A20-0002S:\Legal\Our Documents\Ordinances\20\A20-0002 - Municipal Services Agreement Ordinance For Burch Tract - FINAL.Docx
ORDINANCE NO. A20-0002
AN ORDINANCE OF THE CITY OF DENTON, TEXAS REGARDING A MUNICIPAL
SERVICES AGREEMENT, PURSUANT TO TEX, LOC. GOV. CODE SEC. 43.0672,
BETWEEN THE CITY OF DENTON AND BURCH FAMILY FARM, LTD. FOR THE
PROVISION OF CITY SERVICES TO APPROXIMATELY 140.607 ACRES OF LAND
GENERALLY LOCATED ON BOTH SIDES OF VINTAGE BOULEVARD AND WEST OF
FORT WORTH DRIVE; APPROVING A SCHEDULE OF ANNEXATION; AUTHORIZING
THE CITY MANAGER TO EXECUTE THE AGREEMENT; AND PROVIDING AN
EFFECTIVE DATE. (A20-0002)
WHEREAS, Robert Betarcur of McAdams, on behalf of the property owner, Richard
Burch, representing Burch Family Farm, Ltd. ("Owner"), has submitted a petition for voluntary
annexation of approximately 140.607 acres of land in Denton County, Texas as described in
Exhibit A attached hereto and incorporated herein ("Property"); and
WHEREAS, the City of Denton 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 of Denton and the 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 of Denton 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 of this 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.
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 and approval.
The motio to approve this ordinance was m,
seconded by ,
the following dte [:1 - z:
Aye
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: /
de by nd
the ordinance was passed and Approved by
Nay Abstain Absent
PASSED AND APPROVED this, the?[)' -day of , 2020.
CHRIS WATTS, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY
BY:
a �
APPROVED AS TO LEGAL FORM:m
SVS
' ti1
AARON LEAL, CITY ATTORNEY
BY:
Page 2 of 2
MUNICIPAL SERVICES AGREEMENT
This N-lunicipa.l Service Agreement ("Agreement") is entered into this 2Ist day of July
2020, by and between and the City of Denton, a Texas home -rule municipality ("City"), and Burch
Family Farm, Ltd ("Owner").
WHEREAS, Section 43.0671 of the TLGC permits 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 Properly on or after the effective date of annexation;
WHEREAS, the Owner owns two (2) tracts of land, totaling approximately 140.607 acres
of land, of which approximately 140.607 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
of the Property, identified as Annexation Case No. A20-002 ("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 annexation; 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 offilll,
available municipal services to the Property in accordance with state law, which may be
accomplished through any means permitted bylaw.
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 available by any method or means by which the City
makes such municipal services available to any other area of the City, including per the
City's infrastructure extension policies, ordinances, and developer or property owner
participation in accordance with applicable city ordinances, rules, regulations, and policies.
A. P-9-1 i —ce
Police protection from City's Police Department shall be provided to the area annexed at a
level consistent with current methods and procedures presently provided to areas with
similar topography, land use, and population density, 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 other areas in the City having similar characteristics of topography,
land use, and population density.
Upon ultimate development, police protection will be provided at a level consistent with
other areas Within the city limits having similar characteristics of topography, land use, and
population density.
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 areas of the City of
Denton having similar characteristics of topography, land use, and population density, 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 other areas having similar characteristics of topography, land use, and population
74
density. 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
areas within the city limits having similar characteristics of topography, land use, and
population density.
C. Emergency _K_gdioJ 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 Lite 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
areas of the City of Denton having similar characteristics of topography, land use, and
population density, 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
other areas of the City having similar characteristics of topography, land use, and
Population density.
Upon ultimate development, EMS will be provided at a level consistent with other within
the city limits having similar characteristics of topography, land use, and population
density.
D. S21W Wast
The City of Denton is the sole provider of solid waste and recycling collection services to
all residents, and sole provider for trash collection service to commercial entities in the
City. Recycling collection services for commercial entities are managed on the open
market, and the City of Denton is one option for service provision. 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 areas within the city having similar characteristics of
topography, land use, and population density. Customers receiving their existing services
from private solid waste collection service providers operating in the affected area
immediately prior to annexation may continue to utilize their existing service for up to 2
years in accordance with Texas Local Government Code. Should that private service end
prior to the expiration of the two (2) year terra, the customer must initiate solid waste and
recycling services with the City of Denton, pursuant to Chapter 24 of the Code of
Ordinances.
E. WagtewaterlFAcilifies
The proposed annexation area is located within the City of Denton Sewer Service Area as
defined by Certificate of Convenience and Necessity (CCN) NEmlber 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 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 other areas having similar characteristics of
topography, land use, and population (tensity.
Upon annexation, sanitary sewer mains and lift stations which are located within dedicated
easements, rights-of-way, or any other acceptable locations approved by the City Engineer,
shall be maintained by the City on the effective date of this ordinance, if installed or
improved to City standards within the annexed areas.
Operation and maintenance of wastewater facilities and infrastructure lying within the
service area of another water utility will be the responsibility of that utility. Similarly,
operation and maintenance of private wastewater facilities will be the responsibility ofthe
private property 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 oil 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, associated Water/Waste
Water Criteria. Manual, and 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, extensions of water distribution plains and
cost participation shall be in accordance with the Denton Development Code,
Water/Wastewater Criteria Manual, and with existing City ordinances and policies. Water
service capacity shall be provided consistent with service to areas of the City having similar
characteristics of topography, land use and population density.
Operation and maintenance of water facilities and infrastructure that lie 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 remain on those systems until a request for water service
is made to the City. These requests for service will be handled in accordance with the
4
applicable utility service line extension and connection policies currently in place at the
time the request for service is received.
G. Loads and Streets
Emergency street maintenance, defined as repairs necessary to prevent imminent damage
or injury to the health or safety of the public or any person, as determined by the Director
of Public Works, shall be provided within the annexation area upon the effective date of
the annexation ordinance. Routine maintenance will be provided within the annexation
areas and will be scheduled as part of the City's annual program, in accordance with the
current policies and procedures defined by ordinance, or otherwise 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.
Roadway signage and associated posts will be replaced in priority of importance starting
with regulatory signs, then warning signs, then informational signs, in conformance with
fiscal allotments by the City Council. If an existing sign remains, it will be reviewed and
placed on the City's inventory listing for routine replacement, based upon an engineering
study. New signs will be installed when necessary, based upon an engineering study.
Routine maintenance of road/street markings will be evaluated and scheduled within the
yearly budgetary allotments by the City Council.
H. aawau
Connections to existing City of Denton drainage facilities will be provided in accordance
with the Denton Development Code, associated Stormwater Criteria Manual, and with
existing City ordinances and policies. Drainage fees will be assessed at the rates established
by city ordinance and will be charged on the utility bill after annexation. All runoff, whether
directly tied into the system or not, impacts the system and will be charged.
As new development occurs within these areas, drainage facilities will be extended or
improved by the developer. Any cost participation shall be in accordance with the Denton
Development Code, Stormwater Criteria Manual, and with existing City ordinances and
policies. Drainage facilities extended by the City will have to be a. CIP project and bonds
will need to be sold. Drainage capacity shall be provided consistent with other areas of the
City having similar characteristics of topography, land use and population density.
Existing developments, businesses or homes that are on existing drainage systems will be
allowed to continue to remain on these systems until a request for drainage facilities is
made to the City. Any requests for City improvements to existing drainage facilities will
be handled in accordance with the applicable extension and connection policies currently
in place at the time the request for improved drainage facilities is received by the City.
These will be ranked in the CIP project matrix, in accordance with the City Drainage Plan.
I. Caj:1► ._IF-tay roun s. Swimming Pools
Residents of the annexed area may utilize all existing park and recreation facilities as of
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 existingCity
ordinances and policies.
J. PubliglyOwri@{� F C�j�itfCy. 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.
K. Permittinu and Irrunections. Permitting and Inspections shall be obtained through the City
of Denton, as outlined in the Code of Ordinances.
L. Qther Semiggs. Other services that may be provided by the City of Denton, such as
municipal and general administration, will he made available as of the effective date of the
annexation. The City of Denton shall provide a 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 having similar
topography, land use, and population density similar to those reasonably contemplated or
projected in the area.
4. UNIFORM LEVEL OF SERVICES IS NOT REQUIRED
Nothing in this Agreement shall require City 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 justify different levels of service.
5. AUTHORITY
City and Owner represent that they have full power, authority and legal right to execute,
deliver and perform their obligations pursuant to this Agreement. 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.
G. EFFECTIVE DATE; TERM
The effective date of this Agreement is the date of the annexation of the Property. This
1-1
Agreement shall be valid for a term of ten (10) years from the Effective Date.
7. VENUE AND GOVERNING LAW
Venue shall be in the state courts located in Denton County, Texas or the United States
District Court for the Eastern District of Texas. This Agreement shall be governed and
construed in accordance with the laws and court decisions of the State of Texas.
8. GOVERNMENTAL POWERS. It is understood 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 Agreement 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, regardless 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.
7
The parties have executed this Agreement on the date first above written.
OWNER
Burch Family Farm, Ltd
By its General Partner: Burch Farm
Management, LLC
By: Richard Burch, Member
R.� 43"Ce�
Richard Burch
CITY OF DENTON, TEXAS
By:
City Manager, Deputy Ci anager, or
Assistant City Manager
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational
obligations and business terms.
Signature
Title
Department _
Date Signed:
APPROVED AS TO LEGAL FORM:
Aaron Leal, City Attorney
By: _ �� j J
EXHIBIT A
LEGAL DESCRIPTION
140.607 Acres
Being 140.607 acres of land, more or less, situated in the William Roark Survey, Abstract No.
1087, Denton County, Texas, and being more fully described in that certain Special Warranty
Deed dated September 6, 2007 and recorded in Instrument Number 2007-110039 of the Real
Property Records of Denton County, Texas, and being the same parcel of land described in the
2016 Non -Annexation Agreement between the City of Denton, Texas, and the Burch Family
Farm, Ltd. dated May 12, 2016 and recorded in Instrument Number 2016-55283 of the Official
Public Records of Denton Cunty, Texas. Said 140.607 acres of land, more or less, is commonly
known as DCAD Property ID 64685.
EXHIBIT B
LOCATION MAP
EXHIBIT A
LEGAL DESCRIPTION
140.607 Acres
Being 140.607 acres of land, more or less, situated in the William Roark Survey, Abstract No.
1087, Denton County, Texas, and being more fully described in that certain Special Warranty
Deed dated September 6, 2007 and recorded in Instrument Number 2007-110039 of the Real
Property Records of Denton County, Texas, and being the same parcel of land described in the
2016 Non -Annexation Agreement between the City of Denton, Texas, and the Burch Family
Farm, Ltd. dated May 12, 2016 and recorded in Instrument Number 2016-55283 of the Official
Public Records of Denton Cunty, Texas. Said 140.607 acres of land, more or less, is commonly
known as DCAD Property ID 64685.
MUNICIPAL SERVICES AGREEMENT
This (Municipal Service Agreement ("Agreement") is entered into this 21st day of July
2020, by and between and the City of Denton, a Texas horne-rule municipality (`City"), and Burch
Family Farm, Ltd ("Owner").
WHEREAS, Section 43.0671 of the TLOC permits 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 owners) that sets forth the City services to be provided
for the Property on or after the effective date of annexation;
WHEREAS, the Owner owns two (2) tracts of land, totaling approximately 140.607 acres
of land, of which approximately 140,607 acres in the City's extraterritorial jurisdiction, as
described in Exhibit A and depicted in Exhibit I3, incorporated herein by reference (`the
Property"), and
WHEREAS, the Owner has filed a written petition with the City for voluntary annexation
of the Property, identified as Annexation Case No. A20-002 ("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 (late of annexation; 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 ful 1,
available municipal services to the Property in accordance with state law, which may be
accomplished through any means permitted bylaw.
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 available by any method or means by which the City
makes such municipal services available to any other area of the City, including per the
City's infrastructure extensi011 laolicies, ordinances; and developer or property owner
participation in accordance with applicable city ordinances, rules, regulations, and policies.
A. Pglice
.Police protection from City's Police Department shall be provided to the area annexed at a
level consistent with current methods and procedures presently provided to areas with
similar topography, land use, and population density, on the effective date of the ordinance.
Some of these services include:
I . 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 other areas in the City having similar characteristics of topography,
land use, and population density.
Upon ultimate development, police protection will be provided at a level consistent with
other areas within the city limits having similar characteristics of topography, land use, and
Population density.
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) lire engines, trucks and ambulances;
3. Hazardous materials response and mitigation;
4. Emergency prevention and public education efforts;
S. 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 areas of the City of
Denton having similar characteristics of topography, land use, and population density, on
the effective date of the ordinance.
As development commences in these areas, sufF'icient fire protection, including personnel
and equipment will be provided to furnish these areas with the level of services consistent
with other areas having similar characteristics of topography, land use, and population
2
density. 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
areas within the city limits having similar characteristics of topography, land use, and
population density.
C. lEm.er2tney nedical &rvic
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
areas of the City of Denton having similar characteristics of topography, land use, and
population density, 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
other areas of the City having similar characteristics of topography, land use, and
Population density.
Upon ultimate development, EMS will be provided at a level consistent with other within
the city limits having similar characteristics of topography, land use, and population
density.
D. Solid Waw
The City of Denton is the sole provider of solid waste and recycling collection services to
all residents, and sole provider for trash collection service to commercial entities in the
City. Recycling collection services for commercial entities are managed on the open
market, and the City of Denton is one option for service provision. 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 areas within the city having similar characteristics of
topography, land use, and population density. Customers receiving their existing services
from private solid waste collection service providers operating in the affected area
immediately prior to annexation may continue to utilize their existing service for up to 2
years in accordance with Texas Local Government Code. Should that private service end
prior to the expiration of the two (2) year term, the customer must initiate solid waste and
recycling services with the City of Denton, pursuant to Chapter 24 of the Code of
Ordinances.
h
J
E. YYR slaner 9.,ardlit Iq
The proposed annexation area is located within the City of Denton Sever 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 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 other areas having similar characteristics of
topography, land use, and population density.
Upon annexation, sanitary sewer mains and lift stations which are located within dedicated
easements, rights-of-way, or any other acceptable locations approved by the City Engineer,
shall be maintained by the City on the effective date of this ordinance, if installed or
improved to City standards within the annexed areas.
Operation and maintenance of wastewater facilities and infrastructure lying within the
service area of another water utility will be the responsibility of that utility. Similarly,
operation and maintenance of private wastewater facilities will be the responsibility ofthe
private property owner.
F. Water Eaci i ies
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 the Denton Development Code, associated Water/Waste
Water Criteria. Manual, and 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, extensions of water distribution mains and
cost participation shall be in accordance with the Denton Development Code,
Water/Wastewater Criteria Manual, and with existing City ordinances and policies. Water
service capacity shall be provided consistent with service to areas of the City having similar
characteristics of topography, land use and population density.
Operation and maintenance of water facilities and infrastructure that lie within the service
area of another water utility will be the responsibility of that utility.
Existing developments, businesses or hones that are on individual water wells or private
water systems will be allowed to remain oil those systems until a request for water service
is made to the City. These requests for service will be handled in accordance with the
4
applicable utility service line extension and connection policies currently in place at the
time the request for service is received.
G. ]loads arad Stugfs
Emergency street maintenance, defined as repairs necessary to prevent imminent damage
or injury to the health or safety of the public or any person, as determined by the Director
of Public Works, shall be provided within the annexation area upon the effective date of
the annexation ordinance. Routine maintenance will be provided within the annexation
areas and will be scheduled as part of the City's annual program, in accordance with the
current policies and procedures defined by ordinance, or otherwise 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 Colrncll.
Roadway signage and associated posts will be replaced in priority of importance starting
With regulatory signs, then warning signs, then informational signs, in conformance with
fiscal allotments by the City Council. If an existing sign remains, it will be reviewed and
placed on the City's inventory listing for routine replacement, based upon an engineering
study. New signs will be installed when necessary, based upon an engineering study.
Routine maintenance of road/street markings will be evaluated and scheduled within the
yearly budgetary allotments by the City Council.
H. Draigagg
Connections to existing City of Denton drainage facilities will be provided in accordance
with the Denton Development Code, associated Stormwater Criteria Manual; and with
existing City ordinances and policies. Drainage fees will be assessed at the rates established
by city ordinance and will be changed ori the utility bill after annexation. All runoff, whether
directly tied into the system or not, impacts the system and will be charged.
As new development occurs within these areas, drainage facilities will be extended or
improved by the developer. Any cost participation shal I be in accordance with the Denton
Development Code, Stormwater Criteria Manual, and with existing City ordinances and
policies. Drainage facilities extended by the City will have to be a CIP project and bonds
will need to be sold. Drainage capacity shall be provided consistent with other areas of the
City having similar characteristics of topography, land use and population density.
Existing developments, businesses or hornes that are on existing drainage systerns will be
allowed to continue to remain on these systems until a request for drainage facilities is
made to the City. Any requests for City improvements to existing drainage facilities will
be handled in accordance with the applicable extension and connection policies currently
in place at the tirne the request for improved drainage facilities is received by the City.
These will be ranked in the CIP project matrix, in accordance with the City Drainage Plan.
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Lill 5' .S� t' t s 4Vl g Pools
Residents of the annexed area may utilize a[I existing park and recreation facilities as of
the effective date of this ordinance. Pees 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.
J. Publicly QwilydLuLlities. 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.
K. Perinitt_i_ngan(i,�,ll;spggtions. Permitting and Inspections shall be obtained thrOU-11 the City
of Denton, as outlined in the Code of Ordinances.
L. Other Servs. Other services that may be provided by the City of Denton, such as
municipal and general administration, will be made available as of the effective date of the
annexation. The City of Denton shall provide a 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 having similar
topography, land use, and population density similar to those reasonably contemplated or
projected in the area.
4. UNIFORM LEVEL OF SERVICES IS NOT REQUIRED
Nothing in this Agreement shall require City 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 justify different levels of set -vice.
5. AUTHORITY
City and Owner represent that they have full power, authority and legal right to execute,
deliver and perform their obligations pursuant to this Agreement. 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.
G. EFFECTIVE DATE; TERM
The effective date of this Agreernent is the date of the annexation of the Property. This
Agreement shall be valid for a term often (10) years frorn the Effective Date.
7. VENUE AND GOVERNING LAW
Venue shall be in the state courts located in Denton County, Texas or the United States
District Court for the Eastern District of Texas. This Agreement shall be governed and
construed in accordance with the laws and court decisions of the State of Texas.
8. GOVERNMENTAL POWERS. It is understood that by execution of this Agreement,
City does not waive or surrender any of its governmental powers or immunities.
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9. SEVERABILITY
In case any one or more of the provisions contained in this Agreement 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, regardless 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.
Burch Family Farm, Ltd
By its General Partner: Burch Farm
Management, LLC
By: Richard Burch, //Member
Xz-e�� J
Richard Burch
CITY OF DENTON, TEXAS
By:
City Manager, Deputy City Manager, or
Assistant City Manager
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational
obligations and business terms.
Signature
Department
Date Signed:
APPROVED AS TO LEGAL FORM:
Aaron Leal, City Attorney
am
EXHIBIT A
LEGAL DESCRIPTION
140.607 Acres
Being 140.607 acres of land, more or less, situated in the William Roark Survey, Abstract No.
1087, Denton County, Texas, and being more fully described in that certain Special Warranty
Deed dated September 6, 2007 and recorded in Instrument Number 2007-110039 of the Real
Property Records of Denton County, Texas, and being the same parcel of land described in the
2016 Non -Annexation Agreement between the City of Denton, Texas, and the Burch Family
Farm, Ltd. dated May 12, 2016 and recorded in Instrument Number 2016-55283 of the Official
Public Records of Denton Cunty, Texas. Said 140.607 acres of land, more or less, is commonly
known as DCAD Property ID 64685.
EXHIBIT B
LOCATION MAP
EXHIBIT C
SCHEDULE OF ANNEXATION
Upcoming 2020 Citv Council meetings are:
June - June 2 (Regular), June 9 (2nd Tuesday), June 16 (Regular), June 23 (4th Tuesday)
July - July 21 (Regular), July 28 (4th Tuesday)
August - August 4 (Regular), August 11 (2nd Tuesday), August 18 (Regular), August 25
(4th Tuesday)
September - September 1 (Regular), September 15 (Regular), September 22 (4th Tuesday)
October- October 13 (2nd Tuesday), October 20 (Regular), October 27 (4th Tuesday)
Upcoming 2020 Planning and Zoning Commission meetings are:
June -
June 3 and June 17
July -
July 8 and July 22
August -
August 5 and August 19
September -
September 2 and September 16
October -
October 7 and October 21
July 4 Deadline to post Newspaper and Website Notices for Regular Meeting regarding Public
Hearing.
July 17 Deadline to post City Council Agenda for Regular Meeting regarding Public Hearing.
July 21 Annexation Municipal Services Agreement — IC item (Required prior to annexation per
43.0672),
Annexation Public Hearing — PH item (Regular meeting) (Only one public hearing is
required per 43.0673),
AND
First Reading of annexation ordinance — IC item (per City Charter Sec 1.03)
July 24 Publish Ordinance in the paper (Charter Sec. 1.03; cannot be acted on for 30 days)
August 25 Second Reading of annexation ordinance - IC item
CC by 4/5ths vote takes final action (4`h Tuesday meeting)
Adoption of Annexation ordinance (30 days + post ordinance 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
August 30 Deadline to mail out Public Hearing Notices and post Newspaper and Website Notices for
Planning and Zoning Commission public hearing to consider initial zoning request
September 16 Planning and Zoning Commission public hearing to consider initial zoning request PH
item
October 20 City Council public hearing to consider initial zoning request PH item (Regular
meeting)