HomeMy WebLinkAbout18840 ORD - 05/21/1985AN ORDINANCE
CLOSING THE HEARING ON STREET IMPROVEMENTS ON THE FOLLOWING
STREETS.
Annaville Area No. 2
I. Heizer Drive, from near Westview Drive to McKenzie
Road,
2 Emmord Loop, from Heizer Drive to Heizer Drive,
3. Veda Drive, from Emmord Loop to Heizer Drive,
4. Hurst Drive, from Emmord Loop to Emmord Loop,
5. Sammons and Nide Drives, from Helier Drive to Leopard
Street,
6. Guess Drive, from Hill Tap Road to Violet Road, and
1 Sunny Drive, from Violet Road to Leonard Drive.
FIXING A LIEN AND CHARGE, THE MANNER AND TIME OF PAYMENT
AND COLLECTION, AND DECLARING AN EMERGENCY.
WHEREAS, the City Council of Corpus Christi, Texas, by duly enacted
ordinance passed and approved on the 9th day of April, 1985, determined the
necessity for, and ordered the improvement of the following streets:
Annaville Area, No. 2
1 Heizer Drive, from near Westview Drive to McKenzie
Road,
2 Emmord Loop, from Heizer Drive to Heizer Drive,
3. Veda Drive, from Emmord Loop to Heizer Drive,
4. Hurst Drive, from Emmord Loop to Emmord Loop,
5. Sammons and Nida Drives, from Helier Drive to Leopard
Street,
6. Guess Drive, from Hill Top Road to Violet Road, and
7. Sunny Drive, from Violet Road to Leonard pave.
in the manner and according to the plans and specifications heretofore approved
and adopted by the City Council by ordinance dated April 9, 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 sane has been received, examined and
approved by said City Council, and
02.084.01
18840 MICROFILMED
WHEREAS, said City Council, by duly enacted ordinance dated
April 9, 1985, did determine the necessity of levying an
ss ment for that
portion of the cast 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 s
ner thereof, and by ordinance dated April 9, 1985,
id order a d set a hearing to be held at 7 30 p mgn the 14th day of May,
1985, in the Annaville Elementary School Cafeteria, in the City of Corpus
Christi, Te,ms, for the on said
streets, withina the limits above definedl and true ,1Qand rs ofor h511 othere s awning abutting
any interest in, or otherwise interested in said property, or any of said
matters as to the assessments and amounts to be assessed against each parcel of
abutting property and the real and true owner or wn
oers thereof, and as to the
accrue
special benefits to c< a to said abuttingproperty by virtue of said
improvements, 15 any,or concerning error, r nnng any er r, invalidity, irregularity
deficiency ior
y proceedings, contract, to appear and be heardpersonr
or
by counsel and offer evidence 1nreference to said matters, and the City Council
did by said ordinance order and direct the City to give notice of said hearing
to the ovmers 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 inthe Corpus Christi Times before the date of the hearing, such
notice o
Article 1105bi and
Vernon's Annotated Civil Statutes ofn Texas,handhe provisions of
WHEREAS, such notice was given said owners of property as shown on the
current ad valorem tax ll within the limits of the streets being improved by
mailing such notice at least fourteen (14) days prior to the hearing to such
owners d by publishing three times notice of such hearing in the Corpus
Christi Times, the first of which publicationsat least twenty-one (21) days
prior to the date of said hearing, both forms of notice being in compliance with
ndc taining the information required by Article 1105b, Vernon's Annotated
CivilStatutes, and
WHEREAS, after due, regular and proper notice thereof, all as provided
bylaw and the Charter of the City f Corpus Christi, said hearing of which
y
ticeasa
given, vas opened and held on May 14, 1985, at 7:30 p.m. in the
Annaville Elementary School Cafeteria, in the City of Corpus Christi, Texas, in
accordance with said ordinance and notice, at which time an opportunity was
given to all said abovementioned persons, finis, corporations and estates, their
ents and attorneys, to be heard and to offer a idence s to 1l matters in
accordance with said ordinance and notice, at which time the following appeared
and offered the following testimony
02.084.01
WHEREAS, no further parties appearing and no further testimony being
offered asto the special benefits in relation to the enhanced value of said
abutting property as compared to cast of the Improvements of said portion of
said streets invalidities oro irregularitiesosed to be assessedin
againsthid property,r contract
or as to errors,
reference to the portions of said streets to be ng proved,,taacdt heretofore ehad rin
WHEREAS, said City Council has heard evidences as to the special
benefits and enhanced value to accrue to said abutting property, and the real
n
and true o owners thereof, compared with the cost of king 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 tos uch matters and as to any errors, invalidities o
err halrities in any ofthe proceedings and contract for said improvements,
l
make given a full and fair hearing to all parties king r desiring to
and considered such protest,
evidence,objection
matters, objectionsprotests offered
offer testimony
nd has ulland
bthat and ed each devidence, testimony and statements, said City Council finds
streets aforesaidwithinthe limitarcel of so Improved abutting up he the portion f the
herein defined, will be
enhanced to valueand specially upd by the construction
ovmentsion sa
d
der
id
,rovenson the said streets upon which said Improvements proposed tobe, and as hereinbelow assessed against h and reoy eld parcel ofabutting and the real and true owners thereof, and iCitycalledl did 00sn and correct all errinvalidities or deficiencies1per Its 00antlce and did r that all proceedings and contracts we Ter and in accodance with the Charter or said c100 and the laws of dgof Texas, oder which those proceedings were being had, and the proceedings ofspid City Councilheretofore had with reference to such improvements, and in allsaiects be valid and regular;and said
tCouncil
ifurther
find upon that theesssmentshereinbelowwmade and thecharges herebydeclaedagainst said abutting
ts fintte
y d sproperty on the portions of the streets
hereinabove described, within the limits defined, and the real and true owner or
owners thereof, just and equitable and did adopt the rule of apportionment
t out below and the division of the cost of said improve nts between said
abutting properties, and the real and true oowners thereof, as,lust and
equitable, and as producing substantial equality considering the benefits to be
rqed 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 to this ordinance.
CORPUS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CHRISTI, TE%AS:
SECTION 1. That there being no further protest or testimony for o
against said improvements, said hearing granted to the real and true os
er of
abutting property on said streets, within the limits above defined, and toall
pinterest therein corporations
ando the and ss e estates, isherebyclosed or claiming
mall pane or any
objections, whether specifically mentioned or not, shall be, and protests
and
heare
e
hereby overruled and denied
02.004.01
MINUTES
TY OF CORPUS CHRISTI, TEXAS
SPECIAL MEETING
AMNAVILLEELENHGTARY SCHOOL CAFETERIA
3901 Hilltop Road
MAY 14. 1985
]:30 P M.
PRESENT
Mayor Luther Jones
Council Numbers
David erlenge. Sr.
Leo Guerrero
Frank Mender
Bill Prnet
Mary Pet Slavin
Linda Strong
ABSENT•
Mayr Pro Tem
Dr.
Jack Best
Council Member Joe McComb
Assistant City Manager James L ise
City Attorney J. Bruce Aycock on
City Secretary Armando Chaps
Mayor Luther Jon called the meeting t order in the Annaville Elementary
School Cafeteria. He explained that the cost of this project is $1,3 millionll .
of which t property owners will pe about to
with tR to be paid
Christi through t he sale of bondsawhich
mer pproved throuthe citieeos of gh Ran election.
procedure of
City Secretary Armando Ghapa called the roll and verified that the
quorumthe Council and the required Char
to conduct
o t tomeetingcer Officers we present
remarks¢ Council Member present then introduced themselves and made brief
Assistant City Manager James E. Lentos. P E explained the procedure to be
followed during the assessment hearing in accordance with State law. He atated
Lentoschat the assessment roll has been prepared according to the city's policy on
Cit
mu p ve enhancement ofthe the property rty in order to charge assessments y
Assistant City Attorney Jay Doeseyconducted the formal portion of the
M
hearing and called as his first witness, r. Gerald Smith, City Engineer.
H1
Council Meeting
May it 1985
Page 2
Through questioning of Mr. Smith. H oegey determined that he is a
Regiitystered o pugineer in the s Christi far twenty-five e of Texas yea and t at he beeped that dm hadha
degree of
iv11 trathe niv Cls. Mx. a
that a is 0familiar Engineering
hithe Annav111e Area N. 2 Street Impat rustinovement
verified
rev sity of almpevnnc and
be Zee:
llovs
Sdiss 1:
splayed a
transparency showing the location of the arrears to
Nada Drive and Sammons Drive, from Deicer Drive
a and Street.
Heizer Drive, from near Westview Drive a Red.
Veda Drive, from Emmord L Eefcer Drive, n1
Hurst Drive, from West EmmardtL
oop to ord Loop,
mmord Loop (throughout aervon sSubdivision).
Drive, from Hilltop R t Road, e
Sunny Drive. from violet Road Lennard riv d
which wast initiated
nimprovements.hit in t eh neighborhoods and hthat c voluntary pperwners quested
Mr. Smith continued b[s
y stating that the streets will be constructed by
excavation
gutter section, 6"
6width and depth to permit the laying of a standard6" curb a
hot -mix msubagrade, 8" compacted caliche bas and l;" T D
1 be asphaltic is pdavei compactedHe aced that he streets 11 be28f wideand also wilt chin the existing 50 -foot rights-of-way. feet
that t ca'construction
will
4-foot videreinforced
ontsidewalks 4thick and 6thick projectreinfoed concrete ee driveways. ealsaateSc new water lines
will e installed by City forces in heBervonTerracaabdivision and an Guess and Sunny Drives.
d in
Mr. Smith testified t e plans and specifications w r n the
CI Engineering toffices;1 bids were received on the project n prepared in
1985;
and y the low bid was
submitted by Oceanside Asphalt, Inc. in the am of
51.3]6.4)8.10. He stated that a contract with this company will be awarded
within two weeks.
waiver. Smith thirteen monthsormed tto
h Council o that the companyhas
explained
260 working days, or
sewer work will be performed complete
and that throughoutmint
aof that
thestorm
e project,
there are some fences that a ach into the public right-of-way; the contractor
will relocate the fence at no cost to the property and e
e man/ tree. ao
possible will be saved. Mr Smith infOrmed the Council that the assessment roll
has been
viewed the
assessment prepared
s to 6338,031.58. and the current
d He stated that
the
total pfxath6preliminary
willabea8,038,406.52. coat a project
111
Sri Council Meeting
May 14, 1985
Page 3
teirMa Smith verified that ssment, and also assured the Council
property
owners a e been 1 of
school,amore than 50. of improvements and were propertyowners
ners indicated athat recent
s ill wanted
explained that the asse for e assessments.t Mr. let d. at
which time t property am owners are not until the work n csh o completed,
rpeod t e pay heir assessments in cash o may pay
Ethem a Saye Cbe of ceded n interest of 85. nt aat City's
nginNCCvgd Department co ten aae e strop case
that Cr to
construction in he event personnel 1 will contact riveeach property owner prior c
anyonewishes t0 have driveway changes.
Assistant C Smith co describe the present
condiionand how Y the t property rtye will asked
enhanced following c he
streetimprovementproject. completion
Mr. Smith responded that the Bervonne Terrace Subdivision and Sunny Drive
have a paved roadway twenty feet vide with roadside ditches and culverts for
drainage, He explained that the benefits will include storm sewers which will
result in improved he streets
attractive, and sidewalks will be added co chew neighIll be borhood.
ch Cleaner and more
Assfatavt City Attorney Doegey called as his inext vlenesa, Mr. W. S. Ho11y,
Real Eataee Broker and Appraiser.
Holly testified that te• experience
this andes been
perEnthis
pe c work forthe City fthe past or
He
testified he is familiarwith the entire projectarea and with each parcel
of land. Mr Holly described the improvements
contemplated and stated that
tier will be new sidewalks, curbs,
y be enhanced 1 e by the m improved drainage end the tyro they
gutters. s b i at least c a real
improved.
° also noted that improvements
drainage a the area will obs greatly
y
the
MrCi[Dyoegey asked Hr. Holly to explain the overall benefit co the area and
co
eHr. Holly stated that a
nd after the improvements are completed. area to area will be be equal with an asset t fthe eCity
Y
Hr. Holly explained that he had discovered two triangular shaped lots
incluuded in the project which in his Opinion would not be enhanced equally in
valby he as /tem . 30pro8 (0) encs. aand Item No. 154 that these properties are
owne
9694.85 on which stte•ds that property is Identified a 8); James dts in the o o. 78u (F)o6
Item assessment (S), Robes recommended . Stevens. on which he suggests to sanction in
es n of $908.60.
Mi.
Spef Council Meeting
May 14, 1985
Page 4
Mr. Doegey inquired if these and other properties will be enhanced at least
in the amount of the assessment. and Mr. Holly stated that in his opinion, they
would be
aJts
Assistant City Manager Lentos assured the Council that these two
on the project.
O
,erroLhegeepwr:rs‘etnatftvlee lo.femecnetaan,sidAp
sec,z.,DlI
afnstated th
I,.. seat his company will
Mayor Jones called on members of the audience who wished to speak in regard
the assessments.
res.,At1 011%.1.7.,trteau:::nme inquired if their taxes will be increased as a
Mayor Jones assured her that the taxes will not he increased but the
improvements will increase the value of their property. He stated that the tax
rate is 55.60 per 5100 eva.ation now but there no quention that these
improvements do increase the value of homes
Mr David Cook, representing Mrs. Cleveland Sammons (Item 141) informed the
Council. that she would like to have the design for the sidewalks at her property
at the intersection a Heiser and Sammons changed so that the sidewalks could be
installed next to the curb. He explained that the reason for this is that
White's Auto Store le located across the street a number of cars park in front
. .T PrePerty; she is physically unable to take care of the median between the
sidewalk and curb, therefore. ehe would like to have the sidewalk constructed
adjacent to the curb.
Mr. Smith stated that he has discussed this with the property owners all
of the property is zoned .11-4T; and their request wee to move the sidewalk
adjacent to the curb He stated that there is a possibility that the plans
might be changed to widen this street. and if this is done, the sidewalk could
be constructed adjacent to the curb.
Mayor Jones requested that the Council be provided with the Staff
recommendation in regard to this item.
Mrs Phyllis McBride. 10606 Fmmerd loop. (Item 28) informed the Council
that they have an existing concrete driveway that is in very good condition and
she wondered If they would be allowed credit for that driveway.
Mr Smith replied that if the contractor can tie that driveway into their
construction, a 100S credit will he given the McBride's, but there mdght be
difficulty ln tying It into the construction
MS
Spe Council Meeting
May 14, 1985
Page 5
Smith Mathis, who own 0654 H d Council
that Mr.
has very r informed t
ncil
Fat his roperty contains apartments wherehead-inparking amara, the elot un
allow door is 6parkin wide
ereand
heCithas
bas proposed
lease with he property owner next
g.
He ted that the ordinance allows upptopeliminating
40-footd iveways e d beswould plike nallowsto
have
a variance for a wider driveway to accommodate the parking.
Smith stated that if the Council will grant the variance, the Staff has
no problem allowing the head -in parking.
explained that the Staff could include that p item m 1n
the ordinance next weak with he entire recommendation
the
change n the direction
of then drainag. Davide Guessoum, 11222 flow, statingthat O he understood that here might be a problem
in accommodating the drainage from Violet Road.
r.
HitM1 collect Violet Road Nes agreedthat there may stormns are for off-site
lained that on Guess
sewer whichbe
drainage problemsuntila storm sewer has rbeen installed on Violet Road.
Anotherntleman in the audience inquired, about possibility o
staining the culvert that is picked up when the drainage ditches are elimfmted
He asked if that would belong co the contractor.
Mr Smith explained that that is up co the contractor co dispose of, and if
Fe wishes to give it to the property owner, he may do so.
Council Member Hendee stated that he had discussed the drainage on Violet
Road, a will flow down Sunny
some down Guess t wa h s r d oe ifelt that F rainage will be greatlI proved
Indthe area follwingre completion a this project.
Mayor Tones invited members o the audience to attend
a Council Meeting
on aa Tuesday, alloyed to address the Council
ps itfrom
Audience at any
the
t pleasant and rewarfC
this was one of the ding neighborhood meetings they had
attended in some timeHe stated that he felt that
and expressed appreciation to the group who had attended.
There being no further business to
come before the Council, on motion by
councii member true, seconded by Council Membe i 5 an pease, unanimously,
the meeting was adjourned a p m y 985.
SECTION 2. That said City Council hereby fonds and determines upon
the evidence heardnreference to each and every parcel or property abutting
pan the aforesaid streets, within the limits defined, that the special
benefits in the enhanced value to accrue to said property and the real and
men
true a owners thereof, byvirtue to the construction of said
Improvements to saidi portion of said streets poi which said property abuts,
will bet
in a of the a ount ofthe cost of said improvements as proposed
to be, and as herein assessed against said abutting property and the real and
true owners thereof, and fonds that the apportionment of the cost of said
improvements, and that 011
5ements hereinbelow made ,lust and
equitable and produce substantial equality considering the benefits received
and the burdens imposed thereby, and ataccordance 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 or owners thereof, whether named or rectly named herein o
not, have been in all things regularly had and performed on compliance with
the law, Charter provisions and proceedings of the said City Council.
SECTION 3 That in pursuance of said ordinance, duly enacted by sand
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
o
improvements and by virtue of the powers ve ted i s idCity with respect to
d street
improvements by the laws of the State of Texas d 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 Covo1 Statutes of Texas, a mended, there
shall he, and is hereby levied, assessed and taxed against s the respective
realels or and trueepowne owners thereof,pon whether a such an of real anddt true streets,
andor owne ownersinst the
named or correctly rnamed herein or not, the several sums of money hereinbelow
mentioned Land itemized opposite the description of the respective parcels of
sand property, the number of front feet of each and the several amounts assessed
against and the real and true os thereof, and n of the
apparent
parent ownersfollow,hereof, all as corrected ornd owners
by said City sCouncil,
02.084.01
RELIMINARy ASSESSMENT ROLL
ANNAVILLE AREA, NO 2
STREET IMPROVEMENTS
The AnnavilleArea. No. shall include improvements
the following streets. 2 street improvements vemen[a [n
Annavfile Area, No 2
2. Ford Drive,
from mHelzerNU rive c Drive. Road,
3 Veda Drive, from Emmord Loop toHeizer62
4. Hurst Drive, from Emmord Loop t06 Emmord Loop,
5. Sammons and Nide Drives, from Heizer Drive to Leopard Street, Sc
r et,DvefrovioltaViolet Road. s ay Priv,
m eRod LeDrive.
Thestreets hall be constructed by excavation to 6width and depth to permit
compacted hemaying of a standard , curb
ed •" compactedeubrade, 8"11602b andlyTyp6 asphaltic
gr.
reets
will be 28 feet in width measured from rhe back of
•'u constructed
enthee,Istifoot
�thick f -ways Ther wilbe4ide reinforceddocr.
sidewalks 'thick a 6reinforced concrete driveways as shown on the
The assessment rates have been calculated in accordance with t
he City's current
paving pocy. Ba this policy and the leu b submitted b
Asphalt. Inc theassessmentrates are as follows prices Y Oceanside
Item
Bid Price Assessment Rate
26 W
6 Curb, Cutter 6 Pavement $12 95 L.P. $12.75 L
Sidewalks $ 1.51 S.F. $ 1.00 S F
Driveways $ 3.6E S.F $ 3 67 S.F.
Residential. School 4 p
Church P rty
6" Cutter Pavement
Sidewalk
Driveways
Bid Price k Street
Total Bid Price
Final Assessments
City's Portion
GS/al
$ 9.75 L.P.
$ 1.00 S F
$ 3 67 S.F.
$26.64 L.F
RELIMINARY ASSESSMENT ROLL
ANNAVILLE AREA, N0. 2
STREET IMPROVEMENTS
The
the Annaville streets. Area, No. 2 street improvements shall include improvements to
following
Annaville Area, No, 2
1. Heizer Drive,[view Road,
2 tl LoopfromHeizer
3. Drive, from EmmordrLoop to to Heiner
4 Veda
Drive, from E®ard Loop to Emmord Loop,
5.®ns and Nida Drives, from Heizer Drive t Leopard 5
6. ssvd
Drive, from Rill Top Road to Violet Road, a Street,
J Sunny Drive, from Violet Road to Leonard Drive,The
nese streetsying of shall be
constructed by excavation to a width and depth Co permit
"plated caliehetanda baSe and11 curb and ggutter section, b" compacted ubgrade, 6"
s d e " Hat Mix asphaltic pavement. The streets
will be 28 feet in width mei from the back of c curbs and constructed vitb-
in the valks14"ing 50 thick andt6"ithickf reinforced ere will be concrete 4 a as o concrete
plans
driveways reinforced
ifshosmdnctMere
seessmeYBeshave
beenlculac din ac with the tyeiniacpcthe
bid ea submitted
y ceaneidePhat.Inc., the assessment rates are asolws
em
Bid Price
28. Wide Street, BOC
6" Curb, Gutter 6 Pavement $12.15 L.P.
Sidewalks
Driveways $ 1,51 5 P
$ 3.67 S.P
Residential, School 6 Church Property
6" Curb, Gutter 6 Pavement
Sidewalk
Driveways
Bid Price k Street $26.640.5.
Total Bid Price $1,376,478.10
Final Assessments
88
City's Portion $1.038, 287Gerald Smit , P.ECity Engineer
Assessment Fate
012.75 L.P.
5.75 L r.
$ 1 00 S.F.
$ 3.67 ,
CS/al
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SECTION 4. Be it further ordained that to the event the actual
frontage of any property herein ase ssed shall be found upon the completion of
said improvements to be greater orless than the number of feet hereinabove
stated, the assessments herein set against any such property and against the
real and true ao n thereof, shall be, and the s re hereby
declared to be Increased decreased as the c may be, in same
proportion
which said e r deficiency or frontage shall bear to the whole number of
front feet ofpropertyactually improved ins cordance with the front foot rule
or rate of assessment herein adopted, it beingthe intention that such parcel of
propert and the real and true ownerorn thereof abutting n the portion
c
f the streets above described, withithe limits defined, shall pay for said
improvements under the "FRONT FOOT RULE OR PLAN", which rule or plan is hereby
found and determined to be ,lust and equitable and to produce a substantial
equality, having inview the special benefits to be received and the burdens
imposed thereby; and it is further ordained that upon final completion and
acceptance of said improvements on the aforesaid streets, within the limits
defined all certificates hereinafter provided for, issued to evidence said
assessments against said parcels of property abutting upon said street, and the
real and true owner or owners thereof shall be issued in accordance with, and
shall evidence the actualfrontage of said property and the actual cost of said
Improvements, the amount named i said certificate i no
a
e to exceed the
amount herein assessed against such property unless suchincrease be caused by
an sof front footage over the amount hereinabove stated, such actual cost
and such actual number of front feet, if different from the hereinabove shown in
Section 3 hereof, to be determined by the City Engineer upon completion of said
work on said street, and the findings of the City Engineer shall be final and
binding upon all parties concerned.
SECTION 5. That the several sums mentioned above In Section 3 hereof
asseswithin the againstsaid
sdefined, and thels of y real andtruenow en the rs 540440f,esaid whether named
or correctly named herein ornot, subject to the provisions of Section 4
thereof, together with interest thereon at the rate of eight percent (8%) per
annum
with reasonable attorney's fee and all costs and expenses of collection,
ifincurred, e a hereby declared to be made a first and prior lien upon the
respective parcels of property, against which same
assessed from and after
1
the date d Improvements w said ordered by d City Council, to -wit'
April 9, 1985, and a personal liability and charge against the real and true
owner
owners be named or correctly named herein, and that said lien shall be
andconstitute the first andprior enforceable claim against the property
assessed and shall be a first and paramount lien superior to all other liens,
clams or title, except for lawful ad valorem taxes, and that the same so
assessed shall be paid and become payable in one of the following methods at the
option of the property omen
1. A11 insh within 30 days after completion or
acceptance by City, or
2. Payments to be made in maximum of 120 equal
nstallments, the first of which shall be paid within 30
days after the completion of said improvement, and the
02.084 01
acceptance thereof by the City, and the balance to be
paid to 119 equalcInstallments
monthly stallments
commencing on the 1st day of the next succeeding month
until the entire sum s paid in full, together with
interest from the date of said completion and acceptance
y the
City.
until paid, at the rate of eight percent
b%
3. The total number of monthly installments o
owner
occupied property may be extended beyond 120 in number so
that, at thes
ner' quest, the total monthly payments
will not exceed ten ($10.00) per month.
provided, however, that in order for the ovmers
of said property to avail
themselves of Option "2" o "3", above theyshall be required to execute a
agreement providing for such payments and shall have the privilege of paying
one,
r 1l, 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 E. That for the purpose of evidencing said assessments,
ments, the
liens securing s and the several s e ssed against the said parcels o
property and the r ae
l and true ow rowners thereof and the time and terms of
payment, and to td in the enforcement thereof, assignable certificates shall be
issued by the City of Carpus Christi, Texas, to itself upon the completion of
said improvements in said streets and acceptance thereof by said City Council,
which certificates shall be executed by the Mayor in the name of the City,
attested by the City Secretary, with the corporate seal of said City, and which
certificates shall declare the amounts of said assessments and the times and
terms thereof, the rate of Interest thereon, the date of the completion and
acceptance of the improvements for which the certificate is issued, and shall
contain the names
w of the apparent true oowners accurately a
possible, and the description f the propertyassessed by lot and block number,
p
r front fot thereof, such other description ea may otherwise identify the
and if the said property shall be owned by an estate or firm, then to s
state the fact shall be sufficient and no error or mistake in describing such
property or to giving the name of any ownerr otherwise, shall i
an aneeed Invalidate v a t08 impair the assessment levied hereby or the certificate
That said certificate shall further provide substantially that if
default shall be made in the payment of any installment of principal or interest
when due, then at the option of the City, its successors,
a501925, or the
holder thereof, the whale of said assessment evidence therebyshall at once
become due and payable, and shall be collectible with reasonable attorney's fees
and all expenses and costs of collection, if Incurred. and said certificate
shall set forth and evidence the personal liability of the real and true owner
or owners to all otherop property,
a d 0000 and d lien is first and paramount thereon,
superiorcharges, except far lawful ad valorem
taxes, from and after the date said improvements were
ordered by said City
Council, to -wit April 9, 1980, and shall provide in effect that if default
02.084.01
shall be made in the payment thereof, the same may be enforced, at the option of
the City, ar their successors and assigns, by the sale of the property therein
described in the manner providedfor 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 f
the a ment lien against the property therein described, ar attempted to be
described, and the personal liability of the real and true oymer or
thereof, evidence by such certificates, have been regularly done and performed,
which recitals shall be evidence of all the matters and facts so recited and no
further proof thereof shall be required in any court.
That said certificates shall further provide in effect that the City
of Corpus Christi, Texas, shall exercise all of its lawful powers, in the
enforcement and collection thereof, and said certificates may contain other and
further recitals, pertinent and appropriate thereto It shall not benecessary
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 orovmers of the property descrihed,
or attempted to be described, notwithstanding such owner
or ws may not be
named a c rr ctly named, and any irregularity in thename of rthe property
owner,
r the description of any property or the amount of any assessment, or in
anyther matter or thing shall not in anywise Invalidate or impair any
assessment levied hereby or any certificate issued, and such mistake, or error,
invalidity or irregularity whether to such assessment orn 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 thatthe omission of said improvements in front of any
part of parcel of property abuttingupon the aforementioned streets, which i
exempt from the lien of said a, sesn me t, shall ino
n wise affect or impair the
validity of assessments againsttheother parcels of property abutting upon said
street, and that the total amounts assessed against the respective parcels of
property abutting upon said streets within the limits herein defined and the
real and true awner or owners thereof, are the same as, or less than, the
adoptedestimatroved and
e by ofsaid
City Council and andeareedn by
ordanceywiEth ether oc duares of said
City Council relative to said Improvements and assessments thereof, and with the
terns, powers and provisions of said Chapter 106sofsthe 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 terns, power and provisions said proceedings, said
improvements and assessments were had and made by said City Council.
SECTION 8. That upon written request of the Mayor or five Council
members, copy attached, to find and declare an emergency due to the need for
efficient administration of City affairs by the closing of such hearing an
02.084.01
public street improvements, such finding of anemergency ,s made and declared
requiring suspension of the Charter rule as to consideration and voting upon
ordinances or esolutions at three regular meetings so that this ordinance is
passed and shall take effect upon first reading as an emergency measure this the
21st day of May, 1985.
ATTEST:
City Secre
APPROVED:j/0 lAY OF MAY, 1985
Jay Doegey
02.084.01
oac,VAxtorney
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
Corpus Christi, Texas
.2;94 day of 198r—
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance
or resolution, an emergencexists requiring suspension of the Charter le
as to consideration and voting upon ordinances or resolutions at three
regular meetings; I/we, therefore, request that you suspend said Charter rule
and pass this ordinance or resolution finally on the date it is introduced,
or at the present meeting of the City Council.
Respectfully, Respectfully,
ouncil Members
MAYOR
THE CIT F CORPUS CHRISTI, TEXAS
The above ordinance was pa ed the following vote
Luther Jones
Dr. Jack Best
David Berlanga, Sr
Leo Guerrero
Joe McComb
Frank Mendez
Bill Pruet
Mary Pat Slavik
Linda Strong
18840