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HomeMy WebLinkAboutO-1993-1951 . . ORDINANCE NO. 93-l95l AN ORDINANCE APPROVING SERVICE PLANS FOR THE ANNEXATION OF A TRACT OF LAND COMPRISING THE LA PORTE BATTLEGROUND INDUSTRIAL DISTRICT, AND A TRACT OF LAND COMPRISING THE LA PORTE BAYPORT INDUSTRIAL DISTRICT; 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. The City Council approves a Service Plan for a tract of land comprising the La Porte Battleground Industrial District, in form attached hereto as Exhibit "A", and a Service Plan for a tract of land comprising the La Porte Bayport Industrial District, in form attached hereto as Exhibit "B". The proposed Service Plans shall be made available for public inspection and explained to the inhabitants of the areas at the public hearings held under Section 43.056, 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 4. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. e . ORDINANCE NO. 93- 1951 PAGE 2 PASSED AND APPROVED, this 29th day of November, 1993. CITY OF LA PORTE By: ~//((L Norman L. Malone, Mayor ATTEST: ~ ;z1~ Sue Len~, City Secretary AP~: ~CJ Knox W. ASkins, City Attorney . e EXHIBIT "A" SERVICE PLAN FOR A TRACT OF LAND COMPRISING THE lA PORTE BAITLEGROUND INDUSTRIAL DISTRICf I. INTRODUCfION 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 La Porte Battleground Industrial District. 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. IT. TERM: EFFECfIVE 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 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 specified period of time. ITI. SERVICE PROGRAMS A. In General. This Plan includes two service programs: (i) the Early Action Program and (ii) a Capital Improvement Program, both described below. B. Scope and Ouality of Services. Services under this Plan shall equal or exceed the number and level of services both in existence in the Tract prior to the annexation and are available in other areas of the City with land uses and population densities similar to those reasonably projected in the newly annexed Tract. It is not the intent of this Plan to provide a uniform level of services 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 levels of service. C. Definitions. 1. As used in this Plan, providing services includes services funded in whole or in part by City taxation and provided by the City within its full-purpose boundaries. The City provision of services may be by any means or methods by which it extends the 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. e e 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 at the time that the service is requested or at the time the service is made available or provided and are in accordance with Title 12, Chapter 395 of the Code. D. Early Action Program. 1. Statutory Services. The statutory services will be provided to the Tract within sixty (60) days after the effective date of this Plan, unless otherwise indicated. The statutory services are as follows: a. Police Protection. The Police Department of the City will provide protection and law enforcement in the Tract. These activities will include normal patrols and responses, the handling of complaints and incident reports, and other usual and customary police services. b. Fire Protection. The Fire Department of the City will continue to provide fire protection that supplements the protection provided by the Channel Industries Mutual Aid program in the Tract. c. Solid Waste Collection. Residential collection services will be provided by City forces. Non-residential non-hazardous collection services will be provided by the City contract service provider. Future residential and non-residential non-hazardous collection services will be provided in accordance with standard policies and procedures. Non- residential hazardous waste disposal will be the responsibility of the property owner in accordance with all State and Federal guidelines. d. Maintenance of Water and Wastewater Facilities. There are no existing City water and waste water facilities to be maintained. Any extensions of such facilities as addressed in the Capital Improvements Program, below, will be provided normal maintenance services. e. Maintenance of Public Roads and Streets including lighting. The Department of Public Works of the City will provide maintenance of roads and streets over which the City will have jurisdiction. Those roads and streets under jurisdiction of other governmental entities will be maintained by those entities. The City will provide services relating to traffic control for roads and streets over which it has jurisdiction. Roads and streets under the jurisdiction of other governmental entities will be provided traffic control services by those entities. Existing street lighting for public roads and streets will be maintained through the services of Houston Lighting and Power Company. f. Maintenance of Parks. Playgrounds and Swimming Pools. There are no existing Public Park facilities to be maintained. Should any such facilities be constructed in the Tract in accordance with the Capital e . Improvements Program below, the Department of Parks and Recreation of the City will provide maintenance services. g. Maintenance of Any Other Publicly-owned Facility. Building or Service. There are no other publicly-owned facilities, buildings or services in the Tract. Should any such facilities, buildings or services be constructed or located by the City in the Tract, an appropriate City department will provide the necessary maintenance services. 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 areas 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 agreement between the City and Harris County. c. Emergency rescue and ambulance services by the City's Emergency Medical Services division, in accordance with standard policies and procedures. d. Enforcement of all City codes and ordinances. E. Capital Improvements 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 shall begin within two (2) years after the effective date of the annexation of the Tract and shall be substantially completed within 4 1/2 years after that date, except as otherwise indicated. 1. Police Protection. Police protection for the Tract can be provided using existing facilities. While no improvements are necessary at this time, the Tract will be included with other territory in connection with planning for new, revised or expanded police protection. 2. Fire Protection. Fire protection for the Tract can be provided by using existing facilities and equipment. While no improvements are necessary at this time, the tract will be included with other in connection with planning for new, revised or expanded fire protection. 3. Solid Waste Collection. No capital improvements are necessary at this time to provide solid waste collection to the Tract as described in the Early Action Program. The tract will, however, be included with other territory in planning for new, revised or expanded solid waste collection service facilities. 4. Water and Wastewater Facilities. Currently there are no water or wastewater facilities of which the City will assume control following e e annexation. The tract is within the service area of Coastal Water Authority, a water utility, and within the service area of Gulf Coast Waste Disposal Authority, a wastewater utility, and is now being served by such utilities. The City proposes the following means to provide the necessary improvements for water and wastewater services. a. Domestic water and wastewater service. Currently domestic water and wastewater are self-provided by the individual property owners either through wells, surface water or by purchasing water from adjoining property owners. The City will extend water and sanitary sewer lines for domestic services in accordance with its standard utility extension policies and procedures. These policies and procedures are established by Ordinance No. 759, and include the imposition of utility extension fees in accordance with Section 395.019 of the Code. Should a property owner elect to construct the improvements sooner than the schedule established in this Plan, the owner may construct or finance the improvements and the costs incurred or funds advanced will be credited against the utility extension fees due from that property owner. As utility extension fees are collected from other property owners along the utility line installed, these fees will be refunded to the property owner who constructed or funded the construction of those capital improvements. b. Industrial Process Water. Currently industrial process water is provided by on-site wells, water purchased from other property owners or from water purchased from the Coastal Water Authority (CWA). The City does not propose to change those arrangements. However, should requests be received for process water, the City will contract with CW A to purchase industrial process water and subsequently distribute that process water to those industries requesting service. The mains and facilities necessary for providing this service will be constructed in accordance with the standard utility extension policies and procedures described in the previous paragraph. c. Industrial. Process Wastewater. Currently industrial process wastewater service to the Tract is provided by individual treatment facilities, treatment by adjoining property owners or by Gulf Coast Waste Disposal Authority. The City does not propose to change those arrangements, however, should requests be made for industrial process wastewater services, the City will contract with Gulf Coast Waste Disposal Authority to provide such services. The sewer mains and facilities necessary for providing this service will be constructed in accordance with the City's standard utility extension policies and procedures described in Paragraph E4a, above. 5. Roads and Streets including Lighting. In general, the City will acquire dominion, control, and jurisdiction in, over and under public roads and streets within the Tract upon annexation, pursuant to Art. 1175, V.A.T.S., and similar provisions, subject to the jurisdiction of other governmental entities. . e 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 f~cilities. 6. Parks. Playgrounds and Swimming Pools. These services can be provided by using existing facilities. While no additional capital improvements are necessary at this time, the Tract will be included with other territory in connection with planning for new, revised or expanded parks, playgrounds or swimming pools. 7. Other Publicly Owned Facilities. Buildings or Services: Additional Services. In general, other City functions and services, and the additional services described above, can be provided to the Tract using existing facilities. While no additional capital improvements are necessary at this time, the Tract will be included with other territory in connection with planning for new, revised or expanded services, facilities and functions, 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. "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 in 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, representations plans and agreements, whether written or oral. e e EXHIBIT "B" SERVICE PLAN FOR A TRACT OF LAND COMPRISING THE lA PORTE BAYPORT INDUSTRIAL DISTRICf I. INTRODUCfION This service plan ("Planll) 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 La Porte Battleground Industrial District. 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. ll. 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 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 specified period of time. Ill. SERVICE PROGRAMS A In General. This Plan includes two service programs: (i) the Early Action Program and (ii) a Capital Improvement Program, both described below. B. Scope and Ouality of Services. Services under this Plan shall equal or exceed the number and level of services both in existence in the Tract prior to the annexation and are available in other areas of the City with land uses and population densities similar to those reasonably projected in the newly annexed Tract. It is not the intent of this Plan to provide a uniform level of services 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 levels of service. C. Definitions. 1. As used in this Plan, providing services includes services funded in whole or in part by City taxation and provided by the City within its full-purpose boundaries. The City provision of services may be by any means or methods by which it extends the 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. e e 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 at the time that the service is requested or at the time the service is made available or provided and are in accordance with Title 12, Chapter 395 of the Code. D. Early Action Program. 1. Statutory Services. The statutory services will be provided to the Tract within sixty (60) days after the effective date of this Plan, unless otherwise indicated. The statutory services are as follows: a. Police Protection. The Police Department of the City will provide protection and law enforcement in the Tract. These activities will include normal patrols and responses, the handling of complaints and incident reports, and other usual and customary police services. b. Fire Protection. The Fire Department of the City will continue to provide fire protection that supplements the protection provided by the Channel Industries Mutual Aid program in the Tract. c. Solid Waste Collection. Residential collection services will be provided by City forces. Non-residential non-hazardous collection services will be provided by the City contract service provider. Future residential and non-residential non-hazardous collection services will be provided in accordance with standard policies and procedures. Non- residential hazardous waste disposal will be the responsibility of the property owner in accordance with all State and Federal guidelines. d. Maintenance of Water and Wastewater Facilities. There are no existing City water and waste water facilities to be maintained. Any extensions of such facilities as addressed in the Capital Improvements Program, below, will be provided normal maintenance services. e. Maintenance of Public Roads and Streets including Lighting. The Department of Public Works of the City will provide maintenance of roads and streets over which the City will have jurisdiction. Those roads and streets under jurisdiction of other governmental entities will be maintained by those entities. The City will provide services relating to traffic control for roads and streets over which it has jurisdiction. Roads and streets under the jurisdiction of other governmental entities will be provided traffic control services by those entities. Existing street lighting for public roads and streets will be maintained through the services of Houston Lighting and Power Company. f. Maintenance of Parks. Playgrounds and Swimming Pools. There are no existing Public Park facilities to be maintained. Should any such facilities be constructed in the Tract in accordance with the Capital e e Improvements Program below, the Department of Parks and Recreation of the City will provide maintenance services. g. Maintenance of Any Other Publicly-owned Facility. Building or Service. There are no other publicly-owned facilities, buildings or services in the Tract. Should any such facilities, buildings or services be constructed or located by the City in the Tract, an appropriate City department will provide the necessary maintenance services. 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 areas 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 agreement between the City and Harris County. c. Emergency rescue and ambulance services by the City's Emergency Medical Services division, in accordance with standard policies and procedures. d. Enforcement of all City codes and ordinances. E. Capital Improvements 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 shall begin within two (2) years after the effective date of the annexation of the Tract and shall be substantially completed within 4 1/2 years after that date, except as otherwise indicated. 1. Police Protection. Police protection for the Tract can be provided using existing facilities. While no improvements are necessary at this time, the Tract will be included with other territory in connection with planning for new, revised or expanded police protection. 2. Fire Protection. Fire protection for the Tract can be provided by using existing facilities and equipment. While no improvements are necessary at this time, the tract will be included with other in connection with planning for new, revised or expanded fire protection. 3. Solid Waste Collection. No capital improvements are necessary at this time to provide solid waste collection to the Tract as described in the Early Action Program. The tract will, however, be included with other territory in planning for new, revised or expanded solid waste collection service facilities. 4. Water and Wastewater Facilities. Currently there are no water or wastewater facilities of which the City will assume control following e e annexation. The tract is within the service area of Coastal Water Authority, a water utility, and within the service area of Gulf Coast Waste Disposal Authority, a wastewater utility, and is now being served by such utilities. The City proposes the following means to provide the necessary improvements for water and wastewater services. a. Domestic water and wastewater service. Currently domestic water and wastewater are self-provided by the individual property owners either through wells, surface water or by purchasing water from adjoining property owners. The City will extend water and sanitary sewer lines for domestic services in accordance with its standard utility extension policies and procedures. These policies and procedures are established by Ordinance No. 759, and include the imposition of utility extension fees in accordance with Section 395.019 of the Code. Should a property owner elect to construct the improvements sooner than the schedule established in this Plan, the owner may construct or finance the improvements and the costs incurred or funds advanced will be credited against the utility extension fees due from that property owner. As utility extension fees are collected from other property owners along the utility line installed, these fees will be refunded to the property owner who constructed or funded the construction of those capital improvements. b. Industrial Process Water. Currently industrial process water is provided by on-site wells, water purchased from other property owners or from water purchased from the Coastal Water Authority (CWA). The City does not propose to change those arrangements. However, should requests be received for process water, the City will contract with CW A to purchase industrial process water and subsequently distribute that process water to those industries requesting service. The mains and facilities necessary for providing this service will be constructed in accordance with the standard utility extension policies and procedures described in the previous paragraph. c. Industrial Process Wastewater. Currently industrial process wastewater service to the Tract is provided by individual treatment facilities, treatment by adjoining property owners or by Gulf Coast Waste Disposal Authority. The City does not propose to change those arrangements, however, should requests be made for industrial process wastewater services, the City will contract with Gulf Coast Waste Disposal Authority to provide such services. The sewer mains and facilities necessary for providing this service will be constructed in accordance with the City's standard utility extension policies and procedures described in Paragraph E4a, above. 5. Roads and Streets including Lighting. In general, the City will acquire dominion, control, and jurisdiction in, over and under public roads and streets within the Tract upon annexation, pursuant to Art. 1175, V.A.T.S., and similar provisions, subject to the jurisdiction of other governmental entities. . e 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 facilities. While no additional capital improvements are necessary at this time, the Tract will be included with other territory in connection with planning for new, revised or expanded parks, playgrounds or swimming pools. 7. Other Publicly Owned Facilities. Buildings or Services: Additional Services. In general, other City functions and services, and the additional services described above, can be provided to the Tract using existing facilities. While no additional capital improvements are necessary at this time, the Tract will be included with other territory in connection with planning for new, revised or expanded services, facilities and functions, 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. "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 in 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, representations plans and agreements, whether written or oral.