HomeMy WebLinkAbout026918 ORD - 08/22/2006AN ORDINANCE
AMENDING ORDINANCE NO. 026403 TO PROVIDE FOR THE
DEFERRAL OF THE CONSTRUCTION OF AN 8 -FOOT WIDE
SIDEWALK ALONG ELIZABETH STREET BETWEEN THIRD STREET
AND SANTA FE STREET IN CONNECTION WITH THE
ABANDONMENT AND VACATING OF A 33,129.73- SQUARE FOOT
PORTION OF THE THIRD STREET PUBLIC RIGHT -OF -WAY, OUT OF
BLOCKS X AND IX, OCEAN VIEW ADDITION, LOCATED BETWEEN
THE ELIZABETH STREET RIGHT -OF -WAY AND THE AYERS STREET
RIGHT -OF -WAY; AUTHORIZING THE CITY MANAGER TO EXECUTE A
DEFERMENT AGREEMENT WITH CHRISTUS SPOHN HEALTH
SYSTEM FOR THE CONSTRUCTION OF PUBLIC SIDEWALK
IMPROVEMENTS ALONG ELIZABETH STREET BETWEEN SANTA FE
AND THIRD STREETS; AND DECLARING AN EMERGENCY.
WHEREAS, Ordinance 026403 abandoned and vacated a 33.129.73- square foot
portion of the Third Street public right -of -way, out of Blocks X and IX, Ocean View
Addition, located between the Elizabeth Street right -of -way and the Ayers Street right-
of-way
WHEREAS, CHRISTUS Spohn Health System requested the abandonment and
vacation of the property as a right -of -way to accommodate the future develop of Spohn
Shoreline Hospital complex and CHRISTUS Spohn Health System promised to make
certain improvements, including the construction of an eight -foot wide sidewalk along
Elizabeth Street between Third Street and Santa Fe Street;
WHEREAS, it is not reasonable to construct the required sidewalk prior to construction
of the medical office building to be constructed adjacent to the sidewalk;
WHEREAS, CHRISTUS Spohn Health System has requested that it be allowed to defer
construction of the sidewalk until completion of the medical office building;
WHEREAS, the City entered into a participation agreement for public improvements in
the area and retains sufficient funding from the participation agreement to secure
CHRISTUS Spohn Health System's performance under a deferment agreement; and
WHEREAS, it has been determined that it is feasible and advantageous to the City of
Corpus Christi to amend Ordinance No. 026403 to defer the completion of the eight -foot
wide sidewalk adjacent to Elizabeth Street until completion of the construction of the
medical office building, subject to the provisions below.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS, THAT:
H:Legigarti'ws: agenda 2006 08 - `2!CHRIS I US Spohn row abandon
SECTION 1. That Ordinance 026403 is hereby amended to delete Section 2(0) thereof
requiring CHRISTUS Spohn Health System to complete the design and construction of
an adequate eight -foot wide sidewalk adjacent to development along Elizabeth Street
and Santa Fe Street to handle heavy pedestrian movement.
SECTION 2. The City Manager is authorized to execute a Deferment Agreement with
CHRISTUS Spohn Health System, in the amount of $26,914.69, for the construction of
an eight -foot wide public sidewalk along Elizabeth Street between Santa Fe and Third
Streets. A copy of the Deferal Agreement is attached hereto as Exhibit "A."
SECTION 2. That upon written request of the Mayor or five Council members, copy
attached, the City Council finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and suspends the Charter rule as to consideration and voting upon ordinances at two
regular meetings so that this ordinance is passed and shall take effect upon first reading
as an emergency measure on this 22nd day of August, 2006.
ATTEST: CI OF CORPUS CHRISTI
Arrnando Chapa
City Secretary
APPROVED: August 16, 2006.
G E" W. Smith
Assistant City Attorney
For City Attorney
i
enry Gar ett
Mayor, Cit of Corpus Christi
H: Legi garvws !agenda /2006 08- '2iCHRISTUS Spohn row abandon
Corpus Christi, Texas
�61day of
, 2006
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
votng 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,
Council Members
Respectfully,
Henry Garre
Mayor, City
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
John Marez
Jerry Garcia
WiNiam Kelly
Res( A. Kinnison
Melody Cooper
Jesse Noyola
Mark Scott
lL
H :Leg /gar__yws /agenda/2006 08- 22 /CHRISTUS Spohn row abandon
918
f Corpus Christi