HomeMy WebLinkAboutOrdinance No. 2014-2088 CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2014-2088
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, ANNEXING AN APPROXIMATELY 23.466 ACRES
OF LAND, LOCATED IN THE CITY'S EXTRATERRITORIAL
JURISDICTION AND ADJACENT AND CONTIGUOUS TO THE CITY
OF THE COLONY, AS DEPICTED IN EXHIBIT A, WHICH IS
ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL
PURPOSES; PROVIDING THAT SUCH AREAS SHALL BECOME A
PART OF THE CITY AND THAT 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 HEREAFTER ADOPTED;
PROVIDING FOR AMENDING AND CORRECTING THE OFFICIAL
BOUNDARIES OF THE CITY OF THE COLONY, TEXAS, AS
HERETOFORE ADOPTED; PROVIDING THAT THE CITY MANAGER
UNDERTAKE CERTAIN ACTIONS RELATIVE TO SAID
ANNEXATION; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of The Colony, Texas (also referred to as the "City"), pursuant to
Chapter 43 of the Texas Local Government Code, as amended, has instituted annexation
proceedings to annex certain territories adjacent and contiguous to the City, which territories are
depicted in Exhibit A, attached hereto and incorporated herein for all purposes; and
WHEREAS, on May 28, 2014, the City of The Colony, Texas, received a petition
requesting that certain property be annexed into the city limits of the City of The Colony, Texas,
a legal description of said property is attached hereto as Exhibit A, and is incorporated herein for
all purposes; and
WHEREAS, the City Council of the City of The Colony, Texas, within five (5) to thirty
(30) days after receipt of said annexation petition heard and approved said annexation petition at
its meeting of the City Council held on June 17, 2014, consistent with section 43.028(c) of the
Texas Local Government Code; and
WHEREAS, subsequent to the approval of said annexation petition, the City of The
Colony, Texas, published and posted notice in the City's official newspaper and City's Internet
website regarding the two (2) separate public hearings on the annexation, further said notices
were published not more than twenty (20) days nor less than ten (10) days prior to each of the
public hearings, consistent with section 43.063(c) of the Texas Local Government Code; and
WHEREAS, two (2) separate public hearings were conducted in accordance with section
43.063 of the Texas Local Government Code, the first being held on Tuesday July 15, 2014, at
The Colony City Hall, 6800 Main Street, The Colony, Texas 75056, and the second public
hearing being held on Tuesday July 15, 2014, at The Colony City Hall, 6800 Main Street, The
Colony, Texas 75056; and
WHEREAS, the public hearings were conducted and held in accordance with Chapter 43
of the Texas Local Government Code; and
WHEREAS, all required statutory notices pursuant to the Chapter 43 of the Texas Local
Government Code have been accomplished; and
WHEREAS, in accordance with Chapter 43 of the Texas Local Government Code, a
service plan, attached hereto as Exhibit B and incorporated herein for all purposes, was prepared
by the City Manager, or his designee, before the date that notice of the first public hearing was
published and posted, which said plan was made available for inspection and explained at the
public hearings conducted as herein described; and
WHEREAS, the area to be annexed is contiguous and adjacent to the corporate limits of
the City of The Colony, Texas, and meets all applicable size and shape requirements of state law
governing eligibility for annexation.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY,TEXAS:
Section 1. FINDINGS INCORPORATED
That the findings set forth above are incorporated into the body of this Ordinance as if fully set
forth herein.
Section 2. ANNEXATION OF PROPERTY
That the property depicted in Exhibit A, attached hereto and incorporated herein for all purposes
is hereby determined to be in the City's extraterritorial jurisdiction is hereby annexed and
brought within the corporate limits of the City of The Colony, Denton County, Texas, and the
same is hereby made a part of the City of The Colony, Texas.
Section 3. SERVICE PLAN
The service plan, attached hereto as Exhibit B and incorporated herein for all purposes, was
submitted in accordance with Chapter 43 of the Texas Local Government Code, and is hereby
approved as part of this Ordinance, and is made a part thereof.
Section 4. RIGHTS AND PRIVILEGES
The property depicted in Exhibit A shall bear their pro rata share of the taxes levied by the City
of The Colony, Texas, and any inhabitants of the area herein annexed shall be entitled to all of
the rights, privileges, and responsibilities of other citizens of the City of The Colony, Texas, 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 5. OFFICIAL CITY MAP
The official map and boundaries of the City of The Colony, Texas, heretofore adopted and
amended be and are hereby amended so as to include the property depicted in Exhibit A as part
of the City of The Colony, Denton County, Texas.
Section 6. CORRECTION OF OFFICIAL CITY MAP
The City Manager is hereby directed and authorized to perform or cause to be performed all acts
necessary to effectuate this Ordinance, including but not limited to any corrections to the official
map of the City of The Colony, Texas, and to add the territories hereby annexed as required by
law.
Section 7. SUBMISSION TO GOVERNMENTAL AGENCIES
The City Manager and or City Attorney are hereby directed and authorized to file a certified
copy of this Ordinance with the necessary governmental agencies, including the United States
Department of Justice.
Section 8. SEVERABILITY CLAUSE
If any section, subsection, sentence, phrase, or word be found to be illegal, invalid, or
unconstitutional, or if any portion of said properties is incapable of being annexed by the City of
The Colony, Texas, for any reason whatsoever, the adjudication shall not affect 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 to any other person or portion
of said properties, situation or circumstance, nor shall the adjudication affect any other section,
sentence, phrase, word, paragraph or provision of any other ordinance of the City of The Colony,
Texas. The City Council declares that it would have adopted the valid portions and applications
of this Ordinance and would have annexed the valid properties without the invalid part and
invalid properties and to this end the provisions of this Ordinance are declared to be severable.
Section 9. EFFECTIVE DATE
This Ordinance shall become effective upon full and final satisfaction of the mutual obligations
of the parties of that certain Boundary Adjustment Agreement by and between the City of
Carrollton, Texas, the Town of Hebron, Texas, and the City of The Colony, Texas.
Notwithstanding anything to the contrary, if such mutual obligations set forth in said Boundary
Adjustment Agreement have not been fully and finally satisfied by December 31, 2014, then this
Ordinance shall automatically be deemed null and void from and after December 31, 2014, for
all purposes.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY,TEXAS,THIS 19TH day of AUGUST,2014.
11 ' A% G
Jo' McC I i Mayor
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Christie Wilson,City Secretarysoof ottoMOIti g,,,
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Jeff Moore, ' ity Attorney
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EXHIBIT A
LEGAL DESCRIPTION AND/OR DEPICTION
OF
ANNEXED TERRITORY
[Approximately 23.466 Acre Tract of Land]
814X503X00
EXHIBIT
CITY OF THE COLONY-ANNEX
CARROLLTON-HEBRON-THE COLONY BOUNDARY ADJUSTMENT
DENTON COUNTY,TEXAS
A tract or parcel of land situated in the S.B. Evans Survey,Abstract No.397, Denton
County Texas, being part of the called 503.5248 acres tract described in the deed to
Trammell Crow Company No.43 recorded in Volume 2899 Page 713 in the Denton
County Deed Records(DCDR),and being more particularly described as follows;
COMMENCING at the intersection of the centerline of Plano Parkway(100'wide right-
of-way)and the common City Limit line between the City of Carrollton and the Town of
Hebron as established in 2008, said point being South 18°52'59"West 3141.75 feet
from the intersection of the centerline of Plano Parkway and the centerline of
Windhaven Parkway;
THENCE Northeasterly an arc distance of 10.00 feet along the centerline of Plano
Parkway and along a curve to the left having a radius of 1250.00 feet,a central angle of
00°27'30",and the chord bears North 45°26'37"East 10.00 feet;
THENCE North 44°47'08"West 60.00 feet not tangent to the previous curve,to the
POINT OF BEGINNING;
THENCE Southwesterly along a line 60 feet northwest of and parallel to the centerline
of Plano Parkway the following:
Southwesterly an arc distance of 297.76 feet along curve to the right having a
radius of 1190.00 feet, a central angle of 14°20'11",and the chord bears South
52°22'57"West 296.98 feet;
South 59°35'27"West 806.49 feet tangent to the previous curve;
THENCE North 35°19'40"West 685.17 feet;
THENCE North 24°54'49"East 393.26 feet;
THENCE Northeasterly an arc distance of 585.61 feet along a curve to the right having
a radius of 875.00 feet,a central angle of 38°20'47",and the chord bears North
44°05'13"East 574.74 feet;
THENCE Northeasterly an arc distance of 257.34 feet along a compound curve to the
right having a radius of 2000.00 feet,a central angle of 07°22'20",and the chord bears
North 66°56'46"East 257.16 feet;
THENCE South 19°06'47"East 505.60 feet not tangent to the previous curve;
Page 1 of 4
COLONY-Annex
June 24,2014
814X503X00
THENCE South 44°47'08"East 510.00 feet to the Point of Beginning and Containing
23.466 acres of land more or less.
This document was prepare under 22 TAC§663.21,does not reflect the results of an on the ground
survey,and is not to be used to convey or establish interests in real property except those rights and
interests implied or established by the creation or reconfiguration of the boundary of the political
subdivision for which it was prepared.
Page 2 of 4
COLONY-Annex
June 24,2014
EXHIBIT
CITY OF THE COLONY — ANNEX
CARROLLTON—HEBRON—THE COLONY BOUNDARY ADJUSTMENT
THE COLONY TO CARROLLTON, DENTON COUNTY, TEXAS
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This document was prepare under 22 TAC§663.21,does not reflect the results of an on the ground
survey and is not to be used to convey or establish interests in real property except those rights and
interests implied or established by the creation or reconfiguration of the boundary of the political
Iii subdivision for which/t was prepared.
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aiel 9�o_8-ss..•.—. Suite 103 972.535.6326
d S.uR� . Richardson,Texas 75080 www.baselinesurveyors.net
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Scale.l”=500' Page: 3 of 4 I Date. June 24,2014 Job No.. 814X503 I Dwg.File. TC Anx
EXHIBIT
CITY OF THE COLONY - ANNEX
CARROLLTON-HEBRON-THE COLONY BOUNDARY ADJUSTMENT
DENTON COUNTY, TEXAS
;CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE
C35 1190.00' 297.76' 296.98' 85722'57'W 14'20'11"
C36 875.00' 585.61' 574.75' N44'05'13"E 38'20'47"
C37 2000.00' 257.34' 257.17' N66'56'46"E 7'22'20"
LINE BEARING DISTANCE
L55 N44'47'08"W 50.00'
L92 559'35'27"W 806.49'
1.93 N35'19'40"W 685.17'
L94 N24'54'49"E 393.26'
L95 519'06'47"E 505.60'
L96 544'47'08"E 510.00'
-0:7sAT0141 III 0.14
This document was prepare under 22 TAC§663.21,does not reflect the results of an on the ground °ROFE SSIONAL SUR'1E vORS
survey,and Is not to be used to convey or establish interests in real property except those rights and 1801 Gateway Blvd. 972.535.6325
interests implied or established by the creation or reconfiguration of the boundary of the political Suite 103 972.535.6326
subdivision for which it was prepared. Richardson,Texas 75080 www.baselinesurveyors.net
MRS Firm No.10193933
Page: 4 of 4 Date: June 24,2014 Job No.' 614X503 i Dwg.File: TC Anx-Tables
EXHIBIT B
CITY OF THE COLONY, TEXAS
SERVICE PLAN FOR ANNEXED AREAS
DATE OF ANNEXATION ORDINANCE: AUGUST 19 , 2014.
ACREAGE ANNEXED: ExhibitA —23.466 acres of land
PROPERTY DESCRIPTION: See Exhibit A attached to the annexation ordinance.
Municipal Services to the acreage described above shall be furnished by or on behalf of the City
of The Colony, Texas ("City") at the following levels and in accordance with the following
schedule:
A. POLICE PROTECTION:
1. Police personnel and equipment from The Colony Police Department shall be
provided to the areas annexed, at a level consistent with current methods and
procedures presently provided to similar areas, on the effective date of this
ordinance.
2. As development commences in these areas, sufficient police protection, including
personnel and equipment will be provided to furnish these areas with the level of
police services consistent with the characteristics of topography, land utilization
and population density of the areas.
3. Upon ultimate development, police protection will be provided at a level
consistent with other similarly situated areas within the City limits.
B. FIRE PROTECTION/EMERGENCY MEDICAL SERVICES:
1. Fire protection and Emergency Medical Services (EMS) from the City shall be
provided to the areas annexed, at a level consistent with current methods and
procedures presently provided to similar areas, on the effective date of this
ordinance.
2. As development commences in these areas, sufficient fire protection and EMS,
including personnel and equipment will be provided to furnish these areas with
the level of services consistent with the characteristics of topography, land
utilization and population density of the areas. It is anticipated that fire stations
planned to serve areas currently within the City will be sufficient to serve areas
now being considered for annexation.
3. Upon ultimate development, fire protection and EMS will be provided at a level
consistent with other similarly situated areas within the City limits.
C. FIRE PREVENTION:
The services of The Colony Fire Department shall be provided to the areas on the
effective date of this ordinance.
D. SOLID WASTE COLLECTION:
1. Solid waste collection shall be provided to the areas annexed upon request on the
effective date of this ordinance. The collection of refuse from individual
properties shall be made in accordance with the usual Sanitation Department
scheduling.
2. As development commences in these areas, sufficient solid waste collection will
be provided to furnish the level of services consistent with the characteristics of
topography, land utilization, and population density of the areas.
3. Upon ultimate development, solid waste collection will be provided at a level
consistent with other similarly situated areas within the city limits.
E. WATER SERVICE (To be provided only in those areas that are not within the
service area of another water or wastewater utility):
1. Connection to existing City water mains for water service will be provided in
accordance with existing City policies. Upon connection to existing mains, water
will be provided at rates established by City ordinances.
2. As development commences within these areas, water mains will be extended in
accordance with the provisions of the City Code and/or other applicable
ordinances and regulations. City participation in the costs of these extensions
shall be in accordance with applicable City ordinances and regulations. Capacity
shall be provided consistent with the characteristics of topography, land
utilization, and population density of the areas.
3. Water mains installed or improved to City standards within the annexed areas
which are located within dedicated easements, rights-of-way, or any other
acceptable location approved by the City Engineer, shall be maintained by the
City on the effective date of this ordinance.
4. Maintenance of private lines will be the responsibility of the owner or occupant.
5. Operation and maintenance of water facilities in the annexed area that are within
the service area of another water utility will be the responsibility that utility.
F. SANITARY SEWER SERVICE(To be provided only in those areas that are not
within the service area of another water or wastewater utility):
1. Connection to existing City sanitary sewer mains for sewage service will be
provided in accordance with existing City policies. Upon connection to existing
mains, sanitary sewer collection will be provided at rates established by City
ordinances.
2. As development commences in these areas, sanitary sewer mains will be extended
in accordance with the provisions of the City Code and/or other applicable
ordinances and regulations. City participation in the costs of these extensions
shall be in accordance with applicable City ordinances and regulations. Capacity
shall be provided consistent with the characteristics of topography, land
utilization, and population density of the areas.
3. Sanitary sewer mains and lift stations installed or improved to City standards
within the annexed areas which are located within dedicated easement, rights-of-
way, or any other acceptable location approved by the City Engineer, shall be
maintained by the City on the effective date of this ordinance.
4. Operation and maintenance of wastewater facilities in the annexed areas that are
within the service area of another water utility will be the responsibility that
utility.
5. Operation and maintenance of private wastewater facilities in the annexed area
will be the responsibility of the owner.
G. STREETS:
1. Emergency street maintenance shall be provided for publicly dedicated streets or
roads within these areas on the effective date of this ordinance. Routine
maintenance will be scheduled as part of the City's annual street maintenance
program in accordance with the then current policies and procedures defined by
ordinance.
2. As development commences in these areas, all publicly dedicated streets shall be
constructed to current City standards. The regulations and ordinance regarding
City participation, maintenance and acceptance upon completion, shall apply.
Maintenance will be provided at a level consistent with the characteristics of
topography, land utilization, and population density of the area.
H. PARKS AND RECREATION:
1. Any residents within the areas annexed may utilize all existing park and
recreation facilities, on the effective date of this ordinance. Fees for such usage
shall be in accordance with current fees established by ordinance.
2. As development commences in these areas, additional park and recreation
facilities shall be constructed based on park policies defined in the City' Master
Plan. The general planned locations and classifications of parks will ultimately
serve residents from the current City limits and residents from areas being
considered for annexation.
ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES:
1. Enforcement of current environmental health ordinances and regulations,
including but not limited to, weed and brush ordinances, junked and abandoned
vehicles ordinances and animal control ordinances, shall begin within these areas
within sixty(60) days of the effective date of this ordinance.
2. Inspection services, including but not limited to, 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 within sixty(60)days of the effective date of this ordinance.
3. As development commences in this areas, the City shall provide the level of
Environmental Health and Code Enforcement Services as are furnished in other
similarly situated areas throughout the City.
J. MISCELLANEOUS:
Any publicly owned facility, building, or service located within the annexed area shall be
maintained by the City of The Colony on the effective date of the annexation ordinance.
Denton County
Cynthia Mitchell
County Clerk
Denton, TX 76202
70 2014 0010668
Instrument Number: 2014-106685
As
Recorded On: October 20, 2014 Ordinance
Parties: CITY OF THE COLONY Billable Pages: 13
To Number of Pages: 13
Comment:
(Parties listed above are for Clerks reference only)
** THIS IS NOT A BILL**
Ordinance 74.00
Total Recording: 74.00
************ DO NOT REMOVE. THIS PAGE IS PART OF THE INSTRUMENT ************
Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY
because of color or race is invalid and unenforceable under federal law.
File Information: Record and Return To:
Document Number: 2014-106685 CITY OF THE OLONY
Receipt Number: 1217903 6800 MAIN ST
Recorded Date/Time: October 20, 2014 11:53:16A CITY SEC
THE COLONY TX 75056
User/Station: C Robinson -Cash Station 1
" THE STATE OF TEXAS}
05/7.;l - COUNTY OF DENTON }
I hereby certify that this instrument was FILED in the File Number sequence on the date/time
�j,� ri'.. printed heron,and was duly RECORDED In the Official Records of Denton County,Texas.
\' '1f�J* Cj WcktCt
'�— County Clerk
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„....» Denton County, Texas