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1986-102T ~I 1307L NO 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 103 2 ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING PART OF THE MYERS, JOHNSON, BRUMMET AND GREEN SURVEY, ABSTRACT NO 1699, 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 incorporated by reference herein, was introduced at a regular meeting of the City Council of the City of Denton, Texas, on the petition of Bellaire West Partners, 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 persons 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 pera ns to state their views and present evidence bearing upon the annexation 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 unconstitutional, illegal or invalid, or the application thereof ineffective or inapplicable as to any territory, such unconsti- tutionality, illegality, invalidity or ineffectiveness of such A-34/BELLAIRE WEST PARTNERS/PAGE ONE 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 Ordnance 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 ordnance shall be effective passage Introduced before the City Council immediately upon its on the day of 1986 L ASSED AND APPROVED by the City Council on the day of 1986 ATTEST CHARLO LL SECRETARY CITY OF DENTON, TEXAS RAY E HENS, MA OR CIT F DENTON, TEXAS APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY P VV,--J A-34/BELLAIRE WEST PARTNERS/PAGE TWO EXHIBIT "A" All that certain tract or parcel of land lying and being situated in the Myers, Johnson, Brummet and Green Survey, Abstract 1699, said tract being part of a 176 acre tract No 11 and part of a called 65 5 acre tract No 10 shown by deed to W T Evers, a widower recorded in Volume 399, Page 539, Deed Records of Denton County, Texas and being more particularly described as follows BEGINNING at a point in the present city limits, as established by Ordinance No 83-90, said point lying in an East and West road known as Jim Christal, THENCE North 00011140" West passing at approximately 25 feet, more or less, the North boundary line of said road, same being the Southwest corner of a 102 34 acre tract, said tract being part of the above mentioned Evers tract, and continuing along the West boundary line of said 102 34 acre tract a total distance of 3,031 04 feet, more or less to a point for corner, said point being the Northwest corner of said 102 34 acre tract and lying in the South boundary line of said Barb Survey, THENCE South 89028148" East along said tract North boundary line and said survey line, a distance of 1 486 80 feet to a point for corner, same being the Northeast corner of said 102 34 acre tract and said 176 acre tract, THENCE South 0001114011 East along said tracts East boundary line, passing at 3,064 31 feet the Southeast corner of said tract and a Northwest - Southeast fence line, said point also being the North cight-of-way of Jim Christal Road, and continuing a total distance of approximately 3 090 5 feet more or less, to a point for a corner in the present city limits as established in Ordinance No 83-90, and in said road, THENCE North 73000' West along said present city limits and in said road to a point for corner, THENCE North 82010' West along said present city limits and in said road a distance of 337 63 feet to a point for corner, THENCE South 88040' West along said present city limits and in said road to the place of beginning and containing 103 2 acres of land 1167s A-34/BLLLAIRE WEST PARTNERS PLAN OF SERVICE FOR ANNEXED AREA, CITY OF DENTON, TEXAS WHEREAS, Article 970a 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 COUNCIL 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 annexation 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 4 09 of appendix A of the code of the City of Denton, Texas D Sewer (1) Properties in the annexed areas will be connected to sewer lines in accordance with article 4 09 of appendix A of the code of the City of Denton, 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 (2) Routine maintenance on the same basis as in the present city, will begin in the annexed area on 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 mayor improvements, as the need therefore is determined by the governing body, will be accomplished under the established 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 jurisdiction of the city will extend to the annexed area on the effective date of annexation City planning will thereafter 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 all existing recreational facilities, parks, etc , on the effec- tive date of annexation The same standards and policies now used in the present city will be fol- lowed in expanding the recreational program and 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 installed within approximately 6 months after the effective 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 fudged accordingly to the same established criteria as all other areas of the city