HomeMy WebLinkAboutO-795-6-87ORDINANCE NO. 795-6-87
AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY,
TEXAS, ANNEXING THE HEREINAFTER -DESCRIBED TERRITORY TO
THE CITY OF ALLEN, TEXAS, APPROXIMATELY 60.0033 ACRES
LOCATED IN THE FRANCIS DOSSER SURVEY, ABSTRACT NO. 280,
AND THE GEORGE PHILLIPS SURVEY, ABSTRACT NO. 701, 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 Council of Allen on May 7, 1987, 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
\ Ordinance No. 795-6-87 - Page 1
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, 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 4th day of JUNE
1987.
APPROVED:
ATTEST:
Marty Hendrix, CM City Secretary
ROVED AS TO FORM:
A. Don Crowder, City
Ordinance No. 795-6-87 - Page 2
DESCRIPTION
BEING a tract of land situated in the FRANCIS DOSSER SURVEY, ABSTRACT
NO. 280 and the GEORGE PHILLIPS SURVEY, ABSTRACT NO. 701, Collin County,
Texas, and being part of a called 160.171 acre tract of land des-
cribed in deed from Charles B. Bush, et al, to Elizabeth B. Bush,
as recorded in Volume 1598, Page 379, Deed Records, Collin County,
Texas, and being all of a called 60.00 acre tract of land described
in deed from Mike Allison, Trustee, to L. A. Sears, Trustee, as
recorded in Volume 1740, Page 816, Deed Records, Collin County; Texas,
and being more particularly described as follows:
BEGINNING at a 1/2" diameter iron rod found in the centerline of
County Road No. 196, said iron rod also being at the Northeast
corner of said Bush tract and at the Southeast corner of a called
103.337 acre tract of land described in Deed of Partition between
Lubelle Byrd and Elizabeth B. Roberts, as recorded in Volume 784,
Page 322, Deed Records, Collin County, Texas, said iron rod also
being in the West line of a tract of land described in deed to
D. S. Stacy, as recorded in Volume 635, Page 56, Deed Records,
Collin County, Texas,
THENCE S 00001'44" W, 1040.96 feet, with the said centerline of
County Road No. 196 and with the said West line of Stacy tract,
to a 1/2" diameter iron rod found in the most Westerly North line
of a called 151.575 acre tract of land described in deed from
Glen W. and Oleta E. Petefish to Inter Urban (Stacy Road) Ltd.,
as recorded in Volume 1986, Page 483, Deed Records, Collin County,
Texas, said iron rod also being in the South line of said Phillips
Survey and the North line of the J. Dixon Survey, Abstract No. 276;
THENCE N 89022'37" W, 187.50 feet, with the said North line of
Inter Urban (Stacy Road) Ltd. tract and with the said South line
of Phillips Survey and the North line of Dixon Survey, to a 1/2"
diameter iron rod found in the East line of said Dosser Survey;
THENCE S 00030'34" W, 157.78 feet, with the West line of said Inter
Urban (Stacy Road) Ltd. tract and with the said centerline of County
Road No. 196 and with the said East line of Dosser Survey and with
the West line of said Dixon Survey to a 1/2" diameter iron rod set;
THENCE S 89050'39" W, 1939.12 feet -to a-1/2" diameter iron rbd set
in the East line of said Bush tract and the West line of a called
180.170 acre tract of land described in deed from Charles B. Bush,
et al, to, Bryan B. Bush, as recorded in Volume 1902,1Page 143,
Deed Records, Collin County, Texas;
THENCE N 08007122" W, 1203.77 feet,: -with the said West line of
Bryan B. Bush tract and with the said East line of Elizabeth B.
Bush tract, to a 1/2" diameter iron rod set in the South line of
said 103.37 acre tract;
THENCE N 89044'38" E, 2298.64 feet, with the said South line of
103.337 acre tract and along an old fence line and hedqerow part
of the way, to the PLACE OF BEGINNING and containing 60.0033 acres,
more or less.
ATTACHMENT TO:
Ordinance No. 795-6-87
Adopted: 6-4-87
CITY OF ALLEN, COLLIN COUNTY, TEXAS
SERVICE PLAN FOR ANNEXED AREA
Annexation Ordinance No. 795-6-87
Date of Adoption of Annexation Ordinance: June 4 , 19 8 7
Acreage Annexed: 60.0033 Acres
Survey, Abstract do County: Located in the Francis Dosser Survey, Abstract No.
280, and the George Phillips Survey, Abstract No. 701,
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,
Ordinance No. 795-6-87 Service Plan - Page 1
within the limitations of available water and distances from existing fire
stations, will be provided to this area within 60 days of the effective date
of the annexation ordinance.
2. As development and construction of subdivisions commence
within this area, sufficient fire and emergency ambulance equipment will
be provided to furnish this area the maximum level of fire and emergency
ambulance services consistent with the characteristics of topography,
land 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.
Ordinance No. 795-6-87 Service Plan - Page 2
4. All inspection services furnished by the City of Allen, but not
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
Ordinance No. 795-6-87 Service Plan - Page 3
accordance with existing city policies, beginning within 60 days of the
effective date of the annexation ordinance. Residents of this property
utilizing private collection services at the time of annexation shall
continue to do so until it becomes feasible because of increased density of
population to serve the property municipally.
2. 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.
5 - 6 - 8
Ordinance No. Service Plan - Page 4
H. Water Services
1. Connection to existing city water mains for water service for
domestic, commercial, and industrial use within this property will be
provided 'in accordance with existing city policies. Upon connection to
existing mains, water will be provided at rates established by city
ordinances for such service throughout the city.
2. As development and construction of subdivisions commence
within this property, water mains of the city will be extended in
accordance with provisions of the Subdivision Ordinance and other
applicable ordinances and regulations. City participation in the costs of
these extensions shall be in accordance with the applicable city
ordinances and regulations. Such extensions will be commenced within
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
I. 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
Ordinance No. 795-6-87 Service Plan - Page 5
maintained by the City of Allen beginning within 60 days of the effective
date of the annexation ordinance.
3. As development and construction of subdivisions commence
within this area, sanitary sewer mains of the city will be extended in
accordance with provisions of the Subdivision Ordinance and other
applicable ordinances and regulations. City participation in the costs of
these extensions shall be in accordance with applicable city ordinances
and regulations. Such extensions will be commenced within 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. 795-6-87 Service Plan - Page 6
City of Atten
APPLICATION FOR ANNEXATION
DATE: U/�j✓ 3� I ��
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.
t
Received by the,City
Secretary, City of Allen,
Texas on:
s �E
U1 1987➢ 13
CITY OF ALLEN
CITY SECRETARY �I
ti
Signed: 4
Name:
Address: S ,7,E
P•0, 13vk is5O
Phone: 2Iq -630 - SID0
AFFIDAVIT AND PROOF OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF COLLIN
BEFORE NLE, the undersigned authority, on this day personally appeared R. WAYNE WEDGEWORTH, 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 IesS frequently than once a
week, having a general circulation in said county, and having been published re,ularly and continuously liar more than MVIVe months
prior to publishing
Notice of Public Hearing - Request for Annexation, May 7, 1987
at 7:30 pm.
of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on
April 22, 1987
and which was issued on April 2 2 1987 he City Rllen
of Collin County, Texas. A printed copy of said publication is , the roto
SUBSCRIBED AND SWORN to before me this 11th day of Mg(y A.D. 1987
Publisher's fee S I % _ C)n
Notary Plic in and for Collin County, Texas
CITY OF ALLEN ,
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Allen'City
Council will conduct a public hearing on
Thursday, May 7, 1987, at 7:30 p.m., in the
Council Chambers of the Allen Municipal
Annex, One Butler Circle, Allen, Texas, to
consider a request for annexation of
60.0033 acres of land out of the Francis
Dosser Survey, Abstract No.,280 and the
George Phillips Survey, Abstract No. 701,
Collin .County,.Texas located north--of-
Stacy Road, west of U.S. 75 and south of
the extension of Ridgeview Drive, as
requested by property owner S.R.E.
Limited.
Anyone wishing to speak FOR or
AGAINST this request is invited to attend
this public hearing and voice their opinion.
If further information is needed, call the
Allen Municipal Annex, at 727-9171 or
424-7518 (metro).
Marty Hendrix,
CITY SECRETARY
I(TO BE PUBLISHED IN THE ALLEN)
AMERICAN ON WEDNESDAY, APRIL 22,1
1987.) 1
AFFIDAVIT AND PROOF OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF COLLIN
BEFORE NIE, the undersigned authority, on this day personally appeared R. WAYNE WEDGEWORTH,��
who hay ing been by me duly
sworn, on oath deposes and says:
That he is publisher of THE ALLEN ANIERICAN, a newspaper published in Collin County, Texas, not loss fralucntly than once a
week, having a general circulation in said county, and having been published regularly and continuously fur more than twelve month;
prior to publishing
Notice of Public Hearing - Request for Annexation, May 7, 1987, at
1:00 pm.
of which the attached is a true and written copy, and which was published in THE ALLEN ANIERICAN on
April 22. 1987
and which was issued on April 22, 1987
of Collin County, Texas. A printed copy of said publication
SUBSCRIBED AND SWORN to before me this 11th
Publisher's fee S 12.60
e Citv of Allen
atta
day of M6(y , A.D. 1987
. _
NoLlry Publ c in and for Collin County, Tc\as
CITY OF ALLEN 11
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Ci
Allen will conduct a public hearing
Thursday, May 7, 1987, at 1:00'p.m., ii
Council Chambers, of the Allen Muni
Annex, One Butler Circle, Allen; Texe
consider a request for anhexatio
60.0033 acres of land out of the Fn
Dosser Survey, Abstract No. 280 ani
George Phillips Survey, Abstract No.
Collin:County, Texas, located norl
Stacy, Road, west of U.S. 75 and sou
the extension of Ridgeview Drive
requested by'property owner S.
Limited." '
Anyone wishing to speak FOI
AGAINST rthis request is invited to al
this public hearing and voice their opi
If further information is needed, ca
Ailen Municipal Annex, at 7277917
424-7518 (metro).
Marty He
CITY SECRET
e ,
(TO BE PUBLISHED IN THE --AL
1AMERICAN ON WEDNESDAY, APRI
1987.)
. G
AFFIDAVIT AND PROOF OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF COLLIN
BEFORE NIE, the undersi;ncd authority, on this day personally appeared R. WAYNE `\'EDGEWORTH, whohaying been by me duly
sworn, on oath deposes and says:
That he is publisher of THE ALLEN ANIERICAN, a newspaper published in Collin County, Texas, not less fralucntly than once a
week, having a general circulation in said county, and having been published regularly and continuously for more than twelve months
prior to publishing
Piihlir NntinP — Adoption of Ord. #795-6-87
of which the attached is a true and written copy, and which was published in THE ALLEN ANIERICAN on
June 10, 1987 and June 14, 1987
and which was issued on
of Collin County, Texas.
June 10. 1987
A printed cop)' of said publication
SUBSCRIBED AND SWORN to before me this 21St day of
JCI 1 y
the Citv of.Allen
, A.D. 1987
��
Publisher's fee S 32.40 Notary Publo
in and for Collin County, Texas
PUBLIC NOTICE:
NOTICE is hereby given that the Allen
cit'/ Council at their regular meeting h6ld
on Thursday, June 4, 1987,, adopted the
following ordinance (Title only):
Ordinance No. 795-6-87: An ordinance of
the City of Allen, Collin County, Texas,
Annexing the Hereinafter -Described
Terrirory to the City of Allen, Texas,
Approximately 60.0033 Acres Located in
the Francis Dosser Survey, Abstract No.
280, and the George Phillips Survey,
Abstract No. 701, 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.
A copy of this ordinance may beread or
purchased in the office of the City Secret-
ary, City of Allen, One Butler Circle, Allen,
Texas.
Marty Hendrix, CMC
CITY SECRETARY
TO BE PUBLISHED IN THE ALLEN
AMERICAN ON WEDNESDAY, JUNE 10,
1987 AND SUNDAY, JUNE -14,1987.
CITY OF ALLEN
PUBLIC NOTICE:
NOTICE is hereby given that the Allen
City Council at their regular meeting held
on Thursday, June 4, 1987, adopted the
following ordinance (Title only):
Ordinance No. 795-6-87: An ordinance of
the City of Allen, Collin County, Texas,
Annexing the Hereinafter -Described
Terrirory to the City of Allen, Texas,
Approximately 60.0033 Acres Located in
the Francis Dosser Survey, Abstract No.
280, and the George Phillips Survey,
Abstract No. 701, 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.
A copy of this ordinance may be read or
purchased in the office of the City Secret-
ary, City of Allen, One Butler Circle, Allen,
Texas.
Marty Hendrix, I
CITY SECRET
TO BE PUBLISHED IN THE ALLEN
AMERICAN ON WEDNESDAY, JUNE 10,
1987 AND SUNDAY, JUNE 14, 1987.
S. H,) 12100 ZINC
�1i�! _
0."
ALMA 121 LTD. .
INES
CHARLES ER
iw
WILLIAM S.
IM
CAMPBELL
BUSH 'Y
BLI
0.17
\ R BE - 1
_ TF(INFaFE LOW
BUSH
• :�� MIKE ALLISO / �A O•It; ,
P
SITE LOCATION MAP
�.__