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2011-135sAlegal\our documents\ordinances\l 1\dh-7 service plan adoption ordinance.doc ORDINANCE NO. 2011-135 AN ORDINANCE ADOPTING A SERVICE PLAN FOR AN AREA OF LAND TO BE ANNEXED TO THE CITY OF DENTON, TEXAS, PURSUANT TO AN ANNEXATION PLAN, GENERALLY IDENTIFIED AS DH-7 CONSISTING OF APPROXIMATELY 143 ACRES LOCATED ON THE EAST AND NORTH SIDES OF TEASLEY LANE, SOUTH OF TEASLEY HARBOR SUBDIVISION AND WEST OF SOUTHLAKE DRIVE, AND MORE SPECIFICALLY IDENTIFIED AND DEPICTED IN EXHIBIT "A" ATTACHED HERETO, WHICH AREA IS ADJACENT TO AND ABUTS THE EXISTING CITY LIMITS OF THE CITY OF DENTON, TEXAS; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Section 43.052, Subchapter C, Texas Local Government Code, a home rule city is authorized to annex certain areas within its annexation plan; and WHEREAS, Section 43.0560), Subchapter C, Texas Local Government Code requires that a preliminary service plan be prepared for the provision of full municipal services to the area proposed to be annexed, be made available for public inspection and be explained to the inhabitants of the area to be annexed at public hearings; and WHEREAS, the City of Denton's preliminary service plan was prepared, made available for public inspection and explained to the inhabitants of the area to be annexed at public hearings; and WHEREAS, Section 43.0562, Subchapter C, Texas Local Government Code requires the City to negotiate the proposed provision of services contained in the preliminary service plan with a committee of five representatives appointed by the Denton County Commissioners Court; and WHEREAS, said negotiations were held between the City and the County-appointed committee; and WHEREAS, said negotiations resulted in minor modifications to the preliminary service plan, which amended service plan is attached hereto as Exhibit "A"; and WHEREAS, the City Council of the City of Denton finds that the amended preliminary service plan is in the best interests of the health, safety and general welfare of the citizens of the City of Denton, Texas and of the citizens of DH-7; 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 City Council finds that the amended preliminary service plan attached hereto as Exhibit "A" is complete and adopts it as its official service plan for DH-7 pursuant to Sections 43.056(a) and (lc), Subchapter C, Texas Local Government Code. s:\legahour documentslordinances\11\dh-7 service plan adoption ordinance.docs:\legal\our documents\ordinances\l l\dh-7 service plan adoption ordinance.doc SECTION 3. 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 4. This Ordinance shall be become effective upon final passage by the City Council. PASSED AND APPROVED this the day of , 2011. c4t RK A. BU UG MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY i BY: ILA"( Page 2 EXHIBIT A CITY OF DENTON SERVICE PLAN DII-7 I. AREA ANNEXED The area to be annexed encompasses approximately 143 acres and is bounded on the north, west and south by current city limits. It is located on the east and north sides of Teasley Lane, south of Teasley Harbor Subdivision and west of Southlake Drive. The area is an unincorporated pocket located within City of Denton's Extraterritorial Jurisdiction (ETJ), Division 1, and is identified as DH-7. The proposed annexation contains multiple owners. A general description of the area is 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 ROPERTY 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. 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. Emeraencv 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. Upon ultimate development, EMS will be provided at a level consistent with other similarly situated areas within the city limits. D. 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 2 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. E. Parks Pla rounds Swimming Pools 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. F. 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. G. 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. IV. ENTERPRISE ACTIVITY (UTILITY CUSTOMER) SERVICES A. Solid Waste Except as provided in Section V.A. 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. B. Wastewater Facilities Except as provided in Section V.B. 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 casement, 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. C. Water Facilities Except as provided in Section V.B, The proposed 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). 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. V. ADDITIONAL SERVICES DH- 7 - Pending City Council ratification, the City offers the following additional items; A. Solid Waste Service At Yes Properties' election, it may maintain the services at 9100 Teasley Lane, Denton, Texas, 76210, of its current private solid waste provider for a term not to exceed five years from the date negotiation for services began on July 12, 2011, This will allow Yes, if desired, to maintain its existing solid waste contract through July 12, 2016. If requested, the City will provide solid waste service to Yes properties at any date following the date of annexation. B. Private Water and Wastewater Tap Upon request, the City agrees to provide one water and wastewater tap and to pay the associated impact fees based on one 518 inch by 3/4 inch water meter and a 4-inch wastewater service line for one residential single family home at 5353 Teasley, Denton, Texas, 76210, which currently is owned by Mr. Blankemeyer, for a period not to exceed seven years from the date of the annexation. C. Non-Annexation Agreements The City is offering Non-Annexation Agreements to eligible property owners in DH-7 for a term of seven years. Eligible property owners are those individuals who currently receive an agricultural property tax exemption on their property. From the effective date of the annexation, currently projected as May, 2013, the seven year Non-Annexation Agreement will extend the time period for non- annexation to 2020. Specific terms and conditions will be provided in individual Non-Annexation Agreements. VI. 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. VII. 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. 5 VIII, 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. City Representatives Agree Disagree X-2-( I I-rj o Date Date County Representatives Agree Disagree Oscar Blankemeyer Date Aimee Kh rling ate rk an Date Charlie Parker Kevin Vance ~-7-'I Date Date 6 -h~cv~ P.S. Arora EXHIBIT 1 Proposed Annexation Area DH-7 DH-7 encompasses approximately 143 acres and is bounded on the north, west and south by current city limits. It is located on the east and north sides of Teasley Lane, south of Teasley Harbor Subdivision and west of Southlake Drive. This area is outlined in yellow on the aerial map below. r ~4T , . DH7 <z ~ t{IGK9RY CR ~ { t j ~L- OCEA NDF. ''fir f ~'«M," PI~Kr~tiT;o'Lr - k • iFA' , ~r "r"~?PPPPp ~i 'W ►I ild~`t~~il~ !P ~?r~E'Pi►A S ~ A t'~. EJ t s iaa4.~,a, Fn?i y t l A -&i 61 y'. w -----d2, t rw ~ r~ .