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Home My WebLink About15782 ORD - 09/24/1980AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE SCREENING FENCE DEFER- MENT CONTRACTS WITH DEVELOPERS AND PROPERTY OWNERS CONCERNING SCREENING FENCE REGULATIONS, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, FORM, A COPY 'OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF; 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 and he is hereby authorized to execute screening fence deferment contracts with developers and owners of prop- erty in the City of Corpus Christi in accordance with terms of Section 27.3.01.06 of the City's Zoning Ordinance, all as more fully set forth in the form contract, a copy of which is attached hereto and made a part hereof, marked Exhibit "A". SECTION 2. The necessity to authorize execution of screening fence deferment contracts in order that development of certain properties may proceed without delay creates a public emergency and an imperative public necessity re- quiring 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 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 introduction and take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this they yzrZday of Septem 3 ber, 1980. ATTEST: City Secretary APPROVED: 2...). --DAY OF SEPTEMBER, 1980: J. BRUCE AYCOCK, CITY ATTORNEY By ssistant Ci ./ 17,rney MAYOR Pro•Tem / Th THE CITY OFICOR US CHRISTI, TEXAS 15782 �lQQELLiMED, SEP 2 71984 ' I STANDARD SCREENING FENCE DEFERMENT CONTRACT THE STATE OF TEXAS COUNTY OF NUECES WHEREAS, it is the desire of that the tract of land described herein shall be developed in accordance with the terms of the Zoning Ordinance of the Citiof Corpus Christi, but that full' 'compliance with the screening fence regulations of said ordinance be temporarily waived until adjoining vacant land be developed to residential uses; and WHEREAS, it is the desire of the City of Corpus Christi that be permitted to proceed with the development of such property and that certain screening fence requirements of said Zoning Ordinance be temporarily waived and that the City of Corpus Christi forego enforcement of the same until such time that the adjoining vacant land is developed with residential uses. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: This contract and agreement made and entered into in duplicate originals by and between hereinafter called "Owner/ Developer", of Nueces County, Texas, and the City of Corpus Christi; --a municipal corporation and body politic duly organized and existing under the laws of the State of Texas, and situated in Nueces County, Texas, hereinafter called "City", for and in consideration of the exchange of mutual covenants and conditions herein contained on the part of Owner/Developer and the City to be kept and performed, the parties hereto do hereby covenant and agree as follows: 1. As fee owner of Addition, Owner/Developer agrees to deposit with City, a sum of money equal to the cost of construction of a standard screening fence along the boundary line of all of the above described tract of land which is contiguous to any land zoned "F -R", "R -1A", "R -1B", "R-2", "A-1" or "A-2" Zoning District as of the date of this contract. The cost of said fence construction shall be determined by the Director of Engineering and Physical Development Services. Said deposit of money shall be held in trust by theCity's designated depository, with interest earned payable to Owner/Developer. The corpus of said trust is to be used for the construction of a standard screening fence, the construction of which shall com- mence when the City so directs and no later than upon the issuance of a residential tX/7-' _,,,building permit for the development of residential improvements or use upon, d. any ,land •adjacent to and adjoining the land described, herein. Such:fence r' --construction shall be completed, with the exception of any intervening act' of God, prior to the completion of the permitted residential construction on - adjacent land. 2. Upon certification by Owner/Developer to the City's Director of Engineering and Physical Development that such standard screening fence has been constructed in accordance with the specifications therefor and the terms of this contract, said cash deposit, together with accrued interest shall be refunded to Owner/Developer. In the event that Owner/Developer fails or re- fuses to construct such fence at the place and within the time as required herein, it is expressly agreed that City shall have the right to declare said cash deposit and interest forfeited. Upon such forfeiture, City may cause such screening fence to be constructed and apply the forfeited deposit to the cost of said fence. 3. Owner/Developer does'further covenant and agree with the City, its successors and assigns that Owner/Developer will never institute any suit or action at law or otherwise against the City nor institute, prosecute or in any way aid in the institution or prosecution of any claim, demand, action or cause of action for damages, costs, loss of service, expenses, or compensation for or on account of any damage, loss or injury either to person or property, or both whether developed or undeveloped, resulting or to result, known or unknown, which Owner/Developer ever had, now have or which its successors, assigns, or legal representatives hereafter can, shall or may have for, on or by reason of failure to construct aforesaid screening fence as hereinabove agreed. from the date of this covenant. 4. It is further agreed that all of the above conditions shall be binding upon the successors and assigns of the said Owner/Developer and each of them, and shall constitute covenants running with the land. WITNESS OUR HANDS this ATTEST: Secretary ATTEST: City Secretary APPROVED: DAY OF , 1980: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney day of , 1980. OWNER/DEVELOPER By By R. Marvin Townsend, City Manager THE STATE OF TEXAS 0 COUNTY OF NUECES 0 BEFORE ME, the undersigned authority, on this day personally appeared , known to me to be the person whose scribed to the foregoing instrument and acknowledged to me that same for the purposes and consideration therein expressed. GIVEN under my hand and seal of office this day of THE STATE OF TEXAS D COUNTY OF NUECES 0 BEFORE ME, the R. Marvin Townsend, City corporation, known to me the -foregoing instrument, act and deed of said City therein expressed and in GIVEN under my 1980. name is sub - executed the , 1980. Notary Public in and for Nueces County, Texas undersigned authority, on this day personally appeared Manager of the City of Corpus Christi, Texas, a municipal to be the person and officer whose name is subscribed to and acknowledged to me that he executed the same as the of Corpus Christi for the purposes and consideration the capacity therein stated. hand and seal of office this the day of Notary Public in and for Nueces County, [exas 3 (Standard Screening Fence Deferment Contract) Corpus Christi, Texas V.2,day of, 7i- , 19 :Pd 0 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, ��?:�Lt?,r/L .� �• fiver—v��f' MAYOR r111-lem THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following o 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. Sampler Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky WN-�rvrt 15782