HomeMy WebLinkAbout1992-1949 - Ordinance - 03/26/1992ORDINANCE NO. 1949
AN ORDINANCE RECEIVING CERTAIN TERRITORY ADJOINING THE CITY
LIMITS OF THE CITY OF COLLEGE STATION, TEXAS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE
STATION, TEXAS:
WHEREAS, the City of College Station has decided to extend the
boundaries of the City and annex area adjacent to the City lying
within the extraterritorial Jurisdiction of the City as described
by metes and bounds in Exhibit A attached herein and incorporated
by reference;
WHEREAS, the city Council as governing body of the City has con-
ducted two public hearings on January 23, 1992, and February
13th, 1992, respectively, at which persons interested in the an-
nexation were given the opportunity to be heard;
WHEREAS, these hearings were conducted on or after the 40th day
but before the 20th day before the date of the institution of the
annexation proceedings;
WHEREAS, notice of the hearings was published in a newspaper of
general circulation and in the area proposed for annexation at
least once on or after the 20th day but before the 10th day
before the date of each hearing;
WHEREAS, at the public hearings a "Service Plan" that provides
for the extension of full municipal services to the area to be
annexed, prepared by the City Planning Department in accordance
with S 43.056 of the Local Government Code, was made available
for public inspection and was explained to the inhabitants of the
area at the public hearings; and
WHEREAS, the Service plan is set out in Exhibit B attached hereto
is and incorporated herein as part of this ordinance by refer-
ence.
NOW, THEREFORE, in accordance with Article II, Section 7 of the
Charter of the city of College Station, Texas, and S43.021 of the
Texas Local Government Code, the City of College Station city
Council by this ordinance receives the aforementioned territory
into the incorporated limits of the City of College Station,
Texas, as described in Exhibit A.
PASSED and APPROVED this 26th day of March, 1992.
ATTEST: ,
CITY SECRETARY
APPROVED:
Ordinance No. 1949 Page 2
EXHIBIT A
DESCRIPTION OF ANNEXED AREAS
AREA NO. 1= Being all that certain tract or parcel of land ly-
ing and being situated in the ROBERT STEVENSON SURVEY, Abstract
No. 54, in Brazos County, Texas, and being a portion of the
following eighteen (18) tracts of land=
1)
the 4.00 acre tract conveyed by Freddie Curry and wife,
Gladys M. Curry to Texas A&M University Research Foundation
by deed recorded in Volume 936, Page 151,
2)
the 2.62 acre tract conveyed by Freddie Lee Curry and wife
Gladys M. Curry to the Texas A&M University Research Founda-
tion by Deed recorded in Volume 1026, Page 55,
3)
the 2.60 acre tract conveyed by Teague Land Co., Inc. to
Fire Security Systems, Inc. by deed recorded in Volume 1228,
Page 61,
4)
the two- 2.60 acre tracts conveyed by First City National
Bank of Bryan to United Oil Exploration Co., Inc. by deed
recorded in Volume 994, Page 147,
5)
the 3.28 acre tract conveyed by Ted Billington to University
National Bank by deed recorded in Volume 1130, Page 103,
6)
the 1.635 acre tract conveyed by Sears-Craig, Inc. to K. W.
Brown and Associates, Inc. by deed recorded in Volume 962,
Page 846,
7)
the 1.635 acre tract conveyed by Oceanography International
Corp. to Kirk Brown et ux by deed recorded in Volume 641,
Paged 464,
8)
the 2.24 acre tract conveyed by Oceanography International
Corp. to Jack Kindt by deed recorded in Volume 641, Page
426,
9)
the 1.00 acre tract conveyed by Robert Karl Zahray et ux to
Deuel & Zahray Laboratories, Inc. by deed recorded in Volume
807, Page 390,
lO)
the 50.0 acre tract conveyed by Clarence E. Young to
Oceanography International Corp. by deed recorded in Volume
449, Page 108,
11) the 1.96 acre tract conveyed by Don Russell to Steve Smith,
Trustee by deed recorded in Volume 1165, Page 617,
12)
the 2.00 acre tract conveyed by Oceanography International
Corp. to SALL ENTERPRISE, INC. by deed recorded in Volume
475, Page 130,
Ordinance No. 1949 Page 3
13)
the 0.50 acre tract conveyed by SALL VENTURE ONE to
Crowley/Waltman Interests by deed recorded in Volume 1133,
Page 576,
14)
the 1.191 acre tract conveyed by James H. Woods and wife,
Linda L. Woods to TRIRO, INC. by deed recorded in Volume
1196, Page 156,
15)
the 2.00 acre tract conveyed by Federal Deposit Insurance
Corp. to Lynn Elliott by deed recorded in Volume 1115, Page
366,
16)
the 2.00 acre tract conveyed by Warren C. Harmon to K. W.
Brown & Assoc., Inc. by deed recorded in Volume 1120, Page
136,
17)
the 1.00 acre tract conveyed by Charles Wilding, Trustee to
University National Bank by deed recorded in Volume 1041,
Page 433 and
18)
the 1.00 acre tract conveyed by Lawrence H. Hubbell et al to
Lawrence H. Hubbell, Jr. et al by deed recorded in Volume
779, Page 654 of the official Records of Brazos County,
Texas and being more particularly described by metes and
bounds as follows:
BEGINNING: at a 1/2 inch iron rod marking the most easterly
corner of the 159.657 acre Lieven J. VanRiet et al tract de-
scribed in Volume 963, Page 29, said corner also marking the most
northerly corner of the 4.0 acre Texas A&M Research Foundation
tract described in Volume 936, Page 151, and being in the south-
west right-of-way line of a County Road called Schaffer Road;
THENCE: S 48 degrees 32'10"E, for a distance of 429.99 feet
along the southwest right-of-way line of Schaffer Road to a 5/8-
inch iron rod in the new northwest right-of-way line of Graham
Road (based on a 70-foot width);
THENCE: S 41
along the said
angle point;
degrees 57'50"W, for a distance of 1438.32 feet
northwest right-of-way line of Graham Road to an
THENCE: S 53
along the said
angle point;
degrees 39'12"W, for a distance of 204.26 feet
northwest right-of-way line of Graham Road to an
THENCE: S 41
along the said
corner;
degrees 50'47"W, for a distance of 956.59 feet
northwest right-of-way line of Graham Road for
THENCE: S 48 degrees 35'08"E, for a distance of 70.00 feet for
corner in the new southeast right-of-way line of Graham Road
(based on a 70-foot width);
Ordinance No. 1949 Page 4
THENCE: N 41 degrees 50~47"E, for a distance of 948.79 feet
along the said southeast right-of-way line of Graham Road to an
angle point;
THENCE: N 53 degrees 39~12"E, for a distance of 204.19 feet
along the said southeast right-of-way line of Graham Road to an
angle point;
THENCE: N 41 degrees 57~50"E, for a diatance of 0.60 feet along
the said southeast right-of-way line of Graham Road for corner,
said corner also being in the northeast line of the 1.00 acre
Lawrence H. Hubbell, Jr., et al, tract;
THENCE: S 47 degrees 49~10"E, for a distance of 137.51 feet to
the most easterly corner of the said 1.00 Lawrence H. Hubbell,
Jr. et al tract, said corner also being an east corner of the
said 50 acre Oceanography International Corp. tract;
THENCE: S 41 degrees 41~48"W, for a distance of 2426.99 feet
along the moat southeasterly line of the said 50 acre tract for
corner, said corner also being the south corner of the said 1.96
acre Steve Smith, Trustee tract, and being in the northeast
right-of-way line of Farm to Market Road No. 2154;
THENCE: around a curve in a counterclockwise direction and
along the said northeasterly right-of-way line of Farm to Market
Road No. 2154 having a central angle of 3 degrees 49~10", an arc
diatance of 194.31 feet, a radius of 2914.80 feet, and a long
chord of N 31 degrees 00w09"W, a distance of 194.27 feet to a
5/8-inch iron rod for corner, said corner also being in the
beforesaid new southeast line of Graham Road;
THENCE: N 41 degrees 50~47"E, for a distance of 423.55 feet
along the new southeasterly right-of-way line of said Graham Road
for corner;
THENCE: N 48 degrees 09~13"W, for a distance of 70.00 feet for
corner in the new northwest right-of-way line of Graham Road;
THENCE: S 41 degrees 50~47"W, for a distance of 405.40 feet
along the new northwesterly right-of-way line of said Graham Road
for corner, said corner being in the northeast right-of-way line
of said Farm to Market Road No. 2154;
THENCE: around a curve in a counterclockwise direction and
along the said northeasterly right-of-way line of Farm to Market
Road No. 2154, said curve having a central angle of 07 degrees
50~44~, an arc distance of 399.12 feet, a radius of 2914.80 feet,
and a long chord of N 38 degrees 15'24"W, a distance of 398.81
feet for corner, said corner also being the common west corner of
the 50.00 acre Oceanography International Corp. tract and the
south corner of the beforementioned 159.675 acre Lieven J.
VanRiet et all tract;
Ordinance No. 1949 Page 5
THENCE: N 41 degrees 57~50"E, for a distance of 3726.00 feet to
the POINT OF BEGINNING containing 46.3 acres of land, more or
less.
AREA NO. 2: Being all that certain tract or parcel of land ly-
ing and being situated in the C~AWFORD BURNETT LEAGUE, Abstract
No. 7 and the ROBERT STEVENSON SURVEY, Abstract No. 54, in Brazos
County, Texas, and being all of the 132.508 acre tract and the
159.657 acre tracts conveyed by Wellborn Road, Ltd. to Lieven J.
Van Riet et al by Trustee~s Deed dated April 7, 1987 and recorded
in Volume 963, Page 29 of the Official Records of Brazos County,
Texas and being a portion of the County Road rights-of-way
commonly called North Graham Road and Arnold Road and being more
particularly described by metes and bounds as follows:
BEGINNING: at a 1/2-inch iron rod marking the most easterly
corner of the said 159.657 acre tract, said iron rod also marking
the north corner of the Texas A&M Research Foundation 4.00 acre
tract described in Volume 936, Page 151 and being in the south-
west right-of-way of a County Road called Schaffer Road;
THENCE: S 41 degrees 57'50"W for a distance of 3726.00 feet
along the southeast line of said 159.657 acre tract to a 1/2-inch
iron rod in the northeast right-of-way line of Farm Road No.
2154, said iron rod also being the west corner of the University
Industrial Center Phase I, 11.29 acre tract described in Volume
456, Page 249;
THENCE: along the said northeast line of Farm Road No. 2154 for
the following two calls:
N 44 degrees 43'05"W for a distance of 249.44 feet to a
concrete right-of-way marker and,
N 47 degrees 03'22"W for a distance of 1774.83 feet to an
iron rod marking the south corner of the called 1.25 acre
Herb L. Fedora et ux tract described in Volume 227, Page 500
of the Deed Records;
THENCE:
calls:
along the said Fedora tract for the following three
N 40 degrees 45'38"E for a distance of 257.72 feet to an
iron rod at the fence corner,
N 50 degrees 19'43"W for a distance of 156.12 feet to an
iron rod at the fence corner in the southeast line of a
County Road called North Graham Road and
S 41 degrees 36~17"W for a distance of 249.52 feet for
corner in the beforementloned northeast right-of-way of Farm
Road No. 2154;
THENCE: N 47 degrees 03'16"W along the said right-of-way line
of Farm Road No. 2154 for a distance of 2997.36 feet to an iron
rod marking the west corner of the said 132.508 acre Lieven J.
Van Riet Tract;
Ordinance No. 1949 Page 6
THENCE: N 42 degrees 28~46"E for a distance of 1163.35 feet and
N 41 degrees 49~32"E for a distance of 123§.88 feet for
corner, said line being the northwest line of the said 132.508
acre tract and also being the southeast line of Fraternity Road
as described in Volume 971, Page 583, Southwood Valley Section
24C Addition to College Station as recorded in Volume 1097, Page
329 and Southwood Valley Section 24E Addition as recorded in
Volume 1140, Page 495 of the Official Records;
THENCE: S 49 degrees 51~02"E for a distance of 1263.51 feet
along the southwest line of the College Station Venture I, Ltd.
tract as described in Volume 1203, Page 550 for corner, said
corner also being in the northwest line of Westchester Park Phase
Two as recorded in Volume 1138, Page 675 of the official Records;
THENCE: along the common line of said Westchester Park Phase
Two and the said 132.508 acre Van Riet tract for the following
three calls:
S 41 degrees 49~04"W for a distance of 846.16 feet,
S 47 degrees 10~07"E for a distance of 1518.78 feet and
N 73 degrees 18~41"E for a distance of 288.65 feet to a
point in the northwest right-of-way line of North Graham
Road;
THENCE: N 42 degrees 32~20"E for a distance of 309.09 feet and
N 42 degrees 42~52"E for a distance of 79.50 feet along
the said northwest line of North Graham Road to an angle point in
the southwest line of Westchester Park Phase One as recorded in
Volume 1054, Page 373 of the Official Records;
THENCE: S 48 degrees 39~39#E for a distance of 743.75 feet and
N 41 degrees 44~50"E for a distance of 1402.33 feet
along the said Westchester Park Phase One Addition for corner;
THENCE: S 48 degrees 30~39"E crossing Arnold Road and along the
southwest line of Schaffer Road for a distance of 1496.57 feet to
the POINT OF BEGINNING and containing 297.6 acre of land, more or
less.
Ordinance No. 1949 Page ?
E~IBIT B
SERVICE PLAN
On March 12, 1992, the city Council of the City of College
Station annexed properties located within the City's Extra-
Territorial Jurisdiction into the City. These properties are
illustrated in Figure 1.
This plan provides a program under which the City of College
Station will provide full municipal services to the annexed area.
The timing of service provision will vary depending on the
service. All services will be provided within 4 1/2 years unless
changed conditions or subsequent occurrences make the service
plan unworkable or obsolete. In such event, the City shall amend
the service plan to conform to the changed conditions or sub-
sequent occurrences as provided in Local Government Code
S43.0§6(h). However, the following services shall be provided
not later than sixty (60) days following the effective date of
annexation=
1)
2)
a)
4)
5)
6)
police protection;
fire protection
solid waste collection
maintenance of roads and streets, including road and
street lighting;
maintenance of parks, playgrounds and swimming pools;
and
maintenance of any other publicly owned facility,
building, or service.
For the purpose of this plan, "full municipal services" includes
any service funded in full or in part by municipal taxes and pro-
vided by the City of College Station within its full-service
boundaries. Municipal services to be provided within the annexed
area may be by any of the methods by which City provides services
to other comparable areas.
Municipal services within the annexed area are to be provided at
the same level as such services are provided to other comparable
areas of the City. Specifically, comparable areas of the City
are those portions of the city that have similar characteristics
of topography, land use and population density.
Police Protection
Police protection and police services will be provided to the
annexed properties immediately following the effective date of
annexation. Services will include patrolling, responses to
calls, investigations and other routine police services.
Police protection and services will be provided at the same level
as provided to other comparable areas within College Station.
Ordinance No. 1949 Page 8
I
I
~leznent.~?
AREA
NO. 1
AREA
NO. 2
PLANNING DIVISION
City
CASE
TYPE
of College Station, Texas
NUMBER= 92-600
OF CASE= ANNEXATION
Figure 1
Ordinance No. 1949 Page 9
Fire Protection
Fire protection through suppression and prevention will be pro-
vided immediately following the effective date of the annexation.
Protection through reactive services will be provided through
response to calls. Protection through proactive services will be
provided through fire co~e enforcement and inspection activities.
Construction an~ development activities undertaken after the
effective date of annexation shall comply with all building and
fire safety codes of the City of College Station.
Solid Waste Collection
Solid waste collection services will be provided to the annexed
properties immediately following the effective date of annexa-
tion. In order to secure solid waste collection services, each
property owner must first contact the City of College Station
Sanitation Division to enable the Sanitation Division to deter-
mine the appropriate type of service for that property. After
determining the service desired, a utility account must be
established for that location before service can begin.
Water and Wastewater
The area to be annexed is currently serviced by another water
utility, Wellborn Water Supply Corporation, a private corpora-
tion. Within 4 1/2 years of the effective date of annexation, the
City of College Station shall take over water service from
Wellborn Water and provide this service the annexed properties.
During this transition period, the assumption of water services
by the City of College Station shall be scheduled inasmuch as it
is possible so as to prevent the disruption of water services to
the annexed properties.
The City of College Station shall design wastewater facilities
for developed tracts within the area annexed. Construction of
wastewater collection facilities to serve the developed tracts
along Graham Road will begin in 1992. Wastewater collection
facilities to serve these tracts are projected to be in place by
1992.
Undeveloped tracts in the annexation area are currently used for
agricultural purposes (primarily grazing). These tracts do not
require sanitary sewer service at this time. The extension of
wastewater facilities to undeveloped tracts will be made in
accordance with the subdivision regulations and development poli-
cies in effect at the time such services are provided. Such
extension of services shall be made and fun~ed in the same manner
as extensions made in other comparable portions of the City.
Those property owners in the annexation area who have petitioned
for annexation have entered into a prepetition agreement for the
cost of extending wastewater collectlon facilities.
Ordinance No. 1949 Page 10
Tracts that are annexed into the City of College Station at the
Clty~s initiation will not be assessed until such time as the
City implements an Impact Fee Ordinance. Should the City adopt
such an ordinance the City reserves the right to le%-f an impact
fee to the properties annexed for the use of the wastewater
facility improvements in accordance with Chapter 395 of the Texas
Local Government Code.
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 City-wide basis.
Roads, Streets, including Street Lights
Roads and streets in the area annexed will be maintained by the
City of College Station and will be added to the Cityts Pavement
Management System immediately following annexation. Maintenance
priorities shall be determined on a City-wide basis taking into
consideration such factors as= street width, volume of traffic,
street conditions, nature of maintenance needs, and public safety
hazards.
A 1000 ft. portion of Graham Road shall be annexed into the cor-
porate limits of the City of College Station. The balance of
Graham Road will not be annexed into the City and shall therefore
be outside of the City corporate limits. However, The City of
College Station agrees to maintain all of Graham Road after the
effective date of annexation provided however that Brazos County
first reconstructs the entire road to a standard that is accept-
able to both the County and the City. If Graham Road is im-
proved, the City reserves the right to assess adjoining proper-
ties in accordance with Chapter 3, Section 3 of the Code of
Ordinances.
Current area street lighting will be maintained by the City of
College Station as soon as the electrical distribution system for
the annexed area has been acquired by the City of College Station
from the City of Bryan.
The sufficiency of the area~s street lighting will be reviewed
after the acquisition of the system. Street lights will be
installed and maintained in a manner consistent with standards
established for other comparable portions of the City.
Parks, Playgrounds, Swimming Pools.
There are no existing parks, playgrounds or swimming pools within
the area to be annexed. There are, however, a sufficient number
of parks, playgrounds, and swimming pools located in the general
vicinity to service the area to be annexed at a standard that
meet or exceeds the current Parks and Recreation Department stan-
dard for services in other comparable areas of College Station.
Ordinance No. 1949 Page 11
Additional park development in the area will be addressed through
the development standards and procedures of the City as addi-
tional residential development occurs. Such park development
includes, but is not limited to, dedication of parkland and/or
money in lieu of land in accordance with the City of College
Station subdivision regulations.
Publicly Owned Buildings, Services or Facilities.
There are no publicly owned buildings in the area to be annexed.
Wellborn Water Supply Corporation is a private corporation that
currently provides water service and owns water facilities in the
area. Ownership of those facilities will remain with Wellborn
Water Supply Corporation.
Electrical services and facilities are currently provided by the
City of Bryan. These services and facilities will be acquired by
the City of College Station as provided by written agreement be-
tween the cities of Bryan and College Station.
Water and Wastewater Utility Policy
The water and wastewater utility extension policy of the City of
College Station, as evidenced through the ordinances and develop-
ment practices of the City, is as follows:
The cost of water and wastewater facilities necessary to
serve development within a subdivision plat or land develop-
ment shall be borne by the developer of the plat or land;
The cost of off-site extension of water and wastewater
facilities to serve a plat or land development shall be
borne by the developer of the plat or land. Where such ex-
tension 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 develop-
ment of an area;
The City may, from time to time, include the construction of
water and wastewater facilities in its Capital Improvements
Programs. Lines and facilities included in such programs
shall be determined on a City-wide basis. Priorities shall
be established by the CIP plans of the City, growth trends
and direction and the Council through its development plans
and policies.
Capital Improvements
Capital improvements that are necessary to provide "full munici-
pal services" to the area are limited to the water and wastewater
collection facilities and have been addressed in the preceding
Sections of this Service Plan. The location of facilities to be
constructed or acquired is reflected in Figure 2.
Ordinance No. 1949 Page 12
Validity and Amendment
Upon approval by the City Council of the City of College Station
this plan becomes a contractual obligation. This plan is valid
for ten years from the date of its adoption. Renewal of the ser-
vice plan is at the discretion of the City of College Station.
This service plan may be amended or revised in accordance with
Local Government Code S43.056(h).
Ordinance No. 1949 Page 13
/
Figure 2