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Home My WebLink About05915 ORD - 09/28/1960u AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AN AGREEMENT WITH ZALE`S EMPLOYEES PROFIT SHARING TRUST, ACTING BY AND THROUGH AL GARTNER, TRUSTEE, ESTABLISHING THAT THE RIGHT OF "iJAY OF SCHATZEL STREET, AS SHIJoIN ON THE MAP OF THE BEACH PORTION TO THE CITY OF CORPUS CHRISTI, OF RECORD IN VOLUME A, PAGE 3 OF THE MAP RECORDS OF NUECES COUNTY, TEXAS, IS CORRECT AND THAT THE RIGHT OF WAY AS SHOWN ON SAID MAP AS SCHATZEL STREET IS A PUBLIC RIGHT OF WAY AND PUBLIC STREET, A COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF, AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE CITY MANAGER, ACTING FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, 1S HEREBY AUTHORIZED AND DIRECTED TO EXECUTE AN AGREEMENT WITH ZA.LE'S EMPLOYEES PROFIT SHARING TRUST, ACTING BY AND THROUGH AL GARTNER, TRUSTEE, ESTABLISHING THAT THE RIGHT OF WAY OF SCHATZEL STREET AS SHOWN ON THE MAP OF THE BEACH PORTION TO THE CITY OF CORPUS CHRISTI, IN VOLUME A. PAGE 3 OF THE MAP RECORDS OF NUECES COUNTY, TEXAS, IS CORRECT AND THAT THE RIGHT OF WAY AS SHOWN ON SAID MAP AS SCHATZEL STREET IS A PUBLIC RIGHT OF WAY AND PUBLIC STREET, A COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE NECESSITY TO EXECUTE THE AGREEMENT AS OUTLINED IN SECTION 1 HEREINABOVE CREATES A PUBLIC EMERGENCY AND PUBLIC IM- PERATIVE 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 COUNCIL, AND THE MAYOR HAVING DECLARED THAT SUCH EMERGENCY AND NECESSITY EXIST, AND HAVING REQUESTED THAT SUCH CHARTER RULE BE SUSPENDED, AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER IT AND APPROVED THIS TDAY OF ATTEST-- CI SECR VTA f APPWV D AS TO LE F N THIS DAY OF 1960; Cl Y ATTORNEY �J F ASSA.GE, IT 15 ACCORDINGLY PASSED 1g6o. THE CITY OF CHRISTA TEXAS THIE STATE QFF M&S COUAWV- ar < cm MIMMMW, a MIrVey ehows U'7iat the buildinG located on, Lot 6 in �--Iock Beao�l Fortii,,nri to the Ci ty of Corpus Christi, as Shown by map or Plat of said cit�� of record in Volvme A, N,te'Ne 3 of tkm V%P Records of Hu"es CountZ -, 11,exas., jo� so conatruated that a portioz-1 OIL' the N0'rth wall of sald building 8W--r 0aWqes UPon the area ahvvin on spAd Taap rscord t z schatrel Street :U'a the Cit;• Of Cor-Pus Christi, Texan; and 1 ! i 1012REWkS, ordinances i�xavo heretofore been adoplv-ed per- k TaIttin tino ems -Istenf-'a of said -!:1,u2-1d1nG but use ordinazic-es are ,o some exteitat inade"ate In- V`.i* 1.1e.,rht of a survey of 1960 as to Aire Present coqditiona existlng, at the of said building; and. WHEF So it ls,tae rite film of the part-lea iiereto to recognize. ;,'he exiatence 01, „chap e2 Street- ar, platted on said plat, of record In said VoILtje jrj, Page 3 of the lap Records of lifteces Cow-�ty, Texas, and also to perrAit tj7je ootjt-t,.jua-I0n of the- existence of maid building, until 'Whe useful life t1,10reof has been exi- taus ted �,rd further, to protect the City frora P-YW claj-,18 which itlight arlse b�tr MaSOn of such encroackment, an the street rUn.t of -way on Schatzel Street; wrid WHEWS, the underaigpled. Zale's Employees Pr6ftt Sharing Trust, acting b2 and t'hrol*ft it's duly aut1horized Trustee, Is entering int.0 a contract for parchaae of said building and land Upon Wilda the same is situatod and desires to enter into V118 aSrMaellt with the City of Corpus CvIrlsti to be effective i y � , aL% and w'hen L.1te transaction of '41le pkmcheze of said property from tae Present own-era 1-8 cmVv le td ead aloseda 1 12110 '91 , 11 ISL 11 I IM1170PI-1., 11OU-11, AL AEN 31Y TME ? PIRIMSEPOPS-1 That w mjplqyeos Profit S-Inaring Trust, acting --14 `�Wou Al Gartner, Ito di:ay a.-athorized Tmeree, for and In Of t-he P-MWLseo and the agre&w."dc; on taie part Of t� qO C1 Y _IU-MinaPl5er Con-L'alned, does aerebl agree to and With. v e City of Corpus (.�tr- st-4, Texas, t' at tAe r Of way of Schatzel Street, as alhown on the map of the beach portion to vie CV Y Off`' CQI':P= 0ar!Asti s Of recOrd irl VQI=e A, Page 3 of the map F400VIS of ique s Covmty, Texas, to which reference is here ma de arA tx 0 same _aada a part hereat by reference, Is carreot and t1hat 'lie rtgpht of- way as shown on. said �.,,wmp me Zchatze! Street is 'e, public rig;% � of way at-4 publ;Le. street, "7" a' LnIlloyeen Profit Sharlr�g Trust furt-ner agrees wad -hereby abligates itself if, as ,u-4 when -Lt -has 'aoqui , red title to said propertj to impose an the Propert�7 as a a-0vw-,Mnt rw-aUng ntb "he land that its successors and asalgm shall maintaAn said _,1d;_ g,, irlaofar as it extends into said Selhat . I ve Stre.et right of way, so t1nat such bulldlng shall not be unanfe or co-astitute a hazard or darWr to the gublie using tho said public; right of way and to indemnify and hold hari,.iless tile Uty of Corpus Christl against any arW all elaim that, ma,,� arise 'and any - and all llabllit'.y that vaig�it be Imurred by the Cilly as tae result of or beowaze of the encroaahment of said buildi,.V- and anZpr and. all parts thereof Into, on, under or over any PQrtlon of sald pWolio r1gat of way. Tho City of Corpus Christi does hereby awe to t continued use and ooeupattoy ot the parts wad portions of said publio rlgiit of uay of Sciiatuzel Street now occuplod by the said building or ay part the reot, It Is further agreed that this ime of said right of way area Whall orWlAaue unless and until substantial remodeling or reconstruction of said building is wadertaken, bi which term is piwun 50% or more of the value of t1he present imp rove.-ae-ats, or unless and until eald bvUlding be d&�,uqged by f Or other disaster to the extent of 50% of t1je Structure, and tapon the oe our ronee or either of said events a right of the said Zile ls Employees Profit Sharing Trust and/or its successors in title to ILhe use Of SP-id Portion of said rignt Of wa-Sir ol' zald Sohatrel tmet s¢ mll cease and be of no V'aT-t,'10V force or effect. It is furtkier agreed and anderstood that 1,'he use of tile port-io� t,,.r uaid publie rig at of i-my of zald schatzel Street shall In no evvat exceed the Use now being made P-z zaovin by tifte smmrvey of 'Whi. 10. AwClendon, dated Auguat !6, 10,60 a 0— *Y Of Tfl'4011 Is exttached, "I'le rat o and a made a.. Part hereof. IvFIROMSE m= 14ands in 44_0110atO, eltheV copy of W4ich sh'all 00"Stltw�0 an Original, on- tills the da:v- of WEIS WWRES -gig XT -11RiXRRIN0 TROW ATTEW: By: CITY OF COW"US W-MISTI ATTEST: BY : rberat 71TWIrTf—MR607' ny-NeASKY City Manager Approved as to Legal Form Ohlz t'iIe day Of � 196D i Vvy- X75=51le Y__ TIM STATE OF TUk'S cov WIT OaR DALLA6 waRs as, thAe amdersigneW authority, on this day persoinally appeared Al Gartner, Truotee, zale's Emplo�ees profit Waring Trust, am om to w to be the person whose n,"ve is sub- avribed to the foregolnZ, i4strmaent, and acknowledged to rap, that ho executed the same for the Poses and consideration, and in We capacit;,, of Trustee, therein expressed. QIrVWmT UMER MY IW-W PIM SF", OF OFFICE, t1jis. ay of 3.96c Notary FmIle, 't mad Qr Ila ComAY, TOxas CALVIN E. NFLWN ""n prat ow &"o WAS WC�_nmission ExPir�' WIDR9 KQ the autlaorit�' on this daz� personally appeared Morbort W. %itsoy, Cl%? 341arxager of the City of' 0017us Christi, mman to me to ba the perscn who na-me is ambscribed to Whe foreloin in strimient and a0 fowled ged to me that he executed the sale for the 1mrposes and circa ration therein expressed, and ia the capacity tt-ierein atated a-ad. as the act and deed of oald Cit,,�, "I I W A� - opklicz' t.ills GVER -mw. 'ITY k� Ma' OF day of I County, Texae -3- CORPUS CHRISTI, TEXAS DAY OF 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 COUNCILS I, THEREFORE, HERESY 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. RE$P�CTFULLY, MAYOR THE CITY OF 6US CHRISTI JEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE% ELkROY KING JAMES L. BARNARD- i s MRS. RAY AIRHEART JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GABE LOZANO, SR. �a THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWSNG ELLROY KING JAMES L. BARNARD- MRS. RAY AIRHEART JOSEPH B. DUNN PATRICK J. DUNNE r R. A. HUMBLE GABE LOZANO, SR. l.t!