HomeMy WebLinkAboutOrdinance No. 204 AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, ANNEXING THE
HEREINAFTER DESCRIBED TERRITORY TO THE CITY OF THE COLONY, TEXAS,
AND EXTENDING THE BOUNDARY LINES OF SAID CITY SO AS TO INCLUDE SAID
HEREINAFTER DESCRIBED TERRITORY WITHIN SAID CITY LIMITS; GRANTING TO
ALL INHABITANTS AND OWNERS OF PROPERTY ALL OF THE RIGHTS AND
PRIVILEGES OF OTHER CITIZENS AND BINDING THE INHABITANTS BY ALL THE
ACTS, ORDINANCES AND REGULATIONS OF SAID CITY; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WIiERI~A~, after development and presentation of a service plan for the
hereinafter described property and after holding the public hearings required under the
provisions of Article 970a of the Revised Civil Statutes of the State of Texas; and,
WHEREA~, the following described territory is land adjoining the present City
limits of the City of The Colony, and the members of the City Council of the City
of The Colony have concluded that said area should be annexed and made a part of
the City of The Colony, Texas, NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY,
TEXAS:
SECTION 1.
That the following described territory be, and the same is hereby, annexed to
the City of The Colony, Texas, and the boundary limits of the City of The Colony
be, and the same are hereby, extended to include the following described territory
within the City limits, and the same hereafter shall be included within the territorial
limits of said city, and the inhabitants thereof hereafter shall be entitled to all rights,
privileges and responsibilities of citizens of the City and shall be bound by the acts,
ordinances, resolutions and regulations of the City.
SECTION 2.
That the territory annexed hereby is more particularly described in Exhibit "A"
attached hereto and made a part hereof for all purp(~es. That upon passage hereof,
the boundary limits of the City shall thereafter be as fixed in all previous annexation
ordinances plus the additional territory annexed hereby, and hereafter the same shall
be a part of the City of The Colony and the property situated therein shall bear its
pro rata part of the taxes levied by the City.
SECTION 3.
That the approved service plan is attached hereto as Exhibit "B" and is approved
as a part hereof.
SECTION 4.
That it is not the intention of the City of The Colony to annex any territory
not legally subject to being annexed by said City, and should any portion of the territory
described in Exhibit "A" not be subject to legal annexation by the City of The Colony,
such fact will not prevent the City from annexing said territory which is described
therein and is subject to legal annexation, it being the intention of the City to annex
only such territory as may be legally annexed by it within the limits of such area.
SECTION 5.
This ordinance shall take effect immediately from and after its passage as the
law and charter in such cases provide.
DULY PAS~ED by the City Council of the City of The Colony, Texas, on the
APPRO~
/ MAYOR
ATTEST:/~
/~-t~ROVED AS TO FORM:
CITY ATTORNEY
EXHIBIT "A"
AU that certain lot, tract, or parcel of land lying and being situated in
the County of Denton, State of Texas, and being all of a called 236.31
acre tract as conveyed by deed dated September 25, 1968, from Anlaco,
Inc., a Delaware Corporation, to William M. McCarthy, as shown of record
in Volume 574, Page 404, of the Deed Records of Denton County, Texas;
being out of the BBB & CRR Company Survey, Abstract No. 174 and the
MDT Hallmark Survey, Abstract No. 570, and being more particularly
described as follows:
BEGINNING at a steel pin in the approximate centerline interception point
of a public road running North whose width is 40 feet at this point, with
a public road running East, and being the Southwest Corner of the William
M. McCarthy tract;
THENCE North, 00 degrees, 37 minutes, 00 seconds West, along the West
Boundary Line of said BBB & CRR Company Survey, 1259.79 feet, to a
steel pin for corner, and being in the Southerly Right-of-Way Line of
Texas State Highway No. 121;
THENCE North 88 degrees, 58 minutes, 00 seconds East, 14.00 feet, to
a fence corner post for corner in said Texas State Highway No. 121;
THENCE North, 30 degrees, 09 minutes, 00 seconds East, along fenceline,
184.12 feet, to a Texas State Highway concrete monument, for corner;
THENCE North, 57 degrees, 53 minutes, 00 seconds East, 584.4 feet, to
a steel pin for angle in the Southeasterly Right-of-Way Line of Texas
State Highway No. 121; said steel pin being 60 feet from, and at right
angles to, the centerline of said highway;
THENCE North, 60 degrees, 47 minutes, 00 seconds East, along the
Southeasterly Right-of-Way Line of said highway, 1229.9 feet, to a steel
pin for corner;
THENCE North, 89 degrees, 51 minutes, 28 seconds East, along fenceline,
3171.59 feet to a steel pin and railroad crosstie fence corner post, for
the Northeast Corner of the William M. McCarthy tract, and being in the
West Boundary Line of the St. Louis, San Francisco, and Texas Railroad
Right-of-Way, and being 50 feet from, and at right angles to, the eenterline
of said railroad Right-of-Way;
THENCE South, 05 degrees, 55 minutes, 50 seconds West, along the West
Right-of-Way Line of said railroad, and being 50 feet from, and at right
angles to, the eenterline of said railroad Right-of-Way, 2750.93 feet, to
a steel pin for corner;
THENCE North, 83 degrees, 43 minutes West, along fenceline, 190.00
feet, to a steel pin and railroad erosstie fence corner post, for corner,
and being in the East Boundary Line of a North and South public road;
EXHIBIT "A" - Page 1
THENCE South, 01 degree, 07 minutes, 30 seconds East, 970.00 feet, to
a steel pin for corner, same being in the South Boundary Line of the
MDT Hallmark Survey, Abstract No. 570;
THENCE South, 88 degrees, 52 minutes, 30 seconds West, 30.00 feet, to
a steel pin for the Southwest Corner of the Willuam M. McCarthy tract
of land, same being the Southwest Corner of said Hallmark Survey;
THENCE North, 01 degree, 07 minutes, 30 seconds West, and passing at
1170 feet the Northwest Corner of said Hallmark Survey, and the most
Southern Southwest Corner of said BBB & CRR Company Survey, Abstract
No. 174; continuing on said course, a total distance of 1370.00 feet, to
a steel pin for corner, and being an inner el corner on said BBB & CRR
Company Survey, same being an inner el corner on said William M.
McCarthy tract;
THENCE South, 89 degrees, 42 minutes, 30 seconds West, along and near
the centerline of public road, 4322.00 feet, to point of beginning.
EXHIBIT "A' - Page 2
BEING a tract of land in the B.B.B. & C. Railroad Co. Survey, Abstract
Number 174, situated in Denton County, Texas, and being more particularly
described as follows:
BEGINNING at the intersection of the South corporate limit line of the
City of The Colony, Texas as established by Ordinance Number 49, TRACT
A with the Southeast right-of-way line of State Highway Number 121;
THENCE South 61o11,58', West along said Southeast right-of-way line of
State Highway Number 121, 565 feet, more or less, to a point on the
corporate limit line as established by Ordinance Number 27, TRACT 7~
THENCE North 28o48,02'' West along said corporate limit line, 120.0 feet
to a point on the Northwest right-of-way line of State Highway Number
121;
THENCE North 5°46,30,, West along the corporate limit line, 169.78 feet
to a point on the corporate limit line as established by Ordinance Number
49, TRACT A;
THENCE Easterly along said corporate limit line, 570 feet, more or less,
to the PLACE OF BEGINNING, and containing 1.9 acres of land, more
or less.
EXHIBIT "A" - Page 3
,MEMORANDUM
TO: Mayor and Members of the City Council
FROM: Dan Savage, City Manager
SUBJECT: Annexation Service Plan
DATE: March 18, 1982
IBM has approximately 236 acres of land south of the City limits of The
Colony which were disannexed from the Town of Hebron on March 1, 1982.
IBM requested this disannexation so that the land could be annexed into
the City of The Colony. The land to be annexed also includes a 1.9 acre
tract which includes a portion of the SH 121 right of way and a triangular
portion of the IBM property north of the SH 121 right of way.
In order to annex this property, the City must prepare a service plan.
The property to be annexed is currently used for agricultural purposes
and Robert H. Thomas, the attorney representing IBM locally, has advised
me that IBM will not ask for industrial zoning on this property in the
near future. At present, only one residence is located on this property.
Because of the agricultural use of the area to be annexed, it will be relatively
easy for the City to provide municipal services to the area. The following
services will be provided upon annexation:
1. Fire Protection: The area is presently served under the
City's contract with Denton County. Under this agreement, thc City's
Class A pumpers do not normally respond to fires in this area. Once
the property is annexed, the City would use any needed equipment to
fight fires in this area.
2. Police Protection: Once the area is annexed, the City
will provide regular police patrol of the area. Thc. City will also carry
out normal police investigations.
3. Sanitation: Under thc City's sanitation ordinance, all
residents must receive sanitation service. The City's sanitation franchise
holder will be required to provide sanitation service under the terms of
the contract, once the area is annexed.
4. Maintenance of Roads and Streets: Presently, Denton
County maintains the roads in the property to be annexed. The asphalt
portion of the road can be patched with hot or cold mix as needed by
City crews. The gravel portion of the road will have to be bladed regularly.
The City will work with Denton County to keep this road maintained in
the same condition as the County now maintains it.
5. Maintenance of Parks, Playgrounds, Swimming Pools, and
Other Public Facilities: The C~ty of The Colony does not prov~cle water
or wastewater services to its citizens. .Thc Colony Municipal Utility District
provides these services. The land in 'question is beyond the current boundary
of the M.U.D.
Annexa~ion Service Plan -2~
~, ', March 18, 1982
This service plan will provide the property owner with services at least
as good as those currently provided and with services which are typically
provided in agriculturally zoned areas in the City.
City ~anager