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HomeMy WebLinkAbout17589 ORD - 05/04/1983AN 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 PROVIDING 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, Corpus Christi, on May 25, 1982, contracted with Portland to cede to Portland additional areas of overlapping jurisdiction within one mile of the then existing and presently existing city limits of Portland and not within one-half mile of the City of Gregory, more particularly described in the contract dated May 25, 1982, reference to which is here made; 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 SEP 2 81384 MICROFILMED 17589 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; 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 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 Agreement shall in no way be intended to include any water area or underlying land within the boundaries of Corpus Christi Bay and the Gulf of Mexico. J 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. THE STATE OF TEXAS COUNTY OF NUECES THE STATE OF TEXAS COUNTY OF SAN PATRICIO X x 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 jurisdic- tion 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 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, Corpus Christi, on May 25, 1982, contracted with Portland to cede to Portland additional areas of overlapping jurisdiction within one mile of the then existing and presently existing city limits of Portland and not within one-half mile of the City of Gregory, more particularly described in the contract dated May 25, 1982, reference to which is here made; 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 xl„t.,;- "A" • 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; NOW, THEREFORE, 1. 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 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 contained in Exhibit "B" and also as shown by map thereof, attached hereto and made a part hereof, marked Exhibit "A" subject to the following specific understandings: II. A. 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 ten (10) years thereafter, the City of Portland, Texas, shall have exclusive extraterritorial jurisdiction over the land area as described in paragraph "I" of this agreement. Said land shall be annexed by Portland within such ten (10) year period; provided however, that in the event said land or portion thereof remains outside the corporate boundary of Portland at the expiration of such ten (10) year period, the extraterritorial jurisdiction over said land or portion thereof shall revert to Corpus Christi. B. That Portland will exercise control over the delivery of water in the above-described area so that all new water customers will be required 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 C. 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. III. This agreement does not cover the area northwest of Highway 181, but expressly pertains only to the land described in Exhibit "B" attached hereto. 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 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 jurisdic- tion 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 of 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. 3 SUBSCRIBED, ATTESTED, APPROVED AND EXECUTED in duplicate originals in the State of Texas and completed on this day of 1983. APPROVED: City Attorney ATTEST: City Secretary ATTEST: THE CITY OF PORTLAND, TEXAS By ' City Manager THE CITY OF CORPUS CHRISTI, TEXAS By City Secretary City Manager APPROVED: DAY OF , 1983 J. Bruce Aycock, City Attorney By Assistant City Attorney APPROVED: Assistant City Manager City of Portland- City of Corpus Christi Cession Agreement 4 I ! I AREA CEDED TO PORTLAND 5-14-83 GENERAL HIGHWAY• MAP • SUPPLEMENTARY SHEET DETAIL OF CITIES AND TOWNS SAN PATRICIO COUNTY ; TEXP PREMfEO BY 041' STATE- DEPARTMENT_ OF-•.HIGHWAYS:,•,_- ..:�:<r-::..s.,:.�..�-.,ate..•..,..�, QND;PUBLtC..:TRANSPORTA"�iON=;,....•>?re -•I - •-'�'f�%•�-o3y TRANSPORYATATN.•PLANNINO DIVISIOtf••;��� . U.S. DEPARTMENT OF TRANSPORTATION- •,• FEDERAL HIGHWAY ADMINISTRATION I97O' • 4970 CENSUS- fGVRt9:-: HIGMWR73. REVISED _,TO FEHROARY I, l977 L. METES AND BOUNDS DESCRIPTION FOR THE CITY OF PORTLAND EXTRA -TERRITORIAL JURISDICTION EAST OF U.S. HIGHWAY 181 BEGINNING at a point where the North right-of-way line of F.M. 3239 intersects the West right-of-way line of State Highway 181 for a corner, said point being North corner of the present City of Portland City Limits. THENCE; in a Northerly direction along the West right-of-way of State "Highway 181 to a point on said R.O.W. line that is a distance of approxi- mately 3,308 feet North of the present City of Portland Northern City _Limits Line and 3,269 feet South.of the City of Gregory Southern City Limits Line, for the North corner of the tract herein described. THENCE; in an Easterly direction along a line that parallels the existing City of Gregory Southern City Limits Line at a distance of 3,269 feet due South and at right angles therefrom; following said line to its intersection with -the East right-of-way line of the Southern Pacific Railroad, for a point. THENCE; South 64°-49'-45" East, a distance of approximately 4,100 feet, to the point, of intersection with the centerline of Green Lake Drainage Ditch for the Northeast corner of this tract. THENCE; in a Southeasterly direction along the meanders of the centerline of Green Lake, a distance of 3,640 feet to a point on the centerline of Green Lake, for a corner of this tract, said point being also 1,750 feet at right angle to the present City of Portland Northeast City Limits Line. THENCE; in a Westerly direction along a line running at right angle to the right-of-way of State Highway 181, a distance of 5,900 feet to a point on the East right-of-way line of said State Highway for a corner. THENCE; in a Southerly direction along the East right-of-way line of State Highway 181, a distance of 300 feet to a point, which point is also the intersection of the extension of the North right-of-way line of F.M. 3239 with the East right-of-way of State Highway 181. THENCE; in a Westerly direction following said extension of the North R.O.W. line of F.M. 3239, a distance of 520 feet to "THE POINT OF BEGINNING". Exhibit "B" That the foregoing ordinance was read for the first time and passed to its second reading on this the a7 day of19 J3 , by the following vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky (f a That the foregoing ordinance read for e econd time and {}nsed to its third reading on this the (�'1t 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 forego ig ordinanc on this the /� day of Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy as read for the or, e_. ', Cliff Zarsky 4,!. PASSED AND APPROVED, this the day of ird time and passed finally 19 , by the following vote: ATTEST: • Secretary 7P VED: 1 DAY OF , 19 J. BRUCE AYCOCK, CITY ATTORNEY By MAYOR 19589 , 19 X3. THE C Y OF CORPUS CHRISTI, TEXAS MOTION moved and seconded the mot' n that the ordinance read on the firs i two of three readings on February 2, 1983, and February 9, 1983, respectively, concerning cession agreement between the City of Corpus Christi and Portland for the ceding of part of the extraterritorial jurisdiction to Portland, be amended prior to the third and final reading by substituting a revised map and metes and bounds description made a part of said cession agreement, designated Exhibits A and B, to indicate reduction in the extraterritorial jurisdiction ceded by the City to Portland. PASSED J� ' 4- 6 3 i PASSAGE"OF}MPI,. -' 'ORDINANCE • NO. 17589 PROVIDING FOR CES- SI71 BY THE CITY OF CORPUS CHRISTI TO THE OF CITY OF PORTLAND ANNEXATION RIGHTS AND POLICE POWERS OVER AND IN CERTAIN TRACTS OF LAND, BY MUTUAL AGREEMT, MARKED EXHIBIT ENA"; PROVID- ING ROV DING FOR PUBLICATION, PROVIDING REPEAL - NG CLAUSE; AND PRO- VIDIN ssEl asaeedand aproved L by the City CouncIP of the 1n City of Corpus Chnsh, Tex- - as on .the 4th day of May, i1983. The full text of said ordinance is available to the public In the Office of the City Secretary s-Bill G. Read t City Secretary ' Corpus Christi, Texas. 9• STATE OF TEXAS, bounty of Nueces. }68: sok AD#543190 City of C.C. PUBLISHER'S AFFIDAVIT Before me, the undersigned, a Notary Public. this day personally came. GRACIE DE LUNA who being first duly sworn, according to law, says that he is the of the Corpus Christi Caller and The Corpus Christrflmes, .Daily Newspapers published at Corpus Christi, Texas,, in said County and State, and that the publication of - NOTICE OF PASSAGE OF ORDINANCE NO. 17589... ADM. ASST. SECRETARY of which the annexed is a true copy, was published in CALLER -TIMES PUBLISHING CO. on the.:9th day of_. May__.1983 and once each day ._.__.thereafter for.. one • consecutive ___...._4LY One _Times. b- 3069 GRACIE DE LUNA _ ADM. ASST. SECRETARY Subscribed and sworn to before me this... _1Oth.._.day M.of _..._.___ aX_...__...._......._.. 1983 Q..�ii :...._QTY EUGENIA S. CORTEZ .a S. Notary Pul c, Nueces County,