COUNCIL COMMUNICATION

DATE: 12/09/02	SUBJECT: FINAL READING OF ORDINANCE NO. 2002-O-316 Altering and extending the boundary limits of the City of Laredo, annexing additional territory of 607.02 acres beginning at the existing city limits, located out of Porcion 7, 8, 9, 10, 11, 12, 13 and Surveys 743 and 2113, as further described by metes and bounds in Attachment "A", specifically, the IH 35 Tract, providing for the effective date of this ordinance, adopting a service plan for the annexed territory, and establishing the initial zoning of B-4 (Highway Commercial District).
INITIATED BY: City of Laredo		STAFF SOURCE: Keith Selman, Director of Planning Cynthia Collazo, Asst. City Manager
PREVIOUS COUNCIL ACTION: City Council adopted a schedule of hearings and proceedings on June 17, 2002 and directed staff to prepare a service plan for the proposed annexations on September 16, 2002. Public hearings were held on November 4 and November 18, 2002. The City Council held a public hearing and introduced ordinance 2002-O-316 on December 2, 2002.
COUNCIL DISTRICT: VI- Gene Belmares and VII- Jose A. Valdez, Jr. BACKGROUND: A petition for unilateral annexation into the city limits of the City of Laredo for Tract 7, otherwise known as the IH 35 Tract (607.02 acres) was received from the City of Laredo. A Service Plan was prepared outlining the services that would be provided including police protection, fire and emergency services, solid waste collection, operation and maintenance of water and wastewater services, operation and maintenance of roads and streets, and operation of parks, playgrounds, swimming pools, and any other publicly owned facility. The Service Plan is valid for a period of ten years. The Planning and Zoning Commission held a public hearing on the proposed annexation and initial zoning of 607.02 acres as B-4 (Highway Commercial District), on November 7, 2002. Letters sent to surrounding property owners regarding the initial zoning: 220 In Favor: 4 Opposed: 0
FINANCIAL IMPACT: See Annexation Feasibility Report.
P & Z COMMISSION RECOMMENDATION: The P & Z Commission, in a 7 to 0 vote, recommended approval of the annexation. The P & Z Commission, in a 7 to 0 vote, recommended approval of the proposed initial zoning.			STAFF RECOMMENDATION: Staff supports the proposed annexation. Staff supports the proposed initial zoning.

ORDINANCE NO. 2002-O-316

ALTERING AND EXTENDING THE BOUNDARY LIMITS OF THE CITY OF LAREDO, ANNEXING ADDITIONAL TERRITORY OF 607.02 ACRES BEGINNING AT THE EXISTING CITY LIMITS, LOCATED OUT OF PORCION 7, 8, 9, 10, 11, 12, 13 AND SURVEYS 743 AND 2113, AS FURTHER DESCRIBED BY METES AND BOUNDS IN ATTACHMENT "A", SPECIFICALLY, THE IH 35 TRACT, PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE, ADOPTING A SERVICE PLAN FOR THE ANNEXED TERRITORY, AND ESTABLISHING THE INITIAL ZONING OF B-4 (HIGHWAY COMMERCIAL DISTRICT).

WHEREAS, the territory hereinafter described is contiguous to the corporate limits of the City of Laredo, Texas, and is located within its extraterritorial jurisdiction; and

WHEREAS, the City Council believes and so finds that the annexation of such territory is in the public interest and will promote the general welfare; and

WHEREAS, two (2) public hearings were held in compliance with Article 43.052, of the Municipal Annexation Act; giving all persons interested in such annexation an opportunity to be heard; and

WHEREAS, notice of such public hearings was duly given, as provided by law, and such hearings were held on the date and at the time, place and hour so announced; and

WHEREAS, at said Public Hearings, the proposed Service Plan for the annexation territory herein described was considered by the City Council and was made available for public inspection.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT:

Section 1: That the City of Laredo hereby adopts a Service Plan for the extension of municipal services into the territory described in Attachment "A". A copy of said Service Plan is marked Attachment "B" attached hereto and made a part hereof for all purposes.

Section 2: That the following described land and territory containing 607.02 acres lying adjacent to and adjoining the City of Laredo is hereby added and annexed to the City of Laredo, and said territory be and is included within the boundary limits of the City of Laredo, and the present boundary limits of said City, at the various points contiguous to the area hereinafter described, are altered and amended so as to include said area within the corporate limits of the City of Laredo. That from and after the effective date of this Ordinance, the Boundary Limits of the City of Laredo shall include all such additional, adjacent, and hereby annexed territory herein above described in Section 2. That from and after the final passage and adoption of this Ordinance, the Boundary Limits of the City of Laredo, Texas, shall be as herein above set out in Attachment "A", and the property situated therein shall bear its pro rata part or the taxes levied by the City of Laredo, and the inhabitants thereof shall be entitled to all the rights and privileges of all the citizens and shall be bound by the acts, ordinances, resolutions and regulations of the City of Laredo.

Section 3: That the Zoning Map of the City of Laredo be and is hereby amended to show the initial zoning designation boundaries, as set out in Attachment "A", attached hereto and made a part hereof for all purposes as B-4 (Highway Commercial District).

Section 4: That should any part of this Ordinance be declared invalid by a Court of competent jurisdiction, it shall not affect or vary the remaining parts of this Ordinance.

Section 5: That this Ordinance shall be published in the manner provided in article II, Section 2.09 (d) of the Charter of the City of Laredo.

Section 6: This Ordinance shall become effective upon December 31, 2002.

PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE _____ DAY OF ____________________, 2002.

____________________

ELIZABETH G. FLORES

MAYOR

ATTEST:

_____________________

GUSTAVO GUEVARA, JR.

CITY SECRETARY

APPROVED AS TO FORM:

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JAIME L. FLORES

CITY ATTORNEY