HomeMy WebLinkAbout16835 ORD - 01/20/1982AN ORDINANCE
AUTHORIZING THE CITY ATTORNEY TO APPROVE, FOR AND ON
BEHALF OF THE CITY OF CORPUS CHRISTI, THE AGREED
JUDGMENT PROPOSED TO BE ENTERED IN THE LAWSUIT STYLED
CITY OF ARANSAS PASS V. CITY OF INGLESIDE, CAUSE NO.
21819, FILED IN THE DISTRICT COURT OF SAN PATRICIO
COUNTY, TEXAS, INVOLVING THE MATTER OF EXTRATERRITOR-
IAL JURISDICTION IN WHICH THE CITY OF CORPUS CHRISTI
WAS AN INTERVENOR, A SUBSTANTIAL COPY OF SAID AGREED
JUDGMENT BEING ATTACHED HERETO AS EXHIBIT "A"; AND
DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That the City Attorney be and he is hereby authorized
to execute for and on behalf of the City of Corpus Christi, the agreed judgment
proposed to be entered in the lawsuit styled City of Aransas Pass v. City of
Ingleside, Cause No. 21819, filed in the district court of San Patricio County,
Texas, involving the matter of extraterritorial jurisdiction in which the City
of Corpus Christi was an intervenor, a substantial copy of said agreed judgment
being attached hereto as Exhibit "A".
SECTION 2. That upon written request of the Mayor or five Council
members, copy attached, to find and declare an emergency due to the need of
approving the aforesaid agreed judgment in the lawsuit involving extraterri-
torial jurisdiction with Aransas Pass and Ingleside at the earliest possible
date, such finding of an emergency is made and declared requiring suspension
of the Charter rule as to consideration and voting upon ordinances or resolu-
tions at three regular meetings so that this ordinance is passed and shall
take effect upon first reading as an emergency measure this the .29 day of
January, 1982.
ATTEST: ,
Cit ecretary MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
APPROVED:cez, DAY OF JANUARY, 1982
. r ce Aycock, ty Attorney
ni835
SEP 2 8 1984
INCROFILMED
CITY OF ARANSAS PASS
CITY OF INGLESIDE
NO. 21819
IN THE DISTRICT COURT OF,
SAN PATRICIO COUNTY, TEXAS
156T11 JUDICIAL DISTRICT
FINAL JUDGMENT
BE IT REMENBERED that on the day of
i902, came on to be heard the above styled and numbered cause in
which the City of Aransas Pass is Plaintiff, the City of Ingleside
is a Defendant and Plaintiff in Cross -Action, and the City of Cor-
pus Christi is an Intervenor and thereupon came the Cities, Plain-
tiff, Defendant, and Intervenor, by and through their representa-
tives and counsel, and all having announced ready for trial, the
Court proceeded to hear the evidence and consider the pleadings
and stipulations of the parties and the arguments of counsel;
thereafter, after duly considering same, the Court finds:
1) That there is a justiciable controversy existing be-
tween the parties to this suit of and concerning annexation pro-
ceedings heretofore instituted by the Defendant and the overlapp-
ing extraterritorial jurisdiction of the parties, and there is a
need to adjudicate the validity of such annexation proceedings of
Defendant, and the boundaries of the parties and to allocate the
overlapping portion of the extraterritorial jurisdiction between
the Cities that are parties to this suit.
• 2) The Court further finds that the pleadings of the
parties, the evidence and the stipulations, invoke this Court's
jurisdiction under the statutes Of Texas and particularly Article
970a to hear and determine the controversy between the parties as :
to determining the city limits of the parties and the claims be-
tween the Cities.
3) The Court further finds that there are overlapping
areas of extraterritorial iurisdiction (as that term is defined in
Article 970a) between the Cities of Aransas Pass, Ingleside and
Corpus Christi.
4) That the City of Ingleside, as a home-ru)e city, duly
•
and properly defined its city limits in its charter and that
Ordinance 346 (adopted pursuant to a public hearing held on the
7th day of April, 1980), was enacted. That the City of Ingleside
exercised municipal jurisdiction for all purposes over the lands
described in such Ordinance continuously from and After the
effective date of such Ordinance and until Aransas Pass exercised
its right to claim extraterritorial jurisdiction over a portion
of the annexed area described in Ordinance No. 346.
5) That the City of Aransas Pass, by the institution
of this suit, affirmatively elects, claims, and establishes its
right pursuant to Article 970A to exercise its extraterritorial
jurisdiction over a portion of the territory annexed by Ordinance
346 above, and it is entitled to exercise exclusive extraterri-
torial jurisdiction over the areas allocated it in this Judgment,
from and after the date of this Decree.
6) The Court further finds that the City of Corpus
Christi does not assert and has relinquished extraterritorial
jurisdiction to the areas hereinafter declared and adjudged to
be either within the exclusive extraterritorial jurisdiction of
the City of Aransas Pass, or the exclusive extraterritorial
jurisdiction of the City of Ingleside, or within the City of
Ingleside or Aransas Pass.
7) The Court further finds that the City of Corpus
Christi, from the date of this Decree, has no extraterritorial
jurisdiction in the areas hereinafter declared and adjudged to be
'either within the exclusive extraterritorial jurisdiction of the
City of Aransas Pass, or the exclusive extraterritorial jurisdic-
tion of the City of Ingleside, Or within the City of Ingleside or
Aransas Pass.
It is accordingly ADJUDGED, DECREED and DECLARED:
A) That the present city limits of the City of Aransas
Pass are as follows:
BEGINNING at the Northwest corner of Lot 16, Block B,
Burton and Danforth Subdivision, as shown by map recorded
in Volume 1, Pages 62 and 63, Map Records, Aransas Coun-
ty, Texas, said point being on the Southwesterly right-
of-way of a 40.00 foot roadway known as Beasley Avenue,
between Blocks A and B of said subdivision;
THENCE, along said Southwesterly right-of-way line and
the projection thereof, S. 55" 23' 00" E., approximately
10,600 feet to the Westerly shoreline of Red Fish Bay;
said point being on a Westerly line of the Aransas Pass
Independent School District boundary;
THENCE, in a Southwesterly direction with the meanders of
said Red Fish Bay and along said school district boundary
approximately 15,300 feet to an exterior corner of said
school district boundary;
THENCE, SOUTH, approximately 7,058 feet to the Northerly
line of the Corpus Christi Channel;
THENCE, in an Easterly direction, along said Northerly
line of the Corpus Christi Channel, approximately 14,500
feet to the intersection of said Northerly line and a
line projected N. 12" 26' 31" W., from the point of
beginning (designated point "A") described in the Final
Decree of Cause No. 76-12-C of the District Court, 94th
Judicial District, Nueces County, Texas, dated March 30,
1977;
THENCE, S. 12" 26' 31" E., approximately 200 feet to said
point "A", being on the centerline of said Corpus Christi
Channel;
THENCE, along said centerline, N. 77" 33' 29" E.,
14,727.06 feet to point "B" as described in said Final
Decree;
THENCE, N. 37" 41' 06" E., 12,049.05 feet to point "C" as
described in said Final Decree;
THENCE, N. 81" 36' 14" E.,. 3,362.66 feet to point "D" as
described in said Final Decree; '
THENCE, N. 3° 11' 48" W., 3,095.78 feet to a point on the
North line of State Mineral Tract No. 305, as shown by
map of Copano, St. Charles, Aransas and Red Fish Bays,
showing subdivision for mineral development, on file in
the General Land Office, Austin, Texas;
THENCE, NORTH, 10,560.00 feet to the Northwest corner of
State Mineral Tract No. 291;
THENCE, EAST, 2,640.00 feet to the Northeast corner of
said Tract No. 291;
THENCE, NORTH, 13,840.00 feet to a point on the East line
of State Mineral.Tract No. 242;
THENCE, N. 33° 25' 29" W., 4,792.66 feet to a point on
the East line of State Mineral Tract No. 227, said point
being 2,000.00 feet from the Southeast corner of said
Tract No. 227;
THENCE, along a line 2,000.00 feet from arid parallel with
the South line of State Mineral Tract No.'s 227,.226,
225, 224, 223, 222 and 221, approximately 8,850 feet to
the Westerly line of Red Fish Bay;
THENCE, in a Southwesterly direction with the meanders of
the shoreline of Red Fish Bay, approximately 6,340 feet
to the intersection of the Southeasterly project of the
Northerly boundary of Lot 1, Block 240, said Burton and
Danforth subdivision;
THENCE, N. 57° 30' 00" W., along said Northerly boundary
of Lot 1, Block 240 and continuing along the Northerly
line of,a 40.00 foot roadway North of and adjoining Block
237, said Subdivision, and the projection of said lines,
approximately 1,920 feet to a point on the Northeasterly
line of Lot 1, Block 215, said Subdivision;
THENCE, along said Northeasterly line Of Lot 1, Block
215, S. 32' 30' 00" W., approximately 210 feet to the -
Northeast corner of Lot 1, Block 214, said Subdivision;
THENCE, along the Northeasterly line of said Block 214,
N. 57° 30' 00" West, approximately 5,830 feet to the
Northwest corner of Lot 18, said Block 214, said point
being on the. Southeasterly right-of-way of Avenue A, as
Shown on the map of T. P. McCampbell Subdivision recorded
in volume 11, Pages 21 and 22, Map Records, San Patricio
County, Texas;
THENCE, along said Southeasterly right-of-way, S. 34° 37'
00" W., approximately 8,140 feet to a point 100.00 feet
Northerly from the Northeast corner of the intersection
of the Northeasterly right-of-way of Wheeler Avenue
(State Highway Nn. 35) and said Southeasterly
right-of-way of Avenue A;
THENCE, N. 55° 23' 00" W., 60.00 ,feet to a point on the
Northwesterly right-of-way of said Avenue A, said point
being on the Southeasterly line of Lot 1, Block 1, said
McCampbell Subdivision;
THENCE, S. 34° 37' 00" W., 100.00 feet to the Northwest
corner of said intersection;
THENCE, along said Northeasterly right-of-way of Wheeler
•
Avenue, N. 55' 23' 00" W., 1,261.30 feet;
THENCE, S. 34' 37 00" W., at 120.00 pass the Southwes-
terly right-of-way of said wheeler Avenue, in all 370.00
feet;
THENCE, N. 55° 23' 00" W.,- 150.00 feet;
THENCE, S. 34' 37' 00" W., 376.11 feet;.
THENCE, N. 55' 23' 00" W., 208.70 feet to a point on the
Westerly boundary of Lot 5, Block 72, said McCampbell
Subdivision;
THENCE, along said Westerly line and the Westerly line of
Lot 5, Block 73, said Subdivision, S. 34' 37' 00" W.,
1,933.89 feet to the Southwest corner of said Lot 5,
Block 73;
THENCE, along the Southwesterly line of said Block 73, S.
55* 23' 00" E., 1,680.00 feet to a point on the South-
easterly right-of-way of said Avenue A;
THENCE, along said Southeasterly right-of-way, S. 34* 37'
00" W., approximately 7,960 feet to the POINT OF BEGINN-
ING.
CONTAINING approximately 33,002 acres, more or less.
The Court finds that the ordinances and municipal acts previously
adopted by the City of Aransas Pass were duly, properly and law-
fully adopted and any conflicting claims, if any, of the City of
Ingleside or the City of Corpus Christi that would affect the
municipal jurisdiction of Aransas Pass within such city limits as
herein above defined are hereby denied; and,
B) The Court further ADJUDGES, DECREES and DECLARES that
the city limits of the City of Ingleside are as follows:
Beginning at the Northwest corner of Lot 16, Block 81 of
the T. P. McCampbell 15,000 Acre Subdivision in San Pat-
ricio County, Texas, as shown by map made by John A. Mc-
Clure and recorded in the map records of Aransas County,
Texas; said point of beginning being in the East line of
State F.M. Road No. 1069 and the South line of a 40' de-
signated roadway between Blocks 80 and 81 of said T. P.
McCampbell Subdivision.
THENCE, with the South line of said 40' roadway in a
Southeasterly direction to the centerline of Avenue A as
shown on said map of the T. P. McCampbell Subdivision.
THENCE, in a Northeasterly direction with the centerline
of said Avenue A, distance of 12 feet, more or less to
its intersection with the South line of a 40' designated
roadway lying between Blocks B and C of the Burton and
Danforth Subdivision as shown by a map made by P. L.
Telford dated December 9, 1909 and recorded in the map
records of Aransas County.
THENCE, in a Southeasterly direction with the South line
of said 40' roadway between Blocks B and C of the said
Burton and Danforth Subdivision to the Northeast corner
of Lot No. 7, Block C of said subdivision.
THENCE, in a Southwesterly direction with the East lines
of Lot 7 Blocks C, D and E in said subdivision and contin-
uing with the projection of said East lines across a 40'
desinnated roadway, to the Northeast corner of Lot 7,
Block F. Said corner also being in the South line of
said 40' designated roadway lying between Block E and F,
said Burton and Danforth Subdivision.
THENCE, in a Southeasterly direction along the South line
of said 40' designated roadway lying between Blocks E and
F and Blocks R and Q, Burton and Danforth Subdivision, to
the Northeast corner of Lot 6, Block Q, said subdivision.
THENCE, in a.Southwesterly direction along the East lines
of Lots 6, Blocks Q, P, 0, N, and M in said Subdivision
and continuing.with the projection of said East lines
across a 40' designated roadway between Blocks M and L to
the Northeast corner of Lot 6, Block L, said Burton and
Danforth Subdivision.
THENCE, in a Southeasterly direction along the South line
of said 40' designated roadway lying between said 1310Cks
M and L, to the Northeast corner of Lot 4, Block L, said
Burton and Danforth Subdivision. Said corner being in
the West line of State F.M. Road No. 2725, a one hundred
(100) foot road.
THENCE, in a Southwesterly direction along the West line
of said State F.M. Road No. 2725 to its intersection with
a barbed wire fence along the North boundary line of the
Ingleside Land Company's land, also being the North
boundary of Tract Three as defined in Ordinance No. 155,
dated February 6, 1967.
THENCE, S 08e-00'-33" W, along the North boundary of said
Ingleside Land Company's land and of said Tract Three, to
a 2" diameter iron pipe, 4' long set in a fence corner at
the intersection of the Southwest line of a 40' designat-
ed roadway, extended, along the Southwest side of Lot 8,
Block L, and Lots 1 thru 4, Block K, Burton and Danforth
Subdivision.
THENCE, N 37°-47'-34" W, along the Southwest line of said
40' designated roadway, being the North boundary of said
Ingleside Land Company's land and North boundary of said
Tract Three, a distance of 1500 feet, more or less, to
the North corner of said Tract Three and point of inter-
section with the projected East lines of Lot 4, Blocks I,
J and K, said Burton and Danforth Subdivision.
THENCE, in'a Southwesterly direction along the projected
East lines of Lot 4, Blocks I, J, and K in said Subdi-
vision, and continuing with the projection of said East
lines to a point 6620 feet at right angles to the pro-
jected North line of the L. S. James and A. S. Patch
Survey, A-163.
THENCE, in a Westerly direction along a line 6620 feet,
distant from and parallel to the North line projected of
the said L. S. James and A. S. Hatch Survey, A-163 to its
intersection with a line being 6050 feet distant from and
parallel to the North line of Eighth Street, a 40' de-
signated roadway; lying between Blocks 89 and 90 of said
T. P. McCampbell Subdivision.
THENCE, in a Northwesterly direction along said line,
being 6050 feet distant from and parallel to the North
line of said Eighth Street, to its intersection with the
East boundary of State F.M. Road No. 1069.
THENCE, in a Northwesterly direction along the East
boundary of said State F.M. Road No. 1069 to its inter-
section with a line being 3410 feet distant from and
parallel to the North line of said Eighth Street.
THENCE, in a Northwesterly direction along said line
being 3410 feet, distant from and parallel .to the North
line of said Eighth Street, to its intersection with the
projected West line of California Avenue, a 40 foot road.
THENCE, in a Northeasterly direction along the projected
'West line of said California Avenue, a distance of 4200
feet, more or less, to the West corner of HUMBLE SUBDI-
VISION, as shown by map of record in Volume 3, Page 45,
•map records of San Patricio County, Texas.
THENCE, in a Northeasterly direction along the projectd
South boundary of said HUMBLE SUBDIVISION, a distance of
1,320 feet.
THENCE, in a Northeasterly direction, along a line 1,320
feet Northwest of and parallel to the West line of said
California Avenue and its projection to its intersection
with the projection of a line being 640 feet Northeast of
the North line of a roadway between Blocks 82 and 83, T.
P. McCampbell Subdivision.
THENCE, in a Southeasterly direction along said projected
line to its intersection with the East boundary of State
F.M. Road No. 1069.
THENCE, in a Northeasterly direction along the East
boundary of said State F.M. Road No. 1069 to the North-
west corner of Lot 16, Block 81 said T. P. McCampbell
15,000 Acre Subdivision, and Point of Beginning.
Containing in all a total of 5010 acres, more or less.
The Court finds that theordinances and municipal acts previously
adopted by the City of Ingleside were duly, properly and lawfully
adopted as to the area set out above and any conflicting claims,
if any, of the City of Aransas Pass or the City of Corpus Christi
that would affect themunicipal jurisdiction of Ingleside within
such city limits as herein above defined are hereby denied; and
C) The Court further ADJUDGES, DECREES and DECLARES,
pursuant to the provisions of Article 970a, the City of Aransas
Pass shall henceforth exercise exclusive extraterritorial juris-.
diction over all that territory lying North and East of a line de -
7
1. ;
clared to be as follows:
BEGINNING at the intersection of the Westerly right-of-
way line of Farm -to -Market Road No. 1069 (100' right-of-
way) at its intersectidn with the shoreline of Corpus
Christi Bay, said point being on the South line of the
John Robinson Survey, Abstract No. 225;
THENCE, in a Northeasterly direction, along said right-
of-way line, to its intersection with the Westerly
right-of-way line of Farm -to -Market Road No. 2725 (100'
right-of-way);
THENCE, continuing in a Northeasterly direction, along
the Westerly right-of-way line of said Farm -to -Market
2725, to the East corner of Lot 4, Block L, Burton and
Danforth Subdivision, as shown by map recorded in Volume
152, Page 1, Deed Records, San Patricio County, Texas,
said point being on the Southerly right-of-way line of
the 40.00 foot road right-of-way between Blocks M and L
of said subdivision;
THENCE, in a Northwesterly direction, along said Souther-
ly right-of-way line, to the common North corner of Lot 5
and the East corner of Lot 6, said Block L;
THENCE, in a Northeasterly direction, along the common
line between Lots 5 and 6 of Blocks M, N, 0, P and Q of
said subdivision, to the common North corner of Lot 5 and
the East corner of Lot 6, said Block 0, said point being
on the Southerly right-of-way line of a 40.00 foot road
right-of-way between Blocks R and Q of said subdivision;
THENCE, in a Northwesterly direction, along said Souther-
ly right-of-way line, to the common North corner of Lot 2
and the East corner of Lot 3, Block F of said subdivi-
sion;
THENCE, in a Northeasterly direction, along the common
line between Lot 2 and Lot 3 of Blocks E, D, C and B of
said subdivision, to the common North corner of Lot 2 and
the East corner of Lot 3, said Block B, said point being
on the Southerly right-of-way line of a 40.00 foot road
right-of-way between Blocks A and B of said subdivision;
THENCE, in a Northwesterly direction, along said Souther-
ly right-of-way line, to the North corner of Lot 16, said
Block B, said point being on the Easterly right-of-way
line of Avenue A;
THENCE, in a Northwesterly direction, to the East corner
of Lot 1, Block 80, T. P. McCampbell Subdivision, as
shown by plat recorded in Volume 11, Pages 21 and 22, Map
Records of said County, said point being on the Southerly
right-of-way line of a 40.00 foot road right-of-way be-
tween Blocks 80 and 79 of said subdivision, and on the
Westerly right-of-way line of Avenue A;
THENCE, in a Northwesterly direction along said Southerly
right-of-way line, to the North corner of Lot 16, Block
80, said McCampbell subdivision, said point being on the
Easterly right-of-way line of Farm -to -Market Road No.
1069 (100' right-of-way);
THENCE, in a Northeasterly direction, along said Easterly
right right-of-way line, to the West corner of Lot 16,
Block 78, said subdivision, said point being on the
r)
Northerly right-of-way line of a 40.00 foot road right-
of-way between Blocks 78 and 79 of said subdivision, for
the point of terminus of this description.
D) The Court further ADJUDGES, DECREES and DECLARES,
pursuant to the provisions of Article 970a, the City of Ingleside
shall henceforth exercise exclusive extraterritorial jurisdiction
over all that territory lying South and West of the line described
above.
E) The Court further ADJUDGES, DECREES and DECLARES that
the City of Corpus Christi hereby relinquishes and cedes its ex-
traterritorial jurisdiction to the City of Ingleside for a dis-
tance of one (1) mile from the city limits of the City of Ingle-
side described by metes and bounds in Paragraph 13) herein.
F) The Court further ADJUDGES, DECREES and DECLARES that
the City of Corpus Christi hereby relinquishes and cedes its ex-
traterritorial jurisdiction to the City of Aransas Pass for a dis-
tance of one (1) mile from the city limits of the City of Aransas
Pass described by metes and bounds in Paragraph A) herein.
There is attached and incorporated in this Judgment, as
Exhibit "A", a map tracing the areas, boundaries, and lines de-
creed herein and such map is found to be a true representation of
the limits of the Cities declared herein and their exclusive ex-
traterritorial jurisdictions.
All costs are taxed equally to the parties herein.
All other relief prayed for by any parties are hereby de-
nied.
SIGNED AND ORDERED ENTERED this the day of
, 1982.
APPROVAL OF COUNSEL AS
TO FORM AND CONTENT:
ELLIS, ANDREWS & LAWRENCE, INC.
430 South Commercial Street
Aransas Pass, Texas • 78336
By:
Allen S. Lawrence, Jr.
Attorneys for the City of
Aransas Pass
MARTIN C. HASKETT
121 West Goodnight -
Aransas Pass, Texas 78336
JUDGE PRESIDING
SPANN & SMITH
900 Wilson Building
Corpus Christi, Texas 67465
By:
Bob J. Spann, Attorneys for
the City of Ingleside
J.BRUCE AYCOCK, City Attorney
P. O. Box 9277
Corpus Christi, Texas 78406
MARTIN C. HASKETT, Attorney for ITIMUCE AYCOCK, Attorney for the
the City of Ingleside City of Corpus Christi
:
,
Corpus Christi,4 as
day of
TO THE THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance or resolution,
an emergency exists requiring suspension of the Charter rule as to consideration and voting
upon ordinances or resolutions at three regular meetings; 1/we, therefore, request that you
suspend said Charter rule and pass this ordinance or resolution finally on the date it is
introduced, or at the present meeting of the City Council.
Respectfully, Respectfully,
Council Members
The above ordinance was
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
THE CITY OF CORPUS CHRISTI, TEXAS
passed by the following vote:
16835