HomeMy WebLinkAbout15902 ORD - 11/26/1980vp:11/24/80:1st
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE A PARK DEFERMENT
CONTRACT WITH SOUTHVIEW CORPORATION ON RUSSELL INDUSTRIAL
DISTRICT, BLOCK 8, LOTS 68 AND 69, WHEREBY THE REQUIREMENT
THAT CERTAIN LAND BE DEDICATED FOR PARK PURPOSES IS WAIVED
SO LONG AS EACH LOT IN THE SUBDIVISION IS UTILIZED FOR
PURPOSES 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 ISSUANCE
OF A BUILDING OR OCCUPANCY PERMIT FOR THE LOTS, A SUBSTAN-
TIAL COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE
A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMER-
GENCY.
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 Southview Corporation on Russell Industrial District, Block
8, Lots 68 and 69, whereby the requirement that certain land be dedicated
for park purposes is waived so long as each lot in the subdivision is util-
ized for purposes requiring an "I-2" or "I-3" zoning district designation
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 issuance of a building or occupancy permit for the lots, 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 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 sus-
pension 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
day of November, 1980.
ATTEST:
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/• s,
--Gi-ty "Secretar i MAY
APPROVED: 7DAY OF NOVEMBER, 1980:
J. BRUCE AYCOCK, CITY ATTORNEY
By
Assistant ttorney
THE CITY OF CORPUS CHRISTI, TEXAS
micauMED
15902 {SSP 27 1984
THE STATE OF TEXAS 1
COUNTY OF NUECES
INDUSTRIAL SUBDIVISION
PARK DEFERMENT CONTRACT
For the purpose of compliance with the provisions of the Platting Ordinance
of the City of Corpus Christi, Southview Corporation
developer of a subdivision within the jurisdiction of the City of Corpus Christi,
known as Russell Industrial ristrict, Block 8, Lots 68 and 69
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 "I-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 lotor lots so used or developed;
;,y paying a sum of money equivalent to the raw iand.value of 5% of the.area-of such lot
or lots within the non -industrial development plus six percent per annum interest on
such sum calculated from the date of this agreement. For purposes of this contract
it is hereby agreed that the per acre value of the land described herein is 18.000.00
dollars. 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 convening 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)
•J
This agreement shall be binding upon the parties hereto, their successors
and assigns and shall constitute a covenant running with the land.
The effective date hereof shall be day of
1980.
ATTEST:
ATTEST:
City Secretary
APPROVED:
day of , 1980
J. BRUCE AYCOCK, CITY ATTORNEY
By
Assistant City Attorney
DEVELOP'
BOUT
R/
IE CORP RA 0
CITY OF CORPUS CHRISTI
By
R. Marvin Townsend, City Manager
THE STATE OF TEXAS 1
COUNTY OF NUECES
BEFORE ME, the undersigned authority 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 cf Three Pages
(Park Deferment Contract)
THE''STATE OF TEXAS
COUNTY OF NUECES
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 §
COUNTY OF NUECES
BEFORE ME; the undersigned authority on this day personally appeared
George Gaines
President of Southview Corporation
, 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 Southview Corporation for the purposes -
and consideration therein expressed and in the capacity therein stated.
1980.
GIVEN under my hand and seal of office this . day of Yletv.e.4.-,i_gt.,,V.
• :lI
Notary Publ
Page Three of Three Pages
(Park Deferment Contract)
.2 Y.)4
Corpus Christi exas
c24 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
THE CI OF CORPUS CHRISTI, TEXAS
The Charter rule was suspe� d by the following vote:
Luther Jones
Edward L. Sample lir
Dr. Jack Best 1
David Diaz dr
Jack K. Dumphy ,
Betty N. Turner /
Cliff Zarsky
The above ordinance was passed
Luther Jones
Edward L. Sample.
,Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
by
the following vote:
15902