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HomeMy WebLinkAboutOrd 676-2015 Annexation 24 acres located in J C Bradley Survey.pdfCITY OF ANNA, TEXAS ORDINANCE NO. 676-2015 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 J C BRANTLEY SURVEY, ABSTRACT NUMBER A0114, 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, certain property owners have petitioned the City of Anna to have their property annexed to the City of Anna; and 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 J C Brantley Survey, Abstract Number A0114, 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, 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 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 ORD. 676-2015 Annexation 24 acres located in J C Brantley Survey, AB A0114 PAGE 1 OF 3 01-13-15 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, 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. (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. 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 5. 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 ORD. 676-2015 Annexation 24 acres located in J C Brantley Survey, AB A0114 PAGE 2 OF 3 01-13-15 are inconsistent with this ordinance are hereby repealed to the extent that they are inconsistent with this ordinance. Section 6. 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 7. 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 8. 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 13th day of January, 2015, by the following vote of the members of the City Council as present: ATTEST: Cit Secre ary, Natha Wilkison Mayor, Mike Crist "t! r;t r //��ttull lia�titi�\\ ORD. 676-2015 Annexation 24 acres located in J C Brantley Survey, AB A0114 PAGE 3 OF 3 01-13-15 ExEUBtT "A" LEGAL DESCRIPTION BEING a parcel of land located in Collin County, Texas, a part of the Josiah C. Brantley Survey, Abstract No. 114, and being part of a called 25.024 acre tract of land described in a general warranty deed to O. P. Leonard, Jr. Investment Company, Ltd and Nancy Alice Leonard Investment Company, Ltd., as recorded in Volume 4942, Page 511, Collin County Deed Records, and being further described as follows: BEGINNING at a one-half inch iron rod found at the southwest corner of said 25.024 acre tract of land, said point being the southeast comer of a called 57.48 acre tract of land described in a special warranty deed to Anna 190, LLC, as recorded in Document No. 20140422000386740, Collin County Deed Records, said point being the northeast corner of a called 48.004 acre tract of land described in a general warranty deed with vendor's lien to Anna Economic Development Corporation, as recorded in Volume 5813, Page 2769, Collin County Deed Records, and being located southwest of the existing pavement of County Road No. 427; THENCE North 01 degrees 46 minutes 15 seconds East, 814.16 feet along the west line of said 25.024 acre tract of land, along the east line of said 57.48 acre tract of land and along County Road No. 427 to a one-half inch iron rod set at the southwest corner of a called 1.605 acre tract of land described in a right-of-way deed to the County of Collin, as recorded in Document No. 20060816001171050, Collin County Deed Records; THENCE South 88 degrees 16 minutes 02 seconds East, 1132.42 feet along the south line of said 1.605 acre tract of land to a one-half inch iron rod set at the southeast corner of said 1.605 acre tract of land, said point being in the east line of said 25.024 acre tract of land, and said point being in the west line of a called 8.623 acre tract of land described in a warranty deed to Kathyene Rae Boring, as recorded in Volume 4716, Page 2511, Collin County Deed Records; THENCE South 0l degrees 47 minutes 40 seconds West, 792.52 feet along the east line of said 25.024 acre tract of land to a one-half inch iron rod found at the southeast corner of said 25.024 acre tract of land, said point being at an interior ell corner of a called 25.00 acre tract of land described in a deed to Kenneth W. O'Neal, as recorded in Volume 2874, Page 62, Collin County Deed Records; THENCE North 89 degrees 40 minutes 56 seconds West, 427.61 feet along the south line of said 25.024 acre tract of land and along the north line of said 25.00 acre tract of land to a one-half inch iron rod found in concrete for corner; 4 THENCE South 36 degrees 01 minutes 14 seconds West, 369.80 feet along the south line of said 25.024 acre tract of land to a one-half inch iron rod found for corner, said point being the southeast corner of said 48.004 acre tract of land and said point being within the existing pavement of County Road No. 427; THENCE North 57 degrees 35 minutes 14 seconds West, 577.08 feet along the south line of said 25.024 acre tract of land and along the northeast line of said 48.004 acre tract of land to the POINT OF BEGINNING and containing 1,017,430 square feet or 23.357 acres of land. 5 EXHIBIT B ANNEXATION SERVICE PLAN POLICE PROTECTION On the effective date of annexation, the City of Anna, Texas and its 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, land use, and population density within 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, land 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 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 Page 1 of 4 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 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 lighting of roads and streets which may be positioned in 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 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. Page 2 of 4 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 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 of the City of Anna, Texas will undertake to provide any such facility which it deems necessary to adequately 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 Following annexation by the City of Anna, Texas, the City will 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 3 of 4 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 at a 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. Page 4 of 4