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HomeMy WebLinkAboutOrdinance - 2022-O0065 - Annexation Of 5 Acres Of Section 24, Block E-2 R68662 And R317247 - 04/12/2022First Reading Second Reading N April 12, 2022 April 26, 2022 N Item No. 8.16 Item No. 8.4 C ORDINANCE NO. 2022-00065 w �W AN ORDINANCE ANNEXING AN AREA OF LAND INTO THE CITY OF LUBBOCK, TEXAS, THE PROPERTY LOCATED SOUTH OF 122ND STREET N AND EAST OF FRANKFORD AVENUE, CONTAINING APPROXIMATELY 5 o ACRES, OUT OF SECTION 24, BLOCK E-2, LUBBOCK COUNTY, TEXAS, AND o COMMONLY IDENTIFIED BY THE LUBBOCK CENTRAL APPRAISAL DISTRICT REFERENCE NUMBERS R68662 AND R317247, 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 March 8, 2016 and March 10, 2016, 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 April 12, 2022 Passed by the City Council on second reading on April 26, 2022 ATTEST: --.. �4 Ret ca-Gatza, Cit}` Secr l 1F. DANIEL M. POPE, MAYOR Page 3 of 4 APPROVED AS TO CONTENT: APPROVED AS TO FORM: elli Leisure, Assistant City Attorney Ord. Annexation - R68662 and R317247 - Ch. 212 Agreement Property 03.15.22 Page 4 of 4 Termination of 212 Agreement and Proposed Annexation of 5.00 Acres Described as Tract 11, Frankford Farms Subdivision, Located in the Southwest Quarter of Section 24, Block E2, Lubbock County Digital Orthophotography - May 2021 As required by Chapter 2051, Geospatial Data Products of the Government Code, this product is for informational purposes 500 1000 1500 2000 and may not have been prepared or be suitable for legal, engineering, or surveying purposes.s. City It does not represent an t)' of ondhe-ground survey and represents only the approximate relative location of property boundaries. Feet Lubbock Exhibit B MUNICIPAL SERVICE PLAN FIRE Existing Services. None Services to be Provided: Fire suppression will be available to the area upon annexation. Primary fire response will be provided by Fire Station No. 16, located at 40301141' Street, Station 19 located at 5826 98th Street, and Station No. 14 located at 2402 96th Street. Station No. 16 is approximately 2 miles from the proposed annexation with an approximate response time of 5 to 6 minutes. Station 19 is approximately 3 miles from the proposed annexation with an approximate response time of 8 to 9 minutes. Station No. 14 is approximately 3 miles from the proposed annexation with an approximate response time of 8 to 9 minutes. Fire suppression activities can be afforded to the annexed area within current appropriation with a less than desirable response time. As these areas are developed an additional fire station(s) will be considered. Fire Prevention activities will be provided by the Fire Marshal's office as needed. POLICE Existing Services. None. Currently, the area is under the jurisdiction of the Lubbock County Sheriffs Office. Services to be Provided. The Police Department mission and purpose is to protect people and property, maintain social order by conducting criminal investigations and enforcing laws governing public health, order, and decency. The Police Department will extend the following services to the newly annexed area: • Preventive patrol, traffic enforcement, and timely response to calls for service. • Investigate crimes, arrests offenders, and assists in criminal prosecutions. • Provide crime analysis, coordinate with any new neighborhood groups, enforce the alarm otdinance, and assume responsibility for the registering and monitoring of sex offenders. • Maintain and disseminate records and documents of activities in the area. • Enforce municipal ordinances that address physical signs of urban blight and social disorder. Although spreading current resources of manpower out further, these services can be provided within the current budget to the annexed area. However as more houses and businesses begin filling in the vast area of the annexation in the next couple of years, it will be a necessity to increase staffing levels and associated equipment requirements in the Field Services Bureau and Investigations Services Bureau causing an increase in the budgets from FY16-17 and beyond. Additionally, a substation in the South or Southwest part of Lubbock will become a necessity to accommodate increased staffing and access by the citizens in that area of the city for better customer service. Service Plan South to 146th_optl Exhibit B CITY SECRETARY Existing Services. None Services to be Provided: Administration of Municipal Election services. BUILDING INSPECTION Existing Services: None Services to be Provided: The Building Inspection Department will provide construction code enforcement services upon annexation. This includes construction plan review and field inspection services and the issuance of building, electrical and plumbing/mechanical permits for any new construction and remodeling, as well as enforcement of all other applicable codes which regulate building construction within the City of Lubbock. It is anticipated that such services can be provided with current personnel and within the current budget appropriation. As land is developed, the need for additional personnel and budget appropriations will be dependent upon the type, intensity and rate of development within the annexed area as well as areas that compete for those resources. PLANNING AND ZONING Existing Services: The City of Lubbock Subdivision Ordinance regulations extend into the ETJ. Services to be Provided: The Planning Department's responsibility for regulating development and land use through the administration of the City of Lubbock Zoning Ordinance will extend to this area on the effective date of the annexation. The property will also continue to be regulated under the requirements of the City of Lubbock Subdivision Ordinance. As Lubbock continues to grow, so does the need for and importance of long range planning in order to better serve the community. As land is developed, increases In personnel and budget will be needed in order to provide the same level of customer service. GIS AND DATA SERVICES Existing Services: None Services to be Provided. GIS and Data Services will update all city-wide GIS data sets to Include the newly annexed areas. This will include support to the Office of City Service Plan South to 146th optl Exhibit B Secretary for changes to voting precincts (if any) and other elections requirements, to Building Inspection, Streets and Traffic Engineering for addresses and street names, to Stormwater Management for impervious surfaces and to Police and Fire for updated information for 911 Dispatch. The updated information will be reflected on the GIS website for use by the public. These services can be provided within the department's current budget. LIBRARY Existing services: Free library use privileges are currently available to anyone residing in this area, as part of an agreement with Lubbock County. Services to be Provided. These services will continue to be provided upon annexation. CODE ADMINISTRATIONIENVIRONMENTAL HEALTH DEPARTMENTS Existing Services. None Services to be Provided. The City of Lubbock's Code Administration/Environmental Health Departments will implement the enforcement of local ordinances and regulations on the effective date of the annexation. Such services can be provided with current Code Administration/Health Department Personnel and within the current budget appropriation. As land is developed, increases in personnel and budget will be needed in order to provide the same level of customer service. ANIMAL SERVICES Existing Services: None. Currently, the area is under the jurisdiction of the Lubbock County Sheriffs Office. Services to be Provided. Animal control services will be provided to the area as needed. The City of Lubbock Animal Services Department will implement the enforcement of the City of Lubbock's animal control ordinances and regulations upon the effective date of the annexation. It is anticipated that such services can be provided with current personnel and budget appropriation, but response times may Increase. STREET Existing Services: Lubbock County Public Works currently maintains the county roads. Services to be Provided: In accordance with the Master Thoroughfare Plan, the proposed annexation area will add approximately 8 centerline miles of thoroughfare Service Plan South to 146th optl Exhibit B roadways to the City's infrastructure. As development occurs, the City's current policies require the City to design and build thoroughfares. Capital projects may be required in the future to provide adequate funding to support this anticipated growth. The timing of these improvements would be contingent on available funding and growth patterns in these areas. STREET LIGHTING Existing Services: None Services to be Provided. The City of Lubbock will coordinate any request for improved street lighting with the local electric provider in accordance with standard policy. STORM WATER MANAGEMENT Existing Services: City maintains jurisdiction of playa lakes within the ETJ. TCEQ (Texas Commission on Environmental Quality) has jurisdiction of enforcement and compliance with stormwater related permits outside the City limits. Services to be Provided: As land is developed, developers will provide plans for addressing the conveyance of storm water drainage. The Storm Water staff will review the drainage plans for compliance with the current drainage regulations and policies. Any major improvements for conveyance will be inspected for compliance by the city staff at time of completion. Additionally, as land is developed and building permits are requested, Storm Water staff reviews each permit request for compliance with the Chapters 22 (City's Stormwater permit) and Chapter 30 (Lakes and Floodplains) of the City Code. After permit issuance, inspections of the construction sites are to ensure compliance with the City Code and state regulations. Depending on the type and intensity of development within the annexed area, the need for additional personnel and budget appropriations may be needed to provide adequate customer service (development and permit review and inspections). TCEQ Stormwater permit holders will be transitioned from TCEQ oversight to City of Lubbock oversight, i.e. inspection and compliance of these existing facilities will now be the responsibility of the Storm Water Staff. TRAFFIC ENGINEERING Existing Services. None Services to be Provided: Upon annexation approximately twenty-four (24) signs will be upgraded to city standards, thirty (30) new signs will be installed, and ten miles of Service Plan South to 146th optl 4 Exhibit B painted lane lines and pavement markings will be maintained. Current budget and staff are sufficient to provide these services. After annexation and in conjunction with the platting process, Traffic Engineering will identify and install required traffic signs to be installed at the developer's expense. Other regulatory traffic control devices will be provided after appropriate studies indicate the data meets the minimum requirements as set forth in the Texas Manual on Uniform Traffic Control Devices (TMUTCD) and as budget permits. WATER AND SANITARY SEWER SERVICE Existing Services. None Services to be Provided. Water and Sewer. a) Water and sewer are not readily available in a majority of areas proposed for annexation. b) Major main extensions to these areas will need to be considered by City Council for future capital improvements projects to service these areas. County Road 7450 will need fire protection through a capital improvements project within 2.5 years of annexation. Up to three fire hydrants will be provided within one-half mile west of County Road 2200 (University Avenue) as required for adequate fire protection. 12611, Street will need fire protection through a capital improvements project within 2.5 years of annexation. Up to three fire hydrants will be provided within one-half mile west of Chicago Avenue as required for adequate fire protection. 134t' Street and 138th Street will need fire protection through a capital improvements project within 2.5 years of annexation. Up to three fire hydrants will be provided within one-half mile between Frankford Avenue and Chicago Avenue as required for adequate fire protection. Water for fire protection prior to the extension of water lines from the City on County Road 7450, 126"' Street, 134t' Street, 138th Street, and any other area will need to be provided through pump trucks. c) Availability of water and sewer prior to or beyond the extension of a capital improvements project is at the request and expense of the developer, and shall be provided within current policies and ordinances of the City (see below for 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 main extensions through a capital improvements project or development has occurred. Water in fire truck pumpers or in relay from existing sources will be used for fire suppression until that time for existing structures. Pro -Rats Charges Service Plan South to 146th optl 5 Exhibit B Chapter 22.05 of the Code of Ordinances, City Code establishes the charges or the actual cost of construction 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 non-refundable charge called pro-rata. The pro-rata charges include $15.00 per front foot of lot or tract to be serviced for sewer and $12.00 for water, unless the actual extension cost is greater, then the charge is per actual cost. 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 22.05 specifies other items including: a) pro-rata on property already platted, and extension 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. SOLID WASTE SERVICES Existing Services. None Services to be Provided. Solid Waste Collection shall be provided to the area of annexation in accordance with the present ordinance. Service shall comply with existing City policies, beginning with occupancy of structures. Since it is expected that immediate development will not occur, impact to services has been determined to be gradual. Additional driver and equipment can be projected when 1,000 residential unit structures are occupied, and an increase in staffing and equipment will be needed as development continues within this proposed annexation and exceeds route collection averages. MISCELLANEOUS Service Plan South to 146th optl 6 Exhibit B In addition to the services listed above, the City will provide full municipal services to the Annexation Area commensurate with the levels of services provided in other parts of the City except if differences in topography, land use, and population density constitute a sufficient basis for providing different levels of service, not later than two and one-half years after the effective date of the full -purpose annexation. if full municipal services cannot be reasonably provided within the aforementioned time period, the City will propose a schedule for providing said services within a period of four and one-half years after the effective date of the annexation, and/or upon commencement of development of a subdivision within this property, whichever occurs later. "Full municipal services" are services provided by the annexing municipality within its full -purpose boundaries, excluding gas or electrical service. The City shall provide the services by any of the methods, policies, and ordinances by which it extends the services to any other area of the City. Accordingly, there may be costs incurred by the user in order to access certain services. Service Plan South to 146th opti FILED AND RECORDED OFFICIAL PUBLIC RECORDS * t Kelly Plnlon County Clerk Lubbock County TEXAS 05/02g/2022 02:46 PM 2 202200963