HomeMy WebLinkAbout09495 ORD - 09/24/1969AN ORDINANCE
AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS
.CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937,
APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ,
OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED
FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY
ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF
F. L. BECK AND L. D. PATTON, BY AMENDING THE ZONING
MAP BY CHANGING THE ZONING ON TRACTS A, B, C, AND D,
OUT OF LOT 4, LOKEY ADDITION, LOCATED ON THE SOUTH
SIDE OF THE 5900 BLOCK OF HOLLY ROAD, IN THE CITY OF
CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "F -R"
FARM -RURAL DISTRICT TO "1 -2" LIGHT INDUSTRIAL DISTRICT;
KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING
ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CON -
FLICT HEREWITH; AND DECLARING AN EMERGENCY.
WHEREAS, THE ZONING AND PLANNING COMMISSION HAS FORWARDED TO s
THE CITY COUNCIL ITS REPORTS AND RECOMMENDATIONS CONCERNING THE APPLICA-
TION OF F. L. BECK AND L. D. PATTON FOR AMENDMENT TO THE ZONING MAP OF
THE CITY OF CORPUS CHRISTI; AND
WHEREAS, PUBLIC HEARING WAS HELD AT WHICH HEARING ALL PERSONS
WISHING TO APPEAR AND BE HEARD WERE HEARD, TO CONSIDER THE SAME BEFORE
THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, IN ACCORDANCE WITH PROPER
NOTICE TO THE PUBLIC, SAID PUBLIC HEARING HAVING BEEN HELD ON JUNE 231
1969, AT SPECIAL COUNCIL MEETING OF THE CITY COUNCIL IN THE COUNCIL
•t; CHAMBER AT CITY HALL IN THE CITY OF-CORPUS CHRISTI; AND
"+ WHEREAS, BY MOTION DULY MADE, SECONDED AND CARRIED, IT WAS R•
DECIDED BY THE CITY COUNCIL THAT TO APPROVE THE HEREINAFTER SET FORTH
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AMENDMENT WOULD BEST SERVE PUBLIC HEALTH, NECESSITY AND CONVENIENCE AND
THE GENERAL WELFARE OF THE CITY OF CORPUS CHRISTI AND ITS CITIZENS:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION I. THAT THE ZONING ORDINANCE OF THE CITY OF CORPUS
CHR:ST1, TEXAS, PASSED ON THE 27TH DAY OF AUGUST, 19371 APPEARING OF
RECORD IN VOLUME 9, PAGES 565, ET SEQ, OF THE ORDINANCE AND RESOLUTION
RECORDS, AS AMENDED FROM TIME TO TIME, AND IN PARTICULAR AS AMENDED
BY ORDINANCE No. 6106, AS AMENDED, BE AND THE SAME IS HEREBY AMENDED
BY MAKING THE CHANGE HEREINAFTER SET OUT.
1� SECTION 2. THAT THE ZONING OF TRACTS A, B, C AND D, OUT OF
LOT 4, LOKEY ADDITION, LOCATED ON THE SOUTH SIDE OF THE 5900 BLOCK OF
HOLLY ROAD BE, AND THE SAME IS HEREBY, CHANGED FROM "F -R" FARM -RURAL
DISTRICT TO "1 -2" LIGHT INDUSTRIAL DISTRICT.
SECTION 3. THAT THE OFFICIAL ZONING MAP OF THE CITY OF
CORPUS CHRISTI, TEXAS BED AND THE SAME 15 HEREBY AMENDED AS HEREIN
ORDAINED.
SECTION 4. THAT THE ZONING ORDINANCE AND MAP OF THE CITY OF
CORPUS CHRISTI, TEXAS, APPROVED ON THE 27TH DAY OF AUGUST, 1937, AS
AMENDED FROM TIME TO TIME, EXCEPT AS HEREIN CHANGED, SHALL REMAIN IN
FULL FORCE AND EFFECT. '
SECTION 5. THAT ALL ORDINANCES OR PARTS OF ORDINANCES IN CON-
FLICT HEREWITH ARE HEREBY EXPRESSLY REPEALED.
SECTION 6. THAT THE NECESSITY OF IMMEDIATELY MAKING THE AFORE-
SAID CHANGE FOR THE PURPOSE OF MAINTAINING AT ALL TIMES A C014PREHENSIVE
ZONING ORDINANCE FOR THE CITY OF CORPUS CHRISTI, CREATES A PUBLIC EMER-
GENCY 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, AND HAVING
REQUESTED THE SUSPENSION OF THE CHARTER RULE AND THAT THIS ORDINANCE BE
PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN
FULL FORCE AND EFFECT FROG 9ND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO
ORDAINED, THIS THE DAY OF SEPTEMBER,,1969.
ATTEST:
CITY SECRETARY MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
APPROVED:
/ 0 DAY OF SEPTEMBER, 1969:
�� -
CITY A O NEY
Corpus
�� Christi, as
�i`fwCd'ay of 19-
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 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,
Y
THE CITY OF CORPUS CHRISTI, TEXAS
The Charter rule was suspended by th owing vote:
Jack R. Blackmon
Gabe Lozano, 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 foil ing vote:
Jack R. Blackmon
Gabe Lozano, Sr.
V. A. "Dick" Bradley, Jr. ,
Eduardo E. de Ases
Ken McDaniel
W. J. "Wrangler" Roberts
Ronnie Sizemore
That the foregoing ordinance was ead for the t i e and
passf4-to its second reading on this the day of
19 41 by the following vote:
Jack R. Blackmon
Gabe Lozano, Jr.
> V. A. "Dick" Bradley, Jr.
Eduardo E. de Ases
Ken McDaniel
W. J. "Wrangler" Roberts
Ronnie Sizemore
That the foregoing ordinance was r
to its third reading on this the day of
by the following vote:
passed
19 ,
Jack R. Blackmon
Gabe Lozano, SrKes
V. A. "Dick" Br
Eduardo E. de A
M ieI f _
' rangler" R�\heY6.
ie Sizemore \ I
That the foregoing ordinance was read for the third time and passed
finally on this the day of 19 , 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
PASSED AND APPROVED, this the _
ATTEST:
, 19 _
City Secretary MAYOR
APPROVED AS TO LEGAL FORM THIS THE THE CITY OF CORPUS CHRISTI, TEXAS
_ DAY OF , 19_
City Attorney
IWC:vMP:9 /12/69
THE STATE OF TEXAS t
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF NUECES i
THAT CHARLES W. FLETCHER, OF THE COUNTY OF BEXAR, STATE OF TEXAS,
AS OWNER OF THE HEREINAFTER - DESCRIBED TRACT OF LAND, AND L. D. PATTON AND
F. L. BECK, OF THE COUNTY OF NUECES, STATE OF TEXAS, AS PURCHASERS UNDER A
CERTAIN CONTRACT OF SALE DATED APRIL 24, 1969, PERTAINING TO THE HEREINAFTER -
DESCRIBED TRACT, TO- WIT:
LOT "D ", LOT No. FOUR (4), LOKEY SUBDIVISION OF PART
OF SECTION 12, FLOUR BLUFF AND ENCINAL FARM AND GARDEN
TRACTS, NUECES COUNTY, TEXAS, BEING FIVE (5) ACRES OF
LAND, MORE OR LESS,
DO HEREBY BIND THEMSELVES, AS THE FEE OWNERS OF THE SAID TRACT OF LAND, AND DO
HEREBY IMPRESS ALL OF SUCH LAND WITH THE FOLLOWING RESTRICTIONS:
1. NO BUILDINGS OR OTHER IMPROVEMENTS SHALL BE ERECTED OR CONSTRUCTED
UPON ANY PART OF THE ABOVE - DESCRIBED LANDS OR ANY OPEN STORAGE PERMITTED THEREON
IINIFSS THE OWNER THEREOF SHALL FIRST HAVE PROVIDED A STANDARD SCREENING FENCE,
TO BE NOT LESS THAN SEVEN (7) FEET IN HEIGHT, OR SUCH OTHER FENCE AS IS
APPROVED BY THE PLANNING DEPARTMENT OF THE CITY OF CORPUS CHRISTI, ON OR NEAR
THE SOUTHEASTERLY BOUNDARY OF SAID TRACT SO AS TO SCREEN SUCH BUILDINGS AND
IMPROVEMENTS FROM THE ADJOINING PROPERTY SITUATED DIRECTLY ACROSS SUCH SOUTH-
EASTERLY BOUNDARY LINE FROM THE BUILDINGS AND IMPROVEMENTS TO BE CONSTRUCTED.
PROVIDED, HOWEVER, THAT SUCH SCREENING FENCE OR PORTIONS OF SAID
FENCE SHALL BE CONSTRUCTED ONLY AS ABOVE - DESCRIBED LAND IS DEVELOPED AND
IMPROVED. IF SAID TRACT OF LAND IS bEVELOPED AND IMPROVED IN STAGES, SAID
SCREENING FENCE SHALL LIKEWISE BE CONSTRUCTED TO COINCIDE WITH THE ERECTION
AND CONSTRUCTION OF BUILDINGS AND IMPROVEMENTS OR ANY OPEN STORAGE LOCATED
UPON THE ABOVE- DESCRIBED PROPERTY, AND WHEN SAID SCREENING FENCE IS CONSTRUCTED
IN STAGES IT SHALL EXTEND NOT LESS THAN TWENTY -FIVE FEET (251) BEYOND THE
FARTHEST EXTREMITY OF ANY LOT BEING SO USED, AND IN THE EVENT OF ERECTION OR
CONSTRUCTION OF A BUILDING OR IMPROVEMENT OR OPEN STORAGE ON AN INTERIOR
PORTION OF SAID TRACT OF LAND WHICH IS ADJACENT TO THE SOUTHEASTERLYBOUNDARY,
SUCH SCREENING FENCE SHALL EXTEND NOT LESS THAN TWENTY -FIVE (25) FEET FROM
EITHER EXTREMITY OF ANY SUCH LOT BEING SO USED.
2. THAT A 20 -FOOT SETBACK BE REQUIRED FOR THE MAIN STRUCTURES
ALONG AND NEXT TO THE SOUTHEAST PROPERTY LINE.
3. ANY RAILWAY SPUR TRACK WHICH MAY BE LOCATED UPON SAID TRACT OF
LAND DESCRIBED HEREIN AND WHICH WOULD ENTER THE NORTHEASTERLY BOUNDARY OF.
ISAID TRACT, SHALL NOT ENTER SAID TRACT OF LAND FROM THE SOUTHEASTERLY DIREC-
TION, BUT SHALL ENTER SAID TRACT FROM THE NORTHWESTERLY DIRECTION, EXCEPT
THAT IF THE RAILWAY COMPANY NOTIFIES THE CITY AND OWNERS OF THE PROPERTY IN
I '
WRITING OF THEIR REFUSAL TO ENTER THE SPUR TRACK FROM THE NORTHWESTERLY
DIRECTION, THE OWNERS THEN MAY OBTAIN RAIL SERVICE IN ANY MANNER WHICH THEY
CAN ARRANGE FOR SAID RAIL SERVICE.
4. IF ALL OR ANY PORTION OF THE ABOVE - DESCRIBED LANDS SHALL HERE-
AFTER BE APPROVED FOR THE ZONING CHANGE FROM AN "1 -2" CLASSIFICATION TO A
MORE RESTRICTIVE CLASSIFICATION, THEN THESE RESTRICTIONS SHALL BECOME NULL
AND VOID AS TO THE PROPERTY SO REZONED.
5. THESE RESTRICTIONS AND COVENANTS ARE HEREBY DECLARED TO BE
COVENANTS RUNNING WITH THE LAND, AND SHALL BE FULLY BINDING UPON ALL PERSONS
ACtlV!R!NS ALL OR ANY PORTION OF SA!D TRACT OF LAND, AND SHALL eE B!ND!NG FOR
A PERIOD OF TWENTY -FIVE (25) YEARS FROM THE DATE HEREOF, OR SO LONG AS THE
PROPERTY ADJACENT TO THE SOUTHEASTERLY BOUNDARY LINE OF THE ABOVE- DESCRIBED
TRACT IS USED FOR RESIDENTIAL PURPOSES, WHICHEVER IS LESS.
6. IF THE PARTIES HERETO, OR THEIR HEIRS, SUCCESSORS OR ASSIGNS,
SHALL VIOLATE OR ATTEMPT TO VIOLATE ANY OF THE COVENANTS HEREIN, IT SHALL BE
LAWFUL FOR THE CITY OF CORPUS CHRISTI, OR ANY PERSON OR PERSONS OWNING ANY
REAL PROPERTY SITUATED WITHIN SUCH TRACT OF LAND, TO PROSECUTE ANY PROCEEDING
AT LAW OR IN EQUITY AGAINST THE PERSON OR PERSONS VIOLATING OR ATTEMPTING TO
VIOLATE SUCH COVENANT, AND EITHER PREVENT HIM OR THEM FROM SO DOING, OR TO
RECOVER DAMAGES OR DUES FOR SUCH VIOLATIONS.
7. THE TERMS OF THIS INSTRUMENT SHALL EXTEND TO THE SUCCESSORS AND
ASSIGNS OF EVERY KIND OF CHARLES W. FLETCHER, L. D. PATTON AND F. L. BECK,
AND ALL WHO ARE OR MAY BECOME OWNERS OF ALL OR ANY PART OF SAID LANDS.
EXECUTED AT CORPUS CHRISTI, TEXAS, ON THIS THE /5 OF
i969.
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<<�� /a CHARLES W. FLETCHER
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L. D. PATTON
F. L. BECK ^
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THE STATE OF TEXAS j
COUNTY OF NUECES j
BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY
APPEARED F. L. BECK, KNOWN TO ME TO BE 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.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS THE DAY OF
1969.
NOTARY PUBLIC, NUECES COUNTY, TEXAS
THE STATE OF TEXAS j
COUNTY OF NUECES j
BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY
APPEARED L. D. PATTON, KNOWN TO ME TO BE 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.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS THE DAY OF
1969.
. NOTARY PUBLIC, NUECES COUNTY, TEXAS
THE STATE OF TEXAS
COUNTY OF NUECES
BEFCRE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY
APPEARED CHARLES W. FLETCHER, KNOWN TO ME TO BE 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.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS DAY OF
1969.
NOTARY PUBLIC, BEXAR COUNTY, TEXAS