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HomeMy WebLinkAbout1997-130ORDINANCE NO q 1-I3 O AN ORDINANCE OF THE CITY OF DENTON, TEXAS ANNEXING A TRACT COMPRISING 286 57 ACRES, LOCATED NORTH OF BRUSH CREEK ROAD AND EAST OF US HIGHWAY 377, 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 286 57 acre tract as described in exhibit `A', and WHEREAS, public hearings were held in the Council Chambers on February 18, 1997, and March 4, 1997, (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 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 March 25, 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 temporary 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 c 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 SSECTION 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 $2000 00 Each day that a provision of tlus ordinance is violated shall constitute a separate and distinct offense SECTION VII That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance 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 04-t�' day of , 1997 JACLWLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY 0 H., APPROVED AS TO LEGAL FORM HERBERT L PROUTY.CITY ATTORNEY PAGE 2 "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 James Severe Survey, Abstract Number 1164 and being a portion of that 304 995 acre tract of land described by deed to NIXTX Properties, Ltd., recorded in Volume 3114, Page 731 of the Real Property Records of (Denton County, Texas and being part of a 5 acre tract conveyed to W D Gaston by deed recorded in Volume 596, Page 682 of the Deed Records of Denton County, Texas and being more particularly described as follows BEGINNING at a point in the present Denton city limits as established by Ordinance 69-40 (Tract III), said point lying 500 feet southeasterly of and perpendicular to the centerline of U S. Highway 377 (Fort Worth Drive) and said point lying approximately 2,230 feet south of the north line of the James Severe Survey, Abstract Number 1164 and said point lying on a south line of said 304 995 acre tract, THENCE North 270 49' 14" East 500 feet parallel to and southeasterly of the centerline of U S. Highway 377 (Fort Worth Drive) along said existing Denton city limits line (Ordinance 69-40 (Tract III)) a distance of 1,584 93 feet to the beginning of a curve to the right whose radius point bears South 62° 10' 46" East a distance of 3,319 80 feet, and whose central angle is 130 57' 40", THENCE northeasterly along the arc of said curve 500 feet parallel to and southeasterly of the centerline of U S Highway 377 (Fort Worth Drive) along said existing Denton city limits line (Ordinance 69-40 (Tract III)) a distance of 808 93 feet to a point for corner, said point being the southeast corner of a 2 5 acre tract disannexed by the City of Denton by Ordinance 80-1 (Tract One) and said point lying on a north line of said 304.995 acre tract, THENCE North 880 34' 45" East departing said Denton city limits line continuing along the boundaries of said 304.995 acre tract a distance of 1,171 23 feet to a point for corner, THENCE North 05° 47' 49" East a distance of 193 72 feet to a point for corner, THENCEiNorth 880 38' 45" East a distance of 1,240 69 feet to a point for corner, said point being the northeast corner of the James Severe Survey, Abstract Number 1164, THENCE South 00° 47' 13" East a distance of 4,847 75 feet to a point for corner, THENCE with the meanders of the Graveyard Branch creek the following 17 calls - (I.) South 86° 47' 00" West a distance of 47 26 feet to a point for corner, (2) North 28° 28' 00" West a distance of 122 60 feet to a point for corner, (3) North 43° 43' 00" West a distance of 98 90 feet to a point for corner, (4) North 23° 56' 00" West a distance of 175 20 feet to a point for corner, (5) North 700 49' 00" West a distance of 64 00 feet to a point for corner, (6) South 66° 40' 00" West a distance of 87 10 feet to a point for corner, (7) South 44' 51' 00" West a distance of 139.40 feet to a point for corner, (8) South 65° IT 00" West a distance of 223 20 feet to a point for corner, (9) South 570 2 P 00" West a distance of 124 60 feet to a point for corner, (10) South 50' 28' 00" West a distance of 223 90 feet to a point for corner, (11) South 550 10' 00" West a distance of 109 80 feet to a point for corner, (12) South 780 59' 00" West a distance of 72 80 feet to a point for corner; (13) North 370 46' 00" West a distance of 102 40 feet to a point for corner, (14) North 41° 59 00" West a distance of 73 40 feet to a point for corner, (15) North 510 58' 00" West a distance of 86 60 feet to a point for corner, (16) North 73° 5 F 00" West a distance of 202 40 feet to a point for corner, (17) North 750 25' 00" West a distance of 17 11 feet to a point for corner, THENCE South 00° 00' 44" West a distance of 467 83 feet to a point for corner, said point lying on the north right-of-way line of Brush Creek Road; THENCE West along the north right-of-way line of Brush Creek Road a distance of 723 25 feet to a point for corner; THENCE North 00° 08' 54" West a distance of 2,888 09 feet to a point for corner, said point being the northeast corner of a 5 639 acre tract conveyed to M D Jones by deed dated September 8, 1972 and recorded with clerk's file number 15833 in the Deed Records of Denton County, Texas, THENCE North 890 18' 47" West a distance of 1,450 36 feet to the POINT OF BEGINNING and containing 286 57 acres of land anneA wpd 1 31 97 EXHIBIT "B" SERVICE PLAN CASE #. A-75 AREA 286.57 acres LOCATION North of Brush Creek Road and East of HWY 377 Municipal services to the site described above shall be furnished by or on behalf of the the City of Denton, Texas, at the following levels and in accordance with the following schedule 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 B. Fire prof gliQu and Emergency Medical Services (EMS) 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 mans or other necessary facilities are installed by the developer, the developer shall be entitled to reimbursement of the cost of such facilities from pro -rats charges paid by persons connecting to or using such facilities to serve their property, according to the Subdivision and Land Development Regulations 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. 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. E. Streets and Roads 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 1. 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 effective date of the annexation. Existing personnel will be used to provide these services. 3 The C►ty'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 G Planning and Development Services 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 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 I. 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. J Miscellaneous 3 I 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 polices now used in the City. The CIP of the City is prioritized by such policy guidelines as• 1. 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.