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1/26/72 :JRR:vMP
AN ORDINANCE
GRANTING A LICENSE FOR A TERM OF FIVE (5) YEARS TO OCCUPY
SPACE UNDER AND OVER DESCRIBED AREAS OF CARANCAHUA,
ANTELOPE AND LEOPARD STREETS IN BLOCK 4 AND BLOCK 12.OF
THE BLUFF PORTION OF THE CITY OF CORPUS CHRISTI PURSUANT
TO A LICENSE AGREEMENT, MARKED EXHIBIT "A ", ANNEXED HERETO,
AND BY THIS REFERENCE INCORPORATED HEREIN FOR ALL PURPOSES;
PROVIDING SEVERABILITY; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS: -�
SECTION 1, THERE IS HEREBY GRANTED To FINANCIAL CENTER, INC., OF
CORPUS CHRISTI, TEXAS, ITS SUCCESSORS AND ASSIGNS, A LICENSE FOR THE TERM OF
FI,V,E,(5) YEARS FROM THE EFFECTIVE DATE OF THIS ORDINANCE TO OCCUPY SPACE UNDER
1A'ND OVER DESCRIBED AREAS OF CARANCAHUA, ANTELOPE AND LEOPARD STREETS IN BLOCK
Y AND BLOCK 12 OF THE BLUFF PORTION OF THE CITY OF CORPUS CHRISTI, PURSUANT TO,
AS SET FORTH IN, AND SUBJECT TO THE CONDITIONS OF THE LICENSE AGREEMENT BETWEEN
THE CITY OF CORPUS CHRISTI AND FINANCIAL CENTER, INC., MARKED EXHIBIT "A ",
ANNEXED HERETO, AND BY THIS REFERENCE INCORPORATED HEREIN FOR ALL PURPOSES.
SECTION 2. IF FOR ANY REASON ANY SECTION, PARAGRAPH, SUBDIVISION,
CLAUSE, PHRASE, OR PROVISION OF THIS ORDINANCE SHALL BE HELD INVALID BY FINAL
JUDGMENT OF A COURT OF COMPETENT JURISDICTION, IT SHALL NOT AFFECT ANY VALID
PROVISIONS OF THIS OR ANY OTHER ORDINANCE OF THE CITY OF CORPUS CHRISTI TO WHICH
THESE RULES AND REGULATIONS RELATE.
SECTION 3. THE NECESSITY TO GRANT THE LICENSE HEREINABOVE REFERRED
TO AT THE EARLIEST POSSIBLE PRACTICABLE DATE IN ORDER THAT CONSTRUCTION MAY BE
COMMENCED WITHOUT DELAY 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,
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 VFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED,
THIS THE_Do OF , 1972.
ATTEST) �% a
!/'/ I// - r Ii�_Q i Ate__
LITY JECRETART �/ "MATUK
APPROVED: // THE CITY F C CHRISTI, TEXAS
l�DAY OF T ?ti vine 1972:
I
�� ITY ATTORNEY/ /DW YD .
INTER- OFFICE COMMUNICATION p
Dept. Legal _N JJ` ��'O
M 0"
To T. Kring, City Secretary o1 :1 S�R
From James R. Riggs. City Attorney Date June 5 1972 �'�,_�,
Subject Revisions of January 26, 1972 in Exhibit "A" annexed to Ordinance No. 10680,__
Passed January 26 1972
Attached is a true and correct copy of the above cited Exhibit as revised by 1
me at Council table immediately prior to passage on January 26.
You will note that the Exhibit attached to the original ordinance bears the
notation "approved as revised 1/26/72 James R. Riggs City Attorney" and contains
all the revisions I thus made except in Paragraph VI. on Page 2 of said Exhibit.
That contains the clause "and sub - surface ", which I deleted on a copy only and
inadvertently omitted from the original you have.
< Therefore the recorded original Exhibit should show deletion of the said clause
"and sub - surface ", accordingly.
Thank you.
James R. Riggs ////
JRR: e / f
JRR:ml:6- 7- 72;2nd
STREET LICENSE AGREEMENT
THE STATE OF TEXAS T
COUNTY OF NUECES X
R
This instrument evidences in its entirety the License Agreement between
the CITY OF CORPUS CHRISTI, a municipal corporation and body politic under the
laws of the State of Texas in Nueces County, hereinafter called CITY, acting
by and through its City Manager, R. Marvin Townsend, and FINANCIAL CENTER, INC.,
a Texas corporation, acting by and through its duly authorized officers, here- t!
inafter called FINANCIAL CENTER, whereby CITY licenses FINANCIAL CENTER for a
term of five (5) years from and after the effective date of the City of Corpus
Christi ordinance formally granting this License to occupy the space in the
hereinafter described areas for the purposes and subject to the terms stated:
(a) A strip 6 feet 6 inches in width west of and along the
east boundary line of Carancahua Street abutting Block 4
of the Bluff Portion of the City of Corpus Christi from
sidewalk level to 18 -1/2 feet below sidewalk level for
footings, foundation walls and basement structure to
improvements constructed upon said Block 4 by Financial
Center, Inc.;
(b) A strip 7 -1/2 feet in width north of and along the south
boundary line of Antelope Street abutting 105 feet along
Lots 6 and 7, Block 4 of the Bluff Portion of the City
of Corpus Christi from sidewalk level to 18 -1/2 feet
below sidewalk level for utility vaults used in connec-
tion with servicing utilities to be furnished to the
improvements to be constructed upon said Block 4 by
Financial Center, Inc.;
(c) Air space for second -floor reinforced concrete overhang,
with wall above overhang, extending up to 5 feet in
' wi dfh1soutti of :and alo`ng'_the .boundary of- Leopard Street
abutting Lot 12, Block 4 of the"Bluff Portion of the City
of Corpus Christi for use as an overhang approximately
13 -1/2 feet at lowest point and 19 feet at highest point
above sidewalk level and for screened parking and other
similar and related uses;
(d) Air space for second -floor reinforced concrete overhang
with wall above overhang, extending up to 6 feet 4 inches
in width north of and along the south boundary of Antelope
Street abutting Block 4 of the Bluff Portion of the City
of Corpus Christi for use as an overhang approximately
13 -1/2 feet at lowest point and 19 feet at highest point
above sidewalk level and for screened parking and other
similar and related uses;
(e) A strip necessary to lay an underground pneumatic tube
from the present southwest corner of Block 4 of the Bluff
Portion of the City of Corpus Christi to the present
northeast corner of Block 12 of the Bluff Portion of the
City of Corpus Christi;
EXHIBIT "A"
r
except that no projection shall extend beyond the street curb line and no signs
shall be placed on any such projection beyond the property line, except as
provided in the Zoning Ordinance.
The License herein granted may be revoked, in whole or in part, by
CITY for violation of the terms and conditions hereof by FINANCIAL CENTER,
its successors, assigns, agents, employees, or contractors after expiration of
30 days from delivery of written notice of such violation(s) to the registered
agent of FINANCIAL CENTER, INC. or its successor and, if no registered agent
is maintained, or the Licensee becomes a foreign corporation, then to the
Secretary of State of Texas.
1. Licensee shall perform the permitted construction in accordance
with the Building Permit final plans and specifications approved
by City's Building Official so as to protect the interests of
City and the public in said street right -of -way in compliance
with state laws, City ordinances and codes, providing for any
necessary relocations and adjustments for the construction
and use licensed herein of storm drainage, sanitary sewers,
gas piping and facilities and water lines and facilities of
the City, the electrical facilities of Central Power and Light
Company and facilities of Southwestern Bell Telephone Company.
11. Licensee shall make any permitted excavations providing neces-
sary lateral support in a safe and proper manner and shall
reconstruct and replace pavings, sidewalks, curbings and other
publicly -owned facilities displaced thereby according to City
Ordinances and codes. All existing utilities within or
adjacent to the area which is the subject of this license are
to be protected during and after the construction and any
damage to same shall be the sole liability of Licensee.
111. All things required or permitted to be done by Licensee or
its contractors hereunder shall be done at the sole expense
of Licensee.
IV. City assumes no liability and no expense by reason of its grant
of this license or its exercise, and City shall not be liable
for any damages caused to the premises of Licensee by reason
of construction performed, authorized or permitted by City in
the area covered by this license.
V. If it should become necessary that any relocation or adjust-
ment be made in Licensee's improvements constructed hereunder,
by reason of the exercise of City's rights, powers and /or
duties, such relocation or adjustments shall be done at
Licensee's expense.
V1. Upon any termination of this license, Licensee shall restore
the surface of the street rights- of-way described above at
its expense upon written demand by the City.
V11. Licensee agrees to provide the defense for, indemnify and hold
harmless the City of Corpus Christi from each and every claim
or demand of whatever nature, made by or on behalf of any person,
-2-
firm or corporation arising out of or in any way connected
with the grant of this license or its exercise by Licensee,
his agents, employees or any persons, firm or corporation
acting pursuant to a contract with Licensee.
V111. Covenants and obligations of Licensee contained herein shall
be covenants running with the land, binding upon its succes-
sors, legal representatives and assigns.
X1. The privileges granted hereunder shall be construed to be
only those authorized by pertinent Texas statutes and the
City Charter and not to include anything inconsistent with
the rights of the public in the aforementioned street rights -
of-way areas.
IN WITNESS WHEREOF, WITNESS OUR HANDS in duplicate originals this
day of 1 1972.
ATTEST: CITY OF CORPUS CHRISTI
City Secretary R. Marvin Townsend, City Manager
ATTEST:
Secretary
M:
:
FINANCIAL CENTER, INC.
sy
President
Corpus Christi, Texas
CORPUS TEXAS
o2(p ILL, DAY OF , j9-zg=4
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.
RESP LY,
O
0
MAYOR
THE CIT OF C U l CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
BONNIE SIZEMORE
CHARLES A. BONNIWELL
ROBERTO BosQuez, M.D.
REV. HAROLD T. BRANCH
THOMAS V. GONZALES
GABE LOZANO, SR.
J. HOWARD STARK
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
RONNIE SIZEMORE
CHARLES A. BDNNIWELL
ROBERTO BOSQUEZ, M.D.
REV. HAROLD T. BRANCH
THOMAS V. GONZALES
• GABE LOZANO, SR.
J. HOWARD STARK