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Home My WebLink About08849 ORD - 04/24/19680 JKH:4 -24 -68 ' ' • AN ORDINANCE AUTHORIZING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONSTRUCTION AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI, GULF TRACTOR COMPANY AND J. R. LOCKE, CONCERNING CONSTRUC- .jION BY GULF TRACTOR COMPANY OF A TEMPORARY CANOPY ON A TRACT OF LAND ADJACENT TO ITS EXISTING FACILITIES ON HIGHWAY 44, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, ALL AS MORE FULLY SET FORTH IN THE CONSTRUCTION AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. 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, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONSTRUCTION AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI, GULF TRACTOR COMPANY AND J. R. LOCKE, CONCERNING CONSTRUCTION BY GULF TRACTOR COMPANY OF A TEMPORARY CANOPY ON A TRACT OF LAND ADJACENT TO ITS EXISTING FACILITIES ON HIGHWAY 44, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, ALL AS MORE FULLY SET FORTH IN THE CONSTRUCTION AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE NECESSITY TO ENTER INTO THE AFORESAID CONSTRUCTION AGREEMENT AT THE EARLIEST POSSIBLE DATE IN ORDER THAT CONSTRUCTION MAY BE BEGUN AT ONCE 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 ORDI- NANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED SUCH PUBLIC EMERGENCY AND NECESSITY TO 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 J,TS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE *DAY OF J 4, 1968. ATTEST- -C c ITY ECRET Y R APPROVED: THE CITY OF CORPUS CHRISTI, TEXAS ay DAY OF ,L_, 68 CITY ATTORNEY h THE STATE OF TEXAS § CONSTRUCTION AGREEMENT COUNTY OF NUECES § This is the memorandum of a construction agreement made and entered into this day of , A. D. 1968, by and between The City of Corpus Christi, Texas, Gulf Tractor Company, and J. R. Locke: WITNESSETH: WHEREAS, Gulf Tractor Company, a retail farm implement and repair company with offices located at 5117 Highway 44, Corpus Christi, Texas, is desirous of constructing a temporary canopy next to its existing leased facilities for the purpose of exhibiting its goods, and WHEREAS, the City of Corpus Christi would normally require Gulf Tractor Company, prior to building said canopy, to: I . Plat the property on which the canopy is to be located (a 190 x 280 feet tract out of Lot 3, Block 8, Russell Farm Tracts), and 2. Comply with all requirements of the Zoning and Planning Commission and the Public Works Department, including but not limited to the installation of an 8 inch water line, and WHEREAS, said canopy is to be a temporary structure to be removed when and if Gulf Tractor Company vacates its present location, and WHEREAS, Gulf Tractor Company is not desirous of further developing said tract outside the limits of existing structures, other than to install said canopy, and WHEREAS, J. R. Locke of Bexor County, Texas, the owner of said tract, is desirous of entering into and being bound by the terns of this agreement for the benefit of his tenant, Gulf Tractor Company, and WHEREAS, the City of Corpus Christi is desirous of issuing a building permit to Gulf Tractor Company for such canopy installation, PROVIDED there will be no further development of said 190x 280 feet tract, outside the limits of existing structures, until an 8 inch water line servicing said tract has been installed, and WHEREAS, Gulf Tractor Company is willing to construct said canopy subject to the foregoing limitations; • NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: In consideration of the premises, the City of Corpus Christi, Texas, acting by and through its undersigned duly authorized representatives, does hereby consent to the issuance of a building permit for the construction of a canopy by Gulf Tractor Company on said 190 x 280 feet tract of land, subject to the following terms and conditions: 1. That said canopy is to be removed in the event Gulf Tractor Company vacates the premises; 2. Gulf Tractor Company wi II not further develop said tract outside the limits of existing structures until an 8 inch water line servicing said tract has been installed, and all platting requirements of the City of Corpus Christi, Texas have been complied with; and 3. In any event all improvements (consisting of a canopy and posts supporting same) described in this agreement shall be removed within:stve years from the date hereof unless a plat has been filed and approved prior to that time. • This contract constitutes a mutual covenant running with the land, and shall inure to the benefit of all parties executing same, and shall bind all future owners in their use of said land, for a period of five (5) years from the date hereof, at which time this agreement shall become null and void. EXECUTED this the day of , A. D. 1968. Attest: City Manager THE CITY OF CORPUS CHRISTI, TEXAS City Secretary ' APPROVED: DAY OF , 1968: City Engineer CITY ATTORNEY THE CITY OF CORPUS CHRISTI, TEXAS ACCEPTED: Gulf Tractor Company By J. R. Locke m THE STATE OF TEXAS § COUNTY OF NUECES § BEFORE ME, the undersigned authority, on this day personally appeared ' City Manager of the City of Corpus Christi, Texas, known to me to 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, in the capacity therein stated, and as the act and deed of said City of Corpus Christi, Texas. 1,966. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 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 of Gulf Tractor Company, known to me to be the person w osT -name is subscribed tote oregoing instrument and acknowledged to me that he executed the some for the purposes and consideration therein expressed, in the capacity therein stated, and as the act and deed of said Gulf Tractor Company. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 1968. Notary Public in and for Nueces County, Texas THE STATE OF TEXAS § COUNTY OF BEXAR § BEFORE ME, the undersigned authority, on this day personally appeared J. R. Locke, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the some for the purposes and consideration therein expressed. 1968. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , Notary Public in and for Bexar County, Texas -3- TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS 0 CORPUS CHRISTI, T AS " DAY OF , 19- A FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN- SION 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; Is THEREFORE, REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI- NANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, I� YOR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JACK R. BLACKMON RONNIE SIZEMORE V. A. "DICK" BRADLEY, JR. P. JIMENEZ, JR., M.D. rZ GABE LOZANO, SR. KEN MCDANIEL W. J. "WRANGLER" ROBERTS THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWI G VOTE: JACK R. BLACKMON RONNIE SIZEMORE V. A. "DICK" BRADLEY, JR. P. JIMENEZ, JR., M.D. GABE LOZANO, SR. KEN MCDANIEL W. J. "WRANGLER" ROBERTS