HomeMy WebLinkAbout19200 ORD - 02/25/1986• •
AN ORDINANCE
CLOSING THE HEARING ON STREET IMPROVEMENTS ON THE
FOLLOWING STREETS:
OCEAN DRIVE, EAST SIDE ONLY, FROM THE ACCESS ROAD AT
COLE PARK TO THE EMERALD BEACH HOLIDAY INN ENTRANCE AT
BUFORD STREET;
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 21st day of January, 1986,
determined the necessity for, and ordered the improvement of the following
streets:
Ocean Drive, east side only, from the access road at
Cole Park to the Emerald Beach Holiday Inn entrance at
Buford Street;
in the manner and according to the plans and specifications heretofore
approved and adopted by the City Council by ordinance dated January 21,
1986, a duly executed notice of said ordinance having been filed in the
name of the said City with the County Clerk of Nueces County, Texas; and
WHEREAS, the said City Council has caused the City Engineer to
prepare and file estimates of the cost of such improvements and estimates
of the amount per front foot proposed to be assessed against the property
abutting upon a portion of the aforesaid streets within the limits herein
defined, to be improved, and the real and true owners thereof, and said
City Engineer has heretofore filed said estimates and a statement of other
matters relating thereto with said City Council, and same has been
received, examined and approved by said City Council; and
WHEREAS, said City Council, by duly enacted ordinance dated
January 21, 1986, did determine the necessity of levying an assessment for
that portion of the cost of constructing said improvements on the above
named streets, within the limits herein defined, to be paid by the abutting
property and the real and true owners thereof, and by ordinance dated
January 21, 1986, did order and set a hearing to be held at 2:00 p.m. on
18th day of February, 1986, in the Council Chambers, 302 S. 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, and
for all others owning or claiming any interest in, or otherwise interested
in said property, or any of said matters as to the assessments and amounts
to be assessed against each parcel of abutting property and the real and
true owner or owners thereof, and as to the special benefits to accrue to
said abutting property by virtue of said improvements, if any, or
concerning any error, invalidity, irregularity or deficiency in any
proceedings, or contract, to appear and be heard in person or by counsel
and offer evidence in reference to said matters; and the City Council did
by said ordinance order and direct the City to give notice of said hearing
028,124.02
moo MICROFILMED
•
to the owners abutting upon said streets as shown by the current ad valorem
tax roll by mailing such notice to such owners and publishing said notice
at least three times in the Corpus Christi Times before the date of the
hearing, such notice of mail and by publication being in compliance with
the provisions of Article 1105b of Vernon's Annotated Civil Statutes of
Texas; and
WHEREAS, such notice was given said owners of property as shown
on the current ad valorem tax roll within the limits of the streets being
improved by mailing such notice at least fourteen (14) days prior to the
hearing to such owners and by publishing three times notice of such hearing
in the Corpus Christi Times, the first of which publication was at least
twenty-one (21) daysprior to the date of said hearing; both forms of
notice being in compliance with and containing the information required by
Article 1105b, Vernon's Annotated Civil Statutes; and
WHEREAS, after due, regular and proper notice thereof, all as
provided by law and the Charter of the City of Corpus Christi, said hearing
of which notice was given, was opened and held on February 18, 1986, in the
Council Chambers, 302 S. Shoreline, in the City of Corpus Christi, Texas,
in accordance with said ordinance and notice, at which time an opportunity
was given to all said abovementioned persons, firms, corporations and
estates, their agents and attorneys, to be heard and to offer evidence as
to all matters in accordance with said ordinance and notice, at which time
the following appeared and offered the following testimony:
02G.124.02
•
Minutes
Regular Council Meeting
February 18, 1986
Page 6
•
The Charter Rule was suspended and the ordinance passed as follows: Jones,
est, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting,
e".
13. ORDIN E NO. 19191:
AMENDING T ZONING ORDINANCE UPON APPLICATION OF RODD FIELD PROPERTIES BY
GRANTING A SP IAL COUNCIL PERMIT FOR A MINIATURE GOLF COURSE ON A PORTION
OUT OF LOT 52, BLOCK 1, GREENWAY GARDENS UNIT 2; AND DECLARING AN
EMERGENCY.
The Charter Rule was su .ended and the ordinance passed as follows: Jones,
Best, Berlanga, Guerrero, cComb, Mendez, Pruet, Slavik and Strong voting,
"Aye".
14. SECOND READING:
AMENDING CHAPTER 57, VEHICLES FOR HIR. BY AMENDING ARTICLE IIIA, LIMOUSINE
AND SIGHTSEEING SERVICE; PROVIDING 'R SEVERANCE; AND PROVIDING FOR
PUBLICATION.
The ordinance was read for the second time an. .assed to third reading as
follows: Jones, Best, Berlanga, Guerrero, McCo , Mendez, Pruet, Slavik
and Strong voting, "Aye".
15. SECOND READING:
AMENDING CHAPTER 6, ANIMAL CONTROL, BY AMENDING SEC. 6- •, LICENSING,
SUBPARAGRAPH (c), TO ESTABLISH A SYSTEM IN WHICH VETERINARIANS RE REBATED
$1.00 FOR EACH PET LICENSE SOLD; PROVIDING FOR SEVERANCE; AND PRO DING FOR
PUBLICATION.
The ordinance was read for the second time and passed to third reading •s
follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavi
and Strong voting, "Aye".
Mayor Jones announced the public hearing on the following assessment
project:
16. Assessment Hearing: For the construction of a 7 -foot wide sidewalk and
bikeway along the east side of Ocean Drive from the Holiday Inn entrance at
Buford Street to the north access road in Cole Park.
Assistant City Manager Lontos explained the procedure to be followed during
the assessment hearing in accordance with State law, and stated that Jay Doegey,
Assistant City Attorney, will conduct the formal portion of the hearing.
111/1
Minutes
•
Regular Council Meeting
February 18, 1986
Page 7
Mr. Doegey called as his first witness Mr. Gerald Smith, City Engineer.
Through questioning of Mr. Smith, Assistant City Attorney Doegey established his
qualifications to testify as City Engineer of the City of Corpus Christi.
Mr. Smith explained that the scope of the project is from the east side of
Ocean Drive from the access road at Cole Park to the Emerald Beach Holiday Inn
entrance at Buford Street. He stated that the sidewalk section shall be
constructed of reinforced concrete, it will be 7 feet wide; adjacent to the
curb; and a wooden railing, 40" high, will be constructed along the bluff side
of the sidewalk. Mr. Smith continued by stating that they are proposing to
remove a few palm trees and 31 new palm trees will be replanted. He displayed a
schematic of the project proposed. He explained that a 1963 agreement with the
Scotch Investment Company obligates the abutting property owners to pay for
sidewalk improvements "east of the west side of the east curb"; the Staff
previously recommended that the owners be assessed 100% of the cost of 5 feet of
the 7 -foot sidewalk; that based on this recommendation, the five items on the
preliminary assessment roll have a total assessment value of $31,033.15; and
that the low bid price of $91,936.05 was submitted by A. Ortiz Construction and
Paving, Inc.
Assistant City Attorney Doegey asked that Mr. Smith state the specific
benefits of this project to the community, and Mr. Smith explained that this
project would not only benefit joggers, bikers and pedestrians but would serve
as an enhancement to the abutting property owners.
Assistant City Attorney Doegey then inquired of Mr. Smith as to when the
Staff anticipates work will commence on the project, and Mr. Smith replied that
it would be three weeks after the contract is awarded or about the middle of
March and that it is only a two-month project.
Mr. Doegey called as his next witness, Mr. George N. Paraskevas.
Through questioning of Mr. Paraskevas, Mr. Doegey determined that Mr.
Paraskevas is a Certified Independent Broker; has been in real estate for 15
years; and is familiar with the project and with the assessment roll.
Mr. Paraskevas stated that he has examined the property listed on the
assessment roll and that in his opinion, the properties being assessed in this
improvement will be enhanced in value at least in the amount of the assessment.
He stated that the existing sidewalk is deteriorated and that joggers or
pedestrians could easily trip and fall into the path of a vehicle. He stated
that there are no pie -shaped pieces of property and that the only condition is
that the palm trees that willbe removed be replaced at least to the same
number.
Mayor Jones called for comments from the audience; and there were none.
A motion was made by Mayor Pro Tem Best that the hearing be closed,
seconded by Council Member Strong; and passed unanimously.
•
Minutes
Regular Council Meeting
February 18, 1986
Page 8
•
Mr. Smith informed the Council that the ordinance adopting the assessment
roll would be on the agenda next week.
17. Recessed Street Closing: 17th Street from Agnes Street to Marguerite
Street and the unimproved 10 -foot wide alley in Block 8, Home Place
Subdivision. The staff has no objection to the street and alley closures
ubject to retainage of appropriate utility easements.
A moon was made by Council Member McComb that the recessed street closing
be reopene., seconded by Council Member Slavik and passed unanimously.
Mayor Jone stated that items 17 and 18 are related; therefore, the Council
needs to consider hem at the same time.
18. A..lication No. 6-3, Kaffie Brothers: For a change of zoning from "A-2
Apartment House Di rict to "I-2" Light Industrial District on a tract of
land being } of Lot and Lots 5, 6, and 7, Block 9; Lots 8, 9, 10, and
of Lot 11, Block 8, Hom- Place Subdivision.
Assistant City Manager Tom 1 ter stated that in response to the 23 notices
mailed, 3 were returned in favor; •.d 5 were returned in opposition. He stated
that the Planning Commission recommendenial and the Planning Staff recommends
approval.
Mr. Larry Wenger, Director of Plannin• displayed the area on the zoning
and land use map, described the land use in the surrounding area, and showed
slides of the vicinity, adding that the requester change of zoning is from "A-2"
to "I-2" on both sides of the 17th street.
Mayor Jones called on the applicant to speak.
Mr. Morris Myers, representing the applicant, statethat they need both
the zoning change and the street closure to accommodate e structure. He
stated that there were a few people who objected to the locatibeing in close
proximity to the residences; there had been some concern expre sed about the
school children; and they had had the Traffic Engineering Departm•.t conduct a
traffic count of the area and had found it to be low for pedest ans. Mr.
Morris stated that he felt this project would enhance the neighborho.,' noted
that ingress and egress to the subject property will be from Agnes Stree • and
they plan to fence the area along Marguerite Street to protect Marguerite rom
truck traffic. He stated that if there was a problem with the ingress or egre
in the area, he would be happy to work out something. He explained that the
building would be constructed of a pre -fab metal; there will be some
landscaping; and if there needs to be any screening, they would be happy to
plant some oleanders.
•
WHEREAS, no further parties appearing and no further testimony
being offered as to the special benefits in relation to the enhanced value
of said abutting property as compared to cost of the improvements of said
portion of said streets proposed to be assessed against said property, or
as to any errors, invalidities or irregularities, in the proceeding or
contract heretofore had in reference to the portions of said streets to be
improved; and
WHEREAS, said City Council has heard evidence as to the special
benefits and enhanced value to accrue to said abutting property, and the
real and true owner or owners thereof, as compared with the cost of making
said improvements on said streets within the limits above defined, and has
heard all parties appearing and offering testimony, together with all
protests and objections relative to such matters and as to any errors,
invalidities or irregularities in any of the proceedings and contract for
said improvements, and has given a full and fair hearing to all parties
making or desiring to make any such protest, objection or offer testimony
and has fully examined and considered all evidence, matters, objections and
protests offered and based upon said evidence, testimony and statements,
said City Council finds that each and every parcel of property abutting
upon the portion of the streets aforesaid within the limits to be improved
as herein defined, will be enhanced in value and specially benefited by the
construction of said improvements upon the said streets upon which said
improvements proposed to be, and as hereinbelow assessed against each and
every said parcel of abutting property, and the real and true owners
thereof, and said City Council did consider and correct all errors,
invalidities or deficiencies called to its attention and did find that all
proceedings and contracts were proper and in accordance with the Charter of
said City and the laws of the State of Texas, under which those proceedings
were being had, and the proceedings of said City Council heretofore had
with reference to such improvements, and in all respects to be valid and
regular; and said City Council did further find upon said evidence that the
assessments hereinbelow made and the charges hereby declared against said
abutting property on the portions of the streets hereinabove described,
within the limits defined, and the real and true owner or owners thereof,
are just and equitable and did adopt the rule of apportionment set out
below and the division of the cost of said improvements between said
abutting properties, and the real and true owner or owners thereof, as just
and equitable, and as producing substantial equality considering the
benefits to be received and the burdens imposed thereby, and that all
objections and protests should be overruled and denied except the
corrections and changes as appear on the final assessment roll included in
this ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That there being no further protest or testimony for
or against said improvements, said hearing granted to the real and true
owners of abutting property on said streets, within the limits above
defined, and to all persons, firms, corporations and estates, owning or
claiming same or any interest therein, be and the same is hereby closed and
all protests and objections, whether specifically mentioned or not, shall
be, and the same are hereby overruled and denied.
02G.124.02
• •
SECTION 2. That said City Council hereby finds and determines
upon the evidence heard in reference to each and every parcel or property
abutting upon the aforesaid streets, within the limits defined, that the
special benefits in the enhanced value to accrue to said property and the
real and true owner or owners thereof, by virtue to the construction of
said improvements to said portion of said streets upon which said property
abuts, will be in excess of the amount of the cost of said improvements as
proposed to be, and as herein assessed against said abutting property and
the real and true owners thereof, and finds that the apportionment of the
cost of said improvements, and that all assessments hereinbelow made are
just and equitable and produce substantial equality considering the
benefits received and the burdens imposed thereby, and are in accordance
with the laws of the State of Texas, and the Charter provisions of the City
of Corpus Christi, Texas, and that the proceedings and contract heretofore
had with reference to said improvements are in all respects regular, proper
and valid, and that all prerequisites to the fixing of the assessment liens
against said abutting properties, as hereinabove described and the personal
liability of the real and true owner or owners thereof, whether named or
correctly named herein or not, have been in all things regularly had and
performed in compliance with the law, Charter provisions and proceedings of
the said City Council.
SECTION 3. That in pursuance of said ordinance, duly enacted by
said City Council, authorizing and ordering the improvements of the above
described street, within the limits defined, and in pursuance of said
proceedings heretofore had and enacted by said City Council, in reference
to said improvements and by virtue of the powers vested in said City with
respect to said street improvements by the laws of the State of Texas and
the Charter of said City, with particular reference to Chapter 106 of the
Acts of the First Called Session of the 40th Legislature of the State of
Texas, known and shown as Article 1105b of Vernon's Annotated Civil
Statutes of Texas, as amended, there shall be, and is hereby levied,
assessed and taxed against the respective parcels or property abutting upon
said portion of said streets, and against the real and true owners thereof,
whether such real and true owner or owners be named or correctly named
herein or not, the several sums of money hereinbelow mentioned and itemized
opposite the description of the respective parcels of said property, the
number of front feet of each and the several amounts assessed against same
and the real and true owner or owners thereof, and names of the apparent
owners thereof, all as corrected and adjusted by said City Council, being
as follows, to -wit:
02G.124.02
•
Final Assessment Roll
Ocean Drive Sidewalk/Bikeway
Improvements
The Ocean Drive Sidewalk/Bikeway improvement project shall include improve-
ments to the following street:
Ocean Drive, east side only, from the access road at Cole Park to
the Emerald Beach Holiday Inn entrance at Buford Street.
This sidewalk section shall be constructed of reinforced concrete, 7' wide,
and tied to the curb. A wooden railing, 40" high, will be constructed along
the bluff side of the sidewalk.
The assessment rate has been calculated based on the Scotch Investment
Company's 1963 agreement with the City of Corpus Christi pertaining to the
C. G. Glasscock Bayfront Addition. The low bid for this project was submitted
by A. Ortiz Construction and Paving, Inc. The assessment rate is as follows:
Item Bid Price plus Engineering Assessment
Rate
Cost
Sidewalk $3.08 S.F.
Total Bid Price
Final Assessments
City's Portion
GS:das
$3.08 S.F.
$91,936.05
30,078.35
$61,857.70
Gerald Smith, P.E.
City Engineer
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FEBRUARY 25, 1986
5605 1
,ITEM
, N0.
OWNER AND '-
' PROPERTY DESCRIPTION
DESCRIPTION
`. QUANTITY - DF
ASSESSED .t.ASSESSMENT
RATE
AMOUNT
101AL
- AMOUNT
ASSESSED
...
,FINAL
'
'
6'
FINAL ASSESSMENT ROLL
- OCEAN DRIVE SIDEWALK
COLE PARK TO THE HOLIDAY INN
J..
µ .-. :•, '
'
OCEAN DRIVE, EAST SIDE ONLY
BEGIN AT COLE PARK
d 1
,I
"
CITY OF CORPUS
COLE PARK ENTRANCE
-0- L.F.C.G.0 PVMT.
-0- L.F.C.G.0 PVMT.
2,044.00 S.F. S/W
-0-
-0-
-0-
-0-
-0-
_0-
•
.; .0- S.F. S/W
-0- 'S.F. D/W-0-
-0- ` S.F. D/W "
-0-
-0-
.00
2
COUNCIL:. OF C0 -OWNERS
C/0 DR. R.B. CUTUP-
PRES. OF THE BOARD
.: -0- L.F.C.G.0 PVMT.
;`-0-_. L.F•C.G.E PVMT.
1,069.15 S.F. S/W .".3.08
,;. 0
0
'
-0-
3,292.98
1400 OCEAN DRIVE 11401-C
CITY, 78404
LOT 3 BLK 1
-0- S.F. S/W
-0- S.F. D/W
-0- 5.F. D/W
-0-
-0-
-0-
-0-
-0-
-0_
MARINA DEL SOL
213.83 L.F. -iY ?
3,292.96.'
3
,
CHILIWACK
C/0 B.T. HENDERSON
-0- L.F.C.G.0 PVMT.
-0- L.F.C.G.0 PVM7.
-0-
-0-
-0-
PO BO 168 --
PLANO TX 75074 - rY
LOTS 1 E 2-BLK 1
O11, 46.75 S.F. 5/W -
-0- S.F. S/W
- -0- S.F. D/W. ^
-3.08
: -0-
4,763.99
_0- T`3
.�'
MARINA DEL SOL
277.05 0 94.30 L.F.
OCR 62• D/W AREA
-0- S.F. D/W
-0-
-0 -
"I
4,763.99 ;;
_
4
CHILIWACK-
r
0-. 0- L F.0 .G.E PYMT.
-0-
.4)
C/O B.T. HENDERSON
PO BOX 1168
PLANO TX 75074
-0- L.F.C.G.0 PVMT.
4,001.25 S.F. S/W
-0- S.F. S/W
-0-
3.08
-0-
12,323.85
-0-
POR OF LOTS 2 1 ALL LOT 3
C.G. GLASSCOCK BAYFRONT
800.25 L.F.
-0- -. S.F. D/W
-0- S.F. D/11
-0-
12,323.85
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FEBRUARY 25, 1986
,ITEM e OWNER AND
NO. PROPERTY DESCRIPTION
QUANTITY
ASSESSED
DESCRIPTION
ASSESSMENT
PAGE 2
RATE -a AMOUNT
TOTAL •
AMOUNT.
ASSESSED
5 GREAT AMERICAN RESER E
C/O TEX—KEN, MGR.
4243 HUNT RD
CINCINNATI OH 46E4C
-0- L.F.C.G.E PVMT.
- 0 L.F.C.G.E PVMT.
3,148.55 S.F. S/W
LOT 1 E FOR LOT 2
C.G. GLASSCOCK BAYFRONT
—o— S.F. S/W
— 0— S.F. D/W
— 0— S.F. D/W
—0-
3.08
9,697.53
- 0-
-0-
- 0—
-0—
9,697.53
HOLIDAY ENTRANCE
END SIDEEWALK CONSTRUCTION
END PROJECT
TOTAL ASSESSMENTS
8**
30,078.35
i
•
SECTION 4. Be it further ordained that in the event the actual
frontage of any property herein assessed shall be found upon the completion
of said improvements to be greater or less than the number of feet
hereinabove stated, the assessments herein set against any such property
and against the real and true owner or owners thereof, shall be, and the
same are hereby declared to be increased or decreased as the case may be,
in the proportion which said excess or deficiency or frontage shall bear to
the whole number of front feet of property actually improved in accordance
with the front foot rule or rate of assessment herein adopted, it being the
intention that such parcel of property and the real and true owner or
owners thereof abutting on the portion of the streets above described,
within the limits defined, shall pay for said improvements under the "FRONT
FOOT RULE OR PLAN", which rule or plan is hereby found and determined to be
just and equitable and to produce a substantial equality, having in view
the special benefits to be received and the burdens imposed thereby; and it
is further ordained that upon final completion and acceptance of said
improvements on the aforesaid streets, within the limits defined all
certificates hereinafter provided for, issued to evidence said assessments
against said parcels of property abutting upon said street, and the real
and true owner or owners thereof shall be issued in accordance with, and
shall evidence the actual frontage of said property and the actual cost of
said improvements, the amount named in said certificate in no case to
exceed the amount herein assessed against such property unless such
increase be caused by an excess of front footage over the amount
hereinabove stated, such actual cost and such actual number of front feet,
if different from the hereinabove shown in Section 3 hereof, to be
determined by the City Engineer upon completion of said work on said
street, and the findings of the City Engineer shall be final and binding
upon all parties concerned.
SECTION 5. That the several sums mentioned above in Section 3
hereof assessed against said parcels of property abutting on the aforesaid
streets, within the limits defined, and the real and true owners thereof,
whether named or correctly named herein or not, subject to the provisions
of Section 4 thereof, together with interest thereon at the rate of eight
percent (8%) per annum with reasonable attorney's fee and all costs and
expenses of collection, if incurred, are hereby declared to be made a first
and prior lien upon the respective parcels of property, against which same
are assessed from and after the date said improvements were ordered by said
City Council, to -wit: January 21, 1986, and a personal liability and charge
against the real and true owner or owners be named or correctly named
herein, -and that said lien shall be and constitute the first and prior
enforceable claim against the property assessed and shall be a first and
paramount lien superior to all other liens, claims or title, except for
lawful ad valorem taxes; and that the same so assessed shall be paid and
become payable in one of the following methods at the option of the
property owner:
(1) All in cash within 30 days after completion or
acceptance by City; or
(2) Payments to be made in maximum of 120 equal
installments, the first of which shall be paid within 30
days after the completion of said improvement, and the
acceptance thereof by the City, and the balance to be
02G.124.02
• •
paid in 119 equal consecutive monthly installments
commencing on the 1st day of the next succeeding month
until the entire sum is paid in full, together with
interest from the date of said completion and acceptance
by the City, until paid, at the rate of nine and
twenty-four one -hundreds percent (9.24%) per annum.
(3) The total number of monthly installments on owner
occupied property may be extended beyond 120 in number so
that, at the owner's request, the total monthly payments
will not exceed ten ($10.00) per month.
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 of
paying one, or all, of such installments at any time before maturity
thereof by paying the total amount of principal due, together with interest
accrued, to the date of payment.
SECTION 6. That for the purpose of evidencing said assessments,
the liens securing same and the several sums assessed against the said
parcels or property and the real and true owner or owners thereof and the
time and terms of payment, and to aid in the enforcement thereof,
assignable certificates shall be issued by the City of Corpus Christi,
Texas, to itself upon the completion of said improvements in said streets
and acceptance thereof by said City Council, which certificates shall be
executed by the Mayor in the name of the City, attested by the City
Secretary, with the corporate seal of said City, and which certificates
shall declare the amounts of said assessments and the times and terms
thereof, the rate of interest thereon, the date of the completion and
acceptance of the improvements for which the certificate is issued, and
shall contain the names of the apparent true owner or owners as accurately
as possible, and the description of the property assessed by lot and block
number, or front foot thereof, or such other description as may otherwise
identify the same, and if the said property shall be owned by an estate or
firm, then to so state the fact shall be sufficient and no error or mistake
in describing such property or in giving the name of any owner or owners,
or otherwise, shall in anywise invalidate or impair the assessment levied
hereby or the certificate issued in evidence thereof.
That said certificate shall further provide substantially that if
default shall be made in the payment of any installment of principal or
interest when due, then at the option of the City, its successors, or
assigns, or the holder thereof, the whole of said assessment evidence
thereby shall at once become due and payable, and shall be collectible with
reasonable attorney's fees and all expenses and costs of collection, if
incurred, and said certificate shall set forth and evidence the personal
liability of the real and true owner or owners of such property, and that
said lien is first and paramount thereon, superior to all other liens,
titles and charges, except for lawful ad valorem taxes, from and after the
date said improvements were ordered by said City Council, to -wit:
January 21, 1986, and shall provide in effect that if default shall be made
in the payment thereof, the same may be enforced, at the option of the
02G.124.02
• •
City, or their successors and assigns, by the sale of the property therein
described in the manner provided for the collection of ad valorem taxes as
above recited, or by suit in any court having jurisdiction.
That said certificates shall further recite in effect that all
the proceedings with reference to making said improvements have been
regularly had in compliance with the law and Charter in force in said City
and the proceedings of said City Council of said City, and that all
prerequisites to the fixing of the assessment lien against the property
therein described, or attempted to be described, and the personal liability
of the real and true owner or owners thereof, evidence by such
certificates, have been regularly done and performed, which recitals shall
be evidence of all the matters and facts so recited and no further proof
thereof shall be required in any court.
That said certificates shall further provide in effect that the
City of Corpus Christi, Texas, shall exercise all of its lawful powers, in
the enforcement and collection thereof, and said certificates may contain
other and further recitals, pertinent and appropriate thereto. It shall
not be necessary that said certificates shall be in the exact form as above
set forth, but the substance and effect thereof shall suffice.
SECTION 7. That all such assessments levied are a personal
liability and charge against the real and true owner or owners of the
property described, or attempted to be described, notwithstanding such
owner or owners may not be named or correctly named, and any irregularity
in the name of the property owner, or the description of any property or
the amount of any assessment, or in any other matter or thing shall not in
anywise invalidate or impair any assessment levied hereby or any
certificate issued, and such mistake, or error, invalidity or irregularity
whether in such assessment or in the certificate issued in evidence
thereof, may be, but is not required to be, to be enforceable, at any time
corrected by the said City Council of the City of Corpus Christi. Further
that the omission of said improvements in front of any part of parcel of
property abutting upon the aforementioned streets, which is exempt from the
lien of said assessment, shall in no wise affect or impair the validity of
assessments against the other parcels of property abutting upon said
street; and that the total amounts assessed against the respective parcels
of property abutting upon said streets within the limits herein defined and
the real and true owner or owners thereof, are the same as, or less than,
the estimate of said assessment prepared by the City Engineer and approved
and adopted by the City Council and are in accordance with the procedures
of said City Council relative to said improvements and assessments thereof,
and with the terms, powers and provisions of said Chapter 106 of the Acts
of the First Called Session of the 40th Legislature of the State of Texas,
known as Article 1105b of Vernon's Annotated Civil Statutes of Texas and
Charter of the City of Corpus Christi, Texas, under which terms, power and
provisions said proceedings, said improvements and assessments were had and
made by said City Council.
02G.124.02
••... •
SECTION 8. That upon written request of the Mayor or five
Council members, copy attached, to find and declare an emergency due to the
need for efficient administration of City affairs by the closing of such
hearing on public street improvements, such finding of an emergency is made
and declared requiring suspension of the Charter rule as to consideration
and voting upon ordinances or resolutions at three regular meetings so that
this ordinance is passed and1shall take effect upon first reading as an
emergency measure this the Yf.5-t4
t4 day of February, 1986.
ATTEST:
City Secretary
elLal
MAYOR
THE CITY 0 CORPUS CHRISTI, TEXAS
APPROVED:QQ
2''tkPR�DAY OF FEBRUARY, 1986:
...0001117
_ a
ssistant/' iNh_Attorn
02G.124.02
Corpus Christi, Texas
day o
, 198
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance
or resolution, an emergency exists requiring suspension of the Charter rule
as to consideration and voting upon ordinances or resolutions at three
regular meetings; I/we, therefore, request that you suspend said Charter rule
and pass this ordinance or resolution finally on the date it is introduced,
or at the present meeting of the City Council,
Respectfully, Respectfully,
Council Members
MAYOR
i ,'
THE CIT OF CORPUS CHRISTI, TEXAS
The above ordinance was passed by the following vote:
Luther Jones
Dr. Jack Best
David Berlanga, Sr.
Leo Guerrero
Joe McComb
Frank Mendez
Bill Pruet
Mary Pat Slavik
Linda Strong
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