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HomeMy WebLinkAbout14731 ORD - 01/24/1979Jkh:1-22-79;lst • 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: • 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 • 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 • Corpus Christi, day of as • 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: