HomeMy WebLinkAbout15796 ORD - 09/24/1980jkh:9-24-80;lst
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH THE DEVELOPERS OF WILLOWOOD SUBDIVISION, NUECES
DEVELOPMENT COMPANY, IN ACCORDANCE WITH THE PROVISIONS
OF THE PLATTING ORDINANCE FOR FUTURE PARK DEDICATION,
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 enter into
an agreement with the developers of Willowood Subdivision, Nueces Develop-
ment Company, for future park dedication out of a future unit in Willowood
Subdivision, in accordance with the provisions of the Platting Ordinance,
a substantial copy of which agreement is attached hereto and made a part
hereof, marked Exhibit "A".
SECTION 2. The necessity to authorize execution of the aforesaid
agreement 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 251 day of
September, 1980.
ATTEST:
��� ,27 2
City Secretary
APPROVED:
24th DAY OF SEPTEMBER, 1980:
J. BRUCE AYCOCK, CITY ATTORNEY
MAYOR Pro•Tem
THE CITY OF CORPUS' CHRISTI, TEXAS
15796
ALCRORmED
SEP 271984
THE STATE OF TEXAS 0
COUNTY OF NUECES
CONTRACT
KNOW ALL MEN BY THESE PRESENTS
This Agreement entered into on the date of its execution as set
forth hereinbelow, by and between Nueces Development Company acting herein
by and through its"duly authorized officer, hereinafter called, "Developer",
and the City of Corpus Christi, Texas acting herein and through its duly
authorized City Manager, hereinafter called "City":
WITNESSETH:
WHEREAS, Developer is the owner or option holder and developer of a
subdivision in the City of Corpus Christi, Nueces County, Texas, known•as
-Willowood (75.789 Ac.) ; and
WHEREAS, Developer desires to secure approval of a map of a unit or
section of its subdivision out of the foregoing described property, said section"
or unit to be known as Willowood Unit II (3.908 Ac.)
and 7
WHEREAS, the City of Corpus Christi has the requirement\that certain
land be dedicated, for park purposes in connection with the subdivision of lands,
such requirement being authorized by the City Platting Ordinance; and
WHEREAS, it is impractical at this time for the Developer to fulfill
the park dedication requirements of the City Platting Ordinance with regard to
the foregoing subdivision until such requirements are more fully determined
and appropriate, and it is the purpose of this agreement to postpone the park
dedication for the map of the unit for which Developer seeks approval at this time.
NOW, THEREFORE, be it mutually agreed that for and in consideration
of the approval by the City Planning Commission of the plat of Willowood II
in the exercise of the City's platting and subdivision control responsibility,
the parties hereto agree as follows:
1. That the Developer will comply with the Platting Ordinance of
the City of Corpus Christi regarding public park dedication by dedicating out of
a future section or unit of his over-all subdivision five percent (5%) of the
gross acreage of the land embraced•in the preliminary plat on file in the office •
of the Planning Department of the City of Corpus Christi.
2.. This Agreement shall be binding upon the parties hereto, their
successors and assigns, and shall constitute a.covenant running with the land.
EXECUTED this • day of , 1980.
ATTEST: CITY OF CORPUS CHRISTI
City Secretary
By
. R.•Marvin Townsend, City Manager
THE STATE OF TEXAS I •
COUNTY OF.NUECES §
BEFORE ME, the undersigned authority, on this day personally appeared
R. Marvin Townsend, City Manger of the City of Corpus Christi, Texas, known to
me to he the person and official whose name is subscribed to the •foreoing •
instrument and acknowledgedto me that the same was the act of the said City
and that he executed the same as the.act of such City for the purposes and
consideration therein expressed, and in the capacity therein stated.
GIVEN under my hand and seal of office this the _ day of
•
1980.
•Notary Public in and for Nueces County, Texas
2
THE STATE OF TEXAS II
COUNTY OF NUECES 1
BEFORE ASE, the undersigned authority, on this day personally appeared
Robert D. Thorpe 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 the xday of
1980.
Rces
Notary Public in a d �tor I uces County, Texas
MARGARET AGAN
Notary Public. Nueces County, Texas
My Commission Expires 12.21.81
Corpus Christi, Te as
Z�day of , 19gd
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 pro -Tem \� f
THE CITY OF CORPUS C R•ISTI, TEXAS
The Charter rule was suspended by the f9llowing'vote:
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
The above ordinance was passe. by the following vote:
Luther Jones _/ ,_
Edward L. Sample,_
/,
Dr. Jack Best / ,_,
David Diaz 401.„_ _
Jack K. Dumphy
Betty N. Turner 401
Cliff Zarsky
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