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sAtegahour documentslordinances1131dh-9 annexation ordinance-clean.doc
ORDINANCE NO. 2013-096
AN ORDINANCE ANNEXING AN AREA OF LAND TO THE CITY OF DENTON, TEXAS,
GENERALLY IDENTIFIED AS DH-9 OF APPROXIMATELY 298 ACRES (LESS THOSE
PARCELS IDENTIFIED IN EXHIBIT "C") LOCATED NORTH OF POCKRUS PAGE
ROAD, NORTH, SOUTH AND NORTHEAST OF EDWARDS ROAD, AND MORE
SPECIFICALLY IDENTIFIED IN EXHIBIT "A" ATTACHED HERETO, WHICH AREA IS
ADJACENT TO AND ABUTS THE EXISTING CITY LIMITS OF THE CITY OF DENTON,
TEXAS, AND WHICH CONTAINS AREAS OF LAND WHICH ARE TO BE ANNEXED
PURSUANT TO THE CITY'S 3-YEAR ANNEXATION PLAN; EXCLUDING PROPERTIES
WITHIN DH-9 SUBJECT TO NON-ANNEXATION AGREEMENTS FOR
AGRICULTURAL, WILDLIFE MANAGEMENT OR TIMBERLAND USE FROM THE
ANNEXATION; PROVIDING FOR CORRECTION OF THE CITY MAP TO INCLUDE THIS
ANNEXED AREA; 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 that are required to be in an annexation
plan; and
WHEREAS, this annexation is under the annexation procedures for areas required to be
included in an annexation plan pursuant to Tex. Loc. Gov't Code, Sections 43.051- 43.057; and
WHEREAS, the areas of land proposed to be annexed have been grouped into a tract
identified as DH-9; and
WHEREAS, pursuant to Tex. Loc. Gov't Code, Section 53.052(c), on April 6, 2010 the
Denton City Council adopted a 3-Year Annexation Plan Ordinance for DH-9 in order to initiate
the annexation of DH-9; and
WHEREAS, on June 30, 2010, in accordance with Tex. Loc. Gov't Code, Section
43.052(f), the City sent a written Notice of Intent (NOI) to all property owners, public and
private entities, and railroad companies within DH-9 informing them of the City's intent to
annex the areas, and the NOI was also posted on the City's website. The City also published the
notice in the local newspaper per Tex. Loc. Gov't Code, Section 43.0561(c); and
WHEREAS, on November 24, 2010, in accordance with Tex. Loc. Gov't Code, Section
43.053(g), the City completed an Inventory of Services and Facilities (ISF), which subsequent to
its completion, the ISF was posted on the City's website; and
WHEREAS, on January 14, 2011, in accordance with Tex. Loc. Gov't Code, Section
43.0561(c), the City mailed written notices to affected property owners of the first of two
required Public Hearings, and the City also posted the notice on the City's website. The City
also published the notice in the local newspaper per Tex. Loc. Gov't Code, Section 43.0561(c).
The first Public Hearing was held on February 1, 2011; and
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WHEREAS, on January 26, 2011, in accordance with Tex. Loc. Gov't Code, Section
43.0561(c), the City mailed written notices to affected property owners of the second Public
Hearing, and the City also posted the notice on the City's website. The second Public Hearing
was held on February 15, 2011; and
i
WHEREAS, although not required, a third Public Hearing was held on February 17,
2011; and
WHEREAS, the purposes of the Public Hearings were: (1) to allow persons interested in
the proposed annexation of DH-9 an opportunity to be heard; and (2) to explain to DH-9
residents the contents of the preliminary service plan for the provision of full municipal services
to DH-9, which preliminary service plan was made available for public inspection on the City's
website prior to the Public Hearings; and
WHEREAS, on July 6, 2011, in accordance with Tex. Loc. Gov't Code, Section 43.0562,
City Staff and committee representatives selected by the Denton County Commissioners Court
began negotiations concerning the contents of the preliminary service plan; and
WHEREAS, negotiations ended on August 15, 2011 after City Staff and DH-9 committee
representatives agreed to certain modifications to the service plan; and
WHEREAS, on August 16, 2011, the Denton City Council adopted via ordinance the
service plan as modified and agreed upon by City Staff and DH-9 committee representatives; and
WHEREAS, the Denton City Council finds that all annexation procedures required to
annex DH-9 under the City's 3-Year Annexation Plan have been complied with in accordance
with Tex. Loc. Gov't Code, Sections 43.051- 43.057; and
WHEREAS, the Denton City Council finds that the annexation will allow the city to
ensure development consistent with The Denton Plan as it is now written, or as it may be
modified by the City from time to time; and
WHEREAS, offers of non-annexation development agreements have been made to the
owners of all eligible properties within the area to be annexed pursuant to this Ordinance, which
properties have been appraised for ad valorem tax purposes as land for agricultural, wildlife
management or timberland as required by Section 43.035, Subchapter B, Local Government
Code; and
WHEREAS, the City Council, via Ordinance No. 2012-362 adopted on December 18,
2012, approved certain non-annexation agreements executed by eligible property owners within
DH-9; and
WHEREAS, the City desires to affirm that structures, uses and facilities pre-existing in
areas annexed under this Ordinance, or in areas subject to non-annexation agreements within
DH-9 approved by prior action, shall be subject to the protections and limitations imposed by
§43.002 of the Texas Local Government Code, as well as those protections afforded by
Subchapter 11 of the Denton Development Code, to the extent it is applicable; and
Page 2
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WHEREAS, under the previously approved non-annexation agreements between an
eligible property owner and the City, the lands subject to the agreements retain their
extraterritorial status and the owners of such lands must abide by the City's development
regulations as if such lands were within the City limits, as provided further in such agreement;
and
WHEREAS, the land which is adjacent or contiguous to an area subject to a non-
annexation agreement is considered adjacent or contiguous to the City for purposes of
annexation; and
WHEREAS, the City Council of the City of Denton deems it to be in the best interests of
the citizens of the City of Denton to annex said territory into the City of Denton, save and except
those properties subject to prior approved non-annexation agreements within 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 area of land which abuts and is adjacent to the existing corporate limits
of the City of Denton, Texas, known as DH-9, as described in Exhibit "A", attached hereto and
incorporated herein, and as depicted in Exhibit "B," attached hereto and incorporated herein
(except that if there is conflict between the Exhibits, "A" shall control), save and except for those
properties described in Exhibit "C", which are subject to certain non-annexation agreements,
executed by property owners within DH-9 and previously approved by the City via Ordinance
No. 2012-362, due to their use for agricultural, wildlife management or timberland purposes as
described in Section 43.035, Subchapter B, Local Government Code, is hereby ANNEXED to
and included within the corporate limits of the City of Denton, Texas.
SECTION 3. The previously negotiated service plan prepared in accordance with
applicable provisions of state law pertaining to annexation, adopted on August 16, 2011, by
Ordinance No. 2011-136, is attached hereto as Exhibit "D" and made a part hereof for all intents
and purposes.
SECTION 4. The City Manager is hereby authorized and directed to immediately correct
the map of the City of Denton by adding thereto the additional territory annexed by this
Ordinance, indicating on the map the date of annexation and the number of this Ordinance, and
the ETJ resulting from such boundary extensions.
SECTION 5. This Ordinance shall be become effective upon final passage by the City
Council
SECTION 6. 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.
Page 3
SECTION 7. Nothing herein should be deemed to repudiate any earlier action by the
City relating to approval of any non-annexation agreement associated with properties contained
within DH-9.
AND IT IS SO ORDERED.
Passed by the City Council on 1St reading this g t day of 52013.
Passed by the City Council on 2nd reading this day of , 2013.
MARK B U HS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: I
APPRO D AS O LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: C~c C~
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Page 4
sAlegahour documentslordinances1131dh-9 exhibit a.doc
Exhibit "A" - DH-9
ALL those certain lots, tracts or parcels of land lying and being situated in the County of
Denton, State of Texas and presently being wholly surrounded and fully embraced by the
Denton city limit boundaries of record and established by the annexation ordinances as
follows: Ordinance 1983-18, Ordinance 1984-17 (Tracts II & III), Ordinance 1984-97,
Ordinance 1986-129, Ordinance 1986-130, Ordinance 1986-214, Ordinance 1986-218,
Ordinance 1998-256, Ordinance 1999-262, Ordinance 2004-134 (Tract II), and
Ordinance 2004-192; and being more specifically described as follows:
BEGINNING at a point described in Ordinance 86-130, said point being on the north
boundary line of the property described in Ordinance 84-97 and a point in the center of
Swisher Road, said point also being the Point of Beginning of the property described in
Ordinance 86-130;
THENCE North 00° 41' 04" East, 1520.87 feet with the center of Swisher Road to a
point for a corner;
THENCE North 89° 50' 58" East, 1655.56 feet to a point for a corner;
THENCE northerly along the west line of the property described in Ordinance 86-130 to
a point described in Ordinance 98-256, said point being the southeast corner of the
property described in Ordinance 98-256;
THENCE North 86° 23' 49" West, 1632.5 to a point for a corner, said point being the
point of beginning for the property described in Ordinance 98-256;
THENCE North 04° 44' 29" East, 283.1 feet to a pin for a corner;
THENCE North 72° 08' 23" East, 271.89 feet to a point for a corner;
THENCE North 88° 59' 12" East, 526.69 feet to a point for a corner;
THENCE South 86° 21' 22" East, 150.03 feet to a point for a corner;
THENCE South 86° 20' 48" East, 704.84 feet to a point on a corner, said point being the
northeast corner of the property described in Ordinance 98-256 and on the west line of
the property described in Ordinance 86-130;
THENCE northerly along the west line of the property described in Ordinance 86-130,
said point being the northeast corner of the property;
THENCE North 89° 29' 03" East, 1261.48 feet to a point for a corner;
THENCE North 00° 40' 16" West, 83.55 feet to a point, said point being the beginning of
a curve described in Ordinance 86-130;
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THENCE 552.92 feet along the above referenced curve to a point at the end of the curve;
THENCE North 21° 19'44" East, 698.69 feet to a point for a corner, said point on a line
as described in Ordinance 82-214;
THENCE Westerly along a line described in Ordinance 82-214 to a point for a corner,
said point being US Army Corps of Engineers (USACE) Monument P-238-W;
THENCE along a series of courses and distances as described in Ordinance 82-214 as
follows;
South 82° 18' West, 236.4 feet to USACE Monument P-239-W;
South 69° 35' West, 556.8 feet to USACE Monument P-240-W;
North 38° 59' West, 1140.8 feet to USACE Monument P-241-W;
South 58° 12' West, 672.9 feet to USACE Monument P-242-W;
North 88° 58' West, 547.2 feet to USACE Monument P-243-W;
North 17° 12' West, 341.7 feet to USACE Monument P-244-W;
North 27° 41' East, 164.7 feet to USACE Monument P-245-W;
THENCE South 88° 58' East to a point of intersection with the property described in
Ordinance 86-129;
THENCE Northwesterly along the middle of Pecan Creek, approximately 1040 feet in a
series of courses and distances as described in Ordinance 86-129 to a point of intersection
with the east boundary of the property described in Ordinance 83-18;
THENCE South 4° 11' 22" West, 744.55 feet to a point for a corner, said point being the
southeast corner of the property described in Ordinance 83-18;
THENCE Westerly approximately 310 feet to a point of intersection with the property
described in Ordinance 2004-192, said point being the northeast corner of said property;
THENCE South 02° 30' 20: West, 598.74 feet to a point for a corner;
THENCE South 86° 34' 09" East, 289.44 feet to a point for a corner;
THENCE South 02° 13' 37" West, 296.76 feet to a point for a corner;
THENCE North 87° 35' 54" West, 288.25 feet to a point for a corner;
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THENCE South 02° 28' 11" West, 303.97 feet to a point for a corner;
THENCE South 87° 35' 54" East, 288.25 feet to a point in Swisher Road;
THENCE South along the center of Swisher Road, approximately 678.27 feet to a point
at a corner;
THENCE South 89° 38' 54" West, 2051 feet to a point for a corner;
THENCE North to a point of intersection with the property described in Ordinance 86-
218;
THENCE North 89° 47' 12" West, 40.21 feet to a point for a corner;
THENCE South 04° 19' 30" West, 1507.29 feet to a point for a corner, said point being
the southeast corner of said tract and lying in the center line of Edwards Road and having
an intersection of a northerly line of the property described in Ordinance 99-262;
THENCE Easterly along the centerline of Edwards Road to a point for a corner;
THENCE South 00° 21' 39" East 1328.19 feet to a point for a corner, said point being
on the north line of the property described in Ordinance 84-17, Tract II;
THENCE Easterly to a point intersecting the east line of the property described in
Ordinance 2004-134, Tract II;
THENCE South 02° 02' 31" West, 724.32 feet to a point for a corner;
THENCE North 87° 02' 50" West, 73.11 feet to a point for a corner;
THENCE South 02° 00' 40" West, 596.16 feet to a point on Pokrus Page Road;
THENCE Easterly to the Point of Beginning, containing approximately 298 acres.
Exhibit B
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s:\legal\our documents\ordinances\13\6-9 exhibit c.doc
DH-9 - Exhibit "C"
1. Being a 2.492 acre tract of land, more or less, situated in the Gideon Walker Survey,
Abstract No. 1330, Denton County, Texas, and being more fully described in that certain
Warranty Deed with Vendor's Lien dated December 7, 2001 from Fredonia Lea Barber
and Kim Truelove to Raul Flores and wife, Cynthia Flores, filed for record on December
11, 2001 and recorded in Volume 4981, Page 4381 of the Real Property Records of
Denton County, Texas. Said 2.492 acre tract is commonly known as DCAD Property ID
239705.
2. A. Being a 1.06358 acre tract of land, more or less, situated in the Gideon Walker
Survey, Abstract No. 1330, Denton County, Texas, and being more fully
described in that certain General Warranty Deed dated November 29, 2006 from
the Estate of Bonnie Epps Coonrod, Deceased to Ray Grimes and Judy Grimes,
filed for record on December 6, 2006 and recorded in Instrument No. 2006-
147878 of the Real Property Records of Denton County, Texas. Said 1.06358
acre tract is commonly known as DCAD Property ID 76954.
B. Being a 1.00 acre tract of land, more or less, situated in the Gideon Walker
Survey, Abstract No. 1330, Denton County, Texas, and being more fully
described in that certain General Warranty Deed dated June 28, 1999 from Ronald
Grimes to Raymond Lee Grimes and Judith Mae Grimes, filed for record on July
1, 1999 and recorded in Volume 4372, Page 3163 of the Real Property Records of
Denton County, Texas. Said 1.00 acre tract is commonly known as DCAD
Property ID 164546.
C. Being a 105.087 acre tract of land, more or less, situated in the Gideon Walker
Survey, Abstract No. 1330, Denton County, Texas, and being more fully
described in that certain Warranty Deed with Vendor's Lien dated November 23,
1983 from Wesley G. Stewart to Raymond Lee Grimes and wife, Judith Mae
Grimes, filed for record on November 30, 1983 and recorded in Volume 1300,
Page 340 and corrected in Volume 1411, Page 654 of the Real Property Records
of Denton County, Texas, SAVE AND EXCEPT the following eight (8) tracts:
1) A 1.00 acre tract of land, more or less, situated in the Gideon Walker
Survey, Abstract No. 1330, Denton County, Texas, and being more fully
described in that certain Warranty Deed dated April 12, 1984 from Raymond
Lee Grimes and wife, Judith Mae Grimes to Greg McDaniel and wife, Janet
McDaniel, filed for record on May 3, 1984 and recorded in Volume 1394,
Page 678 of the Real Property Records of Denton County, Texas. Said 1.00
acre tract of land is commonly known as DCAD Property ID 113104.
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2) A 1.00 acre tract of land, more or less, situated in the Gideon Walker
Survey, Abstract No. 1330, Denton County, Texas, and being more fully
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described in that certain Warranty Deed dated April 12, 1984 from Raymond
Lee Grimes and Judith Mae Grimes to Billy Bob Ellison, Jr. and wife, Connie
R. Ellison, filed for record on May 3, 1984 and recorded in Volume 1394,
Page 685 of the Real Property Records of Denton County, Texas. Said 1.00
acre tract of land is commonly known as DCAD Property ID 113102.
3) A 1.00 acre tract of land, more or less, situated in the Gideon Walker
Survey, Abstract No. 1330, Denton County, Texas, and being more fully
described in that certain Warranty Deed dated May 4, 1984 from Raymond
Lee Grimes and Judith Mae Grimes to John E. Adelmann and wife, Linda J.
Adelmann, filed for record on September 7, 1984 and recorded in Volume
1480, Page 70 of the Real Property Records of Denton County, Texas. Said
1.00 acre tract of land is commonly known as DCAD Property ID 113100.
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4) A 13.380 acre tract of land, more or less, situated in the Gideon Walker
Survey, Abstract No. 1330, Denton County, Texas, and being more fully
described in that certain General Warranty Deed dated March 28, 1986 from
Raymond Lee Grimes and wife, Judith Mae Grimes to RMB Land Co., Ltd.,
filed for record on April 1, 1986 and recorded in Volume 1851, Page 928 of
the Real Property Records of Denton County, Texas. Said 13.380 acre tract
of land is commonly known as DCAD Property ID 13139.
5) A 4.366 acre tract of land, more or less, situated in the Gideon Walker
Survey, Abstract No. 1330, Denton County, Texas, and being more fully
described in that certain Correction General Warranty Deed dated June 12,
1998 from Raymond Lee Grimes and Judith Mae Grimes to the City of
Denton, filed for record on July 27, 1998 and recorded in Volume 4140, Page
2055 of the Real Property Records of Denton County, Texas. Said 4.366 acre
tract of land is commonly known as DCAD Property ID 199391 and DCAD
Property ID 38465.
6) Being a 10.100 acre tract of land, more or less, situated in the Gideon
Walker Survey, Abstract No. 1330, Denton County, Texas, and being more
fully described in that certain Warranty Deed with Vendor's Lien dated
September 21, 2005 from Raymond Lee Grimes and wife, Judith Mae Grimes
to John R. Polster and wife, Lisa K. Polster, filed for record on October 5,
2005 and recorded in Instrument No. 2005-123913 of the Real Property
Records of Denton County, Texas; now known as Lot 1, Block 1 of Polster
Addition, an Addition to the E.T.J. of the City of Denton, filed for record on
March 7, 2011 and recorded in Instrument Number 2011-42 of the Plat
Records of Denton County, Texas. Said 10.100 acre tract is commonly
known as DCAD Property ID 306410.
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7) A 10.10 acre tract of land, more or less, situated in the Gideon Walker
Survey, Abstract No. 1330, Denton County, Texas, and being more fully
described in that certain Warranty Deed with Vendor's Lien dated September
28, 2007 from Raymond L. Grimes and Judith Mae Grimes to John R. Polster
and Lisa Polster, husband and wife, filed for record on October 3, 2007 and
recorded in Instrument No. 2007-117718 of the Real Property Records of
Denton County, Texas. Said 10.10 acre tract of land is commonly known as
DCAD Property ID 524157.
8 Being a 1.00 acre tract of land, more or less, situated in the Gideon
Walker Survey, Abstract No. 1330, Denton County, Texas, and being more
fully described in that certain General Warranty Deed dated June 28, 1999
from Ronald Grimes to Raymond Lee Grimes and Judith Mae Grimes, filed
for record on July 1, 1999 and recorded in Volume 4372, Page 3163 of the
Real Property Records of Denton County, Texas. Said 1.00 acre tract is
commonly known as DCAD Property ID 164546.
I
Commonly known as DCAD Property ID 100087 (Note, called a 66.313 acre tract by
DCAD).
3. Being a 1.0959 acre tract of land, more or less, situated in the Gideon Walker Survey,
Abstract No. 1330, Denton County, Texas, and being more fully described in that certain
Warranty Deed dated December 31, 1996 from David W. Mason to J. Doss Phillips and
wife, Glynnis Phillips, filed for record on January 2, 1997 and recorded in Instrument No.
97-R0000117 of the Real Property Records of Denton County, Texas. Said 1.0959 acre
tract is commonly known as DCAD Property ID 189728.
4. Being a 9.960 acre tract of land, more or less, situated in the Gideon Walker Survey,
Abstract No. 1330, Denton County, Texas, and being more fully described in that certain
Warranty Deed with Vendor's Lien dated October 2, 2000 from Harland E. Stanton,
Bobby G. Stanton, Frank J. Stanton, Oneita Stanton and Virginia Stanton to Pyong Uk
Yi, filed for record on October 5, 2000 and recorded in Volume 4689, Page 1873 of the
Real Property Records of Denton County, Texas. Said 9.960 acre tract is commonly
known as DCAD Property ID 38636.
5. Being a 24.58 acre tract of land, more or less, situated in the Gideon Walker Survey,
Abstract No. 1330, Denton County, Texas, and being more fully described in that certain
Warranty Deed dated May 2, 1979 from Charles L. Muirhead, Jr. to Guy Wade Willis,
filed for record on May 2, 1979 and recorded in Volume 950, Page 492 of the Real
Property Records of Denton County, Texas, SAVE AND EXCEPT that portion lying
within the existing city limits, leaving a called 14.94 acre tract of land that is commonly
known as DCAD Property ID 38580.
I
sAlegal\ourdocumentAordinances1111dh-9 Exhibit D
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 (lc), Subchapter C, Texas Local Government Code.
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sAiegal\our documents\ordinances\11\dh-9 service plan adoption ordinance.docsAlegakour documents\ordinances\l 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 J~ day of 2011.
MARK A. BU AYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
W
BY:
APPROVED S TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
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Page 2
EXHIBIT A
II
CITY OF DENTON SERVICE PLAN
DH-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.
H. 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.
1
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.
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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 CTP 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, Playerouuds, Swimmina 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.
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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.
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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 Nan-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,
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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.
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. 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 an 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,
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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 IV.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.
I. 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
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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 plats 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.
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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.
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DH9
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LTA ~ ~ ~
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