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HomeMy WebLinkAbout08498 ORD - 06/14/1967iv _ AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO ENTER INTO AN AGREEMENT WITH ARNOLD M. GURLEY, SR., FOR THE DETERMINATION OF THE FEASIBILITY OF DEVELOPING OF TRACT "C" AREA OF THE OSO, IN NUECES COUNTY, TEXAS, ALL AS MORE FULLY SET FORTH IN 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. THAT THE CITY MANAGER BE, AND HE IS HEREBY, AUTHORIZED AND DIRECTED, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO ENTER INTO AN AGREEMENT WITH ARNOLD M. GURLEY, SR., FOR THE DETERMINATION OF THE FEASIBILITY OF DEVELOPING OF TRACT "C" AREA OF THE OSO, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION Z. THE NECESSITY TO ENTER INTO THE AFORESAID AGREEMENT AT THE EARLIEST POSSIBLE DATE IN ORDER THAT THE STUDY MAY BE COMMENCED AND COMPLETED 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 INTRO- DUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED THAT SUCH PUBLIC EMERGENCY AND NECESSITY EXIST, AND HAVING REQUESTED THAT SUCH CHARTER RULE BE SUSPENDED AND THAT THIS ORDINANCE BE 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 Ze7Z&L -DAY OF JUNE, 1967. ATT ' CITY SECRkTA;'r Y THE CITY OF CORPUS CHRISTI, TEXAS APPROVED AS TO LEGAL FORM / DAY JUNE, 1 I CITY TORN Y AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES k THE CITY OF CORPUS CHRISTI, HEREINAFTER CALLED CITY, IB ENTERING INTO THE FOLLOWING AGREEMENT WITH ARNOLD M.GURLEY, SR., HERE- INAFTER CALLED DEVELOPER: THE CITY AGREES TO FURNISH THE FOLLOWING DATA FOR UTILIZATION BY DEVELOPER FOR THE DETERMINATION OF THE FEASIBILITY OF DEVELOPING OF TRACT "C" AREA OF THE OSO, NUECES COUNTY, TEXAS, FOR A PERIOD OF ONE HUNDRED TWENTf (120) DAYS FRUM THE DATE OF THIS AGREEMENT: (A) SHILSTONE REPORT ON BORINGS; (B) CAYO DEL OSO BROCHURE; (C) CAYO DEL OSO A.D.C. STUDY. II DEVELOPER AGREES THAT WITHIN 120 DAYS OF THE DATE HEREOF IT WILL RETURN TO THE CITY THE DATA OBTAINED FROM THE CITY AND MAKE DETERIdI- NATION OF FEASIBILITY OF DEVELOPMENT AND ADVISE THE CITY OF SUCH DETERMI- NATION BEFORE THE TERMINATION OF SAID 120 DAYS, IN THE EVENT DEVELOPER DETERMINES THAT DEVELOPMENT IS FEASIBLE, IT WILL ACCOMPANY SUCH STATEMENT OF DETERMINATION WITH A PROPOSAL FOR DEVELOPMENT OF THE AREA. IN THE EVENT DEVELOPER DETERMINES THAT DEVELOPMENT IS NOT FEASIBLE, THEN DEVELOPER WILL MAKE AVAILABLE TO THE CITY, AT NO COST TO THE CITY, ALL DATA AND ENGINEERING LAYOUTS WHICH WERE PREPARED FOR STUDY OF DEVELOPER. IT IS CONTEMPLATED THAT SUCH DATA AND ENGINEERING LAYOUTS WILL BE OF A PRELIMINARY NATURE BUT WILL BE SUFFICIENT 50 AS TO DETERMINE THE FOLLOWING FACTORS: 1. DESIRABLE WATER AREAS FOR HARBOR, MARINA, DRAINAGE OF THE OSO CREEK WATERS, AND OTHER WATERS PERTINENT TO LAND DEVELOPMENT PROGRAM. 2. THE AMOUNT OF AVAILABLE LAND FOR RESIDENTIAL AND COMMER- CIAL AREAS, AND APPROXIMATE ZONING DETAILS. 3. BULKHEAD WALLS REQUIRED TO RETAIN LAND AREA FILL. W 4. DATA FROM CORPS OF ENGINEERS PERTINENT TO DREDGING ENTRANCE TO BAY, AND FOR OSO DRAINAGE. 5. PLANNING WITH CITY DEPARTMENTS FOR THE UTILITY SERVICES. 6. THE AMOUNT AND LIKELY AREAS FROM WHICH TO OBTAIN FILL TO PROVIDE RAISED LAND AREAS. 7. DETERMINATION OF ROAD AND BRIDGE REQUIREMENTS FOR ACCESS OF CITY TRAFFIC TO WARD ISLAND. 8. PREPARE ESTIMATES OF COSTS INVOLVED, AND LAND USE DATA. IN THE EVENT DEVELOPER DETERMINES THE PROJECT TO BE FEASIBLE AND SUBMITS A PROPOSAL AND CONTRACT, IT IS AGREED THAT THE CITY WILL NEGOTI- ATE WITH DEVELOPER FOR A PERIOD OF TIME NOT TO EXCEED THIRTY (30) DAYS, AND AT THE END OF SUCH PERIOD, SAID DATA AND ENGINEERING LAYOUTS WILL BE FURNISHED TO THE CITY AS WOULD HAVE BEEN FURNISHED IN THE CASE OF FAILURE TO PRESENT PROPOSAL. IT 15 AGREED BY THE PARTIES HEREIN THAT DURING THE PERIOD OF 120 DAYS HEREOF, THE CITY WILL REFRAIN FROM ENTERING INTO ANY CONTRACT OR AGREE- MENT WITH ANY OTHER PARTY FOR THE DEVELOPMENT OF SAID TRACT "C" OF THE OSO AREA. WITNESS OUR HANDS IN DUPLICATE, THIS THE DAY OF JUNE, 1967. CITY OF CORPUS CHRISTI ATTEST: BY HERBERT W. WHITNEY CITY SECRETARY CITY MANAGER APPROVED AS TO LEGAL FORM THIS DAY OF JUNE, 1967: ARNOLD M. GURLEY, SR. CITY ATTORNEY DEVELOPER CORPUS CHRISTI, TEXAS DAY OF 19A TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN- SION 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, REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI- NANCE FINALLY ON THE DATE IT 15 INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, Y IZ THE CITY OF CORPUS CHRISTI, TEV S THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JACK R. BLACKMON RONNIE SIZEMORE V. A. "DICK" BRADLEY, JR. J. A. "JACK" GRANT P. JIMENEZ, JR., M.D. � GABE LOZANO, SR. • KEN MCDANI EL THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: JACK R. BLACKMON RONNIE SIZEMORE V. A. "DICK" BRADLEY, JR. J. A. "JACK" GRAN T 157zle-ccc���,,,��, P. JIIAENEZ, JR., IM. D. GABE LOZANO, SR. KEN I.ICDANI EL ,[