The Mercedes Enterprise (Mercedes, Tex.), Vol. 90, No. 4, Ed. 1 Wednesday, January 23, 2002 Page: 4 of 14
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Page 4 -- The Mercedes Enterprise
Mercedes, Texas 78570 Wednesday, January 21, 2002
PUBLIC NOTICE
4.
MAINTENANCE OF WATER AND WASTE WATER FACILITIES
ORDINANCE NO. 2002-01
AN ORDINANCE ANNEXING ADJACENT AND CONTIGOUS TERRITORY INTO THE CITY OF
MERCEDES, TEXAS; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS
HAVE BEEN SATISFIED PROVIDING THAT SUCH AREA SHALL BECOME A PART OF THE CITY
AND THE OWNERS AND INHABITANTS THEREOF SHALL BE ENTITLED TO THE RIGHTS AND
PRIVILEGES OF OTHER CITIZENS AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN
EFFECT AND TO BE HEREINAFTER ADOPTED; PROVIDING FOR A SAVINGS AND REPEAL
CLAUSE; PROVIDING FOR AN EFFECTIVE DATE.
5.
WHEREAS, the City Commission of the City of Mercedes, 1 exas pursuant to the Municipal Annexation Act, Texas
Local Government Code, 43.001, et. seq., as amended, and Section 1.04 (A) of Chapter 1 of the Home Rule Charter
of the City has heretofore initiated annexation proceedings to annex additional territory lying adjacent and
contiguous to the City, which territory is described herein Section 11 and incorporated herein for all purposes; and
WHEREAS, the City is a duly constituted Home Rule City pursuant to Tex. Rev. Civ. Stat. Ann. An i 165 et. seq .
as amended; and
WHEREAS, in accordance with the Municipal Annexation Act, a service plan, attached hereto Exhibit “A” and
incorporated herein for all purposes, was prepared by the appropriate department of the City; and
WHEREAS, three separate public hearings were conducted in accordance with Section 43.052 of the Municipal
Annexation Act, the first being held at 5:45 p.m. on the 18th day of December, 2001, at City Hall; and the second
hearing being held on site at 9:00 a.m. on the 20th day of December, 2001 on Mile 2 West and 8 North, a third public
hearing being held at 5:45 p.m. on the 02nd day of January, 2002; and
6.
WHEREAS, the public hearings were conducted and held no more than forty (40) days nor less than twenty (20)
days prior to the institution of annexation proceedings; and
WHEREAS, notice of public hearings were published in a newspaper of general circulation in the City of Mercedes
and in the territory proposed to be annexed by publication, at least once in said newspaper not more than twenty (20)
days nor less than ten (10) days prior to each public hearing; and
WHEREAS, additional notice be certified mail was given to property owners and railroad companies serving
Mercedes and not within the boundaries of any other City.
7.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MERCEDES
TEXAS:
SECTION I. That all of the above premises are found to be true and correct and are incorporated into the body of
this Ordinance as if copied in their entirety.
SECTION II. That the property described in the attached Exhibit “B” a tract of land more or less being all of Lot
13, Block 102 and all ofLots 4, 5, and 12, Block 103 Campacuas Addition Subdivision, and incorporated herein for
all intents and purposes be and is hereby annexed and brought within the corporate limits of the City of Mercedes,
Hidalgo County, Texas, and same is hereby made an integral part hereof.
SECTION III. The service plan submitted in accordance with the Municipal Annexation Act is hereby approved as
part of this Ordinance, made a part hereof and attached hereto as Exhibit “A”.
SECTION IV. That the owners and inhabitants of the area herein annexed be entitled to all of the rights and
privileges of other citizens and property owners of said City and are hereby bound by all acts, ordinances and all
other legal action now in full force and effect and all those which may be hereafter adopted.
SECTION V. That the official map and boundaries of the City, heretofore adopted and amended be and is hereby
amended so as to include the aforementioned territory as part of the City of Mercedes, Texas.
SECTION VI. That the Mayor is hereby directed and authorized to perform or cause to be performed all acts
necessary to correct the official map of the City and to add the territory hereby annexed as required by law.
SECTION VIL That the Mayor is hereby directed and authorized to file a certified copy of this ordinance in the
office of the County Clerk of Hidalgo County, Texas.
SECTION VIII. If any section, subsection, phrase, or word of this ordinance be found to be illegal, invalid or
unconstitutional or if any portion of said property is incapable of being annexed by the City, for any reason
whatsoever, the adjudication shall not effect any other section, sentence, phrase, word, paragraph or provision of this
ordinance or the application of any other section, sentence, phrase, word, paragraph or provision of any other
ordinance of the City. The City Commission declares that it would have adopted the valid portions and applications
of this ordinance and would have annexed the valid property without the invalid par, and to this end the provisions
of this ordinance are declared to be severable.
1.
2.
SECTION IX. That this ordinance shall become and be effective in accordance with the laws of the State of Texas
and the Charter of the City of Mercedes, Texas.
SECTION X. This Ordinance shall become and be effective in accordance with the City Charter of the City of
Mercedes, Texas and the laws of the State of Texas.
PASSED, APPROVED AND ADOPTED ON FIRST READING THIS THE 02" DAY OF JANUARY, 2002.
PASSED, APPROVED AND ADOPTED ON SECOND READING THIS THE 15" DAY OF JANUARY,
2002.
Any and all water or waste water facilities owned or maintained by the City of
Mercedes, Texas, at the time of the proposed annexation shall continue to be
maintained by the City of Mercedes, Texas. Any and all water or waste water
facilities which may be acquired subsequent to the annexation of the proposed
area shall be maintained by the City of Mercedes, Texas, to the extent of its
ownership. The existing water line mains at their existing locations shall be
available for point of use extension based upon the current City’s standard water
extension policies now existing or as may be amended.
MAINTENANCE OF ROADS AND STREETS
Any and all roads, streets or alleyways which have been dedicated to the City of
Mercedes, Texas, or which are owned by the City of Mercedes, Texas, shall be
maintained to the same degree and extent that other roads, streets, and
alleyways are maintained in areas with similar topography, land use and
population density. Any and all lighting of roads, streets and alleyways which
may be positioned in a right-of-way, roadway or utility company easement shall
be maintained by the applicable utility company servicing the City of Mercedes,
Texas, pursuant to the rules, regulations and fees of such utility.
MAINTENANCE OF PARKS, PLAYGROUNDS AND SWIMMING POOLS
The City Commission of the City of Mercedes, Texas, is not aware of the
existence of any parks, playgrounds or public swimming pools now located in the
area proposed for annexation. In the event any such parks, playgrounds or
swimming pools do exist, the City of Mercedes, Texas, will maintain such areas
to the same extent and degree that it maintains parks, playgrounds and
swimming pools and other similar areas of the City now incorporated in the City
of Mercedes, Texas.
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MAINTENANCE OF ANY PUBLICLY OWNED FACILITY, BUILDING OR
MUNICIPAL SERVICE
The City Commission of the City of Mercedes, Texas, is not aware of the
existence of any publicly owned facility, building or other municipal service now
located in the area proposed for annexation. In the event any such publicly
owned facility, building or municipal service does exist, the City of Mercedes,
Texas, will maintain such areas to the same extent and degree that it maintains
publicly owned facilities, buildings or municipal services of the City of Mercedes,
Texas.
CONSTRUCTION OF ANY CAPITAL IMPROVEMENTS TO BEGIN WITHIN
2 % YEARS
POLICE PROTECTION, FIRE PROTECTION & SOLID WASTE COLLECTION
The City Commission of the City of Mercedes, Texas, finds and determines it to
be unnecessary to acquire or construct any capital improvements with 2 1/2
years of the effective date of the annexation of the particular annexed area for
the purposes of providing police protection, fire protection or solid waste
collection. The City Commission finds and determines that it has at the present
time adequate facilities to provide the same type, kind and level of protection and
service which is presently being administered to other areas already incorporated
in the City of Mercedes, Texas, with the same or similar topography, land use
and population density.
WATER AND WASTE FACILITIES
The proposed area for annexation lies within North Alamo Water Supply
Corporation (NAWSC) Certificate of Convenience and Necessity (CCN).
NAWSC is the legal provider of water services for these areas. The City of
Mercedes has existing water services on Mile 2 West and Mile 7 North. Upon
payment of appropriate fees and charges, the NAWSC will provide water
services.
The existing water services are adequate to provide the necessary service to the
proposed area to be annexed. The City finds that there is no need for any capital
improvements for additional water services.
The proposed area to be annexed is currently being used for agriculture
purposes and the City is not aware of any residence, which will need wastewater
services.
Miguel Castillo, Jr., Mayor
The City finds that there is no need to establish any capital waste water
improvements for this area. Future developmets will be required to extend the
necessary infrastructure as required by the City’s Subdivsion Ordinance.
0) @
ATTEST: /
APPROVED AS TO FORM:
Upon payment of the necessary connection and deposit fees, the city will provide
wastewater service connections to the same extent and degree as other areas in
the city with the same or similar topography, land use and population density.
Arcelia L. Felix, City Secretary
Juan E. Gonzalez, City Attorney
3.
ROADS AND STREETS
ANNEXATION SERVICE PLAN
FOR SERVICES WITHIN SIXTY (60) DAYS OF THE EFFECTIVE DATE OF
ANNEXATION
1.
POLICE PROTECTION
The City of Mercedes, Texas and its Police Department will provide police
protection to the-newly annexed tract at the same or similar level of service now
being provided to other areas of the City of Mercedes, Texas, with similar
topography, land use and population within the newly annexed area.
4.
Within 2-1/2 years from the date of the annexation of the proposed area, the City
of Mercedes, Texas, with a cooperative effort of the City’s designated utility
company, will undertake to provide the same degree of road and street lighting
as is provided in areas of similar topography, land use and population density
within the present corporate limits of the City of Mercedes, Texas. Maintenance
of properly dedicated roads and streets will be consistent with the maintenance
provided by the City to other roads and streets in areas similar topography, land
use and development of the annexed property. The developers will be required
pursuant to the ordinances of the City of Mercedes, Texas, to provide internal
and peripheral streets and to construct those streets in accordance with the
specifications required by the City of Mercedes, Texas, for a properly dedicated
street.
MAINTENANCE OF PARKS, PLAYGROUNDS, AND SWIMMING POOLS,
AND POOLS, AND THE MAINTENANCE OF ANY OTHER PUBLICLY OWNED
FACILITY, BUILDING OR SERVICE
b)
2.
FIRE PROTECTION AND AMBULANCE SERVICE
3.
The City of Mercedes, Texas, and its Fire Department will provide fire protection
and ambulance service to the newly annexed tract at the same or similar level of
service now being provided to other areas of the City of Mercedes, Texas, with
similar topography, land population within the city. Further, the City of Mercedes
Fire Department and Ambulance Service will respond to all dispatched calls and
requests for service or assistance within the newly annexed area.
SOLID WASTE COLLECTION
To the extent that it becomes necessary because of development demands,
population growth, and a bona fide need, the City Commission of the City of
Mercedes, Texas, will undertake to provide any such facility which it deems
necessary to adequately provide for the health and safety of the citizens of the
newly incorporated area based upon the standard consideration of topography,
land use and population density.
**************************************************************************************************
SPECIAL FINDINGS
Upon request and payment of any required deposits and the agreement to pay
lawful service fees and charges, solid waste collection will be provided to citizens
in the newly annexed area at the same level or similar level of service now being
provided to other areas of the city with similar topography, land use and
population density.
The City Commission of the City of Mercedes, Texas, finds and determines that
this proposed Service Plan will not provide any fewer service, and it will not
provide a lower level of service in the areas proposed to be annexed than were in
existence in the proposed area at the time immediately preceding the annexation
process.
[Continued to Page 5.]
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The Mercedes Enterprise (Mercedes, Tex.), Vol. 90, No. 4, Ed. 1 Wednesday, January 23, 2002, newspaper, January 23, 2002; (https://texashistory.unt.edu/ark:/67531/metapth1652984/m1/4/: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Dr. Hector P. Garcia Memorial Library.