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HomeMy WebLinkAbout021405 ORD - 06/02/1992AN ORDINANCE CLOSING THE HEARING ON STREET IMPROVEMENTS ON THE FOLLOWING STREETS: WYNN SEALE SCHOOL AREA, PHASE I FIXING A LIEN AND CHARGE AND ADOPTING AN ASSESSMENT ROLL; AND DECLARING AN EMERGENCY. WHEREAS, the City Council of Corpus Christi, Texas, by duly enacted ordinance passed and approved on the 28th day of April, 1992, determined the necessity for, and ordered the improvement of the following streets: Wynn Seale School Area, Phase I hereinafter collectively referred to as "Streets." in the manner and according to the plans and specifications heretofore approved and adopted by the City Council by ordinance dated April 28, 1992, 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 Streets 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 28, 1992, did determine the necessity of levying an assessment for that portion of the cost of constructing said improvements on the above named Streets, to be paid by the abutting property and the real and true owners thereof, and by ordinance dated April 28, 1992, did order and set a hearing to be held during a meeting of the City Council of the City of Corpus Christi on May 26, 1992, in the 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, and for all others owning or claiming any interest in, or otherwise interested in said property, or any of said matters as to the assessments and amounts to be assessed against each parcel of abutting property and the real and true owner or owners thereof, and as to the special benefits to accrue to said abutting property by virtue of said improvements, if any, or concerning any error, invalidity, irregularity or deficiency in any proceedings, or contract, to appear and be heard in person or by counsel and offer evidence in reference to said matters; and the City Council did by said ordinance order and direct the City to give notice of said hearing to the owners abutting upon said Streets as shown by the current ad 026.kp (Closing hearing) 1 021405 MICROFILMED 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 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 of the City of Corpus Christi on May 26, 1992, in the Council Chambers, City Hall, 1201 Leopard Street, 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: 026.kp (Closing hearing) 2 GEORGE N. PARASKEVAS REALTORS EVERH ART PA T10 R AZA 5430 EVERHART CORPUS CHRISTI. TEXAS 7E1411 May 19, 1992 Mr. Mark Simon City of Corpus Christi Paving -Property Manager Post Office Box 9277 Corpus Christi, Texas 78459 "ear Mr. Simon: As per your request for examination and appraisal, please make reference to your preliminary assessment roll, entitled "Wynn Seal School Area, Phase 1, 15th Street from Ayers to South Staples". This roll consists of twenty (20) items and was checked in a physical survey in which I examined this property involved. It is my professional opinion that the properties being assessed r_ this street improvement should be enhanced to at least the amount of the improvement. Yours truly, George N. Paraskevas, CRB, CREA, SCRREA : psp OFFICE (5121 992.2541 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, 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 will be enhanced in value and specially benefitted by the construction of said improvements upon the said Streets upon which said improvements are 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, 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, 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. 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, that the special benefits in the enhanced value to accrue to said property and the real and true owner 026.kp (Closing hearing) 3 or owners thereof, by virtue of 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 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: 026.1p (Closing hearing) 4 ' * MARCH 13, 1992 (CALAG45M)05-18-92 /y *ITEM * NO. PAGE 1 DESCRIPTION TOTAL OWNER AND QUANTITY OF AMOUNT PROPERTY DESCRIPTION ASSESSED .ASS_ESSMENT RATE AMOUNT ASSESS£) 0 0 0 0 51 e. 1 WYNN_SEAL_E SCHOCL C.C. INDEPENDENT 801 LEOPARD C.C. TA.75401 *SIDE PROPERTY e d'a sena 0 0 o 0 e 0 PUBLIC HEARING ASSESSMENT WYNN SEALE SCHOOL AREA, PHASE I 15TH STREEI FR•._ACen Ta S• STAPLES, NORTH SIDE 1:180.64 L.F•C.60& PVMT. 4.88 5,761.52 - 0- L.F.C.G.E PVMT. -0- 7,100.82 S.F. S/W 6• H4.00 S•E. SLW 4• -0- • 2 PAUL SHAMOUN • 338 SUNSET APT. 2 • C.C- 11 7_87P4 O MERCHANTS ADDN. #5 • LOTS 29, 30, 31 E 32 + COMM. B-4 + BLOCK 1304 • LESS WEST 5• OF LOT 32 0- . 3 0 e 0 0 0 LOUIS LERMA 1709 15TH ST.. _.. C.C. TX 78408 1 FD -F, A-1 E 8-4 MERCHANTS __ADDN. _-$5. LOTS 27 E 28, BLOCK •50 3,550.41 -0- 975.04 S.F. 0/W 3-20 505.03 S.F. D/W 2-15 209.01 OTHER 1F 112 140.00 OTHER LF RETWAL 3.35 3.35 3.35 8.10 3,266.38 1,691.85 700.18 1,134.00 16,104.341- x' S• STAPLES INTERSECTION END 15TH ST, NORTH SIDE 15TH. ESO. STAPLES INTERSECTION STARL.SOUTH _SIDE 3111 15TH ST. E AYERS INTERSECTION 93.00 L.F.C.G.E PVMT. 19.50 -0- L.F.C.G.E PVMT. -0- 372.025•F0 S/W 1.00 1,813.50 -0- 372.00 - 0- S.F. S/W -0- - 0- S.F. D/W -0- - 0- S.F. D/W -0- -0- -0- - 0- 2,185.50 50.00 L.F.C.G.L PVMT. 9.75 - 0- L•F•C.6•E PYMT, -0- 487.50 -0- 159.70 S.F. S/W 1.00 -0- S.F. S/W -0- 154.23 S.F. D/W 1072 3.35 1304 -0- S.F. D/W -0- 159.70 - 0- .516_. h7 -0- 1,163.87- i 0 MARCH 13. 1992 (CALAG45M)05-18-92 • DESCRIPTION *ITEM OWNER AND QUANTITY Of * NO. PROPERTY DESCRIPTION ASSESSED A$SESSMEMT RATE • * 4 J7c ARISPE * 1713 15TH ST. • C.C. TX 78404 • 1 FD -F, A-1 * MERCHANTS ADDN. *5 * LOTS 25 E 26, BLOCK 1304 • 0 • 5 KAREN BALCOM * 721 CORONET LANE * SAN ANTONIO. TX 782.32 • 2 FD -F, A-1 * MERCHANTS ADDN. *5 • LOTS 23 & 24, BLK 1304 0 • * 6 a 0 • • 0 * O 7 0 0 s 0 M • 0 * 8 • a • • 0 • 51 PAGE 2 TOTAL AMOUNT AMOUNT ASSESSED EARL PETERS 5314 WENTWORTH C.C. TX 78411 1FD-F, A-1 MERCHANTS ADDN. *5 LOTS 21 C 22, BLOCK 1304 ANCHOR PROPERTIES 8079 LEOPARD C.C. TX 78410__ 2FD-F, A-1 MERCHANTS ADDN. *5 LOTS 19 E 20, BLK 1304 DEBORAH ECKHARDT 546 PARADE, 78 C.C. TX 78412 MULTI FD -F, A-1 MERCHANTS ADDN. LOTS 17 & 18, BLK 1304 50.00 L.F.C.G.E PVMT. 9.75 - 0- L.F.C.G.E PVMT. -0- 159.70 S.F. S/ 1.00 -0- S.F. S/W -0- 154.23 S.F. D/W 10-20 3.35 -0- S.F. 0/1 -0- 487.50 159.29 -0- 516.67 1,163.87- 50.00 L.F.C.G.E PVMT. 9.75 487.50 - 0- L.F.C.G.0 PVMT. -0- -0- 204.61 S.F. S/W 1.00 204.61 - 0- S.F. S/W -0- -0- 163.45 S.F. D/W 1-10 3.35 547.56 -0- S.F. D/W -O- -0- 1,239.67-. 50.00 L.F.C.G.t PVMT. 9.75 487.50 - 0- L.F.C.G.L PVMT. -0- -0- 204.61 S.F. S/W -1.00 204.61 - 0- S.F. S/1 -0- -0- 163.45 S.F. D/W 1-10 3.35 547.56 - 0- S.F. D/W -0- -0- 50.00 L.F.C.G.6 PVMT. 9.75 487.50 - 0- L.F.C.G.& PVMT. -0- -0- 204.61 S.F. S/W 1.00 204.61 -0- S.F. S/W -0- -0- 163.45 S.F. 0/1 1-10 3.35 547.56 - 0- S.F. D/W -----. - -0- -0- 50.00 L.F.C.G.G PVMT. 19.50 - 0- L.F.C.G.G PVMT. -0- 160.00 S.F. S/W 1..00 -0- S.F. S/W -0- 163.45 S.F. D/W 1-10 3.35 - 0-__. S.F. D/W -0- 975.00 -0- 160•00 -0- 547.56 1,239.67 1,239.67 1,652.56 MARCH 131 1992 (CALAG45M)05-18-92 PAGE 3 0 *ITEM 8 NO. 0 0 o 9 0 0 a a 0 0 0 • 10 0 0 0 • O 0 0 o 11 0 0 0 0 o 0 0 0 o 12 • 0 • 0 • 0 0 • 13 *_ O 0 0 • 0 0 OWNER AND QUANTITY PROPERTY DESCRIPTION ASSESSED DESCRIPTION OF ASSESSMENT RATE AMOUNT TOTAL AMOUNT ASSESS€0 FL1GIO ESCOBAR 2813 LAWNVIEW C.C. TX_ 18404 1FD-F1 A-1 MERCHANTS ADDN. #5 LOTS _15_C 161 BLK 130.4.. PAULA MARTINEZ 1725 DALY C.C. TX 78412 2 FD -F, A-1 MERCHANTS ADDN. #5 LOTS 13 E 14, BLK 1304 BRYAN COYNE 4151 SOUTHWEST FREEWAY HOUSTON1_ TX_ MERCHANTS ADDN. #5 LOTS 11 E 121 BLK 1304 *S/W EXT. MULTI -FD -F, A-1 ESQUIVEL MUNGIA P.O. BOX 5066x 78465 LOTS 8,9,10, BLX 1304 MERCHANTS ADDN. 415 MULTI FD -F, A-1 *S/W EXT. LUCINDA COTHREN 1749 15TH ST. 78404 LOTS 6 E 71 BLK 1304 MERCHANTS ADDN. #5 MULTI_. FD-F1A-1... 50.00 L.F.C.G.E PYMT. 9.75 - 0- L.F.C.6.E PYMT. -0- 140.00 S.F. SIM 1.00 -0- S.F. S/W -0- 163.45 S.F. D/W 1-10 3.35 _-0- S.F.__. D/W -0- 487.50 -0- 100.00 -0- 547.56 1,195.06- 50.00 L.F.C.G.E PVMT. 9.75 PVMT. -0- 143.40 S.F. S/W 1.00 - 0- S.F. S/W -0- 163045 S.F. D/W 1-10 3.35 - 0- S.F. D/W -0- -0- 487.50 -0- 143.40 547.56 11178.46.- 50.00 L.F.C.G.E PYMT. 19.50 975.30 - 0- L.F.C.G.E PVMT. -0- -0- • 204.00 S.F. S/W 1.00 _204.00 -0- S.F. S/W -0- -0- 163.45 S.F. D/W 1-10 3.35 547.56 -0- S.F. D/W -0- -0- 50.00 L.F.C.G.E PVMT. 19.50 975.33 -0- L.F.C.G.E PYMT.-"�- -0- 160.00 S.F. S/W 1.00 160.30 -0- S.F. S/W -0- -0- • 207.15 S.F. D/W 1-10 3.35 693.95 -0- S.F. D/W -0- 50.00 -0- 160.00 -0- 163.45 11726.56 1,823.95 L.F.C.G.E PVMT. 19.50 L.F.C.G.E PVMT. -0- S.F. S/W 1.00 S.F. S/W -0- S.F. D/W 1-10 S.F. D/W _3.35 975.30 -0- 160.30 -0- 547.56 -0- -0- 1,682.56 • MARCH 13, 1992 (CALAG45M)05-18-92 a DESCRIPTION *ITEM OWNER AND QUANTITY OF o NO. PROPERTY_DESCRIPTION __.ASSESSED. ASSESSMENT 0- 0 O 14 METHODIST CHURCH •F EL SUEN PASTOR •S-�4 552 CHEYENNE* 78 O LOTS 1 THRU 5 L LOT 64 • BLOCK 1304 • MERCHANTS ADDN. Y5 • A-2, CHURCH o •COLE ST. • * 15 LEONA ESTES 0F-15 6049 ALAMEDA 78412 05-30 LOTS 29 THRU 32, 8LK • MERCHANTS ADDN. V6 • R-21VACANT ____ o *COLE ST. 0 O • 16 • 0 • • t • TROY STALLINGS 1911 15TH ST. 78406 LOTS 27, 28, BLK 1305 MERCHANTS ADDN. R-2, 1 -FAM,_. *S/W EXT. PAGE 4 TOTAL AMOUNT RATE AMOUNT ASSESSED '4 6.00 L.F.C.G.L PVMT. 4.88 29.28 125.00 L.F.C.G.L PVMT. 4.88 610.00 420.00 S.F. SIN - .50 210.00 24.00 S.F. S/W .50 12.00 325.00 S.F. D/W 1-20C 3.35 1,388.75 - 0- S.F. D/W. 70- -0- COLE ST. INTERSECTION 100.00 L.F.C.G.L PVMT. • 6.00 L.F.C.G.L PVMT. 1305 333.00 S.F. S/W • 24.00 S.F. S/W 1.63.45 S.F. D/W 1-10 - 0- S.f. D/W • • 17 MRS. ROBERT GALVAN • __ 506 MONETT.78412 • LOTS 25 L 26, BLK 1305 • MERCHANTS ADDN. •_ _ R-2, MULTI -FAM, A-1 0 • a 0 • • a 0 0 0 a ld JEANETTE CISNEROS 151__SABINE_78463 LOTS 24, 23, BLK 1305 MERCHANTS ADDN. R-2,_MULTI FAM, A-1 •S/W EXT. 1,950.03E 19.50 4.88 1,950.00 29.28 8 1.00 .50 _ 5 333.30 12.00 5 47__56 S 2,871.84.•, 50.00 L.F.C.G.L PVMT. -0- L.F.C.G.L PVMT. O 204.00 S.F. S/W - 0- S.F. S/W S.F. D/W 1-10 -0- S.F. D/M 163.45 9.75 487.50 1.00 204.00 -0- -0- 3.35 547.56 -0- -0- 1,239.36-_ 50.00 L.F.C.G.L PVMT. 19.50 975.30 - 0- L.F.C.G.L PVMT. -0- -0- 160.00 S.F. S/W 1.00 160.00 - 0- S.F. S/W -0- 154.23 S.F. D/W 100E20 .h35_ _516_067 -0- S.F. D/W -0- -O- 50.00 L.F.C.G.L PVMT. - 0- L.F.C.G.L PVMT. 160.00 S.F. S/W • 44.00 S.F. S/W 154.23 S.F. 0/W 10-20. -0- S.F. D/M 19.50 975.30 1.00 160.00 1.00 44.00 3.35__ 516.6L -0- 1,651.67 1,695.67 * MARCH 13, 1992 (CALAG45M)05-18-92 PAGE 5 * DESCRIPTION *ITEM OWNER AND QUANTITY OF * NO. PROPERTY DESCRIPTION ASSESSED ASSESSMENT RATE AMOUNT. 0 * 19 F'ANK FUENTES 50.00 * 1921 15TH ST. 78406 -0- * LOTS 21 E 22t_BLK 1105 128.00 * MERCHANTS ADDN. -0- * R-2, MULTI -FAM, A-1 279.45 * -0- * JAMES D. PREIS 100.00 5805 AYERS 78405 L_OTS_17 THRU_ 20t BLK 1305 MERCHANTS ADDN. R-2, MULTI -FAM. TOTAL AMOUNT ASSESSED L.F.C.6.E L.F.C.G.E S.F. SA S.F. SA S.F. DA 1-18 5.f. DLII PVMT. 19.50 PVMT. -0- 1.00_ -0- 3.35 -o- 975.30 -0- 178_00 936.16 2,039.16 L.F.C.G.E PVMT. 19.50 1,950.00 - 0- L.F.C.G.E PVMT. -0- 352.00 S.F. 0-352.00_S.F. SA 1.00 152.00 - 0- S.F. S/11 -0- -0- 192.45 S.F. DA 1-12 3.35 644.71 _..__.. _ -0-. S.F. D/W _.. -0- -0- 2, 946.71`- S. STAPLES ST. INTERSECTION END 15TH ST. SOUTH SIDE END 15TH ST. END_. PROJECT TOTAL ASSESSMENTS *** 48,024.88' 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 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. SECTION 5. That the several sums mentioned above in Section 3 hereof assessed against said parcels of property abutting on the aforesaid Streets, 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, together with all costs and expenses of collection including reasonable attorney's fees, 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: , and a personal liability and charge against the real and true owner or owners be named or correctly named herein, and that said lien shall be and constitute the first and prior enforceable claim against the property assessed and shall be a first and paramount lien superior to all other liens, claims or title, except for lawful ad valorem taxes; and that the same so assessed shall be paid and become payable in one of the following methods at the option of the property owner: 1. All in cash within 30 days after completion or acceptance by City; or 2. Payments to be made in maximum of 120 equal installments, the first of which shall be paid within 30 days after the completion of said improvement, and the acceptance thereof by the City, and the balance to be 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. 026.kp (Closing hearing) 5 SECTION 6. 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 and such mistake, or error, invalidity or irregularity in such assessment 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 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 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 7. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need for immediate action necessary for efficient administration of City affairs by the closing of such hearing on public street improvements, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances at three regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure this the 2- day of MAYOR APPROVED:Xi DAY OF ` % k,_ , 195) JAMES R. BRAY JR., CITY ATTORNEY Assistant City • ttorney 026.kp (Closing hearing) 6 THE CITY OF CORPUS CHRISTI pus Christi, Texas 2- day of 94fte , 19 Q2_ TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at three regular meetings; I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, MAYOR THE CITY OF CORPUS CHRISTI Council Members The above ordinance Mary Rhodes Cezar Galindo Leo Guerrero Betty Jean Longoria Edward A. Martin Joe McComb Dr. David McNichols Clif Moss Mary Pat Slavik 045 was passed by the following vote: l l.X� plc /11 f',Mlk (ibp 021401