2014-339s:\legal\our documents\ordinances\14\a14-0001.docx
ORDINANCE NO. 2014-339
AN ORDINANCE OF THE CITY OF DENTON ANNEXING 40.33 ACRES OF LAND,
MORE OR LESS, GENERALLY LOCATED ON THE WEST SIDE OF COOPER CREEK
ROAD, APPROXIMATELY 800 FEET SOUTH OF SILVER DOME ROAD AND
APPROXIMATELY 1,800 FEET NORTH OF M1NG0 ROAD MORE SPECIFICALLY
DESCRIBED AND DEPICTED 1N EXHIBITS "A" AND "B"; APPROVING A SERVICE
PLAN FOR THE SUBJECT PROPERTY AND TEMPORARILY PLACING THE PROPERTY
1N THE RURAL RESIDENTIAL — 5(RD-5) ZONING DISTRICT; PROVIDING FOR A
CORRECTION OF THE CITY MAP TO 1NCLUDE THE ANNEXED LANDS; PROVIDING
FOR A SAVINGS CLAUSE AND AN EFFECTIVE DATE.
WHEREAS, the property owner, Charles Byrom, has petitioned for annexation of the
subject property described and depicted in Exhibits "A" and "B", attached hereto and
incorporated herein by reference and;
WHEREAS, the property meets criteria of Section 43.028 of the Texas Local
Government Code related to petitions for annexation, and;
WHEREAS, the City Council accepted the petition to annex and directed staff to proceed
with preparing a service plan and annexation of the property after hearing the arguments for and
against annexation on May 6, 2014, and;
WHEREAS, staff prepared an inventory of existing service and a service plan for the
subject property and the service plan is attached as Exhibit "C", and;
WHEREAS, letters of intent to annex were sent to property owners and public and
private entities that provide services for the area as required by Section 43.062 of the Texas
Local Government Code on July 3, 2014, and;
WHEREAS, two public hearing were held with the City Council on August 5, 2014 and
August 19, 2014 which were noticed in accordance with Section 43.063, Subchapter C-1, of the
Texas Local Government Code, and ;
WHEREAS, the City Council found the proposed annexation to be in keeping with The
Denton Plan and the generally orderly growth of the City, and;
WHEREAS, annexation proceedings were instituted for the property described herein at
the City Council Meeting on September 9, 2014, and;
WHEREAS, this ordinance has been published in full one time in the official newspaper
of the City of Denton after annexation proceedings were instituted and thirty days prior to City
Council taking final action, as required by the City Charter; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The land described and depicted in Exhibits "A" and "B", attached hereto
and incorporated herein by reference, is annexed to the City of Denton, Texas and the official
maps of the City of Denton shall be updated to reflect this annexation.
SECTION 2. The service plan attached as Exhibit "C" and incorporated herein by
reference, which provides for the extension of municipal services to the annexed property, is
approved as a part of this ordinance.
SECTION 3. The property annexed herein is temporarily designated as a Rural
Residential5 (RD-5) zoning district until such time as the property is officially zoned.
SECTION 4. Should any part of this ordinance be held illegal for any reason, the holding
shall not affect the remaining portions of this ordinance and the City Council hereby declares it
to be its purpose to annex to the City of Denton all of the real property described and depicted in
Exhibits "A" and "B" regardless of whether any other part of the described property is hereby
effectively annexed to the City if any part of the real property annexed is already within the
limits of any other city, town or village, or is not within the City of Denton's jurisdiction to
annex, the same is hereby excluded from the territory annexed as fully as if the excluded area
were expressly described in this ordinance.
SECTION 5. This ordinance shall be effective immediately upon its passage.
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PASSED AND APPROVED this the ������ day of ������ �,��, _, 2014.
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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EXHIBIT A
Being all that certain tract of land situated in the Thomas H. Living Survey, Abstract
Number 729, Denton County, Texas and being all of a tract of land described in the
deed to C.L. Byrom and wife, Anita Byrom as recorded in Volume 308, Page 264 of the
Deed Records of said County, the subject tract as recognized and occupied on the
ground being more particularly described as follows:
BEGINNING at a'/2" iron rod found in the East Line of a tract of land described in a
deed to Windsor Oaks Residential Trust #59 as recorded in Document Number 2005-
103733, Real Property records of said County. Also being in the South line of a tract of
land described in a deed to Edward F. Wolski as recorded in Document Number 2004-
152076, Real Property Records of said County, and the Northwesfi corner of said Byrom
tract;
Thence South 88 degrees 42 minutes 55 seconds East with the North line thereof along
and near a fence a distance of 1217.92 feet to a bent 1/2" iron rod found in a road under
apparent public use posted as Cooper Creek Road for the Northeast corner of said
Byrom tract;
Thence South 02 degrees 45 minutes 58 seconds West with the East line thereof, along
or near the centerline of said road a distance of 1456.94 feet to a 5/8" iron rod found for
the Southeast corner of said Byrom tract;
Thence North 87 degrees 26 minutes 28 seconds West with the South line thereof,
along and near a fence, a distance of 1216.50 feet to a �/2" iron rod found for the
Southwest corner of said Byrom tract;
Thence North 02 degrees 43 minutes 30 seconds East with the West line thereof, along
and near a fence, a distance of 1429.86 feet to the place of beginning and enclosing
40.33 Acres, more or less.
EXHIBIT B
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EXHIBIT C
CITY OF DENTON SERVICE PLAN
2014 Annexation A14-0001
The areAREA ANNEXED
a to be annexed includes approximately 40.33 acres of land contained within the northeastern
quadrant of the City of Denton's Extraterritorial Jurisdiction (ETJ), Division 1. The proposed annexation
contains one owner and no residents.
This se INTRODUCTION
vice 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 traffc enforcement, investigations and special weapons;
and
4. Coordination with other public safety support agencies.
As development commences in these areas, sufficient police protection, including
personnel and equipment will be provided to furnish these areas with the level of police
services consistent with the characteristics of topography, land utilization and population
density of the areas.
Upon ultimate development, police protection will be provided at a level consistent with
other similarly situated areas within the city limits.
B. Fire Protection
The Denton Fire Department (DFD) will provide emergency and iire 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 fre 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. EmerEency 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, sufiicient 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.
Upon ultimate development, EMS will be provided at a level consistent with other
similarly situated areas within the city limits.
D. Solid Waste
Solid Waste and Recycling Collection Services will be provided to the newly annexed
properly 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.
E. Wastewater Facilities
The proposed annexation area is 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.
F. Water 1�����i:���icw�
The proposed annexation area is 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.
G. 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 defned 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 iiscal 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. 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.
H. Parks, P1avErounds, Swimmin� 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.
I. Publiclv 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.
J. 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.
III. 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.
IV. 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.
The serviM pND 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.