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Home My WebLink About08204 ORD - 10/05/1966TDM: JKH:10- 66 `\ AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ OF THE ORDINANCE AND RESOLU- TION RECORDS, AS AMENDED FROM TIME TO T[ME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 61o6, AS AMENDED, UPON APPLICA- TION OF PARKVIEW GENERAL HOSPITAL, INC., BY GRANTING A SPECIAL PERMIT FOR THE CONSTRUCTION AND OPERATION OF A CON- VALESCENT HOME ON THE EDWIN E. CONNOR TRACT, ACCORDING TO THE MAP THEREOF OF RECORD IN VOLUME 27, PAGE 89, MAP RECORDS OF NUECES COUNTY, TEXAS, SUBJECT TO THE CONDITIONS HEREINAFTER MORE PARTICULARLY SET OUT, AND FURTHER SUBJECT TO THE INDEMNI- FICATION AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND PARKVIEW GENERAL HOSPITAL, INC., A COPY OF WHICH IS ATTACHED HERETO AND MARKED EXHIBIT "A" AND MADE A PART HEREOF FOR ALL PERTINENT PURPOSES, AND FURTHER SUBJECT TO THE SITE PLAN, A COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "B ", AND MADE A PART HEREOF; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. WHEREAS, THE ZONING AND PLANNING COMMISSION HAS FORWARDED TO THE CITY COUNCIL, ITS REPORTS AND RECOMMENDATIONS CONCERNING APPLICATION OF PARKVIEW GENERAL HOSPITAL, INC., FOR AMENDMENT TO THE ZONING MAP OF THE CITY OF CORPUS CHRISTI, TEXAS; AND WHEREAS, PUBLIC HEARING WAS HELD AT WHICH HEARING ALL PERSONS WISHING TO APPEAR AND BE HEARD, TO CONSIDER THE SAME BEFORE THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, IN ACCORDANCE WITH PROPER NOTICE TO THE PUBLIC, SAID PUBLIC HEARING HAVING BEEN HELD ON SEPTEMBER 14, 1966, AT REGULAR COUNCIL MEETING OF THE CITY COUNCIL IN THE COUNCIL CHAMBER AT CITY HALL IN THE CITY OF CORPUS CHRISTI; AND WHEREAS, BY MOTION DULY MADE, SECONDED AND CARRIED, IT WAS DECIDED BY THE CITY COUNCIL THAT TO APPROVE THE HEREINAFTER SET FORTH AMENDMENT WOULD BEST SERVE PUBLIC HEALTH, NECESSITY AND CONVENIENCE AND THE GENERAL WELFARE OF THE CITY AND ITS CITIZENS: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE ZONING ORDINANCE OF THE CUTY OF CORPUS CHRISTI, TEXAS, PASSED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ, OF THE ORDINANCE AND RESOLUTION RECORDS, 4 AS AMENDED FROM TIMr TO TIME AND IN PARTICULAR AS AMENDED BY ORDINANCE N0. 6106, AS AMENDED, BE AND THE SAME IS HEREBY AMENDED BY MAKING THE CHANGE HEREINAFTER SET OUT. SECTION 2. THAT THE EDWIN E. CONNOR TRACT, ACCORDING TO THE MAP THEREOF OF RECORD IN VOLUME 27, PAGE 89, MAP RECORDS OF NUECES COUNTY, TEXAS, BE GRANTED A SPECIAL PERMIT FOR THE CONSTRUCTION AND OPERATION OF A CONVALESCENT HOME, SUBJECT TO THE INDEMNIFICATION AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND PARKVIEW GENERAL HOSPITAL, INC., A COPY OF WHICH IS ATTACHED HERETO AND MARKED EXHIBIT `V, AND MADE A PART HEREOF FOR ALL PERTINENT PURPOSES; FURTHER SUBJECT TO THE SITE PLAN, A COPY OF WHICH 15 ATTACHED HERETO, MARKED EXHIBIT t0B", AND MADE A PART HEREOF; AND FURTHER SUBJECT TO THE CONDITIONS HEREINAFTER MORE PARTICULARLY SET OUT: A. COMPLIANCE WITH ALL CONDITIONS IMPOSED BY THE DEPARTMENT OF PUBLIC WORKS WHERE CONSTRUCTION OVER A SANITARY FILL IS CONCERNED. B. THE REAR PORTION OF THE PROPERTY BE CONTINUALLY MAINTAINED AS A DRAINED AND GRASSED AREA, THIS BEING A CONDITION OF THE ORIGINAL SPECIAL COUNCIL PERMIT GRANTED NOVEMBER 11, 1959. C. LOT 18, BLOCK 2, NANJEAN PARK UNIT 2, BE CONTINUALLY MAINTAINED AND GIVEN A WELL KEPT APPEARANCE. D. CARE OF TUBERCULAR PATIENTS BE PROHIBITED. E. THE BUILDING BE LIMITED TO ONE -STORY IN HEIGHT. F. THE SPECIAL PERMIT BE TIED TO THE SITE PLAN SUBMITTED TO THE ZONING AND PLANNING COMMISSION ON JULY 25, 1966. G. THE EXISTING MASONRY WALL BE EXTENDED THE LENGTH OF THE DEVELOPED AREA. H. ALL ROADS AND PARKING AREAS IN THE AREA BE SURFACED WITH ASPHALT. I. THAT NO CERTIFICATE OF OCCUPANCY BE ISSUED UNTIL FULL COM- PLIANCE WITH ALL CONDITIONS. SECTION 3. THAT q NOTATION BE MADE ON THE OFFICIAL ZONING MAP OF THE CITY OF CORPUS CHRISTI, TEXAS, REFLECTING THE SPECIAL COUNCIL PERMIT AS HEREIN GRANTED. SECTION 4. THAT THE ZONING ORDINANCE AND MAP OF THE CITY OF CORPUS CHRISTI, TEXAS, APPROVED ON THE 27TH DAY OF AUGUST, 1937, AS AMENDED FROM TIME TO TIME, EXCEPT AS HEREIN CHANGED SHALL REMAIN IN FULL FORCE AND EFFECT. SECTION 5. THAT ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH ARE HEREBY EXPRESSLY REPEALED. -2- r SECTION 6. THAT THE NECESSITY OF.IMMEDIATELY MAKING AFORESAID CHANGE FOR THE PURPOSE OF MAINTAINING AT ALL TIMES A COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF CORPUS CHRISTI, 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 SUCH EMERGENCY AND NECESSITY TO EXIST, AND HAVING REQUESTED THE SUSPENSION OF 1HE CHARTER RULE 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 14-6-a DAY OF OCTOBER, 1966. ATTEST: CICRETARY MAYO R / /• THE CITY OF CORPUS CHRISTI, TEXAS APPR9VED AS TO LEGAL FORM THIS HE DAY OF OCTOBER, 1966: Aw C11-711, CITY ATTORNEY NOT APP OVED BECAUSE NO VISION FOR PERFORMANCE BO D TO ASS E PER RMA CE THIS HE �^ D YOF CT R, 1 6: . M. INGE , CIT ATT NEY .. � . ,• INdEIRFIIfIG1T101i• A(�REEfAfHT THE STATE OP TEAS,-", . I „, ; r ;•� , v `•, '� KNOW ALL MEN 8Y'THESE PRESENTS:' GOIINTY AF NUECE5 { 4 . ? . i x ,�• _ , -.: t;. a -• _ ,'� . r '. � .. . *' a 's �{ � t. • - _ - `�' THIN AGREEML'MT'EkYERED INTO 6Y`AND,8ETWEEN THE CJT9 Od CORPUS _ ` CHRISTI, ACTING BY AND THROUGH ITT{ DULY AUTHORIZED CITY $ANAGERy•HERBERT • . W. a•NITRItYS AND PARkilsY GgNERAL INCtf ACTING BY AND THROUGH ITS OULY AUTHORIZED FtiREfI DEN T I WITN£S5ETNO ; WHEREAS, Pi1RKVIEW GENERAL HOSPITAL, 1NC:, HAS MADE APPLICATION— TO THE CITY COUNCIL OF THE CITY OF �,ORPUS'CHOI IfTI FOR REZONING OF, THE EDWIN -- . • E.CONNOR TRACT, ACCORDING TO THE MAW THEREOF -OF RECORD iN VOLUME 27, PAGE 89, MAP f1ECOR0l. or. Nuutf Coumty, TEXAS, FROM "R -IW ONE FAMILY DWELLING DISTRICT 'TO "AD" PROFESSIONAL OFFICE OIXTRICT; AND ; WHEREAS, OUOLIC HEARING HAS BEEN'HEL,D ANC THE CITY COUNCIL HAS ' DENIED SAID ZONING AS'NEQUCSTED BUT IN LIEU THEREOF HAS APPROVED THE ISSUANCE OF A SPECIAL PERMIT, SU9JECT TO CERTAIN CONDITIONS As SET FORTH - IN THE ORDINANCE AUTHORIZING SAID PERMIT; AND . WHEREAS, AMONG THE CONDITIONS IMPOSED by TNt CITT COUNCIL FOR THE 0 RA RTIHO Or A SPECIAL PERMIT Tb PAkKV1Ew GENERAL HOSPITAL, INC., If THE -_ AGREEMENT BY THE HDSPITAL,TO HOLD THE CITY HARMLESS FROM ANY LIABILITY All - THE RESULT OF CONSTRUCTION OVER A SANITARY FILL AND THE AGREEMENT BY THE ' HOSPITAL TO INDEMNIFY THE CITY IN THE EVENT OF ANY LOS} INCURRED BY THE CITY -- AS A RESULT OF SUCH CONSTRUCTIONS •- WW,# THEREfME, BE IT MUTUALLY AGREED THAT FOR AND IN CONSIDERATION ` OF THE •ISSUANCE OF A SPECIAL PERMIT BY THE CITY COUNCIL OF THE CITY OF CORPUS , CHRISTI, TEXAS, 'FOR THE USE AND BENEFIT Or PARKVIEW GENERAL HOSPITAL, INC., -io CONSTRUCT AND OPERATE A CONVALESCENT HOME FACILITY ON THE EDWIk E. CONNOR - - ,TRACT tooTED 114 CORPUS CHR13TO, NUEcr;ll COUNTY, TEXAl, PARKYiEW GENERAL HOSPITAL, INC., HEREBY AGRE96 TO HOLD THE CITY HARMLESS FROM ANY -AND ALL CLAiMSj LOSBES, CAU ;ES OF ACTION AND COSTS RESULTING FROM THE CONSTRUCTION -- OF,A CONVALESCENT HOME FACILITY OVER A SANITARY FfLC� AN6 FURTHER AGREES - - .. + �c .Y •fit.; hr .- . � �' s -' $•s., ,�. � F •'� ,�.'�'' - 3 . �- • - , TO I,NOEMNIFY THE CITY fOR ANY oSt iNCUl1M a1± 4Tl_8 %VIRTUE of -SUCH - CONSTRUCTION. t ;� •�' ,_ . +IT'IS EXPR04Y UNDERSTOOD AND AGREE¢ THAT THE OBLIGATIONS INI!OSED HER901 SHALL 4C A COYENANT'WHICH WILL RUN WITH 'THE {.AND AND at - '. SINOING•ON THE SUCCESSOR'S- AND ASSIGNS OF PARKYIEw GENERAL HOSPITAL,- INC. + WITWS3 OW HANDS THIS THE DAY OF OCTOAER, 1966. ,. <rIT�( or GQRPIfE ^GNRISTI . ATUSTe ' ERDERT QHITNFY ITY- SESRETARY, CITY MANAGER API*#&O AS TO,114AL FORM THt3 , DAY OF OCTOKRs 19661 ITY ATTORNEY PARKvlrwtiE6wm HOSPITAL, INC." ATTESTS ' aY RESIDENT. CRETARY SHE STATE OF`TEXA3 { = COUNTY OF Nt>ECES > KIM M!'f THE'UNDERS(GNED AgvRokITY) ON THIS DAY PERSONALLY APPEARED KAKRT W. WHITNEY, CITY KANAbER Or THE CITY or. CORPUS CHRISTI)' TEXAS, .KNOWN To ,NE TO OC THE PERSON WHOSE NAME IS SUSSCRISEp TO TH£ rQRE-'. 401NG INSUUMENT AND ACKNOWLEDGED TO HE THAT HE EXECUTED THE SAME roR THE PURPOSES AND CONSIDERAVON THEREIN ExPRE9SED, ANA IN THE CAPACITY THEREIN STATED AND A$: THE ACT AND DEED OF *i CITY, '.'GIVEN UNDER !1Y HAND kO SEAL OF OFFIC €j THIS THE DAY,- • Or OcToaER, 1966.' . r - - - • ' ' - . - , NOTARY ROLIC IN AND FOR NUECES COUNTY,' Y .. TcxA; ; THE -STATE OF TEXAS . _COUNTY OF "C£S :. E ME, TH¢ UNDERSIGNED AUTNORITY, ON THIS DAY PERSONALLY AP- , TEAMED - - PRESIDENT Or PARKV14V ' o GENERAL HOSPITAL, INC-,,KNOWN TO NE TO &E THE PERSON AND OFFICER WHOSE { 1VIIME IS SUaSCR1690 TO THE FOREA01AG JNSTIIUNENY•AND ACKNOWLEDGED-Td J1E THAT THE Siwr iA¢ tHE, ACT ;OF THE SAI#I PARKVIEW QENERAL HQSPITXLj -INC.* A CORPOIkAT14;' AND THAT N CT C [XEGUTED THE SAN¢ Af THE A CF *UCH TION FOR T14t ,PURPOSEt AND CONSIOERlATION THERCIM EXPROSER AND IN THE "CAPACITY THEREIN STATER._. 41V€hl {)tIpER MY4HAHp ANOJSEAL OF•OFFIGE�' THIS TH6 oAY or'OrTO-BEO, 1966. t J.,• s �•' - - - - - NOTARY' PUBLIC IN AND FOR UEOES COUNTY)'. ' c _, TExAs CORPUS CHRISTI, TEXAS DAY OF '7 .JQ f 9�e• 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 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, %%0Akel2 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 MCDANIEL RONNIE SIZEMORE WM. H. WALLACE THE ABOVE ORDINANCE WAS PASSED BY THE N I FOLLOWLLOWG VOTE: DR. MCIVER FURMAN°• JACK BLACKMON PATRICK J. DUNNE DR. P. JIMENEZ, JR. KEN MCDANIEL RONNIE SIZEMORE WM. H. WALLACE Y