HomeMy WebLinkAbout08076 ORD - 06/29/1966�. 6129166
AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND
ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE
A REVOCABLE PERMIT TO HARVIE BRANSCOMB, MAURY WOLFSON,
AND T. S. SCIBIENSKI, ET AL, TO OCCUPY A PORTION OF
THE PUBLIC RIGHT OF WAY ABUTTING THE NORTH SIDE OF THE
$00 BLOCK OF LEOPARD STREET, MORE PARTICULARLY DESCRIBED
AS LOTS 1, 2, 11 AND 12, BLOCK 19, BLUFF PORTION, AN
ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY,
TEXAS, FOR THE PURPOSE OF THE ERECTION AND MAINTENANCE
OF A METAL CANOPY SUPPORTED BY MASONRY COLUMNS, ALL AS
MORE FULLY DESCRIBED IN THE REVOCABLE PERMIT, A COPY OF
WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; PRO-
VIDING FOR THE TERMS AND CONDITIONS AS MORE FULLY SET OUT
IN THE REVOCABLE PERMIT; AND DECLARING AN EMERGENCY.
WHEREAS, OWNERS OF CERTAIN PROPERTY IN BLOCK 19, BLUFF PORTION,
AN ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, WHICH
ABUTS THE NORTH SIDE OF THE 800 BLOCK OF LEOPARD STREET IN THE CITY OF
CORPUS CHRISTI, HAVE REQUESTED PERMISSION TO UTILIZE A PORTION OF THE
PUBLIC RIGHT OF WAY OF SAID STREET IN ORDER TO IMPLEMENT A RENEWAL AND
BEAUTIFICATION PROGRAM OF THE BUSINESSES LOCATED ADJACENT TO SAID RIGHT
OF WAY; AND
WHEREAS, THE CITY IS INTERESTED IN THE ENCOURAGEMENT OF AND
FURTHERANCE OF SUCH RENEWAL AND BEAUTIFICATION PROJECTS IN THE CENTRAL
BUSINESS DISTRICT; AND
WHEREAS, IT IS FOUND AND DETERMINED THAT THE PROPOSED ENCROACH-
MENT, BY THE HEREINAFTER NAMED OWNERS OF THE FACILITY DESCRIBED HEREIN,
INTO THE SIDEWALK PORTION OF THE PUBLIC RIGHT OF WAY WILL NOT INTERFERE
WITH THE USE OF SAID RIGHT OF WAY BY CITIZENS AS A PUBLIC WAY, PROVIDED
THE CONDITIONS AND TERMS SET OUT IN THE ATTACHED PERMIT ARE FULFILLED
AND ADHERED TO:
As
NOW, THEREFORE, 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 OF CORPUS CHRISTI BE, AND HE IS HEREBY,
AUTHORIZED AND DIRECTED TO EXECUTE A REVOCABLE PERMIT TO HARVIE BRANSCOMB,
c TRUSTEE, MAURY WOLFSON, SYLVAN WOLFSON AND STANLEY BLOCK, T. S. SCIBIENSKI,
B. K. S. GARNETT, TRUSTEE, AND A. O. MORGAN, TO ERECT AND CONSTRUCT A METAL
CANOPY OVER THE SIDEWALK, SUPPORTED BY MASONRY COLUMNS ON THE SIDEWALK
WHICH ABUTS PROPERTY OWNED BY THE FOREGOING INDIVIDUALS, SUCH PROPERTY
BEING LOTS 1, 2, 11 AND 12, BLOCK 19, BLUFF PORTION, AN ADDITION TO THE
CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, A COPY OF SAID PERMIT BEING
ATTACHED HERETO AND MADE A PART HEREOF.
SECTION 2. THE NECESSITY TO COMMENCE CONSTRUCTION OF THE CANOPY
AND SUPPORTING COLUMNS IN CONNECTION WITH THE RENEWAL AND REDEVELOPMENT
OF THE BUSINESSES LOCATED ON THE ABOVE DESCRIBED PROPERTY 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 THAT SUCH PUBLIC EMERGENCY 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 �� DAY OF JUNE, 1966.
ATTE n�ll
MAY-OR
THE CITY OF CORPUS CHRISTI, TEXAS
CIT SECRE AR / 4
APPROVED AS TO LEGAL FORM THIS `
29TTHH DAY OF JUNE, 19�6666�:
CITY ATTORNEY �ASSf)
vMP:6/29/66
REVOCABLE PERMIT
THE STATE OF TEXAS j
COUNTY OF NUECES X
WHEREAS, THE OWNERS, HEREINAFTER NAMED, OF CERTAIN REAL PROPERTY
IN THE CITY OF CORPUS CHRISTI HAVE REQUESTED PERMISSION TO OCCUPY THE SIDE-
WALK PORTION OF THE PUBLIC RIGHT OF WAY ON THE NORTH SIDE OF THE SOO BLOCK'
r
OF LEOPARD STREET IN SAID CITY IN THE FURTHERANCE OF A RENEWAL AND RE-
DEVELOPMENT PROGRAM FOR THE BUSINESSES LOCATED ADJACENT TO SAID PUBLIC
RIGHT OF WAYS AND
WHEREAS, THE PROPERTIES AFFECTED AND INVOLVED IN SUCH REQUEST ARE
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE WEST 100 FEET OF LOTS 1 AND 2, THE EAST 50 FEET OF
LOTS 1 AND 2 AND LOTS 11 AND 12, SAVE AND EXCEPT THE
SOUTH 10 FEET OF ALL OF SAID LOTS WHICH IS ALREADY A
PORTION OF LEOPARD STREET RIGHT OF WAY, BLOCK 19,
BLUFF PORTION, AN ADDITION TO THE CITY OF CORPUS CHRISTI,
NUECES COUNTY, TEXAS AND
t
WHEREAS, SAID OWNERS PROPOSE TO CONSTRUCT AND MAINTAIN A METAL
CANOPY AND SUPPORTING COLUMNS, SUCH CANOPY TO EXTEND FROM THE BUILDINGS
LOCATED ON THE ABOVE DESCRIBED PROPERTY OVER THE SIDEWALK TO THE SOUTH; AND
WHEREAS, THE SAID METAL CANOPY WILL EXTEND IN WHOLE OR IN PART AND
BE SUPPORTED BY MASONRY COLUMNS IN PUBLIC RIGHT OF WAY; AND
WHEREAS, THE LOCATION OF SAID METAL CANOPY AND SUPPORTING MASONRY
COLUMNS IS MORE PARTICULARLY SHOWN AND DESCRIBED ON THE ATTACHED EXHIBIT
WHICH IS MADE A PART HEREOF FOR ALL PERTINENT PURPOSES AND
WHEREAS, THE CITY COUNCIL HAS FOUND AND DETERMINED THAT THE LOCA-
TION OF SUCH CANOPY AND COLUMNS WILL IN NO WAY INTERFERE WITH THE USE OF
SAID SIDEWALK BY CITIZENS AS A PUBLIC WAY AND IS NOT INCONSISTENT WITH THE
PRIMARY PURPOSE OF SAID SIDEWALK AS A PUBLIC WAY, PROVIDED THE CONDITIONS
SET OUT HEREINAFTER ARE FULFILLED AND ADHERED TO:
NOW, THEREFORE, IN CONSIDERATION OF THE SUM OF ONE DOLLAR ($1.00)
AND THE FURTHERANCE OF A RENEWAL AND BEAUTIFICATION PROGRAM OF THE ABOVE
DESCRIBED PROPERTY, THE CITY OF CORPUS CHRISTI, ACTING HEREIN BY AND THROUGH
ITS DULY AUTHORIZED CITY MANAGER, HERBERT W. WHITNEY, HEREINAFTER CALLED
e
"CITY ", HEREBY AGREES TO PERMIT AND DOES PERMIT HARVIE BRANSCOMB, MAURY
WOLFSON, SYLVAN WOLFSON AND STANLEY BLOCK, T. S, SCIBIENSKI, B.K.S.
GARNETT, TRUSTEE, AND A. 0. MORGAN, THE OWNERS OF THE ABOVE DESCRIBED
PROPERTY, HEREINAFTER CALLED "PERMITTEE ", TO ERECT AND MAINTAIN A METAL
CANOPY SUPPORTED BY MASONRY COLUMNS OVER AND WITHIN THE SIDEWALK AREA OF
THE RIGHT OF WAY OF LEOPARD STREET WHICH IS ADJACENT TO THE ABOVE DESCRIBED
LOTS IN BLOCK 19, BLUFF PORTION, AN ADDITION TO THE CITY OF CORPUS CHRISTI,
NUECES COUNTY, TEXAS, SUBJECT TO THE FOLLOWING CONDITIONS:
" 1. PERMITTEE AGREES TO INDEMNIFY AND HOLD HARMLESS THE CITY OF
CORPUS CHRISTI FOR ANY AND ALL DAMAGE TO PERSON AND PROPERTY CAUSED DIRECTLY
OR INDIRECTLY BY REASON OF THE EXISTENCE OR INSTALLATION OF SAID CANOPY AND
SUPPORTING COLUMNS.
2. THAT SAID CANOPY AND SUPPORTING COLUMNS WILL BE CONSTRUCTED
IN ACCORDANCE WITH PLANS AND SPECIFICATIONS APPROVED BY THE DIRECTOR OF
PUBLIC WORKS;
3. THAT PERMITTEE AGREES THAT THERE WILL BE NO ADDITIONS, ALTERA-
TIONS OR MODIFICATION OF SAID CANOPY AND SUPPORT COLUMNS PROPOSED TO BE ,
CONSTRUCTED AND NO FURTHER ENCROACHMENTS INTO THE RIGHT OF WAY WITHOUT
PRIOR WRITTEN PERMISSION FROM THE CITY.
4. UNLESS WRITTEN CONSENT OF THE CITY BE FIRST OBTAINED TO
CONTINUE THE EXISTENCE AND MAINTENANCE OF SAID CANOPY AND SUPPORT COLUMNS,
' SUCH FACILITY AND STRUCTURE WILL BE DEMOLISHED AND REMOVED AT THE EXPENSE
OF PERMITTEE IF THE HEREIN DESCRIBED PROPERTY IS EVER SOLD, CONVEYED,
TRANSFERRED OR TITLE IS OTHERWISE DIVESTED FROM PERMITTEES.
5. THAT PERMITTEE AGREES TO DEMOLISH AND REMOVE SAID CANOPY,-
, SUPPORT COLUMNS AND APPURTENANCES AT HIS OWN EXPENSE WITHIN 60 DAYS AFTER
RECEIVING WRITTEN NOTICE FROM THE CITY MANAGER OR THE DIRECTOR OF PUBLIC
WORKS DIRECTING THE REMOVAL OF SUCH STRUCTURE.
6. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT THE RIGHT AND
PRIVILEGE HEREIN GRANTED MAY BE REVOKED AT ANY TIME BY THE CITY.
ATTEST: CITY OF CORPUS CHRISTI
BY
HERBERT W. WHITNEY
CITY SECRETARY CITY MANAGER
APPROVED AS TO LEGAL FORM THIS
DAY OF , 1966:
ASSISTANT CITY ATTORNEY
-2-
•THE STATE OF TEXAS
COUNTY OF NUECES j
BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY
APPEARED HERBERT W. WHITNEY, CITY MANAGER, KNOWN TO ME TO BE THE CITY
MANAGER OF THE CITY OF CORPUS CHRISTI, TEXAS, AND THE SAME PERSON WHO
SIGNED THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE EXECUTED
THE SAME AS THE ACT OF THE CITY OF CORPUS CHRISTI, TEXAS, AND AS CITY
MANAGER THEREOF FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY
OF JUNE,-1966. -
NOTARY PUBLIC IN AND FOR NUECES COUNTY,
TEXAS
THE ABOVE PERMIT IS HEREBY ACCEPTED THIS THE DAY OF
1966, BY THE UNDERSIGNED, AND SAID PERMITTEES AGREE TO
KEEP'AND PERFORM THE CONDITIONS IMPOSED BY THE HEREINABOVE DESCRIBED
PERMIT AND THAT THEY ARE BOUND BY ALL OF THE TERMS OF.THE SAME.
HARVIE BRANSCOMB, TRUSTEE
MAURY WOLFSON
SYLVAN WOLFSON
STANLEY BLOCK
\ T. S. SCIBIENSKI
B. K. S. GARNETT, TRUSTEE
A. 0. MORGAN
THE STATE OF TEXAS
COUNTY OF NUECES
BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY
APPEARED HARVIE BRANSCOMB, TRUSTEE, KNOWN TO ME TO BE THE PERSON WHOSE
NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED TO ME
THAT HE EXECUTED THE SAME FOR THE PURPOSES AND CONSIDERATION THEREIN
EXPRESSED, AND IN THE-CAPACITY THEREIN STATED,
GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY OF
1966.
NOTARY PUBLIC IN AND FOR UECES OUNTY,
TEXAS
THE STATE OF TEXAS k
COUNTY OF NUECES
BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY
APPEARED MAURY WOLFSON, KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUB-
SCRIBED TO THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED TO ME THAT HE
EXECUTED THE SAME FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY OF
1966.
NOTARY PUBLIC IN AND FOR NUECES COUNTY,
" TEXAS
THE STATE OF TEXAS y
COUNTY OF NUECES
BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY
APPEARED SYLVAN WOLFSON, KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUB-
SCRIBED TO THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED TO ME THAT HE
EXECUTED THE SAME FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY OF
, 1966.
NOTARY PUBLIC IN AND FOR NUECES COUNTY,
TEXAS
THE STATE OF TEXAS
COUNTY OF NUECES
BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY
APPEARED STANLEY BLOCK, KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUB-
SCRIBED TO THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED TO ME THAT HE
EXECUTED THE SAME FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY OF
, 1966.
NOTARY PUBLIC IN AND FOR NUECES COUNTY,
TEXAS
THE STATE OF TEXAS
COUNTY OF NUECES
BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY
APPEARED T. S. SCIBIENSKI, KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUB-
SCRIBED TO THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED TO ME THAT HE
EXECUTED THE SAME FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY OF
, 1966.
NOTARY PUBLIC IN AND FOR NUECES COUNTY,
TEXAS
THE STATE OF TEXAS
COUNTY OF NUECES
BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY
APPEARED B. K. S. GARNETT, TRUSTEE, KNOWN TO ME TO BE THE PERSON WHOSE NAME
IS SUBSCRIBED TO THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED TO ME THAT HE
EXECUTED THE SAME FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED,
AND IN THE CAPACITY THEREIN STATED.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY of
1966.
NOTARY PUBLIC IN AND FOR UECES OUNTY,
TEXAS
i
R
i
THE STATE OF TEXAS Z
COUNTY OF NUECES
BEFORE ME, THE'UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY
APPEARED A. 0. MORGAN, KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUB-
SCRIBED TO THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED TO ME THAT HE
EXECUTED THE SAME FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY
OF , 1966.
NOTARY PUBLIC IN AND FOR NUECES COUNTY,
TEXAS
0
yk
CORPUS CHRISTI, TEXAS / ///
' / DAY OF 19 (, (_
TO THE MEMBERS OF THE CITY COUNCIL �f
CORPUS CHRISTI, TEXAS
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE-
GOING ORDINANCEO 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,
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE;
DR. MCIVER FURMAN
JACK BLACKMON
PATRICK J. DUNNE
DR. P. JIMENEZ, JR.
KEN MCDANIEI
BONNIE SIZEMORE
WM. H. WALLACE
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWI VOTE;
DR. MCIVER FURMAN
JACK BLACKMON
PATRICK J. DUNNE
DR. P. JIMENEZ, JR.
a
KEN MCDANIEL
RONNIE SIZEMORE
WM. H. WALLACE