ORD 1994-30 - Annexation - Highway 75 South 09-13-1994ORDINANCE NO. 94-30
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HUNTSVILLE, TEXAS, PROVIDING FOR THE ANNEXATION OF
CERTAIN TERRITORY (HIGHWAY 75 SOUTH) 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
ATTEST:
Danna Welter, City Secretary
APP OVED:
Scott Bou ds, City Attorney
W. H. Hodges, Mayo
"EXHIBIT A"
S. H. 75 SOUTH
BEGINNING at a concrete monument for a northeast corner of Section One of Elkins Lake
Subdivision as per plat recorded in Volume 174, Page 569, Deed Records, said point being at a south
corner of a called 1000 acre tract conveyed by Joseph Baldwin to the State of Texas (T.D.C. Goree),
dated January 28, 1982 and recorded in Volume 6, Page 628, Deed Records and also being in the north
line of the H. D. RIPLEY SURVEY, Abstract No. 489 and the south line of E. DAVIDS SURVEY,
Abstract No. 157, said point being in the south line of an existing city limit line as per Ordinance No.
80-51 known as Area "P" and dated October 14, 1980 and also in the southwest right-of-way line of I.
H. 45;
THENCE westerly across I.H. 45 and the common line of said RIPLEY and DAVIDS
SURVEYS, pass a concrete monument in the northeast right-of-way line of S.H. 75, same being the
northwest corner of a called 5.0 acre tract as described in a Deed from Gibbs Brothers & Co. to Elkins
Lake Baptist Church, dated November 5, 1971 and recorded in Volume 240, Page 195, Deed Records
of Walker County, Texas, continuing with the common lines of said RIPLEY and DAVIDS SURVEYS,
at 1052.80 feet pass the northeast corner of said 5.00 acre tract, same being the northwest corner of
another 5.0 acre tract, conveyed from Robert McCann to Elkins Lake Baptist Church, dated October 20,
1976 and recorded in Volume 274, Page 670, Deed Records, continuing easterly with the common
boundary line of said RIPLEY SURVEY and DAVIDS SURVEY, for a total distance of 2052.80 feet
to a concrete monument with brass cap for the most northern northeast corner of said RIPLEY SURVEY,
same being the northwest corner of the A. BROWN SURVEY, Abstract No. 94 and being the northeast
corner of said 5.00 acre tract described in Volume 274, Page 670;
THENCE S00°11'W, with the east line of said 5.00 acre tract at 217.8 feet pass its southeast
corner, continuing southerly for a total distance of 277.8 feet to a point on the south right-of-way line
of a 60 foot road;
THENCE Westerly with the south right-of-way line of said 60 foot road to the northeast corner
of a called 20.62 acre tract as described in a Substitute Trustee's Deed from Graf Investments, Inc. to
Lynes, Inc., dated March 7, 1989 and recorded in Volume 091, Page 606, Official Records;
THENCE S34°53'E, with the northeast line of said 20.62 acre tract, for a distance of 236.8 feet
to the east corner of said 20.62 acre tract;
THENCE S55°07'W, with the southeast line of said 20.62 acre tract, for a distance of 435.60
feet to the north corner of a called 20.00 acre tract as described in a Deed from Carlisle Corporation to
Mc Murry Oil Tools, Inc., dated March 18, 1992 and recorded in Volume 0163, Page 834, Official
Records;
THENCE S34°53'E, with the northeast line of said 20.00 acre tract for a distance of 1000.00
feet to its east corner;
THENCE S55°07'W, with the southeast line of said 20.00 acre tract, for a distance of 871.2 feet
to its south corner in the northeast right-of-way line of said S. H. 75;
THENCE southeasterly along the northeast right-of-way line of said S. H. 75 to a point where
the southeast line of a called 5.785 acre tract as described in a Gift Deed from Gibbs Brothers &
Company to the City of Huntsville, dated March 17, 1994 and recorded in Volume 0221, Page 337,
Official Records if extended would intersect the northeast right-of-way line of said S. H. 75;
THENCE S52°26'34.1"W, across said S. H. 75, pass the east and south corners of said 5.785
acre tract, continuing across I. H. 45 to a point in the southwest right-of-way line of said I. H. 45;
THENCE northwesterly with the southwest right-of-way line of said I. H. 45, to POINT OF
BEGINNING.
"EXHIBIT B"
CITY OF HUNTSVILLE, TEXAS
MUNICIPAL SERVICE PLAN
HWY. 75 (SOUTH)
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.
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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.
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
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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.
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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.
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HIGHWAY 75 (SOUTH)
LOCATION: Southeast of city and south of the Goree unit of the Texas Department of
Criminal Justice.
TOTAL AREA: 97 acres.
LAND USE: . The area contains two industrial establishments, one church and the site
of the Sam Houston Statue and Visitor's Center.
POPULATION: There are no known residents in the area.
STREETS: There is 0.87 mile of street surface of which 0.5 mile is Highway 75.
The remainder is an unpaved road.
EXISTING
UTILITIES: The area is served by a 12" water line running parallel to the highway.
Due to topographic limitations and the presence of I -45, the only available
municipal sewerage facilities are located approximately 1.6 miles away at
Southwood Drive.
8
,
Afinie R:--
Harripen (%)
1! Laura R. .
1 ve
1. 95/ 1
441601168 111
)
GENERAL CHARACTERISTICS
AREA TO BE ANNEXED: HWY.75 (SOUTH)
ACREAGE
PRIVATE 50
PUBLIC 47
TOTAL 97
NUMBER OF DWELLING UNITS:
NUMBER OF COMMERCIAL/
INDUSTRIAL UNITS:
ESTIMATED POPULATION:
9
"EXHIBIT C"
HIGHWAY 75- SOUTH
Temporary Zoning Districts
per 1994 Annexation
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1
Management District
Neighborhood Conservation