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.
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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
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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
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.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