HomeMy WebLinkAbout04956 ORD - 01/29/1958H4S- ED: 1/22/505
AN ORDINANCE
AUTHOR I£I NG AND DIRECTING THE CITY MANAGER To EXECUTE,
FOR AND ON 13EHALF OF THE CITY OF CORPUS CHRISTI, AN
AGREEMENT WITH MRS. J. Y. V,91ACK. A WIDOA, AND ACTING
AS INDEPENDENT EXECUTRIX OF THE J. Y. WGMACK ESTATE,
DECKER S. WOMACK AND OWEN W. tJOMACK, THE 0' ' JNFRS OF LOT
10, BLOCK 13, BAYVIEW ADDITION IN THE CITY OF CORPUS
CHRISTI, TEXAS, A14D AN AGREEMENT WITH R. J. BRYANT AND
WIFE, HELEN BRYANT, AND MRS. R. G. BRYANT, A WIDOW, AND
ACTING AS INDEPENDENT EXECUTRIX OF THE R. G. BRYANT
ESTATE, THE 0!v1ERS OF LOT 11, BLOCK 13, BAM D.1 ADDITION
IN THE CITY OF CORPUS CHRISTI, TEXAS, CONCERNING THE
REDUCTION OF THE ASSESSI'IE4J CHARGES AGAINST THE SAID
OWNERS FOP, THE INSTALLATION COSTS OF NE! SIDSIAL'FS,
THE OMISSION OF THE CONSTRUCTION OF SAID SID&IALKS AS
CONTEMPLATED AND SHOWPI ON THE CITY'S MORGAN STREET
PLANS OF 1957, AND THE USE OF THE SIDES'ALKS NOW IN
EXISTENCE BY THE PUBLIC AS PUBLIC PASSAGE,WAYS, A COPY
OF EACH OF SAID AGREEMF,1,.TS BEING ATTACHED HERETO ANN
HADE A PART HEREOF; AND DECLARING AN EMERGENCY.
:AHER`AS, 111R5. J. Y. '.:OiA AC K, A WIDOW, ANO ACTI NC AS INDEPENDENT
--: ECUTRI X OF THE J. Y. '. OMACK ESTATE, DECK--R S. ';10: +ACK ANO Ca :N 1. 1,101!ACK,
i�RE THE OWNERS OF LOT 10 LLO ^_IC 13, 6AY`lIEW F'.DDITI ON IN THE CITY OF CORPUS
CHRISTI, T`_x A5, WHICH LOT IS ADJACENT TO AND ABUTS UPON A PUBLIC STREET
WITHIN SAID CITY KNOWN AS MORGAN STREET; AND
WHE EAS, R. �. BRYANT AND WIFE, HELEN BRYANT, AND HRS. R. G. BRYANT,
A WIDOW, AND ACTING AS INDEPENDENT EXECUTRIX OF THE R. G. BRYANT ESTATE, ARE
THE OWNERS OF LOT 112 BLOCK 131 BAYVIEW ADDITION IN THE CITY OF CORPUS CHRISTI,
TEXAS, WHICH LOT IS ADJACENT TO AND ABUTS UPON A PUBLIC STREET WITHIN SAID
CITY KNOWN AS MORGAN STREET; AND
'AHEREAS, THE CITY IS IN THE PROCESS OF IMPROVING MORGAN STREET
WITH STREET SURFACING, SIDEWALKS, CURBS A140 GUTTERS, AND IS IN THE PROCESS
OF ASSESSING THE PROPERTY QWNER5 WHO OWN PROPERTY ABUTTING SAID STREET FOR
THE COSTS OF SAID PUBLIC IMPROVEMENTS; AND
'HEREAS, THE OWNERS' PROPERTIES DO HAVE EXISTING SIDEWALKS OF A
59 FOOT LENGTH AND A 128 FOOT LENGTH, RESPECTIVELY, EXTENDING PARALLEL WITH
TNORGAN STREET AND RUNNING GENERALLY EAST AND WEST; AND
,WHEREAS, THE CITY COUNCIL AT 1T5 PUBLIC HEARING 014 OCTOBER 2, 1957,
CONSIDERED THE MATTER OF PROPOSED ASSESSMENTS AGAINST PROPERTIES ABUTTING ON
iORGAN STREET FROM, OCEAN DRIVE TO NIHETEEIATH STREET; AIVD
�dHEREAS, IT WAS REQUESTED BY THE REPRESENTATIVES OF SAID PROPERTY -
OWNERS THAT THE ASSESSMENT CHARGES AGAINST THE SAID OWNERS FOR THE INSTALLATION
44— T
COSTS OF NEW SIDEWALKS BE REDUCED AND THAT THE CONSTRUCTION OF SAID SIDEWALKS
AS CONTEMPLATED AND SHOWN ON THE CITY'S JAORGAN STREET PLANS OF 1957 BE OMITTED
AND THAT THE SIDEWALKS NOW IN EXISTENCE BE USED BY THE PUBLIC AS PUBLIC
PASSAGEWAYS AND HEREAFTER BE MAINTAINED AND CONTROLLED EXCLUSIVELY BY THE CITY;
AND
':.W -' U.Sj AGREEMENTS HAVE BEEN TENDERED TO THE CITY BY THE SAID
PROPERTY OW-HERS HEREINABOVE NAMED;
NO,;, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. THAT THE CITY I4ANAGER BE, AND HE IS HEREBY, AUTHORIZED
AND DIRECTED TO EXECUTE,FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, AN
AGREEMENT WITH !ARS. J. Y. 'WOMACK, A WI DOW, AND ACTING AS INDEPENDENT EXECUTRIX
OF THE J. Y. 'WOMACK ESTATE, DECKER S. ';IOMACK AND OWEN .i. ':!OMACK; THE OWNERS OF
LOT 10, BLOCK 1„ SAYVIEW ADDITION IN THE CITY OF CORPUS CHRISTI, TEXAS, CON-
CERNING THE REDUCTION OF THE ASSESSMENT CHARGE AGAINST THE SAID OWNERS FOR
THE INSTALLATION COSTS OF 69 FEET OF NEW SIDEWALK, THE OMISSION OF THE CONSTRUC-
TION OF SAID S70 FEET CF SIDEWALK AS CONTEMPLATED AND SHOWN ON THE CITY'S HORGAN
STREET PLANS OF 15-7, AND THE USE OF THE Jq FEET OF SIOEl:IALK NOW IN EXISTENCE
BY THE PUBLIC AS A PUBLIC_ PASSAGEWAY, AND AN .GREEMENT WITH R. J. BRYANT AND
WIFE, HELEN 'DRYANT, AND `iRS• R. G. BRYANT, A WIDOW, AND ACTING AS INDEPENDENT
EXECUTRIX OF THE R. a. BRYANT ESTATE, THE OWNERS OF LOT 11, BLOCK !j, BAYVIEW
ADDITION IN THE CITY OF CORPUS CHRISTI, TEXAS, CONCERNING THE REDUCTION OF THE
ASSESSMENT CHARGE AGAINST THE SAID OWNERS FOR THE INSTALLATION COSTS OF 1231
FEET OF NEW SIDEWALK, THE OMISSION OF THE CONSTRUCTION OF SAID 123 FEET OF
SIDEWALK AS CONTEMPLATED AND SHOWN ON THE CITY'S MORGAN STREET PLANS OF 1957,
AND THE LSE OF THE 120, FEET OF SIDEWALK 14OW IN EXISTENCE BY THE PUBLIC AS A
PUDLIC PASSAGEWAY, A COPY OF EACH OF SAID AGREEMENTS BEING ATTACHED HERETO AND
!MADE A PART HEREOF.
SECTION 2. THAT UPON THE PASSAGE OF THIS ORDINANCE THE DIRECTOR
OF PUBLIC ',I)ORKS SHALL AUTHORIZE AND DIRECT THE CONTRACTOR HOW INSTALLING SAID
SIDEWALK IMPROVEMENTS TO OMIT SUCH SIDEWALK IMPROVEMENTS AT THIS TIME UNDER
SAID CONTRACT.
- 2 -
SECTIOi� 3. THE NECESSITY FOR EXECUTING THE AGREEMENT
DESCRIBED IN SECTION HEREOF CREATES A PUBLIC EMERGENCY AND AN IM-
PERATIVE 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 REGULAR MEETINGS OF THE CITY COUNCILS AND THE I "iAYOR,
HAVING DECLARED THAT SUCH EMERGENCY AND NECESSITY EXISTS REQUESTING
THAT SUCH CHARTER RULE BE SUSPENDED AND THAT THIS ORDINANCE BE PASSED
ON THE DATE IT IS INTRODUCED AND TAKE EFFECT AND BE IN FULL FORCE AND
EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY jO ORDAINED.
PASSED AND APPROVED, TNIS THE DAY OF JAHUARYs 1956.
r
Iln, i2
TKE CITY OF CORPUS CHP.ISTIATE:AS
ATTEST:
y/ ii'rr//cam `J
CITY SECRRV( 1
C ('
APPROVED AS TO LEGAL FORH
THE 22ND DAY OF JA1,1ARY, 1951-:
C17Y`ATTORNEY
THE STATE Of TEXAS 1
XWIW ALL MEN BY THESE PRESENTS:
CWNTY OF NUECE5 j
THIS CONTRACT AND AGREEMENT BY AND BETWEEN MRS. J. Y. WomACK,
A WIDOW, AND ACTING AS INDEPENDENT EXECUTRIX OF THE J. Y. WOMACK ESTATE,
OECRER S. WOMACK AED OWN W. WOMACK, IIEREINATTE4 CALLED 'OWIIERS" AND THE
CITY OF CORPUS CHRISTI, TEXAS, ACTING BY AMD THROUGH ITS DULY AUTHORIZED
CITY MANAGER, HEREINAFTER CALLED THE 'CITY ",
W I T N E 5 5 E T H
WHEREAS, MRS. J. Y. WOMACK, A WIDOW,. AND ACTING AS IMCPEA10ENT
EXECUTRIX OF THE J. Y. WOHACK ESTATE, DECKER S. WOMACK AND WEN W. WOMACK,
ARE THE OWNERS OT LOT 10, BLOCK 13, SAYVIEW ADDITION IN THE CITY OF CORPUS
'MR ISTI, TEXAS, WHICH LOT IS ADJACENT TO AND ABUTS UPON A PUBLIC STREET
WITHIN SAID CITY XMDMN AS MORGAN STREET; AND
WHEREAS, THE CITY IS IN THE PROCESS OF IMPROVING MORGAN STRECT
WITH STREET SURFACING, SIDEWALKS, CURBS AND GUTTERS, AND IS IN THE PROCESS
OF ASSESSING THE PROPERTY OWNERS WHO OWN PROPERTY ABUTTING SAID STREET FOR
THE COSTS OF SAID PUBLIC IMPROVEMENTS; AND
WHEREAS, THE OWNERS' PROPERTY DOES HAVE Alt EXISTING SIDEWALK K -OT
A 169 FORT LENGTH EXTENDING PARALLEL WITH MORGAN STREET AND RUNNING GENERALLY
EAST AND 'WEST; AND
WHEREAS, SAID OWNERS' EXISTING SIDEWALK IS PARTIALLY ON THEIR OWN
PRIVATE PROPERTY AND PARTIALLY OR THE MONGAH STREET RIGHT -OFWAY PR"tRTY,
THE PARTIES HERETO HAVE AGREED AS FOLLOWST
1.
THAT FOR AND IN C01HI0CNATFON K THE CITY AGREEING TO REDUCE THE
ASSESSMENT CHARGE ASAIMST THE OWNERS FOR THE INSTALLATION COSTS OF 69 FEET
Of NEW SIOCVALK, AND HOT TO CONSTRUCT SAID 69 FEET OT SIDEWALK, PHOPSsED
TD SE LOCATED ENTIRELY WITHIN THE PUGLIC RIGHT -OF -WAY OF MORGAN STREET AS
CONTEMPLATED AND SHOWN ON THE CITY'S MIMMWX STREET PLANS OF 1957, AND THE
CITY FURTHER AOREEING THAT THE 69 FEET OF S /OEWALX MOW IN CXISTCNCE, WHICH
IS LOCATED PARTIALLY ON THE OWNERS' PRIVATE PROPERTY AM PARTIALLY ON THE
PUBLIC RIBHT.OT+WAY DF MOROAN STREXT, BIR USED BY THE PUBLIC AS A PUBLIC
PASSAKVAY AMO VILL "MATTER OC MAIM'TAiREO AND CONTROLLED EXCLUSIVELY BY
THE CITY, THE OWNS" AGIHEE TO PERMIT AM ALLOW THE PVBL/C USE OF THAT PART
DR PORTION BF SAID 699 FEET Of SIDEWALK THAT 10 INSTALLED AND EXISTS
WPM TIME OWNERS' PRIVATE PROPERTY AS A PUBLIC PASSABEVAY AND SAID
OWNER FURTHER AGREES NOT TO INTER ►ENE IN ANY WAY OR AT ANY TIME WITH
TNT PUBLIC USE OF SAID (39 FEET OF SIDEWALK.
E.
IT IS FURTHER AGREED THAT THE OWNERS SNALL, NOVEVERT NAVE TNC
RIGHT TO TERMINATE THIS AGREEMENT OF THE PUBLIC USE OF OWNERS' PROPERTY,
AS SET FORTH HEREIN, ON OWNERS OIYING ARE CITY fORTY -Five (45) DAYS'
WRITTEN NOTICE PRIOR TO OWNERS TAKING ANY ACTION IN REMOVING THAT PORTION
OF SAID 67 FECT OF SIDEWALK THAT EXISTS ON THE OwntRS' PRIVATE PROPERTY
OR OF THE OWNERS PROHIBITING OR ATTEMPTING TO PROHIBIT OR INTERFERE IN
ANY MANNER WITH THE PUBLIC USE OF SAID 69 FECT OF SIDEWALK.
3•
THE OWNERS AMREe, SHOULD OWNERS ELECT TO PREVENT THE PUBLIC USE
OF THAT PORTION OF SAID 69 FEET OF SIDEWALK EXISTING ON OWNERS' PRIVATE
PROPERTY, TO HAVE INSTALLED, CONSTRUCTED AND COMPLETED WITHIN THE HEREIN
PROVIDED 45 DAY NOTICE PERIOD TO THE CITY AND IN ACCORDANCE WITH THE SPEC K
FICATIOHS AND REQUIRCNENTS Of THE CITY IN EFFECT AT THE TIME OF SUCH OWNERS'
ELECTION, A SIDEWALK % FECT IN LENGTH AND 4 FEET IN WIDTH LOCATED WHOLLY
ON AND WITHIN THE PUBLIC RIGHT- OF -W1V OF MORGAN STREET FDR PUBLIC USE,SAID
SIDEWALK TO BE CONSTRUCTED AND INSTALLED AT T11E OWNERS' SOLE EXPENSE AND IM
CONFORMITY WITH AND AS AM EXTENSION TO THAT PORTION OF PUBLIC SIDEWALX THAT
WILL BE kNSTALLED IN THE MORGAN STREET MIGHYpTWAY PARALLEL TO OWNERS'
PROPERTY AS PM@YIDtD IN THE CITY'S MORGAN STREET INPROVCWNT PROJECT PLAN
v7
OF TM OTHER THAN THE FEET OF SIBEWR.K HEREIN ABOVE I1IEKYVF7ED.
8.
IT IS FURTHER UNDERSTOOD THAT INC AGREEMENTS CONTAIREO HEREIN
WILL IN NO WAY EFFECT OR ALTCR THE ASBCOSWCNTS MADE BY THE CITY AGAINST
THE OWNERS /OR STREET SURFACING, CURBING, GUTTERS AND SUCH OTHER SIOCWALN
INSTALLATIONS DDT HEREIN PROVIDED VON OR PUBLIC IMPMWIEREMTS THAT WILL BE
INSTALLCD AS ACQUIRED IN THE CITTTS MOReAN STRCCT IMPROVEMENT PROJECT PLAN
OF 1957.
2
5�
IT IS FORTNER UNDERSTOOD ANN AGREED THAT THE PROVISIONS
CONTAINED IN THIS AGREEMENT SHALL CONSTITUTE A C,OVEKAMT RUNNING WITH
THE LAND AND SMALL 9E OINDIHO AND ENFORCEABLE AGAINST THE OWNEO$,
TIKIR HEIRS, TENANTS AND ASSIGNS, AND SMALL BE MINDIMO AND ENFORCEABLE
AGAINST THE CITY, ITS SUCCESSORS AND ASSIGNS.
6.
THIS AGREEMENT CONTAINS ALL OF THE PROVISIONS AGREED UPON BY
THE PARTIES HERETO AMD DISPLACES ALL PREVIOUS VERBAL AGREEMENTS OR
REPRESENTATIONS MADE BY EITHER PARTY CONCERNING THIS MATTER,
WITNESS OUR HANDS +N DUPLICATE ORIGINALS ON THIS DAY OF
•1957•
ATTESTz
CITY SECRETARY
APPROVED AS TD LEGAL FOCI THIS
DAY OF Wt
CITY ATTORNEY
CITY OF CORPUS CHRISTI
9Y
CITY MANAGER
MRS. J. Y. WOMACK, A WIDOW, AND
AS IHDEPENOEMT E%ECOTRI% IK THE
J. Y. WOMACA ESTATE
DECKER S. WOMACK
'UWEN W. WOHACK
OWNERS
THE STATE OF TEXAS,
COUNTY OF NUECES.
BEFORE ME, THE NNOERSIRNED AUTHORITY, GN THIS BAY PERSONALLY
APPEARED RUSSELL E. MMLERE, CITY MANAGER OF THE CITY N CGBPUS C*RISTIJ
TEKAS, KMOWM TO ME TG BE THE ►ESsoN WIIBSE BAIZE IS SNNSCRIBEO TO TIE
FOREGOING INSTIM/NEMT MID ACKAIW 4 02M TO ME TIIAT ME EIEOUTSO THE SAME
.3.
PON THE PURPOSES ANC CONSIDERATION THEREIN EXPRESSED, AID) IN THE
CAPACITY THEREIN STATED AM AS THE ACT AID DSED Sr SAID CITY.
GIVEN UNDER NY HAND AND SEAL OF OFFICE, TNIS THE DAY
Dr 1957.
NOTARY Pw1IC IN AHD F011 NURCts COUNTY,
TEXAS
THE STATE Or TEXAS j
COUNTY OF NUECES
BEFORE NE, THE UNDERSIGNED AUTHORITY, ON THIS OAT PERSONALLY
APPEARED MRS. J. Y, WOMACK, A WIDDv, AND INDEPENDENT EXECUTRIX OF THE
J. Y. W014ACK ESTATE, KNOWN TO NE TO OE THE PERSON WHOSE BANE OR SUB-
SCRIBED TO THE rOREDOING INSTRUMENT, AND ACKNOWLEDSED TO HE THAT SHE
EXECUTED THE SAME FOR THEPURPOS(S AND CONSIDERATION THEREIN EXPRESSED.
GIVEN UNDER MY HAND AM SEAL Cr UFrICE, THIS aAY or
•t9S7•
NOTARY PUBLIC IN AND FOR NUECES CWNTT,
TEXAS
THE STATE OF TEXAS i
COUNTY OF NUECES i
BEFORE W, THE UNDERSIGNED AUTHORITY, OR THIS DAY PERSONALLY
APPEARED DECKER S. WOMACN, KRONOR TO MC TO BE THE PENSION WHOSE NAME IS
SUBSCRIBED TO THE rORtOOING INSTRUMENT, AND ACKNOWLECSCO TO WE THAT NE
EXECUTED THE SAME FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED.
GIVEN UNDER NY HAND AND SEAL OF OFFICE, THIS THE DAY OF
1957.
NOTARY PUNLlc IN AHD FOR NUECES COUNTY,
TEXAS
THE STATE OF TEXAS
COUNTY OF
BEFORE ME, THE UNDERSt ONED AUTHORITY, ON THIS DAY PERSONALLY
APPEARED OVER W. WONACK, KNOWN TO HE TO OE THE PERSON WHOSE NANO IS
SUBSCRIBED TO THE rONEOOIRU INSTRUMENT, AND ACKNOWLEOOEO TO ME THAT HE
EXECUTED THE SAME FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED.
GIVEN UNDER HY HAND AND SEAL CF OFFICE, THIS THE DAY Or
NORWEVOC 1957•
(VOTARY PUBLIC IN AND FOR NUECtS COUNTY,
TEXAS
- 4 -
THE STATE OF TEXAS 0
p KNOW ALL KEN BY THESE PRESENTS:
COUNTY Of NUECES 0
Tit 15 60NTRALT ANN 4REEMENT DY AND BETWEEN R. J. BRYANT AND WIFE,
HELEN BRYANT, AND MR5. R. S. BRYANT, A WIDOW. AND ACTING AS INDEPENDENT
EKEGUTRIK OF THE R. G. DAYANT ESTATE# HEREINAFTER LALLLD - LWNLRS" AND
THE LITY OF i.ORPUs CHRISTI, TEXAS, ACTING BY AND THROUGH ITS DULY
AUTHORIZED LITY i,AWAGER, HER`ciNAFTER CALLED THE "CITY -,
111 N_ 5 s E i H
WHERE,,'. E:. J. BRYANT AND WIFE, HELEN BRYANT, ANC MRS. M- G-
BRYANT. A WIECW, AND ACTING AS INDEPENDENT EXECUTRIX OF THE R. G- BRYANT
ESTATE, ARE THE '�WNERS,Of I.oT 11. BLOCK 13, BAVVIEW .1 DOITION IN THE CITY
Of 6vRPU5 CHRISTI, TEXAS, WHICH LOT IS ADJACENT TO AND ABUTS UPON A PUBLIC
STREET WITHV[, $AFC' CITY KNO4ri5 AS I.,ORC,sN STREET; AND
v,HEREr,s. THE CITY 13 1H THE PRoCE55 OF IMPROVING MORGAN STREET WITH
STREET SURFACING,_ SIDEWALKS, CURDS AND GUTTERS, AND IS IN THE PROCESS OF
ASSESSING THE PROPE RTY OWNERS -HC' OWN PROPERTY ABUTTING SAID STREET FOR THE
GUSTS OF SAio fUBLiC IH ?ROVENEMT5; ANC
,jHMZAS, THE VWNERSI ?RGPERTV DOES HAVE AN EXISTING SIDEWALK OF A
125 FOOT LENGTH EXT£MOi IS PARALLEL WITH MORGAN STREET, RUNNING GENERALLY
EAST AND VEST, WHICH IS LOCATED WHOLLY UPON CWMERSS PRIVATE PROPERTY, THE
PARTIES HERETO HAVE AGREED AS FOLLOWS:
1.
THAT FOR AND IN CONSIDERATION OF THE CITY AGREEING TO REDUCE THE
ASSESSMENT CHARGE AGAINST THE OWNERS FOR THE INSTALLATION COSTS OF 128
FEET of NEW SIDEWALK, AND HOT TO CONSTRUCT SAID 128 FELT OF SIDEWALK, PRO-
POSED TO BE LOCATED ENTIRELY WITHIN THE PUBLIC RIGHT —Of -WAY Of MORGAN
STREET AS CONTEMPLATED BY THE CITY'S MORGAN STREET INPROYENENT PLANS OF
1957. AND THE CITY FURTHER AGREEING THAT THE 126 FEET OF SIDEWALK NOW IN
EXISTENCE. WHICH IS LOCATED WHOLLY ON OWNERS' PRIVATE PROPERTY. BE USED BY
THE PUBLIC AS A PUBLIC PASSAGEWAY AND WILL HEREAFTER BE NA +NTAINEO AND
CONTROLLED EXCLUSIVELY BY THE (;ITV* THE OWNERS AGREE TO PERMIT AND ALLOW
- 1 —
THE PUBLIC USE OF THE SAID 126 FEET OF SIDEWALK THAT IB INSTALLED AND EXISTS
UPON OWNERS- PRIVATE PROPERTY AS A PUBLIC PASSAGEWAY A140 SAID OWNERS FUR-
THER AGREE NOT Ti. INTERFERE IN ANY WAY OR AT ANY TIME WITH THE PUBLIC USE
OF SAID 126 FEET OF SIDEWALK.
2.
IT IS FURTHER AGREED THAT THE GITY WILL tW5TALL. DURING THE CON-
STRUCTION PERIOD OF THE CITY'S HGRGAH �TKE4T IMPROVEMENT PROJECT OF 14371
AT THE OWNERS SOLE EXPENSE. WHICH WWNEAS HEREBY AGREE TO PAY TO THE GITY
ON WRITTEN DEMAND. A 51DEWALK FOUR (4) FEET IN WIDTH FROM THE SiEST END OF
uwNERD' EXISTING i2Zi FGUT SIDEWALK T� THE EAST RIGHT -OF -HAY LINE DF ALA-
MEW, aTRLET ON TU THE NORTh RIGHT -OF -WAY LINE OF HURGAM STREET, WHICH IN
NU EVENT 5iiALL EXCEED TWENTY -ONE (21: FEET IN LENGTH, AND BE LOCATED EN-
TIRELY UPON WHEAL' PRIVATE PROPERTY FCR THE FURP05E OF PROVIDING A PUB-
LIC FAS530EW:;Y FRJN T14L 'URLIG KIGHT -UF -WAY TO THE LEST END CF THE 5AID
EXISTING 1G3 FEET OF SIDEWALK HEREINAEUVE IDENYIFIEO.
IT IS FURTHER AGREED THAT THE OWNERS SHALL. NGWEVER, HAVE THE
RIGHT TD TEPHINSATE THIS AGREEMENT DF THE PUBLIC USE OF OWNERS' PROPERTY.
AS SET FORTH HEREIN, ON THE OWNERS GIVING THE CITY FORTY -FIVE (43) DAVE'
WRITTEN NOTICE PRIOR TO THE LWRERS TAKING ANY ACTION IN REMOVING SAID 128 FEET
OF SIDEWALK THAT EXIST OR THAT WILL BE INSTALLED AS PROVIDED IN THIS AGR €E-
MENT ON CWNERS' PRIVATE PROPERTY OR OF SWNERS PROHIBITING OR ATTEMPTING TO
: PROHPROHIBIT OR INTERFERE IN ANY MANNER WITH THE PUBLIC USE OF SAID SIDEWALK
IBIT
ON OWNERS' PRIVATE PROPERTY.
4.
THE OWNERS AGREE, SHOULD THEY ELECT TO PREVENT THE PUBLIC USE OF
SAID 128 FEET OF SIDEWALK EXISTING. AND THAT WILL BE INSTALLED AS PROVIDED
IN THIS AGREEMENT ON OWNERS' PRIVATE PRCPFRTY, TO HAVE INSTALLED. CONSTRUCTER
AND COMPLETED WITHIN THE HEREIN PROVIDED 45 DAY BOTICE PERIOD TO THE CITY
- 2 -
AND IN AGCORDANCE WITH INC SPECIFICATIONS AND REQUIREMENTS OF INC CITY
IN EFFECT AT THE TINE OF SUCH OWNERS' ELECTION, A SIDEWALK LZU FEET
IN LENQTH AND 4 FEET IN WIDTH LOCATED WHOLLY ON AND WITHIN THE PUBLIC
KIQNT -OF+WAY OF HORGAN5TAEET FOR PUBLIC USE. SAID SIDEWALK TO BE CON -
STNUCTED AMB INSTALLED AT t1WHER6' SOLE ENPENSE IN THE MORGAN STREET WIGHT -
OF-WAV PARALLEL TO '�WMER51 PROPERTY AND IN CONFORMITY WITH PUBLIC SIDEWALK
INSTALLATIONS THAT WILL OE MADE ON UTHER FRUPEKTIES iN THE VICINITY OF
OWNERS' PROPERTY A5 REQUIR£0 BY THE LITY'S 14ONGAH JTREET IMPROVEMENT FRY
JECT FLAW OF 1457.
IT iS FURTHER UHbER SYODO THAT THE AGREEMENTS CONTAINED HEREIN WILL
IN NO WAY EFFECT GR ALTEH THE A5SESSMEM75 WADE BY THE CITY AGAIR57 THE
UWWERS FOR STREET 5URF -CiNG, CURBING. GUTTERS OR PUBLIC IRPROVEMSHT5 THAT
WILL BE INSTALLED A5 REQUIRED IN THE (;ITY'S MORGAN STREET !WPROVE<AENT PRO-
JECT PLAN OF 1)57.
6.
iT 15 FURTHER UHDEASTJUD AND AGAE£D THAT THE PROVISION5 CONTAINED
IN THIS AGREEMENT :,HALL C014$71TUTE A CGVEN.IMT RUNHING WITH THE LAND AND
SHALL BE BINDING AND ENFORCEABLE AGAINST THE C'WHERS. THEIR HEIRS, TENANTS
AND ASSIGNS. AND WHALL BE BINDING AND ENFDRCEABLE AGAINST THE CITY. ITS
SUCCUS014S AND ASSIGNS.
7
THIS AGREERENT CONTAINS ALL OF THE PROVISIONS AGREED UPON BY INC
PARTIES HERETO AND DISPLACES ALL PREVIOUS VERBAL AGREEMENTS ON REPRESENTA-
T IONS MADE BY EITHER PARTY CONCERNING THIS MATTER.
VI7NE5S CUR "INS IN DUPLICATE ORIGINALS ON THIS
- 3 -
DAY OF , 1957.
C iTV 4;F "AP65 CHR ISTi
BY
CITY MANAGER
ATTEST:
CITY SECRETARY
APFRGVEL, AS T� LEGAL FtR.H THC,
U.Y LT , 1957:
CITY i:YTORNCY
n. J. BRYANT
HELEN BRYANT
P. G. RYANT. A WIDOW, AND AS
INDEPENDENT EXECUTRIX OF THE R. G. BRYANT
ESTATE
OWNERS
THE STATE WF TEX.:.
COUNTY 'Or NUECES
BEFORE ME. THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARCD
RUSSELL E. MCCLtR E, CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TEAS, KNOWN
TO ME TO BE THE PERSON WHOSE NAME 19 SUBSCRIBEO TO THE FOREGOINS INSTRUMENT
AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME FOR THE PURPOSES AND CO11-
SIDERATION THEREIN EXPRESSED. AND IN THE CAPACITY THEREIN STATED AND AS THE
ACT AND DEER OF SASD CITY.
GIVEN UNDER MY HANG AND SEAL Of i1FKICE, THIS THE DAY OF
1999.
NOTARY PUBLIC IN AND FOR MUECES COUNTY,
TExA5
- 4 -
THE STATE OF TEXAS ¢
CUUNTY OF NMES ¢
B£FORE HE, THE UNDERSIGNED AUTHORITY., ON THIS DAY PERSONALLY
APPEARED R. J. BRYANT AND HELE }1 ERYANT, HIS WIFE, BOTH ICNOMH TO ME TO
BE THE PERSONS wHoSE NAMES ARE BUBSCRIBED TO THE FOREGOING IRSTRUMENT,
AND ACKNOWLEDGED TO HE THAT THEY EACH EXECUTEL THE SAME FOR THE PURPOSES
AND CGM$IDERA?IDN THEREIN EXPRESSED. AND THE SAID HELEN BRYANT, WIFE of
THE SAID R. J. BRYANT. HAYING BEEN EXAMINED BY ME PRIVILY AND APART FROM
NRR NUSSAND, AND HAYING THE SARK FULLY EXPLAINED TD HER. SHE, THE SAID
HELEN BRYANT, ACKNOWLEDGED SUCH INSTRUMENT TO BE HER ACT AND DEED, AND
DECLARED ?MAT SHE HAD WILLINGLY SIGNED THE SAME FOR THE PURPOSES AND CON-
SIDERATION THEREIN EXFRE5SED, ANO THAT SHE LID NOT WISH TJ RETRACT IT.
GiVLN L4duLg ZY iLAr'G %O JLaL GI Zy =:l,L, THIS THE DAY
of . 1957.
i10TAAY t "UBLIC IN AND FOR NU£CES GOUMTY,
TEXAS
BEFORL HE. THE OIfOERSIGMED AUTHORITY, OM THIS DAY PERSONALLY APPEARED
If S. P. C. BRYANT, A WIDOW, AND INDEPENDENT EXECUTRIX OF THE R. G. BRYANT
ESTATE. KNOWN TO ME TO BE THE PERSON WHOSE NAME 15 SUBSCRIBED TO THE PONE -
GOING INSTRU.-AENT, AND ACXNOWLEDGEL TG NE THAT SHE EXECUTED THE SANt FIR THE
PURPOSES AND CONSIDERATION THEREIN EXPRESSED.
G IVF4 UHi<€'li AY HAUD ANG SLAL OF D�F itrE, THIS THE DAY
CFA ^, 1957.
,OTARY PUBLIC IN /,ISD FOR 1U£CES ICOUNTY,
T£X.;S
US CHRIST], TEXAS
V
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 FOR THE
SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLU-
TION SHALL BE PASSED ON THE DATE IT IS INTRODUCED, AND THAT SUCH
ORDINANCE OR RESOLUTION SHALL BE "READ AT THREE MEETINGS Of THE CITY
COUNCIL; 1. THEREFORE. HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE
OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRO-
DUCED. OR AT THE PRESENT MEETING OF THE CITY COUNCIL.
R ESP ECT FFUULLY,
MAYOR
THE CITY OF CORPUS CHRISTI. TEXAS
THE CHARTER RULE WAS SUSPENDED BY
THE FOLLOWING VOTED:
FARRELL D. SMITH
W. J. ROBERTS
B. E. BIGLER
MANUEL P. MALDONADO, _
CHARLIE J. AILLS
ARTHUR R. JAMES
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OD ELL INGLE
THE ABOVE ORDINANCE WAS PASSED BY
THE FOLLOWING VOTE:
FARRELL D. SMITH
W. J. ROBERTS
B. E. BIGLER
MANUEL P. MALDONADO
CHARLIE J. AILLS
L
ARTHUR R. JAMES
yyy
ODELL INGLE
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