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HomeMy WebLinkAboutO-2007-3056 10 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: December 17.2007 Bude:et Requested By: Ron Bottoms Source of Funds: Department: City Manager Account Number: Report: Resolution: Ordinance: x Amount Budgeted: Exhibits: Ordinance Amount Requested: Exhibits: Budgeted Item: YES NO Exhibits SUMMARY & RECOMMENDATION On November 1,2007 the City of La Porte mailed out 118 Industrial District Agreements to the companies that own property within the Battleground and Bayport Industrial Districts to renew for twelve years beginning on January 1, 2008. The property owners that have not successfully executed an Industrial District Agreement are part of the territory in which the City of La Porte is requesting to extend its City Limits which is set out in Exhibits to be provided Monday December 17, 2007. It-/f ~ ~1 Date ORDINANCE NO. 2007- 305 ij =rl ('/11 pLlIl-d- (10 ({ &I; O(\.-) -iat f'1J AN ORDINANCE EXTENDING THE CORPORATE LIMITS OF THE CITY OF LA PORTE, TEXAS, TO EMBRACE AND INCLUDE TERRITORIES WITHIN CERTAIN BOUNDARIES LOCATED WITHIN THE BATTLEGROUND INDUSTRIAL DISTRICT AND THE BAYPORT INDUSTRIAL DISTRICT; ANNEXING TO THE CITY OF LA PORTE, TEXAS, TERRITORY WITHIN SUCH BOUNDARIES; APPROVING A SERVCE PLAN FOR SUCH TERRITORIES; MAKING FINDINGS AND OTHER PROVISIONS RELATED TO THE SUBJECT; CONTAINING A REPEALING CLAUSE; CONTAINING A SEVERABILITY 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 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 he City. This annexation proceeding is conducted pursuant to the authority granted by said Home Rule Charter, and by Chapter 43 of the Texas Local Government Code. Section 2. The City Council of the City of La Porte hereby finds, determines and declares that the hereinafter described territories are or were the subject of an industrial district contract (as defined under Section 42.044 of the Texas Local Government Code), and as allowed by Section 43.052 (h) (3) (A) of the Texas Local Government Code, are thus not subject to inclusion with a three (3) year municipal annexation plan required under Chapter 43, Subchapter C of the Texas Local Government Code, for municipal annexations. Section 3. The City Council of the City of La Porte hereby finds, determines and declares that the hereinafter described territories are adjacent and contiguous to the present City limits ofthe City of La Porte, and lie within the exclusive extraterritorial jurisdiction of the City of La Porte, and that the annexation of said territories 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 4. The City Council ofthe City of La Porte has heretofore, on November 12,2007, passed and approved Ordinance 2007-3044 declaring its intention to institute proceedings to annex the hereinafter described territory. Two public hearings were called, and were held on October 8, 2007, and October 22, 2007, at which public hearings all interested parties were given an opportunity to be heard. Notice of such public hearings were given by publication in the Bayshore Sun, a newspaper of general circulation in La Porte and in the areas proposed for annexation, and on the City of La Porte's internet webstite. 1 Section 5. 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 ofthe City of La Porte, and the same shall hereinafter be included within the territorial limits ofthe City of La Porte, and the inhabitants thereof shall hereinafter 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 ofthe City of La Porte. Section 6. 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 Exhibits _, which exhibits are 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. Section 7. As required by Texas Local Government Code Section 43.065, the City Council ofthe City of La Porte, has heretofore, on August 13,2007, 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 Bayport Industrial District, within which are located to areas proposed for annexation by this ordinance. Such Service Plan is hereby approved as part of this ordinance, and is attached hereto as Exhibit _ , and is incorporated herein by this reference and made a part hereof for all purposes. Section 8. 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 2 hearing and giving notice relative to the institution of any annexation proceedings. This 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. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict only. Section 9. It is the intention ofthe 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 10. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this Ordinance shall, for any reason, be held unconstitutional, illegal, or invalid, or the application thereof ineffective or inapplicable as to any territory, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section, sentence, phrase, or clause shall in no wise affect, impair, or invalidate the remaining portion or portions of this Ordinance, and it is hereby declared to be the intention of this City Council to have passed each section, sentence, phrase, or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase, or clause, or part thereof, may be declared invalid. Furthermore, should this Ordinance for any reason be ineffective as to any part ofthe territory hereby annexed to the City of La Porte, such ineffectiveness ofthis Ordinance as to any such part or parts of any such territory shall not affect the effectiveness of this Ordinance as to all ofthe remainder of such territory, and the City Council hereby declares it to be its purpose to annex to the City of La Porte every part ofthe territory described in Exhibits of this Ordinance, regardless of whether any part of such described territory is hereby effectively annexed to the City. Provided, further, that ifthere is included in the description of the territory set out in Exhibits _ ofthis ordinance to be 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 if 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 owned by and under the control of the following entities: Section 11. The City Council officially finds, determines, recites, and declares that a 3 sufficient written notice ofthe date, hour, place and subject ofthis meeting ofthe 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 Section 12. This Ordinance shall be effective after its passage and approval. PASSED AND APPROVED, this day of December, 2007. By: AITY OF LA PORTE ~~~~ Alton E. Porter Mayor ATTEST: 1--{ fVf") PlA I I 'tel - o [( Ii f n , nO Cfcliuv\.) Martha A. Gillett City Secretary APPROVED: Clark T. Askins Assistant City Attorney 4