HomeMy WebLinkAbout11513 ORD - 06/06/1973n tRR:cd:5- 10 -73; 1st ;
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AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO ACCEPT DEDICATION
FOR USE BY THE PUBLIC OF PORTIONS OF ROOTS AND BRANCH
STREETS, SITUATED IN LOT 28, BLOCK 2, GULFWAY - AIRLINE
PARK, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY,
TEXAS, AND AUTHORIZING THE EXECUTION OF DEDICATION
AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND
MADE A PART HEREOF, MARKED EXHIBIT "A "; AND DECLARING
AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That the City Manager be, and he is hereby, authorized
to accept dedication for use of the public portions of Roots and Branch Streets,
situated in Lot 28, Block 2, Gulfway - Airline Park, in the City of Corpus Christi,
Nueces County, Texas, more fully described hereinafter as follows:
Being all of Lot 28, Block 2, Gulfway - Airline Park, being
19.482 acres, a replat of a portion of Lot 31, Block 2,
Gulfwa Airline Park as shown b
y- y plat recorded in Volume
34, Page 51, and a portion of Lots 21, 28 & 29, Section
13, Flour Bluff & Encinal Farm & Garden Tracts as shown
by plat recorded in Volume "A ", Pages 41, 42 & 43, Nap
Records of Nueces County, Texas, said Lot 28, Block 2,
being as shoran by plat recorded in Volume 38, Page 84,
Map Records of Nueces County, Texas.
The City Manager is further authorized to execute the agreement to
evidence the City's acceptance of the street dedication,.all as more fully set
forth in the Dedication Agreement, a copy of which is attached hereto and
made a part hereof, marked Exhibit "A'.
SECTION 2. The necessity to authorize the acceptance of the portions
of streets hereinabove described, for use by the public and for maintenance
thereof by the City as a part of the City's street system, creates a public
emergency and an imperative public necessity requiring the suspension
i 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 :laving
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
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from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the _
day of� 1973.
ATTEST:
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City Secret y / MAy
THE CITY OF CORPUS CHRISTI, TEXAS
APPROVED:
DAY 0 , 1973:
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Ci Attorney
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THE STATE OF TEXAS X
COUNTY OF NUECES
WHEREAS, the undersigned, Housing Authority of the
City of Corpus Christi, Texas, a public body corporate and
politic, organized and existing under the laws of the State
of Texas, is the owner of the following described tract and
parcel of land lying and being situate in the City of Corpus
Christi, Nueces County, Texas, to -wit:
Being all of Lot 28, Block 2, Gulfway- Airline
Park, being 19.482 acres, a replat of a por-
tion of Lot 31, Block 2, Gulfway- Airline Park
as shown by plat recorded in Volume 34, Page
51, and a portion of Lots 21, 2,8 & 29, Section
13, Flour Bluff & Encinal Farm & Garden Tracts
as shown by plat recorded in Volume "A ", Pages
41, 42 & 43, Map Records of Nueces County,
Texas, said Lot 28, Block 2, being as shown by
plat recorded in Volume 38, Page 84, Map Re-
cords of Nueces County, Texas; and,
WHEREAS, the said Housing Authority of the City of
Corpus Christi desires to dedicate to the use of the public
the existing road right -of -way as shown on the plat attached
hereto and marked Exhibit "A" and made a part hereof; and the
City of Corpus Christi, Texas, a municipal corporation, de-
sires to accept said dedication and to accept said streets
for maintenance;
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That
for and in consideration of the premises, it is contracted and
agreed by and between the said Housing Authority of the City
of Corpus Christi, hereinafter called "Housing Authority ", and
the City of Corpus Christi, Texas, hereinafter called "city
as follows:
1. That the said Housing Authority does hereby dedi-
cate to the use of the public the streets existing upon the
above described tract and parcel of land as shown by the map
SOER, MEN, C EIRIUL
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or plat marked Exhibit "A" attached hereto and made a part hereof.
2. Subject to the provisions of paragraph 3 hereof,
the City of Corpus Christi does hereby accept said dedication
and accepts said streets for maintenance.
3. It is understood by and between the parties hereto
that the Housing Authority; prior to this dedication of said
streets, has installed and placed certain artificial, asphalt
bumps or humps across said streets for the purpose of reducing
the speed at which said streets may be traveled by vehicles
using the same. It is further understood and agreed by and be-
tween the parties hereto that the acceptance of this dedication
of said streets for maintenance by the City of Corpus Christi
does not include the maintenance, replacement or renovation of
such artificial, asphalt bumps or humps, and,that the City shall
not incur or assume any liability for damage to person or pro-
perty by reason of the existence thereof. In connection with the
installation, maintenance, replacement, renovation and existence
of said artificial, asphalt bumps or humps, the Housing Authority
covenants and agrees to indemnify, defend and hold harmless the
City from and against all damages, claims, suits, demands and
actions of any kind, whether for injuries to persons or loss of
life, or damage to property, resulting from or arising out of
the existence of such asphalt bumps or humps. The Housing Auth-
ority further agrees to maintain said asphalt bumps or humps,
including any restoration or replacement thereof at its sole
cost and expense.
WITNESS the hands of the parties this day
of 1973.
ATTEST:
Executive Director
HOUSING AUTHORITY OF THE
CITY OF CORPUS CHRISTI
By
Chairman
-2-
ATTEST: CITY OF CORPUS CHRISTI, TEXAS
By
City Secretary City Manager
STATE OF TEXAS
X
COUNTY OF NUECES
BEFORE ME, the undersigned authority, a Notary Public
in and for Nueces County, Texas, on this day personally appeared
ORBY G. ROOTS, Chairman of the Board of Commissioners of the
HOUSING AUTHORITY OF THE CITY OF CORPUS CHRISTI, TEXAS, known to
me to be the person and officer whose name is subscribed to the
foregoing instrument, and acknowledged to me that the same was
the act of the said Housing Authority of the City of Corpus
Christi, Texas, and that he executed the same as the act of such
corporation for the purposes and consideration therein expressed,
and in`the capacity therein stated.
GIVEN under my hand and seal of office this
day of , 1973.
Notary Public in and for
Nueces County, Texas
STATE OF TEXAS
COUNTY OF NUECES
BEFORE ME, the undersigned authority, a Notary Public
in and for Nueces County, Texas, on this day personally appeared
MARVIN TOWNSEND, City Manager of the CITY OF CORPUS CHRISTI,
TEXAS, known to me to be the person and officer whose name is
subscribed to the foregoing instrument, and acknowledged to me
that the same was the act of the said City of Corpus Christi,
Texas, a municipal corporation, and that he executed the same as
the act of such corporation for the purposes and consideration
therein expressed, and in the capacity therein stated.
GIVEN under my hand and seal of office this
day of , 1973.
Notary Public in and for
Nueces County, Texas
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Corpus Christi, Texas
6,a, day of
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,
MAY
THE CITY OF CORPUS CHRISTI, TEXAS
The Charter rule was suspended by the following vote:
Jason Luby
James T. Acuff
Rev. Harold T. Branch
Thomas V. Gonzales
Ricardo Gonzalez
Gabe Lozano, Sr.
J. Howard Stark
The above ordinance was passed by the following vote:
Jason Luby .
James T. Acuff
Rev. Harold T. Branch
Thomas V. Gonzales
Ricardo Gonzalez
Gabe Lozano, Sr.
J. Howard Stark