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HomeMy WebLinkAbout08189 ORD - 09/28/1966I_ VMP:9/28/66 AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING THAT A PORTION OF THE SOUTH LANE OF BRAWNER PARKWAY, FROM CARROLL LANE TO DAKIN PLACE; WILLOW STREET, FROM 150 FEET SOUTH OF HARRIS DRIVE TO THE SOUTH LANE OF BRAWNER PARKWAY; AND PECAN STREET, FROM WILLOW STREET TO CARROLL LANE BE IMPROVED; REQUIRING THE DIRECTOR OF PUBLIC WORKS TO PREPARE AND FILE PLANS AND SPECIFICATIONS FOR THE PRO - POSED IMPROVEMENTS; REQUIRING THE CITY SECRETARY TO FILE A NOTICE IN THE OFFICE OF THE COUNTY CLERK OF NUECES COUNTY OF THE ACTION HEREIN; PROVIDING HOW SUCH IMPROVE- MENTS SHALL BE PAID; AND DECLARING AN EMERGENCY. WHEREAS, THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, HAS DETERMINED THE NECESSITY FOR, AND HAS DECIDED TO IMPROVE THE HEREIN AFTER NAMED STREETS WITHIN THE CITY OF CORPUS CHRISTI, IN THE MANNER HEREIN - PROVIDED: , NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: - SECTION 1. THAT THERE EXISTS A PUBLIC NECESSITY FOR, AND THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, DOES HEREBY DETERMINE THAT IT ' f ' IS NECESSARY TO IMPROVE THE FOLLOWING,STREETS WITHIN THE SAID CITY IN THE / MANNER HEREIN PROVIDED, TO -WIT: 1. A PORTION OF THE SOUTH LANE OF BRAWNER PARKWAY, FROM CARROLL LANE TO DAKIN PLACE; + ' 2. A PORTION OF WILLOW STREET FROM 150 FEET SOUTH OF HARRIS DRIVE, TO THE SOUTH LANE OF BRAWNER PARKWAY; AND .S 3. A PORTION OF PECAN STREET FROM WILLOW STREET TO CARROLL LANE. SECTION 2. THAT IT IS HEREBY ORDERED THAT SAID STREETS, WITHIN THE LIMITS ABOVE DESCRIBED, SHALL BE IMPROVED BY RAISING, GRADING, FILLING, WIDENING, PAVING, REPAVING, OR REPAIRING SAME, BY THE CONSTRUCTION, RECON- STRUCTION, REPAIRING OR REALIGNING CONCRETE SIDEWALKS, CURBS, GUTTERS AND DRIVEWAYS WHERE THE DIRECTOR OF PUBLIC WORKS DETERMINES ADEQUATE SIDEWALKS, CURBS, GUTTERS AND DRIVEWAYS ARE NOT NOW INSTALLED ON PROPER GRADE AND LINE, AND BY CONSTRUCTING SUCH STORM SEWERS AND DRAINS, TOGETHER WITH ALL OTHER ' INCIDENTALS AND APPURTENANCES, ALL AS DEEMED ADEQUATE BY THE DIRECTOR OF " PUBLIC WORKS AND AS PROVIDED FOR IN THE PLANS AND SPECIFICATIONS FOR SUCH IMPROVEMENTS TO BE PREPARED BY SAID DIRECTOR OF PUBLIC WORKS, SAID STREETS ' TO BE PAVED AS FOLLOWS: , t y 819 :i THE SOUTH LANE OF BRAWNER PARKWAY, WILLOW STREET AND PECAN STREETS WITHIN THE LIMITS HEREINABOVE DEFINED IS TO BE IMPROVED WITH THE CONSTRUCTION OF PAVEMENT, SIDEWALKS, CURBS, GUTTERS> INLETS AND DRIVEWAYS AND SUCH OTHER INCIDENTALS AND APPURTENANCES AS SHOWN ON THE PLANS AND SPECIFICATIONS FOR SUCH IMPROVEMENTS ON FILE IN THE OFFICE OF THE CITY ENGINEER. SECTION 3. IN PROVIDING FOR AND MAKING SUCH IMPROVEMENTS, THE CITY COUNCIL HEREBY DETERMINED TO PROCEED UNDER5 AND IN THE EXERCISE OF, THE POWERS, TERMS AND PROVISIONS OF THE CHARTER OF THE CITY OF CORPUS CHRISTI: TEXAS AND AS SET OUT IN ARTICLE 11058, REVISED CIVIL STATUTES OF TEXAS 1925, AS AMENDED. SECTION 4. THE DIRECTOR OF PUBLIC WORKS FOR THE CITY OF CORPUS CHRISTI, TEXAS, IS HEREBY DIRECTED TO PREPARE FORTHWITH AND FILE WITH THE CITY COUNCIL COMPLETE PLANS AND SPECIFICATIONS FOR SUCH PROPOSED IMPROVEMENTS COVER- ING THE TYPE OF PAVEMENT, SIDEWALKS, CURBS GUTTERS AND DRIVEWAYS, AND OTHER INCIDENTALS AND APPURTENANCES HEREINABOVE SET FORTH. SECTION 5. THE COST OF SAID IMPROVEMENTS SHALL BE PAID AS FOLLOWS: A. THE CITY OF CORPUS CHRISTI SHALL PAY THE WHOLE COSTS OF CONSTRUCTIONS RECONSTRUCTIONS OR REPAIR OF THE CURBS GUTTERS SIDEWALKS AND DRIVEWAYS WITHIN THE INTERSECTION OF SAID STREET WITH OTHER STREETS AND ALLEYS, THE WHOLE COST OF CONSTRUCTION OF STORM SEWERS AND APPURTENANCES THEREOF, IF ANY, AND SHALL PAY NOT LESS THAN ONE -TENTH OF THE TOTAL REMAINING COST OF SAID IMPROVEMENTS EXCLUSIVE OF THE COST OF THE SIDEWALKS, CURBS, GUTTERS AND DRIVEWAYS IN FRONT OF THE RESPECTIVE PROPERTIES ABUTTING SAID STREET. B. PROPERTY OWNERS WHOSE ABUTTING PROPERTY IS ZONED FOR ONE OR TWO- FAMILY DWELLING UNITS AND NOT USED FOR BUSINESS AND WHOSE PROPERTY ABUTS UPON A STREET WHICH WILL HAVE A WIDTH OF THIRTY FEET (30t) OR MORE FROM FACE TO FACE OF CURB SHALL BE ASSESSED THE ENTIRE COST OF DRIVEWAYS AND SHALL BE ASSESSED EIGHTY PERCENT (80 %) OF THE COST OF IMPROVEMENTS ON THEIR -z- ONE -HALF (1/2) OF A THIRTY-FOOT (30') STREET, WHICH SHALL BE ONE (1) FOUR -FOOT (Yt) WIDE SIDEWALK, CURB AND GUTTER AND THIRTEEN AND ONE -HALF (13 -1/2) FEET OF PAVEMENT WIDTH ABUTTING THE PROPERTY. THE CALCULATIONS SHALL BE BASED ON APPLYING THE UNIT PRICES OBTAINED BY BIDS AND CALCULATING THE QUANTITIES FOR THE IMPROVEMENTS ABUTTING THE PROPERTY. IN THE EVENT THAT A SIDEWALK IS INSTALLED WHICH IS GREATER THAN FOUR FEET (41) IN WIDTHS THE PROPERTY OWNER SHALL PAY ONE HUNDRED PERCENT (100%) OF THE COST OF THAT PORTION THAT EXCEEDS FOUR FEET (41) IN WIDTH. C. THE TOTAL COSTS TO BE ASSESSED AGAINST AND PAID BY ABUTTING PROPERTY, AND THE REAL AND TRUE OWNERS THEREOF, SHALL NOT IN ANY CASE EXCEED NINE- TENTHS (9/10) OF THE TOTAL COST OF SAID IMPROVEMENTS INCLUSIVE OF THE COST OF CURBS, GUTTERS, SIDE- WALKS AND DRIVEWAYS. HOWEVER NO ASSESSMENT WILL BE MADE FOR SIDEWALKS CURBS GUTTERS AND DRIVEWAYS ON THE SAID STREETS WHICH ARE NOW DEEMED ADEQUATE BY THE DIRECTOR OF PUBLIC WORKS. SECTION 6. THE AMOUNT PAYABLE BY THE ABUTTING PROPERTY, AND THE REAL AND TRUE OWNERS THEREOF, SHALL BE ASSESSED AGAINST SUCH PROPERTY AND THE REAL AND TRUE OWNERS THEREOF, AND SHALL CONSTITUTE A FIRST AND PRIOR LIEN UPON SUCH PROPERTY AND A PERSONAL LIABILITY OF THE REAL AND TRUE OWNERS THEREOF AND SHALL BE PAYABLE AS FOLLOWS, TO -WIT: THAT SAID ASSESSMENT SHALL BE PAYABLE BY THE OWNERS OF SAID ABUTTING PROPERTY IN ONE OF THE FOLLOWING METHODS AT THE OPTION OF THE PROPERTY OWNER: 1. ALL IN CASH WITHIN 20 DAYS AFTER THE COMPLETION OR ACCEPTANCE BY THE CITY; ORS 2. TWENTY PERCENT (20 %) CASH WITHIN TWENTY DAYS AFTER THE COMPLE- TION OF SAID WORK AND ITS ACCEPTANCE BY THE CITY, AND TWENTY PERCENT (20 %) RESPECTIVELY ON OR BEFORE ONE YEAR, TWO YEARS, THREE YEARS AND FOUR YEARS AFTER THE COMPLETION OF SAID WORK AND ITS ACCEPTANCE BY THE CITY, WITH INTEREST FROM DAY OF SUCH -3- COMPLETION AND ACCEPTANCE BY THE CITY UNTIL PAID AT THE RATE OF 5% PER ANNUM; ORS 3. PAYMENTS TO BE MADE IN MAXIMUM OF SIXTY (60) EQUAL INSTALL- MENTS, THE FIRST OF WHICH SHALL BE PAID WITHIN TWENTY (20) DAYS AFTER THE COMPLETION OF SAID IMPROVEMENTS AND THE ACCEPTANCE THEREOF BY THE CITY, AND THE BALANCE TO BE PAID IN FIFTY -NINE (59) OR LESS EQUAL CONSECUTIVE MONTHLY INSTALL- MENTS COMMENCING ON THE 'IST DAY OF THE NEXT SUCCEEDING MONTH AND CONTINUING THEREAFTER ON THE IST•DAY OF EACH SUCCEEDING MONTH UNTIL THE ENTIRE SUM IS PAID IN FULLS TOGETHER WITH INTEREST FROM THE DATE OF SAID COMPLETION AND ACCEPTANCE BY THE CITY UNTIL PAID, AT THE RATE OF FIVE (5) PERCENT PER ANNUM; PROVIDED HOWEVER, THAT THE OWNERS OF SAID PROPERTY AVAILING THEMSELVES OF OPTION "2" OR "Y ABOVE SHALL HAVE THE PRIVILEGE OF PAYING ONE, OR ALLY 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; FURTHER, THAT IF DEFAULT BE MADE IN PAYMENT OF ANY OF SAID INSTALLMENTS OF PRINCIPAL OR INTEREST, PROMPTLY, AS SAME MATURES, THEN AT THE OPTION OF THE CONTRACTORS OR ASSIGNS THE ENTIRE AMOUNT OF THE ASSESSMENTr UPON WHICH SUCH DEFAULT IS MADE SHALL BE AND BECOME IMMEDIATELY DUE AND PAYABLE TOGETHER WITH REASONABLE ATTORNEYS FEES AND COLLECTION COSTS, IF INCURRED; HOWEVER, IT IS SPECIFICALLY STIPULATED AND PROVIDED THAT NO ASSESSMENT SHALL IN ANY CASE BE MADE AGAINST ANY PROPERTY, OR THE REAL AND TRUE OWNERS THEREOF IN EXCESS OF THE SPECIAL BENEFITS TO ACCRUE TO SUCH PROPERTY IN THE ENHANCED VALUE THEREOF RESULTING FROM SAID IMPROVEMENTS. SECTION 7. IT IS FURTHER PROVIDED AS IS STIPULATED BY THE PROVI- SIONS OF SAID CHARTER AND LAWS ABOVE IDENTIFIED THAT SAID IMPROVEMENTS MAY BE OMITTED IN FRONT OF ANY PROPERTY EXEMPT FROM THE LIEN OF SPECIAL ASSES- SMENT FOR STREET IMPROVEMENTS WITHOUT INVALIDATING OR AFFECTING THE ASSES- MENTS 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 SAID CITY OF THE ACTION TAKEN HEREIN AND TO HAVE SAME FILED BY THE COUNTY CLERK OF NUECES COUNTY, TEXAS, AMONG THE MORTGAGE RECORDS OF SAID COUNTY. SECTION 8. THE FACT THAT THERE IS BADLY NEEDED AT THIS TIME PERMA- NENT STREET IMPROVEMENTS ON BRAWNER PARKWAY, WILLOW STREET AND PECAN STREET, WITHIN THE LIMITS HEREINABOVE DEFINED, AND THE FURTHER FACT THAT THE PRESENT CONDITION OF SAID PORTION OF SAID STREETS IS DANGEROUS TO THE HEALTH AND PUBLIC WELFARE OF THE INHABITANTS OF THE CITY OF CORPUS CHRISTI, DUE TO THE CONDITIONS AND INCREASE OF TRAFFIC ALONG SAID PORTION OF SAID STREET CREATES A PUBLIC EMERGENCY AND PUBLIC IMPERATIVE NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR, HAVING DECLARED THAT SUCH EMERGENCY AND NECESSITY EXIST, HAVING REQUESTED THAT SUCH CHARTER RULE BE SUSPENDED AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE DAY OF SEPTEMBER, 1966. ATTEST: e", CITY SECRETARY APPR VE 9 AS TO LEGAL FORM TH THE r DAY OF SEPTENEIER, 1966: CITY ATTO'RN MAYOR THE CITY OF CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS r/i i•7 DAY OF 1 9z_� TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN -THE EMERGENCY CLAUSE OF THE FORE- GOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCILS I, THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRO - DUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, MAYOR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: DR. MCIVER FURMAN JACK BLACKMON PATRICK J. DUNNE DR. P. JIMENEZ, JR. / KEN MCDANIEL / RONNIE SIZEMORE WM. H. WALLACE THE ABOVE ORDINANCE WAS PASSED BY THE FOL /LOWING VOTEe DR. MCIVER FURMAN V/ JACK BLACKMON PATRICK J. DUNNE X DR. P. JIMENEZ, JR. KEN MCDANIELx RONNIE SIZEMORE I/ WM. H. WALLACE VMPb9I2TI� it NQTiCE THE STATE OF TEXAS KNOW ALL ,MEN BY THESE PRESENTS: COUNTY, OF NUECES THAT THE CITY OF CORPUS CHRISTI Temp ACTING SY AND THROUGH IT$ DULY ELECTED AND CONSTITUTED CITY COUNCIL ON THE 28TH DAY OF SEPTEMBER, SY ORDINANCC NO.` 8t89 DETERMINED THE NECESSITY FOR'lNO ORDERED THE ' IMPROVEMENTS OF A PORTION OF THE STREET WITHIN THE CITY OF CORPUS CHRISTI a .HEREIN DEECRISED A$ FOLLOWSb A PORTION OF THE SOUTH LANE OF SRA4INER PARKWAY FROM - CARROLL LANE TO DARIN PLACE; WILLOW STREET FROM 150 v „ FEET SOUTH OF HARRIS DRIVE TO THE SOUTH LANE OF - B,RAWNER PARKWAY,'AND PECAN STREET FROM WILLOW STREET TO CARROLL LANE, - WITHIN THC CITY LIMITS OF THE CITY OF CORPUS CHRISTI, Titus, SIAID STREET, WITHIN THE LIMITS ABOVE DESCRISEO, TO BE IMPROVED SY RAISING, QRAOINO, FILL- ING, WIOEMiMG, PAVING, RCPAVINtt OR•REPAIRING SAME AND BY THE CONSTRUCTION, RECONSTRUCTION, RCPAIRING OR RCALIGIIING CONCRETE SIDEWALKS, CURBS, GUTTERS ' AND DRIVEWAYS WHERE'THE DtRECTpR,Qi,PUbLIC WORKS DETERMINES ADEQUATE woe* WALKS, CURBS, GUTTERS AND DRIVEWAYS ARE NOT HOW INSTALLED ON PROPER GRADE AND LINE, AND by CONSTRUCTINQ SUCH 07D614 SEWERS AND DRAINS, IF AHY, TOGETHER . WITH ALL OTHER,NECESSARY INCIDENTALS AND APPURTENANCES, ALL AS DEENED,ADEQUATE BY THE DIRECTOR OP PUBLIC WORKS AND AS PROVIDED FOR IN THE PLANS AND SPECIrl- CATIONS FGR SIUCN'IMPROVEMENTS TNERCOF At PREPARED BY MID DIRECTOR OF PUBLIC WORKS. THAT ORDINANCE HWO PASSED eY THE CITY COUNCIL ON THE 28TH DAY OF SEPTEMBER, lqg, PROVIDED THAT THE AMOUNTS PAYASL4 SY THE REAL AND TRUE OWHERS OF SAID ABUTTING PROPERTY SHALL BE PAID AND DECOKE PAYABLE IN ONE OF THE - FOLLOWING METHODS AT THE OPTION OF THE PROPERTY OWNEIib'.., �. ALL IN 0311 WITHIN 2FI DAYS AFTER THE 4ONPLETION,OR ACCEPTANCE BY THE CITY; OR, . ~ 2. TWENTY PERCENT (20,%) CASH WI till N•TWENTY DAYS AFTER THE SX COMPLETION OF SAID WORN AND ITS ACCEPTANCE SY THE CITY} AND 20% RESPECtiHELY ON OR SEFORC ONE'YEAR, TWO YEARS, } THREE YEARS AND FOUR, YEARS AFT4111 THE COMPLETION OF SAID WORK AND 1T& ACCEPTANCE•BY THE CITY, WITH INTEREST "c PROM DAY OF SUCH COMPLETION AND ACCEPTANCE BY THE CITY_ i 'W UNTIL PAID AT THE RATE OF 5�i PER ANNUM] OR, 4 3i PAYMENTS TO BE MADE IN;NAXIMUN CF SIXTY (60) EQUAL (H$7AL!— MENTS THE FIRST OF,WHICH *HALL BE PAID WITHIN TWENTY (20) DAYS AFTER THE COMPLETION OF SAID INPROVEHENT,4 AND TILE ,. ACCEPTANCE THEREOFB.Y THE CITY, AND THE BALANCE TO BE PAID IN FIFTY -NINE �rr9r ECUA1, CONSECUTIVE MONTHLY INSTALLMENTS COMMENCING QN THE ,,IST DAY OF,THC NEXT SUCCEEDINO MONTH AND CONTINUING THEREAFTER ON THE tST DAY OF EACH SUCCEEDING MONTH- UNT11. THE ENTIRE $UM S& PAID IN FULLY TOGETHER WITH 'INTEREST. FROM THE DATE OF SAID COMPLETION AND ACCEPTANCE BY THE CITY,` UNTIL PAID, AT THE RATE OF FIVE (gJ PERCENT PER ANNUM) PItD- , VIDED, HOWEVER;, *NAT THE QWMERS OF SAID PROPERTY AVAILING THEMSELVES OF OfYI,ON "2" OR "3" ABOVE SHALL HAVC THE PRIVILEIIE OF PAYING ONE, OR ALL, OF SUCH INSTALLMENTS AT ANY TIME 1EFORE.' MATURITY THEREOF BY PAYING THE TOTAL AMOUNT QF PRINCIPAL QUEO , TOGETHER WITH INTEREST ACCRUE00.TO THE PATE OF MYMEMy# AND .- SAID ORDINANCE FURTHER PROVIDED THAT THE AMOUNT& PAYABLE BY ' THE ABUTTING PROPERTY, AND THE REAL AND TRUE OWNERS THEREOF, TO BE ASSES$EO AGAINST .*AID PROPERTY AND SAID TRUE OWNERS ' THEREOF SHALL CONSTITUTE A FIRST AND PRIOR Li EN ON *USH ABUTS TING OROPERTY AND A PERSONAL LIABILITY OF THE REAL AND TRUE OWNER$ THEREQF4 , THEREFORE, THE CITY OF CORPUS CHRISTI, TEXAS) HAS CAUSED THIS NOTICE TO BC FILED BY Ts RAY KR1NO, CITY SECRETARY, AND THE OFFICIAL SEAL OF T$c'CITY TO ME HERETD AFFIXED THii THE DAY QF SEPTEMDC #j #Wr, ' ' CITY OF CORPUS CHRIST{ 6YCITY SECRETARY. , - . THE STATE OP TEXAS -- COUNTY OF NUECES I' BEFQRB NE, THt UNDF144160E0 AUTHORITY, ON THIS DAY PERSONALLY APPEANED " T. RAY KRING, CITY SECRETARY OF THE 'CITY OF CORPUS WRI$Ti f KNOWN TO NC to at THE PERlQK WHose MANE It SUBSCRIfE(f TO THE FOREOOINO' INiTRUNENT All CITY SEG- RETARY OF THf , CITY OP CORPUS CHRISTI, AND ACKNOWLEOGEO TO HE THAT HE SIGNItO THE $A149 IH'HIS CAPACITY At SUCH CITY SECRETARY FOR 'TIiE PUAPOSF,S ANO CQN$IDER•- ATION TNlrRB11i EXPRESSED, ANO A$ Tlit ACT AND DEED OF SA #D CITY OF CORPUS CHRISTI, TEKAsr GIVEN UNDER MY HAIR AND SEAL OF OFFICE, THIS THE " DAY DF SEPTEMBER, f.. NOTARY PUBLIC IN AND FOR WOMS COUNTY$ TExA* vMP:9/2V66 71986'7 N 0 T i C E' 4 1892 THE STATE OF TEXAS I I KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES ➢ THAT THE CITY OF CORPUS CHRISTI TEXAS, ACTING BY AND THROUGH ITS DULY ELECTED AND CONSTITUTED CITY COUNCIL ON THE 28TH DAY OF SEPTEMBER, 1966, BY ORDINANCE N0. '0 ,U�/ DETERMINED THE NECESSITY FOR AND ORDERED THE IMPROVEMENTS OF A PORTION OF THE STREET WITHIN THE CITY OF CORPUS CHRISTI HEREIN DESCRIBED AS FOLLOWS: A PORTION OF THE SOUTH LANE OF BRAWNER PARKWAY FROM CARROLL LANE TO DAKIN PLACE; WILLOW STREET FROM 150 FEET SOUTH OF HARRIS DRIVE TO THE SOUTH LANE OF BRAWNER PARKWAY, AND PECAN STREET FROM WILLOW STREET TO CARROLL LANE WITHIN THE CITY LIMITS OF THE CITY OF CORPUS CHRISTI TEXAS SAID STREET WITHIN THE LIMITS ABOVE DESCRIBED, TO BE IMPROVED BY RAISING, GRADING FILL- ING, WIDENING, PAVING, REPAVING OR REPAIRING SAME AND BY THE CONSTRUCTION, RECONSTRUCTION, REPAIRING OR REALIGNING CONCRETE SIDEWALKS, CURBS, GUTTERS AND DRIVEWAYS WHERE THE DIRECTOR OF PUBLIC WORKS DETERMINES ADEQUATE SIDE- WALKS, CURBS, GUTTERS AND DRIVEWAYS ARE NOT NOW INSTALLED ON PROPER GRADE AND LINES AND BY CONSTRUCTING SUCH STORM SEWERS AND DRAINS, IF ANY, TOGETHER WITH ALL OTHER NECESSARY INCIDENTALS AND APPURTENANCES ALL AS DEEMED ADEQUATE BY THE DIRECTOR OF PUBLIC WORKS AND AS PROVIDED FOR IN THE PLANS AND SPECIFI- CATIONS FOR SUCH IMPROVEMENTS THEREOF AS PREPARED BY SAID DIRECTOR OF PUBLIC WORKS. t THAT ORDINANCE NO. Q PASSED BY THE CITY COUNCIL ON THE 28TH DAY OF SEPTEMBERS 1966} 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: t 1. ALL IN CASH WITHIN 20 DAYS AFTER THE COMPLETION OR ACCEPTANCE e BY THE CITY; ORS 2. TWENTY PERCENT (20%) CASH WITHIN TWENTY DAYS AFTER THE COMPLETION OF SAID WORK AND ITS ACCEPTANCE BY THE CITY, a AND 20% RESPECTIVELY ON OR BEFORE ONE YEAR, TWO YEARS THREE YEARS AND FOUR YEARS AFTER THE COMPLETION OF SAID DEED WORDS DEED OF TR'.!ST RECORDS ' t � VOI.aa dl hh l� pw5_1B �0�1028 PAGE .,� 4 1893 WORK AND ITS ACCEPTANCE BY THE CITY, WITH INTEREST FROM DAY OF SUCH COMPLETION AND ACCEPTANCE BY THE CITY UNTIL PAID AT THE RATE OF 5% PER ANNUM; OR, 3. PAYMENTS TO BE MADE IN MAXIMUM OF SIXTY (60) EQUAL INSTALL- MENTS THE FIRST OF WHICH SHALL BE PAID WITHIN TWENTY (20) DAYS AFTER THE COMPLETION OF SAID IMPROVEMENT, AND THE ACCEPTANCE THEREOF BY THE CITY, AND THE BALANCE TO BE PAID IN FIFTY -NINE (59) EQUAL CONSECUTIVE MONTHLY INSTALLMENTS COMMENCING ON THE 1ST DAY OF THE NEXT SUCCEEDING MONTH AND CONTINUING THEREAFTER ON THE 1ST DAY OF EACH 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 FIVE (5) PERCENT PER ANNUM; PRO- VIDED, HOWEVER, THAT THE OWNERS OF SAID PROPERTY AVAILING THEMSELVES OF OPTION "21' OR "Y ABOVE 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. AND SAID ORDINANCE FURTHER PROVIDED THAT THE AMOUNTS PAYABLE BY THE ABUTTING PROPERTY, AND THE REAL AND TRUE OWNERS THEREOF, TO BE ASSESSED AGAINST SAID PROPERTY AND SAID TRUE OWNERS THEREOF SHALL CONSTITUTE A FIRST AND PRIOR LIEN ON SUCH ABUT- TING PROPERTY AND A PERSONAL LIABILITY OF THE REAL AND TRUE OWNERS THEREOF. THEREFORE, THE CITY OF CORPUS CHRISTI, TEXAS, HAS CAUSED THIS NOTICE TO BE FILED BY T. RAY KRING, CITY SECRETARY, AND THE OFFICIAL SEAL OF THE CITY TO BE HERETO AFFIXED THIS THE-M 0 DAY OF SEPTEMBER, 1966. CITY OF CORPUS CH STI BY ` CIT ECRETA Y -2- DEED RECORDS DEED OF TRUST RECORDS VOL117 2 PAGE51�7 n voL1028 PAGE 24 1 ol THE STATE OF TEXAS 4 �89g COUNTY OF NUECES BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED T. RAY KRING, CITY SECRETARY OF THE CITY OF CORPUS CHRISTI, KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT AS CITY SEC- RETARY OF THE CITY OF CORPUS CHRISTI, AND ACKNOWLEDGED TO ME THAT HE SIGNED THE SAME IN HIS CAPACITY AS SUCH CITY SECRETARY FOR THE PURPOSES AND CONSIDER- ATION THEREIN EXPRESSED, AND AS THE ACT AND DEED OF SAID CITY OF CORPUS CHRISTI, TEXAS. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE Sr f AY O SEPTEMBER, 1966. NOTARY PUBLIC IN AND FOR NUECES COUNTY, TEXAS EDNA MEADOR texas M*q Rlbllc, in and for Nueces County. r t DEED RECORDS • DEED OF TRUST RECCRDS VOL1172 PA6E520 VOL1028 PACE 25 DEED RECORDS • DEED OF TRUST RECCRDS VOL1172 PA6E520 VOL1028 PACE 25