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HomeMy WebLinkAboutO-1414-3-96MARCH 21, 1996 ORDINANCE NO. 1414,-3-96 DRUM AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ANNEXING THE HEREINAFTER -DESCRIBED TERRITORY TO TME CITY OF ALLEN, TEXAS, APPROXIlbIATELY 253 ACRES BEING THE FOLLOWING TRACTS: PARCEL NO. 2 CONSISTING OF 85.2 ACRES LOCATED IN THE ANN S. HURT SURVEY, ABSTRACT NO. 428 AND THE J. LOVELADY SURVEY, ABSTRACT NO. 538; AND PARCEL NO. 7 CONSISTING OF 167.8 ACRES LOCATED IN THE ANN S. HURT SURVEY, ABSTRACT NO. 428, COL LIN COUNTY, TEXAS; AND EXTENDING THE BOUNDARY LINITIS OF THE CITY SO AS TO INCLUDE SAID HEREINAFTER -DESCRIBED PROPERTY WITHIN THE CITY LINITIS 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 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 said 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, after notices were duly published, public hearings on the proposed annexation were held by the City Council of Allen on February 13, 1996 and February 15, 1996, all in strict compliance with V.T.C.A., Local Government Code, Chapters 42 and 43; and, 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, I UEFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALIEN, TEXAS, THAT: SECTION 1: 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 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: In accordance with V.T.C.A., Local Government Code §43.056 and §43.0561, 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: 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: This ordinance shall take effect from and after its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, ON THE DAY OF , 1996. APPROVED AS TO FORM: Ordinance No. APPROVED - Joe Farmer, MAYOR ATIFST: Judy Morrison, CMC, CITY SECRETARY DENIM --- 3/21/96 1414-3-96 Page 2 EXHIBIT "A" TO ORDINANCE NO. 1414-3-96 MEM) PARCEL 2 SITUATED in the State of Texas, County of Collin, being part of the Ann S. Hurt Survey, Abstract No. 428 and the J. Lovelady Survey, Abstract No. 538, being part of W.W. Taylor's 100 acre tract of land as described and recorded in Volume 2331, Page 028 of the Collin County Deed Records and being more particularly described by metes and bounds as follows: COMMENCING FOR REFERENCE at the northeast corner of said 100 acre tract, said corner being in the north line of the Lovelady Survey and bears approximately 4,620 feet from its northeast corner, said beginning corner being in the south line of the B. Sparks Survey, Abstract No. 813 and the approximate middle of Lucas Road West; THENCE with the east line of said 100 acre tract, Southerly, 300 feet to the PRINCIPLE PLACE OF BEGINNING of the premises herein described, said point being in the Lucas City Limit line; THENCE continuing with the east line of said 100 acre tract, Southerly, 1,036 feet to its most easterly southeast corner; THENCE with a south line of said 100 acre tract, Westerly, 660 feet to an interior corner of said 100 acre tract, said corner being in the east line of said Hurt Survey and the west line of said Lovelady Survey; THENCE with an east line of said 100 acre tract, the east line of said Hurt Survey, and the west line of said Lovelady Survey, Southerly, 1,197 feet to the most southerly southeast corner of said 100 acre tract; THENCE with the most southerly south line of said 100 acre tract, Westerly, 1,359 feet to the most westerly southwest corner of said 100 acre tract; THENCE with the most westerly west line of said 100 acre tract, Northerly, 2,187 feet to a point marking the northwest corner of the premises herein described and being in a Lucas City Limit line, said point being 300 south of the northwest corner of said 100 acre tract; THENCE easterly with the Lucas City Limit line, said line being 300 feet south of, parallel to, and adjacent to the north line of said 100 acre tract, 2,013 feet to the place of beginning and containing approximately 85.2 acres of land. I-7 V SITUATED in the State of Texas, County of Collin, being part of the Ann S. Hurt Survey, Abstract No. 428, being part of a 178.32 acre Stacy tract of land with said premises being more particularly described as follows: BEGINNING at a point marking the southeast corner of the Hurt Survey and the southeast corner of the premises herein described; THENCE with the south line of the Hurt Survey, the south line of a Stacy tract, and a south line of said premises, Westerly, 1,233 feet to a southwest corner of said premises and the southeast corner of Newman's 48.5 acre tract; THENCE with a west line of said Stacy tract, a west line of said premises, and Newman's east line, Northerly, 1,670 feet to Newman's northeast corner and an interior corner of said premises; THENCE with Newman's north line and a south line of a Stacy 1,342 feet to the most westerly southwest corner of said premises, Newman's northwest corner, said corner being in the County Road No. 252; THENCE part way with said county road, the west line of said Stacy tract, and an east line of a Irene Bedell tract, Northerly, 1,332 feet to the most westerly northwest corner of said premises; THENCE with a north line of said premises and a south line of said Bedell tract, Easterly, 330 feet to an interior corner in said County Road No. 252; THENCE with said county road, the west line of said Stacy tract and an east line of said Bedell tract, Northerly, 2,285 feet to a point in a Lucas City Limit line (said line being 300 feet south of the approximate centerline of Lucas Road West) marking the most northerly northwest corner of said premises; THENCE with the most northerly north line of said premises along a Lucas City Limit line, Easterly, 980 feet to the most northerly northeast corner of said premises, said corner being in the west line of a W. W. Taylor tract; THENCE with an east line of said premises, an east line of said Stacy tract, and Taylor's west line, Southerly, 2,483 feet to Taylor's southwest corner and an interior corner of said premises; THENCE with a north line of said premises, a north line of a Stacy tract, and Taylor's south line, Easterly, 1,407 feet to the most easterly northeast corner of said premises, Taylor's southeast corner, said corner being in the east line of said Hurt Survey; THENCE with the east line of said Hurt Survey and the most easterly east line of said premises, Southerly, 2,802 feet to the place of beginning and containing approximately 167.8 acres of land. Exhibit "A" - Ordinance No1414 . -3-96 page 2 CITY OF ALLEN, COLLIN COUNTY, TEXAS SERVICE PLAN FOR ANNEXED AREA Annexation Ordinance No. 1414-3-96 DENIED Date of Adoption of Annexation Ordinance: DENIM - MAFCH 21, 1996 Acreage Annexed: 253 acres Survey, Abstract & County: Parcel No. 2 consisting of 85.2 acres, Ann S. Hurt Survey, Abstract No. 428, and J. Lovelady Survey, Abstract No. 538; and Parcel No. 7 consisting of 167.8 acres, Ann S. Hurt Survey, Abstract No. 428, 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 four and one-half (4-1/2) years from the date of adoption of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Within four and one-half (4-1/2) years from the date of adoption of the annexation ordinance, 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 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 utilization, and population density of the area, as determined by the City Council, within four and one-half (4-1/2) years from the date of adoption of the annexation ordinance, or upon commencement of development within this area, whichever occurs later. 3. Within four and one-half (4-1/2) years from the date of adoption of the annexation ordinance, 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 mentioned above, will be provided to this area beginning within 60 days of the effective date of the annexation ordinance. 5. Within four and one-half (4-1/2) years from the date of adoption of the annexation ordinance, 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 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. Service Plan - Ordinance No. 1414-3-96 DEN= — Page 2 2. Within four and one-half (4-1/2) years from the date of adoption of the annexation ordinance, 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. Streets will be maintained by the City of Allen in their current condition and not improved to city standards until traffic warrants. The decision to improve a street is at the discretion of 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 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 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 three and one-half (3-1/2) 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. DENIM Service Plan - Ordinance No. 1414-3-96 Page 3 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. 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 three and one-half (3-1/2) 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. 3. This plan further incorporates, where applicable, as though fully written herein, all requirements of V.T.C.A., Local Government Code §43.056 and §43.0561 relating to the provision of municipal services to areas annexed by municipalities. DENM Service Plan - Ordinance No. 1414-3-96 Page 4