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HomeMy WebLinkAboutORD 98-41 ORDINANCE NO. ENTITLED AN ORDINANCE ANNEXING THE HEREINAFTER DESCRIBED TERRITORY TO THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS, AND EXTENDING THE BOUNDARY LIMITS OF SAID CITY SO AS TO INCLUDE THE SAID PROPERTY WITHIN THE CITY LIMITS, AND GRANTING THE SAID TERRITORY AND TO ALL INHABITANTS THEREOF ALL OF THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS; AND BINDING SAID INHABITANTS BY ALL OF THE ACTS AND ORDINANCES OF SAID CITY. WHEREAS, two (2) public hearings were held concerning the proposed annexation of the territory described in Exhibits "A", "B" and "C" attached hereto for all purposes. Said public hearings were held on April 20, 1998 and April 28, 1998. At the public hearings, all interested persons were provided an opportunity to be heard; and, WHEREAS, such public hearings were held not more than forty (40) days nor less than twenty (20) days prior to the institution of annexation proceedings; and, WHEREAS, notices of such public hearings were published in the newspaper having general circulation in the City of Beaumont, Texas not more than twenty (20) nor less than ten (10) days prior to such hearings; and, WHEREAS, the territory lies adjacent to and adjoins the present boundaries of the City of Beaumont, Texas; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: 1. THAT the land and territory lying adjacent to and adjoining the present boundaries of the City of Beaumont, Texas and described in Exhibit "A" attached hereto and made a part i hereof for all purposes, is hereby added and annexed to the City of Beaumont, Texas; said territory shall hereinafter be included within the boundary limits of the City of Beaumont, Texas; the present boundary limits of such City at the various points contiguous to the area hereinafter described in Exhibit "A" are altered and amended so as to include said area within the corporate limits of the City of Beaumont, Texas, such property shall be within Ward 4 for purposes of municipal elections. 2. THAT the land and territory lying adjacent to and adjoining the present boundaries of the City of Beaumont, Texas and described in Exhibit "B" attached hereto and made a part hereof for all purposes, is hereby added and annexed to the City of Beaumont, Texas; said territory shall hereinafter be included within the boundary limits of the City of Beaumont, Texas; the present boundary limits of such City at the various points contiguous to the area hereinafter described in Exhibit "B" are altered and amended so as to include said area within the corporate limits of the City of Beaumont, Texas, such property shall be within Ward 3 for purposes of municipal elections. 3. THAT the land and territory lying adjacent to and adjoining the present boundaries of the City of Beaumont, Texas and described in Exhibit "C" attached hereto and made a part hereof for all purposes, is hereby added and annexed to the City of Beaumont, Texas; said territory shall hereinafter be included within the boundary limits of the City of Beaumont, Texas; the present boundary limits of such City at the various points contiguous to the area hereinafter described in Exhibit "C" are altered and amended so as to include said area within the corporate limits of the City of Beaumont, Texas, such property shall be within Ward 2 for purposes of municipal elections. 4. The described territory in the area so annexed shall be a part of the City of Beaumont, Texas, and the inhabitants thereof, if any, shall be entitled to all the rights and privileges of all the citizens and shall be bound by the acts, ordinances, resolutions and regulations of the City of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont on first reading this the �.:?- day of r , 1998. PASSED BY THE CITY COUNCIL of the City of Beaumont on this the day of %Z—Itv , 1998. kl I�c f� , �` - MAYOR PROTEM - \PASADENA --- .• �, _ - ., LA 4 c• / � O `, SAN DIEGO M. to\ - - / ••lath 3 j oo ♦ tAcr,wtftto f- ik .► • `a�`µrt� .�'t*-�-'. . _-OHM ./� ./ 4 � � � •~•• � ? c `.r.?• :�Y_ .ah.. rl��� i I [ n • t a 3•a ~t t l �` `�_� t��r'ti`:. c.V� Lt• I v: `Yl~'."'a".�i,;'�!'' T i -J �1 *►1(K ,,- `ROAJ) �aY.�C','" ty; .•`C�, aA'.�-`st t' Y�Y1't ti a� a. �':a. Tf^ i•'��ati+•.' 1�hJ/c�4 Ca4�t .tC t;�,V mil,f, �C:�.:;"_ R`•�,'�•,i.(: `�' 4C�aRv,;� — \\ t,77/ft F ♦ m r` c t :�`4���. a`p4•• ..J?+:�Svi4C. T '.}ft4•Llc :'fCA,��• Yc``S�;cl�� �. ti..:Y• r.jti��lc,'`C.f;k`L•tip.- J M'�t. .c�4,• D •..•'t:t"•;C,c'� �� �, +cR rti 1'`L y},�. �..•Yi lA�.:;c •,�N f��'. .Y..tl vq.{ �r� Z ' CORPORATE` ``�y`•G,^ L� t4�L`� �' �. '•`lc•tl�. � Via` .aT,`!"', L I M a� 4`$v t .o...�?; , a--a-r< '�m.:i �.L r^ \: ITS_ �y'��.° ".i.D ,: .; �'�°y��a.�C�.•;',?•�. ._� r��4 t�w,al•.i6 � \ CORPORAtE z 13 rd CM -• � m ca n,C r � c- n O m r �� O ' a LIMITS= m M ORPO ATE �"� �Ar1N � 1 TEA i in z cn O �. D ch O . y ' t M. r. W C r o-i Z. CORPORATE' LIMITS M. r WAR BEM_ eft • CORPORATE'LIMITS ' i Il.lo�r O i, O itKl1YTM .J�__ Area, j. METES AND BOUNDS DESCRIPTION OF 548.66 ACRES IN THE JAMES.ROWE SURVEY TO BE ANNEXED Beginning at a 3/4" iron pipe at a fence corner which marks the northwest corner of the Christian Hillebrandt Survey, Abstract No. 28, and a southwest corner of the James Rowe'Survey, Abstract No. 45, said corner being the southwest corner of the tract herein described and being in the east line of the Samuel Stivers Survey, Abstract No. 51 and in the east line of Tyrrell Park and the city limit line of the City of Beaumont, Jefferson County, Texas; Thence North 86° 30' 56"East along the north line of the C. Hillebrandt Survey and the south line of the Jas. Rowe Survey a distance of 2,536 ft. to a point; thence continuing along the same bearings an additional distance of 1796.48 feet to a point being in the southeast corner of a 4.536 acre tract H-243 conveyed to Drainage District Number 6 by deed of record in Film File Code 103-74-1187 of the Official Public Records of Jefferson County, Texas; Thence North 19' 45' 27" East with the east line of said DD#6 tract a distance of 277.63 feet to a DD#6 marker for a point for corner in the north line of the Eli Andrus Subdivision, plat of which is recorded in Volume 4,Page 186 of the Map Records of Jefferson County, said point also lying in the south line of a 485.143 acre tract conveyed to the City of Beaumont by deed of record in Film Code 100-36-0545 of the Official Public Records of Jefferson County, Texas; Thence North 89° 00' 00" East with the north line of the Eli Andrus Subdivision and the south line of the above mentioned City of Beaumont tract a distance of 3407.64 feet to a point for corner in the northeast corner of Lot 1, Eli Andrus Subdivision, same lying in the west line of the J. A. Veatch Survey, Ab. No. 55; Thence North 01' 09'39" West along the east line of the Jas. Rowe Survey and the west line of the J. A. Veatch Survey a distance of 1,788.5 feet to a point for corner at a found 1" iron pipe; Thence South 88° 46' 55" West a distance of 5,149 ft. to a found 3/4" iron pipe for a point for corner; Thence North 0° 29' 00" East a distance of 1,081.52 ft. to a point for corner at a found concrete monument with a brass disc marking the most westerly northwest corner of a 245.943 acre tract of land annexed into the City of Beaumont on August 27, 1985, by Ordinance No. 85-88, said annexation part of a total annexation by the City of 328.4 acres on said date, said point also being the southeast corner of a 5 acre tract owned by the City of Beaumont and also being in the northeast corner of the 5 acre Milton J. Greenberg tract recorded in Volume 2124, Page 96, Jefferson County Deed Records; Thence north 327 ft. to a point for corner; Thence west 471.97 ft. to a point for corner; Thence north along the city limits line a distance of 2,306 ft. to a point for corner in the south line of the J. W. Bullock Survey, Abstract No. 7, said point lying*in the city limits line; Thence west along the city limits line and the south line of the J. W. Bullock Survey, same being the north line of the Jas. Rowe Survey, a distance of 2,200 ft., more or less, to a point for corner in the east line of the S. Stivers Survey and in the east line of the city limits of Beaumont; Thence south a distance of 5,935 ft:, more or less, to the Place of Beginning, being in the northwest corner of the 2,183.50 acre tract of land lying in the C. Hillebrandt Survey annexed into the City of Beaumont by Ordinance No. 94-29, dated May 24, 1994, said above described tract containing 548.66 acres of land, more or less, being 0.86 square miles. SERVICE PLAN Service Plan for 548.66 acres of land in the James Rowe Survey, Abstract No. 45, Jefferson County, Texas, to be annexed into the City of Beaumont,_Texas. The following basic services as described will be provided upon annexation of the subject uninhabited property: Police Protection: The area falls under Zone 3 for city police patrol duties. Fire Protection:Fire Department Station No. 10 at 3855 Washington Boulevard provides service for the area. Solid Waste Collection: Garbage collection service and other waste and recycling programs will be provided as needed by the City for this site. Private commercial collection is also available. Water Service: There is a 6"water he in Babe Zaharias Drive in Tyrrell Park west of the site and an 8" line from Lafin Road which enters the city's sewer treatment plant north of the subject site. These lines can be extended east and south to serve the area. Wastewater facilities: Sanitary sewers now exist along the east side of Tyrrell Park and major sewers are located at the wastewater/treatment plant located north of and abutting the subject area. These sewers can be extended east and south to serve the area. Storm Drainage: Surface drainage and ditches empty into Drainage District No. 6 ditches#13 (USAN Ditch) and #11 which, in turn, flow into the IHillebrandt Bayou. Storm sewers as part of any subdivision development must meet the specifications of the City Engineer. Maintenance of roads and streets including street lights - There are no dedicated streets within the annexation area. Future streets may be constructed by developers and then will be maintained by the City following normal land subdivision procedures as regulated by city ordinance and state statutes. Street lighting is part of the subdivision process. Maintenance of parks, playgrounds and swimming pools - Any lands intended to be dedicated for public recreational purposes will receive individual review by the Parks Director and by the Planning Division of Public Works to ensure that said recreational development is consistent with the City's Park and Open Space Plan prior to City Council acceptance. Maintenance of publicly owned facilities buildings or services - There are no publicly dedicated facilities within the area to be annexed. Any developed or created in the future will be maintained according to the normal maintenance level provided to all community facilities within the City. «8» 1181HX3 "0 o, 33! N1 3 lV05 OCOZ 0 OOOZ 311lt ]EMI rY9 f i i i 4 , 1� 1 Area 2 .METES AND BOUNDS DESCRIPTION OF TWO TRACTS TO BE ANNEXED Being two (2)tracts of land and water lying in and abutting the westerly side of the Neches River in Beaumont, Jefferson County, Texas, said property being more particularly described as follows: Tract No. One(11: Beginning at a point in the centerline of Pine Island Bayou where it meets and intersects with the western edge of the Neches River;thence in a southerly direction to a point on the right.descending bank at the water's edge of the Neches River; thence continuing in a southerly direction along the right or west descending bank of the Neches River and following it's meanderings down river past the intersection of Pine Street (Collier's Ferry Road), continuing past the intersection of Lawson's Crossing(City Waterworks Canal)and continuing down river along the common eastern edge of the undeveloped Collier's Ferry Park and the western edge of the Neches River to a point for corner in the north right-of-way line of Interstate 11ighway-10; thence east along the north right-of-way line of 1H-10 to a point in the centerline of the Neches River, same being in the jurisdictional line which separates Jefferson County from Orange County; Thence in a northerly direction along-the centerline of the Neches River to a point in the river where the common Jefferson County line and the Orange County line meet and intersect with a southerly jurisdictional line of Hardin County; thence in a northwesterly direction to a point in the centerline of the Pine Island Bayou where it meets and intersects with the western edge of the Neches River, said point being the Place of Beginning, said above described tract containing 230.02 acres of land and water. Tract No. Two (21: Be_inning at a point in a northeast corner of the corporate limits of Beaumont, Texas, said point lying in the northeast comer of the former Halliburton Oil Well Cementing Company tract(sold to the Port of Beaumont 12/19/60 and leased by the Port to the Continental Grain Company 12/18/64), said point being the northwest comer of Mobil Oil Company property, said-point lying thirty feet (30)west of the Mobil Oil Company fence, said point lying on the south and right descending bank of the Neches River and being located in the D. Brown Survey, Ab. No. 5, Beaumont,Jefferson County, Texas; thence north to a point in the centerline of the Neches River, same being in the jurisdictional line which separates Jefferson County from Orange County; thence in a westerly and northwesterly direction along the centerline of the Neches River and following its meanderings upriver to a point opposite the centerline of Brakes Bayou where it intersects with the right bank of the Neches River, thence northwest to the point of intersection of the centerline of Brakes Bayou with the right descending bank of the Neches River,thence following the right descending bank of the water's edge of said river with its meanderings in a southerly, southeasterly, westerly, southerly and in an easterly direction to the place of beginning, said above described tract containing 144.17 acres of land and water. Total acreage of Tracts 1 and 2 = 374.19 acres or 0.585 sq. miles. SERVICE PLAN Service Plan for 374.19 acres of land and water to be annexed into the City of Beaumont, described as two (2) tracts along the west and south banks of the Neches River, including one-half the width of the Neches River abutting the east side of the`present corporate limits of the City. ' NOTE: Those areas along the Neches River north of Pine Street and extending north to the Pine Island Bayou are shown on the City of Beaumont's "Land Use Policies and Proposals Diagram" (map) element of the adopted and current Comprehensive Plan are located within "Non-Urban Areas". These are wetlands, 100-year floodplains,and areas that can nofibe economically served with city utilities. It is proposed that these non-urban areas not be developed to urban intensities. The "non-urban area"also exists along the river south of Pine Street extending to the IH-10 bridge over the river. The FEMA FIRM(maps)for the two tracts to be annexed show the property to lie within the 100- year floodplain and the FEMA floodway maps shown the effected property to lie within the floodway, except for certain areas along the riverbank owned or controlled by the Port of Beaumont, and certain areas along the riverbank between the eastern end of Elizabeth Street at Cypress south to the KCS Railroad Company right-of-way at Gilbert Street. A floodway is described in the Code of Ordinances of the City of-Beaumont, Section 6-30.3, as meaning "the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot." One method of reducing flood losses is to..."Restrict or prohibit land uses that are dangerous to health, safety or property in times of flood, or cause excessive increases in flood heights or velocities." [Section 6-30.2 (1)]. POLICE PROTECTION-For normal police patrol Tract No. 1 is within Zone 1 and Zone 2. The Beaumont Police Department and the Jefferson County Sheriflrs Department jointly own rotary and wed wing aircraft. The aircraft can be used for accessibility to areas not served by roads. Tract No. 2 lies within Zone 3 for police patrol duties. FIRE PROTECTION - Fire Department Station No. 2 serves the area covered by Tract No. 1. Stations No. 1 and No. 11 serve the area covered by Tract No. 2. The Fire Department owns a fire rescue boat for river access. SOLID WASTE COLLECTION - Garbage collection service and other waste and recycling programs are or will be provided as needed by the City. Private commercial and residential collection is also available. 1 WATER SERVICE- ' Tract One (1) - There is a 6" and an 8" water line at the end of Pine Street serving the Beaumont Country Club,Forest Lawn Memorial Park Cemetery and the developed part of Collier's Ferry Park. There are several lines serving the Beaumont Yacht Club on the river just north of IH-10 bridge east of Pine Street. Tract Two(2)-There are several water lines serving the riverfront along the length of Tract 2. From north to south to east the following streets and tracts contain city water lines: Elizabeth, Cypress, Main, the River Front Park, Franklin, Blanchette, Buford, Port of Beaumont, Carroll. These and other lines can be extended to the riverbank. WASTEWATER FACILITIES - Tract One(l)-There is an 8"sanitary sewer in Pine transitioning to a 6" which serves the Beaumont Country Club, Forrest Lawn Memorial Park and Funeral Home and the developed part of Collier's Ferry Park. There is an 8" transitioning to 6" from Pine to Marina Drive to service the Beaumont Yacht Club. Tract Two (2) - There are several sanitary sewer lines that serve or can be extended to serve the riverfront along the length of Tract 2. From north to south to east the following streets and tracts contain city sanitary sewer lines:Elizabeth, Cypress,Main, the River Front Park, Franklin, Blanchette, Buford, Port of Beaumont, Carroll. Any future extensions of water or sanitary sewers into the wetlands along the river would be done by the City of Beaumont, the Port of Beaumont, various state and federal agencies or by private developers under the strict scrutiny of governmental authority. STORM DRAINAGE- Tract One(1)- Surface drainage and ditches empty into Pine Island Bayou, the Neches River, Brakes Bayou and into marsh areas. Tract Two (2) - Storm sewers empty into Brakes Bayou and the Neches River from Elizabeth, Mulberry, Tevis, dedicated easements, Forsythe, City of Beaumont property, College, Gilbert, Franklin, Main, Pearl, Orleans,Riverside Drive,Emmett, Sabine Pass, Verone, the Port of Beaumont and Mobil Oil Company. Several major drainage ditches and bayous within the City limits are maintained and under the supervision of Jefferson County Drainage District No. 6 (DD#6). The City Engineer and the engineers of DD#6 maintain a close and professional relationship in the construction and maintenance of drainage facilities. 2 MAINTENANCE OF PUBLICLY DEDICATED CO UTY FACILITIES= Any existing or proposed facilities will be maintained by the City according to the normal maintenance levels provided to all community facilities within the City. .I�I,AINTENANCE OF ROADS AND STREETS INCLUDING ROAD AND STREET LIGHTING- All existing public streets and roads leading to the riverfront are maintained at levels currently provided for by the Public Works Department of the City. Street lighting is provided as needed. i MAINTENANCE OF PARKS PLAYGROUNDS AND SWIMMING'POOLS Riverfront Park located behind City Hall and the partially developed Collier's Ferry Park accessed from Pine Street and the river are owned and operated by the City. The City parks are already located inside the City limits. The Beaumont Yacht Club has public access from Marina Drive. This is a private/public boat club. The Beaumont unit of the Big Thicket National Preserve may be accessible from Pine Island Bayou and the Neches River. Most of the Beaumont unit is located in Hardin County north of the two tracts to be annexed. The Neches River is a navigable stream with multiple governmental jurisdictions. MAINTENANCE OF PUBLICLY OWNED FACILITIES BUILDINGS OR SERVICES - Any existing or proposed public facilities, structures or services will be maintained and continued according to the normal levels provided to all community facilities within the City. i 3 I I ears Haven 3 r S � .emr..• � .T t 6n W-k.•LA DISHMAN RD. CORPORATE +'h v.y :a L' ; L.. OLADYS �V 14 RICK E. ' T. .,I:• \h'n : ` SN AN AN N AN T, c I�f I'�,11• YC LEN WILLOW Woodow •.I� �.m•a0o. - I � I .�;r• ��.``'�' .� rs it s e' �� . •1�',LJ IW�al �a N ; 1 ARN {�� ON e�ARN_�r I !p v Q' t S_HENANDOAH A .•S .IENVIL LE k� RA .:;��,(•�ri,�:N').a.q <�r.J EV.N.tI,NE V\Q}A�` �r/r" r 1 �WE5TBROCX o>I<O COLLIER vt HIGH WHITE HAL IDAY JACKSON PR \ CORPORATE LIMITS PHELAN BLVD. ROAD '�'• BROVN � —`�j � � SHE — r� 0 � iN 'll,*"l'.9 '1 }y`.�?r i' I•r••t J Pt Or s ' N WTY © ° ••4 r j Z MuR1eIKd Airport S W a it S� I j I �I Flo o K n D©�1---�` • w I ►+ LI .A YDIOYI:�.t 3 � ��i; *v U S HW 90� 1 Y l A14 � 1.A H 19 �—� _ W DE T o k% •" O I ALNAJ w F"OARO mo=w so c a H LAYNE Q y=j O e E : to SHADY u O W tARr i� LANE j cc s. EXHIBIT licit �. RAL NIL I/(f'A• � r (— AN .3 . METES AND BOUNDS DESCRIPTION-'ANNEXATION ' (UPPER POND-C AND BROUSSARD SPOIL AREA) BEING, a 415.92 acre tract of land, said tract lying within the southeast one,.quarter of the A. Houston League,.Abstract 33 in Jefferson County;Texas, said 415.92 acres being more particularly described as follows: BEGINNING at a point in the centerline of Phelan Boulevard, formerly Calder Avenue and Old Sour Lake Road, said point lying 30.00 ft. south of the southwest corner of the Buckner. Baptist Benevolences 86.958 acre tract of land,said point situated on a corporate limit line of the City of Beaumont, and being the southeast corner of the herein described tract of land; THENCE N. 89° 53'W. along the centerline ofPhelan Boulevard a distance of 2691.85 ft. to a point for corner, said point being the southwest corner of the herein described tract and,lying in the east right-of-way line of a 100 ft. wide LNVA fresh water canal; THENCE N. 000 10' 19"E. along the east line of the LNVA canal a distance of 3483.58 ft. to an iron rod for a point; THENCE continuing north along the east line of the LNVA canal a distance of 3425.43 ft. to the south line of the Dishman Road 60 ft. wide ROW for the northwest corner of the herein described tract; THENCE S. 89° 57 33"E. along the south ROW line of said Dishman Road a distance of 2537.01 ft. to an iron rod marking the northeast corner of the herein described tract; THENCE S. Q00 02' 22" E. a distance of 3425.43'to an iron rod for a point; THENCE continuing south along the existing city limits Iine, same being in the west line of Evangeline Meadows Addition, Unit III,as recorded in Vol. 14, Page 110, Map Records of Jefferson County, Texas, a distance of 3486.74 ft. to the PLACE OF BEGINNING, containing 415.92 acres of land, more or less, being 0.65 square miles. SERVICE PLAN Upper Pond-C and Broussard Spoil Ar ea, officially desi g naied by DD#6 as part of"The Meadows" • Stormwater Management Facility Service Plan for 415.92 acres of land, more or less, in the southeast one quarter of the A. Houston League(aka A Huston Survey), Abstract No. 45, Jefferson County, Texas,to be annexed into the City of Beaumont, Texas. The following basic services as described will be provided upon annexation of the subject uninhabited property: Police Protection: This area falls under Zone 2 for city police patrol duties. Fire Protection: Fire Department Stations No. 6 and No. 9 provide fire protection services for this area. Solid Waste Collection: Garbage collection service and other waste and recycling programs will b.e provided as needed by the City for this site. Private commercial collection is also available. Water Service: Water is available to this site from a 6" line in Phelan Boulevard (formerly Calder Avenue and Old Sour Lake Road). Wastewater facilities: An existing 8" sanitary sewer line in Phelan Boulevard can be extended to serve the subject property. Storm Drainage: The south 215.92 acres of this property is a regional stormwater detention basin operated and owned by the Jefferson County Drainage District No. 6. The north 200 acres of the property involved is the spoil area for upper Pond-C and other detention basins. The spoil area is privately owned. The southwest 5 acres of the annexation property is owned by the Lower Neches Valley Authority (LNVA). Should any part of the subject property be developed by subdivision all storm sewer installations would have to meet the specifications of the City Engineer. Maintenance of roads and streets includin street li hts-There are no dedicated streets within the annexation area. Future streets may be constructed by developers and then will be maintained by the City following normal land subdivision procedures as regulated by city ordinance and state statutes. Street lighting is part of the subdivision process. Maintenance of Darks playgrounds and swimming pools -Any lands intended to be dedicated for public recreational purposes will receive individual review by DD#6, the City Parks Director and by the Planning Division of Public Works to ensure that said recreational development is consistent with the City's Park and Open Space Plan prior to City Council acceptance. Maintenance of publicly owned facilities buildings or services - There are no publicly dedicated facilities within the area to be annexed. Any developed or created in the future will be maintained according to the normal maintenance level provided to all community facilities within the City. U.S. Department of Justice Civil Rights Division EJ:DHH:EAM:cly vodns Section DJ 166-012-3 P.O. Boz661.28 98-2631 R'�+a�,Dc 2005-6123 ,r { SEP � September 24 , 1998 Lane Nichols, Esq. City Attorney P.O. Box 3827 Beaumont, Texas 77704-3827 Dear Mr. Nichols : This refers to the annexation (Ordinance No. 98-41) and its designation to Wards 2, 3 , and 4 of the City of Beaumont in Jefferson County, Texas, submitted to the Attorney General pursuant to Section 5 of the Voting Rights Act, 42 U.S.C. 1973c . We received your submission on August 4, 1998 . The Attorney General does not interpose any objection to the specified changes . However, we note that Section 5 expressly provides that the failure of the Attorney General to object does not bar subsequent litigation to enjoin the enforcement of the changes . See the Procedures for the Administration of Section 5 (28 C. F.R. 51 . 41) Sincerely, Elizabeth Johnson Chief, Voting Section