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HomeMy WebLinkAbout92-2921173 Annexation - Westridge ORDINANCE NO. 92-2921 AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF PLAINVIEW, TEXAS, AND THE ANNEXATION OF A LAND LOCATED IN THE WESTRIDGE ADDITION OF 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 22187 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, a public hearing regarding the proposed annexation of the hereinafter described territory was held on April 28, 1992, after appropriate public notice was given in the Plainview Daily Herald on April 17, 1992, and ali interested parties were given an opportunity to be heard; and WHEREAS, a public hearing regarding the proposed annexation of the hereinafter described territory was heid on May 7, 1992, after appropriate public notice was given in the Plainview Daily Herald on April 17, 1992, and all interested parties were given an opportunity to be heard; NOW, THEREFORE, BE IT ORDAINED by the the City Council of the City of Plainview, Texas that: SECTION I. That the following described territory, 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 EXHIBIT "A", ATTACHED HERETO AND MADE A PART HEREOF SECTION II. The above-described territory so annexed shall be a part of the City of Plainview, Hale County, Te~ag and property so added hereby shall bear its pro rata share of the taxes levied by the City of Plainview, Hale County, Te~m.~, 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. (1 of 3) 174 SECTION III. That the Annexation Service Plan is herein below described: SEE ANNEXATION SERVICE PLAN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. SECTION IV. The above-described territory so annexed shall be temporarily classified under the Zoning Ordinance of the City of Plainview, Texas, as the Single Family-1 Zoning District. SI~.CTION V. That the above described property so annexed shall become a part of Voting Precinct 4, pursuant to Ordinance No. 92-2912, Section 3. SECTION VI. That a second and final reading of the annexation proposed herein shall be held not less than 30 days following publication of notice of said proposed annexation in the Council Chambers of City Hall, located at 901 Broadway, Plainview, Texas, notice of which reading shall be published by the City Secretary in the Plainview Daily Herald. SECTION VII. /-~-~ 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 sba1] not affect the validity of the remaining portions hereof. SECTION VIII. 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 IX. This ordinance shall be of full force and effect upon its passage and publication as required by law. PASSED AND APPROVED this 9th day of June, 1992. E.V. Ridlehuber, Mayor (2 of 3) EXHIBIT "A" Being a 33.7 acre tract out of the west part of Survey No. 28, and the east part of Survey No. 21, Block JK-2, Hale County, Texas, said tract being comprised of the renm!ning unplatted portion of the Joe King Property, a portion of Westridge Road out of both said surveys, and all of Westridge Addition, Plainview, Texas: Beginning at the most westerly SW corner of both Westridge Park No. 3 (recorded in Volume 610, Page 687 of the Hale County Deed Records), and Annexation Tract No. 77-2046, said corner being 1811.8 feet Northerly of the SW corner of Survey 28, Block JK-2, Hale County, Texas; Thence N.0°06'E., 570 feet along the west line of Westridge Park No. 3 and said Annexation Tract No, 77-2046 to the most westerly NW corner of said Westri.dge Park No. 3; Thence S.89°54'E. 187.5 feet along the North Line of both Navasota Drive and said Annexation Tract No. 77-2046 to a point; Thence N.0o09'E. 240.03 feet along the west side of both an alley and Annexation Tract No. 77-2046 to the southeast corner of both Westridge Unit No. 9 and Annexation Tract No. 88-9.755; Thence West 150 to theSW corner of Westridge Addition Unit No. 9 and An,{exation Tract No. 88-2755; Thence North 95 feet to a 3/8 inch steel rod at the northwest corner of said Unit No. 9 and Annexation Tract 88-2755; Thence. Southeasterly 151.58 feet along the north line of Westridge Addition Unit No. 9 and Annexation Tract No. 88-2755, around a curve to the right having a radius of 600 feet, a central angle of 14°28.5' and a chord bearing S.82°45.75'E. 151.20 feet to a 3/8 inch steel .rod at the northeast corner of both said Unit No. 9 and Annexation Tract'No. 88-2755as well as a northwest corner of Annexation Tract No. 77-2046; Thence Southeastward, 20.75 feet along the south line of Mesa Drive and the north line of Annexation Tract No. 77-2046, al~und a curve to the right, having a radius of 600.00 feet, a cent~21 angle of 1°58'54'' and a chord bearing S.74°24'40"E., 20.75 feet to a point; Thence N.0°09'E.,188.40 feet along the east side of an alley and the west llne of Annexation Tract No. 77-2046 to a point; Thence N.55°09'E., 17.21 feet along an alley cutback corner and a north line of Annexation Tract No. 77-2046 to a point; Thence S.69°50'12"E., 721.50 feet along the south side of alley in Westridge Addition and a north line of Annexation Tract No. 77-2046 to a point; Thence S.59°50'12"E., 297.90 feet along the south side of alley of Westridge to a northeast corner of Annexation Tract No. 77-2046 and a northwest corner of Annexation Tract No. 73-1306; Thence S. 59°52.2'E., 80.88 feet along the south line of an alley of Westridge and the north line of Annexation Tract No. 73-1306 to a point; EXHIBIT "B" Westridge Annexation Service Plan - March 24, 1992 CITY OF PLAINVIEW ANNEXATION SERVICE PLAN TRACT 1- 131 SQUARE MIIJ~$ INTRODUC~ON Pt~uant to Tex. Loc. Oov'L Code Ann. § 43.056 (1988), the City of Plninview has prepared this contains 22.5 acres, present ~cxisting City limits, and is surrounded by the current City Hmits on ~ sides. ~e area proposed to be oouexed is more fully described by the attached field notes labeled Exhibit "B.u As indicatexl,.the 'area proposed to be annexed contains 22.5 acres and conoJns approximately forty-two (42) lots, the majority of which 'have single family homes on them. Based on household by the 1980 census, the approximately twe ty-eight c6ntain approximately 92 inhabitant. Based on the and inhabitants, the densit~ for the entire area xs calculated to be Using the most recent assessed values, the land and improvements Within the area proposed for annexation is valued at approximately $4,239,220. Planning acity's growth is no easy task as social, political, economic and physical issues must be considered. Care must be taken that the path of least resistance, which may solve an immediate problem, does not result in a long term future problem. For ex~_ mple, in times of ' flaat maintenance of e~sfing ~cture does new development or, at least, that lack of maintenance for existing infrasmmtureis not an unforeseen consequence of adecision to support growth~ 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 it the development process. Thexefore, fiscally beneficial in the long term, but not in the short term. Without land use controls, development may occur which is hap~ .unsightly _av~'below. ~ standards: Such developments can effect a city long into the titans. Not only will ~t negauve y 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 PROTECI~ON 1) On the effective date of annexation, the area will become part of the existing west 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 EXHIBIT ~A~ Being a 33.7 acre tract out of the west part of Survey No. 28, and the east part of Survey No. 21, Block JK-2, Hale County, Texas, said tract being comprised of the remaining unplatted portion of the Joe King Property, a portion of Westridge Road out of both said surveys, and all of Westridge Addition, Plainview, Texas: Beginning at the most westerly SW corner of both Westridge Park No. 3 (recorded in Volume 610, Page 687 of the Hale County Deed Records), and Annexation Tract No. 77~2046, said corner being 1811.8 feet Northerly of the SW corner of Survey 28, Block JK-2, Hale County, Texas; Thence N.0°06'E., 570 feet along the west line of Westridge Park No. 3 and said Annexation Tract No. 77-2046 to the most westerly NW Corner of said Westridge Park No. 3; Thence S.89°54'E. 187.5 feet along the North Line of both Navasota Drive and said Annexation Tract No. 77-2046 to a point; Thence N. 0°09'E. 240.03 feet along the west side of both an alley and Annexation Tract No. 77-2046 to the southeast corner of both Westridge Unit No. 9 arid Annexation Tract No. 88-2755; Thence West 150 to the SW corner of Westridge Addition Unit No. 9 and Anriexation Tract No. 88-2755; Thence North 95 feet to a 3/8 inch steel rod at the northwest corner of said Unit No. 9 and Annexation Tract 88-2755; Thence Southeasterly 151.58 feet along the north line of Westridge Addition Unit No. 9 and Annexation Tract No. 88-2755, around a curve to the right having a radius of 600 feet, a central angle of 14028.5' and a chord bearing S.82°45.75'E. 151.20 feet to a 3/8 inch steel rod at the northeast corner of both said Unit No. 9 and Annexation Tract No. 88-2755 as well as a northwest corner of Annexation Tract No. 77-2046; Thence Southeastward, 20.75 feet along the south line of Mesa Drive and the north line of Annexation Tract No. 77-2046, around a curve to the right, having a radius of 600.00 feet, a central angle of l°58'54'' and a chord bearing S.74°24'40"E., 20.75 feet to a point; Thence N.0°09'E. ,188.40 feet along the east side of an alley and the west line of Annexation Tract No. 77-2046 to a point; Thence N.55°09'E., 17.21 feet along an alley cutback corner and a north line of Annexation Tract No. 77-2046 to a point; Thence S. 69°50'12"E/, 721.50 feet along the south side of alley in Westridge Addition and a north line of Annexati.on Tract No. 77-2046 to a point; Thence S.59°50'12"E., 297.90 feet along the south side of alley of Westridge to a northeast corner of Annexation Tract No. 77-2046 and a northwest corner of Annexation Tract No. 73-1306; Thence S.59°52.2'E., 80.88 feet along the south line of an alley of Westridge and the north line of Annexation Tract No. 73-1306 to a point; Thence N.55°07.8'E., 373.20 feet along the southeast line of an alley of Westridge and a northwest line of Annexation Tract No. 73-1306 to a point; of Westridge Thence S.4°46 of Thence N.72°08.4'E. southeast line of Lot 7, northeast, along the west line of an alley Fract No. 73'1306 toa point; No. 73-1306 and the inch steel rod, the in all in ; of Kirchwood Drive and the south around a curve to ~the left with a radius of 660 feet, a central angle of 42°0t-' and whose chord bears N.38°51.7'W., 473.2 feet to a point of tangencyin the n0rth line of said Westridge; Thence N,59°52.2'W-, 350 feet Continuing along the north line of said Kirchwood Drive and the south line of Annexation Tract No. 75-1737 to the begi~nlng of a curve; Thence Northwesterly 172.8 feet continuing along the north line of Kirchwood Drive and the south line of Annexation curve to the left with a radius of .660 feet, ~ chord bears N. 67022.2'W., 172.3 feet to a point of reverse curve in the north line of said Westridge; of Kirchwood Drive and the south line of Annexation Tract No. 75- the-right with a radius of 1,000 feet, a central angle of 35000' and whose chord bears N. 57o22,2'W., 601.4 feet to a point inof reverse curve; a radius of 660 feet, a central angle of 50°00' and whose chord bears N.64°22.2'W-, 557.9 feet to a point in the east line of Westridge Road; Thence S .89°57'W., 75 feet along the north line of Westridge Addition and the south and the southwest corner of Annexation Tract No.75-1737; Thence Southerly 1163.8 feet along a line parallel and 75 feet west of Lots 1 through 8, inclusive of Block 1, Westridge Addition to the southwest corner of said Westridge Addition; Thence S.0°06'W., 905.03 feet along a line parallel and 97.5 feet west of the west lines of Lots 92, 93, and 94 of said Westridge Park No. 3 to a point; Thence S. 89°54'E., 37.5 feet to the Point of Beginning. EXHIBIT "B" WCStridge Annexation Service Plan -- March 24, 1992 CITY OF PLAINVIEW ANNEXATION SERVICE PLAN TRACT 1- 1.31 SQUARE MIl.ES INTRODUCTION Pursuant to Tex. Loc. GOv't. Code Ann. § 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 thc City. This tract of land, a map of which is attached and labeled Exhibit "A," contains 22.5 acres, and is located to the East of the present existing City limits, and is surrounded by the current City limits on three sides. The area proposed to be annexed is more fully described by thc attached field notes labeled Exhibit ,B." As indicated, .the area proposed to be annexed contains 22.5 acres and contains approximately forty-two (42) lots, the majority of which have single family homes on them. Based on household population figures established by the 1980 census, the approximately twenty-eight single family residences are estimated to contain approximately 92 inhabitants. Based on the number of houses and inhabitants, the density for the entire area is calculated to be approximately 23 people per square mile, or 236 p?ple per acre. 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 $4~39,220. Planning a city's growth is no easy task as social, political, economic and physical issues must be considered. Care must be taken that the path of least resistance, which may solve an immediate problem, does not result in a long term future problem. For example, in times of rapid growth, deCision makers must be careful that maintenance of existing infrastructure does not suffer at the expense of a new development or, at leash that lack of maintenance for existing infrastmetttre is not an unforeseen consequence of a decision to support growth. 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 ~at 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 ~s usually fiscally beneficial in the long term, but not in the short term. Without land use controls, development may occur which is haphazard, ~ghfly and belOw city 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 west 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 1 of 5 Westridge Annexation Service Plan -- March 24, 1992 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 fmOr service in each district at approximately equal levels, will be performed at two to five year tervals, depending on the amotint and patt~rn~ of development throughout the city. 4) service, will be answered by the District Officer wi~ responsibility for the at'ca, 1 category of ann~x~ 5) occurring on or the effective date to evaluated individually. FIRE SERVICE the: annexed area :Fire Station located at annexed area units of the Fire Department with the rest of the City. 2) need for additional personnel or fire stations to 3) to the area policy. PARK SERVICES 1] 2) area IS prOvided provided immediately. other areas of the city. of the annexed area on the park to the annexed Library services identical to those provided to persons already livingin the city will be.provided those persons living in the annexation area in4_mediately up°n the effective date of annexation. Inforrhation and p~ogramming services offered by the lJ. nger_ Me. moria..1 Library,,, loc~eaca~ Austin and West 9th St., will be available to anY persOn desiring to avatt themselves ox su 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 2 of 5 Westridge Annexation Service Plan -- March 24,1992 standard rates. Residential containers will be placed in the approximate locations, as noted in Exhibit "C". 2) The use of the city's sanitary landfill will be provided to ali 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 thc same price as presently provided for any business customer within the City of Plainview. MAINTENANCE OF ROADS AND STREETS 1) The approximately one (1) mile of paved streets and eight-tenths (8/10) of a mite of residential alleyways located in the area to be annexed will be maintained by city street personnel effective with the date of annexation. Maintenance shall be on a level comparable to that provided for other areas of the city with similar roads, equivalent population densities, degrees and nature of development, traffic patterns, and other factors influencing street maintenance. 2) Curb and gutter will not be required by the City, unless installation of such is needed to correct unforeseen problems. Before the City may initiate consideration installation of curb and gutter, all effected property owners shall be notified by mail, and given the opportunity to comment on the proposal. WATER AND WASTE WATER_FACILITIES 1) The Westridge Water Company, per a previously executed agreement (see Exhibit "D"), shall convey, to the City, the water delivery system, including water lines and fire hydrants currently in use supplying water to all lots in Westridge Addition, and the City shall operate such in accordance with its policies. Water meters shall also be conveyed to the City, and within sixty (60) days after the annexation, all users of water, shall place with the City a forty dollars ($40.00) deposit. Westridge Water Company will install, at its expense, a water meter at the swimmihg p~x)l, before receiving water frown the City. 2) The City shall install, at its expense, sanitary sewer to serve the Westridge Addition. The installation by the City will include one sewer riser. If the property owner demonstrates, that it is not practical to service the lot with one sewer riser, the City will, at the time of construction install a second riser, at no cost to the property owner. ~When tying onto the sewer, the requesting party will be responsible for inspection fees. The property owner may tie onto the City sewer at their convenience, as long as Code violations, nor violations of State law, do not exast. The sewer, with exceptions for unanticipated delays, will be installed within three hundred (300) days, upon completion of the 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 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 annex, 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 "AO" - Agricultural Open Space District without regard to its present use or potential use, as a "Transitional Zone." Changes in 3 of 5 Westridge Annexation Service Plan-- March 24, 1992 zoning for specific tracts will be processed in accordance with state law, including public headn~s beftre the Planning and 7_Jning CommisSion and the City Council prior to final action. Existing uses of property at the time of annexation will be allowed to continue as r be "A" - Agricultural. ty's Board of use. proceedings, to ENGINEERING SERVICES including the review of development plans, the issuance of permits as h~se, and the inspection of the ~nstallatiOn of water ,arid ,sanitary ~ publid Streets and alleys, will be prOvided immediately BUILDING INSPECWION SERVICES InsPection services, including the review of building plans, the issuance of permits in the insl~ection of all buildings, plui~bing, mech .anical, .and e .l.ectrical wor__k t.,o ~ns~e com. plian~c.e.wi.'~th city codes and ordinances, will be provided immediately by current ~mtamg mspecuon u~ms~on personnel. TRAFFIC SERVICES 1) Installation of traffic tory signs, will be y to established and other ~' ~ the tin the corporate limits following annexation. 2) The City will assume payment of exiSting street lights, which are in compliance with City policy. other regulations will be enforced using existing environmental health personnel. 2) Complaints of ordinance violations or other code violations within the area will be answered and investigated by existing personnel on the effective date of the annexation ordinance. 3) Animal Control services will be provided to those areas within the annexed area on the effective date of the annexation ordinance using existing personnel and equipment. 4) Vector Control services will be provided to those.areas within the annexed area on the effective date of the anne~tion ordinance using existing personnel and equipment. CAPITAL IMPROVEMENTS 4 of 5 Westridge Annexation Service Plan -- March 24, 1992 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. 5 of 5 Westridge Annexation Service Plan ~- March 24, 1992 standard rotes. Residential containers will be placed in the approximate locations, as noted in Exhibit *'C". 2) The use of the city's sanitary landfill will be provided to al]residents of the newly annexed area on the same basis aS those residents currently living within the city limits. 3) Commercial rcfusc collection services will be provided m any business located in the annexed area at the same price as preseatly provided for any business customer within thc City of PlainView, ~NAI~CE OF ROADS AND STREBWS 1) The approximately one (I) mile of paved streets and e,~ght-tenths (8/10) .of a mile of residential alleyways lOeate~._in the ar6a to be annexed will be maintained by city street · personnel effective with the date'of annexation. Maintenance shall be on a level comparable to that provided for other areas of the city with similar roads, equivalent population densities, degrees and nature of development, traffic patterns, and other factors influencing street maintenance. 2) Curb and gutter will not be required by the City, unless installation of such is needed to correct unforeseen problems. Before thc City may initiate consideration installation of curb and gutter, all effected property owners shall be notified by mail, and given the opportunity to comment on the proposal. WATER AND WASTE WATER FACILITIES 1) pa' a previously executed agreement (see Exhibit "D"), shall convey, to the water delivery .system, including water lines and fire hydrants currently in usc supplying water to all lots in Wcstridgc Addition, and thc City shall operate such in accordance with its policies. Water meters shall also be conveyed to the City, and within sixty (60) days after the.annexation, all users of water, shall place with the City a forty dollars ($40.00) deposit. Westridge Water Company will install, at its expense, a water meter at the swimming pool, before receiving water from the City. 2) The City shall install, at its expense, sanitary, sewer to.serve the Wcstridge Addition. Thc installation by the City will include one sewer riser. If the property owner demonstrates, that it is not practical to service thc lot with one sewer riser, thc City will, at thc time of construction install a second riser, at no cost to thc property owner. When tying onto thc sewer, thc rcclnesting party will bc responsible for inspection fees. Thc property owner may tic onto thc City sewer at their convcrdcncc, as long as code violations, nor violations of State law, do not exist. The sewer, with exceptions for tmanficipated delays, will be installed within three hundred (300) days, upon.completion of the annexatiom PLANNINGANDZONINGSERVICF~ 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 P!anning and Public Works'Division personnel. Until a specific land use plan is prepared for the annex, 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 "AO" - Agricultural Open Space District without regard to its present use or potential use, as a "Transitional Zone." Changes in Westridge Annexation Service Plan - March 24, 1992 As provided by thc annexation statute, no money received for the sale of bonds or evidenced by othgr instruments of indebtedness may be alloeated to the annexed area fora period of 180 days after annexation. No plans cunenfly exist for any capital improvements to be made in the annexed arem MISCELLANEOUS 5 of 5 EXHIBIT EXHIBIT 3 175 ATTEST: Karen McBeth, Ci y tary APPROVED AS TO CONTENT: APPROVED AS TO~ORM: / / (3 of 3)