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Home My WebLink About12104 ORD - 06/05/1974JRR:RWC cd: 5 -9 -74 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI TO INSTITUTE ANNEXATION BY EXECUTION OF A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND CENTRAL POWER AND LIGHT COMPANY A TRUE COPY OF WHICH IS ATTACHED HERETO AND BY THIS REFERENCE INCORPORATED HEREIN FOR ALL PURPOSES, INCLUDING EXHIBITS THERETO, AS THOUGH FULLY SET FORTH HEREIN, AFTER DUE NOTICE AND HEARING, FOR THE ANNEXATION OF LOT 1, BLOCK 1, BARNEY M. DAVIS SUBDIVISION, AN ADDITION TO THE COUNTY OF NUECES, STATE OF TEXAS, MORE PARTICULARLY DESCRIBED HEREINAFTER; FINDING ALL OF SAID LANDS TO LIE ENTIRELY WITHIN THE EXTRA- TERRITORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI, ADJOINING, CONTIGUOUS, AND ADJACENT THERETO; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. WHEREAS, Central Power and Light Company is the owner in fee simple of the hereinafter particularly described tract of land adjoining, contiguous and adjacent to the City of Corpus Christi and wholly within its extra- territorial jurisdiction; and WHEREAS, the said owner is desirous of contracting with the City for the annexation of said territory to the City of Corpus Christi; and WHEREAS, on May 22, 1974, 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 Art. 970a, V.A.C.S., Texas, as amended, for the consideration of institution of proceedings for the annexation of a defined area wholly within the extraterritorial jurisdiction of the City of Corpus Christi consisting of Lot 1, Block 1, Barney M. Davis Subdivision, an addition to the County of Nueces, State of Texas all as is more particularly described hereinafter, 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 May 22, 1974; and WHEREAS, it has been determined by the City Council that the territory within said tracts of land, now proposed to be annexed, abuts and is contiguous and is adjacent to the City of Corpus Christi and constitutes lands and territories subject to contractual annexation as provided by the City Charter Article I, Sec. 2 (b); 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 land and territory hereafter described: 1-21f) 1 i • STANDARD FORM ANNEXATION CONTRACT THE STATE OF TEXAS J( COUNTY OF NUECES THIS CONTRACT AND AGREEMENT made and entered into in duplicate originals by and between CENTRAL POWER AND LIGHT COMPANY owner, herein- after called "06dNER ", a public utility and private corporation doing business in Texas, 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 con- sideration in hand received by the parties respectively and upon the covenants and conditions hereinafter stated W I T N E S S E T H: That Owners are owners in fee simple and of all existing rights, titles and interests therein of all the following described property located in Nueces County, Texas, adjacent to and adjoining the corporate limits of the City of Corpus Christi, lying wholly within the extraterritorial jurisdiction of said City and, in whole or in part, within three hundred (300) feet of the City's present corporate limits, being 500 or more feet in width at its narrowest point; generally delineated on the map attached hereto and marked "Exhibit A ", and being more particularly described as follows, to-wit: Lot.One (1), Block One (1), Barney M. Davis Subdivision, an addition to the County of Nueces, State of Texas, being a tract of land containing 1,999.96 acres, more or less, in and a part of the Rincon de Corpus Christi Grant to Ramon de Ynojosa, Nueces County, Texas, as shown by map or plat thereof recorded in Volume 37, Page 86; of the Map Records of Nueces County, Texas. IT IS AGREED by and between the parties hereto that the above described land and territory shall, as of December 15, 1974, be included within the corporate boundaries of the City of Corpus Christi, Texas, and shall become a part thereof, subject to the *terms of Article I, Section 2 of the City Charter of Corpus Choi, as amended, and as further prescribed by Ordinance No. 12023 of the City of Corpus Christi, Sections (1) (2), and (3) and Exhibit A thereof, providing for the Compromise Settlement Agreement between City and Central Power and Light Company of all matters in controversy in Cause No. 118946 -B, Central Power and Light Company vs. City of Corpus Christi, et al, which Compromise Settlement Agreement by this reference is incorporated herein for all purposes as if set forth here in haec verba, and whereby Central Power and-Light Company shall cause the property annexed hereby and improvements thereon to be rendered for ad valorem taxes as of January 1, 1975, at such value as shall cause said Owner to be liable for-and pay to the City for tax year 1975 the sum, before delinquency, of at least $400,000.00 in ad valorem taxes on such property for said tax year, and,there- after as provided by law. That all of the above conditions shall be binding upon the successors and assigns of the said Owners and each of them, and shall constitute covenants running with the land. This contract providing for annexation of the subject. property as of December 151 1974, executed and binding upon the parties as of the date hereof, in testimony whereof WITNESS OUR HANDS, this day of , 1974. CENTRAL POWER AND LIGHT COMPANY ATTEST: Secretary ATTEST: By CITY OF CORPUS CHRISTI By R. Marvin Townsend, City Manager City Secretary APPROVED: d of. 1974: b Ci_t lttorney -2- • NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager of the City of Corpus Christi is hereby authorized and directed to institute annexation by execution of a contract between the City of Corpus Christi and Central Power and Light Company, a true copy of which 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: Lot One (1), Block One (1), Barney M. Davis Subdivision, an addition to the County of Nueces, State of Texas, being a tract of land containing 1,999.96 acres, more or less, in and a part of the Rincon de Corpus Christi Grant to Ramon de Ynojosa, Nueces County, Texas, as shown by map or plat thereof recorded in volume 37, Page 86, of the Map Records of Nueces County, Texas. The hereinabove described land, subject to execution of said contract, is admitted into the City of Corpus Christi as an integral part thereof, said territory to be hereinafter 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 hereafter bear its proportionate share of the • taxes levied by the City and the inhabitants of such territory shall have the rights and privileges and be subject to all the duties of other inhabitants of the City of Corpus Christi, Texas, and as prescribed by City Charter Art. I, Sec. 2(b). 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, nor 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 fact that the above named corporation desires 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 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, 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 day of June, 1974. • ATTEST: Cit ecre 7Y 2� MAYOR THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: DAY OF 4M i Cl/ kV la A4ity Attorney Corpus Christi, Texas • SW day of , 19_Z�l VIA 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 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, request that you suspend said Charter rule or requirement and pass this ordi- nance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, MAYOR THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark The above ordinance was passed by the fo lowing vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark