HomeMy WebLinkAbout023886 ORD - 12/21/1999AN ORDINANCE
ANNEXING FOUR TRACTS OF LAND ADJACENT TO THE CITY LIMITS
IN THE VICINITY OF THE WOOD RIVER SUBDIVISION AND HAZEL
BAZEMORE PARK; PROVIDING FOR A SERVICE PLAN FOR THE
ANNEXED TRACTS OF LAND; PROVIDING THAT THE OWNERS AND
INHABITANTS ARE ENTITLED TO ALL RIGHTS, PRIVILEGES, AND
BURDENS OF OTHER CITIZENS AND PROPERTY OWNERS OF THE
CITY OF CORPUS CHRISTI AND ARE SUBJECT TO AND BOUND BY
THE CITY CHARTER, ORDINANCES, RESOLUTIONS, AND RULES;
PROVIDING FOR AMENDMENT OF THE OFFICIAL MAPS OF THE CITY
OF CORPUS CHRISTI; PROVIDING FOR SEVERANCE; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City of Corpus Christi desires to annex four tracts of land, in the vicinity
of the Wood River Subdivision and Hazel Bazemore Park, to the City of Corpus Christi;
WHEREAS, on November 9th and 16th, 1999, public hearings were held by the City
Council, during City Council meetings held in the Council Chambers, at City Hall, in the
City of Corpus Christi, following publication of notice of the hearings in a newspaper of
general circulation in the City of Corpus Christi, for the consideration of annexation
proceedings and the service plan for the defined lands and territory, during which all
persons interested in the annexations were allowed to appear and be heard;
WHEREAS, a service plan for the area proposed to be annexed was made available for
public inspection and explained at public hearings on November 9th and 16th, 1999;
WHEREAS, it has been determined by the City Council that the territory now proposed
to be annexed lies wholly within the extraterritorial jurisdiction of the City of Corpus
Christi;
WHEREAS, it has been determined by the City Council that the territory now proposed
to be annexed abuts and is contiguous and adjacent to the City of Corpus Christi;
WHEREAS, it has been determined by the City Council that the territory now proposed
to be annexed constitutes lands and territories subject to annexation as provided by the
City Charter of the City of Corpus Christi and the laws of the State of Texas; and
WHEREAS, this annexation will leave property owned by Nueces County, and used as
a park, River Hills Country Club, and six single family residences, outside, but
completely surrounded by, the city limits of the City of Corpus Christi; and
WHEREAS, the owners of the Rivers Hills Country Club and six single family
residences requested that their property not be annexed, notwithstanding the fact that
the properties will be located within area that is completely surrounded by the city limits
of the City of Corpus Christi; and
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WHEREAS, it has been determined that it would be advantageous to the City and to its
citizens and in the public interest to annex the lands and territory hereinafter described.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. The City Council finds that leaving the property owned by Nueces County,
River Hills Country Club, and six single family residences outside, but completely
surrounded by, the city limits of the City of Corpus Christi is in the public interest.
SECTION 2. That a 22.5 acre tract of land, more or less, out of a 38.07 acre tract,
more or less, now or formerly owned by Nueces County, described in Document No.
1998056953, Nueces County Deed Records, is annexed to, brought within the
corporate limits, and made an integral part of the City of Corpus Christi. The tract is
described by metes and bounds in Exhibit A and by a map in Exhibit B of this
ordinance.
SECTION 3. That a 34.3 acre tract of land, more or less, consisting of a 22.13 acre
tract, more or less, now or formerly owned by Gary L. Martin, et ux, described in
Document No. 943189, Nueces County Deed Records, and 12.17 acres, more or less,
out of a 38.07 acre tract, more or less, now or formerly owned by Nueces County,
described in Document No. 1978056953, Nueces County Deed Records, is annexed to,
brought within the corporate limits, and made an integral part of the City of Corpus
Christi. The tract is described by metes and bounds in Exhibit C and by a map in
Exhibit D of this ordinance.
SECTION 4. That a 26.95 acre tract of land, more or less, out of the Herrera Grant
North portion and out of Nueces River Irrigation Park Annex 1, located north of and
adjacent to the present city limit line and east of and adjacent to existing River Hill
Drive, is annexed to, brought within the corporate limits, and made an integral part of
the City of Corpus Christi. The tract is described by metes and bounds in Exhibit E and
by a map in Exhibit G of this ordinance.
SECTION 5. That a 7.02 acre tract of land, more or less, out of Nueces River Irrigation
Park, Annex 1, and out of an 8.907 acre tract described in Deed Vol. 2207, Page 411,
Nueces County, Texas, Deed Records, is annexed to, brought within the corporate
limits, and made an integral part of the City of Corpus Christi. The tract is described by
metes and bounds in Exhibit F and by a map in Exhibit G of this ordinance.
SECTION 6. That there is approved, as part of this annexation ordinance, a service
plan. The service plan, in Exhibit H of this ordinance, is incorporated into and made a
part of this ordinance. The service plan provides for the same number of services and
levels of service for the annexed area and to the same extent that such services are in
existence in the area annexed immediately preceding the date of annexation or that are
otherwise available in other parts of the city with land uses and population densities
similar to those contemplated or projected in the area annexed.
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SECTION 7. That the owners and inhabitants of the tracts or parcels of land annexed
by this ordinance are entitled to all the rights, privileges, and burdens of other citizens
and property owners of the City of Corpus Christi, and are subject to and bound by the
City Charter of the City of Corpus Christi, and the ordinances, resolutions, motions,
laws, rules and regulations of the City of Corpus Christi and to all intents and purposes
as the present owners and inhabitants of the City of Corpus Christi are subject.
SECTION 8. That the official map and boundaries of the City and its extraterritorial
jurisdiction, previously adopted and amended, are amended to include the territories
described in this ordinance as part of the City of Corpus Christi, Texas.
SECTION 9. That the City Manager or his designee is directed and authorized to
perform or cause to be performed all acts necessary to correct the official map of the
City and its extra territorial jurisdiction to add the territory annexed as required by law.
SECTION 10. If for any reason any section, paragraph, subdivision, clause, phrase,
word or provision of the ordinance shall be held invalid or unconstitutional by final
judgment of a court of competent jurisdiction, it shall not affect any other section,
paragraph, subdivision, clause, phrase, word or provision of this ordinance for it is the
definite intent of this City Council that every section, paragraph, subdivision, clause,
phrase, word or provision hereof be given full force and effect for its purpose.
SECTION 11. This ordinance goes into effect at 12:01 a.m, December 28, 1999.
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That the foregoing ordinance was read for the first time and passed to its second
reading on this the \ 4 -Th -day of December, 1999, by the following vote:
Samuel L. Neal, Jr.
Javier D. Colmenero
Melody Cooper
Henry Garrett
Dr. Arnold Gonzales
Rex A. Kinnison
Betty Jean Longoria
John Longoria
Mark Scott
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That e fgreegoing ordinance was read for the second time and passed finally on this
the '6aay of December, 1999 by the following vote:
Samuel L. Neal, Jr.
Javier D. Colmenero
Melody Cooper
Henry Garrett
Dr. Arnold Gonzales
PASSED AND APPROVED, this the
Rex A. Kinnison
Betty Jean Longoria
John Longoria
Mark Scott
day of December, 1999.
Armando Chapa Samuel L. al, Jr.
City Secretary Mayor, The City of Corpus Ch'isti
APPROVED: /O"i day of December, 1999:
James R. Bra , Jr., City Attorney
BY: Se
R. J
ming
Se - or s ssistant City Attorney
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EXHIBIT A
METES AND BOUNDS
AREA "B", TRACT 1
A 22.5 acre tract of land, more or less, out of a 38.07 acre tract, more or less, now or
formerly owned by Nueces County, described in Document No. 1998056953, Nueces
County Deed Records, said 22.5 acre tract, more or less, more particularly described as
follows:
BEGINNING at a point on the west line of Lot 2, Block 44, Wood River Subdivision
Unit 5, a corner on the present City limit line established by Ordinance No. 22617,
dated June 25, 1996, said corner also being the northeast corner of Wood River
Subdivision Unit 11A, for the southeast corner of the tract herein described;
THENCE westerly along the north line of Wood River Subdivision Unit 11A, the present
City limit line, its curves and its angles to a point, for the north corner on Lot 9, Block 5,
Wood River Subdivision Unit 11A, and a point of the southwest line of this tract;
THENCE North 55° 32' 15" West along the present City limit line established by
Ordinance No. 23135, dated November 18, 1997, 185 feet, more or less, to a point of
deflection on the southwest line of this tract;
THENCE North 62° 42' 50" West continuing with the present City limit line, 768.20 feet,
more or less, for an outside corner of this tract;
THENCE North 40° 17' 27" West continuing with the present City limit line, 382.18 feet,
more or less, to a point on the south low water line of the Nueces River, for a point on
the present city limit line established by Ordinance No. 10002, dated November 18,
1970, and the west corner of this tract;
THENCE easterly along the south low water line of the Nueces River, the present City
limit line, to a corner on said present City limit line, the northwest corner of Lot 2, Block
44, Wood River Subdivision Unit 5, and the northeast corner of this tract;
THENCE South 17° 06' 15" West, along the present City limit line established by
Ordinance No. 17686, dated July 6, 1983, the northwest line of Lot 2, Block 44, Wood
River Subdivision Unit 5, 1,100 feet, more or less, to a point, for the northeast corner of
Wood River Subdivision Unit 11A, and the POINT OF BEGINNING.
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EXHIBIT C
METES AND BOUNDS
AREA "B", TRACT 2
A 34.3 acre tract of land, more or less, consisting of a 22.13 acre tract, more or less,
now or formerly owned by Gary L. Martin et ux, described in Document No. 943189,
Nueces County Deed Records, and 12.17 acres, more or less, out of a 38.07 acre tract,
more or less, now or formerly owned by Nueces County, described in Document No.
1998056953, Nueces County Deed Records, said 34.3 acre tract, more or less, more
particularly described as follows:
BEGINNING at a corner on the present City limit line, the intersection of the east line of
Lot 2, Block 44, Wood River Subdivision Unit 5, and the south low water line of the
Nueces River, for the northwest corner of this tract;
THENCE easterly along the low water line of the Nueces River, the present City limit
line established by Ordinance No. 10002, dated November 18, 1970, to a corner in said
present City limit line, for the northwest corner of a 35.07 acre tract, more or less, now
or formerly owned by the City of Corpus Christi, described in Volume 2278, Pages 786-
790, Nueces County Deed Records, for the northerly northeast corner of this tract;
THENCE South 17° 06' 15" West, along the present City limit line established by
Ordinance No. 22441, dated December 19, 1995, 1,066.68 feet, more or less, for an
inside corner of this tract;
THENCE South 84° 54' 24" East, continuing along the present City limit line, 243.52
feet, more or less, for an outside corner of this tract;
THENCE South 72° 18' 52" east, continuing along the present City limit line, 1,097.86
feet, more or less, to a point on the west line of Hazel Bazemore County Park, for the
southerly northeast corner of this tract;
THENCE South 09° 50' 45" West, leaving the present City limit line, along the west line
of Hazel Bazemore County Park, 536.73 feet, more or less, to a point on the north line
of the River Hills Country Club, a 102.70 acre tract, more or less, now or formerly
owned by the Rigo Corporation, described in Volume 361, Page 544, Nueces County
Deed Records, for the southeast corner of this tract;
THENCE westerly along the boundary line of said 102.70 acre tract, its curves and its
angles, to a point, the east corner of Lot 41, Block 1, Wood River Subdivision Unit 5, a
corner on the present City limit line established by Ordinance No. 17686, dated July 6,
1983, and an outside corner of this tract;
THENCE northwesterly, along the northeast line of said Lot 41, Block 1, Wood River
Subdivision Unit 5 and its northwesterly extension, to its intersection with the east line
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of Lot 2, Block 44, Wood River Subdivision Unit 5, for a corner on the present City limit
line, and the southwest corner of this tract;
THENCE North 17° 06' 15" East, along said present City limit line, the east line of Lot 2,
Block 44, Wood River Subdivision Unit 5, to a point on the south low water line of the
Nueces River, for the POINT OF BEGINNING.
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EXHIBIT E
METES AND BOUNDS
AREA "B", TRACT 4A
A 26.95 acre tract of land, more or less, out of the Herrera Grant North portion and out
of Nueces River Irrigation Park Annex 1, located north of and adjacent to the present
city limit line and east of and adjacent to existing River Hill Drive and more particularly
described as follows;
Beginning at a point, the intersection of the west line of Lot 3, Block 1, Nueces River
Irrigation Park Annex 1, shown on plat of record in Vol. 47, Page 116, Nueces County,
Texas, plat records, and the present city limit line as established by Ordinance No.
16752, dated November 18, 1981, for the southeast corner of the tract here -in
described;
THENCE westerly along the present city limit line, a line 200 feet north of and parallel to
the north right-of-way line of Northwest Boulevard (FM 624), to a point on the southeast
line of a 21.75 acre tract, described in Deed Vol. 2278, Page 755, Nueces County,
Texas, deed records, for a corner on the present city limit line, and an inside corner of
this tract;
THENCE southwesterly, along the southeast line of said 21.75 acre tract and the
present city limit line, to a point on the northeast right-of-way line of existing Riverwood
Drive, for a corner on the present city limit line and an outside corner of this tract;
THENCE westerly, crossing Riverwood Drive along the present city limit line, to a point
on the southwest right-of-way line of said Riverwood Drive, for the easternmost corner
of Lot 1, Nueces River Irrigation Park, Annex 2, shown on plat or record in Vol. 40,
Page 50, Nueces County, Texas, plat records, for a corner on the present city limit line
and an outside corner of this tract;
THENCE northwesterly, along the southwest right-of-way line of said Riverwood Drive,
the present city limit line, to the northeast corner of Lot 2, Nueces River Irrigation Park,
Annex 2, shown on plat of record in Vol. 41, Page 53, Nueces County, Texas plat
records, for a corner on the present city limit line and an inside corner of this tract;
THENCE southerly, along the east line of said Lot 2, to a point 200 feet north of the
north right-of-way line of Northwest Boulevard (FM 624), for a corner on the present city
limit line and an outside corner of this tract;
THENCE westerly, continuing along the present city limit line, a line 200 feet north of
and parallel to the north right-of-way line of said Northwest Boulevard, to a point on the
west line of said Lot 2, Nueces River Irrigation Park, Annex 2, for a corner on the
present city limit line and an outside corner of this tract;
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THENCE northerly, along the west line of said Lot 2 and the present city limit line, to the
northwest corner of said Lot 2 on the southwest right-of-way line of Riverwood Drive, for
a corner on the present city limit line and an inside corner of this tract;
THENCE westerly, along the southwest right-of-way line of said Riverwood Drive and
the present city limit line, to its intersection with the east right-of-way line of River Hill
Drive, the east line of Wood River Subdivision, Unit 1, shown on plat of record in
Vol. 44, Pages 180-182, Nueces County, Texas plat records, for a corner in the present
city limit line and an outside corner of this tract;
THENCE northerly, along the east line of said Wood River Subdivision Unit 1, and the
present city limit line, its curves and its angles, to the southwest corner of River Hill
Subdivision, shown on plat of record in Vol. 15, Page 137, Nueces County, Texas, plat
records, for a corner on the present city limit line and the northwest corner of this tract;
THENCE easterly, along the south line of said River Hill Subdivision and the present
city limit line, to the southeast corner of said River Hill Subdivision, the same being the
northeast corner of the aforementioned 21.75 acre tract, for a corner on the present city
limit line and an outside corner of this tract;
THENCE southerly, leaving the present city limit line and along the east line of said
21.75 acre tract, to a point, for the northwest corner of a 3.29 acre tract, described in
Document No. 1996000385, Nueces County, Texas, deed records, for an inside corner
of this tract;
THENCE easterly, along the north line of said 3.29 acre tract, to the northwest corner of
aforementioned Lot 3, Block 1, Nueces River Irrigation Park, Annex 1, for a corner on
the present city limit line, and the northeast corner of this tract;
THENCE southerly, along the west line of said Lot 3, Block 1, Nueces River Irrigation
Park, Annex 1, to a point 200 feet north of the north right-of-way line of Northwest
Boulevard (FM 624), for the POINT OF BEGINNING.
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EXHIBIT F
METES AND BOUNDS
AREA "B", TRACT 4B
A 7.02 acre tract of land, more or less, out of Nueces River Irrigation Park, Annex 1,
and out of an 8.907 acre tract described in Deed Vol. 2207, Page 411, Nueces County,
Texas, Deed Records, and more particularly described as follows;
BEGINNING at a point, the intersection of the west right-of-way line of County Road 69
(Hazel Bazemore Road) and the present city limit line, established by Ordinance No.
16752, dated November 18, 1981, for the southeast corner of the tract here -in
described;
THENCE westerly, along the present city limit line, a line 200 feet north of and parallel
to the north right-of-way line of Northwest Boulevard (FM 624), to its intersection with
the east line of Lot 4, Block 1, Nueces River Irrigation Park, Annex 1, shown on the plat
of record in Vol. 47, Page 116, Nueces County, Texas plat records, for a corner on the
present city limit line and the southwest corner of this tract;
THENCE northerly, along the east line of said Lot 4, Block 1, Nueces River Irrigation
Park, Annex 1, and continuing along the present city limit line, to the northeast corner of
said Lot 4, for a corner on said present city limit line and the northwest corner of this
tract;
THENCE easterly, leaving the present city limit line, and along the north line of the
aforementioned 8.907 acre tract, to a point on the west right-of-way line of County
Road 69, for the northeast corner of this tract;
THENCE southerly, along said west right-of-way line of County Road 69, to a point 200
feet north of the north right-of-way line of Northwest Boulevard, for the POINT OF
BEGINNING.
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EXHIBIT G
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AREA B - TRACTS 4A & 4B
1999 ANNEXATION PROGRAM 0 250 500
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CITY OF CORPUS CHRISTI
PLANNING DEPARTMENT
Copyright 1999
December 31, 1999
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EXHIBIT H
SERVICE PLAN FOR FOUR TRACTS OF LAND ADJACENT TO THE CITY
LIMITS IN THE VICINITY OF THE WOOD RIVER SUBDIVISION AND
HAZEL BAZEMORE PARK; DESCRIBED IN EXHIBITS A, C, E, AND G OF
THIS ORDINANCE
Upon annexation of the four tracts comprising approximately 90.77 acres of land, the
City of Corpus Christi, will provide city services by any of the methods by which it
extends the services to any other area of the City. The following is the service plan for
the six tracts in accordance with state statutes to provide the newly annexed areas a
uniform level of services.
As these tracts are developed, the City will assume maintenance responsibility of the
infrastructure and improvements implemented in dedicated public rights-of-way within
the tracts, as installed and accepted by the City in accordance with the Platting
Ordinance. Improvements to be constructed include streets, curbs and gutters, water,
drainage and gas service facilities. Items to be provided in the Service Plan for the
annexed property, are as follows:
FOR SERVICES IMMEDIATELY UPON ANNEXATION
1. Police Protection
The City of Corpus Christi, Texas, and its Police Department will provide police
protection to the newly annexed tracts at the same level of service now being provided
to areas of the City of Corpus Christi.
2. Fire Protection And Emergency Medical Service
The City of Corpus Christi, Texas, and its Fire Department will provide fire protection
and emergency medical service to the newly annexed tracts at the same level of
service now being provided to other areas of the City of Corpus Christi, Texas. Further,
the City of Corpus Christi Fire Department and Emergency Medical Service will respond
to all dispatched calls and requests for service or assistance within the newly annexed
area.
3. Solid Waste Collection
The City of Corpus Christi provides solid waste services to residential customers.
Commercial customers may contract with the City or commercial collectors. Upon
annexation the City will provide solid waste services to residential customers in the area
annexed.
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4. Maintenance Of Water And Waste Water Facilities
Any and all water or waste water facilities owned or maintained by the City of Corpus
Christi, Texas, at the time of the proposed annexation shall continue to be maintained
by the City of Corpus Christi, Texas. Any and all water or waste water facilities which
may be acquired subsequent to the annexation of the proposed area shall be
maintained by the City of Corpus Christi, Texas, to the extent of its ownership. The now
existing water line mains at their existing locations shall be available for point of use
extension based upon the current City's standard water extension policies now existing
or as may be amended. Individual septic systems may be acceptable if State
standards are met and approved by the City/County Health Department.
5. Maintenance Of Roads And Streets
Any and all roads, streets or alleyways which are dedicated to the City of Corpus
Christi, Texas, or which are owned by the City of Corpus Christi, Texas, shall be
maintained to the same degree and extent that other roads, streets and alleyways are
maintained in the City. Any and all lighting of roads, streets and alleyways which may
be positioned in a right-of-way, roadway or utility company easement shall be
maintained by the applicable utility company servicing the City of Corpus Christi, Texas,
pursuant to the rules, regulations and fees of such utility. Roads and streets under the
responsibility of the County, will be maintained by the City upon dedication by the
County to the City and City's acceptance of the rights-of-way.
6. Maintenance of Parks, Playgrounds and Swimming Pools
Any park that may be under the responsibility of the County will be maintained by the
City only upon dedication of the park by the County to the City and City's acceptance of
said park. In the event any such parks, playgrounds or swimming pools do exist, and
such parks, playgrounds or public swimming pools are accepted as City owned public
facilities by the City of Corpus Christi, Texas, they will be maintained to the same
extent and degree that parks, playgrounds and swimming pools and other similar areas
of the City of Corpus Christi, Texas are maintained.
7. Maintenance Of Any Publicly Owned Facility, Building Or Municipal Service
The City Council of the City of Corpus Christi, Texas, is not aware of the existence of
any publicly owned facility, building or other municipal service now located in the area
proposed for annexation. In the event any such publicly owned facility, building or
municipal service does exist, is a public facility dedicated to the City of Corpus Christi,
such facilities, buildings or municipal services are accepted by the City of Corpus Christi
and will be maintained to the same extent and degree that publicly owned facilities,
buildings or municipal services of the City of Corpus Christi, Texas are maintained.
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CONSTRUCTION OF ANY CAPITAL IMPROVEMENTS TO BEGIN WITHIN 2 YEARS
1. Police Protection And Fire Protection
The City Council of the City of Corpus Christi, Texas, finds and determines it to be
unnecessary to acquire or construct any capital improvement within 2 1/2 years of the
effective date of the annexation of a particular annexed area for the purposes of
providing fire protection. The City Council finds and determines that it has at the
present time adequate facilities to provide the same type, kind and level of protection
and service which is presently being administered to other areas already incorporated
in the City of Corpus Christi, Texas, with the same or similar topography, land use and
population density.
2. Water And Waste Water Facilities
For the next 2 1/2 years the City Council of the City of Corpus Christi, Texas, finds and
determines that water service or City water mains and wastewater collection lines exist
for points of connection for serviceable extensions to provide service within the area to
be annexed pursuant to the City's standard service extension policies now in existence
or as may be amended by the City Council.
3. Roads And Streets Lighting
Within 2 1/2 years from the date of the annexation of the proposed area, the City of
Corpus Christi, Texas, with a cooperative effort of the City's designated electric utility
franchise company, will undertake to provide the same degree of road and street
lighting as is provided in areas of similar topography, land use and population density
within the present corporate limits of the City of Corpus Christi, Texas. Maintenance of
lighting for properly dedicated roads and streets will be consistent with the maintenance
provided by the City to other roads and streets in areas of similar topography, land use
and sub -development of the annexed property. New development will be required
pursuant to the ordinances of the City of Corpus Christi, Texas, to provide internal and
peripheral streets and to construct those streets in accordance with the specifications
required by the City of Corpus Christi, Texas, for a properly dedicated street.
4. Provision Of Parks, Playgrounds, And Swimming Pools, And Any Other
Publicly Owned Facility, Building Or Service
To the extent that it becomes necessary because of development demands and
population growth, the City Council of the City of Corpus Christi, Texas, will undertake
to provide any such facility which it deems necessary to adequately provide for the
health and safety of the citizens of the newly incorporated area based upon the
standard considerations of comparable service levels provided properties within the City
with similar topography, land use and population density.
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SPECIFIC FINDINGS
The City Council of the City of Corpus Christi, Texas, finds and determines that this
proposed Service Plan will not provide any fewer services, and it will not provide a
lower level of service in the area proposed to be annexed than were in existence in the
proposed area at the time immediately preceding the annexation process.
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