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HomeMy WebLinkAbout95-3038282 Annexation - Easy Hwy 70 ....... ~.~. ...... ORDINANCE ~NO. 95-3038 AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF PLAINVIEW, HALE COUNTY, TEXAS, AND THE ANNEXATION OF CERTAIN TRACTS OF LAND ADJACENT TO THE HATCH-ISAACS INDUSTRIAL AREA, 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 21,700 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 WHEREAS, public hearings regarding the proposed annexation of the hereinafter described territory were held on February 28, and March 14, 1995, after appropriate public notice was given in the Plainview Daily Herald on February 17, and March 3, 1995, 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. The following described 294.7 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: See legal description on Attachment "A", attached hereto and incorporated herein: SECTION II. The territory described in Attachment A 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 hereof 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. 1 of 3 283 SECTION III. The Annexation Service Plan is hereby adopted as set forth in Attaclunent "B" attached hereto and incorporated herein; SECTION IV. The territory described in Attachment A so annexed shall be temporarily classified, pursuant to Section 6 of the Zoning Ordinance of the City of Plainview, Hale County, Texas as "A", Agricultural. SECTION V. The territory described in Attachment A so annexed shall become a part of Voting Precinct 2, 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. - Passed and approved on 6th day of Apr'il, 1995. Lloyd C. Woods, Mayor ATTEST: K~ren McBeth, City Secretary 2 of 3 284 APPROVED AS TO CONTENT: Muff~/nt]on Director for Community Development APPROVED AS TQ ]~OR~ Wally Hatch, City Attorney 3 of 3 285 Ordinance No. 95-3038 Annexation. East Hwy 70 ATTACHMENT "A" Being approximately 294.7 acres (0.46 square miles) consisting of: (A) The remaining 35.7 acres out of the southeast part of the L.S. Kinder Survey lying South of the Ft. Worth & Denver Railroad right of way that is not currently within the corporate limits of the City of Plainview, Texas; (B) 66.1 acres out of Survey 15, Block D-6 lying south of said railroad right of way; (C) The north 1,000 feet (120.8 acres) of Survey 15, Block D-6; (D) The north 1,000 feet (72.1 acres) of the Andrew Vince Homestead lying east of the east line of Milwee Street; Beginning at a point in the east line of Milwee Street (60 feet East of Block 22, McClelland Addition) for the southwest comer of the City of Plainview Annexation by Ordinance No. 563, dated September 19, 1949, said beginning comer also being in the south line and 35 feet east of the southwest comer of the L.S. Kinder Survey, Hale County, Texas; Thence East along the south line of said Kinder Homestead Survey (and the north line of the Andrew Vince Homestead Survey) to the southeast comer of said Annexation #563; Thence North along the east line of said annexation (a prolongation of the east line of Frisco Addition) to the south right of way line of the Ft. Worth & Denver Railroad right of way; Thence Southeasterly along said right of way line (parallel and 100 feet from the centefline of the main track of said railroad) to the east line of said Kinder Survey; Thence South 101.5 feet along the east line of said Kinder Survey and the west line of Survey 16, Block D-6 to a point 200 feet southerly of said centefline; Thence Southeasterly continuing along said railroad right of way (parallel and 200 feet from the centerline of the main track of said railroad) to the northeast corner of Lot 45, Clear View Acres in the east line of Survey 16, Block D-6; Thence South 96 feet along the east line of Lot 45, Clear View Acres and the east line of Survey 16, Block D-6 to the southeast corner of said survey; Thence East approximately 14 feet to the northeast comer of Survey 15, Block D-6; Thence South 1,000 feet along the east line of Survey 15, Block D-6 to a point; Thence West along a line parallel and 1,000 feet south of the north line of Survey 15, D-6 and the Andrew Vince Homestead Survey to a point in the east line of Milwee Street for the original east corporate limits of the City of Plainview as described in the Charter of the City of Plainview adopted April 6th, 1920; Thence North 1,000 feet along said corporate limits and the east line of Milwee Street to the Point of Beginning. 286 Ordinance No. 95-3038 Annexation - East Hwy 70 ATYACHMENT "B' SERVICE PLAN ANNEXATION SERVICES TO BE PROVIDED: In accordance with the annexation statute, the following municipal services will be provided. POLICE PROTECTION On the effective date of annexation, the area will become part of the existing east patrol district and police protection will be provided to such area on a service 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. 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. 2) 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 will be provided immediately. Park facilities are available at the park located at the intersection of Drake and Winchel Streets and the Broadway Street Park located in the 200 Block of Date. The services provided will be comparable to that provided for other areas of the City with equivalent population densities, degrees and nature of development; 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 lof4 287 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 Streets, 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. SOLID 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 same basis as those residents currently living within the city limits. 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 There are approximately .40 miles of streets located in the area to be annexed. Approximately .21 miles of unpaved streets will be maintained by city street services effective with the date of annexation. The .19 miles of paved streets is presently maintained by the city. 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. There is an existing 10"-12" water main on the south side of Hwy 70. 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. There will also be a 200 thousand gallon water tower, a 1 million gallon reservoir and pump station located east on Hwy 70 that can also service this area. 2 of 4 2 8,8 3) There currently is no sanitary sewer mains in the vicinity which are adequate to serve the area proposed for annexation. 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 platting, and site plans will be provided by the current Planning and Public Works Division personnel. 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 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, although 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 Engineer 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 insure compliance with city codes and ordinances, will be provided immediately by current Building Inspection Division personnel. TRAFFIC SERVICES 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. The city will install one stop sign and one railroad crossing sign 3 of 4 289 costing approximately $500. 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 be implemented using existing 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. 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. 4 of 4