HomeMy WebLinkAbout05562 ORD - 11/11/1959I NS:JKH:tt -9 -59
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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.