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08-12-00-Ordinance-Annexing property located in the MR Burleson and RA Johnson Surveys-08/07/2000e 6 6 7 0 17 G City of Sanger, Texas ORDINANCE NO.08-12-00 08,117901 70 AN ORDINANCE ANNEXING THE HEREINAFTERDESCRIBED TERRITORY TO THE CITY OF SANGER, TEXAS AND EXTENDING THE BOUNDARIES OF SAID CITY SO AS TO INCLUDE SAID HEREINAFTER DESCRIBED PROPERTY WITHIN THE CITY MUTS, AND GRANTING TO SAID TERRITORY AND TO ALL FUTURE EYHABTTANTS OF SAID PROPERTY ALL OF THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING SAID FUTURE INHABITANTS BY ALL OF THE ACTS AND ORDINANCES OF SAID CITY. WHEREAS, the city is authorized to annex territory in accordance with V.T.C.A., Local Government Code, Section 43.021 and its home -rule charter and by statute; WHEREAS, said territory proposed to be annexed is within the city's extraterritorial jurisdiction and is contiguous to the city; WHEREAS, the city has prepared a service plan for said territory which is attached as Exhibit "A" to this ordinance; WHEREAS, the City has published notice of hearings on said annexation and held hearings as required by state law; and WHEREAS, after hearing arguments for and against the same, the governing body has voted to annex said territory into the City under the authority of Section 43.033 of the Local Government Code. NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF SANGER, TEXAS: SECTION 1: That territory hereinafter described is hereby annexed into the city, and that the boundary limits of the City are hereby extended to include said territory within the city limits, and the same shall hereafter be included within the territorial limits of said city, and said land and the future inhabitants thereof shall hereafter be entitled to all rights and privileges of other citizens of the City and shall be bound by the acts and ordinances of said City. ALL THAT CERTAIN tract or parcel of land situated in the M. R. Burleson Survey, Abstract 71 and the R. A. Johnson Survey, Abstract No. 666, Denton County, Texas, being the result of a single tract in said survey conveyed by A. Cowling to A. G. Schertz on August 4, 1961, recorded in Volume 471, Page 667, Deed Records of said County, and being more particularly described as follows: BEGINNING on the South line of the Schertz tract in the middle of Clear Creek on the East right-of-way line of U.S. Highway 77; 667 0 1 THENCE North 3° 62' West with said highway right-of-way 1794.2 feet to a fence corner on the North line of said Johnson Survey; THENCE South 88' 17' East with a fence 382.8 feet to a fence corner; THENCE North 3° 41' East with a fence 1462.4 feet to a steel pin on the North line of said Schertz tract; THENCE South 86' 19' East with the North line of said tract 645.8 feet to the Northeast corner thereof in the middle of old U.S. Highway 77; THENCE South 1 ° 51' 36" West with the middle of said old highway and crossing the South line of said Burleson Survey and the North line of the said Johnson Survey, and leaving said old highway and continuing on the same course a total distance of 4024.0 feet to a corner in the middle f Clear Creek; THENCE up the middle of said Clear Creek, the following seven courses and distances: (1) south 82 ° 17' West 74.7 feet (2) North 70 ° 27' West 110.4 feet; (3) North 48 ° 52' West 325.3 feet; (4) North 34' 49' West 395.8 feet (5) North 23° 19' West 260.3 feet; (6) North 69' 03' West 61.5 feet; and (7) South 88' 01' West 54.3 feet to the place of beginning, containing in all 72.146 acres of land, as surveyed and staked on the ground December 18,1963, and February 1,1965, by C. F. Ballard, Registered Civil Engineer and Public Land Surveyor. Section 2: That the municipal service plan for the herein annexed territory provided in Exhibit "A" attached hereto is hereby adopted. Section 3: The City Secretary is hereby directed to file with the County Clerk and other appropriate officials and agencies, as required by estate and federal law and city annexation procedures, certified copies of this ordinance. PASSSED by an affirmative vote of the City Council, Governing Body of the City of Sanger, this 7th day of August, 2000. APPROVED: Kincaid, Mayor f4 so Rosalie Chavez, City Sec taryN, ! LQ, 6 611 7 0 1769 EXHIBIT "A" City of Sanger, Texas ANNEXATION SERVICE PLAN 146 01 7 AREA TO BE ANNEXED ALL THAT CERTAIN tract or parcel of land situated in the M. R. Burleson Survey, Abstract 71 and the R. A. Johnson Survey, Abstract No. 666, Denton County, Texas, being the result of a single tract in said survey conveyed by A. Cowling to A. G. Schertz on August 4, 1961, recorded in Volume 471, Page 667, Deed Records of said County, and being more particularly described as follows: BEGINNING on the South line of the Schertz tract in the middle of Clear Creek on the East right-of-way line of U.S. Highway 77; THENCE North 3 ° 62' West with said highway right-of-way 1794.2 feet to a fence corner on the North line of said Johnson Survey; THENCE South 88* 17' East with a fence 382.8 feet to a fence corner; THENCE North 3° 41' East with a fence 1462.4 feet to a steel pin on the North line of said Schertz tract; THENCE South 86' 19' East with the North line of said tract 645.8 feet to the Northeast corner thereof in the middle of old U.S. Highway 77; THENCE South 1 ° 51' 36" West with the middle of said old highway and crossing the South line of said Burleson Survey and the North line of the said Johnson Survey, and leaving said old highway and continuing on the same course a total distance of 4024.0 feet to a corner in the middle f Clear Creek; THENCE up the middle of said Clear Creek, the following seven courses and distances: (1) south 82' 17' West 74.7 feet (2) North 70' 27' West 110.4 feet; (3) North 48°52' West 325.3 feet; (4) North 34' 49' West 395.8 feet (5) North 23' 19' West 260.3 feet; (6) North 69' 03' West 61.5 feet; and (7) South 88' 01' West 54.3 feet to the place of beginning, containing in all 72.146 acres of land, as surveyed and staked on the ground December 18,1963, and February 1,1965, by C. F. Ballard, Registered Civil Engineer and Public Land Surveyor. INTRODUCTION This service plan has been prepared in accordance with V.T.C.A., Local Government Code, Section 43.033 and 43.056. Municipal facilities and services to the annexed area described above will be provided or made available on behalf of the city at the following levels and in accordance with following schedules: POLICE PROTECTION Patrolling, responses to calls, and other police services will be provided within ten (10) days after the effective date of the annexation at the same level as provided throughout the city. FIRE PROTECTION AND FIRE PREVENTION l 6 6 7 0 177 Fire protection and fire prevention services will be provided within ten (10) days after the effective date of the annexation at the same level as provided throughout the city. EMERGENCY MEDICAL SERVICES Emergency medical services will be provided within ten (10) days after the effective date of an annexation on the same basis and at the same level as provided throughout the city. SOLID WASTE COLLECTION AND DISPOSAL Solid waste collection and disposal services will be provided within (60) days after the effective date of the annexation on the same basis and at the same level as provided throughout the city. MAINTENANCE OF WATER AND WASTEWATER FACILITIES THAT ARE NOT WITHIN THE SERVICE AREA OF ANOTHER WATER OR WASTEWATER UTILITY Maintenance of water and wastewater facilities that are not within the service area of another water or wastewater utility will be continued to be maintained immediately after the effective date of the annexation on the same basis and the same level as provided throughout the city. MAINTENANCE OF ROADS AND STREETS AND DRAINAGE Maintenance of roads and streets and drainage will be provided within (60) days after the effective date of the annexation on the same basis and at the same level as provided throughout the City. STREET LIGHTING Street lighting will be made available within sixty (60) days after the effective date of the annexation on the same basis and at the same level as provided throughout the City. Page 3 MAINTENANCE OF CITY PARK AND RECREATION FACILITIES If any city park and recreation facilities are located within the annexed area, they will be maintained within sixty (60) days after the effective date of the annexation on the same basis and at the same level as similar facilities are maintained throughout the city. OTHER SERVICES Other services that may be provided by the city such as planning, code enforcement, animal control, library, park and recreation, court, and general administration will be made available within (60) days after the effective date of the annexation on the same basis and at the same level as provided throughout the city. CAPITAL IMPROVEMENTS Construction of water, sewer, street, and drainage facilities will begin within two (2) years after submissions of written request by landowners and payment of any development fees and construction costs required by the city in accordance with subdivision regulations and water and sewer extension policies. Construction will be completed within four and one half (4-1/2) years after request unless the construction process is interrupted by circumstances beyond the control of the city. No impact fees will be charged to any developer or landowner within the annexed area except in conformity with V.T.C.A., Local Government Code, ch. 395. Construction of other capital improvements shall be considered by the city in the future as the needs dictate on the same basis as such capital improvements are considered throughout the city. UNIFORM LEVEL OF SERVICES MAY NOT BE REOUIRED Nothing in this plan shall require the city to provide a uniform level of full municipal services to each area of the city, included the annexed area, if different characteristics of topography, land use, and population density are considered a sufficient basis for providing different level of service. TERM This service plan shall be valid for a term of ten (10) years unless the majority of landowners or registered voters of the area vote by petition submitted to the city for disannexation, then this service plan shall no longer be binding upon the city. AMENDMENTS The plan shall not be amended unless public hearings are held in accordance with V.T.A.C., local Government Code, Section 43.052.