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HomeMy WebLinkAboutJanuary 19, 2010 AgendaAGENDA CITY OF DENTON CITY COUNCIL January 19, 2010 After determining in Open Session that a quorum is present, the City Council of the City of Denton, Texas will convene in a Closed Session on Tuesday, January 19, 2010 at 10:30 a.m. in the City Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following item will be considered: CLOSED MEETING 1. Closed Meeting: A. Consultation with Attorneys - Under Texas Government Code Section 551.071 and Deliberations regarding Personnel Matters - Under Texas Government Code 551.074. 1. Consultation with the City's attorneys regarding legal issues associated with personnel matters involving the city manager, city attorney, city auditor, and/or the municipal court judge where public discussion associated with these legal matters would clearly conflict with the duty of the City's attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary of Professional Conduct of the State Bar of Texas. Discuss and deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal and/or hear a complaint or charge involving the city manager, city attorney, internal auditor, and/or the municipal court judge. B. Consultation with Attorneys - Under Texas Government Code, Section 551.071. 1. Consultation, discussion, deliberation, and receipt of information from the city's attorneys involving legal matters relating to possible annexations of property into the City of Denton where public discussion of these legal matters would clearly conflict with the duty of the City's attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. WORK SESSION Following the completion of the Closed Meeting, the Council will convene in a Special Called Work Session at which the following item will be considered: 1. Receive a report, hold a discussion and give staff direction regarding issues concerning areas under consideration for annexation, including the costs related to providing municipal services. REGULAR MEETING Following the completion of the Work Session, the City Council will convene in a Special Called Regular Meeting in the City Council Chambers at which the following item will be considered: City of Denton City Council Agenda January 19, 2010 Page 2 1. PUBLIC HEARING A. Hold the second of two public hearings to consider and discuss, under the annexation procedures for areas exempted from the municipal annexation plan, the Involuntary Annexation, Service Plan and Non-Annexation Development Agreement for approximately 7,480 acres, located in the City's Extraterritorial Jurisdiction (ETJ), Division 1, and provide staff appropriate direction. The proposed annexation is in multiple ownerships, and consists of fifteen (15) distinct areas, as presented in Exhibit 1. The 15 areas are identified and generally located as follows: (1) PAA1: 1,171 acres, located on the South side of Jim Christal Road; north side of Tom Cole Road; west of Masch Branch Road; (2) PAA2 South: 1,472 acres located on the South side of FM1173; north of W. University Drive; west of I-35; (3) PAA3: 1,075 acres, located on the South side of Ganzer Road; north and south of Barthold Road; north of FM 1173; west of I-35; (4) PAA4: 1,555 acres, located on the South side of Milam Road; north of Loop 288; east of I-35; (5) DH-1: 315 acres, located on the East of H. Lively Road; south of FM 2449; west side of John Paine Road; (6) DH-2: 258 acres, located on the South side of University Drive; west and east sides of Thomas J. Egan Road; north of Jim Christal Road; west of Masch Branch Road; (7) DH-3: 421 acres, located on the South side of Spring Side Road; north, south and west of Corbin Road; west of I-35; (8) DH-4: 347 acres, located on the East side of Bonnie Brae Street; west of Fort Worth Drive; east and west of Vintage; (9) DH-5: 307.11 acres, located on the East side of Fort Worth Drive; west of Country Club Drive; north of Bush Creek Road; (10) DH- 6: 9 acres, located on the East side of Teasley Lane; north of Hickory Creek Road; west of Lipizzan Court; (11) DH-8: 29 acres, located on the West of Old Edwards Road; north and south of Edwards Road; (12) DH- 10: 87 acres, located on the South of East McKinney; east and west of Lakey Circle; (13) DH-11: 388 acres, located on the Southeast of the intersection of Mayhill Road and McKinney Street; (14) DH-13: 16 acres; located on the West of the intersection of N. Locust Street and Bobcat Road; south of Chaparral Road; and (15) DH-14: 26 acres, located on the South side of Robinson Road; east of Teasley Lane. 2. ITEMS FOR INDIVIDUAL CONSIDERATION A. Consider approval of a resolution of the City of Denton, Texas regarding the term of the employment agreement, dated June 5, 2007, as amended on December 1, 2009, between the City of Denton and the City Auditor, said term providing for automatic renewal of one year unless a written notice of no less than thirty days is provided prior to March 1, 2010; and declaring an effective date. B. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. City of Denton City Council Agenda January 19, 2010 Page 3 C. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the day of 2010 at o'clock (a.m.) (p.m.) CITY SECRETARY NOTE: THE CITY OF DENTON CITY COUNCIL WORK SESSION ROOM IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800- RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. AGENDA INFORMATION SHEET AGENDA DATE: January 19, 2010 DEPARTMENT: Planning ACM: Fred Greene A SUBJECT - 2009 Annexation Plan - Receive a report, hold a discussion and give staff direction regarding issues concerning areas under consideration for annexation, including the costs related to providing municipal services. BACKGROUND The City of Denton is currently considering the annexation of eighteen (18) areas totaling approximately 9,089 acres. Texas Local Government Code (Tx.LGC) §43.056 sets forth the requirements for the provision of municipal services for land that must be placed in a 3-year Annexation Plan, while Tx LGC §43.065 establishes the requirements for the provision of services to land proposed for annexation but are exempted from the requirement of being placed in a 3-year Annexation Plan. In essence, both sections of the Tx LGC require the City to prepare a service plan that provides for "full municipal services" to the annexed areas. The City may provide the services by any of the methods by which it extend services to other areas of the city. Tx.LGC §43.056(c) defines "full municipal services" as "services provided by the annexing municipality within its full-purpose boundaries, including water and wastewater services and excluding gas or electrical service." Level of Services: Per Tx LGC §43.056.(f).(3)., the City's Service Plan may not provide for services to the annexed area that would reduce the level of fire, police and emergency medical services within the city. In addition, the Service Plan must provide the annexed areas with a level of services comparable to or superior to the level of services available in other parts of the city with land-uses and population densities similar to those reasonably contemplated or projected in the area. However, if the area had a level of services equal to the level of services provided within the corporate boundaries of the city, the Service Plan must maintain that same level of services. Finally, if the annexed area had a level of services for maintaining the infrastructure of the area superior to the services provided within the city, the Service Plan must maintain the infrastructure of the annexed area at a level that is equal or superior to the level previously enjoyed in the annexed area. Id. at Tx.LGC §43.056(g). Immediate Services: The City is required to provide the following services on the effective date of the annexation: (1) Police protection; (2) Fire protection/EMS; (3) Solid waste collection; (4) Operation and maintenance of water and wastewater facilities in the annexed area that are not within the service area of another water or wastewater utility; (5) Operation and maintenance of roads and streets, including road and street lighting, (6) Operation and maintenance of parks; and (7) Operation and maintenance of any other publicly owned facility, building or service. The City Council has therefore requested that staff prepare a presentation regarding the anticipated cost of providing services to the areas that are being considered for annexation. ANTICIPATED COST TO SERVE AREAS PROPOSED FOR ANNEXATION Several acres of the areas proposed to be annexed are appraised for ad valorem tax purposes as agricultural, wildlife management or timber land and must be offered a non-annexation development agreement in accordance with Tx.LGC §43.035. Therefore, not all of the proposed 9,089 acres will be annexed at the same time. Furthermore, DH-7, DH-9, and DH-12 must be placed in an annexation plan and may not be annexed until after the 3rd anniversary of the adoption of the annexation plan. In summary, the annexation of the aforementioned 9,089 acres will take place in phases and the cost to provide services to the areas as well as any revenues generated from the areas will also happen in phases. The population increase from the areas proposed for annexation will also happen in phases. Notwithstanding, based on the number of residential dwellings that are currently within the 18 areas proposed for annexation, it is estimated that a total of 2,136 residents will be added to the city's population. The following includes the anticipated cost to serve the areas that are proposed for annexation. A. POLICE DEPARTMENT The areas proposed for annexation are either currently surrounded by existing police districts (as in the case of the donut holes) or are undeveloped property not serviced by the police department. Response times and service delivery within the donut holes would have little impact on current response times and service delivery. In some cases the district officer is currently driving through the proposed donut holes to respond to calls for service. The areas proposed for annexation along I-35 North (PAA2S, PAA3, and PAA4) will require additional police officers to maintain average response times and police patrols. Officers currently respond mostly to daytime traffic safety related concerns in the areas near the proposed areas. In addition, officers typically respond to calls related to disabled or abandoned vehicles. The proposed annexation will however, increase the call load and require an additional northern sector unit on each of the two (2) day shifts. One additional police vehicle can be shared by the two (2) officers. Therefore, with a slight Page - 2 personnel increase, the Police Department should be able to handle increased calls in all the areas proposed for annexation. The cost of each police officer is estimated to be $89,500 (including salary, benefits, equipment, uniforms, training, and police academy), and the cost of the police vehicle is estimated at $59,500. The following table shows a five (5) year forecast of these additional costs. TA\o Polio Officers 17~>.tu)t) 1X4. -,7O ISM>_~>t)I I >~.~~>S 2t)I.400 Onc Police Vehicle Total $238,500 $0 $0 $0 $0 The anticipated response times for the areas proposed for annexation are based on current department conditions and are illustrated in the following table: Priurily i n~inutca n~inutca Non-Priority 14 minutcs 12 minutcs B. PARKS AND RECREATION The Parks and Recreation Department has determined that the following existing neighborhood parks and recreational facilities are capable of serving the associated areas that are proposed for annexation: • DH 1, 3-7 and DH-14 - Denia Park and Recreation Center, Cross Timbers Park, Southlakes Park, Lake Forrest Park, Joe Skiles Park, and Water Works Park; • DH-2 - City of Krum parks, LBJ National Grasslands, North Lakes Park and Recreation Center, North Point, and Water Works Park; • DH 8-DH-12 - Mack/Roberts, MLK, Fred Moore, Milam, Briarcliff, Avondale, and Water Works Park; and • PAA1, PAA2S, PAA3, PAA4, and DH-13 - City of Krum Parks, LBJ National Grasslands (Wise County), North Lakes Park and Recreation Center, North Pointe, Clear Creek nature Center and Water Works Park. The proposed annexation will not result in any immediate cost increase to provide municipal park services or facilities to the areas proposed for annexation. However, the Parks and Recreation Department is responsible for mowing the City's rights-of-way five (5) times per year. It is estimated that the proposed annexations will result in an increase of approximately thirty one (31) miles of additional right-of-way mowing at a cost of $1,125 per mile. The annual estimated cost of mowing the additional miles of right-of- way five (5) times per year is $174,375. However, based on the May 4, 2010 scheduled Page - 3 date of annexation, this estimated full amount will not be needed for FY 09-10, as it is anticipated that only three (3) mowings will be conducted for the duration of the fiscal year. The cost of the three (3) mowings is estimated to be $104, 625. Future Park and Recreation Department Needs Neighborhood Parks in the annexation areas will be constructed as development occurs utilizing the City's Park Dedication Ordinance. The larger parks and other recreation facilities will be developed in accordance with the recommendations and standards in the 2008 Parks Recreation and Trails Master Plan. It requires approximately 700 homes in a neighborhood area for the Park Dedication Ordinance to generate one, 5 acre neighborhood park. The projections for growth in the annexation areas are estimated to be 2% each year. Therefore, until substantial development occurs, the establishment of neighborhood, community, and city parks will be minimal. Once those parks and recreation facilities are built, the average cost to maintain park property is $52,500 per 1,000 population and the cost to provide Leisure Services is $45,041 per 1,000 population. C. FIRE/EMS It has been determined that no additional fire stations or firefighters are initially required to serve the areas proposed to be annexed due to the small population involved and limited number of structures. In addition, there will be no additional cost to provide fire and emergency medical services (EMS). Nevertheless, it currently costs the City $378 per acre or $183 per person to provide Fire Department services to its residents. In addition, Denton County currently contracts with the City for fire and EMS services in many of the unincorporated areas that are proposed for annexation. As such, the City stands to lose approximately $30,000 in revenue from that inter-local agreement upon annexation of the areas. D. ENGINEERING AND TRANSPORTATION The following table identifies the existing roads that will be impacted by the proposed annexation in terms of needed improvements or upgrades. Also identified is the associated estimated cost per road to maintain current level of service. The total annual estimated cost to maintain the additional roadways is $292,217. However, based on the May 4, 2010 scheduled date of annexation, this estimated full amount will not be needed for FY 09-10. The estimated cost of roadway maintenance for FY 09/10 is $121,757. Page - 4 PAA2S H AMP I UN 45 u.u I u.u 2 I JACKSON L' Im; 0.23 0.56 $111,80-1.90 LOVERS LN. 6.910 1.31 :.14 21._:2 3.74 NIASCH BRANCH RD 4.417 0.84 Z.UZ 11.717.82 PAA3 BARTHOLD 10.01 1 1.9 4. $M.899.05 PAA4 BONNIE BRAE ST. 6.82 1.3 :.1 1 `f 21.120.01 GANZER 10.80- 2.05 4.91 `h13.343.81 MILAM RIDGE 2.630 U.5 1? $8.149.20 DH-1 JOHN PAINE 3.801) 0.-1 1.-3 $'I L-48.43 DH-3 DAKOTA 0.11 0.44 $2_988.04 SHELBY 1.3?~ O 2 0.6 `G4.0-4.60 CORBIN RD. 1.290 0.62 L. 9 IU_186.~U SPRINGSIDE 1.832 0.8_: $3; 60 0.~ 3 DH-4 BONNIE BRAE ST. 5.O~; 4 1.13 '_.-1 18.403.61 DH-9 HICKORY 309 0.06 0.14 >3U.74 HILLTOP :36 0.06 0.1~ L018.6~ OAK 663 O.1 3 0.3 2_U37.3U MEADOW 413 0.08 0.11 `GI?v0.2q SHILOH 1.6„ U.3I $3_U~)1.23 SWISHER ZJl $18.403.61 EMVARDS 2.1()4 0.4 0.96 x;6.319.110 DH-12 ARCHER 272 0.05 0.12 $814.92 BLAGG 4,354 0.82 1.98 $13,446.18 CUNNINGHAM 2791 0.53 1.27 $8,624.57 GEESLING 1,782 0.34 0.81 $5,500.71 GRISSOM 1,209 0.23 0.55 $3,735.05 MILLS 7,211 1.37 3.28 $22,274.48 TRINITY 5,498 1.04 2.5 $16,977.50 Total 94,666 feet 18 iniles 43 iniles $292,217 Length GIS Centerline Length (Lineal Feet) CL Mile Mile (Lineal Feet divided by 5280 feet) LTV. Mile Length (Lineal Feet) x roadway width (24Ft average) divided by 10 feet (travel lane) divided by 5280 feet (mile) Estimated Cost (based on current Denton County costs) does not include equipment cost to perform current level of service Page - 5 In addition to the above $292,217 for roadway maintenance, it is estimated that a one- time cost of approximately $70,000 will be needed for placing signs and roadway markings along existing roads that will become the City's responsibility upon annexation. Thereafter, an estimated annual amount of $10,000 will be needed for maintenance and upkeep. The Street Department also surveyed the roads within the areas proposed for annexation and has identified the following needed infrastructure improvements and their associated estimated costs: !DH-3 11 1 1101, - 611 1 Corbin Road (Lm \ Water Crossing) 111200= $750,000 Underwood Road (Bridge) $1,000,000 DH-I Bla-, Road (Flood Control) ~LUOO.OOO mills Road (Cnly crt llpgradcs) I ~O.000 PAA2S Marsh Branch Road (Cukcrt Up-radcS) PAA3 Barthold Road (RR Crossings and Gravel Road) $400,000 Total $3,600,000 E. WATER/WASTE WATER UTILITIES All the proposed annexation areas are within the City of Denton Water Service Area as defined by Certificate of Convenience and Necessity (CCN) Number 10195 as issued by the Texas Commission on Environmental Quality (TCEQ). With regards to PAA2S and PAA3, the Bolivar Water Supply Corporation is dually certified in portions of these areas under CCN Number 11257. There is a known private water supply system in DH-9 area that serves the Green Tree Estates subdivision that is not recognized by the TCEQ as an active public water supply system or retailer. There is no CCN approved by the TCEQ for providing retail water service for this private water system. In addition, there is an inactive Water CCN holder (Number 12627) referred to as the Susie Lane Water System located in DH-12. All the proposed areas are within the City's Sewer Service Area as defined by CCN Number 20072 as issued by the TCEQ. There are no other known sewer services CCN holders within any of the areas proposed for annexation. The accepted equipment to population ratio to adequately serve the areas proposed for annexation is one (1) field services crew in the Water Distribution Division per 18,750 residents, and one (1) crew in the Water Metering Division per 11,140 residents. In addition, the accepted equipment to population ratio to adequately serve the areas proposed for annexation is one (1) field services crew in the waste water collection system per 19,430 residents. Page - 6 Since the total anticipated population increase from the areas proposed for annexation is only 2,136 residents, neither the Water nor the Waste Water Utility Division will need any additional personnel or equipment to serve the proposed areas. None of the proposed areas will be tied to the City's water or waste water system just because they are annexed. F. SOLID WASTE To accommodate the recent growth experienced by both residential and commercial collection service operations within the city, an additional route truck and driver were added in FY 2009. This addition has enabled the Solid Waste Department to provide adequate collection service for both the anticipated residential and the limited commercial accounts that will result from the areas proposed for annexation. As such, no additional vehicles or personnel will be required to service the proposed areas. Current Residential Rates vary based on the amount of each size cart in service at any given time and the number of active accounts being serviced. The standard cart size provided to a residential customer is a 60-gallon cart. Based on unaudited FY2009 Solid Waste Fund year-end expense information, the anticipated cost of service is $21.65 per month. Existing garbage and recycling collection service providers may continue to provide service to the customers for which there is a current service contract, for a period of no greater than two (2) years or until the end of the current contract term. All other customers will be provided service by the City upon annexation. Estimated revenue and expense per year for the first five (5) years after annexation are indicated in the table below. F) 11111 4 1>~~.~~u 1>~ FY 11/12 I I I Oy FY 12/13 $'171.41 5 171.4~t) I S FY 13/14 $170.01? $170.~QO FY 14/15 $183,793 $182,770 $1,023 Total $701,616 $700,540 $1,076 G. OTHER SERVICE IMPACT While not required by Tx LGC §43.056 nor §43.065, it is important to note that the proposed annexation will impact the funding and resources currently allocated to other City departments such as Library Services, Code Enforcement and Community Development. Therefore, the following is provided. Page - 7 1. COMMUNITY DEVELOPMENT After reviewing the areas proposed for annexation, it appears that the only significant affect on the Community Development Division's budget will be funding of the Minor Repair Program. This is due to the fact that DH-7 has a significant number of mobile homes which may be in need of repairs. However, based on the current number of units completed annually, this would only be an increase of two to three (2-3) units or approximately $15,000 in funding. Denton's annual allocation of Community Development Block Grant funds is different each year; therefore, the funding available for programs like the Minor Repair Program is not known until the Federal allocation amounts are announced. 2. CODE ENFORCEMENT All of the areas proposed for annexation are not currently inhabited; nonetheless, they will need to be monitored regularly as uninhabited land is most likely to have abandoned structures, tall grass and weeds, and illegal dumping including piles of tires and junk vehicles. Based upon a field inspection of all the proposed areas, it is determined that approximately eighty-two (82) miles of additional travel will be added to the division's workload. On November 16, 2009, staff performed site inspections of the areas identified to be annexed. During the inspection, approximately seventy five (75) substandard structures were identified. In addition, while all the proposed areas have violations, two (2) areas were found to be extremely distressed, i.e. severe dilapidation with numerous health and safety concerns. Two (2) additional areas also have major issues to be addressed, such as zoning issues, outside storage and junk vehicle violations, substandard primary or accessory structures, and lack of improved parking surfaces. If the goal is to provide the same level of code enforcement service in the proposed annexed areas as currently exists within the city (i.e. review of each property every two- to-three weeks), then two (2) additional Code Enforcement Officers will be needed to adequately address the needs in the newly-annexed areas. One (1) officer could begin in FY10-11 after the annexation of the exempted areas, while the second (2" d) officer could begin when DH7, DH9, and DH12 are annexed in FY12-13. Also in FY12-13, 13-14 and 14-15, additional funding will be needed for the demolition of substandard structures and the associated costs of securing vacant structures, clearing of lots, performing title searches, posting Construction Advisory and Appeals Board hearing information in the Denton Record Chronicle, and regular and certified mail notifications to property owners. Page - 8 Code Enforcement Officer 1 $60,332 Vehicle $16.700 Codc Enforcement Officer 2 o o ho. Vchlclc $10.700 Operations $0 $0 $40,000 $25,000 $10,000 Total $77,032 $0 $117,032 $25,000 $10,000 3. LIBRARY SERVICES The estimated additional funding needed to adequately serve the areas proposed for annexation is a per capita cost of approximately $24.72. This amount is based on the City's library system's standard; a ratio of two (2) items per capita at a cost of $1236 per item. COST OF ANNEXATION ESTIMATE To assist staff and the City Council with evaluating the financial impact of the annexation, a ten year cost of annexation estimate has been developed. This estimate is included for your review as Exhibit 3. The estimate makes a number of assumptions regarding expenditures and revenues over the next few years. These individual assumptions are discussed in the below sections. The overriding assumption for the analysis is that the fundamental development of the proposed annexation areas does not change. In other words, the annexation cost estimate does not assume that any major developments will take place in the proposed annexation area. This assumption is being made for the cost estimate since additional developments are not known with any certainty. The use of this assumption, however, should not be interpreted to mean that the area is not expected to develop over time by staff. ANTICIPATED AD VALOREM TAXES According to calculations conducted by the Finance Department based on information gathered from the Denton County Tax Appraisal District, it is anticipated that if ALL the proposed areas containing 9,035 acres are annexed, they will generate approximately $775,433 in additional tax revenue to the City. Of this amount, $520,799 will be generated in the General Fund from the operation and maintenance tax rate of $0.44765 per $100 of valuation, and $254,635 will be generated in the General Obligation Debt Service Fund from the debt service tax rate of $0.21887 per $100 valuation. Page - 9 It is unlikely that the City will realize this full amount given that many of the parcels that are included in the areas proposed for annexation are appraised for ad valorem tax purposes as agricultural, wildlife management or as timber land. Per Texas Local Government Code § 43.035.(b), the City may not annex any of these parcels unless the City offers to make a development agreement with the landowner under Section 212. 172 that would: (a) guarantee the continuation of the extraterritorial status of the area; and (b) authorize the enforcement of all regulations and planning authority of the municipality that do not interfere with the use of the area for agriculture, wildlife management, or timber; and (2) the landowner declined to make the agreement. In accordance with Tx.LGC, all the parcels that are appraised for ad valorem tax purposes as agricultural, wildlife management or timber land were offered a 5-year Non-Annexation Agreement. Therefore, until each non-annexation development agreement is finalized, and the annexations are completed, it is impossible to determine the amount of ad valorem taxes that will be collected by the City. Since the number of Non-Annexation Agreements is currently unknown, the annexation cost estimate assumes that every property that was offered an agreement will not be annexed until the initial five (5) year period has expired. The annexation cost estimate also assumes that the areas identified as DH-7, DH-9, and DH-12 will not be annexed for a period of three years in accordance with state law. The appraised value of the properties in these areas is $35,171,589 and will generate approximately $234,426 in property taxes once annexed. In addition, a 3% increase in ad valorem tax revenues is forecast for each year after the annexation to account for the appreciation of value in the affected properties. OTHER ANTICIPATED REVENUES In addition to the ad valorem taxes discussed above, it is also anticipated that the annexation will generate additional revenues. These additional revenues are discussed in more detail below: A. Sales Tax Since no new retail developments are contemplated at this time in the proposed annexation areas, it is difficult to estimate future sales tax collections on either a square foot or per capita basis. In addition, it could be argued that individuals residing in the proposed annexation areas are already paying a portion of the sales taxes in Denton through various activities in the community. As such, a nominal sales tax estimate of $10,000 is included for FY 2010-11, and future year collections are forecast to increase by 3% each year. B. Franchise Fees The franchise fee estimate is based on the per capita fees that are expected in FY 2009-10 within the city of Denton's current boundaries. However, since many City-owned utilities will not be immediately available in the proposed annexation areas, the Denton Municipal Utilities portion of the franchise fees that are expected in FY 2009-10 has been excluded from this calculation. Using a per capita basis, it is estimated that the City of Page - 10 Denton will receive an additional $17,543 in franchise fees from the proposed annexation areas in FY 2010-11, and future year collections are forecast to increase by 3% each year. C. Other Taxes, Service Fees, Fines and Fees, Licenses and Permits Other taxes, service fees, fines, licenses, and other fees are also estimated on a per capita basis. However, fees related to ambulance services, the Water Works Park, the Denton Independent School District (DISD), and charges to bond funds have been excluded from this calculation since these are not expected to be affected by the proposed annexation. Other taxes and Service Fees are expected to generate $1,321 and $9,529 respectively in FY 2010-11. Fines and licenses and permits are expected to generated $21,047 and $4,186 respectively in FY 2010-11. Future year collections are forecast to increase by 3% each subsequent year. The above described revenues are summarized in the below table. Revenues for FY 2009-10 are estimated based on an assumed annexation date of May 4, 2010. Since only five months of the fiscal year will remain in FY 2009-10, revenues are estimated to be 5/12 of the estimates for FY 2010-11. FY 2009-10 Estimated Revenue Revenue Budget Per Capita * from Annexation Sales Tax $ 21,4'75,04'7 $ 1'79.'78 $ 10,000 Franchise Fees 4,615,298 38.64 17,543 Other Taxes 34'7,028 2.91 1,321 Service Fees 2,50'7,268 20.99 9,529 Fines and Fees 5,537,770 46.36 21,04'7 Licenses and Permits 1,101,015 9.22 4,186 $ 35,583,426 $ 29'7.90 $63,626 * Based on population estimate of 119,454. Based on annexation population estimate of 454 in FY 2010-11(except sales tax). Excludes Denton Municipal Utilities (DMU) except for Solid Waste. * * * * Excludes ambulance fees, Water Works Park Fees, DISD Reimbursements, and Charges to Bond Funds. Page - 11 SUMMARY In summary, the estimated net cost of the proposed annexation is approximately $318,753 for FY 2010-11. Exhibit 3 provides a summary of the estimated revenues and expenditures for FY 2010-11, and the next nine fiscal years. ATTACHMENTS 1. Exhibit 1 - Map of Potential Annexation Areas 2. Exhibit 2 - Map of Potential Annexation Areas that Must be included in an Annexation Plan 3. Exhibit 3 - Estimated Revenue/Expenditure Spreadsheet. Prepared by: Mark A. Cunningham, AICP Director, Planning and Development Division Respectfully submitted: Fred Greene Assistant City Manager Page - 12 EXHIBIT I Potential Annexation Areas 9,035 Acres Page - 13 EXHIBIT 2 Proposed Annexation Areas that Must be Included in an Annexation Plan (DH, 7, 9 and L - 1,605.68 Acres) Page - 14 p ~ T O m o o m m 00 m V N N W N N rv W N . o in N N m m~ o V T T o tND m O. tD O W h N N m0 .--i O O V N tD m lD N N m N V O N m T N V I I O N O m m o N N O W O N tD o ~o - O N O h o 0 N o N c W N O tD m N N m o N Y i ao o N l v rv °o O ~n m v m N o N N NO ^ v1 O io - l Vl a n oo N n n m N o m N tD o o o N m N N m Y Vl m m v n n m o o N m ° ' o 0 Vl Vl m ~ m -m o m m V Q o~ I~ o N o N o h N r-i v o m O N a m o m o h io = ao N N m f6 o x N Vl V1 Vl a .n O n o m N N o o N o ~ ~ o N N N W N N V T O N N o ~o N T O tD ~ m; ml N O M O ~ O w o N lD ~/1 N W N N m N O Q N 0 L a O v v m o a o ^O O W m o w o o m m ~ N O i W 0 N i N o N ml v o rt o o m o o w o w ~o ~ .n ao N N m o f6 N GJ L N N w o w m m o N m m. N o ao ~o m o ~o o v "1 m o o m T v N m m n vi o m Io m o o m M+ a o a - ~o N m -a ~ C a C ti t x X W mn~o 2m N8 IN °NNN°o obi W -a mmo Om~nO 0 0 v rv v o mON N vi m o o m o N ~o 0 ~ N Vl V1 Vl N ~ m l m ml o o mm N h m mm m o V oO m V N c T O O m N ~y li N V o m r-i o N V o N M a V o o Om m N O y W Vl V1 Vl o a v o o v o n ~o v N o d 0 N o o m cO Ili m m° m cO N h O W r-i o N V O m l m V m o 0 0 m w n o O N N N I r^ V N Y ~ N Vl N m ~ m l o o N N V W O o Lrn o O i v o m o o h N o m m O m N O nl m m V N o o }I G h r- N N N N m I N I LU N N N W Y o N Y m o o o ^ °o^ v vl~ mom., pi Vl o a orv V1 Vl d d Q v46 E - F ° a o o - ° x N~ o F o L* v - 3 w o L I x > F LL m o 9 3 m o o d WI W- O d u L a• O > _ L - ° w K Q m ii O m u w d K m Q V~ Z o o O o O O o d m ~ o ° V o 3 o w a o ° o o o v~ ooo - o o om a o o O h h o W h o > o D➢ - Vl ~ U o y o O 3 a V 3 ° o c V m Q~ Qy Q Q Qd Qd AGENDA INFORMATION SHEET AGENDA DATE: January 19, 2010 DEPARTMENT: Planning and Development ACM: Fred Greene SUBJECT -A 10-000 1 (City Initiated Involuntary Annexation) Hold the second of two public hearings to consider and discuss, under the annexation procedures for areas exempted from the municipal annexation plan, the Involuntary Annexation, Service Plan and Non-Annexation Development Agreement for approximately 7,480 acres, located in the City's Extraterritorial Jurisdiction (ETJ), Division 1, and provide staff appropriate direction. The proposed annexation is in multiple ownerships, and consists of fifteen (15) distinct areas, as presented in Exhibit 1. The 15 areas are identified and generally located as follows: 1. PAA1: 1,171 acres, located on the South side of Jim Christal Road; north side of Tom Cole Road; west of Masch Branch Road; 2. PAA2 South: 1,472 acres located on the South side of FM1173; north of W. University Drive; west of I-35; 3. PAA3: 1,075 acres, located on the South side of Ganzer Road; north and south of Barthold Road; north of FM 1173; west of I-35; 4. PAA4: 1,555 acres, located on the South side of Milam Road; north of Loop 288; east of I-3 5; 5. DH-1: 315 acres, located on the East of H. Lively Road; south of FM 2449; west side of John Paine Road; 6. DH-2: 258 acres, located on the South side of University Drive; west and east sides of Thomas J. Egan Road; north of Jim Christal Road; west of Masch Branch Road; 7. DH-3: 421 acres, located on the South side of Spring Side Road; north, south and west of Corbin Road; west of I-35; 8. DH-4: 347 acres, located on the East side of Bonnie Brae Street; west of Fort Worth Drive; east and west of Vintage; 9. DH-5: 307.11 acres, located on the East side of Fort Worth Drive; west of Country Club Drive; north of Bush Creek Road; 10. DH-6: 9 acres, located on the East side of Teasley Lane; north of Hickory Creek Road; west of Lipizzan Court; 11. DH-8: 29 acres, located on the West of Old Edwards Road; north and south of Edwards Road; 12. DH-10: 87 acres, located on the South of East McKinney; east and west of Lakey Circle; 13. DH-11: 388, located on the Southeast of the intersection of Mayhill Road and McKinney Street; 14. DH-13: 16 acres; located on the West of the intersection of N. Locust Street and Bobcat Road; south of Chaparral Road; and 15. DH-14: 26 acres, located on the South side of Robinson Road; east of Teasley Lane. BACKGROUND Applicants: City of Denton In 1999 when the Denton Plan was adopted, the City's land area was 39,695 acres. To accommodate future population and development growth, the Denton Plan anticipates annexation of land within the City's Extra Territorial Jurisdiction (ETJ). The anticipated required acreages and their associated land-uses are identified in the table below. Anticipated Land-Uses Single-family development Required Acreages 15,000 acres Multi-family development 1,200 acres Industrial development 3,000 acres Commercial development 3,200 acres Institutional development 2,700 acres Total 2s, 100 acres than the anticipated minimum stated in the Denton Plan. The anticipated 25,100 additional acres are based on population projections and an average density of 2,250 people per square mile (640 acres). Per the Denton Plan, the minimum anticipated land area required to accommodate future population and development is 64,795 acres (39,695+25,100). Current land area within the City is approximately 57,257 acres, which is 7,538 acres less Element Two of the City's Growth Management Strategies within the Denton Plan (Pages 23) states: "Adopt an aggressive annexation policy in order to manage the density and quality of growth within the current ETJ and maintain the city's existing certificate of convenience and necessity (CCN) " The City's annexation policy plan adopted in June 1993 states that: "Annexation is considered when a property is located within the designated urbanizing area; is expected to accommodate urban growth in the next twenty years; and if the annexation is contiguous to existing city limits, city roads and rights-of--way. " To accomplish the above, the City performed a growth management study of approximately 48,000 acres within the City's ETJ. The final result of this study is that twenty two (22) areas throughout the City's ETJ were identified for potential annexation. In addition to achieving the vision of the Denton Plan, the areas that are proposed for annexation will achieve the following goals: • Protect the north Interstate 35 corridor; 2 • Protect the future west Loop 288 corridor; • Manage growth in the City's CCN; • Manage land-use in probable growth areas; • Create a logical contiguous City of Denton boundary; • Provide future growth areas as recommended by the Denton Plan; and, • Reduce the pockets of unincorporated areas within the existing city limits. The factors used to determine what areas to annex include but are not limited to the following: • Physical features such as creeks, railroads, roadways and other physical or natural boundaries; • Property configuration; • Proximity to current City boundary; • The City's ability to provide adequate public services (Fire, Police, EMS, Solid Waste Collection, Parks, Water, Wastewater, etc.), and proximity to the City's CCN); • Areas within the City's CIP; • Extent of recent development activities; • Number of occupied parcels; • Recent voluntary annexation trends; and, • Location and intensity of gas well. On Tuesday, March 10, 2009, staff presented the aforementioned twenty two (22) potential annexation areas to the City Council during a work session. During the presentation, it was determined that three (3) of the twenty two (22) areas were encumbered with Annexation Agreements. As such, they were eliminated from consideration, leaving a total of nineteen (19) potential areas. Five (5) of the 19 remaining potential annexation areas are located in the northwestern quadrant of the City's Extra Territorial Jurisdiction (ETJ). The other fourteen (14) areas are surrounded by the City and referred to as "DHs". These areas are also within the City's ETJ. At the conclusion of the March 10, 2009 City Council work session, staff was directed to develop a prioritization ranking of the 19 potential annexation areas for a future presentation to the City Council. On Tuesday, September 1, 2009, via a City Council work session, staff presented the ranking of the 19 areas identified as potential annexation areas. During that presentation, staff also recommended the annexation of 17 areas totaling approximately 7,912 acres of land within the City of Denton's Extra Territorial Jurisdiction (ETJ). The areas staff recommended include all the "DH" areas (except the 3 areas with existing annexation agreements - 15, 16, & 17), PAA2S, PAA3 and PAA4. During the work session, it was determined that PAA1 should also be annexed due to its close proximity to the Denton Municipal Airport. The total acreage recommend for annexation is 9,083 contained in 18 areas. These areas are illustrated collectively 3 in Exhibit 1. Three (3) of the 18 areas identified for annexation will be placed in an Annexation Plan due to the number of parcels with residential dwellings. Those areas are identified as DH-7, DH-9 and DH-12. At the conclusion of the September 1, 2009 work session, the City Council directed staff to proceed with the process of annexing the above mentioned 18 areas. On Wednesday, December 9, 2009 via a Planning and Zoning Commissioner (P&Z) work session, staff presented the 18 areas contacting 9,083 acres to the P&Z. During the work session, staff also explained the goals of the proposed annexation, the rationale of, and the methodology by which the areas were selected for annexation. After the conclusion of the work session, the P&Z recommended approval of moving forward with the annexation of the 18 areas containing 9,083 acres by a 7-0 vote. ANNEXATION IN TEXAS Chapter forty-three of the Texas Local Government Code (Tx.LGC) establishes the standards by which municipalities such as the City of Denton must abide with regards to annexation. The following is a description of the steps that must be followed during the annexation procedure. Adoption q f an Annexation Plan: Per Tx LGC §43.052, a home-rule municipality such as the City of Denton (the City) must adopt an Annexation Plan. The Annexation Plan must identify all areas proposed for annexation and annexation of the area may not occur prior to the 3rd anniversary of the date the plan is adopted or amended. Id. at §43.052(c). Exemption. fi om Annexation Plan: Notwithstanding the above, certain annexations are exempt from the Annexation Plan requirement. Specific to the City's proposed annexation, an Annexation Plan is not required for areas proposed for annexation that contain fewer than 100 separate tracts of land on which one (1) or more residential dwellings are located on each tract. Id at §43.052(h)(1). Therefore, all the areas that are proposed for annexation by the City are exempt from the Annexation Plan requirement except DH-7, DH-9 and DH-12. This public hearing pertains to the fifteen (15) areas containing 7,480 acres that are exempted from the requirement of an Annexation Plan. These areas are identified as: PAA1, PAA2 South, PAA3, PAA4, DH-1, DH-2, DH-3, DH-4, DH-5, DH-6, DH-8, DH-10, DH-11, DH-13, and DH-14. These areas are also show individually in Exhibits 2-16. DH-7, DH-9, AND DH-12 ARE NOT BEING CONSIDERED FOR ANNEXATION DURING THESE PUBLIC HEARING. Prepare a Vervice Plan: Tx LGC §43.056 sets forth the requirements for the provision of municipal services. The City must complete a Service Plan for the areas proposed for annexation. The Service Plan must provide for "full municipal services" in the annexed area no later than two and one-half (2'/z) years after the effective date of the annexation unless: (1) the City cannot reasonably provide certain services within that period; and 4 (2) the City proposes a schedule for providing the services that extends not longer than four and one-half (41/2) years after the effective date of the annexation. Id. at §43.056(b). Tx.LGC §43.056(c) defines "full municipal services" as "services provided by the annexing municipality within its full-purpose boundaries, including water and wastewater services and excluding gas or electrical service." Immediate Vervices: The City is required to provide the following services to the proposed areas on the effective date of the annexation: (1) police protection; (2) fire protection; (3) emergency medical services; (4) solid waste collection, except as provided by subsection (o). Subsection (o) provides that a municipality is not required to provide collection service to a person who continues to use the collection services of a privately owned collection service; (5) operation and maintenance of water and wastewater facilities in the annexed area that are not within the service area of another water or wastewater utility; (6) operation and maintenance of roads and streets, including road and street lighting, (7) operation and maintenance of parks; and (8) operation and maintenance of any other publicly owned facility, building or service. Service Plan Limitations: A Service Plan may not: (1) require the creation of another political subdivision; (2) require a landowner in the area to fund the capital improvements necessary to provide municipal services in a manner inconsistent with Chapter 395 unless otherwise agreed to by the landowner; or (3) provide services in the area in a manner that would have the effect of reducing by more than a negligible amount the level of fire and police protection and emergency medical services provided within the corporate boundaries of the municipality before annexation. Id. at § 43.05 6(f) Before the second (2" d) anniversary of the date an area is included within the corporate boundaries of the City by annexation, the City may not: (1) prohibit the collection of solid waste in the area by a privately owned solid waste management service provider; or (2) impose a fee for solid waste management services on a person who continues to use the services of a privately owned solid waste management service provider. Id. at §43.056(n) 5 The City is not required to provide solid waste collection services to a person who continues to use the services of a privately owned solid waste management service provider. Level of Vervices: The Service Plan may not provide for services in the annexed areas that would reduce the level of fire, police and emergency medical services within the City. Id. at Tx.LGC § 43.056(t)(3). Second, the service plan must provide the annexed areas with level of services comparable to or superior to the level of services available in other parts of the City with land-uses and population densities similar to those reasonably contemplated or projected in the area. However, if the area had level of services equal to the services provided within the corporate boundaries of the City the Service Plan must maintain that same level of services. Finally, if the annexed area had level of services for maintaining the infrastructure of the area superior to the level of services provided within the City, the Service Plan must maintain the infrastructure of the annexed area at a level of services that is equal or superior to the level of services previously enjoyed in the annexed area. Id. at Tx.LGC § 43.056(g). Timing q f Extending Utilities: Tx.LGC §43.056 does not require that the City provide a "uniform level of full municipal services" to each area of the municipality if different characteristics of topography, land use and population density constitute a sufficient basis for providing different levels of service. Id. at §43.056(m). The City is not required to extend its services to a newly annexed area prior to the extension of services to prior existing like areas within the City. Length q f Validity q f Vervice Plan: A Service Plan is effective for ten (10) years. A person residing or owning land in an annexed area in a municipality with a population of less than 1.6 million such as the City of Denton, may enforce the Service Plan by applying for a writ of mandamus no later than the second (2" ) anniversary of the date the person knew or should have known the municipality was not complying with the Service Plan. Upon application for a writ of mandamus, the City has the burden of proving the services have been provided in accordance with the Service Plan. Id at Tx.LGC X43.056(1). In accordance with Tx.LGC § 43.056, a Service Plan for the fifteen (15) areas proposed for annexation is hereby attached as Exhibits 17. The service plan provides for the following municipal services: A. Police Protection Police protection from the City of Denton Police Department shall be provided to the areas annexed at a level consistent with current methods and procedures presently provided to similar areas on the effective date of the ordinance. Some of these services include: 1. Normal patrols and responses; 2. Handling of complaints and incident reports; 6 3. Special units, such as traffic enforcement, investigations and special weapons; and 4. Coordination with other public safety support agencies. As development commences in these areas, sufficient police protection, including personnel and equipment will be provided to furnish these areas with the level of police services consistent with the characteristics of topography, land utilization and population density of the areas. Upon ultimate development, police protection will be provided at a level consistent with other similarly situated areas within the city limits. B. Fire Protection The Denton Fire Department (DFD) will provide emergency and fire prevention services to the annexation areas. These services include: I. Fire suppression and rescue; 2. Pre-hospital medical services including triage, treatment and transport by Advanced Life Support (ALS) fire engines, trucks and ambulances; 3. Hazardous materials response and mitigation; 4. Emergency prevention and public education efforts; 5. Technical rescue response; and 6. Construction Plan Review and required inspections. Fire protection from the City of Denton shall be provided to the areas annexed at a level consistent with current methods and procedures presently provided to similar areas of the City of Denton on the effective date of the ordinance. As development commences in these areas, sufficient fire protection, including personnel and equipment will be provided to furnish these areas with the level of services consistent with the characteristics of topography, land utilization and population density of the areas. It is anticipated that fire stations planned to serve areas currently within the City of Denton will be sufficient to serve areas now being considered for annexation. Upon ultimate development, fire protection will be provided at a level consistent with other similarly situated areas within the city limits. C. Emergency Medical Service The Denton Fire Department (DFD) will provide the following emergency and safety services to the annexation areas. These services include: 1. Emergency medical dispatch and pre-arrival First Aid instructions; 2. Pre-hospital emergency Advanced Life Support (ALS) response; and transport; 7 3. Medical rescue services. Emergency Medical Services (EMS) from the City of Denton shall be provided to the areas annexed at a level consistent with current methods and procedures presently provided to similar areas of the City of Denton on the effective date of the ordinance As development commences in these areas, sufficient EMS, including personnel and equipment will be provided to furnish these areas with the level of services consistent with the characteristics of topography, land utilization and population density of the areas. Upon ultimate development, EMS will be provided at a level consistent with other similarly situated areas within the city limits. D. Solid Waste Solid Waste and Recycling Collection Services will be provided to the newly annexed property immediately upon the effective date of the annexation at a level consistent with current methods and procedures presently provided to similar areas within the city. Private solid waste collection service providers operating in the affected area immediately prior to annexation and currently providing customers with service, may continue to provide their existing service for up to 2 years in accordance with Texas Local Government Code. E. Wastewater Facilities All the proposed annexation areas are within the City of Denton Sewer Service Area as defined by Certificate of Convenience and Necessity (CCN) Number 20072 as issued by the Texas Commission on Environmental Quality (TCEQ). As development commences in these areas, sanitary sewer mains will be extended in accordance with the provisions of the City's codes, ordinances and regulations. City participation in the costs of these extensions shall be in accordance with applicable City ordinances and regulations. Capacity shall be provided consistent with the characteristics of topography, land utilization, and population density of the areas. The attached sewer facilities plan reflects the principal facilities currently planned by the City to provide for currently expected land utilization and population density, based on applicable City policies, ordinances and regulations. Sanitary sewer mains and lift stations installed or improved to City standards within the annexed areas which are located within dedicated easement, rights-of- way, or any other acceptable location approved by the City Engineer, shall be maintained by the City on the effective date of this ordinance. 8 Operation and maintenance of wastewater facilities in the annexed areas that are within the service area of another water utility will be the responsibility of that utility. Operation and maintenance of private wastewater facilities in the annexed area will be the responsibility of the owner. F. Water Facilities PAA 1, PAA4, DH-1, DH-2, DH-3, DH-4, DH-5, DH-6, DH-8, DH-10, DH-11, DH-13, and DH-14 annexation areas are within the City of Denton Water Service Area as defined by Certificate of Convenience and Necessity (CCN) Number 10195 as issued by the Texas Commission on Environmental Quality (TCEQ). PAA2S and PAA3 annexation areas lie within the City of Denton Water Service Area as defined by Certificate of Convenience and Necessity (CCN) Number 10195 as issued by the Texas Commission on Environmental Quality (TCEQ). Bolivar Water Supply Corporation is dually certified in portions of this area under CCN Number 11257. Connections to existing City of Denton water distribution mains for water service will be provided in accordance with existing City ordinances and policies. Upon connection to existing distribution mains, water service will be provided at rates established by city ordinance. As new development occurs within these areas, water distribution mains will be extended in accordance with Denton's Codes, ordinances and utility service policies. City participation in the costs of these extensions shall be in accordance with Denton's codes and ordinances. Water service capacity shall be provided consistent with the characteristics of topography, land use and population density of the area. Operation and maintenance of water facilities in the annexed area that are within the service area of another water utility will be the responsibility of that utility. Existing developments, businesses or homes that are on individual water wells or private water systems will be allowed to continue to remain on these systems until a request for water service is made to the City. These requests for service will be handled in accordance with the applicable utility service line extension and connection policies currently in place at the time the request for service is received. G. Roads and Streets Emergency street maintenance shall be provided within the annexation areas on the effective date of the applicable ordinance of acceptance. Routine maintenance will be provided within the annexation areas and will be scheduled as part of the City's annual program and in accordance with the current policies and procedures defined by the ordinance and/or as established by the City Council. 9 Any construction or reconstruction will be considered within the annexation areas on a City wide basis and within the context of the City's CIP and/or yearly fiscal budgetary allotments by the City Council. Roadway signage and associated posts will be replaced in priority of importance starting with regulatory signs, then warning signs, then informational signs and in conformance with fiscal allotments by the City Council. If a sign remains, it will be reviewed and placed on the City's inventory listing for routine replacement. All exiting signs will be reviewed for applicability and based upon an engineering study. New signs will be installed when necessary and based upon an engineering study. Routine maintenance of road/street markings will be placed on a priority listing and scheduled within the yearly budgetary allotments by the City Council. H. Parks, Playgrounds, Swimming Pools Residents within the areas annexed may utilize all existing park and recreation facilities, on the effective date of this ordinance. Fees for such usage shall be in accordance with current fees established by ordinance. As development commences in these areas, additional park and recreation facilities shall be constructed based on park policies defined in the Park Master Plan and as specified in the Park Dedication and Development Ordinance. The general planned locations and classifications of parks will ultimately serve residents from the current City limits and residents from areas being considered for annexation. 1. Publicly Owned Facilities Any publicly owned facility, building, or service located within the annexed area, and not otherwise owned or maintained by another governmental entity, shall be maintained by the City of Denton on the effective date of the annexation ordinance. J. Other Services Other services that may be provided by the City of Denton, such as municipal and general administration will be made available on the effective date of the annexation. The City of Denton shall provide level of services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the City of Denton with topography, land use, and population density similar to those reasonably contemplated or projected in the area. Service Plan Term This service plan shall be valid for a term of ten (10) years. Renewal of the service plan shall be at the discretion of City Council. 10 Service Plan Amendments The service plan may be amended if the City Council determines at a public hearing that changed conditions or subsequent occurrences make this service plan unworkable or obsolete. The City Council may amend the service plan to conform to the changed conditions or subsequent occurrences pursuant to Texas Local Government Code, Section 43.056. ANNEXATION OF AREA QUALIFIED FOR AGRICULTURAL USE Per Tx LGC §43.035, a municipality is prohibited from annexing land that is appraised for ad valorem tax purposes as agricultural, wild life management or timberland use under Chapter 23 of the Texas Tax Code unless the municipality offers to make a development agreement with the landowner under Tx LGC §212.172 and the landowner declines to make the agreement. The proffered development agreement may not exceed a total of forty-five (45) years, and must guarantee the continuation of the ETJ status of the qualifying area and authorize the enforcement of all regulations and planning authority of the municipality that do not interfere with the use of the area for agriculture. Id. at §43.035(b). The development agreement restricting the municipality's right to annex all or part of the property is void if the landowner files any type of subdivision plat or related development document for the area regardless of how the area is appraised for ad valorem tax purposes. Id. at §43.035(d). In accordance with Per Tx.LGC §43.035, each owner of property land that is currently appraised for ad valorem tax purposes as agricultural, wild life management or timberland use under Chapter 23 of the Texas Tax Code was offered a non-annexation development agreement. Neither the agreement nor the annexation will affect the tax exemption status of these properties. Per the Non-Annexation Agreement: The City guarantees the continuation of the extraterritorial status of all applicable properties and agrees not to annex the properties for an initial term of five (5) years. 2 The property owners covenant and agree that use of their property for the specified term of the agreement and any extensions agreed to by the parties shall be limited to farm- related and ranch-related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single-family dwelling may be located or constructed on a lot smaller than five (5) acres. The following City regulations shall apply: (a) Zoning standards; (b) The subdivision and development regulations; (c) Denton building codes; (d) Sign regulations; (e) Applicable water and wastewater connection, construction and on-site operation requirements; 11 (f) Applicable Flood Protection, Drainage and related standards; and (g) Gas Well platting, drilling and production standards. A copy of the Non-Annexation Agreement is hereby attached as Exhibit 18. PUBLIC NOTIFICATION 1. On October 29, 2009, staff mailed 1,490 notices of Intent to Annex to all owners of property within the annexation areas, property owners within 500 feet of each annexation areas, public entities, railroad companies that serve the City and are on the City's tax roll if the company's right-of-way is in the annexation area, and all independent school districts. 2. On December 23, 2009, staff mailed 224 Non-Annexation Agreements (with attached cover letter) to the owners of property appraise for ad valorem taxes as agricultural, wildlife preservation or timberland uses in accordance with Tx.LGC 43.035 and 212.172. 3. On December 30, 2009, staff mailed 375 public hearing notices to all owners of property within the annexation areas, 1,157 courtesy notices to property owners within 500 feet of the annexation areas, and 7 notices to four (4) Independent School Districts informing them of the annexation public hearings. 4. On December 30, 2009, staff mailed seven (7) letters to Denton, Argyle, Krum and Ponder Independent School Districts informing them of the proposed annexation and addressing any financial impact and utility rate changes that may result from the annexation in accordance with Tx.LGC 43.905. 5. On December 30, 2009, staff mailed three (3) public hearing notices by certified mail to the railroad companies that serve the City and is on the City's tax roll if the company's right-of-way is in the area proposed for annexation informing them of the annexation public hearing. 6. Staff also created an internet webpage for the proposed annexation (www.cityofdenton.com). The following information is posted on the webpage: a. A letter to the citizens of Denton explain the purpose and goal of the annexation; b. Notice of public hearings; C. Annexation schedule; and d. Annexation Service Plan; OPTIONS 1. Proceed with the annexation. 2. Amend the land area proposed for annexation. 3. Amend the Service Plan. 4. Amend the Non-Annexation Development Agreement 5. Discontinue annexation. 12 RECOMMENDATION In accordance with the City's annexation policy plan, approved in June 1993, City staff assessed the areas proposed annexation and has determined that the areas are located within the designated urbanizing area; are expected to accommodate urban growth in the next twenty (20) years; and are contiguous to existing city limits, city roads and rights-of-way. All the areas are located in Denton's ETJ Division 1 and the need to manage and coordinate development in an orderly manner is a significant City objective that the City of Denton is pursuing. Therefore, staff recommends that the public hearings proceed as scheduled. PRIOR ACTION/REVIEW (Council, Boards, Commissions) Staff conducted an annexation study including a priority ranking of areas identified for potential annexation. On September 1, 2009, staff presented a priority ranking of the areas proposed for annexation and received direction from the City Council to proceed with the annexation process of specific areas. On December 9, 2009, staff presented the results of the annexation study, including the goals of the proposed annexation, and planning rationale of selecting the areas identified for annexation. At the conclusion of the presentation, the Planning and Zoning Commission voted unanimously to recommend annexation of the identified areas. 1st Public Hearing was held on January 12, 2010. EXHIBITS 1. Combined Proposed Annexation Area Location Map 2. Individual Annexation Are Location Map (including area survey and meets and bounds description of each area) 3. Service Plans 4. Non-Annexation Agreement 5. Notification Information 6. Annexation Schedule Prepared by: Respectfully submitted: Mark Cunningham, AICP, CPM Director of Planning and Development Fred Greene Assistant City Manager 13 EXHIBIT I Areas Proposed for Annexation 14 EXHIBIT 2 PAA1 South side of Jim Christal Road; north side of Tom Cole Road; west of Masch Branch Road 15 PAA1 Area Survey I PAM 16 PAA1 Metes and Bounds Description Beginning at a point at the Southwest corner of C Wolfe and Jim Christal whose Northing is 7129689.000 and whose Easting is 2356451.500 ; thence bearing N 1-20-16.263 E a distance of 59.516 feet, to a point; thence bearing N 89-46-14.501 E a distance of 874.617 feet, to a point; thence bearing N 89-42-6.359 E a distance of 672.509 feet, to a point; thence bearing N 89-42-58.119 E a distance of 1008.764 feet, to a point; thence bearing N 89-35-56.366 E a distance of 857.520 feet, to a point; thence bearing S 89-18-41.884 E a distance of 124.759 feet, to a point; thence bearing S 88-36-39.180 E a distance of 123.787 feet, to a point; thence bearing S 84-28-21.424 E a distance of 62.290 feet, to a point; thence bearing S 80-30-29.778 E a distance of 78.829 feet, to a point; thence bearing S 84-29-32.119 E a distance of 41.692 feet, to a point; thence bearing S 85-10-47.051 E a distance of 83.295 feet, to a point; thence bearing S 89-29-2.947 E a distance of 55.503 feet, to a point; thence bearing S 17-49-10.817 W a distance of 66.175 feet, to a point; thence bearing S 11-40-18.079 E a distance of 326.246 feet, to a point; thence bearing S 5-2-48.539 W a distance of 386.498 feet, to a point; thence bearing S 16-59-1.547 W a distance of 221.668 feet, to a point; thence bearing S 8-54-58.302 E a distance of 172.585 feet, to a point; thence bearing S 89-10-46.130 W a distance of 35.003 feet, to a point; thence bearing S 11-16-43.139 E a distance of 181.505 feet, to a point; thence bearing S 25-4-12.518 W a distance of 308.570 feet, to a point; thence bearing S 26-43-50.560 E a distance of 232.328 feet, to a point; thence bearing S 80-34-13.120 E a distance of 143.438 feet, to a point; thence bearing N 52-19-9.684 E a distance of 265.026 feet, to a point; thence bearing N 1-18-33.658 E a distance of 87.522 feet, to a point; thence bearing N 72-44-28.292 E a distance of 107.858 feet, to a point; thence bearing S 58-28-24.731 E a distance of 161.602 feet, to a point; thence bearing S 77-23-51.736 E a distance of 126.037 feet, to a point; thence bearing S 43-15-44.677 E a distance of 355.661 feet, to a point; thence bearing S 25-43-48.923 W a distance of 399.069 feet, to a point; thence bearing S 25-42-6.939 W a distance of 237.498 feet, to a point; thence bearing S 39-10-7.214 W a distance of 241.844 feet, to a point; thence bearing S 42-46-6.229 W a distance of 40.866 feet, to a point; thence bearing S 89-29-41.381 E a distance of 794.032 feet, to a point; thence bearing S 0-35-26.260 E a distance of 630.531 feet, to a point; thence bearing N 89-42-42.660 E a distance of 2385.779 feet, to a point; thence bearing S 0-24-7.380 W a distance of 1852.546 feet, to a point; thence bearing N 89-17-0.913 E a distance of 382.786 feet, to a point; thence bearing S 0-22-52.317 W a distance of 2706.346 feet, to a point; thence bearing S 89-26-14.706 W a distance of 3513.670 feet, to a point; thence bearing S 89-50-10.589 W a distance of 1750.007 feet, to a point; thence bearing N 89-16-33.764 W a distance of 1939.154 feet, to a point; 17 thence bearing N 89-47-7.798 W a distance of 534.253 feet, to a point; thence bearing N 50-30-16.581 W a distance of 53.456 feet, to a point; thence bearing N 15-15-18.996 W a distance of 74.113 feet, to a point; thence bearing N 1-10-32.656 E a distance of 134.028 feet, to a point; thence bearing N 5-27-55.914 W a distance of 162.740 feet, to a point; thence bearing N 2-9-50.674 W a distance of 172.123 feet, to a point; thence bearing N 14-2-13.376 W a distance of 67.001 feet, to a point; thence bearing N 26-10-10.859 W a distance of 259.056 feet, to a point; thence bearing N 22-53-4.501 W a distance of 66.211 feet, to a point; thence bearing N 8-35-1.855 W a distance of 80.400 feet, to a point; thence bearing N 8-2-32.283 W a distance of 69.687 feet, to a point; thence bearing N 18-59-23.361 W a distance of 130.608 feet, to a point; thence bearing N 11-22-45.968 W a distance of 81.094 feet, to a point; thence bearing N 14-42-53.963 W a distance of 71.856 feet, to a point; thence bearing N 0-23-33.124 E a distance of 1423.534 feet, to a point; thence bearing N 0-58-28.118 E a distance of 2454.855 feet, to a point; thence bearing N 1-1-13.820 E a distance of 2638.918 feet to the Point of Beginning Totaling 1,171 acres (snore or less). 18 EXHIBIT 3 PAA2S South side of FM 11731; north of W. University Drive; west of I-35 19 PAA2S Area Survey L' =1 PAA2 20 PAA2S Metes and Bounds Description of PAA2 South Beginning at a point at the Southeast corner of FM 1173 and the KCS RR Right-of-way whose Northing is 7143750.157 and whose Easting is 2368107.853 ; thence bearing S 22-46-40.974 E a distance of 1860.040 feet, to a point; thence bearing S 88-58-0.637 E a distance of 3424.574 feet, to a point; thence bearing S 3-24-56.072 E a distance of 1099342 feet, to a point; thence bearing N 89-45-44.664 W a distance of 168.967 feet, to a point; thence bearing S 0-14-12.183 E a distance of 1242.118 feet, to a point; thence bearing S 0-53-15.946 W a distance of 610.617 feet, to a point; thence bearing S 89-44-59.684 W a distance of 1911.065 feet, to a point; thence bearing S 0-51-50.067 E a distance of 1201.586 feet, to a point; thence bearing S 22-14-47.998 E a distance of 350.668 feet, to a point; thence bearing S 25-30-25.019 E a distance of 550.038 feet, to a point; thence bearing S 29-43-54.769 E a distance of 373.473 feet, to a point; thence bearing S 33-0-1.477 E a distance of 639.036 feet, to a point; thence bearing N 89-56-59.926 W a distance of 2792.668 feet, to a point; thence bearing S 0-4-10.409 W a distance of 2677.002 feet, to a point; thence bearing N 88-0-56.578 W a distance of 1530.668 feet, to a point; thence bearing N 0-11-26.554 W a distance of 3455.019 feet, to a point; thence bearing N 51-34-30.700 W a distance of 57.121 feet, to a point; thence bearing S 89-58-5.225 W a distance of 898.500 feet, to a point; thence bearing S 0-0-22.779 W a distance of 2262.500 feet, to a point; thence bearing N 89-4-52.207 W a distance of 1153.648 feet, to a point; thence bearing S 0-30-12.147 W a distance of 967.537 feet, to a point; thence bearing N 87-55-54.510 W a distance of 1382.886 feet, to a point; thence bearing N 0-20-37.819 W a distance of 3227.629 feet, to a point; thence bearing N 0-16-50.641 E a distance of 1406.370 feet, to a point; thence bearing N 0-15-16.872 W a distance of 825.173 feet, to a point; thence bearing N 0-9-46.580 E a distance of 2797.996 feet, to a point; thence bearing N 89-43-32.484 W a distance of 4326 feet, to a point; thence bearing N 0-25-3.822 W a distance of 513.013 feet, to a point; thence bearing S 89-47-50.944 E a distance of 424.494 feet, to a point; thence bearing N 0-20-16.226 E a distance of 1272.023 feet, to a point; thence bearing S 89-47-56.882 E a distance of 713.004 feet, to a point; thence bearing S 87-44-38.265 E a distance of 1143.136 feet, to a point; thence bearing S 88-17-57.055 E a distance of 963338 feet, to a point; thence bearing S 87-59-17.581 E a distance of 1545391 feet to the Point of Beginning Totaling 1,472 acres (snore or less). 21 EXHIBIT 4 PAA3 South side of Ganzer Road; north and south of Barthold Road; north of FM 1173; west of I-35 PAA3 L~gend Annexation Area 1 C~~ a-s P,ic=s 22 PAA3 Area Survey - Vv, PAA3 23 J PAA3 Metes and Bounds Description Beginning at a point at the intersection of FM 1173 and the east side of the KCS RR Right-of- way whose Northing is 7143792.613 and whose Easting is 2368073306 ; thence bearing N 22-2-29.770 W a distance of 45.722 feet, along the KCS RR Right-of-way to a point; thence bearing N 22-42-12.240 W a distance of 3287.662 feet, along the KCS RR Right-of-way to a point; thence bearing N 24-45-28.682 W a distance of 1985.196 feet, along the KCS RR Right-of-way to a point; thence bearing N 27-31-42.288 W a distance of 2100.730 feet, along the KCS RR Right-of-way to a point; thence bearing N 27-42-44.545 W a distance of 2088.896 feet, along the KCS RR Right-of-way to a point on the South side of Ganzer West; thence bearing N 89-34-36.871 E a distance of 815.649 feet, along the South side of Ganzer West to a point; thence bearing S 89-46-30.496 E a distance of 2138.907 feet, along the South side of Ganzer West to a point; thence bearing S 89-54-49.745 E a distance of 4771.056 feet, along the South side of Ganzer West to a point; thence bearing S 75-58-55.612 E a distance of 229.854 feet, to a point; thence bearing S 1-7-7.926 E a distance of 6383305 feet, to a point; thence bearing S 2-42-51.227 E a distance of 518.648 feet, to a point; thence bearing S 0-3-3.747 W a distance of 39.951 feet, to a point; thence bearing N 89-40-1.676 W a distance of 2392.118 feet, to a point; thence bearing S 0-21-51.605 W a distance of 1605.487 feet, to a point; thence bearing S 0-29-12.632 W a distance of 57.428 feet, to a point; thence bearing N 87-45-16.859 W a distance of 1636.451 feet to the Point of Beginning Totaling 1,075 acres (snore or less). 24 EXHIBIT 5 PAA4 South side of Milam Road; north of Loop 288; east of I-35 Half Mile Courtesy Notice Boundary i PAA4 Area Proposed for Annexation 1,558 111 Acres PAA4 s Annexation '°t°'~NTC)N' Area 25 PAA4 Area Survey J. PAA4 ( I U l~ j,311~E'f I' 26 PAA4 Metes and Bounds Description Beginning at a point on the South side of FM 3103, at the Northwest corner of the parcel; thence bearing S 87-51-29.451 E a distance of 588.662 feet, to a point; thence bearing N 89-52-24340 E a distance of 1067.179 feet, to a point; thence bearing N 89-54-17.426 E a distance of 2193.075 feet, to a point; thence bearing S 85-11-25.089 E a distance of 310.092 feet, to a point; thence bearing S 0-16-4.113 W a distance of 1605.019 feet, to a point; thence bearing S 0-17-15.417 W a distance of 1394.016 feet, to a point; thence bearing S 89-52-43.884 E a distance of 1419.253 feet, to a point; thence bearing S 89-12-38.705 E a distance of 1234.117 feet, to a point; thence bearing S 3-8-39.775 E a distance of 1481.230 feet, to a point; thence bearing S 0-42-39.962 E a distance of 3323.757 feet, to a point; thence bearing N 89-12-10.426 W a distance of 575.055 feet, to a point; thence bearing S 89-22-27.238 W a distance of 2105.875 feet, to a point; thence bearing S 0-42-56.602 E a distance of 40.004 feet, to a point; thence bearing S 89-26-32.783 W a distance of 976.296 feet, to a point; thence bearing S 0-34-20.965 W a distance of 1926.596 feet, to a point; thence bearing S 88-36-17.433 E a distance of 1519.700 feet, to a point; thence bearing S 1-59-13.141 W a distance of 158.595 feet, to a point; thence bearing S 89-29-12.097 E a distance of 502.271 feet, to a point; thence bearing S 0-37-27.834 W a distance of 1766.605 feet, to a point; thence bearing N 89-42-34.469 W a distance of 296.003 feet, to a point; thence bearing S 0-43-40.097 W a distance of 1810.646 feet, to a point; thence bearing N 89-36-16.212 W a distance of 289.757 feet, to a point; thence bearing S 0-29-45.674 W a distance of 462.017 feet, to a point; thence bearing S 89-37-47.791 W a distance of 1548.282 feet, to a point; thence bearing N 57-2-30.674 W a distance of 1096.454 feet, to a point; thence bearing N 0-18-44.001 E a distance of 1697.524 feet, to a point; thence bearing N 0-1-42.257 E a distance of 502.501 feet, to a point; thence bearing S 89-27-40.813 E a distance of 1010.546 feet, to a point; thence bearing N 0-33-29.757 E a distance of 564.527 feet, to a point; thence bearing N 89-44-24.826 W a distance of 3211.127 feet, to a point; thence bearing N 1-8-46.697 W a distance of 1966.362 feet, to a point; thence bearing N 1-24-25.943 W a distance of 3148.422 feet, to a point; thence bearing N 89-52-54.740 W a distance of 242.501 feet, to a point; thence bearing N 0-7-49.191 E a distance of 2725.098 feet, to a point; thence bearing N 0-32-39.594 E a distance of 1159.653 feet, to a point; thence bearing N 0-32-31.773 E a distance of 1031.613 feet, to a point; thence bearing S 89-38-31.929 E a distance of 201.526 feet, to a point; thence bearing N 0-15-53.741 E a distance of 432.505 feet, to a point; thence bearing S 89-4-17.890 E a distance of 154.271 feet, to a point; thence bearing N 0-15-37.421 E a distance of 275.003 feet to the Point of Beginning Totaling 1,555 acres (more or less). 27 EXHIBIT 6 DH-1 East of H. Lively Road; south of FM 2449; west side of John Paine Road 28 DH-1 Area Survey 29 DH-1 Metes and Bounds Description Beginning at a point on the East side of John Paine whose Northing is 7107068.027 and whose Easting is 2368515.920 ; thence bearing S 89-58-11.967 W a distance of 50.919 feet, to a point on the West side of John Paine; thence bearing N 0-14-0.885 W a distance of 2698.521 feet, along the west Right of Way of John Paine to a point ; thence bearing S 88-55-19.287 W a distance of 2471.688, feet, to a point; thence bearing S 89-31-13.670 W a distance of 657.022, feet, to a point; thence bearing N 0-25-42.181 W a distance of 2210.746 feet, to a point; thence bearing N 89-24-36.065 E a distance of 224.790 feet, to a point; thence bearing N 0-3-43.331 E a distance of 1615.502 feet, to a point; thence bearing S 88-54-17.294 W a distance of 4604.090 feet, to a point; thence bearing S 0-28-32.493 E a distance of 692.523 feet, to a point; thence bearing S 88-21-58.780 W a distance of 1122.456 feet, to a point; thence bearing N 0-28-3.750 W a distance of 704.525 feet, to a point; thence bearing S 89-2-44.916 W a distance of 2552.103 feet, to a point at the Southeast corner of C Wolfe and FM 2499; thence bearing N 2-55-4.230 E a distance of 103.132 feet, to a point at the Northeast corner of C Wolfe and FM 2499; thence bearing N 89-9-0.039 E a distance of 5190.571 feet, along FM 2499, to a point; thence bearing N 88-52-29.176 E a distance of 3106.348 feet, to a point thence bearing S 89-38-33.626 E a distance of 882.017 feet, to a point thence bearing N 89-44-42.650 E a distance of 2023.520 feet, to a point; thence bearing S 0-0-0.000 E a distance of 15.499 feet, to a point; thence bearing N 89-48-0.674 E a distance of 270.576 feet, to a point; thence bearing S 43-52-25.504 W a distance of 355.049 feet, to a point ; thence bearing S 0-14-17.031 E a distance of 6298.528 feet to the Point of Beginning, Totaling 315 acres (more or less). 30 EXHIBIT 7 DH-2 South side of University Drive; west and east sides of Thomas J. Egan Road; north of Jim Christal Road; west of Masch Branch Road 31 DH-2 Area Survey 32 DH-2 Metes and Bounds Description Beginning at a point whose Northing is 7132981.752 and whose Easting is 2359514.554 ; thence bearing S 88-34-2.028 E a distance of 444.692 feet, to a point; thence bearing S 87-49-10.003 E a distance of 5585.032 feet, to a point; thence bearing S 0-16-22.126 W a distance of 3551.151 feet, to a point; thence bearing N 87-25-41.430 W a distance of 579.021 feet, to a point; thence bearing N 87-51-40.547 W a distance of 535.872 feet, to a point; thence bearing N 75-40-56.055 W a distance of 111.205 feet, to a point thence bearing N 0-1-49.274 E a distance of 473.000 feet, to a point; thence bearing N 89-53-28.873 E a distance of 791.251 feet, to a point; thence bearing N 0-39-1.617 W a distance of 1013.064 feet, to a point; thence bearing S 89-47-37.415 E a distance of 138.752 feet, to a point; thence bearing N 0-7-7.721 E a distance of 1686.504 feet, to a point; thence bearing N 89-38-59.760 W a distance of 2618.798 feet, to a point; thence bearing S 0-11-57.296 E a distance of 3028.201 feet, to a point; thence bearing S 89-28-24351 W a distance of 959.820 feet, to a point; thence bearing S 89-33-20.026 W a distance of 193.007 feet, to a point; thence bearing N 70-38-4.733 W a distance of 107.057 feet, to a point; thence bearing N 64-20-40.832 W a distance of 147.823 feet, to a point; thence bearing N 66-59-8.151 W a distance of 184.158 feet, to a point; thence bearing N 49-4-11.599 W a distance of 94.638 feet, to a point; thence bearing N 58-6-33.938 W a distance of 119.250 feet, to a point; thence bearing N 10-18-17.864 W a distance of 156.524 feet, to a point; thence bearing N 9-20-36323 W a distance of 120.094 feet, to a point; thence bearing N 9-24-6.187 W a distance of 232.624 feet, to a point; thence bearing N 9-0-17.205 W a distance of 627.738 feet, to a point; thence bearing N 9-34-36.609 W a distance of 123.217 feet, to a point; thence bearing N 9-56-13.509 W a distance of 139.087 feet, to a point; thence bearing S 89-37-8.481 W a distance of 1128.023 feet, to a point; thence bearing N 0-5-15.162 W a distance of 164.000 feet, to a point; thence bearing S 83-32-21.804 W a distance of 13334 feet, to a point; thence bearing N 0-3-53.583 W a distance of 1718.253 feet to the Point of Beginning, Totaling 258 acres (more or less). 33 EXHIBIT 8 DH-3 South side of Spring Side Road; north, south and west of Corbin Road; west of I-35 34 DH-3 Area Survey F.M. 1515 - a - - - ..f. I.: Sprirgwa _ - - - - DH 3 7' Corbin r ~eci-r rc i i ~-s - I F r. _ 303dd61t - J t - - 35 DH-3 Metes and Bounds Description Beginning at a point on the South side of Corbin, west of Interstate 35 whose Northing is 7117285381 and whose Easting is 2374166.459 ; thence bearing S 24-40-37.794 W a distance of 1442.845 feet, to a point; thence bearing S 27-13-18.485 W a distance of 1883.958 feet, to a point; thence bearing N 63-40-41.752 W a distance of 1107.264 feet, to a point; thence bearing S 89-52-7.882 W a distance of 1808.171 feet, to a point on the East side of Underwood; thence bearing N 0-52-15.276 E a distance of 368.699 feet, along Underwood, to a point; thence bearing N 3-19-36.584 E a distance of 659.112 feet, along Underwood, to a point; thence bearing N 6-6-22.584 W a distance of 115.152 feet, along Underwood, to a point; thence bearing N 2-48-23.605 W a distance of 153.184 feet, along Underwood, to a point; thence bearing N 1-38-11.219 E a distance of 87.536 feet, along Underwood, to a point; thence bearing N 1-39-56.961 E a distance of 86.037 feet, along Underwood, to a point; thence bearing N 7-20-7.715 E a distance of 135.105 feet, along Underwood, to a point; thence bearing N 2-12-19.662 E a distance of 376.779 feet, along Underwood, to a point; thence bearing N 0-55-18.228 W a distance of 1787.232 feet, along Underwood, to a point at the Southeast corner of Underwood and Springway; thence bearing N 89-46-25.044 E a distance of 1771.514 feet, along the South side of Springway, to a point; thence bearing S 89-56-39.501 E a distance of 50.067 feet, along the South side of Springway, to a point at the Southeast corner of Springway and Corbin; thence bearing N 0-12-33.158 W a distance of 18.549 feet, along the East side of Corbin to a point; thence bearing N 0-3-30.136 W a distance of 1963.001 feet, along the East side of Corbin to a point; thence bearing N 89-59-9.284 E a distance of 2031.253 feet, to a point; thence bearing S 0-3-44.261 E a distance of 3218.001 feet, to a point; thence bearing N 89-52-15.775 E a distance of 377.034 feet, to a point; thence bearing S 2-10-43.868 E a distance of 37.495 feet to the Point of Beginning, Totaling 421 acres (more or less). 36 EXHIBIT 9 DH-4 East side of Bonnie Brae Street; west of Fort Worth Drive; east and west of Vintage 37 DH-4 Area Survey t-' t 38 DH-4 Metes and Bounds description Beginning at a point at the most southerly point of the Parcel; thence bearing S 27-33-15.748 W a distance of 3863.223 feet, to a point; thence bearing N 0-16-59.586 W a distance of 557.971 feet, to a point; thence bearing S 88-39-35.972 W a distance of 22.920 feet, to a point; thence bearing N 2-33-29.382 W a distance of 22.120 feet, to a point; thence bearing N 1-3-12.880 W a distance of 3263.051 feet, to a point; thence bearing N 2-1-1.678 W a distance of 550.164 feet, to a point; thence bearing N 2-1-0.688 W a distance of 387.417 feet, to a point; thence bearing N 0-57-16.578 W a distance of 1665.733 feet, to a point; thence bearing N 3-20-14.187 W a distance of 60.101 feet, to a point; thence bearing N 89-11-8.700 E a distance of 3201.823 feet, to a point; thence bearing N 0-35-20.560 W a distance of 2310.121 feet, to a point; thence bearing S 83-3-4.615 E a distance of 90.918 feet, to a point; thence bearing S 78-12-21.285 E a distance of 46.480 feet, to a point; thence bearing S 72-58-48.385 E a distance of 51.244 feet, to a point; thence bearing S 79-49-4.622 E a distance of 42.421 feet, to a point; thence bearing S 43-58-3.456 E a distance of 68.776 feet, to a point; thence bearing S 52-33-37.104 E a distance of 40.301 feet, to a point; thence bearing S 43-40-5.855 E a distance of 38.018 feet, to a point; thence bearing S 40-51-41.796 E a distance of 41.652 feet, to a point; thence bearing S 62-52-52.048 E a distance of 46.064 feet, to a point; thence bearing S 70-37-26.808 E a distance of 48.233 feet, to a point; thence bearing S 77-3-11.060 E a distance of 44.634 feet, to a point; thence bearing S 72-46-21.905 E a distance of 33.766 feet, to a point; thence bearing S 88-37-44.672 E a distance of 41.762 feet, to a point; thence bearing S 84-55-8.435 E a distance of 33.883 feet, to a point; thence bearing N 87-20-5.196 E a distance of 43.046 feet, to a point; thence bearing N 84-54-21.954 E a distance of 39.406 feet, to a point; thence bearing N 74-34-41.195 E a distance of 37.605 feet, to a point; thence bearing N 86-4-41.369 E a distance of 43.853 feet, to a point; thence bearing N 84-41-15.910 E a distance of 43.185 feet, to a point; thence bearing N 85-1-33.940 E a distance of 23.087 feet, to a point; thence bearing S 50-54-27.413 E a distance of 30.923 feet, to a point; thence bearing S 34-10-39.926 E a distance of 48.955 feet, to a point; thence bearing S 29-35-1.426 E a distance of 55.196 feet, to a point; thence bearing S 1-3-41.170 E a distance of 40.507 feet, to a point; thence bearing S 13-3-32.850 E a distance of 49.788 feet, to a point; thence bearing S 2-44-22.362 E a distance of 47.053 feet, to a point; thence bearing S 17-6-9.357 E a distance of 47.606 feet, to a point; thence bearing S 23-55-56.016 E a distance of 48.686 feet, to a point; thence bearing S 22-7-30.325 E a distance of 57.752 feet, to a point; thence bearing S 13-35-8.732 E a distance of 61.728 feet, to a point; thence bearing S 7-59-56.637 E a distance of 77.252 feet, to a point; 39 thence bearing S 6-41-32.627 E a distance of 49336 feet, to a point; thence bearing S 12-36-59.808 E a distance of 53.799 feet, to a point; thence bearing S 10-2-7.737 E a distance of 57378 feet, to a point; thence bearing S 10-43-27.731 E a distance of 67.172 feet, to a point; thence bearing S 8-43-47.924 E a distance of 64.245 feet, to a point; thence bearing S 10-21-25.306 E a distance of 73.699 feet, to a point; thence bearing S 10-47-42.603 E a distance of 60.064 feet, to a point; thence bearing S 6-24-17.566 E a distance of 49307 feet, to a point; thence bearing S 16-30-10.853 E a distance of 56320 feet, to a point; thence bearing S 18-2-7.258 E a distance of 67.832 feet, to a point; thence bearing S 20-15-21.695 E a distance of 67.155 feet, to a point; thence bearing S 23-6-14.727 E a distance of 59.251 feet, to a point; thence bearing S 21-50-24.781 E a distance of 67.873 feet, to a point; thence bearing S 28-29-43.499 E a distance of 59.737 feet, to a point; thence bearing S 24-30-48.041 E a distance of 68.690 feet, to a point; thence bearing S 15-54-29.645 E a distance of 51.992 feet, to a point; thence bearing S 25-17-50.324 E a distance of 70.789 feet, to a point; thence bearing S 21-47-57.326 E a distance of 43.081 feet, to a point; thence bearing S 16-3-15.166 E a distance of 55.151 feet, to a point; thence bearing S 8-53-51.949 E a distance of 50.102 feet, to a point; thence bearing S 16-59-26.935 E a distance of 65.875 feet, to a point; thence bearing S 14-24-24.570 E a distance of 56.270 feet, to a point; thence bearing S 11-23-45.941 E a distance of 65.797 feet, to a point; thence bearing S 8-22-39.635 E a distance of 65.196 feet, to a point; thence bearing S 20-2-25.224 E a distance of 64.931 feet, to a point; thence bearing S 5-6-13.328 E a distance of 42.168 feet, to a point; thence bearing S 39-5-45.574 W a distance of 677.112 feet, to a point; thence bearing S 42-31-25.721 W a distance of 898.489 feet, to a point; thence bearing S 45-8-9.563 W a distance of 164.579 feet, to a point; thence bearing S 41-5-1.671 W a distance of 291.500 feet, to a point; thence bearing S 43-46-55.460 W a distance of 856.679 feet, to a point; thence bearing S 42-15-37.319 W a distance of 351.302 feet, to a point; thence bearing S 38-51-27.543 W a distance of 259.406 feet, to a point; thence bearing S 35-2-44.802 W a distance of 175.888 feet, to a point; thence bearing S 88-45-32.518 W a distance of 346332 feet, to a point; thence bearing S 30-5-40.892 W a distance of 542.972 feet, to a point; thence bearing N 87-54-13.986 E a distance of 404.031 feet to the Point of Beginning Totaling 347 acres (snore or less). 40 EXHIBIT 10 DH-5 East side of Fort Worth Drive; west of Country Club Drive; north of Bush Creek Road 41 DH-5 Area Survey - - u~. 1 VV Ryan Rc 42 DH-5 Metes and Bounds Description Beginning at a point on the East side of Fort Worth Drive whose Northing is 7107925.000 and whose Easting is 2378481.000 ; thence bearing N 37-57-3.018 E a distance of 265.048 feet, to a point; thence bearing N 39-41-33.963 E a distance of 64.977 feet, to a point; thence bearing N 42-57-19.119 E a distance of 1453.637 feet, to a point; thence bearing S 89-43-3.814 E a distance of 783.862 feet, to a point; thence bearing N 44-46-15.958 E a distance of 816.937 feet, to a point; thence bearing S 28-23-3.098 E a distance of 70.471 feet, to a point; thence bearing S 34-31-23.972 E a distance of 95.279 feet, to a point; thence bearing S 41-18-33.874 E a distance of 87.863 feet, to a point; thence bearing S 39-7-57.273 E a distance of 70.905 feet, to a point; thence bearing S 33-49-20.571 E a distance of 120.372 feet, to a point; thence bearing S 56-35-20.165 E a distance of 85.355 feet, to a point; thence bearing S 80-0-22.928 E a distance of 57.625 feet, to a point; thence bearing S 0-22-8.161 E a distance of 970.520 feet, to a point; thence bearing N 89-49-28.434 E a distance of 2612.763 feet, to a point on the West side of Country Club Road; thence bearing S 1-1-5.602 E a distance of 1491.236 feet, to a point; thence bearing S 89-42-52.433 W a distance of 501.755 feet, to a point; thence bearing S 0-24-31.639 W a distance of 455.511 feet, to a point; thence bearing S 89-22-57.563 E a distance of 510.529 feet, to a point; thence bearing S 0-48-25.186 E a distance of 639.064 feet, to a point; thence bearing S 1-0-56.302 E a distance of 352.555 feet, to a point; thence bearing S 3-13-28.380 E a distance of 71.112 feet, to a point; thence bearing S 7-10-54.983 E a distance of 64.002 feet, to a point; thence bearing S 7-46-49.917 E a distance of 81.248 feet, to a point; thence bearing S 3-46-48.508 E a distance of 140.305 feet, to a point; thence bearing S 0-16-10.629 W a distance of 106.502 feet, to a point; thence bearing S 3-39-47.714 W a distance of 82.167 feet, to a point; thence bearing S 6-42-34.585 W a distance of 179.732 feet, to a point; thence bearing S 0-4-49.098 E a distance of 1070.501 feet, to a point; thence bearing S 3-51-13.578 W a distance of 193.437 feet, to a point; thence bearing S 12-26-58.442 W a distance of 39.427 feet, to a point; thence bearing S 17-29-10.708 W a distance of 38.268 feet, to a point; thence bearing S 25-40-14.070 W a distance of 71.564 feet, to a point; thence bearing S 36-10-44.376 W a distance of 41.504 feet, to a point; thence bearing S 39-18-25.435 W a distance of 58.803 feet, to a point; thence bearing S 47-52-17.387 W a distance of 52.923 feet, to a point; thence bearing S 44-11-9.777 W a distance of 74.607 feet, to a point; thence bearing S 68-11-53.260 W a distance of 37.696 feet, to a point; thence bearing S 58-32-50.842 W a distance of 412.040 feet, to a point; thence bearing S 89-12-47.933 W a distance of 655.562 feet, to a point; thence bearing N 1-3-16.087 W a distance of 2635.447 feet, to a point; 43 thence bearing S 89-31-51.093 W a distance of 1282.542 feet, to a point; thence bearing N 0-0-0.000 E a distance of 2604.501 feet, to a point; thence bearing N 90-0-0.000 W a distance of 75.002 feet, to a point; thence bearing S 88-44-19.138 W a distance of 1249302 feet, to a point; thence bearing S 4-52-25.690 W a distance of 194.203 feet, to a point; thence bearing S 88-19-53.726 W a distance of 1682.964 feet to the Point of Beginning Totaling 307 acres (snore or less). 44 EXHIBIT II DH-6 East side of Teasley Lane; north of Hickory Creek Road; west of Lipizzan Court Half Mile Courtesy Notice Boundary DH6 Area Proposed for Annexation 9.12 Acres DH6 Annexation s wr~;*r Area 9.12 Acres: 2 Parcels o 45 DH-6 Area Survey - LIELFEEF- T- - I 1111 t-~Ci ~ _ II 7~ - r,, u Lj. If , I - --gym r _ t E L DH 6 POiPIt Of e0ir7ning Hickory Creek Rd TITClT1h _____n C T ~Tj- gym C C C_! t,~~11111I~11iIiilliii CL~CLC n _ C =1 1 ~~-rl TT 1 P~~9'ant~~ito l LL - 46 DH-6 Metes and Bounds Description Beginning at a point on the East side of Teasley Lane;; thence bearing N 1-30-49.289 W a distance of 535.127 feet along Teasely Lane, to a point; thence bearing N 89-49-57.560 E a distance of 727.402 feet, to a point; thence bearing S 4-12-21.540 W a distance of 599.825 feet, to a point; thence bearing N 84-46-47.648 W a distance of 672.058 feet to the Point of Beginning Totaling 9 acres (more or less). 47 EXHIBIT 12 DH-8 West of Old Edwards Road; north and south of Edwards Road 48 DH-8 Area Survey rc u~ ,a 7-1 - 6 - - T ' j 49 DH-8 Metes and Bounds Description Beginning at a point on Edwards Road whose Northing is 7114646.443 and whose Easting is 2401662.349 ; thence bearing N 0-53-45.698 E a distance of 707392 feet, to a point; thence bearing S 88-17-31.252 E a distance of 965.049 feet, to a point; thence bearing S 86-41-32.877 E a distance of 49.821 feet, to a point; thence bearing S 1-37-5.948 W a distance of 252.961 feet, to a point; thence bearing S 3-42-42.299 E a distance of 33.779 feet, to a point; thence bearing S 8-10-27.062 E a distance of 38.686 feet, to a point; thence bearing S 10-48-17.440 E a distance of 38.247 feet, to a point; thence bearing S 10-48-17.440 E a distance of 281.929 feet, to a point; thence bearing S 34-53-25.666 E a distance of 33.070 feet, to a point; thence bearing S 65-48-24.132 E a distance of 35.082 feet, to a point; thence bearing S 68-32-37.907 E a distance of 15.377 feet, to a point; thence bearing S 87-21-5.029 E a distance of 467.937 feet, to a point; thence bearing S 88-45-27.867 E a distance of 779.731 feet, to a point; thence bearing S 2-10-1.022 W a distance of 609.531 feet, to a point; thence bearing N 88-8-43.664 W a distance of 836.950 feet, to a point; thence bearing N 2-23-53.153 E a distance of 561.907 feet, to a point; thence bearing N 87-57-30.900 W a distance of 407.091 feet, to a point; thence bearing N 83-29-55.127 W a distance of 44.139 feet, to a point; thence bearing N 67-30-43.951 W a distance of 18.737 feet, to a point; thence bearing N 62-9-1.137 W a distance of 17.430 feet, to a point; thence bearing S 88-42-24.166 W a distance of 113.368 feet, to a point; thence bearing N 87-45-50.590 W a distance of 966.137 feet to the Point of Beginning Totaling 29 acres (more or less). 50 EXHIBIT 13 DH-10 South side of East McKinney; east and west of Lakey Circle Half Mile Courtesy Notice Boundary 51 DH-10 Area Survey I T - a -a , " Point of Beginning 52 DH-10 Metes and Bounds Description Beginning at a point at the Southeast portion of the parcel whose Northing is 7118467.000 and whose Easting is 2410357.250 ; thence bearing S 88-35-2.098 W a distance of 1497.207 feet ; thence bearing N 1-15-6.120 E a distance of 2849.680 feet ; thence bearing S 67-15-8.699 E a distance of 1630.581 feet ; thence bearing S 1-49-5.521 W a distance of 2182.599 feet ; thence bearing S88-43-24 W a distance of 0.118 feet to the Point of Beginning Totaling 87 acres (snore or less). 53 EXHIBIT 14 DH-11 Southeast of the intersection of Mayhill Road and McKinney Street 386.70 Acres: 14 Parcels 54 DH-11 Area Survey 55 DH-11 Metes and Bounds Description Beginning at a point on the East side of South Mayhill Road whose Northing is 7123334.000 and whose Easting is 2401517.750 ; thence bearing N 1-37-24.904 E a distance of 873.601 feet, to a point; thence bearing N 1-50-50.604 E a distance of 488.504 feet, to a point; thence bearing N 5-10-0.795 E a distance of 977.557 feet, to a point; thence bearing N 6-13-58.917 E a distance of 224.684 feet, to a point; thence bearing S 75-53-51.910 E a distance of 212.955 feet, to a point; thence bearing S 75-17-6.093 E a distance of 196.429 feet, to a point; thence bearing S 74-34-19.551 E a distance of 196.429 feet, to a point; thence bearing S 73-51-33.450 E a distance of 196.430 feet, to a point; thence bearing S 73-8-47.186 E a distance of 196.429 feet, to a point; thence bearing S 72-26-1.272 E a distance of 196.429 feet, to a point; thence bearing S 71-43-14.788 E a distance of 196.429 feet, to a point; thence bearing S 71-0-28.676 E a distance of 196.429 feet, to a point; thence bearing S 70-17-42.308 E a distance of 196.429 feet, to a point; thence bearing S 72-55-26.171 E a distance of 253.821 feet, to a point; thence bearing S 2-40-40.283 W a distance of 1076.939 feet, to a point; thence bearing S 87-45-46.979 E a distance of 169.259 feet, to a point; thence bearing S 2-32-54.912 W a distance of 796.971 feet, to a point; thence bearing S 87-7-52.447 E a distance of 803.440 feet, to a point; thence bearing N 2-45-13.164 E a distance of 1445.283 feet, to a point; thence bearing S 61-43-40.563 E a distance of 884.162 feet, to a point; thence bearing S 53-16-16.402 E a distance of 1081.599 feet, to a point; thence bearing N 83-11-36.105 E a distance of 48.349 feet, to a point; thence bearing S 52-16-27.439 E a distance of 1326.672 feet, to a point; thence bearing S 1-55-14.385 W a distance of 4205.824 feet, to a point; thence bearing S 84-29-4.396 W a distance of 452.596 feet, to a point; thence bearing N 15-5-26.078 W a distance of 672.180 feet, to a point; thence bearing N 69-6-49.587 W a distance of 81.346 feet, to a point; thence bearing S 43-32-35.993 W a distance of 83.465 feet, to a point; thence bearing N 73-31-25.279 W a distance of 111.061 feet, to a point; thence bearing N 25-21-39.693 W a distance of 319.270 feet, to a point; thence bearing N 68-53-42.009 W a distance of 45.823 feet, to a point; thence bearing S 33-41-25.239 W a distance of 59.493 feet, to a point; thence bearing S 4-58-26.794 E a distance of 123.967 feet, to a point; thence bearing S 26-54-31.769 W a distance of 37.008 feet, to a point; thence bearing N 88-35-11.901 W a distance of 547.417 feet, to a point; thence bearing N 8-10-33.530 E a distance of 111.633 feet, to a point; thence bearing N 69-26-19.421 E a distance of 67.864 feet, to a point; thence bearing N 5-53-57.227 E a distance of 69.608 feet, to a point; thence bearing N 80-42-11.678 W a distance of 149.661 feet, to a point; thence bearing N 48-56-5.112 W a distance of 87.701 feet, to a point; thence bearing N 2-43-24.611 W a distance of 142.870 feet, to a point; 56 thence bearing N 39-14-32.584 E a distance of 152.830 feet, to a point; thence bearing N 4-58-42.513 E a distance of 87.645 feet, to a point; thence bearing N 44-59-60.000 E a distance of 92.985 feet, to a point; thence bearing N 44-9-10.451 E a distance of 127.804 feet, to a point; thence bearing N 22-59-48.805 W a distance of 73.656 feet, to a point; thence bearing N 24-48-52.523 E a distance of 240.510 feet, to a point; thence bearing N 51-32-2.415 E a distance of 150.894 feet, to a point; thence bearing N 6-16-0.726 E a distance of 126338 feet, to a point; thence bearing N 18-24-52.447 W a distance of 115.147 feet, to a point; thence bearing N 81-9-49.607 W a distance of 60.216 feet, to a point; thence bearing N 44-11-52.888 W a distance of 330.313 feet, to a point; thence bearing S 85-29-21.803 W a distance of 167.750 feet, to a point; thence bearing N 52-12-34.131 W a distance of 133.133 feet, to a point; thence bearing N 25-51-46.655 W a distance of 163.416 feet, to a point; thence bearing N 6-48-32.457 E a distance of 127.684 feet, to a point; thence bearing N 27-36-38.479 W a distance of 139.687 feet, to a point; thence bearing N 78-33-35.678 W a distance of 219.000 feet, to a point; thence bearing N 50-57-31.018 W a distance of 205.196 feet, to a point; thence bearing S 75-3-24.611 W a distance of 105.195 feet, to a point; thence bearing S 62-19-55.146 W a distance of 184.633 feet, to a point; thence bearing S 75-17-20.807 W a distance of 330304 feet, to a point; thence bearing N 37-9-26.750 W a distance of 159336 feet, to a point; thence bearing N 89-28-51.633 W a distance of 110.505 feet, to a point; thence bearing N 35-5-5.791 W a distance of 378.833 feet, to a point; thence bearing N 10-19-17.022 E a distance of 159.075 feet, to a point; thence bearing N 31-52-6.432 W a distance of 176.624 feet, to a point; thence bearing N 13-11-40.567 W a distance of 214.667 feet, to a point; thence bearing N 3-17-14.603 E a distance of 265.936 feet, to a point; thence bearing N 7-44-39.149 E a distance of 63.077 feet, to a point; thence bearing N 59-31-31.089 W a distance of 321.401 feet, to a point; thence bearing N 48-28-24.576 W a distance of 110.864 feet, to a point; thence bearing N 27-5-43.653 W a distance of 96.603 feet, to a point; thence bearing N 18-58-13.059 W a distance of 110.007 feet, to a point; thence bearing N 88-14-14.687 W a distance of 315.889 feet, to a point; thence bearing N 87-50-11.111 W a distance of 1410.506 feet to the Point of Beginning Totaling 388 acres (more or less). 57 EXHIBIT 15 DH-13 West of the intersection of N. Locust Street and Bobcat Road; south of Chaparral Road DH13 Annexation Area 16.16 Acres: 2 Parcels r 1 . 58 DH-13 Area Survey F.M. 3103 Milan dE l ((o l~ N 88-50-22 E N 89-48-11 E 740.852ft. 435.5031. S 1-39-7 ~07.089ft. N 89-25-13 1 ;.956ft. ~I N 1-9-30'+x` 54.11 ft.l DH 1 1---- - N 89-11-541J' 71.508tt_ 89-12-59 t 8.19ft. N 89-55-53 W 608.319ft. 59 DH-13 Metes and Bounds Description Beginning at a point approximately 540 feet west of Locust Street and 425 feet south of Bobcat, and which is located at the South East corner of the Parcel: thence bearing N 89-56-53302 W a distance of 608.319 feet, to a point; thence bearing S 89-12-59.271 W a distance of 658.190 feet, to a point; thence bearing N 89-11-53.397 W a distance of 71.508 feet, to a point; thence bearing N 1-9-30.001 W a distance of 544.110 feet, to a point; thence bearing N 88-50-22.133 E a distance of 740.652 feet, to a point; thence bearing N 89-48-11.002 E a distance of 436.503 feet, to a point; thence bearing S 1-39-36.807 E a distance of 207.089 feet, to a point; thence bearing N 89-25-13.026 E a distance of 165.956 feet, to a point; thence bearing S 0-0-0.000 E a distance of 347.727 feet to the Point of Beginning Totaling 16 acres (more or less). 60 EXHIBIT 16 DH-14 South side of Robinson Road; east of Teasley Lane Half I 'de Unu rt•sy NoLCe , Boundary . DH 14 _ Area Proposed for :nnezation 26.3 3 Acres DH14 MNION Annexation . _ tt Area i= 26.33 Acres: 5 Parcels 61 DH-14 Area Survey I° 7T II I ~ ~ F E R va n R - - I: Foiitof L ~fron ,ink h-1 - Rohn son Rd I H 14 a . ~n i-, Hickory y ek Rd . I I v ---T Lic~ritHiouse Dr. `IIiiIIIG Vo fit c to LL 'i C _ JI 62 DH-14 Metes and Bounds Description Beginning at a point at the Northeast Corner of Teasely Lane and Robinson Road; thence bearing S 89-44-44.611 E a distance of 2713.709 feet, to a point; thence bearing N 0-49-14.765 W a distance of 7.024 feet, to a point; thence bearing S 89-34-35.454 E a distance of 1417.961 feet, to a point; thence bearing S 3-3-39.505 W a distance of 29.541 feet, to a point; thence bearing S 89-21-9.291 E a distance of 415.371 feet, to a point; thence bearing S 0-3-5.097 W a distance of 1465.709 feet, to a point; thence bearing S 80-17-31345 W a distance of 186.093 feet, to a point; thence bearing S 85-37-15.806 W a distance of 81.680 feet, to a point; thence bearing N 89-55-50.157 W a distance of 156.226 feet, to a point; thence bearing N 0-17-50.059 W a distance of 10329 feet, to a point; thence bearing N 89-40-37.103 W a distance of 693.959 feet, to a point; thence bearing N 0-23-0.196 E a distance of 1443.220 feet, to a point; thence bearing N 89-32-24.168 W a distance of 3435.881 feet, to a point; thence bearing N 2-19-6.247 W a distance of 67.873 feet to the Point of Beginning Totaling 30 acres (more or less). 63 EXHIBIT 17 CITY OF DENTON SERVICE PLAN 2010 Annexation 1. AREA ANNEXED The areas to be annexed include approximately 7,480 acres of land contained in fifteen (15) areas. Four (4) of the 15 areas are primarily located within the northwestern quadrant of the City of Denton's Extraterritorial Jurisdiction (ETJ), Division 1 and are identified as PAA1, PAA2 South, PAA3 and PAA4. These areas include approximately 5273 acres of land. The remaining eleven (11) areas are unincorporated ETJ pockets and are located within the body of the City of Denton's corporate limits and are identified as Donut Holes (DH) DH-1, DH-2, DH-3, DH-4, DH-5, DH-6, DH-8, DH-10, DH-11, DH-13 and DH-14. These areas include approximately 2207 acres of land. The proposed annexation contains multiple owners in 15 distinct areas, as shown on the attached location map. A general description of each area is also attached. INTRODUCTION This service plan has been prepared in accordance with the Texas Local Government Code, Sections 43.021; 43.065; and 43.056(b)-(o) (Vernon 2008, as amended). Municipal facilities and services to the annexed areas described above will be provided or made available on behalf of the City of Denton in accordance with the following plan. The City of Denton shall provide the annexed tract the levels of service, infrastructure, and infrastructure maintenance that are comparable to the levels of service, infrastructure, and infrastructure maintenance available in other parts of the City of Denton with similar topography, land use, and population density. III. A --1 17ALOREM (PROPERTY OWNER) TAX SERVICES A. Police Protection Police protection from the City of Denton Police Department shall be provided to the areas annexed at a level consistent with current methods and procedures presently provided to similar areas on the effective date of the ordinance. Some of these services include: 1. Normal patrols and responses; 2. Handling of complaints and incident reports; 3. Special units, such as traffic enforcement, investigations and special weapons; and 4. Coordination with other public safety support agencies. As development commences in these areas, sufficient police protection, including personnel and equipment will be provided to furnish these areas with the level of police services consistent with the characteristics of topography, land utilization and population density of the areas. Upon ultimate development, police protection will be provided at a level consistent with other similarly situated areas within the city limits. 64 B. Fire Protection The Denton Fire Department (DFD) will provide emergency and fire prevention services to the annexation areas. These services include: I. Fire suppression and rescue; 2. Pre-hospital medical services including triage, treatment and transport by Advanced Life Support (ALS) fire engines, trucks and ambulances; 3. Hazardous materials response and mitigation; 4. Emergency prevention and public education efforts; 5. Technical rescue response; and 6. Construction Plan Review and required inspections. Fire protection from the City of Denton shall be provided to the areas annexed at a level consistent with current methods and procedures presently provided to similar areas of the City of Denton on the effective date of the ordinance. As development commences in these areas, sufficient fire protection, including personnel and equipment will be provided to furnish these areas with the level of services consistent with the characteristics of topography, land utilization and population density of the areas. It is anticipated that fire stations planned to serve areas currently within the City of Denton will be sufficient to serve areas now being considered for annexation. Upon ultimate development, fire protection will be provided at a level consistent with other similarly situated areas within the city limits. C. Emergency Medical Service The Denton Fire Department (DFD) will provide the following emergency and safety services to the annexation areas. These services include: 1. Emergency medical dispatch and pre-arrival First Aid instructions; 2. Pre-hospital emergency Advanced Life Support (ALS) response; and transport; 3. Medical rescue services. Emergency Medical Services (EMS) from the City of Denton shall be provided to the areas annexed at a level consistent with current methods and procedures presently provided to similar areas of the City of Denton on the effective date of the ordinance As development commences in these areas, sufficient EMS, including personnel and equipment will be provided to furnish these areas with the level of services consistent with the characteristics of topography, land utilization and population density of the areas. Upon ultimate development, EMS will be provided at a level consistent with other similarly situated areas within the city limits. 65 D. Solid Waste Solid Waste and Recycling Collection Services will be provided to the newly annexed property immediately upon the effective date of the annexation at a level consistent with current methods and procedures presently provided to similar areas within the city. Private solid waste collection service providers operating in the affected area immediately prior to annexation and currently providing customers with service, may continue to provide their existing service for up to 2 years in accordance with Texas Local Government Code. E. Wastewater Facilities All the proposed annexation areas are within the City of Denton Sewer Service Area as defined by Certificate of Convenience and Necessity (CCN) Number 20072 as issued by the Texas Commission on Environmental Quality (TCEQ) As development commences in these areas, sanitary sewer mains will be extended in accordance with the provisions of the City's codes, ordinances and regulations. City participation in the costs of these extensions shall be in accordance with applicable City ordinances and regulations. Capacity shall be provided consistent with the characteristics of topography, land utilization, and population density of the areas. The attached sewer facilities plan reflects the principal facilities currently planned by the City to provide for currently expected land utilization and population density, based on applicable City policies, ordinances and regulations. Sanitary sewer mains and lift stations installed or improved to City standards within the annexed areas which are located within dedicated easement, rights-of- way, or any other acceptable location approved by the City Engineer, shall be maintained by the City on the effective date of this ordinance. Operation and maintenance of wastewater facilities in the annexed areas that are within the service area of another water utility will be the responsibility of that utility. Operation and maintenance of private wastewater facilities in the annexed area will be the responsibility of the owner. F. Water Facilities PAA 1, PAA4, DH-1, DH-2, DH-3, DH-4, DH-5, DH-6, DH-8, DH-10, DH-11, DH-13, and DH-14 annexation areas are within the City of Denton Water Service Area as defined by Certificate of Convenience and Necessity (CCN) Number 10195 as issued by the Texas Commission on Environmental Quality (TCEQ). PAA2S and PAA3 annexation areas lie within the City of Denton Water Service Area as defined by Certificate of Convenience and Necessity (CCN) Number 10195 as issued by the Texas Commission on Environmental Quality (TCEQ). Bolivar Water Supply Corporation is dually certified in portions of this area under CCN Number 11257. 66 Connections to existing City of Denton water distribution mains for water service will be provided in accordance with existing City ordinances and policies. Upon connection to existing distribution mains, water service will be provided at rates established by city ordinance. As new development occurs within these areas, water distribution mains will be extended in accordance with Denton's Codes, ordinances and utility service policies. City participation in the costs of these extensions shall be in accordance with Denton's codes and ordinances. Water service capacity shall be provided consistent with the characteristics of topography, land use and population density of the area. Operation and maintenance of water facilities in the annexed area that are within the service area of another water utility will be the responsibility of that utility. Existing developments, businesses or homes that are on individual water wells or private water systems will be allowed to continue to remain on these systems until a request for water service is made to the City. These requests for service will be handled in accordance with the applicable utility service line extension and connection policies currently in place at the time the request for service is received. G. Roads and Streets Emergency street maintenance shall be provided within the annexation areas on the effective date of the applicable ordinance of acceptance. Routine maintenance will be provided within the annexation areas and will be scheduled as part of the City's annual program and in accordance with the current policies and procedures defined by the ordinance and/or as established by the City Council. Any construction or reconstruction will be considered within the annexation areas on a City wide basis and within the context of the City's CIP and/or yearly fiscal budgetary allotments by the City Council. Roadway signage and associated posts will be replaced in priority of importance starting with regulatory signs, then warning signs, then informational signs and in conformance with fiscal allotments by the City Council. If a sign remains, it will be reviewed and placed on the City's inventory listing for routine replacement. All exiting signs will be reviewed for applicability and based upon an engineering study. New signs will be installed when necessary and based upon an engineering study. Routine maintenance of road/street markings will be placed on a priority listing and scheduled within the yearly budgetary allotments by the City Council. 67 H. Parks, Playgrounds, Swimming Pools Residents within the areas annexed may utilize all existing park and recreation facilities, on the effective date of this ordinance. Fees for such usage shall be in accordance with current fees established by ordinance. As development commences in these areas, additional park and recreation facilities shall be constructed based on park policies defined in the Park Master Plan and as specified in the Park Dedication and Development Ordinance. The general planned locations and classifications of parks will ultimately serve residents from the current City limits and residents from areas being considered for annexation. 1. Publicly Owned Facilities Any publicly owned facility, building, or service located within the annexed area, and not otherwise owned or maintained by another governmental entity, shall be maintained by the City of Denton on the effective date of the annexation ordinance. J. Other Services Other services that may be provided by the City of Denton, such as municipal and general administration will be made available on the effective date of the annexation. The City of Denton shall provide level of services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the City of Denton with topography, land use, and population density similar to those reasonably contemplated or projected in the area. III. UNIFORM LEVEL OF SERVICES IS NOT REQUIRED Nothing in this plan shall require the City of Denton to provide a uniform level of full municipal services to each area of the City, including the annexed area, if different characteristics of topography, land use, and population density are considered a sufficient basis for providing different levels of service. IV. TERM This service plan shall be valid for a term of ten (10) years. Renewal of the service plan shall be at the discretion of City Council. V. AMENDMENTS The service plan may be amended if the City Council determines at a public hearing that changed conditions or subsequent occurrences make this service plan unworkable or obsolete. The City Council may amend the service plan to conform to the changed conditions or subsequent occurrences pursuant to Texas Local Government Code, Section 43.056. 68 EXHIBIT 18 CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE NON-ANNEXATION AGREEMENT This Agreement is entered into pursuant to Section 212.172 Tex. Local Gov't Code by and between the City of Denton, Texas (the "City") and ("Owners"), the property owners of the hereinafter described property (the "Property") in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties": That property described in a deed to which is recorded at vol. page of the Deed Records of Denton County, Texas, and commonly known as Tax Parcel No. , which is attached hereto as Exhibit A, consisting of approximately acres of land. WHEREAS, the City has given notice of its intent to institute annexation proceedings for the Property in accordance with Tex. Loc. Gov't Code ch. 43; and WHEREAS, Owners desire that the Property remain in the City's extraterritorial jurisdiction ("ETJ") for the term of this Agreement; WHEREAS, Owners and the City acknowledge that this Agreement between them is binding upon the City and the Owners and their respective successors and assigns for the term of the Agreement; WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and WHEREAS, OWNERS represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Tex. Loc. Gov't Code section 43.035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code section 212.172 for purposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Parties are desirous of entering into an agreement authorized under Tex. Loc. Gov't Code section 43.035; and WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; 69 NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan. The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm-related and ranch-related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single-family dwelling may be located or constructed on a lot smaller than five (5) acres. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b). Section 3. Governing Regulations. The following City regulations shall apply to any development of the Property, as may be amended from time to time, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: (1) Zoning standards contained in the Denton Development Code ("DDC"), as amended pursuant to The Denton Plan, 1999-2020, as amended, including but not limited to the (RD-5) Zoning District regulations, and standards incorporated therein; (2) The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals (including construction, drainage, site design, solid waste, transportation, tree protection standards, and water/wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specifications for Public Works Construction, North Central Texas, 3rd Ed. 1998 (NCTCOG Manual); (3) Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting: a. International Building Code, 2006 Edition with local amendments; b. International Residential Code, 2006 Edition with Appendix G and local amendments; C. The International Fire Code, 2006 Edition with local amendments; 70 d. International Plumbing Code, 2006 Edition with local amendments; e. International Fuel Gas Code, 2006 Edition with local amendments; f International Mechanical Code, 2006 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2006 Edition with regional amendments; i. National Electric Code, 2005 Edition with local amendments. j. National Electric Safety Code, 2003 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code §§28-383 - 437 and §§17-141 - 210, as amended and as applicable; L Irrigation Standards, Denton Code §§28-441 - 457; and M. Moving Buildings, Denton Code §§28-326 - 375; (4) Sign regulations, as contained within Subchapter 15 of the DDC, as amended; (5) Applicable water and wastewater connection, construction and on-site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and Wastewater Criteria Manual, as amended, and as supplemented by the Texas Water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; (6) Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, and subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas Water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and (7) Gas Well platting, drilling and production standards, as contained in §35.16.19 and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas Water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4. Development Plan to Remain in Effect. Following termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and 71 permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan. The Owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The Owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180-day period during which the Development Plan is in effect. Section 5. Agreement Deemed Void in Part, Voluntary Annexation. (A) If an Owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. (B) Thereafter the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C-1, or other such other provisions governing voluntary annexation of land as may then exist. Owners expressly and irrevocably consent to annexation of the Property under such circumstances. Owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43.052, or successor statute. Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, TX 76201 Section 7. Recording. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. Severability. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. Section 9. Remedies. This Agreement may be enforced by either Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement. Section 10. Change in Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. 72 Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas. Section 12. Execution in Multiple Copies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13. Term and Extension. The initial term of this Agreement shall be for a period of five (5) years from the Effective Date (the "Term"). The Effective Date of the Agreement shall be the date the Agreement is executed by the City. The Term may be extended upon mutual agreement of the Parties. Section 14. Survival of Covenants. The covenants in Sections 2 and 4, shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections. 73 EXHIBIT 19 2010 Annexation Schedule - Exempted Areas Tuesday, 1/12/2010 City Council 1st Public Hearing Tuesday, 1/19/2010 City Council 2nd Public Hearing Tuesday, 2/9/2010 1st Reading of Annexation Ordinances City Council institutes annexation proceedings Tuesday, 2/16/2010 Publication of Annexation Ordinances in Denton Record Chronicle Tuesday, 5/4/2010 2nd Reading and Adoption of the Annexation Ordinances Final City Council action. Note 1: Annexations must be rigidly coordinated in conjunction with the Citv Council public hearing schedule due to specific timing mandates established by Texas State Law. The Texas Local Government Code requires that City Council institute annexation proceedings (1" Reading of the Ordinance) more than 20 clays after the second 01y Council public healing but less than 40 days.koly the If 01y Council public hearing. 74