HomeMy WebLinkAbout1997-051a74ord wpd
NO ( I-0,51
AN ORDINANCE OF THE CITY OF DENTON, TEXAS ANNEXING A TRACT
COMPRISING 11 24 ACRES, LOCATED SOUTH OF ROBINSON ROAD AND EAST OF
NOWLIN ROAD, TEMPORARILY CLASSIFYING THE ANNEXED PROPERTY AS "A",
AGRICULTURAL DISTRICT, PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND DECLARING AN
EFFECTIVE DATE
WHEREAS, the City of Denton wishes to extend its City limits
line to include the 11 24 acre tract as described in exhibit "A",
and
WHEREAS, public hearings were held in the Council Chambers on
December 3, 1996, and December 17, 1996, (both days being on or
after the 40th day but before the 20th day before the date of
institution of the proceedings) to allow all interested persons to
state 1 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 January 7, 1997, and
WHEREAS, this ordinance has been published in full one time in
the official newspaper of the City of Denton after annexation
proceedings were instituted and 30 days prior to City Council
taking final action, as required by City Charter, 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 approved as part of
this ordinance
SECTION III That, pursuant to §35-15 (a) of the Code of
Ordinances of the City of Denton, Texas, the annexed property is
temporarily classified as "A", agricultural district, until
permanent zoning is established by the city council
SECTION IV That the City's official zoning map is amended to
show the to emporary "A" agricultural district classification of the
property annexed
SECTION V 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 expressly
described in this ordinance
SECTION VI That any person violating any provision of this
ordinance relating to the Temporary "A" Agricultural District
shall, upon conviction, be fined a sum not exceeding $2,000 00
Each day that a provision of this ordinance is violated shall
constitute a separate and distinct offense
SECTION VII That this ordinance shall become effective Thirty
(30) days from the date of its final passage and publication, and
the City Secretary is hereby directed to cause the entire ordinance
to be published once and the descriptive caption to be published
twice in the Denton Record Chronicle, the official newspaper of the
City of Denton, Texas, within ten (10) days of the date of its
passage �,�,(
PASSED AND APPROVED this the {�J--- day of 1997
Jry
MILLER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
By J
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
"EXHIBIT A"
ALL that certain lot, tract or parcel of land lying and being situated in the County of
Denton, State of Texas, being part of the Berry Merchant Survey, Abstract Number
800 and being a portion of that 441.7629 acre tract of land described by deed to
Oakmont Canadian Land Partners, Ltd , as recorded in Denton County Clerk's File
Number 94-R0003975 of the Real Property Records of Denton County, Texas and
being more particularly described as follows -
COMMENCING at a point for the southwest corner of Robinson Road (80' ROW)
dedicated to the City of Corinth, Denton County, Texas by plat recorded in Cabinet
E, Slide 278 Hof the Plat Records of Denton County, Texas and the most easterly
northwest corner of the before mentioned 441 7629 acre tract,
THENCE South 03° 39' 46" West with a west line of said 441 7629 acre tract a
distance of 1275 48 feet to a point for corner,
THENCE South 03° 05' 30" West with a west line of said 441 7629 acre tract a
distance of 176 33 feet to a point for corner, said point lying on the Denton -Corinth
Agreement line and said point lying on the present Denton City limit line
established by Ordinance 74-46;
THENCE North 86° 55' 29" West a distance of 10 feet to the POINT OF
BEGINNING, said point lying on the present Denton City linut line established by
Ordinance 78-28, Exhibit "C",
THENCE South 030 44' 15" West along said present Denton City limit line
(Ordinance 78-28, Exhibit "C") a distance of 719 41 feet to a point for corner, said
point also being the most northerly northeast corner of a tract annexed by the City
of Denton by Ordinance 85-30,
THENCE North 86° 55' 29" West along the north line of said annexation (Ordinance
85-30) a distance of 680 54 feet to a point for corner,
THENCE North 030 44' 15" West with a westerly line of the said 441 7629 acre tract
a distance of 719 41 feet to a point for corner,
THENCE South 86° 55' 29" East with a northerly line of said 441 7629 acre tract a
distance of 680 54 feet to the POINT OF BEGINNING and containing 11 24 acres of
land
annex3 wpd 11 14.96
Exhibit "B"
SERVICE PLAN (A- 74 )
CASE #. A-74
AREA- 11.24 acres
LOCATION: South of Robinson Road and East of Nowlin Road
B Police Services
1. Patrolling, response to calls, and other routine services will be provided on
the effective date of the annexation, using existing personnel and equipment
2 Upon ultimate development of the area, the same level of police services will
be provided to this area as are furnished to comparable areas within the
City.
1. Fire protection and emergency medical services by the present personnel and
present equipment, within the limitations of available water and distances
from existing fire stations, will be provided to this area on the effective date
of the annexation
2. Upon ultimate development of the area, the same level of fire and emergency
ambulance services will be provided to this area as are furnished to
comparable areas within the City
Water and wastewater services will be extended to the property in accordance to
the City's master utility plan and Section 34-118 of the Denton Code of
Ordinances
Developers shall pay the actual cost of all water and sewer main extensions, lift
stations and other necessary facilities required to serve their development in
accordance with the City's master utility plan and the Subdivision and Land
Development Regulations.
The City may participate in the cost to oversize water and sewer mains subject
to fund availability and approval of the City Council
Where water or sewer main extensions, lift stations, force mains or other
necessary facilities are installed by the developer, the developer shall be entitled
to reimbursement of the cost of such facilities from pro-rata charges paid by
persons connecting to or using such facilities to serve their property, according
to the Subdivision and Land Development Regulations
II i , A,ma
1. Solid waste collection will be provided to the property at the same level of
service as available to comparable areas within the City, within 60 days of
the effective date of annexation
2. As development and construction commence within this property, and
population density increases to the proper level, solid waste collection shall
be provided to this property in accordance with then current policies of the
City as to frequency, charges and so forth
1. The City of Denton's existing policies with regard to street maintenance,
applicable throughout the entire City, shall apply to this property beginning
with the effective date of the annexation
2. Routine maintenance of streets and roads will begin in the annexed area on
the effective date of annexation using the standards and level of service as
currently applied to comparable areas of the City.
3. Reconstruction and resurfacing of streets, installation of storm drainage
facilities, construction of curb cuts and gutters, and other such major
improvements, as the need therefore is determined by the City Council or
Manager, will be accomplished under the established policies of the City
4 Traffic signals, signage and other traffic control devices will be installed as
the need therefor is established by appropriate study and traffic standards.
5. Street and road lighting will be installed in the substantially developed areas
in accordance with the established policies of the City
F Environmental Health and Code Enforcement Services
Enforcement of the City's environmental health ordinances and regulations
including, but not limited to the grass and weed ordinance, garbage and
trash ordinance, junked vehicle ordinance, sign ordinance, food handler
ordinance, animal control ordinance, and the tree preservation ordinance
shall be provided within this area on the effective date of the annexation.
These ordinances and regulations will be enforced through the use of existing
personnel.
2 Building, plumbing, electrical, gas, and all other construction codes, as may
be adopted by the City, will be enforced within this area beginning with the
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effective date of the annexation Existing personnel will be used to provide
these services
3 The City's zoning, subdivision and other ordinances shall be enforced in this
area beginning on the effective date of the annexation
4. All inspection services provided by the City of Denton, but not mentioned
above, will be provided to this area beginning on the effective date of the
annexation. Existing personnel will be used to provide these services.
5. Flood damage mitigation will be provided by existing codes and ordinances
of the City as of the effective date of the annexation
6. As development and construction commence within this area, sufficient
personnel will be provided to furnish this area with the same level of
environmental health and code enforcement services as are furnished to
comparable areas within the City.
The zoning jurisdiction of the City will extend to the annexed area on the
effective date of annexation The tract is to be temporarily zoned Agriculture
(A) zoning district classification at the time of annexation
I. Parks and Recreation Services
Residents of the newly annexed area may use all recreation facilities, including
parks and swimming pools throughout the City, on the effective date of the
annexation The same standards and policies now used within the City will be
followed in the maintenance of parks, playgrounds and swimming pools
J Electrical Distribution
Electrical power will be made available to the site as required, at the same level
of service currently being provided to comparable areas within the City.
1 Street names and signs will be installed, if required, approximately six (6)
months after the effective date of annexation
2 Residents of the newly annexed area may use all publicly owned facilities,
buildings or services within the city on the effective date of the annexation. All
publicly owned facilities, buildings or services will be maintained in accordance
with established standards and policies now used in the City
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L. Capital Improvements Program (CM
The CIP of the City is prioritized by such policy guidelines as
Demand for services 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 service
The annexed area will be considered for CIP improvements in the upcoming
CIP plan. This tract will be considered according to the same established
criteria as all other areas of the City
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