Ordinance No. 1511

ORDINANCE NO. 1511
AN ORDINANCE ANNEXING TO THE CITY OF ROCKPORT, TEXAS, 1,225
ACRES OF LAND, MORE OR LESS, LYING WITHIN THE CITY'S
EXTRATERRITORIAL JURISDICTION; AS HEREIN MORE PARTICULARLY
DESCRIBED, AND ALSO SHOWN AS AREA "X" IN THE CITY OF
ROCKPORT'S ANNEXATION POLICY MAP; AND EXTENDING THE
BOUNDARIES OF THE CITY OF ROCKPORT SO AS TO INCLUDE SAID 1,225
ACRES WITHIN THE CITY LIMITS; AND GRANTING THEREIN TO ALL
INHABITANTS ALL OF THE RIGHTS AND PRIVILEGES OF ALL OTHER
CITIZENS OF THE CITY OF ROCKPORT, AND FURTHER ENCUMBERING
AND EXTENDING TO SAID 1,225 ACRES AND ITS INHABITANTS ALL OF
THE ACTS AND ORDINANCES OF SAID CITY; ADOPTING THE AREA "X"
SERVICE PLAN; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the city is authorized to annex territory in accordance with V.T.C.A. Local
Government Code, Section 43.02 1 and its home-rule charter; and
WHEREAS, said territory proposed to be annexed is within the city's extraterritorial
jurisdiction and is contiguous to the city; and
WHEREAS, the city has prepared a service plan for said territory which is attached as Exhibit
"A" to this ordinance; and
WHEREAS, the city has published notice of public hearings on said proposed annexation and
held such public hearings as required by state law; and
WHEREAS, after hearing and considering arguments for and against the same, the governing
body voted to annex the territory described herein into the city.
NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY
OF ROCKPORT, TEXAS:
That the territory hereinafter described is hereby annexed into the city, and that
Section 1:
the boundary limits of the city are hereby extended to include said territory within the city limits
and the same shall hereafter be included within the territorial limits of said city, and said land
and the fbture inhabitants thereof shall hereafter be entitled to all rights and privileges of other
citizens of the city and shall be bound by the acts and ordinances of said city. The following
Annexation Area 'X" of the City's Annexation Policy Map more particularly described as
follows; to wit:
BEING THE DESCRIPTION OF 1,225 ACRES OF LAND, MORE OR LESS, OF WHICH 96.1
ACRES, MORE OR LESS, IS OWNED BY THE STATE OF TEXAS AND 0.16 ACRES, MORE
OR LESS, IS OWNED BY ARANSAS COUNTY, WITH SAID 1,225 ACRES BEING OUT OF
PORTIONS OF THE SAMUEL HIGHLAND SURVEY A-73, PAUL MCCOMBS SURVEY A-31,
AND THE CHARLES S. ZENN SURVEY A-226, ARANSAS COUNTY, TEXAS WITH SAID
PROPERTY MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS IN FIELD
NOTES SHOWN IN EXHIBIT "B" AND MAP AS EXHIBIT "C".
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That the municipal service plan for the herein annexed temtory provided for in
Section 2:
Exhibit "A"attached hereto is hereby adopted.
That the city secretary is hereby directed to file with the county clerk and other
Section 3:
appropriate officials and agencies, as required by state and federal law and city annexation
procedures, a certified copy of this ordinance.
This ordinance shall become effective immediately upon adoption by second and
Section 4:
final reading.
APPROVED and PASSED on first reading this 2dhday ofAUGUST, 2010.
CITY OF RO
ATTEST:
Irma Parker, City Secretary
APPROVED, PASSED and ADOPTED on second and final reading this
SEPTEMBER, 2010.
la day
ATTEST:
Irma Parker, City Secretary
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of
EXHIBIT "A"
Annexation service plan
For
ANNEXATION AREA "X"
1,225 Acres
(96.1 acres State of Texas, 0.16 acres -Aransas County
= 96.26 acres or a total of 1,128.74)
-
DESCRIPTION
BEING THE DESCRIPTION OF 1,225 ACRES OF LAND, MORE OR LESS, OF WHICH
96.1 ACRES, MORE OR LESS, IS OWNED BY THE STATE OF TEXAS AND 0.16 ACRES,
MORE OR LESS, IS OWNED BY ARANSAS COUNTY, WITH SAID 1,225 ACRES BEING
OUT OF PORTIONS OF THE SAMUEL HIGHLAND SURVEY A-73, PAUL MCCOMBS
SURVEY A-31, AND THE CHARLES S. ZENN SURVEY A-226, ARANSAS COUNTY,
TEXAS WITH SAID 1,225 ACRES OF LAND, BEING REFERRED TO AS ANNEXATION
AREA "Xu.
SERVICE PLAN REQUIREMENTS
In accordance with the directives of the City Council of the City of Rockport, Texas, and in
accordance with the City's Comprehensive Plan, and in accordance with the requirements of
Subsection 43.056 of the Texas Local Government Code, the following service plan for the area
hereinafter referred to as Area "Xu, and as shown on the accompanying map has been prepared.
The proposed plan may be amended as a result of the public hearing process in accordance with
Subsection 43.056 of the most current edition of the Texas Local Government Code. This service
plan shall become a part of an annexation ordinance submitted to the City Council for
consideration and action, if any.
The following services will be provided must be provided on the effective date of the annexation
of the area in accordance with Subsection 43.056 of the most current edition of the Texas
Local Government Code regarding services to newly annexed areas:
A. POLICE PROTECTION - The Rockport Police Department will initiate 1 1 1 police and
law enforcement services to this proposed annexed area at the effective date. Both
divisions of the police department will coordinate this service plan.
1. The Patrol Division will provide active patrol services in the proposed area.
These services will include accident investigation and preventative patrol to
deter violations of statutes and local ordinances. The Patrol Division will also
assist other emergency-related agencies responding within this proposed area.
The Patrol Division will provide further service to our customers by initiating
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2.
and monitoring vacationlproperty checks for residences and businesses requesting such programs during their absence.
The Criminal Investigation Division will provide for active investigation
services to be implemented in the proposed area. These services include crime
scene search and the related analysis and investigation leading to the
identification of suspects, issuance of arrest warrants and the apprehension of
suspected offenders; preparation and submission of cases to the appropriate
agency for prosecution andlor presentation to a Grand Jury; and response to
citizen requests for crime prevention and security inspections of their real
property. A review of the ongoing criminal investigations will be conducted to
determine which (if any) cases should be transferred to the Rockport Police
Department Investigation Division: The Criminal Investigation Division will
assist in the development of neighborhood watch programs and conduct certified
residential and business security surveys upon request.
The Rockport Police Department will coordinate with the proper governmental agencies
to ensure that 9 11 map sheets will be updated related to 9 11 calls within the specified
zone.
B. FIRE PROTECTION - Fire protection for this area is currently being provided by the
Rockport Volunteer Fire Department, Inc. There is a fire substation currently located at
119 Freeze Lane. Annexation of the proposed area will not alter the response times,
service sectors or the existing interagency agreements.
C. EMERGENCY MEDICAL SERVICES - Emergency medical services is currently
provided by the Aransas County Medical Services, Inc. from their facility located at 400
Enterprise Boulevard, Rockport, Texas. Annexation of the proposed area will not alter
the response times or any existing interagency agreements.
D. SOLID WASTE COLLECTION - Solid Waste Collection will be provided by the
City's contractor, Allied Waste Services, Inc. However, before the second anniversary of
the date an area is included within the corporate boundaries of a municipality by
annexation, the municipality may not prohibit the collection of solid waste in the area by
a privately owned solid waste management service provider and the municipality is not
required to provide solid waste collection services to a person who continues to use the
services of a privately owned solid waste management service provider.
E. OPERATION AND MAINTENANCE OF WATER AND WASTEWATER
FACILITIES - The City of Rockport provides limited service within this area for
residential and commercial properties to comply with State Standards. Customer rates for
water and wastewater services will be reduced from the "Outside City Limit" rate to the
"Inside City Limit" rate as of the effective date of the annexation. In accordance with
Subsection 43.056 of the Texas Local Government Code, "the municipality shall provide
the service by any of the methods by which it extends the services to any other area of the
municipality."
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NOTE: Pursuant to the City of Rockport Code of Ordinances, Chapter 102, Article 111, Division 2, should a
public sewer connection or line be installed within a public easement or right-of-way have a common
border with any property subject to this service plan, then the property owner will be required to connect
any existing or new structure to the sewer collection system.
F. OPERATION AND MAINTENANCE OF ROADS AND STREETS, INCLUDING
ROAD AND STREET LIGHTING - The City of Rockport will assume all
responsibility for the maintenance of publically owned roads as of the effective date of
the annexation. This service will include maintenance of the existing road striping and
reflective markers, patching and repair of potholes as needed and scheduled seal coating
of all public roads. Street signs and lighting will be provided in accordance with the
City's currently policy.
G. OPERATION AND MAINTENANCE OF PARKS, PLAYGROUNDS AND
SWIMMING POOLS - There are no current or proposed public parks or public spaces
in the area. Public recreation facilities are available in the City's existing park system.
The proposed annexation will not necessitate a change in the City's park maintenance
program or in the scheduling of events and programs in the parks. The City's Master Park
Plan will be updated to include this area into its planning programs. Future parks will be
provided in accordance with the City's Master Park Plan and the Comprehensive Plan.
H. OPERATION AND MAINTENANCE OF ANY OTHER PUBLICLY OWNED
FACILITY, BUILDING OR SERVICE 1. There are no publically owned buildings in this area.
2. The City will continue to make an annual budget allocation to support the
Rockport Volunteer Fire Department, Inc. and the Aransas County Medical
Services, Inc. Annexation of this area will not affect- the manner in which this
allocation is made.
3. The requirements and protection afforded though the City's Zoning Ordinance
and local code enforcement ordinance will be extended to this area as of the
effective date of annexation. In accordance with the City of Rockport Zoning
Ordinance, Article 5, the initial zoning of this area will be R-1 Single Family
Residential.
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EXHIBIT "B"
FIELD NOTE DESCRIPTION
ANNEXATION AREA "X"
1,128.74 Total (1,225) Acres
(96.1 acres - State of Texas, 0.16 acres -Aransas County= 96.26 acres)
BEING THE DESCRIPTION OF 1225 ACRES OF LAND, MORE OR LESS, OF WHICH 96.1
ACRES, MORE OR LESS, IS OWNED BY THE STATE OF TEXAS AND 0.16 ACRES,
MORE OR LESS, IS OWNED BY ARANSAS COUNTY, WITH SAID 1225 ACRES BEING
OUT OF PORTIONS OF THE SAMUEL HIGHLAND SURVEY A-73, PAUL MCCOMBS
SURVEY A-31, AND THE CHARLES S. ZENN SURVEY A-226, ARANSAS COUNTY,
TEXAS, WITH SAID 1225 ACRES OF LAND, MORE OR LESS, BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGIN at a point at the intersection of the Southerly R.O.W. line of Twelfth Street with the
Westerly R.O.W. line of Swickheimer Road, a/k/a/ Monkey Road, with said point being the
Northeast corner of Lot 4, Oakwood Subdivision as shown by plat of record in Volume 4, Page
15, Plat Records of Aransas County, Texas, and being the NORTHEAST comer and PLACE OF
BEGINNING of this description;
THENCE, in a Northwesterly direction along and with the Southerly R.O.W. line of Twelfth
Street a distance of approximately 43 15 feet to a point on the Easterly Cut-Back R.O.W. line of
Texas State Highway No. 35 Relief Route and the Northwest comer of Lot 50, Block 25 1, Foor
and Swickheimer Subdivision as shown by plat of record in Volume 1, Page 28, Plat Records of
Aransas County, Texas, with said point being the NORTHWEST comer of this description;
THENCE, in a Southwesterly direction and following the Easterly Cut-Back R.O.W. line of
Texas State Highway No. 35 Relief Route a distance of approximately 52 feet to an angle point
and thence 180 feet to an angle point of said Cut-Back R.O.W. line; thence, continuing along and
with the Easterly R.O.W. line of Texas State Highway No. 35 Relief Route a distance of
approximately 2548 feet to an angle point in said R.O.W. line and thence 7150 feet to a point on
the common line of the D. W. Grant 447.796 acre tract conveyed under Clerk's File No. 234613,
Property Records of Aransas County, Texas, and the R. S. Barns, LLC 3 1.23 acre tract conveyed
under Clerk's File No. 279992, Property Records of Aransas County, Texas, with said point
being an Exterior corner of this description;
THENCE, in a Southerly direction along and with the said common line of the D. W. Grant
property and the R. S. Barns, LLC property a distance of approximately 1378 feet to a point on
the Southerly R.O.W. line of Lamar Drive, a platted County R.O.W. as shown on the Burton and
Danforth Subdivision plat recorded in Volume 1, Pages 62 & 63, Plat Records of Aransas
County, Texas, with said point being the SOUTHWEST corner of this description;
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THENCE, in an Easterly direction along and with the Southerly R.O.W. line of Lamar Drive a
distance of approximately 2630 feet to a point at it's intersection with the Southerly R.O.W. line
of Spring Lane for an Interior comer of this description;
THENCE, in a Southeasterly direction along and with the Southerly R.O.W. line of Spring Lane
a distance of approximately 2285 feet to a point at it's intersection with the Westerly R.O.W. line
of Page Riding Trail with said point being the SOUTHEAST comer of this description;
THENCE, in a Northeasterly direction along and with the Westerly R.O.W. line of Page Riding
Trail a distance of approximately 650 feet to a point at it's intersection with the Northerly
R.O.W. line of Peny's Riding Trail for an Interior comer of this description;
THENCE, in a Southeasterly direction along and with the Northerly R.O.W. line of Peny's
Riding Trail a distance of approximately 410 feet to a point for the Southwest comer of Lot 1,
Encinos A1 Mar Subdivision, Unit 2, as shown by plat of record in Volume 3, Page 109, Plat
Records of Aransas County, Texas, with said point being an Exterior comer of this description;
THENCE, in a Northeasterly direction along and with the Westerly boundary line of Encinos A1
Mar Subdivision, Unit 2 a distance of approximately 1345 feet to a point on the Northerly
R.O.W. line of Lamar Drive for an Exterior comer of this description;
THENCE, in a Easterly direction along and with the Northerly R.O.W. line of Lamar Drive a
distance of approximately 2 10 feet to a point for the Southeast comer of the Easterly 10 feet by
780 feet strip of land containing 0.179 acres out of a 10.255 acre tract in the Charles S. Zenn
Survey A-226 conveyed to the Rockport Fishers of Men RV Park, Inc. under Clerk's File No.
265562, Property Records of Aransas County, Texas, with said 0.179 acre tract being conveyed
to George W. Stork, et ux under Clerk's File No. 276424, Property Records of Aransas County,
Texas, and with said point being on the North R.O.W. line of Lamar Drive and an Exterior
comer of this description;
THENCE, in a Northerly direction a distance of approximately 2480 feet to a point for the
Northwest comer of Lot 10, Block 247, Foor and Swickheimer Subdivision, for an Interior
comer of this description;
THENCE, in an Easterly direction a distance of approximately 850 feet to a point for the
Northeast comer of said Lot 10, Block 247, Foor and Swickheimer Subdivision, for an Exterior
comer of this description;
THENCE, in a Northerly direction a distance of approximately 650 feet to a point on the
Northerly R.O.W. line of the Westerly terminus of Smokehouse Road for an Interior comer of
this description;
THENCE, in a Southeasterly direction along and with the Northerly R.O.W. line of Smokehouse
Road a distance of approximately 495 feet to a point at it's intersection with the Westerly R.O.W.
line of Stewart Lane for an Exterior comer of this description;
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THENCE, in a Northerly direction along and with the Westerly R.O.W. line of Stewart Lane a
distance of approximately 1250 feet to a point at it's Intersection with the Northerly R.O.W. line
of Eighteenth Street with said point being the Southwest comer of Lot 95, Block 250, Foor and
Swickheimer Subdivision and an Interior comer of this description;
THENCE, in a Southeasterly direction along and with the Northerly R.O.W. line of Eighteenth
Street a distance of approximately 666 feet to an angle point in said Eighteenth Street and thence
a distance of approximately 222 feet to a point at it's intersection with the Westerly R.O.W. line
of Swickheimer Road, aMa Monkey Road, and said point being the Southeast comer of Lot 94,
Block 250, Foor and Swickheimer Subdivision, and an Exterior comer of this description;
THENCE, in a Northeasterly direction along and with the Westerly R.O.W. line of Swickheimer
Road, a/k/a/ Monkey Road, a distance of approximately 3934 feet to the PLACE OF
BEGINNING and containing 1225 acres or 53,370,893 square feet of land, more or less.
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EXHIBIT "C"
MAP DESCRIPTION
ANNEXATION AREA "X"
1,128.74 Total (1,225) Acres
(96.1 acres - State of Texas, 0.16 acres -Aransas County= 96.26 acres)
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