HomeMy WebLinkAbout2009-044$:bur Dm,mmu`OrdinmccSD8W08-OOOlb.dm
ORDINANCE NO: z&e?— I)L `7-
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING BY CONSENT TWO
TRACTS OF LAND CONSISTING OF APPROXIMATELY 865.92 ACRES, CONTIGUOUS
AND ADJACENT TO THE CITY OF DENTON, GENERALLY LOCATED IN TWO
DISTINCT AREAS, THE FIRST AREA (ANNEXATION AREA #1) BEING
APPROXIMATELY 23.23 ACRES IN SIZE, AND GENERALLY LOCATED BETWEEN
THE CITY'S CURRENT NORTHERN CITY LIMITS AND LAKE RAY ROBERTS, SOUTH
OF FM 2153, AND THE SECOND AREA (ANNEXATION AREA #2) BEING
APPROXIMATELY 842.69 ACRES, AND GENERALLY LOCATED EAST OF FM 2164
AND NORTH OF SHEPARD ROAD; APPROVING A SERVICE PLAN FOR THE
ANNEXED PROPERTY; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE
DATE (A08-0001).
WHEREAS, Pursuant to Section 43.061 of the Texas Local Government Code, home rule
cities are authorized to annex areas that are not required to be in an annexation plan; and
WHEREAS, on or about December 10, 2008, the Planning and Zoning Commission
recommended approval of the annexation legally described in Exhibit "A", attached hereto and
incorporated herein by reference (the "Property"); and
WHEREAS, this annexation is authorized under the annexation procedures for areas
exempted from the municipal annexation plan; and
WHEREAS, the City Council finds that any areas caused to be entirely surrounded by,
but not included within, the City of Denton, Texas as a result of this annexation, are so
surrounded in the public interest; and
WHEREAS, the City Council finds that all required notices were given in the time and
manner required by law; and
WHEREAS, public hearings before the City Council were held in the Council Chambers
on December 2, 2008, and December 9, 2008 (both days being on or after the 20th day but
before the 40th day of the date of the institution of the proceedings), to allow all interested
persons to state their views and present evidence bearing upon this annexation; and
WHEREAS, annexation proceedings were instituted for the property described herein by
the introduction of this ordinance at a meeting of the City Council on January 6, 2009; and
WHEREAS, this ordinance has been published in full one time in the official newspaper
of the City of Denton on January 18, 2009, after annexation proceedings were instituted and 30
days prior to City Council taking final action, as required by City Charter; and
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WHEREAS, the City Council finds that the annexation will allow the city to ensure
development consistent with The Denton Plan; 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 Property is hereby annexed to the City of Denton, Texas.
SECTION 3. The service plan, a copy of which is attached hereto and made a part hereof
by reference as Exhibit `B" (the "Service Plan"), which provides for the extension of municipal
services to the Property, is approved as part of this ordinance. The Service Plan was made
available for public inspection and explanation to the inhabitants of the area being annexed at the
above described public hearings.
SECTION 4. Should any part of this ordinance be held illegal for any reason, the
holding shall not affect the remaining portion of this ordinance and the City Council hereby
declares it to be its purpose to annex to the City of Denton all portions of the Property lawfully
annexed regardless of whether any other part of the Property is declared not to be lawfully
annexed into the City. If any part of the Property is already included within the city limits of the
City of Denton or within the limits of any other city, town or village, or is not within the City of
Denton's jurisdiction to annex, the same is hereby excluded from the territory annexed as fully as
if the excluded area were expressly described in this ordinance.
SECTION 5: This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the /g - day of , 2009.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
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APPROVED AS TO LEGAL FORM:
Exhibit A
Tram: L.
BetrtB eU that am in fat: V= crpacel of Lad slto W in the W. A. Tbompeoa Smsny, AWUW
Nlsmba 1239 In Dmtm C=9y, Taw, b ftaU ofLots S, 6 sad 1, 8bek3=d sU ofLM 7.8. 9,
I0 ik IL B16d.5 of L&ko � Ilataua. ac A-,4&9an to Doetoa Comfy, Ti row to tie
--'ptc lheesafm=W ht CabindF. Pages 350, Ptat l wo* Dtmtoa Cauatp, Trra, and bdeg mate
pudwIft desaamw s faau=
BeSatnhog st m fan and tund fbr amw is to Baa Has of Lake Ridge took, an mlmprovad
pnbtie zosdway h:vta6 a ttg�.v+yof 60A ibetaadia the Sot�Um of'Fa:m'to-hQ>:bet BEghw�y
Na¢*w2133. apabra madwq+Uft ae*-c"ay of 90A feet, aid yototbeing ftNwgrwaa
oama afaaid Lot 7, Block S of add Labe Ridge Estes;
Tbcw Socth W W 170 Bast, 2f S.l I fief wilt said Satoh line dadd F Mowq
to m from rod. fam+d fa tom, aid point being the Northast aomar of nid Lot 7;
Thmace South 010 39' 12' We4136LIS fad with to Bat be of add Bioob S ad 3 to a fbnra
wing fbr=M and paint blkl Me Saatheaat Wma of Wd to 7 In acid Blodt 3;
Tb=cN*ab 87° 33k0S' WcA317.70 fadwtth tbeSoul Una dsddBfad3 toatrmmd wfar
comer,
Than Nmeh Sr $Ek UP West, 269.70 tact adth aid Souk line of todd Black 3 m m Iron rod set
flu gamer, add point bedag the Socthnat aonsw dLot 4 m tall Black 3;
Thence Neath mo v IT su-; mop f at vA6 tbs Bast lino of add Lot 4s Block 3 W as hau rod
set for wascr to the South be of saidLake Ridge Chele;
Tbrme South OrWW Sant, M31 t'eetwdb said Boob Hen ofald Lab RWpClrcle m an ima
rod set the comer .
Tbeaoe slog the sec of a curve to the W having a antral aagte of 2104 W W, a min of 610
fact, ao are Rao d219.95 lack whose dwrd bears Noah 4T W W Brit, 11S.90 trot v t& add
South 11ne dug Labe Rtdp Chda to mi= sod set tbreattur
7l 0=Nm* 01039112a Sari, 997A6fed wllh the BatRio duULab R14p Chdeto Me Place
dBegknittg tied amblaIng RM saes d1s4 m= to las.
tore" -Z 7W
Being aU tint cut& IK tdta or pond of kal situated to the W. A. Tbomptmt Sm+'ay Abs=
Number MO ha Deotae CmW. Tons, beinS AU dLot, 1. 2,3 and 4. Block dLab Ridge
Batatca. an addidm to Deamm tmty, Teas aearordito the plat tared 4 In Cabinet F.
Page 330. Plat Recank Damon Codwyk Tea; ad being man pud=la* dnm2w a Now.
Begimdmgataafronrad talbscoaeaht tbs Wast line ofLake Ridge Cieeiiq, mnaimgaavadpahUa
roadway havhtg a rtgbacf-way d6U feet, said polar b du Me SmAcammmar dlm S fn aid
Blod S of add Labe Riche BMIM
TbimSou t01•STtrWed,67 Efecwld<acidWetUmdsddLalmRfdgoClicktomim
god an far enact; said potat being the So ftw aoemr doW Got I in still RIaeit S;
Thence NM6 ST ST 3V Went, 239.02 feetwf@ the Haub Une of" Lake Ridge Chu to m from
rod act fbt ecma sdd ;clan being to Sco.dust coma of Lot 15, Elm& 4 of sdd lake Ridge
--1'hmCa North OI.39k 12' Ear. 672.80 feet wttb the East Um of tttd BIo� 4 to sa fraa rWt at for
eomc; aid polar beta{ rho SottthWM Fauna ofaatd Let S ip sold Bloat S;
Theme Sou& ST Sr 3V Bar. 239.02 fad wfth *A Sao& Ilan of mild lot 3 to aid Black 3 to On
FbmefBeghoniagand eoMo 4.001saesafim4gadmgchetwlrbtRf WayBasoame
sasmftW�0.I1 Mar f LmS� RBlockd.NLallmm Cdft UpEstao—C.PhtUipaovetand
Page 4
FRO NOTES b a8 W cubb Wdfaed dLgod h fhe WA Thonpon 8rrn►ey, Abft Uft 124
Denbn CO", Texas and be id.of b WW JOW aae brad desatbedin deed hm HjW C.
Stm�rrn� to Dona lee Sp betwL Auabrme 93 p* 97t djie owRev* Cf ka'
Texas as =rt¢edandooa�ie an tfiegroan fhesecf #adbebg,►aae�
descx�ed.as fob _. .
BE ND b 1* WbW mw of b hd beN des W ht at a ' iron rod bW tome
Nor m" comerdsafd t0,000 sae fradatbe lest cmwdLot 7 ht Rd 5 ctLake e E
an Wft p Dedoncoo, t b PkIWW ooft CabirartFPap t70dfiPki -
Rwds of Dft C Tess$ sib rod bON onbe Sorb #4okR &W 2IR
THENCE Nark 88 &M 37.FbM49 seoa 4. EmtA ftle sit b Uld and NA bofaatd
10.000 am abnyand nearallo a distance d317.49 W ba capped iron TW sdtrh Mat
dseid t0,000 aae� . .
TOCE Soh Otdgm 12 ad *s 33 senor& East 4 the EM h fle W abng and a Wag'
dance of 1371,78 feat a wood oamerpWtr tWooc * $ciu t cornerof said 19,000as�
TfiENCE W 89 degrees 05rrnn W 07 omrY�asEw gw Sow ire ft dabr>9 and r�ra fence
a dW= d318.21 fm h�a T im rod fow►d for fiw Smbgd of sad t0.000 woandh
btWowof Ld 7 in W3 of sell E
TOM NortJti 01 degrees 10 mhm 44 seoar6tNestwfi the East On d sad EAM and wed Ind
said i0.000 arxes abng and near afence a of 136�,25 fed m th$ PEACE QFl3EGIiG a� .... .
endostrg 10.00 saes of fond more orless
Page 5
BEING all that cmlWn tract of land situated In the P. G. YARBROUGH SURVEY, ABSTRACT NUMBER
1447. Denton County, Texas and b*o d of a Cded 219L73 acre tract of land deaattied In the Deed from
Ckm Thrdw Tostamerfty Trust to G Dean Darla ahs.*cooed In Inabhunerd Nhanbahr 2MM 12203 of the
Real ftpeft Records of sold CwxW. the sut> W treat bateg shore partiadarty dem bed as folowc
BEGMNM at a 112 bheh ion rod found In the Fast UM of FM 2184 for the Nat*MM corrherof sold Dean
tract and the Southwest axner of a caged 643295 ace tract of land dwafbW in the Deed tram Ran
Red ft Tmslaa of the Nary Lou Ramp Granmr 7W to Dan Reding as mcarded b Volume 44K Page
2M of said Real Praparpr fieowft
THENCE North 88 degrees 59 mtmrtm 28 seconds Esd with the South Urn tharecf and the Nath Bne of
an
the East M* of s� aavey far Sautteast oomm d UM feet to a wood fence sorter post found on
Dean tract and batkp the West Nne of a R�rp tract and the NoNhehast wrnar of said
gravel road pouted as lndlen WeOs;
PMNCE South 00 d� 42 mbhtates 54 eehxtrhda Ent with the wet Im thereof and the Eon In of
sold arm and the Ead We of sold Dean tract along and near a douWs feriae a distance of 2M.70 feet
tq capped 112 k0 tan rod sad In the band of an ash road pasted as &lb* Sprinpa Road and
mmads to Bald trdtan Wa Road far the Southeast ow.m of seld Dean took
THENCE South M deem 05 minutes 32 saxor* Wed with ft Smdh lane thereof Mind hhtap or near
the middle of sold Gdbbte Spr4hpa Road pesabp an artele to the Northwest to scald road at 2M het ad
ooatrhutrp elothg scald t oum a toW distance a 3028.04 feel to a capped in hhch trap red set to a fence In
the ocaupled west Om of &tad surrey Hu the Boikmmat axh nw of seld Dam Mani
THENCE North 00 dewees 67 minutes 20 seconds West with the Walt the d eof pahesing geld armhla
Springs Road M 43 teat and MftlbV along said rxh m a towl distance of 1884.22 het to maW fethoe
comer poet fohehd for to Hortheast can ofa caked 1ti.00 snore tract of tend desar bed In the Deed to
Babble J. Trfetach ore r000rded In VoMat►e.SM Page 40 of Bald Real Property Records;
THENCE South 89 degrees 23 mb utes 13 aaconds West Wth the North be ftnof and a South puce of
said Dann tract atop and now a fence a dbadncs of 125LT0 (set to a xrte tamp awns post for the most
west* Southwest cornier of said Dean tract and the Foirtiom corner of a c" 0.861 we trod of taunt
desarribed In the Deed from Mortgage 13edmrfo RegtsMatan Systems, Into. to Household Rom Corp. 1p
as recorded In Number 2ON44 82 of Bald Rend PropwV Raeoeds; .
THENCE North 00 degrees 48 mbutes 60 seconds West with the East One tthm ands West One of eeld
Dean tract slap scud near a fw= o dicta= of 487.Ti feet to a it18 badh bon rod fond fa the.North . .
comer of veld 0.881 we tract In the East Me of said FM 2184 at the bagtrudrp of a saw to the left
heft a � feat and a chord bearing and �e of North 00 decgreea 80 mhutas 28
secondi
THENCE &tong sed curve wlah said East One of FM 2164 an are dift= of 122M fast is a wood ROW
rtharlher, .
THENCE North 00 daged ST mhutes 01 seooeds West wt h the East Rea of FM 2154 and a Wast Otte of
Bald Dean tted a dWlsrhoa of MM feet m fro PLACE OF BEGMING and ww1caft 219A78 saes of
land more a less.
Page 6
A
l aal Description 6f the White Cake Property
311.606 ACRES
BEING a 13,573,541 square feet or a 311.606 acre trad of land situated In the P. Yarbrough
Survey, Abstract 1447 the J. Morton Survey, Abstract 792, the J.W. Jagoe Survey, Abstract
1640, and the W. Norment Survey, Abstract 965, Denton County, Texas, and being part of a
called 623.21 acre tract of land. conveyed to White Cake Denton, LP by deed recorded In
County Clerk File No. 05-141620, Deed Records of Denton County, Texas, and being more
particularly described as follows:
BEGINNING at a point in the east line of Farm Market Road 2164 (FM 2164), said point
being the southwest comer of Wild West Addition -recorded Cabinet G, Page 150, Plat
Records of Denton County, Texas and the most westerly northwest comer of the said White
Cake Denton, L.P. tract..
THENCE, N 89046'44' E, departing the east line of FM 2164 and with the south line of the
.said Wild West Addition and the north line of the said White Cake Denton, L,P tract, a
distance of 1,385.03 feet to a point for a comer;
THENCE, S 00P12'04' W, departing the north line'of the said White Cake Denton, L.P. tract,
a distance of 2,807.'44 feet to.a point for a comer,
THENCE, N 89114452' E, a distance of 1,592.14 feet to a point for a comer in the east. line of
the said White Cake Denton, L.P tract and the west line of a called 21.929 acre tract of land
conveyed to Gregory Egner, Jr. -by deed recorded in County Clerk File No. 96-0049242,
Deed Records of Denton County, Texas;
THENCE, S -00002'210 W, a distance of 1,829.44 feet to a point for a comer, said point
being the most southerly southeast comer of the said White Cake Denton, LP tract and the -
northeast comer of a called 219.73 acre tract of land conveyed to JNC Partners Denton,
LLC by deed recorded in. County Clerk File No. 06-39463, Deed Records of Denton County,
Texas;
THENCE, S 89°44'62" W, with the south line of the said White Cake Denton, L.P. tract, a
distance of 4,292.79 feet to *a point for a comer east line of Farm Market Road 2164 (FM
2164), said point being the southwest comer of the said White Cake Denton, LP tract and
the northwest comer of the said JNC Partners Denton, LLC tract;
THENCE, the following courses and distances with the with the east line of FM 2-164:
N 01'34'03' E, a distance of 1,147.:12 feet to an angle point;
N 15°3613' E, a distance of 103.08 feet to an angle point;
Page 7
r
N 01 °34'03' E, a distance of 951.10 feet to the beginning of a curve to the right
with a central angle of 17026'23', a radius of 1,078.30 feet, a chord bearing of N
08°28'31' E and a chord distance of 326.34 feet,
Northeasterly, along said curve, an are distance of 327.60 feet to the end of said
curve;
N 06036'33' E. a distance of 101.94 feet to the beginning of a curve to the right
with a central angle of 33*47293, a radius of 1,101.30 feet, a chord bearing of N
39017'35' E and a chord distance of 640.14 feet;
Northeasterly, along said curve, an- arc distance of 649.51 feet to. the point of
tangency;
N 58OW31 E, a distance of 404.80 feet to the beginning of a curve to the left with
a central angle of 55017'01', a radius of 1,186.3D feet, a chord bearing of N.
28032'50' E and a chord distance of 1.100.75 feet
- Northeasterly, along said curve, an arc distance of 1,144.64 feet to the point of
tangency; .
N 02°43' 01' E, a distance of 333.40 feet to the Point of Beginning.
311.606 ACRES
BEING a 13,573,518 square feet or a 311.505 acre tract of land situated in the P. Yarbrough
Survey, Abstract 1447 the J. Morton Survey, Abstract 792, the J.W. Jagoe Survey, Abstract
1640, and the W. Norment Survey, Abstract 965, Denton County, Texas, and being part of a
called 623.21 acre tract of land conveyed to White Cake Denton, LP by deed recorded in
County Clerk File No. 2005-141820, Deed Records of Denton County, Texas, and being
more particularly described as follows: . . .
COMMENCING at a point in the east line of Farm Market Road 2164 (FM 2164), said point
being the southwest comer of Wild West Addition recorded Cabinet G, Page 150, Plat
Records of Denton County, Texas and the most westerly northwest comer of the said White
Cake Denton, L.P. tract; Thence, N 89046'44' E, departing the east line'of FM 2164 and
with the south line of 'the said Wild West Addition and the north line of the said White Cake
Denton, L,P tract, a distance of 1-,365.03 feet to the Point of Beginning;
THENCE, N 89046'44' E; continuing vAth the south line .of the said Wild West Addition, a
distance of 200.01 feet to a point for a comer, said point being the southeast comer of the
said Wild West Addition;
THENCE, N 00012'04' E, with the east line of the said Wild West Addition, a distance of
1,460.86 feet to a point for a comer, said point being the most northerly northwest comer of
the said White Cake Denton, L.P. tract;
THENCE, N 89048'35' E. a distance of 2,690.63 feet to a point for a comer, said point being
the most northerly northeast comer of the said White . Cake Denton, L.P. tract and the
northwest comer of a called 10.183 acre tract of land described in deed recorded in County
Clerk File No. 2003-203333, Deed Records of Denton County, Texas;
THENCE, S 00°23'08' E, with the west line of the said 10.188 acre tract, a distance of
1,175.51 feet to a point for a comer;
THENCE, N 89048'35' E, with the south line of the said 10.186 acre tract, a distance of
741.12 feet to an angle point; .
THENCE, N 89°24'17"E, continuing with the south line. of the said 10.186 acre tract, a
distance of 5.09 feet to a point for a comer; said point -being the most easterly northeast
comer of the said White Cake Denton, L.P. tract and the most westerly northwest comer of a
called 1898.19 acre tract of land conveyed to JNC Partners Denton, LLC by deed recorded
in Document No. 2004-51648, Deed Records of Denton County, Texas;
THENCE, S 00001'410 W, a distance of 2,750.28 feet to a point for a comer, said point being
the northeast comer of a called 44-318.acre tract of land conveyed to Gregory; Jr. by deed
recorded in County Clerk Fife No. 96-0049242,'Deed Records of Denton County, Texas and
the southeast comer of the :said Morton survey;
THENCE, N 86042'20' W, with the north line of the said Egner tract, passing the northeast
comer of a called 21.929 acre tract of land conveyed to Gregory Egner, Jr. by said deed
recorded in County Clerk File No. 96-0049242, Deed Records of Denton County. Texas,
continuing in all a distance of 2,069.34 feet to'a point for a comer,
THENCE, S 00002'21' W, with the west line of the Egner tract, a distance of 466.61 feet to a
point for a comer,
THENCE, S 89044'52" W, a distance of 1,592.14 feet to a point fora comer,
THENCE, N 00012'04' E, a distance of 2,807.44 feet to the Point of Beginning.
Page 9
CITY OF DENTON SERVICE PLAN FOR
A08-0001 JNC Properties Annexation
I. AREA ANNEXED
The area to be annexed comprises approximately 865.92 acres of land adjacent to the City of
Denton, Texas, located in the northeastern area of the City's Extraterritorial Jurisdiction
(ETJ), Division 1. The proposed annexation is in multiple ownerships, and consists of two
distinct areas, as shown on the attached location map. The first area (annexation area #1) is
approximately 23.23 acres in size and is generally located between the City's current
northern city limits and Lake Ray Roberts, south of FM 2153. The second area (annexation
area #2) is approximately 842.69 acres and is generally located east of FM 2164 and north of
Shepard Road.
H. INTRODUCTION
This service plan has been prepared in accordance with the Texas Local Government Code,
Sections 43.021, 43.065, and 43.056(b)-(o) (Vernon 1999, as amended). Municipal facilities
and services to the annexed area described above will be provided or made available on
behalf of the City in accordance with the following plan. The City shall provide the annexed
tract the levels of service, infrastructure, and infrastructure maintenance that are comparable
to the levels of service, infrastructure, and infrastructure maintenance available in other parts
of the city with similar topography, land use, and population density.
III. AD VALOREM (PROPERTY OWNER) TAX SERVICES
A. Police Protection, Code Enforcement, and Animal Control
Police service, including patrolling, response to calls, and other routine functions,
will be provided to the property upon the effective date of the annexation using
existing personnel and equipment. Code enforcement and animal control services
will also be provided to the property upon the effective date of the annexation.
Additional personnel and equipment will be needed to serve the area, if developed
as proposed.
B. Fire Protection
Fire protection (within the limits of existing hydrants) and emergency medical
services will be provided to the property upon the effective date of the annexation.
The estimated emergency response time in this area is 10 minutes, which is
similar to responses for surrounding properties within the city limits. The City of
Denton will provide emergency medical services ("EMS").
Page 10
D. Roads and Streets
Roads and streets, which have been properly platted, duly dedicated, and accepted
by the City of Denton and/or Denton County, shall be maintained by the City of
Denton on the effective date of the annexation. Maintenance of street signs, street
lighting and traffic control devices will commence by the City of Denton on the
effective date of the annexation.
E. Parks and Recreation Facilities
There are few residents in the area to be annexed, and no parks are currently
located within the proposed annexation area. Denton neighborhood park facilities
are located within four miles of the proposed annexation area. Residents of the
proposed annexation area will be able to use existing City of Denton park and
recreation facilities and programs. As the land develops, the City will evaluate
the need for park and recreational facilities in accordance with the 2000 Parks and
Recreation Master Plan and applicable city ordinances.
F. Library Services
Library services will be made available on the effective date of the annexation on
the same basis and at the same level as similar library facilities are maintained
throughout the city.
G. Building Inspections and Consumer Health Services
Building inspections and consumer health services will be made available on the
effective date of the annexation on the same basis and at the same level as similar
facilities are maintained throughout the City. Both services are provided on a
"cost recovery" basis, and permit fees offset the costs of services delivered.
Incomplete construction must obtain building permits from the Building
Inspections Department of the City of Denton.
H. Planning and Development Services
Planning and development services will be made available on the effective date of
the annexation. The Planning and Development Department currently services
this property by way of administration of the Development Code, concerning
subdivision and land development regulations.
Page 11
IV. UTILITY (RATEPAYER) SERVICES
A. Solid Waste Collection
The City of Denton is the exclusive residential and commercial Solid Waste
service provider within Denton's city limits. The City Ordinance requires Solid
Waste services for all residences and commercial businesses located in the City.
The City of Denton Solid Waste Department is fully funded through the service
fees charged, and receives no funding from city tax revenues. Solid waste refuse
collection services will be provided to the newly annexed property immediately
upon the effective date of the annexation.
All residential homeowners and commercial businesses should telephone the City
of Denton Solid Waste Customer Service Department at 940-349-8787 to initiate
service.
Residential Solid Waste Services
Each residential customer will be provided a 60-gallon wheeled, green refuse cart,
which will be serviced one time per week. Upon request, a smaller or larger refuse
cart can be provided. Residents are required to place their refuse cart(s) at the
curb prior to 7:00 a.m. on their collection day. Carts should be placed at the curb
for collection no earlier than 6:00 p.m. the evening prior to their collection day.
Carts are to be removed from the curb no later than 6:00 a.m. on the day
following their collection day. All refuse placed in the cart for collection must be
bagged to eliminate wind blown debris and littering. Refuse that is not placed in
the cart with the lid closed will not be collected. Additional carts may be provided
for an additional monthly charge.
Weekly yard waste service is provided.
Weekly curbside recycling services with each residential customer being provided
a 60 gallon wheeled blue recycling cart. Collection is provided by Allied Waste
Services.
Household Chemical Collection provided once per week upon request
Each residential customer's refuse cart service, curbside -recycling service, yard
waste collection service, and household chemical collections will occur on the
same day each week. Please telephone Solid Waste Field Support Operations,
940-349-8080 to obtain information or find out which day your refuse, yard
waste, recyclables, and household chemicals will be collected.
Commercial and Industrial Refuse and Recycling Services
Each commercial and/or Industrial business will be provided with a commercial
container(s). They are available in a variety of sizes and frequencies of collection,
Page 12
based on the waste materials types and volumes generated. All refuse placed in a
commercial refuse container for collection must be bagged to eliminate wind
blown debris and littering. Refuse that is not placed in the container with the lid
closed (front load containers only) will not be collected. All refuse placed outside
any container is subject to code enforcement regulations, including potential fines.
For placement of a commercial recycling container, please contact Solid Waste
Field Support Operations, 940-349-8080, to have a recycling coordinator visit your site to perform a recycling materials audit in order to determine the various
materials available for recycling at your site. All recyclables shall be placed in
recycling containers without being bagged.
Landfill Services
The City of Denton Solid Waste Landfill hours of operation are 7:00 a.m. to 4:00
p.m. Monday through Friday; and 7:00 a.m. to 12:00 p.m. on Saturdays. For
information regarding landfill disposal charges or other services, call the Landfill
Office at 940-349-8041.
B. Water/Wastewater Facilities
The annexation area is along the northeastern border of the City of Denton. The
annexation property is located within Denton's wastewater Certificate of
Convenience and Necessity (CCN), which is a utility service area permit
authorizing a specified utility to be the retail service provider. The water CCN
holders for the annexation property include the City of Denton, Bolivar Water
Supply Corporation and Green Springs Water Supply Corporation.
Currently, the area to be annexed is provided water service by Bolivar Water
Supply Corporation, Greens Springs Water Supply Corporation or private water
wells. Wastewater service is currently provided by individual private onsite
wastewater systems (septic tanks and aerobic spray irrigation systems).
There is a 54-inch waterline along FM 2153 and FM 428 in immediate proximity
to the area to be annexed. Water service is available from this transmission
pipeline to provide both potable water and fire -flow at designated connection
points that were designed into the pipeline upon acquisition of the right to serve.
The City of Denton has plans to construct a new wastewater treatment plant in the
Clear Creek watershed to provide wastewater service to this portion of their
wastewater CCN. The City has obtained a wastewater discharge permit from the
TCEQ for this facility. Construction of this facility however is currently not
included in the 5-year capital improvement plan.
The City shall provide a level of water and wastewater service, infrastructure, and
infrastructure maintenance that is comparable to the level of services,
infrastructure, and infrastructure maintenance available in other parts of the city
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with similar topography, land use, and population density based on current land
use.
The service plan shall be amended to provide for extension of water mains (upon
acquisition of the right to serve) from existing and planned facilities as
development occurs within the area in conformance with standard extension
regulations and rules, which require extension at the initial expense of the
property owners, subject to and consistent with the City's participation policies,
Tex. Loc. Gov't Code ch. 395, and the City's impact fee regulations.
C. Drainage Services
Drainage maintenance will be provided to the property upon the effective date of
the annexation. The City shall provide a level of drainage services, infrastructure;
and infrastructure maintenance that is comparable to the level of services,
infrastructure, and infrastructure maintenance available in other parts of the city
with topography, land use, and population density based on current land use. The
plan may be amended, however, as development occurs.
D. Electrical Services
CoSery is certified by the State to provide electric utility service to the annexation
area.
V. OTHER SERVICES
Other services that may be provided by the City, such as municipal and general
administration will be made available on the effective date of the annexation. The
City 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 with topography, land use, and
population density similar to those reasonably contemplated or projected in the area. .
VI. CAPITAL IMPROVEMENTS PROGRAM (CIF)
No new construction of additional water, sewer, street, and drainage facilities is
contemplated within the annexed area as a result of this annexation because the
annexed area on the date of annexation will have a level of full municipal services
equal to other areas within the City having similar characteristics of topography, land
use, and population density. Thus, no construction of public improvements is
contemplated as a result of this annexation that would begin within two and a half (2
''/2) years after the effective date of the annexation. The City shall consider
construction of other public improvements as the needs dictate on the same basis as
such public improvements are considered throughout the City for areas having similar
characteristics of topography, land use, and population density.
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VII. UNIFORM LEVEL OF SERVICES MAY NOT BE REQUIRED
Nothing in this plan shall require the City to provide a uniform level of full municipal
services to each area of the City, including the annexed area, if different
characteristics of topography, land use, and population density are considered a
sufficient basis for providing different levels of service.
VM. TERM
This service plan shall be valid for a term of ten (10) years. Renewal of the service
plan shall be at the discretion of City Council.
IX. AMENDMENTS
The service plan may be amended if the City Council determines at a public hearing
that changed conditions or subsequent occurrences make this service plan unworkable
or obsolete. The City Council may amend the service plan to conform to the changed
conditions or subsequent occurrences pursuant to Texas Local Government Code,
Section 43.056 (Vernon Supp. 2000).
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