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A20-0002c
S:\Legal\Our Documents\Ordinances\20\A20-0002 - Burch Tract Annexation Ordinance - Corrected Final.Docx ORDINANCE NO.A20-0002c AN ORDINANCE OF THE CITY OF DENTON, TEXAS ANNEXING APPROXIMATELY 140.607 ACRES OF LAND GENERALLY LOCATED ON BOTH SIDES OF VINTAGE BOULEVARD AND WEST OF FORT WORTH DRIVE, TO THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A CORRECTION TO THE CITY MAP TO INCLUDE THE ANNEXED LAND; AND PROVIDING FOR A SAVINGS CLAUSE AND AN EFFECTIVE DATE. (A20-0002) WHEREAS, pursuant to Subchapter C-3, Chapter 43, Texas Local Government Code, a municipality may annex an area if the property owner requests the annexation; and WHEREAS, the applicant, Robert Betancur ofZena Management Services, LLC on behalf of the property owner, Burch Family Farm, Ltd., (“Owner”) submitted a petition for voluntary annexation of approximately 140.607 acres of land in Denton County, Texas and described in Exhibit A attached hereto and incorporated herein (“Property”); and WHEREAS, the City of Denton and Owner have entered into a written Municipal Services Agreement for the provision of full municipal services to the Property to be annexed, in accordance with Tex. Loc. Gov’t. Code Sec. 43.0672, and said agreement was approved by the City Council on July 21, 2020; and WHEREAS, on July 21, 2020, the City Council held a public hearing to provide persons interested in the annexation the opportunity to be heard and to adopt an ordinance annexing the area, pursuant to Sec. 43.0673 of the Tex. Loc. Gov’t. Code; and WHEREAS, annexation proceedings were instituted for the Property upon the first reading of the ordinance at the City Council meeting on July 21, 2020; and WHEREAS, this ordinance has been published in full one time in the official newspaper of the City of Denton after annexation proceedings were instituted, and 30 days prior to City Council taking final action, as required by Sec. 1.03 of the City Charter; and WHEREAS, a second reading of the ordinance was conducted and final action on the annexation was taken at the City Council meeting on August 25, 2020; and WHEREAS, the Denton City Council hereby deems it to be in the best interests of the citizens of the City of Denton to approve the annexation of the Property; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS : SECTION 1. The findings and recitations in the preamble of this ordinance are incorporated herein by reference. SECTION 2. The real property described in Exhibit A and depicted on Exhibit B, attached hereto and incorporated herein by reference, is annexed into the City of Denton, Texas. SE(_’TION 3. A savice agreement approved by Ordinance No. A20-0002, is attached as Exhibit C and made a part hereof for all intents and purposes. SECTION 4. The newly annexed property shall b included within the corporate limits of the City of Denton, Texas, thaeby extending the City’s corporate limits and granting to all inhabitants of the newly annexed prolnny all of the rights and pdvilega of at:hm citizms and bringing the inhabitants to all of the ordinances, resolutions, acts, and regulations of the City. A copy of this Ordinance shall be filed in the real property records of the Denton County Clerk and within the Denton County Appraisal Distdct SECTION 5. The City Manager is hereby authorized and directed to immediately correct the map of the City of Denton by adding thaeto the additional territory annexed by this Ordinance, indicating on the map the date ofarnocation and the number of this Ordinance, and the ETJ resulting from such boundary extensions. SECTION 6. 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 7. This ordinance shall tn effective immediately upon its passage. AND IT IS SO ORDERED The motion to approve this ordinance was made by _x and seconded by Jm.. -\>by iS , the ordinance was passed and approved on the second reading by the following vote L--L - n]: Aye q/ \/ a ,/ ./A ,/ J.Z Nay Abstain Absent Mayor Chris Watts: Gerald Hudspeth, District 1 : Keely G. Briggs District 2: Jesse Davis, District 3: John Ryan, District 4: Deb Annintor, At Large Place 5: Paul Meltzer, At Large Place 6: PASSED AND APPROVED ,n th, bbtU day of €\OgOS\-J 2020. CHRIS WATTS, MAYOR Page 2 of 3 ATIEST: ROSA RIOS, CITY SECRETARY B 1r : 2a & APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATrORNEY Page 3 of 3 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 CurRy, Texas. Said 140.607 acres of land, more or less, is commonly known as DCAD Property ID 64685. EXHIBIT B LOCATION MAP CORBIN tigH CD Na a g }B iW@t ~:: KfLLDEEi 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 home-rule municipality (“City”), and Burch Family Farm, Ltd ("Owner"). RECITALS : 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 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 extratemitorial 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. A20-0002 (“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 ofthis 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 permitted 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 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 1 City’s infrastructure extellbiull }>,}licies. ordinances. and developer or property on-ner participation in accordance u ith applicable city ordinances. rules. regulations. and policies. A.Police Police protection from Cit) 's PtJlice 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. l£© 3. 4. Normal patrols and responses; Handling of complaints and incident reports: Special units. such as traftlc enforcement. investigations and weapons; and Coordination with other public safety support agencies. special As development commences in these areas. suftlcient police protection, including personnel and equipment will be provided to furnish these areas with £he level of police services consistent \vith other areas in the Cit) having similar characteristics of topography. land use. and population densit} . Upon ultimate development, police protection \\’ill be provided at a level consistent \\ itIl 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 emergenc) and fire prevention services to the annexation area. These services include: 1. 2. 3. 4. 5. 6. Fire suppression and rescue: Pre-hospital medical services including triage. treatment and transport b) Advanced Life Support ( ALS) fIre engines. trucks and ambulances; Hazardous materials response and mitigation: Emergency prevention and public education efforts; Technical rescue response: and 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 \\ ill be provided to furnish these areas \\' kh the level of services consistent with other areas having similar characteristics of tape>graph) . land use. and population 2 densit} . It is anticipated that fire stati011s planned to ser\e areas currentl} \\ ithin the Cit) of Denton \viII be sufficient to serve areas no\\ being considered for annexation Upon ultimate development. fIre protection \\ ill be provided at a level consistent with other areas \\ithin the cit) limits having similar characteristics of topograph). land use. and population density . ('.Emergency IYIedical Service The Denton Fire Department (DFD) \\ iII provide the foIIo\\ ing emergenc) and safet} services to the annexation area. These services include: 1. 2. 3. Emergency medical dispatch and pre.arrival First Aid instructions: Pre-hospital emergency Advanced Life Support ( ALS) response; and transport; Medical rescue services. Emergenc} Medical Services (EMS) from the Cit) of Denton shall be provided to the areas annexed at a level consistent w'ith current methods and procedures presentl} provided to areas of the City of Denton having similar characteristics of topograph) . land use. and population density. on the effective date of the ordinance. As development conlmences in these areas, sufficient EMS, including personnel and equipment will be provided to furnish these areas u ith the level of services consistent \\ itIl other areas of the Cit) having similar characteristics of topograph\. land use. and population density . Upon ultimate development. EMS \\ ill be provided at a level consistent \\ ith other within the cit) limits having similar characteristics of topograph). land use. and population densIty . D.Solid Waste The City of Denton is the sole provider of solid waste and rec) cling 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 u ill be provided to the new 1) annexed property immediately upon the effective date of the annexation at a level consistent with current methods and procedures presentl) provided to areas u'ithin 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) ) ear term. the customer must initiate solid waste and rec)cling services with the Cit) of Denton. pursuant to Chapter 24 of the Code of Ordinances. 3 E.Wastewater Facilities The proposed annexation area is located w ithin the Cit) of Dellton Sewer Service Area as defined by Certificate ofCon\enience and Necessity (ceN) Nunrber 20072. as issued by the Texas Commission on Environmental Quality (TCEQ). As development commences in these areas. sanitary se\\'er mains will be extended in accordance w'ith 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 Cit) ordinances and regulations. Capacit) shall be provided consistent with other areas having similar characteristics of topograph) . land use. and population density. Upon annexation, sanitary se\\er mains and lift stations which are located within dedicated easements. rights-of-way. or an) 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 utilit) will be the responsibility of that utility. Similarly. operation and maintenance of private waste\\-ater facilities u’ill be the responsibility ofthe prIvate property o\\'ner. F.Water Facilities The annexation area is located within the City of Denton Water Service Area as defined bv Certificate of Convenience and Necessity (ecN) Number 10195 as issued by the Texas Commission on Environmental Qualit} (T('EQ). Connections to existing City of Denton water distribution mains for \\ ater service will be provided in accordance with the Denton Development Code. associated Water/Waste Water Criteria Manual. and existing Cit) ordinances and policies. Upon connection to existing distribution mains, water service \\ill be provided at rates established by cjty ordinance. As ne\\ 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 Cit) ordinances and policies. Water service capacity shall be provided consistent \\ ith service to areas of the Cit) having similar characteristics of topography. land use and population densit) . Operation and maintenance of water facilities and infrastructure that lie within the service area of another water utility u ill be the responsibility of that utility . Existing developments. businesses or homes that are on individual water wells or private \\ater systems will be allowed to remain on those systems until a request for u'ater service is made to the City. These requests for service \viII be handled in accordance \\ ith the 4 applicable u{ilit} service line extension and co1111ecti013 policies currentl} in place at the time the request for service is recei\'ed. G.Roads and Streets Emergency street maintenance. defined as repairs necessar) to prevent imminent damage or injur) 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 \viII be scheduled as part of the Cit) 's annual program. in accordance with the current policies and procedures detlned b) ordinance. or other\\ ise established by the City Council. Any construction or reconstruction will be considered \within the annexation area on a City\\ ide basis and \\ ithin the context of the City's Capital Improvement Plan and/or yearly fiscal budgetary allotments by the City Council. Road\\ ay signage and associated posts u ill 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 u'ill be review'ed and placed on the City's inventory listing for routine replacement, based upon an engineering stud) . Ne\\ signs \\' ill be installed \\ hen 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.Drainage Connections to existing City of Denton drainage facilities \\ ill be provided in accordance with the Denton Development Code, associated Stormu'ater ('riteria Manual, and with existing City ordinances and policies. Drainage fees will be assessed at the rates established by city ordinance and \viII be charged on the utility bill after annexation. All runoff. \\-hether 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. An) cost participation shall be in accordance with the Denton Development Code, Stormwater Criteria Manual, and with existing City ordinances and policies. Drainage facilities extended b) the Cit) will have to be a CIP project and bonds \viII need to be sold. Drainage capacit) shall be provided consistent \\ ith other areas of the City having similar characteristics of topograph) . 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 currentl} in place at the time the request for improved drainage facilities is received by the Cit) . These will be ranked in the CIP project matrix. in accordance with the City Drainage Plan. 5 1.Parks, Flatgrounds, Swimming PocII$ Residents of the annexed area ma) utilize all existing park and recreation facilities as of the effective date of this ordinance. Fees for such usage shall be in accordance \\ ith 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 existingCi{} ordinances and policies. Publicjy Owned Facilities. Any publicl) o\\ned facilit}. building. or service located within the annexed area. and not other\\ ise on ned or maintained b) another governmental entity. shall be maintained by the City of Denton on the effective date of the annexation ordinance. K. L. Permitting and InsDections, Permitting and Inspections shall be obtained through the Cit) of Denton. as outlined in the Code of Ordinances. Other Sen’ices. Other services that may be provided b) the City of Denton, such as municipal and general administration. u’ill be made available as of the effective date of the annexation. The C-it) 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 densit} justify different levels of service. 5.AUTHORITY City and Owner represent that the) have full power, authority and legal right to execute. deliver and perform £heir obligations pursuant to this Agreement. O\\’ner acknowledges that approval of the Annexation Case is within the sole jurisdiction of the City Council. Nothing in this Agreement guarantees favorable decisions b) the City Council. 6.EFFECTIVE DATE; TERM The effective date of this Agreement is the da ie of the annexation of the Propert\ . This Agreement shall be valid for a term often ( 1 0) 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 Iau s 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.SE\’ERABILITY In case an)' one or more of the pro\ isions 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 an> other provision thereof and this Agreement shall be considered as if such invalid. illegal. or unenforceable provision had never beencontained in this Agreement. 10.COUNTERPARTS This Agreement may be executed in any llumber of counterparts. each of which shall be deemed an original and constitute one and the same instrument. li. 12. CAPTIONS The captions to the various clauses of this Agreement are for informational purposes onI) and shall not alter the substance of the terms and conditions of this Agreement. 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 b-ith the land until satisfied in full, regardless of u'hether 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 b) both parties. The Parties stipulate that this Agreement does not constitute a permit for development under Chapter 245 of the Texas Local Government Code The parties have executed tllis Agreenrent on the date first above u'ritten OWNER Burch Family Farm. Ltd B) its General Partner: Burch Farm Management. LLC By : Richard Burch. Member Ad/z3„..„A Richard Burch CITY OF DENTON By :{I City N=nager. Deputy City Manager. or Assistant City Manager THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational obligations and business terms.a Dyecat t£uet#tHebsF 53zsKd IMEI £UL4Gbrr SSateeS Department c4W4ebmt urea Title Date Signed: ] ArrEST: CITY SEI APPROVED AS TO LEGAL FORM: Aaron Leal, City AttoJLney B\CJ’q=–;; EXHIBl'I- A LOCATION Nl AP ALI,REt) EXHIBI'l- B LEGAL DESCRIPTION 140.607 Acres Being 140.607 acres of land. more or less. situated in the William Roark Survey, Abstract No. 1087, Denlon Count) . Texas, and being more fully described in that certain Special Warranty Deed dated September 6, 2007 and recorded in Instrument Number 2007- 1 1 0039 of the Real Property Records of Denton County. Texas, and being the same parcel of land described in the 201 6 Non-Annexation Agreement between the City of Denton, Texas, and the Burch Famil} Farm, Ltd. dated May 12, 2016 and recorded in Instrument Number 201 6-55283 of the Official Public Records of Denton Cunt)', Texas. Said 140.607 acres of land, more or less. is commonl} known as DeAD Property ID 64685. 10