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HomeMy WebLinkAbout15494 ORD - 04/23/1980• 1p:4-21-80;lst AN ORDINANCE AUTHORIZING EXECUTION OF AN AGREEMENT WITH FIRST NATIONAL BANK OF FLOUR BLUFF WHEREBY THE CITY WILL ACQUIRE AN OFF-SITE DRAINAGE EASEMENT SOUTH OF COMPTON ROAD IN THE LAGUNA BUSINESS CENTER AND THE BANK WILL REIMBURSE THE CITY FOR ACQUISITION EXPENSES, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO {IND 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 execute an agreement with First National Bank of Flour Bluff whereby the City will acquire an off-site drainage easement south of Compton Road in the Laguna Business Center and the Bank will reimburse the City for acquisition expenses, 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 in order that the project 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 that such emergency and necessity exist, 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 23 day of U , 1980. ATTEST: '1014/7 ty Secretary APPROVED: » /f, 0 J. BRUCE AYC CK, CITY ATTORNEY 1/1(rT/: MAYOR THE T OF CORPUS CHRISTI, TEXAS MICROFILMED ADS 291981j 15494 h. AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES This Agreement is authorized by Ordinance No. and is entered into between the City of Corpus Christi, Texas and the First National Bank of Flour Bluff, hereinafter called "Developer", and pertains to acquisition of an off-site drainage easement in connection with the development of a subdivision known as Laguna Business Center. NOW, THEREFORE, the City and the Developer agree as follows: 1. The Developer will construct all improvements required by the City of Corpus Christi Platting Ordinance, including off-site drainage. 2. The City agrees to acquire the 20 -foot drainage easement described herein and shown as Exhibits "A" and "B", and make such easement available to the Developer. 3. The Developer agrees to reimburse the City the total cost of acquisition for such easement including appraisal and legal -fees. Acquisition shall be either by negotiation or condemnation if necessary, and Developer agrees that reimbursement for acquisition will include the court awards, as well as court costs. 4. This Agreement shall become effective and shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, successors, and assigns. By WITNESS this day of , 1980. First National Bank of Flour Bluff BY: Floyd W. Brown, President CITY OF CORPUS CHRISTI ATTEST: BY: R. Marvin Townsend, City Manager BY: Bill G. Read, City Secretary APPROVED: Iday of nl ,1980 . J. Bruce Aycock, City Attorney Assistant cit rney STATE OF TEXAS COUNTY OF NUECES S0112134,7 t1 41t v, toosos. ca nu April 9, 1980cr4���L'l; - c� ,12 Being an easement 20 feet in width across portions of Lot 10 and Lot 11, Section 48, Flour Bluff and Encinal Farm and Garden Tracts, as shown by map recorded in Volume A, Pages 41, 42, and 43, Map Records of Nueces County, Texas, said easement being located 10 feet each side of the following described centerline: BEGINNING at the most northerly common corner of said Lot 10 and Lot 11 for the POINT OF BEGINNING of this easement; THENCE along the common boundary of Lot 10 and Lot 11, South 29° West, 320.00 feet; THENCE across Lot 10, South 14° East, 574.18 feet to the point of intersection with the centerline of an existing 50.00 foot wide drainage easement for the termination point of this easement. Said point being North 61° West, 268.49 feet from the easterly, boundary of Lot 10. HAROLD K. S RE', P.E. Shearer Engineering, Inc. EXHIBIT "A" .J ' /`E II� APP�oxi7A7le Gin//S �\ of Ex/s/iny Lexie 11 f 20'Oraiaage Easeine,7/ f Exi.9fiag ✓O'17/-a'iilagEasey776,,-7f 0 ry A/ a/0 w aed.40/ l ROiio F/EL ONO TE fXH/B/T s%O/%/ /9I ' EXIiIBIT "B" Corpus Christi, T xas 23 day of Ca l• , 19p 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, MAYOR / THE' TY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky The above ordinance was Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky passed by the following vote: 45494