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
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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.