Subject: 10339/Ord/Annex/RubyFalls/Petitioned Date: Mon, 6 Feb 1995 11:36:34 -0500 ORDINANCE NO. 10339 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 LOOKOUT MOUNTAIN CAVERNS, INC. 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 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 John T. Steiner as President of Lookout Mountain Caverns, Inc., and dated November 17, 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 a 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 0C 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 Lookout Mountain Caverns, Inc., which territory is more fully described as follows: BEGINNING at a point in the existing Chattanooga City Limits Line at the terminus point of the eastern right-of-way line of Guild Trail at the southwestern property corner of Parcel D-002, Hunnicutt Tax Map Number 155H; thence, continuing along the said existing city limits line, crossing said trail, perpendicular to said right-of-way in a southwesterly direction, to the southeastern property corner of Parcel C-001, Map Number 155H, said property corner is a point in the northwestern property line of Parcel C-002, Map Number 155H; thence, continuing along the existing city limits line in a southeasterly direction, along the eastern property line of Parcel C-002, Map Number 155H, to its southeastern property corner; thence, along the existing city limits line in a southwesterly direction, along the common property line between Parcels C-002 and C-003, Map Number 155H, to the southwestern property corner of Parcel C-002, Map Number 155H, being also the eastern right-of-way line of South Scenic Highway and the western property lines of Parcel C-003, Map 155H, and Parcel C-009, Map Number 155I; thence, continuing with the eastern right-of-way line of South Scenic Highway and the western property lines of Parcels C-010, C-011, C-012, and C-013, Map Number 155I, to its intersection with the northern right-of-way line of Lower Cravens Terrace; thence, crossing the right-of-way of South Scenic Highway, in a southwesterly direction to the northeastern property corner of Parcel B-015, Map Number 155I at the intersection of the rights-of-way of South Scenic Highway and Cravens Terrace; thence, along the southwestern right-of-way line of Cravens Terrace and the north eastern property lines of Parcels B-015, B-014, B-013, B-012, B-001.1, B-011.1, B-011, B-010, and B-009, Map Number 155I; thence, in a northeasterly direction, crossing Cravens Terrace to the southeastern property corner of Parcel B-015, Map Number 155H; thence, in a northeasterly direction along the common property line between Parcels B-014.1 and B-015, Map Number 155H, to the northeastern property corner of said Parcel B-015; thence, in a northwesterly direction, along the common property line between Parcels B-014.1 and B-015, Map Number 155H, to the common Section Corner of Sections 5, 6, 7, & 8, Township 3, Range 4; thence, in a northeasterly direction, along the common property line between Parcel B-014.1 and Parcels B-004, B-005, and B-006, Map Number 155H, to the northeastern property corner of said Parcel 014.1; thence, continuing in a northeastern direction along the common property line between Parcels B-014 and B-013, Map Number 155H, to a point in the south right-of-way line of Guild Trail and the existing city limits line; thence, continuing along the existing city limits line and the south right-of-way line of Guild Trail to its intersection with the western right-of-way line of South Scenic Highway, in a southeasterly direction: thence, continuing along the existing city limits line in a southeasterly direction, crossing South Scenic Highway to its eastern right-of-way line at its intersection with the south right-of-way line of Guild Trail; thence, continuing along the existing city limits line, along the south right-of-way line of Guild Trail and the northeastern property line of Parcel C-001, Map Number 155H, to a point opposite the northwestern property corner of Parcel D-002, Map Number 155H; thence, continuing with the existing city limits line, in a northeasterly direction, crossing Guild Trail to the northwestern corner of Parcel D-002, Map Number 155H; thence, continuing along the existing city limits line in a northeasterly direction, along the northern property line of Parcel D-002, Map Number 155H, to its common property corner with Parcel D-001, Map Number 155H; thence, along the common property line between Parcels D-001 and D-002, Map Number 155H, to the southeastern property corner of said Parcel D-002; thence, in a southwesterly direction along the southern property line of said Parcel D-002, to the POINT OF BEGINNING. (Copy of map attached pursuant to T.C.A. A76-51-101(3)). 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 November 28, 1995. s/s____________________________ CHAIRPERSON APPROVED:__X__ DISAPPROVED:____ DATE: ___________ _____, 1995. s/s____________________________ MAYOR PAN.tlm