2010-118sAour documents\ordinances\10\paa2 annexing parcel.doc
ORDINANCE NO. 2010-118
AN ORDINANCE ANNEXING AN AREA OF LAND TO THE CITY OF DENTON, TEXAS,
GENERALLY IDENTIFIED AS PAA2 SOUTH OF APPROXIMATELY 1,472 ACRES (LESS
THOSE PARCELS IDENTIFIED IN EXHIBIT "C") LOCATED ON THE SOUTH SIDE OF
FM 1173, NORTH OF W. UNIVERSITY DRIVE, WEST OF 1-35, AND MORE
SPECIFICALLY IDENTIFIED IN EXHIBIT "A" ATTACHED HERETO, WHICH AREA IS
ADJACENT TO AND ABUTS THE EXISTING CITY LIMITS OF THE CITY OF DENTON,
TEXAS, AND WHICH CONTAINS FEWER THAN 100 SEPARATE TRACTS OF LAND ON
WHICH ONE OR MORE RESIDENTIAL DWELLINGS ARE LOCATED ON EACH TRACT;
PROVIDING FOR INCLUSION OF A SERVICE PLAN IN THIS ORDINANCE;
EXCLUDING PROPERTIES WITHIN PAA2 SOUTH SUBJECT TO NON-ANNEXATION
AGREEMENTS FOR AGRICULTURAL, WILDLIFE MANAGEMENT OR TIMBERLAND
USE FROM THE ANNEXATION; PROVIDING FOR CORRECTION OF THE CITY MAP
TO INCLUDE THIS ANNEXED AREA; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, pursuant to Section 43.061, Subchapter C-1, Local Government Code, a
home rule city is authorized to annex certain areas that are not required to be in an annexation
plan; and
WHEREAS, this annexation is under the annexation procedures for areas exempted from
an annexation plan pursuant to Tex. Loc. Gov't Code section 43.052(h); and
WHEREAS, the Denton City Council finds that there are fewer than 100 separate tracts
of land on which one or more residential dwellings are located on the PAA2 South tract in the
area to be annexed; and
WHEREAS, the Denton City Council finds that the annexation will allow the city to
ensure development consistent with The Denton Plan as it is now written, or as it may be
modified by the City from time to time; and
WHEREAS, all required notices, including written notice of intent to annex said area to
each property owner, each public entity and each railroad company within said area as required
by Section 43.062, Subchapter C-1, Local Government Code, and all public hearings and
requirements for such annexation have been had in accordance with applicable law; and
WHEREAS, the City has prepared a service plan for the area to be annexed in accordance
with Tex. Loc. Gov't Code section 43.056 providing for full municipal services to such area,
which service plan was made available to the public and explained at the scheduled public
hearings; and
WHEREAS, offers of non-annexation development agreements have been made to the
owners of all eligible properties within the area to be annexed pursuant to this Ordinance, which
properties have been appraised for ad valorem tax purposes as land for agricultural, wildlife
management or timberland as required by Section 43.035, Subchapter B, Local Government
Code; and
sAour documents\ordinances\10\paa2 annexing parcel.doc
WHEREAS, the City Council, by prior action, has approved certain non-annexation
agreements executed by eligible property owners within PAA2 South; and
WHEREAS, the City desires to affirm that structures, uses and facilities pre-existing in
areas annexed under this Ordinance, or in areas subject to non-annexation agreements within
PAA2 South approved by prior action, shall be subject to the protections and limitations imposed
by §43.002 of the Texas Local Government Code, as well as those protections afforded by
Subchapter 11 of the Denton Development Code, to the extent it is applicable; and
WHEREAS, under the previously approved non-annexation agreements between an
eligible property owner and the City, the lands subject to the agreements retain their
extraterritorial status and the owners of such lands must abide by the City's development
regulations as if such lands were within the City limits, as provided further in such agreement;
and
WHEREAS, the land which is adjacent or contiguous to an area subject to a non-
annexation agreement is considered adjacent or contiguous to the City for purposes of
annexation; and
WHEREAS, the City Council of the City of Denton deems it to be in the best interests of
the citizens of the City of Denton to annex said territory"into the City of Denton, save and except
those properties subject to prior approved non-annexation agreements within PAA2 South;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this Ordinance
are incorporated herein by reference.
SECTION 2. The area of land which abuts and is adjacent to the existing corporate limits
of the City of Denton, Texas, known as PAA2 South, as described in Exhibit "A", attached
hereto and incorporated herein, and as depicted in Exhibit "B," attached hereto and incorporated
herein (except that if there is conflict between the Exhibits, "A" shall control), save and except
for those properties described in Exhibit "C", which are subject to certain non-annexation
agreements, executed by property owners within PAA2 South and previously approved by the
City, due to their use for agricultural, wildlife management or timberland purposes as described
in Section 43.035, Subchapter B, Local Government Code, is hereby ANNEXED to and included
within the corporate limits of the City of Denton, Texas.
SECTION 3. A service plan prepared in accordance with applicable provisions of state
law pertaining to annexation is attached hereto as Exhibit "D" and made a part hereof for all
intents and purposes.
SECTION 4. The City Manager is hereby authorized and directed to immediately correct
the map of the City of Denton by adding thereto the additional territory annexed by this
Ordinance, indicating on the map the date of annexation and the number of this Ordinance, and
the ETJ resulting from such boundary extensions.
Page 2
sAour documents\ordinances\10\paa2 annexing parcel.doc
SECTION 5. This Ordinance shall be become effective upon final passage by the City
Council.
SECTION 6. Should any paragraph, section, sentence, phrase, clause or word of this
Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance
shall not be affected thereby.
SECTION 7. Nothing herein should be deemed to repudiate any earlier action by the
City relating to approval of any non-annexation agreement associated with properties contained
within PAA2 South.'
AND IT IS SO ORDERED.-
Passed by the City Council on 1st reading this - day of 4/~ , 2010.
Passed by the City Council on 2nd reading this day of , 2010.
f
MARK"A: B\LJRAOUG ,MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
B .
APPRO D AS LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: C
Page 3
EXHIBIT A
Annexation Tract PAA2 (Page 1 of 5)
BEGINNING at point on the present Denton city limit line, being the northwest corner of
a tract described in annexation Ordinance 2007-268, and further described in said
ordinance as a right-of-way marker post for a corner in the south line of Farm-to-Market
1] 73 and in the east line of the Gulf, Colorado and Santa Fe Railroad Company right-of-
way;
THENCE South 22° 46' 21" East, along the present Denton city limit line as established
and described in Ordinance 2007-268 and along the east line of the Gulf, Colorado and
Santa Fe Railroad Company right-of--way a distance of 1,860.04 feet to a point for a
corner, said point being the southwest corner of the tract described in said Ordinance
2007-268;
THENCE South 88° 58' 01" East along the present Denton city limit line as established,
described and depicted in Ordinance 2007-268 (Exhibit A and Exhibit A-3 therein) a total
distance of 3,411 feet to a point for a corner, said point being the southeast corner of the
tract depicted in Ordinance 2007-268 (Exhibit A-3) and said point also lying on the a
westerly line of a City of Denton annexation tract established and described in Ordinance
1969-40 (Tract VI);
THENCE South 02° 57' East, parallel to and 500 feet west of the center line of Interstate
Highway 35, same being the present Denton city limit line established and described in
Ordinance 1969-40 (Tract VI), a distance of 1,103 feet to a-point for corner, said point
lying on the most northerly north line of a City of Denton annexation tract described in
Ordinance 1965-43 (Tract V);
THENCE West along the present Denton city limit line as established and described in
Ordinance 1965-43 (Tract V) a distance of 244 feet to a point for a corner, said point
being the most northerly northwest of said City of Denton annexation tract established
and described in Ordinance 1965-43 (Tract V);
THENCE South along the present Denton city limit line as established and described in
Ordinance 1965-43 (Tract V), being 600 feet from and parallel with the West right-of-
way line of Interstate Highway 35, a distance of 1,860 feet to a point for a corner, said
point being the northeast corner of a City of Denton annexation tract established and
described in Ordinance 1985-31;
THENCE North 89° 51' 30" West along the present Denton city limit line as established
and described in Ordinance 1985-31 a distance of 1,961.87 feet to a point for a corner;
THENCE South 00° 54' 39" East continuing along the present Denton city limit line as
established and described in Ordinance 1985-31 a distance of 1,165.47 feet to a point for
a corner;
Annexation Tract PAA2 (Page 2 of 5)
THENCE Southeasterly continuing along the present Denton city limit line as established
and described in Ordinance 1985-31 and along a curve to the left on the east right-of-way
line of the A T & S R Railroad an arc distance of 1,324.91 feet as described in Ordinance
85-31 to a point for corner;
THENCE Southeasterly continuing along the present Denton city limit line as established
and described in Ordinance 1985-31 and along a curve to the left on the east right-of-way
line of the A T & S R Railroad an arc distance of 254.27 feet as described in Ordinance
85-31 to a point for corner;
THENCE South 33° 02' East continuing along the present Denton city limit line as
established and described in Ordinance 1985-31 and along the east right-of-way line of
the A T & S R Railroad distance of 94.68 feet, as described in Ordinance 85-31, to a
point for corner, said point lying on the most westerly north line of a City of Denton
annexation tract described in Ordinance 1965-43 (Tract V);
THENCE West continuing along the present Denton city limit line as established and
described in Ordinance 1965-43 (Tract V) a distance of 119.22 feet to a point for corner,
said point being on the west right-of-way line of the A T & S R Railroad and being the
most westerly northwest corner of said annexation tract described in Ordinance 1965-43
(Tract V);
THENCE Southeasterly continuing along the present Denton city limit line as established
and described in Ordinance 1965-43 (Tract V) and along the west right-of-way line of the
A T & S R Railroad a distance of 490 feet to a point for corner, said point being the
northeast corner of a City of Denton annexation tract established and described by
Ordinance 1970-34;
THENCE South 89° 09' West continuing along the present Denton city limit line as
established and described in annexation Ordinance 1970-34 a distance of 2,612.8 feet to a
point for corner, said point being the northwest corner of said tract described in
annexation Ordinance 1970-34;
THENCE South 00° 42' 30" East continuing along the present Denton city limit line as
established and described in annexation Ordinance 1970-34 a distance of 2,680 feet to a
point for corner, said point being the most westerly northeast corner of a City of Denton
annexation tract established and described by Ordinance 1969-40 (Tract VII);
THENCE North 88° 50' West continuing along the present Denton city limit line as
established and described in annexation Ordinance 1969-40 (Tract VII) a distance of
1,478 feet to a point for corner, said point being the most southerly southeast corner of a
City of Denton annexation tract established and described by Ordinance 2006-364 and
also lying on the east line of Masch Branch Road;
Annexation Tract PAA2 (Page 3 of 5)
THENCE North continuing along the present Denton city limit line as established and
described in annexation Ordinance 2006-364 and along the east line of Masch Branch
Road a distance of 2,603 feet to a point for corner, said point being the northeast corner
of said Ordinance 2006-364 annexation tract;
THENCE North 89° 48' 00" West continuing along the present Denton city limit line as
established and described in annexation Ordinance 2006-364 a distance of 50 feet to the
west right-of-way line of Masch Branch Road to a point for corner, said point also being
the southeast corner of a City of Denton annexation tract established and described by
Ordinance 2007-76;
THENCE North continuing along the present Denton city limit line as established and
described in annexation Ordinance 2007-76 and along the west right-of-way line of
Masch Branch Road a distance of 835.54 feet to a point for corner;
THENCE North 44° 57' 37" West continuing along the present Denton city limit line as
established and described in annexation Ordinance 2007-76 and along a right-of-way
flare of Masch Branch Road a distance of 70.76 feet to a point for corner;
THENCE North 89° 55' 14" West continuing along the present Denton city limit line as
established and described in annexation Ordinance 2007-76 and along the south right-of-
way line of Masch Branch Road a distance of 854.47 feet to a point for corner;
THENCE South continuing along the present Denton city limit line as established and
described in annexation Ordinance 2007-76 a distance of 883.64 feet to a point for
corner, said point being the northwest corner of a City of Denton annexation tract
established and described by Ordinance 2006-364;
THENCE South continuing along the present Denton city limit line as established and
described in annexation Ordinance 2006-364 a distance of 1,371.66 feet to a point for
corner, said point being the southwest corner of a City of Denton annexation tract
established and described by Ordinance 2006-364 and also lying on the north line of a
City of Denton annexation tract established and described by Ordinance 1986-23;
THENCE South 89° 02' 33" West continuing along the present Denton city limit line as
established and described in annexation Ordinance 1986-23 a distance of 1,168 feet to a
point for corner, said point being the northwest corner of said Ordinance 1986-23
annexation tract;
THENCE South 00° 49' 16" East continuing along the present Denton city limit line as
established and described in annexation Ordinance 1986-23 a distance of 969.60 feet to a
point for corner, said point being the southwest corner of said Ordinance 1986-23
annexation tract and lying on the a northerly line of a City of Denton annexation tract
established and described by Ordinance 74-36 (Tract V);
Annexation Tract PAA2 (Page 4 of 5)
THENCE North 88° 50' West continuing along the present Denton city limit line as
established and described in annexation Ordinance 74-36 (Tract V) a distance of 1,905
feet to a point for corner, said point being on the west line of a 60.474 acre tract of land
described in deed recorded under Instrument Number 2008-132154, Real Property
Records, Denton County, Texas;
THENCE North 2° 14' 50" East, along the west line of said 60.474 acre tract a distance
of 923 feet to the northwest corner of the said 60.474 acre tract to a point for corner;
THENCE South 87° 54' 20" East, along the north line of said 60.474 acre tract a distance
of 507 feet to a point for corner, said point being the southwest corner of a 40.24 acre
tract of land described in deed recorded under Instrument Number 2003-207507, Real
Property Records, Denton County, Texas ;
THENCE North 00° 20' 00" West along the west line of said 40.24 acre tract a distance
of 2,280.05 feet to a point at the northwest corner of said tract and in the center of Masch
Branch Road;
THENCE North a distance of 25 feet to a point for corner, said point being the
intersection of the implied east right-of-way line of a north/south section of Masch
Branch Road and the implied north right-of-way line of an east/section of Masch Branch
Road;
THENCE northerly along the courses and distances of the implied east right-of-way line
of Masch Branch Road a total distance of 5,545 feet to a point for corner, said point being
on the southwest corner of a 4.998 acre tract described in City of Denton Ordinance
2001-318 (Krum/Denton Mutual Boundary Agreement (Exhibit A (Tract 4)));
THENCE South 89° 53' 33" East, along the present Krum/Denton Future Mutual
Boundary Line referenced in City of Denton Ordinance 2001-318, a distance of 418.50
feet to a point for a corner;
THENCE North 00° 16' 13" West, along the present Krum/Denton Future Mutual
Boundary Line referenced in City of Denton Ordinance 2001-318, a distance of 520.80
feet to a point for corner, said point being the northeast corner of the property described
in Ordinance 2001-318 (Exhibit A (Tract 4)) and the southeast corner of the property
described in Ordinance 2001-318 (Exhibit A (Tract 3));
THENCE North 00° 09' 01" West, along the present Krum/Denton Future Mutual
Boundary Line referenced in City of Denton Ordinance 2001-318, a distance of 745.53
feet to a point for a corner, said point being the northeast corner of the property described
in Ordinance 2001-318 (Exhibit A (Tract 3)) and located on the south right-of-way line of
F.M. 1173;
Annexation Tract PAA2 (Page 5 of 5)
THENCE easterly along course and distances of the south right-of-way line of F.M.
1173, a total distance of 4,385 feet to the POINT OF BEGINNING and containing 1,480
acres of land.
EXHIBIT 6
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Irmill NICHOLS
City of Denton, Texas
PAA2 - 1,479 Acres N
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Feet
0 500 1,000 2,000 3,000
EXHIBIT C
SAOur DocumemsMscellaneousNIOkAnnexationskrhibit c - paa2.doc
PAA2 SOUTH - Exhibit "C"
1. Being 46.00 acres of land, more or less, situated in the William Bryan Survey, Abstract
No. 148, Denton County, Texas, and more fully described in that certain Special
Warranty Deed dated January 4, 1994 from Phillip Hale Cole and wife, Margaret Cole;
Jack Donald Cole and wife, Nancy Jane Cole; and Cynthia Lou Cole to Phillip Hale Cole,
Jack Donald Cole and Cynthia Cole, filed for record on January 10, 1994 and recorded in
Instrument Number 94-R0002455 of the Real Property Records of Denton County,
Texas. Said 46.00 acres of land, more or less, is commonly known as DCAD Property ID
No. 36649.
2. Being Tract 21, Little Brook Estates, an Addition to Denton County, Texas, according to
the map or plat thereof recorded in Volume 489, Page 273 of the Real Property Records
of Denton County, Texas, containing 14.947 acres of land, more or less, situated in the
James Haney Survey, Abstract No. 515, Denton County, Texas, more fully described in
that certain Warranty Deed with Vendor's Lien dated August 6, 1997 from Jimmy T.
Simpson and Waunzita Simpson to Larry A. Green and Shirley N. Green, filed for record
on August 13, 1997 and recorded in Instrument Number 97-R0055506 of the Real
Property Records of Denton County, Texas. Said Tract 21, Little Brook Estates, is
commonly known as DCAD Property ID 61103.
3. Being 95.584 acres of land, more or less, situated in the S. Huizar Survey, Abstract No.
514, Denton County, Texas, and being more fully described in that certain General
Warranty Deed with Vendor's Lien dated December 12, 2003 from Tony A. Riley to
John Karvouniaris, filed for record on December 30, 2003 and recorded in Instrument
Number 2003-207512 of the Real Property Records of Denton County, Texas. Said
95.584 acres of land, more or less, is commonly known as DCAD Property ID No. 60817.
4. Being 40.24 acres of land, more or less, situated in the S. D. Huizar Survey, Abstract No.
514, Denton County, Texas, and being more fully described in that certain General
Warranty Deed with Vendor's Lien dated December 12, 2003 from David M. Riley and
wife, S. Lynn Riley to John Karvouniaris, filed for record on December 30, 2003 and
recorded in Instrument Number 2003-207507 of the Real Property Records of Denton
County, Texas. Said 40.24 acres of land, more or less, is commonly known as DCAD
Property ID 60816 and DCAD Property ID 177285, respectively.
5. Being Tract 32, Little Brook Estates, Unit No. 2, an Addition to Denton County, Texas,
according to the map or plat thereof recorded in Volume 3, Page 5 of the Plat Records of
Denton County, Texas, and containing 15.00 acres of land, more or less, situated in the J.
Haney Survey, Abstract.No. 515, Denton County, Texas, and being more fully described
in that certain Deed dated June 12, 1995 from the Veterans Land Board of the State of
Texas to Joseph N. Liberto, filed for record on July 19, 1995 and recorded in Instrument
Number 95-R0042515 of the Real Property Records of Denton County, Texas.
SAVE & EXCEPT: Part of Tract 32, Little Brook Estates, Unit No. 2, an Addition
to Denton County, Texas, according to the map or plat thereof recorded in
Volume 3, Page 5 of the Plat Records of Denton County, Texas, and containing
Page 1
SAOur DocumentsMscellaneous\IOWnnexationslerbibit c - paa2.doc
1.000 acre of land, more or less, situated in the J. Haney Survey, Abstract No.
515, Denton County, Texas, and being more fully described in that certain
Correction Warranty Deed dated July 9, 1993 from Joseph N. Liberto and wife,
Edna Nell Liberto to Timothy P. Liberto, filed for record on July 9, 1993 and
recorded in Instrument Number 93-R0045427 of the Real Property Records of
Denton County, Texas. Said part of Tract 32, Little Brook Estates, Unit No. 2, is
commonly known as DCAD Property ID 169712.
SAVE & EXCEPT: Part of Tract 32, Little Brook Estates, Unit No. 2, an Addition
to Denton County, Texas, according to the map or plat thereof recorded in
Volume 3, Page 5 of the Plat Records of Denton County, Texas, and containing
3.00 acres of land, more or less, situated in the J. Haney Survey, Abstract No.
515, Denton County, Texas, and being more fully described in that certain
Warranty Deed dated November 27, 2000 from Joseph N. Liberto to 1173
Storage, Ltd. Co., filed for record on December 5, 2000 and recorded in Volume
4729, Page 2417 of the Real Property Records of Denton County, Texas. Said
part of Tract 32, Little Brook Estates, Unit No. 2, is commonly known as DCAD
Property ID 228152.
SAVE & EXCEPT: Part of Tract 32, Little Brook Estates, Unit No. 2, an Addition
to Denton County, Texas, according to the map or plat thereof recorded in
Volume 3, Page 5 of the Plat Records of Denton County, Texas; and containing
1.444 acres of land, more or less, situated in the J. Haney Survey, Abstract No.
515, Denton County, Texas, and being more fully described in that certain
Warranty Deed dated August 22, 2006 from Joseph N. Liberto to 1173 Storage,
Ltd. Co., filed for record on September 18, 2006 and recorded in Instrument
Number 2006-115343 of the Real Property Records of Denton County, Texas.
Said part of Tract 32, Little Brook Estates, Unit No. 2, is commonly known as
DCAD Property ID 303128.
SAVE & EXCEPT: 0.136 acres of land, more or less, out of said Tract 32, Little
Brook Estates, Unit No. 2, an Addition to Denton County, Texas, according to the
map or plat thereof recorded in Volume 3, Page 5 of the Plat Records of Denton
County, Texas, being more fully described in that certain Warranty Deed dated
August 22, 2006 from Joseph N. Liberto to Timothy P. Liberto, filed for record on
September 18, 2006 recorded in Instrument Number 2006-115344 of the Real
Property Records of Denton County, Texas.
SAVE & EXCEPT: Part of Tract 32, Little Brook Estates, Unit No. 2, an Addition
to Denton County, Texas, according to the map or plat thereof recorded in
Volume 3, Page 5 of the Plat Records of Denton County, Texas, and containing
0.529 acres of land, more or less, situated in the J. Haney Survey, Abstract No.
515, Denton County, Texas, and being more fully described in that certain
General Warranty Deed dated January 7, 2010 from Joseph N. Liberto to Traci L.
Liberto and Timothy P. Liberto, filed for record on January 8, 2010 and recorded
in Instrument Number 2010-2166 of the Real Property Records of Denton
County, Texas. Said part of Tract 32, Little Brook Estates, Unit No. 2, is
commonly known as DCAD Property ID 334643.
Page 2
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The remaining portion of Tract 32, Little Brook Estates, Unit No. 2, is commonly known
as DCAD Property ID 61096.
6. Being 6.735 acres of land, more or less, situated in the R. Whitlock Survey, Abstract No.
1403, Denton County, Texas, and being more fully described in that certain General
Warranty Deed dated July 8, 2005 from Austin Granville Baker III and wife, Sherrie L.
Baker to Ann Wylie Martin, Trustee of the Ann Wylie Martin Living Trust, filed for
record on July 18, 2005 and recorded in Instrument Number 2005-86688 of the Real
Property Records of Denton County, Texas. Said 6.735 acres of land, more or less, is
commonly known as DCAD Property ID 39161.
7. Being the East 12.00 acres, more or less, of Tract 10, Little Brook Estates, an Addition to
Denton County, Texas, according to the map or plat thereof recorded in Volume 489,
Page 273 of the Real Property Records of Denton County, Texas, situated in the James
Haney Survey, Abstract No. 515, Denton County, Texas, and being more fully described
in Tract III of that certain Special Warranty Deed with Encumbrance for Owelty of
Partition dated May 19, 2008 from Sandra Sue Naus to Steven C. Naus, filed for record
on June 10, 2008 and recorded in Instrument Number 2008-63618 of the Real Property
Records of Denton County, Texas. Said East 12.00 acres, more or less, of Tract 10, Little
Brook Estates, is commonly known as DCAD Property ID 61161.
8. Being the East part of Tract 30, Little Brook Estates, Unit No. 2, an Addition to Denton
County, Texas, according to the map or plat thereof recorded in Volume 3, Page 5 of the
Plat Records of Denton County, Texas, and containing 7.47 acres of land, more or less,
situated in the J. Haney Survey, Abstract No. 515, Denton County, Texas, and being
more fully described in that certain Warranty Deed with Vendor's Lien dated April 14,
2009 from Jess Elrod and Sheryl Elrod to Wolfgang Skledar and Astrid Skledar, filed for
record on April 17, 2009 and recorded in Instrument Number 2009-45939 of the Real
Property Records of Denton County, Texas. Said East part of Tract 30, Little Brook
Estates, Unit No.2, is commonly known as DCAD Property ID 61196.
9. Being 15.000 acres of land, more or less, and being part of Tract 24 and all of Tract 25,
Little Brook Estates, an Addition to Denton County, Texas, according to the map or plat
thereof recorded in Volume 489, Page 273 of the Real Property Records of Denton
County, Texas, situated in the James Haney Survey, Abstract No. 515, Denton County,
Texas, and being more fully described in that certain Warranty Deed with Vendor's Lien
dated August 6, 2002 from Duane L. Coker, Dependent Administrator of the Estate of
Carol Ann Helgerson, Deceased to Shawn S. Parr, filed for record on August 13, 2002
and recorded in Volume 5148, Page 3068 of the Real Property Records of Denton
County, Texas. Said 15.000 acres of land, more or less, and being part of Tract 24 and all
of Tract 25, Little Brook Estates, is commonly known as DCAD Property ID 244904 and
DCAD Property ID 61113, respectively.
10. Being the West part of Tract 30, Little Brook Estates, Unit No. 2, an Addition to Denton
County, Texas, according to the map or plat thereof recorded in Volume 3, Page 5 of the
Plat Records of Denton County, Texas, and containing 7.5236 acres of land, more or less,
situated in the James Haney Survey, Abstract No. 515, Denton County, Texas, and being
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more fully described in that certain Warranty Deed with Vendor's Lien dated January 23,
1986 from Benjamin Loyd Smith and wife, Siddle Smith to Loyd Ronald Smith and wife,
Linda Dianne Smith, filed for record on February 10, 1986 and recorded in Volume 1818,
Page 858 of the Real Property Records of Denton County, Texas. Said West part of Tract
30, Little Brook Estates, Unit No.2, is commonly known as DCAD Property ID 61200.
11. Being Tract 17, Little Brook Estates, an Addition to Denton County, Texas, according to
the map or plat thereof recorded in Volume 489, Page 273 of the Real Property Records
of Denton County, Texas, and being more fully described in that certain Warranty Deed
with Vendor's Lien dated November 19, 1979 from F.T.B. Building Corporation to
Douglas K. Taylor and wife, Patsy R. Taylor, filed for record on December 19, 1979 and
recorded in Volume 992, Page 728 of the Real Property Records of Denton County,
Texas.
SAVE & EXCEPT:
A 1.0 acre tract of land, more or less, described in Volume 1099, Page 113 of the
Real Property Records of Denton County, Texas. Said 1.0 acre, more or less, is
commonly known as DCAD Property ID 78105.
A 1.0 acre tract of land, more or less, described in Volume 1119, Page 492 of the
Real Property Records of Denton County, Texas. Said 1.0 acre, more or less, is
commonly known as DCAD Property ID 78103.
Those two 1.0 acre tracts of land, more or less, described in Volume 1124, Page
298 of the Real Property Records of Denton County, Texas. Said 2.0 acres, more
or less, is commonly known as DCAD Property ID 78102.
A 1.0 acre tract of land, more or less, described in Volume 1128, Page 994 of the
Real Property Records of Denton County, Texas. Said 1.0 acre, more or less, is
commonly known as DCAD Property ID 78104.
A 1.0 acre tract of land, more or less, described in Volume 1128, Page 998 of the
Real Property Records of Denton County, Texas. Said 1.0 acre, more or less, is
commonly known as DCAD Property ID 78101.
A 5.0 acre tract of land, more or less, described in Volume 1171; Page 409 of the
Real Property Records of Denton County, Texas. Said 1.0 acre, more or less, is
commonly known as DCAD Property ID 78099.
A 1.0 acre tract of land, more- or less, described in Volume 4897, Page 4300 of the
Real Property Records of Denton County, Texas. Said 1.0 acre, more or less; is.
commonly known as DCAD Property ID 241409.
12. Being Tract 29, Little Brook Estates, Unit No.2, an Addition to Denton County, Texas,
according to the map or plat thereof recorded in Volume 3, Page 5 of the Plat Records of
Denton County, Texas, and being all of that lot, tract or parcel of land described in that
certain Warranty Deed with Vendor's Lien dated August 6, 1992 from Billy Jack Maupin
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and wife, Carolyn Maupin to William E. Watson Jr. and wife, Rose E. Watson, filed for
record on August 10, 1992 and recorded in Volume 3295, Page 510 of the Real Property
Records of Denton County, Texas. Said Tract 29, Little Brook Estates, Unit No.2, is
commonly known as DCAD Property ID 61090.
13. Being a called 2.5885 acre tract of land, situated in the B.B.B. & C.R.R. Compa ny
Survey, Abstract No. 141, Denton County, Texas. Said 2.5885 acre tract of land being
that portion lying within the borders of the B.B.B. & C.R.R. Company Survey, Abstract
No. 141 and outside the city limits, of a called 13.071 acre tract of land described in
Warranty Deed dated February 23, 1993 from Robert W. Harris to Richard A. Harris, Jr.,
filed for record on July 2, 1993 and recorded in Instrument Number 93-R0043111 of the
Real Property Records of Denton County, Texas. Said 2.5885 acre tract of land, more or
less, is commonly known as DCAD Property ID 168119.
14. Being a called 1.2763 acre tract of land, situated in the B.B.B. & C.R.R. Company
Survey, Abstract No. 141, Denton County, Texas. Said 1.2763 acre tract of land being
that portion lying within the borders of the B.B.B. & C.R.R. Company Survey, Abstract
No. 141 and outside the city limits, of a called 7.937 acre tract of land described in that
Warranty Deed dated February 23, 1993 from Richard A. Harris, Jr. to Robert W. Harris,
filed for record on July 2, 1993 and recorded in Instrument Number 93-R0043112 of the
Real Property Records of Denton County, Texas. Said 1.2763 acre tract of land, more or
less, is commonly known as DCAD Property ID 168120.
15. Being 42.0965 acres of land, more or less, situated in the R. Whitlock Survey, Abstract
No. 1403, Denton County, Texas, and being that portion lying within the borders of the
R. Whitlock Survey, Abstract No. 1403, of a 96.5969 acre tract of land, more or less,
described in Tract Two of that certain Warranty Deed dated February 23, 1993 from
Richard A. Harris, Jr. and Robert W. Harris, Co-Independent Executors of the Estate of
Richard A. Harris, Deceased to Richard A. Harris, Jr., Individually and Robert W. Harris,
Individually, filed for record on July 2, 1993 and recorded in Instrument Number 93-
R0043110 of the Real Property Records of Denton County, Texas. Said 42.0965 acres of
land, more or less, being that portion lying East of the railroad of DCAD Property ID
39150.
16. Being 33.4035 acres of land, more or less, situated in the R. Whitlock Survey, Abstract
No. 1403, Denton County, Texas, and being more fully described in Tract One of that
certain Warranty Deed dated February 23, 1993 from Richard A. Harris, Jr. and Robert
W. Harris, Co-Independent Executors of the Estate of Richard A. Harris, Deceased to
Richard A. Harris, Jr., Individually and Robert W. Harris, Individually, filed for record
on July 2, 1993 and recorded in Instrument Number 93-R0043110 of the Real Property
Records of Denton County, Texas. Said 33.4035 acres of land, more or less, being that
portion lying West of the railroad of DCAD Property ID 39150.
17. Being 37.3243 acres of land, more or less, situated in the R. Whitlock Survey, Abstract
No. 1403, Denton County, Texas, and being that portion lying within the borders of the
R. Whitlock Survey, Abstract No. 1403, of a called 129.507 acre tract described in the
First Tract of that certain Warranty Deed dated January 21, 1980 from Richard A. Harris
to Cornelia C. Harris, filed for record on February 5, 1980 and recorded in Volume 999,
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Page 464 of the Real Property Records of Denton County, Texas. Said 37.3243 acres of
land, more or less, being that portion lying East of the railroad of DCAD Property ID
39147.
18. Being a 21.8257 acre tract of land, more or less, situated in the R. Whitlock Survey,
Abstract No. 1403, Denton County, Texas, more fully described in the Second Tract of
that certain Warranty Deed dated January 21, 1980 from Richard A. Harris to Cornelia C.
Harris, filed for record on February 5, 1980 and recorded in Volume 999, Page 464 of the
Real Property Records of Denton County, Texas. Said 21.8257 acre tract of land, more
or less, being that portion lying West of the railroad of DCAD Property ID 39147.
19. Being a called 31.2352 acre tract of land, more or less, situated in the B.B.B. & C.R.R.
Company Survey, Abstract No. 141, Denton County, Texas. Said 31.2352 acre tract
being that portion lying within the borders of the B.B.B. & C.R.R. Company Survey,
Abstract No. 141 and outside of the city limits, of a called 96.5969 acre tract of land
described in Tract Two of that certain Warranty Deed dated February 23, 1993 from
Richard A. Harris, Jr. and Robert W. Harris, Co-Independent Executors of the Estate of
Richard A. Harris, Deceased to Richard A. Harris, Jr., Individually and Robert W. Harris,
Individually, filed for record on July 2, 1993 and recorded in Instrument Number 93-
R0043110 of the Real Property Records of Denton County, Texas. Said 31.2352 acre
tract of land, more or less, is commonly known as DCAD Property ID 36979.
SAVE & EXCEPT: A portion of a called 13.071 acre tract of land, situated in the
B.B.B. & C.R.R. Company Survey, Abstract No. 141 and the N. Wade Survey,
Abstract No. 1407, Denton County, Texas, and being more fully described in that
certain Warranty Deed dated February 23, 1993 from Robert W. Harris to Richard
A. Harris, Jr., filed for record on July 2, 1993 and recorded in Instrument Number
93-R0043111 of the Real Property Records of Denton County, Texas.
SAVE & EXCEPT: A portion of a called 7.937 acre tract of land, situated in the
B.B.B. & C.R.R. Company Survey, Abstract No. 141 and the N. Wade Survey,
Abstract No. 1407, Denton County, Texas, and being more fully described in that
certain Warranty Deed dated February 23, 1993 from Richard A. Harris, Jr. to
Robert W. Harris, filed for record on July 2, 1993 and recorded in Instrument
Number 93-R0043112 of the Real Property Records of Denton County, Texas.
20. Being a called 17.79 acre tract of land, more or less, situated in the B.B.B. & C.R.R.
Company Survey, Abstract No. 141, Denton County, Texas. Said 17.79 acre tract being
that portion lying within the borders of the B.B.B. & C.R.R. Company Survey, Abstract
No. 141 and outside the city limits, of a called 42 acre tract of land described in that
Special Warranty Deed dated November 24, 1997 from Richard A. Harris, Jr. and Robert
Woodson Harris to Cornelia C. Harris, filed for record on December 5, 1997 and
recorded in Instrument Number 97-R0085337 of the Real Property Records of Denton
County, Texas. Said 17.79 acre tract of land, more or less, is commonly known as DCAD
Property ID 131807.
21. Being a called 32.094 acre tract of land, more or less, situated in the B.B.B. & C.R.R.
Company Survey, Abstract No. 141, Denton County, Texas. Said 32.094 acre tract being.
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that portion lying within the borders of the B.B.B. & C.R.R. Company Survey, Abstract
No. 141 and outside the city limits, of a called 129.507 acre tract described in Tract One
of that certain Special Warranty Deed dated November 24, 1997 from Cornelia C. Harris
to Robert Woodson Harris, filed for record on December 5, 1997 and recorded in
Instrument Number 97-R0085336 of the Real Property Records of Denton County,
Texas. Said 32.094 acre tract of land, more or less, is commonly known as DCAD
Property ID 38082.
SAVE. & EXCEPT: That portion of a called 42 acre tract of land that lies within
the borders of the B.B.B. & C.R.R. Survey, Abstract No. 141, described in that
Special Warranty Deed dated November 24, 1997 from Richard A. Harris, Jr. and
Robert Woodson Harris to Cornelia C. Harris, filed for record on December 5,
1997 and recorded in Instrument Number 97-R0085337 of the Real Property
Records of Denton County, Texas.
22. Being a called 23.42 acre tract of land, more or less, situated in the R. Whitlock Survey,
Abstract No. 1403, Denton County, Texas, and being that portion lying within the
borders of the R. Whitlock Survey, Abstract No. 1403, of a called 42 acre tract of land
described in that Special Warranty Deed dated November 24, 1997 from Richard A.
Harris, Jr. and Robert Woodson Harris to Cornelia C. Harris, filed for record on
December 5, 1997 and recorded in Instrument Number 97-R0085337 of the Real
Property Records of Denton County, Texas. Said 23.42 acre tract of land, more or less, is
commonly known as DCAD Property ID 131799.
23. Being Tract 8, Little Brook Estates, an Addition to Denton County, Texas, according to
the map or plat thereof recorded in Volume 489, Page 273 of the Real Property Records
of Denton County, Texas, and being 16 acres situated in the James Haney Survey,
Abstract No. 515, Denton County, Texas, and described in that certain Warranty Deed
with Vendor's Lien dated January 11, 1980 from Leiland Woodrow Killian to Malcom C.
Ellison and wife, Linda Ellison, filed for record on January 15, 1980 and recorded in
Volume 996, Page 731 of the Real Property Records of Denton County, Texas. Said
Tract 8, Little Brook Estates, is commonly known as DCAD Property ID 61084.
24. Being Tract 13, Little Brook Estates, an Addition to Denton County, Texas, according to
the map or plat thereof recorded in Volume 489, Page 273 of the Real Property Records
of Denton County, Texas. Said Tract 13, Little Brook Estates, is commonly known in
part as DCAD Property ID 62155 7.
25. Being Lot 26, Little Brook Estates, an Addition to Denton County, Texas, according to
the map or plat thereof recorded in Volume 489, Page 273 of the Real Property Records
of Denton County, Texas, situated in the James Haney Survey, Abstract No. 515, Denton
County, Texas, and being conveyed in that certain Warranty Deed with Vendor's Lien
dated to be effective June 30, 1997 from Latham F. Jones, Jr. to Vicki S. Hainlen, filed
for record on July 7, 1997 and recorded in Instrument Number 97-R0045626 of the Real
Property Records of Denton County, Texas. Said Tract 26, Little Brook Estates, is
commonly known as DCAD Property ID 61118.
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26 Being Tract 14, Little Brook Estates, an Addition to Denton County, Texas, according to
the map or plat thereof recorded in Volume 489, Page 273 of the Real Property Records
of Denton County, Texas, situated in the James Haney Survey, Abstract No. 515, Denton
County, Texas, and conveyed by that certain Warranty Deed with Vendor's Lien dated
October 6, 2000 from Latham F. Jones, Jr. to Philip S. Neeley and Krista A. Neeley,
husband and wife, filed for record on October 17, 2000 and recorded in Volume 4697,
Page 1337 of the Real Property Records of Denton County, Texas. Said Tract 14, Little
Brook Estates, is commonly known as DCAD Property ID 61133.
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EXHIBIT D
CITY OF DENTON SERVICE PLAN
2010 Annexation
1. AREA ANNEXED
The areas to be annexed include approximately 7,480 acres of land contained in fifteen (15)
areas. Four (4) of the 15 areas are primarily located within the northwestern quadrant of the City
of Denton's Extraterritorial Jurisdiction (ETJ), Division 1 and are identified as PAA1, PAA2
South, PAA3 and PAA4. These areas include approximately 5273 acres of land. The remaining
eleven (11) areas are unincorporated ETJ pockets and are located within the body of the City of
Denton's corporate limits and are identified as DH-1, DH-2, DH-3, DH-4, DH-5, DH-6, DH-8,
DH-10, DH-11, DH-13 and DH-14. These areas include approximately 2207 acres of land. The
proposed annexation contains multiple owners in 15 distinct areas, as shown on the attached
location map. A general description of each area is also attached.
II. INTRODUCTION
This service plan has been prepared in accordance with the Texas Local Government Code,
Sections 43.021; 43.065; and 43.056(b)-(o) (Vernon 2008, as amended). Municipal facilities and
services to the annexed areas described above will be provided or made available on behalf of
the City of Denton in accordance with the following plan. The City of Denton shall provide the
annexed tract the levels of service, infrastructure, and infrastructure maintenance that are
comparable to the levels of service, infrastructure, and infrastructure maintenance available in
other parts of the City of Denton with similar topography, land use, and population density.
III. AD VALOREM (PROPERTY OWNER) TAX SERVICES
A. Police Protection
Police protection from the City of Denton Police Department shall be provided to
the areas annexed at a level consistent with current methods and procedures
presently provided to similar areas on the effective date of the ordinance. Some
of these services include:
1. Normal patrols and responses;
2. Handling of complaints and incident reports;
3. Special units, such as traffic enforcement, investigations and special
weapons; and
4. Coordination with other public safety support agencies.
As development commences in .these. areas; sufficient police protection, including
personnel and equipment will be provided to furnish these areas with the level of
police services consistent with the characteristics. of topography, land utilization
and population density of the areas. .
Upon ultimate development, police protection will ' be provided at a level
consistent with other similarly situated areas within the city limits.
1
B. Fire Protection
The Denton Fire Department (DFD) will provide emergency and fire prevention
services to the annexation areas. These services include:
1. Fire suppression and rescue;
2.- Pre-hospital medical services including triage, treatment and transport
by Advanced Life Support (ALS) fire engines, trucks and ambulances;
3. Hazardous materials response and mitigation;
4. Emergency prevention and public education efforts;
5. Technical rescue response; and
6. Construction Plan Review and required inspections.
Fire protection from the City of Denton shall be provided to the areas annexed at
a level consistent with current methods and procedures presently provided to
similar areas of the City of Denton on the effective date of the ordinance.
As development commences in these areas, sufficient fire protection, including
personnel and equipment will be provided to furnish these areas with the level of
services consistent with the characteristics of topography, land utilization and
population density of the areas. It is anticipated that fire stations planned to serve
areas currently within the City of Denton will be sufficient to serve areas now
being considered for annexation.
Upon ultimate development, fire protection will be provided at a level consistent
with other similarly situated areas within the city limits.
C. Emergency Medical Service
The Denton Fire Department (DFD) will provide the following emergency and
safety services to the annexation areas. These services include:
1. Emergency medical dispatch and pre-arrival First Aid instructions;
2. Pre-hospital emergency Advanced Life Support (ALS) response; and
transport;
3. Medical rescue services.
Emergency Medical Services (EMS) from the City of Denton shall be provided to
the areas annexed at a level: consistent with current methods and procedures
presently provided to similar areas of the City. of Denton on the effective date of
the ordinance.
As development commences in these areas, sufficient EMS, including personnel
and equipment will be provided to furnish these areas with the level of services
consistent with the characteristics of topography, land utilization and population
density of the areas.
2
Upon ultimate development, EMS will be provided at a level consistent with other
similarly situated areas within the city limits.
D. Solid Waste
Solid Waste and Recycling Collection Services will be provided to the newly
annexed property immediately upon the effective date of the annexation at a level
consistent with current methods and procedures presently provided to similar
areas within the city. Private solid waste collection service providers operating in
the affected area immediately prior to annexation and currently providing
customers with service, may continue to provide their existing service for up to 2
years in accordance with Texas Local Government Code.
E. Wastewater Facilities
All the proposed annexation areas are within the City of Denton Sewer Service
Area as defined by Certificate of Convenience and Necessity (CCN) Number
20072 as issued by the Texas Commission on Environmental Quality (TCEQ.
As development commences in these areas, sanitary sewer mains will be extended
in accordance with the provisions of the City's codes, ordinances and regulations.
City participation in the costs of these extensions shall be in accordance with
applicable City ordinances and regulations. Capacity shall be provided consistent
with the characteristics of topography, land utilization, and population density of
the areas.
Sanitary sewer mains and lift stations installed or improved to City standards
within the annexed areas which are located within dedicated easement, rights-of-
way, or any other acceptable location approved by the City Engineer, shall be
maintained by the City on the effective date of this ordinance.
Operation and maintenance of wastewater facilities in the annexed areas that are
within the service area of another water utility will be the responsibility of that
utility. Operation and maintenance of private wastewater facilities in the annexed
area will be the responsibility of the owner.
F. Water Facilities
PAA 1, PAA4, DH-1, DH-2, DH-3, DH-4, DH-5, DH-6, DH-8, DH-10, DH-11,
DH-13, and DH-14 annexation areas are within the City of Denton Water Service
Area as- defined by Certificate of Convenience and Necessity (CCN) Number
10195 as issued by the Texas Commission on Environmental Quality (TCEQ.
PAA2S and.PAA3 annexation areas lie within the City of Denton Water- Service
Area as. defined by. Certificate of Convenience and Necessity (CCN) Number.
10195 as issued by,the Texas Commission on Environmental Quality (TCEQ: -
Bolivar Water Supply Corporation is dually certified in portions of this area under
CCN Number 11257..
3
Connections to existing City of Denton water distribution mains 'for water service
will be provided in accordance with existing City ordinances and policies. Upon
connection to existing distribution mains, water service will be provided at rates
established by city ordinance.
As new development occurs within these areas, water distribution mains will be
extended in accordance with Denton's Codes, ordinances and utility service
policies. City participation in the costs of these extensions shall be in accordance
with Denton's codes and ordinances. Water service capacity shall be provided
consistent with the characteristics of topography, land use and population density
of the area.
Operation and maintenance of water facilities in the annexed area that are within
the service area of another water utility will be the responsibility of that utility.
Existing developments, businesses or homes that are on individual water wells or
private water systems will be allowed to continue to remain on these systems until
a request for water service is made to the City. These requests for service will be
handled in accordance with the applicable utility service line extension and
connection policies currently in place at the time the request for service is
received.
G. Roads and Streets
Emergency street maintenance shall be provided within the annexation areas on
the effective date of the applicable ordinance of acceptance. Routine maintenance
will be provided within the annexation areas and will be scheduled as part of the
City's annual program and in accordance with the current policies and procedures
defined by the ordinance and/or as established by the City Council.
Any construction or reconstruction will be considered within the annexation areas
on a City wide basis and within the context of the City's CEP and/or yearly fiscal
budgetary allotments by the City Council.
Roadway signage and associated posts will be replaced in priority of importance
starting with regulatory signs, then warning signs, then informational signs and in
conformance with fiscal allotments by the City Council. If a sign remains, it will
be reviewed and placed on the City's inventory listing for routine replacement. -
All exiting signs will be reviewed for applicability and based upon an engineering
study. New signs will be installed when necessary and based upon an engineering-
study.
Routine maintenance of road/street markings will be placed on a priority listing
and scheduled within the yearly budgetary allotments by the City Council.
H. Parks, Playgrounds, Swimming Pools
4
t
Residents within the areas annexed may utilize all existing park and recreation
facilities, on the effective date of this ordinance. Fees for such usage shall be in
accordance with current fees established by ordinance.
As development commences in these areas, additional park and recreation
facilities shall be constructed based on park policies defined in the Park Master
Plan and as specified in the Park Dedication and Development Ordinance. The
general planned locations and classifications of parks will ultimately serve
residents from the current City limits and residents from areas being considered
for annexation.
1. Publicly Owned Facilities
Any publicly owned facility, building, or service located within the annexed area,
and not otherwise owned or maintained by another governmental entity, shall be
maintained by the City of Denton on the effective date of the annexation
ordinance.
J. Other Services
Other services that may be provided by the City of Denton, such as municipal and
general administration will be made available on the effective date of the
annexation. The City of Denton shall provide level of services, infrastructure, and
infrastructure maintenance that is comparable to the level of services,
infrastructure, and infrastructure maintenance available in other parts of the City
of Denton with topography, land use, and population density similar to those
reasonably contemplated or projected in the area.
III. UNIFORM LEVEL OF SERVICES IS NOT REOUIRED
Nothing in this plan shall require the City of Denton to provide a uniform level of full municipal
services to each area of the City, including the annexed area, if different characteristics of
topography, land use, and population density are considered a sufficient basis for providing
different levels of service.
IV. TERM
This service plan shall be valid for a term of ten (10) years. Renewal of the service plan shall be
at the discretion of City Council.
V. AMENDMENTS
The service plan may be amended if the City Council determines at a public hearing that changed
conditions or subsequent occurrences make this service plan unworkable or obsolete. The City
Council may amend the service plan to conform to . the changed conditions or subsequent
occurrences pursuant to Texas Local Government Code, Section 43.056. .
5