HomeMy WebLinkAbout021270 RES - 10/29/1991A RESOLUTION
CONSENTING TO THE INITIATION OF INCORPORATION
PROCEEDINGS AND THE INCORPORATION AS A MUNICIPALITY
OF THE AREA SPECIFICALLY DESCRIBED ON EXHIBIT "A"
ATTACHED HERETO, COMMONLY REFERRED TO AS INGLESIDE
ON THE BAY; AND AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AMENDMENT TO THE CITY OF INGLESIDE - CITY
OF CORPUS CHRISTI 1991 CESSION AGREEMENT TO ALLOW FOR
THE INCORPORATION OF INGLESIDE ON THE BAY.
WHEREAS, by Resolution 21187 passed and approved July 2, 1991, the City
of Corpus Christi authorized the reduction of its extraterritorial jurisdiction in accordance
with the terms and conditions of the City of Ingleside - City of Corpus Christi 1991 Cession
Agreement ("Cession Agreement");
WHEREAS, a part of the territory made subject to the Cession Agreement is
composed of Ingleside on the Bay;
separate city;
WHEREAS, the residents of Ingleside on the Bay desire to incorporate as a
WHEREAS, those residents filed a lawsuit in the 343rd Judicial District Court
being Cause No. 32,093-C to prevent the City of Ingleside from annexing Ingleside on the
Bay;
WHEREAS, the parties to that lawsuit have reached a settlement of their
differences; and
WHEREAS, the City of Ingleside consents to the incorporation of the City of
Ingleside on the Bay.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF CORPUS CHRISTI, TEXAS:
SECTION 1. That the City of Corpus Christi hereby consents to the initiation
of incorporation proceedings as provided by law and the incorporation as a municipality of
the area specifically described on the attached Exhibit "A," commonly referred to as
Ingleside on the Bay. The incorporation must be initiat writhin six (6) months after the
date of this consent and must be finally completed within eighteen (18) months after the
date of this consent.
RP5043.002.kp
021270
MICROFILMED
SECTION 2. That the City Manager of the City of Corpus Christi is hereby
authorized and directed to enter into, subscribe, and execute the Amendment to the City
of Ingleside - City of Corpus Christi 1991 Cession Agreement, a copy attached hereto as
Exhibit "B" ("Amendment") 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.
ATTEST:
MAY R
THE
APPROVED:; ('r�; DAY OF (�Cf b , 1991
JAMES R. BRAY JR., CITY ATTORNEY
By:
rssi nt City Attorney
RP5043.002.kp
CORPUS CHRISTI
EXHIBIT A
(lett 3T- BAY)
MC: 1
DiESCR/PTICV of all of Ingleside on the Bay, as shown by loop regarded in
Volume 5, Page 46, and a portion of Ingleside 3bronsite, as sham by map
recorded in Voles 5, Page 39, both in the Hap Records, Sart Patricia County,
Texas:
• H=GINN . on the easterly right-of-way of otic Ave e, adjoining 81ock
441 as shown on , said map of Ingleside site, at its intersection with a
Line 250.00 feet southerly frau and parallel with the centerline of P'aaa-to-
Market Road 1069, being on the fly city limits of the City of Tryju airly,
as described in its Ordinance Number 448;
IMEnX2, southerly along said easterly Line of Rustic Avenue to the south--
easterly right-of-way of Starlight Drive;
=CB, sOathweeterly along said southeasterly line of Starlit Drove to
the northeasterly -of-way of Eby Street;
TENCH, svuther:aterly along said northeasterly line of Ebony Street to
the southeasterly i-way of Wildwvod Drive;
•MEWS, eorthwesterly along said southeasterly line of Wile ad Drive to
the nartheasberly x -elf-way a± Live Cek Street;
THENCE, southeasterly along said nor-rhnastecly line of Live Oak Street to
the easterly right-of-vey of otic *venue adjcdning Block 121;
TBENce, southerly along said easterly line of Matic due to the south-
westerly zd.ght-ot-vey of Bay Shore Drive;
the northeast of 8 northwesterlockcl along southwesterly line of Hay Shy Drive to
TEnisicz, southerly along tipe oaster1y line of Block 121 to its aaztheest
ag an the =son shoreline of ods Christi say arra city limits of
Corpus Christi;
THENCE, m easterly along the meanders of said con=s shoreline and
city limos and along the southwesterly boundary of Blocks 121A, 139A, 140A,
141A, 142A, 143A, and 144A, to the south coma= of Lot If Block 3., said
2ngleBi. de on the Bay Suhdiviainu;
1, northwesterly continuing along the meanders of said mance shore-
line and city limits line and along the southwesterly boundary of said Block
3, to the northweet corner of lot 70 thereof, ung on the shcrelthe Of
Ingleside Cove;
TIMM
northeasterl
•andy along the meanders c f the Etheraine of said
Ingleside Covenortherly curdary city
locks 3 and 4 of said subdivision t c the limits of the City of Carpus Christi, and est
corner of Bleat 108 of said Ingleside Boon sits Subdivision;
THENCE, re-B'i''t't' '''g northeasterly along the meanders of said caaron shore-
line city limits and aloe; the abun
ably boundary of Blocks 108, 90,
•g
73, , 58A. and Retests St=mt to the southwesterly wr of Block 57;
TIMM'southeasterly along the southwesterly Lille of Block 57, and
crossing Inglewood Drive and continuing along the soutradester4 line of Block
56 to its southeast 'er;
Tom, northeasterly along the y line of Blah 56 to its
notthesat tortnar;
norNumber thwesterly
alongg the northeasterly line of Block 56 to its
nertb est am�on the city limits of Ingleside described in its
448;
n=theasterly
alp
of Block 46
to the vest rester of Lot 1g said thereat;•
1BEbrzis and the northwesterly line
•southeasterly eking said city limits and the southwesterly line
of Lots 1 and 2, said Block 46, and its projection to the solitheasterly line
of the 20 foot 411ley in said Block 46;
TREME. northeasterly eloug said city limits and the southeasterly hive
of said alley to the west coag of Lot. 38, said Block 46;
THENCI4 southeasterly along said
line
of ®d 39, said Block 46 . end its jection to theimits and the �line
of Block 45;• northwesterly
,p�1yal said city the tctloesterly line Bl to of /at l`
southeasterly elm; said qty limina and the coftbiamtarly lire
of Lots 1 and 2, said Block 45, end its projection t.o he southeasterly limn
of the 20 foot alley iii said Block 45;
•
IZEBENCE'northeasterly along said city limits and the southeasterly line
of said alley to the vest corner of Int 60, said Bloc 45;
southeasterly along said city limits and the soutb1esterly Line
of Iota 60 end 61, said Block 45, and its projection to the northvesterly Liza
ofBlock 44;
FIENCE. northeasterly along said city limits and the northwesterly line
of said Block 44 to the vest corner of Lot 1 thereof;
1(' 3
'MEE
, southeasterly 411crig said dry limits and the southwesterly line
of Lots L and 2, said Block 44, and its prajcctica to the southeasterly tins
of the 20 foot alley in said Block 44i
, northeasterly along said city limits and the southeasterly line
of said alley to the north ourner of at 61, said Block 44, being on the
westerly right-of-way of Rustic Ave;
tRENC2, southerly along said city limits and the fly right-of-way of
Rustic Avenue to its irttersecnion with a line 250.00 feet southerly frail and
parallel, with the centerline of Faxm-to 46Nrket Road 1069;
THEWS, easterly along said city limits and said parallel line to the
Point of Beginning.
CONisitmaNG 183 acres, moue or less.
THE STATE OF TEXAS
COUNTY OF SAN PATRICIO
AMENDMENT TO CITY OF INGLESIDE-CITY Q CORPUS CHRISTI
1991. CESSION AGREE
BE IT REMEMBERED BY ALL MEN:
WHEREAS, the City of Ingleside and the City of Corpus Christi
entered into the 1991 Cession Agreement whereby the City of Corpus
Christi ceded certain extraterritorial jurisdiction to the City of
Ingleside; and
WHEREAS, part of the area Ceded to the City of Ingleside is
composed of subdivisions known as Ingleside on the Bay; and
WHEREAS, residents of Ingleside on the Bay desire to
incorporate their own city under that name; and
WHEREAS, said residents filed Cause No. 32,093-C in the 343rd
Judicial District Court in San Patricio County, Texas challenging
the City of Ingleside's attempted annexation of Ingleside on the
Bay; and
WHEREAS, the parties to Cause No. 32,o93 -C have settled their
differences in accordance with the attached Order and Settlement
Agreement; and
WHEREAS, the City of Ingleside has now consented to the
incorporation of the City of Ingleside on the Bay, and
NOW, THEREFORE, BE IT REMEMBERED that the City of Ingleside
and the City of Corpus Christi hereby amend the 1991 Cession
Agreement by and between them in accordance with this Amendment so
as to consent to the initiation of incorporation proceedings and
the incorporation as a municipality of the area described on the
attached Exhibit C, commonly referred to as Ingleside on the Bay.
I.
The City of Ingleside -City of Corpus Christi 1991 Cession
Agreement is hereby amended so as to allow the incorporation of the
City of Ingleside on the Bay and the City of Ingleside and the City
of Corpus Christi hereby apportions to, relinquishes, cedes and
conveys to the City of Ingleside on the Bay effective upon
incorporation the sole and exclusive rights, privileges, powers and
authority in all police powers under the Texas Local Government
Code and other applicable laws over that portion of the subject
land described in the attached Exhibit C.
1.
Ii.
In the event that the incorporation election of Ingleside on
the Bay does not take place on or before January 31, 1992, or said
election fails or if the incorporation of Ingleside on the Bay
fails for any reason whatsoever this Amendment shall be terminated
upon such failure. All other terms and conditions of the City of
Ingleside -City of Corpus Christi 1991 Cession Agreement are hereby
continued in full force and effect except to the extent of this
Amendment.
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 amended by this agreement and this
Amendment shall not affect the right of the City of Ingleside to
annex any other land which is the subject of the Cession 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 the 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.
2
ATTEST:
CITY OF INGLESIDE
BY:
Ingleside City Secretary Steve Fitzgibbons
City Manager
Approved as to Form:
Ingleside City Attorney
ATTEST: CITY OF CORPUS CHRISTI
BY:
Corpus Christi City Secretary Juan Garza
City Manager
Approved as to form:
Corpus Christi City Attorney
3
Corpus Christi, Texas
day of 6c6-6, , 19 C I
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
Mary Pat Slavik
066
cu/y
Ct
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