HomeMy WebLinkAbout18468 ORD - 09/18/1984.4
AN ORDINANCE
AUTHORIZING THE EXECUTION OF A CESSION AGREEMENT WHEREBY THE
CITY OF PORT ARANSAS CEDES TO THE CITY OF CORPUS CHRISTI 64
ACRES NOW IN THE CITY OF PORT ARANSAS' EXTRATERRITORIAL
JURISDICTION; AND DECLARING AN EMERGENCY.
WHEREAS, the City of Corpus Christi is a city having a population of
one hundred thousand or more inhabitants; and
WHEREAS, the hereinafter described certain tract of land, a map of the
same marked Exhibit "A" being attached hereto, is found to be within the
extraterritorial jurisdiction of the City of Port Aransas; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the City Manager is hereby authorized to execute an
agreement with the City of Port Aransas whereby the City of Corpus Christi
receives under its extraterritorial jurisdiction approximately 64 acres now in
the the City of Port Aransas' extraterritorial jurisdiction, all as set forth in
the agreement, a substantial copy of which is attached hereto and made a part
hereof, marked Exhibit "A".
SECTION 2. If for any reason any section, paragraph, subdivision,
clause, phrase, word, 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 of this ordinance, for it is the definite intent of this City
Council that every section, paragraph, subdivision, clause, phrase, word, or
provision hereof be given full force and effect for its purpose.
SECTION 3. This ordinance shall take effect from and after its
publication one time in the official publication of the City of Corpus Christi,
which publication shall contain the caption stating in summary the purpose of
the ordinance.
SECTION 4. That upon written request of the Mayor or five Council
members, copy attached, to find and declare an emergency due to the immediate
need for efficient and effective administration of City affairs by amending the
Code as aforesaid, such finding of an emergency is made and declared requiring
suspension of the Charter rule as to consideration and voting upon ordinances or
resolutions at three regular meetings so that this ordinance is passed and shall
18468
take effect upon first reading as an emergency measure this the 18th day of
September, 1984.
ATTEST:
Ci Secretary 4
APPROVED: /O T9 DAY OF SEPTEMBER, 1984
J. BRUCE AYCOCK, CITY ATTORNEY
By
Assistant Cit7.ftorney
MAYOR
THE CI OF CORPUS CHRISTI, TEXAS
A
STATE OF TEXAS 1
COUNTY OF NUECES
CITY OF CORPUS CHRISTI - CITY OF PORT ARANSAS
ARTICLE 970A CESSION AGREEMENT
BE IT REMEMBERED BY ALL MEN:
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 64 acres, as shown on Exhibit "A" attached hereto,
is within the extraterritorial jurisdictional limits of both
the City of Port Aransas and the City of Corpus Christi and
presently within the extraterritorial jurisdiction of the City
of Port Aransas, as defined by Article 970A, V.A.C.S.; and
WHEREAS, it is the desire of the City of Port Aransas
to reduce the boundaries of its extraterritorial jurisdiction
so that said area revert back to the extraterritorial juris-
diction of the City of Corpus Christi, there being no other
cities having jurisdiction or legal interest therein, for the
purpose of establishing the exclusive extraterritorial juris-
diction of the City of Corpus Christi over the subject land and;
WHEREAS, the City of Corpus Christi desires to receive
back from the City of Port Aransas, said area to be included in
the City of Corpus Christi extraterritorial jurisdiction;
NOW, THEREFORE, BE IT REMEMBERED:
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, does hereby enter into, subscribe
and execute the agreement herein, as authorized by4said Ordinance
and Article 970A. V.A.C.S., pursuant to Sections B and C thereof,
with 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 No. 84-38 of the City of
Port Aransas, as authorized by said Ordinance and Article 970A,
V.A.C.S., pursuant to Sections B and 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 Port Aransas
hereby apportions to, relinquishes, cedes and conveys to the City
of Corpus Christi the sole and exclusive annexation rights, priv-
ileges, 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 Corpus Christi
within five (5) miles thereof, .•
Describing 64 acres, more or less, including a portion of
"Piper Canal" and "Pelone Island", located generally west
of the City of Port Aransas, Nueces County, Texas, by
metes and bounds as follows:
BEGINNING at a point on the present one-half mile extra-
territorial jurisdiction line of the City of Port Aransas,
said point being the intersection of the northerly shore-
line of "Pelone Island" and the present easterly right-of-
way line of "Piper Canal", for a corner of this tract;
THENCE in a southeasterly direction with said present
easterly right-of-way line of "Piper Canal". and its
south easterly extension, to a point, its intersection
with the southwesterly extension of the southline of
Block 159, Mustang Island, as described in Book 4, Mustang
a.
Island Survey, filed in the office of the County
Surveyor, Nueces County, Texas, for a corner of this
tract;
THENCE in a southwesterly direction along the extension
of said Block 159, to its intersection with the south-
easterly extension of the present westerly right-of-way
line of "Piper Canal" for a corner of this tract;
THENCE in a northwesterly direction with said present
westerly right-of-way line of "Piper Canal" and its
southeasterly extension, to a point, its intersection
with the southerly shoreline of aforementioned "Pelone
Island", for a corner of this tract;
THENCE in a westerly direction with the meanders of said
southerly shoreline of "Pelone Island", to a point, its
intersection with the present one-half mile extraterritorial
jurisdiction line of the City of Port Aransas, for a
corner of this tract;
THENCE in a northerly direction with said present one-
half mile extraterritorial jurisdiction line of the City
of Port Aransas, to a point, its intersection with the
northlery shoreline of aforementioned "Pelone Island",
for a corner of this tract;
THENCE in an easterly direction with the meanders of said
northerly shoreline of "Pelone Island", to a point its
intersection with theaforementioned present westerly
right-of-way line of "Piper Canal", for a corner of this
tract;
THENCE continuing in an easterly direction, crossing
"Piper Canal", to a point on the aforementioned present
easterly right-of-way line of said"Piper Canal", to the
POINT OF BEGINNING.
II
From and after the date this Agreement is approved and
adopted by the governing bodies of the cities which are parties
hereto, the City of Corpus Christi, Texas, shall have exclusive
extraterritorial jurisdiction over the above described area.
III
All understandings, bargains, and agreements of the
parties hereto are merged in this Agreement and all prior under-
standing, bargains and agreements of the parties hereto, relative
to the subject matter hereto, are superseded by this Agreement.
IV
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 uncon-
stitutional 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 MIN day
of , 1984.
ATTEST:
City Secy retaarry p t—
APPROVED:
CITY OF PORT ARANSAS
City Atto
tp y
Ordinance NO. 84-38
Authorized by City Council 8-30-84
d • c-)2 '
Mayor Pro -Tem
ATTEST: CITY OF CORPUS CHRISTI
BY
City Secretary City Manager,
APPROVED:
City Attorney
Corpus Christi, Te as
)144- day of , .198446
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance
or resolution, an emergency exists requiring suspension of the Charter rule
as to consideration and voting upon ordinances or resolutions at three
regular meetings; I/we, therefore, request that you suspend said Charter rule
and pass this ordinance or resolution finally on the date it is introduced,
or at the present meeting of the City Council.
Respectfully, Respectfully,
Council Members
MAYOR
THE CITY
F CORPUS CHRISTI, TEXAS
The above ordinance was passed„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
18468
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STATE OF TEXAS, las:
County of Nueces. J
'PUBLISHER'S AFFIDAVIT
AD#7681
i26i
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
ADM, Zi5.5.T.,..„SZQ.BET.A.EY 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 11846a ---__
of which the annexed is a true copy, was published in _.__. _ CALLER -TIMES PUBL. CO.�^
on the 24th day of......_September 19 84., and once each......._day ....._.thereafter for..._.one
consecutive day
_Qns~.. Times.
26.40 GRACIE DE LUNA
Adm. Asst. Sec.
601411, AJL
Subscribed and sworn to before me this ..2.51-11 .,_.day pf._...._....S.ept.emk,e.r
Notary ueces County,
EDNA KOSTER - 11/30/84
n-%lterlc
NOTICE OF PASSAGE
OF ORDINANCE 618488
AUTHORIZING THE EXECU—
TION '0F A.-CESIS]ONT
AGREEMENT WHEREBY THE
CITY OF PORT ARANSAS
CEDES TO THE CITY OF CSR -
PUS CHRISTI 64 ACRES
NOW,IN THE CITY OK Em,
ARANSAS' EXTRATERRITOO:
RIAL'° JURISDICTION; AND.
DECLARING AN EMERGEN-
CY:
Was passed and approved=
by the City Council of the City
, of Corpus Chnsti, Texas -oil
r, the 18th day of September;
r 1984. The full text of, said
ordinance is avadable`t97fb 1•
',public at the Office of the',,C
Secretary.
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