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HomeMy WebLinkAbout16373 ORD - 07/08/1981ti sp;7/7/81;lst AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE DEVELOPERS OF GREENFIELDS BY THE BAY, A 140 ACRE SUBDIVISION, IN ACCORDANCE WITH THE PROVISIONS OF THE PLATTING ORDINANCE FOR FUTURE PARK DEDICATION, A SUBSTANTIAL COPY OF WHICH AGREEMENT 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 authorized to enter into an agreement with the developers of Greenfields By The Bay, Greg Voisin, for additional park dedication of 5.32 acres out of future units of the sub- division, in accordance with the provisions of the Platting Ordinance, a substantial copy of which agreement 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 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 or Council members, having declared that such necessity exists, 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 j> day of July, 1981. ATTEST: APPROVED O DAY OF JULY, 1981 J. BRUCE AYCOCK, CITY ATTORNEY 16373 THE CITY OF CORPUS CHRISTI, TEXAS biumuyo, ISEP 27 1984 THE STATE OF TEXAS D COUNTY OF NUECES CONTRACT • KNOW ALL MEN BY THESE PRESENTS This Agreement entered into on the date of its execution as set forth hereinbelow, by and between Greg Voisin acting herein by and through its duly authorized officer, hereinafter called, "Developer", and the City of Corpus Christi, Texas acting herein and through its duly -authorized City Manager, hereinafter called "City": WITNESSETH: WHEREAS, Developer is the owner or option holder and developerofa subdivision in the City of Corpus C isti, Nueces County, Texas, known•as_ Greenfields By The Bav (140 acres)± ; and WHEREAS, Developer desires to secure -approval of a map of a unit or section of its subdivision out of the foregoingdescribed property, -said section or unit to be known as Greenfields By The Bay unit 1 ; and WHEREAS, the City of -Corpus Christi has the requirement that certain r. land be dedicated for park purposes in connection with the subdivision of lands, such requirement being authorized by the City Platting -Ordinance; and WHEREAS, it is impractical at this time for the Developer to fulfill ' the park -dedication requirements of the City Platting Ordinance with regard to the foregoing subdivision until such requirements are more fully determined and appropriate, and it is the purpose of this -agreement to postpone the park dedication for the map of the unit for which Developer seeks approval at this time. NOW, THEREFORE, be it mutually agreed that for -and in consideration - of the approval by the City Planning Commission of the plat of Greenfield' Rv Tho -Ray Unit 1 in the exercise of the City's platting and subdivision control responsibility, the parties hereto agree as follows: • 1. That the Developer will comply with the Platting Ordinance of the City of Corpus Christi regarding public park dedication by dedicating out of a future section or unit of his over-all subdivision five percent (5%) of the gross acreage of the land embraced in the preliminary plat on file in the office of the Planning Department of the City of Corpus Christi. 2. This Agreement shall be binding upon the parties hereto, their successors and assigns, and shall constitute a covenant running with the land. EXECUTED this day of ATTEST: , 1980. CITY OF CORPUS CHRISTI City Secretary R. Marvin Townsend, City Manager Greg Voisin, Developer By A. M. Ewing, Jr., Attoffiey-in-Fact APPROVED J. Bruce'Aycock, City Attorney By -Assistant Cit ttorney -Approved-2d iyr, a 7 Assistant City Manager THE STATE OF TEXAS f COUNTY OF NUECES • BEFORE ME, the undersigned authority, on this day personally appeared R. Marvin Townsend, City Manger of the City of Corpus Christi, Texas, known to me to be the person and official whose name is subscribed to the foreoing instrument and acknowledged to me that the same -was -the act of the said City and that he executed the same as the act of such City for the purposes and consideration therein -expressed, and in the capacity therein stated. GIVEN under my hand and seal of office this the _ day of 1980. Notary Public in and for Nueces County,Texas 2 THE STATE OF TEXAS COUNTY OF NUECES BEFORE ME, the undersigned authority, on this day personally appeared A:M. Ewing, Jr. known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. . GIVEN under my hand and seal of office this the 18 day of June, _ 1981. ryPublic in and for Nueces County, Texas /7-/O -ay Corpus Christi, Texa 0 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 suspension of the Charter rule or requirement that no ordinance or resolution shall be passed finally on the date it is introduced, but that such ordinance or resolution shall be read at three meetings of the City Council; I/we, 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, Respectfully, Council Members MAYOR The Ci y of Corpus Christi, Texas The Charter rule was suspended by the following Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky The above ordinance was passed Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley ' Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky vote: by the following vote: 16373