HomeMy WebLinkAboutResolution - 2024-R0337 - Special City Election, Nov. 5, 2024, Highland Oaks Annexation, 374.74 Acres - 07/23/2024Resolution No. 2024-RO337
Item No. 7.4
July 23, 2024
RESOLUTION AND ORDER
FOR
SPECIAL CITY ELECTION
WHEREAS, in accordance with Texas Local Government Code Chapter 43, subchapter C-5,
representatives of more than fifty percent of the owners ( the "Highland Oaks Homeowner's
Association") of an area of developed real property with a population of more than 200 located
outside the corporate limits of the City and commonly known as the Highland Oaks
Subdivision (the "Area"), in order to address widespread and persistent water shortages, have
requested annexation into the City of Lubbock (the "City"). A map of the Area is included in
Exhibit A, which is attached and incorporated as a part of this resolution; and
WHEREAS, the City does not currently have any existing legal obligation to provide any
governmental services to the Area, including no legal obligation to provide any water services
to the Area; and
WHEREAS, on June 11, 2024, the City Council of the City of Lubbock (the "City Council")
adopted Resolution No. 2024-RO291, stating the City's intent to annex the Area, describing in
detail the area to be annexed and describing the municipal services that will be provided and
when such services will be provided in conformance with Section 43.0692 of the Texas Local
Government Code; and
WHEREAS, the Highland Oaks Homeowner's Association, in anticipation of the Area being
annexed, has also proposed that the City, after said annexation is finalized, create a Public
Improvement District with identical boundaries of the Area, for the purposes of levying an
assessment on all properties located therein, in amounts sufficient to service and retire all
bonded indebtedness incurred in such district to finance the construction of infrastructure
necessary for the City to provide water service to the Area; and
WHEREAS, on June 17, 2024, the City of Lubbock sent notification to each property owner
within the Area in conformance with Texas Local Government Code Section 43.0693; and
WHEREAS, the City held public hearings on July 9, 2024, and July 23, 2024, regarding the
City's intent to annex the Area in conformance with Texas Local Government Code Section
43.0694(a); and
WHEREAS, in accordance with Texas Local Government Code Section 43.0696, the question
of annexing the Area will be placed before the voters of the Area in a special election at the
next available uniform election date, which is November 5, 2024; NOW THEREFORE:
BE IT RESOLVED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF
LUBBOCK:
SECTION 1. THAT Special City Election is ordered be held on November 5, 2024 for the
Area under the applicable provisions of the Texas Election Code, the Lubbock City Charter and
City ordinances. Only the voters registered in the Area described in the ballot language may
vote on the issue of annexation of the Area. The ballot for voters in the Area will contain the
proposition labeled "Proposition A", regarding the annexation of the Area into the City.
SECTION 2. THAT the ballot for said Special City Election shall have the following
proposition:
PROPOSITION A
SHALL THE CITY OF LUBBOCK (THE CITY) ANNEX
APPROXIMATELY 374.74 ACRES COMMONLY KNOWN AS THE
HIGHLAND OAKS SUBDIVISION AND LOCATED WITHIN AN AREA
LOCATED SOUTH OF 146TH STREET (F.M. 7500), EAST OF
FRANKFORD AVENUE, NORTH OF WOODROW ROAD (F.M. 7600),
AND WEST OF SLIDE ROAD (F.M. ROAD 1730), (THE AREA), THEREBY
TO INCLUDE THE AREA INSIDE THE FULL PURPOSE CITY LIMITS OF
THE CITY, RESULTING IN THE CITY PROVIDING MUNICIPAL
SERVICES IN ACCORDANCE WITH TEXAS LOCAL GOVERNMENT
CODE SECTION 43.0692; THE AREA SHALL BE SUBJECT TO THE
JURISDICTION, LAWS, AND REGULATIONS OF THE CITY; AND THE
CITY SHALL IMPOSE A PROPERTY TAX EACH YEAR ON ALL
PROPERTY IN THE AREA AT THE SAME RATE THAT IS IMPOSED ON
OTHER PROPERTY IN THE CITY.
AGAINST:
SECTION 3. THAT said City special election shall be held at the places in the Area
hereinafter designated as voting precincts and in the voting places designated in Exhibit B
hereto, as may be amended by the Election Order signed by the Mayor. Voting places shall be
open from 7:00 a.m. to 7:00 p.m., and all electors within the Area shall vote a ballot appropriate
for the precinct of their residence at any Countywide Polling Place (Vote Center) shown on
Exhibit B, as provided for in Section 43.007 of the Texas Election Code.
SECTION 4. THAT an accessible electronic voting system shall be used for this election,
including early voting. At least one accessible voting device approved and certified by the
Texas Secretary of State shall be provided in each polling place and in every polling location
used to conduct said City special election. Said approved and certified accessible electronic
voting system shall be supplied for said City special election by Lubbock County, acting by and
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through its Elections Administrator. The sealed ballot box procedure established by Subchapter
C, Chapter 127, Texas Election Code, shall be used for this election.
SECTION 5. THAT the persons named in Exhibit B, as may be amended by the Election
Order signed by the Mayor, hereto are hereby appointed Judges and Alternate Judges to
conduct said Special City Election on November 5, 2024. In the event any named person is
unable to serve for any reason, the City Secretary of the City of Lubbock is hereby authorized
and directed to make such substitutions as may be required and to amend Exhibit B hereto as
required. Each Presiding Judge so named is authorized to appoint the number of clerks
authorized by the City Secretary of the City of Lubbock, which number shall not be less than
two (2) clerks or more than six (6) clerks. The Alternate Judges shall serve as Presiding Judges
in the event that the regularly appointed Presiding Judge is unable to serve. The Alternate
Judges shall be appointed by the Presiding Judge to serve as one of the clerks in the event that
the regularly appointed Presiding Judge conducts the election.
SECTION 6. THAT early voting by personal appearance shall commence on October 21,
2024, and end on November 1, 2024. Said early voting shall be conducted at the locations,
days and hours indicated on Exhibit C, as may be amended by the Election Order signed by the
Mayor, hereto; and Early Voting Clerk shall be:
Roxzine Stinson
Office of Elections
1308 Crickets Avenue
Lubbock, TX 79408
Telephone 806-775-1338
SECTION 7. THAT the Mayor, assisted by the City Secretary, is hereby authorized and
directed to give notice of this Special City election as required by law in the notice and order
of election (the "Election Notice and Order") (see Exhibit D attached hereto).
SECTION 8. THAT the City Secretary of the City of Lubbock is hereby ordered to cause
publication of this Resolution ordering the Special City election in a newspaper of general
circulation at least once no earlier than the 301" day nor later than the 101" day before election
day. In addition, a copy of this Resolution shall be posted not later than the 2 1 " day before
election day on the bulletin board used for posting notices of meetings of the governing body
and a notice of consolidation shall be posted prior to the day of the election at any polling
places not consolidated at the last previous election, which notice shall indicate the precinct of
consolidation and the location of the new polling place.
SECTION 9. THAT the City Secretary shall serve a duly certified copy of this Resolution and
the Election Notice upon each of the Presiding Judges named in Exhibit B, as may be amended
by the Election Order signed by the Mayor, not later than the 71h day after the signing of this
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Resolution or the 151h day before Election Day, whichever is later. In addition, the City
Secretary shall deliver a certified copy of this Resolution and the Election Notice on the County
Clerk not later than the 601h day before election day.
SECTION 10. THAT the Mayor is hereby authorized to sign the Election Notice and Order,
which is hereby incorporated and attached herein for all purposes, as Exhibit D. Further, in the
event any voting places designated in Exhibit B are required to be changed or any named
person in Exhibit B is unable to serve for any reason, the Mayor is hereby authorized and
directed to make such substitutions as may be required and to amend Exhibit B by amending
the Election Order hereto to indicate such change. In addition, if the early voting locations and
times indicated on Exhibit C are required to be changed, the Mayor is hereby authorized and
directed to make such substitutions as may be required and to amend Exhibit C by amending
the Election Order hereto to indicate such change.
SECTION 11. THAT this Resolution shall become effective upon passage by the City Council
of the City of Lubbock.
Passed by the City Council on July 23 , 2024.
A TEST:
Courtney Paz, Ci y Secre ary
A PROVED AS TO C TENT:
Courtney Paz, City Secre
APPROVED AS TO FORM:
oo
A ims, Deput rty Attorney
yT YAR-KW. MCBRAYER, MAYOR
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Exhibit A (Anexo A)
N Proposed Annexation of Highland Oaks Subdivision
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fr� 1301XrT rrn,se°s and a Portion of Frankford Ave
oa
Located within Section 7, Block AK
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'14 WST C R 7500'
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z � Proposed Annexation
t _ 374.74 Acres
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C R 7540
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U CR 75�70 I � I
INSIDE C--ITY LIMITS
OUTSIDE C-ITY LIMITS WOO�ROW R� _
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0 500 1,000 2,000 3,000 4,000 5,000
Feet fUibbo6k
As required by Chapter 2051, Geospatial Data Products of the Government Code, this product is for informational purposes
and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. it does not represent an
on -the -ground survey and represents only the approximate relative location of property boundaries. Digital Orthophotography - May 2023
Resolution No. 2024-RO337
Exhibit B (Anexo B)
November 5, 2024 Lubbock County General and Special Elections
(Elecciones generales y especiales del condado de Lubbock 5 de noviembre de 2024)
Vote Center Locations
(Lugares de Centros de Votacidn)
Tuesday, November 5, 2024
(martes, 5 de noviembre de 2024)
7:00 A.M. — 7:00 P.M.
***American Sign Language Interpreters available * **Interpretes de Lenguaje de Senas disponibles
*The list of Election Day voting locations is still being finalized.
Exhibit B (Anexo B)
Election Day
Judges & Alternate Judges
November 5, 2024 Lubbock County General and Special Elections 7:00 a.m. to 7:00 p.m.
This list is To Be Determined.
Sections 85068 November 5 2024 Lubbock County General and Special Elections EzhibilCAnezoC
V.T.C.A., Electionction CoCodee �
(Elecciones generales y especiales del condado de Lubbock 5 de noviembre de 2024 )
NOTICE OF EARLY VOTING
AVISO DE vowON ANTICIPADA
Early Voting by personal appearance for the November 5, 2024
Lubbock County General and Special Elections
ALL EARLY POLLING LOCATIONS ON THE DATES, TIMES, AND LOCATIONS LISTED BELOW:
Votoci6n Adelantada para las Elecciones generales y especiales del candado de Lubbock 5 de noviembre de 2024,
2024 ser6n conducidas en LAS FECHAS, HORARIOS Y SITIOS LISTADOS ABAJO:
EARLY VOTING DATES: Monday, October 21— Friday, Novmber 1, 2024
(Fechas de Votaci6n Adelantada: Lunes, 21 de octubre— viernes, 1 de noviembre del 2024)
Main Early Voting Polling Place
Lugar principal de la votaci6n onticipada
Lubbock County Elections Office
Oficino de Elecciones del Condado de Lubbock
1308 Crickets Ave, Lubbock, TX 79401
1308 avenida Crickets
Room: Public Room
Sala: salon publico
Dates: Mon, October 21— Fri, November 1
Fechas: lunes, 21 de octubre - viernes, 1 de noviembre
Times:
8:00AM-8:00PM
horas:
.....................................................................................................
Early Voting Branch Polling Places
Votacion Anticipada en los Sitios de Votacion Auxiliares
......................................................................................
*The list of branch early voting polling places is still being finalized.
Exhibit D (Anexo D)
ORDER AND NOTICE OF SPECIAL ELECTION
CITY OF LUBBOCK
An election is hereby ordered to be held on November 5, 2024, and notice is hereby given that the polling places
listed below will be open from 7:00 a.m. to 7:00 p.m., on November 5, 2024, for voting in a special election for the
purposes of voting on a proposition regarding the annexation of approximately 374.74 acres located south of 146°i
Street (F.M. 7500), east of Frankford Avenue, north of Woodrow Road (F.M. 7600), and west of Slide Road (F.M.
Road 1730), in accordance with Texas Local Government Code Section 43.0696.
Proposition Language:
SHALL THE CITY OF LUBBOCK (THE CITY) ANNEX APPROXIMATELY 374.74 ACRES
COMMONLY KNOWN AS THE HIGHLAND OAKS SUBDIVISION AND LOCATED
WITHIN AN AREA LOCATED SOUTH OF 146TH STREET (F.M. 7500), EAST OF
FRANKFORD AVENUE, NORTH OF WOODROW ROAD (F.M. 7600), AND WEST OF
SLIDE ROAD (F.M. ROAD 1730), (THE AREA), THEREBY TO INCLUDE THE AREA
INSIDE THE FULL PURPOSE CITY LIMITS OF THE CITY, RESULTING IN THE CITY
PROVIDING MUNICIPAL SERVICES IN ACCORDANCE WITH TEXAS LOCAL
GOVERNMENT CODE SECTION 43.0692; THE AREA SHALL BE SUBJECT TO THE
JURISDICTION, LAWS, AND REGULATIONS OF THE CITY; AND THE CITY SHALL
IMPOSE A PROPERTY TAX EACH YEAR ON ALL PROPERTY IN THE AREA AT THE
SAME RATE THAT IS IMPOSED ON OTHER PROPERTY IN THE CITY.
FOR
Voting by personal appearance will be conducted on Election Day at:
See Exhibit B
Early voting by personal appearance will be conducted at:
See Exhibit C
Applications for ballot by mail shall be mailed to:
Early Voting Clerk
Roxzine Stinson
Office of Elections
1308 Crickets Avenue
Lubbock, TX 79408
Telephone 806-775-1338
Issued this the 23rd day of July, 2024.
MARK W. NfCBRAYER,\ AYOR
An: APPROVED AS TO FORM,,:
7���
t
Courtney Paz10ta A ims, Deputy City Attorney