HomeMy WebLinkAboutOrdinance - 8688-1984 - Ord. Annex. Area Of Land Adj To City Limits Of LBK, Provide Service Plan - 11.15.1984LJM:da
First Reading
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 day of November
1984.
Passed by the City Council on second reading this 13th day of December ,
1984. A
ATTEST:
, uny Secretary
APPROVED AS TO CONTENT:
Jim tram, Assistant City Manager
APPROVED AS TO FORM:
ya44-�' a- S� -)"nI 0'� 2:�
Laura J. Mortrje, Assistant
City Attorney
- 2 -
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 112), 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.
5. 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 19 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
8. 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.
9. 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 -rate 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 -rats
when other persons tie onto service and pay their pro-rata.
Ordinance 8017 specifies other items including:
a,
pro -rats on property already platted, and
exten-
sion of services,
b.
pro-rata and extensions to property being
platted,
C.
sizes of lines and meter sizes,
d.
location for service connection,
e.
deposits, charges, refunds,
f.
cost of large mains may be partially paid
by City,
and other considerations,
g.
When the City Council can declare a health
hazard
and install mains at public expense.
Mim
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PROPOSED ANNEXATION
' PREPARED BY
CITY OF LUBBOCK PLANNING DEPARTMENT
EPTEMBER 19B4
It
MIL J
98TH STREET
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
a.o. L-14850
THE STATE OF TEXAS
COUNTY OF LUBBOCK
Before me Dorothy N. R u s 5 e 1 I a Notary Public in and for Lubbock
personally appeared Twi I a Auf1, 11 It Account Manare r of
pers Corporation, publishers of the Lubbock Avalanche -Journal — Morning,
being by me duly sworn did depose and say that said newspaper has been publis
than fifty-two weeks prior to the first insertio nf this _L.egal Notice
No, 514�4Z at Lubbock County, Te
ed copy of the Leda I Notice is a true copy of the original and t
Avalar�R JWordls Pth��otloae dwor�d =D Z.40r 15922 1984
;' 7t�s
Account Manage
LUBBOCK AVALANCHE -JOURNAL
Southwestern Newspapers Corporation
Subscribed and sworn to before me this 24 day of
FORM 58.10
December
41L NOTiEE
OttDlNAvICE NYrtibe"11W
An ordinance annexing 00 was al
lard fo the City of LubbocW Texas,
which area is described hereio and
Is adjacent to and abuts the exist-
ing GIW limits of the City of Luo- av
bock, Texas; providing for inclu-
,lW. of a service plan; Providing pa -
for cOrreCllon of the City Map to in-
Clude this = additional lerritory; ho
providim a savings clause; and
providin¢ane"ectivedale_ re
0Fti7INANCE Number6W
An ordinance annexim an area of
land to the City of Lubbock, Texas,
which area is —ribed herein and t-
Is adjacent to and abuts the axial.-
Ina city Iimlts of 1 0 Cltyy of cl , k
bock, Texas;'prov
,ion of a service Plan; Providim .
for cdrreCtion of the CHy Mao to In.,
dude this additional territry: o
providing a as clause; and
providing enef#ectivedal�_ e—,,,—_,
q
DOROTHY RUSSELL
NoWp Public In And For The State Of Texas
MY Commis -lion ExpirE-s flip;'. 9, 19M
City of Lubbock
Counter FiCing
CITY OF LUBBOCK §
COUNTY OF LUBBOCK §
STATE OF TEXAS §
2022011844 9 PGS ORD
■III 1A U NA kl'Wi HLIRLIP91111I 111
CERTIFICATE TO COPY OF PUBLIC RECORD
I hereby certify, in the performance of the functions of my office, that the attached
instrument is a full, true and correct copy of Ordinance No. 8688 as the same appears of
record in my office and that said document is an official record from the public office of
the City Secretary of the City of Lubbock, Lubbock County, State of Texas, and is kept in
said office. The total number of pages within the attached document is 8 pages.
I further certify that I am the City Secretary of the City of Lubbock, that I have
legal custody of said record, and that I am a lawful possessor and keeper and have legal
custody of the records in said office.
In witness whereof I have hereunto set my hand and affixed the official seal of
said office the 2"d day of March, 2022.
,(City Seal)
Rebe ca Garza
City ecretary
City of Lubbock
Lubbock County, State of Texas
LJM:da
First Reading
.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 5260 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 day of November
1964.
Passed by the City Council on second reading this 13th day of December ,
1984. Zk
ALAN HENRY, OR
ATTEST: .�'—�
, Ulzy
APPROVED AS TO CONTENT:
'Jim mi
ram, Assistant City anager
!W4E
APPROVED AS TO FORM:
yo'-"',
auurra�J. e, Assistant
City Attorney
-� 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 112), 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 coat 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 -rate 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 -
8. Building Inspection, Planning, Environmental Control:
Any inspection service or code enforcement now provided by
the City (zoning, environmental control, building inapec-
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.
9. Pro -Rate 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 -rate" and
is due and payable before service is provided. The pro-rata
charge represents a p�o won of the costs of providing water
and/or sewer facilities to serve the property on which the
pro -rate 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 -rate 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 costa, the person(s) desiring service shall pay the
entire cost and later be refunded that amount above pro -rate
when other persons tie onto service and pay their pro -rate.
Ordinance 8017 specifies other items including:
a.
pro -rate
on property already platted, and
exten-
sion of services,
b.
pro-rata
and extensions to property being
platted,
ce
sizes of
lines and meter sizes,
d.
location
for service connection,
e.
deposits,
charges, refunds,
f.
cost of large
mains may be partially paid
by City,
and other
considerations,
g.
When the
City Council can declare a health
hazard
and install
mains at public expense.
- 3 -
34TH STREET
OAZ&
lu
MOTH STREET
low w?
3TREET i
!;j
2NO STREET
PROPOSED ANNEXATION
Lo PREPARED BY
CITY OF LUBBOCK PLANNING DEPARTMENT
SEPTEMBER 19 . 0458
mol-
88TH ST.
a
4161" fee
AmfflobU.S. Dep®r6rta[Jus�oe 1kc.
City Attorney
Masfer5
WBR : RSB : JAC :gmh
DJ 16 6-012-3
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 any objection
to the change in question. However, we feel a responsibility
to point out that Section 5 of the Voting Rights Act expressly
provides that the failure of the Attorney General to object
does not bar any subsequent judicial action to enjoin the
enforcement of such change. See the Procedures for the
Administration of Section 5 (28 C.F.R. 51.48).
Sincerely,
Wm. Bradford Reynolds
Assista t Attorney General
C 1 Rights Division
Gerald W. Jones
hief, Voting Section
a.o. L-14850
THE STATE OF TEXAS
COUNTY OF LUBBOCK
Before me Dorothy N. Russe 1 1 a Notary Public in and for Lubbock
personally appeared -I w11 a Auf 11 1 . account Manager of
pers Corporation, publishers of the Lubbock Avalanche -Journal — Morning.
being by me duly sworn did depose and say that said newspaper has been public
than fifty-two weeks prior to the first insertio this Legal Notice
No. 514� at Lubbock County. Te
ed copy of the Lega 1 Notice is a true copy of the original and i
Avalagt3�p 1Nords n�tVollowinF dates: �e combo r 15 +,22 1984
1 t ae word =
Account Manage
LUBBOCK AVALANCHE -JOURNAL
Southwestern Newspapers Corporation
OUMMANCE SAINWOr'IM
An grdinwue annoying se arse a
tend to the Car of Lubbock. Taxes -
which
area is
described
b odl cm I*aindabulherein �
he exl
in cllr limits of the Cur of Lub•
'o.riw
sign d a serviceaen. %waU
for correcllon of the CRY Wasp to lrr
dude this &WRIonal 1Rrilorvz
provldlno a savings clause: and
providing an effective date.
ORDINANCE Number ISM?
An ordinance annexing en area of
fond to She Clly of Lubbock• Texas.
which area Is daerlWd herein and
Ib.W city limits oft Shee City Of LLub
hock. 7exsss provWing for prckv
idlne
pY corracnon of "CRY AM0
dude this additional IWritorva
. Idkg a savlMs Osumi and
Subscribed and sworn to before me this 24 day of December 19 84 ICLGCJ(I�xCJ
DOROTHY RUSSER
i k0lary Public In And for The State Of Texaf
MY Commission Expires Nw. 9. 1988
FORM 58.10
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
C_
Kelly Pinion County Clerk
Lubbock Coun�y TEXAS
03/10/2022 11:15 AM
FEE: $58.00
2022011844