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Home My WebLink About06770 ORD - 01/23/1963IMS:JKH:1 -21 -63 • AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TEXAS, TO EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND THE UNITED STATES OF AMERICA, PROVIDING FOR THE ANNEXATION OF 2,01+9.85 ACRES, MORE OR LESS, BEING THAT AREA GENERALLY REFERRED TO AS THE U. S. NAVAL AIR STATION, CORPUS CHRISTI, TEXAS, SITUATED IN NUECES COUNTY, TEXAS, A COPY OF WHICH ANNEXATION AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. WHEREAS, THE UNITED STATES OF AMERICA, HEREINAFTER CALLED "GOVERNMENT", IS THE FEE OWNER OF A CERTAIN TRACT OF LAND ADJOINING THE CORPORATE LIMITS OF THE CITY OF CORPUS CHRISTI, AND IS DESIROUS OF CON- TRACTING WITH THE CITY TO ANNEX SAID TERRITORY TO THE CITY OF CORPUS CHRISTI; AND WHEREAS, IT IS THE OPINION OF THE CITY COUNCIL THAT IT WILL BE IN THE BEST INTEREST OF THE CITY OF CORPUS CHRISTI THAT SAID TERRI- TORY OR AREA BE ANNEXED: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI IS HEREBY AUTHORIZED AND DIRECTED TO EXECUTE AN AGREEMENT WITH THE GOVERNMENT FOR THE ANNEXATION OF THAT AREA GENERALLY REFERRED TO AS THE U. S. NAVAL AIR STATION, CORPUS CHRISTI, TEXAS, SITUATED IN NUECES COUNTY, TEXAS, SAID AREA CONSISTING OF 2,0149.85 ACRES, MORE OR LESS, A COPY OF WHICH ANNEXATION AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE FACT THAT THE GOVERNMENT DESIRES TO CONTRACT WITH THE CITY FOR ANNEXATION OF THE ABOVE DESCRIBED PROPERTY AND THE CITY COUNCIL IS OF THE OPINION THAT IT IS IN THE BEST INTEREST OF THE CITY OF CORPUS CHRISTI THAT SAID PROPERTY BE ANNEXED CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST' HAVING REQUESTED THE SUSPENSION OF SAID CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT THIS ORDINANCE TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED THIS THE 2 3 DAY OF JANUARY, 1963. ATTEST- MAYOR Pm -Tem THE CITY OF CORPUS CHRISTI, TEXAS CITY SECRE ARY APP D AS TO LEGAL FORM THIS DAY OF JANUARY, 1963: ,/4s S7 CI Y ATTONNEY a AGREEMENT OF ANNEXATION THIS AGREEMENT entered into in duplicate by and between the UNITED STATES OF AMERICA, party of the first part, hereinafter called the GOVERNMENT, acting through the Department of the Navy, as represented by the COMMANDANT, EIGHTH NAVAL DISTRICT executing this instrument, acting tinder the direction of the Secretary of the Navy, and the CITY OF CORPUS CHRISTI, TEXAS, a municipal cor- poration, party of the second part, hereinafter called the CITY; WITNESSETH THAT: WHEREAS, by Civil Action No. 87, in the United States District Court for the Southern District of Texas, the GOVERNMENT acquired in fee 2,049.85 acres of land in Nueces County, Texas for the establishment of a Naval Air Training Station (U.S. Naval Air Station, Corpus Christi, Texas) near the City of Cor- pus Christi, Texas. said land bordering in part along the ordinary high water line of Cayo del Oso, Corpus Christi Bay and Laguna Madre, and which land is more specifically described in aforesaid Civil Action, and which Civil Action Is hereby incorporated by reference; and WHE =4, the GOVERNMENT, by deed dated October 10, 1942, Leo L, Emmert to U.S.A., recorded in Vol. 286 p. 61, Deed Records of Nueces County; Texas; and by deed dated December 31, 1942, I.V. Lozano to U.S.A., recorded in Vol. 286 p. 456 -457, of aforesaid Deed Records; and by deed dated October 3. 1942, G.C. Richardson to U.S.A., recorded in Vol. 286 p. 34 -35, of aforesaid Deed Records, acquired in fee certain other parcels of land bordering along the southern shore of Corpus Christi Bay, Texas; and WHEREAS, the CITY now has its boundary contiguous to the aforesaid lands acquired for use as the Naval Air Station; and WHEREAS the City Charter, City of Corpus Christi, Texas, contains the provision that the Council of the CITY shall have the power by ordinance to contract for annexation with property owners of contiguous territory with in- struments in writing; and WHEREAS, it is the opinion of the CITY Council that such annexation is in the present interest of the CITY; and WHEREAS, the CITY Council, by Resolution 6724 of December 12, 1962, ex- presses its desire and requests that by agreement the aforesaid Naval Air Sta- r • tion become annexed to the City of Corpus Christi, Texas and become a part thereof; NOW, THEREFORE, in consideration of the premises and upon the execution of this Agreement agreeing to the performance of the express covenants herein- after contained, it is agreed by and between the parties hereto that the above mentioned territory shall be included within the boundaries of said CITY. 1. The CITY expressly agrees that it will establish on its behalf or by a Joint Airport Zoning Board, comprised of State, County or other municipal bodies, airport zoning regulations for airport hazard areas surrounding the U.S. Naval Air Station, Nueces County, Corpus Christi, Texas. 2. The CITY expressly agrees that the effect of annexation of the afore- said territory will have no effect as far as taxation of GOVERN= property is concerned, including real, personal or mixed, or GOVERWMT furnished prop. arty, and the Wherry Housing Project at said Station, known as "Laguna Shores," so long as such property shall remain GOVERNMENT property. 3. The CITY expressly agrees that it will maintain in good condition the roadway, known as 'Ocean Drive," from the present boundary of the CITY to the North Gate entrance of the Naval Air Station. 4. The CITY expressly agrees that regardless of the foregoing provisions, the GOVERNMENT shall be entitled to the same rights and privileges as enjoyed by all the citizens of the CITY. 5. In the event the CITY shall fail to comply with the terms and provi- sions of this instrument, the consent of the GOVERNMENT hereby granted shall be deemed revoked. IN WITNESS WHEREOF, THE PASTIES HERETO hove caused this instrument to be executed on this day of , 1963, effective as of the day of . 1963. (Witness) Attest: THE UNITED STATES OF AMERICA By Charles H. Lyman Rear Admiral. U.S. Navy Commandant, Eighth Naval District By direction of the Secretary of the Navy THE CITY OF CORPUS CHRISTI, TEXAS n T. Hay Kring Herbert W. Whitney City Secretary City Manager APPROVED AS TO LEGAL FORM THIS DAY OF JANUARY, 1963: CITY ATTOR Y • r CORPUS CHRIS , TEXAS 11 //DAY OF �:--- , �9 TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE- GOING 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, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; 1, THEREFORE, HEREBY 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, MAYOR P ID• em THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWI G VOTEE:: BEN F. MCDONA LD f \ TOM R. SW4NTNER DR. JAMES L. BARNARD JOSE R. DELEON M. P. MALDONADO W. J. ROBERTS JAMES H. YOUNG THE ABOVE ORDINANCE WAS PASSED BY THE BEN F. MCDONALD TOM R. SWANTNER DR. JAMES L. BARNARD JOSE R. DELEON M. P. MALDONADO W. J. ROBERTS JAMES H. YOUNG