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HomeMy WebLinkAboutORD 06-054 ORDINANCE NO. 06-054 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the Mayor be and he is hereby authorized to execute an amendment to the 1965 Extra-Territorial Jurisdiction Apportionment Agreement with the Cities of Port Arthur and Nederland authorized by Ordinance No. 65-41 on October 5, 1965 in substantially the form as attached hereto as exhibit "A." BE IT FURTHER ORDAINED that the amendment is conditioned upon: (1) All three cities agreeing to the release and reapportionment of the 91.9 acre tract of land; and, (2) The annexation of the 91.9 acre tract of land by the City of Nederland on or before January 1, 2007, and, (3) The commencement of the construction of the residential subdivision by January 1, 2007, with the completion of the project by December 31, 2007. PASSED BY THE CITY COUNCIL of the C' of Be mont this the 12th day of September, 2006. gO�Vp 11,11 - Mayor Guy N. Goodson - 1 OF IIII� Imo, THE STATE OF TEXAS § COUNTY OF JEFFERSON § AMENDMENT TO THE APPORTIONMENT AGREEMENT 1' This amendment is executed by and between the City of Beaumont, Texas, the City of Port Arthur, Texas, and the City of Nederland, Texas. WHEREAS, the City of Port Arthur, the City of Beaumont, and the City of Nederland entered into an apportionment agreement on rz. July 20, 1965 as it pertains to extraterritorial jurisdiction, and WHEREAS, the parties desire to amend this apportionment agreement. NOW, THEREFORE, the City of Beaumont, the City of Port s: Arthur, and the City of Nederland herein agree to the following: Section 1.That the parties agree that the City of Nederland shall . have exclusive jurisdiction over the area described in Exhibit "A". Section 2 .That this amendment to the 1965 apportionment agreement shall be executed in triplicate, any copy of which shall be considered to be an original copy, by the Mayor of each City which is a party hereto, attested by the City Secretary and under the corporate seal . of each said city. s, z.amendment to apportionment agreement_nederland_2006 1 EXHIBIT `A' Section 3. That the City of Nederland agrees to annex the 91. 9 acre tract by January 1, 2007, as described in Ordinance No`. adopted by the City of Port Arthur. Section 4 . That this agreement shall become effective only upon ratification and approval by the governing bodies of the three (3) cities which are parties hereto. SIGNED AND AGREED TO on this the day of , r: A.D. 2006. CITY OF PORT ARTHUR BY: MAYOR OSCAR ORTIZ ATTEST: r BY: CITY SECRETARY ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME, the undersigned Notary Public, on this day, personally appeared known to me to be the person whose name is described in the foregoing instrument, and acknowledged to me that he/she executed the same as the act and deed of the City of Port Arthur, for the purposes and considerations therein expressed, and the capacities therein stated. z.amendment to apportionment agreement_nederland_2006 2 GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of 2006. " Notary Public, State of Texas SIGNED AND AGREED TO on this the day of , A.D. 2006. t,. r z.amendment to apportionment agreement_nederland_2006 3 CITY OF BEAUMONT BY: MAYOR ATTEST: BY. CITY SECRETARY ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME, the undersigned Notary Public, on this day, personally appeared known to me to be the person whose name is described in the foregoing instrument, and acknowledged to me that he/she executed the same as the act and deed of the City of Beaumont, for the purposes and considerations therein expressed, and the capacities therein stated. GIVEN UNDER MY HAND 'AND SEAL OF OFFICE, this the day of 2006. Notary Public, State of Texas r z.amendment to apportionment agreement_nederland_2006 4 n SIGNED AND AGREED TO on this the day of , A. D. 2006. CITY OF NEDERLAND BY: MAYOR ATTEST: BY: CITY SECRETARY ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF JEFFERSON § BEFORE ME, the undersigned Notary Public, on this day, personally appeared , known to me to be the person whose name is described in the foregoing instrument, and acknowledged to me that he/she executed the same as the act and deed of the City of Nederland, for the purposes and considerations therein expressed, and the capacities therein stated. GIVEN UNDER MY HAND -AND SEAL OF OFFICE, this the day of 2006. Notary Public, State of Texas z.amendment to apportionment agreement nederland_2006 5 3`= EXHIBIT "A" TO THE AMENDMENT DESCRIPTION OF PROPOSED REVISION TO CITY OF PORT ARTHUR EXTRATERRITORIAL JURISDICTION COMMENCING at the most Northerly corner of Lot 4, Block 4 of SMITH, HODGSON & BIGELOW TRUCK FARM SUBDIVISION, as the same appears upon the map or plat thereof, on file and of record in Vol. 4, Pg. 73 Map Records of Jefferson County, Texas; THENCE North 41 deg. 13 min. East 20 feet to a point in the center of Smith Road (sometimes referred to as Holmes Road) and being the POINT OF BEGINNING of the herein described tract of land; THENCE in a Southeasterly direction with the center of Smith Road (40' R.O.W.) and the common range line between Ranges "J" and "K" of the Port Arthur Land Company, Jefferson County, Texas, a distance of 1,825 feet to a point; THENCE in a Southwesterly direction perpendicular to Smith Road a distance of 340 feet to a point; THENCE in a Southeasterly direction parallel with Smith Road a distance of 777 feet to a point in the Northwesterly right-of-way line of Beauxart Gardens Road, also being the common corner of Lots 1 and 2 in Block 3 of said Smith, Hodgson & Bigelow Truck Farm Subdivision; THENCE in a Southwesterly direction with the Northwesterly right-of-way line of Beauxart Gardens Road a distance of 371 feet to a point; THENCE in a Northwesterly direction perpendicular to Beauxart Gardens Road a distance of 500 feet to a point; THENCE in a Southwesterly direction parallel with Beauxart Gardens Road a distance of 177.16 feet to a point; THENCE North 49 deg. 05 min. 05 sec. West a distance 327.72 feet to a point in the East boundary of Beauxart Gardens Subdivision, as the same appears upon the map or plat on file in Vol. 6, Pg. 62 Map Records of Jefferson County, Texas; THENCE North 02 deg. 31 min. 29 sec. East 9.03 feet to the Northeast corner of said Beauxart Gardens Subdivision; THENCE North 88 deg. 55 min. 49 sec. West with the North line of Beauxart Gardens Subdivision, a distance of 682.90 feet to a point; PAETJ pg. 2 THENCE North 48 deg. 47 min. 00 sec. West 46.53 feet to a point; THENCE North 88 deg. 55 min. 49 sec. West with the North line of a Jefferson County Drainage District No. Seven tract of land a distance of 1,372.40 feet to a point; THENCE North 77 deg. 24 min. 00 sec. West with the Drainage District No. Seven boundary a distance of 100.00 feet to a point; THENCE North 88 deg. 55 min. 49 sec. West with the Drainage District No. Seven. boundary a distance of 610.72 feet to a point of intersection with the centerline of Rodair Gully; THENCE in a Northeasterly direction with the meanders of Rodair Gully 1,700 feet, more or less, to a point; THENCE South 47 deg. 25 min. 11 sec. East a distance of 526.92 feet to a point in the Northwesterly right-of-way line of a 40 foot road which lies between Block 19, Range "K" and Block 20, Range "K" of the lands of the Port Arthur Land Company, Jefferson County, Texas; THENCE North 41 deg. 13 min. 00 sec. East with the Northwest right-of-way line of said 40 foot road, and the extension thereof, a distance of 1,042 feet, more or less, to,a . intersection with the Northwesterly extension of the centerline of Smith Road; THENCE in a Southeasterly direction with the centerline of Smith Road a distance of 40 feet, more or less, to the POINT OF BEGINNING, enclosing 91.9 acres, more or less. ® sou 315 i'SO lzs 0 500 loco FEET RODAIR Ron Id Sanders 11.8 2 Acres 7 t STREET 0 k Q a n. x N B Ll F.AAART GARDEN ROAD PROPOSED REVISION TO CITY OF PORT ARTHUR EXTRATERRITORIAL JURISDICTION THE STATE OF TEXAS �- COUNTY OF JEFFERSON AMENDMENT TO THE APPORTIONMENT AGREEMENT This amendment is executed by and between the City of Beaumont, Texas, the City of Port Arthur, Texas, and the City of Nederland, Texas. WHEREAS, the City of Port Arthur, the City of Beaumont, and the City of Nederland entered into an apportionment agreement on July 20, 1965 as it pertains to extraterritorial jurisdiction, and WHEREAS, the parties desire to amend this apportionment agreement. NOW, THEREFORE, the City of Beaumont, the City of Port Arthur, and the City of Nederland herein agree to the following: Section 1. That the parties agree that the City of Nederland shall have exclusive jurisdiction over the area described in Exhibit "A" . Section 2 . That this amendment to the 1965 apportionment agreement shall be executed in triplicate, any copy of which shall be considered to be an original copy, by the Mayor of each City which is a party hereto, attested by the City Secretary and under the corporate seal of each said city. z.amendment to apportionment agreement_nederland_2006 1 Section 3 . That the City of Nederland agrees to annex the 91.9 acre tract by January 1, 2007 as adopted by the City of Port Arthur per Ordinance No. 06-52 . Section 4. That this agreement shall become effective only upon ratification and approval by the governing bodies of the three (3) cities which are parties hereto. z.amendment to apportionment agreement_nederland_2006 2 SIGNED AND AGREED TO on this the y day of G U A.D. 2006 . CITY OF PORT ARTHUR BY: MAYOR OSCAR ORTIZ ATTEST: BY: _ CITY SpffRETARY ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF JEFFERSON § BEFORE ME, the undersigned Notary Public, on this day, personally appeared S �,0. r �o . V ti Z known to me to be the person whose name is described in the foregoing instrument, and acknowledged to me that he/she executed the same as the act and deed of the City of Port Arthur, for the purposes and considerations therein expressed, and the capacities therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the It th day of OC4t b'Q 1 2006 . ' Notary blic, State of Texas �u TONYA SUMMERLIN Notary Public State of Texas y, Commission Expires 94 o APRIL 22, 2007 z.amendment to apportionment agreement_nederland_2006 3 SIGNED AND AGREED TO on this the Q day of Se��e ioer A.D. 2006 . CITY OF BEAUMONT BY: MAYOR ATTEST: �UMONj.� � l BY: CITY SECRET U ACKNOWLEDGMENT STATE OF TEXAS . COUNTY OF JEFFERSON BEFORE ME, the undersigned Notary Public, on this day, personally appeared G v W. GOOfkS l\ known to e me to be the person whose name is described in the foregoing instrument, and acknowledged to me that he/she executed the same as the act and deed of the City of Beaumont, for the purposes and considerations therein expressed, and the capacities therein stated. GIVEN UNDER MY HAND AND S OF O FILE, this the �� day of �p� 2006 �— - toy Public, St a of Texas �LARISSA AU -'s`R P�°`�•- Public,State of Texas L Notary My Commission Expires May 23.2010 z.amendment to apportionment agreement_nederland_2006 4 SIGNED AND AGREED TO on this the 6 day of jJ , A.D. 2006 . CITY OF NEDERLAND BY: MAYO ATTEST: BY: CITY SECRETARY ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF JEFFERSON BEFORE ME, the undersigned Notary Public, on this day, personally appeared . 1�((,tgen,'t known to me to be the person whose name is described in the foregoing instrument, and acknowledged to me that he/she executed the same as the act and deed of the City of Nederland, for the purposes and considerations therein expressed, and the capacities therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of O Mber 2006 . Notary Publi , State ofTTexas �`o" r.''y CORRIE ELIZABETH ZEPEDA 11 . Notary Public,State of Texas •;�f '�4�.. My COMMWim Expires March 20,2010 z.amendment to apportionment agreement_nederland_2006 5 EXHIBIT "A" TO THE AMENDMENT DESCRIPTION OF PROPOSED REVISION TO CITY OF PORT ARTHUR EXTRATERRITORIAL JURISDICTION COMMENCING at the most Northerly corner of Lot 4, Block 4 of SMITH, HODGSON & BIGELOW TRUCK FARM SUBDIVISION, as the same appears upon the map or plat thereof, on file and of record in Vol. 4, Pg. 73 Map Records of Jefferson County, Texas; THENCE North 41 deg. 13 min. East 20 feet to a point in the center of Smith Road (sometimes referred to as Holmes Road) and being the POINT OF BEGINNING of the herein described tract of land; THENCE in a Southeasterly direction with the center of Smith Road (40' R.O.W.) and the common range line between Ranges "J" and "K" of the Port Arthur Land Company, Jefferson County, Texas, a distance of 1,825 feet to a point; THENCE in a Southwesterly direction perpendicular to Smith Road a distance of 340 feet to a point; THENCE in a Southeasterly direction parallel with Smith Road a distance of 777 feet to a point in the Northwesterly right-of-way line of Beauxart Gardens Road, also being the - common corner of Lots 1 and 2 in Block 3 of said Smith, Hodgson & Bigelow Truck Farm Subdivision; THENCE in a Southwesterly direction with the Northwesterly right-of-way line of Beauxart Gardens Road a distance of 371 feet to a point; THENCE in a Northwesterly direction perpendicular to Beauxart Gardens Road a distance of 500 feet to a point; THENCE in a Southwesterly direction parallel with Beauxart Gardens Road a distance of 177.16 feet to a point; THENCE North 49 deg. 05 min. 05 sec. West a distance 327.72 feet to a point in the East boundary of Beauxart Gardens Subdivision, as the same appears upon the map or plat on file in Vol. 6, Pg. 62 Map Records of Jefferson County, Texas; THENCE North 02 deg. 31 min. 29 sec. East 9.03 feet to the Northeast corner of said Beauxart Gardens Subdivision; THENCE North 88 deg. 55 min. 49 sec. West with the North line of Beauxart Gardens Subdivision, a distance of 682.90 feet to a point; PA ETJ pg. 2 THENCE North 48 deg. 47 min. 00 sec. West 46.53 feet to a point; THENCE North 88 deg. 55 min. 49 sec. West with the North line of a Jefferson County Drainage District No. Seven tract of land a distance of 1,372.40 feet to a point; THENCE North 77 deg. 24 min. 00 sec. West with the Drainage District No. Seven boundary a distance of 100.00 feet to a point; THENCE North 88 deg. 55 min. 49 sec. West with the Drainage District No. Seven boundary a distance of 610.72 feet to a point of intersection with the centerline of Rodair Gully; THENCE in a Northeasterly direction with the meanders of Rodair Gully 1,700 feet, more or less, to a point; THENCE South 47 deg. 25 min. 11 sec. East a distance of 526.92 feet to a point in the Northwesterly right-of-way line of a 40 foot road which lies between Block 19, Range "K" and Block 20, Range "K" of the lands of the Port Arthur Land Company, Jefferson County, Texas; THENCE North 41 deg. 13 min. 00 sec. East with the Northwest right-of-way line of said 40 foot road, and the extension thereof, a distance of 1,042 feet, more or less, to a intersection with the Northwesterly extension of the centerline of Smith Road; THENCE in a Southeasterly direction with the centerline of Smith Road a distance of 40 feet, more or less, to the POINT OF BEGINNING, enclosing 91.9 acres, more or less. kit `.-00 375 250 125 0 500 1000 FFFT Ron( IH Sonrlrr- Il.f3 2 nc rec SIRIE r a n! X s LIM K AMM I (;ARVE:N R(lAfl PROPOSED REVISION TO CITY OF FORT ARTHUR EXTRATERRITORIAL JURISDICTION L