Loading...
HomeMy WebLinkAbout07200 ORD - 04/15/1964IMS:EE :4 /15/64 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AN AGREEMENT WITH B. B. ROYAL AND WIFE, MRS. B. B. ROYAL, TO PERMIT THE CONTINUANCE OF THE EXISTENCE OF A LOW FENCE OWNED BY SAID B. B. ROYAL AND WIFE, MRS. B. B. ROYAL, LOCATED ON THE SIDEWALK AREA OF NORTH SHORELINE BOULEVARD ABUTTING LOT 10, BLOCK F, BROOKLYN ADDITION TO THE CITY OF CORPUS CHRISTI, ALL AS MORE FULLY DESCRIBED IN SAID AGREEMENT, A COPY OF WHICH 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, IS HEREBY AUTHORIZED AND DIRECTED TO EXECUTE AN AGREEMENT WITH B, B. ROYAL AND WIFE, MRS. B. B. ROYAL, TO PERMIT THE CONTINUANCE OF THE EXISTENCE OF A LOW FENCE OWNED BY SAID B. B. ROYAL AND WIFE, MRS. B. B. ROYAL, LOCATED ON THE SIDEWALK AREA OF NORTH SHORELINE BOULEVARD, ABUTTING LOT 10, BLOCK F, BROOKLYN ADDITION TO THE CITY OF CORPUS CHRISTI, ALL AS MORE FULLY DESCRIBED IN SAID AGREEMENT, A COPY OF WHICH 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 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 INTRO- 0 DUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED THAT SUCH EMER- GENCY 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 ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED THIS THE 15TH DAY OF APRIL, 1. 4. wc. THE CITY OF CORPUS CHRISTI, TEXAS ZIT SECRETA Y� / APPROVED AS TO LEGAL FORM THIS 15TH DAY OF APRIL, 1964: CITY AT�RNEY 7200 I THE STATE Lr TEAMS j LLINITY GF NUECES I WH£RCAy, AN ENCROACHMENT EXISTS UN THE SIDEVALF AREA OF THE STREET RIGHT OF MAY ABUTTING LOT 10, BLOCK C, BROOKLYN IhODiT1ON TO THE City OF CORPUS CHRISTI,, NuECfS COUNTY, TEXAS, IN THE FORM OF A FENCE ENCLOSING A PORTION OF $AID SIDEWALK. AREA; AND WHERLA5l SAID ENCROACHMENT HAS BEEN IN EXISTENCE FOR SEVERAL YEARS AND AT THE PRESENT TIME DOES ROT APPEAR T:1 BE AN INCONVENIENCE tO THE GENERAL PUBLIC; AND WHEREAbo THE CITY OF CORPUS C.HRIBTi DE$ICLS TO PROTECT THE CITY FRG" ANY CLAIMS WHICH MIGHT ARISE BY REASON OF SUCH ENCROACHMENT UtiON TI.E STREET AND SIUCWAL4 Ot"T DF WAY: NG°a, THkREiLAt KWm ALL MEN BY THESE fgd!iLNTg: THAT B, I.i, ROYAL AND WIFE, AIRS. B. B. kCYAL, Of NUECES LQUNTY, TEXAS, THE OWNERS OF SAID LVT 10, BLOCK FI BROOKLYN ADDITION TO THE CITY CF CORPUS CHRISTI, NUECES COUNTY, TEKA,, FUR AND IN CONSIDERATION Of THE PREMISES AND THE AGREEMENT ON THE PART OF THE CITY HEREINAFTER CONTAINED, 00 HEREBY AGREE TC AND WITH THE CITY CF CORPUS CHRISTI THAT THE SAID ENCROACHMENT SHALL BE MAINTAINED SO THAT IT SHALL NOT HE UNSAFE ON CLNSTI- TOTE A DANGER TG THE PUBLIC USING SAIG RIGHT Of WAY, AND SAID AGREEMENT SHALL CONSTITUTE A COVENANT RUNNING WITH THE LAND - :!AID B. B. ROYAL AND WIFE, MRS. 8 B. ROYAL' DO HEREBY AGREE TO iNOCMNiFY AND HOLD HARMLESS THE CITY Of CORIeUS CHRISTI AGAINST ALL CLAIMS WHICH MIGHT ARISE AS A RESULT !7 Of AND ON ACCOUNT OF THE ENCROACHMENT OF SAID FENCE ON SAID PUBLIC RIGHT OF WAY AND TL ASSURE SUCH iNDEMNIFiCATION, IT IS AGREED THAT THE CITY SHALL B€ MADE AN iNSUREC UNDER A PUBLIC LiAbO LITY INGEMNITT POLICY IN THE PREMIUM AMOUNT OF AT LEAST ¢50,000.30 FOR P€RSONAL INJURY AND AT LEAST $5,00.00 FOR DAMAGE TO PROPERTY, THE CITY Of CCRPUS CHRISTI DOES AGREE, iN CONSIDERATION L•F THE FLRLSOING AOTCE14EMIS AND OBLIGATIONS Of B. B. KOVAL AND VIFE, MRS. B. B. NOYAL, THEIR MITRS, SUCCESSCP.S AND ASSIGNS, TO THE CONTINUED USE AND • EXISTENCE OF THE SAID ENCROACHMENT AS A REVOCABLE PERMIT FROM THE CITY, SUBJECT TO TERMINATION BY THE CITY AT ANY TIMED AS MAY BE DETERMINED BY THE CITY BY WRITTEN NOTICE TO THE SAID PERM►TEES, ADDRESSED TO THE PREMISES ABUTTING SAID SIDEWALK AREA. UPON FAILURE VF THE SAID PERMITE(S TO MAINTAIN DA40 ENCROACHMENT IN A MANNER SAFE AND HARMLESS TO THE PUBLIC, Ok FAILURE Of THE PERMIT(ES TO OBSERVE THE CONDITIONS OF ANY REGULATORY ORDINANCE APPLICABLE TMLRETOy OR UPON NOTICE AS- AFORESALD, THE RIGHTS REGAR(;IN$ SAID ERCROACIINENT OF 19. ti. Af)YAL AMD HIS WWII, MRS. 0. B. Aii'VAly ?HE1:t RESPECTIVE MEIRS/ SUCCE..SSONS AND ASSIUHS> SHALL CEASE ANSI BE OF NO FURTHER FOACE OR EFFECT. WITNESS l;W MAIY* IN DUPLICATE, EITHER COPY OF WHICH$HALL CONSTITUTE AN ORIGINAL: ON THIS THE DAY OF tf'wiL, 1964. r`TTE9T: CITY Sf CR(TARY __ ^�� -~ !- r`NtUVEU AS TG LEGAL FURM THIS 1551H 0.'Y Lai NPKILO 1964: CITY!'TTURNEY B. S. ROYAL MRS. -:3. li. R0Y AI -._- CITY Of CORPUS CHRISTI BY kERBENT W. WHITNEY, CITY MANAGER L • THE STATE OF TEXAS i COUNTY OF NUECES I BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED B. b. LOYAL AND MS. 8. B. ROYAL, HIS WIFE, BOTH KNOWN TO ME TO BE 7HE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THC FOREQOING INSTRUMENT, AND ACKNOWLEDGED TO HE THAT THEY EACH EXECUTED THE SAME FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED, nNO TrIE SAID MRS, rte. 8. ROYAL, WIFE OF T THE SAID b. B. ROYAL, HAVONG UEEN EXAMINED BY ME PRIVILY AND APART FROM HER HUSBAND, ACKNOWLEDGED SUCH !NSTRUHENT TO BE HER ACT AmD OECD, AND DECLARED THAT SHE HAD WILLINGLY SI3NED THE SAME FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED, AND THAT 5HE DID NOT WIS11 TO RETRACT ;T, GIVEN UNDER MY HAND A14D SEAL OF OFFICE, THIS DAY OF APRIL, 1964. - NOTARY PUBLIC, NuFc ES COUNTY, TEXAS TIDE STATE OF TEXAS COUNTY OF NUECES LIEF ORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED HERBERT W. WH€THEY, CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TEXAS, KNOWN TO ME TO BE THE PERSON WHOSE NAME 18 SUBSCR €BEO TO THE FOREGO:NO INSTRUMENT AND ACKNOWLEDGED TO ME THAT NE EXECUTED THE SAME FOR THE PURPOSES AND CONSIDERA710N THEREIN EXPRESSED, AND IN THE CAPACITY THCRCi!J STA7ED AND AS THE ACT AND DEED OF SAID CITY. G.'VEN UNDER MY HAND Alit) SCAL OF OFr ICE, THIS THE DA OF APRIL, 19al. (VOTARY PVa4;C, NJECL'S COUNTY, TrXAS • CORPUS CHRISTIy TEXAS r e1 DAY OF C' A TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE- GOING ORDINANCES 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 INTRODUCEDY 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 - DUCEDI OR AT THE PRESENT MEETING OF THE CITY COUNCIL. ,9 ev n RESPECTFULLY n i � 7 a THE CITY OF CORPUS CHRISTIo 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. WALLACE2 JR. THE ABOVE ORDINANCE WAS PASSED BY THE JAMES L. BARNARD JAMES H. YOUNG JACK R. BLACKMON JOSE R. DELEON M. P. MALDONADO W. J. ROBERTS W. H. WALLACE., JR.