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CITY OF ANNA, TEXAS
ORDINANCE NO. 524-2010
AN ORDINANCE ANNEXING INTO THE CITY OF ANNA, TEXAS THE
HEREINAFTER DESCRIBED TERRITORY ADJACENT TO AND ADJOINING THE
CITY OF ANNA, TEXAS, TO WIT: BEING A CERTAIN AREA OF LAND SITUATED IN
THE ROBERT A JOHNSON LAND SURVEY, ABSTRACT NUMBER A0479 , W. E.
THROCKMORTON SURVEY, ABSTRACT NUMBER A0899, WILLIAM KITCHINGS
LAND SURVEY, ABSTRACT NUMBER A0504, JOHN COFFMAN LAND SURVEY,
ABSTRACT NUMBER A0197, AND THE THOMAS RATTAN LAND SURVEY,
ABSTRACT NUMBER A0782, COUNTY OF COLLIN, STATE OF TEXAS;
AMENDING THE OFFICIAL CITY MAP; PROVIDING FOR A SERVICE PLAN;
REQUIRING THE FILING OF THIS ORDINANCE WITH THE COLLIN COUNTY
CLERK; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR ENGROSSMENT AND ENROLLMENT;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Anna, Texas ("CityD) is a home-rule municipality located in Collin
County, Texas, created in accordance with the provisions of the Texas Local
Government Code and operating pursuant to the enabling legislation of the State of
Texas and the City's Home-Rule Charter; and
WI-IEREAS, the City desires to annex into its corporate limits the hereinafter described
territory adjacent to and adjoining the City (hereinafter, referenced as the "Territory"), to
wit: being a certain area of land situated in the Robert A Johnson and survey, Abstract
Number A0479, W. E. Throckmorton land survey, Abstract Number A0899, William
Kitchings land survey, Abstract Number A0504, John Coffman land survey, Abstract
Number A0197 and the Thomas Rattan land survey, Abstract Number A0782, County of
Collin, State of Texas and more particularty described in the attached Exhibit A, which is
incorporated herein for all purposes; and
WHEREAS, all statutory notice requirements relating to the annexation of the Territory
pursuant to Chapter 43 of the Texas Local Government Code have been satisfied; and
WHEREAS, two public hearings were conducted in accordance with Section 43.052 of
the Texas Local Government Code to consider the annexation of the Territory; and
WHEREAS, said public hearings were conducted and held no more than forty (40) days
nor less than twenty (20) days prior to the institution of annexation proceedings; and
WHEREAS, the City Council of the City of Anna, Texas ("City Council") has determined
that it would be advantageous and beneficial to the City, its citizens, and the inhabitants
of the Territory, to annex the Territory to the City; and
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WHEREAS, the City Council has determined that the Territory is adjacent to and
adjoins the City; and
WHEREAS, the City Council has investigated, determined and officially finds that no
part of the Territory is within the extraterritorial jurisdiction of any other incorporated city
or town; and
WHEREAS, to the extent that this ordinance would cause an unincorporated area to be
entirely surrounded by the City's corporate limits, the City Council has found-and
incorporates herein its finding-that surrounding the area is in the public interest; and
WHEREAS, a service plan providing for the extension of municipal services into the
Territory, which was prepared prior to and made available at the aforementioned public
hearings, is attached hereto as Exhibit B and incorporated herein for all purposes; and
WHEREAS, all procedures and proceedings related to this ordinance and to the
annexation of the Territory have been undertaken and aded upon in accordance with
the Texas Open Meetings Ad, as applicable; and
WHEREAS, after hearing the arguments for and any arguments against the annexation
of the Territory, the City Council finds that the Territory should be annexed;
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS:
Section 1. Incorporation of Recitals. The above-stated recitals are incorporated into
this ordinance as if set forth in full here for all purposes.
Section 2. Territory Annexed.
(8) The Territory, described in Exhibit A attached hereto, which is hereby made an
integral part of this ordinance, lying adjacent to and adjoining the present corporate
boundaries of the City, is hereby added and annexed into the City. and the Territory
shall hereafter be included within the corporate boundary limits of the City, and the
present boundary limits of the City are altered and amended so as to include the
Territory within the corporate limits of the City.
(b) From and after the passage of this ordinance, the Territory shall be a part of the
City. and, subjed to the municipal service plan referenced in Section 4 of this
ordinance, the inhabitants thereof shall be entitled to all of the rights, privileges and
immunities as all other similarly situated citizens of the City, and shall be bound by all of
the ordinances and regulations enaded pursuant to and in conformity with the general
laws of the State of Texas.
(c) The area excludes any portion of County Roads 284 and 286.
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Section 3. Official City Map Amended.
(a) The official map and boundaries of the City's corporate limits are hereby amended
so as to include the Territory.
(b) The City Manager is hereby directed and authorized to perform or cause to be
performed all acts necessary to update the official map of the City to add the Territory
hereby annexed as required by law, but any delay in or failure to update such map shall
in no way impact or affect the validity of this ordinance or this annexation.
Section 4. Municipal Service Plan. The municipal service plan for the Territory,
attached hereto as Exhibit B, was submitted in accordance with Chapter 43 of the
Texas Local Government Code and is hereby approved as part of this ordinance.
Section 5. Filing of Ordinance. The City Secretary is hereby directed to file or cause
to be filed a certified copy of this ordinance in the office of the County Clerk of Collin
County, Texas, and any other necessary agencies, including the United States
Department of Justice.
Section 6. Cumulative Repealer. This ordinance shall be cumulative of all other
ordinances and shall not repeal any of the provisions of such ordinances except for
those instances where there are direct conflicts with the provisions of this ordinance.
Ordinances, or parts thereof, in force at the time this ordinance shall take effect and that
are inconsistent with this ordinance are hereby repealed to the extent that they are
inconsistent with this ordinance.
Section 7. Severability. If any section, article, paragraph, sentence, clause, phrase or
word in this Ordinance, or application thereof to any person or circumstance, is held
invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not
affect the validity of the remaining portions of the Ordinance, and the City Council
hereby declares it would have passed such remaining portions of the Ordinance despite
such invalidity, which remaining portions shall remain in full force and effect.
Section 8. Engrossment and Enrollment The City Secretary of the City of Anna is
hereby directed to engross and enroll this ordinance by copying the Caption in the
minutes of the City Council of the City of Anna and by filing this ordinance in the
ordinance records of the City.
Section 9. Effective Date. This ordinance shall be in full force and effect from and after
its date of passage.
PASSED by the City Council of the City of Anna, Texas, this 14th day of December,
2010, by the following vote of the members of the City Council as present:
AYES 7 NAYS 0 ABSTAIN 0
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ATTEST: APPROVED:
Csecretary. atha IIkison Ma .............,LI
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Exhibit A
Tract 1
Situated in Collin County, Texas and being part of the W. E. Throckmorton Survey,
Abstract No. 899, the W. Kitchings Survey, Abstract No. 504 and being more particularly
described as follows:
BEGINNING in the west right-of-way of U.S. Highway Number 75 and the northeast
comer of Rancho Del Norte Section One Subdivision, said point also being in the
northeast comer of Lot 1;
THENCE southerly with the west right-of-way of U.S. Highway Number 75 with the
following calls;
South 08 degrees 39 minutes 21 seconds west a distance of 188.93 feet;
South 07 degrees 08 minutes 34 seconds west a distance of 612.04 feet;
South 18 degrees 03 minutes 40 seconds west a distance of 13.92 feet;
South 03 degrees 26 minutes 10 seconds west a distance of 613 .29 feet;
South 03 degrees 50 minutes 33 seconds west a distance of 576.91 feet;
South 07 degrees 13 minutes 09 seconds west a distance of 602.24 feet;
South 12 degrees 02 minutes 13 seconds west a distance of244.99 feet;
South 06 degrees 44 minutes 20 seconds east a distance of 199.19 feet;
THENCE north 89 degrees 10 minutes 31 seconds west a distance of 823.85 feet to a
point for comer;
THENCE south 02 degrees 01 minutes 57 seconds west a distance of 441. 77 feet to a
point for comer;
THENCE north 88 degrees 23 minutes 00 seconds west a distance of 50.0 feet to a point
for comer;
THENCE north 02 degrees 01 minutes 57 seconds east a distance of 1,535.39 feet to a
point for comer;
THENCE north 02 degrees 01 minutes 57 seconds east a distance of 1,135.71 feet to a
point for comer;
THENCE south 89 degrees 10 minutes 31 seconds east a distance of 664.97 feet to a
point for comer;
THENCE north 01 degrees 25 minutes 06 seconds east a distance of 809.07 feet to a
point for comer;
THENCE south 88 degrees 34 minutes 54 seconds east a distance of397.56 feet to the
PLACE OF BEGINNING and containing 54.5 acres of land more or less.
Exhibit A
Tract 2
SITUATED in Collin County, Texas in the T. Rattan Survey, Abstract No. 782, and in
the J. Coffman Survey abstract No. 197 and being part of the Sixth Tract of land that is
described in Deed Recorded in Volume 605, Page 312 of the Deed Records of Collin
County, Texas, and being more particularly described by metes and bounds as follows:
BEGINNING at the North line of said tract and the west right-of-way of U.S. Highway
Number 75;
THENCE southerly with the west right-of-way of U.S. Highway Number 75 with the
following calls;
South 17 degrees 19 minutes 36 seconds west a distance of 41.21 feet;
South 04 degrees 58 minutes 36 seconds west a distance of 601.33 feet;
South 14 degrees 39 minutes 36 seconds west a distance of201.00 feet;
South 08 degrees 47 minutes 36 seconds west a distance of 850.89 feet;
South 48 degrees 44 minutes 36 seconds west a distance of46.00 feet;
South 08 degrees 47 minutes 36 seconds west a distance of 7.00 feet;
THENCE north 88 degrees 46 minutes 24 seconds west a distance of 347.40 feet to a
point for comer;
THENCE south 02 degrees 34 minutes 36 seconds west a distance of 113.40 feet to a
point for comer;
THENCE north 85 degrees 34 minutes 26 seconds west a distance of 1,507.29 feet to a
point for comer;
THENCE north 21 degrees 12 minutes 34 seconds east a distance of 779.31 feet to a
point for comer;
THENCE north 75 degrees 27 minutes 26 seconds west a distance of 716.45 feet to a
point for comer;
THENCE north 04 degrees 39 minutes 23 seconds east a distance of96.16 feet to a point
for comer;
THENCE north 05 degrees 33 minutes 24 seconds west a distance of 664.00 feet to a
point for comer;
THENCE north 16 degrees 01 minutes 28 seconds west a distance of 156.64.00 feet to a
point for comer in a curve to the right with a radius of 64 feet and a chord bearing of
north 46 degrees 35 minutes 12 seconds east a distance of 113.65 feet;
THENCE with said curve a distance of 139.88 feet to a point for comer;
THENCE south 70 degrees 48 minutes 07 seconds east a distance of 798.99 feet to a
point for comer in a curve to the left with a radius of 120 feet and a chord bearing of
north 64 degrees 20 minutes 55 seconds east a distance of 169.26 feet;
THENCE with said curve a distance of 187.87 feet to a point for comer;
THENCE north 19 degrees 29 minutes 56 seconds east a distance of 776.98 feet to a
point for comer;
THENCE south 62 degrees 18 minutes 00 seconds east a distance of 1,579.55 feet to the
PLACE OF BEGINNING and containing 101.80 acres ofland more or less save and
except any portion of County Road Number 286.
AREA "0" LEGAL DESCRIPTION
Tract 1
I 1----244.99' S 12d2'13" W
I j
I L-199.19' S 6d44'20" E
i ~-"82i85'NJ9d10;31°;Vlr,-J
I Ito
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L 50.00' N 8&:123'0" W
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AREA "0" LEGAL DESCRIPTION
Tract 2
i "...,....
i4J '..
fD ;j
~, 'P.>C'ij'f!jradius =64.00 !l:'Qj
(j l ......length =139.88 i~chord bearing = 113.65' N 46d35'12" E B -?i....... /~
98.99·...... !~ s 7a.:;;~.... I "'\~ -U<J(l')":........ ' 41.21' S 17d19'36" W
156.64' N 16d1'28" • 12·~·" radius = 120.00 i ~, B
ih length = 187.87 i.
'._~ chord bearing =169.26' N 64d20'55" E I~
It) ~iiio'z ,-.It)~b ~!~ o ~,CI) \~ 101.8 acres ;
~96.16' N 4d39'23" E ;
.. 716 i~201.00' S 14d39'36" WNl5d2~~~..... , i~ w ""'l '.
4Ji !~
k i ,;~~i Q) ~i ~0
~_; ia,
... !~ ~! .0 ~; I~
/.5/ i 46.00' S 48d44'36" W
---,-_M97.29' N§5d34'26" r'-'-",\-.)-'
CR 284 -"-"-'--'-'-"-Yf____,_,_,~ \34~~~~~=;::W
\ \ ~113.40' S 2d34'36" W
a 200 400 6~ ~-""" !
EXHIBIT B
ANNEXATION SERVICE PLAN
POLICE PROTECTION
On the effective date of annexation, the City of Anna, Texas and jts Police Department
will provide police protection to the newly annexed area at the same or similar level of
service now being provided to other areas of the City of Anna, Texas with similar
topography, land use, and population density within the newly annexed area.
FIRE PROTECTION
On the effective date of annexation, the City of Anna, Texas and its Fire Department will
provide fire protection to the newly annexed area at the same or similar level of service
now being provided to other areas of the City of Anna, Texas with similar topography,
Jand use, and population density witrnn the newly annexed area.
EMERGENCY MEDICAL SERVICES
On the effective date of annexation, the City of Anna, Texas, through its contract with
Collin County or another service provider, will provide emergency medical services to
the newly annexed area at the same or similar level of service now being provided to
other areas of the City of Anna, Texas with similar topography, Jand use, and population
density within the newly annexed area.
SOLID WASTE COLLECTION
On the effective date of annexation, the City of Anna, Texas, through its contract with
Bradshaw and Son or another service provider, will provide solid waste collection to
residents and businesses in the newly annexed area {to the extent that the service
provider has access to the area to be serviced) at the same or similar level of service
now being provided to other areas of the City of Anna, Texas with similar topography,
land use, and population density within the newly annexed area. Such service will .be
provided in accordance with existing City policies and Ordinances, and only upon
payment of any required deposits and the agreement to pay lawful service fees and
charges for solid waste collection.
Residents and businesses of the newly annexed area that have exisUng contracts with
solid waste service providers have two years from the date of annexation or until the
termination date of the existing contract, whichever is sooner, to begin solid waste
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collection service through the City. Solid waste collection is mandatory for City of Anna
residents and businesses operating within the city limits.
WATER AND WASTEWATER FACILITIES
On the effective date of annexation, any and all water or waste water facilities owned by
the City of Anna, Texas at the time of annexation shall be maintained and operated by
the City of Anna, Texas. Of such facilities, the City will maintain the main water
transmission and wastewater collection lines. All water and wastewater service lines
(up to and including the service line connection with the City's main line,shall be
maintained by the property owner served by the service connection.
Residents and owners of property in newly annexed areas that are located within the
City's water or wastewater CCN will be offered water and wastewater service in
accordance with City policies and ordinances in existence at the time of annexation or
as may be amended from time-to-time by the City Council. Generally, these ordinances
state that the land owner or customer must bear the cost of construction of water and
wastewater system facilities to a point where suitable connection to the existing system
can be made and service to the customer can be provided. All water and wastewater
facilities designed to connect to the City's existing system must be approved .by the City
and meet all City zoning, subdivision, and other development ordinances and
requirements.
ROADS AND STREETS
On the effective date of annexation, any and all existing public roads or streets in the
newly annexed area which have been dedicated to ColUn County, Texas or to the City
of Anna, Texas, or which are owned by the City of Anna, Texas shall be maintained to
the same degree and extent that other roads and streets are maintained in areas of the
City with similar topography land use and population density. Specific maintenance
activities are determined by available funding and the need for maintenance as
determined by the City. The City is not obligated to maintain any portion of a private
road or street. Any and all lighting of roads and streets which may be positioned in a
public right of way, roadway Of utility company easement shall be maintained by the
applicable utility company servicing that area of the City of Anna, Texas pursuant to the
rules regulations and fees of such utility.
An owner of land within the newly annexed area that desires to develop said property
will be required pursuant to the ordinances of the City of Anna, Texas to provide internal
and peripheral streets and to construct those streets in accordance with the
speCifications required by the City of Anna, Texas.
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PARKS PLAYGROUNDS AND SWIMMING POOLS OR ANY
OTHER PUBLICLY OWNED FACILITY BUILDING OR SERVICE
The City Council of the City of Anna, Texas is not aware of the existence of any public
parks, public playgrounds, public swimming pools, or any other publicly owned facility,
building or service now located in the area proposed for annexation. In the event any
such parks, playgrounds, swimming pools, or any other public facilities, buildings or
services do exist and are public facilities, the City of Anna, Texas will maintain such
areas upon annexation to the same extent and degree that it maintains public parks,
pubJic playgrounds, public swimming pools, other public facilities buildings or services
and other similar areas of the City now incorporated in the City of Anna, Texas.
To the extent that it becomes necessary because of development demands population
growth or a bona fide need, the City Council ofthe City of Anna, Texas will undertake to
provide any such facility which it deems necessary to ,adequateJyprovide for the health
and safety of the citizens of the newly incorporated area based upon the standard
considerations of topographY,Jand use and population denSity.
OTHER MUNICIPAL SERVICES
Following annexation by the City of Anna, Texas, the City w1H provide code
enforcement, planning, and animal control services to the newly annexed area, to the
extent such services are funded in the annual budget and provided by the City within its
full-purpose boundaries. Such services will be provided to the newly annexed area at
the same or similar level of service now being provided to other areas of the City of
Anna, Texas with similar topography, land use, and population density within the newly
annexed area.
CONSTRUCTION OF CAPITAL IMPROVEMENTS
The City Council of the City of Anna, Texas finds and determines it to be unnecessary
to acquire or construct specific capital improvements for the purposes of providing full
municipal services to the newly annexed area. The City Council finds and determines
that it has at the present time adequate facilities to provide the same type, kind and
level of service which exists in and is presently being administered to other areas
already incorporated in the City of Anna, Texas with the same or similar topography,
land use and population density.
SPECIFIC FINDINGS
The City Council of the City of Anna, Texas finds and determines that this proposed
Service Plan will not provide any fewer services and it will not provide a lower level of
service in the area proposed to be annexed than were in existence in the proposed area
at the time immediately preceding the annexation process. Furthermore the City
Council of the City of Anna, Texas finds and determines that the rural nature of the ,area
Page 30f4
is characteristically different from other more highly developed areas within the
corporate limits of the City of Anna, Texas. Consequently because of the differing
characteristics of topography, land use, and population density the service levels which
may ultimately be provided in the newly annexed area may differ somewhat from
services provided in other areas of the City of Anna, Texas. These differences are
specifically dictated because of differing characteristics of the property. The City of
Anna, Texas will undertake to perform consistent with this contract so as to provide this
newly annexed area with the same type, kind and quality of service presently enjoyed
by the citizens of the City of Anna, Texas who reside in areas of similar topography,
land use and population density.
TERM
This Service Plan shall be valid for a term of ten (10) years. Renewal of the
Service Plan shall be at the discretion of the City Council.
AMENDMENTS
This Service Plan may be amended if the City Council determines ata public
hearing that changed conditions or subsequent occurrences make this Service
Plan unworkable or obsolete. The City Council may amend the Service Plan to
conform to the changed conditions or subsequent occurrences pursuant to Texas
Local Government Code, Sectton 43.056.
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