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