HomeMy WebLinkAbout027694 ORD - 05/13/20081T
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AN ORDINANCE
REPEALING ORDINANCE CE IVO. 5716, REMOVING G COI DITIO S
REQUIRING THE CONSTRUCTION OF A MASONRY SCREENING
WALL, MAINTENANCE ANCE of THE AREA AND OTHER CONDITIONS;
AND AUTHORIZING THE CITY MANAGER, OR CITY MANAGER'S
DESIGNEE, TO EXECUTE A RELEASE OF THE AGREEMENT
AUTHORIZED BY ORDINANCE NO. 5716; AND DECLARING AN
EMERGENCY.
WHEREAS, by Ordinance No. 5716, dated February 23, 1960, City Council authorized
the City Manager to enter into an agreement with Sam Susser in the nature of a
covenant running with the land, concerning Lots 17 through 32, Block , Portairs
Addition, an addition to the City of Corpus Christi, Nueces, County, Texas, relating to
the erection of a masonry screening wall, maintenance and care for the same,
maintenance of certain grass and shrubbery on the area of said lots facing Kilgore
Street between Gollihar and Alexander Streets; and
WHEREAS, the required masonry wall was not constructed and the construction is no
longer warranted; and
WHEREAS, the other requirements of the agreement are adequately addressed in the
current land use regulations; and
WHEREAS, the City Council deems it in the public interest to repeal Ordinance No.
5716, release the requirements of the agreement, and authorize the City Manager, or
the City Manager's designee to execute a release of the agreement.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI:
SECTION 1. That Ordinance No. 5716 is repealed and the requirements of the
agreement with Sam Susser in the nature of a covenant running with the land,
concerning Lots 17 through 32, Block , of the Portairs Addition, an addition to the City
of Corpus Christi, Nueces, County, Texas, relating to the erection of a masonry
screening wall, maintenance and care for the same, maintenance of certain grass and
shrubbery: on the area of the lots facing Kilgore Street between Gollihar and Alexander
Streets, as shown on Exhibit A, is released.
SECTION 2. That the City Manager, or the City Manager's designee, is authorized to
execute a release of the requirements of the agreement with Sam Susser.
SECTION 3. 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 that requires consideration of and voting upon
027694
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ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure this the 13th day of May, 200 8.
ATTEST:
Armando Chapa
City Secretary
Approved: May 2, 2008
By:
R. Jay ei mg
Firs * ssi Cant City 'ttorney
For City Attorney
cm( OF ORPUS CHRISTI
my G a rre
Mayor
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Corpus Christi, Texas
day of , 2008
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: 1 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}
F espe l u l ly,
Henry = rrett, Mayor
City of orpus Christi
Council Members
The above ordinance was passed by the following vote:
Henry Garrett -- r
Melody Cooper
Larry Eli ondo, Sr.
Mike Hummel]
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
ia‘ad---
027694
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AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
BACKGROUND:
The City Council passed Ordinance No. 5716 on February 23, 1960. That ordinance authorized
the City Manager to enter into an agreement with Sam Susser concerning Lots 17 through 32,
Block 8, Portairs Addition. The agreement required the erection of a masonry screening wall,
maintenance and care for the screening wall, and maintenance of grass and shrubbery on the
area facing Kilgore Street between Gollihar and Alexander Streets.
The required masonry wall was not constructed. The title company for the purchaser of Portairs
Addition, Block 8, Lots 11, 12, 13, 20, 21, and 22, discovered this uncompleted requirement
during their title search. The City staffs subsequent review f the issue found that the masonry
wall was unnecessary, and that the other requirements of the agreement are adequately
addressed in the current land use regulations. Therefore, the staff believe it is in the public
interest to repeal Ordinance No. 5716 and release the requirements of the agreement, and
authorize the City Manager, or the City Manager's designee to execute a release of the
agreement.
In the review of the issues surrounding the missing masonry wall, an unrecorded utility easement
was discovered. On May 11, 1960, the City Council passed Ordinance 5762. Ordinance 5762
closed the alley through Portairs Addition, Block 8. It also authorized the City Manager to
execute an agreement with the property owner to remove and relocate the utility lines in the alley
to a new utility easement, and accepted the "new" utility easement from Sam Susser for the
relocation of the utilities at Sam Susser's expense.
The "new" easement was dedicated, but the document granting the utility easement to the City
was never recorded at the Nueces County Courthouse. The utilities in the abandoned alley
were never relocated to the "new" easement, and remain in the former alley, which was later
dedicated as a utility easement on February 5, 1982. The unused and unrecorded "new" utility
easement creates a cloud on the titles of Lots 17 — 32 of Portairs Addition, Block 8.
The best course of action in the public interest is to amend Ordinance 5762 to repeal the
provision providing for the relocation of utility lines from the closed alley to the "new" utility
easement and abandon the "new" utility easement granted by Sam Susser in 1960. The
proposed ordinance will repeal Section 2 of Ordinance 5762, which authorized and directed "the
City Manager to execute and deliver the agreement of the property owner abutting on said alley
to remove and relocate the utility line and provide a new utility easement, a copy of which
agreement is attached hereto and made a part hereof."
The proposed ordinance also abandons and closes the "new" easement that was never properly
recorded. It also waives the requirement in Section 49-13, Code of Ordinances, to replat the lots
that were burdened by the "new" utility easement that is being closed and abandoned.
EXHIBIT A