HomeMy WebLinkAbout05365 ORD - 05/20/1959IMS:JKH:5 -20 -59 t ,
AN ORDINANCE
CREATING A SIDEWALK DISTRICT CONSISTING OF BOTH SIDES OF
THE 3500 BLOCK OF TOPEKA bIKLLIs BEING THE BLOCK EXTENDING
FROM THE NORTH PROPERTY LINE OF ROPE STREET TO THE SOUTH
PROPERTY LINE OF SINCLAIR STREET, WITHIN THE CITY LIMITS
OF THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS;
PROVIDING FOR THE CONSTRUCTION OF CURBS, GUTTERS AND
SIDEWALKS THEREON BY MAKING DEMAND OF THE ABUTTING PROPERTY
OWNERS THAT SUCH CURBS, GUTTERS AND SIDEW LKS BE BUILT;
PR— O IDING THAT IN CASE OF FAILURE TO CONSTRUCT SAID CURBS,
GUTTERS AND SIDEWALKS AFTER NOTICE THAT CONSTRUCTION BE
MADE BY THE CITY, PROVIDING A PROC DURE FOR FILIN AND
FIXING OF LIEN; AND DECLARING AN EMERGENCY.
WHEREAS, PUBLIC POLICY MAKES IT NECESSARY THAT CURBS, GUTTERS, AND
SIDEWALKS BE CONSTRUCTED ALONG BOTH SIDES OF TOPEKA STREET, IN THE 3500
BLOCK OF SAID STREET, AND BEING THE STREET EXTENDING FROM THE NORTH PROPERTY
LINE OF ROPE STREET TO THE SOUTH SIDE OF SINCLAIR STREET, FOR THE USE OF THE
GENERAL PUBLIC; AND
WHEREAS, IN NUMEROUS INSTANCES WITHIN THIS DISTRICT ALONG THIS
STREET SUCH CURBS, GUTTERS, AND SIDEWALKS DO NOT EXIST:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. THE SIDEWALK DISTRICT IS HEREBY CREATED WITHIN THE
CITY LIMITS OF THE CITY OF CORPUS CHRISTI FOR BOTH SIDES OF TOPEKA STREET IN
THE 3500 BLOCK OF SAID STREET BEING THE BLOCK EXTENDING FROM THE NORTH PROPERTY
LINE OF ROPE STREET TO THE SOUTH SIDE OF SINCLAIR STREET.
SECTION 2. THAT ALONG BOTH SIDES OF SAID STREET WITHIN SAID BLOCK
IN SAID DISTRICT IT IS HEREBY REQUIRED THAT CURBS, GUTTERS, AND SIDEWALKS BE
CONSTRUCTED IN ACCORDANCE WITH THE GRADE AND REQUIREMENTS PROVIDED IN THE
CORPUS CHRISTI CITY CODE, 1955, AND AS ESTABLISHED BY THE DEPARTMENT OF
PUBLIC WORKS OF THE CITY OF CORPUS CHRISTI, ALL AS SHOWN IN THE SPECIFICATIONS
AND PLAT ATTACHED HERETO AND MADE A PART HEREOF FOR ALL PURPOSES.
SECTION 3. THAT ALL OWNERS OF PROPERTY IN SAID SIDEWALK DISTRICT
ARE GIVEN A PERIOD OF THIRTY (30) DAYS FROM THE DATE OF THIS ORDINANCE TO
CONSTRUCT CURBS, GUTTERS AND SIDEWALKS ALONG SAID 3500 BLOCK OF TOPEKA
STREET IN SAID DISTRICT IN ACCORDANCE WITH SAID PLAT AND SPECIFICATIONS.
NOTICE TO OWNERS OF SAID ABUTTING PROPERTY SHALL BE GIVEN BY REGISTERED MAIL.
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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 13 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, GUTTER AND
SIDEWALK.
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, GUTTER AND
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 OWNER FOR
PAYMENT OF SAID CONSTRUCTION ANDTHAT PAYMENT HAS BEEN REFUSED.
SECTION 4. THAT THE NECESSITY FOR PROVIDING ADEQUATE CURBS, GUTTERS,
AND SIDEWALKS IN CONNECTION WITH STREET PAVING IMPROVEMENTS WITHIN SAID BLOCK
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, DECLARING
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 pc {CJ DAY of
MAY, 1959.
ATTES /T:
MAYOR
CITY SFCREfARY / THE CITY ORPU CHRISTI, TEXAS
APPROVED AS TO LEGAL FORM THIS
THE 20TH DAY OF MAY, 1959:
pt
CITY ATTORNEY
CORPUS CHRISTI, TEXAS
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, THEREFOR£, 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 CHRIS , TEXAS
THE CHARTER RULE WAS SUSPENDED
BY THE FOLLOWING VOTER
ELLROY KING
JAMES L. BARNARD
MRS. RAY AIRHEART
JOSEPH B. DUNN
PATRICK J. DUNNE
R. A. HUMBLE
GABE L. LOZANO, SR.
Gls j
THE ABOVE ORDINANCE WAS PASSED
BY THE FOLLOWING
ELL ROY KING
VOTE.'
_ �
JAMES L. BARNARD
V -.
MRS. RAY AIRHEART
4
JOSEPH B. DUNN
CL
PATRICK J. DUNNE
R. A. HUMBLE
GABE. LOZANO, SR.
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