Subject: 10245/Ordi/Annex/Peitioned by Marcia McMillin Date: Mon, 6 Feb 1995 11:36:34 -0500 ORDINANCE NO. 10245 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 MARCIA MCMILLIN AND GARVIN MCMILLIN COLBURN, 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 adopted a Resolution on May 30, 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 June 13, 1995, at 6:00 p.m., which notice was published in the daily newspapers of Chattanooga, Tennessee, more than seven (7) days before June 13, 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 Marcia McMillin and Garvin McMillin Colburn, and dated April 29, 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 WHEREAS, after such public hearing and investigation by the City Council, it now appears that the prosperity of the City and 0C 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 Marcia McMillin and Garvin McMillin Colburn, which territory is more fully described as follows: BEGINNING at the existing Chattanooga City Limit Line at the northwest property corner of Parcel G-004, Hunnicutt Tax Map 167A; thence, in an easterly direction along the northern property line of Parcel G-004, Map 167A, and the southern property line of Parcel G-003, Map 167A, to a point which is the northeastern property corner and in the western right-of-way line of South Scenic Highway; thence, extending said property line across said highway to its eastern right-of-way line, said point being the northwestern property corner of Parcel J-004, Map 167A; thence, along the common property line between Parcels J-004 and J-005 to the northeastern property corner of Parcel J-004, Map 167A and the western right-of-line of Sanders Road; thence, extending said property line across said road right-of-way to its eastern right-of-way line; thence, in a southeasterly direction, along the eastern right-of-way line of said road to the southeast property corner of Parcel J-004, Map 167A; thence, in a westerly direction, along the common property line between Parcel J-004 and Parcels J-003 and J-003.1, Map 167A, to a point in the eastern right-of-way line of South Scenic Highway; thence, across said highway to the southeastern property corner of Parcel G-004, Map 167A; thence in a westerly direction, along the common property line between Parcels G-004 and G-005, Map 167A, to the southwestern property corner of Parcel G-004, Map 167A, to the aforementioned city limit line; thence, in a northerly direction, along said city limit line and the western property line of Parcel G-004, Map 167A, 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 (2) weeks from and after its passage, the public welfare requiring it. PASSED on Third and Final Reading June 20, 1995. s/s____________________________ CHAIRPERSON APPROVED:__X__ DISAPPROVED:____ DATE: ___________ _____, 1995. s/s____________________________ MAYOR PAN.tlm