HomeMy WebLinkAbout16021 ORD - 02/04/1981AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE
A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND
A.C. WHITLOCK, A TRUE COPY OF WHICH CONTRACT IS
ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHI-
BIT "A", AND INCLUDING EXHIBITS THERETO, AS THOUGH FULLY
SET FORTH HEREIN, AFTER THE NOTICE AND HEARING, FOR THE
ANNEXATION OF APPROXIMATELY 7.8 ACRES OF LAND OUT OF THE
THOS. GALLAGHER 400 ACRE SURVEY NO. 402, ABSTRACT 988,
REFERENCE DEED 209-587, HIGHWAY RIGHT OF WAY 885, 56,
NUECES COUNTY, TEXAS, MORE PARTICULARLY DESCRIBED HERE-
INAFTER BY METES AND BOUNDS; FINDING ALL OF SAID LAND
TO LIE ENTIRELY WITHIN THE EXTRATERRITORIAL JURISDICTION
OF THE CITY OF CORPUS CHRISTI, ADJOINING, CONTIGUOUS, AND
ADJACENT THERETO; PROVIDING FOR SEVERABILITY; AND DECLARING
AN EMERGENCY.
WHEREAS, A.C. Whitlock is owner in fee simple of the hereinafter
particularly described tract or parcel of land adjoining, contiguous and
adjacent to the City of Corpus Christi and wholly within its extraterritorial
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 February 4, 1981, a public hearing was duly held at
the Regular Council meeting of the City Council, following publication of
due notice of said hearing in the official newspaper, pursuant to Article
970a, V.A.C.S., Texas, as amended, for the consideration of institution of
proceedings for the annexation of defined area wholly within the extraterri-
torial - jurisdiction of the City of Corpus Christi, more particularly described
by metes and bounds as hereinafter set forth, 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 February 4, 1981; and
WHEREAS, it has been determined by the City Council that the
territory within said tract or parcel of land, now proposed to be annexed,
abuts and is contiguous and adjacent to the City of Corpus Christi and consti-
tutes lands and territories subject to contractual annexation as provided
by the City Charter Article I, Section 2c; 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
lands and territory hereinafter described:
NOW, THEREFORE, BE IT ORDAINED BY .THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
1,,3Z tEILMLu
1CO21 din7 f 84
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
is hereby authorized and directed to execute a contract between the City
of Corpus Christi and Edgar Moore and James Ewing, 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:
FIELDNOTES for annexation of approximately 7.8 acres of land out of the
Thos. Gallagher. 400 acre Survey No. 402, Abstract 988, Reference Deed 209-587,
Highway right-of-way 885, 56, Nueces County, Texas:
BEGINNING at a point on the East right-of-way line of South Clarkwood Road -
(F_M. Road.2292) for the Southwest corner of this tract and the Northwest corner
of Lot 1, Block 1, South Clarkwood Acres, a map of which is recorded in Volume
6, Page 122, Map Records of Nueces County, Texas:
THENCE North 00°28'00" West, with said right-of-way line, 382.12 feet,
more or less, for the Northwest corner of this tract;
THENCE North 89°22'00" East, leaving said right-of-way line, 698.26 feet,
more or less, to a•point on the Corpus Christi city limit line for the North-
east corner of this tract;
THENCE approximately South 45°08'09" East, with said city limit line,
535.76 feet, more or less, to a point on the North boundary line of said Lot 2,
Block 1, South Clarkwood Acres for the Southeast corner of this tract;
THENCE South 89°22'00" East, with said boundary line, 1,074.91 feet, more
or less, to the POINT OF BEGINNING.
The above described land, subject to execution of said contract
and adoption of annexation ordinance, will be admitted into the City of
Corpus Christi as an integral part thereof, said territory to be 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 thereafter bear its proportionate share of the taxes levied by the
City and the inhabitants of such territory shall have the privileges and
be subject to all the duties of other inhabitants of the City of Corpus
Christi.
SECTION 2. If for any reason any section, paragraph, subdivision,
clause, phrase, word or provision: of this ordinance shall be held invalid
or cunconstitutional 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 fact that the above named landowner desires
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 to 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 that such emergency and necessity
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 'j"/day of February, 1981.
ATTEST:
Ci Secretary
APPROVED: forr cJ �yg
J. BRUCE AYCOCK, CI Y ATTORNEY
By C �,
Astant City •torney
MAY
TH CITY OF CORPUS CHRISTI, TEXAS
STANDARD FORM ANNEXATION CONTRACT
THE STATE OF TEXAS
COUNTY OF NUECES
This Contract and Agreement made and entered into in duplicate
originals by and between A. C. Whitlock, hereinafter called "Owner", and the
City of Corpus Christi, Texas, a home rule city of more than 200,000 popula-
tion, 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 conditions hereafter stated.
WITNESSETH:
That Owner is owner 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, generally delineated on the map attached hereto and
marked Exhibit "A", and being more particularly described as follows, to -wit:
FIELDNOTES for annexation of approximately 7.8 acres of land out of the
Thos. Gallagher 400 acre Survey No. 402, Abstract 988, Reference Deed 209-587,
.Highway.right-of-way 885, 56, Nueces County, Texas:
BEGINNING at a point on the East right-of-way line of South Clarkwood Road
(F.M. Road 2292) for the Southwest corner of this tract and the Northwest corner
of Lot 1, Block 1, South Clarkwood Acres, a map of which is recorded in Volume
6, Page 221, Map Records of Nueces County, Texas:
THENCE North 00°28'00" West, with said right-of-way line, 382.22 feet,
more or less, for the Northwest corner of this tract;
THENCE North 89°22'00" East, leaving said right-of-way line, 698.26 feet,
more or less, to a point on the Corpus Christi city limit line for the North-
east corner of this tract;
THENCE approximately South 45°08'09" East, with said city limit line,
535.76 feet, more or less, to a point on the North boundary Iine of said Lot 1,
Block 2, South Clarkwood Acres for the Southeast corner of this tract;
THENCE South 89°22'00" East, with said boundary line, 1,074.91 feet, more
or less, to the POINT OF BEGINNING.
It is agreed by and between the parties hereto that the above described
land and territory shall 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 Christi, as amended, and
as further prescribed by Ordinance No. 11139 of the City of Corpus Christi.
That all of the above conditions shall be binding upon the successors
and assigns of the said Owner and each of them, and shall constitute covenants
running with the land.
WITNESS OUR HANDS, tliis the day of , 1981.
A. C. Whitlock
ATTEST: CITY OF CORPUS CHRISTI
City Secretary
APPROVED:
DAY OF , 1981:
J. BRUCE AYCOCK, CITY ATTORNEY
By
Assistant City Attorney
By
R. Marvin Townsend, City Manager
Corpus Christi, xas/p
`X' day of ,t �M�uny, 192/
/
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,
MAYOR
THE CI
OF CORPUS CHRISTI, TEXAS
The Charter rule was suspended by the following vote:
Luther Jones
Edward L. Sample
Dr. Jack Best
Jack K. Dumphy
Leopoldo Luna
Betty N. Turner
Cliff Zarsky
The above ordinance was passe by the following vote:
Luther Jones
Edward L. Sample
Dr. Jack Best
Jack K. Dumphy
Leopoldo Luna
Betty N. Turner
Cliff Zarsky
16021