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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