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O-1035-6-913648 061 0382B8 ORDINANCE NO. 1035-6-91 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ANNEXING THE HEREINAFTER -DESCRIBED TERRITORY TO THE CITY OF ALLEN, TEXAS, APPROXIMATELY 49.562 ACRES LOCATED IN THE SIMON BURNS SURVEY, ABSTRACT NO. 92, 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 received a recommendation from the Allen Parks and Recreation Department that the hereinafter -described property owned by the City of Allen be annexed into the corporate limits of the City of Allen; and, WHEREAS, after notices were duly published, public hearings on the proposed annexation were held by the City Council of Allen on May 2, 1991, 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 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. 3648 062 DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, ON,THEth. DAY OF ,Tune , 1991. ,7 tiQ F •., •�*� APPROVED: ek r! ; Jefe Farmer, MAYOR IlR lit O'vEi4`49-f6 FORM: ATTEST: der TTORNEY J y Mo ' n, CITY SECRETARY Ordinance No. _i n -i r; - h - 9 1 Page 2 3648 063 CITY OF ALLEN, COLLIN COUNTY, TEXAS SERVICE PLAN FOR ANNEXED AREA Annexation Ordinance No. 10 3 5 - 6 - 91 Date of Adoption of Annexation Ordinance: June 6, 1991 Acreage Annexed: 49.562 Acres Survey, Abstract & County: Located in the Simon Burns Survey, Abstract No. 92, 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, 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 utilization, and population density of the area, as determined by the City Council, within four and one-half (4-1/2) years from the date of adoption of the annexation ordinance, or upon commencement of development within this area, whichever occurs later. 3. Within four and one-half (4-1/2) years from the date of adoption of the annexation ordinance, the same level of fire and emergency ambulance services will be provided to this area as are 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. " 3648 064 Complaints of ordinance or regulation violations within this area will be answered and investigated by existing personnel within 60 days of the effective date of the annexation ordinance. 2. The city's building, plumbing, electrical, gas, heating and air conditioning, and all other construction codes will be enforced within this area beginning within 60 days of the effective date of the annexation ordinance. Existing personnel will be used to provide these services. 3. The city's zoning, subdivision, sign and other ordinances shall be enforced in this area beginning within 60 days of the effective date of the annexation ordinance. 4. All inspection services furnished by the City of Allen, but not mentioned above, will be provided to this area beginning within 60 days of the effective date of the annexation ordinance. 5. Within four and one-half (4-1/2) years from the date of adoption of the annexation ordinance, sufficient personnel will be provided to furnish this area the same level of Environmental Health and Code Enforcement Services as are furnished throughout the city. D. Planning and Zoning Services The planning and zoning jurisdiction of the city will extend to this area within 60 days of the effective date of the annexation ordinance. City planning will thereafter encompass this property, and it shall be entitled to consideration for zoning in accordance with the city's Comprehensive Zoning Ordinance and Comprehensive Plan. E. Park and Recreation Services 1. Residents of this property may utilize all existing park and recreational services, facilities, and sites throughout the city, beginning within 60 days of the effective date of the annexation ordinance. 2. Additional facilities and sites to serve this property and its residents will be acquired, developed and maintained at locations and times provided by applicable plans, policies and programs and decisions of the City of Allen. This property will be included in all plans for providing parks and recreation services to the city. The same level of parks and recreation services shall be furnished to this property as is furnished throughout the city. 3. Existing parks, playgrounds, swimming pools and other recreational facilities within this property shall, upon dedication to and acceptance by the city, be maintained and operated by the City of Allen, but not otherwise. 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 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 Service Plan - Ordinance No. 1035-6-91 Page 2 a 36,48 065 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 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. Service Plan - Ordinance No. 1035-6-91 Page 3, . I 3648.. 066 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. 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. 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. CD Cn i Service Plan - Ordinance No. 1035-6-91 Page 4 Return To' CITY SECRETARY= City of -Allen One Butler Circle Allen, Texas 75002 364,8; 067 r. 1111iKE"EEN; PJ"'i°Fi!" ni^S ^MOTS p(• n� [' 1114 vi��L: RECITAL 0!", USE OF THE DESCRIBED REAL PROPERTY ECAUSE OF COLOR OR RACE IS ENW LID MID MIEN- UCEABLE WHOM E'EDDEMAL U44. NATE OF TEXAS COUNTY OF COLLIN Filed on the date and time stamped hereon by me and was duly recorded in the volume and page of the named records of Collin County, Texas as stamped hereon by me JUL 16 1991 d COUNTY CLERK, Collin County, Texas ORDINANCE NO. 1035-6-91 PROPERTY DESCRIPTION BEING a tract of land in the Simon Burns Survey, Abstract Number 92 and being that tract conveyed to Texins Association as recorded in Volume 604, Page 79, Deed Records, Collin County, Texas, and being more particularly described as follows: BEGINNING at a 5/8 -inch iron rod found in the center of a 40 -foot wide public road; THENCE South 89 degrees 32 minutes 36 seconds West, a distance of 1,724.80 feet, to a P. K. nail found for the southwest corner in the center of a public road; THENCE North 0 degrees 16 minutes 34 seconds West, along the center of said road, a distance of 1,055.12 feet to a Railroad spike with punch set for the northwest corner; THENCE South 89 degrees 53 minutes 44 seconds East, along an established fence line, a distance of 665.30 feet to a square 3/4 inch iron pipe found for the re-entrant corner of this tract; THENCE North 0 degrees 32 minutes 50 -seconds East, along an established fence line, a distance of 329.95 feet, to a 5/8 -inch iron rod found for the most northwest corner of this tract; THENCE North 89 degrees 54 minutes 29 seconds East, along an established fence line, a distance of 1,061.67 feet to a 5/8 -inch iron rod found for the northeast 'corner of this tract; THENCE South 0 degrees 0 minutes 38 seconds' West, a distance of 11368.37 feet to the POINT OF BEGINNING AND CONTAINING 21158,908 square feet or 49.562 acres of land more or less. I®■MI I1 r�,�NIC t ,g --f Lr i ORDINANCE 1035.6-91zT 6�' THENCE SOU t1) 99 degroect 5d IT) iflu tps 29 geCoIlds Fast., aIr,)rtg of It 0 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 #1035-6-91 of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on Wednesday June 12, 1991 & Sunday June 16, 1991__ and which was issued on June 12, 1991 by City of Allen of COLLIN COUNTY, TEXAS. A printed copy of said publication is attached hereto. SUBSCRIBED AND SWORN to before me this day o A.D. 19 q� ����•,�-V.A. TODD MY COMMIa810n EXPIRE!-- j►J Dooember 5, 1992 NOTARY PUBLIC in and for COLLIN COUNTY, TEXAS Publisher's fee $ 31 . 5 0 CITY ALLEN PUBLIC NOTICE Notice is hereby given that the Allen City Council adopted the following ordinances at their regular meeting held on Thursday, June 6, 1991 (Title only): Ordinance No. 1035-6-91: An Ordinance of the City of Allen, Collin County, Texas, Annexing the Hereinafter -Described Ter- ritory to the City of Allen, Texas, Approxi- mately 49,562 Acres Located in the Simon Burns Survey, Abstract No. 92, Collin County, Texas, and Extending the Bound- ary 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 Ordi- nances, Acts, Resolutions and Regula- tions 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 CITY ALLEN PUBLIC NOTICE Notice is hereby given that the Allen City Council adopted the following ordinances at their regular meeting held on Thursday, June 6, 1991 (Title only): Ordinance No. 1035-6-91. An Ordinance of the City of Allen, Collin County, Texas, Annexing the Hereinafter -Described Ter- ritory to the City of Allen, Texas, Approxi- mately 49,562 Acres Located in the Simon Burns Survey, Abstract No 92, Collin County, Texas, and Extending the Bound- ary 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 Ordi- nances, Acts, Resolutions and Regula- tions 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 J JRD:LLT:FHD:mnb DJ 166-012-3 91-2164 Ms. Judy Morrison City Secretary One Butler Circle Collin County, Texas 75002 Dear Ms. Morrison: US. Department of Justice Civil Rights Division kvbw Sarion Pa Bar 66128 N4tiiirgma, QG =35� 6128 RECEIVED S E P 0 31991 CITY OF ALLEN This refers to the annexation (Ordinance No. 1035-6-91 (1991)) to the City of Allen in Collin County, Texas, submitted to the Attorney General pursuant to Section 5 of the Voting Rights Act of 1965, as amended, 42 U.S.C. 1973c. We received your submission on June 28, 1991. The Attorney General does not interpose any objection to the specified change. However, we note that Section 5 expressly provides that the failure of the Attorney General to object does not bar subsequent litigation to enjoin the enforcement of the change. See the Procedures for the Administration of Section 5 (28 C.F.R. 51.41). Sincerely, John R. Dunne Assistant Attorney General Civil Rights Division By: Gerald W. Jones Chief, Voting Sec 'on CITY OF ALLEN ORDINANCES & RESOLUTIONS YEAR ORDINANCE/RESOLUTION DRAWING(S) LOCATED HERE IN THE FILE, WERE FILMED ON A (number) 35MM MICROFILM ROLL. THE ORIGINAL ROLL WAS DUPLICATED, AND THE DUPLICATE ROLL LOADED INTO MICROFILM JACKETS. The 35mm microfilm jackets for the entire year are filed at the end of all 16mm microfilm jackets for that year. All 16mm and 35mm jackets are consecutively numbered.