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HomeMy WebLinkAbout05571 ORD - 11/18/1959IVl3:JKH:10 -30-59 4- AN ORDINANCE AUTHORIZING THE ACCEPTANCE BY THE CITY, AND FILING IN THE 0 FICE OF THE CITY SECRETARY, OF THE AGREEMENT OF GUARANTY TITLE AND TRUST COMPANY TRUSTEE, PROPERTY OWNS ABUTTING ON BALDWIN BOULEVARD, FOR INSTALLATION OF SIDEWALKS AT THE COST AND EXPENSE OF SAID PROPERTY ER IF, AS AND WHEN REQUIRED BY THE ZONING AND PLANNING COMISSION AND THE DIRECTOR OF PUBLIC WORKS; AND DECLARING AN EMERGENCY. WHEREAS, THE CITY COUNCIL AT ITS PUBLIC HEARING ON NOVEMBER 11, 1959, CONSIDERED THE MATTER OF PROPOSED ASSESSMENTS AGAINST PROPER- TIES ABUTTING ON PORTIONS OF BALDWIN BOULEVARD IN THE CITY OF CORPUS CHRISTI FROM THE WEST BOUNDARY LINE OF PORT AVENUE TO THE SOUTH BOUNDARY LINE OF STATE HIGHWAY NO. 44, AGARITO STREET ONE HUNDRED FEET (1001) EAST FROM THE NORTH BOUNDARY LINE OF BALDWIN BOULEVARD, MORGAN STREET FROM BALDWIN BOULEVARD TO MOHAWK STREET, CHEYENNE STREET ONE HUNDRED FEET (1001) NORTH FROM THE NORTH BOUNDARY LINE OF BALDWIN BOULEVARD AND PUEBLO AVENUE ONE HUNDRED FEET (100') NORTH FROM THE NORTH BOUNDARY LINE OF BALDWIN BOULEVARD; AND WHEREAS, IT WAS REQUESTED BY GUARANTY TITLE AND TRUST COMPANY, TRUSTEE, PROPERTY OWNER OWNING TRACT OF LAND ABUTTING ON BALDWIN BOULEVARD TO OMIT THE CONTEMPLATED IMPROVEMENT OF INSTALLATION OF SIDEWALKS'WITH THE UNDERSTANDING THAT THE SAID GUARANTY TITLE AND TRUST COMPANY WILL FURNISH AN AGREEMENT AGREEING TO INSTALL SIDEWALKS AT THE COST AND EXPENSE OF SAID PROPERTY OWNER IF, AS AND WHEN SUCH IMPROVEMENT WAS REQUIRED BY THE ZONING AND PLANNING COMMISSION, AND THE DIRECTOR OF PUBLIC WORKS; AND WHEREAS, AGREEMENT HAS BEEN TENDERED TO THE CITY BY THE SAID GUARANTY TITLE AND TRUST COMPANY: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE AGREEMENT IN THE FORM APPROVED BY THE CITY ATTORNEY BE RECEIVED AND ACCEPTED FOR AND ON BEHALF OF THE CITY AND FILED IN THE OFFICE OF THE CITY SECRETARY AMONG THE OTHER RECORDS OF THE CITY AS FOLLOWS: 5671 1� • AGREEMENT FROM GUARANTY TITLE AND TRUST COMPANY, TRUSTEE, CONCERNING J. C. RUSSELL FARM BLOCK NO. 17, FRONTING THE NORTH AND EAST SIDES OF BALDWIN BOULEVARD FOR A DISTANCE OF 1203.54 FEET, AND THE SOUTH AND WEST SIDES OF SAID BALDWIN BOULEVARD FOR A DISTANCE OF 1375.2 FEET AND EXTENDING FROM THE WEST LINE OF THE OLD BROWNSVILLE ROAD TO THE SOUTH LINE OF STATE HIGHWAY NO. 44, SECTION 2. THAT UPON THE PASSAGE OF THIS ORDINANCE, THE DIRECTOR OF PUBLIC WORKS SHALL AUTHORIZE AND DIRECT THE CONTRACTOR NOW INSTALLING SAID SIDEWALK IMPROVEMENTS TO OMIT SUCH SIDEWALK IMPROVEMENTS AT THIS TIME UNDER SAID CONTRACT, AND THAT SAID SIDEWALK BE DIRECTED TO BE INSTALLED UNDER THE TERMS OF THE AGREEMENT HERESY.AGCEPTED OF SAID PROPERTY OWNER. SECTION 3. THE NECESSITY FOR ACCEPTING THE AGREEMENT DESCRIBED IN SECTION 1 HEREOF 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 REGULAR MEET- INGS OF THE CITY COUNCIL, AND THE MAYOR, HAVING DECLARED THAT SUCH EMER- GENCY AND NECESSITY EXIST, 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 SO ORDAINED. PASSED AND APPROVED, THIS THE RDAY OF , 1959. CITY OF CORPUS CHRISTI, TEXAS CITY SECRE ARY APPROVED AS TO LE AL FORM THIS THE �DAY OF D-. , 1959: CITY ATTORNEY T1 E STATE OF TI :►S ) k Q COU14TY OF Out= ) 114EftM, on the 11th day of Noyerabar, 1959, at 3 o•clo k P. ti., pursuant to proper'publicetion of novice Lhereofa the City Council of the City of Corpus.Christi` hold a public hearing in the Council. Chamber of the City lull in Corpus Christi# upon -the proposed assessments and the amount to be assessed ava�t each parcel of propartp and the real and true owners thereof, all in connection with improvement of.a portion of Baldwin Boulevard -in said City from the West boundary line of Port Avenue to the South boundary line of State Highway No. 44> Aearito Street one hundred, Beet (IWO) East from. the North boundary line of Baldwin Boulevard,. Morgan Street from Baldwin Boulevard to riTohawk Street, Cheyenne Street one hundred feet , (1000) Plorth from the North boundary line of ':Baldwin Boulevard and Pueblo Avenue one hundred. feet (100t) North from'' the North boundary line of Baldwin Boulevard, and tffi AS,.there are included in said contemplated improvemenLe certain Improvements, upon Baldwin Boulevard abutting ].ands belong to Guaranty Title and Trish Company et al described as portions of J. Go Buasell Para Block Vo. 17, fronting the Torch and East sides of Baldwin Boulevard for a distance of 1203.54 feet, and the South and West sides of said Baldwin Boulevard for m distance of 137e.2 'feet and extendlne from the Meat line of the 'Old Brownsville Road to the South lime of State H10my No. 441, such improvements including the conLtruction of a total of 20i328,16 aquare feet of sidewalk paving at a coat of Four Thousand Three Hundred Ninety -Niue and 60/100, Doll -ars zonara 0,.,39940) for said sidewalk im-provements, and Ui jtBAS, it has been determined and agreed by thr Oi.ty and Guaranty Title and Trust Company at al, as owners of said J. Q. Russell Farm Block Ido. 17# that the construction and installation of sidevalk inprovenewi-s in said Farm Block No 17 should be po-tporwad pending further ii%prrovements of said pramleea■' all'oonditioned upon certain covonants and undertakirigs., horeinbelow Get outoa ri,bRj :TIIE ©U, IM OW Aft. M4 D V TI=E 'PIiESENTSs . That Guaranty Titlo.and Trust Company# aowing by and tbrouCa its duly authorised President, acting for itself And as _ Agent for : the other. t mera of ai Interacts in said ,Fame Block Not 17, for and in consideration of the promises and the elimination of the assessment of pour Thousand Three Hundred Tiinaty-tlino and 90/100 Dollara tv4„399,eOj covering said side- walk i provement, does hereby Covenant and agree, -. 1. That subject to the limitation below, 'upon the improve ,sent of the premisles above,desckbed. to install or cause to be installed such sidewalka 4ccordint to,the plaw and specifications for the 1- aprovenaht of said Baldwin Boulevard upon which such assessment Was made and complets the saaei satisfactorily to the.- 'Director of public 'forks, or other authorized Agency of the City of Corpua Christi.. 2. That such lmprava�enta' shall be- without coat to the City of Corpus Christi, Texas, 3. Provided# however, that acid Guaranty Title and Trust CompxW at s1, its and their successors and assigns, shall. not be required to, install said sidetralko unlaas and until J, C. Russell Fares HZook Ito. 17 or oome. party thereof Is used for some purpose other than qs vacmt land; but said sidewalk .v ill, be installed -and_ this agreement Is to oblizate the.undersiened ewnerp, ita and their succoadora and assicna to install said sidewalk improvements or driveway portions In lieu of the same, or part thereof, as may be approved by the Director of Public Works -yin connection with the isouance Of' a permit for Improvements thereon, and it is acreed that said aidewatk or drivetwf improvements win be constructed coincidentally with any proposed use of land for;other than as vacant# unused lands* 4# These presents shall be binding upon the said Guaranty Title and Trust Company et al, its and their successors, and assigns, and shall constitute a covenant running with the Zane. F iCUTED this the ^, day of I sivember, 1959, ATi'`EBTd GIiARANTY TIT1= AND MUST CCUPANY secr ®t ary For itself and as Agent for. ell persons ' v interests in said J. e. Russell Farm Mock No• 17 trw y2- CORPUS CHRISTI TEXAS /fDAY OF 19-Z2 TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS 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 FINALLY ON THE DATE IT IS INTRODUCEDp 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 REQUIRE- MENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRODUCED OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY 04i0eR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOL.DTE: ELLROY KING JAMES L. BARNARD MRS. RAY AIRHEART JOSEPH B. DUNN PATRICK J. DUNNE Ci R. A. HUMBLE GABE LOZANO, SR. Gl THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: ELLROY KING JAMES L. BARNARD MRS. RAY AIRHEART JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GAGE LOZANO, SR. •