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HomeMy WebLinkAbout03227 ORD - 03/18/19523a a7 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TEXAS, TO EXECUTE, FOR AND ON BEHALF OF SAID CITY, AN AGREEMENT WITH BEVLY AND JANSSEN t DEVELOPMENT CORPORATION THAT A TRACT OF LAND CONTAINING THIRTY FOUR AND THREE TENTHS (34.3) ACRES, AS MORE PARTICULARLY DESCRIBED HEREIN SHALL BE INCLUDED WITHIN THE BOUNDARIES OF THE CITY CONDITIONED UPON PERFORMANCE OF THE EXPRESS COVENANTS AS CONTAINED IN SAID AGREEMENT WHICH IS MADE A PART HEREOF; AND DECLARING.AN EMERGENCY. WHEREAS, BEVLY AND JANSSEN DEVELOPMENT CORPORATION IS THE OWNER OF THE FEE SIMPLE TITLE TO THE PROPERTY • HEREIN DESCRIBED, WHICH ADJOINS THE CITY LIMITS OF THE CITY OF CORPUS CHRISTI, TEXAS; AND WHEREAS, THERE ARE NO RESIDENT VOTERS WITHIN THE AREA DESCRIBED; AND WHEREAS, THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI DEEM SUCH ACTION OF INCORPORATION OF SUCH PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF CORPUS CHRISTI, TEXAS, TO BE IN THE BEST INTEREST OF THE SAID CITY OF CORPUS CHRISTI, TEXAS; WHEREAS, SUCH TERRITORY, WHEN SO ADMITTED INTO THE CITY SHALL BEAR ITS PROPORTIONATE PART OF ALL TAXES LEVIED BY THE CITY AND ITS RESIDENTS SHALL HAVE ALL THE PRIVILEGES AND BE SUBJECT TO ALL THE DUTIES OF OTHER RESIDENTS OF SUCH CITY; 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 BE AND HE IS HEREBY AUTHORIZED AND DIRECTED TO EXECUTE FOR AND ON BEHALF OF THE CITY AN AGREEMENT WITH BEVLY AND JANSSEN DEVELOPMENT CORPORATION, A COPY OF WHICH AGREE- MENT IS ATTACHED HERETO AND MADE A PART HEREOF, AND READING AS FOLLOWS, TO -WIT: �a a� THE STATE OF TEXAS COUNTY OF NUECES THIS CONTRACT AND AGREEMENT ENTERED INTO IN DUPLICATE BY AND BETWEEN BEVLY AND JANSSEN DEVELOPMENT CORPORATION OF THE COUNTY OF NUECES, STATE OF TEXAS, AND THE CITY OF CORPUS CHRISTI, TEXAS,'A MUNICIPAL CORPORATION, WITNESSETH: THAT BEVLY AND JANSSEN DEVELOPMENT CORPORATION 13 OWNER IN FEE SIMPLE OF THE FOLLOWING DESCRIBED PROPERTY, LOCATED 114 NUECES COUNTY, TEXAS, AND ADJOIN- ING THE CORPORATE LIMITS OF THE CITY OF CORPUS CHRISTI, TEXAS, AND ADJACENT TO WINDSOR PARK, UNIT No. 2, TO -WIT: BEGINNING AT A P03N7 SAME BEING IN THE CENTER LINE OF GOLLIHAR ROAD AND ALSO BEING A COMMON CORNER WITH WINDSOR PARK UNIT N0. 2 FOR THE BEGINNING OF THIS DESCRIPTION; THENCE N 29° E ALONG THE SOUTHERN BOUNDARY LINE OF WINDSOR PARK UNIT N0. 2 A DISTANCE OF 2640 FEET TO A POINT IN THE CENTER OF SO. ALAMEDA STREET,SAME BEING A COMMON CORNER WITH WINDSOR PARK UNIT ND. 2; THENCE ALONG THE CENTER LINE OF S0. ALAMEDA STREET S 61° E A DISTANCE OF 566 FEET TO •A POINT; THENCE S 29° W A DISTANCE OF 2644 FEET TO A POINT IN THE CENTER LINE OF GOLLIHAR ROAD; THENCE N 61bfE ALONG THE CENTER LINE OF GOLLIHAR ROAD A DISTANCE OF 566 FEET TO THE POINT OF BEGINNING, CONTAINING ALL 34.3 ACRES OF LAND. THERE ARE NO RESIDENT VOTERS IN THE ABOVE DESCRIBED TERRITORY. SIT IS THEREFORE AGREED BY AND BETWEEN THE PARTIES HERETO, BEVLY AND JANSSEN DEVELOPMENT CORPORATION AND THE CITY OF CORPUS CHRISTI, TEXAS, THAT THE ABOVE DESCRIBED TERRITORY SHALL BE INCLUDED WITHIN THE BOUNDARIES,OF SAID CITY OF CORPUS CHRISTI, TEXAS, AND SHALL BECOME A PART THEREOF UPON THE PERFORMANCE OF THE EXPRESS COVENANTS HEREINAFTER CONTAINED: THE SAID BEVLY AND JANSSEN DEVELOPMENT CORPORATION AGREE TO THE FOLLOWING EXPRESSED CONDITIONS TO THE ADMISSION OF THE ABOVE DESCRIBED TERRITORY INTO THE CITY OF CORPUS CHRISTI, TEXAS: 1. THAT THEY,.THE OWNER OF SAID TERRITORY, WILL HAVE A PLAT OF SUB- DIVISION OF SAID TERRITORY CONFORM WITH THE PLATTING ORDINANCE OF THE CITY OF CORPUS CHRISTI, TEXAS. , 2. THAT ANY DEVELOPMENT OF SAID TERRITORY WILL COMPLY WITH THE ,STANDARDS OF IMPROVEMENTS REQUIRED BY THE DEPARTMENTS OF PUBLIC WORKS AND THE { ZONING AND PLANNING COMMISSION OF THE CITY OF CORPUS CHRISTIS TEXAS, INCLUDING SIDEWALKS ON BOTH SIDES OF STREET, LOCATED IN ANY SUBDIVISION CARVED OUT OF SUCH TERRITORY. 3. THAT THEY' THE OWNER OF SAID TERRITORY, AGREE THAT IN THE DEVELOPMENT OR SUBDIVISION OF ANY SUCH TERRITORY THEY WILL CONFORM TO 'RiE POLICY FOR THE DEDICATION OF PARK AREA ESTABLISHED BY THE CITY OF CORPUS CHRISTI, TEXAS. 11. THAT THE OWNER OF SAID TERRITORY UNDERSTAND AND AGREE THAT SUCH ANNEXATION OF SUCH TERRITORY BE SUBJECT TO THE CAPACITY OF THE SEWER SYSTEM TO PERMIT CONNECTION OF THE PROPERTY IN SAID TERRITORY TO SUCH SYSTEM OF THE CITY OF CORPUS CHRISTI AND THE CAPACITY OF THE SEWAGE DISPOSAL PLANT TO ACCOMODATE SUCH ADDITIONAL LOAD; THE DETERMINATION OF SUCH CAPACITY TO BE MADE SOLELY BY THE DIRECTOR OF PUBLIC WORKS AND HIS DECISION SHALL BE BINDING UPON THE SAID OWNER. 5. THAT ALL OF THE ABOVE CONDITIONS WILL BE BINDING UPON THE HEIRS, EXECUTORS, ADMINISTRATORS AND ASSIGNS OF THESAID BEVLY AND JANSSEN DEVELOPMENT CORPORATIONS OR EITHER OF THEM, AND SHALL CONSTITUTE COVENANTS RUNNING WITH THE LAND. WITNESS OUR HANDS AS OF THE DAY OF A. D. 1952. ATTEST: SEVLY AND JANSSEN DEVELOPMENT CORPORATION ATTEST: W. M. BEVLY, PRESIDENT CITY OF CORPUS CHRISTI, TEXAS CITY SECRETARY CITY MANAGER APPROVED AS TO LEGAL FORM: CITY ATTORNEY SECTION 2. THAT THE SHORTAGE OF SUITABLE BUILDING SITES FOR THE ERECTION OF MEDIUM PRICED HOMES WITHIN THE CORPORATE LIMITS OF THE CITY 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 INTRODUCTIONS AND 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, AND HAVING REQUESTED THAT SUCH CHARTER RULE BE SUSPENDED 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. PASSED AND APPROVED, THIS THE lf- DAY OF A. D. 1952. MAYO CITY OF CORPUS CHRISTI, TEXAS /151TES ��- CITY SECRETARY APPR TO LEGAL FORM: CITY ' AflrORNEY Corpus Christi, Texas TO TkIE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas Gentlemen: 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, hereby 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, I MAYOR IrlVll City of Corpus Christi, Texas The Charter rule was suspended by the following vote: Leslie Wasserman L�f/ Jack DeForrest _ Sydney E. Herndon George L. Lowman_ Frank E. Williamson The above ordinance was passed by the following vote: Leslie Wasserman Jack DeForrest U Sydney E. Herndon George L. Lowman �G Frank E, Williamson�i _ 3 aa�7