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1993-188a ,J:\WPDOCS\ORD\RYAN.0 ORDINANCE NO. 1?6 AN ORDINANCE OF THE CITY OF DENTON, TEXAS ANNEXING 23.25 ACRES OF LAND LOCATED ALONG FORRESTRIDGE DRIVE AND NORTH OF RYAN ROAD; APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY; APPROVING SINGLE FAMILY (SF-16) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR THE ANNEXED PROPERTY; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the owners of the property have petitioned the City of Denton for the annexation of the property described herein; and WHEREAS, public hearings were held in the Council Chambers on August 3, 1993, and August 17, 1993, (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 property described herein by the introduction of this ordinance at a meeting of the City Council on September 7, 1993; 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 thirty 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 permanently zoned for single family (SF-16) zoning 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 $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 City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the 1993. ATTEST: JENNIFER WALTERS, CITY SECRETARY DEBRA A AS TO LEGAL FORM: DRAYOVITCH, CITY ATTORNEY BY: n PAGE 2 day of OC A4Z~t,.-, EXHIBIT "A" ESTATE OF FORRESTRIDGE, SECTION III Being a tract of land situated in the A. Gibson Survey, Abstract No. 498, Denton County, Texas and being a part of "Tract I" of that certain parcel of land described in two tracts and conveyed by deed from First Texas Savings Association, to Lodge Construction Company, Inc. recorded in Volume 1115, Page 211, Deed Records, Denton County, Texas and being further described as follows: BEGINNING at a 1/2" iron rod found for corner, said corner being the Southwest corner of Lot 16, Block A of Estates of Forrestridge, Section I, an addition to the City of Denton, Denton County, Texas, according to the plat recorded in Cabinet I, Page 151, Plat Records Denton County, Texas; THENCE South 85 degrees, 32 minutes, 05 seconds, East, along the South line of Block A of said addition, a distance of 1,332.10 feet to a 1/2" iron rod found for corner; said corner being the Southeast corner of Lot 7, Block C of said addition; THENCE South 00 degrees, 37 minutes, 33 seconds West, along a fence for a part of the distance, a distance of 721.51 feet to a fence post for corner in the North line of Ryan Road, said corner being the Southeast corner of said Lodge Construction Company tract; THENCE North 89 degrees, 22 minutes, 47 seconds West, along the North line of said Ryan Road, a distance of 1,315.61 feet to a 1/2" iron rod found for corner at a fence corner and in the West line of said survey and in the North line of Ryan Road, a public roadway, said point being the Southwest corner of said Lodge Construction Company tract; THENCE North 00 degrees, 19 minutes, 42 seconds West, along the West line of said survey and along a fence, a distance of 810.95 feet to the POINT OF BEGINNING and containing 23.25 Acres or 1,012,770 Square Feet of Land, more or less. Exhibit "B" SERVICE PLAN Annexation Number. A-62 Acreage annexed: 2315 Acres Location: North of Ryan Road on Forrestridge Drive 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. 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. D. 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 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 is 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. E 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. 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. 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. 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. 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. Single Family (SF-16) zoning classification is anticipated for this tract. 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. The annexation area will be considered according to the same established criteria as all other areas of the City. 4