HomeMy WebLinkAbout17414 ORD - 12/29/1982AN ORDINANCE
CLOSING THE HEARING ON WATER DISTRIBUTION SYSTEM IMPROVE-
MENTS FOR THE H.E.B. PARK AREA; FIXING A LIEN AND CHARGE,
THE MANNER AND TIME OF PAYMENT AND COLLECTION; AND
DECLARING AN EMERGENCY.
WHEREAS, the City Council of Corpus Christi, Texas, by duly enacted
ordinance passed and approved an the 3rd day of November, 1982, determined
the necessity for, and ordered the improvement of the H.E.B. Park Area,
consisting of Dahlia Terrace, Pineda Park, Broadmoor Park and Baldwin Park
Subdivision, 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 in the manner and according to the plans and specifications heretofore
approved and adopted by the City Council by ordinance dated November 3, 1982,
a duly executed notice of said ordinance having been filed in the name of the
said City with the County Clerk of Nueces County, Texas; and
WHEREAS, the said City Council has caused the City Engineer to
prepare and file estimates of the cost of such improvements and estimates of
the amount per front foot proposed to be assessed against the property
abutting upon a portion of the aforesaid streets within the limits herein
defined, to be improved, and the real and true owners thereof, and said City
Engineer has heretofore filed said estimates and a statement of other matters
relating thereto with said City Council, and same has been received, examined
and approved by said City Council; and
WHEREAS, said City Council, by duly enacted ordinance dated
November 3, 1982 did determine the necessity of levying an assessment for
that portion of the cost of constructing said improvements on the above named
streets, within the limits herein defined, to be paid by the abutting
property and the real and true owners thereof, and by ordinance dated
November 3, 1982, did order and set a hearing to be held at 7:00 p.m. on the
8th day of December, 1982, in the Travis Elementary School Cafeteria in the
City of Corpus Christi, Texas, for the real and true owners of the property
abutting upon said streets, within the limits above defined, and for all
others owning or claiming any interest in, or otherwise interested in said
property, or any of said matters as to the assessments and amounts to be
assessed against each parcel of abutting property and the real and true owner
or owners thereof, and as to the special benefits to accrue to said abutting
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of said improvements, if any, or concerning any error, invalidity, irregular-
ity or deficiency in any proceedings, or contract, to appear and be heard in
person or by counsel and offer evidence in reference to said matters; and the
City Council did by said ordinance order and direct the City to give, notice
of said hearing to the owners abutting upon said streets as shown by the
current ad valorem tax roll by mailing such notice to such owners and pub-
lishing said notice at least three times in the Corpus Christi Times before
the date of the hearing, such notice of mail and by publication being in
compliance with the provisions of Article 1110c of Vernon's Annotated Civil
Statutes of Texas; and
WHEREAS, such notice was given said owners of property as shown on
the current ad valorem tax roll within the limits of the streets being
improved by mailing such notice at least fourteen (14) days prior to the
hearing to such owners and by publishing three times notice of such hearing
in the Corpus Christi Times, the first of which publication was at least
twenty-one (21) days prior to the date of said hearing; both forms of notice
being in compliance with and containing the information required by Article
1110c, Vernon's Annotated Civil Statutes; and
WHEREAS, after due, regular and proper notice thereof, all as
provided by law and the Charter of the City of Corpus Christi, said hearing
of which notice was given, was opened and held on December 8, 1982, in Travis
Elementary Cafeteria in the City of Corpus Christi, Texas, in accordance with
said ordinance and notice, at which time an opportunity was given to all said
abovementioned persons, firms, corporations and estates, their agents and
attorneys, to be heard and to offer evidence as to all matters in accordance
with said ordinance and notice,and continued on December 22, 1982, at which
time the following appeared and offered the following testimony:
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Minutes
Regular'Cpunbi,l Meeting
December 22, 1982
Page 12
The Charter Rule was suspended and the foregoing ordinance passe
by the following vote: Jones, Turner, Dumphy, Gulley, Hawk'
Kennedy and Zarsky voting "aye".
28. ORDINANCE NO. 17411:
AMENDING THE ZONING ORDINANCE UPON APPLICATION S.' THE CITY OF
CORPUS CHRISTI, BY CHANGING THE ZONING MAP REFERENCE TO
SEVERAL AREAS ALONG FARM ROAD 624 FROM "R -1B" - E -FAMILY DWELLING
DISTRICT, "SP" SPECIAL PERMIT, AND "B-1" IGHBORHOOD BUSINESS
DISTRICT TO "B-4" GENERAL BUSINESS DIST' CT, ON AREA A, "F -R"
FARM RURAL DISTRICT, ON AREA B, "•.:", PROFESSIONAL OFFICE
DISTRICT, ON AREA C, "F -R" FARM RU DISTRICT ON AREA D, "AB"
PROFESSIONAL OFFICE DISTRICT ON A E, AND "B-1" NEIGHBORHOOD
BUSINESS DISTRICT, ON AREA F; - DECLARING AN EMERGENCY.
The Charter Rule was suspend and the foregoing ordinance passed
by the following vote: .ones, Turner, Dumphy, Gulley, Hawkins,
Kennedy and Zarsky vot' g "aye".
29. ORDINANCE NO. 7412:
AMENDING THE ZONING ORDINANCE BY AMENDING SECTION 13-2(4),
SECTION 15-,(5), AND SECTION 16-2(5) TO CLARIFY THE USES WITHIN
THOSE DI " ICTS; AND DECLARING AN EMERGENCY.
The • arter Rule was suspended and the foregoing ordinance passed
b the following vote: Jones, Turner, Dumphy, Gulley, Hawkins,
ennedy and Zarsky voting "aye".
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Mayor Jones announced the public hearing on the preliminary
assessment roll for the water distribution system for the H.E.B.
park area. He stated that City Attorney J. Bruce Aycock would
conduct the formal portion of the public hearing.
Mr. Aycock called as his first witness Mr. Gerald Smith,
P.E., City Engineer. Through questioning of the witness, Mr.
Aycock ascertained that Mr. Smith has been an employee of the
City of Corpus Christi for 23 years and that he has on file, in
the City Engineering Department, his qualifications.
Mr. Smith then testified that he is familiar with the
project and stated that this a a 7th Year Community Development
Block Grant project; it involves five subdivisions; included in
the project is the abandonment and plugging of water mains in the
easements at the back of lots and the laying of 8, 6, or 4 inch
water mains in street rights-of-way. He stated that construction
shall include the installation of valves, tees, crosses, taps,
manholes, thrust blocking and other appurtenant fittings to
include fire protection facilities, that .these lines were
installed initially between 1945 and 1948, and the purpose of
Minutes
Regular Council Meeting
December 22, 1982
Page 13
this project is to upgrade the lines. He then showed a trans-
parency of a typical house and stated that the water meters would
be moved from the easement to the front of the house. He
informed the Council that nine contractors had submitted bids and
the low bidder was Austin Engineering Company for $782,533.00,
with the City portion being $704,096.44 and the assessments
totalling $78,436.56 on 651 items.
Mr. Aycock inquired of Mr. Smith if fire protection would be
increased and Mr. Smith stated that eleven fire hydrants
currently serve this area and 40 additional hydrants will be
installed.
Council Member Kennedy inquired as to why the City planned
to move the lines to the front of the homes, and Mr. Smith stated
that there have been several water breaks in this area and it is
very difficult to position the machinery in these easements since
they are only 10 feet wide. He also stated that State Law
requires that there be a 9 foot separation between water lines
and sanitary sewer lines.
Mr. Smith informed the Council that they are recommending no
assessments for items 1 through 44 because there is .an existing
line in the front of the property.
Mr. Aycock called as his next witness Mr. Bill Holly and
verified that Mr. Holly was a licensed real estate broker and
appraiser and that he has on file in the City Engineering
Department a copy of his qualifications in resume form.
Mr. Holly testified that he examined all of the properties
and that they will be enhanced in value by the improvements by at
least the amount of assessments.
Mr. Aycock asked if there were any inequities and Mr. Holly
stated that some lots had rounded corners and the assessments
for these have been adjusted by the staff.
Council Member Zarsky asked if this would reduce the fire
insurance rates for the property owners involved, and Mr. Holly
stated that he is not in a position to answer that question but
Kinutes -
Regular Council Meeting
December 22, 1982
Page 14
that each individual should contact their private insurance
company.
Mayor Jones inquired about increased water pressure and Mr.
Smith stated that the average pressure is 55 lbs. per square inch
and the water pressure would be increased as a result of the
installation of the larger lines.
Mayor Jones called for comments from the audience.
Mr. Robert Tamez, Administrator for Corpus Christi
Osteopathic Hospital, stated that he would like to work closely
with the City to avoid any interruption of water service to the
hospital. Mr. Smith stated that there would be a period of time
from approximately 30 minutes to 11 hours in which they will not
have water, but stated they could possibly bypass lines for the
hospital or, in any case, something could be worked out.
Mr. Joe Lopez, 1520 Eunice, stated that he was at the
hearing last week and there were many people who attended that
meeting but could not attend today. Mr. Lopez continued by
stating that he built his house himself two years ago and it had
good water pressure and there were no obstructions in his
easement. He stated that the lines would not be of, benefit to
the community because the plumbing in most of the homes is old.
Mr. Lopez made further comments, indicating that his major
concern was that the street would be torn up and then patched.
Mr. Smith stated that the street will be patched with
caliche and 11" of asphalt.
Mayor Pro Tem Turner inquired if the yards would be damaged,
and Mr. Smith stated that they would meet with property owners on
an individual basis to determine the best route through their
yards. Mrs. Turner asked how the City felt this project was
justified, and Mr. Smith informed her that it was justified
because (1) the frequent breaks in the lines; (2) additional fire
hydrants will be installed; and (3) increased water pressure.
Mr. Domingo Garcia, 1726 Juanita, presented a petition with
101 signatures opposing the project because of the condition the
street will be in after the lines are installed.
Mr. Saldana, 1721 Juanita, stated he did not understand why
the City was placing the lines in the street, and Assistant City
Minutes -
Regular Council Meeting
December 22, 1982
Page 15
Manager Lontos explained the law requiring the separation between
water lines and sewer lines.
After further discussion of the number of breaks in the
area, Mayor Pro Tem Turner requested a report on the breaks in
that area.
Mr. Troy Frost, 1813 Timrod, stated that he purchased a home
in Pineda Park in 1941; the water lines were in poor shape at
that time; and that these improvements are needed.
Mayor Jones stated that he appreciated the property owners
concern about their yards, but they have an opportunity to
improve the area, and if something is not done now, there will be
problems later.
Mr. C. A. Wendel, 2713 Willard, stated he is for the project
100%.
Mr. Lopez spoke again and stated that there was nothing
behind his property so he could not understand why his line could
not be in the easement, and it was explained to Mr. Lopez that
regardless of whether or not anything was behind his property
now, the property is privately owned and it- is impossible to
determine what might be located there in the future.
A motion was made by Council Member Gulley that the hearing
be closed; seconded by Council Member Zarsky; and passed
unanimously.
Mr. Mungia, an employee of the Wastewater Division who is a •
property owner in this area, alleged that he has seen water and
sewer lines laid in new subdivisions that are not 9 feet apart.
Council Member Dumphy suggested that this be investigated.
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Mayor Jones announced the public hearing on the following
closure:
31. Closing a 2oot wide strip of right-of-way on Airline Road
near Holly Roa• onting Lots 1 and 2, Section 13, Flour
Bluff Encinal Farm a Garden Tracts. The staff feels that
the bulk of the 20 foo trip, which is 1,400 feet in
length, can be closed sub• t to easement retainage,
agreement to paying assessments an. dication of Holly Road
right-of-way which would be needed fo uture Holly Road
construction from Lot 2 which has been pre. .usly platted.
The hearing on this request was postponed for - weeks on
December 8, 1982.
There being no further testimony offered or any further parties
appearing to be heard, upon proper motion, duly seconded and unanimously
carried, the said hearing was declared closed; and
WHEREAS, no further parties appearing and no further testimony
being offered as to the special benefits in relation to the enhanced value of
said abutting property as compared to cost of the said improvements proposed
to be assessed against said property, or as to any errors, invalidities or
irregularities, in the proceeding or contract heretofore had in reference to
the portions of said streets to be improved; and
WHEREAS, said City Council has heard evidence as to the special
benefits and enhanced value to accrue to said abutting property, and the real
and true owner or owners thereof, as compared with the cost of making said
improvements within the limits above defined, and has heard all parties
appearing and offering testimony, together with all protests and objections
relative to such matters and as to any errors, invalidities or irregularities
in any of the proceedings and contract for said improvements, and has given a
full and fair hearing to all parties making or desiring to make any such
protest, objection or offer testimony and has fully examined and considered
all evidence, matters, objections and protests offered and based upon said
evidence, testimony and statements, said City Council finds that each and
every parcel of property abutting upon the portion of the streets aforesaid
within the limits to be improved as herein defined, will be enhanced in value
and specially benefited by the construction of said improvements proposed to
be, and as hereinbelow assessed against each and every said parcel of abut-
ting property, and the real and true owners thereof, and said City Council
did consider and correct all errors, invalidities or deficiencies called to
its attention and did find that all proceedings and contracts were proper and
in accordance with the Charter of said City and the laws of the State of
Texas, under which those proceedings were being had, and the proceedings of
said City Council heretofore had with reference to such improvements, and in
all respects to be valid and regular; and said City Council did further find
upon said evidence that the assessments hereinbelow made and the charges
hereby declared against said abutting property on the portions of the streets
hereinabove described, within the limits defined, and the real and true owner
or owners thereof, are just and equitable and did adopt the rule of
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apportionment set out below and the division of the cost of said improvements
between said abutting properties, and the real and true owner or owners
thereof, as just and equitable, and as producing substantial equality con-
sidering the benefits to be received and the burdens imposed thereby, and
that all objections and protests should be overruled and denied except the
corrections and changes as appear on the final assessment roll included in
this ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That there being no further protest or testimony for or
against said improvements, said hearing granted to the real and true owners
of abutting property on said streets, within the limits above defined, and to
all persons, firms, corporations and estates, owning or claiming same or any
interest therein, be and the same is hereby closed and all protests and
objections, whether specifically mentioned or not, shall be, and the same are
hereby overruled and denied.
SECTION 2. That said City Council hereby finds and determines upon
the evidence heard in reference to each and every parcel or property abutting
upon the aforesaid streets, within the limits defined, that the special
benefits in the enhanced value to accrue to said property and the real and
true owner or owners thereof, by virtue to the construction of said water
distribution system improvements to said portion of said streets upon which
said property abuts, will be in excess of the amount of the cost of said
improvements as proposed to be, and as herein assessed against said abutting
property and the real and true owners thereof, and finds that the apportion-
ment of the cost of said improvements, and that all assessments hereinbelow
made are just and equitable and produce substantial equality considering the
benefits received and the burdens imposed thereby, and are in accordance with
the laws of the State of Texas, and the Charter provisions of the City of
Corpus Christi, Texas, and that the proceedings and contract heretofore had
with reference to said improvements are in all respects regular, proper and
valid, and that all prerequisites to the fixing of the assessment liens
against said abutting properties, as hereinabove described and the personal
liability of the real and true owner or owners thereof, whether named or
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correctly named herein or not, have been in all things regularly had and
performed in compliance with the law, Charter provisions and proceedings of
the said City Council.
SECTION 3. That in pursuance of said ordinance, duly enacted by
said City Council, authorizing and ordering the water distribution system
improvements above described, within the limits defined, and in pursuance of
said proceedings heretofore had and enacted by said City Council, in refer-
ence to said improvements and by virtue of the powers vested in said City
with respect to said improvements by the laws of the State of Texas and the
Charter of said City, with particular reference to Article 1110c of Vernon's
Annotated Civil Statutes of Texas, as amended, there shall be, and is hereby
levied, assessed and taxed against the respective parcels or property abut-
ting upon said portion of said streets, and against the real and true owners
thereof, whether such real and true owner or owners be named or correctly
named herein or not, the several sums of money hereinbelow mentioned and
itemized opposite the description of the respective parcels of said property,
the number of front feet of each and the several amounts assessed against
same and the real and true owner or owners thereof, and names of the apparent
owners thereof, all as corrected and adjusted by said City Council, being as
follows, to -wit:
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SECTION 4. Be it further ordained that in the event the actual
frontage of any property herein assessed shall be found upon the completion
of said improvements to be greater or less than the number of feet
hereinabove stated, the assessments herein set against any such property and
against the real and true owner or owners thereof, shall be, and the same are
hereby declared to be increased or decreased as the case may be, in the
proportion which said excess or deficiency or frontage shall bear to the
whole number of front feet of property actually improved in accordance with
the front foot rule or rate of assessment herein adopted, it being the
intention that such parcel of property and the real and true owner or owners
thereof abutting on the portion of the streets above described, within the
limits defined, shall pay for said improvements under the "FRONT FOOT RULE OR
PLAN", which rule or plan is hereby found and determined to be just and
equitable and to produce a substantial equality, having in view the special
benefits to be received and the burdens imposed thereby; and it is further
ordained that upon final completion and acceptance of said improvements on
the aforesaid streets, within the limits defined all certificates hereinafter
provided for, issued to evidence said assessments against said parcels of
property abutting upon said streets, and the real and true owner or owners
thereof shall be issued in accordance with, and shall evidence the actual
frontage of said property and the actual cost of said improvements, the
amount named in said certificate in no case to exceed the amount'herein
assessed against such property unless such increase be caused by an excess of
front footage over the amount hereinabove stated, such actual cost and such
actual number of front feet, if different from the hereinabove shown in
Section 3 hereof, to be determined by the City Engineer upon completion of
said work, and the findings of the shall be final and binding upon all
parties concerned.
SECTION 5. That the several sums mentioned above in Section 3
hereof assessed against said parcels of property abutting on the aforesaid
streets, within the limits defined, and the real and true owners thereof,
whether named or correctly named herein or not, subject to the provisions of
Section 4 thereof, together with interest thereon at the rate of eight
percent (8 %) per annum with reasonable attorney's fee and all costs and
expenses of collection, if incurred, are hereby declared to be made a first
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and prior lien upon the respective parcels of property, against which same
are assessed from and after the date said improvements were ordered by said
City Council, to-wit: November 3, 1982, and a personal liability and charge
against the real and true owner or owners be named or correctly named herein,
and that said lien shall be and constitute the first and prior enforceable
claim against the property assessed and shall be a first and paramount lien
superior to all other liens, claims or title, except for lawful ad valorem
taxes; and that the same so assessed shall be paid and become payable in one
of the following methods at the option of the property owner:
1. All in cash within 30 days after completion or
acceptance by City; or
2. Payments to be made in maximum of 120 equal install-
ments, the first of which shall be paid within 30 days
after the completion of said improvement, and the accep-
tance thereof by the City, and the balance to be paid in
59 equal consecutive monthly installments commencing on
the 1st day of the next succeeding month until the entire
sum is paid in full, together with interest from the date
of said completion and acceptance by the City, until
paid, at the rate of eight percent (8 1) per annum;
provided, however, that the owners of said property
availing themselves of Option "2" or "3" shall have the
privilege of paying one, or all, of such installments at
any time before maturity thereof by paying the total
amount of principal due, together with interest accrued,
to the date of payment.
3. The total number of monthly installments on owner
occupied property may be extended beyond 120 in number so
that, at the owner's request, the total monthly payments
will not exceed ten dollars ($10.00) per month.
SECTION 6. That all such assessments levied are a personal
liability and charge against the real and true owner or owners of the
property described, or attempted to be described, notwithstanding such owner
or owners may not be named or correctly named, and any irregularity in the
name of the property owner, or the description of any property or the amount
of any assessment, or in any other matter or thing shall not in anywise
invalidate or impair any assessment levied hereby or any certificate issued,
and such mistake, or error, invalidity or irregularity whether in such
assessment or in the certificate issued in evidence thereof, may be, but is
not required to be, to be enforceable, at any time corrected by the said City
Council of the City of Corpus Christi. Further that the omission of said
improvements in front of any part of parcel of property abutting upon the
aforementioned streets, which is exempt from the lien of said assessment,
shall in no wise affect or impair the validity' of assessments against the
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other parcels of property abutting upon said street; and that the total
amounts assessed against the respective parcels of property abutting upon
said streets within the limits herein defined and the real and true owner or
owners thereof, are the same as, or less than, the estimate of said
assessment prepared by the City Engineer and approved and adopted by the City
Council and are in accordance with the procedures of said City Council
relative to said improvements and assessments thereof, and with the terms,
powers and provisions of Article 1110c of Vernon's Annotated Civil Statutes
of Texas and Charter of the City of Corpus Christi, Texas, under which terms,
power and provisions said proceedings, said improvements and assessments were
had and made by said City Council.
SECTION 7. That upon written request of the Mayor or five Council
members, copy attached, to find and declare an emergency due to the need for
efficient administration of City affairs by the closing of such hearing on
water distribution system 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 effect upon first reading as an emergency
measure this the 29th day of December, 1982.
ATTEST:
i ecretary MAYOR
THE CTrY OF CORPUS CHRISTI, TEXAS
APPROVED:
29th DAY OF DECEMBER, 1982:
J. Bruce Aycock, Ci`Jy Attorney
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, •1
Corpus�iChristi, Te as
0.21 day of, 198.Z
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; I/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,
Council Members
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
The above ordinance was passey the following vote:
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
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