Ordinance No. 4,13450425 -1
ORDINANCE NO. 4134
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO
ATTEST TO A CONTRACT BETWEEN THE CITY OF BAYTOWN AND
THE CITY OF COVE PURSUANT TO THE PROVISIONS OF ARTICLE
970a, V.T.C.S., APPORTIONING THE OVERLAPPING EXTRA-
TERRITORIAL JURISDICTION OF BOTH CITIES, AND ESTABLISHING A
MUTUALLY AGREED UPON BOUNDARY LINE BETWEEN THE PRESENT
AND FUTURE EXTRATERRITORIAL JURISDICTIONS OF BOTH CITIES;
STATING BY REFERENCE THE TERMS OF SAID CONTRACT AND
SPECIFICALLY APPROVING SAME; 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 Cove,
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 jurisdiction 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 jurisdictions.
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: This ordinance shall take effect immediately from and after its
passage by 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, this the 25th day of April, 1985.
i
ATTEST:
6L EN P. HALL, City lerk
APPROVED:
ANDALL STR , 'City Att ey
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THE STATE OF TEXAS
COUNTY OF HARRIS
THIS AGREEMENT is made and entered into by and between the
CITY OF BAYMO N, a municipal corporation of Harris County, Texas,
and the CITY OF COVE, a municipal corporation of Chambers County,
Texas, both 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 BAYTalN
and
the CITY OF COVE
hereby
agree that it is
the mutual desire and intent of the governing bodies of both
cities, pursuant to TEX. REV. CIV. STAT. art. 9702, to apportion
the overlapping extraterritorial jurisdictions of the cities of
Baytown and Cove for the mutual convenience of such cities, to
mane the future expansion of municipal services subject to
comprehensive planning, and to facilitate the planning of future
extensions of the boundaries of both such cities, andto further
these goals, the said cities do hereby contract as follows:
The parties
agree that
portions
of
the extraterritorial
jurisdictions of
both cities
of Baytown
and
Cove 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 Cove toward each other, and it is therefore
deemed in the best interest of both the cities of Baytown and
Cove that the extraterritorial jurisdiction of such cities as
provided for in TEX. REV. CIV. STAT. art. 970a, shall hereby be
mutually apportioned by and betv,,een the two cities along the line
described in Section 11 of this Contract.
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I3
The line dividing the extraterritorial jurisdiction of the
City of Baytown from the e x t r a t e r r i t o r i. a I jurisdiction of the
City of Cove is described in Exhibit "A ", attached hereto and
made a part of this Agreement for all purposes. However, the
extraterritorial jurisdiction of the City of Cove shall at no
time extend beyond the west right of way line of Farm Road 31BO .
III
From and after the date of this Contract the CITY OF BAYTaV'N
shall have exclusive extraterritorial jurisdiction to the
exclusion of the CITY OF COVE, in that area to the West of the
line described in Section II above.
IV
From and after the date of this Contract the CITY OF COVE
shall have extraterritorial jurisdiction, to the exclusion of the
CITY OF BAYTC%�'1, in that area to the North, East and Northeast of
the line described in Section Ii above.
V
The CITY OF 'AYTDvN does hereby waive any and all rights it
may have had prior to the date of this Contract concerning its
extraterritorial jurisdiction previously existing, East of the
land described in Section 11 above, and specifically GRANTS,
RELEASES and Confirms all such territory unto the CITY OF COVE,
and the CITY OF BAYTO�'" further specifically recognizes any and
all extensions of municipal boundaries by the CITY OF COVE in
such area, and further hereby relinquishes all claim which the
CITY OF BAYTO`F'" may have had prior to the date of this Contract,
concerning the failure of the CITY OF COVE to obtain the
permission of the CITY OF BAYTDAN for any such extensions.
VI
This Agreement shall be executed in duplicate, either cape
of which shaI l be considered to tie an original copy, by the t�;'aycr
of each City, attested by the City Secretary or City Clerk anc;
under the corporate seal of each said City.
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IN TESTIMONY WHEREOF, the Ci t i es of Baytown and Cove 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 BAYTaAN, TEXAS
By:
ALLEN CAN"DN, Mayor
ATTEST:
EILEEN P. HALL, City Clerk
FRETS—METO-7fiffiff
RA7\DAL L B. STRONG, C i t y Attorney
CITY OF COVE
_
a � i . /
JUOY !t,
ATTEST:
B .
GENI CLARK, CITY SECRETARY
APPROVED:
By. ORRIS ROWLAND,SR,
S. CITY ATTORNEY OF COVE, TEXAS
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EX-11 BIT A
BEGINNING at a point 1/2 mile west o'f the- intersection of
Interstate Highway 10 with the ten (10) feet strip previously
annexed by the City of Cove from its boundaries to Interstate
Highway 10;
THENCE, in a south westerly direction along a line 1/2 mile west
of and paral.Iel to the above described ten (10) foot strip
annexed by the City of Cove, to the intersection of said line
with the west right of way line of Farm Road 3180;
THENCE, south along the west right -of -way line of Farm Road 3180
to a point on said right -of -way line that is the intersection of
said right -of -way line with a line drawn 1/2 mile west of and
parallel to the ten (10) foot strip annexed by the City of Cove
from its southern boundaries to the City Limits of Beach City;
THENCE, in a southernly direction along the above described Iine
that is 1/2 mile west of and parallel to the ten (10) foot strip
herein above described to the paint of intersection of said line
with the City Limits of Beach City.