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HomeMy WebLinkAboutORD 12.01.1905 - SidewalksAN ORDINANCE, TO PROVIDE FOR THE CONSTRUCTION, GRADING, CURBING AT'D REPAIRING OF SIDE- WALKS, AND TO PROVIDE A MEANS OF FIXING AND DETERMINING THE ASSESSYFNT AND PROPORTION PJ D AMOUNT OF COST TO BE PAID BY ABUTTING PROPERTY OIVNERS FOR SIDEWALKS CONSTRUCTED, GRADED; CURBED OR REPAIRED, AND TO FIX A LIEN ON SAID PROPERTY AND A CHARGE AGAINST THE OIVNER OF SUCH PROPERTY FOR THE COST OF SUCH CONSTRUCTION, GRADING, CURBING AND REPAIRING AND THE COST OF COLLECTING SAYIE, AND TO PROVIDE WAYS, MANNER AND MEANS OF COLLECTING SUCH AMOUNTS FROK. SUCH ABUTTING OIVNERS. __:o: -- BE IT ORDAINED by the City Council of Georgetown, Texas, as follows:- Section ollov:s:- Section 1. Whenever the City Council sees fit to order sidewalks constructed, graded, curbed or repaired along the line of any of the streets of this City, the owner, or owners, or his or their went or agents, of the property along the line of said street or streets, shall be notified through the Mayor of the class of sidewalk so ordered to be constructed, graded, curbed or repaired. Said notice shall be bigned by the Mayor and attested by the City Clerk, and it shall only be necessary in said notice to describe the sidewalk ordered to be constructed, graded, curbed or repaired as is here- inafter defined, and said notice shall be delivered to said owner, or owners or agent or agents by the Street Commissioner, or same shall be mailed to him or them at his or their address. And if such owner or owners are unknown or his or their address is unknown, then such notice shall be publi shed .once in any newspaper published in Georgetown, Texas. Section 2. All sidewalks shall be constructed so as to conform to the grade established by the Street Corrissioner, and shall be construoted in the manner and with the material hereinafter designated and shall be and are hereby divided into three classes as follows:- l.- To be cement sidewalk, To be filled within five inches of es- tablished grade and then to be well rammed and packed, and then use sand, gravel and best Portland cement in following proportions:- One part cement, three parts clean, sharp gritted sand, and four parts clean gravel, sabd and cement to be nixed in dry state, then gravel added with sufficient amount of water to adroit of being thoroughly worked up together and well rammed, the ramming to take place before cement begins to set and not too much water to be used in the manipulation, but sufficient water to be used to cause water to rise to surface when thoroughly rammed, this mixture to be four inches in thickness; then the top to be smoothed off with an inch thickness of clean, sharp gritted sand and cement in equal proportions. Curb to be cif stone firmly set in the ground and evenly jointed. 2.- Of cut stone, curb to be firmly set in the ground, top of curb to be level to suit fall of walk, all to be evenly jointed, paving stones to be not less than four inches in thickness, nor less in size than one foot by two feet, all to be evenly jointed and laid flu.ah at the top and to be cut so as to make a smooth surface on top of the walk. 3.- This class may be constructed either with or without curbs as may be directed by the Council when the Sidewalk is ordered to be constructed, 3G graded, curbed or repaired, and if curb is ordered it shall be same as in the foregoing classes, and the notice to owner or agent provided for in Section 1 hereof shall sta.t,e whether a curb is to be used or not. The foundation or the bed for the gravel to be well packed, if the nature of the soil is such as to require it, then not less than two inches of coarse gravel shall be used, and then the top to be made of not less than two inches of ,gravel which shall be screened through a one and one-quarter inch screen, and there shall be enough sand mixed with said gravel to hold it in place. In all three of the preceding classes there shall be sufficient rise from the curb to drain all water off of the sidewalk, and where it is necess- ary for the premises to be drained into the street, the same shall be drain- ed through sewer pipes laid under the surface of the sidewalk. And before being accepted by the City all sidewalks shall be inspected and approved by the Street Committee of the Council. All curbs and sidewalks shall conform to the grade established by the street Commi ncioner and approved by the City Council, Section °,i. Whenever it shall be detommined by the City Council to order side- walks to be constructed, graded, curbed or repaired, the Street Commissioner shall be notified by the City Clerk of such determination. It shall then be the duty of the street Comrii ssioner to ascertain the grade of such street and sidewalk, and upon the application of the owner, or owners, or agent or agents, of any lot or part of lot or block fronting: on said side- walk, he shall give directions regarding the grade of said sidewalk. And the Street Cornmissionor shall also make out in book regularly kept for that purpose a full and complete list of all the lots and blocks or parts of lots and blocks, fronting on the line of said sidewalk which the Council has ordered to be constructed, graded, curbed or repaired under the provis- ions of this ordinance, giving the number and frontage of each lot or block or part of lot or block fronting on said sidewalk, and the names of the owners or agents, if knotivn, and if not known then such lot or block or part of lot or block, shall be entered upon said book as unknown. Section 4. The owner or ag°,ent, or owners or agents, of such lots, blocks, or parts of lots or blocks, shall have sixty days from the receipt of the notice provided for in Section 1 in, which to complete the work ordered to be done, and at the expiration of said sixty days the Street Commissioner shall personally inspect said sidewalk, and make his report to the City Council showing; what portions of said sidewalk have been completed in accordance with said notice and what portions have not been completed, giving the nur,bers of the lots and blocks, or parts of lots and blocks, and to whom they belong, and shall also report as to whether or not the portions completed are in accordance with the directions given as herein provided for. Section 5. Upon the acceptance and approval by the City Council of the report of the :street Co:^ mi Bsi.oner as provided for in the next preceding section of this ordinance, it shall be the duty of the Mayor in conjunction with the chairman of t1te Street C,orni tte, to construct, grades curb or repair said sidewalk along the lire of, said street and fronting the property of the owner or agent, or osrr ors, or afents, falling:, norlectirg or refusing; 37 to construct, grade, curb or repair such sidewalk in accordance with notice served upon him or his agent, or them or their agents, by contract or otherwise as to them may seem best for the public interest, and the cost of such work shall be a charge against the owner of and a lien upon the lot, block, or part of lot or block, fronting on said sidewalk; each lot or block, or part of lot or block, to be charged with the cost of con- struction, grading, curbing, or repairing of that portion of the sidewalk on which it fronts. Section S. 15lien such sidewalk shall have been constructed, graded, curbed or repaired, as is provided for in the next preceding section hereof, it shall be the duty of the City Clerk to correctly estimate the cost of the con- struction, grading, curbing or repairing of said sidewalk fronting each lot, block, or part of lot or block, along the line of said street and he shall enter in a boot regularly prepared for that purpose opposite to each lot, block or part of lot or block, the estimated cost of the construction, grad- ing, curbing or repairing directly fronting each lot, block, pr part of lot or block along the line of said street, the correctness of which estimate shall be approved by the Mayor and attested by the City Clerk, whose duty it shall be to certify the same to the City Collector for collection. Section 7. The Collector shall, immediately upon the receipt of the list pro- vided for in the next preceding section hereof, notify the owner or agent, or owners or agents, of any lot or block, or part of lot or block in front of which sidewalks have been constructed, graded, curbed or repaired in accordance with section 5 hereof to call at his office within thirty days from and after the first publication of said notice and pay the cost of construction, grading, curbing or repairing said sidewalks and the cost of collection, which shall be published once a week for three successive weeks in any newspaper published in Georgetown, Texas, and said notice shall be sufficient if it contain a general description of the property in accordance with the original list prepared by the Street Commissioner as provided in section three hereof, and. the Collector shall upon the application of any owner or agent, furnish to such owner or agent a duly certified statement showing the amount due by such owner or agent. Section A. If the cost of construction, grading, curbing or repairing such sic3e- walk and the costs of collection are not paid at the expiration of the time provided in the next preceding section hereof, then the amount shall bear interest &t the rate of 10% per annum from the expiration of such time until paid, and it shall be the duty of the City Attorney to file suit for the City in the Court or courts having jurisdiction against the owner or owners of each lot or block, or part of lot or block for the amount due under the provisions of this ordinance and for a foreclosure of the lien provided for in this ordinance. Section 9. In case a suit or suits are filed as provided in the next preceding, section hereof then the City Attorney shall be entitled to a fee of Five Dollars in, each sui t. After the notice provided for in Section. 7 hereof has been published the first time, then the City Collector shall be entitled to a fee of One 4 Dollar for each lot or block or part of lot or block, mentioned in such notice as his compensation, whether the amount due is collected with or without suit. The cost of publishing the notice provided for in Section 7 hereof shall Ise equally divided between each lot or block, or part of lot or block therein mentioned. The fees and costs provided for in this section of this ordinance shall be a charge against the owner ot, owners of and a lien upon such lot or lots or block or blocks, or part or parts of lots or blocks, and in case suit is filed than such fees and costs shall be included in the judgment rendered. Section I0. The sidewalks in this City shall be of the following width:- On idths- ©n streets facing the public square t"rey shall be Ten feet wide. On the other streets they shall be of the width adapted to the particular street where laid and when the council orders sidewalks built they shall designate the width and give notice of the width to be built in the notice provided in section 1 hereof. Section 11. Any person desiring to construct any sidewalk anywhere within the City limits shall, before doing; so, make application to the City Council, statin; the abutting lots and the width, length and character of sidewalk proposed and the kind of material to be used and obtain the consent of said City Council for the construction of said sidewalk. All ordinances or parts of ordinances in conflict herewith are here- by repealed. passed -and approved the lst day of December, 1906. R. R. Ward, Mayor. Attest: Geo. Keahey, Secretary. oAt 1144 W