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HomeMy WebLinkAbout05778 ORD - 06/01/1960r � MW: 5 -31 -6o <. AN ORDINANCE CREATING A CURB AND GUTTER DISTRICT CONSISTING OF BOTH SIDES OF CYPRESS STREET, FROM CARROLL LANE TO WILLOW STREET, WITHIN THE CITY LIMITS OF THE CITY OF CORPUS CHR TSrI, NUECES COUNTY, TEXAS; PROVIDING FOR THE CON- STRUCTION OF CURBS AND GUTTERS THEREON BY MAKING DEMAND OF THE ABUTTING PROPERTY OWNERS THAT SUCH CURBS AND GUTTERS BE BUILT; PROVIDING THAT IN CASE OF FAILURE TO CONSTRUCT SUCH CURBS AND GUTTERS AFTER NOTICE, AT CONSTRUCTION BE MADE BY THE CITY; PROVIDING A PROCEDURE FOR FILING AND FIXING OF LIEN; AND DECLARING AN EMER-MWC Y. WHEREAS, PUBLIC POLICY MAKES IT NECESSARY THAT CURBS AND GUTTERS BE CONSTRUCTED ALONG BOTH SIDES OF CYPRESS STREET, FROM CARROLL LANE TO WILLOW STREET, FOR THE USE OF THE GENERAL PUBLIC; AND WHEREAS, IN NUMEROUS INSTANCES WITHIN THIS DISTRICT ALONG THIS STREET SUCH CURBS AND GUTTERS DO NOT EXIST: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THE CURB AND GUTTER DISTRICT IS HEREBY CREATED WITHIN THE CITY LIMITS OF THE CITY OF CORPUS CHRISTI ALONG BOTH SIDES OF CYPRESS STREET, FROM CARROLL LANE TO WILLOW STREET. SECTION `L. THAT ALONG BOTH SIDES OF SAID STREET WITHIN SAID DISTRICT IT IS HEREBY REQUIRED THAT CURBS AND GUTTERS BE CONSTRUCTED 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 SPECIFICATIONS 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 CURB AND GUTTER DISTRICT ARE GIVEN A PERIOD OF THIRTY (30) DAYS FROM THE DATE OF THIS ORDINANCE TO CONSTRUCT CURBS AND GUTTERS ALONG SAID BOTH SIDES OF CYPRESS STREET, FROM CARROLL LANE TO WILLOW STREET, IN SAID DISTRICT IN ACCORDANCE WITH SAID PLANS AND SPECIFICATIONS. NOTICE TO OWNERS OF SAID ABUTTING PROPERTY SHALL BE GIVEN BY REGISTERED MAIL. 57,78 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 AND GUTTERS. 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 COUNTY, TEXAS, BEFORE COMMENCING CONSTRUCTION OF SAID CURBS AND GUTTERS, 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 4. THAT THE NECESSITY FOR PROVIDING ADEQUATE CURBS AND GUTTERS 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, 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 TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER I ASSAGE, IT IS ACCORDINGLY PASSED AND APPROVED, THIS DAY OF , 196o. ATTEST: *AYOR f �.� E CITY OF CORPUS CHRISTI, TEXAS J � - CITY SECRETARY APPROVED AS TO LEGAL FORM THIS 31ST DAY OF MAY, 196o: CITY ATTORNEY CORPUS CHRIS TEXAS / DAY OF iC.[�y��, lql 6 T 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 CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTES ELLROY KING JAMES L. BARNARD MRS. RAY AIRHEART 7 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 AIRHEART JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE ✓ GABE LOZANO, SR.