21-839FILE REFERENCE FORM
Additional File Exists
Additional File Contains Records Not Public, According to the Public Records Act
Other
FILE(S) Date Initials
Ordinance Created By 20-2082 10/20/2020 CW
Amended by – Ordinance 21-839 05/04/2021 CW
21-839ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. 20-2082 PROVIDING FOR
ACCEPTANCE OF ADDITIONAL ELIGIBLE NON-ANNEXATION AGREEMENTS FOR
AGRICULTURAL, WILDLIFE MANAGEMENT OR TIMBERLAND USE PROPERTBS
WITHIN AN AREA OF LAND ADJACENT TO AND ABUTTING THE EXISTING CITY
LIMITS OF THE CITY OF DENTON, TEXAS, GENERALLY IDENTIFIED AS PAA-3, AN
AREA APPROXIMATELY 1,075 ACRES LOCATED ON THE SOUTH SIDE OF GANZER
ROAD, NORTH AND SOUTH OF BARTHOLD ROAD, NORTH OF FM 1173, WEST OF 1-
35; PROVID[NG FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Ordinance No. 20-2082 was adopted by Council on October 20, 2020,
which ordinance accepted twenty (20) year extensions for eligible non-annexation agreements
for agricultural, wildlife management or timberland use properties within an area of land
adjacent to and abutting the existing city limits of the City of Denton, Texas, generally identified
as PAA-3; and
WHEREAS, since the adoption of Ordinance No. 20-2082, additional properties eligible
for non-annexation agreements have been brought to the City’s attention; and
WHEREAS, the owners of the additional properties have executed non-annexation
agreements; and
WHEREAS, the Denton City Council deems it to be in the best interests of the citizens of
the City of Denton to enter into such non-annexation agreements with the eligible property
owners; 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 City Council hereby approves and accepts the attached properly
executed non-annexation agreement(s), which is labeled as Exhibit “A”.
SECTION 3. The City Council additionally amends Ordinance No. 20-2082 to include
said non-annexation agreements in Exhibits “C”.
SECTION 4. The City Manager is authorized and directed to sign the non-annexation
agreements contained within Exhibit “A”, for and on behalf of the City of Denton as a
ministerial act, but with an effective date of this Council’s action on same. The City Manager
shall further arrange forthwith for the recordation of non-annexation agreements in the real
property records of Denton County, Texas.
SECTION 5. All other provisions of Ordinance No. 20-2082 not specifically amended
herein shall continue in force and effect; however, the provisions of this ordinance shall govern
and control over any conflicting provisions of Ordinance No. 20-2082, to the extent of any such
conflict.
SECTION 6. This Ordinance shall take effect immediately on its passage and approval.
The motion to approve this ordinance was made by H-To\\n ky e_n and seconded
by -Deb Ac(r\\ (\A C , the ordinance was passed and approved by thefollowing vote LL - A :
Aye
/
/
./
\/
Nay Abstain Absent
Mayor Gerard Hudspeth:
Birdia Johnson. District 1 :
Connie Baker. District 2:
Jesse Davis. District 3 :
John Ryan, District 4:V/
J
J
Deb Armintor, At Large Place 5 :
Paul Meltzer, At Large Place 6:
PASSED AND APPROVED this the CItY\day of , 2021.
mRRF6-ITB-SVmMrtbR
ATTEST:
ROSA RIOS, CITY SECRETARY
1\\11111111
1BIII IIr : + a&94pI(p?I
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
Digitally signed by
a h4J :£tce : : : Ln1Yo:/21 1tIBY:
Page 2
EXHIBIT “A“
CHAPTERS 43 AND 212 TEXAS LOCAL GOVERNMENT CODE
2020 NON-ANNEXATION AGREEMENT
This AGREEMENT, entered into on the Effective Date, is by and between the CITY OF
DENTON, TEXAS (the “City”) and VIERITT BOIS-D'-ARC ENT INC AND MERITT
BUFFALO EVENTS LLC (“Owners”), the property owners of the hereinafter described property
(the “Property”) in Denton County, Texas:
Being 97.945 acres of land, more or less, situated in the John Pearson Survey, Abstract No. 1049,
the S.L. Johnson Survey, Abstract No. 683, Denton County, Texas, and being more fully described
in that certain Assumption Warranty Deed dated August 3 1 , 2005 from Bobby Joe Meritt and wife,
Jackie Meritt to Meritt Bois-D’-Arc Enterprises, Inc. and Meritt Buffalo Events, LLC, filed for
record on September 7, 2005 and recorded in Instrument Number 2005-111889 of the Real
Property Records of Denton County, Texas.
SAVE & EXCEPT: 3.449 acres, more or less, situated in the John Pearson Survey, Abstract No.
1049, Denton County, Texas, described in that certain Quitclaim Deed dated October 17, 2006
from Meritt Buffalo Events, LLC to Bobby Joe Meritt, filed for record on October 26, 2006 and
recorded in Instrument Number 2006-132653 of the Real Property Records of Denton County,
Texas
The remaining 94.496 acres, more or less, is commonly known as DCAD Property ID 283913 and
DCAD Property ID 283909, respectively.
RECITALS
WHEREAS, this Agreement is entered into pursuant to Sections 43.01 6 and 21 2. 1 72 of the
Tex. Loc. Gov’t Code, in order to address the desires of Owner and the procedures of the City; and
WHEREAS, pursuant to Ch. 43 of the Tex. Loc. Gov’t Code, the City had previously given
notice of its intent to institute annexation proceedings in 2010, 2015, and again in 2016 for an
“Annexation Area” that includes the above-described Property which was and is subject to the
provisions of Sec. 43.016 of Tex. Loc. Gov’t Code; and
WHEREAS, in accordance with State law, the City offered, and Owners accepted, a non-
annexation development agreement (“NAA”), as then contemplated by former Section 43.035 (as
previously codified) and current Section 212.172 of Tex. Loc. Gov’t Code, in lieu of the City’s
annexation in 2010, as well as extensions of said NAA in lieu of the City’s annexation in 20 1 5 and
2016 (collectively, “Extended NAAs”), of the Property in the Annexation Area not otherwise
excluded by operation of State law; and
WHEREAS, Sec. 43.016 of the Tex. Loc. Gov’t Code authorizes a property owner and a
municipality to enter into an agreement pursuant to Sec. 212.1 72 of the Tex. Loc. Gov’t Code for
purposes of retaining land in the municipality’s extraterritorial jurisdiction (ETJ) in exchange for
I
the property owner’s covenant not to develop the property and to authorize the municipality to
apply regulations and development authority not inconsistent with agricultural use; and
WHEREAS, the Denton County Appraisal District records show that the Property currently
is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or
timber land pursuant to Ch. 23 of the Tex. Tax Code, Subchapters C, D, or E; and
WHEREAS, based upon Owners’ representations and City’s investigation, it appears that
the Property still meets the eligibility criteria of Sec. 43.016 of Tex. Loc. Gov’t Code, and the Ch.
23 of Tex. Tax Code; and
WHEREAS, the most recent Extended NAA executed by the City and Owners will expire
on August 1, 2020; and
WHEREAS, the City desires to allow the Property to remain in the City’s ETJ for the term
of this 2020 non-annexation agreement (hereinafter, the “2020 NAA” or “Agreement”), which
amends and extends the term of the NAA and Extended NAA previously executed by the Parties
for all purposes, until such time as stated herein; and
WHEREAS, Owners hereby accept this offer and agree to the terms of this 2020 NAA, as
set forth herein, and Owners represent that it is their intention not to develop the Property during
the term of this Agreement; and
WHEREAS, upon expiration of the 2020 NAA, Owners shall be deemed to have filed a
petition for voluntary annexation, pursuant to Subch. C--3 of Ch. 43 of the Tex. Loc. Gov’t Code,
incorporating the agreed terms and schedule of the Written Agreement for Services, attached
hereto as Exhibit “A“; and
WHEREAS, Owners and the City acknowledge that this Agreement between them is
binding upon the City and the Owners and their respective successors and assigns for the term of
the Agreement; and
WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton
County, Texas; and
NOW. THEREFORE, in consideration of the mutual covenants contained herein, the
Parties hereto agree as follows:
Section 1. Continuation of ETJ Status. The City guarantees the continuation of the
extraterritorial status of the Property and agrees not to annex the Property for the term of this
Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon bY the
Parties, subject, however, to the provisions of this Agreement.
Section 2. Development Plan. The Owners covenant and agree that use of the Property
for the term of this Agreement, as hereinafter defined, and any extensions agreed to by the Parties
shall be limited to farm-related and ranch-related uses and customary accessory uses, and single-
2
family detached farm or ranch dwellings, provided that no single-family dwelling may be located
or constructed on a lot smaller than five (5) acres unless the lot was created prior to the date of this
Agreement. The property owner may apply to the City for division of the land subject to this
Agreement into parcels, each of which is at least five (5) acres in size, for the purposes set forth in
this section without being in violation of this Agreement. Such uses and activities constitute the
development plan for the Property (the “Development Plan”) in satisfaction of Sec. 212. 172(b) of
the Tex. Loc. Gov’t Code.
Section 3. Governing Regulations. The City regulations, including but not limited to the
following, shall apply to any development of the Property, as such regulations may hereafter be
amended from time to time during the term of this Agreement, as hereinafter defined, provided
that the application of such regulations does not result in interference with the use of the land for
agricultural, wildlife management or forestry purposes and does not prevent the continuation of a
use established prior to the effective date of this Agreement and which remains lawful at the time
the Agreement is executed:
( 1) Zoning standards contained in the Denton Development Code, as amended pursuant to
the Denton Plan 2030, as amended, including but not limited to the Residential Rural
(RR) Zoning District regulations, and standards incorporated therein;
(2) The subdivision and development regulations contained within the Denton
Development Code, as amended, together with applicable Design Criteria Manuals,
Denton Mobility Plan, and other approved Master Plans of the City of Denton, Texas,
as amended and the most recent North Central Texas Council of Governments Standard
Specifications for Public Works Construction, as amended or replaced;
(3) Denton building codes, as adopted by the City and currently contained within Chapters
17, 28, and 29 of the Denton Code of Ordinances and Subchapter 7 in the Denton
Development Code, as amended, along with local amendments, as amended, and more
particularly set forth as follows:
a.
b.
C.
d.
e.
f
g.
h.
1.
j.
k.
I
International Building Code, 2012 Edition with local amendments;
International Residential Code, 2012 Edition with Appendix G and local
amendments;
The International Fire Code, 2012 Edition with local amendments;
International Plumbing Code, 2012 Edition with local amendments;
International Fuel Gas Code, 2012 Edition with local amendments;
International Mechanical Code, 2012 Edition with local amendments
Code of Ordinances of Chapter 1 7, Property Maintenance Code, as amended;
International Energy Conservation Code, 2012 Edition with regional
amendments;
National Electric Code, 2012 Edition with local amendments;
National Electric Safety Code, 2012 Edition, with regional amendments;
Minimum housing and building standards, Code of Ordinances, Sections 17-
141 – 1 96, as amended and as applicable; and
Irrigation Systems, Code of Ordinances, Sections 28-44 1 – 457;
3
(4) Sign regulations, as contained within Subchapter 33 of the Code of Ordinances, as
amended;
(5) Applicable water and wastewater connection, construction and on-site operation
requirements, contained within Chapter 26 of the Denton Code of Ordinances, as
amended, and Subchapters 7 and 8 of the Denton Development Code, as amended, the
Denton Water and Wastewater Criteria Manual, as amended, and as supplemented by
the Texas Water Code, as amended, Texas Natural Resources Code, as amended, Texas
Utilities Code, as amended, and applicable administrative standards of the Texas
Commission on Environmental Quality, as amended;
(6) Applicable Flood Protection, Drainage and related standards, as contained within
Chapter 30 of the Denton Code, as amended, subchapters 7 and 8 of the Denton
Development Code, as amended, the Denton Stormwater Criteria Manual, as amended,
and as supplemented by requirements of the Texas Water Code, as amended, Texas
Natural Resources Code, as amended, applicable administrative standards of the Texas
Commission on Environmental Quality, as amended, and applicable administrative
standards of the Federal Emergency Management Administration, as amended; and
(7) Gas Well platting, drilling and production standards, as contained within Subchapters
2 and 6 of the Denton Development Code, as amended and as applicable, and as
supplemented by requirements of the Texas Utilities Code, the Texas Natural
Resources Code, the Texas Water Code, and applicable administrative standards of the
Texas Railroad Commission and Texas Commission on Environmental Quality, as
amended; and
(8) The City states and specifically reserves its authority pursuant to Chapter 25 1 of the
Tex. Loc. Gov’t Code to exercise eminent domain on the Property.
Section 4. Development Plan to Remain in Effect. Following expiration or termination of
this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect
for a period of 180 calendar days thereafter, or until the effective date of the annexation and
permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the
City may deny any development application or plan of development that is submitted to the City
for the Property during such period if such application or plan is inconsistent with the Development
Plan. The Owners expressly waive any vested rights that might arise under Sec. 43.002(a)(2) and
Chapter 245 of the Tex. Loc. Gov’t Code, local or state law, or by common law, from the submittal
of such inconsistent development application. The Owners further agree that no use commenced
or completed on the Property that is inconsistent with the Development Plan shall be considered
established or in existence prior to the expiration of the 180-day period during which the
Development Plan is in effect.
Section 5. Agreement Deemed Void in Part; Petition for Voluntary Annexation; Service
Plan
(A) if an Owner files any application or plan of development for or otherwise
commences development of any portion of the Property inconsistent with the Development Plan
4
provided in Section 2, then Sections 1 and 3 of this Agreement shall become null and void and
remedy provisions of Section 5(B) of this Agreement will apply.
(B) UPON EXPIRATION, OR UPON BREACH OR TERMINATION OF THIS
AGREEMENT FOR ANY REASON, OR AT ANY POINT THEREAFTER, THEN IN
ADDITION TO THE CITY’S OTHER REMEDIES, SUCH ACT WILL CONSTITUTE A
PETITION FOR VOLUNTARY ANNEXATION BY THE OWNER, PURSUANT TO SUBCH
C-3 OF CH. 43 OF THE TEX. LOC. GOV’T CODE AND THE PROPERTY WILL BE SUBJECT
TO ANNEXATION AT THE DISCRETION OF THE CITY COUNCIL. OWNER AGREES
THAT SUCH ANNEXATION IS VOLUNTARILY MADE AND HEREBY CONSENTS TO
ANNEXATION PURSUANT TO SEC. 212.172(B)(7) OF THE TEX. LOC. GOV’T. CODE.
OWNER HEREBY AGREES TO THE CITY’S LIST AND SCHEDULE OF MUNICIPAL
SERVICES SET FORTH IN EXHIBIT “A“ BY SIGNING THIS AGREEMENT AND OWNER
AGREES THAT THE 2020 NAA SERVES AS THE WRITTEN AGREEMENT REGARDING
SERVICES, PURSUANT TO SEC. 43.0672 OF THE TEX. LOC. GOV’T CODE. IN THE
EVENT THAT THE WRITTEN AGREEMENT REGARDING SERVICES ARE NO LONGER
REQUIRED BY CH. 43 ON THE DATE OF ANNEXATION, THEN THE MUNICIPAL
SERVICES TO BE PROVIDED TO THE PROPERTY WILL BE IN ACCORDANCE WITH
EXISTING CITY POLICY ON THE DATE OF ANNEXATION. AND AS AMENDED
THEREAFTER. No subsequent change in the law regarding annexation shall affect the
enforceability of this written Agreement or of the City’s ability to annex the Property, pursuant to
the terms of this Agreement. This section shall survive any termination of this Agreement.
Section 6. Notice of Sale or Exemption Status Change. Any person who sells or conveys
any portion of the Property shall, prior to such sale or conveyance, give 30 days’ written notice of
this Agreement to the prospective purchaser or grantee. A copy of the notice shall be provided to
the City 30 days prior to such sale or conveyance, and notice of the change in the exemption status
of the Property shall be provided to the City within 14 days of any change at the following address:
City of Denton, Texas
ATTN : City Manager
215 E. McKinney St.
Denton, TX 76201
Section 7. Recording. This Agreement is to run with the Property and be recorded in the
real property records, Denton County, Texas.
Section 8. Severability. Invalidation of any provision of this Agreement by judgment, court
order, legislation, or otherwise shall not invalidate any of the remaining provisions which shall
remain in full force and effect.
Section 9. Remedies. This Agreement may be enforced by either Owner or the City by
any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the
provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as
to matters not addressed in this Agreement.
5
Section 10. Change in Law. No subsequent change in the law regarding annexation shall
affect the enforceability of this Agreement or the City’s ability to annex the properties covered
herein pursuant to the terms of this Agreement.
Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas.
Section 12. Execution in Multiple Copies. This Agreement may be separately executed in
individual counterparts and, upon execution, shall constitute one and same instrument.
Section 13. Effective Date; Term and Extension. The Effective Date of the Agreement
shall be the date the Agreement is executed by the City. This Agreement shall terminate on August
1, 2040 (“Term”). The Term may be extended upon mutual agreement of the Parties. Owners and
the City agree that this Agreement is binding upon both the City and Owners, and Owners’ heirs,
successors, and assigns for the term of the Agreement. Owners, and all of Owner’s heirs,
successors, and assigns shall be deemed to have filed a petition for voluntary annexation before
the end of the Term for annexation of the Property to be completed on or after the end of the Term.
Prior to the end of the Term, the City may commence the voluntary annexation of the Property.
Owner agrees that such annexation shall be voluntary and consents to the annexation pursuant to
Sec. 212.172(b)(7) of Tex. Loc. Gov’t Code and Ch. 43, Subch. C-3 of the Tex. Loc. Gov’t Code.
Section 14. Survival of Covenants. The covenants in Sections 2, 4, and 5 shall survive
termination of this Agreement, together with any other provisions, as may be necessary for the
implementation of those sections.
Section 15. OWNERS REPRESENT AND ACKNOWLEDGE THAT EACH AND
EVERY OWNER OF THE PROPERTY HAS SIGNED THIS AGREEMENT, AND
OWNERS COVENANT AND AGREE, JOINTLY AND SEVERALLY, TO INDEMNIFY,
HOLD HARMLESS, AND DEFEND THE CITY AGAINST ANY AND ALL LEGAL
CLAIMS, BY ANY PERSON CLAIMING AN OWNERSHIP INTEREST IN THE
PROPERTY WHO HAS NOT SIGNED THE AGREEMENT, ARISING IN ANY WAY
FROM THE CITY’S RELIANCE ON THIS AGREEMENT.
Entered into this May of dh . 2020.
ATTEST:
THE CITY OF DENTON, TEXAS
CITY SECRETARYC By
Its :er
}Al .City M
1r 1[]1 E S T JrIII\L Ir E 1(1• rd) FBlgP }
COUNTYOFJBNm }T>e\Not'L ’
This instrument was acknowledg
2020, by LIt\c
KATHRYN A DAYMUT
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 19964a15382
MY COMMISSION EXPIRES APRIL at , 2022 Nt;m
THE STATE OF TEXAS }
COUNTY OF DENTON }
This instrument was acknowledged before me on the
2020, by
day of
Notary Public, State of Texas
THE STATE OF TEXAS }
COUNTY OF DENTON }
This instrument was acknowledged before me on the
2020, by
day of
Notary Public, State of Texas
THE STATE OF TEXAS }
COUNTY OF DENTON }
This instrument was acknowledged before me on the
2020, by
day of
Notary Public, State of Texas
THE STATE OF TEXAS
COUNTY OF DENTON
}
}
This instrument was acknowIEdged
by
Manager/Assistant City Manager, on bel
b,f,r, m, ,„ th, ad,y ,f r/la„,1 , 202}, P
City Manager/Pepbty City
of the City of Denton, Texas.
mmin /ZK
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
Afte
City of Denton
AHn.: City Secretary
215 E. McKinney St.
Denton, TX 76201
EXHIBIT “ A“
LIST AND SCHEDULE OF MUNICIPAL SERVICES
(PURSUANT TO TEX. LOC. GOVT. CODE SEC. 43.0672(b)
I. 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.Police
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.
2.
3.
4.
Normal patrols and responses;
Handling of complaints and incident reports;
Special units, such as traffic enforcement, investigations and
weapons; and
Coordination with other public safety support agencies.
special
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.
2.
3.
4.
5.
6
Fire suppression and rescue;
Pre-hospital medical services including triage, treatment and transport by
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.
A-1
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
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 Medical Service
The Denton Fire Department (DFD) will provide the following emergency and safety
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.
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 Waste
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
A-2
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 provide 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.
E.Wastewater Facilities
The proposed annexation area is located within the City of Denton Sewer Service Area as
defined by Certificate of Convenience and Necessity (CCN) Number 20072, as issued by
the Texas Commission on Environmental Quality (TCEQ).
As development commences in these areas, sanitary sewer mains will be extended in
accordance with the provisions of 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 of the
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 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
A-3
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
applicable utility service line extension and connection policies currently in place at the
time the request for service is received.
G.Roads and Streets
Emergency street maintenance, 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.Drainage
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 wiII 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
A-4
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.
1.Parks, Playgrounds, 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 existing City
ordinances and policies.
J.Publicly Owned Facilities. Any publicly owned facility, building, or service located
within the annexed area, and not otherwise owned or maintained by another governmental
entity, shall be maintained by the City of Denton on the effective date of the annexation
ordinance.
K.Permitting and Inspections. Permitting and Inspections shall be obtained through the
City of Denton, as outlined in the Code of Ordinances.
L Other Services. 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.
II. 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.
A-5
CHAPTERS 43 AND 212 TEXAS LOCAL GOVERNMENT CODE
2020 NON-ANNEXATION AGREEMENT
This AGREEMENT, entered into on the Effective Date, is by and between the CITY OF
DENTON, TEXAS (the “City”) and HARLAN PROP INC (“Owners”), the property owners of the
hereinafter described property (the “Property”) in Denton County, Texas:
Being 86.132 acres of land, more or less, situated in the S. Johnson Survey, Abstract No. 683, Denton
County, Texas, and being more fully described in Tract 3 of that certain Warranty Deed with Vendor’s
Lien dated March 12, 1999 from Ellouise McDonnell to Harlan Properties, Inc., filed for record on
March 15, 1999 and recorded in Volume 4296, Page 1246 of the Real Property Records of Denton
County, Texas. Said 86.132 acres, more or less, is commonly known as DCAD Property ID 79416 and
DCAD Property ID 37689, respectively
SAVE & EXCEPT: A 1.00 acre tract of land, more or less, situated in the S. Johnson Survey, Abstract
No. 683, Denton County, Texas, and being more fully described in that certain Special Warranty Deed
dated March 24, 2004 from Harlan Properties, Inc. to North Denton Pipeline, L.L.C., filed for record on
April 23, 2004 and recorded in Instrument Number 2004-51974 of the Real Property Records of Denton
County, Texas. Said 1.00 acre tract of land, more or less, is commonly known as DCAD Property ID
270484
Being 294.026 acres of land, more or less, situated in the John W. Gibbons Survey, Abstract No. 446,
the John Pearson Survey, Abstract No. 1049 and the S. Johnson Survey, Abstract No. 683, Denton
County, Texas, and being more fully described in Tract 1 of that certain Warranty Deed with Vendor’s
Lien dated March 12, 1999 from Ellouise McDonnell to Harlan Properties, Inc., filed for record on
March 15, 1999 and recorded in Volume 4296, Page 1246 of the Real Property Records of Denton
County, Texas. Said 294.026 acres, more or less, is commonly known as DCAD Property ID 167644,
DCAD Property ID 60428, DCAD Property ID 37686 and DCAD Property ID 173412, respectively.
SAVE & EXCEPT: A 7.873 acre tract of land, more or less, situated in the John Pearson Survey,
Abstract No. 1049 and the S. Johnson Survey, Abstract No. 683, Denton County, Texas, and being more
fully described in that certain Warranty Deed with Vendor’s Lien dated to be effective June 18, 1999
from Harlan Properties, Inc. to Robert J. Sullivan and wife, Jennifer L. Sullivan, filed for record on June
28, 1999 and recorded in Volume 4369, Page 1796 and corrected in Volume 4382, Page 487 of the Real
Property Records of Denton County, Texas. Said 7.873 acres, more or less, is commonly known as
DCAD Property ID 208223 .
RECITALS
WHEREAS, this Agreement is entered into pursuant to Sections 43.016 and 212.172 of the Tex.
Loc. Gov’t Code, in order to address the desires of Owner and the procedures of the City; and
WHEREAS, pursuant to Ch. 43 of the Tex. Loc. Gov’t Code, the City had previously given
notice of its intent to institute annexation proceedings in 2010, 2015, and again in 2016 for an
“Annexation Area“ that includes the above-described Property which was and is subject to the
provisions of Sec. 43.016 of Tex. Loc. Gov’t Code; and
WHEREAS, in accordance with State law, the City offered, and Owners accepted, a non-
annexation development agreement (“NAA”), as then contemplated by former Section 43.035 (as
previously codified) and current Section 212.172 of Tex. Loc. Gov’t Code, in lieu of the City’s
annexation in 2010, as well as extensions of said NAA in lieu of the City’s annexation in 2015 and 2016
1
(collectively, “Extended NAAs“), of the Property in the Annexation Area not otherwise excluded by
operation of State law; and
WHEREAS, Sec. 43.016 of the Tex. Loc. Gov’t Code authorizes a property owner and a
municipality to enter into an agreement pursuant to See. 212.172 of the Tex. Loc. Gov’t Code for
purposes of retaining land in the municipality’s extratemitorial jurisdiction (ETJ) in exchange for the
property owner’s covenant not to develop the property and to authorize the municipality to apply
regulations and development authority not inconsistent with agricultural use; and
WHEREAS, the Denton County Appraisal District records show that the Property currently is
appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber
land pursuant to Ch. 23 of the Tex. Tax Code, Subchapters C, D, or E; and
WHEREAS, based upon Owners’ representations and City’s investigation, it appears that the
Property still meets the eligibility criteria of Sec. 43.016 of Tex. Loc. Gov’t Code, and the Ch. 23 of
Tex. Tax Code; and
WHEREAS, the most recent Extended NAA executed by the City and Owners will expire on
August 1, 2020; and
WHEREAS, the City desires to allow the Property to remain in the City’s ETJ for the term of
this 2020 non-annexation agreement (hereinafter, the “2020 NAA” or “Agreement”), which amends and
extends the term of the NAA and Extended NAA previously executed by the Parties for all purposes,
until such time as stated herein; and
WHEREAS, Owners hereby accept this offer and agree to the terms of this 2020 NAA, as set
forth herein, and Owners represent that it is their intention not to develop the Property during the term
of this Agreement; and
WHEREAS, upon expiration of the 2020 NAA, Owners shall be deemed to have filed a petition
for voluntary annexation, pursuant to Subch. C-3 of Ch. 43 of the Tex. Loc. Gov’t Code, incorporating
the agreed terms and schedule of the Written Agreement for Services, attached hereto as Exhibit “A”;
and
WHEREAS, Owners and the City acknowledge that this Agreement between them is binding
upon the City and the Owners and their respective successors and assigns for the term of the Agreement;
and
WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County,
Texas; and
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties
hereto agree as follows:
Section 1. Continuation of ETJ Status. The City guarantees the continuation of the
extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement,
as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject,
however, to the provisions of this Agreement.
2
Section 2. Development Plan. The Owners covenant and agree that use of the Property for the
term of this Agreement, as hereinafter defined, and any extensions agreed to by the Parties shall be
limited to farm-related and ranch-related uses and customary accessory uses, and single-family detached
farm or ranch dwellings, provided that no single-family dwelling may be located or constructed on a lot
smaller than five (5) acres unless the lot was created prior to the date of this Agreement. The property
owner may apply to the City for division of the land subject to this Agreement into parcels, each of
which is at least five (5) acres in size, for the purposes set forth in this section without being in violation
of this Agreement. Such uses and activities constitute the development plan for the Property (the
“Development Plan”) in satisfaction of Sec. 212.172(b) of the Tex. Loc. Gov’t Code.
Section 3. Governing Regulations. The City regulations, including but not limited to the
following, shall apply to any development of the Property, as such regulations may hereafter be amended
from time to time during the term of this Agreement, as hereinafter defined, provided that the application
of such regulations does not result in interference with the use of the land for agricultural, wildlife
management or forestry purposes and does not prevent the continuation of a use established prior to the
effective date of this Agreement and which remains lawful at the time the Agreement is executed:
(1) Zoning standards contained in the Denton Development Code, as amended pursuant to the
Denton Plan 2030, as amended, including but not limited to the Residential Rural (RR)
Zoning District regulations, and standards incorporated therein;
(2) The subdivision and development regulations contained within the Denton Development
Code, as amended, together with applicable Design Criteria Manuals, Denton Mobility Plan,
and other approved Master Plans of the City of Denton, Texas, as amended and the most
recent North Central Texas Council of Governments Standard Specifications for Public
Works Construction, as amended or replaced;
(3) Denton building codes, as adopted by the City and currently contained within Chapters 17,
28, and 29 of the Denton Code of Ordinances and Subchapter 7 in the Denton Development
Code, as amended, along with local amendments, as amended, and more particularly set forth
as follows:
a.
b.
C.
d
e.
f.
g.
h.
1.
J.
k.
I
International Building Code, 2012 Edition with local amendments;
International Residential Code, 2012 Edition with Appendix G and local
amendments:
The International Fire Code, 2012 Edition with local amendments;
International Plumbing Code, 2012 Edition with local amendments;
International Fuel Gas Code, 2012 Edition with local amendments;
International Mechanical Code, 2012 Edition with local amendments
Code of Ordinances of Chapter 17, Property Maintenance Code, as amended;
International Energy Conservation Code, 2012 Edition with regional amendments;
National Electric Code, 2012 Edition with local amendments;
National Electric Safety Code, 2012 Edition, with regional amendments;
Minimum housing and building standards, Code of Ordinances, Sections 17-141
196, as amended and as applicable; and
Irrigation Systems, Code of Ordinances, Sections 28-441 – 457;
(4) Sign regulations, as contained within Subchapter 33 of the Code of Ordinances, as amended;
3
(5) Applicable water and wastewater connection, construction and on-site operation
requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended,
and Subchapters 7 and 8 of the Denton Development Code, as amended, the Denton Water
and Wastewater Criteria Manual, as amended, and as supplemented by the Texas Water
Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as
amended, and applicable administrative standards of the Texas Commission on
Environmental Quality, as amended;
(6) Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30
of the Denton Code, as amended, subchapters 7 and 8 of the Denton Development Code, as
amended, the Denton Stormwater Criteria Manual, as amended, and as supplemented by
requirements of the Texas Water Code, as amended, Texas Natural Resources Code, as
amended, applicable administrative standards of the Texas Commission on Environmental
Quality, as amended, and applicable administrative standards of the Federal Emergency
Management Administration, as amended; and
(7) Gas Well platting, drilling and production standards, as contained within Subchapters 2 and
6 of the Denton Development Code, as amended and as applicable, and as supplemented by
requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas
Water Code, and applicable administrative standards of the Texas Railroad Commission and
Texas Commission on Environmental Quality, as amended; and
(8) The City states and specifically reserves its authority pursuant to Chapter 251 of the Tex.
Loc. Gov’t Code to exercise eminent domain on the Property.
Section 4. Development Plan to Remain in Effect. Following expiration or termination of this
Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period
of 180 calendar days thereafter, or until the effective date of the annexation and permanent zoning of
the Property, whichever first occurs. The Parties covenant and agree that the City may deny any
development application or plan of development that is submitted to the City for the Property during
such period if such application or plan is inconsistent with the Development Plan, The Owners expressly
waive any vested rights that might arise under Sec. 43.002(a)(2) and Chapter 245 of the Tex. Loc. Gov’t
Code, local or state law, or by common law, from the submittal of such inconsistent development
application. The Owners further agree that no use commenced or completed on the Property that is
inconsistent with the Development Plan shall be considered established or in existence prior to the
expiration of the 180-day period during which the Development Plan is in effect.
Section 5. Agreement Deemed Void in Part; Petition for Voluntary Annexation; Service Plan.
(A) if an Owner files any application or plan of development for or otherwise commences
development of any portion of the Property inconsistent with the Development Plan provided in Section
2, then Sections 1 and 3 of this Agreement shall become null and void and remedy provisions of Section
5(B) of this Agreement will apply.
(B) UPON EXPIRATION, OR UPON BREACH OR TERMINATION OF THIS
AGREEMENT FOR ANY REASON, OR AT ANY POINT THEREAFTER, THEN IN ADDITION
TO THE CITY’S OTHER REMEDIES, SUCH ACT WILL CONSTITUTE A PETITION FOR
VOLUNTARY ANNEXATION BY THE OWNER, PURSUANT TO SUBCH. C-3 OF CH. 43 OF
THE TEX. LOC. GOV’T CODE AND THE PROPERTY WILL BE SUBJECT TO ANNEXATION
AT THE DISCRETION OF THE CITY COUNCIL. OWNER AGREES THAT SUCH ANNEXATION
4
IS VOLUNTARILY MADE AND HEREBY CONSENTS TO ANNEXATION PURSUANT TO SEC.
212.172(B)(7) OF THE TEX. LOC. GOV’T. CODE. OWNER HEREBY AGREES TO THE CITY’S
LIST AND SCHEDULE OF MUNICIPAL SERVICES SET FORTH IN EXHIBIT “A“ BY SIGNING
THIS AGREEMENT AND OWNER AGREES THAT THE 2020 NAA SERVES AS THE WRITTEN
AGREEMENT REGARDING SERVICES, PURSUANT TO SEC. 43.0672 OF THE TEX. LOC.
GOV’T CODE. IN THE EVENT THAT THE WRITTEN AGREEMENT REGARDING SERVICES
ARE NO LONGER REQUIRED BY CH. 43 ON THE DATE OF ANNEXATION, THEN THE
MUNICIPAL SERVICES TO BE PROVIDED TO THE PROPERTY WILL BE IN ACCORDANCE
WITH EXISTING CITY POLICY ON THE DATE OF ANNEXATION, AND AS AMENDED
THEREAFTER. No subsequent change in the law regarding annexation shall affect the enforceability
of this written Agreement or of the City’s ability to annex the Property, pursuant to the terms of this
Agreement. This section shall survive any termination of this Agreement.
Section 6. Notice of Sale or Exemption Status Change. Any person who sells or conveys any
portion of the Property shall, prior to such sale or conveyance, give 30 days’ written notice of this
Agreement to the prospective purchaser or grantee. A copy of the notice shall be provided to the City
30 days prior to such sale or conveyance, and notice of the change in the exemption status of the Property
shall be provided to the City within 14 days of any change at the following address:
City of Denton, Texas
ATTN: City Manager
215 E. McKinney St.
Denton, TX 76201
Section 7. Recording. This Agreement is to run with the Property and be recorded in the real
property records, Denton County, Texas.
Section 8. Severability. Invalidation of any provision of this Agreement by judgment, court
order, legislation, or otherwise shall not invalidate any of the remaining provisions which shall remain
in full force and effect.
Section 9. Remedies. This Agreement may be enforced by either Owner or the City by any
proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions
of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as to matters not
addressed in this Agreement.
Section 10. Change in Law. No subsequent change in the law regarding annexation shall affect
the enforceability of this Agreement or the City’s ability to annex the properties covered herein pursuant
to the terms of this Agreement.
Section 1 1. Venue. Venue for this Agreement shall be in Denton County, Texas.
Section 12. Execution in Multiple Copies. This Agreement may be separately executed in
individual counterparts and, upon execution, shall constitute one and same instrument.
Section 13. Effective Date; Term and Extension. The Effective Date of the Agreement shall be
the date the Agreement is executed by the City. This Agreement shall terminate on August 1, 2040
(“Term”). The Term may be extended upon mutual agreement of the Parties. Owners and the City
agree that this Agreement is binding upon both the City and Owners, and Owners’ heirs, successors, and
5
assigns for the term of the Agreement. Owners, and all of Owner’s heirs, successors, and assigns shall
be deemed to have filed a petition for voluntary annexation before the end of the Term for annexation
of the Property to be completed on or after the end of the Term. Prior to the end of the Term, the City
may commence the voluntary annexation of the Property. Owner agrees that such annexation shall be
voluntary and consents to the annexation pursuant to See. 212.172(b)(7) of Tex. Loc. Gov’t Code and
Ch. 43, Subch. C-3 of the Tex. Loc. Gov’t Code.
Section 14. Survival of Covenants. The covenants in Sections 2, 4, and 5 shall survive
termination of this Agreement, together with any other provisions, as may be necessary for the
implementation of those sections.
Section 15. OWNERS REPRESENT AND ACKNOWLEDGE THAT EACH AND EVERY
OWNER OF THE PROPERTY HAS SIGNED THIS AGREEMENT, AND OWNERS
COVENANT AND AGREE, JOINTLY AND SEVERALLY, TO INDEMNIFY, HOLD
HARMLESS. AND DEFEND THE CITY AGAINST ANY AND ALL LEGAL CLAIMS, BY
ANY PERSON CLAIMING AN OWNERSHIP INTEREST IN THE PROPERTY WHO HAS
NOT SIGNED THE AGREEMENT, ARISING IN ANY WAY FROM THE CITY’S RELIANCE
ON THIS AGREEMENT.
Entered into this Iq q day of Rio va,nI, u,, 2020.
OWNERS
IJ A€LkJ PGd4.TrES ' rtqc.
£bRESH SHRIDHARANI
ATTEST:
cim SECRETARy
C
B
or Assistant
THE STATE OF TEXAS }
COUNTY OFDENTON }DkLLAS
This instrument was acknowledged before me on the jgb day of bJiv'bent„rv
2020, by SURESH SHRIDHARAWI
GIRISH SAMARTH
My Nobw ID # 132210891
Expires CX:tober 15, 2023
lte of Texas
THE STATE OF TEXAS }
COUNTY OF DENTON }
This instrument was acknowledged before me on the
2020, by
day of
Notary Public, State of Texas
THE STATE OF TEXAS }
COUNTY OF DENTON }
This instrument was acknowledged before me on the
2020, by
day of
Notary Public, State of Texas
THE STATE OF TEXAS }
COUNTY OF DENTON }
This instrument was acknowledged before me on the
2020, by
day of
7
Notary Public, State of Texas
THE STATE OF TEXAS 1j
}COUNTY OF DENTON
th, b&d,y ,f rad,A , 2020, by
Manager/Deputy City Mana tQaAssistant City
ic. State of Texas
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
After recording return to:
City of Denton
AHn.: City Secretary
215 E. McKinney St.
Denton, TX 76201
EXHIBIT “ A”
LIST AND SCHEDULE OF MUNICIPAL SERVICES
(PURSUANT TO TEX. LOC. GOVT. CODE SEC. 43.0672(b)
1. 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.Police
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.
2.
3.
4.
Normal patrols and responses;
Handling of complaints and incident reports;
Special units, such as traffic enforcement, investigations and special weapons;
and
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.
2.
3.
4.
5.
6.
Fire suppression and rescue;
Pre-hospital medical services including triage, treatment and transport by
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
A-1
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 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 Medical Service
The Denton Fire Department (DFD) will provide the following emergency and safety 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.
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 Waste
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
provide 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.
E.Wastewater Facilities
A-2
IV.
V.
VI.
The proposed annexation area is located within the City of Denton Sewer Service Area as
defined by Certificate of Convenience and Necessity (CCN) Number 20072, as issued by the
Texas Commission on Environmental Quality (TCEQ).
As development commences in these areas, sanitary sewer mains will be extended in
accordance with the provisions of 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 .
VII
VIII. 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.IX
X. 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 of the private property
owner .
XI
Water Facilities
The annexation area is located within the City of Denton Water Service Area as defined by
Certificate of Convenience and Necessity (CCN) Number 10195 as issued by the Texas
Commission on Environmental Quality (TCEQ).
A.
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 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 applicable utility
service line extension and connection policies currently in place at the time the request for service
is received.
B.Roads 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
A-3
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.
C.Drainage
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.
D.
XII.
XIII.
Parks, Playgrounds, 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 existing City
ordinances and policies.
A-4
A.
XIV.
A.
Publicly Owned Facilities. Any publicly owned facility, building, or service located within the
annexed area, and not otherwise owned or maintained by another governmental entity, shall be
maintained by the City of Denton on the effective date of the annexation ordinance.
Permitting and Inspections. Permitting and Inspections shall be obtained through the City of
Denton, as outlined in the Code of Ordinances.
B Other Services. 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.
II. 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.
A-5