A20-0001dS:\Legal\Our Documents\Ordinances\20\A20-000 1-Sagebrook Municipal Service Agreement Ordinance.Docx
ORDINANCE NO . A20-000ld
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING A MUNICIPAL
SERVICES AGREEMENT, PURSUANT TO TEX. LOC. GOV. CODE SEC. 43.0672,
BETWEEN THE CITY AND SHARON LOSAK MCCUTCHIN, IN HER CAPACITY AS
TRUSTEE OF THE (I) TAMARA MCCUTCHIN SAXE TRUST AND (II) MCCUTCHIN
MARITAL NON EXEMPT TRUST, FOR THE PROVISION OF CITY SERVICES TO
APPROXIMATELY 131.94 ACRES OF LAND LOCATED GENERALLY SOUTH OF
ALLRED ROAD AND WEST OF FORT WORTH DRIVE; APPROVING A SCHEDULE OF
ANNEXATION ATTACHED AS EXHIBIT C; AUTHORIZING THE CITY MANAGER TO
EXECUTE THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. (A20-0001 -
Sagebrook)
WHEREAS, Doug Powell of McAdams, on behalf of the property owner, Sharon Losak
McCutchin, in her capacity as Trustee of the (i) Tamara McCutchin Saxe Trust and and (ii)
McCutchin Marital Non Exempt Trust, ("Owner") submitted a petition for voluntary annexation
of approximately 131 .94 acres of land in Denton County, Texas as described in Exhibit A attached
hereto and incorporated herein ("Property"); and
WHEREAS , the City must first negotiate a written services agreement with the owner of
the real property subject to a petition for voluntary annexation, pursuant to Tex . Loc. Govt. Code
Sec. 43.0672, that contains (1) the services that the City will provide on the effective date of the
annexation and (2) a schedule that includes the period within which the City will provide each
service that is not provided on the effective date of the annexation; and
WHEREAS , the City and Owner have come to an agreement about the provision of full
services to the Property following the annexation of the Property ; and
WHEREAS , the City Council of the City ofDenton finds it to be in the best interest of the
citizens of Denton to enter into a municipal services agreement with the Owner; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS :
SECTION 1. The findings and recitations contained in the preamble ofthis Ordinance are
incorporated herein by reference .
SECTION 2. The municipal services agreement, made in accordance with applicable
provisions of state law pertaining to annexation, is approved and attached hereto as Exhibit B and
is made a part hereof for all intents and purposes.
SECTION 3. The City Manager, or designee, is hereby authorized to execute the Agreement
and to carry out the duties and responsibilities of the City under the Agreement.
SECTION 4. The schedule of annexation attached hereto as Exhibit C is approved and
adopted for this annexation .
S:\Legal\Our Documents\Ordinances\20\A20-000 1-Sagebrook Municipal Service Agreement Ordinance.Docx
SECTION 5. Should any paragraph, section, sentence, phrase, clause or word of this
Ordinance be declared unconstitutional or inval id for any reason, the remainder of this Ordinance
shall be affected thereby.
SECTION 6. This Ordinance shall be effective immediately upon its passage and approval.
The motion to approve this ordinance was made by /(tfE""L-V 0 £JGt£r S and
seconded by VI2Ht1 £yt!I-N , the ordinance was passed and approved by
the following vote [2._-1J:
Mayor Chris Watts:
Gerard Hudspeth, District 1 :
Keely G. Briggs, District 2:
Jesse Davis, District 3:
John Ryan, District 4:
Deb Armintor, At Large Place 5:
Paul Meltzer, At Large Place 6:
Aye
.,(
·.!
I
/
Nay Abstain
P AS SED AND APPROVED this, the .li!ifJ day of /t~rKIZ(J , 2020.
c~ld;r
ATTEST:
ROSA RIOS, CITY SECRETARY
BY:_~
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
Page 2 of2
Absent
Exhibit A
Location Map
MUNI CIPAL SERVICES AGREEMENT
This Municipal Service Agreement ("Agreement") is entered into this J~lft day of
February, 2020, by and between and the City of Denton, a Texas home-rule municipality ("City"),
and Sharon McCutchin in her capacity as (i) Trustee for the Tamara McCutchin Saxe Exempt
Trust, and (ii) Trustee for the McCutchin Marita l Non-Exempt Trust ("Owner").
RECITALS:
WHEREAS, the City is currently classified as a Tier 2 municipality for purposes of
annexation under the Texas Local Government Code ("TLGC");
WHEREAS, Section 43.0671 of the TLGC pennits the City to annex an area if each
owner of land in an area requests the annexation;
WHEREAS, where the City elects to annex such an area, the City is required to enter
into a written agreement with the property owner(s) that sets forth the City services to be
provided for the Property on or after the effective date of annexation;
WHEREAS, the Owner owns one (I) tract of land, totaling approximately 146 acres of
land, approximately 131.94 acres in the City's extraterritorial jurisdiction, as described in Exhibit
A and depicted in Exhibit B, incorporated herein by reference ("the Property"); and
WHEREAS, the Owner has filed a written petition with the City for voluntary annexation
ofthe Property, identified as Annexation Case No. A20-0001 ("Annexation Case"); and
WHEREAS, the City and Owner desire to set out the City services to be provided for the
Property on or after the effective date of ann exation · and
WHEREAS, the Annexation Case and execution of this Agreement are subject to approval
by the Denton City Council.
NOW THEREFORE, in consideration of the mutual covenants, conditions, and promises
contained herein , City and Owner agree as follows:
1. PROPERTY. This Agreement is only applicable to the Property, which is the subject of the
Annexation Case.
2. INTENT. It is the intent of the City that this Agreement provide for the delivery of full,
available municipal services to the Property in accordance with state law, which may be
accomplished through any means perm itted by law.
3. MUNICIPAL SERVICES
Commencing on the effective date of annexation , City will provide the municipal services
set forth below. As used in this Agreement, "providing services" includes having services
provided by any method or means by which the City may extend municipal services to
any other area of the City, including City's infrastructure extension policies and developer
or property owner participation in accordance with applicable city ordinances, rules,
regulations, and policies.
A. Police
Police protection from City's Police Department shalt 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 develop ment 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), specifically Station 7, 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 fire protection, including personnel
and equipment will be provided to furnish these areas with the level of services consistent
with the characteristics oftopography, land utilization and population density of the areas.
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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 Medieal Service
The Denton Fire Department (DFD) will provide the following emergency and safety
services to the annexation area. These services include:
I. 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 oftopography, land utilization and population density ofthe areas.
U pon 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 Co11ection 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 immed iately 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 C ommission on Environmental Quality (TCEQ).
As development commences in these areas, sanitary sewer mains will be extended in
accordance with the provisions of the Denton Development Code, Water/Wastewater Criteria
Manual, 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 oftopography,land utilization, and population
density of the areas.
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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.
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 issu ed 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 the Denton Development Code, assoc iated Water/Waste
Water Criteria Manual , 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 w ith in these areas, water distribution mains will be extended,
and cost participation shall be in accordance with the Denton Development Code,
Water/Wastewater Criteria Manual, ordinances and utility service policies. 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 ofthat 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
Citywide basis and within the context of the City's Capital Improvement Plan and/or yearly
fiscal budgetary allotments by the City Council.
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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 w ithin the yearly budgetary allotments by the City Council.
H. Parks, Playgrounds, Swimming Pools
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 this area. additional park and recreation facilities shall be
constructed based on park policies defined in the Park Master Plan and other existing City
ordinances and policies. 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. 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 ofDenton on the effective date of the annexation ordinance.
J. Permitting and Ins pections
Permitting and Inspections shall be through the City of Denton as outlined in the Code of
Ordinances.
K. Other Services
Other services that may be provided by the City of Denton, such as municipal and general
administration wi ll be made available on the effective date of the annexation. The City of
Denton shall provide level of serv ices, infrastructure, and in frastructure 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.
4. AUTHORITY
City and Owner represent that they have full power, authority and legal right to execute,
deliver and perform their obligations pursuant to this Agreem ent Owner acknowledges
that approval of the Annexation Case is within the sole jurisdiction of the City Council.
Nothing in this Agreement guarantees favorable decisions by the City Council.
5. UNIFORM LEVEL OF SERVICES IS NOT REQUIRED
Nothing in this Agreement shall require City to provide a unifonn level of fulJ municipal
services to each area of the City , including the annexed area, if different characteristics of
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topography, land use, and population density are considered a sufficient basis for providing
different levels of service.
6. EFFECTIVE DATE; TERM
T he effective date of this Agreement is the date of the annexation of the Property. This
Agreement shall be valid for a term often (10) years from the Effective Date .
7. VENUE AND GOVERNlNG LAW
Venue shall be in the state courts located in Denton County, Texas or the United States
District Court for the Northern District of Texas. This Agreement shall be governed and
construed in accordance with the laws and court decisions ofthe State of Texas .
8. GOVERNMENTAL POWERS. It is und erstood that by execution of this Agreement,
City does not waive or surrender any of its governmental powers or immunities.
9. SEVERABILITY
In case any one or more of the provisions contained in this Agree ment shall for any reason
be held to be invalid, illegal, or unenforceable in any respect , such invalidity , illegality, or
unenforceability shall not affect any other provision thereof and this Agreement shall be
considered as if such invalid, illegal, or unenforceable provision had never been contained
in this Agreement.
10. COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be
deemed an original and constitute one and the same instrument.
11 . CAPTIONS
The captions to the various clauses of this Agreement are for informational purposes only
and shall not alter the substance of the terms and conditions of this Agreement.
12. SUCCESSORS AND ASSIGNS
The terms and conditions of this Agreement are binding upon the successors and assigns
of the Parties to this Agreement and stand as obligations running with the land until
satisfied in full , regardl ess of whether the Subject Property is developed as the
Development, or as any other alternative use.
13. ENTIRE AGREEMENT; AMENDMENT.
This Agreement constitutes the complete agreement of the parties to this Agreement and
supersedes all prior written agreements between the parties. This Agreement shall not be
amended unless executed in writing by both parties. The Parties stipulate that this
Agreement does not constitute a permit for development under Chapter 245 of the Texas
Local Government Code.
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The parties have executed this Agreement on the date first above written.
CITY OF DENTON, TEXAS
By:~----------~--r---~~
City Manager, Deputy
Representative
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
APPROVED AS TO LEGAL FORM:
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Exhibit A Location Map
8
Exhibit B
LEGAL DESC RIPTION
131.935 Acres
BEING all that certain lot, tract or parcel of land situated in the B.B.B. & C.R.R Company
Survey , Abstract No. 160, Denton County, Texas and being part of a called 147.58 acre tract of
land described in deed to Sharon McCutchin, Sole Trustee of the Tamara McCutchin Saxe
Exempt Trust and the McCutchin Non Exempt Trust. as recorded in Document Nos. 2009-95582
and 2013-9779 ofthe Official Records, Denton County, Texas and being more particularly
described as follows:
BEGINNING at a 112" capped rebar found, stamped "TNP", in and near the center of Allred
Road, said point being in the east line of a called 34.937 acre tract of land described in deed to
Angela Dominguez and Michael John Barber, as recorded in Volume 4357, Page 240, Real
Property Records, Denton County, Texas, being the northwest comer of said 147.58 acre tract,
and being the southeast comer of a called 22.32 acre tract of land described as Second Tract in
deed to Annie Laura Flowers, recorded in Volume 295, Page 617, Real Property Records,
Denton County, Texas, from which a 1/2" rebar found being the northwest comer thereof, being
in the south line of a called 917.60 acre tract of land described as Tract II in deed to Petrus
Investment L.P., recorded in Volume 4246, Page 574, Real Property Records, Denton County,
Texas, and being the northeast comer of said 34.937 acre tract;
THENCE N 89°59'20" E, with the south line of said 22.32 acre tract, and the north line of said
147.58 acre tract, a distance of 3509.66 feet to its intersection with the current City of Denton,
City Limit line, being 500.00 feet west of and perpendicular to the centerline of U.S. Highway
377;
THENCE S 27°30 ' 18" W, with the current City of Denton, City Limit Line, being 500.00 feet
west of and parallel to the centerline of U.S. 377, a distance of2123.14 feet to its intersection
with the south line of said 147.58 acre tract, being the north line of a called 93.95 acre tract of
land described in deed to Angela Dominguez and Michael Barber, recorded in Document No.
2004-11388, Official Records , Denton County , Texas;
THENCE S 88°46'25" W, with the south line of said 14 7.58 acre tract, and passing the
northeast comer of, a called 13.64 acre tract of land described in deed to Angela Dominguez and
Michael Barber recorded in Document No. 2003-208519 Official Records, Denton County,
Texas. and continuing along said course a total distance of2523.33 feet, to the southwest corner
of said 147.58 acre tract;
THENCE N 00° 11'20" W, with the west line of said 14 7.58 acre tract, a distance of 1936.50
feet to the POINT OF BEGINNING and containing approximately 131.935 acres of land.
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EXHIBITC
ANNEXATION SCHEDULE FOR SAGEBROOK
Upcoming city council meetings are:
February 2020 2/4 (Regular), 2/11 (2nd Tuesday), 2/18 9(Regular), 2/25 (4th Tuesday)
March 2020 3/3 (Regular), 3117 (Regular), March 24 (4th Tuesday)
April2020 4/7 (Regular), 4/14 (2nd Tuesday), 4/21 (Regular), 4/28 (4th Tuesday)
Upcoming P&Z meetings are:
February 2020 2/5 and 2/19
March 2020 3/4 and 3/18
April 2020 4/8 and 4/22
02114/2020 Deadline to post City Council Agenda for Regular Meeting regarding Public Hearing.
02/18/2020 Annexation Service Agreement (Required prior to annexation per 43. 0672),
Annexation Public Hearing (Only one public hearing is required per 43.0673),
AND
First Reading of annexation ordinance (per City Charter)
02/2112020 Publish Ordinance in the paper. (Charter Sec. 1.03; cannot be acted on for 30 days).
03/24/2020 CC by 4/5ths vote takes final action ( 41h Tuesday meeting)
Second Reading of annexation ordinance. (IC item)
Adoption of annexation ordinance (30 days+ post publication per Charter Sec. 1. 03)
Post-Annexation Adoption Procedures:
1. Notification to Comptroller
2. File certified copy of ordinances with the Denton County Clerk
3. File certified copy of ordinances with the Denton CAD
4. Pre-clearance (Letter to DOJ)
5. Revise City Map