The URL can be used to link to this page

Home My WebLink About08872 ORD - 05/22/1968AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A REVOCABLE PERMIT TO THE CORPUS CHRISTI CALLER -TIMES TO OCCUPY A PORTION OF THE PUBLIC RIGHT OF WAY ABUTTING THE EAST SIDE OF THE 800 BLOCK OF NORTH BROADWAY, MORE PARTICULARLY DESCRIBED AS BLOCK 21 BEACH PORTION, CORPUS CHRISTI TOWNSITE, AN ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FOR THE ERECTION AND MAINTENANCE OF A CANOPY SUPPORTED BY MASONRY COLUMNS, ALL AS MORE PARTICULARLY DESCRIBED IN THE REVOCABLE PERMIT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; PROVIDING 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 21, BEACH PORTION CORPUS CHRISTI TOWNSITE, AN ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, WHICH ABUTS THE EAST SIDE OF THE 800 BLOCK OF NORTH BROADWAY 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 BUSINESS 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 INTEFERE 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: 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 THE CORPUS CHRISTI CALLER —TIMES TO ERECT AND CONSTRUCT A CANOPY OVER THE SIDEWALK, SUPPORTED BY MASONRY COLUMNS ON THE SIDEWALK WHICH ABUTS PROPERTY OWNED BY THE FORE- i°'a��J GOING CORPORATION, SUCH PROPERTY BEING BLOCK 213 BEACH PORTION, CORPUS CHRISTI TOWNSITE, 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 Z. THE NECESSITY TO COMMENCE CONSTRUCTION OF THE CANOPY AND SUPPORTING COLUMNS IN CONNECTION WITH THE RENEWAL AND REDEVELOPMENT OF THE BUSINESS LOCATED ON THE ABOVE DESCRIBED PROPERTY CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY ACQUIRING 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 FIN- ALLY 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 ,* A DAY OF MAY, 1968. ATTES Yp �ti THE CITY OF CORPUS CHRISTI, TEXAS CI Y SEC T Y APPROVED: _ 2 L DAY OF_ 1968: CITY ATTORNEY T STATE OF TEXAS COUNTY OF NUECES UIERZAS, THE OWNERS, HERCINAFTCR NAMED, OF CERTAIN PEAL PROPERTY IN THE CITY OF CORPUS CHRISTI HAVE REQUESTED PERt,.issi0fJ TO OCCUPY THC SIDF.- WALT: PORTION OF THE PUOL I C C I BHT OF WAY Oil THE CAST SIDE OF THE C*O DLOCK OF NORTH UROADWAY STREET IN SAID CITY IN THE FURTHERANCE OF A RENLWAL AND Pr- DEVELOPMENT PROGRAM FOR THE DUOINESS LOCATED ADJACENT TO SAID PUU41C RIGHT OF WAY; AND UNEPEAS, THE PROPERTIES AFFECTED AND INVOLVCD IN SUCH REQUEST ARE MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF BLOCK 21,, BEACH PORTION, CORPUS CUR I ST I, TOWNS I TE, AN ADD IT 1014 TO THE CITY OF CORPUS CHRISTI, NUECCS COUNTY, TEXAS, AND EXTEIJDING SOUTH ALONG THE WEST LINE OF SAID PROPERTY FOR A DISTANCE OF APPROXIMATELY 136.2' WIEREAS, SAID OWNERS PROPOSE TO CONSTRUCT AND MAINTAIN A MASO:JRY CANOPY AND SUPPORTING COLUMNS, SUCH CANOPY TO EXTEND FROM THE OUILDINd LOCATED OH THE ABOVE DESCRIBED PROPERTY OVER THE SIDEWALK TO THE NEST; AND 4biEREAS, THE SAID 0AUCHRY CANOPY WILL EXTEND IN WHOLE OR IN PART AND OE SUPPORTED BY 14ASONRY COLLIONS IN PUBLIC RIGHT OF WAY; AND WHEREAS, THE LOCATION OF SAID MASONRY CANOPY AND SUPPORTING MASONRY COLUi -IHS IS MORE PARTICULARLY SHOWN AND DESCRIBED ON THE ATTACHED EXHIBIT WHICH IS HADE A PANT HEREOF FOR ALL PERTINENT PURPOSES; AND VAIEEZAS, THE CITY COUNCIL HAS FOUND AND DETERMINED THAT THE LOCA- TION OF SUCH CANOPY AND COLUIINS WILL 114 NO WAY INTERFERE WITH TAE USE OF 3AID._SIDEWALH OY CITIZENS AS A PUBLIC WAY AND IS NOT INCONSISTENT WITH THE PRIMARY PURPOSE OF SAID SIDEWALK AS A PUBLIC WAY, PROVIDED THE COVDITIONO SET OUT HEREINAFTER ARE FULFILLED AND ADHERED TO: NChly THEREFOPE, IN CONGIDERATIOA OF THE SUM OF ONE DOLLAR Gl .00) ACID THE FURTHERANCE OF A RENEWAL AND DEAUTIFICATION PROGRAM OF THE ABOVE DC5CR1OEO PROPERTY, THE CITY OF CORPUS CHRISTI, ACTING HEREIN BY AND TIHYOUGII ITO DU4Y AUTHORIZED CITY MANAGER, R. MARVIN TowasEHD, HEREINAFTER CALLED • °CITY ", HEREBY' AGREES TO. PERM 17 AND DOES PERMIT THE OWNERS OF THE ABOVE DESCRIBED PROPERTY, HEREINAFTER CALLED "PERMITTEE ", TO ERECT AND MAINTAIN A MASONRY CANOPY SUPPORTED 13Y MASONRY COLUMNS OVER AND WITHIN THE SIDEWALK- , AREA OF THE RIGHT OF WAY OF NORTH BROADWAY STREET WHICH 10 ADJACENT TO THE ABOVE OESCRIBED- (3LOEK; RIO, BEACH PORTION, CORPUS CHRISTI TOWNSiTE, 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 13C NO ADDITIONS, ALTERA- TIONG -OR MODIFICATION OF SAID CANOPY AND SUPPORT COLUMNS..PROPOSEO TO BE CONSTRUCTED AND NO FURTHER ENCROACHMENTS INTO THE RIOHT.OF- WAY WITHOUT 'PRIOR WRITTEN PERMISSION FROM'THE CITY. UNLESS WRITTEN CONSENT OF THE CITY 13E FIRST OBTAINED TO CONTINUE THE EXISTENCE AIID MAINTENANCE OF SAID CANOPY .AND SUPPORT COLUMNS SUCH FACILITY AND STRUCTURE WILL BE DEMOLISHED AND REMOVED AT THE EXPENSE OF PERMITTEE IF'THC HEREIN DESCRIBED PROPERTY 13 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 OLIN EXPENSE WITHIN IJB 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 _PRIVILEuE HEREIN GRANTED MAY BE REVOKED -AT ANY TIME BY THE - CITY - ATTESTi CITY OF CORPUS CFIRIVI BY R. MARVIN TOWNSEND CITY $ECRETARY_�`, CITY MANAGER - APPROVCDi DAY OF 1gb8T CITY ATTORNEY - THE STATE OF'TEXAS j CWJTY Oil WEC£S BEFORE Mo THE UNDERSIGNED AUiuORITYR,ON THIS DAY PkRSOMALLY APPCARCD R. 14A 114 TOMMEND, CITY MANAGER, KNOWN TO III TO BE THE CITY MANA1EB OF THE CITY OF CORPUS,CtmI9TI, TEXAS, AND THE S.A11C- PERSON WHO - SIGNED THE FOR£GOINa INSTRUMENT AND ACKNOWLCMED TO MC -THAT HE CXECUTED THE SAme AS THE ACT OF THE CITY Of CORPUS CHRIST},, Texo, AND AS CITY WtNAi7ER THEREOF FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESBCD.'. , OIVLfJ UNDER M'i HAND AND SEAL OF OFFICE, THIO THE DAY OFMAY —, 1� . NOTARY PUGLIC- IN AND FOR i'JUECES COUNTY, TEXAS THE ABOVE PERMIT 18 HEREBY ACCEPTED THIS Tl �_DAY Of 1368, BY THE DNDERSIUNED, AND SAID PCRMITTeES ADREE TO KEEP AND PERFORM THE CONDITIOUS, If9PUSED BY THE HEREINAOOVE,GESCRIDED -- P$R14ST -AND THAT MY ARE 000idD BY ALt OF THE TERMS. OF THE SAME. .. , I ATTESTS CO.si CHRISTI CALLER-TIMES �! ,(3Y i SECRETARY ME STATE OF TEAS j CC1way OF NUECES LfXORE 1+1E, THE U"iIOERSION €D AUTHORITY, ON, THIS DAY PERSONALLY APPEARED , KNOWN TO ME TO BE THE PERSON WHQSE NAME I3 SuOSCRIOED . TO THE FOREi]01-Nsl. IIJSTP.UHENT, ANO- _ ACKNOW6E03ED TO ME THAT HE EXLCUT£D THE SAb1E FOR THE PURPOSES AND CONSIDERA -- TION'THCREJU EXPRESSED, ANO.IN T11E CAPACITY'THEREIN STATED. it tJIVU4 UNDER W BAND AND SEAL Or OrFICE, THIS THE OF , -"Y - - - MIARY -MULIC lr4 AND FOR MECES- COUNTY, TEXAS r- • TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS • CORPUS CHRISTI, \TEXAS 1A DAY OF , 19/41 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 COUNCILS 1, 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, ` MAYOR av MIA 4 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. GABE LOZANO, SR. KEN MCDANIEL W. J. "WRANGLER" ROBERTS THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING 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