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HomeMy WebLinkAboutOrdinance No. 429 THE CITY' OF THE COLONY, TEXAS ORDINANcE'NO. ~ AN ORDINANCE ANNEXING "AD3ACENT 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 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. a~t. 970 (a), as amended, and Section 1.04 of Chapter I 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 inc.orporated herein for all purposes; and, WHEREAS, the City is a duly constituted Home Rule City.pursuant to Tex. Rev. Civ. Stat. Ann. art 1165 et seq, as amended~ and, WHERE~S, 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 2ndday of June, 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 2nd nay of June,.. 1986 at City Halls 5576 North Colony Boulevard~ The Colonys Texas; ands WHEREAS~ the public hearings were conducted and held not more than forty (t~0) days nor less than twenty (20) days prior to the institution of annexation proceedings; ands WHER.EAS, notice of public hearings~ which notice included in its entirety City of The Colony Ordinance Number 421, calling the public hearings, was published in a newspaper oi general circulation in the City of The Colgny' 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 Ci{Y limits of the City of The Colony and not within the boundaries of any other 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 t~ue 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~ Texass and same is hereby made an integral part hereof. Section 3. The service plan submitted tn accordance with th'e ... M'unicipai 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 o~ 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 o~ The Colony, Texas. , Section 6. That the Mayor is hereby directed and authorized to: perform or cause to be performed ali 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 g. That the Mayor is hereby directed and authorized to file a certified copy of this Ordinance m 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 iiie§al, invalid or unconstitutional or if any pprtion 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 of any other Ordinance of the City of The. Colony, Texas. Th~ .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 zo 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, .;~i!'.5.. morals, peace and general-welfare o£ the inhabitants o~ the City of The Colony, Texas, "' .. creates an emergency for the immediate preservation of the. public business, property,.. . health, safety and genera! welfare of the public which requires that this Ordinance shall become effective from and after the date of passa§e and it is accordingly, so ordained, . Az~YD AND ~P~ROV.~ by the City Council of .the City of The' Colony, Texas, 'this? 'day of~;~.~-C~. _.- , 1986. ' ATTEST: .Patti' JoneS, ~ary '[SEALI .APP'ROVED AS TO FORM: City Attorney SERVICE PLAN A tract of land generally located west of the corporate limits of the City of The Colony and north of Stewarts Creek Park, known as the Beach and Tennis Club. 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-hMf 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 subdivided and platted as a private residential use, but has few year round 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 facilites on the land and all roads are private. 5. No capital improvements, i.e., streets, fire station, etc. are needed unless the roads are dedicated to the City. 6. Water and sewer service presently is not provided by the City. EXHIBIT "B" STATE OF.TEXAS, COUNTY OF DENTON .- WHEREAS, 1, LYNN L. NORTHRUP, JR., am the owner of a tract of 8.56 acres of land in the RICHARD G. DUNLAP SURVEY ABST. NO. 352 Dento~ County, Texas; and consisting of a 1.63 Acre tract, a 5.76 acre tract, a 0.90 acre tract and a 0.27 acre tract as conveyed to said Lynn L. Northrup Jr. by deeds recorded in the Deed Records of Denton County, Texas; and said 8.56 acre tract being more particulary described as follows: BEGINNING at the Southeast corner of the said 5.76 acre tract, a point in the East line of 36 ft. wide County Road, said beginning point also being the Southeast corner of a 50.56 acre tract described in deed to O.N. Seagraves recorded in Vol. 304 pg. 519 DRDCT; THENCE South 0° 23' 30" East, along the East line of said County Road, 40.0 ft to the Southeast corner of said 0.90 acre tract; THENCE South 88°33, West 975.0 ft. to the Southwest corner of said 0~90 acre tract; THENCE North 0'23'30" West 40.01 ft to the Northwest corner of saidO.90 Acre tract, a point in the South line of said 5.76 acre tract; THENCE South 88'33~ West 269.93 ft. to the Southwest corner of said 0.27 Acre tract, a concrete marker (marked G-606-1); THENCE in a general Northeasterly direction, along theSoutheasterly lines of the Garza Reservoir, as follows: 1st. North 26' 57' East329.42 ft concrete marker numbered G-608-3; 2nd. South 82° 12' East 405.1 ft. to a point; 3rd. North 23'59' West 242.4 ft; 4th. North 65°58' East 190.7 ft; 5th. South 34°16' East 413.1 ft; 6th. South 82° 12' East 203.2 ft; 7th. North 41°48'East 273.1 ft to a concrete marker numbered G-609-8, a point in the said East line of a County Road; THENCE South 0'23'30" East, along the East line of saidCounty Road, 340.91 ft to the point of beginning and containing 8.56 acres of land. Iron rods at all corners unless otherwise noted.