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HomeMy WebLinkAboutOrdinance No. 364 RF.A[** I ROPLR Y I £CORDS CITY OF THE COLONY, T XAS 94 0 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 T~H.E CITY AND THAT THE OWNERS AND INHABITANTS THEREOF SHALL BE ENTITLED TO THE RIGHTS AND PR1VLEGES OF OTHER CITIZENS AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND TO BE HEREAFTER 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 EMER- GENCY 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 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. 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, all 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 Municipal Annexation Act, the first being held at 7:30 p.m. on the 8th day of July, 1985 and the second hearing being held at 8:00 p.m. on the 8th day of July, 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 the public hearings, which notice included in its entirety City of The Colony Ordinance Number 355 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 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 ail 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 attached 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 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 of ~-~i~-, 198_~_. Council of the City of The Colony, Texas this /~. day APP~)VED by the City '~ ~cretary,~ity of The Colony, Texas [SEAL] APPROVED AS TO FORM: ~ BOUNDARY DESCRIPTION A tract or parcel of land situated in the Samuel Cho~ning Survey -. Abstract No. 244, in Denton County, Texas, and being a 500 foot !1 ' .' ~ide stri~ of land more particularly described as follows: Commencing at the Southwest Corner of the Patrick O'Leery Survey Abstract No. 978 in the Center of Stewarts Creek Road, Thence ii ~~-'-'/ North O10 39' 00" West 1830.9 feet along the West Line of said O'keary Survey the saae being the East Line of said Samuel :1 Cho~nlng Survey, Thence South 88° 59' 30" West 1350.0 feet to a  po~n% on the Easterly Take Line of Lake Lewisville, being a 515 I ~oot contour lane and pool elevation, for the POINT OF BEGINNING: THENCE North 80° West approximately 2120 feet to a point et the THE COLONY PRELIMINARY //~ JUN i 8 lg85 D .... fl~id§efarmer & Associates, Inc. DATE:: CONSUL]' lNG ENGINEERS [;ATLAS. 'TEXAS ELIZABETH [HOIvtPSON WHILE O. SURVEY LUCKEll l-I?O SURVEY A- I~lB SURVEY ~- l~2 ~-751 I SAMUEL I THOMPSON PAYTON L R.E. D. SURVEY EL iZABETH CARTER LUCK[ l T A- 1009 CARTER SURVEY SURVEY SURVEY I A-~21 A-322 I . t PHIL E MON SURVEY J J GRAY I R HIGGiNS A-)52 ~VEY I SURVEY W SAMUEL I pAY 'TON I J SURVEY WYNNWOOD PARK -- ~ SURVEY CHAMBE~ LEWISVILLE .j,~/.18 ~0.9 ~ ~ I HEA~ i ~/~//~AMUELL !.~ .COMMENCIN( A-60~ STEWARITS ~/'/ff//S UR VE Y ~ ......... SU~ . E · ' SURVEY : CREEK ROI / ~, ~ "-THE COLONY t · (/ EXISTING CITY LIMITS SERVICE PLAN Service Plan ~or a 500 ioot wide land tract containing 33 acres generally located North and West o~ the City limit boundary on Stewart Creek Pennisula and connecting by water with Wynnewood Peninsula. In accordance with 970A Section 10B VACS the iollowing is a statement o! governmental service that must be provided in sixty (60) days and capital improvements that must be provided in two and one-bali (2½) 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 ~ew inhabitants- A large number of medical calls is not expected. 2. The Police Department will review immediately the provision o~ a new district which will provide for patrol of this area based upon need. 3- Waste collection can be provided upon request. #. Road and park maintenance can be maintained. There are no recreational ~acilities on this land. 5. No capital improvements~ i.e., streets~ fire station~ etc.~ are needed unless the ]and is subdivided and developed. 6- Water and sewer service is not provided by the City. This area can request to be included into The Co].ony ttl Municipal Utility District for these services.