HomeMy WebLinkAboutOrdinance - 2005-O0030 - Annexing An Area Of Land Adjacent And Abuts City Limits; Contains Fewer Than 100 - 03/04/2005First Reading
March 4, 2005
Item 18
ll!tND RETURN TO
' D BUCY R-0-W
Second Reading
March 24, 2005
Item 14
ORDINANCE NO. 2005-oooJO
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,
WHICH CONTAINS FEWER THAN 100 SEPARATE TRACTS OF LAND ON WHICH
ONE OR MORE RESIDENTIAL DWELLINGS ARE LOCATED ON EACH TRACT;
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, all required notices, including written notice of intent to armex said area
to each property owner, each public entity and each railroad company within said area as
required by Section 43.062, Subchapter C-1, Local Government Code, and all public hearings
for such annexation have been had in accordance with applicable law; and
WHEREAS, the City Council of the City of Lubbock deems it to be in the best
interests ofthe citizens of the City of Lubbock to annex said territory into the City of
Lubbock; NOW THEREFORE:
BE IT ORDAJNED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION I. THAT the area of land hereinafter described and which is further
described on the map attached hereto as Exhibit A and incorporated herein for all intents and
purposes, 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.
DESCRIPTION OF ANNEXED AREA
METES and BOUNDS description on a 715.77-Acre Tract out of Section 14, Block
A and Section 11 , Block JS Lubbock County, Texas further described as follows:
Beginning at the Northwest comer of Section 11, Block JS
Thence S89° 56' 3 S"E, along the North section line of Section 11, Block JS, a distance
of 2, 080.12 feet.
Thence S0°03'25"W a distance of926.81 feet.
Thence S89°56'35"E a distance of235.00 feet.
Thence N0°03'25"E a distance of926.81 feet to a point in the North section line of
Section 11, Block JS.
Thence S 89°56.35"E, along the North section line ofSection11, Block JS, a distance
of819.68 feet.
Thence S0°03'25"W a distance of50.00 feet.
Thence S75°40'19"E a distance of283.18 feet to a point in the South right-of-way
line ofU.S. Highway 84.
Thence N29°54'57"E a distance of290.00 feet to a point in the North right-of-way
line of U.S. Highway 84.
Thence S60°05'03"E a distance of2,158.47 feet along the North right-of-way line of
U.S. Highway 84.
Thence S29°54'57"W a distance of290.00 feet to a point in the South right-of-way
line of U.S. Highway 84.
Thence S0°03'25"W, along the East section line of Section 11, Block JS, a distance
of 1,447.22 feet.
Thence S89°56'35"E, along the half-section line of Section 14, Block A, a distance of
1,696.26 feet.
Thence S0°03'25"W a distance of333.11 feet.
Thence S89°56'35"E a distance of 311.28 feet.
Thence S56°58'0"E a distance of2, 135.13 feet.
Thence S0°03'25"W a distance of992.05 feet.
Thence N89°56 '35"W a distance of 6,928.16 feet.
Thence N0°03'25"E a distance of 475 feet.
Thence N89°56'35"W a distance of 1,205.48 feet.
Thence N 0°03'25"E a distance of2,014.80 feet.
Thence N89°56'35"W a distance of 1,006.23 feet.
Thence N0°03 '25"E a distance of2,639.16 feet.
Thence S89°56'35"E a distance of 60.00 feet to the point of beginning and containing
715.77 Acres including any Right-of-Way.
2
.. -,, ·-
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 4th day of __ Ha=r::...:c~h=-----'' 2005.
Passed by the City Council on second reading this ...ll.t1l. day of Karch , 2005 .
ATTEST:
APPROVED AS TO CONTENT:
3
APPROVED AS TO FORM:
/~ ~ :~,~. ,'
Donald G. Vandiver, Attomey:ocouns~
ddordl AnnexSubCFranford
February 14,2005
4
Ordinance No. 2005-o0030
N. Quaker/Clovis Rd./N. Frankford/Ursuline St.
Exhibit A
February 2005
s
Ordinance No. 2005-QOOJO
EXHIBIT B
ANNEXATION OF APPROXIMATELY 715.77 ACRES NORTH OF URSULINE
AVENUE EAST OF FRANKFORD AVENUE, SOUTH OF THE CLOVIS
HIGHWAY TO THE EXISTING CITY LIMITS WEST OF NORTH QUAKER
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.
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
Kelly Pinion, County Clerk
Lubbock County TEXAS
January 04, 2007 01:58:27 PM
FEE: $43.00 2007000488
U.S. Department of Justice
JDR:MSR:MDS:par
DJ 166-012-3
2005-0674
2005-1326
Donald G. Vandiver, Esq_.
First Assistant City Attorney
P.O. Box 2000
Lubbock, Texas 79457
Dear Mr. Vandiver:
Civil Rights Division
Yoli11g Section· NWB.
9JO Pennsylvanil:l Avenue, N. W_
Wa.rhingtOII. IX 20530
April 20, 2005 RECSl\~~D
APR 2 5 2005
CITY A11Ct ~NEY
This refers to the creation of two precincts, and two
annexations (Ordinance Nos. 2005-00014 and ~U5=0[0~ 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 Rights Act (28
C.F.R. 51.41 and 51.43).
Sincerely,
.~~ ~Joseph D. Rich ~chief, Voting Section