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Ordinance No. 893ORDINANCE NO. 9 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN DESIGNATING A PART OF THE AREA LOCATED WITHIN ITS EXTRATERRITORIAL JURISDICTION AS AN INDUSTRIAL DISTRICT, SAME TO BE KNOWN AS BAYTOWN INDUSTRIAL DISTRICT NO. 2, AS PROVIDED FOR BY THE TEXAS MUNICIPAL ANNEXATION ACT OF 1963; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. WHEREAS, the "Municipal Annexation Act" of 1963, being House Bill 13, Acts of the 58th Legislature, Regular Session, 1963, Article 970a, Vernon's Annotated Texas Statutes, expressly provides in Article I, Section 5 thereof, for the establishment of industrial districts by municipalities within their extra- territorial jurisdiction; and WHEREAS, the City Council of the City of Baytown wants to take advantage of such law for the mutual advantages to industries and the citizens of Baytown; and WHEREAS, after careful study and consideration, Council has determined that it shall be and it is in the public interest to designate a portion of its extraterritorial 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 within 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 NO. 1• BEGINNING at the Point of Intersection of the South right -of -way line of U. S. Highway 10 with the East right -of -way line of Sjolander Road; THENCE, Southerly along the East right -of -way line of Sjolander Road and being also the West line of Gulf Oil Corporation 66.583 -acre tract of land to the North line of Needlepoint Road; THENCE, Easterly along the North rigbt -of -way line of Needlepoint Road being also the center line of Cedar Bayou Stream; THENCE, Northerly with the meanders of the center line of Cedar Bayou Stream to the South right -of -way line of U. S. Highway 10; THENCE, Westerly along the South right -of -way line of U. S. Highway 10 to the POINT OF BEGINNING. TRACT NO. 2: BEGINNING at the Point of Intersection of the North right -of -way line of U. S. Highway 10 with the East right -of -way line of Sjolander Road; THENCE, Easterly along the North right -of -way line of U. S. Highway 10 to the center line of Cedar Bayou Stream; THENCE, Northerly with the meanders of the center line of Cedar Bayou Stream to the Northeast corner of that certain 16.059 -acre tract conveyed to Gulf Oil Corporation by J. M. Huber Corporation, as described in deed recorded in Volume 4964, at Page 354, of the Harris County Deed Records, Harris County, Texas; THENCE, Westerly along the North line of the aforementioned 16.059 -acre tract to the Northwest right -of -way line of the Dayton -Goose Creek Railroad; THENCE, Northeasterly along the Northwest right -of -way line of the Dayton -Goose Creek Railroad to the center line of the new dredged channel of Cedar Bayou Stream; THENCE, Northwesterly with the meanders of the center line of the new dredged channel of Cedar Bayou Stream to the most Northerly corner of that certain tract of land conveyed to Gulf Oil Corporation by S. R. Williams, as described in deed recorded in Volume 239, at Page 176, of the Chambers County Deed Records, Chambers County, Texas, said point also being in the center line of the old Cedar Bayou Stream; THENCE, Southerly with the meanders of the old Cedar Bayou Stream to the North line of that certain 650.78 -acre tract owned by Gulf Oil Corporation; THENCE, Westerly along the North line of the said 650.78 -acre tract to the East right -of -way line of Sjolander Road; THENCE, South 090 28' 15" West, over and across Sjolander Road, and continuing with the West line of the aforementioned 650.78 -acre tract; THENCE, North 800 30' 50" East along the South line of the aforementioned 650.78 acre tract a distance of 254.75 feet to the East right -of -way line of Sjolander Road; THENCE, Southerly along the East right -of -way line of Sjolander Road to the POINT OF BEGINNING. Section 2: The industrial district hereby designated and established shall be known as "Baytown Industrial District No. 2 ". 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 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 contracts or agreements 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 Treements of such nature in existence. Section 4: The City Council of the City of Baytown, Texas, hereby reserves and preserves all rights and powers of the City of Baytown with respect to such Industrial District, except as herein expressly otherwise stated. Section 5: Should any portion of the area herein designated as an Industrial District be not actually situated within the extraterritorial juris- diction 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 6: 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 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 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 28th day of September, A.D., 1967. Seaborn Cravey, Mayor ATTEST: r� Edna Oliver, City Clerk APPROVED: Geor e Chandler, City Attorney