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Home My WebLink AboutPO 6637: CONFIRMING THE ACCEPTANCE OF THE AGREED FINAL JUDGEMENT BETWEEN THE CITY OF PORT ARTHUR, TEXAS, AND THE CITY OF BRIDGE CITY, TEXAS P.O. NO. 6637 08/23/17 gt ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF PORT ARTHUR, TEXAS, CONFIRMING THE ACCEPTANCE OF THE AGREED FINAL JUDGMENT BETWEEN THE CITY OF PORT ARTHUR, TEXAS, AND THE CITY OF BRIDGE CITY, TEXAS WHEREAS, an Agreed Final Judgment was signed on August 17, 2017 by Judge Courtney Arkeen in Cause Number A150184-C; City of Port Arthur vs. City of Bridge City, in the 128th Judicial District Court of Orange County, Texas, in substantially the same form as attached hereto as Exhibit "A"; and WHEREAS, it is in the best interest of the citizens of Port Arthur to confirm the acceptance of the Agreed Final Judgment attached hereto as Exhibit "A". NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS: Section 1. That the City of Port Arthur hereby confirms the acceptance of the Agreed Final Judgment was signed on August 17, 2017 by Judge Courtney Arkeen in Cause Number A150184-C; City of Port Arthur vs. City of Bridge City, in the 128th Judicial District Court of Orange County, Texas, in substantially the same form as attached hereto as Exhibit "A". Section 2. That a copy of the caption of this Ordinance be spread upon the Minutes of the City Council. Section 3. This Ordinance shall be effective from and after the date of its passage. READ, ADOPTED AND APPROVED on this day of A.D., 2017, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor: , Councilmembers: , NOES: . Derrick Ford Freeman, Mayor ATTEST: Sherri Bellard, City Secretary APPROVED AS TO FORM: Valecia R. Ti eno/ ity Attorney APPROVED FOR ADMINISTRATION: Brian McDougal, City Manager 2 EXHIBIT "A" 3 VICKIE EDGERLY District Clerk 801 W.Division Ave. Orange,Texas 77630 August 17,2017 Richard F Whiteley richard.whiteley@bgllp.com Bracewell& Giuliani LLP 711 Louisiana Suite2300 South Tower Pennzoil Place Houston, TX 77002 NOTICE PURSUANT TO RULE 306a RE: Cause No: 150184-C Styled: City of Port Arthur VS. City of Bridge City In the 128th District Court Dear Sir/Madam: THIS IS TO INFORM YOU: In the above-styled cause a Agreed Final Judgment was signed on August 17,2017 by Judge Courtney Arkeen. Respectfully, 0011111/10/11 VICKIE EDGERLY,District Clerk _' Orange County,Texas By Deputy: Justin Rhodes(409) 882-7064 "6660, , nnitu- cc: cc: FILED: 8/17/2017 3:25 PM Vickie Edgerly, District Clerk Orange County, Texas CAUSE NO. A150184-C Reviewed by: Justin Rhodes CITY OF PORT ARTHUR § IN THE DISTRICT COURT OF § Plaintiff, § § v. § ORANGE COUNTY, TEXAS § CITY OF BRIDGE CITY § § Defendant. § 128TH JUDICIAL DISTRICT § AGREED FINAL JUDGMENT On this day came on for trial the above-referenced cause, plaintiff City of Port Arthur ("Port Arthur") and defendant City of Bridge City ("Bridge City") (Port Arthur and Bridge City may collectively be referred to as "the Parties"); and announced a settlement and presented an agreed judgment to be rendered (the "Agreed Final Judgment"). The Settlement Agreement is attached hereto as Exhibit A and incorporated herein for all purposes ("Settlement"). The Legal Description contained in the Settlement Agreement is attached hereto as Exhibit B and is incorporated herein for all purposes. The Settlement Map contained in the Settlement Agreement is attached hereto as Exhibit C and is incorporated herein for reference and depiction purposes only. The Court having reviewed the Agreed Final Judgment finds that it is supported by the evidence and that final judgment should be rendered on the Settlement accordingly; therefore, it is ORDERED that the boundaries between Bridge City and Port Arthur are described in the Settlement (Exhibit A). Should any conflict between the Settlement Map (Exhibit C) and the Legal Description(Exhibit B) exist, the Legal Description(Exhibit B) shall control. It is further, ORDERED that Port Arthur's 324 Annexation Area, the area annexed by Port Arthur under Port Arthur Ordinance 97-19, Bridge City's city limits, and Bridge City's extraterritorial jurisdiction are as described in the Settlement(Exhibit A). It is further, ORDERED that the northern boundary line of Port Arthur's 324 Annexation Area,which is also the southern boundary line of Bridge City's extra-territorial jurisdiction is as described in the Legal Description(Exhibit B). It is further, ORDERED that Bridge City's city limit boundary adopted in Bridge City's Ordinance 2014-09 and described on the Settlement, is valid. Bridge City Ordinance 2014-09 was not intended and does not, as a matter of law, incorporate the exact location of any of Bridge City's extraterritorial jurisdiction. Any depiction of extraterritorial jurisdiction in Ordinance 2014-09 has no legal effect. It is further, ORDERED that Bridge City's extra-territorial jurisdiction at issue in this Lawsuit extends only as far south and west as the boundary line described in the Legal Description (Exhibit B) and described in the Settlement Agreement(Exhibit C). It is further, ORDERED that Bridge City's extra-territorial jurisdiction does not extend into and/or intrude upon the area annexed by Port Arthur under Port Arthur Ordinance No. 324("Port Arthur's 324 Annexation Area"). Bridge City's extra-territorial jurisdiction does not extend south of the boundary line as described in the Legal Description(Exhibit B). Bridge City has no interest,right,title or claim to the 324 Annexation Area. It is further ORDERED that Bridge City's extra-territorial jurisdiction does not extend into and/or intrude upon other areas annexed by Port Arthur in the past, including, but not limited to, Port Arthur Ordinance 97-19, which for the purposes of this Agreed Final Judgment only, includes an area that was subsequently disannexed by Port Arthur. Reference to the disannexed area herein has no effect on the disannexation of that area (collectively referred to herein as the "97-19 Ordinance Area"). Bridge City has no interest, right, title or claim to the 97-19 Ordinance Area. It is further ORDERED Port Arthur's 324 Annexation Area and/or Port Arthur's 97-19 Ordinance Area does not extend into and/or intrude upon Bridge City's city limits adopted in Ordinance 2014-09 and/or Bridge City's extra-territorial jurisdiction described in the Settlement (Exhibit A). Port Arthur has no interest, right, title or claim to any of the city limit area annexed by Bridge City in Ordinance 2014-09 and/or Bridge City's extra-territorial jurisdiction described in the Settlement(Exhibit A). It is further ORDERED that all other boundaries for Port Arthur and Bridge City not referenced in this Final Agreed Judgment are still in effect and have not been changed, amended, modified and/or affected by this Final Agreed Judgment. It is further ORDERED that each of the parties to this Agreed Final Judgment shall bear their own costs and attorneys' fees. It is further ORDERED that all other relief requested by and between the parties, except the relief expressly granted herein, is denied. This is a final Judgment that finally disposes of all parties and claims. 17th August SIGNED this day of ,2017. 8/17/2017 HONO' • : E " . - EY ARKEEN P. ' •IN Approved as to Form and Substance: By:/s/Valecia Tizeno THE LAW OFFICES OF RYAN HENRY, PLLC Valecia Tizeno, City Attorney 1380 Pantheon Way, Ste. 110 State Bar No. 24004954 San Antonio, Texas 78232 Telephone: (210) 257-6357 City of Port Arthur Facsimile: (210) 569-6494 P.O. Box 1089 ryan.henry@rshlawfirm.com Port Arthur, TX 77641 artin.derohanian@rshlawfirm.com Phone: (409) 983-8126 Fax: (409) 983-8124 /s/Artin T DerOhanian Email :val.tizeno@,portarthurtx.gov Ryan S.Henry State Bar No. 24007347 Artin T. DerOhanian Of Counsel: State Bar No. 24095346 Bracewell L.L.P. ATTORNEYS FOR DEFENDANT CITY OF BRIDGE CITY By:/s/Staci M. Wilson Richard F. Whiteley State Bar No. 24013744 Staci M. Wilson State Bar No. 24070863 South Tower Pennzoil Place 711 Louisiana, Suite 2300 Houston, Texas 77002 Phone: (713) 223-2300 Fax: (713)221-1212 Email: richard.whiteley@bracewelllaw.com Email: staci.wilson@ bracewelllaw.com