HomeMy WebLinkAbout15509 ORD - 04/30/1980ilr
• vp:4/28/80:1st
AN ORDINANCE
AUTHORIZING EXECUTION OF A PARK DEFERMENT AGREEMENT
WITH THE DEVELOPERS OF SEDWICK INDUSTRIAL PARK WHEREBY
THE REQUIREMENT THAT CERTAIN LAND BE DEDICATED FOR PARK
PURPOSES IS WAIVED SO LONG AS EACH LOT IN THE SUBDIVISION
IS UTILIZED FOR PURPOSES REQUIRING AN "I-2" OR "I-3"
ZONING DISTRICT DESIGNATION WITH THE STIPULATION THAT IF
ANY LOT IN THE FUTURE IS UTILIZED FOR OTHER THAN "I-2"
OR "I-3" USES, THE OWNER PAY MONEY IN LIEU OF LAND DEDI-
CATION PRIOR TO THE ISSUANCE OF A BUILDING OR OCCUPANCY
PERMIT FOR THE LOT; 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 the developers of Sedwick Industrial Park whereby the require-
ment that certain land be dedicated for park purposes is waived so long as
each lot in the subdivision is utilized for purposes requiring an "I-2" or
"I-3" zoning district designation with the stipulation that if any lot in the
future is utilized for other than "I-2" or "I-3" uses, the owner pay money in
lieu of land dedication prior to the issuance of a building or occupancy permit
for the lot, 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 hereinabove set out 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 that such
emergency and necessity 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 30 day of April, 1980.
ATTEST:
APPROVED: f..00 DAY OF APRIL, 1980:
J. BRUCE AYCOCK, CITY ATTORNEY
By
Assistant Citorney
MICROFILMED AUG 2 91980 -15509
TH ITY OF CORPUS CHRISTI, TEXAS
THE STATE OF TEXAS 1
:COUNTY OF
. PARK DEFERMENT.AGREEMENT
Tor the purpose of compliance with the -provisions of the Platting
Ordinance of the City of Corpus Christi, Verl,gn Nol n, Trustee, and
Yellow Freight System, Inc. developer of a subdivision within
the jurisdiction of the City of Corpus Christi,, known as Sedwick
Industrial Subdivision and the City of Corpus
Christi, acting by and through the authority of the City Council, and in considera-
tion of the following mutual promises, do hereby agree and covenant as follows:
-The City shall, upon the Developer's compliance with all relevant ordi-
nance requirements not herein specifically excluded or waived, approve the map or
plat of the unit or section of said Developer's subdivision out of the foregoing
described property and the requirement that certain land be dedicated for park
purposes shall be waived so long as each lot or portion of a lot in the subdivision
is utilized for purposes requiring an "I-2", light industrial, or "I-3", heavy
industrial, zoning district designation.
The Developer agrees that should any lot or portion of a lot within the
above described subdivision ever be used or developed for uses other than those
purposes requiring an "I-2", light industrial, or "I-3", heavy industrial, zoning
district designation, then the ordinance requirement that certain land be dedicated
for park purposes shall be satisfied by the owner of such lot so used or developed
paying the sum of Nine Thousand Five Hundred (9,500) Dollars per acre for
all land within the non -industrial development plus six percent per annum interest
on such sum calculated from the date of this agreement. The total sum shall be
paid to the Park Development Fund at or before the time that building and/or occu-
pancy permit fees for such lot or lots are paid.
No building or occupancy permit shall be issued without payment of the
above stated sum in compliance with this agreement.
Developer further agrees and covenants that the restrictions. and covenants
expressed herein shall be included in any deed conveying any of the property within
the above described subdivision and shall be made a covenant running with the land.
• Pape One of Three pages
(Park Deferment Agreement)
This agreement shall be binding upon the parties hereto, their successors
and assigns and shall constitute a covenant running with the land.
The effective date hereof shall be day of
1980.
ATTEST:
DEVELOPER
By
Secretary Verlyn A. Nolen, Trustee
ATTEST: CITY OF CORPUS CHRISTI
City Secretary
APPROVED:
day of , 1980
J. BRUCE AYCOCK, CITY ATTORNEY
By
Assistant City Attorney
By
R. Marvin Townsend, City Manager
YELLOW FREIGHT SYSTEM, INC.,.
Developer
By
THE STATE OF TEXAS II
COUNTY OF NUECES
BEFORE ME, the undersigned authority on this day personally appeared
R. Marvin Townsend, City Manager of the City of Corpus Christi, Texas, a munici-
pal corporation, known to me to be the person and officer whose name is subscribed
to the foregoing instrument and acknowledged to me that he executed the same as
the act and deed of the City of. Corpus Christi for the purposes and consideration
therein expressed and -in the capacity therein stated.
GIVEN under my hand and seal of office this day of
1980.
Notary Public in and for Nueces County,
Texas
Page Two of Three Pages
(Park Deferment Agreement)
THE STATE OF TEXAS 1
COUNTY OF NUECES
BEFORE ME, the undersigned authority on this day personally appeared
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 day of
1980.
Notary Public in and for Nueces County,
Texas
THE STATE OF TEXAS II
COUNTY OF NUECES
BEFORE ME, the -undersigned authority on this day personally appeared
of
. a corporation, known to me to be the person and officer whose name is
subscribed to the foregoing instrument and acknowledged to me that he executed
the same as the act and deed of for the purposes'
and consideration therein expressed and in the capacity therein stated.
GIVEN under my hand and seal of office this day of
1980.
Notary Public in and for Nueces County,
Texas
Page Three of Three Pages
(Park Deferment Agreement)
Corpus Christi, T-xas
day of , , 19 e)
•
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,
THE C OF CORPUS CHRISTI, TEXAS
The Charter rule was suspend -d 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 passe• by the following vote:
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dunphy
Betty N. Turner
Cliff Zarsky
15509