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Home My WebLink AboutOrdinance - 2017-O0110 - Annexing An Area Of Land Into The City Of Lubbock - 08/24/2017First Reading August 24. 2017 Item No. 7.6 t d•j oi-L""vw ... L\v . I O.·H1 +<: r /it;,. <j ...,..,.- ORDI~ANCE NO. "~0 1 7-001 10 Second R<:ading September 14. 2017 Item No. 6. 15 AN ORDINA;\ICE ANNEXI~G A~ AREA OF LAND INTO TilE CITY OF LUBBOCK, TEXAS, WITll SAID AREA BEING (;ENERALLY DES('IUBED AS APPROXIMATELY TWENTY-TWO (22) ACRES OUT OF Till~ SOlJTHgAST QUARTER (SE/4), Sfl:CTION ONE (1 ), BLOCK AK, LUBBOCK COUNTY, TEXAS, AND IDENTII'IEU BY THE LUBBOCK CENTRAL Al,J,RAISAL J>ISTIUCT REFERENCE Nt:MBEI~S H85586 ANI> Rl5139.3, AND MOJU: SPECIFICALLY IDENTIFIED IN EXIIIBIT "A" Of TillS ORDii'IANCE, A~D IS AD.J:\C£NT TO AND ABtJTS TilE EXISTI~G CITY LIMITS OF THE CITY OF LlJBBOCK, TEXAS, AND WHICH CONTAI~S FEWEI{ TIIA:\ O~E HUNDRED (100) SEI)ARATE Tl{ACTS OF LANI> 0~ WlliCII ONI•: OR MORE I~ESIDENTIAL D\VELLINGS AIU: LOCATED ON EACII TRACT; PROVIDI~G FOR THE ADOPTION OF A SERVICE PLAN IN TillS ORDINANCE; PROVIDING FOR CORRECTION OJi' Till~ CITY MAP TO INCLUDE TillS ANNEXI~n AREA; PROVIDING AN I•:FFI•X.:TIVE HATI~; PROVIDIN(; A SAVINGS CLAlfsg; AND PROVIDING FOR PUBLICATION. \VIIEREAS. tiK· area tksnib~.:d in Sc.:ction I IH:rdn is an area dctc.:rmin~.:d by th~.: City Council of the City of l.ubbock (thl...' "City Count:il'') to be consitkrc.:d for anne:-;atilln (the "J\n:a"): and \VHEREAS. the City Council finds that then.: an: fewer than one hundred ( 100) scpar::ne tracts of land on whieh on<: (I) or more rc.:sidc.:nti:tl dwellings arc lncatc.:d in the An.:a: and WHEREAS. all requinxl notices. including writt<:n notice of intent lo annex the Ar<:a to ce1eh property owner. l'Lit:h publil: c.:ntity. and each railroad <:ompany withi11 the Area. as n.:quirc.:d by Section 43 .062, Subchaptt.:r C-l of Tc.:xas l.oc.:al (iovernment Code. haw tx:cn made in accordance with upplicabk Jaw: and WHEREAS. all n.:quired notices to each public se hool district in the.: :\rca wcrl' sent as required by Section ·B.90.5 or the Texas Local Clo\'ernment Code: and WHEREAS. the.: City Council conducted tvvo public hearings on July 20. 20 17 at X:OO a.m. and July 27.:2017 at 5:~0 p.m .. us required by S~l.:li<lll 43.063 ot'Tc.xa~ Local (iovcrnmcnt Code; and WHEREAS. the City Council received input and comment from arlct:tcd property owners at ~ach puhlil: hearing: and \VHEREAS. City staiT prepared a sen·ice plan for the Area in accordance with Sections 43Jl65 and ·B.056 (h)-(o) or the Texas Local Ci<l\·crnmc.:nt Code. with said serricc plnn providing l()r full municipul services to the Area and being mmk available and explained to the public <.tt the schcdul~d public hearings: and WHEREAS. City staff, on or about March ~. ~0 16. by ccrtilicd mail return rcct:ipt requested. mailed an ol'fcr tn nwkl· a dcvdnpmcnt agrcl'llll'IH to each properly owner or land within the Area that is subject to an agricultural us~. timber land. or wildlife manauemcnt ad ,·alm·em . -~ tax ~xcmption. as dd~nnineJ by the Lubbock (.\:ntral Appraisa l Districl. as required bY Section -+3.035 of tlw Texas Local Government Cmh:: and WHEREAS. the City Council timis that each property OWIH:r or land within the i\n.:a that is subject to an agricultural us~. timber !anJ, or wi !dlik management ad valorem tax exemption has been offered a development agreement pursuant to Section 43.035 of the T~.:xas Local Government Code. and that eat:h owner bas either accepted or rejected the offer to make a devdopmt.:nt agreement: und \VHEREAS. on t-.·lmch 28. 2016. by Resolution ~o. 2016-RO I:?.:?.. thc City Council authorized the City :-vlanager and City sta!T to orti:r to interested prope11y <m m:rs agreements in lieu of annexation li.}r a t\\·enty (20) year tt•rm. as alh)\\·ed under Section 21:?..1 T2 of the Texas Local Cilw~rnment Code (a "212 Agreement''): and WHEREAS, th~ pmrcrty own~r of the /\rca entered into a 212 Agreement for the /\rca. a copy of which is attach~d to this Ordinance as "Exhibit C." with the 212 /\grccml!nt providing terms upon which the 212 Agreement \Vould terminate and providing n W(livcr of rights of the prop~rty owner of the Area as to the annexation of the Area upon the termination of th~.! 212 Agreement: und WHEREAS. the City Council. according to the terms of the 212 i\grt!cment het,,·ccn the City and the property O\\'m:r of the Area. h:rminated the e;o;cmpti on f'rom annexation pnwidcd in thl.! 212 Agreement I~H· the /\rca due to eithcr a substantial change of the usc of the Area or the voluntary action of the property OWllt!l' ol' the !\rca: and \VIIEREAS. the :?.12 /\grl'cmcnt between thc City anJ the prorerty owm:r of the /\rca provided that thc property owner of the Area agrc~d lO thc annexation of the t\rca by petition if the 212 Agreement was terminated and that the propc1iy owner of th~ Area waived the rroccdural rights and requirements of an annexation outlined in Chapter -+:1 of the Texas Local Government Code: and WHEREAS. the tl.!rms of the 212 Agreement betw~cn the City and th~ property o\\·ner of the Area prevail over c~rtai n requirements under Chapter -U of the T t!Xas l.ot:al ( iovernment Code, including, hut not limited to, Sedion 41.054 and Section 4].0545 that place width limitmions on areas subjet:t to annexation by a municipality; and WHEREAS. the City Council of the City of Lubbock de~ms it to be in the best interest o/' the eitii'.ens or the City of Lubbock to annex the Area inw the City of Lubbock: NOW THEREFORE, BE IT Ol~DAI~ED BY TilE CITY C'OliN('II, OF THE CITY OF LtrBBOCK: SECTION I. TIIAT th~! /\rea. which is further depicted and described in the attac hed ··Exhibit A,. and incorporated herein for all inll'nts und purposes, which abuts and is adjacent to tbl.! e:-.:isting corpornh: limits or the City or l.uhbock. Texas. is hcrl'hy annexed intll, and included within. the corporate limits of the City of Lubbock. Tc:-.:a.s. II SECTION 2. TIIAT th~ service plan. allal:hcd as "l:xhibit 8" and incnrporated herein by reference for all purposes. was submitted in accordaJH:I! with Chapter 43 of the T cxas Local Government Code and is hereby approved as part of this Ordinance. SECTON 3. TIIAT the City Council hereby dcclal\!S it to be its purpose to annex into the City of Lubbock every part of the Area described in Section I of this Ordinance. regardless of whether any part of the Area is not hereby efTectively ~mncxcd into the City. Should this Ordinance for any rea son be ineffective as to any part or pans or the Area hereby annexed into the City of Lubbock for full purposes. the inefli:ctivcness of this Ordinance as to any such part or parts shall not affect the eff~ctiYencss of this Ordinance as to the remainder of the Area. SECTION -t. TIIAT the City Engineer, or his designel..!. is hereby authorized and directed to correct the map of the City of Lubbock by adding thereto the Area annexed by this Ordinnncc, indil:ating on the map the date of annexati on and the number of this Ordinance. The City Secretary and the City Engineer shall ead1 h:ep in their respective ofliccs an ol'licial map of the City of Lubbock showing the boundaries of' the municipal corporation. including this annexation. SECTIO~ S. TIIAT this Ordinance shall b~.: cff~.:cth·<.! thirty (30) days after linal passage hy the City Council. SECTION 6. THAT should any paragraph. section. scntcnc~. phrase. dausc or \\md of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. SECTION 7. TIIAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption of this Ordinance as an alternative method of publication provided by law. AND IT IS SO ORDERED. l'asscd by the City Council on tirst reading on _..:,A..:.;t::::.~lg:..:'U::::S:..:..t-=2'-'4.._. =2.,..0-=-17"'---------- Passed by t h l' Cit~· Co unci I on scco n d rca c.J in~ on --'S"-'c;.&.p....;.tc..;;..;t..;..;n..;;..b..;;..er;....;...l4-',:....;2~(..._) 1;...;7 _____ _ DANIEL M. I'Ot•E, MAYOR ATTEST: '\ •.. .~· '·· -' (,.',,,, ,, • o •' •' o 0 11 ~~ ... ·~ ····· ...... ()··. . .... ... \ :. APPROVED AS TO 'CONTENT: ..t1drew Paxlon, Director of Planning APPROVED AS TO FORM: Ord. Annexation-R85586 & R 151393-Ch 212 Agre~:mcnt Property -tl 1·1.17 August 14.2017 Annexation Area in Section 1, Block AK 128TH Ord 2016-00054 134TH 137TH 0 ..... 0 CR 7505 ..... N N ...... a:: N u a:: u ~ CR 7510 ..... "'I CR 7520 8" --- CR 7530 ----~ () 1,000 2,000 Feec ~ j,j-. '"•• __._._,~ ,._,._...._.,.,...,,, .... ,....., .. M..,.tVt• .......... ,.. I~C-. l..M~u~ll .. .,._ ~"'4'"'"'.l/U''•"".........., •-t-.... , r-• ... -tn .. IIU ....... ~ .... ~ .... .._,,_.,. ... ,..,_,,.'" ... ..._ .-.. ,_.. .. r:""l_...t...., 4<11" .... " I•• ~ .... ,_ t ... C#o.-f..a...o.' -----.-~-...ill\.--, hA..,....,._,. '"•"''t'.J. ft tH"\tJt 4. ,111<o41t tNS~r..•t '4'•••·()~ ""t"~-l\• ....... ~t.:. t.c.~•,...c• lill":{·~··~trl':fr~~o•r.Qihlo't'_. 1o1• <Af'•.C"'•t<:>~,.;t·-aa=.•c.J»'VIf'C",( ;;,.•••J•.tl·f~N·o•1.4" •,. ~ ~'' lfrl..-tClM..""-.llliiNot:N I \l'l•t;M,')A. Pl~lt .. , •::r &,l..._t~' .. ;.A\t•'J!:•I~"1''-•tt ,..J:J'•..:O"..(o.t'•'IPtT'""Iol'of f't .. ••• ,. .... ., J,.,,.,.,...,.,,.,.,• .. ~ ... ·-.·-f•A"-l I "iill•••(..,t6.,Milll'o;t--4o.:t • ._J.r." 0 0 N 3,000 130TH EXHIBIT I A 136TH ---<:: 0 S: 0 Lu <: ::::.. c u ::::.. a:: ::::.. _, ~ ~ UJ ~ § ::::.. D BTH ::::> 146TH LEGE ND CJ (;ray Luhhock Cily Limits , C'i f Lubbock TlHS Annexation Area in Section 1, Block AK ~I-, ~ J.] H Or,d ~016-00054 0 1,000 2,000 Feet .,__,.,. .... '"'_.~.._ ... J_.~~,...,., .... ..,..,._,.,~,-.. , ... ..,...,.,,,.,........,.,..J..,C'\oii•.Ao-'\h"""".J,......_-.~..,.,t.e._,-.;s~uu~....,, ""~· • .....,.,.... -•.• ..._ • ...,..,. .•.• ......, ... ,. ............. ....., ......... ,..,.....,.c.,..,l...-.:' , __ ..,.~,¥,_... ,~ ..... :-,, "l.Lt··' \!JMetll_....._.,.wtrt .... "\ ,. .. .....,..,~,...,. .. -...,~ t'4;A.-QT ..... I'\""""Cfr.A\ (Wf"~~'lt·•:Utlt•<ttf'OJ'IT~f•P'i.(;sc.JitWJlC NC.t.("'J.o (t;lf..:•, 11111("'~h( V\IC1\..,.H;1t,.LIW •f'"'''* '• ~•1•41 ;.:u;p,~.,..,ui'C..l ... V--.:t'..l _ .. •ai'I "'"GII.I "tl 114'C.'f1"CiriiM Q ?#ol..tDtlll"""-ltQIUiot .. fiOI.,.l ~l. .. t .. l )1\ Vo( t.t:U'.tilll tMU..U ..... ,, ..... ~ ·~•tLJ.ftOIOI'i; J"..tc» 'tot.~-lJI'n' ht-.•11t Ol1tt u-X• ~~.All-' !,oot.)t~ .. tHJ.ttl ot ljll'& .... , to& H t\ ill ••"41~U<al...,. t 'r .... r. o.l,,.t.ltl"' EXHIBIT 4 I LEGEND c=J Gray Lubbock City Limits 3,000 bbock TfXAS 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. 14, located at 2402 961h Street, Station No. 16, located at 4030 1141h Street and Station 12, located at 5202 791h Street. Station No. 14 is approximately 3.3 miles from the proposed annexation with an approximate response time of 5 to 6 minutes. Station 16 is approximately 3.5 miles from the proposed annexation with an approximate response time of 5 to 6 minutes. Station No. 12 is approximately 7.3 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. 14, located at 2402 961h Street, Station No. 16, located at 4030 1141h Street and Station 12, located at 5202 791h Street. Station No. 14 is approximately 3.3 miles from the proposed annexation with an approximate response time of 5 to 6 minutes. Station 16 is approximately 3.5 miles from the proposed annexation with an approximate response time of 5 to 6 minutes. Station No. 12 is approximately 7.3 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 Sheriff's 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_Grav·Pavne 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 SetVices: None SetVices to be Provided: Administration of Municipal Election services. BUILDING INSPECTION Existing SetVices: None SetVices 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_Grav·Payne Exhibit B Existing SeiVices: None SeiVices 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 SeiVices: None SeiVices 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 seiVices: Free library use privileges are currently available to anyone residing in this area, as part of an agreement with Lubbock County. SeiVices to be Provided: These services will continue to be provided upon annexation. CODE ADMINISTRATION/ENVIRONMENTAL HEALTH DEPARTMENTS Existing SeiVices: None SeiVices 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_ Gray-Payne Exhibit B Existing Services: None. Currently, the area Is under the jurisdiction of the Lubbock 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_Grav·Payne Exhibit 8 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_Grav·Pavne 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. Scrv1cc Plat\ Gray-Payne Kelly Pinion1 County C1erk Lubboek Caun~y~ TEXAS 01/24/2019 03:~8 PM FEE: $70.00 2019002804