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HomeMy WebLinkAboutOrdinance No. 303 CITY OF THE COLONY, TEXAS ORDINANCE NO..~__O5 _-- AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, ANNEXING ADJACENT AND CONTIGUOUS TERRITORY AS DESCRIBED IN EXHIBIT "A" 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 BEAR ITS PRO RATA PART OF THE TAXES LEVIED BY THE CITY AND THAT THE OWNERS AND INHABITANTS THEREOF SH.ALL BE ENTITLED TO THE RIGHTS, PRIVILEGES AND RESPONSIBILITIES OF OTHER CITIZENS AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND TO BE HEREAFTER A- DOPTED; AND FURTHER PRO¥IDING FOR AMENDING AND CORRECTING THE OFFICIAL MAP AND BOUNDARIES OF THE CITY AS HERETOFORE ADOPTED; PROVIDING A SEVERABILITY CLAUSE AND PROVIDING FOR THE ORDINANCE TO GO INTO EFFECT UPON ITS PASSAGE. WHEREAS, the City of The Colony, Texas (the "City"), pursuant to the Municipal Annexation Act, Tex. Rev. Civ. Stat. Ann. art. 970(a), as amended, and Section 1.04 of Chapter I of the Home Rule Charter of the City of The Colony, Texas, adopted January 20, 1979, has heretofore instituted annexation proceedings to annex additional territory lying adjacent to the City which territory is described in Exhibit "A" attached hereto and incorporated herein for ail purposes; 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 I5th day of October, 1984, within the site to be annexed and the second hearing being held at 7:30 o'clock p.m. on the 15th day of October, ]984, at the City Hall, 5576 North Colony Boulevard, The Colony, Texas; and WHEREAS, the public hearings were conducted and held not more than forty (40) days nor less than twenty (20) days prior to the institution of annexation proceedings; and WHEREAS, notice of the public hearings was published in a newspaper of genera] circulation in the City, 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, 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~ the property to be annexed is contiguous and adjacent to the City limits of the City of The Colony, Texas and not within the boundaries of another 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 corporation limits of the City of The Colony, Denton County, Texas, and same is hereby made a part of the City. EXHIBIT "A" All that certain lot, tract, or parcel of land lying and being situated in the County of De. nton, State of Texas, and being part of St. Louis, San Francisco, and Texas Railroad right-of-way, being out of MDT Hallmark Survey, Abstract No. 570, and being more particularly described as follows: BEGINNING at a steel pin located in the south boundary line o£ the MDT Hallmark .Survey, the same point being the southeast corner of the city limits boundary ot The Colony, Texas; THENCE North gg degrees, 52 minutes, 30 seconds East, along the South boundary line of the MDT Hallmark Survey, tot a distance of 71 feet to a point of intersect with the West boundary line of the St. Louis, San Francisco, Texas Railroad right-of-way, and continues along said course for approximately a total distance of 171 feet to the East boundary line of said Railroad right-of-way; THENCE North, 5 degrees, _55 minutes, 50 seconds East along the East right-of-way line of the said Railroad, 50 feet from, and at right angles to, the center line of said Railroad right-of-way, for a distance of 2,500 feet; THENCE South gg degrees, 52 minutes, 30 seconds West, for a distance of approximately 100 feet, to a point of intersect with the West right-of-way line of said Railroad; THENCE South 5 degrees, 55 minutes, 50 seconds West, along the West right-of-way line of the said Railroad, and then 50 feet from, and at right angles to, the center line of said Railroad right-of-way, for a distance of 1,5#7 feet, to a steel pin for THENCE North g3 degrees, #3 minutes West, for a distance of 190 feet, for a corner; THENCE South I degree, 7 minutes, 30 seconds East, for a distance of 970 feet to a point on the South boundary line of the MDT Hallmark Survey, said point being the point of beginning. EXHIBIT "B" SERVICE PLAN Service Plan.for a land tract generally located south of SHI21 along the eastern city limits boundary adjacent to the I.B.M. tract and including the Burlington Northern Railroad. In accordance with 970A Section 10B VACS 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 not developed 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. §. 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 Municipal Utility District #1 for these services.