O-1268-7-94ORDINANCE NO. 1268-7-94
AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS,
ANNEXING THE HEREINAFTER -DESCRIBED TERRITORY TO THE CITY OF
ALLEN, TEXAS, APPROXIMATELY 57-W ACRES LOCATED IN THE JOHN
HUFFMAN • SURVEY, ABSTRACT NO. 416, COLLIN COUNTY, TEXAS, AND
EXTENDING THE BOUNDARY LINM OF THE CITY SO AS TO INCLUDE
SAID HEREINAFTER -DESCRIBED PROPERTY WITHIN THE CITY LIlVIITS
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 said 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 16,1994, 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,_Tcxas:
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.
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SECTION 4: That this ordinance shall take effect from and after its passage.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS,
ON THE 21 ST DAY OF JULY , 1994.
Acta.
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APPROVED AS TO FORM:
1
APPROVED:
Jot Farmer, MAYOR
ATTFST:
dt
J Mo n, CMC, CITY SECRETARY
Ordinance No. 1268-7-94 Page 2
CITY OF ALLEN, COLLIN COUNTY, TEXAS
SERVICE PLAN FOR ANNEXED AREA
Annexation Ordinance No. 1268-7-94
Date of Adoption of Annexation Ordinance:
Acreage Annexed: 57.566 Acres
July 21, 1994
Survey, Abstract & County: Located in the John Huffman Survey, Abstract No. 416, 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
C.
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.
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 (4-1j2) 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.
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.
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.
S. 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. 1268-7-94 page 2 I
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.
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
1268-7-94
Service Plan - Ordinance No. Page 3
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.
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.
Service Plan - Ordinance No. 1268-7-94 Page 4
EXHIBIT A
2,507,590 SQ. FT. / 57.566 ACRES
LEGAL DESCRIPTION
BEING a trac( of land situated in the JOHN HUFFMAN SURVEY, ABSTRACT NO. 416, COLLIN County,
Texas, and being part of a 124 acre tract described in a deed from James L. Angle to R.E. Rasor, etal
and recorde4 in Volume 389, Page 499, in the COLLIN County Deed Records, and also being a tract of
land conveygd to Lura Beth Smith and W.H. Rasor, III, by deed recorded in Volume 1503, Page 18, in
the COLLIN County Deed Records and being more particularly described as follows:
BEGINNING at a corner fence post found for corner in the North line of a called 106.113 acre tract of
land conveyed to OPUBCO PROPERTIES, INC. by deed recorded in Volume 1561, Page 905, in the
COLLIN County Deed Records, said point being N 87 deg. 39 min. 15 sec. W, a distance of 101.36 feet
from the Northeast corner of said 106.113 acre tract, said corner fence post also bears N 87 deg. 43
min. W, a distance of 1349. 42 feet from the Southeast corner of said 124 acre tract;
THENCE N 87 deg. 39 min. 15 sec. W, along the North line of said 106.113 acre tract of land, a distance
of 1259.43 feet to a point for corner, said point being in the East line of Custer Road, (F.M. Hwy. 2478),
(90 foot wide right-of-way);
THENCE N 0 deg. 40 min. 34 sec W, along the East line of said Custer Road, a distance of 1930.81 feet
to a wooden R.O.W. monument found for corner;
THENCE N 43 deg. 20 min. 19 sec. E, a distance of 64.89 feet to a wooden R.O.W. monument found
for corner, said monument being in the South line of McDermott Road, (F.M. Hwy. 2170), ( 100 foot
wide. right-of-way);
THENCE S 89 deg. 52 min. 05 sec: E, along the South line of said McDermott Road, a distance of
1205.36 feet to a 3/8 inch iron rod found for corner, said iron being the Northwest corner of a called
65.117 acre tract of land conveyed to Mary McDermott by deed recorded in Volume 790, Page 796,
COLLIN County Deed Records;
THENCE S 0 deg. 43 min. 44 sec. E, along the West line of said 65.117 acre tract, a distance of 846.93
feet to a point for corner;
THENCE S 0 deg. 59 min. 42 sec. E, continuing along the West line of said 65.117 acre tract, a distance
of 1179.96 feet to the POINT OF BEGINNING and containing 2,507,590 square feet or; 57.566 acres of
land more or less.
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Return To:
CITY SECRETARY
City of Allen
One Butler Circle
Allen, Texas 75002
AV PROVISIO,,NAAHEREIN WHIM RESTRICTS THE SALE, RENTAL OR USE OF THE
DESMFONCEl�tiLE UMP OKCER RTY BECAUSE FEOEML UWOF COLOR Ott �'S INVAUO AND
UNEEME STATE OF TEXAS) (COUNTY OF COLLIN)
Mnsy CKOfy that oft kwMrMnt W FU,EO M the FII NUmMr S�uuena
On MA Iris And the IMP SM -"d harm by me; and was duly RECORDED,
on ON OMeW PvM RICO* Of RMI PTOPKIy N Collin COMB• TvM On
JAN 10 1995
aowm c�nKoowN couFm, Tarws * , , �"
Filed for Record in:
COLLIN COUNTY TX
HONORABLE HEUN STARNES
On 1995/01/10
At 10:34A
Number: 95- 0002497
Type : OR 25.00
Z
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 #1268-7-94
of which the attached is a true and written copy, and which was published in THE
ALLEN AMERICAN on Wed. J u l y 27, 1994 & Sat. J u l
and which was issued on —July 27, 1994
by City of Allen of COLLIN COUNTY,TEXAS
30, 1994
A printed copy of said publication ' attached hereto.
SUBSCRIBED AND SWORN to before me this % day of .D 19 9�
.Ai 4101; V. A. TODD
MY COMMISSION EXPIRES
="�;E±" December 5, 1996
Publisher's fee $ 3 1 . 5 0
ARY PUBLIC in and for COLLIN COUNTY, TEXAS
CITY OF ALLEN
PUBLIC NOTICE
Notice is hereby given that the Allen Cityi
Council adopted the following ordinance ate
their regular meeting held on Thursday,
July 21, 1994 (Title only):
Ordinance No. 1268-7-94: An Ordinance
of the City of Allen, Collin County, Texas,,
Annexing the Hereinafter -Described Ter-
ritory to the City of Allen, Texas, Approxi-�
mately 57.566 Acres Located in the John,
Huffman Survey, Abstract No. 416, 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 ordinancemay be read or
purchased in the office of the City Secret-
ary, City of Allen, One Butler Circle, Texas
75002-2773.
/s/ Judy Morrison
CITY OF ALLEN
PUBLIC NOTICE
Notice is hereby given that the Allen City
(Notice
adopted the following ordinance at
'their regular meeting held on Thursday,
MJuly 21, 1994 (Title only):
Ordinance No. 1268-7-94: An Ordinance
of the City of Allen, Collin County, Texas,
Annexing the Hereinafter -Described Ter-
'ritory to the City of Allen, Texas, Approxi-
mately 57.566 Acres Located in the John
Huffman Survey, Abstract No. 416, Collin
County, Texas, and Extending the Bound-
lary 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-
cnances, 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, Texas
75002-2773—
/s./ Judy Morrison