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Home My WebLink About11959 ORD - 03/20/1974JRR &d:3- 19- 74:lst AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH NOLAN'S FIRESIDE INN, INC., CONCERNING SCREENING FENCE REGULATIONS ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A COPY OF WHICH IS ATTACHED HERETO, MARRED EXHIBIT "A "; 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 he is hereby, authorized to enter into a contract with Nolan's Fireside Inn, Inc., concerning screening fence regulations on Block 28, Lots G, H, L and M, Bass Addition, in the City of Corpus Christi, all as more fully set forth 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 that development of certain properties may proceed without delay 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, 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 from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the.&—""day of March, 1974. ATTEST: l r City Sec et AP OVED: DAY OF MARCH, 1974: City Attorney MAYO THE CITY OF CORPUS CHRISTI, TEXAS 11959 STANDARD SCREENING FENCE CONTRACT THE STATE OF TEXAS X COUNTY OF NUECES X WHEREAS, it is the desire of Nolan's Fireside Inn, 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 adjoining vacant land be developed to residential uses; and WHEREAS, it is the desire of the City of Corpus Christi that the Nolan's Fireside Inn, 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 adjoining vacant land is developed with residential uses. NOW, THEREFORE; KNOW ALL MEN BY THESE PRESENTS: This contract and agreement made and entered into in duplicate originals by and between Nolan's Fireside Inn, Inc., hereinafter called Nolan's, a corporation of Nueces County, Texas, 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 Nolan's and the City to be kept and performed, the parties hereto do hereby covenant and agree as follows: 1. As fee owner of Block 28, Lots G, H, L and M, Bass Addition, otherwise known as 6818 Saratoga Road, Corpus Christi, Texas, Nolan's agrees to construct at their own cost a standard screening fence in full compliance with the screening fence regulation of the Zoning Ordinance of the City of Corpus Christi upon land immediately adjacent to adjoining property to be used for residential purposes, the construction of said standard screening fence to commence upon the issuance of a residential building permit for the development of residential improvements or use upon any land adjacent to and adjoining land described herein. Such fence construction shall be completed, with the exception of any intervening act of God, prior to the completion of the permitted residential construction on adjacent land. 2. It is hereby expressly agreed by"Nolan's and the City that failure to construct the standard screening fence as provided herein, save and except for an intervening act of God, shall, pursuant to this agreement.between the parties, cause the forfeiture of the certificate of occupancy.issued by the City for the above described premises and the forfeiture of the health certificate covering the premises. It shall also give the City the right_as if it were the owner of said premises, to remove or cause to be removed, all public utilities from said premises. In addition, in the event of such failure, Nolan's agrees to pay to the City, a liquidated penalty of One Thousand and 00 /100 Dollars ($1,000.00) for each thirty (30) day period that the fence remains unconstructed,'such thirty (30) day period to begin on the date of completion of the permitted residential construction on adjacent land. Furthermore, Nolan's understands and agrees, and does hereby, waive all legal and equitable defenses to the above penalties, save and except an intervening act of God. 3. Furthermore, in receipt of other valuable consideration separate and apart from that recited hereinabove and in further consideration of the City's granting the right of deferred con- struction of the screening fence, which is acknowledged as a valuable right to the undersigned, Nolan's does hereby covenant and *agree with the City, its successors, assigns and legal -2- representatives that Nolan's will never institute any suit or action at law or otherwise against the City nor institute, prosecute or in any way aid in the institution or prosecution of any claim, demand, action or cause of action for damages, costs, loss of service, expenses, or compensation for or on account of any damage, loss or injury either to person or property, or both whether developed or undeveloped, resulting or to result, known or unknown, which Nolan's ever had, now have or which its successors, assigns, or legal representatives hereafter can, shall or may have for, on or by reason of Nolan's failure to construct aforesaid screening fence as hereinabove agreed from the date of this covenant. 4. It is further agreed that all of the above conditions shall be binding upon the successors and assigns of the said Nolan's and each of them, and shall constitute covenants running with the land. WITNESS OUR HANDS this I., day of &1z I M/- /1, , 1974. ATTEST: NOLAN�'S�FIRESIDE INN, INC. wea." By ec etary H. Nolan Culp, President ATTEST: CITY OF CORPUS CHRISTI By City Secretary R. Marvin Townsend City Manager APPROVED: day of 1974: r [5� City Attor -3- • THE STATE OF TEXAS COUNTY OF NUECES X • BEFORE ME, the undersigned authority, on this day personally appeared H. NOLAN CULP President of Nolan's Fireside Inn, Inc., a Texas Corporation, -nown to me to be the person and officer whose name is subscribed to the fore- going instrument and acknowledged to me that the same was the act of the said Nolan's Fireside Inn, Inc., a Texas 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 the day or 1974. Notary Public in and yr Nueces County, Texas S,7RS. LOU V.ARGO Notary P.:ar ie end for N.... Cn.mt9. Terre THE STATE OF TEXAS X COUNTY OF NUECES X BEFORE VIE, the undersigned authority, on this day personally appeared R. MARVIN TO1%'NSEND, City Manager of the City of Corpus Christi, Texas, a municipal 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 and deed of said City of Corpus Christi for the purposes and consideration therein expressed and in capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of , 1974. Notary Public in and for ueces '• County, Texas -4- Corpus Christi, Texas .V day of 19 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 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 G� 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