HomeMy WebLinkAboutOrd 2026-5031_approves a boundary adjustment agreement with City of La Porte and Morgan's PointORDINANCE NO. 2026-5031
AN ORDINANCE OF THE CITY OF LA PORTE, TEXAS, APPROVING A BOUNDARY
ADJUSTMENT AGREEMENT BETWEEN THE CITY OF LA PORTE, TEXAS, AND
THE CITY OF MORGAN'S POINT, TEXAS; CONTAINING A REPEALING AND
SEVERABILITY CLAUSE; PROVIDING COMPLIANCE WITH THE OPEN
MEETINGS ACT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of La Porte and the City of Morgan's Point desire to enter into a Boundary
Adjustment Agreement to make mutually agreeable changes in their boundaries; and
WHEREAS, pursuant to Section 43.015 of the Texas Local Government Code adjacent
municipalities may make mutually agreeable changes in their boundaries of areas that are less than
1,000 feet in width; and
WHEREAS, representatives of La Porte and Morgan's Point have met and proposed a mutually
acceptable boundary which is in the best interest of the citizens of each City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
LA PORTE, TEXAS:
Section 1. That the facts and recitations set forth in the preamble of this ordinance are true and
correct.
Section 2. That the Boundary Adjustment Agreement between the City of La Porte, Texas, and
the City of Morgan's Point, Texas, a true copy of which is attached hereto as Exhibit A and made
a part hereof for all purposes, is hereby approved and the City Manager is authorized to sign said
Boundary Adjustment Agreement on behalf of the City of La Porte, Texas, and is directed to take
those steps necessary to implement the terms and conditions of same.
Section 3: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are
hereby repealed; provided, however, that such repeal shall be only to the extent of such
inconsistency and in all other respects this ordinance shall be cumulative of other ordinances
regulating and governing the subject matter covered by this ordinance.
Section 4: Should any section or part of this ordinance be held unconstitutional, illegal, or invalid,
or the application to any person or circumstance for any reasons thereof ineffective or inapplicable,
such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall in no
way affect, impair or invalidate the remaining portions thereof; but as to such remaining portion
or portions, the same shall be and remain in full force and effect and to this end the provisions of
this ordinance are declared to be severable.
Section 5. The City Council officially finds, determines, recites and declares that a sufficient
written notice of the date, hour, place and subject of this meeting of the City Council is posted at
a place convenient to the public at the City Hall of the city for the time required by law preceding
this meeting, as required by Chapter 551, Tx. Gov't Code; and that this meeting has been open to
the public as required by law at all times during which this ordinance and the subject matter thereof
have been discussed, considered and formally acted upon. The City Council further ratifies,
approves and confirms such written notice and the contents and posting thereof.
Section 6: This Ordinance shall be effective after its passage and approval.
PASSED AND APPROVED by the City Council of the City of La Porte, Texas, this 9th day of
February 2026.
EST:
Woodward, City
i
APPROVED AS TO FORM:
Clark T. Askins, City Attorney
CITY OF LA PO
Rick Helton, M
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EXHIBIT A
STATE OF TEXAS
COUNTY OF HARRIS
BOUNDARY ADJUSTMENT AGREEMENT
BY AND BETWEEN THE MUNICIPALITIES
OF LA PORTE, TEXAS AND MORGAN'S
POINT, TEXAS
WHEREAS, the City of La Porte, Texas ("La Porte") is a home -rule municipality located
in Harris County, Texas; and
WHEREAS, the City of Morgan's Point, Texas ("Morgan's Point") is a Type A general -
law city located in Harris County, Texas; and
WHEREAS, both La Porte and Morgan's Point are empowered to enter into agreements
concerning their respective corporate limit boundaries by, but not necessarily limited to, the
authority granted them pursuant to Chapter 791 of the Texas Government Code ("Interlocal
Cooperation Act") and Chapter 43 of the Texas Local Government Code, to enter into agreements
with one another to perform governmental functions such as the determination of extraterritorial
jurisdiction ("ETJ") boundaries and corporate limit boundaries; and
WHEREAS, La Porte and Morgan's Point are empowered pursuant to Section 43.015 of the
Texas Local Government Code as adjacent municipalities to make mutually agreeable changes in the
their boundaries of areas that are less than 1,000 feet in width; and
WHEREAS, La Porte and Morgan's Point agree that they share a common boundary along
the eastern edge of the Donaldson Ave right-of-way, with the said Donaldson Ave. right-of-way
being located entirely within the corporate limits of La Porte; and
WHEREAS Morgan's Point is constructing an expansion to a city park, Grimes Park,
which will be partially located in the corporate limits of La Porte, including portions of the existing
Donaldson Ave. right-of-way; and
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WHEREAS, La Porte and Morgan's Point agree that retaining a common boundary on the
eastern edge of the Donaldson Ave. right-of-way would not provide Morgan's Point with efficient
use and development of its proposed Grimes Park expansion, nor provide any continuing public
benefit to the citizens of La Porte; and
WHEREAS, La Porte and Morgan's Point desire to modify their mutual boundary to cause
a portion of the Donaldson Ave. right-of-way to be included within the corporate limits of Morgan's
Point, which such portion of the Donaldson Ave. right-of-way to be transferred to Morgan's Point
being hereinafter referred to in this Boundary Adjustment Agreement as "Tract"; and
WHEREAS, a legal description and depiction of the Tract is attached hereto as Exhibit A,
and is incorporated herein for all purposes, and is made the subject of this Boundary Adjustment
Agreement by and between La Porte and Morgan's Point (hereinafter referred to as the
"Agreement"); and
WHEREAS, La Porte and Morgan's Point also agree that it is in the best interest of both
communities to transfer the Tract as described in this Agreement in order to square up boundary
lines and promote orderly development and delivery of municipal services within the Tract and the
immediately surrounding area; and
WHEREAS, La Porte and Morgan's Point wish to avail themselves of the rights and
privileges afforded by the Interlocal Cooperation Act and other applicable state laws, including but
not limited to Section 43.015 of the Texas Local Government Code, and both have determined that
this Agreement is in each party's best interests, as well as in the best interests of their respective
citizens.
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WITNESSETH:
NOW, THEREFORE, for and in consideration of the mutual promises and covenants herein
made and the benefits to each party resulting here from, and the recitals set forth above which are
made contractual provisions of this Agreement, La Porte and Morgan's Point do hereby contract,
covenant and agree as follows with respect to the Tract as described and depicted in Exhibit A:
1. Through this Agreement, La Porte and Morgan's Point agree that the Tract is located within
La Porte's corporate limits and is less than 1,000 feet in width, and shall be placed into the
corporate limits of Morgan's Point as a mutual boundary adjustment as of the effective date
of the Agreement without any further action needed by either municipality, and La Porte,
through this Agreement, hereby releases, relinquishes and discontinues any claim or
entitlement to the Tract as being within La Porte's corporate limits or ETJ, and fully consents
to the addition of the Tract into the corporate limits of Morgan's Point.
2. La Porte and Morgan's Point understand that the property described as the Tract in Exhibit A
will become part of Morgan's Point and will be included in the corporate limits of Morgan's
Point upon the effective date of this Agreement without further action of either municipality.
Upon the effective date of this Agreement, Morgan's Point shall begin implementing in the
Tract the service plan attached hereto as Exhibit B and incorporated herein for all purposes.
Morgan's Point agrees that La Porte shall have no obligations to provide municipal services to
or otherwise exert jurisdiction over the Tract as of the effective date of this Agreement.
3. La Porte hereby waives all of its extraterritorial jurisdiction, if any, in the properties
comprising the Tract. It is expressly agreed and understood that this waiver shall operate only
in favor of the parties to this Agreement and shall not constitute a waiver of any right,
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including extraterritorial jurisdiction rights, which either party may be able to assert against
any other municipality. La Porte and Morgan's Point agree that nothing in this Agreement
releases, relinquishes, diminishes, waives or lessens in any way the rights that either party may
have at law or in equity, to challenge or contest any other annexations, attempted annexations
or extraterritorial jurisdiction claims made by the other party.
4. The effective date of this Agreement shall be the date that the last party to the Agreement
has executed this Agreement.
5. The persons signing this Agreement on behalf of the municipalities have been duly authorized
and empowered to do so by a vote of their respective governing bodies and the passage of an
appropriate adopting resolution or ordinance. The adoption of any such resolution or ordinance
or the performance of any other action hereunder shall be contingent, and neither shall be
deemed effective nor enforceable by one of the parties against the other, unless and until such
time as both parties have adopted such a resolution or ordinance or taken such other necessary
acts as mirror the other's acts.
6. In case any one or more provisions of this Agreement is held invalid, illegal or unenforceable
in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision
hereof, and it is the intention of the parties that in lieu of each provision that is found to be
illegal, invalid or unenforceable, a provision be added to this Agreement which is legal, valid
and enforceable and is as similar in terms as possible to the provision found to be illegal,
invalid or unenforceable.
7. This Agreement contains the entire agreement of La Porte and Morgan's Point with respect to
the subject matter of the Agreement. No agreement, statement, or promise made by either of
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the parties to any party or to any employee, agent, or officer of one of the parties that is not
contained in this Agreement shall be valid, binding, or of any force or effect. Any amendments
to this Agreement must be in writing and signed by the parties to be enforceable.
8. This Agreement shall be governed by, construed and enforced under the laws of the State of
Texas.
9. This Agreement is drafted for the benefit of the parties and does not and shall not confer or
extend any benefit or privilege to any third party.
EXECUTED this the
ST:
41FA
- Woodward, C
day of rtbal-n
CITY OF LA PORT
OF LA.P...... 1 Rick Helton, Mayor
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APPROVED AS TO FORD•\\. v
Clark Askins, City Attorney
STATE OF TEXAS
COUNTY OF HARRIS
, 202
This instrument was acknowledged before me on thei_ day of
Rick Helton, Mayor of the City of La Porte, Texas, on ;ehalf of .. unicipality.
1
tary Public,
5
2026, by
EXECUTED this the day of , 2026.
CITY OF MORGAN'S POINT, TEXAS
Tim C. Harris, Mayor
ATTEST:
Megan Mayes, City Secretary
APPROVED AS TO FORM:
Tim Kirwin, City Attorney
STATE OF TEXAS
COUNTY OF HARRIS
This instrument was acknowledged before me on the day of 2026, by
, Mayor of the City of Morgan's Point, Texas, on behalf of said municipality.
Notary Public, State of Texas
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Exhibit A
Legal Description and Depiction of Tract
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DONALDSON AVENUE JANUARY 9, 2026
0.8082 ACRES/OF ONE ACRE JOB NO. 25-109-1
DESCRIPTION OF A DONALDSON AVENUE
SITUATED IN THE
J. HUNTER SURVEY, A-35
HARRIS COUNTY, TEXAS
BEING a 0.8082 acres (35,205 square feet) tract of land situated in the J. Hunter Survey, Abstract No. 35 of Harris County, Texas
and being out of Donaldson Avenue Right -of -Way (R.O.W.) as shown in Town of La Porte subdivision, recorded under Volume 1, Page
27 of the Harris County Map Records (H.C.M.R.), said 08082-acre tract of land described by metes and bounds as follows:
COMMENCING at a found 518 inch iron rod with cap in the northwest right-of-way (R.O.W.) line of Main Street, 100-foot R.O.W. and
southwest R.O.W. line of Wilson Street, 60-foot R.D.W., marking the southeast corner of Lot 22, Block 990 of said Town of La Porte;
THENCE South 59°39'35" West, along and with the southeast line of said Block 990, a distance of 266.00 feet to a found 1/2 inch iron
rod, being in the northeast R,O.W. line of Donaldson Avenue, marking the southwest corner of Lot 5 of said Block 990 and the
herein described tract, also being the POINT OF BEGINNING;
THENCE South 59°39'35" West, over and across said Donaldson Avenue, a distance of 80.00 feet to a found 1 inch pipe, being in the
southwest R,O.W. line of said Donaldson Avenue, marking the southeast corner of Lot 16, Block 589 of said Town of La Porte and
Block 589, and the southwest corner of the herein described tract;
THENCE North 30°20'25" West, along the common line of said Block 589 and Donaldson Avenue, a distance of 350.87 feet to a point
for the northeast corner of Lot 1 of said Block 589, being in the southeast line R.O.W. line of North "A" Street, 60-foot R.O.W., from
which a found 112 inch iron rod with cap bears, North 86°55'11" East, a distance of 1.03 feet;
THENCE South 59°39'35" West, along and with the north line of said Block 589, a distance of 12.07 feet to a point for the northwest
corner of said Lot 1 and Block 589, being in the east R.O.W. line of Blackwell Avenue, 60-foot R.O.W., from which a found 1/2 inch
pipe bears, North 50°04'31" East, a distance of 1.10 feet;
THENCE North 02°3016" West, along and with east R.O.W. line of said Blackwell Avenue, a distance of 138.82 feet to a found 5/8
inch iron rod with cap, marking the northwest corner of the herein described tract;
THENCE North 86°33'33" East, over and across said Donaldson Avenue R.O.W., a distance of 30.55 feet to a set 518 inch iron rod
with cap stamped "FULCRUM LAND SURVEYING", being in the southwest line of Lot 10, Block 972 of said Town of La Porte, for the
northeast corner of the herein described tract;
THENCE South 30°20'25" East, along and with the common line of said Donaldson Avenue, Block 972, and Block 990, passing a found
5/8 inch iron rod, a distance of 48.90 feet, marking the southerly corner of said Lot 10 and Block 972, being in the north R.D.W. line
of North "A" Street, 60-foot R.O.W., continuing for a total distance of 459.80 feet to the POINT OF BEGINNING and containing a
computed 0.8082 acres (35,205 square feet) of land.
Bearing orientation is based on the Texas Coordinate
System, South Central Zone 4204, NAD-83 as cited herein
and as shown on a survey plat of even date prepared by the
undersigned in conjunction with these metes and bounds
description.
Clemente Turrubiartes Jr. RPLS No. 6657 :,!tc-; .•.c Fp' .
Fulcrum Land Surveyors, LLC
104 W. Pauline
Conroe, Texas 77301
TBPLS Licensed Surveying Firm No.10194866•.
Page 1 of 1
ct@fulcrumsurveying.com • T: 936.443.0507 • fulcrumsurveying.com
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Exhibit B
CITY OF MORGAN'S POINT, TEXAS
SERVICE PLAN FOR TRACT
DATE OF BOUNDARY ADJUSTMENT AGREEMENT: , 2026
ACREAGE: Approximately acres of land
Municipal Services to Tract shall be solely furnished by or on behalf of the City of Morgan's
Point, Texas ("City") at the following levels and in accordance with the following schedule:
A. POLICE PROTECTION:
1. Police personnel and equipment from the Morgan's Point Police Department shall
be provided to Tract, at a level consistent with current methods and procedures
presently provided to similar areas, on the effective date of this Agreement.
2. As development commences in these areas, sufficient police protection, including
personnel and equipment will be provided to furnish these areas with the level of
police services consistent with the characteristics of topography, land utilization and
population density of the areas.
3. Upon ultimate development, police protection will be provided at a level consistent
with other similarly situated areas within the City limits.
B. FIRE PROTECTION / EMERGENCY MEDICAL SERVICES:
1. Fire protection and Emergency Medical Services (EMS) from the City shall be
provided to Tract, at a level consistent with current methods and procedures
presently provided to similar areas, on the effective date of this Ordinance.
2. As development commences in these areas, sufficient fire protection and EMS,
including personnel and equipment will be provided to furnish these areas with the
level of services consistent with the characteristics of topography, land utilization and
population density of the areas. It is anticipated that fire stations planned to serve
areas currently within the City will be sufficient to serve areas now being considered
for annexation.
3. Upon ultimate development, fire protection and EMS will be provided at a level
consistent with other similarly situated areas within the City limits.
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C. FIRE PREVENTION:
Fire suppression services of shall be provided to the areas on the effective date of this
Agreement.
D. SOLID WASTE COLLECTION:
1. Solid waste collection shall be provided to Tract upon request on the effective date of
this Agreement. The collection of refuse from individual properties shall be made in
accordance with the usual Sanitation Department scheduling.
2. As development commences in these areas, sufficient solid waste collection will be
provided to furnish the level of services consistent with the characteristics of
topography, land utilization, and population density of the areas.
3. Upon ultimate development, solid waste collection will be provided at a level
consistent with other similarly situated areas within the city limits.
E. WATER SERVICE (To be provided only in those areas that are not within the service area
of another water or wastewater utility):
1. Connection to existing City water mains for water service will be provided by the
property owner. Upon connection to existing mains, water will be provided at rates
established by City ordinances. Property owner, at owner's expense, will connect to
the existing city water lines.
2. Capacity shall be provided consistent with the characteristics of topography, land
utilization, and population density of the areas.
3. Water mains installed or improved to City standards within the Tract which are
located within dedicated easements, rights -of -way, or any other acceptable location
approved by the City Engineer, shall be maintained by the City on the effective date
of this Agreement.
4. Maintenance of private lines will be the responsibility of the owner or occupant.
5. Operation and maintenance of water facilities in the Tract that are within the service
area of another water utility will be the responsibility that utility.
F. SANITARY SEWER SERVICE (To be provided only in those areas that are not within the
service area of another water or wastewater utility):
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1. Connection to existing City sanitary sewer mains for sewage service will be provided
by the property owner. Upon connection to existing mains, sanitary sewer collection
will be provided at rates established by City ordinances. Property owner, at owner's
expense, will connect to the existing city sanitary sewer lines.
2. Capacity shall be provided consistent with the characteristics of topography, land
utilization, and population density of the areas.
3. Sanitary sewer mains and lift stations installed or improved to City standards within
the Tract 1 which are located within dedicated easement, rights -of -way, or any other
acceptable location approved by the City Engineer, shall be maintained by the City on
the effective date of this Agreement.
4. Operation and maintenance of wastewater facilities in Tract 1 that are within the
service area of another water utility will be the responsibility of that utility.
5. Operation and maintenance of private wastewater facilities in Tract will be the
responsibility of the owner.
G. STREETS:
1. Emergency street maintenance shall be provided for publicly dedicated streets or
roads within these areas on the effective date of this Agreement. Routine
maintenance will be scheduled as part of the City's annual street maintenance
program in accordance with the current policies and procedures defined by
ordinance.
2. As development commences in these areas, all publicly dedicated streets shall be
constructed to current City standards. The regulations and ordinance regarding City
participation, maintenance and acceptance upon completion, shall apply.
Maintenance will be provided at a level consistent with the characteristics of
topography, land utilization, and population density of the area.
H. PARKS AND RECREATION:
1. Any residents within Tract 1 may utilize all existing park and recreation facilities, on
the effective date of this Agreement. Fees for such usage shall be in accordance with
current fees established by ordinance.
2. As development commences in these areas, additional park and recreation facilities
shall be constructed based on park policies defined in the City' Master Plan. The
general planned locations and classifications of parks will ultimately serve residents
from the current City limits and residents from areas being considered for annexation.
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I. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES:
1. Enforcement of current environmental health ordinances and regulations, including
but not limited to, weed and brush ordinances, junked and abandoned vehicles
ordinances and animal control ordinances, shall begin within these areas within sixty
(60) days of the effective date of this Agreement.
2. Inspection services, including but not limited to, the review of building plans, the
issuance of permits and the inspection of all buildings, plumbing, mechanical, and
electrical work to ensure compliance with City codes and ordinances will be provided
within sixty (60) days of the effective date of this Agreement.
3. As development commences in this area, the City shall provide the level of
environmental health and code enforcement services as are furnished in other
similarly situated areas throughout the City.
J. MISCELLANEOUS:
Any publicly owned facility, building, or service located within Tract shall be maintained
by the City of Morgan's Point on the effective date of this Agreement.
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