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HomeMy WebLinkAbout17591 ORD - 05/11/1983AN ORDINANCE CLOSING THE HEARING ON STREET IMPROVEMENTS ON THE FOLLOWING STREET: South Padre Island Drive, S.H. 358, North and South Frontage Roads and Bridge Approaches to Cayo Del Oso Bay; 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 30th day of March, 1983, determined the necessity for, and ordered the improvement of the following streets: South Padre Island Drive, S.H. 358, North and South Frontage Roads and Bridge Approaches to Cayo Del Oso Bay; in the manner and according to the plans and specifications heretofore approved and adopted by the City Council by ordinance dated March 30, 1983, 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 City Engineer 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 City Engineer 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 March 30, 1983, 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 April 6, 1983, did order and set a hearing to be held at 3 p.m. on the 27th day of April, 1983, in the City Council Chambers 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, 127591 . Lau SEP 2 8 1984 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 April 27, 1983, in the City Council Chambers 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: 2 rtes gular Council Mbeting April 27, 1983 Page 13 * * * * * * * * * * * Mayor Jones called for Action by Ordinance from the Regular Agenda on Items 26 and 27. There were no comments on these ordinances; City Secretary Read polled the Council for their votes; and the following ordinances were passed: 26. ORDINANCE NO. 17581: AUTHORIZING THE EXECUTION OF A CONTRACT WITH W. P. WILLS, CONSULTING ENGINEER, FOR A DESIGN OF RUNWAY AND TAXIWAY IMPROVEMENTS AT CORPUS CHRISTI INTERNATIONAL AIRPORT; APPROPRIATING $101,436 FOR THIS AGREEMENT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Kennedy and Zarsky voting, "Aye"; Hawkins, "absent". 27. FIRST READING: CLOSING THE 1200 THROUGH 1500 BLOCKS OF NORTH SHORELINE BOULEVARD, SOUTHBOUND DIRECTION OF TRAVEL FROM 8:00 A.M., MONDAY, JULY 11, 1983, THROUGH NOON TUESDAY, JULY 19, 1983; AND CLOSING THE 1200 THROUGH 1500 BLOCKS OF NORTH SHORELINE BOULEVARD, NORTHBOUND DIRECTIONS OF TRAVEL FROM 6:00 P.M., FRIDAY, JULY 15, 1983, THROUGH MIDNIGHT SUNDAY, JULY 17, 1983; PERMITTING THE MEXICAN UNITY COUNCIL THE USE OF STREETS, SIDEWALKS, MEDIANS AND SEAWALL TO HOST A FERIA HISPANICA FESTIVAL ON JULY 15, 16, AND 17, 1983; AUTHORIZING EXECUTION OF ATTACHED APPLICATION/PERMIT; PROVIDING AN EFFECTIVE DATE FOR PUBLICATION; AND PROVIDING FOR SEVERANCE. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Dumphy, Gulley, Kennedy and Zarksy voting, "Aye"; Hawkins, absent. Mayor Jones announced the public hearing on the following matter: 28. 3:00 p.m. - Preliminary assessment roll for the Cayo Del Oso Bridge and Frontage Road improvements project on South Padre Island Drive providing for assessments of $15,918.44 for the six items on the roll. City Attorney J. Bruce Aycock conducted the formal portion of the hearing on the preliminary assessment roll and called as his first witness Mr. Gerald Smith, P.E., City Engineer. Through questioning of the witness, Mr. Aycock determined that Mr. Smith has been employed by the City of Corpus Christi for 231 years and that he has rtes .._gular Council Meeting April 27, 1983 Page 14 on file in the City Engineering Department a copy of his resume listing his qualifications. Mr. Smith explained that this project includes improvements to State Highway 358 and provides for a concrete bridge across Cayo del Oso Bay. He stated that the bridge will be three lanes on the west side and a three -lane bridge on the other side and a protected 7' wide bicycle path in the east lane. He explained that approximately 2,000' will be constructed on the approaches to the bridges and theowners of property abutting the approaches will be assessed for the improvements. He noted that there are only six items on the assessment roll for curb, gutter and pavement; there are no sidewalks to be constructed; there will be a 30' wide frontage road; and only one piece of property has a driveway. He explained that the cost for the curb, gutter and pavement will be $9.72 per linear foot and the total assessment will be $15,760.76 with the City's cost established at $64,659.24. Mr. Smith continued by stating that F & E Erector Company, Inc. was the low bidder on the project and they expect to complete it in November of 1984. City Attorney Aycock inquired if a cost estimate had been prepared, and Mr. Smith replied that the State Department of Highways and Public Transportation made a cost estimate prior to the bid date. He replied to Mr. Dumphy's question in regard to the gas line in the vicinity and stated that there are no plans to move the line. City Attorney Aycock called as his next witness Mr. William J. Holly, Broker and Appraiser. Through questioning of Mr. Holly, Mr. Aycock ascertained that he is qualified to serve in the capacity of appraiser for the City; that he is thoroughly familiar with the property involved in this project; and that he has on file in the Engineering Office a copy of his resume listing his qualifications. Mr. Holly testified that he is familiar with the real estate values in the City of Corpus Christi and that he has examined each and every piece of property included in this assessment roll. Mr. Holly testified that there are no odd -shaped pieces of property and all of the property will definitely be enhanced at least in the amount of the assessments. Mayor Jones ascertained that no one in the audience wished to speak on this matter. A motion was made by Council Member Dumphy that the hearing be closed, seconded by Mayor Pro Tem Turner, and passed unanimously. * * * * * * * * * * * Mayor Jones announced the public hearings on two zoning applications. 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 3 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 4 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: 5 FINAL ASSESSMENT ROLL SOUTH PADRE ISLAND DRIVE (S.H. 358) CAYO DEL OSO BRIDGE AND FRONTAGE ROAD MAY 4, 1983 This project includes improvements to State Highway 358 and provides for a concrete bridge across Cayo del Oso Bay. The bridge will provide for four lanes of traffic divided by a center median barrier. Frontage roads will,be constructed along each side of the highway. These roadways will be 30 feet in width to accommodate two lanes of traffic and will be constructed with an 8" lime stabilized subgrade, 20" flexible base, 01" asphalt stabilized base, 1 3/4" Type "B" Hot Mix and a 11" Type "D" Hot Mix asphaltic surface. A 6" curb and a 11' concrete gutter section will be constructed on the outboard side and a machine laid header curb constructed on the inboard side of the frontage roads. This project is being constructed jointly 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 F & E Erector Company, Inc. and the City's current assessment policy, abutting property owners are assessed at the follow- ing rates: Bid Price Assessment Rate Curb and Gutter $9.72 L.F. $9.72 L.F. Driveways $2.16 S.F. $2.16 S.F. Total Roadway Bid Price State & Federal Share Final Assessments City Share Gs/dl $5,916,515.00 $5,836,295.00 $ 15,760.76 $ 64,459.24 Gerald Smith, P.E. City Engineer t r ; ITEM Nn. ,,, DESCRIPTION-, , OWNER AND .':::-5.•.-,,QUANTITY,,, . CF -- ,-.2::,:: ,,_ pRript-PTV nFScrirPiTnm ' Accrqs.n ' '4ScFccMPNT .--,, -,,,.- , ,-, ,...-'.,,-.. . POTE AmNINT TOTAL --,- r• AMOUNT ASSFRcEn ' • . ASSESSMENT ROLL CLOSING HEARING SOUTH PADRE ISLAND DR ,- ,,. 7791 APIDCF ArrFCS nnAn -. -,-. • . , --.., , ,-IGTN vliTy sulF _ IlqIN STATTCN 123+22 . _ ...., C,,CKFIIL 7,9.00 L.F.0 n R PVT. 9.72 2.137.00 [ 3201 S.P.I.O. 78418,,,,70-. , L.F.C.G./ POIT. LOT 2, 3, 1 4 . , LEXINGTON INDUSTRIAL CENTER'' ---C- S.F. S/W -0- -0- -0- 4-5 917 11,0_10,_D2A._1=21 2 16 I 580 22 -73- . 4 167 72 -n- s.r..41/6 -0- , 2 CITY CF CORPUS CHRISTI - 343 00 1.8.04.1 PVMT. -0- -0- -6- L.F.r 0 -0- -0- -0- I LEXI.N. .1 -. 0. ,./r1 -1- S.F. 9/4 , -:'.• 00 cAvr DFL CSO BRIDGE 3 , - U.S. NAVY '- 700.00 L.F.0.G./ PVMT. -0- . -C- L.F.73„G.1 PVT. -0- -0- -0- -0- -C- .F._5.j6 -1.- S.F. S/w , - - -0- S.F. 0/24 . _ .. . -0- S.F. 0/4 -0- -0- -0- -0- • 00 81,0 .501.1H SIDE ENO C 1 G STA. 178.00 79 c SA 12 0 I( MAY 4, 19,13 PAGE 2 ci TOTAL -..,,I ITEm , ' OWNER AND 4,,, ,:j3 - QUANTITY . ,, . OF AMOUNT ( , NO. PROPERTY OESCRIPTTCN ASSESSED ASSESSMENT RATE - AMCUNT -- ASSESSED A BEGIN NORTH SIDE ,-,-,___,.:,,,:::::_,;,:,,:,DEOIN STA. 121+80 I: ( , 4 140 TEL 05LJ_IIFES 55h.00 L,F4,jjC PV9T. 9.72 5812.56 514 GUARANTY BANK .LAZA -C- L.F.C.G.0 PUNT. -0- -0- LCFPUS CHRISTI 78425 ,„, --C- S.F. S/W - -0- -0- q LOT 1-4 BLK 1 ' , , ,!,:: L. -:,--, -0- S.F. S/W -0- 1E4PC9T MARINA ESTATES ' - -0- S F D/W -0- L 5,812.56 -'----CAYC DEL CSO BRIDGE i 5 4I11I81 3 BONILLA 431.70 L.F.C.G.0 P1/47. 9.72 4,196.12 11 LOT A BLK 3 II / SOUTHBAY ANNEX - -0- ' S.F. S/W § '-4 -C- S.F, 0/4 -0- -0- 1 — -r- i F D/w -0- -0- 1 4,196.12 I P ( UNN14E0 DEDICATED STREET 6 '.N.ITED MESTORS 167.00 1.F.5.0.0 PVMT. 9.72 1,584.36 C/O RALPH COCK . - -0- L.F.C.G.0 PVMT. _ PO SOX 3124 78412 ' . . , -C- S.F. UN -0- LOT A BLK 2 ' -C- S.F. S/W ..0.. SCUTHEAY ANNEX -C- S.F. D/W -0- -0- -0- S.F. 0/W -0- -0- 1,984.36 4 1r c 3' Cc ONO NORTH SIDE 13N STATION 175.00 END PROJECT TOTAL ASSESSMENTS 44* 15,760.741,w c c c L.. 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 City Engineer upon completion of said work on said street, and the findings of the City Engineer 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 expenses of collection, if incurred, are hereby declared to be made a first 6 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: April 6, 1983, 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 eight percent (8%) 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 7 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: April 6, 1983, 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 8 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 City Engineer 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 9 passed and shall take effect upon first reading as an emergency measure this the llth day of May, 1983. ATTEST: it ec ry APP VED: dIADAY OF J. BRUCE AYCO K, ,1903 : TTORNEY MAYOR 10 THE CITY i CORPUS CHRISTI, TEXAS Corpus Christi, Tex��sjj // day of /�1LLt�i , 1983 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 an the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members / / 'OF CORPUS CHRISTI, TEXAS MAYOR THE C The above ordinance was passe the following vote: Luther Jones Betty N. Turner �. Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky 17591