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Home My WebLink About16617 ORD - 10/21/1981sp;10/19/81;lst , AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH MAIN PLAZA CORPORATION RELATIVE TO OPEN DRAINAGE DITCH CONSTRUCTION ALONG THE REAR OF LOTS 19 THROUGH 35, LEXINGTON PLAZA SUBDIVISION, PROVIDING FOR DEVEL- OPER'S CONSTRUCTION AND MAINTENANCE OF SAID OPEN DITCH, AND PROVIDING FOR CITY'S ISSUANCE OF CERTIFI- CATE OF OCCUPANCY, ALL AS MORE FULLY SET FORTH IN SAID AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACH- ED 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 and he is hereby authorized to execute an agreement with Main Plaza Corporation relative to open drain- age ditch construction along the rear of Lots 19 through 35, Lexington Plaza Subdivision, providing for the developer's construction and maintenance of said open ditch, and providing for the City's issuance of certificate of occupancy, all as more fully set forth in said agreement, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit A. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need for efficient administration of City affairs and the execution of the aforesaid agreement in order that the said corporation may be permitted to occupy the premises, such finding of an emergency is made and declared requiring sus- pension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure this the '24I� day of October, 1981. ATTEST: A D AY OF OCTOBER, 1981 JV Bruck, C/fty Attorney MAYO THE CITY OF CORPUS CHRISTI, TEXAS 16617 MICROFILMED SEP 271984 THE STATE OF TEXAS COUNTY OF NUECES CONTRACT KNOW ALL IGEN BY THESE PRESENTS: This contract and agreement providing for temporary storm drainage is executed by and between the City of Corpus Christi, hereinafter referred to as "City", and Main Plaza Corporation, hereinafter referred to as "Developer"; WITNESSETH: Whereas, Developer is owner of Lots 2 through 18, Block D, Replat of Lexington Plaza Subdivision, as shown by map or plat thereof as recorded in Volume 26, page 25, Map Records, Nueces County, Texas; and Lot 42, Block D, Lexington Plaza Subdivision, as shown by map or plat of Lot 2, Block E, Lots 36 through 42, Block D, of Lexington Plaza Subdivision, as recorded in Volume 41, page 25, Map Records, Nueces County, Texas; and Whereas, Developer has constructed, at his own expense, a temporary open drainage ditch within a Lots19 through 35, Lexington to an existing 30 -inch storm dedicated drainage easement along the rear of Plaza Subdivision connecting developer's tract sewer main in Wilkinson Drive; and Whereas, Developer is desirous of utilizing said drainage ditch as a temporary means of providing the required storm sewer drainage from his property until such time as an underground storm sewer line becomes available at the property line of Developer's tract; and Whereas, City is agreeable to use of said open ditch connection by Developer as herein provided on a temporary basis only in lieu of compliance with requirements of City platting ordinance by the owner or owners of Lots 19 through 35, Block D, Lexington Plaza Subdivision. A construction plan of said required underground storm sewer line, marked"Exhibit A", is attached hereto and made a part hereof. Now, therefore, for and in consideration of the premises and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: �-kia."fi. (1) City agrees to permit Developer to utilize said temporary drainage ditch at the rear of Lots 19-35, Block D, Lexington Plaza provided Developer maintains said ditch through these limits. (2) Ditch is to be constructed using minimum two to one side slopes and seeded for vegetative cover. (3) Developer's obligation to maintain said ditch will run until such time as Lots 19-35 are developed and permanent underground storm sewer installed by owner of Lots 19-35 in accordance with the plat filed for record of Lexington Plaza in Volume 26, page 25 of the Map Records of Nueces County, Texas. (4) That City agrees to issue the appropriate Certificate of Occupancy to Developer for use of his property in Lexington Plaza Subdivision,as described hereinabove, upon the effective date of this contract. (5) This agreement shall be binding upon the parties hereto, their heirs, successors, assigns and legal representatives and shall constitute a covenant running with the land of Developer as described herein. WITNESS our hands this day of , 1981. DEVELOPER ATTEST: MAIN PLAZA CORPORATION By Jim L. Parker Walter M. Stoops, Managing Partner Partner ATTEST: CITY OF CORPUS CHRISTI By City Secretary Acting City Manager APPROVED: DAY OF OCTOBER, 1981: APPROVED: J. BRUCE AYCOCK, CITY ATTORNEY James K. Lontos By Assistant City Manager Assistant City Attorney THE STATE OF TEXAS G COUNTY OF NUECES Before me, the undersigned authority, on this day personally ap- peared WALTER M. STOOPS, Managing Partner of Main Plaza Corporation, a Texas corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of said corporation and that he executed the same as the act of such corpora- tion 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 October, 1981. Notary Public in and for Nueces County, Texas THE STATE OF TEXAS I COUNTY OF NUECES II Before me, the undersigned authority, on this day personally appeared ERNEST M. BRIONES, Acting 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 acknowl- edged to me that he executed the same as the act and deed of said 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 the day of October, 1981. Notary Public in and for Nueces County, Texas A tied.:, -0 i Pt nNny Pse. 11 ti P.n. ./y si nd rd sown/.), OUT - ;1(�wrod., • -f .40,7•••II, ♦:Iv dGaN -',....eds%r / de ^7 APPRC ?.z. . • CORPUS (;HRI 44. to•..J51 Cc..! 44'.• t3.4.ch t .e.t / .J t/a • • ..'. F4_ "5• Sava ehe+•/ 4 { s crosaa.3 i fe.•/• ayY. of u. -Ya. J - Z. f7/.110 PLAZA atepoa- Cmc/s77, 77e5.o4 DRA/NAGE .4NDI-11//NG PLA +I Corpus Christi, Texas ai day of , 1981 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance or resolution, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings; I/we, therefore, request that you suspend said Charter rule and pass this ordinance or resolution finally on the date it is, introduced, or at the present meeting of the City Council. Respectfully, Respectfully, MAYOR THE CITY OF CORPUS CHRISTI, TEXAS Council Members The above ordinance was passed by the fol Luther Jones ir Betty N. Turner 1 ' __ _ Jack K. Dumphy 40F___, Bob Gulley Or_ . Herbert L. Hawkins, Jr. d Dr. Charles W. 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