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HomeMy WebLinkAbout2019-4143 - Ordinance - 12/10/2019ORDINANCE NO. 2019-4143 AN ORDINANCE OF THE CITY OF COLLEGE STATION, TEXAS, PROVIDING FOR THE EXTENSION OF THE BOUNDARY LIMITS OF THE CITY OF COLLEGE STATION, ANNEXING APPROXIMATELY FOUR ACRES OF LAND ADJACENT TO THE PRESENT BOUNDARY LIMITS OF THE CITY OF COLLEGE STATION UPON REQUEST OF THE LANDOWNER; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of College Station has the power by ordinance to fix the boundary limits of the City of College Station and to provide for the extension of such boundary limits and the annexation of additional territory lying adjacent to City of College Station by the City Charter of the City of College Station, Texas, Article II, Section 7; and WHEREAS, pursuant to § 43.0671 Texas Local Government Code, the property owner of approximately four acres of land identified for annexation has requested annexation of that land by the City of College Station, said property is further described in Exhibits “A,” “B” and “C;” and WHEREAS, pursuant to § 43.0672 Texas Local Government Code, the City Council has elected to annex such area having negotiated and upon entering into a written Annexation Service Agreement with the property owner for the provision of services to the property which form of Agreement is set forth in Exhibit “D” attached hereto; and WHEREAS, the City Council finds that all the required notices were given in the time and manner required by law; and WHEREAS, a public hearing before the City Council was held in the Council Chambers on this day to allow all interested persons to state their views regarding the annexation; and WHEREAS, the City Council finds that the annexation will ensure consistent and orderly development of the annexed areas; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: The facts and recitations set forth in the preamble of this Ordinance are declared true and correct. PART 2: The tract of land described in Exhibits “A,” “B” and “C” attached hereto and made a part of this Ordinance for all purposes, is hereby added to and annexed to the City of College Station, Texas. PART 3: Should any part of this Ordinance be held illegal or invalid for any reason, or the application of same be held illegal or invalid as to part of the area annexed; such invalidity will not affect the effectiveness of this Ordinance as to the remainder of the area and/or shall not affect the remaining sections or portion of sections or provisions of this Ordinance. PART 4: Upon final approval and after the effective date of this Ordinance, all property annexed shall be zoned R Rural. PART 5: Upon final passage hereof and after the effective date of this Ordinance, the annexed territory shall be a part of the City of College Station, Texas, and the property situated shall bear its pro rata portion of the taxes levied by the City of College Station and the inhabitants ORDINANCE NO. 2019-4143 Page 2 of 18 thereof shall be entitled to all of the rights and privileges of all the citizens and shall be bound by the acts, ordinances, resolutions, and regulations of the City of College Station. PART 6: This Ordinance shall become effective upon entering into the Annexation Service Agreement with the property owner in the form as set forth in Exhibit “D” and upon approval by the City Council of this Ordinance. PASSED, ADOPTED and APPROVED this 10th day of December, 2019. ATTEST: APPROVED: _____________________________ _________________________________ City Secretary Mayor APPROVED: ___________________________ City Attorney ORDINANCE NO. 2019-4143 Page 3 of 18 ORDINANCE NO. 2019-4143 Page 4 of 18 ORDINANCE NO. 2019-4143 Page 5 of 18 Exhibit C ORDINANCE NO. 2019-4143 Page 6 of 18 EXHIBIT “D” ANNEXATION SERVICE AGREEMENT BETWEEN THE CITY OF COLLEGE STATION AND DAVID WHITT FOR AN APPROXIMATELY 3.998 ACRE TRACT WHEREAS, in January, 2011, the City of College Station (“City”) and David Whitt (“Landowner”), owner of an approximately 3.998 acre tract of land within the extraterritorial jurisdiction of the City as further described in Exhibit “A” attached hereto and made a part hereof (the “Property”) entered into an Agreement; and WHEREAS, said Agreement was entered into as a form of Non-Annexation Agreement for agricultural or wildlife management use or as timber land pursuant to then-Section 43.035 Texas Local Government Code (now Sect. 43.016 Texas Local Government Code) and pursuant to Sect. 212.172 Texas Local Government Code relating to authority to enter into development agreements with landowners; and WHEREAS, the City received a request from Landowner to annex the Property; and WHEREAS, pursuant to Sect. 43.0671 Texas Local Government Code the City is willing to annex the Property upon such request; and WHEREAS, pursuant to Sect. 43.0672 Texas Local Government Code that Landowner and City now enter into this Service Agreement addressing the municipal services to be provided to the property as of the date of annexing the Property as well as addressing other matters relating to annexing; now therefore FOR and IN CONSIDERATION of the recitals above and the mutual covenants and conditions contained herein, the parties agree as follows: ARTICLE I PROPERTY TO BE ANNEXED Landowner requested and herein confirms its request that the City annex the Property. Landowner’s Request for Annexation is attached hereto as Exhibit “B” and incorporated herein by reference. A general description of the Property is as follows: The Property is on the west side of the City, surrounded by the City limits. This Property is approximately four acres located on the east side of Wellborn Road between Barron Cut-Off Road and McCullough Road, as further described in Exhibit “A.” ARTICLE II MUNICIPAL SERVICES The parties agree and understand that the following municipal services will be provided to the Property and shall be provided as of the effective date of annexation unless expressly stated otherwise: ORDINANCE NO. 2019-4143 Page 7 of 18 This Agreement contains three service components: (1) Basic Services, (2) Additional Services, and (3) Capital Improvement Program. As used in this plan, the term ‘providing services' includes having services provided by any method or means by which the City may extend municipal services to any other area of the City, including the City's infrastructure extension policies and developer or property owner participation in accordance with applicable city ordinances. 1. Basic Services The City of College Station will provide the following services in the Annexation Area immediately upon the effective date of annexation: -police protection; -fire protection; -emergency medical services; -solid waste collection; -operation and maintenance of water and wastewater facilities in the annexed area that are not within the service area of another water or wastewater utility; -operation and maintenance of roads, and streets, including road and street lighting: -operation and maintenance of public parks, playgrounds, and swimming pools; and -operation and maintenance of any other publicly owned facility, building, or service. Police Protection The College Station Police Department will provide police service, including routine patrol, traffic enforcement, and dispatch response to emergency and non-emergency service calls. A. Fire Protection The College Station Fire Department will provide fire protection, including response to emergency calls for assistance, fire prevention education, pre-fire planning, and target hazard inspections. In general, the Fire Department’s goal is to provide a fire response time of five minutes or less. B. Emergency Medical Services Through an agreement with Brazos County the City of College Station provides emergency medical services (EMS) to the unincorporated portions of southern Brazos County. This service level is anticipated to remain unchanged. The City maintains emergency medical equipment and licensed personnel according to Texas Health and Safety Code Chapter 773, Subchapter C. The City’s EMS services are administered through the Fire Department, which has various apparatus including ambulances, fire engines, and ladder trucks equipped with lifesaving equipment and services. ORDINANCE NO. 2019-4143 Page 8 of 18 C. Solid Waste Collection The College Station Public Works Department will provide fee-based solid waste collection service for residential and commercial customers. Customers in the annexed area may elect to continue using a private solid waste management service provider for a period of two years after the effective date of annexation in accordance with applicable law. The City will not charge a fee to a person who continues to use the services of a privately-owned solid waste management service provider during this two year period. In order to secure solid waste collection services in the annexed area, each property owner must establish a utility account with the City of College Station. The City will not be responsible for damage to private drives, streets, or parking areas by sanit ation trucks servicing containers. Residential Service – Residential solid waste collection (including brush and bulk items) is provided once per week. All residential service will be provided at a point of collection adjacent to, and accessible from, a public right-of-way or an improved surface acceptable to the City. Residential solid waste collection vehicles will not conduct operations on private property. However, residential service may be provided on private streets that comply with the Sanitation Division’s requirements for surface material, vehicle clearance and turning radii. In the case of multiple residences located on a privately owned road or drive, the City may require the establishment of a mass collection point at an area adjacent to the nearest public right-of-way. The City will provide residential solid waste containers. Commercial Service - Containers and collection points may be located on private property, provided that it can be easily accessed from a public right-of-way, and both the route of access and the collection point meet the Sanitation Division’s requirements for approved surfaces, vehicle clearance and turning radii. The City will provide standard commercial containers. D. Current Water and Wastewater Facilities The City of College Station will provide water and wastewater service to areas that are not located within the certificated service territory of another utility through existing facilities located within or adjacent to the area. The level of water and wastewater service, infrastructure and infrastructure maintenance provided to the Property will be comparable to the level of services, infrastructure and infrastructure maintenance available in other parts of the City before annexation with topography, land use, and population density similar to those reasonably contemplated or projected in the area. Municipal services to be provided within the Property may be provided by any of the methods in which the City provides services to other comparable areas. E. Roads and Streets In the event there exists any public roads or streets within the Property they will be maintained to the same degree and extent that that the City maintains public roads and streets within the current City limits. Maintenance priorities are determined on a City-wide basis taking into consideration factors such as age, traffic volume, surface conditions, nature of the maintenance, public safety hazards, and available funding. ORDINANCE NO. 2019-4143 Page 9 of 18 Right-of-way mowing activities along State highways are addressed in the City's maintenance agreement with Texas Department of Transportation and will be added to the City's maintenance activities immediately following annexation if any State highways exist within the Property; however general maintenance of State highways will continue to be maintained by the Texas Department of Transportation. Existing street and traffic control signs shall conform to the City of College Station’s standards within ninety (90) days of annexation. The City will install public street signs in accordance with College Station’s standards for same within ninety (90) days of the effective date of annexation. Street lighting will be maintained only for fixtures located within the service territory of College Station Utilities unless agreed upon otherwise. F. Parks and Recreation Facilities In the event there exists any public parks, playgrounds, swimming pools or other public recreation areas within the Property, such public facilities will be maintained to the same degree and extent that the City maintains similar public facilities within the current City limits. G. Other Publicly Owned Buildings and Facilities In the event there exists any publicly owned buildings and/or facilities within the Property, such public buildings and/or facilities will be maintained to the same degree and extent that the City maintains same within the current City limits. 2. Additional Services A. Building Permitting and Inspections Upon the effective date of annexation, the City will provide building permits and inspection services with applicable fees. This service will be made available to the annexed areas on the same basis and at the same level of service as similar facilities throughout the City. Service is provided on a “cost recovery” basis, and permit fees partially offset the costs of services delivered. At time of development, impact fees may be required to partially offset the impact of new development on City wastewater and roadway systems. Construction activities must comply with City codes and ordinances. To the degree allowed by law, as of the effective date of annexation, all activities on and related to the Property shall comply with all codes, including building, life safety and fire safety codes, of the City of College Station; and permits shall be pulled for various activities such as for construction, when applicable. B. Planning and Development Services Planning and development services will be made available on the effective date of annexation. The Planning & Development Services Department currently services this Property by way of administration of the Subdivision Regulations contained in the Unified Development Ordinance. ORDINANCE NO. 2019-4143 Page 10 of 18 Upon annexation, planning and development services will be provided as set forth in the Unified Development Ordinance and other applicable codes and standards. The College Station City Council adopted the current Comprehensive Plan in 2009. The Comprehensive Plan contains a Land Use Plan that designates future land uses to manage the quality and quantity of growth by matching land use intensity with planned infrastructure. Upon annexation, the Property will be zoned R (Rural). The City's Comprehensive Plan will be used as the basis for evaluating rezoning requests after the Property is annexed. C. Animal Control The Police Department will provide animal control services upon the effective date of annexation. Animal control services include response and investigation of reported animal bites, response to reports of stray or “at large” animals, and response and investigation of animal cruelty and neglect reports. D. Community Services Community services including response and investigation of code enforcement issues such as trash, illegal signs, abandoned or inoperable motor vehicles, and zoning violations will be provided upon annexation of the Property. The Community Services Department administers federal funds received from the Department of Housing and Urban Development through the Community Development Block Grant and the HOME Investment Partnership grant of which some or all of the landowners of the Property may avail themselves or be recipients of. E. Recycling Collection For residential customers of solid waste collection services from the City of College Station, curbside recycling collection is currently provided once per week. Items accepted in the curbside recycling program include:  Newspapers and magazines  Aluminum and steel food cans  Clear and brown glass  Plastic bottles  Lead acid car batteries F. Future Water and Wastewater Service Provision Water and wastewater facilities for future development that increase densities beyond the capital improvements specified in this Agreement will generally only be extended to certificated areas of convenience and necessity issued to the City by the Public Utility Commission of Texas and in accordance with the City’s Water and/or Wastewater policies in existence at the time of development. In general, the policy for extension of a utility service is “development driven” in that utility line extensions are typically installed by developers, in conjunction with major development projects. The City may accept ownership and maintenance of major facilities, such as gravity sewer lines, manholes, lift stations and/or wastewater package plants, as required by the particular development. The City may elect to pay for upgrades or oversize infrastructure projects being installed by developers. As the Property develops, ORDINANCE NO. 2019-4143 Page 11 of 18 developers or homeowners may extend water distribution and/or wastewater collection lines to individual lots or areas. Until an area becomes densely populated, it may not be feasible to have only a few lot owners bear the cost of a utility extension. Water well and/or on-site sewage facilities which are privately owned and operated may be a viable approach to development of some or all of the Property. Where water and/or wastewater service is desired to serve all or a portion of the Property and City service of such utility is located adjacent, public water and/or wastewater services may be available via existing lines adjacent to the Property but the sewer treatment capacity may also limit density to as little as 1 dwelling unit per acre. Notwithstanding anything to the contrary in this Agreement, as in other areas of College Station with similar topography, land use, and population density, the area may continue to be served by a private sewer system and/or private well until such time as significant development occurs to warrant the extension of an organized sanitary sewer collection system or water distribution system. 3. Capital Improvements Should the City make capital improvements to serve the Property, the City reserves the right to levy an impact fee in accordance with Chapter 395 of the Texas Local Government Code and the City's Code of Ordinances. The City may, from time to time, include construction of new, expanded or replacement facilities pursuant to its Capital Improvements Program (CIP). Facilities to be included in the CIP shall be determined on a City-wide basis. Priorities shall be established by the CIP plans of the City, projected growth trends, and the City Council through its development plans and policies. A. Police Protection (including animal control) Police protection will be provided to the annexed area through existing City facilities at a level of service comparable to the level of service in other parts of the City before annexation with topography, land use, and population density similar to those reasonably contemplated or projected in the area. B. Fire Protection (including EMS and Community Enhancement) Fire protection will be provided to the annexed area through existing City facilities and mutual aid agreements at a level of service comparable to the level of service in other parts of the City before annexation with topography, land use, and population density similar to those reasonably contemplated or projected in the area. The City will evaluate and update, as needed, its Strategic Plan to address the response time, personnel, facility and equipment needs for this area of the City as the annexed area develops. C. Solid Waste Collection Solid waste collection services will be provided to the annexed area through the City’s existing facilities or through franchise agreements with private services at a ORDINANCE NO. 2019-4143 Page 12 of 18 level of service comparable to the level of service in other parts of the City before annexation with topography, land use, and population density similar to those reasonably contemplated or projected in the area. D. Maintenance of Public Roads and Streets Right-of-way maintenance will be provided through the existing facilities at a level of service not less than exists in the area immediately preceding annexation. The improvement and enlargement of roads within existing rights-of-way will be included in future capital improvements programs as practical and where needed to facilitate the maneuvering of emergency and sanitation service vehicles. E. Parks, Playgrounds and Swimming Pools Parks and recreation services will be provided through the existing facilities at a level of service not less than exists in the area immediately preceding annexation. Additional park development within the Property will be addressed through the development standards and procedures of the City as residential development occurs. Such park development includes, but is not limited to, dedication of park land and/or money in lieu of land in accordance with the City of College Station Subdivision Regulations. F. Other Public Building and Facilities Other public facilities, buildings or services will be provided through the existing facilities at a level of service not less than exists in the area immediately preceding annexation. G. Water and Wastewater Capital Improvements Generally the cost of off-site extension of water and/or wastewater facilities to serve a lot, tract, plat, or land development shall be borne by the owner or developer of the lot, tract, plat, or land by direct installation or through the use of impact fe es where applicable. Where such extension is consistent with plans for the development of the City and its utility system the City may, by decision of the City Council, participate in the cost of construction so as to provide for additional capacity for the overall development of an area. The cost of water and/or wastewater facilities necessary to serve existing lots or new development within a subdivision plat or land development shall typically be borne by the lot owner or developer of the plat or land by direct installation or through the use of impact fees where applicable. Standard connection fees or other installation fees in effect on a citywide basis are in addition to any impact fees which may apply. The Property may be served by a private on-site sewer treatment system until such time as development warrants the extension of an organized sanitary sewer collection system. Downstream sewer capacity is limited in this area, and downstream sanitary improvements may be required by the developer if peak sanitary sewer demands increase beyond the originally anticipated Wellborn Estate land use assumptions. ORDINANCE NO. 2019-4143 Page 13 of 18 H. Roadway Capital Improvements Generally, the City identifies and prioritizes one or more capital improvement programs and determines annually on the roadway projects to be constructed. Any and all such projects have the potential to impact the Property through enhancement and alteration of vehicular traffic attributable to such improvements. 4. Level of Services to be Provided The City Council finds and determines that the services, infrastructure and infrastructure maintenance proposed by this Agreement are comparable to that provided to other parts of the City with topography, land use, and population density reasonably similar to the annexed area and will not reduce the level of services available to the territory prior to annexation. Nothing in this Agreement shall require the City to provide a uniform level of full municipal services to each area of the City, including the annexed area, if different characteristics of topography, land use, and population density are considered a sufficient basis for providing different levels of service. ARTICLE III ANNEXATION Annexation of the Property shall go into effect upon adoption of an ordinance and this Agreement going into effect. ARTICLE IV NOTICES Any notice sent under this Agreement shall be written and mailed, or sent by electronic or facsimile transmission confirmed by mailing written confirmation at substantially the same time as such electronic or facsimile transmission, or personally delivered to an officer of the receiving party at the following addresses: To the City: To the Landowner: City of College Station David Whitt Attn: City Manager P.O. Box 9960 College Station, Tx 77842 To the Developer: Each party may change its address by written notice in accordance with this section. Any communication addressed and mailed in accordance with this section shall be deemed to be given when so mailed, any notice so sent by electronic or facsimile transmission shall be deemed to be given when receipt of such transmission is acknowledged, and any communication so delivered in person shall be deemed to be given when receipted for by, or actually received by, the City or by the Landowner, as the case may be. ORDINANCE NO. 2019-4143 Page 14 of 18 ARTICLE V MISCELLANEOUS Miscellaneous. This Agreement constitutes the final agreement between the parties. The laws of the State of Texas govern this Agreement and venue shall be in Brazos Coun ty, Texas. Waiver of one provision or on one occasion with respect to this Agreement does not constitute waiver of other provisions or on other occasions. If any provision of this Agreement should be held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of this Agreement shall not be affected thereby. This Agreement may be amended only in writing by the parties hereto. This Agreement may not be assigned by a party without the written approval of the other. This Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. Effective Date: This Agreement goes into effect as of the date duly approved by the parties hereto. List of Exhibits: Exhibit “A” Description of the Property Exhibit “B” Request for Annexation LANDOWNER: ____________________ David Whitt Date: ______________ CITY OF COLLEGE STATION, TEXAS: By: ___________________________ Karl Mooney, Mayor Date approved by the City Council of the City of College Station, Texas: _____________ ORDINANCE NO. 2019-4143 Page 15 of 18 EXHIBIT “A” to Exhibit “D” DESCRIPTION OF THE PROPERTY ORDINANCE NO. 2019-4143 Page 16 of 18 EXHIBIT A-2 ORDINANCE NO. 2019-4143 Page 17 of 18 EXHIBIT A-3 ORDINANCE NO. 2019-4143 Page 18 of 18 EXHIBIT “B” REQUEST FOR ANNEXATION REQUEST FOR ANNEXATION TO THE CITY OF COLLEGE STATION, TEXAS This request for annexation of property into the jurisdictional limits of the City of College Station, Texas is made pursuant to Local Government Code Chapter 43 by the undersigned property owner(s). The area requested for annexation, hereinafter referred to as “Area,” is described by metes and bounds in Exhibit A attached hereto and incorporated by reference. The Area is also depicted in the survey attached hereto as Exhibit B. As the landowner, the undersigned represents that the approximate total acreage owned is 3.998 acres. The annexation of the Area is initiated on written request by the undersigned as owner(s). We represent that we are the landowner and that we are authorized to sign this Request for Annexation. We understand that the governing body shall consider this Request for Annexation in accordance with applicable law, including the holding of public hearings as may be required. SIGNED this ___ day of __________, 2019. OWNERS(S): ________________________ ________________________ ________________________ STATE OF TEXAS § COUNTY OF BRAZOS § Before me, the undersigned authority, on this day personally appeared ______________________________ known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that such person executed the same for the purposes and consideration therein expressed and in the capacity therein expressed and if none, then individually. _______________________________________ Notary Public in and for the State of Texas _________________________________________ Name printed or typed (SEAL) My Commission Expires: