1996-070a71annex ord
AN ORDINANCE OF THE CITY OF DENTON, TEXAS ANNEXING A TRACT
COMPRISING 34 78 ACRES, LOCATED IN THE CLEAR ZONE SOUTH OF THE
EXISTING RUNWAY IN THE VICINITY OF THE DENTON MUNICIPAL AIRPORT,
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 DECLJIRING AN EFFECTIVE
DATE
WHEREAS, the City of Denton wishes to extend its Cmty limits
line to mnclude the 34 78 acre tract as described mn exhmbmt
and
WHEREAS, public hearings were held mn the Council Chambers
on January 2, 1996, and January 16, 1996, (both days bemng on or
after the 40th day but before the 20th day before the date of
lnstmtutlon of the proceedings) to allow all interested persons
to state themr views and present evmdence bearing upon thms
annexatmon, and
WHEREAS, annexatmon proceedings were instituted for the
property described herein by the mntroductlon of thms ordinance
at a meetmng of the City Council on February 6, 1996, and
WHEREAS, this ordmnance has been publmshed mn full one tmme
in the official newspaper of the City of Denton after annexatzon
proceedings were mnstltuted and 30 days prior to Cmty Councml
takzng f~nal actmon, as requmred by City Charter, NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the tract of land descrmbed in exhibit ~A",
attached hereto and incorporated by reference, is annexed to the
Cmty of Denton, Texas
SECTION II That the servmce plan attached as exhibit ~B"
and incorporated by reference, which provides for the extension
of munlcmpal services to the annexed property, ms approved as
part of this ordInance
SECTION III That, pursuant to §35-15 (a) of the Code of
Ordmnances of the Cmty of Denton, Texas, the annexed property is
temporarily classmfmed as "A," agricultural district, until
permanent zoning is established by the city council
SECTION IV That the City's offmcmal zonmng map ms amended
to show the temporary UA" agrmcultural dmstrmct classmflcatlon of
the property annexed
SECTION V Should any part of this ordinance be held
illegal for any reason, the holdmng shall not affect the
remaining portion of thzs ordinance and the C~ty Council hereby
declares it to be its purpose to annex to the City of Denton all
the real property described ~n Exhibit "A" 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 lncluded wlthln the city limits of the City of Denton or
within the lzmlts of any other city, town or village, or is not
within the Clty of Denton's jurisdiction to annex, the same is
hereby excluded from the territory annexed as fully as if the
excluded area were expressly described in thzs ordinance
SECTION VI That any person v~olatlng any provision of th~s
ordinance shall, upon conviction, be fined a sum not exceeding
$2000 00 Each day that a provision of this ordinance is
violated shall constitute a separate and distinct offense
SECTION VII 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 published twice in the Denton Record-Chronicle, the official
newspaper of the Czty of Denton, Texas, within ten (10) days of the
date of its passage
PASSED i~ND APPROVED th~s the /~ day of ~d~__ , 1996
ATTEST BOB CASTLEBERRY, MA7 ~
JENNIFER WALTERS, CITY SECRETARY
Page 2
ALL that certain lot, tract, or parcel of land e~tuated in Denton County,
State of Texas in the I. Hembrie Survey, Abstract No 594, J. McDonald
Survey, Abstract No. 873, W. Nell Survey, Abstract 970, and the J
KJelberg Survey, Abstract 1610 and being all of a tract shown by deed to
the City of Denton, Texas recorded as 94-R0071013, Real Property Records,
Denton County, Texas and being part of a tract shown by deed to the City
of Denton, Texas recorded in Volume 871, Page 137, (Tract ~wo) Deed
Records, Denton County, Texas and being more particularly described as
follows:
BEGINNING at the southeast corner of said "Tract Two" to the CLty of
Denton recorded in Volume 871, Page 137, D R.D.C.T., said point also
being an inner ell corner of the existing Denton city limit line as
described in Ordinance 79-76, Tract I~
THENCE South 06° 49' 38" East a d~tance of 1010 04 feet to a poLnt for
a corner, said point being the southeast corner of saLd City of Denton
tract 94-R00710137
THENCE North 88° 33' 24" West a dLstance of 1500.0 feet to a point for a
corner, said point being the southwest corner of said City of Denton
tract 94-R0071013~
THENCE North 09° 41' 20" East a dLstance of 1010 88 feet to a point for
a corner, said point being the northwest corner of said CLty of Denton
tract 94-R0071013 and also being the southwest corner of said CLty of
Denton tract V. 871, P. 137, Tract ~wo7
THENCE North 01° 26' 36" East along the west line of said City of Denton
tract V.871, P. 137, Tract Two, a distance of 464.39 feet to a point for
a corner, said point lying on the existing Denton c~ty limit line as
described in Ordinance 69-40 and Ordinance 79-76, Tract II,
THENCE South 54° 35' East along the existing Denton c~ty limit line, as
established by Ordinance 69-40, a distance of 831 91 feet to a point for
a corner, said point being the most westerly northwest corner of Tract I,
Ordinance 79-76~
THENCE South 88° 31' East along the existLng Denton city limit line, as
established by Ordinance 79-76, Tract I, a distance of 520 12 feet to the
POINT OF BEGINNING and containing 34 78 acres of land
10-20-95
AEE004CB
SERVICE PLAN (A-71)
CASE #: A-71
AREA: 34.78 acres
LOCATION' In the clear zone south of the existing runway in the vicinity of
the Denton Municipal Airport.
A. police Services
1. Patrolling, response to calls, and other routine services wall be prowded on the
effective date of the annexation, using ex,sting personnel and eqmpment.
2. Upon ultimate development of the area, the same level of police services will be
provided to this area as are furmshed to comparable areas within the City
B. F~re protectmn and Emergency Medical Services fEMS]
1. Fire protection and emergency medical services by the present personnel and
present equipment, within the llm~tatmns of avadable water and distances from
existing fire stations, will be prowded 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 th~s area as are furnished to comparable
areas within the City
C W#ger/Wastewater Services
Water and wastewater services will be extended to the property in accordance to
the City's master ut~hty plan and Section 34-118 of the Denton Code of Ordinances.
Developers shall pay the actual cost of all water and sewer main extensmns, hft
stations and other necessary faclbtles reqmred to serve their development in
accordance w~th 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 fatalities 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
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 policies with regard to street maintenance,
applicable throughout the entire City, shall apply to this property beginning
w~th 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
applied to comparable areas of the City.
3. Reconstruction and resurfacing 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, 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 wall be installed in the substantially developed areas in
accordance with the established policies of the City
F Environmental Health and Code Enforcement Services
2
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 shah 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 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. AIl mspectxon 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
S. 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. ]~lannm_~ 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
distr~ct classification at the time of annexation.
I Parks and Recreation Services
Residents of the newly annexed area may use all recreation facdfl~es, including
parks and swimming pools throughout the City, on the effective date of the
annexation. The same standards and pohcles now used within the City will be
followed in the maintenance of parks, playgrounds and swimming pools
Electrical power wdl be made available to the site as required, at the same level of
service currently being provided to comparable areas within the City.
K. ~
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 facdll~es, buildings
or services w~thin 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 pohcles now used in the City.
L. (~apital 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 utd~zat~on, populatmn density, magnitude of problems as related
to comparable areas, established technical standards and professional studies
2. The overall cost-effectiveness of providing a specific facdity or service.
The annexed area wdl be considered for CIP improvements in the upcoming CIP plan
This tract will be considered according to the same estubllshed criteria as all other
areas of the City