The URL can be used to link to this page

A17-0006dS:\Legal\Our pocuments\Ordinances\18\A17-0006 Annexation Ord.doex •''1 � # ' ��•� . �•� . � � � � . � .• .�� + - .•••# . � � . • � . � •. �; . � � . � • • � . � •#�� # � ' • •' • i � 1 '•�! � � . . � � � � � � • �� . . � . ; � � . . � •. � ; ; .. � � #. . �.. � � .. � � . � . � .;. � � �. . . . . ! � � � � 1l�. • . , . • - � . 1, . ,� - - , � , � - _ �r- - , � -, * - - . . -, , , - � -• -, • �- , , - . � , • . , •, � ' � . .•� . � , ., - , r - � �- , • . � ��- � - : • ' � �- - r -. . •- � � . - . • � , . . . � . • . -• _ , , � - . � . �� ' •' ! - . . • � ' r. . �- �-� . . '• - - # . • � •♦ . -� . . * _ . _ � �� w .� . 1 . � ,wr� -� ! • . _ 1 1 � • � •- � '- � - 1- - �� . , . . � � _ . � •- • �- . � � , - , r �r- - , - � , w • � r �- • �- -� � , - , � + . , -� r . . - � *�_ * . � _ � . , . , * , � . . •�- � - �- . _ _ , . .• -� • _ � � � • - . , � - ' ��- • . -w - r� •. � .-. . - .- , w-- - - , w . . • � r . � , . _ _ • - � � . . , r 1 : , � -r , 1': - - � -� . � •. - - �. � 1• � - - . • , ! _ •t' . � ' ` . , r_�, -w . - - �. • - - + �- . - -� . � w. - ' � # ' #!- - � � � t � � f + •. - —; * . -. , � � , � _ � � � "�* � . _, _� + , � ,�. *_ �.� . _ � � _ .. _ . • .' r + �. ". � * , .., � -. . .,. / + . .., , '. ,. � .. .�. .. # _ _.. : .. = • �. �. . �� • �' . i . � �� . � .�[. ..; � ��.:��.r '.... �'.`�� • �...: "�,�... . # ' .....� '... � ..... ....� ��f.'�!'�. _ ; + ,- ,, � ' � ' � � � � '-• + ' - -� � • !. • � � ! + � t � ! . '• `� � ", . . � � � c . ,. # * . . � �.. * �' - �' - - * ' ' � _ � / ., , + , � . � _ � * � . � + � . _ . ! � " � � , - , = , -, • � •• - � ' �' � � � � � � � � i � � / � SECTION 1. The land described and depicted in Exhibit "A" and Exhibit "B", attached hereto and incorporated herein by reference, is annexed into 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 inhabitants of the newly annexed property all of the rights and privileges of other citizens and binging 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 within 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 be affected thereby. SECTION 6. This ordinance shall be effective immediately upon its passage. PASSED AND APPROVED this the ��" ��,day of �� w 2018. �,o��,,� �� r' �` � �„,' C' �� l� 1 "� '�° t"�TT�� ---- ... ...._ ` � S, MAYOR � ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: ..�p�.�� .�....�� ,, �" w� �� .�..�� .� __... � APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY BY: �.� ��.,��,. ,�� d ��. � �. ��.�... ..... ��........ _ , ___ —�— »u ...... ....... M Exhibit A 0.30 ACRES Being all that certain lot, tract, or parcel of land lying and being si4ua4ed in Denton County, Texas, and being the portlon lying outside the approximate City Limits of Lot 1, Block A, Denton Creek Business Park, Phase I, according the Plat recorded in Cabinet X, Page 484, Plat Records, Denton County, Texas and being more fully described by metes and bounds as follows; COMMENCING at a capped iron rod found for the Northeast corner of said Lot 1 of said Block A and the Northwest corner of a tract of land described in a deed to Ultimate Properties, Inc., recorded in Instrument Number 2013-103853, Real Property Records, Denton County, Texas; THENCE South 00 Degrees 03 Minutes 53 Seconds East with the common line of said Lot 1, and said Ultimate Properties tract, 152.26 feet to the POINT OF BEGINNING; THENCE South 00 Degrees 03 Minu4es 53 Seconds East with the West line of said Ultimate Propertles, Inc. tract, 47.74 feet to a point, being the Northeast corner of Lat 6 of said Block A, the Southeast corner of safd Lot 1, and the Southeast corner of the herein described tract; THENCE South 89 Degrees 56 Minutes 07 Seconds West with the North line of said Lot 6 and the North line of Lat 2 of said Block A, 247.29 feet to a point in the East line of Old Alton Road, being the Southwest corner of said Lot 1, the Northwest comer of sald Lot 2, and the Southwest corner of the herein described tract, and being the beginning of a curve to the left whose long chord bears North 35 Degrees 52 Minutes 35 Seconds East, 90.23 feet; THENCE continuing along said curve with the East line af Old Alton Road, whose radius is 436.50 feet wi4h an arc length of 90.39 feet to a point in the West line of said Lot 1, being the Northwest corner of the herein described tract, and being the beglnning of a curve to the left whose long chord bears South 82 Degrees 38 Minutes 33 Seconds East, 195.97 feet; THENCE along said curve whose radius is 1342.65 feet with an arc length of 196.15 feet to the PLACE OF BEGINNING containing 0.30 acres of land more ar less. PAGE 1 OF 2 i Exhibit B 20' SANITARY SEWER EASEMENT PER PLAT VOL. 4905, PG. 449 �„, R.R.D.C.T. �� 4 �� __..W..� �.... ...� �, � .� ..� � �° �Y.E � �.'J�" �.. PER P��T �I �CM� � I ...... ...�. CAP/IRF I 30' B L PER PLAT �„m,... , �, ...... s �� ,�'"" 20' SANITARY SEWER EASEMENT VOL. 4880, PG. 1324 / VOL. 4912, PG. 831 VOL. 4880, PG. 1373 D.R.D.C.T. � � ,. � �� REMAINDER OF � �� POINT � /'� , LOT 1 S '�� , / '� C �i II �'� ��`� �. / �. c��c��-��+ ��rr��Cirv oF DENroN ��r�d��r��re� d �� ", � � 0 30...ACRES (�� t��rj �aa,�wd��r�� S �� ,, �� ¢ � A PART OF � � �� " � ,r m LOT 1 � W � �o / BLOCK A � d � � �___.. �_ �....... 20' ACCE��+_ . �....�a _ w. _. e. _ ._ _ .�� . .r. w.. �_�.. � � �� L�;�L:.AA�M1Ji PE� �LAi � t� POINT .,�"�°� :'' , 1 .' . . m� LOT 6 ........................................�,...........A,�.�...... ...._..�....................T.......,..,..................m._.......... .._ ........m.....�..........._.................................... �� ..._.....__..___ ._........_._...... _� . CURVE R DIUS ARC LENG H CHORD LENGTH CHORD BEARING DELTA ANGLE C1.. _ �...,... 42.65' 196.15' _.... . _ 195.9...__ __..— ,... _._� _� -- ....... �w� __ . 13 7' S 82°36'33" E 8°22'13" m __.. � ��. . 39 � 90 23 N 35 52 35 E 11 51 54 ....,C2 .... .43650.... ..., 90 ......_..... .... ........... ...... _.m _ ____..__�..._..... ..�.�_�.��..�m.� ......._._.., � X = POWER POLE � = FIRE HYDRANT N = WATER VALVE 0 = BURIED CABLE SIGN � = TRAF�IC SIGNAL CONTROLS e.� = gUILDING LINE u.e. = UTILITY EASEMENT s.w.e, = SIDEWALK EASEMENT Poe = POINT OF BEIGINNING cM = CONTROLING MONUMENT TM�-�� -•-�� = OVER-HEAD UTILITIES � .._._�..........� � ASPHALT . a'� ' = CONCRETE t � __ � �T��.�: � � 1 rr ,,.� r�� :'::��.�...� 0 2o ao u � 0 o U 0 w o?M w ❑vi� "' go�o� i ,�¢w�ci • N OZ�oCi � � �mwza � ��Q� � aoJz � � � 1 � ' ' . � III� : • ' �;,. . , . , � I. AREA ANNEXED The area to be annexed is one tract of land, specifically land located on the east side of Old Alton Road, south of the intersection of Old Alton Road and Teasley lane. This site is depicted in the attached location map along with a general description of the 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. • 1 � ' 1' '' �' , � , , ', A. Police Protection Police protection from the City of Denton Police Department shall be provided to the area 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 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 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 iire 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, Iq.��i��M F��t� l"'��i��.��1 �;��vi�a. The Denton Fire Department (DFD) will provide the following emergency and safety services to the annexation 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 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 EM5, 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. D. Solid Waste Solid Waste and Recycling Collection Services will be available to the newly annexed property irnmediately 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 irnmediately 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 located within the City of Denton Sewer Service Area as defined by Certificate of Convenience and Necessity (CCN) Number 20072 as issued by the Texas Comrnission 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 annexation area is located 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 rnains 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 area 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 area 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 allotrnents 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. ��"��i�� f"lax ��-��a��:1»� °,�;��u��N�� 1'�d��E�� N/A, this is a commercial property. I. �'��1��1;�� !��r��cl ��'�w��i�it��.� 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 4 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, UNIFORM LEVEL OF SERVI(�F� i� NOT R..F..,.ni7IRED 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. TE 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. 0 �� c ti � � �� • Being all that certain lot, tract, or parcel of land lying and being situated In Denton County, Texas, and being the porllon lying outside the approxlmate Clly Llmits of Lot 1, Block A, Denton Creek Buslness Park, Phase I, according lhe Plat recorded in Cabinet X, Page 484, Plat Records, Denton County, Texas and being more fully described by mefes and bounds as follows; COMMENCING at a capped iron rod found for the Northeast corner of sald Lot 1 of said Block A and the Northwest corner o/ a tract of lend described In a deed ta Ultimate Properties, Inc., recorded In Instrument Number 2013-103853, Real Property Records, Denlon County, Texaa; THENCE South 00 Degrees 03 Minutes 53 Seconds Eest with the common Ilne of said Lot 1, and aaid Ultimate Propertfes tract, 152.26 feet to the POINT OF BEGINNING; THENCE South 00 Degrees 03 Mlnutes 53 3econds East with the Weal line of said Ultimate Propertles, Inc. track, 47.74 feet to a point, being 4he Northeest comer of Lot 6 of sald Block A, the Soulheast comer of sald Lot 1, and the Southeast comer of the hereln described tPaCI; THENCE South 80 Degrees 58 Minutes 07 Seconds West wlth the North Ifne of said Lot 6 and the North Ilne of Lot 2 of said Block A, 247.29 feet to a polnt in the East Une of Old Alton Road, being the Southwest comer of safd Lot 1, the Northwest comer of sald Lot 2, and the Southwest comer of the hereln described tract, and being the baglnning of a curve to the left whose long chord bears North 35 Degrees 52 Mlnutes 35 Seconds East, 90.23 fee4; THENCE continuing along said curve wlth the East line of Old Alkon Road, whose radius Is 436.50 feel with an arc length of 90.39 feet to a point in the Wesl line of sald Lot 1, being the Northwest corner of the herein described tract, end being the beglnning of a curve to the left whose long chord bears 5outh 82 Degrees 3B Minules 33 Seconds East, 195.97 feet; THENCE along said curve whose radlus Is 1342.65 feet with an erc length of 196.15 feet to the PLACE OF BEGINNING conlalning 0.30 acres of land more or less. "��