2010-123
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sAour documents\ordinances110\dh-3 annexing parcel. doc
ORDINANCE NO. 2010-123
AN ORDINANCE ANNEXING AN AREA OF LAND TO THE CITY OF DENTON, TEXAS,
GENERALLY IDENTIFIED AS DH-3 OF APPROXIMATELY 421 ACRES (LESS THOSE
PARCELS IDENTIFIED IN EXHIBIT "C") LOCATED ON THE SOUTH. SIDE OF SPRING
SIDE ROAD; NORTH, SOUTH AND WEST OF CORBIN ROAD; 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 DH-3 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 DH-3 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\ord1nances\10\dh-3 annexing parcel.doc
WHEREAS, the City Council, by prior action, has approved certain non-annexation
agreements executed by eligible property owners within DH-3; 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
DH-3 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 DH-3; 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 DH-3, 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 DH-3 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.
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sAour documents\ordinances\10\dh-3 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 DH-3.
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 day of , 2010.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: I t4,~ AJ
APPRO D AS O LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
Page 3
EXHIBIT A
EXHIBIT "A"
Annexation Tract DH3
ALL those certain lots, tracts or parcels of land lying and being situated in the County of
Denton, State of Texas and presently being wholly surrounded and fully embraced by the
Denton city limit boundaries of record and established by the annexation ordinances as
follows: Ordinance 1969-40 (Tracts I & II), Ordinance 1980-67, Ordinance 1984-63,
Ordinance 2001-451, and Ordinance 2006-205 (North Tract); and being more specifically
described as follows:
DH-3
BEGINNING at a point at the intersection of Underwood and Springside Road as defined
in Ordinance 2006-205, North Tract;
THENCE in a southerly direction, along the east right-of-way of Underwood as more
completely described in Ordinance 2006-205, North Tract, to a point of intersection with
the north line of the property described in Ordinance 2001-451;
THENCE in a easterly and southeasterly direction, along the north line of the property
described in Ordinance 2001-451 to a point of intersection with the westerly line of the
property described in Ordinance 69-40, Tract II;
THENCE northeasterly along the westerly line of the property described in Ordinance
69-40, Tract II to a point of intersection with the southerly line of the property described
in Ordinance 84-63;
THENCE in a west and north direction along the south and west line of the property
described in Ordinance 84-63 to a point of intersection with the property described in
Ordinance 80-67;
THENCE northerly along the west line of the property described in Ordinance 80-67 to a
point of intersection with the property described in Ordinance 69-40, Tract I, being the
existing City Limit line;
THENCE along the existing City Limit line as described by ordinance 69-40, Tract I to
the Point of Beginning.
EXHIBIT 6
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EXHIBIT C
SAOur DocumentsWiscellancous\IO\Anncxations\cxhibit c - dh3.doc
DH 3 - Exhibit "C"
1. Being 76.768 acres of land, more or less, situated in the Jeremiah Dalton Survey,
Abstract No. 353, Denton County, Texas, and being more fully described in that certain
Warranty Deed with Vendor's Lien dated September 21, 1982 from Cuauhtemoc Tim
Villasana to Fay Charalambopoulos, filed for record on September 22, 1982 and recorded
in Volume 1166, Page 235 of the Real Property Records of Denton County, Texas. Said
76.768 acres of land, more or less, is commonly known as DCAD Property ID 37036.
2. Being 3.00 acres of land, more or less, situated in the J. Dalton Survey, Abstract No. 353,
Denton County, Texas, and being more fully described in that certain Warranty Deed
dated January 31, 2001 from John H. Gandy and Dana P. Gandy to John Scott Gandy and
Kena R. Gandy, filed for record on February 1, 2001 and recorded in Instrument Number
Volume 4766, Page 1110 of the Real Property Records of Denton County, Texas. Said
3.00 acres of land, more or less, is commonly known as DCAD Property ID 231354.
3. Being 51.367 acres of land, more or less, situated in the T.W. Daugherty Survey, Abstract
No. 357, Denton County, Texas, and being more fully described in that Distribution Deed
to Estate Beneficiary dated July 19, 2005 from Jessie H. Havenhill, Independent Executor
of the Estate of Ralph C. Havenhill, Deceased to Jessie H. Havenhill, Trustee of the
Havenhill Family Exempt Trust, filed for record on July 20, 2005 and recorded in
Instrument Number 2005-88434 of the Real Property Records of Denton County, Texas.
Said 51.367 acres of land, more or less, is commonly known as DCAD Property ID
41547.
4. Being a 3.349 acre tract of land, more or less, situated in the Jeremiah Dalton Survey,
Abstract. No. 353, Denton County, Texas, and being more fully described in that certain
Warranty Deed dated September 5, 1974 from H.L. Handley and wife, Ruby H. Handley
to Helen Ann Stults, filed for record on October 2, 1974 and recorded in Volume 723,
Page 383 of the Real Property Records of Denton County, Texas; together with an
approximate 9.91 acre tract of land conveyed in that certain Warranty Deed dated May
155 1991 from Ruby H. Handley, Individually and as Heir and Independent Executrix of
the Estate of H.L. Handley, Deceased to Helen Ann Stults, filed for record on May 16,
1991 and recorded in Volume 2980, Page 176 of the Real Property Records of Denton
County, Texas.
SAVE & EXCEPT: 3.47 acres of land, more or less, situated in the Jeremiah
Dalton Survey, Abstract No. 353, Denton County, Texas, and being more fully
described in that certain Correction General Warranty Deed dated April 7, 2003
from Helen Ann Stults to Kelli Ann Holdsclaw, filed for record on September 30,
2003 and recorded in Volume 5428, Page 4716 of the Real Property Records of
Denton County, Texas. Said 3.47 acres of land, more or less, is commonly known
as DCAD Property ID 254159 and DCAD Property ID 254160.
The remaining 9.789 acres of land, more or less, is commonly known as DCAD Property
ID 3 7010 and DCAD Property ID 3 7032.
Page 1
SAOur DociimentsMscellaneous\10\Annexations\exhibit c - dh3.doc
5. Being 2.408 acres of land, more or less, situated in the Jeremiah Dalton Survey, Abstract
No. 353, Denton County, Texas, and being more fully described in that certain Warranty
Deed with Vendor's Lien dated June 30, 1987 from Kenneth Reese Morgan and Jennifer
Morgan a/k/a Jennifer Jopling to William Clinton Lynch and wife, Claudia P. Lynch,
filed for record on July 2, 1987 and recorded in Volume 2190, Page 507 of the Real
Property Records of Denton County, Texas. Said 2.408 acres of land, more or less, is
commonly known as DCAD Property ID 3 703 7.
6. Being 15.0469 acres of land, more or less, situated in the J. Dalton Survey, Abstract No.
353, Denton County, Texas, and being more fully described in that certain Special
Warranty Deed dated November 15, 2000 from Nancy Dee Riley to Jon Michael Riley,
filed for record on November 22, 2000 and recorded in Volume 4722, Page 474 of the
Real Property Records of Denton County, Texas. Said 15.0469 acres of land, more or
less, is commonly known as DCAD Property ID 37012 and DCAD Property ID 37026,
respectively.
7. Being 5.0 acres of land, more or less, situated in the J. Dalton Survey, Abstract No. 353,
Denton County, Texas, and being more fully described in that certain Special Warranty
Deed dated September 6, 2005 from John H. Gandy and his wife, Dana P. Gandy to The
John H. Gandy and Dana P. Gandy Revocable Living Trust, filed for record on
November 1, 2005 and recorded in Instrument Number 2005-136596 of the Real Property
Records of Denton County, Texas. Said 5.0 acres of land, more or less, is commonly
known as DCAD Property ID 3 7025.
8. Being 10 acres of land, more or less, situated in the J. Dalton Survey, Abstract No. 353,
Denton County, Texas, and being more fully described in that certain Warranty Deed
with Vendor's Lien dated August 24, 1979 from H. L. Handley and wife, Ruby Handley
to John H. Gandy and wife, Dana J. Gandy, filed for record on August 28, 1979 and
recorded 'in Volume 971, Page 251 of the Real Property Records of Denton County,
Texas.
SAVE & EXCEPT: 3.00 acres of land, more or less, situated in the J. Dalton
Survey, Abstract No. 353, Denton County, Texas, and being more fully described
in that certain Warranty Deed dated January 31, 2001 from John H. Gandy and
Dana P. Gandy to John Scott Gandy and Kena R. Gandy, filed for record on
February 1, 2001 and recorded in Instrument Number Volume 4766, Page 1110 of
the Real Property Records of Denton County, Texas. Said 3.00 acres of land,
more or less, is commonly known as DCAD Property ID 231354.
The remaining 7.00 acres of land, more or less, is commonly known as DCAD Property
ID 37011.
9. Being 7.822 acres of land, more or less, situated in the Jeremiah Dalton Survey, Abstract
No. 353, Denton County, Texas, and being more fully described in that certain Warranty
Deed with Vendor's Lien dated April 2, 1981 from Harold L. Handley and wife, Ruby H.
Handley to Wallace Whitworth, Jr. and wife, Barbara Ann Whitworth, filed for record on
Page 2
SA0ur Documents\Miscellaneous\IO\Annexations\e.%Wbit c - dh3.doc
April 8, 1981 and recorded in Volume 1070, Page 192 of the Real Property Records of
Denton County, Texas. Said 7.822 acres of land, more or less, is commonly known as
DCAD Property ID 3 703 0.
10. Being 3.000 acres of land, more or less, situated in the Jeremiah Dalton Survey, Abstract
No. 353, Denton County, Texas, and being more fully described in that certain Warranty
Deed dated April 2, 1981 from Harold L. Handley and wife, Ruby H. Handley to Wallace
Whitworth, Jr. and wife, Barbara Ann Whitworth, filed for record on April 8, 1981 and
recorded in Volume 1070, Page 188 of the Real Property Records of Denton County,
Texas. Said 3.000 acres of land, more or less, is commonly known as DCAD Property ID
37028.
11. Being a called 65.72 acre tract of land, more or less, situated in the William Sajaris
Survey, Abstract No. 1174, and a 63.713 acre tract of land, more or less, situated in the S.
Pritchett Survey, Abstract No. 1004, Denton County, Texas, and being that portion lying
outside the city limits, of a 156.47 acre tract, more or less, described in that certain
Correction General Warranty Deed dated to be effective October 14, 1994 from The
Herradura Joint Venture to Terri J. Meador and Robert W. Hammer, filed for record on
December 27, 1994 and recorded in Instrument Number 94-R0094073 of the Real
Property Records of Denton County, Texas. The called 65.72 acre tract of land, more or
less, and the called 63.713 acre tract of land, more or less, are commonly known as
DCAD Property ID 37096 and DCAD Property ID 37343, respectively.
Page 3
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 PAAl, 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 alevel 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 Connvenience 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 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
4
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.
I. 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.
5