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Home My WebLink About06999 ORD - 08/14/1963AN 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 PROPERTIES COMPANY, OWNER OF THE 600 BUILDING, LOCATED ON THE NORTHWEST SIDE OF THE INTERSECTION OF LEOPARD STREET AND NORTH BROADWAY, PROVIDING FOR THE BEAUTIFICATION OF THE SIDEWALK AREA ALONG THE NORTH BROADWAY STREET SIDE OF SAID BUILDING BY THE PLANTING OF TREES AND SHRUBS ALONG THE CURB LINE, A COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. WHEREAS, THE OWNER OF THE 600 BUILDING IS DESIROUS OF BEAUTIFYING THE CURB LINE OF THE NORTH BROADWAY STREET SIDE OF SAID BUILDING, ADJACENT TO THE SAID 600 BUILDING, BY THE PLANTING OF TREES AND SHRUBS IN PLANTING WELLS AT INTERVALS OF SAID SIDEWALK AREA AND THE REMOVAL OF PARKING METERS AND SUPPORTS OF PARKING METERS FROM THE CURB LINE ABUTTING SAID NORTH BROADWAY, AND THE CITY IS AGREEABLE TO SUCH BEAUTIFICATION PROJECT UPON CONDITION 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. 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 PROPERTIES COMPANY, OWNER OF THE 600 BUILDING, PROVIDING FOR THE BEAUTIFICATION OF THE SIDEWALK AREA BY THE PLANTING OF TREES AND SHRUBS ON THE NORTH BROADWAY STREET SIDE OF SAID BUILDING LOCATED ON THE NORTHWEST SIDE OF THE INTERSECTION OF LEOPARD STREET AND NORTH BROADWAY, A COPY OF WHICHPGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE NECESSITY FOR IMMEDIATE EXECUTION OF THE AGREE- MENT AND THE COMMENCEMENT OF THE PLANTING DURING THE PRESENT PLANTING SEASON CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY RE- QUIRING 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 4C/ 77- I ~ V 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 EFF�E�C FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE ✓ / �� /T/ DAY OF AUGUST, 1963. 12 THE CITY OF CORPUS CHRISTI, TEXAS ATTEST: CI ' SECRETARY J APPROVED ,AS TO LEGAL FORM THIS /4DAY OF AUGUST, 1963: CITY ATTORNEY' THE STATE OF'TEXAS; couNTY of auecES ( = THIS MEMORANDLJM OF AGREEMENT MADE AND ENTERED 1NTO BY AND ' BETWEEN CORPUS C, HRISTI PROPERTIES 'COMPANY A TEXAS CORPORATION HAVING.: -- ' IT$ PRINCIPAL OFPidt$ 'IN THE CITY.OF CORPUS CHRISTL,;NUECEB COUNTY ""..TEXAS, ACTING 8Y AND THROUGH THE UNDERSIGNED OFFICERP DULY AUTHOR14ED, ,WAND THE CITY OF -CORPUS CHRISTI, A MUNICIPAL CORPORATION OF NUECES COUNTY, , TEXAS, ACT,ING BY AND THROUGH ITS CITY MANAGER, DULY;AUTHORIZED 'TO EXECUTE`-' • _ 'TRI S AGREEMENT: - - - - - : • - . • _ . W' , T• WE S .S f; T HYS .a " THAT WHEREAS, THE OWNER OF GOO BUILDINQ, LOCATED ON f'gEiNORTH— - WEST SIDE OF LEOPARD AND NORTH BROADWAY, IS DESIROUS OF BEAUTIFYING THE - - CURB LINI:•.OF THE NORTH BROIWWAY ST,KEET SIDE aF.SAI'D BUILDING BY THE PLANTING, ,OF TREES AND .SHRUBS AND MAINTAINING -THE SAME; -AND - WHEREA$, IN ORDER TO COMPLETE THE SEAUTIFICATtON OF SAID PROPERTY AS AFORESA10,'IT•WILL BE NECESSARY TO OMIw7 +;PARKING jiETERS FROM 7"E,CURB_ LINE ABUTTING SAID NORTH-'BROADWAY: NOW, THEREFORE, KNOW ALL MEN BY-THESE PRESENTS: THAT CORPUS .a ",CHRISTI PROPERTIES COMPANY,•- HEREINAFTER CALLED "OWNER0, AND THE CITY,OF-'- ' CORPUS CHRISTI, HEREINAFTER• CALLED "CITY",-HAVE AND 00 MUTUALLY,AGREE AS \•- FOLLOWS: - ,. �. x THAT THEkG•ITY WILL DESIGNATE THE CURB LINE ALONG NOR`rH BROADWAY, A$UTTI NG THE PROPERTY OF OWNER ° -AS A "NO`PARKING" AREA AND 1 KEQ'P THE AREA FREE OF PARKING METERS.` ` 2,: THAT OWNER WILL BEAUTIFY AND�LAN09CAPE AN AREA NOW OCCUPY 10:Q AN AREA SITUATED BETWEEN THE'SUILDING AND CURB -LINE ON THE NORTH A _ ,•e BROADWAY_ STREEY SIDE. OF •SAID 600 BUtLOINGj LOCATED AS SHOWN ON THE PLANS ON FILE IN THE OFFICE OF,THEI,DIRECTOR,OF PUBLIC WORKS OF THE CITY OF 'CORPUSI: CHRISTI AND KEEP AND MAINTAIN THE PLANTS TREES AND SHRUBS AND THE LAND= = SCAPIN6 EFFECT OF SAJD PLANTING AREA SUBJECT 'TO' THE cQ"DlTibNs HEREINAFTER - PROVIDED. THE AREA OF SAID S16EWALK TO BE DEVOTED TO SAID LANDSCAPING ANb, ' 4. - _ • - -A BEAUT'Ii1CATION� PROJECT IS MORE PARTICULARLY,OESCRIOED AS FOLLOWS% - ` AN AREA ADJACENT TO THE EXISTI MCI ,CURS ON. UPPER' BROADWAY HAVINO'ITS,- SOUTH'LINE PARAItEL TO AND• '22.5 FEET FROM THE NORTH PROPERTY LINE OF LEOPARD•' , STREETS SAID AREA BEING A RECTANGLI,ADJACENT -TO • SAID EXISTING CURB ON UPPER BROADWAY AND EXTEND- ING 25 FEET NORTHWARD FROM THE SAID SOUTH LINE AND.SAID RECTANGLE HAVING A WIDTH -OF 7• :FEET: . 3. •THAT,tNE CONDITIONS TO at PERFORMED,'BY THE.OWNER ARE AS FOLLO�IlFt A. • THAT WITHIN 30 ,DAYS OF THE DATE HEREOF, THE ,391 DAREA TO. i? - • - BE BtAUTIFIED,AND LANDSCAPED SHALL .PI? EXCAVATED-AND' DURING THE, PERIOD' - = _ -OF. EXCAVATION, CONSTRUCTION -AND PLANT INOp:4THE OWNER*,,41L4 PRgTgCT -THE' -• SAID AREA SO, AS TO PRECLUDE THE GENERAL PEDESTRI(IN,TRAFFICn FROM e`F, LL -; 'f;O INTO ANY SUCH EXCAVATIONS OR•INSANY- WAY BEING= I,NJUREP WA RESULT_,,. OF•' THE EXCAVATION, CONSTRUCTION AND /OR PLAN°i1N0o'^ THAT WNERE� j11E'SIDE -'-`' i 1. d ., • . Y WALK IS REMOVED TOACCOMMODATE THE PLACING OF SOI Ly;A PROTECTIVE ,RET'AI N— INO+WALL AROUND THE CIRCUMFERENCE QF THE WELL 'WILL Be CONSTRUCTED AT - .A LEAST.FOUR INCHES HIGH FROM ABOVE THE 'SURFACE OF THE SIDEWALK AND SAID ` WALL SHALL-HAYE A SMOOTH SURFACE, ROUNDED AT THE TOP AND GROUTED AT THE ,- • 'SIDEWALK LEVEL 60 THAT THERE WILL BE NO UNEVEN -OR -OPEN AREAS. THAT PLANT— - - 'ING AND BEAUTIFICATION-AND 1.003CAPIN6•SHALL RROGRES9 AS SOON AS PRACTICAL , - AFTER CONSTRUCTION OF THE SAID REY'AIMINGAND - PROTECTIVE WALL: ANY TREES WHICH MAY SE PLANTED IN SAID AREA SHALL BE FREE or- FOLIAGE AND/OR BRANCHES - BELOW A- SIX AND ONE =HALF FEET PEOESTRI AN- CLEARANCE FROM THE kSURFACE _OF • THE- SIDEWALK. THAT,OWNER SHALL hMAINTAIN SUCH. PLANTING AREA IN AN ORDERLY, - CLEAN.- WELL - TRIMMED AND WELL -KEPI MANNER ANO,'FAILING SO TO D0; THE CITY • -'OF.CORPUS CHRISTI SHAH. HAVE THE-,RIOHT To MAI,NTAIN.SUCH PLANTING AREA`YN - AN ORDERLY) CLEAN, WELL - TRIMMED AND,WELL -KEPT 'MANNER AT THE SOLE ,EXPENSE + .' -.• .... - F/. T � � ` + - ♦- yt a r - tc , ,- ,. •4 '` tea �OF toi;,O 94, tog, iN1fR), -HpWEYEK> Kkv f:LEC1 AT ANY_TtNE TO AQkR04N . iUCH �ROJEdTy "PROVACED THAT IT WILL FI#*T iRGCURC PERMIT PROM THE p1iPAR1NENT Of PUBLIC WOMMi OF THE" CtTY TO AgATORE Abn' PAPMPTLY RESTORE FH$`IOEWR�IG' #RE/I YD R' CONDtT1pIF E4U4 _TO ';IIE t0liT1O0003 tilbEWALK ' : - " AREA. AMY TRCEB� $HRL102 OR OTHER YEGCiATlON DYIN6'WITHIN T PLAI/TEG AREA SHALL at, EITHER' it,EPLAHTKP..PROMPtLY p!! PRgPdRLY IMPRDYEO 4ITH x _ OTFtER YICGE3ATIgN 'UNLC4II =Tiit OWNER SNARL "EI%GT,TQ A4AMDON TNt! PROJEt1 , IN THE CIANNER, ABOVE PROVIOCD, $UDJKCv to THE C�DNbiTIOtt1. HE{tE'IN PApYIttEhy, 7HE QkEY... GRA1f71 TO THE QyNCR ITS PCRIIISSION Ta CpNSTta4f 'ANO K&INTAifi StfCHA : < •'PLANftb.WREAJOR -A- TERtd OF YEAR TO YCARI tROVIpEDy HOMEVlCRj THAT THE P�Rdlt>�il{1N CIaANTED bx Tot. CITY jgcl. -N6T= oEs OCR4{ATtOW OF THE CITY •_ _ CHARTER AND SUCH PEkN19sION iif ORANTEII< fOR A�TERM CO +Eft7ENSiVE fiITH°.a° -•YIiC RAKINUM PERIOD PERIIITUD OY.THE, CsITY CHAR}6Rg W1711QUT SF1R ALtiM6 OP AH ��ECTI� „• "OlviTHSTANpING SAID GRANT OF'PpRyltiSi4Ny THE 6TX , MAY CONTINUE T>y CIfCRFdialt IT$ jUPl6DtCTI6M OYCR SAID •SfDEWALIC ,AREA AND - REQUIRE,THC RENOVAC,Of THE PLANTED AAEA'WHEPl OZtHED NECCOSARY FOm THE ” CtYNYt:NiENCE� ftAitiCY bR 1%fLFAR9 OF TNE #IUBLiCs, y • a�j. THE`l*tR,AGRYES TO ,HOLD YHE CITY D£ CORPUS CHRISTI FREE 1AND,CLEAR DID" ANY AND ALL gLAIMS hRfSiMM OUT OF THE REAUTtFICAYItlN "04 a- JECT A10IRCSUI,TINti IN_THE INJURY TD ANY'PERlb" qR PEASONS •9R_ ilk DAMAGE ' TO AMY PROkRI'IEb AND COIMCtbEMTAL VII:N� THE EXECUTION Of ,THIS, AGREEMENTf ° AND FROM TINS T ME O TI THEREAPTER,'THC QWNEA SHALL FURNigN'YO THE C_1TY A # CERTIFICATE FROM A RICPUTADLEy,TIEbNPNS19LE ANq RCCOON.IxLO 1HSVRAMCE COMPANY), °SHGWINO THE C$j%fEHCC of lM ;URAWCE.TO TNE tffteT THAT THfi CITY 11 CO- INSURCO MIT" THE iJWHER'TO�AM EX CWT RF NOT LETS THAN $iOUy00EY PUDLiC {IADILITti? -w BODILY loouoy,,y ANb NOT LESS THAN iQ ),Q� PU4LtE ltA�iL17Y :• •PROPERTY bAMAGE AND Ship CERTtf1 ATE SHAL1 Sto CUifREHT AT ALL TICIES Ito, i LON4 AY THE PLANTiO, AREAS .AB fIEOVE PROVIDED,FOR ARE MAtNTAINEO IN THE 4AHN911 AtibVt SET FORT)(. ` 6MWTO IN TRIPLICATE, EITHER COPY DF WHfCH SHALL tDNSTITUTE. AN PRIG INAL.$ THIS THE DAY OF s i963• CORPUS CHRISTI PROPERTIES COMPANY•, ATTESTt 4' BY �- PRESIDENT . SECRETARY ' • - F CITY -OF. CORPUS CHRISTI ..ATTESTS - By HERBERT W. WHITNEY V _ CITY SECRETARY - - - - CITY MANAGER ' `-APPROVED AS Td LEGAL FORM THIS,THE OAY OF s 1= CITY TTORNEY -THE STATE OF'.TEXA5 { COUNTY 'OF .NUECES- . • } �.„ Y' . ' T - ' BEFORE. ME$ THE UNDERSt,GNED'AUTHORITYj .ON THIS I�AY PERSOHAk4Y APB �- PEARED - - - 'PRE'S'IDEI{T OF THE CORPUS - • ` •- CHRISTI PROPERTIES COMPANY$ KNOWN, TO NE TO -BE THE PERSON fND,bFFICER WHOSE - •_"`'' -� NAME IS' SUBSCRIBED TO THE FOREGOING INSTRUNENY AND..ACKNOWLEDG�'O, TO RE, THAT, f c ' •'THE SAME -WAS *Ht ACT OF,THE SAID CORPUS CHRISTI pROPZRTIES GOMPANY� A CORPORA =.t F' -= '• TION, AND THAT HE EXECUTED THE SAME AS-. THE ACT 'OF SUCH'_CORPOilAT ION - FOR. THE , • PURPOSES AND CONSIDERATION-THEREIN EXPRESSED AND IN THE'CAPACITY THEREIN - STATED. 'GIVEN UNDER MY HAND AND SEAL OF ,OFFICE THIS TM£* '` DAY OF ^ 1963.' _ NOTARY PUBLIC IN AND FOR NUECEB COUNTY, • ,. .- , TEXAS - .THE STATE OF TEXAS - -} - COUNTY' OF NUECES • , ' BEFORE,) ],THE UNDERSIGNED 'AUTHORITY, ON THIS DAY PERSONALLY AP —' PEARED HERBERT•W.'WHITNEY, CITY MANAGER OF THE CITY ,OF- CORPUS CHRISTI] , > TEXAS, A MUNICIPAL CORPORATION: KNbVM TO, ME TO BE THE PERSON AND OFFICER -_ WHOSE NAME IS SUBSCRIBED fi0 THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED TO - - -ME THAT HE EXECUTED THE SANE, AS THE ACT- AND'DEED OF SA(D CITY —or. CORPUS •,. CHRISTI FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED AND IN THE - CAPACITY THEREIN,0TATEO.- - - GIVEN UNDER MY HAND AND SEAL OF 'OFFICE$ THIS THE DAY- of —_. 1963 a ; •� !i• NOTARY PUBLIC IN•°AND FOR NUECES COUNTY, - _ _ •. - - � - .. i _ .:`TEXAS ,i _ CORPUS CHRISTI, TEXAS JJ 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 INTRO- DUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, THE CITY OF CORPUS CHRISTI, TEXAS. THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JAMES L. BARNARD JAMES H. YOUNG* L JACK R. BLACKMON JOSE R. DELEON M. P. MALDONADO W. J. ROBERTS W. H. WALLACE, JR. THE ABOVE ORDINANCE WAS PASSED BY THE FOLL dING VOTE: JAMES L. BARNARD x JAMES H. YOUNG / JACK R. BLACKMON / JOSE R. DELEON M. P. MALDONADO ( \ W. J. ROBERTS > W. H. WALLACE, JR.