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HomeMy WebLinkAbout12024 ORD - 04/24/1974 (3)'I bc d:12-12-73:lst AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF PHYSICIANS & SURGEONS GENERAL HOSPITAL BY GRANTING A SPECIAL PERMIT ON THE EDWIN E CONNOR TRACT, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, SUBJECT TO THE TERMS AND CONDITIONS HEREIN- AFTER MORE FULLY SET OUT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Physicians & Surgeons General Hospital for amendment to the zoning map of the City of Corpus Christi; and TfREREAS, public hearing was held at which hearing all persons wishing to appear and be heard were heard, to consider the same before the City Council of the City of Corpus Christi, in accordance with proper notice to the public, said public hearing having been held on Wednesday, October 31, 1973, at Regular Council Meeting of the City Council in the Council Chamber at City Hall in the City of Corpus Christi; and WHEREAS, by motion duly made, seconded and carried, it was decided by the City Council that to approve the hereinafter set forth amendment would best serve public health, necessity and convenience and the general welfare of the City of Corpus Christi and its citizens: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, passed on the 27th day of August, 1937, appearing of record in Volume 9, Pages 565, et seq, of the Ordinance and Resolution Records, as amended from time to time, and in particular as amended by Ordinance No. 6106, as amended, be and the same is hereby amended by making the change hereinafter set out. 12024 SECTION 2. That a Special Permit for the operation of a hospital and doctor's office building on the Edwin E. Connor Tract, in the City of Corpus Christi, Nueces County, Texas, be granted in accordance with the approved site plan, a copy of which is attached hereto, marked Exhibit and made a part hereof, subject to the Indemnification Agreement between City of Corpus Christi and Physicians & Surgeons General Hospital, a copy of which is attached hereto, marked Exhibit "A ", and made a part hereof for all pertinent purposes, subject to all other conditions of "AB" Professional Office District; and further subject to the conditions hereinafter more particularly set out: A. Compliance with all conditions imposed by the Department of Engineering and Physical Development where construction over a sanitary fill is concerned. B. The rear portion of the property be continually maintained as a drained and grassed area, this being a condition of the original Special Council Permit granted November 11, 1959. C. Lot 18, Block 2, Nanjean Park Unit 2, be continually maintained and given a well kept appearance. D. Care of tubercular patients be prohibited. E. Building heights are restricted in accordance with those set forth on the attached site plan. E. The Special Permit be tied to the site plan attached. G. The existing masonry wall be extended and maintained the length of the developed area. H. All roads and parking areas in the area be surfaced and maintained with asphalt. I. That no certificate of occupancy be issued until full compliance with all conditions. In the event the Board of Adjustment grants any special exception or variance to the Zoning Ordinance, applicable to the property included in the Special Permit herein granted, other than the one specified in this Special Permit, said Special Permit will be void and of no force and effect whatsoever. SECTION 3. That a notation be made on the official Zoning Map of the City of Corpus Christi, Texas, reflecting the Special Council Permit as herein granted. SECTION 4. That the Zoning Ordinance and Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as herein changed shall remain in full force and effect. SECTION 5. That all ordinances or parts of ordinances in conflict herewith are hereby expressly repealed. SECTION 6. That the necessity of immediately making aforesaid change for the purpose of maintaining at all times a comprehensive zoning ordinance for the City of Corpus Christi, 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 and 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 , 1974. ATTEST: City Secretary MAYOR Lj— THE CITY OF CORPUS CHRISTI, APPROVED ,AS TO LE FO THIS THE DAY OF , 1974: As`rf City Attorney •II • INDEMNIFICATION AGREEMENT PHE STATE.OF TEXAS I KNOW ALL MEN BY THESE PRESENTS: 3OUNTY OF NUECES D This agreement entered into by and between the City of ,orpus Christi, acting by and through its duly authorized City Manager, R. MARVIN TOWNSEND, and PHYSICIANS AND SURGEONS GENERAL iOSPITAL OF CORPUS CHRISTI, INC., a Texas corporation, hereinafter ^eferred to as "Physicians and Surgeons General Hospital," acting )y and through its duly authorized officers: ROBERT VAN TUYLE, ?resident and ROBERT W. POMMERVILLE, Assistant Secretary W I T N E S S E T H• WHEREAS, Physicians and Surgeons General Hospital has nade application to the City Council of the City of Corpus Christi for rezoning of the Edwin E. Connor Tract, according to the map thereof of record in Volume 27, Page 8g, Map Records of Nueces ,ounty, Texas, from "R -lB" One Family Dwelling District to "AB" Professional Office District; and WHEREAS, public hearing has been held and the City Council has denied said zoning as requested but in lieu thereof has approve the issuance of a Special Permit, subject to certain conditions as set forth in the ordinance authorizing said permit; and WHEREAS, among the conditions imposed by the City Council for the granting of a Special Permit to Physicians and Surgeons General Hospital is the agreement by the hospital to hold the City harmless from any liability as the result of construction over a sanitary fill and the agreement by the hospital to indemnify the City in the event of any loss incurred by the City as a result of such construction; and WHEREAS, independently and apart from the issuance of said Special Permit, for value received and other good and valuable con- sideration delivered by the City of Corpus Christi to Physicians and Surgeons General Hospital, the receipt in hand of which is here by acknowledged by Physicians and Surgeon General Hospital, the C� said hospital agrees to hold the said City harmless from any charge debt, claim, or liability arising from the construction of any improvement on or over the covered sanitary landfill heretofore maintained and operated by the said City on the premises described and further agrees to indemnify the said City in the event of any loss incurred by the-said City as a result of such construction: NOW, THEREFORE, be it mutually agreed that for and in con- sideration of the issuance of a Special Permit by the City Council of the City of Corpus Christi, Texas, for the use and benefit of Physicians and Surgeons General Hospital, to construct and operate a hospital and doctors' office building on the Edwin E. Connor Tract located in Corpus Christi, Nueces County, Texas, and inde- pendently. and apart from the issuance of said Special Permit, for value received and other good and valuable consideration delivered by the City of Corpus Christi to Physicians and Surgeons General Hospital, the receipt in hand of which is hereby acknowl- edged by Physicians and Surgeons General Hospital, the said Physicians and Surgeons General Hospital, hereby agrees to hold the City harmless from any and all claims, leases, causes of action and costs resulting from the construction of a hospital and doctors' office building over a sanitary fill, and further agrees to indemnify the City for any loss incurred by it by virtue of such construction. It is expressly understood and agreed that the obligations sed herein shall be a covenant which will run with the land and} e binding on the successors and assigns of Physicians and Surgeonsll Hospital. Further, it is expressly agreed that this agreement is for the protection of the City of Corpus Christi and it is not intended or made for the benefit or enforcement of third parties. Physicians and Surgeons General Hospital expressly reserves the right to proceed against third parties, without limitation (except- ing only the City of Corpus Christi), for any loss incurred by it by virtue of such construction. -2- • 1 2 3 4 5 6 7 • WITNESS OUR HANDS this the S- day of 1974 CITY OF CORPUS CHRISTI VED AS TO LEGAL FORM THIS DAY OF , 1974 By R. Marvin Townsend City Manager 8 j PHYSICIANS AND SURGEONS GENERAL HOSPITAL OF CORPUS CHRISTI, INC. 9 _ 10 BY President 11 - 12 BY �� =� ✓yam 4 13 Assistant Secretary 14 STATE OF TEXAS ) 15 COUNTY OF NUECES ) ss. 16 BEFORE ASE, the undersigned authority, on this day personally appeared R. 14ARVIN TOWNSEND, City Manager of the City 17 of Corpus Christi, Texas, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me 18 that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated and as the 19 act and deed of said City. 20 GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE day of , 1974. 21 a 22 Notary Public in and for Nueces 23 County, Texas 24 STATE OF CALIFORNIA ) 25 COUNTY OF LOS ANGELES ) ss. 26 On March 8' 1974, before me, the undersigned a Notary Public in and for said state, personally appeared 27 Robert Van Tuyle , known to me to be the xxx President, and Robert W. Pommerville , known. to me to be— 75—sistant Secretary 28 of the corporation tTiat executed the within instrument, known to me to be the persons who executed the within instrument on behalf of 29 the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its bylaws 30 or a resolution of its board of directors., 31 WITNESS my hand and official seal.°- - 32 -- - -- —� OFFFI CIA L S�AI I WANDA M. PATERSON —3_ -� y�a�c'P�.',: NJ fAR'i PU3lIC . CALIFORNIA --1; •l PFI:I':'FAt UrF'CE !N ` —_ CO JPUY ` OF t')3 nlIC ELES ,Ay OO..!&JMION EXPIRES JUNE 6, 1975 II • Corpus Christi, Texas ' (sl day of , 19—ZZ 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 al g Rev. Harold T. Branch �/� Thomas V. Gonzales ,/ Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark The above ordinance was passed by the following vote: s / VIVA FAR V, Jason Luby James T. Acuff Rev. Harold T. Branch a� Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark s / VIVA FAR V,