HomeMy WebLinkAbout12407 ORD - 12/26/19740 JRR:vp:12 /24/74:2d
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 N0. 61o6, AS AMENDED, UPON APPLICATION OF
JOHN F. NICHOLSON, AND GRANTING AN EXCEPTION TO THE
STANDARD SCREENING FENCE REQUIREMENT ON THREE SIDES
OF LOT 1, YORKWALD ACRES, SITUATED IN THE CITY OF
CORPUS CHRISTI, NUECES COUNTY, TEXAS; WAIVING THE
REQUIREMENT OF THE MONETARY DEPOSIT, AND AUTHORIZING
AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT
WHEREBY OWNER AGREES TO CONSTRUCT THE REQUIRED FENCE
IN THE EVENT ADJACENT PROPERTY IS DEVELOPED RESIDEN-
TIALLY, A COPY OF WHICH CONTRACT IS ATTACHED HERETO
AS EXHIDIT "A" AND MADE A PART HEREOF THE SAME AS IF
WRITTEN HEREIN; KEEPING IN EFFECT ALL OTHER PROVIS-
IONS 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
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its reports and recommendations concerning the application of John F. Nicholson
for amendment to the zoning map of the City of Corpus Christi; and
WHEREAS, public hearing was held at which hearing all persons
wisbing 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, December 18,
1974, at Special Council Meeting of the City Council in the Council Chamber
at City Hell 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, at 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 an exception be granted to the standard screening
fence requirement along three sides of Lot 1, Yorkwald Acres, located on the
east side of Waldron Road, fronting west on Waldron Road 640 feet north of
Yorktown Boulevard, situated in the City of Corpus Christi, Nueces County,
Texas, and that the requirement of a monetary deposit also be waived. That
the City Manager is hereby authorized and directed to execute a contract whereby
the owner agrees to construct the required fences in the event the adjacent
property is developed residentially, a copy of which contract.is attached hereto
as Exhibit "A" and made a part hereof the same as if written herein.
SECTION 3. That the official zoning map of the City of Corpus
Christi, Texas, be, and the same is hereby amended as herein ordadned.
SECTION k. 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, shell 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 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 &/ kay of 1972
ATTEST-
-OR
Secret y MAY
THE ITY OF CORPUS CHRISTI,
TI,
:
P� DAY OF , 197
0,0(, /�C� City Attorney
STANDARD SCREENING FENCE CONTRACT
THE STATE OF TEXAS X
COUNTY OF NDECES X
jdHF.RF.AS, it is the desire of John F. Nicholson 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
John F. Nicholson be permitted to proceed with the development of his
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; and
WHEPY —kS, John F. Nicholson.is the Owner of record and United
Savings Association is a lienholder of record on the hereinafter described
property; and
NOW, THEREFORE, RNOw ALL MEN BY THESE PRESENTS:
This contract and agreement made and entered into in triplicate
originals by and between United Savings Association, a corporation of
Nueces County, Texas, lienholder, John F. Nicholson, 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 the City to be kept and performed,
the parties hereto do hereby covenant and agree as follows:
1. Owner of Lot 1, Yorkwald Acres, a division out of Lot 10,
Section 52, Flour Bluff and Encinal Farm and Garden Tracts and located
on the east side of Waldron Road, fronting west on Waldron Road, 640 feet
north of Yorktown Boulevard, Corpus Christi, Texas, agrees to construct at
his 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
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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 Owner 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. 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, Owner agrees to pay to tha City,
a liquidated penalty of One Thousand and 00 /100 Dollars ($1,000.06) 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, Owner 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 con-
sideration of the City's granting the right of deferred construction of
the screening fence, which is acknowledged as a valuable right to the under
signed, Owner does hereby covenant and agree with the City, its successors,
assigns and legal representatives that Owner 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 Owner ever had, now have or which
Its successors, assigns, or legal representatives hereafter can, shall or
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may have for, on or by reason of Owner 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 Owner and each of
them, and shall constitute covenants running with the land.
WITNESS OUR HANDS this day of , 1974.
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JOHN F. NICHOLSON, OWNER
UNITED SAVINGS ASSOCIATION,
ATTEST: LIE'NHOLDE[t
ATTEST:
By,
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CITY OF CORPUS CHRISTI
By
City Secretary R. Marvin Townsend
City Manager
APPROVED:
DAY OF 1974:
City Attorney
THE STATE OF TERAS X
'COUNTY OF NQECES X
BEFORE HE, the undersigned authority, on this day personally
appeared R. S. McCracken of United Savings Association, a
Texas 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 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 24th day
of December , 1974.
\ Not Public in and for Nueces County
Texas
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THE STATE OF TEXAS X
COW. TY OF NUECES X
BEFORE ME, the undersigned authority, on this day personally
appeared R. MARVIN TOWNSEND, 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 NAND AND SEAL OF OFFICE this the day of
. . 1974.
Notary Public in and for Nueces
County, Texas
THE STATE OF TEXAS X
COUNTY OF NUECE.S X
BEFORE ME, the undersigned authority, on this day personally
appeared JOHN F. NICHOLSON, known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that he
executed the same for the purposes and consideration therein expressed.
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GIVEN UNDER MY NAND AND SEAL OF OFFICE, this the �6 _ ,day
Of`- J= r_f..,n.l'�1'./ , 1974.
N ry blic in and for Nueces.: -;
County, Texas
JCiYCE K. BALE
n �Ey R h1k. in and t= No Couoy. Tens
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Corpus Christi, Texas
L
_day of , 192.4
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
Gabe Lozano, Sr.
J. Howard Stark z
The above ordinance was passed by the following vote:
Jason D1by
.r. mes T. Acuff
Rev. Harold T. Branch
Thomas V. Gonzales
Ricardo Gonzalez
Gabe Lozano, Sr.
J. Howard Stark