HomeMy WebLinkAbout14032 ORD - 11/09/1977jkh;11-9 -77; 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 LANTANA CORPORATION (FORMERLY GAS COMPRESSORS, 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 8.173 ACRES, MORE OR LESS, OUT OF
LOT 38, H. B. SHEPPARD FARM LOTS, A SUBDIVISION OF RECORD
IN THE MAP RECORDS OF THE COUNTY CLERK OF 1VUECES COUNTY,
AND BEING A PART OF STATE SURVEY 311, ABSTRACT 816, 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, Lantana Corporation 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 November 2, 1977, 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 proceed-
ings for the annexation of a defined area wholly within the extraterritorial
jurisdiction of the City of Corpus Christi consisting of 8.173 acres, more
or less, out of State Survey 311, Abstract 816, Nueces County, Texas, 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 November 2, 1977; 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 City
Charter Article 1, Sec. 2c; and MICROFILMED
JUL 071990
14032
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. That 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 Lantana Corporation, 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:
A tract of land containing 8.173 acres, more or less,
being the east remainder portion of the former Helen
Dunn 49 acre tract lying east of Viola Road (County
Road 51B) and north of Interstate Highway 37, and
being out of Lot 38 of the H. B. Sheppard Farm Lots,
a subdivision of record in Map Book A on page 51 of
the Map Records of the County Clerk of Nueces County,
Texas; and being a part of State Survey 311, Abstract
816; and the 8.173 acres, more or less, being described
by metes and bounds as follows:
BEGINNING at a 1/2" iron rod set flush with the ground
by the county surveyor July, 1961, in the south boundary
line of right of way of Up River Road, from which the
Northeast corner of said Helen Dunn 49 acre tract bears
N. 0 deg. 28' W. 32.9 ", for the Northeast corner of this
tract;
THENCE S. 00 deg. 28' 34" E..953.74', more or less, along
the east boundary of said Helen Dunn 49 acre tract to a
point in the North right of way of Interstate Highway 37,
for the Southeast corner of this tract;
THENCE along the north boundary of Interstate Highway 37
N. 64 deg. 47' 27" W. 389.39' to a point;
THENCE N. 20 deg. 24' 32" W. 114.02' to a point in the
east boundary of Viola Road;
THENCE N. 00 deg. 48' 20" E. 789.66' along the east
boundary of right of way of Viola Road to a 1/2 inch
iron rod;
THENCE N. 54 deg. E. 45', more or less, to a 112 inch
iron rod in the south boundary of right of way of Up River
Road;
THENCE S. 66 deg. 16' E. 372', more or less, along the
south boundary of Up River Road to the place of beginning;
containing an area of 8.173 acres, more or less, and
being the same property described in Warranty Deed from
Katie Dunn et al to Daniel D. Meaney et ux dated March 1,
1969, recorded in Vol. 1318, page 17, Deed Records of
Nueces County, Texas.
-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 hereafter a part of the City of Corpus Christi, subject
to the general laws of the State of Texas, the City Charter, and the ordi-
nances, 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 terri-
tory 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 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 fact that the above named landowner 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, andthe 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 (fect fro d after its passage, IT IS ACCORDINGLY
SO ORDAINED, this the 7 day of 1977.
ATTEST:
,6g 'et
a
Cily Secretary MAY
THE CITY OF CORPUS CHRISTI, TEXAS
AP VED:
DAY OF NOVEMBER, 1977:
J. BRUC YCOC CITY ATTORNEY
By
Assistant C
STANDARD FORM ANNEXATION CONTRACT
THE STATE OF TEXAS II
COUNTY OF NUECES I
This Contract and Agreement made and entered into in duplicate
originals by and between the Lantana Corporation, hereinafter 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 conditions hereinafter
stated:
W I T N E S S E T H :
That Owner is owner 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 juris-
diction of said City and, in whole or in part, within three hundred (300)
feet of the City's present corporate limits, generally delineated on the
map attached hereto and marked Exhibit "A ", and being more particularly
described as follows, to -wit:
A tract of land containing 8.173 acres, more or less,
being the east remainder portion of the former Helen
Dunn 49 acre tract lying east of Viola Road (County
Road 51B) and north of Interstate Highway 37, and
being out of Lot 38 of the H. B. Sheppard Farm Lots,
a subdivision of record in Map Book A on page 51 of
the Map Records of the County Clerk of Nueces County,
Texas; -and being a part of State Survey 311, Abstract
816; and the 8.173 acres, more or less, being described
by metes and bounds as follows:
BEGINNING at a 1/2" iron rod set flush with the ground
by the county surveyor July, 1961, in the south boundary
line of right of way of Up River Road, from which the
Northeast corner of said Helen Dunn 49 acre tract bears
N. 0 deg. 28' W. 32.9 ", for the Northeast corner of this
tract;
THENCE S_ 00 deg. 28' 34" E. 953.741, more or less, along
the east boundary of said Helen Dunn 49 acre tract to a
point in the North right of way of Interstate Highway 37,
for the Soutbeast corner of this tract;
THENCE along the north boundary of Interstate Highway 37
N. 64 deg. 47' 27" W. 389.39' to a point;
THENCE N. 20 deg. 24' 32" N. 114.02' to a point in the
east boundary of Viola Road;
THENCE N. 00 deg. 48' 20" E. 789.66' along the east
boundary of right of way of Viola Road to a 1/2 inch
iron rod;
THENCE N. 54 deg. E. 45', more or less, to a 1/2 inch
iron rod in the south boundary of right of way of Up River
Road;
THENCE S. 66 deg. 16' E. 372', more or less, along the
south boundary of Up River Road to the place of beginning;
containing an area of 8.173 acres, more or less, and
being the same property described in Warranty Deed from
Katie Dunn et al to Daniel D. Heaney et ux dated March 1,
1969, recorded in Vol. 1318, page 17, Deed Records of
flueces County, Texas.
40.
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_
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 the day of
1977_
ATTEST:
Secretary
ATTEST:
City Secretary
T A VED:
DAY 0 , 1977:
J. BRUCE CITY ATTORNEY
By
Assistant Cit�orney
LANTANA CORPORATION
By
PRESIDENT
CITY OF CORPUS CHRISTI
By
R. Marvin Townsend, City Manager
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Corpus Christi, Texas
tday of 191 -L
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 suspension 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 ordinance
finally on the date it is introduced, or at the present meeting of the City
Council.
Respectfully,
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
The Charter rule was suspended by th following vote:
Jason Luby
Eduardo de Ases
David Diaz
Ruth Gill
Bob Gulley
Gabe Lozano, Sr.
Edward L. Sample _. _ ----
._
The above ordinance was passed by ttollowing te:
Jason Luby
Eduardo de Ases
David Diaz
Ruth Gill
Bob Gulley
Gabe Lozano, Sr. Edward L. Sample
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