Loading...
O-475-11-83ORDINANCE NO. 475-11-83 16315 VOL ITTF'A,:F_ AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, t TEXAS, ANNEXING THE HEREINAFTER -DESCRIBED TERRITORY TO THE CITY OF ALLEN, TEXAS, APPROXIMATELY 179.04 ACRES LOCATED IN THE W. J. JACKSON SURVEY, ABSTRACT NO. 484, AND THE WILLIAM PERRIN SURVEY, ABSTRACT NO. 708, 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. c 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 October 20, 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: 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 Ordinance No. 475-11-83 - Page 1 VUL i850Fti.'E867 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 17th day of November , 1983. APP S TO FORM: A. rowder, ity Attorney APPROVED: M. B. Pierson, Mayor ATTEST: Marty Hendrix, C y Secretary Ordinance No. 475-11-83 - Page 2 ATTACHMENT TO ORDINANCE NO. 475-11-83, adopted 11/3/83 "EXHIBIT A" Page 1 LEGAL DESCRIPTION AONTEXAS NON REQUEST CITYOF LLEN 0L 868 Being 179.04 acres of land located in the W. J. JACKSON SURVEY, Abstract 484 and the WILLIAM PERRIN SURVEY, Abstract No. 708, Collin County, Texas, and being more particularly described by metes and bounds as follows; BEGINNING at a point in the North line of the aforesaid W. J. JACKSON SURVEY, said point lying West 28.94 feet from the Northeast corner of said survey, said point also being in the centerline of Rowlett Road at its intersection with the West right-of-way line of U. S. Highway No. 75; THENCE Southerly along said West right-of-way line of U. S. Highway No. 75 as follows: 1. S 000 39' 44" E, 25.00 feet to a point; 2. S 090 12' 43" E, 189.90 feet to a point; 3. S 260 56' 33" W, 285.60 feet to a point; 4. S 390 24' 20" W, 146.11 feet to a point; 5. S 510 27' 17" W, 353.02 feet to a point; 6. S 270 45' 23" W, 280.28 feet to a point; 7. S 000 08' 25" E, 326.77 feet to a point; 8. S 120 50' 28" W, 146.61 feet to a point at the Beginning of a Non -tangent Curve to the Left; 9. 1,081.33 feet along said Curve to the Left, having a radius of 11,602.20 feet, a central angle of 05° 20' 24" and a chord bearing S 230 15' 55" W, 1,080.96 feet to a ,i point at the End of said Curve; 10. S 200 35' 43" W, 1,499.57 feet to a point; 11. S 200 28' 00" W, 333.28 feet to a point; 12. S 330 04' 07" W, 97.35 feet to a point; 13. S 450 39' 06" W, 246.61 feet to a point; 14. S 320 25' 22" W, 308.31 feet to a point in the existing North right-of-way line of F. M. Road No. 2170; THENCE Westerly along said North right-of-way line of F. M. Road No. 2170 as follows: 1. S 570 02' 19" W, 90.92 feet to a point; 2. S 810 44' 10" W, 50.15 feet to a point; 3. N 890 35' 28" W, 419.39 feet to a point at the Beginning of a Curve to the Left; 4. 26.80 feet along said Curve to the Left, having a radius }, of 265.27 feet, a central angle of 050 47' 20" and a chord bearing S 87° 30' 52" W, 26.79 feet to a point; THENCE N 000 10' 00" W, 2,148.17 feet to a point; THENCE N 000 19' 19" E, 1,720.80 feet to a point; THENCE N 010 05' 54" E, 798.23 feet to a point; THENCE N 000 01' 04" E, 42.59 feet to a point in the center- line of the aforesaid Rowlett Road, said point being on a Curve to the Left,, r ATTACHMENT TO ORDINANCE NO. 475-11-83, adopted 11/3/83 "EXHIBIT A" Page 2 THENCE Easterly along said centerline of said Rowlett Road as follows: 1. 227.58 feet along said Curve to the Left, having a radius c. of 586.49 feet, a central angle of 22° 14' 00"and a chord bearing S 78° 40' 30" E, 226.16 feet to a point at the End of said Curve; C� 2. S 890 47' 30" E, 816.87 feet to a point at the Beginning of a Curve to the Left; 3. 299.30 feet along said Curve to the Left, having a radius cm of 557.00 feet, a central angle of 30" 47' 15"and a chord bearing N 740 48' 53" E, 295.71 feet to a point of Reverse Curvature being the Beginning of a Curve to the Right; 4. 204.81 feet along said Curve to the Right, having a radius of 385.33 feet, a central angle of 30° 27' 12"and a chord bearing N 740 38' 51" E, 202.41 feet to a point at the End of said Curve; THENCE N 890 52' 27" E, 1,129.79 feet to the PLACE OF BEGINNING and containing 179.04 acres of land. ►i WA #83-081 September 15, 1983 VOL 1850 A. , 870 CITY OF ALLEN, COLLIN COUNTY, TEXAS SERVICE PLAN FOR ANNEXED AREA Annexation Ordinance No. 475-11-83 Date of Adoption of Annexation Ordinance: 11/17/83 Acreage Annexed: Approximately 179.04 Acres Survey, Abstract & County: Located in the W. J. Jackson Survey, Abstract No. 484, and the William Perrin Survey, Abstract No. 708, 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. 475-11-83 Service Plan - Page 1 1s10. A. X871 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. i 475-11-83 Service Plan - Page 2 J v0L IQ50 872 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 accordance with existing city policies, beginning within 60 days of the Ordinance No. 475-11-83 Service Plan- Page 3 VOL 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. 475-11-83 Service Plan - Page 4 6 VOL �8o_874 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 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 maintained by the City of Allen beginning within 60 days of the effective date of the annexation ordinance. Ordinance No. 475-11-83 Service P1An - Page 5 r VOL18'D0F4.;.=8?5 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. 475-11-83 Service Plan - Page 6 f�J+' �" df, \ �rlf'YnOY�a` L10 w O a A l �W� C.) C W -I � C O C � - � a'� am o cA fD rye. Y W N m Q O nL\D N dd 50 C 1 n CD cpm Co G r d O T II 9:6 c 0 xxII U1 N M .p CITY SECRETARY City of Allen 1 Butler Circle Allen, Texas 75002 C 1 n Ln _ Cit CITY SECRETARY City of Allen 1 Butler Circle Allen, Texas 75002 AFFIDAVIT AND PROOF OF PUBLICATION STATE OF TEXAS 1TY OF COLLIN BEFORE ME, the undersigned authority, on this day personally appeared JACK R. STEIN, who having been 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- �ently than once a week, having a general circulation in said county, and having been published regularly and con- wously for more than twelve months prior to publishing if which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on bi k 0� 0--s. ind which was issued on �� 1 l d I , by C A—_1 64 UW -P,, )f Collin County, Texas. A printed copy of said publication is attached heidto. "'', _ / z� SUBSCRIBED AND SWORN to before me this 2Qx-,G day of %j -Z ��rjtr , A.D. 19 Notary Public in and for Collin County, Texas 'ublisher's Fee $ � � at) &'?-,� -)I-<�)-�> CITY OF ALLEN I+IOTICE OF PUBLIC HEARING • Notice is hereby given that'the Allen City Coun- 'cil'- at their regular meeting to be held gn Thursday, November 3; 1983, at 7:30 p.m., in the Council.Chambers of the Allen' Municipal ` Annex, One butlertircle, Allen, Texas, will conduct , a public , hearing, to con - Sider 'a request for 'an- nexation of approximate. ly _ 179.04 acres of land located in the. W. J. Jackson ' Survey, Abstract' No. 484 and the William- Perrin Surtiey, Abstract No. 708. This land is further described as being west of, U.S. 75, nortti 6f F.M. .2170 and: south of -Rowlett Road, as �equested,,by OPUB- CO Properties, Inc. Anyone wishing 'to speak FORor AGAINST this regrigst for annexa- tion is invited to attend this public hearing and voice their opinion. If further information is needed, call the Allen Muliicipal Annex, Department of Com. munity Development, or the City Secretary, at 727-9171 or. 424-7518 (metro). Marty Hendrix, CITI SECRETARY (Published In, the Allen American --t on Monday, Oct.'10,1983) 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: 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- tinuously 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 and which was issued on I �- (I , by of Collin County, Texas. A printed copy of said publication SUBSCRIBED AND SWORN to before me this Publisher's Fee $ %0..� • y e) IPM 0111 M: Oublic Notkei CITYCOF ALLEN any sum not to exceed PUBLIC NOTICE $200.00, and each and The following or- every day that such viola- dinances were adopted tion continues shall be by the Allen City Council construed to be a in a regular session held separate offense; provid- on Thursday; November ed, however that nothing 17, 1983 (Titles and! contained herein shall ' Penalty Clauses only). _ preclude the City of V0rdina Sr ce. ` No. ;Allen from bringing,suit 475.11-'83:_AniOrdinance for injunction for the of-the.City of Allen, Col- prevention of any lin County, Texas, An- threatened violation or nexing the Hereinafter- ' the removal of any struc- Described Territory to ture in violation of this the City of Allen, Texas, ordinance. Approximately 179.04 Ordinance No. Acres Located in the W. 477.11.83: An Ordinance J. Jackson Survey, of the City of Allen, Col-, Abstract No. 484, and the lin County, Texas, Amen- William Perrin Survey, ding the Sign Regula- Abstract.No. 708, Collin- tions Ordinance No. County, Texas, and Ex- 374-10-81. ,Section 10-5, tendingy the• Boundary By Requiring That -the Limits,of the City so -as Sign Control Board Elect to I'ncIude' 'Said Its Own 'Officers; Pro'• Hereinafter -Described viding a Penalty Clause, Property Within the City a SeverabilityClause and Limits and Granting to an Effective Date. All Inhabitants and Any person violating Owners;of Said Property " any. provisions or terms All of the Rights and of this Ordinance shall Privileges of Other be subject to the same Citizens and Binding All penalty as provided for in' Inhabitants by all the Or- the City of Allen, Texas, dinances, Acts, Resolu- Sign Regulations Or. tions and Regulations of dinance No. 374-10-81 as Said City; Providing a heretofor amended, and SeveFability•Clause; and upon conviction shall be Providing for the'Effec- punished by fine not to tive Date , of Said Or- exceed the sum of dinance. $200.00 for each offense Ordinance +a No. and each and every day 476.11.83: An Ordinance such violations shall of the City of Allen, Col- continue shall be deem - lin County, Texas, Amen- edto constitute a ding Ordinance•: No. separate' offense. 411.9-82 of the' City of Copies of these or - Allen, Texas; Providing dinances may be read or for Fees.fdr -Capital-lm- purchased in the office provements to the City's of the, City Secretary, Water jand'-- Sewer; Allen Municipal Annex, System;= Providing"for O-ne Butler Circle, 'Allen, Collection of Such Fees; Texas, , between the Providing for a Penalty, hours of 8:00 a.m. to 5:00 Clause; a Severability p.m. ' Clause and an Effective (Published in the Allen Date. ` `.�' American on Monday, Anyperson, firm or November' 21, 1983 -.and corporation who violates Thursday,, November 24, any provision of this or- 1983.) dinance shall be deemed guilty of a misdemeanor` and -; upon «bonvictibn thereof shall be fined Notary Public in and for Collin County, Texas t ;!" �(� corporation who violates any provision of this or- dinance shall tie"deemed' guilty of a misdemeanor and upon °conviction thereof shall be fined' any sum not to exceed $200.00, and each ) and every day that such viola- tion continues shall be construed 0o be a separate offense; provid- ed however that.nothing contained Herein shall preclude the City of Allen -from bringing suit for injunction for the prevention of any, CITY OF ALLEN PUBLIC-NOTICEt / The following ` or- dinances were adopted by the Allen City Council, in a regular,session'held on Thursday, November 17, 1983, (Titles and Penalty Clauses only). Ordinance No. 475.11.83: An.Ordinance of the City of'Allen, Col- lin County, Texas, An- nexing the Hereinafter- Described''Territory to the City of Allen, Texas, Approximately 179.04 Acres Located in the K J. Jackson, Survey, Abstract No. 484,4nd the William Perrin Survey, Abstract No. `708, Collin-, County, Texas, and Ex- tending 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' kight's and Privileges of Other Citizens and,B nding Alli Inhabitants by,all:the,Oi dinances,,Act§; 'Resolu- tions and,Regulations'of Said ;0ity; Q Providing f a Severability `Clause„anis, P1dv'id1ina "fonlheZ-Eff®c Or - 4 I , threatened violation or the removal of any struc- ture in violation of this ordinance. Ordinance No. 477.11.83: An Oidinancb of the City of Allen, Cdl- ,lin County; Texas, Amen- ding the Sign Regula- tions i Ordinance No. 374-10.81, Section 10-5, By Requiring That 'the Sign Control Board Elect Its Own Officers;' Pro- viding=a Penalty Clause, a SeverabilityClause and an Effective Date. Any person violating any provisions or terms of -this 0rdinance shall be'subject'to'the same penalty as provided for in the.City of Allen, Texas, -Sign ,Regulations Or- dinance No. 374-10-81 as heretofor amended, and a upon conviction shall be Jpunished.by fine not to exceed the `sum of $200.00 for each offense and each' and every day such violations shall continue shall be.deem- ed to oonstit-u1e a separate offense. '' Copies of these,, or- dinances may be read or purchased in the office of the_ City , `Secretary, Allen Municipal Annex, One Butler Circle,'Allen, Texas', between +tlie hours of 8:00 a.m:•to 5:00 F p.m. � (Published in the Allen American on -Monday, November 21, 1983 i aiid Thursday, November 24, 1983.) ' Ordinance` -No. 476.11.83: An Ordinance of the City of Allen, Col- lin County, Texas, Amen- ding Ordinance No. 411.9-82_ of, the City of Allen, `Texas;3Pro'viding' for Fees for Capital Im- provements to the City's, Water and Sewer System;'�Providing for Collection of Such Fees; Providing ; for, a f enalty Clause;k,`JASeverabil ity Clause and an Effective Date.