Loading...
ORD 2012-03 - Annexing TerritoryORDINANCE NO. 2012-03 ORDINANCE ANNEXING TERRITORY AN ORDINANCE ANNEXING THE HEREINAFTER DESCRIBED TERRITORY TO THE CITY OF HUNTSVILLE, WALKER COUNTY, TEXAS, AND EXTENDING THE BOUNDARY LIMITS OF SAID CITY SO AS TO INCLUDE SAID HEREINAFTER DESCRIBED PROPERTY WITHIN SAID CITY LIMITS, AND GRANTING TO ALL THE INHABITANTS OF SAID PROPERTY ALL THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING SAID INHABITANTS BY ALL OF THE ACTS, ORDINANCES, RESOLUTIONS, AND REGULATIONS OF SAID CITY; AND ADOPTING A SERVICE PLAN. WHEREAS Section 43.028 of the Texas Local Government Code and Article II, Section 2.01 of the Charter of the City of Huntsville, Texas, an incorporated city, authorizes the annexation of territory, subject to the laws of this state; and WHEREAS Pursuant to Resolution 2011 -18, the City of Huntsville ordered public hearings where all interested persons would be provided the opportunity to be heard on the proposed annexation of the property described hereto; and WHEREAS Notices of such public hearings were published in the Huntsville Item, a paper having general circulation in the City of Huntsville, Texas and Walker County, Texas, on Sunday, August 21, and September 4, 2011, which dates were not more than 20 days nor less than 10 days prior to the date of the opening of such public hearings; and WHEREAS The public hearings were held at 6:00 p.m. on Tuesday, September 6, 2001 and September 20, 2011 in the City Council Chambers of the City Council at City Hall, 1212 Avenue M, Huntsville, Texas, which dates are not more than 40 days nor less than 20 days prior to the consideration of this ordinance; and WHEREAS The procedures prescribed by the Texas Local Government Code and the Charter of the City of Huntsville, Texas, and the laws of this state have been duly followed with respect to the following described territory, to wit: 72.09 TOTAL ACRES (2 Tracts) FIELD NOTES Tract No. 1 Being 24.04 acres, more or less, situated in the WARREN BIRDSELL LEAGUE. A -6, Walker County, Texas and being out of and a part of the called 71 acre "Second Tract" conveyed by J.H. Thomason and wife, Marguerite E. Thomason, and Mabel S. Eastman to Horace Smith and wife, Alverta Smith, by deed dated March 22, 1940, recorded in Volume 94, Page 190, Walker County Deed Records, said 24.04 acres being described by metes and bounds as follows: BEGINNING at the northwest corner of the herein described 24.04 acre tract, same being the northwest corner of said 71 acre tract, said point also being in the south line of a called 219 acre tract referred to as the "First Tract"; THENCE S 89° 59' E with the division line between "First Tract" and the "Second Tract", 668.1 feet to an iron rod for a corner; THENCE South, 1,567.4 feet to an iron rod for corner in the south line of said "Second Tract"; THENCE West, with said south line of the "Second Tract" 668.1 feet to an iron rod for the southwest corner of the same; THENCE North with the west line of said "Second Tract", 1,567.6 feet to the Point of Beginning. Tract No. 2 Being 48.05 acres, more or less, situated in the, WARREN BIRDSELL LEAGUE, A-6, Walker County, Texas, and being out of and a part of a called 219 acre "First Tract" and a called 71 acre "Second Tract", conveyed by J.H. Thomason and wife, Marguerite E. Thomason, and Mabel S. Eastman to Horace Smith and wife, Alverta Smith, by deed dated March 22, 1940, recorded in Volume 94, Page 190, Walker County Deed Records, said 48.05 acres being described by metes and bounds as follows: BEGINNING at a concrete monument at the southeast corner of the "First Tract", the northeast corner of the "Second Tract" and the west line of the City of Huntsville airport property; THENCE S 000 0 4 ' E, along the division line between said airport property and the "Second Tract", 1,566.9 feet to a concrete monument at the southeast corner of said 71 acre "Second Tract"; THENCE WEST along the south line of said "Second Tract", 1,278.9 feet to an iron rod for corner; THENCE NORTH, 1,627.4 feet to an iron rod for corner; THENCE N 89°05E, 1,290.09 feet to an iron rod set in the east line of said "First Tract" and the west line of said City of Huntsv i 11 e airport property; THENCE S 09°28'W, along said division line between the "First Tract" and airport property, 82.1 feet to the POINT OF BEGINNING. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS: 1. That the heretofore described property is hereby annexed to the City of Huntsville, Walker County, Texas, and that the boundary limits of the City of Huntsville be and the same are hereby extended to include the above described territory within the city limits of the City of Huntsville, and the same shall hereafter be included within the territorial limits of said city, and the inhabitants thereof shall hereafter be entitled to all the rights and privileges of other citizens of the City of Huntsville and they shall be bound by the acts, ordinances, resolutions, and regulations of said city. 2. A service plan for the area is hereby adopted and attached as Exhibit A. The City Secretary is hereby directed to file with the County Clerk of Walker County, Texas, a certified copy of this ordinance. First reading of Ordinance — October 4, 2011 PASSED by the City Council with 9 ayes and nays, this, the 18th day of October 2011. Exhibit A Annexation Service Plan The City of Huntsville will provide municipal services to the annexed area as required by federal, state, and local laws, and in a similar manner as is provided to areas within the City limits of like topography, land use, and population density. tt Springs Road City of Huntsville Transfer Station City of Huntsville.. Airport NOTE: These data ere to he used for graphi.al remxentan.n, only. The accuracy is to he taken /asst as dataprodumd for mpine.ring purposes rn 1st Rep *Mred Professional l.anJ SUrys r for the Slate of Texas. F.0 lhi. le. el N eerehealtnnof the produced data by a Registered Professional Land Surveyor for the rState of Texas would have to he performed. Thetity of Huntsvilensxuines nn responsJnlity for the arrur y of stud date. A 1 inch = 1,000 feet Amended 9 -26 -2011 by RK Proposed Property for Annexation Legend City Limits Property Lines -- Proposed Property City Council Meeting Agenda Item Item Title: Annexation Ordinance Requested By: Rose Kader, Planner Date: 10/18/2011 Dept./Div: Dept. Approval: 716 AK Agen l Item No.: Finance approval: Issue/Item Description: Consider the proposed annexation of 72.09 acres (two tracts): Tract No. 1 Being 24.04 acres, more or less, situated in the WARREN BIRDSELL LEAGUE. A-6, Walker County, Texas and being out of and a part of the called 71 acre "Second Tract" conveyed by J. H. Thomason and wife, Marguerite E. Thomason, and Mabel S. Eastham to Horace Smith and wife, Alverta Smith, by deed dated March 22, 1940, recorded in Volume 94, Page 190, Walker County Deed Records. Tract No. 2 Being 48.05 acres, more or less, situated in the, WARREN BIRDSELL LEAGUE, A-6, Walker County, Texas, and being out of and a part of a called 219 acre "First Tract" and a called 71 acre "Second Tract", conveyed by 3. H. Thomason and wife, Marguerite E. Thomason, and Mabel S. Eastham to Horace Smith and wife, Alverta Smith, by deed dated March 22, 1940, recorded in Volume 94, Page 190, Walker County Deed Records. Background: Resolution 2011-18 set two (2) public hearings on a petition for annexation of 74.00 acres of land as requested by the City Manager of recently purchased City property. The land is currently vacant and is located next to the airport. It is required that two (2) public hearings be held to receive comments on the petition for annexation. The public hearings were September 6 and 20, 2011. Facts to Consider: • The property being annexed is City-owned property. Fiscal Impact/Funding Source(s): None at this time. No cost to provide services to the area is expected. Attachment(s): • Ordinance 2012-03 with Service Plan • Map of proposed properties to be annexed Recommendation motion(s): Approval of Ordinance 2012-03 with Service Plan. MOTION:DI 1)30SECONDX..e..401(2._ VOTE: C) 1- PRESENTED la TABLED OTHER APPROVED E DECLINED ACTION