HomeMy WebLinkAbout11799 ORD - 11/21/1973• JRR:RWC:ee:vp:11 /21/73:lst
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT
WITH COUNTRY CLUB PLAZA, LTD., CONCERNING S�RFFNLNG
FENCE REGULATIONS, ALL AS IS MORE FULLY SET FORTH IN
THE CONTRACT, A COPY OF WHICH IS ATTACHED HERETO,
MARKED EXHIBIT "A ", 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
•
to enter into a contract with COUNTRY CLUB PLAZA, LTD., concerning screening
fence regulations on Block C -1, Country Club Village, in the City of Corpus
Christi, Nueces County, Texas, all as is more fully set forth in the contract,
a copy of which is attached hereto, marked Exhibit "A ", and made a part hereof
for all pertinent purposes.
SECTION 2. The necessity to authorize the execution of the afore-
said 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 necessity to exist, and
having requested the suspension of 6he Chaster 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 Iqr —day of November, 1973.
ATTEST:
t
k
City Secretary MAY
THE CITY OF CORPUS CHRISTI, TEXAS
APPROVED:
DAY OF NOVEMBER 1973;
7w,-Z- /�-'
C y Attorn6y
11799
RWC:e:11/21/73 •
1st
ANDARD SCREENING FENCE CONTRACT
THE STATE OF TEXAS I
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF NUECES I
This contract and agreement made and entered into in duplicate
originals by and between Country Club Plaza, Ltd., hereinafter called
"Country Club Plaza ", 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 conditions
herein contained on the part of Country Club Plaza and the City to be kept
and performed, the parties do hereby covenant and agree as follows:
1. As fee owner of Block C -1, Country Club Village, Country
Club Plaza agrees to issue to the City, an Irrevocable Letter of Credit equal
to the cost of construction of a standard screening fence along the southeast
boundary line of the above described tract of land, consisting of 342 feet,
more or less. The cost of said fence construction shall be determined by
the Director of Engineering and Physical Development. Said Irrevocable
Letter of Credit shall be held by the City, upon which drafts may be drawn
in compliance with the terms of said Letter of Credit and the terms of this
contract, such funds to be used for the construction of a standard screening
fence. Provided, however, that upon the occurrence of either of the follow-
ing stated events, said Letter of Credit shall be returned to the Country
Club Plaza, Ltd.:
A. In the event that the City -owned property immediately
adjacent to the subject property of Country Club Plaza,
described as Country Club Village No. 2,shall be rezoned
by the City Council of the City of Corpus Christi from
the existing "R -lB" single family dwelling district to
a zoning classification which would relieve the require-
ments of the standard screening fence to be constructed
between the Country Club Plaza tract and the City tract.
B. In the event that the City Council adopts an amendment
to the zoning ordinance of the City of Corpus Christi
which would grant the Zoning Board of Adjustment powers
to grant a Special Use exception or variance to the
Standard Screening Fence Regulations with respect to
Block C -1, Country Club Village.
2. It is hereby expressly agreed by Country Club Plaza that in
the event the City -owned tract of land is not rezoned as described above or
that the zoning ordinance of the City of Corpus Christi is not amended as
described above, the failure of Country Club Plaza to construct the City's
standard screening fence as provided herein, save and except for an intervening
act of God, shall cause the forfeiture under the terms of said Letter of Credit
to the City, and that Country Club Plaza hereby waives all equitable defenses
thereto.
3. That all of the above conditions shall be binding on the
successors and assigns of the said Country Club Plaza and each of them and
shall constitute covenants running with the land.
Witness our hands this the—f4 —day of November, 1973.
COUNTRY CLUB PLAZA, LTD.
ATTEST:
Secretary
ATTEST:
City Secretary
APPROVED:
2YST D OF NOV B R, 3:
Ci y Ati
By
President
CITY OF CORPUS CHRISTI
By
R. Marvin Townsend, City Manager
Corpus Christi, Texas
day of�, 19,73
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 �r• �i�
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 �ca�
The above ordinance was passed by the following vote:
Jason Luby
James T. Acuff
Rev. Harold T. Branchu
Thomas V. Gonzales
Ricardo Gonzalez
Gabe Lozano, Sr.
J. Howard Stark