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HomeMy WebLinkAbout15635 ORD - 07/16/1980• jkh:7-9-80;1st AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND THE CORPUS CHRISTI INDUSTRIAL PARK FOR THE DEVELOPMENT OF AN INDUSTRIAL TECHNOLOGY PARK WHICH WILL PROVIDE FOR THE CONSTRUCTION OF PUBLIC IMPROVEMENTS AND INDUSTRIAL FACILITIES WHICH WILL BRING JOBS NEW TO THE COMMUNITY, 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 a con- tract between the City of Corpus Christi and the Corpus Christi Industrial Park for the development of an industrial technology park, the first phase of which shall consist of 72.8 acres, which industrial technology park will provide jobs new to the community, the said contract to provide for construction of public improvements and industrial facilities, 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". SECTION 2. The necessity to authorize execution of the aforesaid contract 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 Charter,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 /(p qday of July, 1980. ATTEST: APPROVED: 9th DAY OF JULY, 1980: J. BRUCE COCK CITY ATTORNEY By Assistant City ney MAY HE CIT 70F CORPUS CHRISTI, TEXAS 15635 gallAD 402d 66 AGREEMENT The CITY OF CORPUS CHRISTI, TEXAS, (the "City"), acting by and through its duly authorized City Manager; and the CORPUS CHRISTI INDUSTRIAL PARK, (the "Park"), a non-profit corporation duly incorporated under the laws of the State of Texas; for the purpose of developing an industrial park designed to attract new industrial facilities and new employment opportunities to Corpus Christi, hereby contract and agree as follows: 1. Park, the owner of the surface of the property described on the at- tached Exhibit A, (hereinafter "Phase I"), will plat Phase I as an industrial subdivision in a manner acceptable to City and will file for record restrictions in substantially the form attached as Exhibit B. Changes may be made in such restrictions prior to the time they are executed and filed for record with the approval of City and Park. 2. Park will use its best efforts to contract, under terms presently proposed, for the sale of 22.03 acres of such land to Harris Corporation or its affiliate, Dracon Corporation ("Harris/Dracon"), on or about July 16, 1980, or as soon thereafter as possible. 3. Park will use its best efforts to sell the remainder of Phase I to other purchasers who will provide reasonable assurance that they will construct industrial facilities meeting the requirements of such restrictions and will pro- vide jobs which will be new to the community and commensurate with the public in- vestment in the lots being sold. 4. Park will pay to City the sum of $150,000 for the purpose of defraying the costs of sanitary sewers for Phase I, together with defraying a portion of the remainder of the improvement costs incurred by City in connection therewith. Said sum shall be payble to the City on demand as required for such costs as they are incurred. 5. City will install gas lines and provide service to occupants of Phase I as needed, at a reasonable cost to the occupant based upon the published City fee schedule for taps. 6. City will contract for the construction of water mains, sanitary sewers, streets, and storm drainage for the property in Phase I as set forth in the plans and specifications approved by the Council of City on May 14, 1980. Park grants all rights to City and its contractors to use the property during the period of construction, in no event to be earlier than August 1, 1980, in any manner which is reasonably necessary for the furtherance of said construction. 7. Upon the sale by Park of any lot in Phase I, Park will pay to City $6,457.29 per acre, plus interest at the rate of 10% per year from the date of completion of the improvements. Said amount shall be due and payable on the date of sale by Park; provided, however, that such payment by Park shall not be re- quired if: (a) The Corpus Christi Industrial Commission determines in writing that jobs will be created on the property being sold which will be new to the community and commensurate with the public investment in the lots being sold; (b) The Corpus Christi Industrial Commission approves the plan, specs- ficiations and timetable for the construction of facilities which pro- vide such jobs, provided that the Corpus Christi Industrial Commission may approve amendments to plans and specifications and allow .reasonable extensions of time upon the request of the purchaser or Park; and (c) The first phase of construction is completed according to the plan, specifications and timetable as finally approved by the Corpus Christi Industrial Commission. In the alternative, such payment by Park shall not be required if the Corpus Christi Industrial Commission determines in writing that Park has retained the right to re- purchase the property in the event the purchaser fails to construct facilities which will provide jobs new to the community and commensurate with the public in- vestment. If a sale is made with the right to repurchase retained by Park and the purchaser fails to construct facilities to provide such jobs, Park agrees to exer- cise its right to repurchase the property or pay to City $6,457.29 per acre plus interest as set forth above. 8. Park will properly maintain the street right of way area adjacent to any unsold lots in Phase I. Such duties shall include mowing the grassy areas be- tween the street and sidewalks in the right of way, keeping the area clear of debris and obstructions, and maintaining the area with due regard to preserving the value of the City improvements. Park will insure that any agricultural acti- vities allowed on unsold lots in Phase I shall not result in damages to the streets, sidewalks, storm drainage or other improvements made by City. 9. Park will use its best efforts to obtain the guarantee of the Corpus Christi Industrial Foundation for the performance of Park in all the duties, obli- gations and covenants ascribed to Park under this agreement. In the event Park 2 • • shall convey to the Corpus Christi Industrial Foundation any or all of the lots in Phase I when no industrial purchaser of the lots has been obtained, the payment by Park of the $6,457.29 per acre charge described in paragraph 7 shall not be required; provided that, the Corpus Christi Industrial Foundation will agree to hold the property subject to the same duties and obligations required of Park under this agreement. 10. City and Park intend to develop adjacent property in any subsequent phases of this project under similar terms to this agreement, as the demand there- for arises, and with City completing the necessary improvements on a timetable commensurate with the demand for development. Park's share of the cost of improve- ments for any subsequent phase of development, in the absence of any agreement otherwise, will be the sum of $175,000; and Park will be obligated to pay an addi- tional charge under provisions similar to paragraph 7 of this agreement based upon the remaining cost of improvements to be prorated according to the acres platted for sale as lots to industrial purchasers. EXECUTED in duplicate originals this day of July, 1980. CORPUS CHRISTI INDUSTRIAL PARK By John Garner, President ATTEST: CITY OF CORPUS CHRISTI, TEXAS By City Secretary R. Marvin Townsend, City Manager APPROVED: DAY OF JULY, 1980: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney 1 Corpus Christi, Texas /490—day of g 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 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 passed by the following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz 61/1 Jack K. Dumphy Betty N. Turner Cliff Zarsky 15€ 35