O-1703-4-99e
99— 0046352
ORDINANCE NO. 1703-4-99
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ANNEXING APPROXIMATELY 2.249 ACRES LOCATED IN
THE GABE FITZHUGH SURVEY, ABSTRACT NO. 320, COLLIN COUNTY,
TEXAS, AND MORE PARTICULARLY DESCRIBED IN EXHIBIT "A^ ATTACHED
HERETO; AND EXTENDING THE BOUNDARY LIMITS OF THE CITY SO AS TO
INCLUDE SAID 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
THEREIN BY ALL THE ORDINANCES, ACTS, RESOLUTIONS AND
REGULATIONS OF SAID CITY; APPROVING A SERVICE PLAN FOR SUCH
PROPERTY ATTACHED HERETO AS EXHIBIT "B"; 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 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,
WHEREAS, after notices were duly published, public hearings on the proposed annexation were held by the
City Council of Allen on Much 4, 1999, all in strict compliance with Local Government Code, Chapter 43;
and,
WHEREAS, the following described land is adjacent and contiguous to the present city limits of the City of
Allen and within its extraterritorial jurisdiction, 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 by 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 property being
described in Exhibit "A" attached hereto and made a part hereof, the same as if copied in full herein.
SECTION 2: In accordance with Local Government Code ¢43.056, approved hereby and attached hereto
as Exhibit "B' 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 described area not be subject to legal annexation by the
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04395 00086
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 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 IST DAY OF APRH., 1999.
;[�..Of
�ROyI�Y�S, O E1Vf:
G. Smith, CITY ATTORNEY
APPROVED:
�Ag 61z)
Stephen Terrell, MAYOR
ATTEST:
�Ltdc, ZS l?e-u�oo\ Jfidy M41ison, CMC, CITY SECRETARY
Ordinance No. 1703-4-99 Page
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04395 00083
LEGAL DESCRIPTION
BEING, a tract of land situated in the Cabe Fitzhugh Survey, Abstract No.320, in the Town of
Fairview, Collin County, Texas, bein part of a 6 acre tract, as descnbed in Volume 880, Page 203,
and a 0.568 acre tract, as described in Clerks File No.95-0083288, in the Deed Records of Collin
County, Texas, being more particularly described as follows:
BEGINNING, at a f. inch iron rod found at the common southwest comer fo the 6 acre tract and the
0.568 acre tract;
TFIENCE, North 11°5726' west, with the west line of the 6 acre tract for a distance of 301.95 feet
to a 3/8 inch von rod found at the northwest comer of the 6 acts tract;
TRICE, South 89°2726" Eau, with the north line of the 6 acre tract for a distance of 356.91 feet;
TBENCE, South 90°00'00" East, departing said north line for a distance of 308.32 feet to the south
line of said 0.568 acre tracr,
=CE, North 86°4745" West, with the south line of the 0.568 acre tract for a distance of 294.79
feet to the POINT OF BEGINNING and containing 97,983 square feet or 2.249 acres of land.
EXHIBIT A
Ordinance No. 1703-4-99 Page
04395 00088
EXHIBIT "B"
' SERVICE PLAN FOR ANNEXED AREA
Annexation Ordinance No. 1703-4-99
Date of Adoption of Annexation Ordinance: April 1. 1999
Acreage Annexed: 2.249 Acres
Survey, Abstract & County: Located in the Gabe Fitzhugh Survey, Abstract No. 320, in the Town of
Fairview, 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 commerce 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,
Ind 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
famished throughout the city.
Ordinance No. 1703-4-99 Page
04395 00089
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.
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04395 00091
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 we 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 cit; 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 four and one-half (4-1/2) years from the effective date
of the annexation ordinance, or upon commencement of development of a subdivision within
the property, whichever occurs later.
L 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 Local Government Code §43.056 relating to the provision of municipal
services to areas annexed by municipalities.
OrdinanceNo. 1703-4-99 Pagel