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HomeMy WebLinkAboutOrd 278-2006 Annexation of 305.43 acre area along South Powell Pkwy.pdfCITY OF ANNA, TEXAS ORDINANCE NO. 278.2006 ANNEXATION OF 306.43 ACRE AREA.ALONG SOUTH POWELL PARKWAY (CITY INITIATED ANNEXATION) 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, the City Council of the City of Anna has determined that orderly, planned development of the city requires that annexation of major corridor areas be accomplished and development regulations be extended to these areas; WHEREAS, the area along both sides of South Powell Parkway (SH 5) is one of the most important corridors in the city and is also a major gateway into the community; and WHEREAS, the tracts described in Exhibit A 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 1. The land and territory described in Exhibit A, attached hereto and hereby made an integral part of this Ordinance, hying 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. ORD. N0.278-2006Mahon - S. P w H QVritlor 305.43 Ac s P8W 1 0f 2 07-25-M 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. PASSED on this the 25th day of July, 2006, by the following vote of all members of the City Council as present: AYES NAYS ABSTAIN ATTEST: APPROVED: ORD. NO. 2782006 Annua0on- 3. Po"N Corridor 305..43 Acres Page2of2 07-25-05 EXHIBIT A Being a 305.43 -acre tract of land situated in the RC. Ingrabam Survey, Abstract No. 464 and the Grandison Stark Survey, Abstract No. 798, in Collin County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a point at a point in the east line of State Highway No. 5 and being the southwest comer of a tract of land deeded to Tommy Cunningham recorded in Volume 802, Page 604 of the Collin County Deed Records, said point also being in the city limits of the City of Anna; THENCE North 5016'0" East a distance of 50.08 feet along the east right-of-way said State Highway No. 5 to a point for comer; THENCE East, -leaving the east Tight -of -way of said State Highway a distance at 386.1 feet to a point for comer; THENCE North 5017'24" West, a distance of 307.84 feet to a point for comer; THENCE East, a distance of 481.80' feet to a point for comer in the west right-of-way of the DART line; THENCE North, a distance of 353 feet to a point for corner in the west right-of-way of the DART line; THENCE East, a distance at 227.97' crossing the DART right-of-way to the East right -of, way line of the said DART line to a point for comer; THENCE South 1059'24" West, a distance at 176.59' feet to a point for comer in a curve to the right with a radius of 2,973.19 feet and a chord distance and bearing of South 10056'54" West a distance of 922.75'; THENCE along said curve to the right an are distance of 927.69 feet and a delta of 1752'38" to a point for comer; THENCE South 19053'45" West, a distance at 3,259.98 feet to a point for comer in the north right-of-way of County Road number 422; 1 OF 3 THENCE South 89'38'33" with the north right-of-way of County Road 422 a distance of 812.01 feet to a point for comer; . THENCE South 0°21'27" West a distance of 1,526.90 feet to a point for comer; THENCE North 8854'28" West a distance of 1,39334 feet to a point for comer in the east right-of-way of the Said DART line; THENCE South 19050'00" West a distance of 1,179.87 feet to apoint for comer in the south right -of --way of County Road number 421; THENCE North 89°17'37"West, following the south right-of-way line of County Road Number 421 which changes to County Road Number 366 at State Highway Number 5 a distance of 1,737.42 feet to a point for comer, THENCE North 11052'46" East, a distance of 1,843.03 feet to a point for comer; THENCE South 86°30'53" East, a distance at: 9.48 feet to a point for corner, THENCE North 5044'07"East, a distance of 670.40 feet to a point for comer; THENCE North 6051'53"West, a distance of 421.01 feet to a point for comer, THENCE North 89'49'OT'East, a distance of 1,207.70 feet to a point for comer in the west right-of-way line of County Road Number 423; THENCE North 1 °48'35"East, following the west right-of-way lime of County Road Number 423 a distance of 1,413.12 feet to a paint for comer in a curve to the right with a radius of 539.83 feet and a chord distance and bearing of North 20048'19" East a distance of 351.42 feet; THENCE along said curve to the right an are distance of 357.94 feet and a delta of 3759'28" to a point for comer; THENCE North 39048'04"East, a distance of 143.27 feet to a point for comer; THENCE South 88"2'58"West, a distance of 203.23 feet to a point for comer; THENCE North 0021' 19"East, a distance of 1.332.5 feet to a point for comer; THENCE South 88'17' 14"East, a distance of 1,167.20 feet to a point for comer; 2 OF i THENCE East, a distance at 100.42 feet to the POINT OF BEGINNING AND CONTAINING APPROXIMATELY 305.43 ACRES OF LAND MORE OR LESS SAVE AND EXCEPT THAT PORTION ALREADY WITHIN THE CITY LMHTS OF THE CITY OF ANNA AND A 1 ACRE TRACT RECORDED IN VOLUME 5279 PAGE 1702 OF THE DEED RECORDS OF COLLIN COUNTY TEXAS. 3 OF Exhibit B EXH113IT B ANNEXATION SERVICE PLAN 305.43 ACRE TRACT JULY, 2006 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 some 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 the annexation of the property. SOLID WASTE, BRUSH, AND REFUSE COLLECTION SERVICES Refuse Service Citizens in newly annexed areas will receive wild waste (trash), brush, and refuse service in accordance with existing city ordinances. Generally, the ordinances provide single family residential pick-up service 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 is provided by the City through a contractor and sendce 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 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. ORD NO 279-20 Annexing 305.43 um S. Powell Pak y Page 1 of 07-25-06 Exhibit B The City currently contracts with private fines 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 end residents. It also regulates packing, 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 natters. (2) Assist citizens in matters related to their properties and maps containing requested If6r —P.M 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. ORDN027&2006 Amaxug 30543 acr¢v S. Pouen Pak" Page 2 of 07-25-08 Exhibit B 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 withiin 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 andlor property owners of the community. Fire protection services will be implemented immediately upon the effective date of the annexation of the property. 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 a 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 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. ORD NO 278-2005 Avnwang 305,43 Bares S. Pow ll Pakwy Page 3 of 5 07-1548 Exhibit 8 It is anticipated that sanitary sewer service will be provided to this property through construction by the property owner(s) of offsite and onstle facilities. 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 stab: 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 most to 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 regulators and specifications. Some of the property annexed through this ordinance is located within an area jointly certificated for water service to the North Collin Water Supply Corporation (NCWSC) and the City of Anna. NCWSC and Anna have an agreement under which the City of Anna can provide water service to all areas divided into tracts/lots of one acre or less is size. The City of Anna will desire to provide service bD the annexed tract. NCWSC is to be paid a specified amount per acre for the area to be served by Anna. The property owners) in the annexed area are expected to pay the required CCN purchase price at the time that Anna water service is requested to serve the area. Some of the property annexed through this ordinance is located within the certificated area of the South Grayson Water Supply Corporation. South Grayson WSC will continue to supply water in the area in which the SGWSC has a certificate and the annexation has no effect on the certificate or the service capabilities of the SGWSC. The development regulations of the City of Anna will pertain irrespective of the water service provider. ORD NO 278-2006 My ft 305.43 acres S. ft dr PA" Page 4 of 5 07-25-06 Exhibit B The policy for private service lines will remain the saltie as exists in the current City limits. If the City of Anne is the water service provider, the City will maintain water lines from the water main to the water meter. All repairsimainfenance from the meter to the Dint of usage is the property owner's responsibility. If the City of Anna is the water service provider, water service rates will be assessed at the same rate as established for other city customers in the same use classification. ORD NO 278-2006 A�305.43 ores S. Powell PA" page 5 of 5 07-25-06 r I nor}