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HomeMy WebLinkAboutOrdinance - 2005-O0078 - Ordinance Annexing An Area Of Sparsely Occupied Land; Less Than 1/2 Mile Width - 07/14/2005First Reading July 14, 2005 Item48 FILE AND RETURN TO fD BUCY R-0-W Second Readin, July 28, 2005 Item 10 ORDINANCE NO. 2005~78 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 June 23,2005, 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 Government Code; 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 ORDAJNED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the area of land hereinafter described containing approximately 89.947 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 for an 89.947 acre tract ofland located in Section 10, Block E, Lubbock County, Texas, being the Northwest Quarter of Section 10, Block E, save and except the North 660' and the West 660' thereof being further described as follows: BEGINNING at a point in the Current City Limits of Lubbock which bears S. 88°11 '30" E. a distance of 660.00 feet and S. 01 °47'54" W. a distance of 660.00 feet from the Northwest comer of Section 10, Block E, Lubbock County, Texas; THENCE S. 88°11 '30" E., along said Current City Limits, a distance of 1982.33 feet Ul 0 :::11 ;g 0 {II to a point in the East line of the Northwest Quarter of Section 10, Block E; THENCE S. 01 °56'32" W., along the East line of the Northwest Quarter of Section 10, Block E, a distance of 1978.59 feet to the Southeast comer of the Northwest Quarter of Section 10, Block E; THENCE N. 88°12'53" W., along the South line of the Northwest Quarter of Section 10, Block E, a distance of 1977.37 feet to a point in the Current City Limits of Lubbock; THENCE N. 01 °47'54" E., along said Current City Limits, a distance of 1979.38 feet to the Point of Beginning. 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 14tb day of _ ___. ......... ~---' 2005. Passed by the City Council on second reading this 28th ay of , 2005. ,."\. .. 2 u....cl..l-..L.."'"OVED AS TO FORM: ~ i&tJVL zd~fLl.)'<J/ Donald G. Vandiver, AttOiney ofcoun~e~ ddord/ Annex VacLand98thOrd June9, 2005 3 LAND SURVEYORS CIVIL ENGINEERS HUGO REED AND ASSOCIATES. INC. 1G01 Avenue N I Lubbock, Texas 79401 18081783-5642 I FAX 8061763-3891 EXHIBIT A METES AND BOUNDS DESCRIPTION for an 89.947 acre tract of land located in Section 10, Block E, Lubbock County, Texas, being the Northwest Quarter of Section 10, Block E, save and except the North 660' and the West 660' thereof being further described as follows: BEGINNING at a point in the Current City limits of Lubbock which bears S. 88°11 '30" E. a distance of 660.00 feet and S. 01°47'54" W. a distance of 660.00 feet from the Northwest comer of Section 10, Block E,Lubbock County, Texas; THENCE S. 88°11 '30" E., along said Current City Limits, a distance of 1982.33 feet to a point in the East line of the Northwest Quarter of Section 10, Block E; THENCE S. 01 °56'32" W ., along the East line of the Northwest Quarter of Section 10, Block E, a distance of 1978.59 feet to the Southeast corner of the Northwest Quarter of Section 10, Block E; THENCE N. 88"12'53" W., along the South line of the Northwest Quarter of Section 10, Block E, a distance of 1977.37 feet to a point in the Current City limits of Lubbock; THENCE N. 01 °47'54" E., along said Current City limits, a distance of 1979.38 feet to the Point of Beginning. This document was prepared under 22 TAC 663.21, does not reflect the results of an on the ground survey, and is not to be used convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared. Exhibit A EXHIBIT B ANNEXATION OF APPROXIMATELY 89.947 ACRES SOUTH OF 98TH STREET AND EAST OF UNIVERSITY 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# 14 at 96th and avenue X with backup Station's #1 0 and #8), within the limitations of available water and distances from fire stations, will be provided on the effective date of annexation. The City will activate the mutual aid agreement with the Woodrow Volunteer Fire Department if a tanker is needed at the site. 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 2007000486 ~-rr----~I I I I I I I I I I. I' i . • J· I i d I !! . t 'I Exhibi --- A -... I I I I I I ==-=·-----' ··---:= JKT:JR:EAM:par DJ 166-012-3 2005-2467 2005-2833 Donald G. Vandiver, Esq. Attorney of Counsel P.O. Box 2000 Lubbock, Texas 79457 Dear l\11". Vandiver : u.s.~~entofJustice Civil Rights Division Voting ~ct/Qn • NWB. 950 PlnnsylWJIIia Avenut. N. W. Washington, DC 20530 September 14, 2005 This refers to three annexations (Ordinance Nos. 2005-00063, 2005-00067, and 2005- 00078), their designation to districts, and the creation of voting precincts and designation of polling places therefor for 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 July 19 and August 16, 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). () ( (_ JKT:JR:EAM:par DJ 166-012-3 2005-2467 2005-2833 Donald G. Vandiver, Esq. Attorney of Counsel P.O. Box 2000 Lubbock, Texas 79457 Dear Mr. Vandiver: u.s.De~entofJustice Civil Rights Division Vodlq S«<IM -NWB. 9SOP~AWIIW, N.W. ~.DC205JO September 14, 2005 This refers to three annexations (Ordinance Nos. 2005-00063, 2005-00067, and 2005- 00078), their designation to districts, and the creation of voting precincts and designation of polling places therefor for 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 July 19 and August 16, 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).