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HomeMy WebLinkAbout15549 ORD - 05/21/1980AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH PENDARIS CORPORATION BY THE TERMS OF WHICH THE CORPORATION MAY PLACE A TEMPORARY SALES BUILDING ON AN UNPLATTED PARCEL OR TRACT OF LAND ADJACENT TO WOOD RIVER UNIT 1 AND CONNECT SAID BUILDING'TO CITY UTILITIES, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, 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 authorized to execute an agree- ment with Pendaris Corporation by the terms of which the Corporation may place a temporary sales building on an unplatted tract or parcel'of land adjacent to Wood River Unit 1 and connect said building to City utilities, all as more fully set forth in the contract, a substantial copy of which is attached here- to and made a part hereof, marked Exhibit "A". SECTION 2. The necessity to authorize execution of the aforesaid contract at the earliest practicable date in order that the said temporary sales building and information center may be located on the tract or parcel of land adjacent to Wood River Unit 1 creates a public emergency and an impera- tive public emergency and an imperative public necessity requiring the suspen- sion 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 intro- duction and take effect and be in full force and effect from and after its passage IT IS ACCORDINGLY SO ORDAINED, this the 21 day of May, 1980. ATTEST: 'crearear�� y APPROVED: ;),-/ DAY OF MAY, 1980: J. BRUCE AYCOCK CITY ATTORNEY By Assistant Ci,J;itorney THE ITY OF CORPUS CHRISTI, TEXAS AU 2 91980 155'19 dLhqur e�,.o"� AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES KNOW ALL MEN BY THESE PRESENTS: WHEREAS, PENDARIS CORPORATION (hereinafter -called PENDARIS), a Texas Corporation, purchased -approximately 493.66 acres located in Nueces County, Texas, from the Estate of Nina Stewart, et al, and same was conveyed to PENDARIS. by GENERAL WARRANTY DEED dated March 4, 1978, recorded at Volume 1643, Page 224, Deed Records of Nueces County, Texas; and WHEREAS, said real property is within the five (5) mile extraterritorial jurisdiction of the City of Corpus Christi (hereinafter called (CITY); and WHEREAS, by contract approved by the City Council of CITY on May 10, 1978, and executed by PENDARIS, PENDARIS agreed to annex all units platted and - filed for record out of the 493.66 acres according to the time schedule established in said contract; and WHEREAS, PENDARIS has developed a•portion of the 493.66 acre tract as WOOD RIVER UNIT 1, the plat thereof being recorded in the Map Records of the Office of the County Clerk of Nueces County, Texas, at Volume 44, Pages 180-182. ' inclusive; and WHEREAS, it is the desire of PENDARIS. to place a temporary, movable building, being approximately 1,900 square feet in size, to serve as an informa- tion center for all units of the WOOD RIVER development created PENDARIS out of the aforementioned 493.66 acre tract, and said temporary. movable building is to be located upon what is presently an unplatted portion of said 493.66 acre tract; and WHEREAS, the City Code of Ordinances does not allow sewer and water taps for any building, temporary or permanent, unless a building permit is issued, and by virtue of the building code of the CITY, no building permit may be issued without the real property upon which the building is to be located is platted; and WHEREAS, Section 5-2(10) of the Zoning Ordinance of CITY allows "tem- porary buildings, the uses of which are incidental to construction operations or sale of lots during development being conducted on the same or adjoining tract or subdivision"; and WHEREAS, it is the desire of PENDARIS to get the permission and consent of the CITY to place a temporary, movable, 1,900 square foot building to serve • page 2 • as an information center without first platting the real property upon which same sits, which plats will be rendered meaningless by the removal of such building, which is projected by PENDARIS to be done within eighteen (18) months from the effective date hereof. NOW THEREFORE, for and in consideration of TEN AND NO/I00 DOLLARS ($10.00) and the covenants and agreements herein contained, PENDARIS and CITY agree, contract and covenant as follows: CITY hereby consents to the location by PENDARIS of a 1,900 square foot movable, temporary building on presently unplatted acreage owned by PENDARIS, and will allow PENDARIS to connect CITY sewer and water taps thereto and use, for normal charges in the area, CITY sewer and water services. CITY will agree, upon the condi- tions set forth in Paragraph II hereof, to the terms of this'paragraph by tempo- rarily deferring the requirement of platting, of said property upon which the building is to be situated. IP' Within eighteen (18) months from the effective date hereof, PENDARIS will complete one (1) of the following actions: , (A) Plat, as required by the thencurrent Platting Ordinance of the CITY, the property upon which said building is located. (B) Remove said building from said property. IIP This agreement is specifically enforceable, and shall be binding upon, and inure to the benefit of, the parties hereto and their respective successors and assigns. Iv The effective date hereof shall be the day of APRIL, 1980. ATTEST: PENDARIS CORPORATION By Secretary William H. Holland, President ATTEST: CITY OF CORPUS CHRISTI By Bill Read, City Secretary R. Marvin Townsend, City Manager APPROVED: day of 1980: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney Corpus Christi, exas / 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, 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 T E CIT /OF CORPUS CHRISTI, TEXAS The Charter rule was suspendeby 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 passed by Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky the following vote: 15519