HomeMy WebLinkAbout16013 ORD - 02/04/1981C
1.1
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH THE DEVELOPERS OF BRANDYWINE 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 Brandywine Subdivision, Nueces Development
Company, for future park dedication •out of a future unit in Brandywine
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
February, 1981.
ATTEST:
Secretary
APPRJ?VED:
DAY OF FEBRUARY, 1981:
J. BRUCE AYCOCK, CITY ATTORNEY
day of
YO
T ITY OF CORPUS CHRISTI, TEXAS
kliCEUMMED
COQ SEP 2 71984
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 Co acti ng 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
Brandywine ; 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 unit I ; and
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 Brandywine Unit I
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.
fr'- •ray
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 16 day of January , 1984.
CITY OF CORPUS CHRISTI
ATTEST:
City Secretary
APPROVED:
DAY OF FEBRUARY, 1981:
.J. BRUCE AYCOCK, CITY ATTORNEY NUECES Dr OPMENT e _;
By By ♦ ,../Li —
Assistant City Attorney •
R. Marvin Townsend, City Manager
Dana A. Bennett
President
THE STATE OF TEXAS 1
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 be the person and official whose name is subscribed to the foreoing
instrument and acknowledged to 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
198).
Notary Public in and for Nueces County, Texas
2
THE STATE OF TEXAS
COUNTY OF NUECES
BEFORE ME, the undersigned authority, on this day personally appeared
Dana A. Bennett
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 16th day of January
1981.
(Doris Young)
Notary Public iti'.and foT)Nueces County, Texas
Corpus Christi, -xas
2/1 day
19p
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 suspended by the
Luther Jones •
Edward L. Sample
Dr. Jack Best
Jack K. Dumphy
Leopoldo Luna
Betty N. Turner
Cliff Zarsky
following
vote:
The above ordinance was passe' by the following vote:.
Luther Jones /,
Edward L. Sample /��
Dr. Jack Best I/"
Jack K. Dumphy
Leopoldo Luna
Betty N. Turner
Cliff Zarsky
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