HomeMy WebLinkAbout05358 ORD - 05/20/1959IMS:JKH:5 -18 -59
AN ORDINANCE
AMENDING SECTIONS 34 -17, 34-18 AND 1F -19 OF
THE CORPUS CHRISTI CITY CODE, 195ts, SO AS TO
PROVIDE FOR A PROCEDURE OF REQUIRING PROPERTY
OWNERS TO INSTALL CURB, GUTTER AND /OR SIDEWALK
IN THE STREET RIGHT OF WAY BY THE UdNERS OF
ABUTTING PROPERTY, INCLUDING THE FIXING OF A
LIEN ON THE ABUTTING PROPERTY IN THE EVENT THE
PROPERTY OWNERS DO NOT MAKE SUCH INSTALLATION
AS IS REQUIRED BY SUCH PROCEDURE; AND DECLARING
AN EMERGENCY.
WHEREAS, SECTIONS 34 -17, 34 —a8 AND 34 -19 OF THE CORPUS
CHRISTI CITY CODE, 1958, PROVIDE A PROCEDURE FOR THE COMPULSION OF
ABUTTING PROPERTY OWNERS TO INSTALL SIDEWALKS WITHIN THE PUBLIC RIGHT
OF WAY ABUTTING SAID PROPERTY, AND FOR THE FIXING OF A LIEN IN EVENT
OF FAILURE TO OBEY NOTICE OF THE CITY TO MAKE SUCH INSTALLATION, AND
IT IS NECESSARY TO INSTALL A CURB, A GUTTER, SIDEWALK OR SOME COMBINA-
TION OF SUCH IMPROVEMENTS ABUTTING PROPERTY IN SOME INSTANCES, AND IT
IS NECESSARY TO AMEND THE SAID SECTIONS OF SAID CODE TO SO PROVIDE:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CORPUS CHRISTI, TEXAS:
SECTION 1. THAT SECTION 34 -17 OF THE CORPUS CHRISTI CITY
CODE, 1958, BE AND THE SAME IS HEREBY AMENDED TO READ AS FOLLOWS:
„SECTION 34 -17- SAME -- NOTICE TO ABUTTING PROPERTY OWNERS
TO CONSTRUCT -- GENERALLY.
"IN CASE ANY CURB, OR ANY GUTTER, OR ANY SIDEWALK IS 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 SUCH CURB, GUTTER, AND /OR SIDEWALK. THE NOTICE SHALL
STATE THE KIND OF CURB, GUTTER AND /OR SIDEWALK REQUIRED TO BE CONSTRUCTED,
TOGETHER WITH ITS APPROXIMATE LOCATION AND GRADE, AND THE NAME OF THE
STREET ALONG WHICH CURB, GUTTER AND /OR SIDEWALK IS ORDERED TO BE BUILT,
AND THE NUMBER OF LOTS OR BLOCKS, OR BOTH, BELONGING TO THE PERSON ALONG
WHICH CURB, GUTTER AND/OR SIDEWALKS ARE REQUIRED TO BE CONSTRUCTED. SUCH
NOTICE SHALL BE SIGNED BY THE DIRECTOR OF PUBLIC WORKS. THE NOTICE HEREBY
REQUIRED MAY BE SERVED BY SENDING SUCH NOTICE BY REGISTERED MAIL TO THE
PROPERTY OWNERS OR BY PERSONAL SERVICE.„
SECTION 2, THAT SECTION 34 -18 OF THE CORPUS CHRISTI CITY
CODES 1958, BE AND THE SAME IS HEREBY AMENDED TO READ AS FOLLOWS:
"SECTION 34 -18. SAME -- SAME -- FAILURE TO OBEY NOTICE.
„SHOULD ANY PERSON OWNING ANY PROPERTY ABUTTING OR ADJACENT
TO ANY STREET ALONG WHICH ANY CURBS GUTTER AND /OR SIDEWALK SHALL BE
REQUIRED TO BE CONSTRUCTED FAIL OR REFUSE TO CONSTRUCT ANY SUCH CURB,
GUTTER AND /OR SIDEWALK IN FRONT OF OR ADJACENT TO HIS PROPERTY IN THE
MANNER REQUIRED BY THIS ARTICLE WITHIN A PERIOD OF THIRTY DAYS AFTER
NOTICE AS PROVIDED IN SECTION 34 -17 OF THIS CODE, THE CITY SHALL, UNDER
THE DIRECTION AND SUPERVISION OF ITS DIRECTOR OF PUBLIC WORKS PROCEED TO
HAVE SUCH CURBS GUTTER AND /OR SIDEWALK CONSTRUCTED. THE COST OF SUCH
CONSTRUCTION, TOGETHER WITH LEGAL INTEREST AND THE COST OF COLLECTION,
SHALL CONSTITUTE A PERSONAL CLAIM AGAINST SUCH PROPERTY OWNER AND SHALL
BE SECURED BY A LIEN ON SUCH PROPERTY SUPERIOR TO ALL OTHER LIENS, CLAIMS
OR TITLES, EXCEPT LAWFUL TAXES AND SUCH LIABILITY AND LIEN MAY BE
ENFORCED BY THE CITY AGAINST SUCH OWNER BY SUIT IN ANY COURT HAVING
COMPETENT JURISDICTION."
SECTION 3. THAT SECTION 34 -t9 OF THE CORPUS CHRISTI CITY
CODES 1958, BE AND THE SAME IS HEREBY AMENDED TO READ AS FOLLOWS:
"SECTION 34 -19. SAME -- SAME -- FIXING OF LIEN.
"THE LIEN REFERRED TO IN THE PRECEDING SECTION SHALL BE FIXED
BY THE CITY MANAGER BY FILING AN AFFIDAVIT IN THE OFFICE OF THE COUNTY
CLERK BEFORE COMMENCING CONSTRUCTION OF CURB, GUTTER AND /OR SIDEWALK,
SHOWING THE COST OF CONSTRUCTION AND THE NAME OF THE ABUTTING PROPERTY
OWNER AND THE FACT THAT AT LEAST TEN DAYS PRIOR TO THE FILING OF SUCH
LIEN A PERSONAL DEMAND HAS BEEN MADE ON SUCH PROPERTY FOR PAYMENT OF
SUCH CONSTRUCTION COSTS AND THAT PAYMENT HAS BEEN REFUSED."
SECTION 4. PUBLICATION SHALL BE MADE IN THE OFFICIAL PUBLICA-
TION OF THE CITY OF CORPUS CHRISTI, ONE TIME, WHICH PUBLICATION SHALL
CONTAIN THE CAPTION STATING IN SUBSTANCE THE PURPOSE OF THE ORDINANCE
-2-
AND RECITING THAT THE PENALTY FOR VIOLATION OF THE ORDINANCE AS AMENDED
SHALL BE A FINE OF NOT EXCEEDING TWO HUNDRED ($200.00) DOLLARS.
SECTION 5. THE NECESSITY FOR IMMEDIATELY PROVIDING A PROCEDURE
FOR INSTALLATION OF CURB, GUTTER, AND/OR SIDEWALKS FOR THE HEALTH, COM-
FORT AND CONVENIENCE OF THE RESIDENTS OF THE CITY CREATES A PUBLIC EMER-
GENCY . 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 ORDNANCE OR
RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL,
AND THE MAYOR HAVING DECLARED THAT SUCH EMERGENCY AND NECESSITY EXIST,
AND HAVING REQUESTED THAT SUCH CHARTER RULE BE SUSPENDED, 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 _.d O DAY OF MAY, 1959.
ATTEST:
/ MAYOR
THE CITY CORP CHRISTI, TEXAS
CITY SECRETARY
G (�
APPROVED AS TO LEGAL FORM THIS
THE 19TH DAY O'F�MAY, 1959:
CITY ORNEY 4_1 `
CORPUS CHRISTI, TEXAS
@s �9_
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
GENTLEMEN:
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE
FOREGOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST
FOR THE SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE
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; t, 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,
MAYOR
THE CITY OF C S C ISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE°.
ELLROY KING
JAMES L. BARNARD
MRS. RAY AIRHEART
JOSEPH B. DUNK fi
PATRICK J. DUNNE
R. A. HUMBLE
�r
GABE L. LO2ANO, SR.
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTED
ELLROY KING
JAMES L. BARNARD
MRS. RAY AIRHEART
JOSEPH B. DUNNit ;�
PATRICK J. DUNNE "
R. A. HUMBLE
GABE L. LOZANO, SR.
0