HomeMy WebLinkAboutOrdinance No. 871 OI IGINAL
CITY OF THE COLONY, TEXAS
ORDINANCE NO. ~ ~ [ {~O~).~l.
AN ORDINANCE ANNEXING ADJACENT AN CONTIGUOUS
TERRITORY TO THE CITY OF THE COLONY, TEXAS; FINDING
THAT /~lJ. NECESSARY AND REQUIRED LEGAL CONDmONS
HAVE BEEN SATISFIED; PROVIDING THAT SUCH AREA SHALL
BECOME A PART OF THE CITY AND THAT THE OWNERS AND
INHABITANTS THEREOF SHAIJ. BE ENTITLED TO THE RIGHT
AND PRIVILEGES OF OTHER cmZENS AND BE BOUND BY THE
ACTS AND ORDINANCES NOW IN EFFECT AND TO BE HEREAFTER
ADOPTED; PROVIDING FOR AMENDING AND CORRECTING THE
OFFICIAL BOUNDARIES OF THE C ~I~' AS HERETOFORE ADOPTED;
PROVIDING A SEVERABll .ITY CLAUSE; PROVIDING AN EFFECTIVE
DATE AND DECLARING AN EMERGENCY
WHEREAS, the City Council of the City of The Colony, Texas (the "City"), pursuant
to Section 43.052 of the Local Government code, 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. 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
43.052 of the Local Government Code, the first being held at 7:30 p.m. on the 5th day of
December, 1994, at City Hall, 5151 North Colony Boulevard, The Colony, Texas and the
second hearing being held at 7:30 p.m. on the 12th day of December, 1994, at City Hall,
5151 North Colony Boulevard, The Colony, Texas; and
WHEREAS, the public hearings were conducted and held not more than forty (40)
days nor less than 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 Resolution Number 94-34 calling the public hearings, was published in a
newspaper of general circulation in the City of The Colony, and in the territory proposed
Lake Annexation - Phase II
to be annexed by publication at least once in said newspaper not more than twenty (20) days
nor less than ten (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 on the tax roll of the City of The Colony where the right of way
is located within the territory to be annexed; and
WHEREAS, the property to be annexed is contiguous and adjacent to the City limits
of the City of 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
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 "B".
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 of The Colony, Texas,
heretofore adopted and amended be and is hereby amended so as to include the
aforementioned territory as part of the City of the Colon~v, 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 of The Colony, Texas
to add the territory hereby annexed an required by law.
Section 7. That this ordinance shall become effective after the date of 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, phrase or word of this ordinance be found
Lake Annexation - Phase H
illegal, invalid or unconstitutional or if any portion of said property is incapable of being
annexed by the City of The Colony, Texas, for any reason whatsoever, the adjudication shall
not affect any other section, sentence, phrase, word or provision of this ordinance or the
application of any other section sentence, phrase, word, paragraph or provision to any other
person, situation or circumstances, not shall such adjudication affect any other section'
sentence, phrase, word, paragraph or provision of any other ordinances of the City of The
Colony, Texas. The City Council declares that it would have adopted 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 of the
~.olony, Texas, are inadequate to properly safeguard the health, safety, morals, peace, and
general welfare of the inhabitants of the City of The Colony, Texas, 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 become effective from and after the
date of its passage and it is accordingly so ordained.
.~SSED AND APPROVED by the city of The Colony, Texas on this the ~)7'7'~_
day o~~.~ 1995.
william W. Manning, Mayor ~
ATTEST:
Patti A. Hicks, TRMC, City Secretary
APPR/~O~,qCD AS TO FORM: / /
Pert(Eckert, City Attorney
Lake Annexation - Phase II
B~ING a ~act o£ land ~it~at~cl in ~e gollowt.nq Sul-'~eys ~ Denton
(1) B.B.B.& C.R.R. Co. S~, ~rac~ No. 179,
(2) B.B.B.& C.R.;. CO. S~ey, ~s~ac~ No. 182,
(3) B.B.B.~ C.~.E. Co. S~, ~s~a~ No. 170,
(4) W.~. Cl~k ~y, ~s~ ~o. 317,
(5) F.M. Grace S~y, ~s~a~ No. 469,
(6) G.W. Gra~ ~, ~a~ No. 490,
(7) Willi~ ~v~g ~ey, ~rac= No. 74~,
(8) A. King ~y, ~a~ No. 70~,
(10) J.H. Pe~ S~ey, ~ No. 1058,
(11~ C.C. King ~ey, ~s~a~ NO. 720,
and being ~re ~=i~larly des~i~d a~ follows:
~EGI~ING a~ ~ in=erior sou~west corner of an ~-tion
Ci=~ of ~e Colony ~ described ~ Ordinance No. ~9, da~ed
Nov~ 2, 19S5, said point being on ~e east line o~
~strac= No. 179 and wes= line of ~stra~ No. 171;
~CE Sou~ along ~e wes~ line of said ~a~ion 0~in~ce No.
379, ~ssing a~ 378 fee= ~e sou~wes~ corn~ of said ~a=ion
describ~ ~ O~inan~ ~o 379 ~d the no~we~ co,er of
~exa=ion of ~e Ci=y of ~e Colony descri~ by Ordinance No. 275
as fil~ in Vol~e 1357, Page 62 of ~e ~ R~ords of
Co~y, T~as (D~) and con=inuing along ~e wes= l~e of said
Ordinance No. 275 at to~l dis~ce of 6~5.2 feet to a ~= at
Flo~ ConSol PooZ Elevation of 529 feet N~
T~ WeSt~ly along ~e m~d~ of said 529 foot pool
and ~e sou~ side of Hac~ ~k approw~=e~y 21,~63 fee= ~o
a ~int on a no~es~rly e~ of ~ew~ P~nsula;
a po~ on ~e said 529 foot elevation wi~ ~e sou~ ~da~
L~e Lewisville S=a=e Par~ (fo~rly Hac~r~ Park);
ele~=ion ~ ~e sou~ly and west~ly ~t of said
~wisville S~a=e Park, approxi~tely 25,425 feet to a po~t on ~e
~s~ no~ly no~ l~e of ~id ~e ~wisville S~te Park, said
point ~i~ Sou~ s9 d~. 42 ~. Eas~, 364.05 feet fr~ Mon~en=
R-18;
~ along ~e ~o~ ~d cas= lines of said ~e ~wisville S~a~e
P~k as
Sou~ 89 d~. 42 min. ~s=, 1085.6~ ~ee~ ~o a co,er
a~ Non~en~
S~ 0 deg. ~ mi~. West, 13~0.6 fee= ~o a co~er located at
Mon~ent R-16;
Sou~ 89 d~. 29 m~. ~st, 2595.~ fee~ ~o a co~ loca=ed
No~ ~4 d~. ~2 min. ~s~, 40~ fee= =o a co,er located
~on~en= E-401-2-~12;
Nor~ 54 deg. 16 ~in. ~s=, 86~.0 feet to a co~ lo,ted at
Sou=h 9 deg. 05 ~. We~=, 430.0 fee~ to a corner loca=ed a~
South 70 deg. 29 ~n. ;'st, 800.0 fee~ to a
~o~J]~Jlt E-401-2-~9;
So~th 27 dego 02 ~. We~t, 747.5 feet to a co~ner
~ ~-40Z-2-~8;
S~ 35 d~. 17 ~in. W~, 766.2 ~e~ ~o a co~e~ loca~
Sou~ 6S d~. S~ ]~. West, 632.0 ff~ ~o a co~
S~ 72 ~. 15 m~. ~.~, 443.23 ~ee~ ~ ~ Co~e~
~n~ ~-401-2-~5;
~o=~ 56 deq. 10 ~. ~, 260.12 ~ee~ ~o a co~ located
Honmnt
N~ 86 d~. O~ m~. ~, 341.90 ~le~ ~0 ~e ~s~ soundly
no--st co,er of said ~e ~wisville S~a=e Park;
~CE S~ 0 d~. 1] ~n. WeSC, pass~nq a= 340.5
13, a ~1 dis~ of 624.0 ~ee~ ~ ~ ~ ~29 foot Pool
'~ easily II~ ~l ~ of laid 529 fo~ ~1 elevation
~d ~e ~ aide of ~a~ ~ a dts~ce of 5,~42 fee~ ~o
a ~in~ on ~e ~l~ west li~ of ~-~a=ion ~ NO. 379;
'a~CE al~g ~e laid ~s~ l~e of ~=ion o~in~ce
S~ 7 ~. 5g ~n. 33 s~. ~st, 737.32
~ 46 d~. 35 min. 04 sec. Wes=, 1071 feet;
S~ 78 d~. 57 ~in. 04 ~. Eaa=, 676 f~ =o ~e P~CE OF
~G ~ con~i~ 1,136.4 a~es of l~d, mo~ or leas.
In accor~u-ce with 970a Sect/on 10B, V.A. GS, the following is a smmment of governmental
service that nmst be provided in sixW (60) d~s and capit~l improvements that must be
prov/ded in ~vo and one-h~l~ (2 1/2) years.
1. Ambulance and F/re serv/ce can be provided immed/ately. This land is presently
rur~ and ~ f~v i~h~hitants.
2. The Pol/ce Departmenz will review ~r~mediately the provision of a new ciistr/cr which
will provide for pau'ol of th~_~ area based upon need.
3. Waste collec~ion can be provided upon request by waste collection provider.
4. Road and park m~nten~nce can be m~nmJ~ed. No Public roads will be located on
$. No capital improvements, i.e, su'eets, fire station, etc. ate needed.
6. Water and sewer service m-y be provided in accordance with current city policies.
After filing please return to:
City Secretary
City of The Colony
5151 N. Colony Blvd
The Colony TX 75056
FE~ 17 1995
Filed 'For Record
DEN'ION COUNFY. TX
HONORAE(LE TIM' NODGES/COUNTY
CLERK
On Feb ~7 1995 1:05pm
Doc/Num .
Doc/~ ~ 9~-R0009951
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4538
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