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Home My WebLink About08150 ORD - 08/24/1966r r 8/24/66 A �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owN INDUSTRIAL DISTRICT, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AS MORE FULLY SET OUT IN SAID CONTRACT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE NECESSITY TO PROVIDE FOR THE INSTALLATION OF THE NECESSARY WATER MAINS AND SANITARY SEWER MAINS, IN ORDER THAT DEVELOPMENT OF THE ABOVE REFERENCED INDUSTRIAL DISTRICT MAY PROCEED WITHOUT DELAY CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY 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 OF RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR, HAVING DECLARED THAT SUCH EMERGENCY AND NECESSITY EXIST, HAVING REQUESTED THAT SUCH CHARTER RULE BE SUSPENDED AND THAT THIS ORDINANCE BE i PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE 24TH DAY OF AUGUST, 196. t CITY SECRETARY THE CITY OF CORPUS CHRISTI, TEXAS APPROVED AS TO LEGAL FORM THIS 24TH DAY OF AfiGUST, 1966: CITY ATTORNEY a CONTRACT . THE STATE OF TEXAS 1 .' KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NLIECES a THIf CONTRACT' MADE AND ¢NTERED INTO THIS THE DAY OF ; 1966, BY AND BETWEEN RAY E. PETERSON OF NUECEB COUNTY, TEXAS, PARTY OF THE FIRST PANT, AND THE e1TY'OF CORPUS CFIRISTI, A MUNICIPAL CORPOItATIQN,'ACTIN6 SY AND THROUGH ITS DULY APPOINTED CITY MANAGER, HERBERT W. WHITNEY, PARTY OF THE SECOND PART, WITNESSETH TNATI ., ,*EREAS! THE PARTY OF THE FIRST PART IS THE OWNER OF THE FOLLOW- INS DESCRIBED REAL PROPERTY IN NUECEB COUNTY, TEXASS •' ALL OF'THAT AREA BOUNDED BY KosAR ROAD ON THE NORTH AND ^ ' - CLIFF MAUS DRIVE ON 714E SOUTH AND BEING 18.92 ACRES OUT - OF THE EAST M ALF OF LOT 1, 3ECTION 5, RANGE 0, GUGENHEIN is CoHN FARM LOTS, IN THE CITY OF CORPUS CHRI:T1, NUECES COUNTY, TEIIAS; AND ti WHEREAS, THE PARTY OF THE, FIRST PART SEEKS APPROVAL OF THE ZONING AND PLANNING COMMISSION AND THE DEPARTMENT OF PuaLIC WORKS OF THE CITY 9F CHRISTI OF A PLAT OF THE ABOVE DESCRIBED PROPERTY, WHICH PROPERTY IS TO BE , 'KNOWN AS BLOCKS 3, i AND 5, M10 -TowN INDUSTRIAL DISTRICTS WHEN SUCH PLAT 18 APPROVED BY THE CITY AND OFFICIALLY RECORDED IN TIE MAP RECORDS OF NUECES COUNTY, TEXAS; NOW, THEREFORE, IN CONSIDERATION OF THE APPROVAL OF THE AFORE- MENTIONED PLAT OF THE PARTY OF THE FIRST PART BY,THE PARTY OF THE SECOND ' PARTY, THE PARTY OF THE FIRST PART 'AGREES THAT IF AND WHEN ANY LOTS OR LOY , IN SAID SUBDIVISION ARE CONTRACTED TO BE SOLD BY FIRST PARTY THAT FIRST PARTY WILLy AT THE EXPENSE OF FIRI+7 PARTY, PROPERLY SUPPLY THE PUBLIC' ' UTILITIES OF WATER MAINS AND SANITARY SEVER MAINS WITHIN THE EASEMENTS ABU TTIN4 EACH OF THE LOTS IN &A ;H OF THE SA 1D BLOCKS TO THE EXTENp� NECEIIIIARY, TO•SUPPLY SAID UTILITIES. TO SUCH LOTS AND TO EVERY LOT OR LOTS IF`, Ad AND • WHEN A CONTRACT OF SALE 13 EXECUTED "ON A CONVEYANCE 13 EXECUTED,`WHICNEYER IS THE EARLIER ACT OF THE PARTY OF THE FIRST PART, IT 13 THE INTENTION OF THE PARTIES HERETO THAT UTILITIES WILT. BE,$UPPLIED TO SUCH LOT OR LOTS IFj AS AND WHEN EACH AND ANY AND ALL OF THE LOTS IN,3AID SUBDIVISION ARE CONTRACTED FOR SALE OR SOLD, WHICHEVER !S EARLIER, TO THE EFFEC`r THAT EACH LOT OR LOTS AS'SOLD OR CONVEYED WILL M£ SUPPLIED WITH SANITARY SEWER AND WATER DISTRIBUTION LINE AT THE EXP W OF,SAID PARTY OF THE FIRST PART AS ; REQUIRED,tSY THE PLATTING PROINAMCE•OF THE CITY OF CORPUS CHRISTI. IT 15 UNDERSTOOD AND .AGREED THAT TIDE OBLfOATIOH CREATED HERE- - UNDER SHALL BE BiNDiNO,UPON THE HE1Rt, DEVISEES AND ASSIGNS OF THE PARTY -OF THE FIRST PART, AND SHALL BC AND 13 INTENDED TO BE A COVENANT RUNNING WITH THE LAND. IN WITNESS WWREOF THIS INSTRUMENT IS EXECUTED THIS THE` _ PAY OF •� 1966.. T'''`om' • PAY E. PETERSON . ATTESTi PARTY OF 'THE FIRST PART CITY OF CORPUS�CHRISTI ITY.SECRETARY APPROVED' AS TO LEGAL 'FORM.THIS BY DAY OF , 1 *4 HERBERT WHITNEY, CITY MANAGER , PARTY OF 711E SECOND PART ` CITY ATTORNEY ' THE 'STATE OF TEXAS, I CWNTY OF NUECES I j BEFORE K,`,T ED ME UNOERSIGH AUTHORITY, ON,.THIS DAY PERSONALLY APPEARED RAY ER PETERSON,, °KNOWN TO }ME TO,BC THE PERSON-WHOSE NAME IS SV,BSCRtBED TO THE FOREROI,NO'INSTRUMENT, ANO ACKNOWLEDG^E&TO'HE THAT HE E%t;CUTED THE SAME FOR THE.PURPOSES,AND CONSIDERATION THEREIN EXPRESSED ` AND 111, THE CAPACITY THER'Fy1M STATED.' ' GIVEN UNDER MY HAND AND SEAL OF OFFICE, rH'ta THE' DAY OF 966• NOTARY PUBLIC IN AND FOR WECE& COUNTY, TFxAS TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS :.. a CORPUS CHRISTI, TEXAS DAY OF ,19_4� 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, RTHETCITY 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. I KEN MCDANIEL (w RONNIE SIZEMORE WM. H. WALLACE THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTER DR. MCIVER FURMAN JACK BLACKMON PATRICK J. DUNNE DR. P. JIMENEZ, JR. KEN MCDANIEL RONNIE SIZEMORE WM. H. WALLACE