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<br />12.00 <br /> <br />EXHIBIT "B" <br /> <br />OPEN SPACE WITHIN SUBDIVISIONS AND DEVELOPMENTS, PARKS <br />AND PARKLAND DEDICATION, SPECIAL USE SITES - PURPOSE, <br />FORMULA FOR DETERMINATION OF FEES IN LIEU OF DEDICATION <br /> <br />a. <br /> <br />This ordinance is amended with the express purpose to provide <br />recreational areas and amenities in the form of neighborhood and <br />community parks as a function of residential development in the City of <br />La Porte. This ordinance amendment is enacted in accordance with the <br />Home Rule powers of the City of La Porte granted under the Texas <br />Constitution and statutes of the State of Texas, including, without <br />limitation, TEX. LOC. Govt. CODE ~ 5 1.071 et seq. and ~ 212.001 et seq. <br />It is hereby declared that by the City Council of the City of La Porte that <br />recreational areas, in the form of neighborhood parks and related <br />amenities and improvements, are necessary and in the public welfare, <br />and that the only adequate procedure to provide for same is by <br />integrating such a requirement into the procedure for planning and <br />developing property of a residential subdivision in the City of La Porte, <br />whether such development consists of new construction on previously <br />vacant land or rebuilding and redeveloping existing residential areas. <br /> <br />b. <br /> <br />Neighborhood and Community Parks are those parks providing for a <br />variety of outdoor recreational opportunities and within convenient <br />distances from a majority of the residences to be served thereby, the <br />standards for which are set forth in the La Porte Parks, Recreation and <br />Open Space Master Plan, or neighborhood and community areas. The <br />park zones established by the La Porte Parks and Recreation <br />Department and shown on the official La Porte Parks, Recreation and <br />Open Space Master Plan, or neighborhood areas, shall be prima facie <br />evidence that any park located therein is within such a convenient <br />distance from the majority of residences to be served thereby. The cost <br />of the neighborhood parks should be borne by the ultimate residential <br />property owners who, by reason of the proximity of their property to <br />such parks, shall be the primary beneficiaries of such facilities. <br />Therefore, the following requirements are adopted to effect such <br />purposes. <br /> <br />c. <br /> <br />In order to provide an equitable method of determination of the <br />requirements for future development of residential areas of the City of <br />La Porte, the following formula is hereby adopted. The population of the <br />City of La Porte based on the latest United States Census data, adjusted <br />on an annual basis based on the predicted growth of the City as found in <br />the Parks and Open Space Master Plan of the City for the year in which <br />the adjustment is made, is identified. The resultant number is divided by <br />the number of acres of available neighborhood and community parkland <br />inventory in the City of La Porte, resulting in the Number of Persons Per <br />Neighborhood or Community Park Acre in the City of La Porte. This <br />