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HomeMy WebLinkAbout10442 ORD - 09/01/1971JKH :y -] -t1 AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF THE FOLLOWING STREETS IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS: 1. GOLLIHAR ROAD FROM THE CENTER LINE OF KOSTORY2 ROAD TO EXISTING STREET IMPROVEMENTS APPROXIMATELY 100 LINEAR FEET NORTHWEST OF DODY STREET; Z. KOSTORY2 ROAD (EAST SIDE ONLY) FROM THE CENTER LINE OF MAHAN DRIVE TO A POINT 650 LINEAR FEET NORTH ON KOSTORYZ ROAD; 3. AYERS STREET FROM THE CENTER LINE OF BALDWIN BOULEVARD TO A POINT APPROXIMATELY 355 LINEAR FEET NORTHEAST ON AYERS STREET; 4. IMPROVEMENTS TO THE NORTHEAST CORNER OF THE BOOTY STREET AND SANTA FE STREET INTERSECTION; 5. EVERHART ROAD FROM THE NORTHEAST CORNER OF THE ALAI4EDA STREET INTERSECTION TO A POINT + 165 LINEAR FEET NORTHEAST ON EVERHART ROAD; 6. JOSEPHINE STREET FROM THE CENTER LINE OF WINNEBAGO STREET TO THE CENTER LINE OF LAKE STREET; 7. MCDONALD STREET FROM THE CENTER LINE OF MATLOCK STREET TO A POINT 491 LINEAR FEET SOUTH ON MCDONALD STREET; REQUIRING THE DIRECTOR OF ENGINEERING SERVICES TO PREPARE AND FILE PLANS AND SPECIFICATIONS; REQUIRING THE CITY SECRETARY TO FILE NOTICE IN THE OFFICE OF THE COUNTY CLERK, NUECES COUNTY, TEXAS, AS TO THE ACTION HEREIN; PROVIDING HOW SUCH IMPROVEMENTS SHALL BE PAID; AND DECLARING AN EMERGENCY. WHEREAS, THE CITY OF CORPUS CHRISTI DEEMS IT NECESSARY TO PERMANENTLY 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 STREETS SHALL BE IMPROVED BY THE RAISING, GRADING, FILLING, WIDENING, PAVING, REPAVING OR REPAIRING SAME, BY THE CONSTRUCTION, RECONSTRUCTION, REPAIRING OR REALIGNING CONCRETE SIDEWALKS, CURBS, GUTTERS AND DRIVEWAYS WHERE THE DIRECTOR OF ENGINEERING SERVICES 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 ENGINEERING SERVICES AND AS PROVIDED FOR IN THE PLANS AND SPECIFICATIONS FOR SUCH IMPROVEMENTS TO BE PREPARED BY SAID DIRECTOR OF ENGINEERING SERVICES, SAID STREETS TO BE 10442 PAVED AND CURBS AND GUTTERS INSTALLED AS SHOWN ON THE PLANS AND SPECIFICA- TIONS FOR SUCH IMPROVEMENTS ON FILE IN THE OFFICE OF THE CITY ENGINEER: 1. Gollihar Road from the center line of Kostoryz Road to 'existing street improvements approximately 100 linear feet nortlnaest of Dody Street, 2. Kostoryz Road (east side only) from the center 'line of Mahan Drive to a point 650 linear feet north on Kostoryz Road, 3. Dyers Street from the center line of Baldwin Boulevard to a point approximately 355 linear feet northeast on Ayers Street, 4. Improvements to the northeast corner of the Booty Street and Santa Fe Street Intersection 5. Everhart Road from the northeast corner of the Alameda Street intersection to a point t 165 linear feet northeast on Everhart Road, 6. Josephine Street from the center line of Winnebago Street to the center line of Lake St., 7. McDonald Street from the center line of Matlock Street to a point 11 -91 linear feet south on McDonald Street, SECTION 2. THAT THE COST OF SAID IMPROVEMENTS SHALL BE ASSESSED AGA114ST ADJOINING PROPERTY AND PAID-FOR AS FOLLOWS, TO -WIT: A. IMPROVEMENTS.- STREET SHALL CONTAIN A_ PAVED SURFACE, PLUS TWO FEET (21) OF CURB AND GUTTER SECTION ON EACH SIDE, A MINIMUM OF FOUR -FOOT (111) WIDE SIDEWALK ON EACH SIDE, OR WIDER WHERE NEEDED, PLUS DRIVEWAYS AS NEEDED. THE PAVED SURFACE SHALL BE AS DETERMINED BY THE DEPARTMENT OF ENGINEERING SERVICES AND APPROVED BY THE CITY COUNCIL. B. ASSESSMENT POLICY - PROPERTY OWNERS ABUTTING ON EACH SIDE CF THE STREET SHALL BE ASSESSED ON THE FRONT FOOT BASIS AS FOLLOWS: 1. NINETY PERCENT (90;,) OF COST-OF IMPROVEMENTS RELATING TO PAVEMENT FOR ONE -HALF OF THE STREET ABUTTING- PROPERTY. • SUC11 IMrrOVEMEt1ls SHALL INCLUDE EXCAVATION, CALICIIE BASE, SIIELL RASE, LIME STAUILIZED UASC, ASPHALT OIL, ASPHALT SUR- FACE, OR CONCrETE, AND INCLUDC SIX AND ONC -HALF PERCENT (6- 112,1,) OF CCUSTrUCTION COSTS FOP ENGINEERING. 111 CALCULAT- 117G THIS RATE, CREDIT SIIALL DE GIVEN TO THE ABUTTING OWNERS. FOR AN ASSUMED 1V -FOOT WIDE SECTION OF PAVEMENT 11111CII WILL BE AN ASSUMED 9 FEET ABUTTING EACH PROPERTY, WHERE PAVCI•IENT EXISTS. 2. 017E IIUNDRED PERCENT (100",) OF COST OF CONSTRUCTION OF CUP.BS AHD GUTTERS, PLUS SIX AND ONE -HALF PERCENT (6- 11211) OF CONSTRUCTION COSTS FOR ENGINECRIIIG.. - 3. EIGHTY PERMIT (80 ;5) OF COST OF CONSTRUCTION OF SIDEWALK, PLUS SIX AND ONE -HALF PERCENT (6- 112,5) OF CON - STRUCTION COSTS FOE? ENGINEERING. 4. ONE HUNDRED PERCENT (100 ;,) OF COST OF CONSTRUCTION OF DRIVEWAYS, PLUS S.IX AID 011E -HALF` PERCENT (6- 112;x) OF CONSTRUCTION COSTS FOR EF:GIIIEERING. ' -2- • THE ABOVE IIETHOD SHALL BE USED REGARDLESS OF. DEPTH AND SHAPE OF LOT AND ANY PECULIAR CHARACTERISTICS SUBJECTS HOWEVER, TO A FINDING BY THE CITY COUNCIL OF INEQUALITY OR INJUSTICE AND CORRESPONDING ADJUST- MENT. is • CREDIT SHALL BE GIVEN:FOR EXISTING CURBS', GUTTERS] SIDEWALKS AND DRIVEWAYS, IF THEY ACCT THE STANDARDS OF TILE CITY OF CORPUS CHRISTI AT THE TIME OF CONSTRUCTIONS AND FOR THE AMOUNT SHOWN TO HAVE BEEN PREVIOUS- LY 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 COMPUTED ABOVE INCLUDING DRIVEWAYS. ' PROPERTY BACKING ONTO A STREET BEING PAVED WILL BE ASSESSED THE SAME RATE AS ABOVE EXCEPT IF ACCESS IS •PROHIBITED THEN THE RATE WILL BE REDUCED BY 50%- ' WHERE IT BECO14ES NECESSARY TO CONSTRUCT A HEADER CURB ALONG THE PROPERTY LINE OF COMMERCIALLY USED PROPERTIES TO PREVENT VEHICLES FROM PARKING, BACKING OR TURNING ON THE SIDEWALK] THE-HEADER CURB WILL BE 100% ASSESSED, PLUS G -1�Pj OF CONSTRUCTION COSTS FOR ENGINEERINGy 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 ONC- OR T410- rAMILY RESIDENTIAL USE OR IN USE FOR CHURCH OR SCHOOL PURPOSES THEN THE ASSESSbIENT RATE WILL NOT EXCEED th-75 roR CURB AND CUTTER AND PAVEMENT AND 100N OF UIiIVEWAY COST. PROPERTY IN THIS CATE- GORY WHICH SIDES Oil A STREET DEING IMPROVED SHALL BE ASSESSED NOT EXCEEDING 50% OF THE VI-75 RATES AS WELL AS 505' OF SIDEWALKS AND 100%, OF DRIVEWAYS. PROPERTY WHICH IS USED rOR SINGLE- rAMILY PURPOSES AND RACKING ONTO THE STREET BEING IMPROVED WILL NOT BE ASSESSED FOR CURBS, CUTTERS OR PAVEMENTS OUT WILL BE ASSESSED 50,i OF SIDEWALK', INCLUDED IN THE STREET -3- IMPROVEMENT %!HERE NO SIDEWALK EXISTS IN FRONT OF'PROPERTY; . PROVIDED THAT, WHERE THC PROPERTY IS OVER 250 FEET DEEP, THEN THE RATE WILL BE THE SAME AS IF PROPERTY WERE FRONTING THE STREET. THE DETERMINATION OF THE ASSESSMENT RATE SHALL DE 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, RESEPCTIVELY, SHALL DE PAYABLE IN •MONTHLY INSTALLMENTS NOT TO EXCEED SIXTY (00) IN NUMUER, THE FIRST OF WHICH SHALL BE PAYABLE WITHIN TWENTY (ZO) DAYS FROM THE DATE OF THE COMPLCTION OF SAID IMPROVEMENTS AND THEIR ACCEPTANCE BY THE CITY OF CORPUS CHRISTI, AND ONE INSTALLMENT EACH MONTH THEREAFTER UNTIL PAID, TOGETHER WITH INTEREST THEREON AT THE RATE OF SIX AND ONE -HALF PERCENT, WITH THE PROVISION THAT ANY OF SAID INSTALLMENTS MAY BE PAID AT A14Y TIME BEFORE 14ATURITY BY THE PAYMENT OF THE PRINCIPAL AND ACCRUED INTEREST THEREON. ANY PROPERTY OWNER AGAINST WHOM AND AGAINST WliOSE PROPERTY AN ASSESSMENT HAS BEEN LEVIED MAY PAY THE WHOLE ASSESSMENT CHARGEABLE TO HIM WITHOUT INTEREST WITHIN TWENTY • (20) DAYS AFTER THE ACCEPTANCE A14D COMPLETION OF SAID IMPROVEMENTS. PROVIDED, THAT IF THE APPLICATION OF THE ABOVEMEIITIONED RULE • OF APPORT101:MENT BETWEEN PROPERTY OWNERS WOULD, IN THE OP1141ON 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 IN ENHANCED VALUE TO BE RCCEIVED BY EACH OWNER OF SUCH PROPERTY, THE EQUITIES OF OWNERS, AND THE ADJUSTMENT OF SUCH APPORTIONMENT, SO AS TO PRODUCE A SUBSTANTIAL EQUALITY OF UCIIEFITS RECEIVED BY AND BURDENS IMPOSL'D UPON SUCII OWNERS. . THAT NO SUCH ASSESSMENTS SIIALL UE HAVE ACAINST ANY OWNER OF ABUTTING PROPERTY, OR OF A STREET RAILWAY OR STEA14 RAILWAY, IF ANY, UNTIL AFTER THE NOTICE AND HEARING PROVIDED BY LAW, AND NO ASSESSMENT SHALL BE MADE AGAINST AN OWNER OF ABUTTING PROPCRTY IN EXCESS OF THE BENEFITS TO SUCH PROPERTY 114 ENHANCED VALUE TIIEREOF BY MEANS OF SUCH IMPROVEMENTS. FOR THAT PART OF THE COST OF THE IMPROVF.MFUTS THAT SHALL DE DETCRI41NED TO DE LEVIED AGAIAST TIIE 0WNERS OF ABUTTING PROPERTY AND - THEIR PROPERTY SHALL BE LEVIED BY ASSESStiE14T AS HEI:CltJ PROVIDED, AI4D SAID . IMPROVEMENTS MAY FURTHER BE SECURED BY 14ECHANI CIS 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. PAY114C CERTIFICATES EVIDENCING THE ASSESS14EPT SHALL BE ISSUED IN FAVOR OF THE CITY OG CORPUS CHRIS TI FOR THE AMOUNT OF THE ASSESSMENT, WHETHER THE PROPERTY 0WNERS HAVE EXECUTED MECHANIC'S LIENS TO SECURE THE PAYMENT OR NOT, AND SHALL BE PAYABLE FOR THC TURPOSE OF.FI- NANCIUG PAVING IMPROVCMENT COSTS. s THAT THE DIRECTOR OF ENGINEERING SERVICES IS HEREBY DIRECTED TO PREPARE AT ONCE SPECIFICATIONS AND FILE THE SAME WITH THE CITY COUNCIL FOR THE HEREINABOVE DESCRIBED IMPROVEMENTS. THAT IN TICE 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 HEREINABOVE DESCRIBED, IF, IN -THE JUDGMENT OF THECI TY COUNC'I L, IT IS DEEMED ADVISABLE TO REQUIRE SAME. THAT SUCH SPECIFICATIONS SHALL REQUIRE THE BIDDER TO MAKE A DID UPON THE TYPE OF IMPROVEMENTS ABOVE DESCRIBED, WITH MAINTENANCE REQUIREMENTS AS HEREIN. PROVIDED. - - THAT THE SPECIFICATIDNS SHALL ALSO .STATE THE AMOUNT OF THE PERFORMANCE BOND A14D PAYMENT BOND, EACH OF WH1Ctl SHALL EQUAL TIDE AMOUNT OF THC DID, AS WELL AS TIIE METHOD BY WHICH IT IS PROPOSED TO PAY THE COST OF SAID IMPROVEMENTS, SAID METHOD BEING IN ACCORDANCE WITH THIS ORDINANCE. SEC1IO74 j. THE CITY COUNCIL, 114 INITIATING THIS PROCCCUING, IS ACTIVE UIJIJER TICE TERIIS AND PROVISIONS OF TICE ACT PASSED AT THE FIRST CALLED SESSION OF TICE FORT1ET1( LCGISLQTU(IE OF THE- STATE OF TEXAS, AND KNOWN AS CHAPTCR 106 OF THE ACTS OF SAID SESSION, TOGETHER WITH A14Y A14ENDI- IE14TS THERETO, NOW SIIOW1J AS ARTICLE 1105U OF VCRtJ0IJ15 TEXAS CIVIL STATUTES, WHIC11 SAID LAV, AS AN ALTERNATIVE METHOD FOR_•THE CONSTRUCTION OF STREET IMPROVEMENTS IN•TIIE CITY OF CORPUS CHRISTI, TEXAS, HAS BEEN ADOPTED BY THE ,SAI'D CITY. -5- SECTION 11. THAT AFTER APPROVAL BY THE CITY COUNCIL OF PLANS AND SPECIFICATIONS, BIDS SHALL BE TAKE14 FOR THE CONSTRUCTION OF THE WORK FOR THE TYPE OF CONSTRUCTION £NUI:ERATED ABOVE AND SET FORTH IN SAID PLANS AND SPECIFICATIONS, AND TI1E WORK SHALL BE DONE', WITH THE MATERIALS AND',AC,CORDING TO PLANS AND METHODS SELECTED BY THE CITY COUNCIL, AFTER " THE BIDS ARE OPEI4EU AND CONTRACT AWARDED. "- SECTION IT IS FURTHER PROVIDED AS IS STIPULATED BY THE PROVISIONS OF THE CHARTER OF TIIE CITY OF CORPUS CHRISTI, TEXAS, AND THE LAWS ABOVE IDEIITI•FIED, THAT SAID IMPROVEMENTS MAY BE OMITTED IN FRONT OF A14Y PROPERTY EXEMPT FROM THE LIEN OF SPECIAL ASSESS1dENT FOR STREET IMPROVE- MENTS WITHOUT 114VALIVAT114C 012 AFFECTING THE ASSESSMENTS AGAINST TIIE OTHER PROPERTY ABUTTING UPONZAID STREET. FURTIIER, THE CITY SECRETARY OF THE CITY 'OF CORPUS CHRISTI, TEXAS, IS HEREBY AUT14ORIZED AND DIRECTED TO -- -PREPARE A I40TICE IN THE 14AME OF SAID CITY OF ACTION TAKEN HEREIN AND TO ' IIAVC SAME FILED BY TH£ COUNTY CLERK OF NUECES COUNTY, TEXAS, AMONG THE MORTGAGE RECORDS OF SAID COUNTY. SECTION 6. THAT THE NEED FOR PREPARATIO14 OF PLANS AND PROCEEDING WITH IMPROVEMENTS AS HEREIN•PROVIDED AS PROMPTLY kS POSSIBLE CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC114ECESSITY REQUIRING THE SUSPEN- SION 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 B E READ AT THREE SEVERAL MEETINGS OF -THE CITY COUNCIL, AND THE MAYOR, HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, HAVING REQUESTED THE SUSPENSION OF SAID CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE TAKE CFFECT AND BE IN FULL FORCE AND EFFECT / FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE / T DAY OF 1971 - ATTEST: 944�t / G CI Y SEC ET Y MAYOR THE CITY OF C PU CHRISTI, TEXAS APPROVED: /->,V'- DAY OF ? , " . :1971: C Y AT ORNE ! _ CORPUS CHRISTI, TEXAS DAY OF �lL TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTIs 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; 1, 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. RESP-ECTFULL Y, O MAYOR THE CITY OF C RL CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: RONNIE SIZEMORE CHARLES A. BONNIWELL ROBERTO BOSQUEZ .� REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. J.` HOWARD STARK THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: RONNIE SIZEMORE . V-1 CHARLES A. BONNIWELL ✓ ROBERTO BOSQUEZ REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. J. HOWARD STARK vMP:9 /7/77 THE STATE OF TEXAS COUNTY OF NUECES POILAO MACE1561 85'7304 N O T I C E DEED RECORDa� VA408 PAGE88 KNOW ALL MEN BY THESE PRESENTS: THAT THE CITY OF CORPUS CHRISTI, TEXAS, ACTING BY AND THROUGH ITS DULY AUTHORIZED AND ELECTED CITY COUNCIL, ON THE 7ST DAY OF SEPTEMBER, 1971, BY ORDINANCE NO. /044L , DETERMINED THE NECESSITY FOR AND ORDERED THE IMPROVEMENT OF A PORTION OF THE FOLLOWING STREETS: 1. GOLLIHAR ROAD FROM THE CENTER LINE OF KOSTORYZ ROAD TO EXISTING STREET IMPROVEMENTS APPROXIMATELY 700 LINEAR FEET NORTHWEST OF DODY STREET; Z. KOSTORYZ ROAD EAST SIDE ONLY) FROM THE CENTER LINE OF MAHAN DRIVE TO A POINT 65O LINEAR FEET NORTH ON KOSTORYZ ROAD; 3. AYERS STREET FROM THE CENTER LINE OF BALDWIN BOULEVARD TO A POINT APPROXIMATELY 355 LINEAR FEET NORTHEAST ON AYERS STREET; 4. IMPROVEMENTS TO THE NORTHEAST CORNER OF THE BOOTY STREET AND SANTA FE STREET INTERSECTION; 5. EVERHART ROAD FROM THE NORTHEAST CORNER OF THE ALAMEDA STREET INTERSECTION TO A POINT + 765 LINEAR FEET NORTHEAST ON EVERHART ROAD; 6. JOSEPHINE STREET FROM THE CENTER LINE OF WINNEBAGO STREET TO THE CENTER LINE OF LAKE STREET; 7. MCDONALD STREET FROM THE CENTER LINE OF MATLOCK STREET TO A POINT 491 LINEAR FEET SOUTH ON MCDONALD 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, RECON- STRUCTION, REPAIRING OR REALIGNING OF CONCRETE SIDEWALKS, CURBS, GUTTERS, AND DRIVEWAYS 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. 3C(( 200 INACE 1562 THAT ORDINANCE N0. / O �IV„j , PASSED BY THE CITY COUNCIL ON THE IST DAY OF SEPTEMBER, 1971, PROVIDED THAT THE AMOUNTS PAYABLE BY THE REAL AND TRUE OWNERS OF SAID ABUTTING PROPERTY SHALL BE PAID AND BECOME PAY- ABLE 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 ORS 2. TWENTY PERCENT (20°x) CASH WITHIN TWENTY DAYS AFTER THE COMPLE- TION 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 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 OF SIX AND ONE - HALF PERCENT (6 1/2 %) PER ANNUM; OR, 3. PAYMENTS TO BE MADE IN MAXIMUM OF SIXTY (60) EQUAL INSTALL - MENTSj 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 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 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 °2" OR 'T' 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 CON- STITUTE 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 IST DAY OF SEPTEMBERO 1971. CITY :O1` US RIST BY ;0 L 11QJ T. RAY KRIN V, SE RETARY DEED RECORDS VOL1408 PACE883 ^� DEED RECORD* voL1408 PAGES84 Rau 200 iMacE 1563 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 AND ACKNOWLEDGED TO ME THAT HE SIGNED THE SAME IN HIS CAPACITY AS 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 1sT DAY OF SEPTEMBER, 1971. ti1530.... OIAIII OF IExne COUNTY OF NUECES 1 hereby ce" that thls Instrument was FILED on W date and at the time stamped hereon by me; and was dW1 NO RY UBLI C 1 N AND FOR NUECES COIINT'4 o RECORDED. in the Volume and Page of the named RECORDS v TEXAS of Nueces County, Texas, as stamped hereon by me, on''d7'T SEP 2 1971 lCVC [ MGM Ra6Ua, s ,a: lv ce Co =h S4 eph ���� COUNTY CIERN, NUECES COUNTY, TEXA,9 a % - V� ® emuU.. N Em 1 CD QD U. r W ti a - d a�