2011-137sAlegahour documents\ordinances\l 1\dh-12 service plan adoption ordinance.doc
ORDINANCE NO. 2011-137
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-12 CONSISTING OF APPROXIMATELY 1,167
ACRES LOCATED SOUTH OF EAST UNIVERSITY DRIVE, EAST OF NORTH MAYHILL
ROAD, NORTH AND SOUTH OF BLAGG ROAD, NORTH AND SOUTH OF MILLS ROAD
AND EAST AND WEST OF SOUTH TRINITY ROAD, 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 did not result in any modifications to the preliminary
service plan attached hereto as Exhibit "A"; and
WHEREAS, the City Council of the City of Denton finds that the 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-12; 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 preliminary service plan attached hereto as
Exhibit "A" is complete and adopts it as its official service plan for DH-12 pursuant to Sections
43.056(a) and (k), Subchapter C, Texas Local Government Code.
s:\legal\our documentslordinances\1l\dh-12 service plan adoption ordinance. docs:\legal\our documents\ordinances\l l\dh-12 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. /A
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PASSED AND APPROVED this the ~~D`- day of law~dl '2011.
M tRK A. UG; ' S, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
i ! f
BY:
Page 2
EXHIBIT A
CITY OF DENTON SERVICE PLAN
DH-12
Original Offer
I. AREA ANNEXED
The area to be annexed encompasses approximately 1,154 acres of land and is bounded by
current city limits on all sides; north, south, east and west. It is located south of E. University
Drive, east of N. Mayhill Road, north and south of Blagg Road, north and south of Mills Road,
and east and west of S. Trinity Road. The area is an unincorporated pocket located within City
of Denton's Extraterritorial Jurisdiction (ETJ), Division 1, and is identified as DH-12. 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 (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.
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. 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.
E. Parks, Playgrounds, 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
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
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.
C. Water Facilities
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. 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.
VI. 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.
VII. 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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