The URL can be used to link to this page

Home My WebLink About06679 ORD - 10/24/1962•. IMS:JKH:10 -24 -62 Y • AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AGREEMENT WITH JOSEPH A. COHN, OWNER OF LOTS 1 THROUGH 32, BLOCK 414, PORT ARANSAS CLIFFS, IN CORPUS CHRISTI, NUECES COUNTY, TEXAS, AND WITH THE MOST REV. M. S. GARRIGA, BISHOP OF THE DIOCESE OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FOR AND ON BEHALF OF THE DIOCESE OF CORPUS CHRISTI, OWNER OF AN UNPLATTED PARCEL OF PROPERTY, CONSISTING OF APPROXIMATELY SIX ACRES, LOCATED AT THE INTERSECTION OF ROBERTS DRIVE AND SANTA FE STREET, ABUTTING 345.38 FEET ON SANTA FE STREET, CONCERNING THE REDUCTION OF THE ASSESSMENT CHARGES AGAINST THE SAID OWNERS FOR THE INSTALLATION OF SIDEWALKS, THE OMISSION OF THE CONSTRUCTION OF SAID SIDEWALKS AS CONTEMPLATED AND AS SHOWN ON THE CITY'S SANTA FE STREET IMPROVEMENT PLANS FOR 1962, A COPY OF SAID AGREEMENTS BEING ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. WHEREAS, (JOSEPH A. COHN IS THE OWNER OF LOTS 1 THROUGH 32, BLOCK 414, PORT ARANSAS CLIFFS, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AND THE MOST REV. M. S. GARRIGA, BISHOP OF THE DIOCESE OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, IS OWNER OF AN UNPLATTED PARCEL OF PROPERTY, CONSISTING OF APPROXIMATELY SIX ACRES, LOCATED AT THE INTERSECTION OF ROBERTS DRIVE AND SANTA FE STREET, ABUTTING 345.38 FEET ON SANTA FE STREET; AND WHEREAS, THE CITY IS IN THE PROCESS OF IMPROVING SANTA FE STREET WITH STREET SURFACING, SIDEWALKS, CURBS AND GUTTERS, AND DRIVE- WAYS, AND IS IN THE PROCESS OF ASSESSING THE PROPERTY OWNERS WHO OWN PROPERTY ABUTTING SAID STREET FOR THE COSTS OF SAID PUBLIC IMPROVE- MENTS; AND WHEREAS, THE CITY COUNCIL AT ITS PUBLIC HEARING ON OCTOBER 17, 1962, CONSIDERED THE MATTER OF PROPOSED ASSESSMENTS AGAINST PROPER- TIES ABUTTING ON SANTA FE STREET FROM THE NORTH BOUNDARY LINE OF ROSSITER STREET TO THE NORTH BOUNDARY LINE OF ROBERTS DRIVE; AND WHEREAS, IT WAS REQUESTED BY THE REPRESENTATIVES OF SAID PROPERTY OWNERS THAT THE ASSESSMENT CHARGES AGAINST THE SAID OWNERS FOR THE INSTALLATION COSTS OF SIDEWALKS BE POSTPONED; AND WHEREAS, AGREEMENT HAS BEEN TENDERED TO THE CITY BY THE SAID PROPERTY OWNERS HEREINABOVE NAMED: c NOld, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE CITY MANAGER BE, AND HE IS HEREBY, AUTHORIZED AND DIRECTED TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, AN AGREEMENT WITH JOSEPH A. COHN, OWNER OF LOTS 1 THROUGH 32, BLOCK 414, PORT ARANSAS CLIFFS, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AND WITH THE MOST REV. M. S. GARRIGA, BISHOP OF THE DIOCESE OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, OWNER OF AN UNPLATTED PARCEL OF PROPERTY, CONSISTING OF APPROXIMATELY SIX ACRES, LOCATED AT THE INTERSECTION OF ROBERTS DRIVE AND SANTA FE STREET, ABUTTING 3+5.38 FEET ON SANTA FE STREET, CONCERNING THE ELIMINATION OF THE ASSESSMENT CHARGE AGAINST THE SAID OWNERS FOR THE INSTALLATION COSTS OF SIDEWALKS IN THE AMOUNT OF $1,152.00 AND $497.35, RESPECTIVELY, ALL AS MORE FULLY SET FORTH IN THE AGREEMENTS, COPIES OF WHICH ARE ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THAT UPON THE PASSAGE OF THIS ORDINANCE, THE DIRECTOR OF PUBLIC WORKS SHALL AUTHORIZE AND DIRECT THE CONTRACTOR NOW INSTALLING SAID SIDEWALK IMPROVEMENTS TO OMIT SUCH SIDEWALK IMPROVE- MENTS AT THIS TIME UNDER SAID CONTRACT. SECTION 3. THE NECESSITY FOR EXECUTING THE AGREEMENTS DESCRIBED IN SECTION 1 HEREOF CREATES A PUBLIC EMERGENCY AND AN IMPERA- TIVE 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 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 SUCH ORDINANCE TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM SAN /9 AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED THIS THE '7 DAY of OCTOBER, 1962. ITY TO LEGAL FORW THIS THE CITY OF CORPUS CHRISTI, OF OCTOBER, 1962: ITY THE STATE OF AExAS COUNTY OF NUCCES WHEREAS, ON THE 17TH .OAT OF OCTOBER, 1962, AT 3 OICLOCK P- H., PURSUANT TO PROPER PUSLICATION Of NOTICE THEREOF, THE CITY COUNCIL OF THE CITE OP CORPUS CHRISTI HELD A PUBLIC HEARING IN TUC COUNCIL CHAMBER OF THE CITY HALL IN CDNPUS CHRISTI, UPON THE PROPOSED ASSESS - NEWTS AND THE AMOUNT TO BE ASSESSED AGAINST EACH PARCEL OF PROPERTY AND THE REAL AND TRUE OWNERS THEREOF, ALL IN CONNECTION WITH IMPROVC- KENT OF A PORTION OF SANTA FE STREET IN SAID CITY, FROM ROSSITER STREET TO ROBERTB 0/(IVE1 AND WHE", THERE ARE INCLUDED IN SAID CONTEMPLATED IMPROVEMENTS CERTAIN INPROVEMENTS UPON SANTA FE STREET ABUTTING LANDS BELONGING TO THE UNDERSIGNED, WHICH PROPERTY IS MORE PARTICULARLY DESCRIBED AS FOkLGWSN LOTi I TNROUGM 32, INCLUSIVE, OF BLOCK 414, PORT ARANSAS CLIFFS, AN ADDITION TO THE CITY OT CORPUS CHRISTI, NUQCKS COUNTY, TEKAST j AND WHEREAS# IT HAS SEEN DETERMINED AND AGREED Sy THE UNDER- SIGNED THAT IF THE CITY WILL POSTPONE THE IMPROVCMCNT OF SAID SANTA FE STREET ABUTTINS "SAID PNOPCRTY INSOFAR AS THE CONSTRUCTION AND INSTALLATION OF SIDEWALK IMPROVEMENTS ARE CONCERNED THAT lot UNDER - .4 SISNEO HAS AND DOES HERESY AGREE TO THE FOLLOWING C*vtMAMTG AND UNFERTAKIKBS MERCINBELOW 491 OUT[ NOW# THEREFORE# KNOW ALL MEN BY THESE PRESENTS; THAT JOSEPH A. COMM, OWNER OF THE SAID HEREINASOVC DtSCRISED LANG AND PREMISES ABUTTING SANTA FE STREET, TM AND IM CONSIDERATION Of THE POSTPONEMENT Of THE SAID SIDEWALK IMPROVEMENTS, AND THE ELIMINATION OT THE ASSESSMENT OF 411052.00 COVCRIND SAID SIDEWALK IMPROVEMENTS, DOES HERESY COVENANT AND AGRCCN 1. TWAT UPON THE CONYCYANCE Of, OR IMPROVEMENT Of, AMY PORTION OF THE ABOVE DESCRIBED LAND OR PREMISES, TO INSTALL OR CAUSE TO 09 INSTALLED SUCH SIDEWALKS ACCORDING TO THE PLANS AND SPECIFICATIONS FOR SUCH IMPROVEMENTS FOR WHICH SUCH ASSESSMENT WAS FROMEO TO RE MASK, OR SUCH MODIFICATION OF $AID PLANS AS IS APPROVED BY THE DIRECTOR or PUBLIC WORKS OF THE CITY OF CORPUS CHRISTI, AND TO COMPLETE THE INSTALLATION OF SAID IMPROVEMENTS SATISFACTORY TO THE DIRECTOR OF PUBLIC WORKS, OR OTHER AUTHORIZED AGENCY OF THE CITY OF CORPUS CHRISTI. 2. THAT SUCH IMPROVEMENTS SHALL. BE WITHOUT COST TO THE CITY OF CORPUS CHRISTI, TEXAS. 3. PROVIDED, HOWEVER, THAT SAID OWNER, EXCEPT IN CASE OF ANY SALE OR CONVEYANCE OF ANY PART THEREOF, SMALL NOT BE REQUIRED TO INSTALL SAID SIDEVALKS UNLESS AND UNTIL SOME PART OF SAID ABOVE OE3CRISKD LAND AREA IS USED FOR SONS PURPOSES OTHER THAN AS VACANT LAND OUT SAID SIDEWALKS WILL BE INSTALLED AND THIS AGREEMENT IS TO DOLIGAT£ THE SAID UNDERSIGNED OWNER AND HIS SUCCESSORS, ADMINISTRATOR AND ASSION3, TO INSTALL SAID SIDEWALK IMPROVEMENTS IN LIEU OF THE SAME, OR PART TNEREOP, ALL AS MAY BE APPROVED BY THE DIRECTOR OF PUBLIC WORKS IN CONNECTION WITH THE ISSUANCE OF A PERMIT FOR IMPROVEMENTS THEREON, ' AND IT IS AGREED THAT SAID SIDEWALK IMPROVEMENTS WILL BE CONSTRUCTED COINCIDENTALLY WITH ANY PROPOSED USE OF ANY PART OP SAID LAND FOR ANY USE OTHER THAN A3 VACANT, UNUSED LAND. 4. THESE PRESENTS SHALL BE SINDINO UPON THE UNDERSIGNED OWNER AND NIS SUCCESSORS, ADMINISTRATORS AND ASSIGNS, AND SMALL CON- STITUTE A COVENANT RUNNING WITH THE LAND. EXECUTED THIS THE DAY or OCTOBER, 1962. Jo3EPH A. OHW THE STATE OF TEXAS COMM OF 1MtCES 19EFORE ME, THE VRDERRIGNEB AUTHORITY, ON THIS DAY PERSONALLY A ►►EARED JOSEPH A. COW, KNOWN TO ME TO BE THE PERSON WHOSE NAME IS OU53CRINED TO THE FORESOINO INSTRUMENT, AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED. RIVEN UNDER ITTHAND AND SEAL OF OFFICE, THIS THE DAY OF OCTOBER, 1962. THE STATE OF TEXAS j COUNTY OF NOECES j WHEREAS, ON THE 17TH DAY OF OCTOBER$ 1962, AT 3 O'CLOCK ►• M.1. PURSUANT TO PROPER PUBLICATION OF NOTICE TNCREOF, THE CITY COUNCIL OF THE CITY OF CORPUS CMRI3Y1 HELD A PUBLIC MEARI ND IN THE COUNCIL CHANGER OF THE CITY HALL IN CORPUS CHRISTI' UPON THE PROPOSED A33ESSUENTS AND THE AMOUNT TO BE A3SEBSED AGAINST EACH PARCEL OF PROPERTY AND THE REAL AND TRUE OWNERS THEREOF, ALL IN CONNECTION WITH INRROVCNCHTS OF A PORTION OF SANTA FE STREET IN SAID CITy, FROM ROSSITEK STREET TO ROBERTO DRIVE; AND WHEREAS, THERE ARE INCLUDED IN SAID CONTEMPLATED IMPROVEMENTS CERTAIN IMPROVEMENTS UPON SANTA FE STREET ABUTTING LANDS BELONGING TO THE UNDERSIGNED, WHICH PROPERTY IS MORE PARTICULARLY OE30118E0 AS FOLLOWS$ AN UNPLA ►TED PARCEL OR TRACT OF LAND, CONSISTING OF APPROXIMATELY SIX ACRti, MORE OR LESS, LOCATED ON THE NORTHWEST CORNER OF ROBERTS DRIVE AND SANTA FE STREET, ABUTTING 345.38 FEET ON SANTA FE STREET IN THE CITY OF CORPUS CHRISTI, NUECE3 COUNTY, TCXASj AND WHEREAS, IT HAS SEEN DETERMINED AND AGREED By THE UMDCR- $'OHIO THAT IF THE CITY WILL POSTPONE THE IMPROVEMENT OF SAID SANTA FEE STREET ABUTTING SAID PROPERTY INSOFAR AS THE CONSTRUCTION AND INSTALLATION OF SIDEWALK IMPROVEMENTS ARE CONCERNED THAT THE UNDER - 310HCO tlA8 AND OOC9 HE AGREE TO THE FOLLOWING COVENANTS AND UNDERTAKINGS HEREINBELOW SET OUT:' NOW, THEREFORE, KNOW ALL FEN BY THESE PRFSENTSI THAT THE MOST REV. N. S. GARRIGA, BISHOP Of THE DIOCCBE OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, A SOLC CORPORATIOII, AS OWNER OF THE SAID HE /EINASOVE DESCRIBED LAND AND PREMIS43 ABUTTING SANTA FE STREET, FOR AND IN CONSIDERATION OF THE POSTPONEMENT OF THE SAID SIDEWALK IMPROVEMENTS, AND THE ELIMINATION OF THE ASSC33NRNT OF $497.35 COVERING SAID 33DEWA49 IMPROVEMENTS, DOES HEREBY COVENANT AND AGREEI t. THAT UPON THE CONVEYANCE OF, DR IMPROVEMENT or, ANY PORTION OF THE ABOVE DESCRIBED LANE OR "CHISEB, TO INSTALL ON CAUSE TO BE INSTALLED SUCH SIDEWALKS ACCORDING TO THE PLANS AND SPECIFIC►- . TIONB FOR SUCH IMPROVEMENTS FOR WHICH SUCH ASSESSMENT WAS PROPOSED TO BE MAOE, OR SUCH MODIFICATION OF SAID PLANS AS 13 APPROVED BY THE DIRECTOR OF PUBLIC WORKS Of THE CITY OF CORPUS CHRISTI, AND TO COMPLETE THE INSTALLATION OF SAID IMPROVEMENTS SATISFACTORY TO THE DIRECTOR OF PUBLIC WORKS/ OR OTHER AUTHORIZED AGENCY OF THE CITY OF CORPUS CHRISTI. Z. THAT SUCH IMPROVEMENTS SHALL BE WITMOUT COST TO THE CITY OF CORPUS CHRISTI, TEXAS. 3• PROVIDEOI HOWEVER, THAT SAID OWNER$ EXCEPT IN CASE OF ANY SALE OR CONVEYANCE Of ANY PART TMEREO►I SHALL NOT BE REQUIRED TO INSTALL SAID SIDCWALKS UNLESS AND UNTIL SOME PART OF SAID ABOVE DESCRIBED LAND AREA IS USED FOR SOME PURPOSES OTHER THAN AS VACANT LAND BUT SAID SIDEWALKS WILL BE INSTALLED AND THIS AGREEMENT IS TO OBLIGATE THE SAID UNDERSIGNED OWNER AND HIS SUCCESSORS, ADMINISTRATORS, AND ASSIONS, TO INSTALL SAID GIDEWALK IMPROVEMENTS IN LIEU OF THE SANE, OR PART THEREOF, ALL AS MAY BE APPROVED BY THE DIRECTOR OF PUBLIC WORKS IK CONNECTION WITJ THE ISSUANCE OF A PERMIT FOR IMPROVEMENTS THEREON, AND IT 11 AGREED THAT SAID SIOEWALK IMPROVEMENTS WILL RE CONSTRUCTED COINCIDENTALLY WITH ANY PROPOSED USE OF ANY PART OF SAID LAND FOR ANT, USE OTHER THAN AS VACANT, UNUSED LAND.. 4. THESE PRESENTS SHALL BE BINDING UPON THE UNDERSIQNED OWNER AND HIS SUCCESSORS, ADMINISTRAYORS AND ASSIGNS, AND SHALL CON- STITUTE A COVENANT RUNNING WITH THE LAND. EXECUTED THIS THE DAY OF OCTOBER, 1962. THE MOST REV. M. S. GARRICA, BISHOP OF THE DIOCESE OF CORPUS CHRISTI, NUECES CDIRITY, TEXAS BY RT, REV. Kim ALBERT H. CHNITT, . . VICAR OENERAL OF THE DIOCESE DF CORPUS CHRISTI, TEXAS -2- CORPUS CHRISTI, TEXAS / DAY OF 9 z �. 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 RESOLUTION 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; I, THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, MAYOR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: BEN F. MCDONALD C2 A Tom R. SWANTNER DR. JAMES L. BARNARD JOSE R. DELEON M. P. MALDONADO W. J. ROBERTS Cce .( JAMES H. YOUNG G K THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOE:, BEN F. MCDONALD _ TOM R. SWA NTNER DR. JAMES L. BARNARD JOSE R. DELEON '„C M. P. MA LDONADO W. J. ROBERTS JAMES H. YOUNG f