Loading...
HomeMy WebLinkAboutOrdinance No. 865 CITY OF THE COLONY, TEXAS ORDINANCE NO. 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 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 AD OPTED; 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 Section 43.052 of the Local Government Code, 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 Section 43.052 of the Local Government Code, 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 3rd day of October, 1994, at 5151 N. Colony Boulevard, The Colony,, Texas, and the second hearing being held at 7:30 p.m. on the 10th day of October, 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 94-24 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 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 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. on this the iPAS~ED AND .APPROVED by the city of The Colony, Texas ?gy,.9~f,~7~J ../?~d~/c r 1994. ', -' William W Manning, Mayor Patti A. Hicks, TRMC, City Secretary APPR//0~D AS TO FORM: City ~ttorney ANNEXA~0N FII~LD ~OTES ~ZNG a ~rac~ of land s~ua~ed In bhe follo~ng Sur~s in 0enOCh County, Texas: (2) B.S.B.& C.R.R. CO. S~vey, ~s=ra~ NO. 181 (3) Samuel E. Ha~s Su~ey, Abs~a== No. 64S (4) J~es ~. Sparks Su~ey, Ab~=rac= No. 1~79 (S) Pat=ick O'~a~ Survey, ~s==ac= No. (7) Ph~l~on R. Higgins Survey, ~sCrac= No. 548 (8) ~ambers Hea~ S~e~, ~s=rac= NO. 601 (9) ~wis T. HXggins Su~ey, A~==ac= NO. anO be~q mote ~r=lcularly desk,bed as follows: 8~I~ING a~ ~e souU~wes= corner of ~e sa~d B.B.B.& C.R.R. ~rvey, Abs=rao~ No. 173 ~ng ~e sou~wes= co~ of an Annexatio~ of ~e C~ty of The Colony, T~as descr~ b~ Ordinance Second ~ac=, Par~ 2; ~ENCE No~ 0 deg. 23 min. East along ~e wes= line of said Second of said Ordinance No. 81; ~EN~ No~ 0 d~. 23 ~n. East along ~e wes= line of eaid Tract, 2~6.4 fee~ =o ~e ~ou~wes= corner o~ an ~nexa~ton of City of ~e Colony, Texas descr~b~ by Ordina~ce No. 27, ~ar~ 20, 1978 ~ des~d as ~ac= 2; ~ no~erly alonq ~e wes~ l~ne of sa~d ~ac~ 2 ~ No~ 0 d~. 24 m~n. 58 sec. West, 675.72 S~ 89 d~. 53 min. 25 sec. WOS~, 434.87 fee=; No~h 17 d~. 20 min. 05 sec. Wes=, 1035.13 NOrth 25 d~. Z0 min. 15 sec. Eas=f 95~.14 ~ee=; Sou~h ~8 d~. 02 min. 35 sec. ;as~,' 340.69 fee~; No~h 0 deg. ~9 min. 1S sec. W~, 461.64 fee=; ~u~ 89 d~. 24 min. 50 sec. East, 604.3g ~ee= =o a porn= on =he west ~ine of F.M. 423 and ~e sou~easc corner of Tra~ sa~d descrl~ ~exa=ion O=diflaflca ~o. 27; ~ no~ly a~ ~s~arly alo~ ~e wes= l~e of ~id ~a~ as foll~s= NO~ 83 deg. 00 min. 55 sec~ W~=, 62.09 No~ 47 d~. 3S Bin. 31 Soo. ~s=; 665.0 fee~; No~ 1~ d~. 48 m/fi. 29 s~. hs=, S?S.o No~h Se ~. 47 min. 3~ ~c. W~=, 200.0 South 0 d~. 48 s~n. 3~ ~c. ~s=, S~.38 S~ 89 d~. ~8 min. S4 ~c. West, 2S0.0 ~o~ 24 deg. 36 ~. 06 s~. W~, 301.0 No~ 0 ~. 34 m~n. 06 sec. w~=, 2~0.0 N~ ~ d~. 46 m~. 06 sec. W~, 300.0 N~ 24 d~. 43 nih. 54 sec. bt, 465.0 NO~ 41 ~. 24 miA. 06 S~. W~=, 149.33 ~OU~ 49 d~. 58 min. ~4 s~. We~, S86.0 N~ 57 d~. 30 ~. 06 sec. W~, 449.70 sou~ ~4 d~. OS nih. 24 sec. Wet~, 722.63 f~= =o ~u~eas= corn~ of an ~nexa~ion o~ ~e c~7 of ~o ~lony, ~s~l~ ~ Ordinance No. 88, da~ed ~ob~ ~7, ~979; ~o~ 39 d~. 22 m~. 10 se~. ~, 255.59 ~ou~ o deV. 03 =~n. ~ sac. ~es~, 370.0 ~e no~ ~ne o~ an Annexation o~ ~e C~ o~ The Colony, T~as TH~C~ a~onq ~e eas~, sou~ and vest ~as of ~e sa~d de~ by Ordinance ~o. 3L7 as ~C~ SOU~ 0 d~. 42 ~n. 05 ~c. ~el~ a~on~ Che eas~ l~ne ~e sa~d ~exa~on described ~ Ordinance ~0. 3~7, 298,50 a ~ln~ ~[ng ~e 5~S ffoog ~n~=~ and ~o~ elevation ~CZ v~Cer~7 and no~er~y along ~e ~ld 515 ffooC con,our ~l~c~ No~h 80 d~. WelC alo~ ~ ~u~ line of 1aS~ ~d an ~na~C~o~ of ~e C~ of The ~lony, T~s descr~d 0~ ~o. 365, da~ A~sC ~2, line ot ~aoC said des~i~ ~e~cfon a C~al d~acan~ ot ~5,02o ~a ~isvAlle ~een a sou~e~ a~ a ~n p~in~la; ~nC ~ ~o~ 59 d~. 38 nXn. $0 ~. Wes~, 3223.26 ~C Sou~ 80 d~. 2~ ~. SO ~. ~sC a~o~ ~ no~heas~ line o~ 8~ 80 d~. 2L ~. ~0 8~. ~ along ~e no~ Ifne of lal~ ~id ~ion des~i~ ~ O~$~n~ No. 535, 189.25 to ~e no~w~ c~e= ~ an ~ne~tion o~ ~e Ci~ ot ~e Colo~, Texll d~ ~ O~i~nce ~o. 27, desc~ib~ as ~a~ ~, Ht~ 20, ~978; along ~e no~ line Q~ ~e said ~ac~ 3 o~ sald a~cion desc~ ~ O~l~nce ~o. 27 as follow: Sou~ 80 d~. 2L ~in. SO sec. ~SC, $38.67 ~eeC; ~o~ 23 d~. 51 m~. 55 sec. ~sC, ~94.~2 feec; SO~ 8~ d~. S9 ~$n. 00 s~. ~lt, .~444.63 ~t to ~e P~CE B~2NNING and con~ ap~o~m~a~y 2,~85 a~es o~ ~and. SERVICE PLAN In accordance with 970a Sec~on 10B, V.A.C.$., ~he following is a statement of governmental service.that must be provided in sixty (60) days and capital improvements that must be provided in two and one-half (2 1/2) years. 1. Ambulance and Fire service can be provided immediately. This land is presently rural and has few inhabitants. 2. The Police Department will review immediately the provision of a new district which will provide for patrol of this area based upon need. 3. Waste collection can be provided upon request by waste collection provider. 4. Road and park maintenance can be maintained. No Public roads will be located on this tract. 5. No capital improvements, i.e, streets, fire station, etc. are needed. 6. Water and sewer service may be provided in accordance with current city policies.