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HomeMy WebLinkAbout18396 ORD - 08/07/1984AN ORDINANCE PROVIDING FOR THE CESSION BY THE CITY OF CORPUS CHRISTI TO THE CITY OF PORT ARANSAS OF ALL ANNEXATION RIGHTS AND POLICE POWERS OVER AND IN CERTAIN TRACTS OF LAND, MAPS OF THE SAME, MARKED EXHIBIT "A" AND "A-1", BEING ATTACHED HERETO, WITHIN THE EXTRATERRITORIAL JURISDIC- TION OF THE CITY OF CORPUS CHRISTI, AS DEFINED BY ARTICLE 970A, V.A.C.S., TEXAS, BY WRITTEN AGREEMENT, MARKED EXHIBIT "B", ATTACHED HERETO AND MADE A PART HEREOF, PURSUANT TO ARTICLE`970A, V.A.C.S., SECTIONS 3.B. AND C.; PROVIDING PUBLICATION BY CAPTION; PROVIDING A REPEALING CLAUSE; AND PROVIDING SEVERABILITY. WHEREAS, the City of Corpus Christi is a city having a population of one hundred thousand 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 miles of the corporate limits of said City; and WHEREAS, the hereinafter described certain tracts of land, maps of the same marked Exhibit "A" (Tract 1) and "A-1" (Tract 2), being attached hereto, are found to be within the extraterritorial jurisdiction of said City; and WHEREAS, the City of Port Aransas is desirous of annexing approximately 906 acres of land one-half mile from its present corporate limits, such area being presently within the five -mile extraterritorial jurisdiction of the City of Corpus Christi as shown by map thereof designated as Exhibit "A", attached hereto and made a part hereof; and WHEREAS, the City of Port Aransas is further desirous of annexing approximately 54 acres of land not presently within one-half mile of its present corporate limits, such area being presently within the five -mile extraterritorial jurisdiction of the City of Corpus Christi, as shown by map thereof designated as Exhibit "A-1", attached hereto and made a part hereof; and WHEREAS, it is the desire of the City of Corpus Christi to reduce the boundaries of its extraterritorial jurisdiction so that said proposed annexations by the City of Port Aransas 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 the City of Port Aransas over and in the said certain tracts of land. Said cession agreement regarding Tract 1 shall be subject to the condition that Tract 1 be annexed to the City of Port Aransas within six (6) months and not subsequently deannexed after annexation. Such Cession Agreement regarding Tract 2 shall be subject to the condition that the City of Port Aransas shall,extend its corporate limits to within one-half mile of Tract MI"ROFILMED 19396 SEP 2 81984 2 within 6 months from the effective date of the annexation of Tract 1. Upon the extension of its corporate limits to within one-half mile of Tract 2, the city of corpus Christi shall cede Tract 2 to the City of Port Aransas by written cession agreement pursuant hereto. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARANSAS, TEXAS: SECTION 1. The City Manager of the City of Corpus Christi is hereby authorized and directed to enter into, subscribe, and execute the "City of Port Aransas -City of Corpus Christi Article 970A Cession Agreement", marked Exhibit "B", attached hereto, and by this reference incorporated herein and made apart 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 Port Aransas, all as authorized by Article 970A, V.A.C.S., Texas, and pursuant to Sections 3.B. and 3.C. thereof, and approved, sealed and attested by the City's officers as required by law. Said Cession Agreement shall contain the condition that if such area not be annexed by Port Aransas within six (6) months, or if after annexation to Port Aransas it be deannexed, such area will revert to the extraterritorial jurisdiction of Corpus Christi, all in accordance with the agreement, a copy of which is attached hereto and made a part hereof. SECTION 2. That the City Manager is hereby authorized to enter into a Cession Agreement with the City of Port Aransas as to Tract 2, as shown by Exhibit "A-1", the execution of which shall be subject to the City of Port Aransas extending its corporate limits to within one-half mile of Tract 2 not more than six (6) months from the effective date of annexation of Tract 1 by the City of Port Aransas. Said cession agreement shall contain the condition that if said Tract 2 not be annexed, except as to the limitations or annexation under Section 7., Article 970a V.A.C.S., within six (6) months of the date of said cession agreement, or if after annexation to Port Aransas it be deannexed, such Tract 2 will revert to the extraterritorial jurisdiction of the City of Corpus Christi. SECTION 3. This ordinance shall be published by caption once in a newspaper of general circulation in the City of Port Aransas. SECTION 4. All ordinances or parts of ordinances in conflict herewith shall be and are hereby repealed to the extent of conflict herewith. SECTION 5. If for any reason any section, paragraph, subdivi- sion, clause, phrase, or provision of this ordinance shall be held invalid by final judgment of a court of competent jurisdiction, it shall not affect any valid provisions of this or any other ordinance of the City of Port Aransas to which these rules and regulations relate. SECTION 6. This ordinance shall take effect from and after its passage. CITY OF ARANSAS PASS j/ I. shta._-.---- Jr - 1 i _ J z c5i' C.' -tight 1 T. I ---------.1.12S' L.ght l� � �' ` !^� - oL.ght • Scale: 1"=2000'f 6. Port Aransas ETJ Line CITY OF CORPUS CHRISTI A A -E- ST - rAyr saSalt Island (�ac� l: T VI• •�• CITY OF • - it ': N•6?g'%�q_- • `off.•• .-\ . A., PORT ARANSAS 1. Port Aransas \,•>2' \a • /. 0,. %• f - OLP' -� • te- T • i ETJ Line 0)3 • aliono °� -.`: Port Aransas- ETJ Line -' / 1' 1 • '1 / r / 7/ -Mxn E.po,M • CITY OF CORPUS CHRISTI Tirdic_1 117 CITY OF ARANSAS PASSE -� •�:lo�-r �_r :.,. / _�� • f� CNiiS ` CNANNE o4IIh!' J/'�; i:• i, ufne 1. --_,. 5 5' _ � F i--...----- — . SL CIE :-ipn 2000!+ CITY OF CORPUS CHRISTI ? .\��. "`: . - N. • f SaIIVY • ..31 . ..Ey'CST . A • FLeTS ��r • 101. r- ,1°� CITY OF PORT ARANSAS '`` dr• T *.t.:71 � M ,� iy\�a� 6?g'ai4. v - \�: �'). ‘.....–....•'''. •`N. 7...76. E �' 7...7629. 0,7.v / / . / Port Aransas, �'`:\;; ETJ Line L •\ Icf.4. Z. 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THE STATE OF TEXAS § COUNTY OF NUECES § CITY OF PORT ARANSAS - CITY OF CORPUS CHRISTI ARTICLE 970A CESSION AGREEMENT BE IT REMEMBERED BY ALL MEN: WHEREAS, the City of Port Aransas is a City having a population of less than 5,000 inhabitants and the present extraterritorial jurisdic- tion of the City of Port Aransas consists of all contiguous unincorporated areas, not a part of any other City or of its extraterritorial jurisdiction and within one-half (1/2) mile of the corporate limits of said City; and WHEREAS, the City of Corpus Christi is a City having a population of 100,000 or more inhabitants and the present extraterritorial jurisdiction of the City of Corpus Christi consists of all contiguous unincorporated areas, not a part of any other city or of its extraterritorial jurisdiction, and within five (5) miles of the corporate limits of said City; and WHEREAS, the tract of land, hereinafter described containing 906 acres, as shown on Exhibit "A" attached hereto, is contiguous to the corporate limits of both the City of Port Aransas and the City of Corpus Christi and presently within the extraterritorial jurisdiction of the City of Corpus Christi, as defined by Article 970A, V.A.C.S.; and WHEREAS, the City of Port Aransas desires to embark on a program of annexations in order to ultimately cause the subject land in its entirety to be brought within the corporate limits of the City of Port Aransas, said program to consist of a series of annexations of portions of the subject land in such amounts and at such times as the City of Port Aransas is legally entitled so to do; and WHEREAS, it is the desire of the City of Corpus Christi to reduce the boundaries of its extraterritorial jurisdiction so that said proposed annexation program by the City of Port Aransas 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 the City of Port Aransas over the subject land and; NOW, THEREFORE, BE IT REMEMBERED: The City of Port Aransas, a municipal corporation and body politic incorporated under the laws of the State of Texas, in the County of Nueces, Texas, sometimes hereinafter called "Port Aransas", by and through its City Manager, as heretofore duly authorized and directed by Ordinance -1- p Ex h;b;t a , No. of the City of Port Aransas, does hereby enter into, subscribe and execute the agreement herein, as authorized by said Ordinance and Article 970A, V.A.C.S., pursuant to Sections 8 and C thereof, with the City of Corpus Christi, a municipal corporation and body politic incorporated under the laws of the State of Texas, in the County of Nueces, Texas, sometimes hereinafter called "Corpus Christi", by and through its City Manager, as heretofore duly authorized and directed by Ordinance No. of the City of Corpus Christi, as authorized by said Ordinance and Article 970A, V.A.C.S., pursuant to Sections 3.B. and 3.C. thereof, as follows: I. Effective as of the date of completion of the subscribing, approving, and attesting hereto, as shown herein, and for and in consideration of payment of the sum of Ten Dollars ($10.00), the receipt of which is hereby acknowledged, the City of Corpus Christi hereby apportions to, relinquishes, cedes and conveys to the City of Port Aransas the sole and exclusive annexation rights, privileges, powers, and authority and all police powers, under Article 970A, V.A.C.S., and other applicable laws, over and in that portion of the subject land to be annexed by the City of Port Aransas within one-half (1/2) mile thereof: Extension of 906 acres of area, more or less, to the corporate boundaries of the existing City of Port Aransas, Nueces County, Texas, a city situated on the Gulf of Mexico and adjacent waterways, about 20 miles N. 05° East from the County courthouse, and embracing a portion of Mustang Island by metes and bounds as follows: BEGINNING at a point, the northeast corner of Survey No. 10, Block NO. 278, Mustang Island, described in plat and field notes that are recorded in the office of the County Surveyor of Nueces County, Texas, in Mustang Island Survey, Book 4, Page 535, for a corner of this tract; THENCE in a northeasterly direction along the northerly boundary line of Mustang Island as described in plat and field notes that are recorded in aforementioned Book 4, to a point, the intersection of said line and the present one-half mile extraterritorial jurisdiction line of the City of Port Aransas, for a corner of this tract; THENCE in a southeasterly direction along said extraterritorial jurisdiction line to a point, its intersection with the present city limit line of Port Aransas, for a corner of this tract; -2- THENCE in a southwesterly direction along said present city limit line of Port Aransas to a corner in said line, the north corner of Block No. 243, Mustang Island, as described in aforementioned Book 4, for a corner of this tract; THENCE in a southeasterly direction along said present city limit line of Port Aransas, to a corner in said line, the east corner of said Block 243, for a corner of the tract; THENCE in a southwesterly direction along said present city limit line of Port Aransas, to a corner in said line, the east corner of Block No. 246, Mustang Island, as described in aforementioned Book 4, for a corner of this tract; THENCE in a southeasterly direction, along said present city limit line of Port Aransas, to a corner in said line, the east corner of Block NO. 222, Mustang Island, as described in aforementioned Book 4, for a corner of this tract; THENCE in a southwesterly direction along said present City limit line of Port Aransas, to a corner in said line, the east corner of Block No. 221, Mustang Island, as described in aforementioned book 4, for a corner of this tract; THENCE in a southeasterly direction along said present city limit line of Port Aransas, to a corner in said line, the east corner of Block No. 220, Mustang Island, as described in aforementioned Book 4, for a corner of this tract; THENCE in a southwesterly direction along said present city limit line of Port Aransas, to a corner in said line, the west corner of Block No. 192, Mustang Island, as described in aforementioned Book 4, for a corner of this tract; THENCE in a southeasterly direction along said present city limit line of Port Aransas, to a corner in said line (250 feet from the west right-of-way line of 120 foot wide Park Road 53), for a corner of this tract; THENCE in a southwesterly direction along said present city limit line of Port Aransas, 250 feet from and parallel to the west right-of-way line of 120 foot wide Park Road 43, a distance of 6,565.00 feet to a corner in said line, for a corner of this tract; -3- THENCE in a northwesterly direction, perpendicular and at right angles to said present city limit line of Port Aransas, a distance of 2,640 feet, to a point for a corner of this tract; THENCE in a northeasterly direction, with a line that is both 2,640 feet from and parallel to said present city limit line of Port Aransas, to a point 2,640 feet from the present westerly city limit line of Port Aransas, for a corner of this tract; THENCE in a northwesterly direction, with a line that is both 2,640 feet from and parallel to said westerly city limit line of Port Aransas, to a point, its intersection with the southwesterly extension of the south lie of Block 159, Mustang Island, as described in aforementioned Book 4, for a corner of this tract; THENCE in a northeasterly direction, with said southwesterly extension of the south line of Block 159, to a point on the southeasterly extension of the present easterly right-of-way line of "Piper Canal", for a corner of this tract; THENCE in a northerly direction, along said easterly right-of-way line of "Piper Canal", to its intersection with the northwesterly line of Block No. 271, Mustang Island, as described in aforementioned Book 4, for a corner of this tract; THENCE in a northeasterly direction along the common northwesterly line of Blocks 271, 272, 273, 274, and 275, Mustang Island, as described in aforementioned Book 4, to the north corner of said Block 275 (said point also being the east corner of Block 278), for a corner; THENCE in a northwesterly direction along the northeasterly line of Block No. 278, Mustang Island, as described in aforementioned Book 4, to the POINT OF BEGINNING. II. The City of Corpus Christi and the City of Port Aransas mutually agree to the following: 1. The City of Port Aransas will support the Port of Corpus Christi's request for lease of State lands extending 5,000 feet from the center line of the Ship Channel on the west side of the Piper Channel and 4,500 feet from the center line of the Ship Channel on the east side of the Piper Channel. -4- 2. The City of Port Aransas will undertake no action to abridge or preclude dredge disposal activities within the cession area. 3. The cession agreement will automatically terminate and the area ceded will automatically revert to the City of Corpus Christi if any action by zoning or other action by the City of Port Aransas precludes or limits disposal of dredge material on lands owned by the State of Texas under this agreement. 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 six (6) months thereafter, the City of Port Aransas, Texas, shall have exclusive extraterritorial jurisdiction over the above described area. However, if the City of Port Aransas, Texas, has failed to annex such area within six (6) months from the date this contract is executed, or in the event of deannexation by said City of Port Aransas, it shall return to its former status as the City of Corpus Christi extraterritorial jurisdiction and this Cession Agreement shall be terminated and of no further force or effect. IV. All understandings, bargains, and agreements of the parties hereto are merged in this Agreement and all prior understanding, bargains and agreements of the parties hereto, relative to the subject matter hereof, are superseded by this Agreement. V. 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 1984. ATTEST: CITY OF PORT ARANSAS By City Secretary City Manager -5- ATTEST: CITY OF CORPUS CHRISTI By City Secretary City Manager APPROVED: DAY OF , 1984: J. BRUCE AYCOCK, CITY ATTORNEY By: Assistant City Attorney -6- CITY OF ARANSAS PASS Light. T ` • _ l • 5cale: zoo o'± • / . . / � gh, t 7.� G. Port Aransas ETJ Line CITY OF CORPUS CHRISTI .� sf `Z, lig • Q (eta a 11000.511.15g,ormat A/1 4, t Port Aransas ETJ Line • paw vIf,. �' ./• `off: j¢'�`'` 1' • 1 • / / -Efsn coed CITY OF CORPUS CHRISTI . ' That the foregoing ordinance wa read for t fi st time and sed to its second reading on this the o� MK -day of �� , 19j V , by the following vote: Luther Jones Betty N. Turner David Berlanga, Sr. Welder Brown Leo Guerrero Dr. Charles W. Kennedy Joe McComb Frank Mendez Mary Pat Slavik That the foregoing ordinanc as read for thecond time and go ed to its third reading on this the_LUgA day of ! , 196 , by the following vote: Luther Jones Betty N. Turner David Berlanga, Sr. Welder Brown Leo Guerrero Dr. Charles W. Kennedy Joe McComb Frank Mendez Mary Pat Slavik That the for going ordina was read for the hird time and passed finally on this the day of Luther Jones Betty N. Turner David Berlanga, Sr. Welder Brown gcxSt' , 19 , by the following vote: J PASSED AND APPROVED, this the ATTEST: Cit Secretary APPR VED:. 7-4_DAY OF / , 19f'4: i J. BRUC COCA Y ATTORNEY By Assistant Liney Leo.Guerrero Dr. Charles W. Kennedy Joe McComb Frank Mendez Mary Pat Slavik day of MAY (1,1.1 7E,' TH - ITY OF CORPUS CHRISTI, TEXAS 19396 • • PUBLISHER'S AFFIDAVIT STATE OF TEXAS, t„: County of Nueces. 1J Before me, the undersigned, a Notary Public, this day personally came. "0' GRACIE DE LUNA j ADM. ASST. SECRETARY AD#38683 .., who being first duly sworn, according to law, says that he is the of the Corpus Christi Caller and The Corpus Christi limes, Daily Newspapers published at Corpus Christi, Texas,, in said County and State, and that the publication of NOTICE OFPASSAGE OF ORDINANCE NO. 18396... of which the annexed is a true copy, was published in CALLER -TIMES PUBL. CO. on th ].3th day of Auqust _ 19 84.., and once each...... dAY...._..._..thereafter for._.._. one consecutive. day One Times. $ 41_80 GRACIE DE LUNA Adm. Asst. Sec. Subscribed and sworn to before me this... 191-h .._.day o[L _.August otary Public, Nu EDNA KOSTER 19....8.4.... Texas - 11/30/84 �I ; y: di ~s�A�iilm-Y�e�- r rW11.� 2l+-•.—•�. .NOTICE OF PASSAOEicot OF ORDINAS81 Na 1Q3J$i, PROVIDING "FOR THE . CES: SION BY TN E CITY OF CORPUS CHR8,TI TO THE CITY OF PORT ARANSAS OF ALL ANNEXATION RIGHTS AND POLICE POWERS OVER AND IN CERTAIN TRACTS OF LAND, MAPS OF THEE,,SAME, MARKED EXHIBIT "'A' AND -A-1', BEING ATTACHED HERETO, WITHIN THE EX- TRATERRITORIAL JURISDIC- TION OF THE CITY OF COR PUS CHRISTI, AS DEFINED BY ARTICLE 970A, V.A C.S ) TEXAS, BY WRITTEN AGREEMENT, MARKED EXI HIBIT 'B-, ATTACHES HERETO AND MADE A PART; HEREOF, PURSUANT TO AR- TICLE 970A, V A.C.S SECTIONS 3 8 AND C ; PRO VIDING PUBLICATION BY CAPTION, PROVIDING A RE- PEALING CLAUSE. AND PROVIDING SEVERABILITY. Was passed and approved by the City Council of the City of Corpus Christi, Texas on the 7th day of August, 1984. The full text of said ordinance is available to the public in the Office of the City Secretary -a-13111G. Read Cay Secretary Corpus Christi, Texas