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08-21-02-Ordinance-Annexing property located in the Henry Tierwester Survey-08/05/2002516204968 110263 City of Sanger, Texas ORDINANCE NO. 08-21-02 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. SITUATED IN DENTON COUNTY, TEXAS, BEING A PART OF THE HENRY TIERWESTER SURVEY, ABSTRACT NO. 1241, A PART OF A 71 ACRE TRACT OF LAND CONVEYED TO ED GILES ET UX TO A.B. HOLT BY DEED RECORDED IN VOLUME 1549 PAGE 108 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at an iron rod in a public road S. 88*53' E. 1028.9 feet from the Southwest corner of the R. Prather survey, Abstract No.1024 and the West line of the Henry Tierwester 5162 01494 Survey, Abstract no.1241, said iron also lying in the South line of said 71 acre tract: THENCE: N 88°53' W. 379.3 feet along the south line of said 71 acre tract to an iron rod for corner in public road; THENCE: N.1 ° 07' E. 74.93 feet to an iron rod for corner at the beginning of a circular curve to the right having its center bearing S. 88°53' E. with a radius of 260 feet; THENCE: Along said curve to the right through a central angle of 580 15' 10" for an are distance of 264.34 feet to an iron rod for corner; THENCE: N. 30°37150" W. 60 feet to an iron rod for corner at the beginning of a circular curve to the left having its center bearing N. 880 53' W. with a radius of 200 feet; THENCE: Along said curve to the left through a central angle of 580 15' 10" for an are distance of 203.34 to an iron rod for corner; THENCE: S. 1 ° 07' W. 44.93 feet to an iron rod for corner; THENCE: S. 88053' W. 319.73 feet to an iron rod for corner; THENCE: S.1 ° 3813011 W. 30 feet to the place of beginning and containing 0.646 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 5th day of August, 2002. APPROVED: omm Kincaid, Mayor ANY V{i9VIS1017 H�9EIN Y!r F.O..HTYSIC` Al H! C.01 T oR s,`i5 ' �� •, '. N k 1p dAD UI S.GIE 1,17E } �,;.UQUfPtY OF UFPiTC)hl j 'i h'sr.�•.y i:aMt}� it+�it ih'.+hwlmms:;i'vuae t511,1iU In Iha, Fli) (1umCar aeGunncS an the data L; n1a COUP! i 1' CLERK DTONC3 DEN EMNRCOo X in: CYNTHIA MITCHLLL4 COUNTY CLERK On Sep 03 2002 At 3:19pm Receipt 4: 50182 Recording: 7.00 Doc/Mgt : 6.00 Doc/Nu.2002-R0110263 Doc/Type • MDO Deputy -JOY EXHIBIT "A" City of Sanger, Texas ANNEXATION SERVICE PLAN AREA TO BE ANNEXED SITUATED IN DENTON COUNTY, TEXAS, BEING A PART OF THE HENRY TIERWESTER SURVEY, ABSTRACT NO. 1241, A PART OF A 71 ACRE TRACT OF LAND CONVEYED TO ED GILES ET UX TO A.B. HOLT BY DEED RECORDED IN VOLUME 154, PAGE 108 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at an iron rod in a public road S. 88 ° 53' E. 1028.9 feet from the Southwest corner of the R. Prather survey, Abstract No.1024 and the West line of the Henry Tierwester Survey, Abstract no. 1241, said iron also lying in the South line of said 71 acre tract: THENCE: N 88°53' W. 379.3 feet along the south line of said 71 acre tract to an iron rod for corner in public road; THENCE: N.1 ° 07' E. 74.93 feet to an iron rod for corner at the beginning of a circular curve to the right having its center bearing S. 88°53' E. with a radius of 260 feet; THENCE: Along said curve to the right through a central angle of 58° 15' 10" for an are distance of 264.34 feet to an iron rod for corner; THENCE: N. 30°37'50" W. 60 feet to an iron rod for corner at the beginning of a circular curve to the left having its center bearing N. 88° 53' W. with a radius of 200 feet; THENCE: Along said curve to the left through a central angle of 580 15' 10" for an are distance of 203.34 to an iron rod for corner; THENCE: S.1 ° 07' W. 44.93 feet to an iron rod for corner; THENCE: S. 88°53' W. 319.73 feet to an iron rod for corner; THENCE: S.1 ° 38' 30" W. 30 feet to the place of beginning and containing 0.646 acres of land more or less. 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 FACHdTIES THAT ARE NOT WITHIN THE SERVICE AREA OF ANOTHER WATER OR WASTEWATER UTH TTY 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 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. 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.