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HomeMy WebLinkAboutO-1988-1602 . . ORDINANCE NO. I (,() ~ AN ORDINANCE APPROVING A SERVICE PLAN FOR THE EXTENSION OF MUNICIPAL SERVICES TO THE AREA COMPRISING THE BAYSHORE MUNICIPAL UTILITY DISTRCT, PROPOSED TO BE ANNEXED BY THE CITY OF LA PORTE, AS PREPARED BY THE CITY'S DEPARTMENT OF COMMUNITY DEVELOPMENT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Pursuant to Section 43.056, Texas Local Government Code, as amended, the City Council of the City of La Porte hereby approves a service plan that provides for the extension of municipal services to the Bayshore Municipal Utility District, an area proposed to be annexed to the City of La Porte, as prepared by the City of La Porte Department of Community Development. A true and correct copy of the proposed service plan is attached hereto as Exhibit nAn, incorporated by reference herein, and made a part hereof for all purposes. The proposed service plan shall be made available for public inspeciton and explained to the inhabitants of the Bayshore Municipal Utility District at public hearings to be held under Section 43.052, Texas Local Government Code. Section 2. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. . - ORDINANCE NO. I'O~ PASSED AND APPROVED, this 12th day of September, 1988. CITY OF LA PORTE ByiL~~.tl~~I ATTEST: ~~ City Secretary A~a)~ C1ty Attorney Page 2 . . EXHIBIT nAn Page 1 of 4 SERVICE PLAN FOR A TRACT OF LAND COMPRISING THE BAYSHORE MUNICIPAL UTILITY DISTRICT I. INTRODUCTION This Service Plan (nPlan") is made by the City of La Porte, Texas ("Cityn) pursuant to Section 43.056, of the Texas Local Government Code (nCode"). This Plan relates to the annexation by the City of a tract of land ("Tractn) comprising the Bayshore Municipal Utility District. The Tract is described by metes and bounds on Exhibit nBn 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 discretion of the City. Such opiton 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 programs: (i) the Early Action Program, described below, and (ii) 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 provided 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 includes having services provided by any methods 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 nstandard policies 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. 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 EXHIBIT "An Page 2 of 4 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 collection services will be provided by City forces. Non-residential services and future residential service will be governed by standard policies and procedures. Those water Improvement division of of time, by dissolved. the Tract, d. Maintenance of Water and Wastewater Facilities. and wastewater facilities included in the Capital Program, below, will be maintained by an appropriate the Department of Public Works or, for a limited period the Bayshore Municipal Utility District which is to be Should any extensions of such facilities be made within normal maintenance servcies will be provided. e. Maintenance of Public Roads and Streets (including 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 provide services relating to traffic control devices for such roads and streets, and will maintain existing public street lighting for such public roads and streets through the Houston Lightin & Power Company or by other means. f. Maintenance of Parks, Playgrounds and Swimming Pools. There are no existing Public Park facilities 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. Any other publicly-owned facility, building, or service included in the Capital Improvement Program, below, will be maintained by an appropriate City department, as needed~ unless such publicly-owned facility, building, or service, is dedicated to, owned by, or provided by other public agencies. Should any such facilities, 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 addition 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. b. Health services in accordance with standard policies and procedures. c. Emergency rescue and ambulance services by the City's Emergency Medical Services Division, in accordance with standard policies and procedures. d. Enforcement of City codes and ordinances. - ~ EXHIBIT nAn Page 3 of 4 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 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. Additional 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 capital improvements. Additional capital improvements are not necessary at this time to provide fire protection to the Tract. However, the Tract will be included with 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 territory in connection with planning for new, revised or expanded solid waste facilities. 4. Water and Wastewater Facilities. Those water and wastewater facilities (including any under construction) owned by Bayshore Municipal Utility District will be acquired by the City. Future extensions 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. With respect to utility district facilities and utility district funds to be acquired the City will: a. assume all reasonable commitments and contracts made by the district in the ordinary course of business prior to the dissolution of the district, conditioned upon sufficient capacity having been provided for by the district1 b. assist the district with bond approval and sale for planned capital improvements which are in keeping with the City's water and wastaewater systems1 c. expedite the approval of plans and bond applications in order to meet the time constraints imposed by annexation and the dissolution of the district1 d. allow the district's residents and property 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 of the district's bond funds have been used to pay for such capacitY1 and e. expend unobligated proceeds of the district's 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 within the boundaries of the annexed district, 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 within the Tract upon annexation, . - EXHIBIT BAn Page 4 of 4 pursuant to art. 1175, V.A.T.S., and similar prov1s10ns, subject to the jurisdiction of other governmental entities. Additional 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. Additional capital 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. 7. Other Publicly Owned Facilities, Buildings or Services1 Additional Services. In general, other City functions and services, and the additional services described above, can be provided for the Tract by using existing capital improvements. However, those drainage facilities (including any under construction) owned by Bayshore Municipal Utility District will be acquired by the City. 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 Code 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 interpreted in accordance with the Code, the Constitution and laws of the United 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 herein, the City shall resume services under this Plan within a reasonable time after the cessation of the force majeure. nForce majeuren, for the purposes of this Plan, shall include, but not be limited to, acts of God, acts of the public enemy, war, blockade, insurrection, riots, epidemics, landslides, lightning, earthquakes, fires, storms, floods, washouts, droughts, tornadoes, hurricanes, arrests and restraints of government, explosions, collisions and any other inability of the City, whether similar to those enumerated or otherwise, 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 supercedes all other negotiations, representations, plans and agreements, whether written or oral. . e EXHIBIT wBR BOUNDARIES OF TWO TRACTS OF LAND COMPRISING THE BAYSHORE MUNICIPAL UTILITY DISTRICT AS DESCRIBED IN VERNON'S TEXAS ANNOTATED CIVIL STATUTES ARTICLE 8280-268 TRACT NO. 1 BEGINNING at the Southeast corner of the R.V. Whiteside 62.512 acre tract, located in the West right-of-way line of State Highway No. 146, said corner being also the Northeast corner of that certain portion of Shore Acres Addition lying West of State Highway No. 146, and being approximately 5,500 feet South an~ 5,950 feet East of the Northwest corner of the W.P. Harris Survey, Abstract 30, THENCE North 89 deg. 59'45" West, along the South line of said R.V. Whiteside 62.512 acre tract, same being the North line of said Shore Acres Addition, a distance of 5,516 feet, more or less, to a point for corner in the East right-of-way line of the G.H. & S.A. Railroad, such point being the Northwest corner of said Shore Acres addition and the Southwest corner of said R.V. Whiteside 62.5l2 acre tract, THENCE North 7 deg. 18'32" West, along said East right-of-way line of the G.H. & S.A. Railroad, said line being along the West lines, respectively, of the R.V. Whiteside 62.512 acre tract, the Ralph Liles 52.12 acre tract, the Robert F. Harris 107 acre tract, and the Charles E. McCabe 28 acre tract, and continuing along said East right-of-way line of the G.H. & S.A. Railroad, a total' distance of 2,350 feet, more Or less, to a point of intersection with a Westerly projection of the North right-of-way line of McCabe Road, THENCE in an Easterly direction with said Westerly projecton of said North right-of-way line of McCabe Road and with said North right-of-way line, same being along the South lines of the B.F. Weems 74 acre tract and Tidewood Addition, and continuing in the same Easterly direction across State Highway l46, a distance of 5,950 feet, more or less, to a point of interseciton with the East right-of-way line of State Highway 146, THENCE in a Southerly direction along said East right-of-way line of State Highway l46 a distance of lOO feet, more or less, to the North line of Pine Bluff Addition~ THENCE in an Easterly direction along said North line of Pine Bluff Addition, a distance of 1,350 feet, more or less, to a point on the West Shoreline of Galveston Bay, THENCE in a generally Southerly and Easterly direction along the meanders of the West Shoreline of Galveston Bay, same being along the East lines, respectively, of Pine Bluff Addition, Bayside Terrace Addition and Bay Oaks Addition, and the W.M. Rose 1.08 acre tract, a distan~e of 3,000 feet, more or less, to the southeast corner of said W.M. Rose 1.08 acre tract, same also being the Northeast corner of Shore Acres Addition, THENCE in a Westerly direction along the South lines of the W.M. Rose 1.08 acre tract, 0.39 acre tract, and 0.288 acre tract, same being along the North line of said Shore Acres Addition, and continuing in the same Westerly direction, crossing State Highway 146, a distance of 3,000 feet, more or leSs, to a point in the West right-of-way line of said State Highway l46, THENCE in a Northerly direction along said West right-of-way line of State Highway 146, a distance of l25 feet, more or less, to the Southeast corner of the R.V. Whiteside 62.512 acre tract, the point of beginning, said area lying wholly within the W.P. Harris Survey, Abstract 30, Harris County, Texas, and containing 396 acres or 0.62 square miles, more or less. . e EXHIBIT wB" Page 2 TRACT NO. 2 BEGINNING at the Northwest corner of Shady Oaks Addition in the East right-of-way line of State Highway 146, same being the Southwest corner of that certain portion of Shore Acres Addition lying East of State Highway l46, THENCE Easterly along the North lines, respectively, of Shady Oaks Addition, the Lloyd T. Moody 14 acre tract and the J.G. Head 42.5 acre tract, the same being along the South line of Shore Acres Addition, a distance of 6,200 feet, more or less, to a point on the West Shoreline of Galveston Bay, THENCE in a generally Southerly and Easterly directon along the meanders of the West Shoreline of Galveston Bay, same being along the East line of said J.G. Head 42.5 acre tract, a distance of 1,000 feet, more or less, to the Southeast corner of the J.G. Head 42.5 acre tract1 . .:,1 THENCE westerly with the South lines, respectively, of the J.G. Head 42.5 acre tract, the Lloyd T. Moody 14 acre tract, and Shady Oaks Addition, same being along the North line of the Humble Oil and Refining Company tract, a distance of 6,800 feet, more or less, to a point in the East right-of-way line of State Highway 146, said point bein'g the Southwest corner of Shady Oaks Addition, THENCE Northerly along the East right-of-way line of State Highway 146, same being the West line of Shady Oaks Addition, a distance of 750 feet, mmore or less, to the Northwest corner of said Shady Oaks Addition, the point of beginning, said area lying wholly within the W.P. Harris Survey, Abstract 30, Harris County, Texas, and containing 108 acres or 0.l7 square miles, more or less.