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ORDINANCE NO AM9- O�
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING TWO TRACTS
COMPRISING 1 552 ACRES, LOCATED WEST OF STATE SCHOOL ROAD NORTH OF
ITS INTERSECTION WITH ROBINSON ROAD IN THE OAKMONT II SUBDIVISION,
ESTABLISHING ONE -FAMILY DWELLING (SF-7) ZONING DISTRICT
CLASSIFICATION AND LAND USE DESIGNATION, PROVIDING FOR A PENALTY IN
THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS, AND DECLARING AN
EFFECTIVE DATE (A-94)
WHEREAS, pursuant to Section 43 021 of the Texas Local Government Code, home rule
cities are authorized to fix their boundaries and exchange areas with other municipalities, and
WHEREAS, the City of Denton and the City of Corinth entered into a Memorandum of
Agreement (MOA), attached as Exhibit A, with regard to the adjustment of city boundaries
between the two cities on February 4, 1999, and
WHEREAS, the subject property is within the effective utility and service delivery area
for City of Denton municipal services, and
WHEREAS, pursuant to said MOA, the City of Denton wishes to extend its City limits
line to include the 1 552 acres as described in Exhibits B and C of the MOA, and
WHEREAS, public hearings were held in the Council Chambers on September 7, 1999,
and September 21, 1999, 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 October 12, 1999, and
WHEREAS, this ordinance has been published in full one time in the official newspaper
of the City of Denton after annexation proceedings were instituted and 30 days prior to City
Council taking final action, as required by City Charter, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 That the tracts of land described in Exhibits B and C of the MOA, attached
hereto and incorporated by reference, are annexed to the City of Denton, Texas
SECTION 2 That 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 That the annexed property is classified as One -Family Dwelling (SF-7)
zoning district classification and land use designation
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SECTION 4 That the City's official zoning map is amended to reflect this annexation
and show the One -Family Dwelling (SF-7) zoning district classification and land use
designation
SECTION 5 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 Exhibits B and C
of the MOA 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 not expressly described in this ordinance
SECTION 6 That any person violating any provision of this ordinance relating to the
One -Family Dwelling (SF-7) zoning district classification and use designation shall, upon
conviction, be fined a sum not exceeding $2,000 00 Each day that a provision of this ordinance
is violated shall constitute a separate and distinct offense
SECTION 7 That this ordinance shall become effective fourteen (14) days from the date
of its passage, and the City Secretary is hereby directed to cause the descriptive caption to be
published twice in the Denton Record -Chronicle, the official newspaper of the City of Denton,
Texas, within ten (10) days of the date of its passage
PASSED AND APPROVED this the day of 2000
ATTEST
JENNIFER WALTERS, CITY SECRETARY
HERBERT L PROUTY, CITY ATTORNEY
Page 2
EXHIBIT A
STATE OF TEXAS §
COUNTY OF DENTON §
MEMORANDUM OF AGREEMENT
This Memorandum of Agreement ("Agreement") is entered into as of the 4th day
of February, 1999, between the City of Denton, Texas ("Denton'), a Texas home rule
municipality and the City of Corinth, Texas ("Corinth"), a city organized under the
general laws of the State of Texas, and is to witness the following
WHEREAS, Denton and Corinth are adjacent municipalities which desire to make
mutually agreeable changes in their boundaries of areas that are less than 1,000 feet in
width, and
WHEREAS, it appears that the existing city limits lines between Denton and
Corinth bisect a number of residential lots in a subdivision of Denton County known as
Oakmont II; and
WHEREAS, it is the desire of Denton and Corinth to disannex and annex the
tracts described herein to establish a joint city limits line between the two cities that
would not split any lots in the Oakmont II subdivision and would basically run along
property lines as shown by the maps attached hereto as an exhibit, and
WHEREAS, the owner of Oakmont II has expressed its intent to the governing
bodies of both cities that such needed adjustment would be beneficial to the development
of the subdivision and generally to the economic well-being of both cities, and
WHEREAS, both Denton and Corinth deem such agreement to be beneficial to
the public interest and to enhance the future growth and development of both cities, Now,
Therefore,
In consideration of the premises and of the agreements contained herein, Denton
and Corinth agree as follows
DISANNEXATION AND RELEASE OF EXTRATERRITORIAL JURISDICTION
1 A Denton agrees that it will disannex and waive extraterritorial jurisdiction over the
2 107 acre tract of land described in Exhibit "A", attached hereto and made part hereof
for all purposes, in the manner provided by Chapter 43 of the Texas Local Government
Code and the Denton City Charter
Page 1
19355
1 2 Corinth agrees that it will disannex and waive extraterritorial jurisdiction over
tracts of 1.469 acres and 0 83 acres respectively, described in Exhibits "B" and "C",
attached hereto and made part hereof for all purposes, in the manner provided by Chapter
43 of the Texas Local Government Code
103 Upon the disannexation and waiver of extraterritorial jurisdiction by Denton and
Corinth as provided in Sections 101 and 102 above, the boundaries of Denton and
Corinth shall be adjusted accordingly, subject to the annexation actions by each
contemplated in Section II
II
ANNEXATIONS
Corinth agrees that it will proceed in the manner authorized by law to annex the
property described in Exhibit "A" Denton agrees that it will proceed in the manner
provided by law to annex the property described in Exhibits "B" and "C" The parties
understand and agree that the existing city limits and the proposed city limits are fairly
and accurately depicted on the annexation exhibit prepared by USA Professional Services
Group, Inc , dated May, 1998, attached hereto as Exhibit "D" and made part hereof for all
purposes
III
ZONING AND PLATS
Both cities recognize that all property that is subject to this Agreement may carr}
temporary zoning classifications under the applicable ordinance and be subject to the
platting requirements of the city which will annex such property The parties understand
that the Oakmont subdivision is basically the same in both cities and the appropriate
zoning and platting requirements should not change the current status of the development
IV
CHARACTER OF AGREEMENT. BREACH
The parties agree that this Agreement is entered into only for the disannexation
and annexation of the tracts described herein and is not an interlocal cooperation
agreement for the joint performance of any services by the parties Failure of either Cit%
to perform the terms of this Agreement shall constitute a breach hereof, and the aggrieved
City may file suit in a court of competent of jurisdiction to enforce the provisions of this
Agreement, including recovery of court costs and attorney's fees
Page 2
19355
The parties agree that the legislative acts to be performed hereunder will be
coordinated between them so as to be performed simultaneously or as close thereto as
possible, consistent with applicable law
VI
SEVERABILITY
If any provision of this Agreement is held to be illegal, invalid or unenforceable,
the legality, validity or enforceability of the remaining provisions of this Agreement shall
not be affected and shall remain in full force and effect
In witness whereof, Denton and Corinth, acting under the authority of their
respective governing bodies, have caused this Agreement to be executed in duplicate
originals as of the date first written above
CITY OF DENTON, TEXAS
BY
M O
CITY OF CORINTH, TEXAS
BY
MAYOR y
EST- ATTEST01V9/
E TARY CITY SECRETARY
APPROVED AS TO FORM A ROVED AS TO ] 01
B'd
CITY ATTORNEY - li c • b No wig CITY ATTORNEY
(rld/sb 11-17-98)
Page 3
19351
Exhibit "A" ~
DEANNEXATION FROM THE
CITY OF DENTON, TEXAS
91,797 Square Feet or 2.107 Acres
May, 1998
BEING a tract or parcel of land situated in the Stephen Hembne Survey, Abstract
Number 643, in the City of Denton, Denton County, Texas, and being part of a
tract of land conveyed to Lennox Oaks II, L P by Deed recorded in the Real
Property Records of Denton County, Texas, Denton County Clerk's File Number _
and being more particularly described as follows
COMMENCING at a point at the intersection of the East line of State School
Road (a 60 foot wide nght-of-way) with the South line of Hidden Oaks (a 75 foot
wide nght-of-way), said point also being the Northwest comer of Lot 20, Block 12
of Oakmont Estates — Section One as recorded in Cabinet F, Page 38 of the Map
Records of Denton County, Texas,
THENCE South 15°44'00" East along the East line of said State School Road, a
distance of 144 28 feet to a point for corner,
THENCE South 74016'00" West departing the East line of said State School
Road, a distance of 344 00 feet to the POINT OF BEGINNING,
THENCE North 15°44'00" West a distance of 725 15 feet to a point for corner,
THENCE North 87001'55" East a distance of 119 97 feet to a point for comer,
THENCE North 59031'13" East a distance of 6143 feet to a point for corner,
THENCE North 74°16'00" East a distance of 82 70 feet to a point for corner,
THENCE South 04012'20" West a distance of 759 83 feet to the POINT OF
BEGINNING and containing 91,797 square feet or 2 107 acres of land, more or
less
Exhibit "B"
ANNEXATION TO THE
CITY OF DENTON, TEXAS
64,006 Square Feet or 1.469 Acres
May, 1998
BEING a tract or parcel of land situated in the Levi Young Survey, Abstract
Number 1451, in the City of Denton, Denton County, Texas, and being part of a
tract of land conveyed to Lennox Oaks II, L P by Deed recorded in the Real
Property Records of Denton County, Texas, Denton County Clerk's File Number _
and being more particularly described as follows
COMMENCING at a point at the intersection of the East line of State School
Road (a 60 foot wide nght-of-way) with the South line of Hidden Oaks (a 75 foot
wide nght-of-way), said point also being the Northwest corner of Lot 20, Block 12
of Oakmont Estates — Section One as recorded in Cabinet F, Page 38 of the Map
Records of Denton County, Texas,
THENCE South 15044'00" East along the East line of said State School Road, a
distance of 144 28 feet to a point for corner,
THENCE South 74°16'00" West departing the East line of said State School
Road, a distance of 344 00 feet to the POINT OF BEGINNING,
THENCE South 15°44'00" East a distance of 387 85 feet to a point for corner,
THENCE South 38024'50" East a distance of 84 72 feet to a point for corner,
THENCE South 08°29'39" East a distance of 57 69 feet to a point for corner,
THENCE South 51 °3510" West a distance of 274 93 feet to a point for corner,
THENCE North 04012'20" East a distance of 66938 feet to the POINT OF
BEGINNING and containing 64,006 square feet or 1 469 acres of land, more or
less
Exhibit "C" M
ANNEXATION TO THE
CITY OF DENTON, TEXAS
3,618 Square Feet or .083 Acres
May, 1998
BEING a tract or parcel of land situated in the Levi Young Survey, Abstract
Number 1451, in the City of Denton, Denton County, Texas, and being part of a
tract of land conveyed to Lennox Oaks II, L P by Deed recorded in the Real
Property Records of Denton County, Texas, Denton County Clerk's File Number _
, and being more particularly described as follows
COMMENCING at a point at the intersection of the East line of State School
Road (a 60 foot wade nght-of-way) with the South line of Hidden Oaks (a 75 foot
wide right-of-way), said point also being the Northwest comer of Lot 20, Block 12
of Oakmont Estates — Section One as recorded in Cabinet F, Page 38 of the Map
Records of Denton County, Texas,
THENCE South 74016'00" West a distance of 60 00 feet to a point for corner in
the West line of said State School Road,
THENCE North 15044'00" West along the West line of said State School Road, a
distance of 150 06 feet to a point for corner,
THENCE North 11047'00" West continuing along the West line of said State
Road, a distance of 345 77 feet to the POINT OF BEGINNING,
THENCE South 74016'00" West departing the West line of said State School
Road, a distance of 48 70 feet to a point for corner,
THENCE North 04*12'20" East a distance of 121 30 feet to a point for comer,
THENCE North 87001'55" East a distance of 15 36 feet to a point for corner in
the West line of said State School Road,
THENCE South 11047'00" East along the West line of said State School Road, a
distance of 11090 feet to the POINT OF BEGINNING and containing 3,618
square feet or 0 083 acres of land, more or less
i
Exhibit D
LOCATION MAP
Exchange of Land with Corinth
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ANNEXATION SERVICE PLAN
(A-94)
A Part of the Denton - Corinth Boundary Adjustment
EXHIBIT B
ANNEXATION SERVICE PLAN
CASE NUMBER A-94 (Oakmont II)
AREA 155 acres
LOCATION Northeast of intersection of State School Road and Robinson Road
Municipal services to the site described above shall be f inushed by or on behalf of the
City of Denton, Texas, at the following levels and in accordance with the following
schedule:
A. Police Protection
1 Police service, including patrolling, response to calls, and other routine
functions, will be provided to the property within sixty (60) days after the
effective date of the annexation using existing personnel and equipment
B. Fire Protection
I Fire protection (within the limits of existing hydrants) and emergency medical
services will be provided to the property within sixty (60) days after the effective
date of the annexation using existing personnel and equipment
C. Solid Waste Collection
Solid waste collection service will be provided to the property within sixty (60)
days after the effective date of the annexation using existing personnel and
equipment
D. Water/Wastewater Facilities
1 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 be begin
within sixty (60) days after the effective date of the annexation using existing
personnel and equipment
E. Roads and Streets
Maintenance of roads and streets, including road and street lighting, in the area
to be annexed will begin within sixty (60) days after the effective date of the
annexation using existing personnel and equipment
EXHIBIT B
ANNEXATION SERVICE PLAN
(A-94)
A Part of the Denton - Corinth Boundary Adjustment
F. Parks and Recreation Facilities
Maintenance of parks, playgrounds, swimming pools, and other recreational
facilities in the area to be annexed will begin within sixty (60) days after the
effective date of the annexation using existing personnel and equipment
However, there are no existing parks, playgrounds, swimming pools, and other
recreational facilities in the area
G. Electric Facilities
1 Electric utility service will be provided within sixty (60) days after the effective
date of the annexation using existing personnel and equipment
H. Library Services
1 Library services will be provided within sixty (60) days after the effective date of
the annexation using existing personnel and equipment
I. Code Enforcement, Building Inspections and Consumer Health Services
1. Code enforcement, building inspections and consumer health services will be
provided within sixty (60) days after the effective date of the annexation using
existing personnel and equipment
J. Planning and Development Services
Planning and development services will be provided within sixty (60) days after
the effective date of the annexation using existing personnel and equipment The
Planning and Development Department currently provides services this property
by way of administration of Chapter 34 of the Code of Ordinances, concerning
subdivision and land development regulations
K. Capital Improvements Program (CIP)
The CIP of the city is prioritized according to the following guidelines
(1) Provision of Capital Improvements as compared to other areas will be based
on characteristics of topography, land utilization, population density,
magnitude of problems as related to comparable areas, established technical
standards and professional studies
(2) The overall cost effectiveness of providing a specific facility or improvement
The annexed area will be considered for CIP improvements in the upcoming CIP
plan This property will be considered according to the established guidelines