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Home My WebLink AboutResolution - 1598 - Decline Request - City Of Carlisle - Proposed Incorporation - 03/08/1984V. RESOLUTION 1598 - 3/8/84 RESOLUTION A RESOLUTION DENYING REQUEST FOR CONSENT TO THE INCORPORATION OF THE PROPOSED CITY OF CARLISLE. WHEREAS, Article 970(a) V.A.C.S. provides that no city may be incorporated within the area of the extraterritorial jurisdiction of any city without the written consent of the governing body of such city; and WHEREAS, on January 19, 1984, A. R. Howard, Acting Attorney for Carlisle, submitted a request for the written consent of the City Council of the City of Lubbock to the proposed incorporation of the City of Carlisle; and WHEREAS, the proposed City of Carlisle encompasses a four square mile area lying within the extraterritorial jurisdiction of the City of Lubbock; and WHEREAS, after due consideration of said request the City Council finds that it would not be in the best interests of the citizens of the City of Lubbock to grant permission for the incorporation of the City of Carlisle; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: Section 1. THAT the City Council decline the request for written consent to the incorporation of the City of Carlisle, and Section 2. THAT the City Council does hereby withhold its permission for such incorporation. Passed by the City Council this Rth day of March 1984. LAN HE R , R ATTEST: Evelyn G fga, City'S65c-41ary APPROVED AS TO CONTENT: d' L-oQcr'�� H. David Jonet,j%enior Planner APPROVED AS TO FORM: lyn M. Sherwin, Assistant City Attorney CITY OF LUBBOCK MEMO TO: Honorable Mayor and Members of the City Council FROM: Larry J. Cunningham, City Manager SUBJECT: Carlisle Area Incorporation Request DATE: February 10, 1984 Recently, the City of Lubbock received a request from Mr. A.R. Howard on behalf of residents of the Carlisle area requesting that the City of Lubbock concur with the Carlisle community incorporating into a municipality. The reason that this request came to the City of Lubbock is that any property in our extra- territorial jurisdiction cannot be incorporated without first seeking approval from the City of Lubbock, and if we refuse, then other provisions must be met before they can actually incorporate. Following this request, we did have a number of our staff members collectively review this to determine the advantages or disadvan- tages of this particular request. We had representatives from the Building Inspection Department, Fire Department, Health Department, Planning Department, Traffic and Transportation Department, Police Department, Zoning, Engineering, Legal, and Water Departments to take a look at this. There are a to,,e,�'tr„s that are of ance to the City staff and these include the :. eve opme li15 #hai 1ds�evei��.�{J{. "anti lff—fi`CYft: ;wiT tf�+�fi D$ y -j de. .e ..w.. ... �. «.. ..�__. concern is the tff) � Apr mi�j► g'' i� i i)r gr, Our staff has completed their report and I am attaching a copy of this for your review. It will be necessary for Council to take some form of action on this and we plan to put this on a future work session. I did, however, want to give this information to you as far in advance as possible so that you could be giving some further thought to it. As you read it, if you have ques- tions that you would like to have us address, please feel free to give me a call. Larry J. Cunningham City Manager LJC: rb ITEM 31 59 CARLISLE AREA INCORPORATION REQUEST On January 19, 1984, A. R. Howard, Acting Attorney for Carlisle, submitted a request for permission from the City Council of Lubbock to incorporate Carlisle within the following boundaries: FM 225 (West 4th Street), Upland Avenue, West 34th Street, and FM 179. Article 970A, Section 8.A of Vernon's Annotated Civil Statutes states that "No city may be incorporated within the area of the extra- territorial jurisdiction of any city without the written consent of governing body of such city. Should such governing body refuse to grant permission for the incorporation of such proposed city, a majority of the resident voters, if any in the territory of such proposed city and the owners of fifty per cent (50%) or more of the land in such proposed city may petition the governing body of such city and request annexation by such city. Should the governing body of such city fail and refuse to annex the area of such proposed city within six months from the date of receipt of such petition, proof of such failure or refusal shall constitute authorization for the incorporation of such proposed city insofar as the purposes of this sub -section are concerned." At this point, it seems that the City of Lubbock has three options: 1. The City Council can grant written permission to incorporate the four square miles as requested, or give written permis- sion to incorporate a smaller area.' 2. The City can refuse permission for any incorporation at this time. In such case, a petition sinned by 50% of the resident voters and owners of 50% of the land in this four square mile area may petition for annexation. 3. If a legitimate petition for annexation is received, the City may agree to annex all, part, or none of the requested area. If, however, the City refuses the annexation, after a period of six months, it would constitute authorization for Carlisle to incorporate as requested. ISSUES 1. The requested incorporation is for a four square mile area; however, the majority of the developed area in the Carlisle community lies one-half mile north and south of West 19th W Carlisle Area Incorporation Request Page 2 Street between Upland and Alcove, covering less than one square mile. The feasibility and practicality of a newly incorporated city providing water and sewer to an area larger than the one square mile area is very questionable. 2. If Carlisle incorporates, Doug Goodman of the Health Department indicated that the governing body would be required to provide a local health officer. In all like- lihood, it would be very difficult for Carlisle to bear these costs, resulting in future requests to the City of Lubbock for contract assistance. 3. By allowing incorporation along the West 19th Street corridor, the City of Lubbock would lose .any future control over the quality of land uses in the corridor between Lubbock and Reese Air Force Base. Reese Air Force Base is a vital economic factor to the City of Lubbock. We should be seeking ways to clean up this corridor and to enhance the land uses along it. If Carlisle incorporates, even worse conditions could prevail since Carlisle would probably be unable or unwilling to develop any quality land use stand- ards. In all likelihood, the logical strategy to beef up the local tax base could be through highway strip commer- cial, including clubs and bars. 4. Most ordinances or development standards of the new city would probably be substandard when compared to those that Lubbock might eventually extend through annexation. 5. If Carlisle incorporates, they probably would not become an - "entitlement city" under the community development program. Therefore, their ability to receive state and federal money for assistance would be greatly diminished. 6. In light of the recent refusal of the Lubbock City Council to annex Carlisle, it is possible that the request to incorporate may merely be a political strategy to gain pressure for annexation. 7. Although it would not be an economic benefit to Lubbock to annex the Carlisle community in the near future, the long term benefits could be substantial. The ultimate cost to `Carlisle Area*Incorporation Request .Page 3 the City of Lubbock for postponing annexation of Carlisle continues to increase as the density of development in- creases and -the -quality of development decreases. In light of Lubbock's strong westerly and southwesterly growth trend, and in light of the value of Reese Air Force Base to our community, possibly the time for reconsideration of annexa- tion has arrived. ` CONCLUSIONS 1 There appears to be little justification, from a land use standpoint, to allow the incorporation of a four square mile area. 2. Because of the importance of this corridor connection between the Reese Air Force Base and the City of Lubbock, it is questionable at this time to allow incorporation and thereby lose all land use control over the corridor and the frontage onr4th Street, 19th Street and 34th Street. 3. In all likelihood, Carlisle would lack the government structure or financial capabilities to provide municipal services or land use control which would be an asset to the City of Lubbock on our western boundary. Before serious consideration is given to permitting the incorporation of Carlisle, the feasibility of allowing a Municipal Utility District (M.U.D,) should be thoroughly investigated by the proponents. RECOMMENDATION 1. The Lubbock City Council should refuse the request for incorporation of the four square mile area as submitted by Mr. A. W. Howard. Before forwarding a formal refusal, the Mayor may want to visit with Mr. Howard for additional details behind his request. 2. We should suggest that Carlisle investigate the feasibility of a Municipal Utility District. This would give them the needed utilities, without relinquishing our future potential control over land use development in this area. -Carlisle Area Incorporation Request Page 4 3. If, after our refusal, a successful petition is presented to the City of Lubbock, we should seriously consider the issue of annexation of the developed and.developing areas around the immediate Carlisle community, before automatically allowing incorporation. REESE a—� Vs.IaGE W • f � • f 0 t ca• t aw E HlGF't+'aY O• J • • C ! I • t! 1 1 • f"I !I ! f, 0 SPIKES rsvw esPriEED (rV1l 1p ;J 2 112 mite strslphl trsiti : i any cc estlon reduces response 10 .;•: or • iXISTiNG FIKE TATIE •• i jw IL z: \\ •�•••�is: �ae•, \�� A: ,i> 1 10th STREET' _- ,1' �'• CARLISLE 1 � r • • • : •r••• raj �• _ } 1 a•a.aia• �• •••iii• •. - � :�'."::-••� i;;; �` • � ._ _ _ _ _ 34th STREET PROPOSED FIRE STA7I I s) lent 1087 r INCORPORATION REOUEST PROPOSED THROUGHFAREB COMMERCIAL ' `_ `_�/ • �� TJ ROUGH• RESIDENTIAL . 'iir• ESTIMATES t �- • j •i N 1 1 � I I 1 1 1p ;J 2 112 mite strslphl trsiti : i any cc estlon reduces response 10 .;•: or • iXISTiNG FIKE TATIE •• i jw IL z: \\ •�•••�is: �ae•, \�� A: ,i> 1 10th STREET' _- ,1' �'• CARLISLE 1 � r • • • : •r••• raj �• _ } 1 a•a.aia• �• •••iii• •. - � :�'."::-••� i;;; �` • � ._ _ _ _ _ 34th STREET PROPOSED FIRE STA7I I s) lent 1087 r INCORPORATION REOUEST PROPOSED THROUGHFAREB COMMERCIAL ' `_ `_�/ • �� TJ ROUGH• RESIDENTIAL . 'iir• ESTIMATES t �- • j •i N 1 1 � I