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HomeMy WebLinkAboutPR 20455: A RESOLUTION SETTING PUBLIC HEARING TO REVIEW SERVICE PLAN FOR ANNEXATION ____, .. City of 40 ()I r rthu � www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: September 20, 2018 To: The Honorable Mayor and City Council Through: Harvey L. Robinson, Interim City Manager From: Ronald Burton,Assistant City Manager/Director of Development Services RE: P. R.No. 20455—A resolution setting public hearing to review service plan for annexation Introduction: The intent of this Agenda Item is request City Council to set public hearing to review the service plan for the annexation of property located at the intersection of State Highway 82 and Terminal Road and to receive comments from the public on the proposed annexation. Background: On November 24,2015, Motiva Enterprises,LLC conveyed 2.543-Acre Tract or Parcel of Land situated in the B.B.B. & C.R.R. Survey, Abstract 92 to the City of Port Arthur for the construction of a water tower. On August 28, 2018, the Port Arthur City Council approved Resolution No. 18-35, authorizing the commencement of a public hearing process in order to ascertain public comment regarding the annexation of said property. Budget Impact: None Recommendation: It is recommended that City Council approve Proposed Resolution No. 20455, setting a public hearing to review the service plan for the annexation of property located at the intersection of State Highway 82 and Terminal Road. "Remember,we are here to serve the Citizens of Port Arthur" P.O.Box 1089 *Port Arthur,Texas 77641-1089 n 409.983.8101 m FAX 409.982.6743 P.R. NO.20455 09/18/2018 PDL PACE 1 OF 11 RESOLUTION NO. A RESOLUTION SETTING PUBLIC HEARING TO REVIEW THE SERVICE PLAN FOR THE ANNEXATION OF PROPERTY LOCATED AT THE INTERSECTION OF STATE HIGHWAY 82 AND TERMINAL ROAD, AND TO RECEIVE COMMENTS FROM THE PUBLIC ON THE PROPOSED ANNEXATION. WHEREAS, the City desires to annex the property, that is located in the extraterritorial jurisdiction of the City of Port Arthur as shown in Exhibit"A", and, WHEREAS, Resolution No. 18-351 required that a service plan be prepared to annex land and improvements in the City's ETJ; and, WHEREAS, the City's Planning Department has prepared a service plan attached as Exhibit"B" for the area delineated in Exhibit"A"; and, WHEREAS, two public hearings are required by Section 43.052 of the Texas Local Government code with due notice; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. That facts and opinions in the preamble are true and correct. Section 2. That the public hearings on the service plan to receive comments from the public on the proposed annexation are scheduled on October 23, 2018 at 9:00 a.m. and on November 6, 2018 at 6:00 p.m. The projected date for the adoption of the annexation ordinance is December 4, 2018. The effective date of the annexation, if approved, will be December 4, 2018. Section 3. That the City Secretary shall send a certified copy of this Resolution to railroad companies that may own land in the area by certified mail, return receipt requested. This P.R. NO.20455 09/20/2018 PDL PAGE 2OF11 includes sending notice to Kansas City Southern and to Union Pacific. The City Secretary shall post the required notices for the public hearing, at least ten days before the hearings are required by Section 43.052 Texas Local Government Code. Section 4. That a copy of the caption of this Resolution be spread upon the minutes of the City Council. READ, ADOPTED AND APPROVED this day of September, A.D., 2018, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: MAYOR COUNCILMEMBERS: NOES: Derrick F. Freeman, Mayor ATTEST: Sherri Bellard, TRMC, City Secretary APPROVED AS TO FORM: _ rA Valecia"Val"Tiz o, City Attorney APPROVED FOR ADMINISTRATION: Harvey L. Robinson, Interim City Manager P.R.NO.20455 09/20/2018 PDL PAGE 3 OF 11 . �C 1� Ronald "Ron" Burton, : s slant City Manager/ Director of Develop ent Services P.R. NO. 20455 09/20/2018 PDL PAGE 4 OF 11 EXHIBIT "A" ARC ENEAUX & GATES ARCENEAUX & Consulting Engineers, Inc. GATES A Burrow Global Company Engineers • Surveyors • ?lanncrs DESCRIPTION OFA TRACT OF LAND 'age CONTAINING 2.543 ACRES OF LAND.MORE OR LESS IN THE B.B.B. &C.R.R.SURVEY.ABSTRACT 92 JEFFERSON COUNTY, TEXAS Being a 2.543 acre tract or parcel of land situated in the B.B.B. & C.R.R. Survey, Abstract 92, and being out of and a part of that certain tract of land (called "53.5583 acres")designated as Tract II, as recorded in Clerk's Film Code No. 102-84-1325 of the Official Public Records of Jefferson County,Texas and being more particularly described by metes and bounds as follows; Commencing at an iron rod found at the intersection of the easterly right-of-way line of State Highway 82 and the southeasterly right-of-way line of Terminal Road, a point for the most southerly northwest corner of said 53.5583 acre tract of land; Thence North 06 deg. 53 min. 48 sec. West along and with the southeasterly line of said Terminal Road and the northwesterly line of said 53.5583 acre tract of land a distance of 1554.20 feet to a 1/2" rod with cap marked Arceneaux & Gates set for the northwest corner and place of beginning of the herein described tract of land; Thence continuing North 06 deg. 53 min. 48 sec. West along and with the southeasterly line of said Terminal Road and the northwesterly line of said 53.5583 acre tract of land a distance of 231.60 feet to a 1/2" rod with cap marked Arceneaux&Gates set for an angle point; Thence North 40 deg. 22 min. 34 sec. East a distance of 10.56 feet to a 1/2" rod with cap marked Arceneaux&Gates set for the most northerly corner of said 53.5583 acre tract of land and being a point in the west right-of-way line of W. Service Road and the northeast corner of the herein described tract of land; Thence South 53 deg. 26 min. 49 sec. East along and with the most northerly east line of said 53.5583 acre tract of land and the west line of said W. Service Road a distance of 697.36 feet to a concrete monument found at the intersection of the west line of said W. Service Road and the south right-of-way line of W. 13th Street and the southeast corner of the herein described tract of land; Thence South 36 deg. 32 min.43 sec. West over and across said 53.5583 acre tract of land a distance of 176.62 feet to a 1/2" rod with cap marked Arceneaux&Gates set for the southwest corner of the herein described tract of land; Thence North 53 deg. 39 min. 53 sec. West over and across said 53.5583 acre tract of land a distance of 538.82 feet to the Place of Beginning and containing 2.543 acres of land more or less. 2901 Turtle Creek Dr., Suite 320 Port Arthur, TX 77642 Phone: 409/7247888 Fax: 409/724-1447 P.R.NO.20455 09/20/2018 PDL PAGE 5 OF 11 ARCENEAUX GATES CO NSCLTING gN GINEERS.INC. NOTE: See accompanying Plat. Bearings and distances referenced to the Texas State Plane Coordinate System,South Central Zone,NAD 83. Page Prepared May 14,2014 Prepared by Arceneaux&Gates Consulting Engineers.Inc. Engineers Surveyors Planners A Burrow Global Company — 'SOFT ., '� �GiSTE$Fd Vis' By: ."�.� /i./ ;� A t 1 te; ,V E.Jam;'%errett, ,`�l•9.:FSS\0; P.R. NO.20455 09/20/2018 PDL PAGE 6 OF 11 ,.___— N 40°22'34" E 10.56' 400r)14, // / o W. 15TH STREET i ft, J . E0 1m °�„5A PORT ARTHUR O POB 0 HOUSING AUTHORITY Cr OP W i CNI c) c65.19 ` o LL: Q- N W _t':' 'c�C' CCOO V) h s r��CO a•LISTER• 9S\ �� p6 W !i ;�� * F�•• •\ ,` .,0 1 81 i Pv. POC �p�\ � �cC) I ��,, N°FESS. Ai, ,• V Q C) 2.543 ACRES \`q o SURyE• o F9%.\() •C? • x% 20 LEGEND A FOUND PROPERTY CORNER AS SHOWN SET 1/2" STEEL ROD WITH PLASTICAP W. 13TH STREET MARKED ARCENEAUX & GATES O A POB PLACE OF BEGINNING S 36°32'43"W 176.62' ° CONC VON POC POINT OF COMMENCEMENT ALL BEARINGS AND DISTANCE REFERENCED TO THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE, NAD 83 SEE ACCOMPANYING DESCRIPTION / PLAT OF A 2.543 ACRE TRACT OF LAND PAGE OUT OF A CALLED "53 5583 ACRES" TRACT i e ARCENEAUX & GATES IN THE B.B.B & CRR. SURVEY, ABST. 92 i ARCENEAUX [o IIu°n, Ino. : se oro.""„..r. s ...,°n P1 ... MOTIVA OF GATES 6501 nlru. Cr..: u.+...suit. 102 1 moue=0022B,C. PartArm.",(409 , _7 588 77542 PORT ARTHUR.JEFFERSON COUNTY,TX Km oi4A repsA Burrow Global Company TEXAS REGISTERED ENGINEERNG FIRM F-30 DATE: MAY 2014 SCALE: SHOWN DRAWN: 8,18 TEXAS LICENSED SURVEYING FIRM 100142-00 PROJ. No.: CDA-670 DESIGN CHECKED: LV P.R. NO. 20455 09/20/2018 PDL PAGE 7 OF 11 EXHIBIT "B" 1[1t,„ City of 1)11 !'ilial' 2018 ANNEXATION PROGRAM CITY OF PORT ARTHUR, TEXAS SERVICE PLAN P.R.NO.20455 09/20/2018 PDL PAGE 8 OF 11 2018 ANNEXATION PROGRAM CITY OF PORT ARTHUR, TEXAS SERVICE PLAN FOR 2.543-ACRE TRACT OR PARCEL OF LAND SITUATED I HE B.B.B. & C.R.K. SURVEY,ABSTRACT 92, LOCATED AT THE INTERSECTIO 1 F STATE HIGHWAY 82 AND TERMINAL ROAD Upon annexation of the area identified above the City of Port Arthur will provide City services utilizing methods by which it extends services to any other equivalent area of the City. SERVICES PROVIDED BY THE EFFECTIVE DATE OF ANNEXATION 1. Police Protection The City of Port Arthur, Texas and its Police Department will provide police protection to the newly annexed area at the same or similar level of service now being provided to other areas of the City with like topography, land use and population density as those found within the newly annexed area. The Police Department will have the responsibility to respond to all dispatched calls for service or assistance within the newly annexed area. 2. Fire Protection and Emergency Medical Services The City of Port Arthur, Texas and its Fire Department will provide fire protection to the newly annexed area at the same or similar level of service now being provided to other areas of the City, with like topography, land use and population density as those found within the newly annexed area. The City of Port Arthur, Texas will provide EMS services to the newly annexed area at the same or similar level of service now being provided to other areas of the City, with like topography, land use and population density as those found within the newly annexed area. 3. Maintenance of Water and Wastewater Facilities If the annexed area is within the water and wastewater service area of the City of Port Arthur, then any water/wastewater facilities owned or maintained by the City of Port Arthur at the time of the proposed annexation shall continue to be maintained by Port Arthur. All water/wastewater facilities which may be acquired subsequent to the annexation of the proposed area shall be maintained by the City of Port Arthur. The presently existing water/wastewater mains at existing locations shall be available for the point of use extension based upon the City of Port Arthur standard extension policies now existing or as may be amended. On-site sewerage systems may be maintained in accordance with the City of Port Arthur Ordinances and regulations. 4. Solid Waste Collection Solid waste collection will be provided in the newly annexed area at the same or similar level of service now being provided to other areas of the City with like topography, land P.R.NO.20455 09/20/2018 PDL PAGE 9 OF 11 use and density as those found within the newly annexed area. The City may negotiate with to allow continued services with an existing solid waste management provider. After the second anniversary of the annexation date, the City will impose fees and provide the service unless otherwise agreed to. 5. Maintenance of Roads and Streets Any and all public roads, streets or alleyways shall be maintained to the same degree and extent that other public roads, streets, and alleyways are maintained in areas of the City with like topography, land use and density as those found within the newly annexed area. Private roads will remain under the ownership of the current private entity and as such maintained by the private entity. 6. Maintenance of Parks, Playgrounds, and Swimming Pools The City of Port Arthur, Texas is not aware of the existence of any publicly owned parks, playgrounds or swimming pools now located in the proposed area of annexation. In the event any such parks, playgrounds, or swimming pools do exist and are public facilities, the City will maintain such area and facilities to the extent and degree and to the same or similar level of service now being provided to other such areas and facilities within the corporate limits of the City with like topography,land use and density as those found within the newly annexed area. Private facilities will remain under private ownership. 7. Maintenance of any Publicly owned Facility,Building or Municipal Service The City of Port Arthur,Texas is not aware of the existence of any publicly owned facility, building, or other municipal service now located in the proposed area of annexation. In the event any publicly owned facility, building, or other municipal service does exist and are public facilities,the City will maintain such area and facilities to the extent and degree and to the same or similar level of service now being provided to other such area and facilities within the corporate limits of the City with like topography, land use and density as those found within the newly annexed area. 8. Other Services The City of Port Arthur, Texas finds and determines that such services as planning, code enforcement,animal control,library,parks and recreation,court and general administration will be made available after the effective date of annexation at the same or similar level of service now being provided to other areas of the City with similar topography, land use and density as those found within the newly annexed area. CONSTRUCTION OF ANY CAPITAL IMPROVEMENTS TO BE COMPLETED WITHIN 2 '/2 YEARS P.R.NO.20455 09/20/2018 PDL PAGE 10 OF 11 1. Police and Fire Protection and Solid Waste Collection The City of Port Arthur, Texas, fmds and determines that it is not necessary to acquire or construct any capital improvements within 2 '/2 years of the effective date of the annexation of the particular annexed area for the purpose of providing police protection, fire protection, emergency medical services or solid waste collection. The City finds and determines that it has at the present time adequate facilities and other resources to provide the same type, kind and level of service and protection which is presently being administered to other areas already incorporated in the City of Port Arthur,Texas with like topography,land use and population density as those found within the newly annexed area. 2. Water/Wastewater Facilities The City of Port Arthur,Texas, finds and determines it is not necessary for the City of Port Arthur to acquire or construct any capital improvements within 2 '/2 years of the effective date of the annexation of the particular annexed area being annexed. 3. Roads and Streets The City of Port Arthur, Texas, finds and determines it is not necessary to acquire or construct any capital improvements within 2 1/2 years of the effective date of the annexation of the particular annexed area. 4. Maintenance of Parks, Playgrounds, and Swimming Pools and Any Other Publicly Owned Facility,Building, or Service The City of Port Arthur, Texas, fmds and determines it is not necessary to acquire or construct any capital improvements within 2 '/2 years of the effective date of the annexation of the particular annexed area for the purpose of parks maintenance, playgrounds, swimming pools and other publicly owned facility, building or service. SPECIFIC FINDINGS The City of Port Arthur, Texas, fmds and determines that this proposed service plan will not provide any fewer services and will not provide a lower level of service in the area being considered for annexation that were in existence in the proposed area at the time immediately preceding the annexation process. Given the proposed annexation area's topography, land utilization and population density,the service levels to be provided in the newly annexed area will be equivalent to those provided to other areas of the City with similar characteristics. TERMS This plan shall be valid for a term of ten(10)years. Renewal of the Service Plan is at the discretion of the City of Port Arthur. P.R.NO.20455 09/20/2018 PDL PAGE 11 OF 11 LEVEL OF SERVICE Nothing in this plan shall require the City to provide a uniform level of full municipal services to each area of the City, including the annexed area, if different characteristics of topography, land use, and population density are considered a sufficient basis for providing different levels of service. AMENDMENTS The plan shall not be amended unless public hearings are held in accordance with Chapter 43 of the Texas Local Government Code.