HomeMy WebLinkAbout2007-293s:\our documents\ordinances\07\07-0004 ordinance.doc
ORDINANCE NO. &�' %
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING APPROXIMATELY
0.123 ACRES OF LAND, CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON,
TEXAS, LOCATED IN THE SOUTHERN AREA OF THE CITY'S EXTRATERRITORIAL
JURISDICTION (ETJ); GENERALLY NORTHEAST OF F.M. 2181/TEASLEY LANE, WEST
OF OLD ALTON ROAD; APPROVING A SERVICE PLAN FOR THE ANNEXED
PROPERTY; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. (A07-0004)
WHEREAS, Wild Mustang Crossing, Ltd. has requested voluntary annexation of 0.123
acres of land, legally described in Exhibit A, attached hereto and incorporated by reference
herein (the "Property"); and
WHEREAS, the City Council finds that the Property contains fewer than 100 separate
tracts of land on which one or more residential dwellings are located on each tract; and
WHEREAS, this annexation is being made under Subchapter C-1 of Chapter 43 of the
Texas Local Government Code; and
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 October 24, 2007, the Planning and Zoning Commission
recommended approval of the annexation; 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 October 2, 2007, and October 16, 2007, (both days being on or after the 20th day but before
the 401h 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 November 6, 2007; and
WHEREAS, this ordinance has been published in full one time in the official newspaper
of the City of Denton on November 11, 2007, after annexation proceedings were instituted and
30 days prior to City Council taking final action, as required by City Charter; and
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:
I
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 /r — day of12007.
ATTEST:
CITY SECRETARY
EDWIN M. SNYDER, CITY ATTORNEY
BY:
WA
If ` .. ;, L .
EXHIBIT "A"
BEING A TRACT OF LAND LOCATED IN THE J.C. BAKER SURVEY, ABSTRACT No.
47, DENTON COUNTY, TEXAS, BEING ALL OF A TRACT OF LAND DESCRIBED IN
A DEED TO RONALD BERLIN AND DOROTHY BIRKELAND, RECORDED IN
COUNTY CLERK'S FILE No. 98-88962, DEED RECORDS, DENTON COUNTY,
TEXAS (D.R.D.C.T.), AND BEING MORE PARTICULARLY DESCRIBED BY METES
AND BOUNDS AS FOLLOWS:
BEGINNING AT 5/8" IRON ROD FOUND BEING THE NORTHEAST CORNER OF
SAID BERLIN TRACT, BEING IN THE SOUTH LINE OF LOT 1, BLOCK A, TEASLEY
LANE HIGH SCHOOL ADDITION, AN ADDITION TO THE CITY OF DENTON,
DENTON COUNTY, TEXAS, RECORDED BY PLAT IN CABINET V, PAGE 763, PLAT
RECORDS, DENTON COUNTY, TEXAS (P.R.D.C.T.), AND BEING THE NORTHWEST
CORNER OF A TRACT OF LAND DESCRIBED IN A DEED TO JESSIE EVANS,
RECORDED IN VOLUME 2775, PAGE 340, D.R.D.C.T.;
THENCE S 06014'36" W ALONG THE EAST LINE OF SAID BERLIN TRACT AN THE
WEST LINE OF SAID EVANS TRACT, 90.03 FEET TO A 1 POINT BEING IN THE
EXISTING CITY LIMITS LINE AS RECORDED IN CITY OF DENTON
ANNEXATION ORDINANCE 87-119, AND BEING IN A NON -TANGENT CURVE
TO THE RIGHT;
THENCE ALONG SAID CITY LIMITS LINE AND ALONG SAID NON -TANGENT
CURVE TO THE RIGHT HAVING A RADIUS OF 896.28 FEET, A DELTA ANGLE
OF 08047'08", A CHORD BEARING N 49041'07" W, 137.30 FEET, AND AN ARC
LENGTH OF 137.43 FEET TO A POINT IN THE NORTH LINE OF SAID BERLIN
TRACT AND THE SOUTH LINE OF SAID LOT 1;
THENCE N 89040'02" E ALONG SAID NORTH LINE OF BERLIN TRACT AND THE
SOUTH LINE OF SAID LOT 1, 114.48 FEET TO THE PLACE OF BEGINNING AND
CONTAINING 0.123 ACRES (5,360 SQUARE FEET) OF LAND.
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EXHIBIT A-2
LOCATION MAP
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EXHIBIT `B"
CITY OF DENTON ANNEXATION PLAN FOR
A07-0004 — Wild Mustang Crossing
AREA ANNEXED
The annexation area is located in the 'southern portion of Demons Extraterritorial
Jurisdiction and contains approximately 0.123 acres of land geaneralhr located generally
located northeast of the bend of F.il. 21S11£ Teasley Lane. west of Old Alton Road to the
immediate south of Guyer High School and legally described as Tracts 9 & 10 in the T Baker
Surrey. A1403A.
INTRODUCTION
This se^vice plan has been prepared in accordance with the Texas Local Government Code.
Sections 43.021. 43.06>. and 43.W(b)-(o) (Vernon I999, as amended). kluticipal facilities
and sen-ice.s 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 levelsof service, infrastructure. and ;nfrastructure maintenance that are comparable.
to the levels of sent ice, infrasnatcture, and infrastructure maintenance available in other parts
of the city with shmiar topography, land use, and population densiry.
AD V ALORE]I (PROPERTY OWNER) TAX SERVICES
Police Protection. 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.
Fire Protection
F ire protection (tyithin 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 3.5 minutes. which is
similar to responses for surrounding properties within the city limits. The CitF of
Denton will provide emergency medical services ("EMS").
Roads and Streets
Roads and streets, %which have been properly platted, duly dedicated, and accepted
by the City of Denton and'or Denton Cotunty, shall be maintained by the City of
Denton on the effective date of the annexation_ Installation and maintenance of
street signs, street lighnng and traffic control devices will be maintained by the
City of Denton on the effective date of the annexation.
%I and RccrenlirOki Facilities
Parks and recreational facilities in the area to be annexed will begin upon the
effective [late of the annexation according to tlte. _'WO Parks Ind Recr-ation
Masor Plan. No harks are currently Ic areal iciW dw proposed arluxat!ou aria.
Denton ncighbodinod park f ci€hies are within reasonably close distance of the
proposed annexation area. ResIcnta of theproposed annexation area will he ab€e
to we exisin g City of Dcmon park and recreation facRitin and programs.
Library Services
l..ihrmy sen-tees will he made acai!abk on the tffcctix: date of the attntxatiott on
Me same basis and m the samelend as similar library facilities ;are ntaintaill d
throughout tilt city.
BuildiIII, Ltspoetitnts and Consumer Heahh Services
Building inspection, and consumer lictlth services will be made available on the
efi:'ctive date of tite annexation on be same basis and nt the same !evc! as similtar
facilities are irtaintaiied Ihroughow Ilse City. Both .services are provided on u
WA recovery" basis. and permit fe-s offset the costs of services drlivercd.
Incomplete constru'lion ntu_t obtain building permits f-onl the Building,
Inspections Department of the City of Demon.
Planting and Dcvelnpnhcut Scrviccs
Planning and development services will be made available on the effectis't date of
the anaexnpom TIi- Plannirr anti D,,%"I0pmcnt Department currently scr.ices
this property by way of administration of like Denton D-vclopment Cade,
ea ncerningsubdivc,inn and land de•a lopmeni reguimforts.
City Council ndopedThe Demon Plan, the chy's lyre» _iRocompr:hemivc plan,
I7y Ordinance 99-1 9 on Dsccmbcr?. 1 tonne. The r"umm Land Use Plan addresscs
both Ind in the city and its ETI, and the subject vast is within the lkgiomt
Wed Use Center fend useic,ignatinn. The Denton Plan designates future land
rises to rn nags tle quality and quantity of eroull by ure.aniain_, the land use
panarn, by matching land use intensity twit], ivatiahtc infrastructure. and by
preserving floodpl::us ;as cmhonmcmn! anct olxa spa: c corridor.,. 'I'll- Denton
Plan will be used a:_ a basis for final Zonal,,, classifications after tit- Itrop-i is are
nnnexcd.
U't'1LITY iRATEPAYtiIllSERYICES
Solid Wame Codketirnt
Each residential address will he Ivoviilcd a wheeled refuse Cart. which wiII be
serviccdonc time per week. Residents are required to placc their refuse cartiQ at
the curb prior to 7010 n.m. on theircol€cetk:at tiny. Carts shauht be PhCQkI at tltc
curb for cnHccthn no earlier than 6an)'p.Ili . ttte evening prior to their collection
day. Cans arc to he removed from Meearb no later than 6:04 a.m. on the day
0
followirtgtIt, irco!lcoion day. A rcfusc placed in the can for collection must he
bagged to clintinetc •.vind blown debris and linerhy, Refirse tot k not placed in
the can with the Iidclosed wall not be collcctad. A1-litioual calls may be provith.d
for an additional nxndtly choice.
\Meekly yard.t°n;tc -,:wive is provided.
%Vcckly bulky item cokaiousctvicc is provided
Weekly curbside rceycling screw are prosidcd by Allied \V'nstc Services.
Contact Allied at I-SIX476t;_ 1758 to obtain curbside reeding information.
Pzch residcntial cuatomer's refuse cm ser,�re. curbside recycling service, bully
item collection scmm. andyard wa::tc.mi iee will t;ccur the sago day ofawlt
week. Pleas: telephone Customer S c nv is e. 940•3349.8737, to antswe r an v
remaintingclurstian ;and sign ill) icrsen•ice.
Commercial Refuse Service
F.'ach commercinl business xvid 11L provided Will, a coninocr al cuntamerls). which are
aShfc in a yaHery of .yes mid frequcimics r: eo1(ectiau hosed on the wwtc rtpe and
volume paw rated. All refuse ptnccd in the container forcollection must be haq��cd to
aim Ame wind b#own debris and littering, Refuse that is not placed in Ili container With the
lid elased will nod be collected. Refuse placed outside the container is sub{cct to ct do
clikizement regulations. including potential furs.
Commercial rcdlrisffeantanmcs are availebte fnt construction materials.
20 and 30 cubicyardcontamers.
Comlmaor =orrice is syailab!e.
Contact the City of Demon t=i mmcr Samvt, Cif#icc, 940- 49-8787, to obtain commereial
ecnunincr sizes, and rates.
Itmidfill Srn icc
The City of Demon Solid VVmste landfill hours of operation are 7:00 a.m. to 4:00
p.m. Monday through Friday; and 7:00 n.m. to 13:00 p.nt. oil Saturdays. For
infomnati on regarding disposal charges, call the Landfill Office at 940 +49-7510.
xs`aICry NvasteVcMCI I acililics
"('bore arc no water facilities and no wastewater facilities in the area to be
annesed. The City will provide a !cvct of water and mmewatcr service.
infrastructure. and infrastmtnu: maintenance that is crmpmahle to the 10TI of
scrimes. inkestructurc,and infra.=.tmcturc mninucmncc avnHok in omer pans of
the ciry .tith topography. land toe. nrd plipttla[ sn dcnshy similar to [hose
rcasnnnbly cont:mptatrd or projected in the area.
AMENDMENTS
The service plan may be ammnded if lilt City
changed cnndlions ur subsequenl occu renc
obsoh:lc. The City Cauneil may amend th,
condiliors or subsequent occurrcnccs pursuant
43.056 (Vernon Sunp. 2000).
AGREED:
ACY 0 STANDFIIDGE
Cowicil determines at a public hcming that
w make this sem,icc plan urworkablc or
setviec plan to conform to the changed
to Tuas Locai Gmmcmment Code. Section
9
o//s/U-7
Date