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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 3-4 T H STREET 702 �,.,r.� s_i�'--=tip ' 'oval•, ;:'. p. FF- _ v � t...d .r 5 0T H STREET w--f t w � i t �" 3 - �r 1_ STREET AL tit I t 1T e e2N0 STREET_ 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