HomeMy WebLinkAbout1996-070a7lamex ord
NO %—o70
AN ORDINANCE OF THE CITY OF DENTON, TEXAS ANNEXING A TRACT
COMPRISING 34 78 ACRES, LOCATED IN THE CLEAR ZONE SOUTH OF THE
EXISTING RUNWAY IN THE VICINITY OF THE DENTON MUNICIPAL AIRPORT,
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 34 78 acre tract as described in exhibit "A",
and
WHEREAS, public hearings were held in the Council Chambers
on January 2, 1996, and January 16, 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 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 February 6, 1996, 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
within the limits of any other city, town or village, or is not
within the City of Denton's ]urisdiction 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 shall, upon conviction, be fined a sum not exceeding
$2000 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
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 IV, day of lVgA..,4, , 1996
ATTEST
JENNIFER WALTERS, CITY SECRETARY
F-19
A6 TO LEGAL FORM
L PROUTY, CITY ATTORNEY
V,
ALL that certain lot, tract, or parcel of land situated in Denton County,
State of Texas in the I. Hembrie Survey, Abstract No 594, J. McDonald
Survey, Abstract No. 873, W. Neil Survey, Abstract 970, and the J
Rjelberg Survey, Abstract 1610 and being all of a tract shown by deed to
the City of Denton, Texas recorded as 94-R0071013, Real Property Records,
Denton County, Texas and being part of a tract shown by deed to the City
of Denton, Texas recorded in Volume 871, Page 137, (Tract Two) Deed
Records, Denton County, Texas and being more particularly described as
follows:
BEGINNING at the southeast corner of said "Tract Two" to the City of
Denton recorded in Volume 871, Page 137, D R.D.C.T., said point also
being an inner ell corner of the existing Denton city limit line as
described in Ordinance 79-76, Tract I;
THENCE South 06" 49' 38" East a distance of 1010 04 feet to a point for
a corner, said point being the southeast corner of said City of Denton
tract 94-R0071013;
THENCE North 88° 33' 24" West a distance of 1500.0 feet to a point for a
corner, said point being the southwest corner of said City of Denton
tract 94-R0071013;
THENCE North 090 41' 20" East a distance of 1010 88 feet to a point for
a corner, said point being the northwest corner of said City of Denton
tract 94-R0071013 and also being the southwest corner of said City of
Denton tract V. 871, P. 137, Tract Two;
THENCE North 01° 26' 36" East along the west line of said City of Denton
tract V.871, P. 137, Tract Two, a distance of 464.39 feet to a point for
a corner, said point lying on the existing Denton city limit line as
described in Ordinance 69-40 and Ordinance 79-76, Tract II,
THENCE South 54° 35, East along the existing Denton city limit line, as
established by Ordinance 69-40, a distance of 831 91 feet to a point for
a corner, said point being the most westerly northwest corner of Tract I,
Ordinance 79-76;
THENCE South 880 31' East along the existing Denton city limit line, as
established by Ordinance 79-76, Tract I, a distance of 520 12 feet to the
POINT OF BEGINNING and containing 34 78 acres of land
10-20-95
AEE004CE
CASE #: A-71
AREA: 34.78 acres
LOCATION• In the clear zone south of the existing runway in the vicinity of
the Denton Municipal Airport.
A.
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
M s ,; r
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
� *EIBITII `
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 facibbes to serve their property, according
to the Subdivision and Land Development Regulations
D. Solid Waste Collection
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.
: I I m -
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.
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
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. Budding, 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 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 some 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
J. Electrical Distribution
3
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.
K. Miscellaneous
Street names and signs will be installed, if required, approximately six (6) months
after the effective date of annexation.
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.
L. Capital Improvements Program ( (M
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