HomeMy WebLinkAboutOrdinance No. 08-1765
CITY OF THE COLONY, TEXAS
ORDINANCE NO. 08-1765
AN ORDINANCE OF THE CITY OF THE COLONY, ANNEXING THE
HEREAFTER DESCRIBED 13.283 ACRE TRACT OF LAND TO THE CITY OF
THE COLONY, TEXAS, AND EXTENDING THE BOUNDARY LIMITS OF THE
CITY SO AS TO INCLUDE SAID PROPERTY WITHIN THE CITY LIMITS AND
GRANTING TO ALL INHABITANTS AND OWNERS OF SAID PROPERTY ALL
OF THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING ALL
INHABITANTS BY ALL THE ORDINANCES, ACTS, RESOLUTIONS AND
REGULATIONS OF SAID CITY; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING FOR THE EFFECTIVE DATE OF SAID ORDINANCE.
WHEREAS, the City Council of the City of The Colony has, after notice was duly
published, conducted public hearings in strict compliance with chapter 43, Texas Local Government
Code; and,
WHEREAS, the following described land is adjoining the present City limits of the City of
The Colony and is within its exclusive extraterritorial jurisdiction, and the members of the City
Council of the City of The Colony have concluded that said area should be annexed and made a part
ofthe City of The Colony, Texas; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY,
TEXAS:
SECTION 1. That the hereafter described 13.283 acre tract of land is hereby annexed to
include the said tract of land within the City limits of the City of The Colony, Texas, and the same
shall hereafter be included within the territorial limits of the said City, and the inhabitants thereof
shall hereafter be entitled to all rights and privileges of other citizens of the City and shall be bound
by the ordinances, acts, resolutions and regulations of said City of The Colony, Texas. Said 13.283
acre tract of land situated in Denton County, Texas, is more fully described in Exhibit "A" attached
hereto and made a part hereof the same as if copied in full herein.
SECTION 2. That it is not the intention of the City of The Colony to annex any territory
not legally subject to being annexed by the City, and should any portion of the above-described area
not be subject to legal annexation by the City of The Colony, such fact shall not prevent the City
from annexing such territory which is subject to legal annexation by the City, and it is the intention
of the City of The Colony to annex only such territory as may be legally annexed by it within the
above described area.
SECTION 3. That the annexation service plan required by Chapter 43 of the Texas Local
Government Code is approved and attached hereto as Exhibit B.
SECTION 4. That this ordinance shall take effect immediately from and after its passage.
77\ day
DULY PASSED by the City Council of the City of The Colony, Texas, on the
of ~ 11 2008.
APPROVED AS TO FORM:
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CITY ATTORNEY
(RLD/12-31-07)(ORD23460)
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APPROVED:
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CITY ECRETARY
Carrolllon -I-Iebron- The Colony
Boundary Adjustment
Exhibit 5
Page J 0[2
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Being a 13.283 acre tract of land situated in the Samuel B. Evans Survey, Abstract No. 397 being
more particularly described as follows:
BEGINNING at a point on a curve to the right on the common City Limit lines of the City of
The Colony and the City of Hebron, from which the beginning point of Carroll ton Ordinance No.
1330 bears South 40054'32" West for a distance of 4,113.72 feet and the City of Carroll ton GPS
monument labeled "COC 10" bears North 38050'43" East for a distance of2,476.07 feet;
THENCE along said curve to the right having a radius of 2000.00 feet, an arc length of 634.21
feet and a central angle of 18010'07", being subtended by a chord of North 80004'59" East for a
distance of 631.55 feet;
THENCE North 89010'03" East for a distance of 300.00 feet to a point on the centerline of Piano
Parkway (a variable width right-of-way);
THENCE South 00049'57" East along said centerline of Piano Parkway for a distance of 50.00
feet and the beginning of a curve to the right;
THENCE along said centerline of Piano Parkway and curve to the right having a radius of
1250.00 feet, an arc length of 1007.03 feet and a central angle of 46009'32", being subtended by
a chord of South 22014'49" West for a distance of980.02 feet;
THENCE North 44040'25" West departing said centerline of PIano Parkway for a distance of
570.00 feet;
THENCE North 19000'04" West for a distance of 463.87 feet to the POINT OF BEGINNING;
Said property contains 13.283 acres.
Course Bearing
11 500.49'57"[
L2 R= 1250.00'
Ton: 532.64'
Chd: 522"14'49" W
L3 N44'40'25 'W
L4 N19'OO'04"W
L5 R= 2000.00'
Ton: 319.79'
Chd: N80'04'59" [
L6 N89'10'03"[
POINT OF
BEGINNING
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Distance
50.00'
L= 1007:03'
CA: 46.09'32"
980.02'
570.00'
463.87'
L= 634.21'
CA: 18'10'07"
631.55'
300.00
Carrollton-Hebron-The Colony
Boundary Adjustment ,.,
(Exhibit 5) ~
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This document, prepared under 22 TAC 663.21. does not reflect the
results of an on the ground survey, and is not to be used to conveyor
establish interests in real property except those rights and interest
supplied or established by the creation or reconfiguration of the boundary
of the political subdivision for which it was prepared.
'.-500'
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EXHIBIT B- ANNEXATION SERVICE PLAN
In connection with the annexation of the tract of land by the City of The Colony, Denton County,
Texas, described in Exhibit "A", the following service plan is adopted as required by Section
43.056 of the TEXAS LOCAL GOVERNMENT CODE.
The City of The Colony will, to the extent it provides or authorizes such services itself or
through contractual arrangements with other entities, provide the following services in the area
upon the effective date of the annexation of the area:
(1) Police protection;
(2) Fire protection;
(3) Solid waste collection;
(4) Maintenance of water and wastewater facilities in the annexed area that are not within
the service area of another water or wastewater utility;
(5) Maintenance and operation of roads and streets, including road and street lighting;
(6) Maintenance and operation of parks, playgrounds, and swimming pools;
(7) Maintenance and operation of any other publicly owned facility, building or service;
and
(8) Emergency medical services.
The City of The Colony will also provide other services such as planning, zoning, code
enforcement, subdivision regulation, animal control, court, construction codes and general
administration, to the extent it now provides any such service, on the effective date of the
annexation. Capital services will be provided to the area in accordance with the development
regulations of the City of The Colony at the sole cost of the developers thereof.
Miscellaneous Provisions:
(1) This service plan is valid for ten years. Renewal of the servIce plan IS at the
discretion of the City of The Colony.
(2) This service plan does not require 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 service.
Exhibit "B" - Page 1
(3) This service plan shall not be amended unless public hearings are held in accordance
with V.T.C.A., Local Government Code, Section 43.052.
(4) This service plan is adopted as Exhibit "B" to the Ordinance annexing the property
described in Exhibit "A" to the City of The Colony. The City shall provide the area or cause the
area to be provided with services in accordance with this service plan.
Exhibit "B" - Page 2