2010-130 A
sAour documents\ordinances110\dh-13.doc
ORDINANCE NO. 2010-130
AN ORDINANCE ANNEXING AN AREA OF LAND TO THE CITY OF DENTON, TEXAS,
GENERALLY IDENTIFIED AS DH-13 OF APPROXIMATELY 16 ACRES LOCATED ON
THE WEST SIDE OF THE INTERSECTION OF NORTH LOCUST STREET AND BOBCAT
ROAD, SOUTH OF CHAPARRAL ROAD, 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; 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-13 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; 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, no properties within DH-13 have been appraised for ad valorem tax
purposes as land for agricultural, wildlife management or timberland; and
WHEREAS, the City desires to affirm that structures, uses and facilities pre-existing in
annexed areas annexed under this Ordinance 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, 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; NOW,
THEREFORE,
sAour documents\ordinances\10\dh-13.doc
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-13, 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) 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 "C" 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.
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.
AND IT IS SO ORDERED.
Passed by-the City Council on Isdt reading this day of 12010.
Passed by the,City Council on 2 reading this day of , 2010.
MAyRK A. tBURRAOUGHS R
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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BY:
APPRO D AS O LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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BY: f
Page 2
EXHIBIT A
EXHIBIT "A"
Annexation Tract DH13
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 1974-36 (Tract III), and Ordinance 2007-77 (Tract 1); and being
more specifically described as follows:
DH-13
Tract 1
BEGINNING. at a point on the line of the property described in Ordinance 74-36 (Tract
III) and the intersection of a line described in Ordinance 2007-007;
THENCE North 89° 06' 18" West, 1294.18 feet to a point for a corner;
THENCE North 00° 49' 51" West, 559.86 feet to a point for a corner;
THENCE South 89° 00' 42" East, 1189.82 feet to a point for a comer;
THENCE South 00° 50' 41" East, 199.76 feet to a point for a corner;
THENCE South 89° 02' 57" East, 104.32 feet to a point for a corner;
THENCE South to the Point of Beginning
Tract 2
BEGINNING at a point described in Ordinance 2007-007, said point being the northeast
corner of said property;
THENCE easterly 50 feet to the west line of the property described in Ordinance 94-121;
THENCE north to a point described in Ordinance 2008-137, said point being the
southeast corner of the property described in the said ordinance;
THENCE westerly to the Point of Beginning
EXHIBIT B
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EXHIBIT C
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.
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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 CIP and/or yearly fiscal
budgetary allotments by the City Council.
Roadway signage and associated posts will be replaced in priority of importance
starting with regulatory signs, then warning signs, then informational signs and in
conformance with fiscal allotments by the City Council. If a sign remains, it will
be reviewed and placed on the City's inventory listing for routine replacement.
All exiting signs will be reviewed for applicability and based upon an engineering
study. New signs-will be installed when necessary and based upon an engineering
study.
Routine. maintenance of road/street markings will be placed on a priority listing
and scheduled within the yearly budgetary'allotments by the City Council.
H. Parks, Playgrounds, Swimming Pools
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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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