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Home My WebLink About07355 ORD - 09/16/1964BJW :9/16/64 I AN ORDINANCE AMENDING AN AGREEMENT AUTHORIZED IN AN ORDINANCE ADOPTED AUGUST 12, 1964 AND NUMBERED 7315 AND EN- TITLED "AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND DELIVER, FOR AND ON BE- HALF OF THE CITY OF CORPUS CHRISTI, AN AGREEMENT WITH CORPUS CHRISTI BANK AND TRUST COMPANY, A TEXAS CORPO- RATION, PROVIDING FOR THE BEAUTIFICATION OF THE SIDE- WALK AREA BY THE PLANTING OF TREES ON THE LEOPARD STREET SIDE OF THE BANK'S PROPERTIES A COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY," BY AUTHORIZING PLANTING ON TANCAHUA STREET AS WELL AS ON LEOPARD STREET; AND DECLARING AN EMERGENCY. WHEREAS, CORPUS CHRISTI BANK AND TRUST COMPANY 15 DESIROUS OF BEAUTIFYING THE CURB LINES OF LEOPARD STREET AND TANCAHUA STREET CONTIGUOUS TO THE BANK BUILDING BY THE PLANTING OF TREES IN PLANTING WELLS AT INTERVALS OF SAID SIDEWALK AREA AND THE REMOVAL OF PARKING METERS AND SUPPORTS OF PARKING METERS AND THE CITY IS AGREEABLE TO SUCH BEAUTIFICATION PROJECT UPON CONDITION THAT THE CITY ASSUME NO RESPONSIBILITY AND THE BANK ASSUMES ALL RESPONSIBILITY FOR CLAIMS BY REASON OF THE CONSTRUCTION, MAINTENANCE AND EXISTENCE OF SAID IMPROVEMENTS: NCW, 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, IN LIEU OF THE AGREEMENT HERETOFORE EXECUTED UNDER AUTHORITY OF ORDINANCE No. 7315, AN AGREEMENT WITH CORPUS CHRISTI BANK AND TRUST COMPANY, A TEXAS CORPORATION, PROVIDING FOR THE BEAUTIFICATION OF THE SIDEWALK AREA BY THE PLANTING OF TREES ON THE LEOPARD STREET AND TANCAHUA STREET SIDES OF THE ♦ BANK'S PROPERTIES, A COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE NECESSITY FOR IMMEDIATE EXECUTION OF THE AGREEMENT AND THE COMMENCEMENT OF THE PLANTING DURING THE PRESENT PLANTING SEASON 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 7355 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 THIS ORDINANCE TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY PASSED AND APPROVED, THIS THE -Z� DAY OF SEPTEMBER, 1964. X&� +IAYOR ATTEST THE CITY OF CORPUS CHRISTI, TEXAS CIT SECRETARY AP OVED AS TO LEGAL FORM THI THE DAY OF AUGUST, 1964: CITY ATTORNEX 9/16/64 , THE STATE OF TEXAS Y COUNTY OF NUECES THIS MEMORANDUM OF AGREEMENT MADE AND ENTERED INTO BY AND BETWEEN ' CORPUS CHRISTI BANK AND TRUST COMPANY, A TEXAS CORPORATION WITH PRINCIPAL OFFICES AT 801 LEOPARD STREET, IN THE CITY OF CORPUS CHRISTI, WECEf COUNTY, TEXAS, AND THE CITY OF CORPUS CHRISTI, TEXAS, A MUNICIPAL CORPORATION OF ' NUECES COUNTY, TEXAS: WITNESSETH: THAT WHEREAS, CORPUS CHRISTI BANK AND TRUST COMPANY, A TEXAS CORPORATION, IS THE OWNER of LOTS Five (5), SIX (6), SEVEN (7) AND EIGHT BLOCK EIGHTEEN (18), BLUFF PORTION OF THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, TOGETHER WITH THE BUILDINQ 'THEREON SITUATED; AND WHEREAS, THE CITY OF CORPUS CHRISTI MAINTAINS ALONG THE CURB LINE OF LEOPARD STREET AND TANCAHUA STREET, AND CONTIGUOUS TO THE ABOVE DESCRIBED PROPERTIES, PARKING METERS FOR THE CONTROL OF THE PARKING OF AUTOMOTIVE VEHICLES; AND WHEREAS, CORPUS CHRISTI BANK AND TRUST COMPANY IS DESIROUS OF BEAUTIFYING THE CURB LINES OF LEOPARD STREET' AND TANCAHUA STREET CONTIGUOUS TO ITS PROPERTY BY THE PLANTINQ OF LIVE, GROWING TREES, THE PLANTING OF WHICH WILL REQUIRE THE REMOVAL OF THE AFOREMENTIONED PARKING METERS, THE REMOVAL OF PORTIONS OF THE PAVED SIDEWALK AREAS, AND THE EXCAVATION AND ENCASING OF PLANTING WELLS FOR THE SUPPORT OF SUCH TREES, ALONG THE CURB LINES OF LEOPARD AND TANCAHUA SIRE €TS CONTIGUOUS TO ITS SAID PROP €RTY ;,ANDS - • WHEREAS, IT IS DESIRED BY THE PARTIES HERETO TO EXECUTE^ THIS �~ ' „ AGREEMENT IN LIEU OF THE AGREEMENT DATED AUGUST 12, 1964, AUTHORIZED BY- ORDINANCE ND. 7315 :_•; f ; •r t NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: THAT CORPUS CHRISTI BANK AND TRUST COMPANY AND THE CITY OF CORPUS CHRISTI, TEXAS, HAVE y ; - AND DO MUTUALLY AGREE AS FOLLOWS: 1.• THAT THE CITY OF CORPUS CHRISTI WILL UPON FURTHER WRITTEN NOTICE FROM CORPUS CHRISTI BANK AND TRUST COMPANY , REMOVE WITHIN FIVE DAYS FROM SUCH NOTICE THE PARKING METER DEVICES SITUATED ALONG THE COMB LIMES OF LEOPARD AND TANCAHUA .STREETS, AND WILL, PROVIDE AGAINST THE PARKING OF MOTOR •VEHICLEs ALONG SUCH CURS LINES. THE CITY WILL AL30 REMOVE THE METER STANDS AND,CAU3E THE HOLES CREATED BY SUCH REMOVAL TO BE FILLED S . WITH'CONCRETE TO A SMOOTH- SURFACE 'UNIFORM'WITH THE SURROUNDING SIDEWALK, EXCEPT IN THE PLANTER SOX AREAS HEREINAFTER MENTIONED., THE COST. AND EXPENSE OF SAID CHANGES AND IMPROVEMENTS SHALL BE BORNE BY CORPUS CHRISTI BANK AND TRUST COMPANY. Z. THAT, NOT LATER THAN TEN DAYS FROM THE REMOVAL VF"SUCH. PARKING METERS, CORPUS CHRISTI BANK AND TRUST COMPANY WILL CAUSE EXCAVATION TO BE MADE ALONG THE CURB LIHE OF LEOPARD .STREET OF FIVE PLANTING• WELLS AND ALONG THE CURB LINE OF TANCANUA ' 'STREET OF FOUR PLANTING WELLS, ALL OF A SIZE APPROXIMATELY TWO FEET,, SIX (6) INCHES•SY FOUR (4) FEET, WHICH WELLS DURING THE EXCAVA- .-TION, CONSTRUCTION, AND PLANTING PERIOD WILL EITHER BE COVERED _ OR PROTECTED TO PRECLUDE THE GENERAL PEDESTRIAN TRAFFIC FROM FALL IV% INTO ANY SUCH EXCAVATION*. THAT WHERE THE SIDEWALK IS REMOVED TO ACCOMMODATE THE PLANTING WELLS, A PROTECTIVE FILLING MATERIAL WILL BE PLACED SO AS TO OR LEVEL WITH THE SURFACE OF THE SIDEWALK, THAT IMMEDIATELY UPON EXCAVATION OF SUCH PLANTING WELLS AND PROGRESSIVELY AS SUCN-WELLS ARE CONSTRUCTED,- GROWING 'TREES WILL BE TRANSPLANTED THEREIN, WHICH TREES SHALL BE FREE OF FOLIAGE ` • •_ANp/OR BRANCHES BELOW SIX AND ONE -HALF FEET PEDESTRIAN CLEARANCE FROM THE 'SURFACE OF THE SIDEWALK, THAT THEREAFTER, CORPUS CHRISTI BANK AND TRUST COMPANY SHALL MAINTAIN SUCH TREES AND THE AREAS IN 4 WHICH THEY ARE PLANTED IN AN,QRDERLY, CLEAN, WELL - TRAINED AND ,.' WELL- KEPT'MANNER, AND,FAILING,SO TO DO, THE CITY OF CORPUS CHRISTI ` SHALL HAVE THE RIGHT TO MAINTAIN SUCH TREES AND THE AREAS IN WHICH r a THEY ARE PLANTED IN AN ORDERLY', CLEAN, WELL- TRIMMED AND.WELL -KEPT � k e MANNER AT THE SOLE EXPENSE OF•CORPUS CHRISTI BANK,AND TRUST COMPANY, ' PROVIDED, HOWEVER, THAT IN THE EVENT CORPUS CHRISTI BANK AND TRUST < COMPANY ELECTS, IT MAY SUBSTITUTE ARTIFICIAL PLANTINGS. 'IF CORPUS -2- 9 �slltvt' �+�� A►'�intt ?r Ca.�#t'1�rzk�;lw x>�,>k�►t>;�x� ffi:s�x r �rt ' - �aa1e �� x� �� reri�x�� ram #,�;�irle�r �� +�tr>»:rf� • slat 4w 0:* vmwlt't't# ty exim lalutoto Too Tm tMsty or top" Ctrtst1 tma Aw T t 0. If if 41"tit't`o41=4 pow . 4T. Aw liar 0vrrx~; "u, 404 *c n»rw -tva* mr,mftf l fa+tA71r. :144 Ab1iM ? AIZ "t *l*AM%X'$ $MA4ttM. '10 1Ptk eA is !lR:Af ftgpo 0�ami AM %='t 4#;;'`A W+ 94'r# AT tvl 1 it X krJ b" i rAe�x I�l�3� At* W1101% CAiti� . 13«t% }'4ot Y4 tjpA i aftw l# ,7t 4 r4#40, All J'1:AV9 7s vtot 0*10 titrt'4 wisxlt eArA At* Tnor. c=mvlv 1t# To 4tp'sfr4ci m AKtA MA 4k tti- 91srr.9>trMM W COPPI 0=10f l era Tm;4v ;�wUWY* , kvr100,4 t4r.-MA, %T nX remiartu "mm � :°trr.��rta �� au:1e ,?xc�rasl�� 1� is fast � �� C.�S.leYllrlt �1i� - tnc .+�.rrt �� st�r`t�it�tr � t ctti� �t� �1't�',i�` t�ti�•s� �� - 111'rP.i�.i�at►' COEXTENSIVE WITH THE PERMIT FOR PLANTER BOXESp PERMISSION IS HEREBY GRANTED BY THE CITY OF CORPUS CHRISTI TO CORPUS CHRISTI BANK AND TRUST COMPANY TO INSTALL IN SAID PLANTER BOXES A SYSTEM OF FLOODLIGHTS �'.'�• ACCORDING TO SPECIFICATIONS APPROVED BY THE DEPARTMENT OF PUBLIC WORKS OF THE CITY OF CORPUS CHRISTI UPON APPLICATION FOR AN ELECTRICAL PERMIT. _ .'19 CONf1OERATION FOR THE CITY OF CORPUS CHRISTI, TEXAS HAVING GRANTED THE FOREGOING PERMISSION AND HAVING AGREED TO REMOVE THE AFORE- ' MENTIONED PARKING.NETERS AND FOREGOING THE RE-INSTALLATION OF SUCH PARKING - •,,;MEtEpi FUR SOrLONq AS SUCH BEAUTIi:'ICATION PROJECT IS MAINTAINED, CORPUS CHRISTI BANK AND TRUST COMPANY AGREES TO HOLD THE CITY OF CORPUS CHRISTI FREE AND .CLEAR OF ANY AND ALL CLAIMS ARISING OUT OF THE BEAUTIFICATION - PROJECT AND RESULTING IN THE INJURY TO ANY PERSON OR PERSONS OR THE DAMAGE TO ANY PROPERTIES. CORPUS CHRISTI BANK AND TRUST COMPANY FURTHER AGREES, AT ITS EXPENSE, TO•DEFEND THE CITY OF CORPUS CHRISTI IN ANY SUCH PERSONAL INJURY OR PROPERTY DAMAGE CLAIMSAAND TO REPAY ANY DAMAGES ARISING FROM - - SUCH CLAIMS, OR TO REIMBURSE FORTHWITH THE CITY OF CORPUS CHRISTI, TEXAS ANY MONEYS WHICH IT MAY,BE,CALLEO UPON TO PAY BY REA30N OF ANY SUCH CLAIMS. PROVIDED FURTHER, THAT THE CITY OF CORPUS,CHRISTI MAY AT ITS ELECTION AND AT THE SOLE COST -AND EXPENSE OF CORPUS - CHRISTI BANK AND TRUST COMPANY REMOVE ALL TREES PLANTED, OR OTHER 'VEGETATION PLANTED,AS PROVIDED FOR IN THIS AGREEMENT, AND REPAIR SUCH SIDEWALKS IN A UNIFORM MANNER, WITHOUT FURTHER NOTICE, AT SUCH TIME AS CORPUS CHRISTI BANK AND TRUST COMPANY IS SOLD OR' •IN•THE EVENT CORPUS CHRISTI BANK AND TRUST COMPANY SHOULD BE DECLARED A BANKRUPT. PROVIDED FURTHER, AND Olt OR BEFORE THE EXECUTION or 'THIS AGREE- , MENT ON BEHALF OF THE CITY OF CORPUS CHRISTI, TEXAS, CORPUS CHRISTI BANK AND t TRUST COMPANY SHALL FURNISH TO THE CITY OF CORPUS CHR13TI AN INSURANCE CERTIFICATE ISSUED BY A REPUTABLE, RESPONSIBLE AND RECOGNIZED INSURANCE COMPANY, SNOWING THAT CORPUS CHRISTI BANK AND TRUST COMPANY'IS INSURED - 'AND THE CITY OF CORPUS CHRISTI, TEXAS IS CO- INSURED TO AN EXTENT OF NOT LESS THAN $100,000 TO $300,000 IN PUBLIC LIABILITY - BODILY ,INJURY; OF NOT LESS THAN $10,000 TO $25,1000 PUBLIC LIABILITY - PROPERTY DAMAGE; OF NOT LESS ' THAN $1,000 TO .$10,000 MEDICAL; WHICH INSURANCE COVERAGE SHALL 8E MAIN- , TAINED IN LIKE MANNER COVERING BOTH CORPUS CHRISTI BANK AND TRUST— COMPANY- 'AND THE CITY OF CORPUS CHRISTI FOR 'SO LONG AS THE PLANTED AREAS ABOVE PROVIDED FOR ARE MAINTAINED. - EXECUTED IN TRIPLICATE, EITHER COPY OF WHICH'SHALL CONSTITUTE AN ORIGINAL] THIS. THE DAY OF 1964.` . CORPUS CHRISTI SANK AND TRUST COMPANY ATTESTr r 'BY - SECRETARY - �PRES {DENT CITY OF CORPUS CHRISTI., TEXAS ' ATTESTt • BY CITY SECRETARY HERBERT W. WHITNEY, CITY MANAGER ' APPROVED AS TO LEGAL FORM THIS DAY OF 1964: My ATTORNEY THE'STATE OF TEXAS COUNTY OF NUECES BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED , PRESIDENT OF CORPUS CHRISTI BANK AND TRUST COMPANY, KNOWN TO ME TO SE THE PERSON AND OFFICER WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED TO ME , THAT THE SAME WAS THE ACT OF THE SAID CORPUS CHRISTI BANK AND TRUST - ,COMPANY, A TEXAS CORPORATION, AND THAT HE EXECUTED THE SAME AS THE ACT OF SUCH CORPORATION FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED, y t ~- kAND-IN .THE CA PACITY,THEREIN STATED. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY OF 1964, n e NOTARY PUBLIC IN AMC) FOR NuFcrs COUNTY, w TEXAS THE STATE OF TEXAS ] COUNTY OF NUECES BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED HERBERT W. WHITNEY, CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TEXAS, KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO HE THAT HE EXECUTED THE SAME _ FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED, AND IN THE CAPACITY THEREIN STATED AND AS THE ACT AND DEED OF SAID CITY OF CORPUS CHRISTI. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY OF , 1964. -- NOTARY PUBLIC IN-AND FOR' NUECES COUNTY, - . - TEXAS /CORPUS CHRISTI; TEXAS / DAY OF 9 TO THE MEMBERS OF THE CITY COUNCIL l CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE- GOING ORDINANCE, 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; 1; 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 JACK R. BLACKMON JOSE R. DELEON M. P. MALDONADO W. J. ROBERTS W. H. WALLACE, JR. THE ABOVE ORDINANCE WAS PASSED BY THE FOLLO INGiVOTE: JAMES L. BARNARD JAMES H. YOUNG JACK R. BLACKMON JOSE R. DELEON M. P. MALDONADO W. J. ROBERTS W. H. WALLACE, JR.