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Home My WebLink About020284 ORD - 04/26/1988AN ORDINANCE CLOSING THE HEARING ON STREET IMPROVEMENTS ON THE FOLLOWING STREETS: I.H. 37 South Frontage Road I.H. 37 South Frontage Road from Rehfield Road to 850 feet west of the Missouri Pacific Railroad tracks; 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 16th day of February, 1988, determined the necessity for, and ordered the improvement of the following streets: I.H. 37 South Frontage Road I.H. 37 South Frontage Road from Rehfield Road to 850 feet west of the Missouri Pacific Railroad tracks; in the manner and according to the plans and specifications heretofore approved and adopted by the City Council by ordinance dated February 16, 1988, 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 February 16, 1988, 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 February 16, 1988, did order and set a hearing to be held during a meeting of the City Council on March 22, 1988, in the Council Chambers, City Hall, 1201 Leopard Street, 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 20284 MICROFILMED 206RPO36.ord 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 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 Caller -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 during a meeting of the City Council on March 22, 1988, in the Council Chambers, City Hall, 1201 Leopard Street, 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: 206RP036.ord 2 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. 206RP036.ord 3 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: 206RP036.ord 4 Final Assessment Roll I.H. 37 South Frontage Road From Rehfield Road To 850 Feet West Of Missouri Pacific Railroad Tracks This project shall include improvements to the south frontage road of I.H. 37 within the described limits. The frontage road will be 52 feet in width measured from back of the curbs with a standard 6 inch curb and gutter section on both sides of the roadway. The frontage road will be constructed by excavation to a depth that will permit the laying of an 8 inch stabilized subgrade, an 18 inch flexible lime sta- bilized base, 6.5 inches Type "B" asphalt base and 1.5 inches of Type "D" asphaltic pavement. There will be a 5 foot wide reinforced concrete sidewalk tied to the curb on the south side of the roadway and 6 inch thick reinforced concrete driveways will be constructed as shown on the plans. This project is being constructed jointly by the City and the State Highway Department and is an assessment project. Based on the low bid prices submitted by Heldenfels Brothers, Inc. and the City's current assessment policy, owners of abutting property are assessed at the following rates. Item Bid Price Assessment Plus Engineering Cost Rate 6" Curb & Gutter $4.86 L.F. $4.86 L.F. Sidewalk $1.44 S.F. $1.00 S.F. Driveways $2.76 S.F. $2.76 S.F. Total Bid Price State & Federal Portion City Escrow Funds Previous I.H. 37 Assessment Final Assessment -- $27,307,312.96 27,047,511.18 308,132.00 89,569.45 $ 32,716.48 VSM/al Victor S. Medina, P.E. Director of Engineering Services i t t l C 1 t L L 1 • APRIL 19, 19813 PAGE 1 DESCRIPTION TOTAL ' ' ITEM OWNER AND QUANTITY OF AMOUNT , ' NO. PROPERTY DESCRIPTION ASSESSED ASSESSMENT RATE AMOUNT ASSESSED ' e ' ASSESSMENT ROLL CLOSING HEARING ' ' I.H. 37, SOUTH FRONTAGE ROAD ,o IMPROVEMENTS ,_ to 131 REHFIELt7 IOAD TO 853 FT WEST OF M P RAILROAD TRACKS " BEGIY REHFIELD ROAD SOJTH SIDE ONLY ;, If " 08 ROBERT D DICKSON JR 0 200.00 L.F.C.G.0 PVMT. —0— —0— ;, NN TONCY -O- L.F.C.G.0 PVM -0- -0- ' 4702 RIVERVIEW TR 78410 -0- S.F. S/W -0- -0- 29 ' LOT 1 ELK 12 -0- S.F. S/W -0- -0- ;0 FALLINS RIVERSIDE SUB) -0- S.F. D/W -0- -0- a= ,. B-4 : -0- S.F. D/W -0- -0- - 1U =•f *NO IMPROVEMENTS », .00b6 =e ,e . OC E.N. FULGHUM JR. c 255.00 L.F.C.G.0 PVMT. -0- -0- .0 BOX 6308 78411 -0- L.F.C.G.E PVMT. -0- -0- 2.4 AC OF TR 12 -0- S.F. S/W -0- -0- „ EAU -INS RIVERSIDE SUED -0- Sof S/W -O- -0— il B-4 -0- S.F. D/W -0- -0- L. M =N0 IMPROVEMENTS -0- S.F. D/W -0- -0- H, =a .00.• 00 I+LEfEEL FULGHUM * 20040_L.f.C.G•._PVMT. -Q- -0- 1. BOX 6308 78411 -0- L.F.C.G.E PVMT. -0- .LOT 19 ELK 1 -0- S.F. S/W -0- -0- ;; 1.� G. FARAIS GRANT -0- S.F. S/W -0- -0- ,. i.'' 8-4 -0- S.F. D/W -0- -0- " *NO IMPROVEMENTS -0- S.F. D/W -0- -0- ; .00.0 On ROBERT K. CLAWSON ¢ (3.00 L.F.C.G.E. PVMT. -0- 2701 S.P.i.0. 78415 -0- L.F.C.G.E, PVMT. -0- 70'X254' OF TR 23 G. FARAIS GRANT 8-4 *NO IMPROVEMENTS -0- S.F. S/W -0- - 0- S.F. S/W _ -0- -0- S.F. D/W -0- - 0- S.F. D/W -0- -3- -0- - 0- - 0- -0- - 0- C E C i 1 C C C C 1 C c c 1 C 1 t C 71, APRIL 19, 1988 PAGE 2 DESCRIPTION TOTAL ' ITEM OWNER AND QUANTITY OF AMOUNT 2 NO. PROPERTY DESCRIPTION ASSESSED ASSESSMENT RATE AMOUNT ASSESSED 1'1 1-- 1'1 1 ROBERT K. CLAWSON 27.00 L.F.C.G.E PVMT. 4.86 131.22 . 1.1 C/O BARBARA LENE CLAWSON -0- L.F.C.G.E PVMT. -0- -o- „ 2/D1 S.P.I..0.. 78415 135.00 S.F, S/W _1.00 135.00 . 70' X 260' OF TR. 23 ' -0- S.F. S/W -0- --0- 12 14 Gs FARAIS GRANT -0- S.F. D/W -0- 6-4 -0- S.F. D/W -0- , '-r 266.22" ta. 1m 2 ANDREW C. CLARK 239.55 L.F.C.G.05: PVMT. 4.86 1,164.21 5; 22 4220 RAVINE 78410 -0- L•F•C•G•E PVMT. -0- -0- 4.512AC 123 55: OUT OF LOT 16 1,197.75 S.F. S/W 1.00 1,197.75 5.1 TRACT 23 -0- S.F. S/W -0- -0- 26 ."1 G. FARAIS GRANT -0- S.F. D/W -0- 25 6-4 -.50- S.F. D/W -0- -0- 2,361.96" 3 .22 15i RAVINE DRIVE - 32 14 2A JAMES C. BRYANT 9.30 L.F.C.G.E PVMT. -0- -o- 4321 RAVINE 78410 -0- L.F.C.G.& PVMT. -0- 15.51 LOT 23, BLK 1 -0- S.F. S/W -0- . FARAIS GRAND SUBD. -0- S.F. S/W -0- 1 6-4 -0- S.F. D/W : *DOES NOT ABUT -0- S.F. um . 1,- 3 SAWYER GEORGE 213.09 L.F.C.G.E PVMT. 4.86 1,035.62 LEASING COMPANY -0- L.F.C.G.E PVMT. -0- 12497 LEOPARD 78410 * 875.45 S.F. S/W 1.00 875.45 LOT lAt BLK 1 -0- S.F. S/W -0- 1" , .FARAIS GRANT SURD. -0- S.F. D/W -0- -0- t 6-4 -0- S.F. D/W 56 27 ,- 175.09 L.F. S/W . 1,911.07:: MAGEE LN. INTERSECTS . 4 HENRY M. HANSCHECK, ET AL 12501 LEOPARD 78410 LOT 41 6LK 2 1 FARAIS GRANT SUBD. 8-4 II • 267.42 PVMT. -0- L.F.C.G.E PVMT. -0- 1,302.10 S.F. S/W -0- S.F. S/W -0- 400.24 S.F. D/W 1-15C 323.74 S.F. D/W 1-12C 4.86 1.00 2•76 2.76 1,396.86 -0- 1,302.10 -0- 1,104.63 893.52 4p697.14 1 C z 1 7 , APRIL 19,_1988 PAGE 3 8 DESCRIPTION TOTAL ' ITEM OWNER AND QUANTITY OF AMOUNT 3 I'. NO. PROPERTY DESCRIPTION ASSESSED ASSESSMENT RATE AMOUNT ASSESSED : s 5 ALICE LEA MAGEE BAXTER 162.40 L.F.c.G.E. PVMT. 2.43 394.63 io .,. S 4320 LOMA ALTA 78410 * 130.00 L.F.C.G.E. PVMT. 4.86 631.80 It F -5A 1.08 AC OF TR. 22 812.00 S.F. S/W .50 406.00 11 G. FARIAS GRANT ** '325.00 S.F. S/W 1.00 325.00 T4 R -1B, 1 RES. UNIT 119.70 S.F. D/W 1-10 2.76 330.37 *FRONT ON LOMA ALTA -0- S.F. D/W -0-lb **65 L.F. S/W ON FRONT IB 29087.80,, v 1: LOMA ALTA INTERSECTS 13 24 119, 6 JOE L. STEVENS 201.10 L.F.C.G.1; PVMT. 2.43 488.67 26 S 4315L0MA ALTA 78410 * 130.00 L.F.C.G.F.. PVMT. 4.86 631.80 1. Hi F -6A .767AC OF TR. 22 955.50 S.F. S/W .50 477.75 19 30 :13I G. FARAIS GRANT * 650.00 S.F. S/W 1.00 650.00 , R-189 1 RES. UNIT 279.00 S.F. D/W 2.76 770.04 2 *FRONT ON LOMA ALTA -0- S.F. D/W -0- -0-- - 39018.261 !,. 7 RAY DAULT 115.92 L.F.C.G.E PVMT. 4.86 563.37 s BOX 18201 73418 -0- L.F.C.G.E. PVMT. -0•• -o- 41 2.745 AC OF TR. 22 519.60 S.F. S/W - 1.00 519..60 142 ABSTRACT 592 -0- S.F. S/W -0- ., Go FARAIS GRANT 153.00 S.F. D/W 1-12C 2.76 422.28 .A F(.113 -0- S.F. D/W -0-11505.25L7 8 M.R. BYERLEY9 ET UX 115.19 L.F.C.G.S PVMT. 4.86 559.82 12629 LEOPARD 18410 -0- L.F.C.G.E. PVMT. ....0 - LOT 119 BLK 3 575.95 S.F. S/W 1.00 575.95 -FARAIS GRANT SUM:). -0- S.F. S/W -0-ss ft..1139 1 RES. UNIT -0- S.F. D/W , -.-0- S.F. D/W -o- " 19135.77:: so 9 M.R. BYERLY, ET UX 203.36 L.F.C.G.F. PVMT. 4.86 988.33 , 12629 LEOPARD 78410 -0- L.F.C.G.E. PVMT. -0-t!, 4.17 AC OUT OF TR. 22 966.80 S.F. S/W 1.00 466.80 Go FARAIS GRANT -0- S.F. S/W -0- „,, AUCTDArT C.0, on -nn -7.-;:- niu /-ln R-18 -0- S.F. 0/W -0- APRIL 19, 19d8 PAG 4 , DESCRIPTION TOTAL 2 ITEM OWNER AND QUANTITY OF AMOUNT 3 NO. PROPERTY DESCRIPTION ASSESSED ASSESSMENT RATE AMOUNT_ ASSESSED 4 4' 5 H 9A CITY OF CORPUS 30.00 L.F.C.Gat; PVMT. -0- , WATER LINE EASEMENT -0- L.F.C.G.E. PVMT. -0- POR. TR. 22 -0- S.F. S/W Gs FARAIS GRANT ' -0- S.F. S/W -0- -0- :3 -0- S.F. D/W -0- , -0- Sof. D/W -0- -0- 50 10 C.P. LIGHT CO. 221.18 L.F.C.G.a PVMT. 4.36 1,074093 P.O. BOX 2121 78403 -0- LeFeC.Goe. PVMT. -0- -0- 73 LUT 2t BLK 4 1,055.90 S.F. S/W 1.00 14055.90 " FARAIS GRANT SUBD. -0- S.F. S/W RS 16 a -la 117.00 S.F. D/W 1-10 2.76 322.92 II -0- S.E. o/w -0- 7. 2,453.75:: 3, 32 10A PATRICK 0. HILLEN 25.00 L.F.C.G.E PVMT. 4.86 121.50 33 . .,o 12701 LEOPARD 78410 -0- L.F.C.G.C. PVMT. -0--0- LOT 7, BLK 4 75.00 SF. siw 1.00 75.0o ,----r.: FARAIS GRANT SUBD. -0- S.F. S/W-0- R-18, 1 RES. UNIT03 177.00 S.F. D/W 1-10 2.76 488.52 04 *25' D/W EASEMENT -0- S.F. D/W -0- .0 6850021' - 44 H 11 ROBERT B. KLEPPER 296088 LeFoCoGoE PVMT. 4.86 1,442.84 .5 ,,. 12705 LEOPARD 78410 -0- L.F.C.G.F. PVMT. -0- -0- 47 LOT 3, BLK 4 1,434.40 S.F. S/W 1.00 1,434.40 .5 FARAIS GRANT SUBD. & -0- S.F. S/W .102AC OF TR. 22 117.00 S.F. D/W 1-10 2.76 322.92 G. FARAIS GRANT -0- S.F. D/W -0- _ R-18, 1 RES. UNIT r 12 CHARLES E. WALTON, JR. 12471 LEOPARD 78410 54; LOT 6A, BLK 4 - FARAIS GRANT SUBD. 5 _ W-18, VACANT 100.00 L.F.C.G. PVMT. 4.86 - 0- L.F.C.Goi: PVMT. -0- 500.00 S.F. S/W 1.00 -0- S.F. S/W - 0- S.F. D/W - 0- S.F. D/W -0- 485.00 -0- 500.00 ( ( ( ( ( ( ( ( c APRIL 19, 1988 PAGE 5 DESCRIPTION ' ITEM OWNER AND QUANTITY OF NO. PROPERTY DESCRIPTION ASSESSED ASSESSMENT RATE AMOUNT TOTAL AMOUNT ASSESSED 13 CHARLES E. WALTON, JR. 12471 LEOPARD 78410 LOT 5ALBLK 4 FARAIS GRANT SUBD. R -3B, 1 RES. UNIT 100.00 L.F.C.G.S PVMT. 4.86 • 486.00 -0- L.F•C.G. PVMT. -0- -0- 440.00 S.F. S/W 1.00 440.00 144.00 - o- S.F. S/W -0- S.F. D/W 1-12 2.16 S.F. DJ'd -0- 14 ARTURO ALVARADO 12745 LEOPARD 78410 LOT 4t BLK 4 FARAIS GRANT SUDD. R -1B. 1 RES. UNIT -0- 397.44 - 0- 120.35 L.F.C.G.& PVMT. 4.36 - 0- L.F.C.G.E PVMT. -0- 546.75 S.F. S/W 1.00 - 0- S.F. S/W -0- 126.00 S.F. D/W 1-11 2.76 - 0- S.F. D/W -0— 19323.4 584.90 - 0- 546.75 - 0- 347.76 - 0- t c 19479.41' C 311 15 ROBERT S. BROWNING 2626 S.P.I.D. 78415 5.247 AC OUT OF TR 22 G• FARAIS GRANT ABSTRACT 592 R-18 345.00 L.F.C.G.E PVMT. 4.86 - 0- L.F.C.G. PVMT. -0- 1.725.00 S.F. S/W 1.00 -0- S.F. S/? -0- -0- S.F. D/W -0- -0- S.F. D/W -0- 1, 676.-70 -0- 1,725.00 -o- aa! 15A MISSOURI PACIFIC TRACKS 6 10W - 0- L.F.C.G.& PVMT. -0- - 0- L.F.C.G. PVMT., -0- -0- S.F. S/W -0- -0- S.F. S/W -0- -0- S.F. D/W -0- -0- S.F. D/W -0- 16 CITY OF CORPUS CHRISTI FILTRATION PLANT 500.00 L.F.C.G.E PVMT. -0- L.F•C.G.E. PVMT. 29500.00 S.F. S/W__ -0- S.F. S/W - 0- S.F. D/W -0- S.F. 0/W -o- -3- 3,401.70' �C r° c APRIL 19, 1988 PAGE DESCRIPTION ',ITEM OWNER AND QUANTITY OF =ii NO. PROPERTY DESCRIPTION ASSESSED ASSESSMENT RATE AMOUNT TOTAL AMOUNT ASSESSED END SOUTH SIDE END I.H. 37 PROJECT 1R 37-1 (97 )014 , END PROJECT 23 TOTAL ASSESSMENTS «m* 32,716.48'2e 28 10 31 34 p: 41 40 I.' Ma C C t t E c E f t 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: February 16, 1988, 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 206RP036.ord 5 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 eight percent (8%) 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 ware ordered by said City Council, to -wit: February 16, 1988, and shall provide in effect that if default 206RP036.ord 6 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 206RP036.ord 7 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 at three regular meetings so that this ordinance is passe and shall t1 e ef,ect upon first reading as an emergency measure this the day of ,19.g ATTEST: ity Secretary APPROVED: /?'DAY OF A;ord HAL GEORGE, CITY ATTORNEY By 19 8, Assis ant City Attorney AYOR THE CITY OF CORPUS CHRISTI, TEXAS 206RP036.ord 8 Corpus Christi, Texas j6) day of PO. , 198g 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 The above ordinance Betty N. Turner David Berlanga, Sr. Leo Guerrero Clif Moss Bill Pruet Mary Rhodes Frank Schwing, Jr. Mary Pat Slavik Linda Strong 99.045.01 MAY R THE CITY IF CORPUS CHRISTI, TEXAS was passed by the following vote: 20284