HomeMy WebLinkAbout11915/11916 ORD - 02/20/1974JRP.:jkh:2- 20 -74; 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. Mary Street, from the west right of way line of
19th Street to the intersection of South Port
Avenue;
2. Morris Street, from the west right of way line
of 19th Street to the east right of way line of
Bluntzer'Srtreet;
3. Ruth Street, from the west right of way line
of 19th Street to the intersection of South
Port Avenue;
4. Buford Street, from the west right of way line of
17th Street to the intersection of South Port
Avenue;
5. Bluntzer Street, from the north right of way line
of Buford Street to the south right of way line
of Mary Street;
6. Howard Street, from west right of way line of
19th Street to Chico Street intersection;
7. 20th Street, from the north right of way line of
Morris Street to the south right of way line of
Mary Street;
REQUIRING THE DIRECTOR OF ENGINEERING & PHYSICAL
DEVELOPMENT TO PREPARE AND FILE PLANS AND SPECIFICA-
TIONS; REQUIRING THE CITY SECRETARY TO FILE A 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 perma-
nently 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
and Physical Development 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 and
Physical Development and as provided for in the plans and specifications
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for such improvements to be prepaired by said Director of Engineering and
Physical Development, said streets to be paved and curbs and gutters
installed as shown on the plans and specifications for such improvements
on file in the office of the Director of Engineering and Physical Development:
1. Mary Street, from the west right of way line of
19th Street to the intersection of South Port
Avenue;
2. Morris Street, from the west right of way line
of 19th Street to the east right of way line of
Bluntzer Street;
3. Ruth Street, from the west right of way line
of 19th Street to the intersection of South
Port Avenue;
4. Buford Street, from the west right of way line of
17th Street to the intersection of South Port
Avenue;
5. Bluntzer Street, from the north right of way line
of Buford Street to the south right of way line
of Mary Street;
6. Howard Street, from west right of way line of
19th Street to Chico Street intersection;
7. 20th Street, from the north right of way line of
Morris Street to the south right of way line of
Mary 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 side, a minimum of four -
foot (4') 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 S Physical Development 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 (90 %) 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 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 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.
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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.
5. Where churches abut on two streets and double frontages
are indicated, then the assessment rate for the church shall be
reduced to 50% of the residential rate on the street which the
improvements physically side; the determination as to whether
the property is siding will be dependent upon the actual location
of improvements on the property.
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 shell be given for existing curbs, gutters, sidewalks
and driveways, if they meet the standards of the City of Corpus Christi
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 50%.
Where it becomes necessary to construct a header curb along the
property line of commercially used properties to prevent vehicles from park-
ing, 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 100% 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 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
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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 SHALL BE
PAYABLE IN MONTHLY INSTALLMENTS NOT TO EXCEED SIXTY (E0) IN NUMBER, THE FIRST
OF WHICH SHALL BE PAYABLE WITHIN THIRTY (30) DAYS FROM THE DATE OF 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 FIVE AND ONE - QUARTER (5 1/4%) 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. THE TOTAL NUMBER OF MONTHLY INSTALL-
MENTS ON OWNER OCCUPIED PROPERTY MAY BE EXTENDED BEYOND SIXTY (60) IN NUMBER SO
THAT, AT THE OFNER'S REQUEST, THE TOTAL MONTHLY PAYMENTS WILL NOT EXCEED TEN
($10.00) DOLLARS PER MONTH. 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 THIRTY '(30) DAYS AFTER THE ACCEPTANCE AND COM-
PLETION OF SAID IMPROVEMENTS.
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 A- SSESS14ENT SHALL BE ISSUED IN FAVOR OF THE CITY OF CORPUS
CHRISTI FOR THE AMOUNT OF THE ASSESSMENT, 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.
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That the Director of Engineering and Physical Development
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 improve-
ments hereinabove described, if, 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 IIPROVEMENTS 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, 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 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 COUNCIL, AFTER
THE BIOS ARE OPENED AND CONTRACT AWARDED.
SECTION 5. THAT IT IS FURTHER PROVIDED AS 15 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. FURTHER, THE CITY SECRETARY OF THE
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 SANE 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 1u DAY OF ,
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ATTEST:
"a--".__
C TY SECRETA MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
APPROVED:
DAY OF,1'' /
�f CI Y ATTORNEY
Corpus Christi, Texas
dC/ay 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.
Respectfully,
MAYOR,,''
THE CITY OF CORPUS CHRISTI, TEXAS
The Charter rule was suspended by the following vote:
Jason Luby
James T. Acuff
zC(
Rev. Harold T. Branch
1 �C"L—
Thomas V. Gonzales
//
Ricardo Gonzalez
Gabe Lozano, Sr.
J. Howard Stark
/
The above ordinance was passed
by the following vote:
Jason Luby
James T. Acuff
Rev. Harold T. Branch
Thomas V. Gonzales
Ricardo Gonzalez
Gabe Lozano, Sr.
J. Howard Stark
n Eti r
THE STATE OF TEXAS X
COUNTY OF NDECES X
{)CEO 12ECOHDS
VOL148 ! PAA210
937366
NOTICE 8911312RAU 481
KNOW ALL MEN BY TRESE PRESENTS:
That the City of Corpus Christi, Texas, acting by and through its
duly elected and constituted City Council, on the 20th day of February, 1974,
by Ordinance No. /l 1 1S determined the necessity for and ordered the improve-
ment of a portion of the following streets:
1. Mary Street, from the west right of way line of
19th Street to the intersection of South Port
Avenue;
2. Morris Street, from the west right of way line
of 19th Street to the east right of way line of
Bluntzer Street;
3. Ruth Street, from the west right of way line
of 19th Street to the intersection of South
Port Avenue;
4. Buford Street, from the west right of way line of
17th Street to the intersection of South Port
Avenue;
5. Bluntzer Street, from the north right of way line
of Buford Street to the south right of way line
of Mary Street;
6. Howard Street, from west right of way line of
19th Street to Chico Street intersection;
i.
20th Street, from the north right of :;ay line of
Morris Street to the south right of way line of
Mary 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 and Physical Development 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 and Phvsical Development and as provided
for in the plans and specifications for such improvements thereof as prepared
by said Director of Engineering and Physical Development.
That Ordinance No. // f/44 , passed by the City Council on the 20th
day of February, 1974, 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:
0 ROIL312IMACE 482
1. All in cash within thirty (30) days after completion and
acceptance by the City; or,
2. Payment in monthly installments not to exceed sixty (60) in
number, the first of which shall be payable within thirty (30) days from 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 five and one - quarter (5 1/47) percent, with the provi-
sion that any of said installments may be paid at any time before maturity by
the payment of the principal and accrued interest thereon. The total number of
monthly installments on owner- occupied property may be extended beyond sixty
(60) in number so that, at the owner's request, the total monthly payments will
not exceed Ten Dollars ($10.00) per month. 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 thirty (30) days after
the acceptance and completion of said improvements. 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 they ° day of February, 1974.
CITY OF CORPUS CHRISTI
By.
T. Ray Rring
City Secretarr
THE STATE OF TEXAS
COUNTY OF NUECES X
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
S^_crstary fcr the p:3rposes aaa 3on ld. -ration tl°crein a _rrcos< ^d, and an the
act and deed of said City of Corpus Christi, Texas.
F� r "f'(j�, GIVEN UNDER MY HAND AND SEAL OF OFFICE, this theaO ay of
�'Feb�uarn, 1974.
-k �c
Glt'ATE OF TEXAS Notary Public in and for Nueces County,
:�'..•' WUNTY OF NUECES
O�;' ••••••' E5 Texas too
Iherebycety that his lnstmmed Was FlLEDonthe Fn.EDFon RECORD
date and at the time stamped hereon by me; and was duly
1 RECORDED, in the Volume a Page of the named RECORDS FEB 2U A 3 H'74
Nueces County. Texas, as stamped hereon by me. on "1 3v 111 1
FEB 21 1974
• °' %•�- -' I�ut +1� tC`LFB8Ii1kGFSCO>vIIYTEC
a_-
i'� a �
LM LERK, RECORDS
NUECES CDUNTY, TEXTS c� o\
VOL1487 PAGE123
N O T I C E
THE STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF NUECES X
That the City of Corpus Christi, Texas, acting by and through its
duly elected and constituted City Council, on the 20th day of February, 1974,
by Ordinance No. /,y determined the necessity for and ordered the improve-
ment of a portion of the following streets:
1. Mary Street, from the west right of way line of
19th Street to the intersection of South Port
Avenue;
2. Morris Street, from the west right of way line
of 19th Street to the east right of way line of
Bluntzer Street;
3. Ruth Street, from the west right of way line
of 19th Street to the intersection of South
Port Avenue;
4. Buford Street, from the west right of way line of
17th Street to the intersection of South Port
Avenue;
5. Bluntzer Street, from the north right of way line
of Buford Street to the south right of way line
of Mary Street;
6. Howard Street, from west right of way line of
19th Street to Chico Street intersection;
7. 20th Street, from the north right of way line of
Morris Street to the south right of way line of
Mary 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 and Physical Development 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 and Physical Development and as provided
for in the plans and specifications for such improvements thereof as prepared
by said Director of Engineering and Physical Development.
That Ordinance No. passed by the City Council on the 20th
day of February, 1974, 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 theft •
y (30) days after completion and
acceptance by the City; or,
2. Payment in monthly installments not to exceed sixty (60) in
number, the first of which shall be payable within thirty (30) days from 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 five and one - quarter (5 1/47) percent, with the provi-
sion that any of said installments may be paid at any time before maturity by
the payment of the principal and accrued interest thereon. The total number of
monthly installments on owner- occupied property may be extended beyond sixty
(60) in number so that, at the owner's request, the total monthly payments will
not exceed Ten Dollars ($10.00) per month. 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 thirty (30) days after
the acceptance and completion of said improvements. 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 Bring, City Secretary, and the official seal of
the City to be hereto affixed this the_,;J�day of February, 1974.
CITY OF CORPUS CHRISTI
By ,
T. Ray Kri?i
City Secret ry
THE STATE OF TEXAS Y
COUNTY OF NUECES
BEFORE ME, the undersigned authority, on this day personally
appeared T. RAY BRING, 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 "day of
February, 1974.
Li6�z AIJ)
Notary Public in and for Nueces County,
Texas