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HomeMy WebLinkAbout1984-11-26 Public Hearing • • MINUTES • OF THE PUBLIC HEARING BY LA PORTE CITY COUNCIL NOVEMBER 26, 1984 1. The public hearing regarding annexation of certain territory situated north of Fairmont Parkway and west of the Southern Pacific railroad tracks was called to order at 6:00 P.M. by Mayor Cline. Membe s o City Council Present: Mayor Virginia Cline, Councilpersons Paula Bridges, Ed Matuszak, Deotis Gay, Linda Westergren, Norman Malone Members of Citv Council Absent: Councilpersons Betty Waters, Lindsay Pfeiffer, B. Don Skelton Members of City Staff Present: City Manager Jack Owen, City Attorney Knox Askins, City Secretary Cherie Black, Director of • Administrative Services Bob Herrera, Director of Community Development John Joerns, Purchasing Agent Jackson Ray Others Preset: Mr. Palmer Derby; Mrs. Vivian Covington; Mr. Charlie Hudgins and Mr. Pete Dudley, Bayshore Sun; 22 citizens City Attorney Knox Askins reviewed the boundaries of the area of intended annexation, explaining also that the area is uninhabited by residents and by deed restriction is limited to industrial uses. The service plan is therefore not as stringent as one that would be used for an inhabited area. A copy of the servicce plan as presented is attached to these minutes. Mayor Cline asked if there was anyone present who wished to speak in favor of the annexation. There was no response. Mayor Cline asked if there was anyone present who wished to speak in opposition to the annexation. There was no response. • • • • Minutes, Public Hearing, La Porte City Council November 26, 1984, Page 2 Mayor Cline declared the public hearing closed at 6:03 P.M. Respectfully submitted: r Cherie Black City Secretary Passed & Approved this the 19th Ia_y%of December, 1984 ~~ dC~ V'rginia Cline, Mayor r. • ~ ~ ~ • EXHIBIT "A" • SERVICE PLAN FOR A TRACT OF LAND SITUATED NORTH OF FAIRMONT PARKWAY, AND WEST OF THE SOUTHERN PACIFIC RAILROAD TRACKS. 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") located North of Fairmont Parkway and West of the Southern Pacific railroad tracks. 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 two 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 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 provided to all areas of the City (including the Tract) where differing characteristics of topography, land utilization and popula- tion density are considered as sufficient basis for providing differing service levels. C. Definitions. • 1. 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 enti- - ties and other public service organizations to provide such services, in whole or in part. 2. As used in this Plan, the phrase "standard poli- cies 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. 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 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 appropriate 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 maintenance of roads and streets over which the City will have jurisdiction. (See Capital Improvement Program, below). The City of La Porte will pro- vide 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, will be 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. -2- • • • h. Health Services in accordance with stan- dard policies and procedures. c. Emergency Rescue and Ambulance Services, in accordance 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 construction 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 existing capital improvements. Additional capital improvements are not necessary at this time to provide fire protection to the Tract. However, the Tract will he 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 Farly Action Program. However, the Tract will be included with other territory in connection with planning for new, revised or expanded solid waste facilities. 4. [plater and Wastewater Facilities. Future exten- sions of public water or wastewater facilities will be governed by standard policies and procedures, and the Tract will he included with other territory in connection with planning for new, revised or expanded public water and wastewater facilities. 5. Roads and Streets (including lighting). In general, the City will acquire dominion, control, and juris~3iction 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 ar_e 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. ~J -3- • • • 7. Other Publicly Owned Facilities, T3uildings 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. 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 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. • • -4-