HomeMy WebLinkAbout1996-233a72ord wpd
AN ORDINANCE OF THE CITY OF DENTON, TEXAS ANNEXING A TRACT
COMPRISING 96 78 ACRES, LOCATED NORTH OF MINGO ROAD AND WEST OF
COOPER CREEK ROAD, TEMPORARILY CLASSIFYING THE ANNEXED PROPERTY AS
`A', AGRICULTURAL DISTRICT, PROVIDING FOR A PENALY 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 96 76 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
property 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
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
3urisdiction 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
$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
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 ff� day of /7[A44dg&, 1996
26 �& C'k,_
JACK MILLER, MAYO
z�
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APtrkOVED AS TO LEGAL FORM
=Mncnm T. DDOTTTV rTTV 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 D Culp Survey, Abstract Number 287 and
part of the J. Early Survey, Abstract Number 1279 and part of the T Living Survey,
Abstract Number 729 and being a portion of that 256 974 acre tract of land
described by deed to E D S Engineering Corporation as recorded in Volume 922,
Page 718 of the Deed Records of Denton County, Texas and being all of a 5 acre
tract conveyed to Cooper Creek Methodist Church as recorded in Volume 93, Page
95 of the Deed Records of Denton County, Texas and being the prescribed Cooper
Creek Road right-of-way (- 56 feet wide) effecting a certain 13 071 acre tract
conveyed to Alan R Thetford and wife by deed recorded in Volume 2892, Page 933
of the Real Property Records of Denton County, Texas and effecting a certain 12 00
acre tract conveyed to James A Roden by deed recorded as 93-R0018804 in the Real
Property Records of Denton County, Texas and effecting a certain 5 80 acre tract
conveyed to Kevin M Kenney and wife by deed recorded in Volume 1051, Page 868
of the Deed Records of Denton County, Texas and effecting a certain 2 5 acre tract
reserved for graveyard, church and school house purposes by deed recorded in
Volume 29, Page 229 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 82-6, said point also being most southerly southwest corner of a 125 25
acre tract annexed by the City of Denton as established by Ordinance 86-88, said
point also being 600 feet radial from the center line of State Highway Loop 288,
THENCE South 87' 26' 24" East along the most southerly south line of said
Ordinance 86-88 annexation and continuing a distance of 2,174 61 feet to a point
for corner, said point being an inner ell corner of the T Living Survey, Abstract
Number 729 and being the northwest corner of said J Early Survey, Abstract
Number 1279,
THENCE South 86° 18' East crossing a north south road known as Cooper Creek
Road a distance of 83 95 feet to a point for corner, said point lying on the most
southerly north line of said Thetford tract and being approximately 28' radial from
the centerline of Cooper Creek Road, said point also being the beginning of a curve
to the left whose radius point bears South 74' 54' 17" East a distance of 900 feet,
and whose central angle is 12° 03' 12";
THENCE southwesterly along said curve an arc distance of 189 33 feet to a point for
corner, said point being approximately 28 feet radial from the centerline of Cooper
Creek Road,
THENCE South 03' 02' 31" West passing at 126 69 feet the south line of said
Thetford tract and the north line of said Roden tract and continuing along the east
right-of-way of Cooper Creek Road passing at 336 14 feet a south line of said Roden
tract and the north line of said Kenney tract and continuing along the east right-of-
way line of Cooper Creek Road passing at 751 59 feet the south line of said Kenney
tract and the north line of said cemetery tract and continuing along the east right-of-
way line of Cooper Creek Road passing at 997 16 the southwest fence corner of said
cemetery tract and continuing a total distance of 1,019 67 feet to a point -for corner,
said point lying on the north line of a 9 2154 acre tract annexed by the City of
Denton as established by Ordinance 87-187, said point also lying on the north line
of the M Forrest Survey, Abstract Number 417,
THENCE North 88° 54' 44" West along said lines and Cooper Creek Road passing at
28 40 feet the a southeast corner of said E D.S Engineering Corporation and being
the outer ell corner of the J Early Survey, Abstract Number 1279 and continuing a
total distance of 224.46 feet to a point for corner, said point being the northwest
corner of said M Forrest Survey, Abstract Number 417,
THENCE South 01° 05' S3" West along the existing Denton city limits line(Ord 87-
187) and the east line of said M Forrest Survey, Abstract Number 417 and a west
line of said J Early Survey, Abstract Number 1279 and along Cooper Creek Road a
distance of 785 87 feet to a point for corner, said point lying on the north right-of-
way line of the Texas and Pacific Railroad and also being the corner of a tract
annexed by the City of Denton as established by Ordinance 65-43,
THENCE South 69° 30' 11" West along the existing Denton city limits line(Ord 65-
43) same being the north right-of-way line of the Texas and Pacific Railroad a
distance of 1,691 41 feet to a point for corner, said point lying 600 feet east of and
perpendicular to the center line of State Highway Loop 288, said point also being
the most southerly southeast corner of a tract annexed by the City of Denton as
established by Ordinance 82-6,
THENCE North 00° 33' 53" East along the existing Denton city limits line (Ord 82-
6) 600 feet east of and parallel to said center line of State Highway Loop 288 a
distance of 896 14 feet (called 907.42 feet in Ord 82-6) to a point for corner, said
point being the beginning of a curve to the left whose radius point bears North 89'
26' 07" West a distance of 4,419.72 feet and whose central angle is 23° 46' 11",
THENCE northwesterly along said curve 600 feet northeast of and parallel to the
center line of State Highway Loop 288 and along the existing Denton city limits
(Ord 82-6) an arc length of 1,833.56 feet to the POINT OF BEGINNING and
containing 96.78 acres of land
annex2 wpd 6 25 96
SERVICE PLAN (A- 7 2 )
CASE #: A-72
AREA. 96 78 acres
LOCATION• North of Mingo Road and West of Cooper Creek Road
A. 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
. ��;:� ��• ''-_u•, •r 1.
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
D. Solid Waste Collection
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
MY IT IT!• _DrIl Iii i. _ �►
1. Enforcement of the C►ty'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 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.
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
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 (CM
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