HomeMy WebLinkAbout09476 ORD - 09/03/1969AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE AND DELIVER, FOR AND ON BEHALF OF THE
CITY OF CORPUS CHRISTI, AN AGREEMENT WITH RUTH
D. WEIL, PROVIDING FOR THE BEAUTIFICATION OF THE
SIDEWALK AREA BY THE INSTALLATION OF SEVEN PLANTER
BEDS IN THE SIDEWALK ALONG THE SOUTH SIDE OF THE
300 BLOCK OF SCHATZEL STREET, FROM CHAPARRAL
STREET TO THE MID -BLOCK TOWARD WATER STREET, A
COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND
MADE A PART HEREOF; AND DECLARING AN EMERGENCY.
WHEREAS, RUTH D. WEIL IS DESIROUS OF BEAUTIFYING THE CURB
LINE OF SCHATZEL STREET, FROM CHAPARRAL STREET TO THE MID -BLOCK TOWARD
WATER STREET BY THE PLANTING OF LIVE, GROWING TREES OR PALMS, IN PLANTER
BOXES AT INTERVALS OF SAID SIDEWALK AREA, AND THE CITY IS AGREEABLE
TO SUCH BEAUTIFICATION PROJECT UPON CONDITION THAT THE CITY ASSUME NO
RESPONSIBILITY AND THE SAID RUTH D. WEIL ASSUMES ALL RESPONSIBILITY
FOR CLAIMS BY REASON OF THE CONSTRUCTION, MAINTENANCE AND EXISTENCE
OF SAID IMPROVEMENTS:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CORPUS CHRISTI, TEXAS:
SECTION 1. THAT THE CITY MANAGER IS HEREBY AUTHORIZED AND
DIRECTED TO EXECUTE AND DELIVER, FOR AND ON BEHALF OF THE CITY OF CORPUS
CHRISTI, AN AGREEMENT WITH RUTH D. WEIL, PROVIDING FOR THE BEAUTIFICATION
OF THE SIDEWALK AREA BY THE PLANTING OF TREES OR PALMS ALONG SCHATZEL
STREET FROM CHAPARRAL STREET TO THE MID -BLOCK TOWARD WATER STREET, A
COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF.
SECTION 2. THE NECESSITY FOR IMMEDIATE EXECUTION OF THE
AGREEMENT AND THE COMMENCEMENT OF THE PLANTING DURING THE PRESENT
PLANTING SEASON CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC
NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDI-
NANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRO-
DUCTION 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
9176
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 ✓ DAY OF SEPTEMBER, 1969.
ATTEST:
0-'t4 t'XAA
CITY SECRETARY Y R ,
THE CITY OF CORPUS CHRISTI, TEXAS
APPROVED:
34 DAY OF SEPTEMBER, ig6g:
/
i'PCl Y ATTORNEY i
THE STATE OF TEXAS
COUNTY OF NUECES
THIS MEMORANDUM OF AGREEMENT MADE AND ENTERED INTO BY AND
BETWEEN RUTH D. WEIL, OF CORPUS CHRISTI, NUECES COUNTY, TEXAS,HEREIN-
AFTER CALLED "OWNER ", AND THE CITY OF CORPUS CHRISTI, TEXAS, A MUNFCIPAL
CORPORATION OF NUECES COUNTY, TEXAS, HEREINAFTER CALLED "CITY ":
W I T N E S S E T H:
WHEREAS, RUTH D. WEIL IS OWNER OF THAT BUILDING ABUTTING
THE SOUTH SIDE OF THE 300 BLOCK OF SCHATZEL STREET AT ITS INTERSECTION
WITH CHAPARRAL STREET; AND
WHEREAS, CITY MAINTAINS ALONG THE CURB LINE OF SCHATZEL
STREET AND CONTIGUOUS TO THE ABOVE DESCRIBED PROPERTIES, PARKING
METERS FOR THE CONTROL OF THE PARKING OF AUTOMOTIVE VEHICLES, WHICH
PARKING METERS ARE TO REMAIN IN PLACE, ENABLING THE MOTORING PUBLIC
TO USE THE PARKING SPACES ADJACENT THERETO; AND
WHEREAS, OWNER IS DESIROUS OF BEAUTIFYING THE SIDEWALK AREA
BY THE INSTALLATION OF SEVEN PLANTER BEDS IN THE SIDEWALK ALONG THE
SOUTH SIDE OF THE 300 BLOCK OF SCHATZEL STREET, FROM CHAPARRAL STREET
TO THE MID -BLOCK TOWARD WATER STREET, SAID PLANTER BEDS OR BOXES TO BE
APPROXIMATELY 3' X 5' IN SIZE, EDGED IN BRICK AND FLUSH AGAINST THE
SIDEWALK AND ADJACENT TO THE CURB, AND TO HAVE PLANTED THEREIN LIVE,
GROWING TREES OR PALMS, THE PLANTING OF WHICH WILL REQUIRE THE REMOVAL
OF PORTIONS OF THE PAVED SIDEWALK AREA, AND THE EXCAVATION AND ENCASING
OF-PLANTING WELLS FOR THE SUPPORT OF SUCH TREES, ALONG SCHATZEL STREET
CONTIGUOUS TO OWNERS BUILDING:
NOW, THEREFORE, KNO14 ALL MEN BY THESE PRESENTS: THAT OWNER
AND CITY HAVE AND DO MUTUALLY AGREE AS FOLLOWS:
OWNER WILL CAUSE EXCAVATION TO BE MADE.IN THE SIDEWALK ALONG
SCHATZEL STREET OF PLANTING BOXES OR WELLS APPROXIMATELY 3' X 5', EDGED
IN BRICK AND FLUSH AGAINST THE SIDEWALK AND ADJACENT TO THE CURB, LOCATED
APPROXIMATELY AS SHOWN ON THE ATTACHED DRAWINGS WHICH WELLS DURING THE
EXCAVATION, CONSTRUCTION, AND PLANTING PERIOD WILL EITHER BE COVERED
OR PROTECTED TO PRECLUDE THE GENERAL PEDESTRIAN TRAFFIC FROM FALLING
INTO ANY SUCH EXCAVATIONS. THAT WHERE THE SIDEWALK IS REMOVED TO
ACCOMMODATE THE PLANTING WELLS, THE WELL EDGES SHALL BE SMOOTH AND FLUSH
' WITH THE SURFACE OF THE SIDEWALK SO THAT THERE WILL BE NO UNEVEN AREAS.
THAT IMMEDIATELY UPON EXCAVATION OF SUCH PLANTING WELLS AND PROGRESSIVELY
AS SUCH WELLS ARE CONSTRUCTED, GROWING TREES OR PALMS WILL BE TRANS-
PLANTED THEREIN, WHICH SHALL BE FREE OF FOLIAGE AND/OR BRANCHES BELOW
A SIX AND ONE -HALF FEET (6 -112I) PEDESTRIAN CLEARANCE FROM THE SURFACE
OF THE SIDEWALK AND THE PLANTING WELLS SHALL BE COMPLETED BY PLANTING
WITH LOW SHRUBS OR FLOWERS AND/OR FILLING UNPLANTED AREAS WITH PEBBLES,
AS-MAY BE DESIRED BY OWNER. THAT, THEREAFTER, OWNER SHALL MAINTAIN
SUCH TREES AND SHRUBS, AND FLOWERS AND THE AREAS IN WHICH THEY ARE
LOCATED IN AN ORDERLY, CLEAN, WELL - TRIMMED AND WELL -KEPT MANNER AND,
FAILING SO TO DO, CITY SHALL HAVE IML miumT TO HAirviwiN THE ;N' AN
ORDERLY, CLEAN, WELL - TRIMMED, AND WELL -KEPT MANNER AT THE SOLE
EXPENSE OF OWNER. PROVIDED, HOWEVER; THAT IN THE EVENT OWNER ELECTS TO
ABANDON SUCH PROJECT AT ANY TIME IT MAY DO SOS IN WHICH EVENT IT WILL
i
RESTORE THE SIDEWALK AREA TO AS REASONABLY GOOD CONDITION AS THE CON-
TIGUOUS SIDEWALK AREA THERETOI IT BEING INTENDED THAT CITY MAY NOT
MAINTAIN THE PROJECT AT THE EXPENSE OF OWNER IF OWNER ELECTS TO ABANDON
THE PROJECT. ANY TREES OR PALMS DYING SHALL EITHER BE REPLANTED PROMPTLY
OR THE LOCATION SHALL BE ABANDONED AND THE SIDEWALKS REPAIRED IN A GOOD,
WORKMANLIKE MANNER COMMENSURATE WITH THE CONTIGUOUS SIDEWALK AREA.
EXCEPT AS HEREINAFTER PROVIDED, CITY GRANTS TO OWNER ITS
PERMISSION TO CONSTRUCT AND MAINTAIN SUCH PLANTED AREA FOR A TERM
DETERMINABLE BY OWNER. PROVIDED, HOWEVER, THAT THE PERMISSION HEREIN
GRANTED BY CITY SHALL NOT BE DEROGATION OF THE CITY CHARTER AND SUCH
PERMISSION IS GRANTED FOR A TERM CO- EXTENSIVE WITH THE MAXIMUM PERIOD
PERMITTED BY THE CITY CHARTER WITHOUT THE CALLING OF AN ELECTION.
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IN CONSIDERATION FOR THE CITY'S HAVING GRANTED THE FOREGOING
PERMISSION, OWNER AGREES TO HOLD CITY FREE AND CLEAR OF ANY AND ALL
CLAIMS ARISING OUT OF THE BEAUTIFICATION PROJECT AND RESULTING IN THE
INJURY TO ANY PERSON OR PERSONS OR THE DAMAGE TO ANY PROPERTIES. OWNER
FURTHER AGREES, AT ITS EXPENSE, TO DEFEND CITY IN ANY SUCH PERSONAL
INJURY OR PROPERTY DAMAGE CLAIMS AND TO REPAY ANY DAMAGE ARISING FROM
SUCH CLAIMS, OR TO REIMBURSE CITY FORTHWITH FOR ANY MONIES WHICH IT MAY
BE CALLED UPON TO PAY BY REASON OF ANY SUCH CLAIMS. PROVIDED, FURTHER,
THAT CITY MAY AT ITS ELECTION AND AT THE SOLE COST AND EXPENSE OF OWNER
REMOVE ALL TREES OR PALMS PLANTED, OR OTHER VEGETATION PLANTED AS
PROVIDED FOR IN THIS AGREEMENT, AND REPAIR SUCH SIDEWALKS IN A UNIFORM
MANNER, WITHOUT FURTHER NOTICE, AT SUCH TIME AS OWNER SHOULD RELINQUISH
OWNERSHIP OF SAID BUILDING. PROVIDED, FURTHER, AND ON OR BEFORE THE
EXECUTION OF THIS AGREEMENT ON BEHALF OF CITY, OWNER SHALL FURNISH TO
CITY AN INSURANCE CERTIFICATE ISSUED BY A REPUTABLE, RESPONSIBLE AND
RECOGNIZED INSURANCE COMPANY, SHOWING THAT OWNER IS INSURED AND THAT
CITY IS CO- INSURED TO AN EXTENT OF NOT LESS THAN $100,000 TO $300,000
IN PUBLIC LIABILITY - BODILY INJURY; OF NOT LESS THAN $10,000 PUBLIC
LIABILITY - PROPERTY DAMAGE; OF NOT LESS THAN $100,000 TO $500,000
GENERAL OR COMPREHENSIVE GENERAL LIABILITY - BODILY INJURY; AND NOT
LESS THAN $50,000 GENERAL OR COMPREHENSIVE GENERAL LIABILITY - PROPERTY
DAMAGES WHICH INSURANCE COVERAGE SHALL BE MAINTAINED IN LIKE MANNER
COVERING BOTH OWNER AND CITY FOR SO LONG AS THE PLANTED AREAS ABOVE
PROVIDED FOR ARE MAINTAINED.
NOTICE TO VACATE AND RESTORE SIDEWALK AT.OWNER'S EXPENSE, AS
SET FORTH ABOVE, MAY BE GIVEN BY THE CITY IN WRITING TO OWNER AND MUST
BE COMPLIED WITH WITHIN THIRTY (30) DAYS.
ATTEST:
CITY SECRETARY
APPROVED:
Jr DAY OF SEPTEMBER, 1969:
CITY ATTORNEY
RUTH D. WEIL
OWNER
CITY OF CORPUS CHRISTI
BY
R. MARVIN TOWNSEND, CITY MANAGER
CITY
#;5"♦ t - - ..- - _ -- - _ _ •..F,_;+r�:S;F.�y ^• -• -_- -S"'33 Y`4tik�,.�' •n �Y.'n'
Corpus Cnristi, as /
- day of 19./9
TO THE MMBERS OF THE CITY COUNCIL l
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 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 presene meeting of the
City Council.
Respectfully,
T OR
THE CITY OF CORPUS CHRISTI, TEXAS
The Charter rule was suspended by the flowing vote:
Jack R. Blackmon
Gabe Lozaao, Sr.
V. A. "Dick" Bradley, Jr.
Eduardo E. de Ases
Ken McDaniel
W. J• "Wrangler" Roberts
Ronnie Sizemore
The above ordinance was passed by the following vote:
Jack R. Blackmon
Gabe Lozano, Sr.
V. A. "Dick" Bradley, Jr.
Eduardo E. de Ases
Ken McDaniel
W. J. 'Wrangler" Roberts
Ronnie Sizemore
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