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Ordinance No. 10,797ORDINANCE NO. 10,797 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADDING PORTIONS OF THE 1-10 ANNEXATION TO COUNCIL DISTRICT NOS. 3 4 AND 5; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. WHEREAS, Section 17(1) of the Charter of the City of Baytown provides that the City Council shall redistrict the City if the growth of the City justifies; and WHEREAS, it is necessary to include the newly annexed territory described herein in a council district; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: Council District No. 3 is hereby redistricted by the addition of a portion of that property annexed in Ordinance No. 10,754, which is more particularly described as follows: 1. the 1-10 right-of-way commencing 1000 feet west of the centcrline of Spring Gully to the centerline of Spring Gully, which is the west boundary line of the property annexed via Ordinance No. 3474; 2. the I-10 right-of-way commencing 1000 feet west of the centerline of Thompson Road at its intersection with 1-10, which is the west boundary line of property annexed via Ordinance No. 3473, to the rest stop property, which was annexed via Ordinance No. 3474 and which is approximately 3410 feet west of the centerline of Thompson Road at its intersection with 1-10; and 3. the 1-10 right-of-way commencing 500 feet east of the centerline of Thompson Road at its intersection with 1-10, which is the east boundary line of the property annexed via Ordinance No. 3473, to the east bank of the west fork of Goose Creek, which is the west boundary line of the property annexed via Ordinance No. 8597; which is more particularly depicted in Exhibit "A," which is attached hereto and incorporated herein for all intents and purposes. Section 2: Council District No. 4 is hereby redistricted by the addition of a portion of that property annexed in Ordinance No. 10,754, which is more particularly described as follows: 1. the I-10 right-of-way commencing 300 feet east of the centerline of Garth Road at its intersection with 1-10, which is the east boundary line of the property annexed via Ordinance No. 2924, to the west property line of the UPS property that crosses the 1-10 corridor which was annexed via Ordinance No. 5389; and 2. the I-10 right-of-way commencing at the east property line of the UPS property that crosses the 1-10 right-of-way which was annexed via ordinance No. 5389, east to the centerline of Sjolander Road at its intersection with I-10; which is more particularly depicted in Exhibit "A," which is attached hereto and incorporated herein for all intents and purposes. Section 3: Council District No. 5 is hereby redistricted by the addition of a portion of that property annexed in Ordinance No. 10,754, which is more particularly described as follows: 1. the 1-10 right-of-way commencing at the centerline of Sjolander Road to 2300 east of Sjolander Road to the west property line of the Gulf Oil Industrial District No. 2 Annexation, annexed via Ordinance No. 1770; 2. the 1-10 right-of-way commencing at the east property line of the Gulf Oil Industrial District No. 2 Annexation, which was annexed via Ordinance No. 1770 to 330 feet east of State Highway 146 of its intersection with I-10; 3. 1.1640-acre tract described as Tract 2 in Ordinance No. 10,754; and 4. 1.0 acre tract described as Tract 3 in Ordinance No. 10,754; which is more particularly depicted in Exhibit "A," which is attached hereto and incorporated herein for all intents and purposes. Section 4: 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 5: If any provisions, section, exception, subsection, paragraph, sentence, clause or phrase of this ordinance or the application of same to any person or set of circumstances, shall for any reason be held unconstitutional, void or invalid, such invalidity shall not affect the validity of the remaining provisions 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 6: This ordinance shall take effect from and after ten (10) days from its passage by the City Council. The City Clerk is hereby directed to give notice hereof by causing the caption of this ordinance to be published in the official newspaper of the City of Bayto\yi} at least twice within ten (10) days after passage of this ordinance. INTRODUCED, READ and PASSED by the affirmative vot^oftthe City Council of the City of lis the 10lhday of January, 2008. STEl'HfcN-tr'bONCARLOS, MaJ'or AUFZfmcrim City Cl APPROVED AS TO FORM: ACIO RAMIREZ, SR., C\iy)Attorney R:\Karen\Files\CityCoiincil\Ordinanccs\2008\January IO\Addl-IOAnncxaiion2CouncilDisiricts34and5.doc Exhibit "A" MO ANNEXATION TRACT 1: BEGINNING at the point of intersection of the Southerly right of way line of Interstate Highway 10 with the centerline of Spring Gully, THENCE, Westerly along the Southerly right of way line of Interstate Highway 10 for a distance of 1000.00 feet to a point in the Southerly right of way line of Interstate Highway 10, THENCE, Northerly at a right angle to a point in the Northerly right of way of Interstate Highway 10, THENCE, Easterly with the Northerly right of way line of Interstate Highway 10 to the point of intersection with the Easterly right of way line of State Highway 146, THENCE, Southerly with the Easterly right of way line of State Highway 146 to the point of intersection with the Southerly right of way line of Interstate Highway 10, THENCE, Westerly with the Southerly right of way line of Interstate Highway 10 to the point of intersection with the centerline of Spring Gully, to the POINT OF BEGINNING. SAVE AND EXCEPT Save and except for those tracts 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. 598/598-A (Annexation) > Ordinance No. 664/664-A (Annexation) > Ordinance No. 769/769-A (Annexation) > Ordinance No. 845 (Disannexation of portions of Ord. No's. 598 & 664) > Ordinance No. 1770 (Annexation) > Ordinance No. 2924 (Annexation) > Ordinance No. 3145 (Annexation) > Ordinance No. 3473 (Annexation) > Ordinance No. 3474 (Annexation) > Ordinance No. 5389 (Annexation) > Ordinance No. 8597 (Annexation) TRACT 2: Field notes covering a tract of land containing 1.1640 acres being part of and out of that 97.56 acre tract of land described in deed recorded in Volume 3201, Page 162, of the Deed Records of Harris County, Texas and being part of and out of Lot Four (4), George Ellis Survey, Abstract 21, in Harris County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a concrete right-of-way monument marking the inter section of the northerly line of I.H. 10, variable width and the westerly line of North Main Street, 60 feet wide; THENCE N 11 deg. 00 min. 00 sec. W, along the westerly line of North Main Street, 60 feet wide, a distance of 158.00 feet to a 5/8 inch iron rod found for corner; THENCE S 79 deg. 57 min. 30 sec. W, along a line parallel to the northerly line of I.H. 10, a distance of 250.19 feet to a 5/8 inch iron rod for corner; THENCE S 11 deg. 00 min. 00 sec. E, along a line parallel to the westerly line of North Main Street, a distance of 207.99 feet to a 5/8 inch iron rod for corner on the northerly line of I.H. 10; THENCE N 79 deg. 57 min. 30 sec. E, along a northerly line of I.H. 10, variable width, a distance of 200.00 feet to a concrete right-of-way monument, marking an angle point; THENCE N 34 deg. 47 min. 10 sec. E, along the northerly line of I.H. 10, variable width a distance of 70.02 feet to the PLACE OF BEGINNING. TRACT 3: Tract 1A, Abstract 21, George Ellis Survey, Harris County, Texas, being a 1-acre tract of land and identified by the Harris County Appraisal District as Account No. 0402210000003. Exhibit "A" PROPOSED ANNEXATION OF THE INTERSTATE 10 CORRIDOR COUNCIL DISTRICT 5 COUNCIL DISTRICT 3 COUNC L D STR CT 4 PROPOSED ANNEXATION OF 1.16 ACRE TRACT PROPOSED ANNEXATION OF 1.00 ACRE TRACT