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1970 09 03 CC Minutes, Special4847 MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN September 3, 1970 The City Council of the City of Bayotwn, Texas, met in special session on Thursday, September 3, 1970, at 6:30 p.m., in the Council Room of the Baytown City Hall with the following members in attendance: Ted L. Kloesel Councilman David Evans Councilman Don M. Hullum Councilman Leonard Stasney Councilman Allen Cannon Councilman Lamar Kelley Councilman C. Glen Walker Mayor D. R. Voelkel City Manager William R. Laughlin City Attorney The Mayor called the meeting to order and called on the City Attorney to brief the Council on a matter concerning a recent annexation by the City of Mont Belvieu into an area encompassing the City of Baytown's extraterritorial jurisdic- tion, and further with regard to a certain lawsuit pending between the City of Mont Belvieu and the Chambers County Water Control and Improvement District No. 1 concerning the validity of such annexation. The City Attorney explained that the Water District's suit contained allegations that the City of Mont Belvieu had failed to secure the City of Baytown 'a permission to annex a portion of its extra- territorial jurisdiction. The City Attorney reviewed with the Council previous efforts to work out an agreement with the Mont Belvieu Council, in March of 1969, calling for the west boundary of the Water District as the dividing line of the two cities' extraterritorial jurisdiction, thereby allowing the City of Mont Belvieu to annex an area encompassing the Water District. However, there was a failure between the two councils to agree upon the southern limits of the City of Mont Belvieu's jurisdiction, Mont Belvieu wanting to extend its jurisdiction to an area lying im- mediately adjacent to limit Mont Belvieu's jurisdiction to an area north of Smith's Gulley, which constitutes the south boundary line of the Water District. As a result of this empasse, a formal agreement was never executed between the two cities. Attorney Andrew J. Lannie, representing the City of Mont Belvieu explained, by ref- erence to a map, the location of Mont Belvieu's recent annexation, which extends to an area one -half mile west of the Southern Pacific Railroad track. Lannie asked the Council to approve a line of common extraterritorial jurisdiction so as to allow the City of Mont Belvieu to retain intact its recent annexation. Attorney Guy Cade Jackson, III, appeared before the Council, representing the Water District. Jackson stated that the District had no dispute with the City of Baytown, but merely wanted to be certain that the City of Mont Belvieu had the authority to assume the bonded indebtedness of the District, and further that the Commissioners of the District wanted to make car- , tain that they did not violate their official duties by turning the assumption of the Water District over to a city which may not have satisfied all of the legal require- ments. After considerable discussion, Council Kelley moved that the City agree upon a common line of extraterritorial jurisdiction which would extend along the north right of way line of Interstate 10 to its intersection with the center line of Cedar Bayou Stream, thence following the meanders of Cedar Bayou Stream northwesterly to its in- tersection with the western right of way line of the Southern Pacific Railroad; thence, northerly along the western right of way Line of the said railroad track to the north right of way line of a power line easement belonging to Houston Lighting and Power Company, and thence, northwesterly along the north right of way line of such Power Com- pany easement to its intersection with the western boundary line of the recent City of Mont Belvieu annexation; thence, northerly along the west boundary line of such an- nexation to a point beyond the City of Baytown's extraterritorial jurisdiction, together with a specific provision for the City of Baytown to retain exclusive control of Cedar Bayou Stream. The motion was seconded by Councilman Kloesel and the vote follows: Ayes: Councilmen Hullum, Evans, Stasney, Cannon, Kloesel, and Kelley Mayor Walker Nays: None 4848 The City Attorney then advised the Council of the necessity to adopt an ordinance authorizing the City to enter into a contract with the City of Mont Belvieu to effect such an agreement. The City Attorney then read Ordinance No. 1039, toget- her with the proposed contract. Councilman Stasney then moved to adopt Ordinance No. 1039. The motion was seconded by Councilman Evans and the vote follows: Ayes: Councilmen Hull=, Evans, Stasney, Cannon, and Kelley Mayor Walker Councilman Kloesel moved to appoint a Liaison Committee to work between the architect and the Council concerning plans for the Police Building. Councilman Kelley seconded the motion and the vote follows: Ayes: Councilmen Klcesel, Evans, Hullum, Stasney, Cannon and Kelley Mayor Walker Nays: None Adjourn Councilman Kelley moved for the meeting to adjourn . Councilman Hullum seconded the notion. The ayes were unanimous and the Mayor declared the meeting adjourned. William R. Laughlin, CityLAttorney I I Nays: Councilman Klcesel Separate Item of Business - Appointment of Architect Liaison Committee Councilman Kloesel moved to appoint a Liaison Committee to work between the architect and the Council concerning plans for the Police Building. Councilman Kelley seconded the motion and the vote follows: Ayes: Councilmen Klcesel, Evans, Hullum, Stasney, Cannon and Kelley Mayor Walker Nays: None Adjourn Councilman Kelley moved for the meeting to adjourn . Councilman Hullum seconded the notion. The ayes were unanimous and the Mayor declared the meeting adjourned. William R. Laughlin, CityLAttorney I I