HomeMy WebLinkAbout07531 ORD - 03/24/1965AN ORDINANCE ,
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND
DELIVER, FOR AND ON BEHALF OF THE CITY, AN AGREEMENT
AGREEING TO THE MODIFICATION OF DEED RESTRICTIONS PLACED
ON THE AREA KNOWN AS WOODLAWN PLAZA SHOPPING CENTER SO
AS TO PERMIT THE SALE AND CONSUMPTION OF BEER, WINE
OR ALE IN A RESTAURANT OR CAFE LOCATED ON SAID PREMISES,
PROVIDED SUCH SALE AND CONSUMPTION OF SUCH BEVERAGES IS AS
AN ADJUNCT TO OR INCIDENT WITH THE SALE AND CONSUMPTION
OF FOOD ON THE PREMISES; AND DECLARING AN EMERGENCY.
WHEREAS; UNDER DATE OF FEBRUARY 28, 1963, WOODLAWN PROPERTIES
EXECUTED AND RECORDED AN INSTRUMENT PLACING CERTAIN USE RESTRICTIONS UPON
THE HEREINAFTER DESCRIBED PREMISES, WHICH INSTRUMENT IS RECORDED IN
VOLUME 993 AT PAGE 477 OF THE DEED RECORDS OF NUECES COUNTY, TEXAS, TO
WHICH REFERENCE IS HERE MADE, WHICH INSTRUMENT BY ITS TERMS EXPRESSLY
PROVIDED FOR MODIFICATION OF SUCH RESTRICTION BY AN INSTRUMENT IN WRITING
AUTHORIZED BY THE CITY COUNCIL AND EXECUTED BY THE CITY MANAGER; AND
WHEREAS, REQUEST HAS BEEN MADE TO MODIFY SAID RESTRICTIONS
AND SAID REQUEST HAVING BEEN CONSIDERED BY THE CITY COUNCIL AND APPEARING
TO BE REASONABLE AND PROPER:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS: '
SECTION 1. THAT THE CITY MANAGER BE, AND HE IS HEREBY, AUTHORIZED
AND DIRECTED TO EXECUTE AND DELIVER, FOR AND ON BEHALF OF THE CITY, AN
AGREEMENT AGREEING TO MODIFY DEED RESTRICTIONS PLACED ON WOODLAWN PLAZA
SHOPPING CENTER SO AS TO PERMIT THE SALE AND CONSUMPTION OF BEER, WINE
OR ALE IN A RESTAURANT OR CAFE LOCATED ON SAID PREMISES, A COPY OF SAID
AGREEMENT BEING ATTACHED HERETO AND MADE A PART HEREOF.
SECTION 2. THE NECESSITY TO MODIFY THE DEED RESTRICTIONS AS
OUTLINED HEREINABOVE SO THAT PLANS AND CONSTRUCTION MAY PROCEED IN THE
WOODLAWN PLAZA SHOPPING CENTER 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 DR RESOLUTION
SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL,
Y3l"J2i-*1::
'531
AND THE MAYOR HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST,
AND HAVING REQUESTED THE SUSPENSION OF THE CHARTER RULE AND THAT THIS
ORDINANCE TAKE EFFECT AND BE IN FULL FORCE AND EFFECT �FROM AND AFTER ITS
PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE �( {� DAY OF MARCH,
1965-
OR
CITY
THE CITY OF CORPUS CHRISTI, TEXAS
A SECR TA
APPROVED AS TO LEGAL FORM THIS
R �{ DAY OF MARCH, 1965:
CITY AATTORNEY V
THE STATE OF TEXAS X
COUNTY OF NUECEB X;
WHEREAS, under date of February 28, 1963, Woodlawn
Properties executed and recorded an instrument .placing certain use
restrictions upon the hereinafter described premises, which
instru-
ment is recorded in Volume 993 at page 477 of the Deed Records of
Nuecea county, Texas, to which reference is here madei and '
WHEREAS, such instrument by its terms expressly provided
that any modificatiop;,waiver or release of said restriction may be '
accomplished by an instrument, in writing, authorized b
g' a y a. ppropriate
council action and signed by the City Manages or Mayor of the City
Of corpus Christi, Texas, and attested by the City Secretary and
filed for record in the
Deed Records of Nueces County; Texas; and
WHEREAS, an occasion has arisen which required that such
restrictions should be modified so'as to permit the sale and consump
tion of beer, wine or ale upon the remises
p .provided the sale and
consumption is as an adjunct to or indident with the sale and con-
sumption of food upon the premisesi'and,
WHEREAS, the City Council of Corpus Christi; Texas, do not
consider that such modification of such restrictions would do vio-
lence to the original purpose or intent of .placing such restriction
on said premises, and have by appropriate council action, .authorized
this instrument to be signed by the City Manager and attested by
the City Secretary of said city,
NOW, THEREFORE,,RNOW ALL MEN BY THESE PRESENTS: That for
and in consideration of $1.00 and other valuable consideration, the
undersigned Herbert W. Whitney, City Manager of the City of Corpus
Christi, Texas, acting .pursuant to the authority.vested in me by
Ordinance of said City and the provisions of the said instru-
ment creating the restrictions on Woodlawn Plaza Shopping Center,
..:
SO HERErY- NO010Y $AIg REST0ICTIONS, 30 As TO PERMIT THE SALE AND Cpp
SUMPTION OF (SEER, MINE OR ALE IH A RESTAURANT OR CAFE LOCATED ON SAID
PRENISBSp PROWDINQ SUCH SALE AND CONSUMPTION OF SAID BEVERAUC SHALL 3E
AS AN ADJUNCT TO '04 INCIDENT -VITH THE SALE'_ANd CON5UMOTION OF FOOD ON THE4
PRENI,yES, PROVIDED, HOWEVER,," *HI 3 MODIFICATION SHALL 'NOT Se CONSTRUS:D AS
PERNITTIN9 THE WE OF ItAiD pRENISEi F9K A DRIVE -14 Off 1OLNQE TYPE
ESTABLISHMENT.
EXECUTED THIS DAY OF MARCH, 1965.
ATTESTi
.HERBERT. W. WNITHEYi CITY MANAGERS CITY '
OF CORPUS CHRISTI, TEXAS
CITY SECRETARY APPROVED AS TO FORRM$,
,CITY ATTORNEY
THE STATE. OF TEXAS
COUNTY OF NUECES j
BEFORE 811rI THE UNDERSIBNED,AUTHORITY pN THI7 DAY PERSONALLY
APPEARED HERBERT W:�WHITNEYj CITY MANAQER OF THE CITY OF CORPUS CHRIST►,
TEXAS, KNOWN to ME 1D BE THE= PERSON WHOSE NAME IS SU 3CRIDCD T6 TH$'FORE_
pplNa IRSTRUNENT AND ACKNOWLEDGED TO MC THAT HE EXEC' TED THC SANE FOR THE
PURPOSE$ AND COM9IDCRATION THEREIH CXPRESSCD.AND IN T
STATED, HE CAPACITY THEREIN
RIVEN UNDER NY HAND AND SEAL OF OFFICE'YH14 DAY DP
MARCH, 1965t.
NOTARY PUBLIC IN AND FOR NUECE3 OUMTYy
TExAs `
k
CORPUS CHRISTI, TEXAS '
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 EX13T FOR
THE SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR
RE30LUT10N 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
r OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT 13 INTRO-
. DUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. -
RESPECTFULLY,
MAY
v
THE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS'SUSPENDED BY THE FOLLOWING VOTE.
JAMES L, BARNARD -
JAME3 H. YOUNG
JACK R. BLACKMON %
JOSE R. DELEON - -
M..P...MALDONADO
W. J. R66ERTS
.,,. W. H. WALLACE, JR.
THE ABOVE ORDINANCE WAS PASSED BY THE FOLL INGIVOTE:
JAMES L. BARNARD
JAMES H. YOUNG
JACK R. BLACKMON
J03E R. DELEON .
M. P. MALDONADO «.
W. J. ROBERTS
- W. H. WALLACE, JR.