Subject: 10044/Annex/ElderMountain-HolmbergProperty Date: Mon, 27 Feb 1989 12:20:00 -0500 ORDINANCE NO. 10044 AN ORDINANCE EXTENDING THE CORPORATE LIMITS OF THE CITY OF CHATTANOOGA, TENNESSEE, BY ANNEXING CERTAIN TERRITORY CONTIGUOUS TO THE PRESENT CORPORATE LIMITS OF SAID CITY, BEING AN AREA ON ELDER MOUNTAIN IN MARION COUNTY, TENNESSEE, BEING MORE FULLY DESCRIBED HEREIN. WHEREAS, under the provisions of Chapter 113, Public Acts of Tennessee of 1955, as amended (T.C.A. A7 6-51-101, et seq.), the City Council adopted a Resolution April 26, 1994, directing the Clerk of the Council to give notice of a public hearing with reference to the annexation of the herein described territory, to be held May 10, 1994, at 6:00 p.m., which notice was published in the daily newspapers of Chattanooga, Tennessee, more than seven (7) days before May 10, 1994; and WHEREAS, the City of Chattanooga has been petitioned by all of the property owners of the affected territory to annex such territory, a copy of which petition, dated April 13, 1994, is attached hereto and made a part hereof by reference; and WHEREAS, said area contains less than one-fourth (1/4) square mile and less than five hundred (500) inhabitants and by the terms of the foregoing act, it is not necessary to submit a plan of services to the planning commission; and 0C WHEREAS, after such public hearing and investigation by the City Council, it now appears that the prosperity of the City and of the territory herein described and as described in said notice will be materially retarded and the safety and welfare of the inhabitants and property of the City and the herein described territory endangered if such territory is not annexed; and WHEREAS, the annexation of the hereinafter described territory is deemed necessary for the health, welfare and safety of the residents and property owners thereof, as well as of the City of Chattanooga as a whole; NOW, THEREFORE, SECTION 1. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHATTANOOGA, TENNESSEE, That under the authority conferred by Chapter 113, Public Acts of 1955, and the amendments thereto (T.C.A. A7 6-51-101, et seq.), that there be and hereby is annexed to the City of Chattanooga, Tennessee, and included within the corporate boundaries of said City an area of Elder Mountain, in Marion County, contiguous to the corporate boundaries of said City, which territory is more fully described as follows: Being that portion of Lots 16 and 17, Unit One, Elder Mountain Subdivision, located in Hamilton and Marion Counties, Tennessee, and recorded in the Marion County Register's Office in Plat Book 2, page 80, more particularly described as follows: Beginning at a point in the north lot line of Lot 17 and the south lot line of Lot 19 of Unit One, Elder Mountain Subdivision, at the intersection of Hamilton and Marion County Lines and the City of Chattanooga Limits said point being 187 feet, more or less, S 51B0 56' west of the northwest corner of said Lot 17 in the east right-of-way of Cumberland Road; thence southwardly along said City Limit and County Line, 382 feet more or less to a point in Lot 16 and Lot 17 and 220 feet more or less S 57B0 14' E from an iron pin in the east right of line of Cumberland Road; thence N 57B0 14' W 220 feet more or less to an iron pin in the east right-of-way of Cumberland Road that is 487.73 feet northwardly along said east right-of-way line from its intersection with the north right-of-way line of Elder Mountain Road; then northwardly 404.97 feet along said east right-of-way line of Cumberland Road to the northwest corner of Lot 17 being the southwest corner of Lot 19; thence S 51B0 56' E along the line of Lot 17 and Lot 19, 187 feet more or less to the point of beginning. SECTION 2. BE IT FURTHER ORDAINED, That residents of and persons owning property in the above-described territory shall be entitled to all the rights and privileges of citizenship in accordance with the provisions of the Charter of the City of Chattanooga, Tennessee, immediately upon annexation as though the above-described territory annexed had always been part of said City of Chattanooga, Tennessee. SECTION 3. BE IT FURTHER ORDAINED, That this Ordinance shall become operative thirty (30) days from and after its passage, or as otherwise provided by the provisions of Chapter 113, Public Acts of Tennessee of the year 1955, as amended. SECTION 4. BE IT FURTHER ORDAINED, That this Ordinance shall take effect, as distinguished from becoming operative, two 0C (2) weeks from and after its passage, the public welfare requiring it. PASSED on Third and Final Reading May 17, 1994. s/s_________________________________ CHAIRPERSON APPROVED:_______ DISAPPROVED:_______ DATE: May 18, 1994. s/s_________________________________ MAYOR RLN:cjc