HomeMy WebLinkAbout14731 ORD - 01/24/1979Jkh:1-22-79;lst
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AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH WOOLDRIDGE CREEK ASSOCIATES, INC., DEVELOPERS OF
WOOLDRIDGE CREEK SUBDIVISION FOR THE CONSTRUCTION OF
A BRIDGE ACROSS SCHANEN DRAINAGE DITCH AT CRICKET HOLLOW
DRIVE WHEN A PORTION OF LOTS 6, 7 AND 8, SECTION 12,
FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, OR LOTS
C AND D, SECTION 5 OF LOKEY SUBDIVISION ARE PLATTED
NORTH OF THE DRAINAGE DITCH, ALL AS MORE FULLY SET FORTH
IN THE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED
HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND
DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
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SECTION 1. That the City Manager be and he is hereby authorized
to execute an agreement with Wooldridge Creek Associates, Inc.,Developers
of Wooldridge Creek Subdivision, for the construction of a bridge across
Schanen Drainage Ditch at Cricket Hollow Drive when a portion of Lots 6,
7 and 8, Section 12, Flour Bluff and Encinal Farm and Garden Tracts, or
Lots C and D, Section 5 of Lokey Subdivision are platted north of the drainage
ditch, all as more fully set forth in the agreement, a substantial copy of
which is attached hereto and made a part hereof, marked Exhibit "A".
SECTION 2. The necessity to authorize execution of the aforesaid
agreement at the earliest practicable date 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 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 o2V day of
January, 1979.
ATTEST:
MAYOR Pmgm
THE CITY OF CORPUS CHR TI, TEXAS
y Secretary
APPROVED:
22nd DAY OF JANUARY, 1979:
J. BRUCE AYCOCK CITY ATTORNEY
By
Assistant Ci J''torney
14731
MICROFILMED
Jut_ 0 81980
AGREEMENT
STATE OF TEXAS j
COUNTY OF NUECES j
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This agreement is entered into by and between the City of
Corpus Christi, hereinafter referred to as "City", and Wooldridge Creek
Associates, Inc., a Texas corporation, hereinafter referred to as "Developer".
WHEREAS, the Developer is the record title holder of a tract of
land in the City platted as Wooldridge Creek Unit 1 and other land described
as:
Portions of Lots 6, 7, and 8, Section 12, Flour Bluff
and Encinal Farm and Garden Tracts shown by map or plat
thereof as recorded in Volume A, Page 41, 42 and 43,
and Lots C and D, Section 5, Lokey Subdivision as
shown by map or plat thereof recorded in Volume 7,
Page 16, Map Records, Nueces County, Texas.
WHEREAS, a portion of Developer's land described above is situated
northeast of Wooldridge Creek Unit 1 and adjacent to an existing 75 -foot
drainage right-of-way and ditch which is located along the said Wooldridge
Creek Unit 1 northeast boundary; and
WHEREAS, a requirement of the Platting Ordinance of the City
obligates Developer to construct a bridge across said 75 -foot drainage
right-of-way and ditch at a point where Cricket Hollow Drive intersects
said 75 -foot drainage right-of-way and ditch; and
WHEREAS, it is the desire of Developer to delay fulfilling
the requirement of construction of such bridge until the land owned by
Developer described herein lying northeast of and adjacent to said drainage
ditch is platted and developed.
NOW, THEREFORE, for and in consideration of the mutual covenants
herein exchanged to be kept and performed, the parties do hereby covenant,
and agree as follows:
1. Developer will construct a bridge over and across the above
described 75 -foot drainage right-of-way ditch at its intersection with
the northeasterly extension of Cricket Hollow Drive as shown by a
preliminary plat thereof submitted by Urban Engineering Company, Job No.
7550.02, dated November 18, 1977, a copy of which is on file in the office
of Planning and Urban Development, City of Corpus Christi.
x41,7,9,
2. Developer will construct a bridgeofthe size and d
and other specifications of the Platting Ordinance of the City in
mensions
effect
upon the date of execution of this agreement. Developer will construct
such bridge at the time that any portion of Lots 6, 7, and 8, Section 12,
Flour Bluff and Encinal Farm and Garden tracts or Lots C and D, Section 5,
Lokey Subdivision is platted and development commenced thereon.
3. City will waive temporarily such bridge construction
requirement in accordance with the terms herein and will approve and
accept the construction of other required improvements in Wooldridge
Creek Unit 1, subject to Developer complying with all applicable ordinances
and regulations of the City.
4. It is expressly agreed and understood by and between the
parties hereto that the foregoing rights and obligations are hereby
declared to be covenants running with the land and shall be fully binding
on all persons acquiring said property whether by descent, devise, purchase
or otherwise, and any person by acceptance of title to any portion of
said land described hereinabove shall thereby agree and covenant to
abide by and fully perform the foregoing obligation.
WITNESS OUR HAND this day of January, 1979.
ATTEST: DEVELOPER
Secretary William D. Wallock, President
ATTEST:
Wooldridge Creek Associates, Inc.
CITY OF CORPUS CHRISTI
By
City Secretary R. Marvin Townsend, City Manager
APPROVED: DAY OF JANUARY. 1979:
J. BRUCE AYCOCK, CITY ATTORNEY
By
Assistant City Attorney
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Corpus Christi,
day of
as
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197 `1
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 suspension 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 ordinance
finally on the date it is introduced, or at the present meeting of the City
Council.
Respectfully,
MA OR Pm -i -
THE CITY OF CORPUS CH ISTI, TEXAS
The Charter rule was suspended by the following vote:
Gabe Lozano, Sr. I ! , -,
Bob Gulley �✓
David Diaz
Ruth Gill !/
Joe Holt F
Tony Juarez, Jr.
Edward L. Sample 1
The above ordinance was passed by the following
Gabe Lozano, Sr.
Bob Gulley
David Diaz
Ruth Gill
Joe Holt
Tony Juarez, Jr.
Edward L. Sample
1_4%1
vote: