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Home My WebLink About09923 ORD - 09/09/1970AN 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. 61D6, AS AMENDED, UPON APPLICATION OF MR. AND MRS. SAM M. ARMSTRONG BY GRANTING A SPECIAL COUNCIL PERMIT FOR PARKING LOT ON ALL OF LOTS 18, 19, AND 20, BLOCK 9, VILLA GARDENS, LOCATED AT 630 VAN CLEVE DRIVE, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AS MORE FULLY DESCRIBED ON THE APPROVED SITE PLAN, ATTACHED HERETO AND MADE A PART HEREOF; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CON- FLICT HEREWITH. WHEREAS, THE ZONING AND PLANNING COMMISSION HAS FORWARDED TO THE CITY COUNCIL ITS REPORTS AND.RECOMMENDATIONS CONCERNING THE APPLICA- TION OF MR. AND MRS. SAM M. ARMSTRONG FOR AMENDMENT TO THE , ZONING MAP OF THE CITY OF CORPUS CHRISTI; AND t 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 SEPTEMBER 2, 1970 3 AT REGULAR COUNCIL MEETING OF THE CITY COUNCIL IN THE COUNCIL CHAMBER AT CITY HALL IN THE CITY OF CORPUS CHRISTI; AND ., WHEREAS, BY MOTION DULY MADE, SECONDED AND CARRIED, IT WAS DECIDED BY THE CITY COUNCIL THAT TO APPROVE THE HEREINAFTER SET FORTH 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 1. THAT THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI, TEXAS, PASSED 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-IN PARTICULAR AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, BE AND THE SAME IS HEREBY AMENDED BY MAKING THE CHANGE HEREINAFTER SET OUT. m SECTION 2. THAT A SPECIAL COUNCIL PERMIT BE GRANTED FOR THE MAINTENANCE AND OPERATION OF A PARKING LOT ON ALL OF LOTS 18, 19, AND 20, BLOCK 9, VILLA GARDENS, LOCATED AT 630 VAN CLEVE DRIVE, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AS MORE FULLY DESCRIBED ON THE SITE PLAN, APPROVED BY THE - PLANNING COMMISSION, A COPY OF WHICH SITE PLAN IS ATTACHED HERETO AND MADE A PART HEREOF, SUBJECT TO THE CONDI- TIONSTHAT A STANDARD SCREENING FENCE SHALL CONTINU9 BETWEEN LOTS 2 AND 3 OF SAID BLOCK 9 TO SCOTT DRIVE, ' AND THAT ALL OTHER CONDITIONS OF ONE FAMILY DWELLING DISTRICT SHALL BE IN EFFECT. IN THE EVENT THE BOARD OF ADJUSTMENT GRANTS ANY SPECIAL EXCEPTION OR VARIANCE TO THE ZONING ORDINANCE, APPLICABLE TO THE PROPERTY INCLUDED IN THE SPECIAL PERMIT HEREIN GRANTED, OTHER THAN THE ONE SPECIF{-ED. IN THIS SPECIAL PERMIT, SAID SPECIAL PERMIT WILL BE VOID AND OF NO FORCE OR EFFECT WHATSOEVER. SECTION 3. THAT THE OFFICIAL ZONING MAP OF THE CITY OF CORPUS CHRISTI, TEXAS, BE, AND THE SAME IS 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.- m That the foregoing ordinance was read for the irst time and passed to its second reading on this the q& day of , 1970 , 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 �- That the foregoing ordinance was read for the second time and passed to its third reading 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 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 AMID APPROVED, this the day of 19 _ ATTEST: City Secretary APPROVED AS TO LEGAL FORM THIS THE DAY OF , 19_ City Attorney MAYOR THE CITY OF CORPUS CHRISTI, TEXAS 8.Iw:8/25/70 TEXAS: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREE - MENT WITH EDGAR LINKENHOGER, JOHN B. HARNEY ESTATE, IRA E. HAYLEY, ET AL AND GEORGE CALLICOATE, FOR THE EXTENSION OF SANITARY SEWERS TO SERVE THE TRACTS OWNED BY THE AFORESAID OWNERS, WEST OF THE HILLTOP HOSPITAL AND SOUTH OF HIGHWAY 9, AS SHOWN ON THE ATTACHED EXHIBIT WHICH IS A PART OF THE AGREEMENT ATTACHED HERETO AND MADE A PART HEREOF; AND DECLAR- ING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, • SECTION 1. THAT THE CITY MANAGER BE, AND HE IS HEREBY, AUTHORIZED TO ENTER INTO AN AGREEMENT WITH EDGAR LINKENHOGER, JOHN B. HARNEY ESTATE, IRA E. HAYLEY, ET AL, AND GEORGE CALLICOATE, FOR THE EXTENSION OF SANITARY SEWERS TO SERVE THE TRACTS OWNED BY THE AFORESAID OWNERS, WEST OF THE HILLTOP HOSPITAL AND SOUTH OF HIGHWAY g, AS SHOWN ON THE ATTACHED EXHIBIT WHICH IS A PART OF THE AGREEMENT ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE NECESSITY TO IMMEDIATELY AUTHORIZE THE AFORESAID AGREEMENT, IN ORDER THAT SANITARY SEWERS MAY BE INSTALLED TO SERVE THE AREA WEST OF THE HILLTOP HOSPITAL AND SOUTH OF HIGHWAY 91 AS MORE FULLY SHOWN ON THE EXHIBIT ATTACHED HERETO, 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 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 FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE j DAY OF J , 1970• ATTES . CITY SECRETAR `W YOR APPROVED: CITY OF CORPUS CHRISTI, TEXAS Y OF , t97o: 2 ACT NG CITY ATTOR Y 9923 THE STATE OF TEXAS X COUNTY OF NUECES X WHEREAS, the City of Corpus Christi, Texas ( "Party of the First Part ") hereinafter called "City ", and Edgar Linkenhoger, John Harney Estate, Ira E. Hayley et al, and George Callicoate, each of whom owns a tract or parcel of land south of State Highway 9 between Hilltop Hospital property and FM Road.1694 in the City of Corpus Christi, Texas, ( "Parties of the Second Part ") (Individual Parties of the Second Part being referred to as "Property Owners ") desire that a sanitary sewer line be extended through the property as shown on the attached Exhibit "A" which by this reference is incorporated herein and made a part hereof, for the purpose of providing the main collector line necessary for the develop- ment of these properties as shown on the attached exhibit. NOW, THEREFORE, in consideration of the premises and of the cove- nants and agreements of the parties hereto to be kept and performed, the parties hereto have agreed as follows: 1. Each Property Owner agrees as to the particular tract or tracts owned by him, to dedicate to the public by map or plat, or by con- veyance to City, sufficient right -of -way or easement not to exceed twenty (20) feet in width.and not less than ten (10) feet, with construction easement of approximately 100' along the route of this line. Such con- struction easement shall terminate upon the completion and acceptance by the City of the project. 2. The City will prepare plans and specifications and let a contract for the construction of the sanitary sewer line from Point A to Point B through the tract owned by the Property Owners and as shown on the attached Exhibit "A ". The City will participate for oversizing the line from 8" to 18" from Point A to Point C. The City will also provide an easement through the property which is not presently contemplated for development from Point A to the Linkenhoger Tract along the line in the attached Exhibit "A ". • • 3. The Property Owners will participate on an area basis towards the construction of the line from Point A to Point B. The costs will be based on the actual construction costs plus 10% for engineering, laboratory testing and inspection, all as approved by City. The table below shows the approximate costs to each participant and is estimated for informational purposes only and the costs shown on this table shall be adjusted up or dawn after bids are taken. Area Basis Est. Cost Including Acreage % 10%. Engrg., Testing, Insp. Harney Tract 32.6 19.5 $ 9,352.20 Western Hills #1 (City) 27 16.1 7,721.56 Western Hills #2 (Hayley) 19.4 11.6 5,563.36 Ca,llicoate Tract 36.2 21.7 10,407.32 Linkenhoger Tract 52.0 31.1 14,915.56 TOTAL 167.20 100.0 $47,96o.00 4. The City will also participate on an area basis and in the same manner as hereinabove provided for the portion of Western Hills No. 1 Subdivision which is presently platted and developed and shown in the table above. 5. The City agrees that upon completion and execution of this agreement to proceed in completing plans and specifications and to com- mence the advertising of the project and the award of a contract. 6. The Property Owners agree to have the easements hereinabove described and right -of -ways dedicated prior to the City causing commence- ment of work on the project. 7. Each Property Owner hereby agrees that he will pay to the City of Corpus Christi the full amount of the sum of money, including 10% for engineering, testing and inspection costs, as calculated on the above stated area basis prior to the award of the contract. -2- 8. This agreement may be executed in counterparts, all of which shall be considered one instrument. When all of the counterparts have been executed by the City, and at least one counterpart has been executed by each of the Property Owners, this agreement shall become effective and shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, successors and assigns. WITNESS this day of , 1970. Edgar Linkenhoger ,John B. Harney Estate, Margaret R. Harney, Executrix Ira E. Bayley, et al George Callicoate CITY OF CORPUS CHRISTI BY: ATTEST: City Manager APPROVED: City Secretary DAY OF r! ?: ;. , 1970: Acting City Attorrl' 4 /l 1 LEOPARD ST. et co WESTERN HILLS UNIT 27 AC. 32.6 AC. 52.0 AC. ry -1 — lest$ PROP 10" LI X010 GEORGE WESTERN HILLS - CALLICOATE UNIT2 IRA E. HAYLEY � JOHN g, 36.2 AC. HARNEY EDGAR LINKENHO GER IJJ1 19.4 AC- SCALE 1 %400' I HILLTOP HOSPITAL 3 EXIST IS", 11111 17 LAVE € /PROP Ira" LINE oresar t cis 1}J FUTURE 18" LINE EXHIBIT °A" WESTERN HILLS AREA SANITARY SEWER SERVICE _ ...... . ........_.__. ___ • TO THE tJEM3ERS OF THE CITY COUNCIL Corpus Christi, Texas Corpus Christi, Texas 1_day of 19 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, I YOR THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended 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 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