HomeMy WebLinkAbout17478 ORD - 02/16/1983AN ORDINANCE
PROVIDING FOR THE CESSION BY THE CITY OF CORPUS CHRISTI
TO THE CITY OF ODEM OF ALL ANNEXATION RIGHTS AND POLICE
POWERS OVER AND IN CERTAIN TRACTS OF LAND, BY MUTUAL
AGREEMENT, MARKED EXHIBIT "I"; PROVIDING FOR PUBLICATION;
PROVIDING A REPEALING CLAUSE; AND PROVIDING SEVERABILITY.
WHEREAS, the City of Odem, a municipal corporation having a
population of more than two thousand but less than 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, Odem now desires to annex additional land not more than
one-half 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 Odem 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;
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 Odem-City of Corpus Christi Art.
970A Cession Agreement", marked Exhibit "I", 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 and the City of Odem, 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
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water area or underlying land within the boundaries of Corpus Christi Bay and
the Gulf of Mexico.
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 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 hereof be given full force and effect for its purpose.
STATE OF TEXAS 1
CITY OF ODEM--CITY OF CORPUS CHRISTI
ARTICLE 970A CESSION AGREEMENT
BE IT REMEMBERED BY ALL MEN:
\UthREAS, the City of Odem is a city having a population of Two
Thousand 02,000) or more inhabitants, but less than Five Thousand
(5,0001 inhabitants; and
WHEREAS, the present extraterritorial jurisdiction of the City
of Odem consists of all contiguous unincorporated area, not a part
of any other city, within one-half () mile of the corporate limits
of said City, except that part of said area described in the "Exhibit
A" and "Exhibit B", attached hereto, the same being within the extra-
territorial jurisdiction of the City of Corpus Christi; and
WHEREAS, the City of Corpus Christi is a city having a population
of One Hundred Thousand (100,000) 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 (5) miles of the corporate limits
of said City; and
WHEREAS, the tracts of land, the subject of this agreement, and
shown by'Exhibit A" and "Exhibit B"; being attached hereto, are found
to be within the extraterritorial jurisdiction of the City of Corpus
Christi; and
WPEREAS, the City of Odem and the City of Corpus Christi are
mutually desirous of the City of Odem's having said lands as a part
of its extraterritorial jurisdiction, 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 Odem in said tracts of land.
NOW, THEREFORE, for good and valuable consideration, the City of
Odem, a city incorporated under the general laws of the State of Texas,
EXHIBIT "I"
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in the County of San Patricio, Texas, by and through its mayor,
whose name is subscribed hereto, for and in behalf of the Cfty of
Odem, Texas, as heretofore duly authorized and directed by Ordinance
No. 147 of the City of Odem, Texas, does hereby enter into, subscribe
and execute the agreement herein as authorized by said ordinance and
Article 970A, V.A.C.S., Texas, with the City of Corpus Christi, a
municipal corporation and body politic under the laws of the State
of Texas and the County of Nueces, Texas, by and through its city
manager, whose name is subscribed hereto, for and in behalf of the
City of Corpus Christi, Texas, as heretofore duly authorized and di-
rected by Ordinance No. the City of Corpus Christi as authorized
by said ordinance and Article 970A V.A.C.S., Texas, as follows:
I.
Effective as of the date of completion of the subscribing, approv-
ing, and attesting hereto, as shown herein, the City of Corpus Christi
hereby apportions to, relinquishes, cedes, and conveys to the City
of Odem, Texas, exclusive annexation rights, privileges, powers, and
authority and all police powers under Art. 970A, V.A.C.S., Texas, and
all applicable laws, over and in those certain tracts of land, the
subject of this agreement and shown by "Exhibits A and B", attached
hereto and made a part hereof and being all area contiguous to the city
limits of the City of Odem, Texas, within one-half (Z) mile of the
corporate limits of the City of Odem, Texas, which extends into the
extraterritorial jurisdiction of the City of Corpus Christi.
All such rights, powers, privileges, authority and all police powers
under Article 970A, V.A.C.S., Texas, and all applicable laws, as to
the above described land shall be in the sole and exclusive jurisdic-
tion of the City of Odem, Texas.
II.
All understandings, bargains and agreements of the parties hereto
are merged into this agreement instrument and all prior understandings,
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bargains and agreements of the parties hereto, relative to the subject
matter hereof, are superceded by this agreement, to the extent of any
conflict.
III.
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 unconsti-
tutional or invalid.
Subscribed, attested, approved and executed in duplicate originals
in the State of Texas and completed on this day of
1983.
The City of Corpus Christi
By
City Manager
ATTEST:
City Secretary
City of Corpus Christi
APPROVED: jai,/ u4,2 2e,/
J, -Or eIcac )17 141001A1
ems / / 0,
City Attorney Assistant City Manager
City of Corpus /'sti
Subscribed, attested, approved and executed in duplicate originals
in the State of Texas and completed on this the 5th day of October ,
1982
ATTEST:
The City of Odem
BY,/0/%7V Q/,.,li/na)
Mayo Pro-Temdof the City of Odem
APPROVED:
Jame M. Whitten,' ty Attorney
Ci. of Odem
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PREPARED sr
RANDOLPH 5. KING
REG/STEREo P00L45 SURVEYOR
DECEMBER /0, /SL
STATE OF TEXAS
COUNTY OF SAN PATRICIO Parcel No. 1
Beginning at the intersection of the northwest line of
Farm Block 91 of the Welder,& Odem Subdivision and the "City
of Odem Extraterritorial Jurisdiction Line of 1972, whence
the west corner of said Farm Block 91 hears S 3b° 37' W approx-
imately 1120 feet;
Thence in a northeasterly direction along the northwest
line of Farm Blocks 91 and 82 of said Welder & Odem Subdivision
approximately 1300 feet to its' intersection with the "City of
Corpus Christi Extraterritorial Jurisdiction 5 mile' line";
Thence in an easterly direction with said "City of Corpus
Christi Extraterritorial Jurisdiction 5 mile line" approxi-
mately a mile to its' intersection with the "City of Odem
Extraterritorial Jurisdiction Line of 1972".
Thence in a southwesterly direction with the present
"City of Odem Extraterritorial Jurisdiction Line of 1972"
approximately 0.4 mile to the place of beginning and contain-
ing 0.05 square mile.
Prepared by King & Petrus, Inc
December 20, 1982
Sinton, Texas 78387
STATE OF TEXAS
COUNTY OF SAN PATRICIO Parcel 2
Beginning at the intersection of the center line of
County Road No. 5t. and'City of Odem Extraterritorial Juris-
diction Line of 1972", from whence the southwest corner of
Scull Acres hears N d9° 40' E 2640 feet:
Thence in a general southerly direction with the follow-
ing deflections: S 30° 00' W 650.00 feet, S 07° 00' W 700
feet, S Od° 50' E 700 feet, S 23° 20' E 700 feet, S 110°
10' E 620 fent and S 48° 25' E approximately 1050 feet to a
point in the center line of U. S. Highway 77;
Thence S 53° 45' E, approximately 1200 feet to a point
where the westerly extension of the north line, of County Road
64 intersects the center line of Missouri Pacific Railroad;
Thence N 89° 30' E with the north line of said County
Road, 1630 feet;
Thence N 61° 30' E 1300 feet to a point;
0
Thence N 31 E approximately 1160 feet to a point in
said "City of Odem Extraterritorial Jurisdiction Line of 1972",
from whence the southeast corner of a 43.71 acre tract formerly
owned by Leslie Stanley bears S 73° E 300 feet;
Thence in a general northwesterly direction along the
present "City of Odom Extraterritorial Jurisdiction Line of
1972" approximately 11 miles to the place of beginning and con-
taining 0.33 square mile.
Prepared by King & Petrus, Inc.
December 20, 19d2
Sinton, Texas
STATE OF TEXAS
COUNTY OF SAN PATRICIO Parcel 3
' Beginning at a point in the "City of Odem Extraterri-
torial Jurisdiction Line of 1972" on the south side of City of
Odem, from whence the southeast corner of a 13.71 acre tract
formerly owned by Leslie Stanley bears S 63° W•650 feet;
Thence S b1° 10' E 700 feet;
Thence S 76° 00' E approximately 950 feet to a point
in the center of County Road No. 49;
Thence in a northeasterly direction with the following
deflections: N 63° E 700 feet,N 68° 45' E 660 feet and N 47°
00' E approximately 1150 feet to a point in said "City of Odem
Extraterritorial Jurisdiction Line of 1972", from whence the
southwest corner of W. C. Miller 150 acre tract bears South
1350 feet;
Thence in a general westerly direction along the present
"City of Odem Extraterritorial Jurisdiction Line of 1972" approx-
imately 0.7 mile to the place of beginning and containing 0.02
square mile.
Prepared by King & Petrus, Inc
December 20, 1962
Sinton, Texas
‘`- F At ki h i -f , ` 521
That the foregoing ordinance was read for the first time and pa sed to its
second reading on this the ar day of r -s , 19 , by the
following vote:
Luther Jones 421a.1
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
That the foregoing ordinanc s read for econd time and sedpto its
third reading on this the day of , 19 d3 , 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 fore i�+y ordinan
on this the /( day of
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
wa, read for the thi d time and passed finally
, 19 , by the following vote:
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
PASSED AND APPROVED, this the `0" day of
ATTEST:
• Secretary
43YR VED:
.2WYDAY OF
J. BRUCE AYCOCK, CITY ATTORNEY
MAYOR
THE CIS' OF CORPUS CHRISTI, TEXAS
9
17478
k
STATE OF TEXAS,
County of Nueces.
}ss:
#10904
•
PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHR STI
Before me, the undersigned, a Notary Public, this day personally came.
ANNA GARZA ., who being first duly sworn, according to law, says that he is the
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 17478 PROVIDING FOR THE
of which the annexed is a true copy, was published in CORPUS CHRISTI CALLER -TIMES
on the_ _21 day (I:_ FEBRUARY 19 83y and once each DAY .thereafter for ONE •
consecutive DAY
ONE __Times.
30.69 ANNA GARZA
ACCT CLERK
Subscribed and sworn to before me this -.28th .._.da
EUGENIA S. CORTEZ •
of _ _FEBRUARY ; 83
Notaii9 Public, Nueces County, T
I •
•
y..,, PASSAGE qQ 1
PROVIDINGVFOR;471HE.
CESSION BY THE CITY{
OF CORPUS Cbt:IIST1 TO
THE CITY OF ODEM OF
ALL ANNEXATION
RIGHTS AND POLICE
POWERS OVER AND IN
CERTAIN TRACTS OF
LAND, BY MUTUAL
AGREEMENT, MARKED
EXHIBIT 1"; PROVID-
ING FOR PUBLICATION;
PROVIDING A REPEAL-
ING CLAUSE, AND
PROVIDING SEVERABILI-
TY.
Was passed and approved
by the City Council of the
City of Corpus Christi, Tex -
1 as on the 16th day of
February, 1983. The full text
of said ordinance Is avail-
able to the public In the
Office of the City Secretary.
-5-8111 G. Read
City Secretary
` Corpus Christi,
• Texas
Nnt re of Findinp�.•,.,,