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HomeMy WebLinkAboutOrdinance No. 534 CITY OF THE COLONY, O INANCE NO./ AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF THE COLONY, TEXAS; FINDING THAT ~rJ. 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 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, WHEREAS, 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, WHEREAS, two separate public hearings were conducted in accordance with Section 6 of the Municipal Annexation Act, the first being held at 6:45 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, WHEREAS, 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.528 calling the public hearings, was published in a newspaper of genera] circulation in the City of The Colony and in the territory proposed to be annexed by publication, at ]east 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 al/ 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 APPRO~.~ by the City CouDcil the City of The Colony, Texas, this /~ day of ~ of, 1988. Don~Amick, Mayor ~ , City ~ecretary City Attorney BEING a tract of land situated in the-Samuel B. Evans Survey, Abstract No. 397, the David Andrews Survey, Abstract No. 18, and the Benjamin Schoonover Survey, Abstract No~ 1208, in Denton County, Texas, and being more particularly described as follows: COMMENCING at a point in the south rigbt-of-way line of F.M. Highway 544 said point being in the most westerly line of the Samuel B. Evans Survey; THENCE North 01°55'00'' West along said line of Evans Survey for a distance of 1,443.57 feet to a point; THENCE leaving sald Survey line, North 78°45'15" East a distance of 157.00 feet; THENCE North 60050'35" East a distance of 71.84 feet to a point; THENCE North 72048'05" East a distance of 389.77 feet to a point on the centerltne of a future East/West thoroughfare, said point being the point of curvature for a curve to the left having a radius of 2,400.00 feet; THENCE northeasterly along said centerllne with said curve to the left, through a central angle of 28040'42" for an arc distance of 1,201.28 feet to the point of tangency; THENCE continuing along said centerllne, North 44007'23" East a distance of 508.28 feet to the point of curvature for a curve to the right having a radius of 2,000.00 feet; THENCE northeasterly continuing along said centerline with said curve to the right through a central angle of 45002'40, for an arc distance of 1,572.35 feet to the point of tang~ncy; THENCE continuing along said centerllne, North 89010'03" East a distance of 300.00 feet to a point at the intersection with the centerllne of a future North/South thoroughfare; THENCE leaving said East/West centerline and along said North/South centerline North 00°49'$7" West for a distance of 150.00 feet to the point of curvature for a curve to the right having a radius of 2,500.00 feet; THENCE northeasterly continuing along said North/South centerltne with said curve to the right through a central angle of 04°35'19" for an arc distance of 200.21 feet to the POINT OF BEGINNING of the herein described tract of land; THENCE North 01048, East a distance of 700.00 feet to a polnt~ THENCE North 88047, East a distance of 2100.00 feet to a point in the westerly right-of-way line of the St. Louis and San Francisco Railroad; THENCE following the westerly right-of-way line of said St. Louis and San Francisco Railroad, South 06004'55" West a distance of 718.79 feet to a point; THENCE departing the westerly right-of-way line of said St. Louis and San Francisco Railroad South 89010'03" West a distance of 2045.55 feet to the POINT OF BEGINNING and CONTAINING 33.60 acres of land more or less. 9132.00 PR2/88/DI-029 EXI:IIBI T "AT SERVICE PLAN A tract of land being approximately 33.60 acres situated in the Samuel B. Evans Survey, Abstract No. 397, the David Andrews Survey, Abstract No. 18, and the Benjamin Schoonover Survey, Abstract No. 1208, in Denton County, Texas, and being generally located in the southern portion of the City, bounded on the north and west by the existing city limits of The Colony, and on the south by the City of Hebron, and on the east by the St. Louis and San Francisco Railroad. 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 can be provided upon request. EXHIBIT "~"