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HomeMy WebLinkAbout10441 ORD - 08/25/1971JKH:8 -25 -71 AN ORDINANCE APPROVING AND ADOPTING THE WRITTEN STATEMENT AND REPORT OF THE DIRECTOR OF ENGINEERING SERVICES, SHOWING ESTIMATES OF THE VARIOUS'COSTS FOR THE IMPROVEMENT OF THE FOLLOWING STREETS IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS: I. WEAVER STREET, FROM THE NORTH RIGHT OF WAY LINE OF PADRE ISLAND DRIVE TO A POINT 365 FEET NORTH- EASTWARD TO EXISTING STREET IMPROVEMENTS; 2. SACKY STREET, FROM RICHTER STREET SOUTHEASTWARD APPROXIMATELY 700 FEET TO A POINT 10 FEET EAST OF THE RIGHT OF WAY LINE OF ANITA STREET; DETERMINING AND FIXING THE PORTION OF SAID COSTS TO BE PAID AND ASSESSED AGAINST ABUTTING PROPERTY, THE PORTION THEREOF TO BE PAID BY THE CITY OF CORPUS CHRISTI; DETERMINING THE NECESSITY OF LEVYING AN ASSESSMENT AGAINST SAID ABUTTING PROPERTY; ORDERING AND SETTING A HEARING TO BE HELD SEPTEMBER 22, 1971, AT 3:00 O'CLOCK P.M., TO GIVE NOTICE OF SAID HEARING AS REQUIRED BY THE LAWS OF THE STATE OF TEXAS AND THE CHARTER OF THE CITY OF CORPUS CHRISTI; AND DECLARING AN EMERGENCY. WHEREAS, HERETOFORE ON THE 25TH DAY OF AUGUST, 1971, THE CITY COUNCIL BY ENACTMENT OF ORDINANCE No.LC4112PETERMINEO THAT IT WAS NECES- SARY TO IMPROVE THE FOLLOWING BY PAVING: AND 1. WEAVER STREET, FROM THE NORTH RIGHT OF WAY LINE OF PADRE ISLAND DRIVE TO A POINT 365 FEET NORTHEASTWARD TO EXISTING STREET IMPROVEMENTS; 2. SACKY STREET, FROM RICHTER STREET SOUTHEASTWARD APPROXIMATELY 700 FEET TO A POINT 10 FEET EAST OF THE RIGHT OF WAY LINE OF ANITA STREET; WHEREAS, BY THE TERMS OF SAID ORDINANCE, SPECIFICATIONS WERE ORDERED TO BE MADE BY THE DIRECTOR. OF ENGINEERING SERVICES, FOR THE IMPROVE- MENT OF THE AFORESAID STREETS, WITHIN THE LIMITS DEFINED, AS PROVIDED BY SAID ORDINANCE; AND WHEREAS, THE SAID SPECIFICATIONS HAVE BEEN PREPARED AND ARE NOW SUBMITTED TO THE CITY COUNCIL FOR APPROVAL AND ADOPTION; AND WHEREAS, THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI IS OF THE OPINION THAT IT IS NECESSARY TO LEVY AN ASSESSMENT AGAINST THE PROPERTY AND THE OWNERS THEREOF ABUTRNG UPON THE AFORESAID STREETS, WITHIN THE LIMITS DEFINED, AND AGAINST STREET AND RAILWAY COMPANIES WHOSE TRACKS A441 • • OCCUPY SAID STREET, IF ANY, FOR A PART OF'THE COST OF IMPROVING SAID STREET, FIXING A TIME FOR THE HEARING OF THE OWNERS OF SAID PROPERTY, AND THE SAID RAILWAY COMPANIES, CONCERNING THE SAME, AND DIRECTING THE CITY SECRETARY TO GIVE NOTICE OF SAID HEARING, AS REQUIRED BY LAW) AND WHEREAS, THE CITY COUNCIL HAS HERETOFORE, BY ORDINANCE, ORDERED THE IMPROVEMENTS OF THE STREET AND PORTIONS ENUMERATED ABOVE. ANY EXISTING CURBS OR CUTTERS IN PLACE, MEETING THE SPECIFICATIONS SET BY THE CITY COUNCIL, OR WHICH CAN BE UTILIZED, SHALL BE LEFT IN PLACE, IF ANY, AND CORRESPONDING CREDITS TO THE PROPERTY OWNERS SHALL BE ALLOWCD ON THE ASSESSMENTS; WHEREAS, THE DIRECTOR OF ENGINEERING SERVICES OF THE CITY CHRISTI IIAS) IN ACCORDANCE WIT11 THE LAW, FILED HIS REPORT WITH THE CITY COUNCIL, SETTING FORTH TIIE PARTICIPATION. BY THE RAILWAY COMPANIES AND STREET RAILWAY COMPANIES, IF ANY, AND THE-PROPERTY OWNERS, IN THE COST THEREOF, TOGETIIER WITH TIIE. NAMES OF THE OWNERS AND THE DESCRIPTION. OF SAID PROPERTY, AND THE WORK TO BE DONE ADJACENT THERETO, ANO THE AMOUNT TO BE ASSESSED AGAINST EACH LOT OR PARCEL AND ITS OWNER AND ALL OTHER MATTERS REQUIRED BY THE APPLICABLE LAW: NOVI, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE SPECIFICATIONS SO PRESENTED TO THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI BY THE DIRECTOR OF ENGINEERING SERVICES AND PREPARED BY HIM FOR THE IMPROVEMENT OF THE AFORESAID STREETS, WITHIN THE LIMITS SET FORTH, HAVING BEEN CAREFULLY CONSIDERED BY THE CITY COUNCIL, BE, AND THE SAME ARE HEREBY, APPROVED AND ADOPTED AS THE SPECIFI- CATIONS FOR THE IMPROVEMENT OF SAID STREETS HEREINABOVE ENUMERATED, WITHIN THE LIMITS DEFINED. SECTION 2. THAT THE CITY SECRETARY BE, AND HE IS HEREBY, 'INSTRUCTED TO ADVERTISE FOR SEALED BIDS FOR THE CONSTRUCTION OF THE IMPROVEMENTS CALLED FOR BY THIS ORDINANCE, SUCH ADVERTISEMENT FOR BIDS TO BE PUBLISIIED IN THE CORPUS CHRISTI TIMES, THE OFFICIAL PUBLICATION OF THE CITY OF CORPUS CHRISTI, WHICH IS A NEWSPAPER OF GENERAL CIRCULATION -2- IN THE CITY OF CORPUS CHRISTI. THE ADVERTISEMENT SHALL BE PUBLISHCD AT LEAST ONCE IN EACII WEEK FOR TI-10 (Z) CONSECUTIVC WCCKS. ALL BIDS SHALL BE RECEIVED SUBJECT TO THE TERMS AND.PROVISIONS OF THE CHARTCR OF THE CITY QF CDICPU5 CHRiSTIj AND SHALL BE FILED WITH THE C17Y SECRETARY ON THE DATE -AND HOURS SPECIFIED AND SHALL BE OPENED AND READ IN THE PRESENCE OF THE CITY COUNCIL IN A PUBLIC FLEETING OF THE SAID CITY COUNCIL. SECTION 3. THE CITY COUNCILS IN INITIATING THIS PROCEEDINGS IS ACTING UNDER THE TERMS AND PROVISIONS OF THE ACT PASSED AT THE FIRST ,CALLED SESSION OF THE FORTICTH LEGISLATURE OF THE STATE OF TEXAS AND KNOWN AS CHAPTER IOU OF THC ACTS OF THE SAID SESSIONS TOGETHER WITH ANY AMEND- MENTS THERETO NOW 5I 101117 AS ARTICLE •11053 OF VERNON'S TEXAS CIVIL STATUTCS,AS AN ALTERNATIVE METHOD FOR THE CONSTRUCTION OF STREET IMPROVE - RENTS IN THE CITY OF CORPUS CHRISTI, TEXAS. ' SECTION 14. THAT THE RERORT OR STATEMENT FILED BY THE DIRECTOR OF ENGINEERING SERVICES HAVING BEEN DULY EXAMINED IS HEREBY APPROVED. SECTION 5. THAT THERE IS HEREBY FOUND AND DETERMINED THAT THE COST OF IMPROVEMENTS ON THE HEREINAFTER 'DESCRIBED STREETS WITH THE AMOUTN OR AMOUNTS PER FRONT FOOT PROPOSED TO BE ASSESSED FOR SUCH IMPROVE- MENTS AGAINST ABUT7114G PROPERTY AND THE OWNERS THEREOF, AND, AGAINST STREET AND RAILWAY COMPANIES WHOSE TRACKS OCCUPY SAID STREETS IF ANY ARE AS FOLLOWS, TO -WIT: -3- DRAINAGE IMPROVEMENTS FOR CABANISS ACRES AND HOUSING AUTIIORITY SITES A & B AND STREET 144FROVI1,MTTS FOR SACKY'DRIVE FROM RICH- TER DRIVE TO THE TJEST R.O.W. LINE OF AIIITA STREET AND WEAVER STREET FROM THE EXISTING IMPROVI MITS TO THE NORTH R.O.W. LINE OF PADRE ISLAND DRIVE ' This project is a portion'of the street and drainage improvements for Weaver, Cabaniss Acres and Corpus Christi Housing Authority Sites A and B. The project is to be constructed by excavating the streets to a width and depth to permit the laying of a 6" curb and gutter and a 4" roll type curb and gutter and the installation of pavement which varies in thickness from 28' back to back of curbs to 31' back to back of curbs. The pavement is to be constructed by placing 8" of caliche base on a compacted earth fill and a 1" Type D hot mix asphaltic concrete or three course surface treatment. Also to be constructed on this project are sidewalks, storm sewers and storm sewer inlets required for the proper drainage of the streets, and driveways as required and requested by the abutting property owners. The assessment rates have been determined by using the provisions of the Assess- ment Policy of the City of Corpus Christi, Texas and applying to those provisions the unit prices as-received by the low bid submitted by Heldenfels Brothers. Those assesf:mcnt rates are as follows: Curb, Gutter, and Pavement . . . . .... . . . . . . . $4.75 p.l.f. Sidewalk . . . . . . . . . . . . . . . . . . . $0.56 p.s.f. Driveway . . . . . . . . . . . . . . $1.17 P.s.f. ITE[•7 OSiaml AND QUAN`12TY d DESCit1ITION TOTAL N0. PROPERTY DESCI'LIPTION ASSESSED OF RATE AbIOUNT AMOUNT ASSESSIMIT ASSESSED SAM DRIVE STREI� IMPROVEMENTS RICIITL•:R ST. TC WIMTON ST. SOUTH SIDE OF STREET 1. J. A. Garcia 87.0 LF C,G, Pvmt.(S) 2.38 207.06 1101 - 19th St. 348.0 SF Sidewalk (S) 0.28 97.44 LoG 12, L•lk 1 17.0 LF C & G (F) 2.98 50.66 Moravian Village 355.1 No. 6 VARRO ST. INTERSECTION 2. Marin S. Garza 103.09 LF C,G, Pvmt.(S) 2.38 245.35 5302 Navarro St, 412.36 SF Sidewalk (S) 0.28 115.46 Lot 12, Elk 2 12.0 LF C & G (F) 2.98 35.76 Ventura Plaza 48.0 SF Sidewalk (F) 0.56 26.88 No. 3 423.4' 3. Roy Hay 5301 Alejandro St. 11.5 73 LF 462.92 SF C,G, Pvmt.(S) Sidewalk (S) 2.38 0.28 275.44 129.62 Lot 11, Elk 2 10.0 LF C & G (F) 2.98 29.&0 Ventura Plaza 40.0 SF Sidewalk (F) 0.56 22.40 No. 3 457.21 AIEJANDRO ST. INTERSECTION 4. Oscar J. Martinez et al 115.91 LF C,G, Pvmt.(S) 2.38 275.87 5302 Alejandro St. 463.64 SF Sidewalk (S) 0.28 129.82 Lot 11, Elk 1 10.0 IF C & G (F) 2.98 29.80 Ventura Plaza 40.0 SF Sidewalk (F) 0.56 22.40 No. 3 457.8! P"'80- IMI 140. OUNPR AND PROPERTY DESCRUTION QUANTITY ASSESSM DESCRI1'rION OF RATE MOUNT TOTAL AMOUNT ASSESSMIT ASSE2,SED (Sacky Drivc Continued) 5. Rufino G. Garcia 115.73 IF C,G,.Pvmt.(S) 2.38 275.44 5301 Wharton St. 462.92 Sr Sidewalk (S) 0.28 129.62 Lot 11, Elk 1 40.0 SF Sidewalk (F) 0.56 22.40 Ventura Plaza - 0 -%••* C & G (F) 2.98 0.00 No. 2 427.41 *,'•'Credit Existing C & G A IU: STREET I N*TERSECTION 6. Jose F. YUarra 10.0 LF C,G, Pvmt.(S) 2.38 23.80 5302 Wharton St. 40.0 SF Sidewalk (S) 0.28 11.20 Lot 11, L'lk 2 40.0 SF Sidewalk (F) 0.56 22.40 Ventura Plaza -0 - *'* C & G 2.98 0.00 No. 2 57.41 **Credit Existing C & G / IND SOUTH S E SACia DRIVE MCQ1, DRIVE rJ NORTH SIDE OF STREET i. Cuepus ChcisLi Housing Authority 712.0 Li 2800.0 SF C,G, & PVOIL. Sidewalk 10.75 0.70 7,6544.00 1,960.00 Bohemian Colony 243.0 SF Driveway 1.17 284.31 Land Storm• Sewer 523.47 9,9 9s,+ 11 261.74 2 21,160.0: 8. Corpus Christi Ind. School 53.0 LF C, C, Pvmt. 4.75 251.75 District 212.0 SF Sidewalk 0.56 118.72 370.4; END NORTH 371DE SACKY D • 1'v Page s ITEM OWNER AND QIIPNTITY DESC111PTION TOTAL NO. PROPIMTY DESCIIIPTION ASSESSED OP -RATE A14OUNT MOUNT ASSESS1,04T ASSESSED W :AVER STREET lr•ll'ROVM—.'NTS FL iUR BLUFF PA NORTH SIDE K SUDDIVISIO14 OF STREET 9. Eulcnc A. Wilson 365.02 1.F C., G., & Pvmti 4.75 1,733.84 1101 Lu•,or 1,460.08 SP Sidewalk 0.56 817.64 Lot, 44 -50, Blk 12 Flour Bluff Park 2,551.48 PADRE ISL ND DRIVE End Nort. Side W JIVER STREET IMPROVEMENTS FL UR BLUFF PA .K SUBDIVISION SOUTH SIDE OF STREET 10. Manuel L. Minus 50 L.F. C, G, & Pvmt. 4.75 237.50 506 Webb, 78418 200 S.F. Sidewalk 0.56 112.00 Lot 19, Ilk 13 Flour Bluff Park 349.50 11. Mrs. George F. Clark 314.97 LF C., G., Pvmt. 4.75 1,496.11 206 Oleander 1,259.88 SF Sidewalk 0.56 705.53 Lots 20 -25, Blk 13 Flour Bluff Park 2,201.64 PADRE ISU ND DRIVE End Sou h Side • ALL ASSCSSFICNTS, H0l!EVCR, ARE TO UC MADE AND LEVIED DY TIIE CITY COUNCIL AS IT MAY Bum JUST AND EQUITAOLC, HAVING 114 VIEW THC SPCCIAL DCNE^ FITS IN ENHANCED VALUE TO DE RECCIVED BY SUCH PARCCLS'OF PROPCRTY AIJD OWIICRS THEREOF,. THE EQUITIES OF SUCH 04!NERS, AND THE 'ADJUSTI•iENT OF THE APPORTIONMENT OF THE COST OF 114PROVEMCHTS SO AS TO PRODUCE A SUOSTANTIAL EQUALITY OF OCNEFITS RCCCIVED AND DURDENS IMPOSED. SECTim G. THAT A HEARING SHALL DC GIVEN TO SAID 'OWNERS OF ABUTTING PROPERTY, AIJD OF RAILWAYS AND OF STREET RAILWAYS, IF ANY,- OR THEIR AGENTS OR ATTORNEYS, A14D ALL PERSONS INTERESTED IN,SAID MATTER, AS TO THE AMOUNT TO DE ASSESSED AGAINST CACH OWNER AND HIS ABUTTING PROPERTY AND RAILWAYS AIJD STREET RAILWAYS, AND AS TO THE•BENEFITS TO SAID PROPERTY BY REASON OF SAID IMPROVEMENT, OR AIIY OTHER MATTER OR THING IN CONNECTION THEREWITII, WHICH HEARING SHALL BE HELD IN THE COUNCIL CHAMBER OF THE CITY HALL IN THE CITY OF CORPUS CHRISTI, COUNTY OF NuccrS, ON THE 22ND DAY OF 'E•P TEMBER A.D., 197,1, AT 3.00 P. M., AT WHICH TIME ALL THE SAID OWNERS, THEIR AGENTS OR ATTORNEYS OR OTHER INTERESTED PERSONS ARC NOTIFIED TO APPEAR AND BE HEARD, AIJD AT SAID HEARING SAID OWNERS AND OTHER PERSONS MAY APPEAR, BY COUNSEL OR IN PERSON, AND MAY OFFER EVIDENCE, AND SAID HEARING SHALL DE ADJOUR14FD FROM DAY TO DAY UNTIL FULLY ACCOMPLISHED. THE CITY SECRETARY OF THE CITY OF CORPUS CHRISTI IS HEREBY .DIRECTED TO GIVE NOTICE OF THE TIME ACID PLACE OF SUCH HEARING AND OF OTHER HATTERS AND FACTS IN ACCORDANCE WITH 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 AMENDMENTS THERETO, NOW SHOWN AS ARTICLE 11050 OF VERNON'S TEXAS CIVIL STATUTES, WHICH SAID LAW, AS AN ALTERNATIVE METHOD FOR THE CON- STRUCTION OF STREET IMPROVEMENTS IN THC CITY OF CORPUS CHRISTI, TEXAS, HAS BEEN ADOPTED BY SAID CITY. • SAID NOTICE SHALL BE DY ADVERTISEMENT INSERTED AT LEAST THREE TIMES IN A NEWSPAPER PUBLISHED IN THE CITY OF CORPUS CHRISTI, TEXAS, THE FIRST PUDLICATION TO DE MADE AT LEAST TWENTY—ONE (21) DAYS OEFORE THE DATE OF SAID HEARING. SAID NOTICE SHALL COMPLY WITH AND 0E IN ACCORDANCE VITH THC TERMS AND PROVISIONS Or THE SAID ACT. Tlt£' CITY SECRETARY IS IICRCUI' FURTIIC1t DIRECTED TO GIVE ADDITIOIIAL WRITTEN NOTICE OF T11C IIEARING BY DCI'OSITIHG 111 TIIC UNITED STATES MAIL, AT LEAST FOURTEEN (01) DAYS UEFORE TIIC ,DATE OF TIM HL'ARING, WRITTEN NOTICC OF SUCH 11CARIt1G, POSTAGE PREPAID IIJ AtI,CNVCI.OPE ADDRESSED TO THE OIJNERS OF THE RESPCCTIVE PROPERTIES ADUTTAU G SUCII STREETS HICHWAIS DR PORTIONS OF STREETS OR HIGHWAYS TO DE IMPROVED AS THE IIAMES OF SUCH OWNERS ARE SIIONt1 ON THE TIIEN CURRENT RCIIDERED TAX ROLLS OF. THE CITY OF CORPUS'CHRISTI, TCXAS, A14D AT TIIC ADDRESSES 50 SHOIdN, OR IF THE NAMES OF SUCH RESPECTIVE OWNERS DO I40T APPEAR 011 SUCH RENDERED TAX ROLLS, THEN ADDRESSED TO SUCH OWNERS AS THEIR IIA14ES ARE SHOWN ON THE UNRENDERED'TAX ROLLS OF SAID CITY AT THE ADDRESSES SHOWN THEREON; AND WHEN A. SPECIAL TAX IS PROPOSED TO BE LCV1ED AGAINST ANY RAILWAY OR STREET RAILWAY USING, OCCUPY114G OR CROSSING A11Y Ii1CHWAY OR STREETj, PORT 1014 OR PORTIONS THEREOF TO BE IMPROVED] SUCH ADDITIONAL NOTICE -'HALL BE GIVEN BY DEPOSITING IN THE UNITED STATES MAIL, AT LEAST FOURTEEN �1�f) DAYS BEFORE DATE OF THE HEARING, A WRITTEN NOTICE OF SUCH HEARING, POSTAGE PREPAID, IN AN ENVELOPE ADDRESSED TO THE SAID RAILWAY OR STREET RAILWAY AS SHOWN ON THE THEN CURRENT RENDERED TAY, ROLLS _OF SAID CITY, AT THE ADDRESS SO SHOWN, OR, IF THE NAME OF SUCH RESPECTIVE RAILWAYS DO NOT APPEAR ON SUCH RENDERED TAX ROLLS OF THE CITY, THEN ADDRESSED TO SUCH RAILWAYS OR STRECT'RAILWAYS AS THE NAMES SHOWN ON THE CURRENT UNRENDERED TAX ROLLS OF SAID CITY, AT THE ADDRESSES SHOWN THEREON. SAID NOTICE SHALL DESCRIBE IN GENERAL TERMS THE NATURE OF THE IMPROVEMENTS FOR WHICH ASSESSMENTS ARE PROPOSED TO BE LEVIED, SHALL STATE THE HIGHWAY itICHWAYS, STREETS OR PORTIONS THEREOF TO BE IMPROVED STATE*THE ESTIMATED ' AMOUNT-OR AMOUNTS PER FRONT FOOT PROPOSED TO BE ASSESSED AGAINST THE OWNER PR OWNERS OF ABUTTING PROPERTY AND.SUCH PROPERTY ON EACH HIGHWAY, OR STREET OF PORTION TIItREOF WITH REFERENCE TO WHICH HEARING HENTtONED IN THE NOTICE SHALL BE HELD AND SHALL STATE THE ESTIMATED TOTAL COST OF THE IMPROVEMENTS ON EACH SUCH HIGHWAY] OR STRCET, PORTION OR PORTIONS THEREOF,-ANDj IF THE IMPROVEMENTS ARE TO DE CONSTRUCTED IN ANY'PART 'OF THE AREA BETWEEN AND BONDER RAILS AND TRACKS DOUBLE TRACKS, TURNOUTSp AND SWITCHES AND TWO FEET ON EACH SIDE TIIERCOF OF ANY RAILWAYS STREET RAILWAY OR INTERURBAN SHALL ALSO STATE TIIC AMOUNT PROPOSED TO DE ASSESSED TIICIIEFOR, AND SltALL ' -5- STATE THE TIME AND PLACC AT WHICH HEARING SHALL DE HELD, PROVIDED, HOWEVER, THAT ANY FAILURE OF THE PROPERTY OWNERS TO RECEIVE SAID NOTICE, SHALL NOT INVALIDATE THESE PROCEEDINGS. SECTION 7. THAT THE NEED FOR THE ADOPTION OF THE PLANS AND PROCEEDING WITH THE IMPROVEMENTS AS HEREIN PROVIDED, AND THE - IMPORTANCE OF PROMPTLY EXAMINING THE REPORT OF THE DIRECTOR AF ENGINEERING SERVICES -AND MAKING A DECISION THEREON, CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORCA NANCE 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 SUCH EMERGENCY AND NECESSITY TO EX- IST, -HAVING RE'QU,ESTE'O THE- S'USPENSTON OF SAID CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT 4ND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT 15 ACCORDINGLY SO ORDAINED, THIS THE DAY OF , 1971, ATTEST: v o Lt.,Li CITY SECRET RY MAYOR THE CITY OF CO U CHRISTI, TEXAS APPROVED: D Y OF AUG ST, ,t�ji71: CI' ATTORNEY • CORPUS CHRISTIf TEXAS AY OF 9 p "'yy�� L � f -�� TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTIf 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 15 INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, G 0 MAYOR THE CITY OF 6US CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: BONNIE SIZEMORE CHARLES A. BONNIWELL .� ROBERTO BOSQUEZ REV. HAROLD T. BRANCH THOMAS V. GONZALES GAGE LOZANO, SR. J. HOWARD STARK THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWI G VOTE: RONNIE SIZEMORE e CHARLES A. BONNIWELL vs ROBE RTb BOSQUEZ �.- REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. J. HOWARD STARK (� THE STATE OF TEXAS Q COUNTY OF NUECES Q 856618, DEED RUORd1S VOL1408 PACE' 46 ROA99 IMACE 1612 N 0 T 1 C E KNOW ALL MEN BY THESE PRESENTS: rf a � v >` M w LL_ c THAT THE CITY OF CORPUS CHRISTI, TEXAS, ACTING BY AND THROUGH ITS DULY AUTHORIZED AND ELECTED CITY COUNCIL, ON THE 25TH DAY OF AUGUST, 1971, BY ORDINANCE ND. 1409 DETERMINED THE NECESSITY FOR AND ORDERED THE IMPROVEMENT OF A PORTION OF THE FOLLOWING STREETS: WEAVER STREET, FROM THE NORTH RIGHT OF WAY LINE OF PADRE ISLAND DRIVE TO A POINT 365 FEET NORTHEASTWARD TO EXISTING STREET IMPROVEMENTS; AND SACKY STREET, FROM RICHTER STREET SOUTHEASTWARD APPROXIMATELY 700 FEET TO A POINT 10 FEET EAST OF THE RIGHT OF WAY LINE OF ANITA STREET, 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 CONSTRUCTION, RECONSTRUC- TION, REPAIRING OR REALIGNING OF CONCRETE SIDEWALKS, CURBS, GUTTERS, AND DRIVE- WAYS WHERE THE DIRECTOR OF ENGINEERING SERVICES DETERMINES ADEQUATE SIDEWALKS, CURBS, GUTTERS AND DRIVEWAYS ARE NOT NOW INSTALLED ON PROPER GRADE AND LINE, AND BY THE CONSTRUCTION OF SUCH STORM SEWERS AND DRAINS, IF ANY, TOGETHER WITH ALL OTHER NECESSARY INCIDENTALS AND APPURTENANCES, ALL AS DEEMED ADEQUATE BY THE DIRECTOR OF ENGINEERING SERVICES AND AS PROVIDED FOR IN THE PLANS AND SPECIFICATIONS FOR SUCH IMPROVEMENTS THEREOF AS PREPARED BY SAID DIRECTOR OF ENGINEERING SERVICES. THAT ORDINANCE N0. . PASSED BY THE CITY COUNCIL ON THE 25TH-DAY OF AUGUST, 1971, 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 AND 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 ck r ra>oo THAT THE CITY OF CORPUS CHRISTI, TEXAS, ACTING BY AND THROUGH ITS DULY AUTHORIZED AND ELECTED CITY COUNCIL, ON THE 25TH DAY OF AUGUST, 1971, BY ORDINANCE ND. 1409 DETERMINED THE NECESSITY FOR AND ORDERED THE IMPROVEMENT OF A PORTION OF THE FOLLOWING STREETS: WEAVER STREET, FROM THE NORTH RIGHT OF WAY LINE OF PADRE ISLAND DRIVE TO A POINT 365 FEET NORTHEASTWARD TO EXISTING STREET IMPROVEMENTS; AND SACKY STREET, FROM RICHTER STREET SOUTHEASTWARD APPROXIMATELY 700 FEET TO A POINT 10 FEET EAST OF THE RIGHT OF WAY LINE OF ANITA STREET, 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 CONSTRUCTION, RECONSTRUC- TION, REPAIRING OR REALIGNING OF CONCRETE SIDEWALKS, CURBS, GUTTERS, AND DRIVE- WAYS WHERE THE DIRECTOR OF ENGINEERING SERVICES DETERMINES ADEQUATE SIDEWALKS, CURBS, GUTTERS AND DRIVEWAYS ARE NOT NOW INSTALLED ON PROPER GRADE AND LINE, AND BY THE CONSTRUCTION OF SUCH STORM SEWERS AND DRAINS, IF ANY, TOGETHER WITH ALL OTHER NECESSARY INCIDENTALS AND APPURTENANCES, ALL AS DEEMED ADEQUATE BY THE DIRECTOR OF ENGINEERING SERVICES AND AS PROVIDED FOR IN THE PLANS AND SPECIFICATIONS FOR SUCH IMPROVEMENTS THEREOF AS PREPARED BY SAID DIRECTOR OF ENGINEERING SERVICES. THAT ORDINANCE N0. . PASSED BY THE CITY COUNCIL ON THE 25TH-DAY OF AUGUST, 1971, 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 AND 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 6 UfA99 10ACE1613 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, 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 15T DAY OF THE NEXT SUCCEEDING MONTH AND CON- TINUING 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 -112 %) PER ANNUM; PROVIDED, HOWEVERj THAT THE OWNERS OF SAID PROPERTY AVAILING THEMSELVES OF OPTION n2n 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 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,25TH DAY OF AUGUST, 1971. CITY OS CHRISTI BY < T. RAY KRING ITV SECRETARY/ THE STATE OF TEXAS COUNTY OF NUECES BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY AP- __ FEARED T. RAY KRING, CITY SECRETARY OF THE CITY OF CORPUS CHRISTI, "ON Tfl";! %; ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT AND�b ACKNOWLEDGED TO ME THAT HE SIGNED THE SAME IN HIS CAPACITY AS CITY SECRETAgy7 _ FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED, -AND AS TKE .ACT AND DEED OF SAID CITY OF CORPUS CHRISTI, . TEXAS GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE 25TH iAY'OF AUGU$.T�" 1971 • MAN OP TEXAS COUNTY OF NUECES 1 i I hereby certlfy that this Instrument was FILED On the NOTA� PU L 1 C IN AND FOR NUECES COUNTY, Q date and at the time stamped hereon by me. and was duly / RECORDED. In the volume and Page of the named REGORGE TEXAS W of Nueces County, Texas. as stamped hereon by mB, on AUG 261971 V T�. Ceq U�c. NUECU COUNTY. DEED IZLI;OR[)S NUFCiB COUNTY, TEXhS - VOL1408 PAGE 47