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HomeMy WebLinkAboutO-602-4-8543535 wxVV PAA l ORDINANCE NO. 602-4-85 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ANNEXING THE HEREINAFTER -DESCRIBED TERRITORY TO THE CITY OF ALLEN, TEXAS, APPROXIMATELY 160.77 ACRES LOCATED IN THE MARY STANDIFER SURVEY, ABSTRACT NO. 812, 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, ALPS, 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, 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 March 21, 1985, all in strict compliance with Article 970a, 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, 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 Ordinance No. 6 0 2- 4- 8 5 - Page 1 BtiDK'���� PhGEJ�� 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 nereto 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, 1981, 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 18th day of APRIL , 1985. A OV D AS TO FORM: A. Don C-To%cTer, City Attorney APPROVED: On Donald P. Rodenbaugh, Mayor4Rk a, ATTEST: Marty Hendrix, Ci ISecretary Ordinance No. 602-4-85 - Page 2 Attachment to Ordinance No. 602-4-85 wxVN2 e 319 DESCRIPTION 160.770 Acres of Land SITUATED in Collin County, Texas, in the Mary Standifer Survey, Abstract No. 812, being a resurvey of the 160 acres of land described in a deed from W.F. Bush, and wife, Eula M. Bush to M. Whisenant, recorded in Volume 261, Page 494 of the Collin County Deed Records, being described by metes and bounds as follows: BEGINNING at a 5/8 inch rebar found 6 inches below the surface of an east -west rock road (Rowlett Road, same being County Road No. 113) with the extension of an old fence and hedge row from the north and a dirt road from the south, at the southeast corner of said Standifer Survey and 160 acre tract; same being the northwest corner of a 448.28 acre tract (reference Volume 1197, Page 715); THENCE North 89 03100" West with the south line of said Standifer Survey and 160 acre tract, with the north line of said 448.28 acre tract, and with the center of said rock road, 2673.29 feet to a 5/8 inch rebar found one foot below the surface of said road at the southwest corner of said 160 acre tract; same being the southeast corner of a 10.093 acre tract (reference Volume 1713, Page 104) and the southeast corner of a 162.296 acre tract (reference Volume 683, Page 98); same being at the junction of a rock road from the north (County Road No. 146); THENCE North f 12103" East with the west line of said 160 acre tract, the east line of said 162.296 acre tract, the east line of said 10.093 acre tract, and with the said County Road No. 146 for about 200 feet and continuing, leaving said road, passing a 5/8 inch rebar found 2.5 feet west of a steel corner post at the northeast corner of said 10.093 acre tract and continuing, passing a 5/8 inch rebar found at 1239.73 feet and continuing, passing a 5/8 inch rebar found at 1739.77 feet and continuing, passing a 5/8 inch rebar found at 2239.79 feet and continuing, in all, 2634.86 feet to a 5/8 inch rebar found at the northeast corner of said 162.296 acre tract, the northwest corner of said 160 acre tract in the south line of an 80 acre tract (reference Volume 665, Page 625); said 5/8 inch rebar being in an east -west fence; THENCE North 89059'33" East with the north line of said 160 acre tract, with the south line of said 80 acre tract, and with said fence, 21.80 feet to a 3/4 inch iron found at the southeast corner of said 80 acre tract, at the extension of said County Road No. 146 from the north; same being the west, southwest corner of a 100.020 acre tract (reference Volume 1040, Page 516) ; THENCE South 89 12105" East with the north line of said 160 acre tract, the south line of said 100.020 acre tract, and approximately with an old fence and hedge row, passing the extension of said County Road No. 146 from the south at 97.75 feet and continuing in all 2615.97 feet to a 5/8 inch rebar on the east side of a large corner post at the northeast corner of said 160 acre tract and the inside corner of said 100.020 acre tract; same being the northwest corner of said Standifer Survey; THENCE South 0 37110" West with the east line of said 160 acre tract; a west line of said 100.020 acre tract, and with an old fence and hedge row, 864.18 feet to a 5/8 inch rebar found on the west side of a corner post at the south, southwest corner of said 10.020 acre tract; same being the northwest corner of a 98.83 acre tract (reference Volume 297, Page 217); THENCE South 00 20115" West with the east line of said 160 acre tract, the west line of said 98.83 acre tract, and approximately with an old fence and hedge row, 1778.05 feet to the PLACE OF BEGINNING and containing 160.770 acres of land. t; 12 CITY OF ALLEN, COLLIN COUNTY, TEXAS SERVICE PLAN FOR ANNEXED AREA Annexation Ordinance No. 6 0 2- 4- 8 5 Date of Adoption of Annexation Ordinance: 4 -18 - 8 5 Acreage Annexed: Approximately 160.77 Acres Survey, Abstract do County: Located in the Mary Standifer Survey, Abstract No. 812, 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. 602-4-85 Service Plan - Page 1 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 cnaracteristics 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 hearth 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. 602-4-85 Service Plan - Page 2' sooK2292 PaGE322 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. 6 0 2- 4- 8 5 Service Plan - Page 3 i60K29 2 m3-23 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 & Light Company in accordance with current city policies. H. Water Services 1. Connection to existing city water mains for water service for ordinance No. 6 0 2- 4- 8 5 Service Plan - Page 4 ib'oK22 2 ew124 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. 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 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. 602-4-85 Service Plan - Page 5 Bnn2292 PacE•J25 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 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 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 or use or within 60 days of the effective date of the annexation ordinance, whicnever 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. 602-4-85 Service Plan - Page 6 CITY SECRETARY City of Allen 1 Butler Circle Allvn,, Texas 75002 �a 11 riff O CO v r� 1 _! CITY SECRETARY City of Allen 1 Butler Circle Allvn,, Texas 75002 AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN Charles F. Barn , Jr. BEFORE ME, the undersigned authority, on this day personally appeared 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 - STandifer - 1:00p.m. of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on March 11, 1985 and which was issued on 3/11/85 by City of Allen of Collin County, Texas. A printed copy of said publication isAt/tched hereto.) 1 � `" U SUBSCRIBED AND SWORN to before me this day of -,n , A.D. 19� Publisher's Fee $ 9.60 Notary Puloin and for Collin County, Texas .&vC�-yam �` \orf OF ALLEN} NOTICE OF '.PUBLIC HEARING - ii Notice, iss hereby given that the Cit'y.,WtAllen'wilf, conduct a public hearinb on Thursday; March 21, 1985, at 1:00,p.m'.,'in the - Council Chambers of the Allen Municipal Annex, One;Butler Circle, Allen, Texas, to consider a•re•;+ quest for annexation of 160.770 acres of land' located in the Mary Stan. difer Survey, Abstract No. 812, located north of Rowlett Road, ?east of ,County Road 146 and west of Watters Branch, as requested by John B. F tWhiseriant. Anyon6 _ wishing to speak FDR or AGAINST this 'request is invited to attend this publics hear- ing and 'voice thier. opi. =nion. ' If further information is needed, call the Allen Municipal Annex, at 727-9171 or 424-7518 (metro): - Marty Hendrix City Secretary (Published in the'' Allen American on Monday, March 11, 1985.) I@ k P AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OFCOLLIN Charles F. Barnard, Jr. BEFORE ME, the undersigned authority, on this day personally appeared , who having 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 of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on March 11, 1985 and which was issued on 3/11/85 1 by City of Allen of Collin County, Texas. A printed copy of said publication is ched reto. SUBSCRIBED AND SWORN to before me this — day of , A.D. 19 b� . Not Pui in and for Collin Count Texas �'Y Y Publisher's Fee � 9. 6 0 \' N1:5TY OF ALLEN NOTICE OF PUBLIC HEARING 'Notice is hereby given that the City of Allen will conduct a public hearing on Thursday, March 21, 1985, at 7:30 p.m., in the Council Chambers of the Allen Municipal Annex, One Butler Circie, Allen, Texas, to, consider a re- quest for '1annexation 60.770 'acres of land located 16,,the Mary Stan- difer.. Survey, Abstract No. 812, located north of Rowlett Road, east of County, Road 146 and west of Watters Branch, as requested by John B. Whisenant. Anyone wishing to speak -FOR or AGAINST this request is Invited to attend this',public hear- ing and voice thier opi- nion. If further` Information Is n9ided, call the Allen Municipal Annex, at 727.9171 or 424-7518 (metro). Marty Hendrix City Secretary (Published In the Allen American bn Monday, March 11, 119851 CITY OF ALLEN ORDINANCES & RESOLUTIONS YEAR "f 0.,5 ORDINANCE/RESOLUTION &10a DRAWING(S) 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.