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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 . gPl' ;D: i. "ditt en, Ci ty Attoru(.v f Odom ro.... ..... f/erdw •cu ..�.- 32 t sa I� s 63 ✓ 40 - -~ !o Ac r • 40 Ac So 'to Ac 20 A( R Sn 39 117 7Ae. b2 66 40 Ac. ¢OAc. 39 JOA 19 i' 51 v A Hood Q r wells 4o Ac. / 40Ae..34 86 40 Ac. 40 Ac • 61 40.4e . 40Ac YO 4c 64 vr., ^e ,v r.: -t £sw.n 38 r.. •sr •vh/•. Za zO Ac._ LDAc LOAc 4OAo 60� 52. 40 Ac . zoA 35 I s r7A 68 1.4.fload n.. It r�4OrAt 5! 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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 f Odom -S4 I�� •••`° , G3 ✓ Nardw t 40 Gd—n s 40k " 8 ,�P lb, l y��• l So aD Ac 20 A(RSni R !D Ac AOA� 7Ac. 62 33 30A �. i 66 ¢D Ac. ¢OAc. 39 - 19 I Q r m wells 51 /. NOOd 86 40 Ac. 40 Ac 61 40 Ac 40Ac. 40A <. .34 4141"k O ZDAc R. L.Py /e, Jr. 67 r" ^"q 4: A a — 38 C,'Sr .qh6 j0 tO Ac. /0 (f D /Ae. 40,k f')A' 604 40 Ac 3.5 f J r 68 . l.G. Noad 37 C545A 85 r'- 8T 90A 10 ' •10 Ac 59 ao,In• N.A.stoin- r0 < M.FStl —et 8 CIS // "al, - °w. -• 54 ' Wr, Stein 40Ae Q-• . 40 Ar ndr' ' r ••. 58 A,: 40.4. 43 Ac 40 88 Maawa // 40 ' 4 O N. Q' Ja ,� yin/ „� 4,T Onoptr ¢ AF.; 70 40 .k 40 Ac W. A.SFun . 5S J' fOAc 40 Ac 83 ;(ire' :�. I'!+ . ..'•. 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'`!I`•i .cecC,.a.r `P 30Ac jai* wl ;a d CtC Al - %y' :i CIE - - ---------- � /Z/ Ac • _._.__.T - -_-- (/0/ 1J Ac z 14e A 4 t!c „rMnr _ ' ac 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