HomeMy WebLinkAboutOrdinance - 2006-O0119 - Annexing Area Of Land Which Contains Fewer Than 100 Separate Tracts Of Land - 11/09/2006First Reading
November 9, 2006
Item No. 6.8 FILE ANO RETURN TO
ED BUCY R-0-W
Second Reading
November 21, 2006
Itea No. 6.1
ORDINANCE NO. 2006~0119
AN ORDINANCE ANNEXING AN AREA OF LAND TO THE CITY OF
LUBBOCK, TEXAS, WHICH AREA IS DESCRJBED HEREIN AND IS ADJACENT TO
AND ABUTS THE EXISTING CITY LIMITS OF THE CITY OF LUBBOCK, TEXAS,
WHICH CONTArnS 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 annex 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 h3d in accordance with applicable law; and
WHEREAS, the City Council ofthe CityofLubbock deems it to be in the best
interests of the citizens of the City of Lubbock to annex said territory into the City of
Lubbock; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the area ofland 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
BEGINNING at a point in the present City Limits line as established by City of
Lubbock Ordinance No. 2006-00067, said point being 660 feet East and 60 feet North of the
Northwest comer of Section 11, Block E, Lubbock County, Texas;
THENCE South along the present City Limits approximately 1380 feet to a point
which is 660 feet East and 1320 feet South of the Northwest comer of Section 11, Block E,
Lubbock County, Texas;
THENCE West along the present City Limits approximately 715 feet to a point which
is 1320 feet South and 55 feet West of the Northwest comer of Section 11, Block E, Lubbock
County, Texas;
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THENCE South along a line parallel to the West line of Section 11, Block E,
approximately 1309 feet to a point which is 2629 feet South and 55 feet West of the
Northwest comer of Section 11, Block E, Lubbock County, Texas;
THENCE East along a line 2629 feet South of and parallel to the North line of
Section 11, Block E, approximately 3075 feet to a point 2629 feet South and 3020 feet East
of the Northwest comer of Section 11, Block E, Lubbock County, Texas;
THENCE North along a line 3020 feet East of and parallel to the West line of Section
11, Block E, approximately 3005 feet to a point which is 3020 feet East and 376 feet North of
the Northwest comer of Section 11, Block E, Lubbock County, Texas;
THENCE West along a line 376 North of and parallel to the North line of Section 11,
Block E, approximately 1060 feet to a point 1960 feet East and 376 North of the Northwest
comer of Section 11, Block E, Lubbock County, Texas;
THENCE South along a line 1960 feet East of and parallel to the West line of Section
11, Block E, approximately 316 feet to a point 1960 feet East and 60 feet North of the
Northwest comer of Section 11, Block E, Lubbock County, Texas;
THENCE West along a line 60 feet North of and parallel to the North line of Section
11, Block E, approximately 1300 feet to the Point ofBEGINNING; containing approximately
175 acres.
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 nwnber 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 seven (7) days after the
I date of 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.
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AND IT IS SO ORDERED.
Passed by the City Council on first reading this 9th day of November
Passed by the City Council on second reading this 21st day of November
. -, . .
APPROVED'" AS T0"_tON<TENT:
I APPROVED AS TO FORM:
ddordl AnnexSubCTahokaHwy
August 21, 2006
3
,2006.
'2006.
Ordinance No. 2006-G0119
Exhibit A
1. Police:
Ordinance No. 2006-Q0119
EXHIBIT B
ANNEXATION OF APPROXIMATELY 175ACRES
TAHOKA HIGHWAY SERVICE PLAN
a. Any area annexed will be added to an existing Patrol District (current
District 32) 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 (96th and
Avenue X), with backup from Station #1 0 (48th and Martin Luther
King Blvd). Within the limitations of existing available water sources
and distances from fire stations, fire protection will be provided on
the effective date of annexation. The City has two (2) tanker trucks
currently assigned at Stations #15 (80th and Venita) and #5
(Broadway and Zenith). In addition, the City will activate the mutual
aid agreement with the Woodrow Volunteer Fire Department if a
tanker or other assistance is needed within the area.
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 commercial customers who
desire City services. No residential units currently exist in the area.
Standard City provided refuse collection will be provided as required by
the Code of Ordinances when or if residential construction occurs within
the annexed area.
4. Traffic Engineering, Public Works Engineering and Streets:
a. Public Works Engineering and Planning Department personnel will
review available resources (maps, plats and dedication deeds) in
coordination with Lubbock County Engineering to determine which
streets are dedicated to the public. Such dedications will be
entered into the City of Lubbock Official Base Map. In addition,
other departments will be made aware of street dedications for
planning purposes.
b. Routine maintenance of existing dedicated public streets (excluding
State Highways) will begin on the effective date of the annexation.
c. Paving of any existing streets will conform to existing City of
Lubbock Paving Policy, with such paving costs normally at the
expense of the abutting property owners, with the exception of the
paving of designated thoroughfare streets which will be paved in
accordance with City Paving Policy and prioritized with other
thoroughfare paving needs city-wide by the City Council. AU new
·streets and alleys will have the right-of-way dedicated and required
curb and gutter and paving constructed in accordance with the
requirements of platting property under existing City Code and other
Policy provisions.
d. 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.
e. 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, particularly the area east of the Tahoka
Highway.
b. Major main extensions to the area will be considered in by the City
Council future capital improvement programs.
c. Availability of water and sewer prior to or 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 fire truck 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 or group of individuals desires water and/or sewer service
to provide service adjacent to the property(ies} or when the service
connection will be made to a line constructed after April1. 1952. the
person or persons desiring service shall pay non-refundable charge called
pro-rata. 2006 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. loeation 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:
a. 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.
b. 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.
c. 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 adoption of an amended Comprehensive Land Use Plan
for the area and future zone case requests. All existing land uses
shall become "legal non-conforming with the exception of the sale
of fireworks. State Law prohibits the sale of fireworks within any
city limits. One exception regarding nonconforming is governed
by Part (f) of 29-26 of the Code of Ordinances as follows:
(f) Nonconforming sign abatement.
(1) The following signs and/or advertising items shall become
nonconforming on the effective date of this ordinance [chapter] and
shall be brought into compliance or removed within six (6) months
of the effective date of this ordinance [chapter].
a. Signs with flashing, blinking, or traveling lights, regardless of
wattage, which are located within forty-three (43} feet of any
street right-of-way. Signs with flashing, blinking, or traveling
lights, regardless of wattage, and excepting time and
temperature signs which are located within one thousand (1 ,000)
feet of any street intersection.
b. Any sign which is affixed to sign supports prohibited in section
23.2-6 [29-26(b )(6)].
c. Banners, pennants, searchlights, twirling signs, sandwich, or
"Au frame signs, sidewalk or curb signs, balloons, or other gas-
filled objects, except as provided in section 23.3-4 [29~26(c)(4)].
d. Flags, other than those of any nation, state or political
subdivision, or one flag which shows an emblem or logo of a firm
or corporation.
e. Any signs which resemble an official traffic sign or signal or
which bears the words "Stop.'' .. Go Slow," "Caution," "Danger,''
'Warning," or similar words.
f. Signs which, by reason of their size, location, movement,
content, coloring or manner of illumination may be confused with
or construed as a traffic-control sign, signal or device, or the light
of an emergency or road equipment vehicle, or which hide from
view any traffic or street sign or signal or device.
g. Portable or wheeled signs.
h. Any sign which emits sound, odor or visible matter, which
serve[s] as a distraction to persons within the public right~of-way.
i. Any signs and their supports in violation of section 23.3-1 [29-
26(c){1 )] are hereby deemed to be in trespass on public property
and shall be immediately removed by the administrator or his
agent. This removal shall be done in a manner, if reasonably
possible, to preserve the value of such signs and supports. If the
administrator directs an independent contractor to remove said
signs and supports, the cost of such work shall be minimized by
the administrator to whatever extent is reasonably possible.
The owners of any removed signs and supports, except signs
made of paper or cardboard or their supports, shall be notified.
The first attempt at notice shall be within three (3} days of the
removal of the sign and supports. The manner of notice shall be
that which will best achieve notice under the circumstances,
including the use of certified mail, hand delivery or publication.
Refusal of certified mail which has been properly addressed and
posted shall not void the notice. Hand delivery may be employed
where the addressee is within the city limits and when his
whereabouts are specifically known. Publication may be used
when the addressee or his whereabouts are unknown and said
publication shall be done in the same manner as prescribed in
Vernon's Annotated Civil Statutes for service of process by
publication. Notice by publication shall be deemed sufficient
regardless of its effect as actual notice.
Said notice shall inform the recipient that the City of Lubbock is
in possession of that certain sign and supports, why they were
removed, and where they may be reclaimed, as well as the
information contained in the remainder of this section.
With the exception of signs made of paper or cardboard and their
supports which may be disposed of immediately, removed signs
and supports shall be stored a period not to exceed fourteen (14)
days beginning the first day of effective notice, whether actual or
constructive. A storage change [charge] of five dollars ($5.00)
per day will be levied beginning the fourth day of that fourteen
(14) day period. Before the expiration of the storage period, the
owner of the sign and supports may reclaim his property upon
payment of any storage charges and the cost of removal, if such
removal was done by an independent contractor. If said sign and
support have not been reclaimed by the expiration of the storage
period, they may be disposed of in whatever manner the
administrator shall choose. If in his opinion the sign and supports
are not capable of being sold they may be discarded, but if sold,
the proceeds therefrom shall be first applied to the storage
charge and removal charge if any, and the remaining balance
shall be mailed to the past owner of the sign and supports, if
reasonably possible, or if not, then to the general fund of the city.
(2) All signs not covered by Section 23.6-1 [29-26(f)(1 )] which are in
violation of other provisions of Section 23 [29-26] shall become
nonconforming. Said signs shall be brought into compliance by
alteration or removal, by January 1, 1982 (edit note: the paragraph
(3) below translates into the fact that nonconforming signs have a
6.5 year time frame to be brought into conformance) unless the
height, area, location or supports of an existing sign are altered, in
which case the sign shall be brought into compliance at the time of
alteration. Nothing in this section shall prevent the removal of
damaged or abandoned signs under Section 23.4 [29-26(d)] or the
termination of nonconforming uses under Section 24 [29-27J.
(3) The abatement periods provided in subsections (f)(1) and (f)(2),
immediately above, commenced on the effective date of Ordinance
No. 7084, which was July 19, 1975, and were effective as to all
such defined nonconforming signs within the corporate limits on
such effective date. The abatement periods for the defined
nonconforming signs located in areas annexed into the corporate
limits on or after the 3rd day of July, 1985, shall commence to run
on the effective date of annexation of the area in which such
nonconforming signs are located. For such purpose the effective
date of annexation shall be either the date of final passage of the
annexation ordinance involved, or, the date upon which such
annexation is approved under the provisions of the Voting Rights
Act, whichever action is the last to occur. The abatement periods
for the defined nonconforming signs located in areas annexed
between July 19, 1975 and July 3, 1985, shall commence to run on
the 3rd day of July, 1985, or, the date upon the effective date of
annexation of the area in which the nonconforming sign is located,
whichever action is the last to occur.
9. Emergency Services:
a. The City of Lubbock shall notify Lubbock County Hospital District of
this annexation and provide the effective date of annexation with
regard to provision of emergency medical services.
b. Other emergency services providers and LECD will be notified of
the annexation. They will be provided with the effective date and
maps of the annexed area indicating any street name changes.
c. The Planning Department will update the centerline file and the
information will be loaded into the Police and Fire dispatch systems
during the week between Council action and the effective date of
the ordinance. Businesses will be notified of any change of
address at that time.
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
Kelly Pinion, County Clerk
Lubbock County TEXAS
January 04, 2007 01:58:27 PM
FEE: $51.00 2007000482
JKT:RPL:DJ:maf
DJ 166·012-3
2006-6982
2006-7138
Mr. Donald G. Vandiver
Attorney of Counsel
P.O. Box 2000
Lubboc~ Texas 79457
Dear Mr. Vandiver:
U.S. Department of Justice
Civil Rights Division
Vodnt ~ • NWB.
9j() P~ ..4'III!Nolt, N.W.
W~DC 2QS30
January 23, 2007
This refers to two annexations (Ordinance Nos. 2006-00119 and 2006-00121) and their
designation to District 4 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 December 5 and 18, 2006.
The Attorney General does not interpose any objection to the specified changes. However,
we note that Section S 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 S, we reserve the right to reexamine these submissions if additional infonnation that
would othenvise 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 5.1.43).
Sincerely,
,~~
~I John Tanner
Chief, Voting Section