ORD 1994-32 - Annexation - Highway 30 West 09-13-1994ORDINANCE NO. 94 -32
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HUNTSVILLE, TEXAS, PROVIDING FOR THE ANNEXATION OF
CERTAIN TERRITORY (HIGHWAY 30 WEST) 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 Tuesday, August 2, 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 Tuesday, August 16, 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:
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, Mayor
ATTEST:
anna Welter, City Secretary
APPROVED:
Scott Bounds, City Attorney
EXHIBIT "A"
S. H. 30 WEST
BEGINNING at a point for the southwest corner of a called 132 acre tract as described
in a Deed to Helen Oliphant Spencer as recorded in Volume 169, Page 320, Deed Records, said
point being an ell corner of a tract or parcel of land as described in a Deed to Herman L. Byrd,
dated May 15, 1971 and recorded in Volume 235, Page 680, Deed Records, said point being
a corner of an existing city limits line as per Ordinance No. 80 -50, dated October 14, 1980 and
known as Area "C ";
THENCE Westerly across said Byrd property to a point at the southeast corner of Lot
5 and the northeast corner of Lot 6 of Westridge Subdivision, Section One as per a plat recorded
in Volume 1, Page 31, Plat Records of Walker County, Texas;
THENCE with the east line of said Westridge Subdivision, Section One and the west line
of said Byrd tract, as follows:
1) S18 °42'30 "E - 791.38 feet;
2) S 15 °23'25 "W- 427.29 feet;
3) N86 °30'15 "E - 9.36 feet;
4) S07 °47'30 "W - 626.23 feet;
5) S12 °31'05 "W - 195.29 feet; and
6) N74°36'35 "W- 101.44 feet to a point in the beginning of a curve to the left;
THENCE with said curve to the left having a radius of 572.13 feet, central angle of
30 °26'45" and a chord bearing of S00 °10'00 "W - 300.45 feet to a point in said curve, said point
being at the southeast corner of said Section One, same being the northeast corner of Westridge
Section Two as per plat recorded in Volume 1, Page 34, Plat Records;
THENCE continuing with said curve to the left with a central angle of 73°07'14" for a
length of 730.14 feet to a point for the end of said curve, said point being the northeast corner
of Lot 7 of Section Two;
THENCE with the east and south lines of Section Two as follows:
1) S11 °39'00 "W - 361.45 feet;
2) S33 °27'00 "E - 161.55 feet;
3) N78 °21'00 "E - 204.80 feet; and
4) S12 °17'00 "E - 1650.00 feet to the southeast corner of said Section Two;
THENCE S78 °21'W, with the south line of Section Two, for a distance of 957.95 feet
to a point for the southwest corner of Section Two, same being the southeast corner of Section
Three of said Westridge Subdivision as per plat recorded in Volume 2, Page 32, Plat Records;
THENCE S75 ° 32' 30 "W, with the south line of Section Three, for a distance of 957.55
feet to an angle point;
THENCE N83 °59'W, continuing with the south line of Section Three, for a distance of
278.9 feet to another angle point;
THENCE with the west line of Section Three as follows:
1) N35°52'00"W-197.95 feet; and
2) N13°04'40"W-708.15 feet to a point for the southeast corner of the Glass
Subdivision as per plat recorded in Volume 1, Page 53, Plat Records;
THENCE S89°45'30"W, with the south line of said Glass Subdivision, for a distance of
665.9 feet to a point for an angle corner, said point being at the northeast corner of a called
162.48 acre tract as described in a Deed to August Niederhofer;
THENCE S89°51'W, continuing with the south line of said Glass Subdivision and the
north line of the 162.48 acre tract, for a distance of 702.25 feet to a point for the southwest
corner of the Glass Subdivision;
THENCE N01°11'W, with the west line of the Glass Subdivision, for a distance of
3836.55 feet to a point at the northwest corner of the Glass Subdivision, same being in the south
right-of-way line of S. H. 30;
THENCE N53°25'E, with the north line of the Glass Subdivision and the south right-of-
way line of S. H. 30, for a distance of 690.90 feet to a point in the center of Sumac Road;
THENCE N53°32'20"E, continuing with the north line of Glass Subdivision and the
south right-of-way line of S. H. 30, for a distance of 201.8 feet to a point for the northeast
corner of Glass Subdivision;
THENCE Easterly continuing with the south right-of-way line of S.H. 30, to a point in
said existing city limits line as per Ordinance No. 80-50, same being the northwest corner of
Spencer tract;
THENCE Southwesterly with the existing city limits line and the west line of said
Spencer tract, to the PLACE OF BEGINNING.
"EXHIBIT B"
CITY OF HUNTSVILLE, TEXAS
MUNICIPAL SERVICE PLAN
HWY. 30 (WEST) - (WESTRIDGE /GLASS)
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
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
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
1,
' - 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 30 (WEST)
(WESTRIDGE /GLASS)
LOCATION: West of the city, extending from Highway 30 southward.
TOTAL AREA: 401 acres.
LAND USE: All existing structures are single family residential on estate type lots (1
to 5 acres in size). Several tracts of land adjacent to Highway 30 have
been reserved for commercial use but at present are vacant.
POPULATION: An estimated 428 people reside in the area within 153 dwelling units.
The inhabitants within Westridge /Glass are non - minority, middle income.
STREETS: Approximately five (5) miles of streets exist in the area. Of this total,
approximately one -half mile consists of Highway 30. The remaining 4.5
miles are paved, non - curbed residential streets ranging in condition from
good to poor.
EXISTING
UTILITIES: Municipal water is available to the Westridge Subdivision and is
extendable to the Glass Subdivision under the City's current Utility
Extension Policy. Due to the topography, land use and population
density, the area is entirely served by individual sewage disposal systems.
8
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GENERAL CHARACTERLSTICS
AREA TO BE ANNEXED: HIGHWAY 30 (WEST)
WESTRIDGE/GLASS
ACREAGE
PRIVATE 372
PUBLIC 29
TOTAL 401
NUMBER OF DWELLING UNITS:
NUMBER OF COMMERCIAL/
INDUSTRIAL UNITS:
ESTIMATED POPULATION: 428
LOCATION MAP
-- -1 A._1
"EXHIBIT C"
HIGHWAY 30 - WEST
.- .- ■...........• -1- .M.INI
Management District
Neighborhood Conservation
Temporary Zoning Districts
per 1994 Annexation