2016-158s:Vegal\jade planning and zoning folders�20] 6.009 voluntary annexation from naa 2016\dh-14 annexing parcel ordinanceJade_040716_doc
ORDINANCE NO. � � � �"� ��� � �
AN ORDINANCE ANNEXING AN AREA OF LAND TO THE CITY OF DENTON, TEXAS,
GENERALLY IDENTIFIED AS AREA DH-14 OF APPROXIMATELY 2.1021 ACRES
LOCATED ON THE SOUTH SIDE OF ROBINSON ROAD; EAST OF THOROUGHBRED
TRAIL; WEST OF MARBELLA'S COURT, AND MORE SPECIFICALLY IDENTIFIED 1N
EXHIBIT "A" ATTACHED HERETO, WHICH AREA IS ADJACENT TO AND ABUTS THE
EXISTING CITY LIM�'i� �� THE CITY OF DENTON, TEXAS; EXTENDING THE CITY
LIMITS SO AS TO 1NCLUDE THE PROPERTY WITHIN THE CITY LIMITS; GRANTING
TO ALL THE 1NHABITANTS OF THE PROPERTY ALL THE RIGHTS AND PRIVILEGES
OF OTHER CITIZENS, AND B1NDING THE 1NHABITANTS TO ALL OF THE
ORDINANCES, RESOLUTIONS, ACTS, AND REGULATIONS OF THE CITY;
PROVIDING 1NCLUSION OF A SERVICE PLAN; PROVIDING FOR INSTRUCTIONS FOR
FILING THIS ORDINANCE AND CORRECTION OF THE OFFICIAL CITY MAP;
PROVIDING SEVERABILITY AND CONFLICT CLAUSES; AND PROVIDIN�G 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 under Tex. Loc. Gov't Code Sec. 43.052(h); and
WHEREAS, in 2010, the City gave notice of its intent to annex the area known as DH-
14, an area of land which abuts and is adjacent to the existing corporate limits of the City of
Denton, Texas, and is more particularly described in 1�J�:I�it�ii rr� and generally depicted in the
map in �+����i��a� 1�, both of which are attached hereto and incorporated herein, to the property
owner(s), each public entity and each railroad company within the area as required by Sec.
43.062, Tex. Loc. Gov't Code (in the event that there is a conflict in the exhibits, �������'����ai� �,
controls); and
WHEREAS, an offer of non-annexation development agreement was made to the
owner(s) of the property within DH-14, which had been appraised for ad valorem tax purposes as
land for agricultural, wildlife management or timberland as required by Section 43.035,
Subchapter B, Local Government Code; and
WHEREAS, the non-annexation development agreement executed between the property
owner(s) and the City has expired and the property is therefore subject to annexation; and
WHEREAS, the Denton City Council finds that the annexation of the property in DH-14
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, the City held two public hearings for annexation on March 1, 2016 and
March 3, 2016 pursuant to State law, and two readings of this annexation Ordinance in
accordance with the requirements of the Denton City Charter on April 5, 2016 and May 10,
2016; 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
s:\legal\jade planning and zoning folders�2016.009 voluntary annexation from naa 2016\dh-14 annexing parcel ordinance_jade_040716.doc
such area, which service plan was made available to the public and explained at the scheduled
public hearings; and
WHEREAS, the City desires to affirm that structures, uses and facilities pre-existing in
area annexed under this Ordinance, 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 Deaiton Development Code, to the extent it is applicable; 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 known as DH-14
as described herein; 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 hereby ANNEXES the area of land which abuts and is adjacent to
the existing corporate limits of the City of Denton, Texas, known as DH-14, as described in
Exhibits A and B.
SECTION_ 3. The newly annexed property shall be included within the corporate limits
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of the City of Denton, Texas, thereby extending the City's corporate limits and granting to all the
inhabitants of the newly annexed property all of the rights and privileges of other citizens and
binding the inhabitants to all of the ordinances, resolutions, acts, and regulations of the City. A
copy of this Ordinance shall be filed in the real property records of the Denton County Clerk and
with the Denton County Appraisal District.
SECTIONw 4. A Service Plan prepared in accordance with applicable provisions of state
law pertaining to annexation is attached hereto as Exhibit C and made a part hereof for all
intents and purposes.
SECTION 5. 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 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-14 or the previous legal annexation of properties existing in DH-14.
SECTION 8. This Ordinance shall be become effective upon iinal passage by the City
Council, and it is accordingly so ordained.
Page 2
s:\legal\jade planning and zoning folders�2016.009 voluntary annexation from naa 2016\dh-14 annexing parcel ordinance_jade_040716.doc
PASSED AND APPROVED this the ��„ day ����,,_ �,�w� �,_m� w, 2016.
ATTEST:
JENNIFER WALTERS, � `��"�:"l� i �'�'�:�Y
:
C'.� �����,.�°��'�"➢.,�, �.h.YOR
i� l�^; f���a TO LEGAL FORM:
l�°1�. W. DECURTIS, DEPUTY CITY ATTORNEY
BY: � �.�� �', � ,����.�` �'�� µ:�m,
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Page 3
EXHIBIT A
Annexation Tract DH14
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 ernbraced by the Denton city
limit boundaries of record and established by the annexation and disannexation ordinances as
follows; Ordinance 1965-43 (Tract 3), Ordinance 1978-28 (Exhibit C), Ordinance 1983-33,
Ordinance 1997-51, Ordinance 1999-347, and Ordinance 1999-383; and being rnore specifically
described as follows:
BEGINNING at a point in the southeast corner of the property described in Ordinance 83-033,
said point being near the northeast corner of Teasley Lane and Robinson Road, at the intersection
of the property described in Ordinance 65-43 and being 5 feet.east of the east right-of-way of
Teasley Lane;
THENCE, westerly along the north right-of-way line of Robinson Road to a point on the line,
described in Ordinance 78-28, Exhibit C;
THENCE, southerly along the line described in Ordinance 78-28, Exhibit C to a point on a line
described in Ordinance 97-051;
THENCE, North 86° 55' 29" West, 680.54 feet as described in the property described in
Ordinance 97-501, said point being at the northwest corner of said property and on a line on the
east side of the property described in Ordinance 99-347;
THENCE, north on the east line of the property described in Ordinance 99-347 to a point in the
center of Robinson Road as described in said ordinance;
THENCE, westerly along the centerline of Robinson Road as described in Ordinance 99-347 to
appoint being in the northwest corner of said property;
THENCE, northerly to the Point of Beginning
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EXHIBIT C
CITY OF DENTON SERVICE PLAN
ANNEXATION TRACT DH14
I. AREA ANNEXED
The area to be annexed includes land generally identified as area DH 14 of approximately 2.1021
acres located on the south side of Robinson Road; east of Thoroughbred Trail; and west of
Marbella's Court.
II. ��t'.�.,1�,�C�w:f'��1.��"'�"C���'�@��
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. a�i� i�,��..�,�����+�� I�'1�(�l'"1���"�"�" (l"4'�'�1;��, "L".,�� �l+,I���"l�"��.�ti
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. ��r���� �c���� C�"�e�����:��[ ���•v��^�
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.
Upon ultimate development, EMS will be provided at a level consistent with other
similarly situated areas within the city limits.
2
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
The DH-14 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
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.
H. ���t:rl�«� �'��� ���aw�����!'� �r�^������ira �����'���
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.
0
I. ��"����l.a���� � �r��rua��� �'���i�itiu��
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.
IV. l���l+��i�]"a�l ���«�'�"I�:�.� (��'����:�'�+C:"l�a�� ��"� �C�"�' ����` 1�����+�M�
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.
The servic pMn ma be am nded 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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