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HomeMy WebLinkAboutOrdinance No. 535 CITY OF THE COLONY, TEXAS O INANCE NO. mJ O-- ~ ORDIN~CE ~INEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF THE COLONY, TEXAS~ FINDING THAT ALL NECESSARY AND RE~UII~D LEGAL CONDITIONS HAVE BEEN SATISFIED PROVIDING THAT SUCH AREA SHALL BECOME A PART OF THE CITY AND THAT THE OWNERS ~NU INHABITANTS THEREOF SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BE BOUND BY THE ACTS AND ORDINANCES NbW IN EFFECT AND TO BE HEREINAFTER 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. art. 970a, 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, W~EREAS, the City is a duly constituted Home Rule City pursuant to Tex. Rev. Civ. Stat Ann 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, Wq{EREAS, 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 21st day of March, 1988, 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 21st day of March, 1988 at City Hall, 5151 North Colony Boulevard, The Colony, Texas; and, WqfEREAS, the public hearings were conducted and held no more than forty (40) days nor less that 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 No.529 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 (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 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 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 Ordinance, made a part hereof and attached hereto as Exhibit 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, 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 to add the territory hereby annexed as required by law. Section 7. That this Ordinance shall become effective after 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 , 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. 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 are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City, 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 passage and it is accordingly so ordained. PASSED AND APPROVED by the Ci~.. Council The Colony, Texas, this /~ day of ~?..~..~ of the City of , 1988. AT City--Attorney EXHIBIT A BEING a certain tract of land located in Denton County, Texas also being a portion of the A. Singleton Survey, Abstract No. 1138, the H. Hedgecox Survey, Abstract No. 533 and the T. Wilson Survey, Abstract No. 1352 and being more particularly described as follows: COMMENCING at the southernmost portion of a corner clip at the intersection of the west right-of-way line of FM 423 ( a variable width right-of-way) and the north right-of-way of S.H. !21 (a variable width right-of-way); THENCE along the north right-of-way of S.H. 121 the following calls: South 61° 16' 18" West a distance of 881.62 feet to a point; South 75° 58' 35" West a distance of 3.67 feet to a point; North 80° 21' 20" West a distance of 78.77 feet to a point; South 63° 21' 19" West a distance of 103.30 feet to a point; South 31° 07' 27" West a distance of 121.31 feet to a Point; South 61°.18' 07" West a distance of 306.75 feet to a point; South 89° 34' 00" West, a distance of 145.92 feet to a point; South 07° 58' 17" East. 'a distance of 73.88 feet to a point; South 61° 18' 07" West, a distance of 600.00 feet to a point; South 57° 00' 46" West, a distance of 200.56 feet to a point; -~ South 61° 18' 07" West, a distance of 1795.02 feet to the POINT OF BEGINNING, said point also being at the intersection of the east line of the City of Lewisville Corporate Boundary as recorded in City of Lewisville Annexation Ordinance No. 1066A and said S.H. 121 north right-of-way line; THENCE North O0° 05' 23" West, departing said S.H. 121 right-of-way and along said City of Lewisville Corporate Boundary at a distance of 1,315.34 feet pass a point and continuing in all a distance of 3,966.46 feet to a point; THENCE North 02° 02' 06" West, along s~a~d City of Lewisville Corporate Boundary a distance of 334.06 feet to a point; THENCE North O0° 34' 35" West, continui'ng along said City of Lewisville Corporate Boundary a distance of 888.58 feet to a point; THENCE North O0° 33' 12" East, continuing along said City of Lewisville Corporate Boundary a distance of 482.69 feet to a point for corner, said point being in the south line of Tract Number B-199 of the Garza-Little Elm Reservoir and also being United States Corps of Engineers Monument Number B-199-1 and also being south approximately 326.80 feet from the common northerly corner of the aforementioned T. Wilson Survey and the McKinney & Williams Survey, Abstract No. 938; THENCE South 81' 24~ 56" East, departing said City of Lewisville Corporate Boundary, along the south line of said Garza-Little Elm Reservoir Tract Number B-199 a distance of 189.25 feet to a point for corner, said point being North 81' 24~ 56" West, a distance of 138.67 feet from United States Corps of Engineers Monument Number B-199-2, said point also being in the west line of Tract 3 of the City of The Colony Corporate Boundary as recorded in City of The Colony Annexation Ordinance No. 27; THENCE South O0° 06' 11" East, departing said south line Of said Tract Number B-199 of the Garza-Little Elm Reservoir and continuing along the west line of said City of The Colony Corporate Boundary for a distance of 5,547.60 feet to a point in the north right-of-way line of S.H. 121 (a variable width right-of-way); THENCE South 61° 18~ 07" West, along said north right-of-way line of S.H. 121 a distance of 199.23 feet to the POINT OF BEGINNING and containing 22.968 acres (1,000,489 sq. ft.) of land, more or less. TM;sz;TM79 1705-01 DANNENBAUM ENGINEERING CORPORATION Consulting Engineers SERVICE PLAN A tract of land being approximately 22.968 acres situated in the A. Singleton Survey, Abstract No. 1138, the H. Hedgecox Survey, Abstract No. 533, and the T. Wilson Survey, Abstract No. 1352, in Den~tonl C~nty, Texas, and being generally located in the sou~hW~s~-~ortion of the City, bounded on the west by the city limits of the City of Lewisville, and on the north, east and south by the existing city limits of The Colony. 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. i. 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 can be provided upon request. EXHIBIT ".~'