1996-233a72ord wpd
AN ORDINANCE OF THE CITY OF DENTON, TEXAS ANNEXING A TRACT
COMPRISING 96 78 ACRES, LOCATED NORTH OF MINGO ROAD AND WEST OF
COOPER CREEK ROAD, TEMPORARILY CLASSIFYING THE ANNEXED PROPERTY AS
~A', AGRICULTURAL DISTRICT, PROVIDING FOR A PENALY IN THE MAXIMUM
AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND DECLARING AN
EFFECTIVE DATE
WHEREAS, the Cmty of Denton wmshes to extend mts Cmty lmmmts
lmne to mnclude the 96 78 acre tract as descrmbed mn exhmbmt 'A',
and
WHEREAS, publmc hearmngs were held mn the Council Chambers on
August 6, 1996, and August 20, 1996, (both days bemng on or after
the 40th day but before the 20th day before the date of mnstmtutmon
of the proceedmngs) to allow all mnterested persons to state themr
vmews and present evmdence bearmng upon thms annexatmon, and
WHEREAS, annexatmon proceedmngs were mnstmtuted for the
property descrmbed heremn by the mntroductmon of thms ordmnance at
a meetmng of the Cmty Councml on September 10, 1996, and
WHEREAS, thms ordmnance has been publmshed mn full one tmme mn
the offmcmal newspaper of the Cmty of Denton after annexatmon
proceedings were lnstmtuted and 30 days prmor to Cmty Councml
takmng fmnal actmon, as requmred by Cmty Charter, NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
~ That the tract of land descrmbed mn exhmbmt 'A',
attached hereto and mncorporated by reference, ms annexed to the
Cmty of Denton, Texas
~ That the servmce plan attached as exhmbmt 'B' and
mncorporated by reference, whmch provmdes for the extensmon of
munmclpal servmces to the annexed property, ms approved as part of
thms ordmnance
~ 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
permanent zonmng ms establmshed by the cmty councml
ECT_~ IV That the Cmty's offmcmal zonmng map ms amended to
show the temporary "A" agrmcultural dmstrmct classlfmcatmon of the
property annexed
~ Should any part of thms ordmnance be held mllegal
for any reason, the holdmng shall not affect the remamnlng portion
of thls ordmnance and the Cmty Councml hereby declares mt to be mrs
purpose to annex to the City of Denton all the real property
described in 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 included within
the c~ty limits of the City of Denton or within the l~mlts of any
other city, town or v~llage, or is not within the City 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 this ordinance
~ That any person violating any provIsion of this
ordinance shall, upon conviction, be fined a sum not exceeding
$2,000 00 Each day that a provision of this ordinance is violated
shall constitute a separate and distinct offense
~ That th~s ordInance shall become effective
fourteen (14) days from the date of ~ts passage, and the City
Secretary is hereby dlrected to cause the caption of this ordinance
to be published twice in the Denton Record Chronicle, 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 ~, 1996
JACK MILLER, MAYO~
ATTEST
JENlXlIFER ~ALTERS, CITY 8ECRETJ:d~.¥
AP AS TO LEGAL FORM
"EXHIBIT A"
ALL that certain lot, tract or parcel of land lying and being situated m the County of
Denton, State of Texas, being part of the D Culp Survey, Abstract Number 287 and
part of the J. Early Survey, Abstract Number 1279 and part of the T Living Survey,
Abstract Number 729 and being a portion of that 256 974 acre tract of la'nd
described by deed to E D S Engineering Corporauon as recorded m Volume 922,
Page 718 of the Deed Records of Denton County, Texas and being ali of a 5 acre
tract conveyed to Cooper Creek Methodist Church as recorded in Volume 93, Page
95 of the Deed Records of Denton County, Texas and being the prescribed Cooper
Creek Road right-of-way (~ 56 feet w~de) effecung a certain 13 071 acre tract
conveyed to Alan R Thetford and wife by deed recorded m Volume 2892, Page 933
of the Real Property Records of Denton County, Texas and effectmg a certain 12 00
acre tract conveyed to James A Roden by deed recorded as 93-R0018804 m the Real
Property Records of Denton County, Texas and effectmg a certain 5 80 acre tract
conveyed to Kevin M Kenney and w~fe by deed recorded m Volume 1051, Page 868
of the Deed Records of Denton County, Texas and effectmg a certain 2 $ acre tract
reserved for graveyard, church and school house purposes by deed recorded m
Volume 29, Page 229 of the Deed Records of Denton County, Texas and being more
particularly described as follows
BEGINNING at a point m the present Denton c~ty hnuts as estabhshed by
Ordinance 82-6, sa~d point also being most southerly southwest corner of a 125 25
acre tract annexed by the C~ty of Denton as estabhshed by Ordinance 86-88, sa~d
point also being 600 feet ra&al from the center hne of State H~ghway Loop 288,
THENCE South 87° 26' 24" East along the most southerly south hne of smd
Ordinance 86-88 annexauon and contmmng a d~stance of 2,174 61 feet to a point
for corner, smd point being an ~nner ell corner of the T L~v~ng Survey, Abstract
Number 729 and being the northwest corner of smd J Early Survey, Abstract
Number 1279,
THENCE South 86° 18' East crossing a north south road known as Cooper Creek
Road a d~stance of 83 95 feet to a point for corner, sa~d point 13nng on the most
southerly north hne of smd Thetford tract and being approyamately 28' radml from
the centerhne of Cooper Creek Road, smd pmnt also being the beg~nmng of a curve
to the left whose radius point bears South 74° 54' 17" East a d~stance of 900 feet,
and whose central angle ~s 12° 03' 12";
THENCE southwesterly along smd curve an arc d~stance of 189 33 feet to a point for
corner, smd point being approyamately 28 feet radial from the centerhne of Cooper
Creek Road,
THENCE South 03° 02' 31" West passing at 126 69 feet the south hne of smd
Thetford tract and the north hne of smd Roden tract and conunmng along the east
right-of-way of Cooper Creek Road passing at 336 14 feet a south line of said Roden
tract and the north line of said Kenney tract and continuing along the east r~ght-of-
way line of Cooper Creek Road passing at 751 59 feet the south hne of sa~d Kenney
tract and the north hne of said cemetery tract and cont~nmng along the east right-of-
way hne of Cooper Creek Road passing at 997 16 the southwest fence corner of sa~d
cemetery tract and continuing a total distance of 1,019 67 feet to a po~nt'for comer,
sa~d point 1)nng on the north hne of a 9 2154 acre tract annexed by the City of
Denton as estabhshed by Ordinance 87.187, sa~d point also 1)qng on the north bne
of the M Forrest Survey, Abstract Number 417,
THENCE North 88° 54' 44" West along sa~d lines and Cooper Creek Road passing at
28 40 feet the a southeast corner of sa~d E D.S Engineering Corporation and being
the outer ell corner of the J Early Survey, Abstract Number 1279 and continuing a
total distance of 224.46 feet to a point for comer, said point being the northwest
corner of said M Forrest Survey, Abstract Number 417,
THENCE South 01° 05' 53" West along the existing Denton oty hnuts hne(Ord 87-
187) and the east hne of sa~d M Forrest Survey, Abstract Number 417 and a west
hne of sa~d J Early Survey, Abstract Number 1279 and along Cooper Creek Road a
distance of 785 87 feet to a point for corner, sa~d point l)nng on the north r~ght-of-
way hne of the Texas and Paofic Railroad and also being the corner of a tract
annexed by the City of Denton as estabhshed by Ordinance 65-43,
THENCE South 69° 30' 11" West along the eyastmg Denton city hnuts hne(Ord 65-
43) same being the north r~ght-of-way line of the Texas and Pacific Railroad a
distance of 1,691 41 feet to a point for corner, sa~d point lying 600 feet east of and
perpendicular to the center hne of State Highway Loop 288, said point also being
the most southerly southeast corner of a tract annexed by the City of Denton as
established by Ordinance 82-6,
THENCE North 00° 33' 53" East along the eyast~ng Denton oty hnuts hne (Ord 82-
6) 600 feet east of and parallel to sa~d center hne of State Highway Loop 288 a
distance of 896 14 feet (called 907.42 feet m Ord 82-6) to a point for corner, sa~d
point being the beginning of a curve to the left whose radius point bears North 89°
26' 07" West a distance of 4,419.72 feet and whose central angle ~s 23° 46' I 1",
THENCE northwesterly along said curve 600 feet northeast of and parallel to the
center hne of State H~ghway Loop 288 and along the eyastmg Denton c~ty hnuts
(Ord 82-6) an arc length of 1,833.56 feet to the POINT OF BEGINNING and
containing 96.78 acres of land
annex2 wpd 6 25 96
SERVICE PLAN (A-72)
CASE #: A-72
AREA. 96 78 acres
LOCATION: North of Mm,~o Road and West of Cooper Creek 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 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)
I 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 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 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 facdlties required to serve their development in
accordance with the City's master utdlty plan and the Subdivision and Land
Development Regulations.
The City may participate in the cost to oversize water and sewer mains subject to
fund avadabdIty and approval of the City Council
Where water or sewer mam extensions~ aft statlous~ 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
Subd~wslon 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
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
applied to comparable areas of the City
3 Reconstruction and resurfacing of streets, installation of storm drainage
faclhties, 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 policies of the City
4 Traffic signals, slgnage 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. 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, iunked vehicle ordinance, s~gn 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 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 prowde these
services
3. The CltyVs zoning, subdivision and other ordinances shall be enforced in this
area beglnmng on the effective date of the annexation
4. AIl inspection services provided by the City of Denton, but not mentioned above,
will be provided to this area begmmng 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. planning and Development Services
The zomng jurisdiction of the City wdl 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 ~
Electrical power will be made avadable to the site as required, at the same level of
serwce currently being provided to comparable areas within the City
K. Miscellaneous
Street names and signs wall be installed, if required, approximately six (6) months
after the effective date of annexation
Residents of the newly annexed area may use all pubhcly owned facditles, buddings
or services within the city on the effective date of the annexation All pubhcly
owned facilities, buddings or services will be maintazned in accordance with
established standards and policies now used in the City
L Capital Improvements Program (CIP)
The CIP of the City is pr~orit~zed 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 Clt~