The URL can be used to link to this page

Home My WebLink AboutResolution No. 96-27 SOLUTION? A RESOLUTION OF THE CITY COUNCIL OF CITY OF THE COLONY, TEXAS CALLING TWO (2) PUBLIC HEARINGS IN ACCORDANCE WITH SECTION 43.052 OF THE LOCAL GOVERNMENT CODE AND SECTION 1.03, OF CHAPTER 1 OF THE HOME RULE CHARTER OF THE CITY OF THE COLONY, TEXAS, ADOPTED JANUARY 20, 1979, FOR THE PURPOSE OF CONSIDERING THE INSTITUTION OF ANNEXATION PROCEEDINGS TO ANNEX ALL THAT LOT, TRACT, PARCEL OF LAND DESCRIBED IN EXHIBIT "A"; DECLARING AN EFFECTIVE DATE NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That pursuant to and in accordance with Section 43.052 of the Local Goven~ment Code, and Section 1.03 of Chapter 1 of the Home Rule Charter of the City of The Colony, Texas, adopted January 20, 1979, two (2) public hearings to consider institution of annexation proceedings to annex that lot, tract, and parcel of land described in Exhibit "A" which is attached hereto and incorporated herein as if copied in its entirety into the body of this Resolution are hereby called as follows: (a) First Public Hearing is set for the _21st day of October, 1996, at 7:30 o'clock p.nL, at 5151 N. Colony Blvd., The Colony, Texas. (b) Second Public Hearing is set for the 4th day of November, 1996 at 7:30 o'clock p.m., at 5151 N. Colony Blvd., The 'Colony, Texas. Section 2. All interested persons shall be given the opportunity to be heard at said public hearings which shall be conducted and held not more than forty (40) days nor less than twenty (20) days prior to the institution of annexations proceedings. Section 3. NOTICE OF PUBLIC HEARING (a) Notice of this public hearing shall be published in a newspaper having general circulation in the City, and in the territory proposed to be annexed. Said notice shall be accomplished by publication of this resolution in its entirety, including Exhibit "A" at least once in said newspaper not more than twenty (20) days not less and ten (10) days prior to each public hearing. (b) Additional notice by Certified Mail shall be given to railroad companies, if any serving the City and on the City's tax roll where the right of way is located within the territory to be annexed. Section 4. The City Council hereby directs the City Manager to prepare a service plan that provides for the extension of municipal services into the area to be annexed in accordance with Section 10 of Tex. Rev. Civ. Stat. Ann. art. 970a. Said service plan shall be made available for inspection and explained to the inhabitants of the area to be annexed at the public hearings. Section 5. That this resolution shall take effect from and after its passage. PASSED AND APPROVED this 7th Day of October, 1996 William W. Manning, Mayor ~ Patti A. Hicks, TRMC, City Secretary [SEAL] APPROveS TO FORM: City //",ttor~o~f The Colony Exhibit A LEGAL DESCRIPTION BEING A 233.206 ACRE TRACT OF LAND SITUATED IN THE BBB & CRR, PATRICK O'LEARY, AND SAMUEL CHOWING SURVEY, ABSTRACT NO. 181,978, AND 244, DENTON COUNTY, TEXAS AND BEING ALL OF TRACT I, AND THE REMAINDER PORTION OF TRACT II OF LAND DESCRIBED IN DEED TO STEWART PENINSULA DEVELOPMENT PARTNERS AS RECORDED IN COUNTY CLERK FILE NO. 93-R0083890, OF THE DEED RECORDS OF DENTON COUNTY, TEXAS, ALSO BEING ALL OF THAT CALLED 39.7 ACRE TRACT OF LAND DESCRIBED IN DEED TO HARLEN R. JOHNSON, ET UX AS RECORDED IN VOLUME 637, PAGE 198 OF SAID DEED RECORDS. SAID 233.206 ACRE TRACT BEIN(~ MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:. ' THENCE N 17°44'55- E, A DISTANCE OF 1906.02 FEET TO A POINT; THENCE N 17°44'55" E, A DISTANCE OF 15.00 FEET TO A POINT; THENCE N 17°44'55- E, A DISTANCE OF 50.00 FEET TO A POINT; THENCE S 89°14'40- W, A DISTANCE OF 34.92 FEET TO A POINT; THENCE N 09°10'40- E, A DISTANCE OF 390.18 FEET TO A POINT; THENCE N 53°26'12" E, A DISTANCE OF 954.20 FEET TO A POINT; THENCE N 88°08'32" W, A DISTANCE OF 414.37 FEET TO A POINT; ~ THENCE N 04°54'44- E, A DISTANCE OF 605.07 FEET TO A POINT; THENCE S 88°43'40- W, A DISTANCE OF 416.51 FEET TO A POINT; THENCE N 02°34'31- E, A DISTANCE OF 189.18 FEET TO A POINT; THENCE N 29°36'09- E, A DISTANCE OF 506.06 FEET TO A POINT; THENCE N 47°52'04- E, A DISTANCE OF 1122.01 FEET TO A POINT; THENCE N 27°16'42- E, A DISTANCE OF 19.38 FEET TO A POINT; THENCE N 88°52'42- E, A DISTANCE OF 269.93 FEET TO A POINT; THENCE S 00°03'48- E, A DISTANCE OF 40.00 FEET TO A POINT; THENCE N 88°52'42- E, A DISTANCE OF 975.00 FEET TO A POINT; THENCE S 00°03'48- E, A DISTANCE OF 177.90 FEET TO A POINT; THENCE S 89°56'12" W, A DISTANCE OF 30.00 FEET TO A POINT; PAGE I OF 3 THENCE S 09°33'18' E, A DISTANCE OF 314.65 FEET TO A POINT; THENCE N 89°22'12- E, A DISTANCE OF 16.34 FEET TO A POINT; THENCE S 01 °23'59' E, A DISTANCE OF 1964.52 FEET TO A POINT; THENCE S 88°35'45" W, A DISTANCE OF 682.03 FEET TO A POINT; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 40.00 FEET, A DELTA ANGLE OF 90°00'00', A L(~NG CHORD THAT BEARS S 43°35'45- VV A DISTANCE OF 56.57 FEET, AN ARC DISTANCE OF 62.83 FEET TO A POINT; ~ THENCE S 01°24'15- E, A DISTANCE OF 661.15 FEET TO A POINT; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 800.00 FEET, A DELTA ANGLE OF 16°03'55', A LONG CHORD THAT BEARS N 81 °06'26' E A DISTANCE OF 223.58 FEET, AN ARC DISTANCE OF 224.31 FEET TO A POINT; THENCE N 89°08'23- E, A DISTANCE OF 500.57 FEET TO A POINT; THENCE S 01 °24'14' E, A DISTANCE OF 39.52 FEET TO A POINT; THENCE N 89°11'31 ' E, A DISTANCE OF 1024.80 FEET TO A POINT; THENCE S 00°19'54- E, A DISTANCE OF 194.62 FEET TO A I::~OINT; THENCE S 51 °45'09' W, A DISTANCE OF 478.39 FEET TO A POINT; THENCE S 20°49'28- W, A DISTANCE OF 300.85 FEET TO A POINT; THENCE S 56°41 '38' W, A DISTANCE OF 515.46 FEET TO A POINT; THENCE N 00°20'22- W, A DISTANCE OF 426.94 FEET TO A POINT; THENCE S 47°16'58- W, A DISTANCE OF 574.06 FEET TO A POINT; THENCE S 56°12'18- W, A DISTANCE OF 621.51 FEET TO A POINT; THENCE S 54°01'18' W, A DISTANCE OF 181.55 FEET TO A POINT; THENCE N 03°40'25- W, A DISTANCE OF 276.15 FEET TO A POINT; THENCE N 03°35'15- W, A DISTANCE OF 666.24 FEET TO A POINT; THENCE S 85°56'29- W, A DISTANCE OF 425.01 FEET TO A POINT; THENCE S 08°15'19' W, A DISTANCE OF 495.05 FEET TO A POINT; PAGE 2 OF 3 THENCE S 47°20'49- W, A DISTANCE OF 1055.13 FEET TO A POINT; THENCE S 86°20'49- W, A DISTANCE OF 500.02 FEET TO A POINT; THENCE N 63°35'09- W, A DISTANCE OF 290.02 FEET THE POINT OF BEGINNING, AND CONTAINING 233.206 ACRES OF LAND, MORE OR LESS. THIS D(X~UMENT IS NOT INTENDED FOR USE AS DEFINED UNDER SECTION 2 OF THE PROFESSIONAL LAND SURVEYING PRACTICES ACT, ARTICLE 5282C V.T.C.S. (REVISED) PAGE 3 OF 3 F:JOl~SLD~94314210tSDATA~J.EGAL6. FNS SERVICE PLAN I. Purpose: The purpose of this service plan is to outline all municipal services which will be provided to the area proposed for annexation. This plan is in accordance with 970a Section 10B, V.A.C.S. H. Property Description: Attached as Exhibit A. The land is presently rural and has three (3) or less inhabitants. ~ III. Immediate Services: The newly incorporated area will have full and immediate access to the following municipal services: Public Safety -- Police protection is to be provided by the extension of patrol into the annexed area and by response from The Colony Police Department to individual request by residents of the annexed area. Fire Protection and Emergency Medical Services are to be provided upon request. Public Works -- Solid waste collection, traffic control, and street maintenance services are to be provided to the annexed area in accordance with City of The Colony ordinances, resolutions and regulations. Public Health Services -- Code enforcement services of the City of The Colony are to be provided to the annexed area. Cultural and Recreational Facilities -- City of The Colony parks and recreational centers, public library and swimming pool (Aquatic Park) will be available for use by residents of the annexed area. IV. At the time the property is developed, the improvement will be constructed and provided by the developer of the property in accordance with city ordinances. Maintenance of any city-owned improvement will begin upon annexation. V. Time Frame: The legal statute governing service plans requires that proprietary services be available within sixty (60) days after the effective annexation date of any property. In the event the City of The Colony determines that capital improvements are necessary, the law requires that construction begin within two (2) years after the effective annexation date and must be substantially complete within four and one-half (4-1/2) years of the effective date of the annexation.