2010-124
sAour documents\ord1nances\10\dh4 annexing parcel.doc
ORDINANCE NO. 2010-124
AN ORDINANCE ANNEXING AN AREA OF LAND TO THE CITY OF DENTON, TEXAS,
GENERALLY IDENTIFIED AS DH-4 OF APPROXIMATELY 347 ACRES (LESS THOSE
PARCELS IDENTIFIED IN EXHIBITS "C") LOCATED ON THE EAST SIDE OF BONNIE
BRAE STREET; WEST OF FORT WORTH DRIVE; EAST AND WEST OF VINTAGE
BOULEVARD, 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-4 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-4 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\8 4 annexing, parcel.doc
WHEREAS, the City Council, by prior action, has approved certain non-annexation
agreements executed by eligible property owners within DH-4; 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-4 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-4; 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-4, 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-4 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
J
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
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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-4.
AND IT IS SO ORDERED.
.U
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." URRObG S, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
t
BY:
APPRO D AS LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
L
Page 3
EXHIBIT A
EXHIBIT "A"
Annexation Tract DH4
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 and
disannexation ordinances as follows: Ordinance 1969-40 (Tract III), Ordinance 1979-82,
Ordinance 1980-1, Ordinance 1991-33 (Tracts 1 & 3), and Ordinance 2001-92; and being
more specifically described as follows:
DH-4
BEGINNING at a point at the southeast corner of the property described in Ordinance
91-033, Tract I, being a point at the intersection of Allred Road and Bonnie Brae Road;
THENCE North 00° 39' 53" West, 3265.02 feet along Bonnie Brae Road to a point, said
point being the northeast corner of the property described in Ordinance 91-033, Tract I,
and also being the southeast corner of the property described in Ordinance 91-033, Tract
III;
THENCE northerly along Bonnie Brae Road to appoint, said point being the southwest
corner of the property described in Ordinance 2001-092;
THENCE South 89° 29' 08" East, 1700.62 feet along the south line of the property
described in Ordinance 2001-092 to a point;
THENCE North 88° 46' 32" East, 1502.66 feet along the south line of the property
described in Ordinance 2001-092 to a point for a corner;
THENCE North 00° 47' 19" West, 2294.14 feet to a point for a corer;
THENCE southerly along and near the median of Hickory Creek, a series of meanders
totaling approximately 2411.54 feet to a point;
THENCE South 20° 31' 17" East, 21.90 feet to a point for a corner, said point being the
northwest corner of disannexation tract described in Ordinance 80-1, Tract III;
THENCE southwesterly along the north boundary line of the property described in
Ordinance 80-1, Tract III, same being the center of the channel of Hickory Creek to a
point for a corner at the intersection of the north boundary line and the west right-of-way
line of the Texas and Pacific Railroad;
THENCE southwesterly along the right-of-way line of the Texas and Pacific Railroad to
a point for a corner, said point being the southeast corner of the property described in
Ordinance 80-1, Tract III and the northeast corner of the property described in Ordinance
79-082;
THENCE continuing southwesterly along the right-Of-way line of the Texas and Pacific
Railroad as described in Ordinance 79-082, to a point for a corner, said corner being the
southeast corner of said ordinance and the also being the northeast corner of the property
described in Ordinance 69-40, Tract III;
Thence northerly to the Point of Beginning, containing 347 acres, more or less.
EXHIBIT B
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EXHIBIT C
SA0ur Documerds\Miscellaneous110\Annerations\e..chibit c - dhd.doc
DH 4 - Exhibit "C"
1. Being 5.356 acres of land, more or less, situated in the J. Severe Survey, Abstract No.
1164, Denton County, Texas, and being more fully described in that certain Warranty
Deed dated May 5, 2009 from Donald A. Barlow and Suzanne Barlow to Barlow
Revocable Trust, filed for record on May 8, 2009 and recorded in Instrument Number
2009=55359 of the Real Property Records of Denton County, Texas. Said 5.356 acres of
land, more or less, is commonly known as DCAD Property ID 166855.
2. Being 7.932 acres of land, more or less, situated in the James Severe Survey, Abstract
No. 1164, Denton County, Texas, and being more fully described in that certain Warranty
Deed with Vendor's Lien dated January 28, 1994 from Jack Erickson to Don F. Logan
and wife, Pat Logan; and Paul Tubbs and wife, Tammy Tubbs, filed for record on
February 7, 1994 and recorded in Instrument Number 94-R0010473 of the Real Property
Records of Denton County, Texas.
SAVE & EXCEPT: 4.390 acres of land, more or less, situated in the James Severe
Survey, Abstract No. 1164, Denton County, Texas, and being more fully described in
that certain Warranty Deed dated October 22, 1998 from Don F. Logan and wife,
Patricia A. Logan to Paul A. Tubbs and wife, Tammy D. Tubbs, filed for record on
October 26, 1998 and recorded in Volume 4204, Page 547 of the Real Property
Records of Denton County, Texas. Said 4.390 acres of land, more or less, is
commonly known as DCAD Property ID 200811.
3. Being 7.000 acres of land, more or less, situated in the William Roark Survey, Abstract
No.- 1087, Denton County, Texas, and being more fully described in that certain Special
Cash Warranty Deed dated September 13, 2000 from Mont L. Wilkes and Emrie A.
Wilkes, husband and wife to Timothy T. Sutton and Jeanna M. Sutton, husband and wife,
filed for record on September 14, 2000 and recorded in Volume 4674, Page 1217 of the
Real Property Records of Denton County, Texas. Said 7.000 acres of land, more or less,
is commonly known as DCAD Property ID 227860.
4. Being an 80.133 acre tract of land, more or less, and a 20.00 acre tract of land, more or
less, situated in the William Roark Survey, Abstract No. 1087, Denton County, Texas,
and being more fully described as Tract I and Tract II, respectively, in that certain Special
Warranty Deed dated August 21, 2000 from Calvary Cathedral, Inc. fwa Calvary
Evangelistic Temple of Fort Worth, Inc. to Mont L. Wilkes and Emrie A. Wilkes,
husband and wife, filed for record on August 25, 2000 and recorded in Volume 4661,
Page 350 of the Real Property Records of Denton County, Texas.
SAVE & EXCEPT: 10.50 acres of land, more or less, situated in the William
Roark Survey, Abstract No. 1087, Denton County, Texas, and being more fully
described in that certain Warranty Deed with Vendor's Lien dated January 22,
2001 from Mont L. Wilkes and Emrie A. Wilkes, husband and wife to Rodney S.
Page 1
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Preston and Kathy A. Preston, filed for record on January 24, 2001 and recorded
in Volume 4760, Page 1432 of the Real Property Records of Denton County,
Texas. Said 10.50 acres of land, more or less, is commonly known as DCAD
Property ID 233817.
Additionally SAVE & EXCEPT: 7.000 acres of land, more or less, situated in the
William Roark Survey, Abstract No. 1087, Denton County, Texas, and being
more fully described in that certain Special Cash Warranty Deed dated September
135 2000 from Mont L. Wilkes and Emrie A. Wilkes, husband and wife to
Timothy T. Sutton and Jeanna M. Sutton, husband and wife, filed for record on
September 14, 2000 and recorded in Volume 4674, Page 1217 of the Real
Property Records of Denton County, Texas. Said 7.000 acres of land, more or
less, is commonly known as DCAD Property ID 227860.
Additionally SAVE & EXCEPT: 21.543 acres of land, more or less, situated in
the William Roark Survey, Abstract No. 1087, Denton County, Texas, and being
more fully described in that certain General Warranty Deed with Vendor's Lien
dated February 8, 2001 from Mont L. Wilkes and wife, Emrie A. Wilkes to Philip
L. Pierce and wife, Deborah D. Pierce, filed for record on February 14, 2001 and
recorded in Volume 4775, Page 617 of the Real Property Records of Denton
County, Texas. Said 10.50 acres of land, more or less, is commonly known as
DCAD Property ID 76883.
Additionally SAVE & EXCEPT: 10.710 acres of land, more or less, situated in-
the William Roark Survey, Abstract No. 1087, Denton County, Texas, and being
more fully described in that certain Warranty Deed dated March 1, 2001 from
Mont L. Wilkes and wife, Emrie A. Wilkes to Jack Brandenburger, filed for
record on March 5, 2001 and recorded in Volume 4787, Page --690 of the Real
Property Records of Denton County, Texas. Said 10.710 acres of land, more or
less, is commonly known as DCAD Property ID 233816.
Additionally SAVE & EXCEPT: 11.958 acres of land, more or less, situated in
the William Roark Survey, Abstract No. 1087, Denton County, Texas, and being
more fully described in that certain Warranty Deed with Vendor's Lien dated
February 4, 2002 from Mont L. Wilkes and Emrie A. Wilkes, husband and wife to
Bradley A. Burks and wife, Mishelle L. Burks, filed for record on February 20,
2002 and recorded in Volume 5027, Page 1036 of the Real Property Records of
Denton County, Texas. Said 11.958 acres of land, more or less, is commonly
known as DCAD Property ID 241741.
Additionally SAVE. & EXCEPT: 0.096 acres of land, more or less, and 0.480
acres of land, more or less, situated in the William Roark Survey, Abstract No.
1087, Denton County, Texas, and described in Tract 2 and Tract 2N, respectively,
of that certain Donation Deed dated May 26, 2004 from Mont L. Wilkes and
Emrie A. Wilkes to Denton County, Texas, filed for record on June 22, 2004 and
Page 2
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recorded in Instrument Number 2004-82062 of the Real Property Records of
Denton County, Texas.
The remaining called 39.939 acre tract of land, is commonly known as DCAD Property
ID 132660.
5. Being 6.008 acres of land, more or less, situated in the James Severe Survey, Abstract
No. 1164, Denton County, Texas, and being more fully described in that certain Warranty
Deed dated December 29, 1997 from Dennis Wayne Smith and wife, Kerri Wray Smith
to Jess Youngker, filed for record on December 30, 1997 and recorded in Instrument
Number 97-R0090947 of the Real Property Records of Denton County, Texas. Said
6.008 acres of land, more or less, is commonly known as DCAD Property ID 166863.
6. Being 3.154 acres of land, more or less, situated in the James Severe Survey, Abstract
No. 1164, Denton County, Texas, and being more fully described in that certain Warranty
Deed with Vendor's Lien dated March 4, 1993 from Leslie Farmer to Joseph A. Spears
and wife, Donna D. Spears, filed for record on March 11, 1993 and recorded in
Instrument Number 93-R0014019 of the Real Property Records of Denton County,
Texas.
SAVE & EXCEPT: 0.3769 acres of a called 0.775 acre parcel of land, situated in
the James Severe Survey, Abstract No. 1164, Denton County, Texas, and being
described in that certain Donation Deed dated February 10, 2005 from Joseph
Spears and Donna D. Spears to Denton County, Texas, filed for record on March
25 2005 and recorded in Instrument Number 2005-23935 of the Real Property
Records of Denton County, Texas.
The remaining 2.7771 acres of land, more or less, is commonly known as DCAD
Property ID 166864.
7. Being 4.140 acres of land, more or less, situated in the James Severe Survey, Abstract
No. 1164, Denton County, Texas, and being more fully described in that certain Warranty
Deed with Vendor's Lien dated November 17, 1995 from Jack Erickson to Joseph A.
Spears and Donna D. Spears, filed for record on November 21, 1995 and recorded in
Instrument Number 95-R0072993 of the Real Property Records of Denton County,
Texas.
SAVE & EXCEPT: 0.3981 acres of a called 0.775 acre parcel of land, situated in
the James Severe Survey, Abstract No. 1164, Denton County, Texas, and being
described in that certain Donation Deed dated February 10, 2005 from Joseph
Spears and Donna D. Spears to Denton County, Texas, filed for record on March
25 2005 and recorded in Instrument Number 2005-23935 of the Real Property
Records of Denton County, Texas.
Page 3
SAOur Documents\Miscellaneous\lOWnne..xations\cxhibit c - dhd.doc
.The remaining 3.7419 acres of land, more or less, is commonly known as DCAD
Property ID 166852.
8. Being 5.978 acres of land, more or less, situated in the James Severe Survey, Abstract
No. 1164, Denton County, Texas, and being more fully described in that certain
Assumption Warranty Deed dated February 11, 1993 from Bert Gibbs to David P. Norris,
filed for record on February 24, 1993 and recorded in Volume 3455, Page 210 of the Real
Property Records of Denton County, Texas.
SAVE & EXCEPT: 0.580 acres of land, more or less, situated in the James Severe
Survey, Abstract No. 1164, Denton County, Texas, and being more fully
described in that certain Donation Deed dated February 12, 2005 from David P.
Norris and Kathleen Norris to Denton County, Texas, filed for record on March 2,
2005 and recorded in Instrument Number 2005-24107 of the Real Property
Records of Denton County, Texas.
The remaining 5.398 acres of land, more or less, is commonly known as DCAD Property
ID 166860.
9. Being 140.607 acres of land, more or less, situated in the William Roark Survey, Abstract
No. 1087, Denton County, Texas, and being more fully described in that certain Special
Warranty Deed dated September 6, 2007 from Richard L. Burch to Burch Family Farm,
Ltd., filed for record on September 13, 2007 and recorded in Instrument Number 2007-
110039 of the Real Property Records of Denton County, Texas. Said 140.607 acres of
land, more or less, is commonly known as DCAD Property ID 64685.
10. Being 6.266 acres of land, more or less, situated in the James Severe Survey, Abstract
No. 1164, Denton County, Texas, and being more fully described in that certain
Corrected General Assumption Warranty Deed corrected on January 11, 2010, but
effective December 19, 2007 from Reichmann Hills of Argyle, LLP to Thomas M.
McMurray, filed for record on January 11, 2010 and recorded in Instrument Number
2010-2921 of the Real Property Records of Denton County, Texas. Said 6.226 acres of
land, more or less, is commonly known as DCAD Property ID 166866.
SAVE & EXCEPT: 0.034 acres of land, more or less, previously conveyed by
Donation Deed dated April 7, 2005 from Reichmann Hills of Argyle, L.L.P. to
Denton County, Texas, filed for record on April 12, 2005 and recorded in
Instrument Number 2005-42653 of the Real Property Records of Denton County,
Texas.
11. Being 11.958 acres of land, more or less, situated in the William Roark Survey, Abstract
No. 1087, Denton County, Texas, and being more fully described in that certain Warranty
Deed with Vendor's Lien dated February 4, 2002 from Mont L. Wilkes and Emrie A.
Wilkes, husband and wife to Bradley A. Burks and wife, Mishelle L. Burks, filed for
record on February 20, 2002 and recorded in Volume 5027, Page 1036 of the Real
Page 4
SA0ur Documents\Miscellaneous\10Wnnerationskehibit c - dh4.doc
Property Records of Denton County, Texas. Said 11.958 acres of land, more or less, is
commonly known as DCAD Property ID 241741.
12. Being 4.00 acres of land, more or less, situated in the James Severe Survey, Abstract No.
1164, Denton County, Texas, and being more fully described in that certain Warranty
Deed with Vendor's Lien dated October 26, 1992 from Brighton Trading Company, L.C.
to Lance T. Crawford and wife, Kimberly M. Crawford, filed for record on November 20,
1992 and recorded in Volume 3382, Page 952 of the Real Property Records of Denton
County, Texas. Said 4.00 acres of land, more or less, is commonly known as DCAD
Property ID 166848.
13. Being 10.50 acres of land, more or less, situated in the William Roark Survey, Abstract
No. 1087, Denton County, Texas, and being more fully described in that certain Warranty
Deed with Vendor's Lien dated January 22, 2001 from Mont L. Wilkes and Emrie A.
Wilkes, husband and wife to Rodney S. Preston and Kathy A. Preston, filed for record on
January 24, 2001 and recorded in Volume 4760, -Page 1432 of the Real Property Records
of Denton County, Texas.
SAVE & EXCEPT: 0.014 acres of land, more or less, situated in the William
Roark Survey, Abstract No. 1087, Denton County, Texas, and being more fully
described -in that certain Donation Deed dated February 10, 2005 Rodney S.
Preston and Kathy A. Preston to Denton County, Texas, filed for record on March
23 2005 and recorded in Instrument Number 2005-23926 of the Real Property
Records of Denton County, Texas.
The remaining 10.486 acres of land, more or less, is commonly known as DCAD
Property ID 233817.
14. Being 21.543 acres of land, more or less, situated in the William Roark Survey, Abstract
No. 1087, Denton County, Texas, and being more fully described in that certain General
Warranty Deed with Vendor's Liens dated October 22, 2007 from Philip L. Pierce and
wife, Deborah D. Pierce to Christopher T. Robinson and Joyce L. Robinson, filed for
record on October 25, 2007 and recorded in Instrument Number 2007-126327 of the Real
Property Records of Denton County, Texas. Said 21.543 acres of land, more or less, is
commonly known as DCAD Property ID 76883.
SAVE & EXCEPT: 0.486 acres of land, more or less, situated in the William
Roark Survey, Abstract No. 1087, Denton County, Texas, and being more fully
described in that certain Donation Deed dated June 1, 2004 from Philip L. Pierce
and wife, Deborah D. Pierce to Denton County, Texas, filed for record on June
225 2004 and recorded in Instrument Number 2004-82064 of the Real Property
Records of Denton County, Texas.
15. Being 3.107 acres of land, more or less, situated in the James Severe Survey, Abstract
No. 1164, Denton County, Texas, and being more fully described in that certain Warranty
Page 5
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Deed dated February 19, 1997 from Brighton Trading Company, L.C. to Richard A.
Smutzer, filed for record on February 24, 1997 and recorded in Instrument Number 97-
R0011588 of the Real Property Records of Denton County, Texas.
SAVE & EXCEPT: 0.047 acres of land, more or less, situated in the James Severe
Survey, Abstract No. 1164, Denton County, Texas, and being more fully
described in that certain Donation Deed dated February 12, 2005 from Richard
Smutzer to Denton County, Texas, filed for record on March 2, 2005 and recorded
in Instrument Number 2005-24062 of the Real Property Records of Denton
County, Texas.
The remaining 3.06 acres of land, more or less, is commonly known as DCAD Property
ID 166865.
16. Being 4.390 acres of land, more or less, situated in the James Severe Survey, Abstract
No. 1164, Denton County, Texas, and being more fully described in that certain Warranty
Deed dated October 22, 1998 from Don F. Logan and wife, Patricia A. Logan to Paul A.
Tubbs and wife, Tammy D. Tubbs, filed for record on October 26, 1998 and recorded in
Volume 4204, Page 547 of the Real Property Records of Denton County, Texas. Said
4.390 acres of land, more or less, is commonly known as DCAD Property ID 200811.
17. Being 6.460 acres of land, more or less, situated in the James Severe Survey, Abstract
No. 1164, Denton County, Texas, and being more fully described in that certain Warranty
Deed with Vendor's Lien dated October 28, 1992 from Brighton Trading Company, L.C.
to Kevin M. Wade and Sheila L. Luster, filed for record on November 25, 1992 and
recorded in Volume 3385, Page 616 of the Real Property Records of Denton County,
Texas.
SAVE & EXCEPT: 0.574 acres of land, more or less, situated in the James Severe
Survey, Abstract No. 1164, Denton County, Texas, and being more fully
described in that Donation Deed dated March 3, 2005 from Kevin M. Wade and
Sheila L. Luster to Denton County, Texas, filed for record on March 15, 2005 and
recorded in Instrument Number 2005-30082 of the Real Property Records of
Denton County, Texas.
The remaining called 5.88 acre tract is commonly known as DCAD Property ID 166850.
Page 6
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 characteri s tics. 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 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
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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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