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O-795-6-87ORDINANCE NO. 795-6-87 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ANNEXING THE HEREINAFTER -DESCRIBED TERRITORY TO THE CITY OF ALLEN, TEXAS, APPROXIMATELY 60.0033 ACRES LOCATED IN THE FRANCIS DOSSER SURVEY, ABSTRACT NO. 280, AND THE GEORGE PHILLIPS SURVEY, ABSTRACT NO. 701, 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, after notices were duly published, public hearings on the proposed annexation were held by the City Council of Allen on May 7, 1987, 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 \ Ordinance No. 795-6-87 - Page 1 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 4th day of JUNE 1987. APPROVED: ATTEST: Marty Hendrix, CM City Secretary ROVED AS TO FORM: A. Don Crowder, City Ordinance No. 795-6-87 - Page 2 DESCRIPTION BEING a tract of land situated in the FRANCIS DOSSER SURVEY, ABSTRACT NO. 280 and the GEORGE PHILLIPS SURVEY, ABSTRACT NO. 701, Collin County, Texas, and being part of a called 160.171 acre tract of land des- cribed in deed from Charles B. Bush, et al, to Elizabeth B. Bush, as recorded in Volume 1598, Page 379, Deed Records, Collin County, Texas, and being all of a called 60.00 acre tract of land described in deed from Mike Allison, Trustee, to L. A. Sears, Trustee, as recorded in Volume 1740, Page 816, Deed Records, Collin County; Texas, and being more particularly described as follows: BEGINNING at a 1/2" diameter iron rod found in the centerline of County Road No. 196, said iron rod also being at the Northeast corner of said Bush tract and at the Southeast corner of a called 103.337 acre tract of land described in Deed of Partition between Lubelle Byrd and Elizabeth B. Roberts, as recorded in Volume 784, Page 322, Deed Records, Collin County, Texas, said iron rod also being in the West line of a tract of land described in deed to D. S. Stacy, as recorded in Volume 635, Page 56, Deed Records, Collin County, Texas, THENCE S 00001'44" W, 1040.96 feet, with the said centerline of County Road No. 196 and with the said West line of Stacy tract, to a 1/2" diameter iron rod found in the most Westerly North line of a called 151.575 acre tract of land described in deed from Glen W. and Oleta E. Petefish to Inter Urban (Stacy Road) Ltd., as recorded in Volume 1986, Page 483, Deed Records, Collin County, Texas, said iron rod also being in the South line of said Phillips Survey and the North line of the J. Dixon Survey, Abstract No. 276; THENCE N 89022'37" W, 187.50 feet, with the said North line of Inter Urban (Stacy Road) Ltd. tract and with the said South line of Phillips Survey and the North line of Dixon Survey, to a 1/2" diameter iron rod found in the East line of said Dosser Survey; THENCE S 00030'34" W, 157.78 feet, with the West line of said Inter Urban (Stacy Road) Ltd. tract and with the said centerline of County Road No. 196 and with the said East line of Dosser Survey and with the West line of said Dixon Survey to a 1/2" diameter iron rod set; THENCE S 89050'39" W, 1939.12 feet -to a-1/2" diameter iron rbd set in the East line of said Bush tract and the West line of a called 180.170 acre tract of land described in deed from Charles B. Bush, et al, to, Bryan B. Bush, as recorded in Volume 1902,1Page 143, Deed Records, Collin County, Texas; THENCE N 08007122" W, 1203.77 feet,: -with the said West line of Bryan B. Bush tract and with the said East line of Elizabeth B. Bush tract, to a 1/2" diameter iron rod set in the South line of said 103.37 acre tract; THENCE N 89044'38" E, 2298.64 feet, with the said South line of 103.337 acre tract and along an old fence line and hedqerow part of the way, to the PLACE OF BEGINNING and containing 60.0033 acres, more or less. ATTACHMENT TO: Ordinance No. 795-6-87 Adopted: 6-4-87 CITY OF ALLEN, COLLIN COUNTY, TEXAS SERVICE PLAN FOR ANNEXED AREA Annexation Ordinance No. 795-6-87 Date of Adoption of Annexation Ordinance: June 4 , 19 8 7 Acreage Annexed: 60.0033 Acres Survey, Abstract do County: Located in the Francis Dosser Survey, Abstract No. 280, and the George Phillips Survey, Abstract No. 701, 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. 795-6-87 Service Plan - Page 1 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. 795-6-87 Service Plan - Page 2 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. 795-6-87 Service Plan - Page 3 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 the electric utility providing street light service in accordance with current city policies. 5 - 6 - 8 Ordinance No. Service Plan - Page 4 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 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. L 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 Ordinance No. 795-6-87 Service Plan - Page 5 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 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. 795-6-87 Service Plan - Page 6 City of Atten APPLICATION FOR ANNEXATION DATE: U/�j✓ 3� I �� The Honorable Mayor and City Council City of Allen Allen, Texas 75002 We, the undersigned, being the owners of all interest in the hereinafter described land, which is contiguous and adjacent to the present corporate limits of the City of Allen, Texas, and upon which less than three (3) qualified voters reside, do hereby petition the Mayor and City Council of the City of Allen, Texas, to annex to such city the described property for the purpose of development, and further agree that services to the particular area will be provided within two and one-half (2-1/2) years or upon commencement of development, whichever occurs later. A complete metes and bounds description of the property to be annexed, as well as a map or plat, have been attached hereto and bear the seal of a Registered Texas Surveyor. t Received by the,City Secretary, City of Allen, Texas on: s �E U1 1987➢ 13 CITY OF ALLEN CITY SECRETARY �I ti Signed: 4 Name: Address: S ,7,E P•0, 13vk is5O Phone: 2Iq -630 - SID0 AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN BEFORE NLE, the undersigned authority, on this day personally appeared R. WAYNE WEDGEWORTH, 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 IesS frequently than once a week, having a general circulation in said county, and having been published re,ularly and continuously liar more than MVIVe months prior to publishing Notice of Public Hearing - Request for Annexation, May 7, 1987 at 7:30 pm. of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on April 22, 1987 and which was issued on April 2 2 1987 he City Rllen of Collin County, Texas. A printed copy of said publication is , the roto SUBSCRIBED AND SWORN to before me this 11th day of Mg(y A.D. 1987 Publisher's fee S I % _ C)n Notary Plic in and for Collin County, Texas CITY OF ALLEN , NOTICE OF PUBLIC HEARING Notice is hereby given that the Allen'City Council will conduct a public hearing on Thursday, May 7, 1987, at 7:30 p.m., in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas, to consider a request for annexation of 60.0033 acres of land out of the Francis Dosser Survey, Abstract No.,280 and the George Phillips Survey, Abstract No. 701, Collin .County,.Texas located north--of- Stacy Road, west of U.S. 75 and south of the extension of Ridgeview Drive, as requested by property owner S.R.E. Limited. Anyone wishing to speak FOR or AGAINST this request is invited to attend this public hearing and voice their opinion. If further information is needed, call the Allen Municipal Annex, at 727-9171 or 424-7518 (metro). Marty Hendrix, CITY SECRETARY I(TO BE PUBLISHED IN THE ALLEN) AMERICAN ON WEDNESDAY, APRIL 22,1 1987.) 1 AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN BEFORE NIE, the undersigned authority, on this day personally appeared R. WAYNE WEDGEWORTH,�� who hay ing been by me duly sworn, on oath deposes and says: That he is publisher of THE ALLEN ANIERICAN, a newspaper published in Collin County, Texas, not loss fralucntly than once a week, having a general circulation in said county, and having been published regularly and continuously fur more than twelve month; prior to publishing Notice of Public Hearing - Request for Annexation, May 7, 1987, at 1:00 pm. of which the attached is a true and written copy, and which was published in THE ALLEN ANIERICAN on April 22. 1987 and which was issued on April 22, 1987 of Collin County, Texas. A printed copy of said publication SUBSCRIBED AND SWORN to before me this 11th Publisher's fee S 12.60 e Citv of Allen atta day of M6(y , A.D. 1987 . _ NoLlry Publ c in and for Collin County, Tc\as CITY OF ALLEN 11 NOTICE OF PUBLIC HEARING Notice is hereby given that the Ci Allen will conduct a public hearing Thursday, May 7, 1987, at 1:00'p.m., ii Council Chambers, of the Allen Muni Annex, One Butler Circle, Allen; Texe consider a request for anhexatio 60.0033 acres of land out of the Fn Dosser Survey, Abstract No. 280 ani George Phillips Survey, Abstract No. Collin:County, Texas, located norl Stacy, Road, west of U.S. 75 and sou the extension of Ridgeview Drive requested by'property owner S. Limited." ' Anyone wishing to speak FOI AGAINST rthis request is invited to al this public hearing and voice their opi If further information is needed, ca Ailen Municipal Annex, at 7277917 424-7518 (metro). Marty He CITY SECRET e , (TO BE PUBLISHED IN THE --AL 1AMERICAN ON WEDNESDAY, APRI 1987.) . G AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN BEFORE NIE, the undersi;ncd authority, on this day personally appeared R. WAYNE `\'EDGEWORTH, whohaying been by me duly sworn, on oath deposes and says: That he is publisher of THE ALLEN ANIERICAN, a newspaper published in Collin County, Texas, not less fralucntly than once a week, having a general circulation in said county, and having been published regularly and continuously for more than twelve months prior to publishing Piihlir NntinP — Adoption of Ord. #795-6-87 of which the attached is a true and written copy, and which was published in THE ALLEN ANIERICAN on June 10, 1987 and June 14, 1987 and which was issued on of Collin County, Texas. June 10. 1987 A printed cop)' of said publication SUBSCRIBED AND SWORN to before me this 21St day of JCI 1 y the Citv of.Allen , A.D. 1987 �� Publisher's fee S 32.40 Notary Publo in and for Collin County, Texas PUBLIC NOTICE: NOTICE is hereby given that the Allen cit'/ Council at their regular meeting h6ld on Thursday, June 4, 1987,, adopted the following ordinance (Title only): Ordinance No. 795-6-87: An ordinance of the City of Allen, Collin County, Texas, Annexing the Hereinafter -Described Terrirory to the City of Allen, Texas, Approximately 60.0033 Acres Located in the Francis Dosser Survey, Abstract No. 280, and the George Phillips Survey, Abstract No. 701, 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. A copy of this ordinance may beread or purchased in the office of the City Secret- ary, City of Allen, One Butler Circle, Allen, Texas. Marty Hendrix, CMC CITY SECRETARY TO BE PUBLISHED IN THE ALLEN AMERICAN ON WEDNESDAY, JUNE 10, 1987 AND SUNDAY, JUNE -14,1987. CITY OF ALLEN PUBLIC NOTICE: NOTICE is hereby given that the Allen City Council at their regular meeting held on Thursday, June 4, 1987, adopted the following ordinance (Title only): Ordinance No. 795-6-87: An ordinance of the City of Allen, Collin County, Texas, Annexing the Hereinafter -Described Terrirory to the City of Allen, Texas, Approximately 60.0033 Acres Located in the Francis Dosser Survey, Abstract No. 280, and the George Phillips Survey, Abstract No. 701, 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. A copy of this ordinance may be read or purchased in the office of the City Secret- ary, City of Allen, One Butler Circle, Allen, Texas. Marty Hendrix, I CITY SECRET TO BE PUBLISHED IN THE ALLEN AMERICAN ON WEDNESDAY, JUNE 10, 1987 AND SUNDAY, JUNE 14, 1987. S. H,) 12100 ZINC �1i�! _ 0." ALMA 121 LTD. . INES CHARLES ER iw WILLIAM S. IM CAMPBELL BUSH 'Y BLI 0.17 \ R BE - 1 _ TF(INFaFE LOW BUSH • :�� MIKE ALLISO / �A O•It; , P SITE LOCATION MAP �.__