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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 ~. ~o ~~ e ~ ~te~,~ 1~'~U ~~s~th w,~~k ~IlIU m~~L4 ~eo.rr5 /a- e--s 3 ~"30/'4 ~~ _ ~ ~ ., ~,~~ (~. ~ ~< ~ ,., 5 i~, • ~~ ~~ , ~~ l~ ~~' /6~~ f~ l~ ~y, .~ ~~ I,.~ Rc~~..> CQ~~~~ ~ C,~ s~noc~ ~ ~, ~ °~ c~~.~~~. ~c~~ C~ ~ ~ ~ ~ E ~~ _ . ~~ ~" I ,~ ~~' ,. • • 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 • -3- ..; • ~. - 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 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. C~ • -~}-