HomeMy WebLinkAboutC2019-168 - 4/23/2019 - Approved CITY OF PORTLAND - CITY OF CORPUS CHRISTI
CESSION AGREEMENT
WHEREAS, the City of Corpus Christi, on October 11, 2005, contracted with the
City of Portland to cede to the City of Portland areas of overlapping extraterritorial
jurisdiction; and where such areas reverted to the City of Corpus Christi if not annexed
within 10 years;
WHEREAS, with respect to the 122 acres specified in Exhibit A (the "Concurrent
ETJ Area"), the effect of the reversion could be interpreted to (1) establish exclusive
jurisdiction in the City of Corpus Christi or(2) reestablish overlapping extraterritorial
jurisdiction with the City of Corpus Christi and the City of Portland;
WHEREAS, aforesaid cities adopt an interpretation of the October 11, 2005
cession agreement that the reversion caused the areas of overlapping jurisdiction to be
reverted to their prior status of overlapping extraterritorial jurisdiction;
WHEREAS, the City of Corpus Christi desires to annex the Concurrent ETJ Area
adjacent to the City of Portland;
WHEREAS, it is the desire of the City of Corpus Christi to allow the City of
Portland an opportunity to annex the Concurrent ETJ Area, but preserve City of Corpus
Christi's right to annex such area if the City of Portland does not annex prior; and
WHEREAS, it is the desire of the City of Corpus Christi to grant exclusive
extraterritorial jurisdiction in the areas specified as "ETJ Cession Area" in Exhibit B, C, &
D to City of Portland.
Now, therefore, effective the date of execution of this Agreement:
SECTION 1. The City of Corpus Christi hereby grants and conveys to the City of
Portland concurrent and non-exclusive annexation rights, privileges, powers, and
authority under Tex. Loc. Gov't Code Chapter 42 and 43, and other applicable laws over
and in the area described as "Concurrent ETJ Area" in Exhibit A.
The City of Corpus Christi and the City of Portland, Texas, shall have concurrent and
non-exclusive extraterritorial jurisdiction over the Concurrent ETJ Area.
Having concurrent jurisdiction, both the City of Portland and the City of Corpus Christi
have the right to annex the Concurrent ETJ Area described in Exhibit A. Having
concurrent jurisdiction, both the City of Portland and the City of Corpus Christi may both
enter into Development Agreements with owners of property within the area pursuant to
Texas Local Government Code §43.016 and §212.172.
SECTION 2. The City of Corpus Christi hereby grants and conveys to the City of
Portland sole and exclusive annexation rights, privileges, powers, and authority under
C2019-168
4/23/19
Ord. 031745
City of Portland
Tex. Loc. Gov't Code Chapters 42 and 43, and other applicable laws over and in the
areas described as "ETJ Cession Area" in Exhibit B, C, & D.
SECTION 3. After the City of Corpus Christi completes annexation of the La Quinta
corridor, as depicted in Exhibit F, the City of Corpus Christi agrees that the City of
Corpus Christi automatically cedes additional, rolling areas of ETJ to the City of
Portland within the area identified as "Area A.1" in Exhibit E. Said rolling areas will
automatically extend into the "Area A.1" in Exhibit E one mile from Portland's City limits
as those city limits expand. In no event will the rolling ETJ area extend beyond the area
depicted as Area A.1 in Exhibit E. Upon termination of this agreement, the right to
annex the rolling ETJ areas will terminate and the areas not annexed will revert to the
City of Corpus Christi ETJ area.
SECTION 4. 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 been previously ceded to municipalities within such five-mile area
and the area ceded herein.
SECTION 5. All understandings, bargains, and agreements of the parties hereto are
merged in this agreement and all prior agreements the parties thereto, relative to the
subject matter hereof, are superseded by this Agreement.
SECTION 6. If any section, paragraph, sentence, clause, phrase, or word of this
Agreement shall for any reason be finally adjudged by any court of competent
jurisdiction to be unconstitutional or invalid, such final judgment shall not affect, impair
or invalidate the remainder thereof but shall be confined in its operation to the section,
paragraph, sentence, clause, phrase,or worked thereof so found unconstitutional or
invalid.
SECTION 7. The City of Corpus Christi does not intend to interfere with the City of
Portland's water or sewer certificate of convenience and necessity (CCN) or service to
areas in the La Quinta Corridor. The City of Portland's existing water and sewer service
to areas in the La Quinta Corridor will remain in effect regardless of annexation action
by the City of Corpus Christi. The City of Portland agrees not to withdraw its water or
sewer CCN from the La Quinta Corridor.
Subject to the limitations and requirements of the Texas Public Utilities Commission and
the Texas Commission on Environmental Quality, the City of Portland understands that
the City of Corpus Christi may purchase water from the City of Portland for resale in
areas outside the City of Portland's city limits and may obtain non-industrial sewer
services to resale said services in areas outside the City of Portland's city limits. The
City of Portland agrees to allow the City of Corpus Christi to connect to City of
Portland's water mains and make its treated water available to and treat the City of
Corpus Christi as favorably as any other treated water customer. The City of Corpus
Christi may resell this water to areas outside the City of Portland's city limits. The City of
Corpus Christi may further obtain non-industrial sewer service from the City of Portland
on the same basis as any other customer and resell such sewer service to customers
outside the City of Portland's city limits. The City of Corpus Christi will pay the City of
Portland's standard out-of-city-limit rates for either water or sewer service. For purposes
of this paragraph, "non-industrial sewer services" are sewer services receiving
"domestic sewage" pursuant to Section 23-171 of the City of Portland City Code.
SECTION 8. If requested by the City of Corpus Christi, the City of Portland will provide
law enforcement, non-industrial fire suppression, and EMS services as may be needed
for areas annexed by the City of Corpus Christi north of the Corpus Christi Bay within
the areas described in Exhibit F. The City of Portland will agree to enter into an
Interlocal Cooperation Agreement(s) and/or mutual aid agreement(s) with the City of
Corpus Christi for the provision of these services.
SECTION 9. From and after the date this agreement is approved and adopted by the
Governing Bodies of the cities which are parties hereto, and for a period of 15 years
thereafter, the City of Portland, Texas, shall have concurrent and non-exclusive
extraterritorial jurisdiction over the land area described as "Concurrent ETJ Area" in
Exhibit A and exclusive extraterritorial jurisdiction over the land area as described as
"ETJ Cession Area" in Exhibit B, C, & D. Said land may be annexed by the City of
Portland within such 15 year period; provided however, that in the event said land or
portion thereof remains outside the corporate boundary of the City of Portland at the
expiration of such fifteen (15) year period, the extraterritorial jurisdiction over said land
or portion thereof shall revert to the City of Corpus Christi.
SECTION 10. Failure to comply with Sections 7 and/or 8 shall entitle the City of Corpus
Christi to declare this agreement in default. After at least 30 days' notice of default, the
City of Corpus Christi may terminate this agreement early. Upon early termination, all
areas of ceded ETJ not annexed as of the date of termination shall revert to the City of
Corpus Christi.
SECTION 11. The City of Corpus Christi is in the process of annexing the La Quinta
Corridor as depicted in Exhibit F. Services provided by the City of Portland to the City of
Corpus Christi and the La Quinta Corridor are the consideration for the cessions
described herein. If the City of Corpus Christi is prohibited by State action/legislation
from completing the annexation of the La Quinta Corridor, then this agreement
automatically terminates at the time such prohibition becomes effective.
(remainder page left blank, signature page to follow)
EXECUTED in duplicate originals this �P day of , 2019.
CITY OF CORPUS CHRIS I CI •F PORTLAND
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amuel Keith Selman
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Interim City Manager City Manager
ATTEST: ATTEST:
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Reb cca Huerta Annette Hall
City Secretary City Secretary
APPROVED AS TO LEGAL FORM: APPROVED AS TO LEGAL FORM:
Aldli 6 )--C / , /"'f_404
Buck Brice 'al George
Assistant City Attorney City Attorney
For City Attorney
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SECRfTAP"
EXHIBIT A
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18 ACRES
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NV" L ANASSOCDSV RVIATEVIES
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1, THIS DOCUMENT WAS PREPARED UNDER 22 TAC •T'663 21 DOES NOT
REFLECT THE RESULTS OF AN ON THE GROUND SURVEY AND IS NOT TO BE MI..s,r 1.11,y S0411111t TR/.12.1 I uan»+.w
USED TO CONVEY OR ESTABLISH INTERESTS IN REAL PROPERTY EXCEPT TV411.0214110wwenm MY MP.. CC
THOSE RIGHTS AND INTERESTS IMPLIED OR ESTABLISHED BY THE CREATION ^•-......a. .-^-^^••.•
OR RECONFIGURATION OF THE BOUNDARY OF THE POLITICAL SUBDIVISION FOR ..
WHICH IT WAS PREPARED.
CITY OF PORTLAND, TEXAS Cr
PROPOSED ANNEXATION Jo
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