HomeMy WebLinkAboutOrdinance - 2016-O0059 - Annexing 338.349 Acres - 04/28/2016First Reading CITY OF LUBBOCK Second Reading
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Item No. 6.7 Item 7.9
April 14, 2016 April 28, 2016
ORDINANCE NO. 20-16-00059
AN ORDINANCE ANNEXING AN AREA OF LAND TO THE CITY OF
LUBBOCK, TEXAS, WHICH AREA IS DESCRIBED HEREIN AS 338.349 ACRES
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ADJACENT TO THE CITY LIMITS LOCATED IN SECTIONS 39, BLOCK D, L&SV
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RAILROAD COMPANY SURVEY, ABSTRACT 6, SECTION 38, BLOCK D, L&SV
RAILROAD COMPANY SURVEY, ABSTRACT 856, AND SECTION 40, BLOCK D,
L&SV RAILROAD COMPANY SURVEY, ABSTRACT 717, IN LUBBOCK COUNTY,
■ILL
TEXAS 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 THE ADOPTION 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 area described in Section 1 herein is an area determined by the City
Council to be considered for annexation (the "Area"); and
WHEREAS, the City Council finds that there are fewer than 100 separate tracts of
land on which one or more residential dwellings are located in the Area to be annexed. and
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 of Texas Local Government Code, have been
made in accordance with applicable law; and
WHEREAS, the City Council of the City of Lubbock conducted two public hearings
as required by Section 43.063 of Texas Local Government Code on March 8, 2016 at 10:00
a in. and March 10, 2016 at 5:30 p.m.; and
WHEREAS, the City Council received input and comment from affected property
owners at each public hearing; and
WHEREAS, the City has prepared a service plan for the Area in accordance with
Sections 43.056 and 43.056 (b) - (o) of the Texas Local Government Code which service
plan was made available to the public and explained at the scheduled public hearing: and
WHEREAS, the City Council of the City of Lubbock deems it to be in the best
interest of the citizens of the City of Lubbock to annex said Area into the City of Lubbock;
NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the Area 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 338.349 acre tract of land located in Sections
39, Block D. L&SV Railroad Company Survey. Ab-stract 6. Section 38. Block D. L&SV
Railroad Company Survey, Abstract 856, and Section 40 Block D. L&SV Railroad Company
Survey. Abstract 717, all in Lubbock County. Texas, Texas. being further described as
follows
BEGINNING at a 1/2" iron rod found at the Northwest corner of said Section 39. from which
a found 1'2" iron rod bears N. 86 48' E. a distance of 3.62 feet:
THENCE S. 88 28'45" E., along the North line of said Section 39, at 2643.75 feet pass a 3r8"
iron rod found, continuing at 4086.02 feet pass a railroad spike found in the West right-of-
way line of Interstate Highway 27. continuing at 4585.74 feet pass a 1,.,2" iron rod with cap
marked "STEVENS RPLS 4339" found in the East right-of-way line of said Interstate
Highway 27 . continuing at 5266 54 feet pass a 1/2" iron rod with cap marked "STEVENS
RPLS 4339" found in the West right-of-way line of the BNSF Railway Company as
described in Volume 30. Page 362. Deed Records of Lubbock County, continuing for a total
distance of 5366.54 feet to a point in the East right-of-way line of said railroad and in the
West line of said Section 38 and the East line of said Section 39. and in the West line of that
tract described in County Clerk 's File Number 2012000654 :
THENCE N. 01`=38'15" E., along the East right-of-wa) line of said railroad and in the West
line of said Section 38 and the East line of said Section 39 and the West line of said tract
described in County Clerk's File Number 2012000654 a distance of 2.19 feet to a point in the
North line of said Section 39 and the South line of Section 35 . L&SV Railroad Company
Survey, Abstract 75, Lubbock County . Texas for the Northwest corner of said tract described
in County Clerk's File Number 2012000654:
THENCE S. 88°44'36" E., along the North line of said Section 38 and the South line of said
Section 35 and the North line of said tract described in County Clerk's File Number
2012000654 a distance of 483.20 feet to a point for the Northwest corner of that 310.863 acre
tract described in City of Lubbock Ordinance Number 2005-00063 and the Northeast corner
of this tract:
THENCE Southwesterly, along the West line of said 310.863 acre tract. along a curve to the
right, said curve having a radius of 1223.24 feet, a central angle of 3110'5 1 ", a chord bearing
of S. 10-02'54" W., a chord distance of 698.54 feet to a point of intersection:
THENCE S. 26`37'44" W., continuing along the West line of said 310.863 acre tract. a
distance of 574.39 feet to a point of intersection:
THENCE Southwesterly, continuing along the West line of said 310.863 acre tract, along a
curve to the left, said curve having a radius of 1482.39 feet . a central angle of 2500'00", a
chord bearing of S. 14"03'38" W., a chord distance of 639.98 feet to a point of intersection :
fIILNCI S. 01.44'07' W.. continuing along the \kelt line of said 310.863 acre tract a
distance of 343.52 feet to a point of intersection;
THENCE Southwesterly. continuing along the West line of said 310.863 acre tract, along a
curve to the right, said curve having a radius of 2814.99 feet. a central angle of 09" 1-S'25". a
chord bearing of S. 0618'42" W., a chord distance oi'454.31 feet to a point:
THENCE N. 88"36'31" W., along the South line of the North Half of said Section 39, at
5315.11 feet pass the West line of said Section 39 and the East line of said Section 40.
continuing for a total distance of 5370.1 1 feet to a point for the Southwest corner of this tract:
(HENCE N. 0119'20- 19'20" E.. 5.5.00 leet West of and parallel \N ith the Last line of said Section
40 a distance of 2639.48 feet to a point in the North line of said Section 40 for the Northwest
corner of this tract:
THENCE S. 88'=39'20" E., along the North line of said Section 40 a distance of 55.00 feet to
the Point of Beginning.
SECTION 2. THAT the service plan attached hereto as Exhibit "B" and incorporated
herein by reference for all purposes was submitted in accordance with Chapter 43 of the
Texas Local Government Code and is hereby approved as part of this Ordinance.
SECTON 3. THAT the City Council hereby declares it to be its purpose to annex to
the City of Lubbock every part of the Area described in Section 1 of this Ordinance,
regardless of whether any part of such described Area is not hereby effectively annexed to the
City. Should this Ordinance for any reason be ineffective as to any part or parts of the Area
hereby annexed to the City of Lubbock for full purposes, the ineffectiveness of this
Ordinance as to any such part or parts shall not affect the effectiveness of this Ordinance as to
the remainder of such Area.
SECTION 4. THAT the City Engineer is hereby authorized and directed to 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 5. THAT this Ordinance shall be effective thirty (30) days after final
passage by the City Council.
SECTION 6. 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 7. 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 on April 14, 2016
Passed by the City Council on second reading on April 28, 2016
GLEN eRO4Bgff/;TSON., MAYOR
ATTEST;
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Rebe ca Garza, City Secretar
APPROVED AS TO CONTENT:
Andrew Paxton, Director of Planning
APPROVE AS TO FORM:
Chad Weaver, City Attorney
vw ccdocs; Ord Annex -Monsanto
April 5. 2016
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4 HUGO REEO AND ASSOCIATES, INC.
1001 AVI NUI N I L111100CH, TUXAO 70401 1 0001767.0042 1 PAX 11001703 0001
TEXAS REGISTERED ENGINEERING FIRM F 700
TI XAS LICENSED SURVL'YING FRIM 100010 00
LAND SURVEYORS
CIVIL ENGINEERS
METES AND BOUNDS DESCRIPTION of a 338.349 acre tract of land located in Sections 39, Block D,
L&SV Railroad Company Survey, Abstract 6, Section 38, Block D, L&SV Railroad Company Survey,
Abstract 856, and Section 40 Block D, L&SV Railroad Company Survey, Abstract 717, all in Lubbock
County, Texas, Texas, being further described as follows:
BEGINNING at a 1/2" iron rod found at the Northwest corner of said Section 39, from which a found 1/2"
iron rod bears N. 86°48' E. a distance of 3.62 feet;
THENCE S. 88028'45" E., along the North line of said Section 39, at 2643.75 feet pass a 3/8" iron rod
found, continuing at 4086.02 feet pass a railroad spike found in the West right-of-way line of Interstate
Highway 27, continuing at 4585.74 feet pass a 1/2" iron rod with cap marked "STEVENS RPLS 4339"
found in the East right-of-way line of said Interstate Highway 27, continuing at 5266.54 feet pass a 1/2"
iron rod with cap marked "STEVENS RPLS 4339" found in the West right-of-way line of the BNSF
Railway Company as described in Volume 30, Page 362, Deed Records of Lubbock County, continuing
for a total distance of 5366.54 feet to a point in the East right-of-way line of said railroad and in the West
line of said Section 38 and the East line of said Section 39, and in the West line of that tract described in
County Clerk's File Number 2012000654;
THENCE N. 01 038'15" E., along the East right-of-way line of said railroad and in the West line of said
Section 38 and the East line of said Section 39 and the West line of said tract described in County
Clerk's File Number 2012000654 a distance of 2.19 feet to a point in the North line of said Section 39
and the South line of Section 35, L&SV Railroad Company Survey, Abstract 75, Lubbock County, Texas
for the Northwest corner of said tract described in County Clerk's File Number 2012000654;
THENCE S. 88044'36" E., along the North line of said Section 38 and the South line of said Section 35
and the North line of said tract described in County Clerk's File Number 2012000654 a distance of
483.20 feet to a point for the Northwest corner of that 310.863 acre tract described in City of Lubbock
Ordinance Number 2005-00063 and the Northeast corner of this tract;
THENCE Southwesterly, along the West line of said 310.863 acre tract, along a curve to the right, said
curve having a radius of 1223.24 feet, a central angle of 33°10'51 ", a chord bearing of S. 10°02'54" W., a
chord distance of 698.54 feet to a point of intersection;
THENCE S. 26037'44" W., continuing along the West line of said 310.863 acre tract, a distance of 574.39
feet to a point of intersection;
THENCE Southwesterly, continuing along the West line of said 310.863 acre tract, along a curve to the
left, said curve having a radius of 1482.39 feet, a central angle of 25000'00", a chord bearing of
S. 14°03'38" W., a chord distance of 639.98 feet to a point of intersection;
"1.1 II NCE: S. 01"44'07" W., continuinit along the West line ofsaid 310.861 acre Inlet a distance of`343.52
feet to a point of Interscetion;
TI IfiNCly Southwesterly, continuing along the West line ofsaid 310.863 acre tract, along a curve to the
right, said curve having a radius ol'2814.99 feet, a central angle of 09"15'25", a chord bearing of'
S. 06°18'42" W., a chord distance ol'454.3I (cel to a point;
Tl II NCE N. 88°36'31" W., along the South line of the North Halfofsaid Section 39, at 53 15.1 1 feet
pass the West line of said Section 39 and the bast line of said Section 40, continuing 1101-11 total di4tance of
5370.11 feet to a point for the Soutllwest corner of this tract;
TI IENCE N. 01°19'20" E., 55.00 feet West of and parallel with the East line of said Section 40 a distance
of 2639.48 feet to a point in the North line of said Section 40 !or the Northwest corner of this tract;
THENCE S. 88°39'20" E., along the North line of said Section 40 a distance of 55.00 feet to the Point of
Beginning.
'Phis document was prepared under 22 7A §663.21, does not reflect /he results of an on the ground
survey, and is not to be used to convey) or establish interests in real properly except those rights and
interests implied or established by the creation or reconfiguration vf*lhe boundary of the political
subdivision for which it was prepared.
Description prepared
February 19, 2016
Robert A. Christopher
Registered Professional Land Surveyor No. 5167
Licensed State Land Surveyor
State of Texas
Exhibit B
MUNICIPAL SERVICE PLAN
FIRE
Existing Services: None
Services to be Provided: Fire suppression will be available to the area upon annexation.
Primary fire response will be provided by Fire Station No. 2, located at 1515 East
Ursuline Street. Station No. 2 is approximately 8 miles from the proposed annexation
with an approximate response time of 10 minutes. Fire suppression activities can be
afforded to the annexed area within current appropriation with a less than desirable
response time. Adding an additional fire station to cover this area is a challenge without
further development for justification. Fire Prevention activities will be provided by the
Fire Marshal's office as needed.
POLICE
Existing Services: None. Currently, the area is under the jurisdiction of the Lubbock
County Sheriffs Office.
Services to be Provided. The Police Department mission and purpose is to protect
people and property; maintain social order by conducting criminal investigations and
enforcing laws governing public health, order, and decency. The Police Department will
extend the following services to the newly annexed area:
• Preventive patrol, traffic enforcement, and timely response to calls for service.
• Investigate crimes, arrests offenders, and assists in criminal prosecutions.
• Provide crime analysis, coordinate with any new neighborhood groups, enforce the
alarm ordinance, and assume responsibility for the registering and monitoring of sex
offenders.
• Maintain and disseminate records and documents of activities in the area.
• Enforce municipal ordinances that address physical signs of urban blight and social
disorder.
Although spreading current resources of manpower out further, these services can be
provided within the current budget to the annexed area and should have minimal impact
going into future budgets.
CITY SECRETARY
Existing Services: None
Services to be Provided: Administration of Municipal Election services.
Service Plan—North-1-27
Exhibit B
BUILDING INSPECTION
Existing Services: None
Services to be Provided: The Building Inspection Department will provide construction
code enforcement services upon annexation. This includes construction plan review and
field inspection services and the issuance of building, electrical and
plumbing/mechanical permits for any new construction and remodeling, as well
as enforcement of all other applicable codes which regulate building construction within
the City of Lubbock.
It is anticipated that such services can be provided with current personnel and within the
current budget appropriation. As land is developed, the need for additional personnel
and budget appropriations will be dependent upon the type, intensity and rate of
development within the annexed area as well as areas that compete for those
resources.
PLANNING AND ZONING
Existing Services: The City of Lubbock Subdivision Ordinance and Sign Code
regulations extend into the ETJ.
Services to be Provided. The Planning Department's responsibility for regulating
development and land use through the administration of the City of Lubbock Zoning
Ordinance will extend to this area on the effective date of the annexation. The property
will also continue to be regulated under the requirements of the City of Lubbock
Subdivision Ordinance. As Lubbock continues to grow, so does the need for long range
planning in order to better serve the community. As land is developed, increases in
personnel and budget will be needed in order to provide the same level of customer
service.
GIS AND DATA SERVICES
Existing Services: None
Services to be Provided. GIS and Data Services will update all city-wide GIS data sets
to include the newly annexed areas. This will include support to the Office of City
Secretary for changes to voting precincts (if any) and other elections requirements, to
Building Inspection, Streets and Traffic Engineering for addresses and street names, to
Stormwater Management for impervious surfaces and to Police and Fire for updated
information for 911 Dispatch. The updated information will be reflected on the GIS
website for use by the public.
Service Plan—North-1-27
Exhibit B
These services can be provided within the department's current budget.
LIBRARY
Existing services: Free library use privileges are currently available to anyone residing
in this area, as part of an agreement with Lubbock County.
Services to be Provided: These services will continue to be provided upon annexation.
CODE ADMINISTRATION/ENVIRONMENTAL HEALTH DEPARTMENTS
Existing Services: None
Services to be Provided. The City of Lubbock's Code Administration/Environmental
Health Departments will implement the enforcement of local ordinances and regulations
on the effective date of the annexation. Such services can be provided with current
Code Administration/Health Department Personnel and within the current budget
appropriation. As land is developed, increases in personnel and budget will be needed
in order to provide the same level of customer service.
ANIMAL SERVICES
Existing Services: None. Currently, the area is under the jurisdiction of the Lubbock
County Sheriffs Office.
Services to be Provided. Animal control services will be provided to the area as needed.
The City of Lubbock Animal Services Department will implement the enforcement of the
City of Lubbock's animal control ordinances and regulations upon the effective date of
the annexation. It is anticipated that such services can be provided with current
personnel and budget appropriation, but response times may increase.
STREET
Existing Services: Lubbock County Public Works
Services to be Provided. In accordance with the Master Thoroughfare Plan, the
proposed annexation area will add approximately 2 centerline miles of thoroughfare
roadways to the City's infrastructure. As development occurs, the City's current policies
require the City to design and build thoroughfares. Capital projects may be required in
the future to provide adequate funding to support this anticipated growth. The timing of
Service Plan—North-1-27
Exhibit B
these improvements would be contingent on available funding and growth patterns in
these areas.
STREET LIGHTING
Existing Services: None
Services to be Provided. The City of Lubbock will coordinate any request for improved
street lighting with the local electric provider in accordance with standard policy.
STORM WATER MANAGEMENT
Existing Services: City maintains jurisdiction of playa lakes within the ETJ.
TCEQ (Texas Commission on Environmental Quality) has jurisdiction of enforcement
and compliance with stormwater related permits outside the City limits.
Services to be Provided. As land is developed, developers will provide plans for
addressing the conveyance of storm water drainage. The Storm Water staff will review
the drainage plans for compliance with the current drainage regulations and policies.
Any major improvements for conveyance will be inspected for compliance by the city
staff at time of completion. Additionally, as land is developed and building permits are
requested, Storm Water staff reviews each permit request for compliance with the
Chapters 22 (City's Stormwater permit) and Chapter 30 (Lakes and Floodplains) of the
City Code. After permit issuance, inspections of the construction sites are to ensure
compliance with the City Code and state regulations. Depending on the type and
intensity of development within the annexed area, the need for additional personnel and
budget appropriations may be needed to provide adequate customer service
(development and permit review and inspections).
TCEQ Stormwater permit holders will be transitioned from TCEQ oversight to City of
Lubbock oversight, i.e. inspection and compliance of these existing facilities will now be
the responsibility of the Stormwater Staff.
TRAFFIC ENGINEERING
Existing Services: None
Services to be Provided. Upon annexation two existing signs will need to be upgraded
to city standards and one new sign will be installed. Current budget and staff are
sufficient to provide these signs, poles, and bases. After annexation and in conjunction
with the platting process, Traffic Engineering will identify and install required traffic signs
to be installed at the developer's expense. Other regulatory traffic control devices will be
Service Plan—North-1-27
Exhibit B
provided after appropriate studies indicate the data meets the minimum requirements as
set forth in the Texas Manual on Uniform Traffic Control Devices (TMUTCD) and as
budget permits.
WATER AND SANITARY SEWER SERVICE
Existing Services: None
Services to be Provided: Water and Sewer:
a) Water and sewer are not readily available in a majority of areas proposed for
annexation.
b) Availability of water and sewer prior to or beyond the extension of a capital
improvements project is at the request and expense of the developer, and shall
be provided within current policies and ordinances of the City (see below for
explanation of pro -rata charges.
c) Water and sewer for domestic and commercial use, when installed will be
available at approved City rates.
d) Water for fire protection will be available through lines only after main extensions
through a capital improvements project or development has occurred. Water in
fire truck pumpers or in relay from existing sources will be used for fire
suppression until that time for existing structures.
Pro -Rata Charges
Chapter 22.05 of the Code of Ordinances, 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. The pro -rata charges
include $15.00 per front foot of lot or tract to be serviced for sewer and $12.00 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
22.05 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,
Service Plan—North-1-27
Exhibit B
g) when the City Council can declare a health hazard and install mains at
public expense.
SOLID WASTE SERVICES
Existing Services: None
Services to be Provided. Solid Waste Collection shall be provided to the area of
annexation in accordance with the present ordinance. Service shall comply with existing
City policies, beginning with occupancy of structures. Collection department should
experience minimal impact since this proposed annexation will be for industrial type
uses.
MISCELLANEOUS
In addition to the services listed above, the City will provide full municipal services to the
Annexation Area commensurate with the levels of services provided in other parts of the
City except if differences in topography, land use, and population density constitute a
sufficient basis for providing different levels of service, not later than two and one-half
years after the effective date of the full -purpose annexation. If full municipal services
cannot be reasonably provided within the aforementioned time period, the City will
propose a schedule for providing said services within a period of four and one-half years
after the effective date of the annexation, and/or upon commencement of development
of a subdivision within this property, whichever occurs later.
"Full municipal services" are services provided by the annexing municipality within its
full -purpose boundaries, excluding gas or electrical service. The City shall provide the
services by any of the methods, policies, and ordinances by which it extends the
services to any other area of the City. Accordingly, there may be costs incurred by the
user in order to access certain services.
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
Kelly Pinion County Clerk
Lubbock County TEXAS
08/23/2016 10:62 AM
FEE: x74.00
2016017948
Service Plan -North -1-27