HomeMy WebLinkAboutOrdinance No. 917O IGII,
CITY OF THE COLONY, TEXAS
ORDINANCE NO. C/Z'.7018... 4
AN ORDINANCE ANNEXING ADJACENT AN CONTIGUOUS
TERRITORY TO THE CITY OF THE COLONY, TEXAS; FINDING
THAT Al J. 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 PRMLEGES 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 SEVERABH,rrY 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 11th day of
September, 1995, and the second hearing being held at 7:30 p.m. on the 18th day of
September, 1995, at City Hail, 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 95-28 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 ail 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 ail 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 Municipai 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 ail acts, ordinances and all other legal action now in full force and effect
and ail those which may be hereafter adopted.
Section 5. That the officiai 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 ail 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 shail
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.
/~SSED AND APPROVED by the city of The Colony, Texas on this the
day~19 _~.
IAi "
I~~
".. ~ William W Manning, Mayor
'~att[ .X~:HJ~ks;"TRMC, City Secretary
APPR~I~D AS TO FORM:
/,/
Pete i~ckert, City Attorney
#95006
6-28-95
Tt{~ COLONY ANNEXATION
BEING a part of that certain 484.705 acre tract of land described in the City of Carrollten Annexation
Ordinance No. 1330, in the Samuel B. Evans Survey, Abstract No. 397, situated in Denton County,
Texas, and being more particularly described as follows:
COMMENCING at the most Westerly Northwest corner of said 484.705 acre tract, said point being
on the West line of said Evans Survey;
Tti~NCE North 78°45'15" East, 157.0 feet;
THENCE North 60°50'35" East, 71.84 feet;
THENCE North 72°48'05'' East, 197.11 feet to the PLACE OF BEGrNNTNG of this description;
THENCE North 72°48'05'' East, 192.66 feet to the beginning of a curve to the left;
THENCE Northwesterly along said curve to the lei~ having a central angle of 28°40'42", a radius of
2400.0 feet and a tangent of 613.50 feet, an arc distance of 1201.28 feet;
TI-IENCE North 44°07'23'' East, 508.28 feet to the beginning of a curve to the right;
THENCE Northeasterly along said curve to the right having a central angle of 19°08'15'', a radius of
2000.0 feet and a tangent of 337.15 feet, an are distance of 668.02 feet to the beginning of a curve to
the left whose radius bears South 26°44'22'' East 875.0 feet;
Tt-T_ENCE Southwesterly along said curve to the left having a central angle of 38°20'49", a radius of
875.0 feet mid a tangent of 304.25 feet, an arc distance of 585.62 feet;
THENCE South 24°54'49" West, 714.0 feet to the beginning ora curve to the right;
Tt~]NCE Westerly along said curve to the right having a central angle of 67°40'54", a radius of 625.0
feet and a tangent of 419.05 feet, an are distance of 738.29 feet;
THENCE North 87°24'17" West, 493.29 feet to the beginning of a curve to the leiS;
TIKENCE Northwesterly along said curve to the lef~ having a central angle of 19°47'38", a radius of
875.0 feet and a tangent of 152.66 feet, an arc distance of 302.28 feet to the PLACE OF BEGIN-KING,
and containing 11.2509 acres of land, more or less.
~- ~ S72°01'00"W , , o' 108 57~...~
z S89°06 59'W
31992 ',~
S 89'06' 59"W
5oo.o
S00"53 OI"E
8000'
R =532 9~ 0"
T= 80, ~5',
L=15906 T=
L = 185.44'
/~/~-~
THE COLONY ANNF. XA1 [ON
BEING a ~ of tim[ certain 478.653 acre tract of had ~--~d to : City of Can~llt~a. Texas b~ Anne~nn
Ordln,nce NO. 1330, in the David Andrews Sm, w~y, Abstract No. 15, thc Sanmel B. Evan~ Survey, A~ No.
397, the B. Matin Surwu, Abstract No. 827, th~ Benjamin Schoono~ Sul~'y, Absti'act No. 1208 and th: Thorr~
We, st Survey, Abstract No. 1344, situated in Dent~n County, T~m-s, ami b~ng mor~ pa~dt~iarly
follow~:
BEGIiNNI~G at the most EasterlT Nor~h~ corner of said 475.653 ac~ tra~ said point b~ing
TI-I~NCE along th~ common line b~v~en the CRy of Can'oLRon and ~ City of H~-b~'ou as follows::
SOUTH, 1375.33
North 82~34'5T' West. 339.42 fe~
South 8053'57'' West. 513.10 fret;
Soufll 30°45'36"Ea.~ 10.6~ f~
South 8°14"07"Wcst, 1201.T8 ~
South 8~°59'29" West, 2597.32 feet;
North 0°51'31TM W~s~ 526.90 fee~
South 89°10'04' We~ 3190.23 feet;
THENCE North 0°46'Wea-t, 330.0 feet to a po/hr on the ~nmnn 1~ bet'w~en the CRy of Car~ollton ,nd the City
of Hebron~
TI-IE~CE along sa/d ~ommon 1/~¢ betw~n the City of C.~lton and th~ Cit~ Of H~ az follows:
North 89°10'03' East, 1612.04
North 6~4'~Y' Fast, 733.85
North 89~10'03" East, 1491.49
North 0°4g'56~ W~t, 450.01 f~
No~A 1~01'11TM West, 999.10
No~h 89"08' 19" k 3225.38 feet t~ the PLACE OF BEGI2qNIlqG, and con~ain~ 254.7736 acr~ of
land. mot: or less.
Col annex, doc
#95006
1-11-~
THE COLONY ANNEXA' 'ION
BE]lNG a part of that camain 10 foot ~ ~{aip of land n~ained by th~ City of I-I~ron a.ud de~cril:ed by the
"SAVE AND ]EXCEPT" po~iou of City of Carrollton Ann~on O,'dlsaance No.1330, in tl~ David
Andrews Sttrvey, Abstract No. 18, th~ Samuel B. Evans surv~ Abstract No. 397, th~ B. Martin Survey,
Abstract No. 827, the Benjamin Schoouov~r Survey, Abstract!No. 1208 at:rd tl~ Thomn-n W~at Surv~,
Abstract No. L344, situated in Denton County, Toms, and b~ng!mo~ partie~,lurly deacribcd as follows:
BEGINNING at the most Nozth~rly Northwest corner of said 10! foot wide attlp of
THENCE North 89°08'19" East, 10.0 f~-t;
THENCE South 1°01'11'' East, 1009.10 ~
THENCE South 0°48'56" East, 450.01 Meet;
THENCE South 89°10'03" Wear, 1491.49 fi~t;
THENCE South 6°04'55" W~at, 733.85 feet;
THENCE South 89°10'03.. W~ 1612.04 fox;
THENCE North 0°46Wv'eat, 10.0
THENCE North 89~10'03~ Ea~ 1603.17 f~et;
THENCE North 6°04'55" East, 733.85 Meet;
THENCE North 89'10'03' East, 1490.35
THENCE North 0°48'56" West, 440.0
THENCE North 1°01'11'' W~t, 1009.11 f~t to the PLACE!OF BEGINNING, ~.a cOermlnlng 1.2136
aorta of !and, mo~ or
Colony. Doc
When recorded, please return to City Secretary, 5151 N. Colony Blvd.,
The Colony, Texas, 75056.
FEB 2 9 1996
Filed for Reoo'rd in:
DENTON COUNTY, TX
HONORABLE TIM HODGES/COUNTY
CLERK
On Feb 89 1996
At 9:27am
Doc/Num : 96-R0013874
Doc/Type : OR
Reoo'rd~ng: 81.08
Doc/Mgn~t : 6.80
Receipt #: 6870
Deputy - BRANDIE