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Home My WebLink About15088 ORD - 08/29/1979JD:vp:7/27/79:1st AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND N.B.CHILES, A TRUE COPY OF SAID CONTRACT BEING ATTACHED 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 -ACRE TRACT OF LAND, MORE OR LESS, PLATTED AS LOT 6, BLOCK 1, SOUTH SARATOGA 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, Mr. N. B. Chiles is the owner in fee simple, of a, 10 -acre tract of land, platted as Lot 6, Block 1, South Saratoga Acres, according to map or plat recorded in Vol. 40, page 140, 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 juris- diction; 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 August 15, 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. 970, 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 as hereinafter set forth, at which all interested persons were afforded an oppor- tunity to be heard, and by motion duly made, seconded and carried the said hearing was closed August 15, 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 con- stitutes lands and territories subject to contractual annexation as provided by the City Charter Article I, Section 2b; and WHEREAS, Mr. N. B. Chiles has agreed to install a sewer main within the Saratoga Boulevard right of way, which shall extend from a point where his property abuts this right of way, a distance of apbroximately 46►� �^ C 0 LMEL . k)Pi 'y 15088 `, 1000 feet in an easterly direction along the south right of way line of Saratoga Boulevard, to connect with an existing sanitary sewer manhole; 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: 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 Mr. N. B. Chiles, 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 -acre tract of land, platted as Lot 6, Block 1, South Saratoga Acres, according to map or plat recorded in Vol. 40, page 140, Map Records of Nueces County, Texas, and being further described as 2001 Saratoga, 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 territory 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. -2- 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 ordi- nance 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 that such emergency and necessity 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 4,2 4,7 day of Augu t, 1979. 1 ATTEST: APPROVED: 'may DAY OF AUGUST, 1979: J. BRUCE AYCOCK, CITY ATTORNEY E CITY OF CORPUS CHRISTI, TEXAS CONTRACT OF ANNEXATION THE STATE OF TEXAS 0 COUNTY OF NUECES 9 THIS CONTRACT AND AGREEMENT made and entered into in duplicate originals by and between N. B. Chiles , 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 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 con- ditions hereafter stated, WITNESSETH: That Owner(s) is/are owner(s) in fee simple and of all existing rights, titles and interests therein of all the following described property located in Nueces County, Texas, generally delineated on the map attached hereto and marked "Exhibit A" and being more particularly described as follows, to -wit: Lot 6, Block 1 South Saratoga -Acres, according to the map or plat recorded in Volume 40, Page 140, Map Records of Nueces County, Texas, and being fur- ther described as 2001 Saratoga Boulevard, situated in Nueces County, Texas. Such property is situated partly or wholly beyond the corporate limits of the City of Corpus Christi, and, further, such property is not prin- cipally used for port -related industry, as defined by Section 55-111, as amended, of the Code of Ordinances, City of Corpus Christi. II City agrees to deliver City water to such property or to waterlines thereon, in accordance with Rules and Regulations promulgated and authorized by Section 55-111, as amended, of the Code of Ordinances, City of Corpus Christi. III Owner(s) agree(s) to construct all improvements on such property in accordance and compliance with all City Codes and regulations and to ob- tain all City permits. Owner(s) consent(s) to allow inspections of all of such construction by duly authorized inspectors or representatives of City departments charged with enforcement of said Codes and regulations. Owner(s) .agree(s) that as to any improvements the applicable Codes and regulations shall be those in effect at the time of commencement of such improvements. IV Owner(s) agree(s) to install at his/their own expense an 8 inch ,gravity flow sewer main in accordance plans and specifications approved by the City's Department of Engineering and Physical Development. This sewer main shall be installed within the Saratoga Boulevard right of way from a point where said tract abuts this right of way and shall extend to and con- nect with an existing sanitary sewer manhole located approximately 1000 feet east along the existing south right of way line of Saratoga Boulevard. This sewer main shall be approved and installed no later than 120 days from the execution of this agreement. V IT IS AGREED by and between the parties hereto that the above des- cribed land and territory shall be included within the corporate boundaries of the City of Corpus Christi, and shall become a part thereof, subject to the terms of Article I, Section 2 of the City Charter of Corpus Christi, as amended. VI Owner(s) agree(s) and understand(s) that a breach of the aforesaid covenants and conditions shall render Owner(s) liable to termination of the delivery of water, and upon a finding of fact by the City Council that any of the aforesaid covenants or conditions have been materially breached, the delivery of water to owner shall be terminated. VII All connections to the City water system shall be subject to the same rules and regulations regarding standards of delivery of water service, including installation and disconnections for failure to pay charges, as consumers within the City limits. VIII IT IS AGREED by and between the parties hereto that all of the above conditions shall be binding upon the successors and assigned of the said Owner(s) and each of them, and shall constitute covenants running with the land. WITNESS OUR HAND, this day of , 19 _CITY OF CORPUS CHRISTI, TEXAS OWNER(S) By City Manager (Capacity) ATTEST: ADDRESS: City Secretary (Capacity) APPROVED: ADDRESS: City Attorney (Capacity) ADDRESS: (Capacity) THE STATE OF TEXAS COUNTY OF NUECES II BEFORE ME, the undersigned authority, on this day personally appeared , City Manager of the City of Corpus Christi, Texas, a municipal corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknow- ledged to me that he executed the same as the act and deed of said City of Corpus Christi for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of , 19 Notary Public In and For Nueces County, Texas THE STATE OF TEXAS 1 COUNTY OF NUECES BEFORE ME, the undersigned authority, on this day personally ap- peared N. B. Chiles , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of , 19 . Notary Public In and For Nueces County, Texas Nr MST COR•Oli I.OT a,sGc1. 1+¢TUE SIJOIZTM COK..OF LOT 1,9044%14. GOFILMLA1J co1.014Y LAUDS. 640.00' g 561'32'00"E. 345.7 /4:Z917r'•�c'5----- 1 sARAT' A SLYo 4,41 a k1 ,$ N I �., % t, c\I .7-", -• r 0 .NI 'S' 1 LOT -6 -, (I) BLOCK- / " k 0 LO—,r 1 S, 4 I I C a �) N 61.32'00'IN 34571 LOT 2. 200 0' NOTE: 5Q../.R. AT ALL LOT CORNERS CONTAINS /O.O ACRES REFBRENCEPOI NTS I"/.R. BURIED 1.0' DEEP Corpus Christi, Texas day of , 1917 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. The Charter rule was Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky Respectfully, MAYOR THE CIT F CORPUS CHRISTI, TEXAS suspended 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: 5088