HomeMy WebLinkAbout15874 ORD - 11/12/1980-41
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH-
WBC HOLDING, INC., WHEREBY THE CITY WILL ACQUIRE THE OUT-
FALL DRAINAGE RIGHT-OF-WAY NEEDED IN CONNECTION WITH THE
AMENDMENT TO THE DRAINAGE MASTER PLAN AS APPROVED BY
ORDINANCE 15836, 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 and he is hereby authorized to
execute an agreement with WBC Holdings, Inc., whereby the City will acquire
the outfall drainage right-of-way needed in connection with the amendment to
the Drainage Master Plan as approved by Ordinance 15836, 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 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 ordi-
nance 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
/1- day of November, 1980.
ATTEST:
City Secretary
APPROVED:
1/ DAY OF NOVEMBER, 1980:
J. BRUCE AYCOCK, CITY ATTORNEY
By
Assistant Cid torney
MAY
THE C TY OF CORPUS CHRISTI, TEXAS
15874
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AGREEMENT
THE STATE OF TEXAS X
COUNTY OF PIECES X
This Agreement is authorized by Ordinance No.
and is entered into between the City of Corpus Christi, Texas and WBC HOLDINGS,
INC., hereinafter called "Developer", and pertains to acquisition of an off-site
drainage right-of-way in connection with the development of lands shown on the
attached EXHIBIT 'A' and located immediately west of Saratoga Boulevard and north
and south of Airline Road.
WHEREAS: the developer has made application to amend the Master
Storm Drainage Plan of the City pursuant to development and;
WHEREAS: said request has been approved by the Planning Commission
on September 30, 1980 and;
WHEREAS: the City Council has reviewed and approved such request on
October 15, 1980, and;
WHEREAS: the Developer has agreed to secure all off-site drainage
right-of-way necessary to said development and;
WHEREAS: Developer is requesting that the City, per Platting Ordinance
obligations, secure all off-site drainage right-of-way at his expense.
NOW, THEREFORE, the City and the Developer agree as follows:
1. The Developer will construct all improvements required by the
City of Corpus Christi Platting Ordinance, including off-site drainage.
2. The City agrees to acquire the off-site drainage right-of-way
per the herein referenced Master Plan Revision for Storm Drainage at the general
location shown on EXHIBIT 'A'.
3. The Developer agrees to reimburse the City the total cost of
acquisition for such right-of-way including appraisal and legal fees. Acquisition
shall be either by negotiation or condemnation if necessary, and Developer agrees
that reimbursement for acquisition will include the court awards, as well as
court costs.
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4. This Agreement shall become effective and shall be binding upon
and shall inure to the benefit of the parties hereto and their respective
heirs, successors and assigns.
ATTEST:
WITNESS this day of , 1980.
WBC HOLDINGS, INC.
By
Secretary
James F. Boudreau
ATTEST: CITY OF CORPUS CHRISTI
By
City Secretary R. Marvin Townsend, City Manager
APPROVED:
DAY OF NOVEMBER, 1980:
J. BRUCE AYCOCK, CITY ATTORNEY APPROVED:
By
Assistant City Attorney
-2-
(Department Head)
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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,
MAYO '�CI
HE T' 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
The above ordinance was pass: by the following vote:
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
15874