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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. 5 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. 6 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. 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)