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Home My WebLink About028283 ORD - 08/25/2009Page 1 of 4 ORDINANCE ANNEXING APPROXIMATELY FIVE TRACTS, WITH APPROXIMATELY 6.635 ACRES, OF SUBMERGED LAND OWNED BY THE PORT OF CORPUS CHRISTI AUTHORITY ADJACENT TO THE CITY LIMITS ALONG THE SOUTHERN SHORELINE OF NUECES BAY THAT LIE BETWEEN THE CURRENT CITY LIMIT LINE AND THE NUECES BAY SHORELINE; 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; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, with the exception of the area adjacent to the Nueces Bay Power Plant, the City of Corpus Christi desires to set its boundary along the southern shoreline of Nueces Bay, and to ensure that the shoreline shifts with normal accretion and erosion of the shoreline; WHEREAS, portions of the city limit line along the shoreline have remained static and has not shifted with accretion and erosion, which has resulted in some submerged lands not beingwithin the Cityand some uplands that should be in the City's industrial district being within the City limits; WHEREAS, the Port of Corpus Christi Authority has petitioned the City to adjust its boundaries along the southern shoreline of Nueces Bay by annexing submerged lands between the current city limits and the shoreline within the areas patented to the Port of Corpus Christi Authoritybythe State of Texas, under the authority of Section 43.028, p Texas Local Government Code; WHEREAS, the City of Corpus Christi desires to annex approximately five tracts, totaling approximately a roximatel 6.635 acres, of submerged land owned by the Port of Corpus Christi Authority, adjacent to the city limits along the southern shoreline of Nueces Bay, that lie between the current city limit line and the Nueces Bay shoreline, to the City of Corpus Christi; 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; 028283 PCCA submerged land annexation 081 92009 INDEXED Page 2 of 4 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 described in this ordinance. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That approximately five tracts of submerged land, with approximately 6.635 acres, more or less, out of the submerged lands patented to the Port of Corpus Christi Authority, as the successor of the Nueces County Navigation District, No. 1, by the State of Texas, under the following patents issued by the State of Texas: Patent No. 84, issued on May 7, 1936, recorded in Volume 47A; Patent No. 381, issued on October 22, 1947, recorded in Volume 7-B; and Patent No. 446, issued on January 9, 1956, are annexed to, brought within the corporate limits, and made an integral part of the City Corpus Cor us Christi. The tracts of submerged land being annexed are those submerged lands, which are owned by the Port of Corpus Christi Authority, that are g between the current City limits and the current low water line along the southern shore of Nueces Bay. The relocated City limits line is described in Exhibit A of this ordinance, which is attached to and incorporated into this ordinance. The approximate location of the tracts of submerged land are shown on the map in Exhibit B of this ordinance, which is attached to and incorporated into this ordinance. SECTION 2. The southern shoreline of Nueces Bay remains the City's corporate limits notwithstanding anychanges to the physical location of the shoreline caused by the natural accretion or erosion of the shoreline. SECTION 3. That the owners and inhabitants of the tracts or parcels of land annexed bythis 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 CityCharter of the Cityof Corpus Christi, and the ordinances, resolutions, motions, laws, rules and regulations of the City of Corpus Christi and to all intents and purposes as thep resent 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 p Y jurisdiction,reviousl 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 beperformed all acts necessary to correct the official map of the . Cityand 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 orp rovision 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, PCCA submerged land annexation 08192009 Page 3 of 4 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., September 1, 2009. SECTION 8. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 9. 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 sed and takes effect upon first reading as an emergency measure on this the ay of August, 2009. ATTEST: • ,4 if/ Armando Chapa City Secretary APPROVED: August 19th, 2009 R. .y eining First Assistant ity Attorney For City Attorney PCCA submerged land annexation 08192009 CITY OF CORPUS CHRISTI Joe dame Mayor Page 4 of 4 Corpus Christi, Texas 4 -ay of August, 2009 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: Ilwe, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, &eler-ipi& Joe Idame Mayor The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez 4504— Nelda Martinez Mark Scott 8 2 8 3 PCCA submerged land annexation 08192009 EXHIBIT A Metes and Bounds Description Replacing two portions of the existing city limit line established by annexation Ordinance No. 2919, 10-31-50 and annexation Ordinance No. 9270, 3-12-69 with the following city limit lines, to specifically allow for natural accretion, erosion and avulsion, causing the annexation of 6.635 acres of submerged land further described as follows: Line 1 (Tracts 1, 2, 3, and 4): Beginning at the intersection of the west line of State Tract 691 and the low water line along the shoreline of Nueces Bay, the city limit line established by Ordinance No. 6636, September 19, 1962 for the west corner of the area here -in described; Thence easterly along the meanders of the low water line of the Nueces Bay shoreline, to its intersection with the west line of a 63.71 acre tract now or formerly owned by Nueces Bay WLE, L.P., for a corner; and Line 2 (Tract 5): Beginning at a point formed by the intersection of State Submerged Land Survey Tracts 708, 708A and the low water line of the east shoreline of Nueces Bay and generally located on the western edge of Dredge Material Placement Area No.1; Thence continuing in a general north easterly direction, with the low water line along the shoreline of Nueces Bay to its intersection with the northerly extension of the POCCA Herbie A. Maurer Dredge Material Placement Area east dike toe for a corner; Thence in a southerly direction, with the said east dike toe of the POCCA Herbie A. Mourer Dredge Material Placement Area, to its intersection with the afore -mentioned city limit line established by Ordinance No. 2919, October 31, 1950 for the east end point. A-1 PCCA submerged land annexation 08192009 EXHIBIT B ANNEXATION OF SUBMERGED LANDS ALONG SOUTHERN SHORELINE OF NUECES BAY As?-asaft) NUECES BAY SHOR INE. 2009 ANNEXATION MAP SUBMERGED MECO BAY SHORELINE N9 ANNEXA MAP SU MERGED LANDS Prop.. Ore 4.4ese 1 =ECM BAY SLE 2009 AlfNEXATION MAP SUBMERGED LAUDS TPeasaa`Olt, iari.7u TRACT 1(0.015 AC) tD tate•ehexthe thee.. zf N: e. &y Arsea'ss 16.e utsiVett Sine urs t 1 #NIECESBAY SHORELINE 2At1NEXATIDN MAP St ERGED LAUDS �alierolL:x`k+e 1ACT2 (1.99(G), TRACTS (2.56 AC) SC,ECTS 4Y inside CI4I Limits Pressed City Lkmt Line CMS S. Kg by Es*. iime Ropeted Linetrentiaoveims the i t iT.rse is $vc nvfamOi niewja the eait u is 3fesb4A. t�ascr 1969 Annexation PROPOSED ANPE(ATL0#i SUBMERGE!) LAMS .4Ann=tio9., . PRESENT CITY LIMIT LINE A+ti ` AA/M1A PROPOSED CITY LIMIT LINE Annex Maps 08192009 B-1 TOTAL. ACREAGE NUECES BAY SHORELINE - 2009 ANNEXATION MAP SUBMERGED LANDS .rem City Limit Line .ii'4,1)° ° °« $* inside City Limits Legend 1950 ANNEXATION LINE an SUBMERGED LANDS 1:21 PRESENT CITY' LIMIT LINE CA, = , PROPOSED CJTY LINT LINE r1, Industrial District 1 ft.mmos .life.U.4.0,6W .MAm.. `d. , ..mMOS.i1jx RLTM P Feet 10 20 30 40 '''''1747761V;;Arigiet Over,74, 4.0.41a Proposed City a* Line B-2 Annex Maps 08192009 v moisamom mismisimmE ffimmiimmimE liiiiimuimil iiiiIEit •, rn B-2 Annex Maps 08192009 NUECES BAY SHORELINE - 2009 ANNEXATION MAP SUBMERGED LANDS Legend 1950 ANNEXATION UNE SUBMERGED LANDS I 1 PRESENT CITY' LIMIT LIAfE 4, et ;..4 PROPOSED CITY LIMIT LINE. Annex Maps 08192009 Inside City Limits Pp:posed City Limit Line 000 Present City Lirnit Line OP, 1 1900 „el nneratiOn ..:•. 1969 Annexation Industrial District 1 0 215 430 1 1 1,290 Feet 1,720 1'. ::::•11111111 111111111110MMIN iT :1111111111111111MIEE1111M 111•1111113IMINI TOTAL ACRE.% B-3 ithJECES BAY SHORELINE- 2009 ANNEXATION MAP SUBIAERGED LANDS /. w 2a inside City Limits u Proposed City Limit Line -- _...,. 4 4(4 4' a Prete Cir Limit Line it P Legend 19 0 ANNEXATION LINE SUBMERGED LANDS L_i PI PRESENT CITY LIMIT LifivE a PROPOSED CITY LIMIT LINE Cii Annex Maps 08192009 t 1 f 1 11 # industrial District 1 i f ■ t I tea, 44s Fee 0 I : 2$J 420 840 .,260 1,£80 8-4 IIMIEMINIMENEMEEMIIMMI milIMEIMINIENMEMIM ■ ,===31::=11M State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5915756 PO # Before me, the undersigned, a Notary Public, this day personally came JENNIFER HOBBS, who being first duly sworn, according to law, says that she is LEGAL SALES REPRESENTITIVE AND EMPLOYEE OF THE PUBLISHER, namely, 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 0246 PA publication of, NOTICE OF PASSAGE OF ORDINANCE NO...02.82.8 which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 8/31/2009,8/31/2009. $ 166.59 1Time(s) On this 5La day of LEGA 1, ►.iii1 ,0,14 2 01) II certify that the attached document S REPRESENTIVE is a true and an exact co • y mad y plisher. ON, : ;- WENN d, MEDINA tp,;ofMY COMMISSION EXPIRES August 2, 2012 Notary ' blic, State of Te CALLER -TIMES « August 31, 2009 « 5E Legal Notices 1110 NOTICE OF PASSAGE OF ORDINANCE NO. 028283 Ordinance annexing approximately five tracts, with approxi- mately 6.635 acres, of submerged land owned by the Port of Corpus Christi Au- thority adjacent to the City limits along the , southern shoreline of Nueces Bay that lie between the current City limit line and the Nueces Bay shore- line; providing that the owners and in- habitantsare entitled to all rights, privi- leges, and burdens of other citizens and property owners of the City of Corpus Christi and are sub- ject to and bound by the City Charter, ordi- nances, resolutions, and rules; providing for amendment of the Official Maps of the City of Corpus Chris- ti; providing an effective date; provid- ing for publication. This ordinance was passed and approved by the City Council of the City of Corpus Christi on August 25, 2009. The effective date is 12:01 a.m. on September 1, 2009. /s/ Armando Chapa City Secretary City of Corpus Christi