Loading...
ORD 1998-19TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 9 a -1 9 AN ORDINANCE OF THE TOWN OF TROPHY CLUB TEXAS„ PROVIDING FOR THE ANNEXATION OF CERTAIN TERRITORY CONSISTING OF A 11.589 ACRE TRACT OF LAND AS DESCRIBED BY METES AND BOUNDS HEREIN WHICH TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS OF THE TOWN OF TROPHY CLUB, TEXAS; PROVIDING AN EFFECTIVE DATE, WHEREAS, on May 28, 1998, there was filed with the Town Council of the Town of Trophy Club, Texas a Petition to Annex Certain Land Into the Town of Trophy Club, Texas (the "Petition"), a true and correct copy of which Petition is attached hereto as Exhibit A; and WHEREAS, pursuant to §43.028, Tex_ Loc. Gov. Code, the Town Council heard the Petition and the arguments for and against the annexation and granted the Petition by the adoption of Resolution No. 98-09 ,which Resolution called for public hearings and the issuance of notices regarding the proposed annexation; and WHEREAS, public hearings before the governing body of the Town of Trophy Club, Texas, where all interested persons were provided with an opportunity to be heard on the proposed annexation of the territory described in Exhibit B attached hereto and incorporated herein, were held on the 16th day of June, I998, at 7:00 p.m. and 7:30 p.m. in the Muuicipal Building, 100 Municipal Drive, Trophy Club, Texas, said dates being after the 40th day but before the 20th day before the date of the institution of annexation proceedings; and WHEREAS. notice of such public hearings was published in a newspaper having general circulation in the Town of Trophy CIub, Texas and in the territory described in Exhibit B on the 2nd of June, 1998, the said date of publication being on or after the 20th day but before the 10th day before the date of the respective hearing for which the notice was published; and WHEREAS, the territory described in Exhibit B lies adjacent to and adjoins the present boundaries of the Town of Trophy Club, Texas; and WHEREAS, the Town Council does hereby find that the annexation into the Town of the territory described in Exhibit B is in the best interest of the health and welfare of the citizens of the Town of Trophy Club. NOW THEREFORE, BE IT ORDAINED BY THIE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: 1 Section 1. The above recitals are hereby found to be true and correct and incorporated herein for all purposes. Section 2. The land and territory more specifically described by Exhibit B attached hereto and incorporated herein and containing a 11.589 acre tract, which territory is adjacent to and adjoining the present boundaries of the Town of Trophy Club, Texas and within its extraterritorial jurisdiction, is hereby added and annexed to the Town of Trophy Club, Texas, and said territory as described above shall hereafter be included within the boundary limits of the Town of Trophy CIub, Texas, and the present boundary limits of the Town at the various points contiguous to the area as described above, are altered and amended so as to include said area within the co limits limits of the Town. The Town Staff is hereby directed to cause e the reap of the boundaries of the Town to be amended to reflect the annexation of the territory herein described and to file a copy of the said map as amended with any appropriate persons or entities. Section 3. The above described territory and the acres so annexed shall be a part of the Town of Trophy CIub, Texas, and the inhabitants thereof, if any, shall be entitled to all of the rights and privileges of all citizens and shall be bound by the acts, ordinances, resolutions and regulations of the Town of Trophy Club, Texas. Section 4. The service plan for the area described above which was made available for public inspection at the public hearings is hereby approved with a copy of said plan being attached hereto and incorporated herein for all purposes and labeled Exhibit C. Section 5. This Ordinance shall take effect from and after its date of adoption in accordance with law. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this _? s t day of4u e, 1998. ,duly ATTEST: j Town Secretary, Town of Trophy Club, Texas APPROVED AS TO FORM; Ta n Attorney, Town of Trophy Club, Texas M6�, Town of Trophy CIu ,Texas Mayor Pro Tem PETITION TO ANNEX CERTAIN LAND INTO THE TOWN OF TROPHY CLUB STATE OF TEXAS COUNTY OF DENTON TO THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: The undersigned ("Petitioner") is the owner of title to land more particularly described in the attached Exhibit 1 (the "Property") which is located within Denton County, Texas. Acting pursuant to provisions of Section 43.028, Texas Loc, Gov. Code, the undersigned respectfully petitions the Town Council of the Town of Trophy Club, Texas (the "Town") to extend the present Town limits so as to include and annex as a part of the Town the Property, and would respectfully show the following: 0 The Property is (i) one-half mile or less in width, (ii) contiguous to the Town, and (iii) vacant and without residents or on which fewer than three qualified voters reside. The Property is" located entirely within the extraterritorial jurisdiction of the Town. H. Petitioner is the sole owner of the Property, and this Petition is signed and acknowledged by each and every person. (whether a corporation, limited liability company, partnership, sole proprietorship, individual, or any other entity recognized in law) having an interest in any part thereo£ MJ By this instrument, Petitioner hereby confirms, consents, and certifies that this Petition to Annex constitutes a petition and election on the part of Petitioner, and its successors and assigns in title to such property, for said land and any improvement's thereto, to the extent permitted by law, to be assessed for their share of all present and future debts of the Town in the same manner and to the same extent as other lands and improvements within the Town are liable for the Town's debts. rV. The undersigned officer and/or agent of Petitioner is the properly authorized official and has the necessary authority to execute this Petition on behalf of Petitioner, and Petitioner hereby certifies to the Town that any necessary resolutions or other act extending such authority have been duly passed and are now in full force and effect. THEREFORE, Petitioner respectfully prays that this Petition be heard after due notice and that the Town Council grants the Petition and institute annexation proceedings to annex the Property into the Town. RESPECTFULLY SUBMITTED this day of W�l S. PETITIONER: 4avlae g John E. Harbin, ApCeMatative of Petitioner STATE OF TEXAS COUNTY OF DENTON EFO , t e undersigned authority, on this ay personally appeared +P of k sown to me to be the rson whose name is subscribed to the foregoing instrument, and acknowledged tome that executed the same fqr t e , purposes and consideration therein expressed, as the act and deed of said and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAT, OF OFFICE this the O5'9 day of 1998. , Notary Public, State of Texas jti .Y •- ti•r-.�, ,.` 'rISHA HARRIS 1. f, 4 3rAT pie 8 C RE E �D MAY 2 11998 HY:_ EXH91T I E�.h'b'��r 8 LEGAL DESCRIPTION HEJNG a tract car parcel of fang out of the M. MEDLIN SURVEY ABSTRACT in Denton County, Texas, and being all of a 11.59 acre tract of land T be 832 In LARRY W. CARR arul WIFE, recorded Volume 622, Page 604, DeedSR cor deed to County, Texas and being nnore Particufarly described as follows: ecords Denton 6EGII%IPIIT4G at a 5/8 inch iron rocs found for corner at the Southeast ccrner of Phase 1, and addition to the City of Trophy Club, as recorded in Cabinet M, Sfr� Eagles Ridge, Records of Denton County, Texas: a i50, Plat THENCE North 00-00-37" East a distance or586.00 feet to a point for corner; i THENCENort1i 30=03'3C1" � E2st a distance of 284,52 feet to a Point for comer; THENCE South 87' 59'1 S" East a distance of 487.49 feet to a point for corner; THENCE South 00=12'23" East a distance of 819.03 feet to a point for corner; THENCE North 83=38-53" !blest a distance of 632.77 feat to the POINT OF BE containing 11 .5890 acres of lend, more or less. GINNING and .^ 'may !V o� y 46 Xi I `�,Z.,s��r*.�., � �' ••' �; , - ���: `:vim: _ j � i �' �. �;r, � J 1 • +'• . \ • ,ter %, � • , I.�� •��. •-, f�'.'•''�� � U 1 ,','�i ��r+.� � ! I f .J �il t•� 1-• /; �+ l t� - ((//\aa��``"�• + '�' c t r TOWN OF TROPHY CLUB, DENTON COUNTY, TEXAS SERVICE PLAN FOR ANNEXED AREA ANNEXATION CASE NO. 98-03 ACREAGE ANNEXED: 11.598 acres, as described in the Ordinance (the "Property") Municipal services to the acreage described above shall be furnished by or on behalf of the Town of Trophy Club, Texas, at the following levels and in accordance with the following schedule: A. POLICE SERVICES: Patrolling, responses to calls, and other routine police services, within the limits of existing personnel and equipment, will be provided within 60 days of the effective date of annexation. 2. As development and construction commence within this area, sufficient police personnel and equipment will be provided to continue to furnish this area the level of police services consistent with police services available in other parts of the Town with land uses and population densities similar to those projected in the annexed area. B. FIRE SERVICES: 1 • The Town does not provide fire protection; that service is provided to other areas of the Town by a municipal utility district (Trophy Club Municipal Utility District No. 1 or Trophy Club Municipal Utility District No. 2). In order to receive fire protection from the municipal utility district, 'the Property will need to be annexed into a municipal utility district. Provided, however, that it is the Town's understanding that fire protection by the present personnel and the present equipment of the free department of the municipal utility district, within the limitations of available water and distances from existing fire stations, will be provided to this area within 60 days of the effective date of annexation. 2. As development and construction commences within this area, it is anticipated that the municipal utility district will provide sufficient fire personnel and equipment will be provided to continue to furnish this area the level of fire services consistent with fire service available in other parts of the Town with land uses and population densities similar to those projected in the annexed area, C. HEALTH AND CODE COMPLIANCE SERVICES: I • Enforcement of the Town's health ordinances and regulations including, but not limited to, weed and brush ordinances, junked and abandoned vehicle ordinances, and animal control ordinances, shall be provided within the Property on the effective date of the annexation ordinance. These ordinances and regulations will be enforced through the use of existing personnel. Complaints of ordinance or regulation violations within the Property will be responded and investigated by existing personnel beginning with the effective date of the annexation ordinance. 2. The Town's building, plumbing, electrical, and all other construction codes will be enforced within the Property beginning with the effective date of the annexation ordinance. Existing personnel will be used to provide these services. 3. The Town's zoning, subdivision, and other ordinances shall be enforced in the Property beginning on the effective date of the annexation ordinance, 4. All inspection services furnished by the Town of Trophy CIub, but not mentioned above, will be provided to the Property beginning on the effective date of the annexation ordinance. BuildinCP gs or structures, as defined in the Comprehensive Zoning Ordinance, under construction on the effective date of annexation shall be exempted from these inspections for that building or structure under construction, 5. As development and construction commence within the Property, sufficient personnel will be provided to continue to furnish this area the same level health and code compliance services as are furnished throughout the Town. D. PLANNING AND ZONING SERVICES: The planning and zoning jurisdiction by the Town will extend to the Property on the effective date of the annexation ordinance. Town planning will thereafter encompass this property, and it shall be entitled to consideration for zoning in accordance with the Town's Comprehensive Plan and Comprehensive Zoning Ordinance. E. RECREATION AND LEISURE SERVICES: 1. Residents of the Property may utilize all existing recreational and leisure services facilities and sites throughout the Town beginning with the effective date of the annexation ordinance. Z• Existing parks, playgrounds, swimming pools and other recreation and leisure facilities within the Property shall, upon dedication to and acceptance by the Town, be maintained and operated by the Town. of Trophy Club. F. SOLID WASTE COLLECTION: 1. Solid waste. collection shall be provided to the property owner in accordance with existing Town policies as to frequency and charges, beginning within 60 days of the effective date of annexation. G. STREETS: �. The Town of Trophy Club's existing policies with regard to street maintenance, applicable throughout the entire Town, shall apply to this property beginning within 60 days of the effective date of the annexation ordinance. 2. As development, improvements or construction of streets to the Town standards commence within the Property, the policies of the Town of Trophy Club with regard to impact fees and participation in the cost thereof, acceptance upon completion, and maintenance after completion, shall apply. 3. The same level of maintenance shall be provided to streets within the Property that have been accepted by the Town. of Trophy Club as is provided to like Town streets throughout the Town. H. WATER SERVICES: Water supply is provided to the Town through municipal utility districts. It is the Town's understanding that, in the event the Property is annexed into a municipal utility district, connection to existing water mains for water services for use within the Property, will be provided in accordance with existing policies of the municipal utility district. It is further the Town's understanding that all capacity necessary to provide water service to the Property, and all lines necessary for the Property to tie into the existing water system of a municipal utility district, ace already available, and that the owner of the Property will not request the expenditure by either the Town or a municipal utility district of public funds to construct or acquire additional capital improvements to provide water service to the Property. Private water lines within this property shall be maintained by their owners. I. SANITARY SEWER SERVICES: Sanitary sewer supply is provided to the Town through municipal utility districts. It is the Town's understanding that, in the event the Property is annexed into a municipal utility district, connection to existing sanitary sewer mains for sewer services for use within the Property, will be provided in accordance with existing policies of the municipal utility district. It is further the Town's understanding that all capacity necessary to provide sanitary sewer service to the Property, and all lines necessary for the Property to tie into the existing sanitary sewer system of a municipal utility district, are already available, and that the owner of the Property will not request the expenditure by either the Town or a municipal utility district of public funds to construct or acquire additional capital improvements to provide sanitary sewer service to the Property. J. PUBLIC UTILITIES: 1. Other public utilities will be provided by the Town's franchisee or a provider holding a certificate of convenience issued by the state to serve that area, K. NUSCELLANEOUS: General municipal administration services of the Town shall be available to the annexed area beginning with the effective date of the annexation ordinance.