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Home My WebLink About07901 ORD - 02/09/1966vMP:2 /9/66 # AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AN AGREEMENT WITH THE SARATOGA LAND COMPANY, WHEREBY THE SAID SARATOGA LAND COMPANY WILL DEDICATE TO THE CITY 20 ACRES OF LAND, MORE OR LESS, NOVI OCCUPIED BY BORROW PITS AND WHEREBY THE CITY WILL ACCEPT SAID DEDICATION, ALL IN ACCORDANCE WITH THE TERMS OF THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THE CITY MANAGER BE, A HE IS HEREBY, AUTHORIZED AND DIRECTED TO EXECUTE, FOR AND ON BEHALF OFltTHE CITY OF CORPUS CHRISTI, i KAN AGREEMENT WITH THE SARATOGA LAND COMPANY, WHEREBY THE SAID SARATOGA LAND COMPANY WILL DEDICATE TO THE CITY 20 ACRES OF LAND, MORE OR (LESS, NOW OCCUPIED BY BORROW PITS LOCATED IN THE COUNTRY CLUB ESTATES, WHICH SUBDIVISION IS IN THE VICINITY OF THE INTERSECTIONS OF SARATOGA BOULEVARD AND EVERHART ROAD AND SARATOGA BOULEVARD AND SOUTH STAPLES STREET, AND WHEREBY THE CITY WILL ACCEPT SAID DEDICATION, ALL IN ACCORDANCE WITH THE TERMS OF THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A i PART HEREOF. SECTION 2. THE NECESSITY TO EXECUTE THE AFORESAID AGREEMENT WITHOUT DELAY CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECES- SITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE� PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST AND HAVING REQUESTED THE SUSPENSION OF THE CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRO- DUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE DAY OF FEB- RUARY, 1966. ATTEST: CITY SECRETARY MAYOR c THE CITY OF CORPUS CHRISTI, TEXAS APPROVED AS TO LEGAL FORM THI Jul, DAY OF FEBRUARY, 1966: , i lam« L Z /c oZ � ASSISTANT CITY ATTORNEY 79o-t, r s s Y )r � AGREEMENT WHEREAS, Saratoga Land Company, hereinafter called "Owner ", is in the process of subdividing and developing property in the vicinity of the intersections of Saratoga Boulevard and Everhart Road and Saratoga Boulevard and South Staples Street, which subdivision has been designated "Country Club Estates "; and WHEREAS, the preliminary plat of Country Club Estates has been approved by the Zoning and Planning Commission of the City of Corpus Christi; and WHEREAS, two pits (excavations) exist within Owner's property; and WHEREAS, the City of Corpus Christi, hereinafter called "City ", is in need of pit areas in order to establish sanitary fills; and - WHEREAS, it is to the mutual benefit of Owner and City that such existing pits be used as sanitary fill areas and then converted into a re- creational area for the citizens of Corpus Christi: NOW, THEREFORE, for and in consideration of the premises and the agreement of the City, as hereinafter set forth, Owner agrees as follows: 1. Owner will dedicate to the City, and the public, for park pur- poses the property outlined in blue in Exhibit A. attached hereto and made a .part hereof, which property contains approximately 23.5 acres of land and in- cludes the two existing pits (excavations). owner retains title to all ex- isting fencing situated on such acreage to be dedicated; however, Owner will allow such fence to remain in place until such pit which it encloses has been filled, unless the City requests or agrees to the removal of such fence prior to such time. 2. During the conduct of such fill operations by the City, Owner will allow City the easement and privilege of using the areas outlined in red on the attached Exhibit A for the purposes indica;.ed thereon. 3. After such pits have been filled, and when Owner develops its ir adjacent property, owner will dedicate for park purposes additional - acreage contiguous to such pit area so that such property dedicated by Owner for park purposes, including such pit area, will total approximately 30 acres 4 of land. .q x For and in consideration of the ,-premises and the obligations and agreementskof Owner, above set forth, City hereby agrees as follows: 4 1. It will commence s�nitary fill operations with respect to the two pits above described within six months from date hereof and will pursue such fill operations with reasonable diligence, with as few interruptions or delays as reasonably possible, until such fill has been completed. It is estimated that such fill will be completed within five years. 2. City will construct the roads necessary for its operations across the access easements provided by Owner, as designated on Exhibit A. 3.> City will construct a fence or fences of a height ornich it customarily provides in such fill operations in order to protect the adjoin- ing property as much as possible from blowing trash. 4. Upon completion of its fill operations, City will grade and contour the fill area so that the surface thereof will have a rolling effect and will drain surface waters freely. r •5. The City will accept Owner's dedication of such 23.5 acres s for park purposes and will give Owner credit for 11.75 acres of park dedi- cation which it may apply against the park requirements of the City with respect to lands in the vicinity of such park presently owned by Owner or which it may acquire in the future. DATED, September 1965. -CITY OF CORPUS CHRISTI SARATOGA LAND COMPANY HERBERT W. WHITNEY rh3fl). Fawn,'Presiden, i CITY MANAGER ATTEST: ATTEST: CITY SECRETARY John Y. Kepner, Secretary APPROVED AS TO LEGAL FORM THIS DAY OF FEBRUARY, 1966: CITY ATTORNEY N � r j > r' +" -2- i TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS 4 DAY OF �� 19zd FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE- GOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; I, THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRO - DUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, MAYOR E� THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: DR. MCIVER FURMAN JACK BLACKMON PATRICK J. DUNNE DR. P. JIMENEZ, JR. KEN MCDANIEL RONNIE SIZEMORE WM. H. WALLACE THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: DR. MCIVER FORMAN JACK BLACKMON a 'PATRICK J. DONNE, DR. P. JIMENEZ, JR: KEN •MCDANIEL r RONNIE SIZEMORE a WM. H. WALLACE