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Home My WebLink AboutOrdinance - 2021-O0133 - Annexation 34th and Upland Avenue - R126622 - 9.28.2104+1,19 btdj� 1P(aIII It ny C)i � �W�v First Reading September 14, 2021 Item No. 8.10 ORDINANCE NO. 2021-00133 AN ORDINANCE ANNEXING AN AREA OF LAND INTO LUBBOCK, TEXAS, WITH SAID AREA BEING GENERALLY APPROXIMATELY 7.867 ACRES OF UNPLATTED LAND OUT Second Reading . September 28, 2021= m Item No. 8.19 A THE CITY OF DESCRIBED AS N OF BLOCK AK, 3w� G SECTION 39, LOCATED SOUTH OF 34TH STREET AND WEST OF UPLAND •r o AVENUE, LUBBOCK COUNTY, TEXAS, AND IDENTIFIED BY THE LUBBOCK CENTRAL APPRAISAL DISTRICT REFERENCE NUMBER R126622, AND MORE SPECIFICALLY IDENTIFIED IN "EXHIBIT A" OF THIS ORDINANCE, AND IS ADJACENT TO AND ABUTS THE EXISTING CITY LIMITS OF THE CITY OF LUBBOCK, TEXAS, AND WHICH CONTAINS FEWER THAN ONE HUNDRED (100) SEPARATE TRACTS OF LAND ON WHICH ONE OR MORE RESIDENTIAL DWELLINGS ARE LOCATED ON EACH TRACT; PROVIDING FOR THE ADOPTION OF A SERVICE PLAN IN THIS ORDINANCE; PROVIDING FOR � CORRECTION OF THE CITY MAP TO INCLUDE THIS ANNEXED AREA; PROVIDING AN EFFECTIVE DATE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. WHEREAS, the area described in Section 1 herein is an area determined by the City Council of the City of Lubbock (the "City Council") to be considered for annexation (the "Area"); and WHEREAS, the City Council finds that there are fewer than one hundred (100) separate tracts of land on which one (1) or more residential dwellings are located in the Area; and WHEREAS, all required notices, including written notice of intent to annex the Area to each property owner, each public entity, and each railroad company within the Area, as required by Section 43.062, Subchapter C-1 of Texas Local Government Code, have previously been made in accordance with applicable law; and WHEREAS, all required notices to each public school district in the Area were previously sent as required by Section 43.905 of the Texas Local Government Code; and WHEREAS, the City Council conducted two public hearings on April 12, 2018 and April 26, 2018, as required by Section 43.063 of Texas Local Government Code; and WHEREAS, the City Council received input and comment from affected property owners at each public hearing; and WHEREAS, City staff prepared a service plan for the Area in accordance with Sections 43.065 and 43.056 (b)-(o) of the Texas Local Government Code, with said service plan providing for full municipal services to the Area and being made available and explained to the public at the scheduled public hearings; and WHEREAS, City staff, by certified mail return receipt requested, mailed an offer to make a development agreement to each property owner of land within the Area that is subject to an agricultural use, timber land, or wildlife management ad valorem tax exemption, as determined by the Lubbock Central Appraisal District, as required by Section 43.035 of the Texas Local Government Code; and WHEREAS, the property owner of the Area entered into a 212 Agreement for the Area, a copy of which is attached to this Ordinance as "Exhibit C," with the 212 Agreement providing terms upon which the 212 Agreement would terminate and providing a waiver of rights of the property owner of the Area as to the annexation of the Area upon the termination of the 212 Agreement; and WHEREAS, the City Council, according to the terms of the 212 Agreement between the City and the property owner of the Area, terminated the exemption from annexation provided in the 212 Agreement for the Area due to the voluntary action of the property owner of the Area; and WHEREAS, the 212 Agreement between the City and the property owner of the Area provided that the property owner of the Area agreed to the annexation of the Area by petition if the 212 Agreement was terminated and that the property owner of the Area waived the procedural rights and requirements of an annexation outlined in Chapter 43 of the Texas Local Government Code; and WHEREAS, the terms of the 212 Agreement between the City and the property owner of the Area prevail over certain requirements under Chapter 43 of the Texas Local Government Code, including, but not limited to, Section 43.054 and Section 43.0545 that place width limitations on areas subject to annexation by a municipality; and WHEREAS, the City Council of the City of Lubbock deems it to be in the best interest of the citizens of the City of Lubbock to annex the Area into the City of Lubbock; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the Area, which is further depicted and described in the attached "Exhibit A" and incorporated herein for all intents and purposes, which abuts and is adjacent to the existing corporate limits of the City of Lubbock, Texas, is hereby annexed into, and included within, the corporate limits of the City of Lubbock, Texas. SECTION 2. THAT the service plan, attached as "Exhibit B" and incorporated herein by reference for all purposes, was submitted in accordance with Chapter 43 of the Texas Local Government Code and is hereby approved as part of this Ordinance. SECTON 3. THAT the City Council hereby declares it to be its purpose to annex into the City of Lubbock every part of the Area described in Section 1 of this Ordinance, regardless of whether any part of the Area is not hereby effectively annexed into the City. Should this Ordinance for any reason be ineffective as to any part or parts of the Area hereby annexed into the City of Lubbock for full purposes, the ineffectiveness of this Ordinance as to any such part or parts shall not affect the effectiveness of this Ordinance as to the remainder of the Area. Page 2 of 4 SECTION 4. THAT the City Engineer, or his designee, is hereby authorized and directed to correct the map of the City of Lubbock by adding thereto the Area annexed by this Ordinance, indicating on the map the date of annexation and the number of this Ordinance. The City Secretary and the City Engineer shall each keep in their respective offices an official map of the City of Lubbock showing the boundaries of the municipal corporation, including this annexation. SECTION 5. THAT this Ordinance shall be effective thirty (30) days after final passage by the City Council. SECTION 6. THAT should any paragraph, section, sentence, phrase, clause or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. SECTION 7. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption of this Ordinance as an alternative method of publication provided by law. AND IT IS SO ORDERED. Passed by the City Council on first reading on September 14, 2021 Passed by the City Council on second reading on September 28, 2021 ATTEST: Reb ca Garza, City Seer Lo..' DANIEL M. POPE, MAYOR Page 3 of 4 APPROVED AS TO CONTENT: Bryan sham, "irector of Planning APPROVED AS TO FORM: ( 1, " & A"'r� K lli Leisure, Assistant City Attorney Ord. Annexation R129250 Ch. 212 Agreement Property 01.22.19 Page 4 of 4 Termination of 212 Agreement and Proposed Annexation of 7.867 Acres Located in the Northeast Quarter of Section 39, Block AK, Lubbock County �rii�ii 11 I#1111111�1�i� � 'l1111 — �r�.ir—.r � • � M. LU r > > z J - J J U U a► b . • �• Drgdal Orthophotography -April 2020 As regwred by Chapter 2051, Geospabal Data Products of the Government Code, this product is for mfonnabonalpurposes 0 500 1000 1500 2000 and may not have been prepared for or be suitable for legal, City Of engineering, or surveying purposes. It does not represent an Lubbock location of ro survey and represents only the approximate relative Feet location of property boundaries. TEXAS FILED AND RECORDED OFFICIAL PUBLIC RECORDS c. Kelly Plnlon County Clerk Lubbock County TEXAS 10/05/2021 11:48 AM FEE: $42.00 2021 51294