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2015-188s:\iegal\our documents\ardi'�ances\i5\paa3 aniiexing parcei.dac ORDINANCE NO. 201 S-1 gg AN ORDINANCE ANNEXING AN AREA OF LAND TO THE CITY OF DENTON, TEXAS, GENERALLY IDENTIFIED AS PAA3 OF APPROXIMATELY 209.15 ACRES (LESS THOSE PARCELS IDENTIFIED 1N EXHIBIT "C") LOCATED ON THE SOUTH SIDE OF GANZER ROAD; EAST AND WEST OF BARTHOLD ROAD; NORTH OF FM 1173; WEST OF I-35, 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 FEWER THAN 100 SEPARATE TRACTS OF LAND ON WHICH ONE OR MORE RESIDENTIAL DWELLINGS ARE LOCATED ON EACH TR.ACT; PROVIDING FOR 1NCLUSION OF A SERVICE PLAN 1N THIS ORDINANCE; EXCLUDING PROPERTIES WITHIN PAA3 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 43.061, Subchapter C-1, Local Government Code, a home rule city is authorized to annex certain areas that are not required to be in an annexation plan; and WHEREAS, this annexation is under the annexation procedures for areas exempted from an annexation plan pursuant to Tex. Loc. Gov't Code section 43.052(h); and WHEREAS, the Denton City Council finds that there are fewer than 100 separate tracts of land on which one or more residential dwellings are located on the PAA3 tract in the area to be annexed; and WHEREAS, the Denton City Council i"inds 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, all required notices, including written notice of intent to annex said area to each property owner, each public entity and each railroad company within said area as required by Section 43.062, Subchapter C-1, Local Government Code, and all public hearings and requirements for such annexation have been had in accordance with applicable law; and WHEREAS, the City has prepared a service plan for the area to be annexed in accordance with Tex. Loc. Gov't Code section 43.056 providing for full municipal services to such area, which service plan was made available to the public and explained at the scheduled public hearings; 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 s:\legal\our documents\ordinances\15\paa3 annexing parcel.doc WHEREAS, the City Council, by prior action, has approved certain non-annexation agreements executed by eligible property owners within PAA3; 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 PAA3 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 PAA3; 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 PAA3, 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 PAA3 and previously approved by the City, 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. A service plan prepared in accordance with applicable provisions of state law pertaining to annexation 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. Page 2 s:\legal\our documents\ordinances\15\paa3 annexing parcel.doc SECTION 5. This Ordinance shall be become effective upon iinal 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 PAA3. AND IT IS SO ORDERED. Passed by the City Council on 1 St reading this I� day of _� , 2015. nd � ��' m��.�� . � 2015, Passed by the City Council on 2 reading this day of � .m��. - �- � ��.�.. �� ,1, �� , "`"�,.. �� ,,�� .�. ..� _ ° ....... ....� C,'L �l�S� WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY � � BY: . � .._. ... '� .�_ ��.��..... ,��, � �� AS ��"C�� LEGAL FORM: ANITA BURGESS, CITY ATTORNEY � � � ` ��" �� s �� BY . � �� ., � f�� . ,.. _. ____-_ � �� ...... �.. � � .�� ..�.� r � , �� W�+ �� o�li�a ; I i�� „� W �� ° �:. � � � �� Page 3 EXHIBIT "A" Annexation Tract PAA3 (Page 1 of 3) BEGINNING at a point on the presen# Denton city limits line, described as the southwest corner of an annexation tract established and described in Ordinance 1985-246 and further described therein as being on the centerline of F.M. 1173; THENCE North 87° 57' East, along the center line of F.M, 1173 and a]ong the present Denton city limit line as established in said Ordinance 1985-246 a distance of 310.5 feet to a point for corner; THENCE North 89° 39' East, along the center line of F.M. 1173 and along the present Denton city limit line as established in said Ordinance 1985-246 a distance of 2,153.5 feet to a point for corner, said point also lying 500 feet west of and perpendicular to the center ]ine of Interstate Highway 35, said point also being on the westerly line of a City of Denton annexation tract established and described in Ordinance l R69-40 (Tract VC); THENCE South 02° 57' East, parallel to and S00 feet west of the center line of Interstate Highway 35, same being the present Denton �i�� li�r�ik �in� ��tx��alii��i �nc1 c��c�a"�ta��d i�� Ordinance 1969-40 (Tract V1), a distance of�� "�:�4 �c� ��at�a��G fc�r ��ar'd��', ��r� ��si�� 1y�� on the south right-of-way line of F.M. 1173 ��r� ��I�a� ��r�� s��n"�� '�� '��" of Denton annexation tract established and d��ai��c� ir� ��'��ir�K'�s�� (��i"--�� ;r��9��i� ,�-:� therein); ' THENCE South 89° 19' S4" West along the south right-of-way line of F,M. 1173, same being the north line of said City of Denton annexation tract established, described and depicted in Ordinance 2007-268 (Bxhibit A and Exhibit A-3 therein), a distance of 1,841 feet to a point for a corner; "I 1-II��I�;� �tau4�� ° Q7' 35" West along the south right-of-way line of F.M, 1173, same h��i�a�; �� a�k.i� [ara� of said City of Denton annexation tract established and described in C;7��it��t�� '9�-��"i8 (Exhibit A therein}, a distance of 99.83 feet to a point for a corner; THENCE North 88° 37' 44" West along the south right-of-way line of F.M. 1173, same being the north line of said City of Denton annexation trac[ established and described in Orctinance 2007-268 (Exhibit A therein), a distance of 401.49 feet to a point for a corner; THENCE North 84° 33' 28" West along the south right-of-way line of F.M. 1173, same being the north line of said City of Denton annexation tract established and described in Ordinance 2007-268 (Exhibit A therein), a distance of 100.64 feet to a point for a corner; ° THENCE North 87° 39' S9" West along the south right-of-way. line of F.M. 1173, same being the north line of said City of Denton annexation tract established and described in Ordinance 2007-268 {Exhibit �A therein), a distance of ],634.99 feet to a point for a corner, said point lying on the easterly right-of-way iine of the Kansas City Southern Annexation Tract PAA3 (Page 2 of 3) Railway (formerly Gulf, Colorado and Sante Fe Railroad Company}, said poin# also being the nortt►west corner of said �rdinance 2007-268 annexation tract; THENCE northwesterly, departing the existin� q��r�ti�z� t�i��^ �ii��it�� n�� courses and distances of the said easterly rail�'�a�� '��?�='�"��' ��p�� '� �� 9,591 feet to a point for a corner; said point k�+�� t�'�� t�r��tia�s� �.�i t��: ��ad ��t��'�� raiEroad right-of-way line and the south right a��" �v�ay' 6ia�a�: ��" ��a��g" '�!"�s� 1��'��_ THENCE in an easterly direction, along the courses and distances of the southerly implied right-of-way line of Ganzer West Road a total distance of 8,182 feet to a point for a corner, said point lying on the present Denton city limit line established and described by annexation Ordinance 1987-141; THENCE South O1° 58' East along the present Denton city limit line established and described by annexation Ordinance 1987-141, a distance of 922 feet to a point for corner, said point being the southwest corner of said Ordinance ] 987-141 annexation tract and also lying on the north line of a City of Denton annexation tract established and described in Ordinance 1969-40 (Tract VL); THENCE North 88° 53' West along the present Denton city limit line established and described by annexation Ordinance 1969-40 (Tract VI) a distance of 250 feet to a point for corner, said point lying 500 feet west of the said center line ii lnterstate Highway 35 and being the northwest corner of said annexation Ordinance 1969-40 (Tract VI); THBNCE South 00° 44' Easi parallel to and 500 feet west of said center line of Interstate Highway 35 and along the present Dentori city limit line established and described by annexation Ordinance 1969-40 (Tract Vi) a distance of b,087 feet to a point for corner, said point lying 500 feet west of the said center line of Interstate Highway 35 and being the northeast corner of said annexation tract e;stablished and described in Ordinance 19$5-246; THENCE North 89° 29' West along the present Denton city timit line established and described by annexation Ordinance 1985-246 a distance of 324.6 feet to a point for corner; THENCE South 89° 15' 40" West along the present Denton city limit line established and described by annexation Ordinance 1985-246 a distance of 1,000 feet to a point £or corner; ' TH�NCE North 89° 28' West along the present Denton city limit line established and described by annexation Ordinance 1985-246 a distance of 1,034.21 feet to a point for corner; Annexation Tract PAA3 (Page 3 of 3) THENCE South 00° 25' 30" West along the present Denton city limit line established and described by annexation Ordinance 1985-246 a disiance of 1,271.72 feet to a point for corner; TI-fENCE South 00° 42' West along the present Denton city limit line established and described by annexation Ordinance 1985-246 a distance of 426.35 to the POINT OF BEGINNING and containing 1,090 acres of land. FYhihit R `%�' ` � i' Q v c m � 1 1 � �...w,� �� , ,, 1 PAA-3 Exhibit "C" 1. Being 21 acres of land, more or less, situated in the S.L. Johnson Survey, Abstract No. 683, Denton County, Texas, more fully described in that Deed Without Warranty dated March 3, 2011, from HLHTE-Lyda Hill Trust, HLHTE-Alinda H. Wikert Trust and HLHTE-Albert G. Hill, Jr. Trust to H3H, LLC, a Texas limited liability company, filed for record on March 9, 2011 and recorded in Instrument Number 2011-22008 of the Real Property Records of Denton County, Texas. SAVE AND EXCEPT 4.74 acres of land, more or less, currently within the existing city limits, commonly known as DCAD Property ID 315333. Leaving 16.26 acres of land, more or less, commonly known as DCAD Property ID 315334. 2. Being Lot 12, Block 1 of Ganzer Estates, an Addition to Denton County, Texas, according to the map or plat thereof recorded in Cabinet M, Slide 78 of the Plat Records of Denton County, Texas, as described in that certain Warranty Deed with Vendor's Lien dated August 15, 1996, but to become effective August 16, 1996 from John Holley and Vaughn Andres, d/b/a H& A Investments to Kent E. Wolf and Lori A. Wolfe a/k/a Lori Ann Wolf. Said Lot 12, Block 1 of Ganzer Estates is commonly known as DCAD Property ID 185230. 3. Being 86.132 acres of land, more or less, situated in the S. Johnson Survey, Abstract No. 683, Denton County, Texas, and being more fully described in Tract 3 of that certain Warranty Deed with Vendor's Lien dated March 12, 1999 from Ellouise McDonnell to Harlan Properties, Inc., filed for record on March 15, 1999 and recorded in Volume 4296, Page 1246 of the Real Property Records of Denton County, Texas. Said 86.132 acres, more or less, is commonly known as DCAD Property ID 79416 and DCAD Property ID 37689, respectively. SAVE & EXCEPT: A 1.00 acre tract of land, more or less, situated in the S. Johnson Survey, Abstract No. 683, Denton County, Texas, and being more fully described in that certain Special Warranty Deed dated March 24, 2004 from Harlan Properties, Inc. to North Denton Pipeline, L.L.C., filed for record on April 23, 2004 and recorded in Instrument Number 2004- 51974 of the Real Property Records of Denton County, Texas. Said 1.00 acre tract of land, more or less, is commonly known as DCAD Properry ID 270484, 4. Being 294.026 acres of land, more or less, situated in the John W. Gibbons Survey, Abstract No. 446, the John Pearson Survey, Abstract No. 1049 and the S. Johnson Survey, Abstract No. 683, Denton County, Texas, and being more fully described in Tract 1 of that certain Warranty Deed with Vendor's Lien dated March 12, 1999 from Ellouise McDonnell to Harlan Properties, Inc., filed for record on March 15, 1999 and recorded in Volume 4296, Page 1246 of the Real Property Records of Denton County, Texas. Said 294.026 acres, more or less, is commonly known as DCAD Property ID 167644, DCAD Property ID 60428, DCAD Property ID 37686 and DCAD Properry ID 173412, respectively. SAVE & EXCEPT: A 7.873 acre tract of land, more or less, situated in the John Pearson Survey, Abstract No. 1049 and the S. Johnson Survey, Abstract No. 683, Denton County, Texas, and being more fully described in that certain Warranty Deed with Vendor's Lien dated to be effective June 18, 1999 from Harlan Properties, Inc, to Robert J. Sullivan and wife, Jennifer L. Sullivan, filed for record on June 28, 1999 and recorded in Volume 4369, Page 1796 and corrected in Volume 4382, Page 487 of the Real Property Records of Denton County, Texas. Said 7.873 acres, more or less, is commonly known as DCAD Property ID 208223. 5. Being a called 18.73 acre tract of land, more or less, situated in the John W. Gibbons Survey, Abstract No. 446, Denton County, Texas, and being all of the portion lying East of the Railroad of that certain South one-half (1/2) of a called 142.97 acre tract of land, described the Warranty Deed dated August 3, 1972 from Rosa Hopkins to Ballard Hopkins, filed for record on September 6, 1972 and recorded in Volume 654, Page 631 of the Official Public Records of Denton County, Texas. Said 18.73 acres, more or less, is commonly known as DCAD Property ID 60790. 6. Being a called 28.69 acre tract of land, more or less, situated in the John W. Gibbons Survey, Abstract No. 446, Denton County, Texas, and being all of the portion lying East of the Railroad of that certain North one-half (1/2) of a called 142.97 acre tract of land, described the Warranty Deed dated August 3, 1972 from Rosa Hopkins to Wayne W. Hopkins, filed for record on September 6, 1972 and recorded in Volume 654, Page 629 of the Official Public Records of Denton County, Texas. Said 28.69 acres, more or less, is commonly known as DCAD Property ID 167642. 7. Being Lot 15, Block 1, Ganzer Estates, a�a Addition to Denton County, Texas, according to the map or plat thereof recorded in Cabinet M, Page 78 of the Plat Records of Denton County, Texas, and being all that certain lot, tract or parcel of land described in that certain Assumption Warranty Deed dated August 28, 1998 from Lonnie J. Rodgers and wife, Yong Ja Rodgers to Jim R. Lawson and Martha A. Lawson, filed for record on August 28, 1998 and recorded in Volume 4164, Page 1446 of the Real Property Records of Denton County, Texas. Said Lot 15, Block 1, Ganzer Estates, is commonly known as DCAD Properry ID 185233. 8. Being 97.945 acres of land, more or less, situated in the John Pearson Survey, Abstract No. 1049, the S.L, Johnson Survey, Abstract No. 683, Denton County, Texas, and being more fully described in that certain Assumption Warranty Deed dated August 31, 2005 from Bobby Joe Meritt and wife, Jackie Meritt to Meritt Bois-D'-Arc Enterprises, Inc. and Meritt Buffalo Events, LLC, filed for record on September 7, 2005 and recorded in Instrument Number 2005-111889 of the Real Property Records of Denton County, Texas. SAVE & EXCEPT: 3.449 acres, more or less, situated in the John Pearson Survey, Abstract No. 1049, Denton County, Texas, described in that certain Quitclaim Deed dated October 17, 2006 from Meritt Buffalo Events, LLC to Bobby Joe Meritt, filed for record on October 26, 2006 and recorded in Instrument Number 2006-132653 of the Real Property Records of Denton County, Texas. The remaining 94.496 acres, more or less, is commonly known as DCAD Property ID 283913 and DCAD Properry ID 283909, respectively. 9. Being 2.50 acres of land, more or less, situated in the John Pearson Survey, Abstract No. 1049, the S.L. Johnson Survey, Abstract No. 683, Denton County, Texas, and being more fully described as the Save and Except Tract in that certain Assumption Warranty Deed dated August 31, 2005 from Bobby Joe Meritt and wife, Jackie Meritt to Meritt Bois-D'-Arc Enterprises, Inc. and Meritt Buffalo Events, LLC, filed for record on September 7, 2005 and recorded in Instrument Number 2005-111889 of the Real Property Records of Denton County, Texas. Said 2.50 acres of land, more or less, is commonly known as DCAD Property ID 60424 and DCAD Property ID 37682, respectively. 10. Being Lot 16, Block 1, Ganzer Estates, an Addition to Denton County, Texas, according to the map or plat thereof recorded in Cabinet M, Page 78 of the Plat Records of Denton County, Texas, and being all that certain lot, tract or parcel of land described in that certain Warranty Deed with Vendor's Lien dated to be effective September 2, 2005 from John D. Hesse and wife, Geri Hesse to Dale Wolf and wife, Kimberly Wolf, filed for record on September 13, 2005 and recorded in Instrument Number 2005-114453 of the Real Property Records of Denton County, Texas. Said Lot 16, Block 1, Ganzer Estates, is commonly known as DCAD Property ID 185234. EXHIBIT D CITY OF DENTON SERVICE PLAN 2015 Annexation I. AREA ANNEXED The areas to be annexed include approximately 620.86 acres of land contained in eight (8) areas. Four annexation areas consist of approximately 478.78 acres, generally located in northwestern quadrant of the City of Denton's Extraterritorial Jurisdiction (ETJ), Division 1, and are identified as PAA1, PAA2, PAA3, and PAA4. The remaining four areas include approximately 142.08 acres of land, and are unincorporated ETJ pockets located within the body of the City of Denton's corporate limits, and identified as DH2, DH3, DH4, and DH. These areas are depicted in the attached location map along with a general description of each area. 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. 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. 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. Emer�encv Medical Service The Denton Fire Department (DFD) safety services to the annexation areas. will provide the following emergency and 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. 2 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 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. E. Wastewater Facilities All 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. F. Water Facilities PAA1, PAA4, DH-1, DH-2, DH-3, DH-4, DH-5, DH-6, DH-8, DH-10, DH-11, DH-13, and DH-14 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). PAA2S and PAA3 annexation areas lie 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). Bolivar Water Supply Corporation is dually certified in portions of this area under CCN Number 11257. 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 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 fscal 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. 4 H. Parks, Plav�rounds, 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 defned 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. IVa UNIFORM LEVEL OF SERVICES IS NOT RE UIRED 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. V. 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. VI. 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.