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Home My WebLink About07994 ORD - 04/27/1966�• !VMP:4/20/66 , AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND C JULIA FnnFNT WITH ROBERT DRISCOLL,OJULIAPUS CHRISTI, AN DRISCOLL AND ROBERT DRISCOLL, JR. FOUNDATION, OWNER OF THE ROBERT DRISCOLL HOTEL, ACTING THRU ITS TRUSTEES, JOINED BY THE HOTEL MANAGER, PROVIDING FOR THE BEAUTI- FICATION OF THE SIDEWALK AREA BY THE PLANTING OF TREES ON THE SOUTH SIDE OF THE 0 BLOCK OF ANTELOPE STREET, ADJACENT TO THE ROBERT DRISCOLL HOTEL, A COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF; pND DECLARING AN EMERGENCY. WHEREAS, THE OWNERS OF THE ROBERT DRISCOLL HOTEL ARE DESIROUS OF CONTINUING THE BEAUTIFICATION PROJECT OF BEAUTIFYING THE CURB LINE OF THE 600 BLOCK OF ANTELOPE STREET, ADJACENT TO THE ROBERT DRISCOLL HOTEL, BY THE PLANTING OF TREES IN PLANTING WELLS AT INTERVALS OF SAID SIDEWALK AREA AND THE REMOVAL OF A PORTION OF PARKING METERS AND SUPPORTS OF PARK- ING METERS, AND THE CITY IS AGREEABLE TO CONTINUATION OF SUCH BEAUTIFICA- TION 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 F OF THE CITY OF CORPUS CHRISTI, BEHALF ERT DRISCOLL, JR. AN AGREEMENT ITH ROBERT DRISCOLL, JULIA DRISCOLL AND ROB FOUNDATION, ACTI\\HRU ITS TRUSTEES, OWNERS OF THE ROBERT DRISCOLL HOTEL, BE ORISCO LL HOTEL, AND THE RD ACTING THRU ITS MANAGER, PROVIDING FOR THE SIDEWALK AREA BY THE PLANTING OF TREES ON THE SOUTH BEAUTIFICATION R THE SIDE OF THE 600 BLOCK OF ANTELOPE STREET, ADJACENT TO THE SAID ROBERT DRISCOLL HOTEL, 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 7994 vi 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 SAID CHARTER RULE AND THAT THIS ORDI- NANCE 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 rHE 7 OF APRIL, 1966. ATTE C TY SECR TARY APPROVED AS LEGAL FORM THIS DAY OF APRIL, 1966: CITY ATTORNEY MAYOR THE CITY OF CORPUS CHRISTI, TEXAS „;� - ',a,-''4• THE SPATE OF TEAS I' ', • f _ . • ' ;` •;r •,' _ «tta� ;'. . , !+ .,. COUNTY OF NUECE$ • '•x r,' -r:, ��, a,,�; ' :1 THIS MEMORANDUM OF AGREEMENT MADE AND EHTCRED INTO MY ANO' ' BETVEEN ROBERT DRI JULIA ^_ ' 1 �✓ 1 a. SCOLL, DRISCOLL AND ROBERT DRISCOLL, J:T,lom, FOUNDATION] OWNER QF THE ROBERT DRISCOLL HOTE4, A rEXAe CORPOR MITH PRINCIPAL OFFICES IN TH[ CITY OF CORPUS CHRISTI, N '~ UECES COUNTY, t TEXAS/ ACTING, BY AND THROUGH THE TRUSTEES OF SAID FOUNDATION/ JOINED BY d Fa i BLAKC SMEATT' MANAGER Of THE ROB HOTEL, AND THE CITY OF” y_'Jt�`'•" + CRT DRISCOLL 1 CORPUS CHRISTI, TEXAS, A MUNICIPAL CORPORATION, OF NUECES COUNTY, TEXAS' I !y w t r N E s s E r THAT 1MEREAS, THE ROBERT DRISCOLL, JULIA DRISCOLL AND ROBERT ; 1•,i ,t, ` DRISCOLL$ JR. FOUNDATION, HEREINAFTER CALLED °FOUNDATION', IS THE OWNER �•�.'� "•a i yr OF - THE'ROBERT ORISCOLL HOTEL, LOCATED ON THE SOUTH SIDE OF THE GOO BLOCK •'k`4• ''i '•y' I ;wh• OF ANTELOPE STREET CITY of 0 , COUNTY E IN THE CORPUS CHRISTI NUECEffi C .'�c'•r'•'��t TOGETHER WITH THE 914PROVEMENTS THEREON SITUATED; AND i.•-.;y �C`��'.: t;.., WXREAS, THE CITY OF CORPUS CHRIST + y ' `'':h'•i 1, HEREINAFTER CALLED "CITY" I'V•- , *�'�•z „'�, . �• A, •• MAINTAINS ALONG THE CURB Lin Of SAID 6OD BLOCK OF ANTELOPE $ TREET, AND �fCOHTIQUOUS TO THE AOOVC DESCRIBED PROPERTIES,'PARKING METERS FOR'TNEr' t ? t- CONTROL' OF THE PARKING OF AUTOMOTIVE VEHICLES; AND 'r',r v • \. WEREAS, •THE ROBERT DRISCOLL HOTEL IS DESIROUS Of CONTINUATION,F' OF THE PROJECT OF BEAUTIFYING THE CURB LINE OF THE GOO BLOCK OF ANTELOPE ? 'fii.''i,`• `• ''. •;,� {.W?' 7 r. �j r :}. " ". vi, y,$TREET CONTIoUOUS TO ITS BUILDING BY THE PLANTING OF LIVE, GROWING TREES, / •_;ti'. F'1 v •t•�r ¢.r THE PLANTING OF WHICH VILL REQUIRE THE REMOVAL OF SOME OF THE AfoREMEN+ it TIONED PARKING METERS, THE REMOVAL Of PORTIONS OF THE PAVED SIDEWALK .1 lik AREA A , AND THE EXCAVATION AND ENCASING OF PLANTING WELLS FOR THE SUPPORT Of SUCH TREES, ALONG THE CURB LINE of ANTELOPE STREET CONTIGUOUS TO ITS •,:T'! °," BUILDINGS .,,,�, ; r i •. ' "'; 0.t ' •� �' 1' ` ;' � t ; *'�� , NOWS, THEREFORE, KNOW ALL MEN BY THESE PRESENTSt '`''f °t ' w` ' ""y} i• sy , THAT THE ,, �,,•,!�.= 1•,.y, FOUNDATION, ACTING BY AND THROUGH THE TRUSTEES OF SAID FOUNDAT:1014140-1' ONS JOINED BY BLAKE SWCATT, MANAGER OF THE ROBERT DRISCOLL HOTEL$ ,.�a' „.111 �R� Q `c , "• . 'r. ' a, �'' %'i �, I f• ;' • t. 4 . • �. CITY MAYS AND DO MUTUALLY AGREE AS FOLLOWS! i. THAT THE CITY OF CORPUS CHRISTI WILL LEAVE UNOCCUPIED +� +' ^" rY,, •• WITH PARKING METER DEVICES THE CURB LINES OF ANTELOPE STREET# EXTENDING t'= rPt.;• r s'� t WESTWARD ►ROM THE DRIVEWAYS TO THE HOTEL WAGE) AND WILL PROVIDE AGAINST =. t' THE PARKING OF MOTOR VEHICLES ALONG SUCH CURE LINES. ° '• $. THAT THE ROBERT DRISCOLL HOTEL HAS CAUSED OR WILL CAUSE "`N• {)$$) r`4,. t �" EXCAVATION TO Be IIADC ALONG THE CURB LINE OF ANTELOPE STREET 0/ NOT LESS z F•4 -•R ; THAN SEVEN PLANTING , b:'•� . WELLS OF A 512E APPROXIMATELY TWENTY-SIX INCHES J IN DIAMETERp,WHICH WELLS DURING THE EXCAVATIONp CONSTRUCTION AND PLANT—' ING PERIOD WILL EITHER BE COVERED OR PROTECTED TO PRECLUDE THC GENERAL '. PEDESTRIAN TRAFFIC FROM FALLING INTO ANY SUCH EXCAVATIONS. THAT WHERE i THE SIDEWALK IS REMOVED TO ACCOMMODATE THE PLANTING WELLS, A PROTECTIVE SURFACE AROUND THE CIRCUMIERONCE OF THE WELL WILL BE MAINTAINED FROM tot k' SURFACE OF THE SIDEWALK AND WILL BE SMOOTH BURFACtp ROUNDED AT THE TOP 1 AND GROUTED AT THE SIDEWALK LEVEL SO THAT THERE WILL Be NO UNEVEN OR f•• •' r OPEN ARCM. t;';•; � "'.'ry•�', THAT IMMEDIATELY UPON EXCAVATION OF SUCH PLANTING V[Lli ANO•+ �.'.: '.' „•' 'PROGRESSIVELY AS SUCH YELLS ARE CONSTRUCTep# GROWING TREES VILL BE TRANS+ . c,'t+. -;.A •t: r (PLANTED T"CREIRP WHICH TREES BNALL Be FREE Of FOLIAOC AND/OR BRANCHES BELOW A SIX AND ONE HALF FEET PEDESTRIAN CLEARANCE FROM THE bURFACt Or” f' ,rar,eaa'V'sff +n THE SIDEWALK- THAT SAID FOUNDATIO '' -v' �•., - �7:., •''n NAND THE ROBERT DRISCOLL HOTEL SMALL ,•'la.r �.; I = ', q MAINTAIN SUCH TREES AND THE AREAS IN WHICH THEY ARE PLANTED IN AN "'o•r':','. " �' "3 j.;.' "`'r�;• " ", ORDERLY) CLCANj WELL•TRI14MED AND VCLLOKCPT MANNER AND FAILING $0 TO 00) •,;fd . TNt CITY OF CORPUS CHRISTI SHALL HAVE THE RIGHT TO MAINTAIN SUCH TREES r., , •,z�� +,•..`7;+ AND THE AREAS IN WHICH THEY ARE PLANTED IN AN ORDERLY #•CLEAN) WELL- TRINNED, AND VCLL•KEPT MANNER AT THE SOLC EXPENSE OF THE FOUNDATION AND Tot ROBERT MfISCOLL HOTEL. PROVIDED) HOWEVER# THAT IN THE EVENT rut ROBERT DRISCOLL? HOTEL ELECTS TO ABANDON SUCH PROJECT AT ANY TIME It NAY 00 800 IN WHICH' ` ,I,„ ;., -,, r,,,, EVENT It WILL RESTORE THE SIDEWALK AREA TO THE AS REASONABLY GOOD CONDITION AS TNC CONTIGOCUS SIDEWALK AREA THERETO# IT SEING INTENDED THAT THE CITY ff;� °• Of CORPUS CHRISTI NAY NOT MAINTAIN THE PROJECT AT THE EXPENSE OF THE ?AC''• E',. ",a, ROBERT DRISCOLL HOTEL IF THC ROBERT,DRIBCOLL HOTEL ELECTS TO ABANDON THE t% ;,',•',j PROJECT. •ANY TREES DYING SHALL EITHER Be REPLANTEO'PROMPTLY OR THE LOCA- • 'y' - TION SHALL B[ MANDONED AND Tot 410tVALKS'RCPAIREp IN A GOODS WORKMANLIKII �' r 'I'll , �.•> • , s ' j _ ' MANNER COMMENSURATC WITH THE CONTIGUOUS SIDEWALK AREA. TNC ROBERT DRISCOLL HOTEL MAY, AT ITS OPTION AND tI1TNlN TNC CANTH ARLA OF !KC PLANTING WCLL► PLANT FROM TINt TO TIM[ SEASONABLE OROWING;FLOWCRS #'AS FURTNLR SHAUTIFI «'', CATION. Exe:[Pt As HLRBINAF7ER'PROYIDCp► THE CITY OF CORPUS CHRISTI ,- - GRANTS TO THC SAID I%BCRT DRISCOLL HOTEL' ITS PERMISSION TO CONSTRUCT AND MAINTAIN SUCH PLANTED AREA FOR A TERM OCTCRMINABLt BY THC ROBERT DRO OLL' "• HOTEL. PROVIDED# HOWEVER# THAT TNC PERMISSION HLRCIN GRANTXO BY THC CITY ' 4a•; '•, OP CORPUS CHRISTI SHALL NOT BE IN DEROGATION OF THE CITY CNARTHR AND '- SUCH PERMISSION IS GRANTED FOR A TERM'CO- CXTENSIYL WITH TNC'MAXINUM PERIOD PCRNITTLD BY THE CITY CHARTER W►tHOUT'THE CALLING OF AN ELECTION. !l' THIS AGREEMENT I$ AN LXTCNSION Of THE ORIGINAL AGREEMENT OATCO MARCH, 1# 1961# MODIFIED YO PERMIT THE INSTALLATION AND MAINTENANCE OF PARKING MCTLRS ?•``` x'4.4,:'• ±' ALONQ THC CURS OF ANTELOPE STREET CK7tHpING iwlITWARD IRON THC HOTEL GARAGE N �' „'' fi• CNTRANCC AND DRIVEWAY TO NORTH BROADWAY: IN CONSIDERATION FOR TN$ CITY OF COROUS CNR18T1► TEXAS# HAYING r. ,,`•`i'.: GRANTED THE FORtQO1N6 PERMISSION AND HAYING AQRECp 70•HAVR REMOVES THE AFOREMENTIONED PARK111G MLTERS�ANa FOREGOING THE REINSTALLATION OF SUCH �,• S,: PARKING METERS WESTWARD FROM THE ¢loTtL GARAGE ORIVEMAY EMTRANt6 WESTWARD CARANCAHUA STRCCT# FOR SO LONG AS SUCH BEAUTIFICATION PROJECT is'' MAINTAINED, THE ROBERT DRISCOLL HOTEL AGREES TO HOLD THE CITY OP CORPUS CLEAR OF ANY AND ALL CLAIMS ARISINt BEAUTI «: 'S':;e• -•i ; • ";' %, "�� ,;;i,•s, CHRISTI FRET AND G OUT OF TH '1,.£• .; , '; dam' FICATION PROJECT AND RESULTING IN THE INJURY TO ANY PERSON OR PERSONS OR THE DAMAGE TO ANY PROPERTIES• THE ROBERT DRISCOLL HOTEL FURTHER ` ati "; -a'`•` AGREES# AT ITS CXPCNSB# 70 DEPEND THE CITY IN ANY SUCH PERSONAL INJURY OW L' ?• 'Y'- , �• ;•` PROPERTY DAMAGE CLAIMS AND-TO REPAY ANY DAMAGES ARISING FROM OUCH CLAIMSy OW 70 REIMBURSE FORTHWITH THC CITY OF CORPUS CHRISTI ANY MONEYS MNICN'li,;r``', ''►W1 MAY SE CALLED UPON TO MAY DT RCAEON OF ANY SUCH CLAIMS. PROVtDEO# •', FURTHER THAT THE CITY OF CORPUS CHRISTI NAY At ITS CLCCTION AND AT THC" f SOLE COST AND tXPCNSE OF THE ROBERT DRISCOLL HOTEL REMOVE ALL TREES ` PLANTED# OR OTHER VCGHTAtIOM PLANTED AS PROVIDED FOR IN THIS AGRCCMCNTp "' "'AND REPAIR SUCH S109WALKS'IN.A UNIFORM MANNCN' WITHOUT FURTHER not 1CQy AT VIII; ;1' , -;F•' ... - ,' `• ,y. V'I SUCH TIME AS THE ROBERT DRISCOLL HOTEL If SOLD OR IN THE EVENT THC ROBERT :' ^• DRISCOLL HOTEL SHOULD BE DECLARED A DANKRUPT. PROYtOCOA ►URTHERp AND ON OR BEFORE THt EXECUTION OF THIS AaRCCMCNT ON BEHALF OF THE CITY OF CORPUS CHRISTI THE rOUNOATION AND THC ROBERT DRISCOLL HOTEL SHALL NAY[ ON FILE WITH THC CITY OF CORPUS CHRISTI AN INDUS NCt CERTIFICATE ISSUED BY A - -` y,''••'. a •'ir RtPUTASLtp RESPONSISLC AND RECOGNIZED INSURANCE COMPANYp 8HOVINO THAT TAC ;;.�, �•" '{ o-.,,.•�; ROBERT DRISCOLL HOTEL IS INSURED AND THE CITY OF CORPUS CHRISTIp TEXAS# oi IS CO-INSURED TO AN tXTCNT OF NOT LESS THAN 4100,000 TO 0300,m IN' :'r : i, P • PUBLIC LIABILITY — BODILY INdURYJ OF NOT LESS THAN 410,000 PUSLIO "' r LIABILITY PROPERTY pAMAOCJ OF NOT LESS THAN #100,000 TO #500,000 ^ OCNERAL OR COMPREHENSIVE OE'NERAL LIABILITY BODILY iNJURYI AND NOT •• t`[; I t „• ` LESS THAN 4� 0,000 OCNCRAL OR CONPREMENSIVC GENERAL LIABILITY + PROPERTY ` DAMAGE) WHICH INSURANCE COVERAGE SHALL PC MAINTAINED IN LIKE MAlINER COVERING THE FOUNDATION AND THE ROBERT DRISCOLL HOTEL AND THC CITY OF' :. �.'•tt. CORPUS CHRISTI FOR SO LONG AS THE PLANTCO AREAS ASOVC PROVIOCO FOR AMC - NAINTAINEO. UECUTED,IN DUPLICATE] EITHER COPY OF WHICH SHALL'CONSTItUTt M1 "'17-;i r +' AN ORIGINAL] THIS Ttt�DAT OF � 1966. Fa } •i' ROBERT DRISCOLLt JULIA DRISCOLL AND ROBERT DRISCOLL,, JR. FOUNDATION ' j'`Sf�. �f'••° • "J1y�- `�Et �'1 ,, •!'�k,'• , r , F+` Y'' ' - •' ' • �i .r+ , ".�'l•` .�? e . " y1 : , "i.,. �,'.a'-�,, . •r,?;' 'PRESTON FITTMAN .F C. 'I" .1.4i's i+ .t', '3. k•' _ i I' ,r r. '`f• , ;7,:' Y�" k' t., • 5 • SCIBItNBKI TRUSTEES THE ROBERT DR' SCOLL HOTEL ? ” By + r BLAKE SWEATY 4t MANAGER I +;; ,• Y': . ";,•' "''ti ATTEST[ CITY OF CORPUS CHRISTI, TExA8 !; CITY SE CRETARY BY, I HERBERT W WHITNEY J, APPROVED AS TO LEGAL FORM THIS CITY MANAGER „ ! DAY OF • 1966[ ; It TTORN[Y i ti� J CORPUS CHRISTI) TEXAS �- DAY OF /�.I '9 1°. TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI; TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE- D IMPERATIVE NECESSITY EXIST FOR GOING ORDINANCES A PUBLIC EMERGENCY AN T THAT NO ORDINANCE OR THE SUSPENSION OF THE CHARTER RULE OR REQUIREMEN 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 ON TH OR REQUIREMENT N THIS ORDINANCE THEFCNTYLCOUNCILE DATE IT IS INTRO RESPECTFULLY, MAYOR THE CITY OF CORPUS CHRISTI TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: DR. MCIVER FURMAN -O JACK BLACKMON _ 1--�- PATRICK J. DUNNE DR. P. JIMENEZ, JR. KEN MCDANIEL RONNIE SIZEMORE WM. H. WALLACE 1 0 THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING DR. MCIVER FORMAN r JACK BLACKMON PATRICK J. DUNNE O DR. P. JIMENEZ, JR. KEN MCDANIEL RONN IE S I ZEMORE WM. H. WALLACE �3�