2010-125
sAour documents\ordinances\10\8-5 annexing parcel.doc
ORDINANCE NO. 2010-125
AN ORDINANCE ANNEXING AN AREA OF LAND TO THE CITY OF DENTON, TEXAS,
GENERALLY IDENTIFIED AS DH-5 OF APPROXIMATELY 307 ACRES (LESS THOSE
PARCELS IDENTIFIED IN EXHIBIT "C") LOCATED ON THE EAST SIDE OF FORT
WORTH DRIVE; WEST SIDE OF COUNTRY CLUB DRIVE; NORTH OF BRUSH CREEK
ROAD, 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-5 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 W
of land on which one or more residential dwellings are located on the DH-5 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\dh-5 annexing parcel.doe
WHEREAS, the City Council, by prior action, has approved certain non-annexation
agreements executed by eligible property owners within DH-5; 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-5 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-5; 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-5, 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-5 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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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-5.
AND IT IS SO ORDERED.
Passed by the City Council on 1 st reading this ~~i_ day of 12010.
Passed by the City Council on 2"d reading this day of 52010.
M A~BURRQUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPRO AS LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: Lk--t s' t
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EXHIBIT A
EXHIBIT "A"
Annexation Tract DH5
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 1965-43 (Tract 4), Ordinance 1969-40
(Tract III), Ordinance 1980-1 (Tracts 1 & 2), Ordinance 1997-130, and Ordinance 2001-
90 (Tract 1); and being more specifically described as follows:
DH-5
Tract 1
BEGINNING at a point on the north right-of-way of Brush Creek Road as described in
Ordinance 2110-090, Ryan Tract I;
THENCE along a series of segments as described in Ordinance 2001-090 as follows;
. THENCE along the north right-of-way line of Brush Creek Road and thereafter
the west right-of-way of FM 1830, approximately 4668.43 feet to a point for a corner;
THENCE South 89° 51' 22" West, 500 feet to a point for a comer;
THENCE North 00° 08' 38" West, 450 feet, to a point for a corner;
THENCE South 89° 51' 22" East, 500 feet to a point for a corner, said pint along
the west right-of-way line of FM 1830;
THENCE northerly along the west right-of-way line of FM 1830, approximately
1241.24 feet to a point for a corner;
THENCE westerly approximately 2607 feet to a point for a corner;
THENCE north along the west line of the B.B.B. & C.R.R. Co. Survey, Abstract
196, approximately 1004.92 feet to a point for a corner, said point lying in the center of
Hickory Creek;
THENCE along Hickory Creek to a point for a corner, said corner being on a line
Described in Ordinance 65-43 (Tract IV);
THENCE southwesterly along the easterly line of the property described in Ordinance
65-43 (Tract IV) to a point described on Ordinance 80-1 (Tract II);
THENCE westerly to the east right-of-way of Fort Worth Drive as described in
Ordinance 80-1 (Tract II);
THENCE along the east right-of-way of Fort worth Drive as described in Ordinance 80-1
(Tract II) and Ordinance 80-1 (Tract I), to a point for a corner;
THENCE easterly along the line described by Ordinance 80-1 (Tract I) to a point, said
point intersecting a line defined by Ordinance 97-130;
THENCE North 88° 34' 45" East, 1171.23 to a point for a corner;
THENCE North 05° 47' 49" East, 193.72 feet to a point for a corner;
THENCE North 88° 38' 45" East, 1240.69 feet to a point for a corner;
THENCE southerly to a point, said point being the intersection of a line described by
Ordinance 2001-090, Ryan Tract I;
THENCE easterly approximately 1320.50 feet to a point for a corner;
THENCE southerly approximately 2640 feet to the Point of Beginning.
Tract 2
Being the property described in Ordinance 2001-090 as a Save & Except Tract. The
following description is as written in the said ordinance.
BEGINNING at a point on the north line of Brush Creek Road and on the southerly right-
of-way line of FM 1830 and being North 58° 12' 59" East a distance of 20.00 feet from
the northwest corner of the tract of land described in the deed from A. E. Wyatt to Fred
D. Kurrus being recorded in Volume 598, Page 544, Deed Records of Denton County,
Texas;
THENCE North 58° 12' 80" East along the south right-of-way line of FM 1830 a
distance of 323.52 to the beginning of curve to the left having a radius of 617.23 feet;
THENCE with said curve to the left having an arc length of 443.28 feet and a chord..
bearing of North 37° 38' 31' East a distance of 433.82 feet to a point on the southerly
right-of-way of FM 1830 and on the west line of the tract of land described in the deed to
Sowell Property Partners-Hickory being recorded as County Clerk's File Number 99-
R0088518, Real Property Records of Denton County, Texas;
THENCE South 00° 54' 46" East along the west line of the said Sowell Property
Partners-Hickory tract a distance of 489.39 feet to a point on the north right-of-way of
Brush Creek Road;
THENCE South 87° 25' 34" West along the north line of Brush Creek Road distance of
548.30 feet to the POINT OF BEGINNING and containing 2.25 acres of land.
EXHIBIT B
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EXHIBIT C
SAOur DocumemsUv4iscellaneous1101Anne.xadonskxhibit c - dh5.doc
DH 5 - Exhibit "C"
1. Being 3.506 acres of land, more or less, situated in the James W. Withers Survey,
Abstract No. 1343, Denton County, Texas, and being more fully described in the first
tract described in the first tract of that certain Warranty Deed dated April 3, 2003 from
Carroll Oden, Trustee of the Bildaco Trust to Nelda Hackett, filed for record on August
20, 2003 and recorded in Volume 5400, Page 6124 of the Real Property Records of
Denton County, Texas. Said 3.506 acres of land, more or less, is commonly known as
DCAD Property ID No. 129034.
2. Being that portion lying outside the city limits, of a 220.275 acre tract of land, more or
less, situated in the William Roark Survey, Abstract No. 1087; the James Severe Survey,
Abstract No. 1164; the B.B.B. & C.R.R. Company Survey, Abstract No. 196; and the
J.W. Withers Survey, Abstract No. 1343, Denton County, Texas, and being more fully
described in the First Tract of 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 2007-1 1 0044 of the Real Property Records
of Denton County, Texas. Said 220.275 acres of land, more or less, is commonly known
as DCAD Property ID 64687, DCAD Property.ID 65694, DCAD Property ID 38760,
DCAD Property ID 38139 and DCAD Property ID 220122, respectively.
3. Being 1.457 acres of land, more or less, situated in the B.B.B. & C.R.R. Co. Survey,
Abstract No. 196 and the J.- Withers Survey Abstract No. 1343, Denton County, Texas,
and being more fully described in the Second Tract of 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 2007-1 1 0044 of the
Real Property Records of Denton County, Texas. Said 1.457 acres of land, more or less,
is commonly known as DCAD Property ID 220123 and DCAD Property ID 524407,
respectively.
4. Being 91.760 acres of land, more or less, situated in the James W. Withers Survey,
Abstract No. 1343, Denton County, Texas, and being more fully described in the First
Tract of 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 2007-110040 of the Real Property Records of Denton County,
Texas. Said 91.760 acres of land, more or less, is commonly known as DCAD Property
ID No. 38144.
5. Being 2.571 acres of land, more or less, situated in the James W. Withers Survey,
Abstract No. 1343, Denton County, Texas, and being more fully described in the
Second Tract of 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 2007-1 1 0040 of the Real Property Records
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SAOur Doc uncnts\Miscellancous\10\Anneradons\cxhibit c - dh3.doc
of Denton County, Texas. Said 2.571 acres of land, more or less, is commonly
known as DCAD Property ID No. 524184.
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EXHIBIT D
CITY OF DENTON SERVICE PLAN
2010 Annexation -
1. AREA ANNEXED
The areas to be annexed include approximately 7,480 acres of land contained in fifteen (15)
areas. Four (4) of the 15 areas are primarily located within the northwestern quadrant of the City
of Denton's Extraterritorial Jurisdiction (ETJ), Division 1 and are identified as PAA1, PAA2
South, PAA3 and PAA4. These areas include approximately 5273 acres of land. The remaining
eleven (11) areas are unincorporated ETJ pockets and are located within the body of the City of
Denton's corporate limits and are identified as DH-1, DH-2, DH-3, DH-4, DH-5, DH-6, DH-8,
DH-10, DH-11, DH-13 and DH-14. These areas include approximately 2207 acres of land. The
proposed annexation contains multiple owners in 15 distinct areas, as shown on the attached
location map. A general description of each area is also attached.
H. INTRODUCTION
This service plan has been prepared in accordance with the Texas Local Government Code,
Sections 43.021; 43.065; and 43.056(b)-(o) (Vernon 2008, as amended). Municipal facilities and
services to the annexed areas described above will be provided or made available on behalf of
the City of Denton in accordance with the following plan. The City of Denton shall provide the
annexed tract the levels of " service, infrastructure, and infrastructure maintenance that are
comparable to the levels of service, infrastructure, and infrastructure maintenance available in
other parts of the City of Denton with similar topography, land use, and population density.
III. AD VALOREM (PROPERTY OWNER) TAX SERVICES
A. Police Protection
Police protection from the City of Denton Police Department shall be provided to
the areas annexed at a level consistent with current methods and procedures
presently provided to similar areas on the effective date of the ordinance. Some
of these services include:
1. Normal patrols and responses;
2. Handling of complaints and incident reports;
3. Special units, such as traffic enforcement, investigations and special
weapons; and
4. Coordination with other public safety support agencies.
As. development commences in these areas, sufficient police protection, including
personnel and equipment will be .provided to furnish these. areas with the level of
police services . consistent with the characteristics of topography, land utilization
and population density of the areas.
Upon ultimate development,- police protection will be provided at a level
consistent with other similarly' situated areas within the city limits.
1
B. Fire Protection -
The Denton Fire Department (DFD) will provide emergency and.fire prevention
services to the annexation areas. These services include:
1. Fire suppression and rescue;
2. Pre-hospital medical services including triage, treatment and transport
by Advanced Life Support (ALS) fire engines, trucks and ambulances;
3. Hazardous materials response and mitigation;
4. Emergency prevention and public education efforts;
5. Technical rescue response; and
6. Construction Plan Review and required inspections.
Fire protection from the City of Denton shall be provided to the areas annexed at
a level consistent with current methods and procedures presently provided to
similar areas of the City of Denton on the effective date of the ordinance.
As development commences in these areas, sufficient fire protection, including
personnel and equipment will be provided to furnish these areas with the level of
services consistent with the characteristics of topography, land utilization and
population density of the areas. It is anticipated that fire stations planned to serve
areas currently within the City of Denton will be sufficient to serve areas now
being considered for annexation.
Upon ultimate development, fire protection will be provided at a level consistent
with other similarly situated areas within the city limits.
C. Emergency Medical Service
.The Denton Fire Department (DFD) will provide the following emergency and
safety services to the annexation areas. These services include:
1. Emergency medical dispatch and pre-arrival First Aid instructions;
2. Pre-hospital emergency Advanced Life Support (ALS) response; and
transport;
3. Medical rescue services.
Emergency Medical Services (EMS) from the City of Denton shall be provided to
the areas annexed at a level consistent with current methods and procedures .
-presently provided to similar areas of the City of Denton on the effective date of
the ordinance:
As development commences in these areas, sufficient EMS, including personnel
'and equipment will be provided to furnish these areas with the level of services
consistent with the characteristics of topography, land utilization and population
density of the areas.
2
Upon ultimate development, EMS will be provided at a level Consistent with other
similarly situated areas within the city limits.
D. Solid Waste
Solid Waste and Recycling Collection Services will be provided to the newly
annexed property immediately upon the effective date of the annexation at a level
consistent with current methods and procedures presently provided to similar
areas within the city. Private solid waste collection service providers operating in
the affected area immediately prior to annexation and currently providing
customers with service, may continue to provide their existing service for up to 2
years in accordance with Texas Local Government Code.
E. Wastewater Facilities
All the proposed annexation areas are within the City of Denton Sewer Service
Area as defined by Certificate of Convenience and Necessity (CCN) Number
20072 as issued by the Texas Commission on Environmental Quality (TCEQ).
As development commences in these areas, sanitary sewer mains will be extended
in accordance with the provisions of the City's codes, ordinances and regulations.
City participation in the costs of these extensions shall be in accordance with
applicable City ordinances and regulations. Capacity shall be provided consistent
with the characteristics of topography, land utilization, and population density of
the areas.
Sanitary sewer mains and lift stations installed or improved to City standards
within the annexed areas which are located within dedicated easement, rights-of-
way, or any other acceptable location approved by the City Engineer, shall be
maintained by the City on the effective date of this ordinance.
Operation and maintenance of wastewater facilities in the annexed areas that are
within the service area of another water utility will be the responsibility of that
utility. Operation and maintenance of private wastewater facilities in the annexed
area will be the responsibility of the owner.
F. Water Facilities
PAA15 PAA4, DH-1, DH-2, DH-35 DH-4, DH-5, DH-6, DH-8, DH-10, DH-11,
DH-13, and DH-14 annexation areas are within the City of Denton Water Service
Area as defined by Certificate of Convenience and Necessity (CCN) Number
10195 as issued by the Texas Commission on Environmental Quality (TCEQ).
PAA2S and PAA3 annexation areas lie within the City of Denton Water Service
Area as defined by Certificate *of Convenience and Necessity (CCN) Number
10195 as issued by the Texas Commission on. Environmental Quality (TCEQ).
Bolivar Water Supply Corporation is dually certified in portions of this area under
CCN Number 11257.
3
Connections to existing City of Denton water distribution mains for water service
will be provided in accordance with existing City ordinances and policies. Upon
connection to existing distribution mains, water service will be provided at rates
established by city ordinance.
As new development occurs within these areas, water distribution mains will be
extended in accordance with Denton's Codes, ordinances and utility service
policies. City participation in the costs of these extensions shall be in accordance
with Denton's codes and ordinances. Water service capacity shall be provided
consistent with the characteristics of topography, land use and population density
of the area.
Operation and maintenance of water facilities in the annexed area that are within
the service area of another water utility will be the responsibility of that utility.
Existing developments, businesses or homes that are on individual water wells or
private water systems will be allowed to continue to remain on these systems until
a request for water service is made to the City. These requests for service will be
handled in accordance with the applicable utility service line extension and
connection policies currently in place at the time the request for service is
received.
G. Roads and Streets
Emergency street maintenance shall be provided within the annexation areas on
the effective date of the applicable ordinance of acceptance. Routine maintenance
will be provided within the annexation areas and will be scheduled as part of the
City's annual program and in accordance with the current policies and procedures
defined by the ordinance and/or as established by the City Council.
Any construction or reconstruction will be considered within the annexation areas
on a City wide basis and within the context of the City's CEP and/or yearly fiscal
budgetary allotments by the City Council.
Roadway signage and associated posts will be replaced in priority of importance
starting with regulatory signs, then warning signs, then informational signs and in
conformance with fiscal allotments by the City Council. If a sign remains, it will
be reviewed and placed on the City's inventory listing for routine replacement.
All exiting signs Will be reviewed for applicability and based upon an engineering
study. New signs will be installed when necessary and based upon an engineering
study.
Routine maintenance of road/street- markings will be placed on a priority listing
and scheduled within the -yearly budgetary allotments by the City Council.
H. Parks, Playgrounds, Swimming Pools
4
S
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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