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HomeMy WebLinkAboutPO 6742: TO ANNEX ADJACENT AND CONTIGUOUS TERRITORY P. O. NO. 6742 11/15/18 gt ORDINANCE NO. AN ORDINANCE OF THE CITY OF PORT ARTHUR, TEXAS, TO ANNEX ADJACENT AND CONTIGUOUS TERRITORY INTO THE INCORPORATED MUNICIPAL BOUNDARIES OF THE CITY OF PORT ARTHUR, TEXAS INCLUDING THE FOLLOWING: FINDINGS OF FACT; EFFECTIVE DATE; A REPEALER; SEVERABILITY; AND PROPER NOTICE AND MEETING. WHEREAS, Section 43.021 of the Texas Local Government Code authorizes a home-rule municipality to extend the boundaries of the municipality and annex area adjacent to the municipality in accordance with the municipality's charter and with the procedural rules prescribed by Texas Local Government Code Chapter 43; and WHEREAS, the City is a home-rule municipality with the rights and privileges thereto; and WHEREAS, Section Article 1 Section 6 of the City of Port Arthur Charter provides that the City Council shall have the power, by ordinance, to fix and change the bounds and limits of the City of Port Arthur, and to provide for the extension of said bounds and limits and the annexation of additional territory lying adjacent to the City of Port Arthur with or without the consent of the territory and the inhabitants thereof; and WHEREAS, the City Council has conducted two public hearings regarding annexation of the area and has provided all required notices within the timeframes established under Chapter 43 of the Texas Local Government Code; and WHEREAS, the City has prepared a service plan for the area to be annexed in accordance with Section 43.065 of the Texas Local Government Code providing for full municipal services to such area, which service plan was made available to the public; and WHEREAS, the City Council deems it to be in the best interest of the citizens of the City to annex said territory into the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS: 1. FINDINGS OF FACT All of the above premises are hereby found to be true and correct legislative and factual findings of the City Council of Port Arthur, and are hereby approved and incorporated into the body of this Ordinance as if copied herein in their entirety. s.po6742 2. ANNEXATION OF TERRITORY A. The area described in Exhibit "A", which is attached hereto and incorporated herein for all purposes, is hereby annexed and brought into the municipal boundaries (i.e., corporate limits) of the City of Port Arthur, and is made an integral part, hereof. B. The official map and boundaries of the City of Port Arthur are hereby amended and revised so as to include the area annexed. C. A service plan prepared in accordance with applicable provisions of state law pertaining to annexation is attached hereto as Exhibit "B" and incorporated herein for all intents and purposes. D. The owners and inhabitants of the area herein annexed are entitled to all of the rights and privileges of other citizens of the City of Port Arthur and are hereby bound by all acts, ordinances and other legal actions now in full force and effect and those that may be hereafter adopted or enacted. 3. EFFECTIVE DATE This ordinance is effective and the annexation achieved herein shall be final and complete upon adoption of this Ordinance on the date set forth below. 4. FILING A. The City Secretary is hereby instructed to include this Ordinance in the records of the City and to have maps depicting the new municipal boundaries prepared, as necessary. B. The City Secretary is hereby instructed to file a certified copy of this Ordinance with the Jefferson County Clerk. 5. SEVERABILITY It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this Ordinance be severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance, and the remainder of this Ordinance shall be enforced as written. 6. PROPER NOTICE AND MEETING It is hereby officially found and determined that the meeting at which this Ordinance was passed was open to the public as required and that public notice of the time, place and purpose of said meeting was given as required by the Open Meetings Act, Chapter 551 of the Texas Government Code. Notice was also provided as required by Chapter 52 of the Texas Local Government Code. S.p067-t2 READ, ADOPTED AND APPROVED on this 4th day of December A.D., 2018, at a Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor: Councilmembers: NOES: Derrick Ford Freeman, Mayor ATTEST: Sherrie Bellard City Secretary A OV- ' AS TO FORM: Valecia R. Tiz�-j'r,o City Attorney APPROVED FOR ADMINISTRATION: Harvey Robinson Interim City Manager s.po6742 • ARCENEAUX & GATES ARCE&FAUX Consulting Engineers, Inc. GATES A Burrow Global Company Engineers • Surveyors • Planners DESCRIPTION OFA TRACT OF LAND Page 1 CONTAINING 2.543 ACRES OF LAND,MORE OR LESS IN THE B.B.B. &CR,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: 409/724-7888 Fax: 409/724-1447 ARCENEAUX GATES • CONSULTING ENGINEERS,INC. NOTE: See accompanying Plat. Bearings and distances referenced to the Texas State Plane Coordinate System,South Central Zone,NAD 83. Page 12 Prepared May 14,2014 Prepared by Arceneaux&Gates Consulting Engineers. Inc. Engineers Surveyors Planners A Burrow Global Company g0.. c;°•�•�GISTEI�43• /. • _L. • By: l• �.��?P I. E.Jam errett, �;9•pf p.17.. Texas Registered Professional Land Surveyor No. 1781 • NO S13RVEy°�'` • 2901 Turtle Creek Dr., Suite 320 Port Arthur, TX 77642 Phone: 409/724-7888 Fax: 409/724-1447 / CALL+Noan, 1 N 40°22'34" E 10.56' . o 1 W. 15TH STREET isiv 3 ..x 0 eo 120 Vb PORT ARTHUR PO POB Ci HOUSING AUTHORITY IX L4 0 k• s �h� is > 00 �h� co ' V) ,i co'co ce s..G116$1.�'q,+ ,¢ 0 m v. w i, " � * • \POC 044` 1k �;r •'•°qp1 ��.• 4�Q��� G 42 !n \.l q•Q ESS C OQk \�a�� �� P h �; 2.543 ACRES suR '� �'P' t�''h4) /� . �' !�� LEGEND LS FOUND PROPERTY CORNER AS SHOWN W. 13TH STREET 0 SET 1/2" STEEL ROD WITH PLASTICAP MARKED ARCENEAUX & GATES p Al POB PLACE OF BEGINNING S 36°32'43"W 176.62' ,..:0. coNc MON 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 3 OUT OF A CALLED"53.5583 ACRES" TRACT !! ® ARCENEAUX & GATES IN THE B.B.B& C.R.R.SURVEY,ABST. 92 1 iARCENEAUX CO�lthag ��' Lao. MOTIVA m OF n & Inglis. Surveyors P1•na a GATES soot 'Curtis Crook On..,Bair.100 ouse 120/1225.IC- Part Arwar,mx..TT°42 PORT ARTHUR,JEFFERSON COUNTY,TX PORI 4611.11203 (400)Te{-Tees A Burt°w Global Company TEXAS REGISTERED ENGINEERING FIRM F-30 DATE: MAY 2014 SCALE: SHOWN DRAWN: BJB TEXAS LICENSED SURVEYING FIRM 100142-00 PROJ. No.: CPA-670 DESIGN: CHECKED: E,iV EXHIBIT "B" ANNEXATION SERVICE PLAN FOR PROPERTY ANNEXED BY CITY OF PORT ARTHUR, TEXAS EXHIBIT"B" < City of nrt rth 2018 ANNEXATION PROGRAM CITY OF PORT ARTHUR, TEXAS SERVICE PLAN f . 2018 ANNEXATION PROGRAM CITY OF PORT ARTHUR, TEXAS . i I -1 _ . . . 11 a , . , A. ) I • HE B.B.B.&C.R.R. SURVEY,ABSTRACT 92,LOCATED AT THE INTERSECTION 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 • +i , 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 Municival 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 V2 YEARS 1. Police and Fire Protection and Solid Waste Collection The City of Port Arthur, Texas, finds and determines that it is not necessary to acquire or construct any capital improvements within 2 %z 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 1/2 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, 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 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, finds 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. T a 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.