Ordinance No. 7,144941025 -5
ORDINANCE NO. 7144
• AN ORDINANCE PROPOSING AND INSTITUTING PROCEEDINGS TO
CREATE A MASS TRANSIT AUTHORITY WITHIN THE CITY OF
BAYTOWN, TEXAS; SETTING A DATE, TIME, AND PLACE FOR THE
PUBLIC HEARING ON THE QUESTION OF CREATING A MASS TRANSIT
AUTHORITY AND RELATED ISSUES; DEFINING THE BOUNDARIES OF
THE AREA PROPOSED TO BE INCLUDED IN SUCH AUTHORITY;
AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH
NOTICE OF SUCH PUBLIC HEARING; PROVIDING A REPEALING
CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
WHEREAS, in accordance with the provisions of Section 3(a) and
3B of Article 1118x, Texas Revised Civil Statutes ( "Art. 1118x "),
the City Council of the City of Baytown, Texas, desires to
institute proceedings to create a mass transit authority;
WHEREAS, the City Council of the City of Baytown is the
governing body of the City of Baytown;
WHEREAS, the City of Baytown has A population in excess of
60,000 according to the most recent federal census;
WHEREAS, the City of Baytown is located in a metropolitan area
in which the population of a principal city exceeds 1,200,000
according to the most recent federal census;
WHEREAS, the City of Baytown is not part of the territory of
an existing mass transit authority and therefore is "an alternate
city" under the provisions of section 3B of Art. 1118x; and
WHEREAS, Harris and Chambers Counties are the counties in
which the City of Baytown and the major portion of the "principal
city" hereinabove defined, are situated; NOW THEREFORE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That it hereby proposed to create a mass transit
authority pursuant to Art. 1118x within the boundaries hereinafter
defined and proceedings to create such an authority are hereby
commenced.
Section 2: That the boundaries of the proposed authority are
hereby defined to include all of the following areas:
(a) all the territory within the corporate limits of the City
of Baytown; and
C.
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• (b) The boundaries of the City that have been established and
recorded in the minutes of the City Council of the City
of Baytown and have become effective prior to the
effective date of this Ordinance.
•
Section 3: That no defect, irregularity, or invalidity of
incorporation proceedings, ordinances, or boundaries described in
Section 2 of this Ordinance shall affect the boundaries of the
proposed authority, and all territory described in Section 2 of
this Ordinance shall be contained within the authority whether or
not lawfully contained within the City or such industrial district
areas.
Section 4: That it is the intention of the City Council of
the City of Baytown to include within the boundaries of the
proposed authority all of the area described in Section 2 of this
Ordinance, and should this Ordinance for any reason be ineffective
as to any part of such area, such ineffectiveness of this Ordinance
as to any such part or parts of such area should not affect the
effectiveness of this Ordinance as to all the remainder of such
area, consistent with the provisions of Art. 1118x.
Section 5: That a public hearing on the proposal to create
such authority shall be held in the City Council Chambers, City
Hall, 2401 Market Street, Baytown, Texas, on Thursday, November 10,
1994, at 7 o'clock p.m. and may be continued from time to time and
from day to day thereafter until adjourned. At such hearing, any
interested person may appear and offer evidence for or against the
creation of the proposed authority, and may present evidence as to
whether or not the creation of such proposed authority and the
construction and operation of a mass transit system within the
boundaries above - described (1) would be of benefit to persons and
properties situated within said boundaries, (2) would be of public
utility, and (3) would be in the public interest, as well as any
other facts bearing on the creation of such an authority.
Section 6: The City Clerk of the City of Baytown is hereby
authorized and directed to cause notice of the public hearing to be
published once a week for two consecutive weeks in the newspaper
having general circulation in the City and in the above- described
territory. The first publication shall be published not less than
fifteen (15) days prior to the date of the public hearing ordered,
ratified, and confirmed herein.
Section 7: That if, after hearing the evidence introduced at
the hearing, City Council finds that the creation of such an
authority and the construction and operation of a system authorized
under Art. 1118x would be of benefit to the persons and property
situated within the boundaries of the proposed authority, would be
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• of public utility, and would be in the best public interest, the
City Council will adopt an ordinance creating such authority and
prescribing the boundaries thereof.
Section 8: 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 9: If any provision, section, exemption, subsection,
paragraph, sentence, clause, or phrase of this Ordinance or the
application of the same to any person or set of circumstances,
shall for any reason be held unconstitutional, void or invalid, the
validity of the remaining portions 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 10: 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 October,
1994.
ATTEST:
EILEEN P. L, City Clerk
V1W! Q ;T*1*J Z4 1WX -M Calm ZO) X14 F
ACIO RAMIREZ, R., City Attorney
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91
PETE C. ALFARO, Mayor