HomeMy WebLinkAbout15500 ORD - 04/23/1980 (2)jkh:23-8130st
AN ORDINANCE
AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI,
ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF
RECORD IN VOLUME 9, PAGES 565, ET SEC), OF THE ORDINANCE
AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND
PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED,
UPON APPLICATION OF SEAVIEW MEDICAL ENTERPRISES, INC., BY
GRANTING A SPECIAL COUNCIL PERMIT FOR THE ADDITION OF
,1i • E • iN 'E E
CONNOR TRACT IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY,
TEXAS, SUBJECT TO EXECUTION OF THE INDEMNIFICATION AGREE-
MENT ATTACHED AND MADE A PART OF THIS ORDINANCE, SUBJECT
TOTHEPLAT ATTACHED TO AND MADE A PART OF THIS ORDINANCE,
AND SUBJECT TO OTHER STATED CONDITIONS; KEEPING IN EFFECT
ALL OTHER PROVISIONS OF THE EXISTING ORDINANCEAS AMENDED;
REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING
AN EMERGENCY.
WHEREAS, the Planning Commission has forwarded to the City Council
its reports and recommendations concerning the application of
Seaview Medical Enterprises, Inc. for amendment to the zoning map of
the City of Corpus Christi;
WHEREAS, public hearing was held at which hearing all persons
wishing to appear and be heard were heard, to consider the same before the
City Council of the City of Corpus Christi, in accordance with proper notice
to the public, said public hearing having been held on Wednesday
April 2. 1980
, at Special . Council Meeting of the
City Council in the Council Chamber at City Hall in the City of Corpus Christi;
and
WHEREAS, by motion duly made, seconded and carried, it was decided
by the City Council that to approve the hereinafter set forth amendment would
best serve public health, necessity and convenience and the general welfare
of the City of Corpus Christi and its citizens:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. That the Zoning Ordinance of the City of Corpus
Christi, Texas, passed on the 27th day of August, 1937, appearing of record
in Volume 9, Pages 565, et seq, of the Ordinance and Resolution Records, as
amended from time to time, and in particular as amended by Ordinance No. 6106,
as amended, be and the same is hereby amended by making the change hereinafter
set out.
15500 .
SECTION 2. That a Special Council Permit for the construction and
operation of offices, medical and health facilities be granted for the Edwin E.
Connor Tract, situated in the 4600 block of Weber Road, Corpus Christi, Texas,
described in Volume 27, page 89,Map Records of Nueces County, Texas, subject
to execution of the Indemnification Agreement between the City of Corpus
Christi and Seaview Medical Enterprises, Inc., a substantial copy of which
is attached hereto, marked Exhibit "A", and made a part hereof; subject, further,
to the site plan, a copy of which is attached hereto, marked Exhibit "B", and
made a part hereof; and further subject to the conditions hereinafter more
particularly set out:
(1) So long as the rear portion of the property is not used for
the.construction of additionalbuildings or parking lot, the
same shall be continuously maintained as a drained and grassed
park area.
12) The extended care of tubercular patients is prohibited.
(3) The existing masonry walls on the north and south boundary
lines shall be maintained and extended in the future to
a point which is perpendicular with future development
areas and equal to the length of the futuredeveloped
area, with a cyclone fence on the remainder of the property
where fences do not now exist.
(4) The parking requirements for hospital and office uses shall
be in compliance with the Zoning Ordinance.
All roads and parking areas on the Edwin E. Connor Tract
are tobe surfaced and maintained with asphalt or other
suitable hard surface material.
(6) -The trash area shall be located at the extreme east side
of the parking lot or in such other location as to maintain
it at a 60 -foot distance from the residential developments.
Such trash area shall be maintained in a manner so that it
does not constitute a nuisance to the residential area.
(7) All lighting fixtures used in the parking area and around
the building shall be of the directional type and shall be
installed in such a manner as to shield the adjacent resi-
dences from any direct light source and in no case shall
they be greater than 25 feet above the average elevation
of the site.
(8) The masonry wall along the north boundary line of said
property shall be lowered at its northwest corner in such a
manner as to provide an open view for motorists onto Weber
Road and thereby removing a traffic hazard.
(9) No use shall be allowed on this tract except uses allowed
within the "R -1B" One Family Dwelling District and offices,
medical and health facilities.
(10) Height and building setback lines are hereby established on
the Edwin E. Connor Tract from the north, south, east and
west boundary lines so that future construction of any
permanent main buildings shall not be closer than indicated
on the site plan attached hereto and made a part of this
ordinance.
(5)
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(11) All conditions uniformly imposed for any construction over
a sanitary fill by the Department of Inspections and
Operations shall be satisfied.
(12) Seaview Medical Enterprises and Physicians and Surgeons Hospital
shall hold the City harmless for any and all losses incurred
as a result of construction of any type over the sanitary
land fill and to indemnify the City in the event of any loss
incurred by the City as a result of such construction. A
hold -harmless and indemnification agreement shall be entered
into by the City and Seaview Medical Enterprises, Physicians
and Surgeons Hospital, and such agreement shall be attached
and become a part of this site plan.
(13) Building permits shall be issued by the City of Corpus Christi
for future construction of uses permitted under the terms and
conditions of this Special Use Permit without regard to time
limitations measured from the date of enactment.
(14) Ingress and egress shall only be from Weber Road.
(15). Two (2) illuminated nonflashing signs, not to exceed 3' 6"
aboveground surface to be located in areas designated on
attached site plan.
In the event the Board of Adjustmentgrants any special exception
or variance to the. Zoning Ordinance, applicable to the property included in
the Special Permit herein granted, other than the one specified in this
Special- Permit, said Special Permit will be void and of no force and effect
whatsoever.
SECTION 3. That the official zoning map of the City of Corpus
Christi, Texas, be, and the same is hereby, amended as herein ordained.
SECTION 4. That the Zoning Ordinance and Map of the City of
Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended
from time to time, except as herein changed, shall remain in full force and
effect.
SECTION 5. That all ordinances or parts of ordinances in conflict
herewith are hereby expressly repealed.
SECTION 6. That the necessity of immediately making aforesaid
change for the purpose of maintaining at all times a comprehensive zoning
ordinance for the City of Corpus Christi 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 introduc-
tion and that such ordinance or resolution shall be read at three several
meetings of the City Council, and the Mayor having declared that such emergency
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and necessity exist, 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 after ,ilts passage,
IT IS ACCORDINGLY SO ORDAINED, this the c2SJ day of C.J�,er,o�
1980
ATTEST:
Gi�y ec etary • MAYOR
APPROVED:
73rd DAY OF. APRIL. 1980 .
J. BRUCE AYCOCK, CITY ATTORNEY
THE CIS OF CORPUS CHRISTI, TEXAS
THE STATE OF TEXAS 1
COUNTY OF NUECES
INDEMNIFICATION AGREEMENT
KNOW ALL MEN BY THESE PRESENTS:
•
This agreement entered into by and between the City of Corpus
Christi, hereinafter called "City", acting by and through its duly authorized
City Manager, R. MARVIN TOWNSEND, and SEAVIEW MEDICAL ENTERPRISES., INC., a
Texas corporation, hereinafter called "Seaview", acting by and through its
duly authorized officers:
WITNESSETH:
WHEREAS, Seaview has made application to the City Council of the
City for rezoning of the Edwin E. Connor Tract, according to the map thereof
of record in Volume 27, page 89, Map Records of Nueces County, Texas, from
"R -1B" One Family Dwelling District to "AB" Professional Office District; and
WHEREAS. public hearing has been held and the City Council has
denied said zoning as requested but in lieu thereof has approved the issuance
of a Special Permit, subject to certain conditions as set forth in the ordi-
nance authorizing said permit; and
WHEREAS, among the conditions imposed by the City Council for the
granting of a Special Permit to Seaview is the agreement by Seaview to
hold the City harmless from any liability as the result of construction
over a sanitary fill and the agreement by the hospital to indemnify the
City in the event of any loss incurred by the City as a result of such
construction:
NOW, THEREFORE, be it mutually agreed that for and in considera-
tion of the issuance of a Special Permit by the City Council of the City
for the use and benefit of Seaview, to construct and operate a hospital
and doctors'office building on the Edwin E. Connor Tract located in Corpus
Christi, Nueces County, Texas, and independently and apart from the
issuance of said Special Permit, for value received and other good and
valuable consideration delivered by the City of Corpus Christi to Seaview,
the receipt in hand of which is hereby acknowledged by Seaview, and the said
Seaview hereby agrees to hold the City harmless from any and all claims.
leases, causes of action and costs resulting from the construction of a
hospital and doctors' office building over a sanitary fill, and further
agrees to indemnify the City for any loss incurred by it by virtue of such
construction.
It is expressly understood and agreed that the obligations imposed
herein shall be a covenant which will run with the land and be binding on
the successors and assigns of Seaview.
Further, it is expressly agreed that this agreement is for the
protection of the City of Corpus Christi and it is not intended or made
for the benefit or enforcement of .third parties. Seaview expressly reserves
the right to proceed against third parties, without limitation (excepting only
the City -of Corpus Christi), for any loss incurred by it by virtue of such
construction.
ATTEST:
WITNESS OUR HANDS, this the day of
CITY.OF CORPUS CHRISTI
City Secretary
APPROVED:
23rd DAY OF APRIL, 1980:
J, BRUCE AYCOCK. CITY ATTORNEY
By
By ...
, 1980.
R. Marvin Townsend, City Manager
Assistant City Attorney SEAVIEW MEDICAL ENTERPRISES, INC.
By:
President
ATTEST:
Secretary
THE STATE OF TEXAS 1
COUNTY OF NUECES 1
BEFORE ME, the undersigned authority, on this day personally
appeared R. MARVIN TOWNSEND, CITY MANAGER of the City of Corpus Christi,
Texas, known to me to be the person whose name is subscribed to the foregoing
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•
instrument and acknowledged to me that he executed the same for the purposes
and consideration therein expressed, and in the capacity therein stated and
as the act and deed of said City.
GIVEN UNDER MY HAND AND SEAL OF OFFICE. this the day of
April, 1980.
Notary Public in and for Nueces County,
Texas
THE STATE OF.TEXAS 4
COUNTY OF NUECES II
BEFORE. ME, the undersigned authority, on this day personally
appeared , President of Seaview
Medical Enterprises, Inc., a corporation, known to me to be the person whose
name is subscribed to,the foregoing instrument and acknowledged to me that
he executed the same on behalf of the Corporation and for the purposes and
consideration therein expressed, and in the capacity therein stated and as
the act and deed of said Corporation.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the- day of
, 1980.
Notary Public in and for Nueces County,
Texas
Page 3 of 3 pages - Indemnification Agreement
Corpus Christi, xas p
23 day of ' l , 19 0 a
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 suspension of the Charter
rule or requirement that no ordinance or resolution shall be passed finally on
the date it is ihtroduced, 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 ordinance finally,on the date it
is introduced, or at the present meeting of the City Council.
Respectfully,
MAYOR
THE C OF CORPUS CHRISTI, TEXAS
The Charter rule was suspend
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dunphy
Betty N. Turner
Cliff Zarsky
by the following vote:
The above ordinance was passed
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
by
the
following vote:
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