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Home My WebLink About12362 ORD - 11/20/19746 i, JRR:vMR:11- 20- 74;1ST AN ORDINANCE ABANDONING THAT PORTION OF A 20 -FOOT UTILITY EASEMENT AISD THE 2 -INCH GAS AND 6 -INCH SANITARY SEWER LINES THEREIN IN THAT PORTION OF A PRIVATE SERVICE DRIVE LOCATED BETWEEN LOTS 3 AND 8, AND LOTS 9 THROUGH 10, BLOCK $, ROOSEVELT ADDITION, SUBJECT TO RELOCATION BY THE NUECES NATIONAL BANK OF THE 6 -INCH SEWER LINE TO SERVE.i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°A ", ATTACHED HERETO AND MADE A PART HEREOF, BE AND THE SAME IS HEREBY CLOSED FOR EVERY MUNICIPAL PURPOSE AND ABANDONED TO THE OWNERS OF THE ABUTTING P OPERTY, CONDITIONED, HOWEVER, ON THE ABUTTING OWNER, NUECES NATIONAL BANK, ROVIDING AT ITS OWN EXPENSE THE RELOCATION OF THE SIX -INCH SEWER LINE TO SERVE THE ADJACENT DEPARTMENT OF PUBLIC SAFETY BUILDING, AND FURTHER CONDITIONED UPON THE BANK'S EXECUTING OF 12362 i t AN AGREEMENT HOLDING THE CITY HARMLESS FOR ANY DAMAGE CAUSED BY THE TWO LINES HEREIN DESCRIBED, PROPOSED TO BE ABANDONED. SECTION 2. IF FOR ANY REASON ANY SECTION, PARAGRAPH, SUBDIVISION, CLAUSE, PHRASE, WORD, OR PROVISION OF THIS ORDINANCE SHALL BE HELD INVALID OR UNCONSTITUTIONAL BY FINAL JUDGMENT OF A COURT OF COMPETENT JURISDICTION IT SHALL NOT AFFECT ANY OTHER SECTION, PARAGRAPH, SUBDIVISION, CLAUSE, PHRASE, WORD,OR PROVISION OF THIS ORDINANCE, FOR IT IS THE DEFINITE INTENT OF THIS CITY COUNCIL THAT EVERY SECTION, PARAGRAPH, SUBDIVISION, CLAUSE, PHRASE, WORD, OR PROVISION HEREOF BE GIVEN FULL FORCE AND EFFECT FOR IT.S PURPOSE. SECTION 3. THE FACT THAT THE PUBLIC CONVENIENCE AND NECESSITY WOULD BE BETTER SERVED BY THE CLOSING OF THE AFORESAID EASEMENT 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 TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE oC® 9 DAY OF NOVEMBER, 1974. ATTEST: - g'a C SECRETA MAYOR THE CITY OF CORPUS CHRISTI, TEXAS AP VED: DAY OF NOVEMBER, 1974; 44�i& EXEC. ASS%CITY ATTORNEY I • %�/ � ¢Ga�j �e'907 �Gol O p1r) i 3 Si . • + �y o o c� hl O _ ``O /� N ••./ �i3L'4Al„�• i y) •� ' � 'Js '22 • P - W it J y o - N m ! Q N 2� 0 to 17e 1d I � � •�� r � �J.4Z .00's�r ,� � .., ' e 3R 6�j�� tG 22., j - - � � J ��✓t , j lfj9(f s� 81d Line _ R� p .�55. •• 2y rR E r. o �' 0' 2 �b oo• 1 — aura • MU . u0� •O - �e `�32. n f� s "• �'� gyp"` IM g ' --- - - -� ` 7: ya �j � �a�S C � `��y�.y • f•• _ JRR:MLM:jkh:11- 19 -74; 1st RELEASE AND INDEMNITY AGREEMENT THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS COUNTY OF NUECES X For and in consideration of the sum of One Dollar ($1.00) to us in hand paid by or on behalf of the City of Corpus Christi, the receipt of which is hereby acknowledged, the undersigned, being of lawful age, and duly authorized to execute this release and agreement, hereby fully and forever release and discharge the said City of Corpus Christi, its administrators, executors, servants or employees, successors or assigns in any way arising from any and all injuries, losses and damages to person and property sustained or received as a result of the abandonment of a portion of a 20 -foot utility easement and the two -iucb gas and six -inch sanitary sewer lines therein in that portion of a private service drive located between Lots 3 through 8, and Lots 9 through 10, Block 4, Roosevelt Addition, situated in the City of Corpus Christi, Nueces County, Texas, as more fully authorized in Ordinance No. 2,3(0 , passed and approved by the City Council of the City of Corpus Christi on November 20, 1974. In further consideration of the above payment, the undersigned hereby agree to save harmless and indemnify the said City of Corpus Christi of and from any and all expense arising because of any claim which may hereafter be presented by anyone for loss and damage or personal injury as a result of the passage of said Ordinance No. 12362 or execution of its terms. It is also understood and agreed that the payment of the above sum is only for the purpose of a compromise and is not in any way to be construed as an admission of liability on the part of the City of Corpus Christi. The undersigned hereby declares that the terms of this settlement are fully understood and that said sum is voluntarily accepted for the pur- pose of making a full and final compromise, adjustment and settlement as hereinabove set forth. WITNESS our hand this the day of , 1974, at Corpus Christi, Texas. ATTEST: NUECES NATIONAL BANK By Secretary THE STATE OF TEXAS X COUNTY OF NUECES X President Before me, the undersigned authority, on this day personally appeared , President of Nueces National Bank, a Texas banking corporation, 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 Nueces National Bank, 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 of November, 1974. Notary Public in and for Nueces County, Texas Corpus Christi, Texas .0 ay o f ` , 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, TE 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 fo lowing vote: Jason D,I y Jwmes T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark __!