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Home My WebLink About11835 ORD - 12/12/1973• JRR:RWC:jkh:12- 12 -73; lst • AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH ROESLER ENTERPRISES, INC., FOR DEFERRED CONSTRUCTION OF A PORTION OF STANDARD SCREENING FENCE ON LOT 13, BLOCK B-1, POPE PLACE UNIT 1, ALL AS MORE FOLLY SET FORTH IN THE CONTRACT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE -CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. That the City Manager be and be is hereby authorized to execute a contract with Roesler Enterprises, Inc., for deferred construc- tion of a portion of standard screening fence on Lot 13, Block B-1, Pope Place Unit 1, all as more fully set out in the contract, a copy of which is attached hereto and made a part hereof, marked Exhibit "A ". SECTION 2. The necessity to authorize the execution of the aforesaid contract in order to reduce to writing the understanding of the parties to said contract creates a public emergency and an imperative public necessity requiring the suspension of the Charter rule that no ordi- narica cr reeoiutioz c aij. be passed tinatiy-on the date Ct its introductIOLL - but that such ordinance or resolution shall be read at three 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 be passed finally on the date of its introduction and take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the of December, 1973. ATTEST* c City Secrets MAYOR THE CITY OF CORPUS CHRISTI, TEXAS APPRONO �_ AY F DEC ER 1973: C Attoraey U8135 RWC:jkh:12- 12 -73; 1st STANDARD SCREENING FENCE CONTRACT THE STATE OF TE US X COUNTY OF NUECES X WHEREAS, it is the desire of Roesler Enterprises, Inc. that the tract of land described herein shall be developed in accordance with the terms of the Zoning Ordinance of the City of Corpus Christi, but that full compliance with the screening fence regulations of said ordinance be temporarily waived until an existing fence encroachment problem is resolved; and WHEREAS, it is the desire of the City of Corpus Christi that Roesler Enterprises, Inc. be permitted to proceed with the development of its property and that certain screening fence requirements of said Zoning Ordinance be temporarily waived and that the City of Corpus Christi forego enforcement of the same until such time that the existing fence encroachment problem is resolved: NU W, TM=rORE, NNOW-ALL MEN BY THESE PRESENTS: This contract and agreement made and entered into in duplicate originals by and between Roesler Enterprises, Inc., a corporation authorized to do business in Nueces County, Texas, hereinafter called "Owner ", and the City of Corpus Christi, a municipal corporation and body politic duly organized and existing under the laws of the State of Texas, and situated in Nueces County, Texas, hereinafter called "City ", for and in consideration of the exchange of mutual covenants and conditions herein contained on the part of Owner and City to be kept and performed, the parties hereto do hereby covenant and agree as follows: 1. As fee owner of Lot 13, Block B -1, Pope Place Unit 1, Owner agrees to deposit with City, a sum of money equal to the cost of construction of a standard screening fence along the southeast line of the above described tract of land only to the extent that such southeast line abuts Lots 34, 36, 37 and 38, Block 1, Pope Place Unit 1. The cost of said fence construction shall beheld in trust by the City's designated depository, Corpus Christi Bank and Trust, with interest earned payable to Owner, for the use and benefit of Owner, the corpus of said trust to be used for the construction of a standard screening fence,the construction of said standard screening fence to commence when the City so directs and no later than upon the settlement of the existing fence encroachment problem. 2. In the event that Owner conveys or assigns its interest to any part or all of the land described herein, such conveyance or assignment shall transfer pro rata part or all, as the case may be, the deposit for fence construction as herein provided, and a copy of such conveyance or assignment shall promptly be mailed to the City Manager. The pro rata calculation shall be based on the ratio of linear footage conveyed and adjoining the said described lot to the total linear footage of fence along the southeast 1 --,-71iae of the above described tract of lend only to the extent that such �� southeast line abu a Lots 34, 36, 37 and 38, Block 11,, Pope Place Unit 1. 4,w .iii[ ��4/fv, GGw �� 3. I is hereby expressly agreed by Owner that failure to construct the standard screening fence as provided herein, save and except for an intervening act of God, shall cause the forfeiture of said deposit to the City, and that Owner hereby waives all equitable defences thereto. 4. That all of the above conditions shall be binding upon the %successors and assigns of the said Owner and each of them, and shall con- stitute covenants running with the land. WITNESS OUR HANDS, this the /txl, day of December, 1973. C1 ATTEST: ROESLER ENTERPRISES, INC. _�Z -7� By. President CITY OF CORPUS CHRISTI By City Secretary R. Marvin Townsend City Manager LAPPRO� A OF DE ER, 973: Ci Attorney • Corpus Christi, Texas • day of ,.tiP.2/, 19 7-� 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, MAYO 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. —g J. Howard Stark Q.�n" n 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