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Home My WebLink About10966 ORD - 07/12/1972JRR:ml:7-10- 72;1st TEXAS: AN ORDINANCE GRANTING TO RAY PETERSON A REVOCABLE EASEMENT TO USE PORTIONS OF THE ALLEY RUNNING THROUGH BLOCK 15, CUIPER ADDITION, AT THE POINTS WITHIN THE LIMITS HEREIN SET FORTH FOR THE INSTALLATION AND MAINTENANCE OF REFRIGER- ATION EQUIPMENT AND APPLIANCES; PROVIDING FOR FORFEITURE OF THE EASEMENT GRANT IN CASE OF FAILURE ON THE PART OF THE GRANTEE TO OBSERVE THE TERMS AND RESTRICTIONS OF THE ORDINANCE SETTING OUT THE TERMS AND CONDITIONS THEREOF; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. That Ray Peterson, of the City of Corpus Christi, be,• and he is hereby granted the right to build, maintain and use refrigeration equipment and appliances adjacent to and at such points as are hereinafter provided in the designated alleyway running through Block 15, Cuiper Addition, in the City of Corpus Christi, Nueces County, Texas, under the following terms and restrictions: 1. The refrigeration equipment and appliances shall be placed, erected and maintained in such manner and in such places as not to unreason- ably interfere with the use of the alleway by the City of Corpus Christi, or the inhabitants thereof; and the placing, construction and maintenance of said equipment and appliances, including the attachments upon the same, shall at all times be subject to the control of the City Council and appropriate City officials of the City of Corpus Christi, Texas, in order to protect the rights and conveniences of third parties and the public generally within such city. 2. The permission hereby granted shall apply to only the following areas, numbering 1 and 2, respectively: No. 1. Being the southeast seven (7) feet of lots 13, 14, 18, 19 and 20, Block 15 of the Cuiper Addition to the City of Corpus Christi, as shown by map or plat of said addition recorded in Volume 10, Page 37 of the Map Records of Nueces County, Texas, to which reference is hereby made for more particular description. No. 2. Being the southeast six (6) feet of Lots 2,.3,. 4 and 5, Block 15 of the Cuiper Addition to the City of Corpus Christi, as shown by map or plat of said addition recorded in Volume 10, Page 37 of the Map Records of Nueces County, Texas, to which reference is hereby made for more particular description. v _ No. 3. Roof overhang or not exceeding three feet (3') on the building located on Lot 10 in said Block 15, Cuiper Addition to the City of Corpus Christi, Texas. No. 4. Fencing enclosing parking area on Lots 6 and 7, extending six feet (6') in the alleyway abutting said Lots 6 and 7 in said Block 15, Cuiper Addition. That no other portion or portions of said alley shall be occupied other than the portions herein designated. 3. The full control and management of said alleway is expressly reserved to the City of Corpus Christi, and the City reserves the right to cancel this revocable easement upon thirty (30) days written notice for any purpose. 4. This permit, as well as all rights herein granted and exercised thereunder, may be assigned by the Grantee herein, as well as by all succeed- ing grantees at their option, or the rights of such grantee or successors herein may be transferred upon foreclosure proceedings or by judicial sale; provided, however, that the rights pertaining to the alleyway adjoining Lots 13, 14, 18, 19 and 20, and the rights herein granted in the alleyway abutting Lots 2, 3, 4 and 5, in said Block 15, shall be incidental to the ownership of Lots 2 and 3. 5. Grantee, his heirs and assigns, shall keep any and all machinery, equipment, applicances and attachments thereto in a safe and operating condition and protect the same by all reasonable safety precautions and equipment so as to protect all persons from harm or injury by reason of the existence of said equipment and installations. , 6. A failure upon the part of the Grantee herein, his successors or assigns, to observe the terms and restrictions of this ordinance shall, if continued or persisted in after due notice in writing and due opportunity to observe this ordinance or to remedy any non - observance thereof, shall be * grounds for the forfeiture and termination of all rights under this grant. 7. This ordinance shall be effective e-ati 1972, following its passage and approval as provid by t City Charter. SECTION 2. Publication shall be made one time in the official publication of the City of Corpus Christi, by publishing the caption of this ordinance, stating in substance the purpose of the ordinance. -2- SECTION 3. The necessity to grant the revocable easement herein - above described in order that the same may be used for the purposes set forth 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 but that such ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor having declared such emergency and necessity to exist, and having requested the suspension of the 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.a£ ter its passage and publication, IT IS ACCORDINGLY SO ORDAINED, this the ay of July, 1972. ATTEST* ;�Vo -,- /,-r' City Secre ar APPROVED: DAY OF JULY, 1972: ZiWy AttOrn y ` 3 CORPUS CHRISTI TEXAS �7 1,;,tQ. DAY OF _� 19 -7-2j TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY •CLAUSE OF THE FOREGOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN- SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION 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 COUNCIL; I, THEREFORE, REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI- NANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTF LYE ' O YOR THE CITY OF ORPU CH ISTI, TEXAS Ll w-A THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: RONNIE SIZEMORE �i CHARLES A. BONNIWELL ROBERTO BOSQUEZ, M.D. ([X� -y2ytN • � '_ i REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. ' J. HOWARD STARK THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: BONNIE SI ZEMORE CHARLES A. BONNIWELL ROBERTO BOSQUEZ, M.D. 'REV. HAROLD T. BRANCH THOMAS V. GONZALES Q�CIX:- GAGE LOZANO, SR. J. HOWARD STARK pUBLIS14EWS AFFIDAVIT STATE OF TEXAS, day Personally came ............. .... County of Nueces - undersigned, a Notary Public' this says that he is the Before me, the who being first duly sworn' according to law' Christi Ti-es, G. Barnes .............................. of the Corpus Christi Caller and The Corpus ..��Uo.tj ..... .................................... - Texas, in said County and State, -and that the publication of d at Corpus Christi, OF IID_IIUIIr 1,0...,.o966 ............................... ... .......... . publishe GR . .................. .......... ............... 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