HomeMy WebLinkAboutO-2005-2816
.
.
ORDINANCE NO. 2005-~~/~
AN ORDINANCE DISANNEXING CERTAIN TERRITORY HERETOFORE ANNEXED TO
THE CITY OF LA PORTE, PROVIDING A SAVINGS CLAUSE, 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 territory described on Exhibit "A" which is
now entirely located within the corporate limits of the City of La
Porte, Texas, by prior annexation ordinances of the City of La
Porte, is hereby disannexed from the corporate limits of the City
of La Porte, and, after the effective date of this Ordinance, shall
not constitute a part of the corporate territory of the City of La
Porte.
Section 2. Nothing herein contained shall affect the validity
of the remaining portion of the Ordinance or ordinances under which
the hereinabove described territory was originally annexed, and it
is the intention of the City Council of the City of La Porte that
only the above described territory shall be disannexed from the
corporate limits of the City of La Porte, Texas.
Section 3. 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, Chapter 551, Texas Government
Code; 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.
.
.
ORDINANCE NO. 2005 - J:'61 ~
PAGE 2
Section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this ~ day of ~, 2005.
CITY OF LA PORTE
ATTEST:
~J d rJIJJI/
M r a . Gillett
City Secretary
APP~~~~
Knox W. Askins
City Attorney
e
e
EXHIBIT "A"
Petition for Deannexation
~
I
\
.
.
January 13, 2005
Hon. Mayor & City Council
City of La Porte
City Hall
La Porte, Texas
Dear Sir/Madam:
We, the undersigned, as the record owners of the real property
situated in the City of La Porte, being a 1.420 acre tract as
described on Exhibit "A" attached hereto, do hereby request that
the 1.420 acre tract of land be disannexed from the corporate
limits of the City of La Porte, so that the same may be included in
an Industrial District Agreement between the undersigned, doing
business as Gas Innovations, and City of La Porte.
The subject property is located in the City of La Porte's
Battleground Industrial District.
Yours very truly,
o?j;~~"-
dray
~-
Willl.ngham
2.
d/b/a Gas Innovations
~oo
.\
,
00
~
.TNEXATION TRACT
!
I
.:
METES AND BOUNDS DESCRIPTION
1.420 ACRE TRACT
ENOCH BRINSON SURVEY, A-5
LA PORTE, HARRIS COUNTY, TEXAS
Being a 1.420 a<;re tract of land and being the same 1.421 .
acre tract as conveyed by deed dated April 14, 1997, to
Teens of Youth, recorded under Harris County Clerk's File
No. S404378, situated in the Enoch Brinson Survey, A-5, La
Porte, Harris County, Texas, said 1.420 acre tract being
more particularly described as follows:
BEGINNING at a 5/8" iron rod found for the Northwest
corner of this 1.420 acre tract, said point being also the
SOuthwest corner of a called tract 1, as conveyed to R. G.
Florance by deed dated March 11, 1969, recorded in Volume
5451 at Page 65 of the Harris County Deed Records, and
being a point in the East right,-of-way line ,of Strang Road;
Thence, North 89 degrees 58 minutes 03 seconds East,
coincident ~ith the South line of the said Tract 1, at a
distance of 220.95 feet, pass a 1/2" iron rod found 0.12
feet SOuth 12 degrees 51 minutes East, continuing North 89
degrees 58 minutes 03 seconds East, coincident with the
. SOuth line of that certain tract called 25,000 squ~re feet
as conveyed to G. M. Ragsdale and W. Al Pardoe by
instrument recorded under Harris County Clerk's File No.
C813759, for a total distance of 410.05 feet to a punch
mark in concrete found for the Northeast corner of this
1.420 acre tract and, being also a point in the Northwest
right-of-way line of Texas State Highway No. 225;
Thence, South 50 degrees 36 minutes 38 seconds'West,
coincident with the SOutheast line of this 1.420 acre tract
and the Northwest right-of-way line of Texas State Highway
No. 225, a distance of 272.06 feet to .a 5/8" iron rod with
cap set for corner, from which a 1 1/4" iron pipe was found
North 06 degrees 15 minutes East, 1.48 feet;
PAGE 1 OF 2
.:
EXHIBIT RAR
.Q 0 . "
.
.
/-
Thence. South 64 degrees 11 minutes 13 seconds West,
coincident with the Southeast line of this 1.420 acre
tract, and the Northwest right-of-way line of Texas State
Highway No. 225, a dist'ance of 212.71 feet to a Texas
Department of Transportation concrete monument with cap
found for the Southwest corner of this 1.420 ac~e tract,
said point being the point of intersection of the Northwest
right-of-way line of Texas. State Highway No. 225 with the
East right-of-way line of Strang Road;
Thence, in a Northerly direction, coincident with the East
right-of-way line of Strang Road, and following a non-
tangent cUrve, said curve having a Delta angle of 13
degrees 16 minutes 48 seconds, a radius of 38.00 feet, for
a curve length of 8.81 feet, and a chord length of 8.79
feet, said chord having a bearing of North 06 degrees 42
minutes 43 seconds West, to a 5/8" iron rod found for
corner;
Th~nce, North 04 degrees 49 minutes 05 seconds West,
coincident with the East right-of-way line of Strang Road,
and the West line of this 1.420 acre tract, a distance of
88.30 feet to a 5/8" iron rod with cap found for corner,
from which a Texas Department of Transportation concrete
monument with cap was found North 78 degrees 52 minutes
East, a distance of 0.45, feet, and a 3/4" iron pipe was
found'South 04 degrees 35 minutes East, a distance of 3.23
feet;
Thence, North 00 degrees 01 minute 53 seconds East,
coincident with the West line of this 1.420 acre tract, and
the East right-of-way line of Strang Road, a distance of
168.28 feet returning to the POINT OF BEGINNING.
PREPARED FROM A SURVEY MADE ON THE GROUND ON DECEMBER 9,
2004.
PAGE 2 OF 2
TEXAS REGISTERED PUBLIC SURVEYOR NO. 1228
e
e
EXHIBIT "B"
Ordinance for Deannexation
~o 0
~EXATION TRACT
I
.
METES AND BOUNDS DESCRIPTION
1.420 ACRE TRACT
ENOCH BRINSON SURVEY, A-5
LA PORTE, HARRIS COilli'TY, TEXAS
Being a 1.420 a~re tract of land and being the sarne 1.421
acre tract as conveyed by deed dated April 14, 1997, to
Teens of Youth, recorded under Harris County Clerk's File
No. S404378, situated in the Enoch Brinson Survey, A-5, La
Porte, Harris County, Texas, said 1.420 acre tract being
more particularly described as follows:
BEGINNING at a 5/8" iron rod found for the Northwest
corner of this 1.420 acre tract, said point being also the
Southwest corner of a called tract 1, as convey~d to R. G.
Florance by deed dated March 11, 1969, recorded in Volume
5451 at Page 65 of the Harris County Deed Records; and
being a point in the East right,-of-way line of Strang Road;
Thence, North 89 degrees 58 minutes 03 seconds East,
coincident_with the South line of the said Tract 1, at a
distance of 220.95 feet, pass a 1/2" iron rod found 0.12
feet South 12 degrees 51 minutes East, continuing North 89
degrees 58 minutes 03 seconds East, coincident with the
South line of that certain tract called 25,000 square feet
as conveyed to G. M. Ragsdale and W. Al Pardoe by
instrument recorded under Harris County Clerk's File No.
C813759, for a total distance of 410.05 feet to a punch
mark in concrete found for the Northeast corner of this
1.420 acre tract and being also a point in the Northwest
right-of-way line of Texas Sta~e Highway No. 225;
Thence, South 50 degrees 36 minutes 38 seconds West,
coincident with the Southeast line of this 1.420 acre tract
and the Northwest right-of-way line of Texas State Highway
No. 225, a distance of 272.06 feet to a 5/8" iron rod with
cap set for corner, from which a 1 1/4" iron pipe was found
North 06 degrees 15 minutes East, 1..48 feet;
PAGE 1 OF 2
00
EXHIBIT nAn
,.00
.
.
Thence. South 64 degrees 11 minutes 13 seconds West,
coincident with the Southeast line of this 1.420 acre
tract, and the Northwest right-of-way line of Texas State
Highway No. 225, a distance of 212.71 feet to a Texas
Department of Transportation concrete monument with cap
found for the Southwest corner of this 1.420 acre tract,
said point being the point of intersection of the Northwest
right-of-way line of Texas State Highway No. 225 with the
East right-of-way line of Strang Road;
Thence, in a Northerly direction, coincident with the East
right-of-way line of Strang Road, and follow.i.ng a non-
tangent curve, said curve having a Delta angle of 13
degrees 16 minutes 48 seconds, a radius of 38.00 feet, for
a curve length of 8.81 feet, and a chord length 'of 8.79
feet, said chord having a bearing of North 06 degrees 42
minutes 43 seconds West, to a 5/8" iron rod found for
cotner;
Thence, North 04 degrees 49 minutes 05 seconds West,
coincident with the East right-of-way line of Str&~g Road,
and the West line of this 1.420 acre tract, a distance of
88.30 feet to a 5/8" iron rod with cap found for corner,
from which a Texas Department of Transportation concrete
monument with cap was found North 78 degrees 52 minutes
East, a distance of 0.45 feet, and a 3/4" iron pipe was
found'South 04 degrees 35 minutes East, a distance of 3.23
feet;
Thence, North 00 degrees 01 minute 53 seconds East,
coincident with the West line of this 1.420 acre tract, and
the East right-of-way line of Strang Road, a distance of
168.28 feet returning to the POINT OF BEGINNING.
PREPARED FROM A SURVEY MADE ON THE GROUND ON DECEMBER 9,
2004.
PAGE 2 OF 2
TEXAS REGISTERED PUBLIC SURVEYOR NO. 1228
e
e
EXHIBIT "c"
Area Map
.. " :
f-";"
Legend
II I] CITY_LIMITS
D GAS INNOVATIONS SITE
,,'
I.~~:::;i 1',1" i~::~,?-,~~~~,#~,
~A!2W ~p
e
e
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
2005
Source of Funds: N/A
Requested By: Wa n
Account Number: N/A
Department: Plannine:
Amount Budgeted: N/A
Report: _Resolution: _Ordinance: -X-
Amount Requested: N/A
Exhibits:
A. Petition for Deannexation
B. Ordinance for Deannexation
C. Area Map
Budgeted Item: _YES -X....NO
OVERVlEW
At its February 28, 2005 meeting, a workshop item was presented to Council regarding a petition
for deannexation of a 1.420 acre tract by the owners of Gas Innovations. Council expressed no
opposition to the deannexation request.
Mr. Ashley Madray and Mr. Jason Willingham have filed a petItIon with the City for
deannexation of a 1.420 acre tract of land in the Enoch Brinson Survey, Abstract 5, which
comprises the southernmost portion of the "Gas Innovations" development at 18005 S.H. 225
(see Exhibit "C" - Area Map). Currently, Gas Innovations' site is divided into two separate
jurisdictions: the Battleground Industrial District on the north and La Porte city limits on the
south. The company's plan is to unite both tracts under an Industrial District Agreement (IDA)
within the Battleground Industrial District (re: Madray & Willingham IDA agenda request).
Gas Innovations' development calls for expansion of the office and warehouse facilities located
on its deannexed tract (Re: Ord. 1540 - 4/1987) which has a current Industrial District
Agreement (Re: 2000-IDA-09 - Tom M.R., Inc.). Plans for its city limit tract (requested to be
deannexed) consist of paving, fencing, detention and installation of above-ground propane
storage tanks to support the company's operations. As a result, the city limits tract gains
substantive value when combined with the industrial district tract as part of a larger site unified
under a new Industrial District Agreement (IDA) with the City.
RESPONSES TO CONCERNS
Development of Gas Innovations' site presents an issue that is unique to its area: the consolidation
of all of its properties under a single jurisdictional and taxing entity. Therefore, the company's
desire is to unite the entire site under a single Industrial District Agreement with the City.
In 1987, the previous owner of Gas Innovations' industrial district property (Tom M.R., Inc.)
petitioned for deannexation of the 1.079 acre site due, in part, to the fact that City utilities were
not available. In 1997, the City invested $67,763 to extend water and sanitary sewer mains
across S.H. 146 (south of the Fred Hartman bridge) to facilitate utility service to properties in the
city limits as well as the Battleground Industrial District. Acquiring service from these utilities
will require the developers to construct a 642' extension of the City's water main from its
northernmost boundary at S.H. 146 to and through its southernmost boundary at Strang Road.
e
e
The sanitary sewer service will be privately maintained. In a related action on this agenda,
Council will be asked to consider execution of an Industrial District Agreement, a Water Service
Agreement, a Sanitary Sewer Service Agreement and a Utility Extension Agreement with the
company to facilitate extension of the water main and utility service.
Gas Innovations' total site equals of 2.5 acres. Tax records for 2004 show the total value of the
industrial district property to be $101,710. IDA revenues from this property were $134.00. The
company's property within the city limits is valued at $46,420. City taxes received in 2004 from
this property were $329.58. Total tax revenue in 2004 from the entire site (with no additional
improvements) was $463.58.
The company's current plan for expansion calls for the investment of an additional $345,000 in
building and site improvements. Improvements totaling $155,000 will be allocated for its
industrial district property with $190,000 of improvements taking place on its city limit property.
Therefore, an estimate for the value of the fully-developed site is $493,120.
By unifying all of Gas Innovations' properties (with proposed improvements) under a single
industrial district agreement, it is estimated that the City will receive total annual revenues of
$1,292. This figure represents an initial increase of $828 per year through the end of the current
IDA term (12/31/07). Upon renewal of the company's IDA for the 2008 term, the City will realize
an additional $563 in revenue from the company for a total of $1 ,855 per year.
Staffreeonmends approval of the applicant's petition for deannexation as submitted.
Action Required bv.Council:
Consider approval an ordinance authorizing the deannexation of a ] .420 acre tract out of the Enoch
Brinson Survey, A-5.
Approved for City Council Al!enda
dkiwJjj ~~
:6ebra B. Feazelle, City Manager
3 -2-(]5
Date