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HomeMy WebLinkAbout05649 ORD - 01/20/1960BWS :JKH :1 -18 -60 . • AN ORDINANCE CREATING A SIDEWALK DISTRICT CONSISTING OF THE SOUTH SIDE OF BRAWNER PARKWAY, BETWEEN KOSTORYZ ROAD SOUTHEAST TO CARROLL LANE, WITHIN THE CITY LIMITS OF THE_CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; PROVIDING FOR THE CONSTRUCTION OF CURBS, GUTTERS AND SIDEWALKS THEREON BY MAKING DEMAND OF THE U ING PROPERTY OWNERS-THAT SUCH CURBS, GUTTERS AND SIDEWALKS BE BUILT; PROVIDING THAT IN CASE OF FAILURE TO CONSTRUCT SAID CURBS SIDEWALKS AND GUTTERS AFTER NOTICE THAT CONSTRUCTION BE MADE BY THE CI ; PROVIDING A PROCEDURE FOR FILING AND FIXING OF LIEN; ND DECLARING AN EMERGENCY. WHEREAS, PUBLIC POLICY MAKES IT NECESSARY THAT CURBi, GUTTERS AND SIDEWALKS BE CONSTRUCTED ALONG THE SOUTH SIDE OF BRAWNER PARKWAY, BETWEEN KOSTORYZ ROAD AND CARROLL LANE, WHICH STREET WAS FORMERLY NAMED NEWTON STREET BUT CHANGED BY ORDINANCE NO. 5632 TO BRAWNER PARKWAY,FOR THE USE OF THE GENERAL PUBLIC; AND WHEREAS, IN NUMEROUS INSTANCES WITHIN THIS DISTRICT ALONG THIS STREET SUCH CURBS, GUTTERS, AND SIDEWALKS DO NOT EXIST: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THE SIDEWALK DISTRICT IS HEREBY CREATED WITHIN THE CITY LIMITS OF THE CITY OF CORPUS CHRISTI FOR THE SOUTH SIDE OF BRAWNER PARK- WAY, BETWEEN KOSTORYZ ROAD AND CARROLL LANE. SECTION 2. THAT ALONG THE SOUTH SIDE OF SAID STREET WITHIN SAID DISTRICT IT IS HEREBY REQUIRED THAT CURBS, GUTTERS AND SIDEWALKS BE CON- STRUCTED IN ACCORDANCE WITH THE GRADE AND REQUIREMENTS PROVIDED IN THE CORPUS CHRISTI CITY CODE, 1958, AND AS ESTABLISHED BY THE DEPARTMENT OF PUBLIC WORKS OF THE CITY OF CORPUS CHRISTI, ALL AS SHOWN IN THE SPECIFICA- TIONS AND PLANS ON FILE IN THE DEPARTMENT OF PUBLIC WORKS_AND MADE A PART HEREOF FOR ALL PURPOSES. SECTION 3. THAT ALL PROPERTY OWNERS IN SAID SIDEWALK DISTRICT ARE GIVEN A PERIOD OF THIRTY (30) DAYS FROM THE DATE OF THIS ORDINANCE TO CONSTRUCT CURBS, GUTTERS AND SIDEWALKS ALONG SAID SOUTH SIDE OF BRAWNER PARKWAY, BETWEEN KOSTORYZ ROAD AND CARROLL LANE, IN SAID DISTRICT IN ACCORDANCE WITH SAID PLANS AND SPECIFICATIONS. NOTICE TO OWNERS OF SAID ABUTTING PROPERTY SHALL BE GIVEN BY REGISTERED MAIL. 5649 • 0 IF SUCH CONSTRUCTION IS NOT COMMENCED WITHIN A PERIOD OF THIRTY (30) DAYS BY SAID OWNERS OF PROPERTY THE CITY OF CORPUS CHRISTI IS HEREBY AUTHORIZED TO CONSTRUCT SAME BY PRIVATE CONTRACT OR BY USE OF CITY FORCES. A LIEN IS HEREBY AUTHORIZED TO BE CREATED AGAINST THE ABUTTING PROPERTY AND THE REAL AND TRUE OWNER THEREOF FOR THE COST OF SAID CURBS GUTTER AND SIDEWALK. THIS LIEN SHALL BE FIXED BY THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI BY FILING AN AFFIDAVIT IN THE OFFICE OF THE COUNTY CLERK OF NUECES COUNTYP TEXAS BEFORE COMMENCING CONSTRUCTION OF SAID CURBS GUTTER AND SIDEWALK, SHOWING THE COST OF CONSTRUCTION AND THE NAME OF THE ABUTTING PROPERTY OWNER AND THE FACT THAT AT LEAST TEN (10) DAYS PRIOR TO THE FILING OF SAID LIEN A PERSONAL DEMAND HAS BEEN MADE ON SAID PROPERTY OWNER FOR PAYMENT OF SAID CONSTRUCTION AND THAT PAYMENT HAS BEEN REFUSED. SECTION I!. THAT THE NECESSITY FOR PROVIDING ADEQUATE CURBS, GUTTERS AND SIDEWALKS IN CONNECTION WITH STREET PAVING IMPROVEMENTS WITHIN SAID DISTRICT FOR THE USE OF THE GENERAL PUBLIC IN THE CITY OF CORPUS CHRISTI CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION 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, DECLARING 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 TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY PASSED AND APPROVED, THIS '(V DAY OF JANUARYS 1960. MAYOR ' ATTEST: THE CITY OF 0 PUS CHRIS TEXAS CITY SECRETARY T ED AS TO LEGAL FORM THIS DAY OF JANUARY, _1960: QITY ATro RNEY r' CORPUS CHRFil / DAY 19 ! m TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS • FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE- GOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLU- TION 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, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIRE- MENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, YOR THE CITY OF CO CHRISTI TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: ELLRoY KING JAMES L. BARNARD MRS. RAY AIRHEART JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GABE LOZANO, SR. THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: ELLROY KING JAMES L. BARNARD MRS. RAY AIRNEART JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GABE LOZANO, SR.