HomeMy WebLinkAboutPO 6291: DISANNEXING THE PROPERTY LOCATED AT 7706 HWY 87, BRIDGE CITY, ORANGE COUNTY, TEXAS P. O. NO. 6291
01/18/13 vrt
ORDINANCE NO.
(FIRST READING)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR DISANNEXING THE PROPERTY
LOCATED AT 7706 HIGHWAY 87, BRIDGE CITY,
ORANGE COUNTY, TEXAS; PROVIDING FOR THE
FOLLOWING: FINDINGS OF FACT, EFFECTIVE DATE,
FILING, SEVERABILITY, AND PROPERTY NOTICE &
MEETING (SAID ORDINANCE REQUIRES TWO
READINGS).
WH EREAS, the City Council of the City of Port Arthur ( "City Council ") seeks to ensure that
those residents of the City of Port Arthur are content and that the City is meeting
those residents' needs; and
WHEREAS, the Rodney and Debra Kay Townsend ( "Townsends ") filed a petition for
disannexation with the City on April 3, 2012; and
WH EREAS, the petition for disannexation was tiled under Texas Local Government Code
Section 43.141 and included the tracts of land which were annexed into the City
in 1997; and
WHEREAS, the City Council passed Resolution No. 12 -182 rejecting the Townsends' petition
for disannexation on May 1, 2012; and
WH EREAS, the Townsends subsequently requested that the City specifically disannex only the
property owned by the Townsends and not any other property included in the
petition for disannexation filed with the City on April 3, 2012; and
WHEREAS, pursuant to Texas Local Government Code Section 43.142 and Article 1, Section
6(B) of the City's Charter, the City Council has broad power by ordinance to
disannex property; and
WH EREAS, the City Council finds that disannexation of the Townsends' property is in the
best interest of the City because the property is located in a remote area with
limited access; and
WH EREAS, the City Council finds that disannexation of the Townsends' property is in the
best interest of the City because providing municipal services is difficult and
costly for the City; and
WHEREAS, the City Council finds that disannexation of the Townsends' property is in the
best interest of the City because the property is used as a residential use and
requires municipal services for that type of use; and
WHEREAS, the City Council finds that disannexation of the Townsends' property is in the
best interest of the City because the property contains only a few residents; and
WHEREAS, pursuant to Resolution 13 -021, the City and the Townsends executed a
Development Agreement governing this property to ensure that the disanexation
of the property is mutually beneficial; 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 Council 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. l'he offic ial 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.
ity of Port Arthur Boundaries
Disannexat:ion
s.po6291 Page 2 of4
4. FILING
A. The City Secretary is hereby instructed to include this Ordinance in the records of the City.
13. 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 submit a Request for Preclearance to US -DOJ in accordance with Section
5 of the Voting Rights Act.
D. The City Attorney must file with the County Clerk a certified copy of the Disannexation
Ordinance along with a legal description of the property.
E. 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.
F. Send by certified 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.
G. The City Secretary is hereby instructed to file a certified copy of this Ordinance with the
Orange County Clerk.
5. SEVERABILITY
11 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
Vv as 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
(:.ode. 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., 2012,
at a Meeting of the City Council of the City of Port Arthur, Texas, by the following vote:
AYES:
Nlav or:
Councilmen bers:
City of Port Arthur Boundaries
Disannexation
s.po629 I Page 3 of 4
•
NOES:
Deloris "Bobbie" Prince, Mayor
ATTEST:
Tit). Secretary
APPROVED AS TO FORM:
1.
- 7
City Attorney
APPROVED FOR ADMINISTRATION:
City Managcr
City of Port Arthur Boundaries
D i sannexation
:..po6291 Page 4 of 4
Exhibit A
Legal Description
ity of Port Arthur Boundaries
Disannexation
,.po6291 Page 5 of 4
EXHIBIT .'A"
3,200 ACRE TRACT
BEGINNING at a point in the present City Limit line of the
:ity of Port Arthur, as described in the City of Port Arthur
Ordinance No. 2540, dated November 4, 1959, said point being
located on the centerline of the Neches River at the
northeasterly extension of the South line of Star Lake out fall
ditch (also being the Texaco Chemical Company outfall canal);
THENCE, in a northeasterly direction along the further
northeasterly extension of said Star Lake outfall ditch for a
distance of 500 feet, more or less to a point on the North bank
of the Veches River, point for corner;
THENCE, in a westerly direction following the North bank of
the Neches River for a distance of 1,500 feet, more or less, to a
point on the East line of the J. M Hatton A -310 Survey in Orange
County, point for corner;
THENCE, North 01 11' 30" West at 58 feet a concrete
monument and at 4572.0 feet a concrete monument and point for
corner, said point being the northeast corner of J. M. Hatton
Survey Abstract 310 Orange County;
THENCE, North 88 51' East 102.8 feet a concrete monument
set for the southeast corner of the J. M. Hatton Survey Abstract
400 in Orange County and point for corner;
THENCE, North 0 45' West 2769.0 feet a concrete monument
set for the southwest corner of the J. M. Hatton Survey Abstract
399 in Orange County and point for corner;
THENCE, North 50 38', 30" East 6745.78 feet to a point for
corner, said point being on the east line of the C.D. Celestine
Sirvej, Abstract 258 and the West line of the William A. Hatton
Survey, Abstract 103;
THENCE, North 00 01' East with the West line of the William
A. Hat'.on Survey, Abstract 103 and the East line of the C.D.
Celest:Ln.e Survey, Abstract 258, 2385.3 feet to a concrete
monument and point for corner, said point being the northwest
corner of the William A. Hatton Survey, Abstract 103 and the
northeast corner of the C.D. Celestine Survey, Abstract 258 and
on the south line of the John C. Kucher Survey, Abstract 124;
T-- FENCE,, South 88 34' East along the south line of the John
C. Kucher Survey, Abstract 124, 114.2 feet to a 2" iron pipe set
in concrete and point for corner, said point being the southeast
corner of the John C. Kucher Survey, Abstract 124 and the
so corner of the John Turner Survey, Abstract 182, said
point also 'being on the North line of the WliliPm A- . Htt , orl
S=vey, Abstract 103;
THENCE, North 01 18 West with the West line of the John
Turner Survey, Abstract 182 and the East line of the John C.
Kucher Survey, 2,244.44 feet to a concrete monument and point for
corner, said point being the northwest corner of the John Turner
Survey, Abstract 182 and the southwest corner of the William
Davis Survey, Abstract 7;
THENCE, North 87 55' East for a distance of 3791.03 feet to
a point for corner;
THENCE, South 01 12' East 1052.9 feet to a point for
corner, said point being the southwest corner of the Edward M.
Wilkinson, et ux tract;
THENCE, North 88 05' East 716.4 feet to a point for corner,
said point being the southeast corner of the Alphonse Cessac, et
us, 24.44 acre tract;
THENCE, South 01 09' 30" East 1501.5 feet to a concrete
monument and point for corner, said point being the southwest
corner of the E. W. Brown, Jr., 39.5 acre tract;
THENCE, South 30 36' West for 1789 feet, more or less to a
point on the East bank of the Entergy Company inlet canal, point
for corner.
MENCE, southerly and southeasterly following the East and
Northerly bank of said Entergy Company canal through the J. M.
Hatton A-401 Survey, the D. C. Bland A-502 Survey, and into the
John H. Forsyth Survey at a point at which the northerly bank of
the said canal intersects the West right-of-way line of Highway
37, point for corner;
THENCE, following the West right-of line of Highway 87
and the southerly extension thereof to the centerline of the
Neches River, for a distance of 7,200 feet, more or less to a
point for corner;
THENCE, westerly, following the centerline of the Neches
River for a distance of 9,000 feet more or less to the POINT OF
BEGINNING of the herein described tract, containing 3,200 acres
more or less, as shown on the attached drawing.
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