Ord 107-97 10/7/1997ORDINANCE NO. t(fi-qq
AN ORDINANCE ANNEXING AN AREA GENERALLY REFERRED TO
AS THE KIEL ROAD /287 AREA; FINDING AND DETERMINING THAT
THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS
OPEN TO THE PUBLIC AS REQUIRED BY LAW.
WHEREAS, the development potential of the area described herein creates a
need for the City to exercise its right to annex lands within an extraterritorial jurisdiction
granted by the State Legislature to protect the area from negative impacts resulting
from the effects of uncontrolled development; and,
WHEREAS, the effects of uncontrolled development to the existing City could be
detrimental to the welfare of the City and constrain its ability to attract development
which reflects a positive image of the City; and,
WHEREAS, application of existing City ordinances are necessary to protect and
enhance the quality of life in the area; and,
WHEREAS, public hearings have been conducted in accordance with
requirements for such under Chapter 43.052 of the Texas local Government Code; and,
WHEREAS, a plan for the provision of municipal services has been available
prior to the public hearings and included herein as Attachment A in accordance with
Chapter 43.056 of the Texas local Government Code; and,
WHEREAS, the area under consideration for annexation has a spatial layout and
use of land which may be conducive to the keeping of animals and fowl, which may
define the character of the area, and where there is a need to evaluate existing
regulations affecting same; and,
WHEREAS, the City Council deems that the annexation of the area defined
herein is in the public interest.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
SECTION 1. The area described in Attachment A, Service Plan, is hereby
annexed into the City of Wichita Falls.
SECTION 2. Attachment A, Service Plan, is hereby adopted and considered a
contractual agreement for the City to provide services as described therein, and subject
to amendment as provided by State law.
SECTION 3. All provisions of the Code of Ordinances of the City of Wichita
Falls shall be in effect on the effective date of this Ordinance, with the exception that a
180 day moratorium shall exist on the application of Chapter 5 Animals and Fowl,
Article VI Keeping of Animals, Fowl, Livestock, Wildlife: Regulations and Sanitation
Requirements, save and except those provisions under Article VI which are subject to
regulations by other governmental entities, to allow sufficient time to study the area and
make recommendation as to the keeping and maintenance of animals and fowl within
the City.
SECTION 4. It is hereby officially found and determined that the meeting at
which this Ordinance was passed was open to the public as required by law.
PASSED AND APPROVED this the 7th day of October, 1997.
ze'4'
MAYO
ATTEST:
� A,"i "
0 City Clerk
ATTACHMENT A
City of Wichita Falls
ANNEXATION SERVICE PLAN
Generally Referred to as the
U.S. 287 AREA
September 1997
i !
INTRODUCTION
Pursuant to Chapter 43 of the Texas Local Government Code, the City of Wichita Falls
has prepared this Service Plan for the delivery of municipal services to an area which is
proposed to be annexed to the City. This area of land is shown in a map herein labeled
Exhibit A, and further described by field notes in Exhibit B.
The area proposed to be annexed contains approximately 2,359 acres. Land uses in
the area are comprised of 29 single - family detached dwellings, 4 mobile /manufactured
homes and 13 non - residential or commercial land uses. A majority of the area is
agricultural in nature.
Based on procedures used in the 1990 Census to determine population, a multiplier of
2.71 persons per household has been used to calculate the population of 89.
The catalyst for this annexation stems from three primary factors:
1. Within the past three years, the City has received several development inquires
within this area. These inquiries have been non - residential, commercial
ventures. Two inquiries have related to mobile home parks, also classified as
commercial uses.
2. The Texas Legislature established an extraterritorial jurisdiction (ETJ) for cities in
Texas "...to promote and protect the general health, safety and welfare of
persons residing in and adjacent to the municipalities." (42.001 LGC). -In
general, land uses are not regulated. Due to the nature of inquiries into
developing this area, there is a need for the City to annex this area in order to
enforce land use activities to prevent the undesirable effects of potential land
uses upon the existing land uses — which may degrade future development
potentials for the area.
Once development pressures increase in an area, a municipality should have
sufficient land use controls in place so that a logical pattern of development may
occur. Not having such controls in -place may put the municipality's future
development and taxing potential at -risk, where the consequence of
development could be a detriment to the City, which in turn has the potential for
decreasing the quality of services within the City.
3. U.S. Hwy. 287 is listed as a primary route on the National Highway System
(NHS). The four intersections within the area of annexation provides a quick
means of access to and from U.S. 287. Having this ingress and egress provides
the basis for the future transportation network within this area. In addition, the
topography in the area offers high visibility for retail land uses.
- - _ EXHIBIT "A"
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F.M. 369
WICHITA VALLEY WATER —
SUPPLY CORPORATION CCN
EXHIBIT B
Field Notes
BEGINNING at a point in the west City limit line of a tract of land annexed by Ordinance
No. 2598, Tract III, said point being 1,000 feet south of the south right -of -way of US
287;
THENCE in a northwesterly direction, 1,000 feet south of and parallel to the south right -
of -way line of US 287, to the intersection of the west line of the Charles L. Harrison
survey A -95, same being the east line of the N. Dembriskie Survey A -66;
THENCE north along said common line between A -95 and A -66 to an intersection with
the south line of the John Thomas Survey A -283;
THENCE westerly along the said south line of the John Thomas Survey A -283 to the
intersection with a line 950 feet east of and parallel to the east right -of -way line of F.M.
369;
THENCE northerly along a line 950 feet east of an parallel to the east right -of -way line
of F.M. 369, to a point in the south line of a tract conveyed to Ray N. Lunn as recorded
in Vol. 1200, Page 508, Wichita County Deed Records;
THENCE westerly along said south line of the Ray N. Lunn tract, to a point of
intersection in the east right -of -way line of F.M. 369;
THENCE southerly along the east right -of -way line of F.M. 369 to the intersection with
the north line of the L.F. Miller tract (as recorded in Vol. 384 Page 489, Wichita County
Deed Records) extended;
THENCE westerly along said north line extended easterly, to the intersection of a line
1,000 feet west of and parallel to the west right -of -way of F.M. 369;
THENCE northerly parallel to and 1000 feet west of the west right -of -way line of F.M.
369, to a point 370 feet south of the center line of Rodgers Road;
THENCE easterly along a line 370 feet south of and parallel to the center line of
Rodgers Road to a point for intersection in the east right -of -way line of F.M. 369;
THENCE northerly along the east right -of -way line of F.M. 369 to a point, said point
being the intersection of the east right -of -way line of F.M. 369 and south line of the
James V. Allred Prison tract recorded in Vol. 1621 Page 34 Wichita County Deed
Records;
THENCE easterly along the south line of the said James V. Allred Prison tract, to the
southeast corner of said tract and continuing to a point on the west right -of -way line of
Hunnington Lane;
THENCE southerly along the west right -of -way line of Hunnington Lane to the
intersection of the westerly extension of the north line of a 160 acre tract conveyed to
Charlotte Spragins in Vol. 1341, Page 589, Wichita County Deed Records;
THENCE easterly along the north side of the said Charlotte Spragins 160 acre tract to a
point at the northeast corner of said tract;
THENCE southerly along the east line of the said Charlotte Spragins 160 acre tract to a
point 1,000 feet north of and parallel to the center line of Kiel Road;
THENCE easterly 1,000 feet north of and parallel to the center line of Kiel Road to a
point on the east right -of -way line of Wellington Lane;
THENCE south along the east right -of -way line of Wellington Lane to a point 1,000 feet
north of the center line of Kiel Road;
THENCE easterly, 1,000 feet north of and parallel to the center line of Kiel Road and
Kiel Road extended easterly to a point in the east right -of -way line of City View Lane;
THENCE easterly to the northwest comer of a tract of land annexed by the City of
Wichita Falls by Ordinance No. 2838, Tract I;
THENCE southerly and easterly along the westerly City limit line defined in Ordinance
No. 2838, Tract I, to the most southeasterly corner of said tract.
THENCE southerly along the westerly City limit line defined in Ordinance No. 2598,
tract 2, to an intersection with a northern City limit line defined by Ordinance No. 87 -86.
THENCE westerly and southerly to the southwest corner of the City limit defined by
Ordinance No. 87 -86;
THENCE easterly and southerly along a City limit line defined by Ordinance No. 87 -86,
to a point in the northern City limit line defined by Ordinance No. 2598, Tract III.
THENCE westerly along the northerly City limit line defined by Ordinance No. 2598,
Tract III, to a point intersected by the easterly City limit line defined by Ordinance No.
2670, Tract I.
THENCE northerly and westerly to the northwest corner of said Tract I defined by
Ordinance No. 2670, said point being the most northwesterly corner of said Tract I.
THENCE southerly and easterly along the westerly and southerly City limit line of said
Tract I defined by Ordinance No. 2670, to a point intersecting said south line of Tract 1,
and the west City limit line of Tract III, as defined by Ordinance No. 2598;
THENCE south along the west City limit line of said Tract III, as defined by Ordinance
No. 2598, to a point 1,000 feet south of the south of the south right -of -way line US 287,
said point being the PLACE OF BEGINNING, being 2,492 acres more or less.
SERVICES TO BE PROVIDED WITHIN 60 DAYS OF ANNEXATION
This area will be served using the same standards for response, together with
investigative services as provided to other areas of the City.
Fir
1. With the current geographic location of the stations, response times to the area
will be within acceptable parameters.
2. Fire protection and suppression personnel and equipment from the Wichita Falls
Fire Department will be provided upon request using existing personnel and
equipment. The services of the City of Wichita Falls Fire Marshall shall be
provided within the same time frame.
0
1. Open park areas for picnicking will be available to all resident of the annexed
area on the same basis as residents presently residing within the City limits.
2. Services provided will be identical to those provided to persons living in other
areas of the City.
Library services identical to those services to persons living in other areas of the City
will be provided to the annexation area.
1. The City will supply curbside manual service by extending our current manual
collection service routing. The collection of solid waste from the individual
properties and containers shall be made in accordance with usual department
scheduling and rates.
2. Commercial refuse collection services will be provided to any business located in
the annexed area under the same rate, procedures and regulations as presently
provided for any business customer within the City, upon request.
3. The use of the Cities sanitary collection facilities and transfer station(s) will be
available to all residents of the newly annexed area, and on the same basis as
those residents living within the City limits.
Maintenance of streets and roads shall be on a level comparable to that provided for
other areas of the City with similar roads, equivalent population densities, degrees and
nature of development, traffic patterns, and other factors influencing street
maintenance.
Water and Waste Water Facilities
Maintenance
1. Maintenance of water facilities will include those facilities installed by the City or
installed according to City standards and specifications.
2. Wastewater or sanitary sewerage will be in accordance with individual
application of septic systems, which shall be the responsibility of the property
owner or tenant. The City will maintain facilities installed by the City or installed
according to City standards and specifications.
Development
1. Additional extensions of a water system shall be at the expense of the
"applicant" as per Chapter 32, Article IV and the Comprehensive Subdivision
Ordinance of the Code of Ordinances of the City of Wichita Falls.
2. Sanitary sewer extensions shall be at the expense of the "applicant" in
accordance with Chapter 32, Article IV and the Comprehensive Subdivision
Ordinance of the Code of Ordinances of the City of Wichita Falls.
Planning and Zoning Services
1. Planning and zoning services will be provided immediately upon annexation. In
addition to the protection of property values through the enforcement of zoning
and -subdivision regulation, other services including the processing of
applications for zoning change and site plan review will be provided by existing
City staff.
2. Rezoning of properties will be handled in accordance with existing City
procedures. Existing use of properties in conflict with permitted uses shall be
deemed nonconforming, and shall continue to operate in accordance with
Section 6100 of the Zoning Ordinance.
Engineering Services
Engineering services, including the review of development plans, issuance of permits
as required in the development phase, and the inspection of the installation of water
and sanitary sewer mains, storm sewers, and the paving of streets and alleys, will be
provided immediately by public works personnel.
Inspection services, including the review of building plans, the issuance of permits and
the inspection of all buildings, plumbing, mechanical, and electrical work to ensure
compliance with City codes and ordinances, will be provided by Building Inspection
personnel.
Traffic Services
Installation of needed or necessary traffic signs, including street name, warning and
regulatory signs, will be installed and maintained by existing personnel according to
established procedures and priorities. Traffic counts and other related studies will be
conducted as warranted, using the same procedures and guidelines as practiced within
the City.
Environmental Health and Code Enforcement Services
1. Complaints of ordinance violation or other code violations within the area will be
answered and investigated by existing personnel.
2. Animal control services will be provided to those areas within the annexed area
using existing personnel and equipment.
3. Vector control services will be provided to those areas within the annexed area
using existing personnel and equipment.
Miscellaneous Services
General municipal administration and administrative services of the City will be
available to the annexed area beginning with the effective date of the annexation
ordinance.
, SERVICES TO BE PROVIDED WITHIN 4% YEARS OF ANNEXATION
Within the area of annexation, there currently exist a level of service for water and
waste water which corresponds to other areas of the City with similar population
densities. No plans currently exist for any capital improvements to be made within the
annexed area with the exception of the following: once the water requirements of the prison
expansion are known or within a period not to exceed two years, if the water capacity is
insufficient for normal development of the area, the city shall commit to constructing a water
tower with a minimum capacity of 150,000 gallons to free up sufficient water capacity.
ORDINANCE NO. 96-97
"ORDINANCE - APPROPRI-
-A T +_I "N'G -_F U N D S R E-
C'EIVED.FROM THE
FEDERAL'AVIATION 'AD-
MINISTRATION
'-'ORDINANCE NO.97 -97
AN ORDINANCE REZON- Iere)
ING'THE NORTH:POR
TION"OF'LOTS'1 =A &'2,
BLOCK 28; FOUNTAIN
PARK SECTION 18 -B,
WICHITA FALLS, TEXAS
FROM SINGLE FAMILY -1
RESIDENTIAL TO GEN-
ERAL COMMERCIAL
ZONING; FINDING AND
DETERMINING THAT
THE MEETING AT
WHICH THIS ORDINANCE
WAS PASSED WAS OPEN
TO THE PUBLIC AS RE-
QUIRED BY LAW
ORDINANCE NO.98 -97
AN ORDINANCE WAIV-
ING SECTION 4220(1), OF
THE ZONING ORDI-
NANCE, GOVERNING
THE PLACEMENT OF A
CARPORT IN THE FRONT
SETBACK AT 4526 ALAMO
DR.; FINDING AND DE-
TERMINING THAT THE
MEETING AT WHICH
THIS ORDINANCE WAS
PASSED WAS OPEN TO
THE PUBLIC AS RE-
QUIRED BY LAW
ORDINANCE NO.99 -97
AN ORDINANCE APPRO-
PRIATING FUNDS AP- uuweu�w�
PROVED FROM THE
TEXASDEPARTMENT
OF HOUSING AND COM-
MUNITY AFFAIRS L
(TDHCA) FOR THE XAS
4 EMERGENCY SHELTER xt31r97i
?, GRANTS PROGRAM;
FINDING AND DETER- anq,9�
MINING THAT THE
MEETING AT WHICH
THIS ORDINANCE WAS
PASSED WAS OPEN TO
THE PUBLIC AS RE-
V QUIREDBYLAW
ORDINANCE NO.100 -97
ORDINANCE WAIVING
APPENDIX A, SUBDIVI-
SION 9(B)(2)(a) OF.THE
CODE OF ORDINANCE
WITH RESPECT TO
PLACING CURB AND
GUTTER ON THE WEST
SIDE OF BARNETT ROAD
ADJACENT TO THE EAST
LINE OF LOT 1, BRAD-
LEY ADDITION
ORDINANCE NO. 101-97
ORDINANCE WAIVING
APPENDIX A, SUBDIVI-
SION SECTION 9(B)(2)(0)
OF THE CODE OF ORDI-
NANCES WITH RESPECT
TO PLACING CURB AND
GUTTER ON THE SOUTH -
EAST SIDE OF-STATE
HIGHWAY 79 ADJACENT
TO THE NORTHWEST
LINE OF LOT 1, BLOCK 1,
DEFORDADDITION
ORDINANCE NO.102 -97
ORDINANCE WAIVING
APPENDIX A, SUBDIVI-
SION 9(B)(2)(a) OF THE
CODE OF ORDINANCES
WITH RESPECT TO
PLACING CURB AND
GUTTER ON THE NORTH
SIDE OF OPPORTUNITY
DRIVE ADJACENT TO
THE SOUTH LINE OF
WORK SERVICES COR-
PORATION TRACT
ORDINANCE NO. 103-97
ORDINANCE MAKING
AND APPROPRIATION
OF $7,485 TO THE GEN-
ERAL FUND FOR ADDI-
T 1 0 N A L G R A N T
REVENUE RECEIVED
FROM THE TEXAS DE-
PARTMENT OF HEALTH
AND AUTHORIZING THE
v,4 )6,7—,97
Affidavit of Publication
THE STATE OF TEXAS
COUNTY OF WICHITA
#709884
On this 29th day of October
A.D.....1..�.� ... personally appeared before me, the undersigned authority
Courtney Howard. bookkeeper
for the Times Publishing Company of Wichita Falls, publishers of the Wichita Falls
Times /Record News, a newspaper published at Wichita Falls in Wichita County,
Texas, and upon being duly sworn by me, on oath states that the attached
advertisement is a true and correct copy of advertising published
in one (1) issues thereof on the following dates:
October 26 1997 %
r J
Bookkeeper for Times Pu lishing Company
of Wichita Falls
Subscribed and sworn to before me this the day and year first above written:
1
WORK SERVICES COR-
PORATION TRACT
ORDINANCE NO. 103-97
ORDINANCE MAKING
AND APPROPRIATION
" OF $7,485 TO THE GEN-
ERAL FUND FOR ADDI-
T I O N A L G R A N T
REVENUE RECEIVED
FROM THE TEXAS DE-
PARTMENT OF HEALTH
AND AUTHORIZING THE
CITY MANAGER TO EXE-
CUTE CONTRACT AC-
CEPTINGSAME
ORDINANCE NO.104 -97
AN ORDINANCE OF THE
CITY COUNCIL OF THE
CITY-OF W I C H I T A
FALLS, TEXAS, AMEND -
ING CHAPTER 15, ARTI-
CLE 1 OF THE CODE OF
ORDINANCES REGULAT-
ING THE SALE, USE,
STORAGE AND MANU-
FACTURING OF FIRE-
WORKS AT SECTION
15 -1(b); (c); AND (1);
PROVIDING FOR INCLU-
SION IN THE CODE OF
ORDINANCES; FINDING
AND DETERMINING
THAT THE MEETING AT
WHICH THIS ORDINANCE
WAS PASSED WAS OPEN
TO THE'PUBLIC AS RE-
QUIRED BY LAW
ORDINANCE NO. 105-97
AN ORDINANCE OF THE
CITY COUNCIL OF THE
C I T Y OF W I C H I T A
FALLS, TEXAS, APPROV-
ING FUNDING OUT -OF
THE 4A SALES'TAX REV-
ENUES IN THE AMOUNT
OF $400;000 TO BLUE
CROSS AN.D BLUE
SHIELD OF TEXAS FOR
PHASE 1 OF THE BLUE
CROSS AND BLUE,
SHIELD RELOCATION TO
2215 SOUTHWEST PARK-
WAY; FINDING AND DE-
TERMINING THAT THE
MEETING AT WHICH
THIS ORDINANCE WAS
PASSED WAS OPEN TO
THE PUBLIC AS RE-
QUIRED BY LAW
ORDINANCE NO.106 -97 '
AN ORDINANCE ANNEX-
ING AN AREA GENERAL-
LY REFERRED TO AS
THE KOVARIK ROAD AR-
EA; FINDING AND DE-
TERMINING THAT THE
MEETING AT WHICH
THIS ORDINANCE WAS
PASSED WAS OPEN TO
THE PUBLIC AS RE-
QUIREDBYLAW
ORDINANCE NO.107 -97
AN ORDINANCE ANNEX-
ING AN AREA GENERAL-
LY REFERRED TO AS
THE KIEL ROAD /287 AR-
EA; FINDING AND DE-
TERMINING THAT THE
MEETING AT WHICH
THIS ORDINANCE WAS
PASSED WAS OPEN TO
THE PUBLIC AS RE-
n11J0cn0V1 Au,
ire)
(a�-k / '7 --,9 7
Affidavit of Publication
THE STATE OF TEXAS
COUNTY OF WICHITA #709884
On this 29th day of October
A.D.....19 9,7 . . . personally appeared before me, the undersigned authority
CourtnIay Howard bookkeeper
for the Times Publishing Company of Wichita Falls, publishers of the Wichita Falls
Times /Record News, a newspaper published at Wichita Falls in Wichita County,
Texas, and upon being duly sworn by me, on oath states that the attached
advertisement is a true and correct copy of advertising published
in one (1 ) issues thereof on the following dates:
October 26 1997
Bookkeeper for T��ng Company
of Wichita Falls
Subscribed and sworn to before me this the day and year first above written: