HomeMy WebLinkAbout026502 ORD - 10/11/2005
ORDINANCE
PROVIDING FOR THE CESSION BY THE CITY OF CORPUS
CHRISTI TO THE CITY OF PORTLAND OF ALL ANNEXATION
RIGHTS AND POLICE POWERS OVER AND IN CERTAIN
TRACTS OF LAND, BY MUTUAL AGREEMENT, MARKED
EXHIBIT "A"; PROVIDING FOR PUBLICATION; PROVIDING
FOR SEVERABILITY; AND DECLARING AN EMERGENCY.
WHEREAS, the City of Portland, a municipal corporation having a
population of five thousand or more but less than twenty-five thousand
Inhabitants, has an extraterritorial jurisdiction consisting of all contiguous
unincorporated area, not a part of any other city or the extraterritorial jurisdiction
of any other city, within one mile of its corporate limits;
WHEREAS, the City of Corpus Christi, a municipal corporation having a
population of one hundred thousand or more inhabitants, has an extraterritorial
Jurisdiction consisting of all contiguous unincorporated area, not a part of any
other city or the extraterritorial jurisdiction of any other city, within five miles of its
corporate limits;
WHEREAS, on August 23,1963 the area within one mile of the then city
limits of the City of Portland and the area within five miles of the then city limits of
the City of Corpus Christi was an area of overlapping jurisdiction between the
City of Corpus Christi and the City of Portland:
WHEREAS, The City of Corpus Christi, on February 22, 1968, contracted
With the City of Portland to cede to the City of Portland for a period of ten years
all such areas of overlapping jurisdiction as they existed in 1963;
WHEREAS, during such ten-year period, the City of Portland annexed
most of its one-mile area of overlapping jurisdiction;
WHEREAS, the City of Corpus Christi, on May 25, 1982, contracted with
the City of Portland to cede to the City of Portland additional areas of overlapping
Jurisdiction within one mile of the then existing and presently existing city limits of
the City of Portland and not within one-half mile of the City of Gregory and an
area lying generally north of the City of Portland, such areas being more
particularly described In the contract dated May 25, 1982, reference to which is
here made:
WHEREAS, The City of Corpus Christi, on August 2, 1983, contracted
with the City of Portland to cede to the City of Portland additional areas of
overlapping jurisdiction within one mile of the then existing and presently existing
city limits of the City of Portland and not within one-half mile of the City of
Gregory, an area lying generally northeast of U.S, Highway 181, such area being
more particularly described in the contract dated August 2, 1983, reference to
which is here made;
WHEREAS, the City of Corpus Christi, on October 24,1995, contracted
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.' 1-_ . J " J l, ~
with the City of Portland to renew the agreement of August 2, 1983, for a ten year
period, the area of ceded control remained the same northeast of U.S. Highway
181 and was only slightly modified to the north and west as annexations took
place extending Portland's ET J zone;
WHEREAS, the City of Portland now desires to annex additional land not
more than one mile from its present city limits and within the five-mile
extraterritorial jurisdiction of the City of Corpus Christi; and
WHEREAS, it is the desire of the City of Corpus Christi to reduce the
boundaries of its extraterritorial jurisdiction so that said proposed annexation by
the City of Portland may be accomplished, there being no other cities having
Jurisdiction or legal interest for the purpose of establishing the exclusive
annexation rights and police powers of the City of Portland and in the said certain
tract of land;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1, The City Manager of the City of Corpus Christi is hereby authorized
to execute the "City of Portland-City of Corpus Christi Art. 970A Cession
Agreement", marked Exhibit "A", attached hereto, and by this reference
Incorporated herein and made part hereof for all purposes, for and on behalf of
the City of Corpus Christi and City of Portland, all as authorized by Art. 970A,
VAC.S., Texas, and pursuant to Sections Band C thereof, and approved,
sealed and attested by the City's officers as required by law. Said Cession
Agreement shall in no way be intended to include any water area or underlying
land within the boundaries of Corpus Christi Bay and The Gulf of Mexico.
SECTION 2. This ordinance shall be published by caption once in a newspaper
of general circulation in the City of Corpus Christi,
SECTION 3, All ordinances or parts of ordinances in conflict herewith shall be
and are hereby repealed to the extent of conflict herewith
SECTION 4. If for any reason any section, paragraph, subdivision, clause,
phrase, or provision of this ordinance shall be held invalid or unconstitutional by
final judgment of a court to competent jurisdiction, it shall now affect any other
section, paragraph, subdivision, clause, phrase, word or provision hereof be
given full force and effect for its purpose.
SECTION 5. That upon written request of the Mayor or five council members,
copy attached, the City Council (1) finds and declares an emergency due to the
need for immediate action necessary for the efficient and effective administration
of City affairs and (2) suspends the Charter rule that requires consideration of
and voting upon ordinances at two regular meetings so that this ordinance is
passed and takes effect upon first reading as an emergency measure this thes11th day of October, 2005
ATTEST:
"1
_ /k~~~
Armando Chapa
City Secretary
Approved
By Ii
Joseph I-tarney
Assistant City Attorney
For City Attorney
,2005
THE CITY OF CORPUS CHRISTI
/~~
May r
Corpus Christi, Texas
, t\ ,"
l__dayof L l It-\'--t \.
,2005
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance, an
emergency exists requiring suspension of the Charter rule as to consideration
and voting upon ordinances at two regular meetings: I/We, therefore, request that
you suspend said Charter rule and pass this ordinance finally on the date it is
mtroduced, or at the present meeting of the City Council.
Respectfully,
Respectfully,
~~
Henry rrett, Mayor
City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Brent Chesney
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Henry Garrett
Melody Cooper
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Jerry Garcia
Liv'\,( >
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Rex A Kinnison
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Sill Kelly
John E, Marez
I. .
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Mark Scott
I. .
, /C.Lj"c
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Jesse Noyola
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ExhibIt A
Sf ATE OF TEXAS
COlNTY OF NUECES S
STATE OF TEXAS S
<-GliNTY OF SAN PATRICIO S
CITY OF PORTLAND - CITY OF CORPUS CHRISTI
CESSION AGREEMENT
WHEREAS, the City of Portland, a mUlllcipal corporation having a population of five thousand
or more but less than twenty-five thousand inhabitants, has an extraterritorial jurisdiction
Lonsisting of all contiguous unincorporated area, not a part of any other city or the extraterritorial
t unsdiction of any other city, within one mile of its corporate limits;
WHEREAS, the City of Corpus Christi, a municipal corporation having a population of one
hundred thousand or more Inhabitants, has an extraterritorial jurisdiction consisting of all
,:ontJguous unincorporated area. not a part of any other city or the extraterritorial jurisdiction of
any other city, within five miles of its corporate limits,
WHEREAS, on August 23, 1963 the area within one mile of the then city limits ofthe City of
Portland and the area within five miles of the then city limits of the City of Corpus Christi was an
area of overlapping jurisdiction between the City of Corpus Christi and the City of Portland;
WHEREAS, The City of Corpus Christi, on February 22, 1968, contracted with the City of
Portland to cede to the City of Portland for a period of ten years all such areas of overlapping
lurisdiction as they existed in 1963.
WHEREAS, during such ten-year period, the City of Portland annexed most of its one-mile area
\ If overlapping jurisdiction:
WHEREAS, the City of Corpus Christi, on May 25, 1982, contracted with the City of Portland
to cede to the City of Portland additional areas of overlapping jurisdiction within one mile of the
then eXlstlllg and presently existing city limits of the City of Portland and not within one-half
mile of the City of Gregory and an area lying generally north of the City of Portland, such areas
heing more particularly described in the contract dated May 25, 1982, reference to which is here
made;
II PL'\-DIR\SHARED\Comprehcnsivc PlanningCllv ()f Port[and-9-27-()S CIty Council Agenda Item - ETJ Cession Agreement.doc
WH ERE AS, the City of Cl)rpUS Christi, lln August 2. 19R3. contracted with the City of Portland
(, cede to the City of Portland additional areas of overlapping jurisdiction within one mile of the
'hen eXlstmg and presently existing city limits of the City llfPortland and not within one-half
'1\1Ie of the City of Gregory, an area lying generally northeast of L .S. Highway 181, such area
i)emg mort.' particularly describcd in the contract dated August 2, 1983, reference to which is here
nade:
WHEREAS, the City of Corpus Christi, on October 24, 1995, contracted with the City of
Portland to renew the a!:,'Tecment of August 2, 1983. for a ten year period, the area of ceded
c."ontrol remained the same northeast of U.S. Highway l8l and was only slightly modified to the
north and west as annexations took place extending Portland's ET J zone;
WHEREAS, the City of Portland now desires to annex additional land not more than one mile
trom its present city limits and within the tive-mile extraterritorial jurisdiction of the City of
lOrpUS Christi: and
WHEREAS, it is the desire of the City of Corpus Christi to reduce the boundaries of its
extraterritorial jurisdiction so that said proposed annexation by the City of Portland may be
dccomplished, there being no other cities having jurisdiction or legal interest for the purpose of
establishing the exclusive annexation rights and police powers of the City of Portland and in the
"ald certam tract of land:
'ljOW, THEREFORE,
SECTION 1. Effective as ()fthe date of execution of this Agreement, the City of Corpus Christi
hereby apportions to, relinquishes, cedes and conveys to the City of Portland sole and exclusive
annexation rights, privileges, powers, and authority under the TEX. LOCAL Gov'i CODE,
CHAPTER 42 (Vernon 19R8) and other applicable laws, that area lying generally northeast of
and mcluding U.S. Highway 181 and over and in those tracts ofland, as described by metes and
hounds and map thereof contained in Exhibit '"A. I ", attached hereto and made a part hereof,
subject to the provisions of this Agreement.
SECTION 2. Effective as of the date of execution of this Agreement, the City of Corpus Christi
hereby apportions to, relinquishes, cedes and conveys to the City of Portland sole and exclusive
annexation rights, privileges, powers, and authority under the TEX, LOCAL GOv'T CODE,
('HAPTER 42 (Vernon 19R8) and other applicable laws, that area lying generally north of the
CIty of Portland and northwest oflJ,S. Highway I X I, as described by a map thereof contained in
Exhibit '"A.2", attached hereto and made a part hereof, subject to the provisions of this
\!:,'Tcement.
,j PL"-DIR\SHAREO'{ omprehensive PlanningCllY nt Portland,9-27~()5 City C\)ullcil Agenda Item - ETJ Cession Agreement.doc
SECTION 3. From and after thc date this agreement is approved and adopted by the Governing
fiodles of the cities which are parties hereto, and for a period often (10) years thereafter, the City
,\t Pllrtfand. Texas. shall have exclusiw extraterritorial jurisdiction over the land area as
described In Section I and Section :2 of this agreement. Said land may be annexed by the City of
I'l)rtland within such ten (10) year penod: provided however, that in the event said land or
pllrtlOn thcreof remams outside thc corporate boundary of the City of Portland at the expiration
'I such ten (10) period. the extraterritorial jurisdiction over said land or portion thereof shall
! l'\ert tll the City of Corpus Chnsti
SECTION 4. To maintain accurate boundary information between the City of Corpus Christi
and the City of Portland, when the City of Portland completes any annexation of the areas ceded
In Exhihit I an II, the City of Portland will forward to the City Manager's Office and City
Sccrctary of the Corpus Christi annexation ordinances, maps and boundary descriptions of areas
annexed,
SECTION 5. The City of Portland will exercise control over the delivery of water in the above-
described area so that all new water customers will be required to construct water systems
meetmg the standards of the City of Portland for new subdivisions and will be required to
connect to the water system of the City of Portland. In this regard, the City of Portland will take
all steps reasonably available to it to stop any other governmental jurisdiction or private
corporation from providing water service or extending any existing water service to any new
customers in the above described area.
SECTION 6. The City of Portland will review its plans tor future sewage and drainage facilities
so as to direct as much drainage surface runoff and sanitary sewage et11uent toward Nueces Bay
as is economically and physically feasible,
SECTION 7. The City of Corpus Christi and the City of Portland hereby agree to provide each
llther with full information about any oil and gas exploration activities lying within one-half mile
"fthe limits of either city or with a bottom hole location not physically located under the
Jurisdiction which has granted a permit for the particular well. The Petroleum Superintendent of
the City of Corpus Christi will be available, as circumstances permit, to consult with or assist the
CIty of Portland regarding any aspect of oil and gas drilling regulations or to provide inspection
un a direct cost reimbursement baSIS at the request of the City of Portland. When circumstances
permit, the Planning and Development Department of the City of Corpus Christi will be available
t<) the Citv of Portland for advice and consultation.
SECTION 8. The City of Corpus Christi reserves unto itself complete extraterritorial jurisdiction
of any and all areas within five miles of the City of Corpus Christi, except those areas that have
heen previously ceded to municipalities within such five mile area and the area ceded herein.
ij PL~-DIR\SHARED'Comprehcn-;iVt' PlanmngCnv ufPortbnd9-27-0_" eny c.luncll Agenda Item - ETJ Ct.'Ssion Agreement.doc
SECTION 9, All understanding and agreements of the parties hereto are merged in this
Ib'Teement and all prior agreements of the parties thereto, relative to the subject matter hereof, are
;upcrseded by thIS Agreement.
SECTION 10. If any sectHln, paragraph, sentence, clausc, phrase, or word of this Agreement
,hall. t(lr any reason, be finally adjudged by any court of competent jurisdiction to be
dnCtlIlstitutional or invalid. such tinaljudgment shall not affect, impair or invalidate the
rcmainder thereof but shall be confincd in its operation to the section, paragraph, sentence,
~Iause, phrase, or worked thereof so found unconstitutional or invalid.
. Sl BSCRIBED, ATTESTED, APPROVED AND EXECUTED in duplicate originals in the
State of Texas and completed on this day of, 2005,
-\PPROVED:
CITY OF PORTLAND, TEXAS
It\ Attorney
City Manager
\rrEST
CITY OF CORPUS CHRISTI, TEXAS
George K. Noe
-\ PPROVED THIS
Y PL:--"-DIR'.5HARED\(omprehensiVt' Planmng City of Portland\9-27-05 Cny Council Agenda Item - ETJ Cession Agreement.doc
Exhibit A.1
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,JGIS �A�Area ceded to City of Portland in sq.miles:0.096 N'1 -;- E
err =I-
S
Portland City Limit Line
0 650 1300Feet
Cil
Ciy of Corpus Christi.TX
Extraterritorial Jurisdiction(ETJ)
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Exhibit A.2
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Portland
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Nueces Bay �;.
Corpus Christi Bay
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Area ceded to City of Portland in sq.miles:5.0
WiFililI-
Portland City Limit Line V
Ciry o/Corpus Christ.TX s
Corpus Christi City Limit Line 0 2000 4000Feet
I _____ Extraterritorial Jurisdiction(ETJ)
o.r„rm.n a o..,woo .sew«.
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