HomeMy WebLinkAbout05859 ORD - 08/10/1960JKH:8-15-60
AN ORDINANCE
CREATING A CURB AND GUTTER DISTRICT CONSISTING OF
BOTH SIDES OF CLAREMORE STREET FROM OCEAN DRIVE TO
KENTNER, WITHIN THE CITY LIMITS OF CORPUS CHRISTI,
NUECES COUNTY, TEXAS; PROVIDING FOR THE-CONSTRUCTION
OF CURBS AND GUTTERS THEREON BY MAKING DEMAND OF THE
ABUTTING PROPERTY OWNERS THAT SUCH CURBS AND GUTTERS
BE BUILT; PROVIDING THAT IN FAILURE TO CONSTRUCT
SAID CURBS AND GUTTERS, AFTER NOTICE, THAT CONSTRUC-
TION BE MADE BY THE CITY; PROVIDING A PROCEDURE FOR
FILING AND FIXING OF LIEN; AND DECLARING AN EMERGENCY.
WHEREAS, PUBLIC POLICY MAKES IT NECESSARY THAT CURBS AND
GUTTERS BE CONSTRUCTED ALONG BOTH SIDES OF CLAREMORE STREET, FROM
OCEAN DRIVE TO KENTNER, 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 FOR BOTH SIDES
OF CLAREMORE STREET, FROM OCEAN DRIVE TO KENTNER.
SECTION 2. THAT ALONG BOTH SIDES OF SAID STREET WITHIN
SAID DISTRICT IT IS HEREBY REQUIRED THAT CURBS AND GUTTERS BE CON-
STRUCTED IN ACCORDANCE WITH THE GRADE AND REQUIREMENTS PROVIDED IN
THE CORPUS CHRISTI CITY CODE, 1958, AND AS ESTABLISHED BY THE DEPART-
MENT 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 BOTH SIDES OF CLAREMORE
STREET, FROM OCEAN DRIVE TO KENTNER, IN SAID DISTRICT IN ACCORDANCE
WITH SAID PLANS AND SPECIFICATIONS. NOTICE TO OWNERS OF SAID ABUTTING
PROPERTY SHALL BE GIVEN BY REGISTERED MAIL.
I-
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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 CURB AND GUTTER.
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
CURB AND GUTTER, 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 TIAT 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 ITS PASSAGE, IT IS ACCORDINGLY PASSED AND
APPROVED, THIS / C! DAY OF , 196o.
MAYO
CITY SE RET Y k / THE CITY 01 CORPUS C ISTI, TEXAS
APPROVED AS TO LEGAL FOR THIS
THE -k' j DAY OF f� C 1960:
CITY ArrORNEY i
CORPUS CHRISTI, TEXAS
Al OF , 19
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,
MAYO THE CITY 0 C RPUS CHRI l9 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
ELLROY KING
JAMES L. BARNARD-
MRS. RAY AIRHEART
JOSEPH B. DUNN
PATRICK J. DUNNE
R. A. HUMBLE
GABE LOZANO, SR.