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Ordinance No. 1,080ORDINANCE NO. 1080 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, BY THE AMENDMENT OF CHAPTER 14, GARBAGE AND TRASH, BY AMENDING SECTION 14 -15 THEREOF, SO AS TO ADD THERETO SUB - PARAGRAPH (6); REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the Code of Ordinances of the City of Baytown, Texas, is hereby amended by amending Chapter 14, Garbage and Trash, by the amendment of Section 14 -15 thereof, by the addition of Sub - paragraph (6) thereto, which shall read as follows, to -wit: Section 14 -15. Same - Ticket books; fees. (6) For the purpose of establishing fees for volumes of refuse not otherwise covered by the provisions of this Section, the sum of $0.25 per cubic yard shall be charged for refuse picked up within the City limits and the sum of $0.50 per cubic yard shall be charged for refuse picked up from out- side the City limits. Section 2: Repealing Clause: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 3: Savings Clause: If any provision, section, excep- tion, subsection, 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 unconstitutional, 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 4: Effective Date: This ordinance shall take effect from and after ten (10) days after 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 news- paper of the City of Baytown at least twice within ten (10) days after its passage. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown on this 25th day of March, 1971. C. GLEN WALKER, Mayor ATTEST: EDNA OLIVER, City Clerk APPROVED: WILLIAM R. LAUGHLIN, City A torney ORDINANCE NO. 1080—A AN ORDINANCE ABANDONING AND VACATING A CERTAIN PORTION OF MASSEY TOMPKINS ROAD RIGHT -OF -WAY, LYING WEST OF NORTH MAIN STREET, BAYTOWN, HARRIS COUNTY, TEXAS; AUTHORIZING THE ACCEPTANCE OF NEW RIGHT -OF- WAY IN LIEU OF RIGHT -OF -WAY HEREIN ABANDONED AND VACATED; COMTAINING PROVISIONS WITH REGARD TO THE CONVEYANCE TO THE CITY OF SUCH NEW RIGHT -OF -WAY; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND DELIVER CERTAIN CONVEYANCES; AUTHORIZING THE CITY ATTORNEY TO APPROVE SUCH CONVEYANCES; PROVIDING THAT SUCH TRANSACTION SHALL BE CONSUMMATED ON OR BEFORE MARCH 19, 1971 AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. WHEREAS, the following described right -of -way, representing a westerly extension of Massey Tompkins Road from its present termination at North Main Street in Baytown, Harris County, Texas, has never been improved, and is not now used by the public: All that certain tract or parcel of land in Harris County, Texas, out of the Harvey Whiting Survey A -840, being part of a 329.60 acre tract described in Deed from Annie T. Busch, et al to C. D. Massey dated October 29,E 1926 and recorded in Volume 700 at Page 187 of the Deed Records of Harris County, Texas, and more particularly described by metes and bounds as follows: BEGINNING at a point on the West line of said C. D. Massey 329.60 acres South 2 °03'02" West 3202 feet from the original Northwest corner of same on the North right -of -way line of Baker Road and South 2 003'02" West 3122 feet from an iron rod on the South right -of -way line of-said Baker Road for the Southwest corner of a 5.9516 acre tract described in right -of -way Deed from Gordon V. Lillie to County of Harris dated May 26, 1964 and recorded in Volume 5598 at Page 296 of the Deed Records of Harris County, Texas; THENCE, North 89 036'13" East with the North right -of -way line of said road (the original location of a 60 foot wide right -of -way projection or extension Westerly of existing Massey - Tompkins Road) 3266.67 feet to its intersection with the West right -of -way line of North Main Street (formerly known as Cedar Bayou- Lynchburg Road), said point being situated South 1 022'08" West 3055.85 feet from an iron rod on the South line of Baker Road at the Southeast corner of said County of Harris 5.9516 acre tract; THENCE, South 1 022'08" West with the West right -of -way line of said North Main Street (as same is now constructed) 60.03 feet to the South line of said extension; THENCE, South 89 036'13" West with said original Massey - Tompkins Road intersection with the West line of the South right -of -way line of Extension 3267.39 feet to its said C. D. Massey 329.6 acres; THENCE, North 2 °03'02" East with the West line of said 329.60 acres 60.05 feet to the PLACE OF BEGINNING containing 4.4998 acres being the same land described in right -of -way Deed from C. D. Massey, et al, to County of Harris recorded in Volume 807 at Page 573 of the Deed Records of Harris County, Texas. WHEREAS, all of the owners of property abutting or adjacent to the above described right -of -way have made application to the City requesting that the same be discontinued, closed and abandoned as a public street right -of -way, and that the dedication thereof as a public street right -of -way be cancelled and held for naught; and WHEREAS, the above mentioned property owners have offered to convey to the City additional right-of-way for the ultimate extension of Massey Tompkins Road in lieu of the right -of -way which they have petitioned to be abandoned; and WHEREAS, no interest of the public requires that the above described portion of Massey Tompkins Road right -of -way be improved as presently laid out, and the needs of the public will be adequately served by the relocation of Massey Tompkins Road as herein provided; and WHEREAS, the interest of the public will be benefited by the relocation of Massey Tompkins Road as herein provided; and WHEREAS, all utility facilities, if any, within the present right -of -way have been removed; and WHEREAS, it appears to be in the best interest of the City that the above described portion of Massey Tompkins Road right -of -way be discontinued, closed and abandoned as public right -of -way, and that the acceptance of the conveyance to the City of additional right --of- way for the relocation of Massey Tompkins Road is likewise in the best interest of the City, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN: Section 1; That the above described portion of Massey Tompkins Road right -of -way be, and the same is hereby, discontinued and abandoned for public use, and the City of Baytown does for itself and for the public abandon and quitclaim all interest in and to the above described portion of such right -of -way and does hereby approve the application of the owners -2- of property abutting said right of way for its abandonment. The Mayor is hereby authorized to execute and the City Clerk to attest appropriate conveyances of said right -of -way to the owners of property abutting the same. Section 2: That the City of Baytown hereby agrees to accept conveyances to the City of an easement for street, road, highway and utility purposes in lieu of the right -of -way hereinabove abandoned, the same being fully described in Exhibit "A" attached hereto and made a part hereof for all purposes. Section 3: The conveyance of the right -of -way described in Section 2 hereof is accepted with the understanding that the abutting property owners are to be responsible for the entire costs of the improvement of Massey Tompkins Road according to applicable City standards. Section 4: That the City Attorney is hereby authorized and directed to have a certified copy of this ordinance placed with such conveyances, and to have such conveyances and certified copies of this ordinance recorded together in the Deed Records of Harris County, Texas. The City Attorney is further authorized and directed to cause the consummation of the matters described herein and to approve and deliver instruments with regard to the same as he shall deem appropriate. Section 5: This ordinance shall become effective on March 19, 1971, provided that the conveyances to the City have been executed and delivered and all matters to be consummated have been fully accomplished in the opinion of the City Attorney. In the event that such conveyances have not been delivered, the provisions of this ordinance shall not take effect until further official action by the City Council ratifying and approving any action taken beyond such date. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown, Texas, on thi 11 h day of March, I9 1. 4�aL-'� � L�� , r ATT Mayor EDNA OLIVER, City Clerk XZR 0 V1 WILLIAM R. LAUGHLIN, City Atto ey All that certain tract or parcel of land out of the Harvey Whiting Survey, Abstract No. 840, Harris County, Texas, and being a part of a 114.366 acre tract described as Tract I in Deed dated September 21, 1970, from Alvin Charles Sue, Trustee, to S/C Management Company and recorded in Volume 8158 at Page 74 et seq. of the Deed Records of Harris County, Texas, said tract being described by metes and bounds as follows, to -wit: BEGINNING at the Southeast corner of said 114.366 acre tract as described and located in the aforementioned Deed; THENCE North 0 deg. 30 min. 48 sec. East along the original West right -of -way line of Cedar Bayou- Lynchburg Cut -off Road.(now North Main Street) and along the East line of a 10 -foot wide strip of land described in roadway easement dated November 11, 1966, executed by Gordon V. Lillie to the City of Baytown and recorded in Volume 6601 at Page 493 et seq, of the Deed Records of Harris County, Texas, a distance of 986.11 feet to an angle point in said right -of -way; THENCE North 01 deg. 22 min. 08 sec. East continuing along the original West right -of -way line of Cedar Bayou - Lynchburg Road (now North Main Street) and along the East line of the aforementioned 10 -foot wide strip of land a distance of 113.57 feet to a 5/8 -inch iron rod set for POINT OF BEGINNING and Southeast corner of tract herein described; THENCE North 88 deg. 37 min. 52 sec. West a distance of 10 feet to a point in the West line of the aforementioned 10 -foot wide strip of land; THENCE North 43 deg. 37 min. 31 sec. West a distance of 14.15 feet to an ,angle point; THENCE. North 88 deg. 37 min. 52 sec. West a distance of 190.00 feet to the Beginning of a curve; THENCE Westerly following a curve to the right having a radius of 2,050.00 feet and a central angle of 07 deg. 16 min. a curvilinear distance of 260.12 feet to the end of said curve; THENCE North 81 deg. 21 min. 52 sec. blest a distance of 301.49 feet to the beginning of a curve; THENCE Westerly following a curve to the left having a radius of 2,841.40 feet and a central angle of 08 deg. 31 min. 43 sec. a curvilinear distance of 422.95 feet to the end of said curve; THENCE North 89 deg. 53 min. 35 sec. blest parallel to the South line of Tract I as described in the aforementioned Deed, passing at 849.80 feet the centerline of the East fork of Goose Creek Stream, and continuing on said course a total distance of 2,074.60 feet, more or less, to an iron stake set for Southwest corner of tract herein described in the West line of the 114.366 acre tract above mentioned and being in the East line of a tract of land conveyed by Deed dated June 16, 1945 from M. M. Hall to G. F. Ki tzman, Jr.; THENCE North 02 deg. 56 min. 11 sec. East along the blest line of the 114.366 acre tract above mentioned and along the East line of the tract previously conveyed to G. F. Kitzman, Jr., a distance of 80.05 feet to an iron stake set for Northwest corner of tract herein described; THENCE South 89 deg. 53 min. 35 sec. East parallel to the South line n of aforementioned 114.366 acre tract a distance of 2,071.88 feet to the beginni ng of a curve; THENCE Easterly with a curve to the right having a radius of 2,921.40 feet and a central angle of 08 deg. 31 min. 43 sec. a distance of 434.87 feet to the end of said curve; THENCE South 81 deg. 21 min. 52 sec. East a distance of 143.49 feet to the beginning of another curve; THENCE Easterly with a curve to the left, having a radius,of 1,968.46 feet and a central angle of 07 deg. 16 min. a distance of 249.77 feet to the end of said curve; THENCE South 88 deg. 37 min. 52 sec. East a distance of 346.93 feet to an angle point; THENCE North 46 deg. 22 min. 29 sec. East a distance of 14.15 feet; THENCE South 88 deg. 37 min. 52 sec. East a distance of 10 feet, more or less, to an iron stake set in the original West right -of -way line of Cedar Bayou - Lynchburg Road (now North Main Street) for Northeast corner of tract herein described; THENCE South 01 deg. 22 min. 08 sec. West along the original West right -of- way line of Cedar Bayou- Lynchburg Road (now North Main Street) a distance of 120 feet, more or less, to the POINT OF BEGINNING and containing within these metes and bounds 6.1723 acres of land, more or less, and describing a tract of land to be used for the relocation of Massey- Tompkins Road. EXHIBIT "A" ORDINANCE NO. 1080 -A AN ORDINANCE ABANDONING AND VACATING A CERTAIN PORTION OF MASSEY TOMPKINS ROAD RIGHT -OF -WAY, LYING WEST OF NORTH MAIN STREET, BAYTOWN, HARRIS COUNTY, TEXAS; AUTHORIZING THE ACCEPTANCE OF NEW RIGHT-OF- WAY IN LIEU OF RIGHT -OF -WAY HEREIN ABANDONED AND VACATED; CONTAINING PROVISIONS WITH REGARD TO THE CONVEYANCE TO THE CITY OF SUCH NEW RIGHT -OF -WAY; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND DELIVER CERTAIN CONVEYANCES; AUTHORIZING THE CITY ATTORNEY TO APPROVE SUCH CONVEYANCES; OFFICIALLY CONFIRMING, RATIFYING AND APPROVING ACTION HERETOFORE TAKEN BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, UNDER THE PROVISIONS OF ORDINANCE NO. 1080, ADOPTED BY THE CITY COUNCIL ON MARCH 11, 1971; PROVIDING FOR THE EFFECTIVE DATE HEREOF. WHEREAS, the following described right -of -way, representing a westerly extension of Massey Tompkins Road from its present termination at North Main Street in Baytown, Harris County, Texas, has never been improved, and is not now used by the public: All that certain tract or parcel of land in Harris County, Texas, out of the Harvey Whiting Survey A -840, being part of a 329.60 acre tract described in Deed from Annie T. Busch, et al to C. D. Massey dated October 29, 1926 and recorded in Volume 700 at Page 187 of the Deed Records of Harris County, Texas, and more particularly described by metes and bounds as follows: BEGINNING at a point on the West line of said C. D. Massey 329.60 acres South 2 °03'02" West 3202 feet from the original Northwest corner of same on the North right -of -way line of Baker Road and South 2 °03'02" West 3122 feet from an iron rod on the South right -of -way line of said Baker Road for the Southwest corner of a 5.9516 acre tract described in right -of -way Deed from Gordon V. Lillie to County of Harris dated May 26, 1964 and recorded in Volume 5598 at Page 296 of the Deed Records of Harris County, Texas; THENCE, North 89 036'13" East with the North right -of -way line of said road (the original location of a 60 foot wide right -of -way projection or extension Westerly of existing Massey - Tompkins Road) 3266.67 feet to its intersection with the West right -of -way line of North Main Street (formerly known as Cedar Bayou- Lynchburg Road), said point being situated South 1 022'08" West 3055.85 feet from an iron rod on the South line of Baker Road at the Southeast corner of said County of Harris 5.9516 acre tract; THENCE, South 1 °22'08" West with the West right -of -way line of said North Main Street (as same is now constructed) 60.03 feet to the South line of said extension; THENCE, South 89 °36'13" West with the South right -of -way line of said original Massey - Tompkins Road Extension 3267.39 feet to its intersection with the West line of said C. D. Massey 329.6 acres; THENCE, North 2 003'02" East with the West line of said 329.60 acres 60.05 feet to the PLACE OF BEGINNING containing 4.4998 acres being the same land described in right -of -way Deed from C. D. Massey, et al, to County of Harris recorded in Volume 807 at Page 573 of the Deed Records of Harris County, Texas. WHEREAS, all of the owners of property abutting or adjacent to the above described right of way have made application to the City requesting that the same be discontinued, closed and abandoned as a public street right -of -way, and that the dedication thereof as a public street right -of -way be cancelled and held for naught; and WHEREAS, the above mentioned property owners have offered to convey to the City additional right -of -way for the ultimate extension of Massey Tompkins Road in lieu of the right -of -way which they have petitioned to be abandoned; and WHEREAS, no interest of the public requires that the above described portion of Massey Tompkins Road right -of -way be improved as presently laid out, and the needs of the public will be adequately served by the relocation of Massey Tompkins Road as herein provided; and WHEREAS, the interest of the public will be benefited by the relocation of Massey Tompkins Road as herein provided; and WHEREAS, all utility facilities, if any, within the present right -of -way have been removed; and WHEREAS, it appears to be in the best interest of the City that the above described portion of Massey Tompkins Road right -of -way be discontinued, closed and abandoned as public right -of -way, and that the acceptance of the conveyance to the City of additional right -of -way for the relocation of Massey Tompkins Road is likewise in the best interest of the City, NOW= THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN: Section'l: That the above described portion of Massey Tompkins Road right -of -way be, and the same is hereby, discontinued and abandoned for public use, and the City of Baytown does for itself and for the public abandon and quitclaim all interest in and to the above described portion of such right -of -way and does hereby approve the application of the owners of property abutting said right -of -way for its abandonment. The Mayor is hereby authorized to execute and the City Clerk to attest appropriate conveyances of said right -of -way to the owners of property abutting the same. -2- Section 2 That the City of Baytown hereby agrees to accept conveyances to the City of an easement for street, road, highway and utility purposes in lieu of the right -of -way hereinabove abandoned, the same being fully described in Exhibit "A" attached hereto and made a part hereof for all purposes. Section 3. The conveyance of the right -of --way described in Section 2 hereof is accepted with the understanding that the abutting property owners are to be responsible for the entire costs of the improvement of Massey Tompkins Road according to applicable City standards. Section 4:. That the City Attorney is hereby authorized and directed to have a certified copy of this ordinance placed with such conveyances, and to have such conveyances and certified copies of this ordinance recorded together in the Deed Records of Harris County, Texas. The City Attorney is further authorized and directed to cause the consummation of the matters described herein and to approve and deliver instruments with regard to the same as he shall deem appropriate. Section 5.. This ordinance has been adopted by the City Council of the City of Baytown for the purpose of formally ratifying and approving action heretofore contemplated by the provisions of Ordinance No. 11080 adopted by the City Council on the 11th day of March, 1971, but the provisions of such ordinance not having been consummated and carried out until after the date of March 19, 1971 therein specified. All action heretofore taken by and under the provisions of the said Ordinance No. 1080 is hereby officially confirmed, ratified and approved. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown,. Texas, on this 22nd day of April, 1971. ATTEST C. GLEN WALKER, Mayor d� C EDNA OLIVER, City Clerk APPR VED: R. UG N, qty orney All that certain tract or parcel of land out of the Harvey Whiting Survey, Abstract No. 840, Harris County, Texas, and being a part of a 114.366 acre tract described as Tract I in Deed dated September 21, 1970, from Alvin Charles Sue, Trustee, to S/C Management Company and recorded in Volume 8158 at Page 74 et seq, of the Deed Records of Harris County, Texas, said tract being described by metes and bounds as follows, to -wit: BEGINNING at the Southeast corner of said 114.366 acre tract as described and located in the aforementioned Deed; THENCE North 0 deg. 30 min. 48 sec. East along the original West right -of -way line of Cedar Bayou - Lynchburg Cut -off Road. (now North plain Street) and along the East line of a 10 -foot wide strip of land described in roadway easement dated November 11, 1966, executed by Gordon V. Lillie to the City of Baytown and recorded in Volume 6601 at Page 493 et seq, of the Deed Records of Harris County, Texas, a distance of 986.11 feet to an angle point in said right -of -way; THENCE North 01 deg. 22 min. 08 sec. East continuing along the original blest right- of -way line of Cedar Bayou- Lynchburg Road (now North Main Street) and along the East line of the aforementioned 10 -foot wide strip of land a distance of 113.5/ feet to a 5/8 -inch iron rod set for POINT OF BEGINNING and Southeast corner of tract herein described; THENCE North 88 deg. 37 min. 52 sec, k,,est a distance of 10 feet to a point in the blest line of the aforementioned 10 -foot wide strip of land; THENCE North 43 deg. 37 min. 31 sec, West a distance of 14.15 feet to an ,angle point; THENCE North 88 deg. 37 min. 52 sec. Test a distance of 190.00 feet to the Beginning of a curve; THENCE Westerly following a curve to the right having a radius of 2,050.00 feet and a central angle of 07 deg, 16 min, a curvilinear distance of 260.12 feet to the end of said curve; THENCE North 81 deg. 21 min. 52 sec. West a distance of 301,49 feet to the beginning of a curve; THENCE Westerly following a curve to the left having a radius of 2,841.40 feet and a central angle of 08 deg. 31 min. 43 sec, a curvilinear distance of 422,95 feet to the end of said curve; : THENCE North 89 deg. 53 min. 35 sec. lest parallel to the South line of Tract I as described in the aforementioned Deed, passing at 849.80 feet the centerline of the East fork of Goose Creek Stream, and continuing on said course a total distance of 2,074.60 feet, more or less, to an iron stake set for Southw•,est corner of tract herein described in the 11,Iest line of the 114.366 acre tract above -mentioned and being in the East line of a tract of land conveyed by Deed dated June 16, 1945 from M. M. Hall to G. F. Ki tzman, Jr.; THENCE North 02 deg. 56 min. 11 sec. East along the blest line of the 114.366 acre tract above mentioned and along the East line of the tract previously conveyed to G. F. Kitzman, Jr., a distance of 80.05 feet to an iron stake set for Northwest corner of tract herein described; THENCE South 89 deg. 53 min. 35 sec. East parallel to the South line of aforementioned 114.366 acre tract a distance of 2,071,88 feet to the beginning of a curve; THENCE Easterly with a curve to the right having a radius of 2,921.40 feet and a central angle of 08 deg. 31 min. 43 sec. a distance of 434.87 feet to the end of said curve; THENCE South 81 del. 21 min. 52 sec. East a distance of 143.49 feet to the beginning of another curve; THENCE Easterly with a curve to the left, having a radius of 1,968.46 feet and a central angle of 07 deg. 16 min. a dist�.nce of 249.77 feet to the end of. said curve; THENCE South 88 deg. 37 min. 52 sec. East a distance of 346.93 feet to an angle point; THENCE North 46 deg. 22 min. 29 sec. East a distance of 14.15 feet; THENCE South 88 deg. 37 min. 52 sec. East a distance of 10 feet., more or less, to an iron stake set in the original !,lest right- cf -way line of Cedar Bayou- - Lynchburg Road (nova Horth Main Street) for Northeast corner of tract herein described; THENCE South 01 deg. 2? min. 08 sec. ',lest along the original .Nest right-of- way line of Cedar Bayou - Lynchburg Road (now north ,Fain Street) a distance of 120 feet, more or less, to P01HT OF SFG1il7i1n1G and containing '.rithin these 7--_2 s and bounds 6.1723 acres of land, more cr less, and describing a tract of land to be used for the relocation of '4assey- 'c,,pkins Road. EXHIC'T "A"