1999-262ORDiNANCE NO 4~- c~ ~ ~
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING 19 802 ACRES OF
LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, LOCATED
ON THE SOUTH SIDE OF EDWARDS ROAD, APPROXIMATELY 2,000 FEET WEST OF
SWISHER ROAD IN THE COUNTY OF DENTON, TEXAS, APPROViNG A SERVICE
PLAN FOR THE ANNEXED PROPERTY, PROVIDiNG A SEVERABILITY CLAUSE, AND
PROVIDING AN EFFECTIVE DATE (A-86)
WHEREAS, the City of Denton wishes to extend its city limits line to annex 19 802 acres
of land described herein, and
WHEREAS, on June 9, 1999, the Planning and Zoning Commission recommended
approval of the petition for annexation, and
WHEREAS, public hearings were held in the Council Chambers on April 20, 1999, and
May 1 l, 1999, (both days being on or after the 40th day but before the 20th day before the date of
the institution of the proceedings) to allow all interested persons to state their views and present
evidence beanng upon this annexation, and
WHEREAS, annexation procee&ngs were instituted for the property described herein by
the introductaon of this ordinance at a meeting of the City Council on June l, 1999, and
WHEREAS, this ordinance has been published in full one time in the official newspaper
of the City of Denton on June 13, 1999, after annexation proceedings were instituted and 30 days
prior to C~ty Council taking final action, as required by City Charter, and
WHEREAS, the City Council finds that the annexation will be in compliance with the
1988 Denton Development Plan, the 1998 Denton Plan Policies, and the 1999 Growth
Management Strategies and Plan, NOW, THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAiNS
SECTION I That the tract of land described In Exhibit "A", attached hereto and
incorporated by reference, is annexed to the City of Denton, Texas
SECTION II That the service plan attached as Exhibit "B", and incorporated by
reference, winch provides for the extension of mumctpal services to the annexed property, is
approve& as part of this ordinance
SECTION III Should any part of this ordinance be held illegal for any reason, the
holding shall not affect the remalmng 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 to the C~ty If any part of the real property annexed ~s already included w~th~n the c~ty
hm~ts of the C~ty of Denton or w~thm the hmlts of any other mty, town or village, or ~s not w~th~n
the C~ty of Denton's junsdmt~on to annex, the same is hereby excluded from the temtory
annexed as fully as ff the excluded area were not expressly described ~n this ordinance
SECTION IV That th~s ordinance shall become effective ~mmedlately upon ~ts passage
and approval
PASSED AND APPROVED th~s the ay of ,1999
JACK
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
Page 2 of 2
EXHIBIT A
WH£1~EAS, ALAN LUBBERS ms the owner of all that certain tract of Ioqd situated
in the G W(31ker Survey Abstract Number 1.350. Denton County. Texas and being
all of the coiled 1000 acre tract ar.d oll of the called 9 8,02 acre tract
described m the deed from gor~s Roe Cowort to Alan Lubbers recorded under
Clerks File Number 96-R0069627 of the Real Property Records of Denton Count)/.
Texas. the subject tract being more particularly described os follows.
BEGINNING for the Northeast carter of the tract being descmbed here,n, at a
1 2 tach ~ron rod found at the Northeast corner of the sa~d g 802 acre tract
ard the Northwest corner of a coiled 21 905 acre tract descmbed m the deed
from ~or~s I~ae Cowart to Dawd W Mason recorded under Clerks File Number 95-
R008048- of the sa~d Real Property Records m the center of Edwards Road.
THENCE South O0 Degrees 21 M,nutes .39 Seconds East along a w~re fence w,th
the West line of the sa~d 2~ 903 acre tract oqd the East hne of the 9 802 acre
tract a d~stance of 1328 19 feet to a 1,/2 ,nch iron rod found at the Southeast
cromer fhereof 3 8 fee{' i'~orffh of a fence corner post,
THEHCF South 89 Degrees 19 Minutes ~4 Second~ West w~th the South hne of
the 9 802 acre tract passing a I/2 ~nch rod (ound at the Southwest corner
t~.ereof end tile SOutheaSt corne~ of the'soTd 1~00 acre ~roct~and con~nui~g~,~ . ~
w~th ~he South hne of the ~0 O0 acre tract. ~n oil. o total d~stonce of 646"18~'~
feet to ~ 5/~ tnch ~ron rod found at the Southwest corner thereof,
THE~JC[ North O0 Degrees 28 M,nutes 41 Seconds West w,th the West hne of
fha l0 O0 acre ~roct o d~stonce of t3Z6 2;' feet fo o 1 /2 ~ch ~ron rod founCl at
the Northwest cai'net thereof o~ the ¢.outh s~de of Edwards Rood.
"HFNCE Sour~' 89 Degrees 58 M,rutes 09 Seconds East w,th the North hne of
the °C O0 acre tract DaSd,h§ a 1/2 ,nch ~ron rod found at the No.beast corner
thereof ar, d the No~hwe~t co.ner of the 9802 acre tract and contmu,ng w~th
the No~h l;ne of the 9802 Ocr- tract. ,n all. a total d,stonce of 64892 feet
to the POINT OF BEGINNING o~d enclosing 19 802 acres of land
EXHIBIT B
ANNEXATION SERVICE PLAN
CASE NUMBER
AREA
LOCATION
A-86 (Lubbers Ad(htlon)
19 802 acres
On the south side of Edwards Road west of Swisher Road in Denton's
extratemtonal junsdmtlon (ET J)
Municipal services to the site described above shall be furnished by or on behalf of the City of
Denton, Texas, at the following levels and in accordance with the following schedule
A. Police Protection
Police service, including patrolhng, 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
Fire protection (within the limits of existing hydrants) and emergency medical services
will be promded to the property within sixty (60) days after the effective date of the
annexation using existing personnel and equipment
E
F
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
Water/Wastewater Facilmes
Maintenance of water and wastewater facilities in the area to bc 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
eqmpmcnt
Roads and Streets
Mmntenance of roads and streets, lncluchng 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
Parks and Recreation Facilities
Mmntenance 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, swlmnnng pools, and other recreational facilities in the area
J
ANNEXATION SERVICE PLAN
(A-86)
Lubbers Addition
Electric Facilities
Electric utility servme will be prowded w~thln sixty (60) days after the effective date of
the annexation using ex~stlng personnel and equipment
Library Services
1 Library servmes wall be prowded within s~xty (60) days after the effective date of the
annexation using ex~stmg personnel and eqmpment
Code Enforcement, Building Inspections and Consumer Health Services
Code enforcement, bmldmg inspections and consumer health serwces wdl be prowded
within s~xty (60) days after the effective date of the annexation using existing personnel
and eqmpment
Planning and Development Serwces
Planmng and development services will be provided w~thm sixty (60) days after thc
effective date of the annexation using existing personnel and equipment The Planmng
and Development Department currently prowdes servmes th~s property by way of
admmlstratlon of Chapter 34 of the Code of Ordinances, concermng subdivis~on and
land development regulations
Capital Improvements Program (CIP)
The CIP of the c~ty ~s prioritized according to the following gmdehnes
(1) Prowsmn of Capital Improvements as compared to other areas wall be based on
eharaetenstms of topography, land ntd~zatmn, population density, magnitude of
problems as related to comparable areas, estabhshed techmcal standards and
profesmonal studies
(2) The overall cost effectiveness of providing a specffic facility or ~mprovement
The annexed area will be considered for CIP improvements m the upcoming CIP plan Th~s
property will be considered according to the estabhshed gmdehnes
A-86 (LUBi,BER$ ADDITION)
NORTH
VICINITY MAP
Scale None