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A18-0002d•� � � • � : !11 � � • � � • • r • � • � � . ��• . ;, � . • � r � � • � r : � r� �� •� � *•�r � • '� '•�� .� , �. . .,�.�; #. . . r � : r : , . � � � � : . ��• �r •� . �•• * • � � • � . � . �, . . � �, � . . . �, �.; . � •; � �� . �� . , � . . � . - . • � r - ,� - i - , � . � . � #'!' ` � /' �, ' . 1 � . ., �. .` . i-" -• : • �- �� •. ' " •'� • 1 � ♦� ', � � . . � � � * - " � � ' . . � ., � � � " ' � ., . . . ., . �; � � . . + �- .# -, + � #. .� # � . ' • 'r # • • ' • • � •� .� � # . • ��'' ! # � t � * . � � � � # '� � * , � � � _ � . � � � • . ! •': '• � ' � � � ' . • � '� . � � . � � s I' . � � � "... .. . �, # � .� � . �. � i � i..' � .. � . .... ♦ � . ... � ... �, I ..::. , .. .. � # ��. ��. ' � �. .." .. � ' �. r. � • " ", � ., � � �. ," . •� ��. �� " • . � . . � ' .: � ' #��. 1 � [ � • • ,' # ' �` . ; �.. �. �. . .. �. .� r �.. . � s ��.. •. .. � . �. �. . �� •�: •� '• �'� ..l: ! � • # ♦� �• i ' „ � • � • " ' •!' ' • /" � ' � �; y "�� .'� � "' ' • • ! • � � ' • • ! � •� ' ` • • "� •; "' � 1' • . ' ! ' " � • � 1 •' # � ' f I ' ' ' " ' ' � � �� . � � . . !' . . •' . �' # ` w � • � . . . . ! . "! ' ' f � • t - # : � . � � � . . � . � � � � ., � .� � � ., � �� . y; � � • ' . ' # �� • • ' " . � . • - . ��- � • • � � , � � # -• r • ' � *" * ' " � � " � . •'� .�'• � .� . �. � i • • . • , •' � i . '!; � � � . � • i • �" 1 ,' . . , .# �,, '•• � . . . .,� . '� # . ! +�. ��, .� � • � •' . " � � # .. �' ! � #�- 1 � i . � r : �: * .: . .. . � • .. . �� ,� ' • .... r. . . ' ' � •. : .. + .. � � . � , , .. ... ' f: � . . _ 1�. � ''. # 11' �" _ . � -�� .�.. � �- � �- -# �- , . "� •�� • #�� # � �� . '�#� � �# � � . �. t � . . • •' ! �. . �., . . � . . • . • �. � • � • . . , . , � * , . . *�_ • • •• THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS,. SECTIONwwwl. The recitals set forth above are found to be true, and incorporated herein by reference. SECTION 2. All Property legally described in Exhibit A, attached hereto and incorporated herein by reference, is hereby annexed into the City of Denton, Texas. Exhibit B is attached and incorporated for purposes of illustration only. SECTION 3. A service plan, prepared in accordance with applicable provisions of state law pertaining to annexation, is attached hereto as Exhibit C, approved, and incorporated herein for all intents and purposes, ��C� ��1� 4. The newly annexed Property shall be included within the corporate limits of the City of Denton, Texas, thereby extending the City's corporate lirnits and granting to all inhabitants of the newly annexed property all of the rights and privileges of other citizens; and bringing the inhabitants within the regulatory reach of all of the ordinances, resolutions, acts, and regulations of the City of Denton, Texas, (except to the limited extent entitled by State law, if applicable). A true and correct copy of this Ordinance shall be filed with the Denton County Clerk in the real property records of Denton County, Texas. 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, as well as any change in extraterritorial jurisdiction ("ETJ") which may result from such boundary extensions. SECTION 6. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of the provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 7. This ordinance shall be effective immediately upon its passage and approval. Pursuant to Section 1.03 of the Denton Charter and Chapter 43, Subchapter C-3, of the Texas Local Government Code, public hearings were held on this proposed annexation on September l lt" and 25t", 2018; THEREAFTER, this Ordinance was introduced upon first reading of the caption on October 16, 2018; THEREAFTER, this Ordinance was published once in the Denton Record-Chronicle, the offcial newspaper of the City of Denton, Texas; and was thereafter, l�1��,�?l� ,�N[� �f 1 i��;�'��s� �� tl�" e of no� 1�� cb��`��`N�� f�� , �� cla�t� �at ��;��t ��ii•I:� a �,, n > ��, ��:; �",��" a;l��y c�l `' � (30) days after said publication, by a vot ��j �r�"iN�� r�a�a��l��,r°�;A�� cs�"� the City Council, as tabulated below. The motion to approve this ordinance on second reading was made by passed�and ppr��""�. y..m --- --� secgnded � Y _____ � �� ..�"��".°��... ��'� �� .��.�`� _M and was oved b the followin vote "� �,� Chris Watts, Mayor: Gerard Hudspeth, District 1: Keely G. Briggs, District 2: Don Duff, District 3: John Ryan, District 4: Deb Armintor, At Large Place 5; Paul Meltzer, At Large Place 6: Aye Nay � � � a� � � ATTEST: JENNIFER WALTERS, CITY SECRETARY � � BY �' ��._.�� _��'�"��'��.��`��. ��:��, .� 1 APPROVED AS TO LEGAL FORM: C Abstain Absent �� h �, �� '��, � � � , � ��n�� W � . CHRIS W� ,�.m ��...MAYOR � ... � ................. _ �'" : � -,�. � � A . . � �. :�,,,, . BEING a tract of land situated in the N. BRITTON SURVEY, ABSTRACT NO. 51, the M. ROGERS SURVEY, ABSTRACT NO. 1080 and the J. WITHERS SURt1EY, ABSTRACT NO. 1343, City of Dentan, Denton County, Texas and being all of that tract af land described in Deed to Calvert Paving Carp., as recorded in Volume 1719, Page 924, Deed Records, Denton County, Texas and being all of thase tracts af land described as Tract Na. One, Tract No. Two and Tract No. Three in Deed to Calvert Paving Corp., as recorded in Volume 2115, Page 425, Deed Records, Denton Caunty, Texas and being more particularly described as fallows: CO ENCING at a 1/2 inch iron rod found in the east line of G.C.&S.F. Railroad, a 150 foot right-of-way, for the cammon northwest carner of that tract of land described in Deed to E.D. Calvert, as recorded in Document Na, 2006-102657, Deed Recards, Dentan Caunty, Texas and sauthwest corner af RYAN MEADOWS PHASE II, an Addition to the City of Denton, Denton County, Texas according ta the Plat thereof recorded in Document No. 2017-262, Plat Records, Denton County, Texas; T ENCE Narth 88 degrees 53 minutes 50 seconds East, with ihe sauth line of said Addition, a distance of 594.33 feet ta a 1/2 inch iron rod with a yellow plastic cap stamped "JVC" set for the POINT OF BEGINNING af the tract of land herein described, sa►d point being the common northeast corner of said E.D. Calvert tract and northwest carner of said Calvert Paving Corp. tract recorded in Volume 1719, Page 924; THEIVCE North $8 degrees 53 minutes 50 seconds East, continuing with said south line, a distance af 660.00 feet to a 1/2 inch iron rod with a yellaw plastic cap stamped 66JVC" set in the west line of that tract af land described in Deed to Ernest Ryan Higginbatham, as recorded in Dacument Na. 2003-206760, Deed Recards, Dentan County, Texas for the cammon southeast corner of said Addition and nartheast corner of said Calvert Paving Carp. tract recorded in Volume 1719, Page 924, fram which paint a 1/2 inch iron rod with a yellaw plastic cap found bears South 34 degrees 57 minutes 26 seconds West, 3.91 feet; THENCE South 00 degrees 41 minutes 39 secands East, with the camman east line of said Calving Paving Corp. tract recorded in Volume 1719, Page 924 and west line of said Ernest Ryan Higginbotham tract, a distance of 411.50 feet ta a 1/2 inch iron rad with a yellow plastic cap stamped 66JVC" set for the comman southwest carner af said Ernest Ryan Higginbotham tract and narthwest carner af the above mentioned Tract No. Three; THENCE North 88 degrees 50 minutes 44 seconds East, with the common north line of said Tract No. Two and south line af said Ernest Ryan Higginbotham tract, a distance of 1,2i6.88 feet to a 1/2 inch iron rad with a yellow plastic cap stamped 66JVC" set far the common nartheast corner of said Tract Na. Two and narthwest carner of that tract of land described as Tract 1 in Deed to Legal Description I I �� 1�� Tommie Dale Calvert, as recorded in Volume 3318, Page 908 (Valume 3318, Page 910), Deed Records, Denton County, Texas; T ENCE Southerly, with the east line of said Tract No. Two, the following three (3) courses and distances: South O1 degrees 18 minutes 11 seconds West, leaving said common line, a distance af 2,115.10 feet to a 1/2 ►nch iron rod with a yellow plastic cap stamped 66JVC" set for the southwest corner of that tract af land described as Tract 3 in Deed to Connie Ann Cardwell, as recorded in Valume 3318, Page 908 (Valume 3318, Page 910), Deed Recards, Dentan Caunty, Texas; North 86 degrees 53 minutes 11 seconds East, a distance af 10.30 feet to a 1/2 inch iron rad with a yellow plastic cap stamped "JVC" set far the narthwest corner af that tract af land described as Tract Na. One in Deed ta E.D. Calvert, Jr. and William Thomas Calvert, as recarded ►n Volume 1496, Page 921, Deed Records, Dentan County, Texas; South 02 degrees 50 minutes 49 seconds East, a distance of 469.$0 feet to a 1/2 inch iran rod with a yellow plastic cap stamped "JVC" set in the north line af Hickary Creek Road, a variable width right-of-way, for the cammon sautheast corner of said Tract No. Two and sauthwest corner of said Tract Na. One recorded in Volume 1496, Page 921; T ENCE South 88 degrees 58 minutes 11 seconds West, with said north llne, passing at a distance af 6.62 feet a mag nail found, and cantinuing in all for a total distance of 660.82 feet to a 1/2 inch iron rod with a yellow plastic cap stamped 66JVCg9 set in the east line of the above mentioned G.C.&S.F. Railroad for the southwest corner of the above mentioned Tract No. One recorded in Volume 2115, Page 425; THENCE Northerly, with said east line, the follawing three (3) caurses and distances: North 26 degrees 24 minutes 49 seconds West, leaving said north line, a distance of 885.76 feet to a 1/2 inch iron rod with a yellow plastic cap stamped "JVC99 set for carner at the beginning af a curve to the left having a central angle af 06 degrees 23 minutes O1 seconds, a radius of 10,500.00 feet and a chard bearing and distance ofNorth 32 degrees 3$ minutes 51 seconds West, 1,169,24 feet; Nartherly, with said curve to the left, an arc distance of 1,169.85 feet ta a 1/2 inch iran rod with a yellow plastic cap stamped "JVC" set for corner; North 35 degrees 19 minutes 58 seconds West, a distance af 646.97 feet to a 1/2 inch iron rod with a yellow plastic cap stamped "JVC" set for the southwest corner of the abave mentioned E.D, Calvert tract and northwest carner of said Tract No. One; Legal Description Page 2 of 3 * 4 4 �,, '... * . . / . . .. * � . � � .: * F � ..:. � � ` �... `. � � : ' ., � .. � �� 4 i ... ♦ ,:.... ! .�: ♦ , ... . ! i . . i ��. . � ` •'�. ` #�� ` ..: • #� ,.. • .� ', * . � � • �' . `' . ' � � � , i ` • ' +i#. . . � .� . . i , ♦ .. � ♦ ♦�. ,�, ' ♦, � " � * ��. ♦ i * *, ,. ♦ �. .. • � � . , . . t - + - • • . � . . � � • F • . . � . � � � i � ♦ . � * i �� i f '�� • ' f�� Legal Description Page 3 of 3 '� � 1 ! ` ' ' • � : III �• ' � I. AREA ANNEXED The area to be annexed is comprised of five (5) tract of lands, specifically located hetween Creekdale View Drive and Hickory Creek Road, east of the railroad tracks. This site is depicted in the attached lacation map along with a general descriptian 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 af Denton shall provide the annexed tract the levels of service, infrastructure, and infrastructure maintenance that are camparable to the levels of service, infrastructure, and infrastructure maintenance available in other parts af the City of Denton with similar topagraphy, land use, and population density. III. ,�� ",��m�'�N��aC"a� !'C�f�i�l+r1�'�"�" �i�"�P1�,�� '�"�+.� �iA;��VI[.°�`^,� A. Palice Protection Palice protection from the City af Denton Police Department shall be provided to the area annexed at a level consistent with current methads 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 af complaints and incident reports; 3. Special units, such as traffic enforcement, investigatians 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 af police services cansistent with the characteristics of topography, land utilization and population density of the areas. Upon ultimate development, police protection will be pravided at a level consistent with other similarly situated areas within the city limits. . Fire Protection The Denton Fire Department (DFD), specifcally Statian 6, will provide emergency and fre prevention services to the annexatian area. These services include: 1. Fire suppression and rescue; 2. Pre-hospital medical services including triage, treatment and transport by Advanced Life Suppart (ALS) fire engines, trucks and ambulances; 3. Hazardaus materials response and mitigation; 4. Emergency prevention and public education effarts; 5. Technical rescue respanse; 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 cammences in these areas, suffcient fire protection, including personnel and equipment will be provided to furnish these areas with the level of services cansistent with the characteristics af topography, land utilizatian and population density of the areas. It is anticipated that fire stations planned to serve areas currently within the City of Dentan will be sufficient ta serve areas now being considered far annexatian. Upon ultimate develapment, fire protection will be prav►ded at a level consistent with other similarly situated areas within the city limits. C. ��r�ac,�� c�. d'�6t°�I��l ;��.Wr��rwc;�: The Denton Fire Department (DFD) will pravide the follawing emergency and safety services to the annexation area. These services include: 1. Emergency medical dispatch and pre-arrival First Aid instructians; 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 pravided to the areas annexed at a level consistent with current methods and pracedures presently pravided to similar areas of the City of Dentan an the effective date of the ordinance. As develapment commences in these areas, sufficient EMS, including persannel and equipment will be pravided ta furnish these areas with the level of services consistent with the characteristics of topography, land utilization and papulatian 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 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 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 Commission on Environmental Quality (TCEQ). As development commences in these areas, sanitary sewer mains will be extended in accordance with the provisions of 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 Ordinance 2016-251, and 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 Ordinance 2016-251 and Denton's Codes, ordinances and utility service policies. City participation in the costs of these extensions shall be in accordance with Ordinance 2016-251and 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 po(icies 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 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 �scal 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. ��'",��^��, �I'"��v�;rrxw��a�;l� �a�v��u��i�u�� 4'<��>M�� Residents within the area 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 area, additional park and recreation facilities shall be constructed based on park policies defined in the Park Master Plan and as specified in Ordinance 2016-251 and the Park Dedication and Development Ordinance, The general planned locations and classifications of City parks will ultimately serve residents from the current City limits and residents from areas being considered for annexation. I. �'"�r��N�t,� C�w�war�� "�w��rE��,� 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. IVd UNIFORM LEVEL OF SERViCF.S I5 NOT REOUIRED 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. 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. L��tti, �SC' IP1°I�li' A�1�TIa°,XA'I°I�l�i T' C:'I' �6.446 ACIt�S � , f - .- � , � . �� r � f M '. ♦ � ', R . � ' � �' } � ,r � � 9 t � ',, R y � �, S,e�al i)escript:ic�ra C.'a�;� 1 of 3 Totrarn�� 7ale Calver�, as �ec�rd�d i�'Voflum� 331�, �age 90� (t%�I��me 3318, I'age 910}, I�eed 1[�ecords, I3enton �oursiy, 'C�xas; I'�T�II\'Ck� 3cauthe�•ly, avith the east li�e of`said'Tract Na. T'vvo, the %llowing three (3} cc�urses d ay�t��,C�s: South O1 de�ees I� minutas lI seconds VJest9 1�6YiylY1� Sc'�1CI CCB�fl°�O11,IY1�, a dista�ce of 2,115.10 feet to a 1/2 ia��h irc�n rod vvath �s yello�r plastic cap st�rnped "J�/�" set for the southwest corner ofthat t�°�act csf l�d descr�bed as T°ract 3 in L)eed tcs �onnie n�;��°ci�vell, �S x�Coraea �n ��iu�� r�, Page 968 (�(lolurne 3318, Yage 910}, D�ec� F�ecords, I)�nton �aurtiy, T'exas; Ss�t�th 02 de�•e�s 50 rninuY�s 49 seconds �asi, � distance of 469.&0 feat tcs a 1(2 inch �ron rod `ubtli a yellovv pl�.st�c cap st�trnp�d "JVG" set �n tlt� ��rth line oi°fIickory �reek Itoad, a variabl� vvidth r�gl�t�of-�nr�y, fc�e- the carr�rncan ss�utheast �orn�r a�'said Tract l�s�. Ta�o and so�rtlywest c�nie�• of said 'I's•act iVo. Cine recorded �c� �Iolurne 14J6, I'age 921; '1"II�IiT�L� �outh 88 degr�es 5� r�Hnutes 11 seccands West, �vith safd �s€�rth l°ane, passing at a ci�stanca of° 6,62 fe�t a enag nail found, and uc��4a��tti�g in all f'ar a total distan�e �at 66fl2. �2 f�et to a 1/2 inch iyon rod �vfth a yello�v plastic c�ap stamp�d "J�1�" set in the east line �f ihe ab�ve ra�eni°soned C's.�.�cS.F, It�alroad f`v�� the south�vest ccsrner of the abcsve rnentioned 'I'ract No. (Jne record�ci in t�olu�ne 2115, Page 425; �I` �I�T�.'�, I�TiDI"C.l'1'1�iI�, �r�th said east line, ihe %11ovJing thre€ (3} courses and d'tstan��s: 1Vorthea°Iy, vvith said ciirve to the lefi, ar� arc distanc� of' 1,169.85 feet to a 1/2 inch i�on raci �vith a yellow plastic c�p stamp�cl "J�1C" set for c�srner; ► + � Legal Descrrption �'�[�� °I'�I�liTC;`� �Torth &� d��r��s 54 ireaat�s 23 se�c�nds ��st, leavin� saYd ��st len�, a distanc� �af 140,68 f��t tca �a 1(2 �r�ch iran rod �rAth a y�ilo� pl tic; cap st€�rnp�d "JV�m' s�t far th� �orramorc soe�th��st carn�r af said E.T7. �alvert tr t areci saczth�rvesi �arn�r ofih� �bav� rner�tianed G�(v�rt Pavin� Ccarp. t�-act r��acd�d �n �1c�lcatn� 1719, P€ig� 924; 1'�3�iV�'� I�'orth 00 d�gr��s 41 ircut�s 39 seconds W�st, � dist�nc� csf 659.$9 f��t t� th� �CYII�'°i ��' �3�GII��TI�G and contaitti�� E6.446 aeres of larad, rnore car tess. ]GAa�g�� V:��a�¢�u°$�6ua�r°o ll'��c� :".� aa� :�