.C.G.& PVMT.
**2.451,16 S.F. S/W
WYMAN SUBD
A- 1
**CR 90 LF S/W
-0- S.F. S/W
289.96 S.F. D/W 1-30C
359.70 S.F. D/W 1-33C
CR 2/3 LIFE REMAINING
376.70 OTHER LF 1-350
19.50
-0-
.33
-0-
2.64
2.64
2.64
14,094.41
-0-
808.88
- o-
765.49
949.61
994.49
17.-612.80
DEC EMBER 15. 1982
PAGE 5
ITEM
DESCRIPTICN TOTAL
OWNER AND QUANTITY OF AMOUNT
BOP ERTY D 0
17 LAKEWOOD VILLAGE TOWNHOUSES
C/0 MANAGER
1925 AIRLINE 78412
914.72 L.F.C.G.B PVMT.
-0- L.F.C.G.E PVMT.
3.365.72 S.F. S/W
19.50 17.837.04
-0- -0-
1.00 3.365.72
REPLAT OF i4 1/2 LOT 26 &
PORTION LOT 27 SEC 13
F B A E F E G TRACTS
-0- S.F. S/W
362.26 S.F. 0/W 2-16C
" 291.70 S.F. D/W 1-25C
-0-
- 0-
2.64 956.37
2.64 770.09 '
R- 2. MULTI DWELLING
•
22.929.22
18 OSCAR & CLARICE SPITZ
2100 600 BLDG. 78401
* 32.00 L.F.C.G.6 PVMT. 19.50
489.84 PVMT. 19.50
624.00
9x551.88
LOT 2
R EPL AT W 1/2 LOT 26 E
PORTION LOT 27 SEC 13
1.959.36 S.F. S/W 1.00
-0- S.F. S/W -0-
-0- S.F. 0/W -0-
1.959.36
-0-
- 0-
F B LE F S G TRACTS
B- 1. VACANT
*R TN ON HOLLY
S.F. 0/W
-0-
12.115.24
HOLLY R. INTERSECTION
END WEST SIDE
AIRLINE RCAO
END PRCJECT
TOTAL ASSESSMENTS *** 113.957.03
J
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 eight
percent (8%) per annum with reasonable attorney's fee and all costs and
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: October 27, 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
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: October 27, 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
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
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 eff ct upon first reading as an emergency measure this
the /s day of , 1982-.
ATTEST:
ecretary
APP,1KAY: 19 V
AY OF ' ,
BRUCE AYCOCK, CITY ATTORNEY
MA
i
HE CITY 1 CORPUS CHRISTI, TEXAS
Corpus Christi, Texas _ -
J$ day of p .G�isx 198_
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; I/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
LA(
THE CIOr OF CORPUS CHRISTI, TEXAS
The above ordinance was passed • the following vote:
Luther Jones /,
Betty N. Turner 1.
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr. Or
Dr. Charles W. Kennedy r _
Cliff Zarsky
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