HomeMy WebLinkAboutResolution - 2015-R0089 - Proposed Annexation - 03/12/2015Resolution No. 2015-R0089
March 12, 2015
Item No. 5.20
RESOLUTION
A RESOLUTION CONSIDERING THE PROPOSED ANNEXATION OF APPROXIMATELY
TWO HUNDRED TWENTY-THREE (223) ACRES OF LAND OUT OF SECTIONS 37 AND
38, BLOCK D, L. & S.V. RR SURVEY AND SECTION 36 BLOCK A, LUBBOCK COUNTY,
TEXAS; AUTHORIZING PUBLIC HEARINGS ON THE PROPOSED ANNEXATION;
AUTHORIZING AND DIRECTING THE PUBLICATION OF THE NOTICE OF SUCH
PUBLIC HEARINGS; AND DIRECTING THE PLANNING DEPARTMENT TO PREPARE A
SERVICE PLAN FOR THE AREA THE CITY INTENDS TO ANNEX INTO THE CITY
LIMITS.
WHEREAS, the City of Lubbock, Texas, intends to commence annexation proceedings
related to a tract of land north of FM 1294 and east of Interstate 27, lying in Sections 37 and 38,
Block D, L. & S.V. RR Survey, Lubbock County, Texas, to be more particularly described by the
metes and bounds as the property is annexed, and illustrated by the map attached as Exhibit A,
("the Property"); and
WHEREAS, the City finds that the Property to be considered for annexation is exempt
from the requirements of a municipal annexation plan in accordance with Texas Local
Government Code §43.052(h); and
WHEREAS, the Property was appraised for ad valorem tax purposes as land for
agricultural use under Chapter 23 of the Texas Tax Code, and, in accordance Texas Local
Government Code §43.035, the City may not annex without first offering a development
agreement with the landowner under Texas Local Government Code §212.172; and
WHEREAS, on February 6, 2015, a Development Agreement was mailed to the
landowner of the Property, the Lubbock Economic Development Alliance ("LEDA"), and on
February 9, 2015, the City received a written response from LEDA rejecting the Development
Agreement; and
WHEREAS, the purpose of the annexation is to bring the subject property into the City of
Lubbock limits, and provide an equivalent level of City services to the property; and
WHEREAS, it is necessary that the City's Planning Department prepare a service plan
that provides for the extension of full services to the area proposed for annexation in accordance
with Texas Local Government Code §43.065;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LUBBOCK:
SECTION 1. THAT in accordance with rules and procedures outlined in Chapter 43,
Subchapter C-1 of the Texas Local Government Code, the City Council is considering a
proposed annexation of the Property described in Exhibit A by the City of Lubbock, Texas. Said
Exhibit A is attached hereto and incorporated in this resolution as if fully set forth herein and
shall be included in the minutes of the City Council.
SECTION 2. THAT in accordance with Texas Local Government Code §43.063, the
City Council of the City of Lubbock will hold two Public Hearings giving all interested persoris
the right to appear and be heard on the proposed annexations by the City of the Property
described in Exhibit A.
SECTION 3. THAT prior to the Public Hearings authorized in Section 2, the Planning
Department of the City of Lubbock is hereby authorized and directed to cause notice of each
Public Hearing to be published both on the City's Internet website and once in a newspaper
having general circulation in the City of Lubbock not more than twenty (20) days, nor less than
ten (10) days, prior to the date of each Public Hearing, in accordance with Texas Local
Government Code §43.063(c).
SECTION 4. THAT the Planning Department of the City of Lubbock shall prepare a
service plan in accordance with Texas Local Government Code §43.056, providing for the
extension of municipal services to the Property described in Exhibit A.
SECTION 5. THAT the Planning Department shall cause to be prepared any necessary
survey instruments and related documents to describe the proposed annexation area illustrated on
Exhibit A.
Passed by the City Council on this 12th day of March, 2015.
GLEN OBERTSON, MAYOR
ATTEST:
Re cca Garza, City Secre
APPROVED AS T /CONTENT:
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APPROVED FORM:
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Laura/Pratt, Assistant City Attorney
Resolution - InvAnnexation Service Plan Railport
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