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Home My WebLink About04477 ORD - 03/07/1956GGP: AC: 3/O'jjG AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE`A CONTRACT 'WHEREBY THE PARKDALE PLAZA COMPANY ASSUMES THE RIGHTS, 03LIGATIOi4S AND LIA3ILITIES OF HARRY IWEISPiAN, DEN D. MARKS, ALE IA. KATZ AND CEDRIC H. Iti9ARKS IN THE DEVELOPMENT OF PARKDALE SHOPPING CENTER IN REGARD TO COLLATERAL AGREEMENTS MADE WITH THE CITY WHICH D`O PJOT APPEAR ON THE FACE OF THE REPLAT OF PARKDALE SHOPPING CENTER AS SUBMITTED BY ITS PRESENT DEVELOPER AND OWNER, THE PARKDALE PLAZA COMIPANY, A TEXAS CORPORATION, A COPY O WHICH CONTRACT IL ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EItiILRGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE CITY PIANAGER FOR AND OFI DEFIALF OF THE CITY OF CORPUS CHRISTI IS HEREB`( AUTHORIZED AND DIRECTED TO EXECUTE A CONTRACT WITH PARY.DALS PLAZA COMPANY, WHEREBY THE PARKDALE PLAZA COMPANY, A TEXAS CORPORATION, ASSUMES THE RIGHTS, OBLIGATIOHS AND LIABILITIES OF HARRVE ISMAN, FEN D. HARKS, ADE i -i. KATZ AND CEDRIC rl. P'IARKS, INDIVIDUALLY AND COLLECTIVELY, AS THE ORIGINAL OWNERS AND DEVELOPERS OF PARKDALE SHOPPING CEIJTER, IN REGARD TO COLLATERAL AGREE- MENTS MADE WITH THE CITY OF CORPUt HRISTI, TEXAS, WHICH WERE NEVER PLACED ON THE FACE OF THE ORIGINAL PLAT OF THE PARKDALE SHOPPI14G CENTER AS ORIGINALLY ACCEPTED AIJD APPROVED BY THE CITY OF CORPUS CHRISTI, TEXAS, AND WHICH AGREEMENTS DO NOT APPEAR ON THE FACE OF THE REPLAT OF THE PARKDALE SHOPPING CENTER SUBMITTED TO CORRECT AN ERRONEOUS DISTANCE CALL SHOWN ON THE FACE OF SAID ORIGINAL PLAT BY ITS PRESENT DEVELOPER, AND OWNER THE PARKDALE PLAZA COMPANY, A TEXAS CORPORATION, WHICH COLLATERAL AGREEMENTS ARE SET FORTH IN SAID CONTRACT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE NECESSITY OF REPLATING THE PROPERTY DESCRIBED IN SECTION 1 HEREOF SO AS TO SHOW THE CORRECT OWNER AND TO CORRECT AN ERRONEOUS DISTANCE CALL SHOWN ON THE FACE OF SAID ORIGINAL PLAT 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 INTRO- DUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE REGULAR MEET- INGS OF THE CITY COUNCIL, AND THE MAYOR, HAVING DECLARED SUCH EMERGENCY AMD NECESSITY TO EXIST, HAVING REQUESTED THE SUSPENSION OF SAID CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION, AND TAKE EFFECT AND BE II-J FULL FORCE AND EFFECT FR OM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY PASSED AND APPROVED, THIS THE fU4.DAY OF MARCH, 1956. -_ cITY_SECRt�n � �P,�,YOR �- APP2jOVED L- AL�FL'',I�'i: {` �/ THE CITY OF CORPUS CI��;ISTI, TEAS A��IT`r ATT �r'�.Iry TEE STATE CF TEYAS WBKRW the property described as Block A. Parkdale Shopping Center, as shown by may or plat thereof, of retard in Volume 17, at page 3.7, of the Map Pecords of Nueces County, Texas, was owned by Harry Weisman, Ben D. Marks, Cedric H. Marks said ,`gybe M. Katz, at the time it was permanently zoned by the City CQUr4* of the City of Corpus Christi, Texas, and at the time of the recordation of the aforementioned plat; and WBEFSAS said property is currently owned by Parkdale Plaza Company, a Texas corporation; and WBFWAS said corporation desires to replat said Block A so as to show the present ownership and to correct an erroneous distance call shown on the face of said original plat; and WAS it is the mutual desire of the City of Corpus Christi, Texas, and said Parkdale Plaza Company that it be understood and agreed that in so doing that the said Parkdale Plaza Company will stexui;iri the same relation to the City of Corpus Christi w did the original Your named develop- ers of said property at the time of said original zoning and said original platting; NCW, Tom, KNOW ALL HO BY TBSSE POSEt4' : That the City of Corpus Christi, Texas, a municipal corporation, acting herein by and through its City Pager hereunto duly authorized, and Parkdale Plaza Company, a Texas corporation, acting herein by and through its officers hereunto duly authorized, contract and agree as follows; Parkdale Plaza Company agrees to assume and does hereby assume all rights, obligations, and liabilitiewof Harry Weisman; Ben. D..M&rks, Able M. Katz and Cedric H. Marks, now existing or hereafter arising under the terms of the following described documents, to writ: 1e That cer+%in contract heretofore entered into ,pursuant to City Omlsnance No. 3913, of the City of Corpus Christi, Texas, passed on the 27th day of October, 1954. 2. That certain Letter dated November 26, 1954, addressed to the Zoning and Planning Cewiasion of the City of Corpus Christi, Texas, signed by Harry Weisman, Abe M. Katz, Ben D. Marks and. Cedric H. Marks, acting by and through big attorney -in -fact, Ben D. Marks, and having reference to the construction of 100," sq. ft. of bilildi.ng area within three years after final approval of business storing, F" say CUPED this day at March, 1951. CITY of cWM CHRISTI, TEXAS BY l ae ore, _ ty ATUMT: 5. PARK4= PLC =WPM By Birry Win ATTEST: a C'R'S' Urer THE SPATE OF TEAS 9 CCwy (F MCSS BED ME, the undersigned authority, on this day personally appeared RUSSELL E. MCCU RE.0 known to me to be the person Vhosef nam is Corpus Christi, d to the foreEping instrument as City Manager of the City , , a corporation, and acknowledged to me that he executed the some for the pur.- poses and consideration therein expressed, in the capacity stated, and as the act and deed of said corporation. GIM LSM MY HASID AND SEAL OF CFFICE this the � _ day of March, A.D. 3-956• ,( 1 %-Eir-y Pub'lie in and t ees COVAItYp Trues .. 2 - THE STATE OF Tmm I Com" OF NUECW I WM ME, the und+ersiMied authority, on this dsy personally appeared ]t iii, bmu to me to be the person ve saems is subscribed to the foregoing instmWat as President of Parkdsle PlwA Compsay, a corporation, and acknowledged to me that he executed the sass for the purposes and considers. tioa tbwein expressed, in the capeeity stated, and as the act and deed of'said corporation. GIM UNDER MY HM AND S6AL OF OFFICE this the 2 --� dsy of March, A.D. ly'6. r e in spa , or Rueces County, "Texas. 3- Cori:ua Christi, Tome Elovembnr 26, 1954 Mr. Russell & Mcclwe City l moor City of Corpus Christi Corpus Christi, Tax&& »ear Mr. XcClrrrei zot less than ioo.aw square feet of 'bull roam will be built within this parkd&lt abapping Cater ritbin tbres yrmar$ attar firA1 sppmwal of the requwrted business zoning, sdbjest to mW dela sw caused by, action of any governmmtal bo4y, by fire, strikes, or other causes be� Out control. Y'oure very truly, r � Attorney in Fact for his brot w Cedric ld. darks e a - 7�irr�� min CORPU CHRISTI, TEXAS CZ,L 1 956 TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS GENTLEMEN: 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 15 INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL: I, THEREFORE, HEREBY 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, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: - -- _ FARRELL D. SMITH MINOR CULLI W J. ROBERTS B. E. BIGLER MANUEL P. MALDONADO THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: FARRELL D. SMITH MINOR CULLI W. J. ROBERTS B. E. BIGLER MANUEL P. MALDONADO q4-rl i t k