HomeMy WebLinkAbout031944 ORD - 12/10/2019 Ordinance annexing into the territorial limits of the City of Corpus Christi
approximately 281 acres of land located in the area west of the Oso Creek and
southeast of Farm-to-Market 43 and County Road 43.
WHEREAS, Texas Local Government Code §43.003 and City Charter of the City
of Corpus Christi, Texas, Article 1, Sec. 1 authorizes the annexation of territory, subject
to the laws of this state;
WHEREAS, offers of development agreements pursuant to Texas Local
Government Code §43.016 have been made;
WHEREAS, the City Council finds that Corpus Christi City Charter Article X, Sec
2 authorizes the City Manager to execute a Municipal Service Plan Agreement with the
owners of land in the area for the provision of services in the area to be annexed, and
the City negotiated and entered into the attached Municipal Service Plan Agreement
with the owners of land in the area for the provision of services .in the area to be
annexed;
WHEREAS, on November 19th, 2019, a public hearing was held by the City
Council, during City Council meetings held in the Council Chambers, at City Hall, in the
City of Corpus Christi, following publication of notice of the hearings in a newspaper of
general circulation in the City of Corpus Christi, for the consideration of annexation
proceedings for the defined lands and territory, during which all persons interested in
the annexations were allowed to appear and be heard;
WHEREAS, City Council finds that the territory now proposed to be annexed lies
wholly within the extraterritorial jurisdiction of the City of Corpus Christi;
WHEREAS, City Council finds that the territory now proposed to be annexed
abuts and is contiguous and adjacent to the City of Corpus Christi;
WHEREAS, City Council finds that the territory now proposed to be annexed
constitutes lands and territories subject to annexation as provided by the City Charter of
the City of Corpus Christi and the laws of the State of Texas; and
WHEREAS, City Council finds that it would be advantageous to the City and to
its citizens and in the public interest to annex the lands and territory hereinafter
described.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1.The foregoing recitals are hereby found to be true and correct and are
hereby adopted by the City Council and made a part hereof for all purposes as findings
of fact.
SECTION 2. That a 281.03-acre tract of land, more or less, described by metes and
bounds and a survey map in Exhibit A and illustrated in Exhibit B, generally located to
the south of FM 43, west of Oso Creek and east of County Road 43 is annexed to,
brought within the corporate limits, and made an integral part of the City of Corpus
Christi.
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031944 SCANNED
SECTION 3. That the owners and inhabitants of the tracts or parcels of land annexed by
this ordinance are entitled to all the rights, privileges, and burdens of other citizens and
property owners of the City of Corpus Christi, and are subject to and bound by the City
Charter of the City of Corpus Christi, and the ordinances, resolutions, motions, laws,
rules and regulations of the City of Corpus Christi and to all intents and purposes as the
present owners and inhabitants of the City of Corpus Christi are subject.
SECTION 4. That the official map and boundaries of the City and its extraterritorial
jurisdiction, previously adopted and amended, are amended to include the territories
described in this ordinance as part of the City of Corpus Christi, Texas and as required
by the City's Unified Development Code section 4.1.5 Newly Annexed Territory, the
area shall be designated with an initial "FR" Farm-Rural District.
SECTION 5. That the City Manager or his designee is directed and authorized to
perform or cause to be performed all acts necessary to correct the official map of the
City and its extra territorial jurisdiction to add the territory annexed as required by law:
SECTION 6. If for any reason any section, paragraph, subdivision, clause, phrase, word
or provision of the ordinance;shall be held invalid or unconstitutional by final judgment of
a court of competent jurisdiction, it shall not affect any other section, paragraph,
subdivision, clause, phrase, word or provision of this ordinance for it is the definite intent
of this City Council that every section, paragraph, subdivision, clause, phrase, word or
provision hereof be given full force and effect for its purpose.
SECTION 7. The City Secretary is hereby directed to file with the County Clerk of
Nueces County, Texas, a certified copy of this ordinance.
SECTION 8. This ordinance is effective upon passage on second reading.
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That the foregoing ord ance was read for the first time and passed to its second reading on this
the / ay of 4ef, 2019, by the following vote:
Joe McComb d-r Michael Hunter /1
Roland Barrera 1.-, __ Ben Molina
Rudy Garza Everett Royce
Paulette M. Guajardo - Greg Smith 47-e--
Gil Hernandez A-7,e..--
That
th foregoing ordinance was read for the second time and passed finally on this the 7/0
day of G ► /- 2019, by the following vote:
Joe McComb Al _ Michael Hunter
Roland Barrera At( Ben Molina , 64.
Rudy Garza Me Everett Roy A-‹
Paulette M. Guajardo 4)?' _ Greg Smith A
i_..-
Gil Hernandez A L
PASSED AND APPROVED on this the /may of a(&,,,- ---e-- , 2019.
ATTEST:
,,,_A.. � L
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Rebecca Huerta J%- cComb
City Secretary - i r
3 of 3
031944
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EXHIBIT A - Metes & Bounds Description
LEGAL DESCRIPTION
THE SURFACE ESTATE ONLY IN AND TO a tract of land described as
the South One-Half of Section (6) , Laureles Farm Tracts, as
shown on the Map thereof recorded in Volume 3, Page 15, Map
Records of Nueces County, Texas, and being out of the "El Rincon
De Corpus Christi" Ramon De Ynojosa Survey Abstract No. 411,
Nueces County, Texas, and being more particularly described by
metes and bounds as follows:
BEGINNING at the southwest corner of said Section 6, for the
POINT OF BEGINNING and the southwest corner of this tract, said
point being at the intersection of the centerline of two 40-foot
wide dedicated roadways, one along the west boundary of Section
6 and the other along the south boundary of Section 6;
it
THENCE East along the south boundary of Section 6 and the
centerline of said-dedicated roadway a distance of 5167.81 feet
to a point on the bank of the west margin- of Oso Creek, for the
southeast corner of this tract;
THENCE with the meanders of the bank of the west margin of Oso
Creek as follows;
N 44 deg. 58' 22" W. 314.03 feet,
N 49 deg. 25' 53" W. 112.29 feet,
N 64 deg. 47" 50" W. 189.44 feet.
N 43 deg. 33' 05" W. 139.01 feet,
N 15 deg. 12' 46" W. 253.85 feet,
N 01 deg. 42' 21" w. 484.42 feet,
N 20 deg. 37' 25" E. 382.79 feet,
N 20 deg. 21' 36" E. 391.13 feet,
• N 01 deg, 04' 51" W. 709.41 feet, to a point for the northeast
corner of this tract;
THENCE West, at 4749.87 feet past the east right-of-way line of
a 40 foot wide dedicated roadway, and in all a distance of
4769.87 feet to a point on the centerline of said roadway and
the west boundary of section 6 for the northwest corner of this
tract;
THENCE South along the west boundary of Section 6 and the
centerline of said roadway a distance of 2640.00 feet to the
POINT OF BEGINNING forming a tract of land embracing 284.6048
acres, 3.5711 acres of which lie within the right-of-way of
dedicated roadways, leaving a net area of 281.0337 acres.
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MUNICIPAL SERVICE PLAN AGREEMENT
FOR THE KING'S LAKE PHASE 2 SUBDIVISION
This MUNICIPAL SERVICE PLAN AGREEMENT ("Agreement") is entered into by and
between the City of Corpus Christi ("City"), and John C. Tamez ("Landowner"), both of
which may be referred to herein singularly as "Party" or collectively as the "Parties."
WHEREAS, the Landowner has requested that the City consider annexation of a
tract of land totaling approximately 281.0337 acres of land situated in Nueces County,
Texas, as specifically described in Exhibit "A" ("Subject Property"), which is attached
hereto and incorporated herein for all purposes;
WHEREAS, the City intends to institute annexation proceedings for the Subject
Property;
WHEREAS, Texas Local Government Code §43.0672 requires a written
agreement for the provision of services in the area first be entered into between the City
and Landowner of the Subject Property prior to annexation;
WHEREAS, the City and the Landowner agree each will benefit from the City's
development restrictions and zoning requirements, as well as other municipal services
provided by the City which are good and valuable consideration for the Landowner to
request annexation and for the Parties to enter into this Agreement for the City to
provide the listed services upon annexation and in accordance with this Agreement;
WHEREAS, the City Council of the City of Corpus Christi, Texas, finds and
determines that this Agreement will not provide any fewer services or a lower level of
services in the annexation area than were in existence in the annexation area at the
time immediately preceding the annexation process. The service agreement will provide
the annexed area with a level of service, infrastructure, and infrastructure maintenance
that is comparable to the level of service, infrastructure, and infrastructure maintenance
available in other parts of the municipality with topography, land use, and population
density similar to those reasonably contemplated or projected in the area.
WHEREAS, it is found that all statutory requirements have been satisfied and the
City is authorized by Texas Local Government Code Chapter 43, to annex the Subject
Property into the City;
NOW, THEREFORE, in consideration of the mutual covenants contained herein,
the Parties hereto agree as follows:
Section 1. Recitals
The Parties hereto acknowledge and agree that the foregoing recitals are hereby found
to be true and correct and are hereby adopted by the Parties and made a part hereof
for all purposes.
Section 2. Services to be Provided
The following service list represents the provision of services agreed to between the
landowner of the Property and the City establishing a program under which the City will
provide municipal services to the Subject Property as required by Texas Local
Government Code §43.0672, which will be provided at a level consistent with services
levels provided to other similarly situated areas within the City.
a. General Municipal Services.
The following services shall be provided immediately from the effective date of the
annexation:
(1) Police Protection:
Services to be Provided: The Corpus Christi Police Department ("CCPD") will
provide police protection.
(2) Fire Protection:
Services to be Provided: The Corpus Christi Fire Department will provide fire
protection and suppression through its existing fire stations.
(3) Emergency Medical Service:
Services to be Provided: The Corpus Christi Fire Department will provide
emergency medical services.
(4) Solid Waste Collection:
Services to be Provided:After the effective date of annexation, the City of Corpus
Christi will provide solid waste services to single family residential customers
directly or indirectly through a third-party contract.
Commercial garbage collection service for businesses and multi-family
residences is available on a subscription basis from private service providers.
The City of Corpus Christi will allow commercial refuse collectors to continue
providing this service to condominium complexes, multi-family apartments and
commercial and industrial establishments.
(5) Water Service:
Existing Services: Currently, the City of Corpus Christi holds a water certificate of
convenience and necessity ("CCN") for the annexation area.
Services to be Provided: The City of Corpus Christi will continue to provide water
service to the annexed area. In accordance with the applicable rules and
regulations for the provision of water service, water service will be provided to the
Subject Property, or applicable portions thereof, by the utility holding a water
CCN for the subject property or portions thereof(the "CCN holder") and, as
applicable, the utility providing wholesale or retail water service to said CCN
holder. Absent a water CCN, by the utility in whose jurisdiction the Subject
Property, or portions thereof as applicable, is located, the extension of water
2
service will be provided in accordance with all the ordinances, regulations, and
policies of the City.
(6) Wastewater Service:
Existing Services: Currently, the annexation area lies outside a wastewater
certificate of convenience and necessity ("CCN").
Services to be Provided: Absent a wastewater CCN by the utility in whose
jurisdiction the subject property, or portions thereof as applicable, is located,the
extension of wastewater service will be provided in accordance with all the
ordinances, regulations, and policies of the City. When areas are not reasonably
accessible to a public wastewater facility of sufficient capacity as determined by
adopted City wastewater standards, individual aerobic system or individual
wastewater treatment plant will be utilized in accordance with all the ordinances,
regulations, and policies of the City.
(7) Operation and Maintenance of Water and Wastewater Facilities that are
not Within the Service Area of Another Water or Wastewater Utility:
Water and wastewater service will be provided in accordance with the Corpus
Christi Unified Development Code, Utility Department Policies and engineering
standards and provided the service is not within the certificated service area of
another utility through existing facilities located within or adjacent to the area.
Any and all water or wastewater facilities owned or maintained by the City of
Corpus Christi, Texas, at the time of the proposed annexation shall continue to
be maintained by the City of Corpus Christi, Texas. Any and all water or
wastewater facilities that may be the property of another municipality or other
entity shall not be maintained by the City of Corpus Christi unless the facilities
are dedicated to and accepted by the City of Corpus Christi. The current water
line mains at their existing locations shall be available for point of use, extension
based upon the current City's standard water extension policies now existing or
as may be amended.
On-site sewage facilities may be allowed contingent upon the property owner
meeting all city, county, state and federal requirements.
(8) Operation and Maintenance of Roads and Streets, including Street
Lighting:
The City will maintain public streets over which the City has jurisdiction. Roads,
streets or alleyways which are dedicated to and accepted by the City of Corpus
Christi, Texas, or which are owned by the City of Corpus Christi, Texas, shall be
maintained to the same degree and extent that other roads, streets and
alleyways are maintained in the City. Lighting of public roads, streets and
alleyways shall be maintained by the applicable utility company servicing the City
unless the lighting facility has been dedicated to the public, in which case the City
will be the operator.
3
(9) Operation and Maintenance of Parks, Playgrounds and Swimming
Pools:
Currently there are no public recreational facilities in the annexation area
including parks, playgrounds, or swimming pools. Any park that may be under
the responsibility of the County will be maintained by the City only upon
dedication of the park by the County to the City and acceptance of the park by
the City Council. If the City acquires any parks, playgrounds, or swimming pools
within the annexation area, an appropriate City department will provide
maintenance services.
(10) Operation and Maintenance of any other Publicly-Owned Facility,
Building, or Service:
Currently there are no such other publicly owned facilities, buildings, or services
identified. If the City acquires any publicly owned facilities, buildings, or services
within the annexation area, an appropriate City department will provide
maintenance services.
(11) Planning and Zoning Services:
Existing Services: Subdivision planning services currently provided when plats
are submitted for City review.
Services to be Provided: The City will impose and enforce zoning, subdivision
development, site development and building code regulations with the Annexed
Area upon the effective date of the annexation. Enforcement will be in
accordance with City ordinances. Development plans and plats for projects within
the Annexed Area will be reviewed for compliance with City standards. The use
of land in a legal manner may continue in accordance with Texas Local
Government Code §43.002.
(12) Other Municipal Services:
City recreational facilities, including parks and library, will be available for use by
landowners or residents of the Annexed Area on the same basis as those
facilities are available to current City landowners and residents. City residents
receive program preference for some City programs. Excluding gas and electric
services, other City services including Animal Control, Code Enforcement,
Municipal Court and General Administration services will be also be available to
landowners and residents in the Annexed Area on the same basis those facilities
are available to current City landowners and residents.All other services
contemplated herein will be available upon the effective date of annexation.
b. Capital improvements.
No additional capital improvements are necessary at this time to service the Subject
Property in the same manner as similarly situated properties. Upon development of the
Subject Property or redevelopment, the Landowner will be responsible for the
development costs the same as a developer in a similarly situated area under the
ordinances in effect at the time of development or redevelopment. Capital improvement
4
acquisition or construction will occur in accordance with applicable ordinances and
regulations and the adopted capital improvement plans of the City, as may be amended.
(1) Water and Wastewater Facilities: Water and Wastewater infrastructure
and improvements will be constructed by the Landowner or Landowner's
developer according to the Corpus Christi Unified Development Code, City's
Water and Wastewater standards, and City's master plans, as may be amended.
(2) Roads and Streets: Road and street infrastructure and improvements will
be constructed by the Landowner or Landowner's developer according to the
Corpus Christi Unified Development Code, City's design standards, and City's
master plans, as may be amended. Improvements are needed to County Road
43 in order to serve the Subject property (King Lake Subdivision). Only a portion
of County Road 43 is located within the annexation area. Responsibility for
improvements to County Road 43 outside the annexation area will remain with
Landowner or Landowner's developer and Nueces County.
In general, the City will acquire control of all public roads and public streets within
the annexation area upon annexation. Future extensions of roads or streets and
related facilities, such as traffic control devices, within the City limits will be
governed by the City's standard policies and procedures.
(3) Street Lighting: Street lighting in new and existing subdivisions will be
installed and maintained in accordance with the applicable standard policies and
procedures.
Section 3. Schedule of Services
In accordance with Texas Local Government Code § 43.0672(c), no other services are
contemplated by this Agreement and a schedule for future services as contemplate by
Texas Local Government Code § 43.0672(b) is not applicable as all services identified
herein will be provided upon the effective date of annexation.
Section 4. Level of Service
Nothing in this Agreement shall require the City to provide a uniform level of full
municipal services to each area of the City, including the annexed areas, if different
characteristics of topography, land use, and population density are considered a
sufficient basis for providing different levels of service.
The City of Corpus Christi will provide services to the newly annexed area in a manner
that is similar in type, kind, quantity, and quality of service presently enjoyed by the
citizens of the City of Corpus Christi, Texas, who reside in areas of similar topography,
land utilization and population density.
Section 5. Vested Rights Claims.
This Agreement is not a permit for the purposes of Texas Local Government Code
Chapter 245.
• 5
Section 6. Effective Term
The term of this Agreement (the "Term") is ten (10) years from the Effective Date. This
agreement is effective upon execution by the City.
Section 7. Force Majeure
In case of an emergency, such as force majeure as that term is defined in this
Agreement, in which the City is forced to temporarily divert its personnel and resources
away from the annexation area for humanitarian purposes or protection of the general
public, the City obligates itself to take all reasonable measures to restore services to the
annexation area of the level described in this Agreement as soon as possible. Force
Majeure shall include, but not be limited to, acts of God, acts of the public enemy, war,
blockages, insurrection, riots, epidemics, landslides, lightning, earthquakes, fires,
storms, floods, washouts, droughts, tornadoes, hurricanes, arrest and restraint of
government, explosions, collisions and other inability of the City, whether similar to
those enumerated or otherwise, which is not within the control of the City. Unavailability
or shortage of funds shall not constitute Force Majeure for purposes of this Agreement.
Section 8. Legal Construction.
If any provision in this Agreement is for any reason found to be unenforceable, to the
extent the unenforceability does not destroy the basis of the bargain among the parties,
the unenforceable provision will not affect any other provision hereof, and this
Agreement will be construed as if the unenforceable provision had never been a part of
the Agreement. Whenever context requires, the singular will include the plural and
neuter include the masculine or feminine gender, and vice versa. Headings on this
Agreement are for reference only and are not intended to restrict or define the text of
any section. This Agreement will not be construed more or less favorably between the
Parties by reason of authorship or origin of language.
Section 9. Amendment and Modifications.
This Agreement may be amended or modified only in a written instrument that is
executed by both the City and the landowner or landowners after it has been authorized
by the City Council.
Section 10. Effect of Future Laws.
No subsequent change in the law regarding annexation shall affect the enforceability of
this Agreement.
Section 11. Venue and Applicable Law.
Venue for this Agreement shall be in Nueces County, Texas. This Agreement shall be
construed under and in accordance with the laws of the State of Texas.
Section 12. Counterparts.
This Agreement may be executed in any number of counterparts with the same effect
as if all signatory Parties had signed the same document. All counterparts will be
construed together and will constitute one and the same instrument.
6
Section 13. Entire Agreement
This Agreement contains the entire agreement between the Parties relating to the rights
herein granted and the obligations herein assumed and cannot be varied except by
written agreement of the Parties. Any oral representation or modification concerning this
instrument shall be of no force and effect except for any subsequent modification in
writing, signed by the Party to be charged.
Section 14. Binqinq Effect/Authority
This agreement binds and inures to the benefit of the Parties and their respective heirs,
successors, and permitted assigns. Each party further warrants that each signatory to
this agreement is'legally authorized to bind the respective individual or entity for the
purpose established herein.
CITY OF CORPUS CHRISTI LANDOWNER(S)
By: By:
Peter Zanoni, John C. Tamez
City Manager
Date:
APPROVED AS TO FORM:
By:
Buck Brice
Assistant City Attorney
for the City Attorney
8
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Caller TDEPARTMEN
PART OF THE USA TODAY NETWORK
2019 NOV 21 PM 2: 58
Certificate of
Publication NOTICE OF PUBLIC
NOTICE OF PUBLIC HEARING ON PROPOSED
HEARING ON PROPOSED ANNEXATION
ANNEXATION The City of Corpus Christi
The City of Corpus Christi City Council will hold a
City Council will hold a public hearing on a pro-
public hearing on a pro- posed annexation of land
CITY OF CORPUS CHRIS TI posed annexation of land
generallylocated south of generally located south of
PO BOX 9277FM 43, west of Oso Creek,
FM 43, west of Oso Creek, east of CR 43, and north of of CR 43, and north of
CR 20A encompassing ap- CR 20A encompassing CORPUS CHRISTI, TX 78469-9277 ap-
proximately 282 acres. The proximately 282 acres. The
public hearing will take public hearing will take
place on Tuesday, Novem- place on Tuesday, Novem-
ber 19, 2019. The City ber 19, 2019. The City
STATE OF WISCONSIN) Council meeting will start Council meeting will start
at 11:30 am.... in the City at 11:30 am in the City
)) Council Chambers of City Council Chambers of City
COUNTY OF BROWN) Hall,._1201Leopard Street. Hall, 1201 Leopard Street.
All interested citizens are All interested citizens are
encouraged to attend and encouraged to attend and
I, being first duly sworn,upon oath depose and say that I provide public comments. provide public comments.
am a legal clerk and employee of thepublisher, Hamel the The proposed annexation The proposed annexation
9y. area encompasses land that area encompasses land that
Corpus Christi Caller-Times,a daily newspaper published is currently in the City's is currently in the City's
at Corpus Christi in said Cityand State,generallycirculated Extraterritorial Jurisdic- Extraterritorial Jurisdic-
P tion. The purpose of the an- tion. The purpose of the an-
in Aransas, Bee, Brooks, Duval,Jim Hogg,Jim Wells, nexation is to promote corn- nexation is to promote com-
patibleKleber Live Oak, Nueces, Refugio, and San Patricia, future development patible future development
o
9. 9 of lands to the south of the
Counties,and that the publication of which the annexed is a City. As required by state Cf lands to r the south of the
statute, a Municipal Serv-
true
City. As required by state
copy,was inserted in the Corpus Christi Caller-Times ices Plan will be available statute, a Municipal Serv-
on the following dates: prior to the Public Hearing ices Plan will be available
online at www.cctexas.com prior to the Public Hearing
online at www.cctexas.com
For more information, con-
tact con-
November 8,2019 Avary Olt byres, AICP, For tact Avery Oltmans,information,
City Planner: by email at
AveryO@cctexas.com or by City Planner: by email at
On this November 8,2019, I certifythat the attached phone at(361)826-3425. AveryO@cctexas.com or by
/s/Rebecca Huerta phone at (361) 826-3425.
document is a true and exact copy made by the publisher: City Secretary /s/Rebecca Huerta
• City Secretary
Legal Notice Clerk
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Notary Public, State'of Wisco-isin, County of Brown
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Notary Expires
Publication Cost: $218.40 �`�`�Gt(`Y IIF.<T�''�,
Ad No:0003888703 �.` J 1' ',,
Customer No: 1243917
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