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1996-069a70annex ord NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS ANNEXING A TRACT COMPRISING 21 62 ACRES LOCATED IN THE ESTATES OF FORRESTRIDGE SECTION II, 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 its City limits line to include the 21 62 acre tract described in exhibit ~A", and WHEREAS, public hearings were held in the Council Chambers on January 2, 1996, and January 16, 1996, (both days being on or after the 40th day but before the 20th day before the date of 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 February 6, 1996, 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 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, which provides for the extension of municipal services to the annexed property, is 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 zoning is established by the city council SECTION IV That the City's official zoning map is amended to show the temporary WA" agricultural district classification of the property annexed SECTION V 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 UA" 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 ~s already ~ncluded within the city lzmlts of the City of Denton or within the lzm~ts of any other clty, town or v~llage, or ~s not within the City of Denton's ]urlsdlctlon to annex, the same ~s hereby excluded from the territory annexed as fully as ~f the excluded area were expressly described in this ordinance SECTION VI That any person v~olatlng any provlslon of this ordinance shall, upon conv~ct~on, be fined a sum not exceeding $2000 00 Each day that a provIsion of this ordinance ~s violated shall constitute a separate and dlstlnct offense SECTION VII That this ordinance shall become effective fourteen (14) days from the date of ~ts passage, and the C~ty Secretary is hereby directed to cause the caption of th~s ordinance to be published twice ~n the Denton Record-Chronicle, the official newspaper of the C~ty of Denton, Texas, w~th~n ten (10) days of the date of its passage PASSED Ai~D APPROVED th~s the /~ day of ~~-~ 1996 ATTEST BOB CASTLEBERRY, MAJOR~ JENNIFER WALTERS, CITY SECRETARY / Page 2 Being a tract of land satuated in the T J Martan Survey, Abstract No 900, Denton County, Texas and being a part of ..Tract I" of that certaan parcel of land descrabed an two tracts and conveyed by deed from First Texas Sav~ngs Association to Lodge Construction Company, Inc , recorded in Volume 1115, Page 211. Deed Records of Denton Co~lnty, Texas and being further descrlbed as follows COMMENCING at the Southwest corner of Section III of Estates of Forrestr~dge, an addataon to the City of Denton, plat of which is recorded in Volu~ E, Page 375, Plat Records of Denton County, Texas. sazd co.~encang point also being on the North l~ne of Ryan Road (a 70' ROW), THENCE North 00 degrees 19 manures 42 seconds West, along the East l~ne of said Forrestrldge Section III, a d~stance of 1290.69' to the POINT OF BEGINNING, THENCE North 89 degrees 07 minutes 03 seconds West in Sanders Road, a d~stance of 326 35 feet to an iron pin at the Southeast corner of a tract described in a deed from N~cky C James et ux to Steve Fanning et ux recorded in Volu~ 1044, Page 898 Deed Records, Denton County, Texas, THENCE North 00 degrees 37 ~alnutes 05 seconds East w~th a fence, a d~stance of 271 14 feet to an iron pan at the Northeast corner of sa~d Fanning tract, THENCE South 89 degrees 47 minutes 21 seconds West with a fence, a d~stance of 515 04 feet to an aron p~n at the Westerly Southwest corner of subject tract, THENCE North 00 degrees 06 minutes 16 seconds West along and near a fence, a dxstance of 1016 25 feet to an ~ron pan at the Northwest corner of saad tract, ~. THENCE South 89 degrees 48 minutes 21 seconds East along and near a fence, a d~stance o~ 842 91 feet to an ~ron p~n at the Northeast corner of sa~d tract on the East boundary line of the T J Mar=~n Survey, and the West boundary line of Section II of Forrestrldge, an addatlon to the C~ty of Denton, ~a= of which is recorded in Volume C, Page 12, Plat Records, Denton County, Texas, THENCE South 00 de~'ree~'17 m~nutee 36 seconds West, with sa~d survey l~ne a dzstance of 1264 21 feet to an iron p~n THENCE South 00 degrees 19 m~nutes 42 seconds East, continuing along sazd survey line, a distance of 2345' to the POINT OF BEGINNING and CONTAINING in all 21 6168 acres of land, more or less S~RVICE PLAN (A-70) CASE # A-70 AREA. 21.62 acres LOCATION: Estates of Forrestrldge Section II A. Police 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 bmitat~ons of available water and distances from existing fire stations, wall 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/VCastewater Services Water and wastewater services will be extended to the property in accordance to the City's master utlhty plan and Section 34-118 of the Denton Code of Ordinances Developers shall pay the actual cost of all water and sewer main extensions, hft stations and other necessary faclbtles required to serve their development in accordance with the City's master utdlty plan and the Subdivision and Land Development Regulatmns The City may participate m the cost to oversize water and sewer mains subject to fund avadablhty 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 faclbties 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 within this property, and population density increases to the proper level, solid waste collection shall be prowded to this property in accordance with then current policies of the City as to frequency, charges and so forth. E. ~ I The City of Denton's existing policies w~th regard to street maintenance, applicable throughout the entire C~ty, shall apply to this property beginning w~th the effective date of the annexation. 2. Routine maintenance of streets and roads wiH begin m 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 resurfaemg 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 slguals, slgnage and other traffic control devices wall be installed as the need therefor is established by appropriate study and traffic standards 5. Street and road hghtmg will be installed in the substantially developed areas in accordance with the established pohcles of the C~ty. F Environmental 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 ordmance 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 Building, 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 annexatton. Existing personnel wdl 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 AIl inspection services provided by the City of Denton, but not mentioned above, wall 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 prowded to furnish this area with the same level of environmental health and code enforcement services as are furnished to comparable areas w~thin the Cfly G planmng 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 zoned single family SF-16 zoning district classification at the time of annexation I parks and Recreation Services Residents of the newly annexed area may use all recreation faclhtles, 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. J. ~ 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 Street names and signs will be installed, if required, approximately slx (6) months after the effective date of annexation. Residents of the newly annexed area may use all publicly owned facdlt~es, buildings or services within the city on the effective date of the annexation All publicly owned facilities, buildings or services will be maintained in accordance with established standards and policies now used in the City L. Capital Improvements Program (CIP) The CIP of the City is prioritized by such policy guidelines as 1 Demand for services 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 facd~ty or service The annexed area will be considered for CIP Improvements m the upcoming CIP plan. This tract will be considered according to the same established criteria as all other areas of the City 4