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HomeMy WebLinkAboutO-1984-1422 e . ORDINANCE NO. 1422 AN ORDINANCE EXTENDING THE CORPORATE LIMITS OF THE CITY OF LA PORTE, TEXAS, TO EMBRACE AND INCLUDE CERTAIN TERRITORY SITUATED NORTH OF FAIRMONT PARKWAY, AND WEST OF THE SOUTHERN PACIFIC RAILROAD TRACKS: ANNEXING TO THE CITY OF LA PORTE, TEXAS, TERRITORY WITHIN SUCH BOUNDARIES: APPROVING A SERVICE PLAN FOR SUCH TERRITORY: PROVIDING FOR TEMPORARY ZONING CLASSIFICATION OF SUCH TERRITORY: MAKING FINDINGS AND OTHER PROVISIONS RELATED TO THE SUBJECT: AND PROVIDING SAVING AND SEVERABILITY CLAUSES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City of La Porte has heretofore adopted a Home Rule Charter granting the City Council the power by ordinance to fix the boundary limits of the City of La Porte and to provide for the extension of said boundary limits, and the annexation of additional territory lying adjacent to the City. This annexation proceeding is conducted pursuant to the authority granted by said Home Rule Charter: by Article l175, Revised Civil Statutes: and by Article 970a, Revised Civil Statutes. Section 2. The City Council of the City of La Porte hereby finds, determines and declares that the hereinafter described territory is adjacent and contiguous to the present City limits of the City of La Porte, and lies within the exclusive extra- terri torial jurisdiction of the City of La Porte, and that the annexation of said territory to the City of La Porte will promote the general health, safety and welfare of persons residing within the City and within the hereinafter described territory. Section 3. The City Council of the City of La Porte has heretofore, on November 7, 1984, passed and approved Ordinance No. 1420, declaring its intention to institute proceedings to annex the hereinafter described territory. Two public hearings were called, and were held on November 26, 1984, and on November 28, 1984, at which public hearings all interested parties were given an opportunity to be heard. Notice of such public hearings was given by publication of Ordinance No. 1420 in the Bayshore Sun on November II, 1984, said newspaper having general circulation - . Ordinance No. 1422 , Page 2. in the Ci ty of La Porte and in the territory proposed to be annexed. Additional notice by certified mail was given to railroad companies then serving the City and on the City's tax roll where the right-of-way thereof was included in the territory to be annexed. Such notices and such hearings were all in conformity with the Municipal Annexation Act of 1963, Article 970a, Vernon's Annotated Texas Statutes, as amended. At such public hearings, the service plan was made available for inspection and explained to the inhabitants of the area to be annexed. Section 4. The City Council of the City of La Porte hereby institutes annexation proceedings as to the following described terri tory, and the same is hereby declared annexed to the City of La Porte Texas, and the boundary limits of the City of La Porte, Texas, be, and the same are hereby, extended to include the following described territory within the City Limits of the City of La Porte, and the same shall hereafter be included within the territorial limits of the City of La Porte, and the inhabitants thereof shall hereafter be entitled to all rights and privileges of other citizens of the City of La Porte, and they shall be bound by the acts, ordinances, resolutions and regulations of the City of La Porte. Section 5. Subject to all sections of this ordinance, the corporate limits of the City of La Porte, Texas, are hereby extended to embrace and include all of the territory within the boundaries set out in "Exhibit a", which exhibit is attached hereto, incorporated herein by this reference and made a part hereof for all purposes, and such territory is hereby annexed to and made a part of the City of La Porte, Texas, for general purposes. Section 6. A service plan for the territory within the boundaries set out in "Exhibit a" is hereby approved as part of this ordinance. Such service plan is set out in "Exhibit A", e . Ordinance No. 1422 , Page 3. which is attached hereto, incorporated herein by this reference and made a part hereof for all purposes. Section 7. The City Council of the City of La Porte finds, determines and de,clares that all of the property surrounding the property hereby annexed to the City of La Porte, is presently zoned industrial, and that the property hereby annexed is restricted by deed restrictions filed in the Office of the County Clerk of Harris County, Texas, to industrial use. Therefore, a temporary zoning classification of "Industrial" under the City of La Porte zoning ordinance is hereby established, until the City Council of the City of La Porte rece i ves a recommendation from the City of La Porte Planning and Zoning Commission, for a permanent classification of said territory hereby annexed. Section 8. This ordinance shall not repeal, impair, modify or in anywise affect any other ordinance annexing terri tory to the Ci ty of La Porte, or any other ordinance heretofore passed on one or more readings and not yet passed on final reading, annexing any territory to the City of La Porte, but such other ordinance or ordinances shall remain and continue to be effective to their intent and purpose as therein stated, wholly unaffected in any way or manner by the passage of this ordinance. This ordinance shall not in anywise be impaired or affected by any other ordinance heretofore introduced or passed on any read ing , whether final or not: nor shall it be affected by any other ordinance which may hereafter be introduced or passed on one or more readings, pending the final passage of this ordinance~ and this ordinance shall be effective to its intent and purpose as hereinabove stated, wholly unaffected by any other annexation ordinance introduced and passed or hereafter introduced and passed on any reading, whether final or not final, annexing territory to the City of La Porte, and wholly unaffected by any ordinance heretofore or hereafter passed calling a hearing -- . Ordinance No. 1422 , Page 4. and giving notice relative to the institution of any annexation proceedings. The procedure initiated hereby and the annexation proceedings instituted hereunder shall be independent of any other proposed and pending annexation of such territory, and such other proceedings shall not be affected hereby. Section 9. It is the intention of the Ci ty of La Porte, Texas, and its City Council to comply with all applicable pro- visions of the City Charter and of the Constitution and Laws of the Federal government of the United States of America and the State of Texas, and this ordinance shall be interpreted and construed in harmony there with. Section ID. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of each meeting of the City Council at which this ordinance has been discussed, considered and formally acted upon was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding each such meeting, as required by the Open Meetings Law, Article 6252-17, Vernon I s Annotated Texas Statutes, and that each such meeting has been open to the public as required by law at all times during which this ordinance or the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notices and the contents and posting thereof. Section II. Should any section of part of this ordinance be held unconstitutional, illegal or invalid, or the application thereof ineffective or inapplicable as to any terri tory, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall in no wise affect, impair or invalidate the remaining portion or portions, the same shall be and remain in full force and effect~ and should this ordinance for any reason be ineffective as to any part of the territory hereby e . Ordinance No. 1422 , Page 5. annexed to the City of La Porte, such ineffect i veness of this ordinance as to any such part or parts of any such terri tory shall not affect the effectiveness of this ordinance as to all of the remainder of such territory, and the City Council hereby declares it to be its purpose to annex to the City of La Porte every part of the territory described in "Exhibit B" of this ordinance, regardless of whether any other part of such described territory is hereby effectively annexed to the City. Provided, further, that if there is included in the description of the territory set out in "Exhibit B" of this ordinance to be hereby annexed to the City of La Porte, any lands or area which are presently part of and included within the general limits of the City of La Porte, or which are presently part of and included in the limits of any other city, town, or village, or which are not within the jurisdiction or power of the City of La Porte to annex, the same is hereby excluded and excepted from the territory to be hereby annexed as fully as if such excluded and excepted area were expressly described herein. Section 12. This ordinance shall take effect immediately upon its final passage. PASSED AND APPROVED, this the 19th day of December, 1984. CITY OF LA PORTE ATTEST: (P~~ Cherie Black, City Secretary A~ a/ dJ Knox W. Askins, Clty Attorney e . EXHIBIT "A" SERVICE PLAN FOR A TRACT OF LAND SITUATED NORTH OF FAIRMONT PARKWAY, AND WEST OF THE SOUTHERN PACIFIC RAILROAD TRACKS. I. INTRODUCTION This Service Plan ("Plan") is made by the Ci ty of La Porte, Texas ("City") pursuant to Section IO of the Municipal Annexation Act art. 970a, V.A.T.S., (Vernon's Supp. 1982) (the "Act"). This Plan relates to the annexation by the Ci ty of a tract of land ("Tract") located North of Fairmont Parkway and West of the Southern Pacific railroad tracks. The Tract is described by metes and bounds in "Exhibit B" which is attached to this Plan and to the annexation ordinance of which this Plan is a part. II. TERM1 EFFECTIVE DATE This Plan shall be in effect for a term of ten years commencing on the effective date of the annexation of the Tract. Renewal of this Plan shall be at the option of the City. Such option may be exercised by the adoption of an ordinance by the City Council which refers to this Plan and specifically renews this Plan for a stated period of time. III. SERVICE PROGRAMS A. In General. This Plan includes two service (i) the Early Action Program, described below, and (i i) Improvement Program, described below. programs: a Capi tal B. Scope and Quality of Services. Services under this Plan shall equal or exceed the number of services and the level of services in existence in the Tract prior to annexation. However, it is not the intent of this Plan to require that a uniform level of services be provided to all areas of the City (including the Tract) where differing characteristics of topography, land utilization and popula- tion density are considered as sufficient basis for providing differing service levels. C. Definitions. 1. As used in this Plan, providing services in- cludes having services provided by any method or means by which the City extends municipal services to any other area of the City. This may include causing or allowing private utilities, governmental enti- ties and other public service organizations to provide such services, in whole or in part. 2. As used in this Plan, the phrase "standard poli- cies and procedures" means those policies and procedures of the City applicable to a particular service which are in effect either at the time that the service is requested or at the time that the service is made available or provided. The policies and procedures may require that a specific type of request be made, such as an application or a petition. They may require that fees or charges be paid, and they may include eligibility requirements and similar provisions. e . D. Early Action Program. 1. Statutory Services. The statutory services will be provided within the Tract within sixty days after the effective date of this Plan, except as otherwise indicated. The statutory services are as follows: a. Police Protection. The Police Department of the City will provide protection and law enforcement in the Tract. These activities will include normal patrols and responses, the handling of complaints and incident reports, and other usual and customary pOlice services. b. Fire Protection. The Fire Department of the City will provide fire protection in the Tract. c. Solid Waste Collection. Residential col- lection services will be provided by City forces. Non-residential service and future residential service will be governed by standard policies and procedures. d. Maintenance of Water and Wastewater Faci- lities. Those water and wastewater facilities included in the Capital Improvement Program, below, will be maintained by an appropriate division of the Department of Public Works or, for a limited period of time, by a conservation and reclamation district which is to be dissolved. Should any extensions of such facilities be made within the Tract, normal maintenance services will be provided. e. Maintenance of Roads and Streets (includ- ing lighting). The Department of Public Works will provide maintenance of roads and streets over which the City will have jurisdiction. (See Capital Improvement Program, below). The City of La Porte will pro- vide services relating to traffic control devices for such roads and streets, and will provide street lighting for such roads and streets through the Houston Lighting and Power Company or by other means. f. Maintenance of Parks, Playgrounds and Swimming Pools. As indicated by the Capital Improvement Program, it is not necessary to acquire or construct such facilities in the Tract, so there are none to be maintained. Should any such facilities be constructed by the City within the Tract, the Department of Parks and Recreation will provide maintenance services for them. g. Maintenance of Any Other Publicly-owned Facility, Building or Service. Those drainage facilities included in the Capital Improvement Program, below, will be maintained by the Department of Public Works, as needed. Should any such facili ties, buildings or services be constructed or located by the City within the Tract, an appropriate City department will provide maintenance services for them. 2. Additional Services. Certain services, in addi- tion to the statutory services, will be provided within the Tract to the same extent they are provided to similar territories elsewhere in the City. These are as follows: a. Library services from existing facilities and future facilities outside the Tract. -2- . e h. Health Services in accordance with stan- dard policies and procedures. c. Emergency Rescue and Ambulance Services, in accordance with standard policies and procedures. E. Capital Improvement Program. The City will initiate the construction or acquisition of capital improvements necessary for providing municipal services for the Tract. Those improvements which are necessary are indicated below, and any necessary construction or acquisition shall begin within two and one-half years of the effective date of this Plan, except as otherwise indicated. I. Police Protection. Police protection for the Tract can be provided by using existing capital improvements. Addi- tional capital improvements are not necessary at this time to provide police protection to the Tract. However, the Tract will be included with other territory in connection with planning for new, revised or expanded police facilities. 2. Fire Protection. Fire protection for the Tract can be provided by using existing capi tal improvements. Addi tional capital improvements are not necessary at this time to provide fire protection to the Tract. However, the Tract will be included with other terri tory in connection with planning for new, revised, or expanded fire-fighting facilities. 3. Solid Waste Collection. No capital improvements are necessary at this time to provide solid waste collection services within the Tract as described in the Early Action Program. However, the Tract will be included wi th other terri tory in connection wi th planning for new, revised or expanded solid waste facilities. 4. Water and Wastewater Facilities. Future exten- sions of public water or wastewater facilities will be governed by standard policies and procedures, and the Tract will be included with other territory in connection with planning for new, revised or expanded public water and wastewater facilities. 5. Roads and Streets (including lighting). In general, the City will acquire dominion, control, and jurisdiction in, over and under public roads and streets within the Tract upon annexation, pursuant to art. 1175, V.A.T.S., and similar provisions, subject to the jurisdictions of other governmental entities. Addi- tional roads, streets or related facilities are not necessary at this time to serve the Tract. Future extensions of roads or streets and future installation of related facilities such as traffic control devices or street lights will be governed by standard policies and procedures. The Tract will be included with other territory in connection with planning for new, revised, widened or enlarged roads, streets or related facilities. 6. Parks, Playgrounds and Swimming Pools. These services can be provided by using existing capital improvements. Addi tional capi tal improvements are not necessary at this time to provide such services to the Tract. However, the Tract will be included with other territory in connection with planning for new, revised or expanded parks, playgrounds and swimming pools. -3- e e 7. Other Publicly Owned Facilities, Buildings or Services: Additional Services. In general, other City functions and services, and the additional services described above, can be pro- vided for the Tract by using existing capital improvements. Additional capital improvements are not presently necessary. However, the Tract will be included with other territory in connection with planning for new, revised or expanded facilities, functions and services, including the additional services described above. IV. AMENDMENT; GOVERNING LAW This Plan may not be amended or repealed except as provided by the Act or other controlling law. Neither changes in the methods or means of implementing any part of the service programs nor changes in the responsibilities of the various departments of the City shall constitute amendments to this Plan, and the City reserves the right to make such changes. This Plan is subject to, and shall be inter- preted in accordance with, the Act, the Constitution and laws of the Uni ted States of America and the State of Texas, and the orders, rules and regulations of governmental bodies and officers having jurisdiction. V. FORCE MAJEURE Should a force majeure interrupt the services described here- in, the City shall resume services under this Plan wi thin a reason- able time after the cessation of the force majeure. "Force majeure", for the purposes of this Plan, shall include, but not be limited to, acts of God, acts of the public enemy, war, blockades, insurrection, riots, epidemics, landslides, lightning, earthquakes, fires, storms, floods, washouts, droughts, tornadoes, hurricanes, arrests and restraints of government, explosions, collisions and any other in- ability of the City, whether similar to those enumerated or other- wise, which is not within control of the City. VI. ENTIRE PLAN This document contains the entire and integrated service plan relating to the Tract and supersedes all other negotiations, repre- sentations, plans and agreements, whether written or oral. -4- . . EXHIBIT "B" BEGINNING at a point in the Richard Pearsall 1/3 League, A-625, within the city limits of La Porte, Texas, at the Northeast corner of La Porte Outlot No. l61; THENCE Westerly along the North line of La Porte Outlots Nos. l61 through 170-1/2 a distance of approximately 3,494 feet to a point 50 feet East of the Northwest corner of La Porte Outlot No. 170-1/2, said corner being in the West line of said Richard Pearsall 1/3 League; THENCE Southerly along a line parallel to and 50 feet East of the West line of La Porte Outlot No. l70-1/2, same being also the West line of said Richard Pearsall 1/3 League, a distance of approximately 458 feet to a point 50 feet North of the North right-of-way line of Fairmont Parkway (250 feet wide): THENCE Easterly along a line parallel to and 50 feet North of the North right-of-way line of Fairmont Parkway a distance of approximately 3,496 feet to a point in the East line of La Porte Outlot No. 1617 THENCE Northerly along the East line of La Porte Outlot No. 161 a distance of approximately 454 feet to the PLACE OF BEGINNING. 3b.G. 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