HomeMy WebLinkAbout09837 ORD - 07/08/1970JKH:7 -8-70
AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE
AN ENCROACHMENT AGREEMENT WITH FIRST SAVINGS ASSOCIATION,
SIX POINTS, WHEREBY THE CITY AGREES TO PERMIT THE SAID
SAVINGS ASSOCIATION TO CONSTRUCT SEVEN COLUMNS TO EXTEND
SEVEN AND ONE -HALF INCHES (7 -1/2 ") INTO THE SOUTH STAPLES
STREET RIGHT OF WAY, 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, FIRST SAVINGS ASSOCIATION, SIX POINTS, HAS REQUESTED
A REVOCABLE PERMIT FOR THE INSTALLATION OF SEVEN COLUMNS TO EXTEND
SEVEN AND ONE -HALF INCHES (7 -1/2 ") INTO THE SOUTH STAPLES STREET RIGHT
OF WAY, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; AND
WHEREAS, THE ENCROACHMENTS WILL NOT AFFECT CITY UTILITIES:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS:
SECTION 1. THAT THE CITY MANAGER BE, AND HE IS HEREBY,
AUTHORIZED AND DIRECTED TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF
CORPUS CHRISTI, AN ENCROACHMENT AGREEMENT WITH FIRST SAVINGS ASSOCIATION,
SIX POINTS, WHEREBY THE SAID FIRST SAVINGS ASSOCIATION, SIX POINTS,
WILL BE PERMITTED TO INSTALL SEVEN COLUMNS TO EXTEND SEVEN AND ONE -HALF
INCHES (7 -1/2 ") INTO THE SOUTH STAPLES STREET RIGHT OF WAY, 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 EXECUTIt.OTHE AGREEMENT DESCRIBED
HEREINABOVE IN ORDER THAT CONSTRUCTION OF THE AFORESAID COLUMNS MAY BE
COMMENCED AND THE BUILDING PROGRAM CONCLUDED AT THE EARLIEST PRACTICABLE
DATE 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 THEDATE OF ITS INTRODUCTION
98T7
AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROMM, AND AFTER ITS
PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE fit DAY OF JULY,
1970.
ATTEST:
Y S ECRETAJCY
APJP �OVED: i//
X ` L DAY OF JULY, 1970:
TING CITY kNEY
THE CITY OF CORPUS CHRISTI, TEXAS
•
REVOCABLE PERMIT AND AGREEMENT AS TO ENCROACHMENT
THE STATE OF TEXAS Q
COUNTY OF NUECES
WHEREAS, FIRST SAVINGS ASSOCIATION, Six POINTS, HEREINAFTER
CALLED "PERMITTEE," OWNS CERTAIN PROPERTY IN THE CITY OF CORPUS CHRISTI,
NUECES COUNTY, TEXAS, ADJACENT TO PUBLIC RIGHT OF WAY ON SOUTH STAPLES
STREET AT SIX POINTS; AND
WHEREAS, SAID PERMITTEE PROPOSES TO CONSTRUCT AND MAINTAIN
SEVEN COLUMNS WHICH WILL EXTEND AND ENCROACH INTO THE PUBLIC RIGHT OF WAY
OF THE ABOVE NAMED SOUTH STAPLES STREET; AND
WHEREAS, THE LOCATION OF SAID COLUMNS WILL NOT 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 SUM 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, HEREBY AGREES TO PERMIT AND DOES PERMIT THE SAID PERMITTEE,
THEIR SUCCESSORS, ADMINISTRATORS AND ASSIGNS, TO ERECT AND MAINTAIN SEVEN
COLUMNS WITHIN THE RIGHT OF WAY OF SOUTH STAPLES STREET AT SIX POINTS,
SUBJECT TO THE FOLLOWING CONDITIONS:
1. PERMITTEE AGREES TO INDEMNIFY AND HOLD HARMLESS THE CITY OF
CORPUS CHRISTI FOR ANY AND ALL DAMAGE CAUSED DIRECTLY OR INDIRECTLY BY
REASON OF THE EXISTENCE OR INSTALLATION OF SAID COLUMNS INTO THE PUBLIC
RIGHT OF WAY;
2. THAT SAID COLUMNS WILL BE CONSTRUCTED IN ACCORDANCE WITH
PLANS AND SPECIFICATIONS APPROVED BY THE DIRECTOR OF PUBLIC WORKS, AND
AUTHORIZED UNDER THE NECESSARY PERMIT OR PERMITS ISSUED BY THE CITY
BUILDING DIVISION;
3. THAT PERMITTEE AGREES THAT THERE WILL BE NO ADDITIONS OR
FURTHER ENCROACHMENTS INTO THE RIGHT OF WAY WITHOUT PRIOR PERMISSION FROM
CITY;
4. PERMITTEE AGREES TO DEMOLISH AND REMOVE SAID COLUMNS FROM
WITHIN THE PUBLIC RIGHT OF WAY AT HIS OWN EXPENSE WITHIN NINETY (90) DAYS
AFTER RECEIVING WRITTEN NOTICE FROM THE CITY MANAGER OR THE DIRECTOR OF
PUBLIC WORKS, DIRECTING SAID REMOVAL;
`J. THAT SAID ENCROACHMENTS WILL BE REMOVED AT THE EXPENSE OF
PERMITTEE IN THE EVENT THAT THE HEREIN DESCRIBED PROPERTY IS SOLD OR
CONVEYED OR TITLE TRANSFERRED OR DIVESTED FROM PERMITTEE, UNLESS WRITTEN
CONSENT OF THE CITY OF CORPUS CHRISTI BE OBTAINED TO CONTINUE THE EXISTENCE
OF THE AFORESAID ENCROACHMENTS; AND
6. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT THE RIGHT AND
PRIVILEGE HEREIN GRANTED MAY BE REVOKED AT ANY TIME BY THE CITY OF
CORPUS CHRISTI.
ATTEST: CITY OF CORPUS CHRISTI
CITY SECRETARY
APPROVED:
DAY OF JULY, 1970:
ACTING CITY ATTORNEY
THE STATE OF TEXAS Q
COUNTY OF NUECES
BY
R. MARVIN TOWNSEND
CITY MANAGER
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.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS THE DAY OF
JULY, 1970.
NOTARY PUBLIC IN AND FOR NUECES
COUNTY, TEXAS
THE ABOVE PERMIT IS HEREBY ACCEPTED THIS THE DAY OF
, 1970, BY THE UNDERSIGNED, AND SAID PERMITTEE AGREES
TO KEEP AND PERFORM THE CONDITIONS IMPOSED BY THE HEREINABOVE DESCRIBED
PERMIT AND THAT HE IS BOUND BY ALL OF THE TERMS OF THE SAME.
FIRST SAVINGS ASSOCIATION, SIX POINTS
Br
-2-
THE STATE OF TEXAS Q
COUNTY OF NUECES
BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY
APPEARED
KNOWN TO ME TO BE THE PERSON AND OFFICER WHO SIGNED THE ABOVE INSTRUMENT
AND ACKNOWLEDGED TO ME THAT THE SAME WAS EXECUTED FOR THE PURPOSES AND
CONSIDERATION THEREIN EXPRESSED, AND IN THE CAPACITY THEREIN STATED.
GIVEN UNDER MY HAND AND SEAL OF OFFICES THIS THE DAY
OF JULY, 1970.
NOTARY PUBLIC IN AND FOR NUECES COUNTY,
• TEXAS
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Corpus Christi; Texas
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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,
OR
THE CITY OF CORPUS CHRISTI, TEXAS
The Charter rule was suspended by the following vote:
Jack R. Blackmon
Gabe Lozano, Sr.
V. A. "DicW'Bradley, Jr.
Eduardo E. de Ases
Ken McDaniel
W. J. "Wrangler" Roberts
Ronnie Sizemore
The above ordinance was passed by the following vote:
19 70
Jack R. Blackmon
Gabe Lozano, Sr.
V. A. "Dick" Bradley, Jr.
Eduardo E. de Ases
Ken McDaniel
W. J. i'Wrangler" Roberts
Ronnie Sizemore
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