Ordinance No. 1,039ORDINANCE NO. 1039
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN AU-
THORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST
A CONTRACT BETWEEN THE CITY OF BAYTOWN AND THE CITY OF MONT
BELVIEU PURSUANT TO THE PROVISIONS OF ARTICLE 970a, V.T.C.S.,
APPORTIONING THE OVERLAPPING EXTRATERRITORIAL JURISDICTION OF
BOTH CITIES, AND ESTABLISHING A MUTUALLY AGREED UPON BOUNDARY
LINE BETWEEN THE PRESENT AND FUTURE EXTRATERRITORIAL JURIS-
DICTIONS OF BOTH CITIES; STATING BY REFERENCE THE TERMS OF
SAID CONTRACT AND SPECIFICALLY APPROVING SAME; DECLARING AN
EMERGENCY; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the City Council hereby formally approves the
form and substance of a contract between the City of Baytown and the
City of Mont Belvieu, pursuant to the provisions of Article 970a, V.T.C.S.,
apportioning the overlapping extraterritorial jurisdiction of the said
cities, each city relinquishing a portion of its extraterritorial juris-
diction to the other to provide a mutually agreed upon common boundary
between the present and future extraterritorial jurisdictions of the two
cities. A copy of said contract is attached hereto for reference and
marked "Exhibit A ".
Section 2: That the City Council hereby formally approves
the description of the line agreed upon in said contract apportioning
the overlapping extraterritorial jurisdiction of the said cities, and
forming a common boundary between the two cities' respective extraterritorial
jursidictions.
Section 3: That the Mayor is hereby authorized and directed
to execute and the City Clerk to attest the said contract for and on behalf
of the City of Baytown.
Section 4: That the City Attorney is hereby directed to for-
ward an executed copy of the said contract, together with a certified
copy of this ordinance approving same, to the City of Mont Belvieu.
"ON&
Section 5: That the City Council hereby declares that a public
emergency existed requirinq that this speci'al meeting of the City Council
be called for the consideration of this ordinance.
Effective Date: This, ordinance shall take effect from and after
its passage by the City Council of the City of Baytown, Texas.
INTRODUCED, READ and PASSED by the affirmative vote of the
City Council of the City of Baytown this 3rd day of September, 1970.
C. -GLEN WALKER, Mayor
ATTEST:
EDNA OLIVER, City Clerk
WILLIAM R. LAUGHL I N Ci ty Avttorney
THE STATE OF TEXAS
COUNTY OF HARRIS )
THIS AGREEMENT is made and entered into this 3d day of
September, 1970, by and between the CITY OF BAYTOWN, a municipal corporation
of Harris County, Texas, duly organized and existing under the laws of
the State of Texas, and the CITY OF MONT BELVIEU, a municipal corporation
of Chambers County, Texas, duly organized and existing under the laws of
the State of Texas.
Upon the terms and conditions set forth in this Contract, the
CITY OF BAYTOWN and the CITY OF MONT BELVIEU hereby agree that it is the
mutual desire and intent of the governing bodies of both cities, pursuant
to Article 970a, V.T.C.S., to apportion the overlapping extraterritorial
jurisdictions of the cities of Baytown and Mont Belvieu for the mutual
convenience of such cities, to make the future expansion of municipal
services susceptible of comprehensive planning, and to facilitate the
planning of future extensions of the boundaries of both such cities,
and the said cities do hereby contract as follows:
The parties agree that portions of the extraterritorial juris-
dictions of both the cities of Baytown and Mont Belvieu overlap, as
that jurisdiction is defined in the Municipal Annexation Act, in an area
generally between the present corporate limits of such cities and it is
recognized by the governing bodies of both cities that certain natural
and man -made barriers will form a logical and reasonable boundary to any
future expansion of the cities of Baytown and Mont Belvieu toward each
other, and it is therefore deemed in the best interest of both the cities
of Baytown and Mont Belvieu that the extraterritorial jurisdiction of
such cities as provided for in Article 970a, V.T.C.S.,'shall hereby be
mutually apportioned by and between the two cities along the line des-
cribed in Section II of this contract.
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II.
The line dividing the extraterritorial jurisdiction of the
City of Baytown from the extraterritorial jurisdiction of the City of
Mont Belvieu is described in Exhibit "A ", attached hereto and made a
part of this agreement for all purposes.
III.
From and after the date of this Contract the CITY OF BAYTOWN
shall have exclusive extraterritorial jurisdiction, to the exclusion of
the CITY OF MONT BELVIEU, in that area to the South, West and Southwest
of the line described in Section II above.
IV.
From and after the date of this Contract the CITY OF MONT BELVIEU
shall have exclusive extraterritorial jurisdiction, to the exclusion of
the CITY OF BAYTOWN, in that area to the North, East and Northeast of the
line described in Section II above.
V.
That the CITY OF BAYTOWN does hereby waive any and all rights
it may have had prior to the date of this Contract concerning its ex-
traterritorial jurisdiction previously existing North, East and Northeast
of the land described in Section II above, and specifically GRANTS,
RELEASES, and CONFIRMS all such territory unto the CITY OF MONT BELVIEU,
and the CITY OF BAYTOWN further specifically recognizes any and all ex-
tensions of municipal boundaries by the CITY OF MONT BELVIEU in such
area, and further hereby relinquishes all claim which the CITY OF BAYTOWN
may have had prior to the date of this Contract, concerning the failure
of the CITY OF MONT BELVIEU to obtain the permission of the CITY OF
BAYTOWN for any such extensions.
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V1 r
Aw"P,
This Agreement sholl he executed in duplicate, either copy
of which shall be cons idured to be an original copy, by the Mayor of,
each City, attested by the City Secretary or City Clerk and under the
corporate seal of each said City,
IN TESTIMONY WHEREOF, the Cities of Baytown and Mont Belvieu
have authorized the execution of this Contract by the appropriate officials,
such authority having been granted by resolution or ordinance of the
respective governing bodies thereof.
CITY OF BAYTOW, TEXAS
By
C. GLEN WALKER, t,,l ay o r
ATTEST:
07
EDNA OLIVER, City Clerk
APPROVED:
WILL101 R. LAlJGHLIPJ, City A
ATTEST:
ee"
(,I C,
APPRIVEDI:
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CITY OF MONT BELVIEU, TEXAS
By
d,-6 I M —Y0- r
JAW-� 'E,
A "
EXHIBIT "A"
BEGINNING at a point in the north right of way line of Interstate High-
way 10, two miles east of the intersection of State Farm Market Road
2354 and Interstate Highway 10; said point being the extraterritorial
jurisdictional line of the City of Baytown;
THENCE, west along the north right of way line of Interstate Highway
10 to its intersection with the centerline of Cedar Bayou Stream;
THENCE, northwesterly along the meanders of the Cedar Bayou Stream
to the west right of way line of the Southern Pacific Railroad tract,
THENCE, northerly along the west right of way line of the said Southern
Pacific Railroad tract to its point of intersection with the easterly
right of way line of a Houstorr Light and Power Company fee strip;
THENCE, northwesterly along the said east right of way line of the
said Houston Light and Power Company strip to its point of intersection
with the westerly line of a municipal annexation completed by the City of
Mont Belvieu on June 8, 1970;
THENCE northerly along the said westerly line of such City of Mont
Belvieu annexation to a point which is beyond the extraterritorial juris-
diction of the City of Baytown. . ,
PROVIDED, HOWEVER, i't is specifically agreed and understood that the
City of Baytown is granted the exclusive jurisdiction of the Cedar Bayou
Stream, in all areas over which the City of Mont Belvieu might otherwise
have jurisdiction.
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