Loading...
HomeMy WebLinkAboutO-1983-1393 . .,---...,...... .- . THE STATE OF TEXAS ) COUNTY OF HARRIS ) CITY OF LA PORTE ) I hereby certify that the attached and foregoing is a true and correct copy of Ordinance No. 1393, passed and approved by the City Council of the City of La Porte, at a special meeting held on the 28th day of December, 1983, at which meeting a majority of the City Council was present and voted in favor of the passage of said Ordinance, and notice of which meeting was properly posted according to law, prior to the date of such meeting, as said Ordinance appears on record in the minutes of said meeting. To certify which, witness my hand and Seal of Office, this the 10th day of January, 1984. f~~ City Secretary . -- - ORDINANCE NO. 1393 AN ORDINANCE EXTENDING THE CORPORATE LIMITS OF THE CITY OF LA PORTE, TEXAS, TO EMBRACE AND INCLUDE TERRITORY WITHIN CERTAIN BOUNDARIES COMPRISING THE SPENWICK PLACE MUNICIPAL UTILITY DISTRICT; THE COLLEGE VIEW MUNICIPAL UTILITY DISTRICT; AND THE ACREAGE LYING BETWEEN SAID UTILITY DISTRICTS; ANNEXING TO THE CITY OF LA PORTE, TEXAS, TERRITORY WITHIN SUCH BOUNDARIES; APPROVING A SERVICE PLAN FOR 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 ~orte 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 1175, 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 terri- tory is adjacent and contiguous to the present City limits of the Ci ty of La Porte, and lies wi thin the exclusive extraterri torial jurisdiction of the City of La Porte, and that the annexation of sa id terri tory to the Ci ty 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 hereto- fore, on November 22, 1983, passed and approved Ordinance No. 1392, declaring its intention to institute proceedings to annex the herein- after described territory. Two public hearings were called, and were held on December 5, 1983, one hearing being held at La Porte City Hall and the second hearing being held within the territory annexed, at which public hearings all interested parties were given an _ opportuni ty to be heard. Notice of such public hearings was given by publication of Ordinance No. 1392 in the Bayshore Sun on November 23, 1983, said newspaper having general circulation in . e Ordinance No. 1393 Page 2 the City 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 terri tory 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 ter- ritory, and the same is hereby declared annexed to the City of La Porte Texas, and the boundary 1 imi ts of the Ci ty of La Porte, Texas, be, and the same are hereby, extended" to include the follow- ing described terri tory wi thin the Ci ty Limi ts of the Ci ty of La Porte, and the same shall hereafter be included wi thin the terri- torial limits of the City of La Porte, and the inhabitants thereof shall hereafter be entitled to all rights and privileges of other c i t i zens of the Ci ty of La Porte, and they shall be bound by the acts, ordinances, resolutions and regulations of the Ci ty of La Porte. Section 5. Subject to all sections of this ordinance, the cor- porate limits of the Ci ty of La Porte, Texas, are hereby extended to embrace and include all of the territory wi thin the boundaries set out in "Exhibit B", which exhibit is attached hereto, incorpor- ated herein by this reference and made a part hereof for all pur- poses, and such terri tory 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 boun- daries set out in II Exh ibi t B" is hereby approved as part of this ordinance. Such service plan is set out in "Exhibit A", which is " . e Ordinance No. 1393 Page 3 a ttached hereto, incorpora.ted herein by this reference and made a part hereof for all purposes. Section 7. This ordinance shall not repeal, impair, modify or in anywise affect any other ordinance annexing territory to the City of La Porte, or any other ordinance heretofore passed on one or more readings and not yet passed on final reading, annexing any terri- tory 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 reading, 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 and giving notice relative to the institution of ~ny annexation pro- ceedings. The procedure ini tiated hereby and the annexation pro- ceedings instituted hereunder shall be independent of any other proposed and pending annexation of such terri tory, and such other proceedings shall not be affected hereby. Section 8. It is the intention of the City of La Porte, Texas, and its City Council to comply with all applicable provisions of the City Charter and of the Constitution and Laws of the Federal govern- -ment of the United States of America and the State of Texas, and this ordinance shall be interpreted and construed in harmony there with. . e Ordinance No. 1393 Page 4 Section 9. 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'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 rati- fies, approves and confirms such written notices and the contents and posting thereof. Section 10. Should any section of part of this ordinance be held unconstitutional, illegal or invalid, or the application thereof ineffective or inapplicable as to any territory, such unconsti tu- tionali ty, illegali ty, invalidi ty, 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 terri tory hereby annexed to the Ci ty of La porte, such ineffectiveness of this ordinance as to any such part or parts of any such territory 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 terri tory described in II Exhibi t B" of this ordinance, regardless of whether any other part of such described terri tory 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 ordi- nance to be hereby annexed to the Ci ty of La Porte, any lands or - e Ordinance No. 1393' Page 5 area wh ich are presently .part of and included wi thin the general 1 imi ts of the Ci ty of La Porte, or .which are presently part of and included in the limits of any other ci ty, town, or village, or which are not wi thin the jurisdiction or power of the Ci ty of La Porte to annex, the same is hereby excluded and excepted from the terri tory to be hereby annexed. as fully as if such excluded and excepted area were expressly described herein. It is the intention of the Ci ty Counc il of the Ci ty of La Porte to annex to the Ci ty of La Porte, all of the terri tory comprising the Spenwick Place Municipal Utility District and the College View Municipal utili ty District, together wi th the acreage lying between said Districts. Section ll. This ordinance shall take effect immediately upon its final passage. PASSED AND APPROVED, this the 28th day of December, 1983. CITY OF LA PORTE . I ~J' , , &r~ By: ,/./<.~.t-)~~'''//7.:. . ,', n,c"'''' Vlrg~la Cllne, Mayor 7 ATTEST: , .- II /! II" ' I 7'<..' ~.< / c/f.bt~...R./ /....J.-'-L.'L.C-f'(../ City Secretary A~~~ City Attorney . e EXHIBIT "A" "SERVICE PLAN FOR A TRACT OF LAND COMPRISING THE SPENWICK PLACE MUNICIPAL UTILITY DISTRICT; THE COLLEGE VIEW MUNICIPAL UTILITY DISTRICT; AND THE ACREAGE LYING BETWEEN SAID UTILITY DISTRICTS; INTRODUCTION This Service Plan (" Planll) is made by the City of La Porte, Texas ("Cityll) pursuant to Section ~O of the Municipal Annexation Act art. 970a, V.A.T.S., (Vernon's Supp. 1982) (the "Actll). This Plan relates to the annexation by the City of a tract of land (IITract") com- pr ising the Spenwick Place Municipal Utili ty District; the College View Municipal Utility District; and the acreage lying between said utili ty districts. 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. TERM; 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. I. SERVICE PROGRAMS A. In General. This Plan includes two service programs: (i) the Early Action Program, described below, and (i i) a Capital Improvement Program, described below. 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 pro- vided to all areas of the City (including the Tract) where differing characteristics of topography, land utilization and population 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 entities and other public service organizations to provide such services, in whole or in part. 2. As used in this plan, the phrase "standard pol- icies and procedures" means those policies and procedures of the Ci ty applicable to a particular service wh ich 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. 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: . e 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 prov ided by Ci ty 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 Capi tal Improvement Program, below, will be maintained by an appro- priate 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 mainte- nance of roads and streets over which the Ci ty will have j urisdic- tion. (See Capital Improvement Program, below). The City of La Porte will provide 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 Ci ty 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 terri tories elsewhere in the City. These are as follows: a. Library services from existing facilities and future facilities outside the Tract. b. Health Services in accordance with stan- dard policies and procedures. c. Emergency Rescue and Ambulance Services by the City's contract or, La Porte Area Emergency Corps, in accor- dance 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 construc- tion or acquisition shall begin within two and one-half years of the effective date of this Plan, except as otherwise indicated. 1. 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- . e 2. Fire Protection. Fire protection for the Tract can be provided by using existing capital improvements. Addi tional capi tal improvements are not necessary at this time to provide fire protection to the Tract. However, the Tract will be included wi th other territory 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 with other terri tory in connection with planning for new, revised or expanded solid waste facil i ties. 4. Water and Wastewater Facilities. Those water and wastewater facilities (including any under construction) owned by Spenwick Place Municipal utility District and College view Municipal utility District will be acquired by the City. Future extensions of public water or wastewater facili~ies will be governed by standard policies and procedures, and the Tract will be included wi th other terri tory in connection wi th planning for new, revised or expanded public wa ter and wastewa ter facil i ties. Wi th respect to util i ty district facilities and utility district bond funds to be acquired, the City will: a. assume all reasonable commitments and contracts made by the districts in the ordinary course of business prior to the dissolution of the districts, conditioned upon suffi- cient capacity having been provided for by the districts; b. assist the districts with bond approval and sale for planned capi tal improvements which are in keeping with the City's practices and are beneficial in integrating the area into the City's water and wastewater systems; c. expedite the approval of plans and bond applications in order to meet the time constraints imposed by annex- ation and the dissolution of the districts; d. allow the districts' residents and pro- perty owners, who have or would have contributed to the retirement of district bonds prior to annexation, a reasonable opportunity to obtain the use of utility capacity if the districts' bond funds have been used to pay for such capacity; and e. expend unobligated proceeds of the dis- tricts' bonds for projects which are consistent with the purposes for which the proceeds may be lawfully used, which may include providing water, wastewater or drainage services for residents and properties wi thin the boundaries of the annexed districts, such projects to be undertaken in a timely manner. 5. Roads and Streets (including lighting). In general, the City will acquire dominion, control, and jurisdiction in, over and under public roads and streets wi thin 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, stree ts or related fac il i ties 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 capital improvements are not necessary at this time to provide such services to the Tract. However, the Tract will be included wi th other terri tory in connection wi th planning for new, revised or expanded parks, playgrounds and swimming pools. 7. Other Publicly Owned Facilities, Buildings or Services; Additional Services. In general, other City functions and -3- . e services, and the addi tional services described above, can be pro- vided for the Tract by using existing capital improvements. However, those drainage facilities (including any under construction) owned by Spenwick Place Municipal utili ty District and College View Muni- cipal utility District, will be acquired by the City. Additional capi tal improvements are not. presently necessary. However, the Tract will be included wi th other territory in connection wi th 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 United States of America and the State of Texas, and th.e orders, rules and regulations of governmental bodies and officers having juri sd iction. V. FORCE MAJEURE Should a force majeure interrupt the services described here- in, the Ci ty shall resume services under this Plan wi thin a reason- able time after the cessation of the force majeure. IIForce 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- abil i ty 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- . e EXHIBIT IIBII Boundariei of a tract of land comprising the Spenwick Place Municipal utili ty District; the College View Municipal utili ty District; the acreage lying between said districts; and portions of the rights-of-way of Fairmont parkway and Spencer Highway; all in Harris County, Texas. BEGINNING at the point in the present ci ty 1 imi t line of the City of La Porte, said point being the intersection of the Easterly right-of-way line of Underwood Road and the Northerly right-of-way line of Spencer Highway, also known as West Main Street, in the City of La Porte; THENCE, Westerly along the said Northerly right-of-way line of Spencer Highway, also known as West Main Street, to its point of intersection wi th the Westerly right-of-way line of Underwood Road; THENCE, continuing in a Westerly direction along the Northerly right-of-way of said Spencer Highway, also known as West Main Street, to a point which is the Northerly extension of the Easterly property line of the 141 acre San Jacinto College tract; THENCE, Southerly along the said Northerly extension and the Easterly property line of the said l4l acre San Jacinto College tract, and its southerly extension, to its point of intersection with the Southerly right-of-way line of Fairmont parkway; THENCE, Easterly along the Southerly right-of-way line of said Fairmont Parkway, following its curves, to its point of intersection wi th the Easterly right-of-way line of Underwood Road; THENCE, Northerly along the said Easterly right-of-way line of Underwood Road, to the point of beginning.