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Ordinance No. 886ORDINANCE NO. C86 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN DESIGNATING A PART OF THE AREA LOCATED WITHIN ITS EXTRA- TERRITORIAL JURISDICTION AS AN INDUSTRIAL DISTRICT, SAME TO BE KNOWN AS " BAYTOWN INDUSTRIAL DISTRICT NO. 1," AS PRO- VIDED FOR BY THE TEXAS MUNICIPAL ANNEXATION ACT OF 1963; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. WHEREAS, the "Municipal Annexation Act of 1963," being House Bill 13, Acts of the 58th Legislature, Regular Session, 1963, Article 970a, Vernon's Anno- tated Texas Statutes, expressly provides in Article I, Section 5 thereof, for the establishment of industrial districts by municipalities within their extraterritorial jurisdiction; and WHEREAS, the City Council of the City of Baytown wants to take advantage of such law for the mutual advantage to industries and the citizens of Baytown; and WHEREAS, after careful study and consideration, Council has determined that it shall be and is in the public interest to designate a portion of its extraterritor- ial jurisdiction as an industrial district to be treated with, from time to time, as the City Council may deem to be in the best interest of said City; NOW, THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN. Section 1: The hereinafter described unincorporated area now lying with- in and subject to the extraterritorial jurisdiction of the City of Baytown, Texas, as established by the Texas Municipal Annexation Act of 1963, is hereby designated as an industrial district of the City of Baytown, Texas, to -wit: Tract l: BEGINNING at the point of intersection of the West right of way line of Harbor Street with the North line of the Houston Lighting & Power Company tract in the City of Baytown, Wm- Scott Upper League, Harris County, Texas, said POINT OF BEGINNING being further described as situated South 32 degrees 19 minutes West a distance of 49. 5 feet from the point of intersection of the aforesaid street West right of way line and the North right of way line of Dayton Street, and said point of intersection of said streets described as lying North 20 degrees 28 minutes West a distance of 74.6 feet from the Northwest corner of Block 1 in Airhart Addition, Wm. Scott Upper League, Harris County, Texas, and said point of intersection of the aforesaid street property lines being known as point No. 35 in the City Limits of Baytown, formerly Pelly, as adopted by the City Council by ordinance dated April 17, 1947, said point of intersection being further identified by Humble Refinery Coordi- nate System as being North 5974.95 and West 1026. 11 and lying on the Southern boundary line of the Humble Oil & Refining Company Baytown Refinery Plant Site; - 1 - THENCE, North 32 degrees l8 minutes East into the private property of the aforesaid Humble Baytown Plant site with a line parallel to and 1.04 feet Easterly from the centerline of a private road identified as East Avenue and its Southern projection for a distance of 1795.04 feet to the centerline of a private road identified as Humble Street; THENCE, North 57 degrees 42 minutes West with the aforesaid center- line of Humble Street, 1043..49 feet to the centerline of a private road identified as Baytown Avenue; THENCE, North 32 degrees 18 minutes East with the aforesaid center- line of Baytown Avenue, 1636. 17 feet to the centerline of a private road identified as Fannin Street within the Baytown Refinery property; THENCE, North 57 degrees 42 minutes West with the aforesaid center- line of Fannin Street, 1075.40 feet to the centerline of a private roadway identified as San Jacinto Avenue; THENCE, North 32 degrees 18 minutes East approximately 1756.8 feet to the intersection of the centerline of the aforesaid San Jacinto Avenue and the South right of way line of the Wooster -Cedar Bayou Road; THENCE, South 86 degrees 13 minutes West a distance of 61. 87 feet along the South right of way line of the Wooster -Cedar Bayou Road to a point, said point being the intersection of the East property line of the Consolidated Chemical Property and the South right of way line of the Wooster -Cedar Bayou Road; THENCE, South 32 degrees 18 minutes West along the East property line of the Consolidated Chemical property, fifty feet from and parallel to the center- line of San Jacinto Avenue, a distance of 703. 52 feet to a point for corner; THENCE, North 57 degrees 42 minutes West along the Southwesterly property line of the Consolidated Chemical property a distance of 101..89 feet to a point for corner; THENCE, North 32 degrees 18 minutes East a distance of 629.26 feet to a point on the South right of way line of the Wooster -Cedar Bayou Road, and con- tinuing on the same course a distance of 12.37 feet to a point for corner, said point being ten feet perpendicularly from the South right of way line of the Wooster - Cedar Bayou Road; THENCE, North 86 degrees 13 minutes East, ten feet from and parallel to the South right of way line of the Wooster -Cedar Bayou Road a distance of 187.95 feet to a point for corner on the centerline of San Jacinto Avenue as projected across the Wooster -Cedar Bayou Road; THENCE, continuing Northerly with the centerline of the aforesaid San Jacinto Avenue and its deviations approximately 1392.$ feet to an angle point, said point being identified by the Humble Refinery Coordinance System as North 12, 568. 00 and West 3, 100. 00; THENCE, North 57 degrees 42 minutes West, 605.83 feet to an angle point; THENCE, North 32 degrees 18 minutes East, 300.00 feet to an angle point; THENCE, North 57 degrees 42 minutes West 849. 25 feet to an angle point; THENCE, North 32 degrees 18 minutes East 1234. 27 feet to a point in the Southwesterly right of way line of Decker Drive, said point being identified by the Humble Refinery Coordinate System as North 14, 102. 27 and West 4, 555.08; - 2 - THENCE, Northwesterly with the Southwesterly right of way line of Decker Drive to the point of intersection of the Southwesterly right of way line of Decker Drive with a line which is parallel to and 100 feet Southerly and perpendicu- lar to the North line of the Wm, Scott Upper League; THENCE, Westerly parallel to the North line of the Wm. Scott Upper League but Southerly and perpendicular 100 feet distance therefrom to a point, said point being situated South 00 degrees 40 minutes East 100 feet and North 89 degrees 28 minutes East 100 feet from the point of intersection of the North line of the Wm. Scott Upper League and the East line of the Steinman Tract; THENCE, South 00 degrees 40 minutes East parallel to the East line of the Steinman Tract but perpendicular 100 feet distance therefrom to a point opposite an angle point in the Steinman Tract line and continuing South 21 degrees 10 minutes West parallel to but Easterly 100 feet perpendicular to the East line of the Steinman Tract to the Northwest corner of Defense Plant Corporation 47.81 acre tract now owned by the United Carbon Company; THENCE, South 87 degrees 44 minutes East a distance of 674.0 feet; THENCE, South 02 degrees 16 minutes West a distance of 461. 0 feet; THENCE, North 87 degrees 44 minutes West a distance of 701. 50 feet; THENCE, South 02 degrees 16 minutes West a distance of 739.0 feet; THENCE, North 87 degrees 44 minutes West a distance of 579. 54 feet to the Southwest corner of aforesaid 47. 81 acre tract, said corner being situated 100 feet Easterly from the East line of Sweeney Subdivision; THENCE, Southwesterly over and across a 100 foot strip owned by the Humble Oil & Refining Company to the Northwest corner of Defense Plant Corpora- tion 81. 34 acre tract; THENCE, South 20 degrees 56 minutes West with the West line of said Defense Plant Corporation 81. 34 acre tract 1741.61 ft. to the Southwest corner of said 81. 34 acre tract, being situated in the North right of way line of Cedar Bayou - Wooster Road and perpendicular 40 feet from the East line of the Sweeney Subdivi- sion; THENCE, Southerly over and across Cedar Bayou - Wooster Road to the Northwest corner of Defense Plant Corporation 58. 299 acre tract; THENCE, South 20 degrees 52 minutes West with the West line of said Defense Plant Corporation 58. 299 acre tract at 491.91 feet the most Western corner of the Defense Plant Corporation tract and continuing on said line to the point of in- tersection of said West line of Defense Plant Corporation 58. 299 acre tract pro- jected South 20 degrees 52 minutes West and the Northeasterly right of way line of Market Street Road; THENCE, Southerly with the Northeasterly right of way line of Market Street Road to the point of intersection of the Northeasterly right of way line of Mar- ket Street Road and the South line of the Defense Plant Corporation 58. 299 acre tract projected North 87 degrees 44 minutes West; THENCE, South 87 degrees 44 minutes East past the Southwesterly corner of the Defense Plant Corporation 58. 299 acre tract, continuing South 87 degrees 44 minutes East 1733.75 feet to the West right of way line of the Houston North Shore Railroad; THENCE, South 11 degrees 43 minutes West with the West right of way line of said Houston North Shore Railroad to a point, said point further described as lying North 32 degrees 19 minutes East 715 feet from the North line of the Houston North Shore Railroad 8.8 acre easement projected North 57 degrees 41 minutes West; - 3 - THENCE, over and across Houston North Shore right of way line of which centerline is situated South 32 degrees 19 minutes East 854.64 feet, North 57 degrees 41 minutes West 6885. 5 feet, North 32 degrees 19 minutes East 619.62 feet, North 11 degrees 43 minutes East 133.9 feet from the Northeast corner of the Houston Lighting & Power Company tract, to the West line of the Humble Oil & Re- fining Company property continuing on a line situated North 32 degrees 19 minutes East 715 feet from the North line of the Houston North Shore Railroad 8. 8 acre easement to the point of intersection with the North line of said Houston Lighting & Power Company tract; THENCE, Easterly with the North line of said Houston Lighting & Power Company tract to the POINT OF BEGINNING. Tract Z: BEGINNING at the most Westerly Southwest corner of the Harvey Whiting Survey, being also the Northwest corner of the Wm. Scott Upper League; THENCE, Northerly along the West line of the Harvey Whiting Survey to the South right of way line of Baker Road; THENCE, Easterly along the South right of way line of Baker Road to a point of intersection with the Easterly right of way line of the Missouri Pacific Rail- road; THENCE, Southwesterly along the Easterly right of way line of the Miss- ouri Pacific Railroad, being also the Westerly property line of the Texas Eastern Transmission Corporation property, to a point of intersection with the Northeast line of the East Canal of the San Jacinto River Project; THENCE, in a Southeasterly, South and Southwesterly direction along the Westerly property line of the Texas Eastern Transmission Corporation property and the East line of the East Canal of the San Jacinto River Project to the South line of the Harvey Whiting Survey, same being the North line of the Wm. Scott Upper League; THENCE, in a Westerly direction along the South line of the Harvey Whit- ing Survey to the POINT OF BEGINNING. Section 2: The industrial district hereby designated and established shall be known as "Baytown Industrial District No. 1." Section 3: It is hereby declared to be the purpose of the City Council of the City of Baytown to treat with such area, from time to time, as such Council may deem to be in the best interest of the City including the power to enter into contracts or agreements with the owner or owners of land and suppliers of services, utilities leased or rented equipment and franchises in such Industrial District to guarantee the continuation of the extraterritorial status of such District and its immunity from annexation by the City for a period of time not to exceed seven (7) years and upon such other terms and considerations as the parties might deem appropriate. Such contract or agreement shall be evidenced in writing and may be renewed or extended for successive periods not to exceed seven (7) years each by the Council and the owner or owners of land in such Industrial District. It is recognized and hereby declared that there are now no contracts or agreements of such nature now in effect. -4- Section 4: The City Council of the City of Baytown, Texas, hereby re- serves and preserves all rights and powers of the City of Baytown with respect to such Industrial District, except as herein expressly otherwise stated and as other- wise provided by contract between the City and such companies within the Industrial District. Section 5: Should any portion of the area herein designated as an Indus- trial District be not actually situated within the extraterritorial jurisdiction of the City of Baytown, Texas, and not therefore capable of being so designated, such fact shall not affect the validity of this designation as to the remaining portions of said area. Section b: Repealing Clause: All ordinances or parts of ordinances in- consistent 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 respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 7: Savings Clause: If any provision, exception, section, sub- section, paragraph, sentence, clause or phrase of this ordinance or the application of same to any person or set of circumstances shall for any reason be held uncon- stitutional, void or invalid, such invalidity shall not affect the validity of the remain - :ag provisions of this ordinance or their application to other persons or sets of cir- cumstances and to this end, all provisions of this ordinance are declared to be severable. Section 8: Effective Date: This ordinance shall take effect from and after ten (10) days from its passage by the City Council. The City Clerk is hereby directed to give notice hereof by causing the caption of this ordinance to be published in the official newspaper of the City of Baytown at least twice within ten (10) days after the passage of this ordinance. INTRODUCED, READ and PASSED by the affirmative vote of a majority of the City Council of the City of Baytown on this 14th day of September, 1967. ATTEST: Edna Oliver, City Clerk APPROVED AS TO FORM: George Chandler, City Attorney - 5 - Seaborn Cravey, Maybr