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
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