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OR 93-623 Inclusion of area receiving longstanding treatment as a part of the City AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 93623 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, DECLARING AN AREA RECEIVING LONGSTANDING TREATMENT AS A PART OF THE MUNICIPALITY; PROVIDING A SEVERABILITY CLAUSE AND DECLARING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: Sec. No. 1: The City Council of the City of Coppell, Texas, hereby finds that the area of land described in Exhibit "A" and shown on the plat attached hereto as Exhibit "B", ("the area") meets all the requirements of V.T.C.A., Local Government Code §41.003, Subsection (b), to wit: That on the effective date of this Ordinance: 1. The records of the City of Coppell indicate that the area has been a part of the City of Coppell for at least the preceding twenty (20) years; 2. The City of Coppell has provided municipal services, including police protection, to the area and has otherwise treated the area as a part of the municipality during the preceding twenty (20) years; 3. That there has not been a final judicial determination during the preceding twenty years that the area is outside the boundaries of the City of Coppell, Texas; and 4. There is no pending lawsuit that challenges the inclusion of the area as a part of the City of Coppell, Texas. ORDINANCE - Page - 1 .~GG04931 Sec. No. 2: The City Council of the City of Coppell, Texas, further finds that the City of Coppell began its continuous treatment of "the area" as a pan of the City of Coppell, Texas, on August 25, 1960, and that on said date the area was adjacent to the land comprising the original incorporation of the City of Coppell, Texas, on December 19. 1955. Sec. No. 3: That pursuant to V.T.C.A., Local Government Code §41.003, "the area" shall be considered to be a part of the corporate limits of the City of CoppelL Texas, retroactive to August 25, 1960, the date on which the City of Coppell began its continuous treatment of "the area" as a part of the City of Coppetl, Texas, and such a date shall be used for relevant purposes, including a determination of whether "the area" which is alleged by the City of Coppell to have been annexed on August 25, 1960, was adjacent to the City of Coppell at the time of the purported annexation. Sec. No. 4: That pursuant to V.T.C.A., Local Government Code §41.003, the adoption of this Ordinance creates an irrebuttable presumption that the area is a part of the City of Coppell, Texas, for all purposes which said presumption may not be contested/br any cause after the effective date of this Ordinance. Sec. No. 5: Exhibit "A" attached hereto is made a part of this ordinance tbr all purposes as if copied herein verbatim. Exhibit "B" attached hereto is made a part of this ordinance for all purposes as if copied herein in full. Sec. No. 6: That should any word, phrase, paragraph, section or portion of this ordinance or of the Code of Ordinances, as amended hereby, be held to be w}id or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or of the Code of Ordinances, as amended, hereby, which shall remain in full force and eftbct. ORDINANCE - Page - 2 Sec. No. 7: This Ordinance shall become eft~ctive immediately upon its passage as the law in such cases provides. DULY ADOPTED this the ~;~.~ :~r/'day of September, 1993. APPROVED: Mayor ATTEST: C~t S ,/q · 7y ecretary ,4-,~ T'- APPROVED AS TO FORM: ORDINANCE - Page - 3 EXHIBIT "A" Description of land referred to as "The Area" in the foregoing ordinance: Being a tract of land lying in the northwest portion of Dallas County, Texas, and more particula~y described as follows: Beginning at a point located at the intersection of the centerline of the east-west section of what is now known as Coppell Road and the east right-of-way line of State Highway No. 121, said point also being the intersection of said east right-of- way line of State Highway No. 121 and the north line of the Cousy Survey, sometimes called the Couse_y Survey. Abstract 317, Dallas County, Texas, if extended east across said State Highway: Thence west crossing State Highway 121 to a point for corner in the west right-of-way line of said State Highway No. 121. where such right-of-way line was located on August 25, 1960: Thence southwest with said west right-of-way line of State Highway No. 121 to its intersection with the Dallas-Tarrant County Line: Thence south, crossing State Highway No. 121, with the Dallas-Tan'ant County Line to the centerline of Cotton Road: Thence east with the centerline of Cotton Road to a point in the west line of the City of Coppell's original area of incorporation as reflected by Order of County Judge of Dallas County. Texas, filed of record on the 19th day of December, 1955. and duly recorded on the 281h day of December, 1955, in Volume 4404, Page 147 of the Deed Records of Dallas County, Texas. Said west line of said original incorporation being 5,280 feet west of the centerline of Belt Line Road, as said centerline and said roadway was located at the time of Coppell's original incorporation, said portion of Belt Line Road being then known and referred to as "New Belt Line" Road; Thence noah along said west line of Coppell's original incorporation and parallel to said centerline of said Belt Line Road, continuing noah past the northwest corner of Coppell's original incorporation to a point for corner being the intersection of the noah right-of-way line of Thweat Road, as extended to the east and the east right-of-way line of the north-south section of Coppell Road: EXHIBIT "A" - Page 1 Thence south and southeast with the north-east right-of-way of Coppell Road to a point in the north bank of Cottonwood Creek: Thence northeasterly with the north bank of Cottonwood Creek to its intersection with the centerline of the roadway now known as Denton Tap Road: Thence north with the centerline of Denton Tap Road to a point for comer, said point being the intersection of the centerline of said Denton Tap Road and a line extending the centerline of the above mentioned east-west section of Coppell Road in an easterly direction. Said extension line also being a line that would extend the north line of said Cousy Survey, Abstract 317, in an easterly direction to said point tier corner: Thence west along said extension line of said Cousy Survey and the east-west section of Coppell Road, passing over said centerline of the east-west section of Coppell Road to the place of beginning. EXHIBIT "A" - Page 2