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HomeMy WebLinkAbout19496 ORD - 09/23/1986AN ORDINANCE CLOSING THE HEARING ON STREET IMPROVEMENTS ON THE FOLLOWING STREETS: Tiger Lane Tiger Lane, from Weber Road to Flynn Parkway; 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 12th day of August, 1986, determined the necessity for, and ordered the improvement of the following streets: Tiger Lane Tiger Lane, from Weber Road to Flynn Parkway; in the manner and according to the plans and specifications heretofore approved and adopted by the City Council by ordinance dated August 12, 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 August 12, 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 August 12, 1986, did order and set a hearing to be held during the regular 2:00 p.m. Council meeting on September 9, 1986, in the Council Chambers, City Hall, 302 South Shoreline Boulevard, 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 07P.088.01 19496 MICROFILMED to said matters; and the City Council did by said ordinance order and direct the City to give notice of said hearing 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) days prior 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 September 9, 1986, during the regular 2:00 p.m. Council meeting in the Council Chambers, City Hall, 302 South Shoreline Boulevard, 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: 07P.088.01 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. 07P.088.01 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: 07P.088.01 .4inutes Regular Council Meeting September 9, 1986 Page 16 He statehat the consultant feels that the local community should be concerned with the sue of jobs. There were no cowmen _ from the audience. Mayor Jones called for the e on the following motion: 6. M86-0394 The City of Corpus Christi support the p ..osal filed by Central Power S Light Company with the Texas Public Utility-.mmission by letter of July 29, 1986 requesting adoption of certain tariffs c..cerning large industrial customers. The motion passed as follows: Jones, Best, Guerrero, Mc , Pruet, and Strong voting "aye"; Berlanga, Mendez, and Slavik voting "no." City Secretary Chapa informed the Council that the motion would be sent with the City's representative to Austin. * * * * * * * * * * * * * Mayor Jones announced the public hearing on assessments for Tiger Lane from Weber Road to Flynn Parkway, providing for assessments of $90,547.27 for the 14 items on the roll. City Attorney George conducted the formal portion of the hearing. He called as his first witness, Mr. Gerald Smith, City Engineer. Through questioning of the witness, Mr. George determined that Mr. Smith is a Registered Engineer in the State of Texas; he has been employed by the City of Corpus Christi for 26 years; he has a degree in Civil Engineering from the University of Texas at Austin; his resume is on file in the Office of the City Secretary; and he is familiar with the project. Mr. Smith stated that this project was approved in the 1982 bond program; $650,000 was allocated for the construction; the purpose of the project is to relieve traffic congestion; this is a new street; the hearing on the opening was held July 8; the Council approved the plans and specifications; bids were received on July 22; the project proposes to construct a 48' wide street with sidewalks on the north side only; it parallels a large ditch; 700' of the ditch will be covered; plans were prepared in the City Engineer's Office; the low bidder was Oceanside Asphalt, Inc. in the amount of $621,647.10; the assessment roll, consisting of 14 items, was prepared by staff; staff is recommending that only 5 properties be assessed; and the residential properties backing to the proposed street, the school, and the church will not be assessed. Minutes Regular Council Meeting September 9, 1986 Page 17 Mr. Smith stated that the ordinance provides that the property owner pay more for new streets; of the 5 properties being assessed, 3 are at the higher rate of $55.41 per square foot, which is 90% of the street cost; and the remaining 2 properties will pay $19.50 per square foot. Mr. Smith pointed out on a transparency the locations of the properties. He stated that the property owners, those being assessed and those not, were notified of the hearing; the assessment can be paid in cash, over a 5 -year period, or in the case of hardship, over a 10 year period; the interest rate is 9.24%; and project completion will be in approximately 5 to 6 months. In response to a question from the Mayor, Mr. Smith stated that there should be no traffic problems on Weber during the construction; there will be intersection realignment, but that work will be performed during the Christmas break so as not to interfere with school traffic. In response to a question from Council Member McComb regarding the possibility of acquiring a corner piece of property on Flynn Parkway, Assistant City Manager Lontos stated that that idea is being reviewed separately from this project. City Attorney George called as his next witness, Mr. George Paraskevas. Through questioning of the witness, Mr. George determined that Mr. Paraskevas is a certified appraiser, licensed in the State of Texas; he is a certified real estate broker; he has been practicing real estate for 15 years and appraising properties for 13 years, both residential and commercial; he is familiar with the project; he has examined each parcel; he has examined the assessment roll and is familiar with the amounts; he is familiar with the conditions; he stated that the ditch will be partially covered; sidewalks will be installed on the north side; the improvements will benefit the properties and the overall community; and it will enhance the properties in at least the amount of the assessment. There were no comments from the audience; a motion was made by Mayor Pro Tem Best to close the hearing; seconded by Council Member Slavik; and passed as follows: Jones, Best, Berlanga, McComb, Mendez, and Slavik voting "aye"; Guerrero, Pruet, and Strong absent at the time the vote was taken. Mayor * * * * * * * * * * * * * called for petitions from the audience. Mr. James Duerr, 3239 n, presented a proposal to convert the old downtown library into a Center for t - elopment of new businesses for Corpus Christi. He stated that this would encourage •usinesses to start in Corpus Christi; it is intended to operate on funds crea office rent and secretarial services; the operating costs per month would roximately $3,912; and until the Center brings in the required revenue, funds be FINAL ASSESSMENT ROLL TIGER LANE STREET IMPROVEMENTS This project shall include the opening and construction of the following street: 1. Tiger Lane, from Weber Road To Flynn Parkway This street shall be constructed by excavation to a width and depth to permit the laying of a standard 6" curb and gutter section, 6" lime stabilized sub - grade, 8" flexible caliche base and 411" Hot -Mix asphaltic pavement. The street will be 48' wide, BOC and constructed within the 60' wide right-of-way. There will be a 5' wide reinforced concrete sidewalk on the north side of the street. Sidewalk will not be constructed on the south side. Driveway aprons will be constructed on the north side of the street as required by the property owners. The assessment rates have been calculated in accordance with the current City paving policy. Based on this policy and the low bid prices submitted by Oceanside Asphalt, Inc., the assessment rates are as follows: Bid Price plus Item Engineering Cost Property, without existing pavement 48' Wide Street BOC Assessment Rate 6" Curb & Gutter $ 6.48 L.F. $ 6.48 L.F. Pavement $48.93 L.F. $48.93 L.F. Sidewalk $ 1.43 S.F. $ 1.43 S.F. Driveways $ 3.56 S.F. $ 3.56 S.F. Property, with Existing Pavement 48' Wide Street, BOC 6" Curb, Gutter & Pavement Sidewalk Driveways Cost 1/2 Street $68.18 L.F. Total Bid Price Final Assessments City Portion GS/al $34.56 L.F. $ 1.43 S.F. $ 3.56 S.F. $621,647.10 90,547.27 $531,099.83 Gerald Smith, P.E. City Engineer $19.50 L.F. $ 1.00 S.F. $ 3.56 S.F. c C c c L SEPTEMBER 23, 1986 - DE]LR1!'I1UN NTEM,• -;- :;$'y}•= OWNER AND ..'/"!. QUANTITY ;. ' • OF -.'" , NO. PROPERTY DESCRIPTION - 'ASSESSED ' ASSESSMENT "' ' .. TD AL vi'. '. "7• AMOUNTt• RATE . .-AMOUNT -'P ASSESSED ,. ASSE» MENT ROLL CLUSING HEARING ',.',151` TIGER LANE 1'. " - ,: S`�r' -• WEBER ROAD 70 FLYNN PARKWAY " ' .••s` 4 .,, BEGIN NGRTH SIDE , ;f 1 -f. WEBER ROAD CHURCH '-. - P_ * ' 292.00 L.F.C.G.E PVMT. —0— —0:,"art • _ _. ' —:— L.F.C.0 0 P'9MT. —0— uF CHRIST 5233 WEBER RD 78411 —0— S.F. S/W —0— —p— BLK A —0— S.F. S/W —0— —p— ,LAWROLL Hb1GHTS R -1B, CHURCH i 268.45 S.F. D/W —0—_ S.F.SD/H'�. —0— 0 —0— — •a;,,.. :( ONO ASSESSMENT - — 0 ,+. r+°`;'':, Si. ACTGNMENT'ONCY .00 W6BcR RUAD INTEfFSECTS .e y -.tt,r TFIAST- ECUITTES—CU.a . ' V_ •: - st^;'.,x: - ; 74.00 L.F.C.G:E—PV •' r,.; C/0 ALLEN BROCK —C— L.F.C.G.E PVMT. —0— —0— 6201 POWERS PERRY RD 470.00 S.F. S/8 1.43 672.10 ' . LANTA GA. 30339 :: p3• X � S.F. S/W —0— , S.F. D/8 '�" •e �; --.0— "' S.F. D/W '1"'d —0— ; , _0_ - —0— - ,. —0— •,Y 1: F•ii'lx": , _' _ r. `.5� _p_ t. : p ''."•=a>:'F:'ti: BUTTON—PURI AB, COMM. 5,890.64 „ 3 CLOWER MANAGEMENT CO. 173.91 L.F.C.G.E rP VMT.'` 55.41 c'e ^-r 9s636'.35.- {' C/O, PROPERTY TAX SERVICE •s"''• - —0— .L.F.C.G.E PVMT. —0— i.„”'°''a —D—"-' �•"''";.; • e• ' 0 .VD /W 1.43 1,043.46 1 d LOT• 2D 8541105 PLACE —0— S.F. S/W —0— S.F. D/W —p_ —0— —0— j ,• A8, LUMM. BLDG. —0— S.F. D/W —0— —0— .,. '[ ,aa'' &:'..'- •' , '' -- 10,879.81. I 4 FOUR WINDS ASSOCIATES * 983.47 L.F.C.G.E PVMT. 19.50 197170.30 J C/0 EQUITY INVESTMENTS —0— L.F.C.G.E PVMT. —0— 507IRTARH6CCOW•4£431.08 S.F. 5/8 1.00 4,435.08 HOUSTON TX 77027 .. —0— S.F. 5/8 —0— , —0—`• LOT 4 BLK A - 175.82 S.F. D/W 1-26C , 3.56 625.92 KIBBY—TADUSTRLAL SU80 ilo.52--S:F7-07W 1-26C 3.,6 625.92 *EXISTING PVMT CREDIT 175.82 OTHER LF 1-26C 3.56 625.92 25,489.14 , l( L r---- ( ( SEPTEMBER 23, 1986 ( ,ITEMOWNER AND'. }PROPERTY DESCRIPTION PAGE 2 QUANTITY . OF " ASSESSED' ASSESSMENT '" RATE ':AMOUNT AMOUNT ' ASSESSED ( i ( (� ( LOT 1 BLK 1 MALIBU HEIGHTS UNIT 1 1R-18, 1 RES UNIT ( QNO ASSESSMENT REAR NO D/W ACCESS -,c 2• O. - 5.t. 5/W ' -0- S.F. S/8 - 0- S.F. D/W - 0- S.F. D/W c -V- -0- -0- -0- -0- ( ( e e 4,248.03 -0- - 3,275.40 - `5' . '''+' B .55.56 L.F.C.G.E PVMT. 6.48 "'519 EVERHART 78411 '-"-0- L.F.C.G.E PVMT. _-0- TRACT 3 "' a ' • • - 3.275.40 S.F. S/W 1.00 75-ATCWUFISY PLAZA -5- S.F. 5/8 -O- A-2, COMM. -0- S.F. D/W -0- ORATE BY PLATTING CONTRACT -:- S.F. D/W -0- -0- -0- -0_ 7,523.43 36,311.28 -0- 4,462.97 9 6 C.C. REALTY MGT. CO. 035.32 L.F.C.G.E PVMT. 55.41 BOX 81281 78412 E -0- L.F.C.G.E PVMT. -0- FIRST BANK OF BOSTON 3.120.96 S.F. 5/8 1.43 .. " ... C/0 PROPEk1Y fa SEY.--- =0- . S.F. S/8 - P.O. BOX 8808 78412 -0- ',S.F. D/W :r -0- LOT 0 BLOCK 2-A ' - • ' - ' -0- ` S. F. D/W ` • -0- . ' -p- +': ^ +' _.+�.• i _p_ °-.'yetF: E,;',^,fir •�"_�- BRYON WILLIS SUED. I-2 COMM. BLDG. 40,774.25 '-, FLYNN PARKWAY ,u, *' END TIGER LANE • • "s';•' -• . r. END NCRTH SIDE - TIGER LANE. '.'•-, •,• h, .. - WEBER ROAD TO FLYNN PARKWAY - BEGIN -SOUTH SIDE_ "?•' •T-• - .. .. - 1iG..^. •y'y` ' 7 C.C. INDEPENDENT 0 292.00 L.F.C.G.E PVMT. -0- -0- SCMO L ) 5 C ...'i: -0-".F.C.G.E-PVMT. rO- " CARROLL PLACE SCNL,TR. _ -0- S.F.'S/W;n-,A`; . • R-18, CARROLL HIGH SCHOOL."' ',- : =0- • S.F. S/W.,,',.-0-"^t ,+•, ,,, _p_'i'• � ;;,.+. *NO ASSESSMENT 170.32 S.F. D/W 1-25 -0- ST. ALIGNMENT ONLY -0- S.F. D/W -0- -D- .00 WEBER ROAD INTERSECTS' 8 BEN 108008IA a 80.00 L.F.C.G.E PVMT. -0- -0- B 4002 MANHATTAN - . -0- L.F.C.G.E PVMT. . -0- s. -0- ( LOT 1 BLK 1 MALIBU HEIGHTS UNIT 1 1R-18, 1 RES UNIT ( QNO ASSESSMENT REAR NO D/W ACCESS -,c 2• O. - 5.t. 5/W ' -0- S.F. S/8 - 0- S.F. D/W - 0- S.F. D/W c -V- -0- -0- -0- -0- ( ( e e r B r-• SEPTEMBER 23, 1986 ITEM N0. OHNER-{ AND PROPERTY DESCRIPTION OESCRIPTIUN ''QUANTITY: '," - 'OF' ASSESSED !ASSESSMENT PAGE 3 RATE `'•- AMOUNT )t TOTAL J{ AMOUNT '•'' 1:1 (' ASSESSED !!] BHULE U. BRUHN, ET UK B 4006 MANHATTAN 78411 •a LOT 2 BLK 1- • - . -0-; S.F. S/W• �"-0- —F1ALI8U H81GHTS-UNIT 1 - - - - S.F. 0/3 -0- -C- S.F. D/W -0- O 75.00 L.f.L•G.E Pi/ME. .-0- -0-,' L.F.C.G•E PVMT. -0- 8-18, 1 RES UNIT ONO ASSESSMENT REAR 4`747---7Nd-D7W-ACCES5 -0- -0- 10 ELMER H. CASHION, JR. 8 4010 MANHATTAN 78411 LUr.3TEC'K-1` ' MALIBU HEIGHTS UNIT 1 R-18, 1 RES UNIT ONO -ASSESSMENT BBA•t .00 i • •� 75.10 L.F.C.G.E PVMT.. -0- -0- -0- - r- L.F.C.G•E PVMT.. NO D/W ACCESS -0- S.F. S/W .., - 0-- •5.F. D/W - 1- S.F. 0755 -0- ,11 - RUEBEN DAVILA 0 75.00 L.F.C.G.E PVMT. -0- 014 -M -A iA7TAN 7€411 -)- L.F.C.GE PVMT. -0- LOT 4 BLK 1 -0- S.F. S/W -0- MALIBU HEIGHTS UNIT 1 -0- S.F• 5/W -6- a „%sH-IB1 1 RES UNIT - -U-• S•F• - - - b' •`� *NO ASSESSMENT REAR -' . S.F. 0/3 0- �--'°• •"�` /H ACCESS • •00•+, . T 1G . LOUISE L. S10UT - _•.- .d 75.OD L•F•C.G.E PVNl. -y.,•� p --;f-0— '78411- 8 �- 4018 MANHATTAN 78411 -., ;i"r'-'f-. �i-0— L•F•C•G•E PVMT•.::,;--0—';'T'-;-' ' LOT 6, SLK 1 '1 '•i5 I ; -0- • • S.F. S/W !%.,, t -}•t `-0- ' v' -0- „—M3tTUIJ HHET57TS UNIT 1 -:- S.P. 3/55 -0- -0- 8-1B, 1 RES UNIT -0- S.F. 0/W 030 ASSESSMENT REAR -0- S.F. D/W -0- -0- tia u _ • .00, 13 JOE P. VILLARREAL 0 75.00 L.F.C•G.E PVMT. -0- -0- 4022 MANHATTAN 78411 -7- L.F.C.G.0 FVMT. -0- -p- T-6-81K 1 - ". -7- S.F. 5/55 -0- -0- ii MALIBU HEIGHTS UNIT 1 -0- S.F. 5/W -p - R -18, 1 RES UNIT - -0- 5.F. D/W -0-- -0- - : ONO—ASSESSMENT-R-EAR - •- B.F. D/W -0- -0- NO 0/W ACCESSIL .00I, ( L e r -- Q Q Q A 21 1 Q Q Q� C C SEPTEMBER 23, 1986 PAGE_ 4 , ITEM , NO. _ -" , -4''�OWNER AND ' .. T PROPERTY DESCRIPTION , DESLRIPTTLN TOTAL QUANTITY OF '.;_<'' • '' t;,. iAMOUNT ..1%;;: ' 'ASSESSED ' ASSESSMENT RATE • AMOUNT `. ' ASSESSED , • -• `} • :e - - - - -'- • • - '- n DRAINAGE DITCH ABUTS RCADWAY FROM LOT 6 -•�' TO FLYNN PARKWAY •� I� il 14 LOT 7 THRU 141 BLK 1 -^- L.F.C.G.0 PVMT. -0- -0- • AU-RSTGHTS UNIT 1 C • LOTS 1 THRU 20, BLK 16 •" CARROLL WOODS 4'•''' -• -0- L•F.C.G.6 PYMT. -0- S.F. S/N_ _ -0- S.F. S/W . ' —v— S.F. C/W -C- S.F. D/6 -0- . -0- - -0--•, ' z,- - 14, -0- " -0- --• <- -- -U- -0- -0- -0- .00 (. • A6UTS-IRtINAGE DITCH NO ASSESSMENTS •'(1 "C y , .. ... '. •. .- - FLYNN PARKWAY .. Jnr r ° - .,. q-- . ?X'. • _ND TIGER LANE END SCUTH SIDE I. �A; t;' ,;r,. '_ -END PROJECT - }}i..�"j' t • TOTAL ,•c ,; ! C . �"'K'''64 ASSESSMENTS yneo 3- .° 90.54747.. 27 1.. In W • j.c f': - 't t{ S3`i '.`.�•. Ia.,�j.+t�- .'g -' - -1.�-ti•f.. w:F ..t `:� _ « t•fia •+ .lS: -'A' r -. - "✓��1• �J.a•H `. t•tT{�u2• pp .. 11. vt �"r -;1° _ ,_a'to 'e?'-•�1-6. .10 . -s c e 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 nine and twenty-four one -hundreds percent (9.24%) 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: August 12, 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 07P.088.01 acceptance thereof by the City, and the balance to be 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: August 12, 1986, and shall provide in effect that if default 07P.088.01 shall be made in the payment thereof, the same may be enforced, at the option of the City, or their successors and assigns, by the sale of the property therein described in the manner provided for the collection of ad valorem taxes as above recited, or by suit in any court having jurisdiction. That said certificates shall further recite in effect that all the proceedings with reference to making said improvements have been regularly had in compliance with the law and Charter in force in said City and the proceedings 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. 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 07P.088.01 public street improvements, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure this the 23rd day .of September, 1986. ATTEST: City Secretary MAYO THE CITY r. CORPUS CHRISTI, TEXAS APPROVED:] G%h DAY OF SEPTEMBER, 1986 City AttorTney 07P.088.01 Corpus Christi, Texas 23,4 day of, TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas , 198(' 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, MAYOR 99.045.01 Council Members THE CI ' OF CORPUS CHRISTI, TEXAS The above ordinance was passedbythe following vote: Luther Jones Dr. Jack Best / David Berlanga, Sr. / p Leo Guerrero / Joe McComb / Frank Mendez /. Bill Pruet 1 .1 , Mary Pat Slavik / // Linda Strong 19446 1