Ordinance No. 8I
ORDINANCE NO. 8
AN ORDINANCE AUTHORIZING THE MAYOR AND CITY
SECRETARY TO EXECUTE A CERTAIN INSTRUMENT,
FULLY SET OUT THEREIN, REVOKING AND CANCEL-
ING EASEMENTS HERETOFORE DEDICATED TO-THE
CITY IN WYNNEWOOD ADDITION TO THE CITY AND
ACCEPTING IN LIEU THEREOF OTHER EASEMENTS
THE SAME AS IF SUCH LATTER EASEMENTS HAD
BEEN ORIGINALLY DEDICATED.
WHEREAS, the developers of Wynnewood Addition have
heretofore dedicated certain easements to the City in said addi-
tion; and
WHEREAS, the Federal H ousing Administration has re-
quested that other easements be dedicated to the City in lieu of
those heretofore dedicated; and
WHEREAS, no valid reason exists why the City should
not revoke and cancel the said originally dedicated easements, ac-
cepting in lieu thereof such other easements proffered; NOW THERE-
FORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY-OFII
BAYTOWN:
Section 1. That the Mayor and City Secretary be, and
they hereby are authorized, directed and ordered, to execute�a cer-
tain instrument revoking and canceling certain easements heretofore
dedicated to the City in Wynnewood.Addition therein, and accepting
in lieu thereof other easements in said Addition, all as more fully
• set forth in such instrument itself in Section 2 hereof.
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Section 2. That such instrument of revocation and can-
cellation of said original easements:, and acceptance of other ease-
ments in lieu thereof, shall be in words and figures substantially
as follows, to -wit:
"THE STATE OF TEXAS:
COUNTY OF HARRIS:
WHEREAS, under date -of February 67 1947, Tri- Cities;
Homebuilders, Inc.; platted and dedicated a portion of a 84.19 acre
tract of land out of the William Scott Lower League in Harris County,
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Texas, into a subdivision known as "SECTION ONE OF WYNNEWOOD ADDI-
TION TO THE CITY OF PELLY" as shown by plat filed for record in the
office of the County Clerk of Harris County, Texas, under Document
No. 435692 and;
WHEREAS, under the heading of "PROTECTIVE COVENANTS"
paragraph No. 8, of the Dedication and Restrictions by Tri-- Cities
Homebuilders, Inc., dated February 61 1947, and recorded in Volume
1616, at Pages: 563 et seq of the Deed Records of Harris County,
Texas, covering Section One of Wynnewood Addition, to the City of
Pelly, the following easements are reserved, to -wits
"An easement is reserved over the rear 5 feet of each ,
lot for utility installation and maintenance, except
that over the rear of Lot Nos. Six (6) to Eight (8)2
. both inclusive, Block No. One (1); Lot Nos. One (1)
to Twenty- -three (23)t both inclusive, Block No. Two
(2)• Lot Nos. One (13 and Fifteen (15) to Twenty -one
(21�, both inclusive, Block No. Twelve (12); Lot Nos.
One (1) to Three (3); both inclusive, Seven (7) to
Ten (10), both inclusive, and Twenty (20), Block No.
Thirteen (13); and Lot Nos. One (1) to Eleven (11),
both inclusive, Block No. Fourteen (14); a ten foot
easement is reserved; and exce t that over the rear
of Lot Nos. One (1) to Five (5 , both inclusive,
Block No. One (1), a 15 foot easement is reserved;
and except that over the rear of Lot Nos. One (1) to
Twenty -four (24), both inclusive, .Block No.,Ten (10),
and Lot Nos. Twenty -one (21) to Thirty (30), both in-
elusive-1, Block No. Twelve (12), a 17.53 foot easement
is reserved along the sides of such lots as the same
is shown by the recorded plat; and each of said ease-
ments increases five feet in width with each five feet
in height over the surface of the ground until'a maxi-
mum width of twenty feet is obtained twenty feet above:
the surface."
WHEREAS UNDER date of May 20, 1947, Tri- Cities Home-
builders, Inc., platted and dedicated a portion of an 84.19 acre
tract of land out of the Willaim Scott Lower League in Harris County,
Texas, into a subdivision known as "SECTION TWO OF WYNNEWOOD ADDITION
TO THE CITY OF PELLY" as shown by plat filed for record in the office
of the County Clerk of Harris County, Texas, under Document No. 435693,
and;
WHEREAS, under the heading of "PROTECTIVE COVENANTS"
paragraph No. 81 of the Dedication and Restrictions by Tri- Cities
Homebuilders, Inc., dated May 209 19479 and recorded in Volume 1616 at
• Page 572 of the Deed Records of Harris County, Texas, covering Section
Two of Wynnewood Addition to the City of Pelly, the following ease-
ments are reserved, to -wit:
"An easement is reserved over the rear 5 feet of each lot
EKE
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for utility installation and maintenance, exceppt that
over the rear of Lot N -os. Six (6) to Eight (8), both
• inclusive, Block No. One (1); Lot-Nose One (1) to
Twenty -three (23), both inclusive, Block No. Two (2);
Lot Nos. One (1) and Fifteen (15) to Twenty -one -(:21),
both inclusive Block No. Twelve (12); Lot Nos. One
(1) to Three (33, both inclusive, Seven (7) to Ten (10)
both inclusive, and Twenty (20) Block No. Thirteen-(1'31;
and Lot-Nos. One (1) to Eleven t1l), both inclusive,
B lock No. Fourteen (14); a ten foot easement is reserv-
'ed; and except that over the rear of Lot Nos. One (1)
to Five (5), both inclusive, Block No. One (1), a 15
'foot easement is reserved; and except that over the
rear of-Lot Nos. One (1) to Twenty -four (24), both in-
clusive, Block No. Ten (10)9 and Lot Nos. Twenty -one
(21) to Thirty (30) both inclusive, Block No. Twelve
(12), a 17.53 foot easement is reserved; and an ease-
ment is reserved along the sides of such lots as the
same is shown by the recorded plat; and each of.said
easements increases five Peet in width with each five
feet in height over the surface of the ground until a
maximum width of twenty feet is obtained twenty feet
• above the surface."
and;
WHEREAS, under date of August 5, 1947, Tri- Cities Home -
builders, Inc., platted and dedicated a portion of an 84.19 acre
tract of land out of the Willaim Scott'Lower League: in Harris County,
Texas, into a subdivision known as "SECTION THREE OF WYNNEWOOD ADDI-
TION TO THE CITY OF PELLY" as shown by plat filed for record in the -
office of the County Clerk of Harris County, Texas, under Document
No. 468626, and;
WHEREAS, under the heading of "PROTECTIVE COVENANTS"
paragraph No. 81 of the Dedication and Restrictions by Tri - Cities
Homebuilders, Inc., dated August 51 1947, and recorded under County
Clerk's Document File No. 468627 of Harris County, Texas, covering
Section Three of Wynnewood Addition, to the City of Pelly, the follow-
ing easements are reserved, to -wit
"An easement is reserved over the rear 5 feet of each
lot for utility installation and maintenance, except
that over the-rear of Lot Nos. Six (6) to Eight (8),
both inclusive, Block No. One (1); Lot Nos. One (1)
to Twenty -three (23) both inclusive, Block No. Two
(2)' Lot Nos. One (1j and Fifteen (15) to Twenty -one'
(211 both inclusive, Block No. Twelve (12); Lot Nos.
One 11) to Three (3), both inclusive, Seven (7) to
Ten (10), both inclusive, and Twenty (20), Block No.
Thirteen (13); and Lot Nos. One (1) to Eleven (11)
both inclusive, Block No. Fourteen ("14); a ten foot
easement is reserved; and exce t that over the rear
of Lot Nos. One (1) to Five (53, both inclusive,
. Block No. One (1), a 15 foot easement is reserved;
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• and except that over the rear of Lot Nos. One-(1)
to Twenty -four (24)7 both inclusive, Block No. Ten
(10), and Lot Nos. Twenty -one (21) to-Thirty (30),
both inclusive, Block No. Twelve (12), a 17.53 foot
easement is reserved; and-an easement is reserved
along the sides of such lots as the same is shown
by the recorded Plat; and each of said easements in-
creases five Peet in width with each five feet in
height over the surface of the ground until a maxi-
mum width of twenty feet is obtained twenty feet
above the surface."
WHEREAS, under the heading of "PROTECTIVE COVENANTS"
paragraph No. 8, of the Dedication and Restrictions by Tri- Cities
Homebuilders, Inc., dated February 61 1947, and recorded in Volume
1616, at Pages-556 et seq of the Deed Records of Harris County,
Texas, covering all of the 84.19 acre tract out of and a part of
the William Scott Lower League in Harris County, Texas, lying North
and West of State Highway 146, except Sections One and Two of Wynne-
wood Addition to the City of Pelly, in Harris County, Texas, the
following easements are reserved, to -wit:
"An easement is reserved over the rear.5 feet of each
lot for utility installation and maintenance, exce t
that over the rear of Lot Nos. Six (6) to Eight (Bt
both inclusive, B lock No. One (1); Lot Nos. One (0
to Twenty- -three (23)tt both inclusive, Block No. Two
(2)• Lot Nos. One (11 and Fifteen (15) to Twenty -one
(213, both inclusive; Block'No. Twelve (12); Lots Nos.
One (1) to Three (3)9 both inclusive; Seven (7) to
Ten (10), both inclusive, and Twenty (20), Block No.
Thirteen (13); and Lot Nos. One (1) to Eleven (11),
both inclusive, B lock No. Fourteen (14); a ten foot
easement is reserved; and except that over the rear
• of Lots Nos. One (1) to Five (5), both inclusive,
Block No. One (1), a 15 foot easement is reserved;
and except that over the rear of Lot Nos. One (1) to
Twenty -four (24), both inclusive, Block No. Ten (10)9
and Lots Nos. Twenty -one (21) to Thirty'(30), both
inclusive, Block No. Twelve (12), a 17.53 foot ease-
ment is reserved; and an easement is reserved along
the sides of such lots as the same is shown by the re-
corded plat; and each of said easements increases
five feet in width with each five feet in height over
the surface of the ground until a maximum width of
twenty feet is obtained twenty feet above the surface."
WHEREAS, under date of June 19, 1947, Tri- Cities Home -
builders, Inc., conveyed a portion of Section One and Section Two
of Wynnewood Addition to the City of Pelly, in Harris County, Texas,
as shown by deed filed for record in the office of the County Clerk
of Harris County, Texas,. under Document No. 437045 to Goose Creek
Housing Company, Inc., and; ---
February 6,
WHEREAS, on', X21 1947, the City Council of the City
of Pelly, H arris County, Texas, accepted the Streets and easements.
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granted in the Dedication and Restrictions of Section One of Wynne-
0 wood Addition to the City of Pelly, in Harris County, Texas; and
WHEREAS, on May 22, 1947, the City Council of the City
of Pelly, Texas, accepted the Streets and easements granted in the
Dedication and Restrictions of Section Two of Wynnewood Addition to
the City of Pelly,�in Harris County, Texas; and
WHEREAS, on August 59 1947, the City Council of the
City of Pelly, Harris County, Texas, accepted the Streets and ease-
ments granted in the Dedication and Restrictions of Section Three
of Wynnewood Addition to the City of Pelly, in Harris County,
Texas; and
. -
WHEREAS, on
the
24th
day of
January,
1948, by vote, the
City of Pelly changed
its
name
to the
City of
"Baytown ".
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, we, Tri-
Cities Homebuilders, Inc., Goose Creek Housing Company, Inc., both
acting by its respective duly authorized officers, and the City of
Baytown, acting herein by its Mayor and attested by the City Secre-
tary, both acting under authorization of the City Council of the
City of Baytown, Harris County, Texas, by virtue of Ordinance Number
8 , dated February_ 12, 1248 , do hereby revoke and cancel
paragraph No. 8, under the heading of PROTECTIVE COVENANTS of each
of the Dedications and Restrictions; of Section One of Wynnewood
Addition to the City of Pelly, in Harris County, Texas, hereinabove
referred to; Of Section Two of Wynnewood Addition to the City of
Pelly, in Harris County, Texas, hereinabove referred to; of Section
Three:of Wynnewood Addition to the City of Pelly, in Harris County,
Texas, hereinabove referred to; and of all of the 84.19 acre tract
out of the William Scott Lower League in Harris County, Texas, here-
inabove referred to, and we hereby designate the following easements
in lieu thereof and to be taken as though the same were incorporated
in each of the foregoing Dedications and Restrictions as paragraph
No. 8 under the heading of "PROTECTIVE COVENANTS ":
118. An easement is reserved over the rear 5 feet of
each lot for utility installation and maintenance,
except that over the rear-of Lot Nos. Six (6) to'
Eight (8), both inclusive, Block No. One (1); Lot -
Nos. One (1) to Twenty -three (23), both inclusive
Block No. Two (2)Z• Lot Nos. One (1) and Fifteen (15)
to Twenty -one (21), both inclusive, Block No. Twelve
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(12); Lot Nos. One (1) to Three (3), both inclusive,
Seven (7) to Ten (10), both inclusive, and'Twenty
(20), Block No. Thirteen (13); and Lot Nos. One (1)
to Eleven (11), both inclusive, Block-No. Fourteen
(14), a ten foot easement is reserved; and except
that over rear of Lot Nos. One (1.) to Five (5),'
both inclusive, Block No. One (1), a 15 foot ease-
ment is reserved; and except that over the rear of
Lot Nos. One (1) to Twenty --four (24), both inclusive,
Block No. Ten (10), and Lot Nos. Twenty -one (21) to
Thirty (30), both inclusive, Block No. Twelve (12),
a 17.53 foot easement is reserved; and an easement
is reserved along the sides of such lots as the same
is shown by recorded plat; and each of-said ease-
ments shall increase five feet in width at a plane
20 feet above the surface of the ground, except that
said easements shall increase 10 feet in width at a
plane 20 feet above the surface of the round across
the rear of Lot Nos. Six (6) to Eight (9), both in-
clusive, Block No. One (1); Lot Nos. One (1) to
Twenty -three (23), both inclusive, Block No. Two (2);
® Lot Nos. One (1) and Fifteen (15) to Twenty -one (21),
both inclusive, Block No. Twelve-(12); Lot Nos. One
(1) to Three (3), both inclusive, Seven (7) to Ten
(10), both inclusive, and Twenty (20), Block No.
Thirteen (13); and Lot Nos. One (1) to Eleven (11),
both inclusive, Block No. Fourteen (14').
EXECUTED this day of February, A. D., 1948.
ATTEST:
Shannon L. Morris Secretary
• ATTEST:
Henry W. Spencer Secretary
ATTEST:
Secretary
THE STATE OF TEXAS:
COUNTY OF HARRIS :
TRI- CITIES HOMEBUILDERS, INC.
By:
Marvin M. Wynne President,
GOOSE CREEK HOUSING COMPANY, INC.
By:
Arthur Temple, Jr. Pres.
CITY OF BAYTOWN (formerly Pelly)
By:
Mayor.
BEFORE ME, the undersigned authority, a Notary Public,
in and for said - County and State, on this day personally appeared
Marvin M. Wynne, President of Tri- Cities Homebuilders, Inc., known
to me to be the person whose name is subscribed to the foregoing
instrument and acknowledged to me that the same was the act of the
said Tri - Cities Homebuilders, Inc., a corporation, and that he ex-
exuted the same as the act of such corporation for the purposes
and consideration therein expressed, and in the capacity therein
stated.
GIVEN under my hand and seal of office this the
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day of February, A. D., 1948.
THE STATE OF TEXAS:
COUNTY OF HARRIS :
Notary Public in and for
Harris County, Texas
BEFORE ME, the undersigned authority, a Notary Public
in and for said County and State, on this day personally appeared
Arthur Temple, Jr., President of Goose Creek Housing Company, Inc.,
known to me to be the person whose name is subscribed to the fore-
going instrument and acknowledged to me that the same was the act
of the said Goose Creek Housing Company, Inc., a corporation, and
that he executed the same as the act of such-corporation for the
purposes and consideration therein expressed, and in the capacity
therein stated.
GIVEN under my hand and seal of office this the
day of February, A. D., 19489
Notary Public in and for
Harris County, Texas,
THE STATE OF TEXAS:
COUNTY OF HARRIS :
BEFORE ME, the undersigned authority, a Notary Public
in and for said-County and State on this day personally appeared
E. D. Cleveland, Mayor of the City of Baytown, Down to me to be
the person whose name is subscribed to the foregoing instrument,
and acknowledged to me that the same was the act of said City of
Baytown, and that he executed the same as the act of such city for
the purposes and consideration therein expressed and in the capacity,
therein stated.
GIVEN under my hand and seal of office this the
day of February, A. D., 19480
Notary Public in and for
Harris County, Texas. n
Section 3. THAT this ordinance shall be in full force
and effect from and after its passage.
ADOPTED on first reading by a vote of _6 Ayes and 0
Nays, SIGNED and APPROVEJby the Mayor and attested by the City
Secretary, this the day of February, A. D., 19480
ATTEST.:
City Secretary
( SEAL )
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a
COUNTY OF HARRIS
STATE OF TEXAS
f
re me the
peared
published in Goos reek, Harris
attached, notice was published in
undersigned authority,
on this date personally came and ap-
duly recognized agent of The Daily Sun, a daily newspaper
County, Texas, and wh after being duly sworn, says that the
The Daily Sun of ----- _ ------------------------
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------------- 1+4 --- y-
Sworn and subscribed before me this _ -_ --- day !_ /_ /r/�'I��'_. ___________________ A. D. 194---7 ..
DI Vy' CI] tl O. 8 -- ,
.If \N ORDINANCE AMENDING AN J
ORDINANCE ADOPTED BY THE CITY - - -- ------ -T•"•-- ° °- - - ---
COUNCIL OF THE: CITY OF PELLY, Notary ui%e Harris County, Texas
TEXAS, ON THE 29th DAY OF NOVE \1 - Y -, Y
BER, A. D., 1937, AND ENTITLED:
•'AN. ORDINANCE: TERMED 'CITY OF
PELLY, TEXAS, LIQUOR CONTROL OR-
DINAItiCE', DEFINING THE MEANING 13EULAH MAE JACKSON
IOF TERyiS USED, CLASSIFYING PER- Nota Public.
`NUTS AND LICENSES ISSUABLE HERE- ry in and for Harris County, Texas
!UNDER. DISTINGUISHING: THE PER -
SONS TO WHOM ISSUABLE, FIXING
AND REGULATING THE PAYMENT OF
FEES THEREFOR. PRESCRIBING THE
I FORM THEREOF, AND THE CHARAC-
TERISTICS OF SUCH PERMITS AND
!LICENSES; SETTING FORTH ALL UN-
LAWFUL ACTS IN RELATION THERE-
TO AND PRESCRIBING THE PENALTY
FOR EACH: PROVIDING FOR CONVIC-
TION BY ACCOMPLICE'S UNCORROBO-•
RATED TESTIMONY; SEPARATING
AND SAVING ALL SUBDIVISIONS
FROM THE EFFECT OF HAVING ONE
OR MORE SUBDIVISIONS DECLARED
UNCONSTITUTIONAL OR I N V A L I D;
AND DECLARING AN EMERGENCY."
BY THE ADDITION OF APPROPR01TE
SECTIONS AND SUBSECTIONS THERE-
TO MAKING IT UNLAWFUL TO SELL
ANY ALCOHOLIC BEVERAGE ON, OR
KNOWINGLY SELL THE SAME FOR
CONSUMPTION ON, OR TO CONSUME
THE SAME ON, ANY PARK. PLAY-
GROUND, OR PREMISES USED FOR
RECREATIONAL PURPOSES OWNED
BY, OR UNDER THE CONTROL AND -OR
JURISDICTION OF, THE CITY OF PEL-
LY, TEXAS, OR THE GOOSE. CREEK
INDEPENDENT SCHOOL DISTRICT, OR
THE TRI- CITIES RECREATION COUN-
CIL: AND DECLARING AN EMER-
GENCY.
WILEREAS, the City of Polly, Texas,
Liquor' Control Ordinance does not provide
for the regulation oil prohibition of the -
sale and -or consumption of alcoholic bev-
Ierages on Parke. playgrounds and other
1 premises used for purely recreational pur-
poses that are owned by, or under the
' control and -or jurisdiction of public or
charitable" bodies within the City of Polly,
Texas; and "
WHEREAS, it is deemed to be In the
Public Interest and now here declared to
be In the public Interest to prohibit any
such sale and -or consumption; NOW,
THEREFORE:
BE IT ORDAINED BY THE CITY
COMMISSION OF THE CITY OF PELLY:
Section 1. THAT an Ordinance adopted
by the City Council of the City of PCIIY,
Texas, on the 2001 day of November, A.D..
1937, and entitled: "An Ordinance Termed
`City of Polly. Texas. Liquor Control Ordi-
nance', Defining The Meaning Of Terms
' Used, - Classifying Permits And Lleenses
! Issuable Hereunder.' Distinguishing The
p�orsons To Whom Issuable, Filing And
•Regulating The Payment of Fees There -
for. Proscribing The Form Thereof. And
The Characteristics Of Such Permits And
Licenses: Setting Forth All Unlawful Acts
In a tion Thereto And Prescribing The
i Penalty For Each: Providing For Con -
viction By ACCOm PIIce's Uncorroborated
Testimony; Separating And Saving All
Subdivisions From The Effect Of Having
One Or More Subdivisions Declared Un
constitutional Or lnvalid; And Declarinf;
An Emergency" be, and the same, hereb;.
Is amended In the following Particulars.
a. Section' 8 of said Ordinance 1s -
amended by adding thereto a new sub,
section to be known as Section 8 -c. whicl
! shall read as follows: "Used for an;
premises that constitute any park, play I
ground, or other premises used for roc
reational purposes that Is owned by, o•
under the control and -or' jurisdiction of
the City of Polly, Texas, the Goose Crew
Independent School District, or the TO -
Cities Recreational Council."
b. Section 9 -e or said Ordinance 1�
amended by adding thereto at the end o
isuch, sub- section a phrase which shat'
read as follows: "or to any person fo:
i consumption on the premises of any park
' playground, or other' promises used fo,
recreational purposes' that Is owned by. or
under the control and -or jurisdiction of
the City, of Polly. Texas, the Goose Creek
Independent School District, or the TTI-
Citics Recreational Council."
c. Said Ordinance Is amended by add
ing thereto a new section to be known w 1
Section 11 (1), which shall read as -fol•'
'lows! "THAT It shall be unlawful for any
! person to consume, any alcoholic beverageE
' on the Premises of any park, playground,((
or other premises 'used for recreational
purposes that Is owned by. or under the
control and -or jurisdiction of, the City of,
Polly. Texas. the Goose Creek Independent ,
School District. or the Tri- Cities Recrea -i
tional Council." "Any person guilty of any;
such violation, upon conviction, shall be
fined not less than Ten ($10.00) Dollar:
nor more than One Hundred ($100.00) Dol-
lars."
Section 2. TEAT this Ordinance shall
be effective, and be In full force and of-
,feet, from and after its passage and pub -
hcatiod.
t ° THE fact that the,City of Polly, Texas,
I Liquor Control Ordinance does itoi pro-
! vide for the regulation or prohibition of;
i the sale and -or consumption of alcoholic'
1j heverages.on parks, playgrounds anti other
premises itsed for purely recreational pur-
poses that are nyvoed by. or under the
,.control .and -or Jurisdiction of public on
._ tmcitable- bodies within the City of Pelly,ol
Texas, creates_aq eirltqgm,cy and an Ito= ,
'Perative .Public necessity requiring tile suspension of the rule that all ordinances
shall be read at more than one mectlag of
the City COmmission, and said rule is
t]tareforo hereby suspended, and this ardl-
�nancc Is placed upon Its first and final
reading, and It Is so ordained.
SIGNED AND APPROVED by the May-
or. tte5ted by the. City Secretary, this