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O-1958-545
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O-1958-545
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Last modified
11/2/2016 3:38:22 PM
Creation date
10/23/2006 7:26:04 PM
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Template:
Legislative Records
Legislative Type
Ordinance
Date
7/2/1958
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~, .~ <br />,ry <br />'.' . <br /> <br /> <br />to property within its confines, are not susceptible of mun- <br />icipal use, and said City is not in a position to furnish,. nor <br />does it contemplate furnishing to said properties the beneficial <br />services and facilities inherent in a proper municipal function. <br />IV. <br />If the sole purpose of the City in affecting such <br />annexation is to obtain additional tax revenue without a <br />reasonable return in municipal services and benefits, as <br />appears to be true, the annexation is unwarranted. <br />V. <br />Because of the lack of any reasonable relationship <br />between the proposed act of annexation and the municipal need <br />and purpose of the City of La Porte, the said Ordinance No. <br />5~+5 is void as to Du Pont since it contravenes the due process <br />and equal protection clauses of Sections 17 and 19 of the Con- <br />stitution of Texas, the Fou rteenth Amendment to the Constitu- <br />tion of the United States, and is in violation of Section 5, <br />Article XI of the Constitution of Texas prohibiting a Home Rule <br />City from adopting a charter provision or ordinance inconsistent <br />with the constitution and general laws of the State. <br />VI. <br />The properties of Du Pont in the area proposed to <br />be annexed are not,. as a matter of fact and law, "additional <br />territory lying adjacent to said city" and are therefore not <br />susceptible of annexation under Section 10 of the Charter of <br />the City of La Porte, or under the general laws. <br />vII. <br />The proposed annexation Ordinance No. 5~5 taould <br />alter the boundaries of the City of La Porte, as last fixed <br />2. <br />
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