Ordinance No. 1,525ORDINANCE NO.1525
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS,
SETTING FORTH A PROCEDURE FOR DISANNEXATION AND PROVIDING FOR
THE EFFECTIVE DATE HEREOF.
WHEREAS,the City Council of the City of Baytownadopted Resolution No.460
setting forth the policy for industrial districts;and
WHEREAS,in order to implement said policy,it is necessary to disannex
certain property located within the corporate citylimits;and
WHEREAS,in order to insure uniformity within industrial districts,a
disannexation procedure needs to be adopted by the City of Baytown;and
WHEREAS,no procedure exists for the disannexation of territory within
the Code of Ordinances of the City of Baytown;and
WHEREAS,Article 1175,V.A.T.S.,grants to cities the power to disannex;
and
WHEREAS,in order to exercise this power,the City Council of the City of
Baytown is desirous of implementing a uniform procedure for disannexation of
territory;NOW THEREFORE,
BEIT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN:
Section 1:That the City Council shall have power by ordinance to dis
annex territory situated within the corporate city limits.
Section 2:Upon the introduction of an ordinance for disannexation in
the City Council,it shall be published in the official newspaper ofBaytown
one time and shall not thereafter be finally acted upon until at least thirty
(30)days have elapsedafter the first publication thereof.
Section 3:Before the City may institute disannexation proceedings,the
City Council shall provide an opportunity for all interested persons to be heard
at a public hearing to be held not more than twenty (20)days nor less than ten
(10)days prior to institution of such proceedings.Noticeof such hearing
shall be published in a newspaper having general circulation in the City and
in the territory proposed to be disannxed.The notice shall be published at
least once in such newspaper not more than twenty (20)days nor less than ten
(10)days prior to the hearing.Disannexation of territory by the City shall
be brought to completion within ninety (90)daysof the date in which the
governing body of the City instituted disannexation proceedings orbenull and
void.Provided,however,any period of time during which the City is restrained
or enjoined from disannexing any such territory by a court of competent juris
diction,shall not be computed in such ninety-day limitation period.
Section 4:No disannexation may be acted upon where the proceeds of general
obligation bonds havebeen expended for capital improvements to serve the area
sought tobe disannexed.
Section 5:Effective Date:This ordinance shall take effect immediately
upon passage by the affirmative vote of the City Council of the City of Baytown.
INTRODUCED,READ and PASSED by the affirmative vote of the City Council
of the City of Baytown thislpth day of January .1974.
^=^z»l—
TOM GENTRY,Mayor
ATTEST:
EDNA OLIVER,City Clerk
APPROVED:
JON C.j PFENNIG,Assistant CityAttorney
DS0fi,Ci ty Attorney
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