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Home My WebLink About15089 ORD - 08/29/1979/,-L7-/9 i tS AN ORDINANCE ANNEXING A 10 -ACRE TRACT, PLATTED AS LOT 6, BLOCK 1, SOUTH SARATOGA ACRES, ACCORDING TO MAP RECORDS OF NUECES COUNTY, TEXAS, VOL. 40, PAGE 140, PURSUANT TO ARTICLE 97Oa, V.A.C.S., TEXAS, AS AMENDED, AND CITY CHARTER, ARTICLE I, SECTION 2(b); PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. WHEREAS, on August 15, 1979, 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 Article 97Oa, V.A.C.S., Texas, as amended, for the consideration of institution of pro- ceedings for the annexation of a tract of land more fully described herein- after, in Nueces County, Texas, 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 on August 15, 1979; and WHEREAS, it has been determined by the City Council that the territory within said tract or parcel of land abuts and is contiguous to the City of Corpus Christi and constitutes lands and territories subject to contractual annexation as provided by City Charter, Article I, Section 2(b); and WHEREAS, Mr. N. B. Chiles, owner of the said land is desirous of contracting with the City for the annexation of said territory to the City of Corpus Christi; 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 approxi- mately 1000 feet in an easterly direction along the south right of way line of Saratoga Boulevard, to connect with an existing sanitary sewer manhole; 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 area hereinafter more fully described: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the following described tract of land, as set forth in Exhibit "A" attached, being a f vexation contract between 15089=`�'1980 the City of Corpus Christi and N. B. Chiles, is hereby annexed, said tract or parcel being more fully described as follows: Being a 10 -acre tract, platted as Lot 6, Block 1, South Saratoga Acres, according to map or plat recorded in Volume 40, page 140, Map Records of Nueces County, Texas, and being further described as 2001 Saratoga, situated in Nueces County, Texas. The above described area 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 land and to declare that the same shall here- after be a part of the corporate limits of the City of Corpus Christi, 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, 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 c27 day of August, 1979. ATTEST: City Secretor /;,�,E APPROVED:Z% %7 % J. BRUCEYCO�CITY ATTORNEY By ssistant Cit ; rney MA -IR THE CIT FOF CORPUS CHRISTI, TEXAS CONTRACT OF ANNEXATION THE STATE OF TEXAS 0 COUNTY OF NUECES 0 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. 1 WITNESS OUR HAND, this day of , 19 CITY OF CORPUS CHRISTI, TEXAS OWNER(S) 4 By City Manager (Capacity) ATTEST: ADDRESS: City Secretary (Capacity) APPROVED: ADDRESS: City Attorney (Capacity) ADDRESS: (Capacity) THE STATE OF TEXAS 1 COUNTY OF NUECES 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 II COUNTY OF NUECES 1 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 Gast cox.o>; i.or 6, sGcY. 1.9.. it -fug. 130;zfl4 C -.044 --OP Lor 1,5r -cf. 14. OomzM1aW coLco4Y LAUDS. • _ SARATOc A BL -.YD. s3 S61'32'0o°E 3457 GGO.Oo' 25'ac. 4 I • LOT- 6 1 BLOCK- / L:% 1 1 324.L. _io'U•E•� _r• S Z912010071/ /26000 1461'32'OONW 3071 LOT Z ?00 0' NOTE. R. AYALG LOT' CORNERS CONTA/NS /0.0 ACRES • REFERENCE POINTS 1-1.R. BURIED 1.0 -DEEP Corpus Christi, T 029 day of 19 %9 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, MAYO THE CIT OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky 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: .15089