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Home My WebLink About16384 ORD - 07/15/1981jkh:7-15-81;lst AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO PARK DEFERMENT AGREEMENT, SAID AGREEMENT HAVING BEEN EXECUTED BY THE CITY OF CORPUS CHRISTI AND JOHN H. GARNER, PRESIDENT OF CORPUS CHRISTI INDUSTRIAL PARK, AS DEVELOPER OF THAT CERTAIN SUBDIVISION REFERRED TO AS "INDUSTRIAL TECH- NOLOGY PARK," DATED JULY 14, 1980, AND AUTHORIZED BY ORDINANCE NO. 15627, A SUBSTANTIAL COPY OF THE AMENDMENT TO PARK DEFERMENT AGREEMENT BEING ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. WHEREAS, by authority of Ordinance No. 15627, passed and approved by the City Council on July 9, 1980, the City Manager executed an agreement entitled "Park Deferment Agreement" with John H. Garner, President of Corpus Christi Industrial Park, developer of a subdivision within the jurisdiction of the City of Corpus Christi known as Industrial Technology Park concerning waiving of requirement that certain land be dedicated for park purposes so long as each lot or portion thereof in the subdivision is utilized for purposes requiring an "I-2" Light Industrial or "I-3" Heavy Industrial zoning district designation; and WHEREAS, the Developer has requested amendment of the aforesaid agreement and the City Council is amenable to the request: NOW, THEREFORE, 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 Amendment to Park Deferment Agreement with John H. Garner, President of Corpus Christi Industrial Park, as developer of a subdivision referred to as Industrial Technology Park, modifying the agreement previously authorized by Ordinance No. 15627, and executed by the City and the aforesaid developer under date of July 14, 1980, as more fully set forth in the Amendment to Park Deferment Agreement, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A". SECTION 2. The necessity to amend the Park Deferment Agreement as aforesaid at the earliest practicable date creates a 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 ordi- nance or resolution shall be read at three several meetings of the City Council, and the Mayor or Council members, having declared that such necessity AVIS mg) 16384 SEP 2 71984 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 and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the 15th day of July, 1981. ATTEST: Ac.retafyga .142 MAYOR THE CIT OF CORPUS CHRISTI, TEXAS APPROVED: _A:::DAY OF JULY, 1981: J. BRUCE AYCOCK, CITY ATTORNEY By �, Assistant CII orney AMENDMENT TO PARK DEFERMENT AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES 0 Corpus Christi Industrial Park, a non-profit corporation under the laws of the State of Texas, and the City of Corpus Christi hereby agree that that certain Park Deferment. Agreement dated July 14, 1980, between John H. Garner, President of Corpus Christi Industrial Park, as developer of a subdivision within the jurisdiction of the City of Corpus Christi therein referred to as "Industrial Technology Park", and the City of Corpus Christi, is hereby amended so that the paragraph of said Park Deferment Agreement which originally read as follows: - 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 bs satisfied by the owner of such lot so used or developed paying the sum of Five Thousand Five Hundred ($5,500.00) Dollars per acre for all_land within the non -industrial development plus six percent per annum interest on such sum calculated from the date of this agreement. The total sum shall be paid to the Park -Development Fund at or before -the time that building and/or occupancy permit fees forsuch lot or lots are paid. is hereby modified and amended by adding the words underlined - below, so that said paragraph shall for all purposes hereafter read as follows: 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 lot so used or developed paying the sum of Five Thousand Five Hundred ($5,500.00) Dollars per acre for five percent (5%) of the area of all land within the non -industrial development plus six percent per annum interest on such sum calculated from the date of this agreement. 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. Cx 4 As so modified and amended, said Park Deferment Agreement is and shall remain in force and effect in accordance with all terms and provisions thereof. EXECUTED this day of , 1981. CORPUS CHRISTI INDUSTRIAL PARK • By John H. Garner, President ATTEST: CITY OF CORPUS CHRISTI By City Secretary R. Marvin Townsend, City Manager APPROVED: APPROVED: day of , 1981 J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney THE STATE OF TEXAS COUNTY OF NUECES Assistant City Manager BEFORE ME, the undersigned authority on this day personally appeared John H. Garner, President of Corpus Christi Industrial Park, a corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowl- edged to me that he executed the same as the act and deed of Corpus Christi Industrial Park for the purposes and considera- tion therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 1981. Notary Public, State of Texas My Commission Expires: -2- THE STATE OF TEXAS 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 , 1981. .D816 Notary Public, State of Texas My Commission Expires: -3- Corpus Christi, Tex /5- 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 The Charter rule was suspended 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 167384 Respectfully, MAYOR Th- City o Corpus Christi, Texas by the or following vote: