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HomeMy WebLinkAboutR-377-1-82RESOLUTION NO. 377-1-82(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, ESTABLISHING PROCEDURES RELATED TO ANNEXATIONS OF THE CITY, AND TO REQUIRED SERVICE PLANS SETTING FORTH A SCHEDULE FOR EXTENDING MUNICIPAL SERVICES TO NEWLY ANNEXED AREAS; AND PROVIDING AN' EFFECTIVE DATE. WHEREAS, House Bill 1952 of the 67th Texas Legislature, signed by the Governor and effective September 1, 1981 amends the Municipal Annexation Statute, Article 970a, V.A.C.S., to require two public hearings prior to annexation of any tract of land by any incorporated city, with one of the hearings to be conducted within the area proposed to be annexed, and to require preparation, consideration, and adoption of a Service Plan identifying municipal services and a schedule for extending them_to newly annexed areas; and WHEREAS, the City Council has reviewed and fully considered _. the procedures set forth herein, and find them to be proper and acceptable, and in the best interests of the City, and is there- fore of the opinion that they should be adopted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS: Section 1. The procedures set forth below regarding annexations of property into the corporate limits of the City of Allen, and preparation, consideration and adoption of a Service Plan for each such tract annexed, are hereby approved and adopted. They shall apply to each and every proposed annexation of the City of Allen for which a public hearing has not been held by the City Council as of September 1, 1981. Section 2. The owner of a tract of land, or the owner's agent authorized in writing, who desires that such tract be annexed into the corporate limits of the City of Allen, shall file a completed written Application for Annexation, in the Office of the City Secretary. The Application shall be furnished by the City Secretary. Also furnished at the time of filing the Application, shall be a complete metes and bounds description of the property proposed to be annexed. The description shall bear the seal of a Registered Texas Surveyor. Resolution No. 377-1-82(R) Page 2 The Application shall be accompanied by any required filing fee as may be prescribed by the City Council. Section 3. Upon filing of an Application, the City Secretary shall determine the date upon which the annexation proceedings for the tract may be instituted by the City Council in accordance with State Law. Section 4. The City Council shall determine the dates upon which the two required public hearings may be held to conform with State Law and shall schedule such public hearings. Section 5. The City Secretary shall publish in -the time and manner required by law and in a newspaper having general circulation in the city and in the territory proposed to be annexed, notices of each public hearing. Section 6. The first public hearing shall be conducted by the City Manager, or his designee presiding, and shall be conducted within the area proposed to be annexed. The City Manager shall cause minutes of the public hearing to be taken, and shall for- ward them to the City Council for their review and consideration. Section 7. The second public hearing shall be conducted by and before the City Council. Annexation proceedings shall be instituted, in the time provided by law and by the City Charter, by the City Council's reading and/or consideration of an annexation ordinance. Section 8. Upon the filing of an Application for annexation or at the City Council's direction, the City Manager is hereby directed to prepare a proposed Service Plan that provides for the extension of municipal services into each area proposed to be annexed. The Service Plan shall include the following: A. A program under which the City of Allen will provide: 1. Police protection; 2. Fire protection; 3. Solid waste collection; 4. Maintenance of public water and wastewater facilities; Resolution No. 377-1-82CE_ Page 3 5. Maintenance of public roads and streets which have been improved to city standards as pre- scribed by applicable ordinances; and main- tenance of street lighting on such streets; 6. Maintenance of parks, playgrounds, and swimming pools which have been dedicated and accepted by the City of Allen; 7. Maintenance of any other publicly owned_ facility, building or service within each area to be annexed. B. A program under which the City of Allen will initiate within two and one-half (2-1/2) years the acquisition or construction of any capital improvements necessary for providing municipal services for the particular area, or upon a developer's commencement of construction of streets, alleys, water mains, drainage improvements, and sanitary sewer mains within an annexed area, whichever occurs later. Section 9. The proposed Service Plan shall be made available for inspection by and explained to those persons attending the public hearings in connection with -the proposed annexation. It may be amended at such hearings in accordance with State Law. Upon completion of the public hearings, the Service Plan shall be attached to the ordinance annexing the area and shall be approved as part of that ordinance. Thereafter, it may be amended or repealed in accordance with Article 970a, V.A.C.S., as now or hereafter amended. Section 10. This Resolution shall become effective immediately upon passage. DULY PASSED AND APPROVED THIS THE 21st day of Januar 01 1982. /fiN, M. B. Pierson, MAYOR 1 Marty Hendrix, TITY SECRETARY