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HomeMy WebLinkAboutOrdinance - 8660-1984 - Ord Annexing Area Of Land Adj. To Lubbock City Limits - 09.13.1984September 13, 1984 Agenda Item #23 First Reading September 27, 1984 Agenda Item #7 Second Reading DGV:da ORDINANCE NO. 8660 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 THE ORDINANCE AS AN EXHIBIT; PROVIDING FOR A CORRECTION OF THE CITY MAP TO INCLUDE SUCH ADDITIONAL TERRITORY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. WHEREAS, the City Council of the City of Lubbock on April 25, 1984, received a petition for annexation signed by some 400 persons residing in the area immediately west of the City of Lubbock known as the Carlisle Community; and WHEREAS, such request cited need for city services such as water and sewer facilities in such area; and WHEREAS, such area is in need of such city services in the opinion ❑f the City Council of the City ❑f Lubbock; and WHEREAS, public hearings were conducted August 16, 1984, and August 23, 19B4, with regard to said annexation request; and WHEREAS, the City Council ❑f the City of Lubbock has determined that it would be in the best interest of the citizens of the City ❑f 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 t❑ the existing corporate limits of the City ❑f Lubbock, Texas, BE and the same is hereby annexed to and included within the corporate limits of the City ❑f Lubbock, Texas. Such area is more specifically described as follows: BEGINNING at a point in the present city limits line as established by City of Lubbock Ordinance No. 2545, said point being 150 feet west and 660 feet south of the Northeast corner of Section 38, Block AK, Lubbock County, Texas; THENCE, West along a line 660 Feet South of and parallel to the North lines ❑f Section 38, Block AK; Section 39, Block AK; Section 40, Block AK; Section 7, Block D-6; and Section 8, Block D-6, Lubbock County, Texas; approximately 21,630 feet to a point 660 feet South and 660 feet West of the Northeast corner of Section 8, Block D--6, Lubbock County, Texas; THENCE, North along a line 660 feet West ❑f and parallel t❑ the East lines of Section 8, Block D-6; Section 5, Black ❑-6; and Section 4, Block D-6, Lubbock County, Texas; approximately 6005 feet to a point 65 Feet North ❑f and 660 West of the Southeast corner ❑f Section 4, Block D-6, Lubbock County, Texas; THENCE, East along a line 65 feet North of the south line of Section 4, Block D-6; the North right of way line of State Highway 114; approximately 525 feet to a point 65 feet North of and 135 feet West of the Southeast corner of Section 4, Block D-6, Lubbock County, Texas; THENCE, North 450 East approximately 120.2 feet to a point 50 feet West and 150 feet North of the Southeast corner of Section 4, Block D-6, Lubbock County, Texas; THENCE, North along a line 5D feet West ❑f and parallel to the East lines ❑f Section 4, Block D-6 and Section 25, Block D-6 approximately 5,180 feet t❑ a point 50 feet North of and 50 feet West of the Southeast corner of Section 25, Block D-6, Lubbock County, Texas; THENCE, East along a line 50 feet North of and parallel to the South lines of Section 25, Block D-6 and Section 1B, Block JS; approximately 2,690 feet to a point 50 feet north of the Southeast corner of the Southwest one -quarter of Section 18, Block JS, Lubbock County, Texas; THENCE, North approximately 610 feet to a point 660 feet North ❑f the Southeast corner of the Southwest one -quarter ❑f Section 18, Black JS, Lubbock County, Texas; THENCE, East along a line 660 feet North ❑f and parallel to the South lines of Section 18, Block JS; Section 17, Block JS; and Section 4, Block JS, Lubbock County, Texas, approximately 11,879.83 feet to a point 660 feet North and 1320.17 feet West of the Southeast corner of Section 4, Block JS, Lubbock County, Texas; THENCE, South along a line 1320.17 feet West and parallel to the East line of Section 4, Block JS, Lubbock County, Texas; 150.65 feet t❑ a point 509.35 feet North and 1320.17 feet West ❑f the Southeast corner of Section 4, Block JS, Lubbock County, Texas; THENCE, East along a line 509.35 feet North and parallel to the South line of Section 4, Block JS, Lubbock County, Texas, a distance of 465.38 feet to a paint 509.3 feet North and approximately 854.79 feet West ❑f the Southeast corner of Section 4, Block JS, Lubbock County, Texas; THENCE, North 25.67 feet along a line parallel to the East line of Section 4, Black JS, Lubbock County, Texas; t❑ a point 535.02 feet North and 854.79 feet West of the Southeast corner of Section 4, Block JS, Lubbock County, Texas; MM THENCE, East along a line 535.02 feet North of and parallel t❑ the South line of Section 4, Block JS, Lubbock County, Texas; 800 feet to a point 535.02 feet North and 55 feet West of the Southeast corner of Section 4, Block J5, Lubbock County, Texas; THENCE, North along a line parallel t❑ and 55 feet West ❑f the East line of Section 4, Block J5, Lubbock County, Texas; 124.98 feet t❑ a point 660 feet North and 55 feet West of the Southeast corner of Section 4, Block JS, Lubbock County, Texas; THENCE, East along a line 660 feet North and parallel t❑ the South lines of Section 4, Block JS and Section 3, Block JS, Lubbock County, Texas; approximately 2695 feet t❑ a point 660 North of the Southeast corner of the Southwest one -quarter of Section 3, Block 35, Lubbock County, Texas; THENCE, South along the east line of the Southwest ❑ne-quarter ❑f Section 3, Block JS, Lubbock County, Texas; approximately 355 feet; THENCE, East along a line 305 feet north of and parallel to the South line of Section 3, Block JS, Lubbock County, Texas; approximately 2492 feet to a point in the West city limits as established by Ordinance 2545, said line being the south lines of Lots 168 through 190, Terra Estates North, an addition to the City of Lubbock, Lubbock County, Texas; THENCE, South along the West city limits approximately 5,239.6 feet to a point being 150 feet West ❑f and 345.4 feet North of the Northeast corner of Section 43, Block AK, Lubbock County, Texas; THENCE, West along the present city limits line as established by Ordinance 6517, said line being parallel t❑ and 345.4 feet North of the North line of Section 43, Block AK approximately 2,640 feet to a point which is 150 feet West ❑f and 345.4 feet North ❑f the Northwest corner of the Northeast ❑ne-quarter of Section 43, Block AK; THENCE, South along the West city limits line parallel to and 150 feet West of the West line of the Northeast one -quarter of Section 43, Block AK to a point which is 150 feet South and 150 feet West of the Southwest corner of the Northeast one -quarter of Section 43, Block AK, Lubbock County, Texas; THENCE, East along the present city limit line parallel t❑ and 150 feet South of the South line of the Northeast one -quarter of Section 43, Block AK to a point 150 feet South of and 150 feet West ❑f the Southeast corner of the Northeast one -quarter of Section 43, Block AK, Lubbock County, Texas; - 3 - THENCE, South along the present city limits line parallel t❑ and 150 feet west of the East line of Section 43, Block AK, and Section 38, Block AK, Lubbock County, Texas; to the point of beginning. Said area contains approximately 8.695 square miles. SECTION 2. THAT the service plan for said area required by Vernon's Ann.Civ.St., Art. 970a, is included herein by reference for all purposes and a copy of it shall be attached hereto as Exhibit A. SECTION 3. THAT the City Engineer is hereby directed to immediately correct the map ❑f the City of Lubbock by adding thereto the additional territory annexed by this Ordinance, indicating on the map the date ❑f annexation and the number of this Ordinance. The City Secretary and the City Engineer shall each keep in their respective offices an official map ❑f 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 ❑f this Ordinance shall not be affected thereby. SECTION 5. THAT the City Secretary is hereby authorized and directed t❑ cause publication of the descriptive caption of this Ordinance as an alternative method or publication provided by law. AND IT IS 50 ORDERED. Passed by the City Council ❑n first reading this 13th day of September , 1984. Passed by the City Council on second reading this 27th day of September , 1984. --- ALAN HENRY, MAYOR ATT T: Ran tte Boyd, City Secretary APPROVED AS TO CONTENT: aim 8er ram, Assistant City Manager APPROVED AS TO FORM: Do ald G. Vandiver, Assistant City ttorney i` r' - 4 September 27, 1984 SERVICE PLAN FOR ORDINANCE NO. 8660 4. Police: a. The area annexed will be designated as a new police beat. b. Patrol, radio response t❑ 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 ❑f 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 ❑f the fire Fighting force, within the limitations of available water and distances From fire stations, will be provided on the effective date ❑f annexation. b. Within the constraints ❑f existing ❑r 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 wh❑ 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 ❑n the effective date ❑f the annexation. EXHIBIT A 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 t❑ 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 t❑ 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 t❑ 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 page #9 for an explanation of pro -rota 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 ❑r in relay from existing sources will be used for fire suppression until that time. 7. Parks and Recreation The Parks and Recreation ❑epartment has n❑ facilities in the proposed annexation area. Future parks or ❑pen space will be acquired through the dedication of property during development ❑r purchase with appropriate City funds. Appropriate maintenance of the Carlisle Cemetery will begin upon the effective date of annexation. 8. Building Inspection, Planning, Environmental Control: Any inspection service or code enforcement now provided by the City (zoning, environmental control, building inspee- SM 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 -rats" and is due and payable before service is provided. The pro-rata charge represents a portion of the casts 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 c❑nstructed 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 ab❑ve 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 -rate. Ordinance 8017 specifies other items including: a. pro -rats on property already platted, b. pro -rats and extensions to property being platted, C. sizes of lines and meter sizes, d. location for service connection, e. deposits, charges, refunds, f. cost ❑f large mains may be partially paid by City, and other considerations. - 3 - CARLISLE ANNEXATION HEARINGS Pursuant to Section 10, Article 970a, V.A.C.S, the City of Lubbock shall prepare a proposed service plan for the delivery of municipal services for any territory that is proposed to be annexed to the City. Upon considering any territory for annexation, the staff will apply the following annexation policies and recommend to the Planning and Zoning Commission whether or not the territory meets the policies. Municipal Annexation Policies A. Lubbock shall exercise protective annexation measures t❑ preclude strips and pockets of urban blight adjacent to the city. Such annexation will avoid enclosure of unincorporated pockets. B. Extensionof municipal utilities outside the city shall be prohibited, except in emergencies or when annexation can be completed within 90 days. C. Developers and/or landowners requesting annexation must bear the major costs of public service facilities when existing land within the corporate limits can support anticipated growth for a 10-15 year period. D. Location and amounts of land to be annexed must provide maximum efficiencies of municipal services such as police, fire protection, water, sewer, street maintenance, and solid waste collections. Disproprortionate costs to tax revenues shall be discouraged. E. Prior to public hearings on annexation, the Planning and Zoning Commission shall forward an opinion to the City Council, stating the impact of the annexation on long range growth patterns and rate of growth. PROPOSED SERVICE PLAN 1. Police: a. The area annexed will be designated as a new police beat. 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. Fi re: a. Fire protection by the present personnel and the equipment of the fire fighting force, 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 p rog ram. C. Subject to platting and street dedication, the Traffic Engineering Department will install and maintain traffic control devices. d. Traffic signals, trafffic signs, street markings, and ❑ther 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. b. Water and Sewer: a. Water and sewer are not readily available to the proposed area at present. b. Water ❑r sewer for domestic and commercial use may be made available from existing or proposed lines within 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 page 3 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. Appropriate maintenance of the Carlisle Cemetery will begin upon the effective date of annexation. 8. Building inspection, Planning, Environmental Control: Any inspection service or code enforcement now provided by the City (zoning, environmental control, building inspection), 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 -Bata 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 -rats" 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 -rats 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 t❑a line constructued after April 1, 1952, the person desiring service shall pay a non-refundable charge called pro -rasa. 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-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, 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. U.S. Department of Justice eY R:RSB:PRD:gmh DJ 16 6-012-3 weshfngron, D.C. 20530 K5026 December 17, 1984 Donald G. Vandiver, Esq. Assistant City Attorney P. ❑. Box 2000 Lubbock, Texas 79457 Dear Mr. Vandiver: This refers to the annexation (Ordinance No. 8660 ( 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 October 22, 1984. The Attorney General to the change in question. to point out that Section 5 provides that the failure of does not bar any subsequent enforcement of such change. Administration of Section 5 does not interpose any objection However, we feel a responsibility of the Voting Rights Act expressly the Attorney General to object judicial action to enjoin the See the Procedures for the (28 C.F.R. 51.48). Submissions under Section 5 should be addressed to the Assistant Attorney General, Civil Rights Division, Department of Justice, Washington, D.C. 20530. The envelope and first page should be marked: Submission under Section 5 of the Voting Rights Act. See also 28 C.F.R. 51.22. Sincerely, Wm. Bradford Reynolds Assistant Attorney General Cite' Rights Division By �r Gerald W. Jones Chief, Voting Section City Of Lubbock Counter Filing CITY OF LUBBOCK § COUNTY OF LUBBOCK § STATE OF TEXAS § 2022011843 13 PGS ORD ■III 1A W,11 %K UWA' NCII i H9111111 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. 8660 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 1 I 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 1st day of March, 2022. (City Seal) ow", 'h�� Reb cca Garza Cit Secretary City of Lubbock Lubbock County, State of Texas September 13, 1984 Agenda Item #23 First Reading September 27, 1984 Agenda Item #7 Second Reading DGV:da ORDINANCE NO. 8660 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 THE ORDINANCE AS AN EXHIBIT; PROVIDING FOR A CORRECTION OF THE CITY MAP TO INCLUDE SUCH ADDITIONAL TERRITORY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. WHEREAS, the City Council of the City of Lubbock on April 25, 1984, received a petition for annexation signed by some 400 persons residing in the area immediately west of the City of Lubbock known as the Carlisle Community; and WHEREAS, such request cited need for city services such as water and sewer facilities in such area; and WHEREAS, such area is in need of such city services in the opinion of the City Council of the City of Lubbock; and WHEREAS, public hearings were conducted August 16, 1984, and August 23, 19B4, with regard to said annexation request; and WHEREAS, the City Council of the City of Lubbock has determined that it would be in the best interest 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 more specifically described as follows: BEGINNING at a point in the present city limits line as established by City of Lubbock Ordinance No. 2545, said point being 150 feet west and 660 feet south of the Northeast corner of Section 38, Block AK, Lubbock County, Texas; THENCE, West along a line 660 feet South of and parallel to the North lines of Section 38, Block AK; Section 39, Block AK; Section 40, Block AK; Section 7, Block D-6; and Section 8, Block D-6, Lubbock County, Texas; approximately 21,630 feet to a point 660 feet South and 660 feet West of the Northeast corner of Section 8, Block D-6, Lubbock County, Texas; THENCE, North along a line 660 feet West of and parallel to the East lines of Section 8, Block D-6; Section 5, Block D-6; and Section 4, Block D-6, Lubbock County, Texas; approximately 6005 feet to a point 65 feet North of and 660 West of the Southeast corner of Section 4, Block D-6, Lubbock County, Texas; THENCE, East along a line 65 feet North of the south line of Section 4, Block D-6; the North right of way line of State Highway 114; approximately 525 feet to a point 65 feet North of and 135 feet West of the Southeast corner of Section 4, Block D-6, Lubbock County, Texas; THENCE, North 450 East approximately 120.2 feet to a point 50 feet West and 150 feet North of the Southeast corner of Section 4, Block D-6, Lubbock County, Texas; THENCE, North along a line 5D feet West of and parallel to the East lines of Section 4, Block D-6 and Section 25, Block D-6 approximately 5,180 feet to a point 50 feet North of and 50 feet West of the Southeast corner of Section 25, Block D-6, Lubbock County, Texas; THENCE, East along a line 50 feet North of and parallel to the South lines of Section 25, Block D-6 and Section 1B, Block JS; approximately 2,690 feet to a point 50 feet north of the Southeast corner of the Southwest one -quarter of Section 18, Block JS, Lubbock County, Texas; THENCE, North approximately 610 feet to a point 660 feet North of the Southeast corner of the Southwest one -quarter of Section 18, Block JS, Lubbock County, Texas; #I THENCE, East along a line 660 feet North of and parallel to the South lines of Section 18, Block JS; Section 17, Block JS; and Section 4, Block JS, Lubbock County, Texas, approximately 11,879.83 feet to a point 660 feet North and 1320.17 feet West of the Southeast corner of Section 4, Block 35, Lubbock County, Texas; THENCE, South along a line 1320.17 feet West and parallel to the East line of Section 4, Block JS, Lubbock County, Texas; 150.65 feet to a point 509.35 feet North and 1320.17 feet West of the Southeast corner of Section 4, Block JS, Lubbock County, Texas; THENCE, East along a line 509.35 feet North and parallel to the South line of Section 4, Block JS, Lubbock County, Texas, a distance of 465.38 feet to a point 509.3 feet North and approximately 854.79 feet West of the Southeast corner of Section 4, Block JS, Lubbock County, Texas; THENCE, North 25.67 feet along a line parallel to the East line of Section 4, Block 35, Lubbock County, Texas; to a point 535.02 feet North and 854.79 feet West of the Southeast corner of Section 4, Block JS, Lubbock County, Texas; - 2 - THENCE, East along a line 535.02 feet North of and parallel to the South line of Section 4, Block JS, Lubbock County, Texas; 800 feet to a point 535.02 feet North and 55 feet West of the Southeast corner of Section 4, Block JS, Lubbock County, Texas; THENCE, North along a line parallel to and 55 feet West of the East line of Section 4, Block JS, Lubbock County, Texas; 124.98 feet to a point 660 feet North and 55 feet West of the Southeast corner of Section 4, Block JS, Lubbock County, Texas; THENCE, East along a line 660 feet North and parallel to the South lines of Section 4, Block JS and Section 3, Block JS, Lubbock County, Texas; approximately 2695 feet to a point 660 North of the Southeast corner of the Southwest one -quarter of Section 3, Block JS, Lubbock County, Texas; THENCE, South along the east line of the Southwest one -quarter of Section 3, Block JS, Lubbock County, Texas; approximately 355 feet; THENCE, East along a line 305 feet north of and parallel to the South line of Section 3, Block JS, Lubbock County, Texas; approximately 2492 feet to a point in the West city limits as established by Ordinance 2545, said line being the south lines of Lots 168 through 190, Terra Estates North, an addition to the City of Lubbock, Lubbock County, Texas; THENCE, South along the West city limits approximately 5,239.6 feet to a point being 150 feet West of and 345.4 feet North of the Northeast corner of Section 43, Block AK, Lubbock County, Texas; THENCE, West along the present city limits line as established by Ordinance 6517, said line being parallel to and 345.4 feet North of the North line of Section 43, Block AK approximately 2,640 feet to a point which is 150 feet West of and 345.4 feet North of the Northwest corner of the Northeast one -quarter of Section 43, Block AK; THENCE, South along the West city limits line parallel to and 150 feet West of the West line of the Northeast one -quarter of Section 43, Block AK to a point which is 150 feet South and 150 feet West of the Southwest corner of the Northeast one -quarter of Section 43, Block AK, Lubbock County, Texas; THENCE, East along the present city limit line parallel to and 150 feet South of the South line of the Northeast one -quarter of Section 43, Block AK to a point 150 feet South of and 150 feet West of the Southeast corner of the Northeast one -quarter of Section 43, Block AK, Lubbock County, Texas; - 3 - THENCE, South along the present city limits line parallel to and 150 feet west of the East line of Section 43, Block AK, and Section 38, Block AK, Lubbock County, Texas; to the point of beginning. Said area contains approximately 8.695 square miles. SECTION 2. THAT the service plan for said area required by Vernon's Ann.Civ.St., Art. 970a, is included herein by reference for all purposes and a copy of it shall be attached hereto as Exhibit A. F' 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 or publication provided by law. AND IT IS SO ORDERED. Passed by the City Council on first reading this 13th day of September , 19B4. Passed by the City Council on second reading this 27th day of/ September , 1984. 777) / ATT T: an to Boyd, City Secretary APPROVED AS TO CONTENT: i - Ji 8er ram, Assist ant City Manager APPROVED AS TO FORM: dTfald G. Vandiver, Assistant City kttorney SZ SERVICE PLAN FOR ORDINANCE NO. 8660 1. Police: September 27, 1984 a. The area annexed will be designated as a new police beat. 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, 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 Oisposal): 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. EXHIBIT A 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. 6. Water and Sewer: a. Water and sewer are not readily available to 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 page #9 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. Appropriate maintenance of the Carlisle Cemetery will begin upon the effective date of annexation. 8. Building Inspection, Planning, Environmental Control: Any inspection service or code enforcement now provided by the City {zoning, environmental control, building inspec- - 2 - 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 -Bata Charges Ordinance 0017 (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-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 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-rata when other persons tie onto service and pay their pro-rata. Ordinance 8017 specifies other items including: a. pro -rats on property already platted, b. pro -rats 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. - 3 - CARLISLE ANNEXATION HEARINGS Pursuant to Section 10, Article 970a, V.A.C.S, the City of Lubbock shall prepare a proposed service plan for the delivery of municipal services for any territory that is proposed to be annexed to the City. Upon considering any territory for annexation, the staff will apply the following annexation policies and recommend to the Planning and Zoning Commission whether or not the territory meets the policies. Municipal Annexation Policies A. Lubbock shall exercise protective annexation measures to preclude strips and pockets of urban blight adjacent to the city. Such annexation will avoid enclosure of unincorporated pockets. B. Extension of municipal utilities outside the city shall be prohibited, except in emergencies or when annexation can be completed within 90 days. C. Developers and/or landowners requesting annexation must bear the major costs of public service facilities when existing land within the corporate limits can support anticipated growth for a 10-15 year period. D. Location and amounts of land to be annexed must provide maximum efficiencies of municipal services such as police, fire protection, water, sewer, street maintenance, and solid waste collections. Disproprortionate costs to tax revenues shall be discouraged. E. Prior to public hearings on annexation, the Planning and Zoning Commission shall forward an opinion to the City Council, stating the impact of the annexation on long range growth patterns and rate of growth. PROPOSED SERVICE PLAN 1. Police: a. The area annexed will be designated as a new police beat. 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. Fi re: a. Fire protection by the present personnel and the equipment of the fire fighting force, 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, trafffic 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. b. Water and Sewer: a. Water and sewer are not readily available to the proposed area at present. b. Water or sewer for domestic and commercial use may be made available from existing or proposed lines within 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 page 3 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. Appropriate maintenance of the Carlisle Cemetery will begin upon the effective date of annexation. 1) 8. Building Inspection, Planning, Environmental Control: Any inspection service or code enforcement now provided by the City (zoning, environmental control, building inspection), 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 -Rats 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 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 constructued 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-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, 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. U.S. Deparbnent of Justice lit Cityrro� nPY WBRzRSBiFFD-:giffi DJ 16 6-012-3 Wash(ngon, AC 20530 K5026 December 17, 1984 Donald G. Vandiver, Esq. Assistant City Attorney P. O. Box 2000 Lubbock, Texas 79457 Dear Mr. Vandiver: This refers to the annexation (ordinance No. 8660 (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 October 22, 1984. 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). Submissions under Section 5 should be addressed to the Assistant Attorney General, Civil Rights Division, Department of Justice, Washington, D.C. 20530. The envelope and first page should be marked: Submission under Section 5 of the Voting Rights Act. See also 28 C.F.R. 51.22. Sincerely, Wm. Bradford Reynolds Assistant Attorney General A�'o Rights Division By ��17' /�"Gerald W. Jones Chief, Voting Section FILED AND RECORDED OFFICIAL PUBLIC RECORDS ,► t Kelly Pinion County Clerk Lubbock County TO& 03/10/2022 ll:i6 AM FEE: 70.00 2022 11843