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HomeMy WebLinkAboutOrdinance - 2017-O0108 - Annexing An Area Of Land Into City Of Lubbock - 08/24/2017First Reading August 24, 2017 Item No . 7.4 (";..; • .> o..f l .... ~~'': i( !~?(.t-.1 t :.v If\-+'( r· .!.; I'"-c, .__,.,..~ ~ ORDINANCE NO. 2017-00 I 08 Second Reading September 14, 2017 Item No. 6.13 AN ORDINANCE ANNEXING AN AREA OF LAND INTO TilE CITY OF LUBBOCK, TEXAS, WITH SAID AIU~A BEING GENERALLY DESCIHBED AS APJ>JH)XIMATELY ELEVI~N (11) ACRES OUT OF TIH: I~AST HALF (1/2) OF SECTION EIGHT (8), BLOCK AK, LUBBOCK COUNTY, TEXAS, AND IDENTIFIED BY THE LUHBOCK CENTRAL API,RAlSAL DISTRICT REFERENCE NUMBER R116914, AND MORF: SPECIFICALLY IDF:NTIFIED IN EXHIBIT .. A" OF THIS ORDINANCE, AND IS AD.JACENT TO AND ABUTS THE EXISTING CITY LIMITS OF THE CITY OF LUDDOCK, TEXAS, AN D WHICH CONTAINS FF:WEH. THAN ONE HU NDRED (lOO) SEPARATE TRACTS OJ< LAND ON WHICH ONE OR MOI~E RESIDENTIAL DWI~LLINGS ARE LOCATED O N EACH TRACT; PROVIDING FOR THE ADOPTION OF A SERVICE PLAN IN THIS ORDINANCE; i)ROVIDING FOR CORRECTION OF THE CITY MAP TO INCLUDE THIS ANNEXED AREA; [>HOVIDJNG AN EFFECTIVE DATF:; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUllLICATION. WHEREAS, the area described in Section l herein is an area determined by lhe City Council of the City of Lubbock (lh~ "City Council") to be considered for annexation {the ··An:n"): an<.l WHEREAS, the City Council finds that there me fe-..ver than one hundred (I 00) separate tracts of land on which one (I) or more residential dwellings arc located in the /\rea: and WHEREAS, all required notices, including written notice of intent to annex the Area to each property owner, each public entity, and each railroad company within the /\rea, as required by Section 43.062. Subchapter C w 1 or Texe~s Local Government Code. have been made in a~;cordancc with applicable law; and WHEREAS. all required notices to each public school district in the Arcu were sent as required by Section 43.905 or the Texas Local Clov~rnmcnt Code: nnd WHEREAS, the City Council conducted two public hearings on July 20, 2017 at 8:00a.m. and July 27. 2017 at 5:30 p.m .. as required by Section 43.063 of Texas Local Gove rnment Code: and WHEREAS, the City Council received input and comment from aiTected property owners at each public hearing; and WHgREAS, City stan· prepared a service plan for the Area in accordance with Sections 43.065 and 43.056 (b)-(o) of the Texas Local Government Code. with said service plan providing for full municipal services to the Area and being made available and explained to the public at the scheduled public hearings; and WHEREAS, City ste~ff, on or about March 3, 2016, by ce rtified mail return receipt requested, mailed an offer to make a development agreement to each property owner of' land within the /\rca that is subject to an agricultural usc, timber land, or wildlife management au valorem tax exemption, as determined by the Lubbm:k ( \:ntral t\ ppraisal Dist rid. m; n.:qui red hy Section 43.035 of the Texas Local Gnvemmcnt Code; and WHEREAS, the City Council linds that each property owner nl' land within the t\1\.'a that is subject to an agricultural usc. timber land. or wildlil~ nwnagement ad val(ll'em tax t:xcmplion has been offered a development agreement pursuant to Section 43.0J5 of the Texas Ll>cal Government Code. and that each owner has either accepted or n:jccted the l>fli.:r to make a development agn.!emcnt: and WHEREAS, on March ~8. ~0 16. by Resolution No. 20 16-RO 122. the City Council authorized the City Managcr and City starr to (llli.:r to intcrcsll:d pro(')\:rty o\vners agrecmcnts in lieu or annexation li.lr a twenty {20) year term. as allowed under Section 212.1 T2 or the Texas Local Government Code (a "212 Agreement"): and WHEI~EAS. the property owner of the /\rca entenxl into a 212 Agreement llll' the /\rea. a copy or which is attached tu this Ordinanc~ a~ .. l:xhihit C." \Vith the 2 12 Agn:ement providing terms upon which the 212 Agreement would h.:rminak and providing a waiver of rights of the property 0\\"llCr of the /\rca as to th~.! anJH:xat ion () r the Area upon th~.! term ination or the 212 t\grccml.!nt: and WHEREAS. the City Council. according to the tl!nns or the ~ 12 Agreement between the City and the property owncr nf the /\rca. terminated the t:xemption from ;umcxation pnn·ided in the.: 212 Agreement li.u the An.·a due to either a substantial dmngc of the usc of the Area or the ,·oluntary action of the propaty owner of the Area: und \VHERE:\S. the ~ 12 Agn:em~.!nt bet m:r.:n the City and the rropcrty om11:r of the Area prm·idr.:d that the propl!rty owner of the Area agreed to the annexation of the Area hy petition if the 212 Agreement was terminated and that the property owner of the :\n:a wai,·ed thl.! procedural rights and requirements of an annexation nutlined in Chapter -D of the Texas !.neal (ion.:rnment Cotk: and \VHEREAS. the terms of the 212 Agreement between the City and the propt.:rty t'wner of th\! Area pre\·ail on:r certain requirements under Chaph:r -D or thc Texas L\}cal ( lo,·ernment Code. including. but not I imitl'd to. Sect ion -D .05-J and Section ..J~ .05~5 that place width limitations on areas subjl!ct to annexation by a municipality: and \VIIEREAS. the City Council of the City (lr l.uhbock deems it \ll he in the hcst interest of the citizens of the City of l.ubhuck to annex the Area intu th-.· City of l.uhhnck: ~OW THEREFORE, BE IT ORDAij';ED HY TilE CITY COtlNCIL OF TilE CITY OF LliBBOCK: SECTION 1. THAT the An~a. which is furtht.:r depicted and describcJ in the attached '·Exhibit A .. and incorporated herein for all intents and purposes. which abuts and is adjacent to the existing corporate limits of the City or l.uhbllck. Texas. is hcr\.·hy annr.:xed into. and incl uJcd within. the corporate li mits of the City or l.uhhock, TcX<IS. SECTION 2. THAT the service plan, attached as ··Exhibit lr' and incorporated herein by reference for all purpose!:i, was submitted in accordance with Chapter 43 of the Texas Local Government Code and is here by approved as part of thi s Ordinance. SECTON 3. THAT th e City Co uncil hereby declares it to be its purpose to annex into the City of Lubbock every part of the Area described in Section 1 of this Ordinance, regardless of whethe r any part of the Area is not hereby effectively annexed into the City. Should this Ordinance for any reason be ineffective as to any part or parts of the Area hereby annexed into the City of Lubbock tor full purposes, the ineHe<.:tivencss of this Ordinance as to any such part or parts shall not affect the effectiveness of this Ordi nance as to th e remainder of the Area. SECTION 4. THAT the City Engineer, or his designee, is hereby authorized and directed to correct the map of the City or Lubbock by addin g thereto the Area annexed by this Ordinance, indicating on the map the date of annexation and the number of thi s Ordinance. The City Secretary und the City Engineer shall each keep in their respectiw orficcs an official map of the City of Lubbock showing the boundaries of the municipal corporation, including this annexation. SECTION 5. THAT this Ordinance shall be cllcctivc thirty (30) days after final passage by the City Council. SECTION 6. TI-IAT should uny 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 there by. SECTION 7. THAT the City Secretary is hereby authorized and dircctlxl to cause publication of the descriptive cnption of this Ordinance as an alternative method of publ ication provided by law. AND IT IS SO ORDERED. Passed by the City Council on first reading on __ A'--u .... g_us_t_2_4-'-,_2_0_1_7 _______ _ Passed by the City Council on second reading on September 14, 20 I 7 DA NIEL M. POPE, MAYOR ATTEST: . · . . · ... ······· .,,. -:''. c, .. 1,·· :· ··· .. / ,·' .. ·· ... · .. ,.. .. , ... ·.' I • Xnclrcw Paxton. Director of Planning APPROVED AS TO FORM: Onl. Anm:xauon -R 11691-t -<:11. 212 Agreement l'rupCrt} -1!.1 5 I 7 ;\ugust 15. 2017 Annexation Area in Section 8, Block AK EXHIBIT 132ND A 134TH Ord 2016-00054 138TH 147TH Q 0 0 ..., --148TH ~ M co UJ _, 5 CR 7510 (!) 149TH ST <: lU 150TH ST CR 7520 0 ~ co .... 0:: u 54TH ST CR 7530 RJ16~1.J~ TRE4 LEGEND Larson (RII69 14) Lubbock City Limils 0 ("') II ~I u CR 7540 g l~ > w <!_-=-=j 0 1,000 2,000 3,000 Feet ... ~ .................. , ....... : ... , .. _, ............. .., •• " , ...................... ~,. t....,\ '\' ... ,, ..... ,..1-·~···~ ... -......:.•"Cfc:-~ ... . \7: ,",.~ ~-;:~; ::."'.::;:;...-";!~.,;~:::: !:.~ -~· -;.~.:."'"'::T"; :: i'~ ~,:=.;,~ ~;~~· :y-~'7';~Ji;) :,,:·~:• lhC •-"••~hl•'t\oll~;:a•urt-f"\ll(. ,......,.....---._r\1" .,.,,., .. , .. , •• ,t't•r•••t. •~""lll,.. . .f c-ou •J'":J>t....,'"\l't,·:..c::-,·:.t~-'*t~»" :O.IH. r.ctKh.t&[f.-.Arli.,P t •&-.l-1 .r\ 1'-. IIi t l'-'' Jt P(.J • t•!'.t4flW. I .... •f! I<JI•' :&, II', ..... ,..,. l".l'I'"JI tl'\'o f f•C ;t•r '& \....,r, ~"'.It • ... -...,..v.. ~ """''' ... , .., •• •.-,. , "' r ,,. '4t.t• •••·1hA ,,,. .,u.~ ,.,. .. 150TH ST CR 7545 Annexation Area in Section 8, Block AK Ord 2016, () 1,000 2,000 Feet .... -.~-~fl .. ).,.,. .... ~···-~ ...... , ~_,...,...,. ............... ~ ... c.,,,,.....,\ M-,._~._~ ..... c....:_.., .. , ~,..., ,.......,..,.""'_...._u•.,.."trw.lf•.-•~·..-.Jt •tlo-...Ulll,...l-'"11 ... ._ r •• . ...,..,.c.,.~•l.uv• '-vr.-, ,....,...,{,r'l'~ ""'':.fl,.lllltbv' ";r.,b ·~-· .............. .._ ........... , .. ,.,....._ ......... ''''f\A(;Al()Uf1,t'Qo)r((fr. ,4) ;f filftt•., t.-'lltilok"tV' .,ltUO (IH;IlJ~(:.SOI \A IC trll~ ...... .-.... f'~'LJU'\f U\l *"-•~flt~tolllltltfoNtf..._C•IIII&:t\f(II"N'I!.I_,.ftlor-.1 .... 'll'lll"l~•-!.-.-.'1111'l.C.1•~U.Qio01) -,"11 U U(l!rllflllffr-JI!Ntt"'fito.t• fl ~ I ... , 41. tfo llt'l'l tillllf/.1 ..ll"ll .... i,;WJI .. ~tlt • .&nOtOIIf r.rrt'Wf\f.'foU"tlUo h\•t 'll Oh f u.-.Xt ~~_,.~bU".lOt"'ilVNI ttftltfh'U~fJ.'\ •tCtootir"'tfl, I!" ""CtJr•Ut'6ft•,tt hi,D'.t:,UIII"' EXHIBIT II- 3,000 bbock HX.tS Exhibit B MUNICIPAL SERVICE PLAN FIRE Existing Services: None Services to be Provided: Fire suppression will be available to the area upon annexation. Primary fire response will be provided by Fire Station No. 16, located at 4030 1141h Street, Station 19, located at 5826 98th Street and Station No. 14, located at 2402 96th Street. Station No. 16 is approximately 3.9 miles from the proposed annexation with an approximate response time of 5 to 6 minutes. Station 19 is approximately 4.4 miles from the proposed annexation with an approximate response time of 6 to 7 minutes. Station No. 14 is approximately 6.6 miles from the proposed annexation with an approximate response time of 8 to 9 minutes. Fire Prevention activities will be provided by the Fire Marshal's office as needed. Emergency Medical Services Existing Services: None Services to be Provided: Lubbock Fire Rescue is a Basic Life Support (BLS) First Responder Organization. BLS First Responder emergency medical response will be provided by Fire Station No. 16, located at 4030 114th Street, Station 19, located at 5826 98th Street, and Station No. 14, located at 2402 96th Street. Station No. 16 is approximately 3.9 miles from the proposed annexation with an approximate response time of 5 to 6 minutes. Station 19 is approximately 4.4 miles from the proposed annexation with an approximate response time of 6 to 7 minutes. Station No. 14 is approximately 6.6 miles from the proposed annexation with an approximate response time of 8 to 9 minutes. Emergency medical transport is provided by the Lubbock County Hospital District. POLICE Existing Services: None Existing Services: None. Currently, the area is under the jurisdiction of the Lubbock County Sheriffs Office. Services to be Provided: The Police Department mission and purpose is to protect people and property; maintain social order by conducting criminal investigations and Service Plan_ Larson Exhibit B enforcing laws governing public health, order, and decency. The Police Department will extend the following services to the newly annexed area: • Preventive patrol, traffic enforcement, and timely response to calls for service. • Investigate crimes, arrests offenders, and assists in criminal prosecutions. • Provide crime analysis, coordinate with any new neighborhood groups, enforce the alarm ordinance, and assume responsibility for the registering and monitoring of sex offenders. • Maintain and disseminate records and documents of activities in the area. • Enforce municipal ordinances that address physical signs of urban blight and social disorder. Although spreading current resources of manpower out further, these services can be provided within the current budget to the annexed area. However as more houses and businesses begin filling in the vast area of the annexation in the next couple of years, it will be a necessity to increase staffing levels and associated equipment requirements in the Field Services Bureau and Investigations Services Bureau causing an increase in the budgets from FY16-17 and beyond. Additionally, a substation in the South or Southwest part of Lubbock will become a necessity to accommodate increased staffing and access by the citizens in that area of the city for better customer service. CITY SECRETARY Existing Services: None Services to be Provided: Administration of Municipal Election services. BUILDING INSPECTION Existing Services: None Services to be Provided: The Building Inspection Department will provide construction code enforcement services upon annexation. This includes construction plan review and field inspection services and the issuance of building, electrical and plumbing/mechanical permits for any new construction and remodeling, as well as enforcement of all other applicable codes which regulate building construction within the City of Lubbock. It is anticipated that such services can be provided with current personnel and within the current budget appropriation. As land is developed, the need for additional personnel and budget appropriations will be dependent upon the type, intensity and rate of development within the annexed area as well as areas that compete for those resources. PLANNING Service Plan_Larson Exhibit B Existing Services: None Services to be Provided: The Planning Department's responsibility for regulating development and land use through the administration of the City of Lubbock Zoning Ordinance will extend to this area on the effective date of the annexation. The property will also continue to be regulated under the requirements of the City of Lubbock Subdivision Ordinance. These services can be provided within the department's current budget. GIS AND DATA SERVICES Existing Services: None Services to be Provided: GIS and Data Services will update all city-wide GIS data sets to include the newly annexed areas. This will include support to the Office of City Secretary for changes to voting precincts {if any) and other elections requirements, to Building Inspection, Streets and Traffic Engineering for addresses and street names, to Stormwater Management for impervious surfaces and to Police and Fire for updated information for 911 Dispatch. The updated information will be reflected on the GIS website for use by the public. These services can be provided within the department's current budget. LIBRARY Existing services: Free library use privileges are currently available to anyone residing in this area, as part of an agreement with Lubbock County. Services to be Provided: These services will continue to be provided upon annexation. CODE ADMINISTRATION/ENVIRONMENTAL HEALTH DEPARTMENTS Existing Services: None Services to be Provided: The City of Lubbock's Code Administration/Environmental Health Departments will implement the enforcement of local ordinances and regulations on the effective date of the annexation. Such services can be provided with current Code Administration/Health Department Personnel and within the current budget appropriation. As land is developed, increases in personnel and budget will be needed in order to provide the same level of customer service. ANIMAL SERVICES Service Plan_ larson Exhibit B Existing Services: None. Currently, the area is under the jurisdiction of the Lubbock County Sheriffs Office. Services to be Provided: Animal control services will be provided to the area as needed. The City of lubbock Animal Services Department will implement the enforcement of the City of Lubbock's animal control ordinances and regulations upon the effective date of the annexation. It is anticipated that such services can be provided with current personnel and budget appropriation, but response times may increase. STREET Existing Services: Lubbock County Public Works Services to be Provided: Maintenance to the street facilities will be provided by the City of Lubbock upon the effective date of the annexation. It is anticipated that this service can be provided within the current budget appropriation. STREET LIGHTING Existing Services: None Services to be Provided: The City of Lubbock will coordinate any request for improved street lighting with the local electric provider in accordance with standard policy. TRAFFIC ENGINEERING Existing Services: None Services to be Provided: Upon annexation and in conjunction with the platting process, Traffic Engineering will identify and install required traffic signs to be installed at the developer's expense. Other regulatory traffic control devices will be provided after appropriate studies indicate the data meets the minimum requirements as set forth in the Texas Manual on Uniform Traffic Control Devices (TMUTCD) and as budget permits. STORM WATER MANAGEMENT Existing Services: City maintains jurisdiction of playa lakes within the ET J. TCEQ (Texas Commission on Environmental Quality) has jurisdiction of enforcement and compliance with stormwater related permits outside the City limits. Services to be Provided: As land is developed, developers will provide plans for addressing the conveyance of storm water drainage. The Storm Water staff will review the drainage plans for compliance with the current drainage regulations and policies. Service Plan_ larson Exhibit B Any major improvements for conveyance will be inspected for compliance by the city staff at time of completion. Additionally, as land is developed and building permits are requested, Storm Water staff reviews each permit request for compliance with the Chapters 22 (City's Stormwater permit) and Chapter 30 (Lakes and Floodplains) of the City Code. After permit issuance, inspections of the construction sites are to ensure compliance with the City Code and state regulations. Depending on the type and intensity of development within the annexed area, the need for additional personnel and budget appropriations may be needed to provide adequate customer service (development and permit review and inspections). TCEQ Stormwater permit holders will be transitioned from TCEQ oversight to City of Lubbock oversight, i.e. inspection and compliance of these existing facilities will now be the responsibility of the Storm Water Staff. WATER and SANITARY SEWER SERVICE Existing Services: None Services to be Provided: Water and Sewer infrastructure is currently adjacent to this area within the existing City Limits. Availability of water and sewer 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). Water and sewer for domestic and commercial use, when installed, will be available at approved City rates. Water for fire protection will be available through lines only after service lines are installed by the developer. Pro-Rata Charges Chapter 22, City Code establishes the charges or the actual cost of construction due on all property to which water and/or sewer lines are extended. The charge is generally known as "pro-rata" and is due and payable before service is provided. The pro-rata charge represents a portion of the costs of providing water and/or sewer facilities to serve the property on which the pro-rata is paid. When a person desires water and/or sewer service to property that requires an extension of existing facilities to provide service adjacent to the property or when the service connection will be made to a line constructed after April 1, 1952, the person desiring service shall pay non-refundable charge called pro-rata. 2005 pro-rata charges include $15.00 per front foot of lot or tract to be serviced for sewer and $12.00 for water, unless the actual extension cost is greater, then the charge is per actual cost. When an extension of water/sewer facilities exceeds the above costs, the person(s) desiring service shall pay the entire cost and later be refunded that amount above pro-rata when other persons tie onto service and pay their pro-rata. Ordinance 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, Service Plan. larson Exhibit B d. location for service connection, e. deposits, charges, refunds, f. cost of large mains may be partially paid by City, and other considerations, g. when the City Council can declare a health hazard and install mains at public expense. SOLID WASTE SERVICES Existing Services: None Services to be Provided: Solid Waste Collection shall be provided to the area of annexation in accordance with the present ordinance. Service shall comply with existing City of Lubbock policies, beginning with occupancy of structures. MISCELLANEOUS In addition to the services listed above, the City will provide full municipal services to the Annexation Area commensurate with the levels of services provided in other parts of the City except if differences in topography, land use, and population density constitute a sufficient basis for providing different levels of service, not later than two and one-half years after the effective date of the full-purpose annexation . If full municipal services cannot be reasonably provided within the aforementioned time period, the City will propose a schedule for providing said services within a period of four and one-half years after the effective date of the annexation, and/or upon commencement of development of a subdivision within this property. whichever occurs later. "Full municipal services" are services provided by the annexing municipality within its full-purpose boundaries, excluding gas or electrical service. The City shall provide the services by any of the methods, policies, and ordinances by which it extends the services to any other area of the City. Accordingly, there may be costs incurred by the user in order to access certain services. Service Pl~n_L,1r10n FILED AND RECORDED ~-~FI~,i~:PU~RECDRD~ > ~~ ' ' "~~. ~ ( . ~\ _J . .ta-~ ;~ .I \ Kelly Pinion1 Counly Clerk Lubboek County~ TEXAS 01/24/2019 03 :~8 PM FEE: p0.00 2e1see2se7