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
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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.
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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
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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
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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
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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.
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EXHIBIT B
AREA C - TRACT 1
1999 ANNEXATION PROGRAM
crrr OF CORPUS MST!
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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
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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
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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.
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