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
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BY: '� �-°Zr�r,�
Page 2
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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.
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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.
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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
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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.
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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.
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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.
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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
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City of Denton, Texas
DH 72 -1,154 Acres
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