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HomeMy WebLinkAbout11878 ORD - 01/16/1974JRR:RWC:e:1 /16/74 2nd AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI TO INSTITUTE ANNEXATION BY EXECUTION OF A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND THE SOCIETY OF CHRISTIAN SOCIAL SERVICE, A TRUE COPY OF WHICH IS ATTACHED HERETO, AND BY THIS REFERENCE-INCOR- PORATED 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 20.50 ACRES, MORE OR LESS, OUT OF THE F. J. SMITH 225.2 -ACRE TRACT OF LAND OUT OF THE MARIANO LOPEZ DE HERRERA GRANT, STATE ABSTRACT NO. 606, IN NUECES COUNTY, TEXAS, ALL AS IS MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS, AS HEREINAFTER SET FORTH; FINDING ALL OF SAID LANDS TO LIE ENTIRELY WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI, ADJOINING, CONTIGUOUS, AND ADJACENT THERETO; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. WHEREAS, the Society of Christian Social Service is the owner in fee simple 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 owner is desirous of contracting with the City for the annexation of said territory to the City of Corpus Christi; and WHEREAS, on January 2, 1974, 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 annexation of a defined area wholly within the extraterritorial jurisdiction of the City of Corpus Christi consisting of 20.50 acres, more or less,-out of the F. J. Smith 225.2 -acre tract of land out of the Mariano Lopez de Herrera Grant, State Abstract No. 606, Nueces County, Texas, all as is 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 January 2, 1974; 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 11878 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 the Society of Christian Social Service, 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 terri- tory described as follows: A 20.50 -acre tract of land out of the F. J. Smith 225.2 -acre tract of land out of the Mariano Lopez de Herrera Grant, State Abstract No. 606, Nueces County, Texas: BEGINNING at a 5/8" iron rod in the centerline of Calallen Drive, the Northeast corner of a 30 -acre tract of land owned by the Calallen Independent School District, for the Southeast corner of this Tract; THENCE North 80° West, with the north boundary of said 30 -acre tract, at 900 feet pass a 5/8" iron rod for an angle point in said north boundary, in all a distance of 1,240.11 feet for the southwest corner of this tract; THENCE with the west boundary of this tract, North 390 52' West, 468.17 feet and north 9° 52' west, 300.0 feet to a point on the north boundary of said 225.2 -acre tract for the north- west corner of this tract; THENCE south 790 52' east, with said north boundary of said 225.2 -acre tract 1,735.42 feet to the centerline of Calallen Drive for the Northeast corner of this tract; THENCE in a southerly direction with the centerline of Calallen Drive on a curve to the right which has a central angle of 3° 30' 42 ", a radius of 682.50 feet, a tangent distance of 20.93 feet for an arc distance of 41.83 feet to the point of tangency which is also the point of curvature of a curve to the left which has a central angle of 15° 40', a radius of 682.50 feet, a tangent distance of 93.89 feet and an arc length of 186.62 feet; THENCE continuing with the centerline of Calallen Drive along said curve to the left in a southerly direction 186.62 feet to the point of tangency; THENCE south 10° west continuing with the centerline of Calallen Drive, 355.0 feet to the PLACE OF BEGINNING, containing 20.50 acres of land, more or less. -2- 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 ordinance, 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 City Council that every section, paragraph, subdivision, clause, phrase, word, or provision hereof be given full force and effect for its purpose. SECTION 3. The fact that the above named society desires to immediately contract with the City for annexation and the City finds that it is 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 an 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 //j 64 day of January, 1974. ATTEST. c ity Secretary MAYOR THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: 16TH DAY Q.f1JAN 4P wv � V. City A • STANDARD FORM ANNEXATION CONTRACT THE STATE OF TEXAS COUNTY OF NUECES X x THIS CONTRACT AND AGREEMENT made and entered into in duplicate originals by and between (1) the Society of Christian Social Service, by and through Mother Teresa Santoyo owner(s), hereinafter called "OWNER(S) ", 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 • hereinafter stated W I T N E S S E T H: That Owners are owners in fee simple and of all existing rights, titles (1A)and interests therein of all the following described property located in(2) Nueces- County, Texas, adjacent to and adjoining the corporate limits of the City of Corpus Christi, lying wholly within the extraterritorial juris- diction of said City ancl, in whole or•in part, within three hundred (300) feet of the City's present corporate limits, generally deline- ated on the map attached hereto and marked "Exhibit A ", and being more particularly described as follows, to -wit: A 20.50 -acre tract of land out of the F. J. Smith 225.2 -acre tract of land out of the Mariano Lopez de Herrera Grant, State Abstract No. 606, Nueces County, Texas: BEGINNdING at a 5/8" iron rod in the centerline of Calallen Drive, the Northeast corner of a 30 -acre tract of land owned by the Calallen Independent School District, for the Southeast corner of this Tract; THENCE North 80° Nest, with the north boundary of said 30 -acre tract, at 900 1cot pass a 5/0" iron rod for an angle point in said north L•cundary, in all a distance of 1,240.11 feet for the southwest corner of this tract; f- /,» / // • THENCE with the west boundary of this tract, North 390 52' West, 468.17 feet and north 90 52' west, 300.0 feet to a point on the north boundary of said 225:2 -acre tract for the north- west corner of this tract; THENCE south 79° 52' east, with said north boundary of said 225.2 -acre tract 1,735.42 feet to the centerline of Calallen Drive for the Northeast corner of this tract; THENCE in a southerly direction with the centerline of Calallen Drive on a curve to the right which has a central angle of 3° 30' 42 ", a radius of 682.50 feet, a tangent distance of 20.93 feet for an arc distance of 41.83 feet to the point of tangency which is also the point of curvature of a curve to the left which has a central angle of 15° 40', a radius of 682.50 feet, a tangent distance of 93.89 feet and an arc length of 186.62 feet; THENCE continuing with the centerline' of Calallen Drive along said curve to the left in a southerly direction 186.62 feet to the point of tangency; THENCE south 10° west continuing with the centerline of Calallen Drive, 355.0 feet to the PLACE OF BEGINNING, containing 20.50 acres of land, more or less. 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.(4), (5), (6) 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 ],sand. WITNESS OUR HANDS, this /Gay of 19 77. ATTEST: City Secretary APPROVED: 21ST DA OF NOVE City Attor SOCIETY OF CHRISTIAN SOCIAL SERVICE By Mother Teresa Santoyo CITY OF CORPUS CHRISTI By R. Marvin Townsend, City Manager • S. • ••••(, N • ea' oo 'Af/ /2 /0. // ' /iVS4,0E • Corpus Christi, Texas 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. Respectfully, MAYOR 5:2t. THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark The above ordinance was passed by the fo i owing vote: Jason Luby James T. Acuff Rev, Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark Mr. Jack P. Koko 525 North Taneohuo Corpus Christi, Texas 78401 Dear Jack: .You will find 'attached an executed-contract pertaining to the annexatlan of the Society of Christian. Scala' Service, Prow y. This dominant' is for the file of the owners of the •property.,