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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. Page 2 sAour documents\ord1nances\IWh-5.annexina 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-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 Page 3 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 377 - ' t 44. F-I 1 M; IH \ 0 is Ii: i l i l UV Ryan Rd. i : 7 v! 3 ~ i ~ _ ~1 ' 7 t I~ ~ t t E I; _ I fir' i ~ • i tY i j i \ I i i v I .r~ I i - E- ' Brush Creek Rd. Q Ile K\ 1 1 i V, I IrIIIIIKHMS . City of Denton, Texas DH 5 - 310 Acres W E S Feet 0 400 800 1,600 2,400 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 Page 1 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. Page 2 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. 5