1995-051A640RD
AN ORDINANCE OF THE CITY OF DENTON, TEXAS ANNEXING A TRACT OF 199.5
ACRES LOCATED EAST OF MAYHILL ROAD AND NORTH OF EDWARDS ROAD;
APPROVING A TEMPORARY AGRICULTURAL ZONING DISTRICT CLASSIFICATION
FOR THE ANNEXED PROPERTY; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City of Denton has purchased approximately 55
acres of this tract and has a contract to purchase an additional
135 acres for the purpose of expanding its landfill: and
WHEREAS, the City of Denton wishes to extend its City limits
line to include the entire tract comprising 199.5 acres; and
WHEREAS, public hearings were held in the Council Chambers on
January 3, 1995, and January 17, 1994, (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 prop-
erty described herein by the introduction of this ordinance at a
meeting of the City Council on February 7, 1994; and
WHEREAS, this ordinance has been published in full one time in
the official newspaper of the City of Denton after annexation pro-
ceedings 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 the property annexed is temporarily zoned
for Agriculture "A" district classification and use designation
under the comprehensive zoning ordinance of the City of Denton,
Texas.
SECTION IV: That the City's official zoning map is amended to
show the temporary zoning district classification of the property
annexed.
SECTION V: That should any part of this ordinance be held
illegal for any reason, the holding shall not affect the validity
of the remaining portions 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 "A" regardless of
whether any other part of the described property is hereby effec-
tively annexed to the City. If any part of the real property
annexed is already included within the city limits of the City of
Denton or within the limits of any other city, town or village, 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.
SECTION VI: 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.
SECTION VII: That this ordinance shall become effective four-
teen (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 news-
paper of the City of Denton, Texas, within ten (10) days of the
date of its passage.
PASSED AND APPROVED this the~/~ day of ~ ,
1995.
JENNIFER WALTERS, CITY SECRETARY
PAGE 2
EXHIBIT "A"
ALL that certain lot, tract, or parcel of land lying and being
situated in the County of Denton, State of Texas, being part of the
Gideon Walker Survey A-1330 and more particularly described as
follows;
BEGINNING at a point in the existing city limits said point lying
in the south line of a tract described in Ordinance 81-94 said
point also lying at the northwest corner of the tract described in
Ordinance 83-18 and in the center of an east/west road (known as
Foster Road);
THENCE west along the center of said east/west road and the south
line of said City limits (Ordinance 81-94) a distance of 1815.66
feet to an interior corner of Ordinance 81-94, and the west
boundary line of the Gideon Walker Survey A-1330;
THENCE south with the west boundary line of said Walker Survey and
the east line of Ordinance 81-94 in Mayhill Road 1228.21 feet to a
point in the center of a county road and also the northwest corner
of Ordinance 86-14:
THENCE south 2° west with the east line of Ordinance 86-14 a
distance of 1727.92 feet to the northwest corner of Ordinance 83-
16;
THENCE south 88° 29' east with the north line of Ordinance 83-16 a
distance of 1489.1 feet to the northwest corner of Ordinance 86-15;
THENCE south 86° 53' east with the north line of Ordinance 86-15 a
distance of 1412.5 feet to the northwest corner of Ordinance 86-
218;
THENCE south 86° 59' 59" east with the north line of Ordinance 86-
218 a distance of 627.98 feet to the northeast corner of Ordinance
86-218 and in the west line of Ordinance 84-17, Third tract;
THENCE north 1260 feet to the northwest corner of Ordinance 84-17,
Third Tract and the southerly southwest corner of Ordinance 83-18;
THENCE north 1° 41' 08" east a distance of 541.96 feet with the
most easterly west line of Ordinance 83-18;
THENCE north 87° 37' 54" west with the northerly south line of
Ordinance 83-18 a distance of 831.02 feet to a point for corner;
THENCE north 88° 15' 45" west with the northerly south line of
Ordinance 83-18 a distance of 792.29 feet to the most northerly
southwest corner of Ordinance 83-18;
THENCE north 1° 09' 20" east with the west line of Ordinance 83-18
a distance of 1308.77 feet to the Point of Beginning and containing
199.5 acres of land.
AEE0028C/9
SERVICE PLAN
Annexation Number:. A-64
Acr~ge annexed: 199.5 Acres
Location: North of Edwards Road and East of Mayhill 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 Emerqency 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'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
facilities to serve their property, according to the
Subdivision and Land Development Regulations.
D. Solid 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 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 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 will be installed in the
substantially developed areas in accordance with
the established policies of the city.
2
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. Existing swimming pools
will be allowed six months from the effective date
of annexation to comply with provisions of the
swimming Pool Code. All 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. 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. Planninq 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
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 Distribution
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 six (6) months after the effective date of
annexation.
Residents of the newly annexed area may use all publicly
owned facilities, 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
facility 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.
A-64 Landfill: NORTH
ATTACHMENT 1
Location Map
Date: 3/8/94 Scale: None