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HomeMy WebLinkAbout12666 ORD - 06/25/1975jkh:6- 24 -75; 1st TEXAS: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH RUSTED RAIL, INC., CONCERNING SCREENING SHRUBBERY MAINTENANCE ON LOT B, MOUNT VERNON SUBDIVISION UNIT T, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, IN SUB- STANTIALLY THE FORM WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED 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 Rusted Rail, Inc., concerning screening shrubbery maintenance on Lot B, Mount Vernon Subdivision Unit No. 1, in the City of Corpus Christi, all as more fully set forth in the contract, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A ". SECTION 2. The necessity to authorize the execution of the afore- said 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 ordi- nance 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 ordi- nance 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 ~�� d y of June, 1975. ATTEST: y MAYOR THE CITY OF CORPUS CHRISTI, TEXAS AP OVED: �) DAY OF JUNE, 1975: Acting City Attorney 12666 Corpus Christi, Texas September 26, 1969 City of Corpus Christi Corpus Christi, Texas ATTENTION: Mr. R. Marvin Townsend, City Manager. Gentlemen: ; • �, 1969, Reference is made to your memorandum dated January 31,. addressed e ce yYm. Anderson„ Director of Planning,. concerning the E. Glin for?onirg the" F_y appli cation of the undersigned Roy Smith and _. S. Jo- ` .,;. p,olx:rty between South Padre,Island`Drive and,Mo -tot Vernon Drive' � between the Padre-Staples Mall and - Holmes Drive: - t_• , ... =;_ ; ; ` :'.•_. _ . -- - ff We agree and h5ge taken action,t&_close the dead-end - portion of }'v D %iow;t croon Drive beyond Janet Driye and provide `ari adequate °f all a ` cul -de -sac at the intersection ofJ anet and. Mount:Vernon Drives, `( "a" and "b': of `said memorandum:. mentioned in Paragraphs s ,ye agree, prior to the.use o� development o; the re -zo :ed property, to install a masonry fence along Mount t r.:on ?rive from the cul- de-sac at Janet Drive to and around d the 0 et?Co a a'a�ro s''t Holmes at its intersection Nvith Holmes Drive, Drive; to be 8 feet hi 3 from n' gh along Holmes Drive, rvand iusiall a around tlic curve, concrete sidewalk adjacent to said wall and in said ia1ymorand'sm C1ih all as mentioned in Paragraphs "c and "d" in A revised plat has been prepared by Joseph Hans and Associates to rcflec: the items described and agreed, to sl;ov�p, and copy of it is attached hereto.rt, yours very trul „' y nut g, S, Joslin -- � city manager Wm, raon, Director of Planning Marvin Tu-ansend, City Manager January 31, 1969 Roy Smith and Ennis Joslin Zoning 1. Please have someone contact Mr. Joseph Hans or Mr. Roy Smith and relate- the following: a. The City Council feels that the dead -end of Mt. Vernon Drive should be closed at the'same time the zoning is approved and thus if the owners desire it to be closed, an application for street closing is necessary. b. The Council feels, subject to a public hearing for the street ,closing, that a condition of the street closing should be an adequate partial cul -de -sac at the intersection of Janet and Mt. Vernon Drive and the elimination of the pavement on Mt. Vernon`Drive from Janet Drive to the property line. "This would mean that if a driveway is to be-maintained from;the garage on lot 11 to Mt. Vernon Drive, that the old pavement should be so modified that" it looks like a driveway and not -_ a city street.. a." a C. Tine Council is of the -opinion that the fence _ which should be ' requested should extend around the corner of Holmes and Mt. - Vernon and partially down Holmes Drive. - This fence should be low at the intersection and set back so that it will not provide a view obstruction.' d. The Council is of the opinion that a'sidewalk should be extended along Mt. Vernon Drive from Janet to Holmes and around Holmes to the end of the wall. :This sidewalk should - connect with the side- ytalk along Janet Drive. The. Council is of the opinion that the sidewalk should be adjacent to the wall unless the owners will agree to perpetual maintenance of the'strip along tit. Vernon Drive. If there is to-be perpetual maintenance, some type'of ca�oitment - should be received to assure this maintenance. ' e. These agreements should be in the form of a letter which will be- come a part of the building permit with,theunderstanding that.the certificate of occupancy will be withheld on the entire tract until this work is done.. .- f. As I understand both the applicant and the people in the area, even a pedestrian opening is not requested in'the fence between Janet Drive and Holmes Drive. This seems to be an inconvenience to the people along Janet Drive, but if that is their wish, then there should be no opening in the wall. 2. Please advise if these conditions are acceptable to the owners and, if so, when we should expect the application to close the street. R. Marvin T City Manager SCREENING SHRUBBERY MAINTENANCE CONTRACT THE STATE OF TEXAS X COUNTY OF NUECES x WHEREAS, it is the desire of Rusted Rail, Inc., that the tract of land described herein shall be developed in accordance with the spirit of commitment of Roy Smith and Ennis Joslin, dated September 26, 1969, but that the final portion of the three -foot high masonry wall one hundred feet (100'•) in length along Holmes Drive be removed and replaced with a twenty -four foot (24') driveway and a three to four -foot high screening shrubbery planting of pittosporum for a length of seventy -five feet (751) to the point of ending of the masonry wall replaced; and WHEREAS, it is the desire of the City of Corpus Christi that the Rusted Rail, Inc., be permitted to proceed with the development of its property and that certain masonry wall requirements be waived in favor of landscaped screening shrubbery: NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: This contract and agreement made and entered into by and between Rusted Rail, Inc., hereinafter called "Rusted Rail," 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 Rusted Rail and City to be kept and performed, the parties hereto do hereby covenant and agree as follows: 1. As lessee of portion of Lot B, Mount Vernon Subdivision Unit No. 1, otherwise known as 5102 South Padre Island Drive, Corpus Christi, Texas, Rusted Rail agrees to construct at their own cost a pittosporum shrubbery screen three feet to four feet in height along Holmes Drive, the beginning point to be at the end of the masonry fence being replaced and extending for a length of 75 feet in a northerly direction along Holmes Drive to a point 25 feet from the end of the masonry wall remaining. 3 failure to construct aforesaid screening shrubbery or masonry wall 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 Rusted Rail and each of them. WITNESS OUR HANDS in duplicate originals, this the day of > 1975. ATTEST: City Secretary APPROVED: DAY OF JUNE, 1975: Acting City Attorney ATTEST: Secretary THE STATE OF TEXAS X COUNTY OF NUECES x CITY OF CORPUS CHRISTI By R. Marvin Townsend /'K City Manager RUSTED RAIL, INC. By James L. Brozo, President BEFORE ME, the undersigned authority, on this day personally ap- peared 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 the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of June, 1975. Notary Public in and for Nueces County, Texas THE STATE OF TEXAS I COUNTY OF NUECES X BEFORE ME, the undersigned authority, on this day personally ap- peared JAMES L. BROZO, President of Rusted Rail, Inc., 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 Rusted Rail, 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. 1975. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of Notary Public in and for Nueces County, Texas Rusted Rail further agrees to perform necessary irrigation, fertilizing, replacement of plants, and other maintenance as necessary to ensure the attractive appearance and the screening effect of said shrubbery. Rusted Rail agrees to replace in its entirety the masonry wall previously existing in the event that the pittosporum shrubbery screen is abandoned or otherwise falls to be maintained in accordance with this contract. Rusted Rail agrees that the pittosporum shrubbery screen construction shall be completed, with the exception of any intervening act of God, prior to the completion of'.the permitted restaurant construction on adjacent land. 2. It is hereby expressly agreed by Rusted Rail and City that failure to construct or adequately maintain the pittosporum shrubbery screening as provided herein, save and except for an intervening act of Gods, 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 util£- ties from said premises. Furthermore, Rusted Rail 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 construction of the screening shrubbery in lieu of a portion of masonry wall, which is acknowledged as a valuable right to the undersigned, Rusted Rail does hereby covenant and agree with City, its successors, assigns and legal representatives that Rusted Rail will never institute any suit or action at law or otherwise against City nor institute, prosecute or in any way aid in the institution or prosecu- tion 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 Rusted Rail ever had, now have or which its successors, assigns, or legal representatives hereafter can, shall or may have for, on or by reason of Rusted Rail's -2- CORPUS CHRISTI, TEXAS o9 DAY OF TO THE MEWERS OF THE CITY COUNCIL Corpus CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORCINANCE, 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; 1, 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 DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE THE ABOVE ORDINANCE WAS PASSED B' JA30N LUBY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE OTE: