0462THE CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 462
AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS
TERRITORY INTO THE CITY OF SOUTHLAKE, TEXAS, BEING
A TRACT OF LAND KNOWN AS TRACT NO. 29, 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
4400 `01i0
section.
Section 8
This ordinance shall be in full force andl effect from
and after its passage and it is so ordained.
PASSED AND APPROVED ON FIRST READING by the i y Coun it
of the City of Southlake, Texas, the /5 day �f i .
1988.
PASSED AND APPROVED ON SECOND READING Iby, the City
uncil of the City of Southlake, Texas, the I ej day of
1988.
1.4
MAYOR PRO Tr
ATTEST:
C TY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
City Attorney
Date: /2- --14 --
ADOPTED: Aae,�.�fj'►Z, /
EFFECTIVE: /0 "a, // S/
13/SL1
II
- 4 -
EXHIBIT "A"
TO ORDINANCE NO.462
ANNEXATION SERVICE PLAN
GENEkAL:
This annexation incorporates an area
ABSTRACT 254, TARRANT COUNTY, TEXAS,
attachment).
of the JOHN CHILDRESS SURVEY,
referred to as TRACT 29 (see
SOLID WASTE COLLECTIO~:
Solid Waste Collection service in the City
presently being provided by Lakeside Sanitation.
of Southlake is
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 w~th the City of Southlake.
(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.
The City of Southlake is providing the water
service to this area and will continue to upgrade
%he 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 th~s area.
EXHIBIT
TO ORDINANCE NO.
Annexation Service Plan
Page 2
WATER:
(cont)
Ail water system improvement within the
annexation area will be in accordance to present
City policy, and will occur regardless of the
anne>~ation.
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.
EXHIBIT
TO ORDINANCE NO.
Annexation Service Plan
TP~CT 29
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
capita] 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, ann 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.
SUH}~RY:
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 P0R COUNCIL CONSIDERATION:
Curtis E. Hawk
City Manager
TPJ~CT NO. 29 Revised 9/21/88
BEING a tract of land in the JOHN CH]LDRESS SURVEY, ABSTRACT 254, Tarrant
County, Texas, an{] described as follows:
BDGINNING at a point for the southeast corner of this tract, and the southeast
corner of a 2.28 acre tract recorded in V. 4177, P. 181, DRTCT said point being
N 00c 27' 00" E 423.3 feet and S 89 o 31' 00~' W 414.5 feet from the southeast
corner of ~,e John Childress Survey;
THENCE S 89 o 31' 00" W to a point on ~]e east boundary line of the N.E. Thompson
Survey, Abstract 1563, said point being in the R.O.W. of Lonesome Dove Avenue;
~ northerly with the east line of sa~d N.E. Thompson Survey to the northeast
corner of said N.E. Thompson Survey;
THENCE East to a point ~diate]y nor~% of tile northeast corner of the
previously referenced 2.28 acre tract;
THEN~E~ S 6 0 36' W passing the northeast corner of said 2.28 acre tract,
continuing along the east line of said 2.28 acre tract to the POINT OF BEGINNING
containing 3.5 acres of ]and, note or less.
SAVE AND EXCEPT any parcel of land within this description which has been
previously armexed into the City of Sou~]lake.
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