HomeMy WebLinkAbout08-25-1987
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AGENDA
CITY OF DENTON CITY COUNCIL
August 25, 1987
Special Call Session, of th> C'ty of Denton City Council on
j Tuesday, August 2S, 1987, at S:iS p,m. in the Council Chambers
of the Municipsl Building at which the following items will be
considered:
r
5:15 P.M.
1. Public Hearings
A. Consider a petition of Donald R. Curtis and City
Y of Denton for annexationj of a 9,2154 acre tract
of land being part of the J. Early Survey,
i Abstract No. 1279, and the Moreau Forrest Survey,
1 A:~stract No. 4111 and being located at the
northeast corner of Mingo Road and North Cooper
Creek Road. (A-47)
4 B. Consider a petition of City of Denton for
annexation of a 24.3957 acre tract of land being
part of the J. Ayers Survey, Abstract No. 2, and
part of the B. Burleson Survey, Abstract No, 65,
a and being located west of r-3S and north of
intersection of Rector Road. (A-50)
2. Ordinances
A. Consider cdoption of an ordinance and service
plan instituting annexation of 73.334 acres of
land being part, of the M. Forrest Survey,
" Abstract No. 417. (A-43)
B. Consider adoption of ordinance and service plan
Instituting annexation of 2.822 acres of land
being FA-44) of the M. Forrest Survey, Abstract No.
417. (A-44)
C. Consider adoption of ordinanc: and service plan
instituting annexation of 1,834 acres of land
being part of the G. Walker Survey, Abstract No.
1330. (A-45)
3. Consider a formal response to the County's offer of
Q, sale of its interest in Flow Memorial Hospital and
other issues raised in the County's letter of August
17, 1987,
4. Hold a record vote on a proposal to consider a tax
rate increase of li.13i above the effective tax rate.
' S. Set the dates for public hearings for the 1987-88 ad
valorem tax increase.
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City of Dent' City Council Agenda
i Page 2
August 25, 1W
6. Executive Session:
A. Legal matters Under Sec. 2(e), Art. 6252.17
V.A.T.S.
1. Discuss settlement negotiations in the
County of Denton vs. the City of Denton,
B. Real Estate Under Sec. 2(f), Art. 6252-17
V.A.T.S.
1. Consider offer of sale of Flow Memorial
Hospital.
C. Personnel/Board Appointments Under Sec. 2(g),
Art 6252-17 V.A.T.S.
4
C E R T I F I C A T E
certify that the above notice of meeting was posted on the
j bulletin o d at the Cit all of the City of-Denton, Texas,
on the day of , 1987 at 0 o'clock
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AGENDA
CITY OF DENTON CITY COUNCIL
August 2s, 1987
Special Call Session of the City of Denton City Council on
a Tuesday, August 25, 1987, at 5:15 P.M. in the Council Chambers
of the Municipal Building at which the following items will be
considered:
5:15 p.m.
l• Public Hearings
A. Consider a petition of Donald R, Curtis and City
of Denton for annexation of a 9.2154 acre tract
of land being part of the J. Early Abstract No. 1279, and the Moreau Forrest Survey,
Abstract Ni, 4179 and being located at the
northeast corner of Mingo Road dnd North Cooper
Creok Road. (A-47)
B. Consider a petition of City of Denton for i
annexation of a 24,3957 acre tract of land being f
part of the J. Ayers Survey, Abstract No. 2, and
part of the B. Burleson Survey, Abstract No, 65,
and being located west of 1-35 and north of
intersection of Rector Road, (A-50)
2. Ordinances
A. Consider adoption of an ordinance and service
plan lnstituting annexation of 73,334 acres of
land being part of the M. Forrest Survey,
Abstract No. 417, (A-43)
B. Consider adoption of ordinance and service plan
instituting annexation of 2,822 acres of land
being part of the M. Forrest Survey, Abstract No.
417, (A-44)
C. Consider adoption of ordinance and service plan
instituting annexation of 1,83.1 acres of land
being part of the G. Walker Survey, Abstract No,
1330. (A-4S)
3. Consider a formal response to the County's offer of
sale of its Interest in Flow Memorial Hospital and
other issues raised in the County's letter of August
# 1.7, 1987.
4, Hold a record vote on a proposal to consider a tax
rate increase of 11.13% above the effective tax rate.
Fi
S,
Set the dates for public hearings for the 1987-88 ad
valorem tax Increase.
i' j
City of Denton City Council Agenda
Page 2
I August 25, 1987
6. Executive Session:
A. Legal Matters Under Sec. 2(e), Art. 62S2-11
V.A.T.S.
I 1. Discuss settlement negotiations in the
i County of Denton vs. the City of Denton.
B. Real Estate Under Sec. 2(f), Art. 6252-17
i V.A.T.S.
i
1. Consider offer of sale of Flow Memorial
Hospital, i
1r. C. Personnel/Board tments Under Sec. 2(g),
Art 6252-17 V.A.M.
T.SC E R T I F I CTE
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 , 1987 at o'clock
1)' (a,m.) p.m.
CITY SECRETARY
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DATE: 08/25/87
CET! COUNCIL REPORT FORMAT /A
TO: Mayor and Members of the City Council
)
FROM: Lloyd Harrell, City Manager
SUBJECr: PUBLIC HEARING FOR THE PROPOSED ANNEXATION OF A 9.2154 ACRD TRACT
BRING PART OF THE J. EARLY SURV8Y, ABSTRACT NO. 1279, AND THE MOREAU
FORREST SURVEY, ABSTRACT NO. 417, AND BEING LOCATED AT THE NORTHEAST
CORNER OF MINGO ROAD AND NORTH COOPER CREEK ROAD. (A-47)
i R CQ„OHMB D TIO s
The Planning and Zoning Commission is tentatively scheduled to make
a recommendation on August 26, 1987.
$ MMARYs
A voluntary request for annexation has been submitted by the owner,
Donald R. Curtis. The purpose for annexation is to permit the
development of the property and a zoning request and preliminary
plat have been submitted. The request also includes Cooper Creek
Road, Mingo Road and the T & P Railroad.
BACKOROUN'2: ~
The property is vacant at this time. Safety Kleen and tise Green
Giant distribution center are located to the south and the Cooper
t'' t Creek Baptist Church is located west. A sanitary, sewer line Is
} located in North Cooper Creek Road.
I PROWS. DEPARTMRNTS OR GROUPS AFFECTED:
All departments involved In the development process and the land
owner.
[[SC IMPACT•
City services would be extended to the property, it annexed, but
because of the existing City facilities and no existing structures
on the property the impact should be minimal. The maintenance cost
for Mingo Road would also be minimal. ;
y. Rcepeot y su• tt '
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Prefppared// bys~+ ~ Lloyd H re11
l.~Gt, U LP-hab~-✓ _ City Mancgar
Coci).s Carson
t, Urban Planner
; q
Approved:
' David Ellison
a Acting Director for Plann4ng
and Development
23896
'1801L
is
NOTICE OF PUBLIC HEARINGS ON PROPOSED ANNEXATION I
NOTICE IS HEREBY GIVEN TO ALL INTERESTED PERSONS THAT:
The City of Denton, Texas, proposes to institute annexation
proceedings to alter the boundary limits of said City to add the
territory described in Exhibit A , attached hereto an
incorporated by reference herein, to the corporate limits of the
City of Denton. 1
A Public Hearing will be held by fore zh ity Cou oil
of the City of Denton, Texas, on theME= day of r
1987, at 7:00 o'clock P. M. in the d` 17-y Council Chamb s o the
Municipal Building of the City of Denton, Texas, for all persons
interested in the above proposed annexation. At said time and
place all such persons shall have the right to appear and be
heard. Of all said matters and things, all persons interested in
the things and matters herein mentioned, will take notice.
A Public Hearing will be held by a~ Before th ity Co soil
3 of the City of Denton, Texas, on the day of ,
1987, at 5:15 o'clock P. M. in the C F y Council Char rs of the
Municipal Building of the City of Denton, Texas, for all persons
interested in the above proposed annexation. At said time and
place all such persons shall have the right to appear and be
heard. Of all said matters and things, all persons interested in '
the things and mattaro herein mentioned, will take notice.
RAY S PH S, MAY R
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ATTEST:
0W.
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E LT R5, cI Y SECRETARY
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A-47
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EXHIBIT "A"
ALL that certain lot, tract or parcel of land lying and being
situated in the County of Denton, State of Texas, and being part
of the J. Early survey, Abst. No. 1279, and part of the Moreau
Forrest rourvey, Abst. No. 417, and also being par" of a tract of
land as rrnveyed from D. 0. Jones and Shirley Jean Jones Catter to
Dan Christie, Don Curtis, and Bob Houser by deed dated March 13,
1985 and recorded in Volume 17241 Page 84 of the Deed Records of
Denton County, Texas, and more particularly described as follows:
BEGINNING at a point lying in the present city limits, said
present city limits established by Ordinance No. 6S-43, Tract 1,
said point also lying in the south right-of-way line of the Texas
6 Pacific Railroad, and the west boundary line of said M. Forrest
survey, same being the east boundary line of said J. Early survey;
THENCE North along said present city limits and said survey lines,
passing at S3.90 feet, more or less, the centerline of said T.
P. R. R. continuing for a total distance of 107.80 feet to a point
lying in the north right -of -way l ine of said T. 6 P. R. R., same
being the south right-of-way line of a northeast-southwest public
! road known as Mingo Road for corner;
THENCE north 00 21117" east along the east boundary line of said
R J. Early survey, same being the went boundary line of said M.
Forrest survey, passing at 64.85 feet the north right-of-way line
of said Mingo Road, continuing and along the centerline of a
north-south public road known as Cooper Creek Road, a distance of
` 785.87 feet to an iron pin, same being thu northwest corner of
said M. Forrest survey, said point also lying at an ell corner of
said Cooper Creek Road ;
THENCE north 890 15' 12" east along the north boundary line of
said M. Forrest survey, same being the centerline of the east-west
portion of said Cooper Creek Road, passing the intersection of the
centerline of said Cooper Creek Road and the centerline of an
east-west county road, continuing and along the centerline of said
county road a distance of S7S.1 feet to an iron pin for corner; E
THENCE south 20 26' cast, passing at 19.83 feet the northeast
corner of said tract, same being a fence corner post, continuing 1
along the northerly east boundary line of said tract, a total
distance of 260.SS feet to the easterly southeast corner of said
;R tract;
l THENCE south 730 S8' 55" west along the northerly southeast
boundary line of said tract, a distam:e of 160.94 feet to an inner
ell corner of said tract;
A-47
i
THENCE south 020 3S' 35" east along the westerly east boundary
line of
southeastscornerr of said distance
same being the tnorth trighteof-way
line of said Mingo Road; y
THENCE south 210 56t 111 east j
right-of-way line of said Mingo,RoadSisameabeingOtheeNorth righth
of -way line of said T i
-
centerline of said railroadP contin.uingafornga atotal0.distance tof
160.0 feet to a point lying in the south right-of-way line of said
railroad for corner;
" 41, THENCE south 680 03' 48" rest along
of said T. $ P. R. Ri, a distance o5the 46.67 south right-of-way tthe -Place line
Beginning and containng 9.2154 acres of land, more or less.
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A-47
PLAN OF SERVICE full ANNEXED AREA, CITY OF DENTON. 'T'EXAS
WHEREAS, Article 970a as amended requires that a plan of service
be ado~?ted by the governing body of a city prior to passage of an ordinance
annexing an area; and
WHEREAS, the City of Denton it; contemplating annexation of an
area which is bounded as shown on a map of the proposed annexation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DENTON, TEX%S:
Section 1, Pursuant to the provisio;,9 of Article 970a as E
amended, Texas Code Annotated, there is hereby ado- i for the proposed
annexation area the following plan of service;
I. Basic Service Plan
A. Police
(1) Patrolling, radio responses to calls, and other
routine police services, using present personnel
and equipment, will be provided on the effective
date of annexation;
(2) Traffic signals, traffic signs, street markings,
! 1 and other traffic control devices will be installed
as the need therefore is established by appropriate
study and traffic st;.ndards.
B. Fire
(1) Fire protection by the present personnel and equip-
ment of the fire fighting force, will be provided
on the effective date of annexation,
C. Water
(1) Water for domestic, commercial and industrial use
will bpi prodded at city rates, from existing city
lines or the effective date of annexation, and
thereafter from new lines as extended in accordance
with Prticle 4.09 of appendix A of the code of the
City of Denton, Texas,
r:
n. Sewer
(1) Properties in the annexed areas will be connected
to sewer lines in accordance with article 4.09 of
appendix A of the code of the City of Denton, Texas,
E. Refuse Collection
rt'" (1) The same regular refuse collection service now pro-
vided,within the city will be extended to the
annexed area within one month after the effective
date of annexation.
1
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Service Plan
Annexed Areas
Page two
F. Streets
(1) Emergency maintenance of streets (repair of hazardous
chuckholes, measures necessary for traffic flow, etc,)
will begin on the effective date of annexation,
(2) Routine maintenance on the same basis as in the
present city, will begin in the annex•nd area on
the effective date of annexation,
(3) Reconstruction and resurfacing of streets, installa-
tion of storm drainage facilities, construction of
curbs and gutters, and other such major improvements,
as the need therefore is determined by the governing
body, will be accomplished under the established
policies of the city,
G, Inspection Services
I
(1) Any inspection services now provided by the city
(building, electrical, plumbing, gas, housing,
sanitation, etc,) will begin in the annexation area
on the effective date of annexation,
t' H. Planning and Zoning l
(1) The Planning :,Ad Zoning i
will extend to the annexedrareaconothefeffective
dLte of annexation. City planning will thereafter
encompass the annexed area,
I. Street Lighting !
E
(1) Street lighting will be installed in the substan-
tially developed areas in accordance with the
established policies of the city.
J. Recreation
(1) Residents of the annexed area may use all existing '
recreational facilities, parks, etc., on the effec-
tive date of annexation. The same standards and I
policies now used in the present city will be fol-
lowed in expanding the recreational program and
facilities in the enlarged city.
K. Electric Distribution
' (1) The city recommends the use of City of Denton for
electric poser,
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Service Plan
Annexed Areas
Page three
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L. Miscellaneous
(1) Street name signs where needed will be installed
within approximately 6 months after the effective
date of annexation,
fI
II. Capital Improvement Program (CIP)
The CIP of the City consists of a five year plan that is up-
dated yearly, The Plan 1s prioritized by such polic
ltnes as: y guide- !
I
(1) Demand for services as compared to other areas
based partly on density of population, magnitude
of problems compared to other areas, established
technical standards and professional studies, and
r natural or technical restraints or opportunities,
(2) Impact on the balanced growth policy of the city.
(3) Impact on overall city economics.
The annexed area will be considered for CIP planning in the
upcoming CIP plan, which will be no longer than one year from
the date of annexation, In this n CIP planning year the
annexation area will be judged acr Jingly to the same
established criteria as all other eeas of the city,
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! ANNhXA'I I ON SLhhI ULh
A-47
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August 04, 1987 City Council sets date, tim3 and I
place for public hearings
August U7, 1987 Notice published in Denton Record
Chronicle for first ~ Public hearing
v August 14, 1987 Notice published in Denton Record a
Chronicle for second public hearing
August 18, 1987 City Council - first p.tblic hearing
r ' August 2S, 1987 City Council - second public hearing
M August 26, 1987 Planning and 2onine Commission makes is
} recommendation
e ^3'' September 150 1987 City Council institutes annexation
September 18, 1987 Publication of ordinance in Denton
Record Chronicle
%
October 20, 1987 Final action by City Council i
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DATE: 08/25/87
CITY COUNCIL REPORT FORMAT I/
}
TO: Mayor and Members of the City Council
FROM: Lloyd Y. Harrell, City Manager
j
SUBJECT: PUBLIC HEARING FOR PROPOSED ANNEXATION OF 20.39 ACRES LOCATED IN THE
B. BURLESON SURVEY NO. 65 AND THE J. AYERS SURVEY NO. 2 AND SITUATED
WEST OF I-35 AT AND NORTH OF THE INTERSECTION OF RECTOR ROAD. IA-50) E
$BCONiBNDATION:
t
The Planning and Zoning Commission is tentatively scheduled to make
a recommendation on August 26, 1987.
SUMMARY:
The property is the site of a proposed batch plant. If the property
is annexed, it would be consistent with our policy to protect the
City's interest in development.
BACKGROUND:
The property is removed by a considerable distance from an urbanized
area of the City. Water and sewer lines are currently not anticl-
pated to be extended until 2000 by the City of Denton. The land is 4
being used by the contractor •or the State Highway Department as a
maintenance yard. The major concerns are land use control, aesthetic
quality, and relation to the community. The land use would be in
conflict with the Denton Development Guide.
P.4OGRAMS. DEPARTMENTS OR GROUPS AFFECTBD:
All departments involved in the development proconv, the lar.4 owner,
and developer.
FISCAL IMPACTr
I
At this time, fire protection would be the main co.icern. A building
has been constructed that would require City services.
Resp fully submitted:
Prepared by: a ~e1
C Manager
0607
Cecile Carson
Urbaa Planner
i
Approved:
~tLs's+~""
David E11ison~00 O~r
Acting Director for
Planning and Development
23928
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1872L
NOTICE OF PUBLIC HEARINGS ON PROPOSED ANNEXATION
NOTICE IS HEREBY GIVEN TO ALL INTERESTED PERSONS THAT:
The City of Denton, Texas, proposes to institute annexation
proceedings to alter the boundary limits of said City to add the
territory described in Exhibit •A', attached hereto and
incorporated by reference herein, to the corporate limits of the
city of Denton,
A Public Hearing will be held by aDa.,~efore the City Cou cif
of the City of Denton, Texas, on the e day of ,
1987, at 7:00 o'clock P, M. in the City Council Chamoe s o the
Municipal Building of the City of Denton, Texas, for all persons
interested in the above proposed annexation. At said time and
place all such persons shall hays the right to appear and be
heard. Of all said matters and things, all persons interested in
the things and matters herein mentioned, will take notice.
A Public Hearing will be held by a d efore the Ctty Co Heil
of the City of Denton, Texas, on theEL4 day of ,
1987, at 5:15 o'clock P. M, iu the C_ftty Council Cham rs o the
Municipal Building of the City of Denton, Texas, for all persons i
interested in the above proposed annexation. At said time and
place all such persons shall have the right to appear and be
heard. Of all said matters and things, all persons interested in
the things and matters herein mentioned, will take notice.
I
I
RAY SAIEF;KNS# M OR
ATTEST:
JF. ALTERS, CITY S C ETARY
A-50 :3
EXHIBIT "A"
ALL that certain lot, tract or parcel of land lying and being
situated in the County of Denton, State of Texas and being part
of a tract of land as conveyed from S.R. Rector, et ux to S.D.
Rector by deed recorded in Volume 247, Page 410 of the Deed
Records of Denton County, Texas, same being part of Lot 1, Block
A of the Rector Subdivision, an addition to the County of
Denton, and also being part of the J. Ayers Survey, Abstract No.
2, and part of the B. Burleson Survey, Abstract No. 6S, and more
fully described as follows:
1
BEGINNING at a point in the present city limits as established
in the tract described in Ordinance No. 87- said point lying
250.0 feet west of and perpendicular to the centerline of IH 35,
said point also lying in the centerline of an east-west county
road known as Rector Road;
THENCE south 82° 00' 00" west along said centerline of Rector
Road a distance of 1033.58 feet to a nail for corner;
THENCE north 07° 28' 00" west passing at 40.0 feet an Iron rod
lying in the north right-of-way line of said Rector Road, same
being the southwest corner of said Lot 1, Block A of the Rector
Subdivision, passing at 150.0 feet, more or less, the north i
boundary line of said J. Ayers survey, same being the south
boundary line of said B. Burleson survey and continuing for a
total distance of 620.68 feet to an iron rod for corner, said
point being the northwest corner of said Lot 1, Block A of said
subdivision;
THENCE north 821 S1' 00" east along the north boundary line of
said Lot 1, Block A a distance of 891.69 feet to an iron rod for
corner;
f
THENCE south 700 24' S7" east along the northeasterly boundary
line of said Lot 1, Block A a distance of 192.38 feet to a point
for corner lying In the present city limits, said point also
lying 2SC.0 feet west of and perpendicular to said centerline of
said IH 3S;
THENCE south. 40 12' S4" east (by ordinance south 2° S0' east)
along the present city limits a distance of 519.48 feet to the
Place of Beginning and containing 14.61 acres of land, more or
less.
f~
A-SO E
'a,
PLAN OF SERVICE FOR ANNEXED AREA CITY OF DENTON TEXAS
WHEREAS, Article 970a as amended requires that a plan of service
be adopted by the governing body of a city prior to passage of an ordinance
M annexing an area; and
i
WHEREAS, the City of Denton is contemplating annexation of an
i area whic:i is bounded as shown on a map of the
P propose6 annexation,
1 i
NOW, THERLFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY '
E OF DENTON, TEXAS:
Section
is provisions
Texas Code Annotated, there the
adopted Article e the 0a as
I annexation area the followin y p proposed
g plan of service:
I, Basic Service Plan
A. Police I
i
(1) Patrolling, radio responses to calls, and other
routine police services, using present personnel
and equipment, will be provided on the effective
date of annexation;
(2) Traffic signals, traffic signs, street markings,
and other traffic control devices will be installed
as the need therefore is established by appropriate
study and traffic standards,
B. Fire
(1) Fire protection by the present personnel and equip-
ment of the fire fighting force, will be provided
on the effective date of annexation,
C. Water
(1) Water for domestic, commercial and industrial use
will be provided at city rates, from existing city ?
lines on the effective date of annexation, and
thereafter from new lines as extended in accordance a
with article 4.09 of appendix A of the code of the
City of Denton, Texas.
D. Sewer
(1) Properties in the annexed areas will be connected
to sewer lines in accordance with article 4.09 of
appendix A of the code of the City of Denton, 'texas.
.
E. Refuse Collection
(1) The same regular refuse collection service now pro-
vided within the city will be extended to the
annexed area within one month after the effective
date of annexation.
!
!
Service Plan
Annexed Areas
Page two
F. Streets
t (1) Emergency maintenance of streets (repair of hazardous
chuckholes, measures necessary for traffic flow, etc.)
will begin on the effective date of annexation.
(2) Routine maintenance on the same basis as in the
present city, will begin in the annexed area on
the effective date of annexation.
(3) Reconstruction and resurfacing of streets installa-
tion of storm drainage facilities, construction of
curbs and gutters, and other such major improvements,
as the need therefore is determined by the governing
body, will be accomplished under tho established
policies of the city.
G. Inspection Services
(1) Any inspection services now provided by the city
(building, electrical, plumbing, gas, housing,
sanitation, etc.) w.11 begin in the annexation area
on the effective date of annexation,
H, Planning and Zoning
(1) The Planning and Zoning jurisdiction of the city
will extend to tue annexed area on the effective
date of annexation. City planning will thereafter
encompass the annexed area.
I. Street Lighting
(1) Street lighting will be installed in the substan-
tially developed areas in accordance with the
established policies of the city.
J. Recreation
(1) Residents of the annexed area may use all existing
recreational facilities, parks, etc., on the effec-
tive date of annexation. The same standards and f(
policies now used in the present city will be fol-
lowed in expanding the recreational program and
t II
facilities in the enlarged city.
K. Electric Distribution
(1) The city recommends the use of City of Denton for
electric power.
M.
Service Plan
Annexed Areas
Page three
L. Miscellaneous
(1) Street name signs where needed will be installed
within approximately 6 months after the effective
date of annexation.
II, Capital Improvement Program (CIP)
a
The CIP of the City consists of a five year plan that is up-
dated yearly, The Plan is prioritized by such policy guide-
lines as:
(1) Demand for services as compared to other areas
based partly on density of population, magnitude
of problems compared to other areas, established
technical standards and professional studies, and
natural or technical restraints or opportunities,
v: 11 F (2) Impact on the balanced growth policy of the city.
(3) Impact on overall city economics.
The annexed area will be considered for CIP planning in the
ftia upcoming CIP plan, which will be no longer than one year from
the date of annexation. In this new CIP planning year the
annexation area will be judged accordingly to the same
established criteria as all other areas of the city,
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ANNLXA'I1LN SCHLUULL
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August 04, 1987 City Council sets date, tioie and
place for public hearings
August 071 1987 Notice published in Denton Record
Chronicle for first public hearing ,
August 140 1987 Notice published in Denton Record
Chronicle for second public hearing
City Council - first public hearing
t .i August 18, 1987
August 25, 1987 City Council - second public hearing
August 26, 1987 Planning and Zoning Commission makes
recommendation
September 15, 1987 City Council Institutes annexation
' September lb, 1997 Publication of ordinance in Denton
Record Chronicle
' } October 20, 1987 Final action by City Council
Al
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DATE: 08/25/87
CITY COUNCIL REPORT FORMAT Al
T0; Mayor and members of the City Council
t}
FROM: Lloyd V. Harrell, City Manager
SUBJECT: CONSIDER ADOPTION OF AN ORDINANCE AND SERVICE PLAN INSTITUTING
ANNEXATION OF 73.334 ACRES OF LAND BEING PART OF THE M4 FORREST
SURVEY, ABSTRACT NO. 417. 1A-431
RECOMMENDATION:
Thm Planning and Zoning Commission recommended approval on August 12,
1987.
SUMMARY:
The annexation of this property will enable hiller of Texas, Inc.
to include the property in their zoning proposal. In the City's
opinion it will assist in establishing more uniform city limits and
correct city limit areas where property was omitted from previous
annexations.
BACKGROUND: !
J 1}
`Property has been annexed since 1984 in this area in conjunction ~
with several zoning requests.
i PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: Ii
s V
' Planning and Development Department, departments providing City
services
FISCAL IM7ACTs
No analysis has been done with regard to the annexation at this
time, City services will be provided to the area.
„ Res fully stbmittedi
Ba
' Prepared bys C V Manager {
4 : Ctc G Cae~
Cecile Carson
z Urban Planner
Approvedi
David lfllison
A Acting Director for Planning
and Development
1941s/1
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1847L
NO.
AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND ADJACENT TO
THE CITY OF DENTON, TEXAS; BEING ALL THAT LOT, TRACT OR PARCEL OF
LAND CONSISTING OF APPROXIMATELY 73.334 ACRES OF LAND LYING AND
BEING SITUATED IN THE COUNTY OF DENTON$ STATE OF TEXAS AND BEING
PART OF THE M. FORREST SURVEY, ABSTRACT NO. 417, DENTON COUNTY,
TEXAS; CLASSIFYING THE SAME AS AGRICULTURAL "A" DISTRICT PROPERTY;
AND DECLARING AN EFFECTIVE DATE.
WHEREAS, a request for annexation for the property described
in Exhibit A , a copy of which is atu ched hereto and incorpo-
rated by reference herein, was introduced at a regular meeting of
the City Council of the City of Denton, Texas, on the petition of
the City of Denton; and
WHEREAS, an opportunity w,*s afforded, at a public hearing held
for that purpose on the Al s day of , 1987 in the
council Chambers for alr-inzerested pers ns o stats their views
i and present' evidence bearing upon the annexation provided by this
ordinance; and f
WHEREAS, an opportunity was afforded, at a public hearing held r
for that purpose on the _ -j4 day of __I) a ,s t 1987 in the t: l
Council Chambers for all Tnterested persons to state their views
and present evidence bearing upon the annexation provided by this
ordinance; and
WHEREAS, this ordinance has been published in full at least
one time in the official newspaper of the City of Penton, Texas,
prior to its effective date, and after the public b;arings;
r.
NOME, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS.
! SECTION I.
That the tract of land described in said Exhibit "A" be, and
the same is hereby annexed to the City of Denton, Texas, and the i
same is made hereby a part of said City and the land and the +
present and future inhabitants thereof shall be entitled to all
the rights and privileges of other citizens of said City and shall
n
A-43/PAGE ONE
I
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be bound by the acts and ordinances of said City now in effect or
which may hereafter be enacted and the property situated therein
shall be subject to and shall bear its prorata part of the taxes
levied by the City.
SECTION II.
The property described in Exhibit "A" is hereby classified as
Agricultural A District and shall so appear on the official zon-
ing map of the City of Denton, Texas, which map is hereby amended
accordingly,
SECFI_ OON III.
Should any section or part of this ordinance be held unconsti-
tutionalI illegal or invalid, or the application thereof Ineffec-
tive or inapplicable as to any territory, such un-onstitutionality,
illegality, invalidity or ineffectiveness of such section or part
shall in no wise affect, impair or invalidate the remaining portion
or portions thereof, but as to such remaining portion or portions,
the same shall be and remain in full force and effect; and should
a.' this ordinance for ahy reason be in7ffective as to any part of the
area hereby annexed to the City of Denton, such ineffectiveness of
j this ordinance as to any such part or parts of any such area shill
J not affect the effectiveness of this ordinance as to all of the
remainder of such area, and the City Council hereby 4
be Its purpose to annex to the City of Denton ;;very `laces it the
I
area described In said Exhibit "A" of this ordinance,~aregardless
of whether any other part of such described area is hereby effec-
tively annexed to the City. Provided, further, that if there is
included within the general description of territory set out in
Section I of this Ordinance to be hereby annexed to the City of
Denton any lands or area which are presently part of ai;d included
within the limits of the City of Denton, or which are presently
part of and included within the limits of any other City, Town or
Village, or which are not within the City of Denton's jurisdiction
to annex, the same is hereby exclvied and excepted from the
territory to be hereby annexed as fully as if such excluded and
excepted area were expressly described herein,
SECTION IV.
This ordinance shall be effective immediately upon its passage.
Introduced before the City Council on the day of ,
1987.
i
A-43/PAGE TWO
t
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PASSED AND APPROVED by the City ii Council on the day of
l 1987.
4
R TEY E S, MWO
ATTEST:
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` JENNIFER W ER , CI SE RETA
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
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A-43/PAGE THREE
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EXHIBIT "A"
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A-43
ALL that certain lot, tract or, parcel of land lying and being situated in the M. Forrest Survey, Abst. No.
417, Denton County, Texas, and more particularly described as follows:
BEGINNING at a point in the present city limits, said point befog the southeast caner of the tract
described in Ordinance 85-210, Tract 4-8 said point also lying in the e,!tt boundary line of tot 6, Block B
i of the subdivision of said survey, same being the west boundary line of Lot 1, Block E of said
= subdivlsfan, said point also lying in the north right-if-way line of an east-west public road known as
Biagg Rd.;
THENCE south 30 10' 11` east along the east boundary line of Lot 6, Block B, crossing said Blogg Ad, a
distance of 47,63 feet to a point tying in the south right of way line of said Biagg Ad., same befog the
northeast corner of a 71.782 acre tract described in a deed to Murray N. WNett and wife, Irene Mc Nett
recorded in Vol. 436, Pg. 221 of the D.R.D.C.T.;
THENCE south 20 56' 35' west along the east boundary line of sold McNett tract same being the east
boundary line of Lot 6, Block B, passing at 2235.16 feet, more or less, the southeast corner of said
Mc Nett tract, same being the southeast corner of said Lot 6, Block B, same being the northeast corner of a
tract described in a deed to Gary Miller, Trustee, recorded in Vol. 1617, Pg 562 of the D.R.D.C.T., and
continnfng for a total distance of 2266.16 feet to a point for corner lying in the existing city ifnits as
established by the tract described in Ordinance No. 84-98;
THENCE north 850 09' 17" west along said present city limits, same being the south boundary line of said
Lot 6, crossing cn east•wett public road known as Trinity road, e•d continuing for a total distance of f
1384.74 feet to the southwest corner of the Mc Nett tract, same being the southwest corner of said Lot 6,
said point also being an inner ell corner of sold Martin tract; I
s
THENCE north 020 49' 29' east along the present city limits, same being the west boundary line of said
McNett tract and Lot 6, sas* being the east boundary line of sold Miller tract, passing at 2247.94 feet,
mora or less, the north boundary line of sold McNett tract same being the south rig', of way 7fne of said
Biagg Ad., and continuing hr a total distance of 2295.27 feet to a point for comer lying in the north
right of way line of 87agg Rd., same befog the present city limits as established by Ordinance No. 65.210,
Tract 4-B;
THENCE south 850 St' {
35 east along the north right of way line of said Biagg Rd, and said present city
limits a distance of 1383.92 feet to the Place of Begloning and containing 73.734 acres of land.
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4
PLAN OF SERVICE FOR PNN£XED AREA, CITY OF DEN':ON, TEXAS
WHEREAS, Article 970a as amended requires that a plan of service
be adopted by the governing body of a city prior to passage of an ordinance
annexing an area; and
WHEREAS, the City of Denton is contemplating annexation of an
area which is bounded as shown on a map of the proposed annexation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DENTON, TEXAS:
Section 1. Pursuant to the provisions of Article 970a as
amended, Texas Code Annotated, there is hereby adopted for tho proposed
annexation area the following plan of service:
I. Basic Service Plan
A. Police
ji (1) Patrolling, radio responses to calls, and other
routine police services, using present personnel
and equipment, will be provided on the effective
date of annexation;
Traffic signals, traffic signs, street markings, E
anu other traffic control devices will be installed 1
as the need therefore is established by appropriate
study ana traffic standards,
+ B. Fire
(1) Fire protection by the present personnel and equip-
ment of the fire fighting force, will be provided
on the effective date of annexation.
C. Water
r'
(1) Water fo► domestic, commercial and industrial use
will be provided at city rates, from existing city
lines on the effective date of annexation, and
thereafter from new lines as extended in accordance
with article 4.09 of appendix A of the code of the
l„ Cit. of Denton, Texas.
D. Sewer
l (1) Proper%ies in the annexed areas will be connected
z to sewer lines in accordance with article 4.09 of
j appendix A of the code of the C.ty of Denton, Texas.
it
f
E. Refuse Collection
(1) The same regular refuse collection service now pro-
vided within the city will be extended to the
annexed area within one month after the effective
date of annexation,
Service Plan
Annexed Areas
Page two
F. Streets
(1) Emergency maintenance of streets
chuckholes, measures necessary forrtrafficfflow, etc,)
will begin on the effective date of annexation.
(2) Routine maintenance on the same basis as in the
present city, will begin in the annexed area on
the effective date of annexation,
(3) Reconstruction and resurfacing of streets, installa-
tion of storm drainage facilities, construction of
curbs and gutters, and other such major improvements,
body,1Awilldbehaccomplished determined
under n the b establishedning
policies of the city,
G, Inspection Services
(1) Any inspection services now provided by the city
(building, electrical
sanitation, plumbing, gas, housing,
, etc,) will begin in the annexation area
is on the effective date of annexation,
H. Planning and Zoning
(1) The Planning and Zoning jurisdiction of the city
wi'] extend to the annexed area on the effective
dale of annexation. City planning will thereafter
encompass the annexed area,
i
1. Street L:ahting
(1) Street lighting will be installed in the substan-
tially developed areas in accordance with the
established policies of the city.
J. Recreation ~.i
(1) Residents of the annexed area may use all existing 4
recreational facilities, parks, etc,, on the effec-
tive date of annexation. The same standards and
policies now used in the
resent ci
lowed in expanding the recreationally will ba fol-
facilities in the enlarged city, program and
K. Electric Distribution
~Io (1) The city recommends the use of City of Denton for
electric power.
,:x
Service Plan
Annexed Areas
Page three
L, Miscellaneous
(1) Street name signs where needed will be installed
within approximately 6 months after the effective
date of annexation.
II, Capital Improvement Program (CIP)
i
The CIP of the City consists of a five year plan that is up-
dated yearly, The Plan is prioritized by such policy guide-
lines as:
(1) Demand for services as compared to other areas
based partly on density of population, magnitude
of problems compared to other areas, established
technical standards and professional studies, and
natural or technical restraints or opportunities.
~t
(2) Impact on the balanced growth policy of the city,
(3) Impact on overall city economics.
The annexed area will be considered for CIP planning in the
I upcoming CIP plan, which will be no longer than one year from
the date of annexation. In this new CIP planning year the
annexation area will be judged accordingly to the same
established criteria as all other areas of the city.
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UNIVERSITY 1
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ANNEXATION 5CHELLLE
R A-43
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c July u7, 1987 City Council sets date, time and
place for public hearings
July 1L, 1987 Notice published in Denton kecoro
Chronicle for first public hearing
July 21, 1987 City Council - first public hearing
v July 24, 1987 Notice published in Denton Record
Chronicle for second public hearing
August 04, 1587 City Council - second public hearing
August 12, 1987 Planning and Zoning Commission makes
recommendation
August 2S, 1987 City Council institutes annexation
August 3U, 1987 Publication of ordinance in Denton
Record Chronicle ;
October 06, 1987 Final action b) City Council
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P 4 2 Minutes
August 12, 1987
Page 2
G. A-43. Petition of Carter and Burgess, Inc., representing
I er of Texas, requesting annexation of 73.334 acres of
land being part of the M. Forrest Survey, Abstract No. 417.
STAFF REPORT: Ms. Carson stated that the annexation of
this property will enable Miller of Texas, Inc. to include
the property in their zoning proposal. In the City's
opinion it will assist in establishing more uniform city
limits and correct city limit areas where property was
omitted from previous annexations.
DECISION: Mr. Glasscock moved to recommend approval of
j A-43. 7econded by Ms. Brock and motion unanimously
ff carried (5-0).
H. A-44. Petition of Carter and Burgess, Inc., representing
FT1 er of Texas, requesting annexation of 2.822 acres of
land being part of the M. Forrest Survey, Abstract No.
417.
i STAFF REPORT: Ms. Carson stated that the annexation of
t s property will enable Miller of 'T'exas, Inc. to include
the property in their zoning proposal. In the City's
' opinion it will assist iu establishing more uniform city
limits and correct city limit areas where property was
omitted from previous annexations.
DECISION: Mr. Glasscock moved to recommend approval of
A-44. Seconded by Ms. Brock and notion unanimously
carried (5-0).
1. A-45. Petition of Miller of Texas requesting annexation
oF`T.834 acres of land being part of the G. Walker Survey,
Abstract No. 133U.
STAFF REPORT: Ms. Carson sta id that the annexation of
this property will enable hiller of Texas, Inc, to include
the property in their zoning proposal. In the City's
d opinion it will assist in establishing more uniform city
l j limits and correct city limit areas where property was
j omitted from previous annexations.
DECISION: Mr. Glasscock moved to recommend approval of
7{=45. Seconded by Ms. Brock and motion unanimously j
i carried (5-0). J
" f
E €
I
DATE; 08/25/87
CITY COUNCIL REPORT FORMAT ~I
TO. hayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT! CONSIDER ADOPTION OF AN ORDINANCE AND SERVICE PLAN INSTITUTING
ANNEXATION OF 2.822 ACRES OF LAND BEING PART OF THE M. FORREST
SURVEY, ABSTRACT NO. 417. (A-44)
RECOMMENDATION:
The Planning and Zoning Commission recommended approval on August 12,
1987.
SUMMARY:
The annexation of this property will enable Miller of Texas, Inc.
to include the property in their zoning proposal. In tht: City's
opinion It will assist in establishing more uniform city limits and
correct city limit areas where property was omitted from previous
annexations.
BACKGROUND:
`r
i
Property has been annexed since 1984 in this area in conjunction
with several toning requests.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED!
Planning and Developm+nt Departments departments providing City
services E'
FISCAL IMPACT! d
F
No analysis has been done with regard to the annexation at this time.
I Y I
i 4civ ully sub i tedt
4 Mec e
Prepared by: ager
~CA, G Cah
Ceolle Carson
Urban Planner
s
Y
Approved:
David Ellison
Acting Director for Planning !
and Development
19418/1
1849L
NO.
AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND ADJACENT TO
THE CITY OF DENTON, TEXAS; BEING ALL THAT LOT, TRACT OR PARCEL OF
LAND CONSISTING OF APPROXIMATELY 2.822 ACRES OF LAND LYING AND
i BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING
PART OF THE M, FORREST SURVEY, ABSTRACT N0. 4171 DENTON COUNTY,
TEXAS; CLASSIFYING THE SAME AS AGRICULTURAL "A" DISTRICT PROPERTY;
( AND DECLARING AN EFFECTIVE DATE,
WHEREAS$ a request for annexation for the property described
in Exhibit A", a copy of which is attached hereto and Incorpo-
rated by reference herein, was introduced at a regular meeting of
the City Council of the City of Denton, Texas, on the petition of
the City of Denton; and
WHEREAS, an opportunity was afforded at a public hearing held
for that purpose on the day of _ ,
C1997 n the
ouncil Chambers for all Interested pei 'sons 7too state theiriviews
and present evidence bearing upon the annexation provided by this
ordinance; and
WHEREAS, an opportunity was afforded,
for that purpose on the r day of `at ablic hearing held j
Council Chambers for a1I-Crested 1987 in the
iews
and present evidence bearing upon they annexations providedibyvthis
ordinance; and
j
WHEREAS, this ordinance has been published in fall et ieast f
one time in the official newspaper of the City of Denton, Texas,
prior to its effective date, and after the public hearings;
NOW2 THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS;
E
SECTION Is
That the tract of land described in said Exhibit "A" be, and
the same is hereby annexed to the City of Denton, Texas, ana the f
same is made hereby a part of said City and the land and the
present and future inhabitants thereof shall be entitled to all
3 the rights and privileges of other citizens of said City and shall
tI ~
A-44/PAGE ONE
Y
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be bound by the acts and ordinances of said City now in effect or
which may hereafter be enacted and the property situated therein
shall be subject to and shall bear its prorata part of the taxes
levied by the City.
SECTION It.
The property described in Exhibit "A" is hereby classified as
Agricultural "A" District and shall so appear on the official ton-
ing map of the City of Denton, Texas, which map Is hereby amended
accordingly.
;
SECTION III.
Should any section or part of this ordinance be held unconsti-
tutional illeggal or invalid, or the application thereof ineffec-
tive or Inapplicable as to any territory, such unconstitutionality,
illegality, invalidity or ineffectiveness of such section or part
shall in no wise affect, impair or ln;atidate the remaining portion
or portions thereof, but as to such remaining portion or portions,
the same shall be and remain in full force and effect; and should
this ordinance for any reason be ineffective as to any part of the
area hereby annexed to the City of Denton, such ineffectiveness of
this ordinance as to any such part or parts of any such area shall
not affect the effectiveness of this ordinance as to all of the
rema'.nder of such area, and the City Council hereby declares it to
be its purpose to annex to the City of Denton every part of the
area described in said Exhibit "A" of this ordinance, regardless
of whether any other part of such described area is hereby effec-
tively annexed to the City. Provided, further, that if there is
Included within the general description of territory set out in
Section I of this Ordinance to be hereby annexed to the City 0
Denton any lands or area which are presently part of and ircluded
within the limits of the City of Denton or which are presently
part of and included within the limits 01 any other City, Town or
Village, or which are not within the City of Denton's jurisdiction
to annex, the same is hereby excluded and excepted from the
territory to be hereby annexed as fully as if such excluded and
excepted area were expressly described herein.
SECT ON IV.
This ordinance shall be effective immediately upon its passage,
Introduced before the City Council on the day of
1987.
= I
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A-44/PAGE TWO
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PASSED AND APPROVED b
! Y the City Council on the
1987. day of
i ~ RA S
i
I
ATTEST:
t
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY:
,
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4
1. 1
A•44/PAGE THREE
2+
1.
EXHIBIT "A"
A-44
All that certain lot, tract or parcel of land, lying and being situated in the M. Forrest Survey, Abstract
No. 417, Denton County, Texas, and being more particularly described as follows:
BEGINNING at a point in the present city limits, said point being the northernmost southeast corner of the
tract described in Ordinance 84-98, sold point also lying in the southernmost north boundary line of a
trait of land described in Ordinance No. 87-050 1 Correction Ordinance of Ordinance 85-210, Tr. 11);
THENCE north 20 34' 03" east (north 40 58' east, by Ordinance No. 64-98) along the easternmost present
city limits as established by Ordinance No. 84-98, same being the east boundary line of Lot 5, Block E of
the M. Forrest Subdivision, the west boundary line of lot 6, Block E, passing at 678.77 feet the southwest
corner of a 1.793 acre tract of land described in a deed to Tom Prcuty, Trustee recorded in Vol. 1755, Pg.
495 of the D.R.D.C.T, and continuing a total distance of 1321.77 feet to the northwest corner of said
1,793 acres Prouty tract same being a U.S. Army Corps of Engineers monument 0-313,+, for corrsr;
THENCE south 230 25' 50" east along the northeast boundary line of said 1.793 acre Prouty tract, same
being the southwest boundary line of a tract of land describe! In a deed to the City of Dallas, recorded
in Vol. 195, Pg $13 of the D.R.C.C.T, a distance of 490.89 feet to a U.S. Army Corps of Engineers monument
0-31211, for corner;
THENCE south 340 06' 54" west along the southeast boundary line of sold 1.793 acre Prouty tract, same
being the northwest boundary tine of said City of Dallas tract, passing at 232.82 feet the southeast
corner of said 1,793 acre Prouty tract, continuing for a total distance of 269.96 feet b a U.S. Army
Corps of Engineers monument -3)1N, for corner;
THENCE south 330 01' 16" east along the northeast boundary line of a 0.544 acre tract of find described
In a deed to Tom Prouty, Trustee, recorded in Vol. 1770, Pg. 404 of the D.R.D.C.T, same being the
southwest boundary line of said City of Dallas tract a distance of 281.05 feet to a U.S. Army Corps of
Engineers monument 0-31011, for corner;
THENCE south 000 35' 13" west along the easternmost boundary line of said 0.544 acre Prouty tract a
distance of 12.77 feet to the southeast corner of sold tract, same being a northeast corner of the present
city limit as established by the tract described in Ordinance No. 87-050 ( Correction Ordinance of
Ordinance 65-210, Tr. 11) for corner;
THENCE north 870 21' 18" west along the south boundary line of said 0.544 acre Prouty tract, same being
said present City limits, a distance of 181.91 feet to the southwest corner of said 0.544 acre Prouty
tract, some being in inner ell corner of the tract described in Ordinance 67-050 (Correction Ordinance of
I Ordinance No. 65-210, Tract 11) for corner;
THENCE north 050 23' 06" east along the west boundary line of said 0.544 acre Prouty tract, some being
said present city limits, passing at 242.28 feet the northwest corner of said 0.544 acre Prouty tract, and
Continuing for a total distance of 247.94 feet to the northernmost northeast corner of the tract described
in Ordinance No. 87-650 ( Correction Ordinance of Ordinance 65-210, Tr. 11) for corner;
THENCE north 840 43' 50" west along the northern most boundary line of said present city limits, a
dfstance of 40.24 feet to the northwest corner of the tract described in Ordinance No. 87-050 (Correction
Ordinance of Ordinance No. 85.210, Tract 11) for corner;
THENCE south 20 45' 31" west along said present city limits a distance of 264.28 feet to a point for a
corner in the north boundary line of a tract described in a deed to Tom Prouty, trustee, recorded in Vol.
1198, Pg. 216 of the D.R.D.C.T.;
THENCE south 10 31' 28" west along sold present city limits a distance of 58,50 feet to a point for 1
I corner in the south boundary line of sold Prouty tract;
! THENCE south 20 06' 21" west 61649 the west boundary 1100 of the present city limits a distinct of t
( 335.65 feet to a point for corner some being in inner corner of the tract described fn Ordinance No.
87-060 ( Correction Ordinance of Ordinance No. 85.210, Tract III for corner;
THENCE north 870 35' 64" west along the slid present city limits, same being the easternmost southeast
corner of said PW tract, a distance of 31.27 feet to the Place of Beginning and containing 2.622 acres of
land,
i
I
PLAN OF SERVICE FOR ANNEXED AREA CITY OF DENTON TEXAS
WHEREAS, Article 970a as amended requires that a plan of service
be adopted by the governing body of a city prior to passage of an ordinance
annexing an area; and
WHEREAS, the City of Denton is contemplating annexation of an
area which is bounded as shown on a map of the proposed annexation.
NOW, THEREFORE, HE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DENTON, TEXAS:
Section .
amended, Texas Code Annotatedt there the
is hereby adopted Article e the proposed
annexation area the following plan of service: P osed
1. Basic Service Plan
i
i
A. Police
(1) Patrolling, radio responses to calls, and other
routine police services, using present personnel
and equipment, will be provided on the effective
date of annexation;
(2) Traffic signals, traffic signs, street markings,
and other traffic control devices will be installed
a:; the need therefore is established by apprcpriate
study and traffic standards.
H Fire
(1) Fire protection by the present personnel and equip-
ment of the fire fighting force, will be provided
on the effective date of annexation, j
;r•
C. Water
j (1) Water for domestic, commercial and industrial use
will be provided at city rates, from existing city
lines on the affective date of annexation, and
thereEfter from new lines as extended in accordance
with article 4.09 of appendix A of the code of the
City o1 Denton, Texas.
D. Sewer
j
(1) Properties in the annexed areas will be connected
to sewer lines in accordance with article 4.09 of
appendix A of the code of the City of Denton, Texas.
E. Refuse Collection
f (1) The same regular refuse collection service now pro-
vided within the city will be extended to the
annexed r.ret. within one month after the effective
date of annexation.
e
PLAN OF SERVICE FOR ANNEXED AREA CITY OF DENTON TEXAS
I
i
WHEREAS, Article 970a as amended requires that a platy of service
be adopted by the governing body of a city prior to passage of an ordinance
annexing an area; and
WHEREAS, the City of Denton is contemplating annexation of an
area which is bounded as shown on a map of the proposed annexation,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF' DENTON, TEXAS:
Section. 1. Pursuant to the provisions of Article 970a as
amended, Texas Cc,!%*- Annotated, There is hereby adopted for the proposed
annexation area the following plan of service:
I, Bast.-. Servioe Plan
i
A. eglice
f (1) Patrolling, radio responses to calls, and other
y routine police services, using present personnel
and equipr.ent, will be provided on the effective
date of annexation;
r (2) Traffic signals, traffic signs, street markings,
` i and other traffic control devices will be installed
as the need therefore is established by appropriate
r ~ study and traffic standards. ;
i t i
B, Fire f
(1) Fire protection by the present personnel and equip-
ment of the fire fighting farce, will be provided
on the effective date of annexation,
C. Water
(1) Water for domestte, commercial and industrial use
will be provided at city rates, from existing city
lines on the effective date of annexation, and
thereafter from new lines as extended in accordance
' with article 4.09 of appendix A of thn ecde of the
t
City of Denton, Texas.
D. Sewer I,
(1) Properties in the annexed areas will be connected
1
to sewer lines in accordance with article 4.09 of f
appendix A of the co0e o1 the City of Denton, 'faxes,
E. Refuse Collection
(1) The same regular refuse collection service now pro
vided within the city will be extended to the
annexed area vithin one month after the effective
date of annexation.
b l
. I
,
J
Service Plan
Annexed Areas
Page two
F. Streets
(1) Emergency maintenance of streets (repair of hazardous
chuckholes, measures necessary for traffic flow, etc,)
i will begin on the effective date of annexation.
(2) Routine maintenance on the same basis as in the
present city, will begin in the annexed area on
the effective date of annexation,
(3) Reconstruction and resurfacing of streets, installa-
tion of storm drainage facilities, construction of
curbs and gutters, and other such major improvements,
as the need therefore is determined by the governing
body, will be accomplished under the established
policies of the city.
G. Inspection Services
(1) Any inspection services now provided by the city
(building, electrical, plumbing, gas, housing,
sanitation, etc.) will begin in the annexation: area
on the effective date of annexation.
H. Planning and Zoning
(1) The Planning and Zoning jurisdiction of the city
will extend to the annexed area on the effective
date of annexation, City planning will thereafter
encompass the annexed area.
` I. Street Lighting
(1) Street lighting will be installed in the substan-
tially develop^d areas in accordance with the
established policies of the city.
i J. Recreation
F: (1) Residents of the annexed area may use all existing
recreational facilities, parks, etc., on the effec-
tive date of annexation. The same standards and
policies now used in the present city will be fol-
lowed in expanding the recreational program and
facilities in the enlarged city.
K, Electric Distribution
(1) The city recommends the use of City of Denton for
electric power. f
e
t
Service Plan
Annexed Areas
Page three
L. Miscellaneous
(1) Street name signs where need.:~d will be installed
within approximately 6 months after the effective
date of annexation.
i
I1. Capital Improvement Program (CIP)
The CIP of the City consists of a five year plan that is up-
dated yearly. The Plan is prioritized by such policy guide-
lines as:
(1) Demand for services as compared to other areas
based partly on density of population, magnitude
of problems compared to other areas, established
technical standards and professional studies, and
natural or technical restraints or opportunities.
(2) Impact on the balanced growth policy of the city.
(3) Impact on overall city economics.
The annexed area will be considered for CIP planning in the
upcoming CIP plan, which will be no longer than one year from Ik
the date of annexation. In this new CIP planning year the I
annexation area will be judged accordingly to the same
n established criteria as all other areas of the city.
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UNIVERSITY
~e4•0B-43
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ANNEXATION SLHELULE
A-44
i
July 07, 1987 City Council sets date, time and
place for public hearings
July IU, 1987 Notice published In Denton kecord
Chronicle for first public hearing
July 21, 1987 City Council - tirst public hearing
July 24, 1987 Notice published in Denton kecora
Lhronicle for second public hearing
August 04, 1W City Council - second public hearing
i August 120 1987 Planning and Zoning Lommission makes
recommendation
August 25, 1987 City Council institutes annexation ;
August 30, 1987 Publication of ordinance in Denton
kecord Chronicle
October 06, 1967 Final action b} City Council
~i a:
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P b Z Minutes
August 12, 1987
Page 2
G. A-43. Petition of Carter and Burgess, Inc., representing
1t1 er of Texas, requesting annexation of 73.334 acres of
land being part of the M. Forrest Survey, Abstract No. 417.
STAFF REPORT: Ms. Carson stated that the annexation of
t std property will enable Miller of Texas, Inc. to include
the property in their zoning proposal. In the City's
opinion It will assist in establishing more uniform city
limits and correct city limit areas where property was
omitted from previous annexations.
DECISION: Mr. Glasscock moved to recommend approval of
A-43. Seconded by Ms. Brock and motion unanimously
carried (5-0).
H. A-44. Petition of Carter and Burgess, Inc., representing
• iR er of Texas, requesting annexation of 2.822 acres of
land being part of the N. Forrest Survey, Abstract No.
417.
STAFF REPURI: Ms. Carson stated that the annexation of
this property will enable bfiller of 'texas, Inc. to include
the property in their zoning proposal. In the City's
opinion it will assist in establishing more uniform city
limits and correct city limit areas where property was E
omitted from previous annexations.
i
UEl.IS1GN: Mr. Glasscock moved to recommend approval of
A-44. Seconded by Ms. Brock and motion unanimously
carried (5-0).
1. A-45. Petition of Miller of Texas requesting annexation
{ of 1.834 acres of land being part of the G. Walker Survey,
Abstract No. 133U.
w
I STAFF REPURT: Ms. Carson stated that the annexation of
this will enable hiller of 'texas, Inc. to include
;.i the property in their zoning proposal. In the City's
opinion it will assist in establishing more uniform city
limits and correct city limit areas where property was
omitted from previous annexations.
i DECISION: Mr. Glasscock moved {
to recommend a ro of
val o
A 4 Teconded by Ms. Brock and motion unanimously k
carried (S-U).
M1,
p 6 Z Minutes
August 12, 1987
Page 2
I G. A-43. Petition of Carter and Burgess, Inc., representing
ller of Texas, requesting annexation of 73.334 acres of
land being part of the M. Forrest Survey, Abstract No. 417.
i
STAFF REPORT: Ms. Carson stated that the annexation of
this property will enable Miller of Texas, Inc. to include
the property in their zoning proposal. In the City's
opinion it will assist in establishing more uniform city
limits and correct city limit areas where property was
omitted from previous annexations.
j DECISION: Mr. Glasscock moved to recommend approval of
A-4S. Seconded by Ms. Brock and motion unanimously
carried (5-0).
H. A-44. Petition of Carter and Burgess, Inc., representing
Miller of Texas, requesting annexation of 2.822 acres of
land being part of the M. Forrest Survey, Abstract No.
417.
STAFF REPURT: Nis. Carson stated that the annexation of
this property will enable Miller of Texas, Inc. to include
the property in their zoning proposal. In the City's
opinion it will assist in establishing more uniform city
limits and correct city limit areas where property was
omitted from previous annexations.
DECISION: Mr. Glasscock moved to recommend approval of
A-44. Seconded by Nis. Brock and motion unanimously
carried (5-0). !
1. A-45. Petition of Miller of Texas requesting annexation
oF 1.83: acres of land being part of the G. Walker Survey,
` Abstract No. 1330.
STAFF REPORT: Ms. Carson stated that the annexation of
Ms property will enable Miller of Texas, Inc. to include
the property in their zoning proposal. In the City's
opinion it will assist in establishing more uniform city
limits and correct city limit areas where property was
omitted from previous annexations.
DECISION: Mr. Glasscock moved to recommend approval of
TY. Seconded by Nis. Brock and motion unanimously
7l
carried (S-U).
f
i
{
A
DATE: 08/25/87
CITY COUNCIL REPORT FORMAT
TO: Mayor and Members of the City Council
3
{
FROM: Lloyd V. Harrell, City Manager
f
SUBJECT: CONSIDER ADOPTION OF AN ORDINANCE AND SERVICE PLAN INSTITUTING
ANNEXATIO14 or 1.834 ACRES OF LAND BEING PART OF THE G. WALKER
SURVEY, ABSTRACT NO. 1330. (A-45)
RECOMMENDATION:
The Planning and Zoning Commission recommended approval on August 12,
1987.
SUMMARY:
The annexation of this property will enable Miller of Texas, Inc.
to include the property in their zoning proposal. In the City's
opinion it will assist in establishing more uniform city limits and
correct city limit areas where property was omitted from previous
annexations.
PACKGROUND:
Property has been annexed since 1984 in this area in conjunction
with several zoning requests.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
Planning and Development Department, departments providing City
services
FISCAL IMPACT:
i { t
r No analysis has been done with regtrd to the annexation at this time.
Respec Ily submitted: j
Prepared by: re
cit anager
Cecile Carson
Urban Planner
Appro,ed: +
David Ellison
S ;1 Acting Director for Planning
and Development
1941x/2
i
I 1
I
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1850L
NO.
AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND ADJACENT TO
THE CITY OF DENTON, TEXAS; BEING ALL THAT LOT, TRACT OR PARCEL OF
LAND CONSISTING OF APPROXIMATELY 1.834 ACRES OF LAND LYING AND
BEING SITUATED IN THE COUNTY OF DENTON
PART OF THE G. WALKER SURVEY, ABSTRACT NSTATE OF BEING
O. 1330,TDENTONN000NTY,
TEXAS; CLASSIFYING THE SAME AS AGRICULTURAL "A" DISTRICT PROPERTY;
AND DECLARING AN EFFECTIVE DATE.
WHEREAS, a request for annexation for the property described
in Exhibit "A", a copy of which is attached hereto and incorpo-
rated by reference herein, was introduced at a regular meeting cf
the City Council of the City of Denton, Texas, on the petition of
the City of Denton; and
WHEREAS, an opportunity was afforded, at a public hearing held
for that purpose on the ?I- day of -T. 1987
Council chambers for alr4tnterested y theiin the
and present evidence bearing upon the annexation n providedbyvthis
ordinance; and
WHEREAS, an opportunity was afforded, at a
for that purpose on the day of public hearing held
the
Council Chambers for air trested personsn to state theirivie
xs
and present evidence bearing upon the annexation
ordinance; and provided by this
WHEREAS, this ordinance has been published in full at least '
E
one time in the official newspaper of the City of Denton, Texas,
prior to its effective date, and after the public hearings;
NOW9 THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I.
! That the tract of land described in said Exhibit "A" be, and
the same is hereby annexed to the City of uenton, Texas, and the
same is made hereby a part of said Ctty and the land and the
present and future inhabitants thereof :halt be entitled to all
the rights and privileges of other citizens of said City and shall
A-45/PAGE ONE
be bound by the acts and ordinances of said City now in effect or
which may hereafter be enacted and the property situated therein
shall be subject to and shall bear its prorata part of the taxes
levied by the City.
SECTION II.
The property described in Exhibit "A" is hereby classified as
Agricultural "A" District and shall so appear on the official zon-
ing map of the City of Denton, Texas, which map is hereby amended
accordingly.
SECTION III_
Should any section or part of this ordinance be held unconsti-
tutional, illegal or invalid, or the application thereof ineffec-
tive or lnapplicable as to any territory, such unconstitutionality,
{ illegality, invalidity or Ineffectiveness of such section or part
shall In no wise affect, impair or invalidate the remaining portion
or portions thereof, but as to such remaining portion or portions,
the same shall be and remain in full force and effect; and should
this ordinance for any reason be ineffective as to any part of the
area hereby annexed to the City of Denton, such ineffectiveness of
this ordinance as to any such part or parts of any such area shall
not affect the effectiveness gf this ordinance as to all of the
remainder of such area, and the City Council hereby declares it to
be Its purpose to annex to the City of Denton ever
area described in said Exhibit "A" of this y part of the
^'E ordi
aan
of ce
w re
Nether any other part of such described area is hereby ae£fecs ~i
tively annexed to the City. Provided, further, that if there is
included within the general description of territory set out in
Section I of this Ordinance to be hereby annexed to the City of
Denton any lands or area which are presently part of and included
within the limits of the City of Denton, or which are presently
part of and included within the limits of any other City, Town or
Village, or which are not within the City of Denton's jurisdiction
to annex, the same Is hereby excluded and excepted from the
territory to be hereby annexed as fully as if such excluded and
excepted area were expressly described herein.
SECTION IV_
This ordinance shall be effective immediately upon its passage.
Introduced before the City Council on the
1987, day of ,
Y'
A-4S/PAGE TWO
E
i
i
PASSED AND APPROVED by the City Council on the day of
1987.
E
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ATTEST:
+ JENNIFER NfALTEAS, C Y ECR A
Vr; P, s APPROVED AS Tu LEGAL FORM:
z DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
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A-45/PAGE THREE
a a
EXHIBIT "A"
t
A-45
ALL that certain lot, tract or parcel Of land, lying and being situated in the G. Walker Survey, Abstract
No. 1330, Denton county, Texas, and more particularly described as follows:
BEGINNING at a point in the present city limits, said point being the northernmost northwest loner ell
corner of the tract described in Ordinance No. 86-130, said point also being the southwest corner of a
tract of land described in a deed to RMB Land Co., Ltd., recorded in vol. IBb1, Pg. 928 of the D.R,D.C.T.,
said point also lying in the north boundary line of a tract of land described in a deed to David D. Vaughn
recorded in Vol. 966, Pg. 827 of the D.R.D.C.T.;
i
THENCE north 870 48' 39" west along north boundary line of said Vaughn tract, a distance of 60.0 feet to
a point for corner;
! THENCE northeasterly the following three (3) courses and distances 60.0 feet west of and parallel to the
west boundary line of said PA tract, same being said present City limits; (1) north 020 02' 02" east a
distance of 83.39 feet to the beginning of a curve to the right, having a radius of 1500.0 feet, a central
angle of 220 DO' 00" and a chord bearing and length of north 130 02' 024 east, $72.43 feet; (21
northeasterly along said curve to the right an arc distance of 575.96 feet; (3) north 240 02' 02" east,
696.01 feet to a point for corner in the south boundary line of a tract of land described in a deed to the
City of Dallas by a deed recorded in Vol. 212, Pg. 501 of the D.R.D.C.T.;
r THENCE north e20 52' 62" east along south boundary tine of said City of Dallas tract, a distance of 0.98
^',a feet to a point for corner;
.r.
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THENCE such 660 04' 16" east along the south boundary line of said City of Dallas tract, a distance of it
$9.20 feet to a point for corner, said point teing the northwest corner of said Rk8 tract;
THENCE southwesterly the following three (3) courses and distances along said present city limit-, same
, j being the west boundary line of said AH8 tract; Ii) south 240 02' 02" west, 698.69 feet to the beginning
of a curve to the left, having a radius of 1440.0 feet, a central angle of 220 00' 00", and a chord
bearing and length of south 130 02' 02" west, 549.53 feet; (2) southwesterly along said curve to the
f ' left an are distance of 552.92 feet; (3) south 02o 02' 02" west, 83.55 feet to the Place of Beginning
aid containing 1.834 acres of land.
t. '
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VIII
e }ff
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PLAN OF SERVICE FOR ANNEXED AREA CITY OF DENTON TEXAS
WHEREAS, Article 970a as amended requires that a plan of service
be adopted by the governing body of a city prior to passage of an ordinance
annexing an area; and
E
i WHEREAS, the City of Denton is contemplating annexation of an
area which is bounded as shown on a map of the proposed annexation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DENTON, TEXAS:
I
Section 1, Pursuant to the provisions of Article 970a as
amended, Texas Code Annotated, there is hereby adopted for the proposed
annexation area the following plan of service:
1. Basic Service Plan
A. Police
(1) Patrolling, radio responses to calls, and other
routine police services, using present personnel
and equipment, will be provided on the effective
date of annexation;
(2) Traffic signals, traffic signs, street markings,
and other traffic control devices will be installed
as the need therefore is established by appropriate
study and traffic standards.
B. Fire
(1) Fire protection by the present personnel and equip-
ment of the fire fighting force, will be provided
on the effective date of annexation.
C. Water ~
(1) Water for domestic, commercial and industrial use
will be provided at city rates, from existing city
lines on the effective date of annexation, and
thereafter from ne- lines as extended in accordance
with article 4.09 of appendix A of the code of the
City of Denton, Texas.
D. Sewer
I
(1) Properties in the annexed areas will be connected
to sewer lines in accordance with article 4.09 of
' appendix A of the code of the City of Denton, Texas,
.r
E. Refuse Collection
(1) The same regular refuse collection service now pro-
vided within the city will be extended to the
annexed area within one month after the effective
date of annexation.
I
Service Plan
Annexed Arcas
Page two
F. Streets
(1) Fmergency maintenance of streets (repair of hazardous
ll
chuckholes, measures necessary for traffic flow, etc.'i
will begin on the effective date of annexation.
I
4 (2) Routine maintenance on the same basis as in the
present city, will begin in the annexed area on
j the effective date of annexation.
(3) Reconsh.,uction and resurfacing of streets, installa-
tion of storm drainage facilities, construction of
curbs and gutters, and other such major improvements,
as the need therefore is determined by the governing
body, will be accomplished under the established
! policies of the city.
1 G. Inspection Services
(1) Any inspection services now provided by the city
(building, electrical, plumbing, gas, housing,
sanitation, etc.) will begin in the annexation area
on the effective date of annexation.
H, Planning and Zoning
(1) The Planning and Zoning jurisdiction of the city
will extend to the annexed area on the effective
date of annexation. City planning will thereafter
encompass the annexed area.
I. Street Lighting
r
ry " (1) Street lighting will be installed in the substan-
tially developed areas in accordance with the r`
established policies of the city.
J. Recreation
(1) Residents of the annexed area may use all exiting
recreational facilities, parks, etc., on the effec-
tive date of annexation. The same standards and
policies now used in the present city will be fol-
lowed in expanding the recreational program and
facilities in the enlarged city,
K. Electric Distribution j
(1) The city recommends the use of. City of Denton for I!
electric power.
}e
i4F A
t'
Service Plan
Annexed Areas
Page three
L. Miscellaneous
(1) Street name signs where needed will' be installed
within approximately 6 months after the effective
date of annexation,
I
S
II, Capital Improvement Program (CIP)
i
The CIP of .he City consists of N five year plan that is up-
dines asa The Plan is prioritized by such policy guide-
(1) Demand for services as compared to other areas
based partly on density )f population, magnitude
of problems compared to after areas, established
technical standards and professional studiss, and
natural or technical restraints or opportunities,
(2) Impact on the balanced growth policy of the city.
^ (3) Impact ov overall city econonics.
The annexed area will be considered for CIP planning in the
upcoming CIP plan, which will be no longer than one year from
the date of annexation. In this new CIP planning year the
} h annexation area will be judged accordingly to the same
established criteria as all other zreas of the city,
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UNIVERSITY -
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ANNEXA110 SCHHULL
A-45
July 07, 1987 City Council sets date, time and
.N
place for public hearings
'E July 10, 1987 Notice published in Denton Record
Chronicle for first public hearing
} /July 211 1987 City Council - first public hearing
t July 24, 1987 Notice published in Denton Record
CnronicIe for second public hearing
August 04, 1W City Council - second public bearing
Y , August 12, 1987 !Tanning and Zoning Commission makes
re commenaatIon
' August 25, 1987 City Council institutes annexation
s r t
f August 30, 1b87 Publication of ordinance in Denton
' w Record Chronicle
' p October Ob, 1987 Final action D> City Council s.'
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P 6 Z Minutes
August 12, 1987
Page 2
G. A-43. Petition of Carter and Burgess. Inc., representing
Rifler of Texas, requesting arnexation of 73.334 acres of
land being part of the M. Forrest Survey, Abstract No. 417.
STAFF REPORT: Ms. Carson stated that the annexation of
t s~iT property will enable Miller of Texas, Inc. to include
the property in their zoning proposal. In the City's
opinion it will assist in establishing more uniform city
limits and correct city limit areas where property was
omitted from previous annexations.
DECISION: Mr. blasscock moved to recommend approval of
-Seconded by Ms. Brock and motion unanimously
carried (S-0).
Ii. A-44. Petition of Carter and Burgess, Inc., representing
Miller of Texas, requesting annexation of 2.821 acres of
land being part of the M. Forrest Survey, Abstract No.
417.
c STAFF REPUR'I: Ms. Carson stated that the annexation of
r this property will enable Miller of Texas, Inc. to include
the property in their zoninroosal. In he Cit's
opinion it will assist in establishing moretuniform city
r x Limits and correct city limit areas where property was
omitted from previous annexations.
LECISION: Mr. Glasscock moved to recommend approval of
A-44. Seconded ay Ms. Brock and motion unanimously
carried (5-0).
i;" I. A-45. Petition of Miller of Texas requesting annexation
UM.834 acres of land being part of the G. Walker Survey,
' Abstract No. 133U.
STAF'F REPORT: Nis. Carson stated that the annexation of
L s property will enable hiller of 'texas, Inc. to include
fi ' the property in their zoning proposal. In the City's
+ opinion it will assist in establishing more uniform city
k limits and correct city limit areas where property was
omitted from previous annexations. !
DECISION: Mr. Glasscock moved to recommend approval of
A-45.~econded by Ms. Brock and motion unanimously
carried (5-U). ,I
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CITY*f DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 78201 / TELEPHONE (817) 008-0307 I
Office of the City Manager
M E M v R A N D U M
r
T0: Mayor and Members of the City Council
r-
FROM. Jennifer Walters, City Secretary
DATE: August 20, 1987
SUP,JECT: Back-up for Agenda Item #3,
k
No formal back-up materials were sc'bmitted for this item.
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CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 70201 /TELEPHONE (017) 660.8307
E Office of the City Manager
1 M E M O R A N D U M
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TO: Mayor and Members of the City Council
FROM: Jennifer Walters, City Secretary
DATE: August 20, 1987
SUBJECT: Back-up for Agenda Item t4
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No formal back-up materials were submitted for this item.
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CITY Of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 566-8200 +9 jk
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M E M O R A N D U M
wt DATE: August 7, 1987
TO: Lloyd Y. Harrell, City Manager
FROM: John F. McGrane, Executive Director of Finance
SUBJECT: PkOYhRTY TAX CODE PUBLIC N97•ICE AND HEAkING
REQUIREMENTS
In order to comply with the State of Texas Property Tax Code
' requirements for 1!truth-in-taxation", attached is the seven (7)
step process of adopting our tax rate for fiscal year 1987-88.
The Proposed 1987-88 budget includes a tax rate of $.59 per $100
valuation. An additional $.02 per hundred dollar valuation for
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Flow Hospital would make the tax rate 11,131 greater than the
effective tax rate.
If you need any additional information, please advise.
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PART 4
Notices & Hearings
Once the effective tax rate has been published and reported to the first quarter-page notice.
the governing body, the duty of complying with truth-in-taxation Lf the notice is published before August 31, the unit mot
laws shifts to that body. Failure to arty out this duty in good faith use the old notice. The wording of this notice is specifically set out
also carries a high price: if the unit doesn't comply with the notice in section 26.06, Property Tax Code (see Form S on page ! 9; units
and hearing taws, a taxpayer an go to court and enjoin tax with indigent healthcare experuessboulduse Form 6oopale 20}
collections if he files suit before the unit delivers substantially all its The notice must state the percentage increase that the proposed
tax bills. The Injunction slops tax collections until the unit satisfies 'iris represents over the effective tax rate, which is calculated by
the court that it has complied with the law. subtracting the effective rate from the proposed rate and dividing
How truth f a taxation will affect the unit is determined by the the result by the effective rate. The notice must state the time, date,
amount of tax the governing body wants to adopt. Generally, the and place of the public haring, and it must report the names of
body must determine the three percent and eight percent limits each governing body member and how each men L, r voted on the
decide how much tax must be Wed; comply with notice and Wtiposa .
hearing requirements if the tax is over the three percent lind4 adopt Ober than this information, no extraneous informatioc should
kris tax Tote; and, potentially, administer a rollback election if the be inserted in the notice. Thenotice mumfoflowrhecodei wtrrdrng
tax excoeds the eight percent omit. t=dr• '
If the notice is published after August 31, 1987, the new '
Step t: determine three percent requirements of H8 328 apply,
ht percent limits The new notice of public hearing must contain considerable
elf,, , additional information about uxes. to addition to the sutemect
per ire firs) step is to determine the limier. To determine the three that must be published under current law, the notice must a!so
effectiA3.ve tax To contain the following information:
determine percent limit, this eight multiply the percent tout limit, a multiply tax the rate total by nine
rate by 1.08. a last year's adopted tax tale and this years proposed ux rate,
Step 2: decide how much expressed in dollars per $100 of taxable value;
a the difference between last years rate and this yea; s rate,
lax must be body and expressed as an amount per $100;
The fo er t body must next decide bowmuchtax itwand to a the percent increase or decrease from last year's rate to the
levy lxfore it formally adopts a rate. If this amount under
rate;
consideration doesn'texceed the three percentliff" one setof rules pro° average apps std slue of a residence homestead in the
m exceed the percent notice three limit the unit muss follow unit last year, and the average appraised value this year,
apply. if it d
truth im taxattionion''s s notice a and d hearing ng rules. a t!,e unit's general homestead exemption(s) that are available
lnereaseofthreepereenlorlew If the governing body adopts a to all taxpayers, not including over-65 or disabled persons'
tax rate that blower than or equal to the three percent limit it an exemptions;
skip now 1o Step 7: Adopting a Tax Rate. The governing body s the average taxable value of a residence homestead in the unit
need not publish any more truth,-in-taxation notices or hold public Last year and this yeu, disregarding over-65 or disabled persons'
hearings. It need txly adopt its tax rate by official action at a exemptions;
meeting that has bxo properly polled and is open to the public, a the amount of ux that last year's tax rate imposed on last
The debt component of the adopted rate must equal the debt rate years average homestead, disregarding over-65 or disabled
published in the effective rate calculations. persoas' exemptions;
Greater than three percent Lnereasa If the proposed rate got I a the amount of tax that this year's proposed tax Tate would
over the three percent limit, the governing body must comply with impose on this years average homestead, disregarding over.65
all the remaining steps before it adopu a tax rata or disabled pcrso^s' exemptions;
a the dollar difference between last year's average homestead
Step le to propose a tax increase tax and this years proposed tax; and
tax to the
The governing bed VO "proposal to a the Ptruns increase or decrease from last year's
vote on a ,.p
body must take a record
consider the tax irxrease"-specifically on whether to place a proposed tax. amount is in action
item on the agenda of a future mthe eeting. The results f this vote will The unit mot follow the Sate Property Tax Bard's prescn'bed
be published in the first truth-in-taxation notice, format and wording in publishing the new fnformation. As this
The governing body must also schedule a public bearing on the pamphlet went to press, the state Property Tax Board had
proposal. The hearing must take place on a weekday that is not a pro posed a format and wording for adoption in Emergency Rule
public holiday, at s location within the unit's boundaries, and in z 153.01, wbicA is sh con as Form 3 on page I? (unit; with indigent
public building or in another suitable place normally open to the health are expenses should use Form 4 on page 1g).
public if a public build; ng isn't available. There are also specific requirements for the size of the notice. It
mustbe st (casts quarter-page in size of a standard-siu or tabloid-
Step 4: publish first quarler•pae notice size newspaper (see the examples on pages 17.221
Next, the governing body must publish 6e first of two public The notice's headline must bt set in 18-point type orlarger.The
notkes. H8328, effecu ve August 31,1987,changa the wordipg of notice cannot be published in the legal or classified section of the
TRUTH IN TAXATION/1987
' 8
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ratleastsevendaysbetorctbe Ste adopt the tax rate in ublic meeting
rxN The notice must apps 1`111y, once all of the prerequisite -have been met, the
seat" o of f the the public haring.
'tae newspaper must be a publication thr: devotee at least 23 governing body must adopt the tax at the mating scheduled for the
` permit of its space to general interest items, is published at least purpose. owing rule apply to tax me adQptiorts for all taxing
once a week, has been regularly published for at least 12 months
before the actice is placed, and is entered as secondtlass postal units, r:a: rdless of whether the tax rate is raised, lowered, or
matter in the county where it is published, mainttined at the same level.
Step 5: hold a public hearing P.ks.-ds it•m: Adoption of the tax rate must be a separate item on of the
unit's
m r. readthe opt aeetinget before adopting a twc bury. Schad
overn At the designated tare and place, the governing body remas uet t bold tb, agtrolA
a public herring on the tax increase proposal. The only itemoatheafiends,,tquorummustbeptesent;and taxpayers
e o n okay ps with sny mating of the governing
must have the gver governing to express their views on the place e. U,My where a quorum is present to discuss government busia;*
rate and dad place c: notice of the mating must be published in compliance with the
ody the m e meeting at overomgb will mute no the date,
At the
the the information to which those they present. vote no t~~ tax rate and anon race open meetings laws and the mating must be open to the public.
The governing body must must follow a tight timetable once the Official action: The governing body must adopt a tax rate by
public herring Is over. The meeting to vote on the tax rate must official action as it writtea ordinance or order. The Property Tax
take piece no lees than Cheer. Jays and no more than 14 days after Code doesn'tset out special wording. Nevertheless, scbod districts
the public hearing. Like the public baring, the meeting to vote and general4aw cities should phrase the action as to ordinance,
must be held on a working weekday is a public building or a Home-rule cities should do so unless the charter provides
suitable substitute withia the unit's boundaries. otherwise. A sample ordinance for a city appears as Form 9 oft
Step 6: publish second quarter-page notice page 23.
After the bearing and before the mating to vote, the governing County quorum: At last four commissioners must be present for
body must publish a second quarter•page "Notice of Vote on Tax a county to adopt a tax rite; at least three must vote for the rate,
I Increase." Again, the notice must beat least a quarter-page in size,
tarry a headline in 19-point type appear in a suitable newspaper is Two-Wrote: If the governing body levies both & maintenance
sections other than the classified or legal sections, and follow tax aad a debt tax, the rate must be adopted showintw
strictly the wording set out in Section 26.66, Tax Code, A sample Separate components. Counties may have several, depending o they notice appears Y Form 7 onPqe 21 (units
with indigent health broken down tax debt and levy, bute each county
Wmponentse should be
cue expenses should use Form a on page 22). into t
:
i
Adoption of Tax Rite if
Adoption of Tax Rate if Different from 591 (not on
Council Adoption of Recommended Schedule for Tax Different from 591 (to be September 15 but Prior to
1987-1988 Budget Rate Adoption at 591 Approved on September 15) Meader 20)
August
17 Notice of Public Hearing
on Budget
18 • . • • , • • • , • • • . Take record '.ote on
proposed tax increase
21 • . • • . • • • • , , • . • Notice of public bearing
in Denton-Record Chronicle
25 ' ' . . • , • • • Take a record vote on
proposed tax increase
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Notice of public hearing
' ' ' • , in Denton Record-Chronicle
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S/ptMSber Teke a record Vote
1 • . Public bearing • ' on proposed tax increase
f' Public Hearing......... Notice of public hearing In
f / Denton Record-Chronicle
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Public Hering. Notite of tax vote
8 in Denton Record-Chronicle
Notice of tax vote
` in Denton Record-Chronicle
Public bearing
15 Adoption of budget • Vote to adopt tax rate Vote to adopt tax rate
Notice of tax vote in Denton
11 • . • • . " ' Record-Chronicle
special council session to
1B . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . adopt the tax rate
M13F
08!13/87
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WY ofDENTON,TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 7020r / TELEPHONE (817) 680.8307
Office of the City Menegor
M E M O R A N D U M
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TO. Mayor and Members of the City Council
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FROM: Jennifer Walters, City Secretary
DATE: August 20, 1987
SUBJECT: Back-up for Agenda Item t 6 j
No formal back-up materials were submitted for this item.
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