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HomeMy WebLinkAbout07020 ORD - 09/11/19631 IMS:JKH:9 -10 -63 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A REVOCABLE PERMIT TO CLEM A. MANSHEIM TO OCCUPY A PORTION OF NORTH SHORELINE DRIVE, ABUTTING LOTS 1 IN BLOCK 6, 177 IN BLOCK 7,AND 87 AND 97 IN BLOCK 8, ALL IN CORPUS BEACH HOTEL ADDITION, AND TO D. A. MANSHEIM TO OCCUPY A PORTION OF NORTH SHORELINE DRIVE ABUTTING LOTS 157 IN BLOCK 6 AND 167 IN BLOCK 7, ALL IN CORPUS BEACH HOTEL ADDITION, A COPY OF SAID PERMIT BEING AT- TACHED 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 OF THE CITY OF CORPUS CHRISTI, FOR AND ON BEHALF OF THE CITY, BE AND HE IS HEREBY AUTHORIZED AND DIRECTED TO EXECUTE A REVOCABLE PERMIT TO PLACE FIVE TEMPORARY GROINS ON CORPUS CHRISTI BEACH WITHIN THE RIGHT OF WAY OF NORTH SHORE- LINE BETWEEN NORTH HOTEL PLACE AND STEWARD PLACE, SAID PERMIT BEING TO CLEM A. MANSHEIM TO OCCUPY A PORTION OF NORTH SHORELINE DRIVE, ABUTTING LOTS 1 IN BLOCK 6, 177 IN BLOCK 7, AND 87 AND 97 IN BLOCK 8, ALL IN CORPUS BEACH HOTEL ADDITION, AND TO D. A. MANSHEIM TO OCCUPY A PORTION OF NORTH SHORELINE DRIVE ABUTTING LOTS 157 IN BLOCK 6 AND 167 IN BLOCK 7, ALL IN CORPUS BEACH HOTEL ADDITION, A COPY OF SAID PERMIT BEING ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE FACT THAT CONSTANT EROSION IS OCCURRINGUPON THE PROPERTY OF PERMITTEES AND UPON THE RIGHT OF WAY OF NORTH SHORELINE DRIVE ON CORPUS CHRISTI BEACH, AND THE FACT THAT THE FIVE TEMPORARY GROINS WILL TEND TO HALT FURTHER EROSION 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 THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR, HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, HAVING REQUESTED THE SUSPENSION OF THE CHARTER RULE AND THAT THIS ORDINANCE 7020 TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED THIS THE / / DAY OF SEPTEMBER, 1963. ATTES . A / ` THE CITY OF CORPUS CHRISTI, TEXAS CITY SECRETARY APPROVED AS TO LEGAL FORM T S DAY OF SEPTEMBER, 1963: LeU4. CITY ATTORNEY 4 _ �.. .� ., . • y.r REV, OCA13LE PERMIT - ,�_.•.' f ,_ _, .. •- _THE STATE OF TEXAS , GOU,NTY OF NUEGES , I Y' . ; •' •'`+��` '. -" WHEREAS, •CLEN, Ai MAN3HElm OWNS CERTAIN PROPERTY ON CARPUS • ' x' CHRISTI BEACH, MORE PARTI@UCARIY- ESC*IBEO,A$ LOTS A IN $LOCK 6, t77 ' "I N BLOCK .7 AND a7 AND ^97 1N. BL'OCK 8,' ALL •114 CORPUS 6EA�HNO'TEL'4DITION, -. J•n - _ AND D. `A, MANSHE IM AWNS CERTAIN AROPER'fY "LAN •"CORPCOS CHI! I ST.t • BEACHt MORE • , T , r - _ Mi .`E+ ''a • S`. . F G Mj PARTICULARLY DESCRIBED LOTS 157 IN BLOCK AND 167 IN BLOCK 7j ALL' ° IN CORPUS�BEACK HOTEL ADDITION,TO``.rHE'CITY OF CORPUS CHRISTI, NUECES`- .COUNTY, TEXAS, ADJACENT TO PUBI.1'C RIGHT OF WAY or. NORT,H+ SHORELINE- DRIVE] AHD w ' - -WHEREAS, EItmom IS SHREATENING THE PROPERTY OF AAID5CLEM A. _ MANSHE1M AND D. A, 14ANSHEIN AND THE RIGHT QF WAY' -OF NORTH SHORELINE WHICH" IS HOW'ABOYE MATER] AND W.EAEASj THE CONSTROCTI ON OF FIVE TEMPORARY GROINS WILL TEND ' -a.'TO RETARD THE EROSION OF,PRIVATC AND,PUBLIC PROPERTY; .AND WHEREAS, THE,TEMPORARY GROIN$ W(LL BE PLACED IN WHOLE OR IN _ -'PART IN CITY 91GHT OF WAY;- AND ' WHEREEAS, ,THE ,BULK OF "THE CITY RIGHT_ OF WAY UPON WHICH. THE GROINS WILL BE "CONSTRUCTED -13 NOT -INMEDIATE•LY NEEDED BY THE CITY •SINCE SAID BU6K'OF THE' RIGHT OF WAY IS UNDER W-ATERj - - - NOW, THEREFORE, IN CONSIDERATION QF ONE DOLLAR - ($1.00) AND " OTHER G006 AND VALUABLE CQNSIDERATION, THE CITY OF' CORPtS CHRIS.TI•HEREBY 'AGREES TO PERMIT THE SAID CLEM A.,MANSHEIN AND C). R A. MAN3HEIM, THE] - • - 'RESPECTIVE EXEC UTORS, ADMINI=STRATORS AND ASSIGNS, TO ERECT AND MAINTAIN ' ,- , -`FIVE TEMPORARY GROIN$ ON CORPUS CHRISTI BEACH•.WITHIN THE 106-FOOT -RIGHT - OF MAY OF NORTH SHOREL tNE DRIVE BETWEEN 11ORTH+, HOTEL. PLACE AND STEWARD - PLACE, ABUTTfNG•THE ABOVE DESCRIBED PROPERTY- OWNED' BY THEM] SUBJECT 'TO THE f'OL LOW ING CONDITIONS HEREINAFTER SET OUT11, y THAT PERMITTEES AGREE-THAT THEY WILL INDEMNIFY AND.HOLD HARMLESS THE Ct7Y'OF CORPUS CHRISTI, TEXAS, FOR ANY -AND ALL DAMAGE - ' • r "" CAUSED, $IRECT4Y••OR•INDIRECTLY, BY REASON OF, THE EXISTENCE- OR IN3TALLA- - - - ` TION OF SAID OR01'N3{ - - - - i '• - ` . ; •z. THAT SAID GROINS WILL,BE,CONSTRUCTED• I H'ACCORDANCE WITH " PLANS AND SP$OIfICAT10NS APPROVED BY THE DIRECTOR OP PUBLIC•WORK$; .' THAT PERM ITTEES�A`GREE.THAT'`THERE WILL BE NO'ADDITIONS ENCROACHMENTS INTO THE �RIGHT `OF WAY WITHOUT PRIOR+ PERMISSION FROM - T}F CITY; ,THAT 'PERMIT7EE3 AGt E; �-TO,DEM,OLISH AND REMOVE SAID GROINS, AT THEIR EX$ENSE, WITHIN THIRTY DAYS AFTER RECEIVING WRITTEN,- . NOTICE FROM THE,CITY•MIANAGER } jj ,TH;,DIRECTOR;.Op PUBLIC1�§R'K;p OIRECTINO " - THE REMOYAi'OF SAID GROINS: THAT SAIDIGROINS,WILL BE DEMOLISHED 'AND REMOVED, AT THE, - - - ' EXPENSE OF PERMITTEES) -IN THE EVENT THAT SAID PERMITTEES SHOULO -SELL = dR CONVEYpTHE PROPERTY ABUTTING SAId'GROINS, OR IN THE EVENT TITLE SHOULD BE TRANsrtiiREO"FRQM P£RMITTEESj.UNLE6S WRITTEN CONSENT OF -THC s _: • - ; -:CITY BE OBTAINED TO.CONTINUE THE :MAINTENANCE -OF -THE SAID GROINS`. CITY OF CORPUS CHRISTI ATTESTI BY HERBERT W. WHITNEY _ x - r • , - - CITY MANAGER ' CITY SECRETARY - • ' ' APPROVED AS TO LEGAI, FORM. THIS :DAY of SEPTEMMR� 1963: ' CITY ATTORNEY THE STATE OF TEXAS �•, COUNTY OF _NUECE5 � _ BEFORE ME, THE UNDERSIGNED AUTHOOtY, ON'THIS•pAY lER30NALkY APPEARED GERBERT W. O• WHITNEY, KNOWN Td•ME TBE.THE CITY MANAGER GF THE -- -• t - CITY 00 CORPUS CHRISTi,'YEXASJ` , AND THE SAME-,PERSON WHO SIGNED THE-FORE- GOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME AS t THE ACT OF THE CITY OF.CORPUS CHRISTI, TEXAS, AND AS CITY�MANAGER THEREOF- - -FOR THE PURPOSES ANO:CQN81pERAT10N3 THEREIN EXPRESSED. - GIVEN UNDER Mx HAND AND SEAL OF OFFICE THIS THE � DAY Of , . - . SEPTEMBER{, 1963, ,- NOTARY PUDLIC,IN AND FOR Nu ES COUNTY$, _ e b`4 TEXAS 1 - THE ABOVE.PERMIT IS' HEREBY' ACCEPTED THIS TNE° -DAY OF , SEPTENB I�, X963, hY TNE' •UNDERS- 1090, AND SAID, PERNITTEES AGREE TO KEEP ANC, PERFORM THE CONDITIONS IMPOSED BY THE HEREJKABOVE DESCRIBED PEA141T - AND -THAT TJJEY- ARE ROUND BY ALL OFD THE ,TERMS OF THE SAME,. - , 3 CLEM A• MANSHEIM -,- - THE STATE OF TEXAS s COUNTY, OF ^NUECES I- ; • - BEFORE ME,,THE LINDERSIONED AUTHORITY; A NOTARY PUBLIC IN AND` - ` e- . -FOR NUECES COUNTY, TEXAS] ON THIS DAY PERSONALLY.APPEARED CLEM A. , MANSHEIM, KNOWN 10,ME TO BE THE PERSON WHOSE'NAME •11 SUBSCRIBED TO THE _ FOREGOING 'INSTRUMENT) AND ACKNOWLEDGED TOME -THAT HE EXECUTED THE SAME FOR THE PURIiOSES'AND CONSIDERATiDN'THEREIN EXPRESSED., E - ' GI YEN UNOER'"MY'_ HAND. 'AND SEAL OF OFFICE -THl3 THE - .DAY = - - ' OF SEPTEMOER) 1963- y- •. ' - «•';,. _ . -4^ _ NOTARY PUBLIC IN AND FOR NUECES COUNTY, 'TEXAS THE STATE OF, TEXAS 4. - _ COUNTY X ➢NUECES >( - ` BE09RIE ttE, -THE, UNDERSIGNED AUTHORITY' A NOTARY PUBLIC IN AND " - FOR NUECES COUNTY,•TEXAS,-ON THIA'DAY PERSONALLY APPEARED D. A. MANSHEIM, - KNOWN TO ME `TO BE THE PERSON WHOSE NAME 13 SUBSCRIBED TO THE .FOREGO INO, .. INSTRUMENT, AND ACKNOWLEDGED TO ME THAT HE'EXECOTED THE SANE FOR THE . - 'PURPOSES AND C'ONSrDERAT,lO4 THEREIN EXPRESSED. , A - ` • _ _ - -GIVEN UNDER MY HAN0'AND BE OF OFF ICE THI3 THE DAY OF SEPTEMSER,,I963• - �i • - - - - - - NOTARY PUBLIC, IN AND FOR NUECES COUNTY, ' - - _ • • - - ,. TEXAS _ CORPUS CHRISTI, TEXAS �LD A Y 0 J ' 19zi 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, R 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 W. H. WALLACE, JR. THE ABOVE ORDINANCE WAS PASSED BY THE FOLLO /G VOTE: JAMES L. BARNARD JAMES H. YOUNG JACK R. BLACKMON L JOSE R. DELEON M. P. MALDONADO W. J. ROBERTS W. H. WALLACE, JR.