O-989-7-903318 941
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ORDINANCE NO. 989-7-90
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AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY,
TEXAS, ANNEXING THE HEREINAFTER -DESCRIBED TERRITORY TO
THE CITY OF ALLEN, TEXAS, APPROXIMATELY 191.789 ACRES
LOCATED IN THE D. B. HEARN SURVEY, ABSTRACT NO. 427, 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 June 7, 1990, all in strict
compliance with V.T.C.A., Local Government Code, Chapters 42 and 43; 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 City of Allen, Texas, and the same shall hereafter be included within the
Ordinance No. 989-7-90 - Page 1
3318 942
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 V.T.C.A., Local Government Code
§43.056, 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, i
this the 5th
day of July , 1990.
APPROVED AS TO FORM:
A. Don r,torney
APPROVED:
K
oe Farmer, Mayor
ATTEST:
Ju Morris City Secretary
Ordinance No. 999-7-90 - Page 2
3318 943
CITY OF ALLEN, COLLIN COUNTY, TEXAS
SERVICE PLAN FOR ANNEXED AREA
Annexation Ordinance No. 989-7-90
Date of Adoption of Annexation Ordinance: July 5. 1990
Acreage Annexed: 191.789 Acres
Survey, Abstract do County: Located in the D. B. Hearn Survey, Abstract No. 1427,
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 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,
Ordinance No. 989-7-90 Service Plan - Page 1
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Ordinance No. 989-7-90 Service Plan - Page 1
3318 g44
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 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
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. 989-7-90 Service Plan - Page 2
3318 945
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.
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. 989-7-90 Service Plan - Page 3
3318 946
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. Within four and one-half (4-1/2) years from the date of
adoption of the annexation ordinance, 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.
H. Water Services
1. Connection to existing city water mains for water service for
Ordinance No. 989-7-90 Service Plan - Page 4
3318 947
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
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
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. 989-7-90 Service Plan - Page 5
3318 948
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 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.
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.
3. This plan further incorporates, where applicable, as though
fully written herein, all requirements of V.T.C.A.. Local Government
Code §43.056 relating to the provision of municipal services to areas
annexed by municipalities.
Ordinance No. 989-7-90 Service Plan - Page 6
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3318 949
SURVEY PLAT
DATE: December 18, 1980
TO ALL PARTIES INTERESTED IN PREMISES SURVEYED:
EXHIBIT "A.. _' '(1):. ' �','�.,r: ( 'as•"'
ORDINANCE'`.NO. .9,89,E%,
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 Collin County, Texas, Out of the D. IS. Hearn Survey, Abstract ,.
No. 427, and being a resurvey of part of a called 65.82.8''.icre tract of land';;;:r
described as First Tract; a called 64 acre tract of land degcrihed as Parcel -".:'1'-; (
A, Second Tract; and a called 64 acre tract of land described as Parcel B,
Second Tract, in a deed from the Graduate Research Center of the Southwest.
to W. Nash Shelley, as recorded in Volume 602, Page 110 of the Collin
County Deed Records, and being more particularly described as follows:
BEGINNING at an iron rod found in place at the southwest corner of the
said called 64 acre (Parcel A) tract, same being the northwept corner
of the Easy Acres Addition to said Collin County ad recorded in Volume
6, Page 87 of the Collin County Map Records, said iron rod heing in the
center of a dirt road;
THENCE North, 4033.86 feet along the west line of said tracts to an iron
rod found in place at the southwest corner of a called 4.00 acre tract
of land conveyed to W. D. Wiser, said point being in said dirt road;
THENCE S89058'07"E, 641.99 feet along; an established fence on the south
line of the said called 4.00 acre tract to an iron rod found in place
at the southeast corner thereof;
THENCE N0*44'28"W, 271.23 feet along an established fence on the east
line of the said called 4.00 acre tract to an iron rod found in place
at the northeast corner thereof in the center of a county road;
THENCE S89°52146"E, 698.50 feet along the center of said county road
and along the north line of the said called 65.828 acre tract to the
northeast corner thereof;
THENCE S0017'35"E, 2133.81 feet along an established fence and hedge
row on the east line of the said called 65.928 acre tract to a Bois
D'Arc corner post at the southeast corner thereof;
THENCE N89008'17"E, 1268.47 feet along an established fence on the
north line of the said 64 acre (Parcel R) tract to a Bois D'Arc
post in the west K.O.W. line of F.M. Highway No. 2551;
THENCE S0002.'24"W, 2170.07 feet along; the west K.O.W. line of said
F.M. Highway No. 2551 to an iron rod found in place in the south line
of t_he said 64 acre (Parcel A) tract, same being the northeast corner
of said Easy Acres Addition;
THENCE S89011,'43"W, 2614.66 feet along the south line of the said 64
acre (Parcel A) tract and along the north line of the said Easy Acres
Addition to the place of beginning and containing 191.789 Acres of land,
more or less.
'rhe plat hereon is true and correct to the best of my knowledge and
belief. There are no encroachments or protrusions except as shown.
JACK W. 'ROOME
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i.,rk W. 'coin istcrrd I'uhlic Surveyor, No,
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DATE: December 18 1.980
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TO ALL PARTIES INTERESTED IN PREMISES SURVEYED:
• This is to certify that I e cadre a c
have this datdareful, and*aec'urate purve
on the grOLIfid Of the property de -scribed as follows: "y i4 --I. . Awv
lin County, T
ie as, out of Lhe 1). B. Rearn Sury
SITUATED in Col
-vey of part of, -.828 "hcre tract of I and"
No. 427, and being a resur 41 cal I ed 6 5
described as First Tract; a called 64 acre tract of land desext-bed a8 P a r c e
A, Second Tracts and a called 64 acre tract of land described wq Parcel 8
in a deed from the GraduaLe Research Center of the S
Second Tract, ou t hwe q t
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to W. Nash Shelley, as recorded In Volume 602, Page 110 of the C"ollin
County Deed Records, and being more partiCLIlarly described as, follows:1
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BEGINNING at an iron t rod found in place athe southwest roarer'
of, tfle
0, "I
said called 64 acre (Parcel A) tract same being the northwest corner
of the Easy Acres Addition to said Collin County as recorded in VolumeA S .. kli
6, Page 87 of the Collin County Map Records, said Iron rodheirig in the
center of a dirt road-,
4A
THENCE North, 4033.86 feet along the line of said tracts to an iron ,
rod found in place at the southwest corner of a called 4.00 acre tract
o land conveyed to W. D. Wiser, said point being in said dirt road -
THENCE S89'058'07"E, 641.99 feet along an established fence on the south,'
line of the said called 4.00 acre tract to an iron rocs found tn. place
zit the southeast corner thereof;
TEI'NCE NO"44 '28"WI 271 .23 feet along an established fence on the east
line of the said called 4.00 acre tract to fin iron rod found in pl4ce
at the northeast corner thereof in the center of a county road; 4
rr
HENCE S89052146"El 698.50 feet along the center of said county road
and along the riorth line of the said called 65.828 acre -tract to the
V, 11lw
thereof;
northeast corner
THENCE S0017'35"E, 2133.81 feet a - long an established fence and hedge
4
row on the east line of the said called 65.828 acre tract to a Bois
,'Arc corner post at the southeast corner thereof;
THENCE N89"08117,,E, 1268,47 feet along an established fence on the
north line of the staid 64 acre (Parcel B) tract to a Bois D'Arc
post in the west it. O.W. line of F. m. Highway No. 2551;
r
THENCE SO 02' 24"W, 2170. 07 feet along the west K. O.W. line of said
F',M.flighway No. 2551. to an Iron rod found in place in thesouth line
of Lhe said 614 acre (Parcel. A) trace, same being the northeast corner
of said Easy Acres Addltion-
THENCE S8_9('3'j'43"W) 2614.66 feet along the south line of the said 64
acre (Parcel A) rracc and along the north 1-ines of rhe said Easy Acres
Additiori to the place of beginning and containing 1.91 .789 Acres of land,
%
more or 'less.
'ft)e plat herpon Is true and correcr to the best of my knowledge and
bellef. There are no encroacl-unents or protrusions except as shown.
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ORDINANCE ,NO.' 989-7-90"
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ORDINANCE ,NO.' 989-7-90"
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3318' 951
ANY PROVISION HEREIN WHICH RESTRICTS THE SALE,
RENTAL OR USE OF THE DESCRIBED REAL PROPERTY
BECAUSE OF COLOR OR RACE IS INVALID AND UNEN-
FORCEABLE UNDER FEDERAL LAW.
;i A—, � OF C0�1N�' OF GOLLM
sns
on the date saw t,ereon ea end ras
im t t`.r varmn and cage of the 11: 14 00ft
If.
Return To: d Co;�c Coonty, lexaa xs smr..yeo ",eon by ME
CITY SECRETARY
City of Allen
One Butler Circle �`�' 4
Allen, Texas 75002�� y,mq,,teca
`Y OF ALLEN
BLIC NOTICE
I given that appropriate ac -
n by the Fire Marshal of the
to have the following
15 Bluebonnet
ie #2, Block 8, Lot 9)
316 Gardenia
e #2, Block 10, Lot 4)
Jennifer Court
(Clearview Estates, Block 3, Lot 5)
1320 Exchange Parkway
(Timberbend #2, Block 5, Lot 24)
1000 Timberbend Trail
(Timberbend #2, Block U, Lot 6)
brought into compliance with the City of
Allen Ordinance No 438-5-83 to eliminate
unsightly weeds and grass. No effort has
been made on the part of the property own-
ers to comply with the requirements of the
subject ordinance.
Let this notice serve as noWication that the
City of Allen will lake appropriate action to
bring the subject properties into com-
pliance and the city shall charge all ex-
penses incurred to the owners of the above
referenced properties.
/s/Judy Morrison
City Secretary
CITY OF ALLEN
PUBLIC NOTICE
Notice is hereby given that the Allen City
Council adopted the following ordinance at
their regular meeting held on. Thursday,
July 5, 1990 (Title only): ,
ORDINANCE NO. 989-7-90: An Ordi-
nance of the City of Allen, Collin County,
Texas, Annexing the Hereinafter -
Described Territory to the City of Allen,
Texas, Approximately 191.789 Acres Lo-
cated ui the D: B. Hearn Survey, Abstract
No. 427, 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 Grant-
ing•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 75002.
/s/Judy Morrison
City Secretary
i
�I
AFFIDAVIT AND PROOF OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF COLLIN
BEFORE ME, the undersigned authority, on this day personally appeared DEBBIE
TACKETT, who having been by me duly sworn, on oath deposes and says:
That she is the General Manager of THE ALLEN AMERICAN, a newspaper
published in COLLIN COUNTY, TEXAS, not less frequently than once a week, having a
general circulation in said county, and having been published regularly and continously
for more than twelve (12) months prior to publishing
Ordinance #989-7-90
of which the attached is a true and written copy, and which was published in THE
ALLEN AMERICAN on
Wednesday July 11, 1990 & Sunday July 15, 1990
and which was issued on July 1 1 , 1990
by The City of Allen of COLLIN COUNTY, TEXAS.
A printed copy of said lication is attached hereto.
6 / ) "J/,/" " M Le -41-1
SUBSCRIBED AND SWORN to before me this A ay of A.D. 19 90
A.t V.A. TOOL
MY COMMISSION EXPIRES
Ofcamber s, 1992
ARY PUBLIC in and for COLLIN COUNTY, TEXAS
Publisher's fee $31.-Q__