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Home My WebLink About16372 ORD - 07/08/1981sp;7/7/81;lst` AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PARK DEFER- MENT CONTRACT WITH THE DEVELOPERS OF LOT 10, BLOCK 7, LANTANA INDUSTRIAL AREA, EQUIPMENT RENEWAL COMPANY, 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 DESIGNATION WITH THE STIPULA- TION 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 LOT, A SUBSTAN- TIAL 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 execute an agree- ment with the developers of Lot 10, Block 7, Lantana Industrial Area, Equipment Renewal Company, 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" of "I-3" zoning district designation with the stipu- lation 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 lot, a substantial copy of which agree- ment 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 an impera- tive 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 necessity exists, 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 andeffect from and after its passage, IT IS ACCORD- INGLY SO ORDAINED, this the j") day of July, 1981. ATTEST: (46f !moi`• I. Y Secretary MAY APPROVED: I DAY OF JULY, 1981 J. BRUCEAYCOCK, CITY ATTORNEY THE CITY OF CORPUS CHRISTI, TEXAS (SEP 271984 THE STATE OF TEXAS COUA;TY 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, Equipment Renewal Company developer of a subdivision within the jurisdiction of the City of Corpus Christi, known as Lot 10, Block 7 Lantana Industrial Area ' /i 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 toter 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$43,000.00 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 sura in compliance with this agreement. Developer further agrees and covenants that the restrictions and covenants expressed herein shall be included in any deed conveying 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) 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 30th day of June 1981. ATTEST: Secretary ATTEST: City Secretary APPROVED: day of , 1981 J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney DEVELOPER By CITY OF CORPUS CHRISTI By R . Marvin Townsend, City Manager APPROVED: e/, Azyrri Assistant City tanager THE STATE OF TEXAS COUNTY OF TEXAS 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 forthepurposes and consideration therein expressed and in the capacity therein stated . GIVEN under my hand and seal of office this day of 1981. Notary Public in and for Nueces County, Texas Page Two of 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 "—'i HE STATE OF TEXAS COUNTY OF NUNES HARRIS BEFORE ME, the undersigned authority on this day personally. appeared Bill Smith. , Vice—President of Equipment -Renewal Company , a corporation, known to me to be the person and officer whose. name is subscribed to the foregoing instrument and acknowledged tc. me that he executed the same as the act and deod of Equipment Renewal Company for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN under my hand and seal of office this 30th.day of June ---AMIXX 1981. Notar 'ub in and f. A,,2g{ g Xaunty, Texas —Harris Jody S, Young Page Three of Three Pages (Park Deferment Contract) Corpus Christi, Te 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. , 19%/ Respectfully, Respectfully, Council Members The Charter rule 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. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky MAYOR The City of Corpus Christi, Texas was suspended by the following vote: 16372 by the following vote: