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Home My WebLink About16284 ORD - 06/03/1981AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE DEVELOPERS OF BRECKENRIDGE SUBDIVISION, UNITS 1 AND 2, IN ACCORDANCE WITH THE PROVISIONS OF THE PLATTING ORDINANCE FOR FUTURE PARK DEDICATION, A SUBSTANTIAL COPY OF WHICH AGREEMENT IS ATTACHED HERE- TO 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 Breckenridge Subdivision, E. H. Moore Homes, Inc., and J -R Builders, Inc., for future park dedication out of a future unit in Breckenridge Subdivision, Units 1 and 2, 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 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 or Council members, 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 340( day of June, 1981. ATTEST: eety Secretary APPROVED J DAY OF JUNE, 1981 J. BRUCE AYCOCK, CITY ATTORNEY MAY 16284 THE CITY OF CORPUS CHRISTI, TEXAS MICROFILMED SEP 271984 THE STATE OF TEXAS 4 COUNTY OF NUECES 4 CONTRACT KNOW ALL MEN BY THESE PRESENTS This Agreement entered into on the date of its execution as set -and J -R Builders, Inc., forth hereinbelow, by and between E :H.-Moor-e_Hor,es. Inc../ 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 BRECKENRIDGE (100 acres) ; 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 BRECKENRIDGE UNITS 1 & 2 ; 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 Breckenridge Units 1 & 2 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 , 1981. ATTEST: City Secretary E. H. MOORE HOMES, INC. By `- 2f ,�. II s Edgar H. M%ore, President d/b/a Breckenridge THE STATE OF TEXAS COUNTY OF NUECES 0 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•ny hand and seal of office this the _ day of CITY OF CORPUS CHRISTI R. Marvin Townsend, City Manager J -R BUILDERS, INC.. es R. Ewing, Presiden APPROVED: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney APPROVED: (Dept. Head) 1980. Notary Public in and for Nueces County, Texas STATE OF TEXAS COUNTY OF NUECES BEFORE ME, the undersigned authority, on this day personally appeared Edgar H. Moore, known to me to be the person and officer whose name is sub- scribed to the foregoing instrument and acknowledged to me that the same was the act of the said E. H. Moore Homes, Inc., a corporation, and that he executed the same as the act of such corporation for the purposes and consideration there- in expressed and in the capacity therein stated. GIVEN UNDER my hand and seal of office this the ZO day of N%ovY 1981 . STATE OF TEXAS COUNTY OF NUECES • �� k �Publiczin and ► j'? . Notary ubZic in afor Nueces County, Texas BEFORE ME, the undersigned authority, on this day personally appeared James R. Ewing, known to me to be the person and officer whose name is sub- scribed to the foregoing instrument and acknowledged to me that the same was the act of the said J -R Builders, Inc., a corporation, -and that he executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER my hand and seal of office on this the 20 day of MAV , 19$1 . 3 Notary'Public in and for Nueces County, Texas Corpus Christi, Te ;;s 34,day of 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, but that such ordinance or resolution shall be read at three meetings of the City Council; I/we, 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, Council Members Respectfully, MAYOR The City of Corpus. Christi, Texas The Charter rule was suspended by _he following vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky The above ordinance was passed Luther Jones Betty N. Turner Jack K. Dunphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky 16284