ORD 1994-34 - Annexation - F.M. 247-980 09-13-1994ORDINANCE NO. 94 -34
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HUNTSVILLE, TEXAS, PROVIDING FOR THE ANNEXATION OF
CERTAIN TERRITORY (F.M. 247/980) 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
WHEREAS 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:
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.
Section 5: 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
��/i0:1/h.le
W. H. Hodges, Mayo
ATTEST:
Danna Welter, City Secretary
APPROVED:
Scott Bounds, City Attorney
EXHIBIT "A"
F.M. 247/980
Beginning at the intersection of the south right -of -way line of Jenkins Road and the west right -of-
way line of F.M. 247, same being a corner of the existing city limits line as per Ordinance No. 84 -29
dated November 13, 1984, said corner being the northeast corner of a called 8.32 acre tract known as
April Point Mobile Home Park and described in a Deed from Thomas L. Rose to April Point, Ltd., dated
July 31, 1987 and recorded in Volume 051, Page 331, Official Records of Walker County, Texas;
THENCE Westerly, with the south right -of -way line of said Jenkins Road and the north line of
said 8.32 acre tract, same being with the existing city limits line to a northwest corner of said 8.32 acre
tract;
THENCE Southerly and westerly with said existing city limits line to a point in the center of
Parker Creek, said point being at the southeast corner of a called 9.28 acre tract in a Deed to Clara Price
recorded in Volume 272, Page 418;
THENCE Westerly with the existing city limits line and the meanders of said Parker Creek to
a point on the north line of a called 19.92 acre tract described in a Deed from W. R. Coffey, Trustee to
Frank J. Robinson, dated June 13, 1991 and recorded in Volume 0145, Page 178, Official Records, same
being the most southern southwest corner of a tract or parcel of land in a Deed to Frank Robinson
recorded in Volume 286, Page 443, Deed Records, said corner being in the east line of a called 4.065
acre tract described as Tract 2 in a Deed from Paul D. Ruffin to Frank Robinson, dated January 4, 1985
and recorded in Volume 440, Page 582, Deed Records;
THENCE Southerly continuing with the existing city limits line and a west line of a Robinson
122 acre tract to an ell corner of said Robinson tract, same being in the north line of a called 33.57 acre
tract described in a Deed from Resolution Trust Corporation to Eds West, Inc., dated August 29, 1991
and recorded in Volume 0151, Page 216, Official Records;
THENCE Westerly continuing with the existing city limits line to the northwest corner of a called
50.6 acre tract described in a Deed form John H. Rizzo to Joe Ferro, dated January 10, 1968 and
recorded in Volume 210, Page 710, Deed Records, same being in the west line of the WILEY PARKER
SURVEY, Abstract No. 37 and in the east line of the W. BIRDSELL LEAGUE, Abstract No. 6;
THENCE Northerly continuing with the existing city limits line and the common lines of the
PARKER and BIRDSELL SURVEYS to the northwest corner of a called 20 acre tract described in a
Deed from Frank J. Robinson, Sr. to Frank J. Robinson, Jr., dated July 13, 1984 and recorded in
Volume 432, Page 402, Deed Records;
THENCE Easterly with the north line of said 20 acre tract pass its northeast corner and
continuing easterly across a called 4.065 acre Robinson tract to a point on its east line;
THENCE Northerly with said Robinson tracts to a point for the northeast corner of a called 40.36
acre tract described in a Deed from Bertha G. Jamison, et al to Frank J. Robinson, dated September 7,
1990 and recorded in Volume 0128, Page 185, Official Records, said corner being the northwest corner
of a called 10.58 acre tract described in a Contract of Sale from Veterans Land Board to Curtis W.
Gideon, dated November 9, 1987 and recorded in Volume 058, Page 805, Official Records;
THENCE Easterly with the north line of said 10.58 acre tract to a point on its north line, said
point being the southwest corner of a called 10.50 acre tract described in a Deed from Harold E.
McAdams to John C. McAdams, dated June 3, 1992 and recorded in Volume 0169, Page 513, Official
Records and also being in the east line of a called 18 acre tract described in a Deed to Lynn Reynolds;
THENCE Northerly with the east line of said 18 acre tract to its northeast corner and the
northwest corner of the O'Bannon Addition as per plat recorded in Volume 1, Page 38, Plat Records of
Walker County, Texas;
THENCE Easterly with the north line of said O'Bannon Addition and the north right -of -way line
of Pine Hollow Dr., pass the northeast corner of said Addition, same being in the southwest right -of -way
line of F.M. 247, continuing easterly across F.M. 247
to a point in the northeast right -of -way line of F.M. 247;
THENCE Northerly with the northeast right -of -way line of F.M. 247 to a point for the northwest
corner of a called 1.5 acre tract described in a Deed from Willie May Shotwell to Wilson T. Shotwell,
dated April 19, 1979 and recorded in Volume 336, Page 733, Deed Records;
THENCE Easterly with the north line of said 1.5 acre tract pass its northeast corner, same being
a northwest corner of a called 16 acre tract as described in a Deed from Susie Coburn, et al to Willie
May Shotwell, dated December 22, 1948 and recorded in Volume 130, Page 435, Deed Records,
continuing with the north line of said 16 acre tract pass a southwest corner of a called 15 acre tract
described in a Deed from Bertha Smith Laskie to George E. Hays, dated October 15, 1986 and recorded
in Volume 027, Page 210, Official Records, said corner being at the southwest corner of Duke Road,
continuing with the north line of said Shotwell tract and the south right -of -way line of Duke Road to the
northeast corner of said Shotwell tract and being the northwest corner of a called 7.5 acre tract described
in a Deed from Ruby L. Aven, et al to Oliver E. Smith, dated August 14, 1971 and recorded in Volume
238, Page 262, Deed Records, said point being in the northwest right -of -way line of F.M. 980;
THENCE Northeasterly, with the northwest right -of -way line of F.M. 980 to a point of
intersection if the south line of Pinecrest Acres Section I was extended west would intersect the northwest
right -of -way line of F.M. 980;
THENCE Southeasterly, across F.M. 980 along the extended south line of Pinecrest Acres
Section I to the northeast corner of Creekview Subdivision as per plat recorded in Volume 1, Page 44,
Plat Records and being in the center of Parker Creek;
THENCE Southwesterly with the meanders of said Parker Creek to the northeast corner of a
called 80 -1/2 acre tract described in a Deed from Nola Westmoreland Wilson, et al to Logan Wilson, et
al, dated June 16, 1948 and recorded in Volume 122, Page 282, Deed Records and as per Deed recorded
in Volume 260, Page 110, dated September 14, 1973 and another deed recorded in Volume 355, Page
659;
THENCE Southerly continuing with the east lines of said 80 -1/2 acre tract to its southeast corner,
same being the northeast corner of a called 5.65 acre tract as described in a Deed from Lois A. Russell,
et al to R. Karl Mahaffey, dated May 10, 1978 and recorded in Volume 319, Page 511, Deed Records,
continuing with the east line of said 5.65 acre tract to its southeast corner;
THENCE Southerly and being 1000 feet east of and parallel to the east right -of -way line of F.M.
247 to the intersection with the north line of another existing city limits line dated May 8, 1973;
THENCE Westerly with said existing city limits line and across F.M. 247 to the existing city
limits line on the west right -of -way line of F.M. 247;
THENCE Northerly with the existing city limits line and the west right -of -way line of F.M. 247
to the PLACE OF BEGINNING.
"EXHIBIT B"
CITY OF HUNTSVILLE, TEXAS
MUNICIPAL SERVICE PLAN
FM 247/980
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,
sanitary 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.
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.
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
- 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.
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 247/980
LOCATION: North Central Huntsville
TOTAL AREA: 687 acres.
LAND USE: One-half of the area is undeveloped. The remaining one-half contains
sprawl developments. There are mobile homes within the area and
approximately 136 single family dwelling units and three (3) commercial
establishment exists.
POPULATION: The population is estimated to be 313 persons residing within the subject
areas. The income diversity is mixed, however, it favors low to middle
income and non-minority persons.
STREETS: 3.2 miles of street. 1.7 miles is FM 980 and FM 247. The remaining
1.5 miles is non-curb asphalt.
EXISTING
UTILITIES: Municipal water is available to the intersection of FM 247 and FM 980.
Pine Prairie water is available to a part of the area. The closest available
sewer is the City's main trunk line along Parker Creek. Due topography,
land use and population density, sewerage facilities have not been
extended, resulting in the use of individual disposal systems.
8
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I H""A° •
EE erman All. rt• -
242/132 191 02
9 i
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p.a. Fetter
102/383 22.0
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•131/217 15.7
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4 422/
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300
Ed Scott. Est
17/390 38.9
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Lillie 5c011. Est.
30/638 15.0
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GENERAL CHARACTERISTICS
AREA TO BE ANNEXED: HIGHWAY 247/980
• I
W/415
49.33 •
222 75,70
ACREAGE
PRIVATE 650
PUBLIC 37
TOTAL 687
NUMBER OF DWELLING UNITS: 136
NUMBER OF COMMERCIAL/
INDUSTRIAL UNITS: 3
ESTIMATED POPULATION: 313
Revised June 25, 1994
Jack 8.
Easthant
30/133
63
PARKER
3 7
Gibbs Bros 1
28/444 '
38/312.271
39/536. 627
60/606
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Gams Ct17.0
26 89
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270 596 51
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