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0463THE CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 463 AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY INTO THE CITY OF SOUTHLAKE, TEXAS, BEING A TRACT OF LAND KNOWN AS TRACT NO. 30, 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, - 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 TRACT NO. 30 Revised 9/21/88 BEING a tract of land in t3]e JOI~ f]llLDRESS SURVEY, Tarrant County, ABST[~CT NO. 254, and the JOHN W]ZW/Ji~., SURVEY, Denton County, ABSTRAC]' NO. ]347, Denton and Tarrant Counties, Texas, and being pore ~mrticu]ar]y described as follows- BEG/N?{ING at a point in the north line of the John Chi]dress Survey, Abstract No. 254, said point being at the, intersection of the north-sout3~ center]ine of the J. Childress Survey as described in the City of South]ake's ordinance 84, said poinl bein9 the ~wust nortJ~er]y northwest corner of said ordinance 8~ tract and tJ'~e existing City limit line for tJ~e City of Southlakc; %%K]4CE East along the north line of the said J. Childress Survey, Tarrant County and soutll line of J. Wizwel] Survey, Denton,Co. Abstract No. 1347, to a point at ti~e southeast corner of said Wizwe]l Survey; THt~CE in a northwesterly direction to a point being the southwest corner of t~e J. Wizwe]] Survey, Denton Co., Abstract No. 1348 said corner being in the north line of the J. Wizwe]] SurYey, Denton County, Abstract No. 1347; TH~4CE Southwesterly to a point in the west line of saic J. Wizwell Survey. [~nton County, ~23stract No. ]347, said point being 1250 feet north of its S.W. corner; said p~int a]so being approxiwstley 4200 feet north of the S.W. corner of t]%e John Chi]dress Survey, Tarrant Co., Abstract 254; THENCE SoutY~ along the west line of the J. Wizn~,e]] Survey to its S.W. corner, said corner ~+eing the N.W. corner of said J. Childress Survey; TH~CE South along tile west line of said J. Chi]dress Survey to the N.W. corner of a tract of land annexed by ordinance number 209 to tt~e City of Southlake, Texas; THENCE East to a point in a west line of said ordinance 84 tract; THI~qCE North along the North-SoutL centerline of said J. Childress Survey and the west line of said ordinance numt3er 84 tract to the PLACF OF BEGINNING containing 140 acres of ]and, ,ore or less. SAVE AND EXCEPT any parcel of ]and within tt]is description %~ich has been previously annexed into the City of Southlak~. 1 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 thCity Coun it of the City of Southlake, Texas, the /f day; of j) 1988 . PASSED AND APPROVED ON SECOND READING by the City ouncil of the City of Southlake, Texas, the & day of , 1988. • „Aottimmmmmmm,pd,% / / Adr I III P 141 crt.....--' �. MAYOR PRO' TEM ' . ATTEST: '.,._ . ,•''.. ,. 47_41,e, - //TA/747?..141--2.- ;", SECRETARY ....d3 APPROVED AS TO FORM AND LEGALITY: LJk 2 --- City Attorney Date: fa- - /6 - (q-- ADOPTED: 3 ADOPTED: 11t,i99-/� -/ /73 EFFECTIVE: da. ,1 .• � 77 ) 14/SL1 - 4 - n . 7 !-c y • EXH I B 7' "A"\ ' TO OR I NANCE NO. 463 ANNEXATION SERVICE PLAN GENE ' This annexation incorporates an area of the JOHN CHILDRESS SURVEY, Tarrant Counts', ABSTRACT NO. 254 , and the JOHN WIZWELL SURVEY, Denton County, ABSTRACT NO. 1347 , Denton and Tarrant Counties, Texas , referred to as TRACT NO. 30 (see attachment ) . SOLID WASTE COLLECTION: " lid Waste Collection service in the City of Southlake is presently being provided by Lakeside Sanitation. UTILITY SERVICE: ''r?WER: (Texas Power & Light/Tri-Conn y 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 -ervice to the annexed area under terms of an existing Franchise Agreement with the City of Sout lake . CABLE TV: (Southlake Cablevision/Planned able Systems Corp. ) will provide Cable T service to the annexed area under terms of an existing Franchise Agreement with the City of Sout lake . TELEPHONE: (General Telephone Company/Sout western Bell Telephone Company) will provi.e service to the annexed area under terms of an existing Franchise Agreement with the City of So thlake. This will include the "9-1-1" Emergency Program. WATER: The City of Southlake is p oviding the water service to this area and will ontinue to upgrade the System in accordance ith the current Distribution System Master Plan . Attached is a map showing the System Master Plan with the ultimate wate1 facilities for this aria . 4 j • EXHIBIt . TO ORDINANCE NO. I Annexation Service Plan I - P-, • WATER: All water system improvement wi hin the (cont) annexation area will be in acco dance to present City policy, and will occur reg-rdless of the annexation . SEWER: Wastewater flows from this annexation will be accommodated by Septic Systems . nstalled in accordance with Southiake City •rdinance that adoptes thtTexas Board of Heal .h Standards for the construction of private sew.ge facilities. This area is included in the wa tewater Collection System Master Plan t at is currently being studied. ROADWAYS AND ROADWAY MAINTENANCE: -- --oposed annexation area is essentially l. ndlocked. Access would be provided as the area develops at the d-veloper ' 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 poli.y and subdivision construction standards . POLICE PROTECTION: annexed area is currently and will continue to be patrolled 24 hours per day, 7 days per week. No additional olice personnel or capital expenditures are expected as a direct r suit of annexation of this area in providing police protection. FIRE PROTECTION AND AMBULANCE SERVICE: - • ,x""d area is; currently and will continue to be provided fire protection and ambulance service by the centra fire station until additional substations are required by develop ent in the general area of this annexation . The additional staff ' nq, equipment , and _ capital expenses will he incurred regard] esr of -he annexation . EXHIBIT TO OR INANCE NO. Annexation Service Plan TRACT 30 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 (in, luding lighting) , the maintenance of parks , playgrounds, and swimm ng pools, and the maintenance of any other publicly owned facil ty, building, or service within the annexed area within sixty (6 ' ) 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 unicipal services adequate to serve the annexed area, the cons ruction to begin within two (2) years of the effective date of the annexation ordinance, and to be substantially complete wit in four and one- half (4 1/2) years of the effective date •f 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 • ny, as, may be authorized or required by law. The construction of the capital improvements shall be accomplished in a conti uous process and shall be completed as soon as reasonably possibl- , consistent with generally accepted local engineering and archi ectural standards and practices; provided, however, the City will oe deemed to be in compliance with this subsection if the constr ction process is interrupted for any reason by circumstances •eyond 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. 30 Revised 9/21/88 BEING a tract of land in the JOHN CHILDRESS SURVEY, Tarran County, ABSTRACT NO. 254, and the JOHN WIZWELL SURVEY, Denton County, ABS ' ,CT NO. 1347, Denton and Tarrant Counties, Texas, and being more particularly d-scribed as follows- BEGINNING at a point in the north line of the John Childre-s Survey, Abstract No. 254, said point being at the intersection of the nor_ south centerline of the J. Childress Survey as described in the City of Southl-ke's ordinance 84, said point being the most northerly northwest corner of said ordinance 84 tract_ andthe existing City limit line for the City of Southlako; THENCE East along the north line of the said J. Childress Survey, Tarrant County and south line of J. Wizwell Survey, Denton,Co. Abstract o. 1.347, to a point at the southeast corner of said Wizwell Survey; THENCE in a northwesterly direction to a point being the -outhwest corner of the J. Wizwell Survey, Denton Co. , Abstract No. 1348 said cor er being in the north line of the J. Wizwell Survey, Denton County, Abstract No. 1347; THENCE Southwesterly to a point in the west line of said . Wizwell Survey, Denton County, Abstract No. 1347, said point being 1150 f:-t north of its S.W. corner; said point also being approximatley 4200 fees north of the S.W. corner of the John Childress Survey, Tarrant Co. , Ab-.tract 254; THENCE South along the west line of the J. Wizwell Survey to its S.W. corner, said corner being the N.W. corner of said J. Childress S ey; THENCE South along the west line of said J. Childress S ey to the N.W. corner of a tract of land annexed by ordinance number 209 to the City of Southlake, Texas; THENCE East to a point in a west line of said ordinance 8! tract; THENCE North along the North-South centerline of said J. ihildress Survey and the west line of said ordinance number 84 tract to the PLACE OF BEGINNING containing 140 acres of land, more or less. 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