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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 1 7,278 MICROFILMED SEP 2 8 1984 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" -1- 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, -2- $1S 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 -3- M /O ego 0 dG ♦�C T 4,N e o 00. 51 M0 50E IMO u.�/ 5 ,10° d COUNTY ROA, 4 P0500 .,j�`o ? 6 PLAT SNOW/No LAND CEDED BY CITY OFCORPI/S CHR/ST( TEXAS SHOWN AS PARC ELS /,255 TO CITY OF ODEM. TEXAS 4.1 .' 0,00110 S0.1. _ IL taco woo � 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�.•,.,,