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Home My WebLink About09082 ORD - 10/16/196813 JW:10/16/68 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT WITH PADRE ISLAND INVESTMENT CORPORATION, PROVIDING FOR THE CONSTRUCTION OF SUBDIVISION IMPROVE - MENTS IN PADRE ISLAND— CORPUS CHRISTI, BARATERIA BAY, UNIT 4, ON OR BEFORE NOVEMBER 1, 1976, A COPY OF WHICH CONTRACT 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 EXECUTE A CONTRACT WITH PADRE ISLAND INVESTMENT CORPORATION, PROVIDING FOR THE CONSTRUC- TION OF SUBDIVISION IMPROVEMENTS IN PADRE ISLAND - CORPUS CHRISTI, BARATERIA BAY, UNIT 41 ON OR BEFORE NOVEMBER 1, 1976, A COPY OF WHICH CONTRACT IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION Z. THE NECESSITY TO AUTHORIZE THE EXECUTION OF THE AFORE- SAID CONTRACT IN ORDER THAT THE DEVELOPMENT OF SECTION 4, PADRE ISLAND, MAY PROCEED WITHOUT DELAY CREATES A PUBLIC EMERGENCY AND 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 ORDI- NANCE 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 ORDI- NANCE 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 /(O —�JDAY OF OCTOBER, 1968. ATTEST: CI SECRET RY 0 THE CT F CORPUS CHRISTI, TEXAS APPROVED: 4 4 DAY OF OCTOBER, 1968: c CITY ATTORNEY � 1 � AGREEMENT The City of Corpus Christi, Texas, hereinafter called "City ", and Padre Island Investment Corporation, a Texas corporation, hereinafter called "Padre ", hereby agree as follows: 1. Padre has submitted to the authorized representatives of City a plat of Padre Island- Corpus Christi, Barataria Bay, Unit 4 (hereinafter called "addition ") together with plans and specifications for the construction of subdivision improve- ments on such addition. 2. The City has approved the final plat of such addition and the plans and specifications for the subdivision improvements to be constructed thereon, subject to the conditions set forth in this agreement. 3. The City agrees, provided that mortgage holders, within thirty (30) days of the date hereof, or if no mortgage now exists, whenever a mortgage is executed, join in an instrument in a form approved by the City, and promptly filed of record, containing a covenant and restriction running with the land, enforceable by City, forbidding construction until the improvements are installed, that Padre may delay the construction of such subdivision improvements on such addition for a period of not exceeding eight (8) years; and further conditioned that unless such improvements are installed and constructed by November 1, 1976, the approval of plans and speci- fications hereby agreed to by the City shall be of no force and effect, and the City shall have the right by filing after said date of November 1, 1976, of an affidavit of non - completion of improvements, to cancel the approval of such final plan of such addition and the approval of the plans and specifications for the sub- division improvements to be constructed on said addition.. 4. Padre agrees to construct the subdivision improvements specified in the plans and specifications on file in the office of the Director of Public Works, and approved in correction with the approval of the plat of said addition on or before November 1, 1976, and before any buildings or other improvements are constructed upon any lot or parcel out of said addition. It is understood that such plans and specifications may be amended at the time of construction if such amendments are agreeable to both Padre and City. 5. Padre agrees that each contract, contract for deed or deed evidencing a sale or conveyance out of Padre will prohibit the construction of buildings or other improvements of any nature whatsoever upon such lot or parcel out of said addition, a copy of which contract shall be on file with the City Secretary and continue to be used until such time as the subdivision improvements have been constructed and /or installed by Padre, in accordance with the terms of this agreement. 6. Padre agrees to construct or cause to be constructed at no expense to the City, prior to or contemporaneously with the construction of the subdivision improve- ments for such addition, a water line of adequate size in the opinion of the City to serve said addition extending from the City's overhead storage tank at Laguna Shore Road and Padre Island Drive to said addition, unless an alternate water supply facility is agreed to by both the City and Padre, and constructed within the time herein provided. 7. The City agrees to furnish to Padre, its successors or assigns, at the City's overhead storage tank at Laguna Shore Road and Padre Island Drive or such other location agreeable to both parties an adequate supply of fresh, potable water for said addition at the rate published by the City for water sold to properties similarly situated outside but within five (5) miles of the City's limits. 8. If such addition should be annexed to or be brought within the corporate limits of the City prior to the completion of the water line, if any, required in paragraph 6 hereof, then Padre will be entitled to reimbursement for the costs of such water line constructed under the terms of paragraph 6 above to the extent that a developer of land within the boundaries of the City would be entitled to reimburse- ment for the construction of a similar line within the City under the then existing City Ordinance. 9. This agreement shall be binding upon the parties hereto, their successors and assigns, and may be specifically enforced by either party, its successors or assigns. DATED October 1968. CITY OF CORPUS CHRISTI, TEXAS PADRE ISLAND INVESTMENT CORPORATION By By /r ✓? i , / ?Marvin Townsend, City Manager Ben D. Marks, President ATTEST: Secretary APPROVED AS TO LECAL FORM THIS DAY OF OCTOBER, 1968. C% City Attorney -2- ATTEST: l Secretary CO RPUS CHRISTI, TEXAS /U✓//IDAY OF L1L , t9Gi TO THE MENIBERS 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; 11 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, OR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JACK R. BLACKMON RONNIE SIZEMORE V. A. "DICK" BRADLEY, JR. P. JIMENEZ, JR., M.D. GABE LOZANO, SR. KEN MCDANIEL 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 MCDANIEL W. J. "WRANGLER" ROBERTS - Q