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HomeMy WebLinkAboutOrdinance No. 277 CITY O}r lltE COLONY, TEXAS ORDINANCE NO. 277 AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF THE COLONY, TEXAS; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; PROVIDING THAT SUCH AREA SHALL BECOME A PART OF THE CITY AND THAT THE OWNERS AND INHABITANTS THEREOF SHALL BE ENTITLED TO THE RIGHTS AND PRMLEGES OF OTHER CITIZENS AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND TO BE HERE- AFTER ADOPTED; AND FURTHER PROVIDING FOR AMENDING AND CORRECTING THE OFFICIAL BOUNDARIES OF THE CITY AS HERETOFORE ADOPTED AND PROVIDING FOR THE ORDI- NANCE TO GO INTO EFFECT UPON PASSAGE OF THE ORDI- NANCE AND PROVIDING A SEVERABILITY CLAUSE WHEREAS, the City, pursuant to the Municipal Annexation Act, Tex. Rev. Civ. Stat. Ann. art. 970(a), as amended, and Section 1.03 of Chapter I of the Home Rule Charter of the City of The Colony, Texas, adopted January 20, 1979, has heretofore instituted annexation proceedings; and WHEREAS, the City has received a petition from the landowners requesting annexation of the tract described in Exhibit "A" attached hereto and incorporated herein for all purposes; 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 which plan was made available for inspection and explained at the public hearings conducted as hereinafter described; and WHEREAS, all required statutory notice pursuant to the Act has been accomplishedl; and WHEREAS, two separate public hearings were conducted in accordance with Section 6 of TEX. REV. CIV. STAT. ANN. art. 970a (Vernon Supp. 1963 - 1983) the first being held at 7:00 o'clock p.m. on the 16th day of April, 1984, within the site to be annexed and the second hearing being held at 7:30 o'clock p.m. on the 16th day of April, 1984, at the City Hall, 5576 North Colony Boulevard, The Colony, Texas. WHEREAS, the public hearings were conducted and held not more than forty (40) days nor ]ess than twenty (20) days prior to the institution of annexation proceedings; and WHEREAS, notice of 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 ]east 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 by Certified Mail was given to railroad companies, if any, serving the City of The Colony and on the tax roll of the City of The Colony where the right of way is located within the territory to be annexed; and WHEREAS, the property to be annexed is contiguous and adjacent to the City limits of the City of The Colony and not within the boundaries of another city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF TEH 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 deseri~eC ir~ 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 service plan submitted in accordance with the Municipal Annexation Act is hereby approved as part of this Ordinance, made a part hereof, and attaehed hereto as Exhibit "B". 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 of The Colony, Texas, 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 City Manager is hereby directed and authorized to perform or cause to be performed all acts necessary to correct the official map of the City of The Colony, Texas, to add the territory hereby annexed as required by law. Seetion 7. That this ordinance shall become effective after the date of its passage. Section 8. That the City Manager is hereby directed and authorized to file a certified copy of this Ordinance with the neeesssary agencies. Section 9. If any section, subsection, sentence, phrase, or word be found to be illegal, invalid, unconstitutional or if any portion of said property is ineapable 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, situation or circumstances, nor shall such 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 appieations 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. PASSED AND APPROVED by the City Council of the City of The Colony, Texas this 16th day of April , 1984. ity o-T-The 'f~olony, ~as ATTEST: ~t~ ~ Texas C' y~..U~City of The Colony, [SEAL] APPROVED AS TO FORM: ity Attorney, City of Th~olohy, Texas ...... X~,~]DN OF 302 462 ACRES - NORTH OF 82.97/- ACRE 'TRACT ~£]XO a 302.462 acre tract of 1arid situated in Denton Count)., Texas, .:,'Jr of the James Robertson Survey, Abstract No. 1507, and the B. B. B. & C. ~. R. Co. Survey, Abstract No. 182, ~a~d 302.~62 acre tract being more particuiar]¥ described as follows: ~i.._,,}',~:~G at :~.. nor :.~.'as~ corner of said B ~ & C. I. I. Co. said poSnt being the southmost southeast corner of said James Survey; · n,NCE South along the east line of said B. B. B. & C. R. R. Co. S~rvey, a distance of 2,168.O feet to a poSnt on the arc of a curve ~bose center bears - South 27 degrees 26 minutes 50 seconds East a distance of 2,720.O feet ?-eying a central angle of 19 degrees 02 minutes 26 seconds and a tangent len~h of 456.2 feet; THENCE along said curve an arc distance of 903.9 feet to a point for corner; THENCE North 88 degrees 24 minutes 38 seconds West a distance of 63 -.~ feet to a point on the arc of a curve to the right whose center bears Sou:h degrees 03 minutes 04 seconds East a distance of 3,220.0 feet, having a central angle of 12 degrees 36 minutes 36 seconds and a tangent length of 355.8 feet; THENCE along said curve an arc distance of 708.7 feet to a point for corner; THENCE West a distance of 5,169.2 feet to a point in the west line of said B. B. B. & C. R. R. Co. Survey; THENCE North OO degrees 29 minutes 35 seconds West along the west ]ine of said B. B. B. & C. R. R. Co. Survey a distance of 752.1 feet to a point for corner; THENCE North 79 degrees 23 minutes O0 'seconds East a distance of 79.80 feet to a point for corner; THENCE North 48 degrees 42 minutes OO, seconds East a distance of 322.0 feet to a point for corner; THENCE North 62 degrees 06 minutes OO seconds East a distance of 1,111.5 feet ' to a point for corner; THENCE North 36 degrees 38 minutes OO seconds East a distance of 833.2 feet to a point in the north line of said B. B. B. & C. R. R. Co. Survey, Abstract No. 182; THENCE along the north line of said B. B. B. & C. R. R. Co. Survey, Abstract No. 182, east a distance of 3,753.3 feet to a point for corner; THENCE North a d~stance of 2,325.2 feet to a point in the north line of said James Robertson Survey; Exhibit "A" THENCE East along said north line of said James Robertson Survey a distance of 500.0 feet to a point for corner; THENCE South a distance of 2,325.0 feet 'to the POINT OF BEGINNING and containing 302.462 acres of land, more or less. SERVICE PLAN Service Plan for a 302.462 acre land tract generally located due north of the northwest City limit boundary on Wynnewood Peninsula. In accordance with 970A Section" i~B'~VAg$'Ehe following is a statement of governmental serv[~e~that ~uSt be provided in sixty days and capital impr6~ements ithat, must be provided in two and one-half years. ~ ..~ ~...~ 1. Presently the City dOes:'h'ave' a contract with Denton County to provide fire protec~iion to ~his. area and this service will be continued. Ambulance 'service can be provided immediately. This land is not developed and.has few inhabitants. A large number of medical calls is no~ expected. 2. The Police Department will review immediately the provision of a new district which will p~bvide 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 until the land is subdivided and consequently developed. 6. Water and sewer service is not provided by the City. This area can request to be included into The Colony #1 Munici- pal Utility District for these services. STATE OF TEXAS REAL PROPERTY RECORBS COUNTY OF DENTON 40658 I, Janet Gadd , the duly appointed, qualified and acting City Secretary of the City of The Colony, Texas, hereby certify that the foregoing pages constitute a true and correct copy of City ordinance Number__277 passed by the City Council at a meeting held on the 16th day of June , 19 84 To certify which, witness my hand and seal of the City of The Colony, Texas, this ~'~-~ day of at The Colony, Texas. (~?-"~ : :'?-'::~ : ~ ~ ..' Ci f the City of The ~;~... ~. g .'~ :~ 5 ~:.~ Colony, Texas ':i:~;~~ ~ ~ ~:': .. ..'"