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Home My WebLink About12105 ORD - 06/05/1974.TAR:jkh 9- 74:1st - AN ORDINANCE RATIFYING AND ACKNOWLEDGING THE CONTRACTUAL ANNEXATION OF THE BARNEY M. DAVIS SUBDIVISION AS SHOWN IN EXHIBIT "A" ATTACHED, BEING THE FULLY SUBSCRIBED AND DULY FILED CONTRACT BETWEEN CENTRAL POWER & LIGHT COMPANY AND THE CITY FOR SAID ANNEXATION AND THE COUNCIL AUTHORIZATION THEREOF; PROVIDING SEVERABILITY; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The contractual annexation of the Barney M. Davis Subdivision, as shown in Exhibit "A" attached, being the fully subscribed and duly filed contract between Central Power and Light Company and the City of Corpus Christi for said annexation, and the Council authorization thereof is hereby ratified, confirmed and acknowledged, and that said territory shall thereafter be a part of the City of Corpus Christi, Texas, and shall be subject to the general laws of the State of Texas, the City Charter of the City of Corpus Christi and the ordinances, resolutions, laws, rules and regulations of the City of Corpus Christi, to all intents and purposes as the present City of Corpus Christi is so subject, and subject to all the rights, privileges and burdens thereof. 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, or 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 necessity to immediately and unconditionally conclude the annexation proceeding by the City of Corpus Christi of the aforesaid lands and to declare that they shall be a part of the corporate limits of the City of Corpus Christi, 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 intro- duction but that such ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor, having declared such emergency 12105 and necessity exist, having requested the suspension of the said 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 the 5th day of June, 1974, IT IS ACCORDINGLY SO ORDAINED, the the f June, 1974. ATTEST: City Secreta MAYOR CITY OF CORPUS CHRISTI, TEXAS AP D. DAY OF 69;!'j City Attorney STANDARD FORM ANNEXATION CONTRACT THE STATE OF TEXAS COUNTY OF NUECES THIS CONTRACT AND AGREEMENT made and entered into in duplicate originals by and between CENTRAL POWER AND LIGHT COMPANY owner, herein- after called "OWNER ", a public utility and private corporation doing business in Texas, 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 con- sideration 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 and interests therein of all 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 and, in whole or in part, within three hundred (300) feet of the City's present corporate limits, being 500 or more feet in width at its narrowest point; generally delineated on the map attached hereto and marked "Exhibit A ", and being more particularly described as follows, to -wit: Lot One (1), Block One (1), Barney M. Davis Subdivision, an addition to the County of Nueces, State of Texas, being a tract of land containing 1,999.96 acres, more or less, in and a part of the Rincon de Corpus Christi Grant to Ramon de Ynojosa, Nueces County, Texas, as shown by map or plat thereof recorded in Volume 37, Page 86, of the Map Records of Nueces County, Texas. IT IS AGREED by and between the parties hereto that the above described land and territory shall, as of December 15, 1974, be included within the corporate boundaries of the City of Corpus Christi, Texas, and shall become a part thereof, subject to the sou x517- 71 terms of Article I, Section 2 of the City Charter of Corpus Christi, as amended, and as further prescribed by Ordinance No. 12023 of the City of Corpus Christi, Sections (1) (2), and (3) and Exhibit A thereof, providing for the Compromise Settlement Agreement between City and Central Power and Light Company of all matters in controversy in Cause No. 118946 -B, Central Power and Light Company vs. City of Corpus Christi, et al, which Compromise Settlement Agreement by this reference is incorporated herein for all purposes as if set forth here in haec verba, and whereby Central Power and Light Company shall cause the property annexed hereby and improvements thereon to be rendered for ad valorem taxes as of January 1, 1975, at such value as shall cause said Owner to be liable for and pay to the City for tax year 1975 the sum, before delinquency, of at least $400,000.00 in ad valorem taxes on such property for said tax year, and there- after as provided by law. 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. This contract providing for annexation of the subject property as of December 15, 1974, executed and binding upon the parties as of the date hereof, in testimony whereof WITNESS OUR HANDS, this day of ;�,� , 1974. CENTRAL POWER AND LIGHT COMPANY ATTEST: Secretary CITY OF CORPUS CHRISTI ATTEST: By R. Marvin Townsend, City Manager City Secretary APPROVED: day of , 1974: y _attorney -2 • Corpus Christi, Texas • Cr/ day of d t� , 19. /i 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, __ r'OxAl� MAYOR 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 following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard St ,=k e 0 PUBLISHER'S AFFIDAVIT STATE OF TEXAS, County of Nueces. )-: Before me, the undersigned. a Notary Public, this day personally Imia-0-110A ........................ . ................ . who being first duly sworn, according to law, says that he is the _QMA0 HBUnOM . . ........... . ........ ....... of the Corpus Christi Caller and The Corpus Christi Times, Daily Newspapers published at Corpus Christi, Texas In id County and State, and that the publication of .. . ........... . . ............. . . . .... . ..... of which the annexed is a true copy, was published in . . ..... . ... .......... on the .._.0...... day of J-MW . ................... 19-7k. aMlMMR*W .............. . ..................... Subscribed and sworn to before me this 32 . ......... day of .............a im a .............................. 19..Ik---. Kenneth Holt .91Y- Notary Public, Nueecs Countty, Texas 1\