HomeMy WebLinkAbout04042 ORD - 01/12/1955IMS.AC:112 /28/54
AN ORDINANCE
GRANTING TO RAY PETERSON A FRANCHISE TO USE PORTIONS
OF THE ALLEY RUNNING THROUGH BLOCK 15, CUIPER ADDITION,
AT THE POINTS WITHIN THE LIMITS HEREIN SET FORTH FOR
THE INSTALLATIONS OF REFRIGERATION EQUIPMENT AND APPLI-
ANCES; PROVIDING FOR FORFEITURE OF THE FRANCHISE IN
CASE OF FAILURE 019 THE PART OF THE GRANTEE TO OBSERVE
THE TERMS AND RESTRICTIONS OF THE ORDINANCE SETTING OUT
THE TERMS AND CONDITIONS THEREOF; AND PROVIDING FOR
PUBLICATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRIS TI,
TEXAS: e
SECTION 1. THAT RAY PETERSON, OF THE CITY OF CORPUS CHRISTI, OE,
AND HE 15 HEREBY GRANTED THE RIGHT TO BUILD, MAINTAIN AND USE REFRIGERATION
EQUIPMENT AND APPLIANCES ADJACENT TO AND AT SUCH POINTS AS ARE HEREINAFTER
PROVIDED IN THE DESIGNATED ALLEYWAY RUNNING THROUGH BLOCK 15, CUIPER ADDITION,
IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, UNDER THE FOLLOWING
TERMS AND RESTRICTIONS:
FIRST. THE TERM OF THIS GRANT SHALL BE FOR FIVE (5) YEARS FROM
THIS DATE.
SECOND: THE REFPIGERATIO14 EQUIPMENT AND APPLIANCES SHALL BE
PLACED, ERECTED AND MAINTAINED IN SUCH MAIINER AND IN SUCH PLACES AS NOT TO
UNREASONABLY INTERFERE WITH THE USE OF THE ALLEYWAY BY THE CITY OF CORPUS
.. CHRISTI, OR THE INHABITANTS THEREOF; AND THE PLACING, CONSTRUCTION AND
MAINTENANCE OF SAID EQUIPMENT AND APPLIANCES, INCLUDING THE ATTACHMENTS
UPON THE SAME, SHALL AT ALL T114ES BE SUDJECT TO THE CONTROL OF THE CITY
COUNCIL AND APPROPRIATE CITY OFFICIALS OF THE CITY OF CORPUS CHRISTI, TEXAS,
IN ORDER TO PROTECT THE RIGHTS AND CONVENIENCES OF THIRD PARTIES AND THE
PUBLIC GENERALLY WITHIN SUCH CITY.
THIRD: THE RIGHTS HEREBY GRANTED SHALL APPLY TO AND OCCUPY ONLY
i
THE FOLLOWING AREAS, NU1113ERINF 1 AMC 2, RESPECTIVELY:
NO. 1. BEING THE SOUTHEAST SEVEN (7) FEET OF LOTS
13 AND 14, BLOCK 15 OF THE CUIPER ADDITION TO THE
CITY OF CORPUS CHRISTI, AS SHOWN BY MAP OR PLAT OF
SAID ADDITION RECOROEO IN VOLUME 10, PAGE 37 OF THE
MAP RECORDS OF 14UECES COUNTY, TEXAS, TO WHICH REFER-
ENCE IS HEREBY MADE FOR MORE PARTICULAR DESCRIPTION.
N0. 2. BEING THE SOUTHEAST SIX (6) FEET OF LOTS 2 AND
31 BLOCK 15 OF THE CUIPER ADDITION TO THE CITY OF CORPUS
CHRISTI, AS SHOWN BY MAP OR PLAT OF SAID ADDITION RECORDED
IN VOLUME 10, PAGE 37 OF THE MAP RECORDS OF NUECES COUNTY,
TEXAS, TO WHICH REFERENCE IS HEREBY MADE FOR MORE PAR-
TICULAR DESCRIPTION.
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THAT NO OTHER PORTION OR PORTIONS OF SAID ALLEY SHALL BE OCCUPIED OTHER
THAN THE PORTIONS HEREIN DESIGNATED.
FOURTH. THE FULL CONTROL AND MANAGEMENT OF SAID ALLEYWAY IS
EXPRESSLY RESERVED TO THE CITY OF CORPUS CHRISTII TEXAS.
FIFTH. THIS FRANCHISE, AS WELL AS ALL RIGHTS HEREIN GRANTED AND
EXERCISED THEREUNDER, MAY BE ASSIGNED BY THE GRANTEE HEREIN AS WELL AS BY
ALL SUCCEEDING GRANTEES AT THEIR OPTIONS OR THE RIGHTS OF SUCH GRANTEE OR
SUCCESSORS HEREIN MAY BE TRANSFERRED UNDER FORECLOSURE PROCEEDINGS OR BY
JUDICIAL SALE; PROVIDED, HOWEVER THAT THE RIGHTS PERTAINING TO THE ALLEY-
WAY ADJOINING LOTS 13 AND 144 AND THE RIGHTS HEREIN GRANTED IN THE ALLEYWAY
ABUTTING LOTS 2 AND 3 IN SAID BLOCK 15, SHALL BE INCIDENTAL TO THE OWNERSHIP
OF LOTS 2 AND 3.
SIXTH. GRANTEE, HIS HEIRS AND ASSIGNS, SHALL KEEP ANY AND ALL MACHINERY,
EQUIPMENT, APPLIANCES AND ATTACHMENTS THERETO IN A SAFE AND OPERATING CON-
DITION AND PROTECT THE SAME BY ALL REASONADLE SAFETY PRECAUTIONS AND EQUIP-
MENT SO AS TO PROTECT ALL PERSONS FROM HARM OR INJURY BY REASON OF THE EXIST-
ENCE OF SAID EQUIPMENT AND INSTALLATIONS.
SEVENTH: A FAILURE UPON THE PART OF THE GRANTEE HEREIN HIS SUCCESSORS
OR ASSIGNS TO OBSERVE THE TERMS AND RESTRICTIONS OF THIS ORDINANCE SHALL IF
CONTINUED OR PERSISTED IN AFTER DUE NOTICE IN WRITING AND DUE OPPORTUNITY TO
OBSERVE THIS ORDINANCE OR TO REMEDY ANY NON— OBSERVANCE THEREOF SHALL BE
GROUNDS FOR THE FORFEITURE AND TERMINATION OF ALL RIGHTS UNDER THIS GRANT.
EIGHTH. THIS ORDINANCE SHALL BE EFFECTIVE Lm-4
1955, FOLLOWING ITS PASSAGE AND APPROVAL AS PROVIDED BY THE CITY CHARTER..
_ That the foregoing oxdtaance was-Tend for-the first time and passed
~LL to its second reading on this the s' Any of 01959, by the
following vote,- - ..
P. C. Callaway nL�r C
- Elixoy King -<
James-S, Naismith
W. James Brace
F. P. Peterson, Jr, - ` That the foregoing ordinance was -read for t seco time andd� passed
to its third reading on this the jj day of 1954, by
the following vote:
P. C. Callaway
- Ellroy King .
James S. Naismith '
W. James Brace
F. P. Petersen, Jr
That the foregoing ordinance ead for the third time and passed
finally- an -this the ilay of , 1954; by the follow-
ing vote:
P. C. Callaway
eoy
Jam King
James S. Naismith
.W. James Brace (t 4q.
F. P. Peterson.-Jr. 'r
PASSED AND APPROVED, This the day of ,195vi
Y
THE CITY OF CORPUS CHRIST , TEXAS
A7,
City Seciet
APP -AST LESAL F
City Alto ney j
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