1994-121J:\WPDOCS\ORD\A65ORD
ORDINANCE NO. 9 - r 2
AN ORDINANCE OF THE CITY OF DENTON, TEXAS ANNEXING 79.69 ACRES OF
LAND LOCATED ALONG FM 2164 AND EXTENDING APPROXIMATELY 3,482 FEET
NORTH OF BOBCAT ROAD AND INCLUDING 450 FEET ON THE WEST SIDE AND
550 FEET ON THE EAST SIDE OF FM 2164; APPROVING A SERVICE PLAN FOR
THE ANNEXED PROPERTY; APPROVING A TEMPORARY AGRICULTURE (A) ZONING
DISTRICT CLASSIFICATION FOR THE ANNEXED PROPERTY; PROVIDING FOR A
PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND
DECLARING AN EFFECTIVE DATE.
WHEREAS, the City of Denton wishes to extend its extra-
territorial jurisdiction to include the area South of FM 2153 and
East of FM 2164; and
WHEREAS, public hearings were held in the Council Chambers on
May 3, 1994, and May 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, the Planning and Zoning Commission unanimously
recommended approval of this annexation on May 25, 1994; and
WHEREAS, annexation proceedings were instituted for the
property described herein by the introduction of this ordinance at
a meeting of the City Council on June 7, 1994; and
WHEREAS, this ordinance has been published in full one time in
the official newspaper of the City of Denton after annexation
proceedings 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 zoning district classification of the property annexed.
SECTION V: Should any part of this ordinance be held illegal
for any reason, the holding shall not affect the remaining portion
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 effectively 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
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 City of Denton, Texas, within ten (10) days of the
date of its passage.
PASSED AND APPROVED this the 19-a day of 4- ,
19°^
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ATr.
JE1
BY
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
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BY:
PAGE 2
EXHIBIT 'A'
BEING strac of
the w. feet theiJ.tBurn.survey tA-
130 and the S. Blish Survey A-40 Denton County, Texas and also
feet
being 450
the cen HHighwaylocated
2 64 and 550 feeth on ethesieast (side of tFMli2164 fa d 2164 that is
acre tract centerline
further~described as
includeedn within7the 7es of 9.697land.
follows:
BEGINNING
lying sin thehsouth
No. 74-36,eTracti3,Jscity aid limits, as
ordinance point
City
line of the W. Johnston Survey A-681 and also in the north line of
the W. Roark Survey A-1095; t
THENCE north 30 23, west a distance of 2884.8 feet to the beginning
of a curve to the right, whose radius is 2864.93 feet and central
angle is 110 561 17";
THENCE in a northeasterly direction with said curve to the right a
distance of 597.41 feet to the end of this centerline.
AEE0028C/11
EXHIBIT 'B'
SERVICE PLAN
Annexation Number. A-65
Acreage annexed: 79.697 Acres
Location: Along FM 2164 and extending approx. 3,482 feet North of
Bobcat Road and including 450 feet on the Westside and 550
feet on the Eastside of EM 2164. (A-65)
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)
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.
D.
Where water or sewe
force mains or other
by the developer, t.
reimbursement of the
rata charges paid by
facilities to serve
Subdivision and Land
r main extensions, lift stations,
necessary facilities are installed
ze developer shall be entitled to
cost of such facilities from pro-
persons connecting to or using such
their property, according to the
Development Regulations.
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.
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.
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.
F.
5. street and road lighting will be installed in the
substantially developed areas in accordance with
the established policies of the City.
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. 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. '7("/l lldvur r W
0
G. Planning and Deve o ment Services
The zoning jurisdiction of the City will extend to the
annexed area on/ the effective date of annexation. The
tract is to be/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.