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HomeMy WebLinkAbout04672 ORD - 11/14/1956AP:11/12/56 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGERCF THE CITY OF CORPUS CHRISTI TO EXECUTE, FOR AND ON 3EHALF OF THE CITY OF CORPUS CHRISTI, A CONTRACT WITH DEL STARR REALTY CO., INC., A CORPORATION OF NUECES COUNTY. TEXAS. AND THE CORPUS CHRISTI INDEPENDENT SCHOOL DIS RICT N CONNECTION WITH THE INCORPORATION OF A TRACT OF LAND OUT OF LOT 5 OF THE BYRON WILLIS SUBDIVISION AND LOT o OF THE OSO FARO TRACTS, WHICH LIES OUTSIDE OF, W7 IS -A PART OF CONTIGUOUS TERRITORY PROPOSED FOR ANNEXATION, TO THE CITY LIMITS OF THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, A COPY OF ?JHICH CONTRACT IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. WHEREAS, THE DEL STARR REALTY CO., INC., A TEXAS CORPORATION, IS THE OWNER IN FEE SIMPLE OF A TRACT OF LAND OUT OF LOT 5 OF THE BYRON WILLIS SU3DIVISION AND LOT 6 OF THE OSO FARM TRACTS, 14ORE PARTICULARLY DESCRIBED HEREIN; AND THE CORPUS CHRISTI INDEPENDENT SCHOOL DISTRIC T IS THE OWNER IN FEE SIMPLE OF A 20 ACRE TRACT OF LAND CONTAINED WITHIN THE CONFINES OF THE METES AND BOUNDS OF SAID PROPERTY, WHICH PROPERTY IS A PART OF CONTIGUOUS TERRITORY PROPOSED FOR ANNEXATION TO THE CITY OF CORPUS CHRISTI, TEXAS; AND WHEREAS, THE ANNEXATION OF SUCH PROPOSED CONTIGUOUS TERRITORY, INCLUDING THE PROPERTY HEREINAFTER PARTICULARLY DESCRIBED, IN THE OPINION OF THE CITY COUNCIL, IS DEEMED TO BE IN THE PRESENT INTEREST OF THE CITY OF CORPUS CHRISTI, TEXAS; AND WHEREAS, SUCH CONTIGUOUS TERRITORY AND PROPERTY HEREIN DESCRIBED, WHEN SO ADMITTED INTO THE CITY, SHALL BE A PART OF THE CITY OF CORPUS CHRISTI, TEXAS; AND THE CONTIGUOUS TERRITORY AND PROPERTY THEREIN SHALL BEAR ITS PRO RATA PART OF THE TAXES LEVIED BY THE CITY, AND THE INHABITANTS THEREOF SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF ALL THE CITIZENS AND SHALL BE BOUND BY THE ACTS, ORDINANCES, RESOLUTIONS AND REGULATIONS OF THE CITY: H04, THEREFORE, EE IT ORDAINED 3Y THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION I. THAT THE CITY I'IIA14AGER OF THE CITY OF CORPUS CHRISTI BE, AND HE IS HEREBY AUTHORIZED AND DIRECTED TO EXECUTE FOR AND ON UEFIALF OF THE SAID CITY OF CORPUS CHRISTI A CONTRACT WITH THE DEL STARR REALTY '�0., INC., AND THE CORPUS !- HRISTI INDEPENDENT SCHOOL DISTRICT, IN CONNECTION WITH THE INCORPORATION OF 'A TRACT OF LAND OUT OF LOT 5 OF THE 3YROH WILLIS SUBDIVISION AND LOT 6 OF THE 050 FARM TRACTS, A COPY OF WHICH CONTRACT 15 ATTACHED HERETO AND MADE A PART HEREOF AND READS AS FOLLOWS: V7 Z STAri OF TZXU t Comm or Atecas TMIS C0INMCT AM AORUMM entered into in tlupz3c b =: origi- sale by and between the MM VZFJA MALTY CO., IRC., a corporation. of Musses County, Taxes. the CORPUS CUISTI MhO'.'SM M SCM00L H18TRICi, and the CITY OF CORM CMR.ISTI, TVAS, a municipal corporation, tIIIIIiIIII That the Del Starr 1"Ity Co., Inc.. to the owner in fee simple of the following described property located in Musoas County, Tense, ad- joining the corporate limits of the City of Corpus Christi, Texas, rid being more particularly described as follows, to -wit: Being a tract of land out of Lot Five (5) of the tyros Willis Subdivision and Lot Sim (6) of the Oso Farm Tractss according to the leaps or plats thereof Filed of record in the Veep ieeords of 1&neees County, Texas, and being wore particularly described by notes and bounds as fol- lows, to -Witt BMGIiO DG at a point in the Northeast lime of Lot dive (5) of the Bytom Willis Subdivision same lying is the southeast right -efway of Walter Read,, wheace the Month corner of said Lot Five (5) bears M. 61e 02' W. 401, for the most Northerly corner of this tract and the plans of beginning. SMYMCS with the Morthsast line of said Lot Five (5), S. 610 02' B. 2476.03' to a pout in the Northwest lice of a tract of land owned by Central lower 6 bight Co. for a et►reaV. VICE with the cQN" boundary of said Central lbwr 4< Light Co. tract S. IV W. 150.33' for a career. THXNCX S. 610 B. 513.51' for a corner. TOMB M. 290 X. 208.73' to a point in the Southwat right- of-way line of a 40' railroad easement for s cor- ner. TRKNC$ with said railroad right- of-way line S. 610 0l' 40" S. 2412.48' to a point in the West right -ofway of Bverhart Road for the most Ustarly corner of this tract. TMMCR with the West right -ofway parallel with and 40' normal to the canter line of said fterbart Road S. 180 58' W. 1255.30' to a point in the Southwest line of said Lot Six (6), 0.o Farm Tracts for the most Southerly corner of this tract. THEME with the Southwest lies of said Lot Six (6), Cao Farm Tracts N. 610 04' 20" W. 2611.03' to a point in the Soeuth*est lino of *aid Let Five (5). Syron Willis Sub - 41vlsiee sale point being, On West confer of said loot Sian (6), 0so Fate Tracts for a corner of this tract. Tif$liGg with the Southeast Name of *aid Let Five (5), Byron Millis Subdivision S. 290 W. 88.39' to the South corner of said Lot Five (9), for a corner of this tract. TMXMS with the Soath w►st line of said Lot live (5) S. 610 oil M. 2382.06' to a point in firs gsat rift -Of- way of Weber as" for the rest Westerly corner of this tract. TH&M S parallel with and d ©o &arm" to the canter line of said Weber aped W. no 58' S. h.3 n", to the point of beginning containing 156.27 acres, were or less. SAVE AND ZSCBFT a certain 20 acre tract of land her* - tofore conveyed to the Corpus Christi bulopsadout School District by bend dated May lit, 1956, recorded in Volans 735, at page 202, of the Dreg Records of Muo"a County, Taxer, to which ref*raae to here made for a nsce per - ticular sateen and bounds description, and SAYS AND XWJM a sort"* 10 acre trout of land aoavayed to the Corpus. Christi indopow"t School District by Bred dated "May 18. 1956, recorded in Volers 783. at Fags 198. of the Deed Records of ou"as County, Teams, to which reference is here oade for a were particular notes and bounds des- cription. That the Csrrpaa Ciprlsti lodevendost School District to the after in fee simple of a 20 acre tract of heel contained within the confines of the rotes and beads description above set out, the *ems being eenveyed to thee: by Used dated Pray 18, 1936, record" in Veluwe 783. at Fags 102. of the Deed Records of Nuaces County, Trees, to which reference to hers me" for a acre particular deseripti.oat together with a 10 sere tract of lent likovise contained within the confines of the obavo notes and bounds des- cription, the saws having, been cosveyud to the Carpus Christi Independent School District by Deed dated May 18, 1916, and recorded in Volans 739. at Page 198, of the Deed Records of Mwreoa County, Texas, to which reference is here made for a ware particular description. There are no resident voters in the above desezibod territory. It is agreod by sad between the parties hereto that the above described territory sball be included within the boundaries of the City of Corpus Christi. Trues, and *hall bacons a part thereof upon the pes- fe mme* of the empress covenant* hereinafter contained as hereinafter wre specifically net out. w 2 - I. The said Dal Starr dsalty Co., We., agrees to the following empress conditions to the Admission of the above described property into the City of Corpus Christi, Tense: (4) That it, the owner of said property abort described, will have a plat of said property conform with the Platting Ordinance of the City of Corpus Christi, Taxes, and the requirements of the Zoning end Plamwing Commission under said Flatting ordinonce. (b) That may development of said property will Comply with the standards of improvem&nts required by the Department of Public Yorks and the Platting Ord'-sac a of the City of Corpus Christi, Taxes, for the development of subdivisions in the City of Carew Christi, including the paving of all streets and installation of sidewalks, curbs and gutters. (e) That all Improvements required shall be subject to the approval and acceptance by the Director of $public Yorks of the City of Corp" Christi, Tease. There will be no obligstion as the City for asin- tenanae unless all improvements are accepted by said Director of Public Works, No building shall be r.=m&nced without first obtaining a building permit paying the required fee therefor, complying with the city Ordinance requirements and subject to City inspection and approval. (d) That the Del Starr Realty Co., rag., will mater into a separate agreement with the City of Corpus ? Christi, Texas. to eoaform with the requirement for the dedication of park& as contained in the Platting Ordinance of the City of Corp" Christi, Taaas. (t) Tkat the Dal Starr Saalty Go., Inc., uaderstands and ssrtts that such admission of such property will be a&bjaet to the capacity of the saver system to permit ca m ectiva of the property in said above dea- cxibed tract to such system of the City of Gorpue Christi, and the capacity of the $swage disposal plant to accommodate awch additional load. the detsrnination of such capacity to be made solely by the Director of Public Yorke and his decision; shall be binding upon the owner. - 3 . M That no permission shall be granted and no installation permitted by any water, gas, sawar or electricity utility aeapany, unless said company shall have and hold a valid and existing franchise from the City of Covpae Christi far the area insluded in amid subdivision and hare- by agreed to be am6306d. (g) That all of the above conditions shall be binding upon the succrsors and assigns of the said Del Starr Realty Co., Inc., a corpora. ti*, or either of thew, and shall constitute covenants running with the and. II. The Corp" Christi Iu"Peadent school District asrees as a asa- ditics to the adnismism into the City of Corpus Christi. Texas, of the portion of the above described property which belongs to the Corpus Christi Independent School District that it will comply sad be hound by the fol- lowing covens atsr (a) In the de"lepmeat of the portion of said property belonging to the Corpus Christi Independent School District, the sahoel District will comply with all applicable Ordirtsncas of the City of Corpus Christi, and all laws applicable to it. (b) That all improvements made am such property shall be sub- ject to the approval and acceptance by the appropriate officials at repre- ssxtatives of the City of Corpus Christi to the extent required by the laws sad Ordiamecaa of the city of Corpus Christi, teens. (c) But no psrmtiasicn shall be granted and no installation permitted by my water, gars, saws or alsetricity, utility earpmay, "Ales said company shall have and hold a valid and existing franchise from the city of Corpus Christi for the axes included in said subdiviafoa and here- by agreed to be annexed. (d) That the owner of said property underatanda and agrees that such admission of such property will be subject to the capacity of the sewer system to permit aomrsaeciiom of the property in said above described - 4 - tract to such system of the Cate of Corpus Christi, sad the capacity of the save" disposal plant to accommodate each additional load. the deter- mined" of such capacity to Iva made solely by the Director of Public Works sad his decision shall be binding upon the owner. (a) That all of the above conditions shall be binding upon the successors and assigns of the Corpus Christi Independent School Dis- trict, or either of them, aed shall constitute coveasats running with the land. wrru ss wR )HANDS this the day of m —whsr, 1956. D19L SUU RMTY CO. , INC. ATTEST., By: R. S. S'TAlrTZYI S Secretary R. R. �, President (STAL) ATTX0Tt Secretary (SIAL) City Secretary (ML) Apprawd as to legal forms City sttorsey CORM CHRISTI INDSVINUM SCHOOL DIS17 = sy: President of the Dowd of 'trustees CITY Of CORM MISTI, Txx" By: City !l�eger 5 - SECTION 2. THE FACT THAT THE ANNEXATION OF CERTAIN CONTIGUOUS TERRITORY OF WHICH THE FOREGOING DESCRIBED PROPERTY IS A PART, IN THE OPINION OF THE CITY. COUNCIL, IS DEEI4ED TO OE IN THE PRESENT INTEREST OF THE CITY, CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE 5USPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION, 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 INTRODUCTUON, 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 ��G-t1� , 1976. MAYOR THE CITY OF CORPUS CHRISTI, TEXAS ATT CITY $ECR TA APPROV AS LE-GAL FORM NOVEMBER 12, 1956: CITY gTftANEY CORP CHRISTI, TEXAS .1956 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 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; 1, THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER MULE OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. R FSPECTFULLY, MAYOR TH.E CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: FARRELL D. SMITH W. J. ROBERTS MINOR CULLI B. E. BIGLER MANUEL P. MALDONADO THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: FARRELL D. SMITH W. J. ROBERTS - MINOR CULLI W. J-.. ROBERTS - -- - - B. E. BIGLER _; MANUEL P. MALDONADO q �-� -2-