Loading...
HomeMy WebLinkAbout05849 ORD - 08/03/1960° IMS:JKH:8-2 -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 CORPUS CHRISTI TOdN CLUB, A TEXAS CORPORATION, PROVIDING FOR THE BEAUTIFICATION OF THE SIDEWALK AREA BY THE PLANTING OF TREES ON THE WEST SIDE OF WATER STREET, EXTENDING A DISTANCE OF 200 FEET FROM STARR STREET, A COPY OF WHICH AGREEMENT IS AT- TACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. WHEREAS, CORPUS CHRISTI TOWN CLUB, A TEXAS CORPORATION, IS DESIROUS OF BEAUTIFYING THE CURB LINES OF WATER STREET CONTIGUOUS TO THE TOWN CLUB BUILDING AND PARKING LOT 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 AGREE- ABLE TO SUCH BEAUTIFICATION PROJECT UPON CONDITICN THAT THE CITY ASSUME NO RESPONSIBILITY FOR CLAIMS BY REASON OF THE CONSTRUCTION, MAINTENANCE AND EXISTENCE OF SAID IMPROVEMENTS: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE CITY MANAGER IS HEREBY AUTHORIZED AND DIRECTED TO EXECUTE AND DELIVER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, AN AGREEMENT WITH CORPUS CHRISTI TOWN CLUB, A TEXAS CORPORATION, PROVIDING FOR THE BEAUTIFICATION OF THE SIDEWALK AREA BY THE PLANTING OF TREES ON THE WEST SIDE OF WATER STREET EXTENDING A DISTANCE OF 200 FEET FROM STARR STREET, A COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. 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 c THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR, HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, 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 TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY PASSED AND APPROVED, THIS THE DAY OF ig6o. ATTEST: - MAYOR THE CITY OF C PUS CHRI , TEXAS CITY SECRETA Y APPROVED AS TO LEGAL FORM THIS THE 3 DAY OF �_, 196o: CITY ATTIORNtY f, o THE STATE. OF TENAS = CWNTY OF NUECC,5 THIS MmakNOUM.of A40EENCNT MAD€ AND ENTERFO INTO NY AND, OCTWEEN CORPUS CHITISTI TOWN CLUB& A TEXAS 4ORPORATION, WITH PRINCIPAL 06IIaffS IS4 T11E CITY OF CORPUS CKITMIf NUMB Iiomy, TE %AB, AND THE CITY or CORPUS CHRISTI, TEXA+, A 14LMOCIPAL CORPORATION, OF NU€ S COUNTY, TtXASp - - ?' W ITN �TH¢ THAT WHEREAS, CORPUS CHRISTI TOWN CLUB to INC OWNER or LOTH ;a 3 AND -4 IN BLOCK 6, 8,-ACN inaTION ADDITION or THE CITY,OF CORPUS- - CHRtSTt, NUECEa +COUt1TY, Tex"* TOGETHER WITH THE IMPROVENEMT'B "EREON SiTUATCOI AND WHEREAS, SAID LOTS ABOVE MCRIM FACE Oh WATER STREET FOR A OISTANCE Or 200 FEET Ok THE WESTERN AIDE OF $AID WATER '.STAECT "ORTB OF THC iHTGRaCOTtON Wilra STARIi STRECTj AND WHEfMAS„ THE .CITV OF CORPUS CHRISTI MAINTAINS ALD€ta THE CURE LINE or WATER S;RECT, AND COt"IQUOUS TO THE ABOVE DESCRIDE4 P'ROPEIMCS,t PARKING METERS FOR 7HE CONTROL OF THE PARKING OF AUTOMOTIVE VQHICLESE AND r, REAS,, CORPUS CHRISTI `OWN CLAID It 0019GUS pP REAUTIPM MO :a INC CURB LINE of WATER STREET CONTIGUOUS TO ITS BUILDING AND PARNINO - - LOT By iHE P'LAHVIND Or LIVE, GROWING TRCESs THE PLANTINti OF VNIt:H 11ML, REgUIr3 THE teNOVAL Or THE APORaX%TIOWD PARK too MXTERS, THE REMOVAL O1 PJQ�TIO:I9 or rn PAVED StDFWALK -AR9A, AND THC CXCAVATION AND ENCASING or I(ANTIR(i WELLS MR TUC °SUPPORT -OI SUCH TP.EE3, ALONG THE CURB LlHE OF j�ATER STREt:T,COATIGUCUS TO ITS OUILDIKQ AND PARKING LO'I'i FIC�i, ittE FiJFEy KNCGI A44 F1EN BY THIM PRESENT5i THAT THE CORPUS CHRISTI TOWN,CLUO AND THE C5JV OF CORPUS CHRISTI lIAVC AND PP ;114TUALLY A3REE AS ftMLOWSC i. THAT THE CiT'r Or CORPUS CHRISTI WILL UPON FURTHER WR#TTCH NOTICE FRAM CORPUS CHRDSTi TOWN CLu9 RENQVE W1THD8 61VC - DAYS FROM OUCH NOTICE THE PARKING METER DEVICES SITUATZO ALONG ` THE CURS LINES OF WATER SiREET,/,AT THE COST AND EXPENSE OF THE GITT AND WILL PROVIOE AGAINST THE PARK'IN10 OF MOTOR VEHICL'CS ALONG SUEN- - CURS A-iME . COImut CHRISTI TOWN ,CLUS WILL, AT rT* EXPENSE, .IZi&MOYE The 11CTCR STANDS AND CAUS'C TK HOLES CRL`ATrO, UY Y.UCH 'RLIWVAL TO OE FILLED WITH CONCRETE TO A SMOOTH SURFAcC UNIFORR WITH THE SURROUNDING SIO£W1LK. 2, THATp• NOT LATER THAN TEN GAYS "ON THE REMOVAL OF Simi PARKING 14ETERGo CORPUS CHR18T1 TOWN CLGD WILL CAUSE EXCAVAT44M TO 89 HAOE ALONG, THE C11R9 LIM OF WATER ;STREET OF NOT Lrss YHAN N1NE,•' 11 NOR MORE THAN 'TWENTY 'PLANTI No. WCsLS Ot A 8IZE APPROXIMATZtV TWENTY =SIDS INCHES IN OIANCTER,/ WHICH WC-LLr. 000114 THC EXCAVATIOus CONSTRUCTION AHD JOLANT1NFi PER14q WILL ED' #HER at cOV!<P.ED Olt PGOTCCTEO TO PIZECLUDE "E, GENERAL PtDt3TIIIAN TRAFFIC FROM FALLING INTO ANY SUCH EXCAVATIONS. THAT WHERE THL' SIMMALK IS e'EMOVED TO ACCOMNDOATC INC PLAWINO t tLt,*t A P901ECTIVE RETAINING WALL APOUWD SHC CIRCUMFERENCE or "C VeLL WILL OC COWWUMO TWELVE INCHES MICH FROM THE SURFACE or INC SIDEWALK Alto WILL BE SMOOTH SunirActo ROUNDED AT THC TOP,ANO GROUTED AT THE SIDEWALK LE,Y£L $0 THAT THERE WILL OF NO,UNEVEN OR OPEII,AREAS. THAT DMHEOIATELY UPON GASCAVArift Or OUCH PLANTDN- WELLS AND PROOMSIVELY AS Suck WELLS ARE CONSTRUCTED, 19i30WINli sRE£$ MILL BE TRANSPLANTED THERE- , . M, WHICH'TRECS SHALL HE FREE OF FOLIAGE AND /0R ,BRAIgCHE3 UCLOII A $18 A1'Di ONE -HALF FEET PE69379IAN CILZARANCE Feow THE'$U"ACC OF T}Ie; SIDEWALK, THAT, rHERCAPTERx CORPUS CHRISTI TMI CLUO SHALL MAINTAIN SUCH TREES AND 'THE AREAS IN %,I11Ci4 THEY ARE PLAUTEI> IN AN ORDERLYV CLEANO WELL - TnIMMED AWD WELL -KEPT NAIJWER AND,, rAILINQ SO TO DO,, THE CITY" Or GOCPUS'CHRIST1 &H ALL HAVE fHE RIGHT TO MAINTAIN SUCH TREES AND THE AREAS IN WHICH THEY ARE PLAN'TEP IN AN ORDERLY, CLEANS W£LL- TRIk1NED AND WELL -REPS' MANNER 'AT M ' SOLE 9XPENU of CORPUS CHRISTI TOWN CLUtP. _g_ PT?OVtaE0' HOWEVER, THAT IN THE EVENT CORPUS CHRISTI TOWN CLUB CLECTS TO ABANDON SUCH PROJECT AT ANY TIME IT ClAY 00 $0, IN WHICH A LVEOT IT VILL RESTO('K THE SILJCWAL3 A4.rA TO THE AS REASONABLY GOOD CQ,'=TIOA AS THE ;�OOTICUOU3 SIDEWALK A7,'EA ThErFTO' IT ocia'- InTruo- ED THAT THL CITY OF 4,0 :,PUS .;Nf'irTj HAY 1,107 MAINTAIN THE PROJECT AT Tmr. cxPEtisc or Cmpuo CtinmTi To,,.,N CLUB 'IF CoapuG CyniuTi TowR CLuD CLCCT49 TO A�A%00"i THE PRoJECT, ANY TREES DYING SHALL EITHER OE EC•PLAUTC,l PPOMTIYLY OR THE LOCATION SHALL BE AOAtIDONCO AND THE SlOtAIALK$ REPAiRCD IN A GOODS WOR-jXt4ANL;At WARNER COMMCfiSUrATt WITH TRr 1101,1TIQUOUS SIOILWAfK ARCA. CGIPUS CanisTi TOW4 CLUB RAY, AT ITZ CPT30% ACID WITHIN THE EARTH AVtA OF THE PLANTING WELL,, PLANT FROM THIE TO Tltlt OLAOOINAMLE GROWING r-0VrTS, MD rUiT"Cr OCAUTiFICATION. EXCEPT AS HErWIAFTER, PIOV#OF-D, THIZ CITY Or ConPU$ CHRISTI ORANT5 TO TtiC S,%ID CORPUS CHRISTI Two CLua im, PrrimIssioN To cwisrnucT A;.10 UAt:ITA!Ll SUCO ?LtkllTtq AREA rOl A TEN1 DE:TCM41T)AULE GY (;QVPUfd T•)W! ilua. Flnvlow, *iow,-vcv, THAT TH: PZrl-l'4IsSi9!l licrICIN GRAqTCD UY THE C TV Or CORPUS CHRISTI SHALL NOT 6E Ig DEROGATION Of THC CITY CNAPTE:T AuD SUCH PERMISSION 13 rRA;4TrD FOI• A TERN} CO- EXTENSIVE '.11TH THE t4AXtMJN PCVIOD PEVWITTED BY THE CITY CHARTER WITHOUT TH£ CALLING, Of AN t:LCCYtON* IN rOlISODCRATION rOn THn CITY OF CORPUS Cmv m, TEXAS, VAVIl;G ;RA,ST&D Tlir. rO'LC,01t42 AND HAVING AGP—'CO TO PEMVVC THE PAfl.Rltl3 U.TErr, 1,10 FCT?CL'0100, THE 1,14:-INSTALLATIGt4 OF SUCH fl::Tr'r, 17(l1-, 00 LQ�Id AS 01)-i 3.-AUTIC-ICATIOU Pr'OJCCT IS HAIIITAINtDy Corr-us 'JJUI^Ti TcywN CLuD AGncLo T.) 1100 THE CITY Or ConpoS CHRISTI FREE AND CLEAR OF A.M.Y A00 ALL CLAIMS AllIGING OUT Or THE :IcAuvri(CATfoN IPO.JFCT AND RESULTING IN THE INJUZY TO AIIY PERSON OR PERSONS OR THC jAIIAC.E TO klY PRr,,PErtT;ES. 4,'ORPUS rHrtsTi TOWN Ctug FOrITHER AGREES, AT ITS EXPCNSE, TO DEFCND THE CITY OF 0rPUS CHRISTI IN ANY SUCH PERSONAL INJURY OR PROPERTY DAMAGE CLAIMS AND TO REPAY ANY DAMAGES ARISING FROM ,=H CLAF43, OT' TO 7CItIDUnSt rOnTtjWITN THr CITY or CORPUS CHRISTI, TEXAS, Alpf MONEYS WHICt- IT MAY OL CALLED UPON TO PAY PY n9A$ON OF ANY CMi'ki5 Cif 1:3T1 TON Me ATTCST: BY d• C. CUt#iigNaHRlly SECRETARY Jvs`. M, ,:tZDB /Ea � CatDCNT - � ATTEST. CITY OF C'3"iR 5 COISTi BY Cl-TV 5ECACTARY Hr,R®ERT '!. lH *TmEY$ MTV AAUAOER APPt OVEt) AS TO LWAL FOR THIS T1f� O)AY Of__* 1960; . ' r• CITY ATro::wev . ' SUCH CLAlH3. Fl-'OVsacD fURTw6 THAT THE CITY OF CORPUS CHR#SYI,HAY AT /TS ELECTION A140 AT THE $OLC COSY AND EXPENSE OF CORPUS CHRISTI ° TowN CLUB BEHOVE ALL 70££0 PLANTEDy OP OTHER VE41ETATION PLANTED AS r, PROVIOED FOR Ip THIS AGIRCCHEHTO ANO REPAIR SUCH OIDEWALKS IN A UNI- " - fORM MANNER, WITHOUT FURTHER NOTICE* AT SUCH T114E AS CORPUS CHRISTI •, ` TOWN CLOD IS SOLD an iH THE EYI;HY CORPUS .HRISTI TOWN CLUB SHOULD 81:" DECLARCD A SAHKRUPT. PnovILED FURTHER* AND DR OR BEFORE THE CXECUTIOH, � OF THIS AGRtLt4CNT ON BEHALF OF THE CITY OF COQPUN CKR13TIN TEXAS, CORPUS CHIIIUTA TOWN CLUB SHALL FUR;IFOH TO THE CITY Or CORFU$ Cwtidv - ' AN IN50ANCC CERTIFICATE ISSUED BY A RtPUTABL£y RCSPONVOLC AND _ REGMN12ED INSURANCE COMPANY* SHOWiNO THAT ,CORFU$ LHRiST1 To" CLUB - IS INSURED' AND THE C1TY'OF CORFU$ CHRISTI,, TEXAS, IS CO- IIistlatO TO All EXT£NT OF NOT LGSM THAN $100,000 TO $30,000 IN PUBLIC LIABILITY 1300ILY IHJURY4 Of NOT t,--"3 THAN $10,000. PUBLIC LIA014ITY = PROPERTY CAWAGE) OF 140T LC35 THAN t100,W0 TO $f)00,%O GENERAL OR CONP-REH£NSlVL - G &HrRAL LIAD10TY - BODILY• INJURY, AND PsOT LCS3 THAN 'MAW GENERAL - , OR COHPREHENSIVE OEN6RAL LIABILITY -'PROPERTY OANAGE; WHICH INSURANCE. COVERAUr SHALL EC HAIIiTAINED IN LIKE HANNQR COVERINQ COTItCORPUSG CHRickv Tow" CLUB AND THE CITY Of CORPUSr CiiR10TI „FOR SO LONGS AS THE ' PLANTED AREAS ABOVE PBOVIOtO FOR ARE /UAINTAIHED. EXECUTO IN DMICATEy EITHER CpPY OF WHItH SHALL CONSTITUTE � AN OntOtHALy THIS THC PAY iJi y 1960. 4 CMi'ki5 Cif 1:3T1 TON Me ATTCST: BY d• C. CUt#iigNaHRlly SECRETARY Jvs`. M, ,:tZDB /Ea � CatDCNT - � ATTEST. CITY OF C'3"iR 5 COISTi BY Cl-TV 5ECACTARY Hr,R®ERT '!. lH *TmEY$ MTV AAUAOER APPt OVEt) AS TO LWAL FOR THIS T1f� O)AY Of__* 1960; . ' r• CITY ATro::wev . THE STATE CF TEXAS j COUNTY OF M)ECES 4 M _ UEFO'.E: (ES INC UNDCRAtGurO AUTHORITY' 4N THIS DAY PCRSONALLY APPEARED JOC (i.'CROAE AND W. C. CUNNINCNAN, PRESIOENT ANO,SECRETARY$ , RESPECTIVELY) OF CARPUS CHRISTI TOWN CLUB,'KNOWN TO MC TO at THE PERSONS' AND OFFICERS WHOSE NAME& ARE SUBOCRISED TO THE f6REQO111% INSTRUMENT, AND ACKNOWLCGGED TO NE THAT THE SAME WAS THE ACT OF THE SAID CORPUS - CantsYt,TOWN CLUBS A CORPORATII#M, Amo THAT THEY CXECUTEO'TM9 SAI16 A3 THE ACT Of SUCN CORPORATION FOR.THE •PURPOSL* AND COIIBIDCRATIOtf THEREIN EXPRCSSEO, AND IN THE CAPACITY THERM STATCD, GIVEN UNDER W, HAQ ANEW 4EAL' Cf OFFICE, THIS TII( pn DP - 4T,ARY PU®LIC M AND FOR NUCCES COUNTY# -, TexAs TFE STATE Or TEXAS COMM OF UM- CE8 � BEFOM MME, TILE VOKIMIGNED AUTHORITY, ON TNID DAY titRBONALIY - APPEARED HEROERT W. WHITNEY, CITY KANAOCII OF THE �CcTY OF FrORPUII i.HRI'Tl, TEXAS, KNOWA TO HE TO OC THC PERSON WHOSE NAME 18 HgD86RtOICD TO THC FORC - GOFH(i INSTRUMENT AND ACICHOW COGCD TO NE YIIA Hf ExEtUTEI3 T8i l�AICE i3OR, - THE PURPOSES AND CONSIOERATION THEREIN CXPRESSED, AND IN THE CAPACITY P THEREIN STATED AND AS THE ACT AND OLEO OF SAID CITY OF C**US CHRISTI. GIVEN 1NM 14Y KW AND s''EA4. OF OFFICE, THIs THE DAY OP F OTART 1aU IC iN AND' FOR EIIJECES OLC ;TT, a .,..- .....e..34..., .,.,_, .....,s.: a..�.. -. .toss. -.. .... Y.i +, :t.:.. a... � ^�.��. •E -. ... _ '... .;... ,.:\ ,.. .� Vii. CORPUS CHRISTI, TEXAS DAY OF L�...Q,C y 19 (n 0 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, Y yo THE CITY RPUS CHRI I, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: 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 THE FOLLOWING VOTE: ELLROY KING JAMES L. BARNARD MRS. RAY AIRHEART JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GABE LOZANO, SR. a 1 y August 21, 1961° Mr. Joe M. Crone, President Corpus Christi Toren Club P. 0. Boot 1622 Carpus Christi, Texas Dear Mr. Crowe: Under lots of 9apt -bar 16, 1960, you advised that the Board of Directors had not reached a decision concerning the plaeting of trees an the Water street aide of the Club Bailding, and requested that the file be held upon pending such a decision. Zr a decision has been reached in the matter T would appreciate your returning one executed copy of the Agreement to this office. very truly yours, T. Ray Kring City secretary '1SilSmm s z CorPus C" Town Club R O. B= 325 C-P- ClrIM T.W sq-6 e6" 96, 7960 (ems SU •1960 RF-C IC�Bf� Ala. T. R Cs� C .11 CMPM C P. Q Box 7622 C-v-u GW4i4 Te=d OeoA. & !(V.; C-'A Plana Ax mw caria&=tun aad madqi.catiorr. 4 Ae Town. Clu.6 69i,4d aae AW-460p&% Meek ada= AM had been an iicip� "U a aea 4 Ae &w4d 4 Oi aectaaa has nat aeaclted a deei e m cem, ceal -v the pwpamd A-" an .the wa&c Stt4eet Bide 4 .the 6ui+ &jz & ms.0 aPPQeCW& PM 4aUUW •tea AZe Ope!t mstfl AWA .three as .the Board 4 P ea&u czat aeach a deai.eian. Vev 0,m C4-% Paedidet COYW C441-A& Tame. Club ;V4 September 7, 1960 Mr. Joe M. Crow, President Corpus Christi Town Club 701 N. Water Corpus Christi, Texas Dear Mr. Crow: I would appreciate your complying with my request of August 5, 1960, reading as followas "Herewith is an agreement in duplicate in reference to beautifying the curbline on Water Street contiguous to the Town Club. "If the agreement is in order, kindly execute and return the original to this office." Very truly yours, T. Bay Bring City secretary TRK:mem CITY-04r } "- CORPUS CHRISTI CORPbB CHRISTI, TEAS August 5. 1960 Mr. Jos M. crew, president Corpus Christi Tess club .701 N. Water Corpus Christi, Taws Dear Mr. Craws 0 Hormith is as agreement is duplicato is re£araacs to baauti£yisg the curbliss on Water 9trast- eeatigus1114 to the TOWS Club. it the agrasmaat is is ariar, kindly execute and ratura the original to this office. Dvery truly yours, T. Ray Krieg City Secretary TRRScks