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Home My WebLink About03576 ORD - 10/28/1953AN ORDINANCE N0. 3576 AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI TO EXECUTE FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI A CONTRACT WITH ROY SMITH HOMES, INC., A CORPORATION OF THE COUNTY OF NUECES, STATE OF TEXAS, IN CONNECTION WITH THE ANNEXATION OF A 23.73 ACRE TRACT OUT OF LOTS 1 AND 2, SECTION 3, FLOUR BLUFF AND ENC.INAL FARM AND GARDEN TRACTS, NUECES COUNTY, TEXAS, TO BE KNOWN AS MOUNT VERNON SUBDIVISION UNIT I TO THE CITY OF CORPUS CHRISTI, TEXAS, AS SHOWN BY MAP OF RECORD IN THE OFFICE OF THE COUNTY CLERK OF NUECES COUNTY, TEXAS, ADJOINING THE CORPORATE LIMITS OF THE CITY OF CORPUS CHRISTI; AND DECLARING AN EMERGENCY. WHEREAS, ROY SMITH HOMES, INC., A CORPORATION OF THE COUNTY OF NUECES, STATE OF TEXAS, IS THE OWNER IN FEE SIMPLE OF THE PROPERTY DESCRIBED HEREIN WHICH ADJOINS THE CITY OF CORPUS CHRISTI; AND WHEREAS, THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI DEEMS SUCH ACTION OF INCORPORATION OF SUCH PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF CORPUS CHRISTI TO BE IN THE BEST INTEREST OF THE CITY OF CORPUS CHRISTI; AND WHEREAS, SUCH TERRITORY, WHEN SO ADMITTED INTO THE CITY, SHALL BEAR ITS PROPORTIONATE PART OF ALL TAXES LEVIED BY THE CITY AND ITS INHABITANTS SHALL HAVE ALL THE PRIVILEGES AND BE SUBJECT TO ALL THE DUTIES OF THE OTHER INHABITANTS OF THE 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 TO EXECUTE FOR AND ON BEHALF OF THE SAID CITY OF CORPUS CHRISTI A CONTRACT WITH ROY SMITH HOMES, INC., A CORPORATION OF THE COUNTY OF NUECES, STATE OF TEXAS, A COPY OF WHICH CONTRACT IS ATTACHED HERETO AND MADE A PART HEREOF, AND READS AS FOLLOWS: �5 -70 111E STATE OF TEXAS COUNTY OF NIJECES THIS CONTRACT AW AGREEMENT ENTERED INTO IN DUPLICATE BY AND BETWEEN ROY S141TH WNES, INC., A CORPORATION, OF THE COUNTY Of NUEtES, STATE of TEXAS, AND THE CITY OF CORPUS CHRISTI, TEXAS, A MUNICIPAL CORPORATION, WITNES5ETH: THAT ROT SMITH HOMES, INC., A CORPORATION, IS OWNER IN FEE SIMPLE l OF THE FOLLOWING DESCRIBED PROPERTY LOCATED IN NUECES COUNTY, TEXAS, AND ADJOINING THE CORPORATE LIMITS OF THE CITY Of CORPUS CHRISTI, TEXAS, TO -WITT BEGINNING AT A 5/5" IRON ROD SET AT THE INTERSECTION OF THE CENTER LINE OF Mc ARDLE ROAD WITH IW CENTER LINE Of EVERHART ROAD, WHICH POINT f5 THE COMMON CORNER OF LOTS 1 AND Zr (ISO F RM TRACTS AND SECTIONS 2 AND 3 OF THE FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, AND ALSO THE NORTH CORNER OF LOT 1, SECTION 3: FLOUR BLUFF & ENCINAL FARM & GARDEN TRACTS AND THE NORTH CORNER OF THE TRACT HEREIN BEING DESCRIBED; THENCE WITH THE CENTER LINE OF MCiIRDLE ROAD, AND ALSO THE NORTHEAST LINE OF SECTION 3, FLOUR BLUFF & ENCINAL FARM & GARDEN TRACTS, SOUTH 60 DEGREES, 59 MINUTES, AND iii SECONDa EAST, AT 660.0 FEET PASS THE EAST CORNER OF LOT It AND THE NORTH CORNER OF LOT 2, BOTH OF SECTION 3, FLOUR BLUFF & ENCINAL FARM & GARDEN TRACTS, 1% ALL A DISTANCE OF 1320.0 FEET TO THE EAST CORNER DF LOT 2, SECTION 3, FLOUR BLUFF & ENCINAL FARM & GARDEN TRACTS, FOR THE EAST CORNER OF THIS TRACT; THENCE WITH THE BOUNDARY LINE BETWEEN LOTS 2 AND 3, SECTION 3, FLOUR BLUFF & ENCINAL FARM & GARDEN TRACTS, SOUTH 29 DEGREES AND 00 MINUTES WEST, 792.27 ftET TO A POINT FOR THE SOUTH CORNER OF THIS TRACT; TKNCE WITH THE SOUTHWEST LINE OF THIS TRACT NORTH 60 DEGREES, 57 MINUTES, AND 30 SECONDS WEST, AT 660.0 FEET CROSS THE BOUNDARY BETWEEN LOTS 2 AND 1, SECTION 3, FLOUR BLUFFF,,. .. ENCINAL FARM & GARDEN TRACTS, IN ALL A DISTANCE OF 780.53 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT WHOSE `CENTRAL ANGLE IS 9 DEGREES, 48 MINUTES, WHOSE RADIUS IS 814.50 FEET, AND WHOSE LENGTH IF 139.31 FEET; THENCE CONTINUING WITH THE SOUTHWEST LINE OF THIS TRACT ALONG SAID CURVE TO THE RIGHT IN A NORTHWESTERLY DIRECTION, 139„31 FEET TO THE POINT OF TANGENCY; THENCE CONTINUING WITH THE SOUTHWEST LINE OF THIS TRACT NORTH 51 DEGREES, 09 MINUTES, AND 30 SECONDS WEST, 58.34 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT WHOSE ` CENTRAL ANGLE IS 9 DEGREES AND 48 MINUTES, WHOSE RADIUS IS 526 +77 FEET, AND WHOSE LENGTH IS 90.10 FEET; THENCE tONTINUING WITH THE SOUTHWEST LINE OF THIS TRACT ALONG SAID CURVE TO THE LEFT IN A NORTHWESTERLY DIRECTION, 9M0 FEET TO THE POINT OF TANGENCY; THENCE CONTIMUINGI WITH THE SOUTHWEST TINE OF TNIS TRACT NORTH 60 DEGREES, 51, MINUTES, AND 30 SECONDS WEST, 253.11 FEET TO A POINT IN THE CENTER LINE OF EvERHART ROAD, WHICH POINT NS ON THE BOUNDARY LINE BETWEEN LOT 1, SECTION 3, FLOUR BLUFF & EMCINAL FARM & GARDEN TRACTS AND LOT 2, DSO FARM LOTS, FOR THE WEST CORNER OF THIS TRAC -1; THENCE bITH THE CENTER LINE OF EVERHART ROAD, AND ALSO THE BOUNDARY BETWEEN LOT 1, SECTION 3, FLOUR SLUFF & ENCINAL FARM & GARDEN TRACTS AND LOT 2 OSD F -RM LOTS, NORTH 29 DEGREES AND 00 MINUTES EAST 762.00 FEET TO THE NORTH CORNER AND PLACE OF DEGINNING OF THIS TRACT CONTAINING 23.73 ACRES MORE OR LESS. THERE ARE NO RESIDENT VOTERS IN THE ABOVE DESCRIBED TERRITORY. IT 15, THEREFORE, AGREED BY AND BETWEEN THE PARTIES HERETO, RDX')SMITH HOMES, INC., A CORPORATION, AND THE CITY OF CORPUS CHRISTI, TE XAS, THAT THE ABOVE DESCRIBED TERRITORY SHALL SE INCLUDED WITHIN THE BOUNDARIES OF SAID CITY OF CORPUS CHRISTI, TEXAS, AND SHALL BECOME A PART THEREOF UPON THE PERFORMANCE OF THE EMPRESS COVENANTS HEREINAFTER CONT;A NED7 1. THAT 1T, THE OWNER OF SAID PROPERTY, WILL HAVE A PLAT OF SAID TERRITORY CONFORM WITH THE PLATTING ORDINANCE OF THE CITY Of CORPUS CHRISTI, TEXAS, ANo THE REQUIREMENTSTOF THE ZONING AND PLANNING COMMISSION. . THAT ANY DEVELOPMENT OF SAID TERRITORY WILL COMPLY WITH THE STAN- DARDS OF IMPROVEMENTS REQUIRED BY THE DEPARTMENT OF PUBLIC WORKS AND THE ZONING AND PLANNING COMMISSION OF THE CITY OF CORPUS CHRISTI,, INCLUDING PAVING OF ALL STREETS AND INSTALLATION OF SIDEWALKSS CURBS AND GUTTERS. 3. THAT ALL IMPROVEMENTS REQUIRED SMALL BE SUBJECT TO APPROVAL AND ACCEPTANCE 8Y THE DIRECTOR OF PUBLIC WORKS. THERE SHALL BE NO OBLIGATION ON THE CJTY FOR MAINTENANCE UNLESS ALL IMPROVEMENTS ARE ACCEPTED BY THE DIRECTOR OF PUBLIC WORKS. NO BUILDINGS SHALL BE COMMENCED WITHOUT FIRST OBTAINING BUILDING PERMIT, PAYING FEE THEREFOR, COMPLYING WITH CITY ORDINANCE REQUIREMENTS AND SUBJECT TO CITY INSPECTION AND APPROVAL. 4. THAT IT, THE OWNER OF SAID TERRITORY, AGREES THAT IN THE DEVELOP- MENT OR SUBDIVISION DF ANY OF SUCH TERRITORY IT WILL CONFORM TO THE POLICY FOR THE DEDICATIO14 OF PARK AREA ESTABLISHED BY THE CITY OF CORPUS CHRISTI, TEXAS, AND AS REQUIRED BY THE ZONING AND PLANNING COMMISSION OF THE CITY OF CORPUS CHRISTI, TEXAS. 5. THAT THE OWNER OF SAID TERRITORY UNDERSTANDS AND AGREES 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 ACCOMMODATE SUCH ADDITIONAL LOAD, THE DETERMINATION OF SUCH CAPACITY TO BE MADE SOLELY BY -2- THE DIRECTOR OF PUBLIC WORKS AMD HIS DECISION SNALL BE BiNDiNG UPON THE SAID OWNER. 6. THAT ALL Of THE ABOVE CONDITIONS WILL BE BINDING WON THE SUCCESSORS AND ASSIGNS Of THE SAIB Roy SMITH HOMES, INC., A CORPORATION, ANA SHA ;L CONSTITUTE COVENANT$ RUNNING WITH THE LAND. WITNESS OUR HANDS TN43 DAY Of i 1953- ATTEST: ECRETARY ATTEST: ITT SECRETARY APPROVED AS TO LEAAL FORM: CIyY ATTORNEY ROY SMITH HOMES, INC. BY oy M. SMITKj ESIOENT CITY OF CORPUS CHRISTI, TEXAS BY USSEiL E. WCELUOE, CITY MANAGER -3- I — SECTION 2. THE SHORTAGE OF SITES FOR RESIDENTIAL AREAS WITHIN THE CORPORATE LIMITS OF THE CITY OF CORPUS CHRISTI CREATES A PUBLIC EMERGENCY AND IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE 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 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 DAY OF 1953- J `., _ , 1953. Ae2- cz-Z"t.- MAYQR THE ITY OF CORPUS CHRISTI, TEXAS ATTES;c i CITY SECRET RY , APPROVED AS 'off LEGAL FORM: n n Y CORPUS CHRISTI, TEXAS cl I Z I , 1953 TO THE 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 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, 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, MAYOR " CITY OF eUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: A. A. LICHTENSTEIN ELLROY KING P. C. CALLAWAY JAMES A. NAISMITH CLt o W. JAMES BRACE THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: A. A. LICHTENSTEIN ELLROY KING P. C. CALLAWAY /} JAMES A. NAISMITH W. JAMES BRACE 3S71P