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HomeMy WebLinkAboutO-1988-1626 . . ORDINANCE NO. 1626 AN ORDINANCE EXTENDING THE CORPORATE LIMITS OF THE CITY OF LA PORTE, TEXAS, TO EMBRACE AND INCLUDE TERRITORY WITHIN CERTAIN BOUNDARIES COMPRISING THE BAYSHORE MUNICIPAL UTILITY DISTRICT; 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 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 1175, Revised Civil Statutes; and by the Municipal Annexation Act of 1963, compiled as Chapter 43, Texas Local Government Code, including, but not limited to, the authority to annex municipal utility district by a home-rule municipality, contained in Section 43.072, Texas Local Government Code. Section 2. The City Council of the City of La Porte hereby finds, determines and declares that the hereinafter described territory is composed of two (2) tracts, one of which is adjacent and contiguous to the present city limits of the City of La Porte, and the other of which is not contiguous to the City of La Porte; and that said territory lies within the exclusive extraterritorial 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 August 22, 1988, passed and approved Ordinance No. 1596, directing the City's Department of Community Development to prepare a Service Plan that provides for the extension of municipal. services to the area comprising the Bayshore Municipal Utility District, proposed to be annexed by the City of La Porte. The City Council of the City of La Porte has heretofore, on September 12, 1988, passed and approved Ordinance No. 1602, . . ORDINANCE NO. 1626 Page 2 approving a Service Plan for the extension of municipal services to the area comprising the Bayshore Municipal Utility District, proposed to be annexed by the City of La Porte, as prepared by the City's Department of Community Development. The City Council of the City of La Porte has heretofore, on October 10, 1988, passed and approved Ordinance No. 1609, declaring its intention to institute proceedings to annex the hereinafter described territory, comprising the Bayshore Municipal Utility District. Two public hearings were called, and were held on November 7, 1988, at the Bayshore Elementary Cafetorium, 301 Bay Oaks, La Porte, Texas, being a location within the territory proposed to be annexed, and on November 14, 1988, at the City Hall of the City of La Porte, at which public hearings all interested parties were given an opportunity to be hear~, and the proposed Service Plan was made available for public inspection and explained to the inhabitants of the Bayshore Municipal Utility District. Notice of such public hearings was given by publication of Ordinance No. 1609 in the Bayshore Sun on October 26, 1988 and November 2, 1988, said newspaper having general circulation in the City of La Porte and in the territory proposed to be annexed. Such notices and hearings were all in conformity with the Municipal Annexation Act of 1963, codified as Chapter 43, Texas Local Government Code, as amended. Section 4. The City Council of the City of La Porte hereby institutes annexation proceedings as to the following described territory, 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 . . ORDINANCE NO. 1626 Page 3 Porte, effective December 31, 1988, the completion date of this annexation proceeding. 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 "B", 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, effective December 31, 1988. Section 6. A Service Plan for the territory within the boundaries set out in Exhibit "B" is hereby approved as part of this ordinance. Such Service Plan is set out in Exhibit "A", which is attached hereto, incorporated 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 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 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 any annexation . . ORDINANCE NO. 1626 Page 4 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 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 government of the United States of America and the State of Texas, and this ordinance shall be interpreted and construed in harmony therewith. Section 9. 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 10. Should any section or part of this ordinance be held unconstitutional, illegal or invalid, or the application thereof ineffective or inapplicable as to any territory, such unconstitionality, 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 annexed to the City 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 . . ORDINANCE NO. 1626 Page 5 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. It is the intention of the City Council of the City of La Porte to annex to the City of La Porte, all of the territory comprising the Bayshore Municipal Utility District. Section 11. This ordinance shall be effective upon its passage and approval. The annexation proceeding approved by this ordinance shall be effective December 31, 1988. PASSED AND APPROVED, this 12th day of December, 1988. CITY OF LA PORTE BY ATTEST: Ci~~ AP6:~~ City Attorney . . EXHIBIT "AR Page 1 of 4 SERVICE PLAN FOR A TRACT OF LAND COMPRISING THE BAYSHORE MUNICIPAL UTILITY DISTRICT I. INTRODUCTION This Service Plan ("Plan") is made by the City of La Porte, Texas ("City") pursuant to Section 43.056, of the Texas Local Government Code ("Code"). This Plan relates to the annexation by the City of a tract of land ("Tract") comprising the Bayshore Municipal Utility District. The Tract is described by metes and bounds on 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 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 "standard 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: . . EXHIBIT DAn 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 An~ Other Publicly-owned Facility, Building or Service. Any other publ1cly-owned facility, building, or service included in the Capital Improvement Program, below, will be maintained by an appropriate City department, as neededi 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 exi.sting 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 district7 b. assist the district with bond approval and sale for planned capital improvements which are in keeping with the City's water and wastaewater systems7 c. expedite the approval of plans and bond applications in order to meet the time constraints imposed by annexation and the dissolution of the district7 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 capacitY7 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 "A" 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 Servicesi 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. AMENDMENTi 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. "Force majeure", 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 super cedes all other negotiations, representations, plans and agreements, whether written or oral. . EXHIBIT ABa Page 1 of 2 . 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 approzimatedly 5,500 feet South and 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 62.512 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 projection of said North right-of-way line of McCabe Road 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 146, a distance of 5,950 feet, more or less, to a point of intersection 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 146 a distance of 100 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 distance 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 146; THENCE in a Northerly direction along said West right-of-way line of State Highway 146, a distance of 125 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. '''' . .1 ,'" . . EXHIBIT RBn Page 2 of 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 146; 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 direction 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 tract; 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 being 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, more 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 0.17 square miles, more or less.