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Home My WebLink About2008-3118 - Ordinance - 09/25/2008ORDINANCE NO, 3118 AN ORDINANCE OF THE CITY OF COLLEGE STATION, TEXAS, PROVIDING FOR THE EXTENSION OF THE BOUNDARY LIMITS OF THE CITY OF COLLEGE STATION, ANNEXING CERTAIN TERRITORY ADJACENT TO THE PRESENT BOUNDARY LIMITS OF THE CITY OF COLLEGE STATION; APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY; 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, on June 12, 2008, the City Council of the City of College Station approved a petition for annexation of the subject property. WHEREAS, on August 6, 2008, the City Council of the City of College Station directed staff to prepare a service plan for the 1.02 acres of land identified for annexation; and WHEREAS, the City Council finds that all the required notices were given in the time and manner required by law; and WHEREAS, public hearings before the City Council were held in the Council Chambers on August 18, 2008 and August 28, 2008, both dates being on or after the 20` day but before the 40 day before the date of the institution of the annexation proceedings 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 tract of land described in Exhibit A, 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 2: The Service Plan, Exhibit B, attached hereto and made a part of this ordinance for all purposes, which provides for the extension of municipal services to the annexed property, is approved as part of this ordinance. The Service Plan was made available for public inspection and explained at the public hearings held on August 18, 2008 and August 28, 2008. PART 3: Should any part of this ordinance be held illegal or invalid for any reason, the holding shall not affect the remaining sections or portion of sections or provisions of this ordinance. PART 4: That upon final approval and after the effective date of this ordinance, all property annexed shall be zoned C -2 (Commercial Industrial) as recommended by the Planning & Zoning Commission and approved by the City Council on August 6, 2008. ORDINANCE NO. 3118 Page 2 PART 5: That, 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 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: That this ordinance shall become effective immediately upon its passage and approval by the City Council. PASSED, ADOPTED and APPROVED this 25th day of September, 2008. APPROVED: Mayor A EST: City Secretary APPROVED: Co ttorney OR EXHIBIT A DINANCE NO. 3118 Page 3 METES AND BOUNDS DESCRIPTION OF A 1.02 ACRE TRACT (PROPOSED ANNEXATION TRACT) REPLAT OF ROCK PRAIRIE WEST BUSINESS PARK, PHASE I CRAWFORD BURNETT LEAGUE, ABSTRACT NO.7 BRAZOS COUNTY, TEXAS Metes and bounds description of all that certain 1.02 acre tract or parcel of land, being a proposed annexation tract, lying and being situated in the Crawford Burnett League, Abstract No. 7, Brazos County, Texas and being a portion of Lot 7R, Block Two, Replat of Rock Prairie Business Park, Phase I, as depicted by plat recorded in VOLUME 6121 PAGE 222 of the Official Records of Brazos County, Texas, said 1.02 acre tract being more particularly described as follows: BEGINNING: at a %" iron rod with cap (stamped Taggart RPLS 5676) found marking the north corner of said Lot 7R and lying in the southeast right -of -way line of Rock Prairie Road West; THENCE S 45 36' 31" E — 330.63 feet with the northeast line of said Lot 7R to a' /Z" iron rod with cap (stamped Taggart RPLS 5676) set for corner in said line and marking the proposed College Station Annexation line; THENCE S 44 22' 00" W — 133.76 feet across said Lot 7R with said proposed Annexation line to a %" iron rod with cap(stamped Taggart RPLS 5676) found for corner in the southwest line of said Lot 7R and being the east corner of Lot 6R, Block Two; THENCE N 45° 38' 02" W — 330.63 feet with the common line between said Lot 7R and said Lot 6R to a'' /z" iron rod with cap (stamped Taggart RPLS 5676) found for common north corner of said lots, and lying in said Rock Prairie Road West right -of -way line; THENCE N 44 22' 00" E — 133.91 feet with said right -of -way line to the PLACE OF BEGINNING, and containing 1.02 acres of land. BASIS OF BEARING: Replat of Rock Prairie West Business Park, Phase I, as recorded in VOLUME 6121 PAGE 222. See Exhibit Drawing issued contemporaneously for more information. May 2008 Adams, Taggart and Associates College Station, Texas O F e coo' .AR Surveyed by: 7 .� �g gart .�..� . 9 RY K TAGGT .• Gregory K. L.S. No. 56 ( !S �'L ss�� ?'' Is 000347 -f.20 (4048) ORDINANCE NO. 3118 1 Page 4 I SEE METES AND BOUNDS FOR FURTHER INF❑RMATI ❑N. I ROCK f PRAIRIE ROAD W. (100' RIGHT OF' WAY - BY PLAT VOL 352 PG. 555) EXISTING N 44'22'00" E N 2943.62' EASEMENOI J OINT ACCESS - -- -- - -, --- -------- - - - --�— T(05-2.lf" 13370 133.91 249.37 , 8 I I I P103, T 4R I LOT 5R I LOT 6R LOT 7R AC. 1.02 AC. 1.02 AC. o CD c0 M M M MI M LOT 1 I IM K)I 1.02 AC r- 3.39 ACRES (ANNEXATION N AREA) rn ul 04 1 /2'IRS 2 \ cq w rn 5.70' 133.70' 133.70' I 133.76' a `l M 22'00" E N 534.80' c LO o �o0 2400 BLOCK � TWO PROPOSED CITY OF I s�lt�:•1r= COLLEGE STATION 2 ANNEXATION LINE r I w 00 F n L- o C-4 \ rP E M - co GREGORY K. TAGGART ILO 5676 c:� I r -- ----- - - - - -- — _ ............. ........ - -- s J -- - - -- - - - -r� 544'17'54�'W -- -_7` -- 1 33.63 249.74 E N 1243 .34' - 8.38 NOW OR FORMERLY CTEC LTD ADAMS. TAGGART, AND ASSOCIATES I 2. ACRES 2551 TEXAS AVENUE SOUTH, SUITE A COLLEGE STATION, TX 77840 - Ph: (979 ) 693 -5359 Fx: (979 ) 693 -4243 ENGINEERS, SURYEYORS, PLANNERS ADAMS, TAGGART, CONSULTANTS, MANAGERS Q ASSOCIATES C:' 'rogramills D1oCAD 20D2 \O,awin02.dwg, 5i15R0118 5:.8:71 PM, HP lawJet 4 PIm.{z3, u 1:er ORDINANCE NO. 3118 EXHIBIT B CITY OF COLLEGE STATION SERVICE PLAN FOR THE AREA TO BE ANNEXED EFFECTIVE 25 SEPTEMBER 2008 1. ANNEXATION AREA Page 5 The annexation area is located in the City of College Station's Extraterritorial Jurisdiction. The property is illustrated in Figure I and generally described below: General Description — the front portion of Lot 7R of Block 2 of the Rock Prairie Road West Business Park., located in the 3200 block of Rock Prairie Road West, generally located on the south side of Rock Prairie Road West, approximately 2,000 feet west of the intersection of Rock Prairie Road and Wellborn Road and consisting of 1.02 acres. 11. INTRODUCTION This service plan has been prepared in accordance with the TEXAS LOCAL GOVERNMENT CODE, Sections 43.021, 43.065, and 43.056(b) -(o) (Vernon 1999, AND VERNON SUPP. 2007, as amended from time to time). Municipal facilities and services to the annexed area described above will be provided or made available on behalf of the City in accordance with the following plan. This plan provides a program under which the City of College Station will provide full municipal services to the annexed area. All services will be provided within the time provided in TExAS LOCAL GOVERNMENT CODE, Section 43.056(8). This Service Plan does not: • require the creation of another political subdivision; • require a landowner in the area to fund the capital improvements necessary to provide municipal services in a manner inconsistent with Chapter 395, Texas Local Government Code; or • provide services in the area in a manner that would have the effect of reducing by more than a negligible amount the level of fire and police protection and emergency medical services provided within the corporate boundaries of the municipality before annexation. The level of services, infrastructure, and infrastructure maintenance provided to the annexed area is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the City with topography, land use, and population density similar to those contemplated or projected in the annexed area. ORDINANCE NO. 3118 FIGURE I 1 ob Page 6 . . .......... 143 lio 1 ob Page 6 ORDINANCE NO. 3118 III. SERVICE COMPONENTS Page 7 This plan contains three service components: (1) Immediate Services, (2) Additional Services, and (3) Capital Improvement Program. Immediate Services As required by TEXAS LOCAL GOVERNMENT CODE, SECTION 43.056(B), certain municipal services will be provided by the City of College Station immediately upon the effective date of annexation. These services include: • police protection; • fire protection; • emergency medical services; • solid waste collection, except as provided by Subsection 43.056(o); • 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. *Note: Street lighting will be maintained for fixtures located within the service territory of College Station Utilities. A. Police Protection Currently, the annexation area is under the jurisdiction of the Brazos County Sheriff s Department. Upon annexation the College Station Police Department will provide police service, including routine patrol, traffic enforcement, and dispatch response to emergency and non - emergency service calls. B. Fire Protection Currently, the annexation area is under the jurisdiction of Brazos County Emergency Services District No. 1. Upon the effective date of annexation, 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. Construction and development activities undertaken after the effective date of annexation shall comply with all building, life safety and fire safety codes of the City of College Station, C. Emergency Medical Services Currently, the annexation area is under the jurisdiction of Brazos County Emergency Services District No. 1. Upon the effective date of annexation, the College Station Fire Department will provide emergency medical services (EMS). Each Fire Department ambulance, engine, and ladder truck is capable of providing EMS, including defibrillation, medical administration, IV therapy, advanced airway management, and initial treatment of injuries. In general, the Fire Department's goal is to provide an EMS response time of five minutes or less. D. Solid Waste Collection The annexation area is currently vacant and not provided with solid waste service. Upon the effective date of annexation, the College Station Public Works Department will provide fee -based solid waste collection service for future residential and/or commercial customers. 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, ORDINANCE NO. 3118 Page 8 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. In order to secure solid waste collection services in the annexed areas, 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 service trucks servicing containers. E. 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 annexation area is within the certificated water service territory of Wellborn Special Utility District (WSUD), therefore, water service will be provided by WSUD. The annexation area is currently not provided with wastewater service. The level of wastewater service, infrastructure and infrastructure maintenance provided in the annexed area 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 annexed area may be provided by any of the methods in which the City provides services to other comparable areas. F. Roads and Streets There are no roads or street included in the annexation area. G. Parks and Recreation Facilities There are no public parks, playgrounds or swimming pools in the area proposed for annexation. H. Other Publicly Owned Buildings and Facilities The City of College Station is not aware of the existence of any publicly owned buildings in the area proposed for annexation. ORDINANCE NO. 3118 Page 9 Additional Services A. Building Permitting and Inspections Currently, there is no permitting and inspection authority for the annexation area. Upon the effective date of annexation, the City will provide building permits and inspection services. 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. Construction activities underway prior to annexation may continue provided that all construction after annexation must comply with City codes and ordinances. All permits required by City codes and ordinances must be obtained for construction underway at the time of annexation. B. Planning and Development Services Currently, there is no planning authority for the annexation area. Upon the effective date of annexation, planning and development services will be provided through the administration of the Unified Development Ordinance and the Subdivision Regulations, Chapter 9 of the College Station Code of Ordinances. Upon the effective date of annexation, the property will be zoned C -2 (Commercial Industrial) per Ordinance No. 3091, approved by the City Council on 6 August 2008. 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 service 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 Enhancement The Fire Department will provide Community Enhancement services upon the effective date of annexation. Community Enhancement services include response and investigation of sanitation issues, illegal signs, abandoned or inoperable motor vehicles, and zoning violations. E. Recycling Collection For residential customers electing solid waste collection from the City of College Station, curbside recycling collection is also 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 ORDINANCE NO. 3118 IV. WATER AND WASTEWATER SERVICE PROVISION Page 10 This Water and Wastewater Service Plan ( "Plan ") provides a program under which the City of College Station will provide full municipal services to the annexed area. For the purpose of this plan, "full municipal services" includes water and sewer services provided by the City within its full- purpose boundaries. The level of water and sewer service, infrastructure and infrastructure maintenance provided in the annexed area 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 annexed area may be any of the methods by which the City provides services to other comparable areas. All services will be provided within the time provided in TEXAS LOCAL GOVERNMENT CODE SEC. 43.056(B). The City may extend facilities under this plan or otherwise serve this area through the use of Impact Fees as permitted under CHAPTER 395 OF THE TEXAS LOCAL GOVERNMENT CODE. Water and Wastewater facilities for future development that increases densities beyond the capital improvements specified in this plan will be extended in accordance with the City's Water and Wastewater policy in existence at the time of development. The water and wastewater extension policy is discussed in Section V, Water and Wastewater Capital Improvements. In general, the policy for extension of 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 of infrastructure projects being installed by developers. As an area develops, developers or homeowners extend water distribution and wastewater collection lines to individual lots. Until an area becomes densely populated, the cost of utility extension is not feasible to be borne by a few lot owners. Also, in the case of wastewater treatment, developments with large lots will normally be constructed with on -site sewage facilities that are privately owned and operated. Water Water service in the annexation area is currently within the water service territory of WSUD. The City of College Station does not have the right to serve areas outside of our CCN, therefore, no water infrastructure will be provided to the annexation area following annexation. Wastewater Currently, there is no wastewater service to the proposed annexation area. However, at just over an acre in size, it is large enough to be served by a private on -site sewer facility. The City of College Station recently extended the Steeplechase sewer line across Rock Prairie Road West, near I &GN Road and future development in the annexation area may access the existing public sewer line through a combination of gravity lines and/or force mains. Exhibit "A" illustrates this sewer service line. As in other areas of College Station with similar topography, land use, and population density, the annexation area could be served by a private sewer treatment system. However, at the owner's expense, the existing public sewer line on Rock Prairie Road West may also be utilized. ORDINANCE NO. 3118 V. CAPITAL IMPROVEMENTS Page 11 Should the City make capital improvements to serve the annexed areas, the City reserves the right to levy an impact fee to the properties annexed according to 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 in 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 areas 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 reasonable contemplated or projected h the area. It is anticipated that the implementation of police patrol activities can be effectively accommodated within the current budget and staff appropriation. B. Fire Protection (including EMS and Community Enhancement) Fire protection will be provided to the annexed areas 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 reasonable contemplated or projected in the area. It is anticipated that fire protection activities can be effectively provided within the current budget and staff appropriation. C. Solid Waste Collection Solid waste collection services will be provided to the annexed areas through the City's existing facilities or through franchise agreements with private services 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 reasonable contemplated or projected in the area. It is anticipated that solid waste collection can be effectively accommodated within the current budget and staff appropriation. D. Maintenance of Public Roads and Streets N/A — Roads and /or streets are not part of the annexation area. 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 in the annexed areas 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 N/A - Public buildings and facilities are not included in the annexation area. ORDINANCE NO. 3118 Page 12 WATER AND WASTEWATER CAPITAL IMPROVEMENTS The water and wastewater utility extension policy of the City of College Station is as follows: The cost of off -site extension of water and wastewater facilities to serve a lot, tract, plat, or land development shall be borne by the owner or developer of the bt, tract, plat, or land by direct installation or through the use of Impact Fees. 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 costof construction so as to provide for additional capacity for the overall development of an area. The cost of water and wastewater facilities necessary to serve existing lots or new development within a subdivision plat or land development shall be borne by the lot owner or developer of the plat or land by direct installation or through the use offmpact Fees. Standard tap fees or other installation fees in effect on a citywide basis are in addition to impact fees levied. ANNEXATION AREA Water The annexation is located within the water CCN service territory of WSUD. No water infrastructure will be provided to this area after annexation. Properties located within the water CCN service territory of WSUD will continue to be served by WSUD after annexation. Wastewater The property within the annexation area is not currently served by sewer (private or public). Future development on the property may utilize a private on -site sewer treatment system or access the public sewer line in a manner consistent with the City's utility extension policy. Vi. LEVEL OF SERVICES TO BE PROVIDED It is the intent of the City of College Station to provide the level of services required by State law. The City Council finds and determines that theservices, infrastructure and infrastructure maintenance proposed by this plan 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 plan 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. VII. TERM This service plan shall be valid for a term of ten (10) years. Renewal of the service plan shall be at the discretion of City Council. Vill. AMENDMENTS The service plan may be amended if the City Council determines at a public hearing that changed conditions or subsequent occurrences make this service plan unworkable or obsolete. The City Council may amend the service plan to conform to the changed conditions or subsequent occurrences pursuant to the TEXAS LOCAL GOVERNMENT CODE, Section 43.056 (Vernon 1999 and Vernon Supp. 2007). ORDINANCE No. 3118 Page 13 APPENDIX Exhibit "All Atli F' Z O(t) m t� ig X UJ Z z i t N tO 0 (u a r