HomeMy WebLinkAboutOrdinance - 2005-O0063 - Annexing An Area Of Land To The City Of Lubbock. 100 Seperate Tracts Of Land. - 06/09/2005First Reading
Jtme 9., 2005
Item No. 45 FilE AND RETURN TO
ED BUCY R-0-W
Second Reading
June 23., 2005
Item Ho. 35
ORDINANCE NO. 2005-00063
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 1 ONE OR MORE RESIDENTIAL DWELLINGS ARE LOCATED ON EACH TRACT; I 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
METES and BOUNDS description of a 31 0.863-Acre Tract out of Section 38, Block
D, Lubbock County, Texas further described as follows:
Beginning at a point which bears North 8 8°3 3 '49" West a distance of 5,3 3 7.13 feet
from the Southeast comer of said Section 38;
Thence North 1 °04'04" East a distance of 1825.42 feet;
Thence Northeasterly along a curve to the right~ said curve having a radius of
2,914.60 feet, a central angle of 10°07'00", a chord bearing ofNorth 6°08'40" East, and a
chord distance of 513.96 feet to a point of intersection;
Thence North 11 °12'08" East a distance of309.81 feet to a point of intersection;
Thence Northeasterly along a curve to the left, said curve having a radius of2,814.99
feet, a central angle of9°31 '52", a chord bearing of North 6°26'55" East, and a chord
distance of 467.73 feet to a point of intersection;
Thence North 1 °44'07" East a distance of343.44 feet to a point of intersection;
Thence Northeasterly along a curve to the right, said curve having a radius of
1,482.39 feet, a central angle of25°00'00", a chord bearing of North 14°05'40" East, and a
chord distance of 641.70 feet to a point of intersection;
Thence North 26°37' 44" East a distance of 574.40 feet to a point of intersection;
Thence Northeasterly along a curve to the left, said curve having a radius of 1 ,223 .24
feet, a central angle of33°l0'49", a chord bearing of North 10°02'53" East, and a chord
distance of 698.53 feet to a point of intersection;
Thence South 88°44'36" East, along the North line of said Section 38, at 100.26 feet
pass a Yz" iron rod with cap set in the East right-of-way line of said county road (U.S. 87),
continuing for a total distance of 2,064.23 feet to a Yz" iron rod with cap set for the Northeast
comer of this tract;
Thence South 1 °13'33" West, at 5,245.34 feet pass a Yz" iron rod with cap in the
North right-of-way line ofFM Highway No. 1294, continuing for a total distance of5,345.34
feet to a point in the South right-of-way line of said highway;
Thence North 88°33'49" West, along the South right-of-way line of said highway a
distance of2698.91 feet to a point of intersection; and thence North 1 °04'04" East a distance
of 50.4 feet to the point of beginning and containing 310.863 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.
SECTIONS. 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.
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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 9th day of_~~"-----' 2005.
Passed by the City Council on second reading this ...1.l.m. day of , 2005.
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Rebecca gir:~~ City Secretary
APPROVED AS TO FORM:
ddordl AnnexSubCAirport
March I 0, 2005
3
Ordinance No. 2005-o0063
Exhibit A
AIRPORT
Ordinance No. 2005-o0063
EXHIBIT B
ANNEXATION OF APPROXIMATELY 310 ACRES NORTH OF FM 1294 AND
EAST OF INTERSTATE 27
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 #2 at MLK and
Ursuline with backup Station's #1 and #4), within the limitations of
available water and distances from fire stations, will be provided on
the effective date of annexation. The City activate the mutual aid
agreement with the City of New Deal 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
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Kelly Pinion, County Clerk
Lubbock Cou"ty TEXAS
Ja"uary 04, 2007 01 :58:27 PM
FEE: $39.00 2007000487
JKT:JR:EAM:par
DJ 166·012-3
2005-2467
2005-2833
Donald G. Vandiver, Esq.
Attorney of Counsel
P .0. Box 2000
Lubbock, Texas 79457
Dear Mr. Vandiver:
Civil Rights Division
voan, S.ait»r • NWB.
950 P~Awnw, N. W.
W~,DC2Q530
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).
Sincerely,
John Tanner~
Chief, Voting Section
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l
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. Department or Jumce
Civil Rights Division
Vtltinf S«tU»> • NWB.
950 PDIIISylwlnill AW!IIW, N. W.
W~. DC 2tiJJO
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. l973c. 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).
Sincerely,
John Tanner~
Chief, Voting Section