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HomeMy WebLinkAboutOrdinance No. 97-958 CITY OF THE COLONY, TEXAS ORDINANCE NO. ~7.~ I,~)~ 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 ADO..PTED; 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 6th day of January, 1997, and the second hearing being held at 7:30 p.m. on the 13th day of January, 1997, at City Hall, 5576 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 96-36 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. PASSED AND APPROVED by the city of The Colony, Texas on this the 3rd day of Februa.ry . 19 97. : MUa ing ~- Q '~' William W. nn Mayo ATTEST: Patti A. Hicks, TRMC, City Secretary APPROVED AS TO FORM: Pete Eckert, City Attorney Exhibit A #95006 11-14-96 COLONY ANNEXATION BEING a part of that certain 10 foot wide strip of land retained by the City of Hebron and described by the "SAVE AND EXCEPT" portion of City of Carrollton Annexation Ordinance No. 1330, and a part of that certain 74.6 acre tract of land conveyed to Hebron Joint Venture by Tomlin Properties by correction deed recorded in County Clerk File No. 93-R0017434 of the Real Property Records of Denton County, Texas, in the Samuel H. Brown Survey, Abstract No. 111, the Samuel B. Evans survey, Abstract No. 397 and the Benjamin Schoonover Survey, Abstract No. 1208, situated in Denton County, Texas, and being more particularly described as follows: COMMENCING at an iron rod found at the Northeast comer of said 74.6 acre tract and the Southeast comer of that certain 65.648 acre tract of land conveyed to University Business Park Phase I~, Ltd. by deed recorded in Volume 1615, Page 551 of the Deed Kecords of Demon County, Texas, said point being on the Westerly fight-of-way line of the Burlington Northern Kaikoad Right-of-Way (100.0 feet wide); THENCE North 6°01'27" East along said Westerly right-of-way line of said raikoad, 10.08 feet to a point on a North line of said 10 foot wide strip; THENCE South 89003'39" West along said North line of said 10 foot wide strip, 10.08 feet to the PLACE OF BEGINNING of this description; THENCE along a line which is 10.0 feet Westerly fi.om and parallel to said Westerly right-of-way line of said railroad as follows: South 6°01'27" West, 1674.09 feet; North 83°58'33" West, 25.0 feet; South 6°01'27" West, 561.30 feet; North 89°01'27" East, 25.19 feet; South 6°01'27" West, 110.27 feet; f:~d at a~-~& p~r oject s\1995',95006~cLanx.doc THENCE South 89030'23" West along a line which is 10.0 feet North of and parallel to the South line of said 74.6 acre tract and the North line of that certain 7.02 acre tract conveyed to W'flliam Chaillot by deed recorded in Volume 552, Page 572 of the Deed Records of Denton County, Texas 1277.19 feet to a point on an East line of the above mentioned 10 foot wide strip of land retained by the City of Hebron and described by the "SAVE A_ND EXCEPT" portion of City of Carrollton Annexation Ordinance No. 1330; THENCE North 0°47'20'' West along said East line of said 10 foot wide strip 2315.39 feet to a point on a North line of said 10 foot wide strip; THENCE North 8900399" East along said North line of said 10 foot wide strip, 1555.08 feet to the PLACE OF BEGINNING, and containing 75.1288 acres of land, more or less. f:~lat a~c~,p~orojects\1995~50(~_anx.doc SERVICE PLAN I. ~ The purpose of this service plan is to outline all municipal services which will be provided to the area proposed for annexation. This plan is in accordance with 970a Section 10B, V.A.C.S. II. Pr D ri ti n' Attached as Exhibit A. The land is presently rural and has less than three (2) inhabitants. IlL Immediate Services: The newly incorporated area will have full and immediate access to the following services. Public Safety - Police protection is to be provided by the extension of patrol into the annexed area and by response from The Colony Police Department to individual requests by residents of the annexed area. Fire Protection and Emergency Medical Services are to be provided upon request. Public Works -- Solid waste collection, traffic control, and street maintenance services are to be provided to the annexed area in accordance with City of The Colony ordinances, resolutions and regulations. Public ltealth Services -- Code enfomement services of the City of The Colony are to be provided to the annexed area. Cultural and Recreational Facilities -- City of The Colony parks and recreational centers, public library and swimming pool (Aquatic Park) will be available for use by residents of the annexed area. IV. At the time the property is developed, the improvements will be constructed and provided by the developer of the property in accordance with city ordinances. Maintenance of any city-owned improvement will begin upon annexation. V. Time Frame: The legal statute governing service plans requires that proprietary services be available within sixty (60) days atter the effective annexation date of any property. In the event the City of The Colony determines that capital improvements are necessary, the law requires that construction begin within two (2) years atter the effective annexation date and must be substantially complete within four and one-half (4-1/2) years of the effective date of the annexation.