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HomeMy WebLinkAboutOrd 172-2005 Annex BP Prod 3.113.pdfCITY OF ANNA, TEXAS ORDINANCE NO. 172-2005 AN ORDINANCE ANNEXING THE HEREINAFTER DESCRIBED TERRITORY TO THE CITY OF ANNA, COLLIN COUNTY, TEXAS, AND EXTENDING THE BOUNDARY LIMITS OF SAID CITY SO AS TO INCLUDE SAID HEREINAFTER DESCRIBED PROPERTY WITHIN THE CITY LIMITS AND ADOPTING A SERVICE PLAN FOR SAID TERRITORY AND ITS INHABITANTS WHEREAS, certain property owners have petitioned the City of Anna to have their property annexed to the City of Anna; and WHEREAS, said properties are adjacent to and adjoin the present boundaries of the City of Anna; and WHEREAS, a service plan providing for the extension of municipal services into the proposed annexed area and attached to this ordinance as Exhibit B and hereby made part of this ordinance was prepared prior to publication of notice of hearings and reviewed at said hearings; and WHEREAS, after hearing the arguments for and against the annexation, the City Council has voted to annex said territory to the City of Anna, Texas; now therefore Section I. The land and territory described in Exhibit A, attached hereto and hereby made an integral part of this Ordinance, lying adjacent to and adjoining the present boundaries of the City of Anna, Texas, is hereby added and annexed to the City of Anna, Texas, and said territory hereinafter described shall hereafter be included within the boundary limits of the City of Anna, Texas, and the present boundary limits of such city are altered and amended so as to include said area within the corporate limits of the City of Anna, Texas. Section 2. The above described territory and the area so annexed shall be a part of the City of Anna, Texas, and the inhabitants thereof, if any, shall be entitled to all of the rights and privileges of all citizens and shall be bounded by the acts, ordinances, resolutions, and regulations of the City of Anna, Texas. Section 3. The service plan providing for the extension of municipal services into the annexed area and attached to this ordinance as Exhibit B is hereby adopted. The City Secretary is hereby directed to file with the County Clerk of Collin County, Texas, a certified copy of this ordinance. ORD 172-2005 Annexing BP Prod 3.113 Acre. doc Page t of 2 01-11-2005 PASSED on this the 11th day of January, 2005, by the following vote of the members of the City Council as present: AYES `1 NAYS ABSTAIN C' APPROVED: �yor N ATTEST: 5( y City Secretary ORD 172-2005 Annexing BP Prod 3.113 Acre.dw Page 2 of 2 01-11-2005 EXHIBIT A 07/18 'OT 04:04 N0.445 03/05 BEING a 135,602 square foot tract or parcel of land situated in the Hiram Brinlee Survey, Abstract Number 30, in Collin County, Texas; being a part of that certain tract or parcel of land conveyed to SP Prod. Corporation as recorded in Volume 4961, Page 1430, of the Deed Records in Collin County, Texas (D.R.C.C.T.); said 135,602 square foot tract of land being more particularly described by metes and bounds as follows. BEGINNING at o 1/2" iron rod with cop stamped "LONE STAR" found for come, sold corner being the northwest corner of that certain tract of land conveyed to Johnny W. Airhart, as recorded under CCF/' 92— 0089857, O.R.C.C.T., said corner also being in the southeast right—of—way of State Highway No. 121 (a variable width right—of—way); THENCE S55'09'13"E along the southwest line of said Airport tract a distance of 526.00 feet to a point for comer,, THENCE S3450'47"W across and through said BP Prod. Corporation tract a distance of 208.71 feet to a point for corner; THENCE N55'09'13W a distance of 67343 feet to a point for comer, said corner being in the southeast right—of—way of the aforementioned State Highway No. 121, said corner bears, N4739'00"E a distance of 22.16 feet from a 1/2" iron rod with cap stamped "LONE STAR" found for corner; _ THENCE N4739'00" a distance of 212.79 feet to the POINT OF BEGINNING - CONTAINING a computed area of 135,602 square feet or 3.113 acres of land EXHIBIT B ANNEXATION SERVICE PLAN 3.113 ACRE BP PRODUCTS TRACT JANUARY, 2005 CODE ENFORCEMENT Code Enforcement includes activities of inspecting properties and buildings and securing compliance with adopted ordinances and codes relative to the following: (1) Tall grass and weeds (except for agricultural and ranch properties) (2) Trash and debris (3) Stagnant water and unsanitary conditions (4) Junked vehicles and parts (5) Junked appliances and materials (6) Enforcement of the Minimum Housing Code pertaining to maintenance and habitability of existing housing City code enforcement activities will be conducted in newly annexed territories under the same terms and on the same schedule and using the same procedures as for other areas inside the corporate limits. Code enforcement services will be implemented immediately upon the effective date of this ordinance. SOLID WASTE, BRUSH, AND REFUSE COLLECTION SERVICES Refuse Service Citizens in newly annexed areas will receive solid waste (trash), brush, and refuse service in accordance with existing city ordinances. Generally, the ordinances provide single family residential pick-up service s of plastic bags and metal cans of not larger than 20 gallons in size at curbside or streetside twice per: week for a fee that is established by the city council. "Service to multifamily -and non-residential customers ,e r is provided by the City through a contractor and service.schedule and facilities depends on the needs ;of. . the customer. Most large objects can be picked up on: an as -needed basis. The solid waste customer, Page 1 of 5 must arrange for large object pick-up by calling the City of Anna (972-924-3325). Present solid waste collection service routes will be extended to cover annexed areas. The City currently contracts with private firms that provide solid waste collection services. The individual customer will be provided information regarding solid waste collections services when the customer makes his/her water and/or sanitary sewer service deposit. These services will be implemented within sixty (60) days of the effective date of the ordinance of which this service plan is a part. Residents of the newly annexed area that have existing contracts with solid waste service providers have one year from the date of annexation or until termination date of the existing contract, whichever is sooner, to begin solid waste collection service through the City. Solid waste collection is mandatory for City of Anna residents and businesses operating within the city limits. PLANNING, ZONING AND MAPPING The function of planning, zoning, and mapping is to implement ordinances relating to zoning classifications within the City and to provide mapping resources. Zoning functions include the following: (1) Provide proper zoning classification of properties within the City. Zoning is a tool to designate the uses of property, such as residential, business, agricultural, industry, etc. Proper zoning ensures the best use for the property and, at the same time, protects adjacent properties from mixed uses that reduce property value and lower the quality of life for adjacent property owners and residents. It also regulates parking, building heights, lot coverage, noise pollution, setbacks, and regulations relating to the use of property. (2) Enforce zoning ordinances relating to uses permitted, parking, lot coverage, minimum building area, storage, heights, and other items. (3) Implement and enforce subdivision and plat requirements. (4) Provide assistance to citizens building on their property and handle complaints relating to land use and zoning. Mapping and drafting functions include the following: (1) Provide mapping resources of new territories, zoning; streets, water and sewer lines; easements, right-of-ways, subdivisions, lots, and other related matters. (2) Assist citizens in matters related to their properties and maps containing requested information. Page 2 of 5 These services will be provided to residents and property owners in newly annexed territories on the some basis as they are provided to residents and property owners in the existing incorporated area. Planning, zoning, and mapping services will be implemented immediately upon the effective date of this ordinance. FIRE PROTECTION SERVICES The City is served by the Anna Volunteer Fire Department, a private non-profit corporation. Fire protection services provided by the Anna Volunteer Fire Department to the City include response to fire calls and inspection of commercial and industrial structures for code violations. All fire protection services provided by the Anna Volunteer Fire Department within the existing corporate limits will be provided within the newly annexed area upon the effective date of the annexation. Volunteers are available for consultation on fire prevention on request by citizens and/or property owners of the community. Fire protection services will be implemented immediately upon the effective date of this ordinance STREET MAINTENANCE The street maintenance function is primarily supported from ad valorem (property) and sales taxes. Maintenance activities are determined by the level of funding and the need for maintenance as determined by the city council. Once the annexation of property included in this ordinance has been completed, all streets, roads, and bridges included in the annexed area will be added to the City's street maintenance program. Roadways in the newly annexed area will receive equal consideration with regard to maintenance as those within the existing corporate limits. Street maintenance services will be implemented immediately upon the effective date of this ordinance or after the acceptance by the City of the streets in a new subdivision, whichever is appropriate. WASTEWATER SERVICES Citizens in newly annexed areas will be offered sanitary sewer service in accordance with existing City ordinances. Generally these ordinances state that the customer must bear the cost of construction of Page 3 of 5 sewer system facilities to a point where service to the customer can be provided. All sanitary sewer facilities must be constructed in accordance with Texas Commission on Environmental Quality, Texas Department of Insurance, and City of Anna regulations and specifications. It is anticipated that on-site sanitary sewer service will be provided to this property through construction of appropriate facilities by the property owner. A Facilities Agreement may be developed that will identify the details regarding off-site sanitary sewer service for the newly annexed area. Sanitary sewer service provided by the City of Anna is not expected to be available to this property in the foreseeable future. The property owner and City agree that if such service shall be made available to the property through extension of the City's sanitary sewer system, the property owner may then be required to connect to the City's system. Per agreement with the property owner in a letter attached to and made part of this Exhibit, the property owner or his successor(s) will not require City of Anna wastewater collection and/or treatment services until such time as such services are readily available to the property. The policy for private service lines will remain the same as exists in the current city limits. That is, the City will maintain main transmission lines only. Only one connection per structure is permitted without specific written approval from an authorized official of the City. Sanitary sewer service rates will be assessed at the same rate as established for other city customers in the same use classification. WATER SERVICES Residents and property owners in newly annexed areas will be offered water service in accordance with existing City ordinances. Generally, these ordinances state that the customer must bear the cost of construction of water system facilities to a point where suitable connection to the existing system can be made and service to the customer can be provided. Water service facilities designed to connect an unserved area to the City's existing system must be approved by the City Council and meet all City zoning, subdivision, and other relevant requirements. All water mains must be constructed in accordance with Texas Commission on Environmental Quality, Texas Department of Insurance, and City of Anna regulations and specifications. It is anticipated that on-site water service will be provided to this property through construction by the property owner. A Facilities Agreement will be developed that will identify the details regarding off-site water service for the newly annexed area. Page 4 of 5 The policy for private service lines will remain the same as exists in the current City limits. That is, the City will maintain water lines from the water main to the water meter. All repairs/maintenance from the meter to the point of usage is the property owner's responsibility. Water service charges will be assessed at the same rates as established for other city customers in the same use classification The property annexed through this ordinance is located within the area certificated for water service to the North Collin Water Supply Corporation. Per an agreement between the City of Anna and North Collin Water Supply Corporation, under certain conditions the City of Anna may provide water service to the annexed property. Should those conditions pertain, the City of Anna reserves the right to provide water service to the annexed property. Under any circumstances the service and facilities provided in the annexed property must meet City of Anna subdivision and other regulations and standards for water service, unless written variance from those regulations and standards is granted by the City. Per agreement with the property owner in a letter attached to and made part of this Exhibit, the property owner or his successor(s) will not require City of Anna water services until such time as such services are readily available to the property Water service provided by the City of Anna is not expected to be available to this property in the foreseeable future. The property owner and City agree that if such service shall be made available to the property through extension of the City's water system, the property owner may then be required to connect to the City's system, under terms and conditions described above. If water service is provided by the City, the policy for private service lines will remain the same as exists in the current City limits. That is, the City will maintain water lines from the water main to the water meter. All repairs/maintenance from the meter to the point of usage is the property owner's responsibility. Water service rates will be assessed at the same rate as established for other city customers in the same use classification. Page 5 of 5