HomeMy WebLinkAbout18941 ORD - 07/23/1985AN ORDINANCE
PROVIDING FOR THE CESSION BY THE CITY OF CORPUS CHRISTI
TO THE CITY OF ROBSTOWN OF ALL ANNEXATION RIGHTS AND
POLICE POWERS OVER AND IN CERTAIN TRACTS OF LAND WITHIN
THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS
CHRISTI, AS DEFINED BY ARTICLE 970A, V.A.C.S., TEXAS,
BY WRITTEN AGREEMENT, MARKED EXHIBIT "A", 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:
PROVIDING SEVERABILITY, 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 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, a map
of the same being included in Exhibit "A" attached hereto, is found to be
within the extraterritorial jurisdiction of said City; and
WHEREAS, the City of Robstown is desirous of extending 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 included in Exhibit "A", 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 Robstown 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 Robstown over and in the said certain tracts of land. Said cession
agreement regarding said land shall be subject to conditions as herein
provided.
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 and directed to enter into, subscribe, and execute an
addendum to the "City of Robstown-City of Corpus Christi Article 970A
Cession Agreement", dated August 22, 1977, 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, to be
wholly binding according to the terms thereof upon the City of Corpus
02C.101.02
18941 MICROFILMED
N
Christi and the City of Robstown 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 Addendum to the 1977 Cession Agreement shall contain the condition
that the City of Robstown shall not request a cession of any additional
land in the City of Corpus Christi's extraterritorial jurisdiction in the
area north and west of the City of Robstown as expressly provided in said
addendum agreement; and, that the City of Robstown shall not provide gas
service to any customer in the City of Corpus Christi extraterritorial
jurisdiction from the gas line to be constructed by the City of Robstown
along County Road 69, or from any other gas line of the City of Robstown
system.
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 such conflict.
SECTION 4. 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 Corpus
Christi to which these rules and regulations relate.
SECTION 5. This ordinance shall take effect from and after its
passage.
SECTION 6. That upon written request of the Mayor or five
Council members, copy attached, to find and declare an emergency due to the
need to authorize the abovementioned cession agreement at the earliest
practical date, such finding of an emergency is made and declared requiring
suspension of the Charter rules to consideration and voting upon ordinances
or resolutions at three regular meetings so that this resolution is passed
and shall take effect upon first reading as an emergency measure this the
23rd day of July, 1985.
ATTEST:
elit---
C ty Secretary MAYOR
APPROVED:
),5/—DAY 0 , 1985:
Assistant City Jr4 orney
02C.101.02
///,1F,-
/-
THE
%l'/;-THE CITY IF CORPUS CHRISTI, TEXAS
ADDENDUM TO
CITY OF ROBSTOWN - CITY OF CORPUS CHRISTI
ARTICLE 970A CESSION AGREEMENT
WHEREAS, by contract dated the 22nd day of August, 1977, the City of
Corpus Christi and the City of Robstown, by and through the respective and
duly authorized representative of each city, entered into an agreement
pursuant to the powers and authority granted under Article 970A, V.A.C.S.,
whereby each city ceded to the other a portion of the overlapping
extraterritorial jurisdiction between the two municipalities; and
WHEREAS, the tract of land, hereinafter described as shown on Exhibit
A attached hereto, is contiguous to the corporate limits of the City of
Robstown and presently within the extraterritorial jurisdiction of the City
of Corpus Christi, as defined by Article 970A, V.A.C.S., and by virtue of
said 1977 agreement; and
WHEREAS, the City of Robstown desires to embark on a program of
annexations in order to ultimately cause the subject land to be brought
within the corporate limits of the City of Robstown; 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 Robstown 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 Robstown over the subject land; and
WHEREAS, by this agreement, it is the desire and intent of the parties
that said cession agreement be amended by this addendum whereby a portion
42.008.04
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of the former extraterritorial jurisdiction of the City of Robstown ceded
to the City of Corpus Christi under the 1977 agreement be receded to the
City of Robstown.
NOW THEREFORE, FOR AND IN CONSIDERATION of the exchange of mutual
covenants and conditions herein contained, it is hereby agreed that said
1977 cession agreement is hereby amended by the addition of the following
provisions so that said cession agreement shall hereafter include the
following:
"Effective as of the date of completion of the subscribing, approving,
and attesting hereto, as shown herein, and for and in consideration as
recited herein, the City of Corpus Christi hereby apportions to,
relinquishes, cedes and conveys to the City of Robstown the sole and
exclusive annexation rights, privileges, powers, and authority and all the
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
Robstown within (1) mile thereof:
All that land north of the north right-of-way line of County Road 44
and that portion of County Road 44 not presently within the corporate
limits of the City of Robstown extending northward to the south
right-of-way line of County Road 46 and its extension to the point of
intersection of County Road 73; and all of such land lying west of the east
right-of-way line of U.S. Highway 77 to the east right-of-way line of
County Road 73, as shown by map thereof and marked "Exhibit A", attached
hereto and made a part hereof. Provided, however, that triangular tract of
land ceded to the City of Corpus Christi in 1977 which is bounded on the
42.008.04
north by County Road 36, on the southwest by the Corpus Christi
extraterritorial jurisdiction boundary, and on the east by a southerly
extension of County Road 67 shall remain in the extraterritorial
jurisdiction of the City of Corpus Christi.
As further consideration for the cession of its extraterritorial
jurisdiction by the City of Corpus Christi, the City of Robstown hereby
expressly agrees that it shall not seek further cession of any such extra-
territorial land from the City of Corpus Christi north of County Road 46,
east of State Highway 77, or west of County Road 73 and north of County
Road 44; and, that the City of Robstown shall not provide gas service to
any customer in the City of Corpus Christi extraterritorial jurisdiction
from the gas line to be constructed by the City of Robstown along County
Road 69, or from any other gas line of the City of Robstown system.
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
Robstown shall have exclusive extraterritorial jurisdiction over the above-
described area. However, if the City of Robstown annexes such area and
then in the event of de -annexation by said City of Robstown, such land
shall return to its former status as the City of Corpus Christi extra-
territorial jurisdiction and this cession agreement shall be terminated and
of no further force or effect."
42.008.04
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SIGNED this day of , 1985.
ATTEST: CITY OF ROBSTOWN
By
City Secretary
APPROVED:
City Attorney
ATTEST:
City Secretary
APPROVED:
City Manager
CITY OF CORPUS CHRISTI
By
City anager
Assistant City Attorney Assistant City Manager
42.008.04
Corpus Christi, Texa
go3yd day of
•
,198.
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,
Council Members
Respectfully,
MAYOR
THE CIT OF CORPUS CHRISTI, TEXAS
The above ordinance was passed,.y the following vote:
Luther Jones
Dr. Jack Best
David Berlanga, Sr.
Leo Guerrero
Joe McComb
Frank Mendez
Bill Pruet
Mary Pat Slavik
Linda Strong
18941
ad
PUBLISHER'S AFFIDAVIT AL' #30838 /Y9q/
q/
STATE OF TEXAS, i,.;
County of Nuecea. f "
Before me, the undersigned, a Notary Public, this day personally came.
MARGARET RAMAGE
who being first duly sworn, according to law, says that he is the
COMAIl1NITY RELATIONS SUPERVISOR 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 #18941 PROVIDING FOR
of which the annexed is a true copy, was published in Caller -Times Publishing Co.
on the 31st day of July 19 85 and once each day thereafter for.. one
consecutive_._ day
ONE Times.
8•-- 42.55 MARGARET RAMAGE
Subscribed and sworn to before me this.._..5 y of r 19
EDNA KOSTER 11-30-88
NOTICE OF PASSAGE OF
ORDINtNCE #18941
PROVIDINa FOR THE CES-
SION BY THE CITY
CORPUS CHRISTI TO THE
CITY OF ROBSTOWN OF ALL
ANNEXATION RIGHTS AND
POLICE POWERS OVER AND
IN CERTAIN TRACTS Of
LAND WITHIN THE EXTRA-
TERRITORIAL JURISDICTION
A OF THE -CITY OF CORPUS ri
CHRISTI. AS DEFINED BY AR-
'TICLE 970A, V.A.C.S., tltl
A TEXAS, BY WRITTEN
n AGREEMENT, MARKED EX-
HIBIT A. ATTACHED
ly AND MADE A PART
HEREOFF, PURSUANT TO AR-
I TICLE" 970A, V.A.C,S.,
SECTIONS 3.B. AND C.; PRO-
VIDING PUBLICATION BY -
d CAPTION; PROVIDING A RE-
PEALING
- CLAUSE;
n -
PROVIDING , SEVERABILITY,
AND DECLARING AN EMER-
GENCY.
Was passed and approved
by the City Council of the City
of Corpus Christi, Telae on
the 23rd day of July, 1985.
The full text of said ordinance
u is available to the public in the
Office of the City Secretary.
/s/ Armando Chapa o
City Secretary f
Corpus Christi, Texas II
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