HomeMy WebLinkAbout12-05-1983 Public Hearing (2)
•
MINUTES
•
OF THE
•
PUBLIC HEARING OF THE LA PORTE CITY COUNCIL
DECEMBER 5, 1983
1. Mayor Virginia Cline called the public hearing, to
8:30 p.m. Said hearing. was held in the office of
View Municipal Utility District, 8610 Bandridge.
was in regards to the annexation of the Spenwick
College View Municipal Utility Districts.
order at
the College
Such hearing
Place and
Members of the Cit Council Present: .Mayor Virginia Cline,
Councilpersons Norman Ma one, John Longley, Ed Matuszak,
Lindsay Pfeiffer, B. Don Skelton, Linda Westergren
Members of the City Council Absent: Councilpersons Kevin Graves,
Deotis Gay
Members of Cit Staff Present: City Manager Jack Owen, City
Attorney Knox As ins, City Secretary Cherie Black, Acting Police
Chief Robert Ha11, Director of Public Works Jerry Hodge
Other Present: Linda Castleberry, Bayshore Sun-Broadcaster;
S erri Carver, Baytown Sun; 25 interested citizens
• Mayor Cline introduced members of Council and staff to the
people present.
City Attorney Knox Askins reviewed the proposed service plan
point by point.
Mayor Cline asked that those wishing to speak in favor of the
annexation to please address the .Council at this time.
Mr. Cary Burnley, 3207 Somerton: I speak only because of
some questions that were raised at the earlier meeting. During
the Pasadena annexation of San Jacinto College and their rodeo
and Civic center ground., the first public hearing on that
annexation did include College View M.U.D. College View M.U.D.
was one of the tracts included in the public hearing that was
held on that annexation, and it was dropped iimnediately following
that public hearing. It was our understanding at that time that
there was some sort of agreement between the two cities that
didn't materialize. We were told that--not by the City of La Porte-
OK? I spoke at the hearing, so I know there was such a hearing.
That was one question that was raised. Another one was the
Justice Department requirement. We were told that there would
be no annexation in this area by the City of La Porte until 1985
because of the need for the Justice Department approval. We were
• told that, and we passed that word around the neighborhood. The
word came from someone who is no longer a public figure in the
City of La Porte. The legal notice in regard to this hearing
Minutes, Public H•ring, La Porte City Coune~
December 5, 1983, Page 2
tonight and the ,one that was held earlier today, and the one
• that was held in November for the same purpose--this hearing is
a hearing by the city of La Porte; it's not a College View M.U.D.
hearing, and as such they do the advertising of notices and so on.
I think-that was mentioned earlier but I wanted to be sure
everybody understood this.
The other thing was about the fire department report, and I just
wanted to say that on two occasions where we had fire out here,
the Deer Park fire department did respond, but so did La Porte's
and they got here almost at a dead heat. Thank you.
There was no one else who wished to speak in favor of the
annexation.
Mayor Cline asked for those wishing to speak in opposition to
the annexation to please do so at .this time.
Mr. Harold Trahan, 8707 Collingdale: I'd like to run through
t ese questions once. Council answered these at the previous
meeting; I'm sure some light has been shed on these, but I'd
like to go over them to give the people here an opportunity to
hear. what the response was.
1. Why is it, that after several years of being neglected
College View M.U.D. has suddenly become so attractive for
annexation?
• 2. What was our status in being annexed by Pasadena before
and after annexation of the rodeo grounds? What agreement
was made between Pasadena and La Porte? .This was partially
answered.
3. Till very recently the residents in our district have been
told there was no chance for annexation until 1985. We were
told that-the Justice Department would not approve any such
annexation because it would dilute the black vote. What happened
to change this?
4. Why aren't the people of our district being given fair notice
of these hearings, and why are both hearings scheduled the same
night? I think we have quite a few residents here tonight, but
I'd like the Council and the District to find out how did they
actually .receive notice and their presence here tonight--was is
from the paper or what? What source of information did they have?
5. If annexed, what dollar figure change can we expect to see in
our taxes and utilities? You told me this was the same rate, but
I'd like to see the dollar figures, primarily for our planning
for .the future.
6. I did not previously asked this question. Some of our owners
of commercial property have been denied utility service over the
years. How will this affect the time element in their obtaining
services?
Thank you, Mayor and Council.
Mayor Cline: Mr. Trahan was present at the meeting held in our
Council zoom at 7 o'clock and asked these same questions. If you
would like, we'll let Knox-just touch base on-some of them and
Minutes, Public H•ring, La Porte City Counc~~
December 5, 1983, Page 3
su~una.rize it all. First of all, though, I'd like to clear
• up one point. The hearing that Mr. Burnley spoke of, Knox,
with Pasadena, there wasn't any way--and correct me if I'm
wrong--that Pasadena could ever have come here and annexed
Brookglen with them being in our ETJ.
Mr. Burnley: Without the approval of La Porte
Mayor Cline: But La Porte had never indicated they were ever
going to turn it loose, Cary.
Some discussion was then held on various time periods that
College View had been involved in public hearings for different:
annexations involving Pasadena.
Mayor Cline: Mr. Burnley, what-I'm speaking to is when I was
in City Hall and Mr. Askins was the attorney, and the City
Council of La Porte made the agreement with the City of Pasadena
then about the college district, and that was back in 1969 and '70.
Councilperson Ed Matuszak: May I ask just what bearing this
has on this action? It's past history.
Mayor Cline: You have some questions here that want to be
answered, Ed, and that's what we're here for.
City Attorney Askins: I think it's important to point out to
the residents, Mayor, that there is no dispute of any kind
between Pasadena and La Porte over territory. Those .who have
lived in this City a long time know that there were annexation
wars in the early '60's--fights, as you pointed out--between
Pasadena, La Porte and Houston. La Porte lost the lawsuit to
Houston, Pasadena won a lawsuit from Houston on the Bayport
Industrial District. In '69 and '70, as the Mayor pointed out,
the City of La Porte and Pasadena officials negotiated a formal
contract, just drawing a line--it was called an extraterritorial
jurisdiction division--and the line went down a common boundary
between College View .and the college and then went down into
Bayport and divided up that area. Here a few years ago, Pasadena
bought the rodeo tract from Friendswood. It turned out the tract
of land they bought was on La Porte's side of the line. It would
have been embarrassing for Pasadena to have their Civic center
in La Porte, and we didn't want it, because you don't get any.
taxes off an exempt piece of property. So they said would you
amend the agreement to give us that acreage, and we paid fine,
if you'll give us a similar .amount of acreage off your land,
then we'll just swap. And we did, and we amended the contract.
I can only imagine that if Pasadena, including College View
in a recent annexation who has annexation 3urisdiction,
so to speak. La Porte supervised the creation of the College
View district. I flew to Austin with the bond attorneys and
the .people who formed the district, to the Legislative hearings
in the 1960's. La Porte had written into the Bill the supervision
of the College View district for planning purposes. And the same
Minutes, Public H• ring, La Porte City Coun~
December 5, 1983, Page 4
thing with Spenwick. College View and Spenwick have been under
• the supervision of the master planning jurisdiction and what we
call subdivision ordinance jurisdiction of La Porte for their
entire histories.
On the Justice Department question, all annexations of populated
areas have to be approved by the United States Justice Department
if they're. in Texas or the other Southern States that are under
the Voting Rights Act. And we are preparing a-brief and we have
it in draft form, to submit to the Justice Department; the burden
of proof is strictly on the City to justify the annexation that it
will not impair minority voting rights. Now La Porte adopted a
charter a few years ago which the Justice Department approved;
one of the conditions being on single member districts. We have
six single member districts, one of which is a heavily minority
district on the north side of La Porte, which has elected a black
City Councilman twice. It's my own opinion that the Justice
Department will be'we11 satisfied with what has occurred in
La Porte, the commitments La Porte has previously made and kept
on minority voting rights. And I do not foresee any difficulty
in getting Justice Department approval of this annexation. The
Justice Department .will have 60 days.-when they receive our brief--
we can't mail it until the day after-the annexation--in which to
study it and to approve it. They routinely will contact the
prominent minority leaders in our community, essentially to ask
them. the question do-they feel like they've been dealt fairly
• with, both historically and on this one. This area, if annexed,
will be attached to District 2 in La Porte for voting purposes,
but in 1985 and every five years under our charter, the whole
-City has to be looked at and redistricted and the six districts
have got to have a population equality plus or minus 5 percent,
and that's the outer limits. So the way La Porte is growing,
particularly the west end of town--Fairmont has about 400 building
permits a year--we probably are going to see some major shifts
in district lines in 1985. Because we have the one man, one
vote rule from the Supreme Court, they're very strict about that
rule.
On the notice, on that gentleman's question, about the .public
hearing, hearings on annexation are set by State law. The notice
of hearings for these here tonight and the one that was held in
November, were published im the Bayshore Sun which is the desig-
nated official newspaper of the City of La Porte for publication
of its notices and there's been a lot of publicity in the La Porte
paper and the Baytown paper which has circulated in La Porte,
about the studies, the hearing process, and that type of thing.
-Every effort has been made, through the water district board
members and others, to make their part of the studies and to
disseminate information about the hearings to the public.
The reason for the-two hearings tonight was just strictly one of
convenience. The Legislature has amended the state law to require
a hearing both at your city hall and in the area to be annexed,
and this is the hearing in the area to be annexed. That's all the
questions I can recall at this time.
Minutes, Public Hearing, LaPorte City Counc~
December 5, 1983, Page 5
Mayor Cline: Mr. Trahan
• of us know, at this point
La Porte, what our taxes
wanted a dollar figure on taxes. None
in time, even those of us who live in
are liable to be next year.
City. Attorney Askins: Your tax is a function of your valuation
multiplied by the rate that is set. If you will take your
valuation, it's not going to be more than 1.3 percent off the
dollar figures in a penny difference range. .And if you figure
the homestead exemption and then if you're over 65, a very large
exemption, probably everybody in the annexed area is going to
be looking, since most of you are homeowners; now if you're a
renter that's not going to help you. You've got to be a home-
owner. But if you're a homeowner, you're probably looking
at a substantially reduced tax.
Unknown: Will we pay both La Porte and water district taxes?
City Attorney Askins: No. .Taxes are reckoned in Texas on a
calendar year basis, starting January first, and your tax where
you are on January 1. It's a good question, because the water
district is going to be dissolved in 90 days. But it's not
a pro rateable thing. The water district, for 1984, will not
levy a water district tax for '84 before they are dissolved.
The City levies its tax ordinance usually the last week of
August, first week of September, somewhere in there, .and the
City of La Porte's tax rate has been remarkably stable for the
• last couple of decades.
Unknown: What was it last year?
Mayor Cline: Seventy-two cents. You pay seventy-one, we're
paying 72, and the year before and the year before--since 1969
that I can recall. That's based on 100 percent valuation.
Now that's-set by the State, not by us--it's set by the Central
Appraisal District. When .the Peveto Bill, as we call it not
too fondly, was passed by the Texas Legislature, saying all
parcels of property would be taxed the same. All taxing entities
school, county, city--would all have the same valuation.
A. J. Christ, 8814 Ashwyn: I also have some questions I'd
ice to present at this time.
1. In regards to police protection, I want to know about how
many more patrolmen are going to be put on, if any, to take care
of the annexed territory? I know that cities usually have about
all .they can take care of with what they've got. When you bring
in more territory it does tax the police. Also, I want to know
about the water and sewer rates on this, so we can know. what we
can expect in our bills there as to what we're paying at this
point in time. Also, someone had said something about street
lights are out. I wasn't aware of any street lights in this area
that had been turned out. And also, on the lighting--we haven't
been paying no lighting, and this is going to be an extra charge
from the City when they take that over, and I'm sure we will be
paying that somewhere along. the line.
Minutes Public Hearin La Porte Cit Counc•
g~ Y
December 5, 1983, Page 6
City Manager Jack Owen: As far as the police, we do have a service
plan drawn up by the Police Department personnel. We have not
ironed out exactly how many we will be asking the Council to put
on, but I would think using the ratio we have in present force, we,
would be .looking at a minimum of three additional policemen in
order to serve this area. That would be the minimum that we'd
be looking at.
Now as far as water and sewer rates, I do not know off the top of
my head the exact comparison to your present rates and the City of
La Porte rates.. The City of La Porte's are high; how much I
cannot, off the top of my head, say. You must remember you'll be
getting services here under your taxes that-you don't get at this
time. Your 71 cents here, part of that is used for your debt
retirement and things of that nature, whereas in ours it is
supported solely with water and sewer rates. It will be an ex-
change of the use of your tax fund for other services, such as
street lights, street maintenance, things of that nature. Your
street lighting, where you have a homeowners association tax, that
would be up to the homeowners association tax what they'd give
up. We would be taking over the payment of the street lights.
Tom Tarver, 8834 Oakhaven: May I ask a question? We're talking
a out street lighting and the cost of street lighting. At this
point in time, the BCIA, the Brookglen Community Improvement
Association is paid by the homeowners a fee, every year, for
such things as the maintenance of street lights, maintenance
of swi~ning pool, public areas, etc. Now if we're going to pay
additional funds to pay for the street lights and still pay the
BCIA, is that not double taxation?
Mayor Cline: First of all, who sets the rate for you to pay
the BCIA?
Mr. Tarver: The mortgage that you took out; it's built into
your deed.
Mr. Burnley: The BCIA is a public corporation under the laws
of the State of Texas; it is a maintenance tax .which was put
into the deed restrictions when the subdivision was established.
And that provides for $5.00 a month, a total of $60.00 a year
to be paid to the BCIA. And it's been that since day one and
has never gone up and never would go up.
Councilperson Longley: I live in Fairmont Park, across Underwood
there. We also .have a homeowners association which we pay $60.00
a year to. The bulk of that money goes into maintenance of the
swimming pool and improvement of the common area there. I guess
it is in a way a double tax, or an extra tax which you pay for
the benefits of living in that particular area. It has the
amenities of a swimming pool.
Mr. Tarver: What I'm saying is this--we already have these street
lights, we already have the swimming pool. I don't care about
Minutes Public Hearin La Porte Cit Counc~
g, y
December 5, 1983, Page. 7
that. We were told we would be paying an additional amount of
• money, and this is the question the homeowners are asking the
committee. We're going to pay a higher rate for sewer and
water to be able to pay for street lighting, which in fact we
already pay a maintenance tax for.
Ginger Thompson.: As far as the BCIA--I'm president. Right
now there is not enough money to pay street lights, to operate
the pool, to maintain the park, to mow the deal. The BCIA
was going to have to go before the voters this year to get that
increased, if we are not annexed; because there are not enough
funds. That's why the parks are closed this year; it's one
of the reasons. The street lights we have been told by Houston
Lighting and Power, that they will be doubled within-.the next
five years, which will more than take the $60 a year you're
paying. Then you have no swimming pool, no park, no way to
mow-the facilities. So I realize that we have to pay this $60,
but that is something that like Fairmont still pays because
they want a community facility that will be nice and can be
enjoyed. And the street lights will not prevent that.
Mr. Tarver: Then I have this question, and .it's not necessarily
addressed to them. If they take over the street lights, is that
going to provide funds to maintain the pool, etc.?
Mrs. Thompson: Yes, sir. The BCIA will go out in January
running in the black, not in the red. Next year's maintenance
fees will be clear and free to operate the pool, the park,
this sort of stuff. And if we can't do that on $20,000, we need
to close it up and call it quits.
Councilperson Matuszak: May I make a comment here? I've been a
president and about every .other function of the homeowners
association out in Fairmont Park. One of the things that people
lose contact start with the homeowners is the main purpose.
And I think-that purpose is probably to provide public services
like street lights and what have you. The real, basic need for a
homeowners assocation is the enhancement of property values.
That's the whole reason for. the association--the enforcement of the
deed restrictions that most people want in the community and want
to have enforced. What this does is keep your. property values
high. If you lose track of those deed restrictions and you don't
have the funds to fight people who violate these deed restrictions,
everything goes down hill. If you've got $60 or $80 thousand
invested in a home, that $5 a month is an awful important item
to make sure that the guy next to you, on either side of you,
across the street from. you or behind you, complies with the deed
restrictions that you probably came in here and bought with full
knowledge what you have, because it just takes one or two to let
that down and all of a sudden your $60 or $80 thousand investment
goes down every year instead of appreciating.
C
Minutes Public • rin La Porte Cit Coun
g, y
December 5, 1983, Page 8
Lorene Swearin en, 3139 Fernrock: We have already received
• some i s or 4 taxes and the '84 conventional fund. How will
these be handled? Will they be paid as normal, will they be
withheld until this has gone through?
Mayor Cline:. You're saying that you received your tax statement
from the utility district? That's for your taxes for the year
1983. They're due in January of '84. Then shortly on October 1,
or thereabouts, the City of La Porte will mail you a tax
statement from the City of La Porte which will be due until the
first of February without a penalty, and that will be the
City of La Porte tax.
Bill Stewart, 3303 Gladwyn: I think that this plan is deficient
in one way. It obviously takes into account-the only legal
entity, that is one sense, that we have here, the names of the
M.U.D. districts. But it has not taken into consideration
this .homeowners plan, which is our present subject of discussion.
So it seems to me this plan is deficient in that respect. It
should take into consideration the things that have been distressing
these gentlemen here. Among these things is this swimming pool
over here, which is specifically exempted by this plan. There
are other things of the same-type. They plan to take over the
cost of the lighting which is a function of the homeowners
association at the present time. They are going to-take over
part of it when they should take over all of it.
• City Attorney Askins: Let me explain to you why some things are
.addressed and some aren't. A homeowners association is a private
corporation. They are not governmental units. Cities in Texas
cannot spend public funds to benefit homeowners associations.
The only .exception is the City of Houston who got a bracket law
passed for cities of more than a million population that do not
have zoning ordinances to expend public funds to enforce deed
restrictions. In the eyes of the law your swimming pool is private
property-just for the benefit of those homeowners and they could
exclude anyone they want to who doesn't own a house there or their
guests.
Street lighting has been paid for by your homeowners association
because of the absence of a city government. Your water district
cannot legally pay for street lights--a water district is a very
limited special purpose district under Texas law. The street
lights are on public right of way and when you are annexed that
right of way becomes the property of the City of La Porte and the
city government has the legal right to spend City tax dollars
to provide street lighting.
Mr. Christ: On deed restrictions and zoning and such as this.
When La Porte takes over, they will have their restrictions
and enforce them or is there going to be a conflict of interest
there?
• Mayor Cline: I don't see where you're going to have any conflict
of interest, really. La Porte has zoning, .building codes.
Minutes, Pu
December 5,
When we
• we have
to have
~lic Baring, La Porte City Counc~
1983, Page 9
pass an ordinance it's making a law. For instance,
a weed and health ordinance and can require an owner
them mowed.
Mr. Askins then explained the difference between deed restrictions
and a zoning ordinance.
Charles Riedel, 3546 Lazy Brook: We have deed restrictions, but
no homeowners association. I'm interested in having zoning,
or something.
Mayor Cline: You will have zoning when you're a part of
La Porte, believe me.
Eddie Craddock, .8207 Beech Haven: You mentioned something earlier
a out ire protection. What is the completion date on that?
City Manager Jack Owen: It will depend upon funding. We'll be
addressing this in the very near future.
Mr. Tarver: If the homeowners in this. do not want annexation
to happen, do they have any recourse? Is there a way they
can stop it?
Mayor Cline: Not really. I'll let Mr. Askins address that
legally.
• City Attorney Askins: The Legislature has said, because so many
annexations today are water districts--that's the way areas are
developed in Texas is through water districts and when they get
on their feet and get populated they become part of cities.
There is no election or petition or referendum or anything.
I would assume if our City Council had public hearings as the
Legislature requires and the feeling was negative enough,
they'd drop it.
Mr. Trahan: I still haven't heard any response to why both
hearings were held tonight. There have been several residents
who work shift work and both the hearings being scheduled an
hour and a half apart, they couldn't come.
Councilperson Skelton: To start with, the meeting in La Porte
was for people in La Porte proper to come and object to us taking
these areas in, or to come and tell us they'd like to have these
areas taken in. And the one out here is for people who live out
here to object or to be in favor of this. It was a matter of
convenience for this Council since we have so many meetings
and we have to be here anyway, to meet out here and also meet
our schedule we have to make by December 28 in order to have
this year.
Mayor Cline: We were required to have one in La Porte and one
• out here.
-_~--
Minutes, Public Hearin La Porte City Coun~
g
December 5, 1983, Page 10
Mr. Trahan: What is the time frame for getting utility services
• to commercial buildings out here?
Mayor Cline: The only thing I can advise you on if they have been
denied services in the past, when the annexation passes the.
public works department will take a look at it and I'm sure
try to provide the service if at all possible. We'd have to
look at why they were denied. is it because they had to put in
their own line or something like that? In that case we'd have
to take a look at it.
Unknown: Why is La Porte going to annex us in the first place?
Councilperson Westergren: Let me ask you a question. If you've
lived in this area for any number of years you certainly have
noticed the growth continuing to happen in our area. Between
College View and the City of La Porte there is a large
undeveloped area that is under no zoning whatever. Anyone who
wished to put anything there could get water and sewer permits
and put anything they chose to do. In the interest of
protecting not only us but also you, it is vitally important
to have control over what is happening around you and you don't
at this time. If a person wanted to build an industrial plant
between you and us they could do that without annexation. That's
one of the major reasons.
• Comments were then made on the pros and cons of annexation from
the audience and Council.
Mr. Christ: If ya'll annex us, then an industrial district
can't come in between you and us?
Councilperson Westergren: Everything coming in will be zoned
residential. This can be changed, but the likelihood of it is
highly doubtful.
Councilperson Skelton: And if it's changed there will be a public
hearing; you'll have input on it; the Planning and Zoning
Commission, etc.
Questions were asked about permits, etc., when building or re-
pairing homes. Mayor Cline explained the function of the Code
Enforcement Division and the advantages of having their services.
Councilperson Skelton: Mayor, I'd like for Mr. Malone to repeat
what he said in regard to Lomax joining the City of La Porte,
because I had never heard his real feelings before..
Councilperson Malone: We went through the same thing you're
going through now when Lomax joined La Porte. We selected a
committee and our committee met with the City Council. It was a
consolidation. there, not an annexation, which was a little
difference.. The best thing that ever happened to Lomax was to
consolidate. We got some streets paved, some ditches cleaned
out and mowed, we've got good garbage pickup and we've got good
water. We don't have the problems we used to have and I think
it was one of the best moves Lomax ever made.
•
Minutes, Public Hearing, La Porte City Coun~
December 5, 1983, Page 11
• Mr. Tarver: At this time part of our water comes from Pasadena.
What plans if any after annexation are there to use the water?
Mayor Cline: We are aware of .the contract the Board has with
Pasadena, and Mr. Askins has advised that we will have to honor
that contract. But if you're not aware, the City of La Porte
has created the La Porte Water Authority. We are very soon going
to have to go to surface water. If we don't we are going to
contribute to subsidence in this area and we certainly don't want
to do that.
Right now you will come to La Porte with what you are using with
your well water and probably continue to take some from Pasadena.
Then eventually, I hope, be on the La Porte water system.
John Keller: As far as College View goes, we have everything
to g~.in and nothing to lose, because we don't have any deed
restrictions. We don't have any lights over there, so I think
everyone in College View should be in favor of this. When is
the effective date of the annexation.
City Attorney Askins: The final ordinance is on the agenda for
December 28. If it is passed, the effective date is immediately.
For voting purposes only the Justice Department has to approve
it and we anticipate that approval around the first of March.
• There being no further questions, Mayor Cline declared the public
hearing closed at 10:00 p.m.
Respectfully Submitted,
(~~~,
Cherie Black
City Secretary
Passed & Approved this the
28t day of December, 1983
Vir nia Cline, Mayor
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• •
ORDINANCE N0. 1392
AN ORDINANCE EXTENDING THE CORPORATE LIMITS OF THE CITY OF LA PORTE,
TEXAS, TO EMBRACE AND INCLUDE TERRITORY WITHIN CERTAIN BOUNDARIES
COMPRISING THE SPENWICR PLACE MUNICIPAL UTILITY DISTRICT; THE COLLEGE
VIEW MUNICIPAL UTILITY DISTRICT; AND THE ACREAGE LYING BETWEEN SAID
UTILITY DISTRICTS; ANNEXING TO THE CITY OF LA PORTE, TEXAS, TERRITORY
WITHIN SUCH BOUNDARIES; APPROVING A SERVICE PLAN FOR SUCH TERRITORY;
MAKING FINDINGS AND OTHER PROVISIONS RELATED TO THE SUBJECT; AND
PROVIDING SAVING AND SEVERABILITY CLAUSES.
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 the City. This annexation proceeding is
conducted pursuant to the authority granted by said Home Rule Charter;
by Article 1175, Revised Civil Statutes; and by Article 970a, Revised
Civil Statutes.
Section 2. The City Council of the City of La Porte hereby
finds, determines and declares that the hereinafter described terri-
tory is adjacent and contiguous to the present City limits of the
City of La Porte, and lies within the exclusive extraterritorial
jurisdiction of the City of La Porte, and that the annexation of
said territory 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 3. The City Council of the City of La Porte has hereto-
fore, on October 19, 1983, passed and approved Ordinance No. 1385,
declaring its intention to institute proceedings to annex the herein-
after described territory. A public hearing was called, and was held
on November 9, 1983, at which public hearing all interested parties
were `given an opportunity to be heard. Notice of such public hearing
was given by publication of Ordinance No. 1385 in the Bayshore Sun
on October 26, 1983, said newspaper having general circulation in
the City of La Porte and in the territory proposed to be annexed.
Additional notice by certified mail was given to railroad companies
,,
Ordinance No. 1392
Page 2
:: ~.~
then serving the City and on the City's tax roll where the right-
of-way thereof was included in the territory to be annexed. Such
notices and such hearing were all in conformity with the Municipal
Annexation Act of 1963, Article 970a, Vernon's Annotated Texas
Statutes, as amended. At such public hearing, the service plan
was made available for inspection and explained to the inhabitants
of the area to be annexed.
Section 4. The City Council of the City of La Porte hereby
institutes annexation proceedings as to the following described ter-
ritory, 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 follow-
ing described territory within the City Limits of the City of La
Porte, and the same shall hereafter be included within the terri-
torial limits of the City of La Porte, and the inhabitants thereof
shall hereafter 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 of the City of La
Porte.
Section 5. Subject to all sections of this ordinance, the cor-
porate 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 "Exhibit B", which exhibit is attached hereto, incorpor-
ated herein by this reference and made a part hereof for all pur-
poses, and such territory is hereby annexed to and made a part of
the City of La Porte, Texas, for general purposes.
Section 6. A service plan for the territory within the boun-
daries set out in "Exhibit B" is hereby approved as part of this
ordinance. Such service plan is set out in "Exhibit A", which is
attached hereto, incorporated herein by this reference and made a
part hereof for all purposes.
Ordinance No. 1392
Page 3
Section 7. 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 terri-
tort' 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 hearing and
giving notice relative to the institution of any annexation pro-
ceedings. The procedure initiated hereby and the annexation pro-
ceedings instituted hereunder shall be independent of any other
proposed and pending annexation of such territory, and such other
proceedings shall not be affected hereby.
Section 8. It is the intention of the 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 9. The City Council officially finds, determines,
recites and declares that a sufficient written notice of the date,
:~
•
Ordinance No. 1392
Page 4
hour, place and subject of each meeting of the City Council at
which this ordinance has been discussed, considered and formally
acted upon was posted at a place convenient to the public at the
City Hall of the City for the time required by law preceding each
such meeting, as required by the Open Meetings Law, Article 6252-17,
Vernon's Annotated Texas Statutes, and that each such meeting has
been open to the public as required by law at all times during which
this ordinance or the subject matter thereof has been discussed,
considered and formally acted upon. The City Council further rati-
fies, approves and confirms such written notices and the contents
and posting thereof .
Section 10. Should any section of part of this ordinance be
held unconstitutional, illegal or invalid, or the application thereof
ineffective or inapplicable as to any territory, such unconstitu-
tionality, illegality, invalidity, or ineffectiveness of .such section
or part shall in no wise affect, impair or invalidate the remaining
portion or portions, the same shall be and remain in full force
and effect; and should this ordinance for any reason be ineffective
as to any part of the territory hereby annexed to the City of La
Porte, such ineffectiveness of this ordinance as to any such part
or parts of any such territory shall not affect the effectiveness
of this ordinance as to all of the 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 of the territory described in
"Exhibit B" of this ordinance, regardless of whether any other
part of such described territory is hereby effectively annexed to
the City. Provided, further, that if there is included in the
description of the territory set out in "Exhibit B" of this ordi-
nance to be hereby annexed to the City of La Porte, any lands or
area which are presently part of and included within the general
Ordinance No. 1392
Page 5
limits of the City of 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 comprising the Spenwick Place
Municipal Utility District and the College View Municipal Utility
District, together with the acreage lying between said Districts.
Section 11. This ordinance shall take effect immediately
upon its final passage.
PASSED AND APPROVED, this the 14th day of December, 1983.
CITY OF LA PORTE
By•
•Virginia C ine, Mayor
ATTEST:
City Secretary
APPROVED:
• •
EXHIBIT "A"
SERVICE PLAN
FOR
A TRACT OF LAND COMPRISING
THE SPENWICR PLACE MUNICIPAL UTILITY DISTRICT;
THE COLLEGE VIEW MUNICIPAL UTILITY DISTRICT;
AND THE ACREAGE LYING BETWEEN SAID UTILITY DISTRICTS;
I. INTRODUCTION
This Service Plan ("Plan") is made by the City of La Porte,
Texas ("City") pursuant to Section 10 of the Municipal Annexation Act
art. 970a, V.A.T.S., (Vernon's Supp. 1982) (the "Act"). This Plan
relates to the annexation by the City of a tract of land ("Tract") com-
prising the Spenwick Place Municipal Utility District; the College
View Municipal Utility District; and the acreage lying between said
utility districts. The Tract is described by metes and bounds in
"Exhibit B" which is attached to this Plan and to the annexation
ordinance of which this Plan is a part.
II. TERM; EFFECTIVE DATE
This Plan s all a 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 option 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 eneral. This Plan includes two service programs:
(i) the Early Action Program, described below, and (ii) a Capital
Improvement Program, described below.
B. Scope and Quali~of Services. Services under this Plan
shall equal or exceed t e num er o 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 pro-
vided 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.
~: As used in this Plan, providing services in-
cludes having services provided by any method 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 "standard pol-
icies 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.
~: Statutory Services. The statutory services will
be provided within the Tract wit in sixty days after the effective
date of this Plan, except as otherwise indicated. The statutory
services are as follows:
•
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 col-
lection services will be provided by City forces. Non-residential
service and future residential service will be governed by standard
policies and procedures.
d. Maintenance of Water and Wastewater Faci-
lities. Those water and wastewater facilities included in the
Capital Improvement Program, below, will be maintained by an appro-
priate division of the Department of Public Works or, for a limited
period of time, by a conservation and reclamation district which is
to be dissolved. Should any extensions of such facilities be made
within the Tract, normal maintenance services will be provided.
e. Maintenance of Roads and Streets (includ-
ing lighting). The Department of Public Works. will provide mainte-
nance of roads and streets over which the City will have jurisdic-
tion. (See Capital Improvement Program, below). The City of La
Porte will provide services relating to traffic control devices for
such roads and streets, and will provide street lighting for such
roads and streets through the Houston Lighting and Power Company or
by other means.
f. Maintenance of Parks, Playgrounds and
Swimming Pools. As indicated by the Capital Improvement Program, it
is not necessary to acquire or construct such facilities in the Tract,
so there are none 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. Those drainage facilities included in
the Capital Improvement Program, below, will be maintained by the
Department of Public Works, as needed. 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 addi-
tion to the statutory services, wi a 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 stan-
dard policies and procedures.
c. Emergency Rescue and Ambulance Services
by the City's contract or, La Porte Area Emergency Corps, in accor-
dance with standard policies and procedures.
E. Capital Improvement Program, The City will initiate
the construction or acquisition o capital improvements necessary
for providing municipal services for the Tract. Those improvements
which are necessary are indicated below, and any necessary construc-
tion or acquisition shall begin within two and one-half 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. Addi-
tional 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-
• •
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. Water and Wastewater Facilities. Those water
and wastewater facilities (including any under construction) owned by
Spenwick Place Municipal Utility District and College View Municipal
Utility District will be acquired by the City. Future extensions of
public water or wastewater facilities will be governed by standard
policies and procedures, and the Tract will be included with other
territory in connection with planning for new, revised or expanded
public water and wastewater facilities. With respect to utility
district facilities and utility district bond funds to be acquired,
the City will:
a. assume all reasonable commitments and
contracts made by the districts in the ordinary course of business
prior to the dissolution of the districts, conditioned upon suffi-
cient capacity having been provided for by the districts;
b. assist the districts with bond approval
and sale for planned capital improvements which are in keeping with
the City's practices and are beneficial in integrating the area into
the City's water and wastewater systems;
c. expedite the approval of plans and bond
applications in order to meet the time constraints imposed by annex-
ation and the dissolution of the districts;
d. allow the districts' residents and pro-
perty owners, who have or would have contributed to the retirement
of district bonds prior to annexation, a reasonable opportunity to
obtain the use of utility capacity if the districts' bond funds have
been used to pay for such capacity; and
e. expend unobligated proceeds of the dis-
tricts' bonds for projects which are consistent with the purposes for
which the proceeds may be lawfully used, which may include providing
water, wastewater or drainage services for residents and properties
within the boundaries of the annexed districts, such projects to be
undertaken in a timely manner.
5. Roads and Streets (including lighting). In
general, the City will acquire dominion, control, and jurisdiction
in, over and under public roads and streets within the Tract upon
annexation, pursuant to art. 1175, V.A.T.S., and similar provisions,
subject to the jurisdictions of other governmental entities. Addi-
tional 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
-3-
r •
services, and the additional services described above, can be pro-
vided for the Tract by using existing capital improvements. However,
those drainage facilities (including any under construction) owned
by Spenwick Place Municipal Utility District and College View Muni-
cipal Utility District will be acquired by the City. 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 Act 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 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 inter-
preted in accordance with, the Act, 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
S ou a orce majeure interrupt the services described here-
in, the City shall resume services under this Plan within a reason-
able time after the cessation of the force majeure. "Force majeure",
for the purposes of this Plan, shall include, but not be limited to,
acts of God, acts of the public enemy, war, blockades, insurrection,
riots, epidemics, landslides, lightning, earthquakes, fires, storms,
floods, washouts, droughts, tornadoes, hurricanes, arrests and
restraints of government, explosions, collisions and any other in-
ability of the City, whether similar to those enumerated or other-
wise, 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 supersedes all other negotiations, repre-
sentations, plans and agreements, whether written or oral.
-4-
~ •
EXHIBIT "B"
Boundaries of a tract of land comprising the Spenwick Place
Municipal Utility District; the College View Municipal Utility
District; the acreage lying between said districts; and portions
of the rights-of-way of Fairmont Parkway and Spencer Highway;
all in Harris County, Texas.
BEGINNING at the point in the present city limit line of
the City of La Porte, said point being the intersection of the
Easterly right-of-way line of Underwood Road and the Northerly
right-of-way line of Spencer Highway, also known as West Main
Street, in the City of La Porte;
THENCE, Westerly along the said Northerly right-of-way line
of Spencer Highway, also known as West Main Street, to its
point of intersection with the Westerly right-of-way line of
Underwood Road;
THENCE, continuing in a Westerly direction along the Northerly
right-of-way of said Spencer Highway, also known as West Main
Street, to a point which is the Northerly extension of the
Easterly property line of the 141 acre San Jacinto College
tract;
THENCE, Southerly along the said Northerly extension and the
Easterly property line of the said 141 acre San Jacinto College
tract, and its Southerly extension, to its point of intersection
with the Southerly right-of-way line of Fairmont Parkway;
THENCE, Easterly along the Southerly right-of-way line of
said Fairmont Parkway, following its curves, to its point of
intersection with the Easterly right-of-way line of Underwood
Road;
THENCE, Northerly along the. said Easterly right-of-way line
of Underwood Road, to the point of beginning.
t
•
~'` • •
[The Following is Exhibit A]
SERVICE PLAN
FOR
A TRACT OF LAND COMPRISING
THE SPEN6~ICK PLACE MUNICIPAL UTILITY DISTRICT;
THE COLLEGE VIE6a MUNICIPAL UTILITY DISTRICT;
AND THE ACREAGE LYING BET~•7EEN-SAID UTILITY DISTRICTS;
•
n
U
I. INTRODUCTION
This Service Plan ("Plan") is made by the City of La Porte,
Texas ("City") pursuant to Section 10 of the Municipal Annexation Act
art. 970a, V.A.T.S., (Vernon's Supp. 1982) (the "Act"). This Plan
relates to the annexation by the City of a tract of land ("Tract") com-
prising the Spenwick Place Municipal Utility District; the College View
Municipal Utility District; and the acreage lying between said utility
districts. The Tract is described by metes and bounds in "Exhibit B"
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 option 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 twa 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 service s
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 pro-
vided 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. ~efiniti®ns.
1. As used in this Plan, providing services in-
cludes having services ~r®vieled by any meths~i 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 "standard pol-
icies 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.
~. 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: -
a. Police Protection. The Police Departure nt
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.
r• •
0
•
•
b. Fire Protection. The Hire Department of .-
the City will provide fire protection in the Tract.
c. Solid Waste Collection. Residential col-
lection services will be provided by City forces. Non-residential
service and future residential service will be governed by standard
policies and procedures.
d. Maintenance of Water and Wastewater Faci-
lities. Those water and wastewater facilities included in the.
Capital Improvement Program, below, will be maintained by an appro-
. priate division of the Department. of Public Works or, for a limited
period of time, by a conservation and reclamation district which is
to be dissolved. Should any extensions of such facilities be made
within the Tract, normal maintenance services will be provided.
e. Maintenance of Roads and Streets (includ-
ing lighting). The Department of Public Works will provide mainte-
nance of roads and streets over which the City will have jurisdic-
tion. (See Capital Improvement Program, below). The City of La
Porte will provide. services relating to traffic control devices for
such roads and streets, and will provide street lighting for such
roads and streets through the Houston Lighting and Power Company or
by other means.
• f. Maintenance of Parks, Playgrounds and
Swimming Pools. As indicated by the Capital Improvement Program, it
is not necessary to acquire or construct such facilities in the Tract,
so there are none. 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. Those drainage facilities included in
thtie Capital Improvement Program, below, will be maintained by the
Department of Public Works, as needed. 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 addi-
tion to the statutory services, will be provided within the Tract to
the same extent they are provided to---s-~nilar territories elsewhere
in the City. 'These are as foi~l~ows: ~~~~~-
a. Libr~,/services from existiny facilities
and future facilities outsi tie Tract.
b. Health Services in accordance with stan-
dard policies and procedures.
c. Emergency Rescue and Ambulance Services
by the City's contract or, La Porte Area Emergency Corps, in accor-
dance with standard policies and procedures.
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 construc-
tion or acquisition shall begin within two and one-half 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. Addi-
tional 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 existiny 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.
•
-2-
~~ •
•
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. Water and Wastewater Facilities. Those water
.and wastewater facilities (including any under construction) owned by
Spenwick Place Municipal Utility District and College View Municipal
Utility District will be acquired by the City. Future extensions of
public water or wastewater facilities will be governed by standard
policies and procedures, and the Tract will be included with other
territory in connection with planning for new, revised or expanded
public water and wastewater facilities. .With. respect to utility
district facilities and utility district bond funds to be acquired,
the City will:
a. assume all reasonable commitments and
contracts made by the districts in the ordinary course of business
prior to the dissolution of the districts, conditioned upon suffi-
cient capacity having been provided for by the districts;
b. assist the districts with bond approval
and sale for planned capital improvements which are in keeping with
• the City's practices and are beneficial in integrating the area into
the City's water and wastewater systems;
c. expedite the approval of plans and bond
applications in order to meet the time constraints imposed by annex-
ation and the dissolution of the districts;
d. allow the districts' residents and pro-
perty owners, who have or would have contributed to the retirement
of district bonds prior to annexation, a reasonable opportunity to
obtain the use of utility capacity if the districts' bond funds have
been used to pay for such capacity; and
e. expend unobligated proceeds of the dis-
tricts' bonds for projects which are consistent with the purposes for -_
which the proceeds may be lawfully used, which may include providing
water, wastewater or drainage services for residents and properties
within the boundaries of the annexed districts, such projects to be
undertaken in a timely manner.
'S. Roads and Streets (including lighting). In
general, the City will acquire dominion, control, and jurisdiction
in, ove r and under public roads and streets within the Tract upon
annexation, pursuant to art. 1175, V.A.T.S., and similar provisions,
subject to the jurisdictions of other governmental entities. Addi-
tional 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 Uwned Facilities, Buildings or
Services; Additional Services. In general, other City functions and
services, and the additional services described above, can be pro-
vided for the Tract by using existing capital improvements. However,
those drainage facilities (including any under construction) o:aned
by Spenwick Place Municipal Utility District and College View Muni-
cipal Utility District will be acquired by the City. Additional
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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.
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IV. AMENDMENT; GOVERNING LAW
This Plan may not be amended
by the Act or other controlling law,
or means of implementing any part of
in the responsibilities of the varic
constitute amendments to this Plan,
to make such changes. This Plan is
preted in accordance with, the Act,
or repealed except as provided
Neither changes in the methods
the service programs nor changes
us departments of the City shall
and the City reserves the right
subject to, and shall be inter-
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 here-
in, the City shall resume services under this Plan within a reason-
able time after the cessation of the force majeure. "Force majeure",
for the purposes of this Plan, shall include, but not be limited to,
acts of God, acts of the public enemy, war, blockades, insurrection,
riots, epidemics, landslides, lightning, earthquakes,. fires, storms,
floods, washouts, droughts, tornadoes, hurricanes, arrests and
restraints of government, explosions, collisions and any other in-
ability of the City, whether similar to those enumerated or other-
wise, 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 supersedes all other negotiations, repre- -
sentations, plans and agreements, whether written or oral.
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