HomeMy WebLinkAboutOrdinance No. 952 CITY OF THE COLONY, TEXAS
ORDINANCE NO. ?,5.-%
AN ORDINANCE ANNEXING ADJACENT AN CONTIGUOUS
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 RIGHT AND PRIVILEGES
OF OTHER CITIZENS AND BE BOUND BY TITE ACTS AND
ORDINANCES NOW IN EFFECT AND TO BE I~EREAFFER ADOPTED;
PROVIDING FOR AMENDING AND CORRECTING THE OFFICIAL
BOUNDARIES OF THE CITY AS HERETOFORE 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 Section 43.052 of the Local Government Code, as amended, and Section 1.04 of Chapter
I of the Home Rule Charter of the City has heretofore initiated annexation proceedings to
~nnex 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
WWE~REAS, 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
~3 0S2 of the Local Government Code, the first :~eing held at 7:30 p.m. on the 4th
'~e~embe_r, ~'~9.5, at City Hall, 5151 N c,~lo,,y ~ivd. and the second hearing being hc.~d
7:30 p.m. on the llth day of November, 1996, aS 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 ~ 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 mare 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 ff 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 aH 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 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 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
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
colony, 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.
PASSED AND APPROVED by the city of The Colony, Texas on this the -Trod~
day of December ,19 96.
~ . - Wilham W. Manning, Mayor
Patti A. Hicks, TRMC, City Secretary
APPROVED AS TO FORM:
Pet E~ck*?rt, City Attorney
Exhibit A
LEGAL DESCRIPTION
BEING A 233.206 ACRE TRACT OF LAND SITUATED IN THE BBB & CRR , PATRICK O'LEARY,
AND SAMUEL CHOWING SURVEY, ABSTRACT NO. 181,978, AND 244 , DENTON COUNTY,
TEXAS AND BEING ALL OF TRACT I, AND THE REMAINDER PORTION OF TRACT II OF LAND
DESCRIBED IN DEED TO STEWART PENINSULA DEVELOPMENT PARTNERS AS RECORDED
IN COUNTY CLERK FILE NO. 93-R0083890, OF THE DEED RECORDS OF DENTON COUNTY,
TEXAS, ALSO BEING ALL OF THAT CALLED 39.7 ACRE TRACT OF LAND DESCRIBED IN
DEED TO HARLEN R. JOHNSON, ET UX AS RECORDED IN VOLUME 637, PAGE 198 OF SAID
DEED RECORDS. SAID 233.206 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY
METES AND ~OUNDS AS FOLLOWS:
THENCE N 17°44'55- E, A DISTANCE OF 1906.02 FEET TO A POINT;
THENCE N 17°44'55" E, A DISTANCE OF 15.00 FEET TO A POINT;
THENCE N 17°44'55- E, A DISTANCE OF 50.00 FEET TO A POINT;
THENCE S 89°14'40" W, A DISTANCE OF 34.92 FEET TO A POINT;
THENCE N 09°10'40- E, A DISTANCE OF 390.18 FEET TO A POINT;
THENCE N 53°26'12" E, A DISTANCE OF 954.20 FEET TO A POINT;
THENCE N 88°08'32" W, A DISTANCE OF 414.37 FEET TO A POINT;
THENCE N 04°54'44- E, A DISTANCE OF 605.07 FEET TO A POINT;
THENCE S 88°43'40- W, A DISTANCE OF 416.51 FEET TO A POINT;
THENCE N 02°34'31- E, A DISTANCE OF 189.18 FEET TO A POINT;
THENCE N 29°36'09- E, A DISTANCE OF 506.06 FEET TO A POINT;
THENCE N 47°52'04- E, A DISTANCE OF 1122.01 FEET TO A POINT;
THENCE N 27°16'42- E, A DISTANCE OF 19.38 FEET TO A POINT;
THENCE N 6S°52'42' E, A DIST~NC'E OF ~6,e.93 FEET TO A POINT;
THENCE S 00°03'48- E, A DISTANCE OF 40.00 FEET TO A POINT;
THENCE N 88°52'42" E, A DISTANCE OF 975.00 FEET TO A POINT;
THENCE S 00°03'48" E, A DISTANCE OF 177.90 FEET TO A POINT;
THENCE S 89°56'12- W, A DISTANCE OF 30.00 FEET TO A POINT;
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THENCE S 09°33'18" E, A DISTANCE OF 314.65 FEET TO A POINT;
THENCE N 89°22'12- E, A DISTANCE OF 16.34 FEET TO A POINT;
THENCE S 01°23'59- E, A DISTANCE OF 1964.52 FEET TO A POINT;
THENCE S 88°35'45" W, A DISTANCE OF 682.03 FEET TO A POINT;
THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 40.00 FEET, A DELTA ANGLE
OF 90°00'00', A L~)NG CHORD THAT BEARS S 43°35'45" W A DISTANCE OF 56.57 FE ,E-r, AN
ARC DISTANCE OF 62.83 FEET TO A POINT;
THENCE S 01°24'15" E, A DISTANCE OF 561.15 FEET TO A POINT;
THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 800.00 FEET, A DELTA
ANGLE OF 16°03'55', A LONG CHORD THAT BEARS N 81 °06'26' E A DISTANCE OF 223.58
FEET, AN ARC DISTANCE OF 224.31 FEET TO A POINT;
THENCE N 89°08'23- E, A DISTANCE OF 500.57 FEET TO A POINT;
THENCE S 01°24'14- E, A DISTANCE OF 39.52 FEET TO A POINT;
THENCE N 89°11'31" E, A DISTANCE OF 1024.80 FEET TO A POINT;
THENCE S 00°19'54' E, A DISTANCE OF 194.62 FEET TO A P, OINT;
THENCE S 51°45'09- W, A DISTANCE OF 478.39 FEET TO A POINT;
THENCE S 20°49'28- W, A DISTANCE OF 300.85 FEET TO A POINT;
THENCE S 56°41 '38' W, A DISTANCE OF 515.46 FEET TO A POINT;
THENCE N 00°20'22' W, A DISTANCE OF 426.94 FEET TO A POINT;
THENCE S 47°16'58- W, A DISTANCE OF 574.06 FEET TO A POINT;
THENCE S 56°12'18" W, A DISTANCE OF 621.51 FEET TO A POINT;
THENCE S 54°01'18' W, A DISTANCE OF 181.55 FEE~' TO A POINT;
THENCE N 0;:1°43'25- W, A DISTANCE OF 276.15 FEET TO A POINT;
THENCE N 03°38'15" W, A DISTANCE OF 666.24 FEET TO A POINT;
THENCE S 85°56'29" W, A DISTANCE OF 425.01 FEET TO A POINT;
THENCE S 08°15'19- W, A DISTANCE OF 495.05 FEET TO A POINT;
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THENCE S 47°20'49- W, A DISTANCE OF 1055.13 FEET TO A POINT;
THENCE S 86°20'49- W, A DISTANCE OF 500.02 FEET TO A POINT;
THENCE N 63°35'09- W, A DISTANCE OF 290.02 FEET THE POINT OF BEGINNING, AND
CONTAINING 233.206 ACRES OF LAND, MORE OR LESS. THIS DOCUMENT IS NOT
INTENDED FOR USE AS DEFINED UNDER SECTION 2 OF THE PROFESSIONAL LAND
SURVEYING PRACTICES ACT, ARTICLE 5282C V.T.C.S. (REVISED)
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