HomeMy WebLinkAbout04601 ORD - 08/01/1956AP;V /1%�u
AN ORDINANCE
AUTHORIZING AI;D DIRECTING THE CITY iTANAGER FOR AND ON
BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A CO11-
TRACT bJ'ITFI GEORGE DILLON, 'JHEREEY THE SAID GEORGE DILLON
AGREES TO )IMPROVE AND DEDICATE TO THE PUBLIC ,A PROPOSED
STREET LYING BETWEEN PORT AVENUE ON THE EAST, Roo -ALI
BOULEVARD ON THE NORTH, VESTAL STiREET 0 THEz DES NO
GOLLIHAR ROAD T7H THE SOUTF-1.71E-TERMS ANJ CONDITIONS OF
SAID CONTRACT BEING FULLY SET OUT IN A COPY ATTACHED
HERETO AND I,ADE A PART HEREOF; AND DECLARING AN EMERGENCY.
JL IT ORiAI! ;E) TILE CITY -M.,1L CF Th= CITY OF CC? rUS CI!;:ISTI,
T--";AS:
;i I:.GTION 1. THAT THE CITY D'IANAGEP, GL, AND I-IE IS HEREBY AUT IIORI ZED
AI!D DIRECTED FOR AHD Oil BEHALF OF THE CITY OF i.ORPUS -HRISTI TO EXECUTE A
CONTRACT 111TH GEORGE JILLON, 41HERESY THE SAID GEORGE DILLON AGREES To IMPRCV--
AND DEDICATE 'I'O THE PUBLIC A PROPOSED STREET LYING BETWEEN PORT AVENUE ON Till:
EAST, ROSALIE BOULEVARD 014 THE NORTH, VI-S-, At. STREET OIJ THE WEST, AND GOLLIHAR
,\CAD ON THE'SCUTH,
TIE TERMS AND CONDITIONS TI Of!S OF SAID CONTRACT BEING FULLY „ET GU'f
IN A COPY CV SAID CONTRACT ATTACHED HERETO AND MADE A PART HEREOF.
SECTIU,I 2. THE NECESSITY FOR ENI'ERING INTO THE CONTRACT DESCRIBED
IN SEC -I ION I HEREOF, CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY
REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCL OR RESOLUTION
31-IALL BC PASSED FINALE)' ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDI-
NANCE OR RESOLUTION SHALL 3C READ AT THREE SEVCRAL MEETINGS OF THE CITY
COUNCIL, AND THE 1 °11AYOR, HAVING DECLARED SUCH PUBLIC EMERGENCY AND 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 IN FULL FCRCE AND EFFECT F-P,O:, AND AFTER ITS PASSAGE, IT IS ACCORDINGLY
PASSED AND APPROVED, THIS THE Z4.CDAJ OF AUGUST, 1956.
11AYOR
THE CITY OF CORPUS CHI; I ST I , TEXAS
ATTL��
CITY ` C ^ ,7
�TAf
APPROVED AS TO LEGAL FORM
AUGUST 1, 1J50:
CITY ATTAPfNEY
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TAP:AP:8 /1/56
THE STATE OF TEXAS
!SNOW ALL MEN BY THESE PRESENTS:
COUNTY OF NUEGES
THIS CONTRACT, MADE AND ENTERED INTO THIS THE DAY OF ,
1956, BY AND 9ETWCEN THE CITY OF CORPUS CHRISTI, TEXAS, HEREINAFTER CALLED "FIRST
PARTY ", A MUNICIPAL CORPORATION ACTING BY A14D THROUGH ITS CITY MANAGER RUSSELL E.
MCCLURE, AND GEORGE DILLON OF NUECES COUNTY, TEXAS, HEREINAFTER CALLED "SECOND
PARTY,,
W I T N E S 5 E T H
THAT, WHEREAS, THE OWNERS OF CERTAIN LANDS LYING BETWEEN PORT AVENUE
ON THE EAST, ROSALIE BOULEVARD ON THE NORTH, VESTAL STREET ON THE WEST, AND
GOLLIMAR ROAD ON THE SOUTH, SUCH LAND AND SAID STREETS ALL LYING AND BEING IN
THE CORPORATE LIMITS OF THE CITY OF CORPUS CHRISTI, DESIRE TO DEDICATE AND
IMPROVE, IN ACCORDANCE WITH CITY STANDARDS, A STREET ACROSS THEIR SAID LANDS TO
CONNECT GOLLIHAR ROAD AND ROSALIE BOULEVARD, AND
WHEREAS, SECOND PARTY DESIRES TO DEDICATE AHD IMPROVE, IN ACCORDANCE
WITH CITY STANDARDS, THE HEREINAFTER DESCRIBED PROPERTY AS A PART OF SAID PROPOSED
STREET; AND
WHEREAS, SECOND PARTY AND SAID LAND OWNERS DESIRE FIRST PARTY TO
ASSUME THE MAINTENANCE,/ POLICING AND TRAFFIC CONTROL OF SAID PROPOSED STREET;
AND
WHEREAS, FIRST PARTY 18 AGREEABLE TO ASSUMING SUCH STREET MAINTENANCE,
POLICING AND TRAFFIC CONTROL WHEN AND ONLY IN THE EVENT SECOND PARTY AND SAID
LAND OWNERS SHALL IMPROVE SAID PROPOSED STREET AND DEDICATE SAME TO THE PUBLIC:
NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL COVENANTS AND
AGREEMENTS HEREINAFTER CONTAINED,THE PARTIES HERETO DO HEREBY COVENANT AND AGREE
AS FOLLOWSI
1
WHEN SAID LAND OWNERS OWNING LANDS LYING BETWEEN PORT AVENUE ON THE
EAST, ROSALIE BOULEVARD ON THE NORTH, VESTAL STREET ON THE WEST, AND GOLLIMAR
ROAD ON THE SOUTH, SHALL DEDICATE TO THE PUBLIC AND IMPROVE ACCORDING TO REQUDRE-
RENTS OF THE ZONING AND PLANNING COMMISSION AND STANDARDS APPROVED BY THE DEPART-
MENT OF PUBLIC WORKS OF THE CITD OF CORPUS CHRISTI, A PUD41C STREET CONNECTIiJG
ROSALIE BOULEVARD AND GOLLIMAR ROAD BETWEEN THE INTERSECTIONS OF SAID STREETS WITH
PORT AVENUE ON THE EAST AND VESTAL STREET ON THE WEST, SCCOND PARTY SMALL IMPROVE
IN ACCORDANCE WITH SUCH REQUIREMENTS AND STANDARDS, AND SHALL DEDICATE TO THE
PUBLIC AS A PART OF SAID PUBLIC STREET, THE FOLLOWING DESCRIBED PROPERTY, TO -WIT:
THE EAST SIXTY FEET (60') OF LOT A JF THE G. N. DILLON
TRACT, A MAP OR PLAT OF WHICH TRACT IS RECORDED IN
VOLUME 13, PAGE 56, OF THE MAP itECOROS OF NuEcEs
COUNTY, TEXAS.
!!
IT IS EXPRESSLY UNDERSTOOD ANO AGREED THAT THE AGREEMENT GY SECOND
PARTY TO DEDICATE AND IMPROVE THE ABOVE DESCRIBED PROPERTY SHALL CONSTITUTE A
COVENANT RUNNING WITH THE LAND,- AND 'SHALL DE SINOINQ UPON THE PURCHASER OF SUCH
PROPERTY, OR OF ANY PART THEREOF,
1!I
F1RST PARTY AGREES THAT WHEN SAID PROPOSED PUBLIC STREET, INCLUDING
AS A PART THEREOF THE ABOVE DESCRIBED PROPERTY OF SECOND PARTY, HAS BEEN IMPROVED
ACCORDING TO THE REQUIREMENTS OF THE ZONING AND PLANNING COMMISSION, AND IU
ACCORDANCE WITH STANDARDS APPROVED BY THE DEPARTMENT Of PUBLIC WORKS OF THE CITY
Of CORPUS CHRISTI, AND WHEN SAME HAS BEEN DEDICATED TO THE PUB41C FOR USE AS A
PUBLIC STREET, THEM FIRST PARTY SMALL COMPLETELY ASSUME ALL MAINTENANCE, POLICING
AND TRAFFIC CONTROL UPON AND SMALL UNCONDITIONALLY ACCEPT THE DEDICATION OF SAID
STREET RIGHT Of WAY.
IV
IT IS FURTHER UNDERSTOOD AND AGREED THAT IF THE OWNERS Of THE OTHER
LAND$ HEREINABOVE REFERREO TO DO NOT DEDICATE AND IMPROVE AS HEREIN SPECIFIED
SAID PROPOSED PU541C STREET CONNECTINf, GOLLIMAR ROAD AND ROSALIE BOULEVARD WITHIN
A PERIOD OF FIVE ,(5) YEARS FROM THE DATE Of THE EXECUTION OF THIS CONTRACT, THEN
IN SUCH EVENT THIS CONTRACT AND ALL AGREEMENTS AND COVENANT3 CONTAINED HEREIN
SMALL TERMINATE AND ME OF NO FURTHER FORCE OR EFFECT.
WETNESS OUR HANDS, THIS THE DAY Of Aucust, 1936.
ATTEST;
CITY SECRETARY
APPROVED AS TO LEGAL FORM
AUGUST 1, 1956:
CITY ATTORNEY
GEORGE DILLON
THE CITY OF CORPUS CHRISTI, TEXAS
BY
RUSSELL E. MC LYRE, CITY MANAGER
CORr1JS,ClBV I ST I, TEXAS
1956
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 NC ORDINANCE OR RESOLUTION SHALL BE PASSED
FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SJCH ORDINANCE OR RESOLUTION SHALL
BE READ AT THREE MEETINGS OF THE CITY COUNCIL:. !, THEREFORE, HEREBY REQUEST THAT
YOU SUSPEND SAID CHARTER RULE OR REQIJ;REME ?IT AND PASS THIS ORDINANCE FINALLY ON
THE DATE IT IS INTRODUCED OR AT THE PRESrNT MEETING OF THE CITY COUNCIL.
RESPECTFULLY,
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY T'.-lE ?C!- L�AJ!ti3 VDTE:
F 1,2RELL D. SMITH
Njp NOR
CULL P
W. ".
RC"BERTS
f
B. E.
BIGLER
NAND L
P. MALDONADO
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
FARRELL D. SMITH
MINOR CULL[
W. J. ROBERTS
1
B. E. BIGLER
(/
'IA " -:JEL P. MALDON ADO
9 �0' l