HomeMy WebLinkAboutPO 7191: DISANNEXING A 17.97-ACRE TRACT OF LAND P.O. No. 7191
10/23/23 ht
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORT
ARTHUR DISANNEXING A 17.97-ACRE TRACT OF LAND LOCATED
ALONG WEST PORT ARTHUR ROAD AND VITERBO ROAD IN THE
CORPORATE BOUNDARIES OF PORT ARTHUR, JEFFERSON
COUNTY, TEXAS; PROVIDING FOR THE FOLLOWING: FINDINGS
OF FACT, EFFECTIVE DATE, FILING, SEVERABILITY, AND PROPER
NOTICE & MEETING
WHEREAS, the landowner of a 17.97-acre tract of land located near West Port
Arthur Road and Viterbo Road requested the City of Port Arthur to disannex the land (see
the description attached hereto as Exhibit "A"); and
WHEREAS, on August 29, 2023, Resolution 23-354 authorized proceeding with
the voluntary disannexation of the 17.97-acre tract at the landowner's request; and
WHEREAS, on September 26, 2023, Resolution 23-394 set two public hearings
dates and provided written notices to property owners, railroads and public and private
entities for the proposed disannexation; and
WHEREAS, pursuant to Section 43.063(c) of the Texas Local Government Code,
public hearings notices for the disannexation were published on the City's website and in
the local newspaper and held on October 24, 2023 at 6:00 p.m. and November 7, 2023
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 17.97-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
description of the ro e
Disannexation Ordinance along with a legald p p p rty.
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.,
2023, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the
following vote: AYES:
Mayor:
Councilmembers:
NOES:
Thurman Bartle,
Mayor
ATTEST:
Sherri Bellard,
City Secretary
APPROVED AS TO FORM:
Valecia R. izeno
City Attorney
APPROVED FOR ADMINISTRATION:
Ronald Burton,
City Manager
EXHIBIT "A"
Description of Disannexation Area
City of Port Arthur - Proposed Disannexation
Northeast Corner of West Port Arthur Rd & Viterbo Rd.
Owner: Jefferson County
Property ID: 74079
Legal Desc: Tract 1-A. Replat of Lots 1 & 2, Tract 1, Lot 3
Tract 2, Blockl8, Range M, PALCO
Acres: 17.97 acres
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