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HomeMy WebLinkAboutO-1976-1058 . .- .-- .. '. . ORDINANeE NO. 1058 AN ORDINANeE ANNEXING ON FINAL READING THE HEREINAFTER DEseRIBED TERRITORY TO THE eITY OF LA PORTE, AND EXTENDING THE BOUNDARY LIMITS OF THE SAID CITY OF LA PORTE, TEXAS; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFEeTlVE DATE HEREOF. BE IT ORDAINED BY THE eITY eOMMISSION OF THE CITY OF LA PORTE: Section 1. The eity of La Porte has heretofore adopted a Home Rule Charter granting the eommission the power by ordi- nance 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 eity, pursuant to and in accordance with the present or hereinafter adopted or amended general and special laws of this State applicable to Home Rule cities. This annexation proceeding is conducted pursuant to the authority granted by Article 1175, Revised Civil Statutes, and Article 970a, Revised eivil Statutes. Section 2. The eity Commission of the eity of La Porte hereby finds, determines and declares that the hereinafter described territory is adjacent and contiguous to the present City Limits of the eity 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 eity 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 eommission of the City of La Porte has heretofore, on November 1, 1976, passed and approved Ordinance No. 1056, declaring its intention to institute pro- ceedings to annex the hereinafter described territory. A public hearing was called, and was held on November 22, 1976, 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. 1056 in The Bayshore Sun . . e.- .~, ~ . , Ordinance No. 1058 , Page 2. on November 4, 1976, and November 11, 1976, said newspaper having general circulation in the City of La Porte and in the territory proposed to be annexed. Additional notice by certi- fied mail was given to railroad companies then serving the eity 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 Annexa- tion Act of 1963, Article 970a, Vernon's Annotated Texas Statutes. Section 4. The eity eommission of the eity of La Porte hereby institutes annexation proceedings as to the following described territory, 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 following described territory within the City Limits of the eity of La Porte, and the same shall hereafter be included within the territorial limits of the eity of La Porte, and the inhabitants thereof shall hereafter be entitled to all rights and privileges of other citizens of the eity of La Porte, and they shall be bound by the acts, ordinances, resolutions and regulations of the City of La Porte. The territory to be so annexed is the same territory as described in said Ordinance No. 1056, and the territory to be so annexed is more particularly described as follows, to-wit: TRAeT NO. 1 BEING a tract of land out of the W. P. Harris Survey, A-30, Harris County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a point on the West right-of-way line of new State Highway No. 146, said point being 500 feet North of the South right-of-way line of McCabe Road, said point being on the existing city limit line of the eity of La Porte; THENeE in a Westerly direction along the line parallel to and 500 feet North of the South right-of-way line of Mceabe Road and a Westerly projection of the South right-of-way line of Mceabe Road to the point of inter- section with the West right-of-way line of the T.&N.O. Railroad; . . . .- ~ . , Ordinance No. 1058 , Page 3. THENeE in a Southerly direction along the West right- of-way line of the T.&N.O. Railroad to the point of intersection with a Westerly projection of the North right-of-way line of McCabe Road; THENeE in an Easterly direction along the Westerly projection of the North right-of-way line of Mceabe Road and the North right-of-way line of Mceabe Road to the point of intersection with the West right-of- way line of new State Highway No. 1~6; THENeE in a Northerly direction following the West right-of-way line of said new State Highway 146 to a point for corner 500 feet North of the South right-of- way line of Mceabe Road, to the POINT OF BEGINNING. TRAeT NO. 2 BEING a tract of land out of the W. P. Harris Survey, A-30, Harris eounty, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at the intersection of the North line of the W. P. Harris Survey, A-30, with the East right-of-way line of new State Highway No. 146, said point being on the existing city limit line of the eity of La Porte; THENeE in a Southerly direction along the East right- of-way line of new State Highway No. 146 to the point of intersection with the North right-of-way line of McCabe Road; THENCE in an Easterly direction along the North right- of-way line of McCabe Road and an Easterly projection of the North right-of-way line of Mceabe Road to the point of intersection with the East right-of-way line of State Highway Spur #501 (old State Highway #146); THENeE in a Northerly direction along the East right- of-way line of State Highway Spur #501 (old State Highway #146) to a point 840 feet, more or less, North of the North right-of-way line of McCabe Road, for a point for corner; THENeE in a Westerly direction along an Easterly pro- jection of the North line of the Shoreacres Mobile Home Park (Fountain Head Mobile Home Park) and along the North line of the said Shoreacres Mobile Home Park (Fountain Head Mobile Home Park) to a point for corner 500 feet West of the West right-of-way line of State Highway Spur #501 (old State Highway #146); THENeE in a Northerly direction parallel to and 500 feet West of the West right-of-way line of State Highway Spur #501 (old State Highway #146) to the point of intersection with the North line of the W. P. Harris Survey, A-30, same being the South line of the Johnson Hunter Survey, A-35; THENeE in a Westerly direction with the common line of the W. P. Harris Survey, A-30, and the Johnson Hunter Survey, A-35, to the POINT OF BEGINNING. . . . .'~ ............ e , Ordinance No. 1058 , Page 4. Section 5. Should any section or part of this ordinance be held unconstitutional, illegal or invalid, or the applica- tion thereof ineffective or inapplicable as to any territory, such unconstitutionality, illegality, invalidity or ineffec- tiveness of such section or part shall in nowise affect, impair or invalidate the remaining portion or portions thereof, but as to such 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 area hereby annexed to the eity of La Porte, such ineffectiveness of this ordinance as to any such part or parts of any such area shall not affect the effectiveness of this ordinance as to all of the remainder of such area, and the eity eommission hereby declares it to be its purpose to annex to the City of La Porte every part of the area described in Section 4 of this ordi- nance, regardless of whether any other part of such described area is hereby effectively annexed to the eity. Provided, further, that i~ there is included within the general descrip- tion of territory set out in Section 4 of this ordinance to be hereby annexed to the eity of La Porte any lands or area which are presently part of and included within the limits of the eity of La Porte, or which are presently part of and included within the limits of any other eity, Town, or Village, or which are not within the eity of La Porte's jurisdiction to annex, the same is hereby excluded and excepted from the terri- tory to be hereby annexed as fully as if such excluded and excepted area were expressly described herein. Section 6. This ordinance shall not repeal, impair, modify, or in anywise affect any other annexation ordinance or ordinances of the eity of La Porte, but such other ordi- nance or ordinances shall remain and continue to be effective, wholly unaffected in any way or manner by the passage of this ordinance. . , Ordinance No. 1058 , Page 5. . Section 7. This ordinance shall take effect and be in force from and after its passage and approval. PASSED AND APPROVED by the eity Commission of the eity of La Porte, on first and final reading, this the 6th day of December, A.D. 1976. eITY OF ~ J. J. '~eza, Mayo - - By ATTEST: . ~~~ City el k APfZ' uJ. ~ City Attorney . -~