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Home My WebLink About12306 ORD - 10/09/1974JRR:jkh:1O -8 -74; 1st 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 NUECES BAY DEVELOPMENT, INC., 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 23.15 ACRES, MORE OR LESS, LOCATED BETWEEN HIGHWAY 181 AND CANAL "A ", 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 Nueces Bay Development, Inc., 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 September 25, 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. 97Oa, VACS, Texas, as amended, for the consideration of institution of proceedings for the annexation of a defined area wholly within the extraterritorial juris- diction of the City of Corpus Christi consisting of 23.15 acres, more or less, out of the former W. E. Pope Estate Tract located on the north end of Corpus Christi Beach, between Highway 181 and Canal "A ", all as is 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 September 25, 1974; and WHEREAS, it has been determined by the City Council that the territory within said tract 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 12306 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 afore- said 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 Nueces Bay Development, Inc., 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 parcel of land containing.approxom.ately 23. 15 acres out of the former IV. E. Pope Estate Tract located on the north end of Corpus Christi Beach lying approximately 130 feetto the west of U.S. Highway 0181, more particularly described by metes and bounds as follows: BEGINNING 130 feet North 570 52. 00' West of the iron'pipe on the West right -of -way line of U. S. Highway 0181 from which point the intersection of the North right -of -way line of Burleson Street and the West right -of -way line of U. S_ Highway #181 right -of- way line intersect, marked by a three quarters inch iron pin near a flush -type con- crete highway marker, bears South 320 08' West a distance of 3460. 84 feet; THENCE North 570 52' West a distance of 430.00 feet to an iron pipe on the easterly bulkhead line of Canal A for a corner of this parcel; THENCE North 320 OS' East along the easterly bulkhead line of Canal A at a distance of 2095. 49 feet past an iron pin set on line for a reference point- Continuing on the same course a total distance of 2345.49 feet to a point at the intersection of this line with the Nueces County Navigation District #1 North bulkhead line of the Rincon Cana] for a corner of this parcel; THENCE South 570 52' East along Nueces County Navigation District #1 North bulk- head line of the Rincon Canal, a distance of 430. 00 feet for the Northeast corner of this parcel; THENCE South 32' 08' West a distance of 2345.49 feet for a corner of this parcel. -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 Citv 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 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 of 1%GTlJ/X /SZ,�I ATTES Ci ecretar MAYOR THE CITY OF CORPUS CHRISTI, TE AS 27-KAY AY OF ,,City Attor STANDARD FORM ANNEXATION CONTRACT THE STATE OF TEXAS J COUNTY OF NUECES J THIS CONTRACT AND AGREEMENT made and entered into in duplicate originals by and between (1) NUECES BAY DEVELOPMENT, INC. 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 corpora- tion 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 WITNESSETH: 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 extraterri- torial jurisdiction of said City and, 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: Being a parcel of land containing.approxomately 23. 15 acres out of the former W. E. Pope Estate Tract located on the north end of Corpus Christi Beach lying approximately 130 feetto the west of U.S. Highway 0181, more particularly described by metes and bounds as follows: BEGINNING 130 feet North 570 5Z. 00' West of the iron'pipe on the West right -of -way line of U. S. Highway #181 from which point the intersection of the North right -of -way line of Burleson Street and the West right -of -way line of U.S. Highway #181 right -of- way line intersect, marked by a three quarters inch iron pin near a flush -type con- crete highway marker, bears South 320 08' West a distance of 3460. 84 feet; THENCE North 570 52' West a distance of 430. 00 feet to an iron pipe on the easterly bulkhead line of Canal A for a corner of this parcel; • THENCE North 320 08' East along the easterly bulkhead line of Canal A at a distance of 2095. 49 feet past an iron pin set on line for a reference point. Continuing on the same course a total distance of 2345.49 feet to a point at the intersection of this line with the Nueces County Navigation District 01 North bulkhead line of the Rincoa Canal, for a corner of this parcel; THENCE South 570 52' East along Nueces County Navigation District #1 North bulk- head line of the Rincon Canal, a distance of 430. 00 feet for the Northeast corner cf this parcel; THENCE South 320 08' West a distance of 2345.49 feet for a corner of this parcel. 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 Chrisit, 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 amended 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 land. WITNESS OUR HANDS, this the day of October, 1974. ATTEST: Secretary ATTEST: 1ty Secretary APPROVED: DAY OF OCTOBER, 1974: ty Attorney NUECES BAY DEVELOPMENT, INC. By President CITY OF CORPUS CHRISTI By P4arvin Townsen ,City Manager 't • THE STATE OF TEXAS COUNTY OF NUECES BEFORE ME, the undersigned authority, on this day personally appeared C B WOODWARD President of Nueces Bay Development, Inc. known to me to be the person whose name is subscribed to the foregoing contract and stated to me that he signed the foregoing contract for the purposes and consideration therein stated and in the capacity therein stated. SUBSCRIBED AND SWORN TO BEFORE ME this the 9th day of October 1974. NOTARY PUBLIC IN AND FOR NUECES COUNTY, TEXAS THE STATE OF TEXAS COUNTY OF NUECES BEFORE ME, the undersigned authority, on this day personally appeared R. MARVIN TOWNSEND, City Manager of the City of Corpus Christi, known to me to be the person whose name is subscribed to the foregoing contract and stated to me that he signed the foregoing contract for the purposes and consideration therein stated and in the capacity therein stated. SUBSCRIBED AND SWORN TO BEFORE ME, this the day of 1974. NOTARY PUBLIC IN AND FOR NUECES COUNTY, TEXAS .....__...._.. ._....._......... ...:.... 3 � 0 PRO1'oSEO ARC Ao S� Awwr- XED. c� C\l 0 PRESIFNTLY' WITHIN, Cin' LIMI -j5 (x:74 aCIZEs�_ _ 115q.ICo' 5.43 906.32'. .�. PUSi270 KAlC4S70 �CORi'US CIaRl571_;T�:S: � ,J Corpus Christi, Texas day of �� , 19_ 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, LZ=:7- '-7Z� 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 Stark