HomeMy WebLinkAboutA23-0003cORDINANCE NO. A23-0003c
AN ORDINANCE OF THE CITY OF DENTON, TEXAS ANNEXING APPROXIMATBLY
7.25 ACRES OF LAND, GnqERALLY LOCATED 224 FEET NORTH OF E. MCKINNEY
STREET AND 1,140 FEET EAST OF TRINITY ROAD, INTO TEn CITY OF DENTON,
DEVroN COUNTY, TEXAS; EXTENDING THE BOUNDARY LIMITS OF THE CITY OF
DENTON TO INCLUDE THE ANNEXED PROPERTY IN THE CITY LIMITS; PROVIDING
FOR A CORRESPONDING AMEND)MMr TO THE CITY MAP TO nqcLUDE THE
ANNEXED LAND; AND PROVIDING A SAVINGS CLAUSE AND AN EFFECTIVE DATE
(A23-0002a)
WHEREAS, pursuant to Subchapter C-3, Chapter 43, Texas Local Government Code, a
mwHcipality may annex an area if the property owner requests the annexation; and
WHEREAS, the applicant Lauren Helmberger of Bear Land Company, on behalf of the
property owner, the MY3 Investment Group, LLC. (“Owner”) submitted a petition for voluntary
annexation of approximately 7.25 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
Novemtnr 7, 2023; and
WHEREAS, on November 7, 2023, 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, anrnxation proceedings were instituted for the Property upon the first reading
of the ordinance at the City Council meeting on November 7, 2023; 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 9uond reading of the ordinance was conducted and final action on the
annexation was taken at the City Council meeting on Deccmtnr 12, 2023; 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 COUNCEL OF THE CITY OF DEVrON HEREBY ORDAnqs:
wim The findings and rwitations in the preamble of this ordinance are incorporated
herein by reference.
WW The real property described in x and depicted on x attached
hereto and incorporated herein by reference, is annexed into the City of Denton, Texas.
SECTiON 3. A service agreement approved by Ordinance No. A234002, is attached as
Exhibit C and made a part hereof for all intents and purposes.
wm TIle newly annexed property shall b included within the corporate limits of
the City of Denton, Texas, thereby extending the City’s corporate lbnits 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, nsolutions, acts, and regulations of the City. A
copy of this Ordinanoe shall be filed in the real property records of the Denton County Clerk and
within the Denton Cowlty 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 numtnr 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 not be affected thereby.
SECTION 7. This ordinance shall be effective immediately upon its passage.
Th, m,ti,„ t, ,pp„„q hi, „dh,.„ w„ m,d, by lbc Roll&- J and
seconded by Ul ck ; By Ii , the ordinance was passed and approved by
the following vote u-n:
Aye Nay Abstain Absent
Mayor Gerard Hudspeth:,/
-Z
Z
/
a
./
Vicki Byrd, District 1 :
Brian Beck, District 2:
Paul Mehzer, District 3:
Joe Holland, District 4:
Brandon Chase McGee, At Large Place 5:
Chris Watts, At Large Place 6:
Page 2 of 6
PASSED AND APPROVED this, the IP day of DCU_be{ , 2023.
ATIEST:
JESUS SALAZAR crrY SECRETARY
\S \ \ U 1! ! {\ ! $ /
APPROVED AS TO LEGAL FORM:
MACK RERqWAND. CITY ATrORNEY
Dbh3lV sIgned by Sun Kea
S
Kelkr, emaIIBSusanKeIbecMdentonmm
By: Date 2023 IQ31 16542645Txr
, DN: denton €k<ity9fdentotr, duct>dad,Iusan Ke I e r : : :k = =T=E ::: cui}=Ep1:i= =i:: 1 c n = :u s a n
Page 3 of 6
Exhibit A
Legal DescrIption
BEING A TRACr OF LAND SITUATED IN THE GIDEON WALKER SURVEY, ABSrRACr NO. 1330, DENTON
COUNTE TEXAS AND BEING PART OF A CALLED 9.485 ACRE TRACr DESCRIBED IN A DEED TO MY3
INVESTMENT GROUP, LLC, AS RECORDED IN IN£rRUMENT NO. 2021-40354 OF THE OFFICIAL PUBLIC
RECORDS OF DEVION COUNTY, TEXAS (0.P.R.D.C.T.) AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS
BEGINNING AT A POINT ON THE WEn LINE OF SAID 9.485 ACRE TRACr AND ON THE PRESENT
NORTHEASr CITY OF DENTON LIMITS LINE, AS DESCRIBED IN ORDINANCE NO. 86-129 AND BEING 200.00
FEET NORTHEAST OF AND PARALLEL TO THE NORTHEAST RIGHT-OF-WAY LINE OF E. McKINNEY STREET
(FM 426), FROM WHICH A 1/2” IRON ROD WITH CAP £rAMPED “RPLS 4s6r’ FOUND FOR THE
souTHWE£r CORNER OF SAID 9.485 ACRE TRACr AND ON SAID NORTHEA£r RIGHT-OF-WAY LINE OF E.
McKINNEY STREET (FM 426), BEARS SOUTH 0'52’49’ WEST, A DISTANCE OF 210.76 FEET;
THENCE NORTH O'52’49” EASr, WITH THE WEST LINE OF SAID 9.485 ACRE TRAcr, TO AND WITH THE
EA£r UNE OF A CALLED 33.104 ACRE TRACr DESCRIBED IN A DEED TO TRACIE MULKEY LAU, CONNIE
MULKEY McKEATHEN, VICKIE MULKEY McQUEEN, AS RECORDED IN INSTRUMENT NO. 2012-146255,
0.P.R.D.C.T. AND BEING FURTHER DESCRIBED IN VOLUME 659, PAGE 674 OF THE DEED RECORDS OF
DENTON COUNTY, TEXAS (D.R.D.C.T.), A DISTANCE OF 603.33 FEET TO A 1/2” IRON ROD FOUND FOR THE
NORTHWEST CORNER OF SAID 9.485 ACRE TRACr AND THE SOUTHWEST CORNER OF A CALLED 15.335
ACRE TRACr DESCRIBED IN A DEED TO P&M PROPERTIES, LTD. AS RECORDED IN INSTRUMENT NO. 2023-
14095, 0.P.R.D.C.T.;
THENCE SOUTH 89'OO’Ol“ EASt WITH THE NORTH LINE OF SAiD 9.485 ACRE TRACT AND THE SOUTH
LINE OF SAID 15.335 ACRE TRACE A DISTANCE OF 466.23 FEn TO A 1/2" IRON ROD FOUND FOR THE
NORTHEA£r CORNER OF SAID 9.485 ACRE TRACT AND THE NORTHWESr CORNER OF LOT 1, BLOCK A OF
STARLIGHT SIGNS ADDrrlON, AN ADDITION TO THE CITY OF DENTON, DENTON COUNTY, TEXAS
ACCORDING TO THE PLAT THEREOF RECORDED IN INSTRUMENT NO. 2013-35, 0.P.R.D.C.T.;
THENCE sourH I'09’38” WEn, WITH THE EA£r LINE OF SAID 9.485 ACRE TRACr AND THE WEsr LINE OF
SAID LOT 1, BLOCK A, A DISTANCE OF 756.11 FEn TO A POINT ON SAID PRESENT NORTHEA£r CITY OF
DENTON LIMrrs LINE AND BEING 200.00 FErr NORTHEA£r OF AND PARALLEL TO SAID NORTHEAST
RIGHT<)F-WAY LINE OF E. McKINNEY STREET (FM 426) FROM WHICH A 1/2" IRON ROD WITH CAP
STAMPED (ILLEGIBLE) FOUND FOR THE souTHEAsr CORNER OF SAID 9.485 ACRE TRACr AND BEING ON
SAID NORTHEAST RIGHTX)F-WAY LINE OF E. McKINNEY STREET (FM 426), BEARS SOUTH I'09’38" WEST,
A DISIANCE QF 210.42 FEn;
THENCE NORTH 70'44’02" WEST, OVER AND ACROSS SAID 9.485 ACRE TRACr, 200.00 FEET NORTHEASr
OF AND PARALLEL TO SAID NORTHEAST RIGHT-OF-WAY LINE OF E. McKINNEY STREET (FM 426), A
DISTANCE OF 487.41 FEn TO THE PLACE OF BEGINNING AND CONTAINING 7.250 ACRES OF LAND.
Page 4 of 6
Ran
SIte LocatIon
Site LocatIon
Re
Exhibit B
locatIon Map
Page 5 of 6
Exhibit C
MunicIpal ServIces Agreement
Page 6 of 6
ORDINANCE NO. A234002
AN ORDNANCE OF THE crrY OF DEvrON, TEXAS REGARDnfG A MUNICEPAL
SERvias AGREEMmw, PURSUANr TO TEX. LOC. GOV. CODE SEC. 43,0672,
BErwEHN THE CIU OF DwroN AND MY3 RWESThaNr GROUP, LLC FOR THE
PROVISION OF CITY SERVICES TO APPRO}aMATELY 725 ACRES OF LAND,
GnqERALLY LOCATED 224 FEHF NORTH OF E. MCKINNEY STREFr AND 1,140 FEET
EAST OF TRNITY ROAD; APPROVING A SCHEDULE OF ANNEXATION:
AUIHORIZING THE crrY MANAGER TO DacLrIE THE AGRm£BNr; AND
PROVDnqG AN WFECWE DATE. (A234002)
WHEREAS, the property owners, MY3 Invcstmart Group, LLC (hereafter nfernd to as
“(>wnus’) has submitted a petition for voluntary annexation of approximately 7 acres of land in
Denton County, Texas as ckscribed in Exhibit A attached hereto and incorporated herein
(“PIQW't/’); „ld
WHEREAS, the City of Denton must 8rst negotiate a written Municipal Services
Agreement with the Owner of the real property subject to a petition for voluntary annexation,
pwsu8nt to Tex. Loc. Govt Code Sec. 43.0672, that contains (1) the services that the City of
Denton will provide on the eaective 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 wwices 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 cntu into a Municipal Services Agreement with the Owner; NOW,
T}mREFORE,
THE COUNCIL OF THE crrY OF DEMON HEREBY ORDAnqs:
wim. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by nfennce.
JWTW. The Muicipal Services Agreement (“Agreement”), made in 8ceoalance with
applicable provisions of state law pertaining to annexation, is approved and attached hereto as
Elba)it p and is made a part hereof for all intents and pupows.
SECTION 3. The CityManaga, or designw, is hereby authorized to execute the Agreement
aId to early out the duties and nsponsn>ilitiw of the City of Denton urdu the AgnemaR.
SE(moN 4. The schedule of anrnxation attached hereto as I,rhibit (' is q>proved and
adopted Rx this annwtion.
SE(;rioN S. Should any paragraph, section, sentence, phrase, clause or word of this
Ordinance be declared unconstitutional or invalid for any r%son, the remainder of this Ordinance
shall not tn affected thereby.
WT ON 6. This Ordinance shall k effective immediately upon its passage and approval.
'.'„=’';-%F Wi=f w"”"'”"”-=W„*h=Lp,W;M„„„W
the following vote U-Z]:
Aye
J
J
-L
J
J
./-7
Nay Abstah Absent
Gerard Hudspeth, Mayor
Vicki Byrd, Districti:
Brian Beck District 2:
Paul Mel&er. Diskict 3:
Joe Holland, District 4:
Brandon Chase McGee,
At Large Place 5:
Chris Watts, At Large Place 6:
PASSED AND APPROVED this. the Td,y ,f NJ,ut.._ L/ , 2023.
ATIEST:
JESUS SALAZAR, crrY SECRETARY ,\\\1111111
DE&t
APPROVED AS TO LEGAL FORM:
MACK REUVWAND, CITY ATrORNEY
a#+dpdV9anhgB
I
BY: =nJ:TIa;;BeaM
Susan Ke a aHL MaNn dneod8aler£iH;!!>Him;"’
R
tlS
Page 2
EXEnBIT A
LEGAL DESCRwrioN
BEING A TRACr OF LAND SFrUATED IN THE GIDEON WALKER SURVEX ABSrRACr NO. 1330. DEHroN
COUNTY, TD(AS AND BEING PART OF A CALLED 9.485 ACRE TRACr DESCRIBED IN A DEED TO MY3
iNVESIMEHr GROUP, LLC. AS RECORDED IN INSIRUMENT NO. 202140354 OF THE OFFICIAL PUBLIC
RECORDS OF DENTON COUMIY. TEXAS (0.P.R.D.CT.) AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS
BEGINNING AT A POIFr ON THE WEn LINE OF SAID 9.48S ACRETRACr AND ON THE PRESENT NORTHEA£r
CITY OF DEMroN UMn5 UNE, AS DESCRIBED IN ORDINANCE NO. 86-129 AND BEING 200.00 FEFr
NORTHEASI QF AND PARALLEL TO THE NORTHEASrRiGHT4F-WAY UNE OF E. McKINNEY £rRErr (FM 426),
FROM WHICH A 1/2- IRON ROD wrrH CAP £rAMPED 'vRPLS 4561” FOUND FOR THE souTHWEgr CORNER
OF SAID 9.485 ACRE TRACr AND ON SAID NORTHEArr RiGHrOF'WAY LINE OF E. McKINNEY STRErr (FM
426), BEARS soLrrH as2'4g WErE A Dl£rANCE OF 210.76 FEa;
THENCE NORTH O'52’4y EAST, wrrH THE WEST UNE OF SAID 9.485 ACRE TRACE TO AND WITH THE EA£r
LINE OF A CALLED 33.104 ACRE TRACr DESCRIBED IN A DEED TO TRACIE MULKEY LAU, CONNIE MULKFY
McKEATHEN, VICKIE MULKEY McQUEEN, AS RECORDED IN iNsiRUMEvr NO. 2012.146255, 0.P.R.D.C.T.
AND BEING FURTHER DESCRIBED IN VOLUME 659, PAGE 674 OF THE DEED RECORDS OF DENTON COUNTY,
TEXAS (D.R.D.C.T.), A Dl£rANCE OF 603.33 FEn TO A 1/2- IRON ROD FOUND FOR THE NORTHWE£r
CORNER OF SAID 9.485 ACRE TRACr AND THE soLfrHWEST CORNER OF A CALLED 15.335 ACRE TRACr
DESCRIBED IN A DEED TO P&M PROPERTIES, LTD, AS RECORDED IN iNSTRUMEHr NO, 2023-14095,
0.P.R.D.CT
THENCE soLrrH 89'oo’or’ EAST WITH THE NORTH LINE OF SAID 9.485 ACRE TRACr AND THE SOUTH LINE
OF SAID 15.335 ACRE TRACE A DISrANCE OF 466.23 FEn TO A 1/2” IRON ROD FOUND FOR THE
NORTHEA£r CORNER OF SAID 9.485 ACRE TRACr AND THE NORTHWEST CORNER OF LOT 1, BLOG( A OF
SiARUGHr SIGNS ADDITION, AN ADDrrlON TO THE CITY OF DENTON. DENTON COUNTY TEXAS
ACCORDING TO THE PLAT THEREOF RECORDED IN iNsrRUMEvr NO. 2013-35, 0.P.R.D.C.T.;
THENCE sourH IW38- WErE WITH THE EA£r UNE OF SAID 9.485 ACRE TRACr AND THE WEST UNE OF
SAID LOT 1, BLOCK A, A Dl£rANCE OF 756.11 FEn TO A PaIM ON SAID PRESENT NORTHEAST CITY OF
DENTON LIMITS LINE AND BEING 200.00 FEn NORTHEAST OF AND PARALLEL TO SAID NORTHEAST RIGtfr-
OF-WAY LINE OF E. McKINNEY STREET (FM 426) FROM WHICH A 1/2” IRON ROD WITH CAP STAMPED
(ILLEGIBLE) FOUND FOR THE souTHEAsr OORNER OF SAID 9.485 ACRE TRAcr AND BEING ON SAID
NORTHEAST RIGHbOF-WAY LINE OF E. McKINNEY STREET (FM 426), BEARS SOUTH fOg’38” WEST A
DISTANCE OF 210.42 FEn;
THENCE NORTH 70'44’02- WESt OVER AND ACROSS SAID 9.485 ACRE TRACt 200.00 FEEI NORTHEAST
OF AND PARALLEL TO SAID NORTHEAST RIGHT-OF-WAY ONE OF E. McKINNEY STREET {FM 426), A
DISTANCE OF 487.41 FEa TO THE PLACE OF BEGINNING AND CONTAINING 7.250 ACRES OF LAND.
Page 3
Ex}HBrr B
MUNICIPAL SERVICES AGREEMENT
Page 4
MUNIC]PAL SERVICES AGREEMENT
This Municipal Service Agreement ("Agreement") is entered into this 7th day ofNovemtnr
2023, by and tntwnn and the City of Denton, a Twas home+uk municipality (“City”), and the
proBIty owner, MY3 Investment Group, LLC. (henafber ufaled to as “Owner”).
RECrrAT ,S:
WHEREAS, Section 43.0671 of the Texas Lcx;al Govunment Code (“TLGCY’) permits
the City to annex an ai% if each owner of land in an area requests the anrnxation;
WHEREAS, where the City elects to annex such an ana, the City is required to enter
into a written agnement with the property owner(s) that sets forth the City services to be
provided for the property on or after the eaoctive dae of annexation;
WHEREAS, the Owner owns a tract of land, totaling approximately 725 acres of land
located in the City’s extraterritorid judsdiction, as described in Exhibit A and depicted in Exhibit
B, incorporated herein by nfennoe mle Property’); and
WHEREAS, the Owner has filed a written petition with the City for voluntary annexation
of the Property, identified as Annexation Case No. A234)002 (“Annexation Case”); and
WHEREAS, the City and Owner desire to identiBr the City services to be provided for the
Property on or after the eaective date of annexation; and
WHERF,AS, the Annexation Case and execution ofthisAgnement by the City are subject
to approval by the Denton City Council.
NOW THEREFORE, in consideration ofthe mutual covenants, conditions, and promises
contained herein, City and Owner agree as follows:
1.PROPERTY. This Agreement is only applicable to the Property which is the subject of
the Annexation Case.
2.WFEM. It is the intent of the City that this Agreement provide for the delivery of
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 eRactive date of annexation, City will
provide the mrmicipal services set forth below. As used in this Agreement, “providing
services” includes having ®wices available by any method or nuns by which the City
makes sub municipal services available to any other area of the City, including per the
City’s in&wtructwe extension policies, ordinances, and developer or prop6tty owner
participation hI accordance with applicable city ordinances, rules, ngulations, and policies.
1
A Police
Police protntion from City’s Police Department shall tn provided to the area annexed at a
level consistent with awnnt methods and pu>cedww presently provided to areas hr dIe
City of Denton with similar topogrvhy, lard use, and population density, on the effective
date of the ordinance. Some of these services include:
1.
2.
3.
4.
Patrols and responses;
Handling of complaints and incident reports;
Special units, such as trafRc enforcement, investigations
weapons; and
Coordination with other public safety support agencies.
and special
As development commences in these areas, sumcient police protection, including
personnel and equipment will be providal to furnish these areas with the level of police
services consistent with othu areas in the City having shUlar chamctedstics 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 aansport by
Advanced Life Support (ALS) fire engines, trucks and ambulances;
Hazardous materials response and mitigation;
UnaBency prevention and public education eaorts;
Technical rescue rnponse; and
Construction Plan Review and requM inspections.
Fire protection &om the City of Dalton 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 charwterjgtjc3 oftopogwhy, land use, and population density, on
the effective date of the ordinance.
As development commences in thne 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 an stations planned to serve areas currently within the City
of Denton will Insufncient to serve areas now being considered for annexation.
2
Upon ultimate development, fire protection will be provided at a level ooasistent with other
areas within tIn city limits having similar chana£ristics of topography, land use, and
population density.
C.Emergency Medical Service
The Denton Fire Department (DFD) will provicb the following emergency and safety
suvicn to the annexation area. These services include:
1.
2.
3.
EmagaIcy medical dispatch and pre-wHval First Aid hrstructions;
Pmhospital emergency Advanced Life Support (ALS) response; and
UanspoIt;
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
areas of the CiV of Denton having similar characteristics of topography, land use, and
population density, on the effective date of the ordinance.
As developrnent 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 WBste
The City of Denton is the sole provider and harder for solid waste collection and disposal
services within the city limits, including but not limited to, pnconstruction activities,
construction actIvities, and ultimately residential multi.family, or commercial activities,
and rwycling services. Solid waste and recycling collection swvi ws will be provided to
the newly wnexed 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 sirnilar characteristics of topogwhy, land use, and population
density. Customns rweiving their misting services &om private solid waste collection
service providers operating in the affected area immediately prior to annexation may
continue to utilize their existing service for up to 2 yun in accordance with Texas Local
(k)vemment Code. Should that private swvice end prior to the expiration of the two (2)
year term, the customer must initiate solid waste and recycling sewica with the City of
Denton, puwtrmt to Chapter 24 of the Code ofOrdilWIns.
Wastewater FacHitiu
The proposed annexation area is located within the City of Denton Sewer Service Area as
defined by Certificat£ of Convenience and Necessity (CCN) Number 20072, as issued by
the Public Utility Commission (PUC).
3
As development canmences in these areas, sanitary sewer mains will be extended in
accordance with the provisions of the Denton Development Cale, Water/Wastewater
Criteria Manual, and other city adbrances and regulations. IfnqtHml City lwticipation
in the costs of these extensions shall be in accordance with applicable law, including City
ordinances and wgul&ions. Capa&ity shall be provided consistent with other areas having
similar characteristics oftopognphy, land use, and population density. The City’s sanitary
sewer infrasUu€1ure shall be compatible and consistent with the City’s wastewater master
plan
Upon annexation, sanitary sewer mains and lift stations which are Imated within dedicated
utility easement$ public rights mf.way, or any other acceptable locations approved by the
Director of Water UtiHties, shall be maintained by the City beginning on the effective date
of this ordinance, if installed or improved to City standards as of the effective date of the
annex8tion, and are within the annexed areas.
Operation and maintenance of wastewater facilities and infrastructure lying within the
wwi% area of another water utility will be and remain the nsponsibility of that utility.
Similarly, operation and maintenance of private wastewater facilities will comply with
state and local law, and be maintained to City standards at the expense of the private
property owner.
F.Water Facilities
The annexation area is located within the City of Denton Water Service Area as defined by
Certiacate 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 other City ordinances and regulations. Upon connection to
existing distribution mains, water service will be provided at rates established by city
ordinance.
As new development owurs within these areas, extensions of water distdbution mains if
nquired, cost lwticipation shall be in accordance with the Denton Development Code,
Water/Wastewater Criteria Manual, and with other City ordinances and regulations. Water
sewice capacity shall be provided consistent with service to areas ofthe City having similar
characteristics of topography, land use and population density. The water in&asUuctum
shall be compatible and consistent with the City’s water master plan.
Operation and maintenance of water facilities and in&8structwe that lie within the service
aim of another water utility will be the responsibility of that utility.
Existing developments, business® or homes that are on individual water wells or private
water systems will be allowed to rernain on those systems until a request for water service
is made to the City. Owners of property on which these systems remain must comply with
4
all laws and ordinances applicable to such systems. Requests for services from the City
will be handled in accordance with the City’s ordinances, and applicable utility service Ihe
extension and com@doh policies, in place at the time the nqwst for suvice is received.
G.BIogas and Sfroet3
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. Routirn maintenance will be provided within the annex8don
areas and will tn scheduled as part of the City’s annual program, in accordance with the
cunent policies and procedures defined by ordinance, or otherwise established by the City
Council
Any construction or ncons&uction of streets needed within the annexation area will be
considered on a Citywide basis and within the context of the City’s Capital Improvemmt
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 Cowrcil. 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 Dalton dmhrage facilities will tn provided in accordance
with the Dalton Developmeat Code, associated Stormwater Crituia 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 nrnoe, 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 Owner as nquind to remain compliant with the Denton Development
Code. Any cost participation shall be in accordance with state law, the Denton
Development Ccxle, Stormwater Criteria Manual, and with existing City ordinances and
policies. Drainage facilities extended by the City will have to be a Capital Improvement
Pa)j nt (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 developmarts, businessw or homes that are on existing drainage systems win be
allowed to continue to remain on these systems until a request for drainage facilities is
5
made to the City. Any requests for City improvements to existing drainage facilities will
be handled in wcordance with the City’s ordinanow, and applicable extension and
connection policies, in place at the time the request for improved drainage facilities is
rwc}ved by the City. These will be ranked in the CIP project matrix, in accordance with
the City Drainage Plan.
1.Electric
nIe pn>posed annexation area will be served with elwtdcity distdbution service in the
most costqaective manner; provided, however, that before the Owner, may enter into a
contract with an elntdcity distribution service provide& (i) Owner shall provide the City
with any and all bona 6de offers that Owner has received &om electricity distribution
service providers that can legally serve the Property and (ii) the City shall have 30 business
days to provide to Owner Denton Mmicipal Electric’s (“Dim) oRer to provide
distribution electricity service to the Property; and provided futher, that if DME’s ofFer is
substantially similar to the most cost effective offer Boar another distribution electricity
wwi% 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 oRers provide the approximately the same level of service at approximately the same
start+IP cost to Owner. El@tHe rates applicable to customers within the boundaries of the
Property will be pursuant to the then applicable DME rates as approved by the Denton City
Council
All electricity service oRers will be based upon the following terms:
1.The elecaicity distribution service provider will extend electric distribution
facilities as necessary to serve full development of the Land. 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-vohage electrical cables, transformers,
switchgear, stnetlight poles and LED stnetlight fixtures, strwtlight cables,
singlofamily 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 servioe to the Land.
2.Owner will provi& all on-site public utility ewements to the electricity
disuibution provider that are necessary to protect, install, safety operate and
maintain the electric infrastnrctun, at no cost to the City. PUEs will be 8
foet hr width adjacent to street rightsof.way in single family residential
areas, and 15 feet in width adj went to Primary and Secondary Arterial
right30f-way (20 feet where duct banks are required). E8sements will be
conveyed through the pUtting process unless the electricity distribution
service provider requests an easement tn &8nsfened by separate instrument.
The provider agrees to joint trench installation of other franchised utilities
6
such as telephone, cable tv, fitnr optic cables, or other non.gas utilities
within the designated public utility usements as long as those utilities an
on an edge shelf of the trench and not placed dirutly 8tx)ve the electric
facilities.
3.Existing overhead electric distribution lines, which are located in the public
dghtsof-way, will tn relocated by the electricity distribution service
provider at no cost to the Owner when development adjacent to the existing
electric line requires the line to tn relocated in ordu to acaommod8te thc
adjacent development as long as the relocation is also to an overhead
position. If Owner requests the relocation be pland underground, then
Owner shall be responsible for the difference in cost between the overhead
relocation and the wrderground relocation as reasonably determined and
demonstrated by the electricity distribution service provider. Existing
overhead electric distribution lines not owned by the elcctrkJty 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 q>proved 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 stnet lighting.
5.All new distribution electric genRe within the Land shall be placed
underground except for necessary above ground appwtenances such as
sReetlights, switchgear and transformers. The City shall have the right to
inspect the electric facilities prior to placing such facilities hBo use.
J.?8rks, PlaYgrOund% Swimming Pool9
Residents of the annexed area may utilize all existing park and maution facilities as of
the effective date of this ordinance. The park dedication ordinance shall q)ply to the
annexed area 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.
publicly Owned Facilities. Any publicly owned facility, buildhrg, or service located
within the annexed area, and not otherwise owned or maintained by another govnnmental
entity, shall be maintained by the City of Denton on the effective date of the annexation
ordinance.
L.Permitting and Inspections, Permitting and Inspections shall be obtained through the
City of Denton, as outlined in the Code of Ordinances.
hl Other Semi%. Other servica that may be provided by the City of Denton, such as
muacipal and general administration, will be made available as of the effutive date of the
7
anImation. The City of Denton shall provide a level of sewiws, infrastructure, and
infrastructure maintenance that is comparable to the level of services, inaasbucture, 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 arm
4.UNEFORM LEVEL OF SERVICES IS NOT REQUIRED
Nothing in this Agreement shall nquhe City to provide a uniform level of municipal
services to each area of the City, hnluding the annexed area, if diaerent 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,
(bUyer 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 tn valid for a term often (10) years from the Effective Date.
7.VENUE AND GOVERNING LAW
Venue shall 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.GOVERNMENTAL POWERS. It is understood that by execution of this Agreement,
City does not waive or surrender any of its govemmental powers or immunities.
9.SEVERABELrrY
In case any one or more of the provisions contained in this Agreement shall for any reason
be Md to te invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenfor@ability shall not affect any other provision thereof and this Agreement shall be
considered as if such invalid, illegal, or unenforceable provision had never been eontained
in this Agreement.
10.COUNrERPARTS
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.
8
12.SUCCESSORS AND ASSIGNS
The terms and conditions of this Agreement an binding upon the successors and assigns
of the Parties to this Agreement and stand as obligations running with the land until
satisfied in full, ngndless of how the Property is developed.
13.ENIIRE AGREEMENT; AMENDMENr.
This Agnemalt 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 partia. The Parties stipulate that this
Agrwment does not constitute a permit for development, including under Chapter 245 of
the Texas Local Government Code.
nIe parties have amuted this Agrwrnent on the date first above written.
OWNER cnr OF DENTON, TEXAS
THIS AGREEBiniT HAS BEEN
BOTH REVEBWED AND APPROVED
as to financial and operational
obligations and business terms.
Signature
Department
Date Signed
APPROVED AS TO LEGAL FORM:
Mack Reinw&Id, City Attonny
BY: Susan Keller Fig%+3PM
lbw &ralUeNtt lang
10
MSA
EXHIBIT A
LEGAL DESCRIPTION
BaNG A TRACT OF LAND srruATm B1 THE G[DEON WALKER SURVEY,
ABSTRACr NO. 1330, DENTON COUNTY, TD(AS AND BENG PART OF A CALLED
9.485 ACRE TRACT DESCR£BED IN A DEED TO bfY3 BWESTMENT GROUP, LLC, AS
RECORDED ng UqSTRUMEin NO. 202140354 OF THE OFFICIAL PUBLIC RECORDS
OF DHVrON COUNtY, TEXAS (0.P.RD.C.T.) AND BENG MORE PARTICULARLY
DESCRiBm AS FOLLOWS:
BEGRqNRqG AT A PORfr ON THE WEST LEgE OF SAD 9.485 ACRE TRACT AND ON
THE PRESENr NORTHEAST crrY OF DENrON Ln4rrs LINE, AS DESCRIBED IN
ORDNANCE NO. 86129 AND BERgG 200.00 FEET NORTFDBAST OF AND PARALLEL
TO THE NORTHEAST RIGHT-OF.WAY LINE OF E. McKINNEY STREET (FM 426),
FROM WHICH A \ri” IRON ROD wmI CAP STAMPED 'RPLS 4561” FOUND FOR THE
sotriHWEST CORNER OF SAID 9.485 ACRE TRACr AND ON SAD NORTHEAST
IUGHT-OF-WAY LINE OF E. McKINNEY STREET (TM 426), BEARS SOUIH O'52’49’
WEST, A DISTANCE OF 210.76 FEET;
T}mNC'E NORTH 0'52’49” EAST, WITH THE WEST LnqE OF SAED 9.485 ACRE TRAm,
TO AND wmI THE EAST LINE OF A CALLED 33.104 ACRE TRACT DESCREBED IN A
DEED TO TRACIE MULKEY LAU, CONNIE MULKEY McKEATHEN, VICKIE MULKEY
McQUEEN, AS RECORDED IN iNSTRUMENr NO. 2012-146255, OP.RD.C.T. AND
BENG FURTHER DESCRIBED N VOLUME 659, PAGE 674 OF THE DEED RECORDS
OF DwroN COUVIY, TEXAS (DR.D.C.T.), A DISTANCE OF 603.33 FEET TO A in“
IRON ROD FOUND FOR THE NORTHWEST CORNER OF SAD 9.485 ACRE TRACT
AND THE sourFrwEST CORNER OF A CALLED 15.335 ACRE TRAcr DESCREBED nq
A DEED TO P&M PROPERTEBS, LTD, AS RECORDED IN nqsTRUNEvr NO. 2023-14095,
O.P.R.D.C.T
TFENCE sotrrH 89'00’01” EAST, wrrH THE NORTH LINE OF SAID 9.485 ACRE
TRAm AND THE SOUTH LEgE OF SAD 15.335 ACRE TRACT, A DISTANCE OF 466.23
FEET TO A in” RON ROD FOUND FOR Tin NORTHEAST CORNER OF SAID 9.485
ACRE TRACT AND THE NORTHWEST CORNER OF LOT 1, BLOCK A OF STARLIGHT
SIGNS ADDITION. AN ADDITION TO THE CITY OF DnfroN, DwroN COUNTY,
TEXAS ACCORDING TO THE PLAT THEREOF RECORDm IN INSTRUMmVr NO. 2013-
35, 0.PR.D.C.T.;
THENCE SOUIH 1'09’38” WEST, wrrH THE EAST LnqE OF SAID 9.485 ACRE TRACT
AND THE WEST LUiE OF SAD LOT 1, BLOCK 4 A DISTANCE OF 756.11 FEET TO A
PORn ON SAID PRESEVr NORTHEAST CITY OF DwroN Ln41TS LINE AND BEING
200.00 FEHr NORTHEAST OF AND PARALLEL TO SAD NORTHEAST RIGin-oF-wAY
LINE OF E. McKINNEY STREET (FM 426) FROM WHICH A 1/2” IRON ROD WITH CAP
StAMPED (iLLEGIBLE) FOUND FOR THE sourIEAST CORNER OF SAD 9.485 ACRE
TRACT AND BEING ON SAID NORTHEAST RIGHT<)F-WAY LINE OF E. McKINNEY
STREET (FM 426), BEARS SOUIH 1'09’38” WEST, A DISTANCE OF 210.42 FEET;
11
l}nM'ENORT}{ 70'44’02” WEST, OVER AND ACROSS SAID 9.485 ACRE TRACT,
200.00 FEET NORTHEAST OF AND PARALLEL TO SAID NORTHEAST RIGHT-OF-WAY
LINE OF E. McKINNEY STRUT (TM 426), A DISTANCE OF 487.41 FEET TO THE
PLACE OF BEGINNING AND coNrAINnJG 7.250 ACRES OF LAND.
12
MSA
EXHUBITB
LOCATION MAP
J
unp
Site LocatIon
Site LocatIon
MI %Mca?mr
4a
13
EXHIBrr C
ANNEXATION SCHEDULE
Annexation
08a2n023
lo/18a023
Petition for Annexation submitted
Deadline to subaat notice to Denton Record Chronicle and City Website for
publication before the 17tt’ day before the public hearing on November 7, 2023
(ymbhstud on &rtwday, October 21, 2023)
11/020023
ll/07n023
Deadline to submit backup for posting of City Council Agenda for Regular Meedng
on October 21, 2023
Annexation Municipal Service Agreement – IC (Required prior to annexation per
43.0672),
Annexation Public Huring – PH My one public hearing is required per
43.0673),
AND
First Reading of annexation ordinance – IC (per City Charter)
11/1 ln023 Publish Ordinance in the newspaper (Charter Sec. 1.03; cannot be acted on for 30
days)
12/12/2023 CC by 4/5ths vote takes final action – IC (Regular meeting)
Second Ruding of annexation ordinance.
Adoption of annexation ordinance pa days+ post publication per Charter Sec.
1.03)
Po$t-Annwatioq Adoption Procedures:
1.
2.
3.
4.
5
6
Notification to Compbona
Notification to DOJ
File certified copy of ordinances with the Denton County Clerk
File certified copy of ordinances with the Denton CAD
Revise City Map
Noti8' Utilities (Customer Service) utilitybilling@cityofdenton.com
Page 5