Loading...
HomeMy WebLinkAboutO-1989-1647 . . ORDINANCE NO. 1647" AN ORDINANCE APPROVING A SERVICE PLAN FOR THE EXTENSION OF MUNICIPAL SERVICES TO AN AREA PROPOSED TO BE ANNEXED BY THE CITY OF LA PORTE, AS PREPARED BY THE CITY'S DEPARTMENT OF COMMUNITY DEVELOPMENT1 FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW 1 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 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 "An, incorporated by reference herein, and made a part hereof for all purposes. The proposed service plan shall be made available for public inspection and explained to the inhabitants, if any, of the area proposed to be annexed, at public hearings to be held pursuant 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 Annotated1 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. e e Page 2 ORDINANCE NO. 1647 PASSED AND APPROVED, this 8th day of May, 1989. CITY OF LA PORTE BY~~ No -n L. Malone, yor ATTEST: ~ ~ Cherie Black City Secretary A~~~ Knox W. Askins City Attorney e e EXHIBIT wAn Page 1 of 4 SERVICE PLAN FOR AN INDUSTRIAL TRACT OF LAND AT THE INTERSECTION OF FAIRMONT PARKWAY AND BAYPARK ROAD I. INTRODUCTION This Service Plan (nplann) is made by the City of La Porte, Texas (nCityn) pursuant to Section 43.056, of the Texas Local Government Code (nCoden). This Plan relates to the annexation by the City of a tract of land restricted to industrial use, which has no inhabitants (nTractn) at the intersection of Fairmont Parkway and Baypark Road. 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 option may be exercised by the adoption of an ordinance by the City Council which refers to this Plan and specifically renews this Plan for a stated period of time. III. 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 e EXHIBIT nAa 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. d. Maintenance of Water and Wastewater Facilities. There are presently no public water or wastewater facilities serving the Tract. Should any extensions of water or wastewater facilities be made to the Tract, normal maintenance services will be provided. e. Maintenance of Public Roads and Streets (including lighting). The public roads and streets which serve the tract are Fairmont Parkway and Baypark Road, each of which is on the Harris County Road Log, and is subject to maintenance by Harris County. This annexation does not include any of the right-of-way of Fairmont Parkway or Baypark Road. Harris County provides services relating to traffic control devices for such roads and streets, and Harris County maintains public street lighting for such public roads and streets through the Houston Lighting & Power Company, or by other means. It is therefore not contemplated that maintenance of public roads and streets (including lighting) by City will be necessary. 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. e e EXHIBIT RAR 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. public water policies and territory in public water Water and Wastewater Facilities. Future extensions of or wastewater facilities will be governed by standard procedures, and the Tract will be included with other connection with planning for new, revised or expanded and wastewater facilities. 5. Roads and Streets (including lighting). There are no public roads and streets within the Tract. The Tract is served by Fairmont Parkway and Bay Park Road, both of which are on the Harris County Road Log. 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 Services~ 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. 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 . . EXHIBIT RAR Page 4 of 4 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. RForce majeureR, 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. . . EXHIBIT "B" BOUNDARIES OF THE TRACT OF LAND COMPRISING THE AREA PROPOSED TO BE ANNEXED (HEREINAFTER ANNEXATION AREA) BEGINNING at a point in the William M. Jones Survey, Abstract No. 482, Harris County, Texas, within the city limits of La Porte, Texas, said point being Copperweld (C.W.) rod stamped 2682, at the intersection of the South right-of-way line of Fairmont Parkway, and the West right-of-way line of Baypark Road (100.00 feet wide) as recorded under File Number E7l7339, Film Code 138-02-1094 of the Harris County Official Public Records of Real Property (H.C.O.P.R.R.P.)~ THENCE southerly along the said West right-of-way line of Baypark Road to a point for the Northeast corner of a 60.792 acre tract of land conveyed to Quaker Oats Chemicals, Inc. per the deed recorded under File Number H406373, Film Code 011-97- 2240 of the H.C.O.P.R.R.P.~ THENCE, South 02027'59" East, 1476.25 feet along a line common to said 60.792 acre tract and said West right-of-way line of Baypark Road, to a C.W. rod stamped 2826 found for the Southeast corner of said 60.792 acre tract and being in the North right-of-way line of a railroad easement (50.00 feet wide), also being in the South line of a drainage easement (40.00 feet wide) as recorded under File Number E233742, Film Code 108-12-1079, of the H.C.O.P.R.R.P.~ THENCE, South 87031'40" West, along a line common to said 60.792 acre tract, the North right-of-way line of said railroad easement, and the South line of said drainage easement, at 1593.89 feet passing a point for the Southeast corner of Friendswood Development Company Water Well Site Site Number 11 as recorded under File Number E233742, Film Code 108-12-1079 of the H.C.O.P.R.R.P., at 1694.38 feet passing a point for the Southwest corner of said Water Well Site Number 11, in all a total distance of 1794.38 feet, to a point for corner, said point being a 5/8" iron rod in the East right-of-way line of Big Island Slough, as recorded in Volume 4860, Page 268, of the Harris County Deed Records (H.C.D.R.)~ THENCE, North 02024'31" West, 1442.29 feet along a line common to said 60.792 acre tract and said East right-of-way line of Big Island Slough to a Copperweld (C.W.) rod stamped 2829 found for the most southerly Northwest corner of said 60.792 acre tract and also being an angle point of said East right-of-way line~ THENCE, North 34059'38" West, 40.27 feet continuing along said common line to a 5/8-inch iron rod found for the most northerly Northwest corner of said 60.792 acre tract~ THENCE, Northerly along the East right-of-way line of Big Island Slough (230.00 feet wide) as recorded in Volume 4860, Page 268 of the Harris County Deed Records (H.C.D.R.) to its point of intersection with the South right-of-way line of Fairmont Parkway. THENCE, Easterly with the South right-of-way line of Fairmont Parkway to the POINT OF BEGINNING.