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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