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,