HomeMy WebLinkAbout10817 ORD - 04/19/1972JRR:ml:4- 19- 72;lst
AN ORDINANCE
PROVIDING FOR THE CESSION BY THE CITY OF CORPUS CHRISTI
TO THE CITY OF ODEM OF ALL ANNEXATION RIGHTS AND POLICE
POWERS OVER AND IN CERTAIN TRACTS OF LAND, WITHIN THE
OVERLAPPING EXTRATERRITORIAL JURISDICTION OF THE CITY
OF CORPUS CHRISTI AND THE CITY OF ODEM, AS DEFINED BY
ART. 970A, V.A.C.S., TEXAS, BY MUTUAL WRITTEN AGREEMENT,
MARKED EXHIBIT "A ", ATTACHED HERETO 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; AND DECLAR-
ING AN EMERGENCY.
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 City of Odem is desirous of declaring its extra-
territorial jurisdiction one -half mile from the city limits of said City,
said area being presently within the five -mile extraterritorial jurisdiction
I
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
extraterritorial jurisdiction of the City of Odem 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 Odem over and in the said certain tract of land.
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 Odem -City of Corpus Christi Art. 970A Cession Agreement ", marked
Exhibit "A ", 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
10817
of Corpus Christi and the City of Odem, 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 here-
with 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.
SECTION 5. The necessity to immediately enter into the aforesaid
agreement creates a public emergency and imperative public necessity requir-
ing the suspension of the Charter rule that no ordinance or resolution shall
be passed finally on the date of its introduction but 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 and 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 and publication, IT IS
ACCORDINGLY SO ORDAINED, this the day of April, 1972.
ATTEST:
/71-4, 4 c
O �
City ecr t MAYOR
THE CITY OF COR S HRISTI, TEXAS
APPROVED:
DAY OF APRIL, 1972:
City Attorney
STATE OF TEXAS ¢
CITY OF ODEM- -CITY OF CORPUS CHRISTI
ARTICLE 970A CESSION AGREEMENT
BE IT REMEMBERED BY ALL MEN:
WHEREAS, the City of Odem is a city having a population of Two Thousand
(2,000) or more inhabitants, but less than Five Thousand (5,000) inhabitants;
and
WHEREAS, the present extraterritorial jurisdiction of the City of Odem
consists of all contiguous unincorporated area, not a part of any other city,
within one -half (1/2) mile of the corporate limits of said City; and
WHEREAS, all those certain tracts of land, a map of the same marked
Exhibit "A ", being attached hereto and made a part hereof, 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 (100,000) 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 tracts of land, the subject of this agreement, and shown
by Exhibit "A ", being attached hereto, are found to be within the extra-
territorial jurisdiction of the City of Corpus Christi, constituting an
overlapping extraterritorial jurisdiction of the City of Odem and the City of
Corpus Christi, as defined by Article 970A, V.A.C.S., Texas; and
WHEREAS, the City of Odem and the City of Corpus Christi are mutually de-
sirous 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 City of Odem in said tracts of land.
NOW, THEREFORE, for good and valuable consideration, the City of Odem,
a city incorporated under the general laws of the State of Texas, in the
County of San Patricio, Texas, by and through its mayor, whose name is sub-
scribed hereto, for and in behalf of the City of Odem, Texas, as heretofore
duly authorized and directed by Ordinance No. -3-6--- of the City of Odem,
Texas, does hereby enter into, subscribe and execute the agreement herein as
authorized by said ordinance and Article 970A, V.A.C.S., Texas, with the
City of Corpus Christi, a municipal corporation and body politic under the
laws of the State of Texas and the County of Nueces, Texas, by and through
its city manager, whose name is subscribed hereto, for and in behalf of the
City of Corpus Christi, Texas, as heretofore duly authorized and directed by
Ordinance No. the City of Corpus Christi as authorized by said
ordinance and Article 970A V.A.C.S., Texas, as follows:
I.
Effective as of the date of completion of the subscribing, approving,
and attesting hereto, as shown herein, the City of Corpus Christi hereby
apportions to, relinquishes, cedes, and conveys to the City of Odem, Texas,
exclusive annexation rights, privileges, powers, and authority and all police
powers under Art. 970A, V.A.C.S., Texas, and all applicable laws, over and in
those certain tracts of land, the subject of this agreement and shown by
Exhibit "A ", attached hereto and made a part hereof, now'constituting an over-
lapping extraterritorial jurisdiction of the City of Odem and the City of
Corpus Christi, and being all area contiguous to the city limits of the City
of Odem, Texas, within one -half (1/2) mile of the corporate limits of the
City of Odem, Texas, which overlaps the extraterritorial jurisdiction of the
City of Corpus Christi, Texas.
All such rights, powers, privileges, authority and all police powers
under Article 970A, V.A.C.S., Texas, and all applicable laws, as to the above
described land shall be in the sole and exclusive jurisdiction of the City of
Odem, Texas.
II.
All understandings, bargains and agreements of the parties hereto are
merged into this agreement instrument and all prior understandings, bargains
and agreements of the parties hereto, relative to the subject matter hereof,
are superceded by this agreement.
III.
If any section, paragraph, sentence, clause, phrase, or word of this agree-
ment, shall, for any reason, be finally adjudged by any court of competent
jurisdiction to be unconstitutional or invalid, such final judgment shall
not affect, impair or invalidate the remainder thereof but shall be con-
fined 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.
The City of Corpus Christi
By
R. Marvin Townsend, City Manager
ATTEST:
E. Ray Kring, City Secretary
City of Corpus Christi
APPROVED:
James R. Riggs, City Attorney
City of Corpus Christi
Subscribed, attested, approved and executed in duplicate originals in
the State of Texas and completed on this day of
1972.
The City o f64em
By a ( I L_
David J. e Mayor
ATTES
t1. E. Cooper,u ity Secretary
City of Odem .
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CORPUS CHRISTI, TEXAS �7 .7
z
DAY OF �9 /
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 COUNCIL; 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.
PECTF LY,
• G
0
MAYOR
THE CITY OF CO CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
BONNIE SIZEMORE
. CHARLES A. BONNIWELL ✓ //
ROBERTO BOS.UEZ, M.D.
REV. HAROLD T. BRANCH / .
THOMAS V. GONZALES
GABE LOZANO, SR. ✓{{{"'
J. HOWARD STARK
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
RONNIE SIZEMORE
K h 7 CHARLES A. BONNIWELL
J ROBERTO BOSQUEZ, M.D. ✓ -���
REV. HAROLD T. BRANCH
THOMAS V. GONZALES
GABE LOZANO, SR.
J. HOWARD STARK
JRR:m1:4- 19- 72;lst `
AN ORDINANCE
PROVIDING FOR THE CESSION BY THE CITY OF CORPUS CHRISTI
TO THE CITY OF ODEM OF ALL ANNEXATION RIGHTS AND POLICE
POWERS OVER AND IN CERTAIN TRACTS OF LAND, WITHIN THE
OVERLAPPING EXTRATERRITORIAL JURISDICTION OF THE CITY
OF CORPUS CHRISTI AND THE CITY OF ODEM, AS DEFINED BY
ART. 970A, V.A.C.S., TEXAS, BY MUTUAL WRITTEN AGREEMENT,
MARKED EXHIBIT "A ", ATTACHED HERETO 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; AND DECLAR-
ING AN EMERGENCY.
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 City of Odem is desirous of declaring its extra-
territorial jurisdiction one -half mile from the city limits of said City,
said area being presently within the 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
extraterritorial jurisdiction of the City of Odem may be accomplished, there
ti
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 Odem over and in the said certain tract of land.
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 Odem -City of Corpus Christi Art. 970A Cession Agreement ", marked
Exhibit "A ", 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
X0817
of Corpus Christi and the City of Odem, 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 here-
with 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.
SECTION 5. The necessity to immediately enter into the aforesaid
agreement creates a public emergency and imperative public necessity requir-
ing the suspension of the Charter rule that no ordinance or resolution shall
be passed finally on the date of its introduction but 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 and 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 and publication, IT IS
ACCORDINGLY SO ORDAINED, this the l?W-)day of April, 1972.
ATTEST:
/7-4,41
O O
City ecr to MAYOR
THE CITY OF CO S HRISTI, TEXAS
APPROVED:
DAY OF APRIL, 1972:
City Attorney
STATE OF TEXAS
CITY OF ODE14- -CITY OF CORPUS CHRISTI
ARTICLE 970A CESSION AGREEMENT
BE IT REMEMBERED BY ALL HEN:
WHEREAS, the City of Odem is a city having a population of Two Thousand
(2,000) or more inhabitants, but less than Five Thousand (5,000) inhabitants;
and
WHEREAS, the present extraterritorial jurisdiction of the City of Odem
consists of all contiguous unincorporated area, not a part of any other city,
within one -half (1/2) mile of the corporate limits of said City; and
WHEREAS, all those certain tracts of land, a map of the same marked
Exhibit "A ", being attached hereto and made a part hereof, 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 (100,000) 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 tracts of land, the subject of this agreement, and shown
by Exhibit "A ", being attached hereto, are found to be within the extra-
territorial jurisdiction of the City of Corpus Christi, constituting an
overlapping extraterritorial jurisdiction of the City of Odem and the City of
Corpus Christi, as defined by Article 970A, V.A.C.S., Texas; and
WHEREAS, the City of Odem and the City of Corpus Christi are mutually de-
sirous 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 City of Odem in said tracts of land.
NOW, THEREFORE, for good and valuable consideration, the City of Odem,
a city incorporated under the general laws of the State of Texas, in the
County of San Patricio, Texas, by and through its mayor, whose name is sub-
scribed hereto, for and in behalf of the City of Odem, Texas, as heretofore
duly authorized and directed by Ordinance No. of the City of Odem,
Texas, does hereby enter into, subscribe and execute the agreement herein as
authorized by said ordinance and Article 970A, V.A.C.S., Texas, with the
City of Corpus Christi, a municipal corporation and body politic under the
laws of the State of Texas and the County of Nueces, Texas, by and through
its city manager, whose name is subscribed hereto, for and in behalf of the
City of Corpus Christi, Texas, as heretofore duly authorized and directed by
Ordinance No. the City of Corpus Christi as authorized by said
ordinance and Article 970A V.A.C.S., Texas, as follows:
I.
Effective as of the date of completion of the subscribing, approving,
and attesting hereto, as shown herein, the City of Corpus Christi hereby
apportions to, relinquishes, cedes, and conveys to the City of Odem, Texas,
exclusive annexation rights, privileges, powers, and authority and all police
powers under Art. 970A, V.A.C.S., Texas, and all applicable laws, over and in
those certain tracts of land, the subject of this agreement and shown by
Exhibit "A ", attached hereto and made a part hereof, now "constituting an over-
lapping extraterritorial jurisdiction of the-City of Odem and the City of
r
Corpus Christi, and being all area contiguous to the city limits of the City
of Odem, Texas, within one -half (1/2) mile of the corporate limits of the
City of Odem, Texas, which overlaps the extraterritorial jurisdiction of the
City of Corpus Christi, Texas.
- All such rights, powers, privileges, authority and all police powers
under Article 970A, V.A.C.S., Texas, and all applicable laws, as to the above
described land shall be in the sole and exclusive jurisdiction of the City of
Odem, Texas.
II.
All understandings, bargains and agreements of the parties hereto are
merged into this agreement instrument and all prior understandings, bargains
and agreements of the parties hereto, relative to the subject matter hereof,
are superceded by this agreement.
III.
If any section, paragraph, sentence, clause, phrase, or word of this agree-
ment, shall, for any reason, be finally adjudged by any court of competent
jurisdiction to be unconstitutional or invalid, such final judgment shall
not affect, impair or invalidate the remainder thereof but shall be con-
fined 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.
The City of Corpus Christi
By
R. Marvin Townsend, City Manager
ATTEST:
E. Ray Kring, City Secretary
City of Corpus Christi
APPROVED:
James R. Riggs, City Attorney
City of Corpus Christi
Subscribed, attested, approved and executed in duplicate originals in
the State of Texas and completed on this day of
1972.
The City of1hdem
/
By 1 I L_
David J. e Mayor
ATTES
h. E. Cooper, ity Secretary
City of Odem .
9APPR D:
i . � iiUen, Ci Ly ALCOrnov
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CORPUS CHRISTI, TEXAS
DAY OFY� 19
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 15 INTRODUCED AND THAT SUCH ORDINANCE OR
RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; 1, THEREFORE,
REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI-
NANCE FINALLY ON THE DATE IT IS INTROOUCED1 OR AT THE PRESENT MEETING OF THE
CITY COUNCIL.
PECTF LY,
0
G
MAYOR
THE CITY OF CO CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
BONNIE SIZEMORE ✓ - -i���
CHARLES A. BONNIWELL
ROBERTO BOS.UEZ, M.D.
REV. HAROLD T. BRANCH /
THOMAS V. GONZA LES /
GABE LOZANO, SR.
J. HOWARD STARK
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
RONNIE SIZEMORE /
CHARLES A. BONNIWELL
J ROBERTO BOSQUEZ, M.D. ✓ A
REV. HAROLD T. BRANCH '�C G�� /�
THOMAS V. GONZALES f
GABE LOZANO, SR. ~
J. HOWARD STARK