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HomeMy WebLinkAbout94-2994147 Annexation - Frisco ORDINANCE NO. 94-2994 AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF PLAINVIEW, TEXAS, AND THE ANNEXATION OF CERTAIN TRACTS OF LAND ADJACENT TO FRISCO ADDITION, HALE COUNTY, TEXAS; SEVERABILITY CLAUSE; CUMULATIVENESS CLAUSE; AND EFFECTIVE DATE. WHEREAS, the population of the City of Plainview, Hale County, Texas, according to the 1990 U.S. Census is 21700 inhabitants; and WHEREAS, the hereinafter described territory lies adjacent to and is entirely within the extra-territorial jurisdiction of the City of Plainview, Hale County, Texas; and WI~IER~, public hearings regarding the proposed annexation of the hereinafter described territory were held on April 21 and April 26, 1994, after appropriate public notice was given in the Plainview Daily Herald on April 8, 1994, and all interested parties were given an opportunity to be heard; and NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Plainview, Texas that: SECTION I. That the following described 131.48 acres, lying adjacent to the present boundaries of the City of Plainview, Hale County, Texas be and is hereby annexed to the City of Plainview, Texas, and said territory shall hereinafter be included within the boundary limits of said City of Plainview, Texas, and the present boundary limits of such City at the various points contiguous to the area hereinafter described are hereby altered and amended so as to include said area within the corporate limits of the City of Plainview, Hale County, Texas, to wit: Commencing at the Northeast corner of the Horace Griffin Homestead Survey, Hale County, Texas; Thence South 40 feet to a point in the South right-of-way line of FM No. 2286; Thence S 89028.5' W 1,354.2 feet along said right-of-way line to a point; 1 of 9 Annexation Ordinance 148 Thence S 0o02' W 797.2 feet to a point for the Place of Beginning for this tract, said point being the beginning point for a tract of land annexed to the City of Plainview May 2, 1960, by Ordinance No. 734; Thence S 89°58'E 424.7 feet along the City Limit Line and along the North Line of East 14th Street to the Northeast corner of the Merryman Addition to the CitY of Plainview, Texas; Thence N 0°02"E along a projection of the East line of said Merryman Addition to a point in the North right of away line of FM No. 2286; Thence Westerly along the North right away line of FM No. 2286 and parallel with the South lines of said R. E. Burch Homestead Survey and the A. Mosely Homestead Survey, Hale County, Texas, to a point in the East line of a tract of land annexed to the City of Plainview March 11, 1975, by Ordinance No. 75-1740; Thence Southerly along the City Limit Line to a point in the North line of the R. Holland Survey, Hale County, Texas, and in the projection of the East line of Elm Street in Plainview, Texas, said point being a Northeast corner of City Limits Set forth in the Charter of the City of Plainview adopted April 6th, 1920; Thence South along the City Limit Line and along the East line of said Elm Street to a point in the South line of the R. P. Smyth tract; Thence East along the City Limit Line and with the South line of the R. P. Smyth tract to its Southeast corner and the beginning corner for a tract of land annexed to the City of Plainview September 19, 1949, by Ordinance No. 563; Thence East along the City Limit Line and along the prolongation of the South line of the said R. P. Smyth tract to a point in the West line of Frisco Addition, Plainview, Texas; Thence North along the City Limit Line and with the West line of said Frisco Addition to its Northwest corner; Thence East along the City Limit Line and with the North line of said Frisco Addition to a point 1.5 feet North of the Northeast corner of Block 3 of said Frisco Addition; Thence N 0o02' E 406.8 feet along the West line of the tract of land annexed to the City of Plainview May 2, 1960, by Ordinance No. 734, to a point; 2 of 9 Annexation Ordinance 149 Thence S 89o58, E 35.3 feet along the City Limit Line to the Place of Beginning and containing 131.48 acres of land, more or less. SECTION II. The above-described territory so annexed shall be a part of the City of Plainview, Hale County, Texas and property so added hereby shall bear its pro rata share of the taxes levied by the City of Plainview, Hale County, Texas, and the inhabitants thereof shall be entitled to all rights and privileges of all citizens of the City of Plainview, Hale County, Texas, and shall be bound by the acts, ordinances, resolutions and regulations of the City of Plainview, Texas. SECTION III. That the Annexation Service Plan is hereby adopted as set forth below: CITY OF PLAINVIEW ANNEXATION SERVICE PLAN INTRODUCTION Pursuant to Tex. Loc. Govt. Code An. § 43.056 (1988), the City of Plainview has prepared this proposed service plan for the delivery of municipal services to .the territory which is proposed to be annexed to the City. This tract of land, a map of which is attached and labeled EXhibit "A," contains 131.58 acres, and is located to the East of the present existing City limits, and is adjacent to the current City limits on- two sides. The area proposed to be annexed is more fully described by the attached field notes labeled Exhibit "B." The majority of the proposed area is farmland, a feedlot area, and twenty smaller lots that have been platted, but not developed. Based on household population figures established by the 1990 census, the approximately four single family residences are estimated to contain 8 inhabitants. Using the most recent assessed values, provided by the Hale County Appraisal District, the land and improvements within the area proposed for annexation is valued at approximately $302,859. The benefits that are derived from an annexation program are usually not immediate. It is a myth that most annexations pay for themselves immediately. However, over the long term, it is thought to be more fiscally responsible to manage growth early on rather than to try and correct it ten or twenty years after the fact. The fact is that uncontrolled growth outside the city limits will be tomorrow's problems if a city doesn't exert control early in the development process. Therefore, annexation is usually fiscally beneficial in the long term, but not in the short term. Without land use controls, development may occur which is haphazard, unsightly and below city 3 of 9 Annexation Ordinance 150 standards. Such developments can effect a city long into the future. Not only will it negatively effect community residents perception of their community, but also visitors to the community. These developments, which are outside the city limits and below city standards, are difficult, if not impossible, to correct even after annexation. ANNEXATION SERVICES TO BE PROVIDED In accordance with the annexation statute, the following municipal services will be provided.. POLICE PROTECTION 1) On the effective date of annexation, the area will become part of the existing east patrol district. 2) Effective on the date of annexation, preventative patrol service on a level comparable to that provided for other areas of the city with equivalent population densities, degrees and nature of development, traffic patterns, and other factors influencing crime and traffic accident rates will be provided. 3) Review and adjustment of patrol district boundaries, in order to maintain the number of calls for service in each district at approximately equal levels, will be performed at two to five year intervals, depending on the amount and patterns of development throughout the city. 4) Calls for police service, will be answered by the District Officer with responsibility for the area, and/or by another officer as required, unless the call is determined to be unfounded, fictitious, or noncriminal in nature. Any decision not to respond to a particular class or category of call will be made based on a policy which will apply equally to all calls within the annexed area and the existing city limits. 5) Criminal investigative services will be provided to the annexed area for each reported crime occurring on or after the effective date of annexation, based upon the same criteria as applied to crimes reported elsewhere in the city. Each reported crime will be evaluated individually. FIRE SERVICE 1) Primary response into the annexed area will be from the Central Fire Station located at 215 East 6th Street. The fire station located at 10th and Quincy, will act as a backup to the Central Station. Emergency ambulance service will also be provided in the newly annexed area by the Fire Department as provided in other areas of the city. Preliminary runs by units of the Fire Department indicate response time into the annexed area will compare favorably with the rest of the City. 4 of 9 Annexation Ordinance 151 2) The Fire Department does not anticipate need for additional personnel or fire stations to provide service to the newly annexed area at this time. 3) Regular fire prevention inspection and a building construction plan review will be provided to the area immediately upon annexation in accordance with existing city policy. PARK SERVICES 1) Park services for those persons residing in the annexed area are immediately available. Park facilities are available at the neighborhood park located at the intersection of Drake and Winchell streets and at the intersections of Campbell and Walter Griffin streets. Both of these parks provide for family type activities. The services provided will be identical to those provided to other residents of the city. The park located at Winchell and Drake street abuts to the playa lake identified in the annexation plan. It is noted that persons residing at the west edge boundary of the proposed plat will be closer to the E. & E. Givens Park, located at the intersection of Beech and Campbell streets. This is the same park identified as being at the intersection of Walter Griffin and Campbell streets. 2) Open park areas for picnicking will be available to all residents of the annexed area on the same basis as residents presently residing within the city limits. LIBRARY SERVICES Library services identical to those provided to persons already living in the city will be provided those persons living in the annexation area immediately upon the effective date of annexation. Information and programming services offered by the Unger Memorial Library, located at Austin and West 9th St., will be available to any person desiring to avail themselves of such services based on the same procedures for persons already living in the city. SOLED WASTE COLLECTION 1 ) The annexed area will be provided refuse collection services within four weeks after the annexation is complete. The collection of solid waste from the individual properties and containers shall be made in accordance with usual Sanitation Department scheduling and standard rates. 2) The use of the city's sanitary landfill will be provided to all residents of the newly annexed area on the s.m e basis as those residents currently living within the city bruits. 5 of 9 Annexation Ordinance 1 5'2 3) Commercial refuse collection services will be provided to any business located in the annexed area at the same price as presently provided for any business customer within the City of Plainview. MAINTENANCE OF ROADS AND STREETS 1) There are approximately 1.10 miles of streets located in the area to be annexed. Approximately 0.24 miles will be maintained by City street forces effective with the date of annexation. Approximately 0.86 miles of road are FM 2286 and will be maintained by the State of Texas. WATER AND WASTE WATER FACILITIES 1) The extension of water and sanitary sewer will be provided in accordance with current policy, established by the City Council and applicable to all property presently within the corporate limits of the City. This policy basically provides for the extension of mains from the existing systems by the owners or developers of property desiring service. The owners of other properties served share in the cost of the project through the payment of pro-rata charges established in the policy at such time as service connections are made to mains installed by others. 2) The City has presently in service a 500 thousand gallon reservoir and pump station located at 7th and Elm streets, which will provide an adequate water source to serve all the area proposed to be annexed. 3) There currently is no sanitary sewer mains in the vicinity which are adequate to serve the area proposed for annexation in addition to the areas through which they pass. Previous studies and engineering reports recommend the construction of a major trunk main from the E. 3rd and Juniper street lift station to serve the area. PLANNING AND ZONING SERVICES 1) Planning and zoning services will be provided immediately on annexation. In addition to the protection of property through the enforcement of zoning and subdivision regulations, other services including the processing of applications for zoning change, subdivision and plating, and site plans, will be provided by the current Planning and Public Works Division personnel. Until a specific land use plan is prepared for the annexation, the guidelines provided in the Plainview master plan will be utilized in evaluation of development proposals in the area. 2) All properties annexed into the city will be initially zoned "A" - Agricultural Zoning District Until permanent zoning is established by the City Council of the city of Plainview. Procedures to establish permanent zoning has been set by a city ordinance in accordance with state law, including public hearings before the Planning 6 of 9 Annexation Ordinance 153 and Zoning Commission and the City Council prior to final action. Existing uses of property at the time of annexation will be allowed to continue as non-conforming uses, though the zoning of the property will initially be "A" - Agricultural. Expansion of a non-conforming use, however, will require approval by the City's Board of Adjustment or a change in zoning to accommodate the existing or proposed use. ENGINEERING SERVICES Engineering services, including the review of development plans, the issuance of permits as required in the development phase, and the inspection of the installation of water and sanitary sewer mains, storm sewers, and paving of public streets and alleys, will be provided immediately by current Engineering Division personnel. BUILDING INSPECTION SERVICES Inspection services, including the review of building plans, the issuance of permits in the inspection of all buildings, plumbing, mechanical, and electrical work to ensure compliance with city codes and ordinances, will be provided immediately by current Building Inspection Division personnel. TRAFFIC SERVICES 1) Installation of traffic signs, including street name, warning and regulatory signs, will be installed and maintained by current Traffic Division personnel according to established priorities. Traffic counts and other studies will be conducted as warranted, as is currently the practice within the corporate limits of the City. This service will begin within sixty days following annexation. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES 1) Enforcement of the City's Environmental Health Ordinances will be provided within the annexed area on the effective date of the annexation ordinance. These enforcement procedures will not require additional environmental personnel. 2) Investigation of complaints of ordinance code violations or other violations will take place upon the effective date of the annexation ordinance. 3) Animal and Vector control services will be provided to those areas within the annexed area on the effective date of the annexation ordinance. 7 of 9 Annexation Ordinance 154 CAPITAL IMPROVEMENTS As provided by the annexation statute, no money received for the sale of bonds or evidenced by other instruments of indebtedness may be allocated to the annexed area for a period of 180 days after annexation. No plans currently exist for any capital improvements to be made in the annexed area. MISCELLANEOUS General municipal administration and administrative services of the city shall be available to the annexed area beginning with the effective date of the annexation ordinance. SECTION IV. The above-described territory so annexed shall be temporarily classified, pursuant to Section 6 of the Zoning Ordinance of the City of Plainview, Texas, as "A", Agricultural. SECTION V. That the above described property so annexed shall become a part of Voting Precinct 1, pursuant to Plainview City Ordinance No. 92-2912, Section 3. SECTION VI. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. SECTION VII. Provisions of this ordinance are cumulative and nothing herein shall prevent, alter, or diminish the applicability or enforcement of other ordinances restricting, regulating or governing the subject matter herein. SECTION VIII. This ordinance shall be of full force and effect upon its passage and publication as required by law. 8 of 9 AnneXation Ordinance 155 PASSED AND APPROVED this 24th day of ATTEST: K~en McBeth, City Secretary Lloyd Woods, Mayor APPROVED AS TO CONTENT: Muff ~,~;ndon, Dir. of Comm. Dev. APPROVED AS TO FORM: WalYy' l~Ia/t~l~, ~ity Attorney 9 of 9 Annexation Ordinance