ORD 1994-31 - Annexation - Elkins Lake 09-13-1994ORDINANCE NO. 94 -31
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HUNTSVILLE, TEXAS, PROVIDING FOR THE ANNEXATION OF
CERTAIN TERRITORY (ELKINS LAKE) 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:
Section 5:
Section 6:
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.
Effective immediately, all the area of the Elkins Lake Municipal Utility District
becomes part of the City. On October 1, 1994, the City shall take over all the
property and other assets of the district, assume all the debts, liabilities and
obligations of the district, and perform the functions of the district.
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 7: This ordinance shall take effect immediately upon its passage by Council.
PASSED AND APPROVED this the 13th day of September, 1994.
AT ST:
anna Welter, City Secretary
APPROVED:
Scott Bounds, City Attorney
THE CITY OF HUNTSVILLE
EXHIBIT "A"
ELKINS LAKE
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
in the south line 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 S 16 °28' W, with the northeast line of said Section One and the southwest right -
of -way line of said I. H. 45, for a distance of 120.6 feet to a concrete monument for the most
eastern southeast corner of said Elkins Lake Section One;
THENCE with the south line of said Elkins Lake Section One as follows:
1) S73 °16'E- 114.20 feet;
2) S70 °17 ' E- 704.20 feet;
3) S69 °47'E- 622.50 feet;
4) S64 °46'E- 601.90 feet; and
5) S71 °17'E-156.70 feet to a concrete monument for an ell corner of Section One;
THENCE S00 °36'E, with an east line of said Section One, for a distance of 1600.5 feet
to another corner of said Section One;
THENCE S89 °51'W, with a south line of said Section One, for a distance of 1648.10
feet to a corner;
THENCE S00 °50'W, with an east line of said Section One, for a distance of 1297.9 feet
to a point in the south line of said Section One and the south line of the D. McMILLIAN
SURVEY, Abstract No. 382 and the north line of the A. BROWN SURVEY, Abstract No. 95,
said point being in the north line of a called 32 acre tract conveyed to Tinsley Inc.;
THENCE N89 °55'E, with the common lines of said McMILLIAN and BROWN
SURVEYS, same being the north line of the 32 acre tract, for a distance of 106.7 feet to its
northeast corner;
THENCE S00 °22'E, with the east line of the 32 acre tract, for a distance of 1229.2 feet
to its southeast corner;
THENCE S89 °55'W, with the south line of the 32 acre tract, for a distance of 983.3 feet
to a point at the common corner of Section One and Section Three of Elkins Lake;
THENCE S09 ° 19' W, with the east line of Section Three, for a distance of 2982.90 feet
to its southeast corner, said corner being the southeast corner of the J. O'BANNON SURVEY,
Abstract No. 428;
THENCE N80 °11'W, with the south line of the O'BANNON SURVEY line and the
south line of Section Three, for a distance of 3677.72 feet to its southwest corner and the
southwest corner of the O'BANNON SURVEY, same being the north comer of the W.
GLASSCOCK SURVEY, Abstract No. 222 and the most southern southeast comer of the S.A.
& M.G.R.R. SURVEY, Abstract No. 535, and also being the southeast corner of a 2.4077 acre
road easement to a called 10.00 acre tract used for the City of Huntsville Sewage Plant Site as
per U.S. Forest Service Permit No. 10781 dated 1973;
THENCE S68 °W, with the southeast line of the S.A. & M.G.R.R. SURVEY and the
northwest line of the GLASSCOCK SURVEY, at 2622.00 feet pass the west corner of the
2.4077 acre tract and the east comer of the 10.00 acre lift station site, continuing with the south
line of the S. A. & M.G.R.R. SURVEY and the north line of the GLASSCOCK SURVEY, for
a total distance of 3282.00 feet to the south corner of the 10.00 acre tract;
THENCE N22 ° W, with the southwest line of the 10.00 acre tract, at 660.00 feet pass
its north corner of the 10.00 acre tract and continuing for a total distance of 1000.00 feet to a
point;
THENCE being 1000.00 feet northwest of and parallel to the southeast line of the S.A.
& M.G.R.R. SURVEY and the northwest line of the GLASSCOCK SURVEY, to the point of
intersection with a southeast line of the S.A. & M.G.R.R. SURVEY and the northwest line of
the J. O'BANNON SURVEY, said point being in the northwest line of Section Three;
THENCE N10 °14'E, with the common line of the S.A. & M.G.R.R. and GLASSCOCK
SURVEYS, same being the northwest line of Section Three, for a distance of 2791.70 feet to
a concrete monument at a common corner of the S.A. & M.G.R.R. and J. O'BANNON
SURVEYS;
THENCE S80 °07'E, with the most northern southwest line of S.A. & M.G.R.R.
SURVEY and the northeast line of J. O'BANNON SURVEY, for a distance of 1385.2 feet to
a point at a common corner of Section Three and Section Four of Elkins Lake Subdivision;
THENCE N00 °06'W, with the west line of Section Four, for a distance of 3803.60 feet
to a point on the north line of S.A. & M.G.R.R. SURVEY and the W. BARRETT SURVEY,
Abstract No. 77;
THENCE S89 °20'W, with the common line of S.A. & M.G.R.R. SURVEY and
BARRETT SURVEY, and a south line of Section Four, for a distance of 625.60 feet to a point
at the southwest corner of BARRETT SURVEY and an ell corner of the E. DAVIDS SURVEY,
Abstract No. 157, said point being at a corner of the existing city limit line as per Ordinance
No. 81 -5, dated January 13, 1981 and known as Area "S -1 ";
THENCE N01 °28'W, with the existing city limits line and the common line of the
BARRETT and DAVIDS SURVEYS, for a distance of 3333.90 feet to the northwest corner of
the BARRETT SURVEY, same being the southwest corner of the R. WALKER SURVEY,
Abstract No. 589, said corner being the northwest corner of Section Four;
THENCE N89 °05'E, with the common line of the BARRETT and WALKER SURVEY,
same being the north line of Section Four, for a distance of 2965.40 feet to the northeast corner
of Section Four, same being a northwest corner of Elkins Lake Section Two;
THENCE continuing with the common line of the BARRETT and WALKER SURVEY,
same being the north line of Section Two as follows:
1) S88 °31'E- 409.30 feet; and
2) S89 °31'E- 435.30 feet to a concrete monument at the southeast corner of said
WALKER SURVEY, same being an ell corner of said DAVIDS SURVEY and
also being a corner of an existing city limits line as per Ordinance No. 80 -48
dated October 14, 1980 and known as Area "I ", said monument being a corner
of said 1000 acre tract;
THENCE S89 °26'E, with the common line of the BARRETT and DAVIDS SURVEY,
same being the north line of Section Two, for a distance of 414.70 feet to a concrete monument
for the northeast corner of BARRETT SURVEY and an ell corner of the DAVIDS SURVEY
and said 1000 acre tract;
THENCE with the common line of the BARRETT and DAVIDS SURVEY, same being
the common line of Section Two and said 1000 as follows:
1) S00 °32'W- 540.30 feet;
2) S00° 19'E- 1300.30 feet; and
3) S00 °38'E- 1487.50 feet to a concrete monument at the southeast corner of the
BARRETT SURVEY and a southwest corner of the DAVIDS SURVEY, said
monument being in the north line of the McMILLIAN SURVEY and Section One
of Elkins Lake;
THENCE S89 °50'E, with the common line of McMILLIAN and DAVIDS SURVEY,
same being the north line of Section One, for a distance of 1108.70 feet to the northeast corner
of McMILLIAN SURVEY and the northwest corner of the RIPLEY SURVEY;
THENCE N89 °39'E, with the common line of the DAVIDS and RIPLEY SURVEY and
the north line of the Section One, for a distance of 2012.50 feet to the PLACE OF
BEGINNING.
"EXHIBIT B"
CITY OF HUNTSVILLE, 'TEXAS
MUNICIPAL SERVICE PLAN
ELKINS LAKE
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.
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
immediate. 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
Elkins Lake is unique among the areas proposed to be annexed by the City because it lies
within Municipal Utility and Road Utility Districts. It is the only area outside the City's current
boundaries that receives City of Huntsville residential garbage pickup services. The City already
provides basic water and sewer services to the area through contracts with the MUD. Except
as provided below, however, the City's general service plan shall apply to Elkins Lake.
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
3
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
4
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
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
Residential and commercial garbage services currently provided will continue. Effective
immediately upon annexation, the service and charges for service shall be the same as for
customers currently in 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
STREET AND DRAINAGE MAINTENANCE
All RUD funds, except those borrowed or transferred from the MUD, will be dedicated
and used by the City only for street and drainage maintenance in the Elkins Lake subdivision,
including the construction of a second entrance in compliance with the City's Development
Code. The City will provide street cleaning services.
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.
ELKINS LAKE MUNICIPAL UTILITY DISTRICT
Upon the dissolution of the MUD, the City shall take over all the property and assets of
the District, assume all the debts, liabilities, and obligations of the District, and perform all the
functions of the District. The District Board will be dissolved. The City agrees to honor any
contracts providing for the termination of leasehold interests in the administrative offices /post
office that were in effect prior to June 1, 1994. The City agrees to employ the District's Office
Manager in a similar position for the City, subject to the general rules and policies of the City
applicable to all City employees.
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.
6
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
7
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.
8
ANNEXATION SERVICE PLAN SUPPLEMENT
ELKINS LAKE
The City of Huntsville has proposed to annex the Elkins Lake Subdivision. The City of
Huntsville has requested the cooperation of the Elkins Lake Municipal Utility District Board
in accomplishing the proposed annexation. The City and Board enter into this agreement, to
be made part of the municipal service agreement of the City, to further the orderly exercise
of the City's annexation authority under State law.
I.
A. The Elkins Lake Municipal Utility District agrees to set its tax rate at: $1.09872. This tax
rate shall include a road maintenance tax - $.25; an operation and maintenance tax - $.10;
and a debt service tax - $.74872. The Board agrees to take the action before September
13th, or as soon hereafter as otherwise practical, in the manner provided by State law. It
is expected that this tax rate will generate $651,915.00.
B. The Elkins Lake MUD further represents that approximately $413,496 in other surplus
funds will be available to the City upon the acquisition of the MUD by the City of
Huntsville.
IL
In reliance upon the foregoing, and with the common understanding that it is fair that the
funds described in Section I be spent in the area of the Elkins Lake MUD, the City makes
the following commitments to the Elkins Lake MUD Board and the residents of Elkins Lake.
1. The City agrees to spend $665,402 of the funds described in Section I on Elkins Lake MUD
principal and interest payments on debt assumed by the City.
2. The City agrees to spend the additional surplus revenues acquired from and generated by
the MUD (about $400,009) as follows:
a. One half of the surplus funds (about $200,005) will be spent on street improvements
and maintenance in Elkins Lake Subdivision or a second entrance to Elkins Lake.
b. One half of the surplus funds (about $200,004) will be spent on improvement and
maintenance of the utility system or debt service related to MUD debt assumed by the
City.
9
3. The City agrees to provide an accounting for the above described revenues received prior
to October 1, 1995, and to provide an accounting for all the expenditures of those funds.
This accounting shall be a public record subject to public inspection at any time.
Revised: 8 -16 -94
10
ELKINS LAKE
LOCATION: Southeast of city on the west side of Interstate 45.
TOTAL AREA: 1133 acres.
LAND USE: This planned subdivision is primarily single family residential development
with a private golf course, club house and restaurant which is managed by
the Elkins Lake Recreation Corporation for the exclusive use of property
owners. The City of Huntsville owns and operates the N. B. Davidson
South Waste Water Treatment Plant in the southwest corner of this area.
POPULATION: 1,443
STREETS: There are approximately 17 miles of asphalt paved, curb and gutter streets
in this area.
EXISTING
UTILITIES: The City presently provides water and sewer service through a contract
with Elkins MUD. The City would assume the ownership and operation
of the water and sewer system from MUD. Upon annexation MUD would
be dissolved.
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GENERAL CHARACTERISTICS
AREA TO BE ANNEXED: ELKINS LAKE
ACREAGE
PRIVATE
PUBLIC
TOTAL
948
185
1,133
NUMBER OF DWELLING UNITS: 665
NUMBER OF COMMERCIAL/
INDUSTRIAL UNITS:
6
ESTIMATED POPULATION: 1,443
12
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"EXHIBIT C"
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per 1994 Annexation
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