HomeMy WebLinkAbout10865 ORD - 05/17/1972JRR:RWC :ml:5- 16- 72;2nd
AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY
OF CORPUS CHRISTI, TEXAS, TO INSTITUTE ANNEXATION BY
EXECUTION OF A CONTRACT BETWEEN THE CITY OF CORPUS
CHRISTI AND THE CENTRAL POWER AND LIGHT COMPANY, A TRUE
COPY OF WHICH IS ATTACHED HERETO AND BY THIS REFERENCE
INCORPORATED HEREIN FOR ALL PURPOSES, INCLUDING EXHIBITS
THERETO, AS THOUGH FULLY SET FORTH HEREIN, AFTER DUE
NOTICE AND HEARING, FOR THE ANNEXATION OF A TRACT OF
LAND, CONSISTING OF 20.91 ACRES, MORE OR LESS, AND
INCLUDES LOT 7, SECTION 20, AND A PORTION OF LOT 26,
SECTION 19, FLOUR BLUFF AND ENCINAL FARM AND GARDEN
TRACTS, NUECES COUNTY, TEXAS, ALL AS MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS, AS HEREINAFTER SET FORTH;
FINDING ALL OF SAID LANDS TO LIE ENTIRELY WITHIN THE EXTRA-
TERRITORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI,
ADJOINING, CONTIGUOUS, AND ADJACENT THERETO; PROVIDING
SEVERABILITY; AND DECLARING AN EMERGENCY.
WHEREAS, the Central Power and Light Company, a Texas Corporation
are the single owners of the hereinafter particularly described tract of
land adjoining, contiguous and adjacent to the City.of Corpus Christi and
wholly within its extraterritorial jurisdiction; and
WHEREAS, the said owners are desirous of contracting with the
City .tor the annexation of said territory to the City of Corpus Christi; and
WHEREAS, on the / ✓< , 1972, a public
hearing was duly held at the Regular Meeting of the City Council, following
publication of due notice of said hearing in the official newspaper, pursuant
to Art. 970a, V.A.C.S., Texas, as amended, for the consideration of institution
v of proceedings for the annexation of a defined area wholly within the extra-
territorial jurisdiction of Corpus Christi consisting of 20.91 acres, more or
less, and includes Lot 7, Section 20, and a portion of Lot 26, Section 19,
Flour Bluff and Encinal Farm and Garden Tracts, Nueces County, Texas, all as
more particularly described by metes and bounds as hereinafter set forth, at
which all interested persons were afforded an opportunity to be heard, and by
motion duly made, seconded and carried the said hearing was closed-on
1972; and
WHEREAS, it has-been determined by the City Council that the
territory within said tracts of land, now proposed to be annexed, abuts and
is contiguous and is adjacent to the City of Corpus Christi and constitutes
lands and territories subject, to contractual annexation as provided by the
City Charter Article I, Sec. 2 (c); and
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WHEREAS, it has been determined that it would be advantageous
to the City and to its citizens and in the public interest to annex the
aforesaid land and territory hereafter described:
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 institute annexation by execution of a
contract between the City of Corpus Christi and Central Power and Light
Company, a Texas Corporation a true copy of which contract is attached
. hereto -and by.this reference incorporated-herein-for all purposes, including
exhibits thereto, as though fully set forth herein, for annexation of land
and territory described as follows:
BEING A 20.91 ACRE TRACT OF LAND AND INCLUDES LOT 7, SECTION 20, AND A PORTION
OF LOT 26, SECTIO14 19, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, AS
SHOWN BY MAP OF RECORD IN VOLUME A, PAGES 111 -43, MAP RECORDS, NUECES COUNTY,
TEXAS, SAID 20.91 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A POINT IN THE PRESENT CITY LIMIT LINE OF
THE CITY OF CORPUS CIIRISTI, TEXAS, SAID POINT BEING AT
THE INTERSECTION OF THE NORTHEAST RIGHT -OF -WAY LINE OF
120 FOOT WIDE SARATOGA BOULEVARD, AND THE SOUTHEAST
BOUNDARY LINE OF SAID LOT 26, FOR THE MOST EASTERLY
CORNER OF THE TRACT HEREIN DESCRIBED;
THENCE S;29; 00' W., WITH THE SOUTHEAST BOUNDARY LINES
OF SAID LOT Z6, AND SAID LOT 7, ACROSS SARATOGA BOULEVARD
AND CONTINUING WITH SAME CALL, A TOTAL DISTANCE OF 1380
FEET TO THE MOST SOUTHERLY CORNER OF SAID LOT 7, FOR A
CORNER OF THE TRACT HEREIN DESCRIBED;
THENCE N. 61° 0O, W., WITH THE SOUTHWEST BOUNDARY LINE
OF SAID LOT 7, A DISTANCE OF 660 FEET TO ITS MOST WESTERLY
CORNER THEREOF FOR THE MOST WESTERLY CORNER OF THE TRACT
-. HERCIN DESCRIBED;
THENCE N. 29° 00' E., WITH THE NORTHWEST BOUNDARY LINE
OF SAID LOT 7, AND ON ACROSS SAID SARATOGA BOULEVARD,
A DISTANCE OF 13`)0 FEET TO THE NORTHEAST RIGHT -OF -WAY
LINE OF SAID SARATOGA BOULEVARD, AND IN THE PRESENT CITY
LIMIT LINE FOR THE MOST NORTHERLY CORNER OF THE TRACT
HEREIN DESCRIBED
THENCE S. 61' 00' E., WITH THE NORTHEAST RIGIIT -OF^WAY
LINE OF SAID SARATOGA BOULEVARD, AND WITH Tt1E PRESENT
CITY L11IIT LINE, A DISTANCE OF 660 FEET TO THE POINT OF
BEG INU ING.
CONTAINING 20.91 ACRES OF LAND MORE OR LESS.
The hereinabove described land, subject to execution of said contract, is
admitted into the City of Corpus Christi as an integral part thereof, said
territory to be hereinafter a part of the City of Corpus Christi, subject to
the general laws of the State of Texas, the City Charter, and the ordinances,
resolutions, motions and regulations of the City of Corpus Christi, Texas;
said described territory shall hereafter bear its proportionate share of
the taxes levied by the City and the inhabitants of such territory shall
have the privileges and be subject to all the duties of other inhabitants
of the City of Corpus Christi, Texas.
SECTION 2. If for any reason any section, paragraph, subdivision,
clause, phrase, or provision of this ordinance shall be held invalid by
final judgment of a court of competent jurisdiction, shall not affect any
valid provisions of this or any other ordinance of the City of Corpus Christi
to which these rules and regulations relate.
SECTION 3. The fact that the above named persons desire to
immediately contract with the City for annexation and the City finds it
in the public interest to bring said territory into the corporate limits
as rapidly as possible 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 but 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, and having requested the suspension of the Charter rule and that this
ordinance be passed finally on the date of its introduction and take effect
and be in full force and effect from and after its passage, IT IS ACCORDINGLY
SO ORDAINED, this the `day o 1972.
ATTEST: 0
City Secre ary MAYOR
THE CITY OF CORPU ISTI, TEXAS
APPROVED:
DAY OF �, 1972
ks (• City Attorn
RWC:vmp:4 /28/72 - 2d
THE STATE OF TEXAS X
COUNTY OF NUECES X
THIS CONTRACT AND AGREEMENT made and entered into in duplicate
originals by and between Central Power and Light Company, a corporation of
Nueces County, Texas; hereinafter called "Central ", and the City of Corpus
Christi, Texas, a home -rule city of more than 200,000 population, a munici-
pal 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 hereinafter stated. /
W I T N E S S E T H:
That Central has contracted to purchase fee simple title to the
I
following described property located'in Nueces County, Texas, adjacent to and
adjoining the corporate limits of the City of Corpus Christi, lying wholly
within the extraterritorial jurisdiction of said City, generally delineated
on the map attached hereto and marked "Exhibit A ", and being more particularly
described as follows, to -wit:
Being a 20.91 acre tract of land and includes Lot 7, Section 20, and a portion
of Lot 26, Section 19, Flour Bluff and Encinal Farm and Garden Tracts, as
shown by Map of Record in Volume A, pages 41 -43, Map Records, Nueces County,
Texas, said 20.91 acre tract of land being more particularly described by
metes and bounds as follows:
BEGINNING at a point in the present City Limit line of /
the City of Corpus Christi, Texas, said point being at
the intersection of the Northeast right -of -way line of
120 foot wide Saratoga Boulevard, and the Southeast
Boundary line of said Lot 26, for the most easterly
corner of the tract herein described;
THENCE S. 29° 00' W., with the Southeast boundary lines
of said Lot 26, and said Lot 7, across Saratoga Boulevard
and continuing with same call, a total'distance of 1380
feet to the most southerly corner of said Lot 7, for a
corner of the tract herein described;
THENCE N. 61° 00' W., with the Southwest boundary line
of said Lot 7, a distance of 660 feet to its most westerly
corner thereof for the most westerly corner of the tract
herein described;
THENCE N. 29° 00' E., with the Northwest boundary line
of said Lot 7, and on across said Saratoga Boulevard,
a distance of 1380 feet to the Northeast right -of -way
line of said Saratoga Boulevard, and in the present City
Limit line for the most northerly corner of the tract
herein described;
THENCE S. 61° 00' E., with the Northeast right -of -way
line of said Saratoga Boulevard, and with the present
City Limit line, a distance of 660 feet to the point of
beginning.
Containing 20.91 acres of land more or less,
subject to said property being annexed as herein provided and zoned for "1 -2 ",
Light Industrial Use classification; and
Subject to all street and drainage easements and rights -o£ -way
owned by the City or any other political subdivision.
There are no resident voters of any incorporated city, town or
village in the above territory.
IT IS AGREED by and between the parties hereto that the above
described _territory.shall _ be included within the corporate boundaries of
the City of Corpus Christi, Texas, and shall become a part thereof, bearing
the use classification 11I -2 ", Light Industrial, as set forth in Ordinance
No. , approved by the City on . 19
as shown on the map attached hereto and'marked'Exhibit "A "., subject to the
terms of Article I, Section 2, of the City Charter of Corpus Christi, as
amended, and subject to the performance of the express covenants hereinafter
contained;
The said Central agrees to the following express conditions to the
admission of the above described territory into the City of Corpus Christi,
i
Texas:
1. That Central will timely comply with the Platting Ordinance
of the City of Corpus Christi, Texas, and the requirements of the Planning
Commission, or cause same to be complied with.
2. That if developed as a subdivision, Central agrees that it will
timely comply with the policy for the dedication of park area established by
the City of Corpus Christi, Texas, and as required by the Planning Commission
of the City of Corpus Christi, Texas, in accordance with applicable law, or
cause same to be complied with.
3. That if developed as a subdivision, any development of said
territory will comply with the standards of improvements required by the
Departments of Engineering Services and Planning of the City of Corpus Christi,
Texas, for development of subdivisions in the City of Corpus Christi, Texas,
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including paving of all streets and installation of sidewalks, curbs and
gutters.
4. That all improvements required shall be subject to approval
and acceptance by the Director of Engineering Services in accordance with
applicable law. There shall be no obligation on the City for maintenance,
excluding streets and roads, unless all improvements are accepted by the
Director of Engineering Services. No building shall be commenced without
first obtaining a City building permit, paying the current fee therefor,
and complying with City Ordinance requirements, subject to City inspection
and approval.
5. That all of the above conditions shall be binding upon the
successors and assigns of the said Central and each of them, and shall con-
stitute covenants running with the land.
WITNESS OUR HANDS, this day of . 1972.
CITY OF CORPUS CHRISTI, TEXAS CENTRAL POWER AND LIGHT COMPANY
By By
City Manager President
ATTEST: ATTEST:
City secretary Secretary
APPROVED AS TO LEGAL FORM:
City Attorney
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CORPUS CHRISTI, TEXAS yy
I/-CDAY OF�'
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING
ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN-
SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL
BE PASSED FINALLY ON THE DATE IT 15 INTRODUCED, AND THAT SUCH ORDINANCE OR
RESOLUTION SHALL'BE READ AT THREE MEETINGS OF THE CITY COUNCIL, I, THEREFORE,
REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS-ORDI-
NANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE
CITY COUNCIL.
TFULLY,
0
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MAYOR
THE CITY OF CO S HRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
RONNIE SIZEMORE
CHARLES A. BONNIWELL
ROBERTO BO SQUEZ, M.G.
REV. HAROLD T. BRANCH
THOMAS V. GONZALES I
GABE LOZANO, SR.
J. HOWARD STARK
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
RONN I E $ I ZEMORE 15_
CHARLES A. BONNIWELL
ROBERTO BOSQUE 2, M.G. -= `/✓�- C�C.iL�
REV. HAROLD T. BRANCH
THOMAS V. GONZALES
GABE LOZANO, SR.
J. HOWARD STARK �����