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HomeMy WebLinkAbout023887 ORD - 12/21/1999AN ORDINANCE ANNEXING ONE TRACT OF LAND ADJACENT TO THE CITY LIMITS, LOCATED BETWEEN I.H. 37 AND THE NUECES RIVER; 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 one tract of land, located between I.H. 37 and the Nueces River, 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, 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. That a 73 acre tract of land, more or less, out of Gregorio Farias Abstract No. 592, located north of and adjacent to existing Zamora Street and east of I. H. 37, is R92899C2.doc 2 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 2. That there is approved, as part of this annexation ordinance, a service plan. The service plan, in Exhibit C 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. SECTION 3. 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 4. 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 5. 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 6. 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 7. This ordinance goes into effect at 12:01 a.m, December 28, 1999. R92899C2.doc That the foregoing orclinartQe was read for the first time and passed to its second reading on this the (L�-'f'ay of December, 1999, by the following vote: Samuel L. Neal, Jr. Rex A. Kinnison Javier D. Colmenero Betty Jean Longoria MelodyCooper P �� : John Longoria Henry Garrett II ! Mark Scott Dr. Arnold Gonzales NA: That he4pregoing ordinance was re d for the second time and passed finally on this the ''' day of December, 1999 by the following vote: % Samuel L. Neal, Jr. �(�1.,t., -L --/ Rex A. Kinnison l/��C�` Javier D. Colmenero LU Betty Jean Longoria l IA J Melody Cooper Rif f�.�' �K.. John Longoria (�, Henry Garrett 1.,t-1 Mark Scott Dr. Arnold Gonzales PASSED AND APPROVED, this the 3 ATTEST: / �Ift far uday of December, 1999. Armando Chapa Samuel L. 'e'al, Jr. City Secretary Mayor, The City of Corpus Chr APPROVED: /04" day of December, 1999: James R. Bray, Jr., City Attorney By: R. Jp' F'eining Senior Assistant City Attorney R92899C2.doc 023S87 1 EXHIBIT A METES AND BOUNDS AREA "C" A 73 acre tract of land, more or less, out of Gregorio Farias Abstract No. 592, located north of and adjacent to existing Zamora Street and east of I. H. 37 and more particularly described as follows: BEGINNING at a point, the intersection of the north right-of-way line of existing Zamora Street and the east right-of-way line of existing Sharpsburg Road, for the southwest corner of the tract herein described; THENCE northerly along the east right-of-way line of existing Sharpsburg Road, to its intersection with the westerly extension of the north right-of-way line of existing Rio Vista Drive, for the point of curvature of a curve to the right whose radius = 3,709.7186 feet, chord distance = 786.717 feet, and chord bearing = South 10° 11' 37.41" East, and a point on the west line of this tract; THENCE continuing northerly along the present City limit line established by Ordinance No. 21974, dated June 28, 1994, and said curve to the right, an arc distance of 535 feet, more or less, to its point of tangency; THENCE North 04° 06' 25" West along said present City limit line, 295.38 feet, more or less, for an inside corner of this tract; THENCE North 86° 44' 00" West along the present City limit line, the north right-of-way line of existing Sharpsburg Road, 60 feet, more or less, to a point on the present east right-of-way line of the Missouri -Pacific Railroad, for an outside corner of this tract; THENCE northerly along the present City limit line, the present east right-of-way line of the Missouri -Pacific railroad, its curves and its angles, to its intersection with the westerly extension of the south line of Lot 17 of the now vacated Calallen Irrigation Gardens as shown on Plat of Record in Volume T, Page 159, Nueces County, Texas Plat Records for the northwest corner of this tract; THENCE easterly along the south line common to Lots 17, 22, and 57, Calallen Irrigation Gardens, to a point on the west right-of-way line of existing River Lane, for the northeast corner of this tract; THENCE South 11° 14' 00" West, with the west right-of-way line of 40 -foot wide River Lane, 716 feet, more or less, to a point on the north line of Block 1, Rio Vista Subdivision, for an outside corner of this tract; THENCE North 78° 46' 00" West, with said north boundary line of Block 1, Rio Vista Subdivision, 95 feet, more or less, for the northwest corner of said Block 1 and an R92899C2.doc 2 inside corner of this tract; THENCE South 11° 14" 00" West, with the west line of said Block 1, Rio Vista Subdivision, 910 feet, more or less, to the point of curvature of a curve to the left whose central angle = 90°, radius = 20 feet, tangent = 20 feet, and arc length = 31.42 feet; THENCE easterly with said curve to the left, 31.42 feet, more or less, to its point of tangency; THENCE South 78° 46' 00" East with the south line of said Block 1, Rio Vista Subdivision, 75 feet for a corner of this tract; THENCE South 11° 14' 00" West, 50 feet to the north line of Block 2, Rio Vista Subdivision, for a corner of this tract; THENCE North 78° 46' 00" West, with the north line of said Block 2, Rio Vista Subdivision, 75 feet, more or less, for the point of curvature of a curve to the left whose central angle = 90°, radius = 20 feet, tangent = 20 feet, and arc length = 31.42 feet, THENCE southerly with said curve to the left, 32 feet, more or less, to its point of tangency; THENCE South 11° 14' 00" West with the west line of said Block 2, Rio Vista Subdivision, 445 feet, more or less, for the point of curvature of a curve to the left whose central angle = 90°, radius = 20 feet, tangent = 20 feet and arc length = 31.42 feet; THENCE easterly with said curve to the left, 31.42 feet, more or less, to its point of tangency on the north right-of-way line of Zamora Street, for the southeast corner of this tract; THENCE North 78° 22' 51" West with the north right-of-way line of said Zamora Street, to its intersection with the east right-of-way line of Sharpsburg Road, for the POINT OF BEGINNING. R92899C2.doc CL EXHIBIT B AREA C - TRACT 1 1999 ANNEXATION PROGRAM crrr OF CORPUS MST! FLAMING OEPART►ENT **yin ins Mende 31. 1.» a, W. CV. 1 EXHIBIT C SERVICE PLAN FOR ONE TRACT OF LAND ADJACENT TO THE CITY LIMITS, LOCATED BETWEEN I.H. 37 AND THE NUECES RIVER; DESCRIBED IN EXHIBIT A OF THIS ORDINANCE Upon annexation of the one tract comprising approximately 73 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. 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 R92899C2.doc 2 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. 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 R92899G2.doc 3 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. 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. R92899C2.doc