HomeMy WebLinkAboutA26-0005aCity of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Department of Development Services
ACM: Kenneth Hedges
DATE: August 18, 2026
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas regarding the issuance of a Services
Agreement, pursuant to Tex. Loc. Gov. Code Sec. 43.056, for property owned by Jay Edwin West for the
provision of city services to approximately 3.27 acres of land, generally located on the north side of Ganzer
Road, approximately 2,497 feet north and east of Chinn Road; authorizing the City Manager to execute the
Plan; and providing an effective date. (A26-0005a, West Annexation, Ashley Ekstedt)
BACKGROUND
The owner, Jay Edwin West, (hereafter referred to as “Owner”), had a non-annexation agreement (ordinance
2016-120), which expired on August 1, 2020. Pursuant to Council direction, the City corresponded with the
Owner on multiple occasions, including April 23, 2024, June 13, 2024, and July 2, 2026, to offer a new
annexation agreement, but the Owner has not responded. By operation of the expired non-annexation
agreement, the Owner has filed a written petition with the City for voluntary annexation of approximately
3.27 acres generally located on the north side of Ganzer Road, approximately 2,497 feet north and east of
Chinn Road (hereafter referred to as “Subject Property”).
In accordance with State Law, Non-Annexation Agreements (NAAs) were initially offered to property
owners between 2010 and 2016 when the City was in the process of annexing land area within the Extra-
Territorial Jurisdiction (ETJ). Texas Local Government Code Section 43.016 requires municipalities to
offer NAA agreements to property owners of land area the City is interested in annexing if that land area is
appraised for tax purposes as having agricultural, wildlife management, or timber use. In addition, the City
also offered NAAs to properties used as single-family residences. NAAs entered into during this initial time
period had an original expiration date of August 2020. In 2020, City Council directed staff to offer
extensions of the NAAs to August 2040. In accordance with State Law, the total duration of the NAA shall
not exceed 45 years.
The general requirements of the NAAs are as follows:
x The property may only be used for single-family residential, agricultural, wildlife, timber, or related
uses.
x City of Denton regulations apply to proposed development.
x Development applications and building permits must be submitted and approved through the City
of Denton.
x Land may be subdivided into smaller parcels via plating, provided the minimum lot size is at least
5 acres.
x Notification must be provided to the City if the property is sold.
x Properties with agriculture, wildlife management, or timberland exemptions are required to provide
notice to the City if there is a change in exemption status.
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
x If the property owner does not abide by these requirements, or if the NAA expires, the City may
proceed with annexation of the property.
Following Council direction in 2020, staff began engaging with property owners with expired NAAs in an
effort to enter into new agreements with 2040 expiration dates. Between 2020 and 2021 a majority of
property owners with expired NAAs entered into new agreements; however, 21 NAAs remained expired.
When the Owner entered into the initial NAA in 2016, Texas Local Government Code under Subchapter
C-3 (TXLGC Sec. 43.052) required a municipality that elects to annex an area must first adopt a Service
Agreement under which the municipality agrees to provide full municipal services to the annexed area.
Therefore, the City is also taking action to issue this Service Plan pursuant to TLGC 43.056 to explain the
process by which full municipal services will be provided to the Property. The attached Service Agreement
contains the City’s standard Service Plan for annexations regarding streets, water, wastewater, police and
fire protection, and park services.
Approval of this Service Plan is the second of several steps required for a voluntary annexation based upon
the requirements of TXLGC Sec. 43.0672 and the City’s Charter as outlined below:
1. Approval of a Municipal Services Agreement
2. Approval of a Service Plan
3. Annexation Public Hearing
4. First Reading of Annexation Ordinance
5. Publication of Annexation Ordinance
6. Second Reading and Adoption of Annexation Ordinance
The first four of these items are on this agenda, with this being the second required step in the process.
Following the first reading of the annexation ordinance, the ordinance must be published in the newspaper,
and the second reading is required to occur at least 30 days following ordinance publication.
The subject property is situated on the north side of Ganzer Road, approximately 2,497 feet north and east
of Chinn Road. The property to the north, east, and west of the subject property are situated within the City
of Denton’s Extraterritorial Jurisdiction (ETJ) and have signed an NAA. The property to the south of the
Subject Property also has an expired NAA. Ganzer Road, to the south of the Subject Property, is a residential
street.
The Future Land Use designation for the subject property is Agriculture. The description for this Future
Land Use category is provided below:
This category denotes areas that have large tracts of land in active agriculture uses for preservation,
including ranchland, field crops, and other similar agricultural uses. This may also include rural
commercial uses, alternative energy generation, and accessory structures to support agricultural uses
and uses that support agritourism. This category may include large lot residential (a maximum of
one unit per ten acres). This land use may allow lots as small as one acre under the gross density
provision to allow for conservation development which clusters smaller lots while permanently
protecting scenic rural open space (through conservation easements). Residential development in
this future land use category will continue the present character of the rural and agricultural areas
of Denton with low-profile homes of no greater than two stories, generous lots and setbacks, and
materials that complement the natural surroundings and ranch heritage.
The Subject Property is not currently being served with City water or sewer.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
Apri; 5, 2016 City Council Non-Annexation Agreement Approved
Recommendation:
Staff recommends approval of the Service Plan.
OPTIONS
1. Approve
2. Deny
3. Postpone Item
EXHIBITS
Exhibit 1 - Agenda Information Sheet
Exhibit 2 - Site Location Map
Exhibit 3 - Draft Service Plan
Exhibit 4 - Presentation
Respectfully submitted:
Hayley Zagurski, AICP
Planning Director
Prepared by:
Ashley Ekstedt, AICP
Assistant Planner
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A26-0005
Aerial Site Location
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Feet
“This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location ofproperty boundaries. Although every effort was made to ensure the accuracy of this data, no such guarantee is given or implied. Utilization of this map indicates the understanding that there is no guarantee to the accuracy of this data.”
COD
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NAA 8/1/20
NAA 8/1/40
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Date: 7/10/2026
Page 4
EXHIBIT A
LEGAL DESCRIPTION
Being 3.5 acre tract of land, more or less, situated in the John Stewart Survey, Abstract No. 1150,
Denton County, Texas, more fully described that General Warranty Deed dated September 30,
2019, from James Neal West, Independent Executor of the Estate of Edna Marlene West, Deceased
to Jay Edwin West, filed for record on September 30, 2019, and recorded in Instrument No. 2019-
123375, of the real property records of Denton County, Texas; SAVE AND EXCEPT that portion
lying within the existing City of Denton limits, leaving a called 3.27 acre tract, commonly known
as DCAD Property ID 37479.
Page 5
EXHIBIT B
Service Plan
1
SERVICE PLAN
This Service Plan ("Plan") is issued this August 18, 2026 by the City of Denton, a Texas
home-rule municipality (“City”), in relation to the annexation of property owned by Jay Edwin
West (hereafter referred to as “Owner”).
RECITALS:
WHEREAS, the Owner owns the tract of land, totaling approximately 3.27 acres of land
located in the City’s extraterritorial jurisdiction, as described in Exhibit A and depicted in Exhibit
B, incorporated herein by reference (“the Property”); and
WHEREAS, the Property is subject to that certain Non-Annexation Agreement Non-
Annexation Agreement Chapters 43 and 212 (the “NAA”) approved by the City Council of the
City of Denton on December 13, 2012 via Ordinance (2016-120), and duly recorded in the Denton
Real Property records on January 8, 2012 via document id 2013-2545; and
WHEREAS, the NAA expired on August 1, 2020, and, pursuant to direction from City
Council, Staff contacted the Owner on April 204, 2024, June 13, 2024, and July 2, 2026, to offer
an updated NAA with an expiration date in 2040;
WHEREAS, the Owner has not responded to Staff’s contact attempts; and as a result,
Staff are proceeding with the Annexation Case no. A26-0005d (“Annexation Case”) under consent
annexation processes authorized by Texas Local Government Code (“TLGC”) Sec. 43.0671 et
seq ; and
WHEREAS, TLGC 43.0672 requires City and the Owner to negotiate and enter into a
written agreement for municipal services; and the Municipal Services Agreement for the
Annexation Case was approved on August 18, 2026 via Ordinance A26-0005; and
WHEREAS, City values procedural due process in every formal action it takes;
therefore, out of an abundance of caution, City is also undertaking to issue this Service Plan
pursuant to TLGC 43.056 to explain the process by which full municipal services will be
provided to the Property; and
WHEREAS, The Service Plan is issued by the City and does not require the Owner’s
participation; and
NOW THEREFORE, in consideration of the mutual covenants, conditions, and promises
contained herein, City and Owner agree as follows:
1. PROPERTY. This Plan is only applicable to the Property, which is the subject of the
Annexation Case.
2
2. INTENT. It is the intent of the City that this Plan 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 Plan, “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.
Pursuant to TLGC 43.056(g), municipal services will be provided to the Property with 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 municipality with similar topography, land use, and population density.
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. Normal patrols and responses;
2. Handling of complaints and incident reports;
3. Special units, such as traffic enforcement, investigations and special
weapons; and
4. Coordination with other public safety support agencies.
As development commences 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:
1. Fire suppression and rescue;
2. Pre-hospital medical services including triage, treatment and transport by
Advanced Life Support (ALS) fire engines, trucks and ambulances;
3. Hazardous materials response and mitigation;
3
4. Emergency prevention and public education efforts;
5. Technical rescue response; and
6. Construction Plan Review and required inspections.
Fire protection from the City of Denton shall be provided to the 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.
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:
1. Emergency medical dispatch and pre-arrival First Aid instructions;
2. Pre-hospital emergency Advanced Life Support (ALS) response; and
transport;
3. Medical rescue services.
Emergency Medical Services (EMS) from the City of Denton shall be provided to the
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,
4
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).
Connections to existing City of Denton wastewater distribution mains for wastewater
service will be provided in accordance with the Denton Development Code, associated
Water/Wastewater Criteria Manual, and existing City ordinances and policies. Upon
connection to existing distribution mains, wastewater service will be provided at rates
established by city ordinance. Owner will provide all on-site public utility easements that
are necessary to protect, install, safely operate and maintain the wastewater infrastructure,
on a form acceptable to the City, and at no cost to the City.
As development commences on the Property, sanitary sewer mains will be extended in
accordance with the provisions of the Denton Development Code, Design Criteria Manual,
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).
5
Connections to existing City of Denton water distribution mains for water service will be
provided in accordance with the Denton Development Code, associated Design 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, Design 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. Owner will provide all on-site public utility
easements that are necessary to protect, install, safely operate and maintain the water
infrastructure, on a form acceptable to the City, and at no cost to the City.
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 will be evaluated and scheduled within the
yearly budgetary allotments by the City Council.
H. Drainage
6
Connections to existing City of Denton drainage facilities will be provided in accordance
with the Denton Development Code, associated Design 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.. 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.
Owner will provide all on-site public utility easements that are necessary to protect, install,
safely operate and maintain the drainage infrastructure, on a form acceptable to the City,
and at no cost to the City. These will be ranked in the CIP project matrix, in accordance
with the City Drainage Plan.
I. Parks, Playgrounds, Swimming Pools
Residents of the Property may utilize all existing park and recreation facilities as a resident
of the effective date of this ordinance. The park dedication and development ordinance
shall apply to the Property for new 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.
J. Publicly Owned Facilities. Any publicly owned facility 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.
K. Permitting and Inspections. Permitting and Inspections shall be obtained through the
City of Denton, as outlined in the Code of Ordinances.
L. 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
7
topography, land use, and population density similar to those reasonably contemplated or
projected in the area.
4. UNIFORM LEVEL OF SERVICES IS NOT REQUIRED
Nothing in this Plan 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.
6. EFFECTIVE DATE; TERM
The effective date of this Plan is the date of the annexation of the Property. This Plan shall
be valid for a term of ten (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 Plan 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 issuance of this Plan, City does
not waive or surrender any of its governmental powers or immunities.
9. SEVERABILITY
In case any one or more of the provisions contained in this Plan 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 Plan shall be
considered as if such invalid, illegal, or unenforceable provision had never been contained
in this Plan.
11. CAPTIONS
The captions to the various clauses of this Plan are for informational purposes only and
shall not alter the substance of the terms and conditions of this Plan.
12. SUCCESSORS AND ASSIGNS
The terms and conditions of this Plan are binding upon the successors and assigns of the
Owner and stand as obligations running with the land until satisfied in full, regardless of
how the Property is developed.
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The City hereby issues this Service Agreement on the date first above written.
CITY OF DENTON
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.
_________________________
Signature
_________________________
Title
_________________________
Department
Date Signed: ______________
APPROVED AS TO LEGAL FORM:
Mack Reinwand, City Attorney
By:
___________________________________
k RRRRRReieeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeenwand, City Attorney
______________________________________________________________________________
11
EXHIBIT A
LEGAL DESCRIPTION
Being 3.5 acre tract of land, more or less, situated in the John Stewart Survey, Abstract
No. 1150, Denton County, Texas, more fully described that General Warranty Deed
dated September 30, 2019, from James Neal West, Independent Executor of the Estate
of Edna Marlene West, Deceased to Jay Edwin West, filed for record on September 30,
2019, and recorded in Instrument No. 2019-123375, of the real property records of
Denton County, Texas; SAVE AND EXCEPT that portion lying within the existing City of
Denton limits, leaving a called 3.27 acre tract, commonly known as DCAD Property ID
37479.
12
EXHIBIT B
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