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ORD 1994-35 - Annexation ( Badger - Johnson - 190- Geneva) 09-13-1994ORDINANCE NO. 94 -35 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, PROVIDING FOR THE ANNEXATION OF CERTAIN TERRITORY (BADGER ADDITION, JOHNSON ROAD, HIGHWAY 190 /GENEVA ROAD) 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 WHEREAS 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 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 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 ATTEST: Danna Welter, City Secretary Scott Bounds, City Attorney W. H. Hodges, Ma EXHIBIT "A" BADGER ADDITION, JOHNSON ROAD, HIGHWAY 190 /GENEVA ROAD BEGINNING at the northwest corner of the JAMES STRANGE SURVEY, Abstract No. 530, same being in the south line of the FOSTER BOBO SURVEY, Abstract No. 74 and being also the northeast corner of a called 4.158 acre tract as described in a Deed from J. E. Badger to Curtis Ellisor, dated February 22, 1966 and recorded in Volume 198, Page 545, Deed Records of Walker County, Texas, said corner being also the northwest corner of the E. Al Johnson Subdivision as per plat recorded in 108, Page 118, Deed Records; THENCE Easterly with the common lines of the BOBO and STRANGE SURVEYS, same being the north line of the E. Al Johnson Subdivision to the northeast corner of said subdivision, same being the northwest corner of a called 24.877 acre tract as described in a Deed to Perry L. Little recorded in Volume 208, Page 473, Deed Records; THENCE Southerly with the east line of said subdivision and the west line of said Little tract to a corner in the center of Tan Yard Creek, same being the southwest corner of said Little tract and the most southeasterly corner of said subdivision; THENCE Southerly across the STRANGE SURVEY pass a point for the northeast corner of E. Arthur Ross property and the northwest corner of the N. Clark property, continuing southerly with the east line of said Ross tract and the west line of said Clark tract pass the southeast corner of said Ross tract, same being in the southwest corner of said Clark tract and being on the north right -of -way line of Old Colony Road, continuing southerly across Old Colony Road to a point on its south right -of -way line, said point being in the north line of a called 5.8 acre tract described in a Deed to Sam Mock and being in the H. L. HUNTER SURVEY, Abstract No. 248; THENCE Westerly with the south right -of -way line of Old Colony Road to its intersection with the east right -of -way line of Geneva Road; THENCE Southerly with the east right -of -way line of Geneva Road to its intersection with the north right -of -way line of U.S. 190; THENCE Easterly with the north right -of -way line of U.S. 190 to a point of intersection if the west right -of -way line of Champion Woodyard Road was extended; THENCE Southerly, across U.S. 190 and continuing with the west right -of -way line of Champion Woodyard Road to a point 500 feet perpendicular with and south of the southwest right -of -way line of U.S. 190; THENCE Northwesterly being 500 feet south of and parallel with the south right -of -way line of U.S. 190 to its intersection with the existing city limits line as per Ordinance No. 81 -02, dated January 31, 1981; THENCE Northerly and northeasterly with the existing city limits line across the GRAY, HUNTER and T. P. McMILLIAN SURVEY, A -388 and across said Badger Addition to an ell corner of said city limits line and being in the north line of said Badger Addition and also being in the south line of the Hill N'Dale Subdivision as per plat recorded in Volume 174, Page 618, Deed Records; THENCE Easterly continuing with the existing city limits line and with the common lines of said Badger Addition and said Hill N'Dale Subdivision to its southeast corner, same being the upper northeast corner of said Badger Addition, and being the northeast corner of a called 0.38 acre tract as described in a Deed from J. Curtis Ellisor to George Grock, dated November 13, 1990 and recorded in Volume 0132, Page 448, Official Records of Walker County, Texas and being in the west line of a called 224 acre U.S.A. Forest Tract described as Tract J12a and recorded in Volume 82, Page 131, Deed Records and being also in the west line of the BOBO SURVEY and an east line of said McMILLIAN SURVEY; THENCE Southerly with an east line of said Badger Addition and the west line of said U.S.A. Forest Tract, same being the common lines of said BOBO and McMILLIAN SURVEYS to an angle corner of said Badger Addition, same being the southwest corner of said BOBO SURVEY and also being the southwest corner of a called 0.52 acre tract described as the "Second Tract" in a Deed to Jamie Brinegar as per deed recorded in Volume 0210, Page 327, Official Records; THENCE Easterly continuing with the common lines of said BOBO and McMILLIAN SURVEYS, to the PLACE OF BEGINNING. "EXHIBIT B" CITY OF HUNTSVILLE, TEXAS MUNICIPAL SERVICE PLAN BADGER ADDITION, JOHNSON ROAD, HWY. 190 /GENEVA ROAD 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 1 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 2 in the development process. Therefore, annexation is usually fiscally beneficial in the long term, but not in the short term. 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 3 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 4 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 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 BADGER ADDITION, JOHNSON ROAD, HWY. 190 /GENEVA ROAD LOCATION: Badger Addition: Northeast side of city, adjacent to Highway 30 (formerly known as Old Highway 19). Johnson Road: East side of city adjacent to Highway 19 NE. Hwy. 190 /Geneva Road East of Highway 19 and north of Highway 190. TOTAL AREA: 714 acres. LAND USE: The area contains 141 single family residential structures and three commercial facilities. POPULATION: The area has approximately 309 minority and 59 non - minority residents. STREETS: There is approximately 5 miles of streets in this area. Approximately one - half of these streets are non -curb asphalt. The remaining one -half of the streets are not paved. EXISTING UTILITIES: Municipal water is limited within these areas, however, services can be extended under the City's current utility extension policy. Due to the topography, land use and population density, the areas are now served by individual sewage disposal systems. 8 R. T. Mar Snail 271.449 ' 53.74 70 0 J ' VAlsen AS,STICANGE Win McCarter ' Rosetta 56/729 25 e A- 1/761 1 Belt James Gordon Jones. J°HNSQW Armor Marrs) SUEIVIVISION 137,137 195 Sgl.ne • 3/420 25 0 Rigstf Rood mortar Est 51 59 J C Reese nglian 'l11°A3wvq.0 Rotting Obinsorl Robin Ot C LeveSt David inste et at 237/ GENERAL CHARACTERISTICS AREA TO BE ANNEXED: BADGER ADDITION, JOHNSON ROAD, GENEVA RD., HWY. 190 ACREAGE PRIVATE PUBLIC TOTAL 685 29 714 NUMBER OF DWELLING UNITS: 141 NUMBER OF COMMERCIAL/ INDUSTRIAL UNITS: 3 ESTIMATED POPULATION: 368 9 1\\ \— I I 1 \ \ \/ \_ "EXHIBIT C" \ LANE, JOHNSON RD GENEVA RD. /HWY. 190 • ■ Management District Neighborhood Conservation /* /4 ft• Temporary Zoning Districts per 1994 Annexation lat