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94-09 O - Annexation Ordinance – J. Tunney Survey iIn CITY OF PROSPER, TEXAS ORDINANCE NO . 94- 09 0 AN ORDINANCE ANNEXING THE HEREINAFTER DESCRIBED 0 TERRITORY TO THE CITY OF PROSPER , TEXAS , AND EXTENDING THE BOUNDARY LIMITS OF SAID CITY SO AS TO INCLUDE SAID HEREINAFTER DESCRIBED PRO- 4 PERTY WITHIN THE CITY LIMITS , AND GRANTING TO �11 SAID TERRITORY AND TO ALL FUTURE INHABITANTS OF SAID PROPERTY ALL OF THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING SAID FUTURE INHAB- ITANTS BY ALL OF THE ACTS AND ORDINANCES OF SAID CITY . WHEREAS, a petition has been duly signed and acknowledged by each and every person or corporation having an interest in the territory proposed to be annexed; WHEREAS, said petition was presented to the governing body and approved such petition not less than five (5) and not more than thirty (30) days; WHEREAS, said tract of land is contiguous to the City and is not more than one-half ( ) miles in width, and on which fewer than (3) qualified voters reside; WHEREAS, the City has prepared a service plan for said tract which is attached as exhibit "A" to this ordinance; WHEREAS, the City has published notice of hearings on said annexation and held hearings as required by state law, and; WHEREAS, after hearing such petition and the arguments for and against the same, the governing body has voted to grant petition and to annex said territory into the City. NOW :-THEREFORE , BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF PROSPER, TEXAS : SECTION 1 : That the following described territory is hereby annexed into the city, and the boundry limits to the City are hereby extended to include the said territory within the city limits of the City, and said land and the future inhabitants thereof shall hereafter be entitled to all rights and privileges of other citizens of the City and shall be bound by the acts and ordinances of said City. SITUATED in the John R. Tunney Survey, Abstract No. 916 in Collin County, Texas and being part of a 148.826 Acre tract of land that was conveyed to Marie Garrison in Deed recorded in Volumn 3408, Page 222 of the Land Records of Collin County, Texas being more particularly described by metes and bounds to-wit: • • BEGINNING at an iron Pin found being the Northeast corner of said tract; THENCE South 0 deg. 02 min. 48 sec. West with the East line of said tract 1032.31 feet to an iron Pin found; THENCE South 0 deg. 02 min. 16 sec. East with said East line 605.5 feet to an iron Pin found; •THENCE South 89 deg. 56 min 49 sec. West with the North line of a 15 Acre tract 1082.79 feet to an iron Pin found; THENCE North 0 deg. 15 min. 48 sec. East with a fence 911 .66 feet to a Pipe Post; THENCE North 1 deg. 35 min East with said fence 727.44 feet to an Iron Pin set in the North line of said 148.024 Acre tract, same being the centerline of County Road 48; THENCE East with said road 1058.94 feet to the place of beginning, con- taining 40.44 Acres. SECTION 2: That the municipal service plan for the herein annexed territory provided for in Exhibit "A" attached hereto is hereby adopted. SECTION 3: That the city secretary is hereby directed to file with the county clerk and other appropriate officials and agencies, as required by state and federal law y.and:.city=_annexation procedures, certified copies of this ordinance. PASSED by an affirmative vote of the Governing Body of the City of Prosper , this 9th day of AUGUST , 1994 . APPROVED : AY() ATTEST : CI Y SECR�A` r • • 11, EXI IIBIT"A" CITY OF PROSPER , TEXAS ANNEXATION SERVICE PLAN AREA ANNEXED 40 .44 ACRES , JOHN R. TUNNEY SURVEY , ABST . 916 INTRODUCTION This service plan has been prepared in accordance with V.T.C.A., Local Government Code, Section 43.056. Municipal facilities and services to the annexed area described above will be provided or made available on behalf of the city at the following levels and in accordance with the following schedule: POLICE PROTECTION Patrolling, responses to calls, and other police services will be provided within sixty (60) days after the effective date of the annexation at the same level as provided throughout the city. - FIRE PROTECTION AND FIRE PREVENTION Fire protection and fire prevention services will be provided within sixty (60) days after the effective date of the annexation at the same level as provided throughout the city. EMERGENCY MEDICAL SERVICES Emergency medical services will be provided within sixty (60) days after the effective date of the annexation on the same basis and at the same level as provided throughout the city. SOLID WASTE COLLECTION AND DISPOSAL Solid waste collection and disposal services will be provided within sixty (60) days after the effective date of the annexation on the same basis and at the same level as provided throughout the city. MAINTENANCE OF WATER AND WASTEWATER FACILITIES THAT ARE NOT WITHIN THE SERVICE AREA OF ANOTHER WATER OR WASTEWATER UTILITY Maintenance of water and wastewater facilities that are not within the service area of another water or wastewater utility will be provided within sixty (60) days after the effective date of the annexation on the same basis and at the same level as provided throughout the city. • Governmental Service Agency, Inc. 2-9 Annexation Procedures Manual MAINTENANCE OF ROADS AND STREETS AND DRAINAGE Maintenance of roads and streets and drainage will be provided within sixty (60)days after the effective date of the annexation on the same basis and at the same level as provided throughout the city. STREET LIGHTING Street lighting will be made available within sixty (60) days after the effective date of the annexation on the same basis and at the same level as provided throughout the city. MAINTENANCE OF CITY PARK AND RECREATION FACILITIES If any city park and recreation facilities are located within the annexed area, they will be maintained within sixty (60) days after the effective date of the annexation on the same basis and at the same level as similar facilities are maintained throughout the city. OTHER SERVICES Other services that may be provided by the city such as planning, code enforcement, animal control, library,park and recreation, court, and general administration will be made available within sixty (60) days after the effective date of the annexation on the same basis and at the same level as provided throughout the city. CAPITAL IMPROVEMENTS Construction of water, sewer, street, and drainage facilities will begin within two (2) years after submission of written request by landowners and payment of any development fees and construction costs required by the city in accordance with subdivision regulations and water and sewer extension policies. Construction will be completed within four and one- half (4-1/2) years after request unless the construction process is interrupted by circumstances beyond the control of the city. No impact fees will be charged to any developer or landowner within the annexed area except in conformity with V.T.C.A., Local Government Code, ch. 395. Construction of other capital improvements shall be considered by the city in the future as the needs dictate on the same basis as such capital improvements are considered throughout the city. UNIFORM LEVEL OF SERVICES MAY NOT BE REQUIRED Nothing iri this plan shall require the city to provide a uniform level of full municipal services to each area of the city, including the annexed area, if different characteristics of topography, land' use, and population density are considered a sufficient basis for providing different levels:'of service. TERM This service plan shall be valid for a term of ten (10) years. AMENDMENTS The plan shall not be amended unless public hearings are held in accordance with V.T.C.A., Local Government Code, Section 43.052. • Governmental Service Agency, Inc. 2-10 Annexation Procedures Manual 41 RETURN TO : CITY OF PROSPER P . O . BOX 307 PROSPER, TEXAS 75078 I DE6ULTUSM1 OR A Al 6CRBg R PROPER BECAUSE COLOR R�EIS NU UNENFORCIARLE UNOFR FEDERAL LAW COUNTY Of COLLIN) EiN!STATE Of VA% RECOUP, oma on tinny Bats andmthe MI6 i,sttemvid n roon by n ECalm d no duty ty RE.T on the ONIclEl PuhUS Records at Rut Prouty m on SEP 12 1994 `a - citua../ COUNTY CLERK.GOWN COUNTY.TEXAS "* • Filed for Record in: , COLLIN COUNTY TX HONORABLE HELEN STARNES On 1994/09/12 At 2:02P Nurnberg 94- 0083965 Type o DR 17.00 •