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Home My WebLink About16140 ORD - 03/25/1981jkh:3-25-81;lst AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH INDUSTRIAL SALVAGE COMPANY TO SUE PRIOR OWNERS OF A 3.3 ACRE TRACT AT AGNES AND FLORES STREETS TO OBTAIN COM- PLIANCE WITH THE PLATTING ORDINANCE AND TO ALLOW INDUSTRIAL SALVAGE TO OPERATE ITS ALUMINUM RECYCLING FACILITY WITHOUT FINAL PLAT APPROVAL PENDING OUTCOME OF THE LITIGATION, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERE- TO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager be and he is hereby- authorized to execute a contract with Industrial Salvage Company to sue prior owners of a 3.3 -acre tract at Agnes and Flores Streets to obtain compliance with the Platting Ordinance and to allow Industrial Salvage to operate its aluminum recycling facility -without final plat approval pending outcome of the liti- gation, all as more fully set forth in the contract, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A". SECTION 2. The necessity to authorize execution of the aforesaid contract at the earliest practicable date 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, 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 its passage, IT IS ACCORDINGLY SO ORDAINED, this the ..2. day of March, 1981. ATTEST: 'Ci £yetary APPROVED: 2-S1— DAY OF MARCH, 1981: J. BRUCE A.C;CK, CITY ATTORNEY By Assi jant City Attorney MAYOR THITY OF CORPUS CHRISTI, TEXAS 16140 MICROFILMED, SEP 7 1984 •,THE STATE OF TEXAS 1 KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES i • Whereas, on September 1, 1978, Anglo Iron & Metal Company of San Juan (hereinafter "Anglo") sold a certain tract of land to Industrial Salvage Com- pany of Corpus Christi (hereinafter "Industrial"), suchproperty being described as follows: A tract of land out of a 8.01 acre tract of the Francis Hatch Estate, which is a portion of the Peterson Tract in Corpus Christi, Nueces County, Texas, as more fully described in Exhi- bit "A" of the "Conveyance, Transfer and--Assignmentmfrom Anglo Iron and Metal Company of San Juan to Industrial Salvage Company, as recorded in Volume 1544, p. 573, Deed of Trust Records of Nueces County, Texas. Whereas, said conveyance was made by metes and bounds description without filing a proper plat and obtaining approval thereof by the Planning Commission or City Council of the City of Corpus Christi, Texas, as required by Texas law and the Charter and ordinances of the City of Corpus Christi, Texas (hereinafter "City"); and Whereas, Industrial states it was a good faith innocent purchaser; and Whereas,, Industrial has filed an application for plat approval of said tract purchased by it; and Whereas, the City Planning Commission- has approved said -plat subject to certain conditions; and Whereas, Industrial has been unable to meet said conditions; and Whereas; final plat approval has not been obtained, and Industrial has been restrained by the City Building Official from accomplishing certain construction on said property until it has obtained plat approval; and Whereas, Industrial states that said restraint and lack of final plat approval have created genuine hardship for it; and Whereas, it was the duty and obligation of Anglo to obtain plat approval at the time of the conveyance to Industrial and to take all steps necessary to obtain such approval; and Whereas, previous conveyances of said tract described above and of the 8.01 acre tract of which said Industrial tract is a part have been made in violation of the platting laws; and - Whereas, the various parties to said conveyances violated the platting Whereas, Industrial and City are desirous of causing the platting laws to be complied with. Therefore, City and Industrial agree as follows: 1. City and Industrial will join as Plaintiffs and bring suit within thirty (30) days of the date of this agreement against Anglo and against any prior owners of the Industrial tract or the 8.01 acre tract, designated by the City, who may have been responsible for conveying. the property without obtaining required plat approval. 2. In said suit, City and Industrial shall be represented by their own attorneys, and shall each bear its share of litigation expenses. 3. Said suit shall petition the Court to require the Defendants to cause the -entire 8.01 acre tract to be platted in conformity with State and local law, to pay all damages resulting from said noncompliance, to bear all costs of such compliance, and to grant such other relief against Defendants as either Plaintiff may be legally entitled to. 4. Should said litigation be unsuccessful, or should City and Indus- trial agree to discontinue it, or should Industrial be dismissed from the suit, Industrial will proceed forthwith to take all steps lawfully'- required to obtain separate plat_approval of the tract purchased by it. 5. City shall hold in abeyance its restraint on Industrial's opera- tions from the date of this agreement until conclusion of the agreed litigation, and Industrial shall be permitted to operate its premises for the exclusive pur- pose and use of aluminum recycling until conclusion of the -agreed litigation. Executed this 21.- day of By , 1981. INDUSTRIAL SALVAGE COMPANY M.A. Kofpack, President ATTEST: CITY OF CORPUS CHRISTI City Secretary APPROVED: DAY OF , 1981: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney By R. Marvin Townsend, City Manager Corpus Christi, Texas i .2, day of , 19 21 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 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 ordinance finally,on the date it is introduced, or at the present meeting of the City Council. Respectfully, MAYOR THE Y OF CORPUS CHRISTI, TEXAS The Charter rule was suspend_d by the following vote: Luther Jones Edward L. Sample Dr. Jack Best Jack K. Dumphy Leopoldo Luna Betty N. Turner Cliff Zarsky The above ordinance was passed Luther Jones Edward L. Sample Dr. Jack Best Jack K. Dumphy Leopoldo Luna Betty N. Turner Cliff Zarsky by the following vote: 1f140 • STATE OF TEXAS, ss: County County of Nueces. PUBLISHER'S AFFIDAVIT 231837 CITY OF C.C. .l/4.b Before me, the undersigned, a Notary Public, this day personally came BILLIE J. HENDERSON who being first duly sworn. according to law, says that he is the ACCOUNTING. :CLERK of the Corpus Christi Caller and The Corpus Christi Times, Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of NOTICE OF PASSAGE OF ORDINANCE NO. 16140.... of which the annexed is a true copy, was published in THE CORPUS CHRISTI CALLER. -TINES on the. 6th__ day of APRIL 19 81, and once each day thereafter for one consecutive day one Times. $..__. 60.68 _latapigeNgiRSONIOLOJULk, Subscribed and sworn to before me this 16th day of APRIL LOIS W • 19. 81 INN Notary ublic, Nueces County, Texas ,, '".447.1 — IVOTIcE OP P/}SSAG 1 1110 ^ OR ORDINANCE NO. 16040Il 'AENDING• CHAPTER 37, "PAWNBROKERS AN SECONDHAND DEAL ERSM",.OF, THE CODE 0 ORDINANCESIx CITY 0 CORPUS CHRISTI, 1976 RE- VISION„ AS FOR TON AMENDED, 1(E PURPOSE O CLARR7YING AND EX- PANDING THE REGUt CATIOF PAWN- BROKERS, SECONDHAND DEALERS AND GEM AND METAL DEALERS; CHANGING THE TITLE TO INCLUDE GEM AND MET- AL DEALERS; DEFINING REQUIRING RECORDSTOBE KEPTON TRANSACTDEKEET Y A PAWNBROKERS, SEC• METTALONDHANDE LERS;MPR• VIDING FOR POLICE IN AND S IONS OF SAID P D AND STOCK OF SAID PERS SONS; PROHIBITING ALS TERATIONS AND REMOV- AL OF PROPERTY RECEIVED BY SUCH PER ,SONS FOR A PERIOD 0 FORTY-EIGHT HOUR SHIP AND PEXCEPTION;H PROi HIBITING PURCHASES SONS WITHOUT MINORS NDENTI' FICATION; REQUIRING REGISTRATION OF ITIN• VRDING DEALERS; ASREGIIS. TRATION FEE; REQUIRING A BOND; LIMITING APPLI- CABILITY OF THE AR- TICLE, PROVIDING FOR AFINE NOT EXCEEDING 5200 FOR VIOLATION; PO• VIDING FOR SEVER- NG ABILITY; PUBLIICAPT ONID WAS PASSED AND AP- PROV ED by the City Council of the City of Corpus Christi, Texas during the Regular Council Meeting held on the 1st day of April, 1981 at 2:00 p.m. and providing publiia- pubn licatiot n of the City of Ce or- pus Christi, Texas. ISSUED UNDER MY HAND ANDSEAL f Inc thiCs 01 the Ca2nd�607 of Texas 1981. -s•Bill G. Read, City Secretary City of Corpus Christi, as r