HomeMy WebLinkAboutOrdinance - 2015-O0072 - Annexing 223 Acres - 07/23/2015first meaamg
ily 9, 2015
em No. 7.2
ORDINANCE NO2015-00072
;n.econu rceamng
July 23, 2015
Item No. 7.5
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 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, 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, 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, Texas Local Government Code on June 9, 2015 at 3:00 p.m.
and June 11, 2015 at 5:30 p.m.; 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 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 222.99 acre tract of land lying in Section 37
Block D, L, & S.V. RR Co. Survey, Abstract 75, Section 38, Block D, L. & S.V. RR Co.
Survey, Abstract 856, Section 36, Block A, G.C. & S.F. RR Co. Survey, Abstract 683, and
Section 4, Block D-3, G.C. & S.F. RR Co. Survey, Abstract 859, all in Lubbock County,
Texas, being further described as follows:
BEGINNING at a point in the South line of said Section 37 and the North line of said Section
4, same being the Southeast corner of that tract described in County Clerk's File Number
20097374, Official Public Records of Lubbock County, Texas, from which the Southwest
corner of said Section 37 bears N. 88°33'23" W. a distance of 12.00 feet:
THENCE S. 01003'21" W. a distance of 50.00 feet to a point in the South right-of-way line
of F.M. Highway 1294 for the Southeast corner of this tract;
THENCE N. 88033'23" W, along the South right-of-way line of F.M. Highway 1294, along
the current city limits as established by Ordinance 8647, a distance of 2644.29 feet to the
Southwest comer of this tract;
THENCE N. 01013'55" E., along the current city limits as established by Ordinance 2005-
00063 a distance of 3682.06 feet to the Northwest corner of that tract described in County
Clerk's File Number 20097374;
THENCE S. 88033'22" E. a distance of 2636.33 feet to the Northeast corner of that tract
described in County Clerk's File Number 20097374;
THENCE S. 01017'53" W., along the East line of said Section 38, a distance of 2096.81 feet
to a point;
THENCE S. 88044'48" E. a distance of 5.51 feet to a point in the West line of a 5.01 acre
tract described in Volume 7712, Page 99, Official Public Records of Lubbock County, Texas;
THENCE South 01°03'21" West, a distance of 1535.27 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.
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 effective thirty (30) days after 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.
E
AND IT IS SO ORDERED.
Passed by the City Council on first reading on July 9. 2015
Passed by the City Council on second reading onJ] ly 23.2015
"Z/4 //
GLEN e ROBE VSON, MAYOR
ATTEST:
Regi cca Garza, City' Sccretary
r
APPROVED AS -TO CONTENT:
Andrew Paxton, Director of Planning
APPROVED AS TO FORM:
vw:ccdocs/Ord.Annex-Rail Pon Phase Il
June 23, 2015
HUGO REED AND ASSOCIATES, INC.
1601 AVENUE N I LUBBOCK, TEXAS 79401 1 8061763-6642 1 FAX 80617634881
1i7A TEXAS REGISTERED ENGINEERING FIRM F-760
TEXAS LICENSED SURVEYING FIRM 100676-00
LAND SURVEYORS
CIVIL ENGINEERS
EXHIBIT A
METES AND BOUNDS DESCRIPTION of a 222.99 acre tract of land lying in Section 37 Block D, L. & S.V. RR Co.
Survey, Abstract 75, Section 38, Block D, L. & S.V. RR Co. Survey, Abstract 856, Section 36, Block A, G.C. & S.F.
RR Co. Survey, Abstract 683, and Section 4, Block D-3, G.C. & S.F. RR Co. Survey, Abstract 859, all in Lubbock
County, Texas, being further described as follows:
BEGINNING at a point in the South line of said Section 37 and the North line of said Section 4, same being the
Southeast comer of that tract described in County Clerk's File Number 20097374, Official Public Records of Lubbock
County, Texas, from which the Southwest corner of said Section 37 bears N. 88°33'23" W. a distance of 12.00 feet;
THENCE S. 01 003'21" W. a distance of 50.00 feet to a point in the South right-of-way line of F.M. Highway 1294 for
the Southeast corner of this tract;
THENCE N. 88033'23" W, along the South right-of-way line of F.M. Highway 1294, along the current city limits as
established by Ordinance 8647, a distance of 2644.29 feet to the Southwest corner of this tract;
THENCE N. 01'13'55" E., along the current city limits as established by Ordinance 2005-00063 a distance of 3682.06
feet to the Northwest corner of that tract described in County Clerk's File Number 20097374;
THENCE S. 88'33'22" E. a distance of 2636.33 feet to the Northeast corner of that tract described in County Clerk's
File Number 20097374;
THENCE S. 01'17'53" W., along the East line of said Section 38, a distance of 2096.81 feet to a point;
THENCE S. 88`44'48" E. a distance of 5.51 feet to a point in the West line of a 5.01 acre tract described in Volume
7712, Page 99, Official Public Records of Lubbock County, Texas;
THENCE South 01*03'21" West, a distance of 1535.27 feet to the Point of Beginning;
June 2015
Robert A. Christopher
Registered Professional Land Surveyor No. 5167
Licensed State Land Surveyor
State of Texas
This document was prepared under 22 TAC §663.21, does not reflect the results of an on the ground survey, and is not
to be used to convey or establish interests in realproperty except those rights and interests implied or established
by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared.
''1
INSURANCE
S
EXHIBIT A
Legend
L..1L. cnLm.,
'i!—A— ... ten
As required by SECTION 1. Chapter 2051, SUBCHAPTER D. GEOSPATIAL DATA PRODUCTS
of the Government Code, the City of Lubbock hereby provides notice that the data on this map
Plannin- DCwas created by the City of Lubbock. Any data that appears to represent property boundaries is
for informational purposes and may not have been prepared for or be suitable for legal,
"Rail Port" Annexation Exhibit B
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 and intensity of
development within the annexed area as well as areas that compete for those
resources.
PLANNING AND ZONING
Existing Services: None
Services to be Provided: The Planning and Zoning Department's responsibility for
regulating development and land use through the administration of the City of Lubbock
Zoning Ordinance will extend to this area upon the effective date of the annexation. The
property will also continue to be regulated under the requirements of the City of
Lubbock Subdivision Ordinance. It is anticipated that these services can be provided
within the department's current budget.
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 elections requirements, to Building Inspection, Streets and Traffic
Engineering for addresses, street names and street signs, 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.
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.
"Rail Port" Annexation 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 E Ursuline
St. Station 2 is approximately 6 miles from the intersection of Interstate 27 and East FM
1294 with an approximate response time of 8 minutes. Fire suppression activities can
be afforded to the annexed area within current budget 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
Services to be Provided: Currently, the area is under the jurisdiction of the Lubbock
County Sheriff's Office. However, upon annexation, the City of Lubbock Police
Department will extend regular and routine patrols to the area. It is anticipated that the
implementation of police patrol activities can be effectively accommodated within the
current budget and staff appropriation.
EMS
Existing Services: None
Services to be Provided: the City of Lubbock does not provide Emergency Medical
Services; such services are provided by Lubbock County Hospital District and private
providers.
BUILDING INSPECTION
Existing Services: None
Services to be Provided: The Building Inspection Department will provide code
enforcement services upon annexation. This includes issuing building, electrical and
plumbing/mechanical permits for any new construction and remodeling, and enforcing
all other applicable codes which regulate building construction within the City of
Lubbock.
"Rail Port" Annexation Exhibit B
ANIMAL SERVICES
Existing Services: None
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.
STREET
Existing Services: Lubbock County Public Works
Services to be Provided: Maintenance to the street facilities will be provided by the City
of Lubbock upon the effective date of the annexation. It is anticipated that this service
can be provided within the current budget appropriation.
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.
TRAFFIC ENGINEERING
Existing Services: None
Services to be Provided: Upon 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 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.
STORM WATER MANAGEMENT
Existing Services: City maintains jurisdiction of playa lakes within the ETJ.
"Rail Port" Annexation
Exhibit B
Services to be Provided. Developers will provide storm water drainage at their own
expense and will be inspected by the City Engineers at time of completions. The City
will review and enforce the drainage policies upon platting and submission.
WATER and SANITARY SEWER SERVICE
Existing Services: None
Services to be Provided: Water and Sewer infrastructure is currently adjacent to this
area within the existing City Limits. Availability of water and sewer 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). Water and sewer for domestic
and commercial use, when installed, will be available at approved City of Lubbock rates.
Water for fire protection will be available through lines only after service lines are
installed by the developer.
Pro -Rata Charges
Chapter 22, 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 $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
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.
SOLID WASTE SERVICES
Existing Services: None
"Rail Port" Annexation
Exhibit 8
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. The landfill will be able to handle
this request. The annexation will have little impact to the landfill.
MISCELLANEOUS
All other applicable municipal services will be provided to the area in accordance with
the City of Lubbock's established policies governing extension of municipal services to
newly annexed areas. This includes parks and other publicly owned facilities.
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
�rl'OF PWtl.
Kelly Pinion, County Clerk
Lubbock County TEXAS
August 03, 2015 01:33:15 PM
FEE: $62.00 2015028133