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Home My WebLink About1999-383E ISHAEEOWEMOLWurO Rmem� 91 OMMAN®We ORDINANCE NO — i/✓ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING 46 21 ACRES OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, LOCATED AT THE SOUTHEAST CORNER OF NOWLIN ROAD AND ROBINSON ROAD IN THE COUNTY OF DENTON, TEXAS, APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY, PLACING THE PROPERTY IN A AGRICULTURAL (A) ZONING DISTRICT, PROVIDING A SEVERABILITY CLAUSE, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING AN EFFECTIVE DATE (A-91) WHEREAS, Dowdey Anderson & Associates, Inc, on behalf of Jerry Keith, Sandra Gail Kirby and Cynthia Gayle Barthold has petitioned for annexation of 46 21 acres of land to the City of Denton, Texas, and WHEREAS, the City of Denton on July 27, 1999, heard the petition and agreed to grant the petition for annexation of 46 21 acres of land, and WHEREAS, on August 11, 1999, the Planning and Zoning Commission recommended approval of the petition for annexation, and WHEREAS, public hearings were held in the Council Chambers on August 3, 1999, and August 17, 1999, (both days being on or after the 40"' day but before the 20s' 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 September 7, 1999, and WHEREAS, this ordinance has been published in full one time in the official newspaper of the City of Denton on September 19, 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 tlus ordinance P WVNWelN Wur OooupimYWNmmow\991A 91 OUMMCCtlo[ 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 immediately upon its passage and approval LL/ PASSED AND APPROVED this the day of �A� , 1999 JACK&IE1�ER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APMOVED AS TO LEGAL FORM HERBERT L PROUTY, CITY W, WWI' �mi I:V1w1 i7 rUm Page 2 EXHIBIT A (� a 46 21 ACRES FIELD NOTES to all that certain tract df land situated in the Berry Merchant Survey, Abstract #800, Denton County, Texas and being part of a called 80-% acre tract described in the deed from L H Head et al to Thomas T Kirby et ux recorded in Volume 382, Page 539, Deed Records, Denton County, Texas and all of a called 1973 acre tract described in the deed from Ava Joyce Kirby to Jerry Keith Kirby et ux recorded in Volume 1615, Page 51, Real Property Records, Denton County, Texas, the subject tract being more particularly described as follows BEGINNING for the Northwest corner of the herein described tract at a P K nail found in the intersection of Robinson Road and Nowlin Road for the Northwest corner of said 80-'/z acre tract and the Northeast corner of a called 84 786 acre tract described in the deed from Joe M Brooks and Marjone Lynn Brooks to Mel Wheeler et ux recorded in Volume 1054, Page 17, Deed Records, Denton County, Texas, THENCE S 89057'48" E , with Robinson Road and the North line of said 80-'/z acre tract distance of 95151 feet to a point for the Northeast comer of the herein described tract, THENCE S passing at 26 83 feet a %x" iron rod found in the occupied South line of Robinson Road and continuing along said course along and near a fence, in all, a total distance of 2216 88 feet to a''/s" iron rod found in the South line of said 80-'/z acre tract for the Southeast corner of the herein described tract, THENCE S 89046'39" W„ with the South line of said 80-%2 acre tract along and near a fence a distance of 862 87 feet to a'/2" iron rod found in Nowlin Road for the Southwest corner of the herein described tract, THENCE N 020I7'09" W , with said road a distance of 2222 61 feet to the PLACE OF BEGINNING and enclosing 46 21 acre of land more or less Fde/99.045/description EXHIBIT B ANNEXATION SERVICE PLAN CASE NUMBER A-91 (Kirby Tract) AREA 46 21 acres LOCATION Southeast corner of Nowlin Road and Robinson Road in the extraterritorial jurisdiction of the City of Denton, Texas Municipal services to the site described above shall be furmshed 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 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 91 AnneAudan Se"ke Plan dor ANNEXATION SERVICE PLAN (A-91) 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 I 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 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 4 91 Annoataan Service 111m Anc