HomeMy WebLinkAboutOrdinance No. 390 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 PRIVILEGES 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 Tex. Rev. Civ. Stat. Ann. art. 1175, as amended,
and the Home Rule Charter of the City has heretofore initiated annexation
proceedings through the receipt and acceptance of a Petition Requesting
Annexatin to annex territory lying adjacent and contiguous to the City,
which territory is described in Exhibit "A" and "B" 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, Tex.
Rev. Civ. Stat. Ann. art. 970a, as amended, a service plan, attached
hereto as Exhibit "C" and incorporated herein for all purposes, was pre-
pared by the appropriate department of the City and was made available
for inspection and explained at the public hearings conducted as herein-
after described; and
WHEREAS, ail required statutory notice pursuant to the Municipal
Annexation 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 18th day of November, ]985 within the site to be annexed
and the second hearing being held at 7:30 o'clock p.m. on the ]8th 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 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 378 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
com~anies,~f 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 aH 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 Exhibits "A" and "B",
which exhibits are 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 ~o ~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 "C".
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 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, article, paragraph, sentence, clause, phrase
or word in this ordinance, or application thereto any person or circumstance,
is held invalid or unconstitutional by a Court of competent jurisdiction,
such holding shall not affect the validity of the remaining portions of this
ordinance; and the City Council hereby declares it would have passed such
remaining portions of the ordinance despite such invalidity, which remaining
portions shall remain in full force and effect.
Section 10. The fact that the present ordinances and regulations of
the City of The Colony, Texas, are inadequate to property 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.~AN.~ APPROVEfl~ by the City Council of The City of The Colony,
Texas this ~ day of .j~ ~/~'~z~w~ 1985.
ATTEST:
~;~~tary;~/City of The Colony, Texas
~VED AS TO FORM:
City Attorney, City of The Colony, Texas
GOUNT¥~ CLERK'S MEMO; Legibility of
UNSATISFAC~Ry 'EXHIBIT "A" P~[
~6str~
~ty :Dee
~ de6~l
booed
marker .~n~ 'the','b'eqinnin6'of~aj:C
C
and alona:~ald curve to Lhe 'riqht
3:~sec.anh.~a' radius of 1],37~:1~ ft. for an nrc d'stance
rtqht of way~arker.
right of way;~arker
)hr of way'm~rker.
te rtqhC nf w&v mArker.~
set.
riQht of w~y marker.
~e~t right of way marker..S~:ld
point, bears South,ggi~d
',~way aion~ ~he,arc of.~~
said
remnants of an es~ahllshed fence
~Nort on pi'n'. [:from which a 6" bols d arc COrner post
to a )" lr°ni~ he' .,.r.a~t'?'i :e established fence line 334.80 ft.
Page 36'4 of~.{ ;'West linelof a 170.455Y acre
;deg 12mtn unty'.Oeed,Records from 6" tract described in Volnme g67
'5 · which a hois ~ arc Corner post. bears South
;t.'i);, 4dft:
)n'establish&~ East, wi{h the West line of the said tract ~enerally 'alonq
' le;]a;~dtStadce, of 155.3~ ft. to a 3/4" iron pin found in the center
line of a :om, which a 3/4" iron pin found hears North la deg 43
'6.31 ft
THENCE,.S~,U~~ . mia 55.sec East,
to;. p6tntj ~C:} ~:7~,: al, Peg c.nter line of said
~ENC:E;'.}n a.~ :': ]:~: i- road a al,stance of 1,.ql ft.
,e of a 22,1 ec.ttoi;q~enera ly alpo, 'an ~-- '.~ -
.... .~l.;:r?ad~claimed hy Jim ;Ihite as h [dE ~ce line and alonq;the East
SOUTH. O0 -r :, J~.q9 ft to anai~ ~ - · ':
SOUTH O0 ,ecstasy, 4g~;81 ft. to anai; ~.~.~Uls.d.arc post. , :
cast, 289 17 ft to a "o -' .~,t,e a ools d arc p.st ·
THENCE?So t
:;in 'Volume 37 ~c;'Welt, With the No~th lin. of a ~*~ -. .
the'Denton County Deed Records, genera~''/~ acre tract recorded
line )lv along an established
abo ' pi'n:found at..lO.'44 ft.. said Pla'being the Sonth~est corner
t descrlhed in Volume 967 Page 364 of Dento'n, County
''-,: q ~.' "~.:::; 5'3R';SR ft. to a 3/8" iron pin found under fence.'
Ya~SCE so. '.
'generally '~t", ~ith the North line of said 227.71 acre .tract and
beside a Come e 580.25 ft. to a 3/4" galvanized iron pipe fo nd
' THENCE' ~Soul ,~,
generally wi~h the West ltn~ uf said 2~7./1 acre tract
'Co~ne~.' line ~4/8.59 ft. to a (,, iron pin set beside ~ hois d arc
~Sou
)~t, generally an established fence line 1276.11 ft. tn
way ,line of the St. I. ouis, San Francisco and Texas
. ; .~.~ .., the left from which the red(us point h~ars North
THENCE tn a
],eft havein~ said right of way along the arc of said Curve to.the
arc' dtstanc mtn 46 sec'and,a radius df ~9~4.q? ft.
THENCE,'. Nor ·
beginning:c( with said right of way I)R8 73 ft,,,
EXHIBIT "B"
Including a tract of land comprising the Right of
Way of the St. Louis and San Francisco Railroad
beginning at the intersection of a line five (5)
feet south of the centerline of Texas State Highway
121 and the St. Louis and San Francisco Railroad,
and encompassing the full width of the railroad
right of way, and extending in a southerly
direction along the full width of the railroad
right of way a distance of 1,188.77 feet.
E>~HIBIT · "C"
SERVICE PLAN
A tract of land, being approximately 127 acres in area,
generally located east of, and including the Burlington
Northern Railroad, and abutting the southern right of
way of State Highway 121.
In accordance with 970A Section 10B V.A.C.S., the following
is a statement of governmental service that must be provided
in s~xty (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,~.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.
City Secretary
Colony
5576
N.
Blvd.
The Colony, Texas 75056
01- TPJ(AS COUNTY OI~ I)gzx,oh
COUNTY CLERK, l]ent,~n County, Texas
FEB 1 81996