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HomeMy WebLinkAboutO-527-7-84600K2293 4042 3923 ORDINANCE NO. 5 2 7- 7- 8 4 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ANNEXING THE HEREINAFTER -DESCRIBED TERRITORY TO THE CITY OF ALLEN, TEXAS, APPROXIMATELY 167.4917 ACRES LOCATED IN THE CATHERINE PARSONS SURVEY, ABSTRACT NO. 711, COLLIN COUNTY, TEXAS, AND EXTENDING THE BOUNDARY LIMITS OF THE CITY SO AS TO INCLUDE SAID HEREINAFTER -DESCRIBED 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 Allen has heretofore received a petition signed by the owners of all of the property hereinafter described, requesting the annexation of such 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, such territory is contiguous and adjacent to the corporate limits of the City of Allen and does not exceed one-half (1/2) mile in width; and, WHEREAS, after notices were duly published, and public hearings on the proposed annexation were held by the City of Allen and the City Council of Allen on June 21, 1984, all in strict compliance with Article 970x, V.A.T.C.S.; 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: SECTION 1. That the following described territory be, and the same is hereby, Ordinance No. 527-7-84 - Page 1 ' l wV-93 w743 4J annexed to include the said following described territory within the city limits of the City of Allen, 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 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. That in accordance with House Bill 1952 of the 67th Legislature, effective September 1, 1'981, 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. That 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. That this ordinance shall take effect from and after its passage. DULY PASSED by the City Council of the City of Allen, Collin County, Texas, this the 19th Y h. ,i OF LLllll ` . V day of Jul VED AS TO FORM: A. Don r ty Attorney 1984. APPROVED: my#40=17- Donald P. Rodenbaugh ATTEST: M CL Marty Hendrix, City Jecretary Ordinance No. 527-7-84 - Page 2 eoox2293 PAGE744 - Attachment to Ordinance No. 527-7-84 # 84003 1-24-84 PROPERTY DESCRIPTION BEING a tract of land in the Ca tberine Parsons Survey, Abstract Number 711, situated in Collin County, Texas,- and also being a part of that certain 174.057 acre tract of land conveyed to H. Nolsen by deed recorded in Volume 580, Page 123 of the Deed Records of Collin County, Texas, and - being more particularly described as follows: BEGIN4ING at a fence corner post at the Northeast corner of said 174.057 acre tract on the East line of the Parsons Survey; THENCE South 1003'04" East along a fence on the East line of said Parsons Survev and the East line of the 174.057 acre tract, 825.02 feet to a fence post; THENCE South 1015'03" East, continuing along a fence. a portion of the distance along the East line of the Parsons Survey and the East line of the 174.057 acre tract, 1321.20 feet to an iron rod on the North right-of- way line of McDermott Road (F.N. 2170), said point being on a curve to the left having a tangent bearing of South 87037'52" West at this point; THENCE along said North right-of-way line of McDermott Road (F.M. 2170) as follows: Southwesterly along said curve to the left having a central angle of 33021'52", a radius of 868.51 feet and a tangent of 260.27 feet, an arc distance of 505.75 feet to an iron rod; South 54016' West, 267.1 feet to an iron rod at the beginning of a curve to the right; Southwesterly along said curve to the right having a central angle of 35°15', a radius of 768.51 feet and a tangent of 244.15 feet, an arc distance of 472.81 feet to a wooden highway marker; South 89'31' West, 1438.74 feet to a wood*en highway marker; North 0'29' West, 20.0 feet to a wooden highway marker; South 89'31' West, 154.43 feet to the centerline of a creek; THENCE along the centerline of said creek as follows: North 3'06' West, 143.6 feet; North 50015' West, 105.0 feet; South 77'23' West, 243.0 feet; North 27001' West, 127.0 feet; -------- North 54'05' East, 285.5 feet; North 36'57' East, 184.5 feet; North 41046' West, 544.0 feet; North 19'04' West, 141.0 feet; North 58059' East, 338.5 feet; North 26045' West, 512.0 feet; North 63043' East, 213.5 feet; North 41'32' East, 299.0 feet; North 18'22' West, 539.9 feet to the Northwest corner of the 174.057 acre tract; THEiCE North 89'41'04" East 41ong the North line of said 174.057 acre tract, 2850.23 feet to the PLACE OF BEGINNING, and contr.ining 167.4914 acres of land. The plat hereon is a true, correct and accurate representation of the property as determined by survey, subject to any and all easements, reservations, and restrictions that may be of record, the line and di- mensions of said property being as indicated by the plat. There are no encroachments, conflicts, or protrusions, except as shown. Date George G. Pewitt Registered Public Surveyor wx2293 mE745 CITY OF ALLEN, COLLIN COUNTY, TEXAS SERVICE PLAN FOR ANNEXED AREA Annexation Ordinance No. 5 2 7- 7- 8 4 Date of Adoption of Annexation Ordinance: July 19, 1984 Acreage Annexed: Approximately 167.4917 Acres Survey, Abstract do County: Located in the Catherine Parsons Survey, Abstract No. 711, 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. Police Service 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 two and one-half (2-1/2) years from the date of adoption of the annexation ordinance, or upon commencement of development within the area,whichever occurs later. 3. Upon ultimate development of the area, 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 Ordinance No. 527-7-84 Service Plan - Page 1 BOUK2293 PnE746 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 utiliziation, and population density of the area, as determined by the City Council, within two and one-half (2-1/2) years from the date of adoption of the annexation ordinance, or upon commencement of development within this area, whichever occurs later. 3. Upon ultimate development of the area, 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 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 Ordinance No. 5 2 7- 7- 8 4 Service Plan - Page 2 BOOK2273 P&GE74 mentioned above, will be provided to this area beginning within 60 days of the effective date of the annexation ordinance. 5. As development and construction commence within this area, 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. D. 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. E. 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 and programs and decisions of the City of Allen. 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. F. 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 Ordinance No. 5 2 7- 7- 8 4 Service Plan - Page 3 iggq 9-253 nPA 7,48 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. As development and construction commence within this property, and population density increases to the property level, 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. Unless a street within this property has been constructed or is improved to the city's standards and specifications, that street will not be maintained by 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 which have been accepted by the City of Allen as is provided to city streets throughout the city. 4. Street lighting installed on streets improved to city standards shall be maintained by Texas Power do Light Company in accordance with current city policies. H. Water Services 1. Connection to existing city water mains for water service for Ordinance No. 5 2 7- 7- 8 4 Service Plan - Page 4 wx2293 P,049 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 two and one-half (2-1/2) years from the effective date of the annexation ordinance, or upon commencement of development of a subdivision 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. L 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 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. Ordinance No. 5 2 7- 7- 8 4 Service Plan - Page 5 D2 ` 93 paci£` 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 r R+ and regulations. Such extensions will be commenced within two and one- half 011M years from the effective date of the annexation ordinance, or ,.•ni`ti. 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. Ordinance No. 527-7-84 Service Plan - Page 6 1966 ,lA�i 21 ASI 37 HELEN OCULI. N C4'J; AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN Charles F. Barnard, Jr. BEFORE ME, the undersigned authority, on this day personally appeared XXXISXXXX X STE X NX, who having been by me duly sworn, on oath deposes and says: That he is publisher of THE ALLEN AMERICAN, a newspaper published in Collin County, Texas, not less fre- quently than once a week, having a general circulation in said county, and having been published regularly and con- tinuously for more than twelve months prior to publishing Notice of Public Hearing of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on 6/11/84 and which was issued on 6/11/84 , by City of Allen of Collin County, Texas. A printed copy of said publication is attached hereto. SUBSCRIBED AND SWORN to before me this 12th 4a of —July , A.D. 19 8 4 c Notary Public in and for Collin County, Texas Publisher's Fee $ Dianne Kerr Commission Expires 10/14/87 4_0 0 NOTICE OF PUBLIC HEARING Notice is hereby given that the city of Allen will conduct a public hearing at 1 p.m.' on Thursday, June 21, 1984, in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas to -consider- a -re- quest to annex 167.4914 acres of land out of the Catherine Parsons Survey; Abstract No. 711 of Collin Courity,'located north of F.M. 2170, west of U.S. 75 and east of Watters Branch, as re- questdd by Thomas M. Gaubert - of,.; the Southwest{ Advanced', Financial Corpdration. Anyode wishing to. speak either 'FOR or AGAINST -this request is invited to attend this hearing and voice their opinion. For further informa- tion, contact the Allen Municipal Annex at 727.9171 1 o? (metro) 424-7518. City Secr6t. (Published in The All American on Mondi June 11.,1984.) AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN Charles F. Barnard, Jr. BEFORE ME, the undersigned authority, on this day personally appeared ffA)C$JC IBX X 8 TEjNX who having been by me duly sworn, on oath deposes and says: That he is publisher of THE ALLEN AMERICAN, a newspaper published in Collin County, Texas, not less fre- quently than once a week, having a general circulation in said county, and having been published regularly and con- tinuelisly for more than twelve months prior to publishing Notice of Public Hearing of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on 6/11/84 and which was issued on 611 1/84 , by City of Allen of Collin County, Texas. A printed copy of said publication is attached hereto. SUBSCRIBED AND SWORN to before me this 12th day of July , A.D. 19 8 4 :�\� �, 6-A " ' " -)_,� Notary Public in and for Collin County, Texas Publisher's Fee $ Dianne Kerr Commission Expires 10/14/87 -9-1 CITY OF ALLEN NOTICE OF ' PUBLIC HEAR14G Notice is hereby given that the Allen City Coun- cil will conduct a public hearing at 7:30 p.m. on Thursday, June 21, 1984, in the Council Chambers of the Allen. Municipal Annex, One Butler Cir- cle; -Allen, Texas, to con- sider a, request 'for an- nexation of 167.4917 acres of land out of the Catherine Pasons Survey, Abstract No. 711 of Collin County, located north of F.M. 2170,1 west of 'U.S. 75 and east of Watters Branch, as re- quested by Thomas M. Gaubert of the Southwest Advanced Financial Corporation. Anyone wishing to speak either_ FOR or AGAINST this.request is invited to attend this hearing and- voice thier opinion. For(: further informa- tion, contact the Allen Municipal Annex at 727.9171 or X(metro) 424-7518. Marty Hendrix pity Secretary (Publish d'In'The•Allen American on Monday, Juni 11, 1984.). j,, r AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN Charles F. Barnard, Jr. BEFORE ME, the undersigned authority, on this day personally appeared M)&,X M, who having been by me duly sworn, on oath deposes and says: That he is publisher of THE ALLEN AMERICAN, a newspaper published in Collin County, Texas, not less fre- quently than once a week, having a general circulation in said county, and having been published regularly and con- tinuously for more than twelve months prior to publishing Ordinance No. 527-7-84, 528-7-84 4 of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on ' July 23, 1984 and July 26, 1984 and which was issued on 1 u 1y 9 3 Y 1984 , by of Collin County, Texas. A printed copy of said publication is attache hereto. l:7 .6 SUBSCRIBED AND SWORN to before me this 7th day of August , A.D. 19 84 Notary Public in and for Collin County, Texas Publisher's Fee $ Dianne Kerr Commission Expires 10/14/87 '. CITY OF ALLEN • PUBLIC NOTICE* `Notice is hereby give that the following or dinances were adopted by the Allen City Council at their regular meeting held on Thursday, July Y OF ALLEN 19, 1984 (Title and Penal- LIC NOTICEty Clauses only.) eIt hereby given F Ordinance No. I 1 e' following or-. 527.7.84: An Ordinances'were adopted=of the City of Allen, Col- llen City Council lin County, Texas, An-' at their regular meeting-, nexing the Hereinafter- held ion Thlursday, July Described Territory to r 19, 1984 (Title and Penal. the City of Allen, Texas, ty Clauses only.) Approkimately 167.4917 J _ Acres Located.in the i' Ordinance o.; Catherine Parsons 527.7.84: An Ordinance Survey„Abstract No. 711, of the City of Allen, Col - Collin County, Texas, lin County, Texas, An- and Extending the Boun- nexing the Hereinafter• dary Limits of the City so Described Territory to as to Include Said the City of Allen, Texas, Hereinafter -Described+ Approximately 167.4917 Property Within the City Acres Located in the Limits and Granting to Catherine Z Parsons all Inhabitants and, Survey, Abstract No. 711, Owners of Said Property Collin County; Texas, all of the Rights and and Extending the Boun- Privileges of Other Citizens and Binding,all dart' Limits of the City so I -Include Inhabitants by All the Or- as to -.Said 1Hereinafter-Described dinances, Acts, Resolu- Property Within'the City tions and Regulations of Limits and .Granting to Said City; Providing a all Inhabitants and Severability Clause; and Owners of Said Prbperty Providing for the Effec- all of the Rights and tive Date of Said Or- Privileges of Other dinance. Citizens and BinjJing all Ordinance No. ` Inhabitants by All the Or - 528.7.84: An Ordinance dinances; Acts, Resolu- Authorizing the Issuance tions and Regulations of of "City of Allen, Texas” Said City;Providing a I General t Obligation Severability -Clause; and.l Bonds, Series 1984"; Le- Providing for the Effec- vying a ;.Continuing tive Date of 'Said `Or - Direct Annual Ad dinance. U. Valorem Tax for the Pay- Ordinance No. ! ment'of Said Bonds; and 528.7.84: An-40rdinance Resolving Other Matters Authorizing the, Issuance Incident and Related to of "City.of Allen, Texas" the Issuance, Sale, Pay- General Obligation ment, and Delivery of Bonds, Series,1984"; Le - Said Bonds; and Pro- vying a Cbrntinuing viding an Effective Date. Direct Annual Ad Copies of ''these or- Valorem Tax for the Pay- dinances may be read or ment of Said Bonds; and purchased in the office Resolving Other Matters of thb City Secretary, , Allen Municipal Annex,'�� �- - One Butler Circle, Allen, 1 y Texas.y .r " f ` Marty Hendrix, City Secrete (Published in The Allen, American on Monday, July 23, 1984; and Thurs- 7the Issuance, Sale, Pay- ment, and Delivery of Said Bonds; and Pro- viding an Effective Date. Copies bf, "hese or- dinances may be read or purchasedsIn the, office of the City Secretary, Allen •°Municipal Annex, One Butler Circle, Allen, Texas! t % - ' ' +, f• Marty Hendrix, City Secretary (Published - in • The Allen American on Monday, July 23, 1984; and Thurs. CITY OF ALLEN ORDINANCES & RESOLUTIONS YEAR ' `1 y y ORDINANCE/RESOLUTION 5a rl DRAWINGS) LOCATED HERE IN THE FILE, WERE FILMED ON A (number) 35MM MICROFILM ROLL. THE ORIGINAL ROLL WAS DUPLICATED, AND THE DUPLICATE ROLL LOADED INTO MICROFILM JACKETS. The 35mm microfilm jackets for the entire year are filed at the end of all 16mm microfilm jackets for that year. All 16mm and 35mm jackets are consecutively numbered. gPr•�Y[y �.,y 1, ..• d( r. 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