1971-11-15 Regular Meeting - Laserfiche WebLink

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/. ~` CITY OF SHOREACRES • PHONE 471-2244 619 SHOREACRES BLVD. LA PORTE, TEXAS 77571 November 15, 1971 To: Mayor and City Commissioners City of La Porte, Texas Subject: Comments on Proposed Annexation Action Set Forth in City of La Porte Ordinance No. 900 the City of Shoreacres firmly opposes the annexation of the new State Highway 146 right-of-way as proposed in subject ordinance. We take this action as a directly interested party because part of the area proposed for annexation lies within the extraterritorial jurisdiction of the City of Shoreacres. Our position on the matter was clearly stated in City of Shoreacres Resolution No. 94, passed and approved on December 14, 1970, which states i n part, "the C i ty Counc i 1' of the C i ty o~f Shoreacres does not accept the position stated by the City of La Porte that La Porte has exclusive extraterritorial jurisdiction to the northern portion of the District", meaning the Bayshore Municipal Utility District. A part of the area described in the subject ordinance lies within the District. A copy of City of Shoreacres Resolution No. 94 was formally transmitted to you at time of passage. The City of Shoreacres does not desire to impede any action that is in the best interests of the residents of La Porte or any adjacent unincorp- orated area, and stands ready to negotiate where there is a valid claim for action in the general public interest. However, since the State Highway right-of-way will provide no tax revenue to the City of La Porte and contains nonresidents, we fail to see how your proposed annexation action could promote health, safety and the general welfare, which is the fundamental purpose of incorporation. A legalistic reason can be seen for your annexation of that part of the right-of-way which lies within the new utility district covering the Weems tract, and we raise no objection to such action. Totally different circumstances apply to that part of the right-of-way located South of McCabe Road, and I must recommend that the City of Shoreacres move for court action on the question if you proceed with annexation action on such part. Article 970a, Section 3A, Vernon's Annotated Civil Statutes of Texas, the Municipal Annexation Act which became effective August 23, 1963, provides that the extraterritorial jurisdiction of the City of Shoreacres consistsaof all the unincorporated area, not a part of any other city, within one half mile of the corporate limits. The same section makes ® clear that the extraterritorial jurisdiction of the City of La Porte is EXHIBIT "A"