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HomeMy WebLinkAboutOrdinance No. 950· . CITY OF THE COLONY, TEXAS ORDINANCE NO. (~-~7 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 TI~ CITY AND THAT THE OWNERS AND INHABITANTS THEREOF SHALL BE ENTITLED TO TNE RIGHT AND PRIVILEGES OF OTHER CITIZENS 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 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 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 21st day of October, 1996, at City Hall, 5151 N. Colony Blvd. and the second hearing being held at 7:30 p.m. on the 4th day of November, 1996, 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 96-27 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 he annexed; and WI~EREAS, the property to he 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 he 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 aH purposes, he 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 he entitled to aH 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 he hereafter adopted. Section 5. That the official map and boundaries of the City of The Colony, Texas, heretofore adopted and amended he 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 he 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 shah become effective after the date of its passage. Section 8. That the Mayor is hereby directed and authorized to f'de 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 he 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 shah 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 shah 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 he 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 2nd day of December ,19 96. willian~ W. Manning, Mayor ATTEST: Patti A. Hicks, TRMC, City Secretary EXHIBIT 'A' LEGAL DESCRIPTION BEING A 24.459 ACRE TRACT OF !.AND SITUATED IN THE Mc. KINNEY WILLIAMS SURVEY, ABSTRACT NO. 938 AND THE H. HEDGECOXE SURVEY, ABSTRACT NO. 533, THEICITY OF LEWISVILLE, DENTON COUNTY, TEXAS, SAID TRACT OF LAND aEiNG A PORTION OF THAT CERTAIN TRACT OF LAND KNOWN AS TRACT THREE AS DESCRIBED IN DEED TO'CENTEX DEVELOPMENT COMPANY, LP., A DELAWARE LIMITED PARTNERSHIP AS RECORDED IN VOLUME 2375. PAGE 588 AND CORRECTED IN VOLUME 2418, PAGE 201 OF THE DEED RECORDS (DF DENTON COUNTY, TEXAS (DRDCT), SAID ~4.459 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT USA MONUMENT 8-199-1 FOUND FOR THE MOST WESTERLY NORTHWEST CORNER OF A TRACT OF LAND DESCRIBED IN DEED TO 121-RIDGEPOINTE LTD. AS RECORDED UNDER COUNTY CLERKS FILE NUMBER 96-R0031927 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS (RPRDCT~, BEING tN THE CI3MMON LINE BETWEEN THE CITY OF LEWISV]LLE, TEXAS AND THE CITY OF THE COLONY, TEXAS; THENCE ALONG AND WITH THE WESTERLY LI NE OF SAID 121-RIDGEPOINTE, LTD. AND THE COMMON LINE BETWEEN THE CITY OF LEWISVILLE AND THE CITY OF THE COLONY, THE FOLLOWING COURSES: S 00'36'07' W, A DISTANCE OF 483.27 FEET TO A FENCE CORNER POST FOUND FOR THE POINT OF BEGINNING OF THE HEREIN DESCRIBED TRACT; S 00'40'06' E, A DISTANCE OF 1676.79 FEET TO A 5/8" IRON RD0 CAPPED '13ARTER & BURGESS" SET FOR CORNER; THENCE LEAVING THE WEST LINE OF SAID 121-RIDGEPOINTE, LTD. TRACT, ALOI~G AND WITH THE WESTERLY LINE OF SAID TRACT THREE. THE FOLLOWING COURSES: N 89'44'31' W, A DISTANCE OF 92.40 FEET TO USA MONUMENT B-183-1-8 FOUND FOR CORNER; N 15'20'18" W, A DISTANCE OF 384.71 FEET TO USA MONUMENT B-183.1-9 FOUND FOR CORNER; N 3.3*55'48" W, A DISTANCE OF 351,55 FEET TO USA MONUMENT B-183-1-10 FOUND FOR CORNER; N 04~54'53' W. A DISTANCE OF 39~.08 FEET TO USA MONUMENT B-lB3-1-1 1 FOUND FOR C©RNER: $ 42'03'44' W, A DISTANCE OF 305.17 FEET TO A 5/8' IRON ROD CAPPED "CARTER & BURGESS" SET FOR CORNER; PAGE 1 OF 2 F: \JO ~ \S LO\f~OG20202\202LDOO3.FNS N 85'49'58' W, A DISTANCE OF414.a6 FEET TO USA MONUMENT B-183.1-13 FOUND FOR CORNER; N 42"3,,3'07' W, A DISTANCE OF 255.96 FEET TO USA MONUMENT B-183.1.14 FOUND FOR CORNER; N 38~07'24' E, A DISTANCE (DF 386.79 FEET TO USA MONUMENT B-183-1-15 FOUND FOR CORNER; N 08'39'20' W, A DISTANCE OF 320.78 FEET TO A ~1/2 INCH IRON ROD FOUND FOR THE NORTHWEST CORNER OF SAID TRACT THREE; THENCE ALONG AND WITH THE NORTH LINE OF SAiD TRACT THREE, A DIST~NCE OF '1011.49 FEET TO THE POINT OF BEGINNING AND CONTAINING 24.459 ACRES QF LAND. MORE OR LESS. BEARING BASE: THE SOUTH LINE OF THE DEED TO 121-RIDGEPOINTE, LTD. AS RECORDED UNDER COUNTY CLERK FILE NUMBER 96-R0031927 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS. PAGE 2 OF 2 SEPTEMBER ~,. REFERENCE: EXHIBIT 'B' c;~ os L~V~IS~S.~. ,x B-- 17~-A : ~ ~ 101 ~ 2~* T~C:T ~ ,' 557' CO~TO~,~ .~' USA 305.17 tli , ~ -~.x ~ ,~- .- ~ ~arter~Burgess ', ~.~