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EFFECTIVE
DATE. 111
WHEREAS, pursuant to Section 43.052, Subchapter C, Texas Local Government Code, a
home rule city is authorized to annex certain area in the 3 -year annexation plan; and
WHEREAS, the City of Denton approved a 3 -year annexation plan in 2010 under
Ordinance 2010-093; and
WHEREAS, certain areas of land in the City were designated agricultural, wildlife
management, or timberland use and therefore were excluded from the City's 3 -year annexation
plan, which said properties are listed in and more specified described in Exhibit A and illustrated
in Exhibit B attached hereto and incorporated by reference herein ("Property"); and
WHEREAS, the properties, consisting of property identification numbers 37299, 37308,
114124, and 122017, are included in Non -Annexation Agreements pursuant to Section 212.172 of
the Texas Local Government Code in order to retain the land in the City's extraterritorial
jurisdiction in exchange for the property owner's covenants not to develop the property and to
consent to annexation of the Property upon breach or termination of said agreement; and
WHEREAS, on December 18, 2012, the City of Denton City Council adopted an ordinance
(2012-363) providing for acceptance of eligible non -annexation agreements for agricultural,
wildlife management or timberland use properties within an area generally identified as DH -12;
and
WHEREAS, Section 5 of the non -annexation agreements states that the agreement is
deemed void in part if a property owner files any application or plan of development for or
otherwise commences development of any portion of the subject property inconsistent with the
Development Plan provided in Section 2 of the non -annexation agreements. Section 1 and Section
3 of the non -annexation agreements shall thereupon become null and void. Thereafter the City
may initiate annexation of the subject property pursuant to TLGC, or other such provisions
governing voluntary annexation of land as may then exist; and
WHEREAS, the property owner, The Woodlands on McKinney St, LLC, submitted a Pre -
Development Meeting application on December 13, 2016, for�the purposes of developing the
Property inconsistent with the Development Plan provided in Section 2, which is a breach of the
Non -Annexation Agreement; and
WHEREAS, upon the property owner's breach of the Non -Annexation Agreement the City
has sent notice of its intent to annex the Property under Section 43.062, Subchapter C-1, Texas
Local Government Code; and
WHEREAS, the applicant, Brent L Murphree, on behalf of the property owner, The
Woodlands on McKinney St, LLC, submitted a petition for annexation to annex the Property; and
WHEREAS, two public hearings were held with the City Council on June 13, 2017, and
June 20, 2017, which were noticed in accordance with Section 43.063, Subchapter C-1, of the
Texas Local Government Code; 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 July 18, 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, the Denton City Council hereby deems it to be in the best interests of the citizens
of the City of Denton to pursue annexation of the Property; and
WHEREAS, a second reading of the ordinance and final action on the annexation was
taken at the City Council meeting on August 22, 2017, NOW, THEREFORE,
1111111 C 11 11
SECTION 1. The land described and depicted in Exhibit A and Exhibit Q, attached hereto
and incorporated herein by reference, is annexed to the City of Denton, Texas and official maps
of the City of Denton shall be updated to reflect this annexation.
SECTION 2. The service plan adopted and approved by Ordinance 2011-137, attached as
Exhibit C incorporated herein, which provides for the extension of municipal services to the
annexed properties within DH -12 of the 2010 Annexation Plan, is made a part hereof for all intents
and purposes.
SECTION 3. 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 4. This ordinance shall be effective immediately upon its passage.
PASSED AND APPROVED this the d day of A ..o 14,& , 2017.
l- _ ..
11 A„1I” MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APP , �u", TO LEGAL FORM:
AARON LEAL, INTERIM CITY ATTORNEY
BY:
Exhibit A
FIELD NOTE DESCRIPTION
118.041 ACRES
BEING a tract of land situated in the Moreau Forest Survey, Abstract Number 417, in the City of
Denton, Denton County, Texas and being a portion of that tract of land conveyed to Charles David
Mulkey according to the document filed of recorded in Volume 435, Page 40 of the Deed Records
of Denton County, Texas, and being a portion of that tract of land conveyed to Tracie Mulkey
Yarbrough, Connie Mulkey McKeathen and Vickie Mulkey McQueen, according to the document
filed of record in County Clerk File Number 2012-146251, Real Property Records of Denton
County, Texas and being all that tract of land conveyed to Tracie Mulkey Yarbrough, Connie
Mulkey McKeathen and Vickie Mulkey McQueen according to the document field of record in
County Clerk File Number 96-0021068, Real Property Records of Denton County, Texas, said
tract being more particularly described as follows;
BEGINNING at point in the west line of Trinity Road, a 60 -foot right-of-way, for the most
southerly southeast corner of the tract of land described herein;
THENCE North 83°40'43" West, a distance of 1484.92 feet to a point for corner;
THENCE South 1'5 l'OO" West, a distance of 822.18 feet to a point for corner in the north line of
that tract of land described in Cause Number 86-129, Official Public Records of Denton County,
Texas;
THENCE North 54°49'37" West, with said north line, a distance of 597.24 feet to a point for
corner at the beginning of a non -tangent curve to the right, having a radius of 5479.50 feet, a central
angle of 3°38'00" and a chord bearing and distance of North 53°00'37" West, 347.42 feet;
THENCE with said north line and curve to the right and are distance of 347.48 feet to a point for a corner;
THENCE North 51°11'37" West, continuing with said north line, a distance of 712.47 feet to a
point for corner;
THENCE North 2°36'49" East, leaving said line, a distance of 1044.40 feet to a point for corner;
THENCE South 87°58'53" East, a distance of 1424.55 feet to a point for corner;
THENCE North 2°24'19" East, a distance of 1232.07 feet to a point for corner;
THENCE South 88021'43" East, a distance of 863.84 feet to a point for corner;
THENCE South 1'42'27" West, a distance of 702.71 feet to a point for corner;
THENCE South 88°14'50" East, a distance of 322.02 feet to a point for corner;
111111[111��p
THENCE South 2'0533 West, a distance of 1281.99 feet to the POINT OF BEGINNING and
containing 118,041 acres (5,141,849 square feet) of land, more or less.
This document was prepared under 22 TAC §663.21, does not reflect the results of an on the
ground survey, and is not to be used to convey or establish interests in real property except those
rigMM4-jan- ��L* Whm*reation or reconfiguration of the boundarrA of the
political subdivision for which it was prepared.
Exhibit B
Exhibit C
CITY OF DENTON SERVICE PLAN
DH -12
October 11, 2011
I. AREA ANNEXED
The area to be annexed encompasses approximately 1,154 acres of land and is bounded by
current city limits on all sides; north, south, east and west. It is located south of E. University
Drive, cast of N. Mayhill Road, north and south of Blagg Road, north and south of Mills Road,
and east and west of S. Trinity Road. The area is an unincorporated pocket located within City
of Denton's Extraterritorial Jurisdiction (ETJ), Division 1, and is identified as DH -12. The
proposed annexation contains multiple owners. A general description of the area is attached.
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 fumish 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. Emergency 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, 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. 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 pant 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,
E. Parks, Playgrounds, 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 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.
F. 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
maintained by the City of Denton on the effective date of the annexation
ordinance.
G. Other Services
Except as provided in Section V.A and V.D.
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. ENTERPRISE ACTIVITY (UTILITY CUSTOMER) SERVICES
A. 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,
B. Wastewater Facilities
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.
C. Water Facilities
Except as provided in Section V.B and V.C.
4
The proposed 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).
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.
V. ADDITIONAL SERVICES
A. Non -Annexation Agreements — The City has agreed to offer Non -
Annexation Agreements to eligible property owners in DH -12 for a term to
last seven years. Eligible property owners are those individuals who currently
receive an agricultural, wildlife management, or timber land property tax
exemption on their property. From the effective date of the annexation,
currently projected as May, 2013, the seven year Non -Annexation Agreement
will extend the time period for non -annexation to 2020, The City will receive
non -annexation agreements from eligible property owners up to May 31,
2012,
B. Water service along Mills Road Properties from Mayhill to Trinity
including Cunningham —The City offers to design and construct public water
access lines including all taps from the water line up to the private property
line based on specific provisions. The total project will include survey,
design, construction, staking, installing of taps and testing and inspection
during construction. The city will extend water service to interested residents
based on the following provisions:
1. Each homeowner that wishes to connect to the city's public water supply
system is willing to pay for a pro rata charge based upon a proportional
share of the waterline extension cost and the number of water customers
that wish to participate in the project and obtain water service to their
property. The proportional share of the cost of the waterline will be based
upon fifty (50%) of the total project cost divided by the number of Single
Family Equivalents (SFEs) that originally participate in a given project,
These pro rata costs will be based upon the number of SFEs that are
determined by the City for all property owners including single family
homes and any non residential property owners that wish to participate in
the project. The project costs will be determined by cost estimates
provided by the City and will be based upon current costs at the time of
construction. The size of any waterline project will be based upon the
feasibility to connect to existing city waterlines, a project that can be
constructed as a standalone project and a project that is sufficiently
supported by interested property owners that desire water service and are
willing to pay for their pro rata share of the Iine extension costs as
described in this section (items 1- 9).
2. The City agrees to extend the water line as indicated provided, before the
start of the project, there is sufficient participation by property owners to
cover at least 50% of the project cost through pro rata fees prior to
construction of the project.
3. Homeowners are responsible for paying meter set fees and water impact
fees required for all new connections to the City's water system prior to
construction of the project.
4. Homeowners connecting to the City's public water system shall physically
and permanently remove from the private water well service to any
structure, residential or otherwise, that is served by City water service. The
homeowner will allow the City to conduct a customer service inspection
for each home connect to the City's water system as required by State law.
5. Homeowners connecting to the City's public water system shall be
responsible for their private service line and re -plumbing of their
house/property to connect to the city water meter to be located within the
street right of way.
R
6. Any easements needed from private property to construct the public water
system must be donated by the property owner to the City at no cost to the
City,
7. City will establish a Pro -Rata Agreement to recoup the cost of the water
line in the future from the lots that initially do not tie to the City water
line.
a, A property that does not initially connect to the City's public water
supply system but later requests a connection, will be assessed a
pro rata charge based upon the same methodology describe in this
section plus associated tap fees, Water Impact fees will also be
required based upon the City's current Water Impact fees at the
time of connection.
b. The city reserves the right to asses a frill cost recovery pro rata to
future customers to recover the city's cost share in the waterline if
the property develops though the subdivision of the property into
additional lots or the property changes land use in a manner that
results in a significant increase in water demand from a single
family residence. This full cost recovery pro rata would be
determined and would apply when the property develops and
requests water service from the City in accordance to the City's
codes, ordinances, and regulations.
8. The City agrees to pursue alternate funding options to the benefit of the
property owners that may be available through the Community
Development Block Grant (CDBG) program prior to commencement of
the project,
a. The City also agrees to pursue alternate funding options for the
benefit of the property owners that may be available through
programs other than the CDBG program.
b. If a grant is obtained, it will be applied to the full project cost. Any
remaining fiends necessary (if any) to complete the project will be
based on the proportional share of cost approach as described in
this section,
7
9. City will extend this offer for extension of the water lines for a period of
five -years from the date of execution of annexation.
C. Water service along Blagg and Geesling Roads —The City offers to design
and constrict public water access lines including all taps from the water line
up to the private property line based on specific provisions. The total project
will include survey, design, construction, staking, installing of taps and testing
and inspection during construction. The city will extend water service to
interested residents based on the following provisions:
1. Each homeowner that wishes to connect to the city's public water supply
system is willing to pay for a pro rata charge based upon a proportional
share of the waterline extension cost and the number of water customers
that wish to participate in the project and obtain water service to their
property. The proportional share of the cost of the waterline will be based
upon fifty (50%) of the total project cost divided by the number of Single
Family Equivalents (SFEs) that originally participate in a given project.
These pro rata costs will be based upon the number of SFEs that are
determined by the City for all property owners including single family
homes and any non residential property owners that wish to participate in
the project. The project costs will be determined by cost estimates
provided by the City and will be based upon current costs at the time of
construction. The size of any waterline project will be based upon the
feasibility to connect to existing city waterlines, a project that can be
constructed as a standalone project and a project that is sufficiently
supported by interested property owners that desire water service and are
willing to pay for their pro rata share of the line extension costs as
described in this section (items 1- 9).
2. The City agrees to extend the water line as indicated provided, before the
start of the project, there is sufficient participation by property owners to
cover at least 50% of the project cost through pro rata fees prior to
construction of the project.
3. Homeowners are responsible for paying meter set fees and water impact
fees required for all new connections to the city's water system prior to
construction of the project.
4. Homeowners connecting to the City's public water system shall physically
and permanently remove from the private water well service to any
structure, residential or otherwise, that is served by City water service. The
homeowner will allow the City to conduct a customer service inspection
for each home connect to the City's water system as required by State law,
S, Homeowners connecting to the City's public water system shall be
responsible for their private service line and re -plumbing of their
house/property to connect to the city water meter to be located within the
street right of way.
6, Any easements needed from private property to construct the public water
system must be donated by the property owner to the City at no cost to the
City.
7. City will establish a Pro -Rata Agreement to recoup the cost of the water
line in the fiiture from the lots that initially do not tie to the City water
line,
a, A property that does not initially connect to the City's public water
supply system but later requests a connection, will be assessed a
pro rata charge based upon the same methodology describe in this
section plus associated tap fees. Water Impact fees will also be
required based upon the City's current Water Impact fees at the
time of connection.
b. The city reserves the right to asses a frill cost recovery pro rata to
future customers to recover the city's cost share in the waterline if
the property develops though the subdivision of the property into
additional lots or the property changes land use in a manner that
results in a significant increase in water demand from a single
family residence. This full cost recovery pro rata would be
determined and would apply when the property develops and
requests water service from the City in accordance to the City's
codes, ordinances, and regulations.
8, The City agrees to pursue alternate ftinding options to the benefit of the
property owners that may be available through the Community
Development Block Grant (CDBG) program prior to commencement of
the project,
a, The City also agrees to pursue alternate funding options for the
benefit of the property owners that may be available through
programs other than the CDBG program,
0
b. If a grant is obtained, it will be applied to the frill project cost. Any
remaining funds necessary (if any) to complete the project will be
based on the proportional share of cost approach as described in
this section.
9. City will extend this offer for extension of the water lines for a period of
five -years from the date of execution of annexation.
D, Zoning — The City cannot establish zoning as a component of the annexation.
However, if a DH -12 property owner desires to request a zoning change
within one-year of the date of annexation, the City will waive zoning
application fees. With the assistance and cooperation of the property owner,
the City will provide an analysis and recommendation to forward to the
Planning and Zoning Commission and City Council. Staff cannot guarantee
that a specific zoning request will be recommended or granted as a component
of the service plan.
E. Supplemental Information — The City is in receipt of supplemental
information from the Denton County Representatives related to the current
condition of certain County Roads as of July 28, 2011. This information
reflects more recent maintenance data as it relates to Blagg, Gessling, Mills,
Cunningham, Trinity, and Grissom. It is the desire of the County
Representatives to ensure that the City has this information since it will be
more current than the adopted Inventory of Services which was approved on
November 24, 2010.
VI. 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.
VII. 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.
VIII. 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.
10
City Representatives
Agree Disagree
JV IPA"t
Chuck zussell� - --------- ---
P.S. - sora
County Representatives
Wallace Batey Date
Jeff Dulin Date
Frank James Date
Ginger McCormick Date
Randal Smith Date
11
EXHIBIT 1
Proposed Annexation Area DH -12
DH -12 encompasses approximately 1,154 acres of land and is bounded by current city
limits on all sides; north, south, east and west. DH -12 is located south of E. University
Drive, east of N. Mayhill Road, north and south of Blagg Road, north and south of Mills
Road, and east and west of S. Trinity Road. This area is outlined in yellow on the aerial
map below.
12