HomeMy WebLinkAbout16100 ORD - 03/11/1981vp:1/21/81:1st
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 A CERTAIN TRACT OF LAND, A MAP
OF THE SAME, MARKED EXHIBIT "A", BEING ATTACHED HERETO,
WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF
CORPUS CHRISTI, AS DEFINED BY ART. 970A, V.A.C.S., TEXAS,
BY WRITTEN AGREEMENT, MARKED EXHIBIT "A", ATTACHED HERETO
AND MADE A PART HEREOF, PURSUANT TO ART. 970A, V.A.C.S.,
SECTIONS B AND C; PROVIDING PUBLICATION BY CAPTION; PRO-
VIDING 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 tract of land, a map of
the same marked Exhibit "A" being attached hereto, is found to be within
the extraterritorial jurisdiction of said City; and
WHEREAS, the City of Port Aransas is desirous of annexing approxi-
mately 159 acres of land one-half mile from their present corporate limits,
such area 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
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 on the condition
that it be annexed to the City of Port Aransas within six (6) months and not
subsequently deannexed after annexation.
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 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 bewholly binding according to the terms thereof upon the City'
of Corpus Christi and the City of Port Aransas, 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. Said Cession
Agreement shall in no way be intended to include any water area or underlying
lands within the boundaries of Corpus Christi Bay and the Gulf of Mexico, -
within the condition that if such area not be annexed by Port Aransas within
six (6) months, or if after annexation to Port Aransas it be deannexed, such
area will revert to the extraterritorial jurisdiction of Corpus Christi, all
in accordance with the agreement, a copy of which is attached hereto and made
a .part hereof.
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.
SECTION 5. This ordinance shall take effect from and after.its.
passage.
vp:1-21-81:1st
THE STATE OF TEXAS
COUNTY OF NUECES
CITY OF PORT ARANSAS CITY OF CORPUS CHRISTI
ARTICLE 970A 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 159-
acreas, as shown on Exhibit "A" attached hereto, is contiguous to the corpo-
rate 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 Article 970A, V.A.C.S.; 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 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 extraterritorialjurisdiction 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 and in the subject land;
NOW, THEREFORE,
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 and Article 970A, `.
V. A.C.S., pursuant to Sections B and 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, as heretofore duly authorized
and directed by Ordinance No. of the City of Corpus Christi, as
authorized by said Ordinance and Article 970A, V.A.C_S., pursuant to Sections .
B and C thereof, as follows:
1
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 Article 970A,
V.A.C_S., 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, except any portion of water area or underlying lands within the
boundaries of the water areas known as Corpus Christi Bay, and the Gulf of.
Mexico).
Extension to corporate boundaries of the City of Port
Aransas, Nueces County, Texas, a city situated on the
Gulf of Mexico and adjacent waterways, about 20 miles
N. 85 degrees E. from the County Courthouse, and embrac-
ing a portion of Mustang Island.
Beginning at a point on present south corporate boundary
of Port Aransas as established May 8, 1980, the west
corner of said extension, for north corner of this tract,
being westerly 250 feet, measured at right angles, from
west margin of 120 -foot right of way for Park Road 53,
and northerly 500 feet, more or less, from extension of
centerline for Access Road No. 1, -
Thence S. 52 degrees 19' E., with said corporate boundary,
and parallel with interior lines of State Subdivided Tracts
to the north, crossing a portion of Piper Land Co. lands,
as well as Park Road 53, the King Ranch portion of a 380 -
acre tract once known as "Humble Fee", and a 16.29 -acre
Clement tract, 2604 feet, more or less, to a point on the .
shore of said Gulf, for the east corner of this tract, -
Thence S. 36 degrees 41' W., along said Gulf shore, 2641
feet, more or less, to a point for the south corner of this
tract,
Thence N. 52 degrees 19' W., parallel with interior lines of
said State.Subdivided Tracts and 2 mile southerly, measured
at right angles, from present corporate boundary, crossing
King Ranch portion of said 380 -acre tract, and Piper lands,
as well as Park Road 53,. 2650 feet, more or less, to a point
250 feet westerly from west margin of 120 -foot right of way
for Park Road 53, for the west corner of this tract, -
Thence N. 36 degrees 10' 10" E., parallel with and 250 feet
westerly measured at right angles, from said west margin of
Park Road 53, 2641 feet, more or less, to the place of begin-
ning, -
Containing -an area of 159 acres of land, more or less.
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
six (6) months thereafter, the City of Port Aransas, Texas, shall have exclu-
sive extraterritorial jurisdiction over the.above described area. However,
if the City of Port Aransas, Texas, has failed to annex such area within six
(6) months from the date this contract is executed, or in the event of de -
annexation by said City of Port Aransas, it shall return to its former status
as the City of Corpus Christi extraterritorial jurisdiction and this cession
agreement shall be terminated and of no further force or effect.
IIT.
All understandings, bargains, and agreements of the parties hereto
are merged in this agreement and all prior understanding, bargains and agree-
ments of the parties hereto, relative to the subject matter hereof, are super-
seded by this agreement.
IV.
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
thereof so found unconstitutional or invalid.
SUBSCRIBED, ATTESTED, APPROVED and EXECUTED in duplicate originals
phrase, or word
in the State of Texas and completed
1981.
ATTEST:
this day of
CITY OF PORT ARANSAS
ATTEST:
City Secretary
APPROVED:
DAY OF , 1981::
J. BRUCE AYCOCK,CITY ATTORNEY
City Manager
CITY OF CORPUS CHRISTI
By
City Manager
Assistant City Attorney
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That the foregoing ordinance was read for
second reading on this the day of
following vote:
Luther Jones
Edward L. Sample
Dr. Jack Best
Jack K. Dumphy
Leopoldo Luna
Betty N. Turner
Cliff Zarsky.
first time an passed to its
a -r 19 J , by the
That the foregoing ordinance was read for
third reading on this the J',F— day of
following vote:
Luther Jones.
Edward L. Sample
Dr. Jack Best
Jack K.-Dumphy
Leopoldo Luna
Betty N. Turner
Cliff Zarsky
That the foregoing ordinan
on this the/f ' day of
Luther Jones
Edward L. Sample
Dr. Jack Best
Jack K. Dumphy
Leopoldo Luna'
Betty N. Turner
Cliff Zarsky
PASSED AND APPROVED, this the // day of
ATTEST:
d time ad passed to its
, 19 p/ , by the
was r_1.d for thialit,hird time and passed finally
, 19x/ , by the following vote:
Secretary
APPRO\ED:
%,5 DAY OF � •+� -' , 1914:
J. BRUCE AYCOCK, CITY ATTORNEY
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
10100
PUBLISHER'S AFFIDAVIT x.219675
city of corpus Christi
STATE OF TEXAS, l,p
County of Nueces. f
Before me, the undersigned, a Notary Public, this day personally came
Rri.Tj ..J�...EIEIMERSCII who being first duly sworn, according to law, says that he is the
A OiiDI?'IN_C___OLEB1{. 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
NQS' ;;..4 ..kA �rE...Ok...G€3S2IT1�AiVCF Nn
of which the annexed is a true copy, was published in __TLE...61Q11E ...Q. EZ51I.-.OA:L:T,Fi1-11.1 _...._._._
on the. hday of _NIARCIL 19 53.., and once each du* thereafter for Jae ___-
consecutive. -4*y
tater' Nimes.
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BII, IE J• laNDERSOliKaa
ACCOUNTING CLERK
Subscribed and sworn to before me this -.211d day of .APRIL.._. 19 81.._
Notary PubNNu es County, Texas