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Home My WebLink About1999-347\\CH LGL\VOLT\SHARED\DEPTLGL\Our Documents\Ordinances\99\A 89 doc ORDINANCE NO y q- 35` q AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING 167 477 ACRES OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, LOCATED BETWEEN NOWLIN ROAD, F M 2181 (TEASLEY LANE) AND ROBINSON 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-89) WHEREAS, Wheeler Ranch, LTD, has petitioned for the annexation of 167 477 acres of land described herein, and WHEREAS, the City of Denton on June 22,1999, heard the petition and agreed to grant the petition for annexation of 167 477 acres of land, and WHEREAS, on July 28, 1999 the Planning and Zoning Commission recommended approval of the petition for annexation, and WHEREAS, public hearings were held in the Council Chambers on July 20, 1999, and July 27, 1999, (both days being on or after the 40th day but before the 20th 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 August 17, 1999, and WHEREAS, this ordinance has been published in full one time in the official newspaper of the City of Denton on August 21, 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 1 That the tract of land described in Exhibit "A", attached hereto and incorporated by reference, is annexed to the City of Denton, Texas SECTION 2 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 approved as part of this ordinance \\CH LGL\VOLI\shared\dept\LGL\Our Documents\0rdinances\99\A 89 doe SECTION-3 _ 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 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 4 That this ordinance shall become effective fourteen (14) days from the date of its final passage 7 PASSED AND APPROVED this the st day of n )onm / , 1999 5;;�� .� JAC LER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 2 EXHIBIT A FIELD NOTES BEING a 167 477' acre tract of land situated in the B Merchant Survey, Abstract No 800, Denton County, Texas and being all of the following four tracts of land described in deed to Mel & Vmny Wheeler recorded in Volume 1548, Page 17, Mel & Vinny R Wheeler recorded in Volume 904, Page 844, Mel & Vinny R Wheeler recorded in Volume 973, Page 270 and Mel Wheeler, et ux recorded in Volume 1054, Page 17, of the Deed Records of Denton County, Texas (D R D C T ) said 167 477 acre tract being more particularly described by metes and bounds as follows BEGINNING at a''/2" iron rod found for the southwest corner of the said Mel & Vinny R Wheeler tract recorded in Volume 973, Page 270 (D R D C T ) and being on the east nght-of-way line of F M 2181 — Teasley Lane (90 ROW) recorded in Volume 400, Page 274 (D R D C T ), THENCE N 02007'00" W , along the said east right-of-way line, passing a `/2" iron pipe found for the northwest corner of the said Mel & Vinny R Wheeler tract recorded in Volume 973, Page 270 (D R D C T ) at a distance of 1420 88 feet, continuing a total distance of 2967 67 feet to a PK nail set for the northwest corner of the said Mel & Vinny Wheeler tract recorded in Volume 1548, Page 17 (D R D C T ) and being in Robinson Road a variable width right-of-way as recorded in Cabinet C, Page 193, THENCE S 89008'42" E , generally along the centerline of the said Robinson Road, a distance of 1217 27 feet to a PK nail set for the northwest comer of the said Mel Wheeler, et ux tract, THENCE S 89019'54" E , continuing generally along said centerlme and along the north line of the said Mel Wheeler, et ux tract, a distance of 1278 68 feet to a PK nail set for the northeast corner of the said Mel Wheeler, et ux tract, THENCE along the east line of the said Mel Wheeler, et ux tract the following two (2) calls S 01 °35' 15" E , a distance of 2222 17 feet to a'/2" iron rod found for the northwest comer of that certain tract of land described in deed to Pulte Homes of Texas L P as recorded in Volume 4134, Page 00094 (D R D C T ) and being the southwest corner of that certain tract of land described in deed to T.T & Ava Joyce Kirby described in deed according to Volume 382, Page 539 (D R D C;T.), S 01 °52' 30" E , a distance of 700 91 feet to a 5/8" iron rod capped "Carter & Burgess" set for the southeast corner of the said Mel Wheeler, et ux tract from which a '/2" pipe found bears N 56°55'22" E , a distance of 107 feet and being m Nowlin Road, THENCE generally along the centerline of the said Nowlin Road the following two (2) calls N 89059' 14" W , a distance of 1240 01 feet to a'/2" iron rod found, S 89029' 18" W, a distance of 1230 65 feet to the point of beginning, with a computed area of 167 477 acres of land more or less with 4 037 acres being in the road FII08.004/field notes EXHIBIT B ANNEXATION SERVICE PLAN CASE NUMBER A-89 (Wheeler Ridge) AREA 167 477 acres LOCATION Between Nolm Road, F M 2181 (Teasley Lane and Robinson Road in the extratemtonal junsdiction of the City of Denton, Texas 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 1 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 1 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 1 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 1 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 4 89 Anneaaiian Service Plan dar ANNEXATION SERVICE PLAN (A-89) Wheeler Ridge 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 Inspections and Consumer Health Services 1 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 thus 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 4 89 AnaeaaBon Servke Plan rho( OEM NORTH V 4rP�V• �w�w