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HomeMy WebLinkAboutOrdinance No. 502 CITY OF THE coLo , TEXAS ORDINANCE NO. ~-~ TERRITORY TO THE CITY OF THE COLONY, TEXAS~ FINDING THAT ~T.T. NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED PROVIDING THAT SUCH AREA SH~TJ. 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 HEREINAFTER ADOPTED} PROVIDING A SEVERABILITY CLAUSE} PROVIDING AN EFFECTIVE DATE AND DECLARING AN EMERGENCY WHEREAS, the City Council of the City of The Colony, Texas (the "City"), pursuant to the Municipal Annexation Act, Tex. Rev. Civ. Stat. Ann. art. 970a, as amended, and Section 1.04 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 in Exhibit "A", which exhibit is attached hereto and incorporated herein for all purposes; and, WHEREAS, the City is a duly constituted Home Rule City pursuant to Tex. Rev. Civ. Stat. Ann. art 1165 et seq, as amended} and, WHEREAS, in accordance with the Municipal Annexation Act, a service plan, attached hereto as Exhibit 'B~, and incorporated herein for all purposes, was prepared by the appropriate department of the City and was made available for inspection and explained at the public hearings conducted as hereinafter describedl and, WHEREAS, two separate public hearings were conducted in accordance with Section 6 of the Municipal Annexation Act, the first being held at 7:00 p.m. on the 31st day of August, 1987, within the site to be annexed as described in the attached Exhibit "A" and the second hearing being held at 7:30 p.m. on the 31st day of August, 1987 at City Hall, 5151 North Colony Boulevard, The Colony, Texas; and, WHEREAS, the public hearings were conducted and held no more than forty (40) days nor less that twenty (20) days prior to the institution of annexation proceedings; and, WHEREAS, notice of public hearings, which notice included in its entirety City of The Colony Ordinance No.491 calling the public hearings, was published in a newspaper of general circulation in the City of The Colony 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 (10) days prior to each public hearing; and, WHEREAS, additional notice by Certified Mail was given to railroad companies, if any, serving The Colony and not within the boundaries of any other city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. 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 2. That the property described in Exhibit "A", which exhibit is attached hereto and incorporated herein for all purposes, be and is hereby annexed and brought within the corporate limits of the City of The Colony, Denton County, Texas, and same is hereby made an integral part hereof. Section 3. The servlce 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 Section 4. 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 5. 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 The Colony, Texas. Section 6. 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 to add the territory hereby annexed as required by law. Section 7. That this Ordinance shall become effective after its passage. Section 8. That the Mayor is hereby directed and authorized to file a certified copy of this Ordinance in the office of the County Clerk of Denton County, Texas. Section 9. If any section, subsection, sentence, 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 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 of any other Ordinance of the City. The City Council declares that it would have adopted the valid portions and applications of this Ordinance and would have annexed the valid property without the invalid part, and to this end the provisions of this Ordinance are declared to be severable. Section 10. The fact that the present Ordinances and regulations of the City are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City, creates an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires that this Ordinance shall become effective from and after the date of passage and it is accordingly so ordained. PASSED AND APPROVED by the _C'~, C~ncil of the City of The Colony, Texas, this~day of _._~.,~o , 1987. ~/ A~..~.~ys, City Secretary City Attorney BEING a tract of land situated in William Garvin Survey Abstract No. 453, R. P. Survey Abstract No. 611, and B.B.B. & C.R.R.R. Survey Abstract No. 174, Denton County, Texas, said land being part of the State }{ighway 121 right of way, alld being more particularly described as follows: .COMMENCING at the northeasterm corner of e tract of lan~ conveyed to the International business machines Corporation, as recorded in Volume 979, Pages 458, 463, sad 473, Deed Records of said county, said corner is located om the western right o£ way lil3e o£ St. Louis and San Francisco Railroad (100 foot THENCE South 06 deg. 27.min. 13 sec. East, along the western right of way line of St Louis and San Francisco Railroad for distance of 169.31 feel to a point in the existing northern right of way line of S.H. 121 and the POINT OF BEGINNING; THENCE along the existing northern right of way line of S.I{. 121 as follows: North 61 deg. 20 min. 23 sec. East, for a distance of 1,258.02 feet to the beginniag of a tel]gent curve to the right having a radius o£ 11,5S9.16 feet and a central angle of O1 deg. 15 min. 15 sec.; Along the arc o£ said curve to the might for a distance 252.60 feet to a point for corner; North 64 deg. 31 min. 25 sec. East, for a distsmce o{ 199.87 feet to the beginning of a curve to the right having radius of 11,534.16 feet which bears South 26 deg. 24 mill. 49 sec. East; Along the arc of said curve to the righl: having a central angle of 07 deg. 49 min. 12 sec., for a distance of' 1,574.26 feet; North 71 deg. '24 min. 23 sec. East, for a distance of 1~3.97 feet to a point for corner; THENCE South O0 deg. 19 min. 38 sec. West, crossing the centerline of S.H. 121 continuing for a distance of 163.85 feet to a point for corner in the existing southern right of way line of S.H. 121; THENCE along the existing southern right of way line of S.H. 121 as follows: South 71 deg. 24 min. 23 sec. West, for a distance of 70.84 feet to the beginning of a tangent curve to the left having a radius of 11,S79.16 feet end a central angle of 03 deg. min. 38 sec.; Along the arc of said curve to the left for a distance of 607.84 feet; South 30 deg. ~6 min. 13 ~ec. ~est, for a distalice o£ ~4.35 feet to a. point for corner; South 18 deg. 20 min. 47 sec. East, for a distance o£ 100.00 feet to a point for corner; South 41 deg. 26 min. 05 sec. East, for a distance of 186.88 feet to apoint for corner; South OB deg. 07 min. 44 sec. East, for s distance of North 88 da9. 2~ min. 51 sec. West, for a distance of 135.57 feet to a point for corner; North 22 deg. O1 min. 57 sec. West, £or a distance of 265.44 feet to a point for corner; North 75 deg. 14 min. 11 sec. West, for a distance of 75.33 £eat to the beginning of a curve to the left having a radius of 11,379.16 £eet which bears South 22 de9. 39 min. 24 sec.; Along the arc of said curve to the le£t having a. cel]tral angle of 06 deg.O0 min.13 sec., for a distance of feet; South 61 deg. 20 min. 23 sec. West, for a distance of 1,215.33 feet to a point for corner; South 06 deg. 27 min.13 sec. East, for e distance of 10.80 feet to s point £~r corner; South 61 deg. 20 min. 23 sec. West, for a distance of 108.01 feet to a point for corner in the western right o£ way line of St. Louis and San Francisco Railroad; THENCE North 06 deg. 27 min. 13 sec. West along said western right of way line o£ St. Louis and San Francisco Railroad for a distance of 183.62 feet to the POINT OF BEGINNING and contatnin~ 13.1092 acres of land. (see attachment A) - SERVICE PLAN A tract of land being approximately 13.1092 acres situated in Denton County, Texas and being part of the State Highway 121 right of way, and generally located north and east of the corporate limits of the City of The Colony In accordance with 970A Section 10B V.A.C.S., the following is'a statement of governmental service that must be provided in sixty (60) days and capital improvements that must be provided in two and one-half years. 1. Presently the City does have a contract with Denton County to provide fire protection to this area and this service will be continued. Ambulance service can be provided immediately. This land is presently rural and has few inhabitants. A large number of medical calls is not expected. 2. The Police Department will review immediately the provision of a new district which will provide for patrol of this area based upon need. 3. Waste collection can be provided upon request. 4. Road and park maintenance can be maintained. There are no recreational facilities on this land. 5. No capital improvements, i.e., streets, fire station, etc. are needed unless the land is subdivided and developed. 6. Water and sewer service can be provided upon request. EXHIBIT "C"