Loading...
HomeMy WebLinkAboutOrdinance - 055-1911 - Construction Of Sidewalks By Property Owners. - 05/27/1911m ORDINANCE NO. 55 AN ORDINANCE REQUIRING THE CONSTRUCTION AND LAYING OF SIDEWALKS BY PROPERTY OWNERS IN FRONT OF OR ABUTTING ON THEIR LAND OR PROPERTY: PROVIDING FOR THE PRESCRIBING THE; CHARACTER OF SUCH SIDEWALKS AND THE MANNER IN WHICH SAME SHALL BE LAID: MAKING IT A FINABLE OFFENSE TO CONSTRUCT A SIDEWALK DIFFERENT FROM THAT PRESCRIBED: AND PROVIDING FOR THE CONSTRUCTION OF SUCH SIDEWALKS BY THE CITY OF LUBBOCK, AND THE COLLECTION OF THE COSTS THEREOF AND A TEN PER CENT (10%) ATTORNEYS FEES FROM THE ABUTTING PROPERTY OWNERS, IN CASE SAID PROPERTY OWNER FAILS OR REFUSES TO BUILD SAID SIDEWALK. Be it Ordained by the City Council of the City of Lubbock, Texas: Section 1. It shall be, and it is hereby made the duty of the owner of any lot or lots or of any real estate of any kind within the limits of the City of Lubbock, Texas, in front of which, or along which, the City Council may by either Resolution or Ordinance, order that a sidewalk be built or constructed, to build and construct same in accordance with Resolution or Ordinance, as the case may be, directing such construction, in accordance with the plans and specifications thereof prepared by the City Engineer, for the particular street, Block, or community where such lot, l6ts, or parcel of ground are located. And said property owners shall construct said sidewalk in front of their respective property within thirty (30) days after the giving of the notice, as elsewhere prescribed in thei Ordinance: and after the expiration of the time indicated in the Notice to construct, if the abutting owner shall not have built said sidewalk as ordered and indicated in said notice, then the said City shall proceed to construct said sidewalk in accordance with the said Ordinance or Resolution and the plans and specifications of the City Engineer, and shall advertise for bids, or shall itself contract said paving or contract for said paving without advertising for bids, as to said City may seem best, and said City after having constructed a sidewalk in front of, or along side of any lot, or Blocks, or real estate shall be entitled to recover of the owner thereof a personal judgment in any court having jurisdiction of said Cause, in a sum equal to the cost of the construction of said sidewalk In front of or along said property, together with costs of Court, and ten per cent (101.) of said costs of construction additional as Attorneys Fees. Section 3. That whenever it shall be found necessary by the City Council of the City of Lubbock, Texas, that sidewalks be constructed along any real estate, or along any street or streets or a part of a street of the City of Lubbock, the City Council shall by ordinance or Resolution designate the real estate, or street, or streets, or part of a street, along or on which said sidewalk shall be constructed and shall in such Ordinance or Resolution prescribe the grade and width of the sidewalk, and the mode of the construction thereof. The said sidewalk or other material providing for the to be used. shall be constructed that the City Council particular work shall Section 3. It shall be the duty of the any Ordinance or Resolution providing f particular blocks, or lots, or streets, said sidewalk to be laid, the material etc., to file in the office of the City details of said work are to be execute compliance therewith, and any bids for on said plans and specifications and a of either stone, cement, concrete, .asphalt, brick, may designate: And the Ordinance or Resolution designate the particular material, or materials City Engineer, immediately upon the passage of or the paving of sidewalks along or $butting on or parts of streets, designating the width of out of which said sidewalk are to be constructed, Secretary full peecifications as to how the d and completed, and all -,.work shall be built in the construction of any sidewalk shall be based ny contractor, or other persons contracting to build the same under the authority of the City's agent, or as the agent of the owner, or any other person shall construct said sidewalk in accordance with the said plans and specifications, and any and all contracts entered into under special Ordinance or Resolution shall require the said work to be completed within twenty (20) days from the date of the said contract, and the said City of Lubbock, in all cases where it shall contract for the building of sidewalks, shall retain twenty-five per cent (25%) of the cost of constructing said sidewalk, the completion in good faith of said walk and its acceptance by the said City of Lubbock. Section 4. That when the City Council of the City of Lubbock, Texas, shall have, by Resolution or Ordinance, designated the real estate, or street, streets, or parts of streets in which sidewalks are required to be laid, it shall be the duty of the Mayor to serve notice that side walks are required to be laid by the owners of the abutting lots, or blocks, or parcels of land, showing the width of said walks, and the materials out of which said walk shall be constructed, and the estimated cost of paving said walk per square foot. Said notice may be served by any officer of the City of Lubbock designated by the Mayor for that purpose, and said notice may be served by delivering a copy of the same to the owner of the abutting lot or lots if such owner resides on such block, lot or lots, but in case the owner does not reside on such block, lot, or lots, then notice may be given by serving a copy thereof upon any tenant of said block, lot, or lots, or property, and in case no tenant or owner is found on the property, then the Officer may post a copy of said notice upon said particular Block, lot, lots, or property and said officer shall make due return of said notice'to the Mayor, stating the manner of serving copy of said notice, and said return, when produced in court shall be final evidence that said notice has been served, and shall preclude any question as to whether or not there was a sufficient notice given. In lieu of the notice above prescribed, the Mayor may mail a copy of said notice to the post office address of the property owner, and the mailing of said notice shall constitute a sufficient notice whether received or not. Or in lieu of nitioes above described, a brief summary of said notice may be published once in some newspaper published in the City of Lubbock, Addressed generally, "To whom it may concern" at least thirty (30) days before said sidewalk is required to be constructed, and such publication shall be deemed a sufficient notice. Notice will sufficient if given to the property owner in any one of the ways above indicated. Section 5. In the event in the judgment of the Mayor and the City Council in the street or streets or portion of s street, or streets, or along any property designated by Ordinance or Resolution for the Construction of a sidewalk there be already constructed in front of the property of any person sufficient and adequate sidewalk in a state of good repair, then, in such event the Mayor shall not be required under this Ordinance to notify the owner of said property to construct a sidewalk as profided in the Ordinance or resola+tion, but after the passage of an Ordinance or Resolution prescribing a sidewalk to be constructed, it shall be unlawful for the owner to construct any other or different sidewalk from that prescribed in the Ordinance or Resolution; and any person after the passage of such Ordinance or Resolution, so constructing a sidewalk different from that prescribed in the Ordinance or Resolution, shall be deemed guilty of an offense and upon conviction in the Corporation Court of the City of Lubbock shall be fined not less than five (05.00) Dollars not more than two -hundred ($200.00) dollars. Section 6. Where the property owner failing to construct said sidewalk has at the date of the trial of the suit to recover the cost of constructing such sidewalk and ten per cent (10%) penalty under this Ordinance already paid a fine under any other Ordinance of the City for failure to construct such sidewalk, then, in such event in Civil action, under this Ordinance shall be for the cots of the constructing said sidewalk and ten per cent (10%) attorney's fees less the amount of such fine already paid (if any) and if such fine already paid, (if any) is equal to the amount of said costs .6 f ! and ten per cent (10,%) then no recovery shall he had in said civil action, except a nominal and for costs of court. Passed and approved this the 27th day of May, 1911. (seal). Attest: W. M. Shaw, City Seely. F. E. Wheelock, Mayor.