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AmendedbyOrdinanceNo.201419607/15/14JR
sAour documents\ordinances\10\paa3 annexing parcel.doc
ORDINANCE NO. 2010-119
AN ORDINANCE ANNEXING AN AREA OF LAND TO THE CITY OF DENTON, TEXAS,
GENERALLY IDENTIFIED AS PAA3 OF APPROXIMATELY 1,075 ACRES (LESS THOSE
PARCELS IDENTIFIED IN EXHIBIT "C") LOCATED ON THE SOUTH SIDE OF GANZER
ROAD; NORTH AND SOUTH OF BARTHOLD ROAD; NORTH OF FM 1173; WEST OF I-
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 PAA3 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 PAA3 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\paa3 annexing parcel.doc
WHEREAS, the City Council, by prior action, has approved certain non-annexation
agreements executed by eligible property owners within PAA3; 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
PAA3 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 PAA3; 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 PAA3, 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 PAA3 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\paa3 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 PAA3.
AND IT IS SO ORDERED.
Passed by the City Council on 1st reading this - day of , 2010.
Passed by the City Council on 2nd reading this 0 day of , 2010.
MAK A`."BIURROU IS, IAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPRO AS ~OLEGALFORM:
ANITA BURGESS, CITY ATTORNEY
BY:
Page 3
EXHIBIT A
Annexation Tract PAA3 (Page 1 of 3)
BEGINNING at a point on the present Denton city limits line, described as the southwest
corner of an annexation tract established and described in Ordinance 1985-246 and
further described therein as being on the centerline of F.M. 1173;
THENCE North 87° 57' East, along the center line of F.M. 1173 and along the present
Denton city limit line as established in said Ordinance 1985-246 a distance of 310.5 feet
to a point for corner;
THENCE North 89° 39' East, along the center line of F.M. 1173 and along the present
Denton city limit line as established in said Ordinance 1985-246 a distance of 2,153.5
feet to a point for corner, said point also lying 500 feet west of and perpendicular to the
center line of Interstate Highway 35, said point also being on the 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 45 feet to a point for corner, said point lying
on the south right-of-way line of F.M. 1173 and also being the northeast corner of a City
of Denton annexation tract established and depicted in Ordinance 2007-268 (Exhibit A-3
therein);
THENCE South 89° 19' 54" West along the south right-of-way line of F.M. 1173, same
being the north line of said City of Denton annexation tract established, described and
depicted in Ordinance 2007-268 (Exhibit A and Exhibit A-3 therein), a distance of 1,801
feet to a point for a corner; .
THENCE South 88° 07' 35" West along the south right-of-way line of F.M. 1173, same
being the north line of said City of Denton annexation tract established and described in
Ordinance 2007-268 (Exhibit A therein), a distance of 99.83 feet to a point for a corner;
THENCE North 88° 37' 44" West along the south right-of-way line of F.M. 1173, same
being the north line of said City of Denton annexation tract established and described in
Ordinance 2007-268 (Exhibit A therein), a distance of 401.49 feet to a point for a corner;
THENCE North 84° 33' 28" West along the south right-of-way line of F.M. 1173, same
being the north line of said City of Denton annexation tract established and described in
Ordinance 2007-268 (Exhibit A therein), a distance of 100.64 feet to a point for a corner;
THENCE North 87° 39' 59" West along the south right-of-way. line of F.M. 1173, same
being the north line of said City of Denton annexation tract established and described in
Ordinance 2007-268 (Exhibit A therein), a distance of 1,634.99 feet to a point for a
corner, said point lying on the easterly right-of-way line of the Kansas City Southern
Annexation Tract PAA3 (Page 2 of 3)
Railway (formerly Gulf, Colorado and Sante Fe Railroad Company), said point also
being the northwest corner of said Ordinance 2007-268 annexation tract;
THENCE northwesterly, departing the existing Denton city limits and along the arcs,
courses and distances of the said easterly railroad right-of-way line a total distance of
9,591 feet to a point for a corner; said point being the intersection of the said easterly
.railroad right-of-way line and the south right of way line of Ganzer West Road;
THENCE in an easterly direction, along the courses and distances of the southerly
implied right-of-way line of Ganzer West Road a total distance of 8,182 feet to a point
for a corner, said point lying on the present Denton city limit line established and
described by annexation Ordinance 1987-141;
THENCE South 01° 58' East along the present Denton city limit line established and
described by annexation Ordinance 1987-141, a distance of 922 feet to a point for corner,
said point being the southwest corner of said Ordinance 1987-141 annexation tract and
also lying on the north line of a City of Denton annexation tract established and described
in Ordinance 1969-40 (Tract VI);
THENCE North 88° 53' West along the present Denton city limit line established and
described by annexation Ordinance 1969-40 (Tract VI) a distance of 250 feet to a point
for corner, said point lying 500 feet west of the said center line if Interstate Highway 35
and being the northwest corner of said annexation Ordinance 1969-40 (Tract VI);
THENCE South 00° 44' East parallel to and 500 feet west of said center line of Interstate
Highway 35 and along the present Denton city limit line established and described by
annexation Ordinance 1969-40 (Tract VI) a distance of 6,087 feet to a point for corner,
said point lying 500 feet west of the said center line of Interstate Highway 35 and being
the northeast corner of said annexation tract established and described in Ordinance
1985-246;
THENCE North 89° 29' West along the present Denton city limit line established and
described by annexation Ordinance 1985-246 a distance of 324.6 feet to a point for
corner;
THENCE South 89° 15' 40" West along the present Denton city limit line established
and described by annexation Ordinance 1985-246 a distance of 1,000 feet to a point for
corner;
THENCE North 89° 28' West along the present Denton city limit line established and
described by annexation Ordinance 1985-246 a distance of 1,034.21 feet to a'point for
corner;
Annexation Tract PAA3 (Page 3 of 3)
THENCE South 00° 25' 30" West along the present Denton city limit line established
and described- by annexation Ordinance 1985-246 a distance of 1,271.72 feet to a point
for corner;
THENCE South 00° 42' West along the present Denton city limit line established and
described by annexation Ordinance 1985-246 a distance of 426.35 to the POINT OF
BEGINNING and containing 1,090 acres of land.
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EX HIBITC
SAOur DocumentsMsccitaneous\IOWnnexations\exMbit c - paaldoc
PAA3 - Exhibit "C"
1. Being Lot 11, Block 1, Ganzer Estates, an Addition to Denton County, Texas, according
to the map or plat thereof recorded in Cabinet M, Page 78 of the Plat Records of Denton
County, Texas, and being all that certain lot, tract or parcel of land described in that
certain Warranty Deed with Vendor's Lien dated December 10, 1996 from Anderson
Custom Homes, Inc. to Juan A. Figueiras and wife, Shelia Figueiras, filed for record on
December 11, 1996 and recorded in Instrument Number 96-R0087262 of the Real
Property Records of Denton County, Texas. Said Lot 1, Block 1, Ganzer Estates, is
commonly known as DCAD Property ID 185229.
2. Being a called 18.73 acre tract of land, more or less, situated in the John W. Gibbons
Survey, Abstract No. 446, Denton County, Texas, and being all of the portion lying East
of the Railroad of that certain South one-half (1/2) of a called 142.97 acre tract of land,
described the Warranty Deed dated August 3, 1972 from Rosa Hopkins to Ballard
Hopkins, filed for record on September 6, 1972 and recorded in Volume 654, Page 631 of
the Official Public Records of Denton County, Texas. Said 18.73 acres, more or less, is
commonly known as DCAD Property ID 60790.
3. Being a called 28.69 acre tract of land, more or less, situated in the John W. Gibbons
Survey, Abstract No. 446, Denton County, Texas, and being all of the portion lying East
of the Railroad of that certain North one-half (1/2) of a called 142.97 acre tract of land,
described the Warranty Deed dated August 3, 1972 from Rosa Hopkins to Wayne W.
Hopkins, filed for record on September 6, 1972 and recorded in Volume 654, Page 629 of
the Official Public Records of Denton County, Texas. Said 28.69 acres, more or less, is
commonly known as DCAD Property ID 167642.
4. Being Lot 15, Block 1, Ganzer Estates, an Addition to Denton County, Texas, according
to the map or plat thereof recorded in Cabinet M, Page 78 of the Plat Records of Denton
County, Texas, and being all that certain lot, tract or parcel of land described in that
certain Assumption Warranty Deed dated August 28, 1998 from Lonnie J. Rodgers and
wife, Yong Ja Rodgers to Jim R. Lawson and Martha A. Lawson, filed for record on
August 28, 1998 and recorded in Volume 4164, Page 1446 of the Real Property Records
of Denton County, Texas. Said Lot 15, Block 1, Ganzer Estates, is commonly known as
DCAD Property ID 185233.
5. Being Lot 12, Block 1 of Ganzer Estates, an Addition to Denton County, Texas,
according to the map or plat thereof recorded in Cabinet M, Slide 78 of the Plat Records
of Denton County, Texas, as described in that certain Warranty Deed with Vendor's Lien
dated August 15, 1996, but to become effective August 16, 1996 from John Holley and
Vaughn Andres, d/b/a H & A Investments to Kent E. Wolf and Lori A. Wolfe a/k/a Lori
Ann Wolf. Said Lot 12, Block 1 of Ganzer Estates is commonly known as DCAD
Property ID 185230.
6. Being 2.50 acres of land, more or less, situated in the John Pearson Survey, Abstract No.
1049, the S.L. Johnson Survey, Abstract No. 683, Denton County, Texas, and being more
Page 1
S:\Our Documents\Miscc laneous\IMAnnexationskrhibit c - paaldoc
fully described as the Save and Except Tract in that certain Assumption Warranty Deed
dated August 31, 2005 from Bobby Joe Meritt and wife, Jackie Meritt to Meritt Bois-D'-
Arc Enterprises, Inc. and Meritt Buffalo Events, LLC, filed for record on September 7,
2005 and recorded in Instrument Number 2005-111889 of the Real Property Records of
Denton County, Texas. Said 2.50 acres of land, more or less, is commonly known as
DCAD Property ID 60424 and DCAD Property ID 37682, respectively.
7. Being 7.873 acres of land, more or less, situated in the John Pearson Survey, Abstract No.
1049 and the S. Johnson Survey, Abstract No. 683, Denton County, Texas, and being
more fully described in the First Tract of that certain Warranty Deed with Vendor's Lien
dated to be effective April 30, 2008 from Northstar Bank of Texas to J. Mark Hicks, filed
for record on May 1, 2008 and recorded in Instrument Number 2008-47139 of the Real
Property Records of Denton County, Texas. Said 7.873 acres, more or less, is commonly
known as DCAD Property ID 208223.
8. Being 100 acres of land, more or less, situated in the John W. Gibbons Survey, Abstract
No. 446, Denton County, Texas, and being more fully described in that certain Special
Warranty Deed dated January 6, 2000 from Evelyn Maria Barthold, as Trustee of the Ella
Barthold Living Trust dated February 17, 1998 to Evelyn Maria Barthold, filed for record
on January 7, 2000 and recorded in Volume 4501, Page 1893 of the Real Property
Records of Denton County, Texas.
SAVE & EXCEPT: 1.53 acres of land, more or less, situated in the John W.
Gibbons Survey, Abstract No. 446, Denton County, Texas, and being more fully
described in that certain Warranty Deed dated November 24, 1954 from Ella
Barthold to Gulf, Colorado and Santa Fe Railway Company, filed for record on
February 11, 1956 and recorded in Volume 419, Page 194 of the Real Property
Records of Denton County, Texas.
The remaining 98.47 acres, more or less, is commonly known as DCAD Property ID
60933.
.9. Being a called 73.62 acre tract of land, situated in the B.B.B. & C.R.R. Company Survey,
Abstract No. 141, Denton County, Texas, and being that portion lying East of the
Railroad of a 111 acre tract described in "Tract Two: Home Place, Tract Two - A" of that
certain Warranty Deed dated November 30, 1994 from Fred Lee Barthold to Evelyn
Maria Barthold, filed for record on December 5, 1994 and recorded in Instrument
Number 94-R0089284 of the Real Property Records of Denton County, Texas. Said
73.62' acres, more or less, is commonly known as.DCAD Property ID 38485 and DCAD
Property ID 173414.
10. Being Lot 1, Block 1, Ganzer Estates, an Addition to Denton County, Texas, according to
the map or plat thereof recorded in Cabinet M, Slide 78 of the Plat Records of Denton
County, Texas, and being all that certain lot, tract or parcel of land described in that
certain Warranty Deed with Vendor's Lien dated October 12, 2007 from Russell Wayne
White and Vickie Lynn White to Robert C. Cole and wife, Janeva E. Cole, filed for
record on October 16, 2007 and recorded in Instrument Number 2007-122318 of the Real
Page 2
SA0ur Documents\Misocllaneous\10\AnnexationslexWbit c - paaldoc
Property Records of Denton County, Texas. Said Lot 1, Block 1, Ganzer Estates, is
commonly known as DCAD Property ID 185219.
11. Being Lot 13, Block 1, Ganzer Estates, an Addition to Denton County, Texas, according
to the map or plat thereof recorded in Cabinet M, Page 78 of the Plat Records of Denton
County, Texas, and being all that certain lot, . tract or parcel of land described in that
certain General Warranty Deed with Vendor's Lien dated October 29, 2007 from Steven
D. Bradley and Karen M. Bradley to Johnny McQuinn, III and Lisa Sue McQuinn,
husband and wife, filed for record on October 31, 2007 and recorded in Instrument
Number 2007-128405 of the Real Property Records of Denton County, Texas. Said Lot
13, Block 1, Ganzer Estates, is commonly known as DCAD Property ID 185231.
12. Being Lot 16, Block 1, Ganzer Estates, an Addition to Denton County, Texas, according
to the map or plat thereof recorded in Cabinet M, Page 78 of the Plat Records of Denton
County, Texas, and being all that certain lot, tract or parcel of land described in that
certain Warranty Deed with Vendor's Lien dated to be effective September 2, 2005 from
John D. Hesse and wife, Geri Hesse to Dale Wolf and wife, Kimberly Wolf, filed for
record on September 13, 2005 and recorded in Instrument Number 2005-114453 of the
Real Property Records of Denton County, Texas. Said Lot 16, Block 1, Ganzer Estates,
is commonly known as DCAD Property ID 185234.
13. Being a called 55.81 acre tract of land, situated in the S. L. Johnson Survey, Abstract No.
683, Denton County, Texas, and being that portion lying outside of the city limits, of a
97:50 acre tract of land described in that certain Special Warranty Deed dated August 31,
2008 from Hassie Hunt Exploration Company to HHEC SpinCo, LLC, filed for record on
September 5, 2008 and recorded in Instrument Number 2008-97810 of the Real Property
Records of Denton County, Texas. Said 55.18 acres, more or less, is commonly known
as DCAD Property ID 3 7713.
SAVE & EXCEPT: That portion lying outside of the city limits, of a called
21.000 acre tract of land, situated in the S. L. Johnson Survey, Abstract No. 683,
Denton County, Texas, and described in that certain Special Warranty Deed dated
June 17, 2009 from HHEC SpinCo, LLC to Haroldson L. Hunt, Jr. Trust Estate,
filed for record on June 22, 2009 and recorded in Instrument Number 2009-75411
of the Real Property Records of Denton County, Texas. Said 21.000 acre tract of
land, apparently has not been assigned a DCAD Property ID.
14. Being a 21.000 acres of land, more or less, situated in the S. L. Johnson Survey, Abstract
No. 683, Denton County, Texas, and described in that certain Special Warranty Deed
dated June 17, 2009 from HHEC SpinCo, LLC to Haroldson L. Hunt, Jr. Trust Estate,
filed for record on June 22, 2009 and recorded in Instrument Number 2009-75411 of the
Real Property Records of Denton County, Texas. Said 21.000 acre tract of land,
apparently has not been assigned a DCAD Property ID.
15. Being a called 108.78 acre tract of land, situated in the S. L. Johnson Survey, Abstract
No. 683, and a called 44.473 acre tract of land, situated in the I. Coy Survey, Abstract
No. 212, Denton County, Texas, and being that portion lying outside of the city limits, of
Page 3
SAOttr DocumentsMsccllaneous\10\Anneaadons\exhibit c - paaldoc
a called 181.792 acre tract described on Page 472 of that certain Special Warranty Deed
dated December 8, 1989 from J & L Partners, acting by and through its manager, L & J
Management Corporation, and its partners Josephine Hughes Sterling and Lewis R.
Cauble to Rancho Vista Development Company, filed for record on December 11, 1989
and recorded in Volume 2695, Page 465 of the Real Property Records of Denton County,
Texas. Said 108.78 acre tract and 44.473 acre tract are commonly known as DCAD
Property ID 37683 and DCAD Property ID 38276, respectively.
16. Being 86.132 acres of land, more or less, situated in the S. Johnson Survey, Abstract No.
683, Denton County, Texas, and being more fully described in Tract 3 of that certain
Warranty Deed with Vendor's Lien dated March 12, 1999 from Ellouise McDonnell to
Harlan Properties, Inc., filed for record on March '15, 1999 and recorded in Volume 4296,
Page 1246 of the Real Property Records of Denton County, Texas. Said 86.132 acres,
more or less, is commonly known as DCAD Property ID 79416 and DCAD Property ID
37689, respectively.
SAVE & EXCEPT: A 1.00 acre tract of land, more or less, situated in the S.
Johnson Survey, Abstract No. 683, Denton County, Texas, and being more fully
described in that certain Special Warranty Deed dated March 24, 2004 from
Harlan Properties, Inc. to North Denton Pipeline, L.L.C., filed for record on April
23, 2004 and recorded in Instrument Number 2004-51974 of the Real Property
Records of Denton County, Texas. Said 1.00 acre tract of land, more or less, is
commonly known as DCAD Property ID 270484.
17. Being 294.026 acres of land, more or less, situated in the John W. Gibbons Survey,
Abstract No. 446, the John Pearson Survey, Abstract No. 1049 and. the S. Johnson
Survey, Abstract No. 683, Denton County, Texas, and being more fully described in
Tract 1 of that certain Warranty Deed with Vendor's Lien dated March 12, 1999 from
Ellouise McDonnell to Harlan Properties, Inc., filed for record on March 15, 1999 and
recorded in Volume 4296, Page 1246 of the Real Property Records of Denton County,
Texas. Said 294.026 acres, more or less, is commonly known as DCAD Property ID
167644, DCAD Property ID 60428, DCAD Property ID 37686 and DCAD Property ID
173412, respectively.
SAVE & EXCEPT: A 7.873 acre tract of land, more or less, situated in the John
Pearson Survey, Abstract No. 1049 and the S. Johnson Survey, Abstract No. 683,
Denton County, Texas, and being more fully described in that certain Warranty
Deed with Vendor's Lien dated to be effective June 18, 1999 from Harlan
Properties, Inc. to Robert J. Sullivan and wife, Jennifer L. Sullivan, filed for
record on June 28, 1999 and recorded in Volume 4369, Page 1796 and corrected
in Volume 4382, Page 487 of the Real Property Records of Denton County,
Texas. Said 7.873 acres, more or less, is commonly known as DCAD Property ID
208223.
Page 4
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.
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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.
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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 withinthe context of the City's CIP 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
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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 REQUIRED
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.
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