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Home My WebLink About16774 ORD - 12/23/1981sp;12/22/81;ist AN -ORDINANCE AUTHORIZING AND DIRECTING TIIE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND PADRE ISLAND INVESTMENT CORPORATION, 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 TFIE ANNEXATION OF A 184.55 ACRE TRACT OF LAND, MORE OR LESS, DESCRIBED AS PADRE ISLAND - CORPUS CHRISTI ISLAND FAIRWAY ESTATES, BLOCK 27A, A SUBDIVISION ADJACENT TO THE CITY OF CORPUS CHRISTI, AS SHOWN BY MAP OR PLAT THEREOF RECORDED IN VOLUME 46, PAGES 208 THROUGH 210, MAP RECORDS, NUECES COUNTY, TEXAS; FINDING ALL OF SAID LAND TO LIE ENTIRE- LY WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI, ADJOINING, CONTIGUOUS, AND ADJACENT THERETO; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. • WHEREAS, Padre Island Investment Corporation 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 December 23, 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 des- cribed below, 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 December 23, 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 constitutes lands and territories subject to contractual annexation as provided by the City Charter Article I, Section 2c; and 16774 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 Padre Island Investment Corporation, 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: Padre Island - Corpus Christi Island Fairway Estates, Block 27A, a subdivision adjacent to the City of Corpus Christi, as shown by map or plat thereof recorded in Volume 46, pages 208 through 210, Map Records, Nueces County, Texas. 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. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the fact that the above named landowners desire 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, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure this the a? day of December, 1981. ATTEST: City15ec� ry 0.4ee APPROVED: 3 DAY OF DECEMBER, 1981 J. BRUCE AYCOCK, CITY ATTORNEY MAYOR THE CITY 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 Padre Island Investment Corporation, a corporation authorized to do business in the State of Texas, 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: The Owner is owner in fee simple and of all existing right, title and interest 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: Padre Island - Corpus Christi Island Fairway Estates, Block 27A, a subdivision adjacent to the City of Corpus Christi, as shown by map or plat thereof recorded in Volume 46, pages 208 through 210, Map Records, Nueces County, Texas. 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, Owner and City will perform the following conditions: 1. The City agrees to commence provision of fire, police, health, sanitation and other usual City services after the effective date of the annexation. 2. Owners hereby agree to waive the statutory requirement of Article 907a, 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 Owner and each of them, and shall constitute covenants running with the land. WITNESS OUR HANDS, this the 19 ATTEST: Owner: day of Padre Island Investment Secretary Gene Graham, President ATTEST: CITY OF CORPUS CHRISTI City Secretary _ Ernest M. Briones APPROVED: DAY OF , 19 J. BRUCE AYCOCK, CITY ATTORNEY Acting City Manager By By Assistant City Attorney litter Assistant City Manager Corpus Christi, Texas ,A75 day of , j , 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/are, 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 MAYOR THE CITY OF CORPUS CHRISTI, TEXAS The above ordinance was passed by the•following vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky 16774