HomeMy WebLinkAbout14531 ORD - 09/27/1978JB:jkh:hb:9 /27/78
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M AN ORDINANCE r:
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 NO. 6106, AS AMENDED, UPON'APPL,ICATION OF
SEAVIEW MEDICAL ENTERPRISES, INC „ BY GRANTING A
SPECIAL COUNCIL PERMIT FOR THE ADDITION OF A HOSPITAL
COMPLEX ON THE EDWIN E. CONNOR TRACT IN THE CITY OF
CORPUS CHRISTI, NUECES COUNTY, TEXAS, SUBJECT TO
EXECUTION OF THE INDEMNIFICATION AGREEMENT ATTACHED -
AND MADE PART OF THIS ORDINANCE, SUBJECT TO THE
PLAT ATTACHED TO AND MADE A PART OF THIS ORDINANCE,
AND SUBJECT TO OTHER STATED CONDITIONS; KEEPING IN
EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDI-
NANCE AS AMENDED; REPEALING ALL ORDINANCES IN
CONFLICT HEREWITH; AND DECLARING AN EMERGENCY.
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WHEREAS, the YPlanning Commission has forwarded to the City ,
Council its reports and recommendations concerning the application of
Seavietia Medical4 Enterprises, Inc. for amendment to the
zoning map of the City of Corpus Christi; 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 proper
notice to the public, said public hearing having been held on Wednesday ,
September 27, 1978 , at Regular Council Meeting of the City
Council in the Council Chamber 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 dthe hereinafter set forth
amendment'would best ,serve public health,' necessity and convenience and .
the general welfare of ,the City of Corpus' Chiigti and its citizens: '
NOW, THEREFORE, BE IT ORDAINED BY.THE CITY COUNCIL,OF THE CITY OF
CORPUS CHRISTI, TEXAS: , .G y '
SECTION 1. That"the Zoning Ordinance of the City of Corpus
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Christi, Texas, passed on.the 27tli. 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 amende�b
making the change hereinafter-set *out.
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SECTION 2. That a Special Council Permit for the construction
and operation of a hosuital complex be granted for the Edwin E. Connor
Tract, situated in the 4600 block of Weber Road, Corpus Christi, Texas,
described in Volume 27, Page 89, Map Records of Nueces County, Texas, sub-
ject to execution of the Indemnification Agreement between the City of
Corpus Christi and Seaview Medical Enterprises, Inc., a substantial copy
of which is attached`hereto, marked Exhibit "A ", and made a part hereof;
further subject to the plat approved by the Planning Commission, a copy of
which is attached hereto, marked Exhibit "B" and made a part hereof; ands
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 construction
over a sanitary fill is concerned;
B. The rear portion of the property be continually maintained
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 located the 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 -.16"
Zoning District;
M, Lowering of the masonry fence along the north boundary,
line of said property in order to remove the traffic
hazard,
In the event the Board of Adjustment grants any special
exception or variance to the Zoning Ordinance, applicable to the property
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included in the Special Permit herein granted, other than the one speci-
fied 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.
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 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 and that such ordinance or resolution shall be read at three
several meetings of the City Council, and the Mayor having declared that
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
day of September 19-1a.
ATTEST:
Cit Secretary MAYOR
APPROVED:
E CI OF �Q RPUS CHRISTI, TEXAS
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27th DAY OF September , 1978
J. BRUCE AYCOCK, CITY ATTORNEY
By D(�)
Assistant Ci torney
INDEMNIFICATION AGREEMENT +,.
THE STATE OF TEXAS I
COUNTY OF NUECES I KNOW ALL MEN BY THESE PRESENTS;
This agreement entered into by and between the City of Corpus
Christi, hereinafter "City" acting by and through its duly authorized City
Manager, R. MARVIN TOWNSEND, and SEAVIEW MEDICAL ENTERPRISES, INC., a Texas
corporation, hereinafter "Seaview ", acting by and through its duly authorized
officers:
WITNESSETH_
WHEREAS, Seaview has made application to the City Council of
the City 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
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 Seaview is the agreement by Seaview 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 con-
struction:
NOW, THEREFORE, be it mutually agreed that for and in consideration
of the issuance of a Special Permit by the City Council of the City for
the use and benefit of Seaview, to construct and operate a hospital and
doctors' office building on the Edwin E. Connor Tract located in Corpus
Christi, Nueces County, Texas, and independently 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 Seaview, the
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receipt in hand of which is hereby acknowledged by Seaview, and the said
Seaview 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 Seaview.
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. Seaview expressly reserves
the right to proceed against third parties, without limitation (excepting
only the City of Corpus Christi), for any loss incurred by it by virtue of
such construction,
WITNESS OUR HANDS this the day of 1978.
ATTEST: CITY OF CORPUS CHRISTI
City Secretary
APPROVED:
DAY OF 1978:
J. BRUCE AYCOCK, CITY ATTORNEY
BY
Assistant City Attorney
ATTEST:
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By
R. Marvin Townsen , City Manager
SEAVIEW MEDICAL ENTERPRISES, INC.
By
Dr. Cecil A. Childers, M.D.,
President
r, James M. May, M, D.,
Secretary
STATE OF TEXAS
COUNTY OF NUECES j
BEFORE ME, the undersigned authority, on this day personally
appeared R, MARVIN TOWNSEND, CITY MANAGER of the City of Corpus Christi,
Texas, known to me to be the person whose name is subscribed to the fore-
going instrument and acknowledged to me that he executed the same for the
purposes and consideration therein expressed, and in the capacity therein
stated and as the act and deed of said City.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE day ,
of 1978,
Notary Public in and for Nueces County,
Texas
STATE OF
COUNTY OF
BEFORE ME, the undersigned authority, on this day personally
appeared DR. CECIL A CHILDERS, PRESIDENT of Seaview Medical Enterprises, Inc.,
a Corporation, known to me to be the person whose name is subscribed to
the foregoing instrument and acknowledged to me that he executed the same
on behalf of the Corporation and for the purposes and consideration therein
expressed, and in the capacity therein stated and as the act and deed of
said Corporation,
-- GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE day of
, 1978.
Notary rUD11C In and for Nueces County,
Texas
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Corpus Christi, Tex
aZday of 192.1
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,
THE CITY
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The Charter rule was suspended
Gabe Lozano, Sr.
Bob Gulley
David Diaz
Ruth Gill
Joe Holt
Tony Juarez, Jr.
Edward L. Sample
The above ordinance was passed
Gabe Lozano, Sr.
Bob Gulley
David Diaz
Ruth Gill
Joe Holt
Tony Juarez, Jr.
Edward L. Sample
14531
, TEXAS