HomeMy WebLinkAbout10694 ORD - 02/09/19721 /13f72:;WC:vmv -
AN ORDINANCE
PROVIDING FOR THE CESSION BY THE CITY OF CORPUS CHRISTI
TO THE CITY OF PORT ARANSAS 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 EXTRA-
TERRITORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI
AND THE CITY OF PORT ARANSAS, AS DEFINED BY ART. 970A,
V.A.C.S. TEXAS, BY MUTUAL WRITTEN AGREEMENT, MARKED
EXHIBIT ?I B", ATTACHED HERETO BY THIS REFERENCE INCORPO-
RATED HEREIN AND MADE A PART HEREOF, PURSUANT TO ART.
970A, V.A.C.S., TEXAS, SECTIONS B AND C; PROVIDING PUB-
LICATION 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 LAND AND
WATER WITH UNDERLYING LANDS, A MAP OF THE SAME MARKED EXHIBIT "A" BEING
ATTACHED HERETO, ARE FOUND TO BE WITHIN THE EXTRATERRITORIAL JURISDICTION
OF SAID CITY; AND
WHEREAS, THE CITY OF PORT ARANSAS IS DESIROUS OF ANNEXING
APPROXIMATELY 678 ACRES OF LAND AND WATER WITH UNDERLYING LANDS AND
EXTENDING ITS EXTRATERRITORIAL JURISDICTION ONE -HALF MILE FROM SAID
AREA TO BE ANNEXED, A PORTION OF SUCH ANNEXED AREA AND THE AREA WITHIN
THE ONE -HALF MILE EXTRATERRITORIAL JURISDICTION BEING PRESENTLY WITHIN
THE SAID FIVE -MILE EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS
CHRISTI; AND
WHEREAS, IT IS THE DESIRE OF THE CITY OF CORPUS CHRISTI TO REDUCE
THE BOUNDARIES OF ITS EXTRATERRITORIAL JURISDICTION SO THAT SAID PROPOSED
ANNEXATION BY THE CITY OF PORT ARANSAS MAY BE ACCOMPLISHED, 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
CITY OF PORT ARANSAS OVER AND IN THE SAID CERTAIN TRACT OF LAND AND WATER
WITH UNDERLYING LANDS:\
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS: . '� 0694
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 PORT ARANSAS -CITY OF CORPUS CHRISTI ART. 970A CESSION AGREEMENT",
MARKED EXHIBIT "B", ATTACHED HERETO, AND BY THIS REFERENCE INCORPORATED
HEREIN AND MADE A PART HEREOF FOR ALL PURPOSES, FOR AND ON 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 PORT ARANSASj ALL AS AUTHOR-
IZED BY ART. 970A, V.A.C.S., TEXAS AND PURSUANT TO SECTIONS B AND C THEREOFp
AND APPROVED, SEALED AND ATTESTED BY THE CITY'S OFFICERS AS REQUIRED BY LAW.
SAID CESSION AGREEMENT SHALL IN NO WAY BE INTENDED TO INCLUDE ANY WATER AREA
OR UNDERLYING LANDS WITHIN THE BOUNDARIES OF CORPUS CHRISTI BAY. '
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, SUBDIVISION,
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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STATE OF TEXAS )
COUNTY OF NUECES )
CITY OF PORT ARANSAS - CITY OF CORPUS CHRISTI
ART. 970A CESSION AGREEMENT
BE IT REMEMBERED BY ALL MEN:
WHEREAS, THE CITY OF PORT ARANSAS IS A CITY HAVING A POPULATION OF
LESS THAN FIVE THOUSAND INHABITANTS; AND
WHEREAS, THE PRESENT EXTRATERRITORIAL JURISDICTION OF THE CITY OF
PORT ARANSAS CONSISTS OF ALL CONTIGUOUS UNINCORPORATED AREA, NOT A PART OF
—ANY—OTHER-CITY, WITH ONE — HALF- MILE`OF'THE-C'ORPORATE 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 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 HERETO,
AND BEING THE SAME WATERS AND LANDS HEREINBEFORE REFERRED TO, ARE FOUND TO BE
WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI, CON-
STITUTING 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 PORT ARANSAS IS DESIROUS OF ANNEXING 678 ACRES
OF LAND AND EXTENDING ITS EXTRATERRITORIAL JURISDICTION ONE —HALF MILE FROM
SAID AREA TO BE ANNEXED AND
WHEREAS, OF SAID AREA TO BE ANNEXED, APPROXIMATELY 7600 SQUARE FEET
IS PRESENTLY WITHIN THE FIVE —MILE EXTRATERRITORIAL JURISDICTION OF THE CITY
OF CORPUS CHRISTI AND ALL OF THE AREA WITHIN THE PROPOSED ONE —HALF MILE EXTENSION
OF EXTRATERRITORIAL JURISDICTION IS ALSO PRESENTLY WITHIN THE FIVE —MILE EXTRA-
TERRITORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI; AND
4.
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WHEREAS, IT IS THE DESIRE OF THE CITY OF CORPUS CHRISTI TO REDUCE
THE BOUNDARIES OF ITS EXTRATERRITORIAL JURISDICTION SO THAT SAID PROPOSED
ANNEXATION BY THE CITY OF PORT ARANSAS MAY BE ACCOMPLISHED, 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 CITY
OF PORT ARANSAS OVER AND IN THE SAID CERTAIN TRACT OF LAND AND WATER WITH
UNDERLYING LANDS:
NOW, THEREFORE, BE IT REMEMBERED:
THE CITY OF PORT ARANSAS, A MUNICIPAL CORPORATION AND BODY POLITIC
INCORPORATED UNDER THE LAWS OF THE STATE OF TEXAS, IN THE COUNTY OF NUECES,
TEXAS, SOMETIMES HEREINAFTER CALLED "PORT ARANSAS", BY AND THROUGH ITS CITY
MANAGER, WHOSE NAME IS SUBSCRIBED HERETO, FOR AND IN BEHALF OF PORT ARANSAS,
AS HERETOFORE DULY AUTHORIZED AND DIRECTED BY ORDINANCE NO.
OF THE CITY OF PORT ARANSAS, 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 A14D 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, SOMETIMES 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 NO. ,
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, APPROVING,
AND ATTESTING HERETO, AS SHOWN HEREIN, AND FOR AND IN CONSIDERATION OF PAYMENT
OF THE SUM OF TEN AND ND/100 DOLLARS (10.00), THE RECEIPT OF WHICH IS HEREBY
ACKNOWLEDGED, THE CITY OF CORPUS CHRISTI HEREBY APPORTIONS T0, RELINQUISHES,
CEDES, AND CONVEYS TO THE CITY OF PORT ARANSAS 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 JURISDICTION OF THE CITY OF PORT ARANSAS AND THE
CITY OF CORPUS CHRISTI; HOWEVER,SAID HEREINAFTER DESCRIBED TRACT OF LAND SHALL
IN NO WAY BE INTENDED.TO INCLUDE ANY WATER AREA OR UNDERLYING LANDS WITHIN THE
BOUNDARIES OF CORPUS CHRISTI BAY.
-2-
Beginning at a point, south corner of present corporate boundary
of Port Aransas, established in 1970, on the Gulf shore of Mustang
Island, for east corner of this tract, whence a point, place of be-
ginning for Survey No. 664, the original corporate boundary for Port
Aransas, a the pipe in the southwest boundary line of Survey 632, the
east corner of Survey 1, Block 1 of the State of Texas subdivisional
survey of public lands on Mustang Island, is reached by running N. 520
191 W. 410 feet, more or less, and N. 370 411 E. 7933 feet,.
Thence, following the present southerly and westerly corporate
boundary of Port Aransas, N. 520 191 W., -at 410 feet, south corner of
Block 12 and east corner of Block 13 in said State of Texas subdivis-
ional survey, and continuing, along the dividing line between Blocks
12, 23, 46, and a portion of 57, to the north, and Blocks 13, 22, 47,
and a portion of 56, to the south, 2530 feet to a point on the east
margin of 120 -foot right of way for public road designated Park Road
53, a corner of said corporate boundary, for a corner of this tract, -
`Thence, following said present corporate boundary, N. 260 221 E.,
along said east margin of Park Road 53 right of way, crossing said
Block 57, 674 feet to a point on the dividing line between State Blocks
57 and 58, a corner of said present corporate boundary, for a corner of
this tract, -
Thence N. 520 191 W., following said present corporate boundary,
along the dividing line between Block 58, 86, 99, 118 and 131, to the
north, and Block 57, 87, 962 119 and 130, to the south, and its extens-
ion, across a portion of State Tract 4, 3037 feet to a point, now within
State Tract 4, the former common corner of'Blocks 130, 131, 152 and 153,
a corner of said present corporate boundary, for a corner of this tract, -
Thence N. 370 41, E., following said present corporate boundary,
crossing portions of State Tracts 4 and 3, as well as small portions of
original blocks, along the dividing line between, original Blocks 131,
132, 133 and 134, to the east, and blocks 152, 1517 150 and 149, to the
west, 2644 feet to a point, the common cornier of Ulocks 134, 135, 148
and 149, a corner of said present corporate boundary, for a corner of
'this tract, -
Thence N. 520 191 W., following said present corporate boundary,
along a portion of the north boundary line of said State Tract 3, and
along the dividing line between original Blocks 148, 170, 180 and 203
to the north, and Blocks 149, 169, 181 and former 202, (the latter now
in State Tract 3) to the south, 2644 feet to a point, the common corner
of Blocks 203 and 209, and former Blocks 202 and 210, a corner of said
present corporate boundary, for a corner of this tract, -
Thence N. 370 411 E., following said.present corporate boundary,
crossing a portion of said State Tract 3, and along the dividing line
between original Blocks 203 and 204, to the east, and 208 and 209, to
the west, 1322 feet to a point, the common corner of Surveys 5 and 6
in Block 207, and of Blocks 204 and 208, in said State of Texas
subdivisional survey of public lands on Mustang Island, a corner of
said present corporate boundary, for a corner of this tract, -
Thence N. 520 191 W., following said present corporate boundary,
along the dividing line between Blocks 207 and 234, to the north, and
208, 233 and 235, to the south, and its extension into Nueces County
Navigation District No. 1 lands, 1983 feet to a point, the most north-
erly west corner of said present corporate boundary, for the north
corner of this tract,-
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Thence S. 37° 411 W., with a southerly extension of present west
corporate boundary, crossing a portion of said Nueces County Navigation
District No. 1 lands, Blocks 235 and 236, and continuing along the same
course, crossing a portion of State Tract 2, and along the dividing
line between Blocks (and former blocks) 237, 238 and 239, to the east,
and Blocks 258, 257 and 256, to the west, 3506 feet to a point, now in
said Tract 2, formerly the common corner of Blocks 239, 240, 255 and
256, for a corner of this tract, -
Thence S. 520 191 E., crossing portions of State Tracts 2 and 3,
and along former dividing line between blocks, 2644 feet to a point,
formerly the common corner of Blocks 183, 184, 199 and 200, for a corner
of this tract, -
Thence S. 370 411 W., crossing a portion of State Tract 3, and
along former dividing line between blocks, 2644 feet to a point, formerly
the common corner of Blocks 187, 188, 195 and 196, for a corner of this
tract, -
Thence S. 520 191 E., crossing portions of State Tracts 3 and 4,
and along dividing line between Blocks (and former blocks) 163, 128 and
121, to the north, and Blocks 162, 127 and 122, to the south, 3506 feet
to a point, the common corner of former blocks 95 and 96 and of Blocks
121 and 122, for a corner of this tract, -
Thence S. 370 411 W., along the dividing line between Block 122
and former block 95 (now a part of State Tract 4), 661 feet to a point,
the common corner of former blocks 94 and 95, and of Blocks 122 and 123,
for a corner of this tract, -
Thence S. 520 191 E., following former dividing line between blocks,
crossing State Tract 4, -at 2644 feet, pass west common corner of Blocks
19 and 20, and continuing, along dividing line between Blocks 20 and 15,
to the north, and Blocks 19 and 16, to the south, at 3967 feet, east
common corner of said Blocks 15 and 16, on the margin of the Gulf of
Mexico beach, -in all 4377 feet to a point on the shore of said Gulf, for
the south corner of this tract, -
Thence N. 370 411 E., along said Gulf shore, 1983 feet to the
place of beginning,-
Containing an area of 678 acres.
ALL SUCH RIGHTS, PRIVILEGES, POWERS, AUTHORITY AND ALL POLICE POWERS, UNDER
ART. 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 PORT ARANSAS.
ALL UNDERSTANDINGS, BARGAINS, AND•AGREEMENTS OF THE PARTIES HERETO
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.
III
A MAP OF THE HEREINBEFORE DESCRIBED TRACTS, MARKED EXHIBIT "A ",
IS ANNEXED HERETO.
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IV
IF ANY SECTION, PARAGRAPH, SENTENCE, CLAUSE, PHRASE, OR WORD OF
THIS AGREEMENT SHALL, FOR ANY REASON, BE FINALLY ADJUDGED BY ANY COURT OF COM-
PETENT JURISDICTION TO BE UNCONSTITUTIONAL OR INVALID, SUCH FINAL JUDGMENT
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 ,
'1972.
ATTEST: THE CITY OF PORT ARANSAS
CITY SECRETARY NAME:
CITY OF PORT ARANSAS TITLE: CITY MANAGER
APPROVED:
CITY ATTORNEY
CITY OF PORT ARANSAS
ATTEST: THE CITY OF CORPUS CHRISTI
T. RAY KRING
CITY SECRETARY
CITY OF CORPUS CHRISTI
.APPROU£D: 1J
FYAMES R, RIGGS //
CITY ATTORNEY
CITY OF CORPUS CHRISTI
R. MARVIN TOWNSEND
CITY MANAGER
THAT THE FOREGOING ORDINANCE WAS READ R THE FIRST TIME AND PASSED
TO ITS SECOND READING ON THIS 7HE peZ DAY OF , 19%Z.1 , DY THE
FOLLOWING VOTE: ,
RONN I E S I ZEMORE
CHARLES A. BONNIWELL
ROBERTO BOSQUEZ, M.D.
REV. HAROLD T. BRANCH
THOMAS V. GONZALES
GABE LOZANO, SR.
J. HOWARD STARK
L! i/
THAT THE FOREGOING ORDINANCE WAS READ F R THE SECOND TIME AND PASSED
TO ITS THIRD READING ON THIS THE�DAY OF v 197y7L, BY THE
FOLLOWING VOTE: '
RO NNIE $IZEMORE
CHARLES A. BONNIWELL
ROBERTO BOSQUEZ, M.D.
REV. HAROLD T. BRANCH
THOMAS V. GONZALES
GABE LOZANO, SR.
J. HOWARD STARK
THAT THE FOREGOING ORDINA CE WAS READ FOR �T/HE THIRD TIME AND PASSED
FINALLY ON THIS THE "DAY OF�' 'J /� , BY THE FOLLOWING VOTE:
RONNIE SIZEMORE
CHARLES A. BONNIWELL
RoBERTo BoSQUEZ, M.D.
REV. HAROLD T. BRANCH
THOMAS V. GONZALES
GABE LOZANO, SR.
J. HOWARD STARK
PASSED AND APPROVED, THIS THE
ATTEST:
CITY $ECRE'FARY� /
AP
V D: U//
/l DAY OF11f, 19.72--
CITY TORNEY
Y OF
THE CITY OF CORFUS/CHRISTI, TEXAS
PUBLISHER'S AFFIDAVIT
STATE OF TEXAS, lss:
County of Nueces. )
Before me, the undersigned, a Notary Public, this day personally came ... ... .. ...................... . ...
... Leland.- _G.__. Barnes ............................ who being first duly sworn, according to law, says that he is the
...Silas.sifiad_- Manager ................................. 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
Legal - Notice of passage of ordinance'no. 10694---pr6viding for the cession!
---- i"y "" city = - -to tFie " "c icy " °0 -r Porgy' °AY; -i- sas oi"- "zIT aririexation right§" aiiu ponce
.ewhich the annexed is a true copy, was published in LOIJiMA ]?OF78T_3__over
in certain
e thel2th. day of.......FebruarY........... 19..72, wNi- enee- eaeh ............................ lhereafterfer..tracfi3, ... Of orate]
and underlying•
ctmsecatire:........._ .............. ............................... lands- - - - - --
, �
-- --one ................... .Times.
$.7 -..24 ... ....................
Subscribed and sworn to before me
Louise Vick
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