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Home My WebLink About021187 RES - 07/02/1991A RESOLUTION REDUCING THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI; AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE CITY OF INGLESIDE - CITY OF CORPUS CHRISTI 1991 CESSION AGREEMENT. WHEREAS, the City of Corpus Christi is a city having a population of one hundred thousand or more inhabitants; WHEREAS, the present extraterritorial jurisdiction of Corpus Christi consists of all contiguous unincorporated area, not a part of any other city or its extraterritorial jurisdiction, within five (5) miles of the corporate limits of said city; WHEREAS, the City of Ingleside is a city having a population more than five thousand inhabitants but less than 24,999 inhabitants; WHEREAS, the extraterritorial jurisdiction of Ingleside consists of all contiguous unincorporated area, not a part of any other city or its extraterritorial jurisdiction, within one (1) mile of the corporate limits of said city; WHEREAS, the tract of land, hereinafter referred to as the "subject land," a map of which marked Exhibit "A," is attached hereto, is within the extraterritorial jurisdiction of Corpus Christi; WHEREAS, Ingleside is desirous of annexing land contiguous to its present corporate limits in accordance with the Service Plan as is attached to the Cession Agreement, and the subject land constitutes a portion of said land; WHEREAS, it is the understanding of Ingleside that the City of Corpus Christi wants to reduce the boundaries of its extraterritorial jurisdiction so that said proposed annexations by Ingleside 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 Ingleside over the subject land. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the extraterritorial jurisdiction of the City of Corpus Christi is hereby reduced to allow the annexation of the subject land by the City of Ingleside in accordance with the City of Ingleside - City of Corpus Christi 1991 Cession Agreement, all as more fully set forth in the agreement, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "B," RP5043.001.kp 1111010FILMED 021.E SECTION 2. That the City Manager of the City of Corpus Christi is hereby authorized and directed to enter into, subscribe, and execute the "City of Ingleside - City of Corpus Christi 1991 Cession Agreement," 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 Ingleside, all as authorized by Chapter 42, Extraterritorial Jurisdiction of Municipalities of the Local Government Code of Texas, and all applicable laws related thereto, and approved, sealed, and attested by the city's officers as required by law. SECTION 3. If any part of this resolution is invalid or void or is declared to be so, then said part shall be severed from the balance of this resolution and said invalidity shall not affect the balance of this resolution. ATTEST: City Secretary `mac\o — MAYOR THE CI CORPUS CHRISTI APPROVED: DAY OF J , 1991 JAMES R. BRAY JR., CITY ATTORNEY By: Assistant City Attorney RP5043.O02.kp STATE OF TEXAS 4-30-1991 COUNTY OF SAN PATRICIO DESCRIPTION of a portion of the extraterritorial jurisdic- tion of the City of Corpus Christi, Texas, situated on the south- ern end of Live Oak Peninsula and adjoining the extraterritorial jurisdiction of the City of Ingleside, Texas, as shown by map labeled as Exhibit "A" in the Final Judgment of Cause 21819 in the District Court of San Patricio County,Texas, 156th Judicial District, dated January 25, 1982. INCLUDING all or parts of the Ingleside Townsite Subdivi- sion, as shown by map recorded in Volume 5, Page 39, and the Ingleside -on -the -Bay Subdivision, as shown by map recorded in Volume 5, Page 45, both in the Map Records, San Patricio County, Texas, and portions of the T. T. Williamson Survey, Abstract 295; the T. H. Judson Survey, Abstract 177; the L. Von Zacarias Sur- vey, Abstract 271; and the John Robinson Survey, Abstract 225: BEGINNING at the intersection of the common southerly extra- territorial jurisdiction of Ingleside with the northerly ex- traterritorial jurisdiction of Corpus Christi at the shoreline of Ingleside Cove, an extension of Corpus Christi Bay, being on the City Limits of Corpus Christi, as shown on said Exhibit "A" in the Final Judgment of Cause 21819; THENCE, in a southerly and easterly direction along said common extraterritorial jurisdiction boundary, approximately 9,110 feet to the westerly right-of-way of Farm to Market Road 1069, being on the westerly limits of the extraterritorial juris- diction of the City of Aransas Pass, as shown on said Exhibit "A" THENCE, in a southeasterly, southerly, and southwesterly direction along the westerly right -of --way of said Farm -to -Market road and the westerly limits of the extraterritorial jurisdiction of Aransas Pass, approximately 4,220 feet to the northerly shore- line of Corpus Christi Bay, being on the City Limits of Corpus Christi, as shown on said Exhibit "A"; 1 THENCE, in a westerly and northwesterly direction along said City Limits of Corpus Christi following the meanders of the shoreline of Corpus Christi Bay approximately 11,550 feet, and continuing in a northeasterly and northerly direction along said City Limits of Corpus Christi following the meanders of the shoreline of Ingleside Cove, approximately 2,950 feet to the POINT OF BEGINNING. CONTAINING 823 acres, more or less. BY: /41 Micha Haas Registered Professional Land Surveyor Licensed State Land Surveyor Note: Not surveyed on the ground 2 Ile P.a�Q F �r ♦� Sita A- fel u, .ISO• �";"`..��J. 4.•11 • It r e�', ret `. • bra dr. • • A �! � --�_'- # - �� I f �l/•fir , / i /y- - L' tell 1 TT ■! Lb • .tel • - 11-5 wr•; I \4/ A VT:,3 ▪ ▪ 1 • •• LAB .� f 17� 1 • •.1 JD. ,• 01 t. pr. LEGEND Q ET.1 CITY O' Is G•ES'OC {L_.1� ET: CTI, Cr •n•r.SAS PASS >_.--.J ETr CITY Or CO *,S —•• •u41F: 6Du,-,1•• ..VC ISE ••E« ET„ 5 0, r.Ii -...ES nr •4.45.5 w'.5-rGLESIOE •4i CO- ut EXHIBIT A To FINAL JJDUEMENT •. E4J`_- ',;) c'!Bk9 `-TrLED CITY OF AkANCAS P455 .s CIT• OF INGE £51=E IN THE I56ID JU;:'C ;,_ STT+ T S:.•, '.TF'C•D CG,5TY. TEt45 *r1-4 THE CTT Cr CHw ST. 45. .'FRvENOk, C•!�wIN3 rRJE n. ISE ON OF THE EIM:TS OF !HE _'. tE- AND THE IP EIC. . rkAT_RRITURIAL J.P'•0 TIONS °')I•,DANT ; JC !,E MEW THE STATE OF TEXAS COUNTY OF SAN PATRICIO _CITY OC dGLESIDE--CITY OF CORPUS CHRIST'/ 1991 CESSION AGREEMENT BE IT REMEMBERED BY ALL MEN: WHEREAS, the City o: Ingleside is a city having a population of more than 5,000 inhabitants but less than 24,999 inhabitants, and the present extraterritorial jurisdiction of Ingleside consists of all contiguous, unincorporated areas, not a part of any other city or of its extraterritorial jurisdiction, within one (1) mile of the corporate limits of Ingleside; 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, within five (5) miles of the corporate limits of Corpus Christi; and WHEREAS, the tract of land, containing 823 acres, more or less, as shown on Exhibit "A" attached hereto, hereinafter referred to as the "subject land" is contiguous to the corporate limits of Corpus Christi and the extraterritorial jurisdiction of Ingleside and is within the extraterritorial jurisdiction of Corpus Christi, as defined by Section 42.023 of the Texas Local Government Code; and WHEREAS, Ingleside 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 Ingleside, said program to consist of two annexations each of which will encompass a portion of the subject land in such amounts and at such times as Ingleside is legally entitled so to do; and WHEREAS, Ingleside plans within the near future to extend sewer service to a developed portion of the subject land known as Ingleside on the Bay; in accordance with the service plan attached hereto; and WHEREAS, it is the desire of Corpus Christi to reduce the boundaries of its extraterritorial jurisdiction so that said proposed annexation program by Ingleside 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 Ingleside over the subject land; and 1 WHEREAS, the City Council of Ingleside, by Ordinance No. , and the City Council of Corpus Christi, by Resolution No., have authorized and directed their respective city officers to make and enter into this Cession Agreement; and NOW, THEREFORE, BE IT REMEMBERED: The City of Ingleside, a Home Rule municipal corporation and body politic incorporated under the laws of the State of Texas, in the County of San Patricio, Texas, sometimes hereinafter called "Ingleside", does hereby enter into, subscribe and execute the agreement herein, as authorized by said Ordinance, with the City of Corpus Christi, a Home Rule 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", in accordance with Chapter 42, Extraterritorial Jurisdiction of Municipalities of the Local Government Code of Texas, and all applicable laws related thereto, as follows: I. Effective as of the date stated in Article V of this agreement, and for and in consideration of payment of the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, Corpus Christi hereby apportions to, relinquishes, cedes and conveys to Ingleside the sole and exclusive annexation rights, privileges, powers, and authority and all police powers, under the Texas Local Government Code and other applicable laws, over and in that portion of the subject land within one (1) mile of the Ingleside city limits as such limits exist on the effective date of this agreement, and upon completion of the annexation of said portion of the subject land by Ingleside, Corpus Christi hereby apportions to, relinquishes, cedes and conveys to Ingleside the same rights, powers, privileges, and authority over and in the remaining portion of the subject land within one (1) mile of the corporate limits of Ingleside as those limits exist upon completion of the annexation of the first portion of the subject land to be annexed pursuant to this agreement. II. From and after the effective date of this agreement, and for a period of twelve (12) months thereafter, Ingleside shall have exclusive extraterritorial jurisdiction over each portion of the subject land extending up to but not exceeding one (1) mile from the corporate boundaries of Ingleside as said boundaries now exist and as they expand due to subsequent annexation under this agreement. However, if Ingleside has failed to annex all of the subject land within twelve (12) months from the effective date of this contract, or in the event of disannexation by Ingleside of 2 any portion of the subject land, then in either of those events, that portion of the subject land which has not been annexed or which is disannexed shall return to its former status as being under the exclusive extraterritorial jurisdiction of Corpus Christi, and this Cession Agreement shall be terminated and of no further force or effect. If annexation of any of the subject area by Ingleside is delayed by reason of an injunction or court proceeding or by reason of any other matter beyond the direct control of Ingleside, then the 12 -month period aforesaid shall be extended for a period of time equal to the amount of time such injunction or other order is in effect. All understandings, bargains, and agreements of the parties hereto are merged in this agreement and all prior understandings, bargains and agreements of the parties hereto, relative to the subject matter hereof, 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 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. V. EXECUTED in duplicate originals: A. On the day of 1991, by the City of Ingleside; B. On the day of 1991, by the City of Corpus Christi; and C. The effective date of this agreement shall be the date this agreement is executed by the last party to execute it as reflected above. ATTEST: CITY OF INGLESIDE BY: Ingleside City Secretary City Manager 3 Approved as to form: Ingleside City Attorney ATTEST: CITY OF CORPUS CHRISTI BY: Corpus Christi City Secretary Corpus Christi City Manager Approved as to form: Corpus Christi City Attorney Attachments: Exhibit A - Description of subject land within Corpus Christi ETJ and being ceded to Ingleside Exhibit B - Service Plan INGLESIDE\CESSION.AGREE 4 City of Ingleside (512) 776-2517 Fax (512) 776-5011 P. 0. Drawer 400 Ingleside, Texas 78362 DRAFT (Not Yet Approved by City Council) FACT SHEET ANNEXATION DATA 1991 SERVICE PLAN SOUTHERN END OF LIVE OAK PENINSULA The City of Ingleside is already providing water service for the entire proposed annexation area and sewer is now being provided to Naval Station Ingleside. The City will provide sewer to Ingle- side on the Bay within thirty months. The City has received preliminary approval for a low interest loan from the State Revolving Fund for extension of sewer services including Ingle- side on the Bay. Funding approval should take place in late 1991 with construction expected to begin in early 1992. Construction should be complete by late 1992. Even though sewer service should be available within twelve to eighteen months from annexation, the thirty month service plan would give the City an opportunity to sell bonds or certificates of obligation to provide sewer service to Ingleside on the Bay in the unlikely event that the SRF application runs into problems. Other areas of the proposed annexation area will have sewer available under the same cost terms and conditions as other properties currently within the City of Ingleside that are not now receiving sewer service. (1) Public Safety protection including fire and police services will be provided beginning the effective date of the annexation. (2) Solid waste collection is presently being provided to City residents and residents of Ingleside on the Bay through a con- tract with Browning Ferris Industries. Service and service cost will remain the same. (3) Health and Safety activities including code enforcement and animal control activities will begin within sixty (60) days of the effective date of the annexation. (4) Maintenance of roads and streets including road and street lighting, street signs and drainage will begin within sixty (60) days of the effective date of the annexation. tXHIB.IT "B" 066 Corpus Christi, Texas vP day of , 19 The above resolution was passed by the following vote: Mary Rhodes Cezar Galindo (� Leo Guerrero Betty Jean Longoria Edward A. Martin Joe McComb /; Dr. David McNichols Clif Moss ( /1 ' Mary Pat Slavik 066 Corpus Christi, Texas day of &Law, , 19q i The above resolution was passed by the following vote: Mary Rhodes Cezar Galindo C Leo Guerrero 8)\-O Betty Jean Longoria Edward A. Martin Joe McComb Dr. David McNichols ahL Clif Moss Mary Pat Slavik (6/ 021270