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HomeMy WebLinkAbout10624 ORD - 12/22/197112/22/71 MC I AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF THE FOLLOWING STREETS IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS: NORTH ALAMEDA FROM THE NORTH RIGHT -OF -WAY LINE OF INTERSTATE 37 TO THE SOUTH RIGHT -OF -WAY LINE OF WEST BROADWAY AND CHIPITO STREET (WEST SIDE ONLY) FROM THE WEST RIGHT-OF -WAY LINE OF NORTH ALAMEDA APPROXIMATELY 1140 L.F. NORTHWARD ON CHIPITO 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 CON- CRETE 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 CON- STRUCTING 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 DE PREPARED BY SAID DIRECTOR OF ENGINEERING SERVICES, SAID STREETS TO BE PAVED AND CURBS AND GUTTERS INSTALLED AS SHOWN ON THE PLANS 10624 1 AND SPECIFICATIONS FOR SUCH IMPROVEMENTS ON FILE IN THE OFFICE OF THE CITY ENGINEER: NORTH ALAMEDA FROM THE NORTH RIGHT —OF —WAY LINE OF INTERSTATE 37 TO THE SOUTH RIGHT —OF —WAY LINE OF WEST BROADWAY AND CHIPITO STREET (WEST SIDE ONLY) FROM THE WEST RIGHT —OF —WAY LINE OF NORTH ALAMEDA APPROXIMATELY 140 L.F. NORTHWARD ON CHIPITO IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS. SECTION 2. THAT THE COST OF SAID IMPROVEMENTS SHALL BE ASSESSED AGAINST 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 (41) WIDE SIDEWALK ON EACH SIDE, OR WIDER WHERE NEEDED, PLUS DRIVE- WAYS 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 OF THE STREET SHALL BE ASSESSED ON THE FRONT FOOT BASIS AS FOLLOWS: 1. NINETY PERCENT (90p) OF COST OF IMPROVEMENTS RELATING TO PAVEMENT FOR ONE —HALF OF THE STREET ABUTTING PROPERTY. SUCH IMPROVEMENTS SHALL INCLUDE EXCAVATIONS CALICHE BASE, SHELL BASE, LIME STABILIZED BASES ASPHALT OILS ASPHALT SURFACE, OR CONCRETE AND INCLUDE SIX AND ONE —HALF PERCENT (6 -1/2%) OF CONSTRUCTION COSTS FOR ENGINEERING. IN 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%) OF COST OF CONSTRUCTION OF CURBS AND GUTTERS, PLUS SIX AND ONE—HALF PERCENT (6 -11z;) OF CONSTRUCTION COSTS FOR ENGINEERING. 3. EIGHTY PERCENT (8Q/`o) OF COST OF CONSTRUCTION OF SIDE - WALK, PLUS SIX AND ONE —HALF PERCENT (6 -1/2p) OF CONSTRUCTION . COSTS FOR ENGINEERING. 4. ONE HUNDRED PERCENT (IOC%) OF COST OF CONSTRUCTION OF DRIVEWAYS, PLUS SIX AND ONE —HALF PERCENT OF CONSTRUCTION COSTS FOR ENGINEERING. THE ABOVE METHOD 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 ADJUSTMENT. CREDIT SHALL BE GIVEN FOR EXISTING CURBS, GUTTERS SIDEWALKS AND DRIVEWAYS IF THEY MEET THE STANDARDS OF THE CITY OF CORPUS CHRISTI i -2- AT THE TIME OF CONSTRUCTION, AND FOR THE A14OUNT 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 COMPUTED ABOVE INCLUDING DRIVEWAYS. PROPERTY BACKING ONTO A STREET BEING PAVED WILL BE ASSESSED THE SAME RATE AS ABOVE EXCEPT IF AC�ESS IS PROHIBITED, THEN THE RATE WILL BE REDUCED BY 5025. WHERE IT BECOMES 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 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 EXCEED $4.75 FOR CURB AND GUTTER AND PAVEMENT AND 10Op OF OR IVE WAY COST. PROPERTY IN THIS CATEGORY WHICH SIDES ON A STREET BEING IMPROVED SHALL BE ASSESSED NOT EXCEEDING Sop OF THE $4.75 RATEI AS WELL AS 50% OF SIDEWALK, AND 100po OF DRIVEWAYS. PROPERTY WHICH IS USED FOR SINGLE - FAMILY PURPOSES AND BACKING ONTO THE STREET BEING IMPROVED WILL NOT BE ASSESSED FOR CURBS GUTTERS OR PAVEMENT, BUT WILL BE ASSESSED 50p 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, THEN 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, RESPECTIVELY SHALL BE PAYABLE IN MONTHLY INSTALLMENTS NOT TO EXCEED 11 -3- SIXTY (60) IN NUMBERS THE 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 Id ONTH THEREAFTER UNTIL PAID, TOGETHER WITH INTEREST THEREON AT THE RATE OF SIX AND ONE —HALF (6 -112 %) PERCENTS WITH THE PROVISION THAT ANY OF SAID INSTALLMENTS MAY BE PAID AT ANY TIME BEFORE MATURITY BY THE PAYMENT OF THE PRINCIPAL AND ACCRUED INTEREST THEREON. ANY PROPERTY OWNER AGAINST WHOM AND AGAINST WHOSE PROPERTY AN ASSESSMENT HAS BEEN LEVIED MAY PAY THE WHOLE ASSESSMENT CHARGEABLE TO HIM 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 WOULDi IN THE OPINION OF THE CITY COUNCILS 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 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 ASSESSMENTS SHALL BE -MADE AGAINST ANY OWNER OF ABUTTING PROPERTY, OR OF A STREET RAILWAY OR 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. FOR THAT PART OF THE COST OF THE IMPROVEMENTS THAT SHALL BE DETERMINED 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 ASSESSMENT, WHETHER THE PROPERTY OWNERS HAVE EXECUTED MECHANIC'S LIENS TO SECURE THE PAYMENT OR NOT, AND SHALL BE PAY- ABLE FOR THE PURPOSE OF FINANCING PAVING IMPROVEMENT COSTS. 9 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 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 HEREINABOVE DESCRIBED, IFS 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 REQUIREMENTS AS HEREIN PROVIDED. THAT THE SPECIFICATIONS SHALL ALSO STATE THE AMOUNT OF THE PERFORMANCE BOND AND PAYMENT BOND, EACH OF WHICH SHALL EQUAL THE AMOUNT OF THE BID, AS WELL AS THE METHOD BY WHICH IT IS PROPOSED TO PAY THE COST OF SAID IMPROVEMENTS SAID METHOD BEING IN ACCORDANCE WITH THIS ORDINANCE. SECTION 3. THE CITY COUNCIL, 114 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 lob OF THE ACTS OF SAID SESSION, TOGETHER WITH ANY AMEND- MENTS THERETO NOW SHOWN AS ARTICLE 11058 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 i THE SAID CITY. SECTION b. 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 SPECIFICATIONS AND THE WORK SHALL BE DONE, WITH THE MATERIALS AND ACCORDING TO PLANS AND METHODS SELECTED BY THE CITY COUNCIL, AFTER THE BIDS ARE OPENED AND CONTRACT AWARDED. SECTION 5. 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 IMPROVE- MENTS WITHOUT INVALIDATING OR AFFECTING THE ASSESSMENTS AGAINST THE OTHER PROPERTY ABUTTING UPON SAID STREET. FURTHERS THE CITY SECRETARY OF THE a -5- 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 SUS- PENSION 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 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 EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE �0'2)l.Q DAY OF O �(�(_Q��7 , ATTEST: CITY SECRETp y MAYOR 4 THE CITY OF CORPOCHRISTI, TEXAS APPROVED: DAY 0 / CITY TTORq EY a CORPUS CHRISTI, TEXAS DAY 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 15 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. RESPECTFULLY, O J MAYOR THE CITY OF CORPtOHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: RONNIE SIZEMORE CHARLES A. BONNIWELL ROBERTO BOSQUEZ, M.D. REV. HAROLD T. BRANCH ! THOMAS V. GONZALES .CJ GABE LOZANO, SR./ J. HOWARD STARK Y THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWIN VOTE: RONNIE SIZEMORE Y CHARLES A. BONNIWELL , ROBERTO BOSQUEZ, M.D. REV. HAROLD T. BRANCH J THOMAS V. GONZALES ✓// GABE LOZANO, SR. J. HOWARD STARK 0 DEED RECORDS 868'784 1 :19 FACE428 • VOi , N O T I C E HUM IMACE1279 THE STATE OF TEXAS 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 22ND DAY OF DECEMBER 1971 j BY ORDINANCE N0. 10624 j DETERMINED THE NECESSITY FOR ANDORDERED THE IMPROVEMENT OF A PORTION OF THE FOLLOWING STREET: NORTH ALAMEDA FROM THE NORTH RIGHT -OF -WAY LINE - -- OF INTERSTATE 37 TO THE SOUTH RIGHT -OF -WAY LINE OF WEST BROADWAY AND CHIPITO STREET (WEST SIDE ONLY) FROM THE WEST } RIGHT -OF -WAY LINE OF NORTH ALAMEDA APPROXIMATELY 140 L.F. NORTHWARD ON CHIPITO WITHIN THE CITY OF CORPUS CHRISTI, NUECES COUNTY 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, 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 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 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. 10625 PASSED BY THE CITY COUNCIL ON THE 22ND DAY OF DECEMBER 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; ORS 2. TWENTY PERCENT (20,1) CASH WITHIN TWENTY DAYS AFTER THE COM- PLETION OF SAID WORK AND ITS ACCEPTANCE BY THE CITY, AND 2O$ 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 -1/2A) PER ANNUM; OR, � Y' =•s:.,.�- .;.,q.. 'i ". .;.x�, .- 'r.t .. . _ ,,:cna: •:>_', - ... . '�: «'� s-- ,`"'Ssi .� ,F•• ,.ra: '.T R011216 INACE 1280 3. PAYMENTS TO BE MADE IN MAXlMUMt,OF SIXTY.'(60) EQUAL INSTALL - i s Y. c e MENTS, THE FIRST OF WHICH SHALL BE PAIDPWITH'I,N TWENTY (20) DAYS AFTER THE COMPLETION OF SAID IMPROVEMENT, AND THE ACCEPTANCE THEREOF BY THE CITY, Zr-- G AND,THE BALANCE -TO BE PAID IN FIFTY - L(59) NINE EQUAL,CONSECUTIVE MONTHLY INSTALLMENTS COMMENCING ON THE 1ST DAY OF THE NEXT SUCCEEDING MONTH AND CONTINUING THEREAFTER ON THE I5T 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 -112u) PER ANNUM; PROVIDED, HOWEVER, THAT THE OWNERS OF SAID PROPERTY AVAILING THEMSELVES OF OPTION "2;t OR 'T' ABOVE SHALL HAVE ,N 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 B T. RAY KRING, CITY SECRETARY, AND THE OFFICIAL SEAL 6F. THE- C175'•jO QE HERETO AFFIXED THIS THE «DAY OF ,19A%j, i .�J, S ®'; ^` � ICI I�'.� y• J�¢�, — CITY OF COR _Wp CHRISTI By Y liw ° , Imo. ,' _• T. RAY I(R I G, C I $ECR TARY M. i$ THE S EXAS 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. Cat VEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE -� DAY OF NOTARY PUBLIC IN AND FOR NUECES COUNTY, TEXAS t EDNA MEADOR " '2 A t '• N919N'Public. In and for Nueces County, Texas DEED'RECORDS Vei141d PAGE44d .. .' n N 0 T I C E RO11214 INUE1777 THE STATE OF TEXAS 867675 KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES Q THAT TIIE CITY OF CORPUS CHRISTI, TEXAS, ACTING BY AND THROUGH E ITS DULY ELECTED AND CONSTITUTED CITY COUNCILS ON THE 22ND DAY OF DECEMBER _[.I, BY ORDINANCE NO. 10624 ! DETERMINED THE NECESSITY FOR ANDORDERED THE IMPROVEMENT OF A PORTION OF THF'FOLLOWING _ STREET: NORTH ALAMEDA FROM THE NORTH RIGHT -OF -WAY LINE OF INTERSTATE 37 TO THE SOUTH RIGHT -OF -WAY LINE OF WEST BROADWAY AND _ CHIPITO STREET (WEST SIDE ONLY) FROM THE WEST RIGHT -OF -WAY LINE OF NORTH ALAMEDA APPROXIMATELY 140 L.F. NORTH4lARD ON CHIPITO WITHIN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, 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, 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 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 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. 10625 PASSED BY THE CITY COUNCIL ON ' THE 22ND DAY OF DECEMBER 1 1_ 971 � 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 ORS 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 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- 112,0) PER ANNUM; OR, ' DLED RECORDS VoAM PACE329 DEED) RECORDS R011214 19ACU778 voL1418 PACE330 rT 3. PAYMENTS TO BE MADE IN MAXI :MUM,OF SIXTY x(60) EQUAL INSTALL - �� ri MENTS, THE FIRST OF WHICH SHALL BE PAID !%71 THI TWENTY:.(20) DAYS AFTER THE C4 � •t COMPLETION OF SAID IMPROVEMENT, AND THEf ACCEVTANCE'THEREOF. BY THE CITY, AND THE BALANCE TO BE PAID IN FIFTY -NINE (9� EQUU�AAL' CONSECUTIVE MONTI,LY INSTALLMENTS COMMENCING ON THE IST DAY OF THE NEXT Z. CCEEDING 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 -112 %) 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 TII4E +� 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 TK OFFICIAL SEAL OF THE CITY TO BE HERETO AFFIXED THIS THE DAY OFca _/�7 1. . CITY OF CO�US IS TI BY� T. RAY KRING, CI SECRFAARY 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. .` w Yu. . �pRy + + +`�0•,. �✓••� '/,I GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE-?-"- DAY OF %;�'.i'•."'.•'.� NOTARY PUBLIC IN AND FOR NUECES COUNTY, �1 ,. �iCr✓U E�C��`` TEXAS v t