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MEMORANDUM
To: Mayor, City Council, City Manager
From: Mark T. Sokolow, City Attorney ~~
Date: March 24, 2005
Subject: P. O. No. 5512 - March 29, 2005 Council Meeting
Attached is P. O. 5512 an ordinance amending ordinance
No. 05-07 as it pertains to releasing a portion of the city's
extraterritorial jurisdiction and disannexing a portion of the
City's land along Taylor's Bayou that it had annexed for a
limited purpose in 1913; all as requested by the Taylor's Landing
Homeowners Association
MTS:ts
Attachment
cc: City Secretary
VIA FACSIMILE (713) 655-0222
John Durkay
z. po5 512. memo
03/22/05 bp
ORDINANCE N0.
~ OP,.OINANCE AMENDING 0P. DIHA_NCE N0. 05-0? AS
CITY'S EXTP. ATERRITORIAL ~u~ISDICTION AND
DISANNEXING A PORTION OF THE CITY'S LAND
ALONG TAYLOR'S BAYOU THAT IT HAD ANNEXED FOR
A LIMITED PURPOSE IN 1915; ALL AS REQUESTED
BY THE TAYLOR'S LANDING HOMEOWNER'S
ASSOCIATION
WHEREAS, the City of Port Arthur made a Limited Purpose
Annexation along Taylor's Bayou, as denoted in Ordinance No.
324; and
WHEREAS, the City Council has been requested by the
Taylor's Landing Homeourner's Association to release its
extraterritorial jurisdiction and release a portion of the
Limited Purpose Annexation; and
WHEREAS, the City can disannex, per the procedures denoted
in Section 43.142 of the Local Government Code, and per Article
I, Section 6, of the City Charter; and
WHEREAS, the City Council adopted Ordinance 05-07 which
released a portion of the City's extraterritorial jurisdiction
and disannexed a portion of the City's land along Taylor's Bayou
that it had annexed for a limited purpose in 1913; and
WHEREAS, Ordinance 05-07 was not effective until Taylor's
Landing Homeowner's Association reimbursed the City the costs of
all notices as to the public hearings scheduled for January 4,
z.po5512
2005 and January 18, 2005, (2) the City received a ~No Objection"
letter from the Justice Department, and (3) the date of the
incorporation of a new city in this area as proposed by the
Taylor's Landing Homeowner's Association, whichever was later;
and,
W~EREAS, if these items were not completed by July 15,
2005, then Ordinance No. 05-07 would be null and void; and
W~ERF~S, Taylor's Landing has requested an extension as
noted in Exhibit "A".
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF PORT ARTHUR, TEXAS~
Section 1. That the facts and opinions in the preamble
are true and correct.
Section 2. That the City of Port Arthur grants the
extension request of Taylor's Landing Home Owners
Association.
Section 3. That Ordinance 05-07 will not be effective
until: (1) Taylor's Landing Homeowner's Association reimburses
the City the costs of all notices as to the public hearings
scheduled for January 4, 2005 and January 18, 2005, (2) the City
receives a ~No Objection" letter from the Justice Department,
and (3) the date of the incorporation of a new city in this area
as proposed by the Taylor's Landing Homeowner's Association,
whichever is later. That if these items are not completed or
z .po5512
received by October 1, 2005, then Ordinance No. 05-07 shall be
null and void.
Section 4. That this Ordinance shall be effective
immediately.
Section 5. That a copy of this Ordinance shall be
spread upon the Minutes of the City Council.
READ, ADOPTED AND APPROVED on this day of
, A.D., 2005, at a Special Meeting of the City
Council of the City of Port Arthur, Texas, by the following
vote: AYES: Mayor , Councilmembers ;
;
;
NOES:
OSCAR ORTIZ, MAYOR
ATTESTs
CITY SECRETARY
APPROVED AS TO FORMs
CITY ATTORIgEY
APPROVED FOR ADMINISTRATIONs
CITY MANAGER
z.po5512
EXHIBIT "A"
RECEIVEI
MEHAFFYWEBER
A PROVE$SIONAL CORPORATION
AWORNEYS AT LAW LEGAL DEPARTMENT
JOHN J. DU~AY 2615 CALDER AVENUE s~ D~LAS, SUI~ 12~
JohnDurkay~meha~we~r,com POST OFFICE BOX 16 HOUSTON, T~X~S ~7~
TELEPHONE (409) 835-5011 ~ (~1~) 655-02~
FAX (409) 835-5177
(409) 835-5729
March 18, 2005
Re: Taylor Landing
Hon. Oscar Ortiz, Mayor
City of Port Arthur
P. O. Box 1089
Port Arthur, TX 77641-1089
Dear Mayor Ortiz:
The day after the City Council approved the resolution authorizing the residents to
petition for incorporation of Taylor Landing, I filed a petition on their behalf with the Jefferson
County Judge.
Because of a number of engineering issues which had to be resolved by the County,
including confirmation of actual residents and certification of the list of registered voters eligible
to vote on the issue, we are now past the time deadline for order of elections to the County Clerk,
a 62 day period.
The Port Arthur City Council resolution required incorporation by May 7, 2005, which
will now be impossible. I respectfully request that the City Council consider a one time
extension to the September official voting date, September 10, 2005. I will ask the County Judge
to proceed with the election hearing, pending City Council action, so that unqualifiedly no
further extensions will be required. I understand the significant additional effort the City of Port
Arthur must undertake in connection with this request and convey the appreciation of the Taylor
Landing residents for your consideration of this request.
By copy to the City Attorney, I am asking him to relay to me what additional steps I will
need to take in order that the City take this request under consideration.
DURKAYJ 681573_1
MEHAFFY WEBER
March 18, 2005
Hon. Oscar Ortiz Page 2
Very truly yours,
For the Firm
DURKAYJ 681573_1