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Home My WebLink AboutOrdinance No. 317 REAl. PROPERTY REC(IRDS CITY OF THE'COLONY, TEXAS 3 1579 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 PRWILEGES OF OTHER CITIZENS AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND TO BE HERE- AFTER ADOPTED; PRO~DING FOR AMENDING AND COR- RECTING THE OFFICIAL BOUNDARIES OF THE CITY AS HERE- TOFORE ADOPTED; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTWE 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 to the City, which territory is described in Exhibit "A," which Exhibit is attached hereto and incorporated herein for all pur~ses; and WHEREAS, the City is a duly constituted home rule City pursuant to Tex. Rev. Civ. Stat. art 1165 et seq ~(Vernon 1963); and WHEREAS, in accordance with the Municipal Annexation Act, a service plan, attached hereto as Exhibit "B" and incorporated herein for all pur~ses, 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 7:00 o'clock p.m. on the 3rd day of December, 1984 within the site to be annexed as described in the attached Exhibit "A" and the second hearing being held at 7:30 o'clock p.m. on the 3rd day of December, 1984 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 307 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 at~ached hereto and incorporated herein for all purposes, be and is hereby annexed and brought within the cor~rate limits of the City of The Colony, Denton County, Texas, and same is'hereby made an integral part hereof. Section 3. The service plan sub}nitted 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 APP~VED by the City Council of the City of The Colony, ayor, J21ty of"Ffi~e ~'olony, Texas ATTEST: ~.e~:~ary, City of The Colony, Texas [S L] City Attorney,' ~ity 6f Th~lony, Texas 5-11-82 ~80078 CITY OF THE COL05~Y, TEXAS (PROPOSED ANq~_OIATION OF STEWART'S CREEK PARK) BEING a tract of land in the B.B,B. & C. Railroad Company Survey, Abstract No. 181, the Samuel Chowaing Survey, Abstract N~. 244, the Ibby Hamby Survey, Abstract No. 566, and the J.W. Haynes & M.D~ Bullion Survey, Abstract No. 620, situated in Denton County, Texas, and also being a part of Tract No. G-605 conveyed by T.C. Irby and wife, Kathrina Irby to the United States of America for Garza-Little Elm Reservoir and a part of Tract No. B-175A conveyed by the Republic National Bank of Dallas and Fannette White Fishburn to the United States of America for Garza-Little Elm Reservoir, and being more particularly described as follows: COPL~ENCING at the most Northerly Northeas~ corner of the T.C. Irby property and the most Northerly Northeast corner of said Tract No. G-605; THENCE South, 375 feet and East, 270 feet to the PLACE OF BEGINNING; THENCE along the Easterly line of said Tract No. G-605 as follows: South 3°08' West, 598 feet; East, 560 feet; South 51°34' West, 955 feet; South 7°17' West, 405 feet to a North- east corner of Tract No. B-175A; THENCE along the line of Tract No. B-175A as follows: South 18~00' West, 1965 feet; South 63"20' East, 290 feet; North 86°37' East, 500 feet; North 47°36' East, 1055 feet; North 8°30' East, 495 feet; North 86°12' East, 425 feet; South 3°24, East, 1050 feet, more or less, to a point on the 515.0 foot contour llne and conservation pool elevation; T~t~NCE in a Westerly and Northerly direction aloDg said 515.0 foot contour line, to a point which is 375 feet. South of the most Northerly line of the above mentioned Tract G-605; THENCE East, 400 feet, more or less, to the PLACE OF BEGINNING, and containing 130 acres of land, more or less. A-1 A-2 EXHIBIT "B" SERVICE PLAN Service Plan for a land tract generally located on the western tip of the ~tewart Creek Peninsula adjacent to the western city limit boundary containing 130 acres and Know as Stewart Creek Park, a U.S.; Corp of Engineer park area leased by the City. 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. P~esently the City does have a contract with Denton County to provide fire protection to this area and this service will be continued. This land will not be developed. We are presently providing full ambulance ser- vice to this area. 2. The Police Department is currently enforcing ail laws within the park by the authority of a contract with Denton County. 3. Waste collection is provided currently by the City. 4. Park maintenance can be maintained. We are presently maintaining the park per contract with the U.S. Corp. 5. No ~i~'~improvements, i.e., streets, fire station, etc., are needed, however, the street will have to be repaired in cooperation with the Corp of Engineers. 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. 3ihIg ~JF tEXAS COUN1Y OF [J[Nit~I COU/~rY CLERK, ~n ~un~, Taxis I hereby ce~ify that this instfu~nt was flied on JUN Z ~ 1985