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Home My WebLink About14164 ORD - 02/08/1978jkh:2 -8 -78; 1st AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENTS OF THE FOLLOWING AREAS, BY THE CONSTRUC- TION OF A WATER MAIN AS FOLLOWS: 1. Flour Bluff Drive, a 12 -inch diameter line from the existing water main near Ramfield Road south- westward 1,920 feet on the west side to the inter- section with Yorktown Boulevard; 2. Yorktown Boulevard, an 8 -inch diameter line from the Flour Bluff Drive intersection westward 1,280 feet on the north side of Yorktown Boulevard, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; REQUIRING THE DIRECTOR OF ENGINEERING AND PHYSICAL DEVELOPMENT TO PREPARE AND FILE PLANS AND SPECIFICA- TIONS; REQUIRING THE CITY SECRETARY TO FILE A NOTICE IN THE OFFICE OF THE COUNTY CLERK OF NUECES COUNTY, TEXAS, AS TO THE ACTION HEREIN; PROVIDING HOW SUCH IMPROVEMENT SHALL BE PAID; AND DECLARING AN EMERGENCY. WHEREAS, the City of Corpus Christi deems it necessary to permanently improve the hereinafter named streets within the City of Corpus Christi, within the limits set forth: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the following streets shall be improved by the installation of water main as follows: 1. Flour Bluff Drive, a 12 -inch diameter line from the existing water main near Ramfield Road south- westward 1,920 feet on the west side to the inter- section with Yorktown Boulevard; 2. Yorktown Boulevard, an 8 -inch diameter line from the Flour Bluff Drive intersection westward 1,280 feet on the north side of Yorktown Boulevard. and by the construction of all other incidentals and appurtenances, all as deemed adequate by the Director of Engineering and Physical Development and as provided for in the plans and specifications for such improvements to be prepared by the said Director of Engineering and Physical Development. SECTION 2. That the cost of said improvements shall be assessed against adjoining property and paid for as follows, to -wit: MICROFILMED ` � 141GS U10 7 1880 (A) The City will install, or cause to be installed, the appro- priate size of water main within the City water system. to include necessary valves, tees, crosses, taps, manholes, thrust blocking, other appurtenant fittings, to include fire protection facilities, and to assess such install- ation against the abutting property owners, providing that such assessment does not exceed ninety per cent (90 %) of the estimated or actual cost of such installation, and further provided that no water main extension per this ordinance will be made to serve property, nor will any water main assessments be fixed against property which has not been platted or sub- divided for a period of at least ten (10) years prior to the date of the assessment. Other necessary project costs, occasioned by the installation, such as pavement replacement, sidewalk and /or curb and gutter replacement, grading, etc., may be included in said assessment. "(g) The assessment rate will be computed on a linear foot basis and the assessment roll, along with the necessary plans and specifications for such installation, will be prepared by the Director of Engineering and Physical Development. Such rate shall include six and one -half percent (6 -1/2 %) of estimated or actual costs for engineering. Unless otherwise provided, the assessment rate will be computed by dividing the total project cost by the lineal footage of property to be assessed. The total project cost for assessment purposes is defined as that cost based on a maximum pipe size of eight inch (8 ") diameter (with necessary appurtenances, fittings, etc.) provided the property to be served is platted for one or two family residential use or so used at the time of assessment or platted without improvements but committed in writing to one or two family residential use or in use for school or church purposes. For property uses other than the above, the City shall have the right to assess for the size of water main installed and /or appropriate to serve abutting property use, including necessary fire protection facilities. C. The assessment rate may be computed on estimated cost for water line extension work, with such estimated costs being based on the actual -2- costs of installing the same or similar type water main and /or fittings pre- vailing in the area; or the assessment rate may be based on actual competi- tively bid prices for the installation in accordance with City bidding pro- cedures. Corner lots shall be assessed only for the shorter side of same abutting upon a public street. The. cost assessed against said owners and their property, shall be payable in monthly installments not to exceed one hundred twenty (120) in number, the first of which shall be payable within thirty (30) days from the date of completion of said improvements and their acceptance by the City of Corpus Christi, and one installment each month thereafter until paid, together with interest thereon at the rate of five and one - quarter percent (5- 1/4 %), with the provision that any of said installments may be paid at any time before maturity by the payment of the principal and accrued interest thereon. Any property owner against whose property an assessment has been levied may pay the whole assessment chargeable to him without interest within thirty (30) days after the acceptance and completion of said improvements. That no such assessment shall be made against any owner of abutting property, or of a street railway or steam railway, if any, until after the notice and hearing provided by law, and no assessment shall be made against an owner of abutting property in excess of the benefits to such property in enhanced value thereof by means of such improvements. For that part of the cost of the improvements that shall be determined to be levied against the owners of abutting property and their property shall be levied by assessment as herein provided, and said improvements may further be secured by Mechanic's Liens to be executed in favor of the City of Corpus Christi, provided by law in accordance with the terms and provisions of this ordinance. Certificates evidencing the assessment shall be issued in favor of the City of Corpus Christi for the amount of the assessment, whether the property owner executed Mechanic's Liens to secure the payment or not, and shall be payable for the purpose of financing improvements to the water system. That the Director of Engineering and Physical Development is hereby directed to prepare at once specifications and file the same -3- with the City Council for the hereinabove described improvements. SECTION 3. The City Council, in initiating this proceeding, is acting under the terms and provisions of Article 1110c, Vernon's Texas Civil Statutes, which provides for improvements to water and sewer systems by cities, towns and villages, all as more fully described and set forth in said Article 1110c, as amended. SECTION 4. That it is further provided as is stipulated by the provisions of the Charter of the City of Corpus Christi and the laws above identified, that said improvements may be omitted in front of any property exempt from the lien of special assessment without invalidating or affecting the assessments against the other properties. Further, the City Secretary of the City of Corpus Christi is hereby authorized and directed to prepare a notice in the name of said City of action taken herein and to have same filed by the County Clerk of Nueces County, Texas, among the Mortgage Records of said County. SECTION 5. The necessity for preparation of plans and proceeding with improvements as herein provided as promptly as possible creates a public emergency and an imperative public necessity requiring the suspension of the Charter rule that no ordinance or resolution shall be passed finally on the date of its introduction but that such ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor having declared such emergency and necessity to exist, and having requested the suspension of said Charter rule and that this ordinance be passed finally on the date of its introduction and take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the 9 day of February, 1978. ATTEST: i o Ci Secretary MAYOR' ITHE OF CORPUS CHRISTI, TEXAS APPROVED: 8th DAY OF FEBRUARY, 1978: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant Ci y torney Corpus Christi, Texas � _day of +•F.G 19 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, a public emergency and imperative necessity exist for the suspension of the Charter rule or requirement that no ordinance or resolution shall be passed finally on the date it is introduced, and that such ordinance or resolution shall be read at three meetings of the City Council; I, therefore, request that you suspend said Charter rule or requirement and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully MAYOR TH CITY 0 RPUS CHRISTI, TEXAS The Charter Rule was suspended by the following vote: Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt Edward L. Sample The above ordinance was passed by the following vote: Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt Edward L. 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