Subject: 10192/Ord/Annex/Walldorf Property Date: Mon, 6 Feb 1995 11:36:34 -0500 ORDINANCE NO. 10192 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 THE SIDE OF LOOKOUT MOUNTAIN IN HAMILTON COUNTY, TENNESSEE, OWNED BY CHARLES W. WALLDORF AND FLORA HARKEY WALLDORF, BEING MORE FULLY DESCRIBED HEREIN. ______________________________ WHEREAS, under the provisions of Chapter 113, Public Acts of Tennessee of 1955, as amended (T.C.A. A76-51-101, et seq.), the City Council is scheduled to adopt a Resolution on March 21, 1995, 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 March 28, 1995, at 6:00 p.m., which notice was published in the daily newspapers of Chattanooga, Tennessee, more than seven (7) days before March 28, 1995; 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 executed by Charles W. Walldorf and Flora Harkey Walldorf and dated March 13, 1995, 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. A76-51-101, 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 on the side of Lookout Mountain, in Hamilton County, contiguous to the corporate boundaries of said City, owned by Charles W. Walldorf and Flora Harkey Walldorf, which territory is more fully described as follows: Lot 31, and part of lots 27 and 29, Cravens and McMillins Addition to Lookout Mountain, as shown by plat of record in plat book 2, page 39, ROHC; being the properties described as Tracts 2, 3 and 4 in deed book 3607, page 439, ROHC; together with that part of Shingle Road and Elinor Street which adjoins said tracts. Said lot, parts of lots, and parts of streets form one tract beginning at the intersection of the southeast line of Elinor Street with the northeast line of Shingle Road, thence southwest some 33 feet with the extension of the southeast line of Elinor Street to the southwest line of Shingle Road, thence northwest some 322 feet with the southwest line of Shingle Road to the northwest line of said Tract 3 (if extended southwestwardly), thence northeast some 245.1 feet, crossing Shingle Road, and continuing with the northwest line of said Tracts 3 and 2 to the southwest line of Carolina Street, thence southeast some 191.7 feet with the southwest line of Carolina Street, and said line extended, to the southeast line of Elinor Street, thence southwest some 255 feet with the southeast line of Elinor Street to the northeast line of Shingle Road, the point of beginning. Tax Map No. 155I-B-5. 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 (2) weeks from and after its passage, the public welfare requiring it. PASSED on Third and Final Reading April 4, 1995. s/s____________________________ CHAIRPERSON APPROVED:__X__ DISAPPROVED:____ DATE: ___________ _____, 1995. s/s____________________________ MAYOR PAN.tlm