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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 -1.5796