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HomeMy WebLinkAbout05346 ORD - 05/06/1959' JKHL5 -5 -59 AN ORDINANCE ESTABLISHING THE POLICY OF THE CITY OF CORPUS CHRISTI FOR EXTENSION OF THE CITY WATER SYSTEM TO AREAS OUTSIDE OFD AND NOT WITHIN FIVE MILES OFD THE CORPORATE LIMITS OF THE CITY OF CORPUS CHRISTI; PROVIDING PROCEDURE FOR ADMIN- ISTERING SUCH POLICY; AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO DETE E CERTAIN TTERS AND EXECUTE CONTRACTS FOR AND ON BEHALF OF THE CITY IN ACCORDANCE WITH THE PROVISIONS OF THIS ORDINANCE; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. SUBDIVISIONS. THE OWNER OF ANY LAND AREA BEYOND FIVE (5) MILES FROM THE CITY LIMITS OF THE CITY OF CORPUS CHRISTI DESIRING TO HAVE WATER SERVICE FURNISHED SO SUCH AREA, AS A SUBDIVISION, SHALL FURNISH TO THE CITY AN ACCURATE PLAT OF SUCH AREA THE BOUNDARIES OF WHICH AND THE LOCATIONS OF EASEMENTS THEREIN HAVING AN ACCURACY OF NOT LESS THAN ,1:101000. THE PLAT SHALL SHOW THE LAYOUT OF SUCH SUBDIVISIONS INCLUDING THE PROPOSED INSTALLATIONS OF WATER DISTRIBUTION LINES WITH PROVISION FOR EASEMENTS OF SUFFICIENT SIZE AND NOT LESS THAN TEN (10) FEET IN WIDTH) BOTH WITHIN THE PROPOSED SUBDIVISION AND OUTSIDE THEREOF WHERE NECESSARY TO CONNECT FROM THE SUBDIVISION TO EXISTING WATER MAIN OR WATER DISTRIBUTION LINE FROM WHICH IT IS PROPOSED TO PROVIDE WATER TO SUCH SUBDIVISION. SAID PRELIMINARY PLAT SHALL BE ACCOMPANIED BY A WRITTEN STATE- MENT ACKNOWLEDGED BY THE OWNER OF THE PROPERTY AGREEING TO INSTALL WATER DISTRIBUTION LINES AS SHOWN ON THE PLAT FINALLY APPROVED BY THE CITY AND ACCORDING TO THE SPECIFICATIONS APPROVED BY THE CITY WHICH IN ALL CASES SHALL BE ADEQUATE FOR DISTRIBUTION OF WATER SERVICE TO THE AREA PROPOSED TO BE SERVED AS DETERMINED BY A LICENSED ENGINEER. SAID APPLICANT SHALL ALSO AGREE IN WRITING, DULY ACKNOWLEDGED TO PROVIDE EASEMENTS OF SUF- FICIENT SIZE (NOT LESS THAN TEN (10) FEET IN WIDTH), AND IN THE LOCATION DESIGNATED BY THE CITY, TO CONNECT FROM THE EXISTING WATER MAIN OF THE CITY OR EXISTING WATER DISTRIBUTION LINE OF THE CITY TO THE PROPERTY OF THE APPLICANT, WITH THE INSTALLATION OF SUCH LINE CONNECTING TO THE PROPERTY OF THE APPLICANTS TO BE INSTALLED AT THE COST OF THE APPLICANT 4 • BUT TO BECOME THE PROPERTY OF THE CITY IMMEDIATELY UPON COMPLETION AND ACCEPTANCE FOR MAINTENANCE AND OPERATION BY THE CITY WITH THE APPLICANT HAVING NO RIGHT OR INTEREST THEREIN BUT TO HAVE THE RIGHT OF REIMBURSE- MENT OF A PORTION OF THE COST OF INSTALLATION AS IS HEREINAFTER PROVIDED IN SECTION 3 HEREOF. SECTION 2. OTHER THAN SUBDIVISIONS. THE OWNER OF ANY LAND BEYOND FIVE (5) MILES FROM THE LIMITS OF THE CITY OF CORPUS CHRISTIS WHO SHALL DESIRE TO BE FURNISHED WITH WATER FOR USE ON SAID LANDS BOTH LAND AND USE BEING SPECIFICALLY DESCRIBED IN THE APPLICATION FOR WATER SERVICE, FOR ANY OTHER USE THAN FOR THE SUPPLY OF A SUBDIVISION SHALL FURNISH AN ACCURATE SURVEY SHOWING THE AREA PROPOSED TO BE SERVED AND THE INSTALLATIONS PROPOSED TO BE MADE THEREIN FOR THE SERVING OF WATER THERETO. THE OWNER SHALL ALSO FURNISH A WRITTEN AGREEMENTS DULY ACKNOWLEDGED, AGREEING TO FURNISH EASEMENTS OF SUFFICIENT SIZE AND IN THE LOCATION DESIGNATED BY THE CITY TO CONNECT FROM EXISTING CITY WATER MAIN OR WATER DISTRIBUTION LINE TO THE BOUNDARY OF THE PROPERTY OF THE APPLICANT TO BE INSTALLED AT THE COST OF THE APPLICANT BUT TO BECOME THE PROPERTY OF THE CITY BY AN EXECUTED BILL OF SALE IMMEDIATELY UPON COMPLETION AND ACCEPTANCE FOR MAINTENANCE AND OPERATION BY THE CITY. THE APPLICANT SHALL FURTHER AGREE IN WRITING THAT NO SUBDIVISION OF THE AREA SHALL BE MADE WITHOUT FIRST COMPLYING WITH SECTION OF THIS ORDINANCE. SECTION 3• IF THE CITY, FOR ANY REASONI DESIRES TO HAVE A WATER LINE OF GREATER DIMENSION THAN THAT REQUIRED BY THE APPLICANT AND APPROVED BY THE CITY FOR HIS SUBDIVISION, OR UNDER SECTION 2, ACCORDING TO THE STANDARDS OF THE CITY ON FILE WITH THE CITY SECRETARY APPROVED BY THE CITY MANAGERS THE CITY SHALL HAVE THE RIGHT TO REQUIRE THE APPLICANT TO INSTALL SUCH LINE OF GREATER DIMENSION AND THE CITY SHALL PAY THE DIFFERENCE IN COST BETWEEN THE COST OF THE LINE OF THE SIZE REQUIRED BY THE APPLICANT AS SHOWN BY THE APPROVED PLANS AND THE COST OF LARGER LINE INSTALLED AT THE REQUEST OF THE CITY. SUCH PAYMENT BY THE CITY SHALL BE DUE AFTER COMPLETION OF INSTALLATION AND PAYMENT THEREFOR BY THE APPLICANT. -2- 4 D SECTION 4. ANY APPLICANT, WHOSE LAND NAY BE SERVED WITHOUT ANY CONNECTION LINE BEING NECESSARY BY REASON OF THE PREVIOUS CONSTRUC- TION OF SOME OTHER APPLICANT, SHALL IN ADDITION TO ALL OTHER REQUIRE- MENTS OF THIS ORDINANCES BE REQUIRED TO TENDER TO THE CITY THE PRORATA CHARGE ALLOCABLE TO THE LAND DESCRIBED IN HIS APPLICATION AS DETERMINED BY THE CITY BEFORE BEING GIVEN CONSIDERATION FOR WATER SERVICE UNDER EITHER SECTION 1 OR SECTION 2 HEREOF. SECTION 5. NOTHING IN THIS ORDINANCE SHALL BE CONSTRUED AS REQUIRING THE CITY TO FURNISH WATER SERVICE TO ANY PERSON OR PROPERTY OUTSIDE OF THE CITY LIMITS AT ANY COST WHATEVER TO THE CITY. THE ADOP- TION OF THIS ORDINANCE SHALL NOT COMMIT THE CITY TO EXTEND ANY WATER LINE OR MAKE ANY CHANGES EXTENSION OR ADDITION TO ITS WATER WORKS SYSTEM OR FURNISH WATER SERVICE TO ANY PERSON OR PROPERTY. No WATER SHALL BE FURNISHED THROUGH ANY LINE EXCEPT THE LINES NOW OWNED BY THE CITY OR CONSTRUCTED WITHOUT COST TO THE CITY MEETING THE SPECIFICATIONS APPROVED BY THE CITY TO THE PROPERTY LINE OF THE PROPERTY DESCRIBED IN THE APPLICA- TION. ALL CONNECTIONS TO THE CITY WATER SYSTEM SHALL BE ONLY FOR THE SUPPLY OF THE AREA DESCRIBED IN THE APPLICATION AND ALL INSTALLATIONS SHALL BE SUBJECT TO INSPECTION BY THE CITY AT ALL TIMES. ALL TAP CONNECTIONS AND PLUMBING INSTALLATIONS CONNECTED THERETO SHALL BE IN STRICT COMPLIANCE WITH THE ORDINANCES OF THE CITY APPLICABLE TO CONNECTIONS WITHIN THE CITY AS REQUIRED BY THE PLUMBING CODE OF THE CITY TO THE SAME EXTENT AS IF THE PROPERTY WERE LOCATED WITHIN THE CITY LIMITS. ALL CONNECTIONS TO THE CITY WATER SYSTEM SHALL BE SUBJECT TO THE SAME RULES AND REGULATIONS REGARDING DISCONNECTIONS FOR FAILURE TO PAY CHARGES AS CONSUMERS WITHIN THE CITY LIMITS, AND SHALL BE SUBJECT TO SUCH SCHEDULE OF CHARGES AS ARE APPLICABLE TO OUTSIDE CITY LIMITS USERS USING WATER IN COMPARABLE QUANTITIES. SECTION 6. IN THE EVENT THE APPLICANT IS UNABLE TO AGREE WITH THE CITY, ACTING THROUGH ITS DIRECTOR OF PUBLIC WORKS,, THE APPLICANT SHALL BE ENTITLED TO FILE AN APPEAL WITHIN THIRTY (30) DAYS FROM THE RECEIPT OF THE DETERMINATION OF THE DIRECTOR OF PUBLIC WORKS ON THE QUESTION APPEALED, WITH SUCH APPEAL TO BE FILED IN WRITING WITH THE CITY COUNCIL BY DELIVERY -3- S AT THE OFFICE OF THE CITY SECRETARY WITHIN SAID THIRTY (30) DAYS WITH A STATEMENT BY THE APPLICANT IN DETAIL OF THE REASON FOR DISAGREEMENT WITH THE DETERMINATION OF THE DIRECTOR OF PUBLIC WORKS. UPON RECEIPT OF SUCH APPEAL, THE CITY COUNCIL SHALL, WITHIN TEN (10) DAYS, RESOLVE BY MOTION THE MATTER WHICH IS THE SUBJECT OF SUCH APPEAL AND SUCH DETERMINATION BY THE CITY COUNCIL SHALL BE FINAL. SECTION 7. ALL PLANS, SPECIFICATIONS, SURVEYS, PLATS, MAPS, AND/OR SUPERVISION OF CONSTRUCTION SHALL BE DONE BY A REGISTERED PRO- FESSIONAL ENGINEER, REGISTERED IN THE STATE OF TEXAS AND AS REQUIRED BY STATE LAW OF TEXAS, QUALIFIED IN THE FIELD APPLICABLE. SECTION S. IN ALL APPLICATIONS THE APPLICANT SHALL AGREE THAT WATER IS TO BE SUPPLIED ONLY UPON COMPLIANCE WITH THE RESTRICTIONS SET FORTH IN THIS ORDINANCE AND THAT IN THE EVENT THAT PERFORMANCE OF THE OBLIGATIONS HEREIN IMPOSED ON THE APPLICANT ARE NOT CARRIED OUT WITHIN THE TIME HEREIN PROVIDED, OR WITHIN A REASONABLE TIME WHERE NO TIME LIMIT IS SPECIFIED, THEN THE CITY MAY DISCONTINUE ALL WATER SERVICE. SECTION 9. NO RESALE OF WATER FURNISHED THROUGH SERVICE APPLIED FOR HEREUNDER SHALL BE PERMITTED. NO EXTENSION BY ANYONE OTHER THAN THE CITY, OR UNDER ITS APPROVAL, SHALL BE PERMITTED OF ANY WATER SERVICE THROUGH THE CONNECTIONS AND LINES INSTALLED OR AGREED TO BE INSTALLED HEREUNDER TO ANY AREA OTHER THAN THE AREA DESCRIBED IN THE APPLICATION. SECTION 10. ANY AND ALL ORDINANCES OF THE CITY OF CORPUS CHRISTI NOW IN FORCE AND IN CONFLICT WITH THIS ORDINANCE ARE HEREBY REPEALED IN- SOFAR AS CONFLICTING HEREWITH; AND IN PARTICULAR THE PROVISIONS OF SUB- SECTION (2) OF SECTION 9 OF ORDINANCE 5066, RELATING TO AGREEMENTS TO ANNEX AS TO ANY AREA MORE THAN FIVE (5) MILES FROM THE CITY LIMITS IS HEREBY REPEALED. SECTION 11. THE NECESSITY FOR IMMEDIATE ESTABLISHMENT BY ORDI- NANCE OF A POLICY FOR FURNISHING WATER OUTSIDE THE CITY WHERE THE AREA IS MORE THAN FIVE (5) MILES FROM THE CITY LIMITS CREATES A PUBLIC EMER- GENCY 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 INTRODUCTION AND THAT THIS ORDINANCE -4- S: • TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY PASSED AND APPROVED, THIS THE DAY OF MAY, 1959• MAYOR THE CITY F ORPUS HRISTI, TEXAS ATTEST: s CITY SECRET RYY ,J APPROVED AS TO LEGAL FORM THIS IT AY OF MAY, 1959 CITY ATTOR EY ti a; CORPUS CHRISTI, TEXAS b-- ' '� 19.1 y Cr 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, I, THEREFORE, HEREBY 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 THE CITY OF PUS CH STI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTES EGLROY KING JAMES L. BARNARD MRS. RAY AIRHEART cl-:L JOSEPH B. DUNN _f PATRICK J. DUNNE4_ R. A. HUMBLE GABE L. LOZANO, SR. THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTES ELLROY KING I, JAMES L. BARNARD MRS. RAY AIRHEART JOSEPH B. DUNN f PATRICK J. DUNNE R. A. HUMBLE GABE L. LOZANO, SR.