1996-232a73ord wpd
NO
AN ORDINANCE OF THE CITY OF DENTON, TEXAS ANNEXING A TRACT
COMPRISING 29 115 ACRES, LOCATED APPROXIMATELY 2,000 FEET EAST OF
GEESLING ROAD AND NORTH OF BLAGG 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 EFFECTIVE DATE
WHEREAS, the City of Denton washes to extend Its City limits
lmne to include the 29 115 acre tract as descrmbed mn exhibit 'A',
and
WHEREAS, publmc hearings were held mn the Council Chambers on
August 6, 1996, and August 20, 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
vmews and present evidence bearmng upon this annexation, and
WHEREAS, annexation proceedings were instItuted for the prop-
erty descrmbed herein by the lntroductmon of thms ordmnance at a
meetmng of the Cmty Council on September 10, 1996, and
WHEREAS, thms ordinance has been published mn full one tmme mn
the offlcmal newspaper of the Cmty of Denton after annexatmon pro-
ceedlngs were instituted and 30 days prior to City Council takmng
fmnal 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 mn exhmblt 'A',
attached hereto and incorporated by reference, Ks annexed to the
City of Denton, Texas
SECTION II That the servmce plan attached as exhmbmt 'B' and
mncorporated by reference, whmch provmdes for the extension of
municipal services to the annexed property, ms approved as part of
thms ordinance
SECTION III That, pursuant to §35-15 (a) of the Code of
Ordmnances of the Cmty of Denton, Texas, the annexed property ms
temporarmly classmfled as "A," agricultural dmstrmct, untml per-
manent zonmng KS established by the cmty councml
SECTION IV That the City's offlcmal zoning map Ks amended to
show the temporary "A" agricultural dlstrmct classlfmcatlon of the
property annexed
SECTION V Should any part of thms ordinance be held illegal
for any reason, the holding shall not affect the remamnlng portion
of this ordinance and the City Councml hereby declares bt to be mrs
purpose to annex to the City of Denton all the real property des-
crzbed zn Exhzbzt "A" regardless of whether any other part of the
descr%bed property zs hereby effectzvely annexed to the City If
any part of the real property annexed is already included within
the czty lzmlts of the City of Denton or within the limits of any
other czty, town or village, or is not wlthzn the Czty of Denton's
]urlsdlctzon to annex, the same is hereby excluded from the terrz-
tory annexed as fully as zf the excluded area were expressly des-
cribed zn this ordinance
SECTION VI That any person violating any provision of thzs
ordznance shall, upon convzctzon, be fzned a sum not exceeding
$2,000 00 Each day that a provzszon of this ordinance zs violated
shall constitute a separate and dzstznct offense
SECTION VII That this ordznance shall become effective four-
teen (14) days from the date of zts passage, and the City Secretary
is hereby directed to cause the captzon of thzs ordznance to be
publzshed twice zn the Denton Record Chronicle, the offzclal news-
paper of the City of Denton, Texas, wzthzn ten (10) days of the
date of its passage
PASSED AND APPROVED this the /~ day of O~, 1996
JACK MILLER, MAYOR
JENNIFER WALTERS, CITY SECRETARY
AP~OVED AS TO LEGAL FORM
HERB PROUTY, CITY ATTORNEY
EXHIBIT A
ALL that certmn lot, tract, or parcel of land lying and being s~tuated ~n the COUNTY OF DENTON,
STATE OF TEXAS m the Morreau Forrest Survey Abstract Number 417
BEGINNING at an ~ron rod found for comer ~n the most westerly west hne of that certmn ~act of land
conveyed by deed from Bass Land & Cattle Incorporated to D~eter Schwarz, recorded under Clerk's
Number 94-R0045817, Real Property Records, Denton County, Texas, smd point being the southeast
comer of that certain tract of land conveyed by deed from JBT Holding to John Powell Walker, recorded
under Clerk's File Number 93-R0034125, Real Property Records, Denton County, Texas,
THENCE S 02o 46' 04" W, 185 95 feet vath smd west hne of sa~d Schwarz tract to a fence comer for
THENCE S 58° 52' 24" E, 827 11 feet vath a southwest hne of smd Schwarz tract to fence comer set for
comers
THENCE S 30o 41' 34" W, 470 61 feet to a fence comer for corner ~n the ex~st~ng north hne of Blagg
Road, a publ,c roadway having a right-of-way of 40 0 feet,
THENCE N 85o 54' 22~' W, 515 03 feet w~th smd north hne of smd Road to a fence corner for comer,
THENCE N 85o 42' 04" W, 506 67 feet v~th sa~d north hne of sa~d Road to an ~ron rod set for comer,
THENCE N 860 04' 30" W, 204 25 feet gnth smd north hne of sa~d Road to an iron rod set for comer,
THENCE N 86° 17' 29" W, 172 08 feet w~th smd north hne of smd Road to an ~ron rod found for corner,
THENCE N 030 04' 00" E, 980 18 feet to a fence comer for comer m the south hne of that certain tract of
land conveyed'by deed from J B T Holding, Inc to John Powell Walker, recorded under Clerk's File
Number 93-R0034125, Real Property Records, Denton County, Texas,
THENCE S 89o 58' 54" E, 32 24 feet w~th smd south hne of smd Walker tract to an ~ron rod set for
THENCE S 850 56' 00" E, 419 30 feet w~th smd south hne of smd Walker tract to an ~ron rod set for
THENCE S 85o 54' 53" E, 433 79 feet vnth smd south hne ofsa~d Walker tract to the PLACE OF
BEGINNING and contmmng 29 115 acres of land of which 0 479 acres xs hereby dedicated for pubhc
roadway
SERVICE PLAN (A-73)
CASE #: A-73
AREA: 29.115 acres
LOCATION: North of Bla§g Road and East of Geesling Road
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 pohce services will be
provided to this area as are furnished to comparable areas within the City
B. Fire _oroteetion 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% master utlhty plan and the Subdivision and Land
Development Regulations.
The City may participate in the cost to oversize water and sewer mains subject to
fund avadabihty and approval of the City Council
Where water or sewer main extensions, lift stations, force mains or other necessary
faedities are installed by the developer, the developer shall be entitled to
reimbursement of the cost of such faeihties 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
D Sohd Waste Collection
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 pohcles 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
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
facditleS, construction of curb cuts and gutters, and other such ma]or
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 hghtlng will be installed in the substantially developed areas in
accordance with the established policies of the City
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 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. Exlstmg 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. Planning 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 within the City will be
followed in the maintenance of parks, playgrounds and swimming pools.
J. F2~
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 Miscellaneous
Street names and signs will be installed, if required, approximately six (6) months
after the effective date of annexation.
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Residents of the newly annexed area may use all pubhcly owned facilities, buildings
or services within the city on the effective date of the annexation All pubhcly
owned facditles, buildings or services will be maintained in accordance with
established standards and policies now used in the City
L (~#p~tal Improvements Program (CIP]
The CIP of the City IS prioritized by such pohcy gmdehnes as
1. Demand for services as compared to other areas will be based on characteristics
of topography, land utdlzatlon, 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 faclhty 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.
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