1997-130 ORDINANCE NO q Q ~/3 (D
AN ORDINANCE OF THE CITY OF DENTON, TEXAS ANNEXING A TRACT COMPRISING
286 57 ACRES, LOCATED NORTH OF BRUSH CREEK ROAD AND EAST OF US HIGHWAY
377, 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 EFFECTIVE DATE
WHEREAS, the City of Denton wishes to extend ~ts City hnnts hne to include the 286 57 acre
tract as described in exhibit 'A', and
WHEREAS, public hearings were held in the Council Chambers on February 18, 1997, and
March 4, 1997, (both days being on or after the 40th day but before the 20th day before the date of
~nstltuUon of the proceedmgs) to allow all interested persons to state their wews and present evidence
bearing upon this annexation, and
WHEREAS, annexatmn proceechngs were instituted for the property described herein by the
introduction of this ordinance at a meeting of the City Council on March 25, 1997, 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 I That the tract of land described in exhibit 'A', attached hereto and ~ncorporated
by reference, is annexed to the C~ty of Denton, Texas
SECTION II That the serwce plan attached as exhibit 'B' and ~ncorporated by reference,
which provides for the extension ofmumc~pal serwces to the annexed property, ~s approved as part
of this ordinance
SECTION III That, pursuant to {}35-15 (a) of the Code of Ordinances of the City of
Denton, Texas, the annexed property is temporarily classified as "A,' agricultural district, until
permanent zomng is established by the City Council
SECTION IV That the City's official zomng map is amended to show the temporary A
agricultural district classlfiCaUon of the property annexed
SECTION V Should any part of this ordinance be held illegal for any reason, the holding
shall not affect the rematmng port~on of this ordinance and the C~ty Council hereby declares it to be
~ts purpose to annex to the C~ty of Denton all the real property described ~n Exhibit "A" regardless
of whether any other part of the described property ~s hereby effectively annexed to the C~ty lfany
part of the real property annexed ~s already ~ncluded w~th~n the city hm~ts of the C~ty of Denton or
within the limits of any other city, town or village, or is not within the City of Detuon's jurisdiction
to annex, the same is hereby excluded from the temtory annexed as fully as if the excluded area were
expressly described in this ordinance
~ That any person violating any provision of this ordinance relating to the
Temporary "A" Agricultural District shall, upon conviction, be fined a sum not exceeding $2000 00
Each day that a proxamon of tins ordinance is xnolated shall conmtute a separate and distinct offense
~ 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 caption of this ordinance to be
pubhshed twine in the Denton Record Chromcle, 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 ~, 1997
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L
PAGE 2
"EXHIBIT A"
ALL that certain lot, tract or parcel of land lying and being s~tuated in the County of
Denton, State of Texas, being part of the James Severe Survey, Abstract Number
1164 and being a portion of that 304 995 acre tract of land described by deed to
MXTX Propertaes, Ltd., recorded in Volume 3114, Page 731 of the Real Property
Records of IDenton County, Texas and being part of a 5 acre tract conveyed to W D
Gaston by deed recorded m Volume 596, Page 682 of the Deed Records of Denton
County, Texas and being more parucularly described as follows
BEGINNING at a point m the present Denton city hrmts as estabhshed by
Ordinance 69-40 (Tract III), sa~d pmnt lying 500 feet southeasterly of and
perpendicular to the centerline of U S. Highway 377 (Fort Worth Drive) and said
point lyang approxtmately 2,230 feet south of the north line of the James Severe
Survey, Abstract Number 1164 and sa~d point lying on a south line of sa~d 304 995
acre tract,
THENCE North 27° 49' 14" East 500 feet parallel to and southeasterly of the
centerhne of U S. Highway 377 (Fort Worth Drive) along sa~d ex~st~ng Denton c~ty
hm~ts hne (Ordinance 69-40 (Tract III)) a d~stance of 1,584 93 feet to the beginning
of a curve to the right whose radius point bears South 62° 10' 46" East a distance of
3,319 80 feet, and whose central angle is 13° 57' 40",
THENCE northeasterly along the arc of said curve 500 feet parallel to and
southeasterly of the centerhne of U S Highway 377 (Fort Worth Drive) along smd
ex~stmg Denton city bnuts hne (Ordinance 69-40 (Tract III)) a d~stance of 808 93
feet to a point for corner, said point being the southeast corner of a 2 5 acre tract
d~sannexed by the C~ty of Denton by Ordinance 80.1 (Tract One) and sa~d point
lying on a, north line of sa~d 304.995 acre tract,
THENCE North 88° 34' 45" East departing sa~d Denton c~ty hmsts hne continuxng
along the boundaries of sa~d 304.995 acre tract a d~stance of 1,171 23 feet to a point
for corner,
THENCE North 05° 47' 49" East a distance of 193 72 feet to a point for comer,
THENCEINorth 88° 38' 45" East a d~stance of 1,240 69 feet to a point for comer,
smd point being the northeast corner of the James Severe Survey, Abstract Number
1164,
THENCE South O0° 47' 13" East a d~stance of 4,847 75 feet to a point for corner,
THENCE with the meanders of the Graveyard Branch creek the following 17 calls'
(1.) South 86° 47' 00" West a distance of 47 26 feet to a point for corner,
(2) North 28° 28' 00" West a distance of 122 60 feet to a point for corner,
(3) North 43° 43' 00" West a distance of 98 90 feet to a point for comer,
(4) North 23° 56' 00" West a distance of 175 20 feet to a point for comer,
(5) North 70° 49' 00" West a distance of 64 O0 feet to a point for comer,
(6) South 66° 40' 00" West a distance of 87 10 feet to a point for corner,
(7) South 44° 51' 00" West a distance of 139.40 feet to a point for comer,
(8) South 65° 15' 00" West a distance of 223 20 feet to a point for comer,
(9) South 57° 21' 00" West a distance of 124 60 feet to a point for corner,
(10) South 50° 28' 00" West a &stance of 223 90 feet to a point for corner,
(I 1 ) South 55° 10' 00" West a distance of 109 80 feet to a point for corner,
(I2) South 78° 59' 00" West a distance of 72 80 feet to a point for comer;
(13) North 37° 46' 00" West a distance of 102 40 feet to a point for comer,
(14) North 41° 50' 00" West a distance of 73 40 feet to a point for corner,
(15) North 51° 58' 00" West a distance of 86 60 feet to a point for corner,
(16 ) North 73° 5 I' 00" West a distance of 202 40 feet to a point for corner,
(17) North 75° 25' 00" West a distance of 17 11 feet to a point for corner,
THENCE South O0° 00' 44" West a distance of 467 83 feet to a point for comer, said
point lying on the north right-of-way line of Brush Creek Road;
THENCE West along the north right.of-way line of Brush Creek Road a distance of
723 25 feet to a point for comer;
THENCE North 00° 08' 54" West a distance of 2,888 09 feet to a point for corner,
said point,being the northeast comer of a 5 639 acre tract conveyed to M D Jones
by deed dated September 8, 1972 and recorded with clerk's file number 15833 in the
Deed Records of Denton County, Texas,
THENCE North 89° 18' 47" West a distance of 1,450 36 feet to the POINT OF
BEGINNING and containing 286 57 acres of land
annex4 wlxl 1 31 97
EXHIBIT "B"
SERVICE PLAN
CASE #. A-75
AREA 286.57 acres
LOCATION North of Brush Creek Road and East of HWY 377
Mumclpal services to the site described above shall be furnished by or on behalf of the
the City of Denton, Texas, at the following levels and in accordance with the following
schedule
B. ]~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 pohce 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 hmltatlons 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 wall be provided to this area as are furnished to comparable
areas within the City.
C W#ter/Wastewater Services
Water and wastewater services wall 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 avadablhty and approval of the City Council
Where water or sewer main extenslous, hft 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 C~ty, within 60 days of the
effective date of annexation.
2 As development and construction commence within this property, and
population density increases to the proper level, sohd waste collection shall be
provided to this property in accordance with then current policies of the City
as to frequency, charges and so forth.
E. Streets and Roads
1. The City of Denton's existing pohcles with regard to street maintenance,
apphcable throughout the entire City, shall apply to this property beginning
with the effective date of the annexation.
2. Routine maintenance of streets and roads will begin in the annexed area on the
effective date of annexation using the standards and level of service as currently
apphed to comparable areas of the City
3. Reconstruction and resurfacmg of streets, installation of storm drainage
faelhtles, 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 estabhshed pohcles of the City.
4. Traffic signals, signage and other traffic control devices will be installed as the
need therefor is established by appropriate study and traffic standards
5 Street and road lighting will be installed in the substantially developed areas in
accordance with the established policies of the City
F. ]~nvironmental Health and Code Enforcement Services
1. 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 will be enforced through the use of existing personnel
2. Budding, plumbing, electrical, gas, and all other construction codes, as may be
adopted by the City, will be enforced within this area beginning with the
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 prowded 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 furmshed 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
H. porks 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 within the City will be
followed in the maintenance of parks, playgrounds and swimming pools
I. ~
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.
J Miscellaneous
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1 Street names and s~gns wall be ~nstalled, if reqmred, approximately slx (6)
months after the effective date of annexation.
2. Residents of the newly annexed area may use all pubbcly owned facd~t~es,
buildings or serwces w~thln the c~ty on the effective date of the annexation All
publicly owned facd~ties, buddings or services will be maintained in accordance
with established standards and pohcleS now used in the C~ty.
K Capital Improvements Prouram (CIP~
The CIP of the City is priorit~zed by such pobcy gmdebnes as'
1. Demand for serwces as compared to other areas wall be based on characterist~cs
of topography, land utlhzatlon, population density, magmtude of problems as
related to comparable areas, estabhshed technical standards and professional
studies
2. The overall cost-effectiveness of prowd~ng a specific facd~ty or service
The annexed area wall be considered for CIP ~mprovements in the upcoming CIP
plan. This tract will be considered according to the same estabhshed crlterm as all
other areas of the C~ty.
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