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09-15-00-Ordinance-Annexing property located in Indian Springs Estates and in the Reuben Bebee Survey-09/18/2000City of Sanger, Texas p SECRETARY ORDINANCE NO.09-15-00 AN ORDINANCE ANNEXING THE HEREINAFTER DESCRIBED 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 LEMTS, AND GRANTING TO SAID TERRITORY AND TO ALL FUTURE INHABITANTS 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. INDIAN SPRINGS EST., BLOCK A, LOT 5, AND TRACT 113, REUBEN BEBEE SURVEY, ABSTRACT 29 DESCRIBED AS FOLLOWS: BEING all that certain tract or parcel of land situated in the Reuben Bebee Survey, Abstract 29, Denton County, Texas, and being a part of that certain 47.872 acre tract of land conveyed to Eagle Farms, Inc. by deed recorded in Volume 972, Page 2, of the Deed Records of Denton County, Texas and being more particularly described as follows: BEGINNING at the northwest corner of said 47.872 acre tract, same point being in the east Right -of -Way of Interstate Highway 35; THENCE North 88' 40' East, along the north line of said 47.872 acre tract, a distance of 1,3367.48 feet to the northwest corner of that certain 5.002 acre tract recorded in Volume 4116, Page 1022, Deed Records, Denton County, Texas; THENCE South 01 ° 07' 18" East, along the west line of said 5.002 acre tract, a distance of 450.56 feet (deed call North 01'07'16" East, 450.39 feet) to a point in the north Right -of -Way of Utility Road; THENCE South 88' 41' West, along said north Right -of -Way, a distance of 335.60 feet to the beginning of a curve to the right having a central angle of 45' 5812111, a radius of 270.0 feet and a tangent of 114.53 feet; THENCE along said curve to the right, and said north Right -of -Way, an arc distance of 216.64 feet to a point of reverse curve having a central angle of 45' 58' 21", a radius of 330.0 feet and a tangent of 139.38 feet; THENCE along said reverse curve, and said north Right -of -Way, an are distance of 264.78 feet; THENCE South 88° 41' west, along said north Right -of -Way, a distance of 599.89 feet to a point in the west line of said 47.872 acre tract, same being the east Right -of -Way line of Interstate Highway 35; THENCE North 01 ° 06' 46" West, along said west line and said east Right -of -Way line, a distance of 267.16 feet to the PLACE OF BEGINNING and containing 10.676 acres of land, more or less. TRACT 114, REUBEN BEBEE SURVEY, ABSTRACT 29 DESCRIBED AS FOLLOWS: BEGINNING for the Northeast corner of the tract being described herein, at a'/2 inch iron road set near the remains of a fence corner for the Northeast corner of the 47.872 acre tract described in the deed from John W. Porter to Eagle Farms, Inc. recorded in Volume 972, Page 1 of the Deed Records of Denton County, Texas on the West Right -of -Way of GC & S.F. Railroad measured 50 feet from the centerline of the tracks from which a '/z inch iron road found bears South 15 degrees 07 Minutes 07 Seconds East a distance of 2.3 feet, THENCE South 03 Degrees 27 Minutes 33 Seconds East with the West Right -of -Way of the said railroad and the East line of the 5.000 acre tract a distance of 453.53 feet to a'/2 inch iron rod set for Southeast Corner thereof on the North side of Utility Road North 04 degrees 14 Minutes 24 Seconds west a distance of 60.00 feet from'/Z inch iron rod found at the Northeast corner of the called 5.000 acre tract five described in the deed from Gifford -Hill Concrete Co. to Redi-Mix, Inc. recorded under Clerk's File Number 93-0048556, THENCE North 00 degrees 42 Minutes 44 Seconds West with the North side of Utility Road and the south line of the 5.000 acre tract a distance of 501.65 feet to a % inch iron rod found at the Southwest corner thereof, THENCE North 01 degrees 17 Minutes 16 seconds East with the West line of the 5.000 acre tract a distance of 450.39 feet to a V2 inch iron rod set for the Northwest corner thereof near a fence on the North line of the said 47.872 acre tract, THENCE South 89 Degrees 56 Minutes 27 Seconds East generally along a wire fence with the North line of the 47.872 acre tract a distance of 464.11 feet to the PLACE OF BEGINNING and enclosing 5.002 acres of land. 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 18th day of September, 2000. Tommy {incaid, Mayor AT ST: vJ Rosalie Chavez, City Secr ry EXHIBIT "A" City of Sanger, Texas ANNEXATION SERVICE PLAN AREA TO BE ANNEXED TRACT 113, REUBEN BEBEE SURVEY, ABSTRACT 29 BEING all that certain tract or parcel of land situated in the Reuben Bebee Survey, Abstract 29, Denton County, Texas, and being a part of that certain 47.872 acre tract of land conveyed to Eagle Farms, Inc. by deed recorded in Volume 972, Page 2, of the Deed Records of Denton County, Texas and being more particularly described as follows: BEGINNING at the northwest corner of said 47.872 acre tract, same point being in the east Right -of -Way of Interstate Highway 35; THENCE North 88' 40' East, along the north line of said 47.872 acre tract, a distance of 1,3367.48 feet to the northwest corner of that certain 5.002 acre tract recorded in Volume 4116, Page 1022, Deed Records, Denton County, Texas; THENCE South 01 ° 07' 18" East, along the west line of said 5.002 acre tract, a distance of 450.56 feet (deed call North 01'07'16" East, 450.39 feet) to a point in the north Right -of -Way of Utility Road; THENCE South 880 41' West, along said north Right -of -Way, a distance of 335.60 feet to the beginning of a curve to the right having a central angle of 45' 58' 21", a radius of 270.0 feet and a tangent of 114.53 feet; THENCE along said curve to the right, and said north Right -of -Way, an are distance of 216.64 feet to a point of reverse curve having a central angle of 450 58' 21", a radius of 330.0 feet and a tangent of 139.38 feet; THENCE along said reverse curve, and said north Right -of -Way, an arc distance of 264.78 feet; THENCE South 88' 41' west, along said north Right -of -Way, a distance of 599.89 feet to a point in the west line of said 47.872 acre tract, same being the east Right -of -Way line of Interstate Highway 35; THENCE North 01 ° 06' 46" West, along said west line and said east Right -of -Way line, a distance of 267.16 feet to the PLACE OF BEGINNING and containing 10.676 acres of land, more or less. TRACT 114, REUBEN BEBEE SURVEY, ABSTRACT 29 BEGINNING for the Northeast corner of the tract being described herein, at a'/z inch iron road set near the remains of a fence corner for the Northeast corner of the 47.872 acre tract described in the deed from John W. Porter to Eagle Farms, Inc. recorded in Volume 972, Page 1 of the Deed Records of Denton County, Texas on the West Right -of -Way of GC & S.F. Railroad measured 50 feet from the centerline of the tracks from which a V2 inch iron road found bears South 15 degrees 07 Minutes 07 Seconds East a distance of 2.3 feet, THENCE South 03 Degrees 27 Minutes 33 Seconds East with the West Right -of -Way of the said railroad and the East line of the 5.000 acre tract a distance of 453.53 feet to a % inch iron rod set for Southeast Corner thereof on the North side of Utility Road North 04 degrees 14 Minutes 24 Seconds west a distance of 60.00 feet from % inch iron rod found at the Northeast corner of the called 5.000 acre tract five described in the deed from Gifford -Hill Concrete Co. to Redi-Mix, Inc. recorded under Clerk's File Number 93-0048556, THENCE North 00 degrees 42 Minutes 44 Seconds West with the North side of Utility Road and the south line of the 5.000 acre tract a distance of 501.65 feet to a % inch iron rod found at the Southwest corner thereof, THENCE North 01 degrees 17 Minutes 16 seconds East with the West line of the 5.000 acre tract a distance of 450.39 feet to a % inch iron rod set for the Northwest corner thereof near a fence on the North line of the said 47.872 acre tract, THENCE South 89 Degrees 56 Minutes 27 Seconds East generally along a wire fence with the North line of the 47.872 acre tract a distance of 464.11 feet to the PLACE OF BEGINNING and enclosing 5.002 acres of land. 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 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. 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 EVIPROVEMENTS 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 REQUIRED 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.