HomeMy WebLinkAbout020222 ORD - 03/01/1988AN ORDINANCE
AUTHORIZING THE EXECUTION OF A USE PRIVILEGE AGREEMENT WITH
CHARLES DeCOU TO ALLOW THE INSTALLATION OF AN OVERHEAD
BUILDING CANOPY APPROXIMATELY NINE FEET ABOVE THE SIDEWALK
LEVEL IN THE PUBLIC RIGHT-OF-WAY OF WILLIAMS STREET; AND
DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That the City Manager is hereby authorized to execute a
Use Privilege Agreement with Charles DeCou, owner of the building at 316
Williams Street, to allow the installation of an overhead building canopy
approximately nine feet above sidewalk level in the public right-of-way of
Williams Street, all as more fully set forth in the Use Privilege Agreement, a
substantial copy of which is attached hereto and made a part hereof, marked
Exhibit A.
SECTION 2. That upon written request of the Mayor or five Council
members, copy attached, to find and declare an emergency due to the need of
executing the abovementioned Use Privilege Agreement at the earliest practicable
date, such finding of an emergency is made and declared requiring suspension of
the Charter rule as to consideration and voting upon ordinances at three regular
meetings so that this ordinance is passed and shall t-keffe t upon first
reading as an emergency measure this the ' P day of
19 gg .
ATTEST:
/671,p,e-S?
City Secretary M
APPROVED: //moi DAY OF / y -(V, 19
HAL GEORGE, CITY ATTORNEY (�
By
ssis ant City Attorn
205RP098.ord
THE CITY OF CORPUS CHRISTI, TEXAS
zozzz MICROFILMED
USE PRIVILEGE AGREEMENT
THE STATE OF TEXAS §
COUNTY OF NUECES §
THAT the City of Corpus Christi, acting by and through its duly
authorized City Manager, Craig A. McDowell, in accordance with Article IX,
Section 1, Corpus Christi City Charter, for and in consideration of the sum of
One Hundred Dollars ($100.00) to it in hand paid by Charles Decou, Owner, of
Corpus Christi, Nueces County, Texas, the receipt of which is hereby
acknowledged, has granted and conveyed and by these presents does grant and
convey, upon the conditions hereinafter stated, unto the said Charles Decou,
Owner, a use privilege for the right to install and maintain an overhead
building overhang approximately 9 feet above sidewalk level, in the public
right-of-way of Williams Street which abuts the property known as Lot 12,
Block 2, Beach Portion of the City of Corpus Christi, as recorded in Volume A,
Pages 2 and 3, Nueces County, Texas, Map Records located at 316 Williams
Street, as shown on the attached drawing marked Exhibit "A".
TO HAVE AND TO HOLD the same unto Charles Decou, Owner, his successors
and assigns, together with the right and privilege under the conditions and
terms .hereof, at any and all times to enter upon the above described
right-of-way for the purpose of maintaining said building overhang, and it is
further understood that the foregoing use privilege is granted upon the
following conditions:
A. It is understood and agreed that the use privilege hereby granted
may be revoked at any time upon the giving of 60 days notice in writing by the
City of Corpus Christi.
B. Owner shall fully indemnify, save and hold harmless the City of
Corpus Christi, its officers, employees, and agents (hereinafter "the
Indemnitees") against any and all liability, damage, loss, claims, demands and
actions of any nature whatsoever on account of personal injuries (including,
without limitation on the foregoing, workers' compensation and death claims),
or property loss or damage of any kind whatsoever, which arise out of or are
in any manner connected with, or are claimed to arise out of or be in any way
connected with, the performance of this Agreement, unless such injury, loss or
damage shall be caused by the sole negligence of the Indemnitees or any of
them. Owner shall, at its own expense, investigate all such claims and
demands, attend to their settlement or other disposition, defend all actions
based thereon and pay all charges of attorneys and all other costs and
expenses of any kind arising from any such liability, damage, loss, claims,
demands, and actions.
C. Grantee shall have and maintain comprehensive general liability
insurance in the minimum amounts of $100,000 for each injured person; $300,000
for personal injury arising out of each accident, and $50,000 for property
damage arising out of each accident. Such policies of insurance shall carry
the City as an additional named insured.
D. That the use of said area hereby granted shall in no way interfere
with the construction or operation by the City of any existing or future
proposed sidewalks, utility lines, or other uses, or the maintenance thereof.
Use Privilege Agreement - Charles Decou
Beach Portion, Lot 12, Block 2
Page 1 of 2
E. All applicable State laws and City ordinances shall be complied with
and the necessary building permit shall be secured from the City.
F. That said overhang be constructed as a canopy consisting of a
tubular galvanized steel frame with a cloth awning and not exceeding 20 feet
in length, 5 feet in height and 6 feet in width.
IN TESTIMONY WHEREOF, the City of Corpus Christi has caused these
presents to be executed on this the day of , 1987.
ATTEST:
CITY OF CORPUS CHRISTI, TEXAS
By:
City Secretary Craig A. McDowell, City Manager
APPROVED:
4(;64 day of Jam, -n etfy , 1988
Hal George, City Attorney
By: ( i % 12".-e
Assistant City Attorney
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on
► 19 ►
by Craig A. McDowell as City Manager for the City of Corpus Christi, Texas.
Notary Public in and for the State of Texas
The above Grant and Privilege is hereby accepted this the T71 -day of
1.1/4.0n _ , 19 WY , by Charles Decou, Owner, and said Charles Decou,
er, agr es to keep and perform the conditions imposed by said Grant and
Privilege and that it is bound by all of the terms of same.
THE STATE OF TEXAS §
COUNTY OF NUECES §
/,
Charles Decou, Owner
This instrument was acknowledged before me on
Charles Decou as Owner.
j4 Lajt,7.1 ► 198%, by
t
-,14
ary Public in and for the State of Texas
Use Privilege Agreement - Charles Decou
Beach Portion, Lot 12, Block 2
Page 2 of 2
FG".15"LORIA
Notary FcSticSTATE C7Comm. Exp. Gov.1Z,1.130
rLIMIT IIA��
Corpus Christi, Texas
1
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
day of A4A(AL) , 198g
For the reasons set forth in the emergency clause of the foregoing ordinance
or resolution, an emergency exists requiring suspension of the Charter rule
as to consideration and voting upon ordinances or resolutions at three
regular meetings; I/we, therefore, request that you suspend said Charter rule
and pass this ordinance or resolution finally on the date it is introduced,
or at the present meeting of the City Council.
Respectfully,
99.045.01
Council Members
Respectfully,
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
The above ordinance was passed by the following vote:
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
Clif Moss
Bill Pruet �y
Mary Rhodes J'
Frank Schwing, Jr.
Mary Pat Slavik (t
Linda Strong
nA.� ^J^'
20222