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HomeMy WebLinkAboutO-2007-3044 D REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: November 12. 2007 Requested By: Wayne J. sati'VP I Department: Plannin2 Source of Funds: NA Account Number: NA Amount Budgeted: NA Report: _Resolution: _Ordinance: X Exhibits: Ordinance Boundary Map SUMMARY At the October 8, and October 22, 2007, meetings, the City Council conducted the two public hearings required prior to institution of proceedings pursuant to the proposed annexation of the industrial districts. As negotiations continue, Council directed staff to proceed with the annexation timeline. Council previously received the draft service plans as required. Council received no public input at the hearings. The Council may announce "beginning of proceedings" on November 12, 2007, and pass an actual annexation ordinance effecting annexation of the properties currently subject to Industrial District Agreements on a later date. The Council, however, would have aO maximum of 90 days, counting from November 12, 2007, to finally pass an annexation ordinance. Current IDAs expire on December 31, 2007. As a reminder, the Planning Department, as part of the process, has reviewed the Annexation Service Plans that were used during the 1993 IDA renewal process for the Industrial Districts. Statutory Services to be provided in 60 days include Police and Fire protection, EMS, solid waste collection, maintenance of water and wastewater services, operation and maintenance of roads and streets to include lighting, parks and any other public facility, building or service. The Capital Improvement Program (CIP) portion of the Service Plan will initiate construction to extend utilities as needed within two (2) years of the effective date of the plan Staff's recommendation, since negotiations are continuing, is to pass an Ordinance to declare the intent to annex and consider an actual annexation ordinance at a later date if necessary. Action Required by Council: Consider passing an Ordinance declaring intent to annex certain territories within Battleground Industrial . ict and Bayport Industrial District. Council A enda Ron Bottoms, City Manager II ORDINANCE NO. 2007-~4 AN ORDINANCE DECLARING THE INTENTION OF THE CITY OF LA PORTE TO INSTITUTE PROCEEDINGS TO ANNEX TERRITORY LOCATED WITHIN THE BAYPORT INDUSTRIAL DISTRICT AND THE BATTLEGROUND 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 of the City of La Porte hereby declares its intention to institute annexation proceedings, to annex the following described territory to the city of La Porte by the passage of an ordinance of annexation extending the general corporate limits of the City of La Porte for all purposes to include within such territory property located in the Bayport Industrial District and the Battleground Industrial District, now situated within the exclusive extraterritorial jurisdiction of the City of La Porte, and which is more particularly described in Exhibits "A" and "B", attached hereto and incorporated by reference herein. As used herein, the term extraterritorial jurisdiction shall have the same meaning ascribed to it as is ascribed to it in the Municipal Annexation Act of 1963, compiled as Chapter 43, Texas Local Government Code. Section 2. On August 13, 2007, the City Council of the City of La Porte directed the City's Planning Department to prepare a Service Plan that provides for the extension of municipal services to the area comprising the Battleground Industrial District and the Bayport Industrial District. The proposed Service Plan shall be made available for public inspection and explained to the inhabitants of the area to be annexed at the public hearings. Section 3. The City Council of the City of La Porte has previously conducted two (2) public hearings at which persons interested in the proposed annexation were given the opportunity to be heard, said hearings having been held on or after the 40th day but before the 20th day before the date of this ordinance declaring the intention of the City of La Porte to institute proceedings to annex territory located within the Bayport Industrial District and the Battleground Industrial District. Each public hearing was conducted in the City Council Chambers, City Hall, 604 West Fairmont Parkway, La Porte, Texas, at 6:00 p.m., on October 8, 2007, and October 22, 2007, and notice of which was published in a newspaper of general circulation in La Porte and in the area proposed for annexation, and on the City of La Porte's internet website. Section 4. The institution of annexation proceedings, of which notice is given by this ordinance, and which may precede completion of annexation by no more than ninety (90) days, shall be effective immediately upon passage and approval of this ordinance by the La Porte City Council. Section 5. 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 2 upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 6. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 12th day of November, 2007. CITY OF LA PORTE By: ~?~ Alton E. Porter Mayor ATTEST: lflldii/ ;il./IdII Mar ha A. Gillett City Secretary APPROVED: U~-r ~ Clark T. Askins Assistant City Attorney 3 Battleground Industrial District Metes & Bounds Description BEGINNING at a point of intersection of the East right-of-way line ot North 1st Street and North right-of-Iine ot the Union Pacific Railroad right-ot-way, said point being on the existing city limits line of the City of La Porte as it existed per City of La Porte Ordinance No. 495, on March 20, 1956; THENCE, Northwesterly coincident with the North right-of-way line of the Union Pacific Railroad to the point of intersection with the West right-of-way line of Underwood Road, said point being on the city limit line of the City of La Porte as it existed per City of La Porte Ordinance No. 1235 on November 5, 1980; THENCE, North coincident with the West right-of-way line of Underwood Road as projected to a point of intersection with the North right-ot-way line of Texas State Highway 225, point being on the existing city limits line ot the City ot La Porte as it existed per City La Porte Ordinance No. 637 on November 27, 1961; THENCE, Northwesterly coincident with the North right-of-way line of Texas State Highway 225 to its intersection with the East right-of-way line of Texas 134 (Battleground Road), point being on the existing city limit lines of the City ot La Porte as it existed per City of La Porte Ordinance No. 637 on November 27, 1961; THENCE, in a Northerly direction along the Easterly right-ot-way line of the said Texas State Highway No. 134 to the point where the same intersects with an imaginary line twenty-five hundred (2500) feet distant from, parallel to, and South of the center line of the Houston Ship Channel, said imaginary line also being the City Limit line ot the City of Houston; THENCE, in a Northeasterly direction along the said imaginary line twenty-five hundred (2500) feet distant from, parallel to, and South of the said Houston Ship Channel, to the point where the same intersects with the Southerly boundary line of the San Jacinto Battleground State Park of Texas; THENCE, in a Southeasterly direction along the said Southerly boundary line of the said State Park to the southernmost point of said boundary line; THENCE, in a Northeasterly direction along the Easterly boundary line of said State Park, extended in the same direction, to the point where the same intersects with an imaginary line twenty-five hundred (2500) feet distant from, parallel to, and Southwest of the center line of the Houston Ship Channel; THENCE, in a Southeasterly direction along an imaginary line twenty-five hundred (2500) feet distant from, parallel to, and Southwest ot the said center line of the Houston Ship Channel, to the point where the said imaginary line intersects with the North boundary line of the City of La Porte, the same also being the North boundary line of the La Porte Independent School District; THENCE, in a Westerly direction along the said North boundary line of the said City ot La Porte and La Porte Independent School District to the point where said boundary lines intersection with the shore line of San Jacinto Bay; THENCE, in a Southerly and Easterly direction and along the shore line and following the meanders of the shoreline of said San Jacinto Bay, continuously following such shore line to the point where it intersects an imaginary line projected North from the East right-ot-way line ot North 1 st Street; THENCE, in a Southerly direction along said projection of the East right-of-line of North 1st Street and along the East right- ot-way line of North 1st Street to its intersection with the South right-of-way line of the Union Pacific Railroad right-ot-way, same being the POINT OF BEGINNING. Provided, however, there shall be SAVED AND EXCEPTED from this annexation all territory within the boundaries described herein that have been previously annexed by the City (it being the intention of the City Council of the City of La Porte to annex all territory within the City's extraterritorial jurisdiction areas North of Texas State Highway 225 and South ot the Houston Ship Channel and East of Texas State Highway 134 and West of Texas State Highway 146). -------.-... Bayport Industrial District Metes & Bounds Description BEGINNING at a point in the Richard Pearsall 1/3 League, A-625 , said point being in the South right-of-way line of Fairmont Parkway (250 feet wide as existed on the 5th day of January, 1970 and as referred to in CLP Ordinance No. 841), said point being also in the West right-of-way line of the Union Pacific Railroad; THENCE, Westerly along the South right-of-way line of Fairmont Parkway to its intersection with the West line of a 200 foot wide Harris County Flood Control District right-of-way for Willow Spring Gully which is designated as Ditch No. B112-00-00; THENCE, Southwesterly coincident with the meanders of the West line of the 200 foot wide right-of-way of Willow Spring Gully, Harris County Flood Control District Ditch B112-00-00, to its intersection with the South line of the W.M. Jones Survey, A482 and also being the North line of the George B. McKinstry Survey, A47; THENCE, East with the North line of the George B. McKinstry Survey, A47 and the South line of the W.M. Jones Survey, A482 and the corporate limit line of the City of Pasadena to the East line of the 200 foot wide right-of-way of Willow Spring Gully, Harris County Flood Control District Ditch No. B112-00-00; THENCE, Southwesterly with the East line of the 200 foot wide right-of-way of Willow Spring Gully, Harris County Flood Control District Ditch B112-00-00 to a point 469 feet south of the North line of the George B. McKinstry Survey, A47; THENCE, East being 469 feet South of and parallel to the North line of the George B. McKinstry Survey, A-47, to a point 200 feet West of the West line of that certain tract of land conveyed to Dart Industries and EI Paso Products Co. a distance of 469 feet to its intersection with the North line of the George B. McKinstry Survey, A- 47; THENCE, North, 200 feet West of and parallel to the West line of the property conveyed to Dart Industries and EI Paso Products Co. a distance of 469 feet it its intersection with the North line of the George B. McKinstry Survey, A47; THENCE, Easterly along the North line of the George B. McKinstry Survey, A47 and the South line of the W.M. Jones Survey, A-482 to its intersection with the center line of Big Island Slough; THENCE, Southerly along the meanders of the center line of Big Island Slough to its intersection with a line parallel to and 3,410 feet more or less measured at right angles South from the North line of the George B. McKinstry Survey, A47, to a point for corner, said point being on the North line of that territory annexed to the City of Houston by Ordinance No. 65-1555 B-R; THENCE, Easterly along the North line of said territory described by Houston Ordinance No. 65-1555 B-R and its Easterly extension, parallel to and 3410 feet more or less south of the North line of the George B. McKinstry Survey, A47, and the South line of the W.M. Jones Survey, A482 and the Richard Pearsall 113 League, A-625 to its intersection with the West right-of-way line of the Union Pacific Railroad; THENCE, North along the West right-of-way of Union Pacific Railroad to the POINT OF BEGINNING, it being the intention of the City Council of the City of La Porte to annex all territory within the City's extraterritorial jurisdiction areas South of Fairmont Parkway and West of the Union Pacific Railroad right-of-way, except those areas hereinafter SAVED and EXCEPTED.