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10-25-01-Ordinance-Annexing property located in the H Tierwester Survey-10/01/200101491 City of Sanger, Texas ORDINANCE NO. 10-25-01 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 LIMITS, 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. All that certain tract of land situated in the H. Tierwester Survey Abstract Number 1241, Denton County, Texas and being a part of the called 61.598 acre tract described in the deed from John W. Porter et ux to John Porter Auto Sales, Inc. and John Porter Farms, Inc. recorded in Volume 1092, Page 991 of the Deed Records of Denton County, Texas, the subject tract being more particularly described as follows: BEGINNING for the Southwest corner of the tract being described herein. At a '/a inch iron rod set on the West line of said 61.598 acre tract being North 00 Degrees 30 Minutes 07 Seconds West a distance of 726.30 feet from the Southwest corner thereof and being 7.3 feet West of a wire fence; THENCE North 00 Degrees 30 Minutes 07 Seconds East a distance of 300.00 feet to a'/2 inch iron rod set for the Northwest corner of the herein described tract; THENCE 89 Degrees 29 Minutes 53 Seconds East across the said 61.598 acre tract passing at 6.9 feet the said fence and continuing, in all, a total distance of 270.00 feet to a V2 inch iron rod set for the Northeast corner of the herein described tract; THENCE South 00 Degrees 30 Minutes 07 Seconds East a distance of 300.00 feet to a % inch iron rod set for the Southeast corner of the herein described tract; THENCE South 89 Degrees 29 Minutes 53 Seconds West across the 61.598 acre tract a distance of 270.00 feet to the PLACE OF BEGINNING and enclosing 1.86 acres of land; and All that certain lot, tract or parcel of land situated in the Henry Tierwester Survey, Abstract 1241, Denton County, Texas, being all of a certain (called) 40.00 acre tract described in a deed from J.C. Holland, et ux, to W.C. Moore on the 5' day of October,1926, recorded in Vol. 207, Page 237, Deed Records of said County, and the North 10 acres of a 72.74 acre tract conveyed by J.C. Holland, et ux, to Major L. Moore, by deed dated August 24,1926, recorded in Vol. 207, Page 240, Deed Records of Denton County, Texas, and being more fully described as follows: BEGINNING at the Northwest corner of said 40 acre tract at a point in a public road; THENCE North 89 deg. 50' 50" East in said road a distance of 1394.40 feet to the feet to the Northeast corner of said tract; THENCE South 0 deg. 30' 56" East near a North -South fence a distance of 1561.92 feet to a steel pin; THENCE South 89 deg. 50' 50" West a distance of 1394.40 feet, a corner in the West line of said 72.74 acre tract; THENCE North 0 deg. 30' 56" West with said fence at 312.40 feet the Southwest corner of said 40 acre tract a distance of 1561.92 feet to the Northwest corner of said tract in a public road, and containing 50 acres of land, more or less. 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. PASSED by an affirmative vote of the City Council, Governing Body of the City of Sanger, this 1st day of October, 2001. APPROVED: Tommy Kincaid, Mayor ATT T: Rosalie Chavez, City cretary �0 H13BUZI13- AIndaa 9L60108-i00� : aWnN/ oa 0019 : 4w6W/30a 0016 : 6u t pA0aaa £2029 :# jdiaaaa md47r:2i lH t002 8I 430 up M8313 A1N1D3 `-I1IH311W tlIH1NA3 X1 A1N103 NO1N35 p.>t03ad A0j palt3 SVX31',.LNn00 N01N30 `� rb Nld310,UNf100 °oyol � joys va'"RVM>'O uslWO )- AI,edwd Ned), gml*,a 01pod I69oA0 'ow U3'a3aM003M /Inp Owpue :ow Aq uaeiaq podwele Pwp oyl puo elep agl u0 e00onboo cogwnN odd e4l 4 03114 eeM Iuauuleul 8141 IN 4000 /geja4 I NOINBO40AW100 'MYI1VM303d M3aNf131SV30 0$ BNA ODi do31VV 1is 1YAN) SI Boyd d0 d0100 d0 35f1yo38 A183dOMd 1VBU OB8IdOS30 3Hl d0 'gsn d0 '1VJN3M'B1VS 3Hl S1.OIM1SBH H:NHM NIBdSH NOISIAObld }.NV d 99Z 962L XO aa�Nb'S 3O A,LID ��t,� 161,1 o 9 � EXHIBIT "A" City of Sanger, Texas ANNEXATION SERVICE PLAN AREA TO BE ANNEXED All that certain tract of land situated in the H. Tierwester Survey Abstract Number 1241, Denton County, Texas and being a part of the called 61.598 acre tract described in the deed from John W. Porter et ux to John Porter Auto Sales, Inc. and John Porter Farms, Inc. recorded in Volume 1092, Page 991 of the Deed Records of Denton County, Texas, the subject tract being more particularly described as follows: BEGINNING for the Southwest corner of the tract being described herein. At a % inch iron rod set on the West line of said 61.598 acre tract being North 00 Degrees 30 Minutes 07 Seconds West a distance of 726.30 feet from the Southwest corner thereof and being 7.3 feet West of a wire fence; THENCE North 00 Degrees 30 Minutes 07 Seconds East a distance of 300.00 feet to a % inch iron rod set for the Northwest corner of the herein described tract; THENCE 89 Degrees 29 Minutes 53 Seconds East across the said 61.598 acre tract passing at 6.9 feet the said fence and continuing, in all, a total distance of 270.00 feet to a'/2 inch iron rod set for the Northeast corner of the herein described tract; THE, South 00 Degrees 30 Minutes 07 Seconds East a distance of 300.00 feet to a'/Z inch iron rod set for the Southeast corner of the herein described tract; THENCE South 89 Degrees 29 Minutes 53 Seconds West across the 61.598 acre tract a distance of 270.00 feet to the PLACE OF BEGINNING and enclosing 1.86 acres of land; and All that certain lot, tract or parcel of land situated in the Henry Tierwester Survey, Abstract 1241, Denton County, Texas, being all of a certain (called) 40.00 acre tract described in a deed from J.C. Holland, et ux, to W.C. Moore on the 5"' day of October,1926, recorded in Vol. 207, Page 237, Deed Records of said County, and the North 10 acres of a 72.74 acre tract conveyed by J.C. Holland, et ux, to Major L. Moore, by deed dated August 24,1926, recorded in Vol. 207, Page 240, Deed Records of Denton County, Texas, and being more fully described as follows: BEGINNING at the Northwest corner of said 40 acre tract at a point in a public road; THENCE North 89 deg. 50' 50" East in said road a distance of 1394.40 feet to the feet to the Northeast corner of said tract; THENCE South 0 deg. 30' 56" East near a North -South fence a distance of 1561.92 feet to a steel pin; THENCE South 89 deg. 50' 50" West a distance of 1394.40 feet, a corner in the West line of said 72.74 acre tract; THENCE North 0 deg. 30' 56" West with said fence at 312.40 feet the Southwest corner of said 40 acre tract a distance of 1561.92 feet to the Northwest corner of said tract in a public road, and containing 50 acres of land, more or less. 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. 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. 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 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.