HomeMy WebLinkAbout024695 ORD - 12/11/2001
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AN ORDINANCE
ANNEXING AREA D, A 919.17 ACRE AREA IN THE VICINITY OF
MUSTANG ISLAND, SOUTHEAST OF THE CORPUS CHRISTI SHIP
CHANNEL, BETWEEN THE CITY LIMITS OF THE CITY OF CORPUS
CHRISTI AND THE WEST CITY LIMITS OF THE CITY OF PORT
ARANSAS, CONTIGUOUS TO THE CITY LIMITS OF THE CITY OF
CORPUS CHRISTI; PROVIDING FOR A SERVICE PLAN FOR THE
ANNEXED AREA 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 to the City a Tract herein called
Area D which contains 919,17 acres, more or less, of land In the vicinity of Mustang
Island, and southeast of the Corpus Christi ship channel, between the city limits of the
City of Corpus Christi and city limits of the City of Port Aransas, Nueces County, Texas;
WHEREAS, on October 16th, 2001, a public hearing was held by the City Council,
during a regularly scheduled City Council meeting held in the Council Chambers, at City
Hall, in the City of Corpus Christi; and on October 22nd, 2001, a second public hearing
was held by the City Council, during a special scheduled City Council meeting held in
the Grand Ball Room of the Port Royal Ocean Resort on Mustang Island which is within
another area also proposed for annexation;
WHEREAS, before each hearing, the City published in a newspaper of general
circulation in the City of Corpus Christi, and posted on the City's internet website, a
notice of each hearing; and each hearing was held for the consideration of annexation
proceedings and the service plan for the defined lands and territory; and during each
hearing 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 the public hearings on October 161h and October
22nd 2001'
, ,
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;
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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 an Area herein called Area D, a 919,17 Acre Tract, more or less, out
of the Issac W, Boone survey, A-43, the Edward Hall survey, A-160, the Wm, Little
survey, A-214, and out of state tracts No, 330,480,483,484, and 485, located
southeast of the Corpus Christi ship channel, between the city limits of the City of
Corpus Christi and city limits of the City of Port Aransas, Nueces County, Texas, is
annexed to, brought within the corporate limits, and made an integral part of the City of
Corpus Christi. The Area is also described by metes and bounds in Exhibit A and by a
map in Exhibit B attached to this ordinance and which are incorporated herein by
reference,
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 the 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 topography, land uses and population
densities similar to those reasonably 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
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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 31,2001,
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That the foregoing ordinance was read for the first time and passed to its second
reading on this the 20th day of November, 2001, by the following vote:
Samuel L. Neal, Jr. 1;; Rex A. Kinnison ~
Brent Chesney John Longoria
Javier D, Colmenero
Jesse Noyola
Mark Scott
Henry Garrett
William Kelly
That the foregoing ordinance was read for the second time and passed finally on this
the 11th day of December, 2001, by the following vote:
Samuel L. Neal, Jr.
Mark Scott
Rex A. Kinnison
Brent Chesney
John Longoria
Jesse Noyola
Javier D, Colmenero
Henry Garrett
William Kelly
PASSED AND APPROVED, this the nth day of December, 2001.
ATTE~
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Armando Chapa () ------
City Secretary
4J_'~
' Samuel ,Neal, Jr.
Mayor, The City of Corpus Christi
APPROVED AS TO LEGAL FORM November 15, 2001
James R. Bray, Jr.,
City Atto
By:
, urtis
ssistant City Attorney
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EXHIBIT A
METES AND BOUNDS FOR
WATER AREA WEST OF PORT ARANSAS,
AREA D
919,17 Acres, more or less, out of the Issac W. Boone survey, A-43, the Edward Hall
survey, A-160, the Wm, Little survey, A-214 and out of state tracts No. 330, 480, 483,
484, and 485, located southeast of the Corpus Christi ship channel, between the city
limits of the City of Corpus Christi and city limits of the City of Port Aransas, Nueces
County, Texas, and more particularly described by metes and bounds as follows;
BEGINNING AT A POINT, the intersection of the northeast margin of a 100 foot wide
waterway designated Piper Channel and the present city limit line of the City of Corpus
Christi established by Ord, No. 18153, dated 3-28-84, a line that is both 5000 feet south
of and parallel to the centerline of the Corpus Christi ship channel, for a corner in the
present city limit line of the city of Corpus Christi, and the northernmost corner of the
tract here-in described;
THENCE south 120 24' east along the northeasterly margin of Piper Channel, the
present city limit line of the City of Port Aransas established by Ord, No, 85-4, dated 1-
15-85, 1625 feet, more or less, to a bend point, for an inside corner of this tract;
THENCE south 550 21' 20" east continuing along the northeasterly margin of Piper
Channel and the city limit line of the City of Port Aransas, 3,483.92 feet, more or less, to
a point on the northwest boundary line of the Issac W, Boone survey, A-43, for a point
on the northwest margin of Bahia Channel and the easternmost corner of this tract:
THENCE south 37041' 06" west continuing along the present city limit line of the City of
Port Aransas, and with the northwest boundary line of the Issac W. Boone survey, A-43,
2117.07 feet, more or less, to the west corner of Island Moorings unit 5, for an inside
corner of this tract;
THENCE south 55021' 20" east continuing along the present city limit line of the City of
Port Aransas, the southwest boundary line of said Island Moorings unit 5, 1091.46 feet,
more or less, to a point, for an easterly outside corner of this tract;
THENCE south 360 10' 10" west continuing along the present city limit of the city of Port
Aransas, 3,852.78 feet, more or less, to a point, for a southeasterly outside corner of
this tract:
THENCE north 53049' 50" west, continuing along the present city limit line of the City of
Port Aransas; 450,00 feet, more or less, to a point on southeast boundary line of the
Wm, Little survey, A-214, for a southerly inside corner of this tract;
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EXHIBIT A (CONTINUED)
THENCE south 37041' 06" west, along the southeast boundary line of said Wm, Little
survey, A-214, 870,00 feet, more or less, to its south corner there-of, for a corner in the
present city limit line of the City of Corpus Christi established by Ord, No, 20039, dated
10-27-87, and the southernmost corner of this tract,
THENCE northwesterly along the present city limit line of the City of Corpus Christi, the
southwest boundary line of the Wm. Little survey, A-214, to its west corner thereof, for a
corner in said present city limit line and a westerly outside corner of this tract;
THENCE northeasterly continuing along the present city limit line of the City of Corpus
Christi, the northwest boundary line of the Wm, Little survey, A-214, to its intersection
with the line common to state tracts No. 330, 484 and 485, and state tracts No, 347,
384, and 385, for a corner in said present city limit line and an inside corner of this tract;
THENCE northwesterly along said common line, continuing with the present city limit
line of the City of Corpus Christi, to a point on a line that is both 5000 feet south of and
parallel to the centerline of the Corpus Christi ship channel, for a corner in the present
city limit line of the City of Corpus Christi, and the westernmost corner of this tract;
THENCE southeasterly continuing along the present city limit line of the City of Corpus
Christi, a line that is both 5000 feet south of and parallel the centerline of the Corpus
Christi ship channel, to its intersection with the northeasterly margin of 100 foot wide
Piper Channel, for the POINT OF BEGINNING.
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EXHIBIT B
CORPUS
CHRISTI
BAY
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2000 ANNEXATION
PROGRAM
CITY OF CORPUS CHRISTI
ANNEXATION AREA "D"
GULF OF/MEXICO
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EXHIBIT C
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Service Plan for
Bay and Gulf Water
Areas D and E
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EXHIBIT C
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Attachment V:
Service Plan for Bay and Gulf Water Areas D and E
A. INTRODUCTION
The City Council of the City of Corpus Christi, Texas, finds and determines that this
Service Plan will not provide any fewer services or a lower level of service in the
annexation areas than were in existence in the annexation areas at the time immediately
preceding the annexation process, The service plan will provide the annexed areas with a
level of service, infrastructure, and infrastructure maintenance that is comparable to the
level of services, infrastructure, and infrastructure maintenance available in other part of
the municipality with topography, land use, and population density similar to those
reasonably contemplated or projected in the area,
Upon annexation of Area D and Area E, 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, Owners andlor developers of properties in the annexation areas
must comply with State law as well as City zoning, platting, building code, flood
hazard prevention and all other code requirements,
B. CITY SERVICES TO BE PROVIDED IMMEDIATELY UPON ANNEXATION
1. Police Protection
The City of Corpus Christi, Texas, and its Police Department will provide police
protection to the newly annexed areas at the same level of service now being
provided to areas of the City of Corpus Christi, Texas, with similar topography,
land use and population density.
2. Fire Protection/Emergency Medical Services
The City of Corpus Christi, Texas, and its Fire Department will provide fire protection
and ambulance service to the newly annexed tract at the same level of service now being
provided to other areas of the City of Corpus Christi, Texas, with similar topography,
land use and population density,
3. Solid Waste Collection
After the effective date of annexation the City of Corpus Christi will provide solid
waste services to single family residential customers directly or indirectly through
a third party contract.
4. Operation and Maintenance of Water and Waste Water Facilities
Any and all water or wastewater facilities owned or maintained by the City of Corpus
Christi, Texas, at the time of the proposed annexation shall continue to be maintained by
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EXHIBIT C
Page 10 of12
the City of Corpus Christi, Texas. Any and all water or wastewater facilities which may
be acquired subsequent to the annexation of the proposed area shall be maintained by the
City of Corpus Christi, Texas. Any and all water or wastewater facilities which may be
the property of another municipality or other entities after the annexation shall continue
to be maintained by the municipality or entity, Existing water line mains at their current
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 are not permitted in the annexation areas and will not be approved by the
CitylCounty Health Department or by the Texas Natural Resources Conservation
Commission. Regarding existing residences served by private sewage septic systems, the
City does not maintain private sewage septic systems.
5. Operations and Maintenance of Roads and Streets
The City will maintain public streets over which the City has jurisdiction, Any and
all roads, streets or alleyways which are dedicated to and accepted by 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 the utility.
The Traffic Engineering Division of the Engineering Services Department will also
provide regulatory signage services in the annexation area, All regulatory signs
and signals are installed when warranted following an engineering study, All
roadways are re-striped and remarked and signage replaced as needed,
6. Operation and 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
the park. In the event any 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. Operation and 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 annexation area. In the event any publicly owned facility, building
or municipal service is dedicated to and accepted by the City of Corpus Christi,
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EXHIBIT C
Page 11 of 12
the facility, building or municipal service 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,
C. CITY SERVICES PROVIDED THROUGH THE ACQUISITION AND/OR
CAPITAL IMPROVEMENT PROCESS WITHIN 2-1/2 YEARS FROM THE DATE
OF ANNEXATION
1. Police Protection
No capital improvements are necessary at this time to provide police 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. Fire Protection/Emergency Medical Services
No capital improvements are necessary at this time to provide 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,
3. Water and Wastewater Facilities
The City Council of the City of Corpus Christi, Texas, finds and determines that
water mains and wastewater collection lines exist within city limits which may be
extended 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.
4. Street Extensions and Street Lighting
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.
Upon the effective date of 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
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EXHIBIT C
Pag'e 12 of 12
density within the present corporate limits of the City of Corpus Christi, Texas.
Maintenance of lighting for roads and streets which are properly dedicated to and
accepted by the City of Corpus Christi will be consistent with the maintenance
provided by the City to other roads and streets in areas of topography, land use
and population density similar to the annexed property.
D. SPECIFIC FINDINGS
The City of Corpus Christi will provide services to the newly annexed area in a
manner that is similar in type, kind, quantity, and quality to service presently
enjoyed by the citizens of the City of Corpus Christi, Texas, who reside in areas
of similar topography, land utilization and population density,
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Doc.. 2001054653
CERTIFICATE
THE STATE OF TEXAS 9
COUNTY OF NUECES 9
I, the undersigned City Secretary of the City of Corpus Christi, Texas, so certify that
the following is a true and correct copy of Ordinance No, 024695 passed and approved by
the City Council on December 11, 2001, as same appears in the Official Records of the
City of Corpus Christi, Texas, of which the City Secretary's Office is the lawful custodian.
WITNESSETH MY HAND and the Official Seal of the City of Corpus Christi, Texas,
this 17th day of December, 2001,
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City Secretary
Corpus Christi, Texas
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Page 12 of 12
density within the present corporate limits of the City of Corpus Christi, Texas.
Maintenance of lighting for roads and streets whic~ are properly dedicated to and
accepted by the City of Corpus Christi will be ccnsistent with the maintenance
provided by the City to other roads and streets in areas of topography, land use
and population density similar to the annexed procer.y.
D. SPECIFIC FINDINGS
The City of Corpus Christi will provide services to the newly annexed area in a
manner that is similar in type, kind, quantity, ar.d quality to service presently
enjoyed by the citizens of the City of Corpus Christi, Texas, who reside in areas
of similar topography, land utilization and populaticn density.
,
Pod 2001054653
. Pages 13
Date: 12/21/01 12:47:40 Pft
Filed & Rec01'1led in
Official Records of
HCES ClDITY
ERNEST ". BRIONES
COUNTY ClERK
Fees $33.00
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STATE OF TEXAS
COUNTY OF NUECES
I ~'"by C'rtI1y that thla Inafl\l
SeqUI/IC. on the date and alth. =' was FILED In File NUmber
;aa duly RECORDED. In th. OfflcJaIS~~ ~""n by me, and
e~;~.-
~ COUNTY CLERK
NUECES COUNTY, TEXAS
:rr::~~~~~~wmSb'he Sale, nental or us.
lIiIillltl~ Slot. Hamil eeause of Race COlo'
IlW8/ilI IIlCl I cI/I, Familial Slalus or Nalional Origin i;
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FiNMjCE OE:PARj'>';-',
li...,1i
PUBLISHER'S AFFIDAVIT
01 DEe 20 PH 2: 03
State of Texas }
County of Nueces } ss:
CITY OF CORPUS CHRISTI
Ad # 4036939
PO #
Before me, the undersigned, a Notary Public, this day personally came Eugenia
Cortez, who being first duly sworn, according to law, says that she is Customer
Service Manager of the Corpus Christi Caller-Times, a daily newspaper
published at Corpus Christi in said City and State, generally circulated in
Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg,
Live Oak, Nueces, Refugio, San Patricio, Victoria and Webb Counties, and that
the publication of, NOTICE OF PASSAGE OF ORDINANCE NO, which the
-~
annexed is a true copy, was inserted in the Corpus Christi Caller-Times and on
the World Wide Web on the Caller-Times Interactive on the 17TH day(s) of
DECEMBER. 2001.
()V'Ct. 1\10, O~ Q0Qo
TWO (2 ) Time(s)
~4 g (I~
Credit ustomer Service Manager
$115,76
Subscribed and sworn to me on the date of
DECEMBER 18. 2001.
6?C10/ll ~ ~
Notary Public, Nueces County, Texas
ROSA MARIA FLORES
Print or Type Name of Notary Public
My commission expires on 04/23/05,
-
Decem~r17, 2001
0Ilrtsti Caller. Times, Mondav.
D1Cl1Corpus
~~~:~1
024695 Ordinance
annexing Area 0, a
918.17 acre area in the
vicinity of Mosta'lQ
leland, southeast of the
Corpus Christl Srill>
Chonne/, between lhe
city limits 0/ !he CII!t,Of
COtpus Cri"-ti anQ-IIIe
- clly IImlls or lhe
CIIy of Port AnInooI,
'I -guous to 1110 city
IinitO of the CItY Of
90rpus Chr(su;
_log lor Il 88Mlo
, pion for !he _lid
area of land; Providfng
that the OWners and
inhabitants are entitled
to all righls, p~.
and burdens of. other
-.. and property
OWners of file City of
Corpus Chtltni
area sttlject to and
boun~ by theCIly
Charter, ordinancee.
resolutions and rules;
providing for
amendment of the
ot!iofe/mllpSofthaCity
of Corpus Chri8li, alld
prOViding for an
I effective"., date of
~ aI, l!OOl a'
1.0,1 a.m. .
This ordinance was
fU',SSed and approved
bY the City Couiicll 0
'lhe ,City of Corpu
~r/etf on Decembe
1,..,.
101 Armando C
~ Secreta
C'!Y of Coipu,i Chri8li
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