HomeMy WebLinkAbout09411 ORD - 07/02/1969JKH:6 -28-69
AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR
AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO
EXECUTE CONTRACTS WITH PADRE ISLAND INVESTMENT
CORPORATION PROVIDING FOR THE CONSTRUCTION OF
SUBDIVISION IMPROVEMENTS IN POINT TESORO UNITS
2 AND 3, AND SECTION D OF PADRE ISLAND - CORPUS
CHRISTI, ON OR BEFORE JULY 1, 1977, AND FOR THE
CONSTRUCTION OF TRANSMISSION MAINS FROM SAID SUB-
DIVISIONS TO THE CITY'S OVERHEAD WATER TANK AT
LAGUNA SHORES ROAD AND ISLAND DRIVE, COPIES OF
WHICH CONTRACTS ARE 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 CONTRACTS WITH PADRE ISLAND INVESTMENT CORPORATION, PROVIDING
FOR THE CONSTRUCTION OF SUBDIVISION IMPROVEMENTS IN POINT TESORO UNITS
2 AND 3, AND SECTION D OF PADRE ISLAND - CORPUS CHRISTI, ON OR BEFORE
JULY 1, 1977, AND FOR THE CONSTRUCTION OF TRANSMISSION MAINS FROM SAID
SUBDIVISIONS TO THE CITY'S OVERHEAD WATER TANK AT LAGUNA SHORES ROAD
AND ISLAND DRIVE, COPIES OF WHICH CONTRACTS ARE ATTACHED HERETO AND
MADE A PART HEREOF.
SECTION 2. THE NECESSITY TO AUTHORIZE THE EXECUTION OF THE
AFORESAID CONTRACTS IN ORDER THAT THE DEVELOPMENT OF THE HEREINABOVE
NAMED SUBDIVISIONS 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 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 FULLFORCE AND
EFFECT FROM `F•ROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY S ORDAINED, THIS
THE 1 [ :9 DAY OF JULY, 1969.
ATTEST-
CITY SECRETARY/ ,_. MAYOR -�
APPROVED: T E ITY OF CORP CHRISTI, TEXAS
-17 DAY OF JUNE, 1969:
ITY ATTORNEY Q 9411
a
ACRE UNT
The City of Corpus Christi, Texas, hereinafter called "City", andPadro
Island Investment Corporation, a'Te= 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, Point Tesoro Unit 2, (hereinafter called "addition ")
together with plans and specifications for the construction of-subdivision imgrove-
meats 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 Improve-
ments are'installed and constructed by July 1, 1977, the approval of plans and
specifications 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 July 1, 1977, of an
affidavit of non- amapletion of improvements, to cancel the approval of such final
elan of ouch addition and the approval of the plans and specifications for the
subdivision improvements to be constructed on said addition.
k
k. 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 connection with the approval of the plat of said addition on or before
July 1, 1977, and before any buildings or other improvements are constructed upon
any lot or parcel out of said addition. It is understood that such plena and specs-
fications 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
a_
sale or conveyance out of Padre will prohibit the construction of buildings or other
�.
Improvements of only nature whatsoever upon such lot or parcel out of said addition,
until such subdivision improvements have been constructed as required in paragraph
,.I
®1
!, 6
4 above. A copy of each suce aced sha]1 be vn file
h contract form proposed to b
with the City Secretary and such form or forms Shall continue to be used until. such
rovements have been constructed and/or �ta]ied by Padre.
time as_ the subdivision -irp
the terms of this agreement. .
in accordance with
6, cottetravted, at no ea7,'enae to
padre agrees to construct or cause to be
the City. prior to or contemporaneously '�tb the construction o£ the eubdiviaion
EL water line of adequate size to serve said. addition,
improvements for such addition the City's overhead storage tank at
in the opinion of tho City, e,tonaing from
Road and Padre Island Drive to said addition, unless an alternate water
Laguna Shore and constructed vithin the
supply facility is agreed to by both the City and Padre,
timm herein Provided. at the
es to furnish to Padre, its successors or alai,
7, The City a£re a Island Drive or such
City's overhead storage tank at Laffma Siloro Road and padr
ies an adequate supply of /scab' potable water
other location agreeable to both Part properties
for said addition at the rate published by the City for water sold to
similarly situated Outside but within five (5) miles of the City's limits.
$ed to or be brought within the corporate
$. I£ such addition should be anne line, if any, required in
limits of the City Prior to the completion of the
paragraph 6 hereofe then Padre V113. be entitled to rcimbursez�na f
for the costs o
of paraEraph G above to the extent that
such water 39.ne c�tructed under the terms' wwid .� entitled to raixa�
a - developer of lend w].thin the boundaries of the City
b�eelop for the eenstruat3on of a aimilas line with the City under the then
existing City Ordinatco• their successors
mn
9• 4s agreement shall be binding Upon
the parties hereto,
and assigns, and may' be specifica37,Y
enforced by either party. its successors or
assims -
DATED .
1969.
CITY OF- CORPIr. C&tM-,', TBXA`
BY r2anager
�!arvin Townsend, City -
ATTEST:
SecSec tre�as'y
ano{ rl"� AS TO IX GAL 'FON! lL L
DAY of
PADRE; MAIM TPI9�'�ye5 ,JT CORPORATION
By
1). Fiarke.
President
en
9eo
fj6Sr'�7H 4.-,
City Attorney
-2-
4
AGREEIM
The City of Corpus Christi, Texas, hereinafter called "Citq ", and Padre
Island Investment Corporation, a Texas corporation, hereinafter called "Padre% z
hereby agree as follows-
1. Padre has submitted to the authorized representatives of City a plat of
Padre Island - Corpus Christi, Point, Tesoro Unit 3, (hereinafter called "addition` °)
together with places and specifications for the construction of subdivision improve-
meats 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 sueH improve-
ments are installed and constructed by July 1, 1977, the approval of plans and
epeeificatione hereby used to by the City shall be of no force and effect;-and
the City shall have the right by filing after said date of duly 1, 1977, 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
subdivision improvements to be constructed on said addition.
4. Padre agrees to construet'the subdivision improvements specified in the ,
plena and specifications on file in the office of the Director of Public Works, and
approved in connection with the approval -of the plet,of said addition on or before
July 1, -1977, 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 specs-
fientions may be amended at the dime of construction if such amendments are agreeable
to both Padre and City.
5. Padre agrees that each contract, contract for Heed or deed evidencing a r
sale or conveyance out of Padre will prohibit the construeticn of buildings or other
improvements of any nature whatsoever upon -such lot or parcel out of said addition,
until such subdivision improvements have been constructed as required In paragraph
t
7 irk l• ., _
4 above. A am of each.'aueh goutract form proposed to be urea shell be -on file
with the City Secretary end,eueh form or forms eha.11 continue to be used until such a'
time as the subdivision improvements -have been constructed end /or installed by Padre,,, s•
in•sccordance with 'the terms of this agreement.
�. • Padre agrees to' construct or cause• to be constructed, at no expense to t
the City. prior to or contemporsnecuely with 'the construction of the subdivision
improvements for, such addition, -a 4ater line, of adequate size to serve said addition,
is the opinion of the City,, extending 'trom the, City's overhead storage tadk`,at -
,•q Laguna.9hore Read and Padre Island Drive 'to' said addition, ualmss an alternate vater
supply facility is agreed to by both the City and Padre, and constructed vlthin_ the
time herein provided.
T. - The-City agrees to furnish to Padre, its successors or assigns, at the
City "s overhead storage tank at Dina Shore Road and Padre Island Drive or such
other location agreeable to both parties an-"equate supply of'fresh', potable - Vat er
for said addition 'et -the rate publiehi+d by the for water sold to properties
-Y similarly situated, outside but vitbin'fiva -(S) 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 eater line, if ally, 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,dbove to the extent that
a developer of land within the boundaries - -of,the City would be entitled to rein-
bursement for the construction 'of A similar line with the City under the then
a _
exist ine'city Crdinaaoe.
9. This agreement shall be binding vpoir the parties hereto, their successors
and assigns. en& m q be speaifieally 'enfoioed,by, either party, its successors or
assigns
DATEiS
CITY_ or CORMS 'CBRISTI. ri-SMS 'PADRE ISLAND n=14= COMUTION
- _ t %rvin Townsend, City Manager Lien D. Marks, President
' ATl'F�Ts _ - tOL J.bY]ii - ri7_-- t -1•! ... i' \".y•
BbOret -7' - - - . SS 7Rot '134her -
� r
APPR= AS . TO L'EGILU FORM ,MS
laAY CF , 1969.E.;r
`" City Attorney_
AGREEt +IENT
The City of- Corpus Christi,'Texes, hereinafter called ",City ", and padre
Island Investment Corporation, a Texas corporation, hareinafter,ealled "Padre ",
hereby agree as follows:
1. Padre has submitted to the authorized representatives of City a plat of
Padre Island- Corpus Christi, Section D, (hereinafter celled "addition ") together
with plans and specifications for the Construction of subdivision improvements
on such addition. r'
2. The City has approved the final plat of such addition end 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 it no mortgage now exists, whenever s mortgage is executed,
loin in an instrument in a -Porn 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 (3) years; and'further conditioned that unless such improve -'
cents are installed and constructed by July 1, 1977, the approval of plane and
specifications hereby agreod to by the City shall be of no force and effect, and
the City shun have the right by filing after said date of July 1, 1977, 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
subdivision improvements to be constructed on said addition.,
h. -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 connection with the approval of the plat of said addition on or before
July 1, 1977, and before airy buildings or other improvements are constructed upon
any lot or parcel out of-said-addition. It is understood that such plans and specs -
fications 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 anon -such lot or parcel out of said addition,
until Such subdivision improvements have been constructed as required in paragraph
m
4- above.:' A W of-each such contrast form proposed to be used shell,be on file. _.-
37; ; with the City Secretal-r aa8 such form, or forms -eh&U continue to, be used until snob
. ' .
time as the subdivision improvem..ents have been 'constructed and/or installed. by Padre,
in eCCOrdance with -the terms of tlris� , agreement. -
6. Padre agrees to'coastruct or eauae to -bo constructed; at no.expease to
tiie City. - prior to or contemparaneous7 with the construction of the subflivSsioi►
improvements for such addition. a'wa er -line of adequate size to'derve said.additiou, '
in the opinion of the City, extending from the City's ovarbesd storage tank at
Data Shore Road acid Padre Magi Drive to-0048 eddition,'unlegs an alternate water
snPply facility -is apeed to by both Ebe City shd Padre,' sad constructed within the '
time- hereih.provided.
7. The City agrees to llaraish to,Padre, its s�cessors or assigia* "at the
a
-City's overhead storage a tank -at LaWm Shore Road and Padre Island Drive -or such
''other location agreeable to troth parties an adequate. supply of fresh pistable water,
for, "said addition" at the rate published by tiie City for eater sold to properties
similarly situated outside but, within five (5) miles Of the City *e limits.
8c If such addition should be anneked'to -or be brought within ,the corporate
limits -of the City prior, to the completion 6f the water line, if any ,'required An,
garagrsPh 6 'hereof„ then Padre will be entitled to' reimbursement for the costa of r
< dUch water line eonstructed,under the terms of, paragraph 6 above to the extent that
e developer o4 land within the bounds 3es of the City would be entitled to ream-
bursement for the construction of a similar Sine with the City under the then
existing City ardinance.
9. "7!'his agreement shall be binding upon the parties hereto, their successors s
and asglgus,,and may be 'specifically onforeed by either party; its au¢Ceaspre or
assigns.
-w O T7t_OF CORPUS Ch1iISTI, TE1�AS''' _ PADRE "L0D II4VFBTt43ifi COIiT'ORATIOII
s a _
' By.
Marvin Townsend, City manger Ben D► Marko, ' esidentt
ATTEST: ATTESTo
®`
Secretary _ /�SS;sY �' Secretary :m`
A,PPROWD AS, TO L'E( FORM SMS `�-
W,, OF 1965•' ..,
City- Attorney
Corpus Christi, Texas
z4--day of
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 is introduced, or at the present meeting of the
City Council. q
Respectfully
MAYOR
The Charter rule was suspended by the
CITY (W CWUS CHRISTI, TEXAS
Jack R. Blackmon a
Gabe Lozano, Sr.
V. A. "Dick"Bradley, Jr.
Eduardo E. de Ases
Ken McDaniel
W. J. "Wrangler" Roberts
Ronnie Sizemore
The above ordinance was passed by the following vote:
Jack R. Blackmon a & o
Gabe Lozano, Sr. -�
V. A. "Dick" Bradley, Jr.
Eduardo E. de Ases
Ken McDaniel
W. J. "Wrangler" Roberts
Ronnie Sizemore