HomeMy WebLinkAbout16409 ORD - 07/22/1981E
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AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE
A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND WBC
HOLDINGS, INC., AND WILLIAM J. HEDRICK, A TRUE COPY
OF WHICH CONTRACT IS ATTACHED HERETO AND MADE A PART
HEREOF, MARKED EXHIBIT "A", AND INCLUDING EXHIBITS
THERETO, AS THOUGH FULLY SET FORTH HEREIN, AFTER THE
NOTICE AND HEARING, FOR THE ANNEXATION OF A 115.44 -
ACRE TRACT OF LAND, MORE OR LESS, COMPOSED OF LOTS 1,
2, 3, 4, 15, AND 16, SECTION 20, FLOUR BLUFF AND ENCINAL ^
FARM AND GARDEN TRACTS, A MAP OF WHICH IS RECORDED IN
VOLUME A, PAGES 41; 42, AND 43, MAP RECORDS OF NUECES
COUNTY, TEXAS, MORE PARTICULARLY DESCRIBED HEREINAFTER
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 ADJA-
CENT THERETO; PROVIDING FOR SEVERABILITY; AND DECLARING
AN EMERGENCY.
WHEREAS, WBC Holdings, Inc., and William J. Hedrick are the
owners 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 owners are desirous of contracting with the
City for the annexation of said territory to the City of Corpus Christi;
and
WHEREAS, on July 15, 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
pArticle 970a, V.A.C.S., Texas, as amended, for the consideration of insti-
tution of proceedings for the annexation of defined area wholly within the
extraterritorial jurisdiction of the City of Corpus Christi, more particu-
larly 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 July 15, 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 con-
stitutes lands and territories subject to contractual annexation as provided
by the City Charter Article I, Section 2c; and
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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:
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 WBC Holdings, .Inc., and William J. Hedrick, a true
copy of which contract is attached hereto and by this reference incorpo-
rated herein for all purposes, including exhibits thereto, as though fully
set forth herein, for annexation of land and territory described as follows:
-Metes and bounds for 115.44 acres of land more or less,
out of portions of Lots 1, 2, 3, 4, 15, and 16, Section
20, Flour Bluff and Encinal Farm and Garden Tracts as
shown by map recorded in Volume A, Pages 41, 42, and
43, Map Records of Nueces County, Texas;
-BEGINNING at a point on the present City Limits line,_
the intersection of the North right-of-way line of Sara-
toga Blvd. (State Highway 357) and the East right-of-way
line of Airline Road for the Northeast corner of this
tract;
THENCE S,02° 25' 00" West along the East right-of-way
line of Airline Road, a distance of 1,540.00 feet more
-or less to a point, the intersection of the East right-
of-way line of Airline Road and the Southeasterly exten-
sion of the North boundary line of Lot 13 of the afore
mentioned Section 20 for the East corner of this tract;
THENCE North 61° 02' 30" West along the common North
boundary line of Lots 13, 14, and 15 of the afore mentioned
Section 20, a distance of 1,352.83 feet more or less to
the Northeast corner of said Lot 15, Section 20 for an
inner corner of this tract;
-THENCE South 29° 00' 30" West along the East boundary
line of said Lot 15, Section 20, at 1,299.55 feet more or
less pass the North right-of-way of 40.00 foot wide County
Road 26-A, in all a distance of 1,319.55 feet more or less
to a point on the centerline of said County Road for the
most southerly Southeast corner of this tract;
THENCE 61° 00' 00" West along the centerline of said 40.00
feet wide County Road, 1,330.05 feet more or less to a
point on the West right-of-way line of existing 60.00 foot
wide County Road 13 for the most Westerly corner of this
tract;
THENCE 28° 5.7' 30" East along the West right-of-way line
of said 60.00 foot wide County Road 13, a distance of
2,519 feet more or less to a point on the North right-of-
way line of Saratoga Blvd. (State Highway 347), the present
City limit line, for the North corner of this tract;
THENCE South 40° 57' 30" East along said present City Limit
line, a distance of 1,980.00 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 unconstitutional 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 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 an imperative public necessity requir-
ing 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 or Council members, having declared such neces-
sity 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 22- day of July, 1981.
ATTEST:
C. y Secretary MAYOR
APPROVED: ,
J. BRUCE A o /S l98/ .
OCM�, CI+Y ATTORNEY
stant City dttornev
THE CITY OF CORPUS CHRISTI, TEXAS
STANDARD FORM ANNEXATION CONTRACT
THE STATE OF TEXAS 1
COUNTY OF NUECES
This Contract and Agreement made and entered into in duplicate
originals by and between WBC Holdings, Inc. and William J. Hedrick, hereinafter
called "Owner", 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 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 thecorporatelimits 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:
Metes and bounds for -115.44 acres of land more or less, out of
portions of Lots 1, 2, 3, 4, 15, and 16, Section 20, Flour Bluff and
Encinal'Farm and Garden Tracts as shown by map recorded in Volume -A,
Pages -41, 42, and 43, Map_Records of Nueces County, Texas;
BEGINNING at a point on the present City Limits line, the intersec-
tion of the North right-of-way line of Saratoga Blvd. (State Highway 357)
and the -East right-of-way line of Airline Road for the Northeast corner of
this tract;
THENCE 5.02°25'00" West along the East right-of-way line of Airline Road,
a distance of 1,540.00 feet more or less to a point, the intersection of the
East right-of-way line of Airline Road and the Southeasterly extension of
the North boundary line of Lot 13 of the afore mentioned Section 20 for the
East corner of this tract;
THENCE North 61°02'30" West along the common North boundary line of
Lots 13, 14, and 15 of -the afore mentioned Section 20, a distance of
1,352.83 feet more or less to the Northeast corner of said Lot 15, Section 20
for an inner corner of.this tract;
THENCE South 29°00'30" West along the East boundary line of said
Lot 15, Section 20, at 1,299.55 feet more or less pass the North right-of-
way of 40.00 foot wide County Road 26-A, in all a distance of 1,319.55 feet
more or less to a'point on the centerline of said County Road for the most
southerly Southeast -corner of this tract;
THENCE North 61°00'00" West along the centerline of said 40.00 feet
wide County Road, 1,330.05 feet more or less to a point on the West right-
of-way line of existing 60.00 foot wide County Road 13 for the most
Westerly corner of this tract;
THENCE North 28'5.7'30" East along the West right-of-way line of
said 60.00 foot wide County Road 13, a distance of 2,519 feet more or less
to a point on the North right-of-way line of Saratoga Blvd. (State Highway 357),
the present City Limit line, for the North corner of this tract;
THENCE South 40'57'30" East along said present City Limit line, a distance
of 1,980.00 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.
Owners further agree that the subdivisions platted out of the property
being herein annexed and as described in Exhibit "A" will be subdivided in
compliance with all of the requirements of the City's Master Plan for drainage,
utilities, and streets and all the requirements of the City's Platting Ordinance.
In addition, owners agree that the following improvements will be made in partial
satisfaction of the requirements of the Platting Ordinance:
a) Park Dedication: 4.7 acres of park landwillbe dedicated and a
cash payment in the amount of $3,750.00 equal to .5 acre of land
will be made;
b) Water Main: A 12 -inch water main will be installed at owner's
expense, running approximately 2,000 feet from Brandywine -
Subdivision along Saratoga Drive to its intersection with Airline
Road, and connecting said water main to an 8 -inch main running
south along Airline Road. This water main construction will be
in lieu of construction of water main on Saraline Drive;
c) Owners specifically agree that those areas not included in the final -
plat at this time will not be served by water, sewer, or other
utilities included within that section under final plat at this
time. Owners further agree that the areas not having a final plat
at this time will be required at the time of platting to lay a 12 -
inch water main from Airline Road west to Saraline Drive, and south
along Saraline to the northern boundary of Unit I. Additionally,
owners agree that an 8 -inch main will be extended along Airline Road
from Dowing Street south to the southern contiguous boundary of the
preliminary plat;
d) Oversizing of sewer lines: The City of Corpus Christi will
reimburse the developers for the oversizing of the 8 -inch
line to a 15 -inch line on Saraline adjacent to the subdivision,
only to the extent that funds are made available from developer
payments from future subdivisions. Such reimbursement will be
on the basis of 100% for the first five years, thereafter de-
creasing at 10% per year for the next ten years. The reimburse-
ment will carry 10% simple interest.
That all of the above conditions shall be binding upon the success -
and assigns of the said Owner and each of them, and shall constitute covenants _
running with the land.
WITNESS OUR HANDS, this the day of , 1981.
ATTEST:
City Secretary
APPROVED:
DAY OF
J. BRUCE AYCOCK, CITY ATTORNEY
WBC HOLDINGS, INC.
BY
William J. Hedrick
CITY OF CORPUS CHRISTI
By
, 1981:
By
Assistant City Attorney
R. Marvin Townsend, City Manager
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Corpus Christi, Te•
4-7- day of � / , 19 ,Y1
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, but that such ordinance or resolution shall be read
at three meetings of the City Council; I/we, 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, Respectfully,
Council Members
MAYOR
The City of Corpus Christi, Texas
The Charter rule was suspended by the following vote:
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
The above ordinance was passed
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
by the following
vote:
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