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HomeMy WebLinkAbout05666 ORD - 02/10/1960IAS:JKH:2 -10 -60 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND DELIVER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, AN AGREEMENT WITH LICHTENSTEIN'S, INC., A TEXAS CORPORATION" PROVIDING FOR THE BEAUTIFICATION OF THE SIDEWALK AREA BY THE P NTING OF TREES ON THE LAWRENCE AND CHAPARRAL STREET SIDES OF THE LICHTENSTEIN'S PROPERTIES A COPY OF WHICH AGREEMENT IS ACHED HE TO AND MAD A PART HEREOF; AND DECLARING AN EMERGENCY. WHEREAS, LICHTENSTEIN'S, INC. IS DESIROUS OF BEAUTIFYING THE CURB LINES OF LAWRENCE STREET AND CHAPARRAL STREET CONTIGUOUS TO THE LICHTENSTEIN DEPARTMENT STORE BUILDING BY THE PLANTING OF TREES IN PLANTING WELLS AT INTERVALS OF SAID SIDEWALK AREA AND THE REMOVAL OF PARKING METERS AND SUPPORTS OF PARKING METERS AND THE CITY IS AGREEABLE TO SUCH BEAUTIFICATION PROJECT UPON CONDITION THAT THE CITY ASSUME NO RESPONSIBILITY FOR CLAIMS BY REASON OF THE CONSTRUCTIONS MAINTENANCE AND EXISTENCE OF SAID IMPROVEMENTS: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTIO TEXAS: SECTION 1. THE CITY MANAGER IS HEREBY AUTHORIZED AND DIRECTED TO EXECUTE AND DELIVERS FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI AN AGREEMENT WITH LICHTENSTEIN'S, INC. A TEXAS CORPORATIONS PROVIDING FOR THE BEAUTIFICATION OF THE SIDEWALK AREA BY THE PLANTING OF TREES ON THE LAWRENCE AND CHAPARRAL STREET SIDES OF THE LICHTENSTEIN'S PROPERTIES A COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION. THE NECESSITY FOR IMMEDIATE EXECUTION OF THE AGREEMENT AND THE COMMENCEMENT OF THE PLANTING DURING THE PRESENT PLANTING SEASON CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION 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 COUNCILS AND THE MAYORS HAVING DECLARED 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 THAT THIS ORDINANCE 5663 TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGES IT IS ACCORDINGLY PASSED AND APPROVEDO THIS_/o DAY OF FEBRUARY, 1966. C- MAYOR THE CI F CORPUS RISTIJEXAS ATTEST: / J CITY SECRET RY APPROVED AS TO LEGAL FORM THIS 7 DAY OF FEBRUARYS 996o: � v( . /L CITY ATTORNEY T14LSl'A'14O TL S Q COUNTY OF NUECES Q THIS ftiYd;:MORA1VDUA! OF Aa:,11LZI. UNT made and enterad into by and between LICHTENS'TEIN% INC.. a Texas corporation with principal offices at 901 North Chaparral Street. In the City, of Corpus Christi, Nucces County. Tema, and the CITY OF CORPUS CHRISTI. TEXAS, a municipal corporation of Nueces County, 'Texas, W I T N E S S L T H: THAT WHEREAS, Lichtenstein Sailding Corporation, Hotels. Inc.. and A. A. Lichtenstein. Trustee are the owners of iota One (1), Two (2), Zleven (11). and Twelve (12), Block Twelve (12). Beach Portion Addition to the City of Corpus Christi, Nucces County. Tows, together with the buildings thereon situated; and WHEl:ZAS. Lichtenstein's. Inc. is the owner of a long; tors; lease covering the lots and such buildings, together with other adjacent buildings, conducting a department store operation thereon. and, as such, for the term of this permit shell be in control of such propertiesi and WHEREAS. Late One (1) and Two (2) above described face on Chaparral Street in said city for a distance of one hundr0d Feet (100') on the westerly side of Chaparral Street at its intersection with Lawrence Street, and Lots One (1) and Twelve (12) side on Lawrence Street in said city for a distance of three hundred feet (3001) on the northerly side of said street between the intersections of Lawrence Street with Mesquite Street and with Chaparral Street; and WHEREAS, the City of Corpus Christi maintains along the curb lino of Lawrence Street and Chaparral Street. and contiguous to the above described properties. parking meters for the control of the parking of auto- alotive vehicles; and l7 MERE -A . L chtenstoin's. V.c. in desirous of beautifying the curb A linos of Lawrence Street and Chaparral Street contiguous to A@ department at;sse building by the planting of live., growing trees, the planting of which will require the removal of the aforernentioned parking motors, the removal _ o,l portions of the paved sidewalk area, and the excavation and encasing of planting wells for the support of such trees, along the curb line of Lawrence Street and Chaparral Street corativuous to its department store operation. NOW. THERZ ORZ, KNOW ALL MEN BY THESE PRESENTSc That LICHTENSTEMIS, INC. and the CTr'Y OF CORPUS CHRISTI, TEXAS, have and do u utuslly agree as Follows: 1. That the City of Corpus Christi will upon further written notice frow Lichteastein'a, lac. remove within five days from such notice the parki ag meter devices situated along the curb lines of Lawrence Street and Chaparral Street, at the cost and expense of the City and will pro-Ada against the parking. of motor vehicles along such curb lines. Lichtenstein'*, Inc. will, at its expense, remove the Teeter ;stands and cause tho holes created by such removal to be filled with concrete to a smooth surface uniform with the surrounding sidewalk. 2, That. not later then ten days from the removal of such parking motors. Lichtenstain's. Inc. will cause excava- tion to be evade along the curb lime of Lawrence Street of not lees than fourteen, nor more than twenty planting wells of a size approximately twenty -cis inches in diameter, which wells during the excavation, construction, and planting period will either be covered or protected to preclude the general pedes- trian traffic frmre falling into any such wcca,vations. That where the sidewalk is ronxoved to accommodate the -planting wells. a. protective retaining wall around the circumference of the well will be constructed twelve inches high from the our- face of the sidewalk and will be smooth surface, rounded at the top and grouted at the pidewalk level so that there will be no un- -g- oven or open areas. That - Immediatoly upon excavation of such planting wells and progressively as such wells are constructed, growing trees will be transplanted therein, which trees ,shall be tree of foliage and/or branches below a six and one -half feet pedestrian clearance from the surface of the sidewalk. "That, thereafter. Lichtenstein'&. Inc. shall maintain such trees and the areas in which they are planted in an orderly. clean, well- trimmed, "d well -kept manner and, failing so to do, the City of Corpus Christi shall have the right to maintain such trees and the areas in which they are planted In an orderly, clean. well - trimmed, and well -kept manner at the sole expense of Lichtenstein's. Inc. Provided, however. that in the event Lich- tenstoin'a, Inc. elects to abandon. such project at any time it may do so, in which event it will restore the sidewalk area to the as reasonably good condition as the contiguous sidewalk area thereto, it being intended that the City of Corpus Christi may not. maintain the project at the expense of Lichtenstein's. Inc. if Lachtrmtein's, Inc. elects to abandon the project. Any trees dying shall either be re- planted promptly or the location shall be abandoned and the sidewalks repaired in a good. workmanlike manner commensurate with the contiguous sidewalk area. Lich- tenstein's, Inc. rr:ay, at its option and within the earth area of the planting well, plant from time to time seasonable growing flowers, as further beautification. fixcept as hereinafter provided, the City of Corpus (,hristi grants to the said Lichtenstein's. Inc. its permission to construct and maintain such planted area for a terra, determinable by Lichtenstein Is. Inc. Provided. how- ever, that the permission herein granted by the City of Corpus Christi shall not bo in derogation of the CAy Charter and such perrission is granted for a term co-extensive with the n2axcmurrri period porwitted by the City Charter -3- without the calling of an election. In consideration for the CAy of Corpus Christi. Texas having granted the Foregoing permission and having agreed to reenove the aforwentioned parking meters and foregoing the re- installation of such parking meters for so long as such beautification project is maintained. Lichtenstein 'a.. Inc. agrees to bald the City of Corpus Christi free and clear of any and all claims arising out of the beautification project and resulting in the injury to any person or peraoas or the damage to any properties. F rchtenstein's. Inc, imeler agrees. at its expense. to defend the City of Corpus Christi in any such personal injury or property damage claims and to repay any damages arising from such clair. -S. or to reizi_baree forthwith the City of Corpus Christi. Texas any moneys which it may be called upon to pay by reason of any ouch claims. Provided further. that the City of Corpus Christi may at its election and at the sole cost and expense of Liehtenstein's. Inc. remove all trees planted. or other vegetation planted as provided for in this agreement. and repair such sidevialka in a uniforms manner. without further notice, at such tin-w as Lichtenstein'a, Inc. is sold or in the event 3.ichtenstein's. Inc. should be declared a bankrupt. Provided furtbtr, and on or before the execution of this agreement on behalf of the City of Corpus Christi, Texas, Lichtenstein's, Inc. shall furnish to the City of Corpus Christi an ;nsuranca certificate issued by a reputable. responsible and recognized insurance company, showing that Lichtenstein's. Inc. is insured and tho City of Corpus Christi. Texas is co- insured to an extent of not less than 3100.0^x0 to $300.000 in public liability - bodily injury; of not less than $10.000 public liability - property darLago; of not less than $140.000 to $500.000 general or comprehensive general liability - bodily injury; and not. less than $50.000 general or comprehensive general liability - property damage; which insurance coverage shall be rraintainec' in like meaner covering both L chtenstein's. Inc. and the City of Corpus Christi for so long as the planted areas above provided for are maintained, -4- ' EXLCUTED IN TRIPLICATE, either copy of which shall constitute an original, this the day of 1960. LIGHT LKST EIN'S. INC. Attest: By President Secretary CITY OF CORPUS CHRISTI, TEXAS Attest: By city 3ecretary City 14IMSer Approved •e to legal form. this the day of 1960 City Attorney .5.. • TIME STATE OF TEXAS COUNTY OF NUECES � BEFORE ME, the undersigned authority, on this day personally appeared Morris L. Lichtenstein, President of Lichtenstein'*„ Inc., known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to mix that the same was the act of the said Lichtenstein'&, Inc., a corporation, and that he executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. GIVLN UNDER MY HAND AND SEAL OF OP 'ICE, this the day of 1960. Notary Pubic. Nueces Uo ty. Texas TUC STATE OF TEXAS � r.; COUNTY OF NUrCP:S Q BEFORE ME. this undersigned authority. an this day personally appeared Herbert W. Whitney, - City &1saager of the City of Corpus Christi, Texas. known to me to be the person whose name is subscribed to the foregoing instrumwA and acknowtedged to me that he executed the same for the purposes and consideration therein expressed, and in the cape, €:ity therein stated and as the act and deed of amid City of Corpus Christi GIVEN UNDER MY 14AND AND SEAT OF OF.ZICE, this the - days of iWq Notary MM.. Naeces county. faxes CORPUS CHRISTI, TEXAS DAY OF , ig " * 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; 1, 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, WY-OR THE CI CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTES ELLRoY KING JAMES L. BARNARD MRS. RAY AIRHEART JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GABE LOZANO, SR. THE ABOVE ORDINANCE WAS PASSED BY T ELLROY KING JAMES L. BARNARD MRS. RAY AIRHEART JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GABE LOZANO, SR.