HomeMy WebLinkAboutPO 7246: DISANNEXING 11.59ACRES TRACT OF LAND P.O. No. 7246
04/25/2024 ht
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORT
ARTHUR DISANNEXING 11.59 ACRES TRACT OF LAND LOCATED
ALONG STATE HIGHWAY 87 (AKA SOUTH GULFWAY DRIVE) NEAR
THE INTRACOASTAL WATERWAY) FROM 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, on February 9, 2024, the City received notice from landowner, GT
Logistics, LLC formally requesting to disannex 11.59 acre tract of land (consisting of four
parcels) from Port Arthur's Corporate Limits and into the Extraterritorial Jurisdiction
(ETJ)/Industrial District as delineated in Exhibit"A"; and
WHEREAS, on February 27, 2024, Council approved Resolution 24-089 which
authorized proceeding with the voluntary disannexation after finding that the four parcels
were contiguous with the corporate boundaries and that disannexing is valid in
accordance with §43.142 of the Texas Local Government Code and Article I, Section 6 of
the City Charter; and
WHEREAS, on March 5, 2024, Council approved Resolution 24-098, setting two
public hearings dates and providing 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 April 9, 2024 at 6:00 p.m. and April 23, 2024 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 11.59 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 (ETJ/Industrial District) 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.
C. The any refund on amount of money collected in property taxes and fees during
the period that the area was part of the city is hereby waived by landowner.
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 of Port Arthur.
B. The City Attorney is hereby instructed to have the official map of the City of
Port Arthur prepared depicting the new municipal boundaries 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.,
2024, 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.m- M. Black,
Int- im City Attorney
APPROVED FOR ADMINISTRATION:
Ronald Burton, CPM
City Manager
EXHIBIT "A"
Description of Disannexation Area
,-r
0
v
--4
411
' !1 "°0
o
D
� T
n r
q �
4
k y #
f
1 �}
VI
VI
71)1
4401,04&-
it604
jaitm7 +
F,RI!
Im —
4 f °i 3g fi �3 F ;S 9 ff P ! Pg g 3 i. ..,
5i % - 35i r f.Y P3 PP I
F Y, i i ? 112 ie gl 3 "3 SiF ! 5 47 i ;{ S 3Pt FP` „"
111 A KFg F : , . ito ems/r if II P$ m -,Y F 3 IIJ FS !I q
II t t P e Fg i eF.S 211 a 7!, f 1_ _
t 1
Yg F [ Fi FP ; !°!P P s .g
�i! {' .,4 Pi i a 8 i s i i ti i ii P. F.
I
4`F ; jR �F 3tF4 ' 1 3 y;, g 3t fi isifil
r`F li NI 4 33.i !F3 !9 i.i li ! TfP g ' it _ i i, #iF r .e r P31 b Y g !e� a9 = e s;
IP f! tC i :ge °' }ii: a sa g s 3i ! i"i §r`- ' suit FronrAr e3
�F ggE P "g�. '-P ' i sg i _. i, E F5 i �g AKA 9 IN LFIIIAY Ons
S, -5 !�? E 22
3 ¢ ': 92 3 `S = L.e;F (ru..c wa�ras)
ti ! Pe ! .{ . . I 0 a V. € _
it e_4r 3 �t ! f 3 :i ; }} ! `,i
{1 F - S F r• Y S� x Fs
to Y{ - i t i i .F .-.�.4.. �� ---
i FY _MO a y wry WO
11
ar •
1 ----
II
hi
a• •
=
a \
El lik,
# x1 11 11 g
tlf
MUUMUU! 211
\ � ,.
1 i ix 1,-..
\ *e�
liliF
u`
p 4
y�O 4 LacN. �,.
n g, t a .1,114
s age= 55 ® , —J
sAc
.....,„--.-,._ 4 _
__
__ A.,
9 r ,o`sN U
H6
6
TBPE Firm No.F-5755
r `, TBPLS Firm No.10123800
1ttc ' LA EF.0005711
My 3737 Doctors Drive
Port Arthur,Texas 77642
SURVEYORS&ENGINEERS Office(409)983.2004
Fax(409)983.2005
11.59 ACRES OF LAND
OUT OF THE T. & N.O.R.R. SURVEY
SECTION NO. 122,ABSTRACT NO. 486
JEFFERSON COUNTY, TEXAS
BEING 11.59 acres of land out of and a part of the T. & N.O.R.R. Survey, Section No. 122, Abstract
No. 486, Jefferson County, Texas; being all of a (Called 5.4404) acre tract of land described as Tract B-
1, and all of a (Called 5.6696) acre tract of land described as Tract A in a deed to GT Logistics, LLC,
recorded in File No. 2017015787, Official Public Records, Jefferson County, Texas, and all of a (Called
0.4785) acre tract of land described in a deed to GT Logistics, LLC, recorded in File No. 2021022247,
Official Public Records, Jefferson County, Texas; said 11.59 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. These are
measurements of record only and do not represent a current on-the-ground field survey.
BEGINNING at a 2" steel pipe on the Easterly line of a 100' wide Santa Fe Railroad right of way for
the Northwest corner of the (Called 5.4404) acre tract, and the Northwest corner of the herein described
tract; said 2"steel pipe having coordinates of N: 13883774.66, E: 3564047.40;
THENCE, North 65 deg., 52 min., 59 sec., East, on the North line of the (Called 5.4404) acre tract, a
distance of 731.65' to a 2" steel pipe for the Northwest corner of a (Called 2.715) acre tract of land
described in a deed to BJJ Enterprises, LLC, recorded in File No. 2005042372, Official Public Records,
Jefferson County, Texas, the Northeast corner of the (Called 5.4404) acre tract and the most northerly
Northeast corner of the herein described tract;
THENCE, South 24 deg., 08 min., 59 sec., East, on the West line of the (Called 2.715) acre tract, a
distance of 278.36' to a point on the North line of the (Called 5.6696) acre tract, for the Southwest
corner of the (Called 2.715) acre tract and the Southeast corner of the (Called 5.4404) acre tract;
THENCE, North 65 deg., 48 min., 04 sec., East, on the South line of the (Called 2.715) acre tract, and
the North line of the (Called 5.6696) acre tract, a distance of 462.40' to a point in the waters of Port
Arthur West Turning Basin, for the Southeast corner of the (Called 2.715) acre tract, the Northeast
corner of the (Called 5.6696) acre tract, and the most easterly Northeast corner of the herein described
tract;
THENCE, South 45 deg., 49 min., 00 sec., East, on the West line of said Port Arthur West Turning
Basin, a distance of 300.66' to a point in the water for the Southeast corner of the (Called 5.6696) acre
tract, and the most easterly Southeast corner of the herein described tract;
THENCE, South 65 deg., 55 min., 40 sec., West, on the South line of the (Called 5.6696) acre tract, a
distance of 254.14' to a point on the water line of the Port Arthur Turning Basin (September 29, 2020),
for the Northeast corner of the (Called 0.4785) acre tract;
THENCE, Along the meanders of the water line of the Port Arthur Turning Basin (September 29,
2020), the following bearings and distances to points for corner:
South 22 deg., 08 min., 51 sec., West,40.60'
South 16 deg., 03 min., 08 sec., West, 103.52'
South 09 deg., 49 min., 36 sec., West, 42.37'
South 00 deg., 37 min., 32 sec., East, 103.51'
South 18 deg., 20 min., 47 sec., East, 16.32'
South 09 deg., 57 min., 57 sec., West, 24.65'
South 10 deg., 17 min., 59 sec., East, 82.30'
South 18 deg., 53 min., 02 sec., East, 30.13'
South 02 deg., 17 min., 50 sec., West, 34.75'
THENCE, South 07 deg., 19 min., 39 sec., East, continuing along the meanders of the water line of the
Port Arthur Turning Basin (September 29, 2020), a distance of 46.03' to a point for the Southeast corner
of the(Called 0.4785) acre tract, and the most southerly Southeast corner of the herein described tract;
THENCE, South 81 deg., 36 min., 33 sec., West, a distance of 25.74' to a point for the Southwest
corner of the (Called 0.4785) acre tract, and the most southerly Southwest corner of the herein described
tract;
THENCE,North 13 deg., 52 min., 01 sec., West, a distance of 132.62' to a point for corner;
THENCE,North 03 deg., 12 min., 27 sec., West, a distance of 205.93' to a point for corner;
THENCE,North 06 deg., 50 min., 02 sec., East, a distance of 37.46' to a point for corner;
THENCE, North 06 deg., 21 min., 52 sec., West, a distance of 89.18' to a point for corner;
THENCE, North 24 deg., 11 min., 55 sec., West, at 12.21' passing a 1/2" steel rod, capped and marked
"SOUTEX", for the Northwest corner of the (Called 0.4785) acre tract, and the Southeast corner of a
(Called 1.7079) acre tract of land described in a deed to KMTEX, LLC, recorded in File No.
2012024150, Official Public Records, Jefferson County, Texas, and continuing on a westerly line of the
(Called 5.6696) acre tract, and the East line of the (Called 1.7079)acre tract, a total distance of 58.96' to
a 1/2" steel rod, capped and marked "SOUTEX", for the Northeast corner of the (Called 1.7079) acre
tract, and an interior corner of the (Called 5.6696) acre tract;
THENCE, South 65 deg., 52 min., 55 sec., West, on the North line of the (Called 1.7079) acre tract, a
distance of 536.95' to a '/2" steel rod, capped and marked "SOUTEX", for an angle point on the South
line of the (Called 5.6696) acre tract, and the North line of the(Called 1.7079)acre tract;
THENCE, continuing on the North line of the (Called 1.7079) acre tract, on the arc of a curve to the
right, having a radius of 500.00', an arc length of 496.18', a chord bearing of North 85 deg., 24 min., 10
sec., West, a chord distance of 476.07' to a 1/2" steel rod, capped and marked "SOUTEX", on the
Easterly line of said Sante Fe Railroad right of way, for the Northwest corner of the (Called 1.7079) acre
tract, the Southwest corner of the (Called 5.4404) acre tract, and the most Westerly Southwest corner of
the herein described tract;
THENCE, North 21 deg., 38 min., 06 sec., West, on the Easterly line of said Sante Fe Railroad right of
way, and the West line of the (Called 5.4404) acre tract, a distance of 281.57' to the POINT OF
BEGINNING and containing 11.59 acres of land, more or less.
This document was prepared under 22 Texas Administrative Code §138.95, does not reflect the results
of an on the ground survey, and is not to be used to convey or establish interests in real property except
those rights and interests implied or established by the creation or reconfiguration of the boundary of the
political subdivision for which it was prepared.
Prepared by Randall Alvey Creel, Registered Professional Land Surveyor No. 6678.
City of Port Arthur
24-0106
RANDALL ALVEY CREEL
•••1 „: I
6678
+(/;f1?Pp s s +l;.GR''