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HomeMy WebLinkAboutOrdinance No. 619 .... ,~LFR~?ER~REOORDS · CITY OF THE COLONY, TEXAS ORDINANCE NO. AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS ~7~0~ 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 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 t1~-, appropriate department of the City and was made available <:~r inspection and explained at the public hearings conduct¢] 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 6:30 p.m. on the 20th day of November, 1989, at City Hall, 5151 North Colony Boulevard, The Colony, Texas; and the second hearing being held at 7:30 p.m. on the 20th day of November, 1989 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.~;~ 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 necess:~ry 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 City Council of the City of The Colony, Texas, this llth day of December , 1989. Don A~i-ck, May%fr "'!'~'~i~i'~ ~Secretary City Attorney EXHIBIT "A" VOL 2 ] g ~: P6~ ':: ~ .) · EXHIBIT "B" SERVICE PLAN 0UTLIN~ . ., 1. City to pay for Eastvale sewer line DeveloPer of.'~e~in~la '~ pays for oversizing according to city Qrdi~.amce .~ requirements. _ .,,. ~ 2. Municipal Utility District to be created for3s~6~ purpose to finance sewer, water and drainage infrastr~ct~e~'to s~rve property in the District, including lake crossing storage tanks and pump stations. 3. .Additional impact fees to be approved by District to reimburse District for infrastructure costs. 4. District to serve only owners of property within its limits. 5. Drainage and utility easements to be approved across city- leased or city-owned property.