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Home My WebLink About1999-262ORDINANCE NO W- 0 * A AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING 19 802 ACRES OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, LOCATED ON THE SOUTH SIDE OF EDWARDS ROAD, APPROXIMATELY 2,000 FEET WEST OF SWISHER ROAD IN THE COUNTY OF DENTON, TEXAS, APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY, PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE (A-86) WHEREAS, the City of Denton wishes to extend its city limits line to annex 19 802 acres of land described herein, and WHEREAS, on June 9, 1999, the Planning and Zoning Commission recommended approval of the petition for annexation, and WHEREAS, public hearings were held in the Council Chambers on April 20, 1999, and May 11, 1999, (both days being on or after the 40ih day but before the 20t' day before the date of the institution of the proceedings) to allow all interested persons to state their views and present evidence bearing upon this annexation, and WHEREAS, annexation proceedings were instituted for the property described herein by the introduction of this ordinance at a meeting of the City Council on June 1, 1999, and WHEREAS, this ordinance has been published in full one time in the official newspaper of the City of Denton on June 13, 1999, after annexation proceedings were instituted and 30 days prior to City Council taking final action, as required by City Charter, and WHEREAS, the City Council finds that the annexation will be in compliance with the 1988 Denton Development Plan, the 1998 Denton Plan Policies, and the 1999 Growth Management Strategies and Plan, NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the tract of land described in Exhibit "A", attached hereto and incorporated by reference, is annexed to the City of Denton, Texas SECTION II That the service plan attached as Exhibit "B", and incorporated by reference, which provides for the extension of municipal services to the annexed property, is approvedias part of this ordinance SECTION III 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 City Council hereby declares it to be its purpose to annex to the City of Denton all the real property described in Exhibit "A" regardless of whether any other part of the described property is hereby effectively Page 1 of 2 annexed to the City If any part of the real property annexed is already included within the city limits of the City of Denton or within the limits of any other city, town or village, or is not within the City of Denton's Jurisdiction to annex, the same is hereby excluded from the territory annexed as fully as if the excluded area were not expressly described in this ordinance SECTION IV That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of , 1999 JACK L R, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY Al H I' 1,/M )A N APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY r. -titer/ - / l Page 2 of 2 EXHIBIT A WHEREAS, ALAN LUBBERS is the owner of all that certain tract of land situated in the G Walker Survey Abstract Number 1330, Denton County, Texas and being all of the tolled 10 00 acre tract and all of the called 9 8C2 acre tract described in the deed from Doris Roe Cowort to Alan Lubbers recorded under Clerks File Number 96-R0069627 of the Real Property Records of Denton County, Texas, the subject tract being more particularly described as follows, BEGINNING for the Northeast correr of the tract being described herein, at a 1 2 inch iron rod found at the Northeast comer of the said 9 802 acre tract and the Northwest corner of a called 21 903 acre tract described in the deed from Dons Rae Cowart to David W Mason recorded under Clerks File Number 95- R008048- of the said Real Property Records in the center of Edwards Road, THENCE South 00 Degrees 21 Minutes 39 Seconds East along a wire fence with the West line of the said 21 903 acre tract and the East line of the 9 802 acre tract a distance of 1328 19 feet to a 1,12 inch iron rod found at the Southeast cnrner thereof 3 8 feet North of a fence corner post, THENCE South 89 Degrees 19 Minutes 14 Seconds West with the South line of the 9 802 acre tract passing a 1,12 inch rod found at the Southwest corner thereof and the Southeast cornea of the'said 1700 acre tract -and conflrruiriq,o,i with the South Irne of the 10 00 acre tract, in all, a total distance of 64618 feet to a 5/ F inch iron rod found at the Southwest corner thereof, THENCE North 00 Degrees 28 Minutes 41 Seconds West with the West line of the 1 C 00 acre tract o distance of 1336 22 feet to a 1 /2 inch von rod found at the Northwest collier thereof on the Snuth side of Edwards Road, 'HFNCE Sout� 89 Degrees 58 Minutes 09 Seconds East with the North line of the '0 00 acre tract oas9ihq a 1; 2 inch iron rod found at the Northeast corner thereof and the Northwest corner of the 9 802 acre tract and contiru,ng with the North line of the 9 802 acre tract, in all, a total distance of 648 92 feet to the POINT OF BEGINNING and enclosing 19 802 acres of land r 0 EXHIBIT B ANNEXATION SERVICE PLAN CASE NUMBER A-86 (Lubbers Addition) AREA 19 802 acres LOCATION On the south side of Edwards Road west of Swisher Road in Denton's extraterritorial junsdiction (ETJ) Municipal services to the site described above shall be furnished by or on behalf of the City of Denton, Texas, at the following levels and in accordance with the following schedule A. Police Protection Police service, including patrolling, response to calls, and other routine functions, will be provided to the property within sixty (60) days after the effective date of the annexation using existing personnel and equipment B. Fire Protection Fire protection (within the limits of existing hydrants) and emergency medical services will be provided to the property within sixty (60) days after the effective date of the annexation using existing personnel and equipment C. Solid Waste Collection 1 Solid waste collection service will be provided to the property within sixty (60) days after the effective date of the annexation using existing personnel and equipment D. Water/Wastewater Facilities Maintenance of water and wastewater facilities in the area to be annexed that are not within the service area of another water or wastewater utility will be begin within sixty (60) days after the effective date of the annexation using existing personnel and equipment E Roads and Streets Maintenance of roads and streets, including road and street lighting, in the area to be annexed will begin within sixty (60) days after the effective date of the annexation using existing personnel and equipment F Parks and Recreation Facilities 1 Maintenance of parks, playgrounds, swimming pools, and other recreational facilities in the area to be annexed will begin within sixty (60) days after the effective date of the annexation using existing personnel and equipment However, there are no existing parks, playgrounds, swimming pools, and other recreational facilities in the area I SO Iwipumon ti,rviu PhInIor4 v0 ANNEXATION SERVICE PLAN (A-86) Lubbers Addition G. Electric Facilities 1 Electric utility service will be provided within sixty (60) days after the effective date of the annexation using existing personnel and equipment H. Library Services 1 Library services will be provided within sixty (60) days after the effective date of the annexation using existing personnel and equipment I Code Enforcement, Building Inspect►ons and Consumer Health Services I Code enforcement, building inspections and consumer health services will be provided within sixty (60) days after the effective date of the annexation using existing personnel and equipment J Planning and Development Services 1 Planning and development services will be provided within sixty (60) days after the effective date of the annexation using existing personnel and equipment The Planning and Development Department currently provides services this property by way of administration of Chapter 34 of the Code of Ordinances, concerning subdivision and land development regulations K. Capital Improvements Program (CIP) The CIP of the city is prioritized according to the following guidelines (1) Provision of Capital Improvements as compared to other areas will be based on characteristics of topography, land utilization, population density, magnitude of problems as related to comparable areas, established technical standards and professional studies (2) The overall cost effectiveness of providing a specific facility or improvement The annexed area will be considered for CIP improvements in the upcoming CIP plan This property will be considered according to the established guidelines 11(, Ina,.oiwn S.rvice Plan for 4 )O 49 don