2011-093sAlegallour documentslordinances1111a11-0001 ordinance.doc
ORDINANCE NO. 2011-093
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING APPROXIMATELY
1.148 ACRES OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON,
TEXAS, LOCATED WITHIN THE CITY'S EXTRATERRITORIAL JURISDICTION (ETJ), IN
ACCORDANCE WITH CHAPTER 43 OF THE TEXAS LOCAL GOVERNMENT CODE, SAID
LAND BEING GENERALLY LOCATED ON THE WEST SIDE OF COUNTRY CLUB ROAD,
JUST NORTH OF THE EDUCATION CENTER AT DENTON, BETWEEN RYAN ROAD TO
THE NORTH AND BRUSH CREEK ROAD TO THE SOUTH; PROVIDING FOR INCLUSION
OF A SERVICE PLAN IN THIS ORDINANCE FOR THE ANNEXED PROPERTY;
PROVIDING FOR A CORRECTION OF THE CITY MAP TO INCLUDE THIS ANNEXED
AREA; AND PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00
FOR VIOLATIONS THEREOF, SEVERABILITY AND AN EFFECTIVE DATE (A11-0001).
WHEREAS, on May 4, 2010, the City Council approved a non-annexation development
agreement for property located within an area containing the subject 1.148 acres; and
WHEREAS, the subject 1.148 acres (the "Property") was subsequently developed with a
parking lot extension for an existing charter school located directly south of the subject property,
which constituted a breach of the development agreement/Non-Annexation Agreement; and
WHEREAS, in negotiation with the Owner of the Property, the City has elected to pursue
voluntary annexation of only the 1.148 acre Property, rather than the entirety of all land subject to
the prior non-annexation agreement, pursuant to Texas Local Government Code, Subchapter C-1, or
other such provisions governing voluntary annexation, and not subject to the requirements and
procedures for an annexation plan, as required by Texas Local Government Code, Section 43.052;
and
WHEREAS, on March 23, 2011, the Planning and Zoning Commission recommended
approval of the petition for annexation; and
WHEREAS, public hearings were held in the Council Chambers on April 5, 2011 and April
19, 2011, (both days being on or after the 40th day, but before the 20th day before the date of the
institution of proceedings) to allow all interested parties to state their views and present evidence
bearing upon the annexation; and
WHEREAS, annexation proceedings were instituted for the Property described herein by the
introduction of this ordinance at a meeting of the City Council on May 10, 2011 and June 7, 2011;
and
WHEREAS, the ordinance has been published in full one time in the official newspaper of
the City of Denton after annexation proceedings were instituted and 30 days prior to City Council
taking final action, as required by City Charter; and
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WHEREAS, the City Council finds that the annexation will allow the city to ensure
development consistent with The Denton Plan; NOW THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The 1.148 acre tract of land described in Exhibit "A", attached hereto and
incorporated by reference, is annexed to the City of Denton, Texas.
SECTION 2. The service plan attached as Exhibit "B", and incorporated by reference,
which provides for the extension of municipal services to the annexed property, is approved as part
of this ordinance. The service plan was made available for public inspection and explained at the
above described public hearings.
SECTION 3. 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 any expansion
to the Extraterritorial Jurisdiction resulting from such boundary extensions
SECTION 4. 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 5. This Ordinance shall become effective upon final passage by the City
Council.
AND IT IS SO ORDERED
Passed by the City Council on 1St Reading this m day of '20t 1.
r~dt
Passed by the City Council on 2nd Reading this day of , 2011.
MARI A. BURROU AYOR
s:\legal\our documents\ordinances111\al1-0001 ordinance.doc
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY; KIP ml-
sAlegal\our documents ordinances\11\a11-0001 ordinance.doc
EXHIBIT A
LEGAL DESCRIPTION
1,1 8 Acres of Lm
FIELD N f S to atl that certain. tract of land situated in the I- WLthcts Swwey AlnLraa Nulriber 1343.
1)eantoo C-maty, Texas and being part of the called 255 acre Direr tract 6ascribcd in the deed from Ilan B.
IvIc luArm a id t® V. D..HUt?ch mwrdcd in Volu:trte. 39, P'agc 1:91 of IM I and Rceo.rds L3C Benton Cunty,
Texas; die subject tract bring t note. particnlaxty ribed as f~ Aloww
BE{a1NNIN(3 for the Southensi corm of the tract being desraibed hemin at the oTthmm. rurucr of the
calJrd 5.165 acr-r tract dicscribed in the deed from M. C- Burch. et arx to Richard Lee. butra:h roe ordod in
Volume 1873, Pgige 134 of the: Reut Property Rtc-unis of Denton County, Tw.xais, the mid comer I'seing
oath 89 Zk%rfts 1 l M!mutas 13 Seconds, Last a distance of 0.5 feet frurn at U2 inch it+un root foorld a1w
ul being on the West right-of-way line of la. M, 1830 and in the Corporate Limits ckf 1w tr it y of'Dentoo as
described in Antzxation Orcluaunze Number 200 t-fie
THENCE Suuith 89 [grew 11 Mi ntrteS 13 ut ds West tit g the City of Demwn Carparalc Uniit.9 with
the North lone of the mid 5, t65 tur Lracl a distance of 5jKIfi0 f em lad a 60F) tnei:l found at the Northwest
corner thereof a ad. a. sattient conter of ltte City of Denton Morale Lifuils~
'TT EhtCF.. North 00 Degteas 49 X4iautea 4 ~ 5oeonI is W t dtnl5"ng lye C L Ly at Dcnnton C;aTpomte Limits
across the said 255 acro Fir Iraet a distance of 100.00 foot to a tree inch stns thnrcecomer hoot for thu
Northwest ecKmer. Of die h era int described tram;
TRENC North -SO Ucgrees 11 Minulas 13 Se=ds Lost awross the 255 ac;m rirst lraa;l, 100 t'~-et Nor -ptf
anal era let with the Nanh line Of the 5.1X65 acre Tract, a distanEc of 500.05 fee t to ar d a h h iron rod with
e ykellow plastic care stamped "COLEMAN RPLS. 4 W I" set an the West nght-off-way lino of F. M. 1830,
THENCE South 00 Drees, 47 Minutes 09 Sevands Fast with, the Lost tunr; of the 235 acr& Fu-A Tract and.
dw Wcot right-cal-way line of F. fit.. 1930 a distarior of 100.00 kept to M I'l,ACE' t`1]- UL.OIiNN 1"10 and
riclosing. 1.14$ acres of land-
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EXHIBIT B
SERVICE PLAN
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CITY OF DENTON SERNgCEE PIL4N
Btu-& Property Annexation
All-0001
I. AREA NEYED
The area to be annexed encompasses approximately L145 acres and is bounded on the: south and
east by current city lituits. It is located on the west side of Country Club Road, behareen Ryas
Road and Brush Creel: Road. The area is located within the City of Denton's Extraterritorial
Jurisdiction (ETT). Division 1. The proposed annexation includes one owner- A general
description of the area is attached.
IL INTRODUCTION
This service plan has been prepared in accardance with the Texas Local Government !code,
Section 43.056(b)-(o) (Vernon 2008, as amended). Municipal facilities and services to the
annexed areas described above %inll 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 set-vice, infrastructure, and infrastructure ntai:.ntenanc.e that are comparable to
the le-vels of service, inft-astructure, and infrastructtue maintenance available in other parts of the
City of Denton, with similar topography, land use, and population density.
III. AD V 4LORFAI ROPERIY UWNEE) TAB SERVICES
A. Police Protection
Police protection from the City of Denton Police Department shall be provided to
the area weed at a level consistent with current methods and procedures
presently provided to siu ilar areas on the effective date of the ordinance. Some
of these services include:
1. Normal patrols and responses,
2. Handling of complaint, and incident repasts;
3_ Special units, such as traffic enforcemerd, mvestigations and special
weapons; and
4_ Coordination tsath other public safety support agencies.
As development corrimences in the area, 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, laird utiliz ition
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 Menton Fine Department (DFD) will provide emergency and fire prevention
services to the annexation area- These services include:
1. Fire suppression and rescue,
2. h-e-hospital medical services inchxling triage, treatment and transport
by Advanced Life Support (ALS) fire engines, tracks and ambulances;
3. Hazardom materials response: and mitigaticn;
4. Emergency prevention and public edhzcation efforts;
5. Technical rescue response; and
b_ Conswiction Plan 11_ewiew and required impections,.
Fire protection from the City of Denton :shall be provided to, the area. annexed at a
level consistent with ciuTent methods and procedures presently provided to
similar areas of the City of Denton on the effective date of the ordinance.
As development commences in the area, sufficient fue protection, includimg
personnel and egWpnrent will be provided to frumsh the area with the level of
services consistent with the characteristics of topography, land utilization and
population density ofthe area. It is anticipated) that fire stations planned to serve
areas cm-rently within the City of Denton will be sufficient to serve the area being
considered for annexation.
Upon idtiniate development, fire protection will be provided at a level consistent
with other similarly situated areas within the city limits.
C, E.tnergenc - A edl cal Service
The Denton Fire: Department (DFD) will provide the following, emergency and
safety services to the annexation area. There services inchule-:
1. Emergency medical dispatch and pre-arrival First Aid in, ictiou ;
2. Pre-hospital emergency Advanced Fife Support (ALS) response; and
transport;
3. Medical rescue services.
Emergency Medical Services (FIvf.5) fi-om the City of Denton shall be provided to
the area annexed at a. level consistent with ciu ent nxthods and procedures
presently provided to similar areas of the City of Denton on the effective date of
the ordinance.
As developnv mt commences in the area, sidfrcient EMS, including personnel and
equipment will be provided to frunish the area with the level of services
consistent with the characteristics of topography, land utilization and population
6emity of the areas.
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Upon ultimate development, EMS will be provided at a level consistent'arith other
similarly situated areas within the city limits.
D, Solid Waste
Solid Waste and RecNTling Collection Services will be provided to the nearly
annexed property immediately upon the effective date of the annexaatio at a level
consistent with current methods and procedures piezently provided to similar
areas within the city. Private solid waste collection service prodder; operating in
the affected area immediately prior to anuexatLon and currently providing
cnstorers with service may continue to provide their existing service for up to 2
years in accordance with Texas. Local Golrernment Code.
E. Wasten-ater Facilities
The proposed annexation area is within the City of Denton Sewer Senrice Area as
defined by Certificate of Comenience and Necessity (CCN) Nimiber 20072 as
isnted by the Texas Commission on Environmental Quality (TCEQ).
As dev elopment commences in the area, samitary sewer rains will be extended in
accordance with the provisions of the City's codes, ordinances and reeulatkms.
City participation in the costs of these extensions shall be in accordance with
applicable City ordinances and regulations- Capacity shalt be provided consistent
viath the characteristics of topography, land utilization, and population density of
the areas.
Sanitary sewer mains and lift stations installed or ix~ved to City standards
within the annexed area which we 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 area that are
within the senrice area of another water utility v,-ill be the responsibility of that
utility. Operation and raintenance of private wastewater facilities in the, annexed
area will be the responsibility of the owner.
F. Water Facilities
The propased annexation area is vvithin the City of Denton Water Service Area as
defined by Certific ate of Comrenience and Necessity (C.'CN) N ruler 10,195 as
issued by the Texas Commission on Environmental Quality (TC.'EQ)_
Connectio s to existing City of Denton aster- distribution maims far water service
urill be provided in accordance ;vrith existing City ordinances and policies- Upon
connection to existing distribution mains, water service will be provided at rates
es~tablishedby city ordinance-
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As new development occur=s %N thin the area, water distribution nnulim will . be
extended in accordance urith Denton's Codes, ordinances and ttilitlr service
policies. City participation in the costs of these extensions shall be in accordance
with Denton's codes and ordinances. Water et-vice capacity shall be provided
consistent with the characteristics of topography, land use and population density
of the area.
Operation and maintenance of crater facilities in the annexed. area that are within
the F.emice 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 ruade to the City. These requests for service will be
handled in accordance with the applicable utility service lime 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 pro-vided within the annexation area on the
effective date of the applicable crdinance of acceptance. Routine maintenance
will be provided within the annexation area 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 establ shed by the. City Council-
Any comtruction or reconstruction will be considered within the annexation area
on a City wide basis and within the context of the City's CIP au&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 wm mg signs, then mforunational signs and in
confomnance with fiscal allotments by the City C.otutcil. If a sign remains, it will
be. revie,.gyred and placed on the City's inventory lasting for routine replacement.
All exiting signs will be reviewed far applicability and based upon an engineering
study. New signs will be installed when necessary and based upon an engineering
study.
Routine maintenance of naadtstreet markings will be placed on a priority listing
and scheduled within the yearly budgetary allotments by the City Council.
H, Parks, Plai gioun,ds. v;i~g Pools
Residents within the area annexed may utilize all existing pad and recreation
facilities, on the effective date of this orduinance. pees for such usage shall be in
accordance with current fees established by ordinance-
development commences in the area, additioatal hark and recreation facilities
shall be constructed based on park- policies defined in the Park Master Plan and as
specified in the Park Dedication and Developauent Ordinance. The general
4
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planned location;; and classifrcatiom. of park-- will ultimately serve residents from
the crarent City limits and residents fi-r areas being considered for• annexation.
I. Frrbl cl;• Owned Fac fides
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 Seri ices
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 senices, infiastructilre, and
infiastructure maintenance that is comparable to the level of services,
infiastructu e, and irrfrastructu a mainteruance 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.
M. U OKNI LEVEL OF SERA ICES F5 NOT REQT1RED
Nothing in this plan shall require the City of Denton to provide a imiforrn level of full nntnicipal
services to the annexed area, if different characteristics of topography, hand use, and population
density are con6dered a sufficient basis for providing different levels of service.
I'6', TERM
This service plan shall be valid for a tern of ten (10) years. Renewal of the service: plan .,halt be
at the discretion of City Council.
V, AI4MND-NMEE TS
The set-vice 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
Cowicil may amend the service plan to conform to the changed conditions or subseg >ent
occrurences piumuant to Texas Local Government Code, Section 43.056.
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EXIHMIT 1
Proposed Acne-xndou A en.
All-C.11"101
6