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1987-1641849L AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, BEING ALL THAT LOT, TRACT OR PARCEL OF LAND CONSISTING OF APPROXIMATELY 2 82Z ACRES OF LAND LYING AND B~ING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING PART OF THE M FORREST SURVEY, ABSTRACT NO 417, DHNTON COUNTY, TEXAS, CLASSIFYING THE SAME AS AGRICULTURAL "A" DISTRILT PROPERTY, AND DECLARING AN EFFECTIVE DATE WHEREAS, a request for annexation for the property described in Exhibit "A", a copy of which is attached hereto and xncorpo- rated by reference herein, was introduced at a regular meeting of the City Council of the City of Denton, Texas, on the petition of the C~ty of Denton, and WHEREAS, an opportunl~y.~as afforded~ ak a public hearing held for that purpose on the ~/4~- day of ~_~~, 1987 ~n the Councll Chambers for ali--i-~rested p~ate ~h~ly v~ws and present evidence bearing upon the annexation provlaea ay tn~s ordinance, and ~HEREAS, an opportun~t~X ~was afforded, at a ~ubl~c hearing held for that purpose on the ~ day ?f ~, 1987 ~n the Council Chambers for all lnterestea persons to state their v~ews and present ewdence bearing upon the annexation provided by th~s ordinance, and ~HER~AS, this ordinance has been published in full at least one tlme in the official newspaper of the C~ty of Denton, Texas, prior to 1ts effective date, and after the public hearxngs, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the tract of land described ~n sa~d Exhibit "A" be, and the same ~s hereby annexed to the City of Denton, Texas, and the same ~$ made hereby a part of sa~d C~ty and the land and the present and future ~nhab~tants thereof shall be entitled to all the r~ghts and pr~wleges of other c~t~zens of sa~d C~ty and shall A-44/PAGE ONE be bound by the acts and ordinances of said City now in effect or which may hereafter be enacted and the property situated therein shall be subject to and shall bear its prorata part of the taxes levied by the City SECTION II The property described in Exhibit "A" is hereby classified as Agricultural "A" District and shall so appear on the official zon- ing map of the City of Denton, Texas, which map is hereby amended accordingly ShCTION III Should any section or part of this ordinance be held unconsti- tutional, illegal or invalid, or the application thereof lneffec= rive or inapplicable as to any territory, such unconstitutionality, Illegality, invalidity or ineffectiveness of such section or part shall in no wise affect, impair or invalidate the remaining portion or portions thereof, but as to such remaining portion or portions, the same shall be and remain in full force and effect, and should this ordinance for any reason be ineffective as to any part of the area hereby annexed to the City of Denton, such ineffectiveness of this ordinance as to any such part or parts of any such area shall not affect the effectiveness of this ordinance as to all of the remainder of such area, and the City Council hereby declares it to be its purpose to annex to the City of Denton every part of the area described in said Exhibit "A" of this ordinance, regardless of whether any other part of such described area is hereby effec- tively annexed to the City Provided, further, that if there is included within the general description of territory set out in Section I of this Ordinance to be hereby annexed to the City of Denton any lands or area which are presently part of and included within the limits of the City of Denton, or which are presently part of and included within the limits of any other City, Town or Village, or which are not within the City of Denton's jurisdiction to annex, the same is hereby excluded and excepted from the territory to be hereby annexed as fully as ii such excluded and excepted area were expressly described herein SECTION IV This ordinance shall be effective immediately upon its passage Introduced before the City Council on the~_~day of~, 1987 A-44/PAGE T~O PASSED AND APPROVED by the City Council on the ~day of ~, 1987 RAY STVNS, /~AYOR ATTEST APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY A-44/PAGB THREE All that certeth lot, tract or parcel of land, lying and being situated in the M Forrest Survey, Abstract No 417, Denton County, Texas, and being more particularly described as follows BEGINNING at a point in the present city limits, said point being the northernmost southeast corner of the tract described in Ordinance 84-g8, said point also lying in the southernmost north boundary line of a tract of land described in Ordinance No 87-050 ( Correction Ordinance of Ordinance 85-210, Tr II) THENCE north 20 34' 03" east (north 40 58' east, by Ordinance No 84-98) along the easternmost present city limits as established by Ordinance No 84-g8, same being the east boundary line of Lot 5, Block E of the M Forrest Subdivision, the west boundary line of Lot 6, Block E, passing at 678 77 feet the southwest corner of a 1 793 acre tract of land described in a deed to Tom Prouty, Trustee recorded in Vol 1755, Pg 495 of the 0 R D C T, and continuing a total distance of 1321 77 feet to the northwest corner of said 1 793 acres Prouty tract same being a U S Ar~Y Corps of Engineers monument Q-313W, for corner, THENCE south 25° 25' 50" east along the northeast boundary llne of said 1 793 acre Prouty tract, same being the southwest boundary line of a tract of land described in a deed to the City of Dallas, recorded in Vol lgS, Pg 573 of the D R O C T, a distance of 490 89 feet to a U S Arnty Corps of Engineers monument Q-312W, for corner, THENCE south 340 06' 54" west along the southeast boundary line of said 1 793 acre Prouty tract, same being the northwest boundary line of said City of Dallas tract, passing at 232 82 feet the southeast corner of said 1 793 acre Prouty tract, continuing for a total distance of 269 96 feet to a U S ArnLy Corps of Engineers monument Q-311W, for corner, THENCE south 33o Ol* 16" east along the northeast boundary line of a 0 544 acre tract of land described in a deed to Tom Prouty, Trustee, recorded in Vol 1770, Pg 404 of the D R D C T, same being the southwest boundary line of said City of Dallas tract a distance of 281 65 feet to a U S Arnly Corps of Engineers monument Q-31OW, for corner, THENCE south O0o 35' 13" west along the easternmost boundary line of said 0 544 acre Prouty tract a distance of 12 77 feet to the southeast corner of said tract same being a northeast corner of the present city limit as established by the tract described in Ordinance No 87-050 ( Correction Ordinance of Ordinance 85-210, Tr II) for corner, THENCE north 87o 2l' 18" west along the south boundary line of said 0 544 acre Prouty tract, same being said present city limits, a distance of lB1 gl feet to the southwest corner of said 0 544 acre Prouty tract, same being an inner ell corner of the tract described in Ordinance 87-050 (Correction Ordinance of Ordinance No 85-210, Tract II) for corner, THENCE north 05o 23' 06" east along the west boundary line of said 0 544 acre Prouty tract, same being said present citY limits, passing at 242 28 feet the northwest corner of said 0 544 acre Prouty tract, and continuing for a total distance of 247 94 feet to the northernmost northeast corner of the tract described in Ordinance No 87-050 ( Correction Ordinance of Ordinance 85-210, Tr II) for corner, THENCE north 84o 43' 50" west along the northern most boundary line of said present city limits a distance of 40 24 feet to the northwest corner of the tract described in Ordinance No 87-050 (Correction Ordinance of Ordinance No 85-210, Tract II) for corner, THENCE south 2o 45' 31" west along said present city limits a distance of 264 28 feet to a point for a corner in the north boundary line of a tract described in a deed to Tom Prouty, trustee, recorded in Vol 1798 Pg 216 of the 0 R 0 C T , THENCE south 1o 31' 28" west along said present city limits a distance of 58 50 feet to a point for corner in the south boundary line of said Prouty tract, THENCE south 2° 06' 21" west along the west boundary line of the present city limits a distance of 335 65 feet to a point for corner same being an inner corner of the tract described in Ordinance No 87-050 ( Correction Ordinance of Ordinance No 85-210, Tract II) for corner, THENCE north 870 35' 54" west along the said present city limits, same being the easternmost southeast corner of said PMI( tract, a distance of 31 27 feet to the Place of Beginning and containing 2 822 acres of land PLAN OF SBRVILB POR ANNBXBD ARBA~ LITY OF DENTON~ TEXAb I Basic Service Plan A Police Patrolling, radio responses to calls, and other routine police services, using present personnel and equipment, will be provided on tl~e etiectlve date ot annexation B Fire Fire protection by the present personnel and equipment of the fire fighting force, will be provided on the effective date of annexation C ~ater/Wastewater Maintenance of public water and wastewater facilities will begin within sixty (60) days alter the effective date ot the annexation for all facilities required to be maintained by the City of Denton D Refuse Collection The same regular refuse collection service now provldea within the City will be extended to the annexed area w~thln sixty (60) days after the effective date of annexation ~ Streets 1 Emergency maintenance of streets (repair of hazardous chuckholes, measures necessary ~or traffic flow, etc ), will begin on the effective date of annexation Routine maintenance on the same basis as in the present City, wlll begin in the annexed area on the effective date of annexation 5 Reconstruction and resurfaclng ot streets, installation of storm drainage facilities, construction of curbs and gutters, and other such major improvements, as the need therefore is determined by the governing body, will be accomplished under the established pollcles of the C~ty 4 Traffic signals, traffic signs, street markings, and other traffic control devices will be installed as the need therefore is established by appropriate study and traffic standards F Inspection Services Any Inspection services now provided by the Clty (building, electrical, plumbing, gas, housing, sanitation, etc ) will beg~n ~n the annexation area on the effective date of annexation Service Plan Annexed Area Page 2 G Planning and Zoning The planning and zoning 3urlsdlct~on of the City will extend to the annexed area on the efiectlve date of annexation Llty planning will thereafter encompass the annexed area and a zoning designation for the property will be established H Street L~ghtlng Street lighting will be installed ~n the substantially developed areas in accordance with the established policies of the City I Recreation Residents oi the annexed area may use all existing recreational facilities, parks, etc , on the eifectlve date of annexation lhe same standards and policies now used in the present City will be followed in expanding the recreational program and facilities in the enlarged City O ~lectrlc Distribution The City recommends the use of City of Denton for new electric power Miscellaneous Street name signs where needed will be installed within approximately slx (6) months after the efiectlve date of annexation II Capital Improvements Program (CIP) The ~IP of the City is prioritized by such policy guidelines as A Demand for services as compared to other areas based partly on density of population, magnitude of problems compared to other areas, established technical standards and professional studies, and natural or technical re- straints or opportunities B Impact on the balanced growth policy of the City C Impact on overall City economics The annexed area will be considered for CIP in the upcoming CIP plan The annexation area will be judged according to the same established criteria as all other areas of the City