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2011-136sAlegahour documents\ordinances111\dh-9 service plan adoption ordinance.doc ORDINANCE NO. 2011-136 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-9 CONSISTING OF APPROXIMATELY 298 ACRES LOCATED NORTH OF POCKRUS PAGE ROAD, AND NORTH, SOUTH AND NORTHEAST OF EDWARDS 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 resulted in 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 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-9; 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-9 pursuant to Sections 43.056(a) and (k), Subchapter C, Texas Local Government Code. sAlegal\our documents\ordinances\l 1\dh-9 service plan adoption ordinance.docsAlegakour documents\ordinances\1 l\dh-9 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 -16E day of , 2011. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: W APPROVED S TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: Page 2 EXHIBIT A CITY OF DENTON SERVICE PLAN DII-9 Final - August 16, 2011 1. AREA ANNEXED The area to be annexed encompasses approximately 298 acres of land and is bounded by current city limits on all sides; north, south, east and west. It is located north of Pockrus Page Road, north, south and northeast of Edwards Road. The area is an unincorporated pocket located within City of Denton's Extraterritorial Jurisdiction (ETJ), Division 1, and is identified as DH-9. 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. 3 G. Other Services Except as provided in Section V. 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 Except as provided in Section V. 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. 4 C. Water Facilities Except as provided in Section V. 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 A. Non -Annexation Agreements - The City has agreed to offer Non-Annexation Agreements to eligible property owners in DH-9 for a term to last 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. B. Pedestrian Path - Pending the receipt of right-of-way or a pedestrian access easement, the City agrees to construct a pedestrian path on the east side of Swisher from Edwards Road south to the Pecan Creek Elementary School. In designing the pathway, the City shall seek to utilize the most reasonable alignment to provide safe access to the school along Swisher and to minimize the impact on existing trees. 5 C. Traffic Calming Devices - The City is agreeing to install traffic calming devices along the frontage of school property on Swisher Road until the pending Edwards road extension is complete and functional for a period of one year or as determined necessary. D. Private Water Service Tap - Within two years from date of annexation, the City will allow one to four water taps to be permitted for residential service from the closest tap point at Capetown Road. The Grimes family will be required to grant a 20 foot easement across the southern boundary of their property (running east to west). The Grimes Family will be responsible for tap and impact fees for each of the requested water taps as well as the cost to run their individual private service lines from each residential structure connected to the city's water system. The Grimes Family will also provide a 10 foot wide private water service line easement between the city's water meter or meters for each private service line that is extended between the proposed point of connection at Capetown Road to cover each private water service line extended to connect each single family home on the Grimes Property. The city will require a customer service inspection for each home connected to the city's water system as required by state law. Each water tap and meter will provide water service to one single family residential structure and must be physically and permanently removed from the private well system that serves the adjacent home on the Grimes property. The city reserves the right to discontinue service from any water meter if it is discovered that the water supplied through this meter is subsequently extended to serve more than one single family home, in violation of the TCEQ's one residential home, one meter requirements and/or the City's metering, cross connection control ordinance and service policies. E. Wastewater line Extension along Shiloh and Swisher - City will design and construct these sewer lines including all taps from the sewer main up to the private property line. The total project will include survey, design, construction, staking, installation of the sewer main and taps, and testing and inspection during construction. City will enter into an agreement to extend these sewer lines based on the following provisions: 1. The cost per single family connection to the City sewer main will be based on the following: • If a minimum of 80 percent of the lots connect to the sewer main then per connection charge will be $5,300 plus the $1,700 impact fee, for a total charge of $7,000. 6 If a minimum of 70 percent and less than 80 percent of the lots connect to the sewer main then per connection charge will be $6,300 plus the $1,700 impact fee, for a total charge of $8,000. If a minimum of 60 percent and less than 70 percent of the lots connect to the sewer main then per connection charge will be $7,500 plus the $1,700 impact fee, for a total charge of $9,200. If a minimum of 50 percent and less than 60 percent of the lots connect to the sewer main then per connection charge will be $9,300 plus the $1,700 impact fee, for a total charge of $11,000. 2. City will establish a Pro-Rata Agreement to recoup the cost of the sewer line in the future from the lots that initially do not tie to the City sewer line. This pro rata cost will be based on the frontage of each lot and will be either sixty (60) percent or one hundred (100) percent of the per foot cost of sewer line installation. 3. Any easements needed from private property to construct the public sewer system must be donated by the property owner to the City at no cost to the City. 4. Homeowners are responsible for the rerouting of the private lateral sewer within their property to connect to the sewer tap at their property line. 5. City will extend this offer for extension of the sewer lines for a period of three years from the date of execution of the annexation. F. Grant Funding Opportunities for Wastewater Service on Swisher, Shiloh and Pockrus Page Roads - The City agrees to seek grant funding opportunities to fund the wastewater services as described below. 1. The City agrees to aggressively pursue alternate funding options for the benefit of the property owners currently being served by the City of Denton water supply along Pockrus Page, Swisher, and Shiloh Roads, that may be available through the Community Development Block Grant, the RCAP program or ANY other grant program that may be available to the City of Denton officials, that would effectively provide a sewer line that parallels the existing City of Denton water line on the above mentioned three roads. 2. The City agrees to pay 100% of the costs of the off-site sewer line beyond the frontage of the last property up to the connection with the existing City sewer, 7 in the event the Grant dollars do not cover the entire costs of the wastewater pipeline system. 3. The City will assign a contact department official and phone number for full disclosure and updates regarding the Grant process. 4. Payment of wastewater Impact fees if not covered by the Grant funding will be the responsibility of the property owner. G. No Parking Signage on Edwards Road - In accordance with the City of Denton Municipal Code Section 18-93, the City will evaluate the feasibility of establishing parking restrictions along the section of Edwards Road from Desert Willow Road to Lakeview Boulevard. This may include the area being stripped with a broken yellow centerline pavement marking in accordance with City standards such that the north side of the Edwards Road is to have an 8-foot wide on-street parking area and the remainder of the street width evenly divided for both directions of travel. Associated parking restriction signs may be included utilizing City standards for such signage. H. Future Access to Water and Wastewater Lines - As development occurs in DH-9, water and wastewater 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 Denton's codes and ordinances as described in 1V.B and IV.C. Such future development activity will expand the infrastructure network in DH-9 and provide additional opportunities for current property owners to have access to complete extensions or connect to existing water or sewer lines following established City policy. An example of an area likely to benefit from future development is the property along Pockrus Page Road. 1. Water service to Green Tree Estates Subdivision - The Green Tree Estates has an existing community water system serving this subdivision that is currently listed under the TCEQ Public Water System database as an inactive system. Prior to the city considering offering water service to this system, the owners of this community water system must register this water system with the TCEQ as an active public water system and must obtain compliance with current TCEQ regulations for Public Water Systems (Chapter 30 TAC 290). After compliance with the above referenced section, the city will offer water supply through an air gap into the Green Tree Estates Public Water Supply System's ground storage tank through a water tap and meter to be installed at a point of connection to the 8 city's existing water distribution system a point to be determined in the future. The owner of the Green Tree Estates Public Water Supply System shall provide the city with adequate well pumping records to determine the appropriate water meter size, tap size, and associated water impact fees. The owner of the Green Tree Estates Public Water System will be responsible for paying the tap fees, meter set fees and water impact fees necessary to provide this water supply as well as the cost to extend the private water service line from the point of metering and the ground storage tank within the Green Tree Estates public Water System. This private water service line shall be located within a 10 foot wide private water service line easement provided by the owners of the Green Tree Estates Pubic Water System. 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. 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. 9 EXHIBIT I Proposed Annexation Area DH-9 DH-9 encompasses approximately 298 acres of land and is bounded by current city limits on all sides; north, south, east and west. DH-9 is located north of Pockrus Page Road, north, south and northeast of Edwards Road. This area is outlined in yellow on the aerial map below.