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HomeMy WebLinkAbout18729 ORD - 03/05/19851.071.04 , AN ORDINANCE CLOSING THE HEARING ON STREET IMPROVEMENTS ON THE FOLLOWING STREETS: River View Trail, from Smith Drive to River Forest Drive, AND FINDING AND DETERMINING THAT PROPERTY ABUTTING SAID STREETS WILL BE SPECIFICIALLY BENEFITED AND ENHANCED IN VALUE IN EXCESS OF COST OF THE IMPROVEMENTS AND LEVYING AN ASSESSMENT AND ADOPTING AN ASSESSMENT ROLL, AND DECLARING AN EMERGENCY. WHEREAS, the City Council of Corpus Christi, Texas, by duly enacted ordinance passed and approved on the 29th day of January, 1985, determined the necessity for, and ordered the improvement of the following streets River View Trail, from Smith Drive to River Forest Drive; n the manner c and according to the plans and specifications heretofore approved and adoptedby the City Council by ordinance dated January 29, 1985, 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 oe s thereof, and said City Engineer has heretofore filed said estimates anda 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 January 29, 1985, did determine the necessity of levying an ssa sme t for that portion of the cost of constructing said improvements onthe 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 January 29, 1985, did order and set a hearing to be held at 3.00 p.m. on the 26th day of February, 1985, in the City Council Chambers, 302 South Shoreline, 1n the City of Corpus Christi, Texas, for the real and t of the property abutting upon said within the limits above defined, re 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 oymer or owners thereof, and as to the special benefits to accrue to said abuttingproperty by virtue of said improvements, 1f any, o concerning any a invalidity, irregularity o deficiency in any proceedings, contract, to oapear, 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 lens MICROFILMED 1.071.04 to the oymers 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 11056 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 1l within the limits ofthe 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 bearing in the Corpus Christ, 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 11056, 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 February 29, 1985, In the City Council Chambers, 302 South Shoreline, in the City of Corpus Christi, Texas, in accordance with said ordinance and notice, at which time an opportunity w given to all said abavementioned 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 suttee Regular Council Meeting February 26, 1985 Page 12 23. FIRST READING AMENDING CHAPTER 53, TRAFFIC, BY MENDING SECTION 53-100, CERTAIN TRAILERS AND OTHER LARGE VEHICLES RESTRICTED TO THROUGH STREETS. AND SECTION :,3.,„-,;16;..T,SgIEDULE II, THROUGH STREETS, PROVIDUIC FOR SEVERANCE, PROVIDING FOR The foregoing ordinance w d for the firs[ time and passed ca its second reading by the following was Turner, Berlanga9 Brown, Guerrero, Kennedy. Mendez. McComb, and Slavik voting ',ye." Mayor Jones announced rhe assessment hearing on the following two projects: 24Hearing Riverview Improvement Project Riverview Trail from Smith Drive RiverForest Drive, providing for assessments of $35,527.46 for the 21 items on the roll. 25. Assessment Hearing - wildcat Drive/Teague Lane Street Improvement Project Wildcar Drive, from F.11. 624 to Teague lane. and T Wildcat Drive a Drive, providing r assessments of e$159,905.82 for the 11 items n the roll. Assistant City Manager James Kti e informed the C char these two Earner improvement projec closely related there is objecrion from the Council, the staff would like to conduct the hearings simultaneously. There were no objections from the Council. Assistant City Attorney Jay Doegey presided over the formal portion of rhe hearing and called as his first witness Mr. Gerald Smith, City Engineer. Through questioning of thewitness, Mr. Doegey determined that 11 Smith is - the City Engineer with the City ofCorpus Christi; he has been employed by the C1cy for 21 years, and chat hes g Professionalred In the State of T - received hisdegree framtheUniversity of Texas at Austin. Mr. Doegey then asked Mr Smith to explain dm project Mr Smith displayed transparencies of the rwo projectsted that o Riverview rail 1s a 1982 voluntary paving p am project. 28' vide street. 4' wide reinforced c sidewalks, and driveways will be c ted; and offsite storm sewers will be Installed on Vista Ridge and Smith Drive s Mr Smith continued Trathe property il e conductedoll was ired August a proceed the responses 61ds 3T ofw received on January a 8, a the law bidder was A Ortiz is the amount of $147,923.90; and the contract calls for 40 working days. or two calendar months. Mr Smith then displayed a rransparency of the at/Teague Lane project Zia: C Meering February 26. Page 13 Points Shopping Center. Mr. Smith stated that 40' v , 4' Wide sidewalks, and a sdwill ib reinforced explainedchis is voluntaryrojec sefrom ache c1902 Bond Program; bids v received a January 22, 1985: n submitted, the low bidder w eldenfela Brothers ri the a f 1$3]4.919, and cM1e contract provides for of 65 working days, r 3 mo stipulation mar construction will not B ascii school is out for the isummer. • Smith r that there are 11 i the a roll, the ateff P red c rthe shopping center was greed through c as that thews o pay l4times a theYep it assessment when the work was dove, which would mean $29.25 p 1 f. as compared to x$19.50 per l.f He l aced that t project includes p by 73 r wnhomes. and is wasdetermined that each rownhome owner has 1/13 interest in the assessments. • Smith then explained the payments co be made by the property wners for the assessment.. • gay asked Mr. Smith to describe t rhe areas, and Mr. Smith stated that Wildcat/Teague Lane hoe no sidewalks: a ditches exist, the driveways a asphalt, and the drainage i y ad. Asdexplained by Mr. Smith, Riverview Trail has roadside ditches also project and ee benefits expected. r c explain y the City performing this • Smith testified that public be wider safer, and the properties will be enhanced Council Member Mendez expressed concern about the passibility of water draining o wildcat g and M Smith explained the drainage plans and informed Mr. Mendez chat there would be no standing water on Wildcat Drive. Council ed a s on e projects. a the price an River View Trail was$4.05 s.f. and $4.. for Wildcat/TeagueLane Mr. Smith explained that the p pay 100E of the c of driveways. and they are object r the price that the Sow bidder submitted. since this is a unit price contract. Mr. Doegey called as his neer witness Mr George araskevas. appraiser. Through questioning of the witness. Mr,poegey ascertained that Mr. raskevas is a licensed real estate broker and appraiser and chat be has worked in that capacity for 14 years. He further ascertained thoroughly familiar with m113art a se e with estateal roject. nthe y has orexamined peach and erial and very commercial, piece of property included in the pro5.00, and he 1s familiar with the assessment roll. alutes Regular Ctil Meeting February 26,n 1985 Page 14 Mr. Paraskevas described the conditions in rile areas under sof p ill be e t least in afdc each 1. s xfurther testified enhanced they e rirregular and pie shaped lots, end those ¢too will be enhanced at least in the amount of the assessment. Mayor ]ones called for comments from the audience and there was no A motion made by Council Member M that the hearings be closed, seconded by EAVOr Pro Tem Turner, and passed unanimously. Mayor Sones announced the public hearings an the following zoning cases 26. Application No. 185-18, First Preferred Development For a change in zoning from ,HT" Apartment B-4" General Business District on Loos 7, 9, and II, Block 73, Brooklyn Subdivision, located on the saurhweec corner of Gulden Street and Seagull Boulevard. Assistant City Manager Otter stated that in response to the two notices nailed.one returned 1n fav opposition.Me scared that the Planning Commission and Planning Staff recommend approval. Mr. Larry Wenger, Planning, shaved s of the vicinity, display the zoning d land use p, and described the land use in the surroundingrarea. Mayor Jones called far comments from the audience and there was no motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Bexlanga, end passed unanimously. Aecing City Secretary Zahn polled e Council for their ora on the ordinance effecting e zoning g and thefollowing w passed ORDINANCE N0 18718 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF FIRST PREFERRED DEVELOPMENT BY CHANGING THE ZONING HAP IN REFERENCE TO LOTS 7, 9 AND 11, BLOCK 73, BROOKLYN SIM/VISION !ROM "AT. APARTMENT TOURIST DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT: AND DECLARING AN MaU.ENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following v erlanga. Brown. Kennedy, Mendez, McComb, and Slavik 1.071.04 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, P to the proceeding or contract heretofore had an 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 owner and true ow ws thereof, acompared with the cost of making said improvements on saidstreets 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, nvalidities a n regularities i any of the proceedings and contract for said improvements, and has given afull and fair hearing to all parties making or desiring to make any such protest, objection or offer testimony and has fully ami ned and considered all evidence, matters, objections and protests offeredand 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 thereal and true owners thereof, and said City Council did consider and correct all errors, nvalidities or deficiencies 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 rs thereof, a 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 oymer 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. CHRISTI NOW, , TE%AB THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS SECTION 1 That there being no further protest or testimony for or against said improvements, said hearing granted to the real and true ons er of abutting property o said streets, within the limits above defined, and to all persons, funs, 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. ..071.04 SECTIOII 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 oowners thereof, by virtue to the construction of said improvements to said portion of said streets upon whichsaid property abuts, will be in excess of the amount of the cost of said improvements as proposed to be, and asherein 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 011 5ements 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 n all respects regular, proper and valid, and that all prerequisites to the fixing of the assessment liens against said abutting properties, as hereinabove described andthe personal liability of the real and true o s thereof, whether named orcorrectly named herein o weer or owners cor h not, have been in all thingsregularly had and pin compliance with the law, Charter provisions an and proceedings of the saidaid City Council. SECTION 3 That 1n 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 mended, there shall be, and is hereby levied, assessed and taxed againstthe respective parcels or property abutting upon said portion of said streets, and against the real and trueew s thereof, whether su h real a d true rowners be named orcorrectly named herein ornot, the s s several s of money hereinbelow mentioned and itemized opposite the description of the respective parcels of said property, the umber of front feet of each and the several amounts assessed against a and the real and true owner or owners thereof, and na sof the apparent owners thereof, all as corrected and adjusted by said City Council, being as follows, to -wit: FINAL ASSESSefENT ROLL RIVER VIEW TRAIL STREET IMPROVEMENTS This project will include construction of improvements to the following street River View Trail. from Smith Drive to River Forest Drive This street u shall be constructed by excavation to width and depth to permit the laying of a standard curb and gutter sectior, 6" compacted subgrade, 8" compacted base and 11/2" Type "D" Hot Mix Asphaltic pavement The e 1 be e 28' v BOG nconstructed within existing 60'wide right will be4'wider reinforced concrete sidewalks,, 4" thick and6" thick reinforced concrete driveways constructed casshown on the plans. The calculated i accordancewith c paving policy assessment rates ehc bid a Ortiz Construction on drPaving p v. the assessment rates are as rices t follows 28' Wide Street, 80C Bid Price Assessment Rate 6" Curb, Gutter 6 Pavement $16 14 L P. $16.14 1.12 Sidewalk $ 2 16 5$ 1 F. Driveways $ 4.05 S.F. $ 4.05 8.0 Residential Property, Churches and Schools Gutter 6 Pavement $ 9.75 L Sidewalk $ 1 Dri5eways $ 4.05 S.P. Total Bid Price Final Assessment City Share A me 9147.923 90 34 241 32 $113.682 58 Gerald P E City C GS al ( , ?,.•Tr•m •-„ ( • < • ( 1 JOSEPH G. SARUM 1.481.61 AV:03 ;%0 !,;25 • 100.00 SA, 3/11 1•00 A .1 =FT. ;03,R;,'0;.E,:".:11111 TR 91110 930:32 -0- 18040 LOT 3 236 • T.01 1.00 96.00 1.00 320.00 - • - IT*" 140 360.00 106.30 6.6. 0/11 1-16 - Alt:93 - -0- SAGA Stu T 761.03 Li vls. RIDGE INTERSECTS - c IggI gi.ggyggg. gg:" MI: g...„ „. c c 5 9 gIgg9,1grggg.5g..,,,. !g:59 559::g:g 9"I: !g!5 T•99 Tor 14 BEN c l , ,i7.1ru= . 375•03 1Z2° 1.00 378.08 —0— ae•00 1•3,7.6S.T, e 'rr P012.41'•1:sIZPTION ,,, oescN•1-20,4 =5;0: ASSESS/IF/a PATE AMOUNT ToTAL : AMDuNT : ArErEir: ... 411/ISILTI::.' • " I/g2TA'an7FrTA 28{1 ' !;,`,9 -*.N 7,'T — 7—io. # /.349.241 , LOT 1 DAY AR my. Foams. Amax • I " I%": :2•IrVIII TA /A410 8040 L.F.12.6.A ..... 0•25 200.00 • 14-111 1 /06.30 S.P. VA 1-16 4.05 230.52 1.626,2 " 171r:74: Z'rt'irg' 'S.;:COY' "". - Lof T BIA A 3:g:00 ;?011 320.00 1.626,2 11 6APV c [LARK FT la M0.00 t•F•C.44. MIT. 9•25 700.00 I IS:TiEC:"?' F• S/Ii - • 1,626.52 , H c .,.C. 5. 1125 ' c c is 11 PAL 6 .v. ..v.,.,. v251,52.5v. .55.55Ev 655655112.7 z . OF TIE QT 91.00 1/686.5 15 . ,.<,v ,ao.vv 4::"":OA T. '2:1'78.... - *,. RES 96.00 ,6 1,168.54 1111. 5r:55.r 16 EUGENE JAMAS ET WI 1 vaa•c.x+nr.710600 i ,80.00 --- 780.00 sp/D Tie'ui. ` 1-17 -o- o- 1,1 1/654./91 c TOTAL ASSESSMENTS TAN 34,41.32 r• .071.04 SECTION 4 Be it further ordained that 1n 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 s0owners thereof, shall be, and the s e hereby declared to be increased ecreased as the ca may be, in a the proportion which said e or deficiency or frontage shall case to the whole number of front feet of property actually improved in accordance with the front foot rule or rate of as ment herein adopted, it being the intention that such parcel of property andthen real and true 0w owners thereof abutting on the portion of the streets above described, within thelimits defined, shall pay for said improvements under the 'FRONT FOOT RULE OR PLAN., which rule or plan 1s hereby found and determined to be ,lust 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 an 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 realand true owner or owners thereof shall be issued in accordance with, and shall evidence the actual frontage of said property and theactual cost of said improvements, the amount named in said certificate in ne to exceed the s amount herein assessed against such property unless such increase be caused by an excess of frontfootage over the amount hereinabove stated, such actual cast 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 sumsmentioned above in Section 3 hereof assessed against said parcels ofproperty abutting 0n the aforesaid streets, within the limits defined, and the real and true owners thereof, whether named or correctly named herein or not, sublect to theprovisions 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, ifincurred, are hereby declared to be made a first and prior lien upon the respective parcels of property, against which a s assessed from and after e the date said improvements w ordered by m sasaid City Council, to -wit. January29, 1985, and a personalliability d charge against the eel and true ovmer or owners be named or correctly named herein, and that said lien shall be andconstitute 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, 00404t for lawful ad valorem taxes; and that the s me 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 30 071.04 days after the completion of said impVe0011, and the acceptance thereof by the City, andthe balance do be paid in 119 equal ocutive monthly installments commencing c on the 1st day of the next succeeding month untilthe 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 3 The total number of monthly installments on owner occupied property may be extended beyond 720 in number so that, at the owner's request, the total monthly payments will not exceed ten (110 00) per month. provided, however, that in order for the a of said property to avail themselves of Option "2" or"3", above they shall be required to execute a agreement providing for such payments and shall have the privilege of paying or all, of such installments at any time before maturity thereof by paying m Inc total amount of principal due, together with interest accrued, to the date of payment. SECTION 6. That for the purpose of evidencing said assessments, the liens securing same and the several sums assessed against the said parcels or payment, and the real and true owner owners thereof and the time and terms of ssuedt , and to aid an the us Christnti, Texas, 10s itself ceon the comp shall ion be Issued by the City of Corpus etsi ani, crept to thself ubyn the completion if said improvements in said streetseand by then Ma thereof by said City City, which certificates shall 0be0 executed by the Mayor in the n of the which certificates by the lCity Secretary,withamounts the corporate seal of said007 tands and termsfi rates ,hall declare the a ousts of n, assessments and the times and acceptance thereof, the rate me tnterrst ichreon, thedateof the ued,l completion all cceptance of the improvements for which the certificate i issued, and shall contain the names of the apparent true owner owners as accurately as possible, and the description of the property assessed by loand block number, or front foot thereof, or such other description as may otherwise identify the same and if the said a sufficient shall be awned r r mistake or firm, sc then to ch state the rain shall be eu naieient any n mistake th describing such property or n giving their a of any owner error or r otherwise, shall i anywise invalidate orunfair the assessment levied e hereby or the certificate issued in evidence thereof. That said certificate shall further provide substantially that if default shall be made in a the payment of any installment of principal or when due, then at the option of the City, its s assigns, Interest ror 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 ovmer ownersor 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 .071.04 taxes, from andafter the date said improvements were ordered by id City Council, to -wit y 29, 1985, and shall provide in effect that if default shall be made in thehe 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 g of said City Council of said City, and that all prerequisites to the fixing f 095 assessment lien againstthe 00! property f herethe n descrial be , or re owownersner or attempted to be thereof, evidence by personal such certificatesn, 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 ,n effect that the City of Corpus Christ,, Texas, shall exercise all of its lawful powers, ,n 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 1n 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 own or owners may not be named orcorrectly named, and any irregularity ,n then of the property eror, the description of any property or the amount of any assessment, or to 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, nvalidity or rregularity whether ,n 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, ment, shall in no a affect or impair the validity of assessments against theother parcels of property abutting upon said street, and that the total amounts assessed against the respective parcels f property abutting upon said streets within the limits herein defined and the real and true n ox e a s thereof, are the sane r less than, the s estimate of said assessment prepared by the City Engineer and approved and adopted by the CityCouncil 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 11054 of Vernon's Annotated Civil Statutes of Texas and Charter of the City of Corpus Christ,, Texas, under which terms, power and provisions said proceedings, said improvements and assessments were had and made by said City Council. 071.04 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 o 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 effect upon first reading as an emergency measure this the 5th day of March, 1985. ATTEST 4 Acting City 5e AP"I ED DAY OF MARCH, 1985 CE AYCOCK, ATTORNEY By ant ity attorney MAYOR THE CITY 0 CORPUS CHRISTI, TEXAS Corpus Christi, T �xas._ S* day of 19B.f TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasonsset forth in the emergency clause of the foregoing ordinance or resolution, an emergency exists requiring suspension of the Charter rule s to consideration and voting upon ordinances or esolutions at three regular meetings; I/me, 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, ouncil Members THE CITY OF CORPUS CHRISTI, TEXAS The above ordinance was passed by the following vote: Luther Jones Betty N. Turner David Berlanga, Sr. Welder Brown Leo Guerrero Dr. Charles W. Kennedy Joe McComb Frank Mendez Mary Pat Slavik 15729