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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- r 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.