Ordinance No. 428-A•
ORDINANCE NO. 428 -A
AN ORDINANCE CONTAINING ORDINANCE NO. 428, INTRODUCED
THE 27TH DAY OF JUNE, 1957, AND BEING: "AN ORDINANCE
ENLARGING AND EXTENDING THE BOUNDARY LIMITS OF THE
CITY OF BAYTOWN, TEXAS, AND ANNEXING ADDITIONAL ADJA-
CENT TERRITORY TO SAID CITY, ALL OF WHICH IS DESCRIBED
HEREIN; CONTAINING A SAVINGS CLAUSE, AND PROVIDING FOR
THE PUBLICATION OF THIS ORDINANCE IN THE MANNER PRO-
VIDED IN ARTICLE I, SECTION 9, OF THE CHARTER OF THE
CITY OF BAYTOWN"; PROVIDING FOR THE AMENDMENT OF SAID
ORDINANCE NO. 428 WITH RESPECT TO THE TERRITORY TO BE
ANNEXED AND FOR THE FINAL PASSAGE OF SAID ORDINANCE
IN AMENDED FORM PURSUANT TO SECTION 9, ARTICLE I, OF
THE CHARTER OF THE CITY OF BAYTOWN.
0 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN:
Section 1: That pursuant to Section 9,'Article I, of the City Charter,
said Ordinance No. 428, introduced to the City Council of the City of Baytown, on
the 27th day of June, 1957, shall be amended and so amended shall read as follows:
ORDINANCE NO. 428
AN ORDINANCE ENLARGING AND EXTENDING THE BOUNDARY LIMITS
OF THE CITY OF BAYTOWN, TEXAS, AND ANNEXING ADDITIONAL
ADJACENT TERRITORY TO SAID CITY, ALL OF WHICH IS DESCRIBED
HEREIN; CONTAINING A SAVINGS CLAUSE, AND PROVIDING FOR THE
PUBLICATION AND PASSAGE OF THIS ORDINANCE IN THE MANNER
PROVIDED IN ARTICLE I, SECTION 9, OF THE CHARTER OF THE
CITY OF BAYTOWN.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN:
Section 1: Intent G Purpose of this Ordinance: The City Council of the
City of Baytown, acting pursuant to Article I, Section 9 of the Charter of said
City hereby declares that it is necessary that the existing boundary limits of tha
City be extended to include the hereinafter described territory lying adjacent to
the City and that the existing boundary limits of the City be extended to in
such territory. The purpose and intent of this extension of the boundary iimi'-'s
of the City of Baytown is to take care of said City's present needs for additior_al
territory and the reasonably anticipated future growth and expansion of the City,
Is Section 2: That the boundary limits of the City of Baytown, Texas, be en-
larged and extended as hereinafter set out so as to include within the boundary
limits of said City, all that territory adjacent to said City within the following
described lines, to -wit:
• BEGINNING at a point in the Easterly right of way line of the Tri -
City Beach Road, said point being the point of intersection of said
Easterly right of way line with a line which runs from the point of
intersection of the West right of way line of Tri -City Beach Road
with the North line of Evergreen Road to the Southeast corner of
the Ashbel Smith [and Company's 1,923.38 acre tract of land;
•
CJ
THENCE, from the point of beginning, Northwesterly over and across
the Ashbel Smith Land Company's tract to the Southeast corner of
the Ashbel Smith Land Company, said corner being located on the
Westerly shore of Cedar Bayou Stream;
THENCE, Southerly following the meanders of the Westerly shore of
Cedar Bayou Stream to the Southeast corner of a 326.56 acre tract
of land owned or formerly owned by J. H. Phalen, A. M. Phalen,
Randolph Reed and D'Arcy M. Cashin, said corner being located in
the Bayou bend known as "Devil's Elbow ";
THENCE, Southwesterly following the Southerly boundary of the above-
mentioned tract of land to the Easterly right of way line of Tri -City
Beach Road;
THENCE, Northerly following the Easterly right of way line of Tri -
City Beach Road to the POINT OF BEGINNING.
1)
• Section 3: That the foregoing described additional territory and area so
annexed shall be a part of the City of Baytown, and the property so added to said
City shall bear its pro rata part of the taxes levied by the City of Baytown, and
the inhabitants thereof shall be entitled to all the rights and privileges of all
the citizens and shall be bound by th acts, ordinances, resolutions, regulations
and provisions of the Charter of the City of Baytown.
Section 4: That if any portion :or portions of the above described property
is validly included within the territorial limits of another city or town, then
such portion or portions of the above described territory is hereby excluded and
the remaining territory is hereby annexed to the City of Baytown and the boundary
limits of said City are hereby amended to conform to the boundary limits of such
other city or town or such other cities or towns along the area of the conflict.
Section 5: That if any portion or portions of the above described territory
legally may become included within the limits of another city or town, by reason
of a valid annexation ordinance heretofore introduced before the council, commis-
sion or other governing body of such city or town, then such portion or portions
of the above described territory is hereby excluded from the limits of the City of
Baytown and the remaining territory is hereby annexed to the City of Baytown and
the boundary limits of said City of Baytown are hereby amended to conform to the
boundary limits of such other city or town or such other cities or towns along the
® area of the conflict.
Section b: That if any legal impediment exists preventing the valid annexa-
tion of any portion of the above described territory to the City of Baytown, then
such portion of the above described territory is hereby excluded and the remaining
territory is hereby annexed to the City of Baytown and the boundary limits of said
City of Baytown are hereby amended to conform to the territory so annexed.
Section 7: If any provision, exception, section, paragraph, sentence, clause
or phrase of this ordinance or the application of same to any person or set of c.;r-
cumstances or to any particular tract or parcel of land, shall for any reason be
held unconstitutional, void or invalid, such invalidity shall not effect the valid ---
• ity of the remaining provisions of this ordinance or their application to other
persons or sets of circumstances or to other tracts or parcels of land included in
the territory hereinabove described in Section 2 of this ordinance.
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Section 8: That this ordinance upon and after its introduction shall be
published and finally acted upon in the manner provided in Article I, Section 9,
of the Charter of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of a majority of the
City Council of the City of Baytown on this, the 27th day of June, 1957.
s R. H. Pruett Major
ATTEST:
• /s/ Edna Oliver, City__Clerk
Section 2: That this ordinance,being ordinance No. 428 in amended form,
shall take effect from and after the date of its passage.
INTRODUCED, READ and PASSED by the affirmative vote of a majority of the
City Council of the City of Baytown on this, the 19th day of December, 1962.
ATTEST:
is t^J
Edna Oliver, City Clerk
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Al Clayto , Mayor