Ordinance No. 7,187941208 -3
FIRTIMMIRNA706MI ".1
• AN ORDINANCE CREATING AN AUTHORITY WITHIN THE CITY OF
BAYTOWN, TEXAS, PURSUANT TO ARTICLE 1118X, TEXAS REVISED
CIVIL STATUTES; DESCRIBING THE TERRITORY TO BE INCLUDED
IN SUCH AUTHORITY; DESIGNATING A NAME FOR SUCH AUTHORITY;
CONTAINING FINDINGS AND OTHER PROVISIONS RELATED THERETO;
PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS
CLAUSE; AND PROVIDING AN EFFECTIVE DATE THEREOF.
WHEREAS, in accordance with the provisions of Article 1118x,
Texas Revised Civil Statutes, (the "Act "), the City Council of the
City of Baytown, Texas, ( "City Council ") adopted Ordinance No. 7144
passed October 25, 1994, the caption which reads as follows:
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; and
WHEREAS, Notice of a Public Hearing on the proposal to create
an authority, along with a description of the area proposed to be
included in such authority, was duly published and furnished to the
State Department of Transportation, the successor of the Texas Mass
Transportation Commission, all in accordance with the provisions
of the Act; and
WHEREAS, the public hearing called by Ordinance No. 7144 was
duly held; and at such hearing, all persons who desired to appear
before City Council and offer evidence were afforded the
opportunity to do so; and
WHEREAS, the City Council has heard and carefully considered
all evidence presented at said hearing; and
WHEREAS, the City Council now desires to proceed with the
process of creating the authority pursuant to the Act; NOW
THEREFORE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
Section 1: That City Council hereby adopts the findings
and the preamble of this Ordinance and hereby further finds that:
• (a) the City Council of the City of Baytown, Texas, is the
governing body of the City of Baytown.
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(b) City of Baytown is an alternate city under the provisions
of the Act in that (1) it has a population in excess of
• 60,000 according to the most recent federal census, (2)
it is located in the metropolitan area in which the
population of the principal city exceeds 1,200,000
according to the most recent federal census and 3) the
City of Baytown is not part of the territory of an
existing transit authority.
(c) the area included within the boundaries hereinafter set
forth includes no part of a "bicounty metropolitan area"
as defined by the Act.
(d) Harris County, Texas is the county in which the major
portion of the principal city mentioned above in
subsection (b) is situated, and in which the majority the
City of Baytown is situated. However, a portion of the
City of Baytown also lies within Chambers County, Texas.
(e) the creation of an authority and the construction and
operation of a system will be a benefit to persons and
property situated within the boundaries hereinafter set
forth, will be of public utility, and will be in the
public interest.
Section 2: Baytown Transportation Authority within the
City of Baytown, Harris and Chambers Counties, Texas, as
hereinafter set forth, is hereby created pursuant to the provisions
of the Act.
Section 3: The territory to be included in such authority
is hereby prescribed to include all of the territory within the
City of Baytown, Texas. The boundaries of such city are set forth
in the appropriate incorporation proceedings and ordinances which
have been passed, recorded in the minutes, and become effective
prior to October 25, 1994.
Section 4: The Authority created by this Ordinance shall
bear a name which is hereby designated to be "Baytown
Transportation Authority" hereinafter referred to as the
"Authority."
Section 5: No defect or irregularity in any incorporation
proceedings, ordinances or boundaries described in Section 3 of
this Ordinance shall affect the boundaries of the Authority, and
all the territory described in Section 3 of this Ordinance shall be
contained within the Authority whether or not lawfully contained
within the City of Baytown.
Section 6: It is the intention of the City Council to
include within the boundaries of the Authority all of the area
described in Section 3 of this Ordinance, and should this Ordinance
for any reason be ineffective as to any part of such area, such
i ineffectiveness of this .Ordinance as to any such part or parts
shall not affect the effectiveness of this Ordinance as to all of
the remainder of such area, consistent with the provisions of the
Act.
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Section 7: The City Clerk and the City Attorney, for and
on behalf of the City Council are hereby authorized to give such
notices and do all other things necessary to effectuate the
purposes of this Ordinance and to assist in the organization of the
Authority and the Board of Directors pursuant to the Act.
Section 8: All ordinances or part
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.
of ordinances
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 8th day of December, 1994.
ATTEST:
` Y
EILEEN P. HALL, City Clerk
APPROVED AS TO FORM:
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pR&CIO RAMIREZ, SR V, City Attorney
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PETE C. AL ARO, Mayor