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.
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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
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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.
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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
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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
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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
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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,