Loading...
HomeMy WebLinkAbout023888 ORD - 12/21/1999AN ORDINANCE ANNEXING TWO TRACTS OF LAND ADJACENT TO THE CITY LIMITS, LOCATED ON MUSTANG AND NORTH PADRE ISLANDS, NORTH OF PARK ROAD 22 AND NORTH AND WEST OF STATE HIGHWAY 361, IN THE VICINITY OF PACKERY CHANNEL; 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 two tracts of land, located on Mustang and North Padre Islands, north of Park Road 22 and north and west of State Highway 361, in the vicinity of Packery Channel, 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, outside, but completely surrounded by, the city limits of the City of Corpus Christi; 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. R92899D2.doc 023888 2 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 outside, but completely surrounded by, the city limits of the City of Corpus Christi is in the public interest. SECTION 2. That a 1,176 acre tract of land, more or less, out of William Bryan Survey, Abstract 44, William Bryan Survey, Abstract 46, State Tracts, 56, 59, and 60, and out of Nicolas and Juan Jose Balli Survey, Abstract 1998, located north of South Padre Island Drive (Park Road 22), and north and west of Highway State 361,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 sixty-two (62) acre tract of land, more or less, out of Nicolas and Juan Jose Balli, Abstract 1998, located northeast of South Padre Island Drive (Park Road 22) and north of and north and west adjacent to State Highway 361, 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 there is approved, as part of this annexation ordinance, a service plan. The service plan, in Exhibit E 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 5. 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 6. 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 7. 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. R92899D2.doc 3 SECTION 8. 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 . This ordinance goes into effect at 12:01 a.m, December 28, 1999. R92899D2.doc That the foregoing or1inan�e was read for the first time and passed to its second reading on this the (� 71� Samuel L. Neal, Jr. Javier D. Colmenero Melody Cooper Henry Garrett Dr. Arnold Gonzales y of December, 1999, by the following vote: Rex A. Kinnison Betty Jean Longoria John Longoria Mark Scott 4 That a/Aregoing ordinance was read for the second time and passed finally on this the bay 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 ATTEST: Armando Chapa City Secretary APPROVED: /8 f< day of December, 1999: James R. Bray, Jr., City Attorney By: Rex A. Kinnison Betty Jean Longoria John Longoria Mark Scott day of December, 1999. T R. J einin Se for Assistant City Attorney R92899D2.doc Samuel L. eal, Jr. Mayor, The City of Corpus C testi 03888 1 EXHIBIT A METES AND BOUNDS AREA "D", TRACT 1 A 1,176 acre tract of land, more or less, out of William Bryan Survey, Abstract 44, William Bryan Survey, Abstract 46, State Tracts, 56, 59, and 60, and out of Nicolas and Juan Jose Balli Survey, Abstract 1998, located north of South Padre Island Drive (Park Road 22), and north and west of Highway State 361, and more particularly described as follows: BEGINNING at a point, the intersection of the east right-of-way line of State Highway 361 and the westerly shoreline of existing Packery Channel, for the southeast corner of the tract herein described; THENCE northerly along the meanders of said westerly shoreline of Packery Channel, to a point on the east line of Padre Island -Corpus Christi No. 1, Section 16, for a point on the southwest line of this tract; THENCE continuing northerly along said east line of Padre Island -Corpus Christi No. 1, Section 16, to a point, for the southeast corner of Nueces County Park No. 2 on the westerly shoreline of Packery Channel, and a point on the southwest line of this tract; THENCE continuing northerly along the meanders of the westerly shoreline of Packery Channel, to a point, the northwest corner of Block 1, Padre Island -Corpus Christi, Section 18, for a corner on the present City limit line and the southwest corner of this tract; THENCE northeasterly along the present City limit line established by Ordinance No. 10007, dated November 18, 1970, the common line between State Tracts 56, 57, 58, 59, 60, and 61, to a point, for the north corner of State Tract 56 and an outside corner of this tract; THENCE southeasterly along the northeast line of State Tract 56, to a point on the west line of William Bryan Survey, Abstract 44, for an inside corner of this tract; THENCE northeasterly along said west line of William Bryan Survey, Abstract 44, to its intersection with the southwest line of Mustang Island State Park, for an outside corner of this tract; THENCE southeasterly along the present City limit line established by Ordinance No. 15415, dated March 19, 1980, the southwest line of Mustang Island State Park, to a point, for an inside corner of Mustang Island State Park and an outside corner of this tract; R92899D2.doc 2 THENCE southwesterly along the present City limit line, the southwest line of Mustang Island State Park, its curves and its angles, to a point on the east right-of-way line of State Highway 361, for an outside corner of this tract; THENCE southwesterly along said east right-of-way line of State Highway 361, its curves and its angles, to its intersection with the westerly shoreline of Packery Channel, for the POINT OF BEGINNING. R92899D2.doc EXHIBIT B ICL Laguna Madre Mustang Island State Park ICL we OCL SEE AREA E Gulf of Mexico AREA D - TRACT 1 1999 ANNEXATION PROGRAM T 0 1000 2000 FEET CITY OF CORPUS CHRISTI PLANNING DEPARTMENT Cryyrpd 1999 Newts 31. 1999 Dos 9Y: ay. 1 EXHIBIT C METES AND BOUNDS AREA "D", TRACT 2 A 62 acre tract of land, more or less, out of Nicolas and Juan Jose Balli, Abstract 1998, located northeast of South Padre Island Drive (Park Road 22) and north and west of and adjacent to State Highway 361, and more particularly described as follows: BEGINNING at a point, the intersection between the southeast right-of-way line of State Highway 361 and the westerly shoreline of existing Packery Channel, for the southeast corner of the tract herein described; THENCE westerly along the southeast right-of-way line of State Highway 361, its curves and its angles, to its intersection with the east right-of-way line of Sand Dollar Avenue, for a point on the present City limit line established by Ordinance No. 16752, dated December 9, 1981 and the southwest corner of this tract; THENCE northerly along the present City limit line, and with the east right-of-way line of Sand Dollar Avenue, to its intersection with the south right-of-way line of Verdemar Drive, for a corner on the present City limit line and the northwest corner of this tract; THENCE easterly along the present City limit line, the south right-of-way line of Verdemar Drive, to its intersection with the west right-of-way line of Playa Del Rey, for a corner on the present City limit line, and an outside corner of this tract; THENCE southeasterly along the present City limit line, the west right-of-way line of Playa Del Rey, to a point on the south line of Padre Island -Corpus Christi, Section 16, for a corner on the present City limit line, and an inside corner of this tract; THENCE easterly along the present City limit line, the south line of Padre Island -Corpus Christi, Section 16, to its southeast corner on the westerly shoreline of Packery Channel, for the northeast corner of this tract; THENCE southerly, leaving the present City limit line, along the meanders of the westerly shoreline of Packery Channel, to its intersection with the east right-of-way line of State Highway 361, for the POINT OF BEGINNING. R92899D2.doc VP OCL 1 cperaPaK 0.' OCL 10 0111 , nOS O'.Sys' WP i In US SIM r ass ICL ems am PADRE .. . / /1' P _- — �� , i ytiP p . l s 1 - OCL a .."7" Ce SEE AREA E 111 11 EXHIBIT D • -� .,. OCL ill AREAD-TRACT2 1999 ANNEXATION PROGRAM i 250 500 Orr OF CORPUS CHRISTI _ ..... PLANNRD EP TMENT •-•te- FEET o.o..er s�, i9aa o.a ay. M 1 EXHIBIT E SERVICE PLAN FOR TWO TRACTS OF LAND ADJACENT TO THE CITY LIMITS, LOCATED ON MUSTANG AND NORTH PADRE ISLANDS, NORTH OF PARK ROAD 22 AND NORTH AND WEST OF STATE HIGHWAY 361, IN THE VICINITY OF PACKERY CHANNEL; DESCRIBED IN EXHIBITS A AND C OF THIS ORDINANCE Upon annexation of the two tracts comprising approximately 1,238 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. R92899D2.doc 2 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. R92899D2.doc 3 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. R92899D2.doc 4 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. R92899D2.doc