Loading...
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 )fiCROFILMED • SEP 2 7 Ise4 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. rxAt 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) 1,./• 6.7 ;•1111* '�QQ 1.1 /0) f/.G. /39 F.L.9.64FFS/i?E p,�A� ; R/CHT 0 -:•At N•g fa- a•.9 1 N.O. //.9 FL. 6.9 IJ- Q./5 1 I J.c-e 1 HOL // /C, `°`t :.;�. ..r+^.' "`j•_ 1• �`• :•:e.wr-maa�m•... :.:. vr.:c tl'c rC^s� i\ • IIII IJ -C-2 1 • 1;111 &gm cr.alne/ N e7 N.G. id FC. 5.9 rap Skye/are / 7.7 XL. es NG. 7.0 f.L.�� N.G. /2.0 F.L. 9.4 1J -C.3 1 Corpus Christi ,,.Texas f day o 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