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0457THE CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 457 AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY INTO THE CITY OF SOUTHLAKE, TEXAS, BEING A TRACT OF LAND KNOWN AS TRACT NO. 24, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" HERETO; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; PROVIDING THAT SUCH AREA SHALL BECOME A PART OF THE CITY AND THAT THE OWNERS AND INHABITANTS THEREOF SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND TO BE HEREAFTER ADOPTED; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas ("the City") is authorized to annex contiguous and adjacent property into the City pursuant to Section 1.03 of the Southlake City Charter and Section 43.021 of the Texas Local Government Code; and WHEREAS, attached to this ordinance is Exhibit "A", which shall be considered a part of this ordinance as though set forth in its entirety herein, and which is incorporated herein for all purposes, such Exhibit containing the following: (1) a service plan outlining the services which will be provided to the annexed area; (2) the legal description of the territory to be annexed and (3) two maps of the annexed area; and WHEREAS, the legal description, the maps of the tract to be annexed and the service plan shall be considered collectively in describing and identifying the tract in question; and WHEREAS, the territory described in Exhibit "A" is not part of another city, is contiguous and adjacent to the present corporate limits of the city and is either surrounded by the City or is within the city's extraterritorial jurisdiction; and WHEREAS, the City Council conducted public hearings on the annexation of the herein described territory on October 11, 1988 and October 18, 1988 after publication of notice of the public hearings in the Fort Worth Star-Telegram, the official city newspaper and a newspaper having general circulation in the city and in the territory to be annexed, and all interested parties were permitted to be heard on the annexation; and WHEREAS, the'annexation of the property described in the attached Exhibit "A" is being done to promote and protect the general health, safety and welfare of the persons residing in the area to be annexed as well as the persons within the corporate limits of the City of Southlake by providing the services outlined in the attached service plans as well as the protection afforded by the various ordinances, rules and regulations of the City; and WHEREAS, prior to the publication of notice of the public hearings, the City Council directed the City staff to prepare service plans that provided for the extension of municipal services into each area to be annexed, which plans have been on file with the City Secretary prior to the public hearings; and WHEREAS, the service plan attached hereto does not provide fewer services, nor does it provide a lower level of services in the area to be annexed than were in existence in that area at the time immediately preceding the annexation or which are otherwise available in other areas of the City with land uses and population densities similar to those reasonably contemplated or projected in the newly annexed area;and WHEREAS, this Ordinance was read in two consecutive regular City Council meetings after giving ten (10) days published notice of the second City Council meeting, which meeting provided for a public hearing and all interested persons were allowed to be heard at said meeting; and WHEREAS, all provisions of the Southlake City Charter and Chapter 43 of the Texas Local Government Code have been complied with. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE: Section 1 That all of the above premises are found to be true and correct and are incorporated into the body of this Ordinance as if copied in their entirety. Section 2 That the property described in Exhibit "A", attached hereto and incorporated herein for all purposes, is hereby annexed and brought within and into the corporate limits of - 2 the city of Southlake, Denton County and Tarrant County, Texas. Section 3 That the owners and inhabitants of the area herein annexed shall be entitled to all of the rights and privileges of other citizens and property owners of the City and are hereby bound by all acts, ordinances and all other legal action now in full force and effect and all those which may be hereafter adopted. Section 4 That the official map and boundaries of the city of Southlake, Texas, heretofore adopted and amended shall be and is hereby amended so as to include the aforementioned territory as part of the city of Southlake, Texas and the City Manager is hereby directed and authorized to perform, or cause to be performed, all acts necessary to correct the official map of the City of Southlake, Texas, to add the territory hereby annexed as required by law. Section 5 That the City Secretary is hereby directed and authorized to file certified copies of this Ordinance in the offices of the County Clerks of Denton County and Tarrant County, Texas, and to send certified copies of this ordinance to the State Comptroller and the Secretary of State. Section 6 This Ordinance shall be cumulative of all provisions of ordinances of the city of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. Section 7 It is hereby declared to be the intention of the city Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause, sentence paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or - 3 - • fir✓ section. Section 8 This ordinance shall be in full force and effect from and after its passage and it is so ordained. PASSED AND APPROVED ON FIRST READING by the C' , Council of the City of Southlake, Texas, the /i day of 1988. PASSED AND APPROVED ON SECOND READING by// the City C33��+ ncil of the City of Southlake, Texas, the (� day of �1S 11.6.14./, 1988 . tib' •� .14 ® t\ _ (r+ ' MAYOR PRO U TEM I ''' i a ATTEST: • :v: b \ •;•;< '......... C TY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney Date: (d- ADOPTED: ADOPTED: ,lrd EFFECTIVE: 4_,_e t4f1 ,W 08/SL1 - 4 - ]7){11] It] 'J' "A" TO OJ~I)JNANCE NO.457 [ '1 GENE? Al: Thi - annexation incorporates an area ABSTRACT 1958, Tarrant Count},, Texas, (see attachment). C>J ihs WILSON MEDLIN SURVET, referred to as TRACT NO. 24 SOLID ~fASTE COLLECTION: Sell© Waste Coll£ction presently being provided service in the City of Southlake is by Lakeside Sanitation. UTILITY SERVICE: POWER: GAS: CABLE TV: TELEPHONE: WATER: (Texas Power & Light/Tri-County Electric) will provide power service to the annexed area under terms of an existing Franchise Agreement with the City of Southlake. Lone Star Gas will provide gas service to the annexed area under terms of an existing Franchise Agreement with the City of Southlake. (Southlake Cablevision/Planned Cable Systems Corp.) will provide Cable TV service to the annexed area under terms of an existing Franchise Agreement with the City of Southlake. (General Telephone Company/Southwestern Bell Te!~phone Company) will provide service to the annexed area under terms of an existing Franchise Agreement %~ith the City cf Southlake. This will include the "9-]-]" Emergency Program, W~ter services in this area are currently being provided by privately owned wells o]7 systems. Thi~ area i~ in our included current water service Ma~ter Plan and ~?il] not require an}, chang~,s l~> thc plan at thi~; time. EX}t]]']']' "A" TC) O)~I~]~7iNC]~ N{). 457 Annexation S(,rvJc( ]']~ '~ WATEP: S E i.~E k: Upon annexation of th]? are~ the City of South]ake will initiate the- proper action to provide water service within th( required time limits of state law by eztensio~ of our current distribution system in accordance with present City policy. Annexation of this area will require capita] expenditures for water lines, additional storage (elevated and ground) personnel arid equipment to operate and maintain the additional system. Wastewater fl~ws fro~, th~s annexation will be accommodated by Septic Systems installed in accordance with Southlake City Ordinance that adoptes the Texas Board of Health Standards fo~ the construction of private sewage facilities. This area is included in the wastewater Collection System Master Plan that is currently being studied. ROAD~'.~AYS AND ROADI<AY !,LAINTENANCE: The proposed annexation area is essentially landlocked. Acc,-s~ would be provided as the area develops at the developer's expense. The city will provide maintenance to the current streets and will include them in the City's ultimate street plan for upgrade. Maintenance for new streets constructed after annexation of the area will be ge>yarned by present City policy and subdivision construction standards. POLICE PROTECTIO]f: Th~, annexed area is currently and will continue to bo patrolled 24 hours per day, 7 d~ys per week. Additional pol]ce personnel and capital expenditures are expected as a direct result of annexation of this area ]n providing police protect]on. EXHIBJT "A" TO ORDINANCE NO. 457 Annexation Service Plan TRACT 24 Page 3 TIME PERIODS: (]) The City will provide police protection, fire protection, solid waste collection, maintenance of water and waste water iacilities, maintenance of roads and streets (including lighting), the maintenance of parks, playgrounds, and swimming pools, and the maintenance of any other publicly owned facility, building, or service within the annexed area within sixty (60) days after the effective date of the annexation ordinance; and {2) The City will initiate the acquisition or construction of any capital improvements necessary for providing municipal services adequate to serve the annexed area, the construction to begin within two (2) years of the effective date of the annexation ordinance, aha to be substantially complete within four and one- half (4 1/2) years of the effective date of the annexation ordinance, and the acquisition or construction of the facilities to be accomplished by purchase, lease, or other contract or by the City's succeeding to the powers, duties, assets, and obligations of conservation and reclamation districts, if any, as, may be authorized or required by law. The construction of the capital improve~ents shall be accomplished in a continuous process and shall be completed as soon as reasonably possible, consistent with generally accepted local engineering and architectural standards and practices; provided, however, the City will be deemed to be in compliance with this subsection if the construction process is interrupted for any reason by circumstances beyond the direct control of the City. SUMMARY: Fire protection and Police protection can be provided under present City policies and ordinances with an additional e2~pense to the City for additional staffing. Water services to the area can be provided at additional e>~pense to the City by extending the system. All other services can be provided via Franchise Agreement with Texas Power and Light, Tri-County Electric, Lone Star Gas, Southlake Cablevision and Lakeside Sanitation, Inc. RECOMMENDED FOR COUNCIL CONSIDERATION: Curtis E. Hawk City Manager TRAC]' NO. 24 Revised 9/21/88 BEING a tract of land in the WILSON ~C~,IN SURVEY, ABSTRACT 1958, and the JOSEPH HENRY SURVEY, ABSTP~CT 742, Tarrant County, Texas and being more particularly describe~ as fo]l~s: BEGINNING at the most easterly northeast corner of said W. Med]in Survey for the northeast corner of the herein described tract; TPJ~CE Sou~ with the east line of said W. Medlin Survey to a point for a corner in a nortl~ line of a tract of land annex~ed into the City of Southlake by ordinance no. 319, said point being the nDst easterly southeast corner of the said W. Med]in Survey; TPJ~NCE West with a south line of said Medlin Survey and a north line of said ordinance 319 tract to a point for a corner being the ,Dst easterly southwest corner of said Medlin Survey; Tb2INCE North with a west line of said Medlin Survey and east line of said ordinance 319 tract to a point for a corner in a sou~% line of the said Medlin Survey; THENCE West with a south line of said M~]lin Survey and a north line of said ordinance 319 tract a distance of 2,269 feet to a point for a corner; TT~uiXFf]~ N 01° 07' 48" E with an east line of said ordinance 319 tract a distance of 184.4 feet to a point for a corner; THENCE S 89 o 49' 38" W %~th a north line of said ordinance 319 tract a distance of 579.16 feet to a point for a corner; THt~ N 01 o 29' 14" E witt~ an east line of said ordinance 319 tract a distance of 117.57 feet to a point for a corner; THENCE S 86 o 11' 07" W along ~%e northern most line of said ordinance 319 tract distance of 90.89 feet to a point for a corner in the east R.O.W. line of T.W. King Road; THENCE northeasterly along the east R.O.W. of T.W. King Road to a point at its intersection with the south line of a tract of ]and annex, ed into the City of Southlake by Ordinance No. 356; THENCE S 85 o 22' 06" E along the south line of said Ordinance No. 356 tract a distance of 674.54 feet to a point for a corner in an east line of the said Medlin Survey; THENCE East with a nol~ch line of said W. Medlin Survey to the POINT OF BEGINNING containing 22.5 acres of ]and, more or ]ess. SAVE AND EXCEPI' any parcel of land within this description ~]ich has been previously annexed into the City of Southlake. •Mwr�r�r,I,f,�, , \ \ :......''''''....1 iti 1 \ 7 1 \ ____ I ••/ r---I MCY ABST N• G I \ ..j ,, • W..% a r.— ..�... l + .L SURVEf\PST N•on (. ji ------ -_ • • .. •. 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