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ORDINANCE NO.14-3610
AN ORDINANCE ANNEXING THE HEREINAFTER DESCRIBED
TERRITORY TO THE CITY OF PLAINVIEW, HALE COUNTY, TEXAS,
AND EXTENDING THE BOUNDARY LIMITS OF SAID CITY SO AS TO
INCLUDE SAID HEREINAFTER DESCRIBED PROPERTY WITHIN SAID
CITY LIMITS, AND GRANTING TO ALL THE INHABITANTS OF SAID
PROPERTY ALL THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS
AND BINDING SAID INHABITANTS BY ALL OF THE ACTS,
ORDINANCES, RESOLUTIONS, AND REGULATIONS OF SAID CITY;
ADOPTING A MUNICIPAL SERVICE PLAN; CUMULATIVENESS
CLAUSE; CONFLICTS CLAUSE; SEVERABILITY CLAUSE; AND
EFFECTIVE DATE.
WHEREAS, the City of Plainview Charter at Section 7.03 and the Texas Local
Government Code, Chapter 43, authorizes the annexation of territory adjacent to the
City of Plainview, Texas, an incorporated home rule city; and
WHEREAS, State Street Housing, L.P., through Kelly Garrett, petitioned the City
of Plainview, Hale County, Texas to annex a 5.79 acre tract of land located out of the
west half of Section 27, Block JK -2, Hale County, Texas, which is adjacent to its
incorporated city limits; and
WHEREAS, State Street Housing, L.P. is a Texas Department of Housing and
Community Affairs Multifamily HOME and Housing Tax Credit Program planning to
construct an eighty (80) unit apartment complex, which will be named Stonebridge of
Plainview on said property; and
WHEREAS, as a new multifamily housing complex operating adjacent to the city
limits, such housing development needs municipal water and sewer service, since such
service is required as a part of their Program; and
WHEREAS, the City Council adopts the Municipal Service Plan prepared by the
City that inventoried the types of services currently provided for Plainview citizens,
existing services for the proposed annexed property, and the municipal services to be
provided in the annexed area in the same manner as those within the corporate city
limits; and
WHEREAS, such Plan grants to all inhabitants of said property all the rights and
privileges of other citizens and binds all inhabitants of such annexed property to all of
the Acts, Ordinances, Resolutions, and Regulations of the City of Plainview, Texas; and
WHEREAS, the procedures prescribed by the City of Plainview Charter and the
Texas Local Government Code at Chapter 43 have been duly followed with respect to
the following described territory, to wit:
Ord. No. 14-3510 Annexation -16'h Street Page 1 of 15
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5.79 acre tract of land located out of the west half of Section 27,
Block JK -2, Hale County, Texas, which is adjacent to the City's
incorporated city limits which is located at 4100 16'h Street,
Plainview, Texas;
WHEREAS, the City Council finds it in the best interest of the City of Plainview
citizens to annex such above-described property for the public purpose of promoting
economic development in the community.
NOW, THEREFORE, the City of Plainview Hereby Ordains that:
SECTION I
The heretofore described property is hereby annexed to the City of Plainview,
Hale County, Texas, and the boundary limits of the City of Plainview be and the same
are hereby extended to include the above described territory within the city limits of the
City of Plainview, and the same shall hereafter be included within the territorial limits of
the City of Plainview.
SECTION 11
The inhabitants of such territory shall hereafter be entitled to all the rights and
privileges of other citizens of the City of Plainview, and they shall be bound by the Acts,
Ordinances, Resolutions, and Regulations of said City.
SECTION III
The City Council further adopts the Municipal Service Plan, incorporated and
attached as Exhibit "A," prepared by the City to deliver municipal services in the
annexed area in the same manner as provided to those within the corporate city limits.
SECTION IV
The City Secretary is hereby directed to file with the County Clerk of Hale
County, Texas, a certified copy of this Ordinance.
SECTION V
All ordinances or parts of ordinances inconsistent with any provision of this
Ordinance are hereby repealed to the extent of such conflict, and the provisions of this
Ordinance shall be and remain controlling as to the matters regulated herein.
SECTION VI
Severability is intended throughout and within this Ordinance. If any provision,
including any section, paragraph, sentence, clause, phrase or word or the application
Ord. No. 14-3610 Annexation -16th Street Page 2 of 15
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thereof to any person or circumstance is held invalid, unconstitutional, or unenforceable
by a court of law or administrative agency with the jurisdiction over the matter, such
action shall not be construed to affect any other valid portion of the Ordinance. A
constitutional construction hereof is intended and shall be given. There is not intent
herein to violate either of the Texas Constitution or the Constitution of the United States.
SECTION VII
Provisions of the 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 first reading this 241' day of June, 2014.
Passed and Approved on second reading this 8th day of July, 2014.
1 1�4 � //— �')' - z 0
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Wenel rDun ap, Mayor
ATTEST:
&'4-1= /� "/-� —
Belinda Hinojosa, City S r tary
TO CONTENT:
APPROVED AS TO FORM:
L ii; Spear, -CO -Wo rn ey
Ord. No. 14-363.0 Annexation -16`" Street Page 3 of 15
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EXHIBIT "A" 0
MUNICIPAL SERVICE PLAN
1. State Street Housing Development, L.P. petitioned to annex such
Housing property, which is contiguous to the City located at approximately
northeast of Mesa Drive and 16`h Street in Hale County, Texas, described as
follows:
On a 5.79 acre (252,034 sq. ft.) tract of land out of the West Half of Section
27, Block JK -2, Hale County, Texas, and being out of the remaining portion
of that property described as Tract 1, 232.855 Acres in that deed to
Interstate Development, Inc., recorded at in the Deed Records in Hale
County, Texas.
Before publication notice of the first annexation hearing mandated under
Texas Government Code Ann., Section 43.0561, the City of Plainview, Texas is
required to prepare a Municipal Service Plan to inventory the types of services
currently provided for Plainview citizens, existing services for the proposed
annexed property, and how the City will provide the annexed property the
same services as those property owners within the corporate city limits.
2. In compliance with Texas Government Code Ann., Section 43.056, the
following municipal services will be provided in the annexed area, provided the
City Council annexes such property into the corporate city limits of Plainview,
Texas:
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FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES:
Existing Services: Currently, Plainview Fire Department
provides fire protection and EMS services to this property as
part of the City's extraterritorial jurisdiction, since they fall
within one mile of the corporate city limits of Plainview, Texas.
Services to be Provided:
a. Fire suppression will continue to be available to this property upon
annexation. Primary fire response will be provided by Fire Station No. 3,
located at 3405 S.W. 3rd Street. A secondary fire response team will be
from Fire Station No. 1, located at 215 E. 6th Street.
b. Emergency ambulance services will also be provided in the newly
annexed area by the fire department as provided in other areas of the
corporate city limits, including pre -hospital medical services such as triage,
treatment, and transport. The EMS services will respond from Station No. 2
located at 911 Quincy.
C. Regular fire prevention inspections and building construction plan
reviews will be provided to the area immediately upon annexation in
accordance with City policy.
d. Hazardous materials response and mitigation will be provided in
accordance to the laws and regulations regarding such issues.
e. Technical rescue response will be provided as in other areas of the
corporate city limits.
f. Fire prevention activities will be provided by the Fire Marshall's office
as needed.
Funds Available for Services: Fire Services to this property when annexed
will not require an additional appropriation of funds and can be delivered
with the current staff.
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POLICE SERVICES:
Existing Services: Currently, Hale County Sheriff's Department has the
jurisdiction to provide police protection services in the area proposed for
annexation. The Plainview Police Department does respond in instances
where the Sheriff's Department needs additional assistance, which has
been very few times to this location in the past.
Services to be Provided: Upon annexation, the City of Plainview Police
Department will extend regular and routine patrols to the area. The
proposed annexation area will become a part of the West "beat" or
western grid of our Patrol Division with an officer assigned to patrol such
annexed area. The police protection provided to such area will be on a
service level comparable to that provided in 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. Such services will include patrol, investigations, traffic enforcement,
and any other services provided by the Plainview Police Department to
areas currently served within the incorporated City limits.
Funds Available for Services: Police Services to this property when annexed
will be effectively accommodated within the current budget and staff
appropriation.
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BUILDING INSPECTION SERVICES:
Existing Services: Currently, the Building Inspection Department does not
provide Code Enforcement Services to this area although it is within the
City's extraterritorial jurisdiction.
Services to be Provided: The Building Inspection Department will provide
Code Enforcement Services upon annexation. Code Enforcement Services
includes issuing building, electrical, plumbing, and mechanical permits for
any new construction, additions, and remodeling regulated by the City of
Plainview's building construction codes. Also, these services comprise the
enforcement of all other applicable codes, including nuisances for weeds,
debris, and other types of code enforcement, as regulated by the City of
Plainview's Code of Ordinances.
Funds Available for Services: The funds appropriated in the October 1,
2013 — September 30, 2014 budget for Building Inspection Services will
allow for the delivery of services when annexed with the current staff.
PLANNING AND ZONING SERVICES:
Existing Services: Currently, Planning and Zoning Services are not provided
to this area although it is within the City's extraterritorial jurisdiction.
Services to be Provided:
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a. The Planning and Zoning Department's responsibility for regulating
development and land use through the administration of the City of
Plainview's Zoning Ordinances will extend to this area on the effective date
of the annexation. The designated zoning for this annexed piece of
property will be Multi -Family Residential (MF -2) District.
b. This property will also be regulated by the City of Plainview's
Subdivision Ordinance, including the requirements for site plans, platting,
and subdivision development.
C. All subdivision and land use regulations will comply with the City of
Plainview's Comprehensive Plan.
Funds Available for Services: The current funds appropriated in the budget
for Planning and Zoning Services is sufficient to deliver such services with
the existing staff as included in the October 1, 2013 -- September 30, 2014
budget.
LIBRARY:
Existing Services: City of Plainview Unger Memorial Library
Services to be Provided: The Library Services provided by the City of
Plainview Unger Memorial library will be identical to the existing services
upon the annexation of this area.
Funds Available for Services: The current budget funds appropriated and
staff positions allocated for Library Services is sufficient to service the
annexed property.
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ENVIRONMENTAL HEALTH DEPARTMENT SERVICES:
Existing Services: All Environmental Health Services in Hale County are
provided by the Plainview/Hale County Health Department.
Services to be Provided:
a. Environmental Health Services will continue as currently provided by
the Plainview/Hale County Health Department upon annexation of such
property.
b. Health ordinances and other regulations will be enforced using the
current environmental health personnel. Complaints of ordinance or other
code violations will be investigated, and if necessary, remedied to bring
such area of annexation into compliance with such ordinance or other code
violations.
C. Animal Control services will be provided to such annexed area upon
the effective date of the Annexation Ordinance using existing equipment
and personnel.
d. Vector Control services will be immediately provided to such
annexed area on the effective date of the Annexation Ordinance using
existing equipment and personnel.
Funds Available for Services: Environmental Health Department Services
can be provided with current Health Department Personnel and within the
current funding appropriations in the budget.
PARKS SERVICES:
Existing Services: Currently, such area has access to open park areas within
the City of Plainview, Texas.
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Services to be Provided: Park services for those persons in the proposed F�i
annexed area will be provided identical to those currently given to those
persons residing within the Plainview city limits. Such services will be
provided immediately upon annexation of the area. The nearest park to
such area is M.B. Hood in the vicinity of 16th and Ennis.
Funds Available for Services: No further park development is planned for
the newly annexed area, and current personnel and funding appropriations
in the budget are currently sufficient.
STREETS:
Existing Services: Streets are currently maintained by Hale County, Texas.
Services to be Provided: Street facilities will be maintained within this
proposed annexed area by the City upon the effective date of annexation.
Maintenance shall be on a level comparable to that provided for other
areas of the City with similar roads, topography, land use, population
densities, degrees and nature of development, traffic patterns, and other
factors influencing street maintenance in accordance with City policy.
Funds Available for Services: Street maintenance for this area can be
provided with the current staff and funding appropriations in the budget.
Ord. No. 14-3610 Annexation -16'h Street Page 10 of 15
STREET LIGHTING:
Existing Services: Street lighting currently is in the jurisdiction of Hale
County, Texas to provide.
Services to be Provided: The City of Plainview will coordinate any request
for improved street lighting with the local electric provider in accordance
with City policy.
Funds Available for Services: Current personnel and funding appropriations
in the budget will be sufficient for these Services.
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Existing Services: Traffic controls of any kind are currently under the
jurisdiction of Hale County, Texas.
Services to be Provided: The Traffic Division will install any traffic signs,
including street name, warning and regulatory signs, within this proposed
annexed area upon the annexation's effective date, if deemed necessary
for public safety. Traffic controls shall be on a level comparable to that
provided for other areas of the City with similar roads, topography, land
use, population densities, degrees and nature of development, traffic
patterns, and other factors influencing the flow of traffic in the area. Traffic
counts and other studies will be conducted as warranted in accordance
with the City's current policy.
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Funds Available for Services: No additional staff or budget appropriations
are necessary to provide these Services.
ENGINEERING SERVICES:
Existing Services: Currently, Hale County is responsible for any Engineering
Services required.
Services to be Provided: Engineering services, including development plan
reviews, permit issuance, land use compliance with City ordinances, and
the inspection of water, sanitary sewer main, and storm sewer installation
as well as public street and alley paving, will be provided immediately upon
the effective date of annexation when deemed necessary. The
development of such area must be done in compliance with City
ordinances.
Funds Available for Services: Current personnel and budget appropriations
are sufficient to provide these Services.
STORM WATER MANAGEMENT SERVICES:
Existing Services: Currently, Hale County is responsible for any Storm
Water Management Services.
Ord. No. 14-3610
Annexation -16`h Street
Page 12 of 15
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Services to be Provided: Any storm water drainage issues will be provided
at the company's own expense and will be inspected by City Engineers at
the time of compliance. The City then will maintain the drainage upon
approval just as provided within other areas currently within Plainview City
limits.
Funds Available for Services: Neither additional personnel nor budget
appropriations are necessary to provide these Services.
WATER SERVICES:
Existing Services: The City of Plainview currently provides this property
with water for fire service but not domestic water service.
Services to be Provided: The extension of water services to this property
will be in accordance with applicable codes, ordinances, and departmental
policies. When other property develops in the adjacent area, water service
shall also be provided in accordance with extension ordinances. Extension
of any water services shall comply with City codes and ordinances.
Funds Available for Services: Current personnel and budget appropriations
are sufficient to provide these Services.
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SANITARY SEWER SERVICES: 0
Existing Services: Currently, the City of Plainview does not provide sewer
services to this location.
Services to be Provided: Extension of sanitary sewer service to this area
proposed for annexation will be provided only upon compliance with City
codes, ordinances, and departmental policies. When property develops in
the adjacent areas, sanitary sewer service shall be provided in accordance
with extension ordinances. Extension of any sanitary sewer services shall
comply with City codes and ordinances.
Funds Available for Services: Neither additional personnel nor budget
appropriations are necessary to provide these Services. 0
SOLID WASTE COLLECTION SERVICES:
Existing Services: The City of Plainview does not currently provide solid
waste collection services to this location.
Services to be Provided:
a. Solid Waste Collection Services shall be provided to the area of
annexation in accordance with the present City codes, ordinances, and
departmental policies. Services shall comply with existing City policies,
beginning with structure occupancy.
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b. The use of the City's sanitary landfill will be provided to all residents
of the proposed annexed area on the same basis as those residents
currently living with the City limits.
C. Commercial refuse collection services will be provided upon request
to any business customer within the City of Plainview.
Funds Available for Services: No additional staff or budget appropriations
are necessary to provide these Services.
MISCELLANEOUS: All other applicable municipal services currently provided
within the corporate boundaries of the City of Plainview will be provided to
the proposed annexation area in accordance with the City of Plainview's
established policies governing extension of municipal services to areas
requesting such services.
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