HomeMy WebLinkAboutOrdinance - 2006-O0121 - Annexing Area Of Land Which Contains Fewer Than 100 Separate Tracts Of Land - 11/21/2006First Reading
November 21, 2006
Item. No. 6.2
FILE AND RETURN TO
ED BUCY R-0-W
Second Reading
December 7, 2006
Item. No. 5.2
ORDINANCE NO. 2006-Q0121
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 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 had in accordance with applicable law; and
WHEREAS, the City Council of the City of Lubbock 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 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
BEGJNNING at a point in the present City Limits line, as established by City of
Lubbock Ordinance No. 2005-00067, said point being 660 feet East and 660 feet South of
the Northwest comer of Section 21, Block E2, Lubbock County, Texas;
THENCE East along the present City Limits approximately 1980 feet to a point that
lies on the Half-Section line (that divides the section by east and west) and is 2640 feet East
and 660 feet South of the Northwest comer of Section 21, Block E2, Lubbock County, Texas;
THENCE South along a line parallel to the West Line of Section 21, Block E2,
approximately 2628 feet to a point which is 3288 feet South and 2640 feet East of the
Northwest comer of Section 21, Block E2, Lubbock County, Texas;
THENCE West along a line parallel to the North line of Section 21, Block E2,
approximately 493 feet to a point which is 3288 feet South and 2147 feet East of the
Northwest comer of Section 21, Block E2, Lubbock County, Texas;
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THENCE South along a line 214 7 feet East of and parallel to the West line of Section
21, Block E2, approximately 2652 feet to a point 660 feet South and 2147 feet East of the
Southwest corner of Section 21~ Block E2~ Lubbock County, Texas;
THENCE West along a line 660 feet South of and parallel to the South line of Section
21 ~ Block E2, approximately 1487 feet to a point on the present city limits line, which is 660
feet East and 660 feet South of the Southwest comer of Section 21, Block E2, Lubbock
County, Texas;
THENCE North along the present City limits approximately 5280 feet to the Point of
BEGINNING; containing approximately 210 acres.
SECTION 2. THAT a sezvice 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
date of flnal 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 21st day of November
Passed by the City Council on second reading this 7th day of December
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Reb~c.ci, Garza, City Secretary
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Exhibit A Ordinance No. 2006-D0121
1.
2.
3.
Ordinance Bo. 2006-Q0121
EXHIBIT B
ANNEXATION OF APPROXIMATELY 210 ACRES
F.M. 1585 AND INDIANA HIGHWAY SERVICE PLAN
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.
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 #12 -79th and Slide. When a
new station is built at 1161h and Quaker (2007/2008), the new
Station 16 will become primary and Station 14 will be secondary.
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.
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. There are no known residential units 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. All 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 the proposed area at
present.
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 #6 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 April 1, 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. 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 Councjl 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. A second exception regarding nonconforming is quoted
from 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 "A" frame signs, sidewalk or curb signs,
balloons, or other gas-filled objects, except as provided in
section 23.3-4 [29-26(c)(4)J.
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)J or the termination of nonconforming uses under
Section 24 [29-27].
(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
fast 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, Ccunty Clerk
Lubbock County TEXAS
January 04, 2007 01 :58:27 PM
FEE : $51.00 2007000481
JKT:RPL:DJ:maf
DJ 166-012·3
2006-6982
2006-7138
Mr. Donald G. Vandiver
Attorney of Counsel
P.O. Box2000
Lubbock, Texas 79457
Dear Mr. Vandiver:
U.S. Department of Justice
Civil Rights Division
V«iJW &laWn· NWB.
950 P~A..,_, N. W.
W~DC 20530
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 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 infonnation 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 5.1.43).
Sincerely,
,~~
~I John Tanner
Chief, Voting Section