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HomeMy WebLinkAbout04915 ORD - 12/04/1957GGP :AP :3 /26/57 w.. AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI TO ACCEPT A PUBLIC DEDICATION OF THE STREETS, ALLEYS, SERVICE LANES, UTILITY EASEMENTS AND OTHER PUBLIC WAYS EXISTING UPON ANO WITHIN THE PUBLIC HOUSING PROJECTS KNOWN AS LA ARMADA UNITS 1, II AND III; PROVIDING EXCEPTIONS; AND DECLARING AN EMERGENCY. WHEREAS, THE CITY OF CORPUS CHRISTI, TEXAS, AND THE HOUSING AUTHORITY OF THE CITY OF CORPUS CHRISTI, TEXAS, HAVE IN THE PAST, EXECUTED VARIOUS COOPERATION AGREEMENTS IN PROVIDING PUBLIC HOUSING FOR THE INHABITANTS OF THE CITY, OF WHICH LA ARMADA UNITS 1, 11 AND 111 HAVE EVOLVED; AND WHEREAS, SAID COOPERATION AGREEMENTS HAVE RECITED, MIN RESPECT TO ANY PROJECT THE MUNICIPALITY AGREES THAT WITHIN A REASONABLE TIME AFTER RECEIPT OF A WRITTEN REQUEST THEREFOR FROM THE LOCAL AUTHORITY IT WILL ACCEPT THE DEDICATION OF ALL INTERIOR STREETS, ROADS, ALLEYS AND ADJACENT SIDEWALKS WITHIN THE AREA OF SUCH PROJECT . . . . ; AND WHEREAS, THE HOUSING AUTHORITY OF THE CITY OF CORPUS CHRISTI, TEXAS. HAS REQUESTED IN WRITING THAT THE CITY OF CORPUS CHRISTI, TEXAS, ACCEPT DEDICATION OF SUCH PUBLIC WAYS WITHIN THE INTERIOR OF SAID LA ARMADA UNITS 1, II AND 111: NOW, THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TEXAS, BE AND IS HEREBY AUTHORIZED AND DIRECTED TO EXECUTE AN ACCEPTANCE FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI OF A PUBLIC DEDICATION INSTRUMENT WITH THE HOUSING AUTHORITY OF THE CITY OF CORPUS CHRISTI, TEXAS, THEREBY ACCEPT- ING SAID DEDICATIONS IN LA ARMADA UNITS 1, 11 AND III FOR AND ON BEHALF OF THE PUBLIC, A COPY OF SAID DEDICATION AND ACCEPTANCE INSTRUMENT BEING ATTACHED HERETO, MARKED EXHIBIT A, AND MADE A PART HEREOF. SECTION 2. THE HOUSING AUTHORITY OF THE CITY OF CORPUS CHRISTI, TEXAS, IN MAKING THE DEDICATIONS RECITED HEREIN, AND THE CITY OF CORPUS CHRISTI, TEXAS, IN ACCEPTING SAID DEDICATIONS, EXPRESSLY AGREE THAT THE UTILITY SYSTEMS THEMSELVES, THE NATURAL GAS LINES, MAINS AND GAS SYSTEM, THE WATER LINES, MAINS AND WATER SYSTEM, THE SANITARY SEWER LINES, MAINS AND SANITARY SEWER SYSTEM, AND THE STORM SEWER LINES, MAINS AND STORM SEWER SYSTEM EXISTING AS OF THE DATE OF THE EXECUTION OF THE DEDICATION INSTRUMENT SET FORTH HEREIN, ARE NOT BEING ACCEPTED BY THE CITY OF CORPUS CHRISTI, TEXAS, AND ARE NOT BEING DEDICATED BY THE HOUSING q q 15 AUTHORITY OF THE CITY OF CORPUS CHRISTI, TEXAS, BUT ONLY THE UTILITY EASEMENTS IN WHICH THOSE UTILITY SYSTEMS ARE LOCATED ARE BEING DEDICATED AND IN TURN ACCEPTED, SAID UTILITY SYSTEMS, LINES AND MAINS ARE TO REMAIN AS THE PROPERTY AND BE THE SOLE MAINTENANCE, RESPONSIBILITY OF THE HOUSING AUTHORITY OF THE CITY OF CORPUS CHRISTI, TEXAS, WHICH UNDERSTANDING IS SET FORTH IN A LETTER FROM THE HOUSING AUTHORITY'S ATTORNEY, A COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT B, AND MADE A PART HEREOF. SECTION 3. THE PUBLICIMPORTANCE OF THIS ORDINANCE IN PROVIDING PUBLIC ACCESS THROUGH AND OVER THE HEREIN DESCRIBED PROPERTY 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 SUCH EMER- GENCY 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 FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED. T`^ PASSED AND APPROVED, THIS THE DAY OF , /) At- MAYOR/// HE CITY OF CORPUS CHRISTI, TEXAS ATTEST // CITY .SECRETAR]✓ ' APPROVED AS TO LEGAL FORM`/ MARL 26, 1: CITY ATTORNEY f STATE OF ISMS } COOTY OF NUECES 1 WHSRBAS, the undersigned, Housing Futhority of the City of Corpus ChrlsLL, Texas, a public body corporate and politic, organised end existing under the laws of the State of Texas, is the owner of the following described tracts and psreels of land located In the city of corpus Christi, - 1luaces County, Taxes, to -wit: Tieing All of Lot 1:), lying east of State }lighwsy No. 2.�6, known at this point as Port tvanue in Section G of Pal I1%v Subdivislon of the Hoffman Tract 0; and described or the followsrun of Lot saginning inch ls the point northeast boundary shline ofuLotr15,lbothf Lot 10 and In Section G of Palsley}s subdIv}alon of the Hoffman Tract, with the east boundary line of State Highway No. 266, also known at this point as port DVunus; thence, north 30, West along said east boundary line of State Highway No. 2�b, 1512.62 fact to a 6 inch by b inch concrete monument with copper center point set flush with the ground at the point of Intersection of said asst boundary }Ina of State Highway No. 2:6 with the northwest boundary line of said Lot 1 >> end the southwest boundary line of Lot 7 in Section G; tharica. South 610 40' -40" East along the northeast boundary line of Lots 1:J and 9 and the southwest boundary line of Lots 7 and t In Said Section v, 1621.29 feet across the common corner of said Lots 7, 9, and 13 to s point in the said northeast 'boundary line of said Lot 9 and the southwest boundary line of said Lot c; thence, South 2?',olgq' -, ?Oa )Vest 5E3')_5v feet to a point in the ck•rved southwest boundary line of Southgate :.hive, .56 feet wide radially; thence, in a north - wastAriy diraction on a circular carve (the center of said carve being south )900L'o' west 1 ;:9.90 feet from said point in the carved southwest boandery line of Southgate Drive) along said southwest boundary line of Southgate Drive 190.40 fast to s point; thence, South 2:>a 19t -2;36 West ,i1;C.17 feet to a point In the curved norihea.st boundary line of Palmer Drive 56 feet wide radiallyl thanca, In a southeasterly direction on a circular carve (the center of said curve being North 21�019t -2il" East lajg.0'7 feet fro., ssld point in the carved northeast boundary of Faint sr );rive) Along sold northeast boundary tine of Painter Drive 19t1.40 feet to a points thence, South 2s0 191 . W west 533.56 fact to a point in the southwest boundary line of said Lot 9 and the northeast boundary liner of 3Lsoyt a sL In said the south - Sect }an Gi thence, North sl J g west boundary line of sold Lot y and the northeast boundary line of sold Lot 16, ,b1.75 feet across the cocoon corner of sold Lots 9, 10, 15 and 16 to the point of beginning; i=ns Doing the sure land conveyed to the said Housing Authority of the City of Corpus Christ by quitc1fle' deed dated (larch 25, 1951;, by the united Status of nraarlea, which said deal is recorded in Vol. 632 at pages a , geo 1t et seq, of the Ds ad Records of Nueces County, s wh}ctt rofarencs is here icade} which said tract and parcel _1_ djExttlal-r.i, of lend is Shown on the Piet attached hereto, M ds a part hereof, and narked Exhibit '. Being a part of Lot I in Section 0 of Paislay-a subdivision of the Hoffpmn Tract, described as foliowst Beginning at the point of intersection of the north- west boundary line of Pyres Street, an %o foot public road, also mown as Chapman Ranch Road, with the north- east boundary line of Lot I in Section 0 and the south - west boundary line of Lot lb to Section L, both In Palsley-s subdivision of the Hoffman Tract, which point is north 61d4�2' West 39.67 feet from a drill note In 0 concrsts Pavement debt thence, South 2._.0 20, west along sold northwest boundary line of sold Pyres Street and parallel with and Iii feat northwesterly measured at right angles from the southeasterly boundary line .f said Lot I and the center line of Pyres Street, 329.5c Cost to a point for corner; thence, North 61040 -40" best 720.25 feet to a point for cormerl thence, North 260 2Je ,;aat .529.31 feet to a point for corner, said point being in the northeast boundary line of Lot I and the southwest boaitdsry line of Lot -161 thsaica, South 510 1121 East 720.25 fast to the point of beginning; Swing the same property conveyed to the Housing Authority a£ the City of Corpus Christi by quitclaim deed este3 March 255, 19554 by the United States of P.marica, and which sold deed Is of record In Vol. 632 at pages 436 at saq. of the -sad Records of Nuaces County, Texas, to which reference is hare model which said tract and parcel of land is shown on the plat attached hereto, Trade a Part hereof, and :corked Exhibit B; and WHEREI -5, the said Housing P:dtaorlty of the City of Corpus Christi desires to dedicate to the use of the public all existing rood right -of -way and utility sasemnts, service longs, alleys and other public ways, all as shown on the naps and plats attached hereto and ;:;arkeii Exhibit% a. and 3, and the City of Corpus Christi, Texas, a ruiielpal Corporation, deals to eceept said dedication, and to accept said streets, alleys and service Lane$ for m9intenancet Now, therefore, liNC1W ALL MEN BY THESE PRESOTS, that for and In consideration of the promises. It is CONTRn.,CTEa Arbil; PGREsir by and between the said Housing Puthority of the City of Corpus Christi, a public body corporate and politic, organised and existing under the laws of the State of Taxes, hereinafter called Housing Authority, and the City of Corpus Christi, Texas, a municipal corporation, here- inafter called City, as followst 1, Thnt the said housing Pathority does hereby dedicate to the use of the ,public the Streets, alleys, service lanes, utility ansoments and all other public ways gxisting upon the above dascribad tracts and parcels of land, all as shown by the maps Or PSats marked Exhibits A. and $ attached hereto and :usde a part hereof. 2. in regard to the herein -wade, dedications, it is reCOg- nised by the Housing Futhority that there rmy be public utilities, poles, eiras, wins, pipes, storm drains, sanitary sewers and other Installations of a public utility nature On or within the perimeter of the premises harain described that may not be located In the existing road right- of-wsys and utility easements dedicated by this iastrusjant. It Is the intent of the Housing Authority to dalicets to the City of Corpus Christi public utility easements for all such utility installations that do exist wherever they may be located within, in and upon the herein described premises. 5. The City of Corpus Christi does hereby accept said dedica- tion, and accepts said streets, alleys and service lanes for :jsin- tanance. WITM33S the hands of the parties this day of March, 1957. HOUSING .'UTHQRJTY 3F THt CITY OF COFPU5 CHRISTI by P TTEEST 1 C.a I r gr an lx4dutive uirectOr CITY 3F coRpUS CHRISTI, TBIV S A.TTESTr By City manager city Secretary _3. „ STATE :7 MAS CWNTY of NUEC S R F"Z ME, the undersigned, a Notary public in and for said county end state, on this day personally appeared W. B. M&.dems, chairman of the Board of Commissioners of the Housing authority of the City of Corpus Christi, Texas, known to me to be the person and officer whose name is subscribed to the fore - going instrument, and acknowledged to me that the same was the act of the said Housing Authority of the City of Corpus Christi, Texas, a public body corporate and politic, and that he executed the same as the act of such corporation for the purposes and con - aideretlon therein expressed, and In the capacity therein stated- GIVEN MDZR NY BAND AND SEAL OF OFFICE, this _ day of Barth, 1957. Notary Public in and for Nuecas County, Texas STATE OF TEXAS COUNTY aF wuEGES BLFW mz, the undersigned, a Notary public in and for said county and state, on this day personally appeared Russell E. 11cClure, City lianager of the City of Corpus. Christi, Taxes, known to aka to be the person and officer whose name is sabsarlbaI to this foregoing instrument, and acknowledged to +iw that the same was the act of the said City of Corpus Christi, Texas, a municipal corporation, end that he executed the same as the act of such cor- poration for the purposes and consideration therein expressed, and in the capacity therein stated. 6IV� tS n MY AWNb AVC S_AL ':)F OFFICE, this _ day of 4isreh, 1`4517. -4- Notary ublic In and for Nuecae County, Taxes. Very trul yours, R. SORRELL JRS:GR cc Mrs. Edna Garrett Executive Director Housing Authority Box 7008 �f Corpus Christi, Texas a ��FxNieIT �;a 4309 Lnw orr`cae p j1Vi+±S DABELL�TOM M.POGITE Coapue Cxw�erc,Texne Ai� 1 March 20, 1957 L - Mr. Glenn Parker Assistant City Attorney City Hall Corpus Christi, Texas Dear Glenn; This will confirm our telephone conversation of this morning, in which you approved the form of the Dedication as prepared by me, to be executed by the Housing Authority of the City of Corpus Christi and the City of Corpus Christi, and covering the properties known as La Armada I, II and II1. Your approval was upon the express understanding that there would be no attempt upon the part of the Housing Authority of the City of Corpus Christi to construe this contract as a transfer of the existing utility lines to the City of Corpus Christi, for maintenance. It does dedicate the existing utility easements to the public, but in the acceptance by the City, the acceptance is expressly limited to streets, alleys and service lanes, for maintenance. By copy of this letter, I am forwarding this Instrument to the Housing Authority for execution, together with a form of certified copy of the resolution authorizing the execution thereof. With best regards, I am Very trul yours, R. SORRELL JRS:GR cc Mrs. Edna Garrett Executive Director Housing Authority Box 7008 �f Corpus Christi, Texas a ��FxNieIT �;a US CHRISTI, TEXAS 1957 TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS GENTLEMEN: FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE GOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FDA THE SUSPENSION OF THE CHARTER RULE ON REQUIREMENT THAT NO ORDINANCE OR RESOLU- TION 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 COUNC ILA 1, THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT 15 INTRO- DUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFUL -' --1 MAYOR THE C TY OF CORPUS CHRISTI. TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTED: FARRELL FARRELL D. SMITHI J W. J. ROBERTS B. E. BIGLER MANUEL P. MALDONADO. CHARLIE J. RILLS _ ARTHUR R. JAMES ODELL INGLE THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: FARRELL 0. SMITH W. J. ROBERTS B. E. BIGLER U MANUEL P. MAL DO NA DO CHARLIE J. AILLS ARTHUR R. JAMES DDELL IN6LE ��cs