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HomeMy WebLinkAboutNovember 14, 2006 Agenda AGENDA CITY OF DENTON CITY COUNCIL November 14, 2006 After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Special Called Meeting on Tuesday, November 14, 2006 at 4:00 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. ITEMS FOR INDIVIDUAL CONSIDERATION A. Consider adoption of an ordinance on first reading to voluntarily annex approximately 1.9 acres into the corporate city limits of the City of Denton, Texas. The property is generally located in the southeastern area of the City of Denton's extraterritorial jurisdiction (ETJ) on Teasley Lane and Old Alton Road legally described as a part of a 5.41-acre tract of land situated in the J.C. Baker Survey, Abstract 47, Denton County, Texas. The Planning and Zoning Commission recommends approval (7-0). (A06-0002, Corinth Substation Annexation) B. Consider adoption of an ordinance on first reading to voluntarily annex approximately 33 acres into the corporate city limits of the City of Denton, Texas. The property to be annexed is generally located in the northwestern area of the City of Denton's Extraterritorial Jurisdiction (ETJ) north of US 3 80 west of Masch Branch Road and legally described as Lot 2 of the Marriott Garden Addition. The Planning and Zoning Commission recommends approval (7-0). (A06-0004, Lot 2 of the Marriott Garden Addition Annexation) C. Consider approval of a resolution of the City Council of the City of Denton, Texas, supporting state legislation allowing citizens to vote to exempt from the two-percent cap on local sales tax any local sales tax committed to public transportation initiatives; and declaring an effective date. D. Receive a report, hold a discussion and give staff direction regarding the City of Denton's Sesquicentennial Celebration. NOTE: The City Council reserves the right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with Chapter 551 of the Texas Government Code, as amended, including without limitation, Sections 551.071-551.086 of the Texas Open Meetings Act. However, the Council reserves the right to take action at the meeting regarding any item on the agenda. 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: November 14, 2006 DEPARTMENT: Planning and Development De artment ACM: Howard Martin, 349-8232 ~ SUBJECT A06-0002 (Corinth Substation Annexation) Consider adoption of an ordinance on first reading to voluntarily annex approximately 1.9 acres into the corporate city limits of the City of Denton, Texas. The property is generally located in the southeastern area of the City of Denton's extraterritorial jurisdiction (ETJ) on Teasley Lane and Old Alton Road legally described as a part of a 5.41-acre tract of land situated in the J.C. Baker Survey, Abstract 47, Denton County, Texas. The Planning and Zoning Commission recommends the annexation proceed as presented (7-0). BACKGROUND Applicant: Masterplan Dallas, TX A voluntary annexation proceeding is being considered by the City of Denton for the Corinth Substation. 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, Masterplan, petitioned the City for the voluntary annexation of approximately 1.9 acres of land into the City. The applicant is proposing to construct an electrical substation for TXU. ~ On September 12, 2006, staff received direction from the City Council to proceed with the annexation. ~ The City of Denton issued a letter of intent to property owners for annexation on September 15, 2006. ~ On October 5, 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 support or in opposition from property owners within 200' of the proposed annexation area. (See Attachment 4). ~ The City Council has held two public hearing on October 17, 2006 and October 24, 2006. ~ On October 25, 2006 the Planning and Zoning Commission voted to recommend the annexation procee as presente . ~ The Comprehensive Plan identifies this area to be within Neighborhood Centers land use designations. OPTIONS 1. Proceed with the annexation. 2. Amend the land area proposed for annexation. 3. Amend the Service Plan. 4. Discontinue annexation. RECOMMENDATION Staff recommends approval of the annexation ordinance on first reading. PRIOR ACTION/REVIEW (Council, Boards, Commissions) City Council Work Session September 12, 2006 Intent to Annex Notification Mailed September 15, 2006 1 St CC Public Hearing October 17, 2006 2nd CC Public Hearing October 24, 2006 P&Z Public Hearing October 25, 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. EXHIBITS 1. Service Plan 2. Service Analysis 3. Location Map 4. Notification Map 5. Annexation Schedule 6. P&Z Minutes 7. Ordinance Respectfully submitted, Kelly Carpenter, AICP Planning and Development Director EXHIBIT 1 CITY OF DENTON ANNEXATION PLAN FOR A06-0002 -Corinth Substation I. AREA ANNEXED The annexation area is located in the southern portion of Denton's Extraterritorial Jurisdiction and contains approximately 2 acres generally located on Teasley Lane and Old Alton Road. II. INTRODUCTION This service plan has been prepared in accordance with the Texas Local Government Code, Sections 43.021, 43.065, and 43.065(b)-(o) (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. III. 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 3.5 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. 1 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 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, concerning subdivision and land development regu ations. 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 subj ect tract is within the Neighborhood Centers land use designation. 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. IV. UTILITY (RATEPAYER) SERVICES A. 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 2 collection service will be provided to the property upon the effective date of the annexation using existing personnel and equipment. To receive solid waste collection service, the customer must contact the City of Denton Customer Service Office and submit arequest/application for service. B. Water/wastewaterFacilhies 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. City of Denton 24-inch pressure force main exists in the annexation area. Additional water and sewer lines are located along the boundaries of 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 proj ected in the area. C. 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. D. 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. Denton Municipal Electric is the current electric service provider for this site. V. 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 projected in the area. VI. CAPITAL IMPROVEMENTS PROGRAM (CIP) 3 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 %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. VII. 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. VIII. T_ 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. IX. 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). 4 Exhibit 2 SERVICE AREA ANALYSIS A06-0002 -Corinth Substation Fire 1. Fire and Emergency Medical Services can be provided to the area from station(s) # 5, located at Teasley at Lilian Miller. 2. Estimated response time. 3_5 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? No If yes, what is the CIP program year? 5. Will a new fire station be requested in upcoming CIP proposals to serve this area? . If yes, when should this station be operational? 6. Total estimated funding for equipment, employees and/or facilities needed to serve this area strictly based on annexation and proposed development. N/A 7. Please comment on the cumulative impact of annexation and development. At what population level would another fire station facility be required? N/A Is there an accepted facility/equipment to population ratio that can be used for planning purposes? N/A Is there an accepted fire fighter to population ratio that can be used for planning purposes? N/A Additional Comments: This area is already serviced by the Fire Department. No negative impact anticipated. Rick Jones/Fire Marshal Sept. 15, 2006 Person to contact if there are questions Date 1 Exhibit 2 SERVICE AREA ANALYSIS A06-0002 -Corinth Substation Parks and Recreation 1. 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. Since this site is not planned for residential development, the annexation will not have any negative impact on Park and Recreation services. Current area residents will be able to use existing City of Denton parks, facilities and programs. 2. 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? N/A Neighborhood Parks: 2.5 acres per 1,000 population. 5 acres minimum size. (bv Developer) cost per acre. Other facilities Community Parks: 3 acres per 1,000 population. 30 acres minimum size. cost per square foot. 3. How much additional funding will be needed for maintenance if additional park facilities are developed to serve this area? N/A cost per acre. N/A cost per square foot. 4. How many additional personnel would be needed to properly serve this area if annexed and developed? N/A additional personnel per 1,000 population; N/A additional personnel per 1,000 square feet of facility; or N/A additional personnel per acre of park. 5. Service Standards: 0.5 to 0.7 FTE additional personnel per 1,000 population (depending on type of service) N/A cost per additional personnel Additional Comments: Since this site is not planned for residential development, the annexation will not have any negative impact on Park and Recreation services. Bob Tickner 9/20/2006 Person to contact if there are questions Date 2 Exhibit 2 SERVICE AREA ANALYSIS A06-0002 -Corinth Substation Police 1. Estimated average response time for this area based on current department conditions: Priority 4 minutes Non-priority 17 minutes Average 10.5 minutes 2. Appropriate average response time in the city based on current department conditions: Priority 4 minutes Non-priority 17 minutes Average 10.5 minutes 3. If annexed and developed as proposed will additional personnel be needed as a specific result of this proposal? NO. If yes, how many? What type? 4. Will additional equipment and funding be needed to serve this area? NO. If yes, what type? 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? N/A 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? 1.79 Officers per 1,000 citizens Additional Comments: Lt. Lenn Carter 9/26/06 Person to contact if there are questions Date 3 Exhibit 2 SERVICE AREA ANALYSIS A06-0002 -Corinth Substation Library 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. With the planned expansion of the South Branch Library, the cumulative impact of annexation and development should not hamper library services. 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. 7.35 is the national sample mean for circulation per capita 5. Is there an accepted employee to population ratio that can be used for planning purposes? Yes. 2712.31 is the national sample mean of population per FTE total paid staff. 6. At what population level would another library facility be required? 131,738 Is there an accepted circulation to population ratio that can be used for planning purposes? Yes. 7.35 is the national sample mean for circulation per capita. Is there an accepted employee to population ratio that can be used for planning purposes? Yes, 2712.32 is the national sample mean for population per FTE total paid staff. If annexed, can anticipated service demands be met using existing materials, facilities, and personnel? Yes. If not, how many additional employees and what type of facilities and materials will be needed to provide services? N/A Additional Comments: Eva Poole, Director of Libraries 26 September 2006 Person to contact if there are questions Date 4 Exhibit 2 SERVICE AREA ANALYSIS A06-0002 -Corinth Substation 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. N/A Personnel. N/A 4. What is the typical revenue collected per: Household. Contact Customer Service, 940-349-8069, for cart rates and sizes. Commercial Business Dumpsters and Roll-Off containers are available. 5. Will additional equipment be needed to serve this area if annexed or developed? Type of Equipment. No Cost of Equipment. No 6. Will additional employees be needed to serve this area if annexed or developed? Type of Employees. No Number of Employees. No 7. Please comment on the cumulative impact of annexation and development. At what population level would additional equipment be required? N/A 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: We can serve the area immediately; during construction and on a permanent basis following construction. S. Lebsack 9/19/06 Person to contact if there are questions Date 5 Exhibit 2 SERVICE AREA ANALYSIS A06-0002 -Corinth Substation Electric Utilities 1. What is the distance to, location of, and size of the nearest City of Denton electric line? DME facilities are at the site. 2. What type of lines and facilities would be required to serve this area? None 3. Are any new lines or facilities proposed for construction to serve this area? None 4. Are there any potential responsibilities if this area is annexed? None 5. Please comment on the cumulative impact of annexation and development. At what population level would additional equipment be required? Is there an accepted equipment to population ratio that can be used for planning purposes? Is there an accepted employee to population ratio that can be used for planning purposes? Additional Comments: Don McLaughlin (940) 349-7119 9/5/2006 Person to contact if there are questions Date 6 Exhibit 2 SERVICE AREA ANALYSIS A06-0002 -Corinth Substation Water/Wastewater 1. What is the nearest City of Denton water line? Size of water line. 8 inch Location of water line. Teasley Lane Distance from proposed annexation. 250 feet 2. What is the nearest City of Denton sewer line? Size of sewer line. 12 inch Location of sewer line. South of Old Alton Road Distance from proposed annexation. 250 feet 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 N/A Sewer lines N/A 4. Are there any City of Denton lines included in the proposed annexation? Existing 24-inch sewer force main from Hickory Creek Lift Station 5. Please comment on the cumulative impact of annexation and development. At what population level would additional equipment be required? Is there an accepted equipment to population ratio that can be used for planning purposes? Is there an accepted employee to population ratio that can be used for planning purposes? Additional Comments: The existing 24-inch sewer force main located within the property carries wastewater flow from the entire Hickory Creek sewer basin. Any future construction activity shall not adversely impact this existing sewer force main and all construction shall be outside the easement for this line. Tim Fisher, Assistant Director Water P. S. Arora, Assistant Director Wastewater 9/25/2006 Person to contact if there are questions Date 7 Exhibit 2 SERVICE AREA ANALYSIS A06-0002 -Corinth Substation Engineerinq 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 Tvpe of Improvement Approximate Cost None 2. Are any of these improvements presently scheduled to be done at state or federal expense? No. If yes, please identify facility and anticipated date improvements will begin. 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). 4. Will additional equipment and facilities be needed as a specific result of this annexation and development? No. If yes, what type of equipment or facility? 5. Please comment on the cumulative impact of annexation and development. At what population level would additional equipment be required? N/A Is there an accepted equipment to population ratio that can be used for planning purposes? N/A Is there an accepted employee to population ratio that can be used for planning purposes? N/A Additional Comments: It should be noted that the property to the south "the JR Marriot -Old Alton Business Park" parcel has dedicated the ROW for Old Alton Road so as to have the curves substantially increased such that the new alignment of Old Alton will no longer be adjacent to this property. As parcels are platted in the "park", common access through it to the Substation parcel will be required. The improvements are being managed by Denton County Public Works Christopher Steubing, P.E. Director of Public Works Denton County 1505 E. McKinney Street Suite 175 Denton, TX 76209 940.349.2960 ph Bud Vokoun 9/26/2006 Person to contact if there are questions Date 8 Exhibit 2 SERVICE AREA ANALYSIS A06-0002 -Corinth Substation Denton Independent School District 1. Education services are currently provided by: 2. If annexed, can anticipated service demands be met using existing materials, facilities and personnel? 3. If not, how many additional employees and what type of facilities and materials will be needed to provide services? 4. Estimate additional funding needed strictly based on proposed annexation and development. 5. Will projected school taxes from this development provide that additional funding? 6. Please comment on the cumulative impact of annexation and development. 7. At what population level would other school facilities be required for the City of Denton? 8. Is there an acceptable employee to population ratio that can be used for planning purposes? Additional Comments: Person to contact if there are questions Date 9 1 I ~ I 1 1. 111 ~ 1 s ~ i i ~ ~ ~i / • - ~ . ~f ' ; r - ILy ~ S ' J h ~ J f t 7 ,r 1 / ~ -Fi ~ i~.,. ~ - 5 %r ~ r If r,' . , . , 1 ~  %.►ILy Exhibit 4 Notification Map A06-0002 LEATHERWOOD 200 FEET NOTIFICATION 500 FEET NOTIFICATION SITE TEASLEY ~O~ Pv O N Legend A Annexation Site 200 FEET NOTIFICATION 500 FEET NOTIFICAITON  V Ity LI rrl Its EXHIBIT 5 Proposed Annexation Schedule A06-0002 -Corinth South Substation Notices to Intent to Annex (30 day prior to lst PH) will be send on September 15tH Tuesday, 10/17/06 City Council conducts first public hearing. • Public notice must be no less than 10 days and no more than 20 days before public hearing. ❑ Annexation Study prepared and available for public review. ❑ Service Plan prepared and available for public review. Tuesday, l0/24/06 City Council conducts second public hearing. (Special Called Meeting) • Public notice must be no less than 10 days and no more than 20 days before public hearing. Wednesday, l0/25/06 Planning and Zoning Commission public hearings -make a recommendation to City Council regarding the ro osed annexation and zoning Tuesday, 11/14/06 City Council by afour-fifths vote institutes annexation proceedings. (Special Called Meeting) First reading of annexation ordinance. • Action must be more than 20 days after the second public hearing but less than 40 days from the first public hearing. Sunday,ll/18/06 Ordinance published • The ordinance cannot be acted upon until at least 30 days after publication. Tuesday,12I19106 City Council by afour-fifths vote takes final action. Second reading and adoption of the annexation ordinance. City Council considers approval of zoning request. • Council action must be more than 30 days after publication of ordinance and less than 90 days after council institutes annexation proceedings (adopts ordinance on 1 st reading). The second reading of the ordinance and zoning approval could be held any time between December 19, 2006 and February 13, 2007. Annexations must be rigidly coordinated in conjunction with the City 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 (1st Reading of the Ordinance) more than 20 days after the second City Council public hearing but less than 40 days from the first City Council public hearing. -1- ~on~~nsIt~ Page 57 Page 59 l ~;OMMISSIONF~t STRANGE: The next item which 1 today and we're we're looking at that, yes. ~ is 5E has been pulled from the Agenda by the applicant. 2 COMMISSIQNIrR wA~'I~IN: Thank you. 3 V~e'll go to which is a voluntary annexation and 3 MR. C~THR[7M: so when we file something or 4 service plan of approximately 1. acres at the junction of 4 it actually may be after we file something, we may have ~ Teasley Lane and old Alton Road. Mrs, Chewle, ~ to revise the development plan and we'11 move forward on ~ M5. CHEwLE: The applicant master plan ~ that, ? petitioned the City for a voluntary annexation of 7 coMMlssloNlsR STRANGE; staff, 8 approximately 1,9 acres of land into the City, The S M. CARISEN~'ER: Mr. Chairman, just let me 9 applicant is proposing to construct an electric substation 9 clarify, At last night's public hearing at the Council, l ~ for TxU. The property is generally located in the 10 Counc~hnember Montgomery po1nted out that there was a l I southeastern a~a of the City of Demon's extraterritorial l 1 historic activity that occurred on this site and requested ~ 12 jurisdiction, on Teasley Lane and old Alton Road, legally 12 of the applicant to consider whether or not they would 13 described. as a part of 5,41 acre tract of land situated in 13 assist in the placement of a historic marker on the site. 14 the J.C. Baker Survey, Abstract 4'], Denton County, Texas. l~ And applicant has indicated his willingness to negotiate l5 The ruining ~.5 acres 3.51 acres are within the city 15 that as we go through this process. It's not a factor in 1 G limits and are zoned 1eighborhood residential Tl~ 16 the annexation really, directly. 1? triangle that's in pink is the one that is to be annexed. 17 COMMISI~NI;R STRANGE: Any other questions 18 The whole the property that is proposed for the TXU 18 of the applicant? Thank you very much, l9 Electric substation is this whole triangle here. The area 19 MR. C4TI~RUM: Thank you. ~0 proposed for annexation is within our ETA. The 20 COMMISSIONER STRANGE: We have no other ~ l comprehensive plan identifies this area to be within 21 cards on this item. Is there anyone else who wishes to neighborhood centers land use designation, Cn September ~2 speak? ff not, we'll close the public hearing, Do we 23 l ~#h, ~Ofl~, staff received direction from City Council to 23 have a motion on this item? 24 proceed with dace annexation, ~4 CaMMISSI❑NER V+TATKINS: Move we proceed on 25 Dn October l7th, X006, Denton City Council ~5 schedule, Page 5S Page bo 1 held the first of the two public hearings and on October 1 C~NCMISSt~NER `I'HIB~U~AU~; ~ecand. ~ 24th, ~ODb, second Denton City Council public hearing was ~ C~M~II~SIDNER STRA]vrGE: sue have a motion by 3 bold. Staff recommends that the public hearings proceed 3 r, watkin~, and a second by Dr`, Thibodeaux, Any . 4 as scheduled finding that the need to manage and 4 discussion? Please, vote, The vote passes '~-a. 5 coordinate development in an orderly manner is a ~ significant city objective that the City of Denton will ~ 7 pursue. If you have any questions I will take them now. 7 ~ COMMISSIONER STRt~NOE: Any questions of $ 9 staff? a will now open the public hearing and I guess 9 10 the applicant is the City 10 11 MS. CHEwGE: xo. 1 i l~ COivIMISSIONEf~ STRANGE; IS the applicant 1 ~ 13 here and do they wish to speak? l3 I ~ MR, coTxRVM: Dallas Cathrum, 900 ,lackson l 4 l ~ street, Dallas, Texas representing TxU Electric delivery, 1 S l~ I'll be happy to answer any questions you might have. 16 , l7 COMMISSIONER STRANGE; Ai]y questions of the 17 l applicant? Mr. Watkins, 18 19 CONlMI55IONER wATI~INS: Thank you, Mr. 19 ~0 Chairman, ~Nere you aware of the request that was made 20 21 about the historical plaque ~ 1 MR. COTHRUM: YeS, ~ tallced t0 ~3 COMMISSIONER VPA7KINS: and whether or 23 24 not 24 25 MR. COTHRUM: I talked tO llrls, Carpenter 25 PLAN~IINC~ ~~NiN RECAI~ E~~N, ~CT~B~R ~~D6 Page ~ -Page :~~ur Documentsl0rdinanc~sl~b1A0~-a002.doc ExHi~ir z ODINANOE ~ ~~DINAr~cE a~ THE O~ ~aENToN, TEA, ANNEIN APP~a.vIATE~,~ 1,9 AORE OF LAND ONTIOU~OU~ AND ADJACENT TO THE OITY OF DENTON, TEXAS, LOCATED IN THE SOUTHEASTERN A'~EA OF THE OIT~ OF DEI~TON'S E~TRATEIITO>~IA~ JURISDICTION ~ETJ}; ENEI~ALLY ON TEA~LEY LANE AND DLD ALTDN RDAD LEALI~~ DESCRIBED A A PART OF A 5,~~-ACRE TRACT OP LAND SITUATED IN THE 1.C, EAK.ER SURVEY, ABSTAT 4~", DENTON COUNTY, TEXAS, APPROV~N A SERVICE PLAN FOIE THE ANNEXED P1~OPETY; PROVIDING A SEVEI~LIT~ CLAUSE; AND PROVIDINO AN EFFE~T~VE DATE. ~Aa-a~OZ~ WHEREAS, Pursuant to Section 4~.~b1 of the Texas Laval Government Code, et seq,, have rule cities aro authorised to annex areas that ~e not requited to be in an ar~nexatian plan; and WHEREAS, on or about October 25, 2D~~, the Planr~~ng and honing Commission recommended approval of the annexation; and WHEREAS, the City Council finds that the Property contains fewer than 101 separate tracts of Land on which one ar mare residential dwellings are located an each tract; and WHEREAS, this annexation voluntary and is being made under Subchapter C-1 of Chapter 4~ of the Texas Laval Oovernn~ent Code; and WHEREAS, the City auncil finds that all required notices were given in the time and rriapner required by law; and WHEREAS, public heaxings before the City Council were held in the council chambers an October I?, ~~06, and October ~4, 2~~6, both days being on or aver the bath day but before , the 4~t~ day of the date of the institution of the praceed~ngs} to allow all interested persons to state their views and present evidence bearing upon this annexation; and WHEREAS, annexation proceedings were instituted for the property described herein by the ~r~traductlon ofthis ardlnance at a rneetln afthe Clty Council November 1~, ~a~; and HEREA~ this ardinar~ce has been published in full one time in the official newspaper of the City of Denton an November 1 S, aver annexation proceedings were instituted and ~ days prior to City Council taping final action, as required by City charter; and wHEEA~ the City Council finds that the annexation will allow the city to ensure development consistent with The Denton Plan; NOW, THEREFORE, THE COUNCIL OP THE CITY OF DEN~`ON HERESY ORDAINS; SECTION 1. The findings and recitations captained in the preamble of this ordinance are incorporated herein y reference,  i ETI~I~ The service plan, a cagy of which is attached hereto and made a part hereof by reference as Exhibit "B" the "service Plan"} whrch pravldes for the extenstan of municipal servrces to the Property,ls approved as part of this ardlnanee, The Service Plan was made available for public inspection and explanation to the inhabitants ofthe area being annexed at the above described public hearings.. S SETI~N 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 pity ouneil hereby declares it to be its purpose to annex to the pity 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 pity. If any part of the Property is already included within the city limits of the pity of Denton ar within the limits of any other city, town or vrllage, or 1s not within the qty of Denton's aunsdictian to annex, the same is hereby excluded from the territory annexed as fully as if the excluded area were expressly described in this ordinance. SETI~N This ard.irtance shall become effective immediately upon its passage and approval. t PASSED AND APPR~~ED this the ~ day of , PERRY MCNEI~I~,IVIAY~R ATTEST: JENN~'ER wALTERS, CITY SECRETARY ~ . ~Y: APPR~~ED A T~ LEC~L F~1: EDWIN 1~YDER, RNEY Y  i ~~~~11 ii~?~ EINC~ a ~ .9a acre tract of land situated in the Baker Survey, Abstract No. 47, Denton Jaunty, Texas, and being part of a called 5,41 acre tract of land described in deed from J.w. Roach and wife, Margaret Earline Roach, to Jimmy w. Roach and wife, Brenda I~a.y Roach, aS recarded in ~alun~e 544, Page 510 afthe Deed Records ofDenton bounty, Texas, ~D.R.D.~.T.}, and being more particularly described as foltow: BEINNINC~ at a point in the present city limit line, said point being at the southernmost Intersection of the west line ofth tract described in Ordinance No, 57-119 and the east line of the tract described inOrdinance No. 85-175, and being in the west line of said Baker Survey, the west line of said 5.41 acre tract and the east line of the Gregory and Kathleen Pollocl~ Addition, an addition to the pity of Denton recarded in cabinet Page 139, Plat Records, Denton bounty, Texas, said paint also being 250 feet southwesterly of and parallel to the centerline of Farm to Market Road No. ~ 181, and being on a curve to the left having a radius of 1395.91 feet and whose chard bears South 44 degrees 2 minutes 06 seconds East, a distance of ~2~.04 fee#; 1 THENCE Southeasterly, departing the west Tine cf said Barer Survey, the west line afraid Roach tract and the east line of said Pollock Addition, and along said line 250 feet southwesterly of and parallel to the centerline of F.M. 2181 aril with said curve to the left and the westerly line of said tract described in Ordinance No. 87119, through a central angle of 25 degrees 54 minute 59 seconds, an arc distance of 1,41 feet to a point on the south line of said 5.41 acre tract and the south line of said Baker Survey; THENCE South 89 degrees 00 minutes 59 seconds ~N'est, departing said line parallel to the centerline of F.M. 21 S 1, and along the south llnes of said Baker purvey and said 5.41 acre tract, passing at a calculated distance of 320.42 feet an angle paint in the east line of said tract described in Ordinance Na. 58,175, and continuing along said south lines and said east line, ~n all a total distance af430.02 feet to a %-inch iron rod found far the southwest earner of said 5.41 acre tract and the southwest corner of said Baker Survey; THENCE North O1 degree 0~ minutes 02 seconds west, slang the west lines Qf said Baker Survey and Sold 5.41 acre tract and continuing along the east line of Bald tract described in Ordinance No' 88.175, passing at a call distance of 70.2 feet the southeast corner of said Pollock Addition, and continuing along said east and west lines, in all a total distance of454.10 feet to the POINT OF BECTNN~C AND CONTAINING 52,72 square feet or 1.900 acres of land, mare yr less. ~ a 4 ~~ATI~~ MAC a 4 r' I I i T i EXIIIBIT "B" CITY F ~~NT~I~ A~NE►TIN PLAN FAR Aar-~aa~ - or~~th ub~tati~n I. AREA ANNEXED TIE ANI~E~ATI~N AREA I LOCATED IN TAE ~LITHERN P~RTI~N ~F DFNT~N' EXTRATERRITORIAL J-URIDITIN AND ~~NTA~ APPR~IIViATELY ~ ACRES GENERALLY LOCATED ON TEALEY LANE AND LLD ALTON ROAD. II, IIVTRI~DU~'~I~I~ This service plan has been prepaxed in accvrdar~ce with the Texas Local government Code, Sections 4.~Z 1, 4.~~5, and 43.0~5{b}~~a} ~~ernon 1, as amended}, Municipal facrl~t1es and services to the annexed axes described above wi11 be provided or made available on behalf of the City in accarda~ice with the following plan. The City shall provide the annexed tract the bevels of service, infrastructure, and infrastructure maintenance that are comparable to the levels of service, infrastruct~xe, and infrastructure maintenance available in other parts of the city VV1th similar topography, land use, and population density. III. AD ~AL~RE ~PR~PFRTY ~NER~ TAB SER~IC~S A. Police Protection, and A~lmal 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 erriergency rriedical services will be provided to the ,property upon the effective date of the annexation. The estirrrated emergency response tune in this area is .5 minutes, which is similar to responses for surrounding prapert~es within the city limits. The City of Denton will. provide emergency medical services ~"EI~IS"}. i . Roads and streets Roads and streets, which have been properly platted, duly dedicated, and accepted by the City of Denton andlor 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 b the y Crty ofDe~~ton on the effective date ofthe annexation. D, Parks and Recreation Facilities Paxks and recreational facilities in the area to be annexed will begin upon the effective date of the annexation according to the 2~~~ Parks and Recreation Master Plan, No parks are currently located within the proposed annexation area. Denton neighborhood park facilities are within reasonably close distance of the proposed annexatiar~ area. residents of the proposed annexation area gill be able to use existing City of Denton park and recreation facilities and programs. i Library services Library services will be made available on the effective date of the annexation an the same basis and at the same level as similar library facilities are maintained throughout the city. Building Inspections and consumer health services Building inspections and consumer health services will be made available on the effective date of the annexation vn the same basis and at the same level as sirr~ilar facilities are maintained throughout the City Both services are provided an a "cost recovery" basis, and permit fees offset the costs of services delivered. Incorriplete construction must obtain building permits from the Building Inspections Department ofthe City ofDenton. . Planning and Deveiapment er~vices 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, concerning subd1v11on and land development regulations. k City Cauncll adapted The Denton Plan, the city's 1 X99-~a2a comprehensive plan, by ordinance 99-4~9 an December ~,199~ The Future Land Ilse Plan addresses both land in the city and its ETJ~, and the subject tract is within the Neighborhood Centers land use designation. The Denton Plan designates future land uses to manage the quality and quantity of growth by organizing the land use patterns, by matching Iand 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 f nal zoning classifications aver the properties are annexed. I~'. UTILITY ~RATFFAYER} RVICF A. oiid Waste aliection 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 e provided to the property upon the effective date of the annexation using existing personnel and e~uipnrent. To receive solid waste collection service, the customer must contact the City of Denton Customer service ~ff~ce and submit a requestlpplicatianfoi service. B. waterlwastewaterFccilities  i 4 5 1 Maintenance of water and wastewater facilities in the area to be annexed that are not within the service area of another water ar v~rstewater utility will begin upon the effective date of the annexation using existing personnel and equipment. City of Denton ~~4-inch pressure force main exists in the annexation area. Additional water and sewer lines are Located .long the boundaries of the annexation area, The City will 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 thane reasanably conterriplated or pro j ected in the area. C. Drainage crvices Drainage maintenance will be provided to the property upon the effective date of the annexation. The City will 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 cit with topography, land use, and population density similar to thane reasonably contemplated ar prod ected in the area. D. Electrical erviccs Denton Municipal electric i certified by the state and is abli aced to rovide electric utility service to the annexation area should a request be made by a praper#y owner. Electric utility service will be made available on the effective date of the annexation an the carne basis and at the same level as similar facilities are maintained tt~roughaut the city. Denton Municipal Electric is the current electric service provider for this site, v. DTHE~ ~E~vI~E ether services that may be provided by the City, such as municipal and general administration wi11 be made available on the effective date of the anriexatian. 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 lll other parts of the City with topography, land use, and population density similar to those reasanably contemplated or projected in the area. V~, AP~TA~ ~NIP~OVE~ENT P~DRAM ~~IP} Na 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 tile, and population density, Thus, na construction of public improvements is contemplated as a result of this annexatj on that would begin within two and a half years aver the effective date of the annexation, The City shall consider construction of other public improvements as the needs dictate an the same basis as ~  i r such pubic in~provemcnts are considered throughout the pity for areas having similar characteristics oftopograph~, land use, and population densit~r. VII. UI~I~'~RNI LEVEL ~F ERVi~E 1VIA►Y NAT BE REQUIRED Nothing in this plan shall require the pity to provide a uniforrn level of full municipal services to each area of the pity, including the annexed area, if different characteristics of topography, land use, and population density are considered a sufficient basis far providing different le~}~els of service, VIII. T~ This service plan shall be valid for a term of ten ~ ~ a} years. Renewal of the service plan shall be at the discretion of pity council. I AIVIEN~IVIENT The service plan nay be amended ,if the pity council determines at a public hearing that changed conditions ar subsequent occurrences rrial~e this service plan unworkable or obsolete. The qty council rrry amend the service plan to conform to the changed conditions or subsequent occurrences pursuant to Texas Laval government bode, Section 4.a5~ ~'ernan uppi ~~~0}. { S i i 4 AGENDA INFORMATION SHEET AGENDA DATE: November 14, 2006 DEPARTMENT: Planning and Development ACM: Howard Martin, 349-8232 ~ SUBJECT A06-0004 (Lot 2 of the Marriott Garden Addition Annexation) Consider adoption of an ordinance on first reading to voluntarily annex approximately 33 acres into the corporate city limits of the City of Denton, Texas. The property to be annexed is generally located in the northwestern area of the City of Denton's Extraterritorial Jurisdiction (ETJ) north of US 380 west of Masch Brand Road and legally described as Lot 2 of the Marriott Garden Addition. The Planning and Zoning Commission recommends the annexation proceed as presented (7-0). BACKGROUND Applicant: City of Denton Denton, TX A voluntary annexation proceeding is being considered by the City of Denton for Lot 2 of the Marriot Garden Addition and associated right-of way. The ownership of Lot 2 is split between JVC Partners and Denton County. Denton County has agreed to the annexation of the northern 32 feet of Lot 2 that was purchased in 1997. The subject property is currently being used for industrial and warehousing purposes. The subject property consists of eleven buildings totaling approximately 275,000 square feet. The proposed annexation is being initiated by the City as a result of a breach in the contract between JVC Partners Inc., Marriott Rental Inc., and the City of Denton, dated December 4, 2001. The contract stipulates that the property owner agrees to limit the use of Lot 2 of the Marriott Garden Addition to industrial uses related to the production, storage and distribution of concrete, which were in operation at the time the contract was executed. As well, the industrial uses and existing facilities at the time of the contract, consisting of seven buildings totaling approximately 116,060 square feet, two office trailers, four storage silos and associated scaling equipment, and parking lot areas, were not to expand. The contract also notes several other restrictive covenants that limited the location on site of a temporary concrete batch plant, to one time only for a period of six moths, starting from the approval date of the required Texas Natural Resources Conservation Commission (TNRCC) permit. This covenant required from the property owner the immediate withdrawal of all permitting applications with governmental entities concerning the proposed asphalt batch plant. The agreement further stated that if the property owner develops, constructs, or applies for a permit for uses beyond the uses included in the restrictive covenants, that would constitute breaching the contract and the City could, at its discretion, initiate the voluntary annexation of the subject property. Staff has reviewed the agreement and the subject property and determined that the facilities on-site have been expanded beyond the original agreed upon terms. The Legal department on October 6, 2006, notified JVC Partners and Marriott Rentals, via certified mail, of the contract breach and the City's intent to annex the subject property. The applicant has made contact with the City and requested information about the annexation schedule. In anticipation of the pending annexation, the City contacted the adjacent property owners to determine their interest in participating with the subject annexation (see Exhibit 8). A total of three property owners, including Denton County, were contacted. Of the three, Denton County agreed to annex to the City per Cathy Allcorn, Denton County Planning Manager, but the City received her response after the time needed to process it as a part of this subject annexation. An additional annexation can be pursued to bring the Denton County parcel into the City at a later time. The remaining two property owners had no interest in annexing to the City at this time. The following items summarize the proposed annexation and important actions taken: • September 12, 2006, staff received direction from the City Council to pursue voluntary annexation proceedings for approximately 33 acres legally described as Lot 2 of the Marriott Garden Addition and associated right-of way. • September 15, 2006, the City of Denton issued a letter of intent to annex to property owners. • September 19, 2006, the County Commissioners voted in favor of the proposed city annexation of the county's property (see Exhibit 3). • The entire area proposed for annexation is located within City of Denton's extra territorial jurisdiction and is not zoned. • The City Council has held two public hearing on October 17, 2006 and October 24, 2006. • On October 25, 2006 the Planning and Zoning Commission voted to recommend the annexation procee as presente . • The Comprehensive Plan identifies this area to be within Employment Centers and 100-Year Floodplain land use designations. • The annexation is scheduled for completion on December 19, 2006. Please refer to Exhibit 1. In accordance with the City's annexation policy plan, approved in June 1993, the City will "assess on a case by case basis the annexations of areas in the ETJ when significant developments are proposed." Annexation should be 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. The Lot 2 of the Marriott Garden Addition site is located in Denton's ETJ Division 1. As such, development is subject to only the City's subdivision regulations and not zoning regulations. The subject site is platted; however, any subsequent subdivision or reconfiguration of Lot 2 will be subject to the city's subdivision regulations. Incorporation of this site into the City would not require additional properties. OPTIONS 1. Proceed with the annexation. 2. Amend the land area proposed for annexation. 3. Amend the Service Plan. 4. Discontinue annexation. RECOMMENDATION Staff recommends approval of the annexation ordinance on first reading. PRIOR ACTION/REVIEW (Council, Boards, Commissions) Final plat approved. March 26,1997 First annexation attempt failed due to insufficient votes. June 5, 2001 Second annexation withdrawn and signed contract executed. December 4, 2001 City Council Work Session September 12, 2006 Intent to Annex Notification Mailed September 15, 2006 1 St CC Public Hearing October 17, 2006 2nd CC Public Hearing October 24, 2006 P&Z Public Hearing October 25, 2006 FISCAL INFORMATION Development of this property will increase the assessed value of the city, county, and school district. Proposed annexation area will add additional tax base to the city (see Exhibit 6). EXHIBITS 1. Service Plan 2. Service Analysis 3. Location Map 4. Map of Property Owners Contacted About Annexation 5. Proposed Annexation Schedule 6. Denton County Commissioners Court Annexation Approval Motion 7. Memorandum Addressing Contract 8. Contract 9. P&Z Minutes l 0.Ordinance Respectfully submitted: Kelly Carpenter, AICP, Planning and Development Director EXHIBIT B CITY OF DENTON ANNEXATION PLAN FOR A06-0004 (Lot 2 of the Marriott Garden Addition) I. AREA ANNEXED The annexation area is located in the northwestern portion of Denton's Extraterritorial Jurisdiction and contains approximately 33 acres of land generally located at the Southwest corner of Hampton Rd and Masch Branch Rod intersection and legally described as Lot 2 of the Marriott Garden Addition and associated right-of way. II. INTRODUCTION This service plan has been prepared in accordance with the Texas Local Government Code, Sections 43.021, 43.065, and 43.065(b)-(o) (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. III. 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 7.5 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. 1 H:1Comprehensive Planning1A06-0004 Marriot Garden AddnlService PlanlService Analysis.doc 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 Development Code, Chapter 35 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 subj ect tracts contain 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. IV. UTILITY (RATEPAYER) SERVICES A. 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 2 H:1Comprehensive Planning1A06-0004 Marriot Garden AddnlService PlanlService Analysis.doc 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. 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). The City Ordinance requires Solid Waste services for all residences and commercial businesses located in the City. The City of Denton Solid Waste Department is fully funded through the service fees charged, and receives no funding from city tax revenues. Solid waste refuse collection services will be provided to the newly annexed property immediately upon the effective date of the annexation. All residential homeowners and commercial businesses should telephone the City of Denton Solid Waste Customer Service Department at 940-349- 8787 to initiate service. Commercial customers are required to complete and submit a Service Agreement to Solid Waste Customer Service prior to receiving service. Residential Solid Waste Services Each residential address will be provided a wheeled refuse cart, which will be serviced one time per week. Residents are required to place their refuse cart(s) at the curb prior to 7:00 a.m. on their collection day. Carts should be placed at the curb for collection no earlier than 6:00 p.m. the evening prior to their collection day. Carts are to be removed from the curb no later than 6:00 a.m. on the day following their collection day. All refuse placed in the cart for collection must be bagged to eliminate wind blown debris and littering. Refuse that is not placed in the cart with the lid closed will not be collected. Additional carts may be provided for an additional monthly charge. Weekly yard waste service is provided. Weekly bulky item collection service is provided. Weekly curbside recycling services are provided by Trinity Waste Services. Contact Trinity at 1-800-766-1758 to obtain curbside recycling information. Each residential customer's refuse cart service, curbside recycling service, bulky item collection service, and yard waste service will occur on Monday of each week. Please telephone Customer Service, 940-349-8787, to answer any remaining questions, and sign up for service. 3 H:1Comprehensive Planning1A06-0004 Marriot Garden AddnlService PlanlService Analysis.doc Commercial Refuse Service Each commercial business will be provided with a commercial container(s), which are available in a variety of sizes and frequencies of collection, based on the waste type and volume generated. All refuse placed in the container for collection must be bagged to eliminate wind blown debris and littering. Refuse that is not placed in the container with the lid closed will not be collected. Refuse placed outside the container is subject to code enforcement regulations, including potential fines. Landfill Service The City of Denton Solid Waste Landfill hours of operation are 7:00 a.m. to 4:00 p.m. Monday through Friday; and 7:00 a.m. to 12:00 p.m. on Saturdays. For information regarding disposal charges, call the Landfill Office at 940-349-7510. B. Water/wastewaterFaci1ities 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. Existing City of Denton water and sewer lines are located along the boundaries of 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 proj ected in the area. C. 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. D. 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. Denton Municipal Electric and TXU are the current electric service providers for th1S Slte. 4 H:1Comprehensive Planning1A06-0004 Marriot Garden AddnlService PlanlService Analysis.doc V. 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 projected in the area. VI. 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 %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. VII. 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. VIII. 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. IX. 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). 5 H:1Comprehensive Planning1A06-0004 Marriot Garden AddnlService PlanlService Analysis.doc ANNEXATION REQUEST SERVICE AREA ANALYSIS A06-0004 The Planning and Development Department is processing a voluntary annexation for approximately 33 acres of land in the northwestern area of the City of Denton's extraterritorial jurisdiction (ETJ) generally located at the southwest corner of Hampton Rd and Masch Branch Road intersection and legally described as Lot 2 of the Marriott Garden Addition, according to the plat recorded as document number 97-R0041092 in the Plat Records of Denton County, Texas, and associated right-of-way. Refer to map below. Size. 33 acres Location. Southwest corner of Hampton Road and Masch Branch Road intersection in the northwestern area of the City of Denton extraterritorial jurisdiction (ETJ). Proposed uses. None at this time. Proposed zoning. Not determined at this time. However, the proposed zoning would be within the Employment Center zoning classification The purpose of the service area analysis is to determine how the city would provide services to the area should it be annexed. A service area analysis form is attached. Please provide the requested information and any other pertinent information you deem necessary. 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. The Mobility Plan designates Masch Branch Road as a collector. The property is located approximately 1,500 feet north of University Drive. University Drive is designated as an arterial road. The subject property fronts and has access onto Mash Branch Road. Future Land Uses. The proposed annexation area contains two future land use designations: Employment Centers and 100-Year Floodplain. The 100-Year Floodplain locates along the southwest corner of the subject property. Existing land uses. The subject property is currently used for industrial and warehousing uses. Eleven buildings, totaling approximately 275,000 square feet, locate on site. H:IComprehensive Planning1A06-0004 Marriot Garden AddnlService PIanlService Analysis.doc Prominent natural features. The area to be annexed is located within the Hickory Creek watershed. Environmental Sensitive Areas (FBAs), including floodplain and stream buffers are located along the south and west boundaries of the property. Proximity to other service providers. The annexation area is along the northwestern border of the City of Denton. Based on current data, there is an 8-inch water line along the street frontage of the property. The closest 8-inch gravity sewer line locates on Hampton Road. 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 Deborah Viera in the Planning and Development Department at deborah.viera(a~cityofdenton.com by September 25, 2006. You may reach her at 349-8368 if there are any questions. LOCATION MAP OF PROPOSED ANNEXATION AREA Parcels Proposed for Annexation Current City Limits H:IComprehensive Planning1A06-0004 Marriot Garden AddnlService PIanlService Analysis.doc AERIAL OF PROPOSED ANNEXATION AREA H:\Comprehensive PlanningW06-0004 Marriot Garden Addn\Service Plan\Service Analysis.doc SERVICE ANALYSIS A06-0004 Fire 1. Fire and Emergency Medical Services can be provided to the area from station(s) # 5 & 3, located at the intersections of Windsor and Bonnie Brae, and McCormick and 135E 2. Estimated response time. 7 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? No. 5. Will a new fire station be requested in upcoming CIP proposals to serve this area? No. 6. Total estimated funding for equipment, employees and/or facilities needed to serve this area strictly based on annexation and proposed development. Not Applicable 7. Please comment on the cumulative impact of annexation and development. At what population level would another fire station facility be required? 1 per 20,000 residents Is there an accepted facility/equipment to population ratio that can be used for planning purposes? No. Is there an accepted fire fighter to population ratio that can be used for planning purposes? 1 per 1,000 residents Additional Comments: We already respond to this area. It would have no negative impact on our resources. Rick Jones, Fire Marshal September 15, 2006 Person to contact if there are questions Date H:\Comprehensive PlanningW06-0004 Marriot Garden Addn\Service Plan\Service Analysis.doc SERVICE ANALYSIS A06-0004 Parks and Recreation 1. 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 North Lakes Park (2.15 miles), McKenna Park (2.29 miles), and Airport Open Space Park (2.21 miles). Current residents will be able to use existing City of Denton parks, facilities and programs. 2. 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 not indicate a need for a Community Park in the general area of the proposed annexation. Service Standards: Neighborhood Parks: 2.5 acres per 1,000 population (to be dedicated at time of development) 5 acres minimum size. (by developer) cost per acre. Community Parks: 3.0 acres per 1,000 population 30 acres minimum 3. How much additional funding will be needed for maintenance if additional park facilities are developed to serve this area? None Service Standard: Based on $3,454 (developed) cost per acre 4. How many additional personnel would be needed to properly serve this area if annexed and developed? None Service Standards: 0.5 to 0.7 FTE additional personnel per 1,000 population (depending on type of service) $38,000 per year cost per additional personnel Additional Comments: Bob Tickner, Superintendent of Park Planning and Development Sept. 27, 2006 Person to contact if there are questions Date H:\Comprehensive PlanningW06-0004 Marriot Garden Addn\Service Plan\Service Analysis.doc SERVICE ANALYSIS A06-0004 Police 1. Estimated average response time for this area based on current department conditions: Priority 4 minutes Non-priority 21 minutes Average 12.5 minutes 2. Appropriate average response time in the city based on current department conditions: Priority 4 minutes Non-priority 21 minutes Average 12.5 minutes 3. If annexed and developed as proposed will additional personnel be needed as a specific result of this proposal? No 4. Will additional equipment and funding be needed to serve this area? No 5. Will a police substation or other facility be needed to serve this area as a result of annexation and development? No 6. Please comment on the cumulative impact of annexation and development. At what population level would another police facility be required? Not Applicable 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? 1.79 officers per 1,000 citizens Additional Comments: Lt. Lenn Carter September 25, 2006 Person to contact if there are questions Date H:\Comprehensive PlanningW06-0004 Marriot Garden Addn\Service Plan\Service Analysis.doc SERVICE ANALYSIS A06-0004 LiLi-Y 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. No there will no cumulative impact on library services as a result of this annexation and development. 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. 7.35 is the national sample mean for circulation per capita. 5. Is there an accepted employee to population ratio that can be used for planning purposes? Yes. 2,712.31 is the national sample mean of population per FTE total paid staff. 6. At what population level would another library facility be required? 131,738 Is there an accepted circulation to population ratio that can be used for planning purposes? Yes. 7.35 is the national sample mean for circulation per capita. Is there an accepted employee to population ratio that can be used for planning purposes? Yes. 2,712.31 is the national sample mean of population per FTE total paid staff. If annexed, can anticipated service demands be met using existing materials, facilities, and personnel? Yes Eva Poole, Director of Libraries September 26, 2006 Person to contact if there are questions Date H:lComprehensive Planning1A06-0004 Marriot Garden AddnlService PIanlService Analysis.doc SERVICE ANALYSIS A06-0004 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. Not Applicable Personnel. Not Applicable 4. What is the typical revenue collected per: Household. Residential Carts - 3 sizes Commercial Business Dumpsters and Roll-Off Containers Call Customer Service for rates. 940-349-8787 5. Will additional equipment be needed to serve this area if annexed or developed? No 6. Will additional employees be needed to serve this area if annexed or developed? No 7. Please comment on the cumulative impact of annexation and development. We can begin serving this area immediately. At what population level would additional equipment be required? Not Applicable 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: S. Lebsack September 19, 2006 Person to contact if there are questions Date H:\Comprehensive PlanningW06-0004 Marriot Garden Addn\Service Plan\Service Analysis.doc SERVICE ANALYSIS A06-0004 Electric Utilities 1. What is the distance to, location of, and size of the nearest City of Denton electric line? DME services a portion of the 33 acres and electric service to the rest of the site is provide by TXU. 2. What type of lines and facilities would be required to serve this area? Electric lines to serve this site are in place. 3. Are any new lines or facilities proposed for construction to serve this area? No 4. Are there any potential responsibilities if this area is annexed? The street lighting of Masch Branch Road. 5. Please comment on the cumulative impact of annexation and development. At what population level would additional equipment be required? 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: Donald McLaughin September 15, 2006 Person to contact if there are questions Date H:\Comprehensive PlanningW06-0004 Marriot Garden Addn\Service Plan\Service Analysis.doc SERVICE ANALYSIS A06-0004 Water/Wastewater 1. What is the nearest City of Denton water line? Size of water line. 8 inch Location of water line. Masch Branch Road Distance from proposed annexation. Along the property on Masch Branch Road 2. What is the nearest City of Denton sewer line? On Hampton Road Size of sewer line. The proposed annexation area is served by an existing sewage lift station that discharges into an existing 8-inch gravity sewer line on Hampton Road. Location of sewer line. Hampton Road Distance from proposed annexation. Adjacent to site 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 Not Applicable Sewer lines Not Applicable 4. Are there any City of Denton lines included in the proposed annexation? Existing water and wastewater lines are located within Masch Branch Road and Hampton Road that currently provide service to the proposed annexation area. 5. Please comment on the cumulative impact of annexation and development. At what population level would additional equipment be required? Is there an accepted equipment to population ratio that can be used for planning purposes? Is there an accepted employee to population ratio that can be used for planning purposes? Additional Comments: The proposed annexation area is served by existing water and wastewater lines. No additional capacity is needed to serve the proposed annexation area. Tim Fisher, Assistant Director Water & P. S. Arora, Assistant Director Wastewater September 25, 2006 Persons to contact if there are questions Date H:\Comprehensive PlanningW06-0004 Marriot Garden Addn\Service Plan\Service Analysis.doc SERVICE ANALYSIS A06-0004 Engineerinq 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? Masch Branch Rd between University and the south property line of this parcel is not of sufficient structural integrity to support the expect volumes and type of traffic this site generates and may require substantial improvements or upgrades in the near future. Name and location Tvpe of Improvement Approximate Cost Masch Branch Rd (between mill and overlay unknown at this time University and the south property line) 2. Are any of these improvements presently scheduled to be done at state or federal expense? No 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). Drainage improvements funded by the local government are not required. General comments: The DF-3 floodplain (Zone A) encroaches onto the west side of the property. Fill and grading was completed within the floodplain along the west side of the annexation property to construct the parking area and a warehouse building. The City believes the property owner has not received a letter of map revision from FEMA, which is a violation of the National Flood Insurance Program. Upon annexation, this will also be a violation of the City's Flood Prevention and Protection Code (Chapter 30). The warehouse structure at the southwest corner of the property will be non-compliant upon annexation. The owner will be required to achieve compliance with the NFIP and Chapter 30 as a prerequisite to receiving a development or building permit for any additional improvements to the property. 4. Will additional equipment and facilities be needed as a specific result of this annexation and development? No 5. Please comment on the cumulative impact of annexation and development. At what population level would additional equipment be required? Not Applicable Is there an accepted equipment to population ratio that can be used for planning purposes? Not Applicable H:\Comprehensive PlanningW06-0004 Marriot Garden Addn\Service Plan\Service Analysis.doc SERVICE ANALYSIS A06-0004 Is there an accepted employee to population ratio that can be used for planning purposes? Not Applicable Additional Comments: Bernard Vokoun & Edward Witkowski September 26, 2006 Person to contact if there are questions Date H:\Comprehensive PlanningW06-0004 Marriot Garden Addn\Service Plan\Service Analysis.doc Lot 2 of Marriott Garden Addition Legend O City Limits ~ Parcels Streets Lot 2 of Marriott Garden Addition ~ RCC-N O .I ETJ q ~ SITE ~ City Limits EC-I 0 z 0 ETJ Q I ~ x O ~ U Z IC-E ~ ' ~ EC- IC- ~ NR- I -E ' IC- Legend City Limits Parcels Streets N R-2 EC-I IGE  RCC-N Property Owners Inquired About Annexation Denton County's Property Jack Cole's Property Don Cole's Property ANNEXATION SCHEDULE Lot 2 of the Marriott Garden Addition Potential Annexation Notices to Intent to Annex (30 day prior to 1St PH) will be send on September 15tH Tuesday, 10/17/06 City Council conducts first public hearing. • Public notice must be no less than 10 days and no more than 20 days before public hearing. ❑ Annexation Study prepared and available for public review. ❑ Service Plan prepared and available for public review. Tuesday, 10/24/06 City Council conducts second public hearing. (Special Called Meeting) • Public notice must be no less than 10 days and no more than 20 days before public hearing. Wednesday, 10/25/06 Planning and Zoning Commission public hearings -make a recommendation to City Council regarding the proposed annexation. Tuesday, 11/14/06 City Council by a four-fifths vote institutes annexation proceedings. (Special Called Meeting) First reading of annexation ordinance. • Action must be more than 20 days after the second public hearing but less than 40 days from the first public hearing. Sunday, 11/18/06 Ordinance published • The ordinance cannot be acted upon until at least 30 days after publication. • The publication of the ordinance would be on a Saturday instead of Sunday, as it has been done customarily. This change in publication day would allow holding the second reading of the ordinance on December 19, 2006 Tuesday, 12/19/06 City Council by a four-fifths vote takes final action. Second reading and adoption of the annexation ordinance. City Council considers approval of zoning request. • Council action must be more than 30 days after publication of ordinance and less than 90 days after council institutes annexation proceedings (adopts ordinance on 1St reading). The second reading of the ordinance and zoning approval could be held any time between December 19, 2006 and February 13, 2007. Annexations must be rigidly coordinated in conjunction with the City 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 (1St Reading of the -1- Ordinance) more than 20 days after the second City Council public hearing but less than 40 days from the first City Council public hearing. -2- DENTIN C~UNTY~ ~~MMISSI~NERS ~~URT zoa~ Mon Day Year Court Drder Number, THE oRDER; A royal of the Annexation b the Ci of Denton of Coun Pro er on Masch Branch Road Motion by Seconded by Co~.nt;~dgc Yes Mary Horn Abstain Na Absent Commissioner Pct Na ~ Yes Commissioner Pct No ~ Yes Cynthia White Abstain ~ Sandy Jacabs Abstain No ~ No Absent Absent Cammi signer Pct No 3 Yes ~ Commissioner Pct No 4 Yes Bobbie J. Mitchell Abstain ~ Sim Carter Abstain , No No Absent Absent Motion Carried other Action: Pulled from Consent ~ No Action Postponed BY o THE C4MMI55 HERS COURT: ATTEST: ' Cynthia Mitchell, County Clerk and Ex-4~icio Clerk a~ the residing Uff cer Commissioners Court of ,~~~+t~iiiil~l~~1 Denton County, Texas AP AS TD FQ 1,~~'~~~ ~ ~ ~j~/~~ s s n istrict arney ~ ~ * ~ ~ Deputy County Clerk ~ ~ • ~ ~ ~ ~ ~ ■ .r = a : ~ c~ I~~I~~ J ~ I11~ ~i ~ ~M~~ ~tt!lllttllii .ti r ~ i ~i, dl °'~i~ ~Ei ~ k 4 ~ 4 ~ r ~ ~ ~ i' e R~TR~T~v ov~n~~v~ TOTE ~ TEA. ~.v~ M~~v THEE PR~~T ~~vT~ o~ ~T~~ ~ TAE Restrictive covenants ~"Restrictive avenants"~ are made and entered into as of the ~ ~ d of ~ 2~a 1 b and betv~een the CITY ~F ~~NT~I~ TEA, ~ ~ ~ y the "pity"~, Jv PARTNER, INS,, a Teas corporation the {`Property ~~vner"}, ar~d M.ARRITT RENTAL, INS. ~"Marriott}'}. r ~ER~, the Property finer xs the owner of n approxirr~ate X8,421 ~ acre panel or tract of land located in the Denton County, Texas within the extraterritorial jurisdiction of the City as more particularly described as Lot Black of the Marriott Gardens addition according to the plat thereof recorded s document number 9?~R~~~41 D~~ in the Plat Records of Denton County, Texas, ~"Property"~; and ~ HEREA} Marriott x a lessee on the Property and has made appl~catron with the Texas Natural Resources Conservation Conun~.ssion ~`{TRCC"} and I~entan bounty to construct an asphalt batch plant on the Property; and AREA, the City has irdtiated the involuntary annexation of certain real property which includes the Properly, pursuant to Annexation Case A~1-~~~~ the "Annexation Case"}, far the public benefit and for the benefit of add scent properties and the ov~ners thereof; and BRA, the Property owner has requested that the Annexa~.an base be dismissed in exchange for v~hich they have agreed to enter into these Restrictive covenants for the bene~"~t of Property ~~vner, Marriott, the pity, and the property owners add scent to the Property; and the beneficiaries of these Restrictive covenants are the pity, Marriott, the Prapert~r owner and the property owners adjacent to the Property, and each has the right tv enforce such covenants ~ T~3EREP~RE~ in cons~dertxon of e covenants contained in these Restrictive covenants, ~~aclud~n the pity's dismissal of the Annexation base, the receipt and sufficiency of which is acknowledged, the City, Mar.ott and Property finer agree as follov~: The Property Ov~t7er hereby declares that all of the Properly sha1~ e held, sold and conveyed subject t~ these Rest~.cti~e Covenants, v~hich are for the purpose of protecting the value and des~rab111ty of, and which sha11 rur~ with the Propez~y and be binding on ail par€ies having any right, title or interest in the Property or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of the Property ~~vner, pity, and their successors, heirs and . assigns. # ~ i The Property Owner covenants and agrees with the City that It will not use the Property for any use other than the existing uses and structes ar materially expand the existing uses and structures as defined and shown on Exhibit "A" attached hereto and nude a part by reference the "Existing Uses"} unless the Property is zoned to allow such other use aver the Property is annexed into the City ar unless the Property Owner receives the prior written consent of City. The term Existing Uses also includes the right to locate, one tine only, on the Property a te~nparary concrete batch plant for the production of concrete for use only on the Property, which right shall expire within six months aver the TNRCC issues a permit far the temporary concrete batch plant the "Temporary Concrete Batch Plant"}. Property Owner shall not can~rnence construction or development ar apply for any permits far uses other than the Existing Uses on the Property, unless the Property Owner First receives City's v~ritten consent, ar unless the Property has been annexed into the City and is zoned to allow such use. If Property Owner breaches .its obligations hereunder by ca.n~.encing construction ar development ar applying for a permit for a use not allowed hereunder, such actions shall be deemed a request for voluntary annexation by City and the Property shall, at the dlscret~on of the C1ty, be annexed into the City. The Property Owner and all of its successors and assigns covenant and agree ~ .~~iat such annexation is voluntarily made and shall be considered to be by voluntary petition of the owners of the Property at the time of such annexation. The Property Owner and Marriott hereby wive any and all vested rights including rights and claims that they nay have under Section 4.a~~ and Chapter ~~5 of the Texas Local Government Cade related to uses or potential uses of the Property,. other than the Existing Uses. "ithout 1in~iting the foregoing, this waiver and covenant includes any use of the Property for an asphalt batch plant or similar uses, except for the Existing Uses the "Batch Plant"~. Upon execution of these Restrictive Covenants by all parties, the Property Owner and Marriott hereby agree to immediately withdraw all applications for e Batch Plant upon the Propert~r currently pending Frith any governmental entity and agencyi Marriott agrees to abide by all of the covenants contained in this Section 2. Further, the Property Owner and Marriott acknowledge and agree that the terms, covenants and agreements contained in these Restrictive Covenants do not constitute actions of the City as contemplated by Subsection ~07.~O~a~~~~ of the Texas ~xoverr~rnent Cade and the Property Owner and Ma~Tiott hereby waive any rights, remedies, claims, and causes of action that they nay have under Chapter Z0~7 ofthe Texas Government Code against the C1 1n connection therewith. 3. In consideration of the covenants and agreements contained herein the City has agreed to dismiss the Annexation Case. Furtb.er, to the extent permitted by lave, so long as there ~s no breach of the terms or , condrt~ons of these Restr~ctlve Covenants, the City agrees not to involuntarily annex the Property for a period of five years from the date of the dismissal of the Annexation Case. The Property Owner and Marriott represent and warrant that they are represented by legal counsel, that they ~nae these Restrictive Covenants voluntarily, and that the City's dismissal of the Annexation Case and the City's conditional agreement herein not to involuntarily annex doe Property are individually and collectively adequate consideration far the Property Owner's and Marriott's promises and covenants herein. The City's promise cantaia~ed in this Section regarding not involuntarily annexing the Property for a period of Five gears ~is hereby declared by the parties hereto to be severable, If it is determined by a court of competent jurisdiction to be void, voidable, or unenforceable the remainder of these Restrictive Covenants shall remain in fu11 force and effect as if such provision were not contained herein, Page ~ S:I~harelLAw wPlPat~cial~IA~RI~~'Tl~i~ned Res~~tive Covenant Aft-1:doc w ti r ~ 4. Any person who sells or conveys any portion of e Property shall prior to such sale or conveyance give separate written notice of these Restrictive Covenants to the prospective purchaser or grantee, along with a separate notice to the City including a copy of such written notice. Notice to e City shad be addressed as follows: City Manage City of Denton 215 cinney Denton} Teas 7~2~ 1 These restrictive Covenants are to run with the land described herein as the Property and shall be binding on alI parties and ail persons claiming under them, and any future owners of the Property for a period of fifty years frarn the date these Restrictive Covenants are recorded. These Restrictive Covenants shall not be a1nended without the prior written consent of the City. These Restrictive Covenants may be enforced by the Property owner, the City, and their successors, heirs or assigns by any proceeding at law or in equity. Failure by the Property owner ar the pity to enforce any covenant shall in no event be dee~aed a waiver of the right to do so thereaer. 7, hivalidation of any of the covenants or provisions contained in this in~truarnent by judgment or court order shall not in any manner affect any of the other covenants or provisions herein set forth and all such remaining provisions shall remain in full force and effect. S. ~o subsequent change in the law shall in anyway affect the validity or enforceab111ty of these Restrictive Covenants. 9. This instr~ent rr~ay be separately executed in any number of individual counterparts, and such counterpart signatures, when assembled together, shall constitute one and . e Sa17.1e lnstrurnent. 1 The Property owner represents and warrants to the City that here are na existing liens affecting the Property. If this representation and warranty ~s inaccurate it shall constitute a breach of the terms aza.d conditions of these Restrictive Covenants, The parties hereto have executed these Restrictive Covenants as of the date first above wntten. J~UC PARTNER, C1 M = r L F . Narrze: ~~C~Ie ll~arrio t President Page ~:IS~arelLAw wPl~atricialMARRI~TT15i~ne~ Restrictive Covenant Aft-~ _dac  r s • y 'x i~ ~ ~ ~ ~ s~ 4 .~~i iii ~ ~ ~ L r w 1CI ~0 ~1~~~; ~ - ~ ~ ~u~e Frock,lV~a~ar a E~1111~~~ ~~t~~S ~1t~ ~C~'~~~ ,APP~~~D A PERM. HERBERT ~'~Y ~TT~~Y 5 Pale 4 5:1SharelLA ~FlFatricial~Vf~~~"Ii~ed Restrictive ~~venant A1t~I .d~c F r r r 4 . t ~ ~ 4' r ti A~N~L~~N~~NT STATF ~F TE.A } ~~JNTY ~F DENTIN } } ~ ~ This instment vas ackno~ed~ed before e on the a~ of ~ ,1~~-~ ~ . , by Vickie ~Vlarr~iott, the President of .TVA Partners, ~~c., Tea corporation, on behalf of said eorpartaon. r~•,,. , a 1 1 ivy rip ;µ,{~~qq, E~,;,[x + ~at ~ ~r Notary Pub~~c, in and for the state of Texas i ~ ~ t mmts~ia~ c . -~~03 lV~y o~lsslon expires: ~ .j ~ ►a~xi~ ('',~t' ~~~~~wW T~T~ ~F TEA ~ LINTY ~F DENTIN } Tb.is instrument was acl~noled ed before nee on the a of ' ~ ~ , ~o~l b Vickie ~ Y ll~arriott, the ~i~ of Marriott rentals, inc., a Texas corporation, on behalf o sal corporation. . ~w,~.~. - ~ ~~r,_ ~~~~x`~LODo Not Public in and for the state of Texas _ ~ , - N~~~t~ ~t~ia~i~, ~t~te of Texas . .XF;~y~~~~~ ~~~~'fiSS1C~~ ~~-~~-23 ~ or~.ission expires: , " ~ lil 1451` TATF ~F TNT } ~L~NTY OF D~NT~N } This insient was acknowledged before me on the day of , ~ b~ Euline ~roc~, a~or of tie City of Benton, Texas, on behalf of said city. f N t Publ' , in ar~d for the state of Texas _ ~ ~ NIA oissior~ ex Tres: ,,.•a~p~~R, ~~N~~~R ~.1~ALT~~~ ~ 4~+ y 4{A r I *L4~~r l}~i~i~41 ~LiS6V 11~~~A i ~ ~ f y Cn mm't~~;nr~ Exy~tr~~ . ~ec~mbef ~QO~ Page ~ C•1~har~1T d~J~l ~RIAl~atrir*ialMARRTt~TTICtvn~r~ R~si~rirti~P (•'nv~nant d1t.~ r~nr  _ . ~ ,..R~.....,~,.,.~ ....~..~v ~ , ~.,.w...,.~. , v ,.r., , t - ~ Y L/IB ~T T~~ «TI~ The ~xistir~g uses axe desc.bed as follows and are located in tha structures or buildings as shown below: ~~S ~ 1V~asch Branch Road ~s ppro~.tely ~ ,~0 square foot building used for Offioelwarehousepu~poes. 2~ S 1 ~ 1Vlasch Branch Raad Office Tra~le~. The ~ri.Xe~r series as of.ce. 2~~ 1 ~ ~Vlasch Branch Raad. This is a building approximately 25,~~~ square feet designed and used far officelwarehouse purposes 2~S 1 1V~aseh Branch Road. This ~s a building approximately Z~?~~~ square feet deigned and used for officelwarehouse purposes ~2S 1 D Basch Branch Road. This 1s ~ bulld~ng approxmately ~ ,OaO square feet designed and used far officelwarehause purposes. ~Z$ I ~ aseh Branch. This is a building approximately 1 ~,~~0 square feet designed and used far off~ce~warehouse purposes, ~~7~ N~ach Branch Raad and parking Lot. "this ~s . buxl~.. approximately 11,~~~ square feet designed and used for offieelwarehouse purposes. X275 Basch Branch Road. This is a building approximately 1~,~~~ square feet designed and used for off celwarehause purposes. ll~asch Branch Rand and Parl~ng Lot, Ad~aining Fuel Island and Truck Parking Area: is tlxe exist-~ng tuck soap awned by ~TII~. Two ~2} asphalt Silas scales: The silos are used for the storage of asphalt. The scales are used to weigh the asphalt upon ren~avaX Exam the silos. Scale douse. This 1s ~ small office type structure used to store carnputer equlpn~ent anal erne an afflce. Two ~en~ent kilos: These. are used far the storage of cement. guard Tra~~er. This is a trailer used b~ a uig~it watchrr~an on the Property. gage C•lCl,~,.n11 AtixF ~I7i?l~).~+,~;.•;~lhd~DE7if~TT1C'irrrtiar~ T?actrin+i~rr~ f''r,t,~r,~rt d1r..~ rfine+  L7, {L]11QiG IL[7 ► Yw 1 1A abl I%ei L~1ClA~ [t[V ik 1 1L]1511L►1 X%A10u L%,L1.+r ~..V r V1.LL11L Z "I , .uvv M , } Y ~ 'iY M1 y ~ 'u~ ♦ ~ - ~ a ~ ' t~~ ~ ~ ~ ~ ~ ~ € ~ ~I n r~ ~ ~ ~ . ~ ~ r~ ~ F ~ E. . ~ ' . - : - ' ` ' ~ _ 1 ~ VIII - • r ~r~ ~ ~ : i ~ r ~ d~1. AIL 'x ,r:i r w U! • • ~ • . • L. ~ ~ + • - - :3 F ~ 1. ~ - • ~ ~ ! + 1a .ate ~ - r .i ,i 1 ~ • i ~ ~ ~ ~T • ~ ; ` :fir . ~ w , ' Y ~ r E - ' ~ { .r - • ' - ' r f I ~ ~ . ~~I+ 1 } 1 ~ ~ i ` ' ~ ~ ~ ~ , f ~ ~ ~ . I ~ I r ~ 5i I ' I ~ ~ V 1 t ~ gage .7  1 kfi ondense~~~` Page G1 Page ~3 l co~~ttSioN~t STRANGE: The next item is 1 here and do they wish to speak? ~ have no other cards, ~ Item No, SG. rt's a voluntary annexation and service plan 2 Is there anyone else who wishes to speak? Seeing none, 3 for approxunately 33 acres located to the north of U.S. 3 we'll close the public hearing. Do we have a motion on 4 3SO and west of March Branch Road, Lot ~ of the Marriott 4 this item? ~ Garden Addition. Ms, Chewle. ~ C~MMISSIONF~t EAGLETDN: I'll rraove approval, ~ ~v15. CHEWLE: The applicant for this 6 Mr. Chairman. 7 annexation is the City of Denton. 'phis is a voluntary ~ ~o~MtsStoNEit STRANGE: we have a motion by 8 annexation proceeding considered by the City of Denton for S Mr. F~agleton. Do we have a second? 9 Lot 2 of the Marriott Garden Addition and die associated 9 co~IlvllssrorrER LYKE: I'll second. 1 Q right-off way, The ownership of Lot 2. is split between Svc lU COMM~~SIQNF,R STRAI~IC~E: okay. VL~e have a 1 ~ Paz~tners and Denton County. Denton County has agreed to 11 motion by Mr. Eagleton, a second by Ms. Lyke. Any 1~ to the annexation of the Northern 32 feet of the Lot 2 12 discussion? Seeing none, please vote, Ms. Lyke, your l 3 that was purchased in ~ ~9~. The subject property is l 3 vote did not mister. There yon go. 14 currently being used for industrial and warehousing 14 dote passes 7~0. 1 ~ purposes. The Comprehensive Plan identifies this area to l ~ Do we have any future Agenda items? Dkay, 1G be within employment centers and 1o0~year flood plain land 16 With that we will adjourn our meeting at 7;4~. Thank you I7 use designations, 17 very much. 1$ The proposed annexation is being initiated 18 End of proceedings. 19 by the City as a result of a breach in the contract l ~ 20 between partners, Marriott Rental and the City of 20 2l Denton dated December 4th, X001. The contract stipulated ~l 2~ that the property owner agreed to limit the use of Lot 2 ~3 of the Marriott Garden Addition to Industrial uses related ~3 ~4 to the production storage and distribution of concrete ~4 25 which were in operation at the time the contract was 25 Page ~2 Page ~4 1 executed. l ~ The industrial uses and the existing 2 3 facilities at the time of contract were not to expand. 3 4 Staff bars reviewed the agreement and the subject property 4 S and the facilities on site have been expanded upon the ~ ~ original agreed upon perms. The Legal Department on 6 7 Goober 6th, 2~~6 notified Svc Partners and Marriott 7 8 Rentals via certified mail of the contract breach and the 8 9 Cityf s intent7ion to annex the subject property. The 9 1 ~ applicant has made contact with the City and requested 1 ~ l l information about the annexation schedule, 1 I 12 Gn September 1 nth, X006, staff received l ~ 13 direction from the City Council to pursue all t1u~e 1 ~ YELLC CARDS TURNED 1N 14 annexation proceedings. Gn October 1?th, ~OO6, the first l4 AMANDA CARNEY 15 Denton City Council public hearing was held. And on 15 ANDREA HATAwAY 16 Goober 4th, 2U~6, the second Denton City Couacil public 16 MICHELLE ~DI~NSGN 17 hearing was held. Staff recommends that the public 17 BILL COLEMAN 18 hearing proceeds as scheduled finding that the need to l 8 DALLAS CGTHRUM l ~ manage and coordinate development in an orderly manner is 1 ~ 2~ significant City objective that the City of Denton will ~0 21 pursue. Do you have any ques~ons for me? 21 ~2 CoM~IiSSiDNER STRANGE: Any questions of ~2 staff? MS. CHEwLi;: Thank you, ~4 ~5 co~~ts~roN1~R STRANGE: rs the applicant 2~ RE U~AR SE~~N ~~'8 ~0~~ Page ~ 1 ~ gage ~4 ~~ANN ~~NIN~ S:IOur i]ocument~lOrdinances10G1A06-0~04.dc~c ~ EXHIBIT ~a ORDINANCE AN ORDNANCE OF THE CITY OF DENTON, TEA, ~NNEING APPROIII~IATELY 33 ACRES OF LAl~D CONTIGC~O[J AND ADJACENT TO THE CITY OF DENTON, . TEA, LOCATED IN THE NORTHwETERN AREA OF THE CITY OF DENTON' EXTRATERRITORIAL .T~1RIDICTION ~ETJ}; GENERALLY NORTH OF US 3~a AND wE~T OF MACH BRAND ROAD AND LEGALLY DESCRIBED A LOT ~ OF THE ARRIOTT GARDEN ADDITION, A RECORDED IN CABINET N, PAGE ~3a, PLAT RECORD, DENTON COUNTY, TEA, APPROVING A ERVIC~ PLAN FOR THE ANN~ED PROPERTY; PROVIDING A EVERABILITY CLAI,~E; AND PROV~DINCr AN EFFECTIVE DATE. ~Aa~-a0~4} wHEREA, Pursuant to section 43.a1 of the Texas Local Government Code, et seq., Name rule cities are authorized to annex areas that are not required to be in an annexation plan; and wHEREA, on or about October 25, ~~0~} the Planning and caning Commission recommended approval of the annexation; and wHEREAy the City Council finds that the Property contains fewer than l aD separate tracts of land on whlch one ar more resldentlal, dwellings are located an each tract; and wHEREA, this annexation is voluntary and is being made under subchapter ~-1 of Chapter 4 ofthe Texas Local Government Code; and wHEREA, the City Council finds that all required notices were given in the tinge and manner required by law; and wHEREA, public hearings before the City Council were held in the Council Chambers on October ~7, ~aa~, and October 24, 2a~G, bath days being on or after the 2~t~ day but before the Oath day of the date of the institution of the praeeedings~ to allover all interested persons to state their views and present evidence bearing upon this annexation; and wHEREA, annexation proceedings were instituted far the property described herein by the lntroduct~on of this ordlnance at a meeting afthe City Caunc~l November 14, ~Oa~~ and wHEREA, this ordinance has been publlshed ~n foil one tune In the officlal newspaper of the City of Denton an November 1 S, ~Oa, aver annexation proceedings were instituted and 30 days prior to City Council taking ~na1 action, as required by City Charter; and wHEREA~, the City Council finds that the annexation will allow the city to ensure develaprrient consistent with The Denton Flan; NOS, 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. ETI~N 2~. The Property is hereby annexed to the pity ofDenton, Texas. ETI~N` The service plan, a copy of which is attached hereto and made a part i hereof reference as Exhibit "B" the "service Plan"} which provides for the extension of Y municipal services to the Property, is approved as part of this ordnance. The service Plan was made available for public inspection and explanation to the inhabitants of the area being annexed at the above described public hearings. . E~TI~N 4. should any part of this ordinance be held illegal far any reason, the holding shall not affect the remaining portion of this ordinance and the pity council hereby declares it to be its purpose to annex to the pity 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. ~f any part of the Property is already included within the city limits of the City of Denton or within t'r~e 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. ~x ECTI~N 5. Th1s ordnance shall become effect~~e ~named~ately upon Its passage and approval. PAED AND APPROVED this the ~ day of , 2~~~. PERRY MCNEI~~, MAYOR ATTEST: JENNIFER WALTER, C~T'Y SECRETARY BY: APPROVED AS TD LEGAL FARM; EDWIN TY ATT`C - .2  i EXHIBIT ALL THAT CERTAIN LOT, TRACT OR PARCEL OF LAND LYING AND BEIlVG SITUATED IN THE COUNTY' OF DENTON, STATE OF TEXAS, AND BEING PART OF THE . BRYAN SU~R~EY, ABSTRACT NUMBER 14S AND THE S~ HUI~AR SURVEY, ABSTRACT NUMBER 5I4 AND BEINr ALL OF LOT BLOCS 1 OF THE MARR.IOTT GARDENS ADDITION AS RECORDED IN CABINET N, PAGE 230, PLAT RECORDS, DENTON COUNTY, TEAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING at ~ paint being tl~e southwest caner of Lot 2, Bloch 1, of said Marriott Gardens Addition and being an the northern boundary line of the existing Denton city limits s established by Ordinance No~ ~M23; THENCE North along the west line of Lot Blvck 1, of said Marriott Gardens Addition, a distance of 1,371.~~ feet to a point far a corner being the northwest corner of said Lot ; THENCE South S9 degrees 4~ ~nin~tes 0~ seconds East along the north line of said Lot 2, and passing at a distance of 91.47 feet the sontheast corner of said Lot ~ and west right of way line of NiasCh Branch Raad, and contlnu~ng a total distance of ~~7 feet to a point for corner on the east line of said road; . THENCE South along the east line of said March Branch Road a distance of feet to a point for a corner being an the earth line of the existing Denton city limits as established by Ordinance ~-4~; THENCE west along the north line of Bald existing Denton city llm~ts a distance of 34.5 feet to paint for a corner and being an the east line of the existing Denton city limits as established by Ordinance 74- ; THENCE North slang the east line of said existing Denton city limits, a distance of 20~ feet to a point far a corner being the northeast corner a~ said existing Denton city lirr~its; THENCE Nest along the north line of said existing Denton city limits, a distance of 3~ feet to a point for a corner in the west line of said road, said point also being the southeast corner of the existing Denton city limits as established by Ordinance 85-29; THENCE North along the west line of sold read and along Bald existing Denton city lln~tts, and passing at a distance of 472 feet the northeast corner of said existing Denton city limits also being the southeast corner of the existing Denton city limits as established by Ordinance 56-23, and cant~nu~ng slang Bald existing Denton city l~m~ts far a total distance of 1,~28.1~ feet to a paint for a corner, said point being the northeast cornet of the existing Denton city lln~lts as established by Ordinance ~6-23; THENCE North ~ degrees 5 minutes seconds west slang the north line of said Denton city limits, and passing at a distance of 2I feet the southeast corner of said Lot and continuing 3  i a t along said I~entan city limits and slang the south line ~f said Lat 2 far ~ total distance 9~~.4~ fect to the P~nvT 0~ BE~TNNINC and containing 3~.8 acres of land. 4 1~~~~~ ` 1~ ~V ~ " Y f ~ , ~ j .'AYR ~ ~~~~A~~ y i a Y i i~ 1~ i? ~i s f~ Y%  I E~HIIT "B" CITY ~3F ~NTON AN~ITEXAT~~1~ PLAN FAR A~~-~~~~ ~Lo~ ofth~ ~larri~tt ~d~n Ad~itior~~ I. AREA ANNLED THE ANNE~.ATI~N AREA I LOCATED IN THE NORTHwETERN P~RTI~N ~F DENTIN' ETRATERR.ITCRIAL JLTRIDICTI~N AND CONTAINS A.PPR~~IATELY 3 .ACRES F LAND ENERALL~Y LQCATED AT THE S~UTHwET CORNER HAMPTON Rl~ AND MASCH BRANCH ROD I~ITERECTI~N AND LEALL~ DESCRIBED A LET THE MARRIOTT OARDP~N ADDITION AND ASSOCIATED RIGHT-~F-wAY. II. INTR~DU~TIDN This service plan has been prepared in accorda~ace v~ith the Texas Local government Code, Sections 4~3.~1, 4.65, and 43.o~5~b}-~o} Vernon 1999, as amended}. Municipal facilities and services to the annexed area described above will be provided or nude available on , behalf of the City in accordance with the following plan. The City ha11 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 parks ofthe city with si~nllax topography, land use, ar~d population density. III. AD VAL~REIVi ~PRDPERTY DwNLR~ TAX SERVICES A. Police Protection, and Animal antrol Police service, including patrolling, response to calls, and other routine functions, v~i11 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 afthe annexation. B. Fire Protection Fire protection within the limits of existing hydrants} and ernergenoy medical services will be provided to the property upon the effective date of the annexation, , The estlrriated emergency response time ~n this area is 7. minutes, which is slnlllar to r~Spons~~ for surrounding properties lthln the city l~m~ts, The C1ty 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 andlor Denton County shall be maintained by the City of Denton on the effective date of the annexation. Installation and maintenance of . street signs, str. eet lighting and traffic control devices will be maintained by the City of Denton on the effective date of the annexation, . ~ f  i Parks and Recreation Facilities Parrs and recrea#ional facilities ire the area to be annexed will begin upon the effective date of the annexation according to the ~O~a Parrs and Recreation Master Plan. ~a parks are currently located wlthln the proposed anneat~an area, Den#an neighborhood path facilities are located within reasonably close distance of the proposed annexation area. Residents of the proposed annexation area will be able to use ex~st~n ~~ty of Dentan Park and recreat~an facilities and programs. E, Library Services Library services mill be made available an the effective date of the annexation on the same basis and at the sane level as similar library facilities are main#ained throughout the city. F, Building Inspections and consumer I~ea~tb Services Building inspections and consumer health services will be nude available an the effective date of the annexation on the same basis and at the same level as similar facilities are marnta~ncd throughout the pity. Bath services are provided on a "cast recovery" basis, and permit fees offset the casts of services delivered. Incomplete construction must obtain building permits f`rarn the Building Inspections Department ofthe pity al'Denton, . Planning and Development erwices Plarming and development services will be rr~ade available on the effective date of the annexatiar~. The Planning and Development Department currently services this property by way of administration of the Development bode, chapter 3~ of the bode of ordinances, concerning subdivision and land devlapn~ent . regulations, 5 t pity council adapted The Denton Plan, the city's 1999-~Oa conaptehensive plan, by ordinance 99-439 an December'~,1999. The Future Land Ilse Plan addresses both Land in the city and its ETJ, and the subject tracts contain Employment renters and 1 a~~Year Flaodplain! EnviranentallySeositive Areas, The Dentan Plan designates future land uses to manage the quality and quantity of growth by organizing the land use patterns, by matching land use ~ntens~ty with available infrastructuxe, and by preserving flaadplains as environmental and open space corridors. The Dentan Plan will be used as a basis far final zoning classifications aver the properties are annexed IV. UTILITY ~RA~'EP~YER} SER~I~F~~ A, valid waste v~~cction The pity of Dentan is the exclusive residential and commercial solid waste service provider in the pity. The Department is an entirely fee based operatlan and received no resources fra~n taxes. Solid waste collection service will be provided to the property upon the effective date of the annexation using existing 1  i f personnel and equipment. The City of Denton Solid waste Department wi11 honor existing contracts with private solid waste serdce providers aver the effective date of this annexation in accordance with Texas Laval government Cade, Section 4~.OSG~o} ~Vernan Supp. 2000}. The City Ordinance requires Solid Waste services for all residences and ~ commercial businesses located in the City The City of Denton Solid waste Department is fully funded thxauh the service fees charged, and receives no funding frarri city tax revenues. Salad waste refuse collection services well be prodded to the newly annexed property immediately upon the effective date of . the annexation. All residential homeowners and commercial businesses should telephone the City ofDenton Solid 'ante Customer Serdce Department at 94~~49-S7S~ to initiate service, Carnmercial customers are required to complete and submit a Service Agreement to Solid waste Custarner Service prior to receiving service. Residential Solid waste Services Each residential address will be. provided a wheeled refuse cart, which will be serviced one time per week. Residents are required to plane their refuse carts} at the curb prior tv 7:a~ a.m. an their collection day. Carts should be placed at the curb far collection no earlier than x.00 p.m. the evening prior to their collection day. Carts are to be removed Pram the curb no later than b:DO a.rri. on the day following their collection day, All refuse placed in the cart far collection must be bagged to eliiriina~te wind blowia debi~s and littering. Refuse that i5 not placed in the cart with the lid closed will riot be collected. Additional carts may be provided far an additional monthly charge, weel~ly yard waste service is provided, weekly bulky item collection service is pravided, weekly curbside recycling services are provided by Trinity Waste Services. Contact Trinity at 1-500-'~6-178 to obtain curbside recycling information, Each residential customer' ~ refuse cart ~~I Vl~~, curbside recycling service, bury iterr~ collection service, and yard waste service will occur on ll~onday of each week. Please telephone Custorr~er Service, 940-~4~~875'~, to answer any remaining qu~tlan5, and sign up far service.  s 4 f Corr~n~ercial Refuse service Each commercial business will be provided with a camn~ercial contalner~s~, which are available ire a variety of sizes and frequencies of collection, based on the waste type and volume generated. All refuse placed in the container far collection must be bagged to eliminate wind blown debris and littering Refuse that is not placed in the container with the lid closed will not be collected. Refuse placed outside the container is subject to code enforcement regulations, including potential fines Landfill service The City of Denton valid waste Landfill hours of operation are 7:~Q a.m. to p,m. Monday through Friday; and 7~~~ a~~ to 12;~D p.m. on Saturdays. For information regarding disposal charges, call the Landfill ~f#ice at 4~-~4~710. B, waterlwas#ewater 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. Existing City of Denton water and sewer lines axe located along the boundaries of the annexation area The City will provide a level of water and wastewater service, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure rriaintenance available in other parts of the city with topography, land use, and papula~tian density similar to thaw reasonably contemplated ar pia j ected in the area. . Drainage ervxces Drainage maintenance will be provided to the property upon the effective date of the annexation.. The City will provide a level of drainage services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and Infrastructure maintenance available 1n other parts of the city with topography, land use, and population density strrzilar to those reasonably contemplated or pro j ected in the area. Electrical ervlces h 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 ~vi11 be made available on the effective date of the annexation on the same basis and at the carne level as similar facilities axe maintained throughout the city. Denton Municipal Electric and TXU are the current electric service provider far this site. V. ~TI~ER ERVIE ether services that may be provided by the City, such as municipal and general adrnrn~stratian will be made available an the effective date of the annexation. The 9  i i pity shall provide level of services, infrastructure, and infrastructure maintenance that is corr~parable to the level of services, infrastructure, and infrastructure maintenance available in other paints of the pity with topography, land use, and population density similar to thane reasonably contemplated or proj ected in the area. VI. A~ITAL I1~P[~~'EENT PR~I~RAM SIP No new constr~;ction of additional water, sewer, street, and drainage faci~xties is contemplated within the annexed area as a result of this annexation because the annexed area on the date of annexation will have a lever of full municipal services equal to other areas within the qty having sina~lar characteristics of topography, land use, and population density. Thus, no construction of public improvements is contemplated as result of this annexation that would begin within t~vo and a half 'I~~ years after the effective date of the annexation 'the pity shall consider construction of other public improvements as the needs dictate on the same basis as such public improvements are considered t~~raughvut the City for areas having similar characteristics ol'topography, land use, and population density 4 R VII. UNIFIER LEVEL I~~ ERVIE~ IVIAY I~I~T_BE RE UIREII Nothing in this plan shall require the pity to provide a uniform level of full municipal services to each area of the pity, 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. VIII. T~ This service plan shall be valid far a term of ten ~ 1 D} years. Renewal of the service plan shall be at the discretion of pity council. Ir AMENIl1VIENT The service plan maybe amended if the pity council determines at a public hearing that changed conditions or subsequent occurrences n~al~e this service plan unworl~able or obsolete, The pity Council inay amend the service plan to conform to the changed conditions or subsequent occurrences puw~suant to Texas Local government bode, section X3.056 Herron Cupp. 1 X  i AGENDA INFORMATION SHEET AGENDA DATE: November 14, 2006 DEPARTMENT: Finance Administration ACM: Jon Fortune SUBJECT Consider adoption of a resolution of the City Council of the City of Denton, Texas, supporting state legislation allowing citizens to vote to exempt from the two-percent cap on local sales tax any local sales tax committed to public transportation initiatives; and declaring an effective date. BACKGROUND The City Council reviewed this issue as part of the 2007 state legislative program on September 26, 2006. This issue addresses the locally authorized transit sales tax currently dedicated to the Denton County Transportation Authority (DCTA), and expresses City support for legislation to exempt transportation projects from the two-percent cap on the local option sales tax. The City currently contributes 0.5 percent (equivalent to a one-half cent) of the local option sales tax to DCTA. This initiative to exclude any current and future sales tax committed to regional public transportation projects from the local option sales tax cap may allow the City to utilize these funds for other needs. Collective support for this issue extends regionally. The boards of DCTA, Dallas Area Rapid Transit (DART), and the Fort Worth Transportation Authority (the T) approved a joint recommendation to support the concept of exempting transit sales tax from the two-percent cap. Following this action, the Denton City Council approved Res. No. 2005-053, endorsing the recommendation by these regional transportation entities. To further convey the city's endorsement of this issue, on October 13, 2006, the City Council Audit/Finance Committee recommended the creation of a specific resolution allowing the citizens to vote to exempt any local sales tax committed to public transportation initiatives from the two-percent cap. PRIOR ACTION/VIEW (COUNCIL, BOARDS, COMMISIONS) Approval of Res. No. 2005-053 on December 13, 2005, supporting the Regional Transit Initiative in the North Texas Region supporting an increase of an additional one-half cent sales tax to fund construction and operation of a seamless regional rail system and expressing support for a fourth, coordinating transit entity. Approval of Res. No. 2006-033 on September 12, 2006, amending Res. No. 2005-053, removing prior recommendation of a fourth transportation entity and endorsing the j oint recommendation by the three transportation boards to support the concept of excluding transit sales tax from the two-percent local option sales tax cap. Agenda Information Sheet November 14, 2006 Page 2 FISCAL INFORMATION Based on performance over the last 12 months, the 0.5 percent (one-half cent) of the local option sales tax dedicated to transportation projects generated $6.9 million for DCTA. RECOMMENDATION Consider approval of the resolution supporting state legislation allowing citizens to vote to exempt from the two-percent cap on local sales tax any local sales tax committed to public transportation initiatives. Respectfully submitted: r. Y. r?s~ , :5 Jon Fortune Assistant City Manager S.IQ~r DocumentslRes~l~tlonsl~~1~~RE5 Transportation Local option Sales Tai Exemp~ion.~oc 1~L4, ~ IAN N~. ~ RE~LUTIQN ~F THE GTTY G~LTNGIL ~F TITE GITY OF DENTIN, TExAS SUPPORTING STATE LEISLATI~N ALLAN GITI~ENS T~ VOTE T~ ExEPT ~R~I THE TAO PERGENT GAP ON LOGAL SALES TAx ANY LEGAL SALES TAx G~IVI~VIITTED T~ PI]BLIG TRANSPORTATION INITIATIVES. AREAS, the Gity of Denton recognizes the need to provide public transportation solutions to sustain regional mobility; and WHEREAS, the citizens of Denton approved a one~half cent sales tax increase for transportation on September 1 ~~0~, resulting in the Gity reaching the two-Dent local option cap on sales tax; and ~IERE,AS, the Gity Gouncil rr~aintains a goal of providing additional funding capacity for the Gity and through exempting transit saps tax from the o percent sales tax ca ill p provide an avenue to achieve this goal; and ~VHEREA.S, the Gity Go~.~ncil approved Resolution No. 2~0~-0~, on September 1~, Z~~d, endorsing the `,Iai~ reac~~ne~a~ia~ for r~~o~aa~ i~ o~~ e~t~a~ ~'ex~~' v~hich supports the concept of local option funding for public transit in the region by exempting an amount equal to the locally authorized transit sales tax Ervin the t~vo percent local sales tax cap; N~, THERE~~RE, THE GOUNGIL OF THE GITY DENTON HEREBY R.ES~L'~ES; SEGTION l . The findings set forth in the prearn~le of this Resolution axe into orated ; by reference into the body of this Resolution as if fully set forth herein. SEGTI~N The City Gouncil hereby agrees with and supports legislation allowing citizens to vote to exempt from the tv~o percent cap on local sales tax any local sales tax com~nltted to public transportation 1nlt~at~V~S. SEGTI~N 3. This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPR~~ED this the ~ ~ day of , PERRY R. NIcNEILL, .AYOR  I ;IOur DocumentslResolutions1~61~-RES Transportation Local Option dales Tax Exemption.doc ~~~'~7': JENN~E~ AI~TE~, TTY ~~E~'ARY" f ED~V Ni. NY~~R, I~'Y A '~~~Y B~Y: ~ aft AGENDA INFORMATION SHEET AGENDA DATE: November 14, 2006 DEPARTMENT: Parks and Recreation ACM: Howard Martin, 349-823 SUBJECT Receive a report, hold a discussion and give staff direction regarding the City of Denton's Sesquicentennial Celebration. BACKGROUND The City Council appointed committee, chaired by Howard Smith, has been meeting weekly to coordinate scheduled activities, select 15o representative milestones of Denton's history, develop a Sesquicentennial logo and slogan and make recommendations on other issues related to the celebration. The committee has also met several times with the various organizations for information on the status of their events. Summary of Progress to Date Logo & Slogan The committee selected a logo and slogan (Exhibit 1) for the Sesquicentennial that will be used citywide on various materials including publications by participating organizations (Chamber of Commerce, TWU, UNT, etc.), at maj or events, on websites and advertisements. The City of Denton will feature the logo on city correspondence and various mailings. The committee will be developing criteria for the use of the logo to prevent inappropriate uses of the logo and slogan. The Denton Record-Chronicle has been allowed to use the logo to promote Sesquicentennial in its publication. History -Week One Activities: Emily Fowler Library • Kick-off reception on January 2nd hosted at the Emily Fowler Library, • Historic photos of Denton at the three libraries featuring "Denton Then and Now", • 150-year historical calendar to be used as a fundraiser for the Friends of the Library, • Presentation on "Going, Going, Gone -The Auction That Created the City of Denton", • Historical lectures throughout the year. Denton County Historical Commission (Museum) • Four Centennial dresses from 1957 on display and over five hundred Denton items showcased in the Courthouse. • Historical lectures will be provided monthly at the museums. Historic Landmark Commission • Contributed the video of "The Education March" that was filmed on the downtown square in 1913. • Tours of designated Historic Landmarks and home tours is being developed for the Spring Business & Commerce -Week Two Confirmed Activities Denton Chamber of Commerce • Quarterly breakfast will celebrate Denton's 150th anniversary on January 10th. • Producing a video presentation that celebrates business and commerce in Denton over the last 150 years. • Sponsoring the "Brothers of the Brush"; abeard-growing contest that originally began during the Centennial event. • The events for the citywide celebration will be on the Chamber of Commerce's website calendar. • Promote the "150th" theme to members for some activity or promotion within their business during the month of January 2007. Cultural History - Arts ~ Diversity -Week Three Activities NAACP, LULAC, Black Chamber of Commerce and the Hispanic Chamber of Commerce. • These organizations are jointly planning a celebration of diversity. The celebration will focus on families, youth, food, and an art contest. The theme for the art contest is "Diversity in Arts" and the artwork will be on display during a reception and later at different facilities within the city. Greater Denton Arts Council (GDAC) • GDAC will be hosting a poetry contest through the school district. Public Art Committee • Commissioning a piece of art to celebrate Denton's history in honor of the 150th celebration. • The Parks and Recreation Department is commissioning a mural to be displayed in the Civic Center commemorating Quakertown. Education -Week Four Activities The University of North Texas • Hosting historical lectures throughout the year and will have historic documents on display. The staff of UNT has discovered some old cornerstones blocks and plans to use the blocks to create a monument in honor of the history of UNT. The UNT Exes will invite the Texas alumni (3 5,000) to attend the January 20th home basketball game and an open house and dinner. A photo wall of past yearbooks will be on display. Texas Woman's University • Will use the logo on their website and on key events, and include Sesquicentennial activities on their school calendar. • Offer 150 free elementary and middle school admissions with an adult ticket plus one free popcorn at the January 24th basketball game and the January 27th gymnastics meet. High school students cannot get in for free per NCAA rules but will be offered half price tickets, which would be $1.50. Denton Independent School • Its Adopt-A-School program is conducting its annual Adopt-A-School Essay Contest in "What it was like to live in Denton 150 years ago." DISD will be awarding winning trophies to 1St, 2nd, and 3rd places at each school in fourth and in fifth grades. The District will publish a book of essays and host an art contest to illustrate the book. Local Government -Week Five Activities City of Denton • A reception hosted by the City will be held at Civic Center on January 30th where the announcement and presentation of the 150 milestones will be made, • DTV will be developing programs celebrating Denton, • The Parks and Recreation Department will include programming at the recreation centers that incorporates the 150th Celebration theme. • The city will also provide a time capsule to be a representation of important times of 2007. • A bird's eye map of the 1852 Peter's Colony is being donated to the Library. • A proclamation signed by the Governor of Texas will be flown into Denton and delivered by a replicate of the Butterfield stagecoach. • Banners with the Sesquicentennial logo will be purchased and displayed. EXHIBITS 1. 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