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HomeMy WebLinkAbout10950 ORD - 07/05/1972M JRR:jkh:6- 30 -72; 1st 1 AN ORDINANCE DETEMAINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF THE FOLLOWING STREETS IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS: 1. Richter Street, from South Padre Island Drive to a point 558.6 feet+ beyond Sokol Road or from South Padre Island Drive for approximately 2,430 feet to include the N.W. 98 feet of Lot 1, Block 2, Southland Estates; 2. Johanna Street, from Richter Street to Ayers Street; 3. Milo Street, from Richter Street to Ayers Street;' 4. Sacky Drive, from Richter Street to Ayers Street; 5. Sokol Drive, from Richter Street to Kostoryz Road; and 6. Hygeia Street, from Ayers Street to Municipal Service Center Road or from the center line of Ayers Street southeastwardly for a distance of approximately 763.7 feet; 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 PERMA14ENTLY 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 DE PAVED AND CURDS AND GUTTERS INSTALLED AS SHOWN ON THE PLANS 10950 • AND SPECIFICATIONS FOR SUCH IMPROVEMENTS ON FILE IN THE OFFICE OF THE DIRECTOR OF ENGINEERING SERVICES: 1. Richter Street, from South Padre Island Drive to a point 558.6 feet+ beyond Sokol Road or from South Padre Island Drive for approximately 2,430 feet to include the N.W. 98 feet of Lot 1, Block 2, Southland Estates; 2. Johanna Street, from Richter Street to Ayers Street; 3. Milo Street, from Richter Street to Ayers Street; 4. Sacky Drive, from Richter Street to Ayers Street; 5.. Sokol Drive, from Richter Street to Kostoryz Road; and 6. Hygeia Street, from Ayers Street to Municipal Service Center Road or from the center line of Ayers Street southeastwardly for a distance of approximately 763.7 feet. 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 (ZI) 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 ENG114EERING SERVICES AND APPROVED BY THE CITY COUNCIL. 13. ASSESSMENT POLICY - PROPERTY OWIIERS ABUTTING ON EACH SIDE OF THE STREET SHALL BE ASSESSED ON THE FRONT FOOT BASIS AS FOLLOWS: 1. NINETY PERCENT (90o) 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- 1/2,0) 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 OC)0`��) OF ,COST OF CONSTRUCTION OF CURDS 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,i') OF CONSTRUCTION COSTS FOR ENGINEERING. II. ONE HUNDRED PERCENT (lOOi) OF COST OF CONSTRUCTION OF DRIVEWAYS, PLUS SIX AND ONE -HALF PERCENT (6 -1 /2p) 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 BE GIVEN FOR EXISTING CURDS, GUTTERS, SIDCWALKS AND DRIVEWAYS, IF THEY MEET THE STANDARDS OF TIIC CITY OF CORPUS CHRISTI -2- • AT T11E T114C OF CONSTRUCTION, AND FOR THE AMOUNI SHOWN TO HAVE BEEN PREVIOUSLY SPENT FOR PERMANENT TYPE PAVEMENT BY THE ABUTTING PROPERTY 011NER, IN EXCESS OF THE 5 -FOOT WIDE PAVEMENT CREDIT ABUTTING THE PROPERTY AS DESCRIBED ABOVE. PROPERTY WHICH SIDES ALONG THE STREET BEING IMPROVED SHALL BE ASSESSED THE RATE COMPUTCD 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 50i WHERE IT BECOMES NECESSARY TO CONSTRUCT A HEADER CURB ALONG T FIE 'P R OPER TY'LI HE 'DF 'COMME R'C I`A L L Y U5ED - P ROPE RT I ES "T0'P REV ENT V E H 1`C L E S FROM PARKING) BACKING OR TURNING ON THE SIDEWALK, THE HEADER CURB WILL ' BE 100p ASSESSED, PLUS 6 -1/2 ,co OF C0115TRUCTION 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 $+.75 FOR CURB AND GUTTER AND PAVEMENT AND 100JO OF DRIVEWAY COST. PROPERTY IN THIS CATEGORY WHICH SIDES ON A STREET BEING IMPROVED SHALL BE ASSESSED NOT EXCEEDING 505 OF THE 4+•75 RATE, AS WELL AS 50° OF SIDEWALK, AND 1000 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 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] 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 agT 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 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. FROVIDED, 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 14AY 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 LAWS 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 PIEANS 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 ASSE55MENT 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 TERhIS 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 NOTE 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) IFj IN THE JUDGMVNT 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 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 COUNCILS 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 11058 OF VERNON'S TEXAS CIVIL STATUTES WHICH SAID LAW, AS AN ALTERNATIVE 14ETHOD 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 SPECIFICATIONSj AND THE WORK SHALL BE DONEE 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 WITIIOUT INVALIDATING OR AFFECTING THE ASSESS14ENTS AGAINST THE OTHER PROPERTY ABUTTING UPON SAID STREET. FURTHERS THE CITY SECRETARY OF THE -5- CITY OF CORPUS CHRISTI, TEXAS, IS HEREBY AUTHORIZED AND DIRECTCD TO PREPARE A NOTICE IN THE NAME OF SAID CITY OF ACTION TAKEN HEREIN AND TO HAVE SAFIE FILED BY THE COUNTY CLERK OF IJUECES 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 F114ALLY 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 5.�� DAY OF 144f= -1 ATTEST: O ITY SECRETARr l ru+7urt / / THE CIT OF COR S CFIRISTI, TEXAS APPROVED: y 1 � DAY OF CITY AT 0 NEY ` CORPUS CHRISTI, TEXAS • " 3 DAY OF �9Z1 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. ("'o • aRESPECLY, ' 0—co nA MAYOR THE CITY 9 CORP RIST1, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: �• - RONNIE SIZEMORE • CHARLES A. BONNIWELL ./ ROBERTO BOSQUEZ, M.D. ez if REV. HAROLD.T. BRANCH Y THOMAS V. GONZALES "" '/ " GABE LOZANO, SR. J. HOWARD STARK / / /TyA THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWIN�E VOTE: RONNIE SIZEMORE e. _ CHARLES A. BONNIWELL - -- -- - ROBERTO BOSQUEZ, M.D. REV. HAROLD T. BRANCH ✓ THOMAS V. GONZALES ✓ ' GABE LOZANO, SR. ✓ J. HOWARD STARK ipp�Q_ Cron le 885 23 ROLL241 IMACU450 NO T I C E 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 OUL-Y ELECTED AND CONSTITUTED CITY COUNCIL, ON THE 5th DAY OF July 1 1972 , BY ORDINANCE No. o 1 DETERMINED THE NECESSITY FOR AND ORDERED THE , IMPROVEMENT OF A PORTION OF THE FOLLOWING STREET: 1. Richter Street, from South Padre Island Drive to a point 558.6 feet+ beyond Sokol Road or from South Padre Island Drive for approximately 2,430 feet to include the N.W. 98 feet of Lot 1, Block 2, Southland Estates; 2. Johanna Street, from Richter Street to Ayers Street; 3. Milo Street, from Richter Street to Ayers Street; 4. Sacky Drive, from Richter Street to Ayers Street; 5. Sokol Drive, from Richter Street to Kostoryz Road; and 6. Hygeia Street, from Ayers Street to Municipal Service Center Road or from the center line of Ayers Street southeastwardly for a distance of approximately 763.7 - feet 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 realigding 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. That Ordinance No./ P � % , passed by the City Council on the 5th day of July, 1972, 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: DEED RECORDS VOL1435 PACE647 DEED RECORDS RO(L241 INCE145i V0L1435 PAGE648 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 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 (0 -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 1ST 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 -1Ie.) 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 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 J RE m DAY OF CITY OF C S HRIST ?70 BY , T. RAY KRI G, Y SEC ETARY -2- m THE STATE OF TEXAS ) COUNTY OF NUECES ) - GRL241 INACEi452 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 THEXdl DAY OF �;' '. ;,. ���'"• i *�y NOTARY PUBLIC IN AND FOR NUECES COUNTY, TEXAS EDNA MEADOR Notary Public, In and for Nueces County, Texas ■IAle OF FLLM COUNTY OF NUECES I hereby Willy that this Instrument was FIISD on tAa date and at the time stamped hereon by me, and was dull RECORDED, In the Volume and Page of the named RECORDI of Nuaces County, Texas, as stamped hereon by ma, on JUL 6 1972 tea' COUNTY CLERK, NUfCEi COUNTY, TEJIAa , N °V O S 8 (� n6 w IL ® UJ Or X w' ° W. O L) DEED RECORDS VOL1435 PAGE649 • 0 77 i "I JMv. AI ; POIL242 1NACU667 886532 DEED RECORDS NO T I C E VOL1` 35 PAGE' 490 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 5th DAY OF July 1972 , BY ORDINANCE NO. d ,© , DETERMINED THE NECESSITY FOR AND ORDERED THE IMPROVEMENT OF A PORTION OF THE FOLLOWING STREET: 1. Richter Street, from South Padre Island Drive to 4!jtccl��� a point 558.6 feet+ beyond Sokol Road or from , South Padre Island Drive for approximately 2,430 t' I't feet to include the N.W. 98 feet of Lot 1, Block Southland Estates; 2. Johanna Street, from Richter Street to Ayers Stree gCR NY" s, 3. Milo Street, from Richter Street to Ayers Street; �•9 5J 4. Sacky Drive, from Richter Street to Ayers Street; 5. Sokol Drive, from Richter Street to Kostoryz Road; and 6. Hygeia Street, from Ayers Street to Municipal Service Center Road or from the center line of Ayers Street southeastwardly for a distance of approximately 763.7 feet 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. That Ordinance No. �/i �1 J� , passed by the City Council on the 5th day of July, 1972, 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: z RUM 1MACU668 1. ALL IN CASH WITHIN TWENTY (20) DAYS AFTER COMPLETION AND ACCEPTANCE BY THE CITY; ORS Z. 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 -1/2 %) PER ANNUM; ORS 3. PAYMENTS TO BE MADE IN MAXIMUM OF SIXTY (6O) 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 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 -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 ALLY 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, TEXASy 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 j " DAY OF � J CITY OF CO CH S /� BY / T. RAY KR CRETA Y -2- DEED RECORDS: vcJ436 PAGE491 DEED RECORDS vod436 PACE 492 THE STATE OF TEXAS ) 80LL242 !flAGEi669 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 c/.(il'L�DAY OF ��� ~•, •. :x_ w, ;0.';t "•'; d _ NOTARY PUBLIC IN AND FOR NUECES COUNTY, c��1c TEXAS ;oF;;ic�'y EDNA MEA DO R Notary Public, In and for Nu s County, Texas M ° s °o cc: 131 ° x 1t3 w rr► T� m �.q a AIAII OF CUM COUNTY OF NUECES I hereby certify that thh Instrument was FIND am DM date and at the time stamped hereon by me; grid was dull RECORDED. In the Volume and Page of the named RECORD of NeaCes County. Texas. as stamped hereon by me. on JUL 3.4 1972 jjypg4 Ca non COUNTY CLERK, NUECLa COUNTY. IEAM z (� I� 14 I� 1 t r i ov� . f � raa�lr "I 03.113 } f_. a