2013-097
sAlegahour documentslordinances1131dh-12 annexation ordinance-clean.doc
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ORDINANCE NO. 2013-097
AN ORDINANCE ANNEXING AN AREA OF LAND TO THE CITY OF DENTON, TEXAS,
GENERALLY IDENTIFIED AS DH-12 OF APPROXIMATELY 1,154 ACRES (LESS THOSE
PARCELS IDENTIFIED IN EXHIBIT "C") 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, 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-12 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-12; 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-12 in order to initiate
the annexation of DH-12; and
WHEREAS, on June 30, 2010, in accordance with Tex. Loc. Gov't Code, Section
43.052(f), the City mailed a written Notice of Intent (NOI) to all property owners, public and
private entities, and railroad companies within DH-12 informing them of the City's intent to
annex the areas, and the NOI was also posted on the City's website; 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 Februaryl, 2011; and
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 City also published the
notice in the local newspaper per Tex. Loc. Gov't Code, Section 43.0561(c). The second Public
Hearing was held on February 15, 2011; and
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-12 an opportunity to be heard; and (2) to explain to DH-12
residents the contents of the preliminary service plan for the provision of full municipal services
to DH-12, which preliminary service plan was made available for public inspection on the City's
website prior to the Public Hearings; and
WHEREAS, on July 7, 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 in an attempt to agree
on a final service plan applicable post-annexation of DH-12; and
WHEREAS, negotiations ended on August 12, 2011, because City Staff and DH-12
committee representatives could not agree upon contents of the final service plan; and
WHEREAS, due to the nearing statutory deadline imposed by the City to adopt a final
service plan for DH-12, the Denton City Council, on August 16, 2011, adopted via ordinance the
preliminary service plan as being the final service plan for DH-12; and
WHEREAS, after the Denton City Council's adoption of the service plan, DH-12
committee representatives requested that the parties continue negotiations concerning the service
plan, however, the negotiations did not prove successful; and
WHEREAS, on October 13, 2011, DH-12 committee representatives, in accordance with
Tex. Loc. Gov't Code, Section 43.0564, provided the City with written notice of its request to
arbitrate the service plan adopted by the Denton City Council on August 16, 2011; and
WHEREAS, the arbitration was held on October 17 and October 18, 2011, with the
arbitrator ruling in favor of the City on October 30, 2012; and
WHEREAS, the Denton City Council finds that all annexation procedures required to
annex DH-12 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
Page 2
management or timberland as required by Section 43.035, Subchapter B, Local Government
Code; and
WHEREAS, the City Council, via Ordinance No. 2012-363 adopted on December 18,
2012, approved certain non-annexation agreements executed by eligible property owners within
DH-12; 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-7 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
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-7; 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-12, 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-12 and previously approved by the City via Ordinance
No. 2012-363, 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 service was plan prepared in accordance with applicable provisions of
state law pertaining to annexation and adopted on August 6, 2011 by Ordinance No. 2011-137, is
attached hereto as Exhibit "D" and made a part hereof for all intents and purposes.
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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.
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-12.
AND IT IS SO ORDERED.
Passed by the City Council on 1" reading this day of ~ , 2013.
Passed by the City Council on 2"a reading this day of , 2013.
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MAI~X A. BURROUG ll~fS,
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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BY: )
APPR ED A O LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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BY:
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Page 4
sAlegallour documentslordinances1131642 exhibit a.doc
EXHIBIT "A"
DH-12
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 1965-43 (Tract 1), Ordinance 1983-134, Ordinance 1984-98,
Ordinance 1985-210 (Tracts 1, 3 and 4-A), Ordinance 1986-22 (Tracts II & III),
Ordinance 1986-129, Ordinance 1989-1, Ordinance 1996-68, Ordinance 1996-232, and
Ordinance 2001-244; and being more specifically described as follows:
BEGINNING at a point at the southwest corner of the property described in Ordinance
96-068, said point being in the center of Mayhill Road and the north right-of-way line of
Blagg Road;
THENCE East along the north right-of-way line of Blagg Road, 407.5 feet to a point for a
corner;
THENCE North 1244 feet to a point for a corner, said corner being the northeast corner
of the property described in Ordinance 96-068 and being on the south line of the property
described in Ordinance 65-43, Tract I;
THENCE Northeasterly along a line to a point of intersection with the west line of the
property described in Ordinance 86-22, Tract Il;
THENCE South to a point for a corner, said point being the southeast corner of the
property described in Ordinance 86-22, Tract II, also being on the east right-of-way line
of Geesling Road;
THENCE South 00° 30' 22" East, 59.37 feet along the east line of Geesling Road to a
point for a corner;
THENCE South 89° 27' 34" East, 337 feet to a point for a corner;
THENCE South 00° 55' 15" West, 538.17 feet to a point for a corner;
THENCE North 89° 54' 18" West, 337 feet to a point for a corner;
THENCE South 00° 00' 11" East, 459.04 feet along the east line of Geesling Road to a
point for a corner;
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THENCE South 40 27 41 East, 255.8 feet to a point for a corner;
THENCE North 89° 59' 49" East, 549.5 feet to a point for a corner;
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THENCE South 46° 13' 49" West, 45.10 feet to a point for a corner;
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THENCE South 89° 54' 30" East, 36.28 feet to a point for a corner;
THENCE South 00° 05' 30" West, 365 feet to a point for a corner, said point being on
the north line of Blagg Road;
THENCE South 89° 54' 30" East, 719.56 feet, along the north line of Blagg Road to a
point for a corner;
THENCE North 00° 07' 52" West, 985.11 feet to a point for a corner;
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THENCE South 89° 24' 39" East to the point of intersection of the property described in
Ordinance 96-232;
THENCE South 03° 04' 00" West, 980.18 feet to a point on the north line of Blagg Road;
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THENCE Easterly along the north line of Blagg Road to a point of intersection with the
west right-of-way line of Lakeview Boulevard;
THENCE southerly along the west right-of-way line of Lakeview Boulevard to the south
right-of-way of Blagg Road;
THENCE westerly along the south right-of-way line of Blagg Road to a point described
in Ordinance 2001-244, said point also being the northeast corner of the property in the
said Ordinance;
THENCE South 89° 28' 01" West, 745.32 feet along the south right-of-way of Blagg
Road to a point for a corner;
THENCE South 00° 05' 17" East, 416.59 feet to a point for a corner;
THENCE South 89° 59' 36" West, 676.35 feet to a point for a corner;
THENCE South, 247.72 feet to a point for a corner;
THENCE East, 165 feet to a point for a corner;
THENCE South, 261.78 feet to a point for a corner;
THENCE West, 165 feet to a point for a corner;
THENCE South 710.41 feet to a point for a corner;
THENCE East, 1421 feet to the intersection with the property described in Ordinance 84-
98;
THENCE Southerly along the west line of the property described in Ordinance 84-98 to a
point for a corner;
THENCE South 83° 12' 10" East, 693.59 feet to a point for a corner;
THENCE South 3° 57' 40" West, 646.13 feet to a point for a corner;
'THENCE Easterly to point on the west line of the property described in Ordinance 85-
210, Tract 3, said point being the northwest corner of the said tract;
THENCE South 2° 45' 06" West, 822.11 feet to a point for a corner;
THENCE South 75° 04' 19" East, 144.36 feet to a point for a corner;
THENCE South 39° 15' 29" East, 87.11 feet to a point for a corner;
THENCE South 9° 13' 56" East, 72.59 feet to a point for a corner;
THENCE South 48° 27' 58" West, 28.64 feet to a point for a corner;
THENCE North 86° 10' 37" West, 194.01 feet to a point for a corner;
THENCE South 2° 45' 06" West, 561.45 feet to a point for a corner;
THENCE South 82° 33' 40" East, 707.37 feet to a point for a corner;
THENCE South 16° 50' 50" West, 146.41 feet to the intersection with a line on the
property described in Ordinance 84-98;
THENCE North 86° 04' 29" West, 681.98 feet to a point for a corner;
THENCE South 2° 28' 38" West, 525.40 feet to a point for a corner;
THENCE South 86° 26' 40" East, 1423.30 feet to a point for a corner;
THENCE South 2° 48' 25" West, 2127.77 feet to a point for a corner;
THENCE South 2° 13' 47" West, 706.64 feet to a point for a corner;
THENCE South 64° 50' 47" East, 407.19 feet to an intersection with a line on the
property described in Ordinance 85-210, Tract 1;
THENCE South 00° 45' 09" West to a point of intersection with a line on the property
described in Ordinance 86-129, said point being the northeast corner of said tract;
THENCE Northwesterly along a line 250 feet northeasterly of the center line of FM 426
on a series of courses and distance described in Ordinance 86-129 to a point of
intersection with the east line of the property described in Ordinance 83-134;
THENCE North 00° 05' East, 1274.77 feet to a point for a corner;
THENCE East, 15 feet to a point for a corner;
THENCE North 00° 05' East, 2255.94 to a point for a corner;
THENCE South 89° 17' West, 1444.17 feet along the south right-of-way line of Mills
Road to a point for a corner, said point being the northwest corner of the property
described in Ordinance 83-134 and the northeast corner of the property described in
Ordinance 89-001;
THENCE Westerly, 2944.96 feet along the south right-of-way line Of Mills Road to a
point in the centerline of Mayhill Road on the east line of the property described in
Ordinance 65-43, Tract I;
THENCE Northerly along the centerline of Mayhill Road to the Point of Beginning,
containing approximately 1,162 acres.
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s:\legal\our documents\ordinances\13\dh-12 exhibit c.doc
DH-12 - Exhibit "C"
1. a) Being a 6.00 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
Warranty Deed dated August 7, 1972, from Oletha Burgoon to Weldon Burgoon and
wife, Joy Burgoon, filed for record on August 9, 1972, and recorded in Volume 652, Page
531, and corrected in Volume 1134, Page 21, of the Real Property Records of Denton
County, Texas, SAVE and EXCEPT that portion lying within the existing city limits,
leaving a called 3.88 acre tract of land that is commonly known as DCAD Property ID
38433.
b) Being a 5.111 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
Warranty Deed dated June 1.1, 1986, from Oletha Burgoon a/h/a Oletha Burgoon Gray to
Weldon Burgoon, filed for record on June 11, 1986, and recorded in Volume 1905, Page
751, of the Real Property Records of Denton County, Texas, SAVE and EXCEPT that
portion lying within the existing city limits; and further SAVE and EXCEPT:
A 0.230 acre tract of land, situated in the Gideon Walker Survey, Abstract No.
1330, Denton County, Texas, and being more fully described in that Warranty
Deed with Vendor's Lien dated July 29, 1982, from Weldon Burgoon and
wife, Joy Burgoon, to David Glenn Wilkinson and wife, Kippie Ann
Wilkinson, filed for record on September 9, 1982, and recorded in Volume
1163, Page 695, and corrected in Clerk's File Number 94-R0048749, of the
Real Property Records of Denton County, Texas. Said 0.230 acre tract of land
is commonly known as DCAD Property ID 160038 and DCAD Property ID
82323.
Leaving a called 1.482 acre tract of land that is commonly known as DCAD Property ID
38429.
2. Being a 5.214 acre tract of land, more or less, situated in the Moreau Forrest Survey,
Abstract No. 417, Denton County, Texas, and being more fully described in that Special
Warranty Deed dated January 12, 2007, from Bobby J. Crawford to 4C Horsepath, LLC,
filed for record on February 26, 2007, and recorded in Instrument Number 2007-22735,
of the Real Property Records of Denton County, Texas. Said 5.214 acre tract of land is
commonly known as DCAD Property ID 133107.
3. Being a 3.940 acre tract of land, more or less, situated in the Moreau Forrest Survey,
Abstract No. 417, Denton County, Texas, and being more fully described in that
Warranty Deed dated August 17, 1998 from Coy Rollins and wife, Charlie May Rollins,
to Coy Mark Rollins and Carolyn J. Morrissey, filed for record on September 3, 1998,
and recorded in Volume 4168, Page 1828, of the Real Property Records of Denton
County, Texas, SAVE and EXCEPT:
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A 1.000 acre tract of land, more or less, situated in the Moreau Forrest Survey,
Abstract No. 417, Denton County, Texas, and being more fully described in that
Warranty Deed dated April 29, 1996 from Coy Lee Rollins and wife, Charlie Mae
Rollins, to Coy Mark Rollins and Carolyn J. Morrissey, filed for record on May 7,
1996, and recorded in Clerk's File Number 96-R0031263, of the Real Property
Records of Denton County, Texas.
Leaving 2.940 acres of land, more or less, that is commonly known as DCAD Property
ID 206236.
4. a) Being a 3.0 acre tract of land, more or less, situated in the Moreau Forrest Survey,
Abstract No. 417, Denton County, Texas, and being more fully described in that Special
Warranty Deed dated March 12, 1996, from Eldon L. Hawes and Marion F. Hawes to
Eldon L. Hawes and Marion F. Hawes, as Trustees of The Eldon L. Hawes and Marion F.
Hawes Revocable Living Trust, filed for record on March 25, 1996, and recorded in
Clerk's File Number 96-R0019535, of the Real Property Records of Denton County,
Texas. Said 3.0 acre tract of land is commonly known as DCAD Property ID 37411.
b) Being a 3.2787 acre tract of land, more or less, situated in the Moreau Forrest
Survey, Abstract No. 417, Denton County, Texas, and being more fully described in that
Special Warranty Deed dated March 12, 1996, from Eldon L. Hawes and Marion F.
Hawes to Eldon L. Hawes and Marion F. Hawes, as Trustees of The Eldon L. Hawes and
Marion F. Hawes Revocable Living Trust, filed for record on March 25, 1996, and
recorded in Clerk's File Number 96-R0019534, of the Real Property Records of Denton
County, Texas. Said 3.2787 acre tract of land is commonly known as DCAD Property ID
37407.
5. Being a 26.5897 acre tract of land, more or less, situated in the Moreau Forrest Survey,
Abstract No. 417, Denton County, Texas, and being more fully described in that Special
Warranty Deed dated November 14, 2001, from Mary Sue Thompson to Sue Wyant
Shinier, filed for record on December 4, 2001, and recorded in Volume 4976, Page 5019,
of the Real Property Records of Denton County, Texas. Said 26.5897 acre tract of land is
commonly known as DCAD Property ID 37405.
6. a) Being a called 5.0 acre tract of land, more or less, situated in the Moreau Forrest
Survey, Abstract No. 417, Denton County, Texas, and being more fully described in
"Tract II" of that Warranty Deed dated February 16, 2007, from Douglas Prewitt and
Anna Kay Prewitt to Douglas Prewitt and Anna Kay Prewitt, Trustees of the Douglas
Prewitt and Anna Kay Prewitt Living Trust dated February 16, 2007, filed for record on
February 20, 2007, and recorded in Instrument Number 2007-20230, of the Real Property
Records of Denton County, Texas. Said 5.0 acre tract is commonly known as DCAD
Property ID 168297.
b) Being situated in the Moreau Forrest Survey, Abstract No. 417, Denton County,
Texas, and being the `First Tract' and the `Second Tract' of "Tract III", described in that
Warranty Deed dated February 16, 2007, from Douglas Prewitt and Anna Kay Prewitt to
Douglas Prewitt and Anna Kay Prewitt, Trustees of the Douglas Prewitt and Anna Kay
Prewitt Living Trust dated February 16, 2007, filed for record on February 20,2007, and
recorded in Instrument Number 2007-20230, of the Real Property Records of Denton
County, Texas, SAVE and EXCEPT the 14.00 acre tract shown in "Tract I" of the said
Warranty Deed recorded in Instrument Number 2007-20230, leaving a called 9.11 acre
tract that is commonly known as DCAD Property ID 37154.
C) Being 14.00 acres of land, more or less, situated in the Moreau Forrest Survey,
Abstract No. 417, Denton County, Texas, and being all of "Tract I", described in that
Warranty Deed dated February 16, 2007, from Douglas Prewitt and Anna Kay Prewitt to
Douglas Prewitt and Anna Kay Prewitt, Trustees of the Douglas Prewitt and Anna Kay
Prewitt Living Trust dated February 16, 2007, filed for record on February 20, 2007, and
recorded in Instrument Number 2007-20230, of the Real Property Records of Denton
County, Texas, SAVE and EXCEPT:
A 1.00 acre tract of land, more or less, situated in the Moreau Forrest Survey,
Abstract No. 417, Denton County, Texas, and being more fully described in the
Warranty Deed dated February 16, 2007, from Douglas Prewitt and Anna Kay
Prewitt to Douglas Prewitt and Anna Kay Prewitt, Trustees of the Douglas
Prewitt and Anna Kay Prewitt Living Trust dated February 16, 2007, filed for
record on February 20, 2007, and recorded in Instrument Number 2007-20229,
of the Real Property Records of Denton County, Texas. Said 1.00 acre tract of
land is commonly known as DCAD Property ID 98604.
Leaving a called 13.00 acre tract of land that is commonly known as DCAD Property ID
138160.
7. Being a 7.500 acre tract of land, more or less, situated in the Moreau Forrest Survey,
Abstract No. 417, Denton County, Texas, and being more fully described in that
Warranty Deed dated March 7, 1969, from Leon Mathis to Raymond Willingham and
wife, Olive A. Willingham, filed for record on March 10, 1969, and recorded in Volume
581, Page 117, of the Real Property Records of Denton County, Texas. Said 7.500 acre
tract of land is commonly known as DCAD Property ID 36761.
8. Being a 18.33 acre tract of land, more or less, situated in the Moreau Forrest Survey,
Abstract No. 417, Denton County, Texas, and being more fully described in that Special
Warranty Deed dated December 10, 1999, from Carl V. Naylor and wife, Deborah Jane
Naylor; Sandra Shelton and husband, Larry Joe Shelton; and C.T. Pat Powell and wife,
Rebecca L. Powell, to C.T. Pat Powell and wife, Rebecca L. Powell, filed for record on
December 30, 1999, and recorded in Volume 4496, Page 307, of the Real Property
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Records of Denton County, Texas. Said 18.33 acre tract of land is commonly known as
DCAD Property ID 37065.
9. a) Being a 3.392 acre tract of land, more or less, situated in the Moreau Forrest
Survey, Abstract No. 417, Denton County, Texas, and being more fully described in that
Warranty Deed dated July 21, 1981, from Susie May Mills to Robert M. Mills, filed for
record on July 22, 1981, and recorded in Volume 1089, Page 525, of the Real Property
Records of Denton County, Texas. Said 3.392 acre tract of land is commonly known as
DCAD Property ID 73929.
b) Being a 8.951 acre tract of land, more or less, situated in the Moreau Forrest
Survey, Abstract No. 417, Denton County, Texas, and being more fully described in the
"First Tract" of that Warranty Deed dated April 29, 1981, from Susie May Mills to
Robert M. Mills, filed for record on July 22, 1981, and recorded in Volume 1089, Page
517, of the Real Property Records of Denton County, Texas. Said 8.951 acre tract of land
is commonly known as DCAD Property ID 37218.
10. Being a 38.571 acre tract of land, more or less, situated in the Moreau Forrest Survey,
Abstract No. 417, Denton County, Texas, and being more fully described in that Special
Warranty Deed dated September 12, 1997, from Shaul C. Baruch, Trustee, to Jerry A.
Cooper and Margaret J. Cooper, filed for record on September 18, 1997, and recorded in
Clerk's File Number 97-R0065410 of the Real Property Records of Denton County,
Texas. Said 38.571 acre tract of land is commonly known as DCAD Property ID 37177.
11. a) Being a 19.549 acre tract of land, more or less, situated in the Moreau Forrest
Survey, Abstract No. 417, Denton County, Texas, and being more fully described in that
General Warranty Deed dated June 30, 1997, from Thomas O. Blucker and wife, Linda F.
Blucker, to Garry D. Castro and wife, Maria G. Castro, filed for record on July 15, 1997,
and recorded in Clerk's File Number 97-R0047739, of the Real Property Records of
Denton County, Texas. Said 19.549 acre tract is commonly known as DCAD Property
ID 192991.
b) Being a 5.916 acre tract of land, more or less, situated in the Moreau Forrest
Survey, Abstract No. 417, Denton County, Texas, and being more fully described in that
Warranty Deed with Vendor's Lien dated January 13, 1989, from Linda Susan Gates to
Garry D. Castro and Maria G. Castro, filed for record on January 19, 1989, and recorded
in Volume 2519, Page 81, of the Real Property Records of Denton County, Texas. Said
5.916 acre tract is commonly known as DCAD Property ID 37145.
12. Being a 3.331 acre tract of land, more or less, situated in the Moreau Forrest Survey,
Abstract No. 417, Denton County, Texas, and being more fully described in that Special
Warranty Deed dated August 2, 1991, from Texas Bank to James L. Meyer, filed for
record on August 12, 1991, and recorded in Volume 3038, Page 83, of the Real Property
Records of Denton County, Texas, SAVE and EXCEPT:
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The East 0.587 acres of a 1.00 acre tract of land situated in the Moreau Forrest
Survey, Abstract No. 417, Denton County, Texas, and described in the General
Warranty Deed with Vendor's Lien dated May 28, 1998, from James L. Meyer
to Troy S. Patton and wife, Leslie N. Patton, recorded in Volume 4109, Page
1626, of the Real Property Records of Denton County, Texas. Said 0.587 acre
tract of land is commonly known as DCAD Property ID 199259.
Leaving a called 2.744 acre tract of land that is commonly known as DCAD Property ID
162881.
13. a) Being a 2.0 acre tract of land, more or less, situated in the Moreau Forrest Survey,
Abstract No. 417, Denton County, Texas, and being more fully described in that
Warranty Deed with Vendor's Lien dated December 4, 1971, from B.B. Mills, et al, to
Jimmie D. Brown and wife, Reba Brown, filed for record on December 9, 1971, and
recorded in Volume 634, Page 579, of the Real Property Records of Denton County,
Texas. Said 2.0 acre tract of land is commonly known as DCAD Property ID 37223.
b) Being a 2.0 acre tract of land, more or less, situated in the Moreau Forrest Survey,
Abstract No. 417, Denton County, Texas, and being more fully described in that
Warranty Deed dated September 20, 1973, from H.L. Harris to Jimmie D. Brown and
wife, Reba E. Brown, filed for record on September 20, 1973, and recorded in Volume
686, Page 82, of the Real Property Records of Denton County, Texas, SAVE and
EXCEPT the following three (3) tracts of land:
1. A 0.344 acre tract of land, more or less, situated in the Moreau Forrest Survey,
Abstract No. 417, Denton County, Texas, and being more fully described in that
Warranty Deed dated February 21, 1985, from Jimmie D. Brown and wife, Reba E.
Brown, to Jimmie D. Brown, Jr. and wife, Brenda Danielle Brown, filed for record on
March 5, 1985, and recorded in Volume 1534, Page 805, of the Real Property Records of
Denton County, Texas. Said 0.344 acre tract of land is commonly known as DCAD
Property ID 161515.
2. A 0.344 acre tract of land, more or less, situated in the Moreau Forrest Survey,
Abstract No. 417, Denton County, Texas, and being more fully described in that
Warranty Deed dated May 9, 1986, from Jimmie D. Brown and wife, Reba E. Brown, to
Jeffery G. Brown, filed for record on May 12, 1986, and recorded in Volume 1882, Page
499, of the Real Property Records of Denton County, Texas. Said 0.344 acre tract of land
is commonly known as DCAD Property ID 121712.
3. A called 0.688 acre tract of land, more or less, situated in the Moreau Forrest
Survey, Abstract No. 417, Denton County, Texas, and being more fully described in that
Warranty Deed dated May 9, 1986, from Jimmie D. Brown and wife, Reba E. Brown, to
John C. Brown and wife, Shelia M. Brown, filed for record on May 12, 1986, and
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recorded in Volume 1882, Page 503, of the Real Property Records of Denton County,
Texas. Said 0.688 acre tract of land is commonly known as DCAD Property ID 131805.
Leaving a called 0.69 acre tract of land that is commonly known as DCAD Property ID
37221.
14. Being a 23.421 acre tract of land, more or less, situated in the Moreau Forrest Survey,
Abstract No. 417, Denton County, Texas, and being more fully described in that Special
Warranty Deed dated March 7, 1996, from Bobby E. Mullins to Brad Archer, filed for
record on March 7, 1996, and recorded in Clerk's File Number 96-R0015562, of the Real
Property Records of Denton County, Texas. Said 23.421 acre tract of land is commonly
known as DCAD Property ID 37206.
15. Being a 43.049 acre tract of land more or less situated in the Moreau Forrest Survey,
Abstract No. 417, Denton County, Texas, and being more fully described in that
Warranty Deed dated April 29, 2005, from Chris Helms, as Trustee of Trust #417, dated
October 15, 2001, to The Geesling Property Trust, Geesling Gassaway County, Inc., a
Nevada Corporation, as Trustee, filed for record on April 29, 2005, and recorded in
Instrument Number 2005-50246, of the Real Property Records of Denton County, Texas,
SAVE and EXCEPT that portion lying within the existing city limits, leaving a called
23.2405 acre tract that is commonly known as DCAD Property ID 200777.
16. Being a 13.131 acre tract of land, more or less, situated in the Moreau Forrest Survey,
Abstract No. 417, Denton County, Texas, and being more fully described in that
Warranty Deed with Vendor's Lien dated June 16, 2008, from Carl Naylor a/k/a Carl
Vassie Naylor and Deborah Naylor a/k/a Deborah Jane Naylor to Jerry D. Webb and
Janice F. Webb, filed for record on June 24, 2008, and recorded in Instrument Number
2008-69447, of the Real Property Records of Denton County, Texas. Said 13.131 acre
tract of land is commonly known as DUD Property ID 216784.
17. a) Being a 10.562 acre tract of land, more or less, situated in the Moreau Forrest
Survey, Abstract No. 417, Denton County, Texas, and being more fully described in that
Warranty Deed with Vendor's Lien dated November 23, 2005, from Standoff, Ltd., by
Stanley T. Firebaugh, Manager, to Jeffrey R. Weil, filed for record on December 13,
2005, and recorded in Cleric's File Number 2005-153966, of the Real Property Records
of Denton County, Texas. Said 10.562 acre tract of land is commonly known as DUD
Property ID 37106.
b) Being a 12.741 acre tract of land, more or less, situated in the Moreau Forrest
Survey, Abstract No. 417, Denton County, Texas, and being more fully described in that
Warranty Deed with Vendor's Lien dated September 5, 2004, from Tandy Watson and
Carol Watson to Jeffrey R. Weil, filed for record on September 20, 2004, and recorded in
Clerk's File Number 2004-123739, of the Real Property Records of Denton County,
Texas. Said 12.741 acre tract of land is commonly known as DCAD Property ID 37103.
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18. Being a 0.344 acre tract of land, more or less, situated in the Moreau Forrest Survey,
Abstract No. 417, Denton County, Texas, and being more fully described in that
Warranty Deed dated January 27, 1998, from John C. Brown and wife, Shelia M. Brown,
to Jeffery G. Brown and wife, Gina C. Brown, filed for record on March 23, 1998, and
recorded in Volume 4055, Page 284, of the Real Property Records of Denton County,
Texas. Said 0.344 acre tract of land is commonly known as DCAD Property ID 121712.
19. Being a 3.215 acre tract of land, more or less, situated in the Moreau Forrest Survey,
Abstract No. 417, Denton County, Texas, and being more fully described in that
Warranty Deed dated August 17, 1998 from Coy Rollins and wife, Charlie May Rollins, j
to William W. Butler and Sandra K. Butler, filed for record on September 3, 1998, and
recorded in Volume 4168, Page 1818, of the Real Property Records of Denton County,
Texas. Said 3.215 acre tract of land is commonly known as DCAD Property ID 206235.
20. Being a 40.0 acre tract of land, more or less, situated in the Moreau Forrest Survey,
Abstract No. 417, Denton County, Texas, and being more fully described in that
Warranty Deed with Vendor's Lien dated January 22, 1963, from Lee A. Phillips and
wife, Gwendolyn L. Phillips, to Coy Lee Rollins and wife, Charlie May Rollins, filed for
record on January 24, 1963 and recorded in Volume 489, Page 432, of the Real Property
Records of Denton County, Texas, SAVE and EXCEPT the following three (3) tracts:
1. A 30.9183 acre tract of land, more or less, situated in the Moreau Forrest
Survey, Abstract No. 417, Denton County, Texas, and being more fully described in that
Warranty Deed dated March 4, 1997, from Coy Lee Rollins and wife, Charlie Mae
Rollins, a/k/a Charlie May Rollins, to Teresa Flaggert, filed for record on March 5, 1997,
and recorded in Clerk's File Number 97-R0013855, of the Real Property Records of
Denton County, Texas. Said 30.9183 acre tract of land is commonly known as DCAD
Property ID 121504, DCAD Property ID 206234 and DCAD Property ID 200725.
2. A 3.215 acre tract of land, more or less, situated in the Moreau Forrest Survey,
Abstract No. 417, Denton County, Texas, and being more fully described in that
Warranty Deed dated August 17, 1998, from Coy Rollins and wife, Charlie May Rollins,
to William W. Butler and Sandra K. Butler, filed for record on September 3, 1998, and
recorded in Volume 4168, Page 1818, of the Real Property Records of Denton County,
Texas. Said 3.215 acre tract of land is commonly known as DCAD Property ID 206235.
3. A 3.940 acre tract of land, more or less, situated in the Moreau Forrest Survey,
Abstract No. 417, Denton County, Texas, and being more fully described in that
Warranty Deed dated August 17, 1998, from Coy Rollins and wife, Charlie May Rollins,
to Coy Mark Rollins and Carolyn J. Morrissey, filed for record on September 3, 1998,
and recorded in Volume 4168, Page 1828, of the Real Property Records of Denton
County, Texas. Said 3.940 acre tract of land is commonly known as DCAD Property ID
184757 and DCAD Property ID 206236.
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Leaving a called 1.785 acre tract of land that is commonly known as DCAD Property ID
37187.
21. Being a 12.894 acre tract of land, more or less, situated in the Moreau Forrest Survey,
Abstract No. 417, Denton County, Texas, and being more fully described in that
Warranty Deed dated August 17, 1998 from Coy Rollins and wife, Charlie May Rollins,
to Sandra K. Butler, filed for record on September 3, 1998, and recorded in Volume
4168, Page 1823, of the Real Property Records of Denton County, Texas. Said 12.894
acre tract of land is commonly known as DCAD Property ID 206234.
22. Being a 5.563 acre tract of land, more or less, situated in the Moreau Forrest Survey,
Abstract No. 417, Denton County, Texas, and being more fully described in that Special
Warranty Deed dated October 13, 1985, from B.B. Mills and wife, Ruth P. Mills, to
Patricia Mills Chandler, Buster Lee Mills, Jennifer Mills Horton Dickson, Ronald
Dwayne Mills, Nancy Mills Gray Meza Cathey and Pamela Mills Daugherty, filed for
record on October 16, 1985, and recorded in Volume 1743, Page 552, of the Real
Property Records of Denton County, Texas. Said 5.563 acre tract of land is commonly
known as DCAD Property ID 37220.
23. Being a 10.807 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
Warranty Deed dated July 3, 1980, from Arthur L. Vaughn, et al, to Frances Vaughn
Ashby, filed for record on December 12, 1980, and recorded in Volume 1050, Page 839,
of the Real Property Records of Denton County, Texas, SAVE and EXCEPT that portion
lying within the existing city limits, leaving a called 7.413 acre tract of land that is
commonly known as DCAD Property ID 38444.
24. (a) Being a 9.877 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
"Tract 1" of that Cash Warranty Deed dated January 22, 1999, from Arthur L.
Vaughn and wife, Octavia W. Vaughn, to Charles D. Mulkey, Vickie Lee Mulkey
McQueen, Connie Sue Mulkey McKeathen, Tracie Lin Mulkey Lou, Daniel L.
McQueen and Jack E. McKeathen, filed for record on February 11, 1999, and
recorded in Volume 4275, Page 1404, of the Real Property Records of Denton
County, Texas. Said 9.877 acre tract of land is commonly known as DCAD Property
ID 38440.
(b). Being a 3.793 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
"Tract 2" of that Cash Warranty Deed dated January 22, 1999, from Arthur L.
Vaughn and wife, Octavia W. Vaughn, to Charles D. Mulkey, Vickie Lee Mulkey
McQueen, Connie Sue Mulkey McKeathen, Tracie Lin Mulkey Lou, Daniel L.
McQueen and Jack E. McKeathen, filed for record on February 11, 1999, and
recorded in Volume 4275, Page 1404, of the Real Property Records of Denton
County, Texas. Said 3.793 acre tract of land is commonly known as DCAD Property
ID 38446.
25. Tract 143:
Being a 77.91 acre tract of land, more or less, situated in the Moreau Forrest Survey, Abstract
No. 417, Denton County, Texas, and being more fully described in the "Second Tract" of that
Warranty Deed with Vendor's Lien dated January 28, 1958, from Mrs. Lola Allison,
Independent Executrix and Trustee under the Will of Jack Skiles, Deceased, to David Mulkey,
filed for record on January 30, 1958, and recorded in Volume 435, Page 40, of the Real Property
Records of Denton County, Texas, SAVE and EXCEPT:
A 38.5075 acre tract of land, more or less, situated in the Moreau Forrest Survey,
Abstract No. 417, Denton County, Texas, and being more fully described in that
Executor's Deed dated November 9, 1993, from Charles David Mulkey, Independent
Executor of the Estate of Linda Lee Mulkey, Deceased, to Tracie Mulkey Yarbrough,
Connie Mulkey McKeathen and Vickie Mulkey McQueen, filed for record on November
10, 1993, and recorded in Clerk's File Number 93-R0081243, of the Real Property
Records of Denton County, Texas. Said 38.50575 acre tract of land is commonly known
as DCAD Property ID 37302.
And further SAVE and EXCEPT:
A 0.7237 acre tract of land, more or less, situated in the Moreau Forrest Survey, Abstract
No. 417, Denton County, Texas, and being more fully described in the Warranty Deed
dated April 9, 1984, from Charles Mulkey and wife, Linda Lee Mulkey, to David
Mulkey, filed for record on August 3, 1984, and recorded in Volume 1457, Page 300, of
the Real Property Records of Denton County, Texas. Said 0.7237 acre tract of land is
commonly known as DCAD Property ID 114124.
Tract 144:
Being a 63.39 acre tract of land, more or less, situated in the Moreau Forrest Survey, Abstract
No. 417, Denton County, Texas, and being more fully described in the "First Tract" of that
Warranty Deed with Vendor's Lien dated January 28, 1958, from Mrs. Lola Allison,
Independent Executrix and Trustee under the Will of Jack Skiles, Deceased, to David Mulkey,
filed for record on January 30, 1958, and recorded in Volume 435, Page 40, of the Real Property
Records of Denton County, Texas, SAVE and EXCEPT that portion lying within the existing
city limits; and further SAVE and EXCEPT:
A called 5.30 acre tract of land, more or less, , situated in the Moreau Forrest Survey,
Abstract No. 417, Denton County, Texas, and being more fully described in "Tract 1" of
that Executor's Deed dated November 9, 1993, from Charles David Mulkey, Independent
Executor of the Estate of Linda Lee Mulkey, Deceased, to Tracie Mulkey Yarbrough,
Connie Mulkey McKeathen and Vickie Mulkey McQueen, filed for record on November
10, 1993, and recorded in Clerk's File Number 93-R0081242, of the Real Property
Records of Denton County, Texas. Said 5.30 acre tract of land is commonly known as
DCAD Property ID 37308 and DCAD Property ID 159883.
Leaving a called 82.9768 acre tract of land, being Tract 143 and Tract 144, and is
commonly known as DCAD Property ID 37299.
26. (a) Being a 0.7237 acre tract of land, more or less, situated in the Moreau Forrest
Survey, Abstract No. 417, Denton County, Texas, and being more fully described in that
Warranty Deed dated April 9, 1984, from Charles Mulkey and wife, Linda Lee Mulkey,
to David Mulkey, filed for record on August 3, 1984, and recorded in Volume 1457, Page
300, of the Real Property Records of Denton County, Texas. Said 0.7237 acre tract of
land is commonly known as DCAD Property ID 114124.
(b) Being a 33.104 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
Warranty Deed dated October 31, 1972, from Oletha Burgoon to David Mulkey, filed for
record on November 17, 1972, and recorded in Volume 659, Page 674, and corrected in
Volume 1138, Page 222, of the Real Property Records of Denton County, Texas, SAVE
and EXCEPT that portion lying within the existing city limits; and further SAVE and
EXCEPT:
A 4.000 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 Cash Warranty Deed dated July 23, 1980, from David
Mulkey to McDonnell Enterprises, filed for record on July 25, 1980, and
recorded in Volume 1027, Page 93, of the Real Property Records of Denton
County, Texas. Said 4.000 acre tract is commonly known as DCAD Property
ID 78246 and DCAD Property ID 38436.
Leaving a called 25.43 acre tract of land that is commonly known as DCAD Property ID
38435.
27. (a) Being a 5.30 acre tract of land, more or less, situated in the Moreau Forrest
Survey, Abstract No. 417, Denton County, Texas, and being more fully described in
"Tract 1" of that Executor's Deed dated November 9, 1993, from Charles David Mulkey,
Independent Executor of the Estate of Linda Lee Mulkey, Deceased, to Tracie Mulkey
Yarbrough, Connie Mulkey McKeathen and Vickie Mulkey McQueen, filed for record on
November 10, 1993, and recorded in Clerk's File Number 93-R0081242, of the Real
Property Records of Denton County, Texas, SAVE and EXCEPT that portion lying
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within the existing city limits, leaving a called 3.27 acre tract of land. Said 3.27 acre tract
of land is commonly known as DCAD Property ID 37308.
(b) Being a 28.689 acre tract of land, more or less, situated in the Moreau Forrest
Survey, Abstract No. 417, Denton County, Texas, and being more fully described in
"Tract 2" of that Executor's Deed dated November 9, 1993, from Charles David Mulkey,
Independent Executor of the Estate of Linda Lee Mulkey, Deceased, to Tracie Mulkey
Yarbrough, Connie Mulkey McKeathen and Vickie Mulkey McQueen, filed for record on
November 10, 1993, and recorded in Cleric's File Number 93-R0081242, of the Real
Property Records of Denton County, Texas. Said 28.689 acre tract of land is commonly
known as DCAD Property ID 122017.
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s:\legal\ourdocuments\ordinances\11\db Exhibit D
ORDINANCE NO. 2011-137
AN ORDINANCE ADOPTING A SERVICE PLAN FOR AN AREA OF LAND TO BE
ANNEXED TO THE CITY OF DENTON, TEXAS, PURSUANT TO AN ANNEXATION
PLAN, GENERALLY IDENTIFIED AS DH-12 CONSISTING OF APPROXIMATELY 1,167
ACRES LOCATED SOUTH OF EAST UNIVERSITY DRIVE, EAST OF NORTH MAYHILL
ROAD, NORTH AND SOUTH OF BLAGG ROAD, NORTH AND SOUTH OF MILLS ROAD
AND EAST AND WEST OF SOUTH TRINITY ROAD, AND MORE SPECIFICALLY
IDENTIFIED AND DEPICTED IN EXHIBIT "A" ATTACHED HERETO, WHICH AREA IS
ADJACENT TO AND ABUTS THE EXISTING CITY LIMITS OF THE CITY OF DENTON,
TEXAS; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, pursuant to Section 43.052, Subchapter C, Texas Local Government Code,
a home rule city is authorized to annex certain areas within its annexation plan; and
WHEREAS, Section 43.0560), Subchapter C, Texas Local Government Code requires
that a preliminary service plan be prepared for the provision of full municipal services to the area
proposed to be annexed, be made available for public inspection and be explained to the
inhabitants of the area to be annexed at public hearings; and
WHEREAS, the City of Denton's preliminary service plan was prepared, made available
for public inspection and explained to the inhabitants of the area to be annexed at public
hearings; and
WHEREAS, Section 43.0562, Subchapter C, Texas Local Government Code requires the
City to negotiate the proposed provision of services contained in the preliminary service plan
with a committee of five representatives appointed by the Denton County Commissioners Court;
and
WHEREAS, said negotiations were held between the City and the County-appointed
committee; and
WHEREAS, said negotiations did not result in any modifications to the preliminary
service plan attached hereto as Exhibit "A"; and
WHEREAS, the City Council of the City of Denton finds that the preliminary service
plan is in the best interests of the health, safety and general welfare of the citizens of the City of
Denton, Texas and of the citizens of DH-12; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this Ordinance
are incorporated herein by reference.
SECTION 2. The City Council finds that the preliminary service plan attached hereto as
Exhibit "A" is complete and adopts it as its official service plan for DH-12 pursuant to Sections
43.056(a) and (k), Subchapter C, Texas Local Government Code.
s:llegallour documentslordinances1111dh-12 service plan adoption ordinance.docs:llegallour documentslordinances11l1dh-12 service plan
adoption ordinance.doc
SECTION 3. Should any paragraph, section, sentence, phrase, clause or word of this
Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance
shall not be affected thereby.
SECTION 4. This Ordinance shall be become effective upon final passage by the City
Council. viday PASSED AND APPROVED this the of , 2011.
RK A. UG, S, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: tett
AP OVEIS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
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EXHIBIT A
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CITY OF DENTON SERVICE PLAN
DH-12
Original Offer
1. AREA ANNEXED
The area to be annexed encompasses approximately 1,154 acres of land and is bounded by
current city limits on all sides; north, south, east and west. It is located south of E. University
Drive, east of N. Mayhill Road, north and south of Blagg Road, north and south of Mills Road,
and east and west of S. Trinity Road. The area is an unincorporated pocket located within City
of Denton's Extraterritorial Jurisdiction (ETJ), Division 1, and is identified as DH-12. The
proposed annexation contains multiple owners. A general description of the area is attached.
II. INTRODUCTION
This service plan has been prepared in accordance with the Texas Local Government Code,
Sections 43.021; 43.065; and 43.056(b)-(o) (Vernon 2008, as amended). Municipal facilities and
services to the annexed areas described above will be provided or made available on behalf of
the City of Denton in accordance with the following plan. The City of Denton shall provide the
annexed tract the levels of service, infrastructure, and infrastructure maintenance that are
comparable to the levels of service, infrastructure, and infrastructure maintenance available in
other parts of the City of Denton with similar topography, land use, and population density.
M. 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.
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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.
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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. Emer enc 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 CIP and/or yearly fiscal
budgetary allotments by the City Council.
Roadway signage and associated posts will be replaced in priority of importance
starting with regulatory signs, then warning signs, then informational signs and in
conformance with fiscal allotments by the City Council. If a sign remains, it will
be reviewed and placed on the City's inventory listing for routine replacement.
All exiting signs will be reviewed for applicability and based upon an engineering
study. New signs will be installed when necessary and based upon an engineering
study.
Routine maintenance of road/street markings will be placed on a priority listing
and scheduled within the yearly budgetary allotments by the City Council.
E. Parks, Plavarounds, Swimming Pools
Residents within the areas annexed may utilize all existing park and recreation
facilities, on the effective date of this ordinance. Fees for such usage shall be in
accordance with current fees established by ordinance.
As development commences in these areas, additional park and recreation
facilities shall be constructed based on park policies defined in the Park Master
Plan and as specified in the Park Dedication and Development Ordinance. The
general planned locations and classifications of parks will ultimately serve
residents from the current City limits and residents from areas being considered
for annexation.
F. Publicly Owned Facilities
Any publicly owned facility, building, or service located within the annexed area,
and not otherwise owned or maintained by another governmental entity, shall be
maintained by the City of Denton on the effective date of the annexation
ordinance.
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G. Other Services
Other services that may be provided by the City of Denton, such as municipal and
general administration will be made available on the effective date of the
annexation. The City of Denton shall provide level of services, infrastructure, and
infrastructure maintenance that is comparable to the level of services,
infrastructure, and infrastructure maintenance available in other parts of the City
of Denton with topography, land use, and population density similar to those
reasonably contemplated or projected in the area.
IV. ENTERPRISE ACTIVITY (UTILITY CUSTOMER) SERVICES
A. Solid Waste
Solid Waste and Recycling Collection Services will be provided to the newly
annexed property immediately upon the effective date of the annexation at a level
consistent with current methods and procedures presently provided to similar
areas within the city. Private solid waste collection service providers operating in
the affected area immediately prior to annexation and currently providing
customers with service may continue to provide their existing service for up to 2
years in accordance with Texas Local Government Code.
B. Wastewater Facilities
The proposed annexation areas are within the City of Denton Sewer Service Area
as defined by Certificate of Convenience and Necessity (CCN) Number 20072 as
issued by the Texas Commission on Environmental Quality (TCEQ).
As development commences in these areas, sanitary sewer mains will be extended
in accordance with the provisions of the City's codes, ordinances and regulations.
City participation in the costs of these extensions shall be in accordance with
applicable City ordinances and regulations. Capacity shall be provided consistent
with the characteristics of topography, land utilization, and population density of
the areas.
Sanitary sewer mains and lift stations installed or improved to City standards
within the annexed areas which are located within dedicated easement, rights-of-
way, or any other acceptable location approved by the City Engineer, shall be
maintained by the City on the effective date of this ordinance.
Operation and maintenance of wastewater facilities in the annexed areas that are
within the service area of another water utility will be the responsibility of that
utility. Operation and maintenance of private wastewater facilities in the annexed
area will be the responsibility of the owner,
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C. Water Facilities
The proposed annexation areas are within the City of Denton Water Service Area
as defined by Certificate of Convenience and Necessity (CCN) Number 10195 as
issued by the Texas Commission on Environmental Quality (TCEQ).
Connections to existing City of Denton water distribution mains for water service
will be provided in accordance with existing City ordinances and policies. Upon
connection to existing distribution mains, water service will be provided at rates
established by city ordinance.
As new development occurs within these areas, water distribution mains will be
extended in accordance with Denton's Codes, ordinances and utility service
policies, City participation in the costs of these extensions shall be in accordance
with Denton's codes and ordinances. Water service capacity shall be provided
consistent with the characteristics of topography, land use and population density
of the area.
Operation and maintenance of water facilities in the annexed area that are within
the service area of another water utility will be the responsibility of that utility.
Existing developments, businesses or homes that are on individual water wells or
private water systems will be allowed to continue to remain on these systems until
a request for water service is made to the City. These requests for service will be
handled in accordance with the applicable utility service line extension and
connection policies currently in place at the time the request for service is
received.
V. UNIFORM LEVEL OF SERVICES IS NOT REQUIRED
Nothing in this plan shall require the City of Denton to provide a uniform level of full municipal
services to each area of the City, including the annexed area, if different characteristics of
topography, land use, and population density are considered a sufficient basis for providing
different levels of service.
VI. TERM
This service plan shall be valid for a term of ten ('10) years. Renewal of the service plan shall be
at the discretion of City Council.
VII. AMENDMENTS
The service plan may be amended if the City Council determines at a public hearing that changed
conditions or subsequent occurrences make this service plan unworkable or obsolete. The City
Council may amend the service plan to conform to the changed conditions or subsequent
occurrences pursuant to Texas Local Government Code, Section 43.056.
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