HomeMy WebLinkAbout09051 ORD - 10/02/196811 vMP:9/30/68
TEXAS:
Ar
AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE,
FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, AN
AGREEMENT BETWEEN THE CITY AND THE DEVELOPER, DEL STARR
REALTY CO., INC., IN WHICH THE CITY WILL REIMBURSE THE
DEVELOPER FOR CONSTRUCTION OF BRIDGE ACROSS SCHANEN
DITCH BETWEEN SCHANEN UNIT #5 AND 8 IN ACCORDANCE WITH
THE PLATTING ORDINANCE, AS AMENDED BY ORDINANCE NO. 8986,
THE EXTENT OF THE CITY'S PARTICIPATION FOR REIMBURSEMENT
BEING IN THE NOW ESTIMATED AMOUNT OF $17,056.29, ALL AS
MORE FULLY SET FORTH IN THE AGREEMENT ATTACHED HERETO AND
MADE A PART HEREOF; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
SECTION 1. THAT THE CITY MANAGER BE, AND HE IS HEREBY AUTHORIZED
AND DIRECTED TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, AN
AGREEMENT BETWEEN THE CITY AND THE DEVELOPER, DEL STARR REALTY CO., INC., IN
WHICH THE CITY WILL REIMBURSE THE DEVELOPER FOR CONSTRUCTION OF BRIDGE ACROSS
SCHANEN DITCH BETWEEN SCHANEN UNIT #5 AND 8 IN ACCORDANCE WITH THE PLATTING
ORDINANCE, AS AMENDED BY ORDINANCE N0. 8986, THE EXTENT OF THE CITY'S
PARTICIPATION FOR REIMBURSEMENT BEING IN THE NOW ESTIMATED.AMOUNT OF $17,056.29,
ALL AS MORE FULLY SET FORTH IN THE AGREEMENT ATTACHED HERETO AND MADE A PART
HEREOF.
SECTION 2. THE NECESSITY TO EXECUTE THE HEREINABOVE DESCRIBED AGREE-
MENT AS PROMPTLY AS POSSIBLE IN ORDER TO CARRY OUT THE TERMS THEREOF 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 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 INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE
AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS
��- THE pC DAY OF OCTOBER, 1968.
ATTEST:
CITY ECRETAAY AY
THE CITY OF CORPUS CHRISTI, TEXAS
APPROVED:
_DAY OF OCTOBER, 1968:
CITY MfOhNEY 905 ,
• TDM:vMP :9/30/b8•' .
AGREEMENT
THE STATE OF TEXAS Y
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF NUECES
THIS AGREEMENT ENTERED INTO BY AND BETWEEN THE CITY OF CORPUS CHRISTI,
•HEREINAFTER CALLED "CITY; ACTING BY AND THROUGH ITS DULY AUTHORIZED CITY
MANAGER, AND DEL STARR REALTY CO., INC., A CORPORATION, HEREINAFTER CALLED
"DEVELOPER", ACTING BY AND THROUGH ITS DULY AUTHORIZED OFFICER, WHOSE NAME IS
SUBSCRIBED HERETO:
W I T N E S S E T H
WHEREAS, THE DEVELOPER PROPOSES TO BUILD A BRIDGE CONNECTING UNITS
N0. 5 AND 8 IN SCHANEN ESTATES SUBDIVISION, AN ADDITION TO THE CITY OF CORPUS
CHRISTI, NUECES COUNTY, TEXAS; AND
WHEREAS, THE PLATTING ORDINANCE OF THE CITY OF CORPUS.CHRISTI, AS
AMENDED BY ORDINANCE 8986, PERMITS REIMBURSEMENT BY THE CITY TO THE DEVELOPER
FOR THE BRIDGE CONSTRUCTION OF DRAINAGEWAYS WHERE SUCH STRUCTURES ARE REQUIRED
TO PROJECT THE CONTINUATION OF EXISTING OR PROPOSED STREETS; AND
WHEREAS, SUCH REIMBURSEMENT AND PARTICIPATION IN THE CONSTRUCTION
COSTS OF BRIDGES IS BASED ON THE FORMULA SET FORTH IN ORDINANCE 8986; AND k!
WHEREAS, IT IS ESTIMATED THAT THE PROPOSED CONSTRUCTION OF A BRIDGE T
CONNECTING UNITS 5 AND 8 OF SCHANEN ESTATES SUBDIVISION WILL REQUIRE SEVENTEEN
THOUSAND FIFTY -SIX AND 29/100 DOLLARS ($17,056.29) AS THE CITY'S PARTICIPATION
IN SUCH COST, IN ACCORDANCE WITH THE FOREGOING ORDINANCE AND THE FORMULA THEREIN
CONTAINED:
NOW, THEREFORE, BE IT 111UTUALLY AGREED THAT THE CITY, IN CONSIDERATION
OF THE DEVELOPER PAYING ITS PROPORTIONATE SHARE OF COST OF THE BRIDGE CONNECT-
ING UNITS 5 AND 8 OF SCHANEN ESTATES SUBDIVISION, AND ACTUALLY CONSTRUCTING
SUCH FACILITY ACROSS THE DRAINAGEWAY AS SHOWN ON THE PLATS OF SUCH UNITS OF
SAID ADDITION, HEREBY AGREES TO REIMBURSE DEVELOPER IN ACCORDANCE WITH THE r
FORMULA FOR SUCH PURPOSES SET FORTH IN ORDINANCE 8986 AND THE SPECIFIC RULES
THEREIN CONTAINED, BUT IN NO CASE SHALL SAID PARTICIPATION BY CITY EXCEED THE
• SUM OF $17,056.29. - - -
491- -"
IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT THIS AGREEMENT IS BINDING
ON THE SUCCESSORS AND ASSIGNS AND THE PARTIES HERETO.
EXECUTED THIS DAY OF OCTOBER, 1968.
ATTEST:
CITY SECRETARY
ATTEST:
SECRETARY
THE STATE OF TEXAS j
COUNTY OF NUECES X
CITY OF CORPUS CHRISTI
BY
R. MARVIN TOWNSEND, CITY MANAGER
DEL STARR REALTY CO., INC.
BY
PRESIDENT
BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED
R. MARVIN TOWNSEND, CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TEXAS, A
MUNICIPAL CORPORATION, KNOWN TO ME TO BE THE PERSON AND OFFICER WHOSE NAME IS
SUBSCRIBED TO THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED TO ME THAT HE EXECUTED
THE SAME AS THE ACT AND DEED OF SAID CITY OF CORPUS CHRISTI FOR THE PUPOSES
AND CONSIDERATION THEREIN EXPRESSED AND IN THE CAPACITY THEREIN STATED.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY OF OCTOBER,
1968 •
NOTARY PUBLIC IN AND FOR NUECES COUNTY,
TEXAS
THE STATE OF TEXAS j
COUNTY OF NUECES j
BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED
PRESIDENT OF DEL STARR REALTY CO.,
INC., KNOWN TO 14E TO BE THE PERSON AND OFFICER WHOSE NAME IS SUBSCRIBED TO THE
FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT THE SAME WAS THE ACT OF THE
SAID DEL STARR REALTY CO., INC., A CORPORATION, AND THAT HE EXECUTED THE SA14E
AS THE ACT OF SUCH CORPORATION FOR THE PURPOSES AND CONSIDERATION THEREIN
EXPRESSED AND IN THE CAPACITY THEREIN STATED.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY OF OCTOBER,
1968,
NOTARY PUBLIC IN AND FOR NUECES COUNTY,
TEXAS
J" ,.
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
CORPUS CHRISTI, TEXAS q
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 14EETINGS OF THE CITY COUNCIL; 1, THEREFORE,
REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI-
NANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE
CITY COUNCIL.
RESPECTFULLY,
/0
tYOR
J THE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
.LACK R. BLACKMON
RONNIE SIZEMORE
V. A. "DICK" BRADLEY, JR.
P. JIMENEZ, JR., M.D.
GABE LOZANO, SR.
KEN MCDAN I EL
W. J. "WRANGLER" ROBERTS
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
JACK R. BLACKMON_
RONNIE SIZEMORE
V. A. "DICK" BRADLEY, JR.
P. JIMENEZ, JR., M.D.
GABE LOZANO, SR.
KEN MCDAN I EL
W. J. `WRANGLER" ROBERTS U-