O-2020-3802 Disannexation of 4.8635-acre tract of land and a 3.8135 acre tract of land

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ORDINANCE NO. 2020-3802 AN ORDINANCE OF THE CITY OF LA PORTE, TEXAS, DISANNEXING APPROXIMATELY 8.67 ACRES OF LAND FROM THE CITY OF LA PORTE, TEXAS; MAKING FINDINGS OF FACT; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETING ACT; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of La Porte, Texas (the "City"), is a home rule municipality authorized by Texas Local Government Code, Section 43.142 to disannex an area located within the City's corporate limits, in accordance with rules provided in the City's Charter; and WHEREAS, Article I, Section 1.03 of the City's Charter provides that the City may disannex territory within the City; and WHEREAS, the owners of certain property located within the City's corporate limits have petitioned the City Council of the City of La Porte to disannex the real property, which petition (the "Petition") is attached hereto as Exhibit A and incorporated by reference; and WHEREAS, the Petitioner acknowledges, and City Council finds, that during the time that the property has been located within the City's corporate limits the amount of property taxes collected by the City was roughly proportional to the amount of money the City spent for the direct benefit of the area during that period; and, therefore, the City shall not be required to refund any taxes or fees to the Petitioner; and WHEREAS, the Petitioner acknowledges, and City Council finds, that the Petition does not allege that the City Council failed or refused to provide services or to cause services to be provided within the property with a period required by statute or specified in a service plan prepared for the property; and, therefore, the disannexation does not fall under the purview of Texas Local Government Code Section 43.141; and WHEREAS, the Petitioner acknowledges, and the City Council finds, that the property to be disannexed does not include a road or highway and as such the width requirements established in Texas Local Government Code Section 43.147 for disannexation of roads or highways do not apply; and