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HomeMy WebLinkAbout08357 ORD - 02/08/19672/$/67 a • AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING THAT A PORTION OF OMAHA DRIVE, FROM BALDWIN BOULEVARD TO STATE HIGHWAY A BE IMPROVED; REQUIRING TIE DIRECTOR OF PUBLIC WORKS TO PREPARE AND FILE PLANS AND SPECIFICATIONS FOR THE PROPOSED 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 IMPROVEMENTS 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 STREET 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 IS NECESSARY TO IMPROVE THE FOLLOWING STREET WITHIN THE SAID CITY IN THE MANNER HEREIN PROVIDED, TO -WIT: 1. A PORTION OF THE OMAHA DRIVE, FROM BALDWIN BOULEVARD TO STATE HIGHWAY A4. SECTION 2. THAT IT IS HEREBY ORDERED THAT SAID STREET, WITHIN THE LIMITS ABOVE DESCRIBED, SHALL BE IMPROVED BY RAISING, GRADING, FILLING, WIDENING, PAVING, REPAVING, OR REPAIRING SAME, BY THE CONSTRUCTION, RECON- STRUCTCON, 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: OMAHA DRIVE, 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 8357 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 UNDER, 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 11056, 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 IMPROVE- MENTS COVERING THE TYPE OF PAVEMENTS 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 CONSTRUCTION, RECONSTRUCTION, 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 (30') 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 ONE -HALF (1 /2) OF A THIRTY -FOOT (301) STREET, WHICH SHALL BE ONE (1) FOUR -FOOT (41) WIDE SIDEWALK, CURB AND GUTTER AND THIRTEEN AND ONE -HALF (13 -1/2) FEET OF PAVEMENT WIDTH -2- 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 11 A SIDEWALK IS INSTALLED WHICH IS GREATER THAN FOUR FEET (Iflim 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 (910) 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 -MIT: 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 OR, 2. TWENTY PERCENT (20%) CASH WITHIN TWENTY DAYS AFTER THE COMPLE- TION OF SAID WORK AND ITS ACCEPTANCE BY THE CITY AND TWENTY PERCENT (200) 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 COMPLETION AND ACCEPTANCE BY THE CITY UNTIL PAID AT THE RATE -3- OF 5j 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 IMPROVEMENT] 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 FIST 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 PROVIDED HOWEVER, THAT THE OWNERS OF SAID PROPERTY AVAILING THEMSELVES OF OPTION °P'° OR °3° 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; 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 CONTRACTOR, OR ASSIGNS, THE ENTIRE AMOUNT OF THE ASSESSMENT UPON WHICH SUCH DEFAULT 15 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 ASSESS- MENT FOR STREET IMPROVEMENTS WITHOUTINVALIDATING OR AFFECTING THE ASSESSMENTS 0 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 OMAHA DRIVE, WITHIN THE LIMITS HEREINABOVE DEFINED, AND THE FURTHER FACT THAT THE PRESENT CONDITION OF SAID PORTION OF SAID STREET 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 DATEOF ITS INTRODUC- TION 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 _L_ DAY OF FEBRUARY, 1967. ATTEST: MAYOR- CITY SECRETARY THE CITY OF CORPUS CHRISTI, TEXAS APPR VED AS TO LEGAL FORM THIS DAY OF FE RUARY, 1967: c CITY ATT EY, CORPUS CHRISTI, TEXAS II DAY OF 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 COUNCIL; 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 VOTEa DR. MCIVER FURMAN JACK BLACKMON PATRICK J, DUNNE DR. P. JIMENE2, JR, KEN MCDANIEL BONN I E S I ZEMORE WM. H. WALLACE THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: DR, MCIVER FURMAN JACK BLACKMON./�JJCi ✓7 PATRICK J. DUNNE DR. P. JIMENEZ, JR, KEN MCDANIEL BONN I E S i ZEMORE WM. H. WALLACE • NOTICE HE STATE OF TEXAS j KNOW ALL MEN BY THESE PRESENTS: cova Y OF NUEGfa THAT THE CITY Of CORPUS CHRISTI, TEXAS, ACTING BY AND THROUGH " ITS DULY ELECTED AND CONSTITUTED CITY COUNCIL ON THE 8TH DAY OF FEBRUARY, -1967s, BY ORDINANCE NO. i -v £Em NED THE NECESSITY FOR AND ORDERED THE - IMPROVEMENTS OF A PORTION OF THE STREET WITHIN THE''CITY Of CORPUS CHRISTI HEREIN DESCRIBED AS FOLLOWS: -. rat, - - - - - OMAHA DRIVE FROM BALDWIN,BOULEVARD TO STATE.HIGtiWAY 144, - WITHIN 'THE CITY LIMITS OF THE CITY OF CORPUS CHRISTI, TExABs SAID STREET/" WITHIN THE LIMITS ABOVE DESCRIBED„ TO BE IMPROVED BY RAISING, GRADING, FILLING, WiDENING,.PAVING, REPAVING OR REPAIRING SAME AND BY THE CONSTRUCTION# RE- CONSTRUCTION, REPAIRING OW REPAVING 'SAME AND,aY.THE CONSTRUCTION, ACCON- OTRUCTION, REPAIRING OR REALIGNING CONCRETE SIDEWALKa, CURBS, GUTTERS AND DRIVEWAYS WHERE THE DIRECTOR OF PUBLIC - WORKS - DETERMINES- ADEQUATE - SIDE -- -- _WALKS,- CURBS, CUTTERS, AND DRIVEWAYS. ARE NOT "NOW - INSTALLED ON PROPER- 'GRADE AND LINE, AND BY CONSTRUCTING SUCH STORM. SEWER$ AND DRAINS, IF ::.ANY, TOGETHER WITH ALL OTHER - NECESSARYINCIDENTALS -AND APPURTENANCES, -,ALL AS DEEMED. ADEQUATE BY THE DIRECTOR OF PUBLIC.WGRKS AND AS PROVIDED - FOR IN THE PLANS AND SPECIFICATIONS FOR SUCH IMPROVEMENTS THEREOF AS PREPARED BY SAID DIRECTOR Of PUBLIC CCWORKS. - - THAT ORDINANCE No. PASSED BY .THE "CITY COUNCIL ON -THE - 8TH DAY OF FEBRUARY, 19670 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 20 DAYS AFTER. THE COMPLETION OR - ACCEPTANCE BY THE CITY; OR, - - 2. TWENTY PERCENT (20%) CASH WITHIN TWENTY DAYS AFTER THE -- COMPLETION OF SAID WORK AND ITS.ACCEP'TANCE 8Y_,THE CITY, AND 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 COMPLETION AND ACCEPTANCC YY THE CITY UNTIL PAID AT THE RATE OF 'PER ►NNU11; OR, _ PAYMENTS TO BE M40C IN MAXIMUH OF SIXTY EQUAL IN STAL-LMENTB TmE FIRST OF VHICH SHALL BE 0Aib WITHIH'.TWCMTY (20) DAYS AFTER, THE COMPLETION OF SAID IMPROVEMENTS AND THE ACCEPTANCE THEREOF BY THE CITY, AND THE. BALANCE TO BE PAID IM FIFTY +MINE (59 ) :FanAL CONSECUTIVE MON`YLY INSTALL- - MENTS COMMENCING ON THE IST DAY OF THE NEXT • UCCEEDINO NONTH AND CONTINUING THEREAFTER ON THEIST OAY OF EACH SUCCEEDING MONTH UNTIL THE ENTIRE SUM IS PAIL/ IN FULL TOGETHER VITH INTEREST FROM THE DATE OF SAID COMPLETION ' AND ACCEPTANCE BY THE CITY, .UNTIL PAID, AT THE RATE OF 5% PER ANNUM; PROVIDED,, HOWEVER, THAT THE OWRERS OF SA 10 G iROP OR ��" ABOVE f .SHALL HAVE THE -- PRIVILEGE pP.PAYING ON9p OR ALL, OF SUCH INSTALLMENTS AT _ANY '11ME:BEFORE MATURITY THEREOF BY PAYINO -THE TOTAL AMOUNT OF PRINCIPAL DUES TOGETHER. WITH INTEREST ACCRUEDp TO THE_OATE Or�PAYMENT. AND SAID ORD1. VANCE FURTHER PROVIDED THAT THE AMOUVT9 PAYABLE BY THE ABUTTING PROPERTY,I AND. THE REAL AND TRUE OWN09,THEREOF, TO BE A813EX3ED AGAINST SAID PROPERTY AND SAID TRUE OWNERO 4 THEREOF SHALL CONSTITUTE A FIRpT AND PRIOR LIEN ON SUCH ABUTTING PROPERTY AMD A PERSONAL LIABILITY OF .THE REAL AND TRUE OWNERS THEREOF. . THEREFORE, THE CITY OF CORPUS CHRISTI, TEXAS, HAS_CAUSED THIS , NOTICE TO BE. FILED 0Y T. RAY M ING, CITY SECRETARY, AND THE OFFICIAL SEAL' OF THE CITY TO BE HERETO AFFIXED THIS THE DAY OF FEBRUARY, 1967• CITY! OF COO" CHRIST! By -. - .RAY KRING - - - CITY SECRETARY Li 21 1'71 N O T I C E THE STATE OF TEXAS Q KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES Q THAT THE CITY OF CORPUS CHRISTI, TEXAS, ACTING BY AND THROUGH ITS DULY ELECTED AND CONSTITUTED CITY COUNCIL ON THE 8TH DAY OF FEBRUARY, 1967, BY ORDINANCE N0. 835 DETERMINED THE NECESSITY FOR AND ORDERED THE IMPROVEMENTS OF A PORTION OF THE STREET WITHIN THE CITY OF CORPUS CHRISTI HEREIN DESCRIBED AS FOLLOWS: OMAHA DRIVE FROM BALDWIN BOULEVARD TO STATE HIGHWAY 04, WITHIN THE CITY LIMITS OF THE CITY OF CORPUS CHRISTI, TEXAS, SAID STREET, WITHIN THE LIMITS ABOVE DESCRIBED, TO BE IMPROVED BY RAISING, GRADING, FILLING, WIDENING, PAVING, REPAVING OR REPAIRING SAME AND BY THE CONSTRUCTION, RE- CONSTRUCTION, REPAIRING OR REPAVING SAME AND BY THE CONSTRUCTION, RECON- STRUCTION, 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 LINE, 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 SPECIFICATIONS FOR SUCH IMPROVEMENTS THEREOF AS PREPARED BY SAID DIRECTOR OF PUBLIC WORKS. THAT ORDINANCE NO. 8358 , PASSED BY THE CITY COUNCIL ON THE 8TH DAY OF FEBRUARY, 1967, 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 20 DAYS AFTER THE COMPLETION OR ACCEPTANCE BY THE CITY OR, Z. TWENTY PERCENT (20%) CASH WITHIN TWENTY DAYS AFTER THE COMPLETION OF SAID WORK AND ITS ACCEPTANCE BY THE CITY, AND ZOp RESPECTIVELY ON OR BEFORE ONE YEAR, TWO YEARS, THREE YEARS AND FOUR YEARS AFTER THE COMPLETION OF SAID DEED RECORDS V0LU94 PAGE 49"u ) 2-1 172 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 INSTALLMENTS 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 INSTALL- MENTS COMMENCING ON THE 1ST DAY OF THE NEXT SUCCEEDING MONTH AND CONTINUING THEREAFTER ON THE 15T 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 5% PER ANNUM PROVIDED, HOWEVER, THAT THE OWNERS OF SAID PROPERTY AVAILING THEMSELVES OF OPTION °Z" OR "3" 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'ORDI- NANCE 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 ABUTTING 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 SECRET AR AND THE OFFICIAL SEAL OF THE CITY TO BE HERETO AFFIXED THIS THE FEBRUARY, 1967. CITY OF CORPUS 9 AISTI BY VI,,",, J ` RAY R N CITY SECRE RY -2- DEED RECORDS voLii94 PACE424 21 173 TB1 STATE OF TEXAS COUN17 OF NUECES BEFORE ME, the undersigned authority, on this day personally appeared T. RAY KRING, City Secretary of the City of Corpus Christi, knmlm to me to be the person whose name is subscribed to the foregoing instrument as City Secretary of the City of Corpus Christi, and ackn(nTledged to me that he signed the same in his capacity as such City Secretary for the purposes and consideration 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_Y__day of February, 1967, DEED RECORDS VOL1194 PACE 425 Notary Public in and for Nueces County, p Texas =. -DNA MEADOR •. RDhW Publlq In and for Nueces Coumy, TexeA ,U F7 DEED RECORDS VOL1194 PACE 425