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Home My WebLink About06909 ORD - 05/15/1963IMS:JKH:5 -10 -63 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AND DELIVER AN AGREEMENT ACKNOWLEDGING AND CONFIRMING THAT C. G. GLASSCOCK AND HIS ASSIGNEE, SCOTCH INVESTMENT COMPANY, HAVE WITHIN THE TWO YEARS REQUIRED, COMPLETED THE CONSTRUCTION OF A BREAKWATER, THE PLACING OF APPROXIMATELY 17,000 CUBIC YARDS OF DREDGED MATERIAL ON THE CITY'S BEACH AREA, AND THE PAYMENT TO THE CITY OF THE SUM, OF $12,000.00 AND FULLY PERFORMED THE CONDITIONS MATURING THE EASEMENT GRANTED TO THE CITY OF CORPUS CHRISTI IN AGREEMENT DATED MAY 10, 1962, AMENDED BY AGREEMENT OF SEPTEMBER 19, 1962, A COPY OF WHICH CONFIRMATION 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, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, BE AND HE 15 HEREBY AUTHORIZED AND DIRECTED TO EXECUTE AND DELIVER AN AGREEMENT ACKNOWLEDGING AND CONFIRMING THAT C. G. GLASSCOCK AND HIS ASSIGNEE, SCOTCH INVESTMENT COMPANY, HAVE WITHIN THE TWO YEARS REQUIRED, COMPLETED THE CONSTRUCTION OF A BREAKWATER, THE PLACING OF APPROXI- MATELY 17,000 CUBIC YARDS OF DREDGED MATERIAL ON THE CITY'S BEACH AREA AND THE PAYMENT TO THE CITY OF THE SUM OF $12,000.00, AND FULLY PERFORMED THE CONDITIONS MATURING THE EASEMENT GRANTED TO THE CITY OF CORPUS CHRISTI IN AGREEMENT DATED MAY 10, 1962, AMENDED BY AGREEMENT OF SEPTEMBER 19, 1962, A COPY OF WHICH CONFIRMATION IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE NECESSITY TO IMMEDIATELY RECOGNIZE AND ACKNOWLEDGE THE PERFORMANCE OF ALL THE CONDITIONS PLACED UPON C. G. GLASSCOCK AND HIS ASSIGNEE CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLU- TION 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 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 6909 FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE t/� DAY OF MAY, 1963. ATTEST: SECR T APPROVED AS TO LEGAL FORM THI THE_ %IL DAY OF MAY, 1963: THE CITY OF CORPUS CHRISTI, TEXAS ? '�3I'ICATIofl OF EASEI+lEt�'T THE STATE OF TEXAS } COUNTY OF MUECES WHEREAS, pursuant to the provisions of that Certain inatruhent designated de an easement and agreement between C. G. Glasscock and the City of Corpus Christi, dated May 10, 1962, filed and of record in V 1tme 973, page 292, Deed Records of Nueces County, Texas, with attached map of record in '4o1- tame 5, page 42, of Miscellaneous Map Records of said County, which said easement and agreement wee amended by inatrqwent Mated September 19, 1962, between scotch Investment Company, assignee of C. O. G1acecock, and the pity of Corpus Christi, which amendment le of record in Volume 975, pages 619 -623, teed Records of Nuecea County, Texas, an eaeenment was granted by the City of Corpus Christi for the purposes as stated in, and cover - ing the area described in, said easement end agreement$ au amended, conditioned that there be completed within a period of two years from May 10, 1962, a breakwater to provide a small boat basin or basins and a sheltered arcs; for a bathing beach aeeording to plans and specifications approved by the City of Corpus Christi through its Director of Public Works, and con- ditioned further that there be placed approxiczatel3. 17,000 Cubic yards of dredged material in acoordanee with the direction ox the Director of Public WorkB and, in addition thereto, that for the creation of a beach area for the City of !Corpus Christi that eald dredged material be covered with and or, at the option of the City, that a payment of '*lo,u0o. Op be Made to the City in lieu of the furnishing and placing of sand; and OHEREAS, pursuant to letter of May 10, 1962, from C. 4. Meeecoek to the City Manager of the City of CospuB 0hriati, G. O. 9LaS0e0e"4 agreed that If the breakwater :.e con- strutted that there would be paid to the City of Corpus Christi an additional 02,000.00 for additional sand or the beautifica- tion of the beach and -1- WHEREAS, the construction of the breakwater and tho placing of dredged material end all other construction cOn- templated to be made by C. G. Classcoor his a4Signee, pur- suant to the easement and agreement of Nay 10, 1962, as amended by instrument'of September 19, 196.2, has been completed, and the City Of COrpU4 Christi has sleeted to take the Sure of $10,000.00 In lieu or the placing of sand, and scotch invest- ment Company, ea 4ssignee of C. 0. Glasscock, has paid to tho City of Corpus Christi the sum of :;310,000.00 and the additqonal sum of 02,000.004 a total of $12,000.00 ln cash, the receipt oR all of which le hereby acknowledged by the City of Corp ula Christip and WHEREAS, it is the desire of the City of corpus Christi to recognize and acknowledge the performance of all 04' the con- ditions placed upon C. G. 01asseoek, and his assignee, by the said easement and agreeMent Of MaY 10, 1962, as amended by the agreement of September 19, 1952, relating to the easement granted by the City of Corpus Christi themin and that the sonsideration for said easement has been fully paid and the easement is to be permanent; NOW, UMLEEFORE, KNOW ALL MEN BY TaESE PRESENTS: That the City of Corpus Chi, Texas, acting herein by and through its City Manager duly authorized by ordinance or the City Council, has ACKNOWLEDGED and COOPIRMED, and does hereby ACK/M- ull= and COMPIAM, that C. Q. Glasscock an his assignee, Scotch Investment Company, have, within the tWO years required, eon- plated the construction of a breakwater, the placing oR approxl- mately 17,000 cubic yards of dredged material on the City,s beach area, and the PsIm7ent to the City of Corp la Ohriati Of the sum of 012,000.00 in eash and haa in all things performed 411 the requirements and conditions which were to be performed by the holder or the easement granted by the City or ec,rpuie Christi in the above mentioned easement and agreement dated May 10, 1962, as amended by instrument dated september 19, 1962, -2- for ins tk� sMk an or the aid aaeement to here by ed and sd recognized to be a permanent grant of easement be purpp4es as stated in, and cover $ the area described ed d Inetrumenta: dated MMay 10, 1962, and September 19, `t8 �OP this instrcrosent , is executed thie y or ' , 1963. +(BEST t >. APPncli za AS TO LEGAL Foj '.HI3 -,-- HAY OF MAY, 2963. J� Q1"tle�' WE MATE ti t30TTy OP ITV OP 00 17$ c T/ ,ga nE�T BEFORE ME, the tmdereig d with() tg, on ttl�.s d$ �eonally SPPeared BERT 14,, 0P CORPUS CHRISTI, TEXAS, A'tltai 'ao0O ,tea er Of the CITY day e the person and nff leer'. whose' ibed t, the re be Eattig 2ne�tr�npent and acknowledged s to me ha to the fare- same as the act and deed of.theCITY me Coat ha executed rht purposes and n a pv aeedt7a,d S. y for the o2ty therein stated. rattan there expressed and !n the.capa GIVEN Mat '. C ' "F'ICE "tills daY of 2963. ueaes sun S?, eras • 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 RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS or 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 INTRO- DUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL, RESPECTFULLY, doe oYOR 9L4 THE CITY OF CORPUS CHRISTI, TEXAS. THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JAMES L. BARNARD JAMES H. YOUNG JACK R. BLACKMON JOSE R. DELEON M. P. MALDONADO W. J. ROBERTS We H. WALLACE, JR. THE ABOVE ORDINANCE WAS PASSED BY THE r., n iNG VOTES JAMES L. BARNARD JAMES H. YouNG JACK R. BLACKMON JOSE R. DELEON M. P. MALDONADO W. J. ROBERTS W. H. WALLACE, JR.