HomeMy WebLinkAbout06-25-1996
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JUN-21-1996 1136 CITY OF IENTON PLANNING P,03/05
City Council Report Agenda No, 4 -
Page 2 Agenda Item ^ Q
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the City for permanent zoning of their entire tract after annexation is completed. A
preliminary assessment of this annexation in accordance with Section 34-35 of the
Subdivision and Land Development Regulations is included In attachment Kl.
(2) B.F.E. Systems has recently platted a 29 acre tract located north of Blagg Road and
approximately 2000 feet east of Gmling Road into seven (7) residential lots. Two single
family horses currently exists on the tract. A preliminary assessment of this annexation in
accordance with Section 34-35 of the Subdivision and Land Development Regulations is
included in attachment N2.
(3) Tom Jester has recently platted a 29 acre tract loca:ed on the north east corner of FM
1830 and Hickory Hill Road into twelve residential lots. The tract is located in close
proximity to, but not abutting the current city limits. In the circumstances in order to annex
this trait the city must also annex a strip of land 1000 feet wide io include the right-of-way
of Hickory Hill Road and extending north to the so+ith property line of this tract. A
preliminary assessment of this annexation in accordance with Section 34.35 of the
Subdivision and Land Development Regulations is included in attachment 113.
;4) Tyron Development, owners of approximately 110 acres located on the south east corner
of FM 156 and US Hwy 380 has recently received approval for a general development plan
and it preliminw plat for a 71 lot single family development and 15.5 acres of commercial
development. A preliminary assessment of this annexation in accordance with Section 34-
35 of the Subdivision and Land Development Regulations is included in attachment N4.
BACKGROUND:
(1) Section 34-36 (b) of the Subdivision and Land Development Regulations states as
follows:
"if a tract of land in the extraterritorial jurisdiction is contiguous to the city limits and
the owner of the said property desire that it be annexed in order to be qualified to
receive city services when available and to be afforded zoning protection, the owner
may petition the City for annexation."
The regulations further requires staff to conduct a preliminary assessment of the area for
possible annexation and for City Council to make a deurmination whether or not formal
study, public hearings and annexation proceedings should be initiated.
(2) Section 34-35 (a) and (b) also requires staff to review certain proposed developments
in the extraterritorial jurisdiction, conduct a preliminary assessment and for City Council
to make a determination as to whether annexation Is appropriate in order to promote or
protect public health, safety and welfare.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
All city service departments including Police, Fire and ENIS, Engineering, Utilities, Solid
Waste, Parks and Recreation, Library, Planning and DeveIopn.snt, Animal Control and
Environmental Health.
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JUM-21-1996 11:39 CITY OF DENTON PLANNING P,04/65
City Council Repon
Page 3 ~;4oda Na.
Agenda Item
Da!e
FISCAL IMPACT:
(1) A 96.85 acre tract located north of Mingo Road and west of Cooper Creek Road.
Annual maintenance for roads is estimated at approximately $14,000.
The entire property has a market value of approximately $958,375 and agriculture
exemption appraised value of $22,158. City tax benefit based on existing land use Is
estimated at approximately $120 pe year.
(2) A 29.115 acre tract located north of Blagg Road and east of Geesling Road.
The County currently has responsibility for maintaining Blagg Road.
The property has as appraised value of $376,342 allowing for a potential city tax
benefit of approximately $2,035 per year. When fully developed the projected
appraised value is estimated at approximately 51,050,000 with an estimated annual tax
benefit of $5,679.
(3) A 29.046 acre tract located north of Hickory Hill Road and east of FM 1830.
Maintenance of 1000 feet on Hickory Hill Road is estimated at $3,000 per year.
Additional costs will be incurred to extend solid waste services beyond current service
area. Police, fire and EMS services will result in higher average response time.
The property has a current appraised value of $321,240 allowing for a city tax benefit
of approximately S1,737 per year. When fully developed the projected appraised value
is estimated at 51,800,000 with a potential annual tax benefit of approximately 59,736.
(4) A 110 acre tract located on the southeast corner of FM 136 and US Hwy 380.
Higher average response time for police, fire and EMS services. The tract Is
physically isolated from current service area. The entire tract has an appraised
agriculture exemption value of $19,081 allowing for minimal city tax benefit of
approximately $103.
RESPECTFULLY SUBMITTED:
Prepared by. Q Ted Benavides, City Manager
N • &4.4
Harry N. ersatud, MRTPI, AICP
Senior Planner
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JUN-21-1996 11:39 CITY OF DENTON FLANNING P.05/05
City Council Report
Page 4 A C v a ho lgi(~
Ajenia Item ~S
Approved: Date ^
Frank H. Ito ias, AICP
Director of Platlning and evelopment
ATTACHMENT:
(1) A 96.85 acre tract located north of Mingo Road and west of Cooper Creek Road.
(2) A 29.: 15 acre tract located north of Ilagg Road and east of Geesling Road.
(3) A 29.046 acre tract located north of ifickory Hill Road and east of FM 1830.
(4) A 110 acre tract located on the southeast corder of FM 156 and US Hwy 380.
(5) Draft Annexation Schedule.
Nocoaaa
TOTAL A.05
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Agenda No.6 .d
Agenda Item
APFV
ANNEXATION STUDWAM
Name and address
otQwner/developer. EDS, 5400 Legacy Drive, Plano Texas. 75024
Location and size: 96.85 acres abutting the city limits on Loop 288, north of Mingo
Road and west of and abutting Cooper Creek Road as shown on
site map. (See page 5, attachment #1)
Existing land use : Vacant
Surrounding land use: East- Single family, pasture
West- Vacant, pasture
North- Single family, pasture
South- Mingo Road and Railroad
Proposed development: Following annexation the owners intend to apply for permanent
zoning of the tract to accommodate a mixed use development to
include residential, commercial and retail uses.
Analysis:
EDS has petitioned the City requesting annexation of the tract into the City limits. The
Subdivision and Land Development regulations require staff to conduct an annexation study and
present the findings to the City Council for a determination to be made as to whether the City
should proceed with annexation. This analysis follows the guidelines as set out in Section 34-
35 (c) 1-5 of the code of ordinances.
(1) The ability of the City to furnish normal city services equal to other comparable areas
inside the city limits. Water and sewer system capabilities are considered, but lines for
individual areas are normally not the City's financial responsibility.
When development occurs in this area, the City will provide the following
services at the same level of service as are currently furnished to comparable areas
within the City.
A. Police services
B. Fire and EMS services
C. Water and waste water services in accordance with section 34-18 of the
code of ordinances
Attachment 41, page 1
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JIAJ-21-19% 14 02 CITY OF DENTON PLANNING ~ `
P.02i02
Agenda No.
Agenda Item
Date.- 2 p
D. Solid waste collection
E. Maintenance of streets and roads
F. Environmental health and code enforcement
G. Planning and development
H. Organized recreation and athletic programs
1. Miscellaneous street names and signs
Use of publicly owned facilities: libraries etc.
J. Capital Improvement program
(2) The reliability, capacity and future public cost, if any, of current and planned provisions
for community facilities such as roads, drainage, utilities etc. Private facilities will be
considered.
F.stimat d cOa c
A. Police services will be provided with existing resources
Average response time is estimated at 7.5 minutes $0.00
B, Fire and FMS services will be provided using existing resources
Site to be serviced from Stations #2 and #4. Average response
time is estimated at 5 minutes and less 50.00
C. Water and sewer services: The Developer will be required to
extend water and sewer lines to serve any proposed development.
The City may participate in the cost to oversize water and sewer
mains subject to funds availability and approval of City Council.
(1) An existing 12" water line extends to the N W corner
of Kings Row and Grants Pkwy abutting the NW
of this tract.
(2) An existing 18" gravity sanitary sewer line lows west on Kings Row.
Existing 10" gravity SS line flows south on Cooper Creek Road
and abutting property.
D. Solid waste collection will be extended to this site
using existing equipment and personnel. 50.00
E. Maintenance of streets and roads:
(1) Annual maintenance cost for Mingo Road is estimated
at approx. $3,000 to S5,000. $4,000.00
(2) Annual maiantenance cost for Cooper Creek Road is
estimated at approx. 51,000 to $2,000. 51,00042,000.
Ultimate rebuilding cost would be 530,000 to $40,000.
Attachment 01, Page 2
TOTPL P.02
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Agenda No.
Agenda Item
Dale
F. Environmental health and code enforcement will be provided using
existing resources $0.00
0. Planning and development services will be provided using
existing resources $0.00
H. Organized recreation and athletic programs will be provided
using existing resources $0.00
1. Miscellaneous services incl. the use of publicly owned facilities $0.00
J. Capital improvement program. The CIP plan will include
this area upon annexation. $0.00
Estimated annual total costs $14,000
3) The need and quality of land use and building controls. Private controls will be
considered.
Upon annexation zoning, land use development and building controls will be initiated in
accordance wit! he policies of the Denton Development Plan and other development
standards as required by the code of ordinances.
(4) Impact on City, both current and long range, including at a minimum
(a) Fiscal cost and benefits:
The developer will be required to address the infrastructure needs on this site at
the time of platting to include water, wastewater, drainage, access, perimeter street
improvements and sidewalks. The tract has a market value of approx. $850,000
and agriculture exemption appraised value of $22,158. If no development occurs
the city gets a minimal $120.00 tax benefit per year. If the tract is to be
developed in the short term, the net tax benefit could be sigtuficant.
(b) Traffic:
Since this tract has frontage on both sides of Loop 288 traffic generation is not
expected to be a problem.
(c) Infrastructure of roads, utilities and other community facilities:
Attachment 41, page 3
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AMIZ~
Date The developer will be required to comply with the Subdivision and Land
Development regulations with regard to the quality, size and type of roads, water
wid sewer services and other infrastructures and services to be provided.
(d) Safety or health:
The City codes and ordinances including land use zoning, environmental health
and code enforcement services will be applicable to the development of this tract
after annexation.
(e) Building and development quality:
The City codes and ordinances including the uniform building and fire codes will
be applicable to the tract after annexation.
(f) Aesthetic quality:
The aesthetic quality of land use development will be addressed at the time of
zoning and platting.
(g) Community character:
This issue will be addressed at the time of zoning and platting.
{5} Conformance with or need to ensure conformance with the officially adopted master
plans of the City.
Upon annexation of this tract zoning and land use development will need to
conform with the policies of the Denton Development Plan
Attachment 4 1, page 4
ANNEXATION A-72
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.,Venda No-91
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Date
ATTACHMENT #2
ANNEXATION STUDY
Name and address
of Owner/developer: B.F.E Systems, 5533 Blagg Road, Denton Texas 76208
Location and size: 29.115 acres located in Denton's extraterritorial jurisdiction
abutting the current city limits north of Blagg Road and
approximately 2000 feet east of Geesling Road. The tract is
platted and further described as lots 1-7, Block A, B. F. E Systems
Addition in the Morreau Forrest Survey Abstract # A 417. ( See
maps on pages 5 and 6, Attachment #2)
Existing land use : Lots 41 and #3 are currently occupied with single family homes.
Surrounding land use: East- Pasture, in city limits
West- Single family
North- Pasture, in city limits
South- Single family
Proposed development: Residential large lot subdivision is proposed. Planning and
Zoning Commission approved preliminary and final plats of lots I-
7, Block A, B. F. E Systems Addition. City Council approved
exaction variances regarding sidewalk and perimeter street paving
for the H.F. E Systems Addition on April 16, 1996.
Analysis:
The Subdivision and Land Development regulations require staff to conduct an annexation study
when single family developments over five lots are proposed, occurring or likely to occur in the
extraterritorial jurisdiction. The study including a preliminary assessment is to be forwarded to
the City Council for a determination to be made as to whether the City should proceed with
annexation. This analysis follows the guidelines as set out in Section 34.35 (c ) 1-5 of the code
of ordinances.
(1) The ability of the City to furnish normal city services equal to other comparable areas
inside the city limits. Water and sewer system capabilities are considered, but lines for
individual areas are normally not the City's financial responsibility.
i
A. Police services will be extended to the site upon annexation
1
.ltnda t40
Agenda Itim
B. Fire and EMS services Oa}e -
The tract is located 8 minutes response time from Station 42 at
Mockingbird and Mckinney. There is no water available at this location.
C. Water and waste water services in accordance with section 34-18 of the
code of ordinances
A 6" water tine exists approximately 6000 feet away at Mayhill Road.. A
sanitary sewer lift station is located at Audra Lane and Mayhill Road
approximately 5500 feet away.
D. Electric Service
The nearest City of Denton electric line is located approximately 2000 feet
at Blagg and Mayhill Road. The tract is currently served by TU electric.
E. Solid waste collection
Solid waste services will be made available to this tract.
F. Maintenance of streets and roads
Blagg Road is currently maintained by Denton County through an
interlocal agreement.
G
Environmental health, code enforcement and planning and development
services will be provided using existing resources.
H. Organized recreation and athletic programs
Cooper Creek Park is undeveloped but residents may use other recreation
and park facilities in the city,
1. Miscellaneous street names and signs {
Use of publicly owned facilities: libraries etc.
Current level of services will be extended to residents.
(2) The reliability, capacity and future public cost, if any, of current and planned provisions
for community facilities such as roads, drainage, utilities etc. Private facilities will be
considered.
A. Police services will be provided with existing resources
B. Fire and EMS services:
Higher average response time may be considered to negatively impact the city's
fire insurance rates over the long term.
Attachment #2, page 2
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kpenda No._
Agenda Item_
C. Water and sewer services: Dale
A 6" or 8" water line will be required to serve this development. The City's
master plan shows no waterline in that area. A 10"!12" gravity line with lift
station and force main system to be built beyond year 2000.
The developer will install individual water wells and septic tanks
D. Solid waste collection:
Solid waste services will be extended to the proposed development using existing
resources.
E. Maintenance of streets and roads:
(1) Blagg Road was recently reconstructed by the County and it is in good
condition. The County will continue to maintain Blagg Road under an existing
interlocal agreement and so annexation of Blagg Road is not necessary at this
time.
Repaving Blagg Road to city standards some time in the future could cost
approximately $70,000. B.F.E Systems was granted a variance on perimeter
street paving and sidewalk requirements.
(2) The proposed development will have little or no impact on natural drainage in
this area.
F. Environmental health and code enforcement will be provided using existing
resources.
0. Planning and development services will be provided using existing resources
H. Organized recreation and athletic programs will be provided using existing
resources
1. Miscellaneous services including the use of publicly owned facilities:
Library and other services will be made available at current levels of services
based on existing resources.
J. Capital improvement program, The C1P plan will include this area upon
annexation.
3) The need and quality of land use and building controls. Private controls will be
considered.
Attachment #2, page 3
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Agenda hem~
Date
Upon annexation zoning, land use development and building controls will be initiated in
accordance with the policies of the Denton Development Plan and other development
standards as required by the code of ordinances. The proposed large lot single family
development is consistent with the low intensity area policies in the Denton Development
Plan.
(4) Impact on City, both current and long range, including at a minimum
(a) Fiscal cost and benefits
The current appraised value of properties on this tract is approximately $376,342
with an estimated tax benefit of $2,035 per year.
(b) Traffic
The traffic to be generated by the proposed development is minimal.
(c } Infrastructure of roads, utilities and other community facilities
The developer will provide individual septic tanks and water wells. The County
has recently reconstructed Blagg Road and will continue to maintain under an
interlocal agreement.
(d) Safety or health
There is no major health or safety concerns. The City will extend police, fire
and EMS services to !'Ne development upon annexation.
(e) Building and development quality
Upon annexation all building and land development activities must conform with
the policies of the Denton Development Plan and other development standards as
contained in the City codes of ordinances.
(f) Aesthetic quality
The general area is essentially rural in character and low density large lot single
family development is consistent with maintaining that quality.
(g) Community character
Upon annexation the City's code of ordinances will help to preserve and maintain
the neighborhood character.
(5) Conformance with or need to ensure conformance with the officially adopted master
plans of the City.
Upon annexation of this tract, zoning and land use development will need to
conform with the policies of the Denton Development Plan
Attachment 42, page 4
s,
Agenda No.
Agenda Item- B. F• E. SYSTEMS ADDITION
Date
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GRAPHIC SCALE ANDMARK (417) $92-1010
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Agenda No.
Agenda Item
Date
ATTACHMENT #3
ANNEXATION STUDY
Name and address
of Owner/developer: Tom Jester, P. O. Box 280, Denton Tx. 76201
Location and size: 29.046 acres located in Denton's extraterritorial jurisdiction
abutting the city limits on the northeast comer of FM1830 and
Hickory Hill Road as shown on attached site map( See attachment
#3, page 5)
Existing land use : Vacant
Surrounding land use: East- Single family
West- Single family, FM ' 830
North- Single family
South- Single family, Hickory Creek Road
Proposed development: Residential large lot subdivision is proposed. Planning and
Zoning Commission approved preliminary and final plats of lots I-
12, Block A, Hickory Crossing addition. (Attachment 43, page 6)
City Council approved exaction variances regarding drainage
design standards, street access, road specifications and sidewalk for
the Hickory Crossing Addition on April 16, 1996.
Analysis:
The Subdivision and Land Development regulations require staff to conduct an annexation study
when single family developments over five lots are proposed, occurring or likely to occur in the
extraterritorial jurisdiction. The study including a preliminary assessment is to be forwarded to
the City Council for a determination to be made as to whether the City should proceed with
annexation. This analysis follows the guidelines as set out in Section 34.35 (c ) 1-5 of the code
of ordinances.
(1) The ability of the City to furnish normal city services equal to other comparable areas
inside the city limits. Water and sewer system capabilities are considered, but lines for
individual areas are normally not the City's financial responsibility.
A. Police services:
Police services will be extended to this tract using existing resources with
an estimated average response time of 11.12 minutes
Attachment #3, page 1
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Agenda Item
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B. Fire and EMS services
The tract is located 10-12 minutes response time from Station #3 at
McCormick and I-35.
C. Water and waste water services in accordance with section 34.18 of the
code of ordinances
A 12" water line exists approximately 4000 feet away at the south end of
Montecito Drive. A 27" gravity sanitary sewer line exists approximately
7000 feet away at Hickory Creek Road.
Water will be provided to the proposed development by the Argyle Water
Corporation. Individual septic tanks are proposed for each residential
lot.
D. Electric Service
The nearest electric line is located several miles away on US Hwy 377.
The City cannot provide electric service to this site,
E. Solid waste collection
The proposed development is physically isolated from the current service
area. Extending solid waste services to this tract will incur higher costs
than revenues to be collected.
F. Maintenance of streets and roads
FM 1830 including drainage structures are maintained by the State.
Maintenance of 1000 feet on hickory Hill Road is estimated at $3,000 per
year. Drainage will be adequately handled by existing natural creeks.
0. Environmental health, code enforcement and planning and development.
Services may be provided using existing resources.
H. Organized recreation and athletic programs
Southlakes Park is the nearest facility located over 4 miles away, Denia
is approximately 51/2 miles away.
1. Miscellaneous street names and signs
Attachment 43, page 2
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Agenda Mo. Lf~
Agenda item
oate
Use of publicly owned facilities: libraries etc.
Current level of services will be made available to residents.
(2) The reliability, capacity and future public cost, if any, of current and planned provisions
for community facilities such as roads, drainage, utilities etc. Private facilities will be
considered.
A. Police services will be provided using existing resources. Average response
time is estimated at 11. 12 minutes.
B. Fire and EMS services will be provided using existing resources. Higher average
response time may be considered to negatively impact the city's overall fire
insurance rates.
C. Water and sewer services:
Water will be provided to this tract by the Argyle Water Corporation. Residential
lots will be served by individual septic tanks. The City utility department has no
plans at this time to serve this area with water.
D. Solid waste collection will be extended to this site using existing equipment and
personnel.
E. Maintenance of streets and roads:
FM 1830 is currently maintained by the State. Maintenance of 1000 feet on
Hickory Hill Road is estimated at $3,000 per year.
F. Environmental health and code enforcement will be provided using existing
resources
0. Planning and development services will be provided using existing resources
H. Organized recreation and athletic programs will be provided using existing
resources
1. Miscellaneous services including the use of publicly owned facilities:
Library and similar services will be made available at current levels of service.
J. Capital improvement program. The CIP plan will include this area upon
annexation.
3) The need and quality of land use and building controls. Private controls will be
Attachment #3, page 3
4
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Agenda No,
Agenda Item
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considered. Date
Upon annexation, zoning, land use development and building controls will be initiated in
accordance with the policies of the Denton Development Plan and other development
standards as required by the code of ordinances.
(4) Impact on City, both current and long range, including at a minimum
(a) Fiscal cost and benefits
The current appraised value of this tract is approximately $321,240 allowing for a
potential tax benefit of about $1,730 per year. Assuming that all lots are
developed in five years (with an estimated $150,000 appraised value per unit) the
potential tax benefit is estimated at approximately $9,736.00 per year.
This tract is physically isolated from most city services and the
estimated average response time for police, fire and EMS are higher.
The higher average response time may be considered to negatively impact the fire
insurance rates for the city. The cost of extending solid waste collection services
will be higher than potential revenues.
(b) Traffic
The traffic to be generated by the proposed development is minimal.
(c) Infrastructure of roads, utilities and other community facilities
FM 1830 is currently maintained by the State. Maintenance of 1,000 feet on
Hickory Hill Road is estimated at $3,000.
(d) Safety or health
There are no major health or safety concern at this time.
(e) Building and development quality
This is not a major concern at this time
(f) Aesthetic quality and community character
Large lot single family development will not detract from the existing aesthetic
quality and community character of the general area.
(5) Conformance with or need to ensure conformance with the officially adopted master
plans of the City.
If this tract is annexed into the city, future zoning and land use development will
need to conform with the policies of the Denton Development Plan
Attachment #3, page 4
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AgendaNo. - HICKORY CROSSING
Aflend Item
Date
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3
Agenda No. 76 na (A
Agend Item
Date w •
ATTA NT # 4
LST DY
Name and address
of Owner/developer: Tyron Development, 800 Hudson Bay Court, Lewisville, Texas,
75057
Location and size: .
110 acres located in Denton's extraterritorial jurisdiction abutting
theycurr80ent city limits on the south east comer of FM 156 and US
Hw3
. The tract is shown on a preliminary
Estates approved by Planning and Zoning Coission on May 22,
1996 ( See location map and plat on pages 6 and 7, Attachment #
4)
Existing land use : One single family home located on lot 3, Blk. B, with remainder of
tract vacant.
Surrounding land use: East- Vacant, pasture
West- FM 156 and Railroad
North- US Hwy 380
South- Vacant, agriculture
Proposed development: Residential large lot (one acre and larger) and commercial
development is proposed. Planning and Zoning Commission
approved the General Development Plan and preliminary plat
showing 71 residential lots and 15.5 acres proposed for
Analysis: commercial uses to be developed in four pha.°es. (Attachment #2)
{
The Subdivision and Land Development regulations require staff to conduct an annexation study
when single family developments over five lots are proposed, occurring or likely to occur in the
extraterritorial jurisdiction. The study including a preliminary assessment is to be forwarded to
the City Council for a determination to be made as to whether the City should proceed with
annexation. This analysis follows the guidelines as set out in Section 34-35 (c ) 1.5 of the code
of ordinances.
(1) The ability of the City to furnish normal city services equal to other comparable areas
inside the city limits. Water and sewer system capabilities are considered, but lines for
individual areas are normally not the City's financial responsibility.
A. Police services
Attachment # 4, page i
R
E
Agenda ND.
Agend Item
Date
Police services will be provided at current levels using existing resources
B. Fire and EMS services
Fire and EMS services may be provided with an estimated average
response time of 10 - 12 minutes from Station #5 located at Bonnie Brae
and Windsor Drive.
C. Water and waste water services in accordance with section 34-18 of the
code of ordinances
There are uo water lines or sanitary sewer lines at or in close proximity to
this tract. A 12" water line exists approximately 16,000 feet away at US
Hwy 380 and Cindy Lane. A 10" gravity sanitary sewer line exists at US
Hwy 380 and Cindy Lane.
D. Electric Service
The nearest City of Denton electric line is located approximately 1.4 miles
away on Jim Christal. The City will provide electric services
if and when development occurs.
E. Solid waste collection
Solid waste services will be made available to this tract. It is estimated
that additional equipment and personnel will be required to extend solid
waste services when this tract is ultimately developed.
F. Maintenance of streets and roads
US Hwy 380 is currently maintained by the State and the developer will be
required to improve Nail Road as development occurs.
G. Environmental health, code enforcement and planning and development
services will be provided using existing resources.
H. Organized recreation and athletic programs
The Northlakes facility is approximately 5.5 miles from this site
1. Miscellaneous street names and signs
Use of publicly owned facilities: libraries etc.
Attachment # 4, page 2
Y
E
Agenda No._
Agenda Item
Date
Current level of services will be extended to residents.
(2) The reliability, capacity and future public cost, if any, of current and planned provisions
for community facilities such as roads, drainage, utilities etc. Private facilities will be
considered.
A. Police services will be provided with existing resources and as development
progresses additional resources may be required
B. Fire and EMS services:
The high average response time may be considered to negatively impact the city's
overall fire insurance rates over the long term. There is no water on site.
Developer proposes to install a private water system to serve the area.
C. Water and sewer services:
A 12" water line and a 10" sanitary sewer line are proposed to be built beyond
year 2000. The developer will install a private water system and individual septic
tanks to serve the proposed development.
D. Solid waste collection:
Solid waste services will be provided upon annexation. As development
progresses additional equipment and personnel will be required.
E. Maintenance of streets and roads:
(1) US Hwy 380 is currently maintained by the State
(2) Nail Road is currently in poor condition. However, as development occurs
the developer will be required to improve the road so that immediate maintenance
will not be necessary.
(2) Drainage needs will be addressed by the developer as development occurs.
F. Environmental health and code enforcement will be provided using existing
resources.
G. Planning and development services will be provided using existing resources
H. Organized recreation and athletic programs will be provided using existing
resources. The Northlakes facility is approximately 5.5 miles from this site
1. Miscellaneous services including the use of publicly owned facilities: Library and
other services will be made available to residents at current levels of service.
Attachment #4, page 3
a
F
Y
Agenda i4o.
Apsnd Item
J• Capital improvement program. The CIP plan will include this0aiea 4
annexation. n
3) The need and quality of land use and building controls. Private controls will be
considered.
If this tract is annexed into the city, zoning, land use development and building controls
will be initiated in accordance with the policies of the Denton Development Plan and
other development standards as required by the code nf ordinances.
(4) Impact on City, both current and long range, including at a minimum :
(a) Fiscal cost and benefits
This tract is physically isolated from the current service area of the city. The
higher estimated average response time for fire and EMS services may negatively
impact the city's fire insurance rates overtime, The tract is vacant and has an
agriculture exemption appraised value of $19,081. There is no fiscal benefit to
the City to proceed with annexation in the short term. However, as
development progresses on this tract it will become more difficult to initiate
annexation proceedings as new property owners will oppose city annexation
efforts.
(b) Traffic
Traffic is not a major concern considering the proposed residential development.
(c) Infrastructure of roads, utilities and other community facilities
The developer will be required to improve Nail Road at the time of development.
(d) Safety or health:
No major concerns at this time
(e) Building and development quality
US Hwy 380 is a major entranceway to the City. Substandard building
development may include metal buildings with signage and landscaping not
designed in accordance with applicable City regulations.
(f) Aesthetic quality and community character.
Low density single family development is consistent with the policies of the
Denton Development Plan (DDP) and will not detract from the essentially rural
character of this general area. However, the design and layout of the
commercial tract abutting US Hwy 380 may not be consistent with Development
policies and standards.
f
Attachment t14, page 4
4
b
r
Agenda No. 9
Agenda Item toilr%
Date
(5) Conformance with or need to ensure conformance with the officially adopted master
plans of the City.
If this tract is annexed into the city, zoning and land use development will need to
conform with the policies of the Denton Development Plan
Attachment #4, page 5
%enda No.
Aq;O Item PRING HILL ESTATES
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GENERAL DEVELOPMENT PLAN
of o total of 110.03 Acres 81
Phase I Preliminary Plat of 42,2 Acres
SPRING HILL ESTATES
Uterlo Allen Survey, Absl. lo t4, and R I;
the E F Anderi n SuFYey, Abet. / 16 MIyj,U
DIYIS1on One ETJ, Denton County, Te,osIFL.. n.,rn"L
F
,,inda No. 96 v
Agend Item
DRAFT ANNEXATION SCHEDI HE
June 25, 1996 City Council receives a report and give direction to staff with regard
to the proposed annexation.
July 2, 1996 City Council considers approval of a schedule for public hearings.
July 26, 1996 Notice published in Denton Record Chronicle for first public hearing.
Service plan is prepared.
August 6, 1996 City Council holds first public hearing.
August 9, 1996 Notice published in Denton Record Chronicle for second public
hearing.
August 20, 1996 City Council holds second public hearing.
August 28, 1996 Planning and Zoning Commission holds a public hearing and
consider making a recommendation to the City Council with regard
to the proposed annexation.
SAplembet 101996 ('itv Conneit institute` ann xation F1rst_ Reading of Annp*a+;,,,,
ordinance.
September 13, 1996 Publication of Annexation ordinance in Denton Record Chronicle.
October 15, 1996 Final action by City Council. Second reading and adoption of
the Annexation ordinance.
Meetings in bold require 6 out of 7 votes at City Council
City Council special meeting underlined
I
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Ajeedi NO. 6
I
Agenda item S I-:)
. Date !o 02 S' -9~0
CITY OF DENTON MUNICIPAL UTILITIES • 901-A TEXAS STREET DENTON. TEXAS 76201
MEMORANDUM
z'
To: Ted Benavides, City Manager
FROM: R. E. Nelson, Director of Utilities
DATE: June 21, 1996
SUBJECT: BROCRIE PROPERTY ACQUISITION
The Council has purposed the purchase of 12 acres from James L.
Brockie. The 1.82 acres of the 12 acre purchase is required for
the offsite drainage detention associated with the landfill
expansion. Mr. Brockie, current owner, has verbally agreed to
accept the Council's offer and sell the northern 12 acres of his 60
acre tract to the City.
To date, the City has been unable to get a signed contract for this
acquisition. At this point, staff is requesting authorization to
proceed with condemnation of the 1.82 acre site. However, the
staff will continue to pursue the acquisicion of the 12 acre
(buffer).
i ~
The City Council resolution authorizing the condemnation of the
drainage detention site is needed to support information submitted
in the landfill permit application and to satisfy property concerns
of the Texas Natural Resource Conservation Commission.
"Dedicated to Quality Service"
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all.
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DENTC)j*,1 COUNTY1 re xnIS
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!:\vpdoaa\ord\br"kLe.ord
.Agenda No.
Agend Ile
Date.
ORDINANCE NO.
AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT
PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF
A FEE SIMPLE INTEREST IN 1.822 ACRES OF LAND LOCATED IN THE GIDEON
WALKER SURVEY, A-1330, OWNED BY JAMES L. BROCKIE; AUTHORIZING THE
CITY MANAGER OR HIS DESIGNEE TO MA.XE AN. OFFER TO PURCHASE THE
PROPERTY FOR ITS FAIR MARKET VALUE AND IF SUCH OFFER IS REFUSED,
AUTHORIZING THE CITY ATTORNEY TO INSTITUTE THE NECESSARY
PROCEEDINGS IN CONDEMNATION IN ORDER TO ACQUIRE THE PROPERTY
NECESSARY FOR THE PUBLIC PURPOSE OF ACQUIRING SUCH PROPERTY FOR THE
EXPANSION OF THE CITY'S LANDFILL; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, it is hereby determined that a public necessity
exists and that public welfare and convenience hereby requires the
acquisition of a fee simple interest in the hereinafter described
land for the public purpose of acquiring such property for the
expansion of the City's landfill and that the City of Denton should
acquire said property necessary for said purpose; and
WHEREAS, the hereinafter described property is owned by James
L. Brockie; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION I. That public necessity exists and public welfare
and convenience require the acquisition of a fee simple interest in
the hereinafter described land for the public purpose mentioned
below.
SECTION II. That the City Manager or his designee is hereby
authorized and directed to make an offer for the property to the
owners of said hereinafter described property, based on just
compensation recommended by an independent appraisal prepared at
the City Manager's direction.
SECTION III. That in the event the offer as described it
Section II.is refused by the owners of said property, the City
Attorney is hereby authorized and directed to file the necessary
condemnation proceedings or suit and take whatever action that may
be necessary against James L. Brockie to acquire a fee simple
interest in 1.822 acres of land located in the Gideon Walker
Survey, A-1330, for the public purpose of acquiring such property
for the expansion of the City's landfill upon the land more
particularly described as follows:
All that certain portion of land lying and being situated in
the City of Denton, Denton County, Texas, described in Exhibit
"A" attached hereto and made a part hereof for all purposes,
to which reference is here made for a more particular
description.
Agenda No.
Agenda Item
Date ~e
I
SECTION IV. That if it should be subsequently determined that
additional parties other than those named herein have an interest
in said property, then in that event the City Attorney is
authorized and directed to join said parties as Defendants in said
condemnation.
SECTION V. That this ordinance shall become effective
immediately upon its passage and approval:
PASSED AND APPROVED this the day of , 1996.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
Page 2
c
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' Agenda No.
EXHIBIT "A" Ageod Item
Date
ALL that certain lot, tract, or parcel of land situated in the
Gideon Walker Survey A-1330, Denton County, Texas being part of a
(called) 61.67 acre tract described in a deed from Midway
Corporation to James L. Brockie, recorded in Volume 2903, Page 0169
Real Property Records and being more particularly described as
follows;
BEGINNING at the northwest corner of said Brockie tract;
THENCE south 860 53' 00N east with a fence 325.92 feet to the
northwest corner of a tract shown by deed to the City of Denton
from Wm. D. Smiley recorded in Volume 1213, Page 910 Deed Records;
THENCE south 250 40' 00" west with the westerly line of said City
of Denton tract 324.83 feet to a point for corner;
THENCE north 860 53, 00" west a distance of 203.10 feet to a point
in the west line of said Brockie tract;
THENCE north 30 271 00" east with the west line of said Brockie
tract 300.0 feet to the Point of Beginning and containing 1.822
acres of land., more or less.
Agenda No.gs¢~--~0--
Agenda Item SS #-s
Date 0 015'-r1
CITY OFDENTON, TEXAS MUNICIPAL BUILDING DENTON, TEXAS 76201 TELEPHONE 817-566-M
Office of the City Secretary
MEMORANDUM
t
DATE: June 21, 1996
f
TO: Mayor and Members of the City Council
FROM: Jennifer Walters, City Secretary
SUBJECT: Board/Commission Nominations
Attached is an updated list of the nominations made to the Cityfs
Boards/Commissions at the June 18, 1996 meeting. These nominations
are ready for Council approval.
Please let me know if you require any further information.
Je fer lters
C Sec etary
ACCOOOF4
'Dedicated to Quality Sends"
G
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A~Eaoa N0. ~ ~~p
BOARD/COMMISSION NOMINATIONS Agenda Item
I_ . o
1996-97 Dale
AZRPORT ADVISORY BOARD
Plat CURRENT MEMBER NOMINATION Tim 9Q U=
7 John Dulemba Terry Garland 1994-96 Miller
3 Don Smith 1994-96 Biles
4 James Jamieson 1994-96 Cott
5 Jim Risser Jim Risser 1994-96 Beasley
ANIMAL SHELTER ADVISOR BOARD
DIST CURRENT MEMBER NOMINATION TERM COUNCIL
2 Joella Orr 1994-96 Krueger
BOARD OF ADJUSTXZKT
D= CURRENT MEMBE$ NOMINATION COUNCIL
5 Rebecca King 1994-96 Beasley
3 Bob Hagemann 1994-96 Biles
4 Joe Bendzick 1994-96 Cott
2 Larry Collister 1994-96 Krueger
BUILDING CQRU lg=
D= CURRENT MEMBER Sim COUNCIL
3 James Fykes (ALT) 1994-96 Biles
4 Byron Woods (ALT) 1994-96 Cott
5 Steve Kniatt Steve Kniatt 1994-96 Beasley
6 (Mary McCain) Mary McCain
1994"96 Brock
(Architect)
7 Greg Muirhead Ken Dobias 1994-96 Miller
* Individual nominated and approved
No * Individual nominated but not approved
No nomination
4
St
a
T
Agenda No. /02
AQend Item
"
CABLETV ADVI60RY HOARD Oatel
QT CURRENT MEMBER NOMINATION TERM COUNCIj~
5 Mark Burroughs Mark Burroughs 1993-96 Beasley
2 Richard Rodean 1993-96 Krueger
CITY DEVBLOPKaNT 71DVISORY COMMITTBB
DIST CURRENT MEMBER 'NOMINAMN
TERM COUNCIL
5 Dorothy Martinez 1994-96 Beasley
6 Peggy Fox Peggy Fox 1994-96 Brock
7 Jean Ellen Rogers Jean Ellen Rogers 1994-96 Miller
3 Larry Bailey 1994-96 Biles
5 Ann Hatch Ann Hatch 1994-96 Beasley
DAn PROCISOING VTSORY jjOARD
DIST CURRE_NT_ MEMBER NOAtINATzON TERM COUNCIL
2 Rosa Lavton 1994-96 Krueger
3 Bruce Mitchell 1994-96 Biles
4 Renae Seely 1994-96 Cott
09YNTOWN ARYI8ORY BO an
I
DIST CURRENT MEMB.R NOMINATION TF8k4 COUNCIL
3 Geneva Berg
1994-96 Biles
4 Joanna Deonath 1994-96 Cott
5 Joy Williams Joy Williams 1994-96 Beasley
6 Michael Flanagan 1994-96 Brock
7 Rahna Rar.ey Bette Sherman 1994-96 Miller
* Individual nominated and approved
No * Individual nominated but not approved
No nomination
N
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Ai;enAUM AgenCI
4ate `
ELECTRICAL CODE BOARD
DIST CURRENT MEMBER NOMINATION TERM COUNCIL
3 (John Hardinger) 1994-96 Biles
(Master Electrician)
4 Don Fox 1994-96 Cott
1 Robert Hicks (ALT) 1994-96 Young
EISTORIC LANDNARX CQUISSION
DIST CURRENT MEMBER NOMINATION Bt1 COUNCIL
3 (Kenneth Morgan) 1994-96 Biles
(Real Property Owner)
7 Judy Cole 1994-96 Miller
2 Jim Kirkpatrick 1994-96 Krueger
NUXAN SERVICES COMMITTEE
DIST CURRENT MEMBER NOMINATION TERM COUNCIL
6 Pat Muro 1994-96 Brock
7 Diana Briggs Carol Brantley 1994-96 Miller
2 Kevin Miller 1994-96 Krueger
4 Sandy Kristoferson 1994-96 Cott
REEP DENTON B QT ruL BO D
DST CURRENT MEMBER NOMINATION TERM COUNCIL
1 Mabel Devereaux 1994-96 Young
6 Gayla Robles Gayla Robles 1994-96 Brock
7 Vera Laney Vera Laney 1994-96 Miller
3 Fjola Jeffries 1994-96 Biles
4 Bill Watson 1994-96 Cott
Individual nominated and approved
No * Individual nominated but not approved
No nomination
Y
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40nda No. ~ D!~
apend~ _Ite~m ..33----
LIBRARY BOARD
DIST CURRENT MEMBER NOMINATION TERM COUNCIL
i 7 Kjell Johansen Kjell Johansen 1994-96 Miller
3 Kathy Pole 1994-96 Biles
4 Ema Ruth Russell 1994-96 Cott
! PARRO AND RECREATION BOARD
DIST CURRENT MEMBER NOMINATION TE COUNCIL
7 Tom Judd Annie Burroughs 1994-96 Miller
2 Loyce Wilson 1994-96 Krueger
PLANNING AND SONING COMMISSION
DIST CURRENT MEMBER NOMINATION g2~ COUNCIL
3 Mike Cochran 1994-96 Biles
5 Ellen Schertz Ellen Schertz 1994-96 Beasley
6 Katie Flemming 1994-96 Brock
PLMIDINO AND KSQN.A 1Ic_AL COD$ BOARD
DIM CURRENT MEMBER NOMINATION TERM COUNCIL
5 Millard Heath Millard Heath 1994-96 Beasley
(Mechanical Contractor)
6 Lee Capps Lee Capps 1994-96 Brock
(Layman)
1 (Jeff Peploe) 1994-96 Young
(Master Plumber)
PUBLIC UTILITINO BOARD
DIST CURRENT MEMBER PAINATION TERM COUNCIL
5 Bill Giese Bill Giese 1992-96 Beasley
* Individual nominated and approved
No * Individual nominated but not approved
No nomination
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agenda No.
W
Agenda item
BIGN BOARD OF APPMS Oate
DIST CURRENT MEMB R N0MINATIO TERM COUNCIL
1 Spencer Washington 1994-96 Young
3 Ann Houston (ALT) 1994-96 silos
7 Mike Wiebe Mike Wiebe 1994-96 Miller
TRAFFIC BAFETY CONI[IBBION
DIST CURRENT MEMBER NOMINATION T.$$M COUNCIL
6 Greg Sawko Greg Sawko 1994-96 Brock
1 Kathy Devine 1994-96 Young
2 Derrick Hartsfield 1994-96 Krueger
3 Mark Coomes 1994-96 Biles
4 Larry Luce 1994-96 Cott
CIVIL BRRVICE Coxxxog ION
fim CURRENT MEMBER NOMINATION TE$M
2 Dennis Stephens Dennis Stephens 1993-96 City
Mgr.
DENTON ROU91HO AUTHORITY
T CURRENT M ER NOMINATION TERM
1 Tony Soto Tony Soto 1994-96 Mayor
I
2 Bob Crouch Bob Crouch 1994-96 Mayor
THPA BOARD OF DIRECTORS
$EAT CURRENT MEMBERLIOMINATION TERM
0 Tom Harpool 1994-96 Council
ACCO0128
* Individual nominated and approved
No * Individual nominated but not approved
No nomination
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Agenda No._ 9 _o~L..
Agenda Item__Stc~
oate (V
CITY OF DENTON, TEXAS MUNICIPAL BUILDING DFN7pN, TEXAS 76201 • TELEPHONE 817-566-8309
Office of the City Secretary
MEMORANDUM
DATE: June 20, 1996
TO: Mayor and Members of the City Council
FROM: Jennifer Waiters, City Secretary
SUBJECT: Board/Commission Nomination Process
On May 4, 1993, the City Council approved Ordinance 93-073 which revised
the nomination procedures for appointing board/commission members. At
that time, Council drew lots to determine which city council Member's
place would begin the assignment process. Mayor Castleberry drew the
lowest number and his place was matched with the first citizen board,
the Airport Advisory Board. City Council Members were assigned
corresponding board members in numerical order of City Council place.
The boards/commissions which did not have seven members were continued
in numerical order of next City Council Member's place. Therefore, City
Council Members might not have a nomination on some boards but have more
than one nomination on other boards.
A comparison of the number of nominations from last year to this year
shows.,
PLACE LAST YEAR THIS YEAR
1 14 5
2 12 8
3 7 13
4 10 10
5 10 10
6 11 8
7 10 10
The City's boards/commissions were established by a variety of
means - ordinance, resolution, City Charter and State legislation.
The following is a brief history of each board/commission:
Airport Advisory Board - established by resolution in 1969.
Animal Shelter Advisory Board - established by State legislation in
1989. Minimum State membership requirements are for four members.
The City Board currently has five members but could be increased if
desired.
"Dedicated to Quuliry Service"
7
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Agenda Hem
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Board of Adjustment - established by Charter. Amended in 1994 to
clarify terminology and procedures relating to the Board.
Building Code Board - established in conjunction with Uniform
Building Code.
Cable Television Advisory Board - established in 1978 by ordinance
78-21.
Community Development Advisory Committee - established in 1978 by
resolution. Amended in 1993 to change name of board from Community
Development Block Grant Committee.
Data Processing Advisory Board - established in 1982 by ordinance
82-09 with a "sunset" clause for 1984. In 1984 was established as
a standing board.
QQantown Advisory Board - established in February of 1991 by
Ordinance 91-021 and amended in May of 1991 by Ordinance 91-071 to
allow one ex-officio member to be a non-resident. Amended again in
December of 1995 by Ordinance 95-259 to eliminate the ex-officio
positions.
Electrical Code Board - established in 1972 by Ordinance 72-39.
Historic Landmark Commission - established in 1980 by Ordinance 80-
30.
Human Services Q mittee - established in 1978 by Ordinance 78-11
and amended in 1989 to change name of board from Human Resources
Committee.
Keep Denton Beautiful - established in 1991 by ordinance 91-031 and
amended by ordinance 92-093 to change name from Beatification
Advisory Commission.
Library Board - established in 1984 by Ordinance 84-162.
Parks and Recreation Advisorv Board - established by Charter.
Planning and Zoning commission - established by Charter.
Plumbing and Mechanical Code Board - established in 1981 by
ordinance 81-20.
Public Utilities Board - established by Charter.
Sign Board of Appeals - established in 1990 by Ordinance 90-182.
Traffic Safety Commission - established in 1973 by resolution and
amended in 1993 to change name from Citizens Traffic Safety
Commission.
aDenda No.L6
Agend item
ate
sfuo
Below is a summary of the number of members, enablin
g authority,
and status of Council appointments for each board/commission:
NAME NUMBER OF ENABLING COUNCIL APPOINTMENTS
MEMBERS AUTHORITY
Airport Board 7 Resolution All
Animal Shelter 5 Ordinance Beasley & Brock - no
appointment
Board of 7 Charter All
Adjust.
Building Code 7 ordinance All
Cable T. V. 5 Ordinance Biles & Cott - no
appointment
Comm. bevel. 9 Resolution Beasley & Brock - 2
appointments
Data 5 Ordinance Beasley & Brock - no
Processing
appointment
Downtown 11 Ordinance Young, Beasley, Brock &
Advis. Miller - 2 a
ppointments
Electrical 7 Ordinance All
Code
Historic 9 Ordinance Krueger & Bites - 2
Landmark
appointments
Human Sev,ices 11 Ordinance Cott, Beasley, Brock &
Miller - 2 appointments
Keep Beautiful 11 Ordinance Young, Krueger, Biles &
Cott - 2 appointments
Library 7 Ordinance All
Parks & Rec. 5 Charter Biles & Cott - no
appointment
Planning 7 Charter All
Plumbing 7 Ordinance All
PUB 5 Charter Young & Krueger - no
appointment
Sign Board 7 Ordinance All
Traffic Safety 9 Resolution Biles & Cott - 2
appointments
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Agen Item
pate
Three boards/commissions were not included in the above chart as
they have special considerations. The civil service Commission
members are nominated by the City Manager and approved by the City
Council. The Denton Housing Authority members are appointed by the
Mayor. Members on the TMPA Board of Directors are a consensus of
the entire council.
Please let me know if you require any further information.
r q4hnif,.F-Walters
e~eity S retary
ACCO0317
s
i
Agenda No, 96-Doz
Agenda llem. _ 91-
Date -
CITY of DENTON, TEXAS MUNICIPAL BUILDING • 215 E MCKINNEY • DENTON, TEXAS 7620f
MEMORANDUM (817) 566.8200• DFlNMETRO 434.2529
DATE: June 21, 1996
TO:
Mayor and Members of the City Council
FROM: Ted Benavides, City Manager
SUBJECT: County Development District
$ECOMMF~n ~ T~~~
The Denton County Commissioners have requested the City of Denton and Denton Independent
School District support the creation of a County Development District around the Texas
Instruments facility. The Denton Independent School District Board of Directors is considering a
similar resolution at their June 25, 1996, meeting. Staff recommends approval of the resolution
supporting a County Development District for the purpose of promoting economic development.
This action will provide significant incentives for the location of a major user for this facility.
SMIMARL
Texas Instruments, Inc., petitioned the Denton County Commissioners to create a County
Development District (CDD). The boundaries of the CDD include only that Property
Texas Instruments. The Purpose of a CDD is to further the public purpose v o ng a d by
diversifying the economy by providing incentives for the location anel p dmentof projects
that attract visitors and tourists and that result in employment and economic activity.
n•
The Commissioners Court of any Texas County with a population of 400,000 or less may create
County Development Districts (CDD's) upon petition of the owners of all the land within the
CDD. No city consent is required, If the petitioners persuade the Commissioners Court that the
CDD will "serve the public purpose of attracting visitors and tourists to the county," the
Commissioners Court will create the CDD after a hearing and appointment of five temporary
directors.
"Dedicated to Quality Service"
Agenda ND.
Agenda Item
Date June 21, 1996
Page 2
The temporary board of directors will then call an election within the boundaries of the CDD for
the confirmation of the creation of the CDD and the imposition of a sales tax of up to 1/2 of one
cent. If the election passes, the members of the Board of Directors will become permanent
directors and serve four-year, staggered terms. The Commissioners Court appoints successor
directors and may remove a director on petition by a majority of the remaining directors. The
directors receive no compensation and must be qualified voters within the county in which the
CDD is located.
A County Development District has the following powers:
1. The power to "...acquire and dispose of projects..."
2. The power to "...provide for general promotion and tourist advertising of the district and
its vicinity and to conduct a marketing program to visitors..."
3. The powers "...of a municipal management district created under Chapter 375, Local
Government Code..." which are not inconsistent with the CDD Act.
4. "...all of the other power, authority, rights and duties which will permit accomplishment
of the purposes for which the district was created..."
5. The CDD may impose a hotel occupancy tax not to exceed 7% on a hotel room located
within a CDD but outside a municipality.
6. The CDD may issue bonds and pledge the sales and use tax and other revenues available
to the CDD. The bonds may be issued to pay all or part of the cost of the project, to pay
administrative and operating expenses, to create reserve funds for the bonds, and to pay
all issuance costs of the bonds. In addition, the CDD is authorized to borrow money for
any corporate purpose.
'Be CDD's sales and use tax may not cause the combined rate of all local sales and use taxes
within the CDD to exceed 2%. If a municipality adds a sales and use tax to the territory within a
CDD, which would cause the combined sales and use tax to exceed 2%, then the CDD's tax is
reduced so that the combined tax will equal 2%. However, to the extent that the CDD has
pledged its sales and use tax to the repayment of bonds, then the municipality must pay the CDD
the amount the CDD would have collected prior to the imposition of the municipality's sales and
use tax. These payments continue until the bonds of 'he CDD are paid.
If you have any questions, please let me know.
Ted Benavides
City Manager
F:\WPD0CS\AES\T1AES Q/ O
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Agenda Item
Date
RESOLUTION N0.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
RECOMMENDING THE CREATION OF A COUNTY DEVELOPMENT DISTRIt.'T BY
DENTON COUNTY PURSUANT TO CHAPTER 33.2, TEXAS TAX CODE RELATING TO
APPROXIMATELY 285.67 ACRES WITH THE TEXAS INSTRUMENTS ADDITION, LOT
1, BLOCK 1 OF THE CITY OF DENTON FOR THE PURPOSE OF PROMOTING
ECONOMIC DEVELOPMENT; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, a Petition is being submitted to the Denton County
Commissioners Court requesting the creation of a County Development
District pursuant to the provisions of Chapter 312, Texas Tax Code,
as amended, over two (2) tracts of land (a parcel north of Loop 288
consisting of approximately 96.091 acres and a parcel south of Loop
288 consisting of approximately 189.583 acres) within the city
limits of the City of Denton; and
WHEREAS, the City Council of the City of Denton has determined
that the creation of the County Development District over the two
(2) tracts of land within the City of Denton generally described as
Texas Instruments Addition, Lot 1, Block 1, will be beneficial to
the economic development of the City of Denton; NuW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION I. The proposed Denton County Development District
No. 1 would be beneficial to the economic development of the City
of Denton.
SECTION II. The Denton County Commissioners Court is specifi-
cally requested to give favorable consideration to the creation of
the proposed Denton County Development District No. 1 within the
boundaries generally described as Texas Instruments Addition, Lot
1, Block 1 of the City of Denton.
SECTION III. That this resolution shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of ,
19
JACK MILLER, MAYOR
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Agenda "Im
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY A'4 Gc C'~
PAGE 2
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