The URL can be used to link to this page

Home My WebLink About15795 ORD - 09/24/1980,mow :09-23-80;1st .i AN ORDINANCE * 4 . AUTHORIZING THE CITY MANAGER TO EXECUTE A PARK DEFERMENT CONTRACT WITH THE DEVELOPERS OF WHELAN TRACT UNIT 3, HELDENFELS PROPERTIES„INC., WHEREBY THE REQUIREMENT THAT CERTAIN LAND BE DEDICATED FOR PARK PURPOSES IS WAIVED SO • LONG AS EACH LOT IN THE SUBDIVISION IS UTILIZED FOR PUR- POSES 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 ISSU- ANCE 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,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 Whelan Tract Unit 3, Heldenfels Properties, Inc., whereby the requirement that certain land be dedicated for park pur- poses is waived so long as each lot in the subdivision is utilized for,;pur,- poses requiring an "I-2" or "I-3" zoning district designation with the stipu- lation 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 agree- ment 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, 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 ?4' day of/September, 1980. ATTEST: ,' 1i 9 -City-Secretary- MAYOR Pro -Tem THE CITY OF CORPUS CHRISTI, TEXAS MJC !�/QFILMED 0,4 4 APPROVED: Z- 3 DAY OF SEPTEMBER, 1980: J. BRUCY000K, CITY ATTORNEY By f'-e2t/ Assistant'City/J j ney 1579 SEP 2 71984 THE STATE OF TEXAS COUNTY OF NUECES PARK DEFERMENT CONTRACT For the purpose of compliance with the provisions of the Platting Ordinance of the City of Corpus Christi, HELDENFELS PROPERTIES, INC. developer of a subdivision within the jurisdiction of the City of Corpus Christi, known as WHELAN TRACT UNIT 3 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 or portion of a lot within the above described subdivision ever be used or developed for uses other than those purposes requiring an "1-2", 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 6y paying -the sum of $ 7,500.00 Dollars per acre for 5 % o2i. 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 Contract) g- - This agreement shall be binding upon the parties hereto, their successors and assigns and shall constitute a covenant running with the land. A !Lf day of S ca 6 The effective date hereof shall be City Secretary - APPROVED: day of 1980 J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney NELDENFELS PROPERTIES. INC. DEVELOPER By CITY OF CORPUS CHRISTI By R. Marvin Townsend, City Manager THE STATE OF TEXAS d _-_ _ COUNTY OF NUECES 1 ' BEFORE ME, the undersigned.autherity 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 Contract) THF„STATE OF TEXAS COUNTY OF NUECES 1 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 1 COUNTY OF NUECES BEFORE ME, the undersigned authority on this day personally appeared H. C. HELDENFELS , PRESIDENT of HELDENFELS. PROPERTIES,INC. , 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 HELDENFELS PROPERTIES-, INC. for the purposes and consideration therein expressed and in the capacity therein stated - GIVEN under my hand and seal of office this J' day.of September 1980. Noty Pubic in and for Nueces County, Texas . Page Three of Three Pages (Park Deferment Contract) Corpus Christi, T xas p Alt day of� � , 19f 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, MAYORpm-Tem / THE CITY OF CORPUS CHRISTI, TEXAS 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 �.r The above ordinance was passed by theemfollowing vote: Luther Jones ��GQ.G�r.G Edward L. Sample,' Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky 157.96