HomeMy WebLinkAbout021109 ORD - 03/19/1991AN ORDINANCE
CLOSING AND ABANDONING A 3.38 FOOT WIDE BY 46.5 FOOT
LONG AND 1.25 FOOT WIDE BY 50.98 FOOT LONG PORTION OF
THE NORTHWEST HALF OF A 10 FOOT WIDE UTILITY EASEMENT
IN LOT A OF THE TEXAS STATE AQUARIUM SUBDIVISION
SUBJECT TO THE PROVISIONS LISTED BELOW; AND DECLARING
AN EMERGENCY.
WHEREAS, there exists a 3.38 foot wide by 46.5 foot long and 1.25 foot wide
by 50.98 foot long portion of the northwest half of a 10 foot wide utility easement extending
approximately 51 feet west of the concrete bulkhead in Lot A, Texas State Aquarium
Subdivision; shown by plat in Volume 54, Pages 117-118, Map Records, Nueces County,
Texas;
WHEREAS, it has been determined that it is feasible for the City of Corpus
Christi to allow the Texas State Aquarium Association to construct an exhibit structure
adjacent to a 10 foot easement and to close and abandon a portion of the 10 foot wide
utility easement, subject to the provisions listed below;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF CORPUS CHRISTI, TEXAS:
SECTION 1. That a 3.38 foot wide by 46.5 foot long and a 1.25 foot wide by
50.98 foot long portion of the 10 foot wide utility easement, as shown on Exhibit A, attached
hereto and made a part hereof for all purposes, extending approximately 51 feet west of the
concrete bulkhead in Lot A, Texas State Aquarium Subdivision, shown by plat in
Volume 54, Pages 117-118, Map Records, Nueces County, Texas, be and the same is hereby
closed for public use and every municipal purpose, subject to:
(a) The property being replatted within 180 days of the passage of this ordinance
with the City waiving the platting fees;
(b) Limiting the utility easement to the existing 8" waterline only;
(c) The Texas State Aquarium Association submitting cross sections indicating the
location of the waterline in relation to the structure based on field verification
after construction (as-builts);
(d) The City has no obligation to restore the surface, including without limitation
landscaping, pavers, etc., as a result of repair or maintenance work of the
waterline by the Water Department;
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(e) Executing an Indemnification Agreement which indemnifies the City from all
damage to the Aquarium building, its foundation, the seawall, its foundation,
and the proposed otter tanks and its foundation which may occur if the 8"
waterline breaks because the City is allowing Texas State Aquarium
Association an exception to the City Water Distribution System Standards in
closing the utility easement and allowing construction within approximately
two (2') feet of said 8" waterline rather than the fifteen (15') feet as required
by the above Standards; and
(f) Relocating the 8" waterline to a location approved by the Director of
Engineering if the waterline should break in the future or if necessary to
install the proposed otter tanks, at Texas State Aquarium Association's sole
cost and expense.
SECTION 2. If for any reason any section, paragraph, subdivision, clause,
phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final
judgment of a court of competent jurisdiction, it shall not affect any other section,
paragraph, subdivision, clause, phrase, word or provision of this ordinance for it is the
definite intent of this City Council that every section, paragraph, subdivision, clause, phrase,
word or provision hereof be given full force and effect for its purpose.
SECTION 3. That upon written request of the Mayor or five Council
members, copy attached, to find and declare an emergency due to the need for the efficient
and effective administration of City affairs, 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 take effect
upon l first reading as an emergency measure this the /9"..k day of
,19 '7/ .
A FI EST:
City Secretary C4- MAYOR
APPROVED: DAY OF fY
Cyr (Ai , 19 9
THE CITY OF CORPUS CHRISTI
JAMES R. BRAY, JR., INTERIM CITY ATTORNEY
A a
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BY Lti* u.rio f »r
Assistant City Attbrney
ORD4:91044
INDEMNIFICATION AGREEMENT
THE STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF NUECES §
The Texas State Aquarium Association shall indemnify and hold
harmless the City of Corpus Christi, its agents, officers, and
employees ("Indemnitees") from all suits, actions, or claims and
from all liability for any and all injuries or damages sustained by
any person, including, without limitation workers' compensation,
personal injury or death or property damage, including without
limitation, damage to the Aquarium building or its foundation, the
seawall or its foundation, and the proposed otter tanks or its
foundation, arising from or incident to granting the Texas State
Aquarium Association an exception to conformance with the City
Water Distribution System Standards by allowing construction within
approximately two (2') feet of an 8 -inch waterline rather than a
minimum fifteen (15') feet separation as required by said Standards
regardless of cause or of any concurrent, or contributing fault, or
negligence of indemnitees, including indemnitee's sole negligence.
EXECUTED this the O day of MARC," , 1991.
TEXAS STATE AQUARIUM ASSOCIATION
BY: /OICt:-9iC/ /v at:t
Name: ,Fa8z$f4r ' �/> '�'� o,4U
Title: G�'G�.e'a,e'r D/.EWC�ZZ ofez s'& TSd
Address: Pc5 33/30 7
Corpus Christi, Texas 78463
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on this the xnJ
�1day of M fRc,,}4 , 1991, by ROBfi-' 3, 5 Ef f}C)SEL.rt. b as
tl7GT i oDa EXLPC, D at jtitle) of Texas State Aquarium Association,
a Texas non-profit corporation, on behalf of said corporation.
My s
comm sio expires: .0 1A9-0—..
)1 -V 1 —j 3 otary Public, State of Texas
Notary's printed name: Nan Suu-tVgx)
91AG006.eng.kp
NELVA SULLIVAN
Notary Public
STATMy Comm LipE Qj TE% 93
FF
Corpus Christi, COLO--t-C4._ Texas
/67-At- day of , 19 %/
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing
ordinance an emergency exists requiring suspension of the Charter rule
as to consideration and voting upon ordinances at three regular
meetings; I/we, therefore, request that you suspend said Charter rule
and pass this ordinance finally on the date it is introduced, or at
the present meeting of the City Council.
Respectfully, Respectfully,
Council Members
YOR
THE CITY OF CORPUS CHRISTI
The above ordinance was passed by the followin• vote:
Betty N. Turner
Cezar Galindo
Leo Guerrero
Tom Hunt
Edward A. Martin
Joe McComb
Clif Moss
Mary Rhodes
Frank Schwing, Jr.
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