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HomeMy WebLinkAbout11647 ORD - 08/22/1973*JRR:jkh:s:7-31-73 , ; 1st i AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH H. E. BUTT COMPANY CONCERNING SCREENING FENCE REGULATIONS, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A COPY OF WHICH IS ATTACHED HERETO, MARRED EXHIBIT "A ", 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 to enter into a contract with H. E. Butt Company con- cerning screening fence regulations on Block 2, Carolyn Heights Unit 1, and Lot 2A, Block D, Wilkey Addition, in the City of Corpus Christi, all as more fully set forth in the contract, a copy of which is attached hereto and made a part hereof, marked Exhibit "A ". SECTION 2. The necessity to authorize the execution of the aforesaid contract in order that development of certain properties 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 but that such ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor having declared such emergency and neces- sity 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 aa-r� day of / 1973. ATTEST: City Secieta�§ MAY THE CITY OF CORPUS CHRISTI,TEXAS APPROVED: DAY OF , 1973: City Attorney JLt647 RWC:jkh:7- 24 -73; let STANDARD'SCREENING'FENCE CONTRACT THE STATE OF TEXAS X COUNTY OF NUECES x WHEREAS, it is the desire of the H. E. Butt Company that the tract of land described herein shall be developed in accordance with the terms of the Zoning Ordinance of the City of Corpus Christi, but that full compliance with the screening fence regulations of said ordinance be temporarily waived until adjoining vacant land be developed to residential uses; and WHEREAS, it is the desire of the City of Corpus Christi that the H. E. Butt Company be permitted to proceed with the development of its property and that certain screening fence requirements of said Zoning Ordinance be temporarily waived and that the City of Corpus Christi forego enforcement of the same until such time that the adjoining vacant land is developed with residential uses. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: This contract and agreement made and entered into in duplicate originals by and between H. E. Butt Company, a corporation of Nueces County, Texas, hereinafter called "HEB ", and the City of Corpus Christi, a municipal corporation and body politic duly organized and existing under the laws of the State of Texas, and situated in Nueces County, Texas, hereinafter called "City", for and in consideration of the exchange of mutual covenants and condi- tions herein contained on the part of HEB and the City to be kept and performed, the parties hereto do hereby covenant and agree as follows: 1. As fee owner of Block 2, Carolyn Heights Unit 1, and Lot 2A, Block D, Wilkey Addition, HEB agrees to deposit with City, a sum of money equal to the cost of construction of a standard screening fbnce along the northwest and southwest boundary line of the above described tract of land. The cost of said fence construction shall be determined bythe Director of Engineering Services. Said deposit of money shall be held in trust by the City's designated depository, Corpus Christi Bank and Trust, with interest earned payable to HEB, for the use and benefit of HEB, the corpus of said trust to be used for the construction of a standard screening fence, the construction of said standard screening fence to commence upon the issuance of a residential building permit for the development of residential improvements or use upon FxN. ,A, any land adjacent to and adjoining the land described herein. Such fence construction shall be completed, with the exception of any intervening act of God, prior to the completion of the permitted residential construction on adjacent land. 2. In the event that HEB conveys or assigns its interest to any part or all of the land described herein, such conveyance or assignment shall transfer pro rata part or all, as the case may be, the deposit for fence construction as herein provided, and a copy of such conveyance or assignment shall promptly be mailed to the City Manager. The pro rata calculation shall be based on the ratio of linear footage conveyed and adjoining the said described lot to the total linear footage of fence along the entire adjoining northwest or southwest boundary line, as the case may be. 3. It is hereby expressly agreed by MM that failure to construct the standard screening fence as provided herein, save and except for an inter- vening act of God, shall cause the forfeiture of said deposit to the City, and that BEB hereby waives all equitable defenses thereto. 4. That all of the above conditions shall be binding upon the successors and assigns of the said HER and each of them, and shall constitute covenants running with the land. WITNESS OUR HANDS, this the day of July, 1973. ATTEST: H. E. BUTT COMPANY By Secretary President ATTEST: CITY OF CORPUS CHRISTI By. City Secretary R. Marvin Townsend City Manager APPROVED: day of July, 1973: City Attorney -2- THE STATE OF TEXAS X COUNTY OF NUECES X BEFORE ME, the undersigned authority, on this day personally appeared , President of H. E. Butt Company, a Texas corporation, known to me 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 H. E. Butt Company, a Texas corporation, and that he executed the same as the act of such corporation for the purposes and con - aideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of 1973. Notary Public in and for Nueces County, Texas THE STATE OF TEXAS x COUNTY OF NUECES X 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 purposes and consideration therein expressed and in capacity therein Etated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of , 1973. Notary Public in and for Nueces County, Texas Corpus Christi, Texas _V--t day of 19�. 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. Respectfully, MAYO THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark The above ordinance was passed by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales L Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark