HomeMy WebLinkAboutOrdinance - 2009-O0109 - Annexing An Area Of Sparsley Occupied Land; Upon Petition Of Area Landowners - 11/19/2009First Reading
November 19, 2009
Item No. 6.1
ORDINANCE NO. 2009-o0109
Second Reading
December 2, 2009
Item. No. S.lS
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 WLE IN
WIDTH, CONTAINS FEWER THAN THREE QUALIFIED VOTERS, AND IS
CONTIGUOUS TO THE EXISTING CITY LIMITS OF THE CITY OF LUBBOCK,
TEXAS; 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 November 5, 2009,
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
Goverrunent 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 ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the area of land hereinafter described containing approximately
50 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 of land.
DESCRIPTION OF ANNEXED AREA
FIELD NOTES on a 49.255 Acre Tract out of the tract described in Volume 10117, Page
235, Lubbock County Official Public Records, (LCOPR) and out of the tract described in
Volume 8547, Page 48, LCOPR and out of Section 34, Block AK, Lubbock County, Texas
being further described by metes and bounds as follows:
BEGINNING at a point in the South line of a 20.405 Acre Tract described in Volume 10117,
Page 235, LCOPR for the Southeast comer of this tract whence a found railroad spike for the
Southeast comer of Section 34, Block AK bears S 88°09'26" E (Texas North Central Zone
Bearing Basis), 660.00 feet and S 01°51 '33'' W, 375.31 feet;
THENCE N 88°09'26" W, with then North line of the tract described in Volume 3368, Page
98, Lubbock County Real Property Records, (LCRPR) and the tract described in Volume
4624, Page 330, LCRPR, at 1492.37 feet pass a found iron pipe, in a111722.77 feet to a found
iron pipe for the most Southerly Southwest comer of this tract;
THENCE N 01°45'43" E, with the East line of the tract described in County Clerk File No.
2008024597, LCOPR, 377.50 feet to a found iron pipe for a comer of this tract;
THENCE N 88°05'39" W, with the North line of the said tract described in County Clerk
File No. 2008024597 and the tract described in Volume 3369, Page 280, LCRPR, 259.72 feet
to a found iron pipe for the most Westerly Southwest corner of this tract;
THENCE N 01°51 '46" E, with the East line of the tract described in Volume 4597, Page 79,
LCRPR and the tract described in Volume 4596, Page 288, LCRPR, 753.74 feet to a found
iron pipe with orange cap marked RPLS 4460 for the Northwest corner of this tract;
THENCE S 88°09' 15" E, with the South line of the tract described in Volume 7603, Page
247, LCOPR and the Plat Limits of Lots 1 through 38 and Tract "A", Winghaven Estates
recorded in Volume 5380, Page 74, Real Property Records, Lubbock County, Texas, at
1477.99 feet pass a found rod with yellow cap, in all 1982.95 feet to a point in the North line
of 45.222 Acre Tract described in Volume 8547, Page 48, LCOPR for the Northeast comer of
this tract;
THENCE S 01°51 '08" W, along the Lubbock City Limits, 660 feet West of and parallel to
the East line of Section 34, 1131.42 feet to the Place of Beginning and containing 49.255
Acres including any Right of Way.
SECTION 2. 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 3. TIIAT this Ordinance shall be effective twenty (20) days after final
passage by the City Council.
SECTION 4. 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 5. 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 19th day of November
Passed by the City Council on second reading this 2nd day of December
ATTEST:
CONTENT:
Chad Weaver, Assistant City Attorney
cw:ccdocs/Ord.Annex Vacant Land
September 15,2009
TO'iVfTMARTIN. MAYOR
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• 2009.
• 2009.
No Text
TCH:RSB:RPL:T AL:cv
DJ 166-012-3
2010-0014
Sam Medina, Esq.
City Attorney
P.O. Box 2000
Lubbock, Texas 79457
Dear Mr. Medina:
U.S. Department of Justice
Civil Rights Division
Votileg Section· NWB
9SO Petr118}'1w»li1J A VfJrUe. NW
Wtuh/ngtOII, DC 20S30
January 20,2010
This refers to the annexation (Ordinance No. 2009-o0109) and its designation to District 5,
and· the creation of a voting precinct for the City of Lubbock in Lubbock County, Texas,
submitted to the Attorney General pursuant to Section 5 of the Voting Rights Act of 1965,42
U.S.C. 1973c. We received your submission on January 4, 2010.
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 this submission 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 S of the Voting Rights Act
of 1965,28 C.F.R. 51.41 and 51.43.
~~~~
1 T. Christian Herre~ Jr.
Acting Chief, Voting Section
Counter Filing I \l\111 IIIII ll\1\ IIlli 1111\ IIIII l\l\l\11111111111111 1111\lll
CERT 2011042621
6 PCS
CITY OF LUBBOCK §
COUNTY OF LUBBOCK §
STATE OF TEXAS §
CERTIFICATE TO COPY OF PUBLIC RECORD
I hereby certify, in the performance of the functions of my office, that the attached
instrument is a full, true and correct copy of Ordinance No. 2009-00109 as the same
appears of record in my office and that said document is an official record from the public
office of the City Secretary of the City of Lubbock, Lubbock County, State of Texas, and
is kept in said office.
I further certify that I am the City Secretary of the City of Lubbock, that I have
legal custody of said record, and that I am a lawful possessor and keeper and have legal
custody of the records in said office.
In witness whereof I have hereunto set my hand and affixed the official seal of
said office this 14th day ofNovember, 2011. ..
R~~-26
City Secretary
City of Lubbock
Lubbock County, State of Texas
'· 'First Reading
Noveaber 19, 2009
Itea No. 6.1
ORDINANCE NO. 2009-oG109
Second Reading
Deceaber 2, 2009
Itea Ho. 5.15
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 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 November 5, 2009,
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 ORDAINED BY THE CITY COUNCIL OF TilE CITY OF LUBBOCK:
SECTION I. THAT the area of land hereinafter described containing approximately
50 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 of land.
DESCRIPTION OF ANNEXED AREA
FIELD NOTES on a 49.255 Acre Tract out of the tract described in Volume 10117, Page
235, Lubbock County Official Public Records, (LCOPR) and out of the tract described in
Volume 8547, Page 48, LCOPR and out of Section 34, Block AK, Lubbock County, Texas
being further described by metes and bounds as follows:
BEGINNING at a point in the South line of a 20.405 Acre Tract described in Volume 10117,
Page 235, LCOPR for the Southeast comer of this tract whence a found railroad spike for the
Southeast comer of Section 34, Block AK bears S 88°09'26" E (Texas North Central Zone
Bearing Basis), 660.00 feet and S 0 l 0 51 '33" W, 3 75.31 feet ;
THENCE N 88°09'26" W, with then North line of the tract described in Volume 3368, Page
98, Lubbock County Real Property Records, (LCRPR) and the tract described in Volume
4624, Page 330, LCRPR, at 1492.37 feet pass a found iron pipe, in alll722.77 feet to a found
iron pipe for the most Southerly Southwest comer of this tract;
THENCE N 01°45'43" E, with the East line of the tract described in County Clerk File No.
2008024597, LCOPR, 377.50 feet to a found iron pipe for a comer of this tract;
THENCE N 88°05'39" W, with the North line of the said tract described in County Clerk
File No. 2008024597 and the tract described in Volume 3369, Page 280, LCRPR, 259.72 feet
to a found iron pipe for the most Westerly Southwest comer of this tract;
THENCE N 01°51 '46" E, with the East line of the tract described in Volume 4597, Page 79,
LCRPR and the tract described in Volume 4596, Page 288, LCRPR, 753.74 feet to a fowtd
iron pipe with orange cap marked RPLS 4460 for the Northwest comer of this tract;
THENCE S 88°09'15" E, with the South line of the tract described in Volume 7603, Page
247, LCOPR and the Plat Limits of Lots 1 through 38 and Tract "A", Winghaven Estates
recorded in Volume 5380, Page 74, Real Property Records, Lubbock County, Texas, at
1477.99 feet pass a found rod with yellow cap, in all 1982.95 feet to a point in the North line
of 45.222 Acre Tract described in Volume 8547, Page 48, LCOPR for the Northeast comer of
this tract;
THENCE S 01 °51 '08" W, along the Lubbock City Limits, 660 feet West of and parallel to
the East line of Section 34, 1131.42 feet to the Place of Beginning and containing 49.255
Acres including any Right of Way.
SECTION 2. 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 3. THAT this Ordinance shall be effective twenty (20) days after final
passage by the City Council.
SECTION 4. 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 5. 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 19th day of November
Passed by the City Council on second reading this 2nd day of December
ATIEST:
MJ)o~. ~ Rebec~a Gana, City SecretarY
Chad Weaver, Assistant City Attorney
cw:ccdocs/Ord.Annex Vacant Land
September 15, 2009
TOM'MARTIN, MAYOR
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, 2009.
, 2009.
No Text