HomeMy WebLinkAboutOrd 532-2010 Annexing 190.3± Acres (Area N) RECORDEDArea N
CITY OF ANNA, TEXAS
ORDINANCE NO. 532-2010
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 D. VAN WINKLE LAND SURVEY, ABSTRACT NUMBER A0937, SISTER
GROVE ESTATES, HIRAM BRINLEE LAND SURVEY, ABSTRACT NUMBER A0030,
J. C. NEIL LAND SURVEY, ABSTRACT NUMBER A0659, AND THE JAS SORREL
LAND SURVEY, ABSTRACT NUMBER A0858, 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 ("City") 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
WHEREAS, 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 D. Van Winkle land survey, Abstract
Number A0937, Sister Grove Estate, Hiram Brinlee land survey, Abstract Number
A0030, J. C. Neil land survey, Abstract Number A0659, and the Jas Sorrel land survey,
Abstract Number A0858, County of Collin, State of Texas and more particularly
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
WHEREAS, the City Council has determined that the Territory is adjacent to and
adjoins the City; and
Ord. 532-2010 annexation area n.doc PAGE 1 OF4 12-14-10
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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 acted upon in accordance with
the Texas Open Meetings Act, 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.
(a) 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, subject 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 enacted pursuant to and in conformity with the general
laws of the State of Texas.
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.
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(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:
City ecretary, Natha Wilkison Ma
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ExhibtA
Tract 1
Situated in Collin County, Texas and being part of the Hiram Brinlee Survey, Abstract
No. 30, the David VanWinkle Survey, Abstract No. 937, the J. Serrel Survey, Abstract
No. 858, and being more particularly described as follows:
BEGINNING in the east line of the Serrel Survey and the west line of the VanWinkle
Survey, and being in the northwest right-of-way line of the Sam Rayburn Memorial
Highway;
THENCE north 51 degrees 37 minutes 57 seconds east a distance of 271.95 feet to a
point for comer;
THENCE north 01 degrees 04 minutes 59 seconds east a distance of 569.82 feet to a
point for comer;
THENCE north 50 degrees 50 minutes 29 seconds east of 816.32 feet to a point for
comer;
THENCE north 88 degrees 29 minutes 45 seconds east of292.55 feet to a point for
comer;
THENCE south 44 degrees 59 minutes 59 seconds east of 150.12 feet to a point for
comer;
THENCE south 76 degrees 23 minutes 59 seconds east of 136.30 feet to a point for
comer;
THENCE north 51 degrees 15 minutes 03 degrees 00 seconds east of253.04 feet to a
point for comer;
THENCE south 89 degrees 14 minutes 47 seconds east of 874.33 feet to a point for
comer;
THENCE south 50 degrees 48 minutes 42 seconds west of3,187.32 feet to a point for
comer;
THENCE north 00 degrees 38 minutes 22 seconds east of 469.21 feet to a point for
comer;
THENCE south 89 degrees 34 minutes 10 seconds west of 143.22 feet to a point for
comer;
THENCE south 50 degrees 48 minutes 42 seconds west of 1,821.96 feet to a point for
comer;
THENCE south 18 degrees 18 minutes 57 seconds east of 481.61 feet to a point for
corner;
THENCE south 50 degrees 48 minutes 42 seconds 71 west of 3,401.28 to a point for
corner;
THENCE north 00 degrees 43 minutes 03 seconds west of 554.26 feet to a point for
corner;
THENCE south 51 degrees 06 minutes 17 seconds west of 1 ,093.06 feet to a point for
corner;
THENCE south 53 degrees 22 minutes 55 seconds west of 1,001.53 feet to a point for
corner;
THENCE south 00 degrees 21 minutes 03 seconds west of 555.56 feet to a point for
corner;
THENCE south 53 degrees 39 minutes 51 seconds west of 1,016.70 feet to a point for
corner;
THENCE north 88 degrees 13 minutes 50 seconds west of 1,620.46 feet to a point for
corner;
THENCE north 53 degrees 39 minutes 51 seconds east of3,019.60 feet to a point for
corner in a curve to the left with a radius of 11,500 feet and a chord bearing ofnorth 52
degrees 14 minutes 17 seconds a distance of 572.44 feet;
THEN CE with said curve a distance of 572.50 feet;
THENCE north 50 degrees 48 minutes 42 seconds east of 1,827.32 feet to a point for
corner;
THENCE south 27 degrees 07 minutes 05 seconds east of 441.32 feet to a point for
corner;
THENCE north 47 degrees 50 minutes 19 seconds east of 162.13 feet to a point for
corner;
THENCE north 53 degrees 48 minutes 04 seconds east of 106.99 feet to a point for
corner;
THENCE north 22 degrees 18 minutes 01 seconds west of 448.06 feet to a point for
corner;
THENCE north 50 degrees 48 minutes 42 seconds east of 418.34 feet to a point for
comer;
THENCE south 11 degrees 29 minutes 28 seconds west of219.79 feet to a point for
comer;
THENCE south 03 degrees 50 minutes 54 seconds west of 394.84 feet to a point for
comer;
THENCE north 53 degrees 48 minutes 08 seconds east of348.61 feet to a point for
comer;
THENCE north 40 degrees 06 minutes 17 seconds east of 202.48 feet to a point for
comer;
THENCE north 51 degrees 46 minutes 59 seconds east of28.13 feet to a point for comer;
THENCE north 62 degrees 35 minutes 57 seconds east of 159.85 feet to a point for
comer;
THENCE north 50 degrees 11 minutes 40 seconds east of 1,281.05 feet to a point for
comer;
THENCE north 53 degrees 24 minutes 32 seconds east of 518.17 feet to a point for
comer;
THENCE north 50 degrees 03 minutes 48 seconds east of 1,751.40 feet to the PLACE
OF BEGINNING and containing 173.68 acres of land more or less save and except areas
that are already within the City Limits of Anna.
Tract 2
Situated in Collin County, Texas and being part of the David VanWinkle Survey,
Abstract No. 937, and being more particularly described as follows:
BEGINNING in the most easterly intersection ofthe right-of-way line ofF. M. Highway
455 and the south line of Wild Rose Farms Subdivision;
THENCE south 86 degrees 56 minutes 22 seconds east a distance of 388.23 feet to a
point for comer;
THENCE south 175.53 feet to a point for comer;
THENCE east 262.60 feet to a point for comer;
THENCE south 299.84 feet to a point for corner;
THENCE west 227.42 feet to a point for corner in a non tangent curve to the left with a
radius of 776.52 feet and a chord bearing of north 40 degrees 26 minutes 36 seconds west
a distance of 651.86 feet;
THENCE northwesterly with said curve a distance of 672.70 feet to the PLACE OF
BEGINNING and containing 3 acres ofland more or less save and except areas that are
already within the City Limits of Anna.
Tract 3
Situated in Collin County, Texas and being part of the David VanWinkle Survey,
Abstract No. 937, and being more particularly described as follows:
BEGINNING in the southwesterly intersection of the right-of-way line ofF. M. Highway
455 and the southeast right-of-way line the Sam Rayburn Memorial Highway;
THENCE north 46 degrees 41 minutes 05 seconds east a distance of 131.89 feet to a
point for corner;
THENCE north 50 degrees 52 minutes 42 seconds east a distance of 1,111.73 feet to a
point for corner;
THENCE north 89 degrees 54 minutes 59 seconds east a distance of 694.26 feet to a
point for corner;
THENCE south 50 degrees 48 minutes 42 seconds west a distance of 1,395.58 feet to a
point for corner;
THENCE north 89 degrees 20 minutes 53 seconds west a distance of 334.24 feet to a
point for corner;
THENCE north 77 degrees 22 minutes 23 seconds west a distance of 169.63 feet to a
point for corner;
THENCE north 56 degrees 03 minutes 23 seconds west a distance of 85.93 feet to the
PLACE OF BEGINNING and containing 13.7 acres ofland more or less save and except
areas that are already within the City Limits of Anna.
IGHT OF WAY OF SAM RAYBURN VARIES
Tract 2 LEGAL
IN AREA "N"
~~~?~~.§~~?:Z?" EpoV '" en~-~~-~_../
" " M
radius = 776.52 "" ~ 262.60' E
length = 672.70 ~ t-
chord bearing = 651.86' N 40d26'36" W "'\.... TRACT 2 en
~
~~~-.-~-~IIiiiIiiiiiI!-"1
\, 3.0 acres
\
227.42 W
ClO
en en
N
o 200 400 600
01 Tract 3 LEGAL o
-..J
IN AREA liN"
TRACT 3
13.7 acres .~ <b~'"f,
S#<i:>~
(.j
9'0',,1'
F.M 455
334.24'
N 89d20'S3"
o 200 400 600 :\J-~ :-
EXHIBIT B
ANNEXATION SERVICE PLAN
·POLICE PROTECTION
On the effective date of annexation, the City of Anna, Texas and Us 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 within the newly annexed area.
EMERGENCY MEDICAL SERVICES
On the effective date of annexation, the City of Anna, Texas, through Us 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, land use, and population
density within the newly annexed area.
SOLID WAST·ECOLLECTION
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 Jevel 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 servjce wiUbe
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 existing 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. AU 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-te-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 Collin 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 Ughting of roads and streets which may be positioned jn a
public right of way, roadway or 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 Jand within the newJyannexed 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.
Page 2 of4
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,
public playgrounds, public swimming pools, other public facilitjes 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 of the City of Anna, Texas will undertake to
provide any such facility which it deems necessary toadequateJy provide for the health
and safety of the citizens of the newly incorporated area based upon the standard
considerations of topography, land use and population density.
OTHER MUNICIPAL SERVICES
Followingannexatron by the City of Anna, Texas, the City wUI 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 fuU
municipal services to the newly annexed area. The City Council finds and determines
that it has at the present time adequate facilitjes 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 3.of4
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 shalf be at the discretion of the City Council.
AMENDMENTS
Thjs 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, Section 43.056.
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