HomeMy WebLinkAbout10127 ORD - 03/03/1971AN ORDINANCE
PROVIDING FOR THE CESSION BY THE CITY OF CORPUS
CHRISTI TO THE CITY OF ARANSAS PASS AND BY THE
CITY OF ARANSAS PASS TO THE CITY OF CORPUS CHRISTI
OF ALL ANNEXATION RIGHTS AND POLICE POWERS OVER AND
IN CERTAIN TRACTS OF WATER AND UNDERLYING LANDS, A MAP OF
THE SAME, MARKED EXHIBIT "A ", BEING ATTACHED HERETO,
WITHIN THE OVERLAPPING EXTRATERRITORIAL JURISDICTION
OF THE CITY OF CORPUS CHRISTI AM THE CITY OF ARANSAS
PASS, AS DEFINED BY ART. 970A, V.A.C.S., TEXAS, BY
MUTUAL WRITTEN AGREEMENT, MARKED EXHIBIT "B ", ATTACHED
HERETO BY THIS REFERENCE INCORPORATED HEREIN AND MADE
A PART HEREOF, PURSUANT TO ART. 970A, V.A.C.S., TEXAS,
SECTIONS B AND C; PROVIDING PUBLICATION BY CAPTION;
PROVIDING A REPEALING CLAUSE; AND PROVIDING SEVERABILITY.
WHEREAS, THE CITY OF CORPUS CHRISTI IS A CITY HAVING A POPULATION
OF ONE HUNDRED THOUSAND OR MORE INHABITANTS; AND
WHEREAS, THE PRESENT EXTRATERRITORIAL JURISDICTION OF THE
CITY OF CORPUS CHRISTI CONSISTS OF ALL CONTIGUOUS UNINCORPORATED AREA,
NOT A PART OF ANY OTHER CITY, WITHIN FIVE MILES OF THE CORPORATE LIMITS OF
SAID CITY; AND
WHEREAS, THE HEREINAFTER DESCRIBED CERTAIN TRACTS OF WATER AND
UNDERLYING LANDS, A MAP OF THE SAME, MARKED-EXHIBIT "A ", BEING ATTACHED
HERETO, ARE FOUND TO LIE WITHIN THE EXTRATERRITORIAL JURISDICTION OF SAID
CITY; AND
WHEREAS, THE CITY OF ARANSAS PASS IS A CITY HAVING A POPULATION OF
5000 OR MORE INHABITANTS, BUT LESS THAN 6000 INHABITANTS; AND
WHEREAS, THE PRESENT EXTRATERRITORIAL JURISDICTION OF THE CITY
OF ARANSAS PASS CONSISTS OF ALL CONTIGUOUS UNINCORPORATED AREA, NOT A
PART OF ANY OTHER CITY WITHIN ONE (1) MILE OF THE CORPORATE LIMITS OF SAID
CITY; AND
WHEREAS, THE HEREINAFTER DESCRIBED CERTAIN TRACTS OF WATER AND
UNDERLYING LANDS, A MAP OF THE SAME, MARKED EXHIBIT "A ", BEING ATTACHED
HERETO, AND BEING THE SAME WATERS AND LAND HEREINABOVE REFERRED TO, ARE
FOUND TO BE WITHIN THE EXTRATERRITORIAL JURISDICTION OF BOTHr THE CITY
OF ARANSAS PASS AND THE CITY OF CORPUS CHRISTI, CONSTITUTING AN OVERLAPPING
EXTRATERRITORIAL JURISDICTION, AS DEFINED BY ARTICLE 970A, V.A.C.S., TEXAS;
AND
WHEREAS, THE CITY OF CORPUS CHRISTI AND THE CITY OF ARANSAS PASS
ARE MUTUALLY DESIROUS OF APPORTIONING SAID OVERLAPPING EXTRATERRITORIAL
10127
JURISDICTION, THERE BEING NO OTHER CITIES HAVING JURISDICTION OR LEGAL
INTEREST THEREIN, FOR THE PURPOSE OF ESTABLISHING THE EXCLUSIVE ANNEXA-
TION RIGHTS AND POLICE POWERS OF THE TWO CITIES OVER AND IN SEPARATE
PORTIONS OF SAID CERTAIN TRACTS OF WATER AND UNDERLYING LANDS:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI IS
HEREBY AUTHORIZED AND DIRECTED TO ENTER INTO, SUBSCRIBE, AND EXECUTE
THE "CITY OF ARANSAS PASS -CITY OF CORPUS CHRISTI ART. 970A CESSION AGREEMENT ",
MARKED EXHIBIT IIB11, ATTACHED HERETO, AND BY THIS REFERENCE INCORPORATED
HEREIN AND MADE A PART HEREOF FOR ALL PURPOSES, FOR AND IN BEHALF OF THE
CITY OF CORPUS CHRISTI, TO BE WHOLLY BINDING ACCORDING TO THE TERMS THEREOF
UPON THE CITY OF CORPUS CHRISTI AND THE CITY OF ARANSAS PASS, ALL AS
AUTHORIZED BY ART. 970A, V.A.C.S., TEXAS, AND PURSUANT TO SECTIONS B AND
C THEREOF, AND APPROVED, SEALED AND ATTESTED BY THE CITY'S OFFICERS AS
REQUIRED BY LAW.
SECTION 2. THIS ORDINANCE SHALL BE PUBLISHED BY CAPTION ONCE IN
A NEWSPAPER OF GENERAL CIRCULATION IN THE CITY OF CORPUS CHRISTI.
SECTION 3. ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH SHALL BE AND ARE HEREBY REPEALED TO THE EXTENT OF CONFLICT
HEREWITH.
SECTION 4. IF FOR ANY REASON ANY SECTION, PARAGRAPH, SUBDIVI-
SION, CLAUSE, PHRASE, OR PROVISION OF THIS ORDINANCE SHALL BE HELD
INVALID BY FINAL JUDGMENT OF A COURT OF COMPETENT JURISDICTION, IT SHALL
NOT AFFECT ANY VALID PROVISIONS OF THIS OR ANY OTHER ORDINANCE OF THE
CITY OF CORPUS CHRISTI TO WHICH THESE RULES AND REGULATIONS RELATE.
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JRR:vMP:I /26/71 EXHIBIT "B"
STATE OF TEXAS 1
CITY OF ARANSAS PASS - CITY OF CORPUS CHRISTI
ART. 970A CESSION AGREEMENT
BE IT REMEMBERED BY ALL MIEN:
WHEREAS, THE CITY OF ARANSAS PASS IS A CITY HAVING A POPULATION OF
FIVE THOUSAND OR MORE INHABITANTS, BUT LESS THAN SIX THOUSAND INHABITANTS;
AND
WHEREAS, THE PRESENT EXTRATERRITORIAL JURISDICTION OF THE CITY OF
ARANSAS PASS-CONSISTS OF.ALL CONTIGUOUS UNINCORPORATED AREA, NOT A PART OF
ANY OTHER CITY, WITH ONE MILE OF THE CORPORATE LIMITS OF SAID CITY; AND
WHEREAS, THE HEREINAFTER DESCRIBED CERTAIN TRACTS OF WATER AND
UNDERLYING LANDS, A MAP OF THE SAME, MARKED EXHIBIT "A ", BEING ATTACHED HERE-
TO, ARE FOUND TO LIE WITHIN THE EXTRATERRITORIAL JURISDICTION OF SAID CITY;
AND
WHEREAS, THE CITY OF CORPUS CHRISTI IS A CITY HAVING A POPULATION
OF ONE HUNDRED THOUSAND OR MORE INHABITANTS; AND
WHEREAS, THE PRESENT EXTRATERRITORIAL JURISDICTION OF THE CITY OF
CORPUS CHRISTI CONSISTS OF ALL CONTIGUOUS UNINCORPORATED AREA, NOT A PART OF
ANY OTHER CITY WITHIN FIVE (5) MILES OF THE CORPORATE LIMITS OF SAID CITY;
AND
WHEREAS, THE HEREINAFTER DESCRIBED CERTAIN TRACTS OF WATER AND
UNDERLYING LANDS, A MAP OF THE SAME, MARKED EXHIBIT "A ", BEING ATTACHED HERE-
TO, AND BEING THE SAME WATERS AND LANDS HEREINBEFORE REFERRED TO, ARE FOUND
TO BE WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI,
CONSTITUTING AN OVERLAPPING EXTRATERRITORIAL JURISDICTION OF THE CITY OF
ARANSAS PASS AND THE CITY OF CORPUS CHRISTI, AS DEFINED BY ARTICLE 970A,
V.A.C.S., TEXAS; AND
WHEREAS, THE CITY OF ARANSAS PASS AND THE CITY OF CORPUS CHRISTI
ARE MUTUALLY DESIROUS OF APPORTIONING SAID OVERLAPPING EXTRATERRITORIAL
JURISDICTION, THERE BEING NO OTHER CITIES HAVING JURISDICTION OR LEGAL
INTEREST THEREIN, FOR THE PURPOSE OF ESTABLISHING THE EXCLUSIVE ANNEXATION
RIGHTS AND POLICE POWERS OF THE TWO CITIES OVER AND IN SEPARATE PORTIONS
OF SAID CERTAIN TRACTS OF WATER AND UNDERLYING LANDS:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ARANSAS PASS, TEXAS:
THE CITY OF ARANSAS PASS, A MUNICIPAL CORPORATION AND BODY POLITIC
INCORPORATED UNDER THE LAWS OF THE STATE OF TEXAS, IN THE COUNTY OF SAN
PATRICIO, TEXAS, SOMETIMES HEREINAFTER CALLED "ARANSAS PASS ", BY AND THROUGH
ITS CITY MANAGER, WHOSE NAME IS SUBSCRIBED HERETO, FOR AND IN BEHALF OF
ARANSAS PASS, AS HERETOFORE DULY AUTHORIZED AND DIRECTED BY ORDINANCE
NO. OF THE CITY OF ARANSAS•PASS, DOES HEREBY ENTER INTO, SUBSCRIBE,
AND EXECUTE THE AGREEMENT HEREIN, AS AUTHORIZED BY SAID ORDINANCE AND ART.
970A, V.A.C.S. TEXAS, PURSUANT TO SECTIONS B. AND C. THEREOF, WITH THE-CITY
OF CORPUS CHRISTI, A MUNICIPAL CORPORATION AND BODY POLITIC INCORPORATED
UNDER THE LAWS OF THE STATE OF TEXAS, IN THE COUNTY OF NUECES, TEXAS, SOME-
TIMES HEREINAFTER CALLED "CORPUS CHRISTI ", BY AND THROUGH ITS CITY MANAGER,
WHOSE NAME IS SUBSCRIBED HERETO, FOR AND IN BEHALF OF CORPUS CHRISTI, AS
HERETOFORE DULY AUTHORIZED AND DIRECTED BY ORDINANCE N0. /Q, THE CITY
OF CORPUS CHRISTI, AS AUTHORIZED BY SAID ORDINANCE AND ART. 970A, V.A.C.S.
TEXAS, PURSUANT TO SECTIONS B. AND C. THEREOF, AS FOLLOWS:
I
EFFECTIVE AS OF THE DATE OF COMPLETION OF THE SUBSCRIBING, APPROV-
ING, AND ATTESTING HERETO, AS SHOWN HEREIN, THE CITY OF ARANSAS PASS HEREBY
APPORTIONS TO, RELINQUISHES, CEDES, AND CONVEYS TO THE CITY OF CORPUS CHRISTI
EXCLUSIVE ANNEXATION RIGHTS, PRIVILEGES, POWERS, AND AUTHORITY AND ALL POLICE
POWERS, UNDER ART. 970A, V.A.C.S. TEXAS, AND OTHER APPLICABLE LAWS, OVER AND
IN THE IMMEDIATELY HEREINAFTER DESCRIBED TRACTS OF WATER AND UNDERLYING LANDS,
NOW CONSTITUTING AN OVERLAPPING EXTRATERRITORIAL JURISDICTION OF THE CITY OF
ARANSAS PASS AND THE CITY.OF CORPUS CHRISTI:
BEGINNING AT A POINT IN THE PRESENT CITY OF CORPUS CHRISTI
CITY LIMITS LINE, SAID POINT BEING AT THE MOST EASTERLY
CORNER OF STATE TRACT N0. 417;
THENCE IN A SOUTHEASTERLY DIRECTION WITH THE NORTHEAST
BOUNDARY LINE OF STATE TRACT N0. 416, TO ITS INTERSECTION
WITH THE WESTERLY EXTENSION OF THE MOST SOUTHERLY CITY
LIMITS LINE OF THE CITY OF ARANSAS PASS
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THENCE IN AN EASTERLY DIRECTION WITH THE WESTERLY EXTENSION
OF THE MOST SOUTHERLY LINE OF THE ARANSAS PASS CITY LIMITS
AND CONTINUING WITH THE MOST SOUTHERLY LINE OF THE SAID
ARANSAS PASS CITY LIMITS AND ITS EXTENSION EASTERLY, TO ITS
INTERSECTION WITH THE NORTHEAST BOUNDARY LINE OF STATE TRACT
No. 344;
THENCE IN A SOUTHEASTERLY DIRECTION WITH THE NORTHEAST
BOUNDARY LINES OF STATE TRACTS NO. 344, 345, 346 AND 347, TO
A POINT THAT IS ONE (1) MILE SOUTH OF MEASURED NORMALLY AT
RIGHT ANGLES TO THE MOST SOUTHERLY CITY LIMITS LINE OF THE
CITY OF ARANSAS PASS;
THENCE IN AN EASTERLY DIRECTION WITH A LINE THAT IS ONE
MILE SOUTH OF AND PARALLEL TO THE MOST SOUTHERLY ARANSAS PASS
CITY LIMITS LINE, TO ITS INTERSECTION WITH THE PRESENT MOST
EASTERLY CITY LIMITS LINE OF THE CITY OF CORPUS CHRISTI;
=THENCE IN.A NORTHERLY DIRECTION WITH THE PRESENT MOST EASTERLY
CITY LIMITS LINE OF THE CITY OF CORPUS CHRISTI TO THE PLACE OF
BEGINNING.
ALL SUCH RIGHTS, PRIVILEGES, POWERS, AUTHORITY, AND ALL POLICE POWERS, UNDER
ARTICLE 970A, V.A.C.S. TEXAS, AND OTHER APPLICABLE LAWS AS TO THE ABOVE
DESCRIBED WATER AND LANDS, SHALL BE IN THE SOLE AND EXCLUSIVE JURISDICTION
OF THE CITY OF CORPUS CHRISTI.
EFFECTIVE AS OF THE DATE OF COMPLETION OF THE SUBSCRIBING, APPROV-
ING, AND ATTESTING HERETO, AS SHOWN HEREIN, THE CITY OF CORPUS CHRISTI HEREBY
APPORTIONS TO, RELINQUISHES, CEDES, AND CONVEYS TO THE CITY OF ARANSAS PASS
SOLE AND EXCLUSIVE ANNEXATION RIGHTS, PRIVILEGES, POWERS AND AUTHORITY AND
ALL POLICE POWERS, UNDER ARTICLE 970A, V.A.C.S. TEXAS, AND OTHER APPLICABLE
LAWS, OVER AND IN THE IMMEDIATELY HEREINAFTER DESCRIBED TRACTS OF WATER AND
UNDERLYING LANDS NOW CONSTITUTING AN OVERLAPPING EXTRATERRITORIAL JURISDIC-
TION OF THE CITY OF ARANSAS PASS AND THE CITY OF CORPUS CHRISTI:
BEGINNING AT AN ANGLE POINT IN THE PRESENT ARANSAS PASS CITY
LIMITS, SAID POINT BEING IN THE NORTHEAST BOUNDARY LINE OF STATE
TRACT No. 326;
THENCE IN A SOUTHERLY DIRECTION WITH THE PRESENT CITY LIMITS
OF ARANSAS PASS WITH A LINE OF ARC THAT IS FIVE (5) MILES
EASt OF MEASURED FROM THE MOST EASTERLY CORNER OF STATE
TRACT ND. 417, THE MOST EASTERLY CORNER OF THE CORPUS CHRISTI
CITY LIMITS, TO ITS INTERSECTION WITH THE EASTERLY EXTENSION
OF THE MOST SOUTHERLY LINE OF THE ARANSAS PASS CITY LIMITS;
THENCE IN A WESTERLY DIRECTION WITH THE EASTERLY-EXTENSION
OF THE MOST SOUTHERLY ARANSAS PASS CITY LIMITS LINE, TO AN
ANGLE POINT IN THE ARANSAS PASS CITY LIMITS, SAID POINT
BEING IN STATE TRACT N0. 344;
THENCE IN A NORTHERLY DIRECTION WITH THE PRESENT ARANSAS PASS
CITY LIMITS, TO THE POINT OF BEGINNING.
-3-
ALL SUCH RIGHTS, PRIVILEGES, POWERS, AUTHORITY AND ALL POLICE POWERS, UNDER
ARTICLE 970A, V.A.C.S., TEXAS, AND OTHER APPLICABLE LAWS, AS TO THE ABOVE
DESCRIBED WATER AND LANDS, SHALL BE IN THE SOLE AND EXCLUSIVE JURISDICTION
OF THE CITY OF ARANSAS PASS.
ALL UNDERSTANDINGS, BARGAINS, AND AGREEMENTS OF THE PARTIES HERE-
TO ARE MERGED IN THIS AGREEMENT INSTRUMENT AND ALL PRIOR UNDERSTANDINGS,
BARGAINS, AND AGREEMENTS OF THE PARTIES HERETO, RELATIVE TO THE SUBJECT
MATTER HEREOF, ARE SUPERSEDED BY THIS AGREEMENT.
IV
A MAP OF THE HEREINDEFORE DESCRIBED TRACTS, MARKED EXHIBIT "A ",
IS ANNEXED HERETO.
V
IF ANY SECTION, PARAGRAPH, SENTENCE, CLAUSE, PHRASE, OR WORD OF
THIS AGREEMENT SHALL, FOR ANY REASON, BE FINALLY ADJUDGED BY ANY COURT OF
COMPETENT JURISDICTION TO BE UNCONSTITUTIONAL OR INVALID, SUCH FINAL JUDG-
MENT SHALL NOT AFFECT, IMPAIR, OR INVALIDATE THE REMAINDER THEREOF, BUT
SHALL BE CONFINED IN ITS OPERATION TO THE SECTION, PARAGRAPH, SENTENCE,
CLAUSE, PHRASE, OR WORD THEREOF SO FOUND UNCONSTITUTIONAL OR INVALID.
SUBSCRIBED, ATTESTED, APPROVED AND EXECUTED IN DUPLICATE ORIGINALS
IN THE STATE OF TEXAS AND COMPLETED ON THIS DAY OF ,
1971-
ATTEST: THE CITY OF ARANSAS PASS
NAME:
CITY SECRETARY TITLE: CITY MANAGER
CITY OF ARANSAS PASS
APPROVED:
CITY ATTORNEY
CITY OF ARANSAS PASS
-4-
ATTEST:
T. RAY KRING
CITY SECRETARY
CITY OF CORPUS CHRISTI
APPROV
CAMES R. RIGGS
ITY ATTORNEY
CITY OF CORPUS CHRISTI
THE CITY OF CORPUS CHRISTI
R. MARVIN TOWNSEND
CITY MANAGER
That the foregoing ordinance was read for the first time and
passed to its second reading on this the I 'Vday of ,
19.,// , by the following vote: f/
Jack R. Blackmon ` i
��} Fc
=
Gabe Lozano, Sr. 4t—
V. A. "Dick" Bradley, Jr.
Eduardo E. de Ases`,�P✓
Ken McDaniel
W. J. "Wrangler" Roberts
Ronnie Sizemore C�IvF�
That the foregoing ordinancre /'was read (for the second time and Passed
to its third reading on this the �°1�5�. day of 19
by the following vote:
Jack R. Blackmon
Gabe Lozano, Sr.
V. A. "Dick" Bradley, Jr. (-
Eduardo E. de Ases
Ken McDaniel
W. J. "Wrangler" Roberts
Ronnie Sizemore
That the foy go1. ordinance was read forUe third time and passed
finally on this the , °)k at1 day of 19 W. , by the following
vote:
Jack R. Blackmon
` Gabe Lozano, Sr.
V. A. "Dick" Bradley, Jr.
Eduardo E. de Ases
Ken McDaniel
W. J. "Wrangler" Roberts �I
Ronnie Sizemore Li J�J,
PASSED AND APPROVED, this the t.' cL n day /of `� 1 /( &W,,J 19 7/ .
ATTE
7
f
City Sec et y Z'jTlHE CITY OF CORPUS CHRISTI, TEXAS
AITROVED AS TOE/ GAL FO THIS THE
k DAY OF /6� l , 19 ;,
r
r
PUBLISHER'S AFFIDAVIT
STATE OF TEXAS, las:
County of Nueces. 11
Before me, the undersigned, a Notary Public, this day personally came ... ...............................
L.ela. .nd ... G.. .. Barnd9 ........................... who being first duly sworn, according to law, says that he is the
.......................
Q] ad.'gizted ...I; Ia0g2I' ............................... of the Corpus Christi Caller and The Corpus Christi Times,
Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of
e.... Q1---- `-- a5a5e - -_yi •vt-ui�i��iSe C... FkR. i.-_ iv4.(.....- Y- x'. 4. Y.. t. 4± i1- b...- ...:4- tt.l....ti.�:a�z3�
of all annexation rights & police powers over certain tracts of water
of which the annexed is a true copy, was published in ... Times --------------------------------------------------------------- _. -_ -_ - --
x v o.1on the..6 -W1 --- day of--------- .- _Ma. . . i....................._....
ona... .. ............Times.
$- ...7.95 ................. .. _..
- "E6 arici'
Subscribed and sworn to before me this.. - -.. -- $th.--..day of ................. Y4M }l....................... 19...21.._..
.._ .......
._.1/C�� 1......... _
Louise Vick otary Public, Nueces County, Texas