HomeMy WebLinkAboutA24-0003cORDINANCE NO. A24-0003c
AN ORDINANCE OF THE CITY OF DENTON, TEXAS ANNEXING APPROXIMATELY
0.039 ACRES OF LAND, GENERALLY LOCATED WEST OF TEASLEY LANE AND
APPROXIMATELY 170 FEET NORTH OF LEATHERWOOD LANE TO THE CITY OF
DENTON, DENTON COUNTY, TEXAS; PROVID[NG FOR A CORRECTION TO THE CITY
MAP TO INCLUDE THE ANNEXED LAND; AND PROVIDING FOR A SAV[NGS CLAUSE
AND AN EFFECTIVE DATE. (A24-0003c)
WHEREAS, pursuant to Subchapter C-3, Chapter 43, Texas Local Government Code, a
municipality may annex an area if the property owner requests the annexation; and
WHEREAS, the property owner Huebner, Jeffrey & Erin (“Owner’') submitted a petition
for voluntary annexation of approximately 0.039 acres of land in Denton County, Texas and
described in Exhibit A and depicted on Exhibit B attached hereto and incorporated herein
(“Property”); and
WHEREAS, the City of Denton and Owner have entered into a written Municipal Services
Agreement for the provision of full municipal services to the Property to be annexed, in accordance
with Tex. Loc. Gov’t. Code Sec. 43.0672, and said agreement was approved by the City Council on
May 2 1, 2024; and
WHEREAS, on October 15, 2024, the City Council held a public hearing to provide persons
interested in the annexation the opportunity to be heard and to adopt an ordinance annexing the area,
pursuant to See. 43.0673 of the Tex. Loc. Gov’t. Code; and
WHEREAS, annexation proceedings were instituted for the Property upon the first reading
of the ordinance at the City Council meeting on October 15, 2024; and
WHEREAS, this ordinance has been published in full one time in the official newspaper of
the City of Denton after annexation proceedings were instituted, and 30 days prior to City Council
taking final action, as required by Sec. 1.03 of the City Charter; and
WHEREAS, a second reading of the ordinance was conducted and final action on the
annexation was taken at the City Council meeting on November 19, 2024; and
WHEREAS, the Denton City Council hereby deems it to be in the best interests of the citizens
of the City of Denton to approve the annexation of the Property; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations in the preamble of this ordinance are incorporated
herein by reference.
SECTION 2. The real property described in Exhibit A and depicted on Exhibit B, attached
hereto and incorporated herein by reference, is annexed into the City of Denton, Texas.
SECTION 3. A service agreement approved by Ordinance No. A24-003, is attached as
Exhibit C and made a part hereof for all intents and purposes.
SECTION 4. The newly annexed property shall be included within the corporate limits of the
City of Denton, Texas, thereby extending the City’s corporate limits and granting to all inhabitants of
the newly annexed property all of the rights and privileges of other citizens and bringing the
inhabitants to all of the ordinances, resolutions, acts, and regulations of the City. A copy of this
Ordinance shall be filed in the real property records of the Denton County Clerk and within the Denton
County Appraisal District.
SECTION 5. The City Manager is hereby authorized and directed to immediately correct the
map of the City of Denton by adding thereto the additional territory annexed by this Ordinance,
indicating on the map the date of annexation and the number of this Ordinance, and the ETJ resulting
from such boundary extensions.
SECTION 6. 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 be affected thereby.
SECTION 7. This ordinance shall be effective immediately upon its passage.
AND IT IS SO ORDERED
The motion to approve this ordinance was made by Brian Beck and seconded by Jill
Jester, the ordinance was passed and approved by the following vote [6 - 1]:
Aye Nay Abstain Absent
Mayor Gerard Hudspeth:X
X
X
X
X
X
X
Vicki Byrd, District 1 :
Brian Beck. District 2:
Paul IVleltzer, District 3 :
Joe Holland, District 4:
Brandon Chase McGee, At Large Place 5 :
Jill Jester, At Large Place 6:
Page 2 of 23
PASSED AND APPROVED this, the 19th day of November, 2024.
GERARD HUDSPETH, MAYOR
ATTEST:
LAUREN THODEN, CITY SECRETARY
.„:
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
Page 3 of 23
EXHIBIT A
LEGAL DESCRIPTION
BEING a 0.039 Acre tract of land out of the J.S Dickson Survey, Abstract Number 342, Denton County and
being a portion of that certain tract of land described by deed to Stephen W Eckart, recorded under
County Clerks File Number 94-R0037049, Real Property Records, Denton County Texas and being more
particularly described as follows:
BEGINNING at a point in the northerly line of the deed to David D Kurrus and wife Lorrie L Kurrus recorded
in Instrument Number 2010-6303 of the Land Records, Denton County Texas. Said point being also in the
southerly line of the deed toJefrey and Erin Huebner recorded in Instrument Number 2022-48659 in the
Land Records of Denton County, Texas. Said point being also located South 86 Degrees 34 Minutes 42
Seconds West a distance of 190.54 feet from a Found Iron Rod with a TXDOT Cap which is located at a
distance of 59.46 feet westerly from the present center line of FM 2181 also known as Teasley Lane.
Further, said point is in the, present westerly Denton City Line as defined by City of Denton Ordinance
Number 97-119 as adopted by The City of Denton July 1, 1987.
THENCE Along said Southerly line of Huebner and said Northerly line of Kurrus; South 86 Degrees 34
Minutes 42 Seconds West a distance of 14.63 feet to a Fence Post corner. Said corner being in the Easterly
Line of a tract of land conveyed to David D Kurrus and wife Lorrie L Kurrus recorded in Document Number
2016-116448 Land Records of Denton County, Texas.
THENCE with aforesaid Easterly Line of Kurrus and the Westerly Line of aforesaid Huebner tract North 00
Degree 35 Minutes 53 Seconds East a distance of 145.41 feet to an Iron Rod at end of said line, being the
Northwest corner of Huebner Deed Document Number 2022-48659. Said Iron Rod being also in the
Southerly line of Hickory Creek Ranch Estates Block A recorded in the Plat Records of Denton County Texas
Document Number 2016-2034
THENCE with the Northerly line of Huebner and the aforesaid Southerly line of Block A, Hickory Creek
Ranch, North 84 Degrees 26 Minutes 31 Seconds East a distance of 9.92 feet to a point, said point being
also located South 84 Degrees 26 Minutes 31 Seconds West a distance of 187.17 feet from a found TXDOT
iron rod with cap being the northeast corner of the Huebner tract, aforesaid. The beginning of a circular
curve to the left with a Radius of 3,115.79 feet in the present Westerly line of those lines described in City
Ordinance Number 87-119.
THENCE along the arc of said circular curve an arc distance of 145.55 feet, the Chord Bearing and Distance
of; South 01 Degrees 14 Minutes 56 Seconds East, 145.53 feet to the Beginning. Containing 0.039 Acres
or 1,696 Square Feet more of less.
Page 4 of 23
EXHIBIT B
LOCATION MAP
A24-0003
Page 5 of 23
EXHIBIT C
MUNICIPAL SERVICES AGREEMENT
Page 6 of 23
ORDINANCE NO. A24-0003
AN ORDINANCE OF THE CITY OF DENTON, TEXAS REGARDING A MUNICIPAL
SERVICES AGREEMENT, PURSUANT TO TEX. LOC. GOV. CODE SEC. 43.0672,
BETWEEN THE CITY OF DENTON AND HUEBNER, JEFFREY & ERIN FOR THE
PROVISION OF CITY SERVICES TO APPROXIMATELY 0.039 ACRES OF LAND,
GENERALLY LOCATED WEST OF TEASLEY LANE AND APPROXIMATELY 170 FEET
NORTH OF LEATHERWOOD LANE; APPROVING A SCHEDULE OF ANNEXATION;
AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT; AND
PROVIDING AN EFFECTIVE DATE. (A24-0003)
WHEREAS, the property owners, Huebner, Jeffrey & Erin (hereafter referred to as
“Owners”), has submitted a petition for voluntary annexation of approximately 0.039 acres of land
in Denton County, Texas as described in Exhibit A attached hereto and incorporated herein
(''Property’'); and
WHEREAS, the City of Denton must first negotiate a written Municipal Services
Agreement with the Owner of the real property subject to a petition for voluntary annexation,
pursuant to Tex. Loc. Govt. Code Sec. 43.0672, that contains (1) the services that the City of
Denton will provide on the effective date of the annexation and (2) a schedule that includes the
period within which the City of Denton will provide each service that is not provided on the
effective date of the annexation; and
WHEREAS, the City of Denton and the Owner have come to an agreement about the
provision of full services to the Property following the annexation of the Property; and
WHEREAS, the City Council of the City of Denton finds it to be in the best interest of the
citizens of Denton to enter into a Municipal Services Agreement with the Owner; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference.
SECTION 2. The Municipal Services Agreement (“Agreement”), made in accordance with
applicable provisions of state law pertaining to annexation, is approved and attached hereto as
Exhibit B and is made a part hereof for all intents and purposes.
SECTION 3. The City Manager, or designee, is hereby authorized to execute the Agreement
and to carry out the duties and responsibilities of the City of Denton under the Agreement.
SECTION 4. The schedule of annexation attached hereto as Exhibit C is approved and
adopted for this annexation.
Page 7 of 23
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 be effective immediately upon its passage and approval.
The motion to approve. this ordinance was made by BrI 4,\ a& k and
seconded by hk : 8/ f ) , the ordinance was -F;assed and approved by
the following vote U - A:
Aye
a
J
/
a
/
Nay Abstain Absent
Gerard Hudspeth, Mayor:
Vicki Byrd, District 1 :
Brian Beck. District 2:
Paul Meltzer, District 3:
Joe Holland, District 4:
Brandon Chase McGee,
At Large Place 5:,/
/Jill Jester, At Large Place 6:
PASSED AND APPROVED this, the I )- day of (’>+++b,r , 2024.
GERARD HUDSPETH, MAYOR
ATIEST:
LAUREN THODEN, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
Page 8 of 23
EXHIBIT A
LEGAL DESCRIPTION
BEING a 0.039 Acre tract of land out of the J.S Dickson Survey, Abstract Number 342, Denton County
and being a portion of that certain tract of land described by deed to Stephen W Eckart, recorded under
County Clerks File Number 94-R0037049, Real Property Records, Denton County Texas and being more
particularly described as follows:
BEGINNING at a point in the northerly line of the deed to David D Kurrus and wife Lorrie L Kunus
recorded in Instrument Number 2010-6303 of the Land Records, Denton County Texas. Said point being
also in the southerly line of the deed to Jefrey and Erin Huebner recorded in Instrument Number 2022-
48659 in the Land Records of Denton County, Texas. Said point being also located South 86 Degrees 34
Minutes 42 Seconds West a distance of 190.54 feet from a Found Iron Rod with a TXDOT Cap which is
located at a distance of 59.46 feet westerly from the present center line of FM 2181 also known as Teasley
Lane. Further, said point is in the, present westerly Denton City Line as defined by City of Denton
Ordinance Number 97-119 as adopted by The City of Denton July 1, 1987.
THENCE Along said Southerly line of Huebner and said Northerly line ofKunus; South 86 Degrees 34
Minutes 42 Seconds West a distance of 14.63 feet to a Fence Post corner. Said comer being in the Easterly
Line of a tract of land conveyed to David D Kunus and wife Lorrie L Kurrus recorded in Document Number
20 16-1 16448 Land Records of Denton County, Texas.
THENCE with aforesaid Easterly Line of Kurrus and the Westerly Line of aforesaid Huebner tract North
00 Degree 35 Minutes 53 Seconds East a distance of 145.41 feet to an Iron Rod at end of said line, being
the Northwest corner of Huebner Deed Document Number 2022-48659. Said Iron Rod being also in the
Southerly line of Hickory Creek Ranch Estates Block A recorded in the Plat Records of Denton County
Texas Document Number 2016-2034
THENCE with the Northerly line ofHuebner and the aforesaid Southerly line of Block A, Hickory Creek
Ranch, North 84 Degrees 26 Minutes 31 Seconds East a distance of 9.92 feet to a point, said point being
also located South 84 Degrees 26 Minutes 3 1 Seconds West a distance of 1 87.17 feet from a found TXDOT
iron rod with cap being the northeast corner of the Huebner tract, aforesaid. The beginning of a circular
curve to the left with a Radius of 3,115.79 feet in the present Westerly line of those lines described in City
Ordinance Number 87-119.
THENCE along the arc of said circular curve an arc distance of 145.55 feet, the Chord Bearing and
Distance of; South 01 Degrees 14 Minutes 56 Seconds East, 145.53 feet to the Beginning. Containing 0.039
Acres or 1,696 Square Feet more of less.
Page 9 of 23
EXHIBIT B
MUNICIPAL SERVICES AGREEMENT
Page 10 of 23
MUNICIPAL SERVICES AGREEMENT
This Municipal Service Agreement ("Agreement") is entered into this 15th day of October
2024, by and between the City of Denton, a Texas home-rule municipality (''City”), and the
property owner, Huebner, Jeffrey & Erin, (hereafter referred to as “Owners“).
RECITALS:
WHEREAS, Section 43.0671 of the Texas Local Government Code (''TLGC”) permits
the City to annex an area if each owner of land in an area requests the annexation;
WHEREAS, where the City elects to annex such an area, the City is required to enter
into a written agreement with the property owner(s) that sets forth the City services to be
provided for the Property on or after the effective date of annexation;
WHEREAS, the Owners owns the tract of land, totaling approximately 0.039 acres of
land located in the City’s extratenitorial jurisdiction, as described in Exhibit A and depicted in
Exhibit B, incorporated herein by reference (“the Property”); and
WHEREAS, the Owners has filed a written petition with the City for voluntary annexation
of the Property, identified as Annexation Case No. A24-0003 (“Annexation Case”); and
WHEREAS, the City and Owners desire to set out the City services to be provided for the
Property on or after the effective date of annexation; and
WHEREAS, the Annexation Case and execution of this Agreement are subject to approval
by the Denton City Council.
NOW THEREFORE, in consideration of the mutual covenants, conditions, and promises
contained herein, City and Owners agree as follows:
1.PROPERTY. This Agreement is only applicable to the Property, which is the subject of
the Annexation Case.
2.INTENT. It is the intent of the City that this Agreement provide for the delivery of
full, available municipal services to the Property in accordance with state law, which
may be accomplished through any means permitted by law.
3.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 deveioper or property owner
participation in accordance with applicable city ordinances, rules, regulations, and policies.
Page 1 1 of 23
A.Police
Police protection from City’s Police Department shall be provided to the Property 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 and
weapons; and
Coordination with other public safety support agencies.
special
As development commences on the Property, 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 Property. These services include:
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.
Fire protection from the City of Denton shall be provided to the Property 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 the Property, 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 the Property.
Page 12 of 23
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 Property. These services include:
Emergency medical dispatch and pre-arrival First Aid instructions;
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
Property 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 on the Property, 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 and hauler for solid waste collection and disposal
services within the city limits, including but not limited to, preconstruction activities,
construction activities, and ultimately residential, multi-family, or commercial activities,
and recycling services. Solid waste and recycling collection services will be provided to
the Property immediately upon the effective date of the annexation at a level consistent
with current methods and 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 on the Property immediately prior to annexation may continue to utilize 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 Property 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 Public
Utility Commission (PUC).
Page 13 of 23
As development commences on the Property, sanitary sewer mains will be extended in
accordance with the provisions of the Denton Development Code, Water/Wastewater
Criteria Manual, ordinances and regulations. If required, 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. The sanitary sewer infrastructure shall be
compatible and consistent with the City’s wastewater master plan.
Upon annexation, sanitary sewer mains and lift stations which are located within dedicated
utility easements, public rights-of-way, or any other acceptable locations approved by the
Director of Water Utilities, 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 maintained to City
standards at the expense of the private property owner.
F.Water Facilities
The Property 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 Public
Utility Commission (PUC).
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 the Property, cost participation for extensions of water
distribution mains - if required - shall be in accordance with the Denton Development
Code, Water/Wastewater Criteria Manual, and with existing City ordinances and policies.
Water service capacity shall be provided consistent with service to areas of the City having
similar characteristics of topography, land use and population density. The water
infrastructure shall be compatible and consistent with the City’s water master plan.
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.
Page 14 of 23
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 Property upon the effective date of the
annexation ordinance. Routine maintenance will be provided within the Property 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 Property 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 wiiI 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, but only to the extent existing on-site drainage
facilities are not compliant with the Denton Development Code. 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 the Property, drainage facilities will be extended or
improved by the developer as required to remain compliant with the Denton Development
Code. 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 Capital Improvement Project (CIP) project
and bonds 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.
Page 15 of 23
1.Electric
The Property will be served with electricity distribution service in the most cost-effective
manner; provided, however, that before Owner may enter into a contract with an electricity
distribution service provider, (i) Owner shall provide the City with any and all bona fide
offers that Owner has received from electricity distribution service providers that can
legally serve the Property and (ii) the City shall have 30 business days to provide to Owner
Denton Municipal Electric’s (''DME”) offer to provide distribution electricity service to
the Property; and provided further, that if DME’s offer is substantially similar to the most
cost-effective offer from another distribution electricity service provider that can legally
serve the Property, then Owner will obtain electricity distribution service from DME. The
term “substantially similar” means that the terms of the offers provide the approximately
the same level of service at approximately the same start-up cost to Owner. Electric rates
applicable to customers within the Property will be pursuant to the then applicable DME
rates as approved by the Denton City Council.
Such electricity service offers will be based upon the following terms:
1.The electricity distribution service provider will extend electric distribution
facilities as necessary to serve full development of the Property. The
electricity distribution service provider will evaluate the cost associated
with service extension through the undeveloped area to determine if Aid-
in-Construction is required. The electricity distribution service provider is
responsible for installation of all primary-voltage electrical cables,
transformers, switchgear, streetlight poles and LED streetlight fixtures,
streetlight cables, single-family residential services, and other necessary
electric distribution and transmission system equipment in compliance with
Electric Service Standards and Line Extension Policies currently in place at
the time of development, whether onsite or offsite as necessary to provide
adequate and reliable electric service to the Property.
2.Owner will provide all on-site public utility easements to the electricity
distribution provider that are necessary to protect, install, safely operate and
maintain the electric infrastructure, at no cost to the City. PUEs will be 8
feet in width adjacent to street rights-of-way in single family residential
areas, and 15 feet in width adjacent to Primary and Secondary Arterial
rights-of-way (20 feet where duct banks are required). Easements will be
conveyed through the platting process unless the electricity distribution
service provider requests an easement be transferred by separate instrument.
The provider agrees to joint trench installation of other franchised utilities
such as telephone, cable tv, fiber optic cables, or other non-gas utilities
within the designated public utility easements as long as those utilities are
on an edge shelf of the trench and not placed directly above the electric
facilities.
3 Existing overhead electric distribution lines, which are located in the public
rights-of-way, will be relocated by the electricity distribution service
Page 16 of 23
provider at no cost to the Owner when development adjacent to the existing
electric line requires the line to be relocated in order to accommodate the
adjacent development as long as the relocation is also to an overhead
position. If Owner requests the relocation be placed underground, then
Owner shaII be responsible for the difference in cost between the overhead
relocation and the underground relocation as reasonably determined and
demonstrated by the electricity distribution service provider. Existing
overhead electric distribution lines not owned by the electricity distribution
service provider will be relocated underground by the owner of the lines if
so required to comply with the Denton Development Code.
4.Owner will comply with those City approved policies within the DME
Electric Service Standards (ESS), as amended, that are available on the City
website and uniformly applied within the City, including the specifications
for street lighting.
5.All new distribution electric service within the Property shall be placed
underground except for necessary above ground appurtenances such as
streetlights, switchgear and transformers. The City shall have the right to
inspect the electric facilities prior to placing such facilities into use.
J.Parks, Playgrounds, Swimming Pools
Residents of the Property may utilize all existing park and recreation facilities as of the
effective date of this ordinance. The park dedication ordinance shall apply to the Property
for residential development.
In addition, park and recreation facilities shall be constructed based on park policies
defined in the Parks, Recreation and Trails System Master Plan and other existing City
ordinances and policies.
K.Publicly Owned Facilities. Any publicly owned facility, building, or service located
within the Property, 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.
L.
M
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 Ol
projected in the area.
Page 17 of 23
4.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 Property, if different characteristics of
topography, land use, and population density justify different levels of service.
5.AUTHORITY
City and Owner represent that they have full power, authority and legal right to execute,
deliver and perform their obligations pursuant to this Agreement. Owner acknowledges
that approval of the Annexation Case is within the sole jurisdiction of the City Council.
Nothing in this Agreement guarantees favorable decisions by the City Council.
6.EFFECTIVE DATE; TERM
The effective date of this Agreement is the date of the annexation of the Property. This
Agreement shall be valid for a term often (10) years from the Effective Date.
7.VENUE AND GOVERNING LAW
Venue shail be in the state courts located in Denton County, Texas or the United States
District Court for the Eastern District of Texas. This Agreement shall be governed and
construed in accordance with the laws and court decisions of the State of Texas.
8.
9.
GOVERNMENTAL POWERS. It is understood that by execution of this Agreement,
City does not waive or surrender any of its governmental powers or immunities.
SEVERABILITY
In case any one or more of the provisions contained in this Agreement shall for any reason
be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceability shall not affect any other provision thereof and this Agreement shall be
considered as if such invalid, illegal, or unenforceable provision had never been contained
in this Agreement.
10.COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be
deemed an original and constitute one and the same instrument.
11.CAPTIONS
The captions to the various clauses of this Agreement are for informational purposes only
and shall not alter the substance of the terms and conditions of this Agreement.
12.SUCCESSORS AND ASSIGNS
The terms and conditions of this Agreement are binding upon the successors and assigns
of the Parties to this Agreement and stand as obligations running with the land until
satisfied in full, regardless of how the Property is developed.
Page 18 of 23
13.ENTIRE AGREEMENT; AMENDMENT.
This Agreement constitutes the complete agreement of the parties to this Agreement and
supersedes all prior written agreements between the parties. This Agreement shall not be
amended unless executed in writing by both parties. The Parties stipulate that this
Agreement does not constitute a permit for development under Chapter 245 of the Texas
Local Government Code.
Page 19 of 23
Docusign Envelope ID: 8D0855599C644C524B4CH9E7&UC25CC
The parties have executed this Agnunent on the date 6rst above written.
OWNER CITY OF DEMON, TEXAS
Do€uSlgned by:
I hH&b&
523808296270423 .
mt
rE _
By:
City Manager, Deputy City Manager, or
Assistant City Manager
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational
obligations and business terms.
tt Mc:lbHRi#(
S(ott M i o:,t (Oct 16. it JI
gignature
£CO
Director of Development Services
Title
Bnunn a•n••HIB +H=n•lP
Development Services
Department
Date Signed:
APPROVED AS TO LEGAL FORM:
By; Wbtu–
Mack Reinwand, City Attorney
Page 20 of 23
EXHIBIT A
LEGAL DESCRIPTION
BEING a 0.039 Acre tract of land out of the J.S Dickson Survey, Abstract Number 342, Denton
County and being a portion of that certain tract of land described by deed to Stephen W Eckart,
recorded under County Clerks File Number 94-R0037049, Real Property Records, Denton County
Texas and being more particularly described as follows:
BEGINNING at a point in the northerly line of the deed to David D Kurrus and wife Lorrie L Kurrus
recorded in Instrument Number 2010-6303 of the Land Records, Denton County Texas. Said
point being also in the southerly line of the deed to Jefrey and Erin Huebner recorded in Instrument
Number 2022-48659 in the Land Records of Denton County, Texas. Said point being also located
South 86 Degrees 34 Minutes 42 Seconds West a distance of 1 90.54 feet from a Found Iron Rod
with a TXDOT Cap which is located at a distance of 59.46 feet westerly from the present center
line of FM 2181 also known as Teasiey Lane. Further, said point is in the, present westerly Denton
City Line as defined by City of Denton Ordinance Number 97-119 as adopted by The City of
Denton July 1 , 1987
THENCE Along said Southerly line of Huebner and said Northerly line of Kurrus; South 86
Degrees 34 Minutes 42 Seconds West a distance of 14.63 feet to a Fence Post corner. Said
corner being in the Easterly Line of a tract of land conveyed to David D Kurrus and wife Lorrie L
Kurrus recorded in Document Number 2016-116448 Land Records of Denton County, Texas.
THENCE with aforesaid Easterly Line of Kurrus and the Westerly Line of aforesaid Huebner tract
North 00 Degree 35 Minutes 53 Seconds East a distance of 145.41 feet to an Iron Rod at end of
said line, being the Northwest corner of Huebner Deed Document Number 2022-48659. Said Iron
Rod being also in the Southerly line of Hickory Creek Ranch Estates Block A recorded in the Plat
Records of Denton County Texas Document Number 2016-2034
THENCE with the Northerly line of Huebner and the aforesaid Southerly line of Block A, Hickory
Creek Ranch, North 84 Degrees 26 Minutes 31 Seconds East a distance of 9.92 feet to a point,
said point being also located South 84 Degrees 26 Minutes 31 Seconds West a distance of 1 87.17
feet from a found TXDOT iron rod with cap being the northeast corner of the Huebner tract,
aforesaid. The beginning of a circular curve to the left with a Radius of 3,115.79 feet in the present
Westerly line of those lines described in City Ordinance Number 87-1 19.
THENCE along the arc of said circular curve an arc distance of 145.55 feet, the Chord Bearing
and Distance of; South 01 Degrees 14 Minutes 56 Seconds East, 145.53 feet to the Beginning.
Containing 0.039 Acres or 1 ,696 Square Feet more of less.
Page 21 of 23
EXHIBIT B
LOCATION MAP
A240003
Page 22 of 23
EXHIBIT C
ANNEXATION SCHEDULE
Annexation
07/23/2024 Petition for Annexation submitted
09/24/2024 Deadline to submit notice to Denton Record Chronicle and City Website for
publication before the 17th day before the public hearing on October 15, 2024
(published on Sunday, September 28, 2024)
10/08/2024 Deadline to submit backup for posting of City Council Agenda for Regular Meeting
on October 15, 2024
10/15/2024 Annexation Municipal Service Agreement – IC (Required prior fo annexation per
43. 0672),
Annexation Public Hearing – PH (Only one public hearing is required per
43.0673).
AND
First Reading of annexation ordinance – IC (per City Charter)
10/20/2024 Publish Ordinance in the newspaper (Charter Sec. 7. 03; cannot be acted on for 30
days)
11/19/2024 CC by 4/5ths vote takes final action – IC (Regular meeting)
Second Reading of annexation ordinance.
Adoption of annexation ordinance (30 days+ post publication per Charter Sec.
7. 03)
Post-Annexation Adoption Procedures:
1. Notification to Comptroller
2. Notification to DOJ
3. File certified copy of ordinances with the Denton County Clerk
4. File certified copy of ordinances with the Denton CAD
5. Revise City Map
6. Notify Utilities (Customer Service) utilitybilling@cityofdenton.com
Page 23 of 23