HomeMy WebLinkAbout24-2209ORDINANCE NO. 24-2209
AN ORDINANCE PROVID[NG FOR ACCEPTANCE OF ELIGIBLE 212.172 NON-
ANNEXATION AGREEMENT(S) FOR PROPERTIES THAT DO NOT HAVE AN
AGRiCULTURAL, WILDLIFE MANAGEMENT OR TIMBERLAND AD VALOREM TAX
EXEMPTION WITHIN AN AREA OF LAND ADJACENT TO AND ABUTTIN(J THE
EXISTING CITY LIMITS OF THE CITY OF DENTON, TEXAS, GENERALLY IDENTiFIED
AS DH-12, CONSISTING OF APPROXIMATELY 1,154 ACRES OF LAND LOCATED
SOUTH OF E. UNIVERSITY DRIVE, EAST OF N. MAYHILL ROAD, NORTH AND SOUTH
OF BLAGG ROAD, NORTH AND SOUTH OF MILLS ROAD, AND EAST AND WEST OF S.
TR[NITY ROAD; PROVIDING FOR SEVERABILITY; AND PROViDrNG AN EFFECTIVE
DATE. (24-2209– Gregg)
WHEREAS, pursuant to Section 43.06 1, Subchapter C-1, Local Government Code, a home
rule city is authorized to annex certain areas that are not required to be in an annexation plan9 and
the City desires to pursue annexation of property located within DH-12, as hereinafter described;
and
WHEREAS, pursuant to Chapter 43 of the Tex. Loc. Gov’t Code, the City had previously
given notice of its intent to institute annexation proceedings in 2010, 2015, and again in 2016 for
property located in DH- 12, which was and is subject to the provisions of Sec. 43.016 of Tex. Loc.
Gov’t Code; and
WHEREAS, in accordance with State law, the City offered all eligible property owners
within DH- 12 non-annexation development agreements, as then contemplated by former Section
43.035 (as previously codified) and current Section 212.172 of Tex. Loc. Gov’t Code, in lieu of
the City’s annexation in 2010, as well as extensions of said agreements in lieu of the City’s
annexation in 2015 and 2016; and
WHEREAS, under a non-annexation development agreement between an eligible property
owner and the City, the land subject to the agreement retains its extraterritorial status and the
owners of such land must abide by the City’s development regulations as if such land were within
the City limits, as provided further in such agreement; and
WHEREAS, the City Council has offered to extend the term of the non-annexation
development agreement for an additional twenty (20) years to all eligible property owners within
DH-12; and
WHEREAS, the Denton County Appraisal District records show that some properties that
formerly entered non-annexation development agreements with the City are not currently
appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or
timber land pursuant to Ch. 23 of the Tex. Tax Code, Subchapters C, D, or E and thus not eligible
to receive a Ch. 43 non-annexation development agreement; and
WHEREAS, despite no longer having a valid agricultural, wildlife management or timber
land ad valorem tax exemption, the City desires to aliow the properties that formerly had a non-
annexation development agreement with the City to remain in the City’s extraterritorial
jurisdiction in accordance to the similar terms and conditions that are contained in a Ch. 43 non-
annexation development agreement; and
WHEREAS, Sec. 212.172 of the Tex. Loc. Gov’t Code authorizes a property owner and a
municipality to enter into an agreement for purposes of retaining land in the extratenitorial
jurisdiction in exchange for the property owner’s covenant not to develop the property and to
authorize the municipality to apply its regulations and development authority not inconsistent
with agricultural use; and
WHEREAS, for all intents and purposes, 212.172 non-annexation development
agreements very similar to a Ch. 43 non-annexation development agreement, except that a 2 12. 172
non-annexation development agreement does not require the Property to possess a valid
agricultural, wildlife management or timber land ad valorem tax exemption; and
WHEREAS, the City continues to desire to allow such properties to remain in the City’s
extratenitorial jurisdiction for a term of twenty (20) years through a 212.172 non-annexation
development agreement, which agreement amends and extends the term of the prior Ch. 43 non-
annexation development agreements previously executed by the parties; and
WHEREAS, upon expiration of the 212.172 non-annexation development agreement, the
owners shall be deemed to have filed a petition for voluntary annexation, pursuant to Subchapter
C-3 of Ch. 43 of the Tex. Loc. Gov’t Code; and
WHEREAS, the City Council deems it to be in the best interests of the citizens of the
City of Denton to enter into such 212.172 non-annexation development agreement with eligible
property owners who timely submitted 212.172 non-annexation development agreement; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDArNS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference.
SECTION 2. The area of land which abuts and is adjacent to the existing corporate limits
of the City of Denton, Texas, known as DH-12, is described in Exhibit ''A“, attached hereto and
incorporated herein, and depicted in Exhibit “B,” attached hereto and incorporated herein (except
that if there is conflict between the Exhibits, “A“ shall control).
SECTION 3. Certain 2 12.172 non-annexation development agreement relating to eligible
properties within that parcel identified as DH-12, which have been properly executed by the
owners of those properties, are hereby approved by the City of Denton and are attached hereto and
incorporated herein by reference as Exhibit ''C“.
SECTION 4. The City Manager is authorized and directed, as a ministerial act, to sign the
non-annexation agreement attached as Exhibit “C”, for and on behalf of the City of Denton. The
effective date of the non-annexation agreement shall be the effective date of this Ordinance. The
City Manager shall further arrange forthwith for the recordation of non-annexation agreements in
the real property records of Denton County, Texas.
SECTION 5. Should any paragraph, section, sentence, phrase, clause or word of this
Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance
shall not be affected thereby.
SECTION 6. This Ordinance shall take effect immediately on its passage and approval.
The motion to approve this ordinance was made by Joe Holland and seconded by Brian Beck,
the ordinance was passed and approved by the following vote [4 - 3]:
Aye
X
X
Nay
X
Abstain Absent
Mayor Gerard Hudspeth:
Vicki Byrd, District 1 :
Brian Beck. District 2 :
Paul Meltzer. District 3 :X
Joe Holland, District 4:X
XBrandon McGee, At Large Place 5 :
Jill Jester, At Large Place 6:X
PASSED AND APPROVED this the 19th day of November, 2024.
GERARD HUDSPETH, MAYOR
ATTEST:
LAUREN THODEN, CITY SECRETARY
PabaA JA,cA
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE
2024 NON-ANNEXATION AGREEMENT
This 2024 NON -ANNEXATION AGREEMENT (“Agreement” or “2024 NAA“), entered
into on the Effective Date, is by and between the CITY OF DENTON, TEXAS (the “City”) and
GREGG, WESLEY & ANNA (“Owners”), the property owners of the hereinafter descdbai
property (the “Property”) in Denton County, Texas (Owners and City also singularly a “Party” or
collectively “Parties”):
Being a 40.0 acre tract of land, more or less, situated in the Moreau Forrest Survey, Abstract No.
417, Denton County, Texas, and being more fully described in that Warranty Deed with
Vendor’s Lien dated January 22, 1963, from Lee A. Phillips and wife, Gwendolyn L. Phillips, to
Coy Lee Rollins and wife, Charlie May Rollins, filed for record on January 24, 1963 and
recorded in Volume 489, Page 432, of the Real Property Records of Denton County, Texas,
SAVE and EXCEPT the following three (3) tracts:
1. A 30.9183 acre tract of land, more or less, situated in the Moreau Forrest Survey, Abstract
No. 417, Denton County, Texas, and being more fully described in that Warranty Deed dated
March 4, 1997, from Coy Lee Rollins and wife, Charlie Mae Rollins, a/k/a Charlie May Rollins,
to Teresa Flagged, filed for record on March 5, 1997, and recorded in Clerk’s File Number 97-
R0013855, of the Real Property Records of Denton County, Texas. Said 30.9183 acre tract of
land is commonly known as DC AD Property ID 121504, DC AD Property ID 206234 and DCAD
Property ID 200725.
2. A 3.215 acre tract of land, more or less, situated in the Moreau Forrest Survey, Abstract No.
417, Denton County, Texas, and being more fully described in that Warranty Deed dated August
17, 1998, from Coy Rollins and wife, Charlie May Rollins, to William W. Butler and Sandra K.
Butler, filed for record on September 3, 1998, and recorded in Volume 4168, Page 1818, of the
Real Property Records of Denton County, Texas. Said 3.215 acre tract of land is commonly
known as DCAD Property ID 206235.
3. A 3.940 acre tract of land, more or less, situated in the Moreau Forrest Survey, Abstract No.
417, Denton County, Texas, and being more fully described in that Warranty Deed dated August
17, 1998, from Coy Rollins and wife, Charlie May Rollins, to Coy Mark Rollins and Carolyn J.
Morrissey, filed for record on September 3, 1998, and recorded in Volume 4168, Page 1828, of
the Real Property Records of Denton County, Texas. Said 3.940 acre tract of land is commonly
known as DCAD Property ID 184757 and DCAD Property ID 206236.
Leaving a called 1.785 acre tract of land that is commonly known as DCAD Property ID 37187.
RECITALS
WHEREAS, pursuant to Chapter. 43 of the Tex. Loc. Gov’t Code, the City had previously
given notice of its intent to institute annexation proceedings in 2010, 2015, and again in 2016 for
an “Annexation Area“ that includes the above-described Property, which was and is subject to the
provisions of Sec. 43.016 of Tex. Loc. Gov’t Code; and
WHEREAS, in accordance with State law, the City offered, and Owners accepted, a non-
annexation development agreement (“Ch. 43 NAAs”), as then contemplated by former Section
43.035 (as previously codified) and current Section 212.172 of Tex. Loc. Gov’t Code, in lieu of
the City’s annexation in 2010, as well as extensions of said N AAs in lieu of the City’s annexation
in 2015 and 2016 (collectively, “Extended Ch. 43 NAAs”), of the Property in the Annexation Area
not otherwise excluded by operation of State law; and
WHEREAS, the Property is located within a non-annexation area, and since 2010 the
Property has held a valid Ch. 43 NAA that was executed by the Owners and the City pursuant to
Chapter 43 of the Tex. Loc. Gov’t Code, and subsequently extended in 2015 and 2016; and
WHEREAS, the term of the Extended Ch. 43 NAA ended on August 1, 2020; and
WHEREAS, the Denton City Council has offered to extend the term of the Extended Ch.
43 NA As for an additional twenty (20) years to all eligible property owners; and
WHEREAS, the Denton County Appraisal District records show that the Property is not
currently appraised for ad valorem tax purposes as land for agricultural or wildlife management
use, or timber land pursuant to Ch. 23 of the Tex. Tax Code, Subchapters C, D, or E and thus is
not eligible to receive a Ch. 43 NAA; and
WHEREAS, despite no longer having a valid agricultural wildlife management or timber
land ad valorem tax exemption, the Owners and the City desire to allow the Property to remain in
the extratenitorial jurisdiction (“ETY’) in accordance to the similar terms and conditions that are
contained in a Ch. 43 NAA; and
WHEREAS, Sec. 212.172 of the Tex. Loc. Gov’t Code authorizes a property owner and a
municipality to enter into an agreement (“212.172 NAA”) for purposes of retaining land in the
ETJ in exchange for the property owner’s covenant not to develop the property and to authorize
the municipality to apply its regulations and development authority not inconsistent with
agricultural use; and
WHEREAS, for all intents and purposes, a 212.172 NAA is very similar to a Ch. 43 NAA
except that a 212.172 NAA does not require the Property to possess a valid agricultural, wildlife
management or timber land ad valorem tax exemption; and
WHEREAS, the City continues to desire to allow the Property to remain in the City’s ETJ
for a term of twenty (20) years through this 212.172 NAA, which agreement amends and extends
the term of the Ch. 43 NAA and Extended Ch. 43 NAA, previously executed by the Parties for all
purposes, until such time as stated herein; and
WHEREAS, Owners hereby accept this offer and agree to the terms of this 212.172 NAA,
as set forth herein, and Owners represent that it is their intention not to develop the Property during
the term of this Agreement; and
2
WHEREAS, the Parties agree that this 212.172 NAA is entered into pursuant to Section
212.172 of the Tex. Loc. Gov’t Code, in order to address the desires of the Owners to remain in
the City’s ETJ and the procedures of the City; and
WHEREAS, upon expiration of the 212.172 NAA, Owners shall be deemed to have filui
a petition for voluntary annexation, pursuant to Subch. C-3 of Ch. 43 of the Tex. Loc. Gov’t Code,
incorporating the agreed terms and schedule of the Written Agreement for Services, attachai
hereto as Exhibit “A”; and
WHEREAS, Owners and the City acknowledge that this Agreement between them is
binding upon the City and the Owners and their respective successors and assigns for the term of
the Agreement; and
WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton
County, Texas;
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
Parties hereto agree as follows:
Section 1. Continuation of ETJ Status. The City guarantees the continuation of the
extratenitorial status of the Property and agrees not to annex the Property for the term of this
Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the
Parties, subject, however, to the provisions of this Agreement.
Section 2. Development Plan. The Owners covenant and agree that use of the Property
for the term of this Agreement, as hereinafter defined, and any extensions agreed to by the Parties
shall be limited to farm-related and ranch-related uses and customary accessory uses, and single-
family detached farm or ranch dwellings, provided that no single-family dwelling may be locatai
or constructed on a lot smaller than five (5) acres, unless the lot was created prior to the date of
this Agreement. The property owner may apply to the City for division of the land subject to this
Agreement into parcels, each of which is at least five (5) acres in size, for the purposes set forth in
this section without being in violation of this Agreement. Such uses and activities constitute the
development plan for the Property (the “Development Plan”) in satisfaction of Sec. 212.172(b) of
the Tex. Loc. Gov’t Code.
Section 3. Governing Regulations. The City regulations, including but not limited to the
following, shall apply to any development of the Property, as such regulations may hereafter be
amended from time to time during the term of this Agreement, as hereinafter defined, provided
that the application of such regulations does not result in interference with the use of the land for
agricultural, wildlife management or forestry-related residential dwellings and accessory uses and
does not prevent the continuation of a use established prior to the effective date of this Agreement
and which remains lawful at the time the Agreement is executed :
(1) Zoning standards contained in the Denton Development Code, as amended pursuant to
the Denton Plan 2040, as amended, including but not limited to the Residential Rural
(RR) Zoning District regulations, and standards incorporated therein ;
3
(2) The subdivision and development regulations contained within the Denton
Development Code, as amended, together with applicable Design Criteria Manuals,
Denton Mobility Plan, and other approved Master Plans of the City of Denton, Texas,
as amended, and the most recent North Central Texas Council of Governments
Standard Specifications for Public Works Construction, as amended or replaced ;
(3) Denton building codes, as adopted by the City and currently contained within Chapters
17, 28, and 29 of the Denton Code of Ordinances and Subchapter 7 in the Denton
Development Code, as amended, along with local amendments, as amended, and more
particularly set forth as follows:
a.
b.
C.
d.
e.
f
g.
h.
1.
J.
k.
1.
International Building Code, 2021 Edition with local amendments;
International Residential Code, 2021 Edition with Appendix G and local
amendments;
The International Fire Code, 2021 Edition with local amendments;
Intemational Plumbing Code, 2021 Edition with local amendments;
International Fuel Gas Code, 2021 Edition with local amendments;
International Mechanical Code, 2021 Edition with local amendments
Code of Ordinances of Chapter 17, Property Maintenance Code, as amended;
International Energy Conservation Code, 2021 Edition, with regional
amendments:
National Electric Code, 2020 Edition, with local amendments;
National Electric Safety Code, 2021 Edition, with regional amendments;
Minimum housing and building standards, Code of Ordinances, Sections 17-
141 – 196, as amended and as applicable; and
Irrigation Systems, Code of Ordinances, Sections 28'441 – 457;
(4) Sign regulations, as contained within Subchapter 33 of the Code of Ordinances, as
amended;
(5) Applicable water and wastewater connection, construction and on-site operation
requirements, contained within Chapter 26 of the Denton Code of Ordinances, as
amended, and Subchapters 7 and 8 of the Denton Development Code, as amended, the
Denton Water and Wastewater Criteria Manual, as amended, and as supplemented by
the Texas Water Code, as amended, Texas Natural Resources Code, as amended. Texas
Utilities Code, as amended, and applicable administrative standards of the Texas
Commission on Environmental Quality, as amended;
(6) Applicable flood protection, drainage and related standards, as contained within
Chapter 30 of the Denton Code, as amended, subchapters 7 and 8 of the Denton
Development Code, as amended, the Denton Stormwater Criteria Manual, as amended,
and as supplemented by requirements of the Texas Water Code, as amended, Texas
Natural Resources Code, as amended, applicable administrative standards of the Texas
Commission on Environmental Quality, as amended, and applicable administrative
standards of the Federal Emergency Management Administration, as amended; and
4
(7) Gas well platting, drilling and production standards, as contained within Subchapters 2
and 6 of the Denton Development Code, as amended and as applicable, and as
supplemented by requirements of the Texas Utilities Code, the Texas Natural
Resources Code, the Texas Water Code, and applicable administrative standards of the
Texas RaiLroad Commission and Texas Commission on Environmental Quality, as
amended ; and
(8) The City states and specifically reserves its authority pursuant to Chapter 251 of the
Tex. Loc. Gov’t Code to exercise eminent domain on the Property.
Section 4. Development Plan to Remain in Effect. Following expiration or termination of
this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect
for a period of 180 calendar days thereafter, or until the effective date of the annexation and
permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the
City may deny any development application or plan of development that is submitted to the City
for the Property during such period if such application or plan is inconsistent with the Development
Plan. The Owners expressly waive any vested rights that might arise under Chapter 245 of the
Tex. Loc. Gov’t Code, local or state law, or by common law, from the submittal of such
inconsistent development application. The Owners further agree that no use commenced or
completed on the Property that is inconsistent with the Development Plan shall be considerai
established or in existence prior to the expiration of the 180-day period during which the
Development Plan is in effect.
Section 5. Agreement Deemed Void in Part; Petition for Voluntary Annexation; Service
Plan
(A) if an Owner files any application or plan of development for or otherwise
commences development of any portion of the Property inconsistent with the Development Plan
provided in Section 2, then Sections 1 and 3 of this Agreement shall become null and void, and
remedy provisions of Section 5(B) of this Agreement will apply.
(B) UPON EXPIRATION, OR UPON BREACH OR TERMINATION OF THIS
AGREEMENT FOR ANY REASON. OR AT ANY POINT THEREAFTER, THEN IN
ADDITION TO THE CITY’S OTHER REMEDIES, SUCH ACT WILL CONSTITUTE A
PETITION FOR VOLUNTARY ANNEXATION BY THE OWNER, PURSUANT TO SUBCH.
C-3 OF CH. 43 OF THE TEX. LOC. GOV’T CODE AND THE PROPERTY WILL BE SUBJECT
TO ANNEXATION AT THE DISCRETION OF THE CITY COUNCIL. OWNER AGREES
THAT SUCH ANNEXATION IS VOLUNTARILY MADE AND HEREBY CONSENTS TO
ANNEXATION PURSUANT TO SEC. 212.172(B)(7) OF THE TEX. LOC. GOV’T. CODE.
OWNER HEREBY AGREES TO THE CITY’S LIST AND SCHEDULE OF MUNICIPAL
SERVICES SET FORTH IN EXHIBIT “A“ BY SIGNING THIS AGREEMENT AND OWNER
AGREES THAT THE 212.172 NAA SERVES AS THE WRiTrEN AGREEMENr
REGARDING SERVICES. PURSUANT TO SEC. 43.0672 OF THE TEX. LOC. GOV’T CODE.
IN THE EVENT THAT THE WRiTrEN AGREEMENT REGARDING SERVICES ARE NO
LONGER REQUIRED BY (_’H. 43 ON THE DATE OF ANNEXATION, THEN THEMUNICIPAL SERVICES TO BE PROVIDED TO THE PROPERTY WILL BE IN
ACCORDANCE WITH EXISTING CITY POLICY ON THE DATE OF ANNEXATION, AND
5
AS AMENDED THEREAFTER. No subsequent change in the law regarding annexation shall
affect the enforceability of this written Agreement or of the City’s ability to annex the Property,
pursuant to the terms of this Agreement. This section shall survive any termination of this
Agreement .
Section 6. Notice of Sale or Exemption Status Change. Any of the Owners who sells or
conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days’ writtar
notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shan be
provided to the City 30 days prior to such sale or conveyance, and notice of the change in the
exemption status of the Property shall be provided to the City within 14 days of any change at the
following address:
City of Denton, Texas
ATFN: City Manager
215 E. McKinney St.
Denton, TX 76201
Section 7. Recording. This Agreement is to run with the Property and be recorded in the
real property records, Denton County, Texas.
Section 8. Severability. Invalidation of any provision of this Agreement by judgment , court
order, legislation, or otherwise shall not invalidate any of the remaining provisions which shall
remain in full force and effect.
Section 9. Remedies. This Agreement may be enforced by either Owners or the City by
any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the
provisions of this Agreement thereafter. Entry into this Agreement by Owners waives no rights
as to matters not addressed in this Agreement.
Section 10. Change in Law. No subsequent change in the law regarding annexation shall
affect the enforceability of this Agreement or the City’s ability to annex the properties coverai
herein pursuant to the terms of this Agreement .
Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas.
Section 12. Execution in Multiple Copies. This Agreement may be separately executed in
individual counterparts and, upon execution, shall constitute one and the same instrument.
Section 13. Effective Date; Term and Extension. The Effective Date of the Agreement
shall be the datethe Agreement is executed by the City. This Agreement shall terminate on August
1, 2040 (“Term“) unless otherwise terminated pursuant to the provisions of this Agreement . The
Term may be extended upon mutual agreement of the Parties. Owners and the City agree that this
Agreement is binding upon both the City and Owners, and Owners’ heirs, successors, and assigns
for the term of the Agreement. Owners, and all of Owner’s heirs, successors, and assigns shall be
deemed to have filed apetition for voluntary annexation before the end of the Term, for annexation
of the Property to be completed on or after the end of the Term. Prior to the end of the Term, th
6
City may commence the voluntary annexation of the Property. Owner agrees that such annexation
shall be voluntary and consents to the annexation pursuant to See. 212.172(b)(7) of Tex. Loc.
Gov’t Code.
Section 14. Survival of Covenants. The covenants in Sections 2. 4. and 5 shall survive
termination of this Agreement, together with any other provisions, as may be necessary for the
implementation of those sections.\be bn+ _
}
Section 15. OWNERS REPRESENT AND ACKNOWLEDGE THAT EACH AND
EVERY OWNER OF THE PROPERTY HAS SIGNED THIS AGREEMENT, AND
OWNERS COVENANT AND AGREE, JOINTLY AND SEVERALLY, TO INDEMNIFY,
HOLD UARMLESS, AND DEFEND TIm CITY AGAINST ANY AND ALL LEGAL
CLAIMS, BY ANY PERSON CLAIMING AN OWNERSHIP INTEREST IN THE
PROPERTY WHO HAS NOT SIGNED THE AGREEMENT, ARISING IN ANY WAY
FROM THE CITY’S RELIANCE ON THIS AGREEMENT.
Entered into this@ day of an e
”;P)
@1%'–-
THE CITY OF DENTON. TEXAS
6By b
Its: City Manager,
Assistant City Manager
Lger} or
7
THE STATE OF TEXAS
COUNTY OF DENTON
}
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He., JiAn (nt was acknow
20}vbTm\§!kT::a
edged before me on the 9
D
Notary Public. State of Texas
Comm. Expires 03-19-2028
Notary ID 128917083
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Notaa1 lie. State of Texas
THE STATE OF TEXAS
COUNTY OF DENTON
}
}
ANGELA ADAMS
Notary public, State of Toxa91
Comm. Expires 03-162028
Notary ID 128917083
L
Notary PmI ate of Texas
THE STATE OF TEXAS }
COUNTY OF DENTON }
This instrument was acknowledged before me on the
20 ,by
day of
Notary Public, State of Texas
THE STATE OF TEXAS
COUNTY OF DENTON
}
}
This instrument was acknowledged before me on the20 ,by day of
Notary Public, State of Texas
THE STATE OF TEXAS }
}COUNTY OF DENTON
beforemeon the % dayof N®cMbcr,20Z4
City Manager/Deputy City
CLARICE MARIE HOUSDEN
My Noba ID # 132065325
Expires June 25, 2027
Notary Public, State of Texas
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATroRNEY
After recording return to :
City of Denton
AHn.: City Secretary
215 E. McKinney St.
Denton, TX 76201
EXHIBIT “A”
LIST AND SCHEDULE OF MUNICIPAL SERVICES
(PURSUANT TO TEX. LOC. GOVT. CODE SEC. 43.0672(b)
I. MUNICIPAL SERVICES. Commencing on the effective date of annexation, City will
provide the municipal services set forth below. As used in this Agreement, “providing services”
includes having services available by any method or means by which the City makes such
municipal services available to any other area of the City, including per the City's infrastructure
extension policies, ordinances, and developer or property owner participation in accordance with
applicable city ordinances, rules, regulations, and policies.
A.Police
Police protection from City’s Police Department shall be provided to the area annexed at a
level consistent with current methods and procedures presently provided to areas with
similar topography, land use, and population density, on the effective date of the ordinance.
Some of these services include:
1.
2.
3.
4.
Normal patrols and responses;
Handling of complaints and incident reports;
Special units, such as traffic enforcement, investigations
weapons; and
Coordination with other public safety support agencies.
and special
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 other areas in the City having similar characteristics of topography,
land use, and population density.
Upon ultimate development, police protection will be provided at a level consistent with
other areas within the city limits having similar characteristics of topography, land use, and
population density.
B.Fire Protection
The Denton Fire Department (DFD) will provide emergency and fire prevention services
to the annexation area. These services include:
1.
2.
3.
4.
5.
6
Fire suppression and rescue;
Pre-hospital medical services including triage, treatment and transport by
Advanced Life Support (ALS) fire engines, trucks and ambulances;
Hazardous materials response and mitigation;
Emergency prevention and public education efforts;
Technical rescue response; and
Construction Plan Review and required inspections.
A-1
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 areas of the City of
Denton having similar characteristics of topography, land use, and population density, 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 other areas having similar characteristics of topography, land use, and population
density. 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
areas within the city limits having similar characteristics of topography, land use, and
population density.
C.Emergency Medical Service
The Denton Fire Department (DFD) will provide the following emergency and safety
services to the annexation area. These services include:
1.
2.
3.
Emergency medical dispatch and pre-arrival First Aid instructions;
Pre-hospital emergency Advanced Life Support (ALS) response;
transport;
Medical rescue services.
and
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
areas of the City of Denton having similar characteristics of topography, land use, and
population density, 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
other areas of the City having similar characteristics of topography, land use, and
population density.
Upon ultimate development, EMS will be provided at a level consistent with other within
the city limits having similar characteristics of topography, land use, and population
density.
D.Solid Waste
The City of Denton is the sole provider of solid waste and recycling collection services to
all residents, and sole provider for trash collection service to commercial entities in the
City. Recycling collection services for commercial entities are managed on the open
market, and the City of Denton is one option for service provision. 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
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procedures presently provided to areas within the city having similar characteristics of
topography, land use, and population density. Customers receiving their existing services
from private solid waste collection service providers operating in the affected area
immediately prior to annexation may continue to utilize provide their existing service for
up to 2 years in accordance with Texas Local Government Code. Should that private
service end prior to the expiration of the two (2) year term, the customer must initiate solid
waste and recycling services with the City of Denton, pursuant to Chapter 24 of the Code
of Ordinances.
E.Wastewater Facilities
The proposed annexation area is located 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 Denton Development Code, Water/Wastewater
Criteria Manual, 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 other areas having similar characteristics of
topography, land use, and population density.
Upon annexation, sanitary sewer mains and lift stations which are located within dedicated
easements, rights-of-way, or any other acceptable locations approved by the City Engineer,
shall be maintained by the City on the effective date of this ordinance, if installed or
improved to City standards within the annexed areas.
Operation and maintenance of wastewater facilities and infrastructure lying within the
service area of another water utility will be the responsibility of that utility. Similarly,
operation and maintenance of private wastewater facilities will be the responsibility of the
prrvate property owner.
F.Water Facilities
The annexation area is located 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).
Connections to existing City of Denton water distribution mains for water service will be
provided in accordance with the Denton Development Code, associated Water/Waste
Water Criteria Manual, and 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, extensions of water distribution mains and
cost participation shall be in accordance with the Denton Development Code,
Water/Wastewater Criteria Manual, and with existing City ordinances and policies. Water
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service capacity shall be provided consistent with service to areas of the City having similar
characteristics of topography, land use and population density.
Operation and maintenance of water facilities and infrastructure that lie 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 remain on those 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, defined as repairs necessary to prevent imminent damage
or injury to the health or safety of the public or any person, as determined by the Director
of Public Works, shall be provided within the annexation area upon the effective date of
the annexation ordinance. Routine maintenance will be provided within the annexation
areas and will be scheduled as part of the City’s annual program, in accordance with the
current policies and procedures defined by ordinance, or otherwise established by the City
Council
Any construction or reconstruction will be considered within the annexation area on a
Citywide basis and within the context of the City’s Capital Improvement Plan 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, in conformance with
fiscal allotments by the City Council. If an existing sign remains, it will be reviewed and
placed on the City’s inventory listing for routine replacement, based upon an engineering
study. New signs will be installed when necessary, based upon an engineering study.
Routine maintenance of road/street markings will be evaluated and scheduled within the
yearly budgetary allotments by the City Council.
H.Drainage
Connections to existing City of Denton drainage facilities will be provided in accordance
with the Denton Development Code, associated Stormwater Criteria Manual, and with
existing City ordinances and policies. Drainage fees will be assessed at the rates
established by city ordinance and will be charged on the utility bill after annexation. All
runoff, whether directly tied into the system or not, impacts the system and will be charged.
As new development occurs within these areas, drainage facilities will be extended or
improved by the developer. Any cost participation shall be in accordance with the Denton
Development Code, Stormwater Criteria Manual, and with existing City ordinances and
policies. Drainage facilities extended by the City will have to be a CIP project and bonds
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will need to be sold. Drainage capacity shall be provided consistent with other areas of the
City having similar characteristics of topography, land use and population density.
Existing developments, businesses or homes that are on existing drainage systems will be
allowed to continue to remain on these systems until a request for drainage facilities is
made to the City. Any requests for City improvements to existing drainage facilities will
be handled in accordance with the applicable extension and connection policies currently
in place at the time the request for improved drainage facilities is received by the City.
These will be ranked in the CIP project matrix, in accordance with the City Drainage Plan.
1.Parks, Playgrounds, Swimming Pools
Residents of the annexed area may utilize all existing park and recreation facilities as of
the effective date of this ordinance. Fees for such usage shall be in accordance with current
fees established by ordinance.
As development commences in this area, additional park and recreation facilities shall be
constructed based on park policies defined in the Park Master Plan and other existing City
ordinances and policies.
J.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.
K.
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Permitting and Inspections. Permitting and Inspections shall be obtained through the
City of Denton, as outlined in the Code of Ordinances.
Other Services. Other services that may be provided by the City of Denton, such as
municipal and general administration, will be made available as of the effective date of the
annexation. The City of Denton shall provide a level of services, infrastructure, and
infrastructure maintenance that is comparable to the level of services, infrastructure, and
infrastructure maintenance available in other parts of the City of Denton having similar
topography, land use, and population density similar to those reasonably contemplated or
projected in the area.
II. UNIFORM LEVEL OF SERVICES IS NOT REQUIRED
Nothing in this Agreement shall require City to provide a uniform level of full municipal services
to each area of the City, including the annexed area, if different characteristics of topography, land
use, and population density justify different levels of service.
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