Loading...
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 rp, 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 I 3 YA=k Nv y - -its: f",1,4; ...,!•••-•••-•AV857JWN ET•/ • Sei; 111113.1. - ate vow • Waif% .i - iM.l;ira2■ i u%•4 ��CosrJ "cd.�s :I - 6•- -71 f• i4 - \ ti ,`L .. _ ice ;\ _ - • swci>,ss• U.. •onua+o••o6 ..tw.-. wmt� co•a•u•Ih.• 6 t tr. • e... a..tst. 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 unvrc nc DATc mows1 I