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HomeMy WebLinkAbout12853 ORD - 10/15/1975• MM:p:10 /15/75:lst • AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE EASEMENT TO THE CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT WHEREBY SAID GRANTEE MAY UTILIZE A PORTION OF THE PUBLIC RIGHT OF WAY ALONG THE SOUTH SIDE OF LEOPARD STREET, BETWEEN TANCAHUA AND CARRIZO STREETS, FOR THE INSTALLATION OF'A FLAGPOLE, ALL AS IS MORE FULLY SET FORTH IN THE REVOCABLE EASEMENT , A SUB- STANTIAL COPY OF 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 and directed to execute, for and on behalf of the City of Corpus Christi, a revocable permit to the Corpus Christi Independent School District whereby said grantee may utilize a portion of the public right of way along the south side of Leopard Street, between Tancahua and Carrizo Streets, for the installation of a flagpole, all as more fully set forth in the Revocable Easement, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A ". SECTION 2. The necessity for making the area described in said revocable permit immediately available for the purposes outlined therein 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 45 _Zay of October, 1975. ATTEST: C Secret ~ MAYO THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: 1-� DAY OF OCTOBER, 1975: i C Vf orney 12853 • REVOCABLE EASEMENT THE STATE OF TEXAS 1( KNO14 ALL MEN BY THESE PRESENTS: COUNTY OF NUECES I That the City of Corpus Christi, acting by and through its duly authorized City Manager, R. Marvin Townsend, for and in consideration of the sum of One Dollar ($1.00) to it in hand paid by the Corpus Christi Independent School District of Corpus Christi, Nueces County, Texas, the receipt of which is hereby acknowledged and confessed, has granted, sold and conveyed and by these presents does grant, sell and convey, upon the conditions hereinafter stated, unto the said Corpus Christi Independent School District the right to install and maintain a flag pole in public right -of -way along the south side of Leopard Street between Tancahua and Carrizo Streets, in substantial compliance with the sketch attached hereto and made a part hereof. TO HAVE AND TO HOLD the same unto the Corpus Christi Independent School District, its successors and assigns, together with the right and privilege under the conditions and terms hereof, at any and all times to enter upon the above described right of way for the purpose of maintaining said flag pole, and it is further understood that the foregoing easement and right is granted upon the following conditions: A. It is understood and agreed that the easement hereby granted may be revoked at any time by the City of Corpus Christi. B. That the Grantee will save and keep harmless the City of Corpus Christi from any and all claims for liability by reason of the installation, use of and maintenance of said flag pole. C. That the use of said area hereby granted shall in no way interfere with the operation by the City, or other company holding a valid franchise from the City, of any utility lines or the maintenance thereof. 44&" a O4 ?&- n IN TESTIMONY WHEREOF, the City of Corpus Christi has caused these presents to be executed on this the day of , 1975. ATTEST: CITY OF CORPUS CHRISTI By City Secretary R. Marvin Townsend, City Manager APPROVED: , 1975 City Attorney THE STATE OF TEXAS J( COUNTY OF NUECES j( BEFORE ME, the undersigned authority, on this day personally appeared R. MARVIN TOWNSEND, known to me to be the City Manager of the City of Corpus Christi, Texas, and the same person who signed the foregoing instrument, and acknowledged to me that he executed the same as the act of the City of Corpus Christi, and as City Manager thereof, for the purposes and consideration therein expressed. Given under my hand and seal of office, this the day of . 1975. Notary Public in and for Nueces County, Texas. The above grant and easement is hereby accepted this the day of , 1975, by the Corpus Christi Independent School District and said Grantee agrees to keep and perform the conditions imposed by said grant and easement and it is bound by all of the terms of the same. ATTEST: CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT Secretary THE STATE OF TEXAS Y COUNTY OF NUECES BEFORE ME, the undersigned authority, on this day personally appeared , known to me to be the person who signed the above instrument and he acknowledged to me.that the same was executed for the purposes and consideration therein expressed, and in the capacity of Given under my hand and seal of office, this the day of , 1975. Notary Public in and for Nueces County, Texas • • Kf r. .4 Fz LEOPARD STREET F CUR f COL Lim �j rfz,) C= • • CORPUS CHRISTI, TEXAS Y of Ll cJ 9 � TO THE WASERS 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 18 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- HANCE 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 BY THE FOLLOWING VOTE: JASON LUBY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GAGE LOZANO, SR. EDWARD L. SAMPLE