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HomeMy WebLinkAbout12307 ORD - 10/09/19746 JRR:jkh:10 -8 -74; 1st . . I I . 1 0 TEXAS: AN ORDINANCE RATIFYING AND ACKNOWLEDGING THE CONTRACTUAL ANNEXATION OF THE PROPERTY AS SHOWN IN EXHIBIT "A" ATTACHED, CONSISTING OF APPROXIMATELY 23.15 ACRES, LOCATED BETWEEN HIGHWAY 181 AND CANAL "A ", ALL AS MORE FULLY SET FORTH IN THE CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND THE NUECES BAY DEVELOPMENT, INC., A COPY OF WHICH CONTRACT IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A "; PROVIDING SEVERABILITY; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. The contractual annexation of the hereinafter more fully described tract or parcel, consisting of approximately 23.15 acres, located between Highway 181 and Canal "A ", being the fully subscribed and duly filed contract between the Nueces Bay Development, Inc., 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 hereafter 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 annex to the City of Corpus Christi the aforesaid lands and to declare that they shall hereafter be a part of the corporate limits of the City of Corpus Christi, creates a public emergency and an imperative public necessity requiring the suspen- sion of the Charter rule that no ordinance or resolution shall be passed 12307 finally on the date of its introduction but that said ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor having declared that such emergency 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 its passage, IT IS ACCORDINGLY SO ORDAINED, this the O�'day of October, 1974. ATTEST: C' Secretary MAYOR TH CITY OF CORPUS CHRISTI, TE AP OVED: AY OF OCTOBER, 1974: i d City Attorney STANDARD FORM ANNEXATION CONTRACT THE STATE OF TEXAS II COUNTY OF NUECES II 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 (IAI 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 feet to the west of U.S. Highway '#181, 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 0181 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 #1 North bulkhead line of the Rincon 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 of this parcel; THENCE South 3Zo 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: City Secretary APPROVED: DAY OF OCTOBER, 1974: City Attorney NUECES BAY DEVELOPMENT, INC. By President CITY OF CORPUS CHRISTI By . Marvin Townsend, City Manager 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 b o 0- CQ Xf) -* ; - - - PPZO�'OSED ARr=A -ro B� ANNEXED ACR 's _.0i_, c 0 (23.15 C; A-RrZA-?RE51=-NTLY'WITHIN, CITY. LIM I-rS- (9-.-M-ACRPs) i CC 3 C\l S 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, MAYOR CITY OF CORPUS CHRISTI, TE 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