HomeMy WebLinkAboutOrdinance - 2008-O0104 - Annex. Frankford Ave. And FM 1585, West Of Alcove Ave. And South Of 114Th St. - 12/04/2008First Reading Second Reading
November 20, 2008 December 4, 2008
Item No. 6.5 Item No. 5.6
ORDINANCE NO. 2008-00104
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,
WHICH CONTAINS FEWER THAN 100 SEPARATE TRACTS OF LAND ON WHICH
ONE OR MORE RESIDENTIAL DWELLINGS ARE LOCATED ON EACH TRACT;
PROVIDING FOR INCLUSION 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, all required notices, including written notice of intent to annex said area
to each property owner, each public entity and each railroad company within said area as
required by Section 43.062, Subchapter C-1, Local Government Code, and all public
hearings for such annexation have been had in accordance with applicable law; and
WHEREAS, the City Council of the City of Lubbock deems it to be in the best
interests of the citizens of the City of Lubbock to annex said territory into 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 hereinafter described and which is further
described on the map attached hereto as 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, BE and the same is hereby ANNEXED to and included within the corporate limits of
the City of Lubbock, Texas.
DESCRIPTION OF ANNEXED AREA
BEGINNING at a point in the present City Limits line, as established by City of
Lubbock Ordinance No. 10117, said point being approximately 55 feet West and 660 feet
South of the Northwest corner of Section 18, Block AK, Lubbock County, Texas,
THENCE South along a line parallel to the western boundary of Section 18, Block
AK, approximately 4668 to a point approximately 55 feet West and 55 feet South of the
Southwest corner of Section 18, Block AK, Lubbock County, Texas;
THENCE East approximately 5284 feet to a point approximately 55 feet West and 55
feet South of the Northeast corner of Section 13, Block AK, Lubbock County, Texas:
THENCE South approximately 680 feet to a point approximately 55 feet West and
660 feet South of the Northwest corner of Section 12, Block AK, Lubbock County, Texas;
THENCE East approximately 5390 feet to a point approximately 55 feet East and 660
feet South of the Northwest corner of Section 9, Block AK, Lubbock County, Texas;
THENCE North approximately 586 feet along the East right-of-way line of
Milwaukee Avenue, as defined by Windsor Park Plat 1526.0, Vol. 6596, P. 78, to a point 66
feet East and 82 feet South of the Northwest corner of Section 9, Block AK, Lubbock
County, Texas;
THENCE East Northeast approximately 36 feet, curving around the Northwest corner
of the Windsor Park Plat to a point approximately 92 feet East and 55 feet South of the
Northwest corner of Section 9, Block AK, Lubbock County, Texas;
THENCE East approximately 1110 feet along the South right-of-way line of FM
1585 as defined by the Windsor Park Plat, to a point on the East line of alley, which lies
approximately 1203 feet East and 55 feet South of the Northwest corner of Section 9, Block
AK, Lubbock County, Texas;
THENCE South approximately 605 feet along the East right-of-way line of the alley
of Windsor Park Estates Subdivision, to a point approximately 1203 feet East and 660 feet
South of the Northwest corner of Section 9, Block AK, Lubbock County, Texas;
THENCE East approximately 1440 feet to a point that lies on the Southwest corner of
Tract 7, Abstract 161, Section 9, Block AK, Lubbock County, Texas;
THENCE North approximately 605 feet to a point on the western boundary of Tract 7
which lies approximately 2675 feet West and 55 feet South of the Northeast corner of
Section 9, Block AK, Lubbock County, Texas;
THENCE East approximately 1385 feet to a point on the western boundary of Tract
25, Abstract 161, that lies approximately 1283 feet West and 55 feet South of the Northeast
corner of Section 9, Block AK, Lubbock County, Texas;
THENCE South approximately 605 feet to a point on the Southwest corner of Tract
25, Abstract 161, that lies approximately 1283 feet West and 660 feet South of the Northeast
corner of Section 9, Block AK, Lubbock County, Texas;
THENCE East approximately 1943 feet to a point that lies 660 feet East and 660 feet
South of the Northeast corner of Section 9, Block AK, Lubbock County, Texas;
THENCE North along a line parallel to the eastern boundaries of Sections 9 and 20,
Block AK, approximately 2322 feet to a point on the southern boundary of Frankford Farms
Tract 12, which lies approximately 660 feet East and 1662 feet North of the Southeast corner
of Section 20, Block AK, Lubbock County, Texas;
THENCE West approximately 605 feet to a point at the Southwest corner of
Frankford Farms Tract 10, which lies approximately 55 feet East and 1662 feet North of the
Southeast corner of Section 20, Block AK, Lubbock County, Texas;
THENCE North approximately 3027 feet to a point in the present City Limits line, as
established by City of Lubbock Ordinance No. 10117, said point being approximately 55 feet
East and 605 feet South of the Northeast corner of Section 20, Block AK, Lubbock County,
Texas;
THENCE West along the present City Limits southern boundary approximately
15970 feet to the Point of BEGINNING; containing approximately 1876 acres.
SECTION 2. THAT a service plan prepared in accordance with applicable provisions
of state law pertaining to annexation is attached hereto as Exhibit B and made a part hereof
for all intents and purposes.
SECTION 3. THAT the City Engineer is hereby authorized and 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 this Ordinance shall be become effective thirty (30) days after
the date of final passage by the City Council.
SECTION 5. 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 6. 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 20th day of November _, 2008.
Passed by the City Council on second reading this 4th _ day of December W, 2008.
ATTEST:
Rebecch Garza, City Secretary
APPROVED AS TO CONTENT:
Randy Henso irector of Planning
TOM MARTIN, MAYOR
3
APPROVED AS TO FORM:
Don Vandiver Cl Att&ne
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ddord/AnnexSubCSW 114Frankford08
September 22, 2008
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Ordinance No. 2008-00104
Service Plan: portions of the area 660 feet west of Frankford, 660 feet south
of FM 1585, 55 feet west of Alcove, to the existing city limits 660 feet south
of 114th Street, properly described in Exhibit A
EXHIBIT B
ANNEXATION OF APPROXIMATELY 2,012 ACRES
1. Police:
a. City of Lubbock Police Beat 35 would extend south and take in
Lubbock Police Reporting Districts 222, 221 and 220. Beat 34
would take in a small portion of reporting district 219 and 266.
The majority of the annexation will be patrolled by the officer riding
City of Lubbock Police Beat 35.
b. Patrol, radio response to calls, and other routine police services,
using assigned personnel and equipment, 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
firefighting force (primary response from Station #15, 80th and Venita
with backup from Station # 12, 79th and Slide). Within the limitations
of existing available water sources and distances from fire stations,
fire protection will be provided on the effective date of annexation.
The City has two (2) tanker trucks currently assigned at Stations
#15, 80 h and Venita and #5 Broadway and Zenith. In addition, the
City will activate the mutual aid agreement with the Wolfforth Fire
Department if additional tankers or other assistance is needed within
the area.
b. Within the constraints of existing or future bond approvals, fire
stations and personnel to serve the annexed area will be
considered.
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 sixty (60) working days for commercial
customers who desire City services. Residential parcels required
by City Code to be serviced by the City of Lubbock Solid Waste
Department shall make that arrangement within two years. Until
that date they may continue service with a private service provider
should they choose.
Refuse collection as provided City wide will be arranged with
individual residential owners of property or tenants.
Those responsible for payment of utility services shall make
arrangements with the City of Lubbock Solid Waste Department to
have disposal service subject to the previous paragraph.
Approximately 105 residential units currently exist in the area, on
fewer than 100 parcels or lots. Standard City provided refuse
collection will be provided as required by the Code of Ordinances
and State law for the areas that are inhabited and per City Code
when residential new construction occurs within the annexed area.
4. Traffic Engineering, Public Works Engineering and Streets:
a. Public Works Engineering and Planning Department personnel will
review available resources (maps, plats and dedication deeds) in
coordination with Lubbock County Engineering to determine which
streets are dedicated to the public. Such dedications will be
entered into the City of Lubbock Official Base Map. In addition,
other departments will be made aware of street dedications for
planning purposes.
b. Routine maintenance of existing dedicated public streets (excluding
State Highways) will begin on the effective date of the annexation.
c. Paving of any existing streets will conform to existing City of
Lubbock Paving Policy, with such paving costs normally at the
exbense of the abutting property owners, with the exception of the
paving of designated thoroughfare streets which will be paved in
accordance with City Paving Policy and prioritized with other
thoroughfare paving needs city-wide by the City Council. All new
streets and alleys will have the right-of-way dedicated and required
curb and gutter and paving constructed in accordance with the
requirements of platting property under existing City Code and other
Policy provisions.
d. Subject to platting and street dedication or existing needs as
determined by the Traffic Engineering, the Traffic Engineering
Department will install and maintain traffic control devices.
e. 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 is not readily available in the proposed area at present,
b. Sewer service is currently unavailable to this area. In order for the
City to provide sewer service to this area, City Council must
approve the construction of two large diameter sewer mains. The
construction of a proposed sewer main from the existing sewer
treatment plant to 98th and Ave. P and the completion of an
additional large diameter main within the annexed area must be
completed before sewer service will be available to this area.
c. Major main extensions to the area will be considered in by the City
Council future capital improvement programs.
d. Availability of water and sewer prior to or beyond the extension of
mains within a capital expense program is at the request and
expense of the user, and shall be provided within current policies
and ordinances of the City (note below for an explanation of pro -
rata charges).
e. Water and sewer for domestic and commercial use, when installed,
will be available at approved City rates.
f. Water for fire protection will be available through lines only after
service lines are installed. Water in fire truck pumpers or in relay
from existing sources will be used for fire suppression until that
time.
g. Any existing Public Water System will not be incorporated into the
City of Lubbock water distribution system without the necessary
Improvements, Dedicated Easements, and Executed Contract for
Service.
6. Pro -Rata Charges
Chapter 28, 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 or group of individuals desires water and/or sewer service
to provide service adjacent to the property(ies) or when the service
connection will be made to a line constructed after April 1, 1952, the
person or persons desiring service shall pay non-refundable charge called
pro -rata. 2008 pro -rata charges include $10.00 per front foot of lot or tract
to be serviced for sewer and $11.00 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 8017 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.
T. 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
dedicaffin of property during development or purchase with appropriate
City funds.
8. Building Inspection, Planning, Inspection Services:
a. Any inspection service or code enforcement now provided by the
City (zoning, environmental control, health, animal control, building
inspection), will begin in the annexed area on the effective date of
annexation.
b. Any inspection or enforcement services and vector control
(mosquitoes, flies, rodents) now provided by City personnel will
begin in the annexed area on the effective date of annexation.
c. The planning and zoning jurisdiction (of the City), including the
platting process, will extend to the annexed area on the effective
diate of annexation. City planning policy will encompass the
annexed area. The annexed area will be zoned a "T" (transition)
pending adoption of an amended Comprehensive Land Use Plan
for the area and future zone case requests. All existing land uses
shall become "legal non -conforming" with the exception of the sale
of fireworks. State Law prohibits the sale of fireworks within any
city limits. One exception regarding nonconforming is governed by
Part (f) of Section 29-26 of the Code of Ordinances as follows:
(f) Nonconforming sign abatement.
(1) The following signs and/or advertising items shall become
nonconforming on the effective date of this ordinance [chapter] and
shall be brought into compliance or removed within six (6) months
of the effective date of this ordinance [chapter].
a. Signs with flashing, blinking, or traveling lights, regard! --ss of
wattage, which are located within forty-three (43) feet of any
street right-of-way. Signs with flashing, blinking, or traveling
lights, regardless of wattage, and excepting time and
temperature signs which are located within one thousand (1,000)
feet of any street intersection.
b. Any sign which is affixed to sign supports prohibited in section
23.2-6 [29-26(b)(6)].
c. Banners, pennants, searchlights, twirling signs, sandwich, or
"A" frame signs, sidewalk or curb signs, balloons, or other gas-
filled objects, except as provided in section 23.3-4 [29-26(c)(4)].
d. Flags, other than those of any nation, state or political
subdivision, or one flag which shows an emblem or logo of a firm
or corporation.
e. Any signs which resemble an official traffic sign or signal or
which bears the words "Stop," "Go Slow," "Caution," "Danger,"
"Warning," or similar words.
f. Signs which, by reason of their size, location, movement,
content, coloring or manner of illumination may be confused with
or construed as a traffic -control sign, signal or device, or the light
of an emergency or road equipment vehicle, or which hide from
view any traffic or street sign or signal or device.
g. Portable or wheeled signs.
h. Any sign which emits sound, odor or visible matter, which
serve[s] as a distraction to persons within the public right-of-way.
L Any signs and their supports in violation of section 23.3-1 [29-
26(c)(1)] are hereby deemed to be in trespass on public property
and shall be immediately removed by the administrator or his
agent. This removal shall be done in a manner, if reasonably
possible, to preserve the value of such signs and supports. If the
administrator directs an independent contractor to remove said
signs and supports, the cost of such work shall be minimized by
the administrator to whatever extent is reasonably possible.
The owners of any removed signs and supports, except signs
made of paper or cardboard or their supports, shall be notified.
The first attempt at notice shall be within three (3) days of the
removal of the sign and supports. The manner of notice shall be
that which will best achieve notice under the circumstances,
including the use of certified mail, hand delivery or publication.
Refusal of certified mail which has been properly addressed and
posted shall not void the notice. Hand delivery may be employed
where the addressee is within the city limits and when his
whereabouts are specifically known. Publication may be used
when the addressee or his whereabouts are unknown and said
publication shall be done in the same manner as prescribed in
Vernon's Annotated Civil Statutes for service of process by
publication. Notice by publication shall be deemed sufficient
regardless of its effect as actual notice.
Said notice shall inform the recipient that the City of Lubbock is
in possession of that certain sign and supports, why they were
removed, and where they may be reclaimed, as well as the
information contained in the remainder of this section.
With the exception of signs made of paper or cardboard and their
supports which may be disposed of immediately, removed signs
and supports shall be stored a period not to exceed fourteen (14)
days beginning the first day of effective notice, whether actual or
constructive. A storage change [charge] of five dollars ($5.00)
per day will be levied beginning the fourth day of that fourteen
(14) day period. Before the expiration of the storage period, the
owner of the sign and supports may reclaim his property upon
payment of any storage charges and the cost of removal, if such
removal was done by an independent contractor. If said sign and
support have not been reclaimed by the expiration of the storage
period, they may be disposed of in whatever manner the
administrator shall choose. If in his opinion the sign and supports
are not capable of being sold they may be discarded, but if sold,
the proceeds there from shall be first applied to the storage
charge and removal charge if any, and the remaining balance
shall be mailed to the past owner of the sign and supports, if
reasonably possible, or if not, then to the general fund of the city.
(2) All signs not covered by Section 23.6-1 [29-26(f)(1)] which are in
violation of other provisions of Section 23 [29-26] shall become
nonconforming. Said signs shall be brought into compliance by
alteration or removal, by January 1, 1982 unless the height, area,
location or supports of an existing sign are altered, in which case
the sign shall be brought into compliance at the time of alteration.
Nothing in this section shall prevent the removal of damaged or
abandoned signs under Section 23.4 [29-26(d)] or the termination
of nonconforming uses under Section 24 [29-27].
(3) The abatement periods provided in subsections (f)(1) and (f)(2),
immediately above, commenced on the effective date of Ordinance
No. 7084, which was July 19, 1975, and was effective as to all such
defined nonconforming signs within the corporate limits on such
effective date. The abatement periods for the defined
nonconforming signs located in areas annexed into the corporate
limits on or after the 3rd day of July, 1985, shall commence to run
on the effective date of annexation of the area in which such
nonconforming signs are located. For such purpose the effective
date of annexation shall be either the date of final passage of the
annexation ordinance involved, or, the date upon which such
annexation is approved under the provisions of the Voting Rights
Act, whichever action is the last to occur. The abatement periods
for the defined nonconforming signs located in areas annexed
between July 19, 1975 and July 3, 1985, shall commence to run on
the 3rd day of July, 1985, or, the date upon the effective date of
annexation of the area in which the nonconforming sign is located,
whichever action is the last to occur.
9. Emergency Services:
a. The City of Lubbock shall notify Lubbock County Hospital District of
this annexation and provide the effective date of annexation with
regard to provision of emergency medical services.
b. Other emergency services providers and LECD will be notified of
the annexation. They will be provided with the effective date and
maps of the annexed area indicating any street name changes.
c. The Planning Department will update the centerline file and the
information will be loaded into the Police and Fire dispatch systems
during the week between Council action and the effective date of
the ordinance. Businesses will be notified of any change of
address at that time.
Counter ring
CERT 2011042622
14 PGS
CITY OF LUBBOCK §
COUNTY OF LUBBOCK §
STATE OF TEXAS §
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. 2008-00104 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.
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 this 14th day of November, 2011.
�A
s'` t '•
((fity Seal)
Rebecc Garza
City Secretary
City of Lubbock
Lubbock County, State of Texas
FILED AND RECORDED
e- >J. OFFICIAL PUBLIC RECORDS
41yOF1�
Kelly Pinion, County Clerk
Lubbock County TEXAS
December 07, 2011
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