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Home My WebLink About028285 ORD - 08/25/2009Page 1 of 3 ORDINANCE DISANNEXING APPROXIMATELY 37.37 ACRES OF SUBMERGED LANDS OWNED BY NUECES BAY WLE, L.P., AND CENTEX CEMENT CORPORATION NORTH OF THE SOUTHERN SHORELINE OF NUECES BAY; 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, Nueces Bay WLE, L.P., and Centex Cement Corporation have asked the City to disannex their submerged lands north of the southern shoreline of Nueces Bay; WHEREAS, the City of Corpus Christi desires to disannex approximately 37.37 acres of submerged land owned by Nueces Bay WLE, L.P., and Centex Cement Corporation; 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: SECTION 1. That approximately 37.37 acres of submerged land owned by Nueces Bay WLE, L.P., and Centex Cement Corporation north of the southern shoreline of Nueces Bay are disannexed. The relocated City limits line is described in Exhibit A and shown on the map in Exhibit B of this ordinance, which are attached to and incorporated into this ordinance. SECTION 2. 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 3. 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 4. 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. 028285 Power -cement plant water area disannexation 08192009 INDEXED Page 2 of 3 SECTION 5. This ordinance goes into effect at 12:01 a.m., September 1, 2009. SECTION 6. 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! p ssed and takes effect upon first readingas an emergency measure on this the day of August, 2009. p g Y ATTEST: Armando Chapa City Secretary APPROVED: August 19, 2009 R Ja Rein I� g First Assistant City Attorney For City Attorney Power -cement plant water area disannexation 08192009 CITY OF CORPUS CHRISTI 0,eedda4tia Joe A ame Mayor Page 3 of 3 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: llwe, 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, Joe dame 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 '14 e-/kif Nelda Martinez Mark Scott 0287.85 Power -cement plant water area disannexation 08192009 adaeltiz EFFECTIVE DATE �ervx 121b EXHIBIT A Metes and Bounds Description for Disannexation of 37.37 Acres of Submerged Land In Nueces Bay Owned by Nueces Bay WLE, L.P., and Centex Cement Corporation Disannexing 37.37 acres of submerged land, more or less, out of a 63.71 acre tract and out of a 44.494 acre tract lying in the submerged land surveys No. 708 and 708A, partly lying within Nueces Bay, also Tying in the Nueces County Navigation District No. 1 Survey, abstract 2677, abstract 2682 and abstract 2689, Nueces County, Texas, the same being portions of Survey No. 3 of the Riparian Property Owners Map as recorded in Vol. 6, page 13, Map Records of Nueces County, Texas, now or formerly owned by Nueces Bay WLE, L.P. and Centex Cement Corporation, respectively and further described by metes and bounds as follows; Beginning at a point, the intersection of the Tow water line of the Nueces Bay shoreline, the present City Limit Line as established by Ord. No. 9270, dated March 12, 1969, and the west line of said 63.71 acre tract, for a westerly corner of the tract here -in described; Thence N23 12 51E, 580 feet, more or Tess, to a point on the common line between submerged land Surveys No. 708 and 708A, for a corner of said 63.71 and a westerly corner of this tract; Thence 53 06 58E, 1203.02 feet to the north corner of said 63.71 acre tract and the north corner of this tract; Thence S23 11 58W, 779.75 feet to an inside corner of said 63.71 acre and an inside corner of this tract; Thence N89 31 58E, at 491.32 feet, pass the northwest corner of the afore- mentioned 44.494 acre tract, a distance in all of 820 feet, more or less, to the intersection with the low water line of the Nueces Bay shoreline, the present City Limit Line, for the northeast corner of this tract; Thence in a general westerly direction with meanders of said Nueces Bay shoreline, the present City Limit Line, to the point of beginning. A-1 Power -cement plant water area disannexation 08/92009 tom . G Proceed City Limit Line EXHIBIT B NUECES BAY/SHORELINE - 2009 DIS -ANNEXATION SUIWRGED LAND D. MAP 64 Present City Limit Line-, , Industrial District I Legend 1 1950 ANNEXAT10A1 LINE UPLANDS SUBMERGED LANDS PRESENT CITY LIMIT LINE �tiwM� t"'"'.4PROPOSED CITY LIMIT LINE $rf C1 w� W 1950 Annexation Inside City Limits 1969 Annexatio? JCM#4;Ref. by 1 X00, CPL NUECES BAY WLE CEIVTEX CEMENT Feet 0 240 480 960 1440 1,920 B-1 Power -cement plant water area disannexation 08192009 Merin. A_ Maurer Dredge Material Placement Area Ordinance # 009270 W s