2017-157•'�
AN ORDINANCE OF THE CITY OF DENTON ANNEXING APPROXIMATELY 4.7 ACRE
OF LAND, GENERALLY LOCATED NORTH OF RYAN ROAD, WEST OF FM 2181
(TEASLEY LANE) AND LAKE FOREST GOOD SAMARITAN VILLAGE, AND EAST OF
COUNTRY CLUB ROAD, MORE SPECIFICALLY DESCRIBED IN EXHIBIT "A" AND
ILLUSTRATED IN EXHIBIT "B"; PROVIDING FOR A CORRECTION TO THE CITY MAP
TO INCLUDE THE ANNEXED LANDS; PROVIDING FOR A SAVINGS CLAUSE AND 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
the City desires to pursue annexation of a certain 4.7 acres of property located generally north of
Ryan Road, west of FM 2181, and east of Country Club Road, more commonly known as 1101 E
Ryan Road, and more particularly described in T xiiihit A attached hereto and incorporated herein
(the "Andrus Property"); and
WHEREAS, Section 43.035, Subchapter B, Local Government Code requires the City to
make offers of non -annexation development agreements to the owners of all properties which have
been appraised for ad valorem tax purposes as land for agricultural, wildlife management or
timberland within the area to be annexed; and
WHEREAS, under a non -annexation agreement between an eligible property owner and
the City, the land subject to the agreement retains its extraterritorial status and the owners of such
land must abide by the City's development regulations as if such land were within the City limits,
as provided further in such agreement; and
WHEREAS, the City has offered said non -annexation agreement for a one year term in
light of the rapid growth of the Denton area, the need to assure orderly growth, and the inadequate
land area currently within the Denton city limits; and
WHEREAS, on March 3, 2015, the City Council adopted Ordinance 2015-072, accepting
a Non -Annexation Agreement (NAA) for the Andrus Property, which was then extended for 120
and 90 days on March 1, 2016 and June 7, 2016, respectively; and
WHEREAS, the NAA expired on September 5, 2016 and the City sent the property owners
of the Andrus Property a notice of its intent to annex on October 6, 2016; and
WHEREAS, two public hearings were held with the City Council on March 7, 2017, and
March 21, 2017, which were noticed in accordance with Section 43.063, of the Texas Local
Government Code; 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 full municipal services to such area; and
WHEREAS, annexation proceedings were instituted for the property described herein and
the first reading of the ordinance was conducted at the City Council meeting on April 11, 2017;
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; and
WHEREAS, a second reading of the ordinance and final action on the annexation was
taken at the City Council meeting on May 16, 2016; and
WHEREAS, the Denton City Council deems it to be in the best interests of the citizens of
the City of Denton to pursue annexation of the Andrus Property; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The land described and depicted in Exhibit A and Exhibit B, attached hereto
and incorporated herein by reference, is annexed to the City of Denton, Texas.
SECTION 2. 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 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.
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. 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 6. This ordinance shall be effective immediately upon its passage.
PASSED AND APPROVED this the _ day of , 2017.
CHRIS WATTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
AIT.
AARON LEAL, INTERIM CITY ATTORNEY
BY:
All that certain lot, tract or parcel of land lying and being situated in the County of Denton, State
of Texas, and presently being embraced by the Denton city limit boundaries of record and
established by the annexation ordinances as follows: Ordinance 2001-090 and Ordinance 1973-
017; and being situated in the T. Peacock Survey, Abstract Number 1589 and the C. Poullalier
Survey, Abstract Number 1006 and being part of the 5.518 acre tract of land as described in the
deed to Jean Ann Baker and James Samuel Tull from Melbagene Tull Ryan as recorded by County
Clerk file number 2011-119346, Real Property Records, Denton County, Texas, and being more
particularly described as follows:
COMMENCING at a point in the centerline of Ryan Road and being the southwest corner of said
C. Poullalier Survey and the southeast corner of said T. Peacock Survey and being a corner of the
existing Denton city limits as established by Ordinance No. 2001-090 and being a corner of the
existing Denton city limits as established by Ordinance No. 1973-017;
THENCE North along the existing Denton city limits established by Ordinance No. 2001-090 and
Ordinance No. 1973-017, a distance of 30 feet to a point for a corner and a corner of said Denton
city limits established by Ordinance 2001-090 and being the point of beginning of the herein
described tract;
THENCE West along the north line of said Ryan Road and a north line of said Denton city limits
established by Ordinance 2001-090, a distance of 805.47 feet to a point for corner on the west line
of said 5.518 acre tract also being a corner of said Denton city limits established by Ordinance
2001-090;
THENCE North along a west line of said existing Denton city limits established by Ordinance
2001-090 and along the west line of said 5.518 acre tract a distance of 239.41 feet to a point for a
corner being the southwest corner of Lot 1, Block E of the Montecito Del Sur, an Addition to the
City of Denton, Denton County, Texas, according to the Plat thereof, recorded in Volume 9, Page
34, of the Plat Records of Denton County Texas and being the northwest corner of said 5.518 acre
tract, also being a corner of said Denton city limits established by Ordinance No. 1973-017;
THENCE North 88 degrees 14 minutes 27 seconds east, along a south line of said Montecito Del
Sur Addition and along a south line of said Denton city limits established by Ordinance No. 1973-
017 and along the north line of said 5.518 acre tract a distance of 832.73 feet to a point for a corner
and being a corner of said existing Denton city limits as established by Ordinance 1973-017 and
being the northeast corner of said 5.518 acre tract;
THENCE South 00 degrees 33 minutes 12 seconds cast, along the east line of said 5.518 acre tract
and along a east line of said Montecito Del Sur Addition and along said Denton city limits as
established by Ordinance 1973-017 a total distance 252 feet more or less to the POINT OF
BEGINNING and containing 4. 7 acres of land.
Exhibit C
CITY OF DENTON SERVICE PLAN
A16-0004 Andrus Property
I. AREA ANNEXED
The area to be annexed includes approximately 4.7 acres of land contained within the City of
Denton's Extraterritorial Jurisdiction (ETJ), Division 1. The proposed annexation contains one
tract and one property owner.
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 area 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. AlJ" A.1 01 1 11 111�'I It"1"1 +l WNIj,,R TAX "FI ;�v"lt` ESQ
A. Police Protection
Police protection from the City of Denton Police Department shall be provided to
the annexed area 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 this area, sufficient police protection, including
personnel and equipment will be provided to furnish this area with the level of
police services consistent with the characteristics of topography, land utilization
and population density of the area.
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 will provide emergency and fire prevention services
to the annexed area. 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 annexed area 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 this area, sufficient fire protection, including
personnel and equipment will be provided to furnish this area with the level of
services consistent with the characteristics of topography, land utilization and
population density of the area. It is anticipated that fire stations planned to serve
areas within the City of Denton will be sufficient to serve the area 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. UnierLY0,11ex-Medical "Service
The Denton Fire Department will provide the following emergency and safety
services to the annexed area. 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 annexed area 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 this area, sufficient EMS, including personnel and
equipment will be provided to furnish this area with the level of services
consistent with the characteristics of topography, land utilization and population
density of the area.
Upon ultimate development, EMS will be provided at a level consistent with other
similarly situated areas within the city limits.
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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
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 this area, 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 area.
Sanitary sewer mains and lift stations installed or improved to City standards
within the annexed area 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 area that are
within the service area of another wastewater 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 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 this area, 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.
M
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 area on the
effective date of the applicable ordinance of acceptance. Routine maintenance
will be provided within the annexation area 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 area
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. 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. Pla grounds. �wii� Pools
Residents within the annexed area 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 this area, 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 the area being considered for
annexation.
I. 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
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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 ordinance. 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.
V. 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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