HomeMy WebLinkAbout17027 ORD - 05/05/1982AN ORDINANCE
PROVIDING FOR THE CESSION BY THE CITY OF CORPUS CHRISTI
TO THE CITY OF PORTLAND OF ALL ANNEXATION RIGHTS AND
POLICE POWERS OVER AND IN CERTAIN TRACTS OF LAND, BY
MUTUAL AGREEMENT, MARKED EXHIBIT "A"; PROVIDING FOR
PUBLICATION; PROVIDING A REPEALING CLAUSE; AND PROVID-
ING SEVERABILITY.
WHEREAS, the City of Portland, a municipal corporation having a
population of more than five thousand but less than twenty-five thousand
inhabitants, hereinafter called Portland, has an extraterritorial
jurisdiction consisting of all contiguous unincorporated area, not a part
of any other city or of any other city's extraterritorial jurisdiction, and
within one mile of its corporate limits; and
WHEREAS, the City of Corpus Christi, a municipal corporation having a
population of one hundred thousand or more inhabitants, hereinafter called
Corpus Christi, has an extraterritorial jurisdiction consisting of all
contiguous unincorporated area, not a Part of any other city and Within
five miles of the corporate limits of Corpus Christi; and
WHEREAS, in 1963. the area within one mile of Portland's then city
limits was an area of overlapping jurisdiction between Corpus Christi and
Portland; and
WHEREAS, Corpus Christi, on February 22, 1968, contracted with
Portland to cede to Portland for a period of ten years all such areas of
overlapping jurisdiction as they existed in 1963; and
WHEREAS, during such ten-year period, Portland annexed most of its
one -mile area of overlapped jurisdiction; and
WHEREAS, Portland now desires to annex additional land not more than
one mile from its present city limits and within the five -mile
extraterritorial jurisdiction of Corpus Christi; and
WHEREAS, it is the desire of Corpus Christi to reduce the boundaries
of its extraterritorial jurisdiction so that said proposed annexation by
Portland 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 Portland and in the said
certain tract of land;
17027
iiOBLMED,
SEP 6 1984
•
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 to execute the "City of Portland -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 of Corpus Christi
and the City of Portland, 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 Agree-
ment 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.
SECTION 2. This ordinance shall be published by caption oncNin
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
or unconstitional by final judgment of a court of competent jurisdiction,
it shall not affect any other section, paragraph, subdivision, clause,
phrase, word or provision hereof be given full force and effect for its
purpose.
THE STATE OF TEXAS
COUNTY OF NUECES
THE STATE OF TEXAS
COUNTY OF SAN PATRICIO
CITY OF PORTLAND - CITY OF CORPUS CHRISTI
ART. 970A CESSION AGREEMENT
WHEREAS, the City of Portland, a municipal corporation having a
population of more than five thousand but less than twenty-five thousand
inhabitants, hereinafter called Portland, has an extraterritorial
jurisdiction consisting of all contiguous unincorporated area, not a part
of any other city or of any other city's extraterritorial jurisdiction, and
within one mile of its corporate limits; and
WHEREAS, the City of Corpus Christi, a municipal corporation having a
population of one hundred thousand or more inhabitants, hereinafter called
Corpus Christi, has an extraterritorial jurisdiction consisting of all
contiguous unincorporated area, not a part of any other city and with five
miles of the corporate limits of Corpus Christi; and
WHEREAS, in 1963 the area within one mile of -Portland's then city
limits was an area of overlapping jurisdiction between Corpus Christi and
PorthnO; and
WHEREAS, Corpus Christi, on February 22, 1968, contracted with
Portland to cede to Portland for a period of ten years all such areas of
overlapping jurisdiction as they existed in 1963; and
WHEREAS, during such ten-year period, Portland annexed most of its
one -mile area of overlapped jurisdiction; and
WHEREAS, Portland now desires to annex additional land not more than
one mile from its present city limits and within the five -mile
extraterritorial jurisdiction of Corpus Christi; and
WHEREAS, it is the desire of Corpus Christi to reduce the boundaries
of its extraterritorial jurisdiction so that said proposed annexation by
Portland 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 Portland and in the said
certain tract of land;
1
-11
NOW, THEREFORE,
Effective as of the date of execution, Corpus Christi hereby
apportions to, relinquishes, cedes and conveyes to Portland sole and
exclusive annexation rights, privileges, powers and authority under Article
970a, V.A.C.S., Texas, and other applicable laws, that area lying generally
northeast of Highway 181 and over and in those tracts of land generally
lying northeast of Highway 181 and as described by metes and bounds con-
tained in Exhibit "B" and also as shown by map thereof, attached hereto
and made a part hereof, marked Exhibit "A".
11.
As to that area lying generally northwest of Highway 181 and within
one mile of the existing city limits of Portland and not within one-half
mile of the City of Gregory and excluding those areas included in Section I
above, Corpus Christi hereby apportions to, relinquishes, cedes and conveys
to Portland, as shown on Exhibit A, sole and exclusive annexation rights,
privileges, powers and authority subject to the following specific
understandings:
1. That Portland will exercise control over the delivery of water in
the above-described area so that -all new water customers will bewequired
to construct water systems, meeting the standards of Portland for new
subdivisions and will be required to connect to Portland's water system.
In this regard, Portland will take all steps reasonably available to it to
stop any other governmental jurisdiction or private corporation from
providing water service or extending any existing water service to any new
customers in the above-described area.
2. That Portland review its plans for future sewage and drainage
facilities so as to direct as much drainage surface runoff and sanitary
sewage effluent toward Nueces Bay as is economically and physically
feasible.
111.
This agreement does not cover the area southeast of Highway 181,
except as to that land area included in paragraph I, above.
IV.
Corpus Christi and Portland hereby agree to provide each other with
full information about any oil and gas exploration activities lying within
one-half mile of either city's limits or with a bottom hole location not
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physically located under the jurisdiction which has granted a permit for
the particular well. Corpus Christi's Petroleum Superintendent will be
available, as circumstances permit, to consult with or assist Portland
regarding any aspect of oil and gas drilling regulations or to provide
inspection on a direct cost reimbursement basis at the request of Portland.
When circumstances permit, Corpus Christi's Planning and Industrial
Development Departments will be available to Portland for advice and
consultation.
V.
Corpus Christi reserves unto itself complete extraterritorial
jurisdiction of any and all areas within five miles of Corpus Christi,
except those areas that have been previously ceded to municipalities within
such five -mile area and the area ceded herein.
VI.
All understanding and agreements of the parties hereto are merged in
this agreement and all prior agreements df the parties thereto, relative to
the subject matter hereof, are superseded by this Agreement.
VII.
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
1982.
APPROVED:
THE CITY OF PORTLAND, TEXAS
By
City Attorney City Manager
ATTEST:
City Secretary
3
THE CITY OF CORPUS CHRISTI, TEXAS
ATTEST:
By
City Secretary - City Manager
APPROVED:.
. DAY OF , 1982
J. Bruce Aycock, City Attorney
By
Assistant City Attorney
City of Portland -City of Corpus Christi
Cession Agreement
4
METES AND BOUNDS DESCRIPTION FOR THE CITY OF PORTLAND EXTRA -TERRITORIAL JURIS-
DICTION EAST OF U.S. HIGHWAY 181
Beginning at a point where the extension of the North right-of-way line of F.M. 3239
intersects the East right-of-way line of State Highway 181 for a corner, said point
being the most Northwesterly corner of the tract herein described.
Thence; in a Northerly direction along the East right-of-way of State Highway 181,
a distance of 300' to a point,
Thence; in an Easterly'direction along a line running at right angle to said high-
way right-of-way, a distance of 5900' to a point, located in the center of the
drainage ditch of Green Lake, for a corner,
Thence; in a South-easterly direction along the center line of the drainage
ditch, a distance of 3200' to a point, for a corner,
Thence; in an Easterly direction along the center line of Green Lake, a distance
of 500' to a point, for a corner,
Thence; in a South-easterly direction along the center line of Green Lake to the
shoreline of Corpus Christi Bay, a distance of 800' to a point, for a corner,
Thence; in a South-westerly direction along the meanders of the shore line of
Corpus Christi Bay, a distance of 600', to a point which is a corner of the
present city limits of the City of Portland,
Thence; in a North-westerly direction along the present city limits line, a
distance of 51200' to a point, which is a corner of the present city 1imits of the
City of Portland,
Thence; in a Westerly direction along the present city limits line, a distance
of 3400' to the East Rail -Road right-of-way, to a point, which is a corner of the
present city limits of the 6ity of Portland,
Thence; in. a southerly direction, a distance of 100' to a point, for a corner,
Thence; in a Westerly direction, a distance of 700' , to a point on the East
right-of-way of U.S. 181, for a corner,
Thence; in a Northerly direction along theEast'right-of-way of U.S. 181, a
distance of 400' to a point, for a corner, also the point of beginning.
EXHIBIT ‘.a"
That the foregoing ordinance was read for first timerud passed to its
second reading on this the 4/ day of , , by the
following vote:
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
That the foregoing ordinance was rad for t second time af4,pgssed to its
third reading on this the day of , 19 , by the
following vote:
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
That the foregoing ordinance s read for the third time and passed finally
on this the \...5 day of 19 , by the following vote:
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
PASSED AND APPROVED, this the day of
ATTEST:
Ci .1:724.e?
Secretary
APPROVED:
*24 DAY OF
, 1 9
J. BRU COCK CITY ATTORNEY
By
Assistant City
ney
MAYOR
THE C OF CORPUS CHRISTI, TEXAS
, 19
17027
4 OF TEXAS, Iss:
,ounty of Nueces.
Before me, the undersigned, a Notary Public, this day personally came
LORRAINE CORTEZ who being first duly sworn, according to law, says that he is the
iy5
t 36 §
PUBLISHER'S AFFIDAVIT CITy0F0cc C.C. _
20;.?
ACCOUNTING CLERK
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
NOTICE OF PASSAGE OF ORDINANCE NO. 17027,—.
-
of which the annexed is a true copy, was published in THE CORPUS CHRISTI CALLER=TIMES
on the 1 Ot h day of ny 19....2 and once each d.ay thereafter for arie _
day
consecutive
one Times. = ,,
27.00 --Are-COUNTI-NG TIL-ERK -
LORRAINE CORTEZ govavnk, ejfk,_
_
Subscribed and sworn to before me this 13th day of MAY 19 82
EUGENIA S. CORTEZ
Texas
ST 61/1-
Notary Public, Nueces Coun , Te
1"'""""'.1 1
li
diment=BEINSIC:Blea•—emetaltere
NOTtCE 0 PASSAGE
A -If -ORDINANCE Or
-F1-125-T EADINGtea
lfle0T1DING FOR THE
CCWON BY THE CITY OF
OPUS CHRISTI TO THE
Ci-T-Y—OF PORTLAND OF
A -L -,“—ANNEXATION
R -14 -H -TS AND POLICE
f'OWERS OVER AND IN
GE -R -FAIN TRACTS OF
BYIsMUTUAL
ABeIREE MARKED
A ID-
N;
E-
RE•A-L-IN
P-R-941DING SEVER..
AGILITY.
,
t 0U,acll o 'UK;
ty•et Co anstr, Texas
ottlf 21st sofikpr.10,14111
- •
hlOTICE OF PASSAGE
• OF ORDNANCE
NOr17097
P,ROV4DING FOR THE
S'ESSICYN elY%.THE CITY OF
CORPUS CHRISTI TO THE
SITY OF PORTLAND OF
,SLL ANNEXATION
R I GHTS AND POLICE
POWERS OVER AND IN
ERTAIN T1ACTS DI.
UTUAL
MARKED,
PROVIN
ING•F
ROV INC A REL
PEALING CLAUSE; AN UBLICATIONS
ROVIDIWG_S„.q.VER
ABILTA-peSsed and approved b
the C'ty Council of the'City
Corpus Christi he 5th day
of May, 198 e 1001 01
said rdlna ce Is a a able to
the, (Mlle n,thg—
Igific of the
City ecr ary.
-5.51111 G. Read
seZrheylitrtr,
__N-Ttxas
r
STATE OF TEXAS, t „:
County of Nueces. J
Before me, the undersigned, a Notary Public, this day personally came
BILLIE J. HENDERSON , who being first duly sworn. according to law, says that he is the
PUBLISHER'S AFFIDAVIT -
v. 366469 CITY OF C.C.
1'20(9-'2
ACCOUNTING CLERK
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
NOTICE OF PASSAGE OF QUINARGE...QE.„FIPST READING.
of which the annexed is a true copy, was published in CORPUS CHRISTI CALLER TIMES
on the...42.q1 day of APRIL 19..N., and once each day thereafter for on,a
consecutiye. day
.ona Times.
$-
20.70 •
Subscribed and sworn to before me this 29th _day of APR 19 82
e5e,14.4_A
,..._-Notary Puhli N eces County, Texas
ERNA KOSTER
MOTION
B /571 Y 7ueifF KZ moved and -,.."1-f9CL 14: L) t) P/9(
seconded the motion that the ordinance read on the first two of three readings
providing for cession by the City to City of Portland be amended prior to
the third and final reading by amending the Cession Agreement by amending
the paragraph numbered I to hereafter read as follows:
"Effective as of the date of execution, Corpus Christi hereby
apportions to, relinquishes, cedes and conveys to Portland sole and exclusive
annexation rights, privileges, powers and authority under Article 970a,
V.A.C.S., Texas, and other applicable laws, that area lying generally north-
east of Highway 181 and over and in those tracts of land generally lying
northeast of Highway 181 and as described by metes and bounds contained in
Exhibit 'IP and also as shown by map thereof, attached hereto and made a
part hereof, marked Exhibit 'A'."
PASSED C/71 -15u, 5- )18,2_,