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O-1437-7-96ORDINANCE NO. 1437-7-96 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUN'T'Y, TEXAS, ANNEXING THE HEREINAFTER -DESCRIBED TERRITORY TO THE CITY OF ALLEN, TEXAS, APPROX MATELY 163.08 ACRES LOCATED IN THE 1� JOHN SNIDER SURVEY, ABSTRACT NO. 848, COLLIN COUNTY, TEXAS, AND EXTENDING THE BOUNDARY LII&M OF THE CITY SO AS TO INCLUDE SAID HEREINAFTER -DESCRIBED PROPERTY VIMIIN THE CITY LB4M 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 0 SEVERABILITY CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE SAM i1rT11TA?T!'�i^. VT JV1Wuvi-.a.•i.. WHEREAS, the City Council of the City of Allen has heretofore received a petition signed by the owners of all of the property hereinafter described, requesting the annexation of said land into the corporate limits of the City of Allen; - and, WHEREAS, the City Council of the City of Allen finds that such petition is in writing, describes the area by metes and bounds, is duly acknowledged as required for deeds by each and every person or corporation having an interest in said land, has been properly filed with the City and fully complies with all the requirements of law; and, WHEREAS, after notices were duly published, public hearings on the proposed annexation were held by the City Council of Allen on June 20,1996, all in strict compliance with V.T.C.A., Local Government Code, Chapters 42 and 43; and, WHEREAS, the following described land is adjoining the present city limits of the City of Allen and the members of the City Council of the City of Allen have concluded that said area should be annexed and made a part of the City of Allen, Texas; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, THAT: SECH01i 1. Tli: +Prr.,ory be, and the same is hereby, annexed to include the said following -described territory within the city limits of the City of Allen, Texas, and the same; silall 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 Allen, Texas: Said land situated in Collin County, Texas, and hereby annexed is more fully described in Exhibit "A" attached hereto and made a part hereof as if copied in full herein. SECTION 2: In accordance with V.T.C.A., Local Government Code §43.056, attached hereto and made a part hereof for all purposes is the Service Plan providing for municipal services in the newly annexed area. SECTION 3: It is not the intention of the City of Allen 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 Allen, 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 Allen to annex only such territory as may be legally annexed by it within the above-described area. SECTION 4: This ordinance shall take effect from and after its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CTTY OF ALIEN, TEXAS, ON THE 18TH DAY OF jLjLy ,1996. " APPROVED: fig.. OF • i . �` rr , •< Kevin L. Lilly, WYOR IY0 r �yj! -,ATTORNEY Mo n, CMC, CITY SECRETARY Ordi;'Dance No. 1437-7-96 Page 2 I FIELD NOTES L 4247. FLD BEING a tract of land situated in Collin County, Texas and being part of the John Snider Survey, and being a re -survey of the same land conveyed by Mrs. Milton Whisenant to John M. Whisenant, deed dated December 12, 1949 recorded in Volume 408, Page 284 of the deed a records of Collin County, Texas and being more particularly described as follows; BEGINNING at a stake in the northwest comer of the said John Strider Survey, said stake being in the Southwest comer of the Simon Burns Survey, at the intersection of the center lines of two county roads; THENCE, S 89' 42' E, with the north line of the John Snider Survey, a distance of 5317.6 feet to a point for comer; THENCE, S 00' 20' E, with the east line of the John Snider Survey and the middle of the county road a distance of 1323.00 feet to a point for comer; THENCE, N 89' 54' W, a distance of 5341.6 feet to a point for comer; THENCE, N 00' 42' E, with the middle of said county road a distance of 1342.8 feet to the PLACE OF BEGINNING and containing 7,103,764 square feet or 163.08 acres of land; ORDINANCE NO. 1437-7-96 L3 /��:'{: Q�-J ,' __ 4 ,'• ��,',n stir - t_"= {:` .•dry g•-" r�.y�.,. - ' ORDINANCE NO. 1437-7-96 L3 I 121 -"-- CITY OF, ALLEN oil CITY ANNEXATION MAP JUNE 1996 ® I O - --r- --- ?----------------- O �..______ Q ICT nlfi[[D D,lq •10•i[l ICQ - � i __� ' ® ;I � 7 �J � •u[rIA•rLT►••ITCG rt :tt w is ' octy am,rnm umr3 }± 16 ------------ - - ---- '------------ 1 � ----- _ is :;%� . , /, t ♦<�e ;i I -_ _ I II iiia ' r � 1\ i• •® ------ _ ____ '''_ ___r�.__�___ ® '______ H__ ____� ,/,%��%%:: ,',�', •qx � rL,ni iii::3 L il ' I r '• ,y IN ---® Lei Ojam I [� •ll [" 1 ® �® H s IL1� u.�n I 1 O l� i-orr �I[,mtm, Srlcs � '�->•rrra•�„\ ///,, � 'Q ®� ✓% � /�%./ `I :��%. � �•f � r " , p,9.••�• ' 33 tri i •`i - i R1 • � N IrVia D-171 i •i' r--1 WE 1 X01[ 1 � � © 3 �f3[wIT[4T•Oxnrt s Return To: CITY SECRETARY Clty of Allen One Butler Circle Alien, Texas 75013 F, ANYHROyISION HEARN WHICH RFSTRICTS THE SAI', RENTAL, OA USF. OF THE DESCRIBED REAL i'RDPEATY RECAU C OF GOLOR GR RACL i5 !73L'f.! IG M4J UNENFORCEABLE UNDFR FEDERAL LAN (THE STATE OF TEYh".) i,^,OU` � v DF COL.,:!,) MnbyNrhfyMaltLis,nstruncntwasFILEDI,If,,0ieNumh rtia@i.!rCO In= tl�b Ind M3 tha Stumped h4Mn by.r4; ar!d %-.s Jury RCCE00(o, On the Official Public Rwrordo of f>.al PfOOrty of CoWn County, T.xu on J U r 2 3 1996 ALA-4tu*✓ . -7— ~ � w :AYNIY C�IIY�, Oi►WM C4YiRY, TW{A8 * *�� Filed for Record in: COLLIN COUNTY TX HONORABLE HELEN STARNES On 1996/07/23 At 11:11A Number: 96- 0061346 Type : OR 25.00 CITY OF ALLEN, COLLIN COUNTY, TEXAS SERVICE PLAN FOR ANNEXED AREA Annexation Ordinance No. 1437-7-96 Date of Adoption of Annexation Ordinance: July 18, 1996 Acreage Annexed: 163.08 Acres Survey, Abstract & County: Located in the John Snider Survey, Abstract No. 848, Collin County, Texas. Municipal Services to the acreage described above shall be furnished by or on behalf of the City of Allen, Texas, at the following levels and in accordance with the following schedule: A. S�R-Xice - 1. Patrolling, responses to calls, and other routine police services, within the limits of existing personnel and equipment, will be provided within 60 days of the effective date of the annexation ordinance. 2. As development and construction commence within this area, sufficient police personnel and equipment will be provided to furnish this area the maximum level of police services consistent with the characteristics of topography, land utilization, and population density within the area as determined by the City Council within four and one-half (4-12) years from the date of adoption of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Within four and one-half (4-1/2) years from the date of adoption of the annexation ordinance, the same level of police services will be provided to this area as are furnished throughout the city. B. Fire Services 1. Fire protection and emergency ambulance equipment by the present personnel and the present equipment of the Fire Department, within the limitations of available water and distances from existing fire stations, will be provided to this area within 60 days of the effective date of the annexation ordinance. 2. As development and construction of subdivisions commence within this area, sufficient fire and emergency ambulance equipment will be provided to furnish this area the maximum level of fire and emergency ambulance services consistent with the characteristics of topography, land utilization, and population density of the area, as determined by the City Council, within four and one-half (4-1/2) years from the date of adoption of the annexation ordinance, or upon commencement of development within this area, whichever occurs later. 3. Within four and one-half (4-12) years from the date of adoption of the annexation ordinance, the same level of fire and emergency ambulance services will be provided to this area as are furnished throughout the city. C. Environmental Health and Code Enforcement Services 1. Enforcement of the city's environmental health ordinances and regulations, including but not limited to weed and brush ordinances, junked and abandoned vehicle ordinances, and Q E F. animal control ordinances; '`shall be provided "Within this area within 60 days of the effective date of this annexation ordinance. These ordinances and regulations will be enforced through the use of existing personnel. Complaints of ordinance or regulation violations within this area will be answered and investigated by existing personnel within 60 days of the effective date of the annexation ordinance. 2. The city's building, plumbing, electrical, gas, heating and air conditioning, and all other construction codes will be enforced within this area beginning within 60 days of the effective date of the annexation ordinance. Existing personnel will be used to provide these services. 3. The city's zoning, subdivision, sign and other ordinances shall be enforced in this area beginning within 60 days of the effective date of the annexation ordinance. 4. All inspection services furnished by the City of Allen, but not mentioned above, will be prr,vided to this "-ren beginning vdthin 60 days of the effective date of the annexation ordinance. 5. Within four and one-half (4-1/2) years from the date of adoption of the annexation ordinance, sufficient personnel will be provided to furnish this area the same level of Environmental Health and Code Enforcement Services as are furnished throughout the city. Planning and Zoning Services The planning and zoning jurisdiction of the city will extend to this area within 60 days of the effective date of the annexation ordinance. City planning will thereafter encompass this property, and it shall be entitled to consideration for zoning in accordance with the city's Comprehensive Zoning Ordinance and Comprehensive Plan. Park and Recreation Services 1. Residents of this property may utilize all existing park and recreational services, facilities, and sites throughout the city, beginning within 60 days of the effective date of the annexation ordinance. 2. Additional facilities and sites to serve this property and its residents will be acquired, developed and maintained at locations and times provided by applicable plans, policies a:.d programs and decisions of the City of AJlen. This property will be included in all plans for providing parks and recreation services to the city. The same level of parks and recreation services shall be furnished to this property as is furnished throughout the city. 3. Existing parks, playgrounds, swimming pools and other recreational facilities within this property shall, upon dedication to and acceptance by the city, be maintained and operated by the City of Allen, but not otherwise. Solid Waste Collection 1. Solid waste collection shall be provided to the property in accordance with existing city policies, beginning within 60 days of the effective date of the annexation ordinance. Residents of this property utilizing private collection services at the time of annexation shall continue to do so until it becomes feasible because of increased density of population to serve the property municipally. 2. Within four and one-half (4-1/2) years from the date of adoption of the annexation Service Plan - Ordinance No. 1437-7-96 Pa 2 ordinance, solid waste collection shall be provided to this property in accordance with then current policies of the city as to frequency, charges and so forth. 3. Solid waste collection through the use of containers shall be available to this property through and in accordance with the terms of the city's contract with a designated solid waste collection agency, beginning within 60 days of the effective date of the annexation ordinance. G. Streets 1. The City of Allen's existing policies with regard to street maintenance, applicable throughout the entire city, shall apply to this property beginning within 60 days of the effective date of the annexation ordinance. Streets will be maintained by the City of Allen in their current condition and not improved to city standards until traffic warrants. The decision to improve a street is at the discretion of the City of Allen. 2. As development, improvement or construction of streets to city standards commences within this property, the policies of the City of Allen with regard to participation in the costs thereof, acceptance upon completion, and maintenance after completion, shall apply. 3. The same level of maintenance shall be provided to streets within this property as is provided to city streets throughout the city. 4. Street lighting installed on streets improved to city standards shall be maintained by the electric utility providing street light service in accordance with current city policies. H. Water Services 1. Connection to existing city water mains for water service for domestic, commercial, and industrial use within this property will be provided in accordance with existing city policies. Upon connection to existing mains, water will be provided at rates established by city ordinances for such service throughout the city. 2. As development and construction of subdivisions commence within this property, water mains of the city will be extended in accordance with provisions of the Subdivision Ordinance and other applicable ordinances and regulations. City participation in the costs of these extensions shall be in accordance with the applicable city ordinances and regulations. Such extensions will be commenced within four and one-half (4-12) years from the effective date of the annexation ordinance, or upon commencement of development of a si:bdivision_ within this property, whichever occurs later. 3. Water mains installed or improved to city standards which are within the annexed area and are within dedicated easements shall be maintained by the City of Allen beginning within 60 days of the effective date of the annexation ordinance. 4. Private water lines within this property shall be maintained by their owners, in accordance with existing policies applicable throughout the city. I. Sanitary Sewer Services 1. Connections to existing city sanitary sewer mains for sanitary sewage service in this area will be provided in accordance with existing city policies. Upon connection, sanitary sewage service will be provided at rates established by city ordinances for such service throughout the city. 2. Sanitary sewage mains and/or lift stations installed or improved to city standards, located Service Plan - Ordinance No. 1437-7-96 P e3 in dedicated easements, and which are within the annexed area and are connected to city mains shall be maintained by the City of Allen beginning within 60 days of the effective date of the annexation ordinance. 3. As development and construction of subdivisions commence within this area, sanitary sewer mains of the city will be extended in accordance with provisions of the Subdivision Ordinance and other applicable ordinances and regulations. City participation in the costs of these extensions shall be in accordance with applicable city ordinances and regulations. Such extensions will be commenced within four and one-half (4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development of a subdivision within the property, whichever occurs later. J. Miscellaneous 1. Any facility or building located within the annexed area and utilized by the City of Allen in providing services to the area will be maintained by the city commencing upon the date of use or within 60 days of the effective date of the annexation ordinance, whichever occurs later. 2. General municipal administration and administrative services of the city shall be available to the annexed area beginning within 60 days of the effective date of the annexation ordinance. 3. This plan further incorporates, where applicable, as though fully written herein, all requirements of V.T.C.A., Local Government Code §43.056 relating to the provision of municipal services to areas annexed by municipalities. 1437-7-96 Service Plan - Ordinance No. Pam 4 AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this day personally appeared DEBBIE TACKETT, who having been by me duly sworn, on oath deposes and says: That she is the General Manager of THE ALLEN AMERICAN, a newspaper published In COLLIN COUNTY, TEXAS, not less frequently than once a week, having a general circulation In said county, and having been published regularly and continously for more than twelve (12) months prior to publishing Irene H. Bedell 1 p.m. of which the attached Is a true and written copy, and which was published In THE ALLEN AMERICAN on June 8. 1996 and which was Issued on June 8 1996 by City of Allen of COLLIN COUNTY, TEXAS A printed copy of said public 'on is attached hereto. SUBS�gIBEDND SWORN to before me this p day A.D. 19 / 6 / -�- NOTARY PUBLIC In and for COLLIN COUNTY, TEXAS Publisher's fee S 19 .2 5 V. A. Tgt?D MY CQMMIS& EXPIRES December CITY OF ALLEN NOTICE OF PUBLIC HEARING Notice is hereby given that the Allen City Council has authorized a public hearing to be held on Thursday, June 20, 1996, at 1:00 p.m. in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas, to consider anexation of certain property into ,the City of Allen at the request of landowner Irene H. Bedell. This request is on property described as follows - 163t Acre Tract of Land Situated in the John Snyder Survey, Volume 408, Page 284, in Collin County, Texas. This property is generally located immediately south of Bethany Drive and west of Malone Road. Anyone wishing to speak either FOR or AGAINST this request is invited to attend this public hearing and voice his or her, opinion. For further information, contact the City Secretary's Department, City of Allen, One Butler Circle, Allen, Texas, or by telephoning 727-010./Judy Morrison City Secretary_ __ AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this day personally CITY OF ALLEN appeared DEBBIE TACKETT, who having been by me duly sworn, Notice is heerr NOTICE PUBLIC HEARING eby given that the Allen on oath deposes and says: itV_Council will.conduct a ublic_hearincl That she Is the General Manager of THE ALLEN AMERICAN, a to be held on Thursday, June 20, 1996, at 7:30 p.m.lin the Council Chambers of the newspaper published in COLLIN COUNTY, TEXAS, not less frequently than Allen Municipal Annex, One Butler Circle, once a week, having a general circulation in said county, and having been Allen, Texas, to consider anexation of certain property into the City of Allen at published regularly and continously for more than twelve (12) months the request of landowner Irene H. Bedell. on propertescribed y reqprior to publishing as folllows Ue it63± Acis re Land Situated in the John Snyder Survey, Irene H. Bedell 7:30 p.m. Volume 408, Page 284, in Collin County, Texas. of which the attached is a true and written copy, and which was published This property is generally located immediately south of Bethany Drive and In THE ALLEN AMERICAN on west of Malone Road. Anyone wishing to speak either FOR or June 8, 1996 AGAINST this request is invited to attend this public hearing and voice his or her and which was Issued on opinion. For further information, contact the City Secretary's Department, City of Allen, June 8 1996 One Butler Circle, Allen, Texas, or by '� telephoning 727-0105 by C 1 t y of Allen of COLLIN COUNTY, TEXAS /s/Judy Morrison ` _ _ City Secretary A printed copy of said publi tin is attached hereto. SUBS ✓�;IBED D WORN to before me this pTVp day A.D. 19 NOTARY PUBLIC in and for COLLIN COUNTY, TEXAS Publisher's fee $ 19 . 2 5 V. A. TOAD MY COMMISSION EXPIRES �,r: December 5, 1996 ••• lf0 ; ; ,.. AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this day personally appeared DEBBIE TACKETT, who having been by me duly sworn, on oath deposes and says: That she Is the General Manager of THE ALLEN AMERICAN, a newspaper published In COLLIN COUNTY, TEXAS, not less frequently than once a week, having a general circulation in said county, and having been published regularly and continously for more than twelve (12) months prior to publishing Ordinance #1437-7-96 of which the attached Is a true and written copy, and which was published In THE ALLEN AMERICAN on July 24 & July 27, 1996 and which was Issued on July 24, 1996 by City of Allen of COLLIN COUNTY, TEXAS A printed copy of said publication Is attached hereto. SUBSCRIBED AND S RN to before me this Z_ day, A.D. 19 NOTARY PUBLIC In and for COLLIN COUNTY, TEXAS Publishers fee $ 41 . 2 6 V. A. TODD ^n MY COMMiSSION EXPIRES December 5, 1996, CITY OF ALLEN PUBLIC NOTICE 2. Notice is hereby given that the Allen City Council adopted the following ordinance at their regular meeting held on Thursday, July 18, 1996 (Title only): Ordinance No. 1437-7-96: An Or finance o e pity o TFen, Collin County, Texas, Annexing the Hereinafter- Desribed Territory to the City of Allen, Approximately 163.08 Acres Located in the John Snider Survey, Abstract No. 848, Collin County, Texas, and Extending the Boundary Limits of the City so as to Include Said Hereinafter -Described Property Within the City Limits and Grant- ing 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. A copy of this ordinance may be read or purchased in the office of the City Secretary, City of Allen, One Butler Circle, Allen, Texas 75013. /s/Judy Morrison City secretary j CITY OF ALLEN PUBLIC NOTICE Notice is hereby given that the Allen City Council adopted the following ordinance at their regular meeting held on Thursday, July 18, 1996 (Title only): Ordinance No. 1437-7-96: An Or finance o t e--(7,ty o en, ollin County, Texas, Annexing the Hereinafter- Desribed Territory to the City of Allen,' Approximately 163.08 Acres Loc9ted in the John Snider Survey, Abstract No. 848, Collin County, Texas, and Extending the Boundary Limits of the City so as to Include Said Hereinafter -Described Property Within the City Limits and Grant- ing 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. A copy of this ordinance may be read or purchased in the office of the City Secretary, City of Allen, One Butler Circle, Allen, Texas 75013. /s/Judy Morrison City Secretary