HomeMy WebLinkAboutOrdinance No. 618 ~EALP~?~ET~EECORDS
CITY OF THE COLONY~ TE×AS
ORDINANCE NO.
AN ORDINANCE AI~'EXI~G ADOACENT AND CONTIGUOUS
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 ~-} ~
appropriate department of the City and was made availabl~ £cr
inspection and explained at the public hearings conducted ~s
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.~C~¥&/~
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,
W~EREAS, 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 herecf.
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 amende~
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 City Council of the City of
The Colony, Texas, this llth day of December , 1989.
Don AmOk, Mayo~ -'?-' t--"
~'-~,.~%.~'~icks, City Secretar
~~ AS TO FORM:
City Attorney
SERVICE PLAN QUTLINM .. '.~ ::
' 1. City to pay for Eastvale sewer line. ' ' ~ :' '~' ~' ~J
i ~' Deve.lo~gr ~O~ ~i:nsula ~
- pays for oversizing according to · C~y ~ ~Or~ance~
~ requirements. .
~. 2. Municipal Utility District ~ ~ ~re~ted fqr'~9~i~;purp~e ~o
finance sewer, water and d i g nfrastrue'~e to serve
property in the District, including lake crossing storage
tanks and pump static'ns.
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.
CRRTI[IC~TE 0[ CORRECTION
ANNEXATION ORDINANCE NO. 618~ EXHIBIT
As recorded in Volume 2704, pages
202 through 207, on December 28,
1989; Real Property Records, Denton
County~Texas.
That Exhibit "A" of the instrument be amended by adding correct
metes and bounds as Exhibit "A" (1). (Attached to this
certificate)
This certificate is recorded for the purpose of changing this
instrument.
Bob van Ti1
City of The Colony, Texas
STATE OF TEXAS
COUNTY OF DENTON
Before me the undersigned, a Notary Public in and for said County
and State, on this day personally appeared BOB VAN TIL, known to me
to be the person whose name is subscribed to the foregoing
instrument and acknowledged to me that he executed the same for
purposes and consideration therein expressed and in the capacity
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this ~day of ~
1991. ,
· pATI*I A HICKS
,i~.i~':i NOTARY pUBLIC
:,,~ State of Texas
.:.?,
~ELD N~S ~SC~O~ FOR ~ ~2,~'A ~CT OF ~ O~ O~
~N~, u~n, over a~ scrotum maid 648.695 acre trmc:~ N.87'37~21~., ~ft. to m
g'52'~l'50~g', ~ft. to a ~int in t~ south line of
~e~t G-626-7. ~2~20 ft. to U. * a ..... t~t~ 8.21
~]60-l~t.' to i fence corner in the south li.e of said B,B.R. & C.g.R, Co. Sureey~
182.79 acre tract,~c, to~a fence core, er angle; a~ S,88eXX*~"E,~ vith the south
N.32'5~'46~.~. to U,S.A. Non~eut - · _ft. to U.S,A, Non~ent C~08-81
S.20'IO'20'E.,_e~.~ 33_ft. to a fencs a~le~et;
S.~')O')3~.,~ft. to U.S.A. ~on~ent C~03-2-1; ~,7g~4~,13.~.,
fence, 699.58 ~. to U,S,A, H~ent
g. 46'30'24' ~,. 700.~ 1~ ..... r 8'22'16 '55"B', ~5'~ Yt. to
te~e, ~.~' /e. ~,[L'.'°..u'o'A' ~n~ent 0-603-11t S.86'46~lO'w. -- i?n pin;
.... ?Lf~, to U.S.A. MOm~ent G~03-19, N 7~';2~' uc_}~ W., ~lO~ a~ .ear a fence.
,:? 012970 ? 2 EXHIBI~ A (]) .
/,, page 2
.together With all of the oil, 9as and ..sulphur (without right of
STATE OF TE~, record~ i. ~,-~ ,~-~ ~ ~ne ~oo~Ty OF D~TON,
Denton County Tew-~ ./~.,~"~'~'L ~uu, ~age 323, De~d Record~ of
o. 2 of the Garza-Llttle Elm Dam
and ~se~oir Denton County ~nd Relocations as sh~n
a pl=t of sa~d road on record I, the Cou,ty
~:nO~t~i~on County, Texas, said .tr~p of land lyl,,
n 43.69.5 and Station 53 + 73 on said Base
line, described as
BEGI~ING ~n th~ North line of sa~d BBB & CRR
Sudsy in the Center of an existing East and Nest road at
the Northwest corner of said 11~.989 acre tractl
THENCE South at 12.5 feet pas~ Sra. 43 4. 69.~ and
cont~nulng 40 feet, 52,5 fee~ in all to a stake on the
West line of said 11S.989 acre tractl
THENCE N 89 deg. 49' E. 40 feet South of
parallel to said ba~e line 101~.7 feet to a ~take in
: We~t li~e of U.S.A. Tract G-626~
TBENCE N. 21 deg. 08' W, along said U.S.A. line at
42.79 feet pas~ base line Sra. 53+73, 56 feet In all to a
point ~n the North line of said 115.989 acre tract tn the
center of an existing
TH~CE along the North line of said tract in the
center of sal~ road S. 89 deg. 49' W. ~093 feet to the
place of beginning, containing 1.22 acres of la~d, more
· , or less, in all, of which there is 0.2~ acre ~n the
pre~ent road and 0.93 acre new right-of-way.
/. ~ '
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