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HomeMy WebLinkAbout13794 ORD - 06/15/1977jkh•5- 31 -77; 1st
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 RESOLU-
TION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY
AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICA-
TION OF SEAVIEW MEDICAL ENTERPRISES, INC., BY GRANTING A
SPECIAL COUNCIL PERMIT FOR CONSTRUCTION AND MAINTENANCE
OF A HOSPITAL COMPLEX ON THE EDWIN E. CONNOR TRACT, SITUATED
IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, ALL
AS MORE PARTICULARLY DESCRIBED ON THE SITE PLAN, A COPY
OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED
EXHIBIT "B ", SUBJECT TO THE INDEMNIFICATION AGREEMENT BETWEEN
THE CITY OF CORPUS CHRISTI AND PARKVIEW GENERAL HOSPITAL,
INC., A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT "A ",
AND SUBJECT TO THE CONDITIONS SET FORTH HEREINAFTER; 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 Seaview
Medical Enterprises, Inc., for amendment to the zoning map of the City of
Corpus Christi, Texas; and
WHEREAS, 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 the
proper notice to the public, said public hearing having been held on
Wednesday, May 25, 1977, at Special Council Meeting of the City Council
in the Council Chambers 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,
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 herein-
after set out.
AUCROFILMED
ti - WL 0 7 1980 13734
SECTION 2. That the Edwin E. Connor Tract, according to the map
thereof of record in Volume 27, page 89, Map Records of Nueces County,
Texas, be granted a Special Council Permit for the construction and opera-
tion of a Hospital Complex, subject to the Indemnification Agreement between
the City of Corpus Christi and Parkview General Hospital, Inc., a copy of
which is attached hereto and marked Exhibit "A ", and made a part hereof
for all pertinent purposes; further subject to the site plan, a copy of
which is attached hereto, marked Exhibit "B ", and made a part hereof; 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 construc-
tion over a sanitary fill is concerned;
B. The rear portion of the property be continually main-
tained as a drained and grassed park area;
C. Lot 18, Block 2, Nanjean Park Unit 2, be continually
maintained and given a well kept appearance, which
shall only be used in case of an emergency;
D. Care of tubercular patients be prohibited;
E. The building be limited to heights as indicated on the
attached site plan;
F. The Special Permit be tied to the attached site plan;
G. The existing masonry walls be maintained and extended the
length of the developed area, with a cyclone fence on
the remainder of the property where fences do not now
exist;
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;
J. The trash area be located1the extreme east side of
the parking lot as indicated on the site plan;
K. That directional type light fixtures be used in the
parking area to shield the adjacent residences from any
direct light source; and
L. This Special Permit be subject to all conditions of "R -1B"
Zoning District.
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 the official zoning map of the City of Corpus
Christi, Texas, be and the same is hereby amended as herein ordained.
i
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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 con-
flict herewith are hereby expressly repealed.
SECTION 6. That the necessity of immediately making the afore-
said 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 introductim 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 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_ /d
day of June, 1977.
ATTEST:
GM Secretary
A R D:
DAY OF JUNE, 1977:
J. BRR%UrJCEE�A�YCCOCK, CITY ATTORNEY
By_4ICi�L W(g
Assistant City Attorney
K�Z� "_�
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
•
.F
INDEMNIFICATION AGREEMENT
tTHE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
,COUNTY OF NUECES
This agreement entered into by and between the City of
;Corpus Christi, acting by and through its duly authorized City
(Manager, R. MARVIN TOWNSEND, and PHYSICIANS AND SURGEONS GENERAL
jHOSPITAL OF CORPUS CHRISTI, INC., a Texas corporation, hereinafter
referred to as "Physicians and Surgeons General Hospital," acting
by and through its duly authorized officers: ROBERT VAN TUYLE,
President and ROBERT W. POMMERVILLE, Assistant Secretary
W I T N E S S E T H:
WHEREAS, Physicians and Surgeons General Hospital has
de 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 89, Map Records'.of Nueces
County, Texas, from "R 1B" One Family Dwelling District to "AB"
Professional Office District; and
i WHEREAS, public hearing has been held and the City Council
has denied said zoning as requested but in lieu thereof has approved
(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
Land Surgeons General Hospital, the receipt in hand of which is here-
�Iby acknowledged by Physicians and Surgeon General Hospital, the
GrX� .A
0
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
seneral 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
imposed herein shall be a covenant which will run with the land and
be binding on the successors and assigns of Physicians and Surgeons
General 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 9 day of 1974.
T: CITY OF CORPUS CHRISTI
4�—. 4-By ,
Sec t y Ln Town d
City Manager
VED AS T LEGAL FO THIS
DAY OF , 1974
PHYSICIANS AND SURGEONS GENERAL
HOSPITAL OF CORPUS CHRISTI, INC.
President
By
sistant Secretary
OF TEXAS )
)
OF NUECES ) ss.
BEFORE ME, the undersigned authority, on this day
rsonally appeared R. MARVIN TOWNSEND, City Manaqer of the City
Corpus Christi, Texas, known to me to be the person whose name
subscribed to the foregoing instrument and acknowledged to me
at he executed the same for the purposes and consideration
erein expressed, and in the capacity therein stated and as the
t and deed of said City. 1
20 GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE /� day
of , 1974,
21
22 —
Notary Public in and Ipt Nueces
County, Texas
{SIRS LOU NAB
24 STATE OF CALIFORNIA ) n,Lr vu�.+��aw
25 COUNTY OF LOS ANGELES ) ss.
26 On March 8 1974, before me, the undersign:,
a Notary Public in and for said state, personally appeared !I
27 Robert Van Tuyle , known to me to be the xxx President, and
Robert W. Pommerville , known. to me to be--Ts—sistant Secretary
28 of the corpor-a-t-i-o-F-ItTiat 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 I
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. /%�_ %�• , l ! ^�
32
OFFjol,%L sui - y
' u �lAi:DA M. PATERSON
—3— I r,orA,T pU =rIC ; AI60RNIpi
Irl
C4 1�z
MY CO :1 h•.li:.l'J:1 E:�P:RES JU':E 6• IMP
0 '..' . ." . .. " , ' 1� -, " 0
Corpus Christi, xas
day of 19�
tl
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 suspension 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 ordinance
finally on the date it is introduced, or at the present meeting of.the City
Council.
Respectfully,
MAYOR ,
THE CITY OF CORPUS CHRISTI, T XAS
The Charter rule was suspended by the following vote:
Jason Luby
Eduardo de Ases
David Diaz
Ruth Gill
Bob Gulley
Gabe Lozano, Sr.
Edward L. Sample
The above ordinance was passed by the ollowing vote:
Jason Luby
Eduardo de Ases
David Diaz
Ruth Gill
Bob Gulley
Gabe Lozano, Sr.
Edward L. Sample
13'794