Loading...
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 SEP 2 81984 1741- MICROFILMED 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: 2 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". *0*o*0*0*0*0* 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. *o*0*o*.*o*o*0* 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 3 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 4 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: 5 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 6 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 7 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 8 , •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 11741_4