HomeMy WebLinkAbout15627 ORD - 07/09/1980AN ORDINANCE
AUTHORIZING EXECUTION OF PARK DEFERMENT AGREEMENT
WITH THE DEVELOPERS OF INDUSTRIAL TECHNOLOGY PARK
WHEREBY THE REQUIREMENT THAT CERTAIN LAND BE DEDI-
CATED 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 DESIG-
NATION 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"; AND DE-
CLARING 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 Industrial Technology 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 dedication
prior to the issuance of a building or occupancy permit for the lot, a substan-
tial copy of which agreement is attached hereto and made a part hereof, marked
Exhibit "A".
SECTION 2. The necesisty 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 supension 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
zoole
its passage, IT IS ACCORDINGLY SO ORDAINED, this the 9„Ltday of 3► 1980.
ATTEST:
Ci Secretary
APPROVED: DAY OF JUNE, 1980:
J. BRUC AYCOCK, CITY ATTORNEY
By 15C27
Assi_s_ant City Att ey
AP
AO
911�
CITY OF CORPUS CHRISTI, TEXAS
VG2gyicR�A
980
THE STATE OF TEXAS 1
COUNTY OF
PARK DEFERMENT AGREEMENT
For the purpose of compliance with the provisions of the Platting Ordinance
of the City of Corpus Christi,John H. Garner, President of Corpus Christi Industrial Park
developer of a subdivision within the jurisdiction of the City of Corpus'Christi,
known as Industrial Technology Park
and the City of Corpus Christi, acting by and through the authority of the City
Council, and in consideration of the following mutual promises, do hereby agree and
covenant as follows:
The City shall, upon the Developer's compliance with all relevant ordinance
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 nr 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 Five Thousand Five Hundred ($5,500.00) 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 occupancy
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.
Page'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
1980.
ATTEST:
Secretary
ATTEST:
DEVELOPER
day of
By
John H. Garner, President
Corpus Christi Industrial Park
CITY OF CORPUS CHRISTI
By
City Secretary R. Marvin Townsend, City Manager
APPROVED:
/234 day ofN,e , 1980
J. BRUCE AYCOCK, CITY ATTORNEY
By
THE STATE OF TEXAS 1
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 municipal
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 f
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
COUNTY OF NUECES f
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 Aareement)
Corpus Christi, Texas
670° -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,
The Charter rule was suspended
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
E CI OF CORPUS CHRISTI, TEXAS
by the following
passed
by the
vote:
following vote:
15 327