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HomeMy WebLinkAboutOrdinance No. 2011-1898 CITY OF THE COLONY, TEXAS ORDINANCE NO. 2011- 1898 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, ANNEXING APPROXIMATELY 27.01 ACRES OF LAND, LOCATED IN THE CITY'S EXTRATERRITORIAL JURISDICTION AND ADJACENT AND CONTIGUOUS TO THE CITY OF THE COLONY, TEXAS, AS DESCRIBED AND DEPICTED IN EXHIBIT A, ATTACHED HERETO, AND GENERALLY KNOWN AS THE WATER'S EDGE SUBDIVISION; PROVIDING THAT SUCH AREAS SHALL BECOME A PART OF THE CITY AND THAT THE OWNERS AND ANY INHABITANTS THEREOF SHALL BE ENTITLED TO THE RIGHTS 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 OF THE COLONY, TEXAS, AS HERETOFORE ADOPTED; PROVIDING THAT THE CITY SECRETARY UNDERTAKE CERTAIN ACTIONS RELATIVE TO SAID ANNEXATION; PROVIDING FOR THE INCLUSION OF ANNEXED TERRITORIES WITHIN PLACE 4 OF THE CITY OF THE COLONY, TEXAS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR SAID ORDINANCE TO TAKE EFFECT AND BE IN FORCE FROM AND AFTER ITS PASSAGE. WHEREAS, the City Council of the City of The Colony, Texas, intends to annex approximately 27.01 acres of land, generally known as the Water's Edge Subdivision, and located in the Richard G. Dunlap Survey, Abstract No. 352, City of The Colony, Denton County, Texas, which is more particularly described and or depicted in Exhibit A, which is attached hereto and incorporated herein for all purposes (hereinafter referred to as the "Property"); and WHEREAS, the Property is adjacent to the City's limits, and is located within the extraterritorial jurisdiction of the City of The Colony, Texas; and WHEREAS, on or about March 5, 2007, the property owners of the Property, and the City of The Colony, Texas, entered into an agreement governing land in the extraterritorial jurisdiction of the City of The Colony, Texas (hereinafter referred to as the "Agreement"), further, said Agreement was authorized pursuant to Section 212.171 of the Texas Local Government Code, as amended; and I WHEREAS, Section 3.01 of the Agreement provided that the City of The Colony, Texas, could not annex the Property until on after January 1, 2011; and I WHEREAS, the City of The Colony, Texas, a home-rule municipality, pursuant to Chapter 43 of the Texas Local Government Code, as amended, and Sections 1.03 and 1.04 of the Home-Rule Charter of the City of The Colony, Texas, has instituted annexation proceedings to annex the Property which is adjacent and contiguous to the City, and said Property is described and depicted in Exhibit A, which is attached hereto and incorporated herein for all purposes; and WHEREAS, the City of The Colony, Texas, published and posted notice in the City's official newspaper and City's Internet website regarding the two (2) separate public hearings on the annexation, further said notices were published not more than twenty (20) days nor less than eleven (11) days prior to each of the public hearings, consistent with section 43.063(c) of the Texas Local Government Code; and WHEREAS, two (2) separate public hearings were conducted in accordance with section 43.063 of the Texas Local Government Code, and all required statutory notices pursuant to the Chapter 43 of the Texas Local Government Code have been accomplished; and WHEREAS, in accordance with Chapter 43 of the Texas Local Government Code, a service plan, attached hereto as Exhibit B and incorporated herein for all purposes, was prepared by the City Manager, or his designee, before the date that notice of the first public hearing was published and posted, which said plan was made available for inspection and explained at the public hearings conducted as herein described; and WHEREAS, the area to be annexed is contiguous and adjacent to the corporate limits of the City of The Colony, Texas, and meet all applicable size and shape requirements of state law governing eligibility for annexation. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. That the findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2. That the properties described and depicted in Exhibit A, attached hereto and incorporated herein for all purposes is hereby determined to be in the City's extraterritorial jurisdiction is hereby annexed and brought within the corporate limits of the City of The Colony, Denton County, Texas, and the same is hereby made a part of the City of The Colony, Texas. SECTION 3. That the service plan, attached hereto as Exhibit B and incorporated herein for all purposes, was submitted in accordance with Chapter 43 of the Texas Local Government Code and is hereby approved as part of this Ordinance, and is made a part thereof. SECTION 4. That the properties described and depicted in Exhibit A shall bear their pro rata share of the taxes levied by the City of The Colony, Texas, and any inhabitants of the area herein annexed shall be entitled to all of the rights, privileges, and responsibilities of other citizens of the City of The Colony, Texas, 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 are hereby amended so as to include the properties described and depicted in ExhibitA as part of the City of The Colony, Denton County, Texas. SECTION 6. That the City Secretary is hereby directed and authorized to perform or cause to be performed all acts necessary to effectuate this Ordinance, including but not limited to any corrections to the official map of the City of The Colony, Texas, and to add the territories hereby annexed as required by law. SECTION 7. That the official place voting map of the City of The Colony, Texas, heretofore adopted and amended be and are hereby amended so as to include the properties described and depicted in ExhibitA as within Place Number 4. SECTION 8. That the City Secretary is hereby directed and authorized to perform or cause to be performed all acts necessary to effectuate this Ordinance, including but not limited to any corrections to the official place map of the City of The Colony, Texas, and to add the territories hereby annexed. SECTION 9. That the City Manager and or City Attorney are hereby directed and authorized to file a certified copy of this Ordinance with the necessary governmental agencies, including the United States Department of Justice. SECTION 10. If any section, article paragraph, sentence, clause, phrase or word in this Ordinance, or application thereto any persons or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance; and the City Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 11. That all provisions of the Ordinances of the City of The Colony, Texas, in conflict with the provisions of this Ordinance be, and the same are hereby amended, repealed, and all other provisions of the Ordinances of the City not in conflict with the provisions of this Ordinance shall remain in full force and effect. SECTION 12. This Ordinance shall become effective from and after its date of passage in accordance with law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THIS 3rd day of MAY, 2011. Joe McCourry, Mayor j t ATTEST: Christie Wilson, City Secretary APPROVED AS TO FORM: J 6 ff MooiE, itY Attorney y, ~ Exhibft A Legal Description of Water's Edge Subdivision Being a tract of land situated in the Richard G. Dunlap Survey, Abstract No. 352, Denton County, Texas, and encompassing all of The Water's Edge, an addition to Denton County, Texas as recorded in Cabinet N, Page 18 of the Plat Records of Denton County, Texas, and also encompassing all of The Water's Edge, an addition to Denton County, Texas as recorded in Cabinet O, Page 138 of said Plat Records of Denton County, Texas, and also encompassing all of Water's Edge, an addition to Denton County, Texas as recorded in Cabinet P, Page 70 of said Plat Records of Denton County, Texas, said tract of land being more particularly described by metes and bounds as follows: REGMING at a point for the south corner of said The Water's Edge as recorded in Cabinet N, Page 18 of the Flat Records of Denton County, Texas, said point being in an east line of a tract of land described as Tract No. G-609 deeded to the United States of America as recorded in Volume 381, Page 173 of the Deed Records of Denton County, Texas, said point also being in the west line of a tract of land described as Tract No. G-601 deeded to the United States of America as recorded in Civil No. 772 of the District Court Records of the United States District Court for the Eastern District of Texas, Sherman Division; THENCE North 46 degrees 41 minutes 13 seconds West, with the westerly line of said The Water's Edge as recorded in Cabinet N, Page 18 of the Plat Records of Denton County, Texas, a distance of 394.93 feet to a point for corner; THENCE North 06 degrees 52 minutes 01 seconds West, with the westerly line of said The Water's Edge as recorded in Cabinet N, Page 18 of the Plat Records of Denton County, Texas, a distance of 390.86 feet to a point for corner; THENCE North 38 degrees 03 minutes 21 seconds West, with the westerly line of said The Water's Edge as recorded in Cabinet N, Page 18 of the Plat Records of Denton County, Texas, a distance of 479.87 feet to a point for corner; THENCE North 18 degrees 25 minutes 28 seconds East, with the westerly line of said The Water's Edge as recorded in Cabinet N, Page 18 of the Plat Records of Denton County, Texas, a distance of 14139 feet to a point for comer; THENCE North 40 degrees 54 minutes 11 seconds East, with the westerly line of said The Water's Edge as recorded in Cabinet N, Page 18 of the Plat Records of Denton County, Texas, a distance of 797.81 feet to a point for the northwest corner of said The Water's Edge as recorded in Cabinet N, Page 18 of the Plat Records of Denton County, Texas; THENCE South 58 degrees 49 minutes 36 seconds East, with the northerly line of said The Water's Edge as recorded in Cabinet N, Page 18 of the Plat Records of Denton County, Texas, a distance of 239.38 feet to a point comer; THENCE South 20 degrees 45 minutes 06 seconds East, with the northerly line of said The Water's Edge as recorded in Cabinet N, Page 18 of the Plat Records of Denton County, Texas, a distance of 452.61 feet to a point for comer; THENCE North 13 degrees 11 minutes 36 seconds East, with the northerly line of said The Water's Edge as recorded in Cabinet N, Page 18 of the Plat Records of Denton County, Texas, a distance of 374.23 feet to a point for corner; TIMNCE North 70 degrees 46 minutes 20 seconds East, with the northerly line of said The Water's Edge as recorded in Cabinet N, Page 18 of the Plat Records of Denton County, Texas, a distance of 267.58 feet to a point for the northeast comer of said The Water's Edge as recorded in Cabinet N, Page 18 of the Plat Records of Denton County, Texas, said point being in an existing west City Limit Line of The Colony and in the east line of said Tract G-609, said point also being in a west line of Garza- Little Elm Lake Estates, an addition to the City of The Colony, Denton County, Texas; THENCE South 00 degrees 09 minutes 17 seconds West, with the east line of said The Water's Edge as recorded in Cabinet N, Page 18 of the Plat Records of Denton County, Texas, with said existing west City Limit Line of The Colony, with the east line of said Tract G-609 and with the west line of said Garza-Little Elm Lake Estates, a distance of 933.56 feet to a point for an exterior ell comer in the east line of said The Water's Edge as recorded in Cabinet N, Page 18 of the Plat Records of Denton County, Texas and for an exterior ell corner in the east line of said Tract G-609, said point being an interior ell corner in said existing west City Limit Line of The Colony, said point also being the southeast corner of said Water's Edge as recorded in Cabinet P, Page 70 of said Plat Records of Denton County, Texas, said point also being the southwest corner of said Garza-Little Elea, Lake Estates, said point also being in the north line of Haven Hills Mobile Home Estates, an addition to the City of the Colony, Denton County, Texas; THENCE North 89 degrees 53 minutes 06 seconds West, with the east lime of said The Water's Edge as recorded in Cabinet N, Page 18 of the Plat Records of Denton County, Texas, with the south line of said Water's Edge as recorded in Cabinet P, Page 70 of said Plat Records of Denton County, Texas, with said existing west City Limit Line of The Colony, with the east Be of said Tract G-609 and with the north line of said Haven Hills Mobile Home Estates, a distance of 654.12 feet to a point for an interior ell comer of said The Water's Edge as recorded in Cabinet N, Page 18 of the Plat Records of Denton County, Texas and for an interior ell corner in the east line of said Tract G-609, said point being an exterior ell corner in said existing west City Limit Line of The Colony, said point also being the northwest corner of said Haven Hills Mobile Home Estates; THENCE South 00 degrees 01 minutes 45 seconds East, with the east line of said The Water's Edge as recorded in Cabinet N, Page 18 of the Plat Records of Denton County, Texas, with said existing west City Limit Line of The Colony, with the east line of said Tract G-609 and with the west line of said Haven Hills Mobile Horne Estates, passing at a distance of 500.00 feet a point for an exterior ell comer in said existing west City Limit Line of The Colony, said point being the southwest corner of said Haven Hills Mobile Home Estates and the northwest corner of said Tract No. G-601, in all, a distance of 794.48 feet to the POINT OF BEGINNING, and containing 1,176,635 square feet or 27.012 acres of land, more or less. Note: (1) Basis of Bearing is referenced to the plat of The Water's Edge, an addition to Denton County, Texas as recorded in Cabinet N, Page 18 of the Plat Records of Denton County, Texas .i `"r q EXHIBIT A r „ff ~Yu Nd YY .y N'Vr ,1 %IYI/V- 461 vt I„''6 LMld714'.1~laM~ IL IIIW~~Iw,I,'Q17 rl M.a p'7iii° .I '-t rtR1IlV R OCla.4• NNVF1'.Mf11<ACTA4.KY t 0`" 1'~pp ti f x j 18\ .w~ Nr`r ' aCRt I'•Itl0' ~ / 10 r~ , • 128 /17 f r n asr ' v 2a o £8 w /15 26 !4 p`Z y~~wrtNw 1~ l"L / f9. ra ! N. 1 3 ax~ / ~,Q•`' ~4. ~ ,e w n2a~iw I ~ / ~ 12'k• W n.p.lJ' I • D ~r. oac~ i!t •.~J~ $ I y X21 24'"`r I ~ ~ ur. ~ S ,6i' 1 ~ A a rry : - C 12 c. 7 M olcR r alav CQ f 3 22 ~ ~ 83 13 j WA1ER'9 EDGE DRIVE 00' ROW . '~qq,, 6• 5 4 3 I y 2 .I I.rw 'w vel wwrwctrzr *Ir"oir'° ; ler. `aY*> ue. I lar) am• urt an. Lprl 1_ t C' 6 to ur°~t lit TYMCk ~ ocru. 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KERN StiRVEYING INC. ~ i P.0.6OX 507 KRUM, TX. 76249 rr rori' '~.i- l', , - rr. lrNrrr..s (214) 210-4070 nYl e:y' R b rera , sun Yn .n-.r m u Y.e.Y r~' Exhibit B Service Plan for Annexed Territories CITY OF THE COLONY, TEXAS ANNEXATION SERVICE PLAN FOR WATER'S EDGE SUBDIVISION DATE OF ANNEXATION ORDINANCE: May 3, 2011 ACREAGE ANNEXED: ExhibitA - 27.01 acres of land PROPERTY DESCRIPTION: See ExhibitA attached to the annexation ordinance. Municipal Services to the acreage described above shall be furnished by or on behalf of the City of The Colony, Texas ("City") at the following levels and in accordance with the following schedule: A. POLICE PROTECTION: 1. Police personnel and equipment from The Colony Police Department shall be provided to the areas annexed, at a level consistent with current methods and procedures presently provided to similar areas, on the effective date of this ordinance. 2. As development commences in these areas, sufficient police protection, including personnel and equipment will be provided to furnish these areas with the level of police services consistent with the characteristics of topography, land utilization and population density of the areas. 3. Upon ultimate development, police protection will be provided at a level consistent with other similarly situated areas within the City limits. B. FIRE PROTECTION / EMERGENCY MEDICAL SERVICES: 1. Fire protection and Emergency Medical Services (EMS) from the City shall be provided to the areas annexed, at a level consistent with current methods and procedures presently provided to similar areas, on the effective date of this ordinance. 2. As development commences in these areas, sufficient fire protection and EMS, including personnel and equipment will be provided to furnish these areas with the level of services consistent with the characteristics of topography, land utilization and population density of the areas. It is anticipated that fire stations planned to serve areas currently within the City will be sufficient to serve areas now being considered for annexation. 3. Upon ultimate development, fire protection and EMS will be provided at a level consistent with other similarly situated areas within the City limits. C. FIRE PREVENTION: The services of The Colony Fire Department shall be provided to the areas on the effective date of this ordinance. D. SOLID WASTE COLLECTION: 1. Solid waste collection shall be provided to the areas annexed upon request on the effective date of this ordinance. The collection of refuse from individual properties shall be made in accordance with the usual Sanitation Department scheduling. 2. As development commences in these areas, sufficient solid waste collection will be provided to furnish the level of services consistent with the characteristics of topography, land utilization, and population density of the areas. 3. Upon ultimate development, solid waste collection will be provided at a level consistent with other similarly situated areas within the city limits. E. WATER SERVICE (To be provided only in those areas that are not within the service area of another water or wastewater utility): 1. Connection to existing City water mains for water service is already provided in accordance with existing City policies. Upon connection to existing mains, water will be provided at rates established by City ordinances. 2. As development commences within these areas, water mains will be extended in accordance with the provisions of the City Code and/or other applicable ordinances and regulations. City participation in the costs of these extensions shall be in accordance with applicable City ordinances and regulations. Capacity shall be provided consistent with the characteristics of topography, land utilization, and population density of the areas. 3. Water mains installed or improved to City standards within the annexed areas which are located within dedicated easements, rights-of-way, or any other acceptable location approved by the City Engineer, shall be maintained by the City on the effective date of this ordinance. 4. Maintenance of private lines will be the responsibility of the owner or occupant. 5. Operation and maintenance of water facilities in the annexed area that are within the service area of another water utility will be the responsibility that utility. F. SANITARY SEWER SERVICE (To be provided only in those areas that are not within the service area of another water or wastewater utility): 1. Connection to existing City sanitary sewer mains for sewage service is already provided in accordance with existing City policies. Upon connection to existing mains, sanitary sewer collection will be provided at rates established by City ordinances. 2. As development commences in these areas, sanitary sewer mains will be extended in accordance with the provisions of the City Code and/or other applicable ordinances and regulations. City participation in the costs of these extensions shall be in accordance with applicable City ordinances and regulations. Capacity shall be provided consistent with the characteristics of topography, land utilization, and population density of the areas. 3. Sanitary sewer mains and lift stations installed or improved to City standards within the annexed areas which are located within dedicated easement, rights-of- way, or any other acceptable location approved by the City Engineer, shall be maintained by the City on the effective date of this ordinance. 4. Operation and maintenance of wastewater facilities in the annexed areas that are within the service area of another water utility will be the responsibility that utility. 5. Operation and maintenance of private wastewater facilities in the annexed area will be the responsibility of the owner. G. STREETS: 1. Emergency street maintenance shall be provided for publicly dedicated streets or roads within these areas on the effective date of this ordinance. Gated streets are not considered publicly dedicated streets or roads. Routine maintenance will be scheduled as part of the City's annual street maintenance program in accordance with the then current policies and procedures defined by ordinance. 2. As development commences in these areas, all publicly dedicated streets shall be constructed to current City standards. The regulations and ordinance regarding City participation, maintenance and acceptance upon completion, shall apply. Maintenance will be provided at a level consistent with the characteristics of topography, land utilization, and population density of the area. H. PARKS AND RECREATION: 1. Any residents within the areas annexed may utilize all existing park and recreation facilities, on the effective date of this ordinance. Fees for such usage shall be in accordance with current fees established by ordinance. 2. As development commences in these areas, additional park and recreation facilities shall be constructed based on park policies defined in the City' Master Plan. The general planned locations and classifications of parks will ultimately serve residents from the current City limits and residents from areas being considered for annexation. 1. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES: 1. Enforcement of current environmental health ordinances and regulations, including but not limited to, weed and brush ordinances, junked and abandoned vehicles ordinances and animal control ordinances, shall begin within these areas within sixty (60) days of the effective date of this ordinance. 2. Inspection services, including but not limited to, the review of building plans, the issuance of permits and the inspection of all buildings, plumbing, mechanical, and electrical work to ensure compliance with City codes and ordinances will be provided within sixty (60) days of the effective date of this ordinance. 3. As development commences in this areas, the City shall provide the level of Environmental Health and Code Enforcement Services as are furnished in other similarly situated areas throughout the City. J. MISCELLANEOUS: Any publicly owned facility, building, or service located within the annexed area shall be maintained by the City on the effective date of the annexation ordinance.