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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 �.� 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, � .,� ..���.���� � ..� e,. ���� �.� .�w� � � �"� � � � ��� �.d � 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 �. � z � � � � 0 m 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. 5