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HomeMy WebLinkAbout02992 ORD - 02/13/1951amanaer —jr;gp 2/32/51 (5) _- AN ORDINANCE SPECIFYING THAT SIDEWALKS SHALL HE UNIFORMLY CONSTRUCTED IN THE SEVERAL AREAS OF TAE CITY OF CORPUS CHRISTI LATER TO BE DESIGNATED BY ORDINANCE AS SIDEWALK AREAS; PROVIDING FOR NETHOD AND CONTENTS OF NOTICE TO PROPERTY OWNERS NOT CONFORKING WITH ORDINANCES CREAT- ING SIDEWALK AREAS; PROVIDING THAT CITY MAY CONSTRUCT SUCH SIDEWALKS, THE COST OF WHICH TO CONSTITUTE A LIEN AGAINST SUCH PROPERTY AND ITS OWNER; PROVIDING FOR PROCEDURE FIX- ING LIEN; AND DECLARING AN EMERGENCY. WHEREAS, In numerous areas in the City of Corpus Christi, sidewalks are not available as walking area for school children attending public schools, and WHEREAS, In numerous instances the general public has no area in which to walk, and WHEREAS, The lack of sidewalks has in many in- stances has caused the general public to walk in public streets, thereby causing hazardous conditions, and WHEREAS, The health and safety of the general public is endangered by the lack of said sidewalks and WHEREAS, The lack of said sidewalks cause an unsight- ly condition in the beautiful City of Corpus Christi, and WHEREAS, Public convenience and necessity requires sidewalks in the City of Corpus Chriatis NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TESAS: SECTION 1. That all sidewalks in the City of Corpus Christi shall be constructed of concrete or such other material as the Director of Public Works may specify at least four inches in thickness or depth, and shall be at least an average of four feet wide in the residential sections of the City and at least eight feet wide in the business por- tions of the City. Such sidewalks shall be constructed, if not already constructed, and maintained on all streets in front of, or adjacent to, M abutting property on the streets within the boundaries of sidewalk districts hereinafter organized by ordinance of the City of Corpus -1- � 99a Christi.- Said sidewalks shall conform to the grade, specifications, and requirements furnished by the Director of Public Works, and shall be constructed, maintained, and kept in good repair by the owner of said abutting or adjacent property. ' SECTIO14 2. In cases sidewalks are not duly constructed in any sidewalk district - hereafter so designated by City Ordinance, the Director of Public Works shall notify the owners of all abutting or adjacent property on such street in writing by registered mail to construct said sidewalks. The notice shall state the kind of sidewalk required to be constructed together with its approximate location and grade, andthe name of the street along which such side- walk is ordered to be built, and the number of lots or block., or both, belonging to the said persons along which sidewalks are re- quired to be constructed; the said notice shdllbe signed by the Director of Public Works. The notice hereby required may be served by sending same by registered mail to said property owner, or by personal service. SECTION 3. Should any person owning any property abutting or adjacent to any street along which any sidewalk shall be required to be constructed fail or refuse to construct any such sidewalk in front of, or adjacent to, his or her property in the manner required by this ordinance, within a period of thirty (30) days after notice as hereinbefore provided, the City of Corpus Christi shall under the direction and supervision of its Director of public Works proceed to have said sidewalks constructed, and the cost of constructing said sidewalks shall be charged against the owner, or owners, and the cost of construction of said sidewalks shall constitute a lien upon the property contiguous, adjacent to, and abutting on the street along which said sidewalks are constructed. SECTION I9. Said cost of construction of said sidewalks adjacent to property, together with legal interest and the cost of collection, shall constitute a personal claim against such property owner, and be secured by a lien on such property superior to all other liens, claims, or titles, except lawful taxes, and such li- ability and lien may be enforced by the City against such owner by suit in any court having competent jurisdiction. —2— SECTION 5. Said 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 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 for payment of ` said construction and that payment has been refused. SECTION 6, The necessity for sidewalks in the City of Corpus Christi to serve public convenience and to safeguard the health and general welfare of the general public creates a Public emergency and an imperative public necessity requiring the suspension of the Charter rule providing that no ordinance or resolution shall be passed finally on the date of its in- troduction and shall be read at three several meetings of the City Council, and the Mayor, having declared such emergency and necessity to exist, requesting the suspension of said Charter rule and that this ordinance be passed finally on the date of its in- troduction and take effect and be in full force and effect from and after the passage hereof, IT IS ACCORDINGLY SO ORDAINED, . PASSED AND APPROVED This the Lday of February, 1951. A Ro- he City oY Co us Christi, Texas Secre APPROVED AS TO OAL FORM: Ci y At rney Corpus Christi, Toms l ' C�l�- • � -3 , 195Q TO THE 2EMBERS OF THE CITY COUNCIL _ Corpus Christi, Texas Gentlemen: 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 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, hereby request that you suspend said Charter rule or requirement and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, MAY6 Ro -'s� n✓ ity of Corpus Christi, Terse The Charter rule was suspended by the following votes Leslie Wasserman Jack DeForrest - Barney Cott Oa..- Sydney E. Herndon QQ4- ' --- -- George L. Lowman �i.vv The above ordinance was passed by the following votes Leslie cfasserman uYfoe Jack LeForrest Barney Cott" Sydney E. Herndon George L. Lowman Q