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Home My WebLink About10897 ORD - 06/07/1972!j�, JRR /Mc 6/6/72 1ST AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE PERMIT TO REPUBLIC NATIONAL LIFE INSURANCE COMPANY TO OCCUPY A PORTION OF NORTH SHORELINE DRIVE ABUTTING ALL OF BLOCKS 4 AND 5 OF THE CORPUS CHRISTI BEACH HOTEL ADDITION, FOR THE PURPOSE OF CONSTRUCTING TEM- PORARY GROINS TO CONTROL EROSION OF THE PRIVATE AND PUBLIC PROPERTY, A COPY OF SAID PERMIT BEING ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI, FOR AND ON BEHALF OF THE CITY, BE AND HE IS HEREBY AUTHORIZED AND DIRECTED TO EXECUTE A REVOCABLE PERMIT TO PLACE FIVE TEMPORARY GROINS ON CORPUS CHRISTI BEACH WITHIN THE RIGHT OF WAY OF NORTH SHORELINE, SUCH GROINS TO BE REMOVED AT PERMITTEE'S EXPENSE WITHIN 30 DAYS WRITTEN NOTICE FROM THE CITY MANAGER OR THE DIRECTOR OF ENGINEERING SERVICES, SAID PERMIT BEING TO REPUBLIC NATIONAL LIFE INSURANCE COMPANY TO OCCUPY A PORTION OF NORTH SHORELINE DRIVE, ABUTTING BLOCKS 4 AND 5 OF THE CORPUS CHRISTI BEACH HOTEL ADDITION, A COPY OF SAID PERMIT BEING ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE FACT THAT CONSTANT EROSION IS OCCURRING UPON THE PROPERTY OF PERMITTEE AND UPON THE RIGHT OF WAY OF NORTH SHORELINE DRIVE ON CORPUS CHRISTI BEACH, AND THE FACT THAT THE FIVE TEMPORARY GROINS WILL TEND TO HALT FURTHER EROSION 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 BUT THAT J 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 TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, TH ;HEO DAY of JUNE, 1972. ATTES CITY SECRETAR R APPROVED: THE CITY OF CORPUS R TI, TEXAS- APPROVED: : 1Y OF JU 1972: Y '�ENE2 Y�� 10897 JRR /Mc 6/6/72 1ST REVOCABLE PERMIT THE STATE OF TEXAS ) COUNTY OF NUECES ) WHEREAS, REPUBLIC NATIONAL LIFE INSURANCE COMPANY OWNS CERTAIN PROPERTY ON CORPUS CHRISTI BEACH, MORE PARTICULARLY DESCRIBED AS ALL OF BLOCKS 4 AND 5 OF THE CORPUS CHRISTI BEACH HOTEL ADDITION, CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, ADJACENT TO PUBLIC RIGHT OF WAY OF NORTH SHORE- LINE DRIVE; AND WHEREAS, EROSION IS THREATENING THE PROPERTY OF SAID REPUBLIC NATIONAL LIFE INSURANCE COMPANY AND THE RIGHT OF WAY OF NORTH SHORELINE WHICH IS NOW ABOVE WATER; AND WHEREAS, THE CONSTRUCTION OF FIVE TEMPORARY GROINS WILL TEND TO RETARD THE EROSION OF PRIVATE AND PUBLIC PROPERTY; AND WHEREAS, THE TEMPORARY GROINS WILL BE PLACED IN WHOLE OR IN PART IN CITY RIGHT OF WAY; AND WHEREAS, THE BULK OF THE CITY RIGHT OF WAY UPON WHICH THE GROINS WILL BE CONSTRUCTED IS NOT IMMEDIATELY NEEDED BY THE CITY SINCE SAID BULK OF THE RIGHT OF WAY IS UNDER WATER: NOW, THEREFORE, IN CONSIDERATION of ONE DOLLAR ($1.00) AND OTHER GOOD AND VALUABLE CONSIDERATION, THE CITY OF CORPUS CHRISTI HEREBY AGREES TO PERMIT REPUBLIC NATIONAL LIFE INSURANCE COMPANY, ITS RESPECTIVE EXECUTORS, ADMINISTRATORS AND ASSIGNS, TO ERECT AND MAINTAIN FIVE TEMPORARY GROINS ON CORPUS CHRISTI BEACH WITHIN THE 100 -FOOT RIGHT OF WAY OF NORTH SHORELINE DRIVE, ABUTTING THE ABOVE DESCRIBED PROPERTY OWNED BY IT, SUBJECT TO THE FOLLOWING CONDITIONS HEREINAFTER SET OUT: 1. THAT PERMITEE AGREES THAT IT WILL INDEMNIFY AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, TEXAS, FOR ANY AND ALL DAMAGE CAUSED DIRECTLY OR INDIRECTLY, BY REASON OF THE EXISTENCE OR INSTALLATION OF SAID GROINS; 2. THAT SAID GROINS WILL BE CONSTRUCTED IN ACCORDANCE WITH PLANS AND SPECIFICATIONS APPROVED BY THE DIRECTOR OF ENGINEERING SERVICES; 3. THAT PERMITTEE AGREES THAT THERE WILL BE NO ADDITIONS OR ENCROACH- MENTS INTO THE RIGHT OF WAY WITHOUT PRIOR PERMISSION FROM THE CITY; JRR/Mc 6/6/72 1sT 4. THAT PERMITTEE AGREES TO DEMOLISH AND REMOVE SAID GROINS, AT ITS EXPENSE, WITHIN THIRTY DAYS AFTER RECEIVING WRITTEN NOTICE FROM THE CITY MANAGER OR THE DIRECTOR OF ENGINEERING SERVICES, DIRECTING THE REMOVAL OF SAID GROINS. 5. THAT SAID GROINS WILL BE DEMOLISHED AND REMOVED, AT THE EXPENSE OF PERMITTEE, IN THE EVENT THAT SAID PERMITTEE SHOULD SELL OR CONVEY THE PROPERTY ABUTTING SAID GROINS, OR IN THE EVENT TITLE SHOULD BE TRANSFERRED FROM PERMITTEE, UNLESS WRITTEN CONSENT OF THE CITY BE OBTAINED TO CONTINUE THE MAINTENANCE OF THE SAID GROINS. CITY OF CORPUS CHRISTI BY R. MARVIN TOWNSEND CITY MANAGER ATTEST: CITY SECRETARY APPROVED: DAY OF JUNE, 1972: CITY ATTORNEY THE STATE OF TEXAS ) COUNTY OF NUECES ) BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED R. MARVIN TOWNSEND, 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 CONSIDERATIONS THEREIN EXPRESSED. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS THE DAY OF JUNE, 1972• NOTARY PUBLIC IN AND FOR NUECES COUNTY, TEXAS -2- JRR /Mc 6/6/72 1ST THE ABOVE PERMIT IS HEREBY ACCEPTED THIS THE DAY OF JUNE, 1972, BY THE UNDERSIGNED, AND SAID PERMITTEE AGREES TO KEEP AND PERFORM THE CONDITIONS IMPOSED BY THE HEREINABOVE DESCRIBED PERMIT AND THAT IT IS BOUND BY ALL OF THE TERMS OF THE SAME. REPUBLIC NATIONAL LIFE INSURANCE COMPANY BY TITLE THE STATE OF TEXAS ) COUNTY OF NUECES ) BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED , OF REPUBLIC NATIONAL LIFE INSURANCE COMPANY, A CORPORATION, KNOWN TO ME TO BE THE PERSON AND OFFICER WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT, AND ACKNOW- LEDGED TO ME THAT HE EXECUTED THE SAME AS THE ACT OF SAID CORPORATION, IN THE CAPACITY THEREIN STATED, AND FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY OF JUNE, 1972. NOTARY PUBLIC IN AND FOR NUECES COUNTY, TEXAS • _� :'i': •. `rlr� vE1-� -" _ f.- a K•; _ ` ...i <5�74.f+•Yhi:r - _ 4 •'�9 :: �f.... �:l�t. �2,`.z .:• %S, �.ir•; 14 S ?. 1 CORPUS � CHRISTI, TEXAS ��7 ._ /, Z,K., DAY OF `Lu�•�+� 19_.1!' 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; 1, 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. ULLY, • tl YOR THE CITY OF CORP HRISTI, TEXAS c THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: RONNIE SIZEMOREf� CHARLES A. BON NIWELL ROBERTO BOSQUEZ, M.D. " REV. HAROLD T. BRANCH / THOMAS V. GONZALES :tR " GABE LOZANO, SR. J. HOWARD STARK THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: RONNIE SIZEMORE CHARLES A. BONNIWELL ROBERTO BOSQUEZ, M.D. 'REV. HAROLD T. BRANCH THOMAS V. GONZALES • t GABE LOZANO, SR. J. HOWARD STARK