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Ordinance No. 10,752ORDINANCE NO. 10,752 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXATION OF PORTIONS OF CEDAR BAYOU STREAM AND THE 500-FOOT STRIP OF LAND COMMENCING AT THE EASTERLY RIGHT-OF-WAY OF STATE HIGHWAY 146 NORTH AND THE MEAN HIGH TIDE LINE OF THE EAST BANK OF CEDAR BAYOU STREAM, THEN MEANDERING WITH THE EAST BANK OF CEDAR BAYOU STREAM TO A POINT OF INTERSECTION WITH THE MEAN HIGH TIDE LINE OF THE EAST BANK OF CEDAR BAYOU STREAM AND HIGHWAY 99 IN CHAMBERS COUNTY, TEXAS, EXCLUDING THOSE AREAS SUBJECT TO AN INDUSTRIAL DISTRICT AGREEMENT WITH THE CITY; WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. WHEREAS, written notices of the City's intent to annex were sent to property owners in the area to be annexed and to the public and private entities that provide services in the area on September 24, 2007;and WHEREAS, development agreements were sent along with these notices to those whom such agreements were required; and WHEREAS, all landowners who were sent development agreements have declined to enter into the same; and WHEREAS, there being no request for an "on-site" hearing, two public hearings before the City Council of the City of Baytown, Texas, where all interested persons were provided with an opportunity to be heard on the proposed annexation of the property described in Section 1 of this ordinance, were held, during the City Council meeting on the 25th day of October, 2007, in the City Council Chamber of the City Hall of the City of Baytown, Texas, which date is not more than forty (40) nor less than twenty (20) days prior to the institution of annexation proceedings; and WHEREAS, notices of such public hearings were published in a newspaper having general circulation in the City of Baytown, Texas, and in the below described territories on October 15, 2007, which date is not more than twenty (20) nor less than ten (10) days prior to the date of such public hearings; and WHEREAS, a notice of such public hearings was posted on the City of Baytown's website on October 15, 2007, which date is not more than twenty (20) nor less than ten (10) days prior to the date of such public hearings and remained posted until the date of the hearings; and WHEREAS, the total corporate area of the City of Baytown, Texas, on the 1st day of January, 2007. was 34.5 square miles; and WHEREAS, the population of the City of Baytown, Texas, is approximately 71,359 inhabitants; and WHEREAS, the below described territories lie within the extraterritorial jurisdiction of the City of Baytown, Texas; and WHEREAS, the below described territories lie adjacent to and adjoin the City of Baytown, Texas; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section I: That the following described land and territories lying adjacent to and adjoining the City of Baytown are hereby added and annexed to the City of Baytown, Texas, and shall hereinafter be included within the boundary limits of the City of Baytown. Texas, and present boundary limits of such City, at the various points contiguous to the areas hereinafter described, are altered and amended so as to include said areas within the corporate limits of the City of Baytown, Texas, to-wit: SEE EXHIBIT "A" Section 2: The above described territories and the areas so annexed shall be a part of the City of Baytown, Texas, and the property so added hereby shall bear its pro rata of the taxes levied by the City of Baytown, Texas, and the inhabitants thereof shall be entitled to all of the rights and privileges of all the citizens of the City of Baytown and shall be bound by the acts, ordinances, resolutions, and regulations of the City of Baytown, Texas. Section 3: In accordance with Texas Local Government Code Annotated § 43.056, as amended, the service plan prepared by the City for providing municipal services to the annexed areas is hereby approved and is on file in the City Clerk's office. Said service plan is incorporated herein by this reference for all intents and purposes as if fully copied at length and attached hereto. Section 4: This ordinance shall be published and passed in the manner provided in Article I, Section 9, of the Charter of the City of Baytown, Texas. SJ \/ INTRODUCED, READ and PASSED by the affirmative y^e of the City Council of the City of Baytown this the 19lh day of November, 2007. . DONCARLOS, Mayor LORR1 , City Clerk APPROVERS TO FORM: AC1O RAMiR-E/f, SR., City/Forney /.NTRODUCED, READ and PASSED on the SECOND AND FINAL READING this the day of , 2007. ATTEST: STEPHEN H. DONCARLOS, Mayor LORRI COODY, City Clerk APPROVED AS TO FORM: IGNACIO RAMIREZ, SR., City Attorney R:\Karcn\Filcs\CityCoiincil\Orilinanccs\2007\Novcmbcr !9\Annexationolt'alarHayou.<ioc 2 Exhibit "A" CEDAR BAYOU ANNEXATION BEGINNING at the point of intersection of the Eastern right of way of State Highway 146 North and the mean high tide line of the Northeastern bank of Cedar Bayou Main Stream, THENCE, Northeasterly along the Eastern right of way of State Highway 146 North, for a distance of 500.00 feet to a point located in the Eastern right-of-way of State Highway 146 North, THENCE, Southerly along a line that is 500.00 ft. East and parallel with the mean high tide line of the East bank of Cedar Bayou Main Stream, with its meanders, to a point of intersection with the Northern right-of-way of State Highway 99, THENCE, Westerly along the Northern right-of-way of State Highway 99 to a point of intersection with the mean high tide line of the West Bank of Cedar Bayou Main Stream, at 500.00 feet passing the mean high tide line of the East bank of Cedar Bayou Main Stream, THENCE, Northerly with the mean high tide line of the West bank of Cedar Bayou Main Stream, and its meanders, to a point of intersection of the mean high tide line of the West Bank of Cedar Bayou Main Stream with the Eastern right-of-way of State Highway 146 North, THENCE, Northeasterly with the Eastern right-of-way of State Highway 146 North to the mean high tide line of the Northeastern bank of Cedar Bayou Main Stream, to the POINT OF BEGINNING. SAVE AND EXCEPT Save and except those tracts or portions of tracts of land both situated in Baytown Industrial District 3 and currently subject to a City of Baytown Industrial District Agreement, and those portions of Cedar Bayou Main Stream and those tracts and/or portions of tracts of land currently within the incorporated limits of the City of Baytown, Texas. Said tracts further described by the following ordinances, which by this reference are incorporated herein as if set forth at length for all intents and purposes: > Ordinance No. 2258 (Annexation), > Ordinance No. 2516 (Annexation), > Ordinance No. 10,235 (Industrial District Agreement), > Ordinance No. 10,472 (Industrial District Agreement), and > Ordinance No. 10,473 (Industrial District Agreement). r 500' STRIP ANNEXATION ALONG CEDAR BAYOU STREAM PART OF «gj 500' STRIP IDA WITH BAYER CORPORATE PART OF 500' STRIP 500' STRIP IDA WITH BAYER MATERIALSCIENCE ,j IDA VViTH TEXAS GENCO II. LP ]