Ord 1390 7/17/1944 A 4,
ORDIIANCE LO.
01-rcual.�dliCE AUTHORIZIB-cr 'Chl, CITY COUNC4 10 C0-L1;LJ-' Th.L REPAEEZ OF 6IDM��UKS.,
/OR DFLIVE.-;.,�LY6 --FHICTT hE D_ DM-,CTIVE iUZ DANGEMOUS CO14-
GUTTIR6 �ED
1,'ITLJI� DIT-DTING QFF&61!4'11PO�-�L�G L-LIBI1,ITY FOR DALIAGLb 1ND LO,% SUF'Fh?,hD,'
PJIZULATE�G THE U6E AND LAINTINANCE UFF SLZiALK6., CURB6., GUTTERS AND/OR
DRIV&VAYSJLDhFI1,411G 13R.UKII �IZ DIU�GiiRWS SIDEIiALK6. CURBS., GUTTILlib AND/OR
DRIVEiVAYS AS A NUI6,'1NCEtPROVIDZG I�UR 1%0TICE TO PhOP,-RTY U.N.M6 OR U611a;
THBREOF� PR&CRIBING PMALTY " DECLARING -d� CY.
I ,i,ND -111.1
T14AT t4e City of 'i�ichita Falls does not now have an ordinance
requiring the abutting property owner and/or person, firm or corporation en-
gying the use of aanri croperty abutting gn a sidewa�k and/or curb, which
ecom s defective roken to repair t e same.9 and;
VJHMX',S., numerous persons have sustained injuries by virtue of inade-
quate and defective sidewalks and curbs which are in need of repair and recon-
struction.
NOW., THMEFO�?_E4,, BE IT ORDAMED BY THE BOARD OF �IDEM:a OF THE CITY
OF VVICHIT-A Fj,,LLS, TEXA.S.
SIMION I.
That the abutting property owner and/or person, firm or corporation
enjoying the use of any propertyabutting on a sidewalk and/or curb that has be-
come defective and resulted in causing damage or injury and due to such def-
ective condition shall be pxdmarly liable in damages for any loss or damage
sustained as a result of such defective condition.
ShLTION II.
That it shall be the duty of any property owher and/or person, firm.,
corporation making special use of any sidewalks and/or curb for ingress or
egress purposes, loading elevators, downspout drains or any other specific
use of whatsoever kind or character to keep said sidewalksp parkways., curbs
and driveways abutting said property in a good and safe condition and free from
any defects and hazards of whatsoever kind and character.
SECTION III.
That any sidewalk. parkway, driveway or curb which has become defective
and unsafe and hazardous is hereby declared a nuisance and it shall be the duty
of the owner or owners of property abutting on any street, avenue,, public alley,
place or square or section or part thereof along which sidewalks, curbs, or
driveways are ordered to be reconstructed repaired within thirty (30) days from
the receiving of notice as provided for herein to reconstruct or repair said
sidewalks., curbs, and/or driveway in accordance with the standard specifications
providing for the construction of sidewalks., curbs or driveways and such ex-
pense shall be borne by the abutting property owner or owners., and the failure
of any owner or owners or agent of any ov.mer to reconstruct or repair any such
sidewalk,, curb., or driveway ordered to be reconstructed or repaired by the City
,ineer shall be guilty of a misdemeanor and shall be subject to a fLine upon
conviction as provided for in t[iis ordinance.
6LMON IV.
The following forra or notice signed by the City z-hgineer or his duly
authorized representative, which notice may be served by any police officer
or other person designated by the City Council to serve the same., shall be deemed
sufficient:
SECTION V.
Dear
You are hereby notified that the sidewalk (curb, driveway) in front
of the property owned by you or of which you are agent, located at
Street., is in a defective and hazardous condition and you are
hereby ordered to reconstruct and repair the same in accordance with the
specifications for cement sidewalks and concrete curbs and gutters as pro-
vided for in Ordinance No. Z&V of the Ordinances of the City of '.,.Tichita
Falls.
You are, further, notified that in accordance with Ordinance No/ Off
if you fail or neglect to reconstruct or repair said sidewalk- within thirty
(30) days you shall be subject to the penalty provided for in the ordinance
which is in any sum not to exceed 'tp�200.00
Yours very truly.,
C ITY IMILMM
By__
,S�ZTION VI.
Any person., firm or corporation violating any provision of 'his or-
dinance shall be guilty of a misdemeanor and if convicted,shall be f"ined in
any sum of not less than ��',25.00 and not to exceed "p"200.00. Every day that the
violation is continued shall constitute a separate offense. This penalty shall
be in addition to and cumulative of the primary liability for any loss or damage
resu'lting from defective and unsafe condition of sidewalks imposed by this or-
dinance upon abutting property owner of said such defective and unsafe sidewalks.,
curbs,, gutters and/or driveways.
6Z CTIGN VII.
That all ordinances and parts of ordinances in conflict herewith
are hereby repealed.
SECTION VIII.
the fact that the City of Wichita Falls has no adequate or-
dinance prescribing ruie6 and regulations for the r�,,construction,, construc-
tion and repair of sidewalks, curbso gutters and driveways and the remedying of
defective, hazardous and unsafe conditions of sidewalks, curbs, gutters and
driveways and the fact that numerous persons have received injuries as a result
of defective,, unsafe and dangerous sidewalks, curbs., gutters., and/or driveways
., creates an urgency and an emergency which requires that this ordinance shall
take effect immediately from and after its passage as in the Charter in such
cases is made and provided.
PASSED .41,1D APPR,,)VZD this the 17 day of July J1,'1..D.,, 1944.
LU)MR -
I TTE�T-
CITY CLERK