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HomeMy WebLinkAboutOrdinance No. 00-1240 ORIGINAL CITY OF THE COLONY, TEXAS ORDINANCE NO. 00- / 2_</0 AN ORDINANCE ANNEXING ADJACENT AND 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; PROVIDING FOR AMENDING AND CORRECTING THE OFFICIAL BOUNDARIES OF THE CITY AS HERETOFORE ADOPTED; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of the Colony, Texas adopted resolution #00-23 dated July 3, 2000, and the City of Lewisville adopted resolution #2612-10-2000 dated October 2, 2000 apportioning extrateritorial jurisdiction between the two cities, and WHEREAS, the City Council of the City of The Colony, Texas (the "City"), pursuant to Section 43.061 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 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 43.063 of the Local Government Code, the first being held at 6:30 p.m. on the 28th day of August, 2000 and the second hearing being held at 7:00 p.m. on the 1 lth day of September, 2000, at City Hall, 6800 Main Street, 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 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 more than twenty (20) days nor less than ten (10) days prior to each public heating; 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 tree 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 ilgll' Section 4. 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 5. That the City Manager 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 6. That this ordinance shall become effective after the date of its passage. Section 7. That the City Manager 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 8. 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 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. PASSED AND APPROVED by the City of The Colony, Texas on this the 16th day of October, 2000. ,~/~ohn Dilla{d, Mayor Pro-Tem--'- ATTEST: +~atti A. HickS,. T'RMS, ~it37 Secftetm'y/ APPROVED AS TO FORM: .~~I~ik~l, City4~o~ey EXHIBIT "A" , .;.. Page i of 2 Reing o tract of land situated in the following surveys: I:he 8.8.8. ~' C.R.R. Company Survey, Abstract ~. 181: the Samuel E. Hayes Survey, Abstract bio. 648 and the Jonas L. Sparks Survey, Abstract No. 1179 and being a I:)ar~ af Ordinance No. 27 Recorded in Volume 940, image 797 o[ the 0enton County 0eed Records and Ordinance No. 535 recorded in 'Volume 2.~78, Page 497 of the Real Property Records of 0enton County, Texts and being more part described as follows: ~EC, INNING at the Southeast: corner of Ordinance No. 5`35 and the'Southwest corner of Ordinance No. 27 [Annexation Ordinances in the City of the Colony) and the North line of State Highway No. 121; THENCE Fl 61 deg. 24 min. 18 sec. E, with the Southeasterly line ot: Ordinance No. 27 and along the North line of Sl:ol:e Highway No. 121. o disLonce of 1595.79 feel: to c point for corner; THENCE N 57 deg. 06 min. 5'7 sec. E. with the Southeosteriy line o1: Ordinance No. 27. o distance of 20C.56 Feet to o point i'or corner; THENCE N 61 deg. 24 ,min. 18 sec. E]. with the Southeasterly line of 0rdinonce Ho. 27. o dis~.unce o~' 600.0,0 ~ee~. ~o o point, i'or corner; F~.ENCE~ N 07 deg..52 min. 06 sec. W. with the Easterly line at 0rdinonce No. 27. o distance of 7.~.88 t:eet to o point for corner: T~NCE' N 8g deg. '~0 min. 11 sec. E, across State Highway NO. 121. o distance o~: 544...~g i:eet to o point for ~ne Nor~heos~ corner; i'HENCE S 00 deg. 54 min. 17 sec. E o distance pi 143.64, feet ~o o paint ~or tlqe Souti~eos:.: TlqENC~ S 61 0eg. 20 min. 2.3 sec. W, otong the ~rol~osed Southeasterly right-ot:-wOy line of State Highway No. 121, o distance of 15..16.5:5 feet to o point for corner: i'HE,~iCE S .58 deg. 07 min. ~,,i sec. W. with ~he proposed Sout. heasterly right-of-way line o{ SLate Highway No. 121. o distance at .3.]6.99 feet to o I::)oint for corner: THENCE S 54 deg. 4-0 min. 40 sec. W. with (;he proposed ~outheasterly right-of-way line of State Highway No. 121, o distance of 341.95 feet to o point for corner: THENCE S 51 deg. 2.0 min. 2.3 sec. W, with the proposed Southeasterly r/glut-of-way line of State Highway No. 12t. o distance of I008.7~ t:eet to o poin~ for corner; TNENC~ N 11 deg. 18 min. 21 sec. w across State Highway No.121. o distance of 516.71 ~eet to a point for the Northwest corner: T'H~.NCF' I',l 6~ deg. 20 min. 2.3 sec. E o distance of I04.~6 feet to o point in the WesterIy line of Ordinance NO. 535 and the East right--of-way line of S~ondriclge 0rive to point for corner; I'HENC,-c ~ 00 deg. 05 min. 23 sec. ~. with the Westerly line o~ Ordinance No..535,.0 distance o~ 148.67 feet ~o the Southwesterly corner of 0rdinonce No. 5..15 and also being on the North right-of-way line o~ S~ote Hi(:jlqwoy No. 12.1 ~o o point t:or corner; I'HENCE N 51 deg, 18 min. C7 sec. E, with the Soul:heosterly line of Ordinance No. 5.,t5. o distance of 1<:J9.2-,l feet to the POINT OF (~EGINNII'IC and containing within these metes and bounds 1,048,062 square feet or 2.4,.06 acres pi' land. EXHIBIT "B" SERVICE PLAN CASE #: 2000-A002 AREA: 24.82 acres LOCATION: SH121 Right-of-Way between Standridge Drive the abandoned Kenepac Road DATE: August 22, 2000 The following municipal services shall be furnished to the subject tract by or on behalf of the City of The Colony in accordance with this schedule: A. Police Services Patrolling, response to calls, and other routine services will be provided on the effective date of the annexation, using existing personnel and equipment. B. Fire protection and Emergency Medical Services (EMS) Fire protection and emergency medical services will be provided to the subject tract on the effective date of the annexation using existing personnel and equipment.