ORD 2007-04TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2007-04
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
ANNEXING APPROXIMATELY 20.929 ACRES SITUATED IN THE
MARY MEDLIN SURVEY, ABSTRACT NUMBER 832, DENTON
COUNTY, TEXAS AS MORE FULLY DESCRIBED IN EXHIBIT "A"
ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING
FOR THE INCORPORATION OF PREMISES; PROVIDING FOR
ANNEXATION AND BOUNDARY MAP AMENDMENT; APPROVING A
SERVICE PLAN FOR THE ANNEXED PROPERTY; PROVIDING A
SAVINGS AND REPEALER CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, pursuant to Chapter 43 of the Texas Local Government Code and
the Trophy Club Home Rule Charter, the Town is authorized to annex territory into its
corporate boundaries; and
WHEREAS, the procedures prescribed by Chapter 43 of the Texas Local
Government Code, including without limitation, notices, publications and public hearings
have been duly followed and all other legal requirements have been met to properly
annex an approximate 20.929 Acres situated in the Mary Medlin Survey, Abstract
Number 832, Denton County, (the "Property") as more fully described in Exhibit "A", a
copy of which is attached hereto and incorporated herein; and
WHEREAS, the Town Council finds that the Property described in Exhibit "A"
contains fewer than 100 separate tracts of land on which one or more residential
dwellings are located on each tract; and
WHEREAS, this annexation is made pursuant to Subchapter C-1 of Chapter 43
of the Texas Local Government Code; and
WHEREAS, the Town Council has reviewed the Service Plan, a copy of which is
attached hereto and incorporated herein as Exhibit B, and such Service Plan was timely
provided at the public hearing; and
WHEREAS, the Town Council finds and determines that the Service Plan is
appropriate for the Property; and
WHEREAS, annexation proceedings were instituted for the Property described in
Exhibit "A" by the introduction of this Ordinance at the February 19, 2007 Town Council
meeting; and
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
That the above and foregoing findings and premises set forth above are true and
correct and are incorporated herein and made a part hereof for all purposes.
SECTION 2.
ANNEXATION I BOUNDARY MAP AMENDMENT
2.01 Annexation. The Property described in Exhibit "A" is hereby annexed to the
Town of Trophy Club, Denton County, Texas, and that the boundary limits of the Town
of Trophy Club, Texas be and the same are hereby extended to include the above
described territory within the Town limits of the Town of Trophy Club and the same shall
hereafter be included within the territorial limits of Trophy Club, an the inhabitants
thereof shall hereafter be entitled to all the rights and privileges of other citizens of the
Town of Trophy Club and they shall be bound by the acts, ordinances, resolutions, and
regulations of the Town of Trophy Club.
2.02 Map Amendment. The Town Manager or his designee is hereby authorized and
directed to amend the official boundary map of the Town of Trophy Club to include the
newly annexed Property described in Exhibit "A" and to reflect associated changes to
the extraterritorial boundaries of the Town.
SECTION 3.
SERVICE PLAN
The service plan, a copy of which is attached hereto and incorporated herein as
Exhibit "B" (the "Service Plan"), and which provides for the extension of municipal
services to the Property described in Exhibit "A", is approved as part of this Ordinance.
The Service Plan was made available for public inspection and explanation to the
inhabitants of the area being annexed at the public hearings for this annexation.
SECTION 4.
SAVINGS AND REPEALER
That this Ordinance shall be cumulative of all other Ordinances of the Town
affecting the Town's corporate boundaries and extraterritorial jurisdiction and shall not
repeal any of the provisions of such Ordinances except in those instances where
provisions of those Ordinances are in direct conflict with the provisions of this
Ordinance; whether such Ordinances are codified or uncodified, and all other provisions
of the Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with
the provisions of this Ordinance, shall remain in full force and effect.
SECTION 5.
SEVERABILITY
Should any part of this Ordinance be held illegal for any reason, the holding shall
not affect the remaining portion of this Ordinance and the Town Council hereby declares
it to be its purpose to annex to the town of Trophy Club all portions of the Property
lawfully annexed regardless of whether any other part of the Property described in
Exhibit "A" is declared not to be lawfully annexed into the Town. If any part of the
Property is already included within the Town limits of the Town of Trophy Club or within
the limits of any other city, town or village, or is not within the Town of Trophy Club's
jurisdiction to annex, the same is hereby excluded form the territory annexed as fully as
if the excluded area were expressly described in this Ordinance.
SECTION 6.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross
and enroll this Ordinance by copying the exact Caption and Effective Date clause in the
minutes of the Town Council of the Town of Trophy Club, by filing this Ordinance in the
Ordinance records of the Town, and performing all other necessary actions to give
effect to this Ordinance.
SECTION 7.
EFFECTIVE DATE
This Ordinance shall take effect from and after its date of passage in accordance
with law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this the 191h day of February, 2007.���Ci�
Mayor
Town of Trophy Club, Texas
ATTEST:
to (i G~1 o a-) Q�u.
Town Secretary
Town of Trophy Club, Texas
[SEAL] p O \
1�
Approved as to Form:
/ �C;l� mak( _14i�1�
Town Attorney
Town of Trophy Club, Texas
EXHIBIT "A"
PROPERTY DESCRIPTION
PROPERTY DESCRIPTION FOR ANNEXATION OF 20.929 ACRES SITUATED
IN THE MARY MEDLIN SURVEY, ABSTRACT NUMBER 832, DENTON
COUNTY, TEXAS
Being 20.929 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 Records, 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 follows:
BEGINNING at a re-entrant corner on an east line of the "West 1D' Strip
Deannexed to Trophy Club by Westlake' according to the instrument 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, 1,72=1.67 fee'. for corner,
(2) Thence NORTH, continuing along said east line, 1.38 feel 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 89"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 atoremenlioned Deannexation 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 property except those rights and interests implied or established by the
creation or reconfiguration of the boundary of the political subdivision for which it
vas prepared. I
Stephen H. Roberson, R.P.L.S. ,j 5 r
Texas Registration No. 4090
Date: / rc / 0 7 vS `.
EXHIBIT "B"
SERVICE PLAN
Town of Trophy Club Municipal 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 Sheriff's 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.
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BY. GEOA �IPRICE GENERAL P]HTNEA
COUNTY OF DENTON
DEFDAE AIE. me ande.agnee, n an,, Lots, m and TO, Ine Smre at Tefm, a
This day aeleannlly a"'aled George R. p"., A ... n 1. On ry be /I, Sa:fvn
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WITNF55 ma Intl and Leal al a//,[e IAIf ��11Lday ./ J, 2007.
N. -_ DAVID R CALOWELL
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1v1e OI Texas
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TOWN COUNCIL AND PLANNING AND ZONING COMMISSION APPROVAL
1,O:Aved: Jane JL_ 2007
TOWN OF TROPHY CLUB
DENTON COUNTY, TEXAS
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