HomeMy WebLinkAbout2016-04-12 Agenda with Backup
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City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 16-473,Version:1
Agenda Information Sheet
DEPARTMENT:Engineering Services
CM/ ACM:Jon Fortune
Date:April 12, 2016
SUBJECT
Receive a report, hold a discussion and provide staff with direction concerning streamlining the City’s right-of-
way and easement acquisition process for time sensitive projects.
SUMMARY
TheEngineeringServicesDepartment’snormalright-of-way(ROW)acquisitionprocess,ofrequestingseparate
Councilauthorizationofactionsforeachindividualparcelownership,islengthyandcannotmeetshort
schedulesoftimesensitiveprojects.Fortimesensitiveprojects,staffproposestoincludeseveralparcelsintoa
singleCouncilmeetingagendaitem(therewouldbemultipleagendaitemsforaproject).Theitemwould
requestCouncilauthorizationofboth(1)extending“FinalOffers”forright-of-wayparcelsand(2)proceeding
witheminentdomainaction(ifagreementonpurchaseoftheparcelsisnotreachedwithinthestatutorytime
frameprovidedforpropertyownerconsiderationoftheFinalOffer).Negotiationswithpropertyownerswould
notbestoppedatanytimeduringtheacquisitionprocess,butwouldcontinuefromthe“InitialOffer”through
finalagreementoreminentdomaintrialcompletion.ThischangeinprocessforrequestingCouncil
authorization for ROW actions is expected to significantly shorten the ROW acquisition process.
BACKGROUND
The Engineering Service Department has typically acquired right-of-way (ROW) (and easements) through a
process which generally involves the following steps, with each step beginning after the previous step is
completed (overlap of steps occurs occasionally):
1.Completion of 60% Design Plans
2.Identification of required ROW parcels
3.ROW survey and preparation of legal descriptions
4.Initial Offers and negotiations
5.Individual Council Authorization of Final Offer for each parcel
6.Final Offer and negotiations
7.Individual Council Authorization of eminent domain action for each parcel
8.Filing of eminent domain action
9.Possession obtained through negotiation or Commissioners’ Hearing on eminent domain action
This process can require significant lengths of time for each project. As examples, ROW completion required 2
years for the US-380/University Drive (I-35 to Elm St.) water and wastewater relocation project and required 4-
1/4 years for the Mayhill Road Widening (Colorado Dr. to US-380) project.
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On some occasions, the City has projects which are time sensitive and do not allow 2 - 4 years for ROW
acquisition. Currently, the City has two water and wastewater relocation projects on Texas Department of
Transportation (TxDOT) roadway projects, which have severely compressed timeframes for completion of
design and ROW acquisition prior to TxDOT receiving bids for the projects. TxDOT’s FM 2181/Teasley Lane
(City Limits to Lillian Miller) requires the City to complete design and ROW acquisition by May 2017. If this
schedule is not met, the project funding might be in jeopardy. TxDOT’s US-377 (Fort Worth Dr., Country
Club to I-35E) allows the City only until December 2016 to complete design and ROW activities. There
appears to be some flexibility of this schedule, but only by 8 months at the most. If this schedule is not met, the
project funding might be in jeopardy. Another time sensitive project for which this streamlined process might
be used, if ROW is required for the project, is FM 426/McKinney St. Widening (Loop 288 to Grissom Rd.), to
expedite construction of safer pedestrian and bike routes to Ryan High School.
In order to meet tight schedules for time sensitive projects, staff proposes to streamline the ROW process for an
applicable project by requesting Council authorization of (1) extending “Final Offers” for ROW parcels,
together with (2) a request for authorization for eminent domain action (if agreement on purchase of the parcels
is not reached within the statutory time frame). This request would include several parcels (approximately 5 -
10) in a single agenda item as soon as the statutory time for property owner consideration of the “Initial Offer”
has expired for those parcels. There would be multiple agenda items over time for a project, to cover all ROW
parcels on a project. City negotiations with property owners would continue from the “Initial Offer” through
final agreement or eminent domain trial completion (which sets the value for the ROW parcel). This
streamlining process, together with changes in other internal staff processes, is anticipated to significantly
reduce the total timeframe for ROW acquisition to approximately 6 - 9 months. Property owners would retain
the same rights under this streamlined process as under the current process.
The ROW acquisition process would generally follow these steps, with as much overlap between steps as
possible:
1.Completion of 30 - 60% Design Plans
2.Identification of required ROW parcels (as early in design as possible)
3.ROW survey and preparation of legal descriptions (legal descriptions provided in groups prior to
completion of all)
4.Initial Offers and negotiations (as legal descriptions and groups of appraisals become available)
5.Council Authorization of Final Offer and eminent domain action for groups of parcels (combining steps
5 and 7 of current process and grouping several parcels into one action instead of individual action on
each parcel)
6.Final Offer and negotiations
7.If negotiations are not successful within the statutory timeframe, filing of eminent domain action
8.Possession obtained through negotiation or Commissioners’ Hearing on eminent domain action
OPTIONS
1.Concur with this recommended streamlined ROW acquisition process.
2.Suggest changes to the process.
RECOMMENDATION
Approval of Option 1, concur with the recommended process.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
None.
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FISCAL INFORMATION
It is anticipated this streamlined ROW acquisition process would not incur any additional costs. It is
anticipated the process would reduce total project costs by at least the amount of construction inflation for the
time saved (construction inflation costs of a conservative 3% per year results in additional costs of
approximately $2,500 per month).
STRATEGIC PLAN RELATIONSHIP
TheCityofDenton’sStrategicPlanisanaction-orientedroadmapthatwillhelptheCityachieveitsvision.
Thefoundationfortheplanisthefivelong-termKeyFocusAreas(KFA):OrganizationalExcellence;Public
Infrastructure;EconomicDevelopment;Safe,Livable,andFamily-FriendlyCommunity;andSustainabilityand
EnvironmentalStewardship.WhileindividualitemsmaysupportmultipleKFAs,thisspecificCityCouncil
agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area:Public Infrastructure
Related Goal:2.1 Optimize resources to improve quality of City Roadways
Respectfully submitted:
John T. Davis, PE
Director of Engineering Services
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City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 16-530,Version:1
Agenda Information Sheet
SUBJECT
Mayor’s Day of Concern for the Hungry
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City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:A15-0016d,Version:1
AGENDA INFORMATION SHEET
DEPARTMENT:Department of Development Services
ACM:Jon Fortune
DATE:April 12, 2016
SUBJECT
Holdthesecondoftwopublichearingsforannexationofanapproximately23.24acrepropertygenerally
locatedonthewestsideofGeeslingRoad,approximately700feetsouthofEastUniversityDrive(US380),
within the Moreau Forrest Survey, Abstract No. 417, in Denton County, Texas.
BACKGROUND
LocatedwithinDH-12ofthe2010AnnexationPlan,thesubjectpropertywasinitiallyscheduledforannexation
in2013.Becausethepropertywasbeingusedforagriculturalpurposes,however,thesubjectpropertyreceived
approvalofaNon-AnnexationAgreement(NAA)thatdelayedannexationuntilnosoonerthanAugust1,2020.
ThetermsoftheNAArequiredthatthepropertyremaininagriculturaluseorbesubjecttoimmediate
annexation.
InMay2015,aprospectivepurchaserofthesubjectpropertyheldaPre-ApplicationConference(PAC)with
theCity’sDevelopmentReviewCommitteetodiscussdevelopmentofthesitewithindustrialuses.Aspartof
thePAC,theprospectivepurchaserwasinformedthattheproposeddevelopmentwouldviolatethetermsofthe
NAAandtriggerimmediateannexation.InDecember2015,theprospectivepurchaserclosedonthepropertyto
becomethenewownerandsubsequentlysubmittedPreliminaryPlatandAnnexationapplicationstofacilitate
theindustrialdevelopment.Thepurposeofthisitemistoestablishpublichearingdatesfortheannexation
necessary for development of the site to proceed.
The tentative schedule for this annexation is as follows:
March22,2016-CityCounciltoconsideranordinanceestablishingpublichearingdatesandauthorizingthe
publication of notice of the public hearings.COMPLETE.
st
April 5, 2016- 1 Public Hearing COMPLETE.
nd
April 12, 2016 - 2 Public Hearing
st
May 3, 2016- 1 Reading of the Annexation Ordinance
nd
June 7, 2016- 2 Reading and Adoption of the Annexation Ordinance
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File #:A15-0016d,Version:1
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
On April 6, 2010, City Council adopted a 3-Year Annexation Plan for DH-12.
On August 16, 2011, City Council approved a service plan for DH-12.
OnDecember18,2012,theCityCouncilapprovedanNAAforthesubjectpropertythroughAugust1,2020
with terms that the property remain in agricultural use or be subject to immediate annexation.
th
OnMarch22,2016,theCityCouncilapprovedanordinanceestablishingpublichearingdatesofApril5and
th
April 12, 2016, for annexation of the subject property.
OnApril5,2016,theCityCouncilheldthefirstoftworequiredpublichearingsforannexationofthesubject
property.
STRATEGIC PLAN RELATIONSHIP
TheCityofDenton’sStrategicPlanisanaction-orientedroadmapthatwillhelptheCityachieveitsvision.
Thefoundationfortheplanisthefivelong-termKeyFocusAreas(KFA):OrganizationalExcellence;Public
Infrastructure;EconomicDevelopment;Safe,Livable,andFamily-FriendlyCommunity;andSustainabilityand
EnvironmentalStewardship.WhileindividualitemsmaysupportmultipleKFAs,thisspecificCityCouncil
agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area:Economic Development
Related Goal:3.4 Encourage development, redevelopment, recruitment, and retention
EXHIBITS
1.Location Map
2.Zoning Map
Respectfully submitted:
Aimee Bissett
Director of Development Services
Prepared by:
Mike Bell
Senior Planner
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Site Location
0155310620
Feet
SITECOD
µ
ParcelsETJ
Roads
Date: 2/17/2016
The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather
for reference purposes. These maps are the property of the City
of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information
possible. No warranties, expressed or implied, are provided
for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement.
Zoning Map
EC-I
IC-E
NRMU
EC-C
ETJ
NR-6
NR-2
A
RD-5X
0155310620
Feet
SITEAETJNR-6
µ
EC-CIC-ENRMU
Parcels
EC-INR-2RD-5X
Roads
Date: 2/17/2016
The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather
for reference purposes. These maps are the property of the City
of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information
possible. No warranties, expressed or implied, are provided
for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement.
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 16-464,Version:1
AGENDA INFORMATION SHEET
DEPARTMENT:Department of Development Services
ACM:Jon Fortune
DATE:April 12, 2016
SUBJECT
Holdthesecondoftwopublichearingstoconsiderannexingeight(8)properties,identifiedbythefollowing
propertyidentificationnumbers(DH-2:60756and60759),(DH-3:41547),(PAA1:651278),(PAA3:315334
and60790)and(PAA4:202610and37729),whichreceivedaNon-AnnexationAgreementin2010,andaone
yearextensionin2015.ThepropertiesthatwereproposedtobeannexedallhavesignedNon-Annexation
Agreements.
BACKGROUND
TheDentonPlan,adoptedin1999calledforanaggressiveannexationpolicy.Followingthispolicy,theCityof
Dentoninstitutedanumberofannexations.In2009,FreeseandNicholswashiredtoperformanannexation
study.Asaresult,approximately9,035acresoflandwithintheCityofDentonExtraterritorialJurisdiction
(ETJ) was initiated for annexation in 2010.
Aspartoftheaggressiveannexationin2010,theCityCouncilapprovedseveralordinancesforNon
AnnexationAgreements(NAAs)inannexationareasreferredtoasDH1,DH2,DH3,DH4,DH5,DH11,DH14,
PAA1,PAA2,PAA3,PAA4.Theagreementswereapprovedforfiveyearsandhadacessationdatefor
February9,2015andMarch2,2015.In2014,CityCouncildirectedstafftoofferaoneyearextensiontothe
originalagreement.ThesubjectpropertiesreceivedaNon-AnnexationAgreementin2015,anddonotcomply
withtheexemptionrequirementsintheTexasLocalGovernmentCodeSection43.035ordidnotexecuteaNon
-Annexation Extension Agreement.
Priortoannexation,pertheTx.LGC§43.056,acitymustmakeprovisionstoprovidemunicipalservices,also
knownasaServicePlan,fortheproposedannexationareasnolaterthantwoandone-halfyears(2½)years
after the effective date of the annexation unless:
(1)The City cannot reasonably provide certain services within that period; and
(2)TheCityproposesascheduleforprovidingtheservicesthatextendsnotlongerthanfourandone-half
(4½) years after the effective date of the annexation. Id. at §43.056(b).
In2010,theCityCouncilapprovedthe2010ServicePlanforthedesignatedannexationareas.Immediately,
theCityisrequiredtoprovidethefollowingservicestotheproposedareasontheeffectivedateofthe
annexation:
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(1)Police protection;
(2)Fire protection;
(3)Emergency medical services;
(4)Solidwastecollection,exceptasprovidedbysubsection(o).Subsection(o)providesthata
municipalityisnotrequiredtoprovidecollectionservicetoapersonwhocontinuestousethecollection
services of a privately owned collection service;
(5)Operationandmaintenanceofwaterandwastewaterfacilitiesintheannexedareathatarenotwithinthe
service area of another water or wastewater utility;
(6)Operation and maintenance of roads and streets, including road and street lighting;
(7)Operation and maintenance of parks; and
(8)Operation and maintenance of any other publicly owned facility, building or service.
In the same manner, a Service Plan has inherent limitations. A Service Plan may not:
(1)Require the creation of another political subdivision;
(2)Requirealandownerintheareatofundthecapitalimprovementsnecessarytoprovidemunicipal
services in a manner inconsistent with Chapter 395 unless otherwise agreed to by the landowner; or
(3)Provideservicesintheareainamannerthatwouldhavetheeffectofreducingbymorethana
negligibleamounttheleveloffireandpoliceprotectionandemergencymedicalservicesprovided
within the corporate boundaries of the municipality before annexation. Id. at §43.056(f)
Beforethesecond(2nd)anniversaryofthedateanareaisincludedwithinthecorporateboundariesoftheCity
by annexation, the City may not:
(1)Prohibitthecollectionofsolidwasteintheareabyaprivatelyownedsolidwastemanagementservice
provider; or
(2)Imposeafeeforsolidwastemanagementservicesonapersonwhocontinuestousetheservicesofa
privately owned solid waste management service provider. Id. at §43.056(n)
TheCityisnotrequiredtoprovidesolidwastecollectionservicestoapersonwhocontinuestouseaprivately
ownedsolidwastemanagementserviceprovider.Privatesolidwastecollectionserviceprovidersoperatingin
theaffectedareaimmediatelypriortoannexationandcurrentlyprovidingcustomerswithservicemaycontinue
to provide their existing service for up to 2 years in accordance with Texas Local Government Code.
OPTIONS
1.Proceed with annexation.
2.Discontinue annexation.
3.Table this item.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
OnFebruary9,2010,theCityCouncilapprovedNAAsforthesubjectpropertiesthroughFebruary9,2015or
March 2, 2015 with terms that the property remain in agricultural use or be subject to immediate annexation.
On March 3, 2015, the City Council approved NAAs for the subject properties through March 1, 2016.
OnMarch22,2016,theCityCouncilapprovedanordinanceestablishingpublichearingdatesandauthorizing
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File #:ID 16-464,Version:1
the City Secretary to publish notice for the annexation of the subject properties.
STRATEGIC PLAN RELATIONSHIP
TheCityofDenton’sStrategicPlanisanaction-orientedroadmapthatwillhelptheCityachieveitsvision.
Thefoundationfortheplanisthefivelong-termKeyFocusAreas(KFA):OrganizationalExcellence;Public
Infrastructure;EconomicDevelopment;Safe,Livable,andFamily-FriendlyCommunity;andSustainabilityand
EnvironmentalStewardship.WhileindividualitemsmaysupportmultipleKFAs,thisspecificCityCouncil
agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area: Economic Development
Related Goal: 3.4 Encourage development, redevelopment, recruitment, and retention
EXHIBITS
1.Draft Service Plan
Respectfully submitted:
Aimee Bissett
Director of Development Services
Prepared by:
Ron Menguita, AICP
Long Range Planning Administrator
City of DentonPage 3 of 3Printed on 4/8/2016
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CITY OF DENTON SERVICE PLAN
2016 Annexation
I.AREA ANNEXED
The areas to be annexed include eight (8) properties, identified by the following property
identification numbers (DH-2: 60756 and 60759), (DH-3: 41547), (PAA1: 651278), (PAA3:
315334 and 60790) and (PAA4: 202610 and 37729).
II.INTRODUCTION
This service plan has been prepared in accordance with the Texas Local Government Code,
Sections 43.021; 43.065; and 43.056(b)-(o) (Vernon 2008, as amended). Municipal facilities and
services to the annexed areas described above will be provided or made available on behalf of
the City of Denton in accordance with the following plan. The City of Denton shall provide the
annexed tract the levels of service, infrastructure, and infrastructure maintenance that are
comparable to the levels of service, infrastructure, and infrastructure maintenance available in
other parts of the City of Denton with similar topography, land use, and population density.
III.AD VALOREM (PROPERTY OWNER) TAX SERVICES
A.Police Protection
Police protection from the City of Denton Police Department shall be provided to
the areas annexed at a level consistent with current methods and procedures
presently provided to similar areas on the effective date of the ordinance. Some
of these services include:
1.Normal patrols and responses;
2.Handling of complaints and incident reports;
3.Special units, such as traffic enforcement, investigations and special
weapons; and
4.Coordination with other public safety support agencies.
As development commences in these areas, sufficient police protection, including
personnel and equipment will be provided to furnish these areas with the level of
police services consistent with the characteristics of topography, land utilization
and population density of the areas.
Upon ultimate development, police protection will be provided at a level
consistent with other similarly situated areas within the city limits.
B.Fire Protection
The Denton Fire Department (DFD) will provide emergency and fire prevention
services to the annexation areas. These services include:
1.Fire suppression and rescue;
2.Pre-hospital medical services including triage, treatment and transport
by Advanced Life Support (ALS) fire engines, trucks and ambulances;
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3.Hazardous materials response and mitigation;
4.Emergency prevention and public education efforts;
5.Technical rescue response; and
6.Construction Plan Review and required inspections.
Fire protection from the City of Denton shall be provided to the areas annexed at
a level consistent with current methods and procedures presently provided to
similar areas of the City of Denton on the effective date of the ordinance.
As development commences in these areas, sufficient fire protection, including
personnel and equipment will be provided to furnish these areas with the level of
services consistent with the characteristics of topography, land utilization and
population density of the areas. It is anticipated that fire stations planned to serve
areas currently within the City of Denton will be sufficient to serve areas now
being considered for annexation.
Upon ultimate development, fire protection will be provided at a level consistent
with other similarly situated areas within the city limits.
C.Emergency Medical Service
The Denton Fire Department (DFD) will provide the following emergency and
safety services to the annexation areas. These services include:
1.Emergency medical dispatch and pre-arrival First Aid instructions;
2.Pre-hospital emergency Advanced Life Support (ALS) response; and
transport;
3.Medical rescue services.
Emergency Medical Services (EMS) from the City of Denton shall be provided to
the areas annexed at a level consistent with current methods and procedures
presently provided to similar areas of the City of Denton on the effective date of
the ordinance.
As development commences in these areas, sufficient EMS, including personnel
and equipment will be provided to furnish these areas with the level of services
consistent with the characteristics of topography, land utilization and population
density of the areas.
Upon ultimate development, EMS will be provided at a level consistent with other
similarly situated areas within the city limits.
D.Solid Waste
Solid Waste and Recycling Collection Services will be provided to the newly
annexed property immediately upon the effective date of the annexation at a level
consistent with current methods and procedures presently provided to similar
areas within the city. Private solid waste collection service providers operating in
the affected area immediately prior to annexation and currently providing
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customers with service, may continue to provide their existing service for up to 2
years in accordance with Texas Local Government Code.
E.Wastewater Facilities
All the proposed annexation areas are within the City of Denton Sewer Service
Area as defined by Certificate of Convenience and Necessity (CCN) Number
20072 as issued by the Texas Commission on Environmental Quality (TCEQ).
As development commences in these areas, sanitary sewer mains will be extended
in accordance with the provisions of the City’s codes, ordinances and regulations.
City participation in the costs of these extensions shall be in accordance with
applicable City ordinances and regulations. Capacity shall be provided consistent
with the characteristics of topography, land utilization, and population density of
the areas.
Sanitary sewer mains and lift stations installed or improved to City standards
within the annexed areas which are located within dedicated easement, rights-of-
way, or any other acceptable location approved by the City Engineer, shall be
maintained by the City on the effective date of this ordinance.
Operation and maintenance of wastewater facilities in the annexed areas that are
within the service area of another water utility will be the responsibility of that
utility. Operation and maintenance of private wastewater facilities in the annexed
area will be the responsibility of the owner.
F.Water Facilities
PAA1, PAA4, DH-1, DH-2, DH-3, DH-4, DH-5, DH-6, DH-8, DH-10, DH-11,
DH-13, and DH-14 annexation areas are within the City of Denton Water Service
Area as defined by Certificate of Convenience and Necessity (CCN) Number
10195 as issued by the Texas Commission on Environmental Quality (TCEQ).
PAA2S and PAA3 annexation areas lie within the City of Denton Water Service
Area as defined by Certificate of Convenience and Necessity (CCN) Number
10195 as issued by the Texas Commission on Environmental Quality (TCEQ).
Bolivar Water Supply Corporation is dually certified in portions of this area under
CCN Number 11257.
Connections to existing City of Denton water distribution mains for water service
will be provided in accordance with existing City ordinances and policies. Upon
connection to existing distribution mains, water service will be provided at rates
established by city ordinance.
As new development occurs within these areas, water distribution mains will be
extended in accordance with Denton’s Codes, ordinances and utility service
policies. City participation in the costs of these extensions shall be in accordance
with Denton’s codes and ordinances. Water service capacity shall be provided
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consistent with the characteristics of topography, land use and population density
of the area.
Operation and maintenance of water facilities in the annexed area that are within
the service area of another water utility will be the responsibility of that utility.
Existing developments, businesses or homes that are on individual water wells or
private water systems will be allowed to continue to remain on these systems until
a request for water service is made to the City. These requests for service will be
handled in accordance with the applicable utility service line extension and
connection policies currently in place at the time the request for service is
received.
G.Roads and Streets
Emergency street maintenance shall be provided within the annexation areas on
the effective date of the applicable ordinance of acceptance. Routine maintenance
will be provided within the annexation areas and will be scheduled as part of the
City’s annual program and in accordance with the current policies and procedures
defined by the ordinance and/or as established by the City Council.
Any construction or reconstruction will be considered within the annexation areas
on a City wide basis and within the context of the City’s CIP and/or yearly fiscal
budgetary allotments by the City Council.
Roadway signage and associated posts will be replaced in priority of importance
starting with regulatory signs, then warning signs, then informational signs and in
conformance with fiscal allotments by the City Council. If a sign remains, it will
be reviewed and placed on the City’s inventory listing for routine replacement.
All exiting signs will be reviewed for applicability and based upon an engineering
study. New signs will be installed when necessary and based upon an engineering
study.
Routine maintenance of road/street markings will be placed on a priority listing
and scheduled within the yearly budgetary allotments by the City Council.
H.Parks, Playgrounds, Swimming Pools
Residents within the areas annexed may utilize all existing park and recreation
facilities, on the effective date of this ordinance. Fees for such usage shall be in
accordance with current fees established by ordinance.
As development commences in these areas, additional park and recreation
facilities shall be constructed based on park policies defined in the Park Master
Plan and as specified in the Park Dedication and Development Ordinance. The
general planned locations and classifications of parks will ultimately serve
residents from the current City limits and residents from areas being considered
for annexation.
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I.Publicly Owned Facilities
Any publicly owned facility, building, or service located within the annexed area,
and not otherwise owned or maintained by another governmental entity, shall be
maintained by the City of Denton on the effective date of the annexation
ordinance.
J.Other Services
Other services that may be provided by the City of Denton, such as municipal and
general administration will be made available on the effective date of the
annexation. The City of Denton shall provide level of services, infrastructure, and
infrastructure maintenance that is comparable to the level of services,
infrastructure, and infrastructure maintenance available in other parts of the City
of Denton with topography, land use, and population density similar to those
reasonably contemplated or projected in the area.
IV.UNIFORM LEVEL OF SERVICES IS NOT REQUIRED
Nothing in this plan shall require the City of Denton to provide a uniform level of full municipal
services to each area of the City, including the annexed area, if different characteristics of
topography, land use, and population density are considered a sufficient basis for providing
different levels of service.
V.TERM
This service plan shall be valid for a term of ten (10) years. Renewal of the service plan shall be
at the discretion of City Council.
VI.AMENDMENTS
The service plan may be amended if the City Council determines at a public hearing that changed
conditions or subsequent occurrences make this service plan unworkable or obsolete. The City
Council may amend the service plan to conform to the changed conditions or subsequent
occurrences pursuant to Texas Local Government Code, Section 43.056.
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