HomeMy WebLinkAboutMay 23, 2006 Agenda
AGENDA
CITY OF DENTON CITY COUNCIL
May 23,2006
The City of Denton City Council will convene in the Work Session Room on Tuesday, May 23,
2006 at 5 :00 p.m. to attend a reception honoring City Council.
After determining that a quorum is present, the City of Denton City Council will convene in a
Special Called Meeting on Tuesday, May 23,2006 at 6:30 p.m. in the Council Chambers at City
Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered:
1. Pledge of Allegiance
A. u.S. Flag
B. Texas Flag
"Honor the Texas Flag - I pledge allegiance to thee, Texas, one and indivisible."
2. Presentation from the Chamber of Commerce.
3. Consider adoption of an ordinance on first reading to voluntarily annex approximately
3,406 acres into the corporate city limits of the City of Denton, Texas. The property is
bounded by Tom Cole Road to the north. FM 2449 bisects the property near the center of
the development and John Payne Road is the eastern boundary south of FM 2449.
Underwood Drive is on tiE eastern side of the property north of FM 2449. The property
is bounded on the west by H. Lively Road/C. Wolfe Road and extends to the south a
distance of approximately 6,500 linear feet from FM 2449. The property to be annexed is
generally located in the southwestern area of the City of Denton's Extraterritorial
Jurisdiction (ETJ). The Planning and Zoning Commission recommends approval (6-0).
(A 06-0001, Cole Ranch)
4. Consider adoption of an ordinance canvassing the returns and declaring the results of the
Regular Municipal Election to elect two City Council Members to Places 5 and 6 and to
elect a Mayor to Place 7 of the City Council of the City of Denton, Texas held in the City
of Denton on May 13,2006; and providing an effective date.
5. Consider adoption of an ordinance canvassing the returns and declaring the results of the
Special Municipal Election to elect one City Council Member to Place 4 of the City
Council of the City of Denton, Texas held in the City of Denton on May 13, 2006; and
providing an effective date.
6. Oath of Office administered to newly elected Council Members.
7. Election of Mayor Pro Tempore.
8. Consider approval of Resolutions of Appreciation for Council.
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 , 2006 at o'clock (a.m.) (p.m.)
CITY SECRETARY
NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS 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: May 23,2006
DEP ARTMENT:
Planning & Development
..
CM:
Howard Martin, 349-8232
SUBJECT A06-0001 (Cole Ranch Annexation)
Consider adoption of an ordinance on first reading to voluntarily annex approximately 3,406 acres into
the corporate city limits of the City of Denton, Texas. The property is bounded by Tom Cole Road to
the north. FM 2449 bisects the property near the center of the development and John Payne Road is the
eastern boundary south of FM 2449. Underwood Drive is on the eastern side of the property north of
FM 2449. The property is bounded on the west by H. Lively Road/C. Wolfe Road and extends to the
south a distance of approximately 6,500 linear feet from FM 2449. The property to be annexed is
generally located in the southwestern area of the City of Denton's Extraterritorial Jurisdiction (ETJ).
The Planning and Zoning Commission recommends the annexation proceed as presented (6-0). (A06-
0001)
BACKGROUND
Applicant: SLF Cole Property, LP
Dallas, TX
A voluntary annexation proceeding is being considered by the City of Denton for the Cole Ranch
Development. In accordance with the City's Annexation Policy Plan, approved in June 1993, the City
will "access on a case by case basis" the annexation of areas in the ETJ when significant developments
are proposed.
. The applicant, SLF Cole Property, LP, petitioned for the voluntary annexation of
approximately 3,406 acres of land into the City on January 30, 2006. The applicant is
proposing to develop a mixed-use development in four phases beginning in 2008 with a
projected completion date of 2025. The applicant introduced the mixed-use development to the
City Council in a work session on January 30, 2006.
. On February 21, 2006, staff received direction from the City Council to proceed with the
annexation.
. The City of Denton issued a letter of intent to annex to property owners on March 17, 2006.
. On March 31, 2006, neighboring property owners were notified of the voluntary annexation
with an "intent to annex" letter and official public hearing notification. To date, staff has
received no letters in opposition from property owners within 200' of the proposed annexation
area. (See Attachment 3).
. On April 18, 2006 City Council held the first of two public hearings to consider the annexation
of3,406 acres into the corporate city limits of the City of Denton, Texas.
. On May 2, 2006 City Council held the second of two public hearings to consider the
annexation of3,406 acres into the corporate city limits of the City of Denton, Texas.
. On May 26, 2006 the Planning and Zoning Commission voted to recommend the annexation
proceed as presented.
. The Comprehensive Plan identifies this area to be within Rural Areas, Industrial Areas,
Regional Mixed Use Centers, Employment Centers, and Neighborhood Centers land use
designations and Environmentally Sensitive Areas.
OPTIONS
1. Proceed with annexation as presented.
2. Proceed with annexation with changes.
3. Discontinue annexation process.
RECOMMENDATION
Staff recommends that the annexation proceed on schedule.
ESTIMATED PROJECT SCHEDULE
The annexation process is scheduled to be completed by July 18, 2006.
PRIOR ACTION/REVIEW
. Application Date
. DRC Review
. 1 st CC Public Hearing
. Planning & Zoning Public Hearing
. 2nd CC Public Hearing
January 30, 2006
February 9, 2006
April 18, 2006
April 26, 2006
May 2, 2006
FISCAL INFORMATION
Development of this property will increase the assessed value of the city. It will require no short-term
public improvements that are the responsibility of the city.
ATTACHMENTS
1. Letter from Applicant
2. Annexation Schedule
3. Location Map
4. Service Plan
5. Service Analysis
6. Notification Map
7. P &Z Minutes
8. Ordinance
Prepared By:
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Lori Shelton
Planner II
Respe~~.fully submitted:
Brian Lockley, AICP
Acting Planning & Development Director
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ATTACHMENT 1
Letter from Applicant
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ATTACHMENT 2
ANNEXATION SCHEDULE OF
Cole Ranch Annexation (A06-0001)
Tuesday, April 18, 2006
City Council conducts first public hearing at 6:30 PM
Wednesday, April 26, 2005
Planning and Zoning Commission public hearing
to make a recommendation to City Council
regarding the proposed annexation.
Tuesday, May 2,2006
City Council conducts second public hearing
at 6:30 PM
Tuesday, May 23,2006
City Council conducts first reading of annexation
ordinance. (Special Called Meeting)
Tuesday, July 18, 2006
Second reading and adoption of annexation
ordinance and public hearing for zone change and
comprehensive plan amendment request. City
Council by simple majority vote takes final action
of zone change request.
ATTACHMENT 3
Location Map
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ATTACHMENT 4
SERVICE PLAN
CITY OF DENTON ANNEXATION PLAN FOR
A06-0001 (Cole Ranch - I 35 and Tom Cole Road)
I. AREA ANNEXED
The annexation area is located in the southwestern portion of Denton's Extraterritorial Jurisdiction
and contains approximately 3,406.12 acres generally located west of Interstate 35 West, south of
Tom Cole Road.
INTRODUCTION
This service plan has been prepared in accordance with the Texas Local Government Code,
Sections 43.021,43.065, and 43.065(b)-(0) (Vernon 1999, as amended). Municipal facilities and
services to the annexed area described above will be provided or made available on behalf of the
City in accordance with the following plan. The City 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 with similar
topography, land use, and population density.
AD VALOREM (PROPERTY OWNER) TAX SERVICES
A. Police Protection, Code Enforcement, and Animal Control
Police service, including patrolling, response to calls, and other routine functions, will
be provided to the property upon the effective date of the annexation using existing
personnel and equipment. Code enforcement and animal control services will also be
provided to the property upon the effective date of the annexation.
B. Fire Protection
Fire protection (within the limits of existing hydrants) and emergency medical services
will be provided to the property upon the effective date of the annexation. The
estimated emergency response time in this area is 10 minutes, which is similar to
responses for surrounding properties within the city limits. The City of Denton will
provide emergency medical services ("EMS").
C. Roads and Streets
Roads and streets, which have been properly platted, duly dedicated, and accepted by
the City of Denton and/or Denton County shall be maintained by the City of Denton on
the effective date of the annexation. Installation and maintenance of street signs, street
lighting and traffic control devices will be maintained by the City of Denton on the
effective date of the annexation.
D. Parks and Recreation Facilities
Parks and recreational facilities in the area to be annexed will begin upon the effective
date of the annexation according to the 2000 Parks and Recreation Master Plan. No
parks are currently located within the proposed annexation area. Denton neighborhood
park facilities are located within reasonably close distance of the proposed annexation
area. Residents of the proposed annexation area will be able to use existing City of
Denton park and recreation facilities and programs.
E. Library Services
Library services will be made available on the effective date of the annexation on the
same basis and at the same level as similar library facilities are maintained throughout
the city.
F. Building Inspections and Consumer Health Services
Building inspections and consumer health services will be made available on the
effective date of the annexation on the same basis and at the same level as similar
facilities are maintained throughout the City. Both services are provided on a "cost
recovery" basis, and permit fees offset the costs of services delivered. Incomplete
construction must obtain building permits from the Building Inspections Department of
the City of Denton.
G. Planning and Development Services
Planning and development services will be made available on the effective date of the
annexation. The Planning and Development Department currently services this
property by way of administration of the Denton Development Code of the Code of
Ordinances, concerning subdivision and land development regulations.
City Council adopted The Denton Plan, the city's 1999-2020 comprehensive plan, by Ordinance 99-
439 on December 7, 1999. The Future Land Use Plan addresses both land in the city and its ETJ, and
the subject tracts contain Neighborhood Centers, Industrial Centers, Regional Mixed Use Centers,
Employment Centers and 100 year Floodplain! Environmentally Sensitive Areas. The Denton Plan
designates future land uses to manage the quality and quantity of growth by organizing the land use
patterns, by matching land use intensity with available infrastructure, and by preserving floodplains as
environmental and open space corridors. The Denton Plan will be used as a basis for final zoning
classifications after the properties are annexed.
UTILITY (RATEPAYER) SERVICES
H. Solid Waste Collection
The City of Denton is the exclusive residential and commercial solid waste service
provider in the City. The Department is an entirely fee based operation and received no
resources from taxes. Solid waste collection service will be provided to the property
upon the effective date of the annexation using existing personnel and equipment.
Residential and commercial properties have the option to choose solid waste service
from a private company or the City of Denton during the first two years after the
effective date of annexation, after which the City of Denton will become the exclusive
service provider. The City of Denton Solid Waste Department will honor existing
contracts with private solid waste service providers after the effective date of this
annexation in accordance with Texas Local Government Code, Section 43.056(0)
(Vernon Supp. 2000). To receive solid waste collection service, the customer must
contact the City of Denton Customer Service Office and submit a request/application for
serVIce.
I. W ater/W astewater Facilities
Maintenance of water and wastewater facilities in the area to be annexed that are not
within the service area of another water or wastewater utility will begin upon the
effective date of the annexation using existing personnel and equipment. Currently, the
majority of the area to be annexed is provided with a private water well and a private
wastewater system. A City of Denton waterline exists in the annexation area. The City
shall provide a level of water and wastewater service, infrastructure, and infrastructure
maintenance that is comparable to the level of services, infrastructure, and infrastructure
maintenance available in other parts of the city with topography, land use, and
population density similar to those reasonably contemplated or projected in the area.
J. Drainage Services
Drainage maintenance will be provided to the property upon the effective date of the
annexation. The City shall provide a level of drainage services, infrastructure, and
infrastructure maintenance that is comparable to the level of services, infrastructure, and
infrastructure maintenance available in other parts of the city with topography, land use,
and population density similar to those reasonably contemplated or projected in the
area.
K. Electrical Services
Denton Municipal Electric is certified by the State and is obligated to provide electric
utility service to the annexation area should a request be made by a property owner.
Electric utility service will be made available on the effective date of the annexation on
the same basis and at the same level as similar facilities are maintained throughout the
city.
OTHER SERVICES
Other services that may be provided by the City, such as municipal and general administration
will be made available on the effective date of the annexation. The City shall provide a 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 with
topography, land use, and population density similar to those reasonably contemplated or
proj ected in the area.
II. CAPITAL IMPROVEMENTS PROGRAM (CIP)
No new construction of additional water, sewer, street, and drainage facilities is contemplated
within the annexed area as a result of this annexation because the annexed area on the date of
annexation will have a level of full municipal services equal to other areas within the City
having similar characteristics of topography, land use, and population density. Thus, no
construction of public improvements is contemplated as a result of this annexation that would
begin within two and a half (2 ~) years after the effective date of the annexation. The City
shall consider construction of other public improvements as the needs dictate on the same basis
as such public improvements are considered throughout the City for areas having similar
characteristics of topography, land use, and population density.
UNIFORM LEVEL OF SERVICES MAY NOT BE REQUIRED
Nothing in this plan shall require the City 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.
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.
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 (Vernon
Supp. 2000).
AREBD:
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Date
ATTACHMENT 5
Service Analysis
ANNEXATION REQUEST
SERVICE AREA ANALYSIS
A06-000 1
The Planning and Development Department has received a request for annexation of:
3,406.12 acres on the west of Interstate 35 West, south of Tom Cole Road. See attached
map.
Size.
3,406.12 acres
Location.
West of Interstate 35 West, south of Tom Cole Road. The property is
bounded by Tom Cole Road to the north. FM 2449 bisects the property
near the center of the development and John Payne Road is the eastern
boundary south of FM 2499. Underwood Drive is on the eastern side of
the property north of FM 2449.
Proposed use.
Mixed use development consisting of residential, commercial,
recreational, and industrial uses.
Proposed zonina. Default Rural Development-5 (RD-5) until zoning component is finalized.
The purpose of the service area analysis is to determine how the city would provide services
to the area should it be annexed into the city. A service area analysis form is attached.
Please provide the requested information and any other pertinent information. To determine
the city's ability to provide services to the proposed area it is necessary to document:
. each department's existing capacity to provide an adequate level of service to the
proposed area;
. additional personnel and capital equipment/facilities necessary to provide an adequate
level of service to the proposed area; and
. cost of providing additional service.
Existing Conditions:
Proximity to existing arterial and collector roads. Several rights of way traverse the
property and the property is bounded by Tom Cole Road to the north, John Payne Road
on the east, Underwood Drive on the east, and C. Wolfe Road on the west.
Existing land use: Currently the vast majority of the property is undeveloped. One
occupied residence exists on the property.
Prominent natural features: The Environmentally Sensitive Areas map of the Denton Plan
shows this property lies within a stream buffers area and Riparian Habitat. This property is
affected by the 100 year floodplain, in the northeastern portion of the site.
Proximity to other service providers: This property is along the western border of the City of
Denton, solely within the City of Denton'
Thank you for your consideration of this request. Please submit any other information that
you believe is pertinent to evaluate the provision of services to this area to Lori Shelton in the
Planning and Development Department by March 17, 2006 and call 349-7274 if there are any
questions. The annexation request/petition is scheduled for the April 18, 2006 City
Council Agenda.
Location Map of the Proposed Annexation
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SERVICE ANALYSIS
A06-0001
Fire
1. Fire and Emergency Medical Services can be provided to the area from station(s)
# 3 , located at 135E and McCormick
2.
Estimated response time.
10 minutes
3.
Appropriate response time in the City.
5 minutes
4.
Is a new fire station approved in the CIP that could serve this area? yes
what is the CIP program year? 2007
If yes,
5. Will a new fire station be requested in upcoming CIP proposals to serve this area?
no . If yes, when should this station be operational? NA
6. Total estimated funding for equipment, employees and/or facilities needed to serve
this area strictly based on annexation and proposed development.
7. Please comment on the cumulative impact of annexation and development.
At what population level would another fire station facility be required?
20,000
Is there an accepted facility/equipment to population ratio that can be used for
planning purposes?
20,000
Is there an accepted fire fighter to population ratio that can be used for planning
purposes? 1 for 1,000
Additional Comments: The area would be covered bv existinq fire equipment and personnel.
The addition of Station Seven will help this area tremendouslv.
Rick Jones
Person to contact if there are questions
March 20, 2006
Date
SERVICE ANALYSIS
A06-0001
Parks and Recreation
What neighborhood park and recreational facilities are currently serving this area or
are capable of serving this area if annexed and/or developed (federal, state, or local)?
None are within the proposed annexation. The closest Denton Parks properties to the
proposed annexation area are Robson Ranch Park. 75 miles to the west, and the
Vintaae-Roark Branch creek open space, 1 mile to the east across 1-35E. Current
residents will be able to use existina City of Denton parks, facilities and proarams.
1. What projects and/or equipment will be needed to adequately serve this area if
annexed and/or development based on the parks and recreation master plan or similar
standards? The 2000 Denton Park and Recreation Master Plan does extend to the
qeneral area of the proposed annexation. Existinq is an open space park at Robson
Ranch Development near Livelv Road. Base on information provided bv the
Developer, 12,000 residential units may be constructed. This equals into
approximatelv 84 acres of new parkland. As neiqhborhood subdivision development
occurs, neiqhborhood parks and community parks with athletic facilities will be
necessary .
Neighborhood Parks:
2.5 acres per 1 ,000 population. (to be dedicated at time
of development)
5 acres minimum size.
Neiqhborhood Park Development cost per acre is
approximatelv $60,000.
Community Parks:
3.0 acres per 1 ,000 population.
30 acre minimum
2. How much additional funding will be needed for maintenance if additional park facilities
are developed to serve this area? None required for Parks at this time. However
additional mowinq for street riqht of ways will be needed. Annual cost for street riqht
of way mowinq for 5 cvcles is estimated at $4,302.00 for the 8.66 miles or 20.99 acres
of new riqht of way mowinq areas to come into the city.
Service Standard~
Based on $41.00 per acre per mowinq cvcle.
3. How many additional personnel would be needed to properly serve this area if
annexed and developed? No additional personnel for Parks maintenance required at
this time. However additional resources will be required for road riqht of way mowinq
alonq FM2449, Livelv Road, Tom Cole Road, John Paine Road, Westcourt Road,
Underwood Road, and Sprinqside Road.
Additional Comments: Denton Parks and Recreation Department will attempt to coordinate
placement of park facilities proposed for development bv the developer or use funds from the
Park Land Dedication requirements to purchase or expand existinq parks within the service
area of this development.
Bob Tickner. Superintendent of Park Planninq and Development
Person to contact if there are questions Date: 3-17-06
SERVICE ANALYSIS
A06-0001
Police
1. Estimated average response time for this area based on current department
cond itions:
Priority 18 minutes
Non-priority 35 minutes
Average 23 minutes
2. Appropriate average response time in the city based on current department conditions:
Priority 11 minutes
Non-priority 27 minutes
Average 19 minutes
3. If annexed and developed as proposed will additional personnel be needed as a
specific result of this proposal? Yes If yes, how many? What type? 4 Patrol
officers would allow for continuous coveraae of the area on each shift
4.
Will additional equipment and funding be needed to serve this area? No
yes, what type?
If
5. Will a police substation or other facility be needed to serve this area as a result of
annexation and development? No If yes, when should the new
facilities be operational?
6. Please comment on the cumulative impact of annexation and development.
At what population level would another police facility be required? It is not
anticipated that this development would require another police facilitv.
Is there an accepted facility/equipment to population ratio that can be used for
planning purposes? No
Is there an accepted officer to population ratio that can be used for planning
purposes? Currentlv. 1.79 Officers per 1.000 residents
Additional Comments:
Lt. Lenn Carter
3/15/06
Person to contact if there are questions
Date
SERVICE ANALYSIS
A06-0001
Librarv
1. Estimated additional funding needed strictly based on proposed annexation and
development. $0.00
2. Please comment on the cumulative impact of annexation and development. The
proposed annexation will have no direct impact on library services provided bv the
three branches in the City of Denton.
3. At what population level would another library facility be required? 131.738
4. Is there an accepted circulation to population ratio that can be used for planning
purposes? Yes. 8.04 per capita
5. Is there an accepted employee to population ratio that can be used for planning
purposes? Yes. 1.0 / 2.500
6. If annexed, can anticipated service demands be met using existing materials, facilities,
and personnel? Yes
7. If not, how many additional employees and what type of facilities and materials will be
needed to provide services?
Additional Comments:
Eva Poole. Director of Libraries
Person to contact if there are questions
March 17. 2006
Date
SERVICE ANALYSIS
A06-0001
Solid Waste
1. Is residential solid waste service available to the proposed area for annexation?
Yes
2. Is commercial solid waste service available to the proposed area for annexation?
Yes
3. What is the estimated cost to provide this area with solid waste service?
Equipment and Maintenance.
Personnel.
Initiallv. with one residence. $16.50 / month
A portion of one emplovee's time
4. What is the typical revenue collected per:
Household.
Commercial Business
$16.50 per month
$68 to $108 per month dependina on container size
5. Will additional equipment be needed to serve this area if annexed or developed?
Type of Equipment.
Cost of Equipment.
No additional emplovees will be needed
Not Applicable
6. Will additional employees be needed to serve this area if annexed or developed?
Type of Employees.
Number of Employees.
No additional emplovees will be needed
Not Applicable
Please comment on the cumulative impact of annexation and development.
At what population level would additional equipment be required? Too variable to
establish
Is there an accepted equipment to population ratio that can be used for planning
purposes? No
Is there an accepted employee to population ratio that can be used for planning
purposes? No
Additional Comments:
Scott Lebsack x 8069
Person to contact if there are questions
March 1. 2006
Date
SERVICE ANALYSIS
A06-0001
Electric Utilities
1. What is the distance to, location of, and size of the nearest City of Denton electric line?
Denton Municipal Electric has transmission service at the Denton West Interchanqe
located on the south side of FM 2449. Denton Municipal Electric has distribution lines
at Tom Cole Road and West Court.
2. What type of lines and facilities would be required to serve this area?
Denton Municipal Electric would have to construct distribution facilities to the area.
Dependinq on electrical lad a distribution substation would ultimatelv be constructed at
the Denton West Interchanqe.
3. Are any new lines or facilities proposed for construction to serve this area?
None at this time.
4. Are there any potential responsibilities if this area is annexed?
With annexation. the City of Denton would provide street liqhtinq and electric utilitv
service accordinq to the Denton Municipal Electric Service Standards.
5. Please comment on the cumulative impact of annexation and development.
At what population level would additional equipment be required? Electric Load
Dependent. not population
Is there an accepted equipment to population ratio that can be used for planning
purposes? Not Applicable
Is there an accepted employee to population ratio that can be used for planning
purposes? Not Applicable
Additional Comments:
The Public Utility Commission of Texas determines electric service classification.
Donald L. McLauqhlin
Person to contact if there are questions
March 8. 2006
Date
SERVICE ANALYSIS
A06-0001
WaterlWastewater
1.
What is the nearest City of Denton water line?
Size of water line.
Location of water line.
Distance from proposed annexation.
16 inch
Vintaqe Blvd at 1-35 W
10.100 ft
2. What is the nearest City of Denton sewer line? See attached Wastewater Exhibit
Size of sewer line.
Location of sewer line.
Distance from proposed annexation.
3. According to the City of Denton master plan what type of lines and facilities would be
required for this area and when are those lines and facilities proposed for construction.
Size Year Location
Water lines 36-inch 2010 Bonnie Brae and Corbin Road
Sewer lines
4. Are there any City of Denton lines included in the proposed annexation?
12 inch waterline in Westcourt at northeast corner of property line
5. Please comment on the cumulative impact of annexation and development.
At what population level would additional equipment be required? 18.750
Is there an accepted equipment to population ratio that can be used for planning
purposes? One Crew per 18.750
Is there an accepted employee to population ratio that can be used for planning
purposes? One Emplovee per 5.770 population
Additional Comments: The size and location of this property will require a water distribution
system master plan to be prepared and submitted by the developer's engineer at the time the
property is submitted for preliminary plat review to identify how water service can be
extended from the city's existing water distribution system to serve the development. This
plan must consider existing system capacity constraints and proposed capital improvements
within the city's five-year CIP as well as proposed line extensions at the developer's expense
as well as the proposed phasing of these improvements related to the proposed phasing of
the development. The water distribution system master plan for the development must be
prepared by a licensed engineer with water distribution system modeling experience and
shall be in accordance with the city's water and wastewater design criteria manual.
The attached "Wastewater Exhibit" shows the existing and proposed sewer lines that would
serve the Cole Ranch. There is an existing 18-inch sewer line at Bonnie Brae that was
oversized to accommodate flows beyond the needs of the Vintage development. An
approximately 5,400 feet off-site extension from Cole Ranch by the developer will be required
to bring flows to the existing 18-inch sewer line from the northern tract of the development.
The southern part of the development will be served by a future sewer line in the Roark
Branch watershed and an off-site extension by the developer, as shown in the exhibit. The
sewer line sizes to serve the development will be based on yet to be determined wastewater
flows from the development. The developer will generate the wastewater flow data from Cole
Ranch. The off-site developer required sewer extensions and the future sewer lines shown in
the "Wastewater Exhibit" are currently not in the 5-year capital improvement plan. A
"Wastewater Service Agreement" must be negotiated with the developer based on the
wastewater master plan for the Cole Ranch to determine funding requirements by the
developer and the city for the construction of wastewater facilities to serve the development.
Tim Fisher
Person to contact if there are questions
March 17. 2006
Date
SERVICE ANALYSIS
A06-0001
Enaineerina and Transportation
1. What existing roads, bridges and other transportation facilities will be impacted by this
proposed annexation and development in terms of needed improvements or
upgrades?
Name and location
Underwood
Tvpe of Improvement Approximate Cost
Road maintenance to City standards Unknown - see
below
Road maintenance to City standards Unknown - see
below
Road maintenance to City standards Unknown - see
below
Road maintenance to City standards Unknown - see
below
C Wolf
Tom Cole
John Payne
The County bridaes at John Payne Road at Roark Branch and at Tom Cole Road at
Hickory Creek were recentlv reconstructed bv Denton County under the Texas Oept.
of Transportation Off-System Bridae Replacement Proaram. Bridae Replacement is
needed at Underwood Road at Hickory Creek. This bridae qualifies for replacement
under the present Texas Oept. of Transportation Off-System Bridae Replacement
Proaram. Estimated administrative costs are $25.000. excludina riaht-of-wav
acquisition costs which are the responsibilitv of the City. The Replacement Bridaes
constructed under this proaram do not span the entire floodplain (see Additional
Orainaae Comments below). Automated roadway flood aates will be required at two
bridae locations. at an approximate costs of $100.000 each for a total of $200.000.
Gates are not required at the smaller John Payne Road box culverts because flows
are lower.
2. Are any of these improvements presently scheduled to be done at state or federal
expense? Yes . If yes, please identify facility and anticipated date improvements
will begin.
Bridae Replacement needed at Underwood Road at Hickory Creek qualifies for
replacement under the Texas Oept. of Transportation Off-System Bridae Replacement
Proaram. Estimated administrative costs to the City are $25.000. excludina riaht-of-
way acquisition costs which are the responsibilitv of the City. The bridae could be
reconstructed within the next 2 years.
3. Please list any drainage improvements that may require local funding, and include
estimated cost (if no specific improvements can be determined, please make general
comments concerning drainage).
The developer tvpicallv funds the drainaae improvements required to prevent adverse
impacts and downstream floodina. consistent with the requirements of the City's
Development Code and Drainaqe Criteria Manual. Drainaqe culvert improvements will
be required for two crossinqs at C. Wolfe Road to meet the standards of the City's
Development Code and Drainaqe Criteria Manual. These culverts can be improved
when development occurs that will increase the flows to the culverts.
4. Will additional equipment and facilities be needed as a specific result of this
annexation and development? Yes . If yes, what type of equipment or facility?
1 - backhoe: 2 -12vd dump trucks: 1 - crew truck: 1- concrete saw & truck: 1 - crew of
5 men, includinq hand tools. The City's existinq drainaqe maintenance equipment and
facilities are adequate for maintaininq the annexed area in its present land use.
5. Please comment on the cumulative impact of annexation and development.
At what population level would additional equipment be required? Not Applicable to
determine severity of increased wear on roadways until additional traffic is applied.
Is there an accepted equipment to population ratio that can be used for planning
purposes? No
Is there an accepted employee to population ratio that can be used for planning
purposes? No
Additional Comments:
STREETS
The streets listed above are typical chip seal type roadways of this area and
constructed for low volume, minimal truck related traffic volumes, constructed for
accessing rural farms. Other public roadways or parts thereof may also apply. It is
expected that future development will contribute to the improvements of these
roadways prior to any expected traffic volume increases. However, if any part of the
property contained within this annexation is allowed to develop prior to roadway
improvements, substantial maintenance will be required to keep these roads in
passable condition until the roadway is constructed to meet minimum City standards.
The vehicles and personnel noted above are probable needs for this maintenance.
Theses roads will also require speed studies and speed limit signing, as well as
additional signing and markings as are appropriate.
Bernard Vokoun (Streets)
03/1 0/2006
Person to contact if there are questions Date
DRAINAGE
There are two existing Lakes within the annexation area that were constructed by the
Soil Conservation Service (now called National Resources Conservation Service). As
the area develops, flows entering these lakes will be increased, the dam safety hazard
classifications for these lakes may be re-classified to high hazard status. TCEQ
requires the lake owners to conduct annual dam safety inspections for high hazard
dams. The lake owners would also be responsible for spillway improvements,
maintenance and repairs to the dam structures to comply with the TCEQ dam safety
requirements. The City would assume these responsibilities if these lakes were
acquired with a golf course or recreational area as City parkland. Costs cannot be
predicted, but can be quite expensive (exceeding $1,000,000 each) for studies design
and construction of larger spillway structures and seepage control systems for dams of
this size. Clear zones downstream from these lakes across the Cole Ranch can be
established to prevent these dams from being classified as high hazard dams.
Residential and commercial development would not be allowed in the zones, because
the areas would flood if a dam breach occurred. These dams cannot be removed
because they currently provide the benefits of reducing downstream sedimentation
and flooding in the Hickory Creek drainage basin through the City. The ownership
and maintenance responsibility for these dams and clear zones must be
addressed during the conceptual master-planning phase for the entire
development.
To construct new bridges spanning the approximately 1 ,500-feet wide floodplains at
the Underwood Road and Tom Cole Road locations would cost more than $6,000,000
each. The hydraulic capacity of the new multiple box culvert structure at John Payne
Bridge has not been evaluated by the City at this time. The smaller John Payne culvert
can be improved by the developer as required by the City's Development Code.
Additional culverts could be added to the existing structure. The City should
consider planning a CIP Program and funding mechanism to construct new
bridges spanning the floodplains at Underwood Road and Tom Cole Road in the
future if this annexation is successful.
Edward Witkowski (Drainage)
03/17/2006
Person to contact if there are questions
Date
SERVICE ANALYSIS
A06-0001
Denton Independent School District
Education services are currently provided by:
Denton ISO and Ponder ISO
1. If annexed, can anticipated service demands be met using existing materials, facilities
and personnel?
2. If not, how many additional employees and what type of facilities and materials will be
needed to provide services?
Estimate additional funding needed strictly based on proposed annexation and
development. Will projected school taxes from this development provide that
additional funding?
3. Please comment on the cumulative impact of annexation and development.
4. At what population level would other school facilities be required for the City of
Denton?
5. Is there an acceptable employee to population ratio that can be used for planning
purposes?
Additional Comments:
Gene Hollowav
Person to contact if there are questions
Date
ATTACHMENT 6
Notification Map
WO\.FE aUM
LEGEND
D Palms
_ PIqJosed Annel3tion Area
D 200_ feet_radius _bndy
D 500_ feet_radius _bndy
_ cale_ranch_bndy
A06 - 0001
o
Feel:
750 1,511] 3,[11)
Public Newspaper
Notification Date: April
2,2006
200' Legal Notices* sent
via Certified Mail: 27
500' Courtesy Notices
mailed: 28
Number of responses to
200' Legal Notice:
In Opposition: 0
In Favor: 0
· Neutral: 0
CondenseIt TM
Page 145 Page 147
1 COMMISSIONER STRANGE: The next item is to 1 right. Okay. Any other questions? lVIr. Roy.
2 hold a public hearing and consider making a recommendation 2 COMMISSIONER ROY: Lori, do we have any
3 to City Council regarding a voluntary annexation and 3 kind of concept plan on this site or anything that tells
4 service plan for approximately 3,406 acres. Ms. Shelton. 4 us what it would look like?
5 MS. SHELTON: The Cole Ranch annexation is 5 MS. SHELTON: we -- they originally
6 a voluntary annexation of approximately 3 ~ 406 acres 6 submitted with the annexation plan 8: zoning plan. We--
7 located in the southwestern area of Denton f s 7 they have opted instead of going forward with zoning to
8 extraterritorial jurisdiction or ETJ as shown here on the 8 wait until we are working on a master plan zoning
9 location map. A voluntary annexation proceeding is being 9 ordinance for these large properties. So it will be
10 considered by the City of Denton for the Cole Ranch 10 brought into. the City as the RD-5, which I believe is the
11 Development in accordance with the City's annexation 11 default zoning. The concept plan is not unlike the future
12 policy plan approved in June of 1993. The City will 12 land use plan, quite honestly. Let me see. Basically,
13 access on a case by case basis the annexation of areas in 13 they are depending upon the -- right through this area
14 the ET J when significant developments are proposed. The 14 will be the annexation of Loop 288 so they are showing
15 applicant~ SLF cole Property petitioned for the voluntary 15 commercial development along that area which is also the
16 annexation of approximately 3,400 acres of land into the 16 fourth and last -- pardon me, it is late -- phase of the
17 City on January 30th, 2006. The applicant is proposing a 17 development.
18 mixed use development in four phases beginning in 2008 18 The first phase is shown to be down in this
19 with a projected completion date of 2025. 19 area south of 2499 which will be basically single family
20 The applicant introduced the mixed use 20 residential. They are proposing locations for three
21 development to the City Council in a work session on 21 elementary schools. They r ve been working with the school
22 January 30th, 2006. Our Comprehensive Plan identifies 22 district and that should have been in the backup of -- no,
23 this area to be within rural areas, industrial areas, 23 the school district did not respond to my inquiries.
24 regional mixed use centers, employment centers, 24 A1so~ there is floodplain that goes right straight through
25 neighborhood centers, land use designations and 25 this portion. They've been working with UNT to put in a
Page 146 Page 148
1 environmentall y sensitive areas. 1 golf course in that area. So those are some of the uses.
2 lbis notification map shows the area around 2 This area right adjacent to the municipal airport will be
3 the Cole Ranch property that was notified. We have -- 3 indu.strial-type uses.
4 Itve received. no written responses from any of those 4 COMMISSIONER ROY: I see that in their
5 people. I've answered many phone calls, just basic 5 letter, in their file of January 26th, 2006, they talk
6 inquiries. And staff recommends that the annexation 6 about an NR-3 residential density.
7 proceeds on schedule. And I'll take any questions. 7 MS. SHELTON: Yes, sir. That was -- I
8 COMMISSIONER STRANGE: I've got one 8 didn't want to confuse things, but obviously, that didnft
9 question. I know that when we just entertained a similar 9 work. The NR.3 n all of the single family proposed which
10 -- not necessarily a voluntary annexation but a different 10 is also up in this area as well as on the southern portion
11 annexation case recently we had this uninterrupted 11 is NR-3.
12 corridor to attach to the land. Is that an issue on this 12 COMMISSIONER ROY: DO you recall the zoning
13 property? 13 or the -- would it be NR-3 or 4 or 6 or wbat in Robson
14 MS. SHELTON: It is not. Let me see if I 14 Ranch? I suspect ifs more than NR-3.
15 can get a better map. lbis abuts to Robson Ranch here on 15 MS. SHELTON: That was a planned
16 the south - - that' s not helping. This is all city limit 16 development~ so it wasn r t straight zoning, so I don r t know
17 lines. 17 what that density was.
18 COMMISSIONER STRANGE: okay. 18 COMMISSIONER ROY: But this is not intended
19 MS. SHELTON: So the only part -- this will 19 to be a senior --
20 be outside city limits and this will, so itts already 20 MS. SHELTON: NO, sir.
21 abutting to Denton Municipal Airport, all of this area is 21 COMMISSIONER ROY: This is a different
22 in the city limits, so it's -- abuts on many sides. 22 concept development it sounds like?
23 COMMISSIONER STRANGE: I see on that map 23 MS. SHELTON: Yes. Therets been no
24 it! s in dark. I just diOO' t see that we have a specific 24 indication from them that it will be senior or any, you
25 map on that so I just wanted to make sure that that was 25 know~ niche market.
PLANNING AND ZONING MINUTES APRIL 26, 2006
P.age 145 - Page 148
CondenseIt TN!
Page 149
1 COMMISSIONER ROY: Thank you.
2 COMMISSIONER STRANGE; AnY other questions
3 of staff? Okay. Thank you. This is a public hearing.
4 We'll open the public hearing. Do we have any cards on
5 this item? We only have one possible person. Do you want
6 to speak?
7 UNIDENTIFIED SPEAKER: NO, sir. rm just a
8 graduate student at UTA. pve been assigned to attend.
9 COMMISSIONER STRANGE: All right. Well, it
10 was a good assignment tonight. You got to listen to a lot
11 of things.
12 UNlDENTIFlED SPEAKER: Yeah, it was
13 interesting.
14 COMMISSIONER STRANGE: Pretty interesting.
15 You'll have a good report to give somebody. Okay. If no
16 one wishes to speak werll close the public hearing. Do we
17 bave a motion on this item?
18 COMMISSIONER HOLT: I move recommendation.
19 COMMISSIONER STRANGE: DO we have a second?
20 COMMISSIONER GUZMAN-RA.MON: second.
21 COMMISSIONER STRANGE: we have a motion by
22 Mrs. Holt and a second by Mrs. Guzman-Ramon. Any
23 discussion? Please vote. And the vote passes 6-0.
24 That was the final itelll on our posted
25 Agenda. .Are there any future Agenda items or any other
Page 150
1 items that need to come before the Commission tonight? If
2 not, we will adjourn at 10: 1 7.
3 (End of proceedings.)
4
5
6
7
8
9
10
11
12
13
14
15
16
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.PLANNING AND ZONING MINUTES APRIL 26, 2006
Page 149 - Page 150
S :\Our Documents\Ordinances\06\A06-000 l.doc
ORDINANCE NO~
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING APPROXIMATELY
3,406 ACRES OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF .DENTON,
TEXAS, LOCATED IN THE SOUTHWESTERN AREA OF THE CITY OF DENTON'S
EXTRATERRITORIAL JURISDICTION; GENERALLY LOCATED WEST OF
INTERSTATE 35 WEST, SOUTH OF TOM COLE ROAD, BOUNDED BY TOM COLE
ROAD TO THE NORTH, BISECTED BY FM 2449 NEAR THE CENTER OF THE
PROPERTY, BOUNDED ON THE EASTERN SIDE BY JOHN PAYNE ROAD SOUTH OF
FM 2449, AND UNDERWOOD NORTH OF FM 2449; BEING A PORTION OF THOSE
CERTAIN PLATS CALLED IN J. W. KJELLBERG SURVEY, ABSTRACT NO. 1610, THE
JAMES MCDONALD SURVEY, ABSTRACT NO. 873, THE I.W. BYERLY SURVEY,
ABSTRACT NO. 1458, THE J. DALTON SURVEY, ABSTRACT NO. 353, THE J. A. BURN
SURVEY, ABSTRACT NO. 132, THE T. & P. R. R., ABSTRACT NO. 1292, THE A. C.
MADDEN SURVEY, ABSTRACT NO. 851, THE I. N. HEMBREE SURVEY, ABSTRACT
NO. 594, THE J. BACON SURVEY, ABSTRACT NO. 1540, THE WM. NEILL SURVEY,
ABSTRACT NO. 970, THE B. B. B. & C.R.R. CO. SURVEY, ABSTRACT NO. 176, THE T. .
E. CARRUTH SURVEY, ABSTRACT 1707, BEING. A SURVEY OF PART OF THE 562.8
ACRE "FIRST TRACT", A SURVEY OF THE 798.2 ACRE "SECOND TRACT", A SURVEY
OF PART OF THE 640 ACRE "THIRD TRACT" DESCRIBED IN A DEED FROM T. E.
CARRUTH, ET AL TO M. T. COLE, DATED DECEMBER 22, 1931, RECORDED IN
VOLUME 238, PAGE 410, A SURVEY OF PART OF THE 415 ACRE TRACT DESCRIBED
IN A DEED FROM RUDY COPELAND AND WIFE, MARY A. COPELAND TO M. T.
COLE, DATED SEPTEMBER 26,1933, RECORDED IN VOLUME 243, PAGE 572, BOTH
DEEDS OF THE DENTON COUNTY DEED RECORDS, THE S. PAINE SURVEY,
ABSTRACT NO. 1035, THE M. PAINE SURVEY, ABSTRACT NO. 1036, THE GEORGE
WEST SURVEY, ABSTRACT NO. 1393, THE B. B. B. & C.R~R. CO. SURVEY, ABSTRACT
NO. 176, THE E.N. OLIVER SURVEY, ABSTRACT.NO. 989, THE J. T. EVANS SURVEY,
ABSTRACT NO. 411, THE C. MANCHACA SURVEY, ABSTRACT NO. 789, THE G. W.
PETTINGALE SURVEY, ABSTRACT NO. 1041, THE J. W. KJELLBERG SURVEY,
ABSTRACT NO. 1610, BEING A SURVEY OF PART OF 1.086 ACRE TRACT DESCRIBED
IN A DEED FROM MAURlNE P. MYERS, ET AL TO M. T. COLE TRUST NO.1,
RECORDED IN VOLUME 1018, PAGE 453, BEING A SURVEY OF PART OF THE 562.8
ACRE "FIRST TRACT" DESCRIBED IN A DEED FROM T. E. CARRUTH, ET AL TO M. T.
COLE, DATED DECEMBER 22, 1931, RECORDED IN VOLUME 238, PAGE 410, A
SURVEY OF THE 640 ACRE TRACT DESC.RIBED IN A DEED FROM T. E. CARRUTH, ET
AL TO M. T. COLE, DATED JANUARY 4, 1935, RECORDED IN VOLUME 250, PAGE 121,
A SURVEY OF THE 429 3/4 ACRE TRACT DESCRIBED IN A DEED FROM T. E.
CARRUTH, ET AL TO M. T. COLE, DATED MARCH 28, 1936, RECORDED IN VOLUME
256, PAGE 285,OF THE LIS PENDENS ..RECORDS OF DENTON COUNTY, TEXAS;
DENTON COUNTY, TEXAS; APPROVING A SERVICE PLAN FOR THE ANNEXED
PROPERTY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTNE DATE. (A06-0001)
WHEREAS, on or about January 30, 2006, the property owner, SLF Cole Property, LP,
(the "Petitioner") petitioned for voluntary annexation of approximately 3,406 acres of real
property located in the extraterritorial jurisdiction of the City of Denton, Texas; and
WHEREAS, on or about April 26, 2006, the Planning and Zoning Commission
recommended approval of the annexation; and
WHEREAS, the City Council finds that the Property contains fewer than 100 separate
tracts of land on which one or more residential dwellings are located on each tract; and
WHEREAS, this annexation is voluntary and is being made under Subchapter C-l of
Chapter 43 of the Texas Local Government Code; and
WHEREAS, the City Council finds that all required notices were given in the time and .
manner required by law; and .
WHEREAS, public hearings before the City Council were held in the Council Chambers
on April 18, 2006, and May 2, 2006, (both days being on or after the 20th day but before the 40th
day of the date of the institution of the proceedings) to allow all interested persons to state their
views and present evidence bearing upon this annexation; and
WHEREAS, annexation proceedings were instituted for the property describ"ed herein by
the introduction of this ordinance at a meeting of the City Council May 23,2006; and
WHEREAS, this ordinance has been published in full one time in the official newspaper
of the City of Denton on May 28, 2006, after annexation proceedings were instituted and 30
days prior to City Council taking final action, as required by City Charter; and
WHEREAS, the City Council finds that the annexation will allow the city to ensure
development consistent with The Denton Plan; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance
are incorporated herein by reference.
SECTION 2.. The Property is hereby annexed to the City of Denton, Texas..
SECTION 3.. The service plan, a copy of which is attached hereto and made a part
hereof by reference as Exhibit "B" (the "Service Plan")~ and which provides for the extension of
municipal services to the Property, is approved as part of this ordinance. The Service Plan was
made available for public inspection and expl~ation to the inhabitants of the area being annexed
at the above described public hearings.
SECTION 4. Should any part of this ordinance be held illegal for any reason, the
holding shall not affect the remaining portion of this ordinance and the City Council hereby
declares it to be its pmpose to annex to the City of Denton all portions of the Property lawfully
annexed regardless of whether any other part of the Property is declared not to be lawfully
annexed into the City. If any part of the Property is already included within the city limits of the
2
City of Denton or within the limits of any other city, town or village, or is not within the City of
Denton's jurisdiction to annex, the same is hereby excluded from the territory annexed as fully as
if the excluded area were expressly described in this ordinance..
SECTION 5: This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the _ day of
, 2006.
PERRY MCNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY.
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNl]2ER.- CITY, ATTORNEY
~-_. -........
3
EXHIBIT "A"
North. Tract
DESCRIPTION 2049.00 ACRES
SITUATED in Denton County, Texas in the J. W. Kjellberg survey, abstract no.
1610, the James McDonald survey, abstract no. 873, the )..W. Byerly survey, abstract
no~ 1458, the J. Dalton survey, abstract no. 353, the J. A. Burn survey, abstract no. 132,
the T. & P. R. R., abstract no. 1292, the A~ C. Madden survey, abstract no. 851, the L N.
Hembree survey, abstract no. 594, the J. Bacon survey, abstract no. 1540, the Wm.
Neill survey, abstract no. 970, the B. B. B. & C.R.R. Co. survey, abstract no. 176, the T.
E. Carruth survey, abstract 1707, being a survey of part of the 562.8 acre "First tracf', a
survey of the 798.2 acre uSecond Tract", a survey of part of the 640 acre "Third Tract"
described in a deed from T. E. Carruth, et al to M. T. Cole, dated December 22, 1931,
recorded in Volume 238, Page 410, a survey of part of the 415 acre tract described in a
deed from Rudy Copeland and wife, Mary A. Copeland to M. T. Cole, dated September
26, 1933, recorded in volume 243, page 572, both deeds of the Denton County deed
records, being described by metes and bounds as follows:
BEGINNING at an ~-inch iron pin found at the northwest corner of said 798.2
acre tract in the center of Tom Cole Road (east-west asphalt road) and Cot Wolfe
Road(rock road) from the south;
THENCE South 880 55144" East, generally with the center of said Tom Cole
Road, 4685~36 feet to an "x" cut in a concrete bridge;
THENCE North 890 43' 13" East, generally with the center of said Tom Cole
Road,
2521.29 feet to a %-inch iron pin set in place of a nail found at the northeast corner of
said 798.2 acre tract;
THENCE South 000 23' 40" West, with the east line of said 798.2 acre tract and
generally near an old fence, 1865,,00. feet to an 'Y2-inch iron pin set by a corner post at
the east-southeast corner of said 798.2 acre tract; same being in the north line of said
640 acre tract;
THENCE South 880 52' 00" East, with the north line of said 640 acre tract and
generally near an old fence, 1616.90 feet.to an Y2-inch iron pin set near a corner post at
the northwest corner of the 24.73 acre "Tract OnefJ recorded in volume 871, page 137;
THENCE South 010 071 5811 West, with the west line of said 24.73 acre tract and
generally near a fence, 950.05 feet to an Y2-inch iron pin found at the west-southwest
corner of said 24.73 acre tract;
THENCE South 880 58' 35" East, with a south line of said 24.73 acre tract,
144.97 feet to an ~-inch iron pin found at an inside corner of said 24.73 acre tract;
THENCE South 010 05' 17" West, with a west line of said 24.73 acre tract and
with the west line of the 13.89 acre UTract Twon in said volume 871, page 137,699.86
feet to an %-inch iron pin found at the southwest corner of said 13.89 acre tract; same
being the northwest corner of the 31.107 acre tract recorded in clerkJs file no. 94-71013;
THENCE South 090 20' 01 II West, with the west line of said 31.107 acre tract,
1010.. 79 feet to an 'Y'2-inch iron pin found at the southwest corner of said 31.107 acre
tra ct;
4
THENCE South 880 53' 58" East, with the south line of said 31.107 acre tract,
1499.78 feet to an %-inch .iron pin found at the southeast corner of said 31.107 acre
tra ct;
THENCE North 070 10' 06n West, with the east line of said 31.107 acre tract,
1009.80 feet to an %-inch iron pin found at the northeast corner of said 31.107 acre
tract; same being the southeast corner of said 13.89 acre tract;
THENCE North 01 0 06' 57" East, with the east line of said 13.89 acre tract and
an east line of said 24.73 acre tract 699.98 feet to an )'2-inch iron pin found at an inside
corner of said 24.73 acre tract; .
THENCE South 880 52' 57" East, with a south line of said 24.73 acre tract,
144.76 feet to an %-inch iron pin found at the east-southeast corner of said 24.73 acre
tract;
THENCE North 010 04' 51" East, with the east line of said 24.73 acre tract,
629.19 feet to an %-inch iron pin found at the northeast corner of said 24~73 acre tract;
THENCE North 890 25' 26" East, with the south line of the Southeast Airport
Addition recorded in volume G, page 295 of the Denton County Plat Records, 1534.00
feet to an 'Y2-inch iron pin found at the southeast corner of said Airport addition, in the
center of Westcourt Road(north-sQuth asphalt road);
THENCE .South 000 38' 25" West, with an east line of said 415 acre tract and
generally with the center of said Westcourt Road, 1150.78 feet to a 5/8-inch iron pin.
found at an inside corner of said 415 acre tract;
THENCE North 890 48' 1411 East, generally along Spring Side Road, 870.00 feet
to an %-inch iron pin found at the northwest corner of the 10 acre tract recorded in
volume 971, page 251;
THENCE southerly along the east side of Underwood Road(north-south asphalt
road) as follows:
South 000 11' 34" East, 646.53 feet to a 5-inch pipe corner post;
South 000 48' 00" East, generally near a fence for part of the way, 645.16
feet to a 5-inch pipe corner post;
South 000 41' 3211 East, 547.42 feet to a 5/8-inch iron pin found at the
north-northwest corner of the 76.768 acre tract recorded in volume 1166,
page 235;
South 000 DO' 1111 West, with a west line of said 76.768 acre tract and
generally near a wood fence for part of the way, 344.00 feet to an %-inch
iron pin set at an inside corner of said 76.768 acre tract;
THENCE South 890 58' 11" W.est, with a north line of said 76.768 acre tract and
crossing said Underwood Road, 125.00 feet to an Y2-inch iron pin set at the west-
northwest corner of said 76.768 acre tract;..
THENCE South 000 15' 42" East, with the west line of said 76.768 acre tract and
on the west side of said Underwood Road,. passing the southwest comer of said 76.768
acre tract and continuing in all, 1561.35 feet to an Y2-inch iron pin found near said
Underwood Road; same being the north-northwest corner of the 96.85 acre tract
recorded in clerk's file no. 98-117450;.
THENCE South 01 0 54' 5411 West, with a west line of said 96.85 acre tract and
generally with said Underwood Road, 1205.51 feet to an one inch iron pin found at the
5
an inside corner of said 96.85 acre tract; same being the southeast corner of said 415
. acre tract; same being where said road turns west;
TH ENCE North 890 27' 33" West, with the south line of said 415 acre tract and
generally with the center of said Underwood Road, 1362.76 feet to an %-inch iron pin
set at the east-southeast corner of the 18.726 acre "Tract II" recorded in volume 489,
page 551 of the right-at-way of Farm Road No. 2449; .
TH ENCE North 000 28' 37" East, with the east line of said 18.726 acre tract and
the right-af-way line of said Farm Road No. 2449,45.00 feet to an %-inch iron pin set at
the northeast corner of said 18.726 acre tract;
THENCE with the north line of said 18.726 acre tract, the north right-ot-way line
of said Farm Road No. 2449 and generally near a fence as follows:
North 890 31' 23'1 West, 2944~75 feet to an %-inch iron pin set;
South 890 46' 37" West, 7200.01 feet to an %-inch iron pin set;
North 840 30' 45" West~ 100.50 feet to an %-inch iron pin set;
South a90 461 37" West, 200..00 feet to an Y2-inch iron pi.n set;
South 840 03' 59" West, 100~50 feet to an Y2-inch iron pin set;
South a90 461 37" West, 678.22 feet to an %-inch iron pin set;
. North 440 491 38" West, 39.98 .feet to an %-inch iron pin set at the
northwest corner of said 18~ 726 acre tract; same being in the east line of
said C~ Wolfe Road;
THENCE North 000 30' 5611 East, with the east line of said C. Wolfe road and
generally near a fence, 1353.53 feet to an ;%-inch iron pin set;
THENCE North 890 321 131' West, 17 ~ 14 feet to an %-inch iron pin set in the
center of said C~ Wolfe road, in the west line of said 798.2 acre tract;
TH ENCE North 000 32' 15" East, with the west line of said 798 ~2 acre tract and .
generally with the center of said C. Wolfe Road, 6972.35 feet to the PLACE OF
BEGINNING and containing 2049.00 acres.
South Tract
DESCRIPTION 1357.12 ACRES
SITUATED in Denton County, Texas in the S. Paine survey, abstract no. 1035,
the M. Paine survey, abstract no. 1036, the George West survey, abstract no. 1393, the
B. B~ B. & C.R.R. Co. survey, abstract no. :.176, the E.N. Oliver survey, abstract no. 989,
the J. .T~ Evans survey, abstract no. 411, the C. Manchaca survey, abstract no. 789, the
G. W~ Pettingale survey, abstract no. 1041." the J. W~ Kjellberg survey, abstract no~
1610, being a survey of part of 1.08.6 acre tract described in a deed from Maurine P-
Myers, et al to M. T. Cole Trust NO.1, recorded in Volume 1018, Page 453., being a
survey of part of the 562.8 acre UFirst tract" descri.bed in a deed from T. E. Carruth, et al
to M. T ~ Cole, dated December 22, 1931, recorded in Volume 238, Page 410, a survey
of the 640 acre tract described in a deed from T~ E. . Carruth, et al to M. T. Cole., dated
January 4, 1935, recorded in Volume 250, Page 121 , a survey of the 429 % acre tract
described in a deed from T. E. Carruth, et al to M. T ~ Cole, dated March 28, 1936,
recorded in Volume 256, Page 285, all deeds of the Denton County deed records, being
described by metes and bounds as follows:
'6
BEGINNING at an %-inch iron pin set in a broke off Bois d'arc corner post at the
southwest corner of said 640 acre tract; same being in the east line of the 320.350 acre
tract recorded in clerk's file no. 99-67258; ,
THENCE North 000 35' 1511 East, with the east line of said 320.350 acre tract and
generally near a fence, 3057.12 feet to a SIB-inch iron pin found at the northeast corner
of said 320.350 acre tract;
THENCE North 890 23' 04" West, with the north line of said 320.350 acre tract,
153.52 feet to an %-inch iron pin set in the west line of said 1.086 acre tract; same.
being on the east side of H. Lively Road (rock road);
THENCE northerly with the east side of said H. Lively Road, with the west line of
said 1 .086 acre tract and generally near a fence as follows:
North 490 11' 19" East, 31.80 feet to an %-inch iron pin set;
North 060 291 42" East, 103.71 feet to an %-inch iron pin set;
North 070 48' 12" East, 90.24 feet to an Y2-inch iron pin set;
North 190 361 29" East, 83.19 feet to an %-inch iron pin set;
North 170 17' 59" East, 221.61 feet to an %-inch iron pin set at the
northwest corner of said 1.086 acre tract;
THENCE South 890 52' 01" East, with the north line of said 1.086 acre tract,
17.07 feet to an %-inch iron pin found at the northeast corner of said 1.086 acre tract;
same being in the east line of the 160.939.acre tract recorded in volume 1300, page
933; .
THENCE northerly with the east line of said 160.939 acre tract, the east side of
said H. Lively road and generally near a fence as follows:
North 000 48' 45" East, 72.34 feet to an 'Y2-inch iron pin found;
North 000 23131" Eastf 2695~55 feet to an %-inch iron pin set in the south
right-of-way line of Farm Road No. 2449;
THENCE easterly with the south right-af-way line of said Farm Road No. 2449
and generally near a fence as follows: .
North 450 10' 52" East, 41.58 feet to an Y2-inch iron pin set;
North 890 46' 37" East, 679.48 feet to an ~-inch iron pin set;
South 840 30' 45" East, 100.50 feet to an ~-inch iron pin set;
North 890 46' 37" East, 200~OO feet to an 60d nail set in top of a wood
right-at-way marker; .
North 840 03' 59" East, 1 00 ~50 feet to an Y2-inch iron pin set;
North 890 461 37" East, 1462~48 feet to an %-inch iron pin found at the
northwest corner of the 18.28 acre tract recorded. in volume 5, page 709 of
the Lis Pendens records of Denton County, Texas
THENCE South 000 16' 13" East, with an west line of said 18.28 acre tract and
generally near a fence 711.07 feet to an 'Y2-inch iron pin found by a corner post at the
southwest corner of said 18 ~28 acre tract; .~
THENCE North 890 45' 23" East, with the south line of said 18..28 acre tract and
generally near a fence, 1119.68 feet to an. ~-inch iron pin found by a corner post at the
southeast corner of said 18~28 acre. tract;
THEN.CE North 000 12' 56" West, with the east line of said 18.28 acre tract and
generally near a fence, 710.67 feet to an ~-inch iron pin set at the northeast corner of
said 18.28 acre tract, in the south right-af-way line of said Farm Road No. 2449;
.7
THENCE North 890 461 37" East, with the north right-af-way line of said Farm
Road No. 2449 and generally near a fence, 4616.62 feet to an ~-inch iron pin set in an
east line of said 562..8 acre tract;
THENCE South 000 09' 33" West, with an east line of said 562.8 acre tract and
generally with the center of a rock road 1652.60 feet to an Y2-inch iron pin set at the
south-southeast corner of said 562.8 acre tract, where said road turns to the west;
THENCE North 890 28' 3511 West, with the south line of said 562.8 acre tract and
generally with the center of said rock road, 254.68 feet to an ~-inch iron pin set in place
of a 60d nail found at the north-northeast corner of said 429 % acre tract;
THENCE South 000 241 3D" West, with an east line of said 429 % acre tract and
generally near an old fence, 2169.07 feet to a Bois d'arc corner post found at the inside
corner of said 429 % acre tract;
THENCE South 890 56' 06" East, with a north line of said 429 % acre tract and
generally near the evidence of an old fence, passing an %-inch iron pin set by a corner
post at 3125.59 feet and continuing in all, 3151.06 feet to a point on the west edge of
John Paine Road(north-south rock road); same being in a west line of the 2329.49 acre
tract recorded in clerk's file no. 98-117450;
THENCE South 000 33' 24" West, with a west line of said 2329.49 acre tract and
with the west edge of said John Paine Road, 2545.07 feet to an %-inch iron pin found at
the southeast corner of said 429 % acre tract and an inside corner of said 2329.49 acre
tra ct;
THENCE North 890 471 59" West, with the south line of said 429 % acre tract, a
north line of said 2329~49 acre tract and generally near an old fence, 5406.60 feet to a
Bois d'arc corner post found at the southw~st corner of said 429 % acre tract and a
northwest corner of said 2329.49 acre. tract;.
THENCE South 010 59' 48" West, '^(ith a west line of said 2329.49 acre tract and
generally near a fence, 92~25 feet to a Bois d'arc corner post found at an inside corner
of said 2329.49 acre tract and the southeast corner of said 640 acre tract; an one inch
iron pipe found bears South 870 45~ 56" East, 3.46 feet;
THENCE North 890 30' 24" West, w:ith the south line of said 640 acre tract, a
north line of said 2329..49 acre tract and generally near an o.ld fence for most of the way,
5806.65 feet to the PLACE OF BEG I NNI NG and containing 1357.12 acres.
CERTI FICA TION:
I, hereby certify that I made the survey on the ground on August 10, 2004, on the herein
described tract shown hereon and set corner stakes as reflected on the plat and that
only visible or apparent improvements on the ground are as shown on the survey; to my
knowledge, there are no visible or apparent encroachments, overlapping of
improvements or conflicts except as shown on the survey plat.
Bruce Geer, Registered Professional Land Surveyor No. 4117
1512 W. University, Suite 300
McKinney, Texas 75069
(972) 562-3959
8
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LOCATION MAP
9
EXHIBIT "B"
. Service Plan
CITY OF DENT:ON ANNEliTION PLAN FOR
A06-0001 (Cole RaDfb. - I 35 and Tom Cole Road)
I. AREA ~~1'JEXED
The annexation area is located in the southwestelll portion of Denton's Extraterritorial Jurisdiction
and contains approximately 3,406,,12 acres generally located west. of Interstate 35 West~ south of
Tom Cole Road~
INTRODUCTION
This senrice plan has been prepared in accordance with the Texas Local Govemme11t Code,
Sections 43~021, .43..065, and 43~065(b)-{o) (Vernon 1999~ as amended). Mlmicipal facilities and
services to the annexed .area. described above will be pro~ided or llUtde a\railab-le on behalf of the
City in accordance with the following plan~ The City shall provide the annexed. tract the levels of
seIVice~ infmstructure~ and inftastnlCture maintenance that are comparable to the levels of service~
infrastructure, and infrastructure maintenance available in other parts of the city \Vith similar
topography~ land use~ .and population density.
JU). V ALORillvI ("PROPERTY" O\VNER) ~T.AX SERviCES
A. Police :Protection, Code Enforcement, and ~4.Dimal Control
Police service, including patro11ing~ response to calls, a1Id other routine :functions, win
be provided to tile property upon the effecti,re date of the annexation using existing
personnel and equipment Code enforcement and animal control services will also be
provided to the property upon the ;etIective date of the annexation.
B.. Fire P1~ote.ction
Fire protection (\Vithin the limits of existiQg hydrants) alld elnergency lnedical services
\\ill be prOvided to tile' property upon the effective date of the annexation~ The
estimate<l emergency response time in this area is 10 minute$~ which. is similar to
responses for surrounding properties within the city limits~ The City of Denton \vil1
provide .emergency medical services ("EM::S~') [
c. Roa.ds and SfI"Uts
Roads and streets'\ whicll have b.een properly' l)latted, duly dedicated, and accepted by
the City of Denton and/or Denton County shall be tnaintained by the City of Detlton on
the: effective date of the annexatiolL Installation and maintenance: of street signs" street
lighting and traffic control devices will be maintained by the City of Denton on the
effecti,re date Qf the annexation.
10
DII Parks and Recreation Facilities
Parks and recreational rn.cilities in the area to be annexed '\\iU begin upon the effective
date of the annexation according- to the 2000 Parks and Recreation Master Plan~ No
parks are currently located within the proposed annexation area. Denton neighborhood
park facilities are located within reasonably close distance of the proposed annexation
. area~ Residents of the. proposed annexation area \\iU be able to use existing City o.f
Denton park and recreation facilities and programs.
E. Library Services
Library services win be made available on "the effective date of the annexation on the
sanle basis and at the same leilel as similar libraI)' facilities are maintained throughout
the city~
F~ Building Inspections and Consumer Health Services
Building inspections and consumer health services ,,~ll be made a,,-ailable on the
effective date of the .annexation on the same basis and at the same level as similar
facilities are nmintained throughout the City4 Both se1'\'ices are provided on a ~'cost
rec-OvetY' basis", and permit fees offset the c-Osts of sef'irices delivereti Incomplete
construction luust obtain building permits from the Building InspectioD5 Departnrent of
the City of Denton.
G. Plnnning and Development Ser\ric..es
Planning and development setVices \vill be lnade .available on the effective da.te of the
annexation~ The Planning and .Development Department currently send.ces. this
property by way of administration of the Denton Development Code of the Code of
Ordinances~ concerning subdivision and land. development regulations.
City Council adopted The Denton Plan~ the city's 1999-2020 comprehensive pla~ by Ordinaoce 99--
439 on December 7, 1999. The. Future Land Use Plan addresses both land in the city and its ETJ~ and
the subject. tracts contain Neighborhood Cetlters~ Industrial Centers, Regional Mixed Use (~ters,
Employment Centers and 100 year Floodplain! Environmentally Sensitive Areas~ The Denton .Plan
designates future land llSes to lllanage the quality and quantity of gI'01Aih by organizing tile. land use
patten~ by matching land use :intensity witll available. infrastrnctnre~ and by preserving floodplains as
enviromuental and open space corridors. The. Denton Plan will be used as a basis for fmal zoning
classifications after tile properties are annexecL
UTILITY (RATEPAYER) SER\7ICES
H. Solid Waste CollectioD
The City of Denton is the exclusive residential and commercial solid waste. service
provider itl the Cit~{ r The Department is an entirely fee based operation and received no
resomces from tax~ Solid .waste collection service will be. pro1lided to the property
upon the effective date of tire annexation using existing personnel and equipmentz
Residential and conunercial properties have the opti011 to choose solid waste service
from a private. company or the. City of Denton during the first two years after the
effecthre date of annexation~ after \vhich the City of Denton \\ill become the exclusive
service provider~ The City of Denton Solid Waste Department will honor existing
contracts "ith pliva1e solid waste set'\!ice prO\riders after the effective date of this
11
annexation in accordance with Texas Local. Govenunent Code~ Section 43..056(0)
(Vernon Supp.. 2000). To receive solid waste collection ser\ice~ the customer fllust
contact tbe City of Denton CUstomer Service Office and submit a request/application for
service~
L Water/Waste-\1'ater Facilities
Maintetmnce of water and waste\vater facilities in the area to be annexed that are not
\vithin the service area of another \\~ter or wastewale1~ utility \vilI begin upon the
etIectiv-e date of the annexation using existing personnel and equipment. Cmrently~ the
majority of the area. to be annexed is provided. \\~ith a plivate water wen and a .private
\vastewater system~ A City. of Denton waterline exists in. tbe annexation area~ The City
shall provide a level of \vater and \\'~astewater service~ infrastructure, and inftastmcture
maintenance that is comparable to the level of se1~ices, infrastrncture~ and infrastrncture
maintenance available in other parts of the city with topography, land use~ and
population density similar to those reasonably contemplated or .projected .in the area..
J. Drainage Services
Drainage maintenance will be provided to the property upon the effective date of the
ailllexation. .The City shall provide a level of drainag.e services~ infrastmcture: and
infrastructure maintenance that :is comparable to tlle level of services,. infi-astruct.ure"t BlId
infrastructure maintenance available :in other parts of tlle city with topography~ land. use~
and population density similar to those reasonably contenlplated or projected in the
area.~
K Elecu'ical Services
Denton Municipal Electric is. certified by the State and is obligated to provide electric
utility service. to the annexation area. should a request be made by a property owner~
Electric utility service ViiIi be made .available on the effective: date of the. annexation on
the sanle: basis and at the same level as silnitar facilities are: maintained throughout the
city ~
OTHER SERviCES
Other -sel~ices that may be provided by the City, such as municipal and general administration
will be made available on the effective date of the annexation. :The City shall pro\:ide a.level of
senltces~ in:frastructure~ and infrastructm~e iuaintenance tllat is comparable to !be level of
gervices:~ infra-f)tnlCture, and infrastructure mainten.ance av1rilable: III otber parts of the City with
topography, land use, and population density similar to those reasonably contemplated or
projected in the area.
nlF (,lAPITAL .IM:PROVEMEi\,-S PROGRAL~I (CIPl
No new construction of additional water~ sewer~ street~ and drainage facilities is contemplated
within the annexed area. as. a result of tms. atmexation because the annexed area on tIle date of
annexation ~i.ll have a level of full municipal services equal to other areas within the City
having similar characte1isti~s of topography~ land use~ and population density. Thus, no
construction of public hnprovements is contemplated a.s a result of this annexation that would
begrn within nvo and a half (2 Y2) years after the effective date of the annexation.~ TIle City
shall consider construction of other public. in1provements as the needs dictate on the same basis
12
as such public improv~ements are considered throughout the 'City for areas hav~ similar
characteristics .oftopography.~ land \lSe~ and population densitj'1~
UNIFO' . LEVEL OF SERVICES IvIA Y NOT BE BE:. .lJIRED
NOthing in this 'plan shall reqiUre the Citj( to pEOll-ide a uniform' level of: full nmnicipal services
to eac.h area. of .the City~: including: the annexed Mea~ if different characteristics of topography"
'I _.~__.1: _ ~,.1 >iI~" 1"2;" ..:1' _.~ ~ 4 ...t~_ _ ...1 ......&r:. ~ '1.,._ _..:: ~ f.. v A";-Mi:;I'!I' diN. 'j: - 1_.
Utnu us-e(:' :iUlU 'pvPU1t-l,tton uC.lSlty .are C.onstUClCU a SUlllclent ~ J.M pIlJ'll~ .'. uerent 1.c.\reJ,S
of senriceM
TERM:
flUs service plan shall be 'y-alid for a term of ten (10) years_ Re,newal of the seC\~ice plan shall
be -at the discretion of City Councit
AMENDMENTS
The. sennce. plan may be: :amended if the City~ (;ouncil determines at :8. public hearing that
c.hange-d conditions :or subsequent occut'I'ences make this sect~e plan unworkable or obsolete.
The Citjr. Council may amend tb.e service plan to cunform. t'O the: changed conditions or
subsequent occurrences pursuant to Texas Local Go~~ernment. Code~ Section. 43~056 (Vernon
S. Joo' 0)
. Itpp.~. . ': -
.y./~ffL~ t ... '"
Bat,e.'
.13
AGENDA INFORMATION SHEET
AGENDA DATE:
May 23,2006
DEP ARTMENT:
City Manager's Office
CM:
Howard Martin, Interim City Manager
SUBJECT
Consider adoption of an ordinance canvassing the returns and declaring the results of the
regular municipal election to elect two city council members to Places 5 and 6 and to
elect a mayor to Place 7 of the City Council of the City of Denton, Texas held in the City
of Denton on May 13,2006; and providing an effective date.
BACKGROUND
The City Council ordered an election on February 7, 2006 for the purpose of electing
council members to Place 5 and Place 6 and a Mayor to Place 7. This ordinance formally
canvasses the results of the election of May 13,2006.
Respectfully submitted:
Jennifer Walters
City Secretary
S:\Our Documents\Ordinances\06\Canvass Election 2006.doc
, '.
1 '
ORDINANCE NO.
AN ORDINANCE CANVASSING THE RETURNS AND DECLARING THE RESULTS OF
THE REGULAR MUNICIPAL ELECTION TO ELECT TWO CITY COUNCIL MEMBERS
TO PLACES 5 AND 6 AND TO ELECT A MAYOR TO PLACE 7 OF THE CITY COUNCIL
OF THE CITY OF DENTON, TEXAS HELD IN THE CITY OF DENTON ON MAY 13, 2006;
AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The. City COWlcil finds and declares that the May 13, 2006 regular t~.
municipal election was duly ordered for the purpose of electing Council Members to Districts 5
and 6 and electing a Mayor to Place 7; that proper notice of said election was dilly given and
election officials appointed; that the election was duly held and the returns of the election :;.'
officials have been delivered to the COlIDcil, all in accordance with the laws of the State of Texas
and the Charter and ordinances of the City ofDenton~
SECTION 2.. The official returns of the election officials having been opened, examined,
and canvassed, and the Council hereby finds and declares that 3,677 ballots were cast at the
election, and that the votes cast for each District on the Council were as follows:
EARLY VOTING:
FOR DISTRICT 5:
John Paul Eddy---------------------------------------------------~- 664 votes
Bob Montgomery -------------------------------------------------- 797 votes
J .
FOR DISTRICT 6:
Joe Mulroy ---------------------------------------------------------- 814 votes
Shelley Shay -.------------------------------------------------------- 589 votes
MAYOR, FOR DISTRICT 7:
Justin B ell----------------------------------------------------------- 427 votes
Robert T.. (Bob) Clifton ------------------------------------------- 1 78 votes
Perry MeN eil! ------------------------------------------------------ 906 votes
ELECTION DAY VOTING:
FOR DISTRICT 5:
John Paul Eddy ----------------------------------------------------- 923 votes
Bob Montgomery ------------------------------------------------~- 973 votes
S :\Qur Documents\Ordinances\06\Canvass Election 2006.doc
FOR DISTRICT 6:
Joe Mulroy ---------------------------------------------------------- 984 votes
Shelley Shay -------------------------------------------------------- 838 votes
MAYOR, FOR DISTRICT 7:
Justin B ell----------------------------------------------------------- 554 votes
Robert T .. (Bob) Clifton ------------------------------------------- 328 votes
Perry MeN eil1 -----------------------------------------~---------1, 047 votes
TOTAL VOTES CAST:
FOR DISTRICT 5:
John P au! Eddy --------------------------------------------------- 1,587 votes
Bob Montgomery ---------------------------...--------------------1, 770 votes
FOR DISTRICT 6:
Joe Mulroy -------------------------------------------------------- 1,798 votes
Shelley Shay ------------------------------------------------------ 1,427 votes
MAYOR FOR DISTRICT 7:
Justin Bell----------------------------------------------------------- 981 votes
Robert T .. (Bob) Clifton -----------..------------------------------- 506 votes
Perry MeN eill ---------------------------------------------------- 1,953 votes
SECTION 3. The COWlcil finds and declares that each candidate listed below received a
majority of the votes cast for each District on the Council and that each candidate listed below is
hereby declared to be elected to the City Council of the City of Denton:
FOR DISTRICT 5:
FOR DISTRICT 6:
MAYOR FOR DISTRICT 7:
Bob Mont2omerv
Joe Mulroy
perry McNeill
and the candidates shall assume the duties of their office on the date that they take the official
oath of office.
SECTION 4. That the City Council has found and determined that the meeting at which
this ordinance is considered is open to the public and that notice thereofwas given in accordance
with provisions of the Texas open meetings law, Tex. Gov't Code ch.. 551, as amended, and that
a quorwn of the City Council was present~
Page 2 of3
S:\OUf Documents\Ordinances\06\Canvass Election 2006.doc
SECTION 5. That this ordinance shall become effective immediately upon its passage
and approval..
day of
, 2006.
PASSED AND APPROVED this the
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
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AGENDA INFORMATION SHEET
AGENDA DATE:
May 23,2006
DEP ARTMENT:
City Manager's Office
CM:
Howard Martin, Interim City Manager
SUBJECT
Consider adoption of an ordinance canvassing the returns and declaring the results of the
special municipal election to elect one city council member to Place 4 of the City Council
of the City of Denton, Texas held in the City of Denton on May 13,2006; and providing
an effective date.
BACKGROUND
The City Council ordered an election on February 21,2006 for the purpose of electing a
council member to Place 4. This ordinance formally canvasses the results of the election
of May 13,2006.
Respectfully submitted:
Jennifer Walters
City Secretary
S :\Our Documents\Ordinances\06\Canvass Election 2006-District 4.doc
ORDINANCE NOA
AN ORDINANCE CANVASSING THE RETURNS AND DECLARING THE RESULTS OF -
THE SPECIAL MUNICIPAL ELECTION TO ELECT ONE CITY COUNCIL MEMBER TO
PLACE 4 OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS HELD IN THE
CITY OF DENTON ON MAY 13,2006; AND PROVIDING AN EFFECTIVE DATEA
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1 ~ The City Council finds and declares that the May 13, 2006 special
municipal election was duly ordered for the purpose of electing a Council Member to District 4;
that proper notice of said election was duly given and election officials appointed; that. the
election was duly held and. the returns of the election officials have been delivered to the
Council, all in accordance with the laws of the State of Texas and the Charter and ordinances of
the City ofDenton~
SECTION 2. The official returiJ.s of the election officials having been opened, examined,
and canvassed, and the COWlcil hereby finds and declares that 3,677 ballots were cast at the
election, and that the votes cast for District 4 on the Council were as follows:
EARLY VOTING:
FOR DISTRICT 4:
Guy L~ McElroy ------------------------------------------------------------- 384 votes
ELECTION DAY VOTING:
FOR DISTRICT 4:
Guy L. McE1roy---------------------~--------------------------------------- 363 votes
TOTAL VOTES CAST:
Guy L~ McElroy ------------------------------------------------------------- 747 votes
SECTION 3. The Council finds and declares that the candidate listed below received a
majority of the votes cast for District 4 on the COlUlcil and that the candidate listed below is
hereby declared to be elected to the City Council of the City of Denton:
FOR DISTRICT 4:
Guv LA McElrov
and the candidate shall assume the duties of his office on the date that he takes the official oath
of office..
." S :\OUT Documents\Ordinances\06\Canvass Election 2006-District 4.doc
SECTION 4. The City Council has found and determined that the meeting at which this
ordinance is considered is open to the public and that notice thereof was given in accordance
with provisions of the Texas open meetings law, Tex. Gov't Code ch. 551, as amended, and that
a quorum of the City Council was present
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval..
PASSED AND APPROVED this the
day of .
~ 2006.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWlN M. SNYDER, CITY ATTORNEY
BY:
Page 2 of2
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