HomeMy WebLinkAboutOrdinance No. 06-1659
ORIGINAL
CITY OF THE COLO!r
ORDINANCE NO. 06- (J ~
AN ORDINANCE OF THE CITY OF THE COLONY, DENTON COUNTY,
TEXAS ANNEXING A 26.723+/- ACRE TRACT OF LAND LOCATED ON
STATE HIGHWAY 121 IN THE CITY OF THE COLONY, DENTON
COUNTY, TEXAS, AND BEING MORE P ARTICULARL Y DESCRIBED IN
EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR AN
AMENDMENT OF THE ZONING DISTRICT MAP; ADOPTING A
SERVICE PLAN AS EXHIBIT "B" ATTACHED HERETO; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of The Colony, a home rule municipality, desires to annex the
property on Highway 121, being more particularly described in Exhibit "A"; and
WHEREAS, the City Council of the City of The Colony has conducted two public hearings
at which persons interested in the annexation have been given the opportunity to be heard; and
WHEREAS, such public hearings were conducted pursuant to notice published in a
newspaper of general circulation in the City and in the area proposed for annexation at least once on
or after the twentieth day but before the tenth day before the date of each such hearing; and
WHEREAS, a service plan for the area has been approved as required by law; and
WHEREAS, this ordinance is enacted not less than twenty days after the second of such
public hearings and not more than forty days after the first of such public hearings;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, DENTON COUNTY, TEXAS:
SECTION 1. That all of the property described in Exhibit "A" attached hereto and made a
part hereof for all purposes and within the exclusive extraterritorial jurisdiction of the City of The
Colony, and adjacent and contiguous to the boundary limits thereof be, and the same is hereby,
annexed to the City of The Colony and the boundary lines of the City of The Colony are hereby
extended to include such described property within the City limits of The Colony, and the same
shall hereafter be included within the territorial limits of said City and the inhabitants thereof shall
hereafter be entitled to all rights and privileges of other citizens of the City of The Colony, and shall
be bound by the acts, ordinances, resolutions, and regulations of said City.
SECTION 2. That the Comprehensive Zoning Ordinance of the City of The Colony,
Texas, be, and the same is hereby, amended by amending the Zoning District Map of the City of
The Colony so as to change the property described in Exhibit "A", attached hereto and made a part
hereof for all purposes, to "A" Agricultural Zoning District Classification.
SECTION 3. That the premises hereof are found and determined by the City Council to be
correct in all respects.
Page 1
6468\
SECTION 4. That it is the intent of the City Council to annex into the corporate limits of
the City of The Colony all the property described in Exhibit "A," and the City Council hereby finds
and determines that the provisions of Chapter 43 of the Texas Local Government Code have been
complied with in effecting this annexation. It is not the intent of the City of The Colony to annex
any territory which it has no legal right to annex, but to annex only such territory as may be legally
annexed by it within the limits of the described property.
SECTION 5. That a service plan as required by Section 43.056 of the Local Government
Code for such property is attached hereto as Exhibit "B" and made a part hereof for all purposes,
and adopted and approved as a part of this ordinance.
SECTION 6. This Ordinance shall take effect immediately from and after its passage as
the law in such cases provides.
DULY APPROVED ~PASSED
Denton County, Texas on the -2- day of
the City Council of the City of The Colony,
,2006.
APPROVED:
APPROVED AS TO FORM:
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EXHIBIT A
City of The Colony
Annexation Exhibit
Date: February 2, 2006
Page 1 of 4 Pages
Being a tract ofland situated in the Thomas Wilson Survey, Abstract No. 1352, the J. B. Shipps
Survey, Abstract No. 1227 and the B.B.B. & C. R.R. Survey, Abstract No. 173, Denton County,
Texas, and being more particularly described by metes and bounds as follows:
BEGINNING at a point for the southeast comer of City Ordinance No. 00-1240 of The City of
The Colony, Denton County, Texas, said point being in the southerly right-of-way line of State
Highway 121;
THENCE North 00 degrees 54 minutes 17 seconds West, with the east line of said City
Ordinance No. 00-1240, a distance of 216.79 feet to a point for comer in the
southerly line of Tract 7 of City Ordinance No. 27 of The City of The Colony,
Denton County, Texas;
THENCE North 61 degrees 20 minutes 23 seconds East, with the southerly line of said Tract 7
of City Ordinance No. 27, a distance of 4945.98 feet to a point for corner;
THENCE North 65 degrees 12 minutes 00 seconds East, with the southerly line of said Tract 7
of City Ordinance No. 27, a distance of223.00 feet to a point for corner;
THENCE South 56 degrees 05 minutes 36 seconds East, with the southerly line of said Tract 7
of City Ordinance No. 27, a distance of 102.00 feet to a point for corner;
THENCE North 89 degrees 53 minutes 05 seconds East, with the southerly line of said Tract 7
of City Ordinance No. 27, a distance of 25.00 feet to a point for comer in the west
line of Tract 6 of said City Ordinance No. 27;
THENCE South 00 degrees 06 minutes 55 seconds East, with the west line of said Tract 6 of
City Ordinance No. 27, a distance of 172.35 feet to a point corner in the southerly
right-of-way line of said State Highway 121;
THENCE South 61 degrees 20 minutes 23 seconds West, with the southerly right-of-way line of
said State Highway 121, a distance of 71.76 feet to a point for corner;
THENCE South 66 degrees 44 minutes 11 seconds West, with the southerly right-of-way line of
said State Highway 121, a distance of700.68 feet to a point for corner;
THENCE South 64 degrees 02 minutes 40 seconds West, with the southerly right-of-way line of
said State Highway 121, a distance of 267.19 feet to a point for comer;
GORRONDONA & ASSOCIATES, INC. 6707 BRENTWOOD STAIR ROAD SUITE 50 FORT WORTH, TEXAS 76112 817-496-1424 FAX 817-496-1768
City of The Colony
Annexation Exhibit
Date: Febrnary 2, 2006
Page 2 of 4 Pages
THENCE South 61 degrees 20 minutes 23 seconds West, with the southerly right-of-way line of
said State Highway 121, a distance of 1583.89 feet to a point for corner;
THENCE South 58 degrees 39 minutes 24 seconds West, with the southerly right-of-way line of
said State Highway 121, a distance of274.42 feet to a point for corner;
THENCE South 55 degrees 49 minutes 14 seconds West, with the southerly right-of-way line of
said State Highway 121, a distance of 474.68 feet to a point for corner;
THENCE South 61 degrees 20 minutes 23 seconds West, with the southerly right-of-way line of
said State Highway 121, a distance of 452.50 feet to a point for corner;
THENCE South 15 degrees 59 minutes 22 seconds West, with the southerly right-of-way line of
said State Highway 121, a distance of 130.91 feet to a point for the intersection of the
southerly right-of-way line of said State Highway 121 with the easterly right-of-way
line ofF. M. 423 (Josey Lane);
THENCE South 61 degrees 20 minutes 23 seconds West, with the southerly right-of-way line of
said State Highway 121, a distance of 94.00 feet to a point for the intersection of the
southerly right-of-way line of said State Highway 121 with the westerly right-of-way
line of said F. M. 423;
THENCE North 75 degrees 55 minutes 18 seconds West, with the southerly right-of-way line of
said State Highway 121, a distance of 125.27 feet to a point for corner;
THENCE South 61 degrees 20 minutes 23 seconds West, with the southerly right-of-way line of
said State Highway 121, a distance of 192.99 feet to a point for corner;
THENCE South 65 degrees 54 minutes 40 seconds West, with the southerly right-of-way line of
saki State Highway 121, a distance of 150.48 feet to a point for corner;
THENCE South 61 degrees 20 minutes 23 seconds West, with the southerly right-of-way line of
said State Highway 121, a distance of 149.82 feet to a point for corner;
THENCE South 66 degrees 51 minutes 42 seconds West, with the southerly right-of-way line of
said State Highway 121, a distance of 480.18 feet to a point for corner;
GORRONDONA & ASSOCIATES, INe. 6707 BRENTWOOD STAIR ROAD SUITE 50 FORT WORTH, TEXAS 76112 817-496-1424 FAX 817-496-1768
City of The Colony
Annexation Exhibit
Date: February 2, 2006
Page 3 of 4 Pages
THENCE South 63 degrees 59 minutes 07 seconds West, with the southerly right-of-way line of
said State Highway 121, a distance of 150.64 feet to a point for the intersection of the
southerly right-of-way line of said State Highway 121 with the east right-of-way line
of Crider Road;
THENCE South 61 degrees 20 minutes 23 seconds West, with the southerly right-of-way line of
said State Highway 121, a distance of 37.56 feet to the POINT OF BEGINNING,
and containing 1,164,065 square feet or 26.723 acres of land, more or less.
Notes:
(1)
A plat of even survey date herewith accompanies this legal description.
(2)
Basis of Bearing is referenced to Ordinance No. 00-1240 of The City of The
Colony, Denton County, Texas
NOT VALID UNLESS SIGNED
AND STAMPED IN RED
Richard Kennedy
Registered Professional Land Surveyor
Texas No. 5527
GORRONDONA & ASSOCIATES, INe. 6707 BRENTWOOD STAIR ROAD SUITE 50 FORT WORTH, TEXAS 76112 817-496-1424 FAX 817-496-1768
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EXHIBIT B
CITY OF THE COLONY
SERVICE PLAN FOR
A06-0002 (121 CORRIDOR)
I. AREA ANNEXED
The annexation area is located in the southern portion of The Colony's Extraterritorial Jurisdiction
and contains approximately 79 acres incorporating the east and west bound lanes of the S.H. 121
Corridor.
II. INTRODUCTION
This service plan has been prepared in accordance with the Texas Local Government Code, Sections
43.021, 43.065 and 43.065 (b) through (0). Municipal facilities and services to the annexed area
described above will be provided or made available on behalf of the City in accordance with the
following plan. The City shall provide the annexed tract the levels of service, infrastructure, and
infrastructure maintenance available in other parts of the city with similar topography, land use, and
population density.
III. AD VALOREM (PROPERTY OWNER) TAX SERVICES
A. Police Protection and Animal Control
Police Service, including patrolling, response to calls, and other routine functions will
be provided to the property upon the effective date of the annexation using existing
personnel and equipment. If annexed, no additional personnel or equipment will be
needed. Animal Control services will also be provided to the corridor upon the
effective date of the annexation.
B. Code Enforcement
Code Enforcement services will be provided to the corridor upon the effective date of
the annexation without the need for additional personnel.
C. Fire Protection
Fire protection (within the limits of existing hydrants) and emergency medical services
are currently provided as an interlocal agreement and will continue to be provided to
the corridor upon the effective date of the annexation. The estimated emergency
response time in this area is 4 minutes, which is similar to responses for surrounding
properties within the city limits. The appropriate response time in the city is 6 minutes.
The City of The Colony will provide emergency medical services ("EMS").
D. Roads and Streets
The proposed annexation incorporates the State Highway 121 corridor which is a state
road. Installation and maintenance of street signs, street lighting and traffic control
devices will continue to be maintained by the Texas Department of Transportation.
E. Parks and Recreation Facilities
Annexation of the corridor will not impact parks and recreation facilities.
F. Library Services
Annexation of the 121 corridor will not impact library services to private property
owners.
G. Building Inspections and Health Services
No services will be needed to the corridor upon the effective date of the annexation.
H. Planning and Development Services
Planning and Development services will be provided to the corridor upon the effective
date of the annexation without the need for additional personnel.
IV. UTILITY (RATEPAYER) SERVICES
A. Solid Waste Collection
No services will be needed to the corridor upon the effective date of the annexation.
B. Water/Wastewater Facilities
No services will be needed to the corridor upon the effective date of the annexation.
C. TXU Electric Utilities
TXU services are in the northeast comer of S.H. 121 and Main Street and are available,
if needed.
D, CoServ Electric/Gas Utilities
CoServ Electric services are available along S.H. 121 and are available, if needed. No
gas services are in the area.
E. Atmos Gas Utilities
Atmos services are m the northeast comer of S.H. 121 and Main Street and are
available, ifneeded.
V. OTHER SERVICES
Other services that may be provided by the City, such as municipal and general
administration will be made available on the effective date of the annexation.
VI. CAPIT AL IMPROVEMENTS PROGRAM (CIP)
No new construction of additional city services is contemplated within the annexed area as a
result of this annexation because the annexed area on the date of annexation will have a level
of full municipal services equal to other areas within the city having similar characteristics of
topography, land use, and population density. Thus, no construction of public improvements
is contemplated as a result of this annexation.
VII. UNIFORM LEVEL OF SERVICES MAY NOT BE REQUIRED
Nothing in this plan shall require the City to provide a uniform level of full municipal
services to each area of the City, including the annexed area, if different characteristics of
topography, land use, and population density are considered a sufficient basis for providing
different levels of services.
VIII. TERM
This service plan shall be valid for a term often (10) years. Renewal ofthe service plan shall
be at the discretion of the City Council.
IX. AMENDMENTS
The service plan may be amended if the City Council determines at a public hearing that
changed conditions or subsequent occurrences make this service plan unworkable or
obsolete. The City Council may amend the service plan to conform to the changed
conditions or subsequent occurrences pursuant to Texas Local Government Code, Section
43.056.
Denton County
Cynthia Mitchell
County Clerk
Denton, Tx 76202
Instrument Number: 2007.45333
As
Recorded On: April 18, 2007 Ordinance
Parties: CITY OF THE COLONY Billable Pages: 10
To Number of Pages: 10
Comment:
( Parties listed above are for Clerks reference only)
** Examined and Charged as Follows: **
Total Recording:
52,00
52.00
Ordinance
************ DO NOT REMOVE THIS PAGE IS PART OF THE INSTRUMENT ************
Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY
because of color or race is invalid and unenforceable under federal law,
File Information:
Document Number: 2007-45333
Receipt Number: 378447
Recorded DatelTime: April 18, 2007 09:26:56A
Record and Return To:
User / Station: J Morris - Cash Station 1
CITY SECRETARY
CITY OF THE COLONY
6800 MAIN ST
THE COLONY TX 75056
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THE STATE OF TEXAS}
COUNTY OF DENTON}
I hereby certify that this instrument was FILED in the File Number sequence on the date/time
printed heron, and was duly RECORDED In the Official Records of Denton County. Texas.
Cij.Atclu1.l
County Clerk
Denton County, Texas