Loading...
HomeMy WebLinkAbout13-3589 ordORDINANCE NO.13 -3589 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, Zeini Group, L.L.C. petitioned the City of Plainview, Hale County, Texas to annex their property, located at 5205 North Interstate 27, which is adjacent to its incorporated city limits; and WHEREAS, Zeini Group, L.L.C. is the landlord of their sister company Andalucia Nuts, which currently occupies the facility at this time; and WHEREAS, Andalucia Nuts is a processor of tree nuts and peanuts and is in the process of opening a peanut processing division on said property; and WHEREAS, as a new business operating just outside the city limits, such peanut processor division needs municipal water, since water from a municipal source is preferred in a food manufacturing facility; 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. 13 -3589 Annexation -5205 N. IH 27 Page 1 of 12 235 236 54.77 acres out of the N.W. part of N.E. 1 /4 Survey No. 37, Block JK -2, Hale County, Texas, which is located at 5205 North Interstate 27 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; SECTION I NOW, THEREFORE, the City of Plainview Hereby Ordains that: 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 II 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 SECTION VI Ord. No. 13 -3589 0 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. Severability is intended throughout and within this Ordinance. If any provision, including any section, paragraph, sentence, clause, phrase or word or the application 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 Annexation -5205 N. IH 27 Page 2 of 12 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 8 day of January, 2013. Passed and Approved on second reading this 22 day of January, 2013. ATTEST: //)-)/. Belinda Hinojosa, City Secr APPROVED AS TO FORM: ry Leslie Spear Pearce, City Attorney Ord. No. 13 -3589 Annexation -5205 N. IH 27 Page 3 of 12 237 238 Ord. No. 13 -3589 Exhibit "A" MUNICIPAL SERVICE PLAN 1. Sal Zeini, Vice - President of Zeini Group, LLC petitioned to annex such Group's property, which is contiguous to the City at approximately 5205 North Interstate 27 in Hale County, Texas (54.77 Acres out of the N.W. Part of N.E. Survey No. 37, Block JK -2). 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: 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. 6 th 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 Annexation -5205 N. IH 27 Page 4 of 12 corporate city limits, including pre - hospital medical services such as triage, treatment, and transport. 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. 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, Ord. No. 13 -3589 Annexation -5205 N. IH 27 Page 5 of 12 239 240 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. 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, 2012 — September 30, 2013 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: Ord. No. 13 -3589 Annexation -5205 N. IH 27 Page 6 of 12 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 Heavy Industrial (M -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, 2012 — September 30, 2013 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. 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: Ord. No. 13 -3589 Annexation -5205 N. IH 27 Page 7 of 12 241 242 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. Services to be Provided: Park services for those persons in the proposed 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 John D. Stoneham Park in the Thunderbird Addition of the City. 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. Ord. No. 13 -3589 Annexation -5205 N. IH 27 Page 8 of 12 • 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. 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. TRAFFIC: 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 Ord. No. 13 -3589 Annexation -5205 N. IH 27 Page 9 of 12 243 244 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. 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. 13 -3589 Annexation -5205 N. IH 27 Page 10 of 12 1 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. We are currently amending our Water CCN Number 10612, and there are no other known Water CCN holders within this service area. Funds Available for Services: Current personnel and budget appropriations are sufficient to provide these Services. SANITARY SEWER SERVICES: Existing Services: The current facility located in the proposed annexed area has an existing onsite sewage facility. 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 Ord. No. 13 -3589 Annexation -5205 N. IH 27 Page 11 of 12 246 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. SOLID WASTE COLLECTION SERVICES: Existing Services: The City of Plainview currently provides Solid Waste Collection Services to this location. Services to be Provided: a. Solid Waste Collection Services shall continue to 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. 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. Ord. No. 13 -3589 Annexation -5205 N. IH 27 Page 12 of 12