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HomeMy WebLinkAboutORD 58 GGORDINANCE NO. (oS 1 AN ORDINANCE APPROVING A WRITTEN AGREEMENT APPOR- TIONING OVERLAPPED AREA OF EXTRATBRRITORIAL JURIS- DICTION OF THE CITY OF BEAUMONT, TEXAS, THE CITY OF PORT ARTHUR, TEXAS, .GOND THE CITY OF NEDERLAND, TEXAS, IN ACCORDANCE WITH THE MUNICIPAL ANNEXATION ACT (CHAPTER 160, ACTS OF THE 58TH LEGISLATURE, REGULAR SESSION, 1963;,COMPIL:ED AS ARTICLE 970a, VERNON?S TEXAS CIVIL STATUTES; AND PROVIDING FOR SEVERABILITY. WHEREAS, under the provisions of the Municipal Annexation Act, the City of Beaumont, Texas, has extraterritorial jurisdiction of all the contiguous unincorporated area not a part of any other city within five (5) miles of the corporate limits of such city; and, WHEREAS, under the provisions of the Municipal Annexation Act, the City of Port Arthur, Texas, has extraterritorial juris- diction of all the contiguous unincorporated area not a part of any other city within three and one --half (3-1/2) miles of the corporate limits of such city; and, WHEREAS, under the provisions of the Municipal Annexation Act, the City of Nederland, Texas, has extraterritorial jurisdic- tion of all the contiguous unincorporated area not a part of any other city within one (1) mile of the corporate limits of such city; and, WHEREAS, the extraterritorial jurisdiction of such cities overlap in all that area described as follows: BEING an 8,180 acre tract of land in Jefferson County, Texas, lying and being situated in the area between the cities of Port Arthur, Nederland, and Beaumont, Texas; Said tract being bounded on the South by a line five miles distant from the City of Beaumont, by the Jefferson County Airport, and by Viterbo Road; And said tract being bounded on the East by Corpor- ate Limits of Nederland, Texas, same being at this boundary the ten -feet wide parcels of land annexed by the City of Nederland, Texas, by the passage of Ordinance No. 169 and Ordinance No. 189; And said tract being bounded on the West and the North by a line three and one-half miles distant - from the City of Port Arthur, by a line one mile distant from the City of Nederland, and by the West or South bank of the Neches River; And said tract lying partly within the three--and- one-half-mile extraterritorial band of the City of Port Arthur, and partly within the one -mile extra- territorial band of the City of Nederland, and partly within the five -mile extraterritorial band of the City of Beaumont; and, WHEREAS, under the provisions of the Municipal Annexation Act, no other city within the State of Texas has extraterritorial jurisdiction over the above described area; and, WHEREAS, said Municipal Annexation Act grants authority to the governing bodies of cities having a claim to such areas of overlapped extraterritorial jurisdiction to apportion the area by mutual consent, provided such agreement shall be in writing and shall be approved by an ordinance or resolution adopted by such governing bodies; and, WHEREAS, the City Councils of the cities of Beaumont, Port Arthur, and Nederland adopted resolutions authorizing the Mayor of said cities to enter into negotiations with and to sign an agree- ment with the other cities named, apportioning such overlapped area of extraterritorial jurisdiction, such agreement in writing to be subject to the approval of the governing bodies of all three cities; and, WHEREAS, the authorized representatives of the three cities have conducted such negotiations, and after giving due consideration to existing property lines, have signed an agreement, in writing, dated the 20th day of July, 1965, apportioning to each city its share of such overlapped area of ,extraterritorial jurisdiction; and, WHEREAS, the apportionment of the overlapped area does not apportion any tract of land or adjoining tracts of land in such overlapped area which was or were under one ownership on August 23, 1963, the effective date of the Municipal Annexation Act, and con- taining one hundred and sixty (160) acres of land; or less, so as to cause the tract or adjoining tracts within such overlapped area under one ownership to be within the extraterritorial jurisdiction of more than one city without the consent in writing of the land- owner or landowners of such tract or adjoining tracts; and, WHEREAS, the City Council of The City of Beaumont has care- fully examined such agreement and has given due consideration to existing property lines together with all other relevant facts; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEA,UMONT, TEXAS: Section 1. That the Agreement in writing dated July 20, 1965, hereto- fore negotiated between the City of Beaumont, Texas, the City of Fort Arthur, Texas, and the City of Nederland, Texas, with respect to the apportionment of the overlapped area of the extraterritorial jurisdiction of each of said cities under the Municipal Annexation Act, now compiled as Article 970a, Vernons Texas Civil Statutes, is hereby approved, and that the apportionment of the overlapped area of extraterritorial jurisdiction of each of said cities, as fully described in said Agreement is hereby approved and adopted. Section 2. That should any section, provision, clause, phrase, or sen- tence of this ordinance be declared by a court of competent juris- diction to be invalid, that decision shall not affect the validity of the ordinance as a whole or any part thereof, other than the part so declared to be invalid. PASSED by the City Council this 6 day, of � 1965.