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HomeMy WebLinkAbout09002 ORD - 08/28/1968JKH:8-28-68 � 1 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A REVOCABLE PERMIT TO SECHRIST -HALL COMPANY WHEREBY SAID COMPANY MAY UTILIZE FIVE AND ONE -HALF FEET OF THE PUBLIC RIGHT OF WAY ALONG OMAHA DRIVE FOR PRIVATE PARKING PURPOSES AND TO LANDSCAPE THE REMAINING PORTION OF THE PARKWAY, ALL AS MORE FULLY SET FORTH IN THE REVOCABLE PERMIT, 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 AND DIRECTED TO EXECUTE, FOR AND ON BEHALF OF THE CITY OFCORPUS CHRISTI, A REVOCABLE PERMIT TO SEHCRIST -HALL COMPANY WHEREBY SAID COMPANY MAY UTILIZE FIVE AND ONE -HALF FEET OF THE PUBLIC RIGHT OF WAY ALONG OMAHA DRIVE FOR PRIVATE PARKING PURPOSES AND TO LANDSCAPE THE REMAINING PORTION OF THE PARKWAY, AS MORE FULLY DESCRIBED ON THE SITE PLAN, ATTACHED HERETO AS EXHIBIT "A ", AND AS SET FORTH IN THE REVOCABLE PERMIT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE NECESSITY FOR MAKING THE AREA DESCRIBED IN SAID REVOCABLE PERMIT IMMEDIATELY AVAILABLE FOR THE PURPOSES OUTLINED THEREIN 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 MSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE 28TH DAY OF AUGUST, 1968. ATT / . * ��7 TlfY Y R THE CITY OF CORPUS CHRISTI, TEXAS AP�RSIED: �dCC DAY OF UST, 196B: /- C Y ATT RNEY 9002 REVOCABLE PERMIT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES THAT THE CITY OF CORPUS CHRISTI, ACTING BY AND THROUGH ITS DULY AUTHORIZED CITY MANAGER, R. MARVIN TOWNSEND, FOR AND IN CONSIDERATION OF THE SUM OF ONE DOLLAR ($1.00) TO IT IN HAND PAID BY SECHRIST —HALL COMPANY, OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, THE RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED AND CONFESSED, HAS GRANTED, SOLD AND CONVEYED AND BY THESE PRESENTS DOES GRANT, SELL AND CONVEYS UPON THE CONDITIONS HEREINAFTER STATED, UNTO THE SAID SECHRIST —HALL COMPANY THE RIGHT TO CONSTRUCT AND MAINTAIN A PAVED SURFACE AUTOMOBILE PARKING AREA IN THE PUBLIC RIGHT OF WAY AND ALSO DEVELOP AND MAINTAIN THE REMAINING PORTION OF THE PARKWAY ALONG OMAHA DRIVE IN FRONT OF THE OPFICE AND WAREHOUSE PROPERTY OF THE SAID SECHRIST —HALL COMPANY, SAID IMPROVEMENTS TO BE MADE IN SUBSTANTIAL COMPLIANCE WITH THE SITE PLAN ATTACHED HERETO AND MADE A PART HEREOF FOR MORE COMPLETE DESCRIPTION. TO HAVE AND TO HOLD THE SAME UNTO THE SAID SECHRIST —HALL COMPANY ITS SUCCESSORS AND ASSIGNS, TOGETHER WITH THE RIGHT AND PRIVILEGE UNDER THE CONDITIONS AND TERMS HEREOF, AT ANY TIME AND ALL TIMES TO ENTER UPON THE ABOVE DESCRIBED RIGHT OF WAY FOR THE PURPOSE OF DEVELOPING AND MAINTAINING SAID PARKING AREA AND PARKWAYS AND IT IS FURTHER UNDERSTOOD THAT THE FORE- GOING EASEMENT AND RIGHT IS GRANTED UPON THE FOLLOWING CONDITIONS: (A) IT IS UNDERSTOOD AND AGREED THAT THE EASEMENT HEREBY GRANTED MAY BE REVOKED AT ANY TIME BY THE CITY OF CORPUS CHRISTI. (8) THAT THE GRANTEE WILL SAVE AND KEEP HARMLESS THE CITY FROM ANY AND ALL CLAIMS FOR LIABILITY BY REASON OF THE IMPROVEMENT, USE OF AND MAINTENANCE OF SAID RIGHT OF WAY FOR PARKING AND PARKWAY PURPOSES. (C) THAT THE USE OF SAID AREA HEREBY GRANTED SHALL IN NO WAY INTER- FERE WITH THE OPERATION BY THE CITY OF ANY UTILITY LINES OR THE MAINTENANCE THEREOF. (0) THAT GRANTEE WILL, BEFORE OR COINCIDENT WITH ANY IMPROVEMENT OR USE OF SAID AREA CONSTRUCT A CURB PARALLEL TO AND IN FRONT OF THE s y REVOCABLE PERMIT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES THAT THE CITY OF CORPUS CHRISTI, ACTING BY AND THROUGH ITS DULY AUTHORIZED CITY MANAGER, R. MARVIN TOWNSEND, FOR AND IN CONSIDERATION OF THE SUM OF ONE DOLLAR ($1.00) TO IT IN HAND PAID BY SECHRIST —HALL COMPANY, OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, THE RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED AND CONFESSED, HAS GRANTED, SOLD AND CONVEYED AND BY THESE PRESENTS DOES GRANT, SELL AND CONVEYS UPON THE CONDITIONS HEREINAFTER STATED, UNTO THE SAID SECHRIST —HALL COMPANY THE RIGHT TO CONSTRUCT AND MAINTAIN A PAVED SURFACE AUTOMOBILE PARKING AREA IN THE PUBLIC RIGHT OF WAY AND ALSO DEVELOP AND MAINTAIN THE REMAINING PORTION OF THE PARKWAY ALONG OMAHA DRIVE IN FRONT OF THE OPFICE AND WAREHOUSE PROPERTY OF THE SAID SECHRIST —HALL COMPANY, SAID IMPROVEMENTS TO BE MADE IN SUBSTANTIAL COMPLIANCE WITH THE SITE PLAN ATTACHED HERETO AND MADE A PART HEREOF FOR MORE COMPLETE DESCRIPTION. TO HAVE AND TO HOLD THE SAME UNTO THE SAID SECHRIST —HALL COMPANY ITS SUCCESSORS AND ASSIGNS, TOGETHER WITH THE RIGHT AND PRIVILEGE UNDER THE CONDITIONS AND TERMS HEREOF, AT ANY TIME AND ALL TIMES TO ENTER UPON THE ABOVE DESCRIBED RIGHT OF WAY FOR THE PURPOSE OF DEVELOPING AND MAINTAINING SAID PARKING AREA AND PARKWAYS AND IT IS FURTHER UNDERSTOOD THAT THE FORE- GOING EASEMENT AND RIGHT IS GRANTED UPON THE FOLLOWING CONDITIONS: (A) IT IS UNDERSTOOD AND AGREED THAT THE EASEMENT HEREBY GRANTED MAY BE REVOKED AT ANY TIME BY THE CITY OF CORPUS CHRISTI. (8) THAT THE GRANTEE WILL SAVE AND KEEP HARMLESS THE CITY FROM ANY AND ALL CLAIMS FOR LIABILITY BY REASON OF THE IMPROVEMENT, USE OF AND MAINTENANCE OF SAID RIGHT OF WAY FOR PARKING AND PARKWAY PURPOSES. (C) THAT THE USE OF SAID AREA HEREBY GRANTED SHALL IN NO WAY INTER- FERE WITH THE OPERATION BY THE CITY OF ANY UTILITY LINES OR THE MAINTENANCE THEREOF. (0) THAT GRANTEE WILL, BEFORE OR COINCIDENT WITH ANY IMPROVEMENT OR USE OF SAID AREA CONSTRUCT A CURB PARALLEL TO AND IN FRONT OF THE PROPERTY OF THE SAID SECHRIST -HALL. THE CITY ENGINEER SHALL INSPECT ANY ~ PLANS AND SPECIFICATIONS FOR SAID CURB AND SHALL NOT PERMIT SAID CURB TO BE CONSTURCTED UNLESS TO PROPER CITY STANDARDS. (E) THE USE BY THE GRANTEE SHALL BE LIMITED TO lHE PARKING OF AUTOMOBILES AND MOTOR VEHICLES WHERE DESIGNATED, AND THE REMAINING PORTION TO BE USED FOR PARKWAY PURPOSES. - IN TESTIMONY WHEREOF, THE CITY OF CORPUS CHRISTI, TEXAS, HAS CAUSED THESE PRESENTS TO BE EXECUTED THIS THE DAY OF AUGUST, 1968. ATTEST: CITY OF CORPUS CHRISTI, TEXAS CITY SECRETARY By R. MARVIN TOWNSEND APPROVED: CITY MANAGER DAY OF AUGUST, 1968: THE STATE OF TEXAS 9 COUNTY OF NUECES a BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED R. MARVIN TOWNSEND, KNOWN TO ME TO BE THE CITY MANAGCR OF THE - CITY OF CORPUS CHRISTI, TEXAS, AND THE SAME PERSON WHO SIGNED THE FORE- GOING 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 CONSIDERATIONS THEREIN EXPRESSED. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY OF AUGUST, 1968. NOTARY PUBLIC IN AND FOR NUECES COUNTY, TEXAS.' THE ABOVE GRANT AND EASEMENT IS HEREBY ACCEPTED THIS THE DAY OF 1965, BY THE SAID SECHRIST -HALL COMPANY, AND SAID COMPANY AGREES TO KEEP AND PERFORM THE CONDITIONS IMPOSED BY SAID GRANT AND EASEMENT AND THAT IT IS BOUND BY ALL OF THE TERMS OF THE SAME. SECHRIST -HALL COMPANY ATTEST: BY SECRETARY -2- - - . THE STATE OF TEXAS COUNTY OF NUECES +} BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED KNOWN TO ME TO BE THE PERSON WHO SIGNED THE ABOVE INSTRUMENT AND HE ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME FOR THE PURPOSES AND CONSIDERA- TION THEREIN EXPRESSED, AND IN THE CAPACITY OF GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY OF 1968. NOTARY PUBLIC IN AND FOR NUECES COUNTY, TEXAS t . t f i 1 1 i i t I ' I ' t c, CORPUS CHRISTI, TEXAS ,/� DAY OF �� 1 o p/ / TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS 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 t1EETINGS 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 1S INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, YOR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JACK R. BLACKMON - r 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 ,(J W. J. "WRANGLER" ROBERTS . 4 I . "