HomeMy WebLinkAbout10898 ORD - 06/07/1972.14-.9
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AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE
PERMIT TO SHORELINE CORPORATION TO OCCUPY A PORTION
OF NORTH SHORELINE DRIVE ABUTTING BLOCK A OF A REPLAT
OF BLOCKS 14, 15, 16, 17, 30, 31 AND 32 IN BROOKLYN
ADDITION, FOR THE PURPOSE OF CONSTRUCTING TEMPORARY
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 TWO TEMPORARY GROINS ON CORPUS CHRISTI
BEACH WITHIN THE RIGHT OF WAY OF NORTH SHORELINE, SUCH GROINS TO BE REMOVED
AT PERMITTEES EXPENSE WITHIN 30 DAYS WRITTEN NOTICE FROM THE CITY MANAGER OR
THE DIRECTOR OF ENGINEERING SERVICES, SAID PERMIT BEING TO SHORELINE CORPORA-
TION TO OCCUPY A PORTION OF NORTH SHORELINE DRIVE, ABUTTING BLOCK A OF A REPLAT
OF BLOCKS 14, 15, 16, 17, 30, 31 AND 32, ALL IN BROOKLYN 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 PERMITTEES AND UPON THE RIGHT OF WAY OF NORTH SHORELINE DRIVE ON
CORPUS CHRISTI BEACH, AND THE FACT THAT THE TWO 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
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, THIS T DAY OF JUNE, 1972.
ATTES � O
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CITY $ECR TAR MAYOR
THE CITY OF CORPUS H ISTI, TEXAS
APPROVED:
/"/^% ,DAY.OF JUNE, 1972:
"' 10891v
i
JRR /Mc 6/6/72 1ST
REVOCABLE PERMIT
THE STATE OF TEXAS )
COUNTY OF NUECES )
WHEREAS, SHORELINE CORPORATION OWNS CERTAIN PROPERTY ON CORPUS
CHRISTI BEACH, MORE PARTICULARLY DESCRIBED AS BLOCK A OF A REPLAT OF BLOCKS
14, 15, 16, 17, 30, 31 AND 32 IN BROOKLYN ADDITION, CITY OF CORPUS CHRISTI,
NUECES COUNTY, TEXAS, ADJACENT TO PUBLIC RIGHT OF WAY OF NORTH SHORELINE
DRIVE; AND
WHEREAS, EROSION IS THREATENING THE PROPERTY OF SAID SHORELINE
CORPORATION AND THE RIGHT OF WAY OF NORTH SHORELINE WHICH IS NOW ABOVE WATER;
AND
WHEREAS, THE CONSTRUCTION OF TWO 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 OC ONE DOLLAR ($1.00) AND OTHER
GOOD AND VALUABLE CONSIDERATION, THE CITY OF CORPUS CHRISTI HEREBY AGREES
TO PERMIT THE SAID SHORELINE CORPORATION, ITS RESPECTIVE EXECUTORS, ADMINISTRATORS
AND ASSIGNS, TO ERECT AND MAINTAIN TWO TEMPORARY GROINS ON CORPUS CHRISTI BEACH
WITHIN THE 100 -FOOT RIGHT OF WAY OF NORTH SHORELINE DRIVE, ABUTTING THE ABOVE
DESCRIBED PROPERTY OWNED BY THEM, SUBJECT TO THE FOLLOWING CONDITIONS HEREIN-
AFTER SET OUT:
1. THAT PERMITTEES AGREE THAT THEY 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 PERMITTEES AGREE 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 t:
4. THAT PERMITTEES AGREE TO DEMOLISH AND REMOVE SAID GROINS, AT
THEIR EXPENSE, WITHIN 30 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 PERMITTEES, IN THE EVENT THAT SAID PERMITTEES SHOULD SELL OR CONVEY THE
PROPERTY ABUTTING SAID GROINS, OR IN THE EVENT TITLE SHOULD BE TRANSFERRED
FROM PERMITTEES, 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 TOME THAT HE EXECUTED THE SAME AS THE ACT OF THE CITY OF CORPUS
,. CHRISTI,,TEXAS� AND AS.CITY MANAGER THEREO_F,FOR.THE PURPOSES AND,CON S_ IDERATIONS
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 '
A
THE ABOVE PERMIT !S HEREBY ACCEPTED THIS THE DAY OF
JUNE, 1972, BY THE UNDERSIGNED, AND SAID PERMITTEES AGREE TO KEEP AND PERFORM
THE CONDITIONS IMPOSED BY THE HEREINABOVE DESCRIBED PERMIT AND THAT THEY ARE
BOUND BY ALL OF THE TERMS OF THE SAME.
SHORELINE CORPORATION
BY
(TITLE)
THE STATE OF TEXAS )
COUNTY OF NUECES )
..BEFORE -ME, THE-UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED
OF SHORELINE CORPORA-
TION, A CORPORATION, KNOWN TO ME TO BE THE PERSON AND OFFICER WHOSE NAME IS
SUBSCRIBED TO THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED 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
f
CORPUS CHRISTI, TE((((X����AS
'7--tL DA Y• OF , j 9_
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.
ESPEC ULLY,
O
O
iA�rC.Li
MAYOR
THE CITY OF CO U CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
RONN I E $I ZEMORE
CHARLES A. BONNIWELL�`-
ROBERTO BoSQUEZ, M.D.pp �/-
REV. HAROLD T. BRANCH,(Rin.il,
THOMAS V. GONZALES
GABE LOZA NO, SR.
J. HOWARD STARK
THE ABOVE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
RONNIE SIZEMORE
CHARLES A. BONNIWELL
ROBERTO BOSQUEZ, M.D.
REV. HAROLD T. BRANCH CL,Qyley�/�
THOMAS V. GONZALES
GABE LOZANO, SR.
J. HOWARD STARK (�(,f