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HomeMy WebLinkAbout1994-2103 - Ordinance - 12/08/1994ORDINANCE NO 21o3 AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF COLLEGE STATION, TEXAS, FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; PROVIDING THAT SUCH AREA SHALL BECOME A PART OF THE CITY AND THAT THE OWNERS AND INHABITANTS THEREOF SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND TO BE HEREINAFTER ADOPTED; PRO- VIDING A SEVERABILITY CLAUSE, PROVIDING AN EFFECTIVE DATE, AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS. WHEREAS, the City Council of the City of College Station, Texas, (the "CITY"), pursuant to the MUNICIPAL ANNEXATION ACT, TEXAS LOCAL GOVERNMENT CODE, ,~43 001, ET SEQ, as amended, and ARTICLE II, SECTION 7, of the Home Rule Charter of the CITY, upon petition by the property owner, has heretofore initiated annexation proceedings to annex additional territory lying adjacent and contiguous to the CITY lying w~thin the extraterntonal junsd~ction of the CITY as described by metes and bounds in Exhibits "A", "B", "C" and "D" attached hereto and incorporated herein by reference, WHEREAS, the owner of the property has submitted a pebt~on to the CITY to annex sa~d tracts of land ~nto the junsd~ct~onal hm~ts of the CITY on September 23, 1994, ~n which the owner has represented that he ~s the landowner and authorized to s~gn the pet~bon, that the land ~s vacant and without residents, and that the land ~s contiguous to the CITY, WHEREAS, the governing body heard the pet~bon after the 5th day but on or before the 30th day after the date the pebt~on was filed and granted the pebbon, WH'EREAS, the CITY ~s a duly consbtuted Home Rule C~ty pursuant to TEX REV CIV STAT ANN. ART. 1165 ETSEQ, as amended, WHEREAS, m accordance w~th the MUNICIPAL ANNEXATION ACT, a serwce plan, attached hereto as Exhibit "E" and ~ncorporated herein for all purposes, was prepared by the appropnate department of the CITY, and was made avadable for tnspechon and explained at the public hearings conducted as hereinafter descnbed, WHEREAS, the C~ty Council as govermng body of the CITY, has conducted two public heanngs on November ~ 1994, and t,~w,.~- 1._~6, 1994, respectively, at which persons interested ~n the annexation were g~ven the opportumty to be heard, WHEREAS, these hearings were conducted on or after the 40th day but before the 20th day before the date of the msbtubon of the annexabon proceedings, and WHEREAS, nobce of the heanngs was pubhshed ~n a newspaper of general c~rcu- labon and in the area proposed for annexahon at least once on or after the 20th day but before the 10th day before the date of each heanng, 2103 Page 2 Ordinance No. NOW, THEREFORE, in accordance with ,a~RTICLE II, SECTION 7 of the Charter of the City of College Station, Texas, and the MUNICIPAl. ANNEXATION ACT, TEXAS LOCAL GOVERNMENT CODE, ~j43.001, ET SEQ., as amended, the City Council of the City of College Station hereby finds. Section 1. That all of the above premises are found to be true and con'ect and are incorporated into the body of this Ordinance as if copied in their entirety. Section 2. That the property described in Exhibits "A", "B", "C", and "O" which exhibits are attached hereto and incorporated herein for all purposes, be and is hereby annexed and brought within the corporate limits of the City of College Station, Brazos County, Texas, and same is hereby made an integral part thereof. Section3. The service plan submitted in accordance with the MUNICIPAl. ANNEXATION ACT is hereby app,r,o,v, ed as part of this Ordinance, made a part hereof and attached hereto as Exhibit' E. Section 4. That the owners and inhabitants of the area herein annexed be enti- tled to all of the rights and privileges of other citizens and property owners of said City and are hereby bound by all acts, ordinances and all other legal action now in full force and effect and all those which may be hereafter adopted Section 5 That the official map and boundaries of the CITY, heretofore adopted and amended be and is hereby amended so as to include the aforemenboned territory as part of the City of College Stabon, Texas Section 6. That the Mayor is hereby d~rected and authorized to perform or cause to be performed all acts necessary to correct the official map of the City to add the territory hereby annexed as required by law Section 7 That this Ordinance shall become effect after its passage. Se(~t~on 8. That the Mayor is hereby directed and authorized to file a cerhfied copy of this Ordinance in the Office of the County Clerk of Brazos County, Texas Section 9. If any section, subsection, sentence, phrase, or word of this Ordinance be found to be illegal, invalid or unconstitutional or If any portion of said property is incapable of being annexed by the CITY, for any reason whatsoever, the adjudica- tion shall not affect any other section, sentence, phrase, word, paragraph or prow- sion of this Ordinance or the apphcatlon of any other section, sentence, phrase, word, paragraph or provision of any other Ordinance of the CiTY The City Council declares that ~t would have adopted the vahd portions and apphcat~ons of tl~s Ordi- nance and would have annexed the vahd property without the invahd part, and to th~s end the prowslons of th~s Ordinance are declared to be severable Section 10. The fact that the present Ordinances and regulations of the CITY are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the CITY, creates an emergency for the ~mmediate preservation of the public business, property, health, safety and general welfare of ]s/c/novg4/~nnex 11/04/94 2103 Ordinance No Page 3 the pubhc which requires that th~s Ordinance shall be effective from and after the date of passage, and ~t ~s accordingly so ordained PASSED and APPROVED by the C,ty Council of College Stabon, Texas, th~s 8'c.h day of December ,1994 APPROVED ,,onr~e, .o?~'k~. City Secretary pAGE4 ' ORD~%%NCE 2103 PETITION FOR ANNEXATION TO THE CITY SECRETARY OF THE CITY OF COLLEGE STATION: This request for annexation of property to the junsdtcttonal hnuts of the Oty of College Statton, Texas, ts made pursuant to Local Government Code Chapter 43 by the understgned proper~y owner The area requested for annexauon, heremafler referred to as "Area". ~s described by metes and bounds m Exhibtt A attached hereto and incorporated by reference The .4a'ea ts deptcted in the plat attached hereto as Exhibtt B As the landowner, [ represent that the approximate total acrea§e owned by me ts 450 acres The annexatton of the Area ns mtuated on written petition by me as owner I represent that 1 am tho, landowner and that ! am authorized to stgu this Petitton for Annexatton Further, I represent that this land ts vacant and wtthout restdents (or that fewer than three quahfied voters restde on thts property), and ~s conuguous to the Cnty of College Statton 1 understand that the governm§ body shall hear the petnt~on and the arguments for and against the annexation and shall grant or refuse the petmon after the fifth day but on or before the 30th day after my pemion ts filed SIGNED this the ~'~"~ day of ~4-d,~.~e~- .1994 STATE OF TEXAS } ACKNOWLEDGMENT COUNTY OF BRAZOS } Before me, the understgned authority, on th~s day personally appeared A P Boyd as vtce-prestdent of Pebble Creek Development Company, a 'l'exas Corporation, known to me to be the person wlnose name ts subscribed to ~l~e foregoing instrument, and acknowledged to mc that he executed the same for the purposes and cons~derauon thereto express, on behalf of smd corporation Given under my hand and seal of off'ice on tlus tine ~--~"~day of_ '-~--~4/._,.-,~c-~ . IO':)4 PAGE 5 ORDINANCE 2103 Ordtnance No SERVICE PLAN FOR PEBBLE CREEK EXHIBIT B On December 8. 1994. the C~ty Council of thc C~ty of College Stat,on annexed certain properues located within the Cfly's Extra-Territorial Junsd~ct,on rolo the Ctty These properties arc illustrated m F,gure I Thts plan provtdes a program under which the C~ty of College Stauon w,ll provtde full mumctpal serv, ces to the annexed area The ummg of serv,ce pro¥~s%on will vary depending on the servtce The Ctty and landowners have mutually agreed to wa,ve the reqmrement Ihat construcUoa of cap,,al tmprovements must be substant,a y completed ~n 4 I/2 years because the stze and projected manner of development of the project by the developer m not reasonab y expected to be completed w, thin that period The property being annexed ts currently vacant There are no water or wastewater facilities m the area. other than a sewer trunk line that runs through the area to the L,ck Creek Plant It serves noth,ffg in the proposed annexatton area at th%s time but ns contained wtthm an easement and is maintained by the Ctty There are no transports,ton facflmes, no budding facdities or residences that would effect solid waste collect,on There are no pubhc parks, pools, playgrounds or other public fac,lit,es that necessitate City maintenance For the purpose of th,s plan. "full mumc, pal servtces" mcludes any serv,ce funded m full or m part by munictpal taxes and prowded by the C,ty of College Stat,on w, thm ,ts full-serv,ce boundaries Mumc, pal serv,ces to be prov,ded w,th,n the annexed area may be by any of the methods by which the C,ty provides services to other comparable areas The f'ollowmg serv, ces shall be prov,ded no later than s,xty (60) days following the effective date of annexat,on 1 ) pohce protect,on. 2) fire protect,on PROVISION OF SERVICES TO ANNEXED AREA Mumc, pal serv,ces w,thm the annexed area are to be prov,ded at the same level as that provided to other comparable areas of the Ctty Spec,ftc. ally. comparable areas of the Ctty are those pomons of the Ctty that have s,mdar character,sues of topography, land use and popular,on denstty The servtce plan will not prov,de fewer serv,ces or Ioxver level of ~erv~ces ,n the area than were ,n extstence in the area ,mmed,ately preceding lhe date of annexauon, or that are otherw,se available m other parts of the mun,ctpahty wflh land use and popular,on dens,t,es stmilar to those reasonably contemplated or projected m the area Pohce Protection Pohce protecnon and pohce ',e~qces will be provtded to the annexed properties ,mmed,ately fullow,ng the effect,ye date of annexation Serv,ces will include patrolling, responses to calls. mvesngat~ons and other routine pohce servtces Pohce prolectton and serv,ce~ wtll be prov,ded at the same level as prowded to other comparable areas wtthtn College St.u~on 2103 PAGE 6 Fire Protection and Emergency Medical Service Fire protection and emergency medical service will be provided immediately following the effective date of the annexation Protection will be provided through emergency call responses, fire prevention education, fire survey act~vihes, and fire code enforcement Construcuon and development actlvmes undertaken after the effective date of annexation shall comply with all building and fire safety codes and ordinances of the City o£College Stauon Permits Required Construction activities underway prior to annexation may continue All permits required by C~ty codes and ordinances must be obtained for construcuon underway, however permit fees shall be waived All construction commenced after annexation must comply with City codes and or&nances CAPITAL IMPROVEMENTS If the City should make capital improvements to serve the annexed areas, the City reserves the right to levy an impact fee to the properUes annexed tn accordance with Chapter 395 of the Texas Local'Government Code. The City may mclude construction of new, expanded or replacement facihties in its Capital Improvements Program (CEP) Facilities to be ~ncluded tn the CIP shall be determined on a City-wide basis Priorities shall be established by the CD plans of the City, growth trends and direction of the City Council through its development plans and pohc~es Water and Wastewater Utility Extension Policy The water and wastewater utd,ty extension pohcy of the City of College Station ts contamed in its Code of Ordinances and development pohcles now m existence or as may be amended by the C~ty Council Any assessment levied in accordance with Chapter 395 does not preclude the payment of standard tap fees or other fees that are put into effect on a C~ty-w~de basis Roads and Streets including Street LiRhts The streets, drainage and street hghtmg extension pohcy of the City of College Stauon ts contained ~n the City of College Station Code of Ordinances and development pohoes of the City now ts existence or as may be amended by the City Council Parlc~ Playground% and Swimming Pools Park development m the area wdl be addressed through the development standards and procedures of the City as res~dentml development occurs VALIDITY AND AMENDMENT Upon approval by the C~ty Counc,I of the C,ty of College Siatmn th~s plan becomes a contractual obhgauon This plan ts valid for ten years from the date of its adoplmn Renewal of the service plan is at the discretion of the C~ty of College Station Th~s service plan may be amended or revised in accordance with Local Government Code Sec 43 GRDINA.N(~ 2103 I:>AGE 7 Tract A Proposed Annexation I S7 07 Acres S W Robertson Survey Brazos County, Texas 20 September 1994 All thai certain tract or parcel of land lying and being situated tn the S W Robertson Survey tn Bra?os County, Texas, being a part of that I 152 60 acre tract conveyed to Pebble Creek Development Company by deed recorded tn Volume 1671, Page 276 of the Official Records of Brazos County, Texas, and being more partmularly described as follows Begmning at the most easterly corner of that 200 acre tract conveyed to the City of College Station, Texas, by deed recorded tn Volume 1385, Page 14 of the Official Records of Brazos County, Texas Thence S 49° 48' 46" W - 111.26 feet along the southeast line of the satd 200 acre tract to the east comer of that tract annexed by Ordinance No 1691, Thence along the northeast line of the said tract annexed by Ordinance No. 1691 as follows N 36° SS' 39" W - 985 64 feet, N 43° 57' 04" W - 2487 51 feet to the southwest hne of that tract annexed by Ordinance No 1460, Thence along the southwest and southeast hne of the tract annexed by Ordinance No 1460 and Ordinance No 1461 as follows S 65° 47' 38" E - 1002 97 feet to the beg. nnmg ora curve to the left (R=1680'), Along the arc of said curve through a central angle orS0° 45' 00" to the end ofsatd curve, ixl 63° 27' 22" E - 1075 00 feet to the begmnmg ora curve to the right (R=7450'), Along the arc ofsa,d curve through a central angle of 8° 02' 48" to the end of said curve, N 71° 30' 10" E - 1119 82 feet to the begmnmg of a curve to the left (R=4200'), Along the arc of said curve through a central angle of 14" 01' 34", S 27° 39' 15" E - 2~2 18 feet. Thence S 48° 09' 2? W 2108 48 feet to the northeast hne of that tract annexed by Ordinance ]"lo 1759, Thence around the tract annexed by Ordinance No 1750 as follows N 39° 34' 29" W - 1029 58 feet, S ag° 45' 20" W - 174 77 feet, S 39° 34' 29" E - 1091 I 1 feet, Thence S 48° 09' 22" W - 3077 99 feet to Ibc Point o1' Begtnmng and conlatnmg 157 07 ac[es of land mine at less EXHIBIT "A" 2103 PAGE 8 Tract B Proposed Annexation 200 82 Acres S W Robenson Survey Brazos County, Texas 20 September 10o4 All that certain tract or parcel of' land lying and he{ng s~tuated tn the S W Roberlson Survey ~n Brazos County. Texas. being a part of that 1152 60 acre tract conveyed to Pebble Creek Development Company by deed recorded in Volume 1671, Page 276 of the Omc,al Records of Brazos County, Texas, and all of that 50 acre tract conveyed to Pebble Creek Development Company by deed recorded tn Volume 1600 Page 313 of the Oflloal Records of Brazos County. Texas. and being more pamcularly described as follows Begtnning m the northeast right-of-way hne of Stale H~ghway No 6 at the most southerly comer of that 200 acre tract conveyed to the Ctty of College Station, Texas, by deed recorded in Volume 1385, Page 14 of the Official Records of Brazos County, Texas. which is also the most westerly comer of the satd Pebble Creek Development Company 50 acre tract Thence N 49° 48' 46" E - 2631 83 feet along the southeast hne of the said 200 acre tract to the most easterly comer of same, Thence N 48° 09' 22' E - 3077 99 feet through the satd Pebble Creek Development Company l 152 60 acre tracl to the Soulhwesl hne of that Iracl annexed by Ordinance No 1759, Thence S 39° 34' 29" E - 1082 99 feet along the southwest hne of the tract annexed by Ordinance No 1759 to the southeast hne of the said Pebble Creek Development Company 1152 60 acre tract. Thence hqong the southerly hne of the satd Pebble Creek Development Company 1152 60 acre tract as follows S 30007, 36" W- 2317 [7 feet, S 3037' 40" E- 1431 01 feet, S 86° 31' 08" W - 10o5 55 feet to the mosl easterly corner of that 50 acre tracl conveyed to Pebble Creek Development Company by deed recorded tn Volume 1600. Pa~e 313 of the Offsc~al Records of Brazos County. Texas, Fhence $ 86° 30' o8" W - 2106 85 feet along the Soulh hne of the smd 50 acre Iracl lo tile most southerly comer ofsame tn the nnnheast hne of State Highway No o, Thence N 40° 10' 24 ' W - OSO 47 feet along the northeast line of State Hsghway I Jo 6 to the Point of Besmmne and ~on~annng 200 82 acres of land more or less EXHIBIT "B" ORD]/qAN(/E 2103 PAC~ 9 Trac~ C Proposed Annexation 68 41 Acres S W Robenson Survey Br~.os County, Texas 20 September 1994 All thai certain tract or parcel of land lying and being situated tn the S W Robertson Survey tn Braz. os County, Texas, being a part of that 1152 60 acre tract conveyed to Pebble Creek Development Company by deed recorded tn Volume 1671, Page 276 of the Official Records of Brazos County, Texas, and being more particularly described as follows Beginmng at the intersection of the southeast hne of the said Pebble Creek Development Company 1152 60 acre tracl and the northeast line of that 27 29 acre tract conveyed to the City of College Station, Texas, by deed recorded in Volume 1029 Page 13 of the Official Records of Brazos County, Texas Thence N 39° 34' 29" W - 963.33 feet along the northeast line of the said City of College Station 27 29 acre tract which is also a northeast line of that tract annexed by Ordinance 1759 to the most westerly comer of this tract; Thence N 48° 09' 22" E - 2108 48 feet through the said Pebble Creek Development Company 1152 60 acre tract to a southwest hne of that tract annexed by Ordinance No 1461, Thence around the tract annexed by Ordinance No 1461 as follows S 27° 39' 15" E - 577 88 feet, N 62° 20' 45" E - 1000 00 feet, N 27° 39' 15" W - 659.02 feet to a northeast hne of the said Pebble Creek Development Company I 152 60 acre tract, Thence along a northeast and southeast lines of the said Pebble Creek Development Company Iract as follows S 37° 00' 31" E - 947 49 feet, S 44° 59' 29" W. 2000 00 feel, S 27° 49' 29" W - 536 07 feet, S 86° 49' 29" W - 712 05 feet to the Point nf Begnmmg and containing 08 41 acres of land more or less EXHIBIT"C" ORDINANCE 2103 PAGE 10 Tract D Proposed Annexation 50 42 Acres S W Robertson Survey Brazos County, Texas 20 September 1994 All that certain tract or parcel of land lying and being s~tuated m the S W. Robertson Survey in Brazos County, Texas, being a part of that 1152 60 acre tract conveyed to Pebble Creek Development Company by deed recorded la Volume 1671, Page 276 of the Official Records of Brazos County, Texas, and a pan of that 65 acre tract conveyed to the City of College Station, Texas, by deed recorded in Volume 1422, Page 133 of the Official Records of Brazos County, Texas, and being more particularly described as follows' Beginning in the southeast line of the said City of Collnge Station 65 acre tract, which is also the northwest line of that tract annexed by Ordinance No 1759, S 28° 34' 37" W - 244.60 feet from the most easterly comer of the said 65 acre tract The. nco S 28° 34' 37" W - 905.40 feet along the southeast hne of the said 65 acre tract and the northwest line of that tract annexed by Ordinance No 1759 to the beginning of a curve to the right (R=1294 43'), Thence along the arc of smd curve m the southeast line of the said 65 acre tract through a central angle of 36° 00' 00" to the end of said curve; Thence S 64° 34' 37" W - 1421.15 feet continuing along the southeast line of the smd 65 acre tract and along a southeast line of the said Pebble Creek Development Company 1152 60 acre tract, which is also the northwest hne of that tract annexed by Ordinance No 1759, t6 the northeast line of that tract annexed by Ordinance No 1,161, Thence along the boundary of that tract annexed by Ordinance No 1461 as follows N 27° 39' ] 5" W - 227 20 feel, N 43° 30' 19" E - 706 81 feet to the begmmng ora curve to the left (R=3300'), Along the arc of said curve through a central angle of 31° 00' 00" to the end of satd curve, N 12°30, 19"E- 201 52 feet, S 72° 00' 52" E - 272 40 feet, S 61° 20' 22" E - 587 78 feet, S 61° 27' 37" E - 307 18 feet lo the Point of Begmmng and containing 50 42 acres of land EXHIBIT"D" ORDINANCE 2103 PAGE 11 i.f