HomeMy WebLinkAbout08763 ORD - 02/14/1968• 2/15/68 _ I
AN ORDINANCE
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AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE,
FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, AN
AGREEMENT WITH THE CITY OF PORTLAND, TEXAS, APPORTIONING
OVERLAPPED AREA OF EXTRATERRITORIAL JURISDICTION OF
CERTAIN LAND AND BAY AREAS, ALL IN ACCORDANCE WITH THE
TERMS OF THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO
AND MADE A PART HEREOF; REPEALING ORDINANCE 8667; AND
DECLARING AN EMERGENCY.
WHEREAS, THERE EXISTS AN OVERLAPPED AREA OF EXTRATERRITORIAL
JURISDICTION OF THE CITIES OF PORTLAND, TEXAS AND CORPUS CHRISTI, TEXAS,
AS THAT JURISDICTION IS DEFINED IN THE MUNICIPAL ANNEXATION ACT; AND
WHEREAS, THE SAID CITIES HAVE THROUGH THEIR OFFICERS AND REPRE-
SENTATIVES ARRIVED AT AN AGREEMENT OVER SAID OVERLAPPED EXTRATERRITORY TO
THE EFFECT THAT ALL OF THE WATER AREA OUTSIDE OF THE CITY OF PORTLAND,
WITHIN NUECES BAY AND CORPUS CHRISTI BAY, AND WITHIN ONE MILE OF THE CITY
OF PORTLAND, SHALL BE UNDER THE EXTRATERRITORIAL CONTROL OF THE CITY OF
PORTLAND, THE CITY OF CORPUS CHRISTI RELINQUISHING SUCH TERRITORY ON
THE CONDITION THAT IT BE ANNEXED TO THE CITY OF PORTLAND WITHIN SIX (6)
MONTHS AND NOT DE- ANNEXED, AND ALL OF THE LAND AREA IN SAN PATRICIO COUNTY
WITHIN ONE MILE OF THE CITY OF PORTLAND SHALL BE WITHIN THE EXTRATERRITORIAL
CONTROL OF THE CITY OF PORTLAND:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. THAT THE CITY MANAGER BE, AND HE IS HEREBY, AUTHORIZED
AND DIRECTED TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI,
AN AGREEMENT WITH THE CITY OF PORTLAND, APPORTIONING OVERLAPPED AREA OF
EXTRATERRITORIAL JURISDICTION SO AS TO PLACE ALL OF THE WATER AREA OUTSIDE
OF THE CITY OF PORTLAND, WITHIN NUECES BAY AND CORPUS CHRISTI BAY, AND
WITHIN ONE MILE OF THE CITY OF PORTLAND, UNDER THE EXTRATERRITORIAL CONTROL
OF THE CITY OF PORTLAND, WITHIN THE CONDITION THAT IF SUCH TERRITORY BE NOT
ANNEXED BY PORTLAND WITHIN SIX (6) MONTHS, OF IF AFTER ANNEXATION TO
PORTLAND IT BE DE- ANNEXED, THAT SUCH TERRITORY WILL BE WITHIN THE
EXTRATERRITORIAL JURISDICTION OF CORPUS CHRISTI, AND THAT ALL OF THE
LAND AREA IN SAN PATRICIO COUNTY WITHIN ONE MILE OF THE CITY OF PORTLAND
BE WITHIN THE EXTRATERRITORIAL CONTROL OF THE CITY OF PORTLAND, ALL IN
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ACCORDANCE WITH THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND
MADE A PART HEREOF.
SECTION 2. THAT ORDINANCE N0. 8667, APPROVED ON NOVEMBER 22,
1967, BE, AND THE SAME IS HEREBY, REPEALED.
SECTION 3. THE NECESSITY TO AUTHORIZE THE CITY MANAGER OF THE
CITY OF CORPUS CHRISTI TO EXECUTE THE AFORESAID AGREEMENT WITH THE CITY
OF PORTLAND, TEXAS, IN ORDER TO EFFECT THE TERMS THEREOF WITHOUT DELAY
CREATES A PUBLIC EMERGENCY AND IMPERATIVE PUBLIC NECESSITY REQUIRING THE
SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE
PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE
OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL,
AND THE MAYOR HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, AND
HAVING REQUESTED THE SUSPENSION OF THE CHARTER RULE THAT THIS ORDINANCE
BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE
IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY
SO ORDAINED, THIS THE 111TH DAY OF FEBRUARY, 1968.
ATTEST: A ,
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CITY SEC E ARY O
S
�r THE CITY OF CORPUS CHRISTI, TEXAS
APPROVED AS TO LEGAL FORM
>✓ D Y OF FEBRUARY 1968:
AITACITY A EY
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AGREf.6£NT BETV EEN CITIES CU XERNING
0 RLAPPED AwA uF
EXTEi,4TEi lT0RIAL JURKi0ICTIQN
THE STATE OF TEXAS f
C(AJm OF "as
THE STATE OF TEXA4 �
Qa:1lATf Of SAN PATRICIG
THIS AGREEMENT 15 EXECUTED DY AND DETUCEN THE CITY OF 'CORPUS
CHRISTI: TEXAS, AND THE CITY OF PORTLAND, TEXAS;
WITNESSETH:
FIRST. THE PARTIES AGREE THAT UNDER TYPE PROVISIONS OF THE FlUNICIPAL
ANNEXATIOn ACT, THE CITY OF CORPUS CHR13TIg TEXASt WAS CETRAW,RITORIAL
JURISDICTIONd WITNIfJ FIVE MILE'S OF ITS CORPORATE LIfSITOa ANO THE CITY OF
PORTLAND, TENAB, HAS EXTRATERRRITORiAL JURISDICTION UIT111N ONE (Ij MILE OF
ITS CORPORATE LIMITS.
SECOND. THE PARTic, AGREE THAT THERE EXISTS AN OVERLAPPED AREA
OF EXTRATERRITORIAL JURISDICTION OF EACH OF SAID CITIES, AS THAT JURISDIC-
TION 1_4 DEFINED IN THE I4JNICiPAL ANNEXATION ACT, WHICH AREA OF OVERLAPPED _
EXTRATERRITORIAL JURISSDICTION 13 UORE PARTICULARLY DESCRIUED A6 F06Lowa,
TO -WIT
ALL OF THE UNINCORPORATED LAND AND WATER AREA,
NOT A PART OF ANY OTHER CITY, CONTIGUOUS TO AND
WITHIN ONE 141LE OF THE CORPORATE LIMITS OF
PORTLAND, TEXAS.
THIRD. FROM AND AFTER THE DATE THIS AGREEMENT IS APPROVED AND
ADOPTED BY THE GOVERNING DRDIES OF THE CITIES WHICH ARE PARTIES HERETO, AND
FOR A PERIOD OF TEN YEAPG THEREAFTER, THE CITY OF PORTLAND, TEXAS, *HALL
JIAVE EXCLUSIVE EXTRATERRITORIAL JURISDICTION OVER THE ADOVC DESCRiDED MR-
LAPPED LAND AREA: AS DCOCRIDED 114 THE SECOND PARAGRAPH OF THID AC.REEWENT.
IF SAID LAND ARCA i3 NOT ANII&RED WITHIN SAID TEN YEAR PERIOD, IT SHALL REVERT
TO THE OVERLAPPED EXTRATERRITORIAL JURISDICTION IN EFFECT AT THE TIME TI-113
CONTRACT 13 EXECUTED.
FOURTH. FROM AND AFTER TH£ DATE THIS AGREEMENT IJ APPROVED AND
ADOPTED BY THE GOVERNING BODIES OI" THE CITIES VHICH ARE PARTIES HERETO,
AND FOR A PERIOD OF ONE YEAR THEREAFTER, THE CITY OF PORTLAND, TEXAS, SHALL
HAVE EXCLUSIVE EXTRATERRITORIAL JURISDICTION OVER THE ABOVE DESCRIBED OVER-
LAPPED WATER AREA, AS DESCRIBED M THE SECOND PARAGRAPH OF THIS AGREEMENT.
HOWEVER, IF THE CITY OF PORTLAND, TEXAS, HAS TAILED TO ANNEX SUCH WATER AREA
w TH:N six (6) Id011TH3 FROA THE DATE THIS CONTRACT IS EXECUTED, IT SHALL RETURN
TO ITS FCRIdER STATUS AS OVERLAPPED EXTRATERRITORIAL AREA.
FIFTH. TRIS AGREEMENT SHALL DE EXECUTED IN DUPLICATE, EITHER
COPY OF' VHICH SHALL BC CONSIDERED TO BE AN ORIGINAL COPY, BY THE PROPER
OFFICER OF EACH CITY WHICH IS A PARTY H.ERCTO, ATTESTED EY THE CITY SECRETARY
ANA UNDER THE CORPORATE SEAL OF EACH SAID CITY,
SIXTM. IF SAID LAND OR WATER AREA IS ANNEXED BY THE CITY OF
PORTLAND ACID SUBSEQUENTLY DE °ACLUEXCD IT SHALL IMMEDIATELY REVERT TO THE
EXTRATERRITORIAL. JURISDICTION IN EFFECT ON THE EFFECTIVE DATE OF THIS CONTRACT.
SEM4 H. THIS AGREEMENT SHALL BECOME EFFECTIVE ONLY UPON RATIFI-
CATION AND APPROVAL BT THE GOVERNING BODIES OF DOTH OF THE CITIES GHICH ARE
PARTIES HERETO, AND CONTINUE IN EFFECT SUBJECT TO ALL THE PROVISIONS OF
LAW RELATING TO EXTRATERRITORIAL JURISDICTION FOR THE PERIODS OF TIME SET
OUT IN PARAGRAPHS 'THREE AND FOUR ABOVE.
IN TESTIMNY WHEREOF, WITNESS OUR HANDS AND THE CORPORATE SEALS!
THIS THE -- - DAY OF - - - -- - -- 1g6b.
ATTEST: CITY OF CORPUS CHRISTI, TEXAS
CITY 5;CRETARY Fite
CITY MANAGER. -
APPAMD AS TO LEGAL FORM THIS
DAY OF , 1968:
CITY ATTORNEY
CITY OF PORTLAND, TEXAS
By
ATTEST: MAYOR
CITY SECRETARY
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CORPUS CHRISTI, TEXAS
DAY OF.
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING
ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN-
SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL
BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR
RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCILS I, THEREFORE,
REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI-
NANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE
CITY COUNCIL.
RESPECTFULLY,
`YOR
THE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
JACK R. BLACKMON�_
RONNIE SIZEMORE
V. A. "DICK" BRADLEY, JR.
P. JIMENEZ, JR., M.D.
GABE LOZANO, SR.
KEN MCDANIEL
W. J. "WRANGLER" ROBERTS
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
JACK R. BLACKMON
RONNIE SIZEMORE
V. A. "DICK" BRADLEY, JR.
P. JIMENEZ, JR., M.D.
GABE LOZANO, SR.p_
KEN MCDANIEL
W. J. "WRANGLER" ROBERTS