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HomeMy WebLinkAboutOrdinance No. 394 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 PRIVILEGES OF OTHER CITIZENS AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND TO BE HEREAFTER ADOPTED; PROVIDING FOR AMENDING AND CORRECT- ING THE OFFICIAL BOUNDARIES OF THE CITY AS HERE- TOFORE ADOPTED ; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE AN~D,.DECLARING AN EMERGENCY WHEREAS, the City Council of the City of The ~Olony, 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, two separate public hearings were conducted in accordance with Section 6 of the Municipal Annexation Act, the first being held at 7:00 p.m. on the 25th day of November, 1986 within the site to be annexed as described in the attached Exhibit "A" and the second hearing being held at 7:30 p.m. on the 25th day of November, 1985 at City Hall, 5576 North Colony Boulevard, The Colony, Texas; and WHEREAS, the public hearings were conducted and held not more forty (40) days nor less than twenty (20) days prior to the institutin of annexa- tion proceedings; and WHEREAS, notice of public hearings, which notice included in its entirety City of The Colony Ordinance Number 383 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 ]ess 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 ail 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 as part of this ordinacne, 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 shah 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 shah become effective from and after the date of its passage and iti~a¢cordingly so ordained. PASSED AND APPROV~ED by the City Council of the City of The Colony, Texas this ~ ~--~day of ~)~kC'~,~:~,6~. , 1985. City Attorney Ail that certain tract and parcel of land situated in the M. Hunt Survey, Abstract Number 642, Denton County, Texas, and being part of a tract of land described in a deed from Raymond Reeves to B. B. Owen, recorded in Volume 539, Page 378 of the Deed Records of Denton County, Texad, and being more particularly described by metes and bounds as follows: BEGINNING at an iron pin at the Southwest Corner of the W. D. Duffield Survey, Abst. # 361, same being in the East line of said Hunt Survey in the center of an abandoned East-West road, said beginning point being North 19.0 feet from a 22" elm tree; THENCE South 82°04'16'' West, along or near the centerl~ne of a road (road abandoned for most of distance) passing at 492.6' feet, the East line of a public road and continuing on said course and passing at 862.0 feet, more or less, the West line of said public road as it bends toward the south and continuing on said course along or near the centerline of an abandoned road, a total distance of 2,636.75 feet to a 2" iron pipe found for a corner; THENCE North 00°40'40'' West, along or near a fence line, 1,013.73 feet to a 2' pipe:set for a corner; THENCE North 89o19'20'' East, 2,618.71 feet to a steel pin:set in a North- South public road, same being the East boundary line of said Hunt Survey, same being the West boundary line of said I)uffield Survey; THENCE South 00°25'15" EAst, 680.94 feet to the PLACE OF BEGINNING and con- taining in all 50.90 acres of land, of which .90 acres is contained in said public road, leaving a net acreage of 50.00 acres of land. EKHI,BI~ "B" A tract of land approximately 50 acres in size, being generally located in the northeastern portion of the corporate city limits, being known as B.B. Owens Park, and being due north of Squires Drive. In accordance with 970A Section 10B V.A.C.S., 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 presently rural 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. 5. No capital improvements,i.e., streets, fire station, etc. are needed unless the land is subdivided and developed. 6. Water and sewer service presently is not provided by the City. Return to ~ City Secretary 5576 N. Colony Blvd. The Colony, Texas 75056