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HomeMy WebLinkAbout2001-244ORDINANCE NO A901- A4 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING APPROXIMATELY 46 ACRES OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, LOCATED SOUTH OF BLAGG ROAD, APPROXIMATELY 1200, WEST OF LAKEVIEW BOULEVARD IN THE M FORREST SURVEY, ABSTRACT NO 417, DENTON COUNTY, TEXAS, APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY, PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE (A01-0002) WHEREAS, on January 9, 2001, the City Council of the City of Denton has directed staff to begin annexation proceedings for annexation of approximately 46 acres of land described herein, and WHEREAS, on April 11, 2001, the Planning and Zoning Commission recommended approval of the annexation, and WHEREAS, the City Council finds that the area being annexed 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, 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 April 3, 2001, and May 15, 2001, (both days being on or after the 20th day but before the 4e day of the date of the institution of the proceedings) to allow all interested persons to state their views and present evidence bearing upon tins 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 May 15, 2001, and WHEREAS, this ordinance has been published in full one time in the official newspaper of the City of Denton on April 29, 2001, 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 Page 1 of 2 S \Our Doc0=nts\0rd1Mnces\01\A01-0002 doc SE TION 1 The tract of land described in Exhibit "A", attached hereto and incorporated by reference, is annexed to the City of Denton, Texas SECTION 2 The service plan attached as Exhibit "B", and incorporated by reference, which provides for the extension of municipal services to the annexed 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 3 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 the real property described in Exhibit "A" regardless of whether any other part of the described property is hereby effectively annexed to the City If any part of the real property annexed 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 4 This ordinance shall become effective immediately upon its passage and approval/7/G PASSED AND APPROVED this the P�I day of 2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY IM I"ge2of2 S \Our Documents\0rdmance8\01\01 0002 doc EXHIBIT A LEGAL DESCRIPTION Being a tract of land situated in the M Forrest Survey, Abstract No 417, Denton County, Texas and being part of a tract of land described in a deed to Nell Musgrave, et al , recorded in Volume 293, Page 418, of the Deed Records of Denton county, Texas and being more particularly described by metes and bounds as follows BEGINNING at a fence post on the south right-of-way line of Blagg Road (variable width right-of-way being the northeast corner of said Musgrave tract and being the northwest corner of a tract of land described in a deed to Lakeview Ranch L P recorded in Volume 4391, Page 1738 of the Deed Records of Denton County, Texas, THENCE South with the east line of said Musgrave tract and a wire fence, and the west line of said Lakeview Ranch tract, a distance of 1643 50 feet to a fence post being the northeast corner of a tract of land described in a deed to Doug Prewitt and Anna Kay Prewitt recorded in Volume 1965, Page 834 of the Deed Records of Denton County, Texas; THENCE West with the south line of said Musgrave tract, and the north line of said Prewitt tract, and the north line of the H O and Lavonia Jo Prewitt tract recorded in Volume 820, Page 614, of the Deed Records of Denton County, Texas, a distance of 142100 feet to a point on the north line of a tract of land described in a deed to Doug Prewitt and Anna Kay Prewitt recorded in Clerk's File No 93-R0057448 of the Deed Records of Denton County, Texas, also being the southeast comer of a 15 foot road easement conveyed to Beatrice J Peterman, recorded in Volume 481, Page 526, Deed Records of Denton County, Texas, from said point a "T" post bears North 32 degrees 01 minutes 38 seconds East, a distance of 5 34 feet, THENCE North with the west line of said Musgrave tract, and the east line of said road easement, a distance of 710 41 feet to a''/z"iron rod found for a corner, THENCE East, a distance of 165 00 feet, to a'h inch iron rod set with a cap stamped "Precise Land Sury " being an ell comer of said Musgrave tract, THENCE North, a distance of 26178 feet, to a'/Z inch iron rod set with a cap stamped "Precise Land Sury " being an ell comer of said Musgrave tract, THENCE West, a distance of 165 00 feet, to a''/Z inch iron rod found for a corner, on the east line of the aforesaid 15 foot road easement, THENCE North, with said eat line, a distance of 247 72 feet, to a 3/8 inch iron rod found being the southwest corner of a tract of land described in a deed to Arch Oldham and Jonme Kathleen Dunn Oldham recorded in Volume 2860, Page 802 of the Deed Records of Denton County, Texas, THENCE North 89 degrees 59 minutes 36 seconds East, with the south line of said Oldham tract and a wire fence, a distance of 676 35 feet to a fence post being the southeast corner of a tract of land described in a deed to Ernest B Parsons recorded in Clerk's File No 97-068152 of the Deed Records of Denton County, Texas, THENCE North 00 degrees 05 minutes 17 seconds West, with the east line of said Parsons tract and a wire fence, a distance of 416 59 feet to a fence post on said south right-of-way line being the northeast corner of said Parsons tract, THENCE North 89 degrees 28 minutes 01 second East, said south nght-of-way line, a distance of 745 32 feet to the POINT OF BEGINNING, and containing 2,003,300 square feet or 45 989 acres of land E UMIT B CITY OF DENTON ANn7EXATION PLAN FOR A-01-0002 (BLAGG ROAD) I AREA ANNEXED portion of Denton's Extraterritorial annexation area is located in the eastern p Road approximatelyppoiction and 000 fe t wesrof Lakeview Boulevard The annexation siits approximately 46 acres along the south side of eisfound south of Blagg Road, approximately 1000' west of Lakeview Boulevard II INTRODUCTION Tlus service plan has been prepared in accordance with the Texas Local Government Code, Sections 43 021, 43 065, and 43 065(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 i 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 O-AWER) TAX SERVICES A Police Protection, Code Enforcement, and ons m oal Control and other routine Police service, including patrolling, sP on the effective date of the functions, will be provided to the property upon annexation using existing personnel and equipment Code enforcement and amoral control services will also be provided to the property upon the effective date of the annexation B Fire Protection Fire protection (witlun the hmits of existing hydrants) and emergency medical services will be provided to the property upon the effective date of the annexation The City of Denton will provide emergency Medical services, ("EMS") C Road and Streets Roads and streets, which have been properly platted, duly dedicated, and ounty shall accepted by the City of Denton and/or Denton Caw traffic control be maintained by the City of Denton on the effective date of the annexation Ne devices will be installed as approved by the Denton City Council Installation and maintenance of street signs, street bgbtmg and traffic control devices will be maintained by the City of Denton on the effective date of the annexation C Parks and Recreation Facilities Parks and recreational facilities in the area to be annexed will begin upon the effective date of the annexation according to the 2000 Parks and Recreation Master Plan No parks are currently located within the proposed annexation area Denton neighborhood park facilities are the which are located within reasonably close distance 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 D 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 sumlar library facilities are maintained throughout the city E 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 maintamed throughout the City Both services are provided on a "cost recovery" basis, and permit fees offset the costs of services delivered ml tconstruction of must obtain building permits from the Building Inspections F Planning and Development Services Planning and development services will be will be made available on the effective date of the annexation he Po�a administration Development of ChapDr partment 34 the currently services this property by y Code of Ordinances, concerning subdivision and land development regulations City Council adopted The Denton Plan, the city's 1999-2020 comprehensive plan, by Ordinance 99-439 on December 7, 1999 The Future Land Use Plan addresses both land in the city and its ETJ, and the subject tracts contain a Community Mixed Use Center, Neighborhood Centers, Existing Neighborhoods / Infill Compatibility Areas, and 100 Year Floodplam / Environmentally Sensitive Areas The Denton Plan designates futurethe land to manage the quality and quantity of growth by organizinge land patterns, by matching land use intensity with available infrastructure, and by preserving floodplams as environmental and open space condors The Denton Plan will be used as a bass for final zoning classifications after the properties are annexed N UTILITY (RATEPAYER) SERVICES A Solid Waste Collection The City of Denton is the exclusive residential and commercial solid waste service provider in the City The Department is an entirely fee based operation and received no resources from taxes thoSolid effechvewaste collection service will be provided to the property p annexation using existing personnel and equipment Residents have the option to choose between a private company or service with the City of Denton The City of Denton Solid Waste Department will honor existing contracts with private solid waste service providers after the effective date of this annexation in accordance with Texas Local Government Code, Section 43 056(o) (Vernon Supp 2000) To receive solid waste collection service, the customer must contact the City of Denton Customer Service Office and submit a requestlapplication for service Currently the site contains one vacant residential structure B Waterfwastewater Facilities Maintenance of water and wastewater facilities in the area to be annexed that are not within the service area of another water or wastewater utility will begin upon the effective date of the annexation using existing personnel and equipment Currently, the area to be annexed is provided with a private water well and a private wastewater system No City of Denton water or wastewater Imes exist in the annexation area 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 with topography, land use, and population density similar to those reasonably contemplated or projected in the area 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 mamt tat onavailablece i n other parts of the city with topography, land use, and pop density similar to those reasonably contemplated or projected in the area D Electrical Services Denton Mumcipal Electric is certified by the State and is obligated to provide electric utility service to the annexation area should a request be made by a property owner Electric utility service 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 Denton Municipal Electric is the current electric service provider for this site V OTHER SERVICES Other services that may be provided by the City, such as municipal and general admimstration 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 ar6a VI CAPITAL IMPROVEMENTS PROGRAM (CIP) Construction of additional water, sewer, street, and drainage facilities will begin within two and a half (2 1/z) years unless certain services can not be reasonably provided within that period If certain services can not be reasonably provided, the City will provide those services within four and a half (4 %:) years after the effective date of the annexation unless the construction process is interrupted by circumstances beyond the control of the City Construction of other capital improvements shall be considered by the City as the needs dictate on the same basis as such capital improvements are considered throughout the City VII. UNIFORM LEVEL OF SERVICES MAY NOT BE REQUIRED Nothing in this plan shall require the City to provide a uniform level of frill 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 VIII TERM years Renewal of the service This service plan shall be valid for a term often (10) y 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)