HomeMy WebLinkAbout10992 ORD - 07/26/1972JRR:RWC:ml:7- 19- 72;lst
AN ORDINANCE
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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 11ARK P. BRATTON, 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 29.45 ACRES, MORE OR LESS, AND INCLUDES
LOT 2, SECTION,,12, BOHEMIAN COLONY LANDS, 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 EXTRATERRITORIAL JURIS-
DICTION OF THE CITY OF CORPUS CHRISTI, ADJOINING, CONTIG-
UOUS, AND ADJACENT THERETO; PROVIDING SEVERABILITY; AND
DECLARING AN EMERGENCY.
WHEREAS, Mark P. Bratton is the owner in fee simple of the here-
inafter 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 owner is desirous of contracting with the City
for the annexation of said territory to the City of Corpus Christi; and
WHEREAS, on July 12, 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 of proceedings for the annex-
ation of a defined area wholly within the extraterritorial jurisdiction of
Corpus Christi consisting of 29.45 acres, more or Tess, and includes Lot 2,
Section 12, Bohemian Colony Lands, Nueces County, Texas, all•as more particu-
larly 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 July 12, 1972;
and 11
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
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 Mark P. Bratton 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:
The northeast 495.0 feet of Lot 2, Section 12, Bohemian
Colony Lands as shown by map of record in Volume A, page
48, Map Records, Nueces County, Texas, said 29.45 acre
tract being more particularly described by metes and
bounds as follows:
BEGINNING at the intersection of the northeast boundary
line of said Lot 2, and the northwest right -of -way line
of 100 foot wide Weber Road, said point being in the
present city limit line of the City of Corpus Christi for
the most easterly and beginning corner of the tract here-
in described;
THENCE S. 29° 00, W., with the present city limit of the
City of Corpus Christi, and with the northwest right -of -way
line of said Weber Road, a distance of 495.0 feet to a
point for the most southerly corner of the tract herein
described;
THENCE N. 61° 30' 45" W., with a line that is 495.0 feet
southwest of and parallel to the northeast boundary line of
said Lot 2, a distance of 2,592.0 feet to a point in the
southeast boundary line of Cabaniss Field for the most
westerly corner of the tract herein described;
THENCE N. 29° 001 E., with the southeast boundary line of
said Cabiniss Field, a distance of 495.0 feet to the most
northerly corner of said Lot 2, in the present city limits
of the City of Corpus Christi, for the most northerly
corner of the tract herein described;
THENCE S. 61° 30' 45" E., with the northeast boundary line
of said Lot 2, and with the present city limits of the City
of Corpus Christi, a distance of 2,592.0 feet to the point
of beginning.
CONTAINING 29.45 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
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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, word, or provision of this ordinance shall be held invalid
or unconstitutional by final judgment of a court of competent jurisdiction it
shall not affect any other section, paragraph, subdivision, clause, phrase,
word, nor provision of this ordinance, for it is the definite intent of this
i
City Council that every section, paragraph, subdivision, clause, phrase, word,
or provision hereof be given full force and effect or its purpose.
SECTION 3. The fact that the above 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 ORDINED, this the
26 day of July, 1972.
ATTEST: 0
City Sec et y MAYOR
THE CITY OF CORPU ISTI, TEXAS
APPROVED:
DAY OF JULY, 1972:
ASX City Attorney
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THE STATE OF TEXAS X
COUNTY OF NUECES X
THIS CONTRACT AND AGREEMENT made and entered into in duplicate
originals by and between Mark P. Bratton of Nueces County, Texas; herein-
after called "Owner ", 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 con-
ditions hereinafter stated.
W I T N E S S E T H:
That Mark P. Bratton is the owner of fee simple title to the
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:
The northeast 495.0 feet of Lot 2, Section 12, Bohemian
Colony Lands as shown by map of record in Volume A, page
48, Map Records, Nueces County, Texas, said 29.45 acre
tract being more particularly described by metes and
bounds as follows:
BEGINNING at the intersection of the northeast boundary
line of said Lot 2, and the northwest right -of -way line
of 100 foot wide Weber Road, said point being in the
present city limit line of the City of Corpus Christi for
the most easterly and beginning corner of the tract here-
in described;
THENCE S. 29° 00' W., with the present city limit of the
City of Corpus Christi, and with the northwest right -of -way
line of said Weber Road, a distance of 495.0 feet to a
point for the most southerly corner of the tract herein
described; "
THENCE N. 61° 30' 45" W., with a line that is 495.0 feet
southwest of and parallel to the northeast boundary line of
said Lot 2, a distance of 2,592.0 feet to a point in the
southeast boundary line of Cabaniss Field for the most
westerly corner of the tract herein described;
THENCE N. 290 00' E., with the southeast boundary line of
said Cabiniss Field, a distance of 495.0 feet to the most
northerly corner of said Lot 2, in the present city limits
of the City of Corpus Christi, for the most northerly
corner of the tract herein described;
THENCE S. 61" 30' 45" E., with the northeast boundary line
of said Lot 2, and with the present city limits of the City
of Corpus Christi, a distance of 2,592.0 feet to the point
of beginning.
CONTAINING 29.45 acres of land more or less, a map of which is
marked Exhibit "A" and attached hereto and made a part hereof for all pur-
poses, subject to said property being annexed as herein provided and zoned
for "I -2 ", Light Industrial Use classification; and
Subject to all street and drainage easements and rights -of -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 "I -2 ", Light Industrial, as set forth in ordinance
No. 16 9 9 . approved by the City on 2 6 _, 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 Owner agrees to the following express conditions to the
admission of the above described territory into the City of Corpus Christi,
Texas:
1. That Owner 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, owner 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,
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Texas, for development of subdivisions in the City of Corpus Christi, Texas,
including paving of all streets and installation o£'sidewalks, curbs and
gutters, if required,
A. 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 of 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 Owner 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
By
City Manager
ATTEST:
ATTEST:
City Secretary
APPROVED AS TO LEGAL FORM:
City Attorney
Mark P. Bratton
THE STATE OF TEXAS X
COUNTY OF NUECES X
Before me, the undersigned authority, on this day personally
appeared R. MARVIN TOWNSEND, City Manager of the City of Corpus Christi,
Texas, a municipal corporation, known to me to be the person and officer
whose name is subscribed to the foregoing instrument, and acknowledged to
me that he executed the same as the act and deed of said City of Corpus
Christi for the purposes and consideration therein expressed and in the
capacity therein stated.
Given under my hand and seal of office, this the day of
July, 1972.
Notary Public ' in =and for Nueces County,
Texas
THE STATE OF TEXAS X
COUNTY OF NUECES X
Before me, the undersigned authority, on this day personally
appeared MARK P. BRATTON, 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.
July, 1972.
Given under my hand and seal of office, this the day of
Notary Public in and for Nueces County,
Texas
CORPUS CHRISTI, TEXAS
DAY OF 19 •7L
61 0
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 IS 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.
ESPECTF LLY,
• cum
MAYOR
THE CITY OF CORPU C ISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
RONNIE SIZEMORE
CHARLES A. BON NIWELL
ROBERTO BOSQUEz, M.D.rv�.
REV. HAROLD T. BRANCH
• _ THOMAS V. GONZALES � J
GABE LOZANO, SR.
'
J. HOWARD STARK
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
• BONNIE SIZE MORE
CHARLES A. BONNIWELL
ROBERTO BOSQUEZ, M.D. Q et
REV. HAROLD T. BRANCH
THOMAS V. GONZALES
GABE LOZANO, SR.
J. HOWARD STARK /[ ,
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" SECT 3992.3' vss °4i jo• jrC S. r� J'
N
f MARK P. BRATTON ANNEXATION:
". Being 29.45 acres out of the no
r
- • '495.0 feet of Lot 2, Section 12,
Bohemian Colony Lands. i, ri �/�; ¢$ /• 2 /c /E'OS ;,
e E X H I B I T /o/e/ /972 -- w -'
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