Loading...
HomeMy WebLinkAbout05562 ORD - 11/11/1959I NS:JKH:tt -9 -59 ._s e AN ORDINANCE NM--.V CREATING A SIDEWALK DISTRICT CONSISTING OF BOTH SIDES OF THE 1300 BLOCK OF BREEEZEWAY STREET BEING THE BLOCK EXTENDING FROM THE EAST PROPERTY LINE OF TOPEKA STREET TO THE WEST PROPERTY LINE_OF AUSTIN STREET,,WITHIN THE CITY LIMITS OF CORPUS CHRISTI NUE_CES 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 CASE OF FAILURE TO CONSTRUCT SAID CURBS AND GUTTERS AFTER NOTICE THAT CONSTRUCTION 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 BREEZEWAY STREETS IN THE 1300 BLOCK OF SAID STREETS AND BEING THE STREET EXTENDING FROM THE EAST PROPERTY LINE OF TOPEKA STREET TO THE WEST SIDE OF AUSTIN STREET 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 t. THE SIDEWALK DISTRICT IS HEREBY CREATED WITHIN THE CITY LIMITS OF THE CITY OF CORPUS CHRISTI FOR BOTH SIDES OF BREEZE- WAY STREET IN THE IIOO BLOCK OF SAID STREET BEING THE BLOCK EXTENDING FROM THE EAST PROPERTY LINE OF TOPEKA STREET TO THE WEST SIDE OF AUSTIN STREET. SECTION 2. THATALONG BOTH SIDES OF SAID STREET WITHIN SAID BLOCK IN SAID DISTRICT IT IS HEREBY REQUIRED THAT CURBS AND GUTTERS BE CONSTRUCTED IN ACCORDANCE WITH THE GRADE AND REQUIREMENTS PROVIDED IN THE CORPUS CHRISTI CITY CODES 1958, 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 AND GUTTERS ALONG SAID 1300 BLOCK OF BREEZEWAY 55(; 2 0 1 STREET IN SAID DISTRICT IN ACCORDANCE WITH SAID PLAT AND SPECIFI- CATIONS. NOTICE TO OWNERS OF SAID ABUTTING PROPERTY SHALL BE GIVEN BY REGISTERED MAIL. IF SUCH CONSTRUCTION IS NOT COMMENCED WITHIN A PERIOD OF THIRTY (30) DAYS BY SAID OWNERS OF PROPERTY, THE CITY OF CORPUS CHRISTI 15 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 CURBS AND GUTTERS. 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 CURBS AND GUTTERS, 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 THAT PAYMENT HAS BEEN REFUSED. SECTION 4. THAT THE NECESSITY FOR PROVIDING CURBS AND GUTTERS 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 SUS- PENSION 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 EXISTS 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 DAY O• OVEMBER, 1959• ATTEST: MAYOR &'Ltar THE CITY F ORPUS CH ST I , TEXAS CITY SECRETARY o APPROVED AS TO LEGA FORM THIS DAY OF 22& 1959: CITY AT OR EY J CORPUS CHRISTI, TEXAS It DAY OF__7tr%'-�, '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, YOR THE CITY ORPUS CH 4 STI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE% ELLRoY KING JAMES L. BARNARD MRS. RAY AIRHEART JOSEPH B. DUNN l/2P PATRICK J. DUNNE R. A. HUMBLE GABE LOZANO, SR. THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTES ELLROY KING JAMES L. BARNARD MRS. RAY AIRHEART JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GABE LOZANO, SR.