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0459THE CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 459 AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY INTO THE CITY OF SOUTHLAKE, TEXAS, BEING A TRACT OF L~%ND KNOWN AS TRACT NO. 26, 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 Cl/MULATIVE 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 ll, 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 al/ 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 w~th 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 jf 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 (1110 *00 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 y Coun it of the City of Southlake, Texas, the /6-- day of 1988. PASSED AND APPROVED ON SECOND READING by the City uncil of the City of Southlake, Texas, the �p day of , 1988. /?.. MAYOR PRO TEM ATTEST: cAi6d/a4 Y SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney Date: (c)-- —/.c-- , // / �/ ADOPTED: A _/j ( / / 7 �4 EFFECTIVE: ,,� ; 4: 2/ l/ m' 10/SL1 - 4 - 410 L'RIIIIII7' "A" Ze TO ORDINANCE NO. 459 ANNEXATION SERVICE PLAN GENERAL: This annexation incorporates an area of the REIS D. PRICE SURVEY, Tarrant County, Abstract 1207 and the DAVID DOUHIT SURVEY, Tarrant County, ABSTRACT 448 , the REIS D. PRICE SURVEY, Denton County, ABSTRACT 1003 and the DAVID DOUTHIT SURVEY, Denton County, ABSTRACT 1607, referred to as TRACT NO. 26 (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: Water services in this area are currently being provided by privately owned wells or systems . This area is included in our current water service Master Plan and will not require any changes to the plan at this time . EXI1]I'.I T TO ORDINANCE NO. Annexation Service Plan Page 2 WATER: Upon annexation of this area the City of Southlake will initiate the proper action to provide water service within the required time limits of state law by extension of our current distribution system in accordance with present City policy. Annexation of this area will require capital expenditures for water lines, additional storage (elevated and ground) personnel and equipment to operate and maintain the additional system. SEWER: Wastewater flows from this annexation will be accommodated by Septic Systems installed in accordance with Southlake City Ordinance that adoptes 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 : The proposed annexation area is essentially landlocked. Access 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 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. Additional police personnel and capital expenditures are expected as a direct result of annexation of this area in providing police protection . FIRI? PROTECTION AND AMBULANCI; SERVICE: The annexed area is current)y and will continue to Inc provided fire protection and ambulance service by the centra] fi] e station until additional substations are required by development nt i n the genera] area of this annexation . The additional staffing , equipment , and capita] expense will he incurred as a result of t lei : annexation . NiIBIT TO ORDINANCE NO. Annexation Service Plan TRACT 26 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 and Police protection can be provided under present City policies and ordinances with an additional expense to the City for additional staffing. Water services to the area can be provided at additional expense to the City by extending the system and providing additional staff as development occurs . 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 TRACT NO. 26 BEING a tract of land in the REIS D. PRICE SURVEY, Tarrant County, ABSTRACT 1207 and the DAVID DOUTHIT SURVEY, Tarrant County, ASBTRACT 448, the REIS D. PRICE SURVEY, Denton County, ABSTRACT 1003 and the DAVID DOUTHIT DURVEY, Denton County, ABSTRACT 1607 and being more particularly as follows: BEGINNING at the northwest corner of the JAMES CHIVERS SURVEY Abstract No. 348 as described in the City of Southlake annexation Ordinance 77 and Ordinance 81; THENCE South along the west line of said James Chivers Survey to the northeast corner of the Joel Chivers Survey, Abstract NO. 350; THENCE West 819 feet along the north line of the Joel Chivers Survey to a point in the east boundary of a tract of land annexed into the City of Southlake by ordinance 99; THENCE North 1791 feet with a east line of said ordinance 99 tract to a point for a corner; THENCE N 88 43' E 205.3 feet to a point; THENCE N 14 22' W 1274.9 feet to a point; THENCE S 89 53' W 286 feet to a point; THENCE S 18 03' W 830.3 feet to a point; THENCE S 89 49' W 165 feet to a point; THENCE N 18 18' W 577.8 feet to a point; THENCE N 69 38' W 427 feet to a point in the east line David Douthit Survey, Tarrant County, Abstract No. 448; THENCE in a northwesterly direction along the north line of Grace Estates subdivision to a point for a corner in the east boundary of a tract of land annexed into the City of Southlake by ordinance 132, said point being the most northerly N.E. corner of Hilltop Estates; THENCE North along the east boundary of said ordinance 132 tract to its northeast corner for a point in the north line of the David Douthit Survey, Denton County, Abstract No. 1607 said point also being 259.5 feet west of the N.E. corner of said Douthit Survey; THENCE East along the north line of said D. Douthit Survey to its N.E. corner being a point in the west line of the R.D. Price Survey, Denton County, Abstract No. 1003; THENCE East to a point in the most easterly east line of the R.D. Price Survey, Denton County, Abstract 1003 said point being 4200 feet north of the S.W. corner of the John Childress Survey, Tarrant County, Abstract No. 254; • • 4.01 THENCE South 4200 feet along the most easterly east line of said R.D. Price Survey to its most easterly southeast corner, said corner being the north line of said James Chivers Survey and being the S.E. corner of said J. Childress - Survey; THENCE West along the north line of said James Chivers Survey to the PLACE OF BEGINNING containing 212 acres of land, more or less. 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