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HomeMy WebLinkAboutOrdinance - 2017-O0109 - Annexing An Area Of Land To The City Of Lubbock - 08/24/2017First Reading CilJ 0 ~ L.W.J&J«r: floW / Co\.vt.Je.r :/!.;t.-,.., V" August 24, 20 I 7 Item No. 7.5 ORDINANCE NO. 2017-QOJQ9 Second Reading September I4, 20 17 Item No. 6.I4 AN ORDINANCE ANNEXING AN AREA OF LAND INTO THE CITY OF LUBBOCK, TEXAS, WITH SAID AREA BEING GENERALLY DESCRIBED AS APPROXIMATELY FOUR (4) ACRES OUT OF BLOCK AK, SECTION NINE (9), AB 161, TRACTS SEVENTEEN (17) AND EIGHTEEN (18), LUBBOCK COUNTY, TEXAS, AND IDENTIFIED BY THE LUBBOCK CENTRAL APPRAISAL DISTRICT REFERENCE NUMBERS Rl20929 AND R120782, AND MORE SPECIFICALLY IDENTIFIED IN EXHIBIT "A" OF THIS ORDINANCE, AND IS ADJACENT TO AND ABUTS THE EXISTING CITY LIMITS OF THE CITY OF LUBBOCK, TEXAS, AND WHICH CONTAINS FEWER THAN ONE HUNDRED (100) SEPARATE TRACTS OF LAND ON WHICH ONE OR MORE RESIDENTIAL DWELLINGS ARE LOCATED ON EACH TRACT; PROVIDING FOR THE ADOPTION 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, the area described in Section I herein is an area determined by the City Council of the City of Lubbock (the "City Council") to be considered for annexation (the "Area"); and WHEREAS, the City Council finds that there are fewer than one hundred (I 00) separate tracts of land on which one (I) or more residential dwellings are located in the Area; 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 Area, as required by Section 43.062, Subchapter C-1 of Texas Local Government Code, have been made in accordance with applicable law; and WHEREAS, all required notices to each public school district in the Area were sent as required by Section 43.905 of the Texas Local Government Code; and WHEREAS, the City Council conducted two public hearings on July 20, 20I7 at 8:00a.m. and July 27, 2017 at 5:30 p.m., as required by Section 43.063 of Texas Local Government Code; and WHEREAS, the City Council received input and comment from affected property owners at each public hearing; and WHEREAS, City staff 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 staff, on or about March 3, 20I6, by certified mail return receipt requested, mailed an offer to make a development agreement to each property owner of land within the Area that is subject to an agricultural use, timber land, or wildlife management ad valorem -- tax exemption, as ddermint::d by the Lubbock Central Ap praisal District. as n.:quireJ by Section 4}.035 of tht: Texas Local Govenu11ent Code: and WHEREAS. thl: City Coum:il linus that cm:h property owner nr land within the Areu that is subject to an agricultural use. timber land. or wild! i ti.: management ad Yalorem tax exemption has been offered a dcwlopment agreement pursuant to Section 43.035 of the Texas Local Gowrnment ('ode. and that each owner has either a~.:ccptcd or rejected the offer to make a de\'dopmcnt agrccm('nt: and WHEREAS. on March 28. 2016. by Resoluti<."m No. 2016-R0122. the City Council authoriz('d the City Manager and City staff to offer to intcn.:sted property owners agreements in lieu or annexation ltH" u twenty (20) year term, as allom.:d under Scdion 212.172 or the "1\.:xas Local Government Code (a '"212 Agreement"): and WIIEI~EAS, the property owner of the Area entered into a 212 Agreement for the Area, a copy of \vhkh is attached to this Ordinance as "Exhibit c:· with the 212 Agreement providing terms upon which the 212 Agreement would terminate and providing a waiver of rights of the property uwncr of the Area as to the annexation of the Area upon the termination of the 212 Agreement: and Wll EREAS. the City Council, according to the terms of the J I 2 Agreement hel\vecn the City ami the prllpcrty owner of the Area. terminated the exemption from annexation pro\'idcd in the J I~ Agreement J"l)r the Area due to either a substantial change llf the use of th~o.· Arcu or the H>lllntary action of the property 0\\'11~1" of the ,\rca: and WJIEI~EAS. the ~ 1 ~ Agreement bl!lwecn the City and the property owner or the t\n~n pnH'ided that the pmpL·rty owner of the Area agreed to the annexation of the Area by petition i r the 2 I 2 Agn:l.!mt:nt was term ina ted and that the prupaty owner of the Art:a wai \'ed the procedural rights and requirements of an annexati1.111 outlined in Chapter 43 of the Texas Local (iovernment Code: and Wlll~l~EAS. the terms of the 212 Agre~ment between the City and the property ov.;ner of the Area prevail over certain requirements un<.kr Chaptl!r 4.3 or the Texas Local Government Cmk, including, but not limited to, Section 43.054 and Section 4.3.0545 that place width limitations on areas subject to annexation by a municipality: and WIIERI~AS, the City Council of the City of Lubbock deems it to be in the best interest of the citizens or the City of LuhbtKk to annex the Area into th~: City or Lubbock; NOW TIIEREFORE, BE IT ORI>Ail'iED BY THE CITY COlll'iC'IL OF THE CITY OF LliBBOCK: SECTION 1. THAT the Area. \\'hich is further <.h:picted und tkscribcd in the attached "'l:xhibit X' and incorporated herein for all int~nts and purpoSL'S. which abuts and is adjacent to the existing curpnrate limits of th~ City of l.uhhock. Texas. is hl'rcby ~mm!xcd into. and included within. the corporak limits ofthr: City or l.uhhm:k. Texas. SECTION 2. Tt-IAT thl! scrvkt: plan. attached as "Exhibit ll'" and incorporated herein by rcli.:rcncl! for all purposes. wa~ submitted in accordance with Chapter 43 of the Texas (.(lt.:al (lon:rnmcnt Code and is hen:hy approved as part or this Onlinam:c. SECTON 3. THAT the City Coun<.:il hereby declares it to be its purpose to annex into the City of Lubbock every part of the /\rca described in Section 1 of this Ordinance. regardless of whdh~.:r any part of the Area is not herd))' cfli.:..:tivcly annexed into the City. Should this Ordinance for any reason be indTcctivc as to any part or parts or the /\rca lu:rcby anncxcd into the City or Lubb ock for full purpOSl!S. the ind'lectivcncss of this Ordinance as to any such p<1rt or part s shall not aft'cct the cfl(!ctivencss of this Ordinance as to the remainder or the I\ rca. SECTION 4. THAT the City Engineer. or his designee, is hereby authorized and directed to correct the map of the City of Lubbock by adding thereto the Area annexed by this Ordinance. indicating on the map the date nf annexation and th~ number or this Ordinanc~.:. The City Secretary and the City Enginc~r shall each k~~p in thdr respective oflil.:es an or!icial map of the City of Lubbock showing the boundaries of th~ municipal corporation. induding this annexation . SECTION .5. THAT this Ordinam:c shall be cfli.:cti\'~ thirty {30) days ~ncr tina! passage by the City Council. SECTION 6. THAT should any paragraph. section. sentence. phrase. dausl' or \\'Ord of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinanc~.: shall not be affected thereby. SECTION 7. THAT the City Secretary is hereby authorized and dir~.:cted to cause publication of the descriptive caption of this Ordinuncc as an alternative method of publication provided by law. AND IT IS SO ORDERED. Passed h~· thl' Cit~· Council on tirst n•atlin~ on __ A<....Jo.Lolu-&g .... Ds,.,...t_.?-"4x.......-' ....... 0 .... 1_,_7 _______ _ Passed by the City Council on second reading on September 14. 2017 DANIEL M. POPE, MAYOR ATTEST: ~~ Andrew Pax ton, Di rector or Pl anning APPROVED AS TO FORM: Ord t\nnc.\alion -I{ 120'}2'1 & R 1207 82 -Ch. 212 Agreement Pro pen) -8.15.17 Augu~t 15. 2017 Annexation Area in Section 9, Block AK I 122ND EXHIBIT c I t_- Q:;: A 0 j Ll.. ~ 0 <:. (!) ~ ~ a: u :i: (.) 126TH -- Ord 2016-00054 ' 130TH (FM 1585) --ffi :s gl 132ND L ·~ ' 134TH J ·-0 134 I (!) ffi R120782 (3 135TH ~ TR 17 1.5 ac :i: u Qj l ~rJ ~ rR 1e.-2.J1ac <:. ~ l"' R120929 I ~ 0 :z: g; ~I :z: ~ 138TH -__.____...._. ----138TH c Q:;: 0 LEGEND Ll.. ~ <:. c Sutton ~ ~i-:~ a: Lubbock C ity Limits 146TH -- 147TH 21 o.o • ..,. 0 1,000 2,000 3,000 ---- Feet T'h~o111• ...,,.,...,.,., • .-q,,,,,.~ "" tr.towllltll'lv•·~' • •• ....,, ••oli•••'"ft•lll,-'1 ,.,,. .... .,.~,.,.,.,,,,,..e."-•llld;,~l :-,.,,~,."~'hlt.,.,._~,..,.·~o~tt"'•t~o•ONo-tt~ri'-J!l.r~ lont ro:: ~:.~~~';;~::;~:::::(!·:~~:::,t,~c .. ~ t;.~ ~;:.:: ~\~~ ~~~;~.O:i~ •. ·~~·~~.·~:~:;.~.·~~f·(·~ /~~~;;.;,·~'.T:r,! ~~0' .. ~r=t~ ~~~~~f;: ~~~;-' UQ.I f)l'~• 1;1 'T•ltffUA'FDfn 1!-ll:lt.l, •11 1\I,~'Jorlr-', 1• ~ H1•W,'At'tll' 1 t,('.~l '•4A• ~~lt.l.t~l-(1•1•1'('" .. (ll~ru.•,f':Jtjlf ... 'lf 11• .. 1.. T1U~ lllltl;.., ~WliOfilf tVok.rrM.VofrlH.:T UIIAH'1 i.JHI.I.I U I .Oif!~l \~fl ll,ftJ!•Io'IA ll~\'4t l ••ll~'l i'IJltt l•,lt.~ fott'~I~U'.lfl:.l ryr•rl hf tll~tJ Lll~..X~~'(NI:,tP Jl ~t..t;JI[lo/o11)o-;l D•lt,lt••lll.!\1,1.11 llto• • .rrrt~HI'.tr~Tui4"T••IIr TH~II ,o,~f oM lfhl~.l~IMH -I ~I b1Jocl< TEXAS Annexation Area in Section 9, Block AK EXHIBIT j ~ Or 2016-00054 0 1,000 2,000 Feet r.a.•.a~t••~.&E-~U.~...,'rfl'l•~-.."tn,,..,.c.,., ··~~ .... 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IH • A'~ r ... , ~~~ &}'{t~r !t.11''''':1P&,,F•,j ' P IH~O~A\Irt LEGEND L Sutton Luhbot·k ily Limils 3,000 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 Station 19, located at 5826 98th Street. Station No. 16, located at 4030 1141h Street and Station 12, located at 5202 791h Street. Station No. 19 is approximately 2.4 miles from the proposed annexation with an approximate response time of 4 to 5 minutes. Station 16 is approximately 3.8 miles from the proposed annexation with an approximate response time of 5 to 6 minutes. Station No. 12 is approximately 4.5 miles from the proposed annexation with an approximate response time of 6 to 7 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 Station 19 located at 5826 gath Street, Station No. 16, located at 4030 1141h Street and Station 12, located at 5202 791h Street. Station No. 19 is approximately 2.4 miles from the proposed annexation with an approximate response time of 4 to 5 minutes. Station 16 is approximately 3.8 miles from the proposed annexation with an approximate response time of 5 to 6 minutes. Station No. 12 is approximately 4.5 miles from the proposed annexation with an approximate response time of 6 to 7 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 enforcing laws governing public health, order, and decency. The Police Department will extend the following services to the newly annexed area: Service Plan_Sutton·Affordable Exhibit B • 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 FV16-17 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 Existing Services: None Service Plan_Sutton-Affordable Exhibit B 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 Existing Services: None. Currently, the area is under the jurisdiction of the Lubbock Service Plan_Su«on-Affordable Exhibit B County Sheriff's 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_Sutton-Affordable 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 Storm water 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_Sutton·Affordable 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 Plan_Sutton·Affordable FILED AND RECORDED PUBLIC RECORDS Kelly Pinion, County Clerk LubbOck Coun~y~ TEXAS 01/24/2118 03:a8 Pft FEE: S78.H 2019002803