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06-08-05-Ordinance-Annexing property located in the JMA Ruiz Survey-06/06/2005City of Sanger, Texas ORDINANCE NO. 06-08-05 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 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. A. (TRACT 1) ABSTRACT 1066A J.M.A. RUIZ SURVEY, TRACT 12, BEING 195.003 ACRES, AND B. (TRACT 2) ABSTRACT 1241- HENRY TIERWESTER SURVEY, TRACT 1, BEING 29.808 ACRES, AND C. (TRACT 3) ABSTRACT 29, REUBEN BEBEE SURVEY, TRACT 56, BEING 200.828 ACRES. 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 6th day of June, 2005. APPROVED: Tommy I ' caid, Mayor ATT Rosalie Chavez, City SecretarC PROVED AS TO FORM: 0 City Attorney JUN-30-2005 12:01 ALLIANCE AREA SURVEYING 940 4826723 P.03 LEGAL DESCRIPTION 29.808 ACRES All that certain tract of parcel of land situated in the Henry Tierwester Survey, Abstract Number 1241, Denton County, Texas, and being a part of a called 103.99 acre tract of land described in a deed to Sanger Ranch Ltd. as recorded in Volume 4662, Page 2339, Real Property Records of Denton County, Texas, and being more particularly described as follows: Beginning at the Southeast corner of the herein described tract at the Southeast corner of said 103.99 acre tract in the West right-of-way line of Interstate Highway #35 at the Northeast of a called 103.99 acre tract of land described in a deed to Sanger Ranch Ltd. as recorded in Volume 4330, Page 1874, Real Property Records of Denton County, Texas Thence North 89 Degrees 59 Minutes 55 Seconds West a distance of 2341.40 feet to a %" iron rod found for corner at the Northwest corner of said 103.99 acre tract recorded in Volume 4330, Page 1874, at the Southwest corner of said 103.99 acre tract recorded in Volume 4662, Page 2339; Thence North 00 Degrees 36 Minutes 34 Seconds East with the West line thereof a distance of 562.37 feet to a point for corner; Thence South 89 Degrees 59 Minutes 55 Seconds East a distance of 2179.26 feet to a point for corner in the said West right-of-way line and in a curve to the left having a radius of 336.48 feet and a chord bearing and distance of South 40 Degrees 33 Minutes 23 Seconds East, 45.60 feet; Thence along said curve to the left and with said West right-of-way line an arc length of 45.63 feet to a point for corner; Thence South 44 Degrees 26 Minutes 30 Seconds East with said West right-of-way line a distance of 61.08 feet to a point for corner and at the beginning of a curve to the right having a radius of 236.47 feet and a chord bearing and distance of South 21 Degrees 56 Minutes 30 Seconds East, 180.99 feet; Thence along said curve to the left and with said West right-of-way line an arc length of 185.72 feet to a point for corner; Thence South 06 Degrees 58 Minutes 19 Seconds East with said West right-of-way line a distance of 152.62 feet to a point for corner; Thence South 00 Degrees 50 Minutes 27 Seconds West with said West right-of-way line a distance of 164.74 feet the POINT OF BEGINNING and containing 29.808 acres of land. Bearings are based on GPS observations and are coordinated by using NAD83, North Central Zone These field notes have been prepared from an on the ground survey. J.E. THOMPSON II R.P.L.S. No 4857 s r, 4857 TOTAL P.03 EXHIBIT "A" City of Sanger, Texas ANNEXATION SERVICE PLAN AREA TO BE ANNEXED A. (TRACT 1) ABSTRACT 1066A J.M.A. RUIZ SURVEY, TRACT 12, BEING 195.003 ACRES, AND B. (TRACT 2) ABSTRACT 1241- HENRY TIERWESTER SURVEY, TRACT 1, BEING 29.808 ACRES, AND C. (TRACT 3) BSTRACT 29, REUBEN BEBEE SURVEY, TRACT 56, BEING 200.828 ACRES. 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 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.