HomeMy WebLinkAbout16946 ORD - 03/17/1982AN ORDINANCE
AMENDING THE CONTRACT AUTHORIZED BY ORDINANCE 16629 AND
EXHIBIT "A" OF Ordinance 16705 WHICH ANNEXED BUCKINGHAM
ESTATES TO PROVIDE THAT PAYMENT FOR SANITARY SEWER,
STREET CONSTRUCTION AND BRIDGE CONSTRUCTION BE IN
ACCORDANCE WITH A PHASING PLAN FOR THE SUBDIVISION; AND
DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That the contract authorized by Ordinance 16629 and
Exhibit "A" of Ordinance 16705 which annexed a portion of Lot 3, and all of
Lots 9 - 14, Section 6, Flour Bluff Encinal Farm and Garden Tracts be
amended as follows:
1. Add to Condition 2 the following:
Payment shall be submitted to the City in the form of an
irrevocable letter of credit in favor of the City without recourse
in the amount of $51,652.80 ($800.00 x 64.566 = $51,652.80) within
thirty (30) days of the ordinance amending the annexation
contract. The remaining amount of the $91,184.00 or $31,531.20
shall be payable upon call by the City at the time construction
bids are received for the South Staples sewer trunk line or the
amount of $31,531.20 shall be payable prior to the final plat
containing 49.414 acres being recorded, whichever is sooner.
2. Add to Condition 4 the following:
Payment to be made at the time each final plat is released for
filing at the County Courthouse and in the amount of the total
linear foot of street and total square footage of sidewalk
adjacent to such final plat. At the time the second phase is
developed, the developers shall pay an amount equal to the
assessment based on a rate in effect at the time of platting, on
the remaining linear foot of street and the remaining square
footage of sidewalk.
3. Amend Condition 5 as follows:
Require the developers to pay the City the estimated cost of
bridge construction over the drainage ditch at the time of Phase 2
development. Such participation is estimated at 15/40 of the
total cost. The developers of Buckingham Estates shall be
required to pay for 1/4 of the 15/40 total cost at the time of
development of the second phase, and the developers to the south
and west pay their share based on the estimated cost at the time
of platting.
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 by the amending or aforesaid
ordinance so that the development of Buckingham Estate Subdivision may
proceed on a timely basis, such finding of an emergency is made and declared
E
16946 m cSR0P:i :E19:4
requiring suspension 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 /7 day of March, 1982.
ATTEST:
Cit Secretary MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
APPMED:
/7 DAY OF MARCH, 1982
J. Bruce Aycock,
ty Attorney
AMENDED ANNEXATION CONTRACT
THE STATE OF TEXAS A
COUNTY OF NUECES §
This Contract and Agreement made and entered into in duplicate
originals by and between John Tucker and Jack Tucker, hereinafter called
"owners", and the City of Corpus Christi, Texas, a home -rule city of more
than 200,000 population, a municipal corporation and body politic under the
laws of the State of Texas, situated in Nueces County, Texas, hereinafter
called "City", for good and valuable consideration in hand received by the
parties respectively and upon the covenants and conditions hereafter stated.
W ITNESSET H:
The Owners are owners in fee simple and of all existing rights,
titles and interests therein of all'the following dscribed_prop.ertilocated
in Nueces County, Texas, -adjacent to and .adjoiriing •the EoiTorate Timifs-of
the City of Corpus Christi, lying wholly within the extraterritorial
jurisdiction of said city and, in whole or in part, within three hundred
(300') feet of the City's present corporate limits, generally delineated on
the map attached hereto and marked Exhibit "A", and.being more particularly
described as follows, to -wit:
FIELDNOTES for 115.95 acres of land out of Lot 3 and Lots 9 through
14, Section 6, Flour Bluff and Encinal Farm and Garden Tracts, a
map of which is recorded in Volume "A", Pages 41, 42, 43, map
records of Nueces County, Texas:
BEGINNING at an axle found at the intersection of the Northwest
right-of-way, line of South Staples Street with the Northeast
boundary line of said Lot 9 for the lower East corner of this
survey from which corner the East corner of said Lot 9 in the
centerline of South Staples Street bear South 61°0300" East 40.00
feet;
THENCE South 28°5600" West, along the aforementioned Northwest
right-of-way, parallel to the centerline thereof and 40.00 feet
distant therefrom, measured at right angles thereto, 1,265.52 feet
for the South corner of this survey;
THENCE North 61°01'10" West, crossing through Lots 9, 10, 11, 12,
13, 14, 3,926.30 feet to a point on the common boundary line of
Lots 14 and 15 for the West corner of this survey;
THENCE North 28°55'30" East, along the aforementioned common line,
at 1,263.40 feet pass a 5/8 -inch iron rod found in an 8 -inch
diameter hole in a 2 foot diameter piece of concrete, marking the
common corner of Lots 2, 3, 14, 15 and continuing along the common
lot line of said Lots 2 and 3, in all a distance of 2,583.40 feet
to a'point on the centerline of Cedar Pass for the common corner of
Lots 30, 31, Section 5, Lots 2, 3, Section 6 and the North corner
of this survey.
•
THENCE South 61°03'00" East, along the common boundary line of Lot
30, Section 5 and Lot 3, Section 6, with the aforementioned
centerline, 65.00 feet for the upper East.corner of this survey.
THENCE South 28°55'30" West, parallel with the common line of Lots
2, 3, Section 6, 1,320.00 feet to a point on the common boundary
line of Lots 3, 14, said Section 6 for an inside corner of this
survey;
THENCE South 61°03'00" East, along the Northeast line of Lots 14
through 9, 3,861.50 feet to the POINT OF BEGINNING.
It is agreed by and between the parties hereto that the
above-described land and territory shall be included within the corporate
boundaries of the City of Corpus Christi, Texas., and shall become a part
thereof, subject to the terms of Article I, Section 2, of the City Charter of
Corpus Christi, as amended, and as further prescribed by Ordinance No. 11139
of the City of Corpus Christi.
It is further agreed by and between the parties that as an
essential part of the consideration of this Contract, Owners
_
_
, perform the following Conditions:
and City will
1. The developers agree to construct a 12" A.C.P. water line from Everhart
Road at Cedar Pass southerly to the Yorktown extension thence eastwardly
in the Yorktown extension to South Staples Street, thence northerly in
South Staples Street to the north boundary line of the subdivision, and
connecting with the existing 6" A.C.P. water line in South Staples
Street, plus fire protection as per the City ordinance along South
Staples Street and Yorktown Boulevard.
2. The developers agree to pay $800 per acre (113.98 acres x $800.00 =
$91,184) to be placed in a fund to develop a permanent sanitary sewer
system in the area per the master plan. Payment shall be submitted to
the City in the form of an irrevocable letter of credit in favor of the
City without recourse in the amount of $51,652.80 ($800.00 x 64.566 -
$51,652.80) within thirty (30) days of the ordinance amending the
annexation contract. The remaining amount of the $91,184.00 or
$31,531.20 shall be payable upon call by the City at the time
construction bids are received for the South Staples sewer trunk line or
the amount of $31,531.20 shall be payable prior to the final plat
containing 49.414 acres being recorded, whichever is sooner.
3. The dev5opers agree to construct a sanitary sewer lift station in the
southeast corner of the subdivision and an adequate force main from such
lift station northerly along South Staples Street at, Saratoga Boulevard.
The depth of the wet well shall be designed to serve the master plan
area.
4. Require owners to pay to the City prior to the Buckingham Estates plat
being released an amount equal to the residential assessment as if the
properties are fronting on Yorktown Boulevard.
3,916.30 L.F. x 4.75 = $18,602.43
.15,665.20 S.F. Sidewalk x 0.75 = 11,748.90
TOTAL $30,351.33
Require owners of the tract south of Buckingham Estates and Yorktown-- -
Boulevard extension (presently same owerns) to pay an amount equal to the
assessment base on a rate in effect at the time of platting and zoning.
Should the City not be in the position to construct Yorktown Boulevard at
the time property to the south is platted,.then the City would allow the
owners to develop a 28 -foot wide County Road type section in addition to
paying the assessment amount.
Payment to be made at the time each final plat is released for filing at
the County Courthouse and in the amount of the total linear foot of
street and total square footage of sidewalk adjacent to such final plat.
At the time the second phase is developed, the developers shall pay an
amount equal to the assessment based on a rate in effect at the time of
platting, on the remaining linear foot of street and the remaining square
footage of sidewalk.
5. Require the developers to pay the City the estimated cost of bridge
construction over the drainage ditch at the time of Phase 2 development.
Such participation is estimated at 15/40 of the total cost. The
developers of Buckingham Estates shall be required to pay for 1/4 of the
of the 15/40 total cost at the time of development of the second phase,
and the developers to the south and west pay their share based on the
estimated cost at the time of platting.
6. The City agrees to commence provision of fire, police, health, sanitation
and other usual City services after the effective date of the annexation.
7. The City agrees to accept water, sewer, street and drainage facilities
after construction by the developers according to City platting standards
_-and agrees 6 maintain such facilities thereafter.
. _
8. Owners hereby agree to --_Waive the statutory requirement of Article 970a,
-V.A.C.S., as amended, for a public hearing to be held in the area to be
annexed.
It is further agreed that all of the above conditions shall be
binding upon the successors and assigns of the said Owners and each of them,
and shall constitute covenants running with the land.
WITNESS OUR HANDS, this the day of
1982.
ATTEST:
Secretary
ATTEST:
City Secretary
APPROVED: DAY OF
John Tucker
Jack Tucker
Edward A. Martin
City Manager
J. BRUCE AYCOCK, CITY ATTORNEY
, 1982:
Assistant City Attorney
Corpus Christi, Texas
7 day of
, 1982
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; 1/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 1/#./
THE CI OF CORPUS CHRISTI, TEXAS
The above ordinance was passed by the fol l ing vote:
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley 411(1.d
Herbert L. Hawkins, Jr. f .
Dr. Charles W. Kennedy
Cliff Zarsky
16946