1997-051a74ord wDd
NO
AN ORDINANCE OF THE CITY OF DENTON, TEXAS ANNEXING A TRACT
COMPRISING 11 24 ACRES, LOCATED SOUTH OF ROBINSON ROAD AND EAST OF
NOWLI~ ROAD, TEMPORARILY CLASSIFYING THE ANNEXED PROPERTY AS "A",
AGRICULTURAL DISTRICT, PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND DECLARING AN
EFFECT, IVE DATE
WHEREAS, the City of Denton washes to extend its City lam~ts
lane to include the 11 24 acre tract as described in exhibit "A",
and
WHEREAS, public hearings were held an the Council Chambers on
December 3, 1996, and December 17, 1996, (both days being on or
after the 40th day but before the 20th day before the date of
anstltutlon of the proceedings) to allow all anterested persons to
state! their views and present evadence 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 January 7, 1997, and
WHEREAS, this ordinance has been published an full one t~me an
the official newspaper of the City of Denton after annexation
proceedings were instituted and 30 days praor to City Council
taking final action, as required by C~ty Charter, NOW THEREFORE,
THE COLTNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the tract of land described ~n exhibit "A",
attached hereto and ~ncorporated by reference, is annexed to the
C~ty of Denton, Texas
SECTION II 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
thas ordinance
SECTION III That, pursuant to §35-15 (a) of the Code of
Ordinances of the City of Denton, Texas, the annexed property as
temporarily classified as "A", agricultural district, until
permanent zoning ~s established by the city council
SECTION IV That the City's offacaal zoning map is amended to
show ~he temporary "A" agricultural district classification of the
property annexed
SECTION V Should any part of th~s ordinance be held illegal
for any reason, the holding shall not affect the remaining portion
of thls ordinance and the City Council hereby declares at to be ars
purpose to annex to the Caty of Denton all the real property
descrabed an Exhablt "A" regardless of whether any other part of
the descrabed property is hereby effectively annexed to the Caty
If any part of the real property annexed is already ancluded wathln
the city l~mlts of the C~ty of Denton or wathln the l~mlts of any
other c~ty, town or village, or is not wlthan the City of Denton's
jurasdlction to annex, the same as hereby excluded from the
territory annexed as fully as if the excluded area were expressly
described in this ordanance
SECTION VI That any person v~olatlng any provision of this
ordanance relating to the Temporary "A" Agricultural Distract
shall, upon conviction, be fined a sum not exceeding $2,000 00
Each day that a provision of thas ordanance is vaolated shall
constitute a separate and dlstlnct offense
SECTION VII That th~s ordinance shall become effectave Thirty
(30) days from the date of ~ts final passage and publication, and
the Caty Secretary is hereby directed to cause the entare ordinance
to be published once and the descr~ptave caption to be publlshed
twice ~n the Denton Record Chronicle, the official newspaper of the
City of Denton, Texas, wlthln ten (10) days of the date of its
passage
PASSED AND APPROVED this the /~7~ day of~~// 1997
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO I,EC-AL FORM
HERBERT L PROUTY, CITY ATTORNEY
"EXHIBIT A"
ALL that certain lot, tract or parcel of land lying and being situated m the County of
Denton, State of Texas, being part of the Berry Merchant Survey, Abstract Number
800 and bell}g a portaon of that 441.7629 acre tract of land described by dee,_d, to
Oakmont Canadian Land Partners, Ltd, as recorded in Denton County Clerk s File
Number 94.R0003975 of the Real Property Records of Denton County, Texas and
being more parucularly described as follows'
COMMENCING at a point for the southwest comer of Robinson Road (80' ROW)
dedicated to the City of Corinth, Denton County, Texas by plat recorded in Cabinet
E, Slide 278 ,of the Plat Records of Denton County, Texas and the most easterly
northwest comer of the before mentaoned 441 7629 acre tract,
THENCE South 03° 39' 46" West ?oath a west line of said 441 7629 acre tract a
distance of 1275 48 feet to a point for corner,
THENCE South 03° 05' 30" West with a west line of said 441 7629 acre tract a
distance of 176 33 feet to a point for comer, said point lying on the Denton-Connth
Agreement l~ne and said point lying on the present Denton City hnmt line
established by Ordinance 74-46;
THENCE North 86° 55' 29" West a distance of 10 feet to the POINT OF
BEGINNING, said point lyang on the present Denton City hrmt line established by
Ordinance 78-28, Exhibit "C",
THENCE South 03° 44' 15" West along said present Denton City hmit line
(Ordanance '78-28, Exhibit "C") a distance of 719 41 feet to a point for comer, smd
point also being the most northerly northeast corner of a tract annexed by the City
of Denton by Ordinance 85-30,
THENCE North 86° 55' 29" West along the north line of said annexation (Ordinance
85-30) a distance of 680 54 feet to a point for corner,
THENCE North 03° 44' 15" West w~th a westerly line of the said 441 7629 acre tract
a distance of 719 41 feet to a point for corner,
THENCE South 86° 55' 29" East w~th a northerly llne of said 441 7629 acre tract a
distance of 680 54 feet to the POINT OF BEGINNING and containing 11 24 acres of
land
annex3 wpd 11 14-96
Exhibit "B"
SERVICE PLAN (A-74)
CASE #. A-74
AREA' 11.24 acres
LOCATION: South of Robinson Road and East of Nowlin Road
B J~ollce Services
1. Patrolling, response to calls, and other routine services will be provided on
the effective date of the annexation, using existing personnel and equipment
2 Upon ultimate development of the area, the same level of police services will
be provided to this area as are furnished to comparable areas within the
City.
B. Fire protection and Emergency Medical Services (EMS)
1. Fire protection and emergency medical services by the present personnel and
present equipment, within the limitations of available water and distances
from existing fire stations, will be provided to this area on the effective date
of the annexation
2. Upon ultimate development of the area, the same level of fire and emergency
ambulance services will be provided to this area as are furnished to
comparable areas within the City
C. Water/Wastewater Services
Water and wastewater services will be extended to the property in accordance to
the City's master utility plan and Section 34-118 of the Denton Code of
Ordinances
Developers shall pay the actual cost of all water and sewer main extensions, lift
stations and other necessary facilities required to serve their development in
accordance with the City's master utility plan and the Subdivision and Land
Development Regulations.
The City may participate In the cost to oversize water and sewer mains subject
to fund availability and approval of the City Council
Where water or sewer main extensions, lift stations, force mains or other
necessary facilities are Installed by the developer, the developer shall be entitled
to reimbursement of the cost of such facilities from pro-rata charges paid by
persons connecting to or using such facilities to serve their property, according
to the Subdivision and Land Development Regulations
1. Solid waste collection will be provided to the property at the same level of
service as available to comparable areas within the City, within 60 days of
the effective date of annexation
2. As development and construction commence w~thln this property, and
population density increases to the proper level, solid waste collection shall
be provided to th~s property ~n accordance w~th then current pohc~es of the
C~ty as to frequency, charges and so forth
E Streets and Roads
1. The City of Denton's existing pollctes w~th regard to street maintenance,
applicable throughout the entire City, shall apply to this property beginning
with the effective date of the annexation
2. Routine maintenance of streets and roads wdl begin in the annexed area on
the effective date of annexation using the standards and level of service as
currently applied to comparable areas of the City.
3. Reconstruction and resurfaclng of streets, installation of storm drainage
facilities, construction of curb cuts and gutters, and other such major
improvements, as the need therefore is determined by the City Council or
Manager, will be accomplished under the established policies of the City
4 Traffic signals, slgnage and other traffic control devices wall be installed as
the need therefor is estabhshed by approprtate study and traffic standards.
5. Street and road lighting will be installed in the substantially developed areas
~n accordance w~th the established pohc~es of the City
F EnvlronmentalHealth and Code Enforcement Services
I Enforcement of the City's environmental health ordinances and regulations
including, but not limited to the grass and weed ordinance, garbage and
trash ordinance, junked vehicle ordinance, sign ordinance, food handler
ordinance, animal control ordinance, and the tree preservation ordinance
shall be provided within this area on the effective date of the annexation.
These ordinances and regulations wdl be enforced through the use of existing
personnel.
2 Building, plumbing, electrical, gas, and all other construction codes, as may
be adopted by the City, will be enforced within this area beginning w~th the
2
effective date of the annexation Existing personnel will be used to provide
these services
3 The City's zoning, subdivision and other ordinances shall be enforced in this
area beginning on the effective date of the annexation
4. All inspection services provided by the City of Denton, but not mentioned
above, will be provided to this area beginning on the effective date of the
annexation. Existing personnel will be used to provide these services.
5. Flood damage mitigation will be provided by existing codes and ordinances
of the City as of the effective date of the annexation
6. As development and construction commence within this area, sufficient
personnel will be provided to furnish this area with the same level of
environmental health and code enforcement services as are furnished to
comparable areas within the City.
G. Pl~nnm_~ and Development Services
The zoning jurisdiction of the City will extend to the annexed area on the
effective date of annexation The tract is to be temporarily zoned Agriculture
(A) zoning district classification at the time of annexation
I. ]parks and Recreation Services
Residents of the newly annexed area may use all recreation facilities, including
parks and swimming pools throughout the City, on the effective date of the
annexation The same standards and policies now used w~thin the City will be
followed in the maintenance of parks, playgrounds and swimming pools
J i u io
Electrical power will be made available to the site as required, at the same level
of service currently being provided to comparable areas within the City.
K. Miscellaneous
1 Street names and signs will be installed, if required, approximately six (6)
months after the effective date of annexation
2 Residents of the newly annexed area may use all publicly owned facilities,
buildings or services within the city on the effective date of the annexation. All
publicly owned facihtles, buddings or services will be maintained In accordance
with established standards and policies now used in the City
3
L. Capital Improvements Program (CIP)
The CIP of the City is priorit~zed by such policy guidelines as
I Demand for services as compared to other areas will be based on
characteristics of topography, land utihzation, 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 service
The annexed area will be considered for CIP improvements in the upcoming
CIP plan. This tract will be considered according to the same established
criteria as all other areas of the City
4