HomeMy WebLinkAboutO-700-5-862508 083
75605
ORDINANCE NO. 7 0 0- 5- 8 6
AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY,
TEXAS, ANNEXING THE HEREINAFTER -DESCRIBED TERRITORY TO
THE CITY OF ALLEN, TEXAS, APPROXIMATELY 37.418 ACRES
LOCATED IN THE FRANCIS 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 SEVERABEIATY 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 Council of Allen on April 17, 1986, 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
ANY PROVISION HEREIN WHICH RESTRICTS THE SALE,
RENTAL OR USE OF THE DESCRIBED REAL PROPERTY
BECAUSE OF COLOR OR RACE IS INVALID AND UNEN-
FORCEABLE UNDER FEDERAL LAW.
Ordinance No. 700-5-86 - Page 1
2508 084
limits of the said City, and the inhabitants thereof shall hereafter be entitled to all
rights and privileggs 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 15th day of May , 1986.
APPROVED:
+YY'....♦ a1
�F....
, � -n
Donald P. Rodenbaugh, Mayor
ZY
}«':+ +� ' ATTEST:
W -a
- Marty Hendrix, City ecretary
APP � AS TO FORM:
A. Don Crowder, City Attorney
Ordinance No. 700-5-86 - Page 2
f'ouN D
ZA
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SURVEY�:
s .9 'so"
V '9 0 .
37.418 ACRES
� TELE L'r9dL�' q��Q
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ELEG iii✓•t �LcNG
,PO, .Giti'E
/3( 9 /1 ' �04NT Y P0�9v
For.V o
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SCALE I"= 200'
A tract of land containing 37.418 Acres out of the Francis Dosser Survey$ Abst. No. 280
- in Collin County, Texas, being more particularly described by metes and bounds to -wit.
BEGINNING at an Iron Pin found at the Southwest corner of said. survey.
THENCE North with the centerline of a County Road 1189.31 feet to an Iron Pin.
THENCE North 89 deg. 38 min. 50 sec. East, 1371.9 feet to an Iron Pin.
THENCE. South 0 deg. 08 min. 02 sec. West 1189.33 feet to an Iron Pin found in the
centerline of a County Aoad.
'THENCE South 89 deg,. 38 min. 50 sec. West with said road 1369.12 feet to the place of
beginning, containing 37.418 Acres.
I, Rilly M. Lair, Registered Public Surveyor, do hereby certify that the plat shown
herein accurately represents the property as determined by an on the ground survey, made
under my direction and supervision, and that all corners are as shown. There are no
encroachments, conflicts, or protrusions..
Mav 23, 1985
Billy . Lair, R.P.S. No. 1685
Box 673
McKinney, Texas
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2508 087
CITY OF ALLEN, COLLIN COUNTY, TEXAS
SERVICE PLAN FOR ANNEXED AREA
Annexation Ordinance No. 700-5-86
Date of Adoption of Annexation Ordinance: May 15, 1986
Acreage Annexed: Approximately 37.418 Acres
Survey, Abstract & County: Located in the Francis 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
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.
CB. 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. 700-5-86 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 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. 700-5-86 Service Plan - Page 2
25D8 089
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
1 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.
1) 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. 700-5-86 Service Plan - Page 3
2508 090
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 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
Ordinance No. 7 n n— 9_ R h Service Plan - Page 4
n
91
25D8 091
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. 700-5-86 Service Plan - Page 5
Z'S08' 092
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 ns 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
r of the city shall be available to the annexed area beginning within 60 days
f ,
of the effective date of the annexation ordinance.
Ordinance No. 700-5-86 Service Plan - Page 6
I
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P =
I986 NOY 26 P11 1: ; 3
HELENS 'A`NEcC; r:W.yC'! T Ct I iT
BY .._. v
STATE OF TEXAS COUNTY OF COLLIN
, ra—o-� rreon by me and was
Flied on !ho date -0
eSP the named records
duly reccrdcd^
T,
DEC' �._ ., , ti• •ro Cv me
DEC 0 '1. 86
COUNTY CLERK. Co'an County. Texas
0--
R61AA�70
CITY SECRETARY
City of Allen
1 Butler Circle
Allen, Texas 75002
City of Atten
APPLICATION FOR ANNEXATION
DATE: 'March 17,E 1986
The Honorable Mayor and City Council
City of Allen
Allen, Texas 75002
We, the undersigned, being the owners of all interest in
the hereinafter described land, which is contiguous and adjacent
to the present corporate limits of the City of Allen, Texas, and
upon which less than three (3) qualified voters reside, do hereby
petition the Mayor and City Council of the City of Allen, Texas,
to annex to such city the described property for the purpose of
development, and further agree that services to the particular
area will be provided within two and one-half (2-1/2) years or
upon commencement of development, whichever occurs later.
A complete metes and bounds description of the property to
be annexed, as well as a map or plat, have been attached hereto
and bear the seal of a Registered Texas Surveyor.
Received by the City
Secretary, City of Allen,
Texas on:
MAR 2 4 1986
Signed: 7'4AA
Name • R. D. Stringfellow
Address • Westcliff Prop. Bldg. Suite 305
South Hampton at Ledbetter
Dallas, Texas 75224
Phone: 214,339.\4800
Oic� hul lcr ('i��d - Alicn. 1I xa,) -,500"2_'-214/7'12-7-9 i -Mch'o 214/42- -7518
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'HOROUGHFARE PLAN
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OW SPECIAL DEVELOPMENT AREAS .z
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BETHANY ROXD_--
FIELD NOTES
A tract of land containing 37.418 acres out of the Francis Dosser Sur-
vey, Abst. No. 280 in Collin County, Texas, being more particularly
described by metes and bounds to -wit.
BEGINNING at an Iron Pin found at the Southwest corner of said sur-
vey;
THENCE, North with the centerline of a County Road 1189.31 feet to an
Iron Pin;
THENCE, N 89038150" E, 1371.9 feet to an Iron Pin;
THENCE, S 0008102" W, 1189.33 feet to an Iron Pin found in the center-
line of a County Road;
THENCE, S 89038150" W with said road 1369.12 feet to the place of
beginning, containing 37.418 Acres.
?a\
AFFIDAVIT AND PROOF OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF COLLIN
Charles F. Barnrad, 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 - Ordinance #Is 700, 701, and 702 -5-86
of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on
May 21 and 25, 1986
and which was issued on 5-21-86 1 by City of Allen
of Collin County, Texas. A printed copy of said publication is attached hereto.
SUBSCRIBED AND SWORN to before me this 9th-
Publisher's Fee $ 67.20
!1
et�e.� aac �,yo
CITY OF ALLEN
PUBLIC NOTICE
Notice is hereby given
that the Allen City Coun
cil adopted the following
ordinances at their
regular City Council
Meeting held on Thurs'
day, May 15, 1986 (Titles
and Penalty Clauses on`
ly): f '
Ordinance , No.
700.5.86: An Ordinance
of the City of,Allen, Col'
lin County, Texas, An-
nexing • the Hereinafte3r-
Described ; Territory, -,to
the City' of Allen, Texas,
Approximately -37.418
Acres, Located in the
Francis Dosser Survey;
AbstFact No. 380, Collin
County, Texas, and Ex-
tending +'the Boundary
Limits of the City so' as
to Include Said
Hereinafter -Described
property Within the City
Limits and Granting fo
All Inhabitants, and
Owners of Said Property
AII- of'.the Rights,, and
Privileges ofl,Oth6r
Citizens and Binding All
Inhabitants By All the Or-
dinances, Acts, 'ResOI6-
tio6s and Rbgulations of
Said City; Providing ' a
Severability Clause; and
Providing for the Effec-
tive Date of Said Or-
dinance. r
Ordinance , No.
701.5.86:1 An Ordinance
of the City of Allen, Col-
lin County, Texas, Amen
d1ng'Comprehensive
Zonmg Ordinance No.l
366-10-81 of the City of
Allen as Heretofore)
Amended so A -To Aiiach
a Specific Use Permitl
With Conditions for a'
Private Stable in an R-2'
District Known as the
Don Jones Addition,l
With Site Plan Approval,)
Restricting the 9 Acre
Tract-O.the William Perin
Survey, Abstract NO /Ud
Said Tract Being Part of
a 10 Acre .Tract of Land
Conveyed to Robert EI
Lowman, Et Ux, Frord
Gentry J. Jones, Et Ali
Dated January 11; 1964;
Providing for -a Penaltyi
Providing, for an Efieca
tive• Date; and Providing,
for Publicatidn of The!
Caption.
That any person, firm
or corporation violating
any of the provisions orf
terms of this ordinance�
shall be subject to the
same penalty as pl'ovi
ed'for in Comprehensive
Zdning Ordinance No
366-10-81 of the Cnty"of�
Allen, as heretofore
amended, and upon cone
viction shall be punished
by a fine,.not to' excepd'
the sum of One Thou
sand Dollars ($1,0000P V
for each offense:
Ordinance_ No.
1702.5.86: An Ord.rance
of,,'the City of Aileu, Col-
lin County, Tezas,i
Repealing ordinance No!
1485184, and Changing'
I
he Namg of Texet Drive;
Part,cularly That Portion
Located From Its In'
'tersection With State'
Highway 5 to Its In
`tersechon With the Fron
tage Road at., :U.S.
Highway 75; In the Texet
Addition to the City of
Allen, Texas, to Ridge"
�mont Drive; Amending
AII Ordinances or Por'
tions of Ordinances in
Conflict Herewith; and
Providing for an Effec
tive Date.
Copies of these or-
dinances may be read or
purchased in the office
of the City Secretary,
Allen Municipal Annex,
One Butler .Circle, Allen,
TAYAS•
1 Marty Hendrix
City Secretary,
shed in the Allen.
!can on Wednes-1
May 21, 1986 and
ay, Mav 25.1986.1
day of JunecQ , A.D. 19 86
C,
Notary P lic in and for Collin County, Texas
rj PU6LIC .NOTICE
/ Notice is hereby given
that the Allen City Coun-
cil adopted the following
ordinances at their
regular City Council{
Meeting held on thurs.I
day, May 15, 1986 (Titles)
and Penalty Clauses on-�
ly): -
Ordinance' No.
700.5.86: An Ordinance
of the City of Allen, Col-
lin County, Texas, An-
nexing the Rereinafter-
Described Territory t
the City of Allen, Texas,
Approximately 37.418
Acres Located in the'
Francis Dosser Survey,
Abstract No. 380; Collin'
County, Texas, and Ex -1
tending the Boundary
Limits of the City so ase
to' Include Said
l
Hereinaftet-Described
prbperty 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 Or -
0 finances, Acts, Resolu.
tions and Regulations of
Said City; Providing a
Severability Clause; and
Providing for the Effec-
tive Date of Said Or
'dinance.
Ordinance ' No.
701.5.86: An Ordinance,
of the City of Allen, Cola
lin County, Texas, Amens
ding Comprehensives
Zoning Ordinance No.
366.10.81 of the City of
Allqn as Heretofore
Amended so as to Attach
a Specific Use Permit
With Conditions for a
Private Stable in an R-2
District Known as the
Don Jones Addition,
With Site Plan Approval,
Restricting the, 9 Acre
Tract in the William Perin
,.ald Tract Being Part c
n 10 Acre Tract of Lan
Conveyed to Robert E
Cowman, Et Ux, Fror
Gentry J. Jones, Et A
Dated January 1 i, 198
Providing for a Penalt)
Providing for an Effec
live Date; and Providing
for Publication of Th,
Caption.
That any person, f lrn
:.)r, corporation violatint
any of the provisions o
terms of this ordinance
shall be subject to the
same penalty as provid
sd for in Comprehensive
Zoning Ordinance No
366.10.81 of the City o
411en, as heretofon
amended, and upon con
fiction shall be punishes
)y a fine .not to exceec
he sum of One Thou
;and Dollars ($1,000.00
or'each offense.
Ordinance No
'02.5.86: Art Ordinance
if the City of Allen, Col
in County, Texas
iepealing ordinance No.
X8511-84, and Changing
he Name of Texet Drive,
'articularly That Portion
.ocated From Its In.
ersection With State
lighway S. to Its In.
ersection With the Fron-
agd Road at U.S.
lighway 75, In the Texet
iddition to the City of
Alen, 'texas, to Ridge-
iont Drive; Amending
JI Ordinances nor Por.
ons of Ordinances in
�onflict Herewith; and
roviding for an% Effec-
ve Date.
Copies of these or.
inances may be read or
urchased in the offices
I the City Secretary,)
Igen Municipal Annex,
n6 Butler Circle, Allen,
City Seci
I in the
on Wee
21, 1986