HomeMy WebLinkAboutPO 7051: DISANNEXING OF LAND NEAR WEST PORT ARTHUR ROAD AND BRAI DRIVE P.O. No. 7051
04/11/22 ht
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORT
ARTHUR DISANNEXING 39.73 ACRE TRACT OF LAND LOCATED
NEAR WEST PORT ARTHUR ROAD AND BRAI DRIVE IN THE
CORPORATE BOUNDARIES OF THE CITY OF PORT ARTHUR,
JEFFERSON COUNTY, TEXAS; PROVIDING FOR THE FOLLOWING:
FINDINGS OF FACT, EFFECTIVE DATE, FILING, SEVERABILITY,
AND PROPERTY NOTICE & MEETING
WHEREAS, the landowners of 39.73 acre of tract land located near West Port
Arthur Road and Brai Drive has requested the City of Port Arthur to disannex the property
(see the description attached hereto as Exhibit "A"); and,
WHEREAS, on February 15, 2022, Resolution 22-077 authorized proceeding with
the disnnexation of the land along Brai Drive at the request of the landowners; and
WHEREAS, on March 1, 2022, Resolution 22-107 set dates for public hearings as
to the disannexation of property located within the corporate limits of Port Arthur, Texas
and provided written notices of said public hearings to property owners, railroads and
public and private entities; and
WHEREAS, pursuant to Section 43.062 of the Texas Local Government Code,
public hearings notices for the disannexation were published in the local newspaper and
held on March 29, 2022 at 10:00 a.m. and April 5, 2022 at 10:00 a.m.; and,
WHEREAS, pursuant to Texas Local Government Code Section 43.142 and Article
1, Section 6B of the City's Charter, the City Council has broad power by ordinance to
disannex property; and,
WHEREAS, the City Council finds that disannexation of the property located within
the corporate limits depicted in Exhibit "A" is in the best interest of the City; and
WHEREAS, the City Council finds that disannexation of the 39.73 acre tract of
land is in the best interest of the City because providing municipal services is difficult and
costly for the City; and
WHEREAS, pursuant to Texas Local Government Code Section 51.001, the City
has general authority to adopt an ordinance or police regulation that is for the good
government, peace or order of the City and is necessary or proper for carrying out a
power granted by law to the City; and
WHEREAS, the City Council finds that it is necessary and proper for the good
government, peace or order of the City of Port Arthur to adopt the following rules.
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 of Port Arthur, and are hereby approved and incorporated into
the body of this Ordinance as if copied herein in their entirety.
2. DISANNEXATION OF TERRITORY
A. The area described in Exhibit "A", which is attached hereto and incorporated
herein for all purposes, is hereby disannexed from the corporate limits of the City, but
shall remain in the extraterritorial jurisdiction of the City.
B. The official map and boundaries of the City of Port Arthur are hereby amended
and revised so as to exclude the area disannexed.
3. EFFECTIVE DATE
This ordinance is effective and the disannexation 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.
B. The City Attorney is hereby instructed to have the official map of the City of
Port Arthur prepared depicting the new municipal boundaries prepared and filed as
necessary.
C. The City Attorney must file with the County Clerk a certified copy of the
Disannexation Ordinance along with a legal description of the property.
D. The City Attorney must pursuant to the Texas Tax Code §321.102s send via
certified or registered mail a certified copy of the Disannexation Ordinance to the
Secretary of State of Texas.
E. Send by certified mail or registered mail a copy of the Disannexation Ordinance
with a map of the whole municipality clearly showing the removal of the disannexed tract
to the Sales Tax Division of the State Comptroller's office.
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.
READ, ADOPTED AND APPROVED on this day of A.D.,
2022, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the
following vote: AYES:
Mayor:
Councilmembers:
NOES:
Thurman Bartie,
Mayor
ATTEST:
Sherri Bellard,
City Secretary
APPROVED AS TO FORM:
j,e - g_
Valecia R. Tizeno,
City Attorney
APPROVED FOR ADMINISTRATION:
Ronald Burton,
City Manager
EXHIBIT "A"
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39.73 ACRES OF LAND
FOR DEANNEXATION PURPOSES
OUT OF THE T. & N. O. R. R. SURVEY
SECTION NO.3,ABSTRACT NO. 258
JEFFERSON COUNTY, TEXAS
BEING 39.73 acres of land, out of and a part of the T. & N. O. R. R. Survey, Section No. 3,
Abstract No. 258, Jefferson County, Texas, being all of two tract of land described in a deed to
Brai Investments, LLC, recorded in File No. 2016026723, Official Public Records, Jefferson
County, Texas, and all of a tract of land described in a deed to KEA Rental Properties LLC,
recorded in File No. 2019042039, Official Public Records, Jefferson County, Texas; said 39.73
acre tract being more fully described by metes and bounds as follows,to wit:
Note:Bearings, coordinates, distances and acreage are based on the Texas Coordinate System of
1983, South Central Zone, US Survey Feet, and are referenced to SmartNet, North America.
BEGINNING at a point being the Southeast corner of a(Called 30.6127) acre tract described in a
deed to Valero Partners Lucas, LLC, recorded in File No. 2013039467, Official Public Records,
Jefferson County; said point being on the North line of a tract of land described in a deed to
Jefferson County, recorded in File No. 2016018057, Official Public Records, Jefferson County,
Texas, and Southwest corner of the herein described tract, having a Texas Coordinate of N:
13926348.96, E: 3539222.74;
THENCE, North 30 deg., 53 min., 14 sec., West, on the East line of the (Called 30.6127) acre
tract, a distance of 562.92' to a point for corner, being on the South line of Brai Drive;
THENCE, North 30 deg., 42 min., 25 sec., West, continuing on the East line of the (Called
30.6127) acre tract, crossing said Brai Drive, a distance of 67.31' to a point for corner;
THENCE, North 30 deg., 59 min., 04 sec., West, continuing on the East line of the (Called
30.6127) acre tract, a distance of 311.42' to a ''/2" steel rod, capped and marked"FAUST", found
for the Northwest corner of Tract 3, of said Brai Investments, LLC:
THENCE, North 30 deg., 57 min., 03 sec., West, continuing on the East line of the (Called
30.6127)acre tract,a distance of 568.01'to a 1/2"steel rod found disturbed for the Northwest corner
of KEA Rental Property, LLC Tract, same being the Southwest corner of a tract of land described
in a deed to BCP Diversified, LLC, recorded in File No. 2017015762, Official Public Records,
Jefferson County, Texas; said '/2"steel rod being on a portion of the North line of the existing city
limits line and Northwest corner of the herein described tract;
THENCE,North 59 deg., 01 min., 07 sec., East, a distance of 212.16' to a 'A" steel rod found for
an angle point on the North line of said KEA Rental Properties, LLC Tract;
THENCE,North 58 deg.,29 min.,43 sec.,East,continuing on the North line of said KEA Rental
Property, LLC Tract, a distance of 59.93' to a Y2" steel rod found for the Southwest corner of a
tract of land described in a deed to Triplex Property, recorded in File No. 2018040518, Official
Public Records, Jefferson County, Texas;
THENCE, North 86 deg., 24 min., 43 sec., East, on the common line of said Triplex Properties
and existing city limits line, a distance of 974.81' to a point for corner being the Southeast corner
of said Triplex Properties Tract;
THENCE,North 02 deg., 11min., 16 sec., West, on the East line of said Triplex Properties Tract,
a distance of 165.05' to a point for corner being the Northeast of said Triplex Properties Tract, on
the South line of Lot 27, Beauxart Gardens Subdivision, recorded in Volume 6, Page 62, Map
Records, Jefferson County, Texas;
THENCE,North 86 deg., 22 min., 57 sec., East, on a portion of the South line of said Lot 27 and
Lot 26,of said Beauxart Gardens Subdivision, a distance of 257.51' to a point for corner being an
interior corner of a tract of land described in a deed to Third Coast Equity, LLC, recorded in File
No. 2015007896, Official Public Records, Jefferson County, Texas, same being the Northeast
corner of the herein described tract;
THENCE, South 03 deg., 37 min., 26 sec., East, on a portion of the West line of said Third Coast
Equity,LLC Tract, same being the existing city limits line, a distance of 1632.41' to a 1/2 steel rod
found for the Southwest corner of said Third Coast Equity, LLC Tract, on the North line of said
Jefferson County Tract; said Y2 steel rod being the Southeast corner of the herein described tract;
THENCE,South 86 deg.,27 min.,01 sec.,West,on the North line of said Jefferson County Tract,
same being the South line of said Brai Investments,LLC Tract,a distance of 785.47'to the POINT
OF BEGINNING and containing 39.73 acre of land, more or less.
This description is based on prior Surveys made by Soutex Surveyors & Engineers and does not
represent a current on the ground field survey by Anthony M. Leger,Registered Professional Land
Surveyor No. 5481 on January 24, 2022.
City of Port Arthur
22-0055