HomeMy WebLinkAbout020997 ORD - 10/02/1990AN 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 THE CERTAIN TRACT OF LAND, MAP
OF THE SAME, MARKED EXHIBIT "A", BEING ATTACHED HERETO,
WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF
CORPUS CHRISTI, AS DEFINED BY SECTION 42.023 OF THE TEXAS
LOCAL GOVERNMENT CODE, BY WRITTEN AGREEMENT, MARKED
EXHIBIT "B", ATTACHED HERETO AND MADE A PART HEREOF;
PROVIDING PUBLICATION BY CAPTION; PROVIDING A REPEALING
CLAUSE; AND PROVIDING SEVERABILITY.
WHEREAS, the City of Corpus Christi (the "City") 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 or its extraterritorial jurisdiction,
within five miles of the corporate limits of said City; and
WHEREAS, the hereinafter described certain tract of land, 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 2,250 acres of land contiguous to its present corporate
limits, such area being presently within the five -mile
extraterritorial jurisdiction of the City of Corpus Christi as shown
by map thereof designated as Exhibit "A", attached hereto and made a
part hereof; and
WHEREAS, it is the desire of the City of Corpus Christi to
reduce the boundaries of its extraterritorial jurisdiction so that
said proposed annexations 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
such 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 Port Aransas -City of Corpus Christi 1990
Cession Agreement", marked Exhibit "B", attached hereto, and by this
reference incorporated herein and made a part hereof for all purposes
(the "Cession Agreement"), 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 Aransas, all as authorized
by Chapter 42. Extraterritorial Jurisdiction of Municipalities of the
Local Government Code of Texas, and all applicable laws related
\RP\90RP002.029 1
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thereto, and approved, sealed and attested by the City's officers as
required by law. Said Cession Agreement shall contain the condition
that if such area not be annexed by Port Aransas or included as part
of its extraterritorial jurisdiction within 12 months, or if after
annexation to Port Aransas it be disannexed, such area will revert to
the extraterritorial jurisdiction of Corpus Christi, all in accordance
with the Cession Agreement.
SECTION 2. That the City Manager is hereby authorized to
enter into a Cession Agreement with the City of Port Aransas as to
the tract of land, as shown by Exhibit "A", the execution of which
shall be subject to the City of Port Aransas extending its corporate
limits or extraterritorial jurisdiction over the tract not more than
12 months from the effective date of this Agreement. Said Cession
Agreement shall contain the condition that if said tract is not
annexed or included in the extraterritorial jurisdiction of Port
Aransas within 12 months of the effective date of the Cession
Agreement, or if after annexation to Port Aransas it be disannexed,
the remaining portions of such tract will revert to the
extraterritorial jurisdiction of the City of Corpus Christi.
SECTION 3. This ordinance shall be published by caption
once in a newspaper of general circulation in the City of Corpus
Christi.
SECTION 4. All ordinances or parts of ordinances in
conflict herewith shall be and are hereby repealed to the extent of
conflict herewith.
SECTION 5. 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 Port Aransas to which these rules and
regulations relate.
SECTION 6. This ordinance shall take effect from and
after its passage.
ATTEST:
/7l
City Secretary
APPROVED:
MMOR
CITY OF CORPUS CHRISTI, TEXAS
This , -r day of JJJ ' /( ; , 1990.
HAL GEORGE, CITY ATTCSRNEY
By L,L <
Assistant City Attortey
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BEGINNING AT A POINT, the intersection of the current Port Aransas
southerly city limit line extended westerly, and the current Corpus
Christi city limit line extended coincident with the easterly
boundary of Survey 589;
THENCE southerly along the intersecting line and following the
current Corpus Christi city limit line until it intersects with the
southerly boundary of Survey 592 (Flato property);
THENCE easterly along the intersecting line to the centerline of
State Highway 361;
THENCE southerly along the centerline of State Highway 361,
approximately 14 feet, until it intersects with a line coincident
with and extended from the southerly property line of Windjammer
Condominiums;
THENCE easterly along said extended property line to the
intersection of the current Corpus Christi city limit line on the
westerly edge of the Gulf of Mexico;
THENCE northerly along the current Corpus Christi city limit line to
the intersection of the current Port Aransas southerly city limit
line;
THENCE westerly along the current Port Aransas southerly city limit
line to the POINT OF BEGINNING, containing approximately 2,250
acres.
(200M.564)
EXHIBIT A
Page 2 of 2
EXE'" 'T "B"
THE STATE OF TEXAS *
COUNTY OF NUECES *
CITY OF PORT ARANSAS - CITY OF CORPUS CHRISTI
1990 CESSION AGREEMENT
BE IT REMEMBERED BY ALL MEN:
WHEREAS, the City of Port Aransas is a City having
a population of less than 5,000 inhabitants and the present
extraterritorial jurisdiction of the City of Port Aransas
consists of all contiguous unincorporated areas, not a part
of any other City or of its extraterritorial jurisdiction
and within one-half (1/2) mile of the corporate limits of
said City; and
WHEREAS, the City of Corpus Christi is a City
having a population of 100,000 or more inhabitants and the
present extraterritorial jurisdiction of the City of Corpus
Christi consists of all contiguous unincorporated areas, not
a part of any other city or of its extraterritorial
jurisdiction, and within five (5) miles of the corporate
limits of said City; and
WHEREAS, the tract of land, hereinafter described
containing 2,250 acres, as shown on Exhibit "A" attached
hereto, is contiguous to the corporate limits of both the
City of Port Aransas and the City of Corpus Christi and
presently within the extraterritorial jurisdiction of the
City of Corpus Christi, as defined by Section 42.023 of the
Texas Local Government Code; and
WHEREAS, the City of Port Aransas desires to
embark on a program of annexations in order to ultimately
cause the subject land in its entirety to be brought within
the corporate limits or the extraterritorial jurisdiction of
the City of Port Aransas, said program to consist of a
series of annexations of portions of the subject land in
such amounts and at such times as the City of Port Aransas
is legally entitled so to do; 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 program 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
the subject land and;
\RP\90RP006.029. 1
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, 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, 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, as heretofore duly authorized and
directed by Ordinance No. of the City of Corpus
Christi, as authorized by said Ordinance in accordance with
Chapter 42. Extraterritorial Jurisdiction of Municipalities
of the Local Government Code of Texas, and all applicable
laws related thereto, 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 Dollars ($10.00), the receipt of which is hereby
acknowledged, the City of Corpus Christi hereby apportions
to, relinquishes, cedes and conveys to the City of Port
Aransas the sole and exclusive annexation rights,
privileges, powers, and authority and all police powers,
under the Texas Local Government Code and other applicable
laws, over and in that portion of the subject land to be
annexed by the City of Port Aransas within one-half (1/2)
mile thereof, in such amounts and at such times as the City
of Port Aransas completes its series of annexation
proceedings to annex the tract of land consisting of 2,250
acres as more specifically described on Exhibit A into the
corporate limits or the extraterritorial jurisdiction of the
City of Port Aransas.
II.
From and after the date this Agreement is approved
and adopted by the governing bodies of the cities which are
parties hereto, and for a period of 12 months thereafter,
the City of Port Aransas, Texas, shall have exclusive
extraterritorial jurisdiction over each half mile extending
from the corporate boundaries of the City of Port Aransas.
However, if the City of Port Aransas, Texas, has failed to
annex such area or included as part of its extraterritorial
jurisdiction within 12 months from the date this contract is
executed, or in the event of disannexation by said City of
Port Aransas, it shall return to its former status as the
\RP\9oRP006.029. 2
City of Corpus Christi extraterritorial jurisdiction and
this Cession Agreement shall be terminated and of no further
force or effect.
The City of Port Aransas represents that the area
annexed and made a part of its extraterritorial jurisdiction
pursuant to this Cession Agreement encompasses the total
area it will require for its orderly development and growth
on Mustang and Padre Islands. "The City of Port Aransas
herein affirms that this Cession Agreement, when completed,
insofar as they now know or believe, shall be the final
Cession Agreement from the City of Corpus Christi.'
IV.
All understandings, bargains, and agreements of
the parties hereto are merged in this Agreement and all
prior understanding, bargains and agreements of the parties
hereto, relative to the subject matter hereof, are
superseded by this Agreement.
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 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 , 19
ATTEST: CITY OF PORT ARANSAS
By
City Secretary City Manager
ATTEST: CITY OF CORPUS CHRISTI
By
City Secretary City Manager
\RP\90RP006.029. 3
APPROVED:
This day of , 19
HAL GEORGE, CITY ATTORNEY
By
Assistant City Attorney
\RP\90RP006.029. 4
That the foregoing ordinance was read or the first time and passt _o
its second reading on this the day of
19 , by the following vote:
Betty N. Turner
Cezar Galindo
Leo Guerrero
Tom Hunt
Edward A. Martin
Joe McComb
Clif Moss
Mary Rhodes
Frank Schwing, Jr.
''1
That the foregoing ordinance was read for the seconcic time and passed
to its third reading on this the day of ���t t';1
19 1. , by the following vote:
l
Betty N. Turner ': Edward A. Martin a y
Cezar Galindo
Leo Guerrero
Tom Hunt
Joe McComb
c1` /.
Clif Moss 111_
Mary Rhodes
Frank Schwing, Jr. LI
That the foregoing ordina ce was read fox the third time and passed
finally on this the ;7' 7 day of /f , iC�. //�c t , 19 yr' , by the
following vote: _
Betty N. Turner
Cezar Galindo
Leo Guerrero
Tom Hunt
6„<I—
Edward A. Martin
Joe McComb
Clif Moss
Mary Rhodes
Frank Schwing, Jr.
PASSED AND APPROVED, this the A day of l %(,C -Lt"
ATTEST:
City Secretary
APPROVED:
DAY OF
HAL GEORGE, CITY ATTORNEY
, 19
By
Assistant City Attorney
044
CL�fX,
, 19 i .
YOR 1
THE CITY OF CORPUS CHRISTI
PUBLISHER'S AFFIDAVIT
State of Texas, ) CITY OF CORPUS CHRISTI
County of Nueces } ss: Ad #49245
PO #
Before me, the undersigned, a Notary Public, this day personally
came Rosie A. Mendez, who being first duly sworn, according to
law, says that she is Advertising Receivables Supervisor of the
Corpus Christi Caller -Times, a daily newspaper published at
Corpus Christi in said County and State, generally circulated in
Aransas, Bee, Brooks, Cameron, Duval, Hidalgo, Jim Hogg, Jim
Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San
Patricio, Victoria, and Webb Counties, and that the publication
of NOTICE OF PASSAGE OF ORDINANCE NO 20997 PROVTnTNN FOR THF rvccTn nv TrTu
which the annexed is a true copy, was published in the Corpus
Christi Caller -Times on the Sth day of Ortober 1990.
One Time(s)
/
$ 47.25
Advertising Receivables Suervisor
Subscribed and sworn to before me this
of October , 1990.
r,2, ;1 _4
Notary Public, Nueces County, Texas
My commission expires on
9th day
CE OF PASSAGE
OF ORDINANCE NO. 20997
PROVIDING FOR THE CES-
SION BY THE an( OF
CORPUS CHRISTI TO THE
CITY OF PORT ARANSAS OF
ALL ANNEXATION RIGHTS
AND POLICE POWERS OVER
AND IN THE CERTAIN TRACT
OF LAND, MAP OF THE
SAME, MARKED EXHIBIT
-A BEING ATTACHED
HERETO, WITHIN THE EX-
TRATERRITORIAL
JURISDICTION OF THE CITY
OF CORPUS CHRISTI, AS DE-
FINED BY SECTION 42.023
OF THE TEXAS LOCAL GOV-
ERNMENT CODE, BY
WRITTEN AGREEMENT,
MARKED EXHIBIT -B'. AT-
TACHED HERETO AND
MADE A PART HEREOF;
PROVIDING PUBLICATION BY
CAPTION; PROVIDING A RE-
PEALING CLAUSE; AND
PROVIDING SEVERABILITY.
The ordinance was passed
and approved by the City
Council of the City of Cor-
pus ti, Texas on the
2nd days of Octoberr. 1990.
/s/ Armando Chapa
City Secretary
City Christi