HomeMy WebLinkAboutOrdinance - 2005-O0014 - Annexing Area Of Sparsley Ocuppied Land To City Upon Petition Of Area Landowners - 01/27/2005First Reading
January 27, 2005
Item No. 25
fiLE ANO RETURN TO
£0 BUCY R-0-W
Second Reading
February 10~ 2005
Item No. 13
ORDINANCE NO. 2005-{)0014
AN ORDINANCE ANNEXING AN AREA OF SPARSELY OCCUPIED LAND TO
THE CITY OF LUBBOCK, TEXAS, UPON PETITION OF AREA LANDOWNERS,
WHICH AREA IS DESCRIBED HEREIN AND IS LESS THAN ONE-HALF MILE IN
WIDTH, CONTAINS FEWER THAN THREE QUALIFIED VOTERS, AND IS
CONTIGUOUS TO THE EXISTING CITY LIMITS OF THE CITY OF LUBBOCK,
TEXAS~ PROVIDING FOR INCLUSION OF A SERVICE PLAN IN THIS ORDINANCE;
PROVIDING FOR CORRECTION OF THE CITY MAP TO INCLUDE THIS ANNEXED
AREA; PROVIDING AN EFFECTIVE DATE; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING FOR PUBLICATION.
WHEREAS, the City Council of the City of Lubbock on December 7, 2004,
conducted a public hearing at which the petition for annexation and arguments for and
against the annexation were heard by the City Council as required by Section 43.028, Local
Gove.nunentCode;and
WHEREAS, the City Council of the City of Lubbock deemed it to be in the best
interest of the citizens of the City of Lubbock to grant said petition for annexation; and
WHEREAS, the City Council of the City of Lubbock hereby annexes said sparsely
occupied area into the City of Lubbock as requested by the land owners of said area; NOW
THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the area of land hereinafter described containing 51.29 acres and
as further described on the petition, including a metes and bounds description and map,
attached hereto as Exhibit A, which said exhibit is made a part hereof for all intents and
purposes, which is contiguous to the existing corporate limits of the City of Lubbock, Texas,
less than one-half mile in width and which contains fewer than three qualified voters BE and
the same is hereby ANNEXED to and included within the corporate limits of the City of
Lubbock, Texas, as requested by the petition of the owners of said area ofland.
DESCRIPTION OF ANNEXED AREA
METES and BOUNDS description of a 51.29 acre tract out of Section 7,
Block JS, Lubbock, County, Texas, further described as follows:
BEGINNlNG at a point in the West line of Section 7 for the Southwest comer of this
tract which bears North 00°02'27" West, 660 feet from a found railroad spike for the
Southwest comer of Section 7, Block JS, Lubbock County, Texas;
THENCE North 00°02 '27" West, 1952.83 feet to the Northwest comer of this tract;
THENCE South 89°53 '42" East, at 50 feet past a found rod with yellow cap, in all
1144.67 feet to a found rod with cap for the Northeast comer ofthis tract;
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THENCE South 00°03'40" East, 1949.5 1 feet to the Southeast comer of this tract;
THENCE South 89°56'20" West, 1145.36 feet to the PLACE ofBEGINNING,
containing 51.29 acres, including any Right of Way.
SECTION 2. THAT a service plan prepared in accordance with applicable provisions
of state law pertaining to annexation is attached hereto as Exhibit B and made a part hereof
for all intents and purposes.
SECTION 3. THAT the City Engineer is hereby authorized and directed to
immediately correct the map of the City of Lubbock by adding thereto the additional territory
annexed by this Ordinance, indicating on the map the date of annexation and the number of
this Ordinance. The City Secretary and the City Engineer shall each keep in their respective
offices an official map of the City of Lubbock showing the boundaries of the municipal
corporation, including this annexation.
SECTION 4. THAT this Ordinance shall be become effective upon final passage by
the City Council.
SECTION 5. THAT should any paragraph, section, sentence, phrase, clause or word
of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this
Ordinance shall not be affected thereby.
SECTION 6. THAT the City Secretary is hereby authorized and directed to cause
publication of the descriptive caption of this Ordinance as an alternative method of
publication provided by law.
AND IT IS SO ORDERED.
Passed by the City Council on first reading this 27th day of January
Passed by the City Council on second reading this lOth day of February
TOM MARTIN, MAYOR PROTEM
2
'2005.
'2005.
APPROVED AS TO FORM: I
ddord/ Annex VacLandMilwaukee
December 17, 2004
I
3
Ordinance No. 200S-o0014 EXHIBIT A TO ANNEXATION ORDINANCE
PETITION FOR ANNEXATION
TO THE CITY OF LUBBOCK
TO: MAYOR AND CITY COUNCil.-OF TilE CITY OF LUBBOCK, TEXAS
The undersigned property owners hereby request that the City of Lubbock, Texas,
annex the property described by metes and bounds on Exhibit A hereto and by a map or
plat on Exhibit B hereto into the City of Lubbock. The undersigned real property owners
hereby certify that they total more than fifty percent (50%) of all of the property owners
owning real property in the area indicated by Exhibit A and Exhibit B hereto, which
exhibits are made a part hereof for all purposes. The undersigned hereby certify that this
Petition for Annexation is si and acknowledged by each and every person or
t . ~stated herein.
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STATE OF TEXAS §
COUNTY OF LUBBOCK §
[\ This above instrument was acknowledged before me on the cJ'd day of
(VC t ctec , 20~ by the persons whose signatures appear above.
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Notary be in and for the State of Texas
My Commission Expires: Dt.\ -3D -'LDO ~
RECEIVED
NOV ..: ·) LUU\
Pl.ANNINGDEPA\ll'MENT
Ordinance No. 2005-o0014
WILSHIRE PARK ANNEXATION METES AND BOUNDS
Exhibit A to Annexation Petition
Description of Annexed Area, North of Erskine Street and East of North
Milwaukee Avenue
METES and BOUNDS description on a 51.3-Acre Tract out of Section 7, Block
JS, Lubbock County, Texas further described as follows:
Beginning at a point in the Westerly line of Section 7, Block JS, whence the
Southwest corner of Section 7, Block JS bears South approximately 660 feet.
Thence North 0°02'27" West 1952.83 feet;
Thence South 89°53'42" East 1144.67 feet;
Thence South 0°03'40" East 1949.51 feet;
Thence South 89°56'20" West 1145.36 feet to the place of beginning and
containing 51.3 Acres including any Right-of-Way.
• ~
Ordinance No. 2005-o0014
EXHIBIT B
ANNEXATION OF APPROXIMATELY 51.5ACRES NORTH OF ERSKINE
AVENUE AND EAST OF NORTH MILWAUKEE AVENUE
SERVICE PLAN
1. Police:
a. Any area annexed will be added to an existing Patrol District on the
effective date of annexation.
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. Fire:
a. Fire protection by the present personnel and the equipment of the
fire fighting force (primary response from Station 7), within the
limitations of available water and distances from fire stations, will
be provided on the effective date of annexation. One of the City
owned tankers is proposed to be parked at Station 7.
b. Within the constraints of existing or future bond approvals, fire
stations and personnel to serve the annexed area will be
considered.
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. Traffic Engineering and Streets:
a. Routine maintenance of existing dedicated public streets (excluding
State Highways) will begin on the effective date of the annexation.
b. All new streets, subject to platting, dedication requirements, and
existing City Code and policies. will be constructed and dedicated
without City cost with the exception of the thoroughfare and
collector paving policies or paving, curb, and gutter may be
accomplished through a pre-paid or assessment program.
c. Subject to platting and street dedication or existing needs as
determined by the Traffic Engineering, 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.
5. Water and Sewer:
a. Water and sewer are not readily available in portions of the
proposed area at present.
b. Major main extensions to the area will be considered in future
capital improvement programs.
c. Availability of water and sewer beyond the extension of mains
within a capital expense program 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).
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 lines are installed. Water in pumpers or in relay from
existing sources will be used for fire suppression until that time.
6. Pro-Rata Charges
Chapter 28, City Code establishes the charges or the actual cost of
construction due on all property to which water and/or sewer lines are
extended. 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 $10.00
per front foot of lot or tract to be serviced for sewer and $11.00 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,
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.
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.
8. Building Inspection, Planning, Inspection Services:
Any inspection service or code enforcement now provided by the City
(zoning, environmental control, health, animal control, building inspection),
will begin in the annexed area on the effective date of annexation. Any
inspection or enforcement services and vector control (mosquitoes, flies,
rodents) now provided by City personnel 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 a "T" (transition)
pending platting and zone case requirements.
9. Emergency Medical Service.
The City of Lubbock shall notify Lubbock County Hospital District of this
annexation on the effective date of annexation with regard to provision of
emergency medical services .
.s:{):9l::t.G:·~ ILED AND RECORDED
/'->["' • •·:o/,\ OFFICIAL PUBLIC RECORDS
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Kelly Pinion, County Cle~k
Lubbock County TEXAS
January 04, 2007 01:58:27 PM
FEE: $47.00 2007000489
JDR:Rsk:Mbs:par
DJ 166-012-3
2005-0674
2005-1326
Donald G. Vandiver, :e:sq ..
First Assistant City Attorney
P.O. Box 2000
Lubbock, Texas 79457
Dear Mr. Vandiver:
U.S. Department of Justice
Civil Rights Division
J'otbtg ~ctiOII· NWB.
950 Pennsy/valfill Awrnw, N. W.
WaslrinftOI\ DC 205JO
April 20, 2005 REC~l\~:o
APR I 5 Z005
CITY ATTC: ~NEY
This refers to the creation of two precincts, and two
annexations (Ordinance Nos. 2UUS-~OnlAJ and 2005-00030) and their
designation to districts of the City of Lubbock in Lubbock
County, Texas, submitted to the Attorney General pursuant to
Section 5 of the Voting Rights Act, 42 U.S.C. 1973c. We received
your submissions on February 25 and April 11, 2005; supplemental
information was received on April 11, 2005.
The Attorney General does not interpose any objection to the
specified changes . However, we note that Section 5 expressly
provides that the failure of the Attorney General to object does
not bar subsequent litigation to enjoin the enforcement of the
changes. In addition, as authorized by Section 5, we reserve the
right to reexamine these submissions if additional information
that would otherwise require an objection comes to our attention
during the remainder of the sixty-day review period. Procedures
for the Administration of Section 5 of the Voting Ri ghts Act (28
C.F.R. 51 .41 and 51.43).
Sincerely,
~.~ Joseph D. R1ch
~ef, Voting Section