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0460THE CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 460 AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY INTO THE CITY OF SOUTHLAKE, TEXAS, BEING A TRACT OF LAND KNOWN AS TRACT NO. 27, 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 CI~AUSE; 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 ann~×~tion 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, - 1 - 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 - *411100 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 READINGby the City Council of the City of Southlake, Texas, the 5 day of !tl17,tj/hdai > 1988. PASSED AND APPROVED ON SECOND READING by the City C cil of the City of Southlake, Texas, the & day of , 1988. MAYOR PRO /ITEM j ATTEST: 444,A XX/444/1-4 CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: Gk),t City Attorney Date: / ;?-- - /6 S`Y ADOPTED: 126V4Itit&ti / /9 EFFECTIVE:/ & L4 . 2f, C 7fd 11/SL1 - 4 - ESABIT "A" TO ORDINANCE NO.460 ANNEXATION SERVICE PLAN GENERAL: This annexation incorporates an area of the JOHN CHILDRESS SURVEY, ABSTRACT 254 , TARRANT COUNTY, TEXAS, referred to as TRACT 27 (see attachment) . SOLID WASTE COLLECTION: Solid Waste Collection service in the City of Southlake is presently being provided by Lakeside Sanitation. UTILITY SERVICE: POWER: (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. GAS : Lone Star Gas will provide gas service to the annexed area under terms of an existing Franchise Agreement with the City of Southlake. CABLE TV: (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. TELEPHONE: (General Telephone Company/Southwestern Bell Telephone Company) will provide service to the annexed area under terms of an existing Franchise Agreement with the City of Southlake. This will include the "9-1-1" Emergency Program. WATER: The City of Southlake is providing the water - service to this area and will continue to upgrade the System in accordance with the current Distribution System Master Plan. Attached is a map showing the System Master Plan with the ultimate water facilities for this area. E BIT (10 TO ORDINANCE NO. Annexation Service Plan Page 2 WATER: All water system improvement within the (cont) annexation area will be in accordance to present City policy, and will occur regardless of the annexation. SEWER: Wastewater flows from this annexation will be accommodated by Septic Systems installed in accordance with Southlake City Ordinance that adopts the Texas Board of Health Standards for the construction of private sewage facilities. This area is included in the wastewater Collection System Master Plan that is currently being studied. ROADWAYS AND ROADWAY MAINTENANCE: Access to the proposed annexation area is currently provided by a city street. 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 governed by present City policy and subdivision construction standards . POLICE PROTECTION: The annexed area is currently and will continue to be patrolled 24 hours per day, 7 days per week. No additional police personnel or capital expenditures are expected as a direct result of annexation of this area in providing police protection. FIRE PROTECTION AND AMBULANCE SERVICE: The annexed area is currently and will continue to be provided fire protection and ambulance service by the central fire station until additional substations are required by development in the general area of this annexation. The additional staffing, equipment, and capital expenses will be incurred regardless of the annexation. • EBIT TO ORDINANCE NO. Annexation Service Plan TRACT 27 Page 3 TIME PERIODS: (1) The City will provide police protection, fire protection, solid waste collection, maintenance of water and waste water facilities, 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, and 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 improvements 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, Police protection, Water and Sewer services to the area can be provided at no direct expense to the City under present policies , ordinances, and staffing levels . All other services can be provided via Franchise Agreement with Texas Power & Light, Tri- County Electric, Lone Star Gas, Southlake Cablevision and Lakeside Sanitation, Inc. RECOMMENDED FOR COUNCIL CONSIDERATION: Curtis E. Hawk - City Manager TRACT NO. 27 Revised 9/21/88 Being a tract of land in the John Childress Survey, Abstract 254, Tarrant County, Texas and being the same tract of land as recorded in V. 3246, P. 474, DRTCT and more particularly described as follows: BEGINNING at a point in the south line of said Childress Survey, East 872.1 feet and N 89° 06' 22" E 167.12 feet from the southwest corner of said Childress Survey; THENCE North 263.63 feet to a point for a corner in the south R.O.W. of Burney Lane; THENCE East along the south R.O.W. line of Burney Lane continuing to a point for a corner in the east line of the-N.E. Thompson Survey, Abstract 1563; THENCE South along said survey line to a point for a corner in the south line of said Childress Survey; THENCE West along the south line of said Childress Survey to the point of beginning and containing 2.86 acres of land, more or less. 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