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Home My WebLink About020683 ORD - 05/30/1989AN ORDINANCE CLOSING THE HEARING ON STREET IMPROVEMENTS ON THE FOLLOWING STREETS: South Staples Street South Staples Street, from Saratoga Boulevard to Oso Creek; FIRING 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 istssea dna approved on the 4th day of April, 1989, determined the fcr, and ordered the improvement of the following streets: South Staples Street South Staples Street, from Saratoga Boulevard to Oso Creek; in the manner and according to the plans and specifications heretofore approved and adopted by the City Council by ordinance dated April 4, 1989, 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 prcperty abuttinn 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 April 4, 1989, 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 pais, ty the abutting property and the real and true owners thereof, and by ordinance dated April 4, 1989, did order and set a hearing to be held during a meeting of the City Council on May 2, 1989, in the City Council Chambers, City Hall, 1201 Leopard, Street, 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 a-ncur,ts to be assessed against each parcel of abutting property and the real arc true- owner or cwners hereof, 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 208JB100.ord 1 MICROFILMED 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 nctice to such owners and publishing said notice et 1cst 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 Chr=sti Caller -Times, the first of which publication was at least twenty-one (21) days prior to the date of saic tear,rg; f,r.th 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 May 2, 1989, in the Council Chambers, City Hall, 1201 Leopard, in the City of Corpus Christi, Texas, in accordance with said ordinance and notice, at which r.ir. ars opportunity was given to all said aboverrentionea persons, firms, crat.loe:: .iu est&tes, 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: 2080B100.ord 2 Minutes Regular Council Meeting May 2, 1989 Page 12 27. FIRST READING AMENDING THE CITY CODE, CHAPTER 53, TRAFFIC, SECTION 53-254, SCHEDULE V, INCREASE OF STATE SPEED LIMIT IN CERTAIN ZONES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance passed on first reading by the following vote: Turner, Moss, Berlanga, Guerrero, Hunt, Martin, McComb, Rhodes and Schwing voting, "Aye." * * * * * * * * * * * * * Mayor Turner announced the assessment hearing for the South Staples Street Improvement project indicating assessments of $62,967.16 on 40 items. City Secretary Chapa informed the Council that Council Member Martin had filed an affidavit on conflict of interest regarding this matter and will abstain from discussion on this item. City Attorney George stated that this hearing is required by Article 1105-B of VACS which specifies that the City must prove the property involved will be enhanced at least in the amounts of the assessments. He called as his first witness, Mr. Carl Crull. Through questioning of Mr. Crull, Mr. George determined that he is the Director of Engineering Services for the City of Corpus Christi; he has been employed by the City for nine years; he is a registered professional engineer in the state of Texas; he has a degree in Civil Engineering; and he is familiar with the project. Mr. Crull testified that the project will include improvements to South Staples Street from Saratoga Boulevard to Oso Creek. He stated that the project is being constructed jointly by the City and the State Department of Highways and Public Transportation and the City is assessing a portion of the cost of the sidewalk and driveway construction. He stated that low bid for the project was submitted by Bay, Inc.; the total bid price is $3,297,938.43; and the preliminary assessments are $62,967.16. Mr. George called as his next witness Mr. George Paraskevas to provide his expert testimony on the assessment roll. Mr. George questioned Mr. Paraskevas and ascertained that he is a real estate broker; he has a broker and real estate license; he appraises both commercial and residential property; he is familiar with the project; he has examined each parcel; he has examined the assessment roll and is familiar with the amounts. _nutes Regular Council Meeting May 2, 1989 Page 13 Mr. Para- .kevas stated that, in his opinion, all of the property will be enhanced at least in the amount of the assessments. No one from the audience spoke in opposition. A motion was made by Council Member Berlanga to close the public hearing; seconded by Mayor Pro Tem Moss and passed unanimously; Schwing absent at the time the vote was taken; Martin abstaining. * * * * * * * * * * * * * Mayor Turner opened the public hearing on the following zoning case: 29. Application No. 389-5, Mr. and Mrs. Frank Castaneda: For a change of zoning from "AB" Professional Office District with a "SP" Special Permit to "B-1" Neighborhood Business District on Lot 17-A, Block 34, Windsor Park No. 4, located on the northeast corner of McArdle and Everhart Roads. Mayor Turner indicated that denial of the application, and in for a 9,000 square foot pawn shop to 2,500 square feet and ingress plan submitted. the Planning Commission and Staff recommend lieu thereof, grant a revised special permit with 18 parking spaces, limiting retail space to Everhart Road, in accordance with the site Mayor Turner inquired if the special permit was acceptable to the applicant, and he responded in the affirmative. There was no opposition from the audience. A motion was made by Council Member Berlanga to close the public hearing; seconded by Council Member Rhodes and passed unanimously; Schwing absent at the time the vote was taken. City Secretary Chapa polled the Council for their votes and the following Ordinance was passed: ORDINANCE NO. 20667 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF MR. AND MRS. FRANK CASTANEDA BY GRANTING A REVISED SPECIAL COUNCIL PERMIT FOR A 9,000 SQUARE FOOT PAWN SHOP WITH RETAIL SPACE LIMITED TO 2,500 SQUARE FEET, WITH 18 PARKING SPACES AND LIMITING INGRESS AND EGRESS TO EVERHART ROAD, ON LOT 17-A, BLOCK 34, WINDSOR PARK UNIT 4; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing Ordinance passed by the following vote: Turner, Moss, Berlanga, Guerrero, Hunt, Martin, McComb and Rhodes; Schwing absent at the time the vote was taken. * * * * * * * * * * * * * 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 tc be imprcvud; 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 improvemerts, and has given a full arc izir IHd ring to dr' 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 + 's ;.er_h:beluw assessed against each and every said parcel of Wtclic:, 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 irnprovements, and in all respects to be valid and regular; and said City Council did further find upon _dic eviuence that the assessments hereinbelow made and the charges hereby _' ag,.1i_1 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 :h:;ul'+ be ovcr�uled and denied except the corrections and changes as appear on ih- ;riai 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 cverrriieJ' ,cul (;crier. 208, E:CL.cr.:. 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 tc be, and as herein assessed against said abutting property and the real and true ow.ier r,.=r,,_, _ ' ilius 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 prerequisiteE to the fixing of the assessment liens against said abutting properties, as hereiiao_,vc oescribe::i the perscral 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 eirtue of the powers vested in saic Cit, with res eco_ said street improvements by the laws of the State of Texas and the Charter or 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 hereinhelcr, 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: 208JB100.ord 4 Enb Tote,: «: Phe: Esebnb ?Or . DTI the lbw S:12S3TielIC pod »awes «n «»: ac «G««» Z L t t t L 1. -ay :o. L.''NE2 AND PRCPTLTY FESCRIPT?CN .UANTTTY ASSESS_D r:=SC I: Tr?N ASSFSS,CCNT PAGO AMOUNT TOTAL AMOUNT A.SSESSFD C7RPUS CHRISTI LANE v_NTLR7 PO PCx C7014C 70427 L"T 4 >` C 7 -LC_U6 L.LU,F .: =. CCINAI ..a<N i GAPpcy -U0 IMPPCVPmRNTS ACT LAMPS. CCL STRELT R.S% <-Foe ILT:_,. ScAT5-P AP1«oIC4 ILC . _ C.PPLPATE f1JNTE CLLV`^ CT',Y,CA 0C2:: LOT 1 'Ll. _h.:;S LR 113.‘P: ,.=.1 A SSCSS;IENT 4CLt. CL; -!SIPS'; HPARIN, aCUT4 ST;PL-S STR,_T SAHATS;A OLVC. 77, CS.'. CESEK CUR_ ,. ',UTT._ -. cTAIL HtGHNAY LTPT. SID 7_7.46 S/N S/w ..R. /w :F: DAPR.wAY Pv1T. :25.'_ 1.r.C.s.G Newt. -C- L.F.C.5.L . S/6 S.-. S/'e S.:. C/N _.r. !/d F `14. .T. 'Sr P2_•50 i OG ( .00 i ,AT -'r 17 r% PAGE Y IT: R1 !. c . 26NEF ARE Pd7P=PTY [75CETPTI7N :UaN'rI`Y 3=SCRIPTT7'N FF A SSE SSYSN7 TOTAL A'MCU NT >ATU AMOUNT ASSESSED PEGPL=S h'RITAGF F.: DAM SAVINGS . NJ LOAN __.;t AC -UT TT L.L7S - T" '.LK 7 Hi "FJ.. _F L_TC .ILK hr M7U7 fLUF& E NCINIL F,KM L + CSrr Ti. `iS. JC L.r.C.G.r_ c•V r.AT. L.r.C.G.. "Mf. 2,040.00 ( ( ( 21040.00 ( . 1,1775 7.7T" " ( P::.]PLnS H.RITAG' FRE:FAL PVP. T.( SAVING; ANJ LCAT: ASSCC. - - PVrIT. -0 0- i'7 1E1 _i.- 70 '_r 1. .. ir?GG._G 72.1-.7 AC CUT 71R _ _ rL2;UR RLUFH= & FNCINAL -G- -P- i =ARM G cA"U=N TRS. • 4r VACA'j 1,L C.76 ( o '1RST NATIONAL ;ANY CE C C 1.Y.53 7q41. i 1C -it :Lr. I STDNY°.RJCF 3U7C. ( -4r VACANT LET 4. AP T-33 APCLL: 7°41; ( :R LCT 3Lt. I_UUP IiLUrF r ''l"CI1:4L .,� .. .•Ani. -r! •--. -4r .XL 0a L.1-.C.G.L PdAr. `/W — S.7. S/W U/W L. E/W rV1-T. 1.600.00 —0- -0— .fl; i)__0_ 1,600.60 ( ( 1 I ( 0 s 'AY _'-', 1419 f-fr :wnc4 CNC .UANTITV • p"]1;) I L:SC 3TPTl:N -.o SC1S_0 '4 GF ANCUNT 1171 -AL 1YIFUNT ASSESSTD JJnN TUC<rr. 2-'25 Ar'^LLC 7041: •_r7. L'_ :4, _-L• l"UJ ',Luf, NC15 -L Ii '.�V J'S. CL . UCK IN.r19 • _r -„TY L/1jT TLENEm 3t25 PCLLC 7E41f ▪ LL LOTS ,,UCt (NGr4N EST. t ,ArKT S ,CTC Dr- 5 P▪ :: ;Ex 97'4 75412 L -T :'1C11_24 5 9L.lt)R . LUrr r. : c[NAL . ft _ ti -N f'..J'S i. -4p VACANT ATEnLc • Cx -7' 7541,2 L:T 1 HLK n4;ckS `U-D(V1St:). 6-4, C.'N"1. ACC,. HUNT 'NT FE 271ST SLUT} _ P,f;f A,L • la al M f_ ;A -i.' - •• 1, VACANT L?T CL . - S.C. Sr., 1,:0.'1; _.-. r/w 1_..._C L.F. 1/w .-..:r • L. .c..... L• •.. .c ,V T. _,_ :/w 1 -5- 2.r. [/w 5/n 5/4 .00 ( ( ( ( ( 2.4FJ.7N 1,21:._. ',5/;.97 ( 5.70 240.0^ ( ( ( ( Y .or LT'n w`4 AC :.c 1pr1`N FTiyY :.5.. SS-iO A:Ct;.S0211T PAG? TITAL A>IOUNT ( AMCUNT ASSESSED ._ .o -..I L ., ' LLCUE 0LUE c :LCiIAL rAE'4 SArLRN T,S. ....L, ^c THY t 57 S. STAPLES 7:41 AL 7LJT r L -T :.. t. 11 . L SUc. SLIJr L ' C1LL tAkM LAr.2rN T: S. CCL, N^.T i'.r7.CNrL 1.4 0ARYL ,. ARCN C/0 JACK TUCKER ,11 h -LE= 7e41'. LIT Z+. 3L1( 12: 0ECSSSATR SLUE. __1,r 0ACLING --. =5/w TN ?-J41 . +U/nS PL -T R-5TNICT -71? CL7T..KLFC LSAT '. iLN 12 CICSS,AT- 1UWL. e-1R.aC410 : . oS/'w h4 ::.r,/,s '-L:.1 ._. :4C L..IAS E 'ICTTL:TF.A CC. r: :.C% ,,..c L17 :Jr Lr. L_ . G -13. !C;11' k -S. 'S/w TN , -1T ^:1/N ?t 1T _ = TCT'[. 111 sC?T A. (-UTl1G'=) r- ,L3o ,.r. _,/. _0— _/w ( ( ( ( .lc ( ( ( ( .00 ( .00 C t C t L ( ( 11 .r., -.. PAGE.. r: rfl IP 71 CWC. NC P77, TY CdTPTT.:N X fY 7AT7 A.yrONT /—J ( T^,TAL a,1CL'NT ( ASSESSED ( rT TrY,AY ( TT'.Anr.0 7-a.L '.LK 121 .__ ./W - .SS a•.T: SIlc i.. _r._ -. S/'n , 3ACtIG k S. ,.. C/°A tS/A 21 rrCNT -,n/,E FLAT ..). 'CT='1 CANDELA?:: TPEVINC.- /OF: CCITCNA5C5 ii417 - - Lr.C. ,... OWI,. .T •2, CSSCAT_ 2UP,r. -.- . S/. r., ,;SC, I:ir n<S. S/4 IM -=CrvT :.F. L/W _0_ O -D/1.5 PLAT P=ST°ICT:' ( .C7 ( ( ( 2: J. ..SFN 27u: CPC7CuATC 70413 LrT 40, '.tK CROSSGATF SUrC. '- Lr C,Ai_ '--D/.7, PLAT QtST-virT-. _:.T 1, : i r C:'IS S.:AT.T -r -13, rtill'C 3/-0 ( r c t ( IT: NLP .7.0 Ty L riC�IF T'l ,..- \33 SSH) ,.,_pccVPLT PAC': n TOTAL AMOUNT 'A75 AMOUNT ASSESSFD 3 :/ 2 2r l-1 5 ) C. rLCL';r '.UYr L _ACiNdL �g4iq N T_ ( . 7 7 r ) ... .—.. v\120. 1 LLT ICL «7T' S AILL: 21ii _.,_. L:T ', L - ,(PP I S, PAAT Cr LCT 6, =f rLQU7 GLUFF & 2M1CINAL L Hi N Tom;. -v, vAC..P1 LC' °.PUi i'NiU- r7 FTA 22'.1 7_42. L2T ., 'L1 L'.TS 1 a _, r(LL 2 5.c• STA r. (S/((l ., ,. }.P• L'/. I c2A"AT-'%a ,ACV L'VA"L' .,.L .. STAPL15 (, c4%. r'.,. _.:J 2.:3 _rr— -n- ',122.1a 1,27.77 ,223._ 747.3 .?7 ( ( ( 7,F69.07 ( ( ( 7,047.53 f ,np ( L,Nr4 Ards RE .. _. 0.P` -'TY L_2Ct1PTICN >>-SS-O S.,`o.,._ri- 7174L 4MCUNT ASSF SS=0 —r NINES C'.: -SI:+ .1SSTC. ._-. V4Li.:,C,K!LLC 7 414 ST[ _ ..TSMC. YALE -N-: IL22. i'..» Li 1r ?L;( "'S tIN',5 C*7SSINC KNIT 1 - Nd' > CL'.;S_SING t C::U''iT?Y CLU6r INC. r'"` ..CR X- -1A: R4_7 7.-: ii_ST 17 a _- SFC 1i -_,,CA ;I UT [ ,ACINAL ▪ ... h' .. iGAFL.--N T'S. ▪ -Lir v4CNT L: 'LS .-__T'. L_.n.. PT E^_% T7 -1:r, .-42' F"T- LC' 17r 5-C FLGLR BLUFF E .I;.CINA1 .. u= )Nrr AL PEY ].11 T r5r C � ...L r_ R. L J i :- C , .3.u.. _... -/,. CT; A35•C0 1 7 7r76.0 : 435.7e 7r7 -54.•0G r°53.'5 ( ( ( ( ( ( ( ( C f L l .7„.'_R TY LESC'-IP 1CN , NTT1-7y Tl'AL AMFIUNT <AT7 AMCUNT ASSESSED j_N::C;-FY 4ALL3C': E nALLAC° �2,.rs7 _nLjTTI, fa 7 47E LC. _ f."C. "L^_UR PLuir FACM E 1-4r CCL aux akArTc"a CC '_ PTP Y 4LCT It Sr(. 'SLjFF E .:A+G=if 10$. -T LENLD. -CL _/ MAkK f.,ATTI,CI ISG rmCX t:7_77 7C4U i'Dr C' LTT 3_ ii.0 11 f,LU-r t •.IL :.'-L . A. u it Tn..• TiT=:CT ..'1r 1 ":r r. .. 'L1U-, -,LV-F _ d l(AL• ;A15.)= -P. *-S• •C. F'Fr.r r. -.F. "/'+ —0- 17'. r0_ 1". J ( ( ( ( ( ( •to ( ( ( ( e Ary" P? `7:=TY LCC°.TPTT IN :UArvrT ('( AS 7,17, P A . N0U!1T .^TAL AMOUNT ( .: SS:SSTD _) "1tiK 4PATTL.' �X 0_77 041_ .�_ 3 p -r LC' 2: SLC 1:. T 701. TNPY C 1: r AP'1.Ltli F L FNCTNAt _ 6A'U:5 "r [ TNE.3, ':CL :LLTM an ,C1 3. ti tAPLES, Nr. _: t _ 1 tC _ .. : 1:1r_f• /.J ( FL:UP P.1_11.; G 1 L:2 AL S.�=. .`/w .A..N e :aH„-N S. -� F ( NOT 7C`.ED, 'YL .00 r, r. ( ( ( ( .JUul IF i -:'611A "543 ":HA V.A+, wC"2 )AN A'!T7:11C TX 7_2 AC OF L"T 17 LJT C 11 r L211R ..LU _A CLI 7. �ry1�T LC^.,U, •7' C TY ,.[L =K 7.AST7M, ,AC 0H L'T :7 L ?Jr L"'T c• 11 -CUR dIU-r -F-OJ L 1,171 . s3 r C ( ( 10 Y • .-=TV C'SC.+!' r':h rOTAL AMTONT •'ATO AMRUNT ASSESSED -JPIL1L3 C. hELJE , J'• .LA'^C, -.r 7151', -..,--TE-L- L CINAL r a�A-7:1N T+7. ..Tr :1)7 7X e::7 Si;cpc, TA 7C: AC EF LET 17 ✓rk• L:T ,=C• 11 LCU% ';LU-ILAL "-:T LENsE) "A.,,AU>- •CCUF:-R kT= 1 :i[X 149k 7'.1 4.162 AC CF LOTS 13 " L4.0- c/N 04 364.00 :TCTIEN 11 LCUk "LUEF k H JC!FAL - -0- U'r r Y .l. r• 1,19,4.70 ET /1'EJ CC. , . 7:V:7/11•0 ST :. -. 44,11 L-7 ..o T- L, ,L C C :I.AL r"t' . A LSA , `]LLj- 'nA LL:C: _144 1. ,-..RLL; 7)41r • 1/.. .N .T 1" 5... r/ .. La • -'- 747.-)1 7,,. 1 ( ( ( ( ( -554.0^ ,1D7.53 ( C .. CANE p:N:; ,NANTI'Y Pt':Pr-1Y ,.9_CF7F' -4 �... D e 'A3` 11 AMOUNT TOTAL AMOUNT ( ASSESSED C.M. P.A1L:P:�' ]C1_ S. .,L�aL. 7 4 _RT1CN LIT :E1 F. C. _. r',W • . .---1. P-4 F70. L211C 11 ,UILS ;LL r { :11;:L 4UA CITY Cr 4n1xc r _CJI 7F LIT C. 11 Y:nN G-..'r_N L:'T STATICN _r- • .� 3/N •/a /b 1•1. • C/': 71.^•1.:7 74'•01 ?4-7•/,3 3r '07.', 1 1 _ 74'.,, - - L• -.2.1 PV -J. o/4 ..... u.11. LVL T ;IP= ( ( ( ",C3i.38 ( ( 4/71;4.71 ( ( ( ..3 ( ( 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 Lssessnrrr:: he-ein 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 describes, within the limits defined, shall pay for said inprctrcn:_ Lnder LIi ' C;f HOT 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 thereef shall be issued in accordance with, and shi.L E.N ecrce the acts H Hostage of said property and the actual cost of said irrprovements, the amount named in said certificate in no case to exceed the amount herein assessea 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 rnentioned above in Section 3 hereof assessed against said parcels ct prcpert:; Lbuttinn 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 dale said improvements were ordered by said City Council, to -wit: April 4, 1989, and a person.: Hcbility 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 instalments, the first of which shall be paid within 30 dies tumpkYcn of said improvement, and the 208JB100.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 suns 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 ormer's request, the total monthly payments will not exceed ten ($10.06) per month. pr:J, Rcc'., however, cr ik crcer 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, assiyr.aH 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 cwncr er cr,rers 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 cr 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 iniprovements were crdered by said Cite; Council, to -wit: April 4, 1989, and shall provide in effect that if default 2083B100.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 Cuo-_c, ,n icrce 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 he required in any court. That said certificates shall further provide in effect that the City of Corpus Christi, Texas, shall exercise ai of Y.F. lawful p:VrVS, 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 cf the property described, or attempted to be described, notwithstanding such owner or owners may riot be raved or correctly names, and any irregularity in the name of the property owner, or tli: any prcperty 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 Sala atsessmirf, :;i r' n rc vise 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 provision c: s.id rh,- +..GU O1 the Pots 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 208JBJuC.ord 7 public street improvements, such finding v L. ._iergeuc,; i5 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 passed and shall take effect upon first reading as an emergency measure this the .--1.)0 day of , 19,5'(. ATTEST: 'L Cfty Secretary MAYOR APPROVED: 11 DAY OF HAL GEORGE, CITY ATTORNEY By ynt As tt ant City Atey "7 19 $q 208JB100.ord 8 THE CITY OF CORPUS CHRISTI, TEXAS Corpus Christi, Texas day of v:�, , 1981 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, 99.045.01 Council Members e>(X( MAYOR THE CITY OF CORPUS CHRISTI, TEXAS The above ordinance ;as passed by the following vote: Betty N. Turner / David Berlanga, Sr. Leo Guerrero, E . Tom Hunt { ( Edward A. Martin f�� I Joe McComb Clif Moss Mary Rhodes ?� Frank Schwing, Jr. j;