O-462-10-83FA
y VOL 1850FA'.;� 8b
ORDINANCE NO. 462-10-83
.16312
AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY,
TEXAS, ANNEXING THE HEREINAFTER -DESCRIBED TERRITORY TO
THE CITY OF ALLEN, TEXAS, APPROXIMATELY 1.8298 ACRES LYING
IN THE LEWIS WETSEL SURVEY, ABSTRACT NO. 978, AND BEING
GENERALLY DESCRIBED AS WEST OF STATE HIGHWAY 5, BETWEEN
THE INTERSECTIONS OF THOREAU LANE AND HIGH MEADOW DRIVE,
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, such territory is contiguous and adjacent to the corporate limits of
the City of Allen and does not exceed one-half (1/2) mile in width; and,
WHEREAS, after notice was duly published, a public hearing on the proposed
annexation was held by the City Council of Allen on September 15, 1983, 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:
Ordinance No. 462-10-83 - page 1
V0L 1850FAIH814
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
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 6th day of October
APP_RO �'O�FORM:
n row e , Attorney
1983.
APPROVED:
M. B. Pierson, Mayor
J'^\\A^`TTEST:
ANA1
Marty Hendri , City Secretary
Ordinance No. 462-10-83 - Page 2
VOL1850FFI,!:817
CITY OF ALLEN, COLLIN COUNTY, TEXAS
SERVICE PLAN FOR ANNEXED AREA
Annexation Ordinance No. 462-10-83
Date of Adoption of Annexation Ordinance: Oct. 6, 1983
Acreage Annexed: Approximately 1.8298 Acres
Survey, Abstract & County: Lying in the Lewis Wetsel Survey, Abstract No. 978,
and being generally described as west of State
Highway 5, between the intersections of Thoreau Lane
and High Meadow Drive, 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. 462-10-83 Service Plan - Page 1
VUL 1850��. x_818
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. 462-10-83 Service Plan - Page 2
VOL185014.;�819
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. 462-10-83 Service Plan - Page 3
'40L 185& ,;;_820
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 Texas Power & Light Company in accordance with
current city policies.
H. Water Services
1. Connection to existing city water mains for water service for
Ordinance No. 462-10-83 Service Plan - Page 4
VULMOFAj, 821
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.
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 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. 462-10-83 Service Plan - Page 5
VOL 1 WA,,; °22
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. 462-10-83 Service Plan - Page 6
20 Aili 9.
C11-iN I Y COUP,T
_DEPUTY
JAM OF TEXAS
filed an the date And COUNTY. OF, CO
Cnd waa du ODed h�
�f the named �"°� flo tho Vrolume end paw
::snped h, records by ma Cothrt n Isxas �
MAR 2 1 1984
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LE
AFFIDAVIT AND PROOF OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF COLLIN
BEFORE ME, the undersigned authority, on this day personally appeared JACK R. STEIN, 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-
tinuousllyy for more than twelve months prior to publishing
of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on
CA15V83
and which was issued on by
of Collin County, Texas. A printed copy of said publication is attached her to.
SUBSCRIBED AND SWORN to before me this day of A.D. G
Notary Public in an for Collin County, Texas
Publisher's Fee
CITY OFALLEN
PUBLIC HEARING'
NOTICE
;Notice' is hereby given
that the Allen City Coun-
cil will conduct -at their
regutair ;meeting of
Thursday,'September 15,
1983, at 7:30 p.m., in the -
Council Chambers of the
Alien Municipal Annex,
One Butler Circle, Allen,
Texas, a public hearing
on an annexation' re-
quespon 1.8298 acres of
land in the Lewis Wetzel
Survey, Abstract No. 978,
located west of State
Highway 5, between its
intersection with
Thoreau and High
Meadow, as requested
by Dorothy Powell.
Anyone wishing to
speak either FOR or
AGAINST this request is
invited to —attend =this
public hearing aps.voice
,their opinion.
If further information
is needed, call the Allen
Municipal Annex,.'City
Secretary's Office, at -
727 -9171 or (metro)
424-7518.
Marty Hendrix,
City Secretary
(Published In The Allen
American on Monday,
September 5, 1983).
AFFIDAVIT AND PROOF OF PUBLICATION
THE STATE OF TEXAS
`COUNTY OF COLLIN
BEFORE ME, the undersigned authority, on this day personally appeared JACK R. STEIN, who having been
by me duly sworn, on oath deposes and says:
h
That e is publisher of THE ALLEN AMERICAN a newspaper I Thp per 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
� I
�of which the attached is a true and written copy, and which was published in THE ALLEN
Y P AMERICAN on
CLI
and which was issued on ZZ� b s b�
)of Collin Count Texas. A Y v�
Y, printed copy of said publication is attached heret .
SUBSCRIBED AND SWORN to before me this day of �� , A.D. 19
6a Notary Public in a for Collin County, Texas
Publisher's Fee � - `\ ; � � I �
CITY OF ALLEN
NOTICE OF ,
PUBLIC MEETING
Notice is hereby given
that the Allen City Coun-
cil will conduct; at their
Regular- Meeting on
Thursday, October 6,
1983; att7:30 p.m. in the
Council Chamberg of the
Allen+Municipal Annex,
One Butler Circle, Allen,
Texas, a` Public Hearing
to consider 9/equest for
permanent zoning and,
site plan approval to
coincide with annexation
ofi,1:829 acres -out of the
Lewis - Wetsel" Survey,
Abstract No. 978. This
property.�Is further
described as fronting the
west side bf Highway 5
and extending approx-
imately from-; the in-
tersection of Thoreau
Lane, to north of,'High
Meadow Intersections.
This, annexation and
zoning request has been
submitted by Robert Pitt-
man,'a'representative for
the Exchange Group,
Inc. to permanently zone
the 1.829 ; acre tract to
PD (Planned Develop-
ment to include Office
Showroom)`zoning.
Anyone 'wishing to
speak FOR'or AGAINST
this request' is Invited to
attend thiq,,Public Hear-
ing and voice their opi-
nion.
If further, information
Is needed,S'call the Allen
'Municipal'; Annex,
Department of Com-
munity Development, at
727-9171 or 424-7518
(Metro) and refer to Zon-
ing Case No. Z8.22-83 38.
Marty Hendrix,
City Secretary
(Published •` in The Allen
Americap, on Thursday,
Se `tembar 22, 1983).
4
AFFIDAVIT AND PROOF OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF COLLIN
BEFORE ME, the undersigned authority, on this day personally appeared JACK R. STEIN, 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-
dnously for more than twelve months prior to publishing
N s7. -
hof which the e a
attached is a true written copy, and which was published in THE ALLEN AMERICAN on
4- 101 3 /P3
and which was issued on 1 L C)
of Collin County, Texas. A printed copy of said publication
SUBSCRIBED AND SWORN to before -me this
Publisher's Fee S''7 ` U
7`O. 1' O
CITY OF ALLEN '
PUBLIC NOTICE
The following or-
dinances were adopted
by the Allen City Council
In a regular session held
on Thursday, October 6,
1983 (Titles and Penalty
Clauses only.).
, ORDINANCE. NO.
462.10.83: An Ordinance
•of'the City of Allen, Col-
lin County, Texas, An-
nexing the Hereinafter -
Described Territory to
the City of Allen, Texas,
'Approximately 1.8298
Acres Lying In the Lewis
Wetsel Survey, Abstract
No. 978, and Being
Generally Described as
West of State Highway 5,
Between the Intersec-
tions of Thoreau Lane
and High Meadow Drive, ,
Collin , County;, Texas,
and Extending the Boun-
dary Liths pf the Qity So
Ali .to,,lnclude Said
Herel•nafter-
DescrlbedPr•operty
Within 'the City Limits
and Granting to All in-
habitants and Owners of
Said Property All of the .
Rights and Privileges of
Other Citizens and Bin-
ding All Inhabitants By
All the Ordinances_ Acta_
Resolutions and Regula-
tions of Said Clty; Pro-
viding a Severability
Clause; and Providing for'
,the :Effective Date of
,�Ssld50rdinonce.
ORDINANCE NO.I
464.10-83: An Ordinance
of the City of Allen, Col-
lin County, Texas, Amen-
ding the Comprehensive
Zoning Ordinance No.
366.10.81, of the City of
Allen, . as Heretofore
'Amended, so as to
Change the Zoning
Classification of 34.7005
Acres Out of the
Fol lowing -Described,
41.7105 Acre Tract of
Land from, R-2
(Residential) District
Classification to 5.19
Acres of R-3 (Residential) !
District Classification;
, 27.6433 Acres to R-4
(Residential) District
Classification; .And
2.0472 Acres to LR (Local
Retail) District
Classification. Said Tract
of Land Being,Descrlbed,-
as Follows: Approx-
Imately 41.7105 Acres
Tract .,Located, In the
William Snider Survey,
Abstract No. 821, Collin
County, Texas; Further
Described as Being the
Southeast Corner of F.M.
2170 and -.Malone Road*'
Providing for a Penalty of;
`Fine Not to Exceed the
Sum of Two Hundred
Dollars ($200.00) for
Each Offense; Providing
a- Severabihty Clause;
and Providing for the Ef-
fective Datq,ot Said Or-
dinance.
That any person, firm
or corporation. violating
any of the provisions or
terms ofthis ordinance
shall be"subject to the
-acme penalty as provid-",
ed for'ln the Comprehen-
sive Zoning Ordinance of
the City of Allen as
heretofore amended, and
!-upon'conviction shall be
punished by a fine not to
3tf�m _of Xwolx d'iund: Dollars
each of -.i
I fen se.
Notary Public in and for Collin County, Texas
3:> Z w r-. v- Q-2, �L`0- i`•'-
0RDI14ANC-E -NO--
465.10.83: An ordinance
of the City of Allen, Col-
lin County, Texas, amen-
ding the comprehensive
zoning ordinance of the
City of Allen, as
heretofore amended, so
as to establish perma-
nent zoning, to -wit: "PD"
planned development
No. 14, on the following -
described tract of land:
approximately 1.8298
acres of land, more or
less, out of the Lewis
Weisel Survey, abstract
No. 978, Collin County,
Texas; providing for use
regulations; providing
for a site plan; prbviolng
for a penalty of find not
to exceed the sum of two
,,hungred dollars ($200.00)
`for. each offense; pro-
viding for a severability
clause; and providing for:
the effective date of said i
ordinance. i
That any person, firml
or corporation 'Violating
any of the provislons pr
terms of this ordinance
shall ;be subject to the
sam9'penalty as 'provid-I
ed for In the Comprehen•
sive,Zoning Ordinance of
'the City of Allen, as'
-heretofore amended, and
upon conviction shall be
,punished by a fine not to.
-exceed the sum of Two
Hundred : Dollars.
;(5200.00)- _for .each• ol-
Anse.
ORDINANCE NO.
46810 83: An ordinance
of the City of Allen, Col-
Iln County, Texas, amen-
, ding Comrehensive zon-•
,ing.,.Ordinance-, No.:
,,388.10-81 so as to add a
,,Central B431ness District
"Classi.flcatIon
,
establishing allowable
uses under said district
:by amending the
.;schedule of .uses, chang-
• Ing .aoningA classifica-
tions";witfilh the boun-
.,darles of the Central
�Businesa District to
"CBD"' by amending the
zpning map, ' and
;establishing re-
'-quirements for alto plan
.''approval through they
public hearing process
.'by 'amending Section
:.2.09, Site Plan Approval;
providing a saving
.,clause; providing Injunc-
tive relief; providing for a
penalty of fine not to ex-
ceed the sum of two hun-
dred dollars ($200.00) for
each offense; and pro-
'viding an effective date.
That any person, firm
or Lcorporation violating
any of the provisions or
terms of this Ordinance
shall be subject to the
same penalty as provid-
ed for In the Comprehen-
sive Zoning Ordinance of
the' Clty of Allen, Texas,
and upon conviction
shall be punished by a
fine not to exceed Two
Hundred Dollars
($200.001, for each, of-
fense.
Copies of `'these or-
dinances may be read or
purchased In the Office
of the City Secretary,'
Allen •Municipal Annex,
One Butler Circle, Allen,
City Secretary "
(Publlsh'in Tha Allent
American on Monday,
October 10, 1983 and
Thursday, October 13,
19831.
CJr 1
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POINT OF
BEGINNING
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1850FF,815
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VOL 1850FALL816
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Lme ORDINANCE 462-10-83 Ut
o d free EXHIBIT "A" V01. NURSERY
P9. 230
1.8298 Acres
r Overhead Power Line '
uj9 09'00"W 722.05'
STATE HIGHWAY N 0.5If
SURVEY PLAT
DATE: July 6, 1983
TO ALL PARTIES INTERESTED IN PREMISES SURVEYED:
This is to certify that I have this date made a careful and accurate survey on the ground of the property
described as follows:
SITUATED in the State of Texas, County of Collin in the Lewis Wetsel Survey, Abstract No. 978, and being
more particularly described as follows:
BEGINNING at an iron rod marking the intersection of the westerly line of State Highway No. 5 with the
west line of said Lewis Wetsel Survey;
THENCE with the west line of said Lewis Wetsel Survey, NO°16'58"E, a distance of 682.74 feet to an iron
rod marking the southwest corner of a parcel conveyed and recorded in Deed Volume 1273, Page 230 of the
Collin County Deed Records;
THENCE with the south line of said parcel, S89°50'34"E, a distance of 233.49 feet to an iron rod on the
westerly line of State Highway No. 5;
THENCE with the westerly line of State Highway No. 5, S19°09'00"W, a distance of 722.05 feet to the place
of beginning and containing 1.8298 acres of land.
The plat hereon is true and correct to the best of my professional knowledge and belief. There are no
encroachments or protrusions except as shown.
Jack WjRoome, Registered Pi
r
t
C Surveyor, No.
Q9
.�o
,Set I.R.
X
r.
JACK W. ROOME
.V .............¢,
295