HomeMy WebLinkAbout98-3185Annexation~Westridge Addition ORDINANCE NO. 98-3185 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 WESTRIDGE ADDITION 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 22,187 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 June 23rd, and July 14th, 1998, after appropriate public notice was given in the Plainview Daily Herald on June 12th and July 3rd, 1998 and all interested parties were given an opportunity to be heard; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Plainview, Texas that: SECTION I The following described 3.774 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 the 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: Description Being all of Lot 154, Plat of Westridge Park Addition, Unit No. 6, Plainview, Hale County, Texas, according to the plat of aid Unit No. 6 recorded in Volume 888, p. 368, OPR of Hale County, Texas: COMMENCING at a nail found over a 5/8" rod found in the centerlines of Westridge Road and SW 3rd Street for the SW comer of Survey 28, Block JK-2, Hale County, Texas; Page I of 3 Thence S.89°57'E.658.46 feet along the south line of said survey 28 to a 5~8" rod at the SW comer of a tract dediCated for SW 3rd Street recorded in Volume 667, page 85, HCDR; Thence N.O°04'24"E.60 feet to a 1/2" rod found for theNW corner of said dedication and the SW corner of said Westridge Park Addition, Unit No. 6; Thence N.O°04'24"E.352.35 feet along the west line of said Unit No. 6 to a 1/2" rod found for the SW corner of said Lot154 and the POINT OF BEGINNING; Thence N.O°04'24"E.160 feet to a 1/2" rod found for a corner of said Lot 154; Thence N.45°04'24,'E. 28.28 feet along an alley cutback comer and NW line of said Lot 154 to a found 1/2" rod; Thence S.89°55'36"E. 280 feet along the south line of an alley previously dedicated by plat of Westridge Park, Unit No. 4, recorded in Volume 667, p. 91, HGDR to a 1/2" to rod found for the NE corner of said Lot 154; Thence S.O°04'24"W. 180 feet along the west right of way line of Navasota Drive (also dediCated by plat of said Unit No. 4) to a 1/2" rod found for the SE corner of said Lot 154; Thence N.89°55'36"W.300 feet along the south line of said Lot 154 to the POINT OF BEGINNING and containing 1.235 acres. SECTION II. The territory described in Section I, so annexed shall be a part of the City of Plainview, Hale County, Texas and property so added hereby shall bear it's 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. SECTION III. The Annexation Service Plan is hereby adopted as set forth in ATTACHMENT "A" attached hereto and incorpOrated herein; SECTION IV. The territory described in Section I 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 Section I so annexed shall become a part of Voting Precinct 4, pursuant to Plainview City Ordinance No. 92-2912, Section 3. Page 2 of 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 this 25th day of August, 1998. Karen McBeth, City Secretary John Castro, E~ir. Of Community Services APPROVED AS TO FORM: V~/~lly i-I~"h, C[ty'Attorney Page 3 of 3 SERVICE PLAN ATTACHMENT "A" TO ORDINANCE 98-3185 1. Having been petitioned to annex property contiguous to the City COMMENCING at a nail found a 5~8" rod found in the centerlines of Westridge Road and SW 3rd Street for the SW corner of Survey 28, Block JK-2, Hale County, Texas; Thence S. 89° 57' E. 658.46 feet along the south line of said Survey 28 to a 5~8" rod at the SW corner of a tract dedicated for SW 3rd Street recorded in Volume 667, page 85, HCDR; Thence N,0° 04'24,'E. 60 feet to a ¼"rod found for the NW corner of said dedication and the SW corner of said Westridge Park Addition, Unit No. 6; Thence N0° 04'24"E. 352.35 feet along the west line of said Unit No. 6 to a ~" rod found for the SW corner of said Lot 154 and the POINT OF BEGINNING; Thence N.0°04'24"E.160 feet to a ~" rod found for a corner of said Lot 154; Thence N.45°04'24"E. 28.28 feet along an alley cutback corner and the NW line of said Lot 154 to a found ~" rod; Thence S. 89°55'36"E. 280 feet along the south line of an alley previously dedicated by plat of Westridge Park, Unit No. 4, recorded in Volume 667, p. 91, HCDR to a ~" to rod found for the NE corner of said Lot 154; Thence S. 0°04'24',W. 180 feet along the west right of way line of Navasota Drive (also dedicated by plat of said Unit No. 4) to a ¼" rod found for the SE corner of said Lot 154; Thence N 89°55'36"W. 300 feet along the south lines of said Lot 154 to the POINT OF BEGINNING and containing 1.235 acres and before the publication of the notice of the first annexation hearing required under' §43 052, Texas Local Government Code, the City directed its planning department to prepare this service plan to Provide for the extension of full municipal services to the area to be annexed 2. In accordance with the annexation statue, the following municipal services will be provided in the area: Police Protection: On the effective date of annexation the area will become part of the existing west patrol district, and the 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 Primary response 'into the annexed area will be from the Quincy Street fire station located at 10th & Quincy Street The "central fire station" located at 215 East 6th Street will act as a backup to the Quincy Street 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. b. The fire department does not anticipate need for additional personnel or fire Page 1 of 5 Parks SERVICE PLAN stations to provide service to the area at this time. 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 for those persons living in the area'will be provided immediately. Services provided will be identical to those provided to perSons living in other areas of the City. Open park areas for picnicking will be available to all residents of the area on the same basis as residents presently residing within the City limits. The nearest park to the annexed area is the Running Water Draw Regional Park 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. Solid Waste Collection The annexed areas will be provided refuse collection services after the annexation is complete. The collection of solid waste from the individual properties and containers shall be made in accordance with usual sanitation departments scheduling and standard rates. Residential containers will be placed in the appropriate locations. 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. 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 upon request. Maintenance of Roads All streets and residential alleyways located in the area to be annexed will be maintained by City 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 Page 2 of 5 SERVICE pLAN development, traffic patterns, and other factors influencing street maintenance 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 of installation of curb and gutter, all affected property owners shall be notified by mail and given the opportunity to comment on the proposal. Water and Waste Water Facilities: The Extension of water and sanitary sewer will be provided in accordance current policy, established by the City Council. This policy basically provides for the extension of mains from 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 times as service connections are made to installed by others. Planning and Zoning Services' 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 site guidelines provided in the Plainview master plan will be utilized in evaluation of development proposals in the area. 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 zoning for specific tracts will be processed 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 use; 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. Upon completion of the annexation the City, at its expense, will initiate proceedings, to rezone the properties Single Family Residential. 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 Page 3 of 5 SERVICE PLAN 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 service, including the review of building plans, issuance of the permits in the inspection of all buildings, Plumbing, mechanical and electrical work to ensure compliance with city codes and ordinance.; will be provided immediately by current Building Inspection Division personnel. Traffic: 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 assume payment of existing street lights, which are in compliance with City policy. Environmental Health and Code Enforcement Enforcement of the City's Environmental Health Ordinance will be provided within the annexed area on the effective date of the annexation ordinance These health ordinances and other regulations will be enforced using existing environmental health personnel. 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 Animal Control services will be provided to those areas within the annexed area on the effective date of the annexation ordinance using existing personnel equipment. Vector 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. 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 Page 4 of 5 SERVICE PLAN 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. Page 5 of 5