1993-079J:\WPDOCS\ORD\ANNEX.ORD
ORDINANCE NO. 9,3-079
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING 3.85 ACRES OF
LAND LOCATED EAST OF AND ABUTTING THE I-35 SERVICE ROAD, SOUTH OF
MILAM ROAD; APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY;
APPROVING AGRICULTURE (A) DISTRICT ZONING CLASSIFICATION AND USE
DESIGNATION FOR THE PROPERTY; PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, public hearings were held in the Council Chambers on
March 2, 1993 and March 16, 1993 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 April 6, 1993; 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 thirty days prior to the 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 land described in Exhibit "A", attached
hereto and incorporated herein by reference, is annexed to the city
of Denton, Texas.
SECTION II. That the Service Plan attached as Exhibit "BOO and
incorporated herein 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 is temporarily zoned Agri-
culture "A" district classification and use designation under the
comprehensive zoning ordinance of the City of Denton, Texas pending
permanent rezoning of the property.
SECTION IV. 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 of 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 is 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 V. That any person violating any provision of this
ordinance shall, upon conviction, be fined a sum not exceeding
$2,000. Each day that a provision of this ordinance is violated
shall constitute a separate and distinct offense.
SECTION VI. 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.
Introduced before the City Council on, the (dth day of
1993.
PASSED AND APPROVED this the day of 1993.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
By: Ll~ L~l
PAGE 2
EXHIBIT "A"
FIELD NOTES TO 3.8534 ACRES IN THE JOHN AYERS SURVEY ABSTRACT
2, CITY OF DENTON, DENTON COUNTY, TEXAS.
ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED
IN THE JOHN AYERS SURVEY ABSTRACT 2, CITY OF DENTON, DENTON
COUNTY, TEXAS, BEING PART OF A (CALLED) 13.7027 ACRE TRACT AS
DESCRIBED IN A DEED FROM STUCKEY'S INC., A DELAWARE CORPORATION,
TO MUSKET CORPORATION, AN OKLAHOMA CORPORATION ON THE 17TH DAY OF
APRIL, 1985, RECORDED IN VOLUME 1630, PAGE 42, REAL PROPERTY
RECORDS OF DENTON COUNTY, TEXAS AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT A RIGHT-OF-WAY POST AT THE SOUTHWEST CORNER OF A
0.70 ACRE TRACT DESCRIBED IN A DEED FROM STUCKEY'S INC. TO THE
STATE OF TEXAS, FOR RIGHT-OF-WAY PURPOSES, ON THE 27TH DAY OF
OCTOBER, 1975, RECORDED IN VOLUME 613, PAGE 127, DEED RECORDS OF
DENTON COUNTY, TEXAS;
THENCE SOUTH 89 DEGREES 55 MINUTES 17 SECONDS EAST WITH THE SOUTH
RIGHT-OF-WAY OF F.M. ROAD 3163 (MILAM ROAD), A DISTANCE OF 150.0
FEET TO AN IRON PIN;
THENCE SOUTH 00 DEGREES 04 MINUTES 43 SECONDS WEST A DISTANCE OF
265.0 FEET TO AN IRON PIN;
THENCE NORTH 89 DEGREES 55 MINUTES 17 SECONDS WEST A DISTANCE OF
155.00 FEET TO AN IRON PIN;
THENCE SOUTH 00 DEGREES 13 MINUTES 23 SECONDS EAST A DISTANCE OF
442.42 FEET TO AN IRON PIN;
THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS WEST A DISTANCE OF
217.23 FEET TO THE PRESENT CITY LIMIT LINE OF THE CITY OF DENTON,
TEXAS, BEING 250.0 FEET PERPENDICULAR FROM THE CENTERLINE OF
INTERSTATE HIGHWAY 35;
THENCE NORTH 00 DEGREES 08 MINUTES 53 SECONDS EAST ALONG SAID
CITY LIMIT LINE, BEING 250.0 FEET FROM AND PARALLEL WITH SAID
HIGHWAY CENTERLINE, A DISTANCE OF 591.09 FEET TO A CORNER;
THENCE SOUTH 89 DEGREES 54 MINUTES 31 SECONDS EAST WITH SAID
RIGHT-OF-WAY A DISTANCE OF 217.93 FEET TO A WOOD RIGHT-OF-WAY
POST;
THENCE NORTH 00 DEGREES 40 MINUTES 24 SECONDS EAST WITH THE EAST
RIGHT-OF-WAY OF I.H. 35, A DISTANCE OF 116.68 FEET TO THE POINT
OF BEGINNING CONTAINING IN ALL 3.8534 ACRES OF LAND.
Exhibit "B"
SERVICE PLAN
Annexation Number. A-61
Acreage annexed: 3.85 Acres
Location: East of I-35 and South of Milam Road. (A-61)
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 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.
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.
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F.
5. Street and road lighting
substantially developed
the established policies
will be installed in the
areas in accordance with
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.
G.
Planning and Development Services
The zoning jurisdiction of the City will extend to the
annexed area on the effective date of annexation.
Commercial (C) conditioned zoning classification is
anticipated for this tract.
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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.
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