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Home My WebLink About025987 ORD - 10/12/2004 ORDINANCE REPEALING ORDINANCE NO. 024703 WHICH IMPOSES ASSESSMENTS AND FIXES LIENS ON PROPERTY ABUTTING IMPROVEMENTS FOR SOUTHMORELAND ADDITION STREET PHASE 3A - LEWIS STREET BETWEEN RICHARD AND CLEMMER & 4A - RAMSEY STREET BETWEEN BRAWNER PARKWAY AND NORTON STREET; REPEALING PORTIONS OF RESOLUTION NO. 024623 WHICH DETERMINES THE NECESSITY FOR AND ORDERING THE IMPROVEMENTS TO SOUTHMORELAND ADDITION STREET PHASE 3A - LEWIS STREET BETWEEN RICHARD AND CLEMMER & 4A - RAMSEY STREET BETWEEN BRAWNER PARKWAY AND NORTON STREET AND WHICH IMPOSES ASSESSMENTS AND DIRECTS FILING OF PROPOSED ASSESSMENTS; REPEALING PORTIONS OF RESOLUTION NO. 024624 GIVING NOTICE OF PROPOSED ASSESSMENTS; REPEALING ORDINANCE 024288 WHICH IMPOSES ASSESSMENTS AND FIXES LIENS ON PROPERTY ABUTTING IMPROVEMENTS FOR OMAHA DRIVE - IH 37 TO LEOPARD STREET; REPEALING PORTIONS OF RESOLUTION NO. 024246 WHICH DETERMINES THE NECESSITY FOR AND ORDERING THE IMPROVEMENTS TO OMAHA DRIVE - IH 37 TO LEOPARD STREET AND WHICH IMPOSES ASSESSMENTS AND DIRECTS FILING OF PROPOSED ASSESSMENTS; REPEALING PORTIONS OF RESOLUTION NO. 024247 GIVING NOTICE OF PROPOSED ASSESSMENTS; REPEALING ORDINANCE 024729 WHICH IMPOSES ASSESSMENTS AND FIXES LIENS ON PROPERTY ABUTTING IMPROVEMENTS FOR HAMPSHIRE ROAD FROM STATE HIGHWAY 358 TO MCBRIDE LANE; REPEALING PORTIONS OF RESOLUTION NO. 024625 WHICH DETERMINES THE NECESSITY FOR AND ORDERING THE IMPROVEMENTS TO HAMPSHIRE ROAD FROM STATE HIGHWAY 358 TO MCBRIDE LANE AND WHICH IMPOSES ASSESSMENTS AND DIRECTS FILING OF PROPOSED ASSESSMENTS; REPEALING PORTIONS OF RESOLUTION NO. 024626 GIVING NOTICE OF PROPOSED ASSESSMENTS; REPEALING ORDINANCE 024927 WHICH IMPOSES ASSESSMENTS AND FIXES LIENS ON PROPERTY ABUTTING IMPROVEMENTS FOR FLOUR BLUFF AREA STREET IMPROVEMENTS PHASE 1 (SCOTLAND STREET - NAS. DRIVE TO JANE STREET)(WEBB STREET - NAS. DRIVE TO JANE STREET)(CLARIDE STREET - N.A.S. DRIVE TO MOUNTS STREET)(JANE STREET - JESTER STREET TO CLARIDE STREET)(MOUNTS STREET - CLARIDE STREET TO LAKESIDE DRIVE); REPEALING PORTIONS OF RESOLUTION NO. 024865 WHICH DETERMINES THE NECESSITY FOR AND ORDERING THE IMPROVEMENTS TO FLOUR BLUFF AREA STREET IMPROVEMENTS PHASE 1 AND WHICH IMPOSES ASSESSMENTS AND DIRECTS FILING OF PROPOSED ASSESSMENTS; REPEALING PORTIONS OF RESOLUTION NO. 024864 GIVING NOTICE OF PROPOSED ASSESSMENTS; PROVIDING FOR REFUNDS OF ALL ASSESSMENTS IN THESE PROJECTS AND RELEASE OF ALL ASSESSMENT LIENS; AND DECLARING AN EMERGENCY. John"DrdReso\OrdRepeaIOrd Repealing hnprovcmcllls.l1a 1 " .~) 9 ;) 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: WHEREAS, the City passed assessment ordinances and resolutions on the above-mentioned Community Development Block Grant Funded Projects as it had done on numerous CDBG Funded Projects over the past many years; and WHEREAS, the City normally notifies all property owners that grants are available to qualified low and moderate income families to pay for street improvement assessments, Code of Ordinances, City of Corpus Christi, Section 49-21 (C.II)(1)-(4); and WHEREAS, the U.S. Department of Housing and Urban Development (HUD) has informed the City that assessing low to moderate income residents in eligible Community Development Block Grant (CDBG) census tracts is not authorized by HUD regulations; and WHEREAS, the assessments on the above-mentioned CDBG funded projects occurred prior to or during the time frame of the above determination of HUD and these assessments should be repealed; and WHEREAS, Section 49-21(C.II)(1 ),(4), Code of Ordinances, City of Corpus Christi, contains the policy for CDBG assessments and grants and should be repealed by a separate ordinance, NOW THEREFORE: Southmoreland Addition Street Phase 3A - Lewis Street between Richard and Clemmer & 4A - Ramsev Street between Brawner Parkwav and Norton Street SECTION 1. That Ordinance 024703, passed on December 11, 2001, which imposes assessments and fixes liens on property abutting improvements for Southmoreland Addition Street Improvements Phase 3A ' Lewis Street between Richard and Clemmer & 4A - Ramsey Street between Brawner Parkway and Norton Street is hereby repealed. SECTION 2. That the portion of Resolution No. 024623, passed on October 16, 2001, which imposes assessments and directs filing of proposed assessments is hereby repealed. SECTION 3. That the portion of Resolution No. 024624, passed on October 16, 2001, giving notice of proposed assessments is hereby repealed. Omaha Drive - IH 37 to Leopard Street SECTION 4. That Ordinance 024288, passed on November 21, 2000, which imposes assessments and fixes liens on property abutting improvements for Omaha Drive - IH 37 to Leopard Street is hereby repealed. SECTION 5. That the portion Resolution No. 024246, passed on October 10, 2000, which imposes assessments and directs filing of proposed assessments is hereby repealed, SECTION 6. That the portion of Resolution No. 024247, passed on October 10, 2000, giving notice of proposed assessments is hereby repealed. Hampshire Road from State Hiqhwav 358 to McBride Lane SECTION 7. That Ordinance 024729, passed on January 8, 2002, which imposes assessments and fixes liens on property abutting improvements for Hampshire Road from State Highway 358 to McBride Lane,is hereby repealed. SECTION 8. That the portion of Resolution No. 024625, passed on October 16, 2001, which imposes assessments and directs filing of proposed assessments is hereby repealed. John\OrdReso'...ordRepealOrd Repealing Impro\'Cl1lct1ts,l]il 2 SECTION 9. That the portion of Resolution No. 024826, passed on October 16, 2001, giving notice of proposed assessments is hereby repealed. Flour Bluff Area Street Improvements Phase 1 (Scotland Street - NAS. to Jane Street)(Webb Street - NAS. Drive to Jane Street)(Claride Street - NAS. Drive to Mounts Street){Jane Street - Jester Street to Cia ride Street)(Mounts Street - Claride Street to Lakeside Drive) SECTION 10. That Ordinance 024927, passed on June 20, 2002, which imposes assessments and fixes liens on property abutting improvements for Flour Bluff Area Street Improvements Phase 1 (Scotland Street - NAS. to Jane Street)(Webb Street - NAS. Drive to Jane Street)(Claride Street - N.A.S, Drive to Mounts Street)(Jane Street - Jester Street to Claride Street)(Mounts Street - Claride Street to Lakeside Drive) is hereby repealed. SECTION 11. That the portion of Resolution No. 024865, passed on May 14, 2002, which imposes assessments and directs filing of proposed assessments is hereby repealed, SECTION 12. That the portion of Resolution No. 024864, passed on May 14, 2002, giving notice of proposed assessments is hereby repealed. SECTION 13. That the City Manager or his designee is hereby authorized to refund without interest any and all assessments related to these projects. SECTION 14. This ordinance releases all liens created by the repealed ordinances and resolutions. The City Secretary shall record a certified copy of this ordinance in the Nueces County Real Property Records. SECTION 15. That personal liability for payment of any of the above mentioned liens against any owner of exempt property is hereby released. SECTION 16. That the preliminary and/or final assessment rolls on all projects mentioned above are hereby repealed in their entirety and are without any force or effect. SECTION 17. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passes and takes effect upon first reading as an emergency measure on this the 19.""- day of October, 2004. ATTEST: Armand~~ City Secretary ,d -,~ ~/J Samuel L. Neal Mayor, City of Corpus Christi APPROVED: II DAY OF OCTOBER, 2004. MARY KAY FISCHER, CITY ATTORNEY By: I. _,,'>rt. ~ ~ John P. Burke, J . , Assistant City Attorney ~ J(lhn"..ordReso\.0rdRl,-pcalOrd Repealing Improvcmcnts,lla 3 Corpus Christi, Texas I -;}...i" Day of 0 d-,&--C...(",,- , 2004 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the ernergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Samuel L. eal, tv'Iayor City of Corpus C Council Members The above ordinance was passed by the following vote: Brent Chesney ~ ~ ~ ~ ~L CS') ((, fut ~RJ oa Sarnuel L. Neal, Jr. Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott )ohn\OrdReso\OrdRepeaIOrd Repealing Improvements.]]a 4 ..)9'J7 CITY OF CORPUS CHRISTI CERTIFICATION OF FUNDS (City Charter Article IV, Sections 7 & 8) I, the Director of Finance of the City of Corpus Christi, Texas (or his/her duly authorized representative), hereby certify to the City Council and other appropriate officer that the money required for the contract, agreement, obligation or expenditure described below is in the Treasury to the credit of the Fund specified below, from which it is to be drawn, and has not been appropriated for any other purpose. City Council Action Date: October 12. 2004 Agenda Item: Ordinance . Repealing Ordinance No, 024703 which imposes Assessments and Fixes Liens on Property Abutting Improvements for Southmoreland Addition Street Phase 3a - Lewis Street Between Richard and Clemmer & 4a - Ramsey Street between Brawner Parkway and Norton Street; Repealing Portions of Resolution No, 024623 Which Determines the Necessity for and Ordering the Improvements to Southmoreland Addition Street Phase 3a - Lewis Street Between Richard and Clemmer & 4a - Ramsey Street Between Brawner Parkway and Norton Street and Which Imposes Assessments and Directs Filing of Proposed Assessments; Repealing Portions of Resolution No, 024624 giving notice of Proposed Assessments: . Repealing Ordinance 024288 which imposes Assessments and Fixes Liens on Property Abutting Improvements for Omaha Drive - IH 37 to Leopard Street; Repealing Portions of Resolution No. 024246 which determines the Necessity For And Ordering The Improvements To Omaha Drive - Ih 37 to Leopard Street and Which Imposes Assessments and Directs Filing of Proposed Assessments; Repealing Portions of Resolution No. 024247 giving notice of Proposed Assessments; . Repealing Ordinance 024729 which imposes Assessments And Fixes Liens On Property Abutting Improvements for Hampshire Road From State Highway 358 to Mcbride Lane; Repealing Portions of Resolution No. 024625 which Determines the Necessity for and Ordering the Improvements to Hampshire Road from State Highway 358 to Mcbride Lane and Which imposes Assessments and Directs Filing of Proposed Assessments; Repealing Portions of Resolution No, 024626 giving notice of Proposed Assessments; . Repealing Ordinance 024927 which imposes Assessments and Fixes Liens on Property Abutting Improvements for Flour Bluff Area Street Improvements Phase 1 (Scotland Street - NAS. Drive to Jane Street)(Webb Street - NAS. Drive to Jane Street)(Claride Street - NAS. Drive to Mounts Street)(Jane Street - Jester Street to Claride Street)(Mounts Street, Claride Street to Lakeside Drive); Repealing Portions of Resolution No, 024865 which Determines the Necessity for and Ordering the Improvements to Flour Bluff Area Street Improvements Phase 1 and which Imposes Assessments and directs filing of Proposed Assessments; Repealing portions of Resolution No. 024864 giving notice of Proposed Assessments; . Repealing Sec 49.21(C.li)(1 ),(4) Code of Ordinances, City of Corpus Christi; Providing for Refunds of all Assessments In these Projects and Release of all Assessment Liens; and Providing for Publication; and Declaring an Emergency, Amount Required: $ 21,073,81 804202 in Fund 1059 as CDBG Street Assessment Refund. Constance is settino un account 540460 Fund Name Fund No. Org. Account Project Amount No. No. No. Street CIP 1059 00000 540460 804202 21,073.81 Total $21,073.81 D Certification Not Required ~ f. C;/~ Direct" of Fico . "~~' Date; 10 /)<-1 , I )<: j,'; I~ ' [Print oiIJ. tl-eEln RaperJ*