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HomeMy WebLinkAboutOrdinance - 8688 - Annexation - 12/13/1984LJM:da first Heading November 15, 1984 Agenda Item #13 Second Reading December 13, 1984 Agenda Item #8 ORDINANCE NO. 8688 AN ORDINANCE ANNEXING AN AREA OF LAND TO THE CITY OF LUBBOCK, TEXAS, WHICH AREA IS DESCRIBED HEREIN AND IS ADJACENT TO AND ABUTS THE EXISTING CITY LIMITS OF THE CITY OF LUBBOCK, TEXAS; PROVIDING FOR INCLUSION OF A SERVICE PLAN; PROVIDING FOR CORRECTION OF THE CITY MAP TO INCLUDE THIS ADDITIONAL TERRITORY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFEC- TIVE DATE. WHEREAS, the City Council has determined that it is in the best interests of the citizens of the City of Lubbock as well as the citizens of the area described hereinbelow to annex such area to the City of Lubbock; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the area of land described herein, which abuts and is adjacent to the existing corporate limits of the City of Lubbock, Texas, BE and the same is hereby annexed to and included within the corporate limits of the City of Lubbock, Texas. Such area is specifically described as follows: BEGINNING at a point in the present City Limits, as established by City of Lubbock Ordinance No. 7504, said point being 660 feet South and 150 feet West of the Northeast corner of Section 21, Block A-K, Lubbock County, Texas; THENCE West along a line parallel to and 660 feet South of the North section line of Section 21, Block A-K and Section 22, Block A-K, approximately 5790 feet to a point which is 660 feet South and 660 feet West of the Northeast corner of Section 22, Block A-K; THENCE North along a line parallel to and 660 feet West of the East section line of Section 22, Block A-K, Section 27, Block A-K, Section 30 Block A-K, Section 35, Block A-K and Section 38, Block A-K approxi- mately 21,120 feet to a point 660 feet South and 660 feet West of the Northeast corner of Section 38, Block A-K; THENCE East along a line parallel to and 660 feet South of the North section line of Section 38, Block A-K, approximately 510 feet to a point in the present City Limits as established by City of Lubbock Ordinance No. 2545 said point being 660 feet South and 150 feet West of the Northeast corner of Section 38, Block A-K; THENCE South along the present City Limits approximately 15,330 to a point 150 feet South and 150 feet West of the Northeast corner of Section 27, Block A-K; THENCE East along the present City Limits approximately 5280 feet to a point 150 feet South and 150 feet East of the Northeast corner of Section 28, Block A-K; THENCE South along the present City Limits approximately 5,790 feet to the Point of BEGINNING, containing approximately 949.1 acres. SECTION 2. THAT the service plan for said area is attached hereto as Exhibit A and is, by reference, made a part hereof. SECTION 3. THAT the City Engineer is hereby directed to immediately correct the map of the City of Lubbock by adding thereto the additional territory 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 4. THAT should any section, paragraph, sentence, clause, phrase or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. SECTION 5. 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 this 15th 1984. Passed by the City Council on second reading this 13th 1984. ATTEST: I Ranet a Boyd, City Secretary APPROVED AS TO CONTENT: Jim ettram, Assistant City Manager .V day of November , day of December , APPROVED AS TO FORM: Laura J. Morirje, Assistant City Attorney MAE EXHIBIT A PROPOSED SERVICE PLAN For annexation of approximately 949.1 acres north of a line 660 feet south of 98th Street and east of a line 660 feet west of Milwaukee Avenue, and extending along that line 660 feet west of Milwaukee between 98th Street and 34th Street 1. Police: a. Any area annexed will be added to Patrol District #11. b. Patrol, radio response to calls, and other routine police services, using assigned personnel and equip- ment, will be provided on the effective date of annexation. C. When population and/or frequency of calls in the area demands, additional personnel and equipment will be added to continue the present level of police services throughout the City. 2. Fire: a. Fire protection by the present personnel and the equipment of the fire fighting force (primary response from Station #12), within the limitations of available water and distances from fire stations, will be provided on the effective date of annexation. b. Within the constraints of existing or future bond approvals, fire stations and personnel to serve the annexed area will be added. C. All existing and future businesses in the proposed area will be included for fire inspections under the business inspection program. 3. Sanitation (Solid Waste Disposal): Refuse collection service now provided City-wide will be extended to the annexed area within ten working days for all residential units and those commercial customers who desire City services. 4. Health Any inspection services and vector control (mosquitoes, flies, rodents) now provided by City personnel will begin in the annexed area on the effective date of annexation. 5. Traffic Engineering and Streets a. Routine maintenance of dedicated public streets (excluding State highways) will begin on the effective date of the annexation. b. All other streets, subject to platting, dedication requirements, and existing City Code and policies, will be dedicated without City cost and paving, curb, and gutter accomplished through a pre -paid or assessment program. C. Subject to platting and street dedication, the Traffic Engineering Department will install and maintain traffic control devices. d. Traffic signals, traffic signs, street markings, and other traffic control devices will be installed as the need is established by appropriate study and traffic standards, and within the guidelines of applicable City policies and ordinances. 6. Water and Sewer: a. Water and sewer are not readily available in portions of the proposed area at present. b. Water and sewer for domestic and commercial use may be made available from existing or proposed lines 2 1/2 years after the effective date of annexation. Major main extensions to the area are not in the current five-year bond program. C. Such availability is at the request and expense of the user, and shall be provided within current policies and ordinances of the City (note #9 for an explanation of pro-rata charges). d. Water and sewer for domestic and commercial use, when installed, will be available at approved City rates. e. Water for fire protection will be available through lines only after service is installed. Water in pumpers or in relay from existing sources will be used for fire suppression until that time. 7. Parks and Recreation The Parks and Recreation Department has no facilities in the proposed annexation area. Future parks or open space will be acquired through the dedication of property during development or purchase with appropriate City funds. - 2 - 0 0 Building Inspection, Planning, Environmental Control: Any inspection service or code enforcement now provided by the City (zoning, environmental control, building inspec- tion), will begin in the annexed area on the effective date of annexation. The planning and zoning jurisdiction (of the City), including the platting process, will extend to the annexed area on the effective date of annexation. City planning policy will encompass the annexed area. The annexed area will be zoned as "T" (transition) pending platting and zone case requirements. Pro-Rata Charges Ordinance 8017 (April, 1980) established the service charge due on all property to which water and/or sewer lines are extended. The charge is generally known as "pro-rata" and is due and payable before service is provided. The pro-rata charge represents a portion of the costs of providing water and/or sewer facilities to serve the property on which the pro-rata is paid. When a person desires water and/or sewer service to property that requires an extension of existing facilities to provide service adjacent to the property or when the service connection will be made to a line constructed after April 1, 1952, the person desiring service shall pay a non-refundable charge called pro-rata. 1984 pro-rata charges include $6.50 per front foot of lot or tract to be serviced for sewer and $6.75 for water. When an extension of water/sewer facilities exceeds the above costs, the person(s) desiring service shall pay the entire cost and later be refunded that amount above pro-rata when other persons tie onto service and pay their pro-rata. Ordinance 8017 specifies other items including: a. pro-rata on property already platted, and exten- sion of services, b. pro-rata and extensions to property C. sizes of lines and meter sizes, d. location for service connection, e. deposits, charges, refunds, f. cost of large mains may be partially and other considerations, g. When the City Council can declare a and install mains at public expense. being platted, paid by City, health hazard - 3 - U.S. Department of Justice Rec. City Attorney 4) MasfP-r5 WBR:RSB:JAC:gmh DJ 16 6-012-3 wo~on, D.C. 20530 K8531 April 10, 1985 Donald G. Vandiver, Esq. Assistant City Attorney P. O. Box 2000 Lubbock, Texas 79457 Dear Mr. Vandiver: This refers to the annexation (Ordinance No. 8688 (1984)) to the City of Lubbock in Lubbock County, Texas, submitted to the Attorney General pursuant to Section 5 of the Voting Rights Act of 1965, as amended, 42 U.S.C. 1973c. We received your submission on February 11, 1985. The Attorney General does not interpose to the change in question. However, we feel a to point out that Section 5 of the Voting Right provides that the failure of the Attorney Gener does not bar any subsequent judicial action to enforcement of such change. See the Procedures Administration of Section 5 (28 C.F.R. 51.48). Sincerely, any objection responsibility s Act expressly al to object enjoin the for the Wm. Bradford Reynolds Assista t Attorney General C' it Rights Division By - Gerald W. Jones Chief, Voting Section 34TH STREET OTH STREET 3 Z N W H -W� JI w,. „+ L: STREET_ 2-v E C 82N0 STREET PROPOSED ANNEXATION " PREPARED BY CITY OF LUB6OCK PLANNING DEPARTMENT it EPTEMBER 1984 •K -v TM 1 v _ .J 98TH E E T a