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Home My WebLink About028284 ORD - 08/25/2009Pa�ge 1 of 4 ORDINANCE DISANNEXING APPROXIMATELY FOUR TRACTS, WITH APPROXIMATELY 187.76 ACRES, OF UPLANDS 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 FOR AMENDMENT OF THE OFFICIAL MAPS OF THE CITY OF CORPUS CHRISTI; PROVIDING FOR SEVERANCE; PROVIDING AN EFFECTIVE DATE; 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 being within the City and 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 disannexing lands between the current city limits and the shoreline within the areas patented to the Port of Corpus Christi Authority by the State of Texas; WHEREAS, the City of Corpus Christi desires to disannex approximately four tracts, totaling approximately 187.76 acres, of uplands 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 disannexed abuts and is contiguous and adjacent to the City of Corpus Christi's Industrial District No. 1, and will become part of the district upon disannexation; WHEREAS, it has been determined by the City Council that the territory now proposed to be disannexed constitutes lands and territories subject to disannexation 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 disannex the lands and territory described in this ordinance. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: 028284 PCCA disannexation 08192009 INDEXED Page 2 of 4 SECTION 1. That approximately four tracts of uplands, with approximately 187.76 acres, more or less, out of the former 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 disannexed. The tracts of uplands being disannexed are those uplands, which are owned by the Port of Corpus Christi Authority, that are between the current City limits and the current low water line along the southern shoreline 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 upland are shown on the maps in Exhibit B of this ordinance, which are attached to and incorporated into this ordinance. SECTION 2. The southern shoreline of Nueces Bay remains the City's corporate limits notwithstanding any changes to the physical location of the shoreline caused by the natural accretion or erosion of the shoreline. SECTION 3. That the official map and boundaries of the City and its extraterritorial jurisdiction, previouslyadopted and amended, are amended to include the territories described in this ordinance as part of the City of Corpus Christi, Texas. SECTION 4. 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 5. 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, paragraph, subdivision, clause, phrase, word or provision of this ordinance for it is the gra p definite intent of this CityCouncil that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 6. This ordinance goes into effect at 12:01 a.m., September 1, 2009. SECTION 7. 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 ■ y, sed and takes effect uponreading first as an emergency measure on this the •ay of August, 2009. PCCA disannexation 08192009 ATTEST: Armando Chapa City Secretary APPROVED: August 19, 2009 R/Jayeininc First Assistant City Attorney For City Attorney PCCA disannexation 08192009 I + Page 3 of 4 CITY OF CORPUS CHRISTI Joe dame Mayor Page 4 of 4 Corpus Christi, Texas day 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: l/we, 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, !'�e�i��T4C Joe dame Mayor The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry R. Elizondo, Sr. Kevin Kiesch n ick Priscilla Leal John E. Marez Nelda Martinez Mark Scott PCCA disannexation 08/92009 028284 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 disannexation of 187.76 acres of uplands further described as follows: Line 1 (Tracts 1, 2, and 3): 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 Iow 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 4): Beginning at the intersection of the Iow water line of the east shoreline of Nueces Bay and the east property line of a 44.494 acre tract Tying in the submerged land surveys No. 708 and 708A, partly Tying within Nueces Bay, as recorded in Vol. 401, Page 177, Deed Records of Nueces County, Texas, now or formerly owned by Centex Cement Corporation, respectively and further described by metes and bounds as follows; 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 disannexation 08192009 EXHIBIT B DISANNEXATION OF SUBMERGED LANDS ALONG SOUTHERN SHORELINE OF NUECES BAY itiqfCES BAY SHORELI4 2110 9 DISANNEXATION MAP UPLANDS S(BMERGED LAND NUECES BAY SHORELINE- 2009 14', r ; MAP SUBMERGED7., DISAN IEXAT N SAP UPLAND$ NUECES BAY SHORELINE - 2009 DIsAm4EXAT1411 MAP UPLANDS Pr,asea ;raeLex l mrselpy 4 `; .,TRACT•11&.83AC) • Pnistro 04, 1'+Rf'7t i ^ti R4cr,.?-643ilir), TRARTO 3;.,rAC.) Inside City Limits r•spoxd CO Vat? Vekt• htlICee SOTS Ate iF • CT 53747 AC),s �r ixaes£i*s te,e0vtiaU dmigr mirie p4tri.ert sa P, coed Cray Llinf Line CM 94, Ref. by Ordinance 9 009270\ Legend 1 1 Annexation History Proposed for =ANNEXATION UPLANDS SUBMERGED LANDS 1 PRESENT CITY LIMIT LINE PROPOSED CITY LIMIT LINE Disannex Maps 08/92999 C,:...wfilag ial,t 1969 Annexationace", xxv B-1 PROPOSH] DISANNEXATION UPLANDS ID ACRES - 87.83 2 48.31 _ 3 38.33 4 35.23 TOTAL UPLANDS ACRBtG9 187.78 PROPOSED 134SA5INEXATI SUBMERGED LAND 5 3737 TOTAL SIAM ERGED LAN) AC REALE 37.37 TOTAL ACREAGE 225.13 NUECES BAY SHORELINE - 2009 DISANNEXATION MAP UPLANDS Vhstern UThtOt Fp:posed Ds-Artmatori where the the of Misces Bay 4tterscts he west Jne Survey Inside City Limits 1969 Annexation — Proposed City Limit Line ck- Legend 1 1950 ANNEXATION LINE UPLANDS SUBMERGED LANDS 12:1 PRESENT CITYLIMIT LINE PROPOSED CITY LIMIT LINE Disannex Maps 08192009 Present City Limit Line industrial District 1 B-2 Feet 3,680 ' iffSM71, 7.--atuZ113:7- ID :L„ :TEMOI ACRES IIIIIIIIMIMIIIIIMIIIEZ 11111311111111ICEMIIIIII MIIIMMIIMIIIIIIMEMII IIIIIMIIIIMIIIIIIIIMEEMIIIIII kW '..IUR..a..1., MIIIIIMMINIMI NUE ES BAY SHORELINE - 2009 DISANNEXATION MAP UPLANDS inside City Limits .Proposed City Limtt Vie, 1950 AnnexetiOf? 1969 Annexation Pant City Limit Lino Industrial District 1 Legend 1950 ANNEXATION LINE UPLANDS SUBMERGED LANDS —11 PRESENT as 1(TT LINE Disannex Maps 08192009 0 437.5 875 B-3 Fee 3,500 ESOMDLZ:A.C.... .::�.,,w' �• . OTAt UPLANDA L Feet € 2320 . ECES BAY SHORELINE- 2009 DISANNEXATION MAP UPLANDS inside City Limits Pressed CO Limit ------ Nettie A. Aha- Drecige Material Placement Area &S+ Ur': cf FlopoiedF s-Mrientem skeet* rsgats tne rorr octets of the east lite He/bit A Ilium dream ritMerial c!acernert aro Present pity Limit Lire Legend fg519 ANNEXATION LINE UPLANDS SUBMERGED LANDS PRESENT CITY LIMIT LINE L PROPOSED CITY LIMIT LINE r;5• Disannex Maps 08192009 Industrial District 1 �MMC�*pow NNE 111111111111111 290 580 1,160 B-4 1,740 1 •11111112•11111111•111111=111111111