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Home My WebLink About14945 ORD - 06/06/1979• jkh:6-4-79;1st, AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND AL DIONNE AND DALE FALTER, A TRUE COPY OF. SAID CONTRACT BEING AT- TACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A", AND INCLUDING EXHIBITS THERETO, AS THOUGH FULLY SET FORTH HEREIN,.AFTER DUE NOTICE AND HEARING, FOR THE ANNEXATION OF A 10.99 -ACRE TRACT OF LAND, MORE OR LESS, PLATTED AS LOT 1, BLOCK 1, SOUTH CLARKWOOD ACRES; FINDING ALL OF SAID LAND 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, Al Dionne and Dale Falter are the owners in fee simple, of a 10.99 -acre mobile home park, platted as Lot 1, Block 1, South Clarkwood Acres, according to map or plat recorded in Vol. 36, page 121, Map Records of Nueces County, Texas, said tract or parcel of land adjoining, contiguous and adjacent to the City of Corpus Christi and wholly within its extraterritorial, jurisdiction; and WHEREAS, the said owners are desirous of contracting with the City for the annexation of said territory to the City of Corpus Christi; and WHEREAS, on May 23, 1979, a public hearing was duly held at the Regular Council 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 defined area wholly within the extraterritorial jurisdiction of the City of Corpus Christi, 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 May 23, 1979; and WHEREAS, it has been determined by the City Council that the territory within said tract or parcel of land, now proposed to be annexed, abuts and is contiguous and adjacent to the City of Corpus Christi and constitutes lands and territories subject to contractual annexation as pro- vided by the City Charter Article I, Section 2c; and 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 lands and territory hereafter described: 14945 MICROFILMED 'JUL 0 81980 • 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 execute a contract between the City of Corpus Christi and Al Dionne and Dale Falter, a true copy of which said 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 10.99 -acre mobile home park, platted as Lot 1, Block 1, South Clarkwood Acres, according to map or plat recorded in Vol. 36, page 121, Map Records of Nueces County, Texas, and being further described as 716 S. Clarkwood Road, situated in Nueces County, Texas. The hereinabove described land, subject to execution of said contract and adoption of annexation ordinance, will be admitted into the City of Corpus Christi as an integral part thereof, said territory to be a part of the City of Corpus Christi, subject to the general laws of the State of Texas, the City Charter, and the ordinances, resolutions, motions and regulations of the City of Corpus Christi, Texas; said described terri- tory shall thereafter 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 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 landowners desire 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 -2- • • 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 ATTEST: day of June, 1979. APPROVED: DAY OF JUNE, 1979: J. BRUCE AYCOCK, CITY ATTORNEY r► Y OF CORPUS CHRISTI, TEXAS 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 Al Dionne and Dale Falter, hereinafter called "Owners", 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: WITNESSETH: 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 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: Being a 10.99 -acre mobile home park, platted as Lot 1, Block 1, South Clarkwood Acres, according to map or plat recorded in Vol. 36, page 121, Map Records of Nueces County, Texas, and being further described as 716 S. Clarkwood Road, situated in Nueces County, Texas. 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 Owners and each of them, and shall consti- tute covenants running with the land. CITY LIMIT LINE Exit Corpus Christi, Teas /p day of '!j/Lp 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 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, The Charter rule was suspend Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky THE Y OF CORPUS CHRISTI, TEXAS by the following vote: The above ordinance was passed Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky by the following vote: a9,15