HomeMy WebLinkAbout18731 ORD - 03/05/19850,2.04
AN ORDINANCE
CLOSING THE HEARING ON STREET IMPROVEMENTS ON THE FOLLOWING
STREETS:
1. Wildcat Drive, from F.M. 624 to Teague Lane, and
2. Teague Lane, from Wildcat Drive to Calallen Drive;
AND FINDING AND DETERMINING THAT PROPERTY ABUTTING SAID
STREETS WILL BE SPECIFICALLY 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
1. Wildcat Drive, from F.M. 624 to Teague Lane, and
2. Teague Lane, from Wildcat Drive to Calallen Drive,
in the manner
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 a5essed 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
rs 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 neCe ssity of levying an assessment for that
portion of the cost of constructingsaid improvements on the above named
streets, within the limits herein defined, to be paid by the abutting property
d the real and true oymers thereof, and by ordinance dated January 29. 1985,
did order and seta hearing to be held at 3 DD p m on the 26th day of February.
1985, i the City Council Chambers, 302 South Shoreline, 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,a nd for 11 others owning or claiming
any interest i otherwise interestedin said property, or any of said
matters as to the assessments and amounts to be assessed against each parcel of
o
abutting property dthe real and true
owneror owners thereof, and as to the
special benefits to accrue to saidabutting 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
15731. MICROFILMED
.1.012.04
by counsel and offer evidence inreference to said matters, and the City Council
did bysaid ordinance order and direct the City to give notice of said bearing
to the owners abutting upon said streets as shown by the current ad valorem to
r ll by nailing 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 ow s 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 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, w opened and held o February 29, 1985, the
City Council Chambers, 302 South Shoreline, in the City of Corpus Christi,
Tex in accordancewith 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 natters in cordance with said ordinance and notice, at which time the
following appeared and offered the following testimony.
inuCes
Regular Council Meeting
February 26, 1985
Page 12
23 FIRST READING
AMENDING CHAPTER 53, TRAFFIC. BY AMENDING SECTION 53-100, CERTAIN TRUCKS,
TRAILERS MD OMER LARGE VEHICLES RESTRICTED TO THROUGH STREETS. MM SECTION
53-251, SCHEDULE II, THROUGH STREETS, PROVIDING FOR SEVERANCE, PROVIDING FOR
PUBLICATION
The foregoing ordinance was read for rhe first rime and passed to its second
reading by the following vine Jones, Turner, Derlanga. Brown, Guerrero,
Kennedy. Mended, McComb. and Slavik voting Faye."
* * *
Mayor Jones announced the assessment hearing on the following two projects
24 Assessment Hearing - Riverview Trail Srreer Improvement Project
Riverview ',ail from Smith Drive to River Forest Drive, providing for
assessments of $35,527.46 for the 21 items on the roll.
25. Assessment Hearing - Wildcat 0.1.f0 g,. Lane Srreet Improvement Project
Wildcat Drive. from P.M 624 ro Teague Lane. and Teague Lane. from Wildcat
Drive to Calallen Drive, providing for assessments of $159,905 82 for the
11 items on the roll.
Assistant Ciry Manager James K. Lomas informed the Council chat these two
strem improvemenr projects are closely related and if there is no objection
from the Council. the staff would like to conduct the hearings simultaneously.
There were no objections from the Council.
Assistant Ciry Attorney Jay Doegey presided over the formal portion of the
hearing and called as his first witness 1.. Gerald Smith, City Engineer.
Through questioning of rhe witness. Mr. Doegey determined that Mr. Smith is -
the City Engineer with the City of Corpus Christi: he has been employed by the
City for 21 years; and that he is a Professional Engineer regisrered in the
Scare of Texas, having received his degree from the Urdversity of Texas at
Austin. Mr Doegey then asked Mr Smith to explain the project.
Mr Smith displayed transparencies of the two projects and stared that
Riverview Trail is a 1982 01110t100 paving Program ProJeBb; 028! 01d,,1,.,,
4' wide reinforced concrete sidewalks, and driveways will be constructed, and
offsite storm sewers will be installed on Vista Ridge and Smirh Drive.
Mr. Smith continued by stating that 21 property owners live on Riverview
Trail. a mail poll was conducted in August and of the responses received. 53S of
Ole proper, owners still desired to proceed wish the project, bids mete
received on January 8, the low bidder was A. Ortiz in the awns,. 15*117.921.90;
and the conrract calls for 40 working days. or two Calendar months.
mt. smith Olen displayed a traneparency of rhe Wildcat/Teague Lane project
and informed the Council [hat currenrly construction is under way ar the 5
inutes
Regular Council Meeting
February 26, 1985
Page 13
Points Shopping C Mr Smith stated that 40' v , 4' vide
reinforced concrete e sidewalks, driveways,, and s e will be constructed.
8e explained charthis is n voluntarypaving project, b [ Ss fromthe1982
theud l'
rem bide w 985;
w gbidcontract vides for a w elde coralof 8 ache ay Fi$31sub
tt begin until
d o 3 months, Wiel the
stipulation that construction x111 not begin until school or
out for the summer
Smith reported chat there a I items a [he
Gaff p red the assessments,
When hoppingcenter was annexed, it was
agreed through contract thatcc to pay
11 [Imes
aing
assessment
whenr
the work was done, whichwould mean $29.25 per f1 as
compared to $19 50 per 1.f.
He stated that this projecr includes p bounded b and
it was determined that each cownhome owner has t/)3 interest in the assessments
. Smith then explained the payments to be made by the property owners for
the assessments.
Mr itsed M Smith p condition
areas,
and Mr. s Wildcat/league ery,bad.raide ditches
sthe d rt; and the drainage
As explained
Mr. smith, Riverview Tail has roadside ditches
also.
eget' asked Mr. Smith co explain why the City is performing this
project and the benefits expected.
Smith testified that public maintenance expenses will be reduced, the
streets will be wider and safer, and , the properties will be enhanced
aesthetically and financially.
Council Member Mender expressed concern about the possibility of water
draining onto Wildcar Drive, and Mr. Smith
explained and
informed Mr. Mendeathatt there would be no standing water on Wildcat Drive
Council Member 5 aviinquired about the difference in prices for driveways
on the projects,thee the
price on River View Trail was 54 05 s.f. and
94.86 for Wildcat/Teague Lane.
Mr. Smith explained that the property
h
owners pay 1001 of t of
driveways, and they a subject t theprice char the law bidder submitted,
since this 1s a unit price contract.
Mr. Doegey called as his next witness Mr George Paraskevas. appraiser
Through questioning of the witness, Mr Doegey ascertained that Mr.
estate raskevas is a licensed real e e broker and appraiser and that he has worked
in that capacity for 14 years a further ascertained that M raskevas is
thoroughly familiar with r s in the City, boch residential and
commercial, he is familiar with the project,
every piece of prp y included in the project; and he is familiar with the
assessment roll.
mutes
Regular Council Meering
February 26, 1985
Page 14
Mr. Paraskevas described present in the a under
consideration, a aced that each the
o 111 be enhanced
rhe chew
are irregular of
a ts, and cense coo will be enhanced at lease in
che amount of the assessment.
Mayor Jones called for commence from the audience and there was no
sponse
motion was
e by Council Member Mendez c the hearings be closed,
seconded by MayorPo Tem Turner, and passed unanimously
Mayor Jones announced the earings on the
26. Application N 185-18, pFirst Preferred Development. ng zoningchange in
zoning from 'n'AT" A trict 84" General Business
District o e 7, 9, and r11, Black ] Brooklyn Subdivision, located on
the southwest corner of Gulden street and g Boulevard.
Assistant City Manager Utter stated that in response to the two notices
mailed, one was rettmned in favor and none in a He stated that the
Planning C ssfon and Planning Staff recommendapproval.
Mr. Larry Wenger.
displayed the a the zoning d land use map. i
and described land use the in
rin
the surroundingarea.
Mayor Jones called for comments from ebe audience and there was no
A motion was made b em Turner that the hearing be closed,
seconded by Council MemberBerlanga, and passed unanimously.
Acting City Secretary Zahn polled the Council for their vote on the
ordinance effecting the coning change and the following was passed
ORDINANCE NO. 18710
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF FIRST PREFERRED DEVELOPMENT BY
CHANCING E ZONING MAP , 9 AND 11. BLOCH 73, BROOKLYN
SUBDIVISION FROM "AT" APARTMENT TOURIST DISTRICT TO "0-4" GENERAL BUSINESS
DISTRICT. AND DECLARING AN EMERGENCY.
The Charter Ale was
suspended and
the foregoing ordinance passed by the
following v Jones,Berlange. Brown, Kennedy, Mendez, McCombs and slay.
voting ..age.; Turner and Guerrero absent at the mime the voce was cakes.
1.072 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, oras to any errors,
validities orirregularities, e in the proceeding or ontract 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
e to said abutting property, and the real
n
and true a ns thereof,acompared with the cost of making said
Improvements osaid 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, nvalidities o
irregularities in any of the proceedings and contract for aid improvements,
and has given a full and fair hearing to all parties making or desiring to
make any such protest, abjection 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 a5 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 deficiencies
called to its attention and did find that all proceedings and contracts were
proper and inc cordance with the Charter of said City and the laws of the State
of Texas, underwhich 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
daid evidence that the assessments hereinbelow made and the charges hereby
eclared against said abutting property on the portions of the streets
hereinabove described, within the limits defined, and the real and true owner or
moors thereof, are dust and equitable and did adopt the rule of apportionment
setout below and the division of the cost of said improvements between said
abutting properties, and the real and true
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
cORROS CHRISTI, TEXAS.
SECTION 1. That there being no further protest or testimmny 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, andto all
persons, firms, corporations and estates, owning or claiming same or any
Interest therein, be and thesame is
hereby closed and all protests and
objections, whether specifically mentioned or not, shall be, and the same are
hereby overruled and denied.
1.0/2.04
SECTION 2. That said City Council hereby finds and determines upon
the evidence heard to 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 a owners thereof, byvirtue 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 asherein assessed against said abutting property and the real and
true oymers thereof, and finds that the apportionment of the cost of said
improvements, and that 011
5emens hereinbelow made ,lust 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 andthe personal liability of the real
and true owner , a
s thereof, whether named orcorrectly named herein a
not, have been a11things 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,nreference to said
improvements and by virtue of Inc powers vested i 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 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 against property, thenumber
real
of frontfeeteet or each ands thereof, and amounts assessed es of the
apparent o s thereof,, andall as corrected er nr and ad3usted by said City Council,
being as follows, to -wit:
FINAL ASSESSMENT ROLL
XILDTAT DRIVE AND TEAGUE LANE
STREET IMPROVEMEHTS
This pro,ect shall Include construction of Improvements Co the following
streets
1 Wildcat D , from F n 624 t Teague L and
2 Teague Lane,,efrom Wildcat Drive to Calallen Drive
These hall be width and depth streets
dtfi"
. loey� san.',icud
streetspavement The 111 be 40' vide, B dconstructed
within the
evisting 60' wide right -of -wide. will be4' widereinforced concrete
sidewalks, 4" thick aM 6" thick reinforced concrete driveways constructed
as shown on the plana
ratesThe assessment have been calculated in accordance
adopted by the City , sed o this policy ua thelow
i
bid submitted by Heldenfels Brothers,Inc., the assessment rates
are as follows
40' Wide Street. BOC
6" Curb. Gutter
* 6"Cutter d Pavement
Sidewalk
*Sidewalk
Driveways
d Price assessment Rate
2.86 L.F 019.50 4.0
2.86 1..9 529.254.0.
2 00 5 F 5 1.00 5.F
2 00 5.F 5 1.50 5.F
4.86 5 F 5 4.86 S.P.
Residential Property, Churches and Schools
Curb. M., Ler
er d Pavement $ 9.75 L
Sldewalk$ 1 00 5
Driveways $ 4 86 5
* Annexation contract assessment rates for the Five Points
ShoppIng Center' Tract
Total Price $374.979.00
FinalAssessme$156 298 29
City Share O.I
Z
'
Gerald Smith, P.E.
City Engineer
t
6 1.10_,0111,,C.4•8 rvv•536
„,_._' _ _ .v.•111.,,Jil '
756 80
—1:ii'ale,:r4--
--'-
,,----?,
.. „.
"9:K:F:Irsir”'
-r:4
Eg--:
I.E.I.:ug ...
:
i'',,. ii:`;%:""T• 1;0
•
1: r.;:. lE
756 80
oRRoo 5, loos
OWNER alo TOTAL 11
QUATITILT OF
( • c
[ATTIE. DRIVE loTERSECTs
( (
1,1
'.. TTOBER STE.40
( 5 3402 [ETHER TB(10 -0- ,
''fg:FIE-gAT:OM HO 1 41:" ::;: :g _,20 210.00
-0-
( , F.SIDO -0- 5...• Op, -0-
c
C
C
C
A-1 a °PITS
c
-0- •, • „c
131.0V :C
1 " "VOT:14g/IV INT OCE EV.VS r:. ri 1-ovE
,g: ,..,,
I
1 ...._.00
^.
3,701,
c
-0- •, • „c
131.0V :C
t I
MARCH Sy 1535 PALE 3
( !TEN ONPEP ANY QUANTITY Qr WONT
TOTAL '
.1.111._y11212fT DEPAR=1,1_ ASSESSED ASSEMENT _112LE_ _2NOUNT T155ESE!
(
"
133•05,
(11 1.sza SWEETWATER CAECA 38410 -0, L.A:C:4:A -1.1-
H-
" "A"" IHL"rA 3 10 t.F.CHGA6 PANT. -1)-
15656 YE PPE SY I
PIVER CANYON TOUNHCAES -0- 5 f&_5/31
1ST 119v.
13/40P
5 c
-0-
-0-
[]
-0-
-0-
'
TER.A32—OnNENCE DANK
. C.C. NATL. 115S0.
uNIT 42
4
-°-
'1,09 1..F•C•4•6 PUN, 1.00
-0— 1..•i.C.G.A
—0— S..i• 0/1.1
157.09
—0-
2%A'g:XIFTE;r:5"'
C
,11 15,09
1yo,09
13,19
eVNT• 1.00 *.07
—0-
11/11 —0-
11,0,
osCE 5
TOTAL
M.11(
• " P.O.B. 1.00 13,29
• "
ES
OS SYSTPUN
BOX 1044/ 78410
111.V50"771: r""S
0-10 4 0.0
-o:
• !UV. CA.. -MINOR.
B. 1 0:1r11011r°
c 1
(
e
7,
PALE 6
!•1
,12:4oEsc.,,,,oH
-------
-;!
-0-
( ",i " ag'-'—gt1;La'iTo„WZIOLT" —a— L•a.c.a-n MO,
t -- r—
r --o-°-
•
t ii iIili " —0— 6.6. 666
:,.
/1/10.88 1,83 IAGF 1
OFSCIIIFTION TOTAL
PROP814r11:117_2.2 „A:11EX_ (
,A t
`J,o`WLTZ:
F%ET;Fi1-
1.50 1 bg11,14
A/ LOt 3
( 1.4 FIVE Papas STIOPP2110 cerm 2;4"s 5•F• 0/1/
B-4
l e
'4. PO BOA 0008 78512 592.00 5•F• 5/II" ' " : /"50 11%00
,r :F"11/t";01/45 5110P/1/10 COT """
1 '"‘ -0- T 0 _•,111 -0- ' '
i 1-1
00 l'; 0612 FRFDFIITZASSURG . t
-0-
, .TT, F4,0810 T/L..222/0""• 2 480,10_25/O 3.50----3/202•00
...:8 POTNT5 SCOPP086 Clap :r• ::;:. ":": .
31/8/04.72:
t 4.
F•A•L•A PORT• 29,5 29,20.46
, _5,20 TAX jOIT01110 1/11 )820 1.839•88 3•F• 5/P :::g — N;;:'4
l =5POINTS 81101•IIN4 OITA '''''IO," ;::: =
:VICE TEACUF 1.11
2. 111/255•11 4.
c
MARCIA Si lASS
PACE a
Inscnrprrord
"::7EiAsiiV'
3 S-SeASSE AA,
:0- rsS: 'AA
L--16I'll rinr"' "
3!13:"
"0"
" "'"
' SAN ANTONIO 1:4'71201
LOT 6
1-.•:••:•6 7Z1.•
„35,00 S.,: 0/11 •
-0- Ss, S/3
;•;13
„;;;•00
: 2F vows SNOOPING MP
"SOS SAC. B/31 1 -ESC
393.0 Ss, A/N 1-30C
;?;6
4.86
11,Z•VA
1•912.17
16 679•34
""L:IFIliF:ST""
CMS PROJECT
156
0 AL ASSESSMENT-
,.072.04
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 impr0 ents to be greater or less than the number of feet hereinabove
stated, the asmens herein set against any such property and against the
real and true owners thereof, shall be, and the s are hereby
declared to be increased oea decreased es the c may be, in the proportion
which said excessor 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 as ment herein adopted, it being the intention that such parcel of
property andthen real and true 0w rs thereof abutting on the portion
of the streets above described, within the limits defined, shall pay far said
improvements under the "FRONT FOOT RULE 0R PLAN", which rule or plan is hereby
found and determined t0 be .lust and equitable and t0 produce a substantial
equality, having I w the special benefits to be received and the burdens
imposed thereby, and V 1 t 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
realand true owowners
thereof shall be issued in accordance with, and
shall evidence the actual frontage of said property and theactual cast of said
improvements, the amount named to said certificate in
n e to exceed the
mount herein assessed against such property unless such increase se 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 to
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 theprovisions of Section 4
thereof, together with Interest thereon at the rate of eight percent (0%) per
annum with reasonable attorney's fee and all costs and expenses of collection,
ifincurred, a e hereby declared to be made a first and prior lien upon the
respective parcels of property, against which s assessed from and after
e
the date said improvements w ordered by said City Council. to -wit.
January 29, 1985, and a personalliability and charge against the real and true
owners be named or correctly named herein, and that said lien shall be
and o constitute the first and prior enforceable claim against the property
assessed and shall be a first a d paramount lien superior to all other liens,
assessor the same so
ed shall title, b 000 atdfor
becomewpa d valorem taxes and that thods et the
par payable in one of the taxes,
option of the property owner
1. A11 1n cash wlthln 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
..072.04
acceptance
erethe
paid10 119qequal consecutive and monthly ba installments
commencing
on the 1st day of the next Succeeding month
untilthe entire s is paid ,n full, together with
Interest from the date of said completion and acceptance
by the e ityl,muntil paid, at the rate of eight percent
(%) per
3. The total number of monthly Installments on
owner
occupied property may be extended beyond 120 ,n number so
that, at the owner's
request, the total monthly payments
011 not exceed ten ($10.00) per month.
provided, however, that in order for the owners of said property to avail
themselves of Option "2" or "3", above they shall be required to execute an
agreement providing for such payments and shall have the privilege f paying
r all, of such Installments at any time before maturity thereof by paying
thetotal amount of principal due, together with Interest accrued, to the date
of payment
SECTION 6. That for the purpose of evidencing said assessments,
ments, the
c
liens securing sameand the several s e ssed against the said parcels or
property and the l and true ow rowners thereof and the time and teens of
o
payment, and [ aid in the enforcements
thereof, assignable certificates shall be
sued by the City of Corpus chest,, Texas, toitself upon the completion of
said improvements in said streets and acceptance thereof by said City Council,
which certificates shall be executed
ecuted by the Mayor ,n 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
terns 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 n sof the apparent true oowners accurately a
passible, and the description of the property assessed d bylot and block number,
or front foot thereof, orsuch other descriptions aemay otherwise Identify the
and if the said property shall be owned by an estate or 11,m, then to so
state the fact shall be sufficient and no error or mistake ,n describing such
property or in giving the n of any oowners, otherwise, shall ,
anywise invalidate o Impair the assessment leviedhereby or the certificate
Issued ,n 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 s assigns, or the
holder thereof, the whole of said assessment evidencetherebyshall 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 of such property. and that said lien is first and paramount thereon,
supers
iorto all other liens, titles and charges, except for lawful ad valorem
taxes, from and after the date said Improvements w ordered by said City
Council, to-w,t January 29, 1985, and shall provide were effect that if default
072.04
shall be made in the payment thereof, the same
may be enforced, at the option of
the City, or their successorsand assigns, by the sale of the property therein
described in the mannerprovided 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 as ment 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 axall 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.
and charge aagaION r strtheTrealalland ,true Eos moms levied ofatheaP personal
described,
r attempted to be described, notwithstanding wner or owners
owner
or may not be
named orcorrectly named, and any irregularity in thanameof owners the property
eror, 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
invalidity or irregularity whether in such assessment or in the certificate
issued in evidence thereof, may be, but isnot 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,
no
ment, shall i 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 of
property abutting upon said streets within the limits herein defined and the
real and trueowner or
owners thereof, area the s or 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 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 0. 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
1.072.04
public street improvements, such finding of ane mergency is made and declared
requiring suspension of the Charter rule as toconsideration and voting upon
ordinancesor solutions at three regular meetings so that this ordinance s
passed and shall take effect upon first reading as an emergency measure this the
5th day of March, 1985.
ATTEST
Acting ity Sec
APP30VEO.
DAY OF MARCH, 198
CE AYCOCK, CI . i RNEY
orney
MAYONE0
THE 17 0
CITY OF CORPUS CHRISTI, TEXAS
Corpus Christi, Texas
S"— day of
1985%
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasonsset forth In the emergency clause of the foregoing ordinance
or resolution, emergency exists requiring suspension of the Charter rule
s to consideration and voting upon ordinances or esolutions at three
regular meetings, I/vie, 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 vote:
Luther Jones
Betty N Turner
David Berlanga, Sr.
Welder Brown
Leo Guerrero
Dr. Charles W. Kennedy
Joe McComb
Frank Mendez
Mary Pat Slavik
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