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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 18711