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<br />[~f\l'b)+ If <br /> <br />THOMPSON & KNIGHT LLP <br /> <br />DIRECT DIAL: (214) 969-il02 <br />EMAIL: James.Hatris@1ldaw.com <br /> <br />1700 PACIFIC AVENUE. SUITE 3300 <br />DALLAS, TEXAS 75201-4693 <br />(214) 9'69-1700 <br />FAX (214) 969-1751 <br />www.tklaw.com <br /> <br />AUSTIN <br />DALLAS <br />FORT WORTH <br />HOUSTON <br />NEW YORK <br />SAN ANTONIO <br /> <br />ATTORNEYS AND COUNSELORS <br /> <br />JAMES B. HARRIS <br /> <br />April 7, 2008 <br /> <br />AlC>IERS <br />lONDON <br />MEXICO CITY <br />MONTERREY <br />PARIS <br />RIO DE JANEIRO <br />VIT6RIA <br /> <br />Ron Bottoms <br />City Manager <br />City of La Porte <br />604 West Fairmont Parkway <br />LaPorte, TX 77571 <br /> <br />Dear Mr. Bottoms: <br /> <br />This letter is written on behalf ofthe owners of tracts 1, 2 and 3 of the land that is <br />currently proposed to be annexed by the City of La Porte. I would appreciate your bringing it to <br />the attention of each of the cOUilcil members at tonight's public hearing set to begin at 6:00 p.m. <br /> <br />The proposed annexation of tracts 1,2 and 3 is unlawful for the following reasons: <br /> <br />1. State law requires that the area to be annexed be at least a 1,000 feet wide at its <br />narrowest point. As the attached drawing from the city's engineering department <br />makes clear, the area proposed for annexation is less than 1,000 feet wide at its <br />narrowest point. We question whether the city could make any changes to the <br />area proposed for annexation to satisfy the 1,000 foot requirement. Areasthat <br />might increase the width are already subject to an industrial district agreement, <br />and as we understand that contract those areas cannot be annexed without the <br />consent of the owner, and we question whether the city could obtain such consent. <br /> <br />2. The service plan was not timely provided. As we read state law, the service plan <br />had to be available when notices of public hearings were first sent out. It is <br />undisputed that the service plan was not ready at that point. <br /> <br />3. It is not clear that the area proposed for annexation is contiguous with an existing <br />city boundary. We have yet to see official records from the city demonstrating <br />that the current metes and bounds of the city's boundaries describes an area <br />contiguous to the area currently proposed for annexation. <br /> <br />4. The service plan is inadequate. The city currently provides looped water service <br />to warehouses within its boundaries. To provide like service to the tracts <br />proposed for annexation would require extensive efforts by the city to provide a <br />loop system to the warehouses on the property proposed for annexation. We <br />estimate the cost of providing a loop system, which is necessary under the fire <br />code, could easily run $770,800. This amount is in addition to the approximately <br />$300,000 the city has already estimated to be the cost of providing services. <br /> <br />035894009264 DALLAS 2331583.1 <br />