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HomeMy WebLinkAbout16630 ORD - 10/28/1981flt;1o/26181;lst AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH LEE ROY COLE CONCERNING SIDEWALK CONSTRUCTION IN COLES INDUSTRIAL SUBDIVISION, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A SUBSTANTIAL COPY OF WHICH 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 and he is hereby authorized to execute an agreement with Lee Roy Cole concerning sidewalk construction in Coles Industrial Subdivision, all as more fully set forth in the 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 to permit the subdivider to commence construction in the Coles Industrial Subdivision conditioned upon the execution of an agreement concerning sidewalk construction in the said subdivision, 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 sh 11 take effect upon first reading as an emergency measure this 20! day of , 1981. ATTEST: Ci Secretary APPROVED: 2 7 DAY OF , 1981: J. BRUCEYCOCK, CITY ATTORNEY By Assistant Ci orney 10030 /Airier THE C TY OF CORPUS CHRISTI, TEXAS SEP 271984 AGREEMENT THE STATE OF TEXAS 1 COUNTY OF NUECES THIS AGREEMENT is entered into between the City of Corpus Christi, hereinafter called "City", and LeeRoy Cole hereinafter called "Developer". WHEREAS, the "Developer" in compliance with the "City's" Platting Ordinance, is planning to develop a 27.9 acre subdivision outside the City limits of Corpus Christi and proposed to be known as Coles Industrial Acres. WHEREAS, said Platting Ordinance required the construction of a water system and a street system and sets forth construction standards for same. NOW THEREFORE, the "City" and the "Developer" agree as follows: 1. The Developer will construct both a street system and a water system in said 27.9 acre subdivision as shown in attached Exhibit "A" in accordance with the Platting Ordinance of the City of Corpus Christi. 2. The street system as referred to herein provides for the construction of curb and gutter and 4' wide sidewalks in addition to paving and base require— ments as indicated in said platting ordinance and Developer herewith agrees to submit plans to the Director of Engineering and Physical Development providing for such improvements. 3. The City will approve said street construction plans, to include the installation of 4' wide sidewalks in accordance with platting ordinance standards. 4. As the Developer has requested a waiver of the 4' wide sidewalks both the City and Developer agree that a decision on said waiver request will be made by the City within six months from date of this agreement. Should the decision rendered by the City be to waive said sidewalk construction, the sidewalks per platting ordinance standards need not be built. Should the decision be to construct the sidewalks, the Developer herewith agrees to commence said sidewalk construction within 30 days of such decision and to complete said sidewalks within 90 days of said decision. S. That the City agrees that an approved plat of the subject property will be released to Owner subject to compliance with all requirements of City's platting ordinance and on the condition that a note be contained on the face of the plat exit/ �9 y to the effect that Owner or his successors in title construct the required sidewalk improvements at such time as the City Council determine not to delete such sidewalk improvements as a condition of development. 6. That all of the above conditions shall be binding upon the successors, heirs, and assigns of the said Owner and each of them, and shall constitute covenants running with the land. EXECUTED IN DUPLICATE, this the day of , 1981. ATTEST THE CITY OF CORPUS CHRISTI By City Secretary Ernest Briones, Acting City Manager APPROVED: day of J. BRUCE AYCOCK, CITY ATTORNEY. By , 1981 Assistant City Attorney APPROVED By DEVELOPER: Assistant City Manager By Lee Roy Cole THE STATE OF TEXAS COUNTY OF NUECES j Before me, the undersigned, a Notary Public in and for said County and State, on this day personally appeared ERNEST BRIONES, Acting City Manager of the City of Corpus Christi, Texas, 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 the said City of Corpus Christi, a municipal corporation, and that he executed the same as the act of such corporation for the'pur?oses and consideration therein expressed, and in the capacity therein stated. Given under my hand and seal of office, this the day of , 1981. Notary Public in and for Nueces County, Texas THE STATE OF TEXAS X COUNTY OF NUECES j Before me, a Notary Public, on this day personally appeared LEE ROY COLE, 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 day of , 1981. AGREEMENT Leroy Cole Page 2 Notary Public in and for Nueces County, Texas 4, COLES /NDUSTR/AL ACRES sNEt�' r orz JCILP.'I�•rM GUNT E Ft ENGINEE f -t ING COMPANY Exhibit "A" • Corpus Christi, Texas _;71( 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, Council Members Respectfully, MAYOR THE CITY The above ordinance was passed by the following vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky 16630 F CORPUS CHRISTI, TEXAS