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HomeMy WebLinkAboutO-666-12-85966 2292 patE412 -1544 ORDINANCE NO. 666-12-85 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ANNEXING THE HEREINAFTER -DESCRIBED TERRITORY TO THE CITY OF ALLEN, TEXAS, APPROXIMATELY 103.5339 ACRES LOCATED IN THE F. DOSSER SURVEY, ABSTRACT NO. 280; 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, after notices were duly published, public hearings on the proposed annexation were held by the City of Allen and the City Council of Allen on November 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. 666-12-85 - Page 1 90142202 PatE41 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, 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 19th day of December APPROVED AS TO FORM: A. Don Crowder, City Attorney 1985. APPROVED: Donald P. Rodenbaugh, Mayor ATTEST: &LA-� J Marty Hendrix, City ecretary Ordinance No. 666-12-85 - Page 2 Attachment to Ordinance No. 666-I2-85 ' "EXHIBIT A" DESCRIPTION OF 103.5339 ACRES OF LAND SITUATED in Collin County, Texas, in the F. Dosser Survey, Abstract No. 280, being a resurvey of the 103.337 acres of land described FIRST, herein designated as FIRST TRACT, conveyed to Lubelle Byrd in a Partition Deed of 206.674 acres of land by Lubelle Byrd and Elizabeth B. Roberts, dated May 12, 1971, recorded in Volume 784, Page 322 of the Collin County Deed Records, being described by metes and bounds as follows: BEGINNING at an existing iron pin set at the southwest corner of said 103.337 acre FIRST TRACT, in the center of a north -south rock road, in the west line of said Dosser Survey; THENCE North 0020147" West, 1353.56 feet with the west line of said 103.337 acre tract, with the west line of said survey, and said rock road to an existing iron pin set in the south R.O.W. line of State High- way 121 for a corner; THENCE Easterly with said south R.O.W. line as follows: North 89139' East, 20.91 feet to a concrete R.O.W. monument; North 32011137" East, 168.6 feet to an iron pin set beside a con- crete R.O.W. monument and wooden monument; North 64044' East, 435.23 feet to an iron pin set in said south R.O.W. for a corner; THENCE North 89023148" East, 1596.04 feet with the north line of said 103.337 acre tract and with a turn row to an existing iron pin set be- side an old corner post for a corner; THENCE Easterly with said north line and with said old fence as fol- lows: South 89034124" East, 392.25 feet; North 89048130" East, 249.39 feet to an iron pin set at the northeast corner of said 103.337 acre tract for a corner; from which an existing iron pin lies East, 1.0 foot, and from said iron pin set lies at existing iron pin set at the northeast corner of the 103.337 acres of land conveyed to Elizabeth B. Roberts described SECOND, herein designated as SECOND TRACT, in said Partition Deed, at North 89050' East, 2777.48 feet; THENCE South 0041' East with the common line between said two 103.337 acre tracts, passing iron pins set at 200 feet, 500 feet, and 1275 feet, and continuing in all 1642.87 feet. to an iron pin set in an old east -west established fence, at the southeast corner of said FIRST TRACT and the southwest corner of said SECOND TRACT for a corner; from which an existing iron pin set at the southeast corner of said 103.337 acre SECOND TRACT lies North 88056142" East, 2777.6 feet, and from ,said iron pin set lies an existing iron pin set in said old established fence at North 89101' East, 31.0 feet; , THENCE Westerly with said old established. fence and with the south line of said FIRST TRACT as follows: South 89001' West, 663.39 feet; South 89010' West, 721.33 feet; South 88056119" West, 1368.9 feet to the• PLACE OF BEGINNING and containing 103.5339 acres of land. 600K29 2 wE415 CITY OF ALLEN, COLLIN COUNTY, TEXAS SERVICE PLAN FOR ANNEXED AREA Annexation Ordinance No. 666-12-85 Date of Adoption of Annexation Ordinance: December 19,. .1985 Acreage Annexed: Approximately 103.5339 Acres Survey, Abstract do County: Located in the F. Dosser Survey, Abstract No. 280, 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 I. 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. 666-12-85 Service Plan - Page 1 600K2292 PAA16 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. 66'6-12-85 Service Plan - Page 2 WX2292 PAA11 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. 666-12-85 Service Plan - Page 3 �bOl���a72 PAGE't�� 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. 666-12-85 Service Plan - Page 4 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. 666-12-85 Service Plan - Page 5 L BOX2292 PdA20 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 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. 666-12-85 Service Plan - Page 6 .41 I,- - - C:." -"� C-T'14TY CCU -,U LE C 0 —L, N —aW"-cMA, E PUT Y SJAIE OF IEW at is" l lune ao rte tjed ex vk NO 'o its 0,02e W" lids ,,,Ads so co" as JAN 2 01986 ountf. WAS I I AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN ChaF rn rd, 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 - James M. Brown - 1:00 pm of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on November 10, 1985 and which was issued on 11-10-85 'by City of A l l e n of Collin County, Texas. A printed copy of said publication is att ched hereto SUBSCRIBED AND SWORN to before me this 13th December 85 Publisher's Fee $ 12 . 00 111�r a -AD "ncc- I/V Notice of Public Hearings •� 1Notice is hereby given that the City ofAllen will C a public hearing D Thursday, November 21, 1985, at 1:00 p.m., in the -Council Chambers of the Allen Municipal An- Jnex, One Butler Circle. Allen, Texas, to consider a request for annexation of 103.5339 acres of land out of the F. Dosser Survey,Abstract No. 280, Collin County, Texas, located southeast ofi State Highway 121, north of Stacy Road and west of, U.S.-75, as requested by the property owner, James M. Brown. Anyone wishing- to speak FOR or AGAINST this request is invited to attend._this.public hear- ing and voice their opi- nion. `If further information is needed, call the Allen Municipal Annex, at 727-9171 or 424.7518 (metro). Marty Hendrix City Secretary (To be published in The iAllen American on Satur- day, November 9, 1985) day of Notary Publi and for Collin County, Texas (0Leto - t2-- - � S AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS ' COUNTY OF COLLIN Cha es F . arn' rd, .,:J'r . 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 r� Notice of Public Hearin - James M. Brown - [U7:30 pm of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on November 10, 1985 and which was issued on 11-10-85 'by City of Allen of Collin County, Texas. A printed copy of said publicationis att ched reto ^ , SUBSCRIBED AND SWORN to before me this 13th December A.D. day of _ 19 85 Notary Public ' nd for Collin County, Texas Publisher's Fee $ 12.00 City of Allen Notice of Public Hearing Notice is hereby given that the Allen City Coun= cil will conduct a public hearing on Thursday, November 21, 1985, at 7:30 p.m., in the Councid Chambers of the Allen Municipal. Annex, One ButlerCircle,'Allen, Texas, to consider a re- quest;for`annexation.of 103.5339 acres of land out of the F. Dosser Survey, Abstract No. 280; Col I inCounty,,.rTexas" located southea§t of State Highway 121, north of Stacy Road, and west, of U. S. 75, as requested by the property owner, James M. Brown. Anyone, -,wishing -to' speak FOR or AGAINST this request is invited to attend this public heal- ing and voice, their iipi- nion. _ If further information is needed, call the Allen Municipal Annex, at 727=9171 'or 424-751E (metro)Marty Hendn) City Secretary (To be published in thi Allen American on Satur day. November 9,1985.)