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HomeMy WebLinkAbout10925 ORD - 06/21/1972JRR:ml:6- 19- 72;1st 000KIRF P• r AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE PERMIT TO CONDOMINIUMS CORPUS CHRISTI, LTD. 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 EMER- GENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, 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 permittee's expense within 30 days written notice from the City Manager or the Director of Engineering Services, said permit being tofCondominiums y Corpus Christi, Ltd. to occupy a portion of North Shoreline Drive, abbuting 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 permittee 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 hald 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 the a ,-.-;t day of June, 1972. ATTEST: 'k City ge c tary APPROI D: AY OF NE, 1972: TyAAttorney 0 MAYOR Ad "MY THE MY OF CORPUS CHRISTI, TEXAS 10925 REVOCABLE PERMIT THE STATE OF TEXAS X COUNTY OF NUECES X WHEREAS, Condominiums Corpus Christi, Ltd. owns cer- tain 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 Condominiums Corpus Christi, Ltd. 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 of One Dollar ($1) and other good and valuable consideration, the City of Corpus Christi hereby agrees to permit Condominiums Corpus Christi, Ltd., its successors 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 hereinafter set out:, 1. That permittee agrees that it will indemnify and hold harmless the City of Corpus Christi, Texas, from 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 addi- tions or encroachments into the right of way without prior per- mission from the City; 4. That permittee agrees to demolish and•remove said groins, at its expense, within 30 days after receiving written notice from the City Manager or the Director of Engineering Services,.directing the removal of said groins; and S. That said groins will be demolished and removed, at the expense of permittee, in the event said permittee should sell or convey the property abutting said groins, or in the event title should be transferred from permittee, un- less written consent of the City be obtained to continue the maintenance of said groins. CITY OF CORPUS CHRISTI ATTEST: BY R. Marvin Townsend, City Manager City Secretary APPROVED: day of June, 1972: City lA =or 4 THE STATE OF TEXAS X COUNTY OF NUECES X 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 consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of June, 1972. NOTARY PUBLIC in and for NUCCCS Cowrty, Pexas The above permit is hereby accepted this the day of June, 1972, by the undersigned, and said permitee 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. CONDOMINIUMS CORPUS CHRISTI, LTD. By T. R. Dur en, enera anager and Partner THE STATE OF TEXAS Z COUNTY OF NUECES X BEFORE ME, the undersigned authority, on this day personally appeared T. R. Durden, General Manager and Partner of CONDOMINIUMS CORPUS CHRISTI, LTD., a limited partnership, 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 CONDOMINIUMS CORPUS CHRISTI, LTD. in the capacity stated and for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND-SEAL OF OFFICE, this the day of June, 1972. O TAR PUBLIC in an or Nueces exas - ANNA GRACE P_IeRCF. zz CORPUS CHRISTI, TEXAS a, DAY OF 19?,2-) 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, MAYOR /° o TF_ Ti THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING�� VOTE: • RONNIE 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. BONNIWELL ROBERTO BOSQUEZ, M.D. REV. HAROLD T. BRANCH THOMAS V. GONZALES GABS LOZANO, SR. J. HOWARD STARK