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2011-193c:ldocuments and settingsljericharldesktopldh-12 service plan ordinance amendment.doc ORDINANCE NO. 2011-19 3 AN ORDINANCE AMENDING A SERVICE PLAN ADOPTED BY ORDINANCE NO. 2011- 137, 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 1,154 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 Loca1 Government Code, a home rule city is authorized to annex certain areas within its annexation plan; and WHEREAS, Section 43.056(j), 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 Loca1 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, thereby resulting in the City Council's adoption of the preliminary service plan by Ordinance No. 2011-137 on August 16, 2011; and WHEREAS, subsequent negotiations between the City and the County-appointed committee have resulted in modifications to the adopted service plan, which modified service plan is attached hereto as Exhibit "A"; and WHEREAS, the City Council of the City of Denton finds that the modified 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. Subject to Section 4, Ordinance No. 2011-137 is hereby amended by deleting in its entirety the adopted service plan attached therein and replacing it with the modified service plan attached hereto as E�iibit "A". SECTION 3. Subject to Section 4, the City Council finds that the modified 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. SECTION 4. The modified service plan attached hereto as Exhibit "A" shall be effective only if it is signed as accepted by both the City and at least 3 of the 5 DH-12 County-appointed committee members by 5 p.m. Friday, October 14, 2011. If this requirement is not met, then this Ordinance shall be considered null and void, and the service plan adopted by Ordinance No. 2011-137 shall remain in full force and effect. SECTION 5. 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. ED AND APPROVED this the /�-" da of � , 2011. r�ss � y __ ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: AP VED A TO LEGAL FORM: ANITA BURGESS, CITY ATTO EY i BY: '� �-°Zr�r,� Page 2 n� � ; . - : :�; .�i[i ��i:►: + • • Page 3 CITY OF DENTON 5ERVICE Pi.AN DH-12 . October 11, 2011 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 Deriton'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 rnaintenance 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 sha11 be provided to the areas atulexed at a level consistent with current methods and procedures presently provided to similar axeas on the effective date of the ordinance. Sorne 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 equiprnent will be provided to fumish 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. Tecbnical rescue response; and 6. Constxuction Plan Review and required inspections. Fire protection from the City of Denton sha11 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, suff'icient 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. Emergeucy Medical Service The Denton Fire Department (DFD) will provide the following ernergency and safety services to the annexation areas. These services include: l. Emergency medical dispatch and pre-arrival First Aid instructions; 2. Pre-hospital ernergency 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 axeas 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 cornrnences in these areas, su.fficient EMS, including personnel and equipment will be provided to fumish these areas with the level of services corisistent with the characteristics of topography, land utilization and population density of the areas. 2 Upon ultirnate development, EMS will be provided at a level consistent with other similariy 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 wi11 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 wi.thiri the yearly budgetary allotments by the City Council. E. Parks, Plav�rounds, Swimmin� Pools Residents within the areas annexed may utilize a11 existing park and recreation facilities, on the effective date of this ordiriance. Fees for such usage shall be in accordance with current fees established by ordinance. As development comrnences 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 Except as provided in Section V.A and V.D. 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 wi11 be provided to the newly annexed property imrnediately 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 axea 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 (CCl� Number 20072 as issued by the Texas Cornmission 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 regulatioris. 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 main.tenance 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 and V.C. 0 The proposed annexation areas axe within the City of Denton Water Service Area as defined by Certificate of Convenience and Necessity (CCN) Number 10195 as issued by the Texas Cornmission on Environmental Quality (TCEQ). Connections to existing City of Denton water distribution mains for water service will be provided in accordance with e�stirig 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 developrnents, 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 -Anne�ation A�reements — The City has agreed to offer Non- Annexation Agreements to eligible property owners in DH-12 for a term to last seven yeaxs. Eligible property owners axe those individuals who currently receive a.n agricultural, wildlife management, or timber land property tax exemption on their property. From the effective date of the annexation, currently proj ected as May, 2013, the seven year Non-Annexation Agreement will extend the tirne period for non-annexation to 2020. The City will receive non-annexation agreernents from eligible property owners up to May 31, 2012. B. Water service alon� Mills Road Properties from Mayhill to Trinity including Cunningham —The City offers to design and construct public water access lines including all taps from the water line up to the private property line based on specific provisions. The total project will include survey, design, construction, staking, installing of taps and testing and inspection 5 durin.g construction. The city will extend water service to interested residents based on the following provisions: 1. Each homeowner that wishes to connect to the city's public water supply system is willing to pay for a pro rata charge based upon a proportional share of the waterline extension cost and the number of water customers that wish to participate in the project and obtain water service to their property. The proportional share of the cost of the waterline wi11 be based upon fifly (50%) of the total project cost divided by the number of Single Fa.tnily Equivalents (SFEs) that originally participate in a given project. These pro rata costs will be based upon the number of SFEs that are determined by the City for all property owners including single fa.mily homes and any non residential property owners that wish to participate in the project. The project costs will be detern�ined by cost estimates provided by the City and will be based upon current costs at the time of construction. The size of any waterline project will be based upon the feasibiliiy to connect to existing city waterlines, a project that can be constructed as a standalone project and a project that is sufficiently supported by interested property owners that desire water service and are willing to pay for their pro rata share of the line extension costs as described in this section (items 1- 9). 2, The City agrees to extend the water line as indicated provided, before the start of the project, there is sufficient participation by property owners to cover at least 50% of the project cost through pro rata fees prior to construction of the project. 3. Homeowners are responsible for paying meter set fees and water impact fees requixed for all new connections to the City's water system prior to construction of the project. 4. Horneowners connecting to the City's public water system shall physically and permanently remove from the private water well service to any structure, residential or otherwise, that is served by City water service. The horneowner wi11 allow the City to conduct a customer service inspection for each home connect to the City's water system as required by State 1aw. 5, Homeowners connecting to the City's public water system shall be responsible for their private service line and re-plumbing of their house/property to connect to the city water meter to be located within the street right of way. 6. Any easements needed from private property to construct the public water system must be donated by the property owner to the City at no cost to the City. 7. City will establish a Pro-Rata Agreement to recoup the cost of the water line in the future from the lots that initially do not tie to the City water line. a. A pxoperty that does not initially connect to the City's public wate� supply system but later requests a connection, will be assessed a pro rata charge based upon the same methodology describe in this section plus associated tap fees. Water Impact fees will also be required based upon the City's current Water Impact fees at the time of connection. b. The city reserves the right to asses a full cost recovery pro rata to future customers to recover the city's cost share in the waterline if the property develops though the subdivision of the property into additional lots or the property changes land use in a manner that results in a significant increase in water demand from a single family residence. This full cost recovery pro rata would be determined and would apply when the property develops and requests water service frorn the City in accordance to the City's codes, ordinances, and regulations. The City agrees to pursue alternate funding options to the benefit of the property owners that may be available through the Cornrnunity Development Block Grant (CDBG) program prior to commencement of the project. a. The City also agrees to pursue alternate funding options for the benefit of the properly owners that may be available through programs other than the CDBG program. b. If a grant is obtained, it will be applied to the full project cost. Any remaining funds necessary (if any) to complete the project will be based on the proportional share of cost approach as described in this section. 7 9. City will extend this offer for extension of the water lines for a period �f five-years from the date of execution of annexation. C. Water service alon� Bla�� and Geeslin� Roads —The City offers to design and construct public water access lines including a11 taps from the water line up to the private property line based on specific provisions. The total project will include survey, design, construction, staking, installing of taps and testing and inspection during construction. The city will extend water service to interested residents based on the following provisions: 1. Each homeowner that wishes to connect to the city's public water supply system is willing to pay for a pro rata charge based upon a proportional share of the waterline extension cost and the number of water customers that wish to participate in the proj ect and obtain water service to their property. The proportional share of the cost of the waterline will be based upon fifty (50%) of the total project cost divided by the number of Single Family Equivalents (SFEs) that originally participate in a given project. These pro rata costs will be based upon the number of SFEs that are determined by the City for all property owners including single family homes and any non residential property owners that wish to�participate in the project. The project costs will be determined by cost estimates provided by the City and will be based upon current costs at the time of construction. The size of any waterline proj ect will be based upon the feasibility to connect to existing city waterlines, a project that can be constructed as a standalone project and a project that is suff'iciently supported by interested property owners that desire water service and are willing to pay for their pro rata share of the line extension costs as described in this section (items 1- 9). 2. The City agrees to extend the water line as indicated provided, before the start of the project, there is sufficient participation by property owners to cover at least 50% of the project cost through pro rata fees prior to construction of the project. 3. Homeowners are responsible for paying meter set fees and water impact fees required for a11 new connections to the city's water system prior to construction of the project. 4. Homeowners connecting to the City's public water system shall physically and permanently remove from the private water well service to any structure, residential or otherwise, that is served by City water service. The homeowner will allow the City to conduct a customer service inspection for each home connect to the City's water system as required by State la�v. Homeowners connecting to the City's public water system shall be responsible for their private service line and re-plumbing of their house/properly to connect to the city water meter to be located within the street right of way. 6. Any easements needed from private property to construct the public water system must be donated by the property owner to the City at no cost to the City. 7. City will establish a Pro-Rata Agreement to recoup the cost of the water line in the future from the lots that initially do not tie to the City water line. a. A property that does not initially connect to the City's public water supply system but later requests a connection, will be assessed a pro rata charge based upon the same methodology describe in this section plus associated tap fees. Water Impact fees will also be required based upon the City's current Water Impact fees at the time of connection. b. The city reserves the right to asses a full cost recovery pro rata to future customers to recover the city's cost share in the waterline if the property develops though the subdivision of the property into additional lots or the property changes land use in a manner that results in a significant increase in water demand from a single family residence. This full cost recovery pro rata would be deterniined and would apply when the property develops and requests water service from the City in accordance to the City's codes, ordinances, and regulations. 8. The City agrees to pursue alternate funding options to the benefit of the property owners that may be available through the Community Development Block Grant (CDBG) program prior to commencement of the project. a. The City also agrees to pursue alternate funding options for the benefit of the property owners that may be available through programs other than the CDBG program. 0 b. If a grant is obtained, it will be applied to the full proj ect cost. Any remaining funds necessary (if any) to cornplete the project will be based on the proportional share of cost approach as described in this section. 9. City will extend this offer far extension of the water lines for a period of five-years froin the date of execution of annexation. D. Zoning — The City cannot establish zoning as a component of the annexation. However, if a DH-12 property owner desires to request a zoning change within one-year of the date of annexation, the City will waive zoning application fees. With the assistance and cooperation of the property owner, the City will provide an analysis and recommendation to forward to the P1axu7ing and Zoning Commission and City Council. Staff cannot guarantee that a specific zoning request will be recommended or granted as a cornponent of the service plan. . E. Supplemental Information — The City is in receipt of supplemental information from the Denton County Representatives related to the current condition of certain County Roads as of July 28, 2011. This information reflects more recent maintenance data as it relates to Blagg, Gessling, Mills, Cunningham, Trinity, and Grissom. It is the desire of the County Representatives to ensure that the City has this information since it will be more current than the adopted Inventory of Services which was approved on November 24, 2010. VI. UIVIFORM 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 axea 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. TEItM 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 axnend the service plan to conform to the changed conditions or subsequent occurrences pursuant to Texas Local Government Code, Section 43.056. 10 Agree Disagree � � ✓ Agree � Disagree City Representatives J Fo --�--��,4.�-�- . Chuck Russell P.S. Arora County Representatives Wallace Batey Jeff Dulin Frank James Ginger McCormick Randal Smith 11 o- r� Date ( � jr, (rl Date I �-�►-11 Date Date Date Date Date Date City of Denton, Texas DH 72 -1,154 Acres ���NKHOLS N W�E S Feet 0 600 1,200 2,400 3,600