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1986-1301382L NO 6:- 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 299 83 ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING PART OF THE GIDEON WALKER SURVEY, ABSTRACT NO 1330, AND THE W DURHAM SURVhY, ABSTRACT NO 330, DENTON COUNTY, TEXAS, CLASSIFYING THE SAME AS AGRICULTURAL "A" DISTRICT 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 incor- porated by reference herein, was introduced at a regular meeting of the City Council of the City of Denton, Texas, on the petition of Miller of Texas and the City of Denton, and WHEREAS, an opportunity was Afforded, at a ublic hearing held for that purpose on the day of 1986 in the Council Chambers for all interested per ons to state their views and present evidence bearing upon the annexation provided by this ordinance, and WHEREAS, an opportunity was afforded, at a public hearing held for that purpose on the day of , 1986 in the Council Chambers for all interested persons to state their views and present evidence bearing upon the an xation provided by this ordinance, and WHEREAS, this ordinance has been published in full at least one time in the official newspaper of the City of Denton, Texas, prior to its effective date, and after the public hearings, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the tract of land described in said Exhibit "A" be, and the same is hereby annexed to the City of Denton, Texas, and the same is made hereby a part of said City and the land and the present and future inhabitants thereof shall be entitled to all the rights and privileges of other citizens of said City and shall 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 zoning map of the City of Denton, Texas, which map is hereby amended accordingly SECTION III Should any section or part of this ordinance be held uncon- stitutional, illegal or invalid, or the application thereof A-38/MILLER OF TEXAS/PAGE ONE ineffective or inapplicable as to any territory, such unconsti- tutionality, 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 effectively 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 if such excluded and excepted area were expressly described herein SECTION IV This ordinance shall be passage Introduced before the City effective immediately upon its Council on the c,20 day of 1986 PASS AND APPROVED by the City Council on the day of , 1986 ATTEST C L T 4ALN:, C TY RIsT~ARY CITY OF DENTON, TEXAS MAYOR CU DENTON, TEXAS CITY APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY ~iQ 90~ k04d -I ~f A-38/MILLER OF TEXAS/PAGE TWO 1382L EXHIBIT "A" All that certain tract or parcel of land lying and being situated in the County of Denton, State of Texas and being part of the Gideon Walker Survey, Abstract 1330, and the W Durham Survey, Abstract 330, and being more fully described as follows BEGINNING at a point lying in the present city limits, said point lying at the intersection of the North boundary line of the tract described in Ordinance 84-97, with a point lying in the center of Swisher Road, said point also being the Southwest corner of a tract of land conveyed to George M Hopkins by deed recorded in Volume 414, Page 65 of the Deed Records of Denton County, Texas, THENCE North 00° 06' 04" East with the center of Swisher Road and with the west boundary line of said tract a distance of 1,520 87 feet to a point for corner, said point being the Western Northwest corner of said tract, THENCE North 89° 50' 58" East along the north boundary line of said tract distance of 1,655 56 feet to a point for corner, THENCE North 00° 41' 35" East along the Easterly West boundary line of said tract a distance of 320 18 feet to a point, said point being the North Northwest corner of said Hopkins tract and the Southwest corner of a tract of land conveyed to D P Roddy, et al, by deed recorded in Volume 1363, Page 611 of the Deed Records of Denton County, Texas, THENCE North 00° 08' 51" West along the West line of said Roddy tract a distance of 1,166 92 feet to a point, said point being the Northwest corner of said tract, same being the Southwest corner of a tract of land conveyed to Virginia Lee Fowler by deed recorded in Volume 986, Page 811 of the Deed Records of Denton County, Texas, THENCE North 00° 13' 37" West along the West boundary line of said Fowler tract a distance of 373 85 feet to a point, THENCE North 00° 42' 25" West along the West boundary line of said Fowler tract a distance of 806 45 feet to a point for corner, said point being the Northwest corner of said tract, THENCE North 89° 29' 03" East along the North boundary line of said Fowler tract passing at 954 11 feet the Northeast corner of said tract, same being the Northwest corner of a tract of land conveyed to David D Vaughn by deed recorded in Volume 986, Page 827 of the Deed Records of Denton County, Texas, and continuing a total distance of 1261 48 feet to a point for corner, said point lying in the North boundary line of said Vaughn tract, said point also being the Southwest corner of a tract of land conveyed to Raymond Lee Grimes by deed recorded in Volume 1411, Page 654 of the Deed Records of Denton County, Texas, THENCE North 00° 40' 16" West along the West boundary line of said Grimes tract a distance of 83 SS feet to a point, said point being the beginning of a curve to the right with a radius of 1,440 0 feet, a central angle of 22° 00' 0011, and a chord bearing of North 10° 19' 44" East, 549 53 feet, THENCE Northeast along said curve an arc distance of SS2 92 feet to a point, THENCE North 210 19' 44" East along the West boundary line of said Grimes tract a distance of 698 69 feet to a point for corner, said point being the northwest corner of said tract, A-38/MILLER OF TEXAS THENCE South 70° 46' 34" East along the North boundary line of said Grimes tract a distance of 250 0 feet to a point for corner, said point lying in the West boundary line of Lake Lewisville, said point also being the Northeast corner of said tract, same being the Northwest corner of a tract of land conveyed to L Fulton by deed recorded in volume 262 page 424 of the Deed Records of Denton County, Texas, and also a U S Army Corps of Engineers Monument P-237-W, THENCE Southeasterly along the East boundary line of said Fulton tract, same being the West boundary line of Lake Lewisville, the following 8 courses and distances, (1) South 24° 35' 32" East, 1,164 14 feet to a U S Army Corps of Engineers Monument P-236-W, (2) North 79° 33' 36" East, 244 92 feet to a U S Army Corps of Engineers Monument P-235-W, (3) South 53° 01' 38" East, 477 87 feet to a U S Army Corps of Engineers Monument P-234-W, (4) south 410 03' 34" East, 385 97 feet to a U S Army Corps of Engineers Monument P-233-W, (5) South 41° 32' 37" East, 302 15 feet to a U S Army Corps of Engineers Monument P-232-W, (6) South 30° 25' 39" West, 359 62 feet to a U S Army Corps of Engineers Monument P-231-W, (7) South 51° 09' 25" West, 681 09 feet to a U S Army Corps of Engineers Monument P-230-W (8) South 23° 32' 36" West, 247 87 feet to a point for corner, said point also being a U S Army Corps of Engineers Monument P-229-W, THENCE South 89° 46' 47" West along the South boundary line of said Fulton tract a distance of 715 38 feet to a point for corner, said point being the Southwest corner of said tract, said point also lying in the East boundary line of a tract of land conveyed to Steven A Higgins by deed recorded in Volume 1510, Page 51 of the Deed Records of Denton County, Texas, THENCE South 01° 06' 30" East along the East boundary line of said Higgins tract a distance of 765 77 feet to a point, said point being the Southeast corner of said tract, same being the Northeast corner of said Hopkins tract, THENCE South 00° 08' 42" East along the East line of the Hopkins tract a distance of 1,788 55 feet to a point for corner, said point being the Southeast corner of said tract, THENCE South 89° 05' 22" West along the South boundary line of said Hopkins tract passing the Northeast corner of the city limits as described in Ordinance 84-97, said point lying in the intersection of Swisher Road to the South and Pockrus Road to the West, and continuing along said city limits and in said Pockrus Road, a distance of 3,550 65 feet to the place of beginning and containing 299 83 acres of land A-38/MILLER OF TEXAS PLAN OF SERVICE FOR ANNEXED AREA, CITY OF DENTON TEXAS WHEREAS, Article 970& as amended requires that a plan of service be adopted by the governing body of a city prior to passage of an ordinance annexing an area, and WHEREAS, the City of Denton is contemplating annexation of an area which is bounded as shown on a map of the proposed annexation NOW, THEREFORE, BE IT RESOLVED BY THE CITY COLNCIL OF THE CITY OF DENTON, TEXAS Section 1 Pursuant to the provisions of Article 970a as amended, Texas Code Annotated, there is hereby adopted for the proposed anrexation area the following plan of service I Basic Service Plan A Police (1) Patrolling, radio responses to calls, and other routine police services, using present personnel and equipment, will be provided on the effective date of annexation, (2) 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 B Fire (1) Fire protection by the present personnel and equip- ment of the fire fighting force, will be provided on the effective date of annexation C Water (1) Water for domestic, commercial and industrial use will be provided at city rates, from existing city lines on the effective date of annexation, and thereafter from new lines as extended in accordance with article 13 06 of appendix 4 of the code of the City of Denton, Texas D Sewer (1) Properties in the annexed areas will be connected to sewer lines it accordance witn article 13 06 of appendix A of the code of the City of Den wn, Texas E Refuse Collection (1) The same regular refuse collection service now pro- vided within the city will be extended to the annexed area within one month after the effective date of annexation Service Plan Annexed Areas Page two F Streets (1) Emergency maintenance of streets (repair of hazardous chuckholes, measures necessary for traffic flow, etc ) will begin on the effective date of annexation same basis (2) Routine maintenance annexedsareaton present city, , the effective date of annexation (3) Reconstruction and resurfacing of streets, installa- tion of storm drainage facilities, construction of curbs and gutters, and other such major improvements, as the wtherefore is establishedning body, , policies of the city G Inspection Services (1) Any inspection services now provided by the city (building, electrical, plumbing, gas, housing, sanitation, etc ) will begin in the annexation area on the effective date of annexation H Planning and Zoning (1) The Planning and Zoning jurisaiction of the city will extend to the annexed area on the effective ter date of annexation city planning encompass the annexed area I Street Lighting (1) Street lighting will be installed in the substan- tially developed areas in accordance with the established policies of the city J Recreation (1) Residents of the annexed area may use alltheleffeg- recreational facilities, parks, tive date of annexation The same standards and 1in expandingithehrecreational city be fol- lowed facilities in the enlarged city K Electric Distribution (1) The city recommends the use of City of Denton for electric power service Plan Annexed Areas page three L. Miscellaneous (1) street name signs where needed will be within approximately6monthsafter the installed date of annexation II. Capital Improvement Program (CIP) The CIP of the City consists of a five year plan that is up- dated yearly The Plan is prioritized by such policy guide- lines as (1) 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 restraints or opportunities (2) Impact on the balanced growth policy of the city (3) Impact on overall city economics The annexed area will be considered for CIP planning in the upcoming CIP plan, which will be no longer than one year from the date of annexation In this new CIP planning year the annexation area will be judged accordingly to the same established criteria as all other areas of the city