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HomeMy WebLinkAbout1996-232a73ord wpd NO a� -a3X AN ORDINANCE OF THE CITY OF DENTON, TEXAS ANNEXING A TRACT COMPRISING 29 115 ACRES, LOCATED APPROXIMATELY 2,000 FEET EAST OF GEESLING ROAD AND NORTH OF BLAGG 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 29 115 acre tract as described in exhibit `A', and WHEREAS, public hearings were held in the Council Chambers on August 6, 1996, and August 20, 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 prop- erty described herein by the introduction of this ordinance at a meeting of the City Council on September 10, 1996, and WHEREAS, this ordinance has been published in full one time in the official newspaper of the City of Denton after annexation pro- ceedings 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 per- manent 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 des- cribed 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 terri- tory annexed as fully as if the excluded area were expressly des- cribed in this ordinance SECTION VI That any person violating any provision of this ordinance 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 four- teen (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 news- paper of the City of Denton, Texas, within ten (10) days of the date of its passage PASSED AND APPROVED this the A day of 0 &4. , 1996 JACK MILLER, MAYOR� ATTEST JENNIFER WALTERS, CITY SECRETARY P• • LEGAL FORM ALL that certain lot, tract, or parcel of land lying and being situated in the COUNTY OF DENTON, STATE OF TEXAS in the Morreau Forrest Survey Abstract Number 417 BEGINNING at an iron rod found for corner in the most westerly west line of that certain tract of land conveyed by deed from Bass Land & Cattle Incorporated to Dieter Schwarz, recorded under Clerk's Number 94-R0045817, Real Property Records, Denton County, Texas, said point being the southeast corner of that certain tract of land conveyed by deed from JBT Holding to John Powell Walker, recorded under Clerk's File Number 93-R0034125, Real Property Records, Denton County, Texas, THENCE S 020 46' 04" W, 185 95 feet with said west line of said Schwarz tract to a fence comer for corner, THENCE S 580 52' 24" E, 827 11 feet with a southwest line of said Schwarz tract to fence comer set for corner, THENCE S 300 41' 34" W, 470 61 feet to a fence corner for corner in the existing north line of Blagg Road, a public roadway having a right-of-way of 40 0 feet, THENCE N 850 54' 22" W, 515 03 feet with said north line of said Road to a fence corner for corner, THENCE N 85" 42' 04" W, 506 67 feet with said north line of said Road to an iron rod set for comer, THENCE N 860 04' 30" W, 204 25 feet with said north line of said Road to an iron rod set for corner, THENCE N $60 17' 29" W, 172 08 feet with said north line of said Road to an iron rod found for corner, THENCE N 03" 04' 00" E, 980 18 feet to a fence corner for corner in the south line of that certain tract of land conveyed' by deed from J B T Holding, Inc to John Powell Walker, recorded under Clerk's File Number 93-R0034125, Real Property Records, Denton County, Texas, THENCE S 89158' 54" E, 32 24 feet with said south line of said Walker tract to an iron rod set for corner, THENCE S 85156' 00" E, 419 30 feet with said south line of said Walker tract to an iron rod set for corner, THENCE S 850 54' 53" E, 433 79 feet with said south line of said Walker tract to the PLACE OF BEGINNING and containing 29 115 acres of land of which 0 479 acres is hereby dedicated for public roadway SERVICE PLAN (A-73) CASE #: A-73 AREA: 29.115 acres LOCATION: North of Blagg Road and East of Geeshng Road 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 i: 1 1 u o•! a 1F`f3a'SmlMiriT.91 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 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 LOJI1177MALM Mr 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 Lull-_i , 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. 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 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 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 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. 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. 3 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 (CIP) 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 utilisation, 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.