Loading...
HomeMy WebLinkAbout16629 ORD - 10/28/1981sp;10/28/81;lst • AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND JOHN TUCKER DBA TUCKER PROPERTIES, A TRUE COPY OF WHICH CONTRACT IS ATTACHED HERETO AND MADE A PART HERE- OF, MARKED EXHIBIT "A", AND INCLUDING EXHIBITS THERETO AS THOUGH FULLY SET FORTH HEREIN, AFTER THE NOTICE AND HEARING, FOR THE ANNEXATION OF A 115.95 ACRE TRACT OF LAND, MORE OR LESS, OUT OF LOTS 3 AND LOTS 9 THROUGH 14, SECTION 6, 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 ADJACENT THERETO; PROVIDING FOR SERVERABILITY; AND DECLARING AN EMERGENCY. WHEREAS, John Tucker dba Tucker Properties is the 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 October 21, 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 describ- ed 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 October 21, 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 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: if 29 SEP Z'( 1984 MICROFILMED,. 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 John Tucker dba Tucker Properties, a true copy of which contract is attached hereto and by this reference incorporated here- in for all purposes, including exhibits thereto, as though fully set forth herein, for annexation of land and territory described as follows: FIELDNOTES for 115.95 acres of land out of Lot 3 and Lots 9 through 14, Section 6, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume "A", Pages 41, 42, 43, map records of Nueces County, Texas: BEGINNING at an axle found at the intersection of the Northwest right- of-way line of South Staples Street with the Northeast boundary line of said Lot 9 for the lower East corner of this survey from which corner the East corner of said Lot 9 in the centerline of South Staples Street bears South 61°03'00" East 40.00 feet; THENCE South 28°56'00" West, along the aforementioned Northwest right- of-way, parallel to the centerline thereof and 40.00 feet distant therefrom, measured at right angles thereto, 1,265.52 feet for the South corner of this survey; THENCE Porth 61°01'10" West, crossing through Lots 9, 10, 11, 12, 13, 14, 3,926.30 feet to a point on the canon boundary line of Lots 14 and 15 for the West corner of this survey; THENCE North 28°55'30" East, along the aforementioned common line, at 1,263.40 feet pass a 5/8 -inch iron rod found in an 8 -inch diameter hole in a 2 foot diameter piece. of concrete, mark'ag the common corner r of Lots 2, 3, 14, 15 and continuing along the comrrbn lot line of said Lots 2 and 3, in all a distance of 2,583.40 feet to a point on the centerline of Cedar Pass for the common corner of Lots 30, 31, Section 5, Lots 2, 3, Section 6 and the North corner of this survey; THENCE South 61°03'00" East, along the common boundary line of Lot 30, Section 5 and Lot 3, Section 6, with the aforementioned,center- line, 65.00 feet for the upper East corner of this survey; THENCE South 28°55'30" West, parallel with the common line of Lots 2, 3, Section 6, 1,320.00 feet to a point on the common boundary line of Lots 3, 14, said Section 6 for an inside corner of this survey; THENCE South 61°03'00" East, along the Northeast line of Lots 14 through 9, 3,861.50 feet 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 ordiances, 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 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 ACCORDING SO ORDAIN- ED, this the ar day of October, 1981. ATTEST: City Secretary APPR VED: DAY OF OCTOBER, 1981 J. BRUCE, AYCOCK CITY ATTORNEY Assistant City ney MAYOR THE C OF CORPUS CHRISTI, TEXAS ANNEXATION CONTRACT THE STATE OF TEXAS COUNTY OF NUECES This Contract and Agreement made and entered into in duplicate originals by and between John Tucker and Jack Tucker, hereinafter called "Owners", 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: The 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 extra- territorial 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 115.95 acres of land out of Lot 3 and Lots 9 through 14, Section 6, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume "A", Pages 41, 42, 43, map records of Nueces County, Texas: BEGINNING at an axle found at the intersection of the Northwest right- of-way line of South Staples Street with the Northeast boundary line of said Lot 9 for the lower East corner of this survey from which corner the East corner of said Lot 9 in the centerline of South Staples Street bears South 61°03'00" East 40.00 feet; THENCE South 28°56'00" West, along the aforementioned Northwest right- of-way, parallel to the centerline thereof and 40.00 feet distant therefrom, measured at right angles thereto, 1,265.52 feet for the South corner of this survey; THENCE North 61°01'10" West, crossing through Lots 9, 10, 11, 12, 13, 14, 3,926.30 feet to a point on the common boundary line of Lots 14 and 15 for the West corner of this survey; THENCE North 28°55'30" East, along the aforementioned common line,, --at 1,263.40 feet pass a 5/8 -inch iron rod found in an 8 -inch diameter hole in a 2 foot diameter piece of concrete, marking the cannon corner of Lots'2, 304, 15 and continuing along"the cartoon lot line of said Lots 2 and 3, in all a distance of 2,583.40 feet to a point ' bn the centerline of Cedar Pass for the common corner of Lots 30, 31, Section 5, Lots 2, 3, Section 6 and the North corner of this survey; THENCE South 61°03'00" East, along the common boundary line of Lot 30, Section 5 and Lot 3, Section 6, with the aforementioned center- line, 65.00 feet for the upper East corner of this survey; THENCE South 28°55'30" West, parallel with the common line of Lots 2, 3, Section 6, 1,320.00 feet to a point on the common boundary line of Lots 3, 14, said Section 6 for an inside corner of this survey; THENCE South 61°03'00" East, along the Northeast line of Lots -14 through 9, 3,861.50 feet 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. It is further agreed by and between the parties that as an essential part of the consideration of this Contract, Owners and City will perform the following conditions: 1. The developers agrees to construct a 12" A.C.P. water line from Everhart Road at Cedar Pass southerly to the Yorktown extension thence eastwardly in the Yorktown extension to South Staples Street, thence northerly in South Staples Street to the north boundary line of the subdivision, and connecting with the existing 6" A.C.P. water line in South Staples Street, plus fire protection as.per the City ordinance along South Staples Street and Yorktown Boulevard. 2. The developers agrees to pay $800 per acre (113.98 acres x $800.00 = $91,184) to be placed in a fund to develop a permanent sanitary sewer system in the area per the master plan. 3. The developers agrees to construct a sanitary sewer lift station in the southeast corner of the subdivision and an adequate force main from such lift station northerly along South Staples Street at Saratoga Boulevard. The depth of the wet well shall be _designed to serve the master plan area. 4. Require owners to pay to the City prior to the Buckingham Estates plat, being released an amount equal to the residential assessment asif the properties are fronting on Yorktown Boulevard. 3,916.30 L.F. x 4.75 = $18,602.43 15,665.20 S.F. Sidewalk x 0.75 = 11,748.90 TOTAL $30,351.33 Require owners of the tract south of Buckingham Estates and Yorktown Boulevard extension (presently same owners) to pay an amount equal to the assessment base on a rate in effect at the time of platting and zoning. Should the City not be in the position to construct Yorktown Boulevard at the time property to the south is platted, then the City would allow the owners to develop a 28 -foot wide County Road type section in addition to paying the assessment amount. 5. Require the owners to pay to the City the estimated cost of bridge construction over the drainage ditch. Such participation is now estimated at 15/40ths of $120,000, or $45,000. The developers of Buckingham Estates shall be required to pay for 1/4 of $45,000, or $11,250, and the owners to the south and west pay their share based on the estimated cost at the time of platting. 6. The City agrees to commence provision of fire, police, health, sanitation and other usual City services after the effective date of the annexation. 7. The City agrees to accept water, sewer, street and drainage facilities after construction by the developers according to City platting standards and agrees to maintain such facilities thereafter. 8. Owners hereby agree to waive the statutory requirement of Article 970a, V:A.C.S., as amended, for a public hearing to be held in the area to be annexed. It is further agreed 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. WITNESS OUR HANDS, this the day of , 1981. ATTEST: Owner: Secretary ATTEST: City Secretary APPROVED: n uck r ack Tucker Ernest M. Briones Acting City Manager DAY OF , 1981: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant Cit orney By Assistant City Manager BY COUNCIL /O'r�� SER Corpus Christi, T-xas day of , 1981 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance or resolution, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings; I/we, therefore, request that you suspend said Charter rule and pass this ordinance or resolution finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members MAY R THE CI OF CORPUS CHRISTI, TEXAS The above ordinance was passed by the follo ng vote: Luther Jones - Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky 1(3629