2010-129
sAour documents\ordinances\10\dh-I 1 annexing parcel. doc
ORDINANCE NO. 2010-129
AN ORDINANCE ANNEXING AN AREA OF LAND TO THE CITY OF DENTON, TEXAS,
GENERALLY IDENTIFIED AS DH-11 OF APPROXIMATELY 388 ACRES (LESS THOSE
PARCELS IDENTIFIED IN EXHIBIT "C") LOCATED SOUTHEAST OF THE
INTERSECTION OF MAYHILL ROAD AND MCKINNEY STREET, 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-11 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-11 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-11 annerina parcel.doc
WHEREAS, the City Council, by prior action, has approved certain non-annexation
agreements executed by eligible property owners within DH-11; 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-11 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-11; 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-11, 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-11 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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s:\our documents\ordinances\10\dh-11 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-11.
AND IT IS SO ORDERED.
Passed by the City Council on 1st reading this 7 day of , 2010. _~Ak' Passed by the City Council on 2nd reading this day of , 2010.
MARK A.rBURROIOGHS, AYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: HED APPRO TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: z
r
Page 3
EXHIBIT A.
EXHIBIT "A"
Annexation Tract DH11
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 1965-43 (Tract I), Ordinance 1973-8 , Ordinance 1981-94, Ordinance
1983-18, Ordinance 1983-19, Ordinance 1983-134, Ordinance 1986-13, and Ordinance
1986-129; and being more specifically described as follows:
DH-11
BEGINNING at appoint at the intersection of the properties described by Ordinance 65-
43, Tract I and Ordinance 83-134, said point being the southwest corner of the property
described in Ordinance 83-134;
THENCE southwesterly along the south line of the property described in Ordinance 83-
134 to a point intersecting the west line of the property described in Ordinance 86-13;
THENCE South 1 ° 11' 58" East, 78.75 feet to a point for a corner;
THENCE South 0° 14' 47" East, 321.99 feet to a point for a corner;
THENCE South 1 ° 00' 54" West, 692.37 feet to a point for a corner;
THENCE South 88° 07' 49" East, 158.15 feet to a point for a corner;
THENCE South 1 ° 00' 46" East, 798.58 feet to a point for a corner;
THENCE South 89° 30' 13" East, 812.67 feet to a point for a corner;
THENCE North 1° 00' 46" West, 798.58 to a point for a corner;
THENCE North 0° 10' 40" East to a point for a corner, said corner being on the south
line of the property described in Ordinance 83-134;
THENCE southeasterly along the south line of the property described in Ordinance 83-
134 to a point, said point being the southeast corner of the said property and intersecting
with the property described in Ordinance 86-129;
THENCE southeasterly along the south line of the property described in Ordinance 86-
129, approximately 1790.55 feet to a point for a corner;
THENCE southerly along the west line of the property described in Ordinance 86-129 to
an intersection with the property described in Ordinance 83-18;
THENCE westerly along the center line of Pecan Creek, approximately 535.62 feet, as
described in Ordinance 83-18, to a point in the center of Pecan Creek, said point being
the southeast corner of the property described in Ordinance 81-094;
THENCE along the center line of Pecan Creek, approximately 2317 feet, as described in
Ordinance 81-094 to a point for a corner, said point being the southernmost point of the
property described in Ordinance 83-19;
THENCE along the center line of Pecan Creek, approximately 3454.72 feet, as described
in Ordinance 83-19 to a point for a corner;
THENCE South 65° 45' 12" East, 96.30 feet, to a point of intersection with the property
described in Ordinance 81-94;
THENCE North 65° 45' 12" West, 289.86 feet to a point for a corner;
THENCE along the center line of Pecan Creek, approximately 2232.33 feet as described
in Ordinance 81-94 to a point for a corner;
THENCE North 88° 12' West, 31.80 feet to a point for a corner;
THENCE South 3° 51' 32" West, 160 feet to appoint for a corner;
THENCE North 86° 43' 28" West, 1450 feet to a point for a corner, said point being on
the east right-of-way of Mayhill Road;
THENCE northerly along the east right-of-way line of Mayhill Road as described in
Ordinance 73-08 to a point, said point being the southeast corner of the property
described in Ordinance 65-43, Tract I;
THENCE northerly along the east side of Mayhill Road as described in Ordinance 65-43,
Tract I to the Point of Beginning.
EXHIBIT B
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EXHIBIT C
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DH 11- Exhibit "C"
1. Being all of a 11.387 acre tract of land, more or less, and that portion lying outside the
city limits, of a 6.392 acre tract, more or less, situated in the Moreau Forest Survey,
Abstract No. 417, Denton County, Texas, and being more fully described in Tract 1 and
Tract II, respectively, of that certain Special Warranty Deed dated June 11, 2007 from
Deutsche Bank National Trust Company as Trustee for Long Beach Mortgage Loan Trust
2005-3, by Washington Mutual Bank as attorney-in-fact to C.J. Hughes, filed for record
on July 9, 2007 and recorded in Instrument Number 2007-80862 of the Real Property
Records of Denton County, Texas. Said 11.387 acre tract of land, and that portion lying
outside the city limits, of the 6.392 acre tract of land, is commonly known as DCAD
Property ID 3 7312.
2. Being that portion lying outside the city limits, of a 15.473 acres of land, more or less,
situated in the. Moreau Forest Survey, Abstract No. 417, Denton County, Texas, and
being more fully described in that certain General Warranty Deed dated March 28, 2008
from Sukhminder Singh Maan and Jasvir Maan, husband and wife to Jeannene Hughes,
filed for record on April 7, 2008 and recorded in Instrument Number 2008-36342 of the
Real Property Records of Denton County, Texas. Said portion lying outside the city
limits, of a 15.473 acres of land, more or less, is commonly known as DCAD Property ID
273021.
3. Being a called 5.76 acre tract of land, and being that portion lying outside the city limits,
of a 6.726 acre tract of land, more or less, situated in the Moreau Forest Survey, Abstract
No. 417, Denton County, Texas, and being more fully described in that certain Special
Warranty Deed dated April 30, 1999 from Lourdes Del Carmen Rodriguez to Ediberto
Alfredo Rodriguez, filed for record on May 5, 1999 and recorded in Volume 4332, Page
2735 of the Real Property Records of Denton County, Texas. Said called 5.76 acre tract
of land, is commonly known as DCAD Property ID 37314.
4. Being a called 3.76 acre tract of land, situated in the M. Forrest Survey, Abstract No. 417,
and a called 45.364 acre tract of land, situated in the Gideon Walker Survey, Abstract No.
1330, Denton County, Texas, and being that portion lying outside the city limits, of a
57.894 acre tract of land, more or less, described in that certain Correction Warranty
Deed dated April 18, 2000 from Ann C. Stark and James E. Callahan to Robert W.
Callahan, filed for record on August 18, 2000 and recorded in Volume 4578, Page 1142
of the Real Property Records of Denton County, Texas. Said 3.76 acre tract of land,
more or less, and 45.364 acre tract of land, more or less, are commonly known as DCAD
Property ID 161505 and DCAD Property ID 38416, respectively.
EXHIBIT D.,
CITY OF DENTON SERVICE PLAN
- 2010 Annexation
1. AREA ANNEXED
The areas to be annexed include approximately 7,480 acres of land contained in fifteen (15)
areas. Four (4) of the 15 areas are primarily located within the northwestern quadrant of the City
of Denton's Extraterritorial Jurisdiction (ETJ), Division 1 and are identified as PAA1, PAA2
South, PAA3 and PAA4. These areas include approximately 5273 acres of land. The remaining
eleven (11) areas are unincorporated ETJ pockets and are located within the body of the City of
Denton's corporate limits and are identified as DH-1, DH-2, DH-3, DH-4, DH-5, DH-6, DH-8,
DH-10, DH-11, DH-13 and DH-14. These areas include approximately 2207 acres of land. The
proposed annexation contains multiple owners in 15 distinct areas, as shown on the attached
location map. A general description of each area is also attached.
II. INTRODUCTION
This service plan has been prepared in accordance with the Texas Local Government Code,
Sections 43.021; 43.065; and 43.056(b)-(o) (Vernon 2008, as amended). Municipal facilities and
services to the annexed areas described above will be provided or made available on behalf of
the City of Denton in accordance with the following plan. The City of Denton shall provide the
annexed tract the levels of service, infrastructure, and infrastructure maintenance that are
comparable to the levels of service, infrastructure, and infrastructure maintenance available in
other parts of the City of Denton with similar topography, land use, and population density.
III. AD VALOREM (PROPERTY OWNER) TAX SERVICES
A. Police Protection
Police protection from the City of Denton Police Department shall be provided to
the areas annexed at a level consistent with current methods and procedures
presently provided to similar areas on the effective date of the ordinance.. Some
of these services include:
1. Normal patrols and responses;
2. Handling of complaints and incident reports;
3. Special units, such as traffic enforcement, investigations and special
weapons; and
4. Coordination with other public safety support agencies.
As development commences in these areas, sufficient police protection, including
personnel and equipment will be provided to furnish these areas with the level of
police services consistent with the characteristics of topography, -land utilization
and population density of the areas.
Upon ultimate development, police protection will be provided at - a ' level
consistent with other similarly situated areas within the city limits.
1
B. - Fire Protection -
The Denton Fire Department (DFD) will. provide emergency and fire prevention
services to the annexation areas. These services include:
1. Fire suppression and rescue;
2. Pre-hospital medical services including triage, treatment and transport
by Advanced Life Support (ALS) fire engines, trucks and ambulances;
3. Hazardous materials response and mitigation;
4. Emergency prevention and public education efforts;
5. Technical rescue response; and
6. Construction Plan Review and required inspections.
Fire protection from the City of Denton shall be provided to the areas annexed at
a level consistent with current methods and procedures presently provided to
similar areas of the City of Denton on the effective date of the ordinance.
As development commences in these areas, sufficient fire protection, including
personnel and equipment will be provided to furnish these areas with the level of
services consistent with the characteristics of topography, land utilization and
population density of the areas. It is anticipated that fire stations planned to serve
areas currently within the City of Denton will be sufficient to serve areas now
being considered for annexation.
Upon ultimate development, fire protection will be provided at a level consistent
with other similarly situated areas within the city limits.
C. Emergency Medical Service
The Denton Fire Department (DFD) will provide the following emergency and
safety services to the annexation areas. These services include:
1. Emergency medical dispatch and pre-arrival First Aid instructions;
2. Pre-hospital emergency Advanced Life Support (ALS) response; and
transport;
3. Medical rescue services.
Emergency Medical Services (EMS)'from the City of Denton shall be provided to
the areas annexed at a level consistent with current methods and procedures
presently provided-to similar areas of the City of Denton on the effective date. of
the ordinance:
As development commences in these areas; sufficient EMS, including personnel
and equipment will be provided to furnish these areas with the level of services
consistent with the characteristics of topography, land utilization and population
density of the areas.
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
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.
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 ptiority" listing.
and scheduled within the yearly budgetary allotments by the City Council.
,H. Parks, Playgrounds, Swimming Pools
4
.1 .a
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.
I 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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