Ordinance No. 788ORDINANCE NO, 788
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN GIVING ITS
WRITTEN CONSENT AND PERMISSION FOR CERTAIN PERSONS RESIDING OUTSIDE
THE CORPORATE LIMITS BUT WITHIN THE TWO (2) MILE EXTRATERRITORIAL
JURISDICTION OF SUCH CITY TO INCORPORATE; PROVIDING THAT SUCH CON-
SENT AND PERMISSION ARE CONDITIONAL; DEFINING SUCH AREA; REPEALING
ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE ANO
PROVIDING FOR THE EFFECTIVE DATE HEREOF.
;-,`fiElri?AS, tb2 City of Baytown is a Noma Rule City operating pursuant
to its City Charter and thi laws aprlAcable to it; and,
WTEREAS, among other things, it has certain rights of annaxat _on;
and,
WEEREAS, under Article 977a, Vernon's Annotated Revised Civil statutes
of 'texas, generally referr d to as the "Municipal Annexation Act "; and,
WREREAS, such Municipal Anne ation Act astablishes ixtratayritori.al
jurisdiction foi the various si.zod Cities of Texas; and,
A[HERLAS, the City of Baytown has a population between 25,001 and
50,000 and has an extraterritorial jurisdiction of two (2) riles; anri,
ATER AS, no City may be incorporated within such extraterritorial
jurisdiction of Baytown without the written consent of its City Council; anti,
4HEREK, certain resident voters Within such axtrawrritor Kal. juris-
diction desire to incorporate a City; any{,
VAEREAS, tha City Council o! the City of Baytown is willnng to g0e
its consent and pdrmi.ssion for such incorporation; NOW, THEREFORE,
BE IT Oz.1 AINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN:
Section l: That pursuant to the Texas Municipal Annoxation Act, th._
City Council of the City u.f Baytown harehy giv;as its written consent and per-
CLss'_on for LUC Ve dant voters of an area genii ai ly r =_ f,2rrer? to as Tri -C-Lty
Eeacb Co in,.orporato a City, a portion K wuch proposed City tieing within
Baytownos 3 :• ;h rat' : "I a.f.7_1a :.1 urisdIction. khat sucii area over ,Arch Baytown has
jurisdiction is on th's Southeast side Tr—City Beach Road and bat San such
road and T,:'r,,• Q 3ay .
It s.."; Ypi sal% provided thaL ouch consent and permission aia condi-
tional, to -wk: ThaL Aaytown i.6 giving t his consent with the understanding and
agreom nt that tba "eatiant voters C such area, should a n incorporation a
successful, shall co- operate with the City of Baytown In its present and pro-
posed strip annexation along Tri -City Beach Road in a Northerly direction.
Sanction 8: Rapaaling Clause: All ordinances or parts of ordinances
inconsist -ant with the terms of this ordinance ara hereby repealed; provided,
hov::v`r, that such repeal shall ba only to the extijnt of such inconsistency, and
In all other respects this ordinance shall be cumulative of other ordinances
regulating and governing th4,_ subject natter covered by this ordinance.
Section 9: Savings Clause: if any provision, exception, section, sub-
section, paragraph, sentence, clause or phras2 of this ordinance or the applica-
tion of same to any parson or set of ci.rcumstancas, shall for any reason be held
unconstitutional, void or invalid, such invaltdii.ty shall not affect the validity
of tha remaining provisions of this ordinance or their applicat ion to othsir
persons or sets of circumstances and to this end, all provisions of this ordinance
arc, d, *clarwd to be sevc =cable.
Section 10: Effactiva Date: This ordinance shall take effect From and
after its passage by the City Council.
INTRODUCED, READ and PASSED by the affirmative vote of a majority of the
City Council of the City of Baytown, on this the 24th day of March, 1966.
Seaborn Cravey, Mayo
ATTEST:
Edna 0117-e... , C7: .ty Cl,_ Lk�
APPROVED:
G orge Ch #AdLr, City A:tornay
4100
ORDINANCE NO. 788 (//////
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
GIVING ITS WRITTEN CONSENT AND PERMISSION FOR CERTAIN
PERSONS RESIDING OUTSIDE THE CORPORATE LIMITS BUT WITH-
IN THE TWO (2) MILE EXTRATERRITORIAL JURISDICTION OF SUCH
CITY TO INCORPORATE ; PROVIDING THAT SUCH CONSENT AND PER-
• MISSION ARE CONDITIONAL; DEFINING SUCH AREA; REPEALING
ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS
CLAUSE AND PROVIDING FOR THE EFFECTIVE DATE HEREOF .
WHEREAS , the City of Baytown is a Home Rule City
operating pursuant to its City Charter and the laws applicable
to it; and,
WHEREAS , among other things , it has certain rights of
annexation; and ,
WHEREAS , under Article 970a, Vernon ' s Annotated Re-
vised Civil Statutes of Texas , generally referred to as the
"Municipal Annexation Act" ; and,
WHEREAS , such Municipal Annexation Act establishes
- extraterritorial jurisdiction for the various sized Cities of
Texas ; and,
WHEREAS , the City of Baytown has a population between
25 , 000 and 50 , 000 and has an extraterritorial jurisdiction of
two (2) miles ; and,
WHEREAS , no City may be incorporated within such ex-
traterritorial jurisdiction of Baytown without the written consent
of its City Council; and,
WHEREAS , certain resident voters within such extra-
territorial jurisdiction desire to incorporate a City; and,
WHEREAS , the City Council of the City of Baytown is
willing to give its consent and permission for such incorporation;
NOW, . THEREFORE ,
I
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN :
Section 1 : That pursuant to the Texas Municipal Annex-
ation Act, the City Council of the City of Baytown hereby gives
its written consent and permission for the resident voters of an
4157
area generally referred to as Tri-City Beach to incorporate
a City , a protion of such proposed City being within Baytown ' s
extraterritorial jurisdiction. That such area over which
Baytown has jurisdiction is on the Southeast side of Tri-City
Beach Road and between such road and Trinity Bay .
It is expressly provided that such consent and per-
mission are conditional , to-wit: That Baytown is giving this
consent with the understanding and agreement that the resident
voters of such area, should an incorporation be successful ,
shall co-operate with the City of Baytown in its present and
proposed strip annexation along Tri-City Beach Road in a North-
erly direction.
Section 8 : Repealing Clause : All ordinances or parts
of ordinances inconsistent with the terms of this ordinance are
hereby repealed; provided , however , that such repeal shall be
only to the extent of such inconsistency, and in all other re-
spects this ordinance shall be cumulative of other ordinances
regulating and governing the subject matter covered by this
ordinance .
Section 9 : Savings Clause : If any provision, ex-
ception , section, subsection , paragraph , sentence , clause or
phrase of this ordinance or the application of same to any per-
son or set of circumstances , shall for any reason by held un-
constitutional , void or invalid, such invalidity shall not affect
the validity of the remaining provisions of this ordinance or
their application to other persons or sets of circumstances and
to this end , all provisions of this ordinance are declared to
bey-severable .
Section 10 : Effective Date : This ordinance shall
take effect from and after its passage by the City Council.
INTRODUCED, READ and PASSED by the affirmative vote
of a majority of the City Council of the City of Baytown, on
this the 24th day of March, 1966 "^----
•
Seaborn Cravey , yor
ATTEST :
Z. 7
Edna Oliver , City Clerk
AOVED :
6L.J
George Cha} dler, City Attorney