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ORD 2006-42TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2006-42 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, ADOPTING AND DESIGNATING THE TOWN'S EXTRATERRITORIAL JURISDICTION (ETJ), EXTENDING FROM THE TOWN'S BOUNDARY APPROXIMATELY ONE HALF (%) MILE, AT ANY POINT, AND NOT CONFLICTING WITH THE ETJ OF SURROUNDING MUNICIPALITIES; PROVIDING FOR THE INCORPORATION OF PREMISES, PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING SEVERABILITY; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club (hereinafter referred to as "Town") is a Home Rule Municipality acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and WHEREAS, Section 42.021 of Texas Local Government Code provides that the extraterritorial jurisdiction (ETJ) of the municipality is the unincorporated area that is contiguous to the corporate boundaries of the Town and that is located within one mile (1) mile of those boundaries, for cities with a population no less than 5,000 and no greater than 24,999; and WHEREAS, the Town of Trophy, according to the 2000 Census, has a population of 6,350; and WHEREAS, the designation of extraterritorial jurisdiction is limited by the boundaries of neighboring cities and their designated ETJ's; WHEREAS, the Town designated its extraterritorial jurisdiction as shown on Exhibit "A" and providing it does not conflict with an existing ETJ of a neighboring city, as provided in Section 42.022 of the Texas Local Government Code; WHEREAS, the Town Council has determined it is appropriate and necessary to delineate the corporate boundaries and the extraterritorial jurisdiction for the Town of Trophy Club, as reflected on Exhibit "A", entitled "Town of Trophy Club Extraterritorial Jurisdiction Map", a copy of which is attached hereto and incorporated herein; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES The above and foregoing premises are true and correct and are incorporated herein'and made a part hereof for all purposes. SECTION 2. ADOPTION A. A map designating the Corporate boundaries and the Extraterritorial Jurisdiction (ETJ) for the Town of Trophy Club, and all parts therefore, is attached hereto as Exhibit "A", entitled "Town of Trophy Club Extraterritorial Jurisdiction Map", which also reflects the corporate boundaries of the Town, and incorporated herein as if copied in its entirety. 1. Declaration: a. Distance of Extraterritorial Jurisdiction: Based on population, the Town's extraterritorial jurisdiction extends one (1) mile from its boundary, providing it does not conflict with an existing ETJ of a neighboring city. A copy of the map shall be kept in the office of the Town Secretary and the Town Engineer. SECTION 3. CUMULATIVE REPEALER This Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the provisions of such Ordinances except for those instances where there are direct conflicts with the provisions of this Ordinance. Ordinances or parts thereof in force at the time this Ordinance shall take effect and that are inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent with this Ordinance. Provided however, that any complaint, action, claim or lawsuit which has been initiated or has arisen under or pursuant to other such Ordinance on the date of adoption of this Ordinance shall continue to be governed by the provisions of that Ordinance and for that purpose the Ordinance shall remain in full force and effect. SECTION 4. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the Town Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 5. ENGROSSMENT & ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance by copying the exact Caption, Penalty and Effective Date in the minutes of the Town Council and by filing this Ordinance in the ordinance records of the Town. SECTION 6. EFFECTIVE DATE This Ordinance shall become effective from and after its date of adoption and publication as provided by law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas; the 10"' day of October, 2006. Mayor Town of Trophy Club, Texas Effective Date: 6n A) ")00(' ATTEST: Towrr9ecretary Town of Trophy Club, Texas APPROVED TO AS FORM: Town Attorney Town of Trophy Club, Texas [SEAL] Exhibit "A" Town of Trophy Club Extraterritorial Jurisdiction Map F ` u LEGEND zz- ip i _yt'� j9H TOWN OF TROPHY CLUB ETJ ..,,., ... :. �... V PROPERTY DESCRIPTION FOR ANNEXATION OF 20.929 ACRES SITUATED IN THE MARY MEDLIN SURVEY, ABSTRACT NUMBER 832, DENTON COUNTY. TEXAS Being 2&929 acres of land, more or less. situated in the Mary Medlin Survey, Abstract Number 832, Denton County. Texas; said area is all of or portions of tracts described to Jack Hemingway and wife Loris Ruth Hemingway (according to the deed recorded in Volume 538, Page 17, Deed Regards, Denton County, Texas). John A. Coleman. Jr., and wife Vertalee Coleman (according to the deed recorded in Volume 539, Page 24, said Deed Records), and Southwest Downs, LP (according to the deed recorded in Document Number 2006-136179, said Deed Records). Said 20.929 acres being more particularly described by metes and bounds as folloivs: BEGINNING at a re-entrant corner on an east line of the West 1D' Strip Deannexed to 1 rophy Club by Westlake' according to the instrurnent recorded in Volume 4032, Page 1599, Deed Records, Denton County, Texas: from whence the northwest corner of said Medlin Survey bears North 01`21'12" East, 3.48 feet; (1) Thence, North 89"'11'23" East, along said east line:, 1,724.67 fee: far corner, (2) Thence NORTH, continuing along said east line, 1.38 feet to the north line of a tract of land described to Southwest Downs, LP, according to the deed recorded in Document Number 2006-136179, said Deed Records, (3) Thence North B9`1442" L=ast, along said Southwest Downs north line, 289.43 feet to a west line of Tract E405 as described to the United States of America according to the deed recorded in Volume 370, Page 208, said Deed Records; (4) Thence South 21°24'58" East, along said west USA line. 379.80 feet: (5)Thence South 89"22'59" West, along a north line of said USA tract, 1,349.85 feet: (6) Thence South 54`44'09' West, continuing along said north USA tract line. 678.01 feel; (7) Thence North 57`18'01" West, continuing along said USA line, 288.52 feet to the aforementioned Deannexalion east tract line; (8) Thence North 00°38'26" West, along said east line, 574.15 feet to the Place of Beginning and containing 20.929 acres of land. more or less. This document was prepared under 22 TAC §663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real properly except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared --, - •� `P (.��-^ is '.s. Stephen H. Roberson. R.P.L.S. 5 Texas Registration No. 4096 � Dater % ie Z O 7 EXHIBIT "B" SERVICE PLAN FIRE Existing Services: None Services to be Provided: Fire suppression will be available to the area upon annexation. Primary fire response will be provided by an existing Fire Station located at 100 Municipal Drive. Adequate fire suppression activities can be afforded to the annexed area within current budget appropriation. Fire prevention activities will be provided by the Fire Marshall's office, as needed. POLICE Existing Services: None Services to be Provided: Currently, the area is under the jurisdiction of the Denton County Sheriffs Office. However, upon annexation, the Town of Trophy Club Police Department will extend regular and routine patrols to the area. It is anticipated that the implementation of police patrol activities can be effectively accommodated within the current budget and staff appropriation. BUILDING INSPECTION Existing Services: None Services to be Provided: The Building Inspection Department will provide Code Enforcement Services upon annexation. This includes but is not limited to issuing building, electrical, mechanical and plumbing permits for any new construction and remodeling, and enforcing all other applicable codes which regulate building construction within the Town of Trophy Club. PLANNING & ZONING Existing Services: None Services to be Provided: The Planning & Zoning Department's responsibility for regulating development and land use through the administration of the Town of Trophy Club's Zoning Code will extend to this area on the effective date of the annexation. The property will also continue to be regulated under the requirements of the Town of Trophy Club's Subdivision Regulation Code. These services can be provided within the department's current budget. HEALTH DEPARTMENT — HEALTH CODE ENFORCEMENT SERVICE Existing Services: None Services to be Provided: The Town of Trophy Club will implement the enforcement of the Town's health code ordinances and regulations on the affective date of annexation. Such services can be provided with current Community Development Department Personnel and within the current budget appropriation. In addition, animal control services will be provided to the area as needed. STREETS Existing Services: None Services to be Provided: Maintenance to the street facilities will be provided by the Town upon the effective date of the annexation. The service can be provided within the current budget appropriation. STORM WATER MANAGEMENT Existing Services: None Services to be Provided: Developers will provide storm water drainage at their own expense and will be inspected by the Town at the time of completion. The Town will then maintain the drainage upon approval. STREET LIGHTING Existing Services: None Services to be Provided: The Town of Trophy Club will coordinate any request for improved street lighting with the local electric provided in accordance with standard policy. TRAFFIC ENGINEERING Existing Services: None Services to be Provided: The Town of Trophy Club will be able to provide, after the effective date of annexation, any additional traffic control devices WATER SERVICES Existing Services: None Water service to the area of proposed annexation will be provided in accordance with applicable statutes, codes and department policy. When property develops in the adjacent areas, water service shall be provided in accordance with the present extension ordinance. Extension of service shall comply with applicable codes and ordinances. Water will be provided by annexation into the Municipal Utility District or paying the applicable rates for non -annexed areas. SANITARY SEWER SERVICE Existing Services: None Services to be Provided: Sanitary sewer service to the area of proposed annexation will be provided in accordance with applicable statutes, codes, and department policy. When property develops in the adjacent areas, sanitary sewer service shall be provided in accordance with the present extension ordinance. Extension of service shall comply with applicable codes and ordinances. Sanitary sewer service will be provided by annexation into the Municipal Utility District or paying the applicable rates for non - annexed areas. SOLID WASTE SERVICES Existing Services: None Services to be Provided: Solid waste collection shall be provided to the area of annexation in accordance with the present ordinance. Service shall comply with existing Town policies, beginning with occupancy of structures. MISCELLANEOUS All other applicable municipal services will be provided to the area in accordance with the Town of Trophy Club's established policies governing extension of municipal services to newly annexed areas.