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HomeMy WebLinkAbout09754 ORD - 05/20/1970BJW :5/20/70 AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF THE FOLLOWING STREET IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS: SOUTH ALAMEDA STREET, FROM OCEAN DRIVE TO MONTCLAIR DRIVE; REQUIRING THE DIRECTOR OF PUBLIC WORKS TO PREPARE AND FILE PLANS AND SPECIFICATIONS; REQUIR- ING THE CITY SECRETARY TO FILE A NOTICE IN THE OFFICE OF THE COUNTY CLERK, NUECES COUNTY, TEXAS, OF THE ACTION HEREIN; PROVIDING HOW SUCH IMPROVE- MENTS SHALL BE PAID, AND DECLARING AN EMERGENCY. WHEREAS, THE CITY OF CORPUS CHRISTI DEEMS IT NECESSARY TO PERMA- NENTLY IMPROVE THE HEREINAFTER NAMED STREETS WITHIN THE CITY OF CORPUS CHRISTI: } NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE FOLLOWING STREET: SOUTH ALAMEDA STREET FROM OCEAN DRIVE TO MONTCLAIR DRIVE, SHALL BE IMPROVED BY RAISING, GRADING, FILL- ING, WIDENING, PAVING, REPAVING OR REPAIRING SAME, BY THE CONSTRUCTION, RE- CONSTRUCTION, 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, 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 STREET TO BE PAVED AND CURBS AND GUTTERS AND SIDEWALKS INSTALLED AS FOLLOWS: THE PROJECT IS TO BE CONSTRUCTED BY EXCAVATING TO A WIDTH AND DEPTH TO PERMIT THE LAYING OF STANDARD E)', CURB AND GUTTER SECTION, AND THE INSTALLA- TION OF A PAVEMENT CONSISTING OF 11" OF LIME STABILIZED BASE, 3 -1/4" OF TYPE "B° ASPHALTIC CONCRETE, AND 1 -1/2" OF TYPE "D° ASPHALTIC CONCRETE SUR- FACE, FOR A TOTAL ROADWAY WIDTH VARYING FROM 45' TO 61,, MEASURED FROM THE BACK OF THE CURBS. ALSO TO BE CONSTRUCTED ON THIS PROJECT ARE REINFORCED CONCRETC SIDEWALKS 5° WIDE AND �" THICK TIED TO T14F_ CURB, AS WELL AS 41 WIDE SIDEWALKS 4" THICK, CONCRETE DRIVEWAYS WHERE NEEDED AND AS REQUIRED BY PROPERTY OWNERS, AND STORM SEVERS TO PROPERLY DRAIN 7HE STREET. m. SCCT1014 2. THAT THE COST Or SAID IHPRUVEHLNTS SHALL DE ASsrssCU AGAINST ADJOINING PROPERTY AND PAID FOR AS FOLLOWS EO -WIT; A. THE COST OF IMPROVING SO MUCH OF SAID STRCCTSAND THEIR INTER- SECTIONS WITH OTHER STREETS AND ALLEYS AS IS OCCUPIED BY THE RAILS AND TRACKS OF STREET RAILWAYS AND STEAM RAII.WAYS� IF ANY OCCUPYING SAID STRCCTS� AND BETWEEN THE SAME AND TWO (2) FEET ON THE OUTSIDE THEREOF SHALL BE PAID BY THE OWNERS OF SAID RAILWAYS RESPECTIVELY. B. THE CITY OF CORPUS CHRISTI SHALL PAY ALL OTHER COSTS PLUS COSTS OF INTERSECTIONS, STORM SEWERS MEDIANS, AND TURN LANES: AND PARTIALLY ADJUSTED FRONTAGES ON PROPERTY EXCEPT SO HUCH THEREOF AS SHALL BE BORNE BY STREET RAILWAYS AND STEAM RAILWAYS, AS PROVIDED IN SUBSECTION A, AND ALSO THE CITY SHALL PAY THE BALANCE OF THE COST OVER AND ABOVE. THE COST ASSESSED AGAINST THE ABUTTING PROPERTY AND PROPERTY OWNER PROVIDED IN SUBSECTION C. C. THAT AFTER DEDUCTING THE PROPORTION OF THE COST PROVIDED FOR IN SAID SUBSECTIONS A AND B ABOVE THE WHOLE REMAINING COSTS INCLUDING THE COST OF CONCRETE CURDS AND GUTTERS, DRIVEWAYS, AND SIDEWALKS SHALL BE ASSESSED AGAINST ADJOINING PROPERTY AND PAID BY THE OWNERS OF PROPERTY ABUTTING ON SAID STREET TO BE PAVED, IN THE FOLLOWING MANNER, TO -WIT: D. IMPROVEMENTS - STREETS SHALL CONTAIN A PAVED SURFACE, PLUS TWO FEET (2') OF CURB AND GUTTER SECTION ON EACH SIDE, A MINIMUM OF FOUR- FOOT (41) WIDE SIDEWALK ON EACH SIDEy OR WIDER WHERE NEEDEDj PLUS DRIVEWAYS AS NEEDED. THE PAVED SURFACE SHALL BE AS DETERAINED BY THE DEPARTMENT OF PUBLIC WORKS AND MAY BE EITHER ASPHALT WITH FLEXIBLE BASE OR CONCRETE AS REQUIRED AND APPROVED BY THE CITY COUNCIL. E. ASSESSMENT POLICY - PROPERTY OWNERS ABUTTING ON EACH SIDE OF THE STREET SHALL BE ASSESSED ON THE FRONT FOOT BASIS AS FOLLOWS: 1. NINETY PERCENT (90j1) OF COST OF IMPROVEMENTS RELATING TO PAVEMENT FOR ONE -HALF OF THE STREET ABUTTING PROPERTY. SUCH IMPROVEMENTS SHALL INCLUDE EXCAVATIONS CALICHE BASE, SHELL BASES LINE STABILIZED BASE, ASPHALT OILS ASPHALT SURFACE, OR CONCRETE] AND INCLUDE SIX AND ONE -HALF PERCENT (6-1 /2%) OF CONSTRUCTION COSTS FOR CNGINCCRING. 161 CALCULATING THIS RATE, CREDIT SHALL BE GIVEN TO THE ABUTTING OWNERS FOR AN ASSUMED 18-FOOT WIDE SECTION OF PAVEMENT WHICH WILL BE AN ASSUMED 9 FEET ABUTTING EACH PROPERTY WHERE PAVEMENT EXISTS. 2. ONE HUNDRED PERCENT (100,5) OF COST OF CONSTRUCTION OF CURBS AND GUTTERS, PLUS SIX AND OHE••HALF PERCENT OF CONSTRUCTION COSTS FOR ENGINECRIHG. -2- 3. EIGHTY PERCENT lW, "'/ OF COST OF CONSTRUCTION OF SIDEWALK, PLUS SIX AND ONE -IIALF PERCENT OF CONSTRUCTION COSTS FOR LNGINEERIFIG. 4. ONE HUNDRED PERCENT (100 ,',) OF COST OF CONSTRUCTION OF DRIVEWAYS, PLUS SIX AND ONE -HALF PERCENT (6- 11?j,) OF CONSTRUCTION COSTS FOR ENGINEERING. THE ABOVE METHOD SHALL BE USED REGARDLESS OF DEPTH AND SHAPE OF LOT AND ANY PECULIAR CHARACTERISTICS, SUBJECT, HOWEVER, TO A FINDING BY THE CITY COUNCIL OF INEQUALITY OR INJUSTICE AND CORRESPONDING ADJUSTMENT. CREDIT SHALL 6E GIVEN FOR EXISTING CURBS, GUTTERS, SIDE1fALKS AND DRIVEWAYS, IF THEY MEET THE STANDARDS OF THE CITY OF CORPUS CIIRISTI AT THE TIME OF CONSTRUCTION, AND FOR THE AMOUNT SHOWN TO HAVE BEEN PREVIOUSLY SPENT FOR PERMANENT TYPE PAVEMENT BY THE ABUTTING PROPERTY OWNER, IN EXCESS OF THE 9-FOOT WIDE PAVEMENT CREDIT ABUTTING THE PROPERTY AS DESCRIBED ABOVE. PROPERTY WHICH SIDES ALONG THE STREET BEING IMPROVED SHALL BE ASSESSED THE RATE C014PUTED ABOVE INCLUDING DRIVEWAYS. PROPERTY BACKING ONTO A STREET BEING PAVED WILL BE ASSESSED THE SA14E RATE AS ABOVE EXCEPT IF ACCESS IS PROHIBITED, THEN THE RATE WILL BE REDUCED BY 50 %. WHERE IT BECOMES NECESSARY TO CONSTRUCT A HEADER CURB ALONG THE PROPERTY LINE OF COHERCIALLY USED PROPERTIES TO PREVENT VEHICLES FROM PARKING, BACKING OR TURNING ON THE SIDEWALK, THE HEADER CURB WILL BE 100pf ASSESSED, PLUS 6 -1/2% OF CONSTRUCTION COSTS FOR ENGINEERING, AGAINST THE ABUTTING PROPERTY. WHERE THE CITY COUNCIL FINDS THAT PROPERTY IS PLATTED FOR AND COMMITTED IN WRITING TO ONE OR TWO- FAMILY RESIDENTIAL USE AND SO USED AT THE TIME OF ASSESSMENT, OR PLATTED WITHOUT IMPROVEMENTS BUT COMMITTED IN WRITING TO ONE OR TWO - FAMILY RESIDENTIAL USE OR IN USE FOR CHURCH OR SCHOOL PURPOSES, THEN THE ASSESSMENT RATE WILL NOT EXCCCD $41 75 FOR CURB AND GUTTER AND PAVEMENT AND 100,1 OF DRIVEWAY COST. PROPERTY IN THIS CATEGORY WHICH SIDES ON A STREET BEING IMPROVED SHALL BE ASSESSED NOT EXCEEDING 50,1 OF THE $11.75 RATE, AS WELL AS 50,i OF SIDEWALK, AND SOON OF DRIVEWAYS. °3- i PROPERTY WHICH IS USED FOR SINGLE FAMILY PURPOSES AND BACKING ONTO THE STREET BEING IMPROVED WILL NOT BE ASSESSED FOR CURBS, GUTTERS OR PAVC14ENT BUT WILL BE ASSESSED 50% OF SIDEWALK, INCLUDED IN THE STREET IMPROVEMENT WHERE NO•SIDEWALK EXISTS IN FRONT OF PROPERTY] PROVIDED THAT, WHERE THE PROPERTY IS OVER 250 FEET DEEP, T14EN THE RATE WILL BE THE SAME AS IF PROPERTY WERE FRONTING THE STREET. THE DETERMINATION OF THE ASSESSMENT RATE SHALL BE MADE BY APPLYING THE UNIT PRICES OBTAINED BY BIDS TO THE CALCULATED QUANTITIES AND FRONT FOOT MEASUREMENTS, FOR THE IMPROVEMENTS ABUTTING THE PROPERTY. THE COST ASSESSED AGAINST SAID OWNERS AND THEIR PROPERTY RESPEC- TIVELY, SHALL BE PAYABLE IN MONTHLY INSTALLMENTS NOT TO EXCEED SIXTY (6O) IN NUMBER, T•HE FIRST OF WHICH SHALL BE PAYABLE WITHIN TWENTY (20) DAYS FROM THE DATE OF THE COMPLETION OF SAID IMPROVEMENTS AND THEIR ACCEPTANCE BY THE CITY OF CORPUS CHRISTI, AND ONE INSTALLMENT EACH t•IONTH THEREAFTER UNTIL PAID, TOGETHER WITH INTEREST THEREON AT THE RATE OF SIX AND ONE -HALF (6- 1 %2°f) PER CENT, WITH THE PROVISION THAT ANY OF SAID INSTALLMENTS MAY BE PAID AT ANY TIME BEFORE MATURITY BY THE PAYMENT OF THE PRINCIPAL AND THE ACCRUED INTEREST THEREON. Any PROPERTY OWNER AGAINST WHOI4 AND AGAINST WHOSE PROPERTY AN ASSESSMENT HAS BEEN LEVIED MAY PAY THE WI4OLE ASSESSMENT CHARGEABLE TO HNI WITHOUT INTEREST WITHIN TWENTY (20) DAYS AFTER THE ACCEPTANCE AND COMPLETION OF SAID IMPROVEMENTS. PROVIDED, THAT IF THE APPLICATION OF THE ABOVE MENTIONED RULE OF APPORTIONMENT BETWEEN PROPERTY OWNERS WOULD, IN THE OPINION OF THE CITY COUNCIL, IN PARTICULAR CASES BE UNJUST OR UNEQUAL, IT SHALL BE THE DUTY OF THE SAID COUNCIL TO ASSESS AND APPORTION SAID COST IN SUCH MANNER AS IT MAY DEEM JUST AND EQUITABLE, HAVING IN VIEW THE SPECIAL BENEFITS 114 ENHANCED VALUE TO BE RECEIVED BY EACH OWNER OF SUCH PROPERTY, THE EQUITIES OF OWNERS, AND THE ADJUSTMENT OF SUCH APPORTIONMENT, SO AS TO PRODUCE A SUBSTANTIAL EQUALITY OF BENEFITS RECEIVED BY AND BURDENS IMPOSED UPON SUCH OWNERS. THAT NO SUCH ASSESSMENT SHALL DE MADE AGAINST ANY O5INCR OF ABUT- TING PROPERTY, OR OF A STREET RAILWAY OF STEAM RAILWAY, IF ANY, UNTIL AFTER THE NOTICE AND HEARING PROVIDED BY LAW, AND NO ASSESSMENT SHALL BE MADE AGAINST AN OWNER OF ABUTTING PROPERTY IN EXCESS OF THE BENEFITS TO SUCH PROPERTY IN ENHANCED VALUE' THEREOF BY MEANS OF SUCH IMPROVEMENTS. THAT THE CONTRACTOR SHALL BE PAID FOR THE WORK PERFORMED UNDER THE SPECIFICATIONS, UPON MONTHLY ESTIMATES TO BE PREPARED BY THE DIRECTOR OF PUBLIC WORKS. THAT THERE SHALL BE DEDUCTED AS A RETAIN AGE FEE, TEN l��} PER CENT OF SUCH MONTHLY ESTIMATES, TO BE HELD BY THE CITY OF CORPUS CHRISTI UNTIL THE CONTRACT IS PERFORMED AND EXECUTED TO THE SATISFACTION OF THE DIRECTOR OF PUBLIC WORKS. THE MONTHLY ESTIMATES SHALL BE PAID ON OR BEFORE THE •IDTH DAY OF THE NEXT SUCCEEDING MONTH FOR THE WORK PERFORMED DURING THE PREVIOUS MONTH. FOR THAT PART OF THE COST OF THE IMPROVEMENTS THAT SHALL BE DETER- MINED TO BE LEVIED AGAINST THE OWNERS OF ABUTTING PROPERTY AND THEIR PROPERTY SHALL BE LEVIED BY ASSESSMENT AS HEREIN PROVIDED, AND SAID IMPROVEMENTS MAY FURTHER BE SECURED BY MECHANIC'S LIENS TO BE EXECUTED IN FAVOR OF THE CITY OF CORPUS CHRISTI, PROVIDED BY LAW IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS ORDINANCE. PAVING CERTIFICATES EVIDENCING THE ASSESSMENT SHALL BE ISSUED IN FAVOR OF THE CITY OF CORPUS CHRISTI FOR THE AMOUNT OF THE ASSESS- RENT, WHETHER THE PROPERTY OWNERS HAVE EXECUTED MECHANIC'S LIENS TO SECURE THE PAY14ENT OR NOT, AND SHALL BE PAYABLE FOR THE PURPOSE OF FINANCING PAVING IMPROVEMENT COSTS. THAT THE DIRECTOR OF PUBLIC WORKS IS HEREBY DIRECTED TO PREPARE AT ONCE SPECIFICATIONS AND FILE THE SAME WITH THE CITY COUNCIL FOR THE HERE- INABOVE DESCRIBED PAVEMENT AND IMPROVEMENTS. THAT IN THE SPECIFICATIONS PREPARED, PROVISION SHALL BE MADE TO REQUIRE ALL CONTRACTORS TO MAINTAIN FOR A TERM NOT LESS THAN ONE (1) YEAR ALL PAVEMENTS AND IMPROVEMENTS HEREIN - ABOVE DESCRIBED, IF, IN THE JUDGMENT OF THE CITY COUNCIL, IT IS DEEMED ADVISABLE TO REQUIRE SAME. THAT SUCH SPECIFICATIONS SHALL REQUIRE THE BIDDER TO MAKE A BID UPON THE TYPE OF IMPROVEMENTS ABOVE DESCRIBED, WITH MAINTENANCE REQUIRE - 14ENTS AS HEREIN PROVIDED. THAT THE SPECIFICATIONS SHALL ALSO STATE THE AMOUNT OF THE PERFORM- ANCE BOND AND PAY14ENT BOND, EACH OF WHICH SHALL EQUAL THE AMOUNT OF TI4E BID, AS WELL AS THE METHOD BY WHICH IT IS PROPOSED TO PAY THE COST OF SAID `J° J IMPROVEMENTS, SAID METHOD BEING IN ACCORDANCE WITH THIS ORDINANCE. SECTION 3. THE CITY COUNCIL, IN INITIATING THIS PROCEEDING, IS ACTING UNDER THE TERMS AND PROVISIONS OF THE ACT PASSED AT THE FIRST CALLED SESSION OF THE FORTIETH LEGISLATURE OF THE STATE OF TEXAS, AND KNOWN AS CHAPTER 106 OF THE ACTS OF SAID SESSION, TOGETHER WITH ANY AMCNDMENTS THERETO, NOW SHOWN AS ARTICLE 1105D OF VERNON'S TEXAS CIVIL STATUTES, WHICH SAID LAW, AS AN ALTERNATIVE METHOD FOR THE CONSTRUCTION OF STREET IMPROVEMENTS IN THE CITY OF CORPUS CHRISTI, TEXAS, HAS BEEN ADOPTED BY THE SAID CITY. SECTION 4. THAT AFTER APPROVAL BY THE CITY COUNCIL OF PLANS AND SPECIFICATIONS, BIDS SHALL BE TAKEN FOR THE CONSTRUCTION OF THE WORK FOR THE TYPE OF CONSTRUCTION ENUMERATED ABOVE AND SET FORTH IN SAID PLANS AND SPECI- FICATIONS, AND THE WORK SHALL BE DONE, WITH THE MATERIALS AND ACCORDING TO PLANS AND METHODS SELECTED BY THE CITY COUNCIL, AFTER THE BIOS ARE OPENED AND CONTRACT AWARDED. $FCT1l1N F_ THAT IT IS FURTHER PROVIDED AS IS STIPULATED BY THE PROVISIONS OF THE CHARTER OF THE CITY OF CORPUS CHRISTI, TEXAS, AND THE LAWS ABOVE IDENTIFIED, THAT SAID IMPROVEMENTS MAY BE OMITTED IN FRONT OF ANY PROPERTY EXEMPT FROM THE LIEN OF SPECIAL ASSESSMENT FOR STREET IMPROVEMENTS WITHOUT INVALIDATING OR AFFECTING THE ASSESSMENTS 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 ACTION TAKEN HEREIN AND TO HAVE SAME FILED BY THE COUNTY CLERK OF NUECES COUNTY, TEXAS, AMONG THE MORTGAGE RECORDS OF SAID COUNTY. SECTION 6. THAT THE NEED FOR PREPARATION OF PLANS AND PROCEEDING WITH IMPROVEMENTS AS HEREIN PROVIDED AS PROMPTLY AS POSSIBLE CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC 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 TIIREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR, HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, HAVING REQUESTED THE SUSPEN- SION OF SAID CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE TAKE EFFECT AND BE IN FULL -6- FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY PASSED AND APPROVED THIS THE ;ZQVVDAY OF 1970. V MA R THE CITY OF CORPUS CHRISTI, TEXAS ATTEST: CITY SECRETARY APPROVED: a D DAY of 1970: CITY ATTOR Y w Corpus Christi4��_ ,L L�Hay o£ , 19%22 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, a public emergency and imperative necessity exist for the suspen- sion 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, request that you suspend said Charter rule or requirement and pass this ordi- nance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, OR THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Jack R. Blackmon ✓ _ `Z�u Gabe Lozano, Sr. V. A. "Dick"Bradley. Jr. Eduardo E. de Ases ✓ Ken McDaniel / W. J. "Wrangler" Roberts i Ronnie Sizemore The above ordinance was passed by the Jack R. Blackmon ✓ Gabe Lozano, Sr. V. A. "Dick" Bradley, Jr.,, Eduardo E. de Ases /I- Ken McDaniel r/ W. J. ','Wrangler" Roberts Ronnie Sizemore Y.� U 5,IW:5/20/70 DEED RECORDS ;VBL1368 FG1022 NOT CE RUIU39 INAGEff63 81360.1 THE STATE OF TEXAS [ KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES p THAT THE CITY OF CORPUS CHRISTI, TEXAS, ACTING BY AND THROUGH ITS DULY ELECTED AND CONSTITUTED CITY COUNCIL, ON THE 20TH DAY OF MAY, 1970, BY ORDINANCE N0. 9754 , DETERMINED THE NECESSITY FOR AND ORDERED THE IMPROVEMENT OF A PORTION OF THE FOLLOWING STREETS: SOUTH ALAMEDA STREET, FROM OCEAN DRIVE TO MONTCLAIR DRIVE, WITHIN THE CITY OF CORPUS CHRISTI, NUECES COUNTY$ TEXAS$ SAID STREETS WITHIN THE LIMITS ABOVE DESCRIBED, TO BE IMPROVED BY RAISING, GRADING, FILLING, WIDENING, PAVING, REPAVING OR REPAIRING SAME AND BY THE CONSTRUC- TION, RECONSTRUCTION, REPAIRING OR REALIGNING OF 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, 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 N0. 9 755 PASSED BY THE CITY COUNCIL ON THE 20TH DAY OF MAY, 1970$ 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 TWENTY (20) DAYS AFTER COMPLETION OF ACCEPTANCE BY THE CITY; OR 2. TWENTY PERCENT (20 %) CASH WITHIN TWENTY DAYS AFTER THE COM- PLETION OF SAID WORK AND ITS ACCEPTANCE BY THE CITY$ AND 20% RESPECTIVELY ON OR BEFORE ONE YEAR$ TWO YEARS, THREE YEARS AND FOUR YEARS AFTER THE COM- PLETION 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 OF SIX AND ONE -HALF PERCENT (6 -1/2 %) PER ANNUM; OR RUM IMACEII64 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 SIX AND ONE —HALF PERCENT (6 -1/2 %) PER ANNUM; PROVIDED,_ HOWEVER, THAT THE OWNERS OF SAID PROPERTY AVAILING THEMSELVES OF OPTION "0 OR "311 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 PRI "NCIPAL DUE, TOGETHER WITH INTEREST ACCRUED, TO THE DATE OF PAYMENT. A. ND 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 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 SECRETARY, AND THE OFFICIAL SEAL OF THE CITY TO BE HERETO AFFIXED THIS THE 20TH DAY OF MAY, 1970. CITY OF CORPUS CHRISTI BY 6 T. RAY KRING, "I SECR_ ARY THE STATE OF TEXAS 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 SECRETARY 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 CONSIDERATION THEREIN EXPRESSED, AND AS THE ACT AND DEED OF SAID CITY „`;•I OF CORPUS CHRISTI, TEXAS. +i " "" �'� . "••" GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE 20TH DAY OF 1970- C y C�l % G�c �``, �Gfiu C�— / s• �x_4r GQLtti �rU �`, ,•- NOTARY PUBLIC IN AND FOR NUECES COUNTY TEXAS DEED RECORDS EDNAQOR wnL1368 Pc1023 LedryWhlir, cA a nlg, TeXUs DEED RECO - va1368 PG1024 ROU39 MACEH65 VAN OF YEW COUNTY OF NUECE9 I hereby certify that this Instrument was FILED an the data and at the Ume stamped hereon by me; and was duly RECORDED, In the Volume aqd Page of the named RECORD9 of Nines County. Texas. as stamped hereon by me an MAY 21 1970 �.ss coe �, ��qea�� COUNTY CLERR, NUECES (MINTY, TERM CD via Nll� N' y