HomeMy WebLinkAbout17334 ORD - 11/03/1982AN ORDINANCE
DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT
OF:
H.E.B PARK AREA
Dahlia Terrace, Pineda Park, Broadmoor Park and Baldwin
Park Subdivision, the replacement of 8, 6, and 4 inch
water mains and changing the house services from
easements at the rear of the lots to the front of the
lots.
AND DECLARING AN EMERGENCY.
WHEREAS, the City of Corpus Christi deems it necessary to
permanently improve the hereinafter named street(s) within the City of Corpus
Christi; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the following street(s) shall be improved by the
installation of water mains as follows:
Dahlia Terrace, Pineda Park, Broadmoor Park and Baldwin
Park Subdivision, the replacement of 8, 6, and 4 inch
water mains and changing the house services from
easements at the rear of the lots to the front of the
lots.
and by the construction of all other incidentals and appurtenances, all as
deemed adequate by the City Engineer and as provided for in the plans and
specifications for such improvements to. be prepared by the said City
Engineer.
SECTION 2. That the cost of said improvements shall be assessed against
property and paid for as follows, to -wit:
A. The City will install, or cause to be installed, the appropriate 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 installation
against the abutting property owners, providing that such assessment does not
exceed ninety percent (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 subdivided 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
kficwiLmer
SEP 2 8 1984
1733.1
replacement sidewalk and/or curb and gutter replacement, grading, etc., may
be included in said assessment.
B. 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 City Engineer. Such rate shall include
eight percent (8%) 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 costs of
installing the same or similar type water main and/or fittings prevailing in
the area; or the assessment rate may be based on actual competively bid
prices for the installation in accordance with City bidding procedures.
Corner lots shall be assessed only for the shorter side of same abutting upon
a public street.
The cost assessed against abutting 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 eight percent (81), 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 whom and 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.
2
That no such assessments 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 tpe 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 exectued 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 City Engineer, in accordance with the above instructions,
is hereby directed to coordinate the preparation of plans and specifications
and file same with the City Council for the hereinabove described
improvements.
SECTION 3. That the City Council, in initiating this proceeding,
is acting under the terms and provisions of Article 1110c of 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, Texas, and the laws
above identified, that said improvements may be omitted in front of any
property exempt from the lien of special assessment for street improvements
without invalidating or affecting the assessments against the other property
abutting upon said street. Further, the City Secretary of the City of Corpus
Christi, Texas, is hereby authorized and directed to prepare a notice in the
name of the said City of Corpus Christi of action taken herein and to have
same filed by the County Clerk of Nueces County, Texas, among the Mortgage
Records of said County.
3
4.
SECTION 6. That upon written request of the Mayor or five Council
members, copy attached, to find and declare an emergency due to the need to
take immediate action to preserve and protect public property by expediting
the construction of public improvements, such finding of an emergency is made
and declared requiring suspension of the Charter rule as to consideration and
voting upon ordinances or resolutions at three regular meetings so that this
ordinance is passed and shall take e ct upon first reading as an emergency
measure this the day of , 19 i•Z .
ATTEST:
ecretary MAYOR
THE CIT OF CORPUS CHRISTI, TEXAS
APPR VED:
DAY OF/lighteni3AX 19iNe:
. BRUCE AYCOCK, CITY ATTORNEY
4
Corpus Christi, Texas
day of
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; 1/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,
. . ,
1982
MAYOR
Council Members
THE C TY OF CORPUS CHRISTI, TEXAS
The above ordinance was passed by the foll wing vote:
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
/7334
;
0-1-02 • /13 3 DEED RECORM
0171843 fE 884
293365
Mt 793 IOU 901
NOTICE
THE STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF NUECES §
That the City of Corpus Christi, acting by and through its duly
elected and constituted City Council, on the 3d day of November, 1982: by
Ordinance No. 17334 determined the necessity for and ordered the improvement
of a portion of the following street:
H.E.B. Park Area
Dahlia Terrace, Pineda Park, Broadmoor Park and Baldwin Park Subdivisions,
the replacement of 8, 6, and 4 inch water mains and changing of house
services from the easement at the rear of the lots to the front of the lots.
within the City of Corpus Christi, Nueces County, Texas, said streets within
the limits above described to be improved by the installation of water mains
as follows:
Dahlia Terrace, Pineda Park, Broadmoor Park and Baldwin
Park Subdivision, the replacement of 8, 6, and 4 inch
water mains and chaing the house services from easements
at the rear of the lots to the front of the lots.
and by the construction of all other incidentals and appurtenances, all as
deemed adequate by the City Engineer and as provided for in the plans and
specifications for such improvements to be prepared by the said City
Engineer.
That Ordinance No. 17334 , passed by the City Council on the 3d day
of November, 1982, provided that the amounts payable by the real and true
owners of said abutting property shall be paid and become payable in one of
the following methods at the option of the property owner:
1. All in cash within thirty (30) days after_completion and
acceptance by the City:'or,
2. Payment 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 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 eight percent (8%) with ,
the provision that any of said installments may be paid at any time before
City of C. C.
Legal Department
P. 0. Box 9277
C. C., Tx. 78408
REL793 lou 902
maturity by the payment of the principal and accrued interest thereon. Any
property owner against whom and 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.
And said ordinance further provided that the amounts payable by the abutting
property, and the real and true owners thereof shall constitute a first 'and
prior lien on such abutting property and a personal liability of the real and
true owners thereof.
Therefore, the City of Corpus Christi has caused this Notice to be
f:I1ed-by::,0,11JG. Read, City Secretary, and the official seal of the City to
: be hereto affixed this the LA.AA. day of LitertiaLlys—era.—r— , 19
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CITY OF CORPUS CHRISTI
By
41m4,550 4:e
Ail 1 G. Read, City Secretary
THE STATE OF TEXAS §
COUNTY OF NUECES §
REFORE ME, the undersigned authority, on this day personally
appeared BILL G. READ, City Secretary of the City of Corpus Christi, known to
me to be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that he signed the same in his capacity as City Secretary,
for the purpose and consideration therein expressed, and as the act and deed
of said City of Corpus Christi.
GIVEN UNDER MY HAND AND SEAL this • the gal.- day of
LC1
COUNTY TX
, 19 R2...
Dorothy Zahn
Notary Fubilc
Nueces County/State of Texas
otATE Of TDIAS
COUNTY OF NUECES 3
I hereby evilly thst testrument was FILED on the
age ind at the time stamped hereon by me; and was del
RECORDED, m the Yohnne end Page at the named RECORDS
0130tots County, TWO, u stamped harem by me, de
Nov 15, 1982 •
COUNTY CLERK,
.:JECES COUNTY. TEXAS
2
CRY 0 C. C.
Legal Deparimettk
O.Box4
Box 972877
C.T08
V:38003N aa