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HomeMy WebLinkAbout2001-386ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING 72 3 ACRES OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, GENERALLY LOCATED NORTH OF LOOP 288, EAST OF STUART ROAD, WEST OF SHERMAN DRIVE AND SOUTH OF LONG ROAD IN THE S MCCRACKEN SURVEY, ABSTRACT NO 817, DENTON COUNTY, TEXAS, APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY, PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE (A-01-0001) WHEREAS, Surveyors and Engineers of North Texas, has petitioned for the annexation of 72 3 acres of land described herein, and WHEREAS, on May 9, 2001, the Planning and Zoning Commission recommended approval of the petition for annexation, and WHEREAS, public hearings were held in the Council Chambers on May 1, 2001, and May 15, 2001, (both days being on or after the 40"h day but before the 201h day before 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 June 5, 2001, and WHEREAS, this ordinance has been published in full one time in the official newspaper of the City of Denton on June 16, 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 SECTION 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 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 Page 1 of 2 annexed toi 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 G_L/ PASSED AND APPROVED this the" day of 2001 f 4i4 A EULINE BROCK, MAY ATTEST, JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY M-A Page 2 of 2 EXHIBIT A Surveyors & Engineers of North Texas 1021 Amanda Court Ponder Texas 7625e Ph (940) 482 2906 FAX (040) 482-0008 Toll -Free (877) 481 SENT www seracorp coin ANNEXATION TRACT All that certain tract of land situated in the S McCracken Survey Abstract Number 817, City of Denton, Denton County, Texas and being a pan of the called 120 420 acre tract described in the deed from Edward F Wolski to Denton Independent School District recorded under Clerk's File Number 97-R0083710 of the Real Property Records of Denton County, Texas, BEGINNING for the Northeast corner of the tract being described herein on the North line of the DISD tract in the middle of Long Road at it's intersection with the Corporate Limits of the City of Denton as described in Tract 4 of Ordinance 74-36, 500 feet Northwesterly from the center of F M 428 (Sherman Drive), THENCE Southwesterly across the 120 420 acre tract with the said Corporate Limits, 500 feet Northwesterly from the center of F M 428 (Sherman Drive), the following 3 calls 1 South 31 Degrees 15 Minutes West a distance of 447 4 feet more or less to the beginning of a curve to the left having a radius of 6230 0 feet 2 Along the are of the curve an arc length of 286 3 feet more or less (chord bearing South 29 Degrees 56 Minutes West a distance of 286 25 feet more or less) to the end of the curve, 3 South 28 Degrees 37 Minutes West a distance of 656 3 feet more or less to the Northeast comer of the annexation tract described in Ordinance 82-7, being 600 feet North of the centerline of the Loop 288, THENCE Westerly across the 120 420 acre tract with the said Corporate Limits 600 feet North of and parallel with the centerlme of the Loop 288, the following 3 calls, 1 North 65 Degrees 52 Minutes 28 Seconds East a distance of 47 16 feet more or less to the beginning of a curve to the left having a radrus of 6329 58 feet 2 Along the arc of the curve an arc length of 2546 87 feet more or less (chord bearing North 77 Degrees 24 Minutes 25 Seconds West a distance of 2529 72 feet more or less) to the end of the curve, 3 North 88 Degrees 56 Minutes 06 Seconds West a distance of 1077 37 feet more or less to the West line of the DISD tract in Stuart Road, THENCE North 00 Degrees 44 Minutes East along Stuart Road with the West line of the DISD tract a distance of 109 2 feet more or less to an angle point therein THENCE North 42 Degrees 32 Minutes East along Long Road with the North line of the DISD a distance of 765 0 feet more or less to an angle point therem, THENCE Sotith 89 Degrees 08 Minutes East continuing along Long Road with the North line of the DISD tract a distance of 3760 3 feet more or less to the PLACE OF BEGINNING and enclosing 72 3 acres of land more or less EXHIBIT B CITY OF DENTON ANNEXATION PLAN FOR A-01-0001 (DENTON ISD) I AREA ANNEXED The annexation area is located in the northern portion of Denton's Extraterritorial Jurisdiction and contains approximately 72 3 acres generally located north of Loop 288, south of Long Road, east of Stuart Road and west of Sherman Drive II INTRODUCTION This 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 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 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 City of Denton will provide emergency Medical services, ("EMS") C Road 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 New traffic control devices will be installed as approved by the Denton City Council Installation and maintenance of street signs, street lighting 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 t area Existing Denton neighborhood park facilities are at Evers Park and Avondale Park, 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 Future park facilities are proposed for this annexation site 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 similar 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 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 F Planning and Development Services Planning and development services will be 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 Chapter 34 of the 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 tract is part of an Neighborhoods / Infill Compatibility Area No Environmentally Sensitive Areas (ESAs) are located on this site The Denton Plan designates future land uses to manage the quality and quantity of growth by organizing the land use patterns, by matching land use intensity with available infrastructure, and by preserving floodplains as environmental and open space corridors The Denton Plan will be used as a basis for final zoning classifications after the properties are annexed IV 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 Solid waste collection service will be provided to the property upon the effective date of the 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 2 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 request/application for service Currently the site contains one vacant residential structure B Water/WastewaterFacilities 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 not provided with any water or wastewater systems, and no City of Denton water or wastewater lines 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 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 D Electrical Services Denton Municipal 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 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 (CIP) Construction of additional water, sewer, street, and drainage facilities will begin within two and a half (2 YZ) years unless certain services can not be reasonably 3 provided within that period If certain services can not be reasonably provided, the City will provide those services within four and a half (4 'h) 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 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 VIII 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) 4