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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 021270