HomeMy WebLinkAboutOrdinance - 10117-1998 - Annexing An Area Of Land - 10/22/1998II I First leldin.J
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Q;td:s-22, 1913
Second Reading
Item No •. :31 ..
January 14, 1999
ORDINANCE NO. 10117
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 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 and 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, 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 as established by City of Lubbock
Ordinance No. 7900, said point being 660 feet south and 660 feet west of the northeast comer
of Section 22, Block E2 of Lubbock County Texas;
THENCE North along a line ( the existing City Limits as established by City of
Lubbock Ordinance No. 7900) parallel to and 660 feet west of the east section line of
Section 22 Block E2 and Section 18 Block E2 approximately 3,300 feet to a point in the
existing City Limits as established by City of Lubbock Ordinance No. 7557 said point being
660 feet west and 2640 feet south of the northeast comer of Section 18 Block E2;
THENCE West along a line (the existing City Limits as established by City of
Lubbock Ordinance Numbers 7557,8417, and 9933) parallel to and 2640 feet south of the
north section line of Section 18 Block E2, Section 16 Block E2 and Section 25 Block E2
approximately 9,955 feet to a point in the existing City limits as established by City of
Lubbock Ordinance No. 9933 said point being 55 feet west and 2640 feet south of the
northeast comer of Section 25 Block E2;
THENCE North along a line ( the existing City Limits as established by City of
Lubbock Ordinance No. 9933) parallel to and 55 feet west of the east section line of Section
25 Block E2 approximately 1980 feet to a point in the existing City Limits as established by
City of Lubbock Ordinance No. 7504 said point being 660 feet south and 55 feet west of the
northeast comer of Section 25 Block E2;
THENCE West along a line ( the existing City Limits as established by City of
Lubbock Ordinance No. 7504 ) parallel to and 660 feet south of the north section line of
Section 25 Block E2 approximately 5170 feet to a point in the existing City Limits as
established by City of Lubbock Ordinance No. 9933 said point being 55 feet east and 660
feet south of the northwest comer of Section 25 Block E2;
THENCE South along a line (the existing City Limits as established by City of
Lubbock Ordinance No. 9933 ) parallel to and 55 feet east of the west section line of Section
25 Block E2 approximately 1980 feet to a point in the existing City Limits as established by
City of Lubbock Ordinance No. 9933 said point being 55 east and 2640 feet south of the
northwest comer of Section 25 Block E2;
THENCE West along a line (the existing City Limits as established by City of
Lubbock Ordinance No. 9933) parallel to and 2640 feet south of the north section line of
Section 25 Block E2 and Section 21 Block AK approximately 2695 feet to a point in the
existing City Limits as established by City of Lubbock Ordinance No. 9933 said point being
2640 feet south and 2640 feet west of the northeast comer of Section 21 Block AK;
THENCE North along a line ( the existing City Limits as established City of Lubbock
Ordinance No. 9933 ) parallel to and 2640 feet west of the east section line of Section 21
Block AK approximately 1980 feet to a point in the existing City Limits as established by
City of Lubbock Ordinance No. 8688 said point being 660 feet south and 2640 feet west of
the northeast comer of Section 21 Block AK;
THENCE West along a line (the existing City Limits as established by City of
Lubbock Ordinance No. 8688) parallel to and 660 feet south of the north section line of
Section 21 Block AK and Section 22 Block AK approximately 3300 feet to a point in the
existing City Limits as established by City of Lubbock Ordinance No. 8688 said point being
660 feet south and 660 feet west of the northeast comer of Section 22 Block AK;
THENCE North along a line ( the existing City Limits as established by City of
Lubbock Ordinance No. 8688) parallel to and 660 feet west of the east section line of
Section 22 Block AK, Section 27 Block AK, Section 30 Block AK, Section 35 Block AK,
and Section 38 Block AK approximately 21,120 feet to a point in the existing City Limits as
established by City of Lubbock Ordinance No. 8660 said point being 660 feet south and 660
feet west of the northeast comer of Section 38 Block AK;
THENCE West along a line (the existing City Limits as established by City of
Lubbock Ordinance No. 8660 ) parallel to and 660 feet south of the north section line of
Section 38 Block AK and Section 39 Block AK approximately 5,280 feet to a point 660 feet
south and 660 feet west of the northeast comer of Section 39 Block AK;
2
'I
THENCE South along a line parallel to and 660 feet west of the east section line of
Section 39 Block AK, Section 34 Block AK and Section 31 Block AK approximately
11,076.7 feet to its intersection with the north right of way line ofU. S. Highway 82 & 62;
THENCE South 53° 54' 20" west along the north right of way line U.S. Highway 82
& 62 approximately 5785.6 feet to a point 55 feet west of the east section line of Section 32
BlockAK;
·THENCE South along a line parallel to and 55 feet west of the east section line of
Section 32 Block AK, Section 25 Block AK Section 24 Block AK and Section 17 Block AK
approximately 11,915.1 feet to a point 660 feet south and 55 feet west of the northeast corner
of Section 17 Block AK;
THENCE East along a line parallel to and 660 feet south of the north section line of
Section 17 Block AK, Section 18 Block AK, Section 19 Block AK, Section 20 Block AK,
Section 24 Block E2, Section 23 Block E2, and Section 22 Block E2 approximately 31,075
feet to the POINT OF BEGINNING.
Said described area is entirely located within Lubbock County, Texas and contains
approximately 10.41 square miles.
SECTION 2. THAT a service plan prepared in accordance with applicable provisions
of state law pertaining to annexation is attached hereto as Exhibit A 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 upon 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.
3
AND IT IS SO ORDERED.
Passed by the City Council on first reading this ~2nd day of October
Passed by the City Council on second reading this 14t:h day of .January
C?L~~
onald G. Vandiver, First Assistant City Attorney
ddordl ANNEXORD.DOC
October 12, 1998
4
' 1998.
' 199_·9.
EXHIBIT A
SERVICE PLAN
Subject to Section 43.056 of the Texas Local Government Code, the
following service Plan is proposed to be in effect for a ten year period
commencing on the effective date of the annexation. Renewal of the
Plan shall be at the option of the City.
It is the intent of the City of Lubbock that services under this Plan
shall equal the number of services and the level of services in
existence in the area prior to annexation and that which are available
in other parts of the City with land uses and population densities
similar to those reasonably contemplated or projected in the area.
However, it is not the intent of this Plan to require that a uniform level
of services be provided to all areas of the City, including the annexed
area, where differing characteristics of topography, land utilization
and population density are considered as a sufficient basis for
providing differing service levels.
The City reserves the right guaranteed to it by Section 43.056(h),
Local Government Code, to amend this statutorily created contract if
the City Council determines that changed conditions or subsequent
occurrences or any other legally sufficient circumstances exist under
the Local Government Code, or other Texas laws to make this
service plan unworkable or obsolete or unlawful.
SERVICE PROGRAMS
1. Police:
a. Any area annexed will be added to an existing Patrol
District within sixty (60) days after the effective date of
annexation.
b. Patrol, radio response to calls, and other routine police
services, using assigned personnel and equipment, will
be provided within sixty (60) days after the effective date
of annexation.
c. When population and/or frequency of calls in the area
demand, within the constraints of existing or future
funding approvals, additional personnel, equipment and
facilities will be added to continue police services in a
manner provided to areas with similar levels of
development throughout the City.
2. Fire:
a. Fire protection by the present personnel and the
equipment of the fire fighting force (primary response
from Station 12 -79th and Slide), within the limitations of
available water and distances from fire stations, will be
provided within sixty (60) days after the effective date of
annexation. Tanker trucks and drivers will be funded and
the bid process underway within the statutory sixty days.
b Funding for staffing and construction of a fire station in
the vicinity of 82"d Street and Upland Avenue shall be
secured and the facility shall be in place within three
years of the effective date. The actual target completion
date is within two years.
c. All existing and future businesses in the annexed area will
be included for fire inspections under the business
inspection program.
3. Sanitation (Solid Waste Disposal):
Refuse collection service will be extended to the annexed area
by the City Solid Waste Department or by private companies
under City contract or permit within sixty (60) days after the
effective date for all residential units. Commercial customers
may choose between City or private services. Because of
existing contracts between residents and private haulers, the
annexed area may be subject to a contract or permit with
private companies that will allow their service to remain for a
specified period.
4. Traffic Engineering, Streets, Streets Engineering and
Stormwater Drainage:
a. Routine maintenance of existing dedicated public streets
(excluding State Highways) will begin within the sixty (60)
days after the effective date of the annexation.
b. All new streets proposed for platting within existing City
Codes and policies will be constructed and dedicated
without City cost (with the exception of the thoroughfare
and collector paving policies). Paving, curb, and gutter
may also be accomplished through a pre-paid or
assessment program.
c. Subject to platting requirements and street dedication, the
Traffic Engineering Department will install and maintain
traffic control devices and street signs.
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.
e. As areas within the annexed area are proposed for
development, the Lubbock Stormwater Utility will compare
the drainage analysis with the Southwest Drainage Study
for compatibility. Future capital improvements for
drainage projects will be designed as funds are available.
5. Water and Sewer:
a. Water and sewer are not readily available in portions of
the proposed area at present.
b. The area will be included to the Master Utilities Plan in
connection with planning for new, revised or expanded
public water and wastewater facilities.
c. Water and sewer lines for domestic and commercial use
(subdivision lines) shall be made available as outlined
within the City Code of Ordinances. Major main
extensions to the area will be included in the future capital
improvement programs. Any such construction shall
begin and be substantially completed as required by law.
d. The area proposed for annexation contains 14 existing
areas (see attached graphic) that constitute substantially
developed subdivisions. When a number of owners of
individual parcels that exceeds 50 percent within any of
the existing subdivisions pay pro-rata for water and/or
sewer subdivision lines (described in 11) and adjacent
mains are NOT in place, such mains as required to
provide the subdivision shall be extended from existing
facilities with no attendant adjacent line or oversize
charges.
e. Areas outside the noted subdivisions shall be subject to
paying for both pro-rata (subdivision lines) and the cost of
extension for mains.
f. Availability of water and sewer (subdivision lines) beyond
the extension of mains is at the request and expense of
the user(s), and shall be provided as outlined within
current policies and ordinances of the City (note #11 for
an explanation of pro-rata charges).
g. Water and sewer for domestic and commercial use, when
installed, will be available at approved City rates.
h. Water for fire protection will be available through lines
only after service lines are installed. Water in pumpers or
in relay from existing sources will be used for fire
suppression until that time.
i. The basic grid of fire lines for developed areas shall be
constructed within three years of the effective date, save
and except any portion of the grid where circumstances
beyond the control of the City (right of way acquisition,
construction delays, etc) may delay completion. Two
years is the targeted time frame for construction to be
substantially.complete. Exhibit A illustrates a schematic
j.
of the proposed basic grid; actual location of lines will
vary.
A secondary grid of fire lines within the area bounded by
Upland, 1141h, Milwaukee and Frankford shall be
constructed within four and one-half (4.5) years after the
effective date, save and except where circumstances
beyond the control of the City (right of way acquisition,
construction/materials delays, etc.) may delay completion.
6. 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. Improvements will be
subject to approval of funding.
7. Building Inspection, Planning, Environmental Inspection, Animal
Control and Health Services:
Any inspection service or code enforcement now provided by
the City (zoning, environmental, building inspection) will begin
in the annexed area within sixty (60) days after the effective
date of annexation. Any health services and vector control
(mosquitoes, flies, and rodents) now provided by City personnel
will begin in the annexed area within sixty (60) days after the
effective date of annexation. Services provided by Animal
Services will be available within sixty (60) days after effective
date of the 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. Lubbock
Comprehensive Land Use Plan policies will encompass the
annexed area. The annexed area will be zoned "T" (transition)
pending platting and zone case requests.
8. Emergency Service:
The City of Lubbock shall notify the Lubbock County Hospital
District (for EMS) and the Lubbock Emergency
Communications Districe (911) of this annexation on the
effective date of annexation with regard to provision of
emergency services and 911 calls.
9. Citibus:
Citibus will make the Demand Response Service (DRS)
available to residents of the annexed area within sixty (60) days
of effective date of the annexation. Citizens eligible for this
service area certified as directed by the Americans with
Disabilities Act. Future fixed routes within the area will be
subject to consideration and approval by the Transit Advisory
Board. No Citibus fixed routes exist in the service plan area at
present.
1 0. Street Lighting:
Existing street lighting of a public right of way will be assumed
for maintenance by Lubbock Power and Light. Future street
lights in existing or proposed subdivisions will be installed upon
payment of standard street light pro-rata and granting
necessary easements to get wiring to the light standards.
11. Zoning:
For established Subdivisions that have recorded deed
restrictions allowing livestock, the Planning Department shall
file and process zone change requests on a timely basis for
·
11RE" Residential Estate zoning. RE zoning allows livestock up
to a maximum number based on lot size. The result of such
zone case is subject to City Council approval after a public
hearing.
12. Water and Sewer 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. These charges normally occur
during the initial development of subdivision. 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. 1998 pro-rata charges include $9.50 per front foot of lot or
tract to be serviced for sewer and $9.00 for water. These
charges are periodically amended, and are not guaranteed to
be the same in future years.
Unless directed otherwise by an annexation service plan, 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.
AMENDMENT: GOVERNING LAW
This Plan may not be amended or repealed except as provided by the
Texas Local Government Code or other controlling law. Neither
changes in the methods or means of implementing any part of the
service programs nor changes in the responsibilities of the various
departments of the City shall constitute amendments to this Plan, and
the City reserves the right to make such changes. This Plan is
subject to and shall be interpreted in accordance with the Constitution
and laws of the United States of America and the State of Texas, the
Texas Local Government Code, and the orders, rules and regulations
of governmental bodies and officers having jurisdiction.
FORCE MAJEURE
In case of an emergency such as Force Majeure as defined below, in
which the City is forced to temporarily divert its personnel and
resources away from the annexation area for humanitarian purposes
or protection of the general public, the City obligates itself to take all
reasonable measures to restore services to the annexation area of
the level described in this Plan as soon as possible. Force Majeure
shall include, but not be limited to, acts of God, acts of the public
enemy, war, blockages, insurrection, riots, epidemics, landslides,
lightning, earthquakes, fires, storms, floods, washouts, droughts,
tornadoes, hurricanes, arrest and restraint of government, explosions,
collisions and other inability of the City, whether similar to those
enumerated or otherwise, which is not within the control of the City.
Unavailability or shortage of funds shall not constitute Force Majeure
for purposes of this Plan.
1. Pine Grove Estates
2. Papalote Estates
3. Pecan Plantation
4. Rancho Verde Estates
5. Papalote South
6. Southwest Acres
7. West 82nd Commercial
8. West View Commercial
9. West 82nd Business
10. Westwood
11. Regency Park
12. Regency Park Phase 3
13. West Lake
14. Lakeview Heights
D
N w+E
........ S ........... .
c
1. Pine Grove Estates
2. Papalote Estates
3. Pecan Plantation
4. Rancho Verde Estates
5. Papalote South
6. Southwest Acres
7. West 82nd Commercial
8. West View Commercial
9. West 82nd Business
10.Westwood
11. Regency Park
12. Regency Park Phase 3
13. West Lake
14. Lakeview Heights
MAP IN FILE
SEE
ORDINANCE
. v
THE STATE OF TEXAS
COUNTY OF LUBBOCK
Before me Jeremy Davis a Notary Public in and for Lubbock County, Texas on this day
personally appeared Deanna Gray I Telephone Sales Manager of the Southwestern Newspa-
pers Corporation, publishers of the Lubbock Avalanche-Journal-Morning, and Sunday, who being by me duly
sworn did depose and say that said newspaper has been published continuously for more than fifty-two weeks pri-
or to the first insertion of this ....;A=dv.:..e::.::rtJ=se=m=en:.:.:t!Le~?g!ll.:!arii~N"-?o~tl~c~e-------------------
--------,.-.--=-----cc-=----::-:::-=-' o.ldf-lf?f() at Lubbock County, Texas and the attached print-
ed copy of the Advertisement/Legal Notice is a true copy of the original and was printed in the Lubbock
Avalanche-Journal on the following dates: """..s;'-i~=ffi~,..,.;;;...6e""',.'---LJ~<--<.../'i?<-L-8'"=--------=::-:--=-=--:-:-r~;-;::----
LUBBOCK AVALANCHE-JOURNAL
Morris Communication Corporation
Total: $ "'~& ..
l ::z!-o (!_r(.J.---'lY.
Subscribed and sworn to before me thi.,__..c;._ ___ day of ____________ l9·------
FOR!\158-111 e JEREMY DAVIS
Nealy Pubic. hl8 of Texas
My CornrrDslon EJplres
03-23-2002
,.,., City· Council er ~bb~k wilt f CQII<Iuct o llullllc heorlf!tt CIS rt·
!'fUired II' ltctlcn 0.11112 Of the t.,o.
Idol -mmel'lt COcl& to consider • illlnexotlOrl Of land 11110 the -· Illite llmlf*. The heorlntt will be In
E Banquet Holt ot the Memorlol v!c Center, 1501 6th Street ot 6:30 M. on S•Piernber 22, '1'198, unless qulred.ot o different l~tlon II' !w. All Or POrtions Cit ltrGIIerlv In loci< AK, Sections 18,19, 20, 21, 22.
. ~ 26, 27f 30, 31, :U, 35, :18, Ond 391
il[ldJIIIOCI< ~·2, Sectrona IS, 16. 17, ,;1,, ... :t3i.ond 24 LUbbock County, Texas wflllle consiCiertd. Thest .-ctlons jlrtl within or adlaosnt to
41!1 area llounCied llv 11.Uh Street, Milwaukee Avenue, Alcove Av• nue• llrowntltld .Highwcry; Upland ~venue anCI Mh Street on tile wast
IJIIC( ll;l!h AIC:Ove Awnue anCI tndl· !Ina Awnue on the aaufl\, A PrO-
.IIbled aerylce Ilion 11 available for revJew at Room 107, 1625 Uth Street. Lubbock, Texas. Questions mav 11e ,....red to 775-2103.
P\lblle meetings are avolloble to all~ttraonnevarllleu Of lllaobllltv. II vou reau1re tJ~~~dal osslstonce, ltleoae contoct tha Clly Secretary's Olllce at 71,5·2026 or wrlla to ua ot I PO Box 2000, Lll:lbodc, TX ~at leas. t 4 ll.aurs In advonct al the
1
. : meetln;. IW69 ' . .
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Classified Sales anager
LUBBOCKAVALANCH&JOURNAL
Morris Communication Corporation
/'/&77 SECOND ~EADING ORDINANCE
ORDINANCE NO. Hat7
COMPTROLLER OF PUBLIC ACCOUNTS
P.O. BOX 13528
January 26, 1999
Mr. Randy Henson
Senior Planner
City of Lubbock
Post Office Box 2000
Lubbock, Texas 79457
Dear Mr. Henson:
AUSTIN, TX 78711-3528
We have received annexation ordinance no. 10117 and the map indicating the property to be
annexed into the City of Lubbock.
The local sales and use tax will become effective April 1, 1999 in the area indicated on the map.
If you have any questions or need more information, please call me toll free at 1 ~800-531-5441,
extension 34443. My regular number is 512/463-4443.
Sincerely,
~----9·~
KarenJ.Fog
Revenue Accounting Division
Tax Allocation Section
City of Lubbock
Regular City Council Meeting
October 22, 1998
Agenda Item Number 44
Transcript of Councilmember Victor Hernandez
Page 1 of2
Mayor, I would like to make a few comments as well.
First of all, in actually reviewing the service plan which we were given this morning, Jim and Randy, I
would like to commend the City ofLubbock staff for veering from the norm that the City has normally
undertaken in relation to service plans. I have had the opportunity to review service plans for previous
annexations and this is in greater detail than some previous annexation plans, and I am a little grateful that
the negotiations between Alex Scarborough and his gronp and the City have actually forced a change in this
service plan. I think that the service plan is still vague, and I understand the legal reasons for doing so but I
know that if I were to be annexed that I would want it more specific and detailed including timelines that
are more specific as well.
Second point that I would like to make is to echo the sentiments in commending Alex and his group and
their willingness to sit down with the City and try to work out a deal. I think that it is important to note,
however, that they felt compelled to do so because they believed, I suspect, that annexation was really
coming and not to annex was not an option -so it was one of those deals. That is why I ask him today if in
fact their first choice is not to be annexed and they say that, infact, it is.
Thirdly, I would like to address the issue of the rate increases. The rate increases and the numbers
associated with those rate increases have fluctuated from day one. I think there are a couple of points that I
would like to clarify in relation to those rates. The initial rate increases were in the double digits and they
were in the double digits not because they were based on bad numbers but rather based on services above
and beyond that were going to be provided and were required by law. I think that the numbers were correct
and, therefore, the projected rate increases were correct. It is that what was being proposed at that time was
more than what is currently being proposed and so that somewhat explains the fluctuations of the rate
increases. The second point as far as the rate increases are concerned is the City of Lubbock is, in fact,
enjoining or will enjoin a surplus of revenue as a result of extremely good business management and
fortune and us having extremely hot weather this summer, and it is those monies that are now being ear
marked to help offset those rate increases. I would, however, caution any elation on the part of the
citizenry because there are other projects coming down the pike that will probably necessitate rate
increases. In my view, it has always been a question of can you use your existing reserves to help offset the
rate increases in relation to this annexation or could you use those reserves to help offset projects that are
already coming down and will affect the City of Lubbock citizens. I was quoted in the paper that it is a
shell game, and I do view as such simply because it is a question being able to use those reserves to offset
one thing when in reality the City knows that there are other possible rate increases and probable rate
increases as a result of other projects, and the bottom line to me is rate increases.
I would like to make mention of something that was brought to my attention as a result of the backup
material when this issue was ftrst presented to the Council and that being the City of Lubbock has not
undergone an extensive evaluation of the effects of this annexation. In effect if you look at the backup
material, they are saying that the cost would be prohibitive to do so. Well, in my eyes, we are looking to
spend over 18 million dollars including debt service on this project, and it seems to me a bit of a weak
argument to say that the City of Lubbock cannot undergo an extensive analysis of the projected effects not
only to the citizens of Lubbock but the potentially effective residents in the proposed annexed area. I
would strongly encourage this City to undergo that extensive analysis. If it is going to do an extensive
City of Lubbock
Regular City Council
Transcript of Councilmember Victor Hernandez
Page2 of2
analysis, I would recommend to do so following the guidelines that TxDot puts out in relation to any major
projects it undertakes in doing a full blown environmental impact study. Although Alex has been doing an
admiral job in representing the folks in the proposed area, there has been no one at the table from a citizens
group outside councilmembers and outside staffers who are representing the interest of citizens living
currently within the City of Lubbock. This proposed annexation has many, many potential affects on the
citizens of Lubbock aside and apart from rate increases. Whether or not that is done between now and
January, I do not know, but I think the citizens of Lubbock need to take a look at that need to voice their
opinion as far as getting that done.
Mayor Sitton asked if there were other comments.
Mayor Sitton commented that I would like to make ... that it has been a great team effort. Do I hear a
motion?
Councilmember Cooke moved to pass this ordinance that will help ensure the future of our City and that
part of the motion include the setting of the date of the second reading for the first meeting in January.
Councilmember Nelson seconded the motion.
Victor Hernandez requested to make an additional comment.
One last comment that I did not make before that I wanted to make is that the environmental impact study
that I am proposing to be done is critically important especially in relation to LISD and the potential effects
that the proposed annexation will have on their environment. Currently, my wife serves on the Facility
Review Committee for LISD and they are already talking about closing possibly 3 or 4 schools as the
migration from North and East Lubbock continues, and it is these ancillary issues that no one is taking a
look at in relation to this project that I think is extremely important that we do take a look at.
Motion has been made by Councilmember Cooke, seconded by Councilmember Nelson. All in favor say
aye (all councilmembers except Hernandez responded), all opposed say nay, Hernandez responded.
Motion carried 6-l.
City of Lubboc=k
Regular City Council Meeting
January 14, 1999
Agenda Item Number 31 -Annexation
2nd and Final Reading
Transcript of Councilmember Victor Hernandez
Motion made by Councilmember Cooke and seconded by Councilmember McDougal.
VH Discussion
WS Is there discussion?
VH Jim, just point of clarification. Did you say the bids had already been let on the
fire hydrants?
JB No, I said the bids have been received.
VH Okay, no, I think you said let, that's why I was kind of wondering.
JB They won't be let today. They have been received and they are on the Agenda.
VH And then you said a tanker had already been acquired?
JB That's correct.
VH And what kind of tanker is that?
JB It's a tanker to store water since we don't have a station out there yet. We don't
have fire hydrants-it would be available to provide water in case of fire within
the area until we get our station acquired.
VH That was acquired when?
JB After the ordinance was passed on 1st reading. I don't remember the exact date.
VH Uh, as far as the indebtedness the City will have to undergo in relation to the
annexed area, do you remember how much that was or projected to be? The total
cost?
JB As Bob said, we can pull those figures together and get ..
VH We have already pulled them once and I was just trying to remember.
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BC I can't remember. Those were reported to the public in the newspaper and then
we've given those to Council as well, but I don't recall the numbers.
VH Was it 40 million?
BC I think that was a combination of capital costs and annual operating costs.
BB The sewer was about 6.1 million. Water was 4. something million.
BC Fire station would be approximately 2 million.
VH And other costs?
BB Those are indebtedness costs.
VH Okay, but there's also some cost being absorbed by the City that won't require
indebtedness. Correct?
BC There'll be operating costs. Fire station full manned ...
VH Have the costs associated with this proposed annexation increased since what you
presented to us during the 1st reading? Have they remained stagnant?
m I believe they've remained about the same that they were in the first reading.
VH Okay. I just wanted to make two points. Really three points. I voted against this
the first time around, and I plan to vote against it this time around. Uh, and really
just limiting my comment to three points. Obviously, I alluded it to this first point
previously in relation to a different item that was passed earlier. You know, as a
result of us having to incur indebtedness. As a result of proposed annexation
that's impacting our reserves, and as a result later on impact. Uh, how we fund or
are able to fund future projects that are coming down the line. So, obviously I
have a concern about that because you know, just using an analogy, if you've got
a glass that's already full of water, you can't pour anymore water in. And, the
reality is that we've got reserves, uh, that we're drawing water out of. And it gets
to the point where you can't draw anymore because there ain't anymore and so,
logically that means we'll have to go back to the taxpayers. If not for this, for
something in the future which is impacted as a result of us funding the
annexation. So obviously, I'm concerned about that.
The second major concern that I've got is the practical effect that this will have on
the City long-term. And there was a little bit of mention made by LISD and the
impact that this will have on LISD as far as the things that we as a city do which
in fact helps the City continue to grow into the Southwest and outside ofLISD's
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boundaries. And I've got great concern about that because LISD is already
talking about the impact the migration, the current migration throughout the City
is having on their school system and particularly on their ability to be able to fund
and operate and maintain open some public schools. And my point is that I'm
concerned that as we continue to facilitate and encourage growth into the
Southwest through our actions, that what we're doing is putting a greater burden
on LISD and placing them in a position where they have no choice but to continue
to close schools primarily in North and East Lubbock, and so, that's my second
concern.
My third is not really a concern, it would just be more of a comment. Uh, because
first of all I would like to also thank Alex for the flowers that he sent to Council.
But, I would remind Council that at the last, at the Public Hearing for the
annexation, I asked Alex if it was his preference to have that particular portion of
the County annexed or not, and he said "No, it's still our position not be annexed.
And so, what Alex is doing on behalf of the Commitment Committee is making
lemonade out of lemons. And so I wouldn't put too much emphasis personally on
his kind gesture, but rather would ask that we all put it in perspective. With that I
just like to say that I am pleased with one thing. And that is the uh, the way the
City has reacted to the needs of the propsed annexed area. Uh, I know that's
going to raise some concern in previously annexed areas as to their level of City
services being provided both at the time they were annexed and currently. And
so, I would encourage staff that just with the same zeal that they undertook this
proposed annexation, that they take a look at previous annexations to see if there's
anything that needs to be done in those areas. Uh, and in order to have everybody
within the City of Lubbock limits be on equal footing.
TJ I would like to make one in reference to your comment #2, Councilman
Hernandez. I see no bearing on the schools in East Lubbock are not East
Lubbock. An indication of what I'm seeing now are people coming back to the
area is only enhancing those schools. I've seen a growth factor, we, we're
generally going upward, you follow me? Noticing that the new effort by the
United Supermarket for example more jobs in the area will bring people back to
the area. You see, we live in a world now where people are moving throughout
their community, are going where they want to go but at the same time that
doesn't mean because we're annexing Southwest Lubbock that we're going to die
on the East side. We're not going to live and die because we're doing something
out here. All we're going to do is take advantage of the situation. See you
determine the growth of neighborhoods by prestigious educational facilities, and I
submit to you we have some outstanding educational facilities on the East side of
the City. So no way will we roll over and play dead. And I'm saying babies
being born and little kids riding tricycles lets me know that we will grow, you
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follow me. If they can do it over yonder, as the old folks would say, we can do it
over here.
VH Well, I would have to defer to your insight Councilman Patterson as it relates to
East Lubbock. All I can tell you then is what is occurring in North Lubbock, in
my district and what the trends have historically been in the City and those are the
trends that I'm really concerned about.
TJ What I'm saying are we going to capitalize, excuse my grammer, what we ain't
had, it's hard not to think of it we gotta have and you do that by going back to the
basics ...
Various comments by others ...
Motion carried 6-1 (Victor Hernandez)
Name Key:
VH-CouncilmemberVictor Hernandez; WS-Mayor Windy Sitton; JB -Jim Bertram;
BC-Bob Cass; BB-Betsy Bucy; TJ-Councilmember T.J. Patterson
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