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HomeMy WebLinkAbout10787 ORD - 04/12/1972JRR/Mc 11/10/72 1ST HDLL230 NUU501. N 0 T I C E DEED RECORDS VOL1428 PACE126 i THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES N THAT THE CITY OF CORPUS CHRISTI, TEXAS ACTING BY AND THROUGH ITS DULY ELECTED AND CONSTITUTED CITY COUNCIL, ON THE /a, DAY OF 9�727 ' BY ORDINANCE NO. 60 CIO p 7 DETERMINED THE NECESSITY FOR AND ORDERED THE IMPROVEMENT OF A PORTION OF THE FOLLOWING STREETS: 1. MORAVIAN DRIVE, FROM PADRE ISLAND DRIVE TO MCARDLE ROAD. 2. BEECHCRAFT, FROM POST AVENUE TO RYAN STREET. 3. FLEET AVENUE, FROM RYAN STREET TO BEECHCRAFT AVENUE. 4. FAIRCHILD STREET, FROM POST STREET TO VIRGINIA STREET. 5. CUB STREETS FROM POST STREET TO VIRGINIA STREET. 6. LOCKHEED STREET, FROM POST STREET TO VIRGINIA STREET. 7. WRIGHT STREET, FROM POST STREET TO VIRGINIA STREET. B. STINSON STREET, FROM POST STREET TO VIRGINIA STREET. 9. BRANIFF STREETS FROM POST STREET TO VIRGINIA STREET. 10. EASTERN STREET, FROM POST STREET -OLD ROBSTOWN ROAD INTERSECTION TO VIRGINIA STREET, 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 CONSTRUC- TION, RECONSTRUCTIONS 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 ANY7 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 DIRCCTOR OF PUBLIC WORKS. RX230 &H1502 THAT ORDINA14CE NO. 1402 ,P7 PASSED BY THE CITY COUNCIL ON THE DAY OF v � 1,m' 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 (U- 1 /2.in) PER ANNUM; OR, 3. PAYMENTS TO DE MADE IN MAXIMUM OF SIXTY (60) EQUAL INSTALL- MENTS, THE FIRST OF WHICH SHALL UC PAID WITHIN TWENTY (20) DAYS AFTER THE COMPLETION OF SAID IMPROVEMENTS AND 7I1E 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 COI-IPLET1014 AND ACCEPTANCE BY THE CITY UNTIL PAID, AT THE RATE OF SIX AND ONE —HALF PERCE14T (6- 112,5) 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 TINE BEFORE MATURITY THEREOF BY PAYING THE TOTAL AMOUNT OF PRINCIPAL DUE, TOGETHER WITH INTEREST ACCRUED, TO THE DATE OF PAYMENT. AND SAID ORDINA14CE FURTHER PROVIDED THAT THE AMOUNTS PAYABLE BY THE ABUTTING PROPERTY, AND THE REAL AND TRUE OWNERS THEREOF, TO BE ASSESSED AGA114ST SAID PROPERTY AND SAID TRUE OWNERS THEREOF SHALL CONSTITUTE A FIRST AND PRIOR LIEN ON SUCH ABUTTING PROPERTY A14D A PERSONAL LIABILITY OF THE REAL AND TRUE OWNERS THEREOF. -2- DEED RECORDS VOL1428 PACE-127 DEED RECORDS VOL1428 FAG428 ,ML236 ih1dM03 TIiEREFORE, THE CITY OF CORPUS CHRISTI, TEXAS, HAS CAUSED THIS NOTICE TO DE FILED B T. RAY KRING, CITY SECRETARY, AND THE OFFICIAL SEAL OF THE CITY TO BE HERETO AFFIXED THIS THE —ZIL DAY OF CITY OF CO C ISTI BY (fit T. RAY KRING, CI T SECR TARY J THE STATE OF TEXAS COUNTY OF NUECES BEFORE ME, THE UNDERSIGNED AUTHORITY, 014 THIS DAY PERSONALLY APPEARED T. RAY KRING, CITY SECRETARY OF THE CITY OF CORPUS CHRISTI, KNOWN TO ME TO BE THE PERSON WHOSE HAMS IS SUBSCRIBED TO THE FOREGOING INSTRUMENT A14D ACKNOWLEDGED TO HE TIIAT 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 'DAY OF N ARY IT-OM L I C IN, AND FOR PIUECES COUNTY- �t TEXAS ..'� Jam•., R:,..�,�,�,y,.;,S�.: JOYCE K. HALE ......,... p s r TTogty paNla, is pad fn Nuxo County. 1'uaE'':;;.di*'A Q N N. .Y Q � i ■IAU Of IIAAN COUNTY OF NUECE9 1 I hereby certify that this Instrument was FILED on llM data and at the time stamped hereon by me: and was dutj RECORDED, in the Volume and Page of the named RECORDI at Nueces County. Texas. as stamped hereon by me, on APR 13 1972 t? coe j `�����'COUVVVVNTY CLERK. No" COUNIY. MA" C ti 1 o W f JRR/Mc 44/10/72 1ST ' AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF THE FOLLOWING STREETS IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS: 1. MORAVIAN DRIVE, FROM PADRE ISLAND DRIVE TO MCARDLE ROAD. 2. BEECHCRAFT, FROM POST AVENUE TO RYAN STREET. 3. FLEET AVENUE, FROM RYAN STREET TO BEECHCRAFT AVENUE. 4. FAIRCHILD STREET, FROM POST STREET TO VIRGINIA STREET. 5. CUB STREET, FROM POST STREET TO VIRGINIA STREET. 6. LOCKHEED STREET, FROM POST STREET TO VIRGINIA STREET. 7. WRIGHT STREET, FROM POST STREET TO VIRGINIA STREET. 8. STINSON STREET, FROM POST STREET TO VIRGINIA STREET. 9. BRANIFF STREET, FROM POST STREET TO VIRGINIA STREET. 10. EASTERN STREET, FROM POST STREET -OLD ROBSTOWN ROAD INTERSECTION TO VIRGINIA 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 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 f 10'70 AND SPECIFICATIONS FOR SUCH IMPROVEMENTS ON FILE IN THE OFFICE OF THE CITY ENGINEER: 1. MORAVIAN DRIVES FROM PADRE ISLAND DRIVE TO MCARDLE ROAD. 2. BEECHCRAFT, FROM POST AVENUE TO RYAN STREET. FLEET AVENUE, FROM RYAN STREET TO BEECHCRAFT AVENUE. FAIRCHILD STREET] FROM POST STREET TO VIRGINIA STREET. 5. CUB STREET, FROM POST STREET TO VIRGINIA STREET. 6. LOCKHEED STREET, FROM POST STREET TO VIRGINIA STREET. 7. WRIGHT STREET, FROM POST STREET TO VIRGINIA STREET. 8 STINSON STREET, FROM POST STREET TO VIRGINIA STREET. 9.. BRANIFF STREET, FROM POST STREET TO VIRGINIA STREET. 10. EASTERN STREET, FROM POST STREET -OLD ROBSTOWN ROAD INTERSECTION TO VIRGINIA STREET. 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 (2') OF CURB AND GUTTER SECTION ON EACH SIDES A MINIMUM OF FOUR - FOOT (4') 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 (9Op) OF COST 'OF IMPROVEMENTS RELATING TO PAVEMENT FOR ONE -HALF OF THE STREET ABUTTING PROPERTY. SUCH IMPROVEMENTS SHALL INCLUDE EXCAVATION, CALICHE BASE, SHELL BASE, LIME STABILIZED BASE, ASPHALT OIL' ASPHALT SURFACE, OR CONCRETE, AND INCLUDE SIX AND ONE -HALF PERCENT (6 -1/2/) OF CONSTRUCTION COSTS FOR ENGINEERING. IN CALCULATING THIS RATES 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 -1/2 %) OF CONSTRUCTION COSTS FOR ENGINEERING. 3. EIGHTY PERCENT (80%) OF COST OF CONSTRUCTION OF SIDE - WALK, PLUS SIX AND ONE -HALF PERCENT (6 -1/2 %) OF CONSTRUCTION COSTS FOR ENGINEERING. 4. ONE HUNDRED PERCENT 100%) OF COST OF CONSTRUCTION OF DRIVEWAYS, PLUS SIX AND ONE -HALF PERCENT (6 -1/2 %) 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 TI{EY MEET THE STANDARDS OF THE CITY OF CORPUS CHRISTI -2- 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 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 50j'. 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 tOOp 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 A14D 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 100,0' OF DRIVEWAY COST. PROPERTY IN THIS CATEGORY WHICH SIDES ON A STREET BEING IMPROVED SHALL BE ASSESSED NOT EXCEEDING 50% OF THE $4.75 RATE, AS WELL AS 50% OF SIDEWALK, AND 100% 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 PAVEMENTS BUT WILL BE ASSESSED 50v 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 -3- SIXTY (60) IN NUMBER, 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 MONTH THEREAFTER UNTIL PAID, TOGETHER WITH INTEREST THEREON AT THE RATE OF SIX AND ONE-HALF (6 -1/2%) PERCENT, WITH THE PROVISION THAT ANY OF SAID INSTALLMENTS MAY BE PAID AT ANY TIME BEFORE MATURITY BY THE PAYMENT OF THE PRI14CIPAL 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 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 IN ENHANCED VALUE TO BE RECEIVED BY EACH OWNER OF SUCH PROPERTY, THE EQUITIES OF OWNERS, AND THE ADJUSTMENT OF SUCH APPORTIONMENTP 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 RAILWAYS IF ANYp 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 MECHANICS 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 ASSESSMENTS WHETHER THE PROPERTY OWNERS HAVE EXECUTED MECHANICS LIENS TO SECURE THE PAYMENT OR NOT, AND SHALL BE PAY- ABLE FOR THE PURPOSE OF FINANCING PAVING IMPROVEMENT COSTS. 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 DEE14ED 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 BONDS 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, 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 AMEND- MENTS THERETO, NOW SHOWN AS ARTICLE 1105B 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 SPECIFICATIONS, AND THE WORK SHALL BE DONE, WITH THE MATERIALS AND ACCORDING TO PLANS AND METHODS SELECTED BY THE CITY COUNCILS 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 -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 IAYJI DAY OF ATTEST: Q y CITY SECRETARY MAYOR THE CITY OF CORPS CHRISTI, TEXAS APPROVED: I Z DAY OF { •// CITY ATTORNEY /'� CORPUS CHRISTI, /TTEEX�A'S�' gas DAY OF 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. RE LLY, J MAYOR THE CITY OF CORP S RISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: BONNIE SIZEMORE CHARLES A. BONNIWELL / ROBERTO BOSwUEZ, M.D. REV. HAROLD T. BRANCH •� L ^C[.C�L� -C�1 THOMAS V. GONZALES GABE LOZANO, SR. j J. HOWARD STARK THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: RONNIE SIZEMORE CHARLES A. BONNIWELL ROBERTO BOSQUEZ, M.D. REV. HAROLD T. BRANCH (/ �tiL�¢ -•e�L THOMAS V. GONZALES /✓/ GABE LOZANO, $R. J. HOWARD STARK