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HomeMy WebLinkAbout024522 ORD - 07/24/2001AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A YEARLY RENEWABLE RIGHT-OF-WAY (R.O.W.) MAINTENANCE AND PARKING AGREEMENT WITH FARMINGTON SQUARE, INC. (PERMITTEE) FOR R.O.W. ABUTTING PROPERTY LEASED BY PERMITTEE TO CORPUS CHRISTI OUTPATIENT SURGERY CENTER, Ltd. (3636 S. ALAMEDA); REQUIRING PERMITTEE TO CONSTRUCT HIKE & BIKE TRAIL & CONSTRUCT & MAINTAIN PAVED PARKING AREA IN A PORTION OF PROCTOR DRAINAGE R.O.W.(LOTS 1 & 64, BLOCK 816, PORT ARKANSAS CLIFFS) AND IN RETURN ALLOWING THE PUBLIC WHO ACCESS THE SURGERY CENTER TO JOINTLY USE THE PARKING WITH THE PUBLIC WHO PARK AND ACCESS THE HIKE AND BIKE TRAIL, WITH SPECIFIED CONDITIONS; ESTABLISHING A YEARLY FEE OF $ '1,338.00; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager, or designee, is authorized to execute a yearly renewable Right-Of-Way (R. O. W.) Maintenance and Parking Agreement with FARMINGTON SQUARE, INC.(Permittee) for R. O. W. 'abutting property leased by Permittee to Corpus Christi Outpatient Surgery Center, Ltd. at 3636 S. Alameda. The Agreement requires Permittee to construct a Hike & Bike Trail & construct & maintain a Paved Parking Area in a portion of Proctor Drainage R. O. W .(Lots 1 & 64, Block 816, Port Arkansas Cliffs); and in return the Agreement allows the public who access the Surgery Center to jointly use the Parking with the public who park and access the Hike and Bike Trail, with Specified Conditions. A Yearly Fee of $1,338.00 is established. A copy of the Agreement is on file with the City Secretary. H:\LEG-DIR\DoyleDCurtis\MYDOCS~001\ORD2001.100\Ordinanc.es\R.O.W. Maint&Use.Agr\Ordinance\RevProctor DitchFarmingtonOrd.wpd SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the 24th day of July, 2001. ATTEST: Arman~l~ary Legal form approved July 20, 2001 James ~.-l~ray, Jr., ~ity A~orney · Doyle I~u ~is - Senior Assistant City Attorney H:\LEG-DIR\DoyleDCu~tis\MYDOCS~2001\ORD2001.100\Ordinanc.es\R.O.W. Maint&Use.Agr\Ordinance\RevProctor DitchFarmingtonOrd.wpd Corpus Chris!i, Texas ~7~l-~Day of ~-,2001 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 two 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, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Henry Garrett Bill Kelly Rex A. Kinnison John Longoria Jesse Noyola Mark Scott