HomeMy WebLinkAbout08888 ORD - 05/29/1968AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND
ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE
r AN ENCROACHMENT AGREEMENT WITH BERT ROSCOE WHEREBY THE
CITY AGREES TO PERMIT THE SAID BERT ROSCOE TO INSTALL
GAS LIGHTS IN THE CITY RIGHT OF WAY AROUND GASLIGHT
SQUARE IN THE 100 BLOCK OF SANTA FE AT THE INTERSECTION
OF THIRD STREET, IN THE CITY OF CORPUS CHRISTI, SUBJECT
TO THE TERMS AND CONDITIONS SET OUT.IN SAID AGREEMENT,
A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF;
AND DECLARING AN EMERGENCY.
WHEREAS, BERT ROSCOE HAS REQUESTED A REVOCABLE EASEMENT FOR
THE INSTALLATION OF GAS LIGHTS IN THE CITY RIGHT OF WAY AROUND GASLIGHT
SQUARE, IN THE 100 BLOCK OF SANTA FE AT THE INTERSECTION OF THIRD
STREET, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; AND s
WHEREAS, THE ENCROACHMENTS WILL NOT AFFECT CITY UTILITIES:
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY ;i*■
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OF CORPUS CHRISTI, TEXAS:
SECTION 1. THAT THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY
OF CORPUS CHRISTI, BE, AND HE IS HEREBY, AUTHORIZED AND DIRECTED TO
EXECUTE AN ENCROACHMENT AGREEMENT WITH BERT ROSCOE, WHEREBY THE SAID
BERT ROSCOE WILL BE PERMITTED TO INSTALL GAS LIGHTS IN THE CITY RIGHT
OF WAY AROUND GASLIGHT SQUARE, IN THE 100 BLOCK OF SANTA FE AT THE
INTERSECTION OF THIRD STREET, IN THE CITY OF CORPUS CHRISTI, NUECES
COUNTY, TEXAS, SUBJECT TO THE TERMS AND CONDITIONS SET OUT IN SAID
AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF.
SECTION 2. THE NECESSITY FOR EXECUTING THE AGREEMENT DESCRIBED
IN SECTION 1 HEREOF 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, HAVING REQUESTED THE SUSPENSION OF
THE CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE
OF ITS INTRODUCTION AND THAT THIS ORDINANCE TAKE EFFECT AND BE IN FULL
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FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO
ORDAINED, THIS THE 9- F DAY OF MAY, 1968.
ATTEST:
C Y .5E6110 AR AY
THE CITY OF CORPUS CHRISTI, TEXAS
APPROVED:
DAY OF MAY, 1968:
CITY A TO NEY
7/19/68
THE STATE OF TEXAS +
COUNTY OF NUECES
REVOCABLE PERMIT AND AGREEMENT AS TO ENCROACHMENT
WHEREAS, BERT ROSCOE, HEREINAFTER CALLED "PERMITTEE', OWNS
CERTAIN PROPERTY IN THE CITY OF CORPUS CHRISTI, BEING BLOCK 3, BAY
TERRACE ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS,
ADJACENT TO PUBLIC RIGHT OF WAY ON THIRD AND BUFORD STREETS; AND
WEREAS, SAID PERMITTEE PROPOSES TO CONSTRUCT AND MAINTAIN
GAS LIGHTS WHICH WILL EXTEND AND ENCROACH INTO THE PUBLIC RIGHT OF
WAY OF THE ABOVE NAMED STREETS; AND
WHEREAS, THE LOCATION OF SAID GAS LIGHTS WILL IN NO WAY
INTERFERE WITH THE USE OF SAID RIGHT OF WAY BY THE CITIZENS OF THE
CITY OF CORPUS CHRISTI AS A PUBLIC WAY:
NOW, THEREFORE, IN CONSIDERATION Of THE SUN OF ONE DOLLAR
(`1.00) AND OTHER GOOD AND VALUABLE CONSIDERATION, THE CITY Of
CORPUS CHRISTI, ACTING HEREIN BY AND THROUGH ITS DULY AUTHORIZED
CITY MANAGER, R. MARVIN TOWNSEND, HERESY AGREES TO PERMIT AND DOES
PERMIT THE SAID PERMITTEE, HIS HEIRS AND ASSIGNS, TO ERECT AND MAIN-
TAIN GAS LIGHTS WITHIN THE RIGHT OF WAY OF THIRD AND BUFORD STREETS,
ADJACENT TO BLOCK 3, BAY TERRACE ADDITION TO THE CITY OF CORPUS
CHRISTI, NUECES COUNTY, TEXAS, SUBJECT TO THE FOLLOWING CONDITIONS:
1. PERMITTEE AGREES TO INDEMNIFY AND MOLD HARMLESS THE
CITY OF CORPUS CHRISTI FOR ANY AND ALL DAMAGE CAUSED DIRECTLY OR
INDIRECTLY BY REASON OF THE EXISTENCE OR INSTALLATION OF SAID GAS
LIGHTS;
2. THAT SAID GAS LIGHTS WILL BE CONSTRUCTED AN ACCORDANCE
WITH PLANS AND SPECIFICATIONS APPROVED BY THE DIRECTOR OF PUBLIC
WORKS, AND AUTHORIZED UNDER A PLUMBING PERMIT OR PERMITS ISSUED BY
THE CITY BUILDING DIVISION;
3. THAT PERMITTEE AGREES THAT THERE WILL BE NO ADDITION3
OR FURTHER ENCROACHMENTS INTO THE RIGHT OF WAY WITHOUT PRIOR PERMIS-
SION FROM THE CITY;
Ii. THAT PERMITTEE AGREES TO DEMOLISH AND REMOVE SAID GAS
LIGHTS AND APPURTENANCES AT HIS OWN EXPENSE WITHIN THIRTY (30) DAYS
AFTER RECEIVING WRITTEN NOTICE FROM THE CITY MANAGER OR THE DIRECTOR
OF PUBLIC WORKS, DIRECTING THE REMOVAL OF SAID GAS LIGHTS.
5. THAT SAID GAS LIGHTS WILL BE DEMOLISHED OR REMOVED AT THE
EXPENSE Of PERMITTEE IN THE EVENT THAT THE HEREIN DESCRIBED PROPERTY IS
SOLD OR CONVEYED OR TITLE TRANSFERRED OR DIVESTEO FROM PERMITTEE, UNLESS
WRITTEN CONSENT OF THE CITY OF CORPUS CHRISTI BE OBTAINED TO CONTINUE
THE EXISTENCE AND MAINTENANCE Of SAID GAS LIGHTS.
6. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT THE RIGHT
AND PRIVILEJE HEREIN GRANTED MAY BE REVOKED AT ANY TIME BY THE CITY
OF CORPUS CHRISTI.
CITY OF CORPUS CHRISTI
ATTEST:
BY
R. MARVIN TOWNSEND, CITY MANAGER
CITY SECRETARY
APPROVED AS TO LEGAL FORM THIS
THE DAY OF , 196
CITY ATTORNEY
THE STATE OF TEXAS
COUNTY OF NUECES
BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY
APPEARED R. MARVIN TOWNSEND, 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.
GIVIN UNDER MY HAND AND SEAL OF OFFICE THIS THE DAY OF
196 .
NOTARY PUBLIC IN AND FOR NUECES COUNTY,
TEXAS
-2-
THE ABOVE PERMIT IS HEREBY ACCEPTED THIS THE DAY OF
. 196 , BY THE UNDERSIGNED AND SAID PERMITTEE AGREES
TO KEEP AND PERFORM THE CONDITIONS IMPOSED BY THE HEREINABOYE DESCRIBEO
PERMIT AND THAT HE $8 BOUND BY ALL OF THE TERMS Or THE SAME.
BERT ROSCOE
THE STATE Oi TEXAS j
COUNTY OF NUECES ]
BEFORE FED THE UNDERSIGNED AUTHORITY A NOTARY PUBLIC IN AND
FOR NUECES COUNTY TEXAS ON THIS DAY PERSONALLY APPEARED BERT ROSCOE,
KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING
INSTRUMENTS AND ACKNOWLED.]ED TO HE THAT HE EXECUTED THE SAME FOR THE
PURPOSES AND CONSIDERATION THEREIN EXPRESSED.
GIVEN UNDER NY HAND AND SEAL OF OFFICE THIS THE DAY Or
196 .
NOTARY PUBLIC IN AND FOR NUECES
COUNTY TEXAS
CORPUS CHRISTI EXAS
DAY OF 19-Llf
TO THE MEMBERS OF THE CITY C6LINCIL
CORPUS CHRISTI, TEXAS
FOR THE REASONS SET FORTH IN THE EHER:;ENCY 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 RESOLUTIO�1 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
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
/ 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 FOLLO NG VOTE:
JACK R. BLACKMON
RONNIE SIZEMORE aL
V. A. "DICK" BRADLEY, JR.
P. JIMENEZ, JR., M.D.
GABE LOZANO, SR.
KEN MCDANIEL
W. J. "WRANGLER" RDBERTS