HomeMy WebLinkAboutPO 6316: FIRST READING FOR ANNEXATION P. R. NO. 6316
04/24/13 gt
ORDINANCE NO.
(FIRST READING)
AN ORDINANCE OF THE CITY OF PORT ARTHUR, TEXAS, TO ANNEX
ADJACENT AND CONTIGUOUS TERRITORY INTO THE INCORPORATED
MUNICIPAL BOUNDARIES OF THE CITY OF PORT ARTHUR, TEXAS
INCLUDING THE FOLLOWING: FINDINGS OF FACT; EFFECTIVE DATE; A
REPEALER; SEVERABILITY; AND PROPER NOTICE AND MEETING.
WHEREAS, Section 43.021 of the Texas Local Government Code authorizes a home -rule
municipality to extend the boundaries of the municipality and annex area adjacent to
the municipality in accordance with the municipality's charter and with the
procedural rules prescribed by Texas Local Government Code Chapter 43; and
WHEREAS, the City is a home -rule municipality with the rights and privileges thereto; and
WHEREAS, Section Article 1 Section 6 of the City of Port Arthur Charter provides that the City
Council shall have the power, by ordinance, to fix and change the bounds and limits
of the City of Port Arthur, and to provide for the extension of said bounds and limits
and the annexation of additional territory lying adjacent to the City of Port Arthur
with or without the consent of the territory and the inhabitants thereof; and
WHEREAS, the City Council has conducted two public hearings regarding annexation of the area
and has provided all required notices within the timeframes established under
Chapter 43 of the Texas Local Government Code; and
WHEREAS, the City has prepared a service plan for the area to be annexed in accordance with
Section 43.065 of the Texas Local Government Code providing for full municipal
services to such area, which service plan was made available to the public; and
WHEREAS, the City Council deems it to be in the best interest of the citizens of the City to annex
said territory into the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PORT ARTHUR, TEXAS:
s.po6316
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. ANNEXATION OF TERRITORY
A. The area described in Exhibit "A ", which is attached hereto and incorporated herein for all
purposes, is hereby annexed and brought into the municipal boundaries (i.e., corporate limits) of
the City of Port Arthur, and is made an integral part, hereof
B. The official map and boundaries of the City of Port Arthur are hereby amended and revised so as
to include the area annexed.
C. A service plan prepared in accordance with applicable provisions of state law pertaining to
annexation is attached hereto as Exhibit "B" and incorporated herein for all intents and
purposes.
D. The owners and inhabitants of the area herein annexed are entitled to all of the rights and
privileges of other citizens of the City of Port Arthur and are hereby bound by all acts,
ordinances and other legal actions now in full force and effect and those that may be hereafter
adopted or enacted.
3. EFFECTIVE DATE
This ordinance is effective and the annexation 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 and
to have maps depicting the new municipal boundaries prepared, as necessary.
B. The City Secretary is hereby instructed to file a certified copy of this Ordinance with the
Jefferson County Clerk.
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 5 day of February A.D., 2013, at a Meeting of
the City Council of the City of Port Arthur, Texas, by the following vote: AYES:
Mayor:
Councilmembers: ;
I ;
NOES: .
Deloris "Bobbie" Prince, Mayor
ATTEST:
City Secretary
APP OVED S TO FORM:
\((k_t i - -0
City Attorne ,/
APPROVED FOR ADMINISTRATION:
City Manager
EXHIBIT "A"
DESCRIPTION OF AREA TO BE ANNEXED
•
Fittz & Shipman
INC
Consulting Engineers and Land Surveyors
TRACT 1
FIELD NOTE DESCRIPTION
FORA
12.04 ACRE TRACT
OUT OF THE
T. & N.O.R.R. SURVEY, ABSTRACT 258
JEFFERSON COUNTY, TEXAS
JANUARY 15, 2008
That certain 12.04 acre tract out of the T. & N.O.R.R. Survey, Abstract 258, Jefferson County,
Texas, and being out of a called 51.0068 acre tract conveyed to Port Arthur Materials, Ltd. as
recorded in Clerks Fite No. 2003027758 of the Official Public Records of Jefferson County,
Texas, said 12.04 acres being more particularly described by metes and bounds as follows:
Note: The Basis of Bearing is the westerly right-of-way line of West Port Arthur Road and the
easterly line of the said 51.0068 acre tract having been called South 28 °17'23" East 496.44 feet.
COMMENCING at a 5/8" iron rod found in the westerly right -of -way line of West Port Arthur
Road for the northeast comer of a tract conveyed to Austin and Brenda Pool as recorded in
Clerks File No. 2001032436 of the Official Public Records of Jefferson County, Texas and the
most easterly southeast comer of the said 51.0068 acre tract;
THENCE North 28 °17'23" West along the said westerly right -of -way line of West Port Arthur
Road and the said easterly line of the 51.0068 acre tract a distance of 45.54 feet (called North
28 °17'23° West) to a 1 /2" capped iron rod set for the southeast comer of the said 12.04 acre tract
and the POINT OF BEGINNING;
THENCE South 69 °14'53" West along the southerly line of the said 12.04 acre tract a distance
of 940.52 feet to a /" capped iron rod set for the southwest comer of the said 12.04 acre tract;
THENCE North 54 °13'26" West along a westerly line of the said 12.04 acre tract a distance of
203.02 feet to a W capped iron rod set for an angle point;
THENCE North 00 °16'55" West along a westerly line of the said 12.04 acre tract a distance of
523.49 feet to a %= capped iron rod set for an angle point;
THENCE North 41 °17'04" East along a northwesterly line of the said 12.04 acre tract a distance
of 48.21 feet to a %" capped iron rod set for the northwest comer of the said 12.04 acre tract
THENCE North 89 °19'09" East along the northerly line of the said 12.04 acre tract a distance of
824.00 feet to a W capped iron rod set in the said westerly right - of-way line of West Port Arthur
Road and the said easterly line of the said 51.0068 acre tract for the northeast comer of the said
12.04 acre tract from which a 5/8" iron rod found for the northeast comer of the said 51.0068
acre tract bears North 28 °17'23" West 46.56 feet (called North 2817'23" West);
rift & Shipman, Inc
Page 1 of 2
Project No. 08215.0001
Plat, Description & Report
1405 Cornerstone Court,. Beaumont, Texas 77706 • (409) 832 -7238 • fax (409) 832 -7303
THENCE South 28 °17'23" East along the said westerly right-of-way line of West Port Arthur
Road and the said easterly line of the 51.0068 and 12.04 acre tracts a distance of 403.09 feet
(called South 28°17'23" East) to the POINT OF BEGINNING and containing 12.04 acres of
land, more or less.
This Field Note Description is based on a survey performed by Fittz & Shipman, Inc. on January
11, 2008.
Zil‘a
Walter J. Ksiazek 1 .
Registered Professiona Land Surveyor No. 5321 i ! rz ,�r„ �; ?n
ktt. ` 4 •
:In„
WifiLiER J. KSI ZIA
- + "d�/:IIFK.T!'NOEEId7l4Bl t:b�r•S7
Fitts & Shipman, Inc.
Page 2 of 2
Project No. 08215.0001
Plat, Description & Report
TRACT S
PORT ARTHUR MATERIAL LTD TRACT
0.9973 ACRE OF LAND
PART OF THE T. & N.O.R. ,' . SURVEY, u:.LSTRACT NO. 258,
JEFFERSON COUNTY, TEXAS
BEING 0.9973 acre of land out of and a part of the T. & N.O.R.R. Survey, Abstract No. 258,
Jefferson County, Texas, being part of a (Called 51.0068) acre tract conveyed to Port Arthur
Material Ltd, recorded in File No. 2003027758, Official Public Records, Jefferson County,
Texas; said 0.9973 acre tract being more fully described by metes and bounds as follows, to
wit:
BEGINNING at a 1/2" steel rod, capped and marked "F &S ", for the most Westerly
Southwest corner of a (Called 12.04) acre tract of land conveyed to Stirrup Real Estate, LLC,
recorded in File No. 2008004673, Official Public Records, Jefferson County, Texas; said Y2"
steel rod being the most Southerly Southeast corner of the herein described tract;
THENCE, South 89 deg., 00 min., 47 sec., West, a distance of 33.43' to a point for corner on
the existing city limit line described in Ordinance 97 -24; said point for corner being the
Southwest corner of the herein described tract;
THENCE, North 00 deg., 59 min., 13 sec., West, on the existing city limit line, a distance of
599.01' to a point for corner on the South line of a (Called 14,28) acre tract of land known as
Tract 2, conveyed to Knauth Road Properties, L.L.C., recorded in File No. 2007008548,
Official Public Records, Jefferson County, Texas; said point being on the North line of the
(Called 51.0068) acre tract and being the Northwest corner of the herein described tract;
THENCE, Deed Line = North 89 deg., 07 min., 53 sec., East, on the common line of the
(Called 51.0068) and (Called 14.28) acre tracts, same being the existing city limit line, a
distance of 550.68' to a point for corner being the Northeast corner of the herein described
tract;
THENCE, South 00 deg., 52 min., 07 sec., East, a distance of 41.31' to a point for corner on
the North line of the (Called 12.04) acre tract; said point for corner being the most Easterly
Northeast corner of the herein described tract;
THENCE, South 89 deg., 19 min., 09 sec., West, on the North line of the (Called 12.04) acre
tract, a distance of 478.30' to a %2" steel rod, capped and marked "F &S ", for corner;
THENCE, South 41 deg., 17 min., 04 sec., West, continuing on the North line of the (Called
12.04) acre tract, a distance of 48.21' to a '/2" steel rod, capped and marked "F &S ", for
corner;
THENCE, South 00 deg., 16 min., 55 sec., East, on the West line of the 12.04 acre tract, a
distance of 523.49' to the POINT OF BEGINNING containing 0.9973 acre of land, more
or less.
This description is based on Plat and Deed information only and does not represent a current
field survey. Anthony M. Leger, Registered Professional Land Surveyor No. 5481, on
January 29, 2013.
CITY OF PORT ARTHURLS -12 -0736
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EXHIBIT "B"
ANNEXATION SERVICE PLAN
FOR PROPERTY ANNEXED BY ORDINANCE NO.
CITY OF PORT ARTHUR, TEXAS
- - 1
PROPOSED SERVICE PLAN
TRACT I
TRINITY INDUSTRIAL SERVICES, LLC
13151 WEST PORT ARTHUR ROAD, PORT ARTHUR, TX 77640
12.04 ACRE TRACT OUT OF THE T. & N. O. R. R. SURVEY, ABSTRACT NO. 258
TRACT H
PORT ARTHUR MATERIAL LTD
0.9973 ACRE OF LAND PART OF THE T. &.N.O.R.R. SUIRVEY, ABSTRACT NO. 258
1. INTRODUCTION
This service plan (plan) is made by the City of Port Arthur, Texas (City) pursuant
to Section 43.056 of the Local Government Code.
11. TERM
This plan shall be in effect for a term of ten (10) years commencing on the
effective date of annexation of the tract. Renewal of this plan shall be at the
option of the City. Such option may be exercised by the adoption of an
ordinance by the City Council, which refers to this plan and specifically renews
this plan for a stated period of time.
III. SERVICE PROGRAM
A. In General. This plan includes two service programs: (1) Early Action Program
and (2) Capital Improvement Program.
B. Scope and Quality of Services. Services under this plan shall equal or exceed
the number of services or level of services in existence in the tract prior to
annexation. However, it is not the intent of this plan to require that a
uniform level of services be provided to all areas of the City (including the
tract) where differing characteristics of topography, land utilization and
population density are considered as a sufficient basis for providing different
levels of service.
C. Definitions.
1. As used in this plan, providing services includes having services provided
by any method or means by which the City extends municipal services to
any other area of the City. This may include causing or allowing private
utilities, governmental entities, other public service organizations to
provide such services, in whole or in part.
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2. As used in this plan, the phrase "standard policies and procedures"
means those policies and procedures of the City applicable to a particular
service which are in effect either at a time that a service is requested or
at a time that the service is made available or provided. The policies or
procedures may require that a specific type of request be made, such as
an application or a petition. They may require that fees or charges be
paid and may include eligibility requirements and similar provisions.
D. Early Action Programs
1. Statutory Services. The statutory services will be provided within sixty
(60) days after the effective date of this plan, except as otherwise
indicated.
a. Police Protection. The Police Department of the City will provide
protection and law enforcement in the tract. These activities will
include normal patrols and responses and the handling of complaints
and incident reports.
b. Fire Protection. The Fire Department of the City will provide fire
protection in the tract.
c. Solid Waste Collection. No residential collection services are
anticipated, inasmuch as the tract includes no residences. Non-
residential service and future residential service will be governed by
standard policies and procedures.
d. Maintenance of Water and Wastewater Facilities. As indicated in the
Capital Improvement Program, below, it is not necessary to acquire or
construct any public water or wastewater facilities initially, so there
are none to be maintained. Should any extensions be made within
the tract, normal maintenance services will be provided.
e. Maintenance of Roads and Streets (including lighting). The City will
provide maintenance of roads and streets over which the City will
have jurisdiction.
f. Maintenance of Parks, Playgrounds and Swimming Pools. As
indicated by the Capital Improvements Program, it is not necessary to
acquire or construct such facilities in this tract, so there are none to
be maintained. Should any such facilities be constructed by the City
within the tract, the Parks and Recreation Department will provide
maintenance services for them.
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g. Maintenance of any other Publicly Owned Facility, Building or Service.
As indicated by the Capital Improvement Program it is not necessary
to acquire or construct any such buildings or facilities within the tract,
so there are none to be maintained, and there are no other publicly
owned services to which such maintenance would apply. Should any
such facilities, building or services be constructed or located by the
City within the tract, an appropriate City department will provide
maintenance services for them.
2. Additional Services. Certain services, in addition to statutory services,
will be provided within the tract to the same extent they are provided to
similar territories elsewhere in the City, including:
a. Library services from existing and future facilities in accordance with
standard policies and procedures.
b. Health services in accordance with standard policies and procedures.
c. Other City services, to the extent applicable to persons or properties
within the tract, in accordance with standard policies and procedures.
E. Capital Improvement Program. The City will initiate the construction or
acquisition of capital improvements necessary for providing municipal
services for the tract. Those improvements which are necessary are
indicated below, and any necessary construction or acquisition shall begin
within two (2) years and be substantially complete within four and one -half
(4 % ) years of the effective date of this plan, except as otherwise indicated.
1. Police Protection. Police protection for the tract can be provided by
using existing capital improvements.
2. Fire Protection. Fire protection for the tract can be provided by using
existing capital improvements. The closest existing fire station is located
at 2232 Canal Street (Station No. 3). Additional capital improvements are
not necessary at this time to provide fire protection to the tract.
However, the tract will be included with other territory in connection
with planning for new, revised or expanded fire - fighting facilities.
3. Solid Waste Collection. No capital improvements are necessary at this
time to provide solid waste collection services within the tract as
described in the early action program. However, the tract will be
included with other territory in connection with planning for new, revised
or expanded solid waste facilities.
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4. Water and Wastewater Facilities. Inasmuch as this tract is served by
private water and wastewater facilities, no public water or wastewater
facilities are necessary at this time. Future extensions of public water or
wastewater facilities will be covered by standard policies and procedures,
and the tract will be included with other territory in connection with
planning for new, revised or expanded water and waste wastewater
facilities.
5. Roads and Streets (including lighting). In general, the City will acquire
dominion, control and jurisdiction in, over and under public streets and
roads within the tract subject to the jurisdiction of other government
entities. Additional streets and roads or related facilities are not
necessary to serve the tract. Future extensions of roads or streets and
future installation of related facilities such as traffic control devices or
streetlights will be governed by standard policies and procedures. The
tract will be included with other territory in connection with planning for
new, revised and widened or enlarged roads, streets or related facilities.
6. Parks, Playgrounds, and Swimming Pools. These services can be provided
by using existing capital improvements. The closest existing facilities are
at Montrose Park and Washington Park. Additional capital improvements
are not necessary at this time to provide such services to the tract.
However, the tract will be included with other territory in connection
with planning for new, revised or expanded parks, playgrounds and
swimming pools.
7. Other Publicly Owned Facilities, Buildings or Services: Additional Services.
In general, other City functions and services, and the additional services
described above, can be provided to the tract by using existing capital
improvements. Additional capital improvements are not necessary to
provide them. However, the tract will be included with other territory in
connection with planning for new, revised or expanded facilities.
IV. AMENDMENT: GOVERNING LAW
This plan may not be amended or repealed except as provided by the act or
other controlling law. Neither changes in the methods or means of
implementing any part of the service program nor changes in the
responsibilities of the various departments of the City shall constitute
amendments to this plan and the City reserves the right to make such changes.
This plan is subject to, and shall be interpreted in accordance with, the act, the
Constitution and laws of the Federal Government of the United States of
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America and the State of Texas, and the orders, rules and regulations of
Governmental bodies and officers having jurisdiction.
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