Loading...
HomeMy WebLinkAbout04-3429 ord247 Annexation - North of the Wal-mart Supercenter and west of Interstate 27 ORDINANCE NO. 04-3429 AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF PLAINVlEW, HALE COUNTY, TEXAS, AND THE ANNEXATION OF CERTAIN TRACTS OF LAND ADJACENT TO AND NORTH OF THE WAL-MART SUPERCENTER AND WEST OF INTERSTATE 27, HALE COUNTY, TEXAS; SEVERABILITY CLAUSE; CUMULATIVENESS CLAUSE; AND EFFECTIVE DATE. WHEREAS, the population of the City of Plainview, Hale County, Texas according to the 2000 U.S. Census is 22,336 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 August 24, 2004, and September 14, 2004, 2004, after appropriate notice was given on the City of Plainview website and in the Plainview Daily Herald on August 8, 2004 and September 1,2004 and all interested parties were given an opportunity to be heard; NOW, THEREFORE THE CITY OF PLAINVIEW HEREBY ORDAINS that: SECTION I The following described 1.52 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 a 1.52 acre tract out of the West part of Mesa Verde Addition, Unit No. 7, Plainview, Texas, said tract also being a part of a 213.225 acre tract out of the WI2 of Section 27, Block JK-2, Hale County, Texas described in Volume 1002, P. 4612-4616 of the Official Public Records (OPR) of Hale County, Texas: BEGINNING at the northeast corner of a 15.512 acre tract annexed October 28, 1980 by Ordinance No. 80-2422, said point being in the north right-of-way line of 16th Street and 500 feet Westerly of the West right of way line of U,S. Interstate Highway No. 27; Ordinance No. 04-3429 Annexation Ordinance page I of 3 2:4:8 THENCE N.89°06'30"W 3.68 feet along the North right of way line of 16th Street and said annexation tract to a %" rod set for the SW corner Mesa Verde, Unit No. 7; THENCE along west and north lines of said Unit No. 7 as follows: N.0°06'30"E. 549.81 'feet to a set %" rod; S.89°06'30"E. 184.21 feet to a set %" rod; N.0°00'30"E 19.2 feet to a set %" rod; S.89°59'30"E 37.5 feet to a point in the east line of said 213.225 acre tract, the East line of the West Half of said Section 27, and the west line of: present city limits as annexed October 25, 1983 by Ordinance No. 83-2523; THENCE S.0°00'30"W. 87.64 feet along the West line to the SW corner of said annexation tract, THENCE southwesterly along the West line of a tract annexed September 20, 1965 by Ordinance No. 65-894 along a curve to the left concentric and 500 feet Westerly of the west right of way line of Interstate Highway No. 27, said curve having an arc length of 572.48 feet, a radius of 3514.93 feet, a central angle of 8°35'52'', a tangent of 264.22 feet, and a chord bearing S.24°33'40"W. 526.96 feet to the POINT OF BEGINNING and containing 1.52 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 Pla_in¥iew, 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 C-3 (Commercial General Business). SECTION V The territory described .in Section I so annexed shall become a part of Voting Precinct 5, pursuant to Plainview City Ordinance No. 01-3295. Ordinance No. 04-3429 Annexation Ordinance 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 on first reading this 23rd day of September, 2004. PASSED AND APPROVED on second reading this 28th day of September, 2004. Belinda Hinojosa, City Secretary APPROVED AS TO FORM: 249 Ordinance No. 04-3429 Annexation Ordinance Page 3 of 3 2:50 SERVICE PLAN 1. Having been petitioned to annex property contiguous to the City (1.52 acre tract out of the West part of Mesa Verde Addition, Unit No. 7, Plainview, Texas, said tract also being a part of a 213.225 acre tract out of the W/2 of Section 27, Block JK-2, Hale County, Texas) and before the publication of the notice of the first annexation hearing required under ~3 052, Texas Local Government Code, the City Council of the City of Plainview directed its planning department to prepare this service plan to Provide forthe 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 West "beat" or western grid of our Patrol Division and will be patrolled by an officer assigned to this area. The police protection provided to such area will be 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. This will include patrol, investigations, traffic enforcement and any other services provided by the Plainview Police Department Fire Primary response into the annexed area will be from Fire Station # 3, located at South~vest 3rd Street (FM 3466). Fire Station #1 located at 215 East 6th Streetwill act as a backup to the Southwest 3rd Street station. Emergency ambulanceservfce will also be provided in the newly annexed area by the fire department as provided in other areas of the City. The fire department does not anticipate need for additional personnel or fire 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 a 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. 04-3429 service Dian Mesa Verde Addition Unit 7 ~ 251 SERVICE PLAN Library Services: Library services identical to those provided to persons already riving in the City will be provided those persons riving 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 riving within the City limits. Commercial refuse collection services will be provided upon request 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 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 development, traffic patterns, and otherfactors influencing street maintenance Water and Waste Water Facilities: The Extension of water and sanitary sewer will be provided in accordance with 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 or installed by others. Planning and Zoninq Services: 04-3429 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. Until a specific land use plan service plan Mesa Verde Addition Unin 7 2 252 SERVICE PLAN is prepared for the annexation, guidelines provided in the Plainview masterplanwill be utilized in evaluation of development proposals in the area. This property will be designated Commercial General Business (C-3) in conjunction with the annexation process. 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. Buildinq Inspection Services Inspection service, including the review of building plans, issuance of the permits in the inspection of afl 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: 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 streetlights, 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. 04-3429 service plan Mesa Verde Addition Unit 7 3 253 SERVICE PLAN 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 a/located 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. 04-3429 service plan Mesa ~erde Addition Unit 7 4