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HomeMy WebLinkAboutOrdinance No. 368 i EAL PI II IIT t[CORD$ 94 _8 · CITY OF THE COLONY, TEXAS ORDINANCE NO. 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; PROVIDING FOR AMENDING AND CORRECTING THE OFFICIAL BOUNDARIES OF THE CITY AS HERETOFORE 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. 970(a), as amended, and Section 1.04 of Chapter 1 of the Home Rule Charter of the City has heretofore initiated annexation pr'oceedings, pursuant to receipt of a petition signed by the owners of the subject property, 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 h duly constituted Home Rule City pursuant to Tex. Rev. Civ. Stat. 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 described; and WHEREAS, ail required statutory notice pursuant to the Act has been accomplished; and WHEREAS, two separate public hearings were conducted in accordance with Section 6 of the Municil)ai Annexation Act, the first being held at ~/; O~) ~_.m. on the ~ ~ day of ~[tJ('~J~T, 1985 and the second hearing being held at ri. ~O {3 .m. on the I~'~ day of ~oG-~JS-~, 1985, both of said hearings being held 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 public hearings, which notice included in its entirety City of The Colony Ordinance Number ~ 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 ten (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 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 or extraterritorial jurisdiction 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 service plan submitted in accordance with the Municipal Annexation Act is hereby approved a part of this ordinance, made a part hereof and ~attached hereto as Exhibit "B." Section 4. That the owners and inhabitants of the area herein annexed be entitled to all 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 Mayor 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. Section 7. That this ordinance shall become effective after the date of 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 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 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 of The Colony, Texas, are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City of the Colony, Texas, 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 its passage and it is accordingly so ordained. PASSED AND APPROVED by the City Council of the City of The Colony, Texas this the ! ~)"~ day of f~ t~ ~-~ ~- , 1985. ity of~l~h~e C~lony, Texas ATTEST: ~ !t~ /~ity of The Colony, Texas City Attorney, City of The Colony, Texas · . (THE COLONY TRACT) BEING a tract of land situated in the Samuel B. Evans Survey, Abstract No. 387, David Andrews Survey, Abstract No. 18 and the Thomas A. West Survey, Abstract No. 13q4 in Denton County, Texas and being more particularly described as follows: COMMENCING a point in the North right-of-way line of F.M. Highway 544 (80 foot right-of-way), said point also being in the most westerly line of said Samuel B. Evans .Sur~ey; THENCE N 01~55' W, along the above said westerly line of Samuel B. Evans Survey for a distance of 1364.0 feet to a point; THENCE N 78'45' E, leaving said survey line for a distance of 1~7.0 feet to a THENCE N 60051' E., for a distance of 72.0 feet to a point; THENCE N 72~48' E., for a distance of 390.0 feet to the POINT OF BEGINNING; THENCE N 01~25' W, for a distance of 220.0 feet to a point; THENCE N 22017' E, for a distance of 95.0 feet to a point; THENCE N 28025' E, for a distance of 7~.0 feet to a point; THENCE N 60040' E, for a distance of 5~.0 feet to a point; THENCE N .76019' E, for a distance of~1~9.0 feet to a point, said point being in the west line of the Samuel B. Evans Survey; THENCE N 00020' W, along the west line of said survey line a distance of 3883.0 feet to a point, said point also'being the Northwesterly corner of the Samuel B. Evans Survey; THENCE N 89~01~ E, along the North line of said survey a distance of ~75.0 feet to a point; THENCE N 89'18'.E, continuing along north survey line of the Samuel B. Evans Survey and the David'Andrews Sur'vey for a distance of 2165.0 feet to a point; THENCE N 00031' W, for a distance of 1650.0 feet to a point; - THENCE S 89~45' W, for a distance of 1639.0 feet to a point; THENCE N 00'02' W, for a distance of 1654.0 feet toa point, said point also being the Northwest corner of the Thomas A. West Survey; THENCE East along the north line of said survey line for a distance of. 42~6.0 feet to a point also being the Northeast corner of said Thomas A. West Survey; THENCE S 00~53' E, along the east line of said survey line for a distance of 1909.0 feet to a point; THENCE S 06oq0' ~, for a distance of 1396.0 feet to a point; THENCE N 89~49' E,' for a distance of 35.00 feet to a point; THENCE S 07~05' W, for a distance 6f 1700.0 feet toa point; THENCE N 89°49' W, for a distance of 2100.0 feet'to a point, said point also being the centerline of a future thoroughfare running North and South; THENCE in a southwesterly direction along the centerfineof said future thoroughfare along a curve to the left a distance of 1050.0 feet to a point, said point also being the centerllne of a future thoroughfare; 'THENCE in a southwesterly direction along the centerllne, of said future thoroughfare along a curve to the left and reverse curve to the right a distance of 2840.0 feet to the POINT OF BEGINNING and CONTAINING 589 acres of land more or less. Revised: June 10, 1985 Treece & Company, Inc. Project No. 85013 qe~2e Plan for a 589 ac[e ]and ::ac: : '~ - :17 ~d R~:!i~ a~.d East o} ti~e City !:~i~ hm~ndary and ad)oinin~ a ~.~nd tract e'~ '~ b~ ~he i.E.M. ~?..,rpolation. In accordance with ~70A Section 1DB VACS the ~ol]o,~.in~ is ~ stalement o~ B~.~ermhe' ~ service that must be prov)ded in sixty (60) da) s and tapirs] ~:npra,ements that must be pravid~d m two and one-ha]~ (2:t} ?r~ars. 1, Presently the City does have a contract with Denton County to provide ~ire prc:t ct~:~n to this area and this service will be continued. Ambulance service can be pro~dee immediately. This ]and is presently ruraJ and has J'ew inhabitants. ,~ large number o:f medical ca]]s is not expected. 2. The Police Department will review immediately the provision o:~ a new district which wJ]] provide for patrol of this area based upon need. ~. Waste collection can be provided upon request. ]Road and park maintenance can be maintained. There are no recreazJona] ~acJ]i~ies on this ]and. 5. No capita] irnprovements~ i.e,~ streets~ ]*Jre station~ etc., are needed unless the Jand is subdivided and developed. 6. Water and sewer service presently is not provided by the City.