ORD 1994-33 - Annexation - Highway 75 North 09-13-1994ORDINANCE NO. 94 -33
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HUNTSVILLE, TEXAS, PROVIDING FOR THE ANNEXATION OF
CERTAIN TERRITORY (HIGHWAY 75 NORTH) THAT LIES ADJACENT
TO AND ADJOINS THE PRESENT BOUNDARY LIMITS OF THE CITY
OF HUNTSVILLE, TEXAS; APPROVING A SERVICE PLAN FOR THE
AREA; AND MAKING VARIOUS OTHER FINDINGS AND PROVISIONS
RELATED THERETO.
WHEREAS Pursuant to Ordinance 94 -20, 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 in Exhibit "A" attached 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, July 31, 1994, and Sunday, August 7, 1994, 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 5:30 p.m. on Thursday, August 11, 1994, and
Thursday, August 18, 1994, 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 During the hearings the proposed service plan was made available for inspection
and explained to the inhabitants of the areas to be annexed at that time; and
WHEREAS The City of Huntsville has a population in excess of 25,000 but less than 49,999
inhabitants; and
WHEREAS The above described property lies within the extraterritorial jurisdiction of the
City of Huntsville, Texas; and
The corporate area of the City of Huntsville, Texas, was approximately 13,284
acres on the 1st day of January, 1994; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
HUNTSVILLE, TEXAS, that:
Section 1:
The following described land and territory lying adjacent to and adjoining the
City of Huntsville, Texas, is hereby added and annexed to the City of Huntsville,
Texas, and the territory hereinafter described shall hereinafter be included within
the boundary limits of the City of Huntsville, Texas, and the present boundary
limit of the City, at the various points contiguous to the area hereinafter
described, are altered and amended so as to include the area within the corporate
limits of the City of Huntsville Texas, described in "Exhibit A ", attached.
Section 2:
Section 3:
Section 4:
Section 5:
The Service Plan attached to this ordinance (Exhibit "B "), and made a part hereof
for intents and purposes, is hereby adopted and approved as the Service Plan for
the area annexed by this ordinance.
The above described territory and the area so annexed shall be a part of the City
of Huntsville, Texas, and the property so added shall bear its pro rata part of the
taxes levied by the City of Huntsville, Texas, and the inhabitants thereof shall be
entitled to all of the rights and privileges of all the citizens of Huntsville and shall
be bound by the acts, ordinances, resolutions and regulations of the City of
Huntsville, Texas.
Upon final passage, the property previously restricted as single family residential
shall be zoned as "NC ", neighborhood conservation district, and all other
property shall be zoned as "M ", management district as shown on the amendment
to the official zoning map of the City, attached hereto as "Exhibit C". This
zoning classification shall be temporary. The City Planning Officer and City
Planning and Zoning Commission are hereby directed to commence proceedings
to make a recommendation to City Council for permanent zoning within six (6)
months.
The City Secretary shall file a certified copy of this ordinance with the County
Clerk within thirty (30) days of notice of U. S. Justice Department approval of
this annexation.
Section 6: This ordinance shall take effect immediately upon its passage by Council.
PASSED AND APPROVED this the 13th day of September, 1994.
THE CITY OF HUNTSVILLE
W. H. Hodges, ayor
ATTEST:
06;644AJOIeltu)
Danna Welter, City Secretary
APPROVED:
Scott Bounds, City Attorney
EXHIBIT "A"
S. H. 75 NORTH
BEGINNING at a point for the southeast corner of a called 38.32 acre tract as described as the
"Fourth Tract" in a Deed from Marguerite E. Thomason to Rawle B. Thomason, et al, dated August 29,
1955 and recorded in Volume 151, Page 259, Deed Records of Walker County, Texas, said corner being
a southwest corner of Wynne State Prison Farm as per deed recorded in Volume Y, Page 181, Deed
Records and also being in an existing city limits line as per Ordinance No. 81 -4 known as Area "T2" and
dated January 13, 1981, said point being in the south line of the WARREN BIRDSELL LEAGUE,
Abstract No. 6 and a north line of the P. GRAY LEAGUE, Abstract No. 24;
THENCE Westerly, with the common line of the BIRDSELL and GRAY LEAGUES, at 2358.38
feet pass the southwest corner of the BIRDSELL LEAGUE and the southeast corner of the HILLARY
M. CRABB SURVEY, Abstract No. 15 and also being the southeast corner of a called 111.5 acre tract
known as the "First Tract" in a Gift Deed from Wilbourn S. Gibbs to Sam Houston Foundation, dated
December 12, 1978 and recorded in Volume 329, Page 794, Deed Records and by another Deed from
Lawrenceville School to Sam Houston State University (S.H.S.U.), dated June 24, 1993 and recorded
in Volume 0197, Page 557, Official Records of Walker County, Texas, continuing with the common line
of said CRABB and RANDOLPH SURVEYS, for a total distance of 5998.08 feet to the southwest corner
of said S.H.S.U. tract, same being the southeast corner of a called 60.76 acre tract described in a Deed
from Clarence Alexander, et al to Mrs. Annie B. Fraiser, dated November 11, 1929 and recorded in
Volume 65, Page 536;
THENCE N00 °31'26 "E, with the west line of said S.H.S.U. tract and the east line of said 60.76
acre tract to a point in said 60.76 acre tract if the lower north line of said 60.76 acre tract was extended;
THENCE Westerly, across said 60.76 acre tract to its ell corner, same being the southeast corner
of a called 75.00 acre tract as described in a Deed from Mance E. Park to Mance Michael Park, dated
July 23, 1985 and recorded in Volume 448, Page 684, Deed Records;
THENCE S89 °37'50 "W, with the north line of said 60.76 acre tract and the south line of said
75.00 acre tract, for a distance 2699.17 feet to a point for the southwest corner of said 75.00 acre tract,
same being the southeast corner of a called 68.1543 acre tract as described in a Deed from Frank L. Park
to Mance Michael Park, dated January 10, 1994 and recorded in Volume 0213, Page 528, Official
Records;
THENCE N00 °24'47 "W, with the west line of said 75.00 acre tract and the east line of said
68.1543 acre tract at 865.49 feet pass the northwest corner of said 75.00 acre tract, same being the
southwest corner of a called 150.00 acre tract as described in a Contract of Sale from the Veteran's Land
Board to Mance E. Park, dated January 6, 1953 and recorded in Volume 145, Page 40, Deed Records,
continuing with the east line of said 60.1543 acre tract and the west line of said 150.00 acre residue tract
for a total distance of 2669.40 feet to a point for the northwest corner of said 150.00 acre residue tract
and the northeast corner of said 68.1543 acre tract, said point being in the south line of a called 4.22 acre
tract as described in a Deed from Ronnie L. Williams, et al to Phillip Campbell, dated May 8, 1985 and
recorded in Volume 445, Page 797, Deed Records;
THENCE N86 °W, with the north line of said 68.1543 acre tract at 71.51 feet pass a point for
the southwest corner of said 4.22 acre tract, same being the southeast corner of a called 5.00 acre tract
as described in a Deed from Kerry L. Wiggins, et al to Mance Michael Park, dated July 30, 1993 and
recorded in Volume 0200, Page 858, Official Records, continuing with the north line of said 68.1543
acre tract and the south line of said 5.00 acre tract, for a total distance of 518.71 feet to an angle point
of said 68.1543 acre tract and the northeast corner of a called 2.434 acre tract as described in a Deed
from Lois Lively to A. Young, dated March 23, 1979 and recorded in Volume 335, Page 357, Deed
Records;
THENCE N86 °13'55 "W, with the north line of said 2.434 acre tract and the south line of said
5.00 acre tract, at 75.69 feet pass the southwest corner of said 5.00 acre tract, same being the southeast
corner of a called 2.81 acre tract as described in a Deed from Lynn D. Boone to Michael Park, dated
June 29, 1993 and recorded in Volume 0197, Page 117, Official Records, continuing with the north line
of said 2.434 acre tract and the south line of said 2.81 acre tract, at 443.39 feet pass the southwest corner
of said 2.81 acre tract, same being the southeast corner of a called 0.997 of an acre of land described as
the "Lot 9" in a Deed from Danny Rice, et al to Michael Rodney Turner, dated June 30, 1983 and
recorded in Volume 414, Page 589, Deed Records, continuing with the north line of said 2.434 acre tract
and the south line of said Lot 9, for a total distance of 743.39 feet to the northwest corner of said 2.434
acre tract and the southwest corner of said Lot 9, same being in the east right -of -way line of Wire Road;
THENCE N01 °09'05 "W, with the east right -of -way line of said Wire Road for a distance of
1421.18 feet to its intersection with the southwest right -of -way line of S.H. 75
THENCE northerly, across S. H. 75 to a point on the northeast right -of -way line of S. H. 75,
said point being in the south line of a called 10.00 acre tract as described in a Deed from Charles F.
Spriggs, et al to S & S Pipe & Supply, Inc., dated July 8, 1991 and recorded in Volume 0146, Page 793,
Official Records;
THENCE N72 °00'W, with the northeast right -of -way line of S.H. 75 and the southwest line of
said 10.00 acre tract, to a point for the southwest corner of said 10.00 acre tract, same being the
southeast corner of a called 5.747 acre tract described in a Contract of Deed from Georgie Kearse
Rawson, et al to Donald G. Dean, dated January 1, 1992 and recorded in Volume 0162, Page 132
Official Records;
THENCE N01 °06'36 "E, with the west line of said 10.00 acre tract and the east line of said 5.747
acre tract, to an angle point of said 10.00 acre tract and being the northeast corner of said 5.747 acre
tract, said point being a southeast corner of a called 182.53 acre tract as described in a Deed to Perry
Little recorded in Volume 240, Page 322;
THENCE NO2 °22'11 "E, continuing with the west line of said 10.00 acre tract and an east line
of said 182.53 acre tract, for a distance of 420.34 feet to the northwest corner of said 10.00 acre tract,
same being a southwest corner of a called 211.79 acre tract as described in a Deed from Carlos Magana
to Javier Rosique, dated October 2, 1986 and recorded in Volume 027, Page 360, Official Records;
THENCE N84 °05' 18 "E, with a south line of said 211.79 acre tract, for a distance of 645.05 feet
to an ell corner of said 211.79 acre tract, same being the northeast corner of a called 7.408 acre tract
described in a Deed from Lois Kearse Lively, et al to Mid -South Electric Co -Op Association, dated April
22, 1981 and recorded in Volume 375, Page 445, Deed Records;
THENCE S00 °20'50 "E, with a west line of said 211.79 acre tract and the east line of said 7.408
acre tract, for a distance of 385.70 feet to an angle corner of said 211.79 acre tract, same being the
northwest corner of a called 7.00 acre tract as described in a Deed from Odell Knight to D & T Pipe
Supply, Inc., dated October 21, 1983 and recorded in Volume 420, Page 191, Deed Records;
THENCE N81 °42'30 "E, with a south line of said 211.79 acre tract for a distance of 983.94 feet
to the northeast corner of a called 1.00 acre tract, same being an ell corner of said 211.79 acre tract;
THENCE southerly, with a west line of said 211.79 acre tract and the east line of the 1.00 acre
tract, for a distance of 286.95 feet to its southeast corner, same being an ell corner of the 211.79 acre
tract and also being the northwest corner of a called 8.151 acre tract as described in a Deed from Cinco
Partnership LTD to Norman S. Rash, dated August 27, 1987 and recorded in Volume 053, Page 318,
Official Records;
THENCE N85 °51'50 "E, with the most southerly south line of the 211.79 acre tract for a distance
of 1864.65 feet to the northeast corner of a called 10.76 acre tract described in a Deed from Lois K.
Lively, et al to J. L. Cole, et al, dated July 13, 1983 and recorded in Volume 415, Page 30, Deed
Records, same being the southeast corner of said 211.79 acre tract and being in the west line of a called
79.40 acre tract described as "Tract 2" as per B.O.T. - HYPONEX SUBDIVISION, dated December 21,
1987 and recorded in Volume 2, Page 48 of the Plat Records of Walker County, Texas;
THENCE N00 °26'00 "W, with an east line of said 211.79 acre tract and the west line of said
79.40 acre tract, for a distance of 1387.75 feet to its northwest corner, same being a southwest corner
of a called 122.6 acre tract described as the "Fourth Tract" of the "THIRD GROUP" in a Deed to Mary
A. Smither recorded in Volume 110, Page 102, Deed Records;
THENCE N89 °43'00 "E, with the north line of said 79.45 acre tract and a south line of said
122.6 acre tract, at 1446.50 feet pass the northwest corner of said 79.40 acre tract, same being a
southwest corner of said 122.6 acre tract, said corner being in the southwest right -of -way line of I.H. 45,
continuing across I.H. 45 to a point on the northeast right -of -way line of I. H. 45;
THENCE Southeasterly with the northeast right -of -way line of I.H. 45 to a point for the west
corner of a called 10.62 acre tract as described in a Deed from Huntsville Industrial Foundation, Inc. to
Master Chemical Corporation, dated February 28, 1975 and recorded in Volume 276, Page 554, Deed
Records;
THENCE S89 °54'06 "W, with the north line of said 10.67 acre tract, for a distance of 1536.68
feet to the northeast corner of a called 10.78 acre tract described in a Deed from Huntsville Industrial
Foundation, Inc. to The Heil Co., dated November 7, 1973 and recorded in Volume 262, Page 121,
Deed Records, same being in the east line of said CRABB SURVEY and the west line of said BIRDSELL
LEAGUE;
THENCE SO0 °20'07 "E, with the common line of the CRABB SURVEY and BIRDSELL
LEAGUE, for a distance of 481.86 feet to a point for the northwest corner of a called 3.0 acre tract
described in a Deed from Anthony Branch to Anthony Branch, Jr., dated October 24, 1972 and recorded
in Volume 250, Page 404, Deed Records;
THENCE Easterly with the south right -of -way line of said Moffett Springs Road to a point at the
intersection of the existing city limits line dated March 14, 1969 and recorded in Volume 219, Page 627,
Deed Records, said point being in a west line of City Airport property;
THENCE Southerly with the existing city limits line and extended to a point 1200 feet from and
at right angle to I.H. 45, said point being the north corner of said Ordinance No. 81 -4 known as Area
"T2
THENCE Southerly with the common line of said existing city limit line and said Thomason
38.32 acre tract to the PLACE OF BEGINNING.
"EXHIBIT B"
CITY OF HUNTSVILLE, TEXAS
MUNICIPAL SERVICE PLAN
HWY. 75 (NORTH)
INTRODUCTION
Pursuant to Texas Local Government Code, Chapter 43 - Municipal Annexation, the City
of Huntsville, Texas, has prepared this Service Plan for the delivery of municipal services to the
territory proposed for annexation. The proposed tracts are all located adjacent to the present
existing City limits and within the City's ETJ. Texas law establishes the concept of extra-
territorial jurisdiction (ETJ) for cities based on their number of inhabitants. For cities, such as
Huntsville, with between 25,000 and 50,000 inhabitants, the ETJ is two (2) miles. The city
may annex up to ten percent (10 %) of its total area each year. This (10 %) may be accumulated
year to year if the City does not annex additional territory or annexes less than the maximum.
The City of Huntsville has not annexed any territory since 1984. The City Council of the City
of Huntsville may annex thirty percent (30 %) of its ETJ boundary areas, which equals
approximately 4,000 acres of non - public land in 1994. The areas contain approximately 1,206
single family residences and 44 business establishments. Based on household population figures
established by the 1990 census, the approximately 1,206 single family residences are estimated
to contain approximately 2.32 inhabitants per dwelling. Based on the number of houses and
inhabitants, the density for the entire area is calculated to be approximately 393.52 people per
square mile, compared to the City's current density of 1,345 per square mile.
1
Annexation of these areas will provide the residents in the areas with the full privileges
and responsibilities associated with living in a city. Annexation should not result in any
unmanageable cost expenditures to the City. Three municipal services - water distribution,
tary sewage collection and solid waste collection and disposal - are directly cost recoverable
through user fees.
Municipal services supported by municipal taxation, such as library facilities, parks and
recreational activities, are already available and used by county residents. Other tax supported
services such as police protection, code enforcement, general government activities and routine
street maintenance will be extended through existing programs and staff. No significant
increases in municipal staff are expected in the near future as a result of these proposed
annexations to the city limits alone. Using the most recent assessed values, provided by the
Walker County Appraisal District, the land, improvements and personal property within all the
areas proposed for annexation are valued at approximately $110,606,200 which, with a tax rate
of $.3844 per $100 value, will generate $425,170 in new property tax revenues.
Planning a city's growth is no easy task as social, political, economic and fiscal issues
must be considered. The benefits that are derived from an annexation program are usually not
ediate. It is doubtful that most annexations pay for themselves immediately. Over the long
term, however, it is thought to be much more fiscally responsible to manage growth early on
rather than to try and correct it 10 or 20 years after the fact. The fact is that uncontrolled
growth outside the city limits will be tomorrow's problems if a city doesn't exert some control
in the development process. Therefore, annexation is usually fiscally beneficial in the long term,
but not in the short term.
2
GENERAL GOVERNMENTAL SERVICES
The City of Huntsville provides a variety of general services to the citizens of the City.
In accordance with the State annexation law, the following municipal services shall be provided
upon annexation of an area by the City of Huntsville:
1. Police service will be extended to the area immediately upon annexation. These activities
will include normal patrols, responses, the handling of complaints and incident reports.
Additional capital improvements are not necessary at this time to provide police
protection to the area.
2. Fire service to the annexed area, provided by the Huntsville Fire Department, will be
immediately available to the area within the limitations of available water and current fire
stations. Additional capital improvements are not necessary at this time to provide fire
protection to the area. Fire inspections will be made in accordance with city policies.
3. Library services, through the Huntsville Public Library, will be available immediately
to the annexed area.
4. City Parks and Recreation facilities do not exist in the annexed area. The City, however,
operates 17 community parks that are available for the use of city residents. These parks
include Kate Barr Ross Memorial Park, Emancipation Park, Thomas Henry Ball Park
and Thomason Park. Recreational and athletic programs and facilities are available at
these parks for City residents. Additionally, the City sponsors a variety of summer
recreational programs that will be available to the annexed area. No capital
improvements are necessary at this time to provide recreation services to the area.
3
5. Code enforcement services will be provided immediately upon annexation by the Central
Inspection Division for the City's Public Works Department. These services include
building, mechanical, plumbing and sanitary inspection. Animal Control services will
be provided immediately. No capital improvements are necessary at this time to provide
code enforcement services to the area.
6. Street lighting services in the area will be assumed by the City immediately upon
annexation. A representative of the City will contact Entergy and /or Mid -South Electric
concerning the existence of any public street lighting facilities in the annexed area; if
such facilities exist, the City will immediately assume the operational costs. Residents
of the area desiring the erection of street lighting facilities may contact the City for a
determination of need for the installation of a street light according to the current city
policy.
7. The facilities at the Huntsville Municipal Airport will be available to the annexed
territory.
8. The City shall commence regular maintenance of the streets and drainage facilities in the
annexed territory within 60 days. Traffic signs, street markings and other traffic control
devices will be installed as the need is established by appropriate traffic standards and
city policies. Existing streets and drainage facilities shall be maintained in at least the
same condition at which they were annexed. Additional roads, streets or related facilities
are not necessary at this time to serve the area. Major rehabilitation or upgrading to the
street and drainage facilities, if needed, will be included in future Capital Improvements
4
Budgets of the City. Actual construction of capital street and drainage facilities shall be
dependent on the prioritization of the project and the availability of funds.
9. All properties previously restricted for single family residential use will be placed in a
"nc" - neighborhood conservation zoning district. All other properties will be placed in
a "m" - management zoning district. Subsequent district changes will be in accordance
with City ordinances and state law.
10. Except as specifically provided herein, it is not necessary to acquire, construct, or locate
any facilities, buildings or services within the area being annexed. The area will be
included with all other territory in the City in connection with planning for new, revised
or expanded services.
SANITATION
Collection of solid waste shall commence within 60 days. The revenues generated at the
current rate will be sufficient to cover collection and disposal cost. Residential service will be
uniform throughout the City. Currently residential collection service is garbage /trash pickup
two (2) times per week. Residential brush pickup is also provided with some limitations.
Commercial service depends on need. Some commercial collection services in the areas to be
annexed are already provided by the City.
Except as specifically provided herein, it is not necessary to acquire, construct, or locate
any facilities, buildings or services within the area being annexed. The area will be included
with all other territory in the City in connection with planning for new, revised or expanded
services.
5
PUBLIC WATER FACILITIES
The City of Huntsville operates and maintains its public water supply system. Those City
water mains that exist in the annexed area will continue to be so maintained. Service
connections and service fees will be at the standard rates as established by ordinance. Extension
of water mains are handled through the Utility Extension Policy of the City. Any private water
systems will remain private and may continue to service their existing customers. Extensions
to these facilities will be permitted only as allowed by state and federal law. The area will be
included with all other territory in the City in connection with planning for new, revised or
expanded public water facilities, except where limited by federal or state laws protecting existing
private water systems.
Except as specifically provided herein, it is not necessary to acquire, construct, or locate
any facilities, buildings or services within the area being annexed. The area will be included
with all other territory in the City in connection with planning for new, revised or expanded
services.
PUBLIC SEWER FACILITIES
The City owns, operates and maintains all of its sanitary sewer system. City owned
wastewater collection /treatment, facilities in the annexed area will be maintained by the City.
There are not other publicly owned wastewater collection /treatment facilities in the area to be
acquired or maintained by the City. Commonly used private sewer systems may continue to
operate subject to applicable State laws and City ordinances. Service connections, extensions
and service fees will be at the standard rates as established by ordinance by Council. Extension
of sewer mains to properties not currently will be made consistent with the City's Utility
6
Extension Policy. The annexed areas will be included with all other territory in the City in
connection with planning for new, revised or expanded wastewater facilities.
Except as specifically provided herein, it is not necessary to acquire, construct, or locate
any facilities, buildings or services within the area being annexed. The area will be included
with all other territory in the City in connection with planning for new, revised or expanded
services.
VOTING
All persons eligible to vote shall be immediately eligible to participate in City elections,
subject only to approval of the U. S. Department of Justice. Each area will be placed in a City
ward based upon its contiguousness and population.
7
HIGHWAY 75 (NORTH)
LOCATION: Northwest of City and on both sides of Interstate 45 North. The subject
is adjacent to Texas Dept. of Criminal Justice Headquarters.
TOTAL AREA: 1,272 acres.
LAND USE: Highway 75 North displays a mixture of land uses. The north side of
Highway 75 is primarily industrial in nature although there are two to
three large residential tracts and a couple of undeveloped tracts. The west
side of Interstate 45 abutting Highway 75 is diverse in terms of land use.
The section is surrounded with residential, commercial, mobile homes and
industrial developments.
POPULATION: It is estimated that approximately 122 people reside in the area. The
residents on the east side of I -45 are primarily minority residents, the
remaining areas are non - minorities and middle income.
STREETS: Of the four (4) miles of streets located in the area, 1.9 miles are state
highways.
EXISTING
UTILITIES: Except for a sanitary sewer lift station and force main at Texas
Department of Criminal Justice Headquarters facilities used to connect into
the municipal sewerage system, no municipal utilities exist in the area.
The nearest sewerage facility is the McGary Creek sewer line located just
to the south of the new proposed city limit line.
8
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GENERAL CHARACTERISTICS
AREA TO BE ANNEXED: HIGHWAY 75 NORTH
ACREAGE
PRIVATE 986
PUBLIC 286
TOTAL 1,272
NUMBER OF DWELLING UNITS: 57
NUMBER OF COMMERCIAL/
INDUSTRIAL UNITS: 27
ESTIMATED POPULATION: 122
9
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