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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 ' r?,•; ..'r; k-vA. 0." 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