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Home My WebLink About05292 ORD - 03/04/1959VOL 723 PAGE573J N 0 T I C E VOL 1842 PAGE29l THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES That the City of Corpus Christi, Texas, acting by and through its duly elected and constituted City Council, has by Ordinance determined the necessity for and ordered the improve- ment of the hereinafter defined portions of indicated streets within the City of Corpus Christi, Texas, by construction thereon of concrete curbs and gutters, sidewalks and driveway, and other incidentals all as provided for in the plans and specifications for said improvements, prepared by the City Engineer and approved and adopted by said City Council, said streets and the portions thereof to be improved, beings described as follows, to wit: Agnes and Laredo Streets from the west prop- erty line of Staples Street to the east property line of Port Avenue. Sixteenth Street from the south right -of -way line of redo Street to the north right -of -way line of Agnes Street. Twenty -First Street from the south right -of -way line of redo Street to the north right -of -way line of Agnes Street. Alameda Street from the south right -of -way line of Laredo Street to the north right -of -way line of Agnes Street. ' That a portion of the costs of said improvements will be paid by the City of Corpus Christi, Texas, and a portion,of the costs specially assessed against properties abutting upon said streets within the limits above defined, such assessments to be secured by first and prior special assessment liens against said properties, and -a personal liability and charge against the respective real and true owners of said properties. IN TESTIMONY WHEREOF, The City of Corpus Christi, Texas, has caused this Notice to be executed by its Mayor, thereunto duly authorized and its coporate seal to be hereunto affixed 12 rte r THE STATE OF TEXAS l COUNTY OF NUECES. J 1, Mrs. Henry E. Gouger, clerk of the County Court in and for said County, do hereby certify that the foregoing instrument _- ----- ----- ------ - ---------- - -- - -- _. -- -- -- - - day -- ------ -------- -- ------- -- -- ------------ 19 _T7, with its certificate of Dated this.----- -- - -_-. -6- _ ___ of -- --- -- ------- authentication, was filed for record in my office the day of--....- /?�- "`- ----- ---- --- --- 19 , at o'clock t9 M., and duly recorded the JoZ ;--day Of--....- .. e �. 6- _w ---------- 19.25!7 at o'clock M., in -_ --- -- - ----- --_--------- - --------- ---- ------- -- --- Record of said County, in Vol.... APY 2-,.,, on Pages.--..332- 39-8--------------------- - - - - -- ------------------------------ ---------- -- Witness my hand and seal of the County Court of said County at office in Corpus Christi, Texas, the day and year last above written. Mrs. Henry E. Gouger, County Clerk, Nueces County. ------------------- Deputy VOL 723 PAGE574 VOL 842 PAGE�C'� this e U day of March, 1959. . CITY OF CORPUS CHRISTI, TEXAS ayo r ATTEST: / ity cretary� THE STATE OF TEXAS U// COUNTY OF NUECES BEFORE ME, the undersigned authority, a Notary Public in and for said State and County, on this day personally appeared Farrell D. Smith, Mayor of the City of Corpus Christi, Texas, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of the City of Corpus Christi, Texas, a municipal corporation, and for the purposes and consideration therein expressed. r/ GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the to `� da.... A . D . , 1959 \. + 'J, ltADfL6N SCHREINER , TC � .}."abllC t/i •eO�ror Aaeo!a COmb.'i'�e• 6 ; •r Nota ;z�-Fublic Nueces County, Texas nm STATE OF TLXAS } I, MHS 11LNili t uOJGrk COUNTY OF NUECES } Clerk o: the County Court to and for said Coup , do hereby oortky that the foregoing instrument dated the � day of._,jh with the celffoaie of authentfartian Was filed for record In mr Office the-2—day of 'A" wt . 195.E at 8: a u oc1ock&_b1. and duly roscaled tt,. 4a-daY of _At n_r. .•r, 195/�at/� -'3 �,.� b---: •, n cord of void County, in Vol %2- 3 Witness my ha-d and soal d the County Court of erdd County at ottf s in apt} O NW4 Zwom 9� dq ®d year ket above vmttea. MRS. HENRY E. GOUGER COUNTY CLERK, NUECES COUNTY c P f 525209 Swk vt 4 ,j. Filed For Record t. At�La- Oldo& —� r�iA2 "s -159 CARS. HENRY E. GUUGER e County Caurt,^IY _ unty, TeXas� i Ft� CCp4°A D MRR -� ' S. HFhtst oic,��ks `C,(Vn],YCvk hl XAg , 1 IMS:Mw:3:4:59 AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE 1958 BY ADDING A SECTION TO ARTICLE IX OF CHAPTER 38 TO BE IDENTIFIED AS SECTION 38 -55A OF SAID CODE; ESTABLISHING A POLICY R FO FINANCING OF SEWER SERVICE EXTENSION INSTALLATIONS BY PROVIDING A METHOD OF PAYMENT OF THE COST OF INSTALLATIONS IN INSTALLMENTS; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT CORPUS CHRISTI CITY CODE 1958, BE, AND THE SAME IS HEREBY AMENDED BY THE ADDITION OF A NEW SECTION TO BE KNOWN AS SECTION 38 -55A WHICH SHALL READ AS FOLLOWS: SECTION 38 -55A. FINANCING OF INSTALLATIONS BY INSTALLMENT PAYMENTS. THERE IS HEREBY ESTABLISHED A POLICY OF INSTALLATION OF SEWER EXTENSIONS PERMITTING THE PAYMENT OF THE COST THEREOF IN INSTALL- MENTS PROVIDING THE PROCEDURE HEREIN SET FORTH IS FOLLOWED: (A) ANY OWNER OF A LOT IN A SUBDIVISION NOT SERVED AT THE TIME OF THE - APPLICATION BY CITY SEWER SERVICE MAY APPLY TO THE DIRECTOR OF PUBLIC UTILITIES OF THE CITY OF CORPUS CHRISTI FOR SEWER LATERAL EXTENSION TO BE CONSTRUCTED BY CITY FORCES. SUCH APPLICATION SHALL BE ON A FORM FURNISHED BY THE CITY AND SIGNED BY THE OWNER. (B) UPON THE PRESENTATION OF SUCH APPLICATION THE APPLICANT SHALL BE ADVISED BY THE CITY OF THE COST OF SUCH SEWER LATERAL INSTALLATION WHICH WILL BE DUE AND PAYABLE TO THE CITY, AND SUCH CHARGES SHALL INCLUDE THE FOLLOWING: (1) THE USUAL TAP FEE ACCORDING TO THE CITY TAP FEE SCHEDULE IN EXISTENCE AT THE TIME. (2) A CHARGE OF $2.00 PER FRONT FOOT OF THE LOT, PIECE, PARCEL OR TRACT OF LAND TO BE SERVED BY THE SEWER LATERAL' - EXTENSION, WITH SUCH ADJUSTMENT AS IS PERMITTED UNDER SECTION 38 -54 OF THIS CODE. (3) ALL PIPE AND OTHER PLUMBING AND INSTALLATION THEREOF WITHIN THE PROPERTY LINE TO BE FURNISHED BY THE OWNER. �z�z (4) IF APPLICATION IS MADE AND TAP FEE PAID PRIOR TO THE BACK FILL OF THE SEWER LATERAL EXTENSION INSTALLATION DITCH A DISCOUNT OF $10.00 ON THE TAP FEE WILL BE GRANTED. (C) THE OWNER WILL BE FURNISHED THE NECESSARY FORMS FOR THE EXECUTION INCLUDING A PROMISSORY NOTE AND A MECHANICS AND MATERIALMANS LIEN CONTRACT. A CASH PAYMENT SHALL BE MADE TO THE CITY AT THE TIME OF THE DELIVERY OF THE EXECUTED NOTE AND MECHANICS LIEN PAPERS OF AN AMOUNT AT LEAST EQUAL TO THE TAP FEE INVOLVED, AND THE NOTE SHALL BE FOR.THE BALANCE OF THE INSTALLATION CHARGES APPLICABLE TO THE PROPERTY TO BE SERVED PLUS A CARRYING CHARGE ON SUCH BALANCE OF 5 %. -, PER ANNUM FOR THE PERIOD COVERED BY ALL OF THE INSTALLMENT PAYMENTS, WITH SUCH TOTAL PAYABLE IN MONTHLY INSTALLMENTS NOT EXCEEDING TWENTY -FOUR INSTALLMENTS. ALL MONTHLY INSTALLMENTS WILL BE MADE AT THE ACCOUNTING OFFICE OF THE CITY DEPARTMENT OF PUBLIC UTILITIES AND WILL -BE DUE AND PAYABLE MONTHLY ON THE SAME DUE DATE AS THE REGULAR UTILITY BILL APPLICABLE TO THE PROPERTY. SAID INSTALLMENT NOTE AND CONTRACT SHALL CONTAIN A PROVISION TO THE EFFECT THAT THE PROPERTY OWNER AGREES TO MAKE THE MONTHLY PAYMENTS AS THEREIN SET FORTH AND FURTHER THAT THE OWNERS WATER METER DEPOSIT CAN BE APPLIED TO ANY PAYMENT BECOMING DELINQUENT. SAID CONTRACT SHALL ALSO PROVIDE THAT THE CITY SHALL HAVE THE RIGHT TO DIS- CONTINUE WATER SERVICE TO THE PROPERTY IN THE EVENT ANY OF THE INSTALLMENT PAYMENTS BECOME DELINQUENT. (D) THE SEWER LATERAL LINE AND SO MUCH OF THE SERVICE LINE TO• THE PROPERTY AS IS WITHIN THE STREET ALLEY OR UTILITY EASEMENT SHALL BE THE PROPERTY OF THE CITY AND MAINTAINED BY IT. INSTALLATIONS WITHIN THE PROPERTY LINE OF THE OWNERS PROPERTY SHALL BE THE PROPERTY OF THE OWNER AND SHALL BE MAINTAINED BY THE OWNER. (E) THE CITY MANAGER IS AUTHORIZED TO PREPARE THE NECESSARY FORMS TO IMPLEMENT CARRYING OUT OF THIS INSTALLATION FINANCING PROGRAM OF SEWER EXTENSION LATERAL LINES AND TO REVISE SUCH FORMS FROM TIME TO TIME AS NECESSARY, AND TO EXECUTE SUCH FORMS FOR AND ON BEHALF J OF THE CITY, TO ENFORCE COLLECTION OF SUMS DUE THEREON AND TO EXECUTE RELEASES UPON FINAL PAYMENT OF ALL AMOUNTS DUE ON SUCH INSTALLMENT CON- TRACTS, NOTES AND MECHANICS LIEN. -2- (F) THIS POLICY AND PROVISION OF INSTALLMENT FINANCING OF SEWER LATERAL LINE EXTENSIONS SHALL BE CUMULATIVE OF ALL OTHER ORDINANCES PERTAINING TO SEWER EXTENSIONS AND SEWER CONNECTIONS AND SHALL NOT BE CONSTRUED AS OBLIGATING THE CITY OF CORPUS CHRISTI TO EXTEND SEWER SERVICE UNLESS SUCH EXTENSION IS APPROVED BY THE DIRECTOR OF THE DEPARTMENT OF PUBLIC UTILITIES. SECTION 2. THIS ORDINANCE SHALL BE CUMULATIVE OF ALL OTHER ORDINANCES PERTAINING TO SEWER LINE EXTENSIONS AND SHALL NOT BE CONSTRUED TO OBLIGATE THE CITY TO EXPEND ANY SUMS OF MONEY NOT APPROPRIATED BY SUCH APPROPRIATION OR BY PROVISION IN THE CITY BUDGET CURRENT AT THE TIME, NOR TO OBLIGATE THE CITY TO MAKE ANY SEWER LINE EXTENSION OR FURNISH SEWER SERVICE TO ANY PROPERTY. SECTION 3. THE NECESSITY FOR ESTABLISHING A POLICY FOR IN- STALLMENT PAYMENT BY PROPERTY OWNERS FOR SEWER LATERAL LINE EXTENSION INSTALLATION COSTS 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 AND 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, HAVING REQUESTED THE SUSPENSION OF SAID CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRO- DUCTION AND THAT THIS ORDINANCE TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY PASSED AND APPROVED, THIS THE __T DAY OF MARCH, 1959. MAYOR THE CITY OF CORPUS CHRISTI, TEXAS ATTEST: CITY SEC RETARV APPROVED AS TO LEGAL FORM THIS 4TH DAY OF MARCH, 1959: CITY A'I"TDIiNEY I i CORPUS CHRISTI,TEXAS �> 1959 TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS GENTLEMEN: 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 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; 1, THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRO - DUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL, RESPECTFULLY, "vI THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: FARRELL De SMITH W. J. ROBERTS B. E. BIGLER . 1 MANUEL Pe MALDONADO CHARLIE J. AILLS ARTHUR Re JAMES � ODELL INGLE , THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: FARRELL De SMITH W. J. ROBERTS B. E. BIGLER MANUEL Pe MALDONADO - - CHARLIE J. AILLS < ARTHUR R. JAMES?l� ' ODELL INGLE y