HomeMy WebLinkAbout023889 ORD - 12/21/1999AN ORDINANCE
ANNEXING THREE TRACTS OF LAND ADJACENT TO THE CITY LIMITS,
LOCATED ON MUSTANG AND NORTH PADRE ISLANDS, EAST OF
STATE HIGHWAY 361 AND PARK ROAD 22, IN THE VICINITY OF
PACKERY CHANNEL AND LAKE PADRE SUBDIVISION; 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 three tracts of land, located on
Mustang and North Padre Islands, east of State Highway 361 and Park Road 22, in the
vicinity of Packery Channel and Lake Padre Subdivision, 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
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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
outside, but completely surrounded by, the city limits of the City of Corpus Christi is in
the public interest.
SECTION 2. That a 290 acre tract of land, more or less, out of William Bryan Survey,
Abstract 45 and Nicolas and Juan Jose Balli Survey, Abstract 1998, located between
State Highway 361 and the Gulf of Mexico and south of an adjacent to a 280 acre tract,
more or less, now or formerly owned by Nueces County, described in Document No.
888926, 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 413 acre tract of land, more or less, out of Nicolas and Juan Jose
Balli, Abstract 1998, located south of State Highway 361, and east of South Padre
Island drive (Park Road 22), 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 14.5 acre tract of land, more or less, being all of Block 31, Padre
Island No. 1 and its surrounding streets, located east of South Padre Island Drive (Park
Road 22) and north of and adjacent to Nueces County Park No. 1 (Balli Park), 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 F of this ordinance.
SECTION 5. That there is approved, as part of this annexation ordinance, a service
plan. The service plan, in Exhibit I 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 6. 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.
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SECTION 7. 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 8. 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 9. 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 10. This ordinance goes into effect at 12:01 a.m, December 28, 1999.
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That the foregoing or i �nje`drawas read for the first time and passed to its second
reading on this the T y 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 the foregoing ordinance was read for the second time and passed finally on this
the PATtelay of December, 1999 by the following vote:
Samuel L. Neal, Jr.
Javier D. Colmenero
Melody Cooper
Henry Garrett
Dr. Arnold Gonzales
:lam .�
PASSED AND APPROVED, this the
Rex A. Kinnison
Betty Jean Longoria
John Longoria
Mark Scott
day of December, 1999.
Armando Chapa
City Secretary
APPROVED: /0z4 day of December, 1999:
James R. Bra , Jr., City Att•rney
By:
R. J . ' eining
Senior Assista City Attorney
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Samuel L. (Veal, Jr.
Mayor, The City of Corpus hristi
023889
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EXHIBIT A
METES AND BOUNDS
AREA "E", TRACT 1
A 290 acre tract of land, more or less, out of William Bryan Survey, Abstract 45 and
Nicolas and Juan Jose Balli Survey, Abstract 1998, located between State Highway
361 and the Gulf of Mexico and south of an adjacent to a 280 acre tract, more or less,
now or formerly owned by Nueces County, described in Document No. 888926, Nueces
County Deed Records, said 298 acre tract, more or less, more particularly described as
follows:
BEGINNING at the west corner of said 280 acre tract, more or less, a point on the
southeast right-of-way line of existing State Highway 361, for the north corner of the
tract herein described;
THENCE southeasterly along the southwest line of said 280 acre tract, more or less, to
a point on the vegetation line, for the east corner of this tract;
THENCE southwesterly, along said vegetation line, to a point on the southwest line of a
137.73 acre tract, now or formerly owned by Eric C. Lower, described in Document No.
956588, Nueces County Deed Records, for an inside corner of this tract;
THENCE southeasterly, along the southwest line of said 137.73 acre tract, to a point on
the present city limit line, established by Ordinance No. 15415, dated March 19, 1980,
for a point on the shoreline of the Gulf of Mexico and an outside corner of this tract;
THENCE southwesterly along said present City limit line, to its intersection with the
easterly extension of the northeast line of a 224.923 acre tract, more or less, now or
formerly owned by Gulfshores Joint Venture, described in Document No. 943742,
Nueces County Deed Records, for the south corner of this tract;
THENCE westerly with said northeast line of the 224.923 acre tract, more or less, to a
point of deflection on said northeast line, for an inside corner of said 224.923 acre tract,
more or less, and an outside corner of this tract;
THENCE northwesterly, continuing along said northeast line of the 224.923 acre tract,
more or less, to a point on the southeast right-of-way line of existing State Highway 361
for the west corner of this tract;
THENCE northeasterly along said southeast right-of-way line of existing State Highway
361, its curves and its angles, to the west corner of said 280 acre tract, more or less, for
the POINT OF BEGINNING.
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EXHIBIT B
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EXHIBIT C
METES AND BOUNDS
AREA "E", TRACT 2
A 413 acre tract of land, more or less, out of Nicolas and Juan Jose Balli, Abstract
1998, located south of State Highway 361, and east of South Padre Island drive (Park
Road 22), and more particularly described as follows:
BEGINNING at a point, the intersection of the southeast right-of-way line of existing
State Highway 361 and the northeast line of 224.923 acre tract, more or less, now or
formerly owned by Gulfshores Joint Venture, described in Document No. 943742,
Nueces County Deed Records, for north corner of said 224.923 acre tract, more or less,
and the north corner of the tract herein described;
THENCE easterly along the northeast line of said 224.923 acre tract, more or less, to a
point of deflection on said northeast line, for an inside corner of said 224.923 acre tract,
more or less, and an inside corner of this tract;
THENCE continuing easterly along said northeast line of the 224.923 acre tract, more
or less, and its easterly extension, to a point on the present City limit line established by
Ordinance No. 15415, dated March 19, 1980, for a point on the shoreline of the Gulf of
Mexico and the northeast corner of this tract;
THENCE southerly along said present City limit line, to its intersection with the easterly
extension of the north line of Lot 1A, Block 45, Padre Island -Corpus Christi, Section A,
for a corner on the present City limit line and an outside corner of this tract;
THENCE northwesterly along the present City limit line, the north line of said Lot 1A,
Block 45, Padre Island -Corpus Christi, Section A, to its intersection with the northerly
extension of the east right-of-way line of existing Windward Drive, for a corner on the
present City limit line and an inside corner of this tract;
THENCE westerly and southerly around Padre Island -Corpus Christi, Sections B, C, D,
and E, and along the present City limit line established by Ordinance No. 16752 dated
November 18, 1981 and Ordinance No. 20647 dated April 11, 1989, its curves and its
angles, to a point on the original north right-of-way line of Whitecap Boulevard, for an
outside corner of this tract;
THENCE westerly along said present City limit line, the north R.O.W. line of said
original Whitecap Blvd., its curves and its angles, to its intersection with the boundary
line of Padre Island -Corpus Christi, Cane Harbor Bay Subdivision, for a corner on the
present City limit line and an outside corner of this tract;
THENCE northerly, westerly, and southerly, around Padre Island -Corpus Christi, Cane
Harbor Bay Subdivision, and along the present City limit line established by Ordinance
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No. 17790 dated July 17, 1983, to a point on the original north right-of-way line of
Whitecap Boulevard, for a corner in the present City limit line and an outside corner of
this tract;
THENCE westerly along said present City limit line, the north right-of-way line of said
original Whitecap Blvd., to a point on the east right-of-way line of Crowsnest Avenue,
for a corner on the present City limit line and an outside corner of this tract;
THENCE northerly along said east right-of-way line of Crowsnest Avenue, the present
City limit line, to a point on the north right-of-way line of Isabel Drive, for a corner on
said present City limit line and an inside corner of this tract;
THENCE westerly along said north right-of-way line of Isabel Drive, the present City
limit line, to a point on the east right-of-way line of South Padre Island Drive (Park Road
22), for a corner on said present City limit line, and an outside corner of this tract;
THENCE northerly along said present City limit line, the east right-of-way line of South
Padre Island Drive (Park Road 22), to the southwest corner of Lot 3A, Block 26, Padre
Island No. 1, for a corner on said present City limit line and an outside corner of this
tract;
THENCE easterly along the present City limit line, the south line of said Lot 3A,
Block 26, Padre Island No. 1, to its southeast corner, for a corner on said present City
limit line and an inside corner of this tract;
THENCE northerly along the present City limit line, the common east line of Lots 1A,
2A, and 3A, Block 26, Padre Island No. 1, to a point on the south right-of-way line of
Pirata Drive, for a corner on said present City limit line, and an outside corner of this
tract;
THENCE easterly along the present City limit line, the south right-of-way line of Pirata
Drive, to a point on the east right-of-way line of Sand Dollar Avenue, for a corner on
said present City limit line, and an inside corner of this tract;
THENCE northerly along the present City limit line, the east right-of-way of Sand Dollar
Avenue, to a point on the southeast right-of-way line of State Highway 361 for an
outside corner of this tract;
THENCE northeasterly, leaving the present City limit line, along said southeast right-of-
way line of State Highway 361, its curves and its angles, to its intersection with the
northeast line of said 224.923 acre tract, more or less, for the POINT OF BEGINNING.
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EXHIBIT E
METES AND BOUNDS
AREA "E", TRACT 3
A 14.5 acre tract of land, more or less, being all of Block 31, Padre Island No. 1 and its
surrounding streets, located east of South Padre Island Drive (Park Road 22) and north
of and adjacent to Nueces County Park No. 1 (Balli Park), and more particularly
described as follows:
BEGINNING ata point, the intersection of the north right-of-way line of Corrientes Drive
and the east right-of-way line of Crowsnest Avenue, for a corner on the present City
limit line established by Ordinance No. 19592, dated December 30, 1986, and the
northwest corner of the tract herein described;
THENCE easterly along said present City limit line, the north right-of-way line of
Corrientes Drive, its curves and its angles, to its intersection with the east right-of-way
line of Aldama Drive, to a point;
THENCE southerly continuing along said present City limit line, the east right-of-way
line of Aldama Drive, its curves and its angles, to a point on the south right-of-way line
of Viento Del Mar Drive, for a corner on the present City limit line, and the southeast
corner of this tract;
THENCE westerly, leaving the present City limit line, along the south right-of-way line of
Viento Del Mar Drive, to a point on the east right-of-way line of Crowsnest Avenue, for a
corner on said present City limit line and the southwest corner of this tract;
THENCE northerly along said present City limit line, the east right-of-way line of
Crowsnest Avenue, to its intersection with the north right-of-way line of Corrientes
Drive, for the POINT OF BEGINNING.
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EXHIBIT G
SERVICE PLAN FOR THREE TRACTS OF LAND ADJACENT TO THE
CITY LIMITS, LOCATED ON MUSTANG AND NORTH PADRE ISLANDS,
EAST OF STATE HIGHWAY 361 AND PARK ROAD 22, IN THE VICINITY
OF PACKERY CHANNEL AND LAKE PADRE SUBDIVISION; DESCRIBED
IN EXHIBITS A, C, AND E OF THIS ORDINANCE
Upon annexation of the three tracts comprising approximately 717.5 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, other than beach cleaning and life guard services. 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. Upon annexation, beach
cleaning and life guard services will be provided by the City either through contract or
with City forces.
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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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