HomeMy WebLinkAboutO-1958-558 (first reading),i
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ORDINANCE NO. 558
I; AN ORDINANCE EXTENDING THE CITY LIMITS OF THE CITY OF LA PORTS TO INCLUDE ALL
,LANDS AND AREA WITHIfd CERTAIN LIMITS AND BOUNDARIES AND ANNEXING TO THE CITY OF ~;
LA PURTE ALL OF THE AREA WITHIN SAID LIMITS AND BOUNDARIES, EXCLUDING SUCH LANDS
OR AREA WHICH IT IS NOT WITHIN] THE JURISDICTION OF THE CITY OF LA FORTE TO ANNEX;';
'PROVIDING FOR PUBLICATION OF THE ORDINANCE AFTER ITS INITIAL INTRODUCTION AND
.PASSAGE BY THE CITY COMMISSION OF THE SAII3 CITY; PROVIDING THAT ANY CITIZEN OF
'TIiE SAID CITY OR OF THE TERRITORY TO BE ANNEXED SHALL HAVE THE RIGHT TO COP]TEST
'.'SUCH ANNEXATION AND BE GIVEN AN OPPORTUNITY TO BE HEARD; PROVIDING THAT THE IN-
j~IIABITANTS OF THE TERRITORY HEREBY ANNE:~.ED SHALL BE ENTITLED TO THE RIGHTS AND
;;PRIVILEGES OF OTHER CITIZENS OF THE CITY Ur LA FORTE AND SHALL BE BOUND RY THE
I ACT S, ORDINANCES, ETC., OF SAID CITY; AND PROVIDING A SAVINGS CLAUSE.
~+ WHEREAS, under and by virtue of Section 2, Article 1175, of the Revised:
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,Civil Statutes of the State of Texas, of 125, as amended, and Section 10 of the
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~liome Rule Charter of the City of La Porte, the said City is authorized and em-
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I~;~powered to fix the boundary limits of said City, and to provide for the extension
Hof said boundary limits and the annexation of additional territory lying adja-
';cent to said City, with or without the consent of the territory and the inhabi-
tams annexed; and
WIiEREAS, the City Commission of the City of La Porte, after due and
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determined that the territory within the hereinafter
''described limits, lying adjacent to the City of La Porte, is adaptable to, and !
necessary for, the economical and municipal needs and growth of the City of La
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"Porte, and should be annexed to said City:
~` NOW, THEREFORE, BE IT ORDAINED BY THE CITY C0,~1[~SISSION OF TIIE CITY OF
rcareful consideration,
LA FORTE, TEXAS, THAT:
is
'; Section 1.
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The boundary limits of the City of La Porte, Texas, be en- 3
larged and extended, as hereinafter set out,
so as to include within the boundary
:,limits of said City all that territory lying adjacent to said City within the
;following described limits, without the consent of the territory and the inhabi-
;tams annexed, to-wit:
Beginning on the present City Limit line of the City of La Porte,
at the intersection of the center line of West i~adison Street
(formerly known as North D Street) and the West right-of-way line
of North Second Street;
Thence in a Northerly direction along the West right-of--way line
of North Second Street to the point where the West right-of-way
line of said North Second Street, extended in the same airection,
intersects with North right-of-tray line of the T. G N. 0. Railroad
(also known as the G. H. U S. A. Railroad?;
Thence in a Northwesterly direction along the North right-of-way
! line of the said 'T. ~~ N. 0. Railroad to the point where the same
`' intersects with the East boundary line of the To~an of Lomax, Texas;
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Thence in a Northerly direction along the East boundary line
of the Town of Lomax, Texas, to the Northeast corner of the
said Town of Lomax;
Thence in a Westerly direction along the Northernmost boundary
line of the said Town of Lomax extended, to the point where the
same intersects with the Northerly right-af-way Iine or Texas
~~ State Highway No. 225 (also known as Houston-La Porte Road);
';i Thence in a Northwesterly. direction along the Northerly right-
'' of-way line of the said Texas State Highway No. 225, to the point ;
' where the same intersects with the Easterly right-of-way line
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i of Texas State Highway No. 134 (also known as Battleground Road);
Thence in a Northerly direction along the Easterly right-of-
~` way line of the said State Highway No. 134, to the point where
the same intersects with the Southerly boundary line of the San
Jacinto Battleground State Park of Texas;
Thence in a Southeasterly direction along the said Southerly `
boundary line of the said State Park to the Southernmost point
of said boundary line;
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Thence in a Northeasterly direction along the Easterly boundary {
f line of said State Park, extended in the same direction, to the ~~
# point where the same intersects with an imaginary line twenty-
'~ five hundred (25dU) feet distant from, and parallel to, and
Southwest of, the center line of the Houston Ship Channel;
' Thence in a Southeasterly direction along an imaginary line
+;~ twenty-five hundred (25UU) feet distant from, and parallel tot
and Southwest of, said center line of the Houston Ship Channel,
-+ to the point where said imaginary line intersects with the North y
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t~ boundary line of the La Porte independent School P,istrict;
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'` Thence in a l~esterly direction along the said North boundary line
of the said La Porte Independent School District to the point
where said boundary line of said School District intersects with
the shore Iine of San Jacinto Bay;
• Thence in a Southerly direction and along the said shore line and
?" following the meanders of the said shore line of the said San
~~ Jacinto Bay, to the point where it intersects the East right-of-
way line of North First Street extended in a Northerly direction;
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Thence in a Southerly direction along said extension of the East
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right-of-way line of North First Street and along the East rig
~~ of-way Line of North First Street to the center line of said West
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Madison Street;
Thence in a Westerly direction along the center line of West [~adi-
; son Street and along the present City Limits of the City of La
;; Porte, to the Place of Beginning.
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Section 2. Provided, however, that if there is included within the gen-
~eral description provided in Section 1 of this ordinance to be hereby annexed to
;the City of La Porte any lands or area which it is not within the jurisdiction of
;!the City of La Porte to annex, the same is hereby excluded and excepted from the
• ';;area to be hereby annexed as fully as if it had been hereinabove expressly des-
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'scrib
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;~ ed and excepted from such area.
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Section 3. From and after the passage of this ordinance, the inhabi-
',tants of the territory hereby annexed shall be entitled to all the rights and
;privileges of other citizens of the City of La Porte and shall be bound by the
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'..acts, ordinances, resolutions and regulations of the said City of La Porte.
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? Section 4. upon the introduction of this ordinance in the City Commis=
sion of the City of La Porte, Texas, it shall be published in the official news-
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;paper as adopted by the said City Commission in the City of La Porte one (1) a
gtime, and it shall not thereafter be finally acted upon until at least thirty
;(30) days have elapsed after the first notification thereof. Any citizen of the
,City of La Porte or of the territory to be annexed shall have the right to contest
'such annexation by filing with the City Commission of the City of La Porte a
written petition setting out the reasons for said contest, and after such citizen
!or citizens shall have been given an opportunity to be heard, this ordinance, in
its original or amended form, as the said City Commission in its judgment may a
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determine, may be finally passed.
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Section 5. Should any section or part of this ordinance be held uncon-
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stitutional, illegal or invalid, such unconstitutionality, illegality, or invali-!
dity of such section or part shall in nowise affect, impair or invalidate the c
.remaining portions thereof, but as to such remaining portions the same shall be
,'.and remain in full force and effect; and should this ordinance for any reason be
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`ineffective as to any part of the area hereby annexed to the City of La Porte or
as to any part of the area hereby declared and ordained to be within the City
Limits of the City of La Porte, such ineffectiveness of this ordinance as to any
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such part or parts of any such area shall not affect the effectiveness of this
ordinance as to all of the remainder of such area, and the City Commission here-
by declares it to be its purpose to annex to the City of La Porte every part of i
the area described in Section 1 of this ordinance regardless of i~hether any other;
a
particular part or parts of the land so described in Section 1 hereof, is or
are effectively annexed to the City of La Porte.
Section b. This ordinance shall be in force and effect from and after
it has been published and finally passed by the City Commission of the City of
La Porte, in accordance with the provision of Section ~ of this ordinance.
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Introduced and approved and passed
of La Porte upon first reading, on this the
1958.
!';iT~ ~~T: ,.
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City Clerk of the City of La Porte,
Texas
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NATIONAL PETRO-CHEMICALS CORPORATION
~. l __ _,.-_-
By ~ ~ _ 1~~
President.
AT~~S'T~
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cwt..-r.4.,~'' ~~-~~'~--C"~-~...
- ecr Lary.
HOUSTON LIGHTING & POWER COMPANY
By
ATTEST: President.
Secre ary.
PHILLIPS PETROLEUM COMPANY
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By
President.
ATTEST:
Secretary.
CITY OF LA PORTE
Mayor
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ATTEST:
.~_ -_--.. ~. ~ ~J
°~ Ci y Secre ary.
r _.
~, /°,~
,// Ci y Comm ssioner.
Ci y Commiss oner.
Ci y Commissioner.
Ci y Commissioner.
Ci y ommissioner.
APPROVED AS TO FORM:
Ci y A orney.
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December 1 Z 1958.
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The City of La Porte,
La Porte, Texas.
Gentlemen:
In connection with the Agreement of even date
herewith, between you and the undersigned, it is agreed
that:
While it is anticipated that the formula set
out in that Agreement will produce in taxes to the City
each year the total sum of One Hundred Twenty-Five Thousand
Dollars ($125,000), should the total Harris County valua-
tions of the Industries in the area in any year be such that
the total sum so calculated would be less than that amount,
the values of each Industry will nevertheless be considered
for that year as an amount which, applied to the formula of
the Agreement, will result in a total tax payment to the
City from the Industries of One Hundred Twenty-five Thousand
Dollars ($125,000}.
Signed in several counterparts, any and all of
which constitute one instrument, as of the above date.
Very truly yours,
E. I, du PONT de~NEMOURS AND
COMPANY
By
CELANESE CORPORATION OF AMERICA
By
NATIONAL PETRO-CHEMICALS CORPORATION
By
HOUSTON LIGHTING & POWER COMPANY
By
PHILLIPS PETROLEUM COMPANY
lit o~ --~
By
December ~ Z 1958.
The City of La Porte,
La Porte, Texas.
Gentlemen:
In connection with the Agreement of even date
herewith, between you and the undersigned, it is agreed
that:
While it is anticipated that the formula set
out in that Agreement will produce in taxes to the City
each year the total sum of One Hundred Twenty-Five Thousand
Dollars ($125,000), should the total Harris County valua-
tions of the Industries in the area in any year be such that
the total sum so calculated would be less than that amount,
the values of each Industry will nevertheless be considered
for that year as an amount which, applied to the formula of
the Agreement, will result in a total tax payment to the
City from the Industries of One Hundred Twenty-five Thousand
Dollars ($125,000).
Signed in several counterparts, any and all of
which constitute one instrument, as of the above date.
Very truly yours,
E. I. du PONT de NEM0UR5 AND
COMPANY
By
CELANESE CORPORATION OF AMERICA
By
NATIONAL PETRO-CHEMICALS CORPORATION
By
i
HOUSTON LIGHTING & POWER COMPANY
PHILLIPS PETROLEUM COMPANY
By - - -
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December ~Z 1958.
The City of La Porte,
La Porte, Texas.
Gentlemen:
In connection with the Agreement of even date
herewith, between you and the undersigned, it is agreed
that:
While it is anticipated that the formula set
out in that Agreement will produce in taxes to the City
each year the total sum of One Hundred Twenty-Five Thousand
Dollars (125,000), should the total Harris County valua-
tions of the Industries in the area in any year be such that
the total sum so calculated would be less than that amount,
the values of each Industry will nevertheless be considered
for that year as an amount which, applied to the formula of
the Agreement, will result in a total tax payment to the
City from the Industries of One Hundred Twenty-five Thousand
Dollars ($125,000).
Signed in several counterparts, any and all of
which constitute one instrument, as of the above date.
Very truly yours,
E. I. du PONT de~NEMOURS AND
COMPANY
By
CELANESE CORPORATION OF AMERICA
By
NATIONAL PETRO-CHEMICALS CORPORATION
By ~ ~ ~ 1 ~ ~ ' ~_ ~ ~ _~ _
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HOUSTON LIGHTING & POWER COMPANY
By ----
PHILLIPS PETROLEUM COMPANY
By
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December ~ ~' 1958.
The City of La Porte,
La Porte, Texas.
Gentlemen:
In connection with the Agreement of even date
herewith, between you and the undersigned, it is agreed
that:
While it is anticipated that the formula set
out in that Agreement will produce in taxes to the City
each year the total sum of One Hundred Twenty-Five Thousand
Dollars ($125,000), should the total Harris County valua-
tions of the Industries in the area in any year be such that
the total sum so calculated would be less than that amount,
the values of each Industry will nevertheless be considered
for that year as an amount which, applied to the formula of
the Agreement, will result in a total tax payment to the
City from the Industries of One Hundred Twenty-five Thousand
Dollars ($125,000}.
Signed in several counterparts, any and all of
which constitute one instrument, as of the above date.
Very truly yours,
E. I. du PONT de~NEMOURS AND
COMPANY
By
CELANESE RATION OF AME, A
~' By Li~ c
y~~a,paESIDEN"r ,~ ~. a5 i~zE nR~`1
NATIONAL PETRO-CHEMICALS CORPORATI01~
By
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HOUSTON LIGHTING & POWER COMPANY
By
PHILLIPS PETROLEUM COMPANY
By
December ~ ~, 195$•
• The City of La Porte,
La Porte, Texas.
Gentlemen:
In connection with the Agreement of even date
herewith, between you and the undersigned, it is agreed
that:
While it is anticipated that the formula set
out in that Agreement will produce in taxes to the City
each year the total sum of One Hundred Twenty-Five Thousand
Dollars ($125,000}, should the total Harris County valua-
tions of the Industries in the area in any year be such that
the total sum so calculated would be less than that amount,
the values of each Industry will nevertheless be considered
for that year as an amount which, applied to the formula of
the Agreement, will result in a total tax payment to the
City from the Industries of One Hundred Twenty-five Thousand
Dollars ($125,000).
Signed in several counterparts, any and all of
which constitute one instrument, as of the above date.
Very truly yours,
E. I. du PONT de~NEMOURS AND ~~ ~
COMPAN`Y~--~-° ~~
i ....,,..-~ f
Vice-President ~
CELANESE CORPORATION OF AMERICA
By
NATIONAL PETRO-CHEMICALS CORPORATION
By
HOUSTON LIGHTING & POWER COMPANY
By
PHILLIPS PETROLEUM COMPANY
By
A G R E E M E N T
THIS AGREEMENT made and entered into by and be-
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WITNESSETH THAT:
WHEREAS, the City has passed at first reading
THE STATE OF TEXAS
COUNTY OF HARRIS
tween the City of La Porte, Texas, a home rule municipal
corporation in Harris County, Texas, hereinafter called the
"City", acting by and through its officers and members of
its City Commission signatory hereto, and E. I. du Pont de
Nemours and Company, Celanese Corporation of America,
National Petro-Chemicals Corporation, Houston Lighting &
Power Company and Phillips Petroleum Company, each being
corporations with permits to do business in Texas, herein
called the "Industries" and/or "Industry",
on October 17, 1858 that certain Ordinance No. 558, pur-
porting to annex to the existing City limits an additional
area which would include all or a part of the real proper-
ties and/or manufacturing plants of the Industries within
the City limits, as so extended, and
WHEREAS, the Industries have duly filed with
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the City written protests and ob,jectiens to the said
annexation proposed in said Ordinance No, 558, contending
that the City is without the power or authority in law to
annex all or any part of the properties of each of the
Industries to the City; that said properties are not
suitable for municipal needs and purposes; that said prop-
erties have no need of municipal services and entitlements
from the City and the City is not in position to furnish
the same in the foreseeable future; that such properties
cannot be annexed to pay existing bonded indebtedness of
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the City; that such proposed annexation contravenes statu-
tory and constitutional rights of the Industries; all as
more particularly set out in said protests and objections,
and
WHEREAS, a controversy therefore exists as to
the legal right of the City to annex the properties of the
Industries and it is the desire of the parties to settle
such controversy, and
WHEREAS, the parties recognize that in the cir-
cumstances a partial annexation of some of the real proper-
• ties of each of the Industries within the area, but not
the full annexation of their entirety, pursuant to the
terms hereinafter set out, is a reasonable, lawful and
equitable manner in which to settle such controversy;
NOW, THEREFORE, in consideration of the mutual
covenants and agreements herein contained, the sufficiency
of which is acknowledged, it is agreed by and between the
parties as follows:
I.
The Industries withdraw any protest or ob~ec-
tion to the final enactment of Amended Ordinance No, j58,
as passed upon second and final reading by the City Com-
mission on the date hereof (a copy of which is attached
for all purposes), and waive any and all right to notice,
protest or any other procedural requirement as to such
final enactment of said Amended Ordinance that might
otherwise be required, and covenant that they will make
no attack upon the annexation therein provided, subject
to the other terms hereof.
II.
The City will maintain the areas annexed in
said Amended Ordinance No. 558, as areas within the
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limits of the City, for the duration of this Agreement,
will not disannex the same or any part thereof, or enter
into any agreement with any other municipality of what-
ever nature, which would result in a transfer of the
area so anr~exed to the ,jurisdiction of any other munici-
pality.
III.
During the term hereof, the City will not
annex or attempt to annex any properties of the Indt;:s-
tries, or any of them, other than those included within
the descriptions set out in said Amended Ordinance No.
558.
Iv.
During the term hereof each of the Industries
will pay ad valorem taxes to the City on that portion of
its land included within the limits of the City under
said Amended Ordinance No. 558, the amount of such taxes
to be determined by the use of the following formula:
1. The assessed ad valorem tax value
fixed annually by Harris County on the entire
property of each of the Industries which lies
within the area described in Ordinance No. 558
prior to its amendment, (sometimes ref erred to
herein as the "area"), shall be assessed by the
City as the ad valorem tax value for that year
of that portion of the property of such Industry
which lies within the limits of the City under
the provisions of amended Ordinance No, 558,
(sometimes referred to herein as the "annexed
property"), The then current tax rate of the
City shall be applied to the valuations so ob-
tained and each Industry will pay to the City
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the amount of taxes thus resulting on its annexed
property for that year; provided, however, that if the
total amount of taxes to be paid the City by all of the
Industries collectively as determined by the use of
said f ormuia shall exceed the sum of One Hundred Twe7ty-
five Thousand Dollars ($125,000) in any year, then for
that year the valuation of the annexed property of each
of the Industries shall be in an amount which will yield
to the City at the then current City tax rate that In-
dustry's proportionate part of the sum of $125:000 in
• the ratio tYiat the Harris County ad valorem tax valua-
tion of the property of such Industry in the area for
that year bears to the total Harris County ad valorem
tax valuation of the properties of all of said Indus-
tries within the area.
2. The annual tax payment of each Industry to
the City hereunder shall be in two installments, the
first of which shall be made by such Industry on or
before January 15 in each year in an amount not less
than cne-half of the taxes which would be paid by that
' Industry to the City calculated on its Harris County
ad valorem tax valuation of its property in the area
for the preceding year. The second installment shall
be paid by each Industry on or before September 1 in
each year unless Harris County has not then made final
its assessment on the properties of:~such Industry in
the area for that year, in which event the second in-
stallment shall be paid within thirty days after such
assessment has been made final. Such second install-
ment to be paid by each Industry shall be in an amount
equal to the balance of taxes remaining due by it to
the City for~that year when calculated on the basis of
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its final Harris County ad valorem tax valuation of
its properties in the area for such year, taking into
account the then current tax rate of the City and the
final ad valorem tax valuation placed by Harris County
for that same year on the properties of each of the
other Industries lying within the area when related
proportionately to the limitation of $125,000 per year
in total taxes to be paid the City by the Industries
collectively as hereinabove provided. In the event
the valuation of said property of any Industry has not
. been made final by Harris County prior to September 1
in any year and any payment thereaf ter by such Industry
based on its final valuation for that year would be in
an amount which would cause the total taxes paid by all
of the Industries collectively to the City for that
year to exceed $125,000, then such Industry shall pa,~
to the other Industries proportionately on the basis
hereinabove provided an amount equal to that by which
its tax payment for that year would exceed said total
$125,000 (and reduced, if necessary) in order to effect
a readjustment among all of the Industries of the pro-
portionate tax payment of each to the City for that
year in accordance with the formula above provided,
3. In the event any Industry should elect to
protest its Harris County tax valuation on its proper-
ties within the area, as fixed by the Commissioners
Court of Harris County for any year during the term
hereof, then nothing in this Agreement shall preclude
its protest of such valuation and its taking all legal
steps desired by it to defend against the same insofar
as Harris County is concerned. However, on or before
September 1 in that year or within ten days after the
action of the Commissioners Court of Harris County
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fixing such protested assessment, whichever is the
later date, such protesting Industry shall pay to the
City its second installment of taxes due for that
year based on its Harris County ad valorem tax valua-
tion of its properties within the area for the year
preceding. At such time as the Harris County ad
valorem tax valuation on the property of that Industry
which lies within the area has become final either as
the result of final judgment of a court of competent
jurisdiction or as the result of other final conclusion
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h h
hi
t
as s
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of the controversy, then that Indus
protested shall make payment to the City of any addi-
tional tax due it based on such final valuation unless
such additional payment shall cause the total taxes
paid by all of the Industries collectively to the City
for that year to exceed $125,000, in which event such
protesting Industry shall pay to the other Industries
proportionately on the basis hereinabove provided an
amount equal to that by which its tax payment for that
year would exceed said total $125,000 (and reduced, if
• necessary), in order to effect a readjustment among all
of the Industries of the proportionate tax payment of
each to the City for that year in accordance with the
formula above provided.
~. Nothing herein contained shall be con-
strued as a joint undertaking of liability on behalf
of the Industries to the City, so as to create, or pur-
port to create any guarantee by any of the corporate
Industries of the obligations of another; the under-
taking of each of the Industries being direct to the
City in the same manner as any other obligation to
pay ad valorem taxes, and the remedies of the City
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for the enforcement of this Agreement are cumulative
of those otherwise resting in the City for the en~-
forcement or collection of ad valorem taxes.
5. The payments to be made by each of the
Industries hereunder to the City are tax payments
and not payments in lieu of taxes.
V.
In the event the City should for any reason
dissolve or become dis-established in any manner during
the term hereof, the unaccrued obligations of the Indus-
• tries.hereunder shall immediately cease.
VI .
The term of this Agreement shall be from Janu-
ary 1, 1959 to and including December 31, 1963; provided,
however, that in the event this Agreement is not renewed
and/or extended in the same or an amended form on or be-
f ore November 1, 1963, the agreement of the City not to
annex additional portions of the properties of the Indus-
tries shall terminate. No provision hereof shall prejudice
the rights of any of the parties hereto after termination
of this Agreement.
• VII.
The terms and provisions hereof shall be bind-
ing upon, and inure to the benefit of, the successors and
assigns of the parties hereto. Provided, however, that
upon the sale, conveyance or lease, during the term hereof,
to any person or corporation not a party hereto, by any of
the Industries, of any of its land within the area, upon
which no substantial improvements exist on the date hereof,
the land so disposed of, and any substantial improvements
thereaf ter placed thereon, shall thereupon not be further
sub,~ect to the operation of this Agreement for all purposes,
except that the annexation of said Amended Ordinance No.558
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shall remain intact. Furthermore, any substantial improve-
ments constructed on land within the area by Phillips Petro-
leum Company during the term hereof are excluded herefrom
for all purposes.
VIII.
This Agreement may be executed and delivered
in any number of counterparts or copies, any and all of
which shall constitute and be considered as one and the
same instrument. Each person, entity or corporation which
executes this instrument or any counterpart or copy there-
. of shall be bound by all of its terms and provisions as
herein set forth from and after the time the,. same or a
counterpart or copy thereof is also executed by all other
parties hereto.
IN WITNESS WHEREOF, this Agreement is executed
as of December LZ , 1958.
E. I. du PONT de NEMOURS AND COMPANY
By
General Ma~zager, Grasselli
Chemicals Department.
ATTEST;
Secre ary.
CELANESE CORPORATION OF AMERICA
By
President
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ATTEST:
ecre ary.
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ORDIN~-NCE N0. 558
tiS NP.IENllE'D
AN ORDINANCE EXTENDING THE CITY LIMITS OI' THE CITI' OF LA PGR9'i~ TO YNCLUDE ALL
LANDS AND ARLA ~IITHIN CERTAIN LIMITS AND BOUNDARIES AND ANNEXING TO THE CIY"1 ON
LA PORTE ALL OF THE ARE:4 FIITIIIPJ Sf~iD Li~IITS ANJ B'BUNDARIES, EXCLUDING SUCH LANC~S
OR AREAS (4HICIt IT IS NOT tNIT1IIN THE JURISDICTION OF THE CITY OF LP.. !'OR'fE 1'0 AN-
IVEX; PROVIDING FOR PUBLICATION OF TtiE ORDIIVaNCE AFTER I'fS INITIAL INl'RODUCTION
AND PASSAGE BY THE CITY COt4t8ISSI0PI OF 'fHE SAID CI'T'Y; PROVIDING 'fHA'" ANY CITI;~ETI
OF THE SAID CITY OR OF THE TERRITORY TO 9E ANNEXED SHALL HAVE THE RIGH'1' TO COII-
1'EST SUCH ANNEXATION AND BE GTVEPI AN OPPORTUNT'fY "i'O BE HEARD; PROVIDING THAT THE
INHABI"IANTS OF THE TERRITORY HEREBY ANNEXED SHALL BE ENTITLED 'fO THE RIGHTS AND
PRIVILEGES OF OTHER CITIZENS OF THE CI'T'Y OF LA Pt7R1'E AND SHALL BE BOUND BY THE
ACTS, ORDIN;aNCES, ETC., OF SAID CITY; AND PROVIDING A SAVIPIGS CLAUSE.
i~tIEREASI under and by virtue of Section [., Article 11'75, of the Bevis
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Civil Statutes of the State of Texas, 1925, as amended, and Section lO oi' the
Home Rule Charter of the City of La Porte, said City is authorized and empowered
to fix the boundary limits of said city, and to provide for the extension of sai
boundary limits and the annexation of additional territory lying adjacent to sai
City, with or r~itiiont the consent of the territory and the inhabitants annexed;
and
tt>HEREAS, the City Commission of the City of La Porte apprave~~t and
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passed, on first reading, on October 1't, 1958, Ordinance No, 558, extensiog the ~~,
City Liraits of the City of La Porte to include all lar~cls and area t~lithin certain;
limits and boundaries and annexing to the City of La Porte all of the area ~aithit~
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said limits and boundaries, as fully described therein; and
I'dHl?REAS, ttte said Ordinance i=aas published in full in The l,a Porte Lib~rw
al, the official newspaper as theretofore adopted by the City Commission, in then
City of La Porte, one (l) time, on the 24th day of October, 1958; and
t~HERE!':S, certain written protests and objections to the said annexatitn
proposed in said Ordinance Ido, j58 were duly filed; and ~
C9HEREAS, all citizens of the City of La ?urta and of the cerrit;oi~y pr~-
posed to be annexed by said Ordinance No, 558 were given an opportunity to be
heard by the City Commission of the City of. La Porte, at sevQn o'olock F, ~g, on
December J, 1958, at vrlticfr ti,ue a public hearing rias held by tae City Commission
of the City of La Porte, at the City Hall, in said City, and at which time ar,d
place all citizens arho apl;earecl were heard; and
~tHEItEAS, alter such citizens had been given an opportunity to be hear .
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as aforesaid, the City Co-nmission of the City of La Porte, in its judgment.: de-
termined that Grdiuance No. 558 shouler be finally passed, in tiie •~mendea iornt as
hereinafter set forth; a~iu
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h`~I~ltltAS, the City Commission of the City of La Porte, a:r'ter due and
careful consideration, determined that the territory r~ithin the hereina{ter des-
cribed limits, lying adjacent to the City GI La k~orte, is adaptable to, and neces-
sary for, the economical and municipal needs and growth of the City of La Porte,
alrt~ should be annexed to said city:
td011, THl~.it~'EU!?E, BE I'T fl:t~tI~AINrI) RY TIIE.' CTTI' Cfli~~:IIS~~IGtd OF THE; CITY fll+
LA PflitTE, TEXI~S, 'TH(~T:
Secti~an 1, The boundary limits of t~~e City of La forte, Texas, he en-
larged and extenF_'ect, as hereinafter set out, so as to ine~.ude wtliin the boundary
limits of said City ail tlae tern°itory lying adjacent to saiu City ~rithin the fol-
loa~inr~ describes limits, tiaithout tlae consent of the territory and the inhabitants
annexed, to-gait:
Beginning on the taresent City Limit line of the City o~' La torte,
at the intersection of the center line of tilest P~adison Street
(formerly known as idorth :'1 Street) and the e9est right-of-way line
of North Second Street;
Thence in a Northerly direction along the ~dest right-of-way line
of North Second Street to the point ~~here the Vilest right-of-~aay
line of saic North Second Street, extended in the same direction,
intersects ~~~i.th idorth right-of-way line of the T, C N. fl. Rail-
road (also known as the G. Il. `, S. A. I{ailroad);
Thence in a Nr~rthwesterly direction along the idorth right-oT-way
line of the said T. t. lV. fl. Railroad to the paint where the sacrke
intersects vJith the East uoundary line of the 'Town of Loraax, Texas;
Thence in a P~ortherly direction talong the East boundary lime of
the Toi~~n of Lomax, Texas, to the IVorttaeast corner of the said
Town of Lo~aax;
Thence in a Westerly directiE~n along the rJorthernmost boundary line
of the said Town of Lomax extended, to the point where the same iu-
. tersects laith the Portherly right-of-way line of Texas State Itigh-
way ~~~i (also knotun as Houston-La Porte ~3oad),
'1'tience in a Pdorttawesterly direction along the Northerly p iyht-o_k-
way line of the said Texas State lligttway iVo. 22b, to the point
where the same intersects with the Easterly right-of-quay line r~
Texas State ltighraay No.134 (also kno~an as battleground fioad);
'Thence in a Northerly dii°ecticn along the Easterly right-of-way
line of the said State Highway No. 136, to the laoint where the same
intersects with an imaginary line twr;i:£.,;-five hundrec? (2~G^U) feet
distant from, parallel to, and South of the center line a.f the Iious-
ton Ship Channel., said imaginary line also being the City Limit line
of the City of c~ouston;
Thence in a ilorthe~sterly direction along the said irraaginary line
twenty-five hundred (.~~GG) feet distant from, parallel to, and 5orith
of the said Ilouston Ship Channel, to the point where the swine inter-
, sects urith the Southerly boundary line of the San racinto I#attlegroanr:
State i'ark of Texas;
'Thence in a Southeasterly direction 31ong the said Southerly boun-
`? nary line oi~ the said State Park to the Southernmost point of sari
boundary line;
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Thence in a Northeasterly direction along the Easterly boundary
line of said State I'ai°k, extended in the same direction, to the
point where the same intersects with an imayinary line tcrenty-
five hundred (2500) feet distant from, parallel to, and Southwest
of the center line of the Houston Ship Channel;
Thence in a Southeasterly direction along an imaginary line
twenty-five hundred (L500) feet distant from, parallel to, and
Southwest of the said center line of the 1'ouston Slrip Channel,
to the point lyhere the said imayinary line intersects with the
l~lorth boundary line of the City of La Forte, the sa:ae also being
the North boundary line of the La forte Independent School 1~1.s-
trict;
Thence in a tfesterly direction along the said North boundary
line of the said City of La Porte a distance of one hundred (1J0)
feet to a point;
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Thence in a Northwesterly direction along ar imayinary line
twenty-six hundred (%b~JO) feet distant from, parallel to, and
Southwest of the said center line of the Houston Ship Chan:tel,
to the point where the said imaginary line intersects witr an
imaginary line one hundred (1GU) feet distant from, parallel to,
and East of the East boundary line of the said Son .Jacinto Battle-
ground State i'ark extended;
Thence in a Southwesterly direction aion~I an imayinary line one
hundred (lis0) feet from, parallel to, and East of the East boun-
dary line of the said Jtate Park extended; and along an imayinary
line one hundred (100) Poet distant fromt para~.lel to, and East
of the said East boundary line of the said State ParY,, to the
point where the said imaginary line intersects Q~ttr an imayinary
line one hundred (.100) feet from, parallel to, and South of the
South boundary line of the said State Park extended;
s
Thence in a torthwesterly direction along an imayinary line one
hundred (100) feet fror~, parallel to, and South of the South
boundary line of the said State Park extended, and along an
imaginary line one hundred (1i~0) feet distant from, parallel to,
and South of the said South boundary line of the said State Park,
to the point where the said imaginary line intersects with an
imaginary line one hundred (1G0) feet :from, parallel to, and East
of the East right-of-way line of the said Texas State lligh~3ray IVo.
13~;
Thence in a Southerly direction along an imaginary line one hun-
dred (l0i)) feet from, parallel to, and East of the said East
right-of-way line of the said Texas State Highway No. 131, to a
point ~uhere the said imayinary line intersects with the South
right-of-bray line of the County Rood kno,rn as the D~liller Cut
tiff ;toar9;
Thence in an lasterly direction along tho said South right-of-wuy
line of the said Miller Cut Off Road, and following continuously
the said right-of-way line around the turns and bends of the said
right-of-caay line in an Easterly, Southeasterly and Southerly di-
rection to the point r~here tare s~~id right-of-way line intersects
with the Piortli boundary line of tae ~'noch Brinson Survey, .#.lrstract
No. 5, Harris County, Texas;
j Thence in a FJesterly ~~irection along the said North boundary line
_; of the said Enoch Brinson Survey a distance of nine~y ~(90~
• ! feet to a point;
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Thence in a Portherly direction along an imaginary line ~sinety
(9ii) feet from, parallel to, and ~dest of the '-Vest right-=+f-way
line of the said Miller Cut flff Road, and following cons+nuous-
ly the said imaginary line ninety (9O feet distant fro~u, para-
llel to, and Kest of the said right-of-way line, around the turns
and bends of the said right-of-Ray line in a Northerly, North-
westerly and 1Vesterly direction, to the point where the said
imaginary line intersects with an i»?agiaary line one hundred
(100) feet distant from, parallel to, and Last of the East righ -
of-way line of the said Texas State highway No. 13~:;
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Thence in a Southerly direction along an imaginary line :ane hun-
dred (1GG) feet distant fror~, parallel to, and East of t~~e sai~a
East right-of-way line of the said Texas State ltigriway ~~ 13~,
and follo~rring continuously the said imaginary lire one h;nctred
(l0U) feet distant from, parallel to, and East of the sa.d~:ast
right-of-way line of the Baia Texas State Iiighcaay No. 13 , around
the turn and bend of the said Rust right-of-cagy line of ~~he said
Texas State Highway No. 13~, to the point t4here the sai6t imaginary
line intersects with ar: imaginary line one hundred (li;() feet dis-
tant from, parallel to, and North o:~ the North right-of-~.~y line
of the said Texas State highway Plo. 225;
Thence in a Southeasterly direction along an imaginary '~. ne one
,hundred (100) feet distant front, larallel to, and North ~~f the
said N,~rth right-of-way line of the said Texas State lr~igstKay No.
225, to the point where the said ',magirtary line intersec:;s Frith
an imaginary line one hundred (100) feet distant fro u, ta<;rallel
to, and North of the Northernmost boundary line of the said Toa~n
of Loc~ax;
Thence in an Lasterly direction along an imaginary line one hun-
dreg {11;~J) feet distant from, parallel to, and North of Gtre
Northernmost boundary line of the said To~~an of Lor~ax., to the
point where the said imaginary line intersects with an imagiaary
line one hundred (1G0) feet distant from, parallel ta, and East
of the Easternmost boundary line of the said Tovrn of Lomax, exten-
ded;
`l hence in a Southerly direction along an imaginary line ane hundred
(lft3) feet distant from, parallel to, and t;ast of the Easternmost
boundary line of the said Town of Lomax extended, and clang an
imaginary line one hundred (E,ri)) feet distant from, parallel to,
and East of the Easternmost boundary line of the said Tovdn of Lo-
max, to the point cohere the said imaginary line intersects with an
imaginary line one hundred (100) feet distant from, parallel to,
and Pdorth of the North right-of-way line of the said T, +~ N. U.
Railroac;
Thence in a Southeasterly direction along an imaginary line one
hundred (100) feet distant from, parallel to, and Cdorth of the
North right-of-way line of the said T. t: N. 0. Railroad, to the
tioint where the said imaginary line intersects with the Mast
right-of-way line of North First Street of the City of La forte;
extended;
Thence in a Southerly direction along the East right-of-way line
of the said North First Street extended, ana along the East riyht-
of-way line of the said North First Street, to the center line of
the said '~1est ~~Iadison Street, the saute boiny on the present City
Limit line of the City of La Porte;
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Thence in a t~esterly direction along the present City Limit
line of the City of La Porte, to the i'lac~ of 8eginniag,
Section 2, Provided, however, that if there is included jyithin the
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general description provided in Section 1 of this ordinance to be hereby an-
vexed to the City of La Porte any lands or area ~uhich it is not within the jurisw
fiction of the City of La izorte to annex, the same is hereby excluded and ex- '
~epted from the area to ~e hereby annexed as fu13.y as if it had been hereinabove
expressly described and excepted from such area.
Section 3. Fro-ri anI after the passage of this ordinance, the inhabi- ',
tents of the territory hereby annexed shall be entitled to all tine rights and
privileges of other citizens of the City of La Porte anti shall be sound by the
acts, ordinances, resolutions and regulations of the said City of La T'Orte.
Section 4. Should any section or part of this ordinance be held un-
~onstitutional, illegal or invalid, such unconstitutianality, illegality Gr in-
validity of such section or part shall in nowise affect, impair or invalidate
the remaining portions thereof, but as to such remaining portions the same shall.
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be and remain in full force and effect; and shauid this ordinance for any reason°;
be ineffective as to any part of the area hereby annexed to the City of La forte:;
or as to any part of the area hereby declared anti ordained to be within the City
Limits of the City of La Porte, such ineffectiveness of this ordinance as to any.'
such part or parts of any such area shall not affect the effectiveness of this
ordinance as to all of the remainder of such area, anti the City Commission rcereb~
leclares it to be its purpose to annex to the City of La Porte every part of the
area described in Section 1 of this ordinance regardless of cahether any other
particular part or parts of the land so described in Section 1 hereoa, is or are
effectively annexed to the City of La forte.
Section ~. This ordinance shall be in force and effect from ant! after:
its approval and passage by the City Commission of the City of La forte. '
Ordinance Ido. 558, introduced, approved and passed by the City Commis-~.
>ion of the City of La Porte, upon first reading, on the 1"dth day of October, 1~3~;8,
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was approved, as amended, and passed in its amended form by the City Commissions
• 9f r~ . ~i
I~I of the City of La Porte, upon final reading, on this the %"~°'.~'~ day of
I~ICeeember, 1954.
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M ~ r ~of the City of~,~a~ orte, Texas
~TTNwT:
t; ~,~' Clerk of the City of La Porte,
' `a'exas
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